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Home My WebLink About10/08/2013AP PROCLAMATION .SIS HONORING THE RECIPIENT OF THE 2013 DAN K. RICHARDSON AWARD MR. JEFFREY L. SUSI WHEREAS, the Dan K. Richardson Humanitarian Award was established to identify and publicly recognize those citizens who actively pursue opportunities to improve the quality of life for all who live and work in Indian River County; and WHEREAS, this year, the eighth Annual Dan K. Richardson Humanitarian Award is being presented to Mr. Jeffrey L. Susi for his commitment to Indian River Medical Center and to improving the health and well-being of the community that has directly benefited the residents of Indian River County; and WHEREAS, Mr. Jeffrey L. Susi's leadership, since joining IRMC in 1998, has been the driving force behind the transformation of Indian River Medical Center from a good community hospital to an outstanding, top-quality medical center affiliated with Duke Medicine for heart and cancer care; and WHEREAS, since 2005, under Mr. Jeffrey L. Susi's direction, IRMC, the largest private sector company in Indian River County, has completed a $105-million master facility plan including a state-of-the-art emergency room, a heart center consistently rated as one of the top cardiac surgery programs in America, a surgical intensive care unit and recovery room, and a patient pavilion; and WHEREAS, in addition to his professional contributions, Mr. Jeffrey L. Susi's volunteer involvement over the years has included serving as Healthcare Division Chair for United Way of Indian River County, being a board member for the Florida Hospital Association and the American Red Cross, and being involved with the Mental Health Association Collaboration; and WHEREAS, Jeffrey L. Susi presently serves on the board of directors for The Moorings Club, the Florida State University College of Medicine Community Board and is an affiliate faculty member of Xavier University; and WHEREAS, Mr. Jeffrey L. Susi's vision for the future continues to expand high quality health care services to meet the needs of the community, such as a Health and Wellness Center and an enhanced comprehensive cancer program for the residents of Indian River County. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, that Mr. Jeffrey L. Susi, recipient of the Dan K. Richardson Humanitarian Award, be honored and Iemulated for his exemplary contributions to our community. Duly adopted this 8th day of October, 2013 BOARD OF COUNTY COMMISSIONERS i INDIAN RIVER COUNTY, FLORIDA Flescher, Chairman ER We ley S. Davis. Vice Chairman Peter D. O'Bryan 7;2t FLpR� Bob Solari Tim rc I PROCLAMATION 5(� RECOGNIZING NATIONAL LONG-TERM CARE RESIDENTS' RIGHTS MONTH WHEREAS, there are more than 1.5 million individuals living in 16,000 nursing homes and 1 million individuals living in 50,000 board and care/assisted living facilities in the United States, with over 4,000 facilities and 170,000 residents in Florida; and WHEREAS, the Federal Nursing Home Reform Act of 1987 guarantees residents their individual rights in order to promote and maintain their dignity and autonomy; and WHEREAS, all residents should be aware of their rights so they may be empowered to live safely and healthfully with dignity and self-determination, and WHEREAS, we wish to honor and celebrate these citizens, to recognize their rich individuality, including the right to have a say in their care; and WHEREAS, individuals and groups across the country will be celebrating Residents' Rights Month, to emphasize the importance of affirming these rights through facility practices, public policy, and resident-centered decision-making. NOW THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, that the Board recognizes the month of October, 2013 as NATIONAL LONG-TERM CARE RESIDENTS' RIGHTS MONTH, in the state of Florida, and encourage all citizens to join in these important observances. Adopted this 8th day of October, 2013. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA �E C, o ph . Flesche , Chairman Q •-C Wes ey . Davis, Vice Chairman * Peter D. O'Bryan :�LORTp Bob Solari Tim 7S5r 2 When a Nursing Home Discharges a Resident Federal law prevents nursing homes from discharging (removing) or transferring (moving to another facility) a resident except for the following reasons: Nursing • The resident's welfare cannot be met at thefacility. aci ity. • The resident's health has improved sufficiently so the Home resident no longer needs the services provided by the facility. Residents' • The health or safety of individuals is endangered. • The resident has failed, after reasonable and appropriate Rights notice, to pay or have paid under Medicare or Medicaid for residence at the facility. • The facility closes. A nursing home must give residents 30 days written notice prior to A Summary Provided by discharge or transfer. A resident who thinks the above rights have been violated must request a hearing in writing within 90 days by Florida's Long-Term Care sending the form given to them by the facility to: Office of Appeals ,. BUDSMAIN PROGRAM Hearings, 1317 Winewood Boulevard, Building 5, Room 203, Our 2 cents is no small change Tallahassee, FL 32399-0700. (Telephone: 1-850-488-1429) Requesting a hearing within 10 days stops the removal of the resident until the hearing process is completed. If you have concerns about the quality of care you are receiving in a long-term care facility, contact us toll-free at 1-888-831-0404 or A resident may request assistance from the Long-Term Care visit us online at http://ombudsman.myflorida.com. Ombudsman Program by calling toll-free 1-888-831-0404. All services are confidential and provided at no charge. Distributed courtesy of Florida's Long-Term Care Ombudsman Program, administered by the Florida Department of Elder Affairs. `U Nursing Home Residents' Rights Section 400.022, Florida Statutes Nursing home facilities shall adopt and make public a statement of the rights and responsibilities of the residents and shall treat such residents in accordance with the provisions of that statement. Each resident shall have the right to: Civil and religious liberties. Privacy in treatment and in caring for personal needs. Private and uncensored communication. Be informed of medical condition and proposed treatment and be allowed participation in planning. Visitation by any individual providing health, social, legal, or other services and the right to deny or withdraw consent at any time. Be treated courteously, fairly, and with the fullest measure of dignity. Present grievances and recommend changes in policies and Be free from mental and physical abuse, corporal punishment, services free from restraint, interference, coercion, extended involuntary seclusion, and from physical and chemical discrimination, or reprisal. Includes the right to have access restraints except those ordered by resident's physician. to the ombudsmen and other advocacy groups. Be transferred or discharged only for medical reasons, the welfare Organize and participate in resident groups. of other residents or nonpayment of a bill. Participate in social, religious, and community activities that Receive a thirty (30) day written notice of discharge or relocation, do not interfere with the rights of others. and challenge such notice. Examine results of recent facility inspections by federal and Choose physician and pharmacy. state agencies including the plan of correction if applicable. Manage his/her own financial affairs. A quarterly accounting Retain and use personal clothing and possessions. will be furnished to resident or legal representative. Have copies of rules and regulations of the facility. Be fully informed, in writing and orally, of services available at Notification prior to room change. the facility and of related charges for such services. Refuse medication and treatment and to know the consequences. Information concerning bed-hold policy for hospitalization. Receive adequate and appropriate ppropriate health care, protective and -� support services within established and recognized standards. WHAT KINDS OF A COMPLAINTS CAN BE TM, .a INVESTIGATED? Complaints may be made about persons or institutions that are in a position to threaten or interfere with the rights, health, safety WHAT DO and/or welfare of one or more long-term care HOW DO I FILE A OMBUDSMEN DO? facility residents. We regularly investigate complaints ranging from issues of medication COMPLAINT? An ombudsman is a specially trained administration and billing to basic matters of You may file a complaint in writing, and certified volunteer who has dignity and respect. by phone,online or in person. When authority under Florida law to identify, you contact the office,we will obtain investigate and resolve complaints made by,or on behalf of, long-term WHAT ARE RESIDENTS' the details of your concerns and, } care facility residents. Our priority is RIGHTS? if appropriate,assign a case to a volunteer ombudsman within five to protect the rights of long-term care working days for further investigation. residents and ensure that residents When individuals enter long-term care 8 Y g facilities,they keep all their rights as citizens After thoroughly investigating your 4 receive fair treatment and appropriate concerns,we will take appropriate care by: and gain a special set of residents'rights as Y set forth in federal and state law. Facilities action to resolve the problem. • Identifying, investigating, and must post a copy of these rights in an area resolving complaints that is easily accessible to residents, and they • Ensuring residents are receiving legal, must also provide a copy to each resident DO I HAVE TO GIVE financial, social and rehabilitative services upon admission. If you are told a copy is not My NAME? to which they are entitled available, call your local ombudsman council at 1-888-831-0404. No; however, it is better if the • Educating residents,families and staff program may contact you for more about residents'rights information as needed. The names of • Providing public information about the resident and the person making long-term care facilities the complaint and all relevant details y* will be kept confidential unless the • Helping to establish resident and complainant or resident gives the family councils program permission to disclose the • Working to change laws, regulations information. and policies affecting residents x n . Our WHAT IS THE — LONG—TERM CARE OMBUDSAN CONTACT US TODAY. raT WO 1��t ' PROGRAM? toll-free • Call r We are a group of concerned local citizens 1-888-831-0404 working to improve the quality of life and x ,}. f, care for people who live in licensed long-term Or visit , care facilities such as nursing homes, assisted http://ombudsman.myflorida.com k Y* living facilities and adult family care homes online. throughout Florida. Florida's Long-Term Care MBUDSMAN PROGRAM j Florida's Long-Term Care Our 2cents isnosnlallchange MBUDSMAN PROGRAM w Our 2 cents is no small change WHO CAN USE THE PROGRAM'S — SERVICES? • Residents of long-term care facilities CONCERNED ABOUT • Relatives and friends of residents YOUR QUALITY OF LIFE? • Concerned facility administrators and WE CAN HELP. employees An ombudsman is someone who cares and • Any person or group concerned about wants to help. If you have questions or residents'treatment concerns about the care you are receiving in ELDER a long-term care setting, please contact the FAIRS ' Long-Term Care Ombudsman Program. Your STATE OF FLORIDA information will be kept confidential,and the program's services are provided at no cost. N c Y A JEFFREY R. SMITH Clerk of Circuit Court and Comptroller 1801 27T" Street ORIDP' Vero Beach, Florida 32961 -1028 Telephone (772) 226-1945 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: September 19, 2013 SUBJECT: APPROVAL OF WARRANTS September 13, 2013 to September 19, 2013 FROM: DIANE BERNARDO - FINANCE DIRECTOR In compliance with Chapter 136.06, Florida Statutes,all warrants (checks and electronic payments) issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached list of warrants, issued by the Comptroller's office, for the time period of September 13, 2013 to September 19, 2013. Attachment: DB: NIS 3 CHECKS WRITTEN CHECK NBR CK DATE VENDOR AMOUNT 302965 9/19/2013 PORTCONSOLIDATED INC 1,975.21 302966 9/19/2013 JORDAN MOWER INC 511.53 302967 9/19/2013 TEN-8 FIRE EQUIPMENT INC 15,029.57 302968 9/19/2013 FISI IER SCIENTIFIC COMPANY LLC 111.26 302969 9/19/2013 VERO CHEMICAL DISTRIBUTORS INC 418.80 302970 9/19/2013 C013YCOINC 18197 302971 9/19/2013 RICOI I USA INC 198.06 302972 9/19/2013 Cl IISIIOLM CORP OI'VITRO 5,094.63 302973 9/19/2013 VELDE FORD INC 36.88 302974 9/19/2013 RUSSELL CONCRETE INC 777.00 302975 9/19/2013 AT&T WIRELESS 77.32 302976 9/19/2013 SEWELL I IARDWARE CO INC 23.03 302977 9/19/2013 DELTA SUPPLY CO 78.03 302978 9/19/2013 E-Z BREW COFFEE& BOTTLE WATER SVC 21.46 302979 9/19/2013 KELLY TRACTOR CO 84.00 302980 9/19/2013 AMERIGAS EAGLE PROPANE LP 120.00 302981 9/19/2013 AMERIGAS EAGLE PROPANE LP 2,243.37 302982 9/19/2013 DAILY COURIER SERVICE 66.00 302983 9/19/2013 INDIAN RIVER MEDICAL CENTER 4,092.04 302984 9/19/2013 PATTERSON POPE INC 140.72 302985 9/19/2013 RELIABLE SEPTIC AND SERVICE 45.00 302986 9/19/2013 HD SUPPLY WATERWORKS, LTD 1,815.20 302987 9/19/2013 PETES CONCRETE 600.00 302988 9/19/2013 EGP INC 926.00 302989 9/19/2013 VERO INDUSTRIAL SUPPLY INC 134.79 302990 9/19/2013 BRODART COMPANY 115.00 302991 9/19/2013 1AMAR TECHNOLOGIES INC 98.55 302992 9/19/2013 EXPRESS REEL GRINDING INC 2,500.00 a 302993 9/19/2013 CENTER POINT INC 262.10 302994 9/19/2013 MORNING STAR PERSONILIZED APPAREL INC 294.00 302995 9/19/2013 BARTH CONSTRUCTION INC 136,338.25 302996 9/19/2013 CARTER ASSOCIATES INC 189.57 302997 9/19/2013 R&G SOD FARMS 180.00 302998 9/19/2013 XEROX CORP SUPPLIES 233.46 302999 9/19/2013 GENERAL PART INC 3,548.12 303000 9/19/2013 GOODYEAR AUTO SERVICE CENTER 49.00 303001 9/19/2013 BAKER&TAYLOR INC 4,280.78 303002 9/19/2013 GROVE WELDERS INC 278.49 303003 9/19/2013 BRANDTS APPLIANCE SERVICE INC 84.00 303004 9/19/2013 MIDWEST TAPE LLC 587.91 303005 9/19/2013 LOWES CO INC 648.72 303006 9/19/2013 PRECISION CONTRACTING SERVICES INC 1,434.00 303007 9/19/2013 MICROMARKETING LLC 420.81 303008 9/19/2013 K&M ELECTRIC SUPPLY 48.93 303009 9/19/2013 CENGAGE LEARNING CORPORATION 372.60 303010 9/19/2013 RELIABLE POLY JOHN 90.69 303011 9/19/2013 RIVER PARK ASSOCIATES 1,345.00 303012 9/19/2013 ST FRANCIS MANOR OF VERO BEACH 335.00 303013 9/19/2013 TINDALE-OLIVER&ASSOCIATES INC 19,745.88 303014 9/19/2013 PST SERVICES INC 29,488.34 303015 9/19/2013 PARKS AND SON INC 7,678.08 303016 9/19/2013 CLERK OF CIRCUIT COURT 2,692.15 303017 9/19/2013 INDIAN RIVER COUNTY HEALTH DEPT 365.00 303018 9/19/2013 CITY OF VERO BEACH 34,608.04 303019 9/19/2013 CITY OF VERO BEACH 141.00 303020 9/19/2013 AMERICAN FAMILY LIFE ASSURANCE CO 21,673.15 303021 9/19/2013 AERC,COM INC 3,641.45 303022 9/19/2013 INDIAN RIVER ALL FAB INC 194.84 1 4 CIIECK NRR CK DATE VENDOR AMOUNT 303023 9/19/2013 UNITED PARCEL SERVICE INC 24.69 303024 9/19/2013 PETTY CASH 8.50 303025 9/19/2013 INDIAN RIVER COUNTY SHERIFF 30.00 303026 9/19/2013 JANITORIAL DEPOT OF AMERICA INC 703.44 303027 9/19/2013 TREASURE COAST HOMELESS SERVICES 5,396.69 303028 9/19/2013 HENRY FISCHER&SONS INC 580.00 303029 9/19/2013 PUBLIX SUPERMARKETS 80.95 303030 9/19/2013 WAL MART STORES EAST LP 134.18 303031 9/19/2013 ACUSHNET COMPANY 42.20 303032 9/19/2013 INTERNATIONAL GOLF MAINTENANCE INC 12,192.22 303033 9/19/2013 AQUAGENIX 75.00 303034 9/19/2013 NYE LTD 840.00 303035 9/19/2013 DUMONT COMPANY INC 954.50 303036 9/19/2013 INDIAN RIVER IIABITAT 3,513.09 303037 9/19/2013 FEDERAL EXPRESS 37.05 303038 9/19/2013 FEDERAL EXPRESS 115.18 303039 9/19/2013 DUNKELBERGER ENGINEERING&TESTING 4,989.00 303040 9/19/2013 CALLAWAY GOLF SALES COMPANY 631.83 303041 9/19/2013 FLORIDA POWER AND LIGIIT 6.00 303042 9/19/2013 FLORIDA POWER AND LIGHT 7,849.31 303043 9/19/2013 MIKE CLIFFORD 600.00 303044 9/19/2013 THOMAS S LOWTHER FUNERAL HOME 425.00 303045 9/19/2013 PHILLIP J MATSON 45.18 303046 9/19/2013 STATE ATTORNEY 1,764.01 303047 9/19/2013 PEACE RIVER ELECTRIC COOP INC 397.00 303048 9/19/2013 KENNETH CAMPBELL SENIOR 165.00 303049 9/19/2013 LANGUAGE LINE SERVICES INC 250.73 303050 9/19/2013 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 5,000.00 303051 9/19/2013 GERALD A YOUNG SR 90.00 303052 9/19/2013 HENRY SMITH 126.00 303053 9/19/2013 KURT STEFFEN 30.00 303054 9/19/2013 ALAN C KAUFFMANN 40.00 303055 9/19/2013 DALE JUSTICE 183.00 303056 9/19/2013 ADVANCED XEROGRAPHICS IMAGING 16,899.48 303057 9/19/2013 LINDSEY MATHENY 40.00 303058 9/19/2013 NORTHERN TOOL&EQUIPMENT CO 1,499.99 303059 9/19/2013 INDIAN RIVER COUNTY BAR ASSOCIATION INC 100.00 303060 9/19/2013 ECONOLITE CONTROL PRODUCTS INC 217.00 303061 9/19/2013 ARCADIS U S INC 1,776.48 303062 9/19/2013 THE PALMS AT VERO BEACH 1,414.00 303063 9/19/2013 RUSSELL PAYNE INC 312.27 303064 9/19/2013 CELICO PARTNERSHIP 688.95 303065 9/19/2013 CINTAS CORPORATION NO 2 318.08 303066 9/19/2013 VAN WAL INC 134.00 303067 9/19/2013 MUTUAL OF OMAHA 6,232.16 303068 9/19/2013 JOSEPH W VASQUEZ 100.00 303069 9/19/2013 COMPLETE CLEANING SERVICE 1,593.75 303070 9/19/2013 BIG BROTHERS AND BIG SISTERS 1,875.00 303071 9/19/2013 RANDOM HOUSE INC 237.00 303072 9/19/2013 CHRISTINE KELLY-BEGAZO 374.96 303073 9/19/2013 OCLC ONLINE COMPUTER LIBRARY CENTER 386.08 303074 9/19/2013 PAK MAIL CENTER 263.82 303075 9/19/2013 CENTRAL PUMP&SUPPLY INC 158.58 303076 9/19/2013 GARY L EMBREY 60.00 303077 9/19/2013 LARRY STEPHENS 96.00 303078 9/19/2013 JOHN DEERE LANDSCAPES 169.96 303079 9/19/2013 JOSE RIVERA 80.00 303080 9/19/2013 TREASURE COAST CONSTR.MGMT LC 26,484.00 303081 9/19/2013 METRO FIRE PROTECTION SERVICES INC 556.50 303082 9/19/2013 KELLY J TURNER JR 120.00 2 5 CHECK NBR CK DATE VENDOR AMOUNT 303083 9/19/2013 KENNY CAMPBF.I.L JR 120.00 303084 9/19/2013 PETER OBRYAN 15.59 303085 9/19/2013 PAK MAIL 60.40 303086 9/19/2013 111BU INC 237.00 303087 9/19/2013 RACI IELL CI IAPMAN 50.00 303088 9/19/2013 BRIAN WYKOFF 100.00 303089 9/19/2013 JOIINN Y B SMITH 146.00 303090 9/19/2013 GERMAINL;JOI INSON 30.00 303091 9/19/2013 MUNICIPAL WATER WORKS INC 4,043.47 303092 9/19/2013 DANE MACDONALD 118.00 303093 9/19/2013 GLOBALSTAR USA 142.44 303094 9/19/2013 Cl IARLES A WALKER 120.00 303095 9/19/2013 FISHER& PIIILLIPS LLP 3,629.20 303096 9/19/2013 AMBER&JEFFREY MANN 50.00 303097 9/19/2013 CEMEX 12311 303098 9/19/2013 BRIAN FREEMAN 27.03 303099 9/19/2013 ROBERT DEMERS 50.00 303100 9/19/2013 SUNSHINE FURNITURE 500.00 303101 9/19/2013 DANIEL IOFFREDO 60.00 303102 9/19/2013 BENNETT AUTO SUPPLY INC 220.58 303103 9/19/2013 RENAE CIIANDLER 60.00 303104 9/19/2013 TREASURE COAST FOOD BANK INC 246.74 303105 9/19/2013 STANDARD LIFE INSURANCE 7,372.10 303106 9/19/2013 STANDARD LIFE INSURANCE OPT 9,464.30 303107 9/19/2013 K'S COMMERCIAL CLEANING 1,750.00 303108 9/19/2013 EQ THE ENVIRONMENTAL QUALITY COMPANY 8,630.72 303109 9/19/2013 TRITEL INC 49.50 303110 9/19/2013 SANDY ARACENA 60.00 303111 9/19/2013 BLUESTAR FINANCIAL LLC 3.45 303112 9/19/2013 LARIAT ENTERPRISES INC 263.15 303113 9/19/2013 HELPING ANIMALS LIVE-OVERCOME 12.00 303114 9/19/2013 WITTENBACH BUSINESS SYSTEMS INC 647.44 303115 9/19/2013 INEOS NEW PLANET BIOENERGY LLC 70,379.41 303116 9/19/2013 WOERNER DEVELOPMENT INC 199.50 303117 9/19/2013 RADWELL INTERNATIONAL INC 148.00 303118 9/19/2013 KEMPER BUSINESS SYSTEMS 8.82 303119 9/19/2013 ADVANCED DRAINAGE SYSTEMS INC 1,723.28 303120 9/19/2013 DALE SORENSEN REAL ESTATE 120.03 303121 9/19/2013 STEVEN AABBOND 40.00 303122 9/19/2013 SAFETY SCHELL CORPORATION 83.50 303123 9/19/2013 JOSEPH CATALANO 120.00 303124 9/19/2013 OVERDRIVE INC 1,079.35 303125 9/19/2013 RAYMOND J DUCHEMIN 120.00 303126 9/19/2013 AHS HOLDINGS GROUP LLC 875.00 303127 9/19/2013 STEPHENS PIPE&STEEL LLC 779.39 303128 9/19/2013 MANCILS TRACTOR SERVICE INC 107,180.82 303129 9/19/2013 TIGHT LINE PRODUCTIONS INC 935.00 303130 9/19/2013 SOUTHEASTERN SECURITY CONSULTANTS INC 314.50 303131 9/19/2013 BORRELLI& PARTNERS INC 34,966.30 303132 9/19/2013 HEATHER HATTON 40.00 303133 9/19/2013 MY LICENSED ROOFER LLC 28,000.00 303134 9/19/2013 MP DISTRIBUTING INC 191.60 303135 9/19/2013 GHO SOUTHLAKES CORP 61.47 303136 9/19/2013 GENERAL CHEMICAL PERFORMANCE LLC 1,451.15 303137 9/19/2013 COUNTY MATERIALS CORPORATION 315.60 303138 9/19/2013 CENTRAL FLORIDA GOLF CARS INC 53.19 303139 9/19/2013 R J SULLIVAN CORP 176,798.59 303140 9/19/2013 REPROGRAPHIC SOLUTIONS INC 49.68 303141 9/19/2013 LABOR READY SOUTHEAST INC 3,382.52 303142 9/19/2013 CARDINAL HEALTH 110 INC 90.54 3 6 CHECK NI11R CK DATE. VENDOR AMOUNT 303143 9/19/2013 PPG ARCHITECTURAL FINIS14ES INC 280.00 303144 9/19/2013 AGN SPORTS LLC 150.00 303145 9/19/2013 PROCESS PIPING SPECIAUHES INC 658.40 303146 9/19/2013 MICHAEL SCHLITT SERVICES LLC 14,895.00 303147 9/19/2013 EMERALD AMELIO 50.00 303148 9/19/2013 WILLIAM SHOAF JR 60.00 303149 9/19/2013 JUSTIN DEAN PARKER 60.00 303150 9/19/2013 'TRAINING ABC LLC 445.50 303151 9/19/2013 DENNIS POWELL 34.00 303152 9/19/2013 PAUL COLLINS 5.00 303153 9/19/2013 VIVIAN JOHNSON 23.99 303154 9/19/2013 ARTHUR LEE SANDERS JR 2.44 303155 9/19/2013 KISHA STEVENSON 6.97 303156 9/19/2013 JAMES A FOUTS 10.13 303157 9/19/2013 ELS IETEE 59.07 303158 9/19/2013 (TALO DETTORI 25.02 303159 9/19/2013 HARVEY E&JILL WINL BROWN 66.27 303160 9/19/2013 TAWNY GRENIER 9.20 303161 9/19/2013 ROXANNE SCHROEDER 42.92 303162 9/19/2013 ROBERT RICE 23.98 303163 9/19/2013 HARVEY DE SILVA 72,67 303164 9/19/2013 EDGARDO ALLER 58.29 303165 9/19/2013 JANE KEIHART 43.19 303166 9/19/2013 JAYME WRIGHT 50.70 303167 9/19/2013 AIME OAKES 54.77 303168 9/19/2013 WALTER& DONNA VOORHEES 33.26 303169 9/19/2013 LONNIE BROOKING 3.86 303170 9/19/2013 JACQUELINE SHEARE 15.73 303171 9/19/2013 ARTURO REY KRAFFT 47.88 303172 9/19/2013 LAUREN KAF1N 76.91 303173 9/19/2013 FREDERICK W WISNIEWSKI 62.33 303174 9/19/2013 SUSAN TOLLIVER 25.78 303175 9/19/2013 DONALD HALL 15.77 303176 9/19/2013 GEORGE FORBES 58.91 303177 9/19/2013 CHERYL&SCOTTTHIBAULT 25.44 303178 9/19/2013 JOEY LEE DOBBS 69.02 303179 9/19/2013 JOHN&JULIE BLAIR 56.63 303180 9/19/2013 MARCO OSORIO 57.49 303181 9/19/2013 JOHN JACKSON 25.09 303182 9/19/2013 MELISSA SPRUNGER 9.46 303183 9/19/2013 MATTHEW LONGWORTH 19.42 303184 9/19/2013 SAUL GRACIANI 7296 303185 9/19/2013 NIKOL MARTIN 9.20 303186 9/19/2013 STEVE MILESIC 63.02 303187 9/19/2013 KEITH MC ISAAC 15.26 303188 9/19/2013 AUDREY SMITH 27.01 303189 9/19/2013 DALE STOVALL 27,02 303190 9/19/2013 JERALD&LAURA SMITH 41.75 303191 9/19/2013 HEATHER CHAMBERS 69.02 Grand Total: 904,297.78 4 7 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATF VENDOR AMOUNT 1002437 9/16/2013 PRAXAIR DISTRIBUTION SOUTIIEAST LLC 165.77 1002438 9/16/2013 COMMUNICATIONS IN'1'I-;RNA"I'IONAL 317.50 1002439 9/16/2013 HENRY SCI ZEIN INC 5,851.75 1002440 9/16/2013 INDIAN RIVER OXYGEN INC 3,232.54 1002441 9/16/2013 REPUBLIC SERVICES OF FLORIDA 419.79 1002442 9/16/2013 VERO LAWNMOWER CENTER INC 36.30 1002443 9/16/2013 MIKES GARAGE& WRECKER SERVICE INC 335.00 1002444 9/16/2013 ARAMARK UNIFORM &CAREER APPAREL LLC 767.42 1002445 9/16/2013 COMMUNITY ASP[IALT CORP 546.72 1002446 9/16/2013 APPLE MACHINE&SUPPLY CO 93.00 1002447 9/16/2013 SCRIPPS TREASURE COAST PUBLISHING LLC 1,530.66 1002448 9/16/2013 COMPLETE ELECTRIC INC 155.12 1002449 9/16/2013 MIDWEST MOTOR SU1313LY CO 342.00 1002450 9/16/2013 SOUTHERN JANI'T'OR SUPPLY INC 1,154.23 1002451 9/16/2013 CAPITAL OFFICE PRODUCTS 521.15 1002452 9/16/2013 AUTO PARTNERS LLC 375.63 1002453 9/16/2013 S&S AUTO PARTS 185.43 1002454 9/16/2013 WRIGHT FASTENER COMPANY LLC 159.00 1002455 9/17/2013 PRAXAIR DISTRIBUTION SOIJTHLAST LLC 28.64 1002456 9/17/2013 NORTH SOUTH SUPPLY INC 6.24 1002457 9/17/2013 INDIAN RIVER BATTERY 199.00 1002458 9/17/2013 REPUBLIC SERVICES OF FLORIDA 164.93 1002459 9/17/2013 HILL MANUFACTURING CO INC 1,069.00 1002460 9/17/2013 FERGUSON ENTERPRISES INC 2,000.00 1002461 9/17/2013 S&S AUTO PARTS 117.44 1002462 9/18/2013 LIGHTSOURCE IMAGING SOLUTIONS LLC 127.00 1002463 9/18/2013 INDIAN RIVER BATTERY 451.00 1002464 9/18/2013 REPUBLIC SERVICES OF FLORIDA 73.72 1002465 9/18/2013 ST LUCIE BATTERY&TIRE CO 130.70 1002466 9/18/2013 RECORDED BOOKS LLC 219.40 1002467 9/18/2013 SEBASTIAN OFFICE SUPPLY CO 60.77 1002468 9/18/2013 S&S AUTO PARTS 95.76 1002469 9/18/2013 PIONEER MANUFACTURING 2,520.00 1002470 9/18/2013 AT&T 4,013.59 1002471 9/18/2013 OFFICE DEPOT BSD CUSTOMER SVC 2,118.42 1002472 9/18/2013 WASTE MANAGEMENT INC 66.33 1002473 9/18/2013 WHEELABRATOR RIDGE ENERGY INC 7,428.70 1002474 9/19/2013 EVERGLADES FARM EQUIPMENT CO INC 439.52 1002475 9/19/2013 PRAXAIR DISTRIBUTION SOUTHEAST LLC 372.60 1002476 9/19/2013 COMMUNICATIONS INTERNATIONAL 355.10 1002477 9/19/2013 INDIAN RIVER BATTERY 77.40 1002478 9/19/2013 REPUBLIC SERVICES OF FLORIDA 46.64 1002479 9/19/2013 AMERICAN CONCRETE INDUSTRIES INC 92.00 1002480 9/19/2013 DAVIDSON TITLES INC 1,169.97 1002481 9/19/2013 MIKES GARAGE&WRECKER SERVICE INC 110.00 1002482 9/19/2013 ALLIED UNIVERSAL CORP 8,406.20 1002483 9/19/2013 THE EXPEDITER 30.34 1002484 9/19/2013 ARA MARK UNIFORM&CAREER APPAREL LLC 317.62 1002485 9/19/2013 COMO OIL COMPANY OF FLORIDA 47.30 1002486 9/19/2013 FLORIDA LEVEL&TRANSIT CO INC 6,31000 1002487 9/19/2013 CAPITAL OFFICE PRODUCTS 1,216.56 1002488 9/19/2013 L&L DISTRIBUTORS 324.53 1002489 9/19/2013 S&S AUTO PARTS 131.48 1002491 9/19/2013 REPUBLIC SERVICES OF FLORIDA 89,136.26 1002492 9/19/2013 REPUBLIC SERVICES OF FLORIDA 119,527.45 1002493 9/19/2013 REPUBLIC SERVICES OF FLORIDA 119,527.47 1002494 9/19/2013 REPUBLIC SERVICES OF FLORIDA 89,136.25 Grand Total: 473,854.34 1 8 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NRR DATE VENDOR AMOUNT 2597 9/13/2013 VETERANS COUNCIL OF I R C 8,468.75 2598 9/13/2013 NATIONWIDE SOLUTIONS RETIREMENT 329.81 2599 9/13/2013 1CMA RET CORP 1,910.00 2600 9/13/2013 ICMA RETIREMENT CORPORATION 11,113.19 2601 9/13/2013 NACO/SOUTHEAST 20,786.37 2602 9/13/2013 FLORIDA LEAGUE OF CITIES, INC 5.172.39 2603 9/13/2013 IRC FIRE FIG VITERS ASSOC 6,180.00 2604 9/13/2013 FL SDU 7,052.51 2605 9/13/2013 CDM SMITH INC 3,627.90 2606 9/16/2013 IRS-PAYROLL TAXES 371,384.03 2607 9/16/2013 BENEFITS WORKSHOP 3,323.14 2608 9/18/2013 BANK OF AMERICA 23,956.84 2609 9/19/2013 SCHOOL DISTRICT OF I R COUNTY 91,312.00 Grand Total: 554,616.93 1 9 D JEFFREY R. SMITH Clerk of Circuit Court and Comptroller # �- �OR[�p' 1801 27TH Street Vero Beach, Florida 32961 - 1028 Telephone (772) 226-1945 TO: I IONORABLE BOARD OF COUNTY COMMISSIONERS DATE: September 26, 2013 SUBJECT: APPROVAL OF WARRANTS September 20,2013 to September 26, 2013 FROM: DIANE BERNARDO- FINANCI; DIREC'T'OR In compliance with Chapter 136.06, Florida Statutes,all warrants(checks and electronic payments) issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached list of warrants, issued by the Comptroller's office, for the time period of September 20,2013 to September 26, 2013. Attachment: DB: MS 10 Cl ILCKS WR117EN CIIECK N1114 CK DA'Z'E VENDOR AMOUNT 3113192 9/23/2013 B/C B/S OF FI.ADM FET: 33,066.90 303193 9;23'2013 CORPORXI'I?CARE WORKS 1,092.30 303194 9/33/2013 FLORIDA COMBINED 7,722.98 303195 9/23/2013 FLORIDA COMBINED 13,256.16 303196 9/23/2013 11161IMARK STOP LOSS 10,949.48 303197 9/24/2013 B/C B/S OF FL ADM FEL' 9,290.70 303198 9/24/2013 BLUE'CROSS&BLUE SHIELD of FLORIDA 1,600.12 303199 9/242013 S'T'ANDARD LIFE INSURANCE 715.00 303200 9/24/2013 CORPORATE CARE WORKS 306.90 303201 9/24/2013 MGI(MARK STOP LOSS 3,067.80 303202 9/26/2013 POKI'CONSOLIDATED INC 82,181.75 303203 9/26/2013 JORDAN MOWER INC 537.15 303204 926/2013 LENGEMANN CORP 1,999.05 303205 9/26/2013 Tl?N-8 FIR17 EQUIPMENT INC 966.82 303206 9/26/2013 VERO Cl IEMICAL DISTRIBUTORS INC 4,206.05 303207 9/26/2013 COPYCOINC 16.65 303208 9/26/2013 MF.TALCULVERTS 8,656.93 303209 9/26/2013 RICOH USA INC 150.40 303210 9/26'2013 KIMLEY I TORN&ASSOC INC 1,820.00 303211 9/26/2013 RUSSELL CONCRETE INC 965.00 303212 9/26/2013 AT&T WIRELESS 698.13 303213 9/36/2013 DATA FLOW SYSTEMS INC 3,101.90 303214 9/26/2013 BIO SERVICES INC 315.00 303215 0/26/2013 PARALEE COMPANY INC 400.00 303216 9/26/2013 COLD AIR DISTRIBUTORS WARM IOUSE 219.80 303217 9/26/2013 E-7.BREW COFFEE&BOTTLE WATER SVC 99.89 303218 9/26/2013 KELLY TRACTOR CO 53,667.03 303219 9/26/2013 COCA COLA REFRESHMENTS USA INC 163.20 303220 9/26/2013 AMERIGAS EAGLE PROPANE LP 2,630.16 303221 9/26/2013 HD SUPPLY WATERWORKS,LTD 3,327.08 303222 9/26/2013 EGP INC 163.17 303223 9/26/2013 VERO INDUSTRIAL SUPPLY INC 52.04 303224 9/26/2013 PROFORMA IMAGING 57.75 303225 9/26/2013 EXPRESS REEL GRINDING INC 576.00 303226 9/26/2013 TIRESOLES OF BROWARD INC 4,875.00 303227 9/26/2013 NEWMANS POWER SYSTEMS 457.95 303228 9/26/2013 DELL MARKETING LP 3,292.28 303229 9/26/2013 R&G SOD FARMS 920.00 303230 9/26/2013 GENERAL PART INC 1,953.44 303231 9/26/2013 MIDWEST TAPE LLC 125.93 303232 9/26/2013 MID STATE MECHANICAL OF VERO BEACH INC 340.00 303233 9/26/2013 LOWES CO INC 847.46 303234 9/26/2013 PRECISION CONTRACTING SERVICES INC 15,122 008 303235 9/36/2013 K&M ELECTRIC SUPPLY 303236 9/26/2013 FIRST HOSPITAL LABORATORIES INC 1,185.75 303237 9/26/2013 PALM TRUCK CENTERS INC 392.38 303238 926/2013 LINDSEY GARDENS APARTMENTS 500.00 303239 9/26/2013 CREATIVE CHOICE HOMES XVI LTD 500.00 303240 9/26/2013 CLERK OF CIRCUIT COURT 3,878.20 303241 9262013 ROGER J NICOSIA 1,500.00 303242 92612013 CITY OF VERO BEACH 72,357.70 303243 9/262013 CITY OF VERO BEACH 217.93 303244 926/2013 RUBBER STAMP EXPRESS&MORE INC ,42.92 32 303245 9262013 ILLINOIS STATE DISBURSEMENT UNIT 472.06 303246 9/26/2013 CHAPTER 13 TRUSTEE 303247 9262013 UNITED WAY OF INDIAN RIVER COUNTY 837.94 303248 9/262013 TEAMSTERS LOCAL UNION#769 5 047.50 t„ 303249 926/2013 INDIAN RIVER ALL FAB INC 352.65 11 C1113CK NBR CK DATE VI?ND0l4 AMOUNT 303250 9/26/2013 UNITED I'ARCIL Sl'RVICI- INC 25,15 303251 9/26/2013 INDIAN RIVER COUNTY SI IEltll l' 4940.00 303252 9/26/2013 UNI'T'ED S'I'Afl:?S POSTAL SI IIVICE 17.906.00 303253 9/26/2013 JANI'T'ORIAL.DI POTOFAMI_RICA INC 364.17 303254 9/26/2013 TRFASURE COAST I IOMEL FI SS SI.-:RVIC I.-S 1,347.05 303255 9/26/2013 I II:NRY 1'ISCI-II-R&SONS INC 580.00 303256 9/26/2013 PUBLIX SUPERMARKEITS 14.95 303257 9/26/2013 SAN MARCO IN I'L INC 106.75 303258 9/26/2013 IN'1'I:ItNA'I'IONAI.GOLI-MAIN'I'I'NANCI: INC 83,588.25 303259 9/26/2013 Cl1La'URALCOUNCIL OFIRC 23,213.75 303260 9/26/2013 GEOSYN'I'EC CONS(II:I'AN'I'S INC 3,303.76 303261 9/26/2013 DUMONTCOMPANY INC 1,679.50 303262 9/26/2013 INDIAN RIVER IIABITNI' 13.380.35 303263 9/26/2013 IRC Cl IAMBER 01'COMMERCE 5,912.78 303264 926/2013 WEST PUBL.ISI TING CORPORA'T'ION 97.00 303265 9/26/2013 DUNKELBERGER ENGINEERING&TESTING 6,504.00 303266 9262013 ELIZABETH MARTIN 98.35 303267 9262013 CITY OF SEBASTIAN 21,884.34 303268 9/262013 SPRINTSPEC'T'RUM LP 26.36 303269 9262013 SPRINTSPE'C1'RUM LP 88.87 303270 9262013 SIEMENS INDUSTRY INC 41,355.00 303271 9262013 VF.RO HERITAGE INC 700.00 303272 9262013 CALLAWAY GOLF SALES COMPANY 532.37 303273 9262013 SUBSTANCE AWARENESS COUNCIL OF IRC INC 363.00 303274 9262013 FLORIDA RECRGA'I'ION& PARK ASSOC; INC 160.00 303275 9262013 FLORIDA POWER AND LIGI IT 90,647.49 303276 9262013 FLORIDA POWER AND LIGI11' 412.01 303277 9262013 INDIAN RIVER COUNTY TAX COLLECTOR 16,912.78 303278 9262013 INDIAN RIVER COUNTY TAX COLLE'CT'OR 51.35 303279 9262013 ROBERT KEAT'ING 173.74 303280 9262013 UNITED STATES LIFESAVING ASSOCIA'T'ION 640.00 303281 9/262013 BLUE CROSS& BLUE Sl IIEL.D of FLORIDA 4,354.15 303282 9262013 BLUE CROSS& BLUE SI IIELD off-10RIDA 357.35 303283 9/26/2013 TAYLOR MADE GOLF CO INC 32.98 303284 926/2013 CITY OF FELLSMERI? 12.62 303285 9262013 NEW HORIZONS OF TI IE TREASURE COAST 22,812.83 303286 9/26/2013 KENNETH CAMPBELL SENIOR 140.00 303287 9/262013 GLOBAL GOLF SALES INC 17.25 303288 9262013 HOMI;LL:SS FAMILY CI:N'1'1;R INC 1,894.02 303289 926/2013 UNITED I IEALTH CART: INS COMPANY 540.29 303290 9262013 GERALD A YOUNG SR 45.00 303291 926/2013 GIFFORD COMMUNITY CEN'f1;R 3,461.28 303292 9262013 HENRY SMITH 126.00 303293 9/262013 MISDU MICHIGAN STAI'E' 445.75 303294 9/262013 CIGNA 269.16 303295 9262013 FIRST AMLNDMLN'1'FOUNDATION 75.00 303296 9262013 G K ENVIRONMENTAL INC 3,349.35 303297 9262013 OSCEOLA COUNTY 10,164.72 303298 9262013 FLORIDA DEPT OF FINANCIAL,SERVICES 16,837.60 303299 9262013 NEW JERSEY FAMILY SUPPORT CENTER 289.31 303300 9/26/2013 JAMES &LAURIE MANFIARDT 64.15 303301 9/262013 ADVANCED XEROGRAPHICS IMAGING 2,398.77 303302 9262013 PAM VAN ANTWERP 50.00 303303 9262013 BRIDGE DESIGN ASSOCIATES INC 3,150.00 303304 926/2013 C&C ELECTRIC WORKS INC 5,444.00 303305 9262013 LELCO FB TALLAHASSEE LLL 297.00 303306 9262013 SOUTHERN PLUMBING INC 296.00 303307 9/262013 STAN BOLING 193.39 303308 9262013 RUSSELL PAYNE INC 225.54 �. 303309 9262013 MALCOLM PIRNIE INC 50,073.59 2 12 CIIECK NBR CK DATE VIiNDOR AMOUNT 303310 9/261/2013 IIILARY MCIVOR 417.00 303311 9/26/2013 FLORIDA DEPT 01'JUVIl-NILI:JUSTICE' 29 481.00 303312 9/26/2013 VAN WAL INC 100.00 303313 9262013 JOSEPII W VASQUEZ 303314 9/26/2013 TI IF CLEARINU COMPANY LLC 1,880.00 303315 9/26/2013 FLORIDA RURAL L.L'GAL SERVICES INC 2,099.04 303316 9/26/2013 UNITED RENTALS NORTH AMERICA INC 1,557.95 303317 9/26/2013 JOI INS EASTLRN COMPANY INC 11,286.67 303318 9/26/2013 ADVANCED ELECTRICAL SYS'T'EMS,INC. 1,419.22 303319 9/26/2013 TCG SONRISF 11 LLC 420.36 303320 9/26/2013 MILDRED MCMIILLEN 98.70 303321 9/26/2013 CENTRAL PUMP& SUPPLY INC 250.70 536.61 303322 9/26/2013 11NITED FOR FAMILIES 1,300.00 303323 9/26/2013 MCMAI-ION ASSOCIA'I'I:S INC 100.00 303324 9/26/2013 I'I's'1'L:R& LORRAINE SUTI IFRLAND 303325 9/26/2013 PELICAN ISLES LP 400.00 303326 9/26/2013 GEORGE&MILDRED I IACKI:R 98.13 303327 9/26/2013 ADMIN FOR CHILD SUPPOR"I ENFORCEMENT 203.53 303328 9/26/2013 ADMIN FOR CHILD SUPPORT ENFORCEMENT 206.29 303329 9/26/2013 ADMIN FOR CHILD SUPPORT'LNFORCEMENT 115.11 450.00 303330 9/26/2013 RICHARD M IILRRI:N 303331 9/26/2013 ADVANTAGE COMMUNICATIONS,INC 3,450.00 303332 9/26/2013 NATIONAL BUSINESS FURNITURE 1,131.00 303333 9/26/2013 C W NIELSEN MFG CORP 790.00 303334 9/26/2013 LARRY STEP11ENS 180 076 303335 9/26/2013 JOIIN DEERI- LANDSCAPES 40.00 303336 9/26/2013 JOSE RIVERA 18,347.00 303337 9/26/-013 ARDAMAN&ASSOCIATES INC 87,50 303338 9/26/2013 GEORGE E&BARBARA MOORL' 303339 9/26/2013 MOI IAWK CARPET DISTRIBUTION LP 23,563.04 303340 9/26/2013 KELLY J TURNER JR 60.00 303341 9/26/2013 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 751.55 303342 9/36/2013 KENNY CAMPBELL JR 60.00 303343 9/26/2013 BRIAN WYKOFF 100.00 303344 9/26/2013 JOIINNY 13 SMITI I 146.00 303345 9/26/2013 GERMAINL JOHNSON 56.00 303346 9/26/2013 DANE:MACDONALD 148.00 303347 9/26/2013 ROBFR'T J MULLER 39.50 303348 9/26/2013 ESTNI'E OF DONNA GARBRECHT 57.49 303349 9/26/2013 CHARLES A WALKER 120.00 303350 9/26/2013 SEBASTIAN RIVER MIDDLE SCHOOL 10.00 303351 9/26/2013 FISHER&PHILLIPS LLP 205.00 303352 9/26/2013 GEORGE J&LOLA Q LYE 125.00 303353 9/26/2013 STEVE& MELISSA KITZI 40.66 303354 9/26/2013 LUIS&MARGARITA ALMANZA 27.42 303355 9/26/2013 DANIEL 101'FREDO 60.00 303356 9/26/2013 DANIrl-S&MARCIA C LONG 31.98 303357 9/26/2013 M ALEXANDRE 47.96 303358 9/26/2013 BENNETT AUTO SUPPLY INC 268.41 303359 9/26/2013 RICHARD FLICK 95'87 303360 926/2013 JEREMY GUEST 52.84 303361 9/262013 RONALD WOLLETT 38.49 303362 9262013 WILLIAM RICE 271'67 303363 926/2013 TREASURE COAST FOOD BANK INC 91.63 303364 9262013 K'S COMMERCIAL CLEANING 660.00 303365 926/2013 ELECSYS INTERNATIONAL CORP 414.80 303366 9262013 ADETAYO ADELAKUN 95.81 303367 926/2013 EQ THE ENVIRONMENTAL QUALITY COMPANY 774.53 303368 9262013 VERO BEACH WINNELSON COMPANY INC 1,219.30 303369 9262013 DI VOSTA HOMES L P 174.20 3 13 CIIECK N1111 CK DATE VEND014 AMOUNT 303370 9/26/2013 SFASIDF LANDSCAPI'.S INC 950.00 303371 9/26/2013 Cl IRISTINA RIPPLE: 203.22 303372 9/26/2013 SANDY ARACENA 120.00 3113373 9262013 FLORIDA MEDICAID 1,745.68 30337.1 0/26/2013 LARIAT'I:N'1'I:RI'RISI:S INC 232.70 303375 9/262013 I:VI?RY FLORIDA HOME 140.86 303376 9/2612013 I1U13131;LI,PROPER'1TES II LC 16.14 303377 9/26/2013 FIDI?LITY NAI'IONAL'1'1'1'1,E OF FLORIDA INC: 274.52 303378 9/26/2013 ALMM LLC 1,200.00 303379 9/26/2013 FORTY FOUR'I'1I ASSOCIAI'L•S,LLC 500.00 303380 9/26/2013 GRI-GORY I I DALESSIO PA 40.50 303381 9/26/2013 LISA BE%AK 302.43 303382 9/26/2013 ATLANTIC COASTAL LAND TITLE?CO LLC I SO.UO 303383 9/26/2013 BOULEVARD TIRE CENTER 3,397.16 303384 9/26/2013 DALE SORENSEN REAL ES'T'ATE 134.17 303385 9/26/2013 IMAGINE SCI IOOLS AT SOUTH VERO 50.00 303386 9/26/2013 SAFETY SCI IELL CORPORATION 573.50 303387 9/26/2013 PACE ANALYTICAL SERVICES INC 1,686.40 303388 9/26/2013 DELRAY MOTORS 127.76 303389 9/26/2013 AG SCAPE SL-RVICES INC 2,766.40 303390 9/26/2013 JOSEPII CATALANO 40.00 303391 9/26/2013 DEPT OF HWY SAFETY&MOTOR VEHICLES 110.00 0.00 303392 9/26/2013 RAYMOND J DUCI IEMIN 303393 926/2013 XYLEM WATER SOLUTION USA INC 5,552.50 303394 9262013 BORO BUILDING&PROPERTY MAINT INC 4,720.13 303395 9/262013 I IOLLIE MC DOUGALL 70.09 303396 9'262013 INTEGRITY LAWNS& LANDSCAPING 1,260.00 303397 9/26/2013 HELEN C PRICE 73.51 303398 9/26/2013 BELSON OUTDOORS INC 611.30 303399 926/2013 GFA INTERNATIONAL INC 220.00 303400 9262013 KAREN ROELLER 437.99 303401 9/262013 YP LLC 142.30 303402 9/26/2013 GOLFTIME LLC 1,263.91 303403 926/2013 G110 HOLDINGS CORP 205.14 303404 9/26/2013 COUNTY MATERIALS CORPORATION 2,360.00 303405 9/26/2013 JDA SYSTEMS 1,800.00 303406 9262013 CENTRAL FLORIDA GOLF CARS INC 47.39 303407 926/2013 OCEAN RESEARCH&CONSERVATION ASSOCIATION D 73,00.080 303408 9/26/2013 ANN MORGAN 73.00 303409 9/26/2013 ALTERATIONS BLESSED .00 303410 92 19 6/2013 AMERICAN MESSAGING SERVICES LLC 30,919.10 303411 9/26/2013 LABOR READY SOUTHEAST INC 280.00 303412 926/2013 PPG ARCHITECTURAL FINISHES INC 1,200.00 303413 9/26/2013 PRECISION PLASTERING INC 398.47 303414 9262013 ADAMS AIR&HYDRAULICS INC 40.00 303415 9/26/2013 WILLIAM SHOAF 1R 60.00 303416 9/26/2013 JUSTIN DEAN PARKER 167.67 303417 9/26/2013 EDWARD W HAYES 87 36 303418 9262013 ANN N HERRING 48 4l 303419 9/26/2013 INGE A JENKINS 84 14 303420 9/262013 PATRICIA LETSINGER 1430 303421 9/262013 SHERRY LITTLE 93.31 303422 9/262013 MARIE MARKS 89 48 303423 926/2013 LENORA M MCDONALD 83.15 303424 9/262013 MARJORIE MCFADDEN 11.32 303425 9262013 ULYSSES MCGRIFF 90.76 303426 9/26/2013 JANE MERCHANT 91.04 303427 9262013 WALTER MITCHELL 87.50 303428 926/2013 CHARLES MORTON 9.50 to 303429 9262013 MARGARET M MURNER 4 14 CI-IGCK N1112 CK DA'Z'E VI:ND012 A1110UNT 303430 9/26/2013 11FNRY F OSCAR 87.64 303431 9/26/2013 NICI101-AS F ADAMS 103.24 303432 9/26/2013 131'RMAN 8-, 131 R M A N PA 83.44 303433 9/'_'6/21113 COMMONWI-All 11 OF MASS 432.64 303434 9/26/2013 VIRGINIA EASLEY 95.87 303435 9126/2013 PASQUALE, CAPRA 18.47 303436 9/26/2013 Cl IARI.I.S Ill/_GI;RAI 1) 100.54 303437 9/26/2013 GLORIA D FOLLY 92-75 303438 9/26/2013 STEPIIAN IE,IIOYT 45.00 303439 9/26/2013 LISA M I IARNL'SS 45.00 303440 9/26/2013 JANI:VANDI-:RMI;R 96,29 303441 9/26/2013 ELMI-R P SI IUMAKER 18.13 303442 9/26/2013 1..1-0 ROULEA 87.50 303,143 9/26/2013 JEANI-'I-I E ROSFNGARTFN 81.73 303444 9/26/2013 CKI'IIERINE V REI'D 87.22 303445 9/26/2013 TI IERESA M I'1RIto 80.74 303446 9/26/2013 REGINIA SMITI1 50.00 303447 9/26/2013 MARY BROWN PITTMAN 50.00 303448 9/26/2013 LINDA SMITI1 100.00 303449 9/26/2013 BAY LIVING INC 26.42 303450 9/26/2013 JOI IN MC CANN 64.89 303451 9/26/2013 HARTVAN LLC 11.69 303452 9/26/2013 NOEL LYNCI I 42.75 303453 9/26/2013 MICAH MASSENGILO 50.00 303454 9/262013 HEAVEN SPENCER 233.84 303455 926/2013 GI 10 FIELDSTONE RANCI I CORP 47.16 303456 926/2013 I,INDA VILLIPART 87.80 303457 9/26/2013 RICIIARD G BEIR 5.45 303458 9/26/2013 JERAL D& LAURA SMITI I 43.70 303459 926/2013 AUDREY MAR'I'INFS 67.84 303460 9/262013 LAURA PETERSON 138.77 303461 9/26/2013 JAMES N MUSTACCI IIA 42.81 303462 9/26/2013 SECRFTARY OF VETERANS AFFAIRS 40.40 303463 9/26/2013 MANACE& LISA GON7.ALE/JR 14.37 303464 9/26/2013 CI IRIS CASSINARI 72.96 303465 9/26/2013 JOYCE DRAKEFORD 26.16 303466 9/26/2013 JACQUELYN NUTTALL 50.02 303467 9/26/2013 EDWARD BAUD 19.64 303468 9/26/2013 GAIL SHEPPARD 53.13 303469 9/26/2013 WILLIAM & MELISSA HFNNFN 34.10 303470 926/2013 JOSEPH DIZONNA 160.23 303471 9/26/2013 ROLF BECKMAN 149.23 303472 9/26/2013 CHRISTIAN TALMADGE 64.10 303473 9/26/2013 THOMAS A HARMODY 46.44 303474 9/26/2013 BASELISA SALINAS 24.35 303475 9/26/2013 MICHAEL THORNS 32.86 303476 9/262013 COOPERTINO SIMON 2.68 303477 9/26/2013 DAWN REDSTONE 19.58 303478 9/26/2013 NATHALE ARRIBAS 37.40 303479 9/26/2013 CONSUELO CAMACHO 52.92 303480 9/26/2013 CHRISTINE BOFELOS 8.33 303481 9/26/2013 TERESA PRZYBYSZ 66.01 303482 9/26/2013 ARLENE CAPPELEN 34.07 303483 9/26/2013 LAWRENCE BOBBY 30.18 303484 9/26/2013 EDITH EDGAR 31.17 303485 9/26/2013 BARBARA ALLEN 24.89 303486 9/262013 CAITLIN BORTUGNO 36.57 303487 9/26/2013 B&V PRESSURE CLEANING 322.81 303488 9/26/2013 WILLIAM SCHUBERT 63.65 4w 303489 9/26/2013 OAK TREE HOLDINGS LLC 50.67 5 15 CI•IECK N1114 CK DATE VENDOR AMOUNT 31134911 9/26.'2013 JOHN J FOLEY 62.86 303491 9/26/2013 CAROLI NEC KARAN 42.43 303192 9/26/2013 BRIDGE1"I'IIART 80.86 303.193 9,26/2013 CAMILLA MINUS 43.81 303494 9/26/2013 ANTI IONY DW1'I.R 61.28 303495 9/26/2013 MARY K MI-RANDA 1.49 303,196 9/26/2013 PAULETTE'SI UBERLING 51.59 303.197 9/26/2013 LUG MARINA ROJAS 20.09 303,198 9/26/2013 ANTONIO NAVARRO 8.43 303.199 9/26/2013 TONY TAYLOR 24.62 303500 9/26/2013 DEUTSCI IF BANK NA'I'IONAI.'1'Rl1ST CO 62.48 303501 9/26/2013 IIEIDI O BRUIN 23.11 303502 9/26/2013 US BANK NA 29.58 303503 9/26/2013 KRISTINA VAL.DIVIA 42.46 303504 9/26/2013 CENTRAL MOR'I'GAGF CO 8.23 303505 9/26/2013 RU II MADIGAN 44.08 303506 9/26/2013 Ti IOMAS OSBORNE SR 30.54 303507 9/26/2013 CNNIERINE SINNO 1.56 303508 9/26/2013 PAIGE?MIONE 75.13 303509 9/26/2013 COLLEEN I IEADY 40.13 303510 9/26/2013 EDWARD P&SALLY A SPIRITS 103.93 303511 9/26/2013 LAWANDA WASHINGTON 26.20 303512 9/26/2013 ROBERT K MORGAN 19.34 303513 9/26/2013 MARIA RAGO 53.02 303514 9/26/2013 MARJORIE SCARAMUZZI 40.99 303515 9/26/2013 CASSANDRA&MAR"I'YN BEDDOW 5.95 303516 9/26/2013 MAMIE PRUETT 31.77 303517 9/262013 SAMUEL ADORSET"fE 34.75 303518 9262013 PIIYLLIS KLUCINEC 76.12 303519 9262013 TARA TYSON 37.58 303520 926/2013 DALYN SCH WARTZ 69.02 303521 926/2013 TIMOTI IY&SANDRA I TOPPING 72.79 303522 926/2013 HARBOR I IILL HOLDINGS LI.0 57.92 303523 9262013 LAQUANTA JACKSON 53.25 303521 9262013 YILMA MARIBEL ROSABAL 27.70 303525 9/262013 BROLIN CORDERY 44.50 303526 926/2013 DEBORAH POSTON 43.15 303527 9/26/2013 GP AMERICA LLC 67.79 Grand Total: 1,070,083.92 6 16 y LLLCI"RONIC PAYMI:N"I"S - WIRF & ACI I MANS NIIR DA'Z'E VENDOR AMOUNT w` 2610 9/20/2013 PROCTOR CONS'1'RIIC I'ION CO, INC 154.858.41 2611 9/20/2013 I R C IIFAITI I INSURANCE-TIMSI' 449.138.82 2612 9/24/2013 I R C I II?AI:I'I I INSURANCI:-'I RUST 48,794.76 2613 9/24/2011 A'I'I,AN'I'IC COAS'171I.I.ANI)'1'1'1'1.1:CO LLC 4,719.66 2614 9/26/2013 I31:'NI:I:ITS WORKSI101' 9,517.71 Grund Total: 667029.36 • 1 17 IILECTRONIC PAYMCN'h - VISA CARD TRANS. N1112 DXI'E VENi)Olt AMOUNT �. 1002495 9/23r-U13 1:V1?RGLADL�SFARM EQUIPMENT COINC 4,664.70 1002-196 9/232013 I.IGHTSOURCE IMAGING SOLUTIONS LLC 252.00 1002497 92321113 AMERICAN CONCRETE INDUSTRIES INC 1,250.00 1002498 9/2321113 MIKES GARAGE& WRECKER SERVICE INC 85,00 1002499 9/232013 ARAMARK UNIFORM&CAREER APPAREL,IJ,C 87.90 1002500 9/23/2013 CAPI'T'AL OFFICE PRODUCTS 2,098.54 1002501 9/23/2013 EAST COAST ANIMAL MEDICAL CEN'T'ER 56.00 1002502 9/232013 REPUBIAC SERVICES OF FLORIDA 2,306.57 1002503 9/23/2013 RI.:PUBI.IC SERVICES OF FLORIDA 11,579.06 1002504 9232013 REPUBLIC SERVICES OF FLORIDA 29.59 1002505 9232013 RFPUBLIC SERVICES OF FLORIDA 29.61 1002506 9/23/2013 REPUBLIC SERVICES 017 FLORIDA 33,876.56 1002507 9/23/2013 1IARRIS SANITATION INC 78,099.31 1002508 9/23/2013 A'T&'I' 2,796.45 1002509 9232013 OFFICE DF'PO'f BSD CUS'T'OMER SVC 211.38 1002510 9/24/2013 EVERGLADES FARM EQUIPMENT CO INC 1,021.48 1002511 9242013 I IFNRY SCHEIN INC 394.20 1002512 9/24/2013 VERO LAWNMOWER CENTER INC 5,199.84 1002513 9/242013 'TEAM EQUIPMENT INC 9,160.96 1002514 9/242013 ST I,UCIE BATTERY&TIRE CO 2,850.00 1002515 9/24/2013 ARAMARK UNIFORM &CAREER APPAREL,LLC 313.09 1002516 924/2013 SVI SYSTEMS INC 190.00 1002517 9/24/2013 SCltll'1'S'rREASURE COAST PLJBLISI ZING LLC 1,094.48 1002518 924/2013 SI IRIEVE Cl IF.MICAL CO 75.00 1002519 9242013 RECIITILN INTFRNATIONALTRUCKS 803.39 1002520 9/242013 AU'T'O PARTNERS LI-C 481.60 1002521 924/2013 ALLIANCE BUS GROUP INC 164.13 1002522 9/24/2013 1..