HomeMy WebLinkAboutDocumentation_Regular_Tab 19_2/8/2024 Agenda Item #19.
Regular Council
STAFF MEMO
Meeting: Regular Council - Feb 08 2024
Staff Contact: Doug Chambers, Director of Public Department: Public Works
Works
Consider Approval of Piggybacking the Martin County Infrastructure Construction and Maintenance
Contract with Johnson-Davis Incorporated
SUMMARY:
agenda item refers to an agreement to piggyback the Martin County Infrastructure Construction
and Maintenance contract with Johnson-Davis Incorporated.
Johnson-Davis Inc. was awarded a competitively bid contract for construction and maintenance
services with Martin County. The contract term is five (5) years expiring May 25,2026.
Johnson-Davis Incorporated were established in 1977 with offices located in Lantana and Ft. Pierce
Florida.
Johnson-Davis Incorporated have agreed to extend this contract to the Village under the same terms,
conditions and pricing as the Martin County Contract.
The contract is a continuing services contract for roadway construction/maintenance projects,
miscellaneous drainage construction/maintenance projects, stormwater management facility
construction and maintenance activities, trailhead area construction projects, parks facility site
construction and other miscellaneous construction projects.
Executing this contract is not a guarantee of work. Village Departments will utilize this contract on an
as needed basis within their respective departments approved budgets.
This document and any attachments may be reproduced upon request in an alternative format by
completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-
768-0443.
BUDGET • - •
BUDGET AMOUNT N/A AMOUNT AVAILABLE N/A EXPENDITURE AMOUNT: N/A
FUNDING SOURCES: N/A IS THIS A PIGGYBACK:
❑x Yes ❑ N/A
DID YOU OBTAIN 3 QUOTES?
❑x Yes ❑ N/A
Page 530 of 590
Agenda Item #19.
COMMENTS/EXPLANATION ON SELECTIONThis contract was competitively bid by Martin County
POTENTIAL MOTION / DIRECTION RKQ1UJ KSlTED
Staff recommends the approval of Piggybacking the Martin County Infrastructure Construction and
Maintenance Contract with Johnson-Davis Incorporated.
ATTACHMENTS:. .
Village of Teguesta - Johnson Davis Agreement
EXHIBIT A
EXHIBIT B
Page 531 of 590
Agenda Item #19.
VILLAGE OF TEQUESTA
AGREEMENT FOR INFRASTRUCTURE CONSTRUCTION AND
MAINTENANCE SERVICES
THIS AGREEMENT for infrastructure construction and maintenance
services is entered into and effective this day of _, 2024, by and between the
VILLAGE OF TEQUESTA, a Florida municipal corporation with offices located at 345
Tequesta Drive, Tequesta, Florida 33469, organized and existing in accordance with the laws of
the State of Florida, hereinafter "the Village'"; and Johnson-Davis Incorporated, a Florida
corporation, with offices located at 601 Hillbrath Drive, Lantana, FL 33162, hereinafter "the
Contractor", and collectively with the Village, "the Parties".
WITNESSETH
The Village and the Contractor, in consideration of the mutual covenants contained herein
and for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged by both Parties, hereby agree as follows:
1. SCOPE OF SERVICES: The Parties hereby agree to enter into this Agreement
whereby the Contractor shall provide infrastructure construction and maintenance services as
needed by the Village. The Parties agree to enter into this Agreement and piggyback for the
infrastructure construction and maintenance services at the unit prices described in the Martin
County Infrastructure & Maintenance Contract awarded through Martin County RFB2021-3313.
Said contract, including its terms, conditions, specifications, and attached exhibits/amendments,
are hereby fully incorporated into this Agreement and attached hereto as Exhibit "A".
Authorization to piggyback on the contract and amendments is hereby fully incorporated into this
Agreement and attached hereto as Exhibit"B".
2. COMPENSATION: In consideration for the above Scope of Services, pricing
shall be pursuant to the unit prices provided in Exhibit "A". The Parties hereby agree to the
Village's purchase of supplies and/or services in greater or lesser amounts than estimated in Martin
County RFB2021-3313, as referenced by the proposal in Exhibit "A". In consideration for the
above Scope of Services and pursuant to any Exhibits, if applicable, the Village shall pay the
Contractor at the unit prices as described in Exhibit"A".The goods or services shall be delivered
on a per-order basis in a time, manner, and location acceptable to the Village the "Performance
Date."
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Agenda Item #19.
3. CHANGE ORDERS: Seller is aware that price and time are of the essence in this contract
and that prompt and timely performance of all such obligations is strictly required. If conditions
change that would require an increase in price, scope, or time for performance Seller must notify
the Village in writing detailing the conditions that have changed and requesting a change order to
the contract within 30 days prior to the performance date"Change Order Deadline".Change orders
submitted after the change order deadline will not be considered. Seller shall not proceed with any
change to its obligations under a change order request unless documented in a Change Order
executed by both Parties. If Seller requests a change order prior to the change order deadline
Village at its discretion may accept the change order as is or with modifications, deny the change
order, re-advertise and re-solicit providers for the required goods or services or tenninate this
contract. If the Village elects to re-advertise and re-solicit the need for goods or services the Village
will have 30 days "Solicitation Period" in which to accept the contemplated change order or
terminate this contract.At any time after execution of this Agreement but prior to Seller's delivery
of the Goods, the Village reserves the right at its discretion to change, modify, revise add, or
remove any part of its order for the Goods as described by this Agreement and any Exhibits, if
applicable. If any such change to the Village's order causes an increase or decrease in the cost of
the Goods or causes a change in the time required for delivery of the Goods, the Village shall make
an equitable adjustment in the contract price, the delivery schedule, or both. Any change to the
Village's order for the Goods and any subsequent equitable adjustment to the terms of this
Agreement shall be effectuated through a written Amendment to this Agreement as executed by
both Parties pursuant to Section 15. of this Agreement.
4. TERM; TERMINATION; NOTICE: Pursuant to the Martin County RFB2021-3313,
the original contract term will expire on May 25`h, 2024, with the option for two additional one-
year renewals. This Agreement may be terminated by either party upon 30 days written notice to
the other party. Notice shall be considered sufficient when sent by certified mail or hand-delivered
to the Parties during regular business hours at the following addresses:
Village Contractor
Village of Tequesta Johnson-Davis INC.
345 Tequesta Drive 604 Hillbrath Drive
Tequesta, FL 33469-0273 Lantana, FL 33462
Attn: Doug Chambers
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Agenda Item #19.
5. INSURANCE: The Contractor shall provide proof of workman's compensation
insurance and liability insurance in such amounts as are specified in Exhibit"A" and shall name
the Village as an "additional insured" on the liability portion of the insurance policy.
6. INDENINIFICATION: The Contractor shall at all times indemnify, defend and
hold hannless the Village, its agents,servants,and employees, from and against any claim,demand
or cause of action of whatsoever kind or nature, arising out of error, omission, negligent act,
conduct, or misconduct of the Contractor, its agents, servants, or employees in the performance of
services under this Agreement. Nothing contained in this provision shall be construed or
interpreted as consent by the Village to be sued, nor as a waiver of sovereign immunity beyond
the waiver provided in Section 768.28,Florida Statutes.
7. PUBLIC ENTITIES CRIMES ACT: As provided in Sections 287.132-133,
Florida Statutes, by entering into this Agreement or perfonning any work in furtherance hereof,
the Contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will
perform hereunder, have not been placed on the convicted vendor list maintained by the State of
Florida Department of Management Services within thirty-six(36)months immediately preceding
the date hereof. This notice is required by Section 287.133(3)(a), Florida Statutes.
8. INDEPENDENT CONTRACTOR: It is specifically understood that the
Contractor is an independent contractor and not an employee of the Village. Both the Village and
the Contractor agree that this Agreement is not a contract for employment and that no relationship
of employee-employer or principal-agent is or shall be created hereby, nor shall hereafter exist by
reason of the performance of the services herein provided.
9. INSPECTOR GENERAL: Pursuant to Sections 2-421-2-432 of the Palm Beach
County Code of Ordinances, the Office of the Inspector General has jurisdiction to investigate
municipal matters,review and audit municipal contracts, and other transactions, and make reports
and recommendations to municipal governing bodies based on such audits, reviews, or
investigations. All parties doing business with the Village shall fully cooperate with the inspector
general in the exercise of the inspector general's functions, authority, and power. The inspector
general has the power to take sworn statements, require the production of records, and to audit,
monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists
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Agenda Item #19.
of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement,
misconduct, and abuses.
10. E-VERIFY ELIGIBILITY: The Contractor warrants and represents that it is in
compliance with Section 448.095, Florida Statutes, as may be amended. No later than January 1,
2021, the Contractor shall: (1) register with and use the E-Verify System (E-Verify.gov) to
electronically verify the employment eligibility of all newly hired workers, and (2) verify that all
of the Contractor's subconsultants performing the duties and obligations of this Agreement are
registered with and use the E-Verify System to electronically verify the employment eligibility of
all newly hired workers. The Contractor shall obtain from each of its sub-consultants an affidavit
stating that the sub-consultant does not employ,contract with,or subcontract with an Unauthorized
Alien, as that term is defined in Section 448.095(l)(k),Florida Statutes,as may be amended. The
Contractor shall maintain a copy of any such affidavit from a sub-consultant for, at a minimum,
the duration of the subcontract and any extension thereof. This provision shall not supersede any
provision of this Agreement which requires a longer retention period. The Village shall terminate
this Agreement if it has a good faith belief that the Contractor has knowingly violated Section
448.09(1), Florida Statutes, as may be amended. If the Contractor has a good faith belief that the
Contractor's subconsultant has knowingly violated Section 448.09(l),Florida Statutes, as may be
amended, the Village shall notify the Contractor to terminate its contract with the sub-consultant
and the Contractor shall immediately terminate its contract with the sub-consultant. In the event
of such contract termination, the Contractor shall be liable for any additional costs incurred by the
Village as a result of the termination.
11. SCRUTINIZED COXIPANIES: For Contracts under SIM, the Contractor
certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to
Section 215.4725, Florida Statutes and that it is not engaged in a boycott of Israel. The Village
may terminate this Agreement at the Village's option if the Contractor is found to have submitted
a false certification as provided under Section 287.135(5), Florida Statutes, if the Contractor has
been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section
215.4725, Florida Statutes, or if Contractor is engaged in a boycott of Israel. For Contracts over
SIM, the Contractor certifies that it is not on the Scrutinized Companies with Activities in Sudan
List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the
Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida
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Agenda Item #19.
Statutes.The Contractor further certifies that it is not engaged in a boycott of Israel and that it does
not have business operations in Cuba or Syria, as similarly provided in Section 287.135, Florida
Statutes. The Village may terminate this Agreement at the Village's option if the Contractor is
found to have submitted a false certification as provided under Section 287.135(5), Florida
Statutes or if the Contractor has been placed on one of the aforementioned lists created pursuant
to Section 215.4725,Florida Statutes. Additionally, the Village may terminate this Agreement at
the Village's option if the Contractor is engaged in a boycott of Israel or has been engaged in
business operations in Cuba or Syria, as defined in Section 287.135,Florida Statutes.
12. ATTORNEY'S FEES: In the event, a dispute arises concerning this Agreement,
the prevailing party shall be awarded attorney's fees, including fees on appeal.
13. FORCE MAJEURE: The Contractor shall not be considered in default by reason
of any failure in performance under this Agreement if such failure arises out of causes reasonably
beyond the control of the Contractor or its subcontractors and without their fault or negligence.
Such causes include, but are not limited to: acts of God; acts of war; natural or public health
emergencies; labor disputes; freight embargoes; and abnonnally severe and unusual weather
conditions.
14. CHOICE OF LAW; VENUE: This Agreement shall be governed and construed
in accordance with the laws of the State of Florida, and venue shall be in Palm Beach County
should any dispute arise with regard to this Agreement.
15. AMENDMENTS & ASSIGNMENTS: This Agreement, all Exhibits attached
hereto, and required insurance certificates constitute the entire Agreement between both parties;
no modifications shall be made to this Agreement unless in writing, agreed to by both parties, and
attached hereto as an addendum to this Agreement.The Contractor shall not transfer or assign the
provision of services called for in this Agreement without prior written consent of the Village.
16. PUBLIC RECORDS: In accordance with Section 119.0701,Florida Statutes,the
Contractor must keep and maintain this Agreement and any other records associated therewith and
that are associated with the performance of the work described in the Scope of Services. Upon
request from the Village's custodian of public records, the Contractor must provide the Village
with copies of requested records, or allow such records to be inspected or copied, within a
reasonable time in accordance with access and cost requirements of Chapter 119,Florida Statutes.
A Contractor who fails to provide the public records to the Village,or fails to make them available
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Agenda Item #19.
for inspection or copying, within a reasonable time may be subject to attorney's fees and costs
pursuant to Section 1 19,0701,Florida Statutes, and other penaltics under Scction 1 19.10, Florida
Statutes. Further, the Contractor shall ensure that any exempt or confidential records associated
with this Agreement or associated with the performance of the work described in Scope of Services
are not disclosed exeept as authorized by law for the duration of the Agreement term,and following
completion of the agreement if the Contractor dots not transfer the records to the Village. Finally,
upon completion of the Agreement, the Contractor shall transfer, at no cost to the Village, all
public records in possession of the Contracter,or keep and maintain public records required by the
Village. If the Contractor transfers all public records to the Village upon completion of the
Agreement, the Contractor shall destroy any duplicate public records that arc exempt or
confidential and exempt from public records disclosure requirements. If the Contractor keeps and
maintains public records upon, completion of the Agreement, the Contractor shall meet all
applicable requirements for retaining public records. Records that are stored electronically trust
be provided to the Tillage,upon request from the Village's custodian of public records,in a fonnat
that is compatible with the Village's information technology systems.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS AGREEMENT, PLEASE CONTACT THE 'VILLAGE CLERK,
RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0685, OR AT
1mcwi11iams ,teguesta.or , OR AT 345 TE+QUESTA DRIVE, TEQUESTA,
FLORIDA 33469.
17. HEADINGS: The headings contained in this Agreement are provided for
convenience only acid shall not be considered in construing, interpreting or enforcing this
.Agreement.
18. SEVERABILITY. The invalidity or unenforceability of any provision of this
Agreement shall not affect the validity or enforceability or any other provision of this
Agreement and this Agreement shall be construed and enforced in all respects as if the invalid
ar unenforceable provision is not contained herein.
19. WAIVER- No waiver by the Village of any prevision of this agreement, shall
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Page 537 of 590
Agenda Item #19.
be deemed to be a waiver of any other provisions hereof or of any subsequent breach by the
Contractor of the same, or any other provision or the enforcement hereof. The Village's
consent to or approval of any act requiring the Village's consent or approval of any act by the
Contractor shall not be deemed to render unnecessary the obtaining of the Village's consent to
or approval of any subsequent consent or approval of, whether or not similar to the act so
consented or approved.
20. ENTIRE AGREEMENT: This eight-page Agreement, including any Exhibits,
constitutes the entire agreement between the parties; no modification shall be made to this
Agreement unless such modification is in writing, agreed to by both parties and attached hereto as
an addendum to this Agreement. In the event of a conflict between this and any other document,
this document shall prevail.
22. AUTHORITY TO OBLIGATE: Each person signing this agreement on behalf
of either Party warrants that he or she has the full legal power to execute this agreement on behalf
of the Party for whom he or she is signing and bind and obligate such party with respect to all
provisions contained in this agreement.
[REMAINDER OF PHIS PAGE LEFT INTENTIONALLY BLANK]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date and year first above written.
WITNESSES: JOHNSON-DAVIS INCORPORATED.
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Page 538 of 590
Agenda Item #19.
----------- -�-�-�
------- B7. Clark C. Cryer, VP, 1/19/2024
.h.ia7al
h w
(Corporate Seal)
r
;........
VILLAGE OF TEQUESTA
By: Molly Young,Mayor
ATTEST:
(Seal)
Lori McWilliams, MMC
Village Clerk
Page 8 of 8
Page 539 of 590
Agenda Item #19. JEXHIBIT A
This document may be reproduced upon request in an ahem tive format by contacting the.(runty ADA Coordinator(772)
320-3131, the County Administration 0ffiec(772)299-5400,Florida Relay 711,or by completing our accessibility feedback
form at ww°w.martin.fl.us�accessibility-feedback
AGREEMENT BETWEEN COUNTY AIND CONTRACTOR
FOR CONSTRUCTION SERVICES
THIS AGREEMENT, effective this 25th day of May in the year, 2021, between:
MARTIN COUNTY, a political sub-division of the State of Florida and through its BOARD OF CCU NTY
COMMISSIONERS, (hereinafter COUNTY), located at 2401 S.E. Monterey road, Stuart, FL 34996
AND the CONTRACTOR: Johnson-Davis Incorporated
(hereinafter CONTRACTOR) 863 S. Kings Hwy.
Fort Pierce, Florida 34945
Contract Name: Infrastructure Construction & Maintenance
Contract Number: RFB2021-3313
Not to Exceed Amount, 30,O00,0W.00
(to all vendors combined over maximum 5 years)
Contract Term: Three (3) years plus two ( ) 1-year renewal options
Not to exceed 5 years
rage I of 44 RFB2021-33 l
Infrastructure Construction eeof 590
Agenda Item #19.
IN DE
Article 1: Definitions
Article 2: Work/Preliminary Requirements
Article 3: Contract Price; Term
Article 4: Contractor Responsibilities
Article 5: Payment
Article : Time of Performance
Article 7: Liquidated Damages
.Article 8: Claims for Additional Time
Article 9: Site Conditi(MC;
Article 10: Ind.emnifitatiOn
Article 11: Termination
Article 12: Suspension of Work
Article 13: Changes in the Work
Article 14: Materials, Equipment and Workmanship; Substitutions
Article 15: Compliance
Article 1 Cr: Non-Discrimination
Article 17: Defective 'Work
Article 1 S: Bonds and Insurance
Article 19: Performance Guarantee and Warranty
Article 20, Shop Drawings, Product Data and Samples
Article 21: Safety
Article 22: Protection of Work and Property
Article 23, Tests and Inspection
Article 4: 'Utility Coordination
Article 25: Hazardous materials
Article 2+6: Audit
Article 27, Public Records
Article 2& Assignment
Article 29: Attor ey's Fees and Costs
Article 30: Notices
Article 31: Resolution of Claims and Disputes
Article 32, Miscellaneous
Exhibit A, Scope of Services
Exhibit R-, Sample Work [artier
Exhibit C'.: Contractor's Unit Price Biel
Page 2 of 44 RFB2021-331 ;
Infrastructure Construction d` efflffcOf 590
Agenda Item #19.
ARTICLE 1
DEFINITION
1A Dgf red Terms
A. Wherever used in the Contract Documents and printed with initial or al] capital letters, the terms listed
below will have the meanings indicated which are applicable to both the singular and plural thereof,
1. Actual Costs.
a. costs of labor, including social security, old age and unemployment insurance, fringe benefits
required by agreement or custom, and workers' compensation insurance;
b, cost of materials, supplies and equipment, including cost of transportation,whether incorporated
or consumed;
c. rental cost of machinery and equipment, exclusive of hand tools, whether rented from the
Contractor or others.;
d, costs of premiums for all bonds and insurance,permit fees, and sales,use or similar taxes related
to the Work;
e, additional cost of field supervision and field office personnel directly attributable to the charge,
exclusive of the cost of estimating, contract administration, and purchasing.
2. Addenda. 'Written or graphic instruments issued prior to the opening of Bids which clarify, correct,
or change the Bidding Requirements or the Contract Documents.
3, Agreement, The written instrument which is evidence of the agreement between COUNTY and
CONTRACTOR ACTOF covering the Mork. Also referred to as"Contract".
. Bonds. Performance bond and payment bond and other instruments of security, furnished by the
CONTRACTOR and its surety in accordance with the Contract Documents and in accordance with the law
of Florida.
5, Change Order. A written document which is signed by CONTRACTOR and COUNTY and
authorizes an addition, deletion,or revision in the Work or an adjustment in the Contract price or the Contract
Times, issued on or after the Effective bate of the Agreement.
