2276 PBA 20/21-05 Boulevard Contractors Corp piggyback w/Sem CoC
;�TY 01
FINANCE DEPARTMENT
PURCHASING DEPARTMENT
CI
CANNED q,?169
TRANsMITTAL MEMORANDUM
TO: City Clerk/Mayor Izz7
RE: PBA 20/21-05 Construction, Renovation, Repair and Alteration Services
The item(s) noted below is/are attached and forwarded to your office for the following action(s):
❑
Development Order
F-1
Mayor's signature
F-1
Final Plat (original mylars)
❑
Recording
❑
Letter of Credit
❑
Rendering
❑
Maintenance Bond
Safe keeping (Vault)
❑
Ordinance
❑
Deputy City Manager
❑
Performance Bond
❑
Payment Bond
❑
Resolution
❑
City Manager Signature
City Clerk Attest/Signature
❑
City Attorney/Signature
Once completed, please:
❑ Return originals to Purchasing- Department
❑ Return copies
0
Special Instructions: Piggyback with Seminole County, under 50k and will not need to
Commission approval
From
SbarePoint—Finance—Purebasing_yorms - 2018.doc
11/1712020
Date
Boulevard Contractors Corp. Piggyback Contract (PBA 20/21-05)
(Construction, Renovation, Repair And Alteration Services)
The City of Sanford ("City") enters this "Piggyback" Contract with Boulevard
Contractors Corp., a Maryland corporation (hereinafter referred to as the "Vendor"),
whose principal address is 10451 Mill Run Circle, Suite 1005, Owings Mills, Maryland
21117, under the terms and conditions hereinafter provided. The City and the Vendor
agree as follows:
(1). The Purchasing Policy for the City of Sanford allows for "piggybacking"
contracts. Pursuant to this procedure, the City is allowed to piggyback an existing
government contract, and there is no need to obtain formal or informal quotations,
proposals or bids. The parties agree that the Vendor has entered a contract with the
government of Seminole County, Florida, said contract being identified as "Term
Contract For Various Minor Construction, Renovation, Repair And Alteration Services
Of Structural And Non -Structural Projects With A Value Lesser (sic) Than $100K
Each (IFB-603836-20/BJC) ", as may have been amended, in order for the Vendor to
provide goods and services relating to the City's need for Construction, renovation,
repair and alteration services of structural and non-structural projects with a value of
less than $100,000.00 (said original contract being referred to as the "original
government contract" which is based upon procurement activity conditions).
(2). The original government contract documents are incorporated herein by
reference and attached as Exhibit "A" to this Contract. All of the terms and conditions
set out in the original government contract are fully binding on the parties and said
terms and conditions are incorporated herein; provided, however, that the City will
11 P a g e
negotiate and enter work orders/purchase orders with the Vendor in accordance with
City policies and procedures for particular goods and services.
(3). Notwithstanding the requirement that the original government contract
is fully binding on the parties, the parties have agreed to modify certain technical
provisions of the original government contract as applied to this Contract between
the Vendor and the City, as follows:
N/A.
(a). Time Period ("Term") of this Contract: (state N/A if this is not applicable).
(b). Insurance Requirements of this Contract: (state N/A if this is not
applicable). N/A.
(c). Notwithstanding anything in the original government contract to the
contrary, the City's terms and conditions relating to the issuance of purchase orders
or work orders, or referenced in such documents, shall prevail over any inconsistent
provisions of the original government contract.
(d). Address change for the City: Notwithstanding the address and contact
information for the government entity as set out in the original government contract, the
Vendor agrees that he/she/it shall send notices, invoices and shall conduct all business
with the City to the attention of City Manager, at: City of Sanford, 300 North Park Avenue;
Sanford, Florida 32771. The City Manager's designated representative for this Contract
is Marisol Ordohez, Purchasing Manager, Finance -Purchasing Division, 300 North Park
Avenue; Sanford, Florida 32771, telephone number (407) 688-5028 and whose e-mail
address is Marisol.ordonez@sanfordfl.gov.
2 1 P a g e
(e). Notwithstanding anything in the original government contract to the
contrary, the venue of any dispute will be in Seminole County, Florida. Litigation between
the parties arising out of this Contract shall be in Seminole County, Florida in the Court
of appropriate jurisdiction. The law of Florida shall control any dispute between the parties
arising out of or related to this Contract, the performance thereof or any products or
services delivered pursuant to such Contract.
(f). Notwithstanding any other provision in the original government contract to
the contrary, there shall be no arbitration with respect to any dispute between the parties
arising out of this Contract. Dispute resolution shall be through voluntary and non-binding
mediation, negotiation or litigation in the court of appropriate jurisdiction in Seminole
County, Florida, with the parties bearing the costs of their own legal fees with respect to
any dispute resolution, including litigation.
(g). Notwithstanding any other provision in the original government contract to
the contrary, the Vendor shall provide the City with most favored nation pricing.
(h). All the services to be provided or performed shall be in conformance with
commonly accepted industry and professional codes and standards, standards of the
City, and the laws of any Federal, State or local regulatory agency.
(i). Public Records Requirements.
(1). IF THE CONTRACTOR/VENDOR HAS
QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO THE CONTRACTOR'S
(VENDOR'S) DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE
3_)
P a g e
CUSTODIAN OF PUBLIC RECORDS AT (407) 688-50121
SANFORD, CITY HALL, 300 NORTH PARK AVENUE,
SANFORD, FLORIDA 327711
(11). In order to comply with Section 119.0701, Florida Statutes,
public records laws, the Vendor must:
(A). Keep and maintain public records that ordinarily and
necessarily would be required by the City in order to perform the
service.
(13). Provide the public with access to public records on the
same terms and conditions that the City would provide the records
and at a cost that does not exceed the cost provided in Chapter
119, Florida Statutes, or as otherwise provided bylaw.
(C). Ensure that public records that are exempt or
confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law.
(D).Meet all requirements for retaining public records and
transfer, at no cost, to the City all public records in possession of
the Vendor upon termination of this Contract and destroy any
duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. All records stored
4 J P a g e
N
electronically must be provided to the City in a format that is
compatible with the information technology systems of the City.
(111). If the Vendor does not comply with a public records
request, the City shall enforce the provisions of this Contract in
accordance with the terms and conditions of this Contract.
(IV). Failure by the Vendor to grant such public access and
comply with public records requests shall be grounds for immediate
unilateral cancellation of this Agreement by the City. The Vendor shall
promptly provide the City with a copy of any request to inspect or copy
public records in possession of the Vendor and shall promptly provide
the City with a copy of the Vendor's response to each such request.
0). All other provisions in the original government contract are fully binding on
the parties and will represent the agreement between the City and the Vendor.
Entered on the last date of a signatory hereto as set forth below.
Attest:
Sara Pate�
Secretary
Attest:
Boulevard Contractors Corp., a
Maryland corporation.
By:
Javed Pat�
President Diect r
Date: 10 f -1 1 ILO —4
City Of
IL
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Traci Houchin, City Clerk, MMC, FCRM P
Approy%qa
_ sjo form and legal
�bert City Attbrw
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51 Page
Exhibit "A"
[Attach original government contract documents]
6Page
TERM CONTRACT FOR VARIOUS MINOR CONSTRUCTION, RENOVATION,
REPAIR, AND ALTERATION OF STRUCTURAL AND NON-STRUCTURAL
PROJECTS WITH A VALUE LESSER THAN $100K EACH
(IFB-603836-20BJC)
THIS AGREEMENT is dated as of the day of 20 , by and
between BOULEVARD CONTRACTORS CORP., duly authorized to conduct business in the
State of Florida, whose principal address is 10451 Mill Run Circle, Suite 1005, Owings Mills,
Maryland 21117, in this Agreement referred to as "CONTRACTOR", and SEMINOLE
COUNTY, a charter county and political subdivision of the State of Florida, whose address is
Seminole County Services Building, 1101 E. V Street, Sanford, Florida 32771, in this Agreement
referred to as "COUNTY".
WITNESSETH:
WHEREAS, COUNTY desires to retain the services of a competent and qualified
contractor to provide various minor construction, renovation, repair, and alteration of structural
and non-structural projects with a value lesser than $100K each for Seminole County; and
WHEREAS, COUNTY has requested and received expressions of interest for the retention
of services of contractors; and
WHEREAS, CONTRACTOR is competent and qualified to provide materials and
services to COUNTY and desires to provide materials and services according to the terms and
conditions stated in this Agreement,
NOW, THEREFORE, in consideration of the mutual understandings and covenants set
forth in this Agreement, COUNTY and CONTRACTOR agree as follows:
Section 1. Materials and Services. COUNTY hereby retains CONTRACTOR to provide
materials and services as further described in the Scope of Services attached as Exhibit A and made
Term Contract for Various Minor Construction, Renovation, Repair, and Alteratiot�
of Structural and Non -Structural Projects with a Value less "Eff9d Y t%RANT MALOY
(IFB-603836-20/BJC) CLERK 03F�iRCUITCOURT
Page 1 of 21 AND COMPTROLLER
SEMIN E COUNTYff}LORIDA
eY .�•t - ��''r -'�bEPUTY CLERK
a part of this Agreement. CONTRACTOR is also bound by all requirements as contained in the
solicitation package, all addenda to this package, and CONTRACTOR's submission in response to
this solicitation. Required materials and services will be specifically enumerated, described, and
depicted in the Purchase Orders authorizing purchase of specific materials and services. This
Agreement standing alone does not authorize the purchase of materials and services or require
COUNTY to place any orders for work.
Section 2. Term. This Agreement takes effect on the date of its execution by COUNTY
and continues for a period of three (3) years. At the sole option of COUNTY, this Agreement may
be renewed for two (2) successive periods not to exceed one (1) year each. Expiration of the term
of this Agreement will have no effect upon Purchase Orders issued pursuant to this Agreement and
prior to the expiration date. Obligations entered by both parties under such Purchase Orders will
remain in effect until delivery and acceptance of the materials authorized by the respective
Purchase Order. The first three (3) months of the initial term are considered probationary. During
the probationary period, COUNTY may immediately terminate this Agreement at any time, with
or without cause, upon written notice to CONTRACTOR
Section 3. Authorization for Materials and Services. Authorization for provision of
materials and services by CONTRACTOR under this Agreement must be in the form of written
Purchase Orders issued and executed by COUNTY. A sample Purchase Order is attached as
Exhibit B. Each Purchase Order will describe the materials and services required, state the dates
for delivery of materials and services, and establish the amount and method of payment. The
Purchase Orders must be issued under and incorporate the terms of this Agreement. COUNTY
makes no covenant or promise as to the number of available Purchase Orders or that
CONTRACTOR will perform any Purchase Order for COUNTY during the life of this Agreement.
Term Contract for Various Minor Construction, Renovation, Repair, and Alteration
of Structural and Non -Structural Projects with a Value less than $100K Each
(IFB-603836-20BJC)
Page 2 of 21
COUNTY reserves the right to contract with other parties for the services contemplated by this
Agreement when it is determined by COUNTY to be in the best interest of COUNTY to do so.
Section 4. Time for Completion. The materials and services to be provided by
CONTRACTOR will be delivered, as specified in such Purchase Orders as may be issued under
this Agreement, within the time specified in the Purchase Order.
Section 5. Compensation. COUNTY shall compensate CONTRACTOR for the materials
and services provided for under this Agreement on a Fixed Fee basis at the rates as outlined in
Exhibit C. When a Purchase Order is issued on a Fixed Fee basis, then the applicable Purchase
Order Fixed Fee amount will include any and all reimbursable expenses and will be based on the
unit pricing attached to this Agreement, or as reduced in the quoting process leading to specific
Purchase Orders.
Section 6. Payment and Billing.
(a) CONTRACTOR shall supply all materials and services required by the Purchase
Order, but in no event will CONTRACTOR be paid more than the negotiated Fixed Fee amount
stated within each Purchase Order.
(b) For Purchase Orders issued on a Fixed Fee basis, CONTRACTOR may invoice the
amount due based on the percentage of total Purchase Order materials and services actually
provided, but in no event may the invoice amount exceed a percentage of the Fixed Fee amount
equal to a percentage of the total services actually completed.
(c) COUNTY shall make payments to CONTRACTOR when requested as materials
and services are provided, but not more than once monthly. Each Purchase Order must be invoiced
separately. At the close of each calendar month, CONTRACTOR shall render to COUNTY an
itemized invoice, properly dated, describing any materials and services provided, the cost of the
Term Contract for Various Minor Construction, Renovation, Repair, and Alteration
of Structural and Non -Structural Projects with a Value less than $100KEach
(IFB-603836-20BJC)
Page 3 of 21
materials and services provided, the name and address of CONTRACTOR, Purchase Order
Number, Contract Number, and any other information required by this Agreement.
(d) The original invoice must be sent to:
Director of County Comptroller's Office
Seminole County Board of County Commissioners
Post Office Box 8080
Sanford, FL 32772-8080
A copy of the invoice must be sent to:
Seminole County Fleet and Facilities Management Division
205 W. County Home Road
Sanford, FL 32773
(e) Upon review and approval of CONTRACTOR's invoice, COUNTY shall pay
,CONTRACTOR the approved amount in accordance with the terms as set forth in Chapter 218,
Part VII, Florida Statutes.
Section 7. General Terms of Payment and Billing.
