Misc 2525 Quote Form.PDF

Misc 2525 St. Johns County, Florida Request for Quote Form

Window Glass Replacement at SJC Courthouse

St. Johns County is soliciting a quote from qualified contractors to remove and replace the glass on thirteen (13) windows on the first and second floor at the St. Johns County (SJC) Courthouse located at 4010 Lewis Speedway, St. Augustine, FL 32084, in accordance with the specifications provided herein.

Quotes must be submitted to Kayla Miller, via email at kmiller@sjcfl.us no later than Thursday, September 18, 2025 at 2:00 pm est.

In submitting a response to this Request for Quotes, Suppliers shall provide the information below along with any and all additional documentation or information necessary to verify qualifications (licenses, certifications, etc.), experience and/or other pertinent information associated with responding to this Request for Quotes.

Supplier must disclose any contractual or employment relationship with any County officer or employee, as well as any ownership interest in the Supplier Company held by any County officer or employee. Failure to disclose this information may result in cancellation of award, termination of contract, suspension or debarment.

PAYMENTWORKS REGISTRATION (See Paymentworks Registration Section):

Authorized POC: _____________________________ Email Address for POC:___________________________ (Name typed or printed)

SUPPLIER INFORMATION

Full Legal Company Name: _______________________________________________ FEIN#________________________

Mailing Address:

Authorized Representative Printed Name & Title:

Phone #: E-mail:

Authorized Representative Signature: Date:

*By signing above, Representative certifies that he/she is an authorized representative of the responding firm, and that all information submitted with this quote is true and complete. Representative also certifies that the responding firm meets any and all qualifications required to perform the required services associated with this request.

QUOTED PRICING

Suppliers: Having become familiar with requirements of the project, and having carefully examined the Quote Documents entitled Misc 2525; Window Glass Replacement at SJC Courthouse in St. Johns County, Florida, the undersigned proposes to furnish all labor, permits, materials, equipment, services and all other requirements necessary to complete the required Work for the following Lump Sum Price:

Lump Sum Price (Written in Numerals)

$ /Dollars Lump Price (Written in Words) mailto:kmiller@sjcfl.us

Where so indicated by the makeup of the Quote Form, sums shall be expressed in both words and numerals, and in the case of a discrepancy between the two, the amount expressed in words shall govern. Additionally, where there are unit prices and extended prices, the unit prices shall govern over extended pricing.

Any interlineations, alterations, or erasures by the Supplier on the Quote Form must be initialed by the signer of the Quote.

Failure to do so may cause the Quote to be considered non-responsive. Supplier shall make no stipulation on the Quote Form, nor qualify the submitted Quote in any manner. To do so will classify the Quote as being non-responsive.

PAYMENTWORKS REGISTRATION

The County has implemented a registration process for awarded Suppliers, which includes Contractors and Consultants even if the Supplier, Contractor, or Consultant is currently or has previously done business with the County. This process is through PaymentWorks, a third-party payee management system. Upon award, Supplier will receive an invitation to register from the County Purchasing Department, via email, which will originate from the PaymentWorks system.

If a Supplier has already registered within PaymentWorks, the registration does not have to be done again. However, in order to link the Supplier’s current account with the County in PaymentWorks, the Supplier must provide the email to the person that is used on the Supplier’s current account in PaymentWorks. The Supplier is responsible for completing the registration process for acceptance by the County, in order to receive any payments. The County cannot edit, input and/or bypass any portion of the registration for the Supplier. If there are any questions about this process, Suppliers can reach out to Leanne Burke at lburke@sjcfl.us.

DESIGNATED POINT OF CONTACT

The County’s Designated Point of Contact for this Request for Quotes is Kayla Miller, Procurement Coordinator, St. Johns County Purchasing Department. Any and all questions and/or inquiries shall be directed to Ms. Miller, in writing, via email at kmiller@sjcfl.us. In the event the Designated Point of Contact is absent or otherwise unavailable for more than three (3) business days, firms may contact Jennifer McDaniel, Procurement Coordinator at jmcdaniel@sjcfl.us.

MINIMUM QUALIFICATIONS

Supplier must be actively registered with the State of Florida Division of Corporations as of the submittal deadline for Quotes.

Supplier must have a current Local Business Tax Receipt for St. Johns County or must agree to obtain a Local Business Tax Receipt upon award.

Suppliers shall provide proof of qualifications by completing and submitting Attachment “B” – Licenses and Certification List along with a copy of each license and certificate listed. All licenses and certifications must be valid and current as of the date the Quote is submitted.

FAILURE BY A SUPPLIER TO DEMONSTRATE MEETING OR EXCEEDING THE MINIMUM QUALIFICATION REQUIREMENTS STATED ABOVE, MAY BE GROUNDS FOR DISQUALIFICATION AND REMOVAL FROM FURTHER CONSIDERATION FOR AWARD. The County reserves the right to request additional information regarding the qualification and experience of the Supplier in order to determine the responsibility of the Supplier to perform the specified work.

