2721_Burlwood_Dr_(Addendum_#1_Revision).pdf

HOUSING REHABILITATION

25-017

2721 BURLWOOD DR

November 21, 2024

OWNER:

BOARD OF COUNTY COMMISSIONERS

SANTA ROSA COUNTY, FLORIDA

BOBBY BURKETT – DISTRICT I

KERRY SMITH – DISTRICT II

RHETT ROWELL – DISTRICT III

RAY EDDINGTON – DISTRICT IV

COLTEN WRIGHT – DISTRICT V

25-017

HOUSING REHABILITATION

2721 BURLWOOD DR

Solicitation advertised utilizing Santa Rosa County Procurement & Purchasing Ordinance 2023-06 adopted June 19, 2023

I. Bid Instructions, Submittal Requirements, and General Requirements II. Scope of Work

III. Pricing Table IV. Vendor Requirements and Submission V. Housing Rehabilitation Draft Contract

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1. Bid Instructions, Submittal Requirements, and General Requirements

1.1. Pre-Bid Activity

Except as provided in this section, respondents are prohibited from contacting or lobbying the County, County

Administrator, Commissioners, County staff, or any other person authorized on behalf of the County related or involved with the solicitation. All inquiries on the scope of work, specifications, additional requirements, attachments, terms and general conditions or instructions, or any issue must be directed in writing, via the County e-Procurement Portal located at https://procurement.opengov.com/portal/santarosafl.

All questions or inquiries must be received no later than the last day for questions stated in 25-017 2721 Burlwood

Dr. Any addenda or other modification to the bid documents will be issued by the County prior to the date and time of bid closing, as written addenda, and will be posted to the Santa Rosa County e-Procurement Portal hosted by

OpenGov. Once the bidder has completed registration, they will receive addenda notifications to their email by clicking “Follow” on this project. Ultimately, it is the sole responsibility of each bidder to periodically check the site for any addenda at https://procurement.opengov.com/portal/santarosafl.

Such written addenda or modification shall be part of the bid documents and shall be binding upon each respondent. Each respondent is required to acknowledge receipt of all addenda. No respondent may rely upon any verbal modification or interpretation.

1.2. Preparation of Bid

The respondent shall submit bids in accordance with the public notice. The respondent shall submit bids in accordance with bid documents and must be listed on the Division of Corporations website (Sunbiz) for the FEIN provided.

Any proposal which contains any omissions, erasures, alterations, additions, irregularities of any kind, or items not called for which shall in any manner fail to conform to the conditions of public notice may be rejected.

A bid submitted by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature). The official address of the partnership shall be shown below the signature.

A bid submitted by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown below the signature.

A bid submitted by an individual shall show the respondent’s name and official address.

A bid submitted by a joint venture shall be executed by each joint venture in the manner indicated on the bid form.

The official address of the joint venture must be shown below the signature.

The bid shall contain an acknowledgement of receipt of all addenda, the numbers of which shall be filled in on the form. The address and telephone number for communications regarding the bid shall be shown.

If the respondent is an out-of-state corporation, the bid shall contain evidence of respondent’s authority and qualification to do business as an out-of-state corporation in the State of Florida. A state contractor license number for the State of Florida shall also be included on the bid form. Respondent shall be licensed in accordance with the requirements of Chapter 489, Florida Statutes.

The bid shall be based upon the completion of the Work according to the drawings and specifications, together with all addenda thereto.

https://procurement.opengov.com/portal/santarosafl https://procurement.opengov.com/portal/santarosafl

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1.3. Submittal of Bid

A bid shall be submitted no later than the date and time prescribed in the solicitation and shall be accompanied by the bid security and other required documents. Applicable bond documents may be uploaded, but any physical checks presented must be delivered to the Procurement Office prior to the Bid Opening. Offers by email, facsimile, or telephone will NOT be accepted.

1.4. Integrity of Bid Documents

Respondents shall use the original documents provided on the Santa Rosa County e-Procurement Portal and enter information only in the spaces where a response is requested. Respondents may use an attachment to the documents if sufficient space is not available. Any modifications or alterations to the original documents by the respondent, whether intentional or otherwise, will constitute grounds for rejection of a submittal. Any such modification or alteration that a respondent wishes to propose must be clearly stated in the respondent’s response in the form of an addendum to the original bid documents.

