ATTACHMENT B GENERAL TERMS AND CONDITIONS FOR NEIGHBORHOOD STABILIZATION PROGRAM CONSTRUCTION PROJECTS The work to be performed under this bid/contract is financed by a Federal grant and the following requirements are applicable to the performance of the contract: 1. General Terms and Conditions 2. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity 3. Equal Opportunity Clause 4. Standard Federal Equal Employment Construction Contract Specifications 5. Performance and Payment Bonds, if bid exceeds $150,000 The following items MUST be returned with your bid proposal. Please ensure that all forms are fully completed. If the forms are not included with your bid or are not completely filled-out, the bid can be ruled as incomplete and may not be considered. 1. Certification of Nonsegregated Facilities 2. E.O. 11246 Certification 3. Debarred Contractor Certification 4. Affirmative Action Compliance Plan, if you employ fifty (50) or more employees and your bid is $50,000 or higher 5. Bid Guarantee (bond or certified check equivalent to five (5) percent of the bid price), if bid exceeds $100,000 (see Item Q. of General Conditions) 6. Contractor's License number and Federal Employer Identification Number Note: All subcontractors on the job will be required also to submit the information listed above (with the exception of the bid guarantee) prior to starting work on the job. I:\Purchasing\Solicitations - Current\RFQ# 5912 Residential Repairs, NSP Garage and Apartment - 1116 18th Ave. S (910-65)\General Terms Conditions for Construction Bid City Issuing Bid under NSP 2015.doc
GENERAL TERMS AND CONDITIONS (NSP-Funded Construction Between City and General Contractor) For the purpose of these General Terms and Conditions, a reference to "CONTRACTOR" shall mean the prime/general contractor on the job and "Agency" shall mean the City of St. Petersburg engaging the prime/general contractor for renovation and/or construction services. A. Non-Discrimination. In carrying out this agreement, the CONTRACTOR or any subcontractor shall not exclude from participation in, deny benefits to, or otherwise discriminate against, any person because of race, color, religion, sex, age, national origin or handicap. B. Equal Employment and Contracting Opportunity. During the performance of this agreement, the CONTRACTOR shall comply with E.O. 11246 and implementing regulations at 41 CFR Part 60. CONTRACTOR shall not discriminate against any person in any phase of employment because of race, color, religion, sex, or national origin. CONTRACTOR and any subcontractor shall take affirmative action to ensure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training and apprenticeship. CONTRACTOR and any subcontractor shall to the greatest extent feasible give opportunities for training and employment to low- and moderate-income persons residing within the Tampa - St. Petersburg metropolitan area and award contracts for work in connection with this agreement to eligible business concerns which are located in or owned in substantial part by persons residing in said metro area. In accordance with E.O. 11246 and implementing regulations at 41 CFR Part 60, CONTRACTOR and any subcontractors performing services under this agreement shall develop a written affirmative action compliance program, if CONTRACTOR or subcontractor has fifty (50) or more employees and is awarded a contract(s) totaling $50,000.00 or more. Said program shall be due to the City of St. Petersburg and/or Agency prior to any payment for services under this agreement. C. Section 3. Any contract or subcontract exceeding $100,000 shall comply with Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. CONTRACTOR shall comply with HUD's regulations in 24 CFR Part 135, which implement Section 3, and shall include the following clause (referred to as the Section 3 clause) in all subcontracts resulting from the commitment of funds under this Agreement: 1) The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. 2) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. 3) The contractor agrees to send to each labor organization or representative of workers with whom the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each: and the name and location of the person(s) taking applications for each of the positions: and the anticipated date the work shall begin. 4) The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135 and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. I:\Purchasing\Solicitations - Current\RFQ# 5912 Residential Repairs, NSP Garage and Apartment - 1116 18th Ave. S (910-65)\General Terms Conditions for Construction Bid City Issuing Bid under NSP 2015.doc 2
5) The contractor will certify that any vacant employment positions, including training positions, filled: (1) after the contractor is selected but before the contract is executed; and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135. 6) Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. D. Conflict of Interest. CONTRACTOR shall ensure that no member of or delegate to the Congress of the United States of America shall be admitted to any share or part hereof or to any benefit to arise herefrom. In addition, CONTRACTOR shall ensure that no employee or consultant of the Cit of St. Petersburg and/or Agency or a subgrantee, or its designees or agents, no member of the City Council, and no other elected or appointed official or officer of the Cit of St. Petersburg and/or Agency or a subgrantee who exercises or has exercised any functions or responsibilities with respect to the NSP program during his or her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, either for themselves or those with whom they have family or business ties, for work to be performed in connection with the services provided under this agreement. CONTRACTOR shall maintain a code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the awarding and administration of contracts using funds provided under this agreement. No employee, officer or agent shall participate in the selection, award or administration of a contract in which said funds are used, where he or his immediate family, partners, or organization in which he or his family or partner has a financial interest or with whom he is negotiating or has any arrangement concerning prospective employment. CONTRACTOR'S officers, employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors or potential contractors. Such standards shall provide for disciplinary actions to be applied for violations of such standards by CONTRACTOR'S officers, employees or agents. E. Record Retention. All records pertaining to this agreement, including but not limited to financial, statistical, property and programmatic records, shall be retained for four (4) years from ending date of the CITY'S fiscal year (October 1 through September 30) in which this agreement is paid in full, expired, or terminated. All records, however, that are subject to audit findings shall be retained for four (4) years in the manner prescribed above or until such audit findings have been resolved, whichever is later. Nothing herein shall be construed to allow destruction of records that may be required to be retained longer by the Statutes of the State of Florida. F. Audits. The CONTRACTOR shall at any time during normal business hours and as often as the Cit of St. Petersburg and/or Agency and/or Comptroller General of the United States and/or the U.S. Department of Housing and Urban Development and/or any of their duly authorized representatives may deem necessary make available for examination all of CONTRACTOR'S records, books, documents, papers, and data with respect to all matters covered by this agreement and shall permit the Cit of St. Petersburg and/or Agency and/or its designated authorized representative to audit and examine all books, documents, papers, records and data related to this agreement. G. Termination of Contract for Cause. If, through any cause, CONTRACTOR shall fail to fulfill in a timely and proper manner its obligation under this agreement, or if CONTRACTOR shall violate any of the covenants, agreements, or stipulations of this agreement, Cit of St. Petersburg and/or Agency shall thereupon have the right to terminate this agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, any finished or unfinished material prepared under this agreement shall become the property of Agency and just and equitable compensation or credit as determined by Agency shall be given for any work satisfactorily completed hereunder. Notwithstanding the above, the CONTRACTOR shall not be relieved of liability to the Agency for damages sustained by the Agency by virtue of any breach of the agreement by the CONTRACTOR. The Agency may withhold any payments to the CONTRACTOR for the purpose of set-off until such time as the exact amount for damages due to the Agency from the CONTRACTOR is determined. This agreement may not be so terminated if the failure to perform rises from unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR. Such causes may include, but are not restricted to acts of God, acts of the public enemy, acts of the Government in either its sovereign or I:\Purchasing\Solicitations - Current\RFQ# 5912 Residential Repairs, NSP Garage and Apartment - 1116 18th Ave. S (910-65)\General Terms Conditions for Construction Bid City Issuing Bid under NSP 2015.doc 3
contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes and unusually severe weather. But, in every case the failure to perform must be beyond the control and without the fault and negligence of CONTRACTOR. In the event of default, lack of compliance or failure to perform on the part of CONTRACTOR, Agency reserves the right to exercise corrective or remedial actions, to include, but not necessarily be limited to: requesting additional information from CONTRACTOR to determine reasons for or extent of noncompliance or lack of performance; issue a written warning advising CONTRACTOR of deficiency and advising CONTRACTOR that more serious sanctions may be taken if situation is not remedied; advise CONTRACTOR to suspend, discontinue or not incur costs for activities in question; withhold payment for services provided; or advise CONTRACTOR to reimburse Agency for amount of costs incurred for any items determined ineligible. H. Hold Harmless. The CONTRACTOR shall indemnify and hold the Agency and all of its officers and employees, including but not limited to members of the St. Petersburg City Council, harmless from and against all costs, expenses, liabilities, suits, claims, losses, damages, and demands of every kind or nature, by or on behalf of any person or persons whomsoever or whatsoever arising out of or in any manner resulting from or connected with any accident, injury, death or damage which may happen during the time period covered by this agreement for services under the administration and direction of said CONTRACTOR. The CONTRACTOR will defend any actions or suits brought against the Agency by reason of the CONTRACTOR'S failure or neglect in complying with any of the conditions and obligations of this agreement, or any tort liability arising out of actions of the CONTRACTOR or any of its agents or subcontractors. I. Partial Invalidity. Should any section or any part of any section of this agreement be rendered void, invalid or unenforceable by any court of law, for any reason, such a determination shall not render void, invalid, or unenforceable any other section or any part of any section