Reconstruct_Airport_Perimeter_Fence_Phase_1-PIE_(Addendum_#1_Revision).pdf

INVITATION TO BID - CONSTRUCTION (ITB-C)

24-0809-ITB-C

RECONSTRUCT AIRPORT PERIMETER FENCE PHASE 1-PIE

Pinellas County

Pinellas County Courthouse Annex Bldg., Sixth Floor

Clearwater, FL 33765

THE MISSION OF PINELLAS COUNTY

"Pinellas County Government is committed to progressive public policy, superior public service, courteous public contact, judicious exercise of authority and sound management of public resources to meet the needs and concerns of our citizens today and tomorrow."

ISSUE/RELEASE DATE: June 7, 2024

QUESTION SUBMISSION DEADLINE: June 21, 2024

PROPOSAL SUBMISSION DEADLINE: June 25, 2024, 3:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY VIA OPENGOV TO:

https://procurement.opengov.com/portal/pinellasfl https://procurement.opengov.com/portal/%7bproject.government.code%7d

Pinellas County

INVITATION TO BID - CONSTRUCTION (ITB-C)

Reconstruct Airport Perimeter Fence Phase 1-PIE

Table of Contents No table of contents entries found.

Attachments:

A - OpenGov Fillable- Final

B - E-Verify_Affidavit

C - QUALIFICATION SUBMITTAL FORM 5-21

D - Affdavit of Release and Guarantee24-0809

E - Performance and Payment Bonds

F - Sample Change Order

G - Sample Application for Payment

H - Title_VI

I - Perimeter_Fence_Bid_Document_Drawings

J - Perimeter_Fence_Bid_Document_Specs

K - SBE Compliance Form24-0809

L - Agreement-24-0809

M - Pricing Proposal 24-0809(reference only)

N - Florida Trench Safety Form

Invitation to Bid - Construction (ITB-C) #24-0809-ITB-C Title: Reconstruct Airport Perimeter Fence Phase 1-PIE

1. Notice

INVITATION TO BID

SUBMITTALS ARE OPENED PUBLICLY AND ARE ACCEPTED VIA OPENGOV

ITB - Construction 2-Step

24-0809-ITB-C

Reconstruct Airport Perimeter Fence Phase 1-PIE

ALL QUESTIONS MUST BE SUBMITTED IN OPENGOV WITHIN THE QUESTION & ANSWER SECTION.

SOLICITATION MEETINGS: Site Visit: Non-Mandatory; Pre-Conference: Non-Mandatory

SUBMITTALS MAY NOT BE WITHDRAWN FOR120 DAYS AFTER OPENING DATE.

PUBLIC MICROSOFT TEAMS MEETING - https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTk2ZDM5NzgtZmFiOS00ZWM1LTk1NjgtYWIxOWZiYzliMGQ4%40thread.v2/0?co ntext=%7b%22Tid%22%3a%22c32ee18f-a4c7-46ff-af40-

8ed605642745%22%2c%22Oid%22%3a%227427c034-238b-4d40-aa5d-19b05166cbf8%22%7d @ 3:30 on the Bid 2 Submittal Date.

Meeting ID: 292 583 511 912

Passcode: avjUPp

Or call in (audio only)

+1 813-644-3116

Phone Conference ID: 487 254 075#

The Purchasing and Risk Management Division for the Pinellas County Board of County Commissioners has transitioned to OpenGov Procurement for contractor/vendor registration, and for posting, submitting and receiving bids, quotes and proposals for active solicitations. Contractors/Vendors must register with OpenGov Procurement (https://procurement.opengov.com/signup) to participate in active County solicitations.

Should you need technical assistance with OpenGov, the following options are available:

Phone: (855) 680-4747, 8 a.m. to 8 p.m., Monday - Friday

Email:procurement-support@opengov.com

Chat is available in the OpenGov application

Web:https://help.procurement.opengov.com https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTk2ZDM5NzgtZmFiOS00ZWM1LTk1NjgtYWIxOWZiYzliMGQ4%40thread.v2/0?context=%7b%22Tid%22%3a%22c32ee18f-a4c7-46ff-af40-8ed605642745%22%2c%22Oid%22%3a%227427c034-238b-4d40-aa5d-19b05166cbf8%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTk2ZDM5NzgtZmFiOS00ZWM1LTk1NjgtYWIxOWZiYzliMGQ4%40thread.v2/0?context=%7b%22Tid%22%3a%22c32ee18f-a4c7-46ff-af40-8ed605642745%22%2c%22Oid%22%3a%227427c034-238b-4d40-aa5d-19b05166cbf8%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTk2ZDM5NzgtZmFiOS00ZWM1LTk1NjgtYWIxOWZiYzliMGQ4%40thread.v2/0?context=%7b%22Tid%22%3a%22c32ee18f-a4c7-46ff-af40-8ed605642745%22%2c%22Oid%22%3a%227427c034-238b-4d40-aa5d-19b05166cbf8%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTk2ZDM5NzgtZmFiOS00ZWM1LTk1NjgtYWIxOWZiYzliMGQ4%40thread.v2/0?context=%7b%22Tid%22%3a%22c32ee18f-a4c7-46ff-af40-8ed605642745%22%2c%22Oid%22%3a%227427c034-238b-4d40-aa5d-19b05166cbf8%22%7d https://procurement.opengov.com/signup mailto:procurement-support@opengov.com https://help.procurement.opengov.com/

Please Note:

From time to time, addenda may be issued to this solicitation. Any such addenda will be posted to https://procurement.opengov.com/portal/pinellasfl. Receipt of addenda confirmation is required in

OpenGov.