(a) Upon satisfactory delivery of materials and services required under this Agreement
and upon acceptance of the materials and services by COUNTY, CONTRACTOR may invoice
COUNTY for the full amount of compensation provided for under the terms of this Agreement
less any amount already paid by COUNTY. Upon review and approval of CONTRACTOR's
invoice, COUNTY will, in accordance with the terms as set forth in Chapter 218, Part VII, Florida
Statutes, pay CONTRACTOR the approved amount.
(b) COUNTY may perform or have performed an audit of the records of
CONTRACTOR at any time during the term of this Agreement and after final payment to support
final payment under this Agreement. Audits may be performed at a time mutually agreeable to
CONTRACTOR and COUNTY. Total compensation to CONTRACTOR may be determined
Term Contract for Various Minor Construction, Renovation, Repair, and Alteration
of Structural and Non -Structural Projects with a Value less than $100K Each
(IFB-603836-20BJC)
Page 4 of 21
subsequent to an audit as provided for in this Section and the total compensation so determined
will be used to calculate final payment to CONTRACTOR. Performance of this audit will not
delay final payment as provided by subsection (a) of this Section.
(c) CONTRACTOR shall maintain all books, documents, papers, accounting records,
and other evidence pertaining to materials and services provided under this Agreement in such a
manner as will readily conform to the terms of this Agreement. CONTRACTOR shall make such
materials available at CONTRACTOR's office at all reasonable times during the term of this
Agreement and for five (5) years from the date of final payment under the contract for audit or
inspection as provided for in subsection (b) of this Section.
(d) In the event any audit or inspection conducted after final payment but within the
period provided in paragraph (c) of this Section reveals any overpayment by COUNTY under the
terms of the Agreement, CONTRACTOR shall refund such overpayment to COUNTY within
thirty (30) days of notice by COUNTY.
Section 8. No Waiver by Forbearance. COUNTY's review of, approval and acceptance
of, or payment for the materials or services required under this Agreement does not operate as a waiver
of any rights under this Agreement, or of any cause of action arising out of the performance of this
Agreement. CONTRACTOR is and will always remain liable to COUNTY in accordance with
applicable law for any and all damages to COUNTY caused by CONTRACTOR's negligent or
wrongful provision of any of the materials or services provided under this Agreement.
Section 9. Termination.
(a) COUNTY may, by written notice to CONTRACTOR, terminate this Agreement or
any Purchase Order issued under this Agreement, in whole or in part, at any time, either for
COUNTY's convenience or because of the failure of CONTRACTOR to fulfill its obligations
Term Contract for Various Minor Construction, Renovation, Repair, and Alteration
of Structural and Non -Structural Projects with a Value less than $100K Each
(IFB-603836-20/BJC)
Page 5 of 21
under this Agreement. Upon receipt of such notice, CONTRACTOR shall immediately
discontinue all services affected, unless the notice directs otherwise, and deliver to COUNTY all
data, drawings, specifications, reports, estimates, summaries, and any and all such other
information and materials of whatever type or nature as may have been accumulated by
CONTRACTOR in performing this Agreement, whether completed or in process.
(b) If the termination is for the convenience of COUNTY, CONTRACTOR will be
paid compensation for services performed to the date of termination.
(c) If the termination is due to the failure of CONTRACTOR to fulfill its obligations
under this Agreement, COUNTY may take over the work and carry it to completion by other
agreements or otherwise. In such case, CONTRACTOR will be liable to COUNTY for all
reasonable additional costs associated with CONTRACTOR's failure to fulfill its obligations
under this Agreement.
(d) CONTRACTOR will not be liable for such additional costs if the failure to perform
the Agreement arises without any fault or negligence of CONTRACTOR, but CONTRACTOR
will be responsible and liable for the actions by its subcontractors, agents, employees, persons, and
entities of a similar type or nature. Matters beyond the fault or negligence of CONTRACTOR
include acts of God or of the public enemy, acts of COUNTY in its sovereign or contractual
capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually
severe weather, but in every case the failure to perform must be beyond the control and without
any fault or negligence of CONTRACTOR.
(e) If after notice of termination for CONTRACTOR's failure to fulfill its obligations
under this Agreement it is determined that CONTRACTOR had not so failed, the termination will
Term Contract for Various Minor Construction, Renovation, Repair, and Alteration
of Structural and Non -Structural Projects with a Value less than $IOOK Each
(IFB-603836-20BJC)
Page 6 of 21
be conclusively deemed to have been effected for the convenience of COUNTY. In such event,
adjustment in the Agreement price will be made as provided in subsection (b) of this Section.
(f) The rights and remedies of COUNTY provided for in this Section are in addition
and supplemental to any and all other rights and remedies provided by law or under this
Agreement.
Section 10. Conflict with Contract Documents. Wherever the terms of this Agreement
conflict with any Purchase Order issued pursuant to it or any other contract documents, including
proposals submitted by CONTRACTOR, this Agreement will prevail. For the avoidance of doubt,
proposals and any other documents submitted by CONTRACTOR are not incorporated into this
Agreement, unless expressly stated otherwise.
Section 11. Equal Opportunity Employment. CONTRACTOR shall not discriminate
against any employee or applicant for employment for work under this Agreement because of race,
color, religion, sex, age, disability, or national origin. CONTRACTOR shall take steps to ensure
that applicants are employed and employees are treated during employment without regard to race,
color, religion, sex, age, disability, or national origin. This provision includes, but is not limited
to the following: employment, upgrading, demotion or transfer, recruitment advertising, layoff or
termination, rates of pay or other forms of compensation and selection for training including
apprenticeship.
Section 12. No Contingent Fees. CONTRACTOR warrants that it has not employed or
retained any company or person other than a bona fide employee working solely for
CONTRACTOR to solicit or secure this Agreement and that it has not paid or agreed to pay any
person, company, corporation, individual, or firm, other than a bona fide employee working solely
for CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon
Term Contract for Various Minor Construction, Renovation, Repair, and Alteration
of Structural and Non -Structural Projects with a Value less than $100K Each
(IFB-603836-20/BJC)
Page 7 of 21
or resulting from award or making of this Agreement. For the breach or violation of this provision,
COUNTY will have the right to terminate the Agreement at its sole discretion without liability and
to deduct from the Agreement price or otherwise recover the full amount of such fee, commission,
percentage, gift, or consideration.
Section 13. Conflict of Interest.
(a) CONTRACTOR shall not engage in any action that would create a conflict of
interest in the performance of its obligations pursuant to this Agreement with COUNTY or violate
or cause others to violate the provisions of Chapter 112, Part III, Florida Statutes, relating to ethics
in government.
(b) CONTRACTOR hereby certifies that no officer, agent, or employee of COUNTY
has any material interest (as defined in Section 112.312(15), Florida Statutes, as over 5%), either
directly or indirectly, in the business of CONTRACTOR to be conducted under this Agreement
and that no such person will have any such interest at any time during the term of this Agreement.
Section 14. Assignment. Neither this Agreement nor any interest in it may be assigned,
transferred, or otherwise encumbered under any circumstances by either party without prior written
consent of the other party and in such cases only by a document of equal dignity with this
Agreement.
Section 15. Subcontractors. CONTRACTOR shall first secure the prior written approval
of COUNTY before engaging or contracting for the services of any subcontractors under this
Agreement. CONTRACTOR will remain fully responsible to COUNTY for the services of any
subcontractors under this Agreement.
Section 16. Indemnification of COUNTY. To the fullest extent permitted by law,
CONTRACTOR shall hold harmless, release, and indemnify COUNTY, its commissioners,
Term Contract for Various Minor Construction, Renovation, Repair, and Alteration
of Structural and Non -Structural Projects with a Value less than S 100K Each
(IFB-603836-20/BJC)
Page 8 of 21
officers, employees, and agents from any and all claims, losses, damages, costs, attorney fees, and
lawsuits for damages arising from, allegedly arising from, or related to CONTRACTOR's
provision of materials or services under this Agreement caused by CONTRACTOR's act or
omission in the performance of this Agreement.
Section 17. Insurance.
(a) General. CONTRACTOR shall procure and maintain insurance required under this
Section at CONTRACTOR's own cost.
(1) CONTRACTOR shall provide COUNTY with a Certificate of Insurance on
a current ACORD Form signed by an authorized representative of the insurer evidencing the
insurance required by this Section (Professional Liability, Workers' Compensation/Employer's
Liability, Commercial General Liability, and Business Auto). The Certificate must have the
Agreement number for this Agreement clearly marked on its face. COUNTY, its officials,
officers, and employees must be named additional insureds under the Commercial General
Liability, Umbrella Liability and Business Auto policies. If the policy provides for a blanket
additional insured coverage, CONTRACTOR shall provide a copy of the section of the policy
along with the Certificate of Insurance. If the coverage does not exist, the policy must be endorsed
to include the named additional insureds as described in this subsection. The Certificate of
Insurance must provide that COUNTY will be provided, by policy endorsement, not less than
thirty (30) days written notice prior to the cancellation or non -renewal, or by a method acceptable
to COUNTY. Until such time as the insurance is no longer required to be maintained by
CONTRACTOR, CONTRACTOR shall provide COUNTY with a renewal or replacement
Certificate of Insurance before expiration or replacement of the insurance for which a previous
Certificate of Insurance has been provided.
Term Contract for Various Minor Construction, Renovation, Repair, and Alteration
of Structural and Non -Structural Projects with a Value less than $100K Each
(TFB-603836-20BJC)
Page 9 of 21
(2) In addition to providing the Certificate of Insurance on a current ACORD
Form, upon request as required by COUNTY, CONTRACTOR shall provide COUNTY with a
certified copy of each of the policies of insurance providing the coverage required by this Section
within thirty (30) days after receipt of the request. Certified copies of policies may only be
provided by the insurer, not the agent or broker.
(3) Neither approval by COUNTY nor failure to disapprove the insurance
provided by CONTRACTOR will relieve CONTRACTOR of its full responsibility for
performance of any obligation, including its indemnification of COUNTY, under this Agreement.
(b) Insurance Company Requirements. Insurance companies providing the insurance
under this Agreement must meet the following requirements:
(1) Companies issuing policies must be authorized to conduct business in the
State of Florida and prove such authorization by maintaining Certificates of Authority or Letters
of Eligibility issued to the companies by the Florida Office of Insurance Regulation. Alternatively,
policies required by this Agreement for Workers' Compensation/Employer's Liability, may be
those authorized as a group self -insurer by Section 624.4621, Florida Statutes.
(2) In addition, such companies must have and maintain, at a minimum, a Best's
Rating of "A-" and a minimum Financial Size Category of "VII" according to A.M. Best Company.
(3) I> during the period that an insurance company is providing the insurance
coverage required by this Agreement, an insurance company (i) loses its Certificate of Authority,
or (ii) fails to maintain the requisite Best's Rating and Financial Size Category, the
CONTRACTOR shall immediately notify COUNTY as soon as CONTRACTOR has knowledge
of any such circumstance and immediately replace the insurance coverage provided by the
insurance company with a different insurance company meeting the requirements of this
Term Contract for Various Minor Construction, Renovation, Repair, and Alteration
of Structural and Non -Structural Projects with a Value less than $100K Each
(EFB-603836-20/BJC)
Page 10 of 21
Agreement. Until such time as CONTRACTOR has replaced the unacceptable insurer with an
insurer acceptable to COUNTY, CONTRACTOR will be deemed to be in default of this
Agreement.
(c) Specifications. Without limiting any of the other obligations or liability of
CONTRACTOR, CONTRACTOR shall procure, maintain, and keep in force amounts and types
of insurance conforming to the minimum requirements set forth in this subsection, at
CONTRACTOR's sole expense. Except as otherwise specified in this Agreement, the insurance
will become effective upon execution of this Agreement by CONTRACTOR and must be
maintained in force until the expiration of this Agreement's term or the expiration of all Orders
issued under this Agreement, whichever comes last. Failure by CONTRACTOR to maintain this
required insurance coverage within the stated period will constitute a material breach of this
Agreement, for which COUNTY may immediately terminate this Agreement. The amounts and
types of insurance must conform to the following minimum requirements:
(1) Workers' Compensation/Employer's Liability.
(A) CONTRACTOR's insurance must cover it for liability that would
be covered by the latest edition of the standard Workers' Compensation policy as filed for use in
Florida by the National Council on Compensation Insurance without restrictive endorsements.
CONTRACTOR is also responsible for procuring proper proof of coverage from its subcontractors
of every tier for liability that is a result of a Workers' Compensation injury to the subcontractor's
employees. The minimum required limits to be provided by both CONTRACTOR and its
subcontractors are outlined in subsection (C) below. In addition to coverage for the Florida
Workers' Compensation Act, where appropriate, coverage must be included for the United States
Term Contract for Various Minor Construction, Renovation, Repair, and Alteration
of Structural and Non -Structural Projects with a Value less than $100K Each
(IFB-603835-20BJC)
Page 11 of 21
Longshoremen and Harbor Worker's Compensation Act, Federal Employee's Liability Act, and
any other applicable Federal or State law.
(B) Subject to the restrictions of coverage found in the standard
Workers' Compensation policy, there will be no maximum limit on the amount of coverage for
liability imposed by the Florida Workers' Compensation Act, the United States Longshoremen's
and Harbor Worker's Compensation Act, or any other coverage customarily insured under Part
One of the standard Workers' Compensation policy.