&I,DISTRIBU'TORS 20.72 1002523 91242013 S&.S ALJTO PARTS 107.04 1002524 9/25/2013 REPUBLIC SERVICES OF FLORIDA 33,897.68 1002525 9125/2013 MIKES GARAGE& WRECKER SERVICE INC 4,563.80 1002526 9/252013 SOUTI IERN COMPUTER WAREHOUSE 494.89 1002527 9252013 SCRIPPS TREASURE COAST PUBLISHING LLC 280.02 1002528 9252013 L&L DISTRIBUTORS 19.11 1002529 9/252013 RrPUBLIC SERVICES OF FLORIDA 29.61 1002530 9/25/2013 REPUBI..IC S17RVICES OF FLORIDA 29.59 1002531 9/25/2013 REPUBLIC SERVICES OF FLORIDA 11,579.06 1002532 9/252013 REPUBLIC SERVICES OF FLORIDA 2,306.57 1002533 926/2013 EVERGLADLS FARM EQUIPMENT CO INC 70.88 1002534 926'2013 COMMUNICATIONS INTERNATIONAL 434.36 1002535 9/26/2013 SAFETY PRODUCTS INC 355.04 1002536 9/262013 INDIAN RIVER BATTERY 209.85 1002537 926/2013 APPLE INDUSTRIAL SUPPLY CO 16.72 1002538 926/2013 ARCO GARAGE DOOR CO INC 160.90 1002539 9/26/2013 ALLIED UNIVERSAL CORP 5,553.90 1002540 926/2013 COMMUNITY ASPHALT CORP 68.00 1002541 9/26/2013 FERGUSON ENTERPRISES INC 2,009.28 1002542 9/262013 13ARKER ELECTRIC,AIR CONDITIONING 423.00 1002543 9/26/2013 FLAGLER CONSTRUCTION EQUIPMENT LLC 868.09 1002544 9/26/2013 CAPITAL OFFICE PRODUCTS 1,401.58 68 1002545 9/262013 FLUID CONTROL SPECIALTIES INC 1002546 9/26/2013 AQUIFER MAINTENANCE&PERFORMANCE 14,292.50 1002547 9/26/2013 S&S AUTO PARTS 238,691.31 Grand Total: 1 18 CONSENT AGENDA OCTOBER 8, 2013 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: September 30, 2013 SUBJECT: Out of County Travel to attend Florida International University/Massachusetts Institute of Technology Transportation Infrastructure Sustainability Summit FROM: Terri Collins-Lister, Commissioner Assistant Out of county travel is requested for commissioners and staff to attend the Florida International University/Massachusetts Institute of Technology Transportation Infrastructure Sustainability Summit in Miami, Florida on Tuesday, October 29, 2013. Attachment 19 Event Details i FIU1:LORIDA o Massachusetts IN`1TANA110NA]. Institute of UNIVERSITY Technology I I Transportation Infrastructure Sustainability Summit Tuesday October 29, 2013 8;00 AM - 4;30 PM I K-aven, Conference Center FIi_! Biscayne FaVC-ampu,, 30��011 E 1 F.1 Street Noith hvtiami FL 33181 there,s no c i large for allenci mg m s Sunvivt but tegistretron is required. %W This Summit is a joint venture betki/een RU and MIT Irtishad Ahmad of FIU OHL School of Construction and Franz Ulm of MIT Concrete Sustainability Hub will jointly lead this Summa i The purpose of this Summit is to convene a think tank of individuals representing i academic. industry, government and environmental groups to discuss the economic social technological, and environmental challenges and strategies that will advance the achievement of sustainability in transportation infrastructure in Florida Please register online by Sunday October 20, 2013. I i For more detailed information. please visit I 20 FLORIDA 83 Em Massachusetts INTER.NAI'IONALInstitute of FlUIUNIVERSITY 10 1` 0 Technology iuulMIT Transportation Infrastructure Sustainability Summit October 29, 2013 (Tuesday) 8:00 AM -4:30 PM Kovens Conference Center F1U Biscayne Bay Campus 3000 N.E. 151 Street, Miami, Fl. 33181-3000 Website: hltp://tiv��►�.i,liltic.fiu.edu/sustainabilitx/ Registration: littps://fii.i-i>>it-sustainabilih,.eventbrite.com/ How do we define sustainability in the context of transportation infrastructure? What should be the goals of a sustainability program? Which social, environmental and economic issues should be considered for an effective sustainability program? How do you foster leadership in sustainability? To address these and other related questions FIU and MIT are jointly organizing a sustainability summit at the Biscayne Bay Campus of Florida International University in October 2013. N This Summit will be a sequel to the Florida Infrastructure Sustainability Forum held in 2010 and the Green Paving Forum held in 2012 at FIU. This Summit is a joint venture between FIU and MIT. Franz Ulm of MIT Concrete Sustainability Hub and lrtishad Ahmad of FIU OHL School of Construction will jointly lead this Summit. The plan is to convene a think tank of individuals representing academic, industry, government and environmental groups to discuss the economic, social, technological, and environmental challenges and strategies that will advance the achievement of sustainability in transportation infrastructure in Florida. While the 2010 Forum was focused on broad-based issues encompassing economic, social, teclu-iological, and environmental challenges and strategies in the context of sustainability within Florida's infrastructure, this Summit will be focused primarily on transportation infrastructure in Florida. The overarching plan is to discuss current and potential challenges related to infrastructure sustainability and possible solutions and opportunities for improvement. Solutions will likely explore recent developments in pavement-vehicle interaction (PV1), life-cycle assessment (LCA), and life-cycle cost assessment (LCCA), among others. Prominent policyrnakers, transportation officials, engineers, scientists, and environmentalists will be identified and invited as speakers and/or panelists for the Summit. Preliminary Agenda 21 �'�► Morning Session 8:00 am to 8:45 am Registration and Continental Breakfast 8:45 am to 9:00 am Welcome and Opening Remarks: Amir Mirmiran, Dean,College of Engineering,and Computing 9:00'.un to 9:30am Keynote Address: Ananth Prasad, FDOTSecretary 9:30 am to 10:40 am Panel I:TRANSPOR'T'ATION INFRASTRUCTURE INVESTMENT Moderator:Irtishad Ahmad, Director,OI-IL School of Construction,FIU This panel addresses the challenge related to the disparity between the supply and demand for financing resources to enhance the sustainability of transportation infrastructure systems at the state level and the national level.The panel discusses emerging issues pertaining to sustainable infrastructure investment such as: o Sustainable innovative financing o Future cost uncertainties and life cycr a cost analysis o Methods and materials to extend the life of assets Gus Pego,District Secretary, FDOT District 6(to he confirmed) Sam Joiner,General Manager Concrote Operations,SE Region at Ajax Paving Industries Jim Warren, Executive Director,Asphalt Contractors Association of Florida Jeremy Gregory,Executive Director,Concrete Sustainability Hub,MIT Panel Discussion, Q&A 10:40 am to 10:55 am COFFEE BREAK 10:55 am to 12:20 am Panel II:TRANSPORTATION INFRASTRUCTURE PERFORMANCE Moderator:Michael Bienvenu, Professor of Practice,Civil and Environmental Engineering, FIU This panel addresses die challenge pertaniing to defining objective performance metrics that explicitly accounts for sustainability of blfrastructure renewal investments.The panel discusses emerging issues pertaining to sustainable infrastructure performance metrics such as: o Life cycle analysis during planning,construction,and maintenance o Pavement-vehicle interactions o Methods and materials to quantify the environmental footprint related to construction,repair and user costs Alfred Lurigados,Deputy Executive Director/ Director of Engineering, Miami- Dade Expressway Authority 22 James Willis, Assistant R(,search Professor,Auburn University Franz Ulm, Professor, MIT Florida Trucking; Association (10 he confinrtcd) Panel Discussion, Q&A 12:20 pm to 1:20 pni LUNCH Afternoon Session 1:20 pm to'1:50 pin Keynote Address: Rick Scott,Governor, Florida (litt)ited) Adam Putnam, Florida Commissioner of Agriculture 1:50 pm to 3:15 pm Panel III: ENVIRONMENTAL IMPACT Moderator:Hesham Ali, Professor of Practice,Civil Engineering,FIU This panel addresses the challenge related to finding methods and materials to reduce environmental footprint of transportation infrastructure over its life cycle. The panel discusses emerging;issues pertaining to environmental impacts such as: o Environmental impacts during planning,construction,and maintenance o Reducing;, reusing and recycling material o Methods and material.to reduce the environmental footprint Jim Musselman,State Bituminous Engineer,FDOT Cesar Constantino,Senior Director,Titan America Gaylon Baumgardner,Senior Vice President, Ergon Randy Kirehain,Associate Professor,NET Panel Discussion, Q&A 3:15 pm to 3:30 pm COFFEE BREAK 3:30 pm to 4:15 pin Closing Session: Where do we go from here? Moderator;Franz Ulm,Professor,MIT .4:15 pm Adjournment 23 Office of the INDIAN RIVER COUNTY R * ADMINISTRATOR Joseph A. Baird,County Administrator Michael C. Zito,Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Joseph A. Baird County Administrator DATE: October 1, 2013 SUBJECT: Travel Authorization The County Administrator is requesting authorization for the Administrator and/or staff to travel q g to Tallahassee as necessary for meetings related to legislative issues and legislative priorities. The County Administrator is requesting authorization to attend the Florida Government Finance Officers Association School of Governmental Finance on November 18 —22,2013. The County Administrator is requesting authorization to attend the Government Finance Officers Association 108`h Annual Conference on May 18 —21, 2014. The County Administrator is requesting authorization to attend Public Trust Advisors complimentary Public Funds Investment Seminar on October 23, 2013. Funding is available and has been approved in account 00120112. APPROVED AGENDA ITEM B b h- &21,J, F October 8, 2013 24 CONSENT INDIAN RIVER COUNTY MEMORANDUM TO: Joseph Baird County Administrator FROM: Colleen Peterson 4 Human Resources Manager DATE: October 1, 2013 SUBJECT: Collective Bargaining Agreement Between Indian River County and Teamsters Local 769 On September 13,2013,the County and Teamsters Local 769 tentatively agreed on a new three-year collective bargaining agreement effective October 1, 2013, through September 30, 2016. The agreement was submitted to the Teamsters membership and ratified on September 25,2013. Attached for your consideration is the summary of the major amendments to the collective bargaining agreement. Staff recommends approval of the agreement. Attachment Full Agreement on File in the Board of County Commission Office APPROVED AGENDA ITEM BY: hYosep A. Baird,County Administrator FOR: October 8 2013 Approval Date Admin. �cl� Legal 0 Budget ONO O Dept. Risk Mgmt. 25 ® SUMMARY Or MAJOR AMENDMENTS TO TEAMSTERS COLLECTIVE BARGAINING AGREEMENT Article 9—Availability Bargaining unit employees required to work when nonessential employees are released from duty with pay in response to a forecasted threat or actual County-declared emergency will be paid one and one-half times their regular rate of pay for all hours worked during the same time period that the nonessential employees are not required to work. This is a reduction from previous language requiring time and one-half from the time of declaration of emergency. Article 28—Leaves of Absence At the discretion of the department director or his designee,unpaid leave may be authorized for part- time employees who do not accrue sick and vacation leave (hired on or after 06/22/01), up to a maximum of 60 hours per calendar year. This is to distinguish part-time employees who do not accrue leave from full-time employees who need the County Administrator's approval prior to a leave of absence without pay. Article 33—Wages Cost-of-living increase of 3%for FY 2013/14 Estimated Cost: $315,642 including salaries and benefits Reopener language to collectively bargain cost-of-living increases for FY 2014/15 and FY 2015/16. Cost estimate for these increases will depend upon amount of COLA agreed to in future years. Anniversary increase of 2.5%,or$800 Jump sum if topped out,in FY 2014/15 and FY 2015/16. No anniversary increase for FY 2013/14. Estimated Cost: approximately $240,000 each year for 2014/15 and 2015/16 26 U INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E. Public Works Director FROM: James D.Gray,Jr. �� Coastal Engineer O SUBJECT: Work Order No.3 Coastal Planning and Engineering, Inc. Indian River County Beach Preservation Plan—2014 Update DATE: September 30,2013 DESCRIPTION AND CONDITIONS On March 19, 2013 the Board approved a contract with Coastal Planning and Engineering, Inc. (CPE) for professional coastal engineering services in Indian River County for a two-year term, 2013-2015. CPE is the selected County consultant for professional engineering services related to updating the County Beach Preservation Plan(BPP) in the year 2014. Indian River County developed and adopted its first comprehensive BPP in 1988, which included a management strategy for addressing coastal erosion along the County's 22.4 miles of shoreline. The BPP has been subsequently updated in 1998 and 2008. Following the recently completed Sector 3 Beach and Dune Restoration Project, a public workshop was held to discuss and identify additional strategies to abate the erosional effects on the County shoreline other than the traditional methods of pumping or trucking sand to the beach. During the public workshop several recommended strategies were discussed including the use of coastal structures (breakwaters, groins, etc.). It was later determined that an update to the BPP was warranted and should include coastal modeling studies for the use of coastal structures. The proposed Work Order No. 3 provides professional engineering services required to update the County Beach Preservation Pian. The proposed 2014 BPP update includes: use of a three dimensional numerical model to determine countywide sediment transport rates and the effectiveness of coastal structures, storm damage vulnerability analysis on public and private infrastructure, presents recommended strategies to manage the shoreline, project costs for those strategies, and provides recommendations for appropriate federal, state, and local funding. Once completed, the updated BPP will provide staff and the public with a sound engineering approach to future management of the County's beaches. Staff discussed, received feedback, and revised the proposed Work Order No. 3 based on recommendations from the County's Beach and Shore Preservation Advisory Committee. In addition,the final version of Work Order F\Public W0&Uune9G%BPP Update 2013-14\Work Order k Magenda item Coastal Planning and Engineering Work Order#3—9- 30-13.docx 27 Page 2 BCC Agenda item Beach Preservation Plan Update October 8,2013 No. 3, incorporating the recommended changes, was presented to the Beach and Shore Preservation Advisory Committee on September 16, 2013. The cost for Work Order No. 3 is a lump sum amount of$229,841. The anticipated completion date for the 2014 Beach Preservation Plan Update is September 2014. FUNDING Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue as well as allocation of the One Cent Sales Tax. For FY 13/14,funding in the amount of$300,000 is budgeted and available for updating the Beach Preservation Plan in the Beach Restoration Fund, Beach Preservation Plan Update Account No. 12814472-033190-06062. RECOMMENDATION The recommendation of staff is for the Board to approve Work Order No. 3 in the amount of $229,841 to the contract with Coastal Planning and Engineering Inc. and authorize the Chairman to sign on behalf of the County. MACHM ENT Coastal Planning and Engineering, Inc. Work Order No. 3 (2 original copies) APPROVED AGENDA ITEM FOR: October S 2013 BY• Indian River County Approved Date Administration Budget Legal kl&L �r ► ��/f Public Works � Coastal Eng.Division ,� 113013 VTublic WorksUameaMM Update 2013-141Work Order#3lagenda item Coastal Planing and Engineering Work Order#3—9- 30.13.doca 28 WORK ORDER NUMBER 3 BEACH PRESERVATION PLAN UPATE - 2014 This Work Order Number 3 is entered into as of this day of 2013 pursuant to that certain Continuing Contract Agreement for Professional Services entered into as of March 19, 2013 ("Agreement"), by and between Indian River County, a political subdivision of the State of Florida ("COUNTY") and Coastal Planning & Engineerine. Inc. A CB&I Company ("CONSULTANT"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit 1, attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit 2, attached to this Work Order and made a part hereof by this reference. The Consultant will perlorm the professional services within the timeframe more particularly set forth in Lxhibit 2, attached to this Work Order and made a part hereof by this reference all in accordance with the terns and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT BOARD OF COUNTY COMMISSIONERS Coastal Planniniz&En ineerin Inc. OF INDIAN RIVER COUNTY By: -- By: Gord G. Thomson, P.E., D.CE Joseph F. Flescher, Chairman Title: Vice President Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Date: `� /:30 A3 By: (Seal) Deputy Clerk Approved: By. �sephBaird, County Administrator Approved as to form e fficiency: - ylan Rei old,County Attorney 29 Coastal Planning & Engineering, Inc., A CB&I Company EXHIBIT 1 2481 NW Boca Raton Blvd Boca Raton, FL 33431 Tel:+1561 3918102 Fax: +1 561 3919116 www,CBI.com August 29, 2013 Rev September 13, 2013 James Gray Indian River County Public Works- Coastal Engineering Division 1801 27th St, Building A Vero Beach, FL 32960 Subject: Indian River County Beach Preservation Plan 2014 Update Dear James: Indian River County developed the first comprehensive Beach Preservation Plan in 1988. The plan was subsequently updated in 1998 and again in 2008. The County has determined that an update to the Beach Preservation Plan (BPP) is appropriate at this time and this proposal outlines a scope of work for this effort. Report Intent and Layout I The intent of the BPP is to assist the County in managing its beaches, which is one of its most valuable assets. The report will outline strategies that adapt to the needs of various sections of the coast and quantify the recreational and structural benefits to the community based on a scientific and engineering based approach. It is recognized that this document is being developed for the general public and that the audience will be non-technical in nature. The main body of the report will be prepared with this consideration. Any items that are technical in nature or background data that can be referenced will be included as an appendix. Task 1: Update of Beach Conditions Shoreline and volumetric change conditions based on the latest available survey data from the County will be updated in the BPP. The 2008 BPP analyzed shoreline and volumetric changes for time penods (1972 to 1986 and 1986 to 2005). This analysis will be extended through to 2013. The depth of closure will be evaluated on a line by line basis before developing an average depth of closure by sector. The impact of hardbottom on the depth of closure will be discussed. The erosion analysis shall include all survey data from 2005 to the most recent data available, and report shoreline change(at Oft, 5 ft, and 10 ft elevation) and volumetric change (to an agreed upon depth). The report will include a tabular and graphic presentation of the data for each R-monument in the County. CPE will also evaluate the impact of storms in 2005 and 2012. We will examine recovery of the beach with respect to the shoreline and various dune elevations to determine whether natural recovery can be expected under future storm events. 30 CPE will document beach nourishment projects constructed, including the Sector 3 project constructed from May 2010 through March 2012. CPE will develop a sediment budget and alongshore transport rate for the entire length of the County. Net sediment transport rates at the north end of the County (Sebastian Inlet) will be based upon literature. CPE will evaluate whether diffusion from beach nourishment projects will need to be removed from the longshore transport analysis in order to determine longshore transport due to wave driven transport. A comparison of the longshore transport rates determined from this analytic analysis of volumetric changes will be compared to numerically modeled longshore transport, discussed later in this scope. CPE will incorporate environmental data from monitoring reports developed following the 2008 BPP. This is expected to primarily include monitoring of the Sector 3 Beach and Dune Restoration project. Task 2: Public Meetings Following an update of the beach conditions, CPE will hold a public meeting/planning charette in Vero Beach to explain the goals and objectives of update to the BPP and to solicit public input into potential beach management strategies. A summary of public comments will be included in the BPP. A second public meeting will be held following development of the beach management strategies and completion of the strategy modeling. Task 3: Sector Boundaries and Beach Management Strategies CPE will review the boundaries of the various Sectors (1 through 8) within the County. The delineation of these sectors will be evaluated with respect to dominant coastal processes, historical shoreline changes, projected bluff location in 30 years, upland development, and environmental resources. The boundaries will be left as is for consistency purposes unless there is a significant need to change them, such as a different beach management strategy being employed within the sector. Various beach management strategies will be evaluated for each sector. This may include but not be limited to no action, beach restoration, dune restoration, coastal structures, and sand bypassing. Regulatory and environmental constraints associated with the various strategies will be considered. A generalized strategy will be recommended for each section. While all sectors will be evaluated, it is anticipated that Sectors 3, 5 and 7 will be the areas that will require greater focus with respect to management strategies, based on the previous Beach Preservation Plan and a review of ongoing efforts. We will develop preliminary alternatives to assess a given strategy, such as examining the dune or beach nourishment volume required to provide a given level of protection and how that would affect nearshore hardbottom. We will also provide an initial analysis of potential structural solutions, including groins, permeable adjustable groins, T-head groins, breakwaters, seawalls, revetments, submerged reefs and PEP reefs. During the scoping meeting for the BPP, the effectiveness of the PEP reefs was discussed. Special consideration will be given to the evaluation of the PEP reefs using the latest available data. 31 (ow A conceptual layout will be based on analytic analyses and equilibrium shoreline locations. An initial cost and annual cost for these potential structural solutions will be developed. A discussion of permitting considerations including hardbottom coverage and potential downdrift impacts and expected permitting effort will be included. This more detailed discussion of potential structural solutions will be included as an appendix in the BPP. A summary of the discussion on coastal structures will be included in the main body of the Plan. The preferred alternatives will be carried forward into the coastal modeling effort. Any beach fill strategies will require fill to execute the strategy. A discussion of upland and sources and offshore borrow areas will be included in the BPP based on available literature and previous field investigations. No additional field work is proposed. CPE will present the interim findings of the beach management strategy to the Indian River County Beach Commission. Feedback from this meeting will be incorporated into the BPP. Task 4: Public Access Inventory CPE will include an updated inventory of existing public beach access within the County. The public access points will be described with respect to whether they are primary or secondary access points as defined by the FDEP. The length of shoreline eligible for cost sharing by the State will also be updated. CPE will coordinate with the County to determine whether there have been changes to the 2008 public access inventory. No field verification of the number of parking spaces is proposed as part of this work. If verification of the number of parking spaces is required, CPE will rely on the County to provide this data. CPE will inform the County if a site visit is specifically required to document public access conditions. An assessment of beach access improvements will be performed. Recommendations will be developed based on the cost effectiveness of improving the beach access in order to obtain additional State funding. These recommendations will partially be based on the recommended strategy for a given beach sector. Task 6: Coastal Modeling -DeIft3D Alternatives Analysis CPE will develop a three dimensional DeIft3D model that extends the length of Indian River County. DeIft3D can model the complex interactions between offshore bathymetry, waves, tides, winds, currents, sediment transport, erosion and deposition. The model will be used to determine longshore transport rates and if there are localized areas of wave focusing. As such, the model will assist in the analysis of coastal processes and the development of specific beach management strategies. Waves in DeIft3D are simulated using SWAN (Simulating Waves Nearshore), an advanced wave transformation model that incorporates most wave transformation processes, including breaking, shoaling, refraction, diffraction, and bottom friction. SWAN will transform waves from deepwater to nearshore. Water levels, currents, sediment transport and bathymetric changes will be simulated using DeIft3D-FLOW. 32 i. Model Grid Development The model grid will extend from approximately 1 mile south of Sebastian Inlet to the southern boundary of the County (R-119). Sebastian Inlet has been excluded from this modeling effort due to the effort that would be required to include inlet effects. The model would have to be expanded to include Indian River Lagoon and significantly impact model setup and run time. The south County line has been selected as the southern boundary of the model because no alternatives are expected to be evaluated in this area. The beach at the south end of County (Sector 8) is stable to accretional based on previous analyses, thus not requiring intervention. The updated shoreline and volumetric change analysis will determine the validity of this assumption before finalizing the model domain. Given the computational intensity required to model sediment transport within the entire model domain, nested grids will be created for three areas in which beach management strategies can be further investigated. Three individual SWAN grids will be nested within the countywide SWAN grid to evaluate wave transformation adjacent to coastal structures. Similarly, three DeIft3D-FLOW grids will be used with domain decomposition in order to provide high level of detail of flows and morphology evolution in the three project areas and maintain efficient simulation timescales. It is anticipated that these finer grids will be focused in Sectors 3, 5, and 7, where erosion is a chronic problem and fill and/or structural solutions may be required. Sector 3 has historically suffered higher erosion rates though a beach and dune restoration project was recently constructed and a repair to the project is in the permitting process. Sector 1A has also experienced higher volumetric losses and shoreline retreat. However, this erosional stress is recognized as being a function of the Sebastian Inlet and is being addressed by the Sebastian Inlet District. No detailed evaluation is proposed in this area. The bathymetric data sets will be utilized to depict the past and present bathymetry using the model grids. Similarly, hardbottom surreys will be incorporated within the nested DeIft3D-FLOW grids. Historic hardbottom will be imported through GIS maps provided by the County. The model will be populated with available data. Nearshore bathymetric and topographic data will rely upon the latest countywide survey. Offshore hardbottom will be modeled by including all available data from.previous County monitoring efforts to the 2013 hardbottom mapping effort in Sector 3. Offshore bathymetric data will be based on surveys conducted by NOAA or USGS. Wind, wave, and water level measurements will be based on data collected by FIT, USACE and NOAA. No field work (hydrographic surveying, wave and tide Gauge deployment) is proposed in support of the modeling effort. If it is determined that the available data is insufficient to develop an accurate model then collection of additional data will be discussed with the County. The current assessment is that the available data should be sufficient. ii. Water Level& Current Calibration The water level and current measurements collected will be utilized to calibrate the Delft3DFLOW model. Wave measurements and water levels previously collected will provide the offshore boundary conditions for each calibration run. Water levels will provide the basis for evaluating the results of each calibration run. Present bathymetries will be used as input, along with concurrent wind data from NOAA. DeIft3DFLOW and SWAN will be run simultaneously to resolve the influence of waves on the 33 currents in the study area. The primary focus of the task will be the determination of the parameters required to properly simulate the currents and water levels. iii. Wave Transformation Calibration Wave measurements and water levels will provide the offshore boundary conditions for each calibration run. Available nearshore data will be used to calibrate the transformation of the waves. FIT collects offshore data in 90 feet of water and closer in at 26 feet. This data will be used to calibrate the wave transformation. The purpose of this task will be the determination of the parameters required to properly estimate wave transformation. iv. Calibration of Morphological Changes (Erosion&Deposition) Once the DeIft3DFLOW and SWAN models have been calibrated to simulate water levels, currents, and wave transformation, the Delft3DFLOW model will be calibrated to simulate morphological changes (erosion & deposition) specific to this study. The basis for calibration will be the beach profile and bathymetric changes between at least one past condition and the present condition. The starting bathymetry for each calibration run will be a past bathymetry. The present bathymetry or another past bathymetry will provide the basis for evaluating the results. The model will be calibrated to match the sediment budget developed through comparison of survey data. Wave climate information will be utilized to determine the typical wave conditions during the morphological change calibration period. The typical wave conditions will be schematized using approximately 19 wave cases (CPE, 2009) combined with a representative tide to delineate the offshore boundary conditions. A sufficient number of calibration runs will be performed to determine the best combination of parameters to realistically simulate the beach profile changes in the entire study area. V. Modeling of Preliminary Alternatives As discussed previously, a finer grid and the DELFT3D-FLOW module will be applied in Sectors 3, 5, and 7, where fill and structural solutions will likely be required to address chronic erosional problems. The preliminary alternatives developed during the beach management strategy section will be evaluated using the Defft3D model. We will model two fill only scenarios and 4 structural solutions. Each modeled alternative will be compared to a baseline condition in order to draw conclusions on the expected result of implementing each scenario. Optimization of the structural layout is not proposed as part of this effort. Instead, the concept will be evaluated to determine whether it is cost effective and feasible, and estimate any downdrift or offshore impacts. The alternatives analysis will incorporate up to 14 production runs. Each of the 7 alternatives (no action, 2 fill scenarios and 4 structural scenarios), will be analyzed under a 10-year storm event and then a 5-year simulation period. 34 vi. Model Results Reporting A modeling report will be prepared as an appendix to the BPP. The report will document the data collection, model setup, calibration, and specific results of the modeling effort. The information to be included will be as follows: • Model set-up and features. • Grid development and characteristics. A summary of the bathymetric and wave data used in the modeling and analysis. • An explanation of model calibration and application for the wave cases examined. • The parameters and processes utilized in the DeIft3D modeling package. The appendix will conform to FDEP's guidelines for DeIft3D modeling studies. Task 6: Coastal Modeling -Vulnerability Analysis CPE will perform a storm damage vulnerability analysis for Indian River County. The analysis will utilize the Storm Induced Beach Change Model, SBEACH, developed by Larson and Kraus (Larson and Kraus, 1989) for the US Army Corps of Engineers (USACE). SBEACH simulates changes in the beach profile that could result from coastal storms of varying intensity in terms of storm tide levels, wave heights, wave periods, and storm duration. Information required as input to run the SBEACH model includes the beach cross-section, the median sediment grain size, and the time histories of the wave height, wave period, and water elevation. This information will be gathered from existing data sources. No new collection of data is proposed. If it is determined that the available data is insufficient to develop an accurate model then collection of additional data will be discussed with the County. The current assessment is that the available data should be sufficient. CPE will develop a suite of storms for 4 different return intervals (5-years, 10-years, 20-years, and 30- years). Each return interval will have 6 distinct storms. Each of the storms will have one characteristic (wave height, peak wave period, or storm stage) that matches the value of the return interval for that characteristic. The other characteristics will be scaled in relation to the scaling of the characteristic intended to match the return interval. For example, if the maximum offshore wave height for a 5-year storm event is 20 feet, then we would take an actual storm event that had a maximum wave height of 16 feet and increase all the storm characteristics by 25%. The model will be run for all 119 profile lines within the County. With 24 storm events per profile, a total of 2,856 model runs will be performed. The pre and post-storm profiles will be compared for each storm event and the most landward reduction in profile height by 0.5 feet and 1.0 feet identified. This will be translated to a plan view location within a GIS map. Thus an area of expected "land loss" and expected damage can be estimated for each return interval. CPE will calculate the expected land loss and the associated land value along the length of the County. CPE will include the expected damage costs on a structure by structure basis if the County can provide, in GIS format, structure values and locations. It is beyond the scope of this work to digitize the outline of each structure and match its value from County Property records. This additional effort would provide a more accurate assessment of projected damage but is 35 (Aw a unlikely to alter the overall findings of the analysis. If this is required, CPE can provide an additional cost to develop this data suitable for incorporation into the analysis. Task 7: Storm Damage Reduction Analysis The analysis of potential storm damages will be followed by an evaluation of the size of a beach fill that would be required to eliminate the potential damage identified with a particular storm return interval. For example, if 5 structures in a given shoreline reach are identified as possibly being impacted by a storm with a 10-year return interval, SBEACH would be rerun to determine the size of a beach fill that would be needed to eliminate that potential threat. This process will be repeated for each storm and each reach for which potential damages are indicated. The outcome of this analysis will be a list of beach fill dimensions needed in each reach to eliminate storm damage threats to structures for every storm return interval deemed to pose a potential threat. The results of this analysis can be used to formulate a beach nourishment strategy that would seek to equalize the magnitude of the storm damage risk for the entire County or at least reduce the risk to an acceptable level. The determination of what constitutes an acceptable level of risk would depend on priorities established by the County. This would likely be driven primarily by the cost of implementing a storm damage reduction project. To assist in this determination, CPE will include a range of possible construction costs for beach fill projects that would theoretically eliminate the risk of storm damage in each reach for all the return interval storms included in the analysis. CPE will prioritize higher probability of permitting projects in an effort to minimize costs to the County. Task 8: Recreational Benefit Analysis Information regarding the usage of the beach, and by whom, is a critical aspect of developing a beach management plan. A recreational benefit analysis, combined with the storm damage reduction analysis, will assist the County in determining the economic viability of the various beach management strategies. The State of Florida is starting to incorporate these types of analyses when determining funding for various projects and the Chamber of Commerce can also use these studies to determine the benefit of beaches on the overall economy. The recreational benefit analysis will determine the recreational value of the County's beaches. It is developed by determining the average value of a day at the beach multiplied by the number of days spent on average at the beach. The analysis will also investigate whether the beach goers are tourists or residents. Recreational benefits are difficult to define as use of the beach is free. Thus, the recreational benefit must be defined by asking beach users what they would be willing to pay to visit the beach. While access to the beach is free, there are associated costs such as food, fuel, and lodging. These also contribute to the value of the beach. CPE will assist the County in developing the questionnaires. It is expected that the County will conduct the surveys, which will be one week long and take place once in a summer month and once in a winter month. This will avoid the daily variability in beach usage by including the weekend as well as seasonal variability in the perceived value of the beach visit (tourists may deem the beach more valuable in 36 January than in July). CPE recommends that the County coordinate with the lifeguards and determine if they have any additional data that could be useful to the analysis, such as daily usage rates. The survey will include questions such as where the beach goer lives, if from out of town how long were they staying, how they travelled to the beach, what they enjoyed most about the beach, the length of each beach visit, how often they visited the beach, number of people in their party, daily expenditures associated with visiting the beach, and age and income demographics. CPE will coordinate with the crew administering the survey. Task 9: Economic Analysis The storm damage reduction benefit analysis, recreational benefit analysis and cost of the beach proposed beach strategies will be compiled to provide an overall economic analysis of the benefit of preserving the County's beaches. This analysis will be projected over a 30-year horizon. The economic analysis will also include whether annual maintenance due to storm events is adequately addressed in the long term analysis. While average storm events will be included in the longer term cost and benefit analysis and projects are designed to withstand these, events such as Hurricane Sandy, may require the County to access contingency or reserve funds. Data supplied by the County will be used to determine if annual maintenance within the long term plan is sufficient to address above average storm seasons. Task 10: Funding Alternatives CPE will assist the County in evaluating potential funding options. A discussion of potential funding options will be included in the BPP, including local, State and Federal funding options. A brief discussion of potential local funding options such as a Municipal Services Benefit Unit (MSBU), Municipal Services Taxing Unit (MSTU), Erosion Prevention District (EPD), Independent or Dependent Special Taxing Districts or parking fees will be included. A 10-year funding strategy will be included in this section. This will include an estimate of proposed construction costs along with monitoring costs. Task 11: Implications of Sea Level Rise Sea level rise is becoming a more prominent public concern. A section of the BPP will be dedicated to discussing sea level rise as it relates to the management strategies and how the County can include sea level rise in their planning efforts. This discussion will be restricted to the impacts of sea level rise on the proposed beach management strategies. Impacts of sea level rise to infrastructure close to the beach will be included in the vulnerability analysis. A broader discussion on how sea level rise could affect drainage, water supply, etc. is beyond the scope of this effort. Task 12: Memorandum of Understanding with Sebastian Inlet District Relative to future management strategies for Sectors 1, 2 and 3, County staff include the Memorandum of Understanding (MOU) between the County and the Sebastian Inlet District in the updated Beach Preservation Plan. 37 Task 13: Plan Formulation and Deliverables Based on the above tasks (1-12), CPE will prepare a Draft Beach Preservation Plan for County staff review. The Plan will be consistent with FDEP Erosion Control Program guidelines, and maximize potential for State funding for erosion control projects. The Plan will include sections describing: 1) The locally preferred alternatives consistent with Florida statutes for addressing or abatement of beach erosion in each sector, 2) The necessary restoration and maintenance activities over the next ten years, 3) A 10-year funding strategy, including post storm recovery budget recommendations. CPE will review the Draft Plan with the County and make appropriate revisions as may be identified by the County. CPE will meet with the Beach Committee to present the results of the above tasks (as described in Task 2). CPE will incorporate revisions to the Draft Plan as may be identified and directed by the County. CPE will assist the County staff in presenting the results of the study to the Board of County Commissioners. Following Board review and appropriate action, CPE will provide three (3) hard copies and one (1) electronic copy(MS Word and PDF)of the Final BPP update. Timeline A draft schedule of main work and deliverables is provided in Table 1. The schedule is based on a Notice to Proceed Date in September. However, the schedule is still achievable, barring any unforeseen circumstances, if this date slides. The critical path item is the summer beach survey and incorporation of that data into the economic analysis and draft BPP report. Table 1. Anticipated Project Schedule Description Start Date Anticipated Completion Date Notice to Proceed Oct-13 Update of Beach Conditions Oct-13 Oct-13 Planning Charette Nov-13 Delft3D Calibration Oct-13 Feb-14 Delft3D Production Runs Feb-14 Mar-14 Delft3D Draft Report Mar-14 Apr-14 Vulnerability Analysis Oct-13 Jan-14 Storm Damage Reduction Analysis Jan-14 Feb-14 Recreational Benefit Analysis Oct-13 Jun-14 Economic Analysis Feb-14 Jun-14 Draft BPP Report Jul-14 Comment Period Jul-14 Aug-14 Final BPP Report Sep-14 38 Cost The cost for development of the BPP is a lump sum cost of $229,841.00. A breakdown of the hours and expenses to develop these costs is attached. All work will be performed follow the provisions of the Professional Coastal Engineering Services Agreement, dated March 19, 2013, between Indian River County and Coastal Planning & Engineering, A CB&I company. Summary We appreciate the opportunity to work with Indian River County on this effort and recognize the importance of the Beach Preservation Plan for the future of Indian River County's beaches. It is proposed to complete this work within 1 year of issuance of a notice to proceed. The cost of the work is a lump sum of$2 9,841.00. Sincerely l don Thomson Vice President Coastal Planning& Engineering, Inc. Please Reply To: Gordon Thomson Phone: 561.361.3147 E-Mail Address: Gordon.Thomson(WCBI.com cc: Tom Campbell, CPE David Swigler, CPE Tom Pierro, CPE Sheri Dindial, CPE Ann Range, CB&I FAMarketingl ProposalslFlorida CountlesVndlan River12012 Ind an River County\WO#3-Beach Preservation PlanlProposal-Gray- Work Order#3-Beach Preservation Plan-8-29-13.docx 39 EXHIB�t 2 TABLE 2 - SUMMARY OF COSTS INDIAN RIVER COUNTY BEACH PRESERVATION PLAN WORK ORDER#3 TASK DESCRIPTION Task Order Cost 1 UPDATE OF BEACH CONDITIONS $18,858 2 PUBLIC MEETINGS $8,876 3 SECTOR BOUNDARIES AND BEACH MGMT STRATEGIES $23,018 4 PUBLIC ACCESS INVENTORY $1,651 5 COASTAL MODELING-DELFT313 ALTERNATIVES ANALYSIS $123,724 6 COASTAL MODELING-VULNERABILITY ANALYSIS $33,956 7 STORM DAMAGE REDUCTION ANALYSIS $8,591 8 RECREATIONAL BENEFIT ANALYSIS $3,524 9 ECONOMIC ANALYSIS $3,994 10 FUNDING ALTERANTIVES $2,568 11 IMPLICATIONS OF SEA LEVEL RISE $1,081 MAXIMUM WORK ORDER COST[__ $229,841 Cost Breakdown-WO#3-8-27-13 CD CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director FROM: Christopher J. Kafer,Jr., P.E., County Engine SUBJECT: Selection of Firms for Continuing Envir nmental and Biological Support Services for Civil and Environmental Engineering Projects and Approval of Agreements RFQ# 2013044 IRC Project No. 1334 DATE: September 26, 2013 DESCRIPTION AND CONDITIONS On August 20, 2013 the Board of County Commissioners approved the three (3) firms selected for the continuing Environmental and Biological Support Services for Civil and Environmental Engineering Projects with Indian River County. This contract is for two (2) years with an option for one additional two-year extension at the county's discretion. County staff has negotiated standard fee schedules and the"master"agreement with each individual firm on the selection list. The fee schedule(s) reflect fair and competitive rates for comparable professional services and tasks.These fees will be the basis for individual projects and work orders. The selected firms below have accepted the "master"agreement and submitted fee schedules that have been accepted by reviewing staff: G.K. Environmental, Inc. Vero Beach, Florida Kimley-Horn &Associates, Inc. Vero Beach, Florida Cardno ENTRIX Vero Beach, Florida FUNDING Funding sources for continuing environmental and biological support services will vary,depending on the type of project and the associated County Division. Staff will provide funding information for each project any time a work order under these contracts is submitted for Board approval. HPubhc Works\ENGINEERING DIVISION PROJECTSU 334 2013-2015 RFQ Cont 1 nvuvn and Bio Support ServicesWdminlagenda items\BCC agcnda memo 09-26-2013 Agreements.doc 41 PAGE TWO BCC Agenda October 8,2013 Christopher J. Kafer,Jr.,P.E.,County Engineer RECOMMENDATION Staff recommends approval of the attached fee schedules and agreements between the County and the three (3) firms selected and further requests the Board to authorize the Chairman to execute the agreements. ATTACHEMENTS 1. G.K. Environmental, Inc.Agreement and Fee Schedules 2. Kimley-Horn&Associates, Inc.Agreement and Fee Schedules 3. Cardno ENTRIX Agreement and Fee Schedules DISTRIBUTION 1. Keith McCully, P.E.,Stormwater Engineer 2. James Gray,Coastal Engineer 3. Andrew Sobczak,Senior Planner 4. Roland DeBlois, Environmental &Code Enforcement Chief 5. Selected Firms APPROVED AGENDA ITEM FOR October 8,2013 Indian River County App Date t Administration D a3 N BY 7 lb/.Z/`1 Budget Legal ID- I - t Purchasing 'D Z 1 3 Public Works I O t^ 13 Engineering FAPublic Works\ENGINEERING DIVISION PROJLCi'S\1334 2013-2015 RFQ Cont Environ and Bio Support Scrvices\Admm\agenda itrms\BCC agenda memo 09-26-2013 Agreements.doc 42 CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL AND BIOLOGICAL SUPPORT SERVICES THIS CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL AND BIOLOGICAL SUPPORT SERVICES ("Agreement"), entered into as of this day of , 2013 by and between INDIAN RIVER COUNTY, a political Subdivision of the State of Florida, ("COUNTY") , and G. K. ENVIRONMENTAL, INC., ("CONSULTANT"). BACKGROUND RECITALS: A. In compliance with the Consultants'Competitive Negotiation Act, Section 287.055, Florida Statutes, the COUNTY has selected the CONSULTANT to provide certain environmental and biological support services for various and sundry civil and environmental engineering projects("Services"). B. The CONSULTANT is willing and able to perform the Services for the COUNTY on the terms and conditions set forth below; and C. The COUNTY and the CONSULTANT wish to enter into this Agreement for the CONSULTANT's Services for various and sundry civil and environmental engineering projects. NOW THEREFORE, in accordance with the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: 1.GENERAL 1.1 Professional services provided by the CONSULTANT for the COUNTY shall be identified in individual Work Orders prepared by the COUNTY. Purchase Orders may be issued by the COUNTY and approved through the MUNIS system for proposed services that total less than $15,000.00. For proposed services $15,000.00 and over, Work Orders shall be issued and approved by the Indian River County Board of County Commissioners. For the purpose of this document, Purchase Order shall be defined as a Work Order, however the amount will be less than $15,000.00. Work Orders shall be performed in a timely, efficient, cost effective manner, and in accordance with current professional standards. Work Orders shall include a description of services to be performed; a statement of fees; a schedule of deliverables; proposed schedule for compensation and whether compensation is lump sum, maximum amount not-to-exceed, task based, or any combination of the foregoing; a budget establishing the amount of compensation to be paid with sufficient detail so as to identify all of the various elements of costs; a projected schedule for completion of the work to be performed by the CONSULTANT; and any other additional instructions or provisions relating to the specific Services authorized pursuant to each Work Order that does not conflict with the terms of this Agreement. C:\Documents and SettingsVwili:ams\Local Settings\Temporary Internet Files\Conte,nt.0utlook\U08CATSB\CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL AND BIOLOGICAL SUPPORTSERVICES GK ENV.doc P a g e I 1 43 1.2 Whenever the term "Work Order" is used herein, it is intended to mean that formal document that is dated; serially numbered; and executed by both the COUNTY and the CONSULTANT by which the COUNTY accepts CONSULTANT's proposal for specific services and CONSULTANT indicates a willingness to perform such specific services for the terms and under the conditions specified in this Agreement. Each Work Order must be fully executed by the COUNTY prior to issuance of the related Notice-to-Proceed. 1.3 Services related to any individual Work Order which would increase, decrease or which are otherwise outside the scope of Services or level of effort contemplated by a Work Order shall be Services for which the CONSULTANT must obtain the prior written approval of the COUNTY as provided by this Agreement. All terms for the performance of such Services must be agreed upon in a written document prior to any deviation from the terms of a Work Order; and when properly authorized and executed by both the CONSULTANT and the COUNTY, shall become an amendment to the Work Order or a new Work Order, at the sole option of the COUNTY. A separate Notice-to-Proceed may, at the sole option of the COUNTY, be given for each phase of the services contained in any Work Order hereunder. 1.4 A Work Order shall not give rise to any contractual rights until it meets the foregoing requirements. Each written Notice-to-Proceed and specific Work Order, as approved by the COUNTY, shall be an addendum to this Agreement. Nothing contained in any Work Order shall conflict with the terms of this Agreement, and the terms of this Agreement shall be deemed to be incorporated into each individual Work Order as if fully set forth therein. 