QUESTIONS

Any and all questions related to this project shall be directed, in writing, to Kayla Miller, Procurement Coordinator at kmiller@sjcfl.us. Questions are due no later than four o’clock (4:00PM EST) on Tuesday, September 09, 2025, so that any necessary addenda may be issued in a timely manner. Any questions received after the above deadline will not be answered unless previously approved by the SJC Purchasing Manager or other designated County Representative.

SCHEDULE/CONTRACT TIME

The Supplier shall have five (5) business days from receipt of Notice of Award, to sign and return the awarded Purchase Order. The Purchase Order will include all solicitation requirements and will serve as a binding Contract.

mailto:lburke@sjcfl.us mailto:kmiller@sjcfl.us mailto:jmcdaniel@sjcfl.us mailto:kmiller@sjcfl.us.

The County reserves the right to extend these timeframes, as needed, in order to serve the best interest of the County.

However, the County is under no obligation to extend these timeframes, and reserves the right to cancel any award, where the awarded Supplier fails to return the required documents within the timeframes specified above.

The Work under the awarded Purchase Order shall be commenced within Ten (10) business days of the date provided in the Notice to Proceed. The project shall reach Final Completion within Sixty (60) consecutive calendar days of the date provided in the Notice to Proceed.

BASIS OF AWARD

It’s the County’s intent to award the lowest, responsive Quote from a responsible Supplier. St. Johns County reserves the right to accept or reject any or all quotes, waive minor formalities or irregularities, and to award the quote that best serves the interests of St. Johns County.

The County shall have the right to accept alternates in any order or combination and to determine the low quote based on the sum of the Lump Sum Price and/or the Alternates accepted if alternate quotes are requested in the solicitation.

The County is under no obligation to award any quote alternates unless it serves the County's best interest to do so.

The awarded supplier will receive a Purchase Order to provide the products and services specified in this solicitation.

LOCAL PREFERENCE:

The County shall review all submitted Quotes to determine whether or not there is a Local Business which submitted a Quote that is within ten percent (10%) of the responsive, responsible, low Quote, provided the low Quote is not from a verified Local Business. If so, the County shall verify the qualification requirements to validate the Supplier as a Local Business, in accordance with Section 16.3 of the Policy. If the lowest Quote from a responsible Local Business is responsive, and the Quote is within ten percent (10%) of the low Quote, the Local Supplier shall have forty-eight (48) hours from notification by the County, to agree, in writing, to match the low Quote amount. If the Local Supplier agrees to match the low Quote amount within the timeframe provided, the Local Supplier shall be awarded, provided they meet any and all other requirements of the County. If the Local Supplier refuses, or fails to agree to match the low Quote within the timeframe specified, the County shall consider the non-local low Quote for award.

PAYMENT TERMS

Payment terms are Net Forty-five (45) days, in accordance with Chapter 218.74(2) Florida Statutes. There will be no upfront payment or deposits for materials made to the Supplier.

PAYMENT/INVOICE

Supplier shall submit an invoice to the County within thirty (30) consecutive calendar days of completion of the required services. Invoice must contain the following information: Supplier’s full legal name and mailing address; Purchase Order number; description of services completed.

Invoice must be submitted to the St. Johns County Facilities Department

Attn: Julie Atkins Email: jmatkins@sjcfl.us

2416 Dobbs Road, St. Augustine, FL 32086

TAXES

Project is subject to Federal Excise and Florida Sales Taxes, which must be included in quoted pricing.

INSURANCE

The Supplier shall not commence work until he/she has obtained all insurance required under this section and such insurance has been approved by the County. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. The Supplier shall furnish proof of Insurance to the County prior to the commencement of operations. The Certificate(s) shall clearly indicate the Supplier has obtained insurance of the type, amount, and classification as required by contract and that no material change or cancellation of the insurance shall be effective without thirty (30) days prior written notice to the County. Certificates shall specifically include the County as Additional Insured for all lines of coverage except Workers’ Compensation and Professional Liability. A copy of the endorsement must accompany the certificate. Compliance with the foregoing requirements shall not relieve the Supplier of its liability and obligations.

Certificate Holder Address: St. Johns County, a political subdivision of the State of Florida

500 San Sebastian View St. Augustine, FL 32084 Attn: Purchasing Department

Supplier shall procure and maintain during the life of the awarded Contract, adequate Workers’ Compensation Insurance in at least such amounts as is required by law for all of its employees per Florida Statute 440.02.

Supplier shall procure and maintain during the life of the awarded Contract, Comprehensive General Liability Insurance with minimum limits of $1,000,000 per occurrence, $2,000,000 aggregate, including bodily injury (including wrongful death), property damage, products, personal & advertising injury, and completed operations. This insurance must provide coverage for all Claims that may arise from the services and/or operations completed under the Contract, whether such services or operations are by Supplier or anyone directly or indirectly employed by them. Such insurance(s) shall also be primary and non-contributory with regard to insurance carried by the Additional Insureds.