AUTHORIZED BY:

Merry Celeste, CPPB

Division Director of Purchasing and Risk Management https://procurement.opengov.com/portal/pinellasfl

2. Introduction

2.1. Summary

The St. Pete-Clearwater International Airport intends to enhance the safety and security of the Air

Operations Area (AOA) by replacing vulnerable portions of existing fence with a more robust fencing system to improve the prevention of access by people and wildlife. In various locations, existing fencing will be removed and replaced with 8-foot tall prefabricated, non-scalable fencing topped with ribbon strip/razor wire and wildlife deterrent skirt at the base.

2.2. Background

The St. Pete-Clearwater International Airport has existing fencing surrounding the AOA that has higher risk for vulnerabilities, including areas of older deteriorating fencing in need of replacement. In various locations, existing fencing will be removed and replaced with 8-foot tall prefabricated, non-scalable fencing topped with ribbon strip/razor wire and wildlife deterrent skirt at the base.

2.3. Contact Information

Michelle Jurek

Procurement Analyst

400 S. Ft. Harrison Ave. 6th Floor

Clearwater, FL 33756

Email: mjurek@co.pinellas.fl.us

Phone: (727) 464-4382

Department:

ST. PETE- CLEARWATER INTERNATIONAL AIRPORT

2.4. Timeline

Issue Date June 7, 2024

Site Visit & Pre-Conference Information

(Non-Mandatory)

June 11, 2024, 9:00am

14700 Terminal Blvd., 2nd Floor Conference Room, Clearwater, FL 33762

Step 1 Question Submission Deadline June 21, 2024, 3:00pm

Step 1 Bid Submission Deadline June 25, 2024, 3:00pm

Step 2 Bid Submission Deadline July 11, 2024, 3:00pm mailto:mjurek@co.pinellas.fl.us tel:(727)464-4382

3. Special Conditions

3.1. SMALL BUSINESS ENTERPRISE (SBE) PARTICIPATION REQUIREMENTS

A. It is the policy of the Board of County Commissioners (Board) that SBE qualified firms have the maximum opportunity to participate on County projects. In this regard, the contractor to whom any award of this solicitation is made shall take all necessary and reasonable steps to ensure that SBE qualified firms have the maximum opportunity to participate in this contract. Failure of the bidder to comply with SBE pre-award requirements may result in rejection of the bid. Failure of the contractor to perform contractual requirements of the SBE requirements pertaining to this contract may constitute a material breach of the contract and may result in contract termination

B. This section outlines the requirements for Small Business Enterprise (SBE) participation as outlined in Purchasing Procedures Section 14. An SBE is defined as a local business that is independently owned and which is not dominant in its field of operation. The Small Business must also comply with the following:

1. The business must serve a commercially useful function.

2. The business must be located in Pinellas, Hillsborough, Pasco, or Manatee Counties.

3. The company’s total annual sales do not exceed the maximum 3-year average gross revenue of three 3 million dollars for businesses providing services or gross revenues not exceeding

(8) million for construction service providers.

4. The number of employees of the company does not exceed the maximum 3-year average of

50 employees.

C. Information pertaining to SBE registration may be found at the Economic Development website:

www.pced.org/page/sbe.

D. The Board has established an overall annual goal for the participation of SBE qualified firms in all construction contract awards of $100,000 or more. As subcontract awards by the successful bidder on this solicitation to SBE qualified firms are essential to the achievement of the Board’s

SBE goals, this specification includes requirements with which bidders must comply. Bidders must meet the goal as set forth below for participation of SBE qualified firms.

E. In connection with this solicitation and resulting contract, a goal of (5%) has been established for participation by SBE firms as subcontractors. The goal shall be applied to the full monetary value of the contract and shall be reflected in the monetary portion spent on subcontractors for consulting or construction services to be awarded to those SBE qualified firms meeting contract specifications.

F. Provisional reciprocity shall be granted to SBE firms that are principally domiciled in Pinellas, Pasco, Hillsborough, and Manatee Counties and have registered through that agency or http://www.pced.org/page/sbe municipality. SBE firms qualified by the State of Florida and located in the counties listed above will also be granted reciprocity.

G. In order to be considered for provisional certification and be counted toward the goal attainment, the contractor or subcontractor must be registered with the Pinellas County

Department of Economic Development website www.pced.org/page/sbe.

H. The Subcontractors/Material Suppliers List (List) must be completed and submitted with your bid submittal. Refer to Appendix 7, SBE Compliance Form. The List must include the suppliers name, scope or type of work to be performed and dollar amount. The identification of all SBE firms to be utilized on the project must be shown on this List. This List is the basis for determining whether the bidder met the SBE goal attainment.