1.5. Withdrawal of Submittals

Any Respondent may withdraw its Submittal, either personally or by written request, at any time prior to the scheduled time for opening Submittals.

1.6. Interpretation

No oral interpretation will be made to any Respondent as to the meaning of the drawings or specifications. Every interpretation made to a Respondent will be in the form of an Addendum to the specifications. Addenda will be furnished to each Respondent, but it shall be the Respondent’s responsibility to make inquiry as to Addenda issued.

All such addenda shall become part of the contract and all Respondents shall be bound by such Addenda whether received by the Respondent.

1.7. Bids to Remain Subject to Acceptance

All responses will remain subject to acceptance or rejection by Santa Rosa County for sixty (60) calendar days after the day of the response opening. The County may, in its sole discretion, release any response and return the bid security prior to the end of this period.

1.8. Conditional and Incomplete Bids

Santa Rosa County specifically reserves the right to reject any conditional response.

1.9. Addition/Deletion of an Item

The County reserves the right to add or delete any item from this response or resulting contract when deemed to be in the County’s best interest.

1.10. Specification Exceptions

Specifications are based on the most current literature available. Respondent shall clearly list any change in the manufacturer’s specifications which conflict with the proposal specifications. Respondent must also explain any deviation from the proposal specification in writing. Failure of the respondent to comply with these provisions will result in respondents being held responsible for all costs required to bring the equipment in compliance with bid specifications.

1.11. Familiarity with Laws

All applicable Federal and State laws, County and municipal ordinances, orders, rules, regulations and General

Terms and Conditions of all authorities having jurisdiction over the project shall apply to the solicitation

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1.12. Examination of Documents and Site

It is the responsibility of the respondent to inspect the site, scope of the work, and to understand the relevant documents, such as drawings, specifications, addenda, and any other information that may affect the execution of the work and the resources needed. Respondents should ensure that they have a clear and comprehensive knowledge of all the conditions and requirements that may impact the performance of the work under the contract.

1.13. Right to Reject

The County reserves the right to waive informalities in a submission, to reject any or all submissions with or without cause, and accept the submission that in its judgment is in the best interest of the County.

1.14. Disqualification of Respondents

Any of the following reasons may be considered as sufficient for the disqualification of a respondent and the rejection of its response:

• Submission of more than one response for the same work from an individual, firm, or corporation under the same or different name. Evidence that the respondent has a financial interest in the firm of another respondent for the same work.

• Evidence of collusion among respondents. Participants in such collusion will receive no recognition as respondents for any future work of the County until such participant has been reinstated as a qualified respondent.

• Incomplete work which in the judgment of the County might hinder or prevent the respondents prompt completion of additional work if awarded.

• Failure to pay or satisfactorily settle all bills due for labor and material on contracts in effect at the time of issuing the solicitation or default under previous contract.

• Listing of the respondent by any Local, State or Federal Government/Agency on its debarred/suspended vendor list.

1.15. Discrimination

An entity or affiliate who has been placed on the discriminatory vendor list may not submit a response on a contract to provide goods or services to a public entity for the construction or repair of a public building or public work, may not submit responses on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity.

1.16. Review of Procurement Documents

Per Section 119.071 (1)(b)-2., Florida Statutes, sealed bids, proposals, or replies received by the County pursuant to a competitive solicitation are exempt from public disclosure until such time as the County provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier.

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1.17. Compliance with Florida Statute 119.0701

The Respondent shall comply with all the provisions of section 119.0701, Florida Statutes relating to the public records which requires, among other things, that the Respondent: (a) Keep and maintain public records; (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records; (c) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the respondent upon termination of the contract.

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 CONTRACT, CONTACT THE

CUSTODIAN OF PUBLIC RECORDS AT (850) 983-1857, susant@santarosa.fl.gov; 6495 CAROLINE STREET, SUITE M, MILTON, FLORIDA 32570.

1.18. Suspension or Termination for Convenience

The County may, at any time, without cause, order Respondent in writing to suspend, delay or interrupt the work in whole or in part for such period as the County may determine, or to terminate all or a portion of the Contract for the County’s convenience. Upon such termination, the Contract Price earned to the date of termination shall be paid to Respondent, but Respondent waives any claim for damages, including loss of profits arising out of or related to the early termination. Those Contract provisions which by their nature survive final acceptance shall remain in full force and effect. If the County orders a suspension, the Contract price and Contract time may be adjusted for increases in the cost and time caused by suspension, delay, or interruption. No adjustment shall be made to the extent that performance is, was or would have been so suspended, delayed or interrupted by reason for which

Respondent is responsible; or that an equitable adjustment is made or denied under another provision of this

Contract.