Supplier shall procure and maintain during the life of the awarded Contract, Comprehensive Automobile Liability Insurance with minimum limits of $2,000,000 combined single limit for bodily injury and property damage liability and insuring liability arising out of or in any way related directly or indirectly to the ownership, maintenance or use of any owned, non-owned or rented/hired automobiles.

The required insurance limits identified above may be satisfied by a combination of a primary policy and/or Umbrella or Excess Liability Insurance policy. Supplier shall require each lower-tier subcontractor to comply with all insurance requirements appropriate for its scope of work, and any deficiency shall not relieve Supplier of its responsibility herein. Upon written request, Supplier shall provide County with copies of lower-tier subcontractor certificates of insurance.

Providing and maintaining adequate insurance coverage is a material obligation of Supplier. County has no obligation or duty to advise Supplier of any non-compliance with the insurance requirements contained in this Section. If Supplier fails to obtain and maintain all of the insurance coverages required herein, Supplier shall indemnify and hold harmless the Additional Insureds from and against any and all Claims that would have been covered by such insurance had Supplier complied with its obligations herein.

County reserves the right to adjust the above minimum insurance requirements or require additional insurance coverages to address other insurable hazards.

ADDENDA

Any change, clarification, revision, deletion, additional documents or information provided by the County after broadcast of this Quote will be provided via Addendum, and posted to Demandstar (www.demandstar.com) with the Quote Documents. All planholders for this Quote will be notified of the posted addendum by Demandstar. Planholders may access and download issued Addenda for inclusion in their submitted Quote. Suppliers may also request issued addenda from the Designated Point of Contact, in writing. It is the responsibility of the Supplier to acquire any addenda issued by the County. The County is not responsible for a Supplier’s failure to obtain any issued Addendum.

Suppliers are responsible for incorporating any and all changes, clarifications, revisions, deletions, additional documents and information provided by Addendum into the submitted Quote. Failure by the Supplier to appropriately consider and incorporate the addenda into their submitted Quote may cause the submitted Quote to be considered non-responsive and removed from further consideration. It shall be the sole discretion of the Purchasing Manager or Director of Purchasing and Contracts to determine whether or not an Addendum is material to the submitted Quote, resulting in disqualification and removal from consideration for award.

Each Supplier shall acknowledge all issued Addenda in the submitted Quote by provide a copy of each Addendum, signed by the Supplier’s authorized representative.

EQUAL EMPLOYMENT OPPORTUNITY

In accordance with Federal, State and Local law, the submitting supplier shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or handicap. The submitting supplier shall be required to comply with all aspects of the Americans with Disabilities Act (ADA) during the performance of the work.

PROHIBITION AGAINST CONSIDERATION OF SOCIAL, POLITICAL, OR IDEOLOGICAL INTERESTS

Supplier are hereby notified of the provisions of Section 287.05701, Florida Statutes, as amended, that the County will not request documentation of or consider a Supplier’s social, political, or ideological interests when determining if the Proposer is a responsible Supplier. Suppliers are further notified that the County’s governing body shall not give preference to a Supplier based on the Supplier’s social, political, or ideological interests.

DISCRIMINATORY VENDORS – FLORIDA STATUE 287.134

In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, 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.

COMPLIANCE WITH FLORIDA STATUTE 287.138

1. Pursuant to 287.138 F.S., effective July 1, 2023, the County may not enter into contracts which grants the Supplier access to personal identifiable information if: 1) the Supplier is owned by the government of a Foreign Country of Concern (as defined by the statute: (b) the government of a Foreign Country of Concern has a controlling interest in the entity; or

(c) the Supplier is organized under the law of or has its principal place of business in a Foreign Country of Concern. The County shall be entitled to immediately terminate this Agreement with liability to ensure the County’s continued compliance with the statute.

2. Pursuant to 287.138 F.S., effective January 1, 2024, if Supplier may access, receive, transmit, or maintain personal identifiable information under this Agreement, Supplier must submit a Foreign Entity Affidavit to the County.

Additionally, effective July 1, 2025, Supplier shall submit a Foreign Entity Affidavit to the County prior to any renewals of this Agreement. Failure or refusal to submit a Foreign Entity Affidavit shall be cause for immediate termination of this Agreement by the County.

Misc 2525; Window Glass Replacement at SJC Courthouse

SPECIFICATIONS

St. Johns County is soliciting quotes to remove and replace the glass of thirteen (13) windows on the first and second floor at St. Johns County (SJC) Courthouse located at 4010 Lewis Speedway, St. Augustine FL, 32084. All windows must meet or exceed the specifications listed below. Contractors shall provide a detailed quote in addition to this quote form listing all materials and equipment to be used, all specifications shall be included. The County has a lift on-site for Contractors to use.

Contractor is responsible for any damages to existing structures or utilities caused in the course of the work and shall repair or replace as necessary at no additional cost to the County. Photos of the windows that need replaced are below and highlighted in yellow.