3.2. TWO-STEP QUALIFICATION PROCESS

This Invitation to Bid requires a Two-step process. All interested bidders must complete Step One:

Qualification Submittal Forms (complete Part A & B). Awards of bids for construction services with an engineering estimate in excess of $100,000 will only be made to:

• Bidders who have pre-qualified with the Florida Department of Transportation (FDOT) in prequalification work type of FENCING, ELECTRICAL WORK, GRASSING, SEEDING AND SODDING, in the amount that equals or exceeds their bid (complete Part A & B),

• Bidders who have no FDOT prequalification letter/forms complete Part B.

Only those bids from Bidders that fully complete Step One prior to bid opening will be considered.

Qualified bidders will be notified individually in OpenGov. Step Two submittal is due by Step Two due date and time in OpenGov.

3.3. TWO-STEP QUALIFICATION PROCESS

This is a two-step invitation of bid (ITB) process; Step 1 consists of bidder requirements and qualifications. Once bidders have been deemed qualified, bidders will be requested to submit pricing as

Step 2 of the bid process.

Step 1: See pages titled QUALIFICATION SUBMITTAL FORM section for submitting Step 1 by the Step 1 due date and time listed on Introduction.

Step 2 - An Addendum will be issued listing the bidders whom are qualified to submit bid pricing using

Section – Pricing Proposal along with Introduction of this Invitation to Bid (ITB) following other requirements of this ITB by the Step 2 due date and time listed on Introduction.

3.4. PRICING/PERIOD OF CONTRACT

Unit prices bid of listed items shall be held firm from the date the contract is signed by the Contractor until the project is completed and accepted by the Board of County Commissioners. Unless otherwise approved by the County, the Contractor shall commence Work under this Agreement with an adequate force and equipment within 15 consecutive calendar days after receipt of written notice from the http://www.pced.org/page/sbe

County to proceed and to fully complete all necessary Work under the same within not more than 210 consecutive calendar days.

3.5. NON-MANDATORY PRE-BID CONFERENCE:

All questions pertaining to the bid or technical specifications will be reviewed at this time. Bid suggestions or modifications may be discussed with County representatives at this meeting and may be considered by representatives as possible addenda to the Invitation to Bid.

14700 Terminal Blvd., 2nd Floor Conference Room, Clearwater, FL 33762

Tuesday, June 11, 2024

9:00 am

3.6. NON-MANDATORY SITE VISIT:

The sole purpose of the site visit is to provide a tour of the site(s) that will be supported by the contract.

The scope of work and/or bid specifications shall not be discussed during this visit. All questions relating to this bid and the scope of work or technical specifications must be submitted in writing.

There will be a Site Visit at the following date, time, and location:

14700 Terminal Blvd., 2nd Floor Conference Room, Clearwater, FL 33762

6/11/24

9:00 AM

3.7. PRE-COMMENCEMENT MEETING

Upon award of bid, the County will coordinate a pre-commencement meeting with the successful

Contractor. The meeting will require Contractor and the County Representative(s) to review specific contract details and deliverable documents at this meeting to ensure the project documents and work areas are understood.

3.8. BID BOND GUARANTEE

A. All bids must be accompanied by a Bid Bond guarantee in the sum of 5% of the base bid and made payable to Pinellas County. Said bid bond shall be a guarantee that should the bid be accepted, the bidder will, within (10) days after the acceptance of its bid, enter into an agreement with Pinellas County for the services proposed to be performed and will at that time furnish an acceptable agreement surety. Cash, certified check, cashier’s check, trust company treasurer check, company or personal checks and bank draft of any national or state bank are not acceptable.

B. Said bid bond and the monies payable thereon, will, at the option of the County, be forfeited if the bidder fails to execute the written agreement and furnish the required surety bond within

10 consecutive calendar days following written notice of the award of the contract.

C. Attorneys-in-fact who sign bonds must file with such bond one (1) certified copy of their power of attorney to sign said bond.

D. Bid bond shall have been issued within 30 days of the date for receiving bids.

3.9. CONTRACT SECURITY

A. The bidder shall provide a performance bond and a payment bond in the form prescribed in this solicitation, and each in the amount of 100% of the agreement amount, the costs of which are to be paid by the bidder. The bonds will be acceptable to the County only if the following conditions are met:

1. For contracts that do not exceed $500,000.00, the Surety Company:

a. is licensed to do business in the State of Florida;

b. holds a certificate of authority authorizing it to write surety bonds in this state and provides proof of same;

c. has twice the minimum surplus and capital required by the Florida insurance code at the time the invitation to bid is issued;

d. is otherwise in compliance with the provisions of the Florida insurance code; and

e. holds a currently valid certificate of authority issued by the United States Department of

Treasury under 31 U.S.C. ss 9304-9308.

2. For contracts over $500,000.00, all of the requirements of paragraph A.1 above apply. In addition, the surety company must have a current rating of at least Excellent (A or A-) all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc., of 75 Fulton Street, New York, New York 10038, with an underwriting limitation of at least two times the dollar amount of the agreement.