1.5 A schedule of current hourly billing rates is set forth in Exhibit 1 attached to this Agreement and made a part hereof by this reference. These hourly billing rates will remain effective for the duration of this Agreement. 1.6 No representation or guarantee is made by Indian River County as to the minimum or maximum dollar value, volume of work, or type of work, if any,that CONSULTANT will receive during the term of this Agreement. 1.7 The Background Recitals are true and correct and form a material part of this Agreement. 2. COUNTY OBLIGATIONS 2.1 The COUNTY will provide the CONSULTANT with a copy of any preliminary data or reports available as required in connection with the work to be performed under this Agreement, together with all available drawings, surveys, right-of-way maps, and other documents in the possession of the COUNTY pertinent to a Project. The CONSULTANT shall satisfy itself as to accuracy of any data provided. The CONSULTANT is responsible for bringing to the COUNTY's attention, for the County's resolution, material inconsistencies or errors in such data that come to the CONSULTANT'S attention. C:\Documents and Settings\}wllllams\Local Settings\Temporary Internet F,les\Content.0utlook\UD8CAT58\CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL AND BIOLOGICAL SUPPORT SERVICES GK ENV doc P a g e 12 44 2.2 The COUNTY shall arrange for access to, and make provisions for the CONSULTANT to enter upon, public and private property(where required)as necessary for the CONSULTANT to perform its Services, upon timely written request of CONSULTANT to COUNTY. 2.3 The COUNTY shall promptly execute all permit applications necessary to the Project. 2.4 The COUNTY shall examine any and all studies, reports, sketches, drawings, specifications,proposals and other documents presented by the CONSULTANT, and render, in writing,decisions pertaining thereto within a reasonable time. 2.5 Approval by the COUNTY of any of the CONSULTANT's work, including but not limited to drawings, design specifications, written reports, or any work products of any nature whatsoever furnished hereunder, shall not in any way relieve the CONSULTANT of responsibility for the technical accuracy and adequacy of the work. Neither the COUNTY's review, approval or acceptance of, or payment for, any of the Services furnished under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.The CONSULTANT shall be and remain liable in accordance with all applicable laws for all damages to the COUNTY caused by the negligent performance by the CONSULTANT of any of the Services furnished under this Agreement. 2.6 The COUNTY reserves the right to appoint one or more Project Managers for the specific Services in connection with any Work Order. The Project Manager shall: (a)act as the COUNTY's agent with respect to the Services rendered hereunder; (b)transmit instructions to and receive information from the CONSULTANT; (c) communicate the COUNTY's policies and decisions to the CONSULTANT regarding the Services; and (d) determine, initially, whether the CONSULTANT is fulfilling its duties, responsibilities, and obligations hereunder. 2.7 The COUNTY shall give prompt written notice to the CONSULTANT whenever the COUNTY observes or otherwise becomes aware of any development that affects the timing or delivery of the CONSULTANT's Services. If the CONSULTANT has been delayed in completing its Services through no fault or negligence of either the CONSULTANT or any sub-consultant, and, as a result, will be unable to perform fully and satisfactorily under the provisions of this Agreement, then the CONSULTANT shall promptly notify the Project Manager. In the COUNTY's sole discretion, and upon the submission to the COUNTY of evidence of the causes of the delay, the Work Order shall be modified in writing as set forth in this Agreement, subject to the COUNTY'S rights to change, terminate, or stop any or all of the Services at any time In accordance with this Agreement. C.\Documents and Settings\1williarns\Local Settings\Temporary Internet Files\ConteM.Outlook\UOSCATSB\CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL AND BIOLOGICAL SUPPORT SERVICES GK ENV.doc Page 13 45 0 2.8 The CONSULTANT shall not be considered in default for a failure to perform if such failure arises out of causes reasonably beyond the CONSULTANT's control and through no fault or negligence of the CONSULTANT. The parties acknowledge that adverse weather conditions, acts of God, or other unforeseen circumstances of a similar nature, may necessitate modifications to this Agreement. If such conditions and circumstances do in fact occur, then the COUNTY and CONSULTANT shall mutually agree, in writing, to the modifications to be made to this Agreement. 3. RESPONSIBILITIES OF THE CONSULTANT 3.1 The CONSULTANT agrees to perform all necessary environmental and biological support services, and other Services in connection with the assigned Project(s) as set forth in the Work Orders and in this Agreement. 3.2 The CONSULTANT will endeavor not to duplicate any previous work done on any Project. Before execution of a Work Order, the CONSULTANT shall consult with the COUNTY to clarify and define the COUNTY's requirements for the Project. 3.3 The CONSULTANT agrees to complete the Project within the time frame specified in the Work Order. 3.4 The CONSULTANT will maintain an adequate staff of qualified personnel. 3.5 The CONSULTANT will comply with all present and future federal, state, and local 4L laws, rules, regulations, policies, codes, and guidelines applicable to the Services performed under this Agreement. R 3.6 The CONSULTANT, as a part of the consideration hereof, does hereby covenant and agree that: (1) in connection with the furnishing of Services to the COUNTY hereunder, no person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in regard to the services to be performed by CONSULTANT under this Agreement on the grounds of such person's race, color, creed, national origin, religion, physical disability, age, or sex; and(2)the CONSULTANT shall comply with all existing requirements concerning discrimination Imposed by any and all applicable local, state, and federal rules, regulations, or guidelines; as such rules, regulations, or guidelines may be from time to time amended. 3.7 The CONSULTANT shall during the entire term of this Agreement, procure and keep in full force, effect, and good standing any and all necessary licenses, registrations, certificates, permits, and any and all other authorizations as are required by local, state, or federal law, in order for the CONSULTANT to render its Services as described in this Agreement. The CONSULTANT shall also require all sub-consultants to comply by contract with the provisions of this section. CADocuments and Settings\Iwilliams\Local Settings\Temporary Internet Files\Content.Outlook\UO8CATSB\CONTINUING CONTRACT AGREEMENT for ENVIRONMI NTAL AND BIOLOGICAL SUPPORT SERVICES GK ENV.doc P a g e 14 46 3.8 The CONSULTANT will prepare all necessary sketches and completed application forms to accompany the COUNTY's applications for any required federal, state, or local permits. The CONSULTANT will reply, in writing, to all regulatory agencies' requests for additional information related to a permit application. The CONSULTANT will document all meetings, conversations, etc. with permitting agencies. The CONSULTANT will provide the COUNTY with copies of all permit applications, including attachments, and all related correspondence. The CONSULTANT acknowledges that preparation of all applicable permits for the COUNTY's submittal to regulatory agencies, and the CONSULTANT's written responses to all regulatory agencies' questions until the permit is issued or denied, are included within the scope of basic compensation in each particular Work Order. No additional service work related to permitting will be approved for any reason, except in the case where new permitting requirements become effective after the effective date of a Work Order. 3.9 The CONSULTANT will cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. 3.10 The CONSULTANT will cooperate and coordinate with other COUNTY CONSULTANTs, as directed by the COUNTY. 3.11 The CONSULTANT shall report the status of the Services under this Agreement to the County Project Manager upon request and hold all drawings, calculations and related work open to the inspection of the County Project Manager or his authorized agent at any time, upon reasonable request. 3.12 All documents, reports, tracings, plans, specifications,field books, survey notes and information, maps, contract documents, and other data developed by the CONSULTANT for the purpose of this Agreement, are and shall remain the property of the COUNTY. The foregoing items will be created, maintained, updated, and provided in the format specified by the COUNTY. When all work contemplated under this Agreement is complete, all of the above data shall be delivered to the County Project Manager. 3.13 The CONSULTANT will confer with the COUNTY during the further development of improvements for which the CONSULTANT has provided design or other services, and the CONSULTANT will interpret plans and other documents; correct errors and omissions; and prepare any necessary plan revisions not involving a change in the scope of the work required, at no additional cost to the COUNTY, within thirty (30) calendar days of notice by the COUNTY, or upon a determination of the CONSULTANT of the existence of such errors or omissions, whichever event shall first occur. The foregoing is not intended to include construction management services provided by the CONSULTANT. 3.14 The CONSULTANT agrees to maintain complete and accurate books and records ("Books"), in accordance with sound accounting principles and standards for all Services, costs,and expenditures under this Agreement. The Books shall identify the C:\Documents and Settings\jym,ams\Locai settings\Temporary Intemet flles\Conten..Outlook\UOBCATSB\CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL AND BIOLOGICAL SUPPORT SERVICES GK ENV.doc P r. ' e 15 47 Services rendered during each month of the Agreement and the date and type of each Project-related expense. The COUNTY shall have the right at any reasonable time and through any of its designated agents or representatives, to inspect and audit the Books for the purpose of verifying the accuracy of any invoice. The CONSULTANT shall retain the Books, and make them available to the COUNTY as specified above, until the later of three (3) years after the date of termination of this Agreement, or such longer time if required by any federal, state, or other governmental law, regulation, or grant requirement. 3.15 The CONSULTANT shall not assign or transfer any work under this Agreement without the prior written consent of the COUNTY.When applicable and upon receipt of such consent from the COUNTY, the CONSULTANT shall cause the names of the engineering and surveying firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data. 3.16 All documents, including but not limited to drawings and specifications, prepared by the CONS ULTANT pursuant to this Agreement are related exclusively to the Services described herein and are not intended or represented to be suitable for reuse by the COUNTY or others on any other project. Reuse of any document or drawing shall be at the COUNTY's own risk. The CONSULTANT shall not be held liable for any modifications made to the documents by others. ® 4.TERM; DURATION OF AGREEMENT 4.1 This Agreement shall remain in full force and effect for a period of two (2)years after the date of execution thereof, or until completion of all project phases as defined by the COUNTY, whichever occurs first, or unless otherwise terminated by mutual consent of the parties hereto, or terminated pursuant to Section 8 "Termination," This Agreement may be extended for one additional two(2)year renewal at the discretion of the County. 5. COMPENSATION 5.1 The COUNTY shall pay to the CONSULTANT a mutually agreed upon lump sum or maximum amount not-to-exceed professional fee for each task in the Work Order, to be paid in monthly installments or on a deliverable basis, all as set forth in a Wont Order. Duly certified invoices, in triplicate, phased as per the Work Order, shall be submitted to the County Project Manager, in detail sufficient for proper prepayment and post payment audit. Upon submittal of a proper invoice the County Project Manager will determine if the tasks or portions thereof have been satisfactorily completed. Upon a determination of satisfactory completion, the County Project C:\Documents and SettingsVw Illams\Local Settings\Temporary Internet Files\Content.0utlook\UO8CATSB\CONTINUING CONTRACT AGREEMENT for ENVIRONM NTAL AND BIOLOGICAL SUPPORT SERVICES GK ENV.doc Page 16 48 Manager will authorize payment to be made.All payments for services shall be made to the CONSULTANT by the COUNTY in accordance with the Florida Prompt Payment Act, as may be amended from time to time(Section 218.70, Florida Statutes, et seq.). 5.1.1 The CONSULTANT shall include on the invoices any identifiable per diem, meals and lodgings, taxi fares and miscellaneous travel-connected expenses for CONSULTANT's personnel subject to the limitations of F. S. section 112.061, as may be amended from time to time. Travel expenses, if any, shall not be on a direct pay basis by the COUNTY. Notwithstanding the foregoing, the CONSULTANT acknowledges and agrees that it will not be reimbursed for any travel within Indian River County, both after a CONSULTANT arrives from outside of Indian River County, and where a CONSULTANT maintains an office in Indian River County. 5.1.2 The COUNTY shall make direct payment of all permit fees paid to regulatory agencies for approvals directly attributable to the Services under the Project. These permit fees do not include those permits required for any construction contractor. 5.2 The COUNTY may at any time notify the CONSULTANT of requested changes to the Services under an existing Work Order, and thereupon the COUNTY and the CONSULTANT shall execute a mutually agreeable amended Work Order or a new Work Order. 5.3 The COUNTY shall have the sole right to reduce or eliminate, in whole or in part, any portion of the Services under any Work Order at any time and for any reason, upon written notice to the CONSULTANT specifying the nature and extent of the reduction. In such event, the CONSULTANT shall be paid for the Services already performed and also for the Services remaining to be done and not reduced or eliminated, upon submission of invoices as set forth in this Agreement. 5.4 The COUNTY may, at any time and for any reason, direct the CONSULTANT to suspend Services, in whole or in part under this Agreement. Such direction shall be in writing, and shall specify the period during which Services shall be stopped. The CONSULTANT shall resume its Services upon the date specified, or upon such other date as the COUNTY may thereafter specify in writing. Where the COUNTY has suspended the Services under this Agreement for a period in excess of six (6) months, the compensation of CONSULTANT for such suspended Services may be subject to modification. The period during which the Services are stopped by the COUNTY shall be added to the time of performance of this Agreement. 6.ADDITIONAL WORK 6.1 If services in addition to the Services provided hereunder are required or desired by the County in connection with the Project, the COUNTY may, at the sole option of the COUNTY: separately obtain same outside of this Agreement; or request the CONSULTANT to provide, either directly by the CONSULTANT or by a sub 7 C\Documents and Settings\jwilliams\Local Settings\Temporary Internet Files\Content.Gutlook\UOBCAT5B\CON1INUING CONTRACT AGREEMENT for ENVIRONK NTAL AND BIOLOGICAL SUPPORT SERVICES GK ENV.doc P a g e 17 49 consultant, such additional services by a new Work Order or by a written amendment to a specific Work Order. 7. INSURANCE AND INDEMNIFICATION 7.1 The CONSULTANT shall not commence work on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the County's Risk Manager. 7.2 CONSULTANT shall procure and maintain, for the duration of this Agreement, the minimum insurance coverage as set forth herein. The cost of such insurance shall be included in the CONSULTANT's fee: 7.2.1 Workers' Compensation: Workers' Compensation as required by the State of Florida. Employers' Liability of $100,000 each accident, $500,000 disease policy limit, and $100,000 disease each employee. 7.2.2 General Liability: commercial general liability coverage, including contractual liability and independent contractor, with a minimum combined single limit of $300,000 per occurrence. 7.2.3 Business Automobile Liability: owned, hired, and non-owned vehicles at a minimum combined single limit of$300,000 per occurrence. 7.2.4 Professional Liability Insurance: providing coverage for negligent acts, errors, or omissions committed by CONSULTANT with a limit of $1,000,000 per claim/annual aggregate. This insurance shall extend coverage to loss of interest, earning, profit, use, and business interruption, cost of replacement power, and other special, indirect, and consequential damages. 7.3 CONSULTANT's insurance coverage shall be primary. 7.4 All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best's rating of A VII or better. 7.5 The insurance policies procured shall be occurrence forms, not claims made policies with the exception of professional liability. 7.6 A certificate of insurance shall be provided to the County's Risk Manager for review and approval, ten (10) days prior to commencement of any work under this Agreement. The COUNTY shall be named as an additional insured on all policies except workers' compensation and professional liability. C:\Documents and Settings\lwlliiams\Local Settings\Temporary Internet Files\Content.Outlook\UOSCATSB\CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL AND BIOLOGICAL SUPPORT SERVICES GK ENV.doc Page 18 50 7.7 The insurance companies selected shall send written verification to the County Risk Manager that they will provide 30 days prior written notice to the County Risk Manager of its intent to cancel or modify any required policies of insurance. 7.8 CONSULTANT shall include all sub-consultants as insured under its policies or shall furnish separate certificates and endorsements for each subconsultants. All coverages for sub-consultants shall be subject to all of the requirements stated herein. 7.9 The COUNTY, by and through its Risk Manager, reserves the right periodically to review any and all policies of insurance and reasonably to adjust the limits of coverage required hereunder, from time to time throughout the term of this Agreement. In such event, the COUNTY shall provide the CONSULTANT with separate written notice of such adjusted limits and CONSULTANT shall comply within thirty(30)days of receipt thereof.The failure by CONSULTANT to provide such additional coverage shall constitute a default by CONSULTANT and shall be grounds for termination of this Agreement by the COUNTY. 7.10 The CONSULTANT shall indemnify and hold harmless the COUNTY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and other persons employed or utilized by the CONSULTANT in the performance of this Agreement. 8.TERMINATION 8.1 This Agreement may be terminated: (a)by the COUNTY,for any reason, upon thirty(30) days'prior written notice to the CONSULTANT; or(b)by the CONSULTANT,for any reason, upon thirty(30)days' prior written notice to the COUNTY; or(c)by the mutual Agreement of the parties; or d)as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released. 8.2 In the event of termination by the COUNTY, the COUNTY's sole obligation to the CONSULTANT shall be payment for those portions of satisfactorily completed work previously authorized by approved Work Order. Such payment shall be determined on the basis of the hours of work performed by the CONSULTANT, or the percentage of work complete as estimated by the CONSULTANT and agreed upon by the COUNTY up to the time of termination. In the event of such termination, the COUNTY may, without penalty or other obligation to the CONSULTANT, elect to employ other persons to perform the same or similar services. 8.3 The obligation to provide services under this Agreement may be terminated by either party upon seven (7)days prior written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the C:\Documents and Settings\lwilliams\Local Settings\Temporary Internet Files\Content.Outlook\UOBCATSB\CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL AND BIOLOGICAL SUPPORTSERVICES GK ENV.doc P a g e 19 51 terminating party. 8.4 In the event that the CONSULTANT merges with another company, becomes a subsidiary of, or makes any other substantial change in structure, the COUNTY reserves the right to terminate this Agreement in accordance with its terms. 8.5 In the event of termination of this Agreement, the CONSULTANT agrees to surrender any and all documents prepared by the CONSULTANT for the COUNTY in connection with this Agreement. 8.6 The COUNTY may terminate this Agreement for refusal by the CONSULTANT to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 Florida Statutes and made or received by the CONSULTANT in conjunction with this Agreement. 8.7 The COUNTY may terminate this Agreement in whole or in part if the CONSULTANT submits a false invoice to the COUNTY. 9.TRUTH-IN-NEGOTIATION CERTIFICATE: CONTINGENCY FEES. 9.1 Execution of this Agreement by the CONSULTANT shall act as the execution of a truth- in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement and no higher than those charged the CONSULTANT's most favored customer for the same or substantially similar service. The wage rates and costs shall be adjusted to exclude any significant sums should the COUNTY determine that the wage rates and costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside CONSULTANTs. The COUNTY shall exercise its rights under this "Certificate" within one (1) year following final payment. COUNTY has the authority and right to audit CONSULTANTS records under this provision. The COUNTY does not hereby waive any other right it may have pursuant to Section 287.055, Florida Statutes,as it may be from time-to-time amended. 9.2 Pursuant to the CONSULTANTS' Competitive Negotiation Act, Section 287.055, Florida Statutes, the CONSULTANT warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage fee, gifts or any other considerations, contingent upon or resulting from the award or making of this contract. For breach of violation of this provision, the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage,gift,or consideration. 10. MISCELLANOUS PROVISIONS 10.1 independent Contractor. It is specifically understood and acknowledged by the C:\Documents and Settings\Jwdllams\Local Settings\Temporary Intemet Files\Content.Outlook\UD8CATSB\CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL AND BIOLOGICAL SUPPORTSERVICES GK ENV.doc v a g e I So 52 parties hereto that the CONSULTANT or employees or sub-consultants of the CONSULTANT are in no way to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise. 10.2 Merger; Modification, This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the CONSULTANT and the COUNTY. 10.3 Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.4 Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at iaw or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent delinquency or default.A party's waiver of one or more defaults does not constitute a waiver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 10.5 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 11 C:\Documents and Settings\iwilliams\Local Settings\Temporary Internet Files\Content.Outlook\U08CATSB\CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL AND BIOLOGICAL SUPPORT SERVICES GK ENV doc P a g e 111 53 10.6 Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 10.7 No Pledge of Credit. The CONSULTANT shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. 10.8 Public Records. The CONSULTANT shall comply with the provisions of Chapter 119, Florida Statutes(Public Records Law) in connection with this Agreement. 10.9 Survival. Except as otherwise expressly provided herein, each obligation In this Agreement to be performed by CONSULTANT shall survive the termination or expiration of this Agreement. 10.10 Construction. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the parties or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement. 10.11 Counterparts.This Agreement may be executed in one or more counterparts,each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. [Remainder of page intentionally left blank;signature page to follow.] 12 C:\Documents and SettingsVwdllams\Local Settjn;s\Temporary Internet ales\COntent.Outiook\UDSCATSB\CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL AND BIOLOGICAL SUPPORT SERVICES GK ENV.doc P a g e 111 54 IN WITNESS WHEREOF the parties hereto have executed these presents this day of _ , 2013. G.K. ENVIRONMENTAL INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS r BY. BY: Georg I ' Joseph E. Flescher, Chairman Board of County Commissioners Title: President Approved by the BCC: WITNESS: ATTEST: Jeffrey R. Smith Clerk of Court& Comptroller NAME: ca�� LC C Z C(it BY: DEPUTY CLERK OF COURT co-"O.�' 4 (&X JOSEPH A. BAIRD llzj� DMIN RAT )I, DYLAN REIN( D COUNTY ATTORNEY C:\Documents and Settings\williams\Local Settings\Temporary Internet Files\Content.Outlook\U08CAT5B\CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL AND BIOLOGICAL SUPPORT SERVICES GK ENV.doc P a g e 113 55 ® G. K. ENVIRONMENTAL, INC. Environmental Consulting GEORGE R.KULC7_YCKI,CI C,CB,CLI 155 McKee Lane Vero Beach,FL 32960 Phone 772-567-9129 Fax 772-567-6245 Email Rkc(r�mc.com G. K. Environmental, Inc. Fee Schedule & GKE Subcontractor Fee Schedule 10/1/13-9/30/15 G. K. Environmental,Inc. Fee Schedule President, Principal Ecologist........................................................... $120.00/hour(or lump sum) Administrative Assistance................................................................. $ 45.00/hour(or lump sum) GKE boat/fuel/associated sampling equipment............................ $ 65.00/hour(or lump sum) Phase I Audits/Environmental Site Assessments...................... GKE Standard Fee: (includes historic aerial site reviews/onsite inspections, $2,975.00(<5.0 acre site) and evaluations of hazardous waste,preliminary endangered& threatened species, and approximate wetland locations) GKE reimbursement expenses............................................. photo b/w copies$0.15; photo color copies$0.45; postage:per postage invoice G. K.Environmental,Inc. Subcontractor Coordination and Supervision Services Fee Schedule Landscape&Maintenance Service......................................... per bid/event Archaeological Service...................................................... per bid/event CADOperator..................................................................................... $ 70.00 per hour Field Assistant I. ................................................................................ $ 40.00 per hour Field Assistant Il Biologist/Chemist.. $ 75.00 per hour A� �0 ) September 30, 2013 G rge R. tilcryc &ZI t, cip ologist Date 56 VIV, EMPIRE ENVIRONME.NIAL ATTACHMENT C RATE SHEET Rates effective October 1,2013 through September 30,2015. Principal $160.00/hr. Computer Time/Techni cian $ 75.00/hr. Secretarial $45.00/hr. The cost of a Phase 11 Environmental Site Assessment will be based on hourly rates,as well as costs for laboratory,drillers,surveyors,and other sub-contractors. (W 2935 SF Grin Park 1ka) Coe)rnminulinn Assrssn i-ws. (772)287-0529 Stuart.T'L 34997 F n•iynmriidid Audils,PcrnyWin (800)344-1087 gyri.%w.empireemirci.com Far(772)220-6619 57 ■ priI-ANAMERICAN CONSULTANTS NC. __1ffi Contract Holder Terrestrial Archaeology•Architectural History•Maritime Archaeology Dear Mr. Kulczycki, The following is a rate sheet for labor categories. I have put a daily rate for equipment on the following page. If you need anything else from us,please contact me. Thank you, Steven Meredith Southeastern Regional Director Senior Archaeologist LABOR CATEGORY HOURLY RATE DAILY RATE Project Manager $108.17 $865.36 Principal Investigator $73.15 $585.20 Administrative Assistant $37.88 $303.04 Senior Archaeologist $60.71 $485.68 Senior Architectural Historian $62.87 $502.96 Draftsperson/CAD Specialist III $40.84 $326.72 Editor $54.87 $438.96 Field Technician I $43.75 $350.00 Field Technician 11 $50.00 $400.00 GIS Technician $52.13 $417.04 Laboratory Director $45.72 $365.76 Laboratory Technician $30.96 $247.68 Underwater Archaeologist $73.65 $589.20 Remote Sensing Specialist $67.36 $538.88 Archaeological Diver $50.95 $407.60 2301 Paul W Bryant Drive-Tuscaloosa,Alabama 35401 Phone(205)556-3096•Fax(205)556-1144 Alabama•Florida•Georgia•New York•Tennessee wwmeanamconsultants.con+ 58 Equipment Rates Generator $40.00 Hydraulic Pump/Dredge/Probe $40.00 Truck $95.00 Jon Boat $150.00 Survey Vessel $500.00 Dive Vessel 2511 $800.00 Dive Vessel 35ft $1,200.00 Ground Penetrating Radar $200.00 Diving Equipment $250.00 GPS Navigation System $200.00 Subbottom Profiler $300.00 Sidescan Sonar $200.00 Land Magnetomer $175.00 Marine Magnetometer $200.00 59 ENVIRONMENTAL Fee Schedule izEvoo SERVICES,INC. 9-23-13 Proposed To: i George R. Kulczycki C.E.C., C.E.S. G.K. Environmental, Inc. 155 McKee Lane Vero Beach, FL 32960 Phone: (772)567-9129 Fax: (772)567-6245 gkena me.com To Whom It May Concern: The purpose of this correspondence is to provide GK Environmental, Inc. with a current Schedule of Fees for the upcoming fiscal year. The following fee schedule is valid for the period of time ranging from September 30, 2013 to October 1, 2015: One (1) Man Crew - $40/hour Four (4) Man Crew - $125/hour Equipment with Operator - $75/hour Assorted Herbicides - per cost of herbicide per specific application Please note that DGC Environmental Services, Inc generally submits project proposals that result in one lump sum. This approach benefits the customer and the contractor as each project is unique in its own way, thereby resulting in a unique price that best suits the scope of work involved. If there are any questions or concerns regarding the fee schedule or the services that DGC Environmental provides, please do not hesitate in contacting us via the information provided on this letterhead. Thank you for the opportunity for us to continue to provide you with quality service. Sincerely, DGC Environmental Services, Inc Sales Division 853 S. King's Highway • Fort Pierce, FL 34945 • OFFICE (772) 467-9224 • FAX (772) 467-9226 E-mail: office(@dgcenvironmental.com 60 CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL AND BIOLOGICAL SUPPORT SERVICES THIS CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL AND BIOLOGICAL SUPPORT SERVICES ("Agreement"), entered into as of this day of , 2013 by and between INDIAN RIVER COUNTY, a political Subdivision of the State of Florida, ("COUNTY") , and KIMLEY-HORN AND ASSOCIATES, INC., ("CONSULTANT"). BACKGROUND RECITALS: A. In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, the COUNTY has selected the CONSULTANT to provide certain environmental and biological support services for various and sundry civil and environmental engineering projects("Services"). B. The CONSULTANT is willing and able to perform the Services for the COUNTY on the terms and conditions set forth below; and C. The COUNTY and the CONSULTANT wish to enter into this Agreement for the CONSULTANT's Services for various and sundry civil and environmental engineering projects. NOW THEREFORE, in accordance with the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. GENERAL 1.1 Professional services provided by the CONSULTANT for the COUNTY shall be identified In individual Work Orders prepared by the COUNTY. Purchase Orders may be issued by the COUNTY and approved through the MUNIS system for proposed services that total less than $15,000.00. For proposed services $15,000.00 and over, Work Orders shall be issued and approved by the Indian River County Board of County Commissioners. For the purpose of this document, Purchase Order shall be defined as a Work Order, however the amount will be less than $15,000.00. Work Orders shall be performed in a timely, efficient, cost effective manner, and in accordance with current professional standards. Work Orders shall include a description of services to be performed; a statement of fees; a schedule of deliverables; proposed schedule for compensation and whether compensation is lump sum, maximum amount not-to-exceed, task based, or any combination of the foregoing; a budget establishing the amount of compensation to be paid with sufficient detail so as to identify all of the various elements of costs; a projected schedule for completion of the work to be performed by the CONSULTANT; and any other additional instructions or provisions relating to the specific Services authorized pursuant to each Work Order that does not conflict with the terms of this Agreement. l F:\Public Works\ENGINEERING DIVISION PROJECTS\1334 2013-2015 RFQ Cont Environ and Bio Support Services\Admin\agenda nems\CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL SERVICES KIMLEY HORN.doc P a g e 11 61 1.2 Whenever the term "Work Order" is used herein, it is intended to mean that formal document that is dated; serially numbered; and executed by both the COUNTY and the CONSULTANT by which the COUNTY accepts CONSULTANT's proposal for specific services and CONSULTANT indicates a willingness to perform such specific services for the terms and under the conditions specified in this Agreement. Each Work Order must be fully executed by the COUNTY prior to issuance of the related Notice-to-Proceed. 1.3 Services related to any individual Work Order which would increase, decrease or which are otherwise outside the scope of Services or level of effort contemplated by a Work Order shall be Services for which the CONSULTANT must obtain the prior written approval of the COUNTY as provided by this Agreement. All terms for the performance of such Services must be agreed upon in a written document prior to any deviation from the terms of a Work Order; and when properly authorized and executed by both the CONSULTANT and the COUNTY, shall become an amendment to the Work Order or a new Work Order, at the sole option of the COUNTY. A separate Notice-to-Proceed may, at the sole option of the COUNTY, be given for each phase of the services contained in any Work Order hereunder. 1.4 A Work Order shall not give rise to any contractual rights until it meets the foregoing requirements. Each written Notice-to-Proceed and specific Work Order, as approved by the COUNTY, shall be an addendum to this Agreement. Nothing contained in any Work Order shall conflict with the terms of this Agreement, and the terms of this Agreement shall be deemed to be incorporated into each individual Work Order as if fully set forth therein. 1.5 A schedule of current hourly billing rates is set forth in Exhibit 1 attached to this Agreement and made a part hereof by this reference. These hourly billing rates will remain effective for the duration of this Agreement. 1.6 No representation or guarantee is made by Indian River County as to the minimum or maximum dollar value, volume of work, or type of work, if any, that CONSULTANT will receive during the term of this Agreement. 1.7 The Background Recitals are true and correct and form a material part of this Agreement. 2. COUNTY OBLIGATIONS 2.1 The COUNTY will provide the CONSULTANT with a copy of any preliminary data or reports available as required in connection with the work to be performed under this Agreement, together with all available drawings, surveys, right-of-way maps, and other documents in the possession of the COUNTY pertinent to a Project. The CONSULTANT shall satisfy itself as to accuracy of any data provided. The CONSULTANT is responsible for bringing to the COUNTY's attention, for the County's resolution, material inconsistencies or errors in such data that come to the CONSULTANTS attention. F:\Pub1cWorks\ENG1NEERING DIVISION PROJECT'S\1334 2013-2015 RFQCont Environ and Bio Support Services\Admin\agenda nems\CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL SERVICES KIMLEY HORN.doc P a g e 12 62 2.2 The COUNTY shall arrange for access to, and make provisions for the CONSULTANT to enter upon, public and private property(where required) as necessary for the CONSULTANT to perform its Services, upon timely written request of CONSULTANT to COUNTY. 2.3 The COUNTY shall promptly execute all permit applications necessary to the Project. 2.4 The COUNTY shall examine any and all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the CONSULTANT, and render, in writing, decisions pertaining thereto within a reasonable time. 2.5 Approval by the COUNTY of any of the CONSULTANT's work, including but not limited to drawings, design specifications, written reports, or any work products of any nature whatsoever furnished hereunder, shall not in any way relieve the CONSULTANT of responsibility for the technical accuracy and adequacy of the work. Neither the COUNTY's review, approval or acceptance of, or payment for, any of the Services furnished under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. The CONSULTANT shall be and remain liable in accordance with all applicable laws for all damages to the COUNTY caused by the negligent performance by the CONSULTANT of any of the Services furnished under this Agreement. 2.6 The COUNTY reserves the right to appoint one or more Project Managers for the specific Services in connection with any Work Order. The Project Manager shall: (a) act as the COUNTY's agent with respect to the Services rendered hereunder; (b)transmit instructions to and receive information from the CONSULTANT; (c) communicate the COUNTY's policies and decisions to the CONSULTANT regarding the Services; and (d) determine, initially, whether the CONSULTANT is fulfilling its duties, responsibilities, and obligations hereunder. 2.7 The COUNTY shall give prompt written notice to the CONSULTANT whenever the COUNTY observes or otherwise becomes aware of any development that affects the timing or delivery of the CONSULTANTs Services. If the CONSULTANT has been delayed in completing its Services through no fault or negligence of either the CONSULTANT or any sub-consultant, and, as a result, will be unable to perform fully and satisfactorily under the provisions of this Agreement, then the CONSULTANT shall promptly notify the Project Manager. In the COUNTY's sole discretion, and upon the submission to the COUNTY of evidence of the causes of the delay, the Work Order shall be modified in writing as set forth in this Agreement, subject to the COUNTY'S rights to change, terminate, or stop any or all of the Services at any time in accordance with this Agreement. FAPublic Works\ENGINEE RING DIVISION PROJECT5\1334 2013-2015 RFO Cont Environ and Bio Support Services\Admin\agenda items\CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL SERVICES KIMLEY HORN.doc P a g e 13 63 N 2.8 The CONSULTANT shall not be considered in default for a failure to perform if such failure arises out of causes reasonably beyond the CONSULTANT's control and through no fault or negligence of the CONSULTANT. The parties acknowledge that adverse weather conditions, acts of God, or other unforeseen circumstances of a similar nature, may necessitate modifications to this Agreement. If such conditions and circumstances do in fact occur, then the COUNTY and CONSULTANT shall mutually agree, in writing, to the modifications to be made to this Agreement. 3. RESPONSIBILITIES OF THE CONSULTANT 3.1 The CONSULTANT agrees to perform all necessary environmental and biological support services, and other Services in connection with the assigned Project(s) as set forth in the Work Orders and in this Agreement. 3.2 The CONSULTANT will endeavor not to duplicate any previous work done on any Project. Before execution of a Work Order, the CONSULTANT shall consult with the COUNTY to clarify and define the COUNTY's requirements for the Project. 3.3 The CONSULTANT agrees to complete the Project within the time frame specified in the Work Order. 3.4 The CONSULTANT will maintain an adequate staff of qualified personnel. 3.5 The CONSULTANT will comply with all present and future federal, state, and local laws, rules, regulations, policies, codes, and guidelines applicable to the Services performed under this Agreement. 3.6 The CONSULTANT, as a part of the consideration hereof, does hereby covenant and agree that: (1) in connection with the furnishing of Services to the COUNTY hereunder, no person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in regard to the services to be performed by CONSULTANT under this Agreement on the grounds of such person's race, color, creed, national origin, religion, physical disability, age, or sex; and (2) the CONSULTANT shall comply with all existing requirements concerning discrimination imposed by any and all applicable local, state, and federal rules, regulations, or guidelines; as such rules, regulations, or guidelines may be from time to time amended. 3.7 The CONSULTANT shall during the entire term of this Agreement, procure and keep in full force, effect, and good standing any and all necessary licenses, registrations, certificates, permits, and any and all other authorizations as_are required by local, state, or federal law, in order for the CONSULTANT to render its Services as described in this Agreement. The CONSULTANT shall also require all sub-consultants to comply by contract with the provisions of this section. P F\Public Works\ENGINEERING DIVISION PROJECT5\1334 2013-2015 RFQ Cont Environ and Bio Support Services\Admin\agenda items\CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL SERVICES KIMLEY HORN.doc P a g e 14 64 3.8 The CONSULTANT will prepare all necessary sketches and completed application forms to accompany the COUNTY's applications for any required federal, state, or local permits. The CONSULTANT will reply, in writing, to all regulatory agencies' requests for additional information related to a permit application. The CONSULTANT will document all meetings, conversations, etc. with permitting agencies. The CONSULTANT will provide the COUNTY with copies of all permit applications, including attachments, and all related correspondence. The CONSULTANT acknowledges that preparation of all applicable permits for the COUNTY's submittal to regulatory agencies, and the CONSULTANT's written responses to all regulatory agencies' questions until the permit is issued or denied, are included within the scope of basic compensation in each particular Work Order. No additional service work related to permitting will be approved for any reason, except in the case where new permitting requirements become effective after the effective date of a Work Order. 3.9 The CONSULTANT will cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. 3.10 The CONSULTANT will cooperate and coordinate with other COUNTY CONSULTANTs, as directed by the COUNTY. 3.11 The CONSULTANT shall report the status of the Services under this Agreement to the County Project Manager upon request and hold all drawings, calculations and related work open to the inspection of the County Project Manager or his authorized agent at any time, upon reasonable request. 3.12 All documents, reports, tracings, plans, specifications, field books, surrey notes and information, maps, contract documents, and other data developed by the CONSULTANT for the purpose of this Agreement, are and shall remain the property of the COUNTY. The foregoing items will be created, maintained, updated, and provided in the format specified by the COUNTY. When all work contemplated under this Agreement is complete, all of the above data shall be delivered to the County Project Manager. 3.13 The CONSULTANT will confer with the COUNTY during the further development of improvements for which the CONSULTANT has provided design or other services, and the CONSULTANT will interpret plans and other documents; correct errors and omissions; and prepare any necessary plan revisions not involving a change in the scope of the work required, at no additional cost to the COUNTY, within thirty (30) calendar days of notice by the COUNTY, or upon a determination of the CONSULTANT of the existence of such errors or omissions, whichever event shall first occur. The foregoing is not intended to include construction management services provided by the CONSULTANT. 3.14 The CONSULTANT agrees to maintain complete and accurate books and records ("Books"), in accordance with sound accounting principles and standards for all Services, costs, and expenditures under this Agreement. The Books shall identify the F:\Public Works\ENGINEERING DIVISION PROJECTS\1334 2013-2015 RFQ Cont Environ and Bio Support Services\Admin\agenda items\CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL SERVICES KIMLEY HORN.doc P a g e 15 65 Services rendered during each month of the Agreement and the date and type of each Project-related expense. The COUNTY shall have the right at any reasonable time and through any of its designated agents or representatives, to inspect and audit the Books for the purpose of verifying the accuracy of any invoice. The CONSULTANT shall retain the Books, and make them available to the COUNTY as specified above, until the later of three (3) years after the date of termination of this Agreement, or such longer time if required by any federal, state, or other governmental law, regulation, or grant requirement. 3.15 The CONSULTANT shall not assign or transfer any work under this Agreement without the prior written consent of the COUNTY.When applicable and upon receipt of such consent from the COUNTY, the CONSULTANT shall cause the names of the engineering and surveying firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data. 3.16 All documents, including but not limited to drawings and specifications, prepared by the CONS ULTANT pursuant to this Agreement are related exclusively to the Services described herein and are not intended or represented to be suitable for reuse by the COUNTY or others on any other project. Reuse of any document or drawing shall be at the COUNTY's own risk. The CONSULTANT shall not be held liable for any modifications made to the documents by others. 4.TERM; DURATION OF AGREEMENT 4.1 This Agreement shall remain in full force and effect for a period of two (2)years after the date of execution thereof, or until completion of all project phases as defined by the COUNTY, whichever occurs first, or unless otherwise terminated by mutual consent of the parties hereto, or terminated pursuant to Section 8 'Termination," This Agreement may be extended for one additional two(2)year renewal at the discretion of the County. 5. COMPENSATION 5.1 The COUNTY shall pay to the CONSULTANT a mutually agreed upon lump sum or maximum amount not-to-exceed professional fee for each task in the Work Order, to be paid in monthly installments or on a deliverable basis, all as set forth in a Work Order. Duly certified invoices, in triplicate, phased as per the Work Order, shall be submitted to the County Project Manager, in detail sufficient for proper prepayment and post payment audit. Upon submittal of a proper invoice the County Project Manager will determine if the tasks or portions thereof have been satisfactorily completed. Upon a determination of satisfactory completion,the County Project F:\Public Works\ENGINEERING DIVISION PROJECTS\1334 2013-2015 RFq Cont Environ and Bio Support Services\Admin\agenda items\CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL SERVICES KIMLEY HORN.doc P a g e 16 66 i Manager will authorize payment to be made. All payments for services shall be made to the CONSULTANT by the COUNTY in accordance with the Florida Prompt Payment Act, as may be amended from time to time(Section 218.70, Florida Statutes, et seq.). 