6, Claim- Any action, assertion, change order, demand, invoice, law,;uit, or request by COUNTY or
CONTRACTOR seeking an adjustment of Contract Price or Contract Times, or both, Or other relief with
respect to the terms of the Contract, A demand for money,property, or services made to any agent, employee,
or officer of the County by a third party is not a Clain. Claim does not include tort claims as that term is used
in Section 76 .2 (5), F'la. Stat. as amended from time to time.
T Contract Documen r_ The Contract Dmuments establish the rights and obligations orthe parties and
include the following. Agreement (including Exhibits), Work Order, entire bid package including
Advertisement, all Addenda and Instructions to Bidders, CONTRACTOR'S completed Bid Form package,
Notice of Award, Notice to Proceed, drawings, specifications, plans, data, studies, surveys, calculations,
permit applications, estimates, photographs, reports, approved submittals, and other documents prepared
by, through, or under CONTRACTOR that fix, depict and/or describe the size, quality and character of the
Prqject, the Sands, these General Conditions, the Supplementary Conditions, the Specifications and the
Drawings as the same are more specifically identified in the Agreement, together with all Written Amend-
ments, Change Orders, Work Change Direc ives, Field Orders, and Engineer's written interpretations and
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Agenda Item #19.
clarifications issued on or after the Effective Date of the Agreement, Approved Shop Drawings and the
reports and drawings of subsurface and physical conditions are not Contract Documents..
Contract Price. The moneys paid toCONTRACTOR under Contract Documents.
9, Contract Time. The number of days or the dates stated in the Agreement to: i achieve Substantial
Completion; and (ii) complete the Work so that it is ready for final payment as evidenced by Engineer's
written recommendation of final payment.
10. !, A calendar day unless mated ,otherwise.
11, CO TP,4CiFOR. The individual or entity with wham COUNTY has entered into the Agreement."
12, Drawings. That part of the Contract Documents prepared or approved by an Engineer which
graphically shows the scope, extent, and character of the Work to be performed by CONTRACTOR. Shop
Drawings and other CONTRACTOR submittals are not Drawings as so defined..
13, EJective late ofthe Agreement. The date indicated in the Agreement on which it becomes effective,
but irno such date is indicated, it means the date on which the Agreement is signed and deliv ed by the last
of the two parties to sign and deliver.
14. Field Order. A written order issued by the Engineer or COUNTY which requires minor changes in
the Work but which does not involve a change in the Contract Price or the Contract Times.
15. Final Completion r-Final Acceptance, The completion or ail it Work called for under the Contract
Documents, including, but not limited for satisfactory operation of all equipment (other than COUNTY
supplied equipment or facilities or those installed by separate CONTRACTORS); correction of all punch
list items to the satisfaction of COUNTY, payment of all trade CONTRACTORS, subcontractors, and
materialmen; settlement of all claims, if any; payment and release of all mechanic's, materialmen's, and
sirnilarr liens; delivery of all guarantees, equipment operation and maintenance manuals, as-built drawings,
building certificates, electrical certificates, mechanical certiricaates, plumbing certiricates, and all other
required approvals and acceptances by any municipality within Martin County, Martin County itself, the
State of Florida or other authorities or agencies having jurisdiction; and removal of all rubbish, tools,
scaffolding, and surplus materials and equipment from the Work site.
1 E Notice to Proceed. A written notice given by COUNTY to CONTRACTOR fixing the date on which
the Contract Times will commence to run and on which CONTRACTOR S-hall start to perform the Work
under the Contract Documents,
17. Public Record. All documents, papers, letters, maps, books, tapes, photographs, films, sound
recordings, data processing software, or gather material, regardless of the physical form, characteristics, or
means of transmission, made or received pursuant to law or ordinance or in connection with the traction
of of7 vial business between the COL NTY and the CONTRACTOR.
18, Samples. Physical examples of materials,equipment, or workmanship that are representative of some
portion of the Work and which establish the standards by which such portion of the Work will be judged.
Pale 4 of 44 RFB2021-331 ;
Infrastructure Construction eWof 590
Agenda Item #19.
19, .Shop Drawings. All drawings,diagrams, illustrations,schedules,and ether data or information which
are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to
illustrate some portion of the Work.
20. peciffikafions_ That part of the Contract Documents consisting or written technical descriptions of
materials, equipment,systems, standards, and workmanship as applied to the Work and certain administrative
details applicable thereto.
21. Substantial Completion. For the purpose of this Agreement, and for the compliance of those
procedures, duties and obligations as set forth in the Florida Statutes' "Local Government Prompt Payment
Act", the term "Substantial Completion" is defined as that point where the COUNTY is able to enjoy
beneficial occupancy of the Work and where the Work has achieved that level of completion such that the
COUNTY is able to utilise the entire the Project for its intended purposes, including but not limited to the
completion of all specified systems and items relating to life, safety and regulatory use, with the exception
of incidental or incomplete items except where a lack of completion of such incidental or incomplete items
of the Work will adversely affect the complete operation of other areas of the Work. Additional conditions
(il'any) needed to achieve Substantial Completion cif the Work and which are project specific as set forth
in the Exhibits (if any). The Project should be completed to the point that the Work can he utilized for the
purposes for which it was intended, as well as the satisfaction of the following requirements; A the items
that affect operational integrity and function of the Project must be capable of continuous use; (B) all
permits and other regulatory requirements must be satisfied; and (C) where required, a Certificate of
Occupancy must be issued.
22. Suren,, The corporate body that is responsible for the CONTRACTOR in connection with the Work
-as set forth in the Bonds and that is included in the most recent United States Department of the Treasury
List of Acceptable Sureties and authorized to issue surety bonds in Florida, and which maintains a surety
rating of"A-" or better or equivalent rating by a nationally recognized rating agency.
23. L,Inelerground Facifitiem All underground pipelines, conduits, ducts, cables, wires, manholes, vaults,
tanks, tunnels, or other such I'acilities or attachments, and any encasements containing C.LLCh faCilitles,
including those that convey electricity, gases, steam, liquid petroleurn products, telephone or other
communications, cable television, water, wastewater, storrn water, other liquids or chemicals, or traffic or
other control systems.
24, Work. Services as defined in each individual Work Order to be paid for in accordance with the unit
prices indicated in CONTRACTOR's bid.
25. Work Order. A formal document that is dated, serially numbered, and executed by both the
COUNTY and the CONTRACTOR in response to OUNTY's request for proposal, by which COUNTY
accepts COINTRACTOR's proposal for specific Services and CONTRACTOR indicates a willingness to
perform such specific Services under the terms and conditions specified in this AGREEMENT.
26, Year. The word "year"means 365 calendar days, including leap days if any.
ARTICLE 2
WORK PRELIMINARY REQUIREMENTS
.1 The CONTRACTOR agrees to f lrnish and complete all authorized and approved work, materials,
supplies, tools, furnishings, fixtures, labor, services, equipment, site development, permitting, regulatory
matters,environmental mitigation,traffic control, accounting,coordination,and construction of the Project,
Page 5 of 44 RFB2021-331 ;
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Agenda Item #19.
inore pecifically described in the Design Documents, as applicable.
2.2 Commencement of Work and Notices to Proceed. The Date of Commencement of all Work shall be
the date indicated in the Notice to Proceed and/or Work Order. Notice to Proceed as to each Work Order
shall be issued by the Project Manager after the CONTRACTOR has delivered to the COUNTY the
executed Work Order, the Bonds and Insurance Certificates in accordance with the Work Order and
AGREEMENT, and the Board has approved this AGREEMENT. No Fork shall be performed by the
CONTRACTOR or its professionals, subconsultants, or subcontractors, and no irrevocable commitments
to vendors shall be made prior to the Date of Commencement, at which time, CONTRACTOR. may
commence to perform Work.
2.3 Nothing contained in any Work Order shall conflict with the terms of this AGREEMENT, and the
terms of this AGREEMENT shall be deerned to be incorporated in each individual Work Order as if fully
set forth therein. A Work Order shall contain the following:
a. A description of the specific Services to be performed, a schedule and amount of compensation to
be paid with surficient detail so as to identify all ofthe various elements ofcost such as, Ialx-)r rates
by classification,hours for each classification,extended price,subcontracted Labor(also broken out),
material, other direct costs, overhead rate, indirect rate, and profit/fee. The sufficiency of such
budget detail is subject to the approval of the COUNTY; and
b. Any other additional instructions or provisions relating to the specific Services authorized pursuant
to each Work Order that coo not conflict with the terms of this Agreernent,
2A Preconstruction Conferencefs}. If required by the specific services outlined in the Work Order, the
CONTRACTOR shall meet with the COLTNTY for review and acceptance of the CONTRACTOR'S initial
submittals, CPM Schedule, Final Schedule of Values, personnel and Subcontractor list, to review
mobilization requirements, to establish procedures for handling shop drawings and other Submittals and
Applications for Payment, and to establish a working understanding among the parties as to the Work_
2,5 Assumption of Disks. CONTRACTOR shall become familiar with and prepare for the normal
weather conditions existing in Martin County, Florida. Normal weather conditions are expected to impact
the Work in numerous ways, including but not limited to, delays during and after periods of rainfall,
temporary flooding and ponding, wet ground, high winds and debris. CONTRACTOR'S Contract Price
and Project Schedule, and any subsequent approved revisions thereto, shall sufficiently anticipate and
include normal weather Days as reflected by I0-year average of historical records produced by the National
Weather Service. Additionally, the CONTRACTOR assumes the risk for all costs associated with
concealed Site conditions which are foreseeable through the exercise of due diligence. Again, it shall be
the obligation of CONTRACTOR to fully investigate, the Site and provide sufficient contingency amounts
for conditions which are foreseeable.
2,6 Requirement to E-Verify. As a condiden precedev to entering into this AGREEMENT, and in
compliance with Section 448.095, Fla. Stet., Contractor and its subcontractors shall„ register with and use
the E-Verify system to verify work authorization status of all employees hired after January 1, 2021.
A. Contractor shall require each of its subcontractors to provide Contractor with an affidavit stating
that the subcontractor does not employ, contract with,or subcontract with an unauthorized alien.
Contractor shall maintain a copy of the subcontractor's affidavit as part of and pursuant to the
records retention requirements of this AGREEMENT_
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B. The COUNTY, Contractor, or any subcontractor who has a good faith belief that a person or
entity with which it is contracting has knowingly violated Section 448.0 (1), Fla. Stat,, or the
provisions of this section shall terminate the contract with the person or entity.
C. The COUNTS,upon goad faith belief that a subcontractor knowingly violated the provisions of
this section,but Contractor otherwise complied, shall promptly notify Contractor and Contractor
shall immediately terminate the contract with the subcontractor,
D_ A contract terminated under the provisions of this seekion is not a breach of contract and may
not be considered such. Any contract termination under the provisions of this section may be
challenged pursuant to Section 448.095(2)(d), Fla. Stat. Contractor acknowledges that upon
termination of this AG REEMEN T by the COUNTY for a violation of this section by Contractor,
Contractor may not be awarded a public contract for at least one (1) year. Contractor further
acknowledges that Contractor is liable ilor any additional costs incurred by the COUNTY as a
result of termination of any contract for a violation of this section.
F, .Subcontracts. Contractor or subcontractor shall insert in any subcontracts the clauses set forth
in this section, including this subsection, requiring the subcontractors to include these clauses in
any lower tier subcontracts. Contractor shall be responsible for compliance by any subcontractor
or lower tier subcontractor with the clauses set forth in this section.
ARTICLE 3
CONTRACT PRICE; TERM
3,1 The OWNER shall pay the CONTRACTOR for the performance of 'Work outlined in each
individual Work Order issued in accordance with the Contract Documents, the fixed Contract Price outlined
in each individual Work Order, lased on the Unit costs in the Bid. The obligations, of the OWNER under
this Agreement are subject to the availability of Cunds lawfully appropriated for the Project by the Beard or
County Commissioners of Martin County.
3,2 Term. This Agreement shall be in effect from the effective date listed oil page 1 of this Agreement..
The Contract Term, as stated on page 1 of this Agreement, is for three years.
3.3 The Two I-Year renewal Options, As stated on page I of this Agreement, there are two 1-year
renewal options. Specifically, the COUNTY may, or may not, in hN sole discretion, exercise the option of
reneging this Agreement for one additional year on or before the end of the Contract Term, and if the
County exercises its option of renewing this Agreement for one additional year, at or before the expiration
of the additional year, the COUNTY may, or may not, in its sole discretion, exercise the option of renewing
this Agreement for another year. Nothing herein shall be construed to mean CONTRACTOR is entitled or
has a legal right to a renewal_ This Agreement shall expire on the last day cif the Contract Tens or after the
first or second additional year as applicable.
ARTICLE 4
CONTRACTOR RESPONSIBILITIES
4,1 CONTRACTOR represents that it has familiarized itself'with, and assumes full responsibility fbr
having familiarized itself with, the nature and extent of the Contract Documents, specifications set forth in
each Work Order, Work, locality,and with all local conditions and federal, state and local lags,ordinances,
rules and regulations that may in any manner affect performance of the Work, and represents that it has
correlated its study and observations with the requirements of the Contract Documents. CONTRACTOR
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also represents that it has studied all surveys and investigation reports of subsurface and latent physical
conditions referred to in the Specifications and made such additional surveys and investigations as it deems
necessary for the performance of the Wort:at the Contract Price in accordance with the requirements of the
Contract Documents and that it has correlated the results of all such data with the requirements of the
Contract Documents.
4,2 The CONTRACTOR shall give all notices and comply with all municipal, local, state and federal
laws, ordinances, codes, rules, licenses, and regulations applicable to the Work. If the CONTRACTOR
observes that any of the AGREEMENT is contradictory to such laws, rules, and regulations, it shall notify
the Project Manager promptly in writing. If the CONTRACTOR performs any Work that it knows or should
have known to be contrary to such laws, ordinances, rules, and regulations, it shall bear all related costs,
43 CONTRACTOR understands and acknowledges that all documents and materials provided with the
R.FB and any addenda,are general and preliminary,and that CONTRACTOR shall not rely on the accuracy
or completeness thereof. CONTRACTOR acknowledges that its duties hereunder shall not be excused or
discharged in any respect based on the incompleteness or inaccuracy of any such documents or materials.
4A CONTRACTOR shall be responsible to the COTJNTY for acts and omissions of CONTRACTOR
and CONTRACTOR'S agents, employees, professionals„ subconsultants, subcontractors„ and all other
parties performing Work by, through and under CONTRACTOR..
4.5 CONTRACTOR shall be responsible for the management, coordination and supervision of all
design,permitting, and construction means, methods, techniques, sequences and procedures for completion
of the Work,
4.6 The CONTRACTOR agrees to bind specifically every professional, subconsultant and
subcontractor to the applicable terms and conditions of the AGREL,ML)'NT,for the benefit of the COUNTY.
4,7 CONTRACTOR represents that it is hilly experienced and properly qualiried to perrorm the Work
under the Contract Documents and that it is properly licensed, equipped, organized and financed to perform
such Work.
4.8 CONTRACTOR shall act as an independent CONTRACTOR and not as the agent of COUNTS'.
The CONTRACTOR shall supervise and direct the Work and shall be solely responsible for the means,
methods, techniques, sequences and procedures of construction subject to compliance with the Contract
Documents.
4.9 The CONTRACTOR shall employ and maintain a full-time ion-site Superintendent who shall have
been designated in writing by the CONTRACTOR and pre-approved by the COUNTY. The Superintendent
shall be dedicated to this the Project full time and shall have fiill authority to act on behalf of the
CONTRACTOR_ The superintendent shall be capable ofproperly interpreting the Contract Documents and
be thoroughly experienced in the type of work being performed. The Superintendent shall. have full
authority to receive instructions from the Engineer and to execute the orders or directions of the Engineer,
including promptly supplying any materials, tools, equipment, labor, and incidentals than may be required.
A Superintendent shall be provided regardless of the amount of work sublet. The Superintendent shall
speak and understand English,and the CONTRACTOR shall maintain at least one other responsible person
who speaks and understands English, on the project during all working hours. All communications given
to the Superintendent shall be as binding as if given to the CONTRACTOR. Copies of written
communications given to the Superintendent of the CONTRACTOR shall be mailed to the address set forth
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in the Agreement for notices. Nothing contained herein shall be construed as modifying the
CONTRACTOR's duty of supervision and fiscal management as provided by Florida law. The COUNTY
shall have the right of direct removal of any Superintendent of the CONTRACTOR. Any change in the
Superintendent of the CONTRACTOR assigned to the Project shall be subject to the COUT 's prior
► ri(ten approval_ The Superintendent shall have full authority to receive instructions from the Owner and/or
Engineer, and to execute the orders or directions of the Owner and/or Engineer, including promptly
supplying any materials, tools, equipment, labor, and incidentals that may be required. The Superintendent
shall provide such superintendence regardless of the amount of work sublet.
4.10 The CONTRACTOR shall perform at least 30% (thirty percent) of the total amount of the Work
in-house. The roregoing 34% (thirty percent) is exclusive of general conditions .and material ordered ror
work performed by sublets.
4.11 The CONTRACTOR shall not employ any subcontractor or consultant against whom the COUNTY
may have reasonable objection in the County's sole discretion.
4A2 The CONTRACTOR represents to the COUNTY that the CONTRACTOR (and its officers,
directors, partners, or shareholders holding ten 10% (ten percent) or more of the outstanding stock of the
CONTRACTOR), sloes not have any financial interest in or with (Le. is not an officer, director, partner or
10% (ten percent) plus shareholder) any person, entity, subcontractor, consultant, design professional,
materialrnen,supplier,or any other subcontractor performing the Work or the Project. The CONTRACTOR
agrees to obtain prior written consent from the COUNTY before entering into any agreement on this the
Project in which it has a common financial interest.
4.13 The CONTRACTOR shall keep can-site one record cope ofall Drawings, Specifications, Addenda,
Modifications, and Shop Drawings that is annotated to show all changes made during the construction
process. Final acceptance of the Work will be withheld until all such modifications have been properly
inserted electronically into the design documents, thus creating record Drawings, and the Record Drawings
are accepted by the COUNTY.
[OPTIONAL: The CONTRACTOR shall provide the COUNTY two copies of the Record Drawing:
verifying the as-built conditions for all installed and constructed components of the Work, including, but
not limited to, the surface water management, traffic control, lighting, water distribution, and wastewater
collection systems. The Record Drawings, which shall be signed and sealed by a Professional Engineer or
Surveyor and Mapper, licensed in the State of Florida, must demonstrate to the Project Manager that the
Project components were constructed in substantial conformance with the approved Construction Plans and
applicable,permits and that the Project will function as designed and intended. The Record Drawings must
be certified based on an As-Built Survey prepared in accordance with the Minimum Technical Standards
established in Florida Administrative Code (FA ) 5J-17.051 and 5J-17.052. If the Project Manager
determines that the as-built conditions of one or more components are not constructed in substantial
conformance with the approved Construction Plans or that the Record Drawings do not sufficiently
demonstrate conformance with the Construction Plans, one set of the Record Drawings will be returned to
theCONTRACTOR that identify the deficient component(s) of the Work_ The CONTRACTOR shall
correct the component(s) or the Record Drawing in the timefrarnes set forth in Article 6 of this Agreement.
Upon acceptance by the Project Manager, the CONTRACTOR shall provide the COUNTY with one (1)
copy of the Record Drawings electronically in AutoCAW' and Adobe Acrobat'. The Adobe Acrobat file
shall be a replica of the signed and sealed Record Drawing.]
4.14 The CONTRACTOR shall, at its expense,attend any and all meetings called by COUNTY to discuss
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the Work under the Contract.
4.15 CONTRACTOR shall deliver to the COUNTY both prier to commencing each Work Order and
also at the completion of the Project and before receipt of Final Payment, a DVD video of the Project
shoving the site before Work is commenced, and the site as it progresses on a monthly hasis_
CONTRACTOR shall identify on. the D D the station numbers as those areas of the Project are taped, as
well as the date recorded. The cost of the recording is included in the bid submitted by the CONTRACTOR..
4.16 CONTRACTOR shall not establish and shall not allow its employees to engage in any commercial
activities on the site of any Work Order.