3. All bonds must be signed by an insurance agent who is licensed to do business in the state of

Florida. The license may be held by a resident agent or a non-resident agent.

B. If the Surety for any Bond furnished by the Bidder is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Bidder shall, within 5 calendar days thereafter, substitute another Bond and Surety, both of which shall be subject to the County's approval.

C. By execution of these bonds, the Surety acknowledges that it has read the Surety qualifications and Surety obligations imposed by the Contract Documents and hereby satisfies those conditions.

3.10. LICENSES, PERMITS, FEES AND TAXES

A. Pursuant to section 218.80, Florida Statutes, Pinellas County discloses to the contractor the following permits and fees generally which will have to be obtained by and will be payable by the contractor who is the successful bidder or proposer. Specific permits required will be shown in Appendix 1 – Permits. Contractor will be reimbursed for the actual amount paid for the permits as evidenced by official receipts from the office(s) collecting the fees. No reimbursement will be provided for license fees. Permits/fees may include the following:

1. Impact Fees.

2. Inspection Fees.

3. Other permits or fees required by Pinellas County for the completion of the work, if applicable.

4. License fees: The Pinellas County Construction Licensing Board (PCCLB), an independent government agency, may require licensure or registration of a State of Florida construction license. These are not Pinellas County Government fees, but the contractor is hereby put on notice that fees may be required by the PCCLB. License fees are not reimbursable.The foregoing list of fees apply only to those fees imposed by Pinellas County or imposed by another governmental agency which has assigned or delegated the responsibility for issuance of permits, licenses and conduction of inspections and attendant collection of fees to Pinellas County. The contractor is responsible for determining if other fees and permits are required by any other Federal, State, or local governmental entity, agency, or board.

B. All sales, consumer, use, and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the work, shall be paid by the contractor.

C. Compliance with permit and licenses requirements: The contractor shall comply with all applicable Local, State and Federal permit conditions and license requirements, applicable building and construction code requirements and such other rules and regulations as may apply to the prosecution of Work. Failure of the contractor to comply with the above-specified requirements shall result in contractor being prohibited from performing work pursuant to this agreement. Any additional costs incurred by the contractor as a result of non-compliance shall be the responsibility of the contractor and shall not be paid by the County. Additionally, contractor shall be required to pay any fines due as a result of non-compliance with the applicable requirements.

3.11. COMPLIANCE WITH LAWS

The contractor agrees to comply, at its own expense, with all Federal, State and Local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project or Job Order

Contract, including but not limited to, those dealing with taxation, workers' compensation, equal employment, safety (including, but not limited to, the Trench Safety Act, Chapter 553.60-553.64, Florida

Statutes), labor, work hours, labor conditions, environment, and related matters. If the contractor observes that the contract documents are at variance therewith, it shall promptly notify the Design

Professional/Engineer/Project Manager in writing.

3.12. QUANTITIES

A. Quantities shown on the Bid Submittal Form are estimated for bidding purposes only and shall be verified by the contractor before placing orders for material. No payment shall be allowed for excess materials.

B. Payment for work performed under this agreement shall be based on the pay items and bid quantities shown on the Bid Submittal Form, subject to such extension of pay quantities as may be required.

C. Regardless of uncertainties of material supply and production at the time of bidding, bidders shall base their bids in strict accordance with items, materials and methods as set forth in the contract documents.

D. Pay items that are required to complete the scope of the Work, as defined by the project plans and specifications may be added to the list of pay items by the design professional/engineer/project manager at a later date through a change order process.

3.13. QUANTITIES REFLECTED IN PERMITTING DOCUMENTS

Any construction items or quantities reflected in the permitting documents, if any, required for this project are provided only for the purpose of enabling permitting authorities to assess the probable impact of the project on environmental concerns, and are in no way intended to reflect or represent actual construction items or quantities for pay purposes.

3.14. AWARD OF CONTRACT

The contract will be awarded for the entire Work (with or without optional/alternates items) to the lowest responsible and responsive bidder, provided that the bid is reasonable, and that it is in the best interest of the County to accept.

3.15. AFTER NOTICE OF AWARD TO CONTRACTOR

Subsequent communications between the County and the contractor shall be delivered to the County's representative. A Preconstruction Conference will be held following execution of the contract documents and prior to the Notice to Proceed.

3.16. INTENT OF THE CONTRACT DOCUMENTS

A. It is the intent of the contract documents to describe a functionally complete project (or portion thereof) to be constructed in accordance with the contract documents which combine to define the scope of work. Any work, materials or equipment that may reasonably be inferred from the contract documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the work is performed, except as may be otherwise specifically stated herein.

B. The contract documents and all referenced standards cited therein are essential parts of the agreement requirements. A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete project.

C. Plans are intended to show general arrangements, design and extent of work. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the work, trades, subcontracts, or extent of any part of the work. In the event of a discrepancy between or among the plans, specifications or other contract document provisions, the contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the contractor, as determined by the Design professional/engineer/project manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the work, whether or not called for by the contract documents.