(C) The minimum amount of coverage under Part Two of the standard
Workers' Compensation policy is required to be the following:
$500,000.00 (Each Accident)
$500,000.00 (Disease -Policy Limit)
$500,000.00 (Disease -Each Employee)
(2) Commercial General Liability.
(A) CONTRACTOR's insurance must cover it for those sources of
liability that would be covered by the latest edition of the standard Commercial General Liability
Coverage Form (ISO Form CG 00 01), as filed for use in the State of Florida by the Insurance
Services Office. Coverage must not contain any endorsements excluding or limiting
Products/Completed Operations, Contractual Liability, or Separation of Insureds.
(B) CONTRACTOR shall maintain these minimum insurance limits:
General Aggregate Two Times (2x) the Each Occurrence Limit
Personal & Advertising $1,000,000.00
Injury Limit
Each Occurrence Limit $1,000,000.00
Pollution Liability $1,000,000.00
(3) Professional Liability Insurance. CONTRACTOR shall carry Professional
Liability Insurance with limits of not less than One Million and No/100 Dollars ($1,000,000.00).
Term Contract for Various Minor Construction, Renovation, Repair, and Alteration
of Structural and Non -Structural Projects with a Value less than $100K Each
(IFB-603836-20/BJC)
Page 12 of 21
(4) Business Auto Policy.
(A) CONTRACTOR's insurance must cover CONTRACTOR for
those sources of liability which would be covered by Section II ofthe latest edition of the standard
Business Auto Policy (ISO Form CA 00 01), as filed for use in the State of Florida by the
Insurance Services Office. Coverage must include owned, non -owned, and hired autos or any
auto used by CONTRACTOR. In the event CONTRACTOR does not own automobiles,
CONTRACTOR shall maintain coverage for hired and non -owned auto liability for autos used by
CONTRACTOR, which may be satisfied by way of endorsement to the Commercial General
Liability policy or separate Business Auto Liability policy. If the contract involves operations
governed by Sections 29 or 30 of the Motor Carrier Act of 1980, endorsement MCS -90 is required.
(B) The minimum limits to be maintained by CONTRACTOR must be
per -accident combined single limit for bodily injury liability and property damage liability.
(C) The minimum amount of coverage under the Business Auto Policy
is required to be the following:
Combined Single Limit $1,000,000.00
(d) Coverage. The insurance provided by CONTRACTOR pursuant to this Agreement
must apply on a primary and non-contributory basis, and any other insurance or self-insurance
maintained by COUNTY or COUNTY's officials, officers, or employees must be in excess of and
not contributing to the insurance provided by or on behalf of CONTRACTOR.
(e) Occurrence Basis. The Workers' Compensation policy, the Commercial General
Liability, and the Umbrella policy required by this Agreement must be provided on an occurrence
rather than a claims -made basis. The Professional Liability insurance policy may be on an
occurrence basis or claims -made basis. If a claims -made basis, the coverage must respond to all
Term Contract for Various Minor Construction, Renovation, Repair, and Alteration
of Structural and Non -Structural Projects with a Value less than $100K Each
(IFB-603836-20BJC)
Page 13 of 21
claims reported within three (3) years following the period for which coverage is required and
which would have been covered had the coverage been on an occurrence basis.
(f) Obligations. Compliance with the foregoing insurance requirements will not
relieve CONTRACTOR, its employees, or its agents of liability from any obligation under this
Section or any other Section of this Agreement.
Section 18. Dispute Resolution.
(a) In the event of a dispute related to any performance or payment obligation arising
under this Agreement, the parties shall exhaust COUNTY administrative dispute resolution
procedures prior to filing a lawsuit or otherwise pursuing legal remedies. COUNTY administrative
dispute resolution procedures for proper invoice and payment disputes are set forth in Section
22.15, "Prompt Payment Procedures", Seminole County Administrative Code. COUNTY
administrative dispute resolution procedures for contract claims related to this Agreement, other
than for proper invoice and payment disputes, are set forth in Section 3.5540, "Contract Claims",
Seminole County Administrative Code.
(b) In any lawsuit or legal proceeding arising under this Agreement, CONTRACTOR
hereby waives any claim or defense based on facts or evidentiary materials that were not presented
for consideration in COUNTY administrative dispute resolution procedures set forth in subsection
(a) above of which CONTRACTOR had knowledge and failed to present during COUNTY
administrative dispute resolution procedures.
(c) In the event that COUNTY administrative dispute resolution procedures are
exhausted and a lawsuit or legal proceeding is filed, the parties shall exercise best efforts to resolve
disputes through voluntary mediation and to select a mutually acceptable mediator. The parties
participating in the voluntary mediation shall share the costs of mediation equally.
Term Contract for Various Minor Construction, Renovation, Repair, and Alteration
of Structural and Non -Structural Projects with a Value less than $100K Each
(IFB-603836-20BJC)
Page 14 of 21
Section 19. Representatives of COUNTY and CONTRACTOR.
(a) It is recognized that questions in the day to day conduct of performance pursuant
to this Agreement may arise. Upon request by CONTRACTOR, COUNTY shall designate and
advise CONTRACTOR in writing of one or more of its employees to whom to address all
communications pertaining to the day to day conduct of this Agreement. The designated
representative will have the authority to transmit instructions, receive information, and interpret
and define COUNTY's policy and decisions pertinent to the work covered by this Agreement.
(b) At all times during the normal work week, CONTRACTOR shall designate or
appoint one or more representatives who are authorized to act on behalf of CONTRACTOR and
bind CONTRACTOR regarding all matters involving the conduct of the performance pursuant to
this Agreement, and who will keep COUNTY continually and effectively advised of such
designation.
Section 20. All Prior Agreements Superseded. This Agreement incorporates and
includes all prior negotiations, correspondence, conversations, agreements, or understandings
applicable to the matters contained in this Agreement and the parties agree that there are no
commitments, agreements, or understandings concerning the subject matter of this Agreement that
are not contained or referred to in this document. Accordingly, it is agreed that no deviation from
the terms of this Agreement may be predicated upon any prior representations or agreements,
whether oral or written.
Section 21. Modifications, Amendments, or Alterations. No modification, amendment,
or alteration in the terms or conditions contained in this Agreement will be effective unless
contained in a written amendment executed with the same formality and of equal dignity with this
Agreement.
Term Contract for Various Minor Construction, Renovation, Repair, and Alteration
of Structural and Non -Structural Projects with a Value less than $100K Each
(IF&603836-20BJC)
Page 15 of 21
Section 22. Independent Contractor. Nothing in this Agreement is intended or may be
construed as in any manner creating or establishing a relationship of co-partners between the
parties, or as constituting CONTRACTOR (including its officers, employees, and agents) as an
agent, representative, or employee of COUNTY for any purpose or in any manner whatsoever.
CONTRACTOR is and will remain forever an independent contractor with respect to all services
performed under this Agreement.
Section 23. Employee Status. Persons employed by CONTRACTOR in the performance
of services and functions pursuant to this Agreement have no claim to pension, workers'
compensation, unemployment compensation, civil service, or other employee rights or privileges
granted to COUNTY's officers and employees, either by operation of law or by COUNTY.
Section 24. Services Not Provided For. No claim for services provided by
CONTRACTOR not specifically provided for in this Agreement will be honored by COUNTY.
Section 25. Public Records Law.
(a) CONTRACTOR acknowledges COUNTY's obligations under Article 1, Section
24, Florida Constitution and Chapter 119, Florida Statutes, to release public records to members
of the public upon request. CONTRACTOR acknowledges that COUNTY is required to comply
with Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes, in the handling
of the materials created under this Agreement and this statute controls over the terms of this
Agreement. Upon COUNTY's request, CONTRACTOR shall provide COUNTY with all
requested public records in CONTRACTOR's possession, or shall allow COUNTY to inspect or
copy the requested records within a reasonable time and at a cost that does not exceed costs as
provided under Chapter 119, Florida Statutes.
Term Contract for Various Minor Construction, Renovation, Repair, and Alteration
of Structural and Non -Structural Projects with a Value less than $100K Each
(IFB-603836-20JBJC)
Page 16 of 21
(b) CONTRACTOR specifically acknowledges its obligations to comply with Section
119.070 1, Florida Statutes, with regard to public records and shall perform the following:
(1) CONTRACTOR shall keep and maintain public records that ordinarily and
necessarily would be required by COUNTY in order to perform the services required under this
Agreement,
(2) CONTRACTOR shall provide the public with access to public records on
the same terms and conditions that COUNTY would provide the records and at a cost that does
not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law.
(3) CONTRACTOR shall ensure public records that are exempt or confidential
and exempt from public records disclosure requirements are not disclosed, except as authorized by
law.
(c) Upon termination of this Agreement, CONTRACTOR shall transfer, at no cost to
COUNTY, all public records in possession of CONTRACTOR, or keep and maintain public
records required by COUNTY under this Agreement. If CONTRACTOR transfers all public
records to COUNTY upon completion of this Agreement, CONTRACTOR shall destroy any
duplicate public records that are exempt or confidential from public records disclosure
requirements. If CONTRACTOR keeps and maintains the public records upon completion of this
Agreement, CONTRACTOR shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to COUNTY, upon request of COUNTY, in a
format that is compatible with the information technology systems of COUNTY.
(d) Failure to comply with this Section will be deemed a material breach of this
Agreement for which COUNTY may terminate this Agreement immediately upon written notice
Term Contract for Various Minor Construction, Renovation, Repair, and Alteration
of Structural and Non -Structural Projects with a Value less than $100K Each
(IFB-603836-20(BJC)
Page 17 of 21
to CONTRACTOR. CONTRACTOR may also be subject to statutory penalties as set forth in
Section 119. 10, Florida Statutes.
(e) IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
CONTRACTOR's DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTRACTOR MAY CONTACT THE
CUSTODIAN OF PUBLIC RECORDS, THE SEMINOLE COUNTY
PURCHASING AND CONTRACTS MANAGER, AT 407-665-71169
PURCH@SEMINOLECOUNTYFL.GOV, PURCHASING AND
CONTRACTS DIVISION, 1301 E. SECOND STREET, SANFORD, FL 32771.
Section 26. Governing Law, Jurisdiction, and Venue. The laws of the State of Florida
govern the validity, enforcement, and interpretation of this Agreement. The sole jurisdiction and
venue for any legal action in connection with this Agreement will be in the courts of Seminole
County, Florida.
Section 27. Compliance with Laws and Regulations. In providing all services pursuant
to this Agreement, CONTRACTOR shall abide by all statutes, ordinances, rules, and regulations
pertaining to or regulating the provision of such services, including those now in effect and
subsequently adopted. Any violation of these statutes, ordinances, rules, or regulations will
constitute a material breach of this Agreement and will entitle COUNTY to terminate this
Agreement immediately upon delivery of written notice of termination to CONTRACTOR.
Section 28. Patents and Royalties. Unless otherwise provided, CONTRACTOR is solely
responsible for obtaining the right to use any patented or copyrighted materials in the performance
Term Contract for Various Minor Construction, Renovation, Repair, and Alteration
of Structural and Non -Structural Projects with a Value less than $100K Each
(IFB-603836-20BJC)
Page 18 of 21
of this Agreement. CONTRACTOR, without exception, shall indemnify and save harmless
COUNTY and its employees from liability of any nature or kind, including costs and expenses for
or on account of any copyrighted, patented, or unpatented invention, process, or article
manufactured or supplied by CONTRACTOR In the event of any claim against COUNTY of
copyright or patent infringement, COUNTY shall promptly provide written notification to
CONTRACTOR. If such a claim is made, CONTRACTOR shall use its best efforts to promptly
purchase for COUNTY any infringing products or services or procure a license at no cost to
COUNTY that will allow continued use of the service or product. If none of the alternatives are
reasonably available, COUNTY shall return the article on request to CONTRACTOR and receive
reimbursement, if any, as may be determined by a court of competent jurisdiction.
Section 29. Notices. Whenever either party desires to give notice to the other, it must be
given by written notice, sent by registered or certified United States mail, return receipt requested,
addressed to the party for whom it is intended at the place last specified. The place for giving of
notice will remain such until it has been changed by written notice in compliance with the
provisions of this Section. For the present, the parties designate the following as the respective
places for giving of notice:
For COUNTY:
Seminole County Fleet and Facilities Management Division
205 W. County Home Road
Sanford, FL 32773
With a copy to:
Seminole County Purchasing & Contracts Division
1301 E. Second Street
Sanford, FL 32771
Terni Contract for Various Minor Construction, Renovation, Repair, and Alteration
of Structural and Non -Structural Projects with a Value less than $100K Each
(IFB-603836-20BJC)
Page 19 of 21
For CONTRACTOR:
Boulevard Contractors Corp.
10451 Mill Run Circle, Suite 1005
Owings Mills, Maryland 21117
Section 30. Rights At Law Retained. The rights and remedies of COUNTY provided
for under this Agreement are in addition and supplemental to any other rights and remedies
provided by law.
Section 31. Headings and Captions. All headings and captions contained in this
Agreement are provided for convenience only, do not constitute a part of this Agreement, and may
not be used to define, describe, interpret or construe any provision of this Agreement.
Section 32. E -Verify System Registration.
(a) CONTRACTOR must register with and use the E -Verify system to verify the work
authorization status of all new employees prior to entering into this Agreement with COUNTY. If
COUNTY provides written approval to CONTRACTOR for engaging with or contracting for the
services of any subcontractors under this Agreement, CONTRACTOR must require certification
from the subcontractor that at the time ofcertification, the subcontractor does not employ, contract,
or subcontract with an unauthorized alien. CONTRACTOR must maintain a copy of the foregoing
certification from the subcontractor for the duration of the agreement with the subcontractor.