1.19. Failure of Performance/Delivery

In case of default by the Vendor, the County after due notice (oral or written) may procure the necessary supplies or services from other sources and hold the Vendor responsible for difference in cost incurred. Continuous instances of default shall result in cancellation of the award and removal of the Vendor from the response list for duration of one (1) year, at the option of the County.

1.20. Audit

If requested, respondent shall permit the County or an authorized, independent audit agency to inspect all data and records of respondent relating to its performance and its subcontracts under this bid from the date of the award through three (3) years after the expiration of contract.

1.21. Non-Collusion

Respondent certifies that it has entered into no agreement to commit a fraudulent, deceitful, unlawful, or wrongful act, or any act which may result in an unfair advantage over other respondents. See Florida Statute 838.22.

1.22. Public Entity Crime Information

Pursuant to Florida Statute 287.133, a respondent may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity more than the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list.

mailto:WANDAP@SANTAROSA.FL.GOV

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Note: For respondent’s convenience, this certification form is enclosed and is made a part of the solicitation package.

1.23. Investigation of Respondent

The County may make such investigations, as it deems necessary to determine the stability of the respondent to perform the work and that there is no conflict of interest. The respondent shall furnish to the County any additional information and financial data for this purpose as the County may request.

1.24. Form of Agreement

The Contract form shall be provided by the Procurement Office. The successful contractor shall, within 10 days after receipt of the Notice of Award and the contract forms or documents, sign and return to the County

Procurement Office all required contract documents. The awarded contractor shall also provide the policies of insurance or insurance certificate as required. All insurance documents shall be approved by Santa Rosa County

Risk Management before the successful contractor proceeds with the work.

The contractor is responsible for submitting along with their response any exceptions it has to the standard terms of contract, within the attached sample contract. Failure to submit exceptions at time of submittal of the bid will be considered a waiver by the respondent to contest or request exception to the contract provisions. Any exceptions to the standard terms of contract will be taken into consideration as part of the County’s review of the response. The County reserves the right to reject bids depending on the substance of the exceptions.

2. Scope of Work

2.1. Housing Rehabilitation: 2721 Burlwood Dr

See detailed scope of work located under the attachment tab.

3. Pricing Table

Line Item Description Quantity Unit of

Measure Unit Cost Total

1a Remove all (9) existing windows and shutters and replace with new vinyl windows of equal sizes. Contractor to verify final sizes. New window wind-borne debris protection to be installed at new windows. Reinstall existing shutters beyond wind-borne debris protection anchors.

1 1

1b Remove and replace the existing front half-glass door and rear double

French doors, door jambs, hardware, trim, and decorative moulding with new of same likeness and size. Prime and paint to match. New window wind-borne debris protection to be installed at new doors with windows.

1 1

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Line Item Description Quantity Unit of

Measure Unit Cost Total

1c Remove the interior doors, door jambs and trim at the master bedroom, master bathroom, bedroom

2, bedroom 3, and the hall bathroom and replace with (5) new prehung, prefinished doors with hardware.

1 1

2a Remove and replace packaged HVAC system, all components, and registers, with new 2.5-ton packaged HVAC system. Clean and inspect ducts and return air trunk line for deficiencies and repair or replace as needed.

Secure access under the house with lattice and screen.

1 1

2b Add blown insulation throughout entire attic to achieve R-38 after installation of new HVAC system.

1 1

3a Remove and replace the existing electric water heater, connection lines, drip pan, and overflow drain line with a new 40-gallon electric water heater of same likeness, connection line, drip pan, and overflow drain line.

1 1

4a Install an exhaust fan and switch in each bathroom vented through soffit.

1 1

4b Contact Servpro to complete their cleaning process as outlined in their attached report. None of the sheetrock removal, as listed in the report, will be completed. Servpro will only be completing the dehumidify and cleaning portion of their report.

1 1

4c Remove and replace the existing master bathroom showerhead, fixture and valve and bathroom 2 bathtub faucet, fixtures, showerhead, and valve with new of same likeness and sizes.