3.17. STORAGE OF MATERIALS

Materials shall be so placed so as to permit easy access for proper inspection and identification of each shipment. Any material which has deteriorated, become damaged, or is otherwise unfit for use, as determined by the Design Professional/Engineer/Project Manager, shall not be used in the Work, and shall be removed from the site by the Contractor at its expense.

3.18. SANITATION

The Contractor shall provide and maintain adequate sanitary conveniences for the use of persons employed on the Work. These conveniences shall be maintained at all times without nuisance, and their use shall be strictly enforced. The location of these conveniences shall be subject to the Design

Professional/Engineer/Project Manager’s approval.

3.19. ERRORS AND OMISSIONS

The Contractor shall not take advantage of any apparent error or omission in the Contract Documents. If any errors and/or omissions appear in the Contract Documents, or construction stakeout, the

Contractor shall immediately notify the Purchasing Department, in writing, of such errors and/or omissions. In the event the Contractor knows or should have known of any errors and/or omissions and fails to provide such notification, it shall be deemed to have waived any claim for increased time or compensation it may have had and he shall be held responsible for the results and the costs of rectifying any such errors and/or omissions.

3.20. CONTRACTORS AND SUBCONTRACTORS

A. Qualification

1. The Contractor shall assure that all personnel are competent, careful and reliable. All personnel must have sufficient skill and experience to properly perform the Work assigned them. All personnel shall have had sufficient experience to perform their assigned task properly and satisfactorily and to operate any equipment involved, and shall make due and proper effort to execute the Work in the manner prescribed in the Contract Documents, or the Design Professional/Engineer/Project Manager may take action as prescribed below.

2. Whenever the Design Professional/Engineer/Project Manager shall determine that any person is incompetent, unfaithful, intemperate, disorderly or insubordinate, such person shall upon notice, be discharged from the Work and shall not again be employed on it except with the written consent of the Design Professional/Engineer/Project Manager.

Should the Contractor fail to remove such person or persons the Design

Professional/Engineer/Project Manager may withhold all estimates which are or may become due, or may suspend the Work until such orders are complied with.

B. Identification

1. Within 10 days after, the award of any subcontract, either by himself or a subcontractor, the

Contractor shall deliver to the Design Professional/Engineer/Project Manager a statement setting forth the name and address of the subcontractor(s) and a summary description of the Work subcontracted. The Design Professional/Engineer/Project Manager shall be notified if there are any changes whatsoever to the subcontractors listed in the Proposal

2. The Contractor shall be as fully responsible to the County for acts and omissions the subcontractor and of persons either directly or indirectly employed by the subcontractor, as the Contractor is for the acts and omissions of persons directly employed by the Contractor.

3.21. AUTHORITY OF THE DESIGN PROFESSIONAL/ENGINEER/PROJECT MANAGER

AND DESIGN PROFESSIONAL/ENGINEER/PROJECT MANAGER'S

DESIGNEES/REPRESENTATIVES

A. All Work shall be done in accordance with the Contract Documents.

B. It is agreed by the parties hereto that the Design Professional/Engineer/Project Manager shall decide all questions, difficulties and disputes, of whatever nature, which may arise relative to the interpretation of the Plans, construction, prosecution and fulfillment of the Agreement, and as to the character, quality, amount and value of any Work done, and materials furnished, under or by reason of the Agreement.

C. The County retains the right to inspect all Work to verify compliance with the Contract

Documents. The Design Professional/Engineer/Project Manager may appoint such designees and/or representatives as desired. They shall be authorized to inspect all Work done and all materials furnished. This right of inspection in no way means or implies County control or other supervision over the Work done or the work site. This right is solely for the County's benefit and imposes no duties or responsibilities on the County and confers no rights on any other parties.

Such inspection may extend to all or any part of the Work and to the manufacture, preparation or fabrication of the materials to be used. Such designees and/or representatives shall not be authorized to revoke, alter or waive any requirement of the Contract Documents.

D. The designees and/or representatives shall be authorized to call to the attention of the

Contractor any failure of the Work or materials to conform to the Contract Documents, and shall have the authority to reject materials or suspend the Work until any questions at issue can be referred to and decided by the Design Professional/Engineer/Project Manager. The Contractor shall be immediately notified in writing of any such suspension of the Work and such notice shall state in detail the reasons for the suspension. The presence of the inspector or other designee shall in no way lessen the responsibility of the Contractor.

E. Contractor's Supervision

1. Prosecution of Work: The Contractor shall give the Work the constant attention necessary to assure the scheduled progress and it shall cooperate fully with the Design

Professional/Engineer/Project Manager and with other Contractors at Work in the vicinity.

2. Contractor's Superintendent:

a. The Contractor shall at all times have on the Work as his agent, a competent superintendent capable of thoroughly interpreting the plans and specifications and thoroughly experienced in the type of Work being performed, who shall receive the instructions from the Design Professional/Engineer/Project Manager or his/her authorized representatives. The superintendent shall have full authority to execute the orders or directions of the Design Professional/Engineer/Project Manager and to supply promptly any materials, tools, equipment, labor and incidentals which may be required.