4,17 The CONTRACTOR. shall, at its expense, arrange for, develop and maintain all utilities in Work
areas to meet the requirements of the Contract. Such utilities shall be furnished by CONTRACTOR at no
additional cost to the COUNTY, and shall include, but not be limited to, the following: telephone service
for the CONTRACTOR'S use; construction power as required at each point of construction; and water as
required throughout the construction. Prior to final acceptance of the Work the CONTRACTOR shall, at its
expense, satisfactorily remove and dispose of all temporary utilities developed to meet the requirements of
the Contract.
4.18 Maintenance of Traffic. The CONTRACTOR shall be responsible for the proper control,
maintenance, and detour of traffic in the construction area, at all times during the course of the Work.
Contractor shall provide and maintain Maintenance of Traffic (MOT) by a certified Advanced Work Zone
Traffc Control officer, All trafllc control and maintenance procedures shall be in accordance with the
requirements of the Florida Department of Transportation,Martin County,or the local municipality, within
their respective area of jurisdiction. It shall be the CONTRACTOR's responsibility, as Bidder, prior to
submitting its Bid, to determine the requirements of these agencies so that its Bid reflects all costs to be
incurred. No claims for additional payment will be considered for costs incurred in the proper control,
maintenance, detour of traffic. The CONTRACTOR shall notify all such agencies and the COUNTY at
least 7 (seven) days in advance of any traffic. detour. No road closures will be permitted unless approved b
the COUNTY. The CONTRACTOR shall notify all such agencies and the COUNTY at least 14 (fourteen)
days in advance of any road closure.
4,19 The CONTRACTOR is responsible for adequate NPDES-compliant drainage at all times. Existing
functioning storm sewers, gutters, ditches, and other run-off facilities shall not be obstructed. Stabilization
measures, as defined by the State of Florida Department of Environmental Protection Generic Permit For
Stormwater Discharge from Large and Small Construction Activities,as amended, shall be initiated as soon
as practicable, but in no case more than 7 days, in portions of the site where construction activities have
temporarily or permanently ceased.
4.20 The CONTRACTOR shall ensure that all fire hydrants on or adjacent to the Project shall be kept
accessible and no obstruction shall be placed within filleen feet of any hydrant.
4.21 The CONTRACTOR shall ensure that heavy equipment is not operated close enough to COUNTY
assets or other structures to cause their displacement.
4.22 CONTRACTOR certifies that it and any of its affiliates are. not scrutinized companies as identified
in Section 287.135, Fla, Stat. In addition, CONTRACTOR agrees to observe the requirements of Section
287.135, Fla. Stat., for applicable sub-agreements entered into for the performance of Work under this
Agreement.
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ARTICLE 5
PAYMENT
5.1 A Schedule of Values shall be approved by the COUNTY prior to the commencement of the Work.
The approved Schedule of Values will serve as the basis for progress, payments and will be incorporated.
into a form of Application for Payment acceptable to the COUNTY. Progress payments on account of Unit
Price Work will be based on the number of units completed,
5.2 Applications for Payments
A. The CONTRACTOR shall submit: to the COUNTY for review, an Application for Payment
filled out and signed by the CONTRACTOR covering the Work completed as of the date of the
Application and accompanied by such supporting documentation as required by the Contract
Documents. Such .supporting dncuments shall include but not be limited to: (1) a current release
from the CONTRACTOR releasing all claims, other than those previously submitted pursuant
to Article 10 herein, through the date of the Application for Payment; and (ii) a monthly dated
Critical Path Method(CPM) Schedule for the Project. Written consent from the surety in a form
acceptable to the County regarding the project or payment may be given in lieu of waivers.
Submission of this supporting documentation shall be a condition precedent to the
CONTRACTOR's entitlement to receive payment. If payment is requested on the basis of
materials and equipment not incorporated in the Work but delivered and suitably stared at the
Site or at another location agreed to in writing, the .Application for Payment shall also be
accompanied by a bill of sale, invoice, or other documentation warranting that the COUNTY
has received the materials and equipment free and clear of all Liens and evidence that. the
materials and equipment are covered by appropriate property insurance or other arrangements
to protect the COUNTY's interest therein, all of which must be satisfactory to the COUNTY.
B, Beginning w1th the second Application rot Payment, each Application shall include:
(i) an affidavit by the CONTRACTOR stating that all previous progress payments received on
account of the Work have been applied on account to discharge the CONTRACTOR's legitimate
obligations associated with prior Applications for Payment and
(ii) a "Conditional Waiver of Right to Claim Against Payment Bond and Martin County"
completed by the CONTRACTOR.and all subcontractors.
C. Pursuant to Section 255.078(1), Fla. Stat., the. COUNTY will withhold from each progress
payment made to the CONTRACTOR the amount of 5%of the payment as retainage. Pursuant
to Section 255.075(3), Fla, St.at_, the COUNTY may elect not to pay or release any amounts
(such as retairage) that are the subject of a good faith dispute, the subject of a claim brought
pursuant to Section 255.05, Fla. Stat., or otherwise the subject of a claim or demand by the
COl9NTY or CONTRACTOR.
D. The AppIicartion for Final Payment shall be made after the CONTRACTOR has, in the opinion of
the COUNTY, satisfactorily completed all corrections identified during the Final Inspection and
has delivered, in accordance with the Contract Documents, all maintenance and operating
instructions, schedules, guarantees, Bonds, certificates or other evidence 0finsur-ance certificates
of inspection, and other documents.
E, The Application for Final Payment shall be accompanied(except as previously delivered)by. (i)
all documentation called for in the Contract Documents, including but not limiter) to the evidence
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of insurance require; (ii) consent of the surety, if any, to final payment; and (iii) complete and
legally effective releases or waivers(satisfactory to the COUNTY) o f a I I Lien rights arising out of
or Liens filed in connection with the Work.
F. In lieu of the releases or waivers of Liens and as approved by the COUNTY,the CONTRACTOR
may furnish receipts or releases in full and an affidavit of the CONTRACTOR that: (i)the releases
and receipts include all labor, services, material, and equipment rbr which a Lien could be rile,
and( i)all payrolls,material and equipment bills,and other indebtedness connected with the Work
for which the COUNTY or the COUNTY"s property might in any way be responsible have been
paid or otherwise satisfied. if any subcontractor or supplier fails to furnish such a release or receipt
in full, the CONTRACTOR may furnish a Bond or other collateral satisfactory to the COUNTY
to indemnify the COUNTY against any Lien.
Review ol`Applications
A. The UNTY's approval or any payment requested in an Application for Payment will
constitute a representation b the COUNTY that to the best of the CCIUNTY's knowledge,
information and belief-
(i) the'Mork has progressed to the point indicated;
(ii) the quality of the Work is generally in accordance with the Contract Documents(subject to an
evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the
results of any subsequent tests called for in the Contract Documents, to a final determination of
quantities and classifications for Unit Price the Work, and to any other qualifications, stated in the
recommendation); and
(iii)the conditions precedent to the ONTRACTOR's being entitled to such payment appear to
have been fulfilled in so far as it is the C'+OU TY's responsibility to observe the Work.
B, The OUNTY's approval of any payment requested in an Application for Payment will not
thereby be deemed to have represented that: (i) inspections made to check the quality or the
quantity of the Work performed have been exhaustive, extended to every aspect of the Work, or
were detailed inspections of the Work; or(ii) there may not be other matters or issues between
the parties that might entitle the CONTRACTOR try be paid additionally by the COUNTY or
entitle the COUNTY to withhold payment to the CONTRACTOR.
C, The COUNTY may reject the payment request or invoice within 20 (twenty) days after the date
on which the payment request or invoice is stamped as received by the COUNTY. The rejection
must be in writing and must specify the deficiency in the payment request or invoice and the
action necessary to make the payment request or invoice proper. In the latter case, the
CONTRACTOR may make the necessary corrections and resubmit the Application.
D_ The COUNTY may refuse to make payment of the full amount because:
(i) claims have been made against the COUNTY on account of the CONTRACTOR's
performance or furnishing of the Work;
(i ) Liens have been filed in connection with the Work,except where the CONTRACTOR
has delivered a specific Bond satisfactory to the COUNTY to secure the satisfaction and
discharge of such Liens;
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iii) there are other items entitling the COUNTY to a set-off against the amount
recommended.
(iv) the Work is defective or the completed NVork has been damaged, requiring correction
or replacement;
(v) the Work for which payment is requested cannot be verified;
(vi) the CONTRACTOR failed to make proper payments to subcontractor(s) for labor,
materials or equipment in connection with the Work;
(vii) the Contract Price has been reduced because ol'Tnodifications or there is reasonable
evidence that the Work cannot be completed for the unpaid balance of the Contract Price,
viii) the COUNTY has been required to correct defective Work or complete the Work in
accordance with the Contract Documents;
(ix) the CONTRACTOR failed to carry out the Work in accordance with the Contract
Documents, or otherwise unsatisfactory prosecution of the Work;
W of any other breach of, default under, violation of, or failure to comply with the
provisions of the Contract Documents.
E. if the COUNTY refuses to make payment of the lull amount. the COUNTY must give the
CONTRACTOR written notice within 10(ten) days ol`receipt ofinuoice stating the reasons for
such action and promptly pay the CONTRACTOR any amount remaining after deduction of
the amount so withheld. The COUNTY shall promptly pay the CONTRACTOR the amount
so withheld, or any adjustment thereto agreed to by the COUNTY and the CONTRACTOR,
RACT'OR,
when the CONTRACTOR corrects the reasons for such action to the COUNTY's satisfaction.
5.4 All payments made to the CONTRACTOR, whether Progress or Final, shall be in strict accordance
with the "Local Government Prompt Payment Act" addressing payment, retainage, and punch list
procedures for the perforirnance of the Work,
5,5 The CONTRACTOR warrants and guarantees that title to all the Work covered by an Application
for Payment, whether incorporated in the Work or not, shall pass to the COUNTY prior to the making of
the Application for Payment, free and clear of all liens, claims, security interests, purchase money security
interest, chattel paper or encumbrances of any nature whatsoever("Liens").
5.6 The CONTRACTOR shall promptly pay .all subcontractors, laborers, matcrialmen, and suppliers
upon receipt of payment from the COUNTY out of the amount paid to the CONTRACTOR on account of
such person's portion of the Work, the amount to which Stich person is entitled, rellecting percentages
actually retained from payments to the CONTRACTOR. The CONTRACTOR shall, by appropriate
agreement with each subcontractor or other person, require each subcontractor or other person to make
payments to sub-subcontractors in similar manner.
5.7 A Certificate of Payment, a progress payment,or partial or entire use of the Project by the COUNTY
shall not constitute acceptance of Work not in accordance with the Contract Documents.
5,8 In accordance with the provisions of 55.05, Florida Statutes, where the CONTRACTOR requires
a waiver firm laborers., materialmen, subcontractors, or sub-subcontractors (as each such term is defined
by 71 .01, Florida Statutes) of the right to make a claim against the Payment Bond in exchange for or to
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induce payment of a progress payment or a final payment, such waivers shall comply with the fonn set forth
in 255.05, Florida Statutes, as amended from time to time.
5.9 If one or more Notice of Dion-Payment is received by the COUNTY, no further payments will be
approved until non-payments)have been satisfied and a Release of Claim for each Notice of Non-Payment
has been submitted to the COUNTY. Upon request, the CONTRACTOR shall furnish acceptable evidence
that all such claims or liens have been satisfied_ U the CONTRACTOR fails to satisfy the non-payment;
the COUNTY may make payment and back-charge the CONTRACTOR for any and all casts associated
with such payment.
5JO If at anytime during the progress of the Work, the CONTRACTOWs actual progress is inadequate
to meet the requirements of the Agreement, the COUNTY may, but is not required to, notify the
CONTRACTOR to implement some or all of the following remedial actions at the sole cost and expense of
the CONTRACTOR:
A_ Increase construction manpower in such quantities and crabs as necessary to eliminate the
schedule progress deficiency;
B. Increase the number of working hours per shift, shifts per working clay, working days per week,
the amount of construction equipment, or any combination of the foregoing to eliminate the
schedule progress deficiency;
C. RescheduIe the Work in conformance with the specification requirements.
5.l l Neither such notice by the COUNTY nor the C OUNTY's failure to issue such notice shall relieve
the CONTRACTOR of its obligation to achieve the quality of the Work and rate of progress required by
the Agreement,
ARTICLE 6
TIME OF PERFORMANCE
6.1 TIME IS OF THE ESSENCE. FOR EACH WORK ORDER ISSUED UNDER THIS
AGREEMENT.
6� 1.I Substantial Completion
The following items, as applicable, shall be completed prior to an inspection for Substantial Completion:
1, All general construction completed and the project components shall be clean, and all
systerris fully functional.
1 All mechanical and electrical Work substantially complete, fixtures in place, connected,
cleaned and usable.
3. All electrical circuits sliall be scheduled in panels, and all panels and disconnect switches
properly labeled.
4, All painting shall be completed; all signs installed.
5. All floors, glass and metal Work shall be cleaned.
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6. All finish hardware shall be installed, and all doors shall be in goad Working order.
7. Project site shall becleared of the CONTRACTOR'S excess equipment, temporary
facilities, trailers, and/or building supplies. All temporary construction shall be removed, and all Sitework
completed_
All operations and maintenance manuals for all equipment shall have been submitted.
. Manufacturers certifications and warranties shall be delivered to COUNTY.
10. All operations and maintenance training related literature, soltware and back-up disks have
been provided.
11. All required spare parts, materials, as well as any special measuring devices and tools shall
have been provided to COUNTY.
1 _ All air and water balancing reports shall have been submitted.
13. All keys and blanks shall have been provided.
6.1.2 When CONTRACTOR considers the entire Work Order ready for its intended use CONTRACTOR
shall notify COLFNTY in writing that the entire Work is substantially complete (except for items spec i.tica]ly+
listed by CONTRACTOR as incomplete) and request that Engineer issue a certificate of Substantial
Completion. Promptly thereafter, COUNTY and. CONTRACTOR., and Engineer shall snake an inspection
of the Work to determine the status of completion. For the purpose of this Contract,and for the compliance
of those procedures, duties and obligations as set forth in Section 218.70 and Section 218.735, Florida
Statutes the term `Substantial Completion" is defined as that point where COUNTY is able to enjoy
beneficial occupancy of the Work and where the Work has achieved that level of completion such that
COUNTY is able to utilize the entire Project I'or its intended purposes, including but not limited to the
completion of all specified systems and items relating to Life, safety and regulatory use, with the exception
of incidental or incomplete items except where a lacy of completion of such incidental or incomplete items
of Work will adversely affect the complete operation of other areas of the Work. Additional conditions (if
any) needed to achieve Substantial Completion of the Work and which are pfoJect specific are as set forth
in attached Exhibits. If COLT TY and Engineer do not consider the Work substantially complete, Engineer
will notify CONTRACTOR in writing giving the reasons therefore, if Engineer considers the Work
substantially complete, Engineer will prepare and deliver to COUNTY a tentative certificate of Substantial
Completion which shall fix the date of Substantial Completion. If Engineer considers the Work
substantially complete, then, for construction projects having an estimated cost of less than 10 million
dollars:.
In addition to Section 218,735, Florida Statutes, punch list procedures to reader the Work complete,
satisfactory and acceptable are established as follows:
I. Within five(5)days of Substantial Completion of the construction services purchased as defined
in the Contract, CONTRACTOR shall schedule a walkthrough with COUNTY ("Initial
Walkthrough" afk/a "IW"). The purpose of the IW is to develop a preliminary checklist
("Checklist") of items to be performed by the CONTRACTCIR, based upon observations made
jointly between the CONTRACTOR and COUNTY during the IW. The IW is to occur within
ten(10)days of Substantial Completion of the Work as defined by the Contract, again predicated
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upon the CONTRACTOR'S timely initiation of a request for the IW. At its option, COUNTY
may conduct the IW with its Field Inspector.
2. CONTRACTOR shall endeavor to address and complete as many items as possible noted on the
Checklist either during the IW itself, or thereafter for a period of rifteen (15) days from the date
of the, IW.
3. No later than fifteen (15) days following the scheduled IW, CONTRACTOR shall main initiate.
and request a second walkthrough of the Project with COUNTY. The purpose of this second
walkthrough is to identify which items remain to be performed from the IW Checklist and to
supplement that list as necessary (based, l'or example,upon work which may have been damaged
as a result of the CONTRACTOR'S performance of completion of items contained on the IW
Checklist) and for the purpose of developing a joint Final Punch list,
4. The intent of this section is for COUNTY and the CONTRACTOR to cooperate. to develop a
Final Punch list to be completed no later than thirty (30) days from the date of reaching
Substantial Completion orthe construction services purchase as de lined in the Contract,
5, In no event may the CONTRACTOR request payment of final retainage under Section 71 .735,
Florida Statutes until the CONTRACTOR considers the Final Punch list to be I00"/o complete.
E CONTRACTOR agrees to complete the Final Punch list items within forty-five(45) days of the
date of its issuance by COLTNTY,
T CONTRACTOR acknowledges and agrees that no item contained on the Final Punch list shall
be considered a warranty item until such time as (a) the Final Punch list is 100% complete, and
(b) COUNTY has been able to operate or utilize the affected punch list item for an additional
period of fifteen (15) days.
& CONTRACTOR acknowledges and agrees that COUNTY may, at its Option, during
performance of the Work and prier to Substantial Completion, issue lists of identified non-
conforming or corrective work for the CONTRACTOR to address. The intent of any such
COUNTY generated lists prior to Substantial Completion is to attempt to streamline the punch
list process upon achieving Substantial Completion, and to allow for the CONTRACTOR to
address needed areas of corrective work as they may be observed by COUNTY during
performance of the Work.
. CONTRACTOR acknowledges and agrees that in calculating. 150% of the amount which may
be withheld by COUNTY as to any Final Punch list item for which a good faith basis exists as
to it being complete, as provided for by Section 218.735, Florida Statutes, COLTNTY may
include within such percentage calculation its total costs flor completing such item of work,
including its administrative casts as well as costs to address other services heeded or areas of
work which may be affected in order- to achieve full completion of the Final Punch list item.
Such percentage shall in no event. relate to the schedule of value associated with such Work
activity, but rather total costs are based upon the value (i.e. cast) of completing such Work
activity based upon market conditions at the time of Final Punch list completion.
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Agenda Item #19.
6.1.3 COUNTY shall have the right to exclude CONTRACTOR from the Site after the date of Substantial
Completion, but COUNTY shall allow CONTRACTOR reasonable access to complete or correct items on
the tentative list.
6.2 Partial Utilization
A. Use by COUNTY at COUNT 'S option of any substantially completed part of the Work
which has specifically been identified in the Contract, Documents, or which COUNTY, Engineer, and
CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by
COUNTY for its intended purpose without significant interference with CONTRACTOR'S performance of
the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to
the following conditions.
1. COUNTY at anytime may request CONTRACTOR in writing to permit COUNTY to use any
such part of the Work which COUNTY believes to be ready for its intended use and substantially complete.
If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR wit certify
to COUNTY and Engineer that such part of the Work is substantially complete and request Engineer to issue
a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify
COUNTY and Engineer in writing that CONTRACTOR considers any such part of the Work reader for its
intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion
for that part of the Work. Within a reasonable time after either such request, COUNTY, CONTRACTOR,
and Engineer shall make an inspection of that part of the Work to determine its status of completion. If
Engineer does not consider that kart ofthe Work to be substantially complete, Engineer will not i1y COUNTY
and CONTRACTOR in writing giving the reasons therefore.
2. No occupancy or separate operation of part of the Work may occur prior to compliance with
this Agreement regarding property insurance.
6.3 Final inspection
A. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof
is complete, Engineer will promptly make a final inspection with COUNTY and CONTRACTOR and will
notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is
incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete
such Work or remedy such deficiencies.
6A Final Payment
A. Application for Payment
. Affer CONTRACTOR has, in the opinion of Engineer, satisfactorily completed all corrections
identified during the final inspection and has delivered, in accordance with the Contract Documents,all main-
tenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance
certificates of inspection, marred-up record documents, and other documents, CONTRACTOR may make
application for final payment following the procedure for progress payments and §218.70 ct. scq., Fla. Stat.