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Line Item Description Quantity Unit of

Measure Unit Cost Total

5a Pull back existing carpet and padding and remove approximately 4’x10’ of water damaged floor decking at the back double French doors. Inspect floor joists and beams in effected areas and replace as needed. Install new plywood floor decking of like thickness and reinstall existing carpet and padding. Remove approximately

3’x3’ existing tile and water damaged floor decking in front of the shower in the master bathroom. Inspect floor joists and beams in effected areas and replace as needed. Install new plywood floor decking of same thickness and new tile of same likeness and size. Pull back existing carpet and padding and remove approximately 3’x3’ of water damaged floor decking at bedroom 3 entry doorway. Inspect floor joists and beams in effected areas and replace as needed. Install new plywood floor decking of like thickness and reinstall existing carpet and padding.

1 1

5b Remove existing rear deck stairs and replace with new wood stairs with handrails.

1 1

6a Remove and replace electric stove with a new stove of same likeness and size. Remove and replace refrigerator of same likeness and size.

1 1

7a Install new attic fan to ensure proper attic ventilation also remove and replace crawlspace vents around perimeter of home

1 1

7b Install 462 sq ft of new septic drainlines as stated in the attached

Health Dept permit.

TOTAL

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4. Vendor Requirements and Submission

4.1. Statement of Qualifications*

Please download the below document, complete, and upload.

• Statement_of_Qualifications...

*Response required

4.2. State of Florida Dept. of Professional Regulation Registration* Please upload registration.

*Response required

4.3. County Contractors Certificate*

Please upload certificate.

*Response required

4.4. Business License*

Please upload a valid business license.

*Response required

4.5. Contractor's Liability Insurance Certificate*

Please upload COI.

*Response required

4.6. Workman's Compensation Insurance Certificate or Waiver issued by the State of Florida* Please upload a copy of current required insurance declaration page with Santa Rosa County named interest or

Letter of Insurability from carrier stating the levels of coverage will be obtained.

*Response required

4.7. W-9 Form*

Please upload W-9.

*Response required

4.8. Conflict of Interest*

Please download the below documents, complete, and upload.

• Conflict_of_Interest.pdf

*Response required

4.9. Debarment Form*

Please download the below documents, complete, and upload.

• Debarment.pdf

*Response required

4.10. Sworn Statement under Section 287.133 (3)(A), Florida Statute on Public Entity Crimes* Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding.

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11 | P a g e

• Sworn_Statement.pdf

*Response required

4.11. Contractor's Certification*

I (we) certify that I (we) have carefully examined the Housing Program Rehabilitation Project document including the Contractor Section, for the above referenced job, and submit the following TOTAL bid to complete the project to construction industry standards for repairs, and that there will be NO CHANGE ORDERS OR ADDITIONAL

FUNDING on this project. On the basis of these examinations, I (we) propose to furnish all materials, tools, machinery, and labor necessary to complete the work in a professional manner and to complete the rehabilitation work at the prices listed opposite each item.

☐ Please confirm

*Response required

5. Housing Rehabilitation Draft Contract

THIS AGREEMENT is dated DATE by and between Santa Rosa County, a political subdivision of the state of

Florida (“County”) and VENDOR (“Contractor”).

County and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:

Article 1. WORK.

Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows:

Housing Reconstruction - 25-017 2721 Burlwood Dr

Article 2. CONTRACT TIMES.

2.1 The Work will be substantially completed within 90 calendar days after the date when the Contract

Times commence to run, and completed and ready for final payment within 120 calendar days after the date when the Contract Times commence to run.

2.2 Liquidated Damages. County and Contractor recognize that time is of the essence of this Agreement and that County will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed by the County. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by County if the Work is not completed on time.