Such superintendence shall be furnished regardless of the amount of Work sublet.

b. The Contractor's superintendent shall speak and understand English, and at least one responsible person who speaks and understands English shall be on the Project during all working hours.

c. The Contractor’s Superintendent and agent are synonymous with regards to this section and shall be an employee or contract employee of the prime contractor. A sub-contractor shall not serve as an agent for the prime contractor.

3. Supervision for Emergencies: The Contractor shall have a responsible person available at or reasonably near the work site on a 24 hour basis, 7 days a week, in order that he/she may be contacted in emergencies and in cases where immediate action must be taken to maintain traffic or to handle any other problem that might arise. The Contractor's responsible person for supervision for emergencies shall speak and understand English. The

Contractor shall submit, by certified mail, phone numbers and names of personnel designated to be contacted in cases of emergencies along with a description of the Project location to the Florida Highway Patrol and all other local law enforcement agencies.

4. Worksite Traffic Supervisor: (When the work involves road construction/reconstruction or changes affect normal traffic patterns)

a. The Contractor shall have a Worksite Traffic Supervisor who will be responsible for initiating, installing and maintaining all traffic control devices as described in Section 102 of the Florida Department of Transportation Standard Specifications for Road and Bridge

Construction, and in the plans. The Worksite Traffic Supervisor shall have at least one year of experience directly related to worksite traffic control in a supervisory or responsible capacity and shall be certified by the American Traffic Safety Services

Association Worksite Traffic Supervisor Certification Program or an equal approved by the Florida Department of Transportation. Approved alternate Worksite Traffic

Supervisors may be used when necessary.

b. The Worksite Traffic Supervisor shall be available on a 24 hour per day basis and shall review the Project on a day to day basis as well as being involved in all changes to traffic control. The Worksite Traffic Supervisor shall have access to all equipment and materials needed to maintain traffic control and handle traffic related situations. The Worksite

Traffic Supervisor shall ensure that routine deficiencies are corrected within a 24-hour period.

c. The Worksite Traffic Supervisor shall be available on the site within 45 minutes after notification of an emergency situation, prepared to positively respond to repair the

Work zone traffic control or to provide alternate traffic arrangements.

d. Failure of the Worksite Traffic Supervisor to comply with the provisions of the Sub-article may be grounds for decertification or removal from the Project or both. Failure to maintain a designated Worksite Traffic Supervisor or failure to comply with these provisions will result in temporary suspension of all activities except traffic and erosion control and such other activities deemed to be necessary for Project maintenance.

F. General Inspection Requirements

1. Cooperation by the Contractor: No Work shall be done nor materials used, without suitable supervision or inspection by the Design Professional/Engineer/Project Manager or his/her representative, and the Contractor shall furnish the Design Professional/Engineer/Project

Manager with every reasonable facility for ascertaining whether the Work performed and materials used are in accordance with the requirements and intent of the Plans and

Specifications. If the Design Professional/Engineer/Project Manager so requests, the

Contractor shall, at any time before final acceptance of the Work, remove or uncover such portions of the finished Work as may be directed. After examination, the Contractor shall restore the uncovered portions of the Work to the standard required by the Specifications.

Should the Work so exposed or examined prove unacceptable, the uncover or removal, and the replacing of the covering or making good of the parts removed, shall be at the

Contractor's expense. However, should the Work thus exposed or examined prove acceptable, the uncovering or removing, and the replacing of the covering or making good of the parts removed, shall be paid for as Unforeseeable Work.

2. Failure of the Design Professional/Engineer/Project Manager to Reject Work During

Construction: If, during or prior to construction operations, the Design

Professional/Engineer/Project Manager should fail to reject defective Work or materials, whether from lack of discovery of such defect or for any other reason, such initial failure to reject shall in no way prevent his/her later rejection when such defect is discovered, or obligate the County to final acceptance, and the Contractor shall make no claim for losses suffered due to any necessary removals or repairs of such defects.

3. Failure to Remove and Renew Defective Materials and Work:

a. Should the Contractor fail or refuse to remove and renew any defective materials used or Work performed, or to make any necessary corrections in an acceptable manner and in accordance with the requirements of the specifications, within the time indicated in writing, the Design Professional/Engineer/Project Manager shall have the authority to cause the unacceptable or defective materials or Work to be repaired, removed and renewed, as may be necessary; all at the Contractor's expense.

b. Any expense incurred by the County in making these repairs, removals, or renewals, which the Contractor has failed or refused to make, shall be paid for out of any moneys due or which may become due the Contractor, or may be charged against the

Performance Bond. Continued failure or refusal on the part of the Contractor to make any or all necessary repairs promptly, fully and in an acceptable manner shall be sufficient cause for the County, at its option, to perform the Work with its own organization, or to contract with any other individual, firm or corporation to perform the Work. All costs and expenses incurred thereby shall be charged against the defaulting Contractor and the amount thereof deducted from any moneys due or which may become due him, or shall be charged against the applicable bond. Any Work performed subsequent to forfeiture of the Agreement, as described in this Paragraph, shall not relieve the Contractor in any way of its responsibility for the Work performed by it.

