"INSTRUCTIONS TO BIDDERS"
LCSD - #CS263 Trafalgar Middle School Metal Re-Roof INSTRUCTIONS TO BIDDERS OWNER: The District School Board of Lee County, Florida 2855 Colonial Boulevard Fort Myers, FL 33966 Bid #CS263 Trafalgar Middle School – Metal Re-Roof Trafalgar Middle School 2120 Trafalgar Parkway Cape Coral, FL 33991 PROJECT: LOCATION: DEFINITIONS: a. All definitions set forth in the School Board’s STANDARD FORM OF GENERAL CONDITIONS FOR THE CONSTRUCTION CONTRACT are applicable to these INSTRUCTIONS TO BIDDERS. b. Bidding documents include the ADVERTISEMENT or invitation to bid, INSTRUCTIONS TO BIDDERS, the BID FORM and the proposed CONTRACT documents, including any ADDENDA issued prior to the time specified for receipt of bids by the School Board. c. ADDENDA are written or graphic instruments issued prior to the execution of the contract which modify or interpret the bidding document, including drawings and specifications, by additions, deletions, clarifications or corrections. ADDENDA will become part of the CONTRACT documents when the construction contract is executed. GENERAL REQUIREMENTS: A. Sealed proposals will be received from state certified roofing contractors for the following project: Applicants must possess a Lee County Local Business Tax Receipt (F/K/A Lee County Occupational License) or a Lee County Municipality Tax Receipt for the period of 1 year prior to publication of the advertisement. Bid #CS263 Trafalgar Middle School Re-Roof Bids shall be delivered to the office of the Owner: Reggie Snell Director, Department of Construction Services The School Board of Lee County Support Services Annex Central 3308 Canal Street Fort Myers, FL 33916 (239) 479-4201 Page 1 of 24 B. LCSD - #CS263 Trafalgar Middle School Metal Re-Roof By 10:00 a.m. on Tuesday, August 4, 2009. Proposals shall be sealed in an envelope marked Bid #. Identify the Bidder's name and address on the face of the envelope. No other information shall appear on the exterior of the envelope. It is the bidder’s responsibility to ensure that his bid is received by the Department of Construction Services prior to the opening date and time specified. Any bid received after the opening date and time will be promptly returned to the bidder unopened. The District will not be responsible for bids received late because of delays by a third party delivery service; i.e., U.S. Mail, UPS, Federal Express, etc. Public opening of bids will occur in the Large Conference Room of Support Services Annex at 3308 Canal Street, Fort Myers, FL 33916 immediately after the closing of the bid at 10:00 a.m. on Tuesday, August 4, 2009. All interested parties are invited to attend for the purpose of selecting a contractor for recommendation to the Board. C. All bid proposals shall be on the appropriate Proposal Form, which is included in these Instructions to Bidders and shall be signed by an authorized representative of the company. All quotations shall be typewritten or filled in with pen and ink. Proposals having erasures or corrections MUST be initialed by the bidder in ink. For purpose of evaluation, the bidder must indicate any and all variances from specifications, terms and/or conditions regardless of how slight. If variations are not stated in the bid, it shall be assumed that the product or service fully complies with the specifications, terms and conditions herein. The District reserves the right to: 1) Waive minor variations to specifications, informalities, irregularities and technicalities in any bid; 2) Reject any and all bids in whole or in part with or without cause; 3) And/or to accept bids that in its judgment will be in the best interest of The District. The District further reserves the right to make awards on a multiple, lump sum, low total, or individual item basis; or combination as shall serve the best interest of The District. Upon award of this bid, participating bidders, successful and unsuccessful, shall be notified of the award configuration in writing by the Department of Construction Services. 1) Bidders who are awarded contract(s) resulting from this Invitation To Bid are cautioned not to provide goods or services to any School District site or to any School District employee prior to executing a contract and receiving purchase orders issued by the District’s Department of Procurement Services. 2) Notification of Award is not to be construed as authorization to provide goods or services. 3) The School District is not obligated to pay invoices for the provision of goods or services for which purchase orders have not been issued by The District’s Department of Procurement Services, or invoices resulting from purchase order changes not authorized by the Department of Procurement Services and the Department of Construction Services. Any person who is adversely affected by a decision of the Lee County School District concerning this procurement shall file a Notice of Intent to protest, in writing, within 72 hours after the notice of decision is posted, excluding Saturdays, Sundays, and legal holidays. A formal written protest shall be filed no later than 10 days after the notice of intent to protest is Page 2 of 24 D. E. F. G. LCSD - #CS263 Trafalgar Middle School Metal Re-Roof filed. The formal written protest must be accompanied by a bid protest bond