(b) If COUNTY has a good faith belief that CONTRACTOR has knowingly violated
this Section, COUNTY shall terminate this Agreement. If COUNTY terminates this Agreement
with CONTRACTOR, CONTRACTOR may not be awarded a public contract for at least one (1)
year after the date on which this Agreement is terminated. If COUNTY has a good faith belief
that a subcontractor knowingly violated this Section, but CONTRACTOR otherwise complied
Term Contract for Various Minor Construction, Renovation, Repair, and Alteration
of Structural and Non -Structural Projects with a Value less than $100K Each
(IFB-603836-20BJC)
Page 20 of 21
with this Section, COUNTY must promptly notify CONTRACTOR and order CONTRACTOR to
immediately terminate its agreement with the subcontractor.
IN WITNESS WHEREOF, the parties have made and executed this Agreement for the
purposes stated above.
ATTEST:
Secretary
(CORPORATE SEAL)
Print Name
W' ess � a
arW
Print Name
For the use and reliance of
Seminole County only.
Approved as to form and
legal sufficiency.
Ak� A F"4�
Coudy Alkolney
BP/Ipk
4129/20 7/28120
T.\Uscns Lcgai Secactary COTurdhasing 2020UFM03836.d0cx
Attachments:
Exhibit A - Scope of Services
Exhibit B - Sample Purchase Order
Exhibit C — Contract Pricing
BOULEVARD CONTRACTORS CORP.
By: I
JAV kTEL, President
Date:
COUNTY, FLORIDA
Purchasing and
Contractspflaff er
-nate•
As authorized for execution bye o d of
County Commissioners at its ,
20 .26 , regular meeting.
Term Contract for Various Minor Construction, Renovation, Repair, and Alteration
of Structural and Non -Structural Projects with a Value less than $100K Each
(IFB-603836-20/BJC)
Page 21 of 21
EXHIBIT A
Scope of Services
Qualified Contractors will provide various minor construction, renovation, repair, and
alteration of structural and non-structural projects with a value less than $100K each. A
wide range of services by various specialized trades for diverse projects on an as -needed
basis for construction repair, restoration and preservation are being requested in this IFB.
Contractors shall be well versed in commercial renovations and repairs, including but not
limited to metal stud framing, drywall installation and finishing, acoustical ceiling
installation, interior and minor demolition, all facets of wood and masonry construction,
concrete block construction, and associated concrete work, finish carpentry and cabinet
work, walkover repairs and re -builds, construction/installation of pre -fabricated
commercial pavilions, HVAC, electrical, irrigation, and other trades work.
The goal is to establish a roster of qualified contractors that can quickly compete for small
construction projects as they arise. All work will be awarded and released through
individual Purchase Orders.
Work will be assigned as follows: The County will provide a scope of work to the
Contractor detailing the project to be accomplished. Typically, the narrative scope of work
will not include complete drawings. The narrative scope of work will be issued to all
Contractors and each Contractor will be provided with an opportunity to walk the project
with the Project Manager or designee in order to better understand and clarify the work.
Each Contractor will then be required to submit a Jump sum price for the proposed work.
Although the exact amount of time that contractors will have to submit bids will depend on
the specifics of the individual projects, the County envisions that Contractors will typically
be given five (5) to seven (7) business days to prepare and submit their cost proposals.
The County will select the Contractor to be awarded each project primarily based on price,
but the County reserves the right to consider non -price factors when making such
decisions and will also consider differences in scope and/or proposed finishes, equipment
and materials.
The Contractor shall provide, upon receipt of a Purchase Order, all work materials,
supplies, parts (to include system components), supervision, labor, and equipment, except
when specified as County-fumished, to repair or construct real property facilities and
structures within the scope of the contract.
Contractor's work and responsibility shall include all Contractor planning, programming,
administration, and management necessary to provide all work as specified. The
Contractor shall conduct all work in strict accordance with the contract and all applicable
Federal, State, and local laws, regulations, codes, and directives. The Contractor shall
ensure that all work provided meets, or exceeds, critical reliability rates or tolerances
specified or included in applicable documents. The Contractor shall provide related
services such as preparing and submitting required reports, performing administrative
work, and submitting necessary information as specified under this contract and within
each Purchase Order. The Contractor shall ensure that all work provided meets
requirements of the contract and the scope of work for each order and any specifications
included with the order or in any other applicable documents.
Contractors must hold and provide verifiable proof in their bid response of an existing and
currently valid Florida business license and must possess the required Certified General
Contractors License at the time of responding to the solicitation and throughout the term
of the Agreement. Contractor shall have qualified personnel and subcontractors, if
applicable, capable of performing the work as described in the Agreement.
Contractors must have the ability to respond Within eight (8) hours for emergency service
and within forty-eight (48) hours for non -emergency service from County's notification.
ORDERING PROCEDURES:
As the need exists for performance under the terms of this contract the County Purchasing
and Contracts Division will notify the Contractor, in writing, of an existing requirement.
Upon receipt of this notification, the Contractor shall respond to the needs of the County
within three (3) business days by visiting the proposed worksite in the company of the
County Project Manager or designee or establishing verbal contact with either to further
define the scope of the requirement. If the Contractor objects to providing the services
requested on a project, the Contractor must submit in writing within two (2) business days
of the site visit an explanation of objection.
Upon establishment of the scope of the individual requirement, the Contractor shall then
be requested in writing by the County Project Manager or designee to prepare a written
proposal for accomplishment of the project to be sent to the Purchasing and Contracts
Division.
Upon receipt of the Contractor's proposal, the Purchasing and Contracts Division will
review, with County Project Manager or designee, the proposal for completeness. The
County may negotiate with the Contractor performance times and quantities and/or
specific line item selection.
Purchase Orders will then be issued and each order will include the following information:
• Project Name
• Description, quantity and unit prices
• Project Cost
• Start Date and Completion Time
• Accounting and appropriation data including Liquidated Damages, if applicable
• Any other pertinent data related to specific project.
CONFERENCES:
Periodic meetings may be scheduled whenever requested by the Contractor or directed
by the County for the resolution of questions or problems encountered in the performance
of the work. The Contractor and/or the appropriate representative(s) will be required to
attend and participate in all conferences pertinent to the work required under this
Agreement as directed by the County.
CONTRACT ADMINISTRATION:
Administration of the orders under this Agreement will be performed by the County Project
Manager or designee. Overall administration of the Agreement will be performed by the
Purchasing and Contracts Division.
No changes, deviations, or waivers of the specific project shall be effective without a
modification of the Purchase Order executed by the Purchasing and Contracts Division
authorizing such changes, deviations, or waivers.
PROJECT MANAGER:
The County shall assign a Project Manager to oversee the Contractor's work under any
Purchase Order. The name and contact information for the assigned Project Manager will
be specified in the Purchase Order. The Contractor shall take direction from, and
coordinate its work with, the assigned Project Manager. The Contractor will be required to
develop work plans that are coordinated with, and acceptable to, the Project Manager
assigned to the project. The Contractor acknowledges, however, that the Project Manager
shall not be authorized to modify any of the rights or obligations of the County or the
Contractor pursuant to this Agreement, or to issue Purchase Orders, Change Orders or
Change Directives. The Contractor hereby acknowledges and agrees that only the
Purchasing and Contracts Division shall have the authority to issue Purchase Orders,
Change Orders or Change Directives on the County's behalf.
WORKING HOURS:
The Contractor will be required to coordinate with the assigned Project Manager each
individual project. The work may be performed during normal business hours; however,
the Contractor may be required to work after hours or on weekend and holidays so as to
not adversely impact the work of the County employees and/or Contractors. If work is to
be performed in an occupied facility, the Contractor will be required to submit an initial
coordination plan with the bid for the project describing how the Contractor will work with
the County and the facility occupants to ensure that the project proceeds smoothly in order
to minimize impact on facility operations.
POTENTIAL SUBCONTRACTORS AND SUPPLIERS:
With each bid provided in response for a project, the Contractor shall fumish the County
a list of the subcontractors and suppliers that will work on this Project as well as a general
description of each such subcontractor's scope of work.
Within three (3) business days after such list is submitted, the County shall advise the
Contractor if it has any objection to any of the listed subcontractors or suppliers. In the
event the County has a reasonable objection to any such subcontractor or supplier, the
Parties shall discuss such objection and agree on an appropriate course of action.
SAFETY BARRIERS/FENCES:
As part of its responsibility for Project safety, the Contractor shall install such fences and
barriers as may be necessary. The Contractor shall develop a plan that describes the
proposed separation and the specific nature of the fences and barriers that will be used.
This plan will be submitted to the County for its review and approval prior to the
commencement of construction. Once such plan has been approved, the Contractor shall
comply with it at all times during construction. The Contractor shall be required to revise
the plan as may be reasonably requested by the County. The cost of revising and
complying with the plan shall not entitle the Contractor to an increase in the Purchase
Order.
The construction/renovation phase shall commence when the County issues a written
Purchase Order for the Project. The Contractor shall construct the work described on the
order including any work that Is not specifically shown thereon but is reasonably inferable
therefrom or necessary for a fully functioning Project. The Work shall be carried out in a
professional and timely fashion. All materials and equipment to be incorporated into the
Project shall be new and previously unused, unless otherwise specified, and shall be free
of manufacturing or other defects.
The Contractor hereby assumes the risks associated with and shall be responsible for (I)
any changes in market conditions that affect the cost of labor or materials; (ii) coordination
issues between any drawings for the Project; (III) elements of work not shown on the
scope, but which are reasonably inferable from the specifications or drawings; (iv) cost
associated with acceleration of the work and expediting of materials necessary to meet
the Project Schedule which are the result of anything other than an excusable delay; and
(v) the risk of subcontractor default.
SUPPLEMENTAL CONDITIONS
TABLE OF CONTENTS
GENERAL CONDMONS
Sections
1. Definitions/Interpretations
2. Preliminary Matters
3. Contractor's Responsibilities
4. Work by Others
5. Project Manager's Status during Construction
6. Delays and Extension of Time
7. Schedules
8. Warranty or Guarantee, Tests and Inspections, Connections,
Removal or Acceptance of Defective Work
9. Suspension of Work and Termination
10. Miscellaneous
�, =
SECTION 1 - DEFi_NITIONS/INTERPRETATIONS
Definitions.
Whenever used in the Contract Documents, the following terms shall have the meanings
indicated, which shall be applicable to both the singular and plural thereof.
Addenda - Written or graphic instruments issued prior to the date for opening Bids which modify
or interpret the Bidding Documents by additions, deletions, corrections or clarifications.
Acceptance; Final Acceptance - The formal action by COUNTY accepting the Work as being
complete after certification by County's Representative of Final Completion.
Agreement - The written Agreement between COUNTY and CONTRACTOR covering the Work
to be performed; other Contract Documents are incorporated in or referenced in the Agreement
and made a part thereof as provided therein.
Building Elements - An architectural, structural, electrical, mechanical or plumbing component
of a building, facility, space, or site.
Change Order - A written instrument issued on or after the Effective Date of the Agreement, of
which when duly executed by COUNTY and CONTRACTOR amends the Contract Documents to
provide for changes in the Work or in the provisions of the Contract Documents, or changes in
Contract Price or Contract Time, or any combination thereof.
Contract Claim - Any dispute arising out of or related to the Contract Documents between the
COUNTY and CONTRACTOR including, but not limited to, any demand or assertion by one of
the parties seeking any equitable adjustment of the Contract Price, Contract Time or other relief
with respect to the Contract Documents.
Contract Documents - The Agreement and those documents referenced in the Agreement
Contract Price - The total compensation, subject to authorized adjustments, payable by
COUNTY to CONTRACTOR for satisfactory completion of all Work under the Contract
Documents as stated in the Agreement.
Contract Time - The period of time allotted in the Contract Documents, subject to authorized
adjustments, for Substantial Completion and Final Completion of the Work, or other interim
completion dates identified in the Contract Documents.
CONTRACTOR - The individual, partnership, corporation, joint venture, or other legal entity or
combination thereof, who is currently and actively licensed by the State of Florida and who has
entered into the Agreement with COUNTY for the performance of the Work. The term
"CONTRACTOR" means CONTRACTOR or its authorized representative.
COUNTY - Seminole County, a political subdivision of the State of Florida; the Owner.
Date of Commencement of the Contract Time - The Begin Date given by the Purchase Order
when the Contract Time commences to run.
Day - A calendar day of 24 hours lasting from midnight one day to midnight the next day.
Defect or Defective - A reference to Work that is unsatisfactory, faulty or deficient, or does not
conform to the contract plans or specifications or does not meet the requirements of any
inspection, code, reference standard, test or approval referred to in the Contract Documents or
has been damaged prior to Final Acceptance (unless responsibility for the protection thereof has
been assumed by COUNTY).
Effective Date of the Agreement - The date indicated in the Agreement on which it becomes
effective, but if no such date is indicated it means the date on which the Agreement is signed by
the last of the two parties to sign.
Equipment - The Machinery and Equipment, together with the necessary supplies for upkeep
and maintenance thereof, also, the tools and all other apparatus necessary, for the construction
and acceptable completion of the Work.