1 The final Application 11or Payment shall be accompanied (except as previously delivered)by:
(i) all documentation called for in the Contract Documents, including but not limited to the evidence of
insurance required (ii) consent of the surety, if any, to final payment; and (iii) complete and legally effective
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Agenda Item #19.
releases or waivers (satisfactory to COUNTY) of all Lien rights arising out of or Liens filed in connection
with the Work.
3. In lieu of the releases or waivers of Liens and as approved by COLTNTY, CONTRACTOR
may furnish receipts or releases in full and an affidavit of CONTRACTOR that: 0) the releases and receipts
include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls,
material and equipment bills, and other indebtedness connected with the 'Work for which COUNTY or
COUNTY'S property might in any way be responsible have been paid or otherwise satisfied. If any
Subcontractor or Supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a
Bond or other collateral satisfactory to COUNTY to indemnify COUNTY against any Lien.
B, Review of Application and Acceptance
1. If,on the basis of Engineer's observation of the Work during construction and final inspection,
and Engineer's review of the find Application for Payment and accompanying documentation as required by
the Contract Documents,Engineer is satisfied that the Work has been completed and CONTRACTOR'S other
bligations under the Contract Documents have been fulfilled, Engineer will, within terl days alter receipt of
the final Application for Payment, indicate in writing Engineer's recommendation of payment and present the
Application for Payment to COUNTY for payment. At the same time Engineer will also give written notice
to COUNTY and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.09.
Otherwise, Engineer will return the Application for Payment to CONTRACTOR, indicating in writing the
reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary
corrections and resubmit the Application for Payment-
C. Payment Becomes Due
1. Upon completion of all items on the punch list, final payment is due twenty-five business days
.after the payment request or invoice is stamped as received by County, Payment on a corrected payment
requests, must be paid or rejected on the later of:
a, Ten (10) business days after the date the corrected payment request or invoice is stamped as
received} or
b. If the governing body is rewired by ordinance, charter or ether law to approve or reject the
corrected payment request, the l r t business day after the next regularly scheduled meeting or
the COUNTY held after the corrected payment request is stamped as received.
If good faith dispute exists as to whether one or more items identified on the list have been completed
pursuant to the contract,the COUNTY may continue to withhold an amount not to exceed 150 percent of the
total costs to complete such iterns.
6,5 If Substantial. Completion is not obtained at the inspection called by the CONTRACTOR, for
reasons that are the fault of the CONTRACTOR, the cost of any subsequent inspections requested by the
CONTRACTOR for the purpose of determining Substantial Completion shall be at the cost of the
CONTRACTOR and shall be assessed against the final payment application. Punch list items recorded as
a result of inspections for Substantial Completion .are to be corrected by the CONTRACTOR within the
time-frame established_
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Agenda Item #19.
ARTICLE 7
LIQUIDATED DAMAGES; FORCE MAJEURE
7A Upon failure of the CONTRACTOR to Substantially Complete the Agreement within the specified
period ol` time, plus approved time extensions, the CONTRACTOR shall parr to theCOUNTY daily
liquidated damages in the amount shown on Page 1 of this Agreement to reflect the COUINT 's estimated
damages resulting from the delay to Substantial Completion,
T2 Upon failure of the CONTRACTOR to Finally Complete the Agreement within the specified period
of time, plus approved tirne extensions, the CONTRACTOR shall pay to the COUNTY daily liquidated
damages in the amount shown on Page 1 of this Agreement to reflect the COUNTY's estimated damages
resulting from the delay to Final Completion.
7.3 Milestones, milestone completion dates,and applicable Liquidated Damages shall be in accordance
with the Contract Documents.
7A If the milestones are not strictly complied with, then Liquidated Damages will be assessed against
the CONTRACTOR, which are agreed upon, and it is further agreed that such Liquidated Damages bear a
reasonable relationship to damages to be incurred by the COUNTY, and are not a penalty.
TS Farce Majeure. A party shall not be liable for any failure of or delay in the performance of this
agreement for the period that such failure or delay is beyond the reasonable control of a party, materially
affecting the performance of any of its obligations under this agreement, and could not reasonably have
been foreseen or provided against, but will not be excused for failure or delay resulting from only general
economic conditions or other general market effects. If either Party invokes this provision to avoid
performance of any obligation under this Agreement and a Court determines that party wrongfully invoked
this provision to evade performance of such an obligation, the aggrieved party Shall be entitled to its
reasonable attorney's fees and casts for obtaining the C:ourt's determination of the same.
ARTICLE
CLAIMS FOR ADDITIONAL TIME
8.1 If the CONTRACTOR'S performance of this Contract is delayed: i) which delay is beyond the
reasonable. control and without the fault or negligence of the CONTRACTOR or its subcontractors; or ii)by
changes ordered in the Work, and in either event where such delay or change in the Work affects the critical
path, their the Contract Time shall be extended by Change Order as determined by theCOUNTY , If the
CONTRACTOR wishes to make Claim for an increase in the Contract Time, CONTRACTOR shall provide
CCI'LTTY a written notice of claim upon discovering the cause of the alleged delay. Such notice of claim
shall include the following information, or else be waived:
1. Nature of the delay or change in the Work;
2, Dates of commencement and cessation of the delay or change in the Work;
1 Activities on the current progress schedule affected by the delay or change in the Work;
4, Identification and demonstration that the delay or change in Work affects the critical path:
5, Identification of the source of delay or change in the Work;
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Agenda Item #19.
6. Anticipated extent of the delay or change in the Work; and
7. Recommended action to minimize the delay.
8.2 The CONTRACTOR shall net be entitled to any extension of time for delays resulting 1`rom any
cause unless CONTRACTOR has notified the COUNTY in writing within seven (7) days of
commencement of the delay.
$.3 No Damages for Delay;Exclusive Remedy. The CONTRACTOR shall not be entitled to and hereby
waives any and all claims for damages which it may suffer by reason of delay, acceleration, lass of
efficiency, or ether related time or impact-based claims (hereinafter collectively "delay") or Cor delay
attributable to any foreseen or unforeseen condition, or for delays claimed to be the result of active,
intentional, knowing, or passive interference by the COUNTY, or its agents, and waives damages that it
may suffer by reason of such claims for lost profits, loss or impairment of bonding capacity, destruction of
business, extended overhead, supervision, extended, unabsorbed home office overhead; the extension of
time granted herein, being the CONTRACTOR's sole remedy, with the exception that in the event of
demonstrated critical, compensable, non-concurrent delay suffered by the CONTRACTOR, the
CONTRACTOR may claim as its sole and exclusive remedy any associated,extended directiobsite general
conditions expended by the CONTRACTOR (Hereinafter "applicable extended general conditions") in a
sum not to exceed $250.00 per each day of delay. Apart from extensions of time or acceleration costs
approved by the COUNTY and any applicable extended general conditions, no payment of clai n for delay
damages shall be made to the CONTRACTOR as compensation for damages for any delays or hindrances
from any cause whatsoever in the progress of the fork, whether such delay be avoidable or unavoidable.
Notwithstanding anything herein to the contrary, provided the CONTRACTOR has otherwise satisfied the
requirements of this Agreement, the CONTRACTOR shall be entitled to an increase in the Contract Price
based upon approved general condition, insurance, and Mond prernium costs resulting from delays for which
the COUNTY has approved by Change Order or Construction Change Directive, provide, however, the
COUNTY shall not be rewired to pay such additional amounts for any days following the date on which
the CONTACTOR achieves Final Completion Cor the appropriate portion or(he Work,
8.4 The time during which the CONTRACTOR is delayed in the perliarrnance of the Work by the acts
or omissions of the COUNTY, acts of God, unusually severe and abnormal climatic conditions or ether
conditions beyond the CO TRACTOR's control and which the CONTRACTOR could not reasonably have
foreseen and provided against, shall be added to the Contract Time stated in the Agreement; provided,
however,that no claim by the CONTRACTOR for an extension of time for such delays be considered unless
made in accordance with Paragraph 8.1.
8.5 The COUNTY shall not be obligated or liable to the CONTRACTOR for and the CONTRACTOR
hereby expressly waives any claims against any damages, costs, or expenses of .any nature whatsoever
which the CONTRACTOR, its subcontractors or sub-subcontractors may incur as a result of any delays,
interferences, suspensions, rescheduling, changes in sequence, congestion, disruptions or the like, arising
from or out of any act or omission of the COUNT , or any of the events referred to in Paragraph 8.4 above,
it being understood and agreed that the CONTRAC.TOR's sole and exclusive remedy in such event shall be
an extension of Contract Time, but only if claim is properly made in accordance with Paragraph 8.1.
8.6 IC adverse weather conditions are the basis for a Claim for additional time, such Claim shall be
documented by data substantiating that weather conditions were abnormal for the period of time, could not
have been reasonably anticipated, and had an adverse effect on the scheduled critical path of construction.
Based on 30-Year, National Weather Service historical rainfall averages for Martin County, the
Page.20 of 44 RFB2021-331 ;
Infrastructure Construction d` eWof 590
Agenda Item #19.
CONTRACTOR shall anticipate the amount of rainfall days affecting the schedule as normal conditions
outlined in the following months below:
JAN FEB MAR APR MAY JL]NE JULY AUG SEP OCT NOV DEC
2 2 3 2 3 5 5 fi 6 5 3 2
ARTICLE
SITE CONDITIONS
9.1 Field Measurements. Eerore undertaking each part of the comtruction, the CONTRACTOR shall
carefully study and compare the Contract Documents and cheek and verify pertinent figures shown thereon
and all applicable field measurements. The CONTRACTOR shall promptly report in writing to the
COUNTY any conflict, error, or discrepancy that the CONTRACTOR or any of its subcontractors or
Suppliers may discover and shall obtain a written interpretation or clarification from the COUNTY before
proceeding with any Work affected. The CONTRACTOR shall remain liable to the COUNTY for failure to
report any conflict, error, ambiguity, or discrepancy in the Contract D( urnents prepared by the
CONTRACTOR.
,2 Differing Site Conditions, The CONTRACTOR shall promptly, and before such conditions are
disturbed, notify the COUNTY TY in %e-riting of: ( subsurface or latent physical conditions at the site
differing materially from those indicated in this Agreement; or(R) unknown physical conditions at the site
of an unusual nature, differing materially from those ordinarily encountered and generally recognized as
inherent in the Work of the character provided for in this Agreement. The COUNTY will promptly
investigate the conditions, and irit linds that such conditions do materially so dil`Cer and caijw are increase
or decrease in the CONTRA TOR's cost of, or the time required for, performance of any part of the Work
under this Agreement, an equitable adjustment shall be made and the Agreement modified in writing
accordingly. The CONTRA.CTOR's failure to provide notice upon discovery of the differing site condition
shall waive any entitlement to such an adjustment in the Contract Price or Contract Time.
.3 physical Conditions llncluding UnderUound Facilities). The CONTRACTOR shall have full
responsibility for physical conditions, and Underground Facilities owned by the COUNTY or others, as
shown or indicated in the Contract Documents. The CONTRACTOR shall have lull responsibility for
reviewing and checking all such information and data, The COUNTY shall not be responsible for accuracy
or completeness of data, plans, and specifications and the CONTRACTOR shall have full responsibility for
checking all information and data. If the Contract Documents necessitate amending to order changes in the
Work due to Underground Facilities owned by the COUNTY or others,whether they be shown or indicated
or newly discovered, the COUNTY shall authorize the required changes in the Work by Change Order. If
those Underground Facilities owned by the COUNTY or others cause or will cause delays in the
performance or extend completion of all or part of the work, the CONTRACTOR. shall absorb all related
delay, extension, or acceleration costs, however caused, except that if the COUNTY and the
CONTRACTOR agree that the delays require a change in Contract Time, the COUNTY shall authorize the
necessary change in Contract Time only to the extent that such delays exceed 30 (thirty) days impact to
controlling work items. However, an extension in Contract Time, when and if so granted shall be the
CONTRACTOR', sale and exclusive remedy with respect to the COUNTY for any delay, disruption,
ntel'ferenc:e, inefficiency, acceleration, extension or hindrance, and associated costs, however caused,
resulting from variance in the location or configuration of Underground Facilities owned by the COUNTY
or others as shown or indicated, or from newly discovered Underground Facilities owned by the COUNTY
or others.
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Infrastructure Construction d` e -of 590
Agenda Item #19.
9A Special Requirements for Underground Facilities. The CONTRACTOR shall have full
responsibility for the following list.. Except as otherwise provided, all costs involved. and time required to
perform these responsibilities shall be considered as having bcccn included in the Contract Price and in the
CONTRACTOR's schedule for the performance of the Work within the Contract Time, even if the Contract
Documents need amending to authorize minor deviations orchanges in the Work due to those Underground
Facilities including utilities.
A. Field loQating any and al] Underground Facilities including utilities shown or indicated as to depth
and alignment in advance of excavation;
B. Notifying. the COUNTS' of any newly discovered Underground facility and promptly notifying
that the COUNTY of that discovery-,
C. Shoring, blocking and protecting Underground Facilities including utilities shown, indicated or
discovered}
D. Coordination, scheduling and sequencing the Work with the COUNTY's of all Underground
Facilities shown, indicated or discovered;
E, Repairing any damage to the satisfaction of the COUNTY,to the extent that the damage was due
to the CONTRACTOR's failure to adhere to the requirements, or to the fault or negligence of the
CONTRACTOR: and
F. The safety and protection of any affected the Work, and for repairing any damage done to the
work.
.5 if those Underground Facilities owned by the COUNTY or others cause or will cause delays in the
performance or extend completion of all or part of the work, the CONTRACTOR shall absorb all related
delay, extension or acceleration costs, however caused, except that if the COUNTY and the
CONTRACTOR agree that the delays require a change in Contract Time, the COUNTY shall authorize the
necessary change in Contract Time only to the extent that such delays exceed 30 (thirty) days impact to
controlling work items. However, an extension in Contract Time, when and if so granted shall be the
CONTRACTOR's sole and exclusive remedy with respect to the COUNTY for any delay, disruption,
interference, inefficiency, acceleration, extension or hindrance and associated costs, however caused,
resulting from variance in the location or configuration of Underground Facilities owned by the COUNTY
or others shown or indicated, or from newly discovered Underground Facilities owned by the COUNTY or
others.
,6 Unless it prejudices the Work already excavated and uncovered,the CONTRACTOR shall schedule
layout, excavation and uncovering of the Work or Underground Facilities a sufficient time in advance to
allow the COUNTY"S design professional's review, and the possible amending or supplementing of the
Contract Documents.
ARTICLE 10
INDEMNIFICATION
The CONTRACTOR hereby assumes entire responsibility and liability for any and all damage or injury of
any kind or nature whatever (including death resulting therefrom) to all persons, whether employees of any
tier of the. CONTRACTOR, lis SUBCONTRACTS, CONSULTANTS or SUPPLIERS or otherwise, and to
all property caused by, resulti,ig from, arising out of or occurring in connection with the execution of the
Contract, or in preparation fOr tic work and services under this Contract, or any extension, modification, or
Page 22 of 44 RFB2021-331 ;
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Agenda Item #19.
atrtendment thereto by change order to otherwise.
CONTRACTOR hereby agrees to indemnify and held harmless MARTIN COUNTY, its BOARD OF
COUNTY COMMISSIONERS, and its officers and employees from liabilities, damages, lawsuit:-,,and costs,
including btLt not limited to,reasonable attorney's fees and court costs, to the extent caused by the negligence,
recklessness or intentional wrongful misconduct of the CONTRACTOR or persons employed or utilized by
the CONTRACTOR in the performance of the Construction Contract,
ARTICLE 11
TERMINATION
11,1 Notwithstanding any other provision of this Contract, the CONTRACTOR maybe held in default
of its contractual obligation under this Contract if the CONTRACTOR:
L refuses or fails to supply enough properly skilled workers or proper and sufficient materials
and equipment
1 fails to make payment to Subcontractors for materials or labor in accordance with the
respective agreements between the CONTRACTOR. and the Subcontractors;
3, disregards laws, ordinances, or rules, regulations or orders of a public authority having
jurisdiction;
4, performs Work that does not conform to Work Order requirements;
5. fails to meet. the Work Order schedule or fails to make progress on the Work so as to
endanger performance of the Work Order;
6� abandons or rel`u es to proceed with any or all Work; or
7, otherwise breaches, fails to comply fully with, or is in default of any provision of the
Contract Documents or Work Order.
11.2 The COUNTY roust provide written notice to the CONTRACTOR notifying it that the COUNTY
is declaring it in default and providing the CONTRACTOR with three (3) business days alter receipt of
such written notice of default, to cure such default, In the event that the CONTRACTOR fails to cure the
default within the three ( ) day default period, the COUNTY may:
1. take possession of the Work site and of all materials, equipment, tools, and construction
equipment and machinery thereon owned by the CONTRACTOR;
2, accept assignment of subcontracts pursuant to this Agreement; and.
3. finish the Work by whatever reasonable method the COUNTY may deem expedient, and
charge all completion casts against any monies owed or to be owed to CONTRACTOR, or back charge
CONTRACTOR for any and all such completion costs, or
4, terminate the CONTRACTOR and hire a completion CONTRACTOR to finish the Work
by whatever reasonable method the COUNTY may deem expedient, and charge all completion costs,
Page 23 of 44 RFB2021-33 13
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Agenda Item #19.
including costs for construction, architectural, engineering, project management, and any other expenses,
against any monies owed or to be awed to CONTRACTOR, or back charge CONMACTOR for any
and all such completion costs, or
5. set oft"any and .all such completion costs against any monies then due or to become due on
any other projects that the COUNTY has with CONTRACTOR.
11.3 Upon default, CONTRACTOR shall not be entitled to receive further payment until the fork is
finished.
11.4 Jr, after notice or termination, it is determined for any reason that the CONTRACTOR was not in
default, or that the delay was excusable under the provisions of the Contract Documents, the rights and
obligations of the parties shall be the same as if the notice of termination had been a Termination by the
COUNTY for Convenience.
11.5 Pursuant to Section 287.135, Fla. Stat., the COUNTY may immediately terminate this Agreement
for cause if the CONTRACTOR, its affiliates, or its subcontractors are found to have submitted a false
certification per Section 4.22 of this Agreement; or if the CONTRACTOR, its affiliates, or its
subcontractors are placed on any applicable scrutinized companies list or engaged in prohibited contracting
activity during the term of this Agreement. As provided in Section 287.135(8), Fla. Stat., if federal law
ceases to authorize these contracting prohibitions then they shall become inoperative.
11.6 Termination by the COUNTY for Convenience. Notwithstanding any other provision to the
contrary in the Contract Documents,the COUNTY reserves the right at any time and in its sole and absolute
discretion to terminate the services of the CONTRACTOR with respect to the Work by giving written notice
to the CONTRACTOR. In such event, the CONTRACTOR shall be entitled to, and the COUNTY shall
reimburse the CONTRACTOR for, an equitable portion of the Contract Price based on the portion of the
Work completed prior to the effective date of termination and for any other reasonably expended costs
attributable tea such termination_ However, CONTRACTOR shall not be entitled to receive its anticipated
profits for any unperformed Work.
ARTICLE 13
SUSPENSION OF WORK
The COUNTY may, without cause, order the CONTRACTOR in writing to suspend, delay or intemrpkt the
Work in whole or in part for such period of time as the COUNTY may determine.
ARTICLE 13
CHANGES IN THE WORK
13.1 The COUNTY may, at any time or from time to time, order additions, deletions, or revisions in the
Work by requesting a proposal from the CONTRACTOR detailing the proposed additions, deletions, or
revisions to the Work. The proposal shall include such details as roan-hours, man-hour rates, quantities,
quantity unit rates, equipment, equipment unit rates, and mark-ups. The CONTRACTOR shall complete
and return the proposal to the COUNTY within 10 (ten) days from receipt thereof. The proposal shall
include any increases or decreases in Contract Time or Contract Price and shall include any additional
modifications required by virtue of the requested change, whether or not such additional modifications were
specifically identified in the request for proposal. The proposal may then be: (A) issued as a Change Order
in accordance with the previsions of the Contract Documents, (B) modified and thereafter issued as a
Change Order in accordance with the provisions of the Contract Documents; or(C)withdrawn.
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Agenda Item #19.