5.1.1 The CONSULTANT shall include on the invoices any identifiable per diem, meals and lodgings, taxi fares and miscellaneous travel-connected expenses for CONSULTANT's personnel subject to the limitations of F. S. section 112.061, as may be amended from time to time. Travel expenses, if any, shall not be on a direct pay basis by the COUNTY. Notwithstanding the foregoing, the CONSULTANT acknowledges and agrees that it will not be reimbursed for any travel within Indian River County, both after a CONSULTANT arrives from outside of Indian River County, and where a CONSULTANT maintains an office in Indian River County. 5.1.2 The COUNTY shall make direct payment of all permit fees paid to regulatory agencies for approvals directly attributable to the Services under the Project. These permit fees do not include those permits required for any construction contractor. 5.2 The COUNTY may at any time notify the CONSULTANT of requested changes to the Services under an existing Work Order, and thereupon the COUNTY and the CONSULTANT shall execute a mutually agreeable amended Work Order or a new Work Order. 5.3 The COUNTY shall have the sole right to reduce or eliminate, in whole or in part, any portion of the Services under any Work Order at any time and for any reason, upon written notice to the CONSULTANT specifying the nature and extent of the reduction. In such event, the CONSULTANT shall be paid for the Services already performed and also for the Services remaining to be done and not reduced or eliminated, upon submission of invoices as set forth in this Agreement. 5.4 The COUNTY may, at any time and for any reason, direct the CONSULTANT to suspend Services, in whole or in part under this Agreement. Such direction shall be in writing, and shall specify the period during which Services shall be stopped. The CONSULTANT shall resume its Services upon the date specified, or upon such other date as the COUNTY may thereafter specify in writing. Where the COUNTY has suspended the Services under this Agreement for a period in excess of six (6) months, the compensation of CONSULTANT for such suspended Services may be subject to modification. The period during which the Services are stopped by the COUNTY shall be added to the time of performance of this Agreement. 6.ADDITIONAL WORK 6.1 If services in addition to the Services provided hereunder are required or desired by the County in connection with the Project, the COUNTY may, at the sole option of the COUNTY: separately obtain same outside of this Agreement; or request the CONSULTANT to provide, either directly by the CONSULTANT or by a sub 7 F:\Public Works\ENGINEERING DIVISION PROJECTS\1334 2013-2015 RFQ Cont Environ and Bio Support Services\Admin\agenda items\CONTINUING CONTRACT AGREEME NT for ENVIRONMENTAL SERVICES KIMLEY HORN.doc P a g e 17 67 consultant, such additional services by a new Work Order or by a written amendment to a specific Work Order. 7. INSURANCE AND INDEMNIFICATION 7.1 The CONSULTANT shall not commence work on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the County's Risk Manager. 7.2 CONSULTANT shall procure and maintain, for the duration of this Agreement, the minimum insurance coverage as set forth herein. The cost of such insurance shall be included in the CONSULTANT's fee: 7.2.1 Workers' Compensation: Workers' Compensation as required by the State of Florida. Employers' Liability of $100,000 each accident, $500,000 disease policy limit, and $100,000 disease each employee. 7.2.2 General Liability: commercial general liability coverage, including contractual liability and independent contractor, with a minimum combined single limit of $300,000 per occurrence. 7.2.3 Business Automobile Liability: owned, hired, and non-owned vehicles at a minimum combined single limit of$300,000 per occurrence. 7.2.4 Professional Liability Insurance: providing coverage for negligent acts, errors, or omissions committed by CONSULTANT with a limit of $1,000,000 per claim/annual aggregate. This insurance shall extend coverage to loss of interest, earning, profit, use, and business interruption, cost of replacement power, and other special, indirect, and consequential damages. 7.3 CONSULTANT's insurance coverage shall be primary. 7.4 All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best's rating of A VII or better 7.5 The insurance policies procured shall be occurrence forms, not claims made policies with the exception of professional liability. 7.6 A certificate of insurance shall be provided to the County's Risk Manager for review and approval, ten (10) days prior to commencement of any work under this Agreement. The COUNTY shall be named as an additional insured on all policies except workers' compensation and professional liability. F:\Public Works\ENGINEERING DIVISION PROJECTS\1334 2013-2015 RFQ Cont Environ and Bio Support Services\Admin\agenda items\CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL SERVICES KIMLEY HORN.doc P a e 18 68 7.7 The insurance companies selected shall send written verification to the County Risk Manager that they will provide 30 days prior written notice to the County Risk Manager of its intent to cancel or modify any required policies of insurance. 7.8 CONSULTANT shall include all sub-consultants as insured under its policies or shall furnish separate certificates and endorsements for each subconsultants. All coverages for sub-consultants shall be subject to all of the requirements stated herein. 7.9 The COUNTY, by and through its Risk Manager, reserves the right periodically to review any and all policies of insurance and reasonably to adjust the limits of coverage required hereunder, from time to time throughout the term of this Agreement. In such event, the COUNTY shall provide the CONSULTANT with separate written notice of such adjusted limits and CONSULTANT shall comply within thirty(30)days of receipt thereof.The failure by CONSULTANT to provide such additional coverage shall constitute a default by CONSULTANT and shall be grounds for termination of this Agreement by the COUNTY. 7.10 The CONSULTANT shall indemnify and hold harmless the COUNTY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and other persons employed or utilized by the CONSULTANT in the performance of this Agreement. 8.TERMINATION 8.1 This Agreement may be terminated: (a) by the COUNTY, for any reason, upon thirty(30) days' prior written notice to the CONSULTANT; or(b) by the CONSULTANT,for any reason, upon thirty (30) days' prior written notice to the COUNTY; or(c) by the mutual Agreement of the parties; or d)as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released. 8.2 In the event of termination by the COUNTY, the COUNTY's sole obligation to the CONSULTANT shall be payment for those portions of satisfactorily completed work previously authorized by approved Work Order. Such payment shall be determined on the basis of the hours of work performed by the CONSULTANT, or the percentage of work complete as estimated by the CONSULTANT and agreed upon by the COUNTY up to the time of termination. In the event of such termination, the COUNTY may, without penalty or other obligation to the CONSULTANT, elect to employ other persons to perform the same or similar services. 8.3 The obligation to provide services under this Agreement may be terminated by either party upon seven(7)days prior written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the F:\Public Works\ENGINEERING DIVISION PROJECTS\1334 2013-2015 RFQ Cont Environ and Bio Support Services\Admin\agenda ,tems\CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL SERVICES NIMLEY HORN.doc P a g e 19 69 terminating party. 8.4 In the event that the CONSULTANT merges with another company, becomes a subsidiary of, or makes any other substantial change in structure, the COUNTY reserves the right to terminate this Agreement in accordance with its terms. 8.5 In the event of termination of this Agreement, the CONSULTANT agrees to surrender any and all documents prepared by the CONSULTANT for the COUNTY in connection with this Agreement. 8.6 The COUNTY may terminate this Agreement for refusal by the CONSULTANT to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 Florida Statutes and made or received by the CONSULTANT in conjunction with this Agreement. 8.7 The COUNTY may terminate this Agreement in whole or in part if the CONSULTANT submits a false invoice to the COUNTY. 9.TRUTH-IN-NEGOTIATION CERTIFICATE: CONTINGENCY FEES. 9.1 Execution of this Agreement by the CONSULTANT shall act as the execution of a truth- in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement and no higher than those charged the CONSULTANT's most favored customer for the same or substantially similar service. The wage rates and costs shall be adjusted to exclude any significant sums should the COUNTY determine that the wage rates and costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside CONSULTANTs. The COUNTY shall exercise its rights under this "Certificate" within one (1) year following final payment. COUNTY has the authority and right to audit CONSULTANT's records under this provision. The COUNTY does not hereby waive any other right it may have pursuant to Section 287.055, Florida Statutes, as it may be from time-to-time amended. 9.2 Pursuant to the CONSULTANTS' Competitive Negotiation Act, Section 287.055, Florida Statutes, the CONSULTANT warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage fee, gifts or any other considerations, contingent upon or resulting from the award or making of this contract. For breach of violation of this provision, the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift,or consideration. 10. MISCELLANOUS PROVISIONS 10.1 Independent Contractor. It is specifically understood and acknowledged by the (W F:\Pub1IcWorks\ENG1NEERING DIVISION PROJECTS\1334 2013-2015 RFQ Cont Environ and Bio Support Services\Admin\agenda items\CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL SERVICES KIMLEY HORN.doc Page 110 70 parties hereto that the CONSULTANT or employees or sub-consultants of the CONSULTANT are in no way to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise. 10.2 Merger; Modification. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the CONSULTANT and the COUNTY. 10.3 Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.4 Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at iaw or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent delinquency or default. A party's waiver of one or more defaults does not constitute a waiver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 10.5 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 11 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1334 2013-2015 RFQCont Environ and Bio Support Servim\Admin\agenda items\CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL SERVICES KIMLEY HORN.doc P a g e 111 71 10.6 Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 10.7 No Pledge of Credit. The CONSULTANT shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. 10.8 Public Records. The CONSULTANT shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement. 10.9 Survival. Except as otherwise expressly provided herein, each obligation In this Agreement to be performed by CONSULTANT shall survive the termination or expiration of this Agreement. 10.10 Construction. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the parties or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement. 10.11 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. [Remainder of page intentionally left blank; signature page to follow.] 12 F:\Public Works\ENGINEERING DIVISION PROJECTS\1334 2013-2015 RFQ Cont Environ and Bio Support Services\Admin\agenda items\CONTINUING CONTRACTAGREEMENT for ENVIRONMENTAL SERVICES KIMLEY HORN.doc P 2 g e 112 72 IN WITNESS WHEREOF the parties hereto have executed these presents this ---- day of 2013. KIMLEY-HORN AND INDIAN RIVER COUNTY, FLORIDA ASSOC 7— BOARD OF COUNTY COMMISSIONERS BY: BY: BrimE. Joseph E. Flescher, Chairman rtyl . n Board of County Commissioners Title: Sr Vice President Approved by the BCC: WITNESS: ATTEST: Jeffrey R. Smith Clerk of Court& Comptroller NAME: _��\\\ ��P�21` BY: - DEPUTY CLERK OF COURT JOS H A. BAIRD COUNTY ADMINIST TOR DYLAN ROINGOLD COUNTY ATTORNEY F:\Public Works\ENGINEERING DIVISION PROJECT5\1334 2D13-2015 RFQ Cont Environ and Bio Support Services\Admin\agenda items\CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL SERVICES KIMLEY HORN.doc Page 113 73 ►IC]MFI Kimley-Hom M and Associates,Inc. R.FQ # 2013044— Continuing Environmental and Biological Support Services for Civil and Environmental Engineering Projects IRC Project No. 1334 SCHEULE OF HOURLY BILLING RATES Effective October 1, 2013 through September 30, 2015, the following rates are utilized in calculating invoices for services: Senior Professional $160.00 Registered Professional $125.00 Professional 2 $105.00 Professional 1 $95.00 Designer $120.00 Senior Support Staff $75.00 Support Staff $45.00 Reimbursable expenses will be billed at 4% of labor. Direct expenses (laboratory, Phase II well drilling etc.) will be in addition to the labor and reimbursable expenses. Permit application fees will be paid by the County. Approved By: Derrick Cave, P.E. Principal 74 CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL AND BIOLOGICAL SUPPORT SERVICES THIS CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL AND BIOLOGICAL SUPPORT SERVICES ("Agreement"), entered into as of this day of , 2013 by and between INDIAN RIVER COUNTY, a political Subdivision of the State of Florida, ("COUNTY"), and CARDNO ENTRIX, ("CONSULTANT'). BACKGROUND RECITALS: A. In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, the COUNTY has selected the CONSULTANT to provide certain environmental and biological support services for various and sundry civil and environmental engineering projects("Services"). B. The CONSULTANT is willing and able to perform the Services for the COUNTY on the terms and conditions set forth below;and C. The COUNTY and the CONSULTANT wish to enter into this Agreement for the CONSULTANT's Services for various and sundry civil and environmental engineering projects. NOW THEREFORE, in accordance with the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: 1. GENERAL 1.1 Professional services provided by the CONSULTANT for the COUNTY shall be identified in individual Work Orders prepared by the COUNTY. Purchase Orders may be issued by the COUNTY and approved through the MUNIS system for proposed services that total less than $15,000.00. For proposed services $15,000.00 and over, Work Orders shall be issued and approved by the Indian River County Board of County Commissioners. For the purpose of this document, Purchase Order shall be defined as a Work Order, however the amount will be less than $15.000.00. Work Orders shall be performed in a timely, efficient, cost effective manner, and in accordance with current professional standards. Work Orders shall include a description of services to be performed; a statement of fees; a schedule of deliverables; proposed schedule for compensation and whether compensation is lump sum, maximum amount not-to-exceed, task based, or any combination of the foregoing; a budget establishing the amount of compensation to be paid with sufficient detail so as to identify all of the various elements of costs; a projected schedule for completion of the work to be performed by the CONSULTANT; and any other additional instructions or provisions relating to the specific Services authorized pursuant to each Work Order that does not conflict with the terms of this Agreement. F:\PubIcWorks\ENGINEERING DIVISION PROJECTS\1334 2013-2015 RFQCont Environ and Bio Support Services\Admin\agenda items\CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL SERVICES CARDNO E NTRIX-revised 09-30-2013.doc P a g e 1 75 1.2 Whenever the term 'Work Order" is used herein, it is intended to mean that formal document that is dated; serially numbered; and executed by both the COUNTY and the CONSULTANT by which the COUNTY accepts CONSULTANT's proposal for specific services and CONSULTANT indicates a willingness to perform such specific services for the terms and under the conditions specified in this Agreement. Each Work Order must be fully executed by the COUNTY prior to issuance of the related Notice-to-Proceed. 1.3 Services related to any individual Work Order which would increase, decrease or which are otherwise outside the scope of Services or level of effort contemplated by a Work Order shall be Services for which the CONSULTANT must obtain the prior written approval of the COUNTY as provided by this Agreement. All terms for the performance of such Services must be agreed upon in a written document prior to any deviation from the terms of a Work Order; and when properly authorized and executed by both the CONSULTANT and the COUNTY, shall become an amendment to the Work Order or a new Work Order, at the sole option of the COUNTY. A separate Notice-to-Proceed may, at the sole option of the COUNTY, be given for each phase of the services contained in any Work Order hereunder. 1.4 A Work Order shall not give rise to any contractual rights until it meets the foregoing requirements. Each written Notice-to-Proceed and specific Work Order, as approved by the COUNTY, shall be an addendum to this Agreement. Nothing contained in any Work Order shall conflict with the terms of this Agreement, and the terms of this Agreement shall be deemed to be incorporated into each individual Work Order as if fully set forth therein. 1.5 A schedule of current hourly billing rates is set forth in Exhibit 1 attached to this Agreement and made a part hereof by this reference. These hourly billing rates will remain effective for the duration of this Agreement. 1.6 No representation or guarantee is made by Indian River County as to the minimum or maximum dollar value, volume of work, or type of work, if any, that CONSULTANT will receive during the term of this Agreement. 1.7 The Background Recitals are true and correct and form a material part of this Agreement. 2.COUNTY OBLIGATIONS 2.1 The COUNTY will provide the CONSULTANT with a copy of any preliminary data or reports available as required in connection with the work to be performed under this Agreement, together with all available drawings, surveys, right-of-way maps, and other documents in the possession of the COUNTY pertinent to a Project. The CONSULTANT shall satisfy itself as to accuracy of any data provided. The CONSULTANT is responsible for bringing to the COUNTY's attention, for the County's resolution, material inconsistencies or errors in such data that come to the CONSULTANT'S attention. ® F:\Pub1icWorks\ENG1NEER1NG DIVISION PROJECTS\1334 2013-2015 RFQCont Environ and Bio Support Services\Admin\agenda nems\CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL SERVICES CARDNO I NTRIX-revised 09-30-2013.doc P a g e 12 76 2.2 The COUNTY shall arrange for access to, and make provisions for the CONSULTANT to enter upon, public and private property(where required) as necessary for the CONSULTANT to perform its Services, upon timely written request of CONSULTANT to COUNTY. 2.3 The COUNTY shall promptly execute all permit applications necessary to the Project. 2.4 The COUNTY shall examine any and all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the CONSULTANT, and render, in writing, decisions pertaining thereto within a reasonable time. 2.5 Approval by the COUNTY of any of the CONSULTANTS work, including but not limited to drawings, design specifications, written reports, or any work products of any nature whatsoever fumished hereunder, shall not in any way relieve the CONSULTANT of responsibility for the technical accuracy and adequacy of the work. Neither the COUNTY's review, approval or acceptance of, or payment for, any of the Services furnished under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. The CONSULTANT shall be and remain liable in accordance with all applicable laws for all damages to the COUNTY caused by the negligent performance by the CONSULTANT of any of the Services furnished under this Agreement. 2.6 The COUNTY reserves the right to appoint one or more Project Managers for the specific Services in connection with any Work Order. The Project Manager shall: (a)act as the COUNTY's agent with respect to the Services rendered hereunder; (b)transmit instructions to and receive information from the CONSULTANT; (c) communicate the COUNTY's policies and decisions to the CONSULTANT regarding the Services; and (d) determine, initially, whether the CONSULTANT is fulfilling its duties, responsibilities, and obligations hereunder. 2.7 The COUNTY shall give prompt written notice to the CONSULTANT whenever the COUNTY observes or otherwise becomes aware of any development that affects the timing or delivery of the CONSULTANT's Services. If the CONSULTANT has been .delayed in completing its Services through no fault or negligence of either the CONSULTANT or any sub-consultant, and, as a result, will be unable to perform fully and satisfactorily under the provisions of this Agreement, then the CONSULTANT shall promptly notify the Project Manager. In the COUNTY's sole discretion, and upon the submission to the COUNTY of evidence of the causes of the delay, the Work Order shall be modified in writing as set forth in this Agreement, subject to the COUNTY'S rights to change, terminate, or stop any or all of the Services at any time in accordance with this Agreement. 4 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1334 2013-2015 RFQCont Environ and Bio Support Services\Admin\agenda Mems\CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL SERVICES CARDNO E NTRIX-revised 09-30.2013.doc P a g e 13 77 2.8 The CONSULTANT shall not be considered in default for a failure to perform if such failure arises out of causes reasonably beyond the CONSULTANT's control and through no fault or negligence of the CONSULTANT. The parties acknowledge that adverse weather conditions, acts of God, or other unforeseen circumstances of a similar nature, may necessitate modifications to this Agreement. if such conditions and circumstances do in fact occur, then the COUNTY and CONSULTANT shall mutually agree, in writing, to the modifications to be made to this Agreement. 3. RESPONSIBILITIES OF THE CONSULTANT 3.1 The CONSULTANT agrees to perform all necessary environmental and biological support services, and other Services in connection with the assigned Project(s) as set forth in the Work Orders and in this Agreement. 3.2 The CONSULTANT will endeavor not to duplicate any previous work done on any Project. Before execution of a Work Order, the CONSULTANT shall consult with the COUNTY to clarify and define the COUNTY's requirements for the Project. 3.3 The CONSULTANT agrees to complete the Project within the time frame specified in the Work Order. 3.4 The CONSULTANT will maintain an adequate staff of qualified personnel. 3.5 The CONSULTANT will comply with all present and future federal, state, and local laws, rules, regulations, policies, codes, and guidelines applicable to the Services performed under this Agreement. 3.6 The CONSULTANT, as a part of the consideration hereof, does hereby covenant and agree that: (1) in connection with the furnishing of Services to the COUNTY hereunder, no person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in regard to the services to be performed by CONSULTANT under this Agreement on the grounds of such person's race, color, creed, national origin, religion, physical disability, age, or sex; and (2)the CONSULTANT shall comply with all existing requirements concerning discrimination imposed by any and all applicable local, state, and federal rules, regulations, or guidelines; as such rules, regulations, or guidelines may be from time to time amended. 3.7 The CONSULTANT shall during the entire term of this Agreement, procure and keep in full force, effect, and good standing any and all necessary licenses, registrations, certificates, permits, and any and all other authorizations as are required by local, state, or federal law, in order for the CONSULTANT to render its Services as described in this Agreement. The CONSULTANT shall also require all sub-consultants to comply by contract with the provisions of this section. F:\Publ;c Works\ENGiNEE RING DIVISION PROJECTS\1334 2013-2015 RFQ Cont Environ and Bio Support Services\Admin\agenda items\CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL SERVICES CARDNO ENTRIX-revised 09-30-2013.doc P a g e 14 78 3.8 The CONSULTANT will prepare all necessary sketches and completed application forms to accompany the COUNTY's applications for any required federal, state, or local permits. The CONSULTANT will reply, in writing, to all regulatory agencies' requests for additional information related to a permit application. The CONSULTANT will document all meetings, conversations, etc. with permitting agencies. The CONSULTANT will provide the COUNTY with copies of all permit applications, including attachments, and all related correspondence. The CONSULTANT acknowledges that preparation of all applicable permits for the COUNTY's submittal to regulatory agencies, and the CONSULTANT's written responses to all regulatory agencies' questions until the permit is issued or denied, are included within the scope of basic compensation in each particular Work Order. No additional service work related to permitting will be approved for any reason, except in the case where new permitting requirements become effective after the effective date of a Work Order. 3.9 The CONSULTANT will cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. 3.10 The CONSULTANT will cooperate and coordinate with other COUNTY CONSULTANTs, as directed by the COUNTY. 3.11 The CONSULTANT shall report the status of the Services under this Agreement to the County Project Manager upon request and hold all drawings, calculations and related work open to the inspection of the County Project Manager or his authorized agent at any time, upon reasonable request. 3.12 All documents, reports, tracings, plans, specifications,field books, survey notes and information, maps, contract documents, and other data developed by the CONSULTANT for the purpose of this Agreement, are and shall remain the property of the COUNTY. The foregoing items will be created, maintained, updated, and provided in the format specified by the COUNTY. When all work contemplated under this Agreement is complete, all of the above data shall be delivered to the County Project Manager. 3.13 The CONSULTANT will confer with the COUNTY during the further development of improvements for which the CONSULTANT has provided design or other services, and the CONSULTANT will interpret plans and other documents; correct errors and omissions; and prepare any necessary plan revisions not involving a change in the scope of the work required, at no additional cost to the COUNTY, within thirty (30) calendar days of notice by the COUNTY, or upon a determination of the CONSULTANT of the existence of such errors or omissions, whichever event shall first occur. The foregoing is not intended to include construction management services provided by the CONSULTANT. 3.14 The CONSULTANT agrees to maintain complete and accurate books and records ("Books"), in accordance with sound accounting principles and standards for all Services, costs, and expenditures under this Agreement. The Books shall identify the F.\Public Works\ENGINEERING DIVISION PROJECTS\1334 2013-201S RFQ Cont Environ and Blo Support Services\Admin\agenda items\CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL SERVICES CARDNO E NTRIX-revised 09-30-2013.doc P a g e 15 79 Services rendered during each month of the Agreement and the date and type of each Project-related expense. The COUNTY shall have the right at any reasonable time and through any of its designated agents or representatives, to inspect and audit the Books for the purpose of verifying the accuracy of any invoice. The CONSULTANT shall retain the Books, and make them available to the COUNTY as specified above, until the later of three (3) years after the date of termination of this Agreement, or such longer time if required by any federal, state, or other governmental law, regulation, or grant requirement. 3.15 The CONSULTANT shall not assign or transfer any work under this Agreement without the prior written consent of the COUNTY.When applicable and upon receipt of such consent from the COUNTY, the CONSULTANT shall cause the names of the engineering and surveying firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data. 3.16 All documents, including but not limited to drawings and specifications, prepared by the CONS ULTANT pursuant to this Agreement are related exclusively to the Services described herein and are not intended or represented to be suitable for reuse by the COUNTY or others on any other project. Reuse of any document or drawing shall be at the COUNTY's own risk. The CONSULTANT shall not be held liable for any modifications made to the documents by others. 4.TERM; DURATION OF AGREEMENT 4.1 This Agreement shall remain in full force and effect for a period of two (2)years after the date of execution thereof, or until completion of all project phases as defined by the COUNTY, whichever occurs first, or unless otherwise terminated by mutual consent of the parties hereto, or terminated pursuant to Section 8 "Termination," This Agreement may be extended for one additional two(2)year renewal at the discretion of the County. 5. COMPENSATION 5.1 The COUNTY shall pay to the CONSULTANT a mutually agreed upon lump sum or maximum amount not-to-exceed professional fee for each task in the Work Order, to be paid in monthly installments or on a deliverable basis, all as set forth in a Work Order. Duly certified invoices, in triplicate, phased as per the Work Order, shall be submitted to the County Project Manager, in detail sufficient for proper prepayment and post payment audit. Upon submittal of a proper invoice the County Project Manager will determine if the tasks or portions thereof have been satisfactorily completed. Upon a determination of satisfactory completion, the County Project ® F:\Public Works\ENGINEERING DIVISION PROJECTS\1334 2013-2015 RFQ Cont Environ and Bio Support Serv,ces\Admin\agenda Items\CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL SERVICES CARDNO ENTRIX-revised 09-30-201y.doc P a g e i 6 80 Manager will authorize payment to be made. All payments for services shall be made to the CONSULTANT by the COUNTY in accordance with the Florida Prompt Payment Act, as may be amended from time to time(Section 218.70, Florida Statutes, et seq_). 5.1.1 The CONSULTANT shall include on the invoices any identifiable per diem, meals and lodgings, taxi fares and miscellaneous travel-connected expenses for CONSULTANT's personnel subject to the limitations of F. S. section 112.061, as may be amended from time to time. Travel expenses, if any, shall not be on a direct pay basis by the COUNTY. Notwithstanding the foregoing, the CONSULTANT acknowledges and agrees that it will not be reimbursed for any travel within Indian River County, both after a CONSULTANT arrives from outside of Indian River County, and where a CONSULTANT maintains an office in Indian River County. 5.1.2 The COUNTY shall make direct payment of all permit fees paid to regulatory agencies for approvals directly attributable to the Services under the Project. These permit fees do not include those permits required for any construction contractor. 5.2 The COUNTY may at any time notify the CONSULTANT of requested changes to the Services under an existing Work Order, and thereupon the COUNTY and the CONSULTANT shall execute a mutually agreeable amended Work Order or a new Work Order. 5.3 The COUNTY shall have the sole right to reduce or eliminate, in whole or in part, any portion of the Services under any Work Order at any time and for any reason, upon written notice to the CONSULTANT specifying the nature and extent of the reduction. In such event, the CONSULTANT shall be paid for the Services already performed and also for the Services remaining to be done and not reduced or eliminated, upon submission of invoices as set forth in this Agreement. 5.4 The COUNTY may, at any time and for any reason, direct the CONSULTANT to suspend Services, in whole or in part under this Agreement. Such direction shall be in writing, and shall specify the period during which Services shall be stopped. The CONSULTANT shall resume its Services upon the date specified, or upon such other date as the COUNTY may thereafter specify in writing. Where the COUNTY has suspended the Services under this Agreement for a period in excess of six (6).months, the compensation of CONSULTANT for such suspended Services may be subject to modification. The period during which the Services are stopped by the COUNTY shall be added to the time of performance of this Agreement. 6.ADDITIONAL WORK 6.1 If services in addition to the Services provided hereunder are required or desired by the County in connection with the Project, the COUNTY may, at the sole option of the COUNTY: separately obtain same outside of this Agreement; or request the CONSULTANT to provide, either directly by the CONSULTANT or by a sub 7 ® F\Public Works\ENGINEf RING DIVISION PROJECT5\1334 2013-2015 RFQ Cont Environ and Blo Support Services\Admin\agenda ,ems\CONTINUING COW,RACT AGREEMENT for ENVIRONMENTAL SERVICES CARDNO ENTRIX-revised 09-30-2013.doc P a g e 17 81 consultant, such additional services by a new Work Order or by a written amendment to a specific Work Order. 7. INSURANCE AND INDEMNIFICATION 7.1 The CONSULTANT shall not commence work on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the County's Risk Manager. 7.2 CONSULTANT shall procure and maintain, for the duration of this Agreement, the minimum insurance coverage as set forth herein. The cost of such insurance shall be included in the CONSULTANT's fee: 7.2.1 Workers' Compensation: Workers' Compensation as required by the State of Florida. Employers' Liability of $100,000 each accident, $500,000 disease policy limit, and$100,000 disease each employee. 7.2.2 General Liability: commercial general liability coverage, including contractual liability and independent contractor, with a minimum combined single limit of $300,000 per occurrence. 7.2.3 Business Automobile Liability: owned, hired, and non-owned vehicles at a minimum combined single limit of$300,000 per occurrence. 7.2.4 Professional Liability Insurance: providing coverage for negligent acts, errors, or omissions committed by CONSULTANT with a limit of $1,000,000 per claim/annual aggregate. This insurance shall extend coverage to loss of interest, earning, profit, use, and business interruption, cost of replacement power, and other special, indirect, and consequential damages. 7.3 CONSULTANT's insurance coverage shall be primary. 7.4 All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best's rating of A VII or better. 7.5 The insurance policies procured shall be occurrence forms, not claims made policies with the exception of professional liability. 7.6 A certificate of insurance shall be provided to the County's Risk Manager for review and approval, ten (10) days prior to commencement of any work under this Agreement. The COUNTY shall be named as an additional insured on all policies except workers' compensation and professional liability. F:\Public Works\ENGINEERING DIVISION PROJECTS\1334 2013-2015 RFQ Cont Environ and Blo Support Services\Admin\agenda items\CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL SERVICES CARDNO ENTRIX-revised 09-30-2013.doc P a 9 e 18 82 7.7 The insurance companies selected shall send written verification to the County Risk Manager that they will provide 30 days prior written notice to the County Risk Manager of its intent to cancel or modify any required policies of insurance. 7.8 CONSULTANT shall include all sub-consultants as insured under its policies or shall furnish separate certificates and endorsements for each subconsultants. All coverages for sub-consultants shall be subject to all of the requirements stated herein. 7.9 The COUNTY, by and through its Risk Manager, reserves the right periodically to review any and all policies of insurance and reasonably to adjust the limits of coverage required hereunder, from time to time throughout the term of this Agreement. In such event, the COUNTY shall provide the CONSULTANT with separate written notice of such adjusted limits and CONSULTANT shall comply within thirty(30)days of receipt thereof. The failure by CONSULTANT to provide such additional coverage shall constitute a default by CONSULTANT and shall be grounds for termination of this Agreement by the COUNTY. 7.10 The CONSULTANT shall indemnify and hold harmless the COUNTY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and other persons employed or utilized by the CONSULTANT in the performance of this Agreement. 8.TERMINATION 8.1 This Agreement may be terminated: (a) by the COUNTY, for any reason, upon thirty (30) days' prior written notice to the CONSULTANT-, or(b) by the CONSULTANT, for any reason, upon thirty (30)days' prior written notice to the COUNTY; or(c) by the mutual Agreement of the parties; or d) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released. 8.2 In the event of termination by the COUNTY, the COUNTY's sole obligation to the CONSULTANT shall be payment for those portions of satisfactorily completed work previously authorized by approved Work Order. Such payment shall be determined on the basis of the hours of work performed by the CONSULTANT, or the percentage of work complete as estimated by the CONSULTANT and agreed upon by the COUNTY up to the time of termination. In the event of such termination, the COUNTY may, without penalty or other obligation to the CONSULTANT, elect to employ other persons to perform the same or similar services. 8.3 The obligation to provide services under this Agreement may be terminated by either party upon seven(7)days prior written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the OF:\Public Works\ENGINES RING DIVISION PROJECTS\1334 2013-2015 RFQ Cont Env ron and Bio Support Servfces\Admin\agenda Items\CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL SERVICES CARDNO ENTRIX-revised 09-30-2013.doc P a g e 19 83 terminating party. 8.4 In the event that the CONSULTANT merges with another company, becomes a subsidiary of, or makes any other substantial change in structure, the COUNTY reserves the right to terminate this Agreement in accordance with its terms. 8.5 In the event of termination of this Agreement, the CONSULTANT agrees to surrender any and all documents prepared by the CONSULTANT for the COUNTY in connection with this Agreement. 8.6 The COUNTY may terminate this Agreement for refusal by the CONSULTANT to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 Florida Statutes and made or received by the CONSULTANT in conjunction with this Agreement. 8.7 The COUNTY may terminate this Agreement in whole or in part if the CONSULTANT submits a false invoice to the COUNTY. 9.TRUTH-IN-NEGOTIATION CERTIFICATE: CONTINGENCY FEES. 9.1 Execution of this Agreement by the CONSULTANT shall act as the execution of a truth- in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement and no higher than those charged the CONSULTANTS most favored customer for the same or substantially similar service. The wage rates and costs shall be +� adjusted to exclude any significant sums should the COUNTY determine that the wage rates and costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside CONSULTANTs. The COUNTY shall exercise its rights under this "Certificate" within one (1) year following final payment COUNTY has the authority and right to audit CONSULTANTs records under this provision. The COUNTY does not hereby waive any other right it may have pursuant to Section 287.055, Florida Statutes, as it may be from time-to-time amended. 9.2 Pursuant to the CONSULTANTS' Competitive Negotiation Act, Section 287.055, Florida Statutes, the CONSULTANT warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULTANT any fee, commission percentage fee, gifts or any other considerations, contingent upon or resulting from the award or making of this contract. For breach of violation of this provision, the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 10. MISCELLANOUS PROVISIONS 10.1 Independent Contractor. It is specifically understood and acknowledged by the F:\Public Works\ENGINEERING DIVISION PROJECTS\1334 2013-2015 RFq Cont Environ and Bio Support Servh es\Ndm n\agenda items\CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL SERVICES CARDNO p NR X-revised 09-30-2013.doc F a g e I to 84 parties hereto that the CONSULTANT or employees or sub-consultants of the CONSULTANT are in no way to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise. 10.2 Merger; Modification. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the CONSULTANT and the COUNTY. 10.3 Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.4 Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at iaw or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent delinquency or default. A party's waiver of one or more defaults does not constitute a waiver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 10.5 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 11 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1334 2013-2015 RFQ Cont Environ and Bio Support Services\Adm;n\agenda Items\CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL SERVICES CARDNO E NTRIX-revised 09-30.2013.doc P a j e I U 85 10.6 Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 10.7 No Pledge of Credit. The CONSULTANT shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. 10.8 Public Records. The CONSULTANT shall comply with the provisions of Chapter 119, Florida Statutes(Public Records Law) in connection with this Agreement. 10.9 Survival. Except as otherwise expressly provided herein, each obligation In this Agreement to be performed by CONSULTANT shall survive the termination or expiration of this Agreement. 10.10 Construction. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the parties or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement. 10.11 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. [Remainder of page intentionally left blank; signature page to follow.] 12 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1334 2013-2015 RFQCont Environ and Blo Support Services\Admin\agenda Rems\CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL SERVICES CARDNO ENTRIX-revised 09-30-2013.doc P a g e 112 86 IN WITNESS WHEREOF the parties hereto have executed these presents this day of 2013. CARDNO ENTRIX INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS BY. C�`' BY: Wendy M. S indell Joseph E. Flescher, Chairman Title: Senior Project Scientist Board of County Commissioners Approved by the BCC: WITNESS: ATTEST: �rr Jeffrey R. Smith Clerk of Court & Comptroller BY: OhIC, NAME: 011yrip (ASS BY: DEPUTY CLERK OF COURT Zd)xasL�,, N . ��rx,,Al JOS PH A. 8AIRD COUNTY ADMINISTRATOR DYLANTIEIN11605 COUNTY ATTORNEY F:\Publlc Works\ENGINEERING DIVISION PROJECTS\1334 2013-2015 RFQCont Environ and Bio Support Services\Admin\agenda items\CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL SERVICES CARDNO ENTRIX-revised 09-30-2013.doc P a g e 113 87 C- rr ine ® ENTRIX Shaping the Future Indian River County — RFQ 2013044 Cardno ENTRIX Rates & Other Contract Considerations 1906121h Court Vero Beach,FL 32960 Proposed Cardno ENTRIX Rates USA For the Period October 1, 2013 to September 30, 2015 Phone 772.299-0147 Fax 772 299 4449 www.cardno.com } --- -- www.cardnoentrix.com Project Assistant 4 $45.00 Project Coordinator $60.00 CADD Specialist $75.00 GIS Analyst $100.00 Environmental Technician $75.00 Staff Scientistl Project Engineer $90.00 Senior Staff Scientist/Engineer 1 $100.00 Senior Staff Scientist!Engineer 2 $110.00 Senior Project Scientist 1 $125.00 Senior Project Scientist 2/Senior Engineer $135.00 Senior Consultant 1 $145.00 Senior Consultant 2 $160.00 Expenses • Mileage for travel out of County with company vehicles will be billed at the standard IRS allowable rate. • All travel fees out of County(e.g. airfare, hotel and meals)will be reimbursed at direct cost. • Subconsultant fees and all other costs identifiable to an assignment will be charged at cost plus ten percent(10%). Submitted by: Date: e" 0 911 Wendy M. Swindell Senior Project Scientist for Cardno ENTRIX Australia - Belgium • Canada • Ecuador • Indonesia - Kenya • New Zealand • Papua New Guinea Peru • United Arab Emirates • United Kingdom • United States • Operations in 70 countnes 88 Ecotech r Consultants, Inc. l NV111ONAll N111I NC11 1VI'1 ti X /NU1Nl Rates & Other Contract Considerations Ecotech Consultants,Inc. Rates For the Period October 1, 2013 to September 30,2015 Principle Scientist $95.00/hour Senior Scientist $75.00/hour Field Technician $55.00/hour Other Expenses: ❖ Out of town mileage for company vehicles will be billed at the standard IRS allowable rate. d• All travel fees(e.g. airfare,hotel and meals)will be reimbursed at direct cost. Submitted by: 1?. 5, swu"' /i. C.E. Swindell,Jr President P.O.Box 690265• Vero Beach,Florida 32969•(407)466-6989 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora P.E., Public Works Director AND Christopher J. Kafer,Jr., P.E. County Engine FROM: Michael D. Nixon, P.E., Roadway Production Manager SUBJECT: Change Order No.2 66th Avenue Roadway Improvements—Phase 2 (4th Street to 16th Street) IRC Project No. 9810-B-Bid No. 2012032 DATE: September 20, 2013 DESCRIPTION AND CONDITIONS The Board of County Commissioners awarded the bid for 66th Avenue Roadway Improvements - Phase 2 (4th Street to 16th Street) on April 3, 2012 to Guettler Brothers Construction, LLC, in the amount of $7,498,095.00. Change Order No. 1 was approved by the Board of County Commissioners on December 18, 2012 in the amount of $162,402.94, which increased the contract amount to $7,660,497.94. The project consists of the paving of approximately 2 miles of 66th Avenue from 4th Street to 16th Street. Change Order No. 2 is intended to make adjustments to bid line items, address time extensions necessary to complete the project, and additional water transmission main extensions requested by the Utilities Department to improve water pressure in the area. Change Order No. 2 will increase the contract amount by $182,209.80. Work Change Directives included landscape and irrigation modifications, 4th Street underdrain modifications, miscellaneous drainage modifications, and other miscellaneous modifications. The contractor has requested an additional 167 days to the contract to complete the work, as well as for rain delays and utility re-locations. FUNDING Funding is budgeted and available from the following accounts: Utilities R&R Account for 66th Avenue Water Main Conflict (4th Street to 12th Street) Account No.47123536-044699-10506 in the amount of$186,880.50 FAPublic Wo&\ENGINEERING DIVISION PROIEM\981013-66th Ave Ph 2 4th St to 16th StWmim\agenda items\66th 8CC Agenda- Change OWff N2, 10-8-13.doc 90 PAGE TWO Change Order No. 2 BCC Agenda Item from Michael D. Nixon, P.E. For BCC Agenda October 8, 2013 Optional Sales Tax/District 2 66th Avenue (12th Street—16th Street) Account No. 31521441-066510-06021 (decreasing) in the amount of($30,681.00) Optional Sales Tax/District 3, 66th Avenue (4th Street—12th Street) Account No. 31521441-066510-02031 in the amount of$26,010.30 Net increase to the contract amount by$182,209.80 RECOMMENDATIONS Staff recommends approval of Change Order No. 2 to Guettler Brothers Construction, LLC., increasing the contract amount by $182,209.80, and adding the additional 167 days to the contract time.The new total contract amount will be$7,842,707.74. ATTACHMENTS 1. Change Order No. 2—Section 00942 form +rl/ 2. Description of Itemized Bid Schedule Changes for Change Order No. 2 DISTRIBUTION 1. Deward Howard,Jr., Construction Coordination Manager 2. Donald Keith, Senior Engineering Inspector 3. Guettler Brothers Construction, LLC. 4. Vincent M. Burke, Director of Utilities Services APPROVED AGENDA ITEM Ind!an R1vn town Adminlstndon FOR:October R.2013 g�•t (6 2 1� BY t - to!t— 2 { Public www ��.,--> y7/3 En{In••nry r >/ F:\Public WorWENGINEERING DIVISION PROJECTS\4g IOB-66th Ave Pb 2 4th St to 16th St\Admimlagenda rtcros166th BCC Apcnda- Change Order#2., 10-8-13.doc 91 SECTION 00942- Change Order Form NO. 2 DATE OF ISSUANCE: October 8, 2013 EFFECTIVE DATE: October 8, 2013 OWNER: Indian River County CONTRACTOR Guettler Brothers Construction, LLC. Bid No. 2012032 Project: 66 AAvenue Roadway Improvements— Phase 2 (4`h Street to 160, Street) Project No. 9810-B ENGINEER Indian River County You are directed to make the following changes in the Contract Documents: Description: This change order is intended to make adjustments to bid line items and address Work Directives as well as to recover lost days due to the additional work in the work directives, weather delays and utility re-location delay time. This change order also includes an additional 8" water transmission main. Reason for Change Order: The increased contract costs are due to adjustments to landscape and irrigation modifications, 4`h Street underdrain modifications, miscellaneous drainage modifications, and other miscellaneous modifications- The increased contract costs are also due to an additional 8" water transmission main that is intended to loop the system to provide better pressure in the area. Attachments: 1. Work Change Directives-2 through 7 2. Itemized changes 3. (Revised Utility Plans), titled: 66 Avenue Roadway Improvements, Ph. 2, dated: January 2012, S&S August 9,2013. CHANGE IN CONTRACT CHANGE IN CONTRACT PRICE: TIMES Description Amount Description Time Original Contract Price $7,498,095.00 Original Contract Time: (days/dates) Substantial Completion: 330 4-18-13 Final Completion: 360 5-18-13 Net Increase from previous $162,402.94 Net change from previous Change Order, No. 1 Change Order, No. 1 (days) 102 days Contract Price prior to this $7,660,497.94 Contract Time prior to this Change Order: Change Order: ( (days/dates) Substantial Completion: 432 8-1-13 Final Completion: 462 8-31-13 Net increase of this Change $182,209.80 Net increase(decrease)this Order: Change Order: (days or dates) 167 days Contract Price with all $7,842,707.74 Contract Time with all approved approved Change Orders: Change Orders: (days/dates) Substantial Completion: 599 1-22-14 Final Completion: 629 2-21-14 ACCEPTED: RECO E ED: APPROVED: r By: Gj l?C� By: CONTRACTOR(Signature) EN INFER(Signature) OWNER(Signature) QDate: 2 !3 Date: `1'a --l3 1 Date: 00942-Change Order No.2, 10-5-13 92 00942-1 F:1Riblic WorkMENGINEERING DMSION PROJECTS19810B-66th Ave Ph 2 4th St to 16th SMdrn1MTHANGE ORDERSOM2-Change Order No.2. 