Accordingly, instead of requiring of such proof, County and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay County the amount specified in Paragraph 3.3. for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by County, Contractor shall pay County the amount specified in Paragraph 3.3. for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. The Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the liquidated damages as a penalty, which the Parties agree represents a https://procure-now.s3.us-west-2.amazonaws.com/shared-sections/production/3716/595eaa28-d836-4f85-9231-c041a9c013b3_Sworn_Statement.pdf?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4IQEX3ILW%2F20241219%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20241219T171921Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjELD%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FwEaCXVzLXdlc3QtMiJIMEYCIQCQeGvlJzlu8Thmg9hzgtEwrTrb%2FOXEzAG0im91EDWQ4AIhAKMozJ3brh4AgUK0tWdhwrTx7P5%2FqTAAkJikFgXzHqHdKoMFCHkQAhoMODkyMzY0Njg3NjcyIgxPyWSwY%2Bl2iTbijtYq4AT8r2szhT59gWK7JdvLRlWRFfiX%2Fd%2FLRI0iPJwmGHD37H%2B1LxYV90dmYXVsCtYhXRyDOswJM%2FuTlqUmnReE2EzoagXqiGbTbXMVzeyOrQ0yHLAboqOR%2B7YygvmeIunEK4pgZvwDfRh4s8vklUgE5kS6dayvSl3dy%2Bju9vG2xS9NMqtERUYIO%2BR7IP0gPIm0Da1kSy6o4sDqkiVDT75dJxoq28YTW48XVPoAjVnG%2B8oFP5JJM7VuKP48Ld3TqhLwspJtbgjk709gP%2BN3LnbFeoKnz9FD4htvWLZ9Do%2F29gwGTqF1hqmaUYvEfi9lNdmWZT7RYIFGQjVLXNpPcfuu5zoIc7Z4tiLB%2FkcZAZguqlt6I24mmB8SUT8FpPl3vGGsG5hIZ%2BUDVXyYSi%2Fm8GsfFeUT3001PT7MEyRs8IynW8DY8cL3a8UFnDQzI64YwTsBx21w4NUquwcB%2BWvKScwHpqtcftB6xiTkf0xlUMOwyVdvptoU%2FJwOMc%2BGRJbT%2BJ4xGAkNEkBuHpAmMusL8z%2BiVtAALCR55oQHQo6dpdJ0fxLdADvksN0ZWw4786TPnb8QmWBeOCDMYr8GOdrwWgOcPhdZPxaiLburhTrCYFm%2Fz3FLe%2B0M8%2BMskVfQw%2F8R8cJwGjtrdisssnQUkrFOYDAzAXNQcPHwuDRQcG7HmacaffH8AWgzWaarl0CnOMKflFIy8P%2Bt7Wrj7hqaNQe02vwlLtz0JDl%2FkLy%2BHopW5d5C2Lypw01k%2FN1x1pt8xChWRTQeseMKUDjKSsd%2Fn0HvkF%2Fhm%2FV0otHs1d1dKe6mQcqNMZ3ZADCH9pC7BjqaAT6ph4qLOGSoHh0q7YQFjXLhhItNDWydK3rROOJmHjid6blOiWHQuhqYZv%2FmqkVm%2FlgpK3wSupE3qFZzvPMCvkUbSHE%2F29af0W6Xly75DQebgNDGF4RzoK0DhQ8q1%2FxrTl2t5R2NoIPTruHimjL0od%2Bz3g%2FwYlMFX2aBnlkHMmG2IrE889y%2BR1suzB%2FbxtvbsYj7tzF5b27G84I%3D&X-Amz-Signature=dcdb8828e6018b1a6eedcece0b425461f6bfb09a7e72608a6f7917e1eb5ca7a8&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22Sworn_Statement.pdf%22&x-id=GetObject

12 | P a g e fair and reasonable estimate of the County’s actual damages at the time of contracting if the Contractor fails to substantially complete the Work in a timely manner.

2.3 Liquidated Damages are based upon the original contract amount, as established by Santa Rosa County.

Liquidated damages, based upon the original contract amount of $BID AMOUNT, will be Seventy-Five Dollars

($75.00) per calendar day.

LIQUIDATED DAMAGES SCHEDULE

Phase Begin Date Consecutive Calendar Days to Complete Liquidated Damages

1 Notice to Proceed 10 $75.00 as Referenced on 25-017

Entire Project 90 $75.00 as Referenced on 25-017

Article 3. CONTRACT PRICE.

County shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the established unit price for each separately identified item of

Unit Price Work times the estimated quantity of that item as indicated in the Bid Schedule submitted in the

Bid Form. The cost of this project is $BID AMOUNT as per the attached Contractor bid.

Estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by Engineer.

Article 4. PAYMENT PROCEDURES

Contractor shall submit Application for Payment in accordance with Contract. Applications for Payment will be processed by Engineer as provided in the contract.

4.1 Progress Payments; Retainage. County shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, on or about the fifteenth

(15th) day of each month during construction as provided in paragraph 5.1.1. All such payments will be measured based on the number of units completed. Payments to the Contractor shall in no way imply approval or acceptance of Contractor’s work.