in the amount of $25,000 or 2% of the lowest accepted proposal, whichever is greater. Any person who is adversely affected by the terms, conditions, or specifications set forth in this Instruction to Bidders shall file a notice of intent to protest, in writing, within 72 hours after the solicitation document is posted, excluding Saturdays, Sundays and legal holidays. A formal written protest shall be filed no later than 10 days after the notice of intent to protest is filed. The formal written protest must be accompanied by a bid protest bond in the amount of $25,000. The notice of intent to protest and formal written protest shall be filed with Reggie Snell, Director of Construction Services, 3308 Canal Street, Fort Myers, Florida 33916. The formal written protest shall state with particularity the facts and law upon which the protest is based. Failure to file a written protest or failure to post the bond or other security within the time frames or in the manner described above shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. H. The District reserves the right to terminate any contract resulting from this invitation at any time and for any reason, upon giving seven (7) days prior written notice to the other party. If said contract should be terminated for convenience as provided herein, the District will be relieved of all obligations under said contract. The District will only be required to pay to the vendor that amount of the contract actually performed to the date of termination. All submittals provided with this bid are subject to public disclosure and will not be afforded confidentiality with the exception of “sealed” financial statements, if requested. Bidders are hereby advised that they are not to lobby with any District Personnel or Board Members related to or involved with this bid. All inquiries must be written and directed to the Department of Construction Services. Lobbying is defined as any action taken by an individual, firm, association, joint venture, partnership, syndicate, corporation, and all other groups who seek to influence the governmental decision of a Board Member or District Personnel on the award of this contract. Any bidder or any individuals that lobby on behalf of a bidder will result in rejection/disqualification of said bid. Bidder(s) are required, before submitting their proposal to carefully examine the invitation to bid specifications and to completely familiarize themselves with all of the terms and conditions that are contained within this bid. Ignorance on the part of the bidder(s) will in no way relieve them of any of the obligations and responsibilities which are a part of this bid. I. J. K. SCOPE: Metal re-roof of buildings 100, 400, 700 and 800. BID BOND: A. Each bid must be accompanied by a BID BOND in an amount not less than five percent (5%) of the total amount bid as a guarantee that bidder will not withdraw his bid for a period of sixty (60) days after the receipt of the bids. If awarded the contract, bidder agrees to enter into a written agreement with the Owner satisfactory in form to the Owner. The agreement will Page 3 of 24 LCSD - #CS263 Trafalgar Middle School Metal Re-Roof require evidence of Workmen’s Compensation, Public Liability Insurance, approval of subcontractors by the Owner, and delivery of a PERFORMANCE AND PAYMENT BOND satisfactory to the Owner within ten (10) days after the meeting at which the contract is awarded. No cash deposit shall be accepted in lieu of a bid bond. B. The failure of a successful bidder to execute and to supply the required bonds within ten (10) days after award of the contract, or within such extended period as Owner may grant, shall constitute a default and Owner may either award the contract to the next responsible bidder or re-advertise for bids. The defaulting bidder shall be responsible for the difference between the amount of the contract subsequently awarded and the bid of the defaulting bidder together with all other damages. However, if the total damages exceed the amount of the BID BOND, the defaulting bidder shall be responsible for the amount of the BID BOND only. Bid guarantee will be returned to all except the three low bidders after the bid opening. The remaining guarantees will be returned after the Owner and the accepted bidder have executed an agreement and PAYMENT AND PERFORMANCE BONDS have been approved by the Owner. All bid guarantees shall meet surety requirements as set forth. C. PERFORMANCE AND PAYMENT BOND: Bidder shall furnish Owner with a PERFORMANCE AND PAYMENT BOND that has been recorded in the Public Records of Lee County, Florida in the full amount of the contract price on all jobs of $200,000 or more and such additional amounts as may be required by an increase or change thereof, in form satisfactory to Owner, containing all obligations required by Florida Law and executed by a surety company satisfactory to the Owner and licensed to do business in Florida. A. The performance provisions shall extend as a maintenance guarantee for one year from final payment. The Surety that issues the bonds shall: 1) 2) 3) C. be licensed to do business in Florida; have a policyholder’s rating of “A” or better as listed in the current Best’s Insurance Guide; and have fulfilled all previous obligations to the