10-&13.doc 66th Street Roadway Improvements IRC No.9810-B CHANGE ORDER No.2 Description of Itemized Changes October 8,2013 Item No. Desert tion of Change puamilty I Unit I Unit Price Pdcs Increase Prfce Decrease Work Directives Landscaping and Irrigation significantly redesigned to reduce cost WORK DIRECTIVE NO.2 and reduce long term mainienance. 580-1 Landscaping Complete Small Plants Less Than 7 Gal 1 LS $ 15 000.OD $ 15 000.00 580-1 Revised Landscaping Complete ISmall Plants Less Than 7 Get 1 LS $ 18 000.00 $ 18 1300.00 580.2 Landscaping Complete Small Plants Greater Than 7 Gal 1 LS $ 35 000.00 35.000 CIO 580-2 Revised Landscaping Complete Small Plants Greater Than 7 Gel 1 LS S 22 100.00 22 100.00 590-70 Irrigation System 1 LS $ 150 300.00 1 150 300.00 590-70 Revised I tion S stem 1 LS 37 500.00 37 500.00 Sub-Total $ 77,600.00 S 200,300.00 $ 122,700.00 Modify and relocate the 4th Street underdrain system to minimize WORK DIRECTIVE NO.3 the removal of trees along the right-of-way fine. Time added-30 Days 110-1-1 Standard Clearing 6 Grubbing 0.625 AC $ 4 000.00 $ 2,500.00 440-1-60B 12"Trench Drain Underdraln Type Special 12' 787 LF $ 43.00 S 33,841:00 430-175-101E 118*RCP 24 LF 3 23.00 552.00 43D-175-101G 24'RCP 3 LF $ 33.00 99,00 102-1 MOT 5 PD S 250.00 S 1250.0D NEW 1 Flaociers 15 PO $ 600.00 S 9.00000 NEW 2 Import A-3 347 1 CY $ 4.50 $ 1 561.50 NEW 3 15"Slotted RCP 695 LF $ 88.00 $ 61 160.00 430-175-101C 15"RCP 63 LF $ 20.00 $ 1260.00 425-2-41 Manhole P-7 4 EA $ 2,08100 $ 8,332.00 NEW 4 Saw Cut for 15"RCP 3 EA 855.00 2,565.00 NEW 5 Pluiq Hole for 12"Underdraln 1 EA 500.00 $ 500.00 Sub-Total $ 85 628.50 $ 36,992.00 $48,636.50 Install three(3)Type C ditch bottom inlets with drainage pipe along the north side of 4th Street east of 63rd Avenue and crossing 4th WORK DIRECTIVE NO.4 Street out failing into the IRFWCD Lateral B4 Canal Time added•5 Dayc 102-1 - MOT 1 LS I i 2,500.00,$ 2500.00 FAPublk Woda1ENGINEERWG DIVISION PROJECTSW8108.06th Ave Ph 2 41h St to 16th SrAdmim1CHANGE ORDERSICnargs Order Foran No 2 s6th 10-813 Pape 1 93 66th Street Roadway Improvements IRC No.9610-B CHANGE ORDER No.2 Description of Itemized Changes October 8,2013 Item No. Description of Chane Quantity Unit Unit Price Price Increase Price Decreaso NEW 6 Oen Road Cut 1 LS S 2 ODD.00 $ 2,000.00 NEW 7 SIIIFence 1D0 LF $ 1.00 $ 100.00 425-1-521 Type C Inlets 3 EA $ 1.342.00 $ 4.026.00 NEW 6 12x1B ERCP 28 LF $ 40.00 1,120.00 NEW 9 13x17 CAP 10 LF 55.00 $ 550.00 430-175.1018 12'CAP 74 LF 35.00 2,590.00 NEW 10 Driveway Remove and Replace 2 EA $ 1 300.00 $ 2,600.00 NEW 11 Hold FPL Pole 1 EA $ 2.500.00 $ 2,500,00 Sub-Total $ 17,956.00 WORK DIRECTIVE NO.5 Miscefianeous Drainage Modifications NEW 12 Remove 18'RCP 89 LF $ 18.00 1.602.00 NEW 13 Re4a 18'Pipe 89 LF $ 20.00 1,780.00 NEW 14 F&I Flap Gate 1 LS 918.00 $ 918.00 Sub-Total $ 4,300.00 Modify,the existing driveway for William&Eva Graves to provide WORK DIRECTIVE NO.6 safe Ingress and egress around retention pond 100. Time added-4 Days 102-1 MOT 4 PD $ 162.00 648.00 120.6 Embankment 1,266 CY $ 4.50 $ 5,697.00 160AA 12'Stabilized Su rade 1,375 SY 2.00 3 2.750.00 286-1-1 Turnout Construction Pavement 78 SY $ 17.50 $ 1365.00 350-2.1 6"Concrete Reinforced 34 SY $ 25.00 850.00 522-2 6'Concrete Sidewalk 13.3 SYF17 $ 319.20 550.60-926 24'SwIn Gates 1 EA 1,780.00 570-1-2 Seed and Mulch 3000 SY 1 500.00 108-1 Surve and As-builts 1 LS . 2,167.00 Sub-Total $ 16 757.00 $ 319.20 $ 16,437.80 Construct 24 foot wide dirt driveway that ties In with the Atlantic WORK DIRECTIVE NO.7 Boulevard re-alignment for Nicole Grice I West horse pasture. 94 F.'Pubk WorkstENGINEERING DIVISION PROJECTM81 Da-66th Ave Ph 2 41h Sr to 18th SMdmimICHANGE ORDERMhangs Order Ferro No 2 86th 10-8-13 Ppe 2 66th Street Roadway Improvements IRC No.9810-B CHANGE ORDER No.2 Description of Itemized Changes October 8,2013 Item No. Description of Chane Guantity Unit Unit Price Price Increase Price Decrease Time added-25 Days 101-1 Mobilization(Drainage Crew 1 LS $ 1,700.00 1,700.00 104-1 Erosion Control SIR Fence Jule Not,Etc. 1 LS S 1,500.00 S 1,500.00 102-1 MOT 25 PD $ 185.00 $ 4,625.00 108-2 Survey and Control 1 LS $ 2,420.00 $ 2,420.00 108-1 Record DravAncts 1 LS $ 2,420.00 $ 2,420.00 110-1-1 Clearing and Grubbs Includes RR Ties 1 LS $ 5,000.00 $ 5 000.00 120-6 Embankment 1,500 CY 4.50 $ 6.7 0.00 NEW 15 Remove and Replace Fence(By othersLF $ 12.00 NEW 16 Install 12'Wide Double Swing Gate(By othersEA $ 3.750.00 NEW 17 Sod Pins 5,850 E4 $ 0.10 $ 585.00 NEW 18 Saw Cut Existing Pipe 1 LS 550.00 $ 550.00 NEW 19 Install Concrete Collar 1 LS $ 650.00 $ 650.00 430-175-101C 15'RCP 44 LF $ 20.00 $ 880.00 425-1-903 Install Type J-5 1 EA 3,589.00 3,589.00 Sub-Total $ 30,669.00 SUB-TOTAL(increase I Decrease) $ 232,940.50 ; 237,611.20 SUB-TOTAL WORK DIRECTIVES $ (4,670.70 Utilities Department Items 101-1 Mobilization LS 1 $ 2,5D0.00 $ 2,500.00 102-1 MOT DAY 30 $ 175.00A 5,25000 0706-3 While RPM F&1 EA 8 $ 4.00 $ 32.00 0706-3-1 Blue RPM F&I EA 3 $ 5.00 3 1500, 0705-10-5 Permanent Land Marker K-9 F&I EA 4 60.00 240.00 UW MC-1 B 8'DR-18 C-900 PVC F&1 LF 2 953 $ 25.00 73 825.00 UWMGIC 8'DIP Class 350 F&I LF 117 52.00 $ 6,08400 UWMG1 D 12-DR-18 C9D0 PVC F&I LF 20 33.00 S 660.00 OF-2 U Fbdure 8'M.J.Gate Valve E4 8 2 100.00 $ 16 800.00 190 18"x 2'Blow-0K Assembly,F&I EA 2 1,6W.00 3,200,C F.1Pubk Wofts ENOINEEFUNG DMSION PROJECTS198105-96th Ave Ph 2 4th St to 16th ShAdMm1CHANOE ORDERS%Dwngs Order Fonn No 2 86th 10.9.13 Page 3 95 66th Street Roadway Improvements IRC No.9810-B CHANGE ORDER No.2 Description of Itemized Changes October 8,2013 kem No. Description of Chenue Quanft Unit Unit Price Price Increase Price Decrease 210 Flea HydrantAssem F&I EA 3 3825.00 11475.00 21 OA Sample Points EA 7 635.50 4,448.50 215 _ mings LS 1 10 000.00 10 000.00 271 Pressure Test __ _ LS 1 1,200.00 $ 1,200.00 220 TemporaryJum rAssemb F&1 EA 1 2,021.00 2,021.00 —24-0-- Sury 8 As-BuBts _ LS 1 11 000.00 11 000.00 UtIllUes-Aerie!Bridge Crossing 252 8"Flan ed and Coated DIP.F&I LF 136 155.00 $ 21 080.00 254 8"Flanged and Coaled 22.5'3-r.,F&I FA 2 1,460.00 2,900.00 256 8"M.J.45'B-&.Far FA 2 400.00 $ 800.00 258 Concrete Pipe Cradles F&I EA 8 1,200.00 $ 9,600.00 260 Aulomatic Abov"round ARV F&I EA 1 3,760.00 $ 3,750.00 Time added- 30 Days SUB-TOTAL-UTILITY DEPARTMENT ITEMS $ 186,880.50 TOTAL CHANGE ORDER NO.2 $ 132,209.80 Time Added-Rain days-20 Days Time added-ATT Delays-53 Days Total time added to contract 167 Da s O 96 F:1Pub0k WorkxT-NGiNEERiNG DMSION PROJECTSM108.88th Ave Ph 2 4N St to 16th St1AdmIm1CMANGE ORDERS1Chenge Order Form No 2 BBN 10.8-13 Page 4 SECTION 00948 -Work Change Directive No. 2 DATE OF ISSUANCE: 3/22/2013 EFFECTIVE DATE: 3/22/2013 OWNER: Indian River County CONTRACTOR: Guettler Construction Bid No: 2012302 Project: 6Avenue Roadway Improvements— Phase 2 (4h Street to 16"'Street) OWNER's Contract No. 2012032 ENGINEER's Contract No. 9810-B ENGINEER: Indian River Countv You are directed to proceed promptly with the following changes: Description: Adjust line item 580-1 Landscaping Complete(small plants less than 7 gal) Adjust line item 580-2 Landscaping Complete(small plants greater then 7 gal) Adjust line item 590-70 Irrigation system Purpose of Work Change Directive: The project's landscaping/irrigation was substantially redesigned. Indian River County and the Contractor have agreed upon the revised cost to perform said redesign. The following conditions shall apply: 1. Must provide Hoover or Gould pumps 1-1/2 HP. 2. Size of landscaping material must be as specified on the revised plans stamped"Construction Drawings Nov 07, 2012. 3. Price includes pumping down lake, as necessary,to install Littoral zone plantings_ 4.All equipment and facilities must be in accordance with the plans. 5. Price includes all incidental items necessary for completing the landscaping and irrigation for the project. 6. Price includes littoral zone planting and mulch as specified on plans. Attachments: 1. Email dated March 18,2013. 2. Description of Itemized Bid Schedule If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Method of'determining change in Contract Prices: Contract Times L1 Unit Prices Ll Contractor's Records L1 Lump Sum II Engineer's Records Ll Other: L1 Other: II By Change Order: Ll By Change Order: Estimated decrease in Contract Price: Estimated increase in Contract Times:0 days $1122,700.00 Substantial Completion: 432 days; $-(-(3 Ready for Final Completion:462 days. g_31-I If the change involves an increase, the estimated If the change involves an increase, the estimated amount is not to be exceeded without further time is not to be exceeded without further authoriza`ion. authorization. ACCEPTED- RECOMEN D: VED: B BXGIEE:R( /�`^ By: CO C (Signature) E ature) W (Si r f • Date: 3 �1 / Date: S oz 8 Date: r -/ F.\Public Woda\ENG NEERING DMSION PROJECI'S\9814H-661b Ave Pb 2 4th St to 16th SMdmim\Work Chang-Daect;ves%20-Worn Ovn.e Duueve 97 02.doc pppppp, 66th AVENUE Roadway Improvements-Phase 2 I WORK CHANGE No.2 Description of Itemized Bid Schedule Item No. Descri tion of Chan a Quandt Unil I Unit Price/ Price Increase Price Decrease DECREASED ITEMS FROM 66th AVENUE ROADWAY IMPROVEMENTS-PHASE 2 580-1 Landscaping Com lele small tants less than 7 al 1 LS 15,000.00 3,000.00 580-2 Landsca in Com fele small lank realer than 7 al 1 LS 35,000.00 12,900.00 590-70 lm anon System 1 LS 150,300.00 112,800.00 SUBTOTAL $200,300.00 $3,000.00 ($125,700.00 TOTAL WORK CHANGE DIRECTIVE No. 2 (�1zz,7oo.00) 98 SECTION 00948 -Work Change Directive No. 3 DATE OF ISSUANCE: 4/24/2013 EFFECTIVE DATE: 4/24/2013 OWNER: Indian River County CONTRACTOR: Guettler Construction Bid No.- 2012302 Project: 66th Avenue Roadway Improvements — Phase 2 (4'h Street to 16'h Street) OWNER's Contract No. 2012032 ENGINEER's Contract No. 9810-B ENGINEER: Indian River County You are directed to proceed promptly with the following changes: Description: Modify and relocate the 0'Street underdrain system (Sta. 20+25.20 to Sta. 27+80) per revised Construction Plan Sheets 10, 12, 14A, 23, 57, 58, 111, 112 and 151 dated 3/7/13. Purpose of Work Change Directive: The 4'h Street underdrain system east of 66'h Avenue was moved from the south side of the proposed 72" RCP to the north side to reduce the construction area limits of clearing and to protect existing trees. Attachments: 66'h Ave Trench Drain Changes price quote dated 4/17/2013. 4' If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Method of determining change in Contract Prices: Contract Times II Unit Prices B Contractor's Records n Lump Sum ❑ Engineer's Records II Other: ❑Other: II By Change Order II By Change Order: Estimated increase in Contract Price: Estimated increase in Contract Times: 30 days $48,636.86 Substantial Completion:462 days; �I � Ready for Final Completion: 492 days. If the change involves an increase, the estimated If the change involves an increase, the estimated amount is not to be exceeded without further time is not to be exceeded without further authorization. authorization. ACCEPTED: RECOMMENDED: P OV By; By- T _71 y- C RA TO ature) ENGINEER(Signature) OWNS ign re) Date.- ql2q o Date: 4 `f 3 Date: FAPubbe WorksNENGTNEEKING DJYLSION PROJECfSl9810B-66th Ave Ph 2 4th St to 16th SAAdm.mlWork Chance Duc=vcsX9920-Wort;Change Dutcbve 91doc 99 4/17f2D13 4:05 3OPM 66th Ave Trench Drain Changes Guettler Brothers Construction LLC. 4401"'hiteway Dairy Rd. Fort Picrce FL 34949 Contact: Bcn Guctticr Phone: 772-461-8345 Fax: 772-461-8039 Quote To: Indian River County Job Name: 66th Trench Drain Changes 1801 27th Street,Bldg.A Engineer: Vero Beach FL 32960 Date of Plans: Phone: jtevision Date: Fax: Location: E-Mail: dkeitb@ircgov.com Ann: Don Keith Prices good for 30 Days From Bid ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 50 Clearing and Grubbing -1.00 LS 2,500.00 -2,500.00 55 12"Trench Drain -787.00 LF 43.00 -33,841.00 57 18"RCP -24.00 LF 23.00 -552.00 59 24"RCP -3.00 LF 33.00 -99.00 100 MOT 5.00 DAY 250.00 1,250.00 1121 Flaggers(For Local Traffic) 15.00 DAY 600.00 9,000.00 ti 5 1 Import A-3(Elev 18-13.5=4.5 Deep)x 3wide= 347.00 CY 4.50 1,561.50 120 15"Slotted RCP Trench Drain 695.00 LF 88.00 61,160.00 125 15"RCP 63.00 LF 20.00 1,260.00 130 Manhole P-7 4.00 EA 2,083.00 8,332.00 140 Saw Cut for 15"RCP 3.00 EA 855.00 2,565.00 145 Plug Hole for 12"Underdrain 1.00 EA 500.00 500.00 GRAND TOTAL S48,636.50 NOTES: No allowance to replace existing roadway or millings. Price includes the use of Recycled Concrete Aggregate for 57 stoke. Price is based on 30 day time extension, See attached shop drawings. Page 1 of 1 100 SECTION 00948 -Work Change Directive No. 4 DATE OF ISSUANCE: 6/6/2013 EFFECTIVE DATE: 6/6/2013 OWNER: Indian River County CONTRACTOR: Guettler Construction Bid No: 2012302 Project: 66th Avenue Roadway Improvements Phase 2 (4 ' Street to 16"' Street) OWNER'S Contract No. 2012032 ENGINEER's Contract No. 9810-B ENGINEER:.Indian River County You are directed to proceed promptly with the following changes: Description: Install three(3)Type C Ditch Bottom Inlets with drainage pipe along the north side of 4 Street into IRFWCD sub-lateral B-4 Canal as shown on the"4th Street Drainage Improvements"construction plan sheets 1 and 2 dated 9/19/12. Purpose of Work Change Directive: of 4 Street in the area of Lot 11, Block K, Pine Tree Park, To improve the drainage on the north side address 6236 0 Street. Attachments: Construction plan sheets 1 and 2 dated 9/9/12. Email from Ben Guettler for(Chiarella)4t'Street Work Price Quote dated 4/29/2013. -if OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Method of determining change in Contract Times Contract Prices: II Unit Prices II Contractor's Records II Lump Sum Q Engineer's Records x Other.Work Price Quote j]Other - n By Change Order. f],By Change Order. Estimated increase in Contract Price: Estimated increase in Contract Times $17.986.00 Substantial Completion:�qU_1 Ready for Final Completion:49 g7 If the change involves an increase, the estimated If the change involves an increase, the estimated amount is not to be exceeded without further time is not to be exceeded without further authorization. authorization. ACCEPTED: 0 RECOMMENDED: l VED By' WNER CONTRACTOR (Signature)7 G E (Signa re) Date: LL-� Date: Date: �'�.2-1,3 F:\Public WorksWNGD TEERING DMSION PROJECTOR10B-66th Ave Ph 2 4th St to 16th StkAd njjnNWorl Q'o'Se D°��20-Wo71:ChM pe Nre me 4.d� 101 rage i ul Donald Keith from. Ben Guettler[Ben@guettlen:onstruction.com] Sent: Monday, April 29, 2013 3:46 PM To: Donald Keith; Dave Morgan Cc: Michael Nixon Subject: RE: 66th Avenue 4th to 16th-Extra work East 4th Street Don- Below are the costs to complete the additional work east of 66th oon 4th street. Let me know.This price is good for 7 Days. Chairella 4th street work Drainage - MOT LS 1 $2,500.00 $2,500.00 Open Rd. Cut LS 1 $2,000.00 52,000.00 Silt Pence LF 100 $1.00 $100.00 If Needed Type C Inlets EA 3 $11342.00 $4,026.00 12 x 18 ERCP LF 28 $40.00 $1,120.00 13 x17 CAP incl Collar LF 10 $55.00 $550.00 12" CAP LF 74 535.00 52,590.00 Driveway Rem. & Replace EA 2 $1,300-00 52,600.00 Total $15,485.00 Hold FPL Pole (if Needed) EA 1 $2,500.00 Ben Guettler Guettler Construction 772-461-8345 772-461-8039 FAX www.guetflerconstnjcfion.com From: Donald Keith [mailto:dkeith@ircgov.com] Sent: Friday, Apnl 19, 2013 7:16 AM To: Dave Morgan Cc: Ben Guettler; Kevin Trost Subject: 66th Avenue 4th to 16th - Extra work East 4th Street 5/14/2013 102 SECTION 00948 -Work Change Directive No. .5 DATE OF ISSUANCE: 7/17/2013 EFFECTIVE DATE: 7/1212013 OWNER: Indian River County CONTRACTOR: Guettler Construction Bid No: 2012302 Project:66 Avenue Roadway Improvements —Phase 2 (4�' Street to 16'h Street) OWNER's Contract No. 2012032 ENGINEER's Contract No. 9810-B ENGINEER: Indian River County You are directed to proceed promptly with the following changes: Description: Remove and reset 18"RCP culvert crossing as shown on the"66th Avenue Plan and Profile Phase 2" construction plan sheet 25 dated 2/15/12 at Sta. 19+80. Revise the proposed MES-16 invert elevation from 19.4'to elevation 17.98'. Revise the outfall east invert elevation from 17.50'to elevation 17.79'and furnish and install a flap gate at the drainage ditch. Purpose of Work Change Directive: To preserve the historic drainage characteristics and match the original 18"CMP culvert crossing which was removed under 660i Avenue. Attachments: me-16 pipe and flap gate.pdf price quote e-mail from Ben Guettler dated 7/11/2013. If OWNER or CONTRACTOR believe that the above.change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Method of determining change in Contract Prices: Contract Times 7 Unit Prices II Contractor's Records II Lump Sum n Engineer's Records x Other-.Work Price Quote f]Other. II By Change Order II By Change Order. Estimated increase in Contract Price: Estimated increase in Contract Times:0 $4,300,00 Substantial Completion:462 Ready for Final Completion:492 If the change involves an increase, the estimated If the change involves an increase, the estimated amount is not to be exceeded without further time is not to be exceeded without further authorization. authorization. ACCEPTED: RECOMMENDED: APPROVED- By: PR ED-By: By: CONT CTOR(Signature) ENGINEER(Signa re) NER ne) Date: �nl Date: `7 7 `� Dat R\Public WorksIENGTNEER1NG DTVISION PR0JECrSl98T0B-66tb Ave Ph 2 4th St to 76th SMc mimlWork Change DirectivuN"20-Work Change Dired`e 103 ei Am ® �iiinon s is iorni Remove and Relay 1811 Pipe and Install Flap Gate Guettler Brothers Construction LLC. 4401 Whiteway Dairy Rd. Fort Pierce FL 34949 Contact: Ben Guettler Phone: 772-4618345 Fax: 772-461-8039 _Quote To: Indian River County Job Name: Ene�neer: Date of Plans: Phone: Revision Date: Fax: Location: E-Mail: Alta: Don Keith ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 100 Remove 18"Pipe 89.00 LF 18.00 1,502 00 200 Re-Lay 18"Pipe and New Collar 89.00 LF 20.00 1,780.00 300 F&I Flap Gate 1.00 LS 918.00 918.00 ® GRAND TOTAL $4,300.00 NOTES: MOT LAYOUT ANDASBUILTSARE INCLUDED Page 1 of 1 104 SECTION 00948 - Work Change Directive No. 6 DATE OF ISSUANCE=: 8/05/2013 EFFECTIVE DATE: 8/05/2013 OWNER: Indian River County CONTRACTOR: Gueftler Construction Bid No: 2012302 Project: 66t5 Avenue Roadway Improvements —Phase 2 (4th Street to 16th Street) OWNER's Contract No. 2012032 ENGINEER's Contract No. 9810-B ENGINEER: Indian River County You are directed to proceed promptly with the following changes: Description: Construct and install a new 20"wide(approx) 12"stabilized driveway that ties in with the existing driveway as.shown on the"Graves Driveway 66th Avenue Project"construction plan sheet 1 of 1 dated 4/08/13 at Sta_27+09. Purpose of Work Change Directive: To provide safe ingress and egress around proposed Lake 100. Attachments: Graves Driveway quote rev 7-25.pdf price quote e-mail from Ben Guettler dated 7/25/2013. "Graves Driveway 66th Avenue Project"plan sheet 1 dated 4/08/13. If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Method of determining change in Contract Prices: Contract Times n Unit Prices n Contractors Records n Lump Sum n Engineer's Records x Other.Work Price Quote n Other. F1 By Change Order. -1 By Change Order tu�` �c�rease in Contract Price: Estimated increase in Contract Times:,9't4 > $16.437.68 1 Substantial Completion: 462 U6 `t-9:13 �e5sbReady for Final Completion:492 If%, 1o_S If the change involves an increase, the estimated If the change involves an increase, the estimated amount is not to be exceeded without further time is not to be exceeded without further authorization. authorization. ACCEPTED: RECOMMEND D: PRQVE 01 r By: By. c ,r•-, By: r� — CONTRACTOR (Signature) GINEER (Sig ture) 76aVe)7 NE Date: of qrl Date: 8//y l3 Date: - .-/ F;Tublic Works\ENCrD4EER.WG DTV1SION PROJECTS\9810"6th Ave Ph 2 4th S1 to 16th SfA&=\Work C l mge Dm=vm\"20-Work Cbsnge Directive 105 ;b.doc 66th Ave Change Order .Proposal REV7252013 3:06;13PM Guettler Brothers Construction LLC. 4401 Whiteway Dairy Rd. Fort Pierce FL 34949 Contact: Ben Guettler Phone: 772461-8345 Fu: 772461-8039 note To: Indian River County lob Name: 66th Ave Graves Driveway 1801 27th Street Eneineer Carter and Associates Vero Beach FL 32960 Date of Plans: Email Received 7/19/13 Phone: 772-567-8000 Rcvision Date: FM Location Vero Beach FL E Mail- dlcrith@kcgov.com Attu. Don Keith Prices Good for 7 Days From Date quoted ITEM DESCREMON QUANTITY UNIT UNIT PRICE AMOUNT 101-1 Mobilization(No Charge) 1.00 LS 102-1 MOT(IfNeeded to be billed at the end of the job) 4.00 DAY 16200 64$.00 120 4-B Embauk3nent 1,266.00 CY 1 4-50 5,697.00 1604-A I2"Stabr7urd Subgrade 1,375.00 SY 200 2,750.00 2.96-14 Turnout Construction(Pavement) 78.00 SY 1750 1,365.00 350-2-1 6"Coucreft Reinforced 34.00 SY 25.00 850.00 522-2 6"Concrete Sidewalk -1330 SY 24.00 -31920 5500-926 24'Swing Cates 1.00 EA 1,780.00 1,780_DO 570-12 Seed and Mulch 3,000.00 SY 0.50 1,500.00 108-1 Survey&Asbuilts 1.00 LS 2,167.00 2,167.00 GRAND TOTAL 516,43780 NOTES: MOT is based on a 4 Day Tune Extension. Fill Quantity is based on 597.49'x 55 Wide x 1.5'Avg Depth Mobilization is based on working s>multaneously with the road construction All other items such as curb,C,hamlink fence,Sod,etc,shall be ovemms to the exfistiv pay items. Page 1 of 1 106 Job: graves driveway Units: Ft-CY Thu Jul 25, 201314:57:16 Page 1 Volume Report eslpn vs, 9xlstittl Area Vfllume COmplRatlo Compact Export Change ' otal Cut Fill OnGrade CkII F111 Cut FIII Cut Fill import Per 1 Ft Job SIte 27,005 0 27,005 0 0 1,266 1,00 1.00 0 1,266 -1,286 100 O Page 1 of 2 Donald Keith From: Ben Guettler(Ben@guettlerconstruction.comj Sent: Thursday,July 25,2013 3:09 PM To: Donald Keith Cc: Kevin frost Subject: RE: 66th 4th to 16th-Grave's driveway Attachments: graves driveway quote rev 7-25.pdf,AGTEK Takeoff.pdf Attached is the revised quote, let me know if you have any questions. Thanks Ben Guettler Guettler Construction 772-461-8345 772-461-8039 FAX www.guettlerconstruction.com From: Don Keith [mailto:dkeith@ircgov.com] Sent: Wednesday, July 24, 2013 3:34 PM To: Ben Guettler Subject: RE: 66th 4th to 16th -Grave's driveway Ben, The Horse Fencing 4' high was changed to Type B black vinyl coated 6' high. The length of overrun would be 310 LF plus or minus, Sta. 26+26 to Sta. 29+30+/-. Don From: Ben Guettler fma,Ito:Ben ftcluettlerconstruction.coml Sent: Wednesday,July 24, 2013 3:03 PM To: Donald Keith Subject: RE: 66th 4th to 16th -Grave's driveway Don- if you could get me the clarification on the fence,the sooner the better. I want to try and do this work while we are working between 4th and 8th,the further away we get the more$$$it gets. Thanks Ben Guettler Guettler Construction 772-461-8345 772-461-8039 FAX www.guettlerconstruction.com 8/5/2013 108 SECTION 00948 -Work Change Directive No. 7 DATE OF ISSUANCE: 8/05/2013 EFFECTIVE DATE: 8/05/2013 OWNER: Indian River County CONTRACTOR: Guettler Construction Bid No: 2012302 Project: 6Avenue Roadway Improvements —Phase 2 (4'h Street to 16th Street) OWNER's Contract No. 2012032 ENGINEER's Contract No. 9810-B ENGINEER: Indian River County You are directed to proceed promptly with the following changes- Description: Construct and install a new 24'wide (approx)driveway(8" stabilized subgrade, 6" coquina base)that ties in with the Atlantic Boulevard re-alignment as shown on the"66th Avenue Plan and Profile Phase 2 Atlantic Boulevard'construction plan sheet 46 revision dated 4/16/13. Purpose of Work Change Directive: To provide safe ingress and egress into Nicole Grice West's horse pasture being impacted by the 66th Avenue construction. Attachments: Atlantic changes rev 3.pdf price quote e-mail from Ben Guettler dated 7/24/2013. "66th Avenue Plan and Profile Phase 2 Atlantic Boulevard" plan sheet 46 revision No_2 dated 4/16/13. If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Method of determining change in Contract Prices: Contract Times L1,Unit Prices II Contractor's Records F] Lump Sum II Engineers Records x Other.Work Price Quote Q Other. 0 By Change Order. F1 By Change Order. Estimated increase in Contract Price: Estimated increase in Contract Times:.9'2 $30.669.00 Substantial Complebon:AK—;/9/ Y-30-13 Ready for Final Completion:49Z-5. l i0-3o-13 If the change involves an increase, the estimated If the change involves an increase, the esti ated amount is not to be exceeded without further time is not to be exceeded without further authorization. authorization. ACCEPTED: RECOMMENDED: PPROVE By: B y;?� jBy: CONTRACTOR (Signature) ENGINEER(Signature) NER Date: LR�r3 Date: 8 �' Date: FAlublic WorWENGWEDUNG DTVIS)ON PRQTECTS\98)OM6th AVC.Ph 2 4th St to 36th SMd�\Wod C h=p DuectivmILMO-Work cump Du==, Oq 97.doc W4=3 1 t;29.35AM 66th Ave Change Order Proposal (Atlantic) Gueftler Brothers Construction LLC. 4401 Whitcway Dairy Rd. Fort fierce FL 34949 Contact: Ben Guettler Phone: 772-461-8345 Fax: 772461-8039 Quote To; Indian River County Job Name: Atlantic Changes 1801 27th Street Engineer. Carter and Associates Vero Beach FL 32960 Date of Plans: 4/16/13 Phone: 772-567-8000 Revision Date: Fax: Location: Vero Beach FL E-Mail: dkeith@'rcgov.com Aitn: Don Keith Prices Good for 14 Days From Date quoted ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 101-1 Mobilization(Drainage Crew) 1.00 LS 1,700.00 1,70000 104-1 Erosion Control(Silt Fence,Jute Net,Etc) 1.00 LS 1,500.00 1,500.00 102-1 MOT 25.00 DAY 185.00 4,625.00 108-2 Survey and Control 1.00 LS 1 2,420.00 2,420.00 108-1 Record Drawings 1.00 LS 2,420.00 2,420.00 110-1-1 Clearing and Grubbing(Includes RR Ties) 1.00 LS 5,000.00 5,000.00 120-6 Embankment 1,500.00 CY 4.50 6,750.00 Remove and Replace Fence(By Others) LF 12.00 Install 12'Wide Double Swing Gate(By Others) EA 3,750.00 Sod Pins 5,850.00 EA 0.10 585.00 Sawcut Exis6nE Pipe 1.00 LS 550.00 550.00 Install Concrete Collar 1.00 LS 650.00 650.00 430-175-101C 15"RCP 44.00. LF 20.00 880.00 425-1-903 In sted I Type 1-5 i.00 ' EA 3,589.00 3,589.00 GRAND TOTAL S30,669.00 NOTES: MOT is based on a 25 Day Time Extension. QC and Density Testing By Others ALL FENCE WORK BY OTHERS. TO BE COMPLETED WITH 24 HOURS NOTICE IRC WILL BE RESPONSIBLE FOR DELAYS DUE TO FENCE COORDINATION Additional Curb,Subgrade,Rock,Sod, and Asphalt shall be quantity overruns per unit price Page 1 of 1 110 ® e a MATCH LINE SEE SHEET 46A Ln wFSt °RNry F I a ��` /1 ru y '•y y I W n Nor C. ``J ?t1ctp00 �. o o� M z"n?� tA, G n 79 � � � asl \� .,�� r))*03.6 I zp' � � �d •.�+j� � � /N O.er.Rl/84 O Br��r�e •� � bps ` �r .�, ��:....•._ +�7'k. {.: �: Wyq�H ofjElA Z ,, ^II S� a r.- /qpm J*P pts" ` t o 4 nqy B ° a ar N ti F 3,� •`��, ,c r, s, I� � • of aq ( > ° 1i, �{. '1'•iQ- °\,"ma/y/+st , C6C;.' ? 0 c- (D r� ep+)d)01 - mr cr o pttFRz{� P /�pfR _ Zr0 � ° kms+ a « + +- +„++ �! O�d�+gM��-TT*��S"A,;� e c e c� '�� i iN (� °ay \ \(�ctma� c. / t a i is•t' �y•.. s t r' A'P Q °�/r ? •'c6j�4 �t.�� ` ) ' \ t�sr w s7q ctAV Ij1°+rt ck O O Z OV, °ar pP�Rq° ?s Ct to ZJ6e,..lf p / ��/B pynr )r t Q. .. ,: -•vpp°� 9 R�,\[,rte "° ) ` N I $ ?.I�''��' sr��s�•'�'Ry��yg4�' s q ,; y O SM .� t,�aZ,f�' )fD Com' /t • .p`f9.66 Br`9/ :L .� AC�3 / d •�'� ata 6�°j66B Z6'Z) �giv�Rt, Board of County Commissioners A `3 Engineering Division ' * 180127th Street ,tLpR1�A Vero Beach, Florida 32960 Telephone: (772) 226-1283 FAX. (772) 778-9391 LETTER OF TRANSMITTAL DATE: August 12, 2013 TO: Guettler Const. ATTENTION: Ben Guettler FROM: Don Keith 9'r REFERENCE: 66th Ave (4th St.to 16th St.)— IRC Project No. 9810B QTY DESCRIPTION Work Change Directive No. 6—dated 08/05/2013 - executed Work Change Directive No. 7—dated 08/05/2013 - executed Please sign an date to show receipt: Signature Date Cc: File F:\Pub&c Wor1m\ENGINHER NG DIVISION PR07ECTS\4810B-66th Ave Ph 2 4th St to 16th St\Adm=\Transmitta1s\L0T GueWa WCD No. 6 and 7 08-13-2013.doc 113 GUETTLER BROTHERS CONSTRUCTION, LLC. 4401 Whiteway Dairy Road Fort Pierce, Florida 34947 (772)461 —8345 phone (772) 461 —8039 fax September 25, 2013 VIA Email Attn:Donald Keith Senior Engineering Insp. Indian River County Public Works Engineering Div./Roadway Production 1801 27th Street, Bldg.A Vero Beach,Fl.32960-3388 Re:6616 Ave Request for Time Extension Due to Inclement Weather Dear Don. We are requesting 20 days be added to the contract for Inclement Weather.If you need additional backup we can provide. Sincerely, Ben Guettler 114 GUETTLER BROTHERS CONSTRUCTION, LLC. 4401 Whitcway Dairy Road Fort Pierce, Florida 34947 (772) 461 —8345 phone (772) 461 —8039 fax September 25, 2013 VIA Email Attn: Donald Keith Senior Engineering Insp. SEP 2 5 2013 Indian River County Public Works Engineering Div./Roadway Production INDIAN RIVER COUNTY 1801 27th Street,Bldg.A ENGINEERING DIVISION Vero Beach,FI.32960-3388 Re:66'h Ave Request for Time Extension Due to Delays Caused by Others Dear Don, We are requesting 53 days be added to the contract for the delays caused by AT&T from April 7'h 2013 thru June 281h 2013. If you need any further information or backup to support the additional days feel free to contact me. Sincerely, Ben Guettler 115 INDIAN RIVERCOUNTY, FLORIDA x Z� wFEmur� (BOO G°aDe La�I DG (�G� OO MC G`�C G��t'�S o PHASE 2 a�g7H 87IRIF177 ft 'fl a= a 87[R DF ED PROJECT N0. 9810-8 IN00EX • Jni; :. SNEET NAME SHEE- 'z+su='3 COVER SWET `:i IliLzuF.aF• • '"'" GENERAL NOBS/CECENC z �� ,F t� -!l9RRtMriAbAFriilS,t.HMlTIIA BOARD OF COUNTY COMMISSIONERS • ° �, \ \ T sw+inv °1M1�� `� tlfi r[7 • O -OF-PRNli,CFCTr1VC'1NtE6 �ccr-rz��c R GARY C. WHEELER CHAIRMAN s «TM,,,; 1 A sR ca _. _L . �� 0 PETER D. O'BRYAN VICE—CHAIRMAN «` �"�` SM AVE�vE P`x' " �RGrRES 22 60 = `; '\ 1 - -SETS-R6,r+.•AMy pRQF F-:5 WESLEY S. DAVIS COMMISSIONER ' - , EF KIN;�,�� JOSEPH E. FLESCHER COMMISSIONER BOB SOLARI COMMISSIONER - - DEPARTMENT OF PUBLIC WORKS THIS PROJECT - CHRISTOPHER MORA, P.E., DIRECTOR , CHRISTOPHER J. KAFER, JR. 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CC •Th ° '° 'SWj `p•• �_ •�' Sr4 C.• I a.aT i I COUNTY PROJECT NO.9810-8 w"OaL w a� i CARTER ASSOCIATES, INC.•~a T AVENUE PLAN 8iXT7-80T1ACON IC ENGINEERS AND LAND SURVEYORS PHASE 2 ROADWAY vammT61708 210 STREET4A!M0 0070 STA.60.00broUR I91ER COUNTY,FLORIDA , PNONE;77I-561-4191 FAX,772-562-7160 AT s3�x6 x ft -•' L W1S9 G01 Atl 00 •c®Roto I I ~ I .r I I I 1 !I a� �,•cc o alu n ms•m,v nr ma■ecr ire '� m•tvr a s■e..ora Roa.a•m. [arit v v v I •t{ sar.0 a.v a j ia�e�oarr b� I •� �•�� t� � i � t+ k SEE SHfET 1 4 F,(?- c TIN JAT 0 [•ts.•o r.c I r[a n nc f usrro i-Ip t 1.� ■w.lar _las { r I I ; ly I-4 iyi �•'� ii M..r►■e C � earn xo v v O r•rw�ept l� . 1+' �'� rv+c� '♦I • slw 1��r w.. I t�' I s . s na• �'[■aW[ I —1 VCI nq •w-rat [1n..1l1) � � ♦ ��i � .6 �•, � 1 �i �;:; - � IYIeY 001fIT IR �� ' I� I amp ____ w ,M 4 s g I I 1 _____ an0o•Iw 1 Lute I __j � _ • I I I t.a■trr. 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I• l i run • Mb• ■ ) LO.►' W yr � � p o„y�y ,' � •� , I � , ,� '�61�Orc a tK ....•. rsr;rl■wa Ip i r.■s.■ w ...:. v.,i .,a. _ ,.sl".9��6r: [i7i•A;t.'.� - i } w Rs. 65.00SIP . j z~ Y c• L�-1ti�,7�-[i•'ti' rtl{,t�.H+4w ��:'CS ��<<?c�� - �,t.A..►y �._:.r:.':�"..r�"e i• "-�_:-•'-;`•.�"'_r '.r_—�_.�` •Z IV to :. ra:• enatr.a ■Iw■wr ir,RfloiLr ,�•rAT. __ ><"^„tra'dk�_•�`"'I..$$r"ya.w _.•e'[ rt-..,, .1 .r3 �i �lnrPy. .66TH AVENUE l - a r1-rI 14 /Wi teq♦•Ot• te[ � _��• V 1t S-ali•,.a eN J.• •,v , t , I 9• or2YR71 Ta t•••L A , r /1 - ir�ala stX RL 7-- r0a rte_ _�' _T- 7-_ e -- '' ■artLL r rwe.r.O.mJ .aro:-r to ae �— Ra0 i-- —7 —•��" rtwen woe .,77 r.eeeec...t. e b,.dye nc meow .• _n In ni rr or-r•>ar•a ow .-r taro,t v v f _ v.o{� .rc rsour res n..tR so —s•.dt't_1_ —fes_L_ �_ i.~�rsrm v v J',�WWOLIr It ML Lan. •r b vw o Ix■ FOR 66TH AVENUE&12TH STREET i N' '1-• x� »�ra»msv a rR c�•' •��•- Y R�RI 1 e:ln■.9. INTERSECTION GRADES SEE �; �,• ro•nrn.a■m.a b-»-»-emc-ao-moots e s}ie-aaml_olao-aan.o p ! X 1"''•*m7 PLATEAU INTERSECTION PLAN ■ SHEET 68 [�d I•j I q I 9't} SEE SHEET 65 FOR CONTINUATION os.rr. vrw sorts..R■r rwe nma '-a (IED Ir le •^t' r; arar.t[r rm r_t rtt n.ae oear.s+a.emra ta[r u..a,ui nr[.-a trtrs mar.oro.terve van u sr■rwr+.re- [u'i+i■oar. n•r•w rn[t.m.a stru es.oan owa[a strtu[nose Ttn ro iPRR•tie'li Set WrLle nr[vm•t ss■ri�m not) m.ar veno Hs[L exee) nt u.a+. )i*i t a +i.'. SCdG' 1�a:6(3• a+s[r a ttn K tr. wr<¢.-tar rt ta+ae wrtr m mwaw v■r. arsrr te■u Ircex�r� 7. i NR IT: ~L�w�un m m.+oe ua It r n..axat ert HNe Ns.[RIQ7J or t t M W:ut s ) MAXata n _nu a IOUW mea st w v. attar ro ue v rsc o m W a ��!•• e7twyttte 9ewt e I ■e a na-iaa C rra-Irll �xe[eR•leJ Z wad-ria. ty n, or or. T ••'S" o■rrn.d-.an •w,w._,aae "• •'••'-'a'• a e[r•111 ,v.ttaa "' .�' F •.C� a xs .e r- I trns+d.lace e.a rot_r... C.a w._wart w..1•JI '�-Ti00 .mr.:ua00so :w._ Qe'- •a= earrw d.Iiss aelre■d-laa w..1•rs 7 '•-uU� $ k• ter rest COUNTY PROJECT NO.9610.8 w�ai a°�-aia rrs ,' 66TH AVENUE PLAN SHEET CARTER ASSOCIATES, INC. .:� BDITY-8Oi711 A�RR e'a"" "t—III 11 CONSUL71NC ENGINEERS AND LAND SURVEYORS �1°Le'��' N PMA3EZ Q ROADmAr BE�ROY®8A6Y8 wi.e t w.-n 170E list STREEr,VERO BEACM, FL 32960 Son[lilt - STA 60+90TOSTA.654M 38 INDIAN RIVER COUNTY.FLORIDA rc■e r._IW PRONG;772-562-4191 FAIL•TTZ-562-71 E0 1 a I4 A I&-_� _ .DRaa•wD I [ra_u.e 10, ; I i I ' yA Cti • �, }: ' . I�'. I'•. 'a •'I '�'• I tib I as .tl►V 07 I b l • W.. <A I I I 1 W t( I a�Mtt a�yS I ♦W..Ill [T.�e� � Z j f �l! �A+' I 1 Yf/i[a ACLLm wp }'�^,Rn.^.S 1,M SST I I.�_ f • �i Se ��T. ^� I .J I .. �,• �•i •i 'I I .mMt.� ,Ylw v�,�Rt , I '�T raW Inti^ a �r I I I b J I IL • ' /'� ! ! i I. l tf' I I foi ' IC MY, Oerolw '�rt. ,,+i-•. —�Y• r -•� .T- t 1 �IO t+' + > i 4 _ ' C rW ITwi 1 rtnJPt GMP.•� f0'to an•2a p 2 "n ryTUK S.Ia•• .1�1�sfuu a Dom: �t• �N,tet W aw w. s cap. '6f�n2nV�o rt/M[[o dGt d'Tt ti/,IIp,t�h$t'j�pn z. ,. r.,i20 1 al iii i s�. In ><r m•y, mwoL 86T _ � "'4FF' • s .a. 4 _-w l 7n} , !•%AVENUE ne ee.aur• •••• I T r d -T -T --7 +- '}'�' wrT.0:-r sw« •fe v r>rorel.sora �! T 1 ;r •e:mv1 � —' T v r rw•uTra P�- nl v ^K + p•y leTYl la• r er2Ts- 2r.«•.`latz In ^� t ,• u[rr erlr =.. (.a nm ac-ay ra -Ir 'n°°A`."M°o'i r� L ala•.w �•• ansa arr) I - ITA«.ri]fY,T I •Yl IS)V Q W 1.V K Il �' 4•alf•a2a �InIALL t,.V wrea ra'..r.m nuo aro•ass :-.•r.e as«mans ,RA[•_rat,p.0u.•y '^ 16TALL Il V d •Y TM WI•ati bv:C aetal 4,.a.S�'.u (nl l.['rApCOfAI'Mrl[rbT 4 r.. �pIMOY.T.IIDB[RT 1 t ITMI 0. <nv aaua �I.L ynU{b -y-J,-,,,tea-.�,-,mac {i[a31 COb-11-Jn-OOD01-DIjJ-0ODpaO _li T''t'AlF'.e ; I i ST4 N.n{•IL'til. a resrt 1•s Deas DQ[l 1 FOR 66TH AVENUE 8 12TH STREET 2I INTERSECTION GRADES SEE [� f�`�;�,. .:;: i fn� n,s• ,•.,K a„T,,,.,, I PLATEAU INTERSECTION PLANit".m? [i* SHEET 66 ten, s.na SEE SHEET 65 FOR CONITINUATION rnai oral.error Kn,lr[rtor �2' a-[•+ [[ona� Tm ra nA lr.n esrat,arla lenau rat+ rOn me l-1 ~� n-,s <` amn ro fv.rr n. aea u.aa•u. X.— m u.a..q Irar'I vm p��' "A a^"�^�R alga anusn u.o- 'al a..art s+.o- S' ,,,2 tare'DI m� E on+al wrw m anlDa.,.as[l. *To mno.ar,T n),,.« °nn,"LLy, r+.+� nmolwmwA 1.ea �.(. - ¢ r error ro arrms as a mar ro m o rn: m/a.n.l. e„aT Te oe a,� 1.m. Sco/e: 1'=40' W.•Ian OUR d il« n.s2r (IYa tTttf� awn 000u Ito[act (� fes• �MLaI ) atni d.[]ia enIIf ro Oe v rrL OT¢l as ae• S. leTle•d.Ian •enol a-LLb ial i iTw M�L R.�a11 Q GI.RV H1C SCALE •OnW 6..aM L•l Ira.I<1l � Ta�aro �.um �j e ter rssr 1 couxsY VRorecr No.sRlo-e :�a CARTER ASSOCIATES, INC. �'. EOF BB7NAVENUE vuw -r��¢I.-•_. BIM-WTM AVOW r•, w 9atia nerldL ' rn CONSUC.TiNC ENGINEERS AND LAND SURVEYOR$ �'{j PHASE2 ROAOSAr r11O110�I7Tt9 sem.ro am-w 17DB Itd STREET, VERO REACH, FL 32980 Sims 10L1 " �'•� + 57A.60+00 TO STA 6E+00 38 � DIDUIN RIVER C04AITY,FLORIDA -«'neat PIIDNE:772_562-1191 FAX:772-582-7180 r 421,rt: N O .7,q; ISH"w �ALL 8'"n CWTO(WA�) ,a FOKE ARMM LkXE' L LAK:-I q I ( Ippopo i --k IM or G&w T4L ------------ IM— cam -PA.. I-ru -c-m (peaA's) P--.w III" "to V Q3 F`I`7nLww1c cxmp.� O v c o'MI r -AA roma f-u 7,2L s. ,c:P-i A T .01 u �AAA.-r IMP E- < PM.'AA,2-z'w 3r om IPIII.0AIL L,IF m'• m"1.=IA w PA. 11 v MWIL "..INA.ar aT m'LLQAPK Ms M'Atl WL .we r PIC .—.IpqmpIA Ar Is P, cip, O W 2h WA .4'T_w r 1AAMII,ac *4v w""7c cm W. M'Au I"1RL 1lr IIC m INc 16, "PmN Oe L11p -171 5-122 =I wrm vt� cu,,' T"t 15 Tfi M"m —I,IP wr ewn ft� (—It IL ILm PI.—.At -2r V. rm wt� —7 CWII.�r�-3 W nA.PPAN "A 6I,w vtm CL I ='L. 2r -3-u ':'A' scole: 1 40' "AM tL-ILL*M.T3.,. L MN M. ��; . A,, ILN •i sc V"?�15 6! ` ILI. COUNTY PRO ma PROJECT NO.9810-D 00 1 V-90811ATEME CARTER ASSOCIATES, INC. GM AVENUE PLAN ROADWAY MMOVMMffs CONSULTING ENGINEERS AND LAND SURVEYORS 4 T 9 SHEET DwULK Rrm COUNTY,FLORMA 1708 210 STREET, VERO pEACN, T1. 32,60 Z12.L I PKASE 2 772-362-4191 rAX 772-592-71H STA.WOO M STA.?2-00 40 NJ 00 SEE SHEET 46 FOR CONTINUATION ® a . 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I. finesw IL-1an G o .R •o. . mow 49 COUNTY PROJECT N0.OMO B w�..+ et�meao fw ~ ^Tt:1 v SMTT-8MM ASW ,, FCATER ASSOCIATES, INC. nat� ;Q 66TH AVENUEPUWsHEEROAoO)AO'�G D1NEERSANOLAND SURVE10R5 - �•• PHASE20 "st'� r"rri-rrEET, OEACH, R J2060 i IOttmvzm COUNTY,FLOR®A sa.e ; a I1Pzj 562-4191 FAS: FL 32 2-7180 ,�y. • STA 72+00 TO STA T8+00 42 1 N N NOTE:SEE SHEET 46 FOR SEE SHEET 74 ATLANTIC BLVD. DRIVEWAY 45 FOR LAKE 3006 i L\• .k'C 1, ti\ a-afaaer lik \ %L • ro S RtcCp t Fern R�:.'.=�.a+o� 7 .s's x - 'L .`. .� T,� r� x+ qi r o s,-e/ •.c +a r"e'pgn_4 _ .rG � >f�(�a Gr � • .t.yi rovr fsn'$'Ir �rRwwr •. a- � , .. .a �w:-Tr.r. ayy{a/ •lass A+f1 t. i mm W� p �y ... 1�„ � :1!"• ne[Tawy�.� a,t�na Irwoanr��li e�. of i1..R ; �,cn.� A„> � a F3'I �� (1� Z �o•Con f `•. Ic..,. YL�i t tm s,ms ilfi�ie��.7 :f.: v n0p� .'�✓ AVENUE PGi^d f i rveuen. "-4 hr �— � � � -w...•.•,' ��k°^>Q.y"'J \ r�f:�as.ar,�u p-_)�rrr '•� ' Y. � . OfiT.ICME(A r•.. ' -�# L ,aaK 0 , T..T <Iaba,O � • � • .. •f•. •C •1 51..•n r RA 4.)a r Mf. tax ' anal l fm v..oe m�k .mla1°9a.Ta u .[..0'.. r .Ta.•.1n1 a..aao xwzAY 1CA TaaA,lar^. L pry an-ap I'alr Tp aw—,/Ull A wfr,ay r eno UQ1t J g ne 11 v.e+r nc u +. .• \ :'w6 1 .oa prtw wfTri tao- lay.(iafcJ a-xTa� r—.r a,wr a. ,•-f rav7f-mss 4. nA. .a x•fr wnu �- {arr. '''lC+• ^' .Q \ wQ a.w n�aa `+ i. \ Ir'! i,'.� x� ueroaa°o�i<u�v. +o:/ia L 1 .wl,� wCTN1 1Z/4r.er IE-' *'� y `: � �' +' x*- • ' \ wxi ro wTa ams r nc s.mr,w Q,� >••�e nm�. "�• acs,ef fyu,av[ \ _•� -e. T�n.'ea:+v NOTE:SEE SHEET 46 FOR fC�A A7DVgTIC BLVD.DRIVEWAY RI6T. PTOS'0}101 MLT TMC fRpl1 [Cf6T RI'T TTiC►- •••V`J I.i,)�, GRAPWC �CAI.L n ro[ea[roc liar Tt ma mfiv,7yR n mr) .oTvm'a-rau rarxor a.+py-•� Ar°.?GE;6 j •�-`" � COUNTY PROJECT NO.9B10-B A _ "°°' CARTER ASSOCIATES, INC. -,. :,c;- SM"-SMT66 AVOW °'� ^ BETH AVENUE PLAN SNEE ROADWAY RAPROVE'B1r➢6T8 CONSULTING ENGINEERS AND LAND SURVEYORS saves n"Nda 'i: �'.-•'•. . PNASE2 �"`"° [-"'-^ 1706 2111 STREET, YERD BEACH, FL 32960 sins 1611 _ STA 7e+oD TO STA Bdv00 4 4 INDIAN RIVER COUNTY,FLORIDA ae r-.r.ea. PMME:772-562-4191 FAX:772-S62-7150 [,• rdd1,� 1 N W LVni. OIOI wrtau rta!Ro•L LO4r. w[T 111c O NIO "4 }� ' o.nr5 amen ,rim s.••e� tla5r nR Sata•,, O rr"5 I-5 �� '- OfQT re Sd,06,t1!l!. Orf[T A mr it.[ wra a-n.w vrxr m c +ia'L1- rt,wm R 2L 53J7 C•,R T -SaA r f�9c1.a1 aL 210 G 'Al- nr.a n. 5>> I Pont mt) �.w. 'Lc I ••. rt+ aaee a t.n iw.- + tL wv.-iaw sru u'ivue*usneLr �I�� aLrt,o.'n.-.an te.ornate wLc wlrot n--tut wow a-,ay n�p. ' na a5•ee.H.r L> a+r.0 nyusm awn"r 1UeL"7^"100R.tml-+,ru.�•,.•z 1' i t{- r a.m•iu.6 anA ✓ r maw a �.+e 11,LL aw V.v .. .!•-5! f l'O A T aLR1w �WWwK13 •ArpYyt 514 ]!'LT nI•/.t rtw4 �o�+l�1T- / !�•�' p •eI 0 .7 Tdl.r nte+u,w a- Sam >.v Y su;wn. t 5 rup _ 3e w•ass ..a,.0.ov v.v )r° ' ». 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Ti .,vilre,.ie,< L ` -/ \\ c1 • e•.nt•.ett•,l n,n.<e.r,. tYTp rsrve a,5a�� \ �., \ y\` - .` 1 'moi,J*, f�Y tea `�s`� L,W •IT4 . �•-S�acri ea5 \ \�•\ \�y� arncl•�� )�\ //�e�, '•� en rs!lamim ca�'ar.a "�' �". + wv.a. a '??5 \••• f / a.ast>n n.sF "'S "b •s, "L '�L -„ - pcoL ltSSl \ S \ \ .tt •o, �' e' / m oe v,ao•.r am na\..�`vr.r \�J \ .•.� `.,.\ ✓. / r.n.`.,12-.r Lc El7t Na 316£7 r - u Iannl COUNTY PROJECT NO.0810-0l�eL.a .°la-u'vw CARTER ASSOCIATES, INC. _•' 66TH BATT 8fMW VEMN °'� .5. CONSULTING ENGINEERS AND LAND SURVEYORS "1 n°r1d. P'•=W DIOAOmAT Rl�#OYi a.e is [-w>-w stem l9ll ', PNASE2 �� INDIAN RFYER COUNTY,FLORIDA Suc _ur,q,i 1708 21 s}STREET, VERO BEACH, R 32960 STA 8As00 TO STA 90.00 -+ r PHONE: 772-562-4191 FAX:772-562-7180 crt +� dA, a N 4TA HA 4r LC T ♦ 7 9 I T`L •, Ol �� I 1' ]� /Tw Ma7L tia•t}. i I - I" MID— 4' :,. _, N 1'•-,04 �o10TE Osrre T ttu� 6.♦il.e ti pN11i Li •' 'ir- 4eIW lr wT�}�Rg10pL) r� 10R.IL IYA'l fir. Vll�% `` 4'u-'Mom twi� GRAPMC SC LL 70 .0 ,p 1 ItlTW �)3 IY'- i I �d�,�{{y►� �� W.41-Lr U i W1n..ala• •.icn '�. '• •, —� �• v., 4,e }M`•`` MnLCMR TO VEWV EXSSTWG PULL WI ICCAMN PMOR To OWCnDNAI I co '� r4ar em/l,>e, ,,}}e l BORE,A[R/KSTALLATION AND 3iaw li K JR +la \ A•� T4 FNI[R OPTIC CABLE I W. m LT. vPu 10 TER I w wrwr A on r r.1e'LT._ W..-Tal Il.eeeW ?6 � c....ler Sm OWN TM).n.ocm e0 com Pev,A w 4L Anna` 4t OD1feAR40A AfI 0+01 001TW 4t•111 ,) � 5 00460 Is{CI01@RM ro CORr upNw x 1• C 26 z t 26 24 1 24 22 22 i 20 mslre 1 --- --- 20 '-•- 18 — re ow Ac - I 16 — 12 4n- 'Lit hD";9667 +� •X667 R lWKTTCOUNTY "OSTM�� 7O'a �' CARTER ASSOCIATES, /NC. r,s en res CONSULTING ENGINEERS AND LAND SURTETDRS 9er� ]IariAa •I^• `� r...'lt• TH AVENUE PIAN AND PROFO.E SNIs. i AN RIVER �WTY.FLORIDAi era 6 r u1_n PWISE2 ttiWAN R1116R COUHTI',RR .oac r.,P l,eo. 1709 2141 4191 ,VERA BEACH. FL 3262- Ifmw itll STA.90+00 TO STA.92NID 49 .. r. 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COONTT PROJECT NO.9eW-B CARTER ASSOCIATES INC.sae m o.. , 57A'fE OF :It : 66TH AVENUE SxTr BIXTA�TNR IB r_wm Ios CONSULTING ENGINEERS AND LAND SURVEYORS S*r nMd, PHASE2 ROAp9ArEL9AROYli@9QT8 170E 21af STREET, VERO 9EACH. FL 32960 6leea IOII L"" '� ''WATEfIMAINCONFLICTSECTl0Y5 w�j•8q INDIAN RIM COUNTY,FLORIDA loaue -r t PHONE:772-562-4191 FAX:772-542-71 EO '��•` .r.az c.r '~�' ati ni �21nu111' N V fi' 9 5 6• PIPE CRADLE NOTES: w°awu>a•wxRVK�raxi®nwro°�rnrnn°Rnl• RPE NIO FffTWG NOTES GENERA.mMs. MPPIPM aev m•RRIR xR�Ol4v xe Rt OiRiiW'A11R MM10l T1WtWwsrttil®w•mod+4rnlrww t aann \b NITW04pl R,l'at gllrlWllJ OP4KMrm Ha R)lLLl iww DWS Rr4RE4DmMV'MlC[p 1A•rMO�TO tII x AolrnroLE MIwLL INTE trra KMBbgymzDlr[ RrrOrO0RBr1QM1A0.10lfWl IrMR LTeinNKRQIvwIOCS 'Pr.W,9 Nd1np Ol.Mwp.®Plsl -1l r1P 11180 wrC1>IR#i[GOYQ 1a90RIMOn z r1NQfMMR1R x OPQAa®1w@pM tAR40n 7uiEz(1 YO.DQ[.T.u•9wrrw� aPr prrlwanwrmlcQreaawOmVn TIIOAI ax.Txra0A9rlT,lrt••1•+rr wmAZPnvrlrtmxP: TTrdT RA'xwBTrOT10101R zreeK O4a!1 rb -°LxauocwTKAo6mswR�T1EFa1.AiWcrNK CO+OI or tRra rlNm OWi Kr.n9waau9m•mwe BatasaTm cJ PINOYOB.AOIRAa=OWIRAO�if9RM•Ril rM1C RI1 aIR11 ) CMOlD P1RxKN190 4Er1N'C!•D Rr'01M�CTfaOff 1 OWIDOWIeE°Ano®mlrB uanran ua°eNloanawr, war,l4aaaST pllnANDTx 41n IN ,pMF=M1MI IwIK. 1P• ED taMgM1 LIMO111fA 09 YlRf�1®®YL T1R r ifNNRt CIfB Rz{MDNIR 6 M 06i VEOftW NMMOON NEOPRENE + vAlRxal 1 KL RAIGEjoin WO k'Ipr7Fj i0 NOR.l tEmpO1TfDR;106.t t RRPIIBl MMIOgAp MLEVea/R91p1RnO1R MH"W- MRO RinO/EO/Ora BLARING PAD NOMARtt>a•MlT6Tt01a1Pll.eromoQR arwrcx nT>ct.'w t 1 axRB RrrR7PW1 R91A:TMr Rox ROAN)IANi.L[xI1MM O110eMg Kipp Alta TlpplpMPt RTpRLDOT,B01Of MIr111 I!R•BOrt16..apQ MiIEAUK/14rtr11rtifT DlP1! t Mt°nGRwIK OgiKM'AAL'.Igepp 71/,zTawr'v N1 a M1rtP�AOwOFz10°w9OR5s N00.4 KSA./SD1RN11mQ RRx[ORp6ll9NfOL111rW fKOI�V] RZUII/.+6Wr/11Lrt71W1 RN01rii T�MOL 114°•4 rrfr A1D19'.1r11MrrA1OR1Ray11VUT1a4r Np°rtia01RA4 ATAL RYnuTMLtrOOx rearwRM Oert,'ArM.rb R-1.M' L r•(OHLLKiARNm AM OMpe RM NR RrIAW M1i$ ra.oMo.,R1 Es.rM1•rr10.V mROIKOEMINIW�BQ • rPx1Mm°Vert KtMM �+/R T NiWOgaMt+AllprrR 40w.TRPtly P1.11 W1A°ra OOt.A r11111aL ORll OaIIDMM al AV AwIAR3rCR KTsm6PD0+•TRx Mwn+BaxPeersro sswrrr+el urse,R 2iE I 1-1M UiTO/ri HOLE rw9 ATHaaVlYr awt wwwwm M a0.Z.M.f1A Iz�NNR�r QTPIN4•arCW aLA41'Mot1 "AroAmw— �) CENTERED IN BLOCK MTLlntTIEa NC Nxrr•[Nr1ad A10Q ORLKMMO VJVMTO tP:/=IN15111R MATT 0U .MMMQ I W BEE NOTEB FOR MEL RawoRGINO aalrrJ KpwlM atm.oeln V W m RepKM pwv.o T 4POxiOWZ RrrrDMONO A+Rmm W77MMIR1i0m, LarrrOlAOMrEUMrlPszeD1•'rrax rr°ra+rrllWARMOdmt -[dT I.I Yiy 0111 RY�fLM.�OzaaORfrrgEBAar,iMFR°IIIE UTILITY DECK PIPE CRADLE �;w m'wM mIcp nm awe �e Term N M sen vv1 OLMRr� CONSTRUCTION DETAIL STA 76+87, 48.2'RT. �E OF B"0.1.LONG BODY BEGIN BRIDGE CROSSING N.J. SLEEVE(OD NOT RESTRAIN) 8'- 22 t/2' N.J. WHO(RES.) STA 79491. 0.2'RT. T.O.P. EL . 22.89 2" PIPE END SEPARATION REOIPRED ENO BRIDGE GROSSING I 18.3' .P q_11• B"- 22 1/7 -J.BEND(REST) I 20'-0'rL. 20•_0• ■ R P 9'-11" T.0 P. ET.. - 22.35 Ft Pe 201-01 FL a rL 20'-0•FL. FL 18 'r+ , PE 8'- 22 1/2-ROTATED rlED 45' PIPE JONTS MO ROTATED 45' AND LEND-.15 eEtDW HpwzolrrAl 1'-e• 19•_Li I 16'-8' T-8• B' 0• 7,- , 16'-0 19'-0• I—e CVwTER LEMFRLINES REGN L/MM SLAB 49'-0• AIFI REI.EASEhA000IM ENO UDUTY SLAB VALVE IN57ALt/.i1ON 62 EL 26.23p � El 76DR e"D.I.A. LEMERUNE B"O.IA. CENTEPLINE WATER 1 ,6 C..EVAT— - 427.15 ELEVATION . ♦27.29 RIPRAP(TYP) EL ROS ') .,�'t�T.l~...iy,r•L t EL 10.3(TYP.) YR.Ls•'>^i ELE1ATION � COUNTY PROJECT NO.9810-B STATE OF :� Am 4 P�i°10 ,. •YMMM ,,,� CARTER ASSOCIATES, INC. ^ P:Av P.a m >ax CONSULTING ENGINEERS AND LAND SURVEYORS , ROADTpAY 81�190I�OT>! wr.A & 71Br18A / • 'x 667TI AVENUE SHi1 INDIAN RIVER COUNTY r FLORIDArna r-xv wer. WATER MAIN CONFLICT ¢ 1708 Val STREET, VERO BEACH, rL 32980 SIL+1911RASE W C•8 B PHONE.772-382-4191 rA)h 772-552-7180 naaw.m crra rnS c ex1N CANAL BRIOf'E GROSS`G ..i N 00 V WO W61000E V CL.AER -11 TA000E STA 76+60 R W STA 79+09 STA 79a5e M•G0.EL 3637 FN.GR EL 26.62 Pa.GTI.EL 2631 SURVEY USE UNE MANOR CHORD REMOVE V RIDE SECTION OF RIP-RAP TO PROPOSED PIPE INVERT. CUR FILTER CLOTH ALONG RPE CENTER. V FOLD BACK FlLTEA ClOTN AND INSTALL RPE.FOLD S P BRIDGE BACK CLOTH AND INSTALL 4'WIDE SECTION OF NEW 3 CENfERUNE FILTER CLOTH CENTERED OVER CTR IN OLD FILTER CLOTH.REPLACE RIP-RAP (TYP. BOTH SIDES). FL of 8"D.I.LONG BOOT W.J. SLEEVE(DO NOT RESTRAIN) AIR yi, m VALVE U„O� N 8' FLANGED D.I.P.WATER WIN 8 CENTERED ON 4'WIDE UTRRY SLA8 FOR ELEVATION VIEW SEE SHEET WC-68 FOR CRADLE LOCATIONS SEE SHEET WC-86 RIP RAP(TYP.) B"22-1MW NGED BO ROTAIf'D 43' DE BELOR TWN20EtfAE 8'22-1/7 FLANGED BEND - ROTATED 45'BELOW HORIZONTAL ti� •-.