4.1.1 Contractor may be paid 95 % of Work completed (with the balance being retainage), less the aggregate of payments previously made and less such amounts as Engineer shall determine, or

County may withhold. Contractor may be paid 95 % (with the balance being retainage) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to County).

4.1.2 Retainage requirements may be changed to reflect a proposed change to state regulatory statutes.

4.2 Final Payment. Upon final completion and acceptance of the Work, County shall pay the remainder of the Contract Price as recommended by Engineer.

4.2.1 Contractor’s acceptance of final payment shall constitute a full waiver of any and all claims by

Contractor against the County arising out of this Agreement or otherwise relating to the Project, 13 | P a g e except those previously made in writing and identified by Contractor as unsettled at the time of the final Application for Payment. Neither the acceptance of the Work nor payment by the County shall be deemed to be a waiver of the County’s right to enforce any obligations of the Contractor hereunder or to the recovery of damages for defective Work not discovered by the Engineer or the

County at the time of final inspection.

4.3 Payments Withheld

4.3.1 The Engineer or the County may decline to approve any Applications for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections. The Engineer or the

County may nullify the whole or any part of any inspections. The Engineer or the County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due Contractor under this Agreement or any other agreement between the

County and the Contractor, to such extent as may be necessary in the County’s opinion to protect it from loss because of:

4.3.1.1 Defective Work not remedied;

4.3.1.2 Third party claims filed or reasonable evidence indicating probable filing of such claims;

4.3.1.3 Failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment;

4.3.1.4 Reasonable doubt that the Work can be completed for the unpaid balance of the

Contract Amount;

4.3.1.5 Reasonable indication that the Work will not be completed within the Contract Time;

4.3.1.6 Unsatisfactory prosecution of the Work by the Contractor;

4.3.1.7 Failure to provide accurate and current “As-Builts”; or

4.3.1.8 Any other material breach of the Contract Documents.

4.3.2 If these conditions in Subsection 5.3.1 are not remedied or removed, the County may after three (3) days written notice, rectify the same at Contractor’s expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of

Contractor to the County, whether relating to or arising out of his Agreement or any other agreement between Contractor and the County.

Article 5. CONTRACTOR'S REPRESENTATIONS.

In order to induce County to enter into this Agreement Contractor makes the following representations:

5.1 Contractor has examined and carefully studied the Contract Documents (including the Addenda listed in

Article 7) and the other related data identified in the Project Documents including "technical data."

5.2 Contractor has visited the site and become familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance or furnishing of the Work.

5.3 Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work.

14 | P a g e

5.4 Contractor has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Bid documents. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that County and Engineer do not assume responsibility for the accuracy or completeness of information and data shown, indicated in the

Contract Documents with respect to Underground Facilities at, or contiguous to the site. Contractor has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions

(surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions, and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the

Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents.

5.5 Contractor is aware of the general nature of work to be performed by County and others at the site that relates to the Work as indicated in the Contract Documents.

5.6. Contractor has correlated the information known to Contractor, information and observation obtained from visits to the site, reports, and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents.

5.7. Contractor has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that

Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

Article 6. CONTRACT DOCUMENTS

The Contract Documents that comprise the entire agreement between County and Contractor concerning the Work consist of the following:

6.1 This Agreement

6.2 Exhibit A- 25-017 and Contractor's Bid

6.3 Exhibit B- Insurance Requirements

6.4 Exhibit C- Civil Rights Clauses

6.5 Exhibit D- Scrutinized Contractors Certificate

6.6 Exhibit E- Federal Requirements

6.7 Any other documents necessary to clarify and memorialize the agreement between Contractor and

County.

Article 7. PUBLIC RECORDS

15 | P a g e

Any record created by either party in accordance with this Contract shall be retained and maintained in accordance with the public records law, Florida Statutes, Chapter 119.

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 CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, AT (850) 963-1857, susant@santarosa.fl.gocv, 6945

Caroline Street, Milton, FL 32570.

Contractor must comply with the public records laws, Florida Statute Chapter 119, specifically Contractor must:

7.1 Keep and maintain public records required by the County to perform the service.

7.2 Upon request from the County’s custodian of public records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 Florida Statutes or as otherwise provided by law.

7.3 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 contract term and following completion of the contract if the consultant does not transfer the records to the County.