Owner. B. The bidder shall deliver the required bond to the Owner no later than ten (10) days after the contract is awarded. The performance and payment bond shall be sent to the attention of Nancy Whann at Construction Services, 3308 Canal Street, Fort Myers. FL 33916 after it has been recorded at the Clerk of Courts office located at 1700 Monroe Street, Fort Myers, FL 33901 before work begins on the project. The bidder shall require the attorney-in-fact who executed the required bonds on behalf of the surety to affix thereto a certified and current copy of his power-of-attorney indicating the monetary limitation of such power. D. Page 4 of 24 LCSD - #CS263 Trafalgar Middle School Metal Re-Roof INSURANCE: The Contractor shall secure and maintain for the duration of the contract period the following coverage: A. WORKERS' COMPENSATION: Insurance must cover all employees and meet statutory limits in compliance with applicable state and federal laws. Coverage must include employees' liability with a minimum limit of $500,000 for each accident. COMPREHENSIVE GENERAL LIABILITY: Coverage shall have minimum limits of $1,000,000 per occurrence, combined single limit for bodily injury liability and property damage liability. This shall include premises and operations broad-form property damage; XCU coverage; independent contractors; products and completed operations and contractual liability. BUSINESS AUTO LIABILITY: The contractor and all subcontractors shall maintain automobile liability insurance against bodily injury, accidental death and property damage, in limits of not less than $500,000 per claimant, $1,000,000 per occurrence. Coverage shall be for all vehicles used in connection with the contract, whether owned, non-owned or hired. Contractor shall, at the time of submittal of contract, supply documentation verifying that all liability policies required by this contract are written and backed in full by companies authorized to conduct business in the state of Florida, and rated by A. M. Best Rating Guide as "A" or better. D. E. Umbrella Coverage in an amount of $1,000,000.00. The bidder shall require the attorney-in-fact who executed the required bonds on behalf of the surety to affix thereto a certified and current copy of his power-of-attorney indicating the monetary limitation of such power. B. C. SPECIAL PROVISIONS: A. The School Board of Lee County shall be listed as an additional insured on the certificate of coverage for both the comprehensive general liability and the business auto liability policies. Said certificates of coverage shall be forwarded to Nancy Whann at Construction Services immediately upon contract approval and before the contracted project begins. Current valid insurance policies meeting the requirements herein identified shall be maintained for the duration of the named project. Renewal certificates shall be sent to the School Board 30 days prior to any expiration date. There shall also be a 30-day notification to the School Board in the event of cancellation or modification of any stipulated insurance coverage. Certificates of insurance meeting the required insurance provisions shall be kept on file at the Department of Construction Services of The School Board of Lee County. B. C. Page 5 of 24 LCSD - #CS263 Trafalgar Middle School Metal Re-Roof SALES TAX: The School Board of Lee County is exempt from any taxes. Contractor is responsible for paying all Federal Excise and Florida Sales taxes for this project, and any taxes shall be included in contractor’s bid. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION REQUIREMENTS: The contractor is responsible for compliance with all applicable requirements of the Occupational Safety & Health Administration. (OSHA) PERMITS: The contractor shall be responsible for acquiring all applicable permits, approvals, and inspections. The cost of such permits shall be borne by the owner. INDEMNIFICATION: A. Contractor, in consideration of ten dollars ($10.00), receipt and sufficiency of which is accepted through signing of the Bid Proposal by an authorized party or agent shall hold harmless and defend the School Board, its agents and employees, from any and all claims, causes of action, demands, suits, or other actions, including attorneys' fees and all costs of litigation and judgments of any named and description arising from or incidental to the performance hereunder. This agreement shall not be subject to technical defenses. This provision shall also pertain to any and all claims, causes of action, demands, suits, or other actions brought against the School Board by any employee of the contractor, subcontractor, or anyone directly or indirectly employed by any of them. The contractor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this contract or the contractor's limit of, or lack of, sufficient insurance protection. The first ten dollars ($10.00) of money received on the contract price is considered as payment of this obligation by the School Board. (Reference: F.S.725.06). B. C. REQUIRED SUBMISSIONS A. The Bidder shall complete, and include as a part of the Form of Proposal, the following forms which are contained within this Instructions to Bidders: 1. 2. 3. 