• •� •,,SIC ;••••,.f:� WOWW"CROSsm ,q'y BECNN BRIDGE CROSSING . .T: 1!,'� 79+91. 47 2'TR. 57A BRIDGE 46.2' RT. ^I a ` V -Bt% i) B'22-1/r M.J.BEND(REST.) r LH no.}x'67 •: tp.EL -+22.s 9 a ,c T.O.P.EL � +32.89 - ' : i: STAT�Or Y" I COUNTY PROJECT N0.9810.9 . r.Aa�O ' CARTER ASSOCIATES, INC. p,: eBTHAVENUE 80TTY-BaETp AIRIMJ! 6m16 TI9T14 N � PHASE ET ROADWAY @lORD�1T8 '� >m CONSULTING ENGINEERS AND LAND SURVEYORS WC�B 1708 2191 STREET, YERO REACH, FL 32969 Sin IOU WATER MAW CONFLICT Ii U D®1 N EOVFR COUNTY.PLORRDA -p No+z PHONE:772-562-4191 FAY:772-562-7180 '�'�• MAIN CANAL BRIDGE CONFLICT G bwlp FIC� N t0 nObw Apt As me �f y imo Kp�.iLF w.vin r.f r t�`1w t�1 rol[! yarn,��9ae OMI[e>e.YK fa w r+M rr.rw...a.wrrNa..tr r.��wr r rtq � //// Li w~rrr trr..w►M\rr rel\.rrwLirwlr,e.w r, _ arsq uwelm //I//// i////\//J >.wr}wr rrrrr.n.r\r rrr•Nrr.IN e.awrra rMH f�1 //// ewrrN Ir�wM\w 1w..rr.rarw<trr M irn.w r•r N. tee[_r,wOIC 8 1\i xOrKlRr C[1R.M117MI ///I ////J// NiMI4 rwNrrlls.•r..•1iM1.YMaf.rOlrlw.•\.iMwL. 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"WAVED EASNFMbT n a wt•a uew I r l .t,w ew r r.wec R ww m w W-12 w::2— ww..n•r w r..w•••rr.r•R•..r.r.. r.rrr r•IKw M-1 ENCH DETAIL :..:r'..' ....i�.,�.,.;"..',,`.car�.iu',;i.�+••I... vTR+vtD iweA.\owoclol M-2r.et o<r<t emu TEMPORARY JUMPER DETAIL NOTES .a....S— t rarow u.r ra al/S w.P �wrw U U qrO rDeS l•�1 r p.• DLrDa1_ n L •M l®t .11f1'�• i n'.e°�.¢ri w r•"�•w r.., w.a<wK r..me. /... .OO�r1.1aI srV rurL�eerTayJr)ar A w twr.wb w 1 _ IDEM v.•. 1 airM��l�A I1 M RbO OWx� �AUC901 �9Et�tp R wK PLAN YLR WU ]r (.w7 aTdl�� n n 1 6lr[vYK .car.m uaeITT wmtm2 - 1 b g °loot NOTE�� ELEYAIIffii M Kb.p .otL qt upp ewr< � �yg•�t0.r!1 f • � I t� � .b rRwrp if.aw trLL t[w.M Rte sett.w use. ••�. yvr�, yy G_ .auar tiv anI tw.v D.r oee.�w e®r.v<t rsr.erwr<r m cues Lac. _ m'•an{.�e d I ��'•t..oero w ew u rrw,Irw Yea,.A sa.t�f .. ..+vi t �� Y R rr 1P w..n awt va['bw.t tYl.ar a.KP rb tr,.e wb a .aKr.K Iit.is wi w w entre D...rr r weaa.rre'..�t er�.w. sI Nrr y+ -I- -�-a n��I�<bwlliRR�len.I.rui.R.0 IarM roc r••• a .`rs aa:.ar�wi .sr .err�s Imme w e.�""nr orm�r•n NOTES NOTES ElEYAIIS3f. rR>,r.a �`w. K rtt 'wr k wru':r.�.e"Rsw..arawr'�'�.wcpe`rw \I r 1,•r. 791[3 r wr O rwa.rrr.r..aa•eswer..w try...+w.r rllsy awtr t _rhr'•r..e n,.•...w.ww i awe a..er. �..••''�' _ �ww='rm nI...r.ow..rla tx r ra>sD.rt an a-5��3. I.. rxmrxrt ab r a.er 4r1 `• �{+'rir.w�+'•e.+..r.r..... u.forwe u.rrrertn t+ ..0<uae,.....I..mx www.sea .`,fit-,. •••• i r':r'r ...rw....a r rwe ••«•••-. x to tV/sw Iaet rYl t RroRur mcs>rinclm n[AT n w wt�a+t.sr.tK A`O�MW I�ferr�A r 1. � ,G c N �9• �TRACEWIREDETAILS ~ TEMPORARY SAMPLING POINT �� ""•�„�,��.rrr.*•r<wwr.,...w...a.s Q.' �- u,�; e�'>r� +•<.<.��.,�.< wt.oa wa M-14 f R1O1OO10"`I UTILITY CROSSINGS W� M4 = �AANUAL 2-BLOW-OFF "'c W.3 COUNTY PROJECT NO.$810-9 ,.�a r"O mo - - �7-laTM Aram 0� ,° CARTER ASSOCIATES, INC. NTH AVENUE rret.en it< CONSULTING ENGINEERS AND LAND SURVEYORS S TI.Ad. n SHEET MANROADWAYRIVER TROY,FLORIDAwwL A 1708 2141 STREET, YERO BEACH, FL 32960 Siwe 1911 PHASE 2 /1 Um11AN POYEII COtR(TY,PLAIrale w sr/at PRONE:772-582-1191 WATER AWN CONFLICT DETAILS W V.9 FAX:772-562-7180 iiae. c - � ueKt.Ddr( weatfd.�. W r >atLRm 0.,.P.IDK... rvr uDP.V. tV. tt nrtsuSD tDRm N rQi io1 Im{RTA as vVOa G•.P,R touRv r rQ¢,.sa rwr G .••tr.w.•e,pt,•l.are r-o ' , +r[*ar R lnc•an rsa,•lt na a r•.• �x•a� r •r.Y u s v .L, r , rr r .oan ua.s aa+m n wmn 4 a . ,, g �—� r _ _ .. .. .• .o-•.aY.nose elu f•e � '��`:`r r w r r a r w r ' ' ' �• K --tor r t'b.D, r r r _ r a w _ . • ear s1v l r .r r r r .rr R a r rtOm AAn[ w w w M a r rrY .I k watt.•lt K a • vwvA r✓1 ) ,� _ s lrr w r raw•.,naa twl.ut "�' w w mr r w rRi,rKar Rr w + � � �R�Ji�`� w •r a m y .r fw m m r R . 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R.mrc,w wn.l na r rlt R.so.a,r r mm. =wa,m s.,••p a•.•.a.wa (ort 4a1r0 ran taw vAtK) y VS arta(Ts) NOTES rwf.>nm swt—n ,r�'w••••r•.w.w.m Y•...a.�..o.,_,�r, r•K`Oh sa.c'r r r•r awer,t foss fAlt R wrm w�a r►.c frr mus) =VA-1 NOTES ELEVATION `Lts�'d•�'i we,.r,,,"®^w"'r"` � '�Le+a• aaa�`nrf w r�.�:�. fa.u.aw.c NOTES ...w '.•..,.1••a s.Wil'.r a u R+ns r.r rue.•lt a w.,up•..o.. m w.....e.....ptr.w w•r�.yr•r .atw,wr!r.a.r.l•m.r r. a m�r..n a•r.aeo w•sa•o repuf. •u wt ran rat R r•.wo e a w s. .wwr r rat�al•ra w ra mrs:a..u. 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N DIAN RIM COUIITY,FLAIMA clp •,a>.-, 1708 21t1 STREET, VCRO 6EACN, fL 32960 5intn loll WATERMN CONFLICT I)ETAP S WCa 1 PHONE:772-562-4191 FAX:772-562-7160 w,r.•ar�aL.0 C.•. f 1 W iat •e�eanaa ,J�°�'�j Ar IR r v.,•-/lvfrs !r>M.LL R Calera G N AS- &TAMI ll /TO SE 6"OMM R r .n'.w 4�lbi-'TJ Awl aYYlt IYtKYS olYYl N.Eo COUYP/ O/ilC�WdT AIO itt]MY diAMtM05 wt �Idw s AraaTY�11r A YlurT/erlteas .�aT r 1r lvo as7Mar uauttualrts +.t."ro K.'»s�r Yrfl pW awraell wnnr iMa d am.ma+ 47TA� zarwic... t.w„aw�..w.0�7.0 m w t•frwv'Isant•r.ar n r r[r Aw nwi AY1Ri a'rocc Ywr Nr[r►•w�ry.r aaMrara.a Cryrer•ase�ab. 1[ w ••ertA,eerq rwal Mlrr T.'Rf,rC llr Nr rr .MATr 32211&wo i w[+f�yy.,�mr,Yr4a�Mr lefdmtr/W ud.war"-wY•Rd bel M ' o ...a.r" .,> Y,wroYv: „..ai.w._ rr •r r u ... 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ML /R.x vnrw nr1: 17.70 Ro77W LUV. 17.W RDr1w Ez".. 17.50 � I I t I s ^hoeft Woo RIVER COUNTY •�>' tnr y toot nu SW[[T ® Oepphmenl of Pub!/c Works 4TH STREET 8 K�? a n s:rm Engineering Olvlsion �f121ORA/NAC£ /MPROV£M£NTS w w m_-w. : m ____�__ w, a._1.1d _m.m________s � ■ N b � § « j a \ } [ % V � � ^ 3N17 44Y H � } | . u � w � � 3,VT7�Y ® 3N17 as |§ ` %$ �� 2§ �k § \ ' Ot $\ | �# �� i■|: � ® i, u . | 134 �T CONS L:NT nGL.NDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: October 1, 2013 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Joseph A. Baird, County Administrator FROM: Jennifer Hyde, Purchasing Managc5pkl SUBJECT: Approval of Bid Award for IRC Bid No. 2014005 Annual Bid for Instrument Control Tech for Water and Wastewater Utilities 13ACKGROUND: The Department of Utility Services requested the solicitation of annual bids for Instrument Control Technician services for Water and Wastewater Plants. This work includes monthly maintenance and emergency support for operating systems software at plant facilities. BID RESULTS: Bid Opening Date: August 30, 2013 Advertising Date: August 9, 2013 DemandStar Broadcast to: 553 Suppliers Specifications Requested by: I 1 Vendors Replies: 4 Vendors BID TABULATION: Item 1.One Day Item 2.On Call by Item 3.On Call Bidder City/State Monthly Visits Phone Site Visit (Total Annual Control Systems Design Bradenton, FL $30,000 $150 eng/ $150 eng/ $125 tech(4 hr min) $125 tech 4 hr min ExtremeControl Jupiter, FL $25,800* $100-$150 $100-$150 Systems* $500(4 hour SCADA Solutions Port St. Lucie, FL $24,000 $100 minimum; $125 per hour beyond) Tampa Armature Works Tampa,FL $23,880 $0 $1,250/da 'Extreme Control Systems noted a$150 monthly maintenance fee within their bid, increasing their base total annual cost from$24,000 to$25,800 ANALYSIS: Tampa Armature Works (TAW) is the low bidder for scheduled monthly maintenance, however their unscheduled site visit prices are the highest of all bidders. In the past 24 months, we have required seven hours of emergency on site visits and 13 hours of telephone technical support. NFilexmer2Tublic\PurchssinglBids\2013-2014 FY(2014000)\2014005 A-1 Imt—ent Control Tcch\Agcn"-2014005.doc 135 Pa;e l of 1 Donald Keith From: Ben GuettlerfBen @g uettlerconstruction.comj Sent: Wednesday, July 24, 2013 11 32 AM To: Donald Keith Cc: Kevin Trost Subject: RE: 66th (Atlantic Changes) Attachments: atlantic changes rev 3.pdf As discussed see attached. Ben Guettler Guettler Construction 772461-8345 772-461-8039 FAX www.guetfierconstruct'on.com From: Ben Guettler Sent: Tuesday,July 16, 2013 11:29 AM To: Donald Keith (dkeith@ircgov.com) Cc: Kevin Trost Subject: 66th (Atlantic Changes) See attached revised quote Ben Guettler Guettler Construction 772-461-8345 772-461-8039 FAX www.g uettlerconstruction,com This email and any files transmitted with it are confidentlaI and Intended solely for the use of the indiv,duaI or entity to whom they are addressed.if you have received this email in error please not fy the system manager.This message contains confidential Informat;on and is Intended only for the individual named.If you are not the named addressee you should not dissem.nate,distribute or copy this e-mail.Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.If you are not the intended rec,pient you are notified that disclos'ng, copying,distributing or taking any action in reliance onthe contents of this information is strictly prohibited. 17i11c11)n1 111 CONSENT AGENDA Unfamiliar with the company's qualifications, Utilities staff met with TAW to discuss our requirements and their experience. Staff determined TAW is skilled at installing the systems, but has not provided continuing and emergency on call support services, as our critical utility systems require. Therefore, staff finds TAW is not responsible in terms of our stated requirements. Expenditures for FY 12/13 were$25,000 and for FY 11/12 $25,500. The new base bid of$24,000 is the same as the past two years, with telephone and on-site emergency rates are approximately the same as the previous two fiscal years. SOURCE OF FUNDS: Funding for this expenditure is derived from the Water Production—Other Professional Services account budget in the operating fund. Operating funds are generated from water and sewer revenues. Account Number Account Description _ Amount 47121936-033190 Water Production—Other Professional Services $30,000 RECOMMENDATION: Staff recommends awarding the bid as follows: • Award to SCADA Solutions, LLC of Port St. Lucie, as the lowest responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid. • Authorize the Purchasing Division to issue blanket purchase orders for the period of October 8, 2013 through September 30,2014 to the recommended bidder and, • Authorize the Purchasing Manager to renew this bid for two (2) additional one (1) year periods subject to satisfactory performance, vendor acceptance, and the determination that renewal of this annual bid is in the best interest of Indian River County. ATTACHMENTS: Recommendation of Award(Department) Bid Tabulation Bid Submittal APPROVED AGENDA ITEM Indian River Co ved Date Admin d 3 BY: Legal oseph . Baird,County Administrator BudgetDcpt L artment FO �[ it� ��Z3 Risk Manager C Ooeumenu,nd Senrm•.1kirutk&U oc l SealagATemporary Inrenxt h da\G menLOraook\IIFZZGQ"o�,'&.2014003.doe 136 \ ORI�p' INDIAN RIVER COUNTY INTEROFFICE MEMORANDUM DATE: September 23, 2013 TO: Jennifer Hyde, Purchasing Manager FROM: Vincent Burke P.E., Director of Utility Services® PREPARED BY: Terry Southard, Operations Managerr� SUBJECT: Bid#2014005 Annual Bid for Instrument Control Tech for Water and Wastewater Utilities Background: At the request of the Department of Utility Services,the Purchasing Division opened bids on August 30, 2013 for Bid#201400S—Annual Bid for Instrument Control Tech for Water and Wastewater Utilities. Four companies submitted bids: On-call by Bidder Total Bid phone Hourly Rate Tampa Armature Works,Tampa FL $23,880.00 $ 0.00 $1,250.00/day SCADA Solutions Port St. Lucie FL $24,000.00 $100.00 $ 00.00/hour Extreme Controls System Jupiter FL $24,000.00 $100/$150 $100/$150/hour Control Systems Design Bradenton FL $30,000.00 $125/$150 $125/$150/hour Tampa Armature Works (TAW),Tampa FL,was the low bidder. Staff reviewed the TAW bid package and called all(5)references included with the bid. Staff also met with the TAW representatives. TWA did not include a price for Item#2 On Call by Phone. In discussions with TAW they were under the impression that this was for normal calls during the work week, not after hours troubleshooting. If awarded the bid,TAW has requested permission to bill for afterhours calls. IRCU staffed called all five references provided in the bid package. Four(4)of the five (5)references gave good ratings for TAW, but these ratings were only for installing&start-up of new software/SCADA equipment. The references could not comment on monthly instrument checks&emergency Software/SCADA repairs. CADocuments and Settings\aobertautsch\Local Senings\Temporary Internet Files\Contcnt.OuttooklXOW7294F\Mcmo to Jennifer Hyde Bid 82014005 tnstrument Water Plant Sept 23 2013 Q(2).doe 137 IRCU staff Harold Seeley Chief Operator, Mike Vernon Chief Operator, Richard Meckes Wastewater Superintendent, and I held a meeting with the TWA representative on Wednesday September 18, 2013. During the meeting we explained that on several occasions our present Instrument Control Company had been called because an item within the plant system software/SCADA would not allow us to start the water plant. We discussed with the TAW representative that in the event the facility was unable to produce water in a timely manner the circumstance would be critical. In this discussion we found that TAW does not have any ongoing contracts for monthly maintenance or after hour emergency calls for software/SCADA issues. TAW indicated that they have two(2)software/SCADA employees that could perform the monthly maintenance and emergency callouts, but could not guarantee that the technician on call would be familiar with our facilities. Additionally, it might not be the same person that would be working at each facility for the monthly maintenance. In the last two years the present IRCU Instrument Control Company has responded to one(1)after hours site visit to resolve a SCADA system issues. o Total time-7 hours. In the last two years they responded to five(5)after hours services calls. They were able to resolve the issues by dialing into our SCADA system over the phone line. o Total time-13 hours. Recommendation: IRCU acknowledges that TAW is very capable and experienced with installing/start up of software/SCADA equipment, but has no experience with emergency callouts for troubleshooting PLC software/SCADA systems as the bid requests. With the critical nature of our after hour calls to troubleshoot a problem we do not feel that TAW is capable at this time to perform the duties as outlined in the bid. Staff recommends the second lowest bidder, SCADA Solutions of Port St. Lucie, be awarded the #2014005 Annual Bid. The SCADA Solutions technicians are familiar with all IRCU Water facilities and staff feels they are the best bidder to perform all duties outlined in the bid packages. Funding Funds for the Instrument Control Tech will be covered under Account No.47121936-033190,Other Professional Services. Funds Budgeted for FY 13-14 are$30,000.00. Cost for the past years are: FY 11- 12=$25,500; FY 12-13=$25,000 CADocuments and Settings\a0crtautschU-ocal Settings\Temporary Internet Filcs\Content.Outlook\XOW7294FlMemo to Jennifer Hyde Bid #2014005 Instrument Water Plant Sept 23 2013 Q(2).doc 138 Bid No. 2014005 Indian River County Purchasing Division 1800 27th Street,Vero Beach,FL 32960 Witness: Sheila Votzi Bid Title: Annual Bid for (772)226-1416 Instrument Control Tech for Water and Wastewater Utilities Witness: Jennifer Hyde Bid Opening Date: 08/30/2013 BID TABULATION SHEET Time: 2:00 pm v a o C &- 3 z Item 1. One Day Bidders Name Location o ° o c Item 2. On Call by Item 3. On Call Site c Monthly Visits(Total :2 Phone Visit W m o a Annual) Cru x W CONTROL SYSTEMS DESIGN BRADENTON,FL Y Y Y Y $30,000.00 $150 eng/$125 tech $150 eng/$125 tech 4 hr min 4 hr min EXTREME CONTROL SYSTEMS JUPITER, FL Y Y Y Y $24,000.00 $100-$150 $100-$150 SCADA SOLUTIONS PORT ST.LUCIE, FL Y Y Y N $24,000.00 $100.00 $500.00 TAMPA ARMATURE WORKS TAMPA, FL Y Y Y N $23,880.00 $0.00 $1,250/day COMMENTS: *Extreme Control Systems noted a $150 monthly on-call maintenance fee, in addition to base annual bid. W 2014005 Annual Instrument Control Tech Bidder Questionnaire The undersigned guarantees the truth and accuracy of all statements and answers herein contained: Indian River County Bid No. 2014005 for Instrument Control Tech for Water and Wastewater Utilities I. How many years has your organization been in the business? 6 years (16 years of experience) 2. Number of employees"ON THE JOB"each week? 1 3. Will you subcontract any part of this work? If so,give details: Some of the work will be subcontracted to Tom Howard of SCADA Guy, LLC. He will continue service at the North RO Plant as he is doing currently as part his subcontract with CSD. 4. List five(5) references of Utilities in the State of Florida for which you have performed this type work. 1)Firm Seacoast Utilities Authority Phone# 5( 61 1301 6487 Contact Craig Stone 2)Firm Seminole Tribe of Florida Phone#(863 )228 _2013 contact Ronald Payne 3) Firm City of Moore Haven Phone#(863 ) 673 _ 1354 Contact Sam Briefman 4)Firm St. Lucie County (Severn Trent) Phone# 7( 72 l 263 _ 1860 Contact Vince Graziano 5)Firm City of Stuart Phone#(772 ) 215 - 9325 Contact Bobby Green S. Have you ever failed to complete work awarded to you: ❑Yes S(No if so,where and why? 6.What equipment do you own that is available for the work? All necessary hand tools, electrical testers, laptops, and software required to maintain the County's Instrumentation systems. © Page 10 of 15 140 2014005 Annual Instrument Control Tech Bid Form Annual Bid for Instrument Control Tech for Water and Wastewater Utilities Bid #: 2014005 Bid Opening Date and Time: August 30, 2013 2:00 P.M. Bid Opening Location: Purchasing Division 180027 1h Street Vero Beach, FL 32960 Bidder Name: Timothy Harrison In accordance with all terms,conditions,specifications,and requirements,the Bidder offers the following: Item Description Estimated P Quantity Unit Price Total Price ONE DAY VISITS ONE(1) PER MONTH AT EACH 1WATER PLANT 24 $ 1000 $ 24,000 2 ON CALL RESPONSE BY PHONE WITHIN ONE (1) N/A $ 100 $100 HOUR 3 ON CALL RESPONSE, IN SITE VISIT N/A $ 125 $ 500 (4 hr min) Will your company extend these prices to other governmental agencies Yes No❑ within the State of Florida? Page 11 of 15 141 2014005 Annual Instrument Control Tech The undersigned hereby certifies that they have read and understand the contents of this solicitation and agree to furnish at the prices shown any or all of the items above, subject to all instructions, conditions, specifications, and attachments hereto. Failure to have read all the provisions of this solicitation shall not be cause to alter any resulting contract or request additional compensation. Company Name: SCADA Solutions LLC Company Address: 2486 SW Calgan St Cit State Port St Lucie, Florida Zi Code 34953 Y, p Telephone: 772-260-0046 Fax: 772-221-1448 E-mail: SCADASolutions@comcast.net Business Tax Receipt Number: FEIN Number: 20-8635554 Authorized Signature:750 Date: gllr3 Name: Timothy Harrison Title: Owner/President (Type/Printed) ® Page 12 of 15 142 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: September 30,2013 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Joseph A. Baird, County Administrator Jason Brown, Budget Director FROM: Jennifer Hyde, Purchasing Mana SUBJECT: Best Value Procurement BACKGROUND: At the September 10, 2013 Board of County Commissioners Meeting, staff was requested to examine the Best Value Procurement process adopted in Polk County and its potential value to Indian River County. Staff has completed an initial assessment of the process after discussions with Polk County and review of other available resources. Overview Best Value Procurement (BVP) is a process developed by Arizona State University's (ASU) Performance Based Studies Research Group (PBSRG), and is also referred to as Performance Information Procurements Systems (PIPS) when used for procurement of services and construction. It consists of a three-phased procurement process: selection, clarification and management by risk mitigation. As practiced in Polk County, a selection committee of five technical staff participates throughout the process. In general,points are assigned to their projects as follows: Table 1 —Polk County Sample BVP Criteria Criteria Points Cost Proposal (line item bid) 20 Risk Assessment Plan(two-page limit) 15 Project Approach/Schedule(two-page limit) 20 Value Added Options 5 Local Preference 5 Vendor Preference 5 Interview 20 Past Performance Information 10 4 Total 100 NF lewver2%Pu6UcftrV sin W u fl:neow AgendmN8em Velue?rocu nem-100f 0..r IN AL doe 143 During the selection phase, only project capability information is initially reviewed and scored by the selection committee, with information which could identify the firm omitted or redacted. Interviews are then held with all submitting firms, and scores assigned for that portion of' the review. Finally, the cost proposal and performance evaluations provided for "critical" team members (which are identified in the solicitation and can include the prime contractor, key subcontractors, project manager, etc.) are reviewed and scored. At this point, the firm with the highest overall score is identified as the best value candidate, and the selection progresses advances to the clarification phase. During the clarification phase, the agency and projected contractor work together to develop a project plan, which includes establishing and agreeing to milestones which will be assessed each week of the project, and which focus on risk management. The scope of work is also refined during this phase with input from both entities. Once both parties are satisfied with the plan and milestones established, the selection moves on to the third phase, management by risk evaluation, during which the contract is awarded and executed and work may begin. Prevalence Staff has contacted Polk County directly and has requested information from other counties and municipalities around the State to seek input from other entities that may be utilizing the BVP process. Polk County officials indicate that they are not aware of any other entity in Florida currently utilizing this process. Additionally, County staff has not found any other local governments in the State using BVP at the current time. It is also important to note that Polk County only uses BVP on Utilities Capital Improvement projects presently. Other departments in Polk County utilize a procurement process other than BVP. Their staff has determined complex projects are best suited for BVP, and Utilities projects are preferred because that department is most supportive of the process. No metrics have been compiled to quantify the benefit they believe they receive from BVP. A summary of BVP solicitations undertaken by Polk County since 2009, as listed at www.pbsrg.com is shown in the table below. Project Date Budget Status Van Fleet Water Production Facility 9/21/2012 $3,500,000 (Est.) In Improvements Procurement Imperial Lakes Water Treatment Plant 6/11/2012 $6,000,000.00 In Improvements (Est.) Procurement SWRUSA Pressure Reducing Stations 10/19/2010 $613,000 (Est.) Cancelled Modifications New Mann Road WPF Facility & Palmore Well 9/20/2010 $2,710,800 (Est.) Cancelled Interconnect New Holly Hill WPF and Reclaim &Re-Pump 6/8/2010 $8,583,154 (Est.) Awarded Facility Utilities Construction Services 6/8/2010 N/A Awarded Cottonwood Fire Rescue Station 6/2/2010 $1,300,000 (Est.) Awarded—Bid Protest \\Files u2TubliclPurchesing\Mitcell.nmus Agendes\Sest Value Procurement•100817-FMAL.doc 144 Project Date BudgetStatus Saddle Creek Fire Rescue Station 6/2/2010 $1,300,000 (Est.) Awarded—Bid Protest In addition to Polk County, PBSRG's listed municipal clients are the states of Alaska, Idaho, New Mexico, Oklahoma, and Oregon, cities of'Columbia SC, Phoenix AZ, Rochester MN, and Roseville MN and Hennepin and Olmsted Counties in Minnesota. Involvement by ASU and Cost The PBSRG provides initial training to staff on the best value procurement process and also offers support services, including independent verification of the vendors' past performance information provided as part of the procurement process (if requested). Per agreement with ASU, using entities are restricted from releasing actual cost of the program to other municipalities. Polk County itself is no longer under contract with ASU and can now utilize the processes developed independently, however, consulting fees are due to ASU if further assistance or guidance is requested or required. Our Method Currently, Indian River County utilizes questionnaires completed and submitted with the bid to gather and verify qualifications of submitting firms. The Purchasing Division has determined this is the most common process to vet bidder capabilities within the state of Florida. While the County does request contact information for previous clients, reference checks are currently completed via telephone. County questionnaires and documents could easily be expanded to include such surveys in order to more explicitly include past performance as part of our bid evaluation process. Other Methods The National Institute for Public Procurement (NIGP) just released a position paper discussing methods through which entities can increase value in procurement. Several methods are suggested for use, as appropriate, Design-Build and Construction Manager At-Risk; both methods Indian River County has utilized in the past. ANALYSIS: Suggested benefits of the BVP process include elimination or reduction of change orders resulting from the management by risk evaluation process. Accountability and buy-in of the ultimate awarded contractor is said to be enhanced as a result of the project planning that takes place prior to award and contract execution. Potential negatives to the process include significant increase in time required to complete the procurement process, increase in senior staff time to participate in the process, and reduction in participation by smaller, local firms in the solicitation process. Cost and time required to set up the process and train staff to execute it(both Purchasing and technical staff) should also be considered. NFdmse 2%KjblicWurchaningWl melkneaua Ageadul9est Value Proarrament-IOOU3-FTNALAce 145 As shown in 'Cable 1 above, Polk County typically assigns 20 points out of a total of 100 points to Cost. The remaining 80 points are awarded primarily for the risk assessment plan, project approach/schedule, and interview. Staff has concerns that this process could result in the selection of a vendor that submits a significantly higher cost proposal than other proposers since cost accounts for a relatively minor portion of the total score. This could have the unintended consequence of increasing the cost of projects procured through the BVP process. While Polk County is pleased with the BVP process and satisfied they are enhancing the value of their projects, no statistics are currently available to document their view. RECOMMENDATION Staff recommends the County continue to the competitive bidding process for construction projects, and not pursue the BVP process utilized in Polk County. Staff further suggests the Board approve the implementation of requesting written performance evaluations from previous clients, as appropriate. This would be beneficial in the evaluation and award process, and would incorporate one of the benefits of BVP. SOURCE OF FUNDS: Dependent upon the pricing package negotiated ASU, there may be an upfront cost to initially subscribe to the BVP process,as well as per project or annual fees. There are no costs associated with enhancing the bidder questionnaire and the associated performance evaluation. ATTACHMENTS: Full Sample Polk County Bid Package(On file in BCC Office) Sample Timeline from Polk County Bid Package Sample Bid Submittal Package Sample IRCO Bid Questionnaire Proposed Performance Evaluation Form APPROVED AGENDA ITEM Indian River Co Amftved Dat Admin BY: Legal al oseph .Baird, County Administrator Budget t De artment �jjh Risk Mana er FOR. l,% 1\F lsor TrA Ubl c%Pumha,-PSW'scel-neout Agmdaiwest Value Pnx-rmenf•100817-FINAL doe 146 Van Fleet Water Production Facility Improvements BVP 13-196 Generator in sound attenuated enclosure and new fuel storage and supply system. c.New SCADA Radio Tower for communication with off-site wells. Provide SCADA and radio communication improvements at the off-site wells. 1.2 PROJECT TIMELINE The following are the critical dates for this Project. Please be advised that these critical dates are subject to change as deemed by the County. 02/04/2013 Project Announcement 02/19/2013 Mandatory Best Value Training Session 9:OOAM(see Section 1.4 for details) 02/19/2013 Mandatory Pre-Submittal Meeting&Site Visit 10:00 AM(see Section 1.4 for details) 03/01/2013 Deadline for questions(5:00 PM) 03/13/2013 Submittals due prior to 2:00 PM 03/18/2013 Best Value Submittal package to Evaluation Committee 03/28/2013 Blind evaluation complete 04/02/2013 Notification of shortlisted Contractors 04/10/2013 Interview of shortlisted Contractors 04/22/2013 Identification of potential Best Value Contractor 04/25/2013 Kick-Off meeting 05/27/2013 Pre-Award meeting 06/18/2013 Anticipated date of execution of contract Attendance at the mandatory Pre-Submittal Meeting and Site Visit is required. The County will not accept questions after the deadline for questions stated above. All submittals must be received in the Procurement Division office prior to 2:00 pm, Wednesday, March 13, 2013. Submittals arriving at 2:00 pm or later, as evidenced by the time clock housed at the front desk of the Procurement Division office will not be accepted. 1.3 PROJECT BUDGET The total estimated Project budget is$3,500,000.00. 1.4 BEST VALUE PROCUREMENT PROCESS TRAINING SESSION,MANDATORY PRE SUBMITTAL MEETING AND MANDATORY SITE VISIT A mandatory "Best Value" procurement process training session and Pre-Submittal Meeting will be held Tuesday, February 19, 2013 at Polk County Utilities, 1011 Jim Keene Boulevard, Winter Haven, FL. A mandatory Site Visit will immediately follow. Contractors that have previously attended a "Best Value" procurement process training session with Polk County will be exempt from attending the "Best Value" procurement process training session scheduled on Tuesday, February 19, 2013 at 9:00 AM. The following Contractors will be exempt from attending this portion of the training session: CenState Contractors, Inc.; Close Construction, LLC; Encore Construction Company; Florida Design Contractors; Killebrew, Inc.; Marcobay Construction; Vogel Brothers Building Co; Wharton-Smith, Inc.; Wright Construction. The above listed Contractors will be exempt from attending; however, attendance is encouraged. 6 147 Van Fleet Water Production Facility Improvements BVP 13-196 ATTACHMENT A BVP COVER PAGE & CHECKLIST The Contractor must complete and submit this Attachment. This Attachment shall be the cover page for the Contractors Submittal. Contractors should not modify the format of any of the required attachments. All Attachments can be downloaded in MS Word format online on the County's FTP Site at: ftp://ftp3.polk-county.net. The User id is "procurevendor", password is "solicitation". If the Submittal has modified Attachments or exceeds the maximum number of pages, the Contractor may be disqualified and deemed non-responsive. Please staple all Attachments together(do not bind in any other way). Project Number: 13-196 Project Name: VAN FLEET WATER PRODUCTION FACILITY IMPROVEMENTS Contractor's Name: Address: City: State: Zip Code: Contractors License Number: Business Tax Receipt/Occupational License Number: By signing below, the Contractor acknowledges that they have carefully examined all BVP Solicitation documents and understands all instructions, requirements, specifications, terms and conditions; and that all statements, information, costs, and schedules submitted in response to the BVP are current, complete, true and accurate. Signature of Authorized Contact: Contact Name: Phone: Fax: Email: 25 148 Van Fleet Water Production Facility Improvements BVP 13-196 The following documents are required for this Submittal (please mark off each document to acknowledge the document is being submitted in the proper format): ❑ Attachment A Complete and staple as cover page in the Submittal(page 25) ❑ Attachment B Fill in all required information on Proposal Form(pages 27 thru 30) ❑ Attachment C Complete and submit Project Approach Plan& Project Schedule(proper format) (Page 31) ❑ Attachment D Complete and submit RA Plan and VA Plan(proper format)(pages 32 and 33) ❑ Exhibit I Non-Collusion Affidavit of Prime Contractor(page 34) ❑ Exhibit 2 Reference List& Past Performance Information Score(page 35) ❑ Exhibit 2 Complete plete and submit surveys questionnaires for each Critical Team Member(page ❑ Exhibit 3A Submittal Bond(pages 37 and 38) ❑ Exhibit 4 Equal Employment Opportunity(pages 42 and 43) ❑ Exhibit 5 Drug Free Workplace Form(page 44) ❑ Exhibit 6 Safety Requirements/Regulations(page 45) BEST VALUE SUBMITTAL CHECKLIST AND FORMAT The Contractor must complete and submit this checklist along with the BV Submittal, This BV Submittal Checklist is not counted in the 8 page BV Submittal limit. Failing to answer, or answering "No"to any of the questions below may result in disqualification. 1. Is the BV Submittal 8 pages or less? ❑ Yes ❑ No 2. Does the BV Submittal contain no names, past projects, or information that may be used to identify who the firm is? ❑ Yes ❑ No 3. Do you understand that the contents of the BV Submittal will become part of the Contract? ❑ Yes ❑ No 4. Do you understand that your Submittal may be disqualified if you fail ❑ Yes El No to meet any of the above requirements? 26 149 Van Fleet Water Production Facility Improvements BVP 13-196 ® ATTACHMENT B PROPOSAL FORM Overview Each Critical Team Member is required to have PPI (as outlined in the Solicitation and Exhibit 2.) Please complete this form and submit it with your submittal. CRITICAL TEAM MEMBERS Name of General Contractor: Name of Project Manager: Name of Site Superintendent: Name of Electrical Contractor Name of Instrumentation & Controls Contractor: PROJECT COST Total Cost: $ (This total represents the sum of the unit prices on page 28) PROJECT DURATION Project Duration(Substantial): (Calendar Days) Note: The Project Duration (Substantial) should include the total time from the Notice To Proceed date, to Substantial Completion as stated in Article 16.5.2.This includes time to obtain permits and long lead items. Project Duration(Contract Time): (Calendar Days) Note: The Project Duration (Contract) should include the total time from the Notice To Proceed date to Final Completion as defined within the Supplementary Conditions, Item 12, Contract Time. Final Completion will have been achieved when all work has been completed as stated in Article 16.8.LThis must include time to obtain permits,warranties,complete punch list items,commissioning, and final payment,etc. ADDENDUM ACKNOWLEDGEMENT Contractor acknowledges receipt of the following addenda, and has incorporated the requirements of such addenda into the submittal (List all addenda issued for this Project): No. Date No. Date No. Date No. Date No. Date No. Date A Polk County Purchasing Card will be accepted as a method of payment. [ ] Yes [ J No Note: If Contractor checks"yes"above, Contractor agrees that the County will use a County issued Visa Card for the payment of any and all applications for payment submitted as a result of the performance of this BVP. 27 150 Van Fleet Water Production Facility Improvements DVP 13-196 ATTACHMENT B PROPOSAL FORM Item No. Item UoM Approx Total Amount 1 Mobilization and Demoblization (Not to exceed 5% of LS 1 $ Base Bid) 2 Van Fleet WPF Improvements LS 1 $ Y 3 Contingency for Power Company Electrical LS 1 $ 150,000.00 Improvements and Relocations TOTAL OF PROJECT BASE BID $ Add 44 Item UoM Approx Total Amount Alternates No. 1 Provide and Install a 10OFT Radio Tower and LS 1 $ Associated SCADA Appurtenances I 28 151 Van Fleet Water Production Facility Improvements BVP 13-196 ACKNOWLEDGEMENT OF CONTRACTOR, IF A CORPORATION vql., STATE OF COUNTY OF The foregoing instruments was acknowledged before me this BY (Date) (Name of officer or agent, title of officer or agent) on behalf of the corporation, pursuant to the powers conferred upon said officer or agent by the corporation. He/she personally appeared before me at the time of notarization, and is personally known to me or has produced as identification and did certify to have knowledge of the matters stated (Type of Identification) in the foregoing instrument and certified the same to be true in all respects. Subscribed and sworn to (or affirmed) before me this (Date) Commission Number (Official Notary Signature and Notary Seal) Commission Expiration Date (Name of Notary typed,printed or stamped) ACKNOWLEDGEMENT OF CONTRACTOR, IF A PARTNERSHIP STATE OF COUNTY OF The foregoing instrument was acknowledged before me this By (Date) (Name of acknowledging partner or agent) on behalf of a partnership. He/She personally appeared before me at the time of notarization, and is personally known to me or has produced as identification and did certify to have knowledge of the matters �r (Type of Identification) in the foregoing instrument and certified the same to be true in all respects. Subscribed and sworn to(or affirmed) before me this (Date) Commission Number (Official Notary Signature and Notary Seal) Commission Expiration Date (Name of Notary typed,printed or stamped) ACKNOWLEDGEMENT OF CONTRACTOR, IF AN INDIVIDUAL STATE OF COUNTY OF The foregoing instrument was acknowledged before me this By who personally appeared before (Date) (Name of acknowledging) me at the time of notarization, and is personally known to me or has produced as identification and did certify to have knowledge of the matters (Type of Identification) in the foregoing instrument and certified the same to be true in all respects. Subscribed and sworn to(or affirmed) before me this (Date) Commission Number (Official Notary Signature and Notary Seal) Commission Expiration Date (Name of Notary typed,printed or stamped) 29 152 Van Fleet Water Production Facility Improvements BVP 13-196 TRENCH SAFETY ACT COMPLIANCE TRENCH EXCAVATION SAFETY SYSTEM AND SHORING, SPECIAL(TRENCH EXCAVATION) Trench Excavation Safety System and Shoring Special (Trench Excavation General: 1. The Contractor shall comply with the Florida Trench Safety Act (90-96), Laws of FL.) effective October 1, 1990. 2. The Contractor(s) performing trench safety excavation on this Contract shall comply with the Occupational Safety and Health Administration's(OSHA) trench excavation safety standards, 29 CFR's 1926.650, Subpart P, including all subsequent revisions or updates to these standards as adopted by the Department of Labor and Employment Security(DLES). 3. By submission of his submittal and subsequent execution of this Contract, the Contractor certifies that all trench excavation done within his control shall be accomplished in strict adherence with OSHA trench safety standards contacted 29 CFR's 1926.650, Subpart P, including all subsequent revisions or updates to these standards as adopted by the Department of Labor and Employment Security. 4. The Contractor also agrees that he has obtained or will obtain identical certification from his proposed Subcontractors that will perform trench excavation prior to award of the subcontracts and that he will retain such certifications in his files for a period of not less than three years following final acceptance. 5. The Contractor shall consider all available geotechnical information in his design of the trench excavation safety system. 6. Inspections may be conducted by the County and the County's Safety Officer. Serious deficiencies will be corrected on the spot or the job may be closed. Imminent danger citing will result in the immediate cessation of work. Work will resume when the danger is corrected. 7. Contractor acknowledges that included in the various items of the submittal and in the Total Price are costs for complying with the Florida Trench Safety Act (90-96), Laws of FL) effective October 1, 1990. The Contractor further identifies the costs to be summarized as follows: Trench Safety Units of Measure Measure Unit Unit Extended (Description) (LF, SY) (QTY) Cost Cost A. $ $ B. $ $ C. $ $ D. $ $ Total $ Failure to complete the above may result in the submittal being declared non-responsive. 30 153 Van Fleet Water Production Facility Improvements BVP 13-196 ATTACHMENT C PROJECT APPROACH PLAN (SAMPLE ONLY) This template should be used. The Project Approach (PA) Plan should identify the Contractor's aimroach to meet the Proiect's requirements with a plan that meets time and cost goals. The Project Approach milestones should be prioritized (list the most important milestones first). The Contractor may add or delete Project Approach Claim table templates, but do not exceed the 2-page limit for this section. Do not include any identifying information in your PA Plan. Information listed under the "Documented I Performance" line may describe where the Contractor has used the approach or solution previously, and what the results were in terms of verifiable metrics. Bample: 7hiv sec'liott.1 hUl/lrllll'ulYclr U.1'/c'l1-hi +vep;"110clille of 1ml the t'ontruc•tor plcros/heir(ipprocrc•h to c•onstruc•l the lu ojecl, lisling all major milestones indirichn/1/1% 77/is s'hotllcl edivii with the 1'rc jcq•/ Project Approach Milestone : Sel/eclnle. We hive comhlele(l 45 s/nnlur pr( e cts /n the'1/us•t.i vetlrs, if ith 0.i, cost der'it lion. uncl?': sc•hedide deviu/ion. The urer(�gv cliew Documented Performance: .%atisfacli)n rulhig on these projects ii as 9.s 0111 0l l() Project Approach#1 Milestone : Documented Performance: Project Approach #2 Milestone : MW Documented Performance: Project Approach #3 Milestone : Documented Performance: Project Approach #4 Milestone : Documented Performance: Project Approach #5 Milestone : Documented Performance: Project Approach 46 Milestone : Documented Performance: Project Approach #7 Milestone : Documented Performance: 31 114 Van Fleet Water Production Facility Improvements BVP 13-196 ATTACHMENT D RISK ASSESSMENT PLAN (SAMPLE ONLY) This template should be used. The Risk Assessment (RA) Plan should address the risks that the Contractor does not control. The risks should be prioritized (list the greatest risks First). The Contractor may add or delete Risk table templates, but do not exceed the 2-nage limit for this section. Do not include any identifying information in the RA Plan. information listed under the "Documented Performance" line may describe where the Contractor has used the approach or solution previously, and what the results were in terms of verifiable metrics. F;wmhlc: Risk dial is rwl idc•ndijiecl hY C'omt►'proli'ssiorral, cornl,elirut!c•onlrrrcvorA. nr expert (•rnrlr•crc•tor it ill be idellli/iecl uric/,eoh'erl irillri,r 3 clat•A »ru.ci»,un+ (n/r/e SS Risk Description: more time is j11.V1giecl curt/r•c•clnested Risk Impact/Why is risks mai•c intim,it dec•iation ta, our planned this a risk: haseline e rl,eclation. lJnie• ire are notified of if change. ice will lake the Jidlou•ing acvion: 1. Conlructor.shrill immediutei•nulify the rle.signer and Cunni•the .came dar as discover),o f'potential cow aur/line impact 2. Contractor.shall find best possible options to minimize rick, nvith ac•c•onrlrrrtrpiug cost and time C.•marticlor shall propose the hese solurtiorr u•ilh.ju.slific•ulion and Present to Solution: C'ounlr rein-esentative id'e use this upprucrclr its port of c rerr project a e complete. (I elure had!u use the approach l5 times over the past 3 1 ears. our solution resulted in less Documented than I'%change ardent, and 100"„of the CLIENTS on lhese 15 prnjectc rated Performance: our l>glbrmance 10 out(?/'/0 Risk#1 Description: Risk Impact/Why is this a risk: Solution: Documented Performance: Risk#2 Description: Risk Impact/Why is this a risk: Solution: Documented Performance: 32 155 Van Fleet Water Production Facility Improvements 13VP 13-196 VALUE ADDED PLAN (SAMPLE ONLY) This template should be used. The Value Added (VA) Plan should identify any value added options or ideas that may benefit the County. The value added claims should be prioritized (identify the most important claims first). The Contractor may add or delete Value Added Claim table templates, but do not exceed the 2-page limit for this section. Do not include any identifying information in the VA Plan. Information listed under the "Documented Performance" line may describe where the Contractor has used the approach or solution previously, and what the results were in terms of verifiable metrics. Only use percentages of base costs for each claim. Do not include any dollar amounts. Contractor should note whether the claim is an additive or deductive change. Example: Keroulli►t,this bifiltling gill unl stop all eater leak.N. the urajurih njthe• leaks are cause cl h v cracks is the lnrrape► rn•ulLs, broken missing glus,%. Item Claim: (110pourc•arIlkiug 1101% will this add value? llus a11proac•11 ill 1 siliiilcur prgjec is has irurkrcl /00"I') of the lime in Documented Performance: mopping till leaks Cost Impact 0.