4. Inspection by the Federal Government: When the Work involves the Federal Government it is to pay a portion of the cost of construction the construction Work will be subject to inspection by its representatives as they may deem necessary, but such inspection will in no case make the Federal Government a party to Agreement.

3.22. CONTRACT TIME AND TIME EXTENSIONS

A. Unless otherwise provided, Agreement Time shall mean the number of consecutive calendar days from the commencement date noted in the Notice to Proceed to the date on which all

Work is to be completed. The Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material suppliers, as well as coordinate its Work with the Work of other contractors so that his Work or the Work of others shall not be delayed or impaired by any act or omission of any act by a Contractor. The

Contractor shall coordinate and schedule the Work to allow, without delays to the Contract, for any sampling and testing activities deemed necessary by the Design

Professional/Engineer/Project Manager. The Contractor shall be solely responsible for all construction means methods, techniques, sequences and procedures, as well as coordination of all portions of the Work under the Contract Documents.

B. Should the Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of the Contractor, and not due to his fault or neglect, including but not restricted to acts of God or the public enemy, acts of government, fires, floods, discovery of pre-existing hazardous materials, utility conflicts, epidemics, quarantine regulations, strikes or lockouts, the Contractor shall notify the Design

Professional/Engineer/Project Manager in writing within 2 regular Work days after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which the Contractor may have had to request the time extension. It is the contractor’s responsibility to safely and appropriately secure the worksite prior to the approach of unfavorable weather conditions such as the onset of a tropical storm, hurricane, or similar event.

C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatsoever, including those for which the County may be responsible, in whole or in part, shall relieve the Contractor of his duty to perform or give rise to any right to damages or additional compensation from the County. It being expressly acknowledged and agreed by the parties hereto that the Contractor shall receive no damages for delay. The Contractor's sole remedy, if any, against the County shall be the right to seek an extension to the Contract Time. Such extensions of time will not be granted for delays caused by unfavorable weather, ground conditions related to the weather, inadequate construction force or for the failure of the Contractor to timely order equipment or materials.

D. If the Contractor complies with the 2 regular workdays notice requirement, the Design

Professional/Engineer/Project Manager shall ascertain the facts and the extent of the delay being claimed and recommend to the Board an extension to the Contract Time when, in the

Design Professional/Engineer/Project Manager’s sole judgment, the findings of fact justify such an extension, and the Design Professional/Engineer/Project Managers finding of fact shall be final and conclusive on the parties. The Contractor shall cooperate with the Design

Professional/Engineer/Project Manager’s investigation of the delays by providing any schedules, correspondence or other data that may be required to complete the findings of fact. Extensions of the Contract Time must be authorized by Change Order approved by the board.

3.23. PROSECUTION OF WORK ON SATURDAYS, SUNDAYS AND RECOGNIZED

HOLIDAYS

A. All Work must be done during Regular Workday hours (7:00 AM to 7:00 PM) Monday through

Friday. The County may require alternative Work hours due to specific individual Project conditions when necessary. Work will not be done beyond hours specified herein or on

Saturdays, Sundays or holidays unless authorized in advance by the Design

Professional/Engineer/Project Manager to meet special requirements. Contractor must comply with the County noise ordinance.

B. Work will not be permitted on Saturdays, Sundays and recognized Holidays unless permission to

Work has been requested in writing by the Contractor and approval, in writing, has been granted by the Design Professional/Engineer/Project Manager. Request for permission to Work must be received by the Design Professional/Engineer/Project Manager no less than 24 hours prior to the regular Workday.

C. No Work will be permitted on:

1. New Year’s Day

2. Independence Day

3. Thanksgiving Day

4. Christmas Day

D. When approval is granted in accordance with the provisions stated above, Work will be allowed on:

1. Martin Luther King, Jr. Day

2. Memorial Day

3. Juneteenth

4. Labor Day

5. Veterans Day

6. Friday after Thanksgiving Day

7. If Christmas or New Year's Day shall fall on Tuesday or Thursday, the preceding Monday or the following Friday shall be recognized as a holiday also. If any recognized holiday shall fall on a Saturday, the preceding Friday shall be observed as a holiday. If any recognized holiday shall fall on a Sunday, the following Monday shall be observed as a holiday.

3.24. WEEKEND/HOLIDAY RATE

A. The Contractor shall pay to the County, as reimbursement of costs incurred by the County, the sum of $160(Sat & Sun) per man hour for each Saturday and Sunday, and $160per man hour for each holiday, on which the Contractor works.

B. Payment to the County of such sums as may become payable under the provisions of this paragraph shall be made by identifying the said sums as a credit item on the Contractor’s pay estimate for the period during which the liability for the sums occurred. The credit item shall show the total number of days applicable, times the corresponding per day or per hour cost.

3.25. LIQUIDATED DAMAGES

A. The County and the Contractor recognize that, since time is of the essence for this Agreement, the County will suffer financial loss if the Work is not completed within the time specified.