13.2 The COUNTY may authorize minor changes or alterations in the Work involving minimal cost or
time and not inconsistent with the overall intent of the Contract Documents. These may be accomplished
by a Field Order. If the CONTRACTOR believes that any minor change or alterations authorized by the
COUNTY entitles it to an increase in the Contract Price or extension of Contract Time, it shall treat the
Field Order as a request liar proposal and issue a proposal for the change in Contract Price and Contract
Time prior to proceeding with the Fork covered in the Field Order. The procedures outlined in the Contract
Documents shall then be followed. Acceptance of the Final Payment by the CONTRACTOR shall
constitute acknowledgment by the CONTRACTOR that all payments due for modifications required under
Field Orders have been incorporated into the Final Payment.
13.3 Additional Work performed by theCONTRACTOR without authorization of a written Change
Order will not entitle it to an increase in the Contract Price or an extension of the Contract Time.
13.4 It is the CONTRACTOR's responsibility to notify its Surety or any changes affecting the general
scope of the Work or change in the Contract Price and the amount of the applicable Bonds shall be adjusted
accordingly. The CONTRACTOR shall furnish proof of such adjustment to the COUNTY.
13.5 The COUNTY may,at anytime,without notice to the Surety,by Field Carder or by properly executed
Change Order, make any change in the Work within the general scope of the Contract Documents, including
but not limited to changes:
A. in the Drawings and designs, and Specifications;
B. in the method or manner of performance of the Work;
C. directing acceleration in the performance of the Work.
13.6 Except as herein provided, no order, statement, or conduct of the COUNTY shall be treated as a
Change Order or Field Order or entitle the CONTRACTOR to an equitable adjustment hereunder,
13,7 No claim by the CONTRACTOR Igor an equitable adjustment hereunder shall be allowed i r asserted
,after final payment under this Agreement,
13.8 The value of any Mork covered by a Field Order, Change Order or of any claim for an increase or
decrease in the Contract Price shall be determined in one of the following ways at the sole discretion of the
COUNTY-
A. where the Work involved is covered by unit prices contained in the Contract Documents, by
application of unit prices to the quantities of the items involved}
B. by negotiated lump sum; or
C, cost plus. ll' this option is selected, the COUNTY reserves the right to request any and all
documentation from the CONTRACTOR. in support of its foregoing Actual Costs, and the
CONTRACTOR agrees promptly to supply such information.
13. E For changes in the Mork performed by the CONTRACTOR's own forces,the CONTRACTOR shall
be entitled to a percentage 10% (ten percent:) mark-tap for Actual Casts as defined in Section 1.
13.10 For changes in the Work performed by subcontractors: (A) the subcontractor shall be entitled to
mark-up the cost of the change(s) by 10% (ten percent), and (13) the CONTRACTOR shall be entitled to
mark-up the subcontractor's total by 5°/n (five percent). The foregoing shall be the maximum amount
allowable fir subcontractor's and the CONTRACTOR's .Actual Costs as defined in Section l.
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Agenda Item #19.
ARTICLE 14
MATERIALS, EQUIPMENT AND WORKMANSHIP;IP; SUBSTITUTIONS
14.1 Only new, unused items of recent manufacture, of designated quality, free from defects, will be
accepted. Rejected items shall be removed immediately from the Work and replaced with items of specified
quality. Failure by COUNTY to order removal of rejected materials and equipment shall not relieve
CONTRACTOR from responsibility for quality of the materials supplied nor from any other obligation
under the Contract Documents.
14.2 No Work defective in construction or quality, or deficient in meeting any requirement of the
Contract Drawings and Specifications will be acceptable regardless orCOUNTY'S failure to discover or to
point out defects or deficiencies during construction; nor will the presence of field representatives at the
Work or the satisfaction of the WORK meeting applicable code requirements relieve CONTRACTOR from
responsibility for the quality and securing progress of Work as required by the Contract Documents.
14.3 Prior to proposing any substitute item, CONTRACTOR shall satisfy itself that the item proposed is,
in fact, equal or better to that specified, that such item k III fit into the space allocated, that such item affords
comparable ease of operation, maintenance and sere]-Qe, that the appearance, longevity and suitability for
the climate are comparable, and that by reason of cost savings, reduced construction time, or similar
demonstrable benefit, the substitution of such item will be in COUNTY''S interest, and will in no way have
a detrimental effect upon the Project completion date and schedule.
143,1 The burden of° proof of equality o r a proposed substitution for a specified item shall be upon
CONTRACTOR. CONTRACTOR shall support its request with sufficient test data and other means to
permit COUNTY to make a fair and equitable decision on the merits of the proposal. CONTRACTOR
shall submit drawings, samples, data and certificates and additional information as may be required by the
COUNTY for proposed substitute items as required by the Contract Doc tnents.
14.3.2 Any item by a manufacturer other than those speccilied or of krand name or model number or of
generic species ether than those specified will be considered a substitution. COUNTY will be the sale
judge of whether or not the substitution is equal in quality, utility and economy to that specified,
14.3.3 CONTRACTOR shall allow an additional fifteen(15) days for C}OUNT 'S review of substitutions.
All requests for substitutions with submittal data must be made at least fifty (50) days prior to the time
CONTRACTOR must order, purchase or release for manufacture or rabrication. Approval of a substitution
shall not relieve CONTRACTOR from responsibility for compliance with all requirements of the Contract.
CONTRACTOR shall coordinate the change with all trades and bear the expense for any changes in other
parts of the Work caused by any substitutions.
14.3A If COUNTY rejects COI TRAC:TOR'S substitute item on the first submittal, CONTRACTOR may
make only one additional request fir substitution in the same category. Upon the second request, the
CONTRACTOR shall be invoiced the expenses of the COUNTY allocable to the review of such submittal
Bata.. The foregoing amounts shall be deducted, as applicable, from the next succeeding partial payment to
the CONTRACTOR, or from the final payment.
ARTICLE 15
COMPLIANCE
15.1 All work, labor, materials and equipment provided under each Work order shall be performed in
Page 26 of 44 RFB2021-33 I ;
Infrastructure Construction d` eMcOf 590
Agenda Item #19.
strict compliance with any and all applicable building and fire, life and safety codes and strictly in
accordance with plants and specifications. CONTRACTOR must satisfy itself that the Plans, Drawings and
Specifications in fact comply with all applicable codes. CONTR4C.TOR. shall notify COUNTY prior to
commencement of Work of any requirement of the plans and specifications not in strict compliance with
such codes. There will be no extra payment for compliance to existing codes or any item of interpretation
regarding enforcement of existing cedes. CONTRACTOR is representing by acceptance of this Agreement
that it has thoroughly researched all applicable codes and regulations affecting this Project.
15.2 If, during the term of this Contract, there are anychanged or new laws, ordinances or regulations
not known or foreseeable at the time of signing this Contract which become effective and which affect the
cost or time of performance of the Contract, CONTRACTOR shall immediately noti fy COUNTY ire writing
and submit detailed documentation of such.effect in terms of both time and cost of performing the Contract.
Upon concurrence by COUNTY as to the effect of such changes, an adjustment in the Contract Price and/or
time of performance will be made. If any discrepancy or inconsistency should be discovered between the
Contract Documents and any law, ordinance, regulation, order or decree, CONTRACTOR shall
immediately report the same in writing to COUNTY who will issue such instructions as may be necessary.
However, it shall not be grounds for a Change Order that the CONTRACTOR was unaware of or failed to
investigate time rules, codes, regulations,statutes, and all ordinances of all applicable governmental agencies
having jurisdiction over the Project or the Work.
15.3 CONTRACTOR shall. give all notices and at all times comply with all applicable laws, codes,
-ordinances, rules and regulations in effect during the time of performance of the Work.
15.4 CONTRACTOR shall deliver a product which will meet or exceed the Design Criteria package
standards, provide a complete and functional facility including but not limited to all necessary interfaces
between this facility and adjacent existing facilities, and/or anticipated future facilities. All built-in
equipment, systems, controls, devices and otherwise
necessary
for
� the
��epf�Af;iicient use and maintenance of the
facility and its related site work, except as other Wise noted an or clarified herein, shall be included in the
Work_
ARTICLE 1
NON-DISCRIMINATION
CONTRACTOR covenants and agrees that the CONTRACTOR shall not discriminate against any
employee or applicant for employment to be employed in the performance ol'the Agreement with the respect
to hiring, tenure, terms, conditions or privileges of'employment, or any matter directly or indirectly related
to employment because of age, sex, physical handicaps (except where based on a bona fide occupational
qualification) marital status, race, color, religion, national origin or ancestry.
ARTICLE 17
DEFECTIVE WORK
17.1 Rejecting Defective Work. The COUNTY shall have authority to disapprove or reject Work which
is "defective" (which term is hereinafter used to describe Work that is unsatisfactory, faulty{ or defective, or
does not conform to the requirements of the Contract Documents or does not meet the requirements of any
inspection, test or approval referred to in the Contract Documents, or has been damaged prior to final
acceptance). Such parties shall also have authority to require special inspection or testing or the Work as
such parties may individually or severally deem necessary, whether or not the Work is fabricated, installed
or completed.
Page 27 of 44 RFB2021-331 ;
Infrastructure Construction&MVegWof 590
Agenda Item #19.
17.2 Correction of Defective Work. Upon presentation of a Defective Work Notice to the
CONTRACTOR or CONTRACTOR'S Project Superintendent, the CONTRACTOR shall meet within
twenty-four (24) hours with the COUNTY, and, at the solo option of COUNTY, the CCOUNTY'S
representative, to discuss a work plan and time-line to correct the defective Work. The CONTRACTOR
shall have no more than five (5) working days to begin corrective action and repairs in accordance with the
agreed upon schedule; provided, however, all repairs to natural gas, telephone, radio, computer security,
water, waste water, electric air conditioning services and all emergency services shal l be commenced within
twelve (12).hours of noti ficat ion, or by 7:00 a.m. whichever is earlier, and CONTRACTOR shall complete
the repairs in an expeditious manner befitting the nature of the deficiency. If the CONTRACTOR refuses
to comply with the twenty Lour ( 4) hour meeting requirement, or the agreed upon correction schedule, the
COUNTY has the right to do any of the following: (1) correct any Work so performed by the
CONTRACTOR and deduct the expenses for doing so from the final payment due the CONTRACTOR, or
(2) hold back final payment due CONTRACTOR until such tune as the Work is completed to the
satisfaction of the COUNTY and in compliance with the Contract Documents. The COUNTY shall have
the sole discretion to determine if the Work is satisfactory and in compliance with Contract Documents.
The foregoing remedies are not exclusive and the COUNTY reserves the right to pursue any and all other
remedies it deems applicable.
ARTICLE 1
BONDS AND INSURANCE
18,1 Payment and Pert«rmance Bonds. The CONTRACTOR shall, upon execution and return of this
Agreement to the COUNTY, furnish a Public Payment Bond and a Performance Bond, pursuant to §255,05,
Florida Statutes, in at least an amount equal to the Contract Price, for any Agreement over $200,000 (two
hundred thousand dollars), covering the faithful performance of this Agreement and all the
C.ONTRACT(OR's faithful performance and payment of all the CONTRACTOR's obligations under the
Contract Documents. The Bonds shall be recorded at the Martin County Clerk of the Circuit Court's Office
at the CONTRACTOR's expense. The Surety must be included in the most recent Limited Staters
Department of the Treasury List of Acceptable Sureties. authorized to issue surety bands in Florida, and
which maintains a surety rating of"A-" or better. A complete copy of the fully executed Payment Bond
shall be posted in a conspicuous place at the Project site. If the Surety on any Bond furnished by the
CONTRACTOR is declared bankrupt, becomes insolvent, its authorization to do business in the State of
Florida is terminated, it ceases to be listed on the United States Department of Treasury List of Acceptable
Sureties, or its surety rating ceases to be an "A-" or better, the CONTRACTOR shall within 5 (five) days
thereafter substitute another Payment Bond, Performance Bind, and Surety, each of which shall be in
accordance with the Contract Documents and acceptable to the CCIUNTY . An action to enforce any claiin
against a payment bond must be brought within one year from the last furnishing of labor, services, or
materials, or as otherwise stated in §95.11 (5)(e), Florida Statutes. An action to enforce any claim against
a performance band must be brought within five years in accordance with §95.11( )(b) , Florida Statutes,
,and applicable case law.
1 .2 Insurance
A. Certificate of Insurance. One certified true copy of the policy or policies must be furnished by
the CONTRACTOR to the COUNTY prior to commencement of any demolition, Site Work,
Site preparation or construction Work_ The Certificate(s)of Insurance must state Martin County
and. its Beard of County Commissioners as an Additional Insured can all policies except the
Workers Compensation. The statement "Additional Insured" is to be listed in the Description
Page 28 of 44 RFB2021-331 ;
Infrastructure Construction d` eWof 590
Agenda Item #19.
Block of the Insurance Certificate along with the Project name. The indication that Martin
County Board of County Commissioners is a Certificate Holder is not sufficient for this issue.
The Additional Insured endorsement must be attached to the Certificate of Insurance and shall
include coverage for Completed Operations under the General Liability policy.
S. General Insurance Requirements. The CONTRACTOR and, where designated, each of its
subcontractors and sub-subcontractors shall obtain and maintain during the cull duration ol'the
Work required under this Agreement, and through any period of limitation allowed by law for
actions for personal injury, bodily injury, disease, death, property damages and other losses or
damages required to be insured hereunder, the following insurance coverages, in the type,
amounts, terms and in conformance with the following minimum requirements.
(i) All policies and endorsements shall be issued on Insurance Service Office (ISO) forms or on
forms providing broader and no less restrictive coverage_ Notwithstandi rig the 11oregoing,the form
and content of all policies and endorsements must be acceptable to the COUNTY. All insurance
carriers must carry an A.M. Best Bating of A.IX or getter and coverage should apply on a Primary
and Noncontributory basis. At the discretion of the COUNTY, other coverage types and for
specific endorsements may be required depending upon the type and scope of work to be
performed. All insurance must be acceptable by and approved by the COUNTY as to form and
types of coverage.
00 The policy(s) shall provide ror 30 (thirty) days prior written notice to the COUNTY, by
registered or certified mail, if cancellation or any change that will reduce the coverages required
herein..
(iii)The policy(s)shall be written for the Contract Times,commencing with the initial demolition,.
Site Work and/or Site preparation, and ending at the Final Completion and shall contain an
endorsement providing for extension of the policy(s) for up to 2 (two) years. The Products and
Completed Operations portions of the General Liability shall extend for a period of 14(ten) years
alter the Final Acceptance of the Project by the COUNTY and shall include an "Additional
Insured" endorsement.
(iv)All liability polices required herein shall be written on an occurrence basis
(v) The policies shall name the COUNTY, its commissioners and staff as additional insured
(including Completed Operations coverage under the General Liability) as their interest may
appear under this Agreement.
(vi)AII insurers shall agree to waive all rights of subrogation against the COUNTY and each
individual member of COUNT 's Board of County Commissionem Constitutional Officers, or
staff.
(vii) It is the responsibility or the CONTRACTOR to ensure any independent contractors acid
subcontractors utilized on the project also comply with these insurance requirements.
C. Premiums. The CONTRACTOR shall be solely responsible for payment of all premiums for
insurance required under this Agreement and shall be solely responsible for the payment of all
deductibles to which such policies are subject.
D. Specific Insurance Limits
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Agenda Item #19.
(i) Workers'Cotnpensation. The CONTRACTOR shall carry'Workers'Compensation insurance
on behalf of all employees who are required to provide a service under this Agreement, as
required by Chapter 440, Florida Statutes, and Employers liability of limits no less than:
500,000 each accident
S 500,01}0 disease - policy limit
500,000 each. employee
Should the scope of work performed by the CONTRACTOR qualify its employees for
benefits under Federal the Worker's Compensation Statute (i.e. Longshoreman & Harbor
the Workers Act or Merchant Marine Act), proof of appropriate Federal Act coverage must
be provided.
(ii) Commercial General Liability, with limits of not less than:
S 1,000,000 each occurrence
S l,000,000 personaVadvertising injury
S ,000,000 producttcicornpleted operations (per pr sect aggregate)
,004,000 general aggregate (per project aggregate)
S 100,000 fire damage legal (any l fire)
S 10,000 medical expense (any 1 person)
Coverage to include include bodily injury, property damage liability, personal and
advertising injury, products and completed operations, fire damage legal liability and
medical expense coverage. Contractual Liability is to be included to cover the hold harmless
agreement set forth in the Agreement_ Coverage is to extend to independent contractors and
fellow employees, XCU coverage is to be included. Overage is to include a crass liability
or severability of interest provision as provided under the standard ISO form separation of
insureds clause. There should be no "damage to your work" exclusion for work performed
by subcontractors. Policy is to include coverage for pollution release at project location in
which the insured is performing non-environmental operations. There shall be no exclusion
]'or mold, silica or respirable dust or bodily injury or property damage arising out of heat,
smoke, fumes or ash from a hostile fire. If the project involves environmental exposures,
Environmental Impairment Liability coverage shall be maintained.
(iii)Automobile Liability - $1 000,000 (one million dollars) Combined Single Limit coverage for
all owned, hired, leased and non-owned vehicles.
(iv)Umbrella Liabili - to include the Employers Liability, general liability and automobile in
underlying,policy schedule, with limits of not less than $1,000,000(tine million dollars).
(v) Hazardous Material - if the Work being performed involves hazardous materials, the need to
procure appropriate insurance coverage will be addressed in a modification to the Agreement.
However, if hazardous materials are identified while carrying out this Agreement, no further the
Work is to be performed in the area of the hazardous material until the COLNTY has been
consulted as to the need to procure and maintain such coverage.
L. Waiver of Subro ation. The CONTRA T011 hereby waives any and all rights of Subrogation
against the COUNTY, its officers, employees and agents for each required policy. When
required by the insurer, or should a policy condition not permit an insured to enter into a pre-
loss agreement to waive subrogation without an endorsement, then the CONTRACTOR shall
Fagg.30 of 44 RFB2021-331 ;
Infrastructure Construction d` e of 590
Agenda Item #19.
agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of rights
of Recovery Against Others, or its equivalent.
ARTICLE 19
PERFORMANCE GUARANTEE AND WARRANTY
19A All materials and cquipn,ci}t incorporated into any Work shall be warrantied and guaranteed as new
quality and of the highest grade of quality for their intended use. All Work shall be performed in goad
workmanship and shall be in accordance with all Contract Documents and industry standards. The Work
shall be functionally sound, technically proficient, developed with structural integrity, and shall be in
compliance with all governing laws, regulations, and applicable codes. The CONTRACTOR warrants all
Work against defects for a period of I (cane) year (unless longer guarantees or warranties are provided for
elsewhere in the Agreement or at law, in which case the longer periods of time shall prevail) from the date
of Substantial Completion, regardless of whether the Work was performed by the CONTRACTOR or any
of its subcontractors.
19.2 If defects are identified during the warranty period, the CONTRACTOR shall repair or replace the
defect and cure such defect within 48 (forty-eight) hours of receipt of written notice. The CONTRACTOR
warrants such repaired or replaced Work for a period of l (one) year from the completion of the warranty
work or the warranty period specified, whichever is Ionger, Should the CONTRACTOR 1`aiI to timely cure
such defects, the COUNTY may proceed to perform the work at the CONTR.ACTOR's expense and may
back charge the CONTRACTOR for all costs associated with the work.
19.3 The CONTRACTOR agrees to require that all of its subcontractors, suppliers, and materialrnen
provide warranties in their agreements at least sufficient to satisfy the CONTRA TOR's obligations in this
Agreement and the CONTRACTOR shall assign all such warranties to the COUNTY as a condition
precedent to the receipt of Final Payment. The CONTRACTOR agrees to defend and indemnify the
COUNTY against all fees and costs should the CONTRACTOR rail to obtain the warranty protections
required herein.
19.4 For all equipment that has a manufacturer's warranty, the CONTRACTOR shall assign such
warranty to the COUNTY. The manufacturer's warranty period shall be concurrent with the
CONTRACTOR's warranty to the COUNTY. In the event that the equipment manufacturer or supplier is
unwilling to provide such a warranty, the CONTRACTOR shall obtain a 2 (two) year equipment warranty
commencing at the time of acceptance of the equipment by the COUNTY.