-'5Q1,, Schedule Impact ('%o): U.25 Item #1 Claim: How will this add value? Documented Performance: Cost Impact (%): Schedule Impact(%): Item #2 Claim: How will this add value? Documented Performance: Cost Impact(%): Schedule Impact{%): Item #3 Claim: How will this add value? Documented Performance: Cost Impact (%): Schedule Impact (%): Item #4 Claim: How will this add value? Documented Performance: Cost Impact(%): Schedule Impact(%): Item #5 Claim: How will this add value? Documented Performance: Cost Impact(%): Schedule Impact(%): 33 156 Van Fleet Water Production Facility Improvements BVP 13-196 EXHIBIT I NON-COLLUSION AFFIDAVIT OF PRIME CONTRACTOR State of SS County of ) being first duly sworn,deposes and says that: 1. They are of the Contractor that has submitted the attached Submittal; 2. They are fully informed respecting the preparation and contents of the attached Submittal and of all pertinent circumstance respecting such Submittal; 3. Such Submittal is genuine and is not a collusive or sham submittal; 4. Neither the said Contractor nor any of their officers,partners, owners,agents, representatives,employees or parties in interest, including this affiant,has in any way colluded,conspired, connived or agreed,directly or indirectly with any other Contractor, firm or person to submit a collusive or sham Submittal in connection with such Contract or has in any manner, directly or indirectly, sought by agreement or collusion of communication or conference with any other Contractor, firm or person to fix the price or prices in the attached Submittal of any other Contractor, or to fix any overhead, profit or cost element of the Price or the Price of any other Contractor, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the County or any person interested in the proposed Contract;and ® 5. The price or prices quoted in the attached Submittal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Contractor or any of its agents, representatives,owners,employees or parties in interest,including this affiant. Signed Title Subscribed and sworn to before me this day of 120 (Title) My Commission expires 34 157 Van Fleet Water Production Facility Improvements BVP 13-196 EXHIBIT 2 REFERENCE LIST AND PAST PERFORMANCE INFORMATION SCORE REFERENCE LIST Name of Critical Firm/Team Member: NO CLIENT POINT OF PHONE DATE AWARDED NAME CONTACT NUMBER INSTALLED COST 1 2 3 4 5 6 7 8 9 10 PAST PERFORMANCE INFORMATION SCORE Name of Critical Firm/Team Member: N o Criteria c/) V) Average 1 Ability to manage the Project cost 2 Ability to maintain Project schedule 3 Quality of workmanship 4 Ability to manage/profess ional ism 5 Close out process Ability to communicate/document 6 1 risks Ability to follow rules and 7 requirements 8 Overall customer satisfaction Overall Average Score Total Number of Surveys Returned 4 35 158 Van Fleet Water Production Facility Improvements BVP 13-196 SURVEY QUESTIONNAIRE Survey ID To: (Nance ojperson completing survey) Phone: Fax: Subject: Past Performance Survey of: (Name ojContractar) (Critical Team Firinaf!am Member)) The County is implementing a process that collects past performance information on contractors and their key personnel. The firm/individual listed above has listed you as a client for which they have previously performed work on. The County appreciates your time in completing this survey. Rate each of the criteria on a scale of I to 10,with 10 representing that you were very satisfied and 1 representing that you were very unsatisfied. Please use whole numbers for the rating scale. Fractions will be round to the next whole number. Please rate each of the criteria to the best of your knowledge(you may leave a question blank if you don't have adequate knowledge). Client Name: Project No CRITERIA UNIT RATING I Ability to manage the Project cost (1-10) 2 Ability to maintain Project schedule (1-10) 3 Quality of workmanship (1-10) 4 Ability to manage and overall professionalism (1-10) (includes responses and prompt payment to suppliers and subcontractors) 5 Close out process (no punch list upon turnover,warranties,as-builts, operating (1-10) manuals, etc.) 6 Ability to communicate and document risks on the Project 7 Ability to follow the users rules, regulations,and requirements 8 Overall customer satisfaction (1-10) 9 Is the Project completed (Y/N) Y/N (has the firm/individual completed all work required under contract) Printed Name(of Evaluator) Signature(of Evaluator) Thank you for your time and effort in assisting the County in this important endeavor. Please fax the completed survey to: [<<Contractor's fax#>>] 36 159 Van Fleet Water Production Facility Improvements BVP 13-196 EXHIBIT 3A SUBMITTAL BOND KNOW ALL MEN BY THESE PRESENTS, that we (hereinafter called the Principal)and (hereinafter called the Surety), a Corporation chartered and existing under the Laws of the State of ,and authorized to do business in the State of Florida, are held and firmly bound unto Polk County,a political subdivision of Florida, in the full and just sum of dollars($ ) good and lawful money of the United States of America, to be paid upon demand of the County,to which payment will and truly be made, we bind ourselves,our heirs, executors, administrators,successors, and assigned jointly and severally and firmly by these presents. WHEREAS, the Principal is about to submit, or has submitted to the County, a Submittal for the purpose of BVP 13-196 Van Fleet Water Production Facility Improvements. NOW THEREFORE, the conditions of this obligation are such if the Submittal is accepted,the Principal shall, within ten (10) days after the date of receipt of written Notice of Award of Contract execute a Contract in accordance with the Submittal and upon the terms, conditions and price set forth therein, in the form and manner contained in the Contract Documents and executes a sufficient and satisfactory Contract Documents and executes a Public Construction Bond payable to County, in the amount of 100 percent(100%) of the total Contract Price, in form and with surety satisfactory to said County, then this obligation to be void, otherwise to be and remaining full force and virtue in law, and the surety shall, upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to the aforesaid County, upon demand, the amount of this Bond, in good and lawful money of the United States of America, not as a penalty, but as liquidated damages. In the event the numerical expression is omitted or expressed as less than five percent (5%) of the total price, this figure shall be assumed to be erroneously stated and this Submittal bond shall be binding upon the Principal and Surety in the amount of five percent(5%)of the total price. IN TESTIMONY THEREOF, the Principal and Surety have caused these presents to be duly signed and sealed this day of 20 3 160 Van Fleet Water Production Facility Improvements BVP 13-196 ATTEST: PRINCIPAL: C3Y: (SEAL) Witness Authorized Signature(Principal) Witness Printed Name Title of Person Signing Above ATTEST: SURETY: Printed Name BY: (SEAL) Witness Attorney in Fact Witness Printed Name Business Address NOTES: 1. Write in the dollar amount of the bond which must be at least five percent (5%) of the total of the Base Price included in the Submittal. 2. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 3. Attorneys-in-fact who sign Submittal Bonds or Contract Bonds must file with each bond a certified and effectively dated copy of their power of attorney. 38 161 Van Fleet Water Production Facility Improvements BVP 13-196 EXHIBIT 4 EQUAL EMPLOYMENT OPPORTUNITY Polk County is an Equal Opportunity/Affirmative Action Employer. Pursuant to Executive Order 11246 as amended, you are advised that under the provisions of government contracting, contractors and subcontractors are obliged to take affirmative action to provide equal employment opportunity without regard to race,creed,color, national origin,age or sex. We are committed to equal opportunity employment effort and expect firms that do business with the County to have a vigorous affirmative action program. CERTIFICATION BY PROPOSED PRIME OR SUBCONTRACTOR REGARDING EQUAL EMPLOYMENT OPPORTUNITY This certification is authorized pursuant to Executive Order 11246, Part 11, Section 203(b), (30 F.R. 12319-15). Any Contractor or prospective contractor, or any of the proposed subcontractors, shall state as an initial part of the BVP or negotiations of the Contract whether it has participated in any previous Contract or subcontract to the equal opportunity clause;and, if so, whether it has filed all compliance reports due under applicable instructions. Where the certification indicated that the prime or subcontractor has not filed a compliance report due under applicable instruction,such Contractor shall be required to submit a compliance report. Contractor's Name: Address: 1. Contractor has participated in a previous contract or subcontract,subject to the Equal Opportunity Clause: YES NO 2. Compliance Reports were required to be filed in connection with such Contract or subcontract: YES NO 3. Contractor has filed all compliance reports due under applicable instructions: YES NO 4. If answer to Item 3 is No,please explain in detail on reverse side of this certification. 42 162 Van Fleet Water Production facility Improvements BVP 13-196 The Contractor certifies that they do not maintain or provide for their employees any segregated facilities at any of their establishments,and that they do not permit their employees to perform their services at any location under their control where segregated facilities arc maintained. The Contractor certifies further that they will not maintain or provide for their employees any segregated facilities at any of their establishments, and that they will not permit their employees to perform their services at any location under their control where segregated facilities arc maintained. The Contractor agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this BVP. As used in this certification, the term (segregated facilities" means any waiting rooms, work areas, restrooms, washrooms, restaurants, other eating areas, time clocks, locker rooms, storage areas, dressing areas, parking lots, drinking fountains, recreation/entertainment areas, transportation and housing facilities provided for employees which are segregate by explicit directive or are, in fact, segregated on the basis of race, color, religion or national origin, because of habit, local custom or otherwise. The Contractor agrees that (except where they have obtained identical certification from proposed subcontractors for specific time periods) they will obtain identical certification from proposed Subcontractors prior to the award of subcontracts exceeding$10,000 which are not exempt from the provision of the Equal Opportunity clause; and that they will retain such certifications in their files. Certification — The information above is true and complete to the best of my knowledge and belief. (A willfully false statement is punishable by law—U.S. Code,Title 18,Section 1001.) Printed Name Title Signature Date 43 163 Van Fleet Water Production Facility Improvements BVP 13-196 EXHIBIT 5 DRUG FREE WORKPLACE FORM The undersigned Contractor in accordance with Florida Statute 287.087 hereby certifies that does: (Name of Business) I. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use N of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace,the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs; and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under contract a copy of the statement specified in subsection(a). i 4. In the statement specified in subsection(1), notify the employees that, as a condition of working on the commodities or contractual services that are under contract, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 1892 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five(5)days after such conviction. 5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community,by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement,I certify that this firm complies fully with the above requirements. Contractor's Signature Date 44 164 Van Fleet Water Production Facility Improvements BVP 13-196 EXHIBIT 6 SAFETY REQUIREMENTS/REGULATIONS Contractor must sign and have notarized: The undersigned Contractor hereby certifies that they fully understand the safety requirements/regulation provisions as stated in General Conditions 7.11 and will comply. Dated this day of , 20 Name of Firm By Title of Person Signing SWORN TO AND SUBSCRIBED BEFORE ME This day of 120 Notary Public: My Commission Expires: 45 165 Van Fleet Water Production Facility Improvements BVP 13-196 EXHIBIT 7 AFFIDAVIT CERTIFICATION IMMIGRATION LAWS SOLICITATION NO.: BVP 13-196 Van Fleet Water Production Facility Improvements POLK COUNTYWILL NOT INTENTIONALLY AWARD COUNTY CONTRACTS TO ANY CONTRACTOR WHO KNOWINGLY EMPLOYS UNAUTHORIZED ALIEN WORKERS, CONSTITUTING A VIOLATION OF THE EMPLOYMENT PROVISIONS CONTAINED IN 8 U.S.C. SECTION 1324 a(e) (SECTION 274A(e) OF THE IMMIGRATION AND NATIONALITY ACT("INA"). POLK COUNTYMAY CONSIDER THE EMPLOYMENT BY ANY CONTRACTOR OF UNAUTHORIZED ALIENS A VIOLATION OF SECTION 274A(e)OF THE INA. SUCH VIOLATION BY THE RECIPIENT OF THE EMPLOYMENT PROVISIONS CONTAINED IN SECTION 274A(c) OF THE INA SHALL BE GROUNDS FOR UNILATERAL CANCELLATION OF THE CONTRACT BY POLK COUNTY. CONTRACTOR ATTESTS THAT THEY ARE FULLY COMPLIANT WITH ALL APPLICABLE IMMIGRATION LAWS(SPECIFICALLY TO THE 1986 IMMIGRATION ACT AND SUBSEQUENT AMENDMENTS). Company Name: Signature Title Date N STATE OF: COUNTY OF: The foregoing instrument was signed and acknowledged before me this day of 20,, by who has produced (Print or Type Name) as identification. (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number/Expiration 46 166 Van Fleet Water Production Facility Improvements BVP 13-196 EXHIBIT 8 NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR The Contractor shall not execute any agreement with any subcontractor or permit any subcontractor to perform any work included in this Contract until he has submitted a non-collusion affidavit from the subcontractor in substantially the form shown below and has received written approval of subcontractor From the County. State of ) SS County of 1 being first duly sworn,deposes and says that: 1. They are of ,hereaner referred to as the Subcontractor; 2. They are fully informed respecting the preparation and contents of subcontractor's BVP Submittal submitted by the subcontractor to the Contractor for certain work in connection with BVP 13-196 Van Fleet Water Production Facility Improvements. 3. Such subcontractor's BVP Submittal is genuine and is not a collusive or sham submittal; 4. Neither the subcontractor nor any of its officers, partners, owners, agents, representatives, employees or parties in interest,including this affiant,has in any way colluded,conspired, connived or agreed,directly or indirectly with any other Contractor, firm or person to submit a collusive or sham BVP Submittal in connection with such Contract or to refrain from submitting a BVP Submittal in connection with such Contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other Contractor, firm or person to fix the price or prices in said subcontractor's BVP Submittal or secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the County or any person interested in the proposed Contract;and 5. The price or prices quoted in the subcontractor's BVP Submittal are fair and proper and not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Contractor or any of their agents, representatives, owners,employees or parties in interest, including this affiant. Signed Title Subscribed and sworn to before me this day of 20 (Title) My Commission expires 47 167 SECTION 00456 - QUALIFICATIONS QUESTIONNAIRE NOTICE: THE OWNER RETAINS THE DISCRETION TO REJECT THE BIDS OF NON- RESPONSIBLE BIDDERS. UNDER PENALTY OF PERJURY, the undersigned Bidder Guarantees the truth and accuracy of all statements and answers herein contained. Failure to comply with these requirements may be considered sufficient justification to disqualify a Bidder. Attach additional sheets as required. Documentation Submitted with Project No: Project Name: 1. Bidder's Name/Address: 2. Bidder's Telephone & FAX Numbers: 3. Licensing and Corporate Status: a. Is Contractor License current? b. Bidder's Contractor License No: [Attach a copy of Contractor's License to the bid] c. Attach documentation from the State of Florida Division of Corporations that indicates the business entity's status is active and that lists the names and titles of all officers. 4. Number of years the firm has performed business as a Contractor in construction work of the type involved in this contract: 5. What is the last project OF THIS NATURE that the firm has completed? 6. Has the firm ever failed to complete work awarded to you? [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which the firm failed to complete the work.] 7. Has the firm ever been assessed liquidated damages? [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which liquidated damages have been assessed.] 8. Has the firm ever been charged by OSHA for violating any OSHA regulations? [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which OSHA violations were alleged.] 00456-Qualifications Questionnaire(2) 00456-1 168 9. Has the firm ever been charged with noncompliance of any public policy or rules? [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project.] 10. Attach to this questionnaire, a notarized financial statement and other information that documents the firm's financial strength and history. l 11. Has the firm ever defaulted on any of its projects? [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which a default occurred.) 12. Attach a separate page to this questionnaire that summarizes the firm's current workload and that demonstrates its ability to meet the project schedule. 13. Name of person who inspected the site of the proposed work for the firm: Name: Date of Inspections: 14. Name of on-site Project Foreman: Number of years of experience with similar projects as a Project Foreman: r 15. Name of Project Manager: Number of years of experience with similar projects as a Project Manager: 16. State your total bonding capacity: 17. State your bonding capacity per job: 18. Please provide name, address, telephone number, and contact person of your bonding company: [The remainder of this page was left blank intentionally] 00456-Qualifcations Questionnaire(2) 00456-2 169 19. Complete the following table for SIMILAR projects: Date Contact Person: Name Original Contract Final Contract Name of Project Completed Owner and Telephone Number Amount Amount .f 00456-Quaffications Questionnaire(2) V 00456-3 [NOTE: II'rcquested by the County, the Bidder shall furnish references,and other information, sulliciently comprehensive to permit an appraisal of its abilities as a contractor.) By: (Signature) (Position or Title) ** END OF SECTION (Date) 00456-QualNlcations Questtonnalre(2) °°��` 171 1Vkk cb INDIAN RIVER COUNTY Purchasing Division * + * (772)226-1575 Purchasing@ircgov.com Past Performance Reference Survey The firm below has listed you as a performance reference. We would appreciate your time in completing this survey to assist us in evaluation of the firm's qualifications. Firm Name Type of Service Your Project Name Name of Your Organization Name of Person Completing Form Title Has he listed firm completed work for your organization in the past? Yes ❑ No ❑ Has the work of the firm been consistently thorough,acceptable and professional? Yes ❑ No ❑ Did this firm complete the work in a timely manner? Yes ❑ No ❑ How many change orders were incorporated in this project? Please describe any problems with this firm's work, product or conduct, if applicable. I Were there any disputes regarding their work? Yes ❑ No ❑ If so, please describe. N Would you utilize this firm in the future should you have the opportunity? Yes ❑ No ❑ Please rate the Contractor's overall job performance. IExcellent ❑ Very Good ❑ Good ❑ Fair ❑ Poor ❑ Please return by e-mail to purchasing@ircgov.com or fax to(772)770-5140 172 POLK COUNTY BOARD OF COUNTY COMMISSIONERS BEST VALUE PROCUREMENT PROPOSAL (BVP) #: 13-196 VAN FLEET WATER PRODUCTION FACILITY IMPROVEMENTS ISSUE DATE: February 5, 2013 PROCUREMENT DIVISION 330 WEST CHURCH STREET BARTOW, FLORIDA 33830-9005 Website: www.polk-county.net Procurement Specialist: Kari L. Kennedy, CPPB E-Mail: karikennedy@polk-county.net Main Number: (863) 534-6757 Fax: (863) 534-6789 1�Z I Van Fleet Water Production Facility Improvements BVP 13-196 TABLE OF CONTENTS ITEM PAGE Section 1 Project Information 3 thru 7 Section 2 Submittal Requirements and Evaluation Criteria 8 thru 14 Section 3 Selection Process 14 thru 17 Section 4 Pre-Award Phase 17 thru 19 Section 5 Award and Contract 19 and 20 Section 6 Post —Award Phase 20 and 21 Section 7 Submittal Format and General Information 21 thru 23 Attachment A BVP Cover Page & Checklist 25 and 26 Attachment B Proposal Form 27 thru 30 Attachment C Project Approach Plan 31 Attachment D Risk Assessment & Value Add Plan 32 and 33 Exhibit I Non-Collusion Affidavit of Prime Contractor 34 Exhibit 2 Reference List and Past Performance Information 35 and 36 Exhibit 3A Submittal Bond 37 and 38 Exhibit 3B Construction Bond 39 and 40 Exhibit 3C Payment of Stored Materials 41 Exhibit 4 Equal Employment Opportunity 42 and 43 Exhibit 5 Drug Free Workplace 44 Exhibit 6 Safety Requirements/Regulations 45 Exhibit 7 Affidavit Certification Immigration Laws 46 Exhibit 8 Non-Collusion Affidavit of Subcontractor 47 Exhibit 9 General Contractor Application/Certificate for Payment 48 and 49 Exhibit 10 Contract 50 and 51 Exhibit 11 Allowance Authorization Release 52 Exhibit 12 Change Order 53 Exhibit 13 Certificate of Substantial Completion 54 Exhibit 14 Certificate of Final Completion 55 Exhibit 15 Certificate of Compliance 56 Exhibit 16 General Conditions of Contract 57 thru 92 Exhibit 17 Supplementary Conditions of Contract 93 thru 98 Exhibit 18 Special Conditions 99 thru 103 Exhibit 19 Scrutinized Companies Certification 104 Exhibit 20 Project Sign 105 Technical Specifications and Drawings 2 Van Fleet Water Production Facility Improvements BVP 13-196 SECTION 1 - PROJECT INFORMATION NOTICE: Contractors that have previously attended a "Best Value" procurement process training session with Polk County will be exempt from attending the mandatory "Best Value" procurement process training session on Wednesday, February 19, 2013 at 9:00 AM. The following Contractors will be exempt from attending this portion of the training session: rs Inc.; Close Construction LLC; Encore Construction Com CenState Contractors, pan •y, Florida Design Contractors; Killebrew, Inc.; Marcobay Construction; Vogel Brothers Building Co; Wharton-Smith, Inc.; Wright Construction. The above listed Contractors will be exempt from attending; however, attendance is encouraged. Contractors that have not attended a "Best Value" procurement process training session must attend on Wednesday, February 19, 2013 at 9:00 AM. The County will not accept Submittals from Contractors who have not attended a"Best Value" procurement process training session. Contractors interested in submitting a Submittal for BVP 13-196 Van Fleet Water Production Facility Improvements must attend the mandatory Pre-Submittal Meeting scheduled on Wednesday, February 19, 2013 at 10:00 AM. No Contractor will be exempt from attending the mandatory Pre-Submittal Meeting. The County will not accept Submittals from Contractors that do not attend the mandatory Pre-Submittal Meeting. A mandatory site visit will immediately follow the mandatory Pre-Submittal Meeting. Contractors that have previously attended a site visit for the Van Fleet Water Production Facility Improvements will be exempt from attending the mandatory site visit. The following Contractors will be exempt from attending the mandatory site visit: CenState Contractors, Inc.; Close Construction, LLC; Killebrew, Inc.; Marcobay Construction; Vogel Brothers Building Co; Wharton-Smith, Inc.; Wright Construction. The above listed Contractors will be exempt from attending; however, attendance is encouraged. All other Contractors must attend the mandatory site visit. The County will not accept Submittals from Contractors that have not attended a mandatory site visit. 1.0 BACKGROUND Polk County (the "County"), a political subdivision of the State of Florida, is soliciting submittals (each a "Submittal') from qualified contractors (each, a "Contractor") experienced in construction of a High Service Pump Station, Electrical Building, Chemical Storage Facility, and associated demolition and other plant modifications at a Water Production Facility (WPF) on a site generally identified with a street address of Van Fleet Water Production Facility, Waverly Barn Road, Davenport, Florida. The construction Project and its related work (collectively, the "Project") is generally described in Section 1.1, below. The Best Value (BV) Contractor, and its subcontractors,must collectively have expert knowledge of all applicable WPF systems. The County intends to award the Project to the BV Contractor determined in accordance with the requirements in this Best Value Procurement Proposal (the "Solicitation"). The Contractor selected for award will be the Contractor whose Submittal is responsive, responsible, and is the most advantageous to the County, as determined by the County in its sole discretion. The BV 3 �� - 3 Van Fleet Water Production Facility Improvements BVP 13-196 Contractor is expected to complete this Project without any delays or cost increases, and to meet the quality expectations of the County. 1.1 PROJECT DESCRIPTION The Polk County Utilities Division (PCUD) is upgrading the finished water pumping and chemical systems at Van Fleet Water Production Facility. The work of this Project involves replacing the current indoor high service pumps with a larger capacity outdoor facility. The work includes construction of a High Service Pump Station, Electrical Building, Chemical Storage Facility, and associated demolition and other plant modifications. Additionally, the Van Fleet WPF is the primary source of drinking water for Polk County residents in the North East Regional Utility Service Area (NERUSA). Providing a continuous and non-interrupted potable water supply to the residents in the NERUSA is of paramount importance. Contractor will coordinate with PCUD for day to day operations and planned shutdowns. SCOPE OF WORK The overall Project will consist of demolition of the existing 250,000 gallon Ground Storage Reservoir(GSR), pump station and chemical facilities and construction of a new high service pumping system,yard piping, chemical and electrical systems. Other improvements are listed as follows: 1. Process Area 100 Raw Water Wells a. Provide a new Interface System Control Panel to monitor well operation and status, with a new Remote Terminal Unit(RTU). b.New System Control Panel with Program Logic Controller and Operator Interface Terminal. c.New Magnetic Flow Meter and associated piping improvements for the on-site production well. d.New Magnetic Flow Meter and associated piping improvements for combined on and off site production well flow measurement. 2. Process Area 200 Finished Water Storage and Yard Piping a. Demolish existing 250,000 GSR and associated yard piping and accessories. b. Make improvements to the existing 2.0 MG GSR including demolition of the existing access ladder and replacement with new metal access stairs, new perimeter guard railing, non-skid treads and vent screen and hardware replacement. c.New 24"/30"restrained ductile iron yard piping including connections for the existing and future GSR to the new High Service Pump Station, and delivering finished water to the existing 36"water distribution main. d.New chemical injection vault, injection piping, valves and accessories, and inline static mixer. e.New above grade 24"/16"finished water Magnetic Flow Meter Station. f. Selective demolition and connections to existing piping including a 16" line stop for temporary isolation of the existing High Service Pumps from the existing 2.0 MG GSR. 3. Process area 300 High Service Pumps a. Replace the four(4)existing high service pumps (HSP)with two(2)4,000gpm(5.76mgd) 4 Van Fleet Water Production Facility Improvements BVP 13-196 HSPs and one(1)2,500 gpm(3.6 mgd)jockey pump, with piping connections and space for a third 4,000 gpm pump for future installation. All pumps will be powered by Variable Frequency Drives(VFDs). b. Provide ductile iron HSP suction and discharge piping, valves and accessories and tied into below grade yard piping. c. Provide valves, fittings and appurtenances for HSP station recirculation piping system and surge control/pressure regulating valve station. d. Provide a new exterior concrete slab/foundation(without roof)for the HSP station. e. Demolish the existing high service pumps, associated piping, electrical and controls, and the hydropneumatic tank. 4. Process Area 400 Disinfection a. Obtain the services of the designated Chemical Equipment Supplier to furnish and install a temporary liquid Sodium Hypochlorite System including metering pump skids,tanks, piping, injectors, fill station, controls and other accessories for maintaining Raw Water Disinfection and Finished Water Trim Disinfection during demolition of the existing chemical facilities and construction of the new chemical facilities. b. Demolish the existing Chemical Facilities and construct a new pre-engineered metal Chemical Storage Building. c. Obtain the services of the designated Chemical Equipment Supplier to furnish and install new liquid Sodium Hypochlorite metering pump skids,tanks, piping, injectors, fill station, controls and other accessories for a new Raw Water Disinfection system and a new Finished Water Trim Disinfection system in the new Chemical Storage Building. d. Remove Temporary Chemical Facility and restore ground. 5. Process Area 500 Corrosion Control a. Obtain the services of the designated Chemical Equipment Supplier to furnish and install new metering pump skids,tank, piping, injector, fill station, controls and other accessories for a new Polyorthophosphate Storage and Feed system in the new Chemical Storage Building. 6. Process Area 700 Civil/Site and Miscellaneous Improvements a.New automated site entrance vehicle slide gate and personnel access swing gate and building access with"Cyberlock" Key Entry. b. Site Surveillance System for monitoring all structure access points connected via new fiber optic conduit from the system to the property line for future optic connection. 6 camera locations will be provided. c. Demolish and remove existing yard piping serving the existing high service pumps and 250,000 gallon GSR, existing generator and fuel tanks, and septic tank(currently abandoned). d. Demolish existing metal Process Building and replace with a new Chemical Storage Facility. e. Driveway, sidewalk, site grading and landscaping. 7. Process Area 800 Electrical Power and Instrumentation and Control (I&C) System a. Upgrade/replace the primary electrical service and electrical distribution system to be housed in a new pre-manufactured electrical building, lightning protection, exterior lighting for new pump locations,well pump control system and replace the existing Motorola ACE Remote Terminal Unit(RTU)for the four(4)HSPs with new PLC based SCADA. b. Demolish and remove existing generator package and fuel system. Provide new Diesel 5 I -7 Van Fleet Water Production Facility Improvements BVP 13-196 Generator in sound attenuated enclosure and new fuel storage and supply system. c.New SCADA Radio Tower for communication with off-site wells. Provide SCADA and radio communication improvements at the off-site wells. 1.2 PROJECT TIMELINE The following are the critical dates for this Project. Please be advised that these critical dates are subject to change as deemed by the County. 02/04/2013 Project Announcement 02/19/2013 Mandatory Best Value Training Session 9:OOAM(see Section 1.4 for details) 02/19/2013 Mandatory Pre-Submittal Meeting&Site Visit 10:00 AM(see Section 1.4 for details) 03/01/2013 Deadline for questions(5:00 PM) 03/13/2013 Submittals due prior to 2:00 PM 03/18/2013 Best Value Submittal package to Evaluation Committee 03/28/2013 Blind evaluation complete 04/02/2013 Notification of shortlisted Contractors 04/10/2013 Interview of shortlisted Contractors 04/22/2013 Identification of potential Best Value Contractor 04/25/2013 Kick-Off meeting 05/27/2013 Pre-Award meeting 06/18/2013 Anticipated date of execution of contract Attendance at the mandatory Pre-Submittal Meeting and Site Visit is required. The County will not accept questions after the deadline for questions stated above. All submittals must be received in the Procurement Division office prior to 2:00 pm, Wednesday, March 13, 2013. Submittals arriving at 2:00 pm or later, as evidenced by the time clock housed at the front desk of the Procurement Division office will not be accepted. 1.3 PROJECT BUDGET The total estimated Project budget is$3,500,000.00. 1.4 BEST VALUE PROCUREMENT PROCESS TRAINING SESSION, MANDATORY PRE SUBMITTAL MEETING AND MANDATORY SITE VISIT A mandatory 'Best Value" procurement process training session and Pre-Submittal Meeting will be held Tuesday, February 19, 2013 at Polk County Utilities, 1011 Jim Keene Boulevard, Winter Haven, FL. A mandatory Site Visit will immediately follow. Contractors that have previously attended a "Best Value" procurement process training session with Polk County will be exempt from attending the "Best Value" procurement process training session scheduled on Tuesday, February 19, 2013 at 9:00 AM. The following Contractors will be exempt from attending this portion of the training session: CenState Contractors, Inc.; Close Construction, LLC; Encore Construction Company; Florida Design Contractors; Killebrew, Inc.; Marcobay Construction; Vogel Brothers Building Co; Wharton-Smith, Inc.; Wright Construction. The above listed Contractors will be exempt from attending; however, attendance is encouraged. 6 ��2- G Van Fleet Water Production Facility Improvements BVP 13-196 Contractors that have not attended a "Best Value" procurement process training session must attend on Wednesday, February 19, 2013 at 9:00 AM. The County will not accept Submittals from Contractors who have not attended a"Best Value"procurement process training session. i Contractors interested in submitting a Submittal for BVP 13-196 Van Fleet Water Production Facility Improvements must attend the mandatory Pre-Submittal Meeting scheduled on Wednesday, February 19, 2013 at 10:00 AM. No Contractor will be exempt from attending the mandatory Pre-Submittal Meeting. The County will not accept Submittals from Contractors that do not attend the mandatory Pre-Submittal Meeting. The purpose of the mandatory Pre-Submittal Meeting will be to clarify the Submittal requirements and technical specifications. A mandatory site visit will immediately follow the mandatory Pre-Submittal Meeting. Contractors that have previously attended a site visit for the Van Fleet Water Production Facility Improvements will be exempt from attending the mandatory site visit. The following Contractors will be exempt from attending the mandatory site visit: CenState Contractors, Inc.; Close Construction, LLC; Killebrew, Inc.; Marcobay Construction; Vogel Brothers Building Co; Wharton-Smith, Inc.; Wright Construction. The above listed Contractors will be exempt from attending; however, attendance is encouraged. All other Contractors must attend the mandatory site visit. The County will not accept Submittals from Contractors that have not attended a mandatory site visit. The purpose of the mandatory Site Visit is to permit Contractors an opportunity to review and generally familiarize themselves with the Project site. As generally described in Section 2, below, the BVP does not value marketing materials and as such, Contractors are strongly encouraged to send their operations personnel to the mandatory Pre-Submittal Meetings and mandatory Site Visit in addition to or in substitution of traditional business development/sales personnel. The County will send written replies to all questions it receives during the Pre-Submittal Meeting and Site Visit to all Contractors on the mandatory Pre-Submittal List. Only those Contractors that have attended the Pre-Submittal Meeting and a Site Visit and properly noted such attendance on the sign in sheets will be eligible to participate in this Solicitation. Questions must be submitted to the County in written format only to Kari L. Kennedy, Procurement Specialist. Questions must be sent via email at karikennedygpolk-coun .net or via fax at(863) 534-6789. Contractors and any prospective contractors shall not contact, communicate with or discuss any matter relating in any way to this BVP with any member of the Polk County Board of County Commissioners or any employee of Polk County other than the County Procurement Director or the individual designated above. This prohibition begins with the issuance of the Best Value Procurement Proposal and ends upon completion of the protest period. Any such communication initiated by a Contractor or prospective contractor shall be grounds for disqualifying the offender from consideration for a contract to be awarded pursuant to this BVP and for contracts to be awarded pursuant to BVPs,RFPs or Requests for Bid that the County may issue in the future. 7 Van Fleet Water Production Facility Improvements BVP 13-196 SECTION 2 - SUBMITTAL REQUIREMENTS AND EVALUATION CRITERIA 2.0 OVERVIEW The BV Submittal is made up of the Project Approach Plan& Project Schedule, Risk Assessment Plan, and Value Added Plan. The County will review each Submittal it receives in response to this Solicitation for responsiveness, completeness, signatures, and all required data before accepting the Submittal for further review and consideration. The County will evaluate Submittals against the evaluation criteria, in Section 2.2 Evaluation Criteria, for the degree to which each Submittal meets the criteria as specifically requested in the Attachments. The County shall score each Submittal against the evaluation criteria in its sole discretion and, if the County awards a contract, it will award the contract to the BV Contractor whose Submittal is the most advantageous to the County as determined by the County in its sole discretion. BEST VALUE PROCESS The BVP is a procurement selection method which permits government entities to make a selection based on performance, experience, cost, and expertise. The Contractor is afforded the opportunity to demonstrate their ability to perform the Scope of Work based on past performance in like Projects and current understanding of the needs of the Project for which the Solicitation is being issued. The BVP can be considered as having four distinct stages. Selection: The first stage of the BVP is the selection process that focuses on the Contractor's ability to differentiate itself from other Contractors based upon the Contractor's ability to identify, prioritize, and minimize risks, to add differential value to the County's Project, and to show a high level of past performance on behalf of the Contractor's other clients. Instead of focusing on stated minimum expectations of Project performance, the County's use of the BVP allows Contractors to compete based on the value each Contractor can contribute to a Project and the Contractor's ability to maximize the County's satisfaction. Consequently, a Contractor's Submittal should be brief, should differentiate the Contractor's Project Approach(as described in Section 2.5, below) from its competitors, and allow the County to make a data-based decision on which Contractor Submittal would provide the best value for the County. It is imperative that each Contractor understand that, if the Contractor is selected, the content of its Submittal and the commitments made during any Interview conducted pursuant to Section 3.2, below, will become part of the contract to construct the Project. Pre-Award Phase: The second stage of the BVP is the Pre-Award Phase that occurs after the County has selected a potential Best Value Contractor, but prior to the County's award of a contract to construct the Project. The Pre-Award Phase consists of two (2) elements. In the first element of the Pre-Award Phase, the County will announce the potential Best Value Contractor. The decision to invite a Contractor to the Pre-Award Phase is the Best Value Process procedural equivalent to the County's initial award of a bid solicitation or a request for proposal solicitation. Any Contractor participating in this Solicitation who believes it is adversely affected by the County's decision with respect to the Best Value Solicitation may file a written notice of intent to file a protest with the Procurement Director in accordance with the County's Protest Procedures. Failure to follow the protest procedure requirements as established by the County 8 Van Fleet Water Production Facility Improvements BVP 13-196 shall constitute a waiver of your rights to protest and of any resulting claims. If the County does A not receive any protests within the time frames established in the Protest Procedures, the Pre- Award Phase will advance to the second element. In the second element of this stage,the County identifies, clarifies, and documents all aspects of the proposed Project with concerned stakeholders. Award and Contract Phase: The third stage of the BVP is the Award and Contract Phase. This stage commences after the potential Best Value Contractor and the County have identified, clarified and documented all aspects of the proposed Project. This stage will include the award of the project by the Procurement Director and the ratification of award and execution of the contract by the Board of County Commissioners. Post Award: The fourth stage of the BVP is the Post-Award Phase. This stage commences after the County and BV Contractor have entered into a contract to construct the Project and continues through the duration of that contract. The contract will require the BV Contractor to minimize Project risks to the County and to perform the Project work in accordance with the BV Contractor's Submittal. Accordingly, during this stage the BV Contractor will conduct designated performance measurements and report to the County weekly regarding its Project performance and the risk level of the services it is providing. To satisfy these Post-Award Phase requirements the BV Contractor must establish an accurate system that will enable the County to easily monitor the BV Contractor's performance of the Project requirements to include the BV Contractor's tracking and documenting all Project risks. 2.1 RESPONSIVENESS (Pass or Fail) Only responsive Submittals will be evaluated and considered for award. Contractors must prepare Submittals that follow the format and sequence specified in this Solicitation. This includes adherence to the format of the required attachments. The following conditions/criteria must be met in order for a Submittal to be considered responsive to the Solicitation requirements: 1. Attend mandatory Pre-Submittal Meeting and mandatory Site Visit 2. Complete and provide all information in Attachment A,BVP Cover Page& Checklist 3. Complete and provide all information in Attachment B, Proposal Form 4. Complete and provide all information in Attachment D , Risk Assessment Plan and Value Added Plan 5. Complete and provide all information in Attachment C , Project Approach Plan 2.2 EVALUATION CRITERIA If a Submittal is determined to be responsive to the Solicitation requirements, the Submittal will be evaluated based upon the criteria(the "Evaluation Criteria") identified, below, and more fully described in the remainder of this Section 2. When evaluating a Contractor's Submittal, the County reserves the right to request supplementary information from any source to assure the County that the BV Contractor's competence, business organization, and financial resources are adequate to successfully perform the required Project services. 9 Van Fleet Water Production Facility Improvements BVP 13-196 WEIGHT CRITERIA REFERENCE 20 Points Project Approach Plan &Project Schedule(4 Pages) Refer to Section 2.5 15 Points Risk Assessment Plan(2 Pages) Refer to Section 2.6 OS Points Value Add Plan 2 pages) Refer to Section 2.6 20 Points Interview Rating Refer to Section 3.2 20 Points Cost Proposal Refer to Section 3.3 10 Points Past Performance Information Refer to Section 2.7 05 Points Local Preference Refer to Section 2.4 05 Points Vendor Preference Refer to Section 2.4 The members of the Evaluation Committee described in Section 3, below, shall review and evaluate each Submittal, providing a score for each of the foregoing criteria, except for Local Preference, Vendor Preference, Cost Proposal, and Past Performance Information. 2.3 PROPOSAL FORM The Contractor will prepare and submit Attachment A, (BVP Cover Page & Checklist) along with Attachment B, Proposal Form. The Proposal Form requires information regarding the proposed Project costs/fees (cost to meet the County's intent of this Project), the proposed Project duration (including substantial completion and final completion dates), and information on the Critical Team Members, as listed in Section 2.7 Past Performance Information and Attachment B, Proposal Form,that will be used for the duration of this Project. 2.4 LOCAL/VENDOR PREFERENCE Local Preference All Polk County entities will be given 5 points. It is the policy of the Board of County Commissioners to afford local preference to Polk County entities as stated in Polk County Procurement Ordinance 08-063. For purposes of this provision the term "Polk County entity" means any business having a physical location within the boundaries of Polk County at which employees are located and from which business is regularly transacted. If a contract is being funded in whole or in part by assistance of any federal, state or local agency which disallows local preference, the County will adhere to those requirements by not applying this section. Vendor Preference All Women or Minority Owned Entities will be given 5 points. It is the policy of the Board of County Commissioners to afford vendor preference to women or minority owned entities. Preference as stated in Polk County Procurement Ordinance 10-005. The term "Women or Minority Owned Entity" means any business having at least 51% ownership by women or minority group members who independently control the management and day-to-day operations of the entity. Group members are Females, African Americans, Hispanic Americans,Asian-Pacific Americans,Native Americans, and Asian-Indian Americans. 10 I7Z I o Van Fleet Water Production Facility Improvements BVP 13-196 If a contract is being funded in whole or in part by assistance of any federal, state or local agency which disallows this form of preference, the County will adhere to those requirements by not applying this section. 2.5 PROJECT APPROACH PLAN& PROJECT SCHEDULE The purpose of the Project Approach (PA) Plan is to itemize the steps required to complete construction of the Project. The Contractor should list all the major milestones it anticipates during construction. The milestones listed within this Plan should mirror the Project Schedule. The PA Plan&Project Schedule serves several purposes, including; a) Purpose of PA Plan&Project Schedule • Assist the County in prioritizing Contractors Submittals based on their ability to understand and deliver the Project. • Assist the Contractor in planning what it is going to do before Project commencement. • Provide high performing Contractors the opportunity to differentiate themselves from their competitors due to their experience and expertise by using verifiable performance metrics. b) PA Plan &Project Schedule Format Requirements • PA Plan&Project Schedule must not contain any names that can be used to identify who the Contractor is(such as firm names, personnel names, Project names,or product names). • The PA Plan& Project Schedule must not include the proposed cost or proposed duration that the Contractor has identified in the Submittal Form. • All templates are included in this Solicitation. The documents should be used by all Contractors. Contractors should not re-create, re-format, or modify the templates in any manner. Contractors should type their responses on the Word template provided. • The PA Plan&Project Schedule(whether the pages are blank or filled) must not exceed 4 pages(front side of page only). • The PA Plan&Project Schedule shall not contain any marketing information. The PA Plan&Project Schedule should be used to prove to the County that the Contractor has expertise for the specific Project being proposed. C) Project Approach(PA)Plan: The PA Plan will allow a Contractor to differentiate its approach to meet the requirements of this Project with a plan that meets time and cost goals. The Contractor should also identify its "vision" or"plan" on the alignment of their expertise over the duration of the Project, minimizing all anticipated risks under its control. All cost and schedule impacts associated with technical capabilities listed in the PA Plan must be included in your base cost/schedule. Base Cost is comprised of the value of the Project before any value added options are accepted by the County. Contractors shall use Attachment C, Project Approach Plan template when completing this portion of the PA Plan&Project Schedule(2 pages, 8 1/2X 11 only, no names, pictures, or color, etc.). d) Project Schedule: Provide a two(2)page Project Schedule,which clearly conveys milestones, design activities,permitting processes,the County's approval process, 11 1.7 Z. Van Fleet Water Production Facility Improvements BVP 13-196 construction and Project close-out(assume an anticipated date of award, June 18, 2013) (2 pages, 8 `/z X11 only, no names, pictures, or color, etc.). The Project Schedule should follow the PA Plan as closely as possible yet remain within the formatting requirements noted above. e) Failure to comply with any of the Project Approach Submittal format requirements may result in disqualification. 