B. The County shall be entitled to assess, as liquidated damages, but not as a penalty, $1,500 for each Calendar Day after the Contract Time. The Project shall be deemed to be completed on the date the Work is deemed complete to the satisfaction of the Design

Professional/Engineer/Project Manager. The Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above-noted liquidated damages as a penalty. The parties agree that the liquidated damages sum represents a fair and reasonable estimate of the County's actual damages at the time of contracting if the Contractor fails to complete the Work in a timely manner.

3.26. PINELLAS COUNTY’S COMMITMENT TO SAFETY

A. All work shall be completed in a safe manner and consideration for cost of any equipment needed to perform contract in a safe manner, including personal protection equipment, shall be included in the contract bid.

B. If County discovers an unsafe act or condition in contractor’s performance under this contract, County shall inform Design Professional/Engineer/Project Manager of unsafe act or condition. If unsafe act or condition poses the threat of imminent danger, Design

Professional/Engineer/Project Manager shall be authorized to stop work until unsafe act or condition is remedied. No time extension shall be allowed. If remedy causes contractor to fail to meet the time specified, County shall be entitled to liquidated damages. If unsafe act or condition does not pose the threat of imminent danger, Design Professional/Engineer/Project

Manager shall be authorized to require contractor to remedy the unsafe act or unsafe condition as soon as possible, but in no event later than 3 days from date of notice. No time extension shall be allowed. If remedy causes contractor to fail to meet the time specified, County shall be entitled to liquidated damages as outlined in Liquidated Damages.

3.27. CHANGES IN THE WORK

A. Without invalidating the Agreement, the Design Professional/Engineer/Project Manager may at any time, by written order, direct extra Work within the general scope or alter the Work by addition or deduction of items that do not alter the scope of the Work. Such changes may be affected by Field Order or by other written order. Such changes shall be binding on the

Contractor. No officer, employee, or agent of the County is authorized to direct any extra or change Work orally.

B. If changes to the Scope of the Work are required or if the Contract time or the total Contract

Amount is increased by the additional Work, a Change Order approved by the Board will be required.

C. The value of such extra Work or change shall be determined by schedule of values if applicable unit values are set forth in the Agreement. The amount of the change shall be computed from such values and added to or deducted from the Agreement Amount. If the applicable unit values are not in the Contract, the value of such extra Work or change shall be determined by negotiation.

D. Should a Change Order be required, and the County and the Contractor are unable to agree on the requested change, the Contractor shall, nevertheless, promptly perform the change as directed in writing by the Design Professional/Engineer/Project Manager. If the Contractor disagrees with the Design Professional/Engineer/Project Manager's adjustment determination, the Contractor must make a claim pursuant to the Claims and Dispute Section herein, or else be deemed to have waived any claim on this matter it might otherwise have had.

E. For new Work not covered by schedule of values, the amount of an increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum 10% markup for all overhead and profit. In the event such change Work is performed by a subcontractor, a maximum 10% markup for all overhead and profit for all subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum 5% markup thereon by the Contractor for all of its overhead and profit, for a total overall maximum markup of 15% of the amount of change Work. Sales and use taxes are not subject to the markup allowance. Material provided by the Contractor, for use by the Subcontractor, is only allowed the 10% markup by the Contractor. All compensation due the Contractor and any

Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above.

F. In an emergency endangering life or property, or as expressly set forth herein, the Design

Professional/Engineer/Project Manager has the authority to order the necessary Work in writing. The County shall not be liable to the Contractor for any increased compensation without such written order. The payment authorized by a written order shall represent full and complete compensation to the Contractor for labor, materials, incidental expenses, overhead, profit, impact costs, and time associated with the Work authorized by such written order.

G. Execution by the Contractor of a properly authorized Change Order (see Appendix Sample

Change Order) shall be considered a waiver of all claims or requests for additional time or compensation for any activities prior to the time of execution related to items included in the

Change Order.

3.28. CLAIMS AND DISPUTES

A. A Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between the County and the Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a claim shall rest with the party making the Claim.

B. Claims by the Contractor shall be made in writing to the Design Professional/Engineer/Project

Manager within two (2) regular Workdays after the commencement of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the claim. Written supporting data shall be submitted to the Design Professional/Engineer/Project Manager within 15 calendar days after the occurrence of the event, unless the County grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with provisions of the section in this document entitled Changes in the Work.

C. The Contractor shall proceed diligently with its performance as directed by the County, regardless of any pending Claim, action, suit, or administrative proceeding, unless otherwise agreed to by the County in writing. The County shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim.

3.29. MEASUREMENT AND PAYMENT

A. All Work completed under the terms of this Agreement shall be measured according to United

States Standard Measures.

B. All measurements shall be taken horizontally or vertically, unless specifically provided otherwise.

C. In the measurement of items to be paid for on the basis of area of finished Work, when the pay quantity is designated to be determined by calculation, the lengths and/or widths to be used in the calculations shall be the station-to-station dimensions shown on the Plans, the station-to-station dimensions actually constructed within the limits designated by the Design

Professional/Engineer/P…