ARTICLE 20
SHOP DRAWINGS, PRODUCT DATA.AND SAMPLE
20.1 Documents and Samples at the Site. From and after commencement of the Construction of the
Work, the CONTRACTOR shall maintain at the site one record copy of the Construction Documents and
any and all amendments thereto, in goad order and marked, to record changes to the Contract Documents
as approved during the construction of the PrOJect, In addition, the CONTRACTOR shall maintain at the
site approved shop drawings, product data, samples, and similar required submittals. These shall be
:provided to the COUNTY iupon completion of the Work.
20.2 Shop Drawings, product Data and. Samples.
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Infrastructure Construction d` e cOf 590
Agenda Item #19.
A. Shop Drawings, Product Data, Samples, and similar submittals are not Contract Documents.
The purpose of their submittal is to demonstrate, for those portions of the Work for which
submittals are required, the way the CONTRACTOR proposes to conform the construction to
the Contract Documents.
B_ The CONTRACTOR shall review and take appropriate action upon Shop Drawings, Product
Data, Samples, and similar submittals. TheCOUNTY shall review Shop Drawings, Product
Data. Samples, and similar submittals for compliance with the Design Documents and shall
provide comments, if any, within 15 (fifteen) days of receiving such documents.
C. The CONTRACTOR shall not be relieved of responsibility for the deviations from requirements
of the Contract Documents by the COUNTY's approval of Shop Drawings, Product Data,
"Samples, or similar submittals unless the CONTRACTOR has specifically informed the
COUNTY cal'such deviation at the time of the submittal and the COUNTY has given written
approval to the specific deviation. The CONTRACTOR shall not be relieved of responsibility
for errors or omissions in Shop Drawings, Product .Data, Samples, or similar submittals to the
COUNTY for approval thereof.
ARTICLE 21
SAFETY
21.1 The CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Work. The CONTRACTOR. shall take all
precautions and follow all procedures for the safety of, and shall provide all protection to prevent injury to,
all persons involved in any way in the Work and all other p•crsons, including, without limitation, the
employees, agents, guests, visitors, invitees and licensees of the COUNTY and users who may be affected
thereby.
21.2 All the Work, whether performed by the CONTRACTOR, its subcontractors, or anyone directly or
indirectly employed by any of there, and all equipment, appliance, machinery, materials, tools and like
items incorporated or used in the Work, shall be in compliance with, and conform to:
1, all applicable laws, ordinances, rules, regulations and orders of any public, quasi-public or
other authority relating to the safety of persons and their protection against injury, specifically including,
but in no event limited to, the Federal Occupational Safety and Health Act of 1970 and the Trench Safety
Act,as amended and all state, Martin County and, where the project is located in a municipality, municipal,
rules and regulations now or hereinafter in effect; and
2. all codes, rules, regulations and requirements of the COUNTY and its insurance carriers
relating thereto. In the event of conflicting requirements, the more stringent shall govern.
21.3 Should. the CONTRACTOR fail to provide a safe area for the performance of the Work or any
portion thereof, the COUNTY shall have the right, but not the obligation, to suspend Work in the unsafe
.area. All costs of any nature resulting from the suspension, by whomsoever incurred, shall be borne by the
CONTRACTOR_
21.4 The CONTRACTOR shall provide, or cause to be provided, to each worker on the Work site the
proper safety equipment for the duties being performed by that worker and will not permit any worker on
the Work site who fails or refuses to use the same. The COUNTY shall have the right,but not the obligation,
Page 32 of44, RFB2021-331 ;
Infrastructure Construction d` e p-of 590
Agenda Item #19.
to order the CONTRACTOR to send a worker home for the day or to discharge a worker for his or her
failure to comply with safe practices, with which order the CONTRACTOR shall promptly comply.
21.5 Emergencies. In emergencies affecting the safety of persons or the Work or property at the site or
adjacent thereto, the CONTRACTOR, without special instruction or authorization from the COUNTY, is
obligated to act, at its discretion, to prevent threatened damage, injury or loss. If the CONTRACTOR
believes that additional Work done by it in an emergency which arose from causes beyond its control entitles
it to an increase in the Contract Price or an extension of the Contract Time, it may make a claim therefore
as provided in the Contract Documents.
ARTICLE 22
PROTECTION OF WORK AND PROPERTY
22.1 The CONTRACTOR: (A) shall, throughout the performance of the Agreement, maintain adequate
and continuous protection of all completed Work and temporary facilities against loss or damage from
whatever cause; (B) shall protect the property of the COUNTY and third parties from lass or damage from
whatever cause arising out or the performance of the .Agreement; and (C) shall comply with the
requirements of the COUNTY and its insurance carriers and with all applicable laws, codes, rules and
regulations with respect to the prevention of loss or damage to the property. The COUNTY, its insurance
carriers or representatives, may, but shall not be required to, make periodic patrols of the Work site as a
part of its normal safety, loss control, and security programs. In such event, however, the CONTRACTOR
shall not be relieved of its aforesaid responsibilities and the COUNTY shall not assume, nor shall it be
deemed to have assumed, any responsibility otherwise imposed upon theCONTRACTOR by this.
Agreement.
22.2 Before the CONTRACTOR disposes of any existing improvements or equipment which are to be
removed as a portion of the Work, and for which disposition is not specifically provided for elsewhere in
the Contract Documents, CONTRACTOR shall contact the COUNTY and determine if the removal items
are to be salvaged. Items to be salvaged by the COUNTY shall be neatly stockpiled or stored in a neat and
acceptable manner at the construction site easily accessible to the COUNTY. Equipment and materials
which will not be salvaged by the COUNTY shall become the property of the CONTRACTOR to be
removed from the site and disposed of in an acceptable manner. To the extent CONTRACTOR intends to
temporarily store materials at a site near or adjacent to the Project site prior to ultimate removal or disposal,
CONTRACTOR roust first obtain written authorization from the COUNTY, as well as,the property owner.
22.3 Preservation of Trees. Those trees which are designated on the Drawings for preservation shall be
carefully protected from damage. The CONTRACTOR shall erect and maintain such protections such as
barricades, guards, and enclosures as is necessary for the protection of the trees during all construction
operations. CONTRACTOR shall replace any and all trees damaged during construction activities (other
than trees specified to be removed) at no expense to the COUNTY.
22.4 Preservation of Private Property. The CONTRACTOR shall exercise extreme care to avoid
unnecessary disturbance of private property as applicable. Trees, shrubbery, gardens, lawn and other
landscaping that must be removed shall be replaced and replanted to restore the construction easement to
the condition existing prior to construction. All soil preparation procedures and replanting operations shall
be under the supervision of a nurseryman experienced in such operations. Any vegetation requiring
relocation, temporary or otherwise, which is damaged or destroyed, shall be replaced at no cost to the
Page.33 of 44 RFB2021-331 ;
Infrastructure Construction d` eMcOf 590
Agenda Item #19.
COUNTY. CONTRACTOR shall replace any and all such vegetation darnaged during construction
activities (other than vegetation specified to be removed) at no expense to the COUNTY.
22.5 Until final acceptance of the Work by the COUNTY pursuant to this Contract, the CONTRACTOR
shall have full and complete charge and care of and, except as otherwise provided in this subparagraph,
shall bear all risk of lass of, and injury or damage to, the Work or any portion thereof(specifically including
COUNTY -furnished supplies, equipment or other items to be utilized in connection with, or incorporated
in, the Work) from any cause whatsoever.
.fs Existing manholes, fire alarms, etc., shall not be obstructed by CONTRACTOR, unless called for
in the Contract Documents_ CONTRACTOR is to make no connections to or operate valves on water
mains or otherwise interfere with the operation of the water system, without first giving written appi-oval
from the appropriate governmental entity.
ARTICLE 23
TESTS AND INSPECTIONS
211 If any Work (including the work of others) that is to be inspected, tested, or approved is covered
without written concurrence or the COUNTY, it must be uncovered for observation i I' req uested by the
COUNTY. Such uncovering shall be at the COI'NTRACTOWs expense.
23.2 The CONTRACTOR :shall be liable for any additional testing or inspections necessitated by
defective work performed or materials supplied by the CONTRACTOR or by any of its subcontractors or
vendors of any tier.
ARTICLE 24
UTILITY COORDINATION
24.1 The CONTRACTOR shall be responsible for snaking all necessary arrangements with governmental
departments, public utilities, public carriers, service companies and corporations owning or controlling
roadways, railways, water, sewer, gas, electrical, cable television, telephone, and telegraph facilities such
.as pavements, tracks, piping, wires, cables, conduits, poles, guys, etc., including incidental structures
connected therewith, that are encountered in the Work in order that such items may be properly shored,
supported and protected, or the CONTRACTOR. shall be solely responsible for coordinating their
relocation. The CONTRACTOR shall give all proper notices, shall comply with requirements of such
parties in the performance of its Work, shall permit entrance of such parties on the Work site in order that
they may perform their necessary Work, and shall pay all charges and fees made by such parties for this
Work. The CONTRACTOR'S attention is called to the fact that there tray be delays on the Project due to
Work to be done by governmental departments, public utilities, and ethers in repairing or moving poles,
conduits, etc. The CONTRACTOR .shall cooperate with the above, parties, in every way possible, so that
the construction can be completed in the least possible time.
4.2 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 by CONTRACTOR at no expense to COUNTY (unless specifically indicated otherwise).
Services and utilities included within (but not limited to) this responsibility are roads, ditches, electrical,
sewer, mechanical utilities, water, fencing, etc. Connections shall be nude at a time that will result in the
least possible interference with existing services.
Pale 34 of44 RFB2021-331 ;
Infrastructure Construction d` eMcOf 590
Agenda Item #19.
24.E FPL wills attention to the fact that there may be energized, high voltage electric lines, both overhead
and underground, located in the area of this Project. The CONTRACTOR must visually survey the area
and take the necessary steps to identify all overhead and underground facilities prior to commencing
construction to determine whether the construction of any proposed improvements will bring any person,
too], machinery, equipment, or object closer to FPL's power lines than the OSHA-prescribed limits_ If the
CONTRACTOR identifies such, it shall re-design the Project to allow for safe construction given the pre-
existing power line location, or make arrangements with FPL to, either deenergize and ,ground its facilities,
or relocate them. The CONTRACTOR must do this before allowing any construction near power lines. If
it is necessary for the CONTRACTOR and/or subcontractor to operate or handle cranes, digging apparatus,
draglines, mobile equipment, or any other equipment, tools or materials in such a manner that they might
come closer to underground or overhead power lines than is permitted by local, state or federal regulations,
the CONTRACTOR or subcontractor must notify FPL in writing of such planned operation prior to the
commencement thereof and make all necessary arrangements with FPL in order to carry out the work in a
safe manner. Any work in the vicinity of the electric lines should be suspended until these arrangements
are finalized and implemented. The CONTRACTOR shall be required to complete a "Notification of FPL
Facilities'' form prior to the commencement of the Work.
ARTICLE 25
HAZARDOUS MATERIALS
CONTRACTOR shall obtain all required Federal, State and local permits .and licenses and shall be
responsible for the safe and proper handling, transporting, storage and use of any explosive or hazardous
materials brought onto or encountered within the site, and at its expense, make goad any damage caused by
its handling, transporting, storage and use_ The CONTRACTOR will notify the COUNTY immediately if
explosive or hazardous materials are encountered on the Project site. Transporting explosive or hazardous
materials canto the site will require prior written approval from the COUNTY. CONTRACTOR shall
maintain and post as necessary Material Hazard Data Sheets for all applicable Hazardous Materials used in
the course of its work. In the event that hazardous material is improperly handled or stored by the
CONTRACTOR, its sub-contractors, any sub-subcontractors, or any employee or agent of any of the
aforementioned which results in contamination of the site, CONTRACTOR shall immediately notiry the
COUNTY and the appropriate governmental authority and shall take whatever action is necessary or
desirable to remediate the contamination at the CONTRACTOR'S sole cost and expense.
ARTICLE 2
AUDIT
The CONTRACTOR agrees that the COUNTY, or any of its duly authorized representatives, shall
have access to and the right to examine any and all books, documents, papers, and records of the
CONTRACTOR, and may at its option conduct an audit of the CONTRACTOR's financial books and
records concerning this the Project. The CONTRACTOR agrees that payment(s) made under this
Agreement shall be subject to reduction for amounts charged thereto, which are found on the basis of audit
examination, to constitute neon-allowable costs under this Agreement, The CONTRACTOR shall promptly
re,fund by check payable to the COUNTY the amount of such reduction of payments. All required records
shall be maintained until the latter of the completion of the audit and all questions arising therefore are
resolved, or six ( ) years after completion of the Nark and issuance of the Final Payment.
Page.35 of 44 RFB2021-331 ;
Infrastructure Construction d` e p-of 590
Agenda Item #19.
PUBLIC RECOR S
7.1 The CONTRACTOR shall comply with the provisions of Chapter ] [9, Fla. Stat. (Public Records
Law), in connection with this Agreement and shall provide access to public records in accordance with
11 ,0701, Fla. Stat. and more specifically Contractor shall:
27.1.1 Keep and maintain public records required by the Count)% to perform the Agreement.
27.1,2. Upon request from the County's custodian ofpublic records,provide the County with a copy
of the requested records or alIow the records to be inspected or copied within a reasonable time at a
cost that does not exceed the cost provided in Chapter 119, Fla, Stat or as otherwise provided by
law.
27.1.3. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
Agreement term and following completion or the Agreement il' the CONTRACTOR does not
transfer the records to the County.
7.1.4. Upon completion of the Agreement, transfer, at no cost, to tiler County all public records in
possession of the CONTRACTOR or keep and maintain public records required by the County to
perform the Agreement. If the CONTRACTOR transfers all public records to the County upon
completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure requirements. If the
CONTRACTOR keeps and maintains public records upon completion of the Agreement, the
CONTRACTOR shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided to the County, upon request from the County's custodian of
public records, in a format that is compatible with the information technology systems of the County.
2T2 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATIO1N OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTORS DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT
(772) 41 -695 , public_re ordsgu martin.fl.us, 2401 SE MONTEREY ROAD,
STUART, FL 34996.
27.E Failure to comply with the requirements of this Article shall be deemed a default as defined under
the terms of this Agreement and constitute grounds for termination.
ARTICLE 28
ASSIGNMENT
2 .1 The COUNTY and the CONTRACTOR each binds itself, its officers, directors, qualifying agents,
partners, successors, assigns, and legal representatives to the other party hereto and to the partners,
successors, assigns, and legal representatives of such other party in respect to all covenants, agreements,
and obligations contained in the Agreement.
2&2 CONTRACTOR shall not assign, transfer, convey or otherwise dispose of the contract or its right,
Page.36 of 44 RFB2021-331 ;
Infrastructure Construction d` eMcOf 590
Agenda Item #19.
title or interest in or to the same or any part thereof, or allow legal action to be brought in its narne for the
benefit of others, without previous written consent of the COUNTY and sureties.
283 If for any reason the COUNTY terminates its agreement with the CONTRACTOR, the
CONTRACTOR hereby assigns this Agreement to the COUNTY. CONTRACTOR shall include in each
of its subcontracts language that requires its Subcontractors to agree to such assignment and to perform
their responsibilities and to fully complete the work required by this Contract directly for the COUNTY.
ARTICLE 29
ATTORNEY'S FEES AND COSTS
29.1 In the event the CONTRACTOR defaults in the performance of any of the terms, covenants, and
conditions of this Agreement, the CONTRACTOR agrees to pay all damages and costs incurred by the
COUNTY in the enforcement of this Agreement, including reasonable attorney"s fees, expert fees, court
costs, and all expenses, including but not limited to any costs from any state court or federal court
proceedings, whether in a trial court or in an appellate court.
29.2 Except as otherwise provided in this Agreement,the parties expressly agree that each party will bear
its own attorne 's rees and court coasts incurred in connection with this Agreement_
ARTICLE 30
NOTICE
Whenever either party desires to give notice to the other, such notice must be in writing in at least
one of the following methods:
(a) Certified United States Mail, postage prepaid, return receipt requested; or
(b) Overnight courier, such as by FedEx or UPS, with a request for receipt acknowledgment, or
(c) Hand-delivery to a person authorized to accept delivery of notice with a request for a receipt
acknowledgment; or
(d) Email 1f and only if agreed to to advance by COUNTY and CONTRACTOR in writing
specilying the email addresses, and iC ;sea agreed, the email Shull a request receipt
acknowledgement.
The place for giving notice shall remain the same as set forth herein until changed in writing in the manner
provided in this section. For the present, the parties designate the following:
FOR COL NTY:
Martin County Purchasing Division
2401 SE Monterey Rd_
Stuart, FL 34996
WITH A COPY TO:
County Attorney
Page 37 of 44, RFB2021-331 ;
Infrastructure Construction d` eMcOf 590
Agenda Item #19.
Martin County
2401 SE Monterey Rd.
Stuart, FL 34996
FOR CONTRACTOR:
Johnson-Davis Incorporated
863 S. Kings Hwy.
Fort Pierce, Florida 34945
CONTRACTOR shall be required to notify the County, in writing., whenever there is a change in the
address of CONTRACTOR (to the place) for which notice is to be sent (giving notice), as required in this
section. In the event CONTRACTOR fails to maintain a current address on record with the County as
required herein, County shall be deemed to have noti Pied CONTRACTOR by using the last known address
on record. and County shall not have any responsibility or obligation to investigate the validity of the
address that CONTRACTOR has provided. As a result, CONTRACTOR agrees to hold County harmless
and defend same for any action or occurrence or non-occurrence as a result of CONTRACTOR not
receiving notice due to C.ONTRAC:TOR's failure to update its address for notification.
All notices sent in accordance with this section shall he deemed to be effective upon receipt or refusal of
same unless otherwise expressly provided in this Agreement.
ARTICLE 31
RESOLUTION OF CLAIMS AND DISPUTES
1,1 As a condition precedent to the filing of any legal proceedings, the parties shall endeavor to resolve
claim disputes or other matters in question by mediation. Mediation shall be initiated by any party by serving
a written request for same on the other party. The party shall, by mutual agreement, select a mediator within
15 (fifteen) days of the date of the request for mediation. If the parties cannot agree on the selection of a
mediator then the COUNTY shall select the mediator, who, if selected solely by the COUNTY, shall be a
mediator certified by the Supreme Court of Florida_ The mediator's ree shall be paid in equal shares by each
party to the mediator. If a party fails to comply with this section, including, but not limited to, filing a lawsuit
without mediating before filing the lawsuit,the party in violation shall be liable for the reasonable attorneys'
fees and costs of the other party in enforcing this provision, and such amounts shall be awarded by the
Court.
311 Law, Jurisdiction, Venue. Waiver of Jury Trial. This agreement shall be interpreted and construed
in accordance with and governed by the laws of the State of Florida. The exclusive venue for.any lawsuit
arising from, related to, or in connection with this Agreement shall be in the state courts of the Nineteenth
Judicial Circuit in and for Martin County, Florida, If any claim arising from, related to or inconnection
with this Agreement must be litigated in federal court, the exclusive venue for any such lawsuit shall be in
the United States District Court or United States Bankruptcy Court for the Southern District of Florida. BY
ENTERING INTO THIS AGREEMENT,THE PARTIES HERETO EXPRESSLY WAIVE ANY RIGHTS
EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED To
THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO AN ADVISORY JURY, If a party fails to
withdraw a request for jury trial or for zin advisory jury in a lawsuit arising out of this agreement after
written notice by the other party of a violation of this section, the party making the request for jury trial or
advisory jury shall be liable for the reasonable attorneys' fees and court costs of the other party in contesting
the request ferjury trial or advisory jury, and such amounts shall be awarded by the Court in adjudicating
the motion.
Page 38 of 44, RFB2021-331 ;
Infrastructure Construction&M%egaffof 590
Agenda Item #19.