Holidays - Days designated by Seminole County as legal holidays. These days are:
New Year's Day
Martin Luther King's Birthday
Memorial Day
independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Day
- January 1st
- Third Monday in January
- Last Monday in May
- July 4th
- First Monday in September
- As Designated
- Fourth Thursday in November
- Fourth Friday in November
December 25th
Laws and Regulations; Laws or Regulations - Laws, Rules, Codes, Regulations, Ordinances,
and/or court or administrative orders of the federal, state and local governments.
Materials - Any substances to be incorporated in the Work under the Contract Documents.
Permits - An authoritative or official certificate of permission.
Progress Schedule - All documentation related to the planning, scheduling and implementation
of the Work as described in the Contract Documents.
Project - The total construction of which the Work to be provided under the Contract Documents
is a part as indicated elsewhere in the Contract Documents.
Project Manager - The authorized representative of the County who is assigned to the Project.
The County's representative acting directly or through duly authorized representatives.
Subcontractor - An individual, partnership, corporation, joint venture, or other combination
thereof having a Sub -agreement with CONTRACTOR for (a) the performance of labor in
connection with part of the Work at the site; or (b) for both performing labor in connection with
part of the Work at the site and furnishing items of Materials or Equipment for incorporation into
the Work. Subcontractor also means an individual, partnership, corporation, joint venture, or other
combination thereof that has a Sub -agreement with another Subcontractor to perform any of the
Work at the site.
Supplier - A manufacturer, fabricator, Supplier, distributor, material -man or vendor
Total Bid - Amount stated in the Bid Form by the Bidder as the Bidder's offer to furnish all labor,
Materials and Equipment to perform all Work in strict accordance with the Contract Documents.
If an Agreement is awarded to a Bidder, the Total Bid amount shall be the Contract Price.
Warranty Period - The period of time within which CONTRACTOR shall promptly, without cost
to COUNTY and in accordance with COUNTY's written instructions, either correct Defective Work
or, if it has been rejected by COUNTY, remove it from the site and replace it with non -Defective
Work. The Warranty Period does not limit the CONTRACTOR's warranty that the Work has been
completed in accordance with the Contract Documents.
Work - All labor, permits, bonds, equipment, Materials and incidentals required for the
construction of the improvement by the Contract Documents, including superintendence, use of
Equipment and tools, and all services and responsibilities prescribed or implied, which are
necessary for the complete performance by the CONTRACTOR of his obligations under the
Contract Documents. Unless otherwise specified herein or in the Contract Documents, all costs
of liability and of performing the Work shall be at the CONTRACTOR's expense.
SECTION 2 - PRELIMINARY MATTERS
Copies of Documents. COUNTY shall furnish to CONTRACTOR one copy of the Contract
Documents free of charge. CONTRACTOR will be responsible for obtaining additional copies.
Commencement of the Contract Time; Purchase Order. The Contract Time will begin on the
date indicated in the Purchase Order.
The CONTRACTOR shall start to perform the Work on the date indicated on the Purchase Order.
Prior to the issuance of a Purchase Order, a preconstruction conference shall be attended by the
CONTRACTOR and his subcontractors, PROJECT MANAGER and COUNTY and other entities
as applicable to the Work at which time a date will be established for the issuance of the Purchase
Order.
Before Starting Work. Before undertaking each part of the Work, CONTRACTOR shall carefully
study and compare the Contract Documents and check and verify pertinent information and all
applicable field measurements. CONTRACTOR shall promptly report in writing to PROJECT
MANAGER any conflict, error or discrepancy which CONTRACTOR or any of his Subcontractors
or Suppliers may discover and shall obtain a written interpretation or clarification from PROJECT
MANAGER before proceeding with any Work affected thereby; provided, however,
CONTRACTOR shall not be liable to COUNTY or PROJECT MANAGER for failure to report any
conflict, error or discrepancy unless CONTRACTOR or any of his Subcontractors or suppliers had
actual knowledge thereof or should reasonably have known thereof.
Before commencement of the Work, CONTRACTOR shall submit to the PROJECT MANAGER
for review a preliminary Progress Schedule indicating the starting and finishing dates of each
Work activity, and a proposed schedule.
Preconstruction Conference. Prior to commencement of Work at the site, a conference will be
held for review of the schedules, to establish procedures for a working understanding among the
parties as to the Work.
Physical Conditions. The CONTRACTOR shall take the steps necessary to ascertain the nature
and the location of the Work. The CONTRACTOR shall also determined for himself the existing
physical conditions which can affect the work or its cost, including but not limited to, (1) conditions
bearing upon mobilization, demolition, transportation, disposal, handling and storage of materials;
(2) the availability of labor, water, electric power; (3) uncertainties of weather; (4) the conformation
of surface and subsurface ground conditions; (5) the character and limitations of the equipment,
machinery and existing physical conditions within the limits of construction or within the buildings
that are utilized during the Work.
The CONTRACTOR shall employ only competent personnel and utilize only suitable equipment
in performing the layout of the Work. Contractor shall not engage the services of any person or
persons in the employ of the COUNTY for performance of the layout of the Work. Adequate field
notes and records shall be kept on a daily basis as the layout work is accomplished. These field
notes and records shall be available for review by the PROJECT MANAGER as the Work
progresses and copies shall be furnished at the time of completion of the Project. Any inspection
or checking of the CONTRACTOR's field notes or layout work by the PROJECT MANAGER and
the acceptance of all or any part thereof shall not relieve the CONTRACTOR of his responsibility
to achieve the lines, grades and dimensions shown in the Plans/Specifications.
SECTION 3 - CONTRACTOR'S RESPONSIBILITIES
Supervision and Superintendence. CONTRACTOR shall supervise and direct the Work
competently and efficiently, devoting such attention thereto and applying such skills and expertise
as may be necessary to perform the Work in accordance with the Contract Documents.
CONTRACTOR shall be solely responsible for all means and methods, techniques, schedules,
sequences and procedures of construction and for providing the required safety precautions, for
coordinating ail portions of the Work with all regulatory, jurisdictional and governmental
authorities, for further coordination as required with commercial businesses, private residents and
employees of the Owner and for enforcement of order and cooperation among the
CONTRACTOR's employees and all of the Subcontractors and Suppliers. The CONTRACTOR
shall be responsible to see that the competed Work complies accurately with the Contract
Documents and its intent.
Personnel and Working Hours. CONTRACTOR shall at ail times maintain good discipline and
order at the site.
CONTRACTOR shall provide competent, qualified personnel to perform construction as required
by the Contract Documents. CONTRACTOR is fully responsible to provide a sufficient number of
skilled workers and supervisory personnel to perform the Work and assure that the Work is
completed according to the established Construction Schedule and within the Contract Time.
Failure to fully man the Project with supervisory personnel, skilled workers or common laborers
of which actions shalt lead to a delay in the Work Schedule shall be cause for a claim for damages
against CONTRACTOR or termination of CONTRACTOR by the Owner.
Except in connection with the safety or protection of persons or the Work or property at the site
or adjacent thereto, all Work at the site shall be performed during normal working hours, unless
otherwise specified. Normal working hours shall be defined as period occurring between the hours
beginning at 7:00 a.m. and ending at 5:00 p.m., exclusive of Saturdays, Sundays, or Holidays.
Items of Material or Equipment. All Materials and Equipment shall be of good quality and new.
All Materials and Equipment shall be handled, stored, applied, installed, connected, erected,
used, cleaned and conditioned in accordance with the instructions of the applicable Supplier.
Manufacturers' or Suppliers' warranties for all Materials, products and Equipment to be furnished
by CONTRACTOR and to be incorporated into the completed Work shall be furnished to COUNTY
through CONTRACTOR.
Project is to be constructed with asbestos free materials.
Concerning Subcontractors - The Contractor will be fully responsible for all acts and omissions
of his Subcontractors and of persons directly or indirectly employed by them and of persons for
whose acts any of them may be liable to the same extent that they are employed by him. Nothing
contained in the Contract Documents shall create, nor be interpreted to create, privity or any other
contractual relationship whatsoever between the County and any Subcontractor or any person
except the Contractor, or any obligation on the part of the County to payor to see to the payment
of any monies due any Subcontractor, except as may otherwise be required by law. The County
may furnish to any Subcontractor, to the extent practicable, evidence of amounts paid to the
Contractor on account of specific Work done. The Contractor agrees to bind specifically every
Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit
of the County. All Work performed for the Contractor by Subcontractors shall be pursuant to an
appropriate agreement between the Contractor and the Subcontractor which shall contain
provisions that waive all rights the contracting parties may have against one another for damages
caused by fire or other perils covered by insurance held by the County as trustee.
Patent Fees And Royalties - The Contractor will pay all license fees and royalties and assume
all costs incident to the use of any invention, design, process or device which is the subject of
patent rights or copyrights held by others.
Permits. Unless otherwise provided in the Contract Documents, CONTRACTOR shall obtain and
pay for all construction permits, fees, and licenses. CONTRACTOR shall pay all governmental
charges and inspection fees necessary for the prosecution of the Work, which are applicable at
the time of opening of Bids. CONTRACTOR shall pay all charges of public and private utility
service companies for all required utility services that complete and accomplish the Work
according to the Contract Documents. The CONTRACTOR shall meet all requirements of all
permits and licenses and shall be responsible for all fines, assessments, and penalties of any
nature assessed against the CONTRACTOR or COUNTY or both relating to any permit violation.
Laws and Regulations. CONTRACTOR shall give all notices and comply with all Laws and
Regulations applicable to the Work. If CONTRACTOR performs any Work knowing or having
reason to know that it is contrary to such Laws or Regulations and without such notice to
PROJECT MANAGER, CONTRACTOR shall bear all costs arising therefrom.
CONTRACTOR shall pay all sales, consumer, use and other taxes required to be paid by it in
accordance with the Laws and Regulations of the place of the Project.
CONTRACTOR shall comply with all Federal, State, and Local laws, ordinances, codes, and
regulations applying to the Work. The CONTRACTOR shall be solely responsible for bidding and
constructing the Work per the current building codes as required by the Contract Documents and
the construction practices normally applicable to each trade vendors or installer's trade.
All items to be purchased under this contract shall be in accordance with all governmental
standards, to include, but not be limited to, those issued by the Occupational Safety and Health
Administration (OSHA), the National Institute of Occupational Safety Hazards (NIOSH), and the
National Fire Protection Association (NFPA).
Use of Promises. The CONTRACTOR shall confine construction equipment, the storage of
materials and the operations of workers to areas permitted by Laws and Regulations, rights-of-
way, easements or required by the Contract Documents or limited by the Owner. The
CONTRACTOR shall not unreasonably encumber the premises with construction equipment or
materials or other equipment. The CONTRACTOR shall assume full responsibility for any damage
to any such property, or to the owner or occupant thereof or of any other property, caused or
alleged to have been caused by or incident to the execution of this Work. The CONTRACTOR
shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim.
During the progress of the Work, CONTRACTOR shall keep the premises free from
accumulations of waste materials, rubbish and other debris resulting from the Work. Periodically,
during construction, the CONTRACTOR shall remove all waste materials, rubbish and debris from
and about the premises for disposal. At completion of the Work all tools, appliances, construction
equipment and machinery, and surplus materials shall be removed by the Contractor and shall
leave the site clean and ready for occupancy by COUNTY. CONTRACTOR shall restore to
original condition or better all property not designated for alteration by the Contract Documents,
but, was impacted due to the construction operations and close proximity to the Project.
CONTRACTOR shall not load or permit any part of any structure to be loaded in any manner that
will endanger human life or damage the structure, nor shall CONTRACTOR subject any part of
the Work or adjacent property to loads that will endanger human life or damage it.
Safety and Protection. CONTRACTOR shall be solely and completely responsible for initiating,
maintaining and supervising all safety precautions and programs in connection with the Work.
CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the
necessary protection to prevent damage, injury or loss to all employees on the Work and other
persons (including but not limited to the general public or employees of the Owner) who may be
affected thereby; all the Work and all Materials or Equipment to be incorporated therein, whether
in storage on or off the site; and other property at the site, adjacent thereto, or utilized by
CONTRACTOR. CONTRACTOR's duties and responsibilities for the safety and protection of the
Work shall continue until such time as PROJECT MANAGER issues a notice to COUNTY and
CONTRACTOR that the Work is acceptable.
All damage, injury or loss to any property caused, directly or indirectly, in whole or in part, by
CONTRACTOR, any Subcontractor, Supplier or anyone directly or indirectly employed by any of
them or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR
at his sole cost.
CONTRACTOR shall comply with all applicable Laws and Regulations of any governmental entity
having jurisdiction for the safety of persons or property or to protect them from damage, injury or
loss including, but not limited to, OSHA (Public Law 91-596) and the Contract Work Hours and
Safety Standards Act (Public Law 91-54); and shall erect and maintain all necessary safeguards
for such safety and protection. CONTRACTOR shall designate a responsible member of his
organization at the site whose duties shall be preventing accidents and insuring compliance with
all applicable safety regulations. This person shall be CONTRACTOR's Superintendent unless
otherwise designated in writing by CONTRACTOR to COUNTY.
At all times CONTRACTOR shall, and shall cause his Subcontractors and Suppliers to, carefully
protect its and their Work, materials, equipment, and supplies against damage or injury from the
weather. If in the opinion of PROJECT MANAGER any of the above has been damaged or injured
by reason of failure on the part of CONTRACTOR, any Subcontractor or Supplier to perform
according to the requirements of this provision, said Work, Materials, Equipment and supplies
shall be removed and replaced at the expense of CONTRACTOR.