in this agreement. J. Notification. All notices, requests, demands or other communications hereunder shall be in writing and shall be deemed to have been served as of the postmark appearing upon the envelope if sent by the United States mail, at the address listed below, or upon the actual date of delivery if hand delivered to the address listed below. Either party may change the below listed address at which he receives written notices by so notifying the other party hereto in writing. ADDRESS OF CITY: City of St. Petersburg Housing and Community Development Post Office Box 2842 (if mailed) One Fourth Street North 3 rd Floor (if delivered) St. Petersburg, Florida 33731-2842 ADDRESS OF ARCHITECT: ADDRESS OF CONTRACTOR: K. Modifications. No oral agreement or conversation with any officer, agent or employee of the Agency, either before or after execution of this agreement shall affect or modify any of the terms or obligations contained in this agreement. Any such oral agreement or conversation shall be considered as unofficial information and in no way binding upon the Agency. This agreement shall not be modified except in writing by the designated Agency representative. L. HUD Requirements. Unearned payments under this agreement may be suspended or terminated upon refusal to accept any additional conditions that may be imposed by the United States Department of Housing and Urban Development at any time. M. Non-Waiver. No forbearance on the part of either party shall constitute a waiver of any item requiring performance by the other party hereunder. A waiver by one party of the other party's performance shall not constitute a waiver of any subsequent performance required by such other party. No waiver shall be valid unless it is in writing and signed by authorized representatives of both parties. I:\Purchasing\Solicitations - Current\RFQ# 5912 Residential Repairs, NSP Garage and Apartment - 1116 18th Ave. S (910-65)\General Terms Conditions for Construction Bid City Issuing Bid under NSP 2015.doc 4
N. Labor Standards. CONTRACTOR shall abide by and enforce all provisions of the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5), and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) as each applies to construction services provided under this agreement. O. Lead-Based Paint. CONTRACTOR shall comply with the regulations at 24 CFR 570.608 and the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4831(b)) for residential structures constructed or rehabilitated under this agreement. P. Debarred, Suspended or Ineligible Contractors. CONTRACTOR shall not use funds provided by this agreement directly or indirectly to employ, award contracts to or otherwise engage the services of, or fund any contractor or subcontractor during any period of debarment, suspension or placement in ineligibility status under the provisions of 24 CFR Part 24. Q. Construction Bonding and Insurance. All construction contracts or subcontracts more than $150,000 let as the result of this agreement shall include the following requirements: a) a bid guarantee, such as a bid bond or certified check, from each bidder equivalent to five percent of the bid price; b) a performance bond for 100 percent of the contract price; and c) a payment bond for 100 percent of the contract price. All such bonds obtained must be from companies listed in Treasury Circular 570. R. Stored Materials. No payments shall be made to CONTRACTOR for materials purchased and not installed. S. Retainage. A retainage of ten percent (10%) of work completed shall be withheld from each payment request throughout the course of this construction job. The retainage shall be paid upon successful completion and approval of all work by the Agency and the City of St. Petersburg Housing and Community Development Department and upon all building permits having been finaled and closed. T. Change Orders. CONTRACTOR shall ensure that all change orders are approved in writing by the AGENCY and the City of St. Petersburg Housing and Community Development Department prior to performing any change order work. Neither the AGENCY nor the City of St. Petersburg are obligated to pay for work in a change order unless the change order was approved in writing prior to the work being done. U. Warranty. CONTRACTOR shall guarantee the completed construction work, all labor and materials for a period of one (1) year from the date of the Agency's final acceptance of the completed project, said date being that date of the Agency's signature on the final Certification For Payment form. V. Liens and Claims. CONTRACTOR shall furnish the Agency an affidavit and release of lien with each payment request, holding the Agency and the City of St. Petersburg harmless by the subcontractors, laborers and material suppliers for work and/or materials. CONTRACTOR shall furnish with the final pay request a final release of lien from all subcontractors and material suppliers. X. Subcontracting. All requirements of this Contract shall be applicable to any subcontracts entered into under this Contract and it shall be CONTRACTOR'S responsibility to ensure that all requirements are included in said subcontracts and that all subcontractors abide by said requirements. Y. Minority Business Enterprises. CONTRACTOR shall use its best efforts to contract with minorityowned businesses for materials, supplies and construction funded in whole or in part by this agreement. Documentation of contracts with minority-owned businesses and/or best efforts taken shall be provided to Agency upon request. I:\Purchasing\Solicitations - Current\RFQ# 5912 Residential Repairs, NSP Garage and Apartment - 1116 18th Ave. S (910-65)\General Terms Conditions for Construction Bid City Issuing Bid under NSP 2015.doc 5