31.3 Cerited claims, If CONTRACTOR submits a claim seeking an increase in the Contract Price in the
amount of ten percent(I Oslo) or more of the Contract Price, an increase in the Contract Time for substantial
or final completion by more than thirty (30) days, or both, upon the request of the COUNTY in its sole
discretion, CONTRACTOR shall, within thirty (30) days, submit to COUNTY a "certified claim," that is,
a claim made in writing under oath by a pen;on duly authorized by the CONTRACTOR, and shall contain
a statement that,
(i) The claim is made in good faith;
(ii) The claim's supporting data are accurate and complete to the best of the persrn's knowledge
and belief;
(iii) The amount of the claim accurately reflects the amount that the claimant believes is due from
the COUNTY; and
(iv) The certifying person is duly authorized by the claimant to certify the claim.
FAILURE TO PROVIDE THE REQUESTED CERTIFICATION WITHIN THE PRESCRIBED PERIOD
OF THIRTY (30) DAYS SHALL CONSTITUTE A FORFEITURE OF THE ENTIRE CLAIM.
31.4 False, fraudulent, or inflated claim. If a court finds a certified claim is false, fraudulent, or inflated,
whether in whole or in part, CONTRACTOR shall-
(1) Be liable to the COUNTY for an amount equal to three (3) times the amount of the claim that
is false, fraudulent, or inflated;
(ii) Immediately, fully, and irrevocably forfeit the attire amount of the claim;
(iii) Be liable to the COUNTY for all costs and 'fees (including, without limitation, reasonable
attorneys' fees, court costs, expert: fees, and consulting fees) incurred by the COUNTY to
review, defend, and evaluate the claim; and
(iv) Be subject to debarment from COUNTY contracting for a period not to exceed five (5) years.
31,5 Innocent claimant, notice. Notwithstanding the foregoing, CONTRACTOR is an innocent claimant
and not liable for a false, fraudulent, Or inflated claim if CONTRACTOR submitted a certified claim to the
COUNTY reasonably believing that such claim was free of any material misstatements, or any exaggerated,
inflated, or unsubstantiated assertions or damages and had no reasonable basis to doubt the truth, veracity,
or accuracy of such claim at the time it was submitted,and within fifteen(15)days of discovering the falsity
of the claim, took immediate steps to modify, correct, or withdraw such claim and provided the COUNTY
with immediate written notice thereol`.
ARTICLE 32
MISCELLANEOUS
311 Taxes. The. COUNTY is exempt from payment of Florida Mate Sales and Use Taxes. The
CONTRACTOR shall not be exempt from paying sales tax to its suppliers ror materials used to fulfill
contractual obligations with the COUNTY, nor is the CONTRACTOR, authorized to use the COiJNTY'S
Tax Exemption Plumber in securing such materials. The CONTRACTOR shall be responsible for payment
Page.39 of 44 RFB2021-33 133
Infrastructure Construction d` e cOf 590
Agenda Item #19.
of all federal, state, and local taxes and fees applicable to the Work and same shall be included in the
Contract Price,
32.2 Pled;e of Credit. The CONTRACTOR shall not pledge the COLJNTY'S credit or make it a
guarantor of payment or surety for any Agreement, debt, obligation, judgment, lien or any farm of
indebtedness. The CONTRACTOR further warrants and represents that it has no obligation or indebtedness
that would impair its ability to fulfill the terms of the Agreement.
32.3 Entirety_ of Agreement_ All prior and contemporaneous negotiations, correspondence,
conversations, agreernents, and understandings applicable to the matters contained herein are merged into
this Agreement. No modification., amendment or alteration of this Agreement may be made unless made its
writing pursuant to the terms of this Agreement,
32.4 Severability. If any terra or provision of this Agreement or the application thereof to any person or
circumstance shall, to any extent, be held invalid or unenforceable, then the remaining provisions survive
and are fully binding and enforceable.
32.5 , epics, Multiple copies of this,agreement may be fully executed by all parties, each of which shall
be deemed to be an original. Faxed, photostatic, or electronically scanned copies of the fully executed
Agreement shall be as effective and authentic as the original for any purpose including but not limited to
the enforcement of any provision of this Agreement.
I-N WITNESS WHEREOF,the COUNTY and the CONTRACTOR have executed this Agreement as ofthe
date fiat above written-
REVIEWED BY BOARD OF COUNTY COMMISSIONERS
MARTIN COUNTY, FLORIDA
Jame orton I)on G.DoYoTd5on, P,F--
Puhlic Works, Director Duty CounTy Administrator
Z:0NC- AVI INCORPORATED TED APPROVED AS TO FORM LEGAL
SUFFICIENCY
CI1 r . rY Sarah W. Woods
Estimaf' g Manager County Attonicy
/.
q
Page: 40 of 44 l-FB2021-3313
Infrastniature Construction& Maintenance
Page 579 of 590
Agenda Item #19.
EXHIBIT A
SCOPE OF SERVICES
A continuing services contract to provide all labor, materials, equipment and services necessary Cor
countywide miscellaneous roadway construction./maintenance projects, miscellaneous drainage
construction/maintenance projects, stor7nwater management facility construction& maintenance activities,
trailhead area construction projects, parks facility{ site construction, and other miscellaneous construction
projects as needed.
Liquidated damages shall be determined on a.project-by-project basis and identilyed in the Work Order.
It is the County's intent to award five (5)or more contracts. Proposals shall be requested on a project-by-project
basis, basi+!d can lowest unit prices and Contractor availability and a Purchase Order sent to the Contractor before
any work begins. Iterns incidental to the project but not included in the attached bid schedule shall be allowed
under this contract.
Work Orders $200,(101) qr~ greater (err otherwise indicated}
Payment & Performance Bands shall be required for all Work Orders $200,000 or greater (or otherwise
indicated) and shall be recorded in the public records of Martin County. A certified copy of completed and
recorded bonds must he delivered to and accepted by the County (Attu: Purchasing Division I
puir_div a martin.fl.us) prior to commencement of the Work. Bond premiums shall be paid by Contractor.
Bonds shall be on the Corm provided by the County and written through a licensed agency that tullills
the requirements of 287,0935, Fla, Stat.
CONTRACT
The Term of the Contract shall be for a period of three(3)years provided both parties are in agreement and
there are no changes to the terms and conditions. Price escalations will be considered at the end or each
year and must be documented with written verifications of industry price increases, The County shall
reserve the right to terminate the Contract in accordance with the provisions under the Terms& Conditions
herein. The contract may be renewed for two (2) additional ]-year terms, at the County's sole discretion,
for a total maximum term of five (5) years. The awardee agrees to this condition by signing their bid.
The maximum total value of this contract shall not exceed$30,000,000 to all vendors over a maximum five
(5) year period.
Martin County will not be held to any minirnurni'maximum quantities or dollars during the term of Contract.
BID FORM NOTES
t. Pay ;terns_ pay items to include any casts Cor administrative, supervision mobilization,maintenance
of traffic, debris removal, poI Iution, control/abatement and other incidentals Necessary for complete
installation of each item. ,Asphalt prices to be FDOT approved design mix,plant mix,in place.These
prices are for various projects located within Martin County having normal accessibility.
2. Extiltration Trench f French Drain pay items are per Standard .flans for Road Construction Index
No. 443-001 and shall include all excavation, filter Cabric, #4 stone, and pipe.
Page 41 of 44, RFB2021-33 133
Infrastructure Construction d` e of 590
Agenda Item #19.
3, Standard Specifications: unless otherwise specifically noted for a pay itein, the governing
specifications for this agreement are the latest edition of the FDOT's Standard ;Plans for road and
Bridge Construction (latest edition).
4, Survey monuments: Permanent county reference points or any other survey monuments public or
private damaged during prosecution of the work shall be re-established by a licensed Florida
professional land surveyor at Contractor's expense prior to final payment to the Contractor.
5. Pipe joints..all pipe joints shall be wrapped in fiIter fabric for a minimum o f twenty-four(24")inches
from the band or)taint or bell/spigot as applicable_ All pipe joints are to be inspected by County
authorized inspectors prior to backfill.
b. Structures: Catch Basins/Manholes—all collars and added sections shall have peel& stick covering
joints (overlapping V on each side).
7. Maintenance of"Trall"ic; Contractor shall comply with all municipal, county, state and federal laws
and regulations in the use of streets and highways for protection of work and public safety.
Maintenance of Traffic shall be in accordance with the most restrictive guidelines of the FDDT
Standard Plans Index(102-600 thru 10 - 70), formerly known as the FDOT Design Standards Index
(600 series), and the Manual on Uniform Traffic Control Devices (MUTC.D) (latest edition).
Contractor shall supply a Maintenance of Traffic plan via submittal prior to commencement of work
activity as required in section 7.2. or as requested by the Engineer-
S. Material certifications: submittaWShop Drawings for all proposed materials shall be submitted and
approved by the County prior to installation.
9. Payment: verifying contract compliance and release of liens from sub-contractors and material
suppliers must be submitted prior to or with the pay request_
Page 42 of 44 RFB2021-331 ;
Infrastructure Construction d` e of 590
Agenda Item #19.
PROPOSED PROJECTS-
The following, is a list of propose roadway, drainage, and park capital improvement projects in the next five
(5) fiscal years. They are not necessarily in order of work assignment. The actual neighborhood restoration
projects contained in this list will be determined by the availability of funds.
Other assignments with a value of less than 5300,000 not lister] below may also be conducted under this
contract.
Neighborhood Restoration project scope includes, but is not limited to, the replacement of drainage structures,
regrading of drainage swales, installation ofsewer I`orce main.,pavement milling and resurfacing, signage, and
replacement of sidewalk and other ancillary items within the neighborhood,
PROJECT NAME ESTIMATED
COST
Beau Rivage Neighborhood Improvements $1,600,000
Coral Gardens Neighborhood Restoration $1,449,000
Dixie Park Neighborhood Restoration $1,184,000
Hobe Hills Neighborhood Restoration $1,630,000
Jensen teach Neighborhood Restoration {Phase II) $1,896,000
Leilani Heights Neighborhood Restoration $1,492,00f1
New Monrovia/Cove Ridge Neighborhood Restoration $1,523,000
Old Palm City North Neighborhood Restoration $1,489,000
Golden Cate Neighborhood Restoration— Phase III Improvements $500,000
Savannah Road Sidewalks & Intersection Modifications $950,000
Shell Avenue Realignment $700,000
South Fork Neighborhood Restoration $1,710,000
P / anatee Business Park restoration $1,454,000
Tropic 'vista Neighborhood Restoration $1,502,000
Zeus Park Neighborhood Restoration $1,794,000
Port Salerno Peninsula Neighborhood Improvements $1,1 ,000
W Cargo Way Extension $700,000
Citrus Grove Parr Field Expansion $1,200,000
Charlie Leighton Park Renovation $1,500,000
Citrus Grove Park Field Expansion $1,2.00,000
Pineapple Park Master Plan Improvements $600,000
Timer Powers Park Master Plan Improvements $600,000
Justin Wilson Master Plan Improvements $600,000
IRSP MansioniSailing Center Parking Lot $650,000
Langford Park Improvements & Sewer Connection $ 00,000
Indian Riverside bark North Parking Lot Expansion $1,100,000
Page.43 of 44 RFB2021-331 ;
Infrastructure Construction d` e cof 590
Agenda Item #19.
EXHIBIT B
SAMPLE WORK ORDER
RFB#
INFRASTRUCTURE CONSTRUCTION & MAINTENANCE
WORK ORDER NO.
Pursuant to that certain Contract ("Contract") between Martin County ("County") and
("Contractor') dated , Contractor hereby agrees to provide the services specified on Exhibit "A",
under the terms and conditions and at a cost of all as more specifically described in Exhibit "A",
attached hereto and incorporated by this rererence. The terms of the Contract shall be deemed to be
incorporated in each individual Work Order as if fully set forth herein.
Substantial Completion Time: calendar days
Final Completion Time: calendar days
Liquidated Damages. S per day
IN WITNESS WHEREOF, the County and the Contractor have executed this Work Order effective this
day of 20
(CONTRACTOR NAME) BOARD
OFCOUNTY COMMISSIONERS
MARTIN COUNTY, FLORIDA(Name) DepartrnenI Director dame
(Title) Title
Work orders S200,0011 nr greater{or otherwise indicatedt
Payment & Performance Bonds shall he recorded in the public records of Martin County_ A certified copy of
completed and recorded bands must be delivered to and accepted by the County (Attn: Purchasing Division I
pur_div a,martin,fl.us) prior to commencement of the WorlL Bond premiums shall be paid by Contractor. Bonds
shall be on the fonn provided by the County and written through a licensed agency that fulfills the requirements of
28T0935, Fla, Stat,
Page 44 of44 RFB2021-33 133
Infrastructure Construction eeof 590
Agenda Item #19. EXHIBIT C
RFB2421.3313
INFRASTRUCTURE CONSTRUCTION & MAINTENANCE
(ADDENDUM il4�
ITEM DESCRIPTION EST UNIT UNIT PRICE TOTAL
. CITY
MATERIALS FURNISH&INSTALL
1 12"x 16'Elliptical RCP 1.000 LF $ 80.001 $ 60.000.00
2 14"x 23'EIli ptical RCP 500 LF $ 68"00 $ 34,000.00
3 19"x W Ellipsis:,0l RCP 200 LF $ 80.00 $ 16.000.00
4 24"x;313' Elliptical RCP ' - 200 LF $ 120-00 $ 24,000.00
5 29"x 45" EIli ptical RCP 100 LF $ 150.00 $ 15,000,00
6 34"x 5;4'Emplic:al RCP 100 LF $ 190-00 $ 19.000.00
7 38"x 69'EIli ptical RCP 100 LF $ 250.00 $ 25,000.00
8 Mitered End Section IT x 19 Elli tical RCFk 20 EA $ 1,000.00 $ 20,000,00
Mitered End Sectiarw 14"x 23'EII Beal RCP 16 EA $ 1,200,00 $ 19.200-00
10 Mitered End Section, 19"x 39"Elli iral RCF 6 EA $ 11600.00 $ 9,600-00
11 Mitered End Section 24"x 38'Elliptical RCP 8 EA $ 2.500.00 $ 15,000.00
12 Mitered End Sects 2T x 457 Elli ptical RCP 6 EA $ 3,80000 $ 22,800.00
13 Mitered End Section 34"x 5Y EIli pticat RCP 2 EA $ 4.500.00 $ 9,000,00
14 Mitered End Sectl4rl(W'):60-Elliptical RCP 2 EA $ 5.000-00 $ 10,000.00
15 155"RCP 1,006 LF $ 50.00 $ 50,000-00
16 18"FtCP 1,000 LF $ 60.00 $ 80,000.00
17 24"RCP 1,000 LF $ 70.00 $ 70,000.00
18 30"RCP 100 LF $ 140.00 $ 14,000-00
19 36"RCP 200 LF $ 150.00 $ 30.000.00
20 48"RCP 200 LF $ 210.00 $ 42.000.00
21 54"RCP 100 LF $ 250.00 $ 25.000.10
22 60"RCP 100 LF $ 280-00 $ 28.000.00
23 66"RCP 100 LF $ 280,00 $ 28,DD0.00
24 72"RCP 100 LF S 350.00 $ 35,000.00
25 78"RCP 100 LF $ 350-00 $ 35.000.00
26 84"RCP too LF $ 500.00 $ 50.DDD-00
27 Mitered End Sectlon 15"RCP 30 EA $ 800-00 $ 24,000.00
28 Mitered End Section 18"RCP 30 EA $ 1.000.00 $ 30.000.00
29 Mitered End Section 24"RCP 30 EA $ 1,400.00 $ 42,000-00
30 Mitered End Section 30"RCP 8 EA $ 2,400.00 $ 19,200-00
31 Mitered End Section 36"RCP 10 EA $ 3.500,00 $ 35.000_DO
32 Warm End Sactlon 48"RCP 10 EA $ 4.500.00 $ 45,000.00
33 Mitered End Section 54"RCP 2 EA $ 5,000-OO $ 10.000.00
34 Mitered End Section 60"RCPj 2 EA $ 6.000.00 $ 12.000-00
36 Milerec!End Section(W'RCP) - 2 EA $ 6,000-00 $ 12,000.00
36 Mitered End Section 72"RCP) 2 EA $ 7,000,00 $ 14,000.00
37 Mitered End Section 78"RCP 2 EA $ 7,000.00 $ 14,000.00
38 Mitered End Section 84"RCP 2 EA $ 10.000,00 $ 20,000-00
39 Corru aged Aluminum Pie(CAP). 15` 200 LF $ 66.00 $ 11.DDD_00
40 Corru pled Aluminum PI a(CAP), 187 200 LF $ 65.00 $ 13,000.00
41 Corrugated Aluminum Pipe(CAP).24' 200 LF $ 80.00 $ 16,000.00
42 Corru algid A]urninurn Pie(CAP).3U" 200 LF $ 110.00 $ 22.000-00
43 Corrugated Aluminum Pipe(CAP).36" 200 LF $ 140,00 $ 28.000-00
44 Were End Section 15"CAP 6 EA $ 900.00 $ 5.400.00
45 Mitered End Section(IS"CAP) 6 EA $ 1,100.00 $ 61600.00
46 Mitered End Section 24"CAP 6 EA $ 1.400.00 $ 8.400.00
47 Mitered End S9o#lon 30"CAP) 6 EA $ 2.200.00 $ 13,200,00
48 Mitered End'Section 36"CAP 6 EA $ 3,000,00 $ 18.000.00
49 15"HDPE, Perforated Pie S0 LF $ 80,00 $ 4.000-00
50 15"NUPE 200 LF $ 60,00 $ 12.000.00
51 18"HDPE 200 LF $ 80.00 $ 16.000-00
52 24"HDPE 100 LF $ 100.00 $ 10100100
53 CAP Ultra Fks liner for 15"pipe 500 LF_ $ 40.00 $ 20.DDD-DD
54 CAP Ultra%liner for 18"pIpe 500 LF $ 45.00 $ 22,500.00
55 CAP Ultra Flo liner for 24"Ripe 500 LF $ 55.00 $ 27,600.00
86 CAP Ultra r10 Iiner for 30"pie 1 DD LF $ 65.00 $ 6,500.00
57 CAP Ultra Flog liner for 36"pipe 200 LF 5 70.00 $ 14,000.00
58 CAP Ultra Flo liner for 42"pipe 200 LF $ 100.00 $ 20,000,00
59 GAP Ultra Flo liner for 48"pipe 100 LF $ 120.00 $ 12,000.00
60 CAP Ultra Flu Ilnar for 54"pipe _ 100 LF $ 140,00 $ 14,000.00
C31 CAP Ultre Fla liner for 60"Ripe 50 LF $ 250,00 1 $ 12,500.00
62 CAP Ultra Flo liner for 66"pie 50 LF $ 250.00 $ 12,50D.00
Efid Form
Page 1 of 4 Page 584 of 590
Agenda Item #19.