4. Criminal Entity Statement; Equal Employment Opportunity Compliance Certificate; Subcontractor/supplier list. Bid bond. DEFAULT OF CONTRACT A. Failure to complete this project within the timeline following shall constitute a breach of contract. The owner will be entitled to liquidated damages of Two Thousand Five hundred Page 6 of 24 LCSD - #CS263 Trafalgar Middle School Metal Re-Roof dollars ($2,500) for each calendar day the work is not completed 180 days from notice to proceed. GENERAL: A. The contractor shall have a supervisor/representative on the work site at all times who shall be thoroughly knowledgeable of all plans, specifications, and other contract documents and who has the authority to act in the contractor's behalf. The contractor may visit the site to familiarize himself with existing conditions prior to the submittal of bids Contractor to field verify all measurements and information.1 All work, upon being awarded, shall be coordinated with the appropriate Department of Construction Services personnel prior to the start of any work on site. 1. Contractor’s personnel shall be aware that all Lee County School District sites are smoke-free areas. The use of tobacco products is prohibited on any property owned by The School Board of Lee County. Contractor’s personnel shall be aware that it is illegal to have in one's possession any firearm or illegal drug on School Board property. The use of tobacco products, illegal drugs, profanity and/or the possession of any firearm will not be tolerated on any School Board property and will result in termination of the contractor’s services. Contractor’s personnel shall have no physical or verbal contact with students or school staff. Construction shall not interfere with the operation of the school, or hinder vehicle or pedestrian traffic into the site. Contractors’ personnel shall be required to comply with Florida Statutes Sections 1012.32, 1012.465, 1012.467 and 1012.468. Please see page 21 for information on fingerprinting and badges. Below is some additional information that may apply to you: If a vendor/consultant requires fingerprinting & badge services please refer them to PrideRock Holding Company, Inc. The address to register for fingerprinting services is http://lee.sofn.net B. C. D. 2. 3. 4. 5. 6. If a vendor/consultant requires re-badge service only. Please refer them to the Professional Standards & Equity Office. Ranice Monroe will provide re-badge services between the hours of 9:00 a.m. – 4:00 p.m. If a vendor/consultant has paid for fingerprinting services through Fingerprinting LLC (prior to PrideRock), they must be fingerprinted and issued a badge at the District office. E. Contractor shall not accept any work directive other than those issued through the Department of Construction Services. Page 7 of 24 LCSD - #CS263 Trafalgar Middle School Metal Re-Roof F. Contractor shall maintain a safe, clean work area and shall promptly remove all trash and debris resulting from his work or presence on the site. FAILURE TO COMPLY WITH ANY OF THE ABOVE PERFORMANCE REQUIREMENTS MAY RESULT IN TERMINATION OF CONTRACT. G. SUBCONTRACTING: A. At the time of bid opening, the contractor shall furnish a list of all subcontractors and suppliers to be used on this project. The contractor shall have three (3) days following notice to proceed to provide license and insurance requirements for all subcontractors to be involved in the project. Any change of subcontractor, supplier or product after the bid is awarded must be submitted to the Director of Construction Services in writing and approved prior to commencing any work. INSPECTION AND PAYMENT: A. All work shall be subject to inspection by the Department of Construction Services prior to final inspection. Request for partial payment shall be reviewed with the contractor prior to submittal for payment. No payment shall be made at any time which exceeds ninety percent (90%) of the contract value of the work done and materials properly stored at the site less the aggregate of previous payments, until final completion and acceptance. No payments made to Contractor nor partial or entire use or occupancy of the project by School District shall be an acceptance of any work or materials not in accordance with the contract drawings and specifications. All payments will be subject to retainage of 10% until work is 50% complete, and retainage of 5% thereafter. WAIVERS OF LIEN: 1. For each payment application, submit waivers of lien from every entity (including Contractor) who could lawfully and possibly file a lien in excess of $100.00 arising out of the Contract or related to work covered by the payment. Submit partial waivers for the amount requested, prior to deduction or retainage, on each item. When the application shows completion of an item, submit final or full waivers. The Owner reserves the right to designate which entities must submit waivers. Waiver Delays: Each progress payment must be submitted with Contractor’s waiver for a period of construction covered by the application. At the Contractor’s option, each progress payment may be submitted with waivers from the subcontractors, or subcontractors and suppliers for the previous period of construction covered by the previous application. The final payment application must be submitted together with, or preceded by final or complete waivers from every entity involved with performance of the work covered by the payment request. B. C. 2. 