QTY: 1

Size: 25-5/8” X 53-1/8” Clear Tempered Glass Insulated Glass 1” overall 1/4” Thickness 1/2” Black Spacer

QTY: 4

Size: 25-7/8” X 53-1/8” Clear Tempered Glass Insulated Glass 1” overall 1/4” Thickness 1/2” Black Spacer

QTY: 2

Size: 25-7/8” X 32-1/8” Clear Tempered Glass Insulated Glass 1” overall 1/4” Thickness 1/2” Black Spacer

QTY: 6

Size: 25-7/8” X 38-1/8” Clear Tempered Glass Insulated Glass 1” overall 1/4” Thickness 1/2” Black Spacer

The Contractor shall include the complete installation of all glass and related components in accordance with manufacturer specifications, industry standards, and applicable building codes. Work shall consist of properly setting and aligning glass, applying Dow 995 Structural Silicone Sealant (black) for perimeter and structural sealing, and ensuring clean, uniform joints with no voids or defects. New windows must be wet-glazed in. All glazing shall be performed by qualified personnel experienced in commercial window installation, with care taken to protect adjacent finishes and maintain a professional, watertight appearance.

Project Work Hours: Work shall be performed Monday-Friday 8:00am-4:00pm. No work will be allowed on Saturdays and Sundays for the duration of the project.

Photos:

ATTACHMENT “A”

LOCAL PREFERENCE

Suppliers must complete and submit Attachment A, indicating whether or not the Supplier is submitting for consideration of Local Preference. Any Supplier that meets the criteria of a Local Business, in accordance with Section 16.3.1 of the SJC Purchasing Policy, must submit all documentation required to support consideration as Local Business, for the Supplier as well as any proposed sub-contractors who are submitted for consideration of Local Preference.

Any Supplier submitting for consideration of Local Preference either through their own qualifications, or through that of proposed sub-contractors must also submit documentation to demonstrate that at least fifty percent (50%) of all Work shall be self-performed, or performed by sub-contractors that meet the criteria of a Local Business.

In order to qualify for local preference Supplier must provide sufficient documentation to demonstrate:

• A physical, brick and mortar place of business located within the geographic boundaries of St. Johns County, with a valid mailing address, in an area zoned for the conduct of such business, from which the Supplier has operated or performed business on a day-to-day basis that is substantially similar to those specified in the solicitation for a period of at least one (1) calendar year prior to the issuance of the solicitation. No PO Boxes shall be accepted.

• Local address above must be registered as the Supplier’s principal place of business with the Divisions of

Corporations Florida Department of State for at least one (1) calendar year prior to the issuance of this RFq.

• Submit current and valid Local Business Tax Receipt, and must have Local Business Tax Receipts issued by the St.

Johns County Tax Collector from at least one (1) calendar year prior to issuance of this RFq.

• Must qualify as a local business as shown above AND self-perform a minimum of fifty percent (50%) of all services under the awarded Contract, or must have a minimum of fifty percent (50%) of all services performed by qualified local businesses as sub-contractors.

Supplier is a Local Business as defined in Section 16.3.1, SJC Purchasing Policy

If Supplier selects this option, by signing below, Supplier certifies that the firm qualifies as a local business in accordance with the requirements stated above, OR certifies that the submitted local business proposed as sub-contractors meet the requirements for local preference AND that a minimum of fifty percent (50%) of all services shall be performed by local businesses as proposed.

Supplier is not a Local Business as defined in Section 16.3.1, SJC Purchasing Policy

If Supplier selects this option, Supplier is not seeking consideration for local preference, and is not required to submit the documentation provided above.

Signature – Authorized Representative

Printed Name & Title

Date of Signature

ATTACHMENT “B”

LICENSE / CERTIFICATION LIST

Supplier shall list all current licenses and certifications held by the firm and/or Key Personnel of the Supplier. Failure to demonstrate any required licenses or certifications which are stated as a minimum qualification, shall be grounds for disqualification and removal from further consideration. A copy of each license or associated document(s) shall be attached to this form and submitted with the Quote.

License Name License # Issuing Agency Expiration Date

State of Florida Business License

ATTACHMENT “C”

LIST OF PROPOSED SUB-CONTRACTORS / SUPPLIER LIST

Supplier shall submit any and all sub-contractors and/or major material suppliers proposed to perform any portion of the Work for review/approval by the County. Supplier shall attach any and all applicable licenses or certifications held by the proposed sub-contractor/supplier related to the portion of the Work for which they are proposed, as stated below. All subcontractors/suppliers are subject to the approval of the County.

In order to qualify for Local Preference, if the Supplier is NOT a Local Business, and/or is NOT self-performing at least 50% of all Work specified under this solicitation, the Supplier must utilize qualified Local Businesses to complete a minimum of 50% of all Work. Any sub-contractors/suppliers proposed as Local Businesses, must be accompanied by sufficient documentation demonstrating qualification as a Local Business in accordance with Section 16.1 of the SJC Purchasing Policy.