CONTRACTOR shall notify PROJECT MANAGER of any job site injuries at the Project site.
Serious injuries shall be verbally reported to the PROJECT MANAGER within two (2) hours of
occurrence of the incident. CONTRACTOR shall submit a written report of each serious injury to
PROJECT MANAGER within twenty-four (24) hours of occurrence of the incident.
CONTRACTOR shall prepare injury reports regardless of whether the injury is to the
CONTRACTOR's personnel, subcontractors, COUNTY personnel or other persons.
Emergencies. In emergencies affecting the safety or protection of persons or the Work or
property at the site or adjacent thereto, CONTRACTOR, without special instruction or
authorization from PROJECT MANAGER or COUNTY, is obligated to act to prevent threatened
damage, injury or loss. CONTRACTOR shall give COUNTY prompt written notice if
CONTRACTOR believes that any significant changes in the Work have resulted because of the
action taken in response to an emergency. If COUNTY determines that changes are required,
COUNTY shall authorize the changes by written Change Order. If the emergency was not due to
the fault or negligence of CONTRACTOR, or any Subcontractor or Supplier or anyone for whose
acts any of them may be liable and the changes cause an increase or decrease in
CONTRACTOR's cost or the time required to perform any part of the Work, COUNTY shall make
an adjustment in Contract Time.
Continuing the Work. CONTRACTOR shall carry on the Work and maintain the Progress
Schedule during all disputes or disagreements with COUNTY. No Work shall be delayed or
postponed pending resolution of any disputes or disagreements, except as CONTRACTOR and
COUNTY may otherwise agree in writing. Suspension of the Work by CONTRACTOR during any
dispute or disagreement with COUNTY shall entitle COUNTY to terminate the CONTRACT for
cause, except as otherwise provided in Section 15.
Responsibility for Coordinating and Connecting to Existing Services and Utilities. At all
points where the Work constructed by CONTRACTOR connects to existing utilities and services,
the actual Work of making the necessary connection to the existing service or utility shall be
arranged for and coordinated by CONTRACTOR at no expense to COUNTY (unless specifically
indicated otherwise). Services and utilities included within (but not limited to) this responsibility
are roadways, sidewalks, driveways, ditches, electrical, lighting, sanitary sewer, mechanical, fire
suppression, water distribution, gas, plumbing, communications, data, phone, storm water, etc.
Connections shall be made at a time that will result in the least possible interference with existing
services.
Storage of Materials. Materials shall be so stored as to insure the preservation of their quality,
color, and fitness for the Work and shall be so located as to facilitate prompt inspection, and to
minimize noise impacts on sensitive receivers. Materials improperly stored may be rejected
without testing. Materials or equipment shall not be stored under the canopy or within the 'drip
line' of any trees without prior approval by the Project Manager.
The insurance, protection and security of stored materials shall be the sole responsibility of the
CONTRACTOR. The COUNTY shall not be liable or at risk for any loss of materials due to theft,
weather, negligence, nor for any damages to the stored materials.
Defective Materials. Materials which are or have been improperly stored. All such materials,
whether in place or not, will be rejected and shall, unless otherwise permitted by the PROJECT
MANAGER, be removed immediately from the site of the Work and from the CONTRACTOR's
storage areas, at the CONTRACTOR's expense. No rejected material, the defects of which have
been subsequently corrected, shall be used until approval has been given. Upon failure on the
part of the CONTRACTOR to comply promptly with any order of the PROJECT MANAGER made
under the provisions of this Section, the PROJECT MANAGER shall have authority to remove
and replace defective material and to deduct the cost of removal and replacement from any
moneys due or to become due the CONTRACTOR.
CONTRACTOR's Responsibility for Work. Until acceptance of the Work by the COUNTY it shall
be under the charge and custody of the CONTRACTOR and he shall take every necessary
precaution against injury or damage to the Work by the action of the elements or from any other
cause whatsoever, arising either from the execution or from the non -execution of the Work, The
CONTRACTOR shall rebuild, repair, restore and make good, without additional compensation, all
injury or damage to any portion of the Work occasioned by any of the above causes before its
completion and acceptance except that in case of catastrophic damage the COUNTY may, at its
discretion, reimburse the CONTRACTOR for the repair of such damage due to unforeseeable
causes beyond the control of and without the fault or negligence of the CONTRACTOR including,
but not restricted to, Acts of God, of the public enemy or of governmental authorities.
Interferences. The CONTRACTOR shall at all times conduct the Work in such manner and in
such sequence as to insure the least practicable interference with County employees,
pedestrian/visitor traffic due to County business and vehicular traffic. The CONTRACTOR's
vehicles, personnel, materials and equipment shall be operated in such a manner that they will
not be a hazard or hindrance to daily operations and performance of County business.
Coordination with other Contractors. The CONTRACTOR shall coordinate and arrange his
Work and dispose of his Materials so as not to interfere with operations of other contractors
engaged upon adjacent work and to join his Work to that of others in a proper manner, In
accordance with the spirit of the Plans or Specifications, and to perform his Work in the proper
sequence in relation to that of other contractors. Each contractor shall be responsible for any
damage done by him or his agents to the work performed by another contractor.
Final Cleaning Up of Job Site. Upon completion of the Work, and before Acceptance and Final
Payment will be made, the CONTRACTOR shall remove from the COUNTYs job site and
adjacent property all false Work, Equipment, surplus and discarded Materials, rubbish and
temporary structures; CONTRACTOR shall restore in an acceptable manner all property, both
public and private, which has been damaged during the prosecution of the Work, and shall leave
all waterways and drainage facilities unobstructed.
SECTION 4 - WORK BY OTHERS
Related Work At Site. COUNTY may perform other work at the site by COUNTY's own forces,
provide for or allow other work to be performed by other owners, or let others direct contracts for
other work. If the fact that such other work is to be performed was not noted in the Contract
Documents, written notice thereof will be given to CONTRACTOR prior to starting any such other
work.
if COUNTY contracts with others for the performance of other work at the site, the CONTRACTOR
shall be responsible for coordination of the activities among the various contractors. Coordination
with other contractors will be the sole responsibility of CONTRACTOR and neither COUNTY nor
PROJECT MANAGER shall have any authority or responsibility with respect to such coordination.
Extensions in Contract Time. If CONTRACTOR is delayed at any time in performing or
furnishing the Work by any act or neglect of another contractor or entity performing work at the
site noted in the Contract Documents, CONTRACTOR may request an extension or adjustment
in Contract Time and if COUNTY agrees that the delay requires an adjustment in Contract Time,
COUNTY shall authorize the necessary extension of Contract Time. However, an extension in
Contract Time(s), if so granted, shall be CONTRACTOR's sole and exclusive remedy with respect
to COUNTY, for any delay, disruption, interference, inefficiency, extension, constructive
acceleration or hindrance and associated costs, however caused, resulting from delays caused
by others performing other work at the site.
Contract Time Coordination. CONTRACTOR shall give prompt written notice to COUNTY,
PROJECT MANAGER and any other affected contractor(s) whenever CONTRACTOR anticipates
a conflict in Contract Times) related to or simultaneous with associated Contract Time (s) in the
work of others.
When Work is performed out of sequence and ahead of interfacing Work, CONTRACTOR shall
be responsible for taking reasonable steps to minimize damage or loss to the Work which may be
caused by others during the performance of their work, including (but not limited to) furnishing
written notice to PROJECT MANAGER and to the other contractors that Work has been
performed out of sequence and ahead of interfacing Work.
When work by others is performed out of sequence and ahead of interfacing Work, the said work
shall be considered as if it had been shown on the Contract Documents. CONTRACTOR shall be
responsible for protecting said work and shall replace, repair or otherwise settle with others any
and all damage caused as a result of the performance of Work out of sequence.
SECTION 5 - PROJECT MANAGER'S STATUS DURING CONSTRUCTION
COUNTY'S Representative. PROJECT MANAGER will be COUNTY's representative during the
construction of the Work. The duties and responsibilities and the limitations of authority of
PROJECT MANAGER as COUNTY's representative during construction are set forth in the
Contract Documents and shall not be extended without written consent of COUNTY and
PROJECT MANAGER.
Visits to Site. PROJECT MANAGER will make visits to the site at intervals appropriate to the
various stages of the Work to observe the progress and quality of the executed Work and to
determine, in general, if the Work is proceeding in accordance with the Contract Documents.
Project Representation. COUNTY may designate another agent to represent COUNTY at the
site who is not the PROJECT MANAGER or its agent or employee.
Duties, Responsibilities and Limitations of Authority of PROJECT MANAGER. The
PROJECT MANAGER will perform the duties and responsibilities described herein. PROJECT
MANAGER shall generally issue all communications to CONTRACTOR including but not limited
to communications directed to CONTRACTOR from COUNTY. CONTRACTOR shall generally
issue all communications to COUNTY through PROJECT MANAGER
PROJECT MANAGER will provide instructions on procedures to be followed and schedule
inspections of the Work; review daily inspection reports prepared; prepare documents as required
and review them with COUNTY, as applicable.
PROJECT MANAGER will attend meetings with CONTRACTOR, such as the Preconstruction
Conference, Project Meetings and any other Project related meetings and prepare and circulate
copies of minutes thereof. The preparation and circulation of minutes of preconstruction
conferences, Project meetings and any other Project related meetings shall not relieve
CONTRACTOR of CONTRACTOR's responsibility to coordinate the work of the COUNTY, utility
contractors, or the work of others or the CONTRACTOR's responsibility for scheduling and
sequencing its Work with the work of the COUNTY, utility contractors or the work of others.
PROJECT MANAGER will conduct general on-site observations of the Work in progress and will
observe for non-conformance reports to determine if the Work is proceeding in accordance with
the Contract Documents.
PROJECT MANAGER will notify CONTRACTOR of disapproval or rejection of defective Work
and will notify CONTRACTOR whether Defective Work is to be corrected, or replaced.
PROJECT MANAGER will accompany visiting inspectors representing governmental or other
agencies having jurisdiction over the Project, and record the results of the inspections.
PROJECT MANAGER will transmit to CONTRACTOR clarifications and interpretations as issued
by the COUNTY.
PROJECT MANAGER will report promptly to COUNTY upon gaining knowledge of the occurrence
of any accident at the site.
PROJECT MANAGER will prepare reports of the progress of the Work and of CONTRACTOR's
compliance with the Progress Schedule.
PROJECT MANAGER will consult as appropriate with COUNTY's staff in advance of scheduled
major tests, inspections or the commencement of important phases of the Work.
PROJECT MANAGER will review and evaluate CONTRACTOR's Application for Payment and
advise COUNTY staff accordingly.
PROJECT MANAGER will review and evaluate CONTRACTOR's notice that CONTRACTOR
considers the Work (or part thereof) substantially complete and advise COUNTY staff accordingly.
PROJECT MANAGER will observe whether all items on lists of items to be completed prior to
Final Payment have been completed and make recommendations to COUNTY concerning
Acceptance.
During the course of the Work, the PROJECT MANAGER will verify that certificates, maintenance
and operation manuals and other data required to be assembled and furnished by
CONTRACTOR are applicable to the items actually installed.
Clarifications and Interpretations. PROJECT MANAGER will issue with reasonable
promptness such written clarifications or interpretations of the requirements of the Contract
Documents as PROJECT MANAGER may determine necessary, which shall be consistent with
or reasonably inferable from the overall intent of the Contract Documents.
Authorized Variations in Work. PROJECT MANAGER may authorize minor variations in the
Work from the requirements of the Contract Documents which do not involve an adjustment in
the Contract Price or the Contract Time and are consistent with the overall intent of the Contract
Documents and required to produce the intended result. These may be accomplished by a Field
Order and will be binding on CONTRACTOR who shall perform the Work involved promptly.
Rejecting Defective Work. PROJECT MANAGER will have authority to disapprove or reject
Work at any time during the construction of the Work, which PROJECT MANAGER believes to
be Defective. PROJECT MANAGER will also have authority to require special inspection or
testing of the Work, whether or not the Work is fabricated, installed, or completed. When
CONTRACTOR has been notified by PROJECT MANAGER of disapproval or rejection of
Defective Work, CONTRACTOR shall take immediate action to correct or replace same.
Notice to Cure - If the County determines the Work is defective or deficient; if the Contractor falls
to supply sufficient skilled workers or suitable materials or equipment; if the Contractor fails to
make prompt payments to Subcontractors for labor, materials or equipment; if the work is not
progressing in a safe, orderly or well coordinated manner, or if the general progress and/or quality
of the work is not adequate to ensure continuation or completion of the work In accordance with
the Contract completion time requirements, then the Purchasing and Contracts Division shall
issue a notice to cure, giving the Contractor a specific period of time (1) in which to submit to the
Project Manager a written Plan of Action including a schedule setting forth a plan by which the
deficiencies will be corrected, and (2) a specific period of time in which to correct the deficiencies.
If the Contractor does not submit a Plan of Action to indicate how and when the deficiencies
indicated in the notice to cure will be cured within the specified time frame that is acceptable to
the Project Manager, and if those deficiencies are not corrected within that time frame, then the
County shall take further action, up to and including Contract termination. The Contractor shall
not be entitled to any delay claims as a result of the County's issuance of the notice to cure.