3. Page 8 of 24 LCSD - #CS263 Trafalgar Middle School Metal Re-Roof 4. Waiver Forms: Submit waivers on the forms appearing at the end of this section, executed in the manner indicated. D. Final payment shall not be made until the School District Project Manager and Architect/Engineer certifies that the project is inspected and accepted by the School District and proof is provided that all other authorities, as required by Florida Law, have been satisfied. At the conclusion of the project after the Contractor and School District Project Manager have made a final inspection and agree that the project is substantially complete with a minimum of punch list items, the Contractor shall notify the Department of Construction Services, by letter, that the project is complete. Before issuance of final pay request, the Contractor shall submit a notarized statement along with pay request to The School Board of Lee County that all payrolls, material bills, and other indebtedness connected with the work have been paid, including final release of liens from all subcontractors and consent from Surety Company if the project is bonded. In case of disputed indebtedness or liens, the Contractor may submit in lieu of evidence of payments a surety bond satisfactory to the Owner guaranteeing payment of all such disputed amounts when adjudicated. Before final payment is made the contractor shall provide an accounting of all costs and payments made under the contract to be audited by the School District’s Accounting Department. E. F. G. CONTRACTS: The contractor will be required to sign a contract with Lee County School District. (Form is available upon request). BID SUBMITTALS The bid envelope shall contain the following and only the following: A. B. C. D. E. Bid Proposal Form (copied onto Bidder’s own letterhead); Criminal Entity Statement; Bid Bond; (No cash deposit) Equal Employment Opportunity Compliance Certificate; and A list of subcontractors and suppliers to be used for this project. Page 9 of 24 LCSD - #CS263 Trafalgar Middle School Metal Re-Roof BID PROPOSAL FORM (Submit in duplicate, copied onto bidder’s letterhead) Date: _________________________ I acknowledge receipt of the Bidding Documents entitled Bid #CS263 Trafalgar Middle School Metal Re-Roof as bound herein. I have read, understand, and agree to comply with all conditions as specified herein. I acknowledge receipt of addenda Nos. __________, ___________, __________. Having carefully examined the bidding documents and addenda as well as examined the existing site conditions, the undersigned proposes to furnish all services, labor, material, equipment and taxes in accord with said documents for a base bid for the lump sum of: A. Base Bid # CS263 Trafalgar Middle S DOLLARS ($ ) The owner reserves the right to waive any irregularities in the bidding process and to reject any or all bids submitted. . Signature Typed/Printed Name Title Contractor License Number Company Name Address City, State, Zip Phone Fax Required attachments: Bid Proposal Form (copied onto Bidder’s own letterhead); Criminal Entity Statement; Bid Bond; (No cash deposit) Equal Employment Opportunity Compliance Certificate; and A list of subcontractors and suppliers to be used for this project Page 10 of 24 LCSD - #CS263 Trafalgar Middle School Metal Re-Roof EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE The undersigned contractor hereby certifies to The School Board of Lee County that so long as it holds a contract with the School Board in excess of $10,000 it shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or other illegal basis, and that it shall abide by all applicable state and federal laws and guidelines regarding equal employment opportunity and affirmative action. Executed this___________day of ______________________________, 20_________ ________________________________ Firm/Company Name ________________________________ Signature of Authorized Representative ________________________________ Print/Type Name of Authorized Representative ________________________________ Title of Authorized Representative Page 11 of 24 SWORN STATEMENT UNDER SECTION 287.133(3)(A), FLORIDA STATUTES, PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Contract No.__________________ for ________________________________________. This sworn statement is submitted by __________________________________ (Name of entity submitting sworn statement) whose business address is _____________________________________________________ and (if applicable) its Federal Employer Identification Number (FEIN) is _________________________. If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement:___________________________. My name is ________________________________________________ and my relationship to the _________________________________ (please print name of individual signing) entity name above is ______________________________. I understand that a “public entity crime” as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. I understand that “convicted” or “conviction” as defined in Paragraph 287.133(1)(b), Florida Statutes, means a violation of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. I understand that an “affiliate” as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. as entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term “affiliate” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm’s length agreement, shall be a prima facie case that one person controls another person. A person who 2. 