Company Name

Work/Services to be Performed

Primary Contact Name

Contact Number and Email Address

Local Business (Yes/No)

Percentage (%) of Total Work/Services

ATTACHMENT “D”

ST. JOHNS COUNTY

AFFIDAVIT REGARDING THE USE OF COERCION FOR LABOR AND SERVICES

Section 787.06(13), Florida Statutes requires all nongovernmental entities executing, renewing, or extending a contract with a governmental entity to provide an affidavit signed by an officer or representative of the nongovernmental entity under penalty of perjury that the nongovernmental entity does not use coercion for labor or services as defined in that statute.

As an officer or authorized representative of Supplier, I certify that the company identified below does not, for labor or services:

• Use or threaten to use physical force against any person;

• Restrain, isolate, or confine or threaten to restrain, isolate, or confine any person without lawful authority and against her or his will;

• Use lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or services are not respectively limited and defined;

• Destroy, conceal, remove, confiscate, withhold, or possess any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person;

• Cause or threaten to cause financial harm to any person;

• Entice or lure any person by fraud or deceit; or

• Provide a controlled substance as outlined in Schedule I or Schedule II of s. 893.03 to any person for the purpose of exploitation of that person.

Under penalties of perjury, I declare and affirm that I have read the foregoing document and that the facts stated in it are true and correct.

DATED this ___________________ day of _________________, 20____.

Signature of Affiant

Printed Name of Affiant

Printed Title of Affiant

Full Legal Name of Supplier

Sworn to (or affirmed) and subscribed before me by means of ☐ physical presence or ☐ online notarization, this day of , 20 , by Affiant, who is personally known to me or has produced as identification.

Notary Public My Commission Expires:

TERMS AND CONDITIONS

1. Labor and Materials

1.1 Supplier shall perform all of the Work required, implied, or reasonably inferable from, the Solicitation Documents.

Unless otherwise provided in the Solicitation Documents, Supplier shall provide and pay for all labor, supervision, materials, supplies, tools, transportation, storage, construction equipment and machinery, utilities (including but not limited to water, heat, fuel, light, and cooling), and all other services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Materials, articles and equipment furnished by Supplier for incorporation into the Work shall be new unless otherwise specified in the Solicitation Documents.

1.2 Supplier shall use only competent and skilled personnel to perform and supervise the Work and shall remove from such Work any person determined to be unfit, unqualified, or acting in violation of any obligation of Supplier under this solicitation. In the event a person is removed from the Work, Supplier shall promptly replace such individual with another who is fully competent and skilled to perform the Work at Supplier’s sole expense.

1.3 Except as otherwise required for the safety or protection of persons or the Work or property at the Jobsite or adjacent thereto, and except as otherwise stated in the Solicitation Documents, all Work at the Jobsite shall be performed during regular working hours, Monday through Friday. Supplier will not perform Work on a Saturday, Sunday, or any legal holiday. Supplier may perform Work outside regular working hours or on Saturdays, Sundays, or legal holidays only with the County’s prior written consent, which will not be unreasonably withheld.

1.4 In addition, when the Work requires by Florida Statute, Supplier shall use only licensed, registered and/or certified personnel to perform the Work. Such Statutes may include, but are not limited to, Chapter 489 (Regulation of Professions and Occupations Contracting) and Chapter 633, Part III (Fire Protection and Suppression) of the Florida Statutes.

2. Payment of Costs Except as otherwise expressly provided, Supplier shall pay directly all costs and expenses of the Work of any kind or nature whatsoever including but not limited to all costs of permitting, regulatory compliance, obtaining and maintaining required bonds and insurance, payments due to Subcontractors and suppliers, legal, financial, sales, use and similar taxes on materials and equipment, transportation and storage of materials and equipment, preparation of schedules, budgets and reports and all other costs required to achieve project Completion in accordance with this solicitation.

3. Cleaning the Jobsite Supplier shall keep the Jobsite neat, secure and orderly during performance of the Work and shall clean up and remove all waste, rubbish and construction debris from the Jobsite as they accumulate. Upon Final Completion of the Work, Supplier shall remove all waste, rubbish and construction debris from and about the Jobsite as well as all tools, appliances, construction equipment, temporary utilities, temporary construction and machinery and surplus materials. Supplier shall restore to original condition all property not designated for alteration by the Solicitation Documents.

4. Taxes

4.1 Supplier shall pay all taxes, levies, duties and assessments of every nature which may be applicable to any Work under this Solicitation. The Contract Price and any agreed variations thereof shall include all applicable taxes imposed by law. Supplier shall make any and all payroll deductions required by law. Supplier herein indemnifies and holds the County harmless from any liability on account of any and all such taxes, levies, duties, assessments and deductions. The indemnity provision of this section shall survive the expiration or earlier termination of this Solicitation. Supplier may not use County’s tax-exempt status unless specifically authorized in writing in advance.