SECTION 6 — CHANGE OF CONTRACT AMOUNT, DELAYS AND EXTENSION OF TIME
Contract Amount. The Contract Amount constitutes the total compensation payable to the
Contractor for performing the Work. All duties, responsibilities and obligations assigned to or
undertaken by the Contractor shall be at his expense without change in the Contract Amount. The
Contract Amount may only be changed by written Change Order issued by the County.
County Obligation. The County owes no duty, obligation, damages, change in Contract Amount,
or liability to Contractor as a result of any delay, interference, suspension or other event which
may impact Contractor's progress schedule of its contract.
Extension of Time Sole Remedy. Should Contractor's performance, in whole or in part, be
interfered with, delayed, re -sequenced, disrupted, or be suspended in the commencement,
prosecution or completion, for reasons beyond Contractor's control, and Without any fault or
negligence on its part contributing thereto, Contractor's sole remedy shall be an extension of
Contract Time in which to complete the Contract.
Contract Time Extension. The County may grant an extension of Contract Time when a
controlling item of work on the critical path of Contractor's progress schedule is delayed by factors
not reasonably anticipated or foreseeable at the time of bid. Such time extension may be allowed
only for delays occurring during the time for performance set forth in the progress schedule.
Extensions of Contract Time Will not be granted for delays due, in whole or in part, to the fault or
negligence of Contractor or any entity or person for whom Contractor is responsible.
SECTION 7 - SCHEDULES
Schedules. Proiect Schedule Definitions:
a) Work Activities - The significant events of the Project. All significant work activities must
be identified in sufficient detail to track work activity progress towards completion and
consequentially, the completion of the Project
b) Start Date and Finish Date - The dates a work activity will begin and will be completed.
C) Duration - The length of time it takes for a work activity to be completed, from Start Date
to Finish Date.
d) Sequence - The order in which a group of work activities must be completed. This includes
work activities that are done concurrently (at the same time), sequentially (must finish one
before starting the next) or overlap (may start one before finishing the other).
e) Critical Path - The complete sequence of work activities whose accumulative duration
determines the length of time needed to complete the entire Project from NTP to Final
Completion.
f) Critical Path items - The work activities on the Critical Path.
g) Controlling Work Items — Those activities that are either critical path or indirectly
influences the critical path. Such as a controlling work item provided by the Owner.
h) Float Time - The duration of a work activity that is not on the Critical Path which could be
delayed without affecting the date of Substantial Completion. Time and conditions for Float
Time shall be clearly established in the Contract Documents.
CONTRACTOR shall prepare and submit for COUNTY's review a time scaled Project Schedule
with a Critical Path (CPM). The Project Schedule shall show the sequence in which
CONTRACTOR proposes to accomplish the Work. The Project Schedule shall clearly depict the
order, interdependence, duration, and installation man -days by craft of each Work activity. The
Project Schedule shall show all of the Work activities to be completed and the accumulative
duration of the Critical Path leading to each Substantial and Final Completion. Beginning with the
Purchase Order and ending with the date of Final Completion, the duration of the Project
Schedule's Critical Path shall comply with the Contract Time and shall meet the Contract
Agreement.
Warranty and Guarantee. CONTRACTOR warrants and guarantees that all Work will be in
accordance with the Contract Documents and will not be Defective. All Defective work, whether
or not in place, may be rejected, corrected or accepted as provided in this Section. The obligations
of CONTRACTOR under this subsection shall be in addition to and not in limitation of any
obligation imposed upon him by special guarantees required by the Contract Documents or
otherwise prescribed by Laws or Regulations.
Access to Work. COUNTY'S PROJECT MANAGER shall be permitted access to the Work for
their observation, inspection and testing. CONTRACTOR shall provide proper and safe conditions
for such access.
Tests and Inspections. CONTRACTOR shall give PROJECT MANAGER timely notice of
readiness of the Work for all required inspections, tests or approvals. Inspections, tests or
observations by PROJECT MANAGER may be performed at their discretion to provide
information to the COUNTY on the progress of the Work. However, such information is not
intended to fulfill the CONTRACTOR's obligations in accordance with the Contract Documents.
If any law, ordinance, rule, regulation, code or order of any public body, government entity or court
having jurisdiction requires any Work (or part thereof) to specifically be inspected, tested or
approved, CONTRACTOR shall assume full responsibility therefore, pay all related costs,
schedule related activities at appropriate times, and furnish PROJECT MANAGER the required
certificates of inspection, testing or approval. CONTRACTOR shall also be responsible for and
shall pay all costs, in connection with any inspection or testing required in connection with
COUNTY's or PROJECT MANAGER's acceptance of a proposed manufacturer, fabricator,
supplier or distributor of materials or equipment proposed to be incorporated in the Work, or of
material or equipment submitted for approval prior to CONTRACTOR's purchase thereof for
incorporation of the Work. All inspections, tests or approvals shall be performed by persons or
organizations acceptable to COUNTY and PROJECT MANAGER.
Neither observations by PROJECT MANAGER or COUNTY nor inspections, tests or approvals
by others shall relieve CONTRACTOR from his obligations to perform the Work in accordance
with the Contract Documents and Building Code Requirements.
If any testing, inspection or approval under this subsection reveal Defective Work,
CONTRACTOR shall not be allowed to receive any associated costs and COUNTY shall be
entitled to deduct from the Contract Price, by issuing a Change Order, COUNTY's costs arising
out of the Defective Work, including costs of repeated procedures, compensation for PROJECT
MANAGER's services and other related costs.
Final Inspection. Upon written notice from the Contractor that the Work is complete, including
the "punch" listed deficiencies, the Project Manager will make a final inspection with the
Contractor and will notify the Contractor in writing of any particulars in which this inspection
reveals that the Work is defective. The Contractor shall immediately make such corrections as
are necessary to remedy such defects and to complete all the required work.
Final Inspection for Payment. After the Contractor has completed any such corrections to the
satisfaction of the Project Manager and delivered all maintenance and operating instructions,
schedules, guarantees, Certificates of Inspection and other documents as required by the
Contract Documents, he may make application for final payment.
Correction or Removal of Defective Work. CONTRACTOR shall promptly, without cost to
COUNTY and as specified by PROJECT MANAGER, either corrects any defective Work, whether
or not fabricated, installed or completed, or, if the Work has been rejected by PROJECT
MANAGER, remove it from the site and replace it with conforming Work. The CONTRACTOR
shall bear the cost of repairing or replacing all Work and property of the COUNTY or others
destroyed or damaged or in any way impacted by such correction or removal.
Contractor's Continuing Obligation. The Contractor's obligation to perform the Work and
complete the Work in accordance with the Contract Documents shall be absolute. Neither
approval of any progress or final payment by the County, the issuance of Certificate of
Completion, any payment by the County to the Contractor under the Contract Documents, any
use or occupancy of the Work or any part thereof by the County, any act of acceptance by the
County, any failure to do so, nor any correction of defective Work by the County shall constitute
an acceptance of Work not in accordance with the Contract Documents.
SECTION 9 • SUSPENSION OF WORK AND TERMINATION
The COUNTY May Stop the Work. if the Work is Defective and the CONTRACTOR has been
notified by PROJECT MANAGER or COUNTY, or if CONTRACTOR fails to perform the Work in
compliance with the Contract Documents, or if CONTRACTOR fails to furnish or perform the Work
in such a way that the completed Work will conform to the Contract Documents, or suitable
Materials or Equipment, or if CONTRACTOR fails to obtain, maintain or renew insurance in
conformance with the Contract Documents in a form acceptable to COUNTY, or if any insurance
company CONTRACTOR has obtained insurance from declares bankruptcy or is declared
bankrupt, or if CONTRACTOR fails to prosecute the Work without endangering persons or
property, COUNTY may order CONTRACTOR to stop the Work, or any portion thereof, until the
cause for such order has been eliminated. COUNTY's order to stop the Work may be
communicated through PROJECT MANAGER or by COUNTY. This right of COUNTY to stop the
Work shall not give rise to any duty on the part of COUNTY or PROJECT MANAGER to exercise
this right for the benefit of CONTRACTOR or any other party. CONTRACTOR shall bear all direct,
indirect, and consequential costs of such order to stop the Work (including but not limited to fees
and charges of PROJECT MANAGER, attorneys and other professionals, any additional
expenses incurred by COUNTY due to delays to others performing Work under a separate
contract with COUNTY, and other obligations), and CONTRACTOR shall further bear the
responsibility for maintaining the Progress Schedule and shall not be entitled to any extension of
Contract Time or increase in the Contract Price. COUNTY shall be entitled to deduct any
expenses so incurred from the Contract Price by issuing a Change Order.
SECTION 10 - MISCELLANEOUS
Giving Notice. Whenever any provision of the Contract Documents requires the giving of written
notice it shall be deemed to have been validly given as of the time of actual delivery if delivered
in person; or if it is delivered by registered mail, at the actual time of delivery.
Written notice to be delivered to COUNTY or PROJECT MANAGER or to any of its
representatives by CONTRACTOR shall be delivered at the office stated in the Agreement, unless
otherwise specified in writing to CONTRACTOR. Written notice to CONTRACTOR by COUNTY
or PROJECT MANAGER shall be delivered to the individual or member of the firm or to an officer
of the corporation for whom it is intended at the office stated in the Agreement, or such other office
or individual designated by CONTRACTOR in writing to COUNTY.
Claims for Injury or Damage to Person or Property. Should COUNTY or CONTRACTOR suffer
injury or damage to person or property because of any error, omission or act of the other party or
of any of the other party's employees or agents or others for whose acts the other party is legally
liable, claim will be made in writing to the other party within a reasonable time from the first
observance of such injury or damage. This provision shall not be construed as a substitute for or
a waiver of the provisions of any applicable statute of limitations or repose.
Pio Conflict with Laws or Regulations. The duties, obligations, criteria or procedure imposed
by these General Conditions and the rights and remedies made available are in addition to, and
are not to be construed in any way as a limitation of any rights and remedies available to any or
all of them which are otherwise imposed or available by Laws or Regulations, except that in the
event that a specific part or detailed requirement of a provision, criterion or procedure in these
General Conditions and a specific part or detailed requirement of a provision, criterion or
procedure imposed or available by Laws or Regulations are in conflict the specific part or detailed
requirement of Laws and Regulations shall govern. All other specific parts or detailed
requirements in the provisions, criteria or procedures of the applicable Laws or Regulations and
these General Conditions not in conflict shall remain in full force and effect and be read with the
controlling specific part or detailed requirement.
The provisions of this subsection will be as effective as if repeated specifically in the Contract
Documents in connection with each particular duty, obligation, right and remedy to which they
apply.
Each and every provision of law and clause required by law to be inserted in the Contract
Documents shall be deemed to be inserted therein and the Contract shall be read and enforced
as though it were included therein.
Partial invalidity. If any provision of this contract is held by a court of competent jurisdiction to
be invalid or unenforceable, such invalidity or unenforceability shall not affect the other parts of
this Agreement if the rights and obligations of the parties contained herein are not materially
prejudiced and if the intentions of the parties can continue to be effectuated. To that end, this
Agreement is declared severable.
ORID85-86-oaAF%LFGM M OMOCK:FLDERAASALESAJSE.137084C0 rdofCountyCOMMISSIoes A"FEL SALES596000856
MW FJM TO MS MER NUMM
PURCHASE ORDER [
V 1 -7.- -
E ORDER INQUIRIES
N PURCHASING AND CONTRACT DIVISION
D 1301 EAST SECOND STREET
0 EXHIBI"01"B SANFORD FLORIDA 32771
PHONE 407 665.71181 FAX IAn7to,
ANALYST I --
R
DELIVERY
ORDER IS SUBJECT TO
SU BW ALL INVOICES IN DUPLICATE TO:
CLERK - B.C.C. FINANCE DIVISION
POST OFFICE BOX $0110
SANFORD, Fl. 32772
Accts. Payable Inqukies - Phone (407) 665 7656
Terms and Conditions
I. Acceptance/Entire Agreement, This Purchase Order ("POJ is entered coverage or by any provision in or exclusion or omission from any policy of
into between Seminole County, Florida ("County") and the Supplier insurance.
referenced herein (individually, referred to as "Party," and collectively, 9. insurance. Supplier, at its sole expense, shall maintain insurance
"Parties'). By accepting this PO, Supplier accepts all Terms and Conditions coverage acceptable to Courtly. All policies must name County as an
contained herein. This PO, including specifications and drawings, 9 any, additional insured. All Insurance Certificates must be provided to the
and referenced documents, such as solicitations and responses constitutes Purchasing and Contracts Division within ten (10) days of request. Supplier
the entire agreement between the Parties. Whenever terms and conditions shall notify County, in writing, of any cancellation, material change, or
of Main Agreement if any, conflict with any PO issued pursuant to Main alteration to Supplier's Certificate of Insurance.
Agreement Main Agreement will control. 10. Modifications. PO may be modified or rescinded in writing by County.
2. Inspection. Notwithstanding any prior payment or inspection, all 11. Material Safety Data Sheets. At time of delivery, Supplier agrees to
goods/services are subject to inspection/rejection by County at any time, provide County with a current Material Safety Data Sheet for any hazardous
inckidktg during manufacture, construction or preparation. To the extent a chemicals or toxic substances, as required by law.
PO requires a series of performances by Supplier, County reserves right to 12. Pricing. Supplier agrees that pricing Included on PO shall remain firm
cancel remainder of PO if goods/services provided during the term of PO through and until delivery of goods and/or completion of services, unless
are non -conforming or otherwise rejected. Without limiting any rights otherwise agreed to by the Parties in writing.