7.4 Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the contractor or keep and maintain public records required by the County to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the consultant keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining the public records. All records stored electronically must be provided to the public agency, upon the request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency.

Article 8. AUDIT

The County and/or its designee shall have the right from time to time at its sole expense to audit the compliance by the Contractor with the terms, conditions, obligations, limitations, restrictions, and requirements of this Contract and such right shall extend for a period of three (3) years after termination of this Contract.

Article 9. TERMINATION FOR CONVENIENCE

County may at any time and for any reason terminate Contractor’s services and work at County's convenience. Upon receipt of such notice, Contractor shall, unless the notice directs otherwise, immediately discontinue the work and placing of orders for materials, facilities and supplies in connection with the performance of this Agreement.

Upon such termination, Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Agreement; plus, (2) such other costs actually incurred by Contractor as are permitted by the prime contract and approved by County; (3) plus ten percent (10%) of the cost of the work referred to in subparagraph (1) above for overhead and profit. There shall be deducted from such sums mailto:wandap@santarosa.fl.gocv

16 | P a g e as provided in this subparagraph the amount of any payments made to Contractor prior to the date of the termination of this Agreement. Contractor shall not be entitled to any claim or claim of lien against County for any additional compensation or damages in the event of such termination and payment. Further, County may terminate this contract immediately for failure of contractor to comply with Chapter 119, Florida

Statutes.

Article 10. VIOLATIONS OF CHAPTER 119 FLORIDA STATUTES

The County reserves the right to terminate this agreement immediately for failure of Contractor to adhere to the requirements of Florida Statutes Chapter 119.

Article 11. MISCELLANEOUS.

11.1 Terms used in this Agreement which are defined in the Bid documents.

11.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

11.3 County and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.

11.4 Any provisions or part of the Contract Documents held to be void or unenforceable under any Law or

Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon

County and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision

11.5 All documents prepared by the Contractor pursuant to this Agreement and related Services to this

Agreement are intended and represented for the ownership of the County only. Any other use by

Contractor or other Parties shall be approved in writing by the County. If requested, Contractor shall deliver the documents to the County within fifteen (15) calendar days.

Article 12. GOVERNING LAW, VENUE AND WAIVER OF JURY TRIAL.

This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. All Parties agree and accept that jurisdiction of any dispute or controversy arising out of this

Agreement, and any action involving the enforcement or interpretation of any rights hereunder shall be brought exclusively in the First Judicial Circuit in and for Santa Rosa County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. In the event it becomes necessary for the County to file a lawsuit to enforce any term or provision under this Agreement, then the

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County shall be entitled to its costs and attorney’s fees at the pretrial, trial and appellate levels. BY

ENTERING INTO THIS AGREEMENT, CONTRACTOR AND COUNTY HEREBY EXPRESSLY WAIVE ANY RIGHTS

EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS

AGREEMENT. Nothing in this Agreement is intended to serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed by the County pursuant to Section 768.28, Florida Statutes.

Article 13. CIVIL RIGHTS.

The Contractor agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance.

This provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required by Title VI of the Civil Rights Act of

1964.

ARTICLE 14. COMPLIANCE WITH NONDISCRIMINATION REQUIREMENTS.

During the performance of this Agreement, the Contractor, for itself, its assignees, and successors in interest, agrees as follows:

14.1 Compliance with Regulations: The Contractor will comply with the Title VI List of Pertinent

Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated and attached hereto as Attachment “C”.

14.2 Nondiscrimination: The Contractor, with regard to the work performed by it during the Agreement, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and

Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21.

14.3 Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the contractor’s obligations under this contract and the

Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin.

14.4 Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the County or other governmental entity to be pertinent to ascertain compliance with such Nondiscrimination Acts and

Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the County or the other governmental entity, as appropriate, and will set forth what efforts it has made to obtain the information.

14.5 Sanctions for Noncompliance: In the event of a Contractor’s noncompliance with the non-discrimination provisions of this contract, the County will impose such contract sanctions as it or another

18 | P a g e applicable state or federal governmental entity may determine to be appropriate, including, but not limited to:

14.5.1 Withholding payments to the Contractor under the Agreement until the Contractor complies;

and/or

14.5.2 Cancelling, terminating, or suspending the Agreement, in whole or in part.

14.6 Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the County may direct as a means of enforcing such provisions including sanctions for noncompliance.