4.2 Foreign Entity Tax Withholding. Amounts due to certain foreign persons or entities may be subject to backup withholding taxes under federal law. If Supplier is a foreign person or entity that is required to complete Internal Revenue Service (“IRS”) Form W-8ECI, Supplier shall provide County a copy of Suppliers current Form W-8ECI prior to issuance of any invoice or payment under this Contract. If Supplier fails to timely provide a completed, current Form W-8ECI, County will withhold all backup withholding taxes from the amounts due to the Supplier, remit such sums to the IRS, and pay Supplier only the remainder. County makes no representation regarding the tax treatment of amounts due to Supplier, and Supplier releases and holds the County harmless from any claims or damages in any way relating to or arising from any tax withholding by County pursuant to this section.

5. Publicity and Advertising

5.1 Supplier shall not make any announcement or release any information or publish any photographs concerning this solicitation, the Work or the Project or any part thereof to any member of the public, press or any official body, unless prior written consent is obtained from the County.

5.2 Use of the County Seal or County Logo is strictly prohibited. In accordance with, County Ordinance 92-2 and County Administrative Policy 101.3, Supplier may not manufacture, use, display, or otherwise use any facsimile or reproduction of the County Seal or Logo without express written approval of the Board of County Commissioners of St. Johns County, Florida.

6. Time is of the Essence Time is of the essence regarding each and every obligation of Supplier under this Contract. Each obligation is deemed material, and a breach of any such obligation (including a breach resulting from untimely performance) is a material breach.

7. Final Inspection When all the Work is finally complete and Supplier is ready for a final inspection, Supplier shall provide written notice to the County and the Project Manager. The Project Manager, with Supplier’s cooperation, will conduct such reviews, inspections and tests as may be reasonably required to satisfy the County that the Work, or identified portion of the Work, conforms to all requirements of the Solicitation Documents. If the Project Manager determines that the Work or any part of the Work is not complete or fails to conform to the Solicitation requirements, Supplier will be notified in writing of deficiencies. After correcting all deficiencies Supplier shall again initiate the procedures for final inspection as set forth above. The Project Manager will issue a Final Certificate for Payment following satisfactory inspection of the Work.

8. Disclaimer of Consequential Damages The County shall not be liable to Supplier, whether in contract, tort, warranty or under any statute or on any other basis, for any consequential, incidental, indirect, special, punitive or exemplary damages suffered or incurred by Supplier in connection with this solicitation, even if the County has been advised of the possibility of such damages. Consequential damages shall include, by way of example and without limitation, opportunity costs, loss of use of facilities or other assets, consequential damage claims of subcontractors, lost profits, lost savings, lost business, lost bonding capacity, lost financing, lost reputation or lost goodwill.

9 Withheld Payment The County may decline to make payment, may withhold funds otherwise payable and, if necessary, may demand the return of some or all of the amounts previously paid to Supplier, if:

a) Any Claims are made against Supplier by the County or third parties, including Claims for liquidated damages or if reasonable evidence indicates the probability of the making of any such Claim;

b) Any Claims are made against the County, the County’s property or any other party indemnified hereunder which is or might be covered by Suppliers Indemnification obligations;

c) Supplier fails to pay Subcontractors or others in full and on-time;

d) Supplier fails to submit information required under the solicitation;

e) Supplier fails to diligently prosecute the Work and maintain progress to assure completion within the Contract Time;

f) Supplier persistently fails to fully and timely perform the Work in accordance with the Solicitation Documents;

g) Defective or nonconforming Work is not remedied; or

h) Supplier is in default of any other representation, warranty, covenant or performance obligation of this solicitation.

If Claims or liens filed against Supplier or property of the County connected with performance under this solicitation are not promptly removed by Supplier after receipt of written notice from the County to do so, the County may remove such Claims or liens and all costs in connection with such removal shall be deducted from withheld payments or other monies due, or which may become due, to Supplier. If the amount of such withheld payments or other monies due Supplier under the Contract is insufficient to meet such cost, or if any Claim or lien against Supplier is discharged by the County after final payment is made, Supplier and its surety or sureties shall promptly pay the County all costs (including attorney's fees) incurred thereby regardless of when such Claim or lien arose.

10 Environmental, Safety and Health Safety and Protection. Supplier shall be solely and exclusively responsible for conducting operations under this solicitation to avoid risk of harm to the health and safety of persons and property and for inspecting, supervising and monitoring all equipment, materials (whether in storage on or off the Jobsite), work practices and safety precautions (including but not limited to adequate maintenance of traffic) used in the Work to ensure compliance with its obligations under this solicitation. Supplier shall provide or cause to be provided necessary training and furnish all safety construction equipment/tools, including OSHA compliant and ANSI certified personal protective equipment as appropriate and necessary for the performance of the Work, to its subcontractors of every tier and enforce the use of such training and safety construction equipment/tools.

Compliance. Supplier shall comply with all Applicable Laws bearing on the safety of persons or property, or their protection from damage, injury or loss including compliance with applicable permits, Project plans and approvals. To the extent allowed by law, Supplier shall assume all responsibility and liability with respect to all matters regarding the safety and health of its employees and the employees of Supplier’s subcontractors and Contractors of any tier, with respect to the Work.