County may have, County, at its sole option, may require Supplier, at 13. Invoicing & Payment. After delivery of goods/services by Supplier and
Supplier's expense to: (a) promptly repair or replace arty or all rejected acceptance by County, Supplier shall submit a properly certified invoice to:
goods, or to cure or re -perform any or all rejected services; or (b) refund Seminole County Clerk of Court and Comptroller, P.O. Box 8080, Sanford,
price of any or all rejected goods or seryices. All rejected goods will be held Florida 32772. Invoices must be billed at pricing stipulated on PO and mint
for Supplier's prompt inspection at Supplier's risk. Nothing contained in PO include County's Order Number. Thereafter, all payments and interest on
will relieve Supplier's obligation of testing, inspection and quality control.
any late payments will be paid in compliance with Florida Prompt Payment
3. Packing & Shipping. Unless otherwise specified, all goods must be Act, §218.70, Florida Statutes.
packed, packaged, marked and prepared for shipment in a manner that is: 14. Taxes. County is exempt from Florida sales tax, federal taxes on
(a) in accordance with good commercial practice; (b) acceptable to transportation charges and any federal excise tax. County will not
common carriers for shipment at the lowest rate for the particular good; (c) reimburse Supplier for taxes paid.
in accordance with local, state, and federal regulations; and (d) protected 15. Termination. County may terminate PO, in whole or in part, at any time,
against weather. Supplier must mark all containers with necessary lifting,
either for Couitly's convenience or because of Supplier's failure to fulfill its
handing, shipping information, PO number, date of shipment and the name
obligations render PO, by written notice to Supplier. Upon receipt of written
of the consignee and consignor. An itemized packing sheet must
notice, Supplier must discontinue all defiveries affected unless written
accompany each shipment.
4. Delivery; Risk of Loss. All goods are FOB destination, and risk of loss will
notice directs otherwise. In the event of termination, County will be liable
orgy for materials procured, work coripieted or services rendered or
remain with Supplier until delivery by Supplier and acceptance by Courtly.
supplies partially fabricated, within the authorization of PO. in no event will
Goods delivered by Supplier that are damaged, defective, or otherwise fail
to conform to PO may be rejected by Courtly or help by County at Supplier'
County be liable for incidental or consequential damages by reason of such
termination.
s risk and expense. Courtly may charge Supplier for cost(s) to inspect,
unpack, repack, store and re -ship rejected goods.
16, Equal Opportunity Employer. County is an Equal Employment
Opportunity (`EEO') employer, and as such, requires all Suppliers to
5. Delivery of Excess Quantities. if Supplier delivers excess quantifies of
goods without prior written authorization from Country, excess quantifies of
comply with EEO regulations with regards to race, color, religion, sex,
national origin, age, disability or genetic information, as may be applicable
goods may be returned to Supplier at Supplier's expense.
to Supplier. Arty subcontracts entered into, as authorized by County, must
6. Time is of the Essence. Time is of the essence for delivery of goods
make reference to this clause with the same degree of application being
/services under PO. Failure to meet delivery schedules or deliver within a
encouraged.
reasonable time, as determined by County, entities Courtly to seek all
17. Assignment. Supplier may not assign, transfer, or subcontract PO or
remedies available at law or in equity. County reserves right to cancel any
PO and procure goods/services elsewhere if delivery is not timely. Supplier
any right or obligation under it without County's written consent. Arry
purported assignment, transfer, or subcontract will be null and void.
agrees to reimburse County for all costs incurred in enforcing its rights.
Failure of County to cancel PO, acceptance, or payment will not be deemed
18. Venue & Applicable Law. The laws of the State of Florida govern
validly, enforcement, and interpretation of PO. The sole jurisdiction
a waiver of County's right to cancel remainder of PO. Delivery date or time
in PO may be extended if Supplier provides a written request in advance of
and
venue for any legal action in connection with PO will be in the courts of
Seminole County, Florida.
originally scheduled delivery date and time and County agrees to delayed
19. Fiscal Non -Funding. In the event sufficient budgeted funds are not
delivery in writing prior to originally scheduled delivery date and time.
available for payment to Supplier for a new fiscal period, County shaft notify
7. Warranties. Supplier warrants to County that all goods/services covered
by PO conform strictly to specifications, drawings or samples specified or
Supplier of such occurrence and PO will terrgnate on the last day of the
current fiscal period without penalty or expense to County.
furnished by County, and are free from: (a) defects in title; and (b) latent or
patent defects in material or workmanship. If no quallty is specified by
20. Public Records. Supplier acknowledges that PO and any related
financial records, audits, reports, plans, corespoMence
County, Supplier warrants to County that goods/services are of the best
grade of their respective kinds, meet or exceed applicable standards for
and other
documents may be subject to disclosure to members of the public pursuant
to Chapter 119, Florida Statutes. Supplier shall maintain all public records
industry represented, are merchantable (as to go0s)-and are fit for County'
and, upon request, provide a copy of requested records'arailow records to
s particular purpose. Supplier warrants.that at the time County accepts the
be inspected within a reasonable time. Supplier. shall afso_ensure that any
goods/services, the goods/services will h,Tg�_-_been produced, sold,
delivered and furnished in strict compliance with a[ -Wlicable federal and
public records that are exempt or confidenfiaf frbjti_disclosure are not
disclosed except as authorized by law. in. everg Sp pferails to abide by
state laws, regulations, ordinances, rules, labor agreements and working
conditions to which goods/services are subject. Supplier warrants the fide to
.
provisions of Chapter 119, Florida Statutes, County may, without prejudice
to any other right or remedy and after giving Supplier seven (7) days written
goods furnished under PO is valid, transfer of such tide to County is rightful
and goods are free of any claims or liens of any nature whatsoever,
notice, during which period Supplier still faits to allow access to such
documents, terminate PO. IF SUPPLIER HAS QUESTIONS REGARDING
whether rightful or otherwise, of any person, corporation, partnership or
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO SUPPLIER'
association. All applicable manufacturers' warranties must be furnished to
County at time of delivery of goods or completion of service. All warranties
S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO PO, CONTACT
CUSTODIAN OF PUBLIC RECORDS AT:
are cumulative and are in addition to any other express or implied
407-665-7116,
PURCHOSEMiNOLECOUNTYR.GOV,
warranties provided by law.
8. indemnification, To the fullest extent permitted by law, Supplier assurnes
PURCHASING AND CONTRACTS DIVISION, 1301 E. SECOND STREET,
any and all liability for damages, breach of P0, loss or injury of any kind or
nature whatsoever to persons or property caused by, resulting from or
SAN FORD, FL 32771.
21 FR
Rightto Audit Records. County will be entitled to audit the books and
related to the goods/services provided under PO. To the fullest extent
records of Supplier to the extent that the books and records relate to this
permitted by law, Supplier shall indemnify and hold harmless County, its
P0. Supplier must maintain books and records relating to this PO for a
commissioners, officers, employees and agents from and against any and
all claims, damages, demands, lawsuits, losses, costs and expenses,
period of three (3) years from the date of final payment under the PO,
unless the County authorizes otherwise in writing.
including attorneys' fees, patent, copyright or trademark infringement,
22• Severability. if any section, sentence, clause, phrase or portion of PO
judgments, decrees of whatsoever nature which County may incur as a
are, for any reason, held invalid or unconstitutional by any court of
result of claims, demands, lawsuits or causes of action of any kind or nature
competent jurisdiction, such portion will be deemed separate, distinct, and
arising from, caused by or related to goods/services furnished by Supplier,
independent and such holding will not affect validity of remaining portion of
its officers, employees, agents, partners, principals or subcontractors.
Remedies afforded to Courtly by this section are cumulative with and in no
23. Headings & Captions. Ad headings and captions contained in PO are
way affect any other legal remedy County may have under PO or at law.
Supplier's obligations under PO must not be limited by any insurance
provided for convenience only, do not constitute a part of PO, and may not
be used to define, describe, interpret or construe any provision of PO.
Rev. 4/2020
EXHIBIT C
SUBMIT BIDS TO:
INVITATION FOR BID
Seminole County
1301 East 2nd Street
And
Sanford, Florida 32771
Bidder Acknowledgment
Attn: PURCHASING & CONTRACTS (PCD)
I Contact: Betsy J. Cohen, CPM, CPPO
Procurement Administrator
TERM CONTRACT FOR VARIOUS MINOR
Phone: 407-665-7112
CONSTRUCTION, RENOVATION, REPAIR,
Email: bcohenoseminolecountvfl.clov
AND ALTERATION OF STRUCTURAL
AND NON-STRUCTURAL PROJECTS
WITH A VALUE LESS THAN $1 OOK EACH
Due Date:
June 10, 2020 at 2:00 PM (Eastern Standard Time)
Location of Public Opening:
PurchasinA & Contracts Division, 1301 East 2nd Street, Sanford, FL 32771
Proposer Name:
Federal Employer ID Number:
Godeqava eckouitirs Cor?
?W -3t&4702 -
Mailing Address:
If returning as a "No Submittal". state reason
(if so, return only this Page);
City, State, Zip:
�oano6 EL 317C6
Type of Entity (C!Vc'l'e one)* '
The undersigned Bidder hereby
Partnership Proprietorship Joint Venture
acknowledges receipt of Addenda
Incorporated in the State of:
Numbers 0 through 0
List of Principals: CLQJA?,QJ'4
Authorizid Sbnature (Manual) Date
Email Address:00aitlakiv
Typed Name:
Fax Number:
Date: Cf lot IZO24
THIS FORM MUST BE COMPLETED AND RETURNED WITH WRITTEN BID
The Bidder isexpected bo completely analyze the information contained in this Invitation for Bid
(I FB) an guidance for the preparation oftheir written submittal. The Bidders written bid should bm
apeuific, detaUed, and complete in order to clearly and fully demonstrate the Bidder's
understanding ofthe requested work and/or delivery requirements.
16
Part 4
Price Submittal
IFB-603836-20/BJC -- Term Contract for Various Minor Construction, Renovation, Repair,
and Alteration of Structural and Non -Structural Projects with a value less than $100K
each
Name of Bidder:
Mailing Address:
Street Address:
•
�.
Contractor's Project Manager: �( Cvtl(tSS
Phone Number: •`bWO Cell Number: 6-o
E -Mail Address: 5 bWt C4V 1' YQ(X-k (S -CO I'V1
Emergency Contact (Other than Project Manager): Jayea
Phone Number: ( ) sy Cell Number: (y
Pursuant to and in compliance with the IFB Documents, the undersigned Bidder agrees to provide and
furnish any and all of the labor, material, and tools, equipment, incidentals and transportation services
necessary to complete all of the Work required in connection with the required services/commodities all
in strict conformity Bid Documents for the amount hereinafter set forth. The undersigned, as Bidder,
declares that the only persons or parties interested in this bid as principals are those named herein; that
this bid is made without collusion with any person, firm or corporation; and he proposes and agrees, if the
bid is accepted, that he/she will execute a Term Contract with the COUNTY in the form set forth in the
Contract Documents; that he/she will furnish the Insurance Certificates.
The Rates shall include:
General Administrative Overhead, fringe and benefits and profit, all documentation required
for operation, deliveryAransportation of unit(s) to the County's service delivery address,
indirect costs, i.e., insurance, etc., indirect labor costs.
Travel time or costs associated with transportation between the Contractor's site and job
site are not reimbursable. Out of state travel of any kind will not be reimbursed or allowed.
IFB-603836-20/BJC — Miscellaneous Construction Projects less than $100K
a
is
Bidder must provide the following price schedule. Bidder must attached additional pages if necessary.
Construction and
Maintenance -
Labor CategoryHour
Working Business
Hours per Hour
Working Business
Hours per pay
Non -Working
Business Hours per
Non -Working Business
Hours per Clay
Carpentry
$52.00 /Hour
$416.00 /Day
$63.00 !Hour
$504.00 /Day
Finish Wood
Working
$55.00 !Hour
$ /Day
$ /Hour
$528.00 /Day
Plumbing
$ /Hour
$ /Day
$66.00 /Hour
$528.00 /Day
Electric
$55.00 /Hour
$440.00 /Day
$66.00 /Hour
$528.00 /Day
Concrete and
Masonry
$ /Hour
$ /Day
$ /Hour
$ /Day
HVAC
$55.00 /Hour
$44 /Day
$ /Hour
$528.00 /Day
Painting
$25.00 /Hour
$200.00 /Day
$30.00 /Hour
$240.00 /Day
Sheet Metal
$35.00 /Hour
$ /Day
$ 42.00 /Hour
$336.00 /Day
Drywall
$35.00 /Hour
$ 80.00 /Day
$42.00 /Hour
$336.00 /Day
Roofing
$ /Hour
$280.00 /Day
$ /Hour
$336.00 /Day
Irrigation Repair
$35.00 /Hour
$ 280.00 /Day
$42.00 /Hour
$ 336.00 /Day
WORKING BUSINESS HOURS: For purposes of this IFB, "Working Business Hours" shall be defined as
7:00 AM to 5:00 PM, Monday through Friday; "Non -Working Business Hours" shall be defined as 5:01 PM
to 6:59 AM, Monday through Friday, weekends, and County observed holidays.
MATERIALS MARK UP: 10 % over Contractor cost of item. Invoices must list materials and
applicable sales tax and Supplier receipt must be attached to invoice. The proposed mark-up for
materials shall not exceed 10%.