RF82Q21.3313
INFRASTRUCTURE CONSTRUCTION a:MAINTENANCE
(ADDENDUM#4)
ITEM DESCWTION EST STY UNIT UNIT PRICE TOTAL
NO,63 IGAP Ultra Flo liner fclr 7�J"rium 100 LF S 276.00 $ 27.500.00
64 CAP Ultra Flo liner for 78"pipe 50 LF 3W.C10 $ 15,000.00
65 CAP Wee Flo Ilner for 84"pipe -% _ LF $ 350.00 $ 17,500,00
66 Grout(pumped to fill void betwoon liner and I 250 CY M50,00 $ 87,5U0,00
67 Cure in place Ilner for 15"pipe 5N LF 160.(]0 $ 80 NO.00
68 Cure iri plaoe liner for 18"p1ps r rTNC. 5d117 LF 180.00 $ 90,000,00
69 Gure in place liner for 24"pipe - 500 LF $ 210.00 S 105,t1U0.00
70 Cure in place Ilner for 30"pipe '" 100 LF $ 250k(I 25,%0.00
71 Cure in lace liner for 36" I e 203 LF $ 300,M $ $4 NO.00
72 Cure in place liner for 42"pipe ne r 499-92kir 200 LF $ 360.00 S T2,000.00
73 Cure in plaoo liner for 48"pips Fax 1W LF $ 450.&0 5 45,p00,04
74 Gure in place liner for 54"Ripe 100 LF $ 650.00 4 65,000.00
75 Cure in plooe llner for 60"pipe -% LF $ 7013,00 $ 35,000.00
76 Cure in place liner for 66"pipe 50 LF $ 875.00 S 43.750.00
77 Cure in place liner for 72"pipe 100 LF $ 825.W $ 92,500.00
79 Cure in plaoe Ilner for 76"pIps 541 LF $_ 1.100.00_S 95,000,00
79 Cure in place liner for 84"pipe 50 LF $ 1,2w.00 S 60,000,00
80 Manhrlas, P-7.<1D' 2 EA $ 5,000.04 $ 10,000.00
81 Yard draln Inlet, 12"Inllne Drain ADS 2712AG or Equal With 24"x 24"x 4" 10 EA $ 1,206
Concrete Collar - W. S 12,000,00
82 Manhole Adjustment+1-1.5, FDOT Standard Plans Index No.425-001,Brick or 10 EA $ 750.(
Concrete S 7,500,00
83 Manhole Adoastment vwi Rin s 10 EA $ 354),{}4 S+ 3.500.00
04 Utft'Valve Ad vstment wl Rings 10 _ EA $ 20U.00 S 2,000.00
85 I-Ifility Valve Aouslment; Excavekte&Raise wl 12x12 Concrete Pad 10 EA $ 50D.00 S 5.000.00
86 Connect Pipe to Exj-sfinR Inlet-Inlet Connection Modification 25 EA $ 1,2DO.M S 30,000.00
87 Structure Botturn Type P(4'Dla.x 6'Av _Depth) 4 EA $ 4,0D0.00 S 10.000.00
88 Curb Inlet(Type 1 or 3 2 EA $ 4.000,00 S 8.000.00
89 Curb Inlet(Type 2 or 4 2 EA $ 4,SN.00 S 9.000.00
90 Type G Inlal,Avera a 5'�0"Depth 15 EA $ 2,5N.09 S 37 500.00
91 Type E Inlet,Avara 5'-0"Depth 15 EA $ 3.815D.00 E 557,000.00
92 Type H Inlet,� 10',2&3 Grate 15 EA $ 6.DD1).D0 S 90.000.00
93 Type G Inlet,<10' 15 EA $ 7,50D,D0 S 112.500.00
W 6'x 6'Manhole,< 10' 15 EA $ 7,500.00 5 112,500.00
95 8'x 8'Manhole,{ 1 D' 15 SA $ 11.000.DO S 165.000.00
96 Ex6ttration Trench, 15",Round,Aluminur,Perforated,Per F007 Slandarcl 200 LF $ 1 D5.DD
Plana Ir4ex No, 443-001 S 21.000.00
97 Exfiltratiion Trench, 18",Round,Aluminum,Perforated,Per FDOT Standard 200 LF $ 115.[74
Plans Index No, 443-001 5 23,000.00
98 Exflltration Trench, 24",Round,Aluminum,Perforated.Per FDOT Standard 200 LF $ 130.00
Plans Index No. 443-001 5 26,000.00
99 #t4 Stone 500 TON $ 50,00 S 25.000.00
100 #57 Stone 50.3 TON $ 50_010 5 25,000,00
101 Geotextile Fabric 1,500 SY $ 3_DD S 4,500.00
102 Staked Silt Fence,Type III 1,50D LF $ 3-DO 5 4.500.00
103 Baled Hay or Strawy 50 EA $ 30:oo $ 1,500.00
104 Floating Turbid ity Barrier 500 LF $ 15-DO $ 7,500.00
105 6-12"Riprap Rubble(Up to 100 Tans 100 TON $ 130.00 S 13,000.00
106 0-12"Rl r2ip Rubttla 101 to 200 Tons 200 TON $ 120-00 $ 24.W0,00
107 12-24"Riprap Rubble(Up to 100 Tens 100 TON $ 130-00 S 13.090.00
108 12-24"Rlpfap Bubble 101 to 200 Tans 200 TON $ 125.00 $ 25,000.00
109 12-24"Ripfap Rubble Greater Than 200 Tans 400 TON $ 105-00 $ 42.000.00
110 Roadway Open Cut Per MC Standard Details R-31A 8,R-31 B 25 EA $ 9,000.00 S 225.000.00
111 Roadway Open Cut(Per MC Standard Details R-31A&R-31 B);WiDiout 59 25 EA $ 2,500.00
Asphalt Overlay $ 02,500,00
112 Asphalt Milli No Pwy Miller) 500 SY $ 25-00 S 12,500.00
113 Asphalt Milling 10 DAY $ 10,000.00 $ 100,000.00
114 Well point Dewaterin 600 LF $ 60_00 S 30,000.00
115 O'Bypass Pump-Mobilization,Full Operation,Demobilization 30 DAY $ 400_00 $ 12,000.00
116 8'13Mgss Pump-Mobilization,Full Operation,Dernobili tlon 30 DAY $ 450-00 S 13.500.00
117 12"Bypa sr.Pump-Mlobilization.Full Operation,Demobilization 30 DAY $ 700.00 $ 21,000.00
Clearing A Grubbing(Removing Trees,VegelaWn,Organic Solt) z 5 Acres
11$ Assignments 5 AC $ 2,500_00 $ 12,600-Q0
��e,2 1� of 4 Page 585 of 590
Agenda Item #19.
R F B 2021-331 a
INFRASTRUCTURE CONSTRUCTION if MAJNTENANCE
(ADDENDUM t#4)
ITEM DESCRIPTION EST ETA, UNIT UNIT PRICE TOTAL
119 Clearing&Grubbing(Removing Trees,Vegetation,organic Soil) # 5 Acres 20 AC S 4,000.00
Assi nments $ 80.000.00
120 Remove&Dispose Of Exi5ti Cross-Drain 24"Oiarnoter T 500 LF S 20.00 $ 10.000.00
121 Remove&Dispose Of Existing Concrete(Headwalls,StruOures,Sidexralks, 260 TON S 80,00
Driveways. End Sections,elc. $ 20.000.0D
122 Roadway 9Jloulder t Swale Grading 20,17C0 SY b 2.00 $ 40.000,00
123 Concrete End Walls(T .Per FDDT Standard Piaui:,Index 430-0340) 100 CY 5 1.200.00 $ 120,000.00
124 Embankment t Clean Fill FM , Compacted In Place 1,000 CY S 20.00 $ 20.000.10D
125 Re ularExcavation Includes removal&disposal) 1,D00 CY S 15.00 $ 15,000,00
126 Bahia Sod F&I 5,000 SY 4.00 $ 20.000-DD
127 Florham Sod F&J 4.DDI) SY $ 6.00 $ 24,000.00
1213 Hydioseed wWDOT mix 1 acre minimum 25 AC S 1.800.00 $ 45,000-00
129 Furnish Operator,Water Truck and Irrigate Sod or Seed Mix 200 HR S 80.00 $ 16,0DD.D0
130 Roadway Sub rage LBIR 40 1,25D SY 5 10.00 $ 12,500.00
131 Roadway Base(FDOT O tional Base Group 6) 21000 SY 5 25.00 $ 50,000.00
132 Type SP-9-5 Asphalt Overlay,placed by Paving Machine,to include RS-1 Tack 550 TON $ 130.00
95
8 Compaction. 1-112"Average Thickness), 0 Tans and over $ 71,5DD,00
133 Type SP-9-5 Asphalt Overlay,placed by Paving Machine,to include R5.1 Tack 250 TON S 140.00
&Compaction. 161 to 500 Ton Assi nments $ 35,000A0
134 Type SP-9.6 Asphalt Overlay,placed by Paving Machine,try Include RS-1 Tack 150 TON S 160.00
&Compaction, 51 to 150 Ton Assignments $ 24,000.00
135 Typo SP-9.5 asphalt Overlay,placed by Paving Machine.to Include IRS-1 Tank 400 TON S 250,00
&Compaction,10 to 50 Ton As.si nments $ 100,000.00
136 Standard Mailbox a ndfor Standard Traffic Control Sign(Simile Post)Removal u 50 E.A $ 200.00
Replacement) $ 1 a,0D0fiJ0
137 Floweble fill excdvatable}non excavatable-< 5yds. 5 yo $ 300-00 $ 1.500.00
138 Concrete Driveway.Fiber Reinforcement,6-Thick 1,(F00 SY £ 60.00 $ 50,040.40
139 Concrete Sidewalk with Fiber,4"Thick 2,000 SY S 54.00 $ 108.00 .00
140 ,Public Sidewalk Curb Ramps per FDOT Std Plans Index 522-002 with ADA 1,00) SF 5 40.00
Com Iiant Detectable Surface NO Surface Mounted $ 40.040.00
141 Miscellaneous Concrete(Headwalls.Weirs,Rstalnin(j Walls),F DOT Class I I 1,000 CY $ 250-00
Concrete $ 250,074.00
142 Jnsta Ilation of 6"Pervious Concrete 500 SY 70.00 $ 35,000.00
143 Installation of F007 Type"A"Curb,By Hand 500 LF $ 24-00 $ 12.0-W.00
144 Installation of FDOT Type"A"Curb,By Machine 600 LF $ 20.00 $ 10,000.00
145 installalion of FDOT Type"B"Curb,By Hand -...,. . 500 LF $ 24-00 $ 12.000.00
146 In5ta.11atiora of FDOT Type"S"Curb,By Machine 500 LF $ 20.00 $ 10,0m.00
147 Installation of FDOT Type"D"Curb-By Hand l -Hwy ,, 500 LF S 24.00 $ 12,01M.00
148 Installation of FDOT Type"D"Curb,By Machine :` ="Y'a,e' Soo LF $ 20.00 $ 10.000.00
149 Installation of FD,0T Type"E"Curb,Sy Hand i;c?'a P. 77 500 LF $ 24.00 $ 12,004:00
150 Installation of FDOT Type"E"Curb,By Machine 4,68-9202 500 LF $ 20-00 $ 10,0 ,00
151 Installation of FDOT TvPe"F"Curb,By Hand 5DD LF $ 24.00 $ 12,000,00
152 Installation of FDOT Type T"Curb,By Machine 500 LF $ 20.00 $ 10,0m.00
153 Installation of FDOT Valley Gutter,By Hand 500 LF $ 24.00 $ 12,000,00
154 Installation of FDOT Valley Gutter.IDy Machine 500 LF $ 20,00 $ 10,00U.00
155 Installatlon of FDOT Shoulder Gutter,By Hand 500 LF $ 34.00 $ 17,000.00
156 Installation of FDOT Shoulder 0 utter,By Machine 600 LF $ ;JO. Q $ 15,004.00
157 Shell Rack.Parkin 4"Coquina Rock base,4"Shell 2,540 SY 16.00 $ 40.%0.00
168 Paver Bricks Per Detail 500 SY $ W-130 $ 45,004,00
159 Beach Sand-Delivery Per Specification) 500 TON $ 40.00 $ 20,0019.00
160 Post&Rail Fence Par MC Standard Detail P-60 350 LF $ 20.00 $ 7, H30,00
161 Metal RoN22 CattPe wards 12'x 1W 3 EA $ 7.500.00 $ 22.5100.00
162 16'Metal Gala(Per MC Standard Detail P-61) 4 EA $ 4.000.00 $ 16.000.00
163 6'Meta Gate,Si nq le Arm Per Martin County Standard Detail P-61 4 EA $ 1.500.00 $ 6,000.00
164 Damaged Guardrail Removal,Remove E Dispose Damaged Panels arrd Posh 25 LF 100.00 $ 2.500,00
165 Guardrail,Slandard -Beam,with Timber Post,Per FDOT Standard Plans 25 LF $ 33.00
Index No, 5M-001 $ 825.00
186 Guardrail,Standard W-Beam,with Daly.Sleal Past,Per FDDT Standard Plans 25 LF $ 32.00
Index No. 536-001 $ 9+d0.00
167 Guardrail,Standard Thrie-Beam,with Timber Post,Per FDDT Standard Plans 25 LF $ 60.00
Index Na, 536-001 $ 1.500.00
1-15$ Guardrail,Standard 7h6a-Baarn,with Galy. Stoel Post,Per FDOT Standard 25 LP $ 58.00
Plans Index No.536-001 $ 1.450.00
B.ci Form page 3 of 4 Page 586 of 590
Agenda Item #19.
RFB2021-3313
INFRASTRUCTURE CONSTRUCTION&MAINTENANCE
(ADDENDUM*4)
IN 1 DESCRaPTION EST UNIT UNIT PRICE TOTAL
QTY
16D Guardrail,Flared End Anchorage Assembly,Per FDOT Standard Plans Index 2 EA $ 3,700-00
No,53f#001 $ 7,400.1jo
172 Pipe Handrail-Gulderail.Aluminum,Per FDOT Standard Plans Index No_515- 500 LF $ 60.00
1370 - - $ 30.000.00
171 Handrail-Aturri inure Pedesirlan?Bicycle Picket Railing. Per FDOT Standard 500 LF $ 100.00
Plans Index No.515-062 $ 50.000.00
172 FDOT Type A Fence,Per FDOT Standard Plans Index No, 55(1-001 1.000 LF $ 16.00 $ 16.000.00
173 Directional Bare,12"t9< 18 - 300 LF $ 150.00 $ 45.000,00
174 Televise Pie includes camera truck and video) 1.M LF $ 6,04 $ 61000,00
176 4"Force Maln Directional Drill 300 LF $ 32.00 $ 9.600.00
176 4"Force Main open Cut I'Mo LF $ 30.00 $ 30.000.00
177 Y Force Main Directional Drill 300 LF $ 26.00 $ 7.800.00
178 3"Force Main Open Cut - _ -1.000 LF $ 24.00 $ 24,000,00
179 2"Force Main Directional Drill 600 LF $ 25.00 $ 12.500.00
184 2"Fores Main Open Cut 500 LF $ 20.00 $ 10.000.00
181 Grinder Pump Servloe Corrrrection,Long 20 EA $ 3,000.00 $ 60.000.00
182 Grinder Pump Service Connection,Short 20 EA $ 1.800.00 $ 36.000.00
EQUIPMENT&LABOR
183 2-Man Survey Crew 100 HR $ 150.00 $ 15.000.00
184 As-Builts�Record Drawings Man hours For Field&GAD Work 50 HR $ 90.00 $ 4.500.00
185 Rubber Tire Backhoo 518 CY or Lar iar With Operator 200 HR $ 100.00 $ 20.000.00
186 Dump Truck(16 CY or Larger)With operator 200 HR S 75.00 $ 15.000.00
187 Front End Loader 2-112 CY or Larger)With Operator 200 HR 130.00 $ _ 26.000.00
188 Vrbraiory bolter,Single Drum.5 Ton or Larger,54"Minimurn Width,With 200 HR � 60,00
Operator $ 12.000,00
189 Vactor Truck with operator 200 HR 5 2.50.00 $ 50.000,00
10 CarneFa truck wfo erator 200 HR S 250.00 $ 50.000.00
TOTAL CID S 5,857,025,00
CHECK TOTALS!The County is not responsible for mathematical errors.
INSTRUCTIONS
Bids must be received no later than She data and time stated in the Advertisement, Bids received after that time&date will flat he considered-
This form must be returned with bid. Bids on any other form will not to accepted,
Johnsork-Davis Incorporated Wm.Clark C.Gryer
Company Name Name of Authorized Representative(Print)
863 Si Kings Hwy Estimating Manager
Street Address Title
Fart Pierce, FL 34945 hn vi .
City,State,Zip E4nail Addrags
772 468-9244
Telephone Avow ed Signature.
Bid Form Page 587 of 590
Page 4 of d g
Agenda Item #19.
This document may be reproduced upon request in an alternative format by contacting the County ADA
Coordinator(772) 320-3131, the County Administration Office (772)288-5400, Florida Relay 711, or by
completing our accessibility feedback form at us/accessibility-feedback
AMENDMENT TO AGREEMENT BETWEEN COUNTY AND CONTRACTOR
FOR GOODS AND SERVICES
RFB2021-3313
THIS AMENDMENT #1 made and entered into this 15th day of May in the year 2023, by
and between MARTIN COUNTY, a political subdivision of Florida, (Hereinafter "County"), 2401
SE Monterey Road, Stuart, Florida 34996 and JOHNSON-DAVIS INCORPORATED
(Hereinafter "Contractor"), 863 S. Kings Hwy. Fort Pierce, FL. 34945.
WITNESSETH
WHEREAS, the County and Contractor entered into an Agreement for
INFRASTRUCTURE CONSTRUCTION & MAINTENANCE on May 25, 2021; and
WHEREAS, the County and Contractor desire to amend the Agreement to add unit
pricing for the supply and installation of concrete parking stops, pavers, root pruning and
stamped asphalt.
NOW THEREFORE, in consideration of the promises, covenants, and mutual benefits which
all accrue to the parties hereto in carrying out the terms of this Agreement, it is mutually
covenanted and agreed that the contract will be amended as follows:
1. Add unit pricing for the supply and installation of concrete parking stops, pavers, root
pruning and stamped asphalt outlined in Exhibit C (Amendment#1).
2. All remaining pricing, terms and conditions of the Agreement not specifically amended
herein shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the Agreement
as of the date first set forth above.
REVIEWED BY BOARD OF COUNTY COMMISSIONERS
MARTIN COUNTY, FLORIDA
� 4-�
Jam s Gorton Don G. Donaldson, P.E.
Public Works Director County Administrator
JOHNSON-DAVIS INCORPORATED APPROVED AS TO FORM AND LEGAL
Digitally nlgned by William Clark CliRo,d SUFFICIENCY c'�=US,E=ccryer�johnsorWaMs.mm,
C='Aohn_De i.,Inc.',OU=Esgmating
Manager,CN=William Clark Clitb,d Cry.,
Willi cla I rd Cryer Looaeon:eon Rlllbrz@ D,.Lantana.FL
a4 33462
«-Reason:I agent to the accuracy and
integrity of We document
Gmlact Info: -
Wm. 9 rk C. r�1e 2°2305.,g,°,5°�°°°° Sarah W. Aods
Estityfating Manager County 00fney
Page 588 of 590
Agenda Item #19.
RFB2021-3313
INFRASTRUCTURE CONSTRUCTION&MAINTENANCE
AMENDMENT1
EXHIBIT C
ITEOM DESCRIPTION EST UNIT UNIT PRICE TOTAL
N TQTY
MATERIALS FURNISH&INSTALL
1 Concrete Parking Stops 5 Each $ 350.00 $ 1,750.00
2 Paver Remove and Reset 2000 SY $ 90.00 $ 180,000.00
3 Paver Base Replacement and Reset 2000 SY $ 25.00 $ 50,000.00
4 Root Pruning 1000 SF $ 5.00 $ 5.000.00
5 Stamped Asphalt Crosswalks 5000 SF $ 25.00 $ 125,000.00
CHECK TOTALS!The County is not responsible for mathematical errors.
INSTRUCTIONS
Bids must be received no later than the date and time stated in the Advertisement. Bids received after that time&date will not be considered.
�— This form must be returned with bid. Bids on any o�the(form will not be accepted.
C w k C. �-
Company Name Name of Authorized Representative(Pr t)
Street Address Title
City,State,Zip -mail Address
sG i Ss - mo
elephone A or
ze ignature
Bid Form
Page 1 of 1 Page 589 Of 590
Agenda Item #19. EXHIBIT B
CIL
is"
JOHNSON-DAVIS INC.
"Construct with Confidence"
January 17,2024
Mr. Doug Chambers
Director
Department of Public Works Village of Tequesta
345 Tequesta Dr.
Tequesta,FL 33469
Re: Martin County,RFB2021-3313 Infrastructure Construction&Maintenance —Piggyback
Contract
Doug,
As requested,this letter is to serve as our allowance for the Village of Tequesta(VOT)to
utilize the Martin County,RFB2021-3313 Infrastructure Construction&Maintenance contract held
by Johnson-Davis,Inc. for piggyback purposes.
If you have any questions,please contact me at(561)588-1170 ext. 322 or at 561-718-4531
(cellular)ccr, (a�iohnsondavis.com.
Sincerely,
C
Wm. k C. Cryer
Estim for
UPNAN6 UTIILIP'&E
Main office:604 Hillbrath Drive-Lantana,FL 33462•Phone:561-588-1170•Fax:561-585-5252 Py�� L��p Of 590
THE SOM FLORIDA AGO Ft.Pierce Office:863 S.Kings Hwy-Ft.Pierce,FL 34945-Phone:772-468-9200•Fax:772-468-9202