Stop Work Authority. Notwithstanding the foregoing, the County reserves the right to direct Supplier to stop Work and correct an unsafe condition at any time that any person present at the Jobsite identifies any unsafe condition or action. For this purpose only, any person at the Jobsite is authorized to act on behalf of the County.

Safety Representative. Prior to commencing Work, Supplier shall designate in writing a member(s) of its Jobsite construction team as its Safety Representative. Such Safety Representative shall be acceptable to the County and shall have responsibility for implementing all safety procedures, including OSHA, responsibility for the prevention of accidents, authority for monitoring safety of the Work, authority to correct unsafe conditions or acts by its employees or Subcontractors, the ability to oversee compliance with and address environmental requirements, and coordinate with other on-site Contractors and subcontractors on safety and environmental matters required for the Work. In the absence of the required written designation, this person shall be Supplier’s Superintendent.

Safety Reporting Requirements. Supplier shall maintain accident and injury records as required by Applicable Law. Such records will be made available to the County upon request. Supplier shall immediately report to the County any death, injury or damage to property incurred or caused by Supplier’s employees and employees of Supplier’s subcontractors and suppliers of any tier.

Drug Free Workplace. By responding to this solicitation, Supplier agrees to maintain a healthy and productive workforce and safe working conditions thru compliance with the Drug-Free Workplace Act (Chapter 112, Florida State Statutes). Supplier’s personnel shall not possess, use, manufacture, distribute or be under the influence of while on the Jobsite (or any other location where the provisions of this solicitation applies) alcoholic beverages and/or illegal drugs or any other “Drug” as such term is defined in the Drug-Free Workplace Act.

Occupational Safety and Health Act (OSHA). Supplier warrants that all materials, equipment, services, etc., delivered or provided to the County shall conform in all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) of 1970 as amended and the failure to comply will be considered a breach of this solicitation. Supplier further certifies that if material, equipment, service, etc., delivered or provided to the County is subsequently found to be deficient in any OSHA requirement in effect on date of delivery or service fulfillment date, all costs necessary to bring the material, equipment, service, etc., into compliance with the aforementioned requirements shall be borne by Supplier.

Toxic Substances/Federal Hazard Communication “Right to Know and Understand” Regulations The Federal “Right to Know and Understand” Regulation (also known as the Hazard Communication / Globally Harmonized System of Classification and Labeling of Chemicals (GHS) implemented by OSHA requires employers to inform their employees of any toxic substances to which they may be exposed in the workplace, and to provide training in safe chemical storage, labeling, handling practices and emergency procedures.

Accordingly, Supplier is required to provide completed Safety Data Sheets (SDS) for each hazardous substance provided to the County under this solicitation. This includes hazardous substances that are not directly included in the Solicitation Documents, but are included in the goods or services provided by Supplier to the County. The SDS for each substance must be sent to the County’s Project Manager and must also be sent to:

St. Johns County, a political subdivision of the State of Florida 500 San Sebastian View St. Augustine, FL 32084 Attn: Risk Management

In the event that hazardous material is improperly handled or stored by Supplier, its subcontractors, any sub-subcontractors, or any employee or agent of any of the aforementioned which results in contamination of the Jobsite, Supplier shall immediately notify the County and the appropriate governmental authority and shall take whatever action is necessary or desirable to remediate the contamination at Supplier’s sole cost and expense. Further, Supplier shall indemnify and hold harmless the County from any and all cost, expense, action, or liability whatsoever resulting from such contamination and/or remedial activities. The indemnity provisions of this section shall survive the expiration or earlier termination of this Contract.

11 Award of Subcontracts Supplier shall be responsible for all Work performed under the Solicitation Documents. All persons engaged in the Work of the Project are the responsibility and under the control of Supplier. Supplier shall furnish the Project Manager, in writing, the names of persons or entities proposed by Supplier to act as a Subcontractor on the Project. The Project Manager shall promptly reply to Supplier, in writing, stating any objections the Project Manager may have to such proposed Subcontractor. Supplier shall not enter into a Subcontract with a proposed Subcontractor with reference to whom the Project Manager has made a timely objection.

Supplier shall give personal attention to fulfillment of the Contract and shall keep the Work under Supplier's control. When any Subcontractor fails to execute a portion of the Work in a manner satisfactory to the County, Supplier shall remove such Subcontractor immediately upon written request from the County, and the Subcontractor shall not again be employed on the Project. The County will not entertain requests to arbitrate disputes among Subcontractors or between Supplier and Subcontractor(s) concerning responsibility for performing any part of the Work.

12. Changes In The Work

12.1. General

12.1.1 The County may, at any time, without invalidating this Contract and without notice to sureties, unilaterally direct changes in the Work within the general scope of this Contract, consisting of additions, deletions, revisions, or any combination thereof, by Change Order or by field order. Supplier agrees to promptly comply with such orders and proceed with the Work, which shall be performed under the applicable requirements of the Soliciation Documents.