3. 4. 5. 6. knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a “person” as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term “person” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) _____ Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, not any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. _____ The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) _____The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) ______________________________________________ (Signature) Date:_________________________________________ STATE OF_______________________________ COUNTY OF _____________________________ ____________________________________APPEARED IN PERSON BEFORE ME (the undersigned authority), who is personally known to me or provided the following identification _________________________, and affixed his/her signature in the space provided above on this _______ day of _______________, 20_____. 8. _____________________________________________________ NOTARY PUBLIC My commission expires: Form PUR 7068 (Rev. 11/89) LIST OF SUBCONTRACTORS NOTE: This form shall be submitted prior to the issuance of the project Notice to Proceed by the Owner. If, due to Alternate Bids, more than one subcontractor must be considered, Contractor shall list each and state which is to be considered with the Base Bid and which to consider if a specific alternative is to be accepted. The Contractor shall list the sub-contractor who will actually complete the listed work item. The contractor acknowledges by submission of his bid that sub-contractors listed shall not be revised. ALL blank spaces shall be filled with the name of the entity completing the listed work item. (If a General Contractor is listed, the work shall be completed with forces on the General Contractors payroll and under the current State of Florida and Local licenses required). All Subcontractors are subject to approval of the Owner. The following are the subcontractors, subject to the Owner’s approval, to be used in connection with the work. CORPORATE NAME AND ADDRESS PRINCIPAL OR OFFICER’S NAME DIVISION OF WORK ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ ___________________ Name of Contractor Signed by CGC Certificate # THE SCHOOL BOARD OF LEE COUNTY, FLORIDA STANDARD FORM OF BID BOND KNOWN ALL MEN BY THESE PRESENTS, that we_________________________ __________________________________________________________________ as Surety, are held and firmly bound unto The School Board of Lee County, Florida, as Obligee, in the penal sum of ________________________________________________Dollars ($_____________________) lawful money of the United States, for the Payment of which sum well and truly to be made, we bind ourselves, our heirs, executors administrators, successors and assigns, jointly and severally, firmly by these presents, WHEREAS THE PRINCIPAL has submitted his bid for the construction project known as ______________________________________________________________________________ ______________________________________________________________________________ NOW THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and Sealed this __________________ day of _______________________A.D. 20______ __________________________________________ __________________________________________________ (Witness) (Principal) (Seal) __________________________________________________ (Title) _________________________________________ (Witness) __________________________________________________ (Surety) (Seal) __________________________________________________ (Attorney-in-Fact) THE SCHOOL BOARD OF LEE COUNTY, FLORIDA CONTRACTOR'S PERFORMANCE AND PAYMENT BOND (PUBLIC CONSTRUCTION BOND) Bond No. BY THIS BOND, We, whose principal business address is as PRINCIPAL, and a corporation duly authorized to transact business in the State of Florida, whose business address is as SURETY, are held and firmly bound to THE SCHOOL BOARD OF LEE COUNTY, FLORIDA, whose address is 2855 Colonial Boulevard, "OWNER", in the Sum of Fort Myers, Florida, 33966, hereinafter called Dollars, U.S. ($ ) for the payment of which we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS BOND is that if PRINCIPAL: A. Performs the construction contract dated _______________________ between PRINCIPAL and OWNER at the times and in the manner prescribed in the Contract, which includes all addenda thereto and Plans and Specifications and other Contract Documents and addenda pertaining thereto, and in all respects complies with the terms and conditions of said Contract which is incorporated herein by reference and made a part hereof as if fully contained herein, for the construction of the following improvements on property of the OWNER situated in Lee County, Florida: ; and further B. C. D. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying PRINCIPAL with labor, materials, equipment, tools or supplies, used directly or indirectly by PRINCIPAL in the prosecution of the work provided for in the Contract; and Indemnifies and holds OWNER harmless from, and pays OWNER for, all losses, damages, expenses, costs, engineering fees, architectural fees and attorney's fees, including appellate proceedings, that OWNER sustains or which may be imposed upon it because of default by PRINCIPAL under the Contract, including the payment by OWNER at its option of laborers, materials men, subcontractors, engineers or architects incurred in the making good of such default; and Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this Bond is void; otherwise it remains in full force and the PRINCIPAL and SURETY jointly and severally agree to repay to and reimburse to OWNER, promptly upon demand, all sums of money, including attorney's fees, architects fees, engineering fees and other professional service fees, and any damages, direct or indirect, or consequential, reasonably incurred, paid out or expended by the OWNER on account of the failure or refusal of the PRINCIPAL to carry out, do, perform or comply with any of the terms and provisions of said Contract at the time and in the manner therein provided, or any of the other terms and conditions of this Bond. And whenever PRINCIPAL shall be, and declared by OWNER to be, in default under the Contract, the OWNER having performed OWNER'S obligations there under, the SURETY may promptly remedy the default, or shall promptly 1. 2. Complete the Contract in accordance with its terms and conditions, or Obtain a bids or bids for submission to the OWNER for completing the Contract in accordance with its terms and conditions and upon determination by OWNER and SURETY of the lowest responsible bidder, arrange for a contract between such bidder and OWNER, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay cost of completion less the balance of the Contract price. The term "balance of the Contract price", as used in this paragraph, shall mean the total amount payable by OWNER to PRINCIPAL under the Contract and any amendments thereto, less amounts properly paid by or still due from OWNER to PRINCIPAL. Any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect SURETY'S obligation under this Bond. This is a Public Construction Bond and in addition to the protections provided to the OWNER it provides a CLAIMANT as defined in Florida Statutes 255.05(1), whose claim derives directly or indirectly from the providing of labor, materials or supplies in the prosecution of the work provided for in the Contract, with certain rights. Section 255.05(2), Florida Statutes, also imposes certain NOTICE REQUIREMENTS and TIME LIMITATIONS on the CLAIMANT as a condition for recovery under this Bond. The PRINCIPAL, before commencing the work under the Contract, is required by Florida Statutes, Section 255.05(1)(a) to have this Bond fully executed, delivered to the OWNER, and recorded in the public records of Lee County, Florida. IN WITNESS WHEREOF the PRINCIPAL and SURETY, by authorized representatives, have affixed their signatures and seals. DATED ON (Type Name of Principal) , 20 (Type Address) By President or Vice President (Type Name of Bonding Company) Local Agent/Attorney In Fact For Bonding Company Address Address Phone By: President or Vice President Phone Signature (Company Name and address) WAIVER OF RIGHT TO CLAIM AGAINST THE PAYMENT BOND (PROGRESS PAYMENT) The undersigned, in consideration of the sum $_________________________ hereby waves its right to claim against the payment bond for labor, services, or materials furnished through ____________________________________ to (Date) ______________________________________________________ on the job of (Owner) (Name of Owner) for the improvements to the following described property: Trafalgar Middle School 2120 Trafalgar Parkway Cape Coral, FL 33991 This waiver and release does not cover any retention or labor, services, or materials furnished after the date specified. Dated this ________ day of ___________________________, _________________________________ (Company) Signed: (Authorized Representative) Printed Name & Title: ____________________________________ STATE OF FLORIDA COUNTY OF LEE The foregoing instrument was acknowledged before me this ________ day of _______________________________ by ________________________________ (Name of person who signed above) of ________________________________________________, who is personally (Name of company acknowledging) known to me or has produced _________________________as identification. My commission expires: _________________________________________ Notary Public _________________________________________ Printed Name Effective October 1, 2007 School District of Lee County Vendor Fingerprinting COST $72.25/Fingerprinting Cost (Price includes $56.25 for fingerprints, $10 for badge, and $6 for processing fees) LOCATIONS Pack & Send 8595 College Parkway Fort Myers, FL 33919 Phone: (239) 433-0747 Days: Monday-Saturday Times: 8:00 a.m.-5:00 p.m. (M-F) 10:00 a.m.-4:00 p.m. (Sat.) UPS Store 8805 Tamiami Trail Naples, FL 34108 Phone: (239) 597-9221 Days: Monday-Saturday Times: 8:00 a.m.-5:00 p.m. (M-F) 10:00 a.m.-4:00 p.m. (Sat) Vendors must register on line to schedule fingerprints and choose your method of payment (credit card or money order). If you are having trouble logging on to the site, please contact Christine Copeland 239-337-8659 Register at http://lee.sofn.net