12.1.2 If at any time Supplier believes that acts or omissions of the County constitute a change to the Work, Supplier shall, within five (5) days of such change or act or omission, submit a written notice to the County Representative explaining in detail the basis for the change request. Upon agreement as to the impact of the change or act or omission, the Contract Time and/or Contract Price shall be adjusted by written Change Order. IT IS EXPRESSLY AND SPECIFICALLY AGREED THAT ANY AND ALL CLAIMS FOR CHANGES TO THE CONTRACT TIME OR CONTRACT PRICE SHALL BE WAIVED IF NOT SUBMITTED IN STRICT

ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION.

12.2 Acceptance of Change Orders

Supplier’s written acceptance of a Change Order shall constitute a final and binding Contract to the provisions thereof and a waiver of all claims in connection therewith, whether direct, indirect, or consequential in nature.

12.3 Notice to Sureties

Supplier shall notify and obtain the timely consent and approval of Supplier’s surety with reference to all Change Orders if such notice, consent or approval is required by Supplier’s surety or by law. Supplier represents and warrants to County that Supplier is solely liable and responsible to so notify and obtain any such consent or approval.

13. Right to Stop Work If the Work is defective, or Supplier fails to supply sufficient skilled workers, suitable materials, or equipment or fails to furnish or perform the Work in such a way that the completed Work will conform to the Solicitation Documents, the County, acting through the County Representative, may order Supplier to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The County’s right to stop Work, or any portion thereof, shall not give rise to any duty on the part of the County to exercise this right for the benefit of Supplier or any other party.

14. County May Accept Defective or Nonconforming Work If the County chooses to accept defective or nonconforming Work, the County may do so. In such events, the Contract Price shall be reduced by the greater of (a) the reasonable cost of removing and correcting the defective or nonconforming Work, and (b) the difference between the fair market value of the Work had it not been constructed in such manner as to include defective or nonconforming Work. If the remaining portion of the unpaid Contract Price, if any, is insufficient to compensate the County for its acceptance of defective or nonconforming Work, Supplier shall, pay the County such remaining compensation for accepting defective or nonconforming Work.

15. Suspension The County may, by written notice, order Supplier to suspend, delay or interrupt Work, in whole or in part, for a period of time as the County may determine. If such suspension delays Supplier’s ability to meet the authorized Contract Time, Supplier will be granted an extension of time as reasonably agreed by both parties. Supplier shall not be entitled to an adjustment to the Contract Time to the extent that performance is, was or would have been so suspended, delayed or interrupted by another cause, act or omission for which Supplier is responsible.

16. Termination

16.1 The County may by written notice to Supplier terminate the Work under this Contract in whole or in part at any time for the County’s convenience or for the default of Supplier.

16.2 Upon receipt of such termination notice Supplier shall immediately stop all Work and shall immediately cause any and all of its Subcontractors and material suppliers at any tier, to immediately stop all work, leaving the Jobsite or Work area in a safe and secured condition. Supplier shall not be paid for any work performed or costs incurred after the termination date that reasonably could have been avoided. The County may direct Supplier to assign Supplier’s right, title and interest under terminated orders or subcontracts to its designee.

16.3 Supplier shall not remove from any Jobsite any materials, equipment, plant or tools that have been paid for by County pursuant to this Contract. Supplier hereby grants the County a free and unimpeded right of access to Supplier’s facilities, which shall survive any termination of the Contract, for the purpose of permitting the County to take control of and remove any Work, including but not limited to any Work for which title has vested in the County.

16.4 If the termination is for the convenience of the County, an equitable adjustment in the compensation to be paid Supplier shall be made based upon the cost for completed Work, Work in progress, and the substantiated, reasonable and actually incurred costs associated with termination. No amount shall be allowed for anticipated profit or unperformed work.

16.5 For purposes of this Termination provision, Supplier shall be deemed in default if Supplier (1) persistently or repeatedly refuses or fails to perform the Work in a timely manner, (2) fails to supply enough properly skilled Workers, supervisory personnel or proper equipment or materials, (3) fails to make prompt payment to Subcontractors, or for materials or labor, (4) becomes insolvent or becomes the subject of voluntary or involuntary bankruptcy proceedings, (5) persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or (6) breaches or violates a material provision of this Contract. If the termination is attributable to the default of Supplier, the County shall have the right, without prejudice to any other right or remedy, to take possession of the Jobsite and of all materials, equipment, tools, and machinery thereon owned by Supplier and may finish the Work by whatever methods it may deem expedient. In such case, Supplier shall not be entitled to receive any further payment until the Work is finished.

17. Warranty

17.1 Supplier warrants and guarantees to the County that all labor furnished to progress the Work under this Contract shall be competent to perform the tasks undertaken and that the product of such labor shall yield only first-class results and that all materials and equipment furnished under this Contract shall be of good quality, free from faults and defects and in strict conformance with the Solicitation Documents.

17.2 Supplier warrants all materials, equipment and labor it furnishes or performs under this Contract against all defects in design, materials and workmanship for a period of one year (or the period of time in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) from and after the date of Final Completion.