2.6 RISK ASSESSMENT PLAN AND VALUE ADDED PLAN Risk Assessment Plan Risk Assessment Plan (RA Plan) - The Contractor should list and prioritize major risk items on this Project that could cause the Contractor's "vision" or "plan" to deviate or not meet the expectations of the County (i.e. risks that the Contractor does not control). This includes sources, causes or actions that are beyond the scope of the contract that may cause cost increases, delays, change orders, or dissatisfaction to the County. Do not include in this section any risks caused by a lack of the Contractor's technical competency. The risks should be described in simple and clear terms so that non-technical personnel can understand the risk. The Contractor must also explain how they will mitigate, manage, and/or minimize the risk from occurring. A mitigation / management plan solution with supporting dominant information is required for a score that deviates from a standard "5" score. The backup performance information can include how many times the mitigation plan was previously used, and the impact on performance in terms of customer satisfaction. Value Added Plan Value Added Plan (VA Plan) - The purpose of the VA Plan is to provide Contractors with an opportunity to identify any value added options or ideas that may benefit the County at a change in cost or scope. These options or ideas may also be referred to as additional or optional services. Where applicable, the Contractor should identify: 1) what the County may have excluded or omitted from its scope; and 2) how these options or ideas have been successful through verifiable performance information and/or best value practices. The Contractor should list the cost as a percentage of Base Cost and time impact of its options or ideas. All items should be listed in terms of a percentage of the base Project cost. The ideas identified in the VA Plan must not be included in the Contractor's Base Cost Proposal. The Contractor should identify and briefly describe any options, ideas, alternatives, or suggestions to add value to this Project, and indicate how the items will increase or decrease cost or time (note: a Value Added option must impact cost). Again, all cost impacts associated with these value added options must not be included in the Base Cost. Evaluation of materials, equipment, etc. submitted for an approved equal status will only be considered through the Best Value Contractor Submittal during this Value Added Process. Contractors shall use Attachment D, Risk Assessment Plan and Value Added Plan templates when preparing this portion of the Submittal. Contractors shall not exceed the two(2)page limit for each Plan and shall follow all formatting instructions as outlined on the Attachment and noted above in Section 2.5. 12 Van Fleet Water Production Facility Improvements BVP 13-196 • Note: A separate"Reference List" is required for each Firm and Team Member. Survey Questionnaire Requirements: • Each Firm/Team Member must prepare, send out, and collect survey questionnaires to each individual listed on the Reference List. • All returned survey questionnaires must be evaluated and signed by the client to whom it was originally sent to. If a survey questionnaire is not signed, it will not be counted/considered. • Each Firm/Team Member is responsible for making sure that their clients receive the survey questionnaire, complete the survey questionnaire, and return the survey questionnaire. • All of the returned survey questionnaires should be packaged together and submitted with Contractor's Submittal (the Contractor should make a copy of all returned surveys for their own records). Past Performance Information Score: • Each Firm/Team Member will be required to input all of their returned survey questionnaires scores, and then average all of the responses together (to obtain their overall rating). • Each Firm/Team Member will be required to count the total number of returned survey questionnaires (to obtain the overall number of returned survey questionnaires) • The County may contact the reference to clarify a survey rating or to check for accuracy. If the client cannot be contacted,the survey questionnaire will be deleted and no credit given for that client. The County may also adjust scores/ratings if the County determines that these criteria/requirements have not been followed. • Note: A separate"Past Performance Information Score" is required for each Firm/Team Member. SECTION 3 - SELECTION PROCESS 3.0 EVALUATION COMMITTEE An Evaluation Committee will individually evaluate and rate each responsive Best Value (BV) Submittal. These members will also participate in evaluating and rating the Interviews of the shortlisted Contractors. 3.1 ANALYSIS OF SUBMITTALS All responsive Submittals will be evaluated based on the criteria and weights outlined in Section 2.2, Evaluation Criteria. The Procurement Staff shall assign the applicable Local Preference and Vendor Preference score for each Contractor in accordance with established policy. Scores for the Cost Proposal and PPI will be calculated using a mathematical formula recognizing lowest to highest value and assigning a score accordingly, based on where the value falls within the lowest to highest range. Cost uses a range from lowest value to highest value; PPI uses a range from highest value to lowest value. 14 Van Fleet Water Production Facility Improvements BVP 13-196 The County will determine the potential BV Contractor who, in the sole judgment of the County, best meets the requirements listed in this Solicitation. The County reserves the right to clarify or seek additional information on any Submittal. The County also reserves the right to re-scope the Project, and/or cancel and reject all Submittals. Evaluation Committee Members will individually review and score the designated Evaluation Criteria of each Submittal. The intent is to start with five (5) points for each of the Evaluation Committee Scored Evaluation Criteria, moving to a one (1) or a ten (10) point score only if dominant information is available within the Submittal being reviewed. All deviations from a score of 5 must have supporting comments and documentation justifying the higher or lower score. Dominant information is information that is: • Non-disputable • Verifiable • Accurate • Measurable in terms of numbers, percentages, or time • Reflective of high performance • Able to clearly show a high probability of successful performance of the method(s) proposed by the Contractor. Dominant information is created by a Contractor and presented in its Submittal. Information that raises doubt, can be interpreted in different ways, or for which accuracy can be challenged, is less dominant information. The value of dominant information differs in every project. An Evaluation Committee Member may only give a high rating when the member identifies a method, process, idea, or other action along with supporting dominant information which shows the Contractor can meet the intent of the County and which clearly differentiates the Contractor from its competitors. A blind evaluation is done by reviewing Submittals individually that contain no identifying information within the Submittal. Contractors are not to provide any language or marks that may act as an identifier that would possibly aid the Evaluator in identifying the Contractor being evaluated. Information an Evaluation Committee Member considers dominant based on any of the points noted above will be discussed and reviewed by the Evaluation Committee after the individual Evaluation Committee Members evaluations have been completed and prior to final scores being recorded in the Best Value Model. Each member of the Evaluation Committee is entitled to change their deviant score after discussion has been completed, however, no committee member is required to change their deviant score if the discussion does not convince the committee member that the information the deviant score is based upon is not dominant. The Evaluation Committee will meet to review scores once individual Evaluation Committee Members evaluations of the Submittals are completed. Evaluation Committee Members will have the option of changing their score(s) at any time during this discussion. Discussion will focus on the merit of the scores. Justification will be required whenever a score deviates from the standard 5 score; dominant information must be present for a score of 10. The team member scores will be collected, averaged, and entered into the Best Value Model where they will be weighted and final scores calculated. 15 1 -7Z' IS Van Fleet Water Production Facility Improvements BVP 13-196 Upon completion of the blind evaluation and compilation of all scores,the Evaluation Committee shall make a determination on elevation of Contractors for Interviews, as noted below in Section 3.2. 3.2 INTERVIEWS The County may shortlist(if necessary)the top rated Contractors. The shortlisted Contractors may be required to participate in an interview. The County may interview all Critical Team Members, including(but not limited to): • Project Manager • Site Superintendent • Instrumentation &Controls Contractor The County may also request to interview additional personnel. The County will interview individuals separately (and may perform a group interview after the individual interviews are completed). The individuals interviewed must be the same individuals for whom PPI's were submitted. No other individuals (from the Contractor) will be allowed to sit in or participate during the interviews. The County may request additional information prior to interviews. All proposed Critical Team Members must be available in person for interviews on the date specified in this Solicitation. At the County's discretion, substitutes, proxies, phone interviews, or electronic interviews may be allowed. Individuals who fail to participate in the interview will not be given a score which may jeopardize the Contractor's competitiveness. 3.3 COST PROPOSAL—BASE COST Contractors are to submit a competitive Cost Proposal based upon the base specifications and scope provided by the County. Base Cost, as defined in Section 2.5 c, is the value of the Project before any value added options are incorporated. All Value Added options proposed by the Contractor are to be excluded from the Base Cost. The pricing will be the Base Cost and will not be negotiated (excluding inclusion/exclusion of value added options or adjustments in County scope requirements or needs during the Pre-Award Phase). Cost Proposal must not contain any names that can be used to identify who the Contractor is (such as company names, personnel names, project names, or product names). Cost Reasonableness After ranking all of the Contractors based on the selection criteria,weights, and ratings,the County will verify if the BV Contractor meets the following requirements: • If the highest ranked Contractor is within 5%of the next highest ranked Contractor's cost, then the highest ranked Contractor will be invited to the Pre-Award Phase. • If the highest ranked Contractor cost is more than 5% greater than the second highest ranked Contractor's cost,the County reserves the right to invite the second highest ranked Contractor to the Pre-Award Phase. • If the highest ranked Contractor's cost is more than 5 %below the average Contractor's cost, the County reserves the right to proceed to the next Contractor. 16 In - 110 Van Fleet Water Production Facility Improvements BVP 13-196 • When the County is considering going to the next highest ranked Contractor,the highest ranked Contractor can stay in the process by having presented dominant performance metrics which justify their selection despite their higher or lower cost. 3.4 Scoring Methodology Contractor's Submittals will be evaluated and scored based upon the Evaluation Criteria listed in Section 2.2. The Evaluation Committee scores the PA Plan, the RA Plan, and the VA Plan. Procurement staff shall assign scores for Local Preference and Vendor Preference, when applicable. The Cost Proposal score is generated by a mathematical equation built into the Best Value Model that records all scores and provides the final score, thereby identifying the highest scoring Contractor. SECTION 4 - PRE-AWARD PHASE The potential BV Contractor will be required to perform the Pre-Award Phase functions as outlined in this section. The intent of this Phase is to allow the proposed BV Contractor an opportunity to clarify their Submittal, address any issues or risks, allow the County to add any concerns,and to prepare a Pre-Award Document. The Pre-Award Phase will begin with the announcement of the potential Best Value Contractor. The decision to invite a Contractor to the Pre-Award Phase is the Best Value Process procedural equivalent to the County's initial award of a bid solicitation or a request for proposal solicitation. Any Contractor who believes it is adversely affected by the decision with respect to the Best Value Solicitation may file a written notice of intent to file a protest with the Procurement Director in accordance with the County's Protest Procedures. Failure to follow the protest procedure requirements as established by Polk County, Florida, shall constitute a waiver of your rights to protest and any resulting claims. If the County does not receive any protests within the time frames established in the Protest Procedures,the Pre-Award Phase will advance. OVERVIEW a. The Pre-Award Phase is not a negotiation period. The BV Contractor will not be permitted to modify its cost/fee/financial rates, Project durations, or Project team unless the County requests changes. The Pre-Award Phase is started by the notification of the BV Contractor and ended by the final presentation to the County after all issues have been addressed. If the County is not satisfied during the Pre-Award Phase, or upon completion of the Pre-Award Meeting, the County may consider another Contractor for potential award (this Contractor would also have to conduct a Pre-Award Meeting). If the County is satisfied with the BV Contractor,they will proceed to issue a contract. b. The Pre-Award Phase is carried out prior to the signing of the contract. The County's objective is to have the Project/Service completed on time, without any cost increases, and with high satisfaction. At the end of the Project, the County will evaluate the performance of the BV Contractor based on these factors, so it is very important that the BV Contractor pre plans the Project to ensure there are no surprises. c. It is the BV Contractor's responsibility to ensure it understands the scope of the Project and clearly identifies what it is delivering. It is the County's responsibility to ensure that it conveys any potential concerns and issues before the contract is signed. It is the BV Contractor's responsibility to manage and mitigate the risk of the Project. 17 Van Fleet Water Production Facility Improvements BVP 13-196 d. The Pre-Award Phase provides the BV Contractor with an opportunity to identify "what is in" and "what is out" of their Submittal. The County has the right to accept or reject this Submittal. The County also has a right to identify their perceived risks, concerns, and issues which it will require the BV Contractor to mitigate and manage. The major products of the Pre-Award Phase include the scope of the Project, the milestone schedule, the Risk Management Plan (RMP), the cost breakout of the Project, and the Weekly Risk Report (WRR.) The pre-planning should include all coordination and identification of all risks that cannot be controlled by the BV Contractor. e. In many cases, one of the BV Contractor's biggest risks (in terms of delivering the service with high satisfaction) is the County. Therefore, it is in the BV Contractor's best interests to identify any issues or concerns ahead of time during the Pre-Award Phase. The BV Contractor should minimize their risk by creating documentation that assists them to be proactive in mitigating risk. PRE PLANNING AND COORDINATION a. The BV Contractor may be required to provide the County with supporting documentation of any information listed in their Submittals before entering the Pre- Award Phase. b. Once the BV Contractor is notified, the County may provide a list of risks identified by the other Contractors and a list of any County issues or concerns. c. The County requires that the BV Contractor attend a Kick-Off Meeting to present their Submittal, the milestone schedule, their Risk Management Plan (RMP), and to seek additional issues or concerns that the County may have. It is also an opportunity to meet all participants who may be a stakeholder in the Project. The BV Contractor is required to perform the following functions as part of, or in preparation for, this Kick-Off Meeting: i. Ensure that the County Project Manager has invited all County stakeholders and participants to the meeting (including County, subcontractors, architect or engineer of record, interested parties, etc.) ii. Present the scope of their services("what is in" and "what is out"). iii. Present their milestone schedule and their RMP. This Plan includes risks and potential mitigation to the risks. iv. Identify County responsibilities. v. Present their Weekly Risk Report (WRR) template, as defined in Section 6.0 Weekly Risk Report. This template and instructions on how to complete the WRR are available via the PBSRG website at http://pbsrg.com/best-value- model/videos/?redirectfrom=/pips/videotutorials. vi. Identify any Request for Information(RFI)that they may have. vii. Listen to concerns, issues, and comments from the County stakeholders. viii. Propose a schedule to finalize the Pre-Award Phase and the contract documents. d. Once the Pre-Award Kick-off Meeting is held, and if the County is comfortable with the BV Contractor's Submittal, the Pre-Award Phase begins. The BV Contractor will be required to complete the following: i. Revisit the site/buildings/campus to do any additional investigating. 18 1-7 L 1� Van Fleet Water Production Facility Improvements BVP 13-196 ii. Coordinate with all parties that will be involved with the Project. iii. Resolve concerns and issues they have with mitigating actions. iv. Finalize the Pre-Award Documents (contract, WRR, milestone schedule, RMP, Project scope.) PRE-AWARD DOCUMENT The final Pre-Award Document will include the following: a. Finalized scope documents b. RMP c. Milestone schedule d. Format of the WRR e. Project financial summary, i. The selected Contractors Original Base Cost ii. A list of agreed/accepted Value Added Options(with impact to cost) iii. A list of agreed upon Scope Changes or Additional Work (if applicable) (with impact to cost) iv. A Schedule of Values f. Complete detailed Project or services schedule g. Project action item checklist of County actions h. Project and emergency contact list. PRE-AWARD SUMMARY MEETING The Pre-Award Summary Meeting is held at the end of the Pre-Award Phase and is used to present the Pre-Award Document with a summary of what was developed and agreed upon during the Pre-Award Phase. The Pre-Award Meeting is not a question and answer session. The BV Contractor and County stakeholders must not wait for the meeting to ask questions. All coordination and planning with the County should be done prior to this meeting. SECTION 5-AWARD AND CONTRACT OVERVIEW Upon satisfactory conclusion of the Pre-Award Phase the Best Value Contractor will execute a written contract with the County to complete the Project. The Contract, together with Special Conditions, Supplementary Conditions, Plans, Drawings, BVP Document, all addenda issued,the Conditions of the Contract, Exhibits, Attachments, the BVP Submittal, the Pre-Award Document, and Technical Specifications shall constitute the Contract Documents concerning this Solicitation. All contracts are subject to final approval of the Polk County Board of County Commissioners. Persons or firms which incur expenses or change position in anticipation of a contract prior to the Board's approval do so at their own risk. AWARD OF CONTRACT/REJECTION OF SUBMITTALS A Best Value Procurement may be awarded by the Procurement Director to the Best-Valued Contractor based on the criteria in this Solicitation. The Procurement Director, however, at its 19 ? L' k Van Fleet Water Production Facility Improvements BVP 13-196 sole discretion, reserves the right to reject any and all Submittals or to waive any informality concerning the submittal whenever such rejection or waiver is in the best interest of the County. The Procurement Director, likewise, reserves the right to reject the Submittal of any Contractor who has previously failed to perform properly or to complete on time, contracts of a similar nature; or who is not in a position to perform the contract; or who has habitually and without just cause neglected the payment of bills or otherwise disregarded its obligations to subcontractors, materialmen or employees. EXECUTION OF WRITTEN CONTRACT The BV Contractor will be required to execute a written contract which has been made a part of this BVP package and identified as Part E. The written contract will evidence the parties' agreement with respect to the Project in accordance with the award made to the BV Contractor. The BV Contractor shall sign and deliver an executed Contract to the County within ten (10) calendar days after its receipt of the Notice of Award. SECTION 6 - POST-AWARD PHASE WEEKLY RISK REPORT The BV Contractor will be required to submit weekly reports documenting risks related to the services, as outlined below. The reports are due every Friday or other agreed upon day, once the Post-Award Phase begins, until the end of contract term. It is the BV Contractor's responsibility to submit accurate reports on time. The accuracy and on-time submittal of the reports will impact the BV Contractor's final rating. OVERVIEW The Weekly Risk Report (WRR) is a companion to the Risk Management Plan (RMP) that is created by the BV Contractor during the Pre-Award Phase. The report serves as a tool for the County in analyzing the performance of the BV Contractor for this Project based on risk. The WRR is expected to take minimal effort (approximately 5 minutes per week). The WRR does not substitute or eliminate weekly progress reports or any other traditional reporting system that the selected Contractor may do. The purpose of the WRR is to allow the BV Contractor to manage and document all risks that occur throughout the Project. Risk is defined as anything that impacts Project cost or Project schedule. This includes risks that are caused by the BV Contractor(or subcontractors), and risks f that are caused by the County (scope changes, unforeseen conditions, etc.) The County Project Manager may also require the BV Contractor to document risks that may impact customer or ik County satisfaction. SUBMISSION The WRR is an Excel file that must be submitted on Friday or other agreed upon day every week. The WRR is due every week once the Notice to Proceed(NTP) is issued, until the Project is 100% complete and final payment is made. The report must be emailed to: Project Manager: Nelsonstiles@polk-county.net Procurement: Karikennedy@polk-county.net County Consultant: Brown & Caldwell,Tbosso@brwncald.com 20 l � a -20 Van Fleet Water Production Facility Improvements BVP 13-196 The completed WRR must be saved using the date and name of the Project given by the County (Format: YYMMDD_ProjectName_Project ID; For example, `Polk Project' for the week ending Friday, March 1, 2005, should be labeled '050301_PolkProject_01-123-45-6789'). This will facilitate the County in analyzing all Projects on a weekly basis. ONLINE GUIDE AND TUTORIAL A short video tutorial is also available online to the BV Contractor at http://www.pbsrg.com/pips/videotutorials/ which provides information on the WRR. The BV Contractor is required to watch this video during the Pre-Award Phase. The WRR consists of scope changes or unforeseen events that are risks to the Project in terms of cost, schedule, or County satisfaction including any issues that could potentially develop into a risk. When a new issue is identified, it is added to the Project risks, along with the following: Identification date (date the risk was identified), plan to minimize the risk, resolution due date, impact to critical path or schedule(in days), and impact to final cost(in dollars). Prior to submitting the report,the BV Contractor must contact the County if there are any risks or potential risks identified. The County is required to provide a satisfaction rating based on the identified risk and the BV Contractor's plan to mitigate the risk. The rating is based on a Best Value Scale of 1-5-10 (10 being completely satisfied, 5 being satisfied and 1 being completely dissatisfied). The Project Manager may modify their satisfaction ratings at any time throughout the Project. When a risk is resolved,the actual date of resolution must be listed. The BV Contractor is also required to submit a detailed Project schedule (including the NTP date, Substantial Completion date, and Final Completion date) in the WRR. The detailed Project schedule report must contain the BV Contractor's original schedule along with the current estimated schedule. Note: The WRR will be analyzed for accuracy and timeliness by the Engineer or County Project Manager. Upon completion of the Project, the BV Contractor will be evaluated based on their performance during the entire Project. This includes (but is not limited to): overall quality, on- time completion, no cost change orders, no complaints, and submission of accurate information. The final rating will be used to mods the General Contractors PPI scores by 50%. The modified rating will be used for competition on future Projects. P POST PROJECT EVALUATION Upon completion of the Project, the BV Contractor will be evaluated based on their performance �I on the Project. This includes (but is not limited to): overall quality, on-time completion, no cost i change orders, no complaints, and submission of accurate weekly reports. The final rating will [[ be used to modify the Project Team's PPI scores by 50% (including the Critical Team Members). t The BV Contractor shall be assigned a score of 10 at the start of the Project as they have demonstrated abilities that acknowledge their status as a high performing contractor through the Solicitation phase. Adjustment of this score to a 5 or a 1 will be dependent on information contained within the weekly Risk Report. SECTION 7- SUBMITTAL FORMAT AND GENERAL INFORMATION SUBMITTAL FORMAT 21 1 -72- ' 2,1 Van Fleet Water Production Facility Improvements BVP 13-196 All Submittal documents must be on standard 8'/s"x 11" paper. The Submittal should be stapled (and not bound) to facilitate easy handling, photocopying, and reading by the Evaluation Committee. Please do not submit binders, folders, or any additional information other than the required Attachments listed in Section 2, Submittal Requirements and Evaluation Criteria. No faxed or emailed Submittals will be considered. The Submittal must be received by date and time specified in Section 1.2 Project Timeline. Late Submittals will not be considered. The Submittal must be mailed or delivered in a SEALED package. The package must contain the following information on the outside of the package: Contractor's Name, Contractor's Address, Solicitation Project Name, and Solicitation Number. Mail or deliver one package containing one (1) original to the contact listed below. Do not submit copies to any other person or location. Polk County Procurement Division Kari L. Kennedy 330 West Church Street, Room 150 Bartow, Florida 33830-9005 QUESTIONS AND INQUIRIES The person designated below shall be the only contact for all inquiries regarding any aspect of this Solicitation process and its requirements. Kari L. Kennedy E-Mail: karikennedy@polk-county.net Please e-mail all questions to the person listed above by the date noted in Section 1.2, Project Timeline. No phone calls will be accepted. Do not contact any other County employee or representative regarding this Solicitation. COUNTY RIGHTS AND RESERVATIONS The County Procurement Director is authorized, in the exercise of its reasonable discretion, to redact any minor identifying information contained in any Submittal. The County reserves the right to remedy or to waive technical or immaterial errors contained in this Solicitation or in any Submittal it receives. The County reserves the right to request supplementary information from any source to assure the County that a Contractor's competence, business organization, and financial resources are adequate to successfully perform the required Project services. The County reserves the right to reject any or all Submittals, or any parts thereof. The County reserves the right to revise, amend, cancel or withdraw this Solicitation at any time with or without substitution of another Solicitation. The County will not compensate Contractors for any cost or expense incurred in preparing responses to this Solicitation. The County reserves the right to issue additional or subsequent solicitations for the same or similar projects. 22 J 1 -7Z LZ. Van Fleet Water Production Facility Improvements BVP 13-196 The County reserves the right to request clarification of the data and other information provided to the County pursuant to this Solicitation including, but not limited, to the experience and qualifications of any entity under consideration. The County reserves the right to proceed to the Pre-Award Phase of the Solicitation if all Contractors have submitted Cost Proposals that exceed the County's construction budget for the Project. The County's election to proceed to the Pre-Award Phase in that circumstance does not alter any other right of the County including, but not limited, to the County's rights (i) to revise any aspect of the Project (to include its scope), (ii) to amend, cancel or withdraw this Solicitation, or(iii)to cancel the Project. The County reserves the right to require a Contractor to submit additional evidence or documentation to support the claims or information provided in the Contractor's Submittal. The County reserves the right to enter into a final agreement containing terms that vary from the terms stated in the Solicitation documents. 23 17.2 . 23 Van Fleet Water Production Facility Improvements BVP 13-196 ATTACHMENTS AND EXHIBITS ATTACHMENT A BVP COVER PAGE&CHECKLIST ATTACHMENT B PROPOSAL FORM ATTACHMENT C PROJECT APPROACH PLAN ATTACHMENT D RISK ASSESSMENT AND VALUE ADDED PLAN EXHIBIT 1 NON COLLUSION AFFIDAVIT OF PRIME CONTRACTOR EXHIBIT 2 PAST PERFORMANCE INFORMATION GUIDE EXHIBIT 3 CONSTRUCTION BOND INFORMATION EXHIBIT 4 EQUAL EMPLOYMENT OPPORTUNITY EXHIBIT 5 DRUG FREE WORKPLACE FORM EXHIBIT 6 SAFETY REQUIREMENTS EXHIBIT 7 AFFIDAVIT CERTIFICATION IMMIGRATION LAWS EXHIBIT 8 NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR EXHIBIT 9 GENERAL CONTRACTOR APPLICATION AND CERTIFICATE FOR PAYMENT EXHIBIT 10 CONTRACT EXHIBIT 11 ALLOWANCE AUTHORIZATION RELEASE(AAR) EXHIBIT 12 CHANGE ORDER EXHIBIT 13 CERTIFICATE OF SUBSTANTIAL COMPLETION EXHIBIT 14 CERTIFICATE OF FINAL COMPLETION EXHIBIT 15 CERTIFICATE OF COMPLIANCE EXHIBIT 16 GENERAL CONDITIONS OF CONTRACT EXHIBIT 17 SUPPLEMENTARY CONDITIONS OF CONTRACT EXHIBIT 18 SPECIAL CONDITIONS(SALES TAX SAVINGS) EXHIBIT 19 SCRUTINIZED COMPANIES CERTIFICATION EXHIBIT 20 PROJECT SIGN 24 l`! Van Fleet Water Production Facility Improvements BVP 13-196 0 -8 -+ 3 ATTACHMENT A BVP COVER PAGE & CHECKLIST The Contractor must complete and submit this Attachment. This Attachment shall be the cover page for the Contractors Submittal. Contractors should not modify the format of any of the required attachments. All Attachments can be downloaded in NIS Word format online on the County's FTP Site at: ftp://ftp3.polk-count,,. The User id is "procurevendor", password is "solicitation". If the Submittal has modified Attachments or exceeds the maximum number of pages, the Contractor may be disqualified and deemed non-responsive. Please staple all Attachments together(do not bind in any other way). Project Number: 13-196 Project Name: VAN FLEET WATER PRODUCTION FACILITY IMPROVEMENTS Contractor's Name: Address: City: State: Zip Code: Contractors License Number: Business Tax Receipt/Occupational License Number: By signing below, the Contractor acknowledges that they have carefully examined all BVP Solicitation documents and understands all instructions, requirements, specifications, terms and conditions; and that all statements, information, costs, and schedules submitted in response to the BVP are current, complete, true and accurate. Signature of Authorized Contact: Contact Name: Phone: Fax: Email: 25 11"a'2-S Van Fleet Water Production Facility Improvements BVP 13-196 The following documents are required for this Submittal (please mark off each document to acknowledge the document is being submitted in the proper format): ❑ Attachment A Complete and staple as cover page in the Submittal(page 25) ❑ Attachment B Fill in all required information on Proposal Form(pages 27 thru 30) ❑ Attachment C Complete and submit Project Approach Plan&Project Schedule(proper format) (Page 31) ❑ Attachment D Complete and submit RA Plan and VA Plan(proper format)(pages 32 and 33) ❑ Exhibit 1 Non-Collusion Affidavit of Prime Contractor(page 34) ❑ Exhibit 2 Reference List&Past Performance Information Score(page 35) Complete and submit surveys questionnaires for each Critical Team Member(page ❑ Exhibit 2 36) ❑ Exhibit 3A Submittal Bond(pages 37 and 38) ❑ Exhibit 4 Equal Employment Opportunity(pages 42 and 43) ❑ Exhibit 5 Drug Free Workplace Form(page 44) ❑ Exhibit 6 Safety Requirements/Regulations(page 45) BEST VALUE SUBMITTAL CHECKLIST AND FORMAT The Contractor must complete and submit this checklist along with the BV Submittal. This BV Submittal Checklist is not counted in the 8 page BV Submittal limit. Failing to answer, or answering "No"to any of the questions below may result in disqualification. 1. Is the BV Submittal 8 pages or less? ❑ Yes ❑ No 2. Does the BV Submittal contain no names, past projects, or information that may be used to identify who the firm is? ❑ Yes [:] No 3. Do you understand that the contents of the BV Submittal will become ❑ Yes ❑ No part of the Contract? 4. Do you understand that your Submittal may be disqualified if you fail ❑ Yes ❑ No to meet any of the above requirements? 26 Van Fleet Water Production Facility Improvements BVP 13-196 ATTACHMENT B PROPOSAL FORM Overview Each Critical Team Member is required to have PPI(as outlined in the Solicitation and Exhibit 2.)Please complete this form and submit it with your submittal. CRITICAL TEAM MEMBERS Name of General Contractor: Name of Project Manager: Name of Site Superintendent: Name of Electrical Contractor Name of Instrumentation & Controls Contractor: PROJECT COST Total Cost: S (This total represents the sum of the unit prices on page 28) PROJECT DURATION Project Duration(Substantial): (Calendar Days) Note: The Project Duration (Substantial) should include the total time from the Notice To Proceed date, to Substantial Completion as stated in Article 16.5.2.This includes time to obtain permits and long lead items. Project Duration (Contract Time): (Calendar Days) Note: The Project Duration (Contract) should include the total time from the Notice To Proceed date to Final Completion as defined within the Supplementary Conditions, Item 12, Contract Time. Final Completion will have been achieved when all work has been completed as stated in Article 16.8.1.This must include time to obtain permits,warranties,complete punch list items,commissioning,and final payment,etc. ADDENDUM ACKNOWLEDGEMENT Contractor acknowledges receipt of the following addenda, and has incorporated the requirements of such addenda into the submittal(List all addenda issued for this Project): No. Date No. Date No. Date No. Date No. Date No. Date A Polk County Purchasing Card will be accepted as a method of payment. [ ] Yes [ ]No Note: If Contractor checks"yes"above, Contractor agrees that the County will use a County issued Visa Card for the payment of any and all applications for payment submitted as a result of the performance of this BVP. 27 l��- z� Van Fleet Water Production Facility Improvements BVP 13-196 ATTACHMENT B PROPOSAL FORM Item No. Item U0M Approx Total Amount 1 Mobilization and Demoblization (Not to exceed 5% of LS 1 $ Base Bid) I 2 Van Fleet WPF Improvements LS 1 $ 3 Contingency for Power Company Electrical LS 1 $ 150,000.00 Improvements and Relocations TOTAL OF PROJECT BASE BID $ Add Item UoM Approx Total Amount Alternates No. 1 Provide and Install a 100FT Radio Tower and LS 1 $ Associated SCADA Appurtenances 28 17 -21 Van Fleet Water Production Facility Improvements BVP 13-196 ACKNOWLEDGEMENT OF CONTRACTOR, IF A CORPORATION STATE OF COUNTY OF The foregoing instruments was acknowledged before me this By (Date) (Name of officer or agent,title of officer or agent) on behalf of the corporation, pursuant to the powers conferred upon said officer or agent by the corporation. He/she personally appeared before me at the time of notarization, and is personally known to me or has produced as identification and did certify to have knowledge of the matters stated (Type of Identification) in the foregoing instrument and certified the same to be true in all respects. Subscribed and sworn to (or affirmed) before me this (Date) Commission Number (Official Notary Signature and Notary Seal) Commission Expiration Date (Name of Notary typed,printed or stamped) ACKNOWLEDGEMENT OF CONTRACTOR, IF A PARTNERSHIP STATE OF COUNTY OF The foregoing instrument was acknowledged before me this By (Date) (Name of acknowledging partner or agent) on behalf of a partnership. He/She personally appeared before me at the time of notarization, and is personally known to me or has produced as identification and did certify to have knowledge of the matters (Type of Identification) in the foregoing instrument and certified the same to be true in all respects. Subscribed and sworn to (or affirmed) before me this (Date) Commission Number (Official Notary Signature and Notary Seal) Commission Expiration Date (Name of Notary typed,printed or stamped) ACKNOWLEDGEMENT OF CONTRACTOR, IF AN INDIVIDUAL STATE OF COUNTY OF The foregoing instrument was acknowledged before me this By who personally appeared before (Date) (Name of acknowledging) me at the time of notarization, and is personally known to me or has produced as identification and did certify to have knowledge of the matters (Type of Identification) in the foregoing instrument and certified the same to be true in all respects. Subscribed and sworn to (or affirmed) before me this (Date) Commission Number (Official Notary Signature and Notary Seal) Commission Expiration Date (Name of Notary typed, printed or stamped) 29 «z- z9 Van Fleet Water Production Facility Improvements BVP 13-196 TRENCH SAFETY ACT COMPLIANCE TRENCH EXCAVATION SAFETY SYSTEM AND SHORING, SPECIAL(TRENCH EXCAVATION) Trench Excavation Safety System and Shoring_Special Trench Excavation) General: 1. The Contractor shall comply with the Florida Trench Safety Act (90-96), Laws of FL.) effective October 1, 1990. 2. The Contractor(s) performing trench safety excavation on this Contract shall comply with the Occupational Safety and Health Administration's (OSHA)trench excavation safety standards,29 CFR's 1926.650, Subpart P, including all subsequent revisions or updates to these standards as adopted by the Department of Labor and Employment Security(DLES). 3. By submission of his submittal and subsequent execution of this Contract, the Contractor certifies that all trench excavation done within his control shall be accomplished in strict adherence with OSHA trench safety standards contacted 29 CFR's 1926.650, Subpart P, including all subsequent revisions or updates to these standards as adopted by the Department of Labor and Employment Security. 4. The Contractor also agrees that he has obtained or will obtain identical certification from his proposed Subcontractors that will perform trench excavation prior to award of the subcontracts and that he will retain such certifications in his files for a period of not less than three years following final acceptance. 5. The Contractor shall consider all available geotechnical information in his design of the trench excavation safety system. 6. Inspections may be conducted by the County and the County's Safety Officer. Serious deficiencies will be corrected on the spot or the job may be closed. Imminent danger citing will result in the immediate cessation of work. Work will resume when the danger is corrected. 7. Contractor acknowledges that included in the various items of the submittal and in the Total Price are costs for complying with the Florida Trench Safety Act(90-96), Laws of FL) effective October 1, 1990. The Contractor further identifies the costs to be summarized as follows: Trench Safety Units of Measure Measure Unit Unit Extended (Description) (LF, SY) (QTY) Cost Cost A. $ $ B. $ $ C. $ $ D. $ $ Total $ Failure to complete the above may result in the submittal being declared non-responsive. 30 1�2 3 0 Van Fleet Water Production Facility Improvements BVP 13-196 ATTACHMENT C PROJECT APPROACH PLAN(SAMPLE ONLY) This template should be used. The Project Approach (PA) Plan should identify the Contractor's approach to meet the Project's requirements with a plan that meets time and cost goals. The Project Approach milestones should be prioritized (list the most important milestones first). The Contractor may add or delete Project Approach Claim table templates, but do not exceed the 2-nage limit for this section. Do not include any identifying information in your PA Plan. Information listed under the "Documented Performance" line may describe where the Contractor has used the approach or solution previously, and what the results were in terms of verifiable metrics. Example: This section should provide a step-by-.step guideline oj'how the Contractor plans their approach to construct the project, listing all major milestones individually. This should align with the Project Project Approach Milestone : Schedule. We have completed 45 similar projects in the past 5 years, with 0.5% cost deviation, and 2%schedule deviation. The average client Documented Performance: satisfaction rating on these projects was 9.8 out of 10 Project Approach #1 Milestone : Documented Performance: Project Approach #2 N Milestone : Documented Performance: Project Approach #3 Milestone : Documented Performance: Project Approach #4 Milestone : Documented Performance: Project Approach #5 Milestone : Documented Performance: Project Approach #6 Milestone : Documented Performance: Project Approach#7 Milestone : Documented Performance: 31 I � Z• 31 Van Fleet Water Production Facility Improvements BVP 13-196 ATTACHMENT D RISK ASSESSMENT PLAN (SAMPLE ONLY) This template should be used. The Risk Assessment (RA) Plan should address the risks that the Contractor does not control. The risks should be prioritized(list the greatest risks first). The Contractor may add or delete Risk table templates, but do not exceed the 2-pane limit for this section. Do not include any identifying information in the RA Plan. Information listed under the "Documented Performance" line may describe where the Contractor has used the approach or solution previously, and what the results were in terms of verifiable metrics. Example: Risk that is not identified by County professional, competing contractors, or expert Contractor will be identgied and solved within 3 days nraxinnon (unless Risk Description: more time is justified and requested Risk Impact/Why is Unforeseen circumstances I risks rncny cause a deviation to our planned this a risk: baseline expectation. Once we are notified of a change, we will take the following action: I. Contractor shall immediately notify the designer and County the same day as discovery of'potential cost and time impact Z Contractor shallf fnd best possible options to minimize risk, with accompanying cost and time Contractor shall propose the best solution with justification and present to Solution: County representative We use this approach as part of'every project we complete. We have had to use the approach 15 times over the past 3 years. Our solution resulted in less Documented than I%change orders, and 100%of the CLIENTS on these 15 projects rated Performance: our performance 10 out of'10 Risk#1 Description: Risk Impact/Why is this a risk: Solution: Documented Performance: Risk#2 Description: Risk Impact/Why is this a risk: Solution: Documented Performance: 4 1 32 i I 1 7 Z 3ti Van Fleet Water Production Facility Improvements BVP 13-196 VALUE ADDED PLAN (SAMPLE ONLY) This template should be used. The Value Added (VA)Plan should identify any value added options or ideas that may benefit the County. The value added claims should be prioritized (identify the most important claims first). The Contractor may add or delete Value Added Claim table templates, but do not exceed the 2-pate limit for this section. Do not include any identifying information in the VA Plan. Information listed under the "Documented Performance" line may describe where the Contractor has used the approach or solution previously, and what the results were in terms of verifiable metrics. Only use percentages of base costs for each claim. Do not include any dollar amounts. Contractor should note whether the claim is an additive or deductive change. Example: Reroofing this building will not stop all water leaks. The majority of the leaks are caused by cracks in the parapet wall..s, broken/missing glass, Item Claim: and poor caulking How will this add value? This approach in 8 similar projects has worked 100%of the time in Documented Performance: stopping all leaks Cost Impact(%): 0.75% Schedule Impact —0-25% Item#1 Claim: How will this add value? Documented Performance: Cost Impact(%): Schedule Impact(%): Item#2 Claim: How will this add value? Documented Performance: Cost Impact(%): Schedule Impact (%): Item#3 Claim: How will this add value? Documented Performance: Cost Impact(%): Schedule Impact(%): Item#4 Claim: How will this add value? Documented Performance: Cost Impact(%): Schedule Impact(%): Item#5 Claim: How will this add value? Documented Performance: Cost Impact(%): Schedule Impact(%): 33 ? 2. 3 3 Van Fleet Water Production Facility Improvements BVP 13-196 EXHIBIT I NON-COLLUSION AFFIDAVIT OF PRIME CONTRACTOR State of ) SS County of ) being first duly sworn, deposes and says that: 1. They are of the Contractor that has submitted the attached Submittal; 2. They are fully informed respecting the preparation and contents of the attached Submittal and of all pertinent circumstance respecting such Submittal; 3. Such Submittal is genuine and is not a collusive or sham submittal; 4. Neither the said Contractor nor any of their officers,partners,owners,agents,representatives,employees or parties in interest, including this affiant,has in any way colluded, conspired,connived or agreed,directly or indirectly with any other Contractor, firm or person to submit a collusive or sham Submittal in connection with such Contract or has in any manner, directly or indirectly, sought by agreement or collusion of communication or conference with any other Contractor, firm or person to fix the price or prices in the attached Submittal of any other Contractor, or to fix any overhead,profit or cost element of the Price or the Price of any other Contractor, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the County or any person interested in the proposed Contract;and 5. The price or prices quoted in the attached Submittal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Contractor or any of its agents, representatives,owners, employees or parties in interest, including this affiant. Signed Title Subscribed and sworn to before me this day of ,20 (Title) My Commission expires 34 Van Fleet Water Production Facility Improvements BVP 13-196 EXHIBIT 2 REFERENCE LIST AND PAST PERFORMANCE INFORMATION SCORE REFERENCE LIST Name of Critical Firm/Team Member: NO CLIENT POINT OF PHONE DATE AWARDED NAME CONTACT NUMBER INSTALLED COST 1 2 3 4 5 6 7 8 9 10 PAST PERFORMANCE INFORMATION SCORE Name of Critical Firm/Team Member: N it o Criteria V V) Average 1 Ability to manage the Project cost 2 Ability to maintain Project schedule 3 Quality of workmanship 4 Ability to manage/professional ism 5 Close out process Ability to communicate/document 6 risks Ability to follow rules and 7 requirements 8 Overall customer satisfaction Overall Average Score Total Number of Surveys Returned 35 l� Z' 3S Van Fleet Water Production Facility Improvements BVP 13-196 SURVEY QUESTIONNAIRE Survey ID To: (Name of person completing survey) Phone: Fax: Subject: Past Performance Survey of: (Name of Contractor) (Critical Team FirmlTeam Member)) The County is implementing a process that collects past performance information on contractors and their key personnel. The firm/individual listed above has listed you as a client for which they have previously performed work on. The County appreciates your time in completing this survey. Rate each of the criteria on a scale of 1 to 10,with 10 representing that you were very satisfied and 1 representing that you were very unsatisfied. Please use whole numbers for the rating scale. Fractions will be round to the next whole number. Please rate each of the criteria to the best of your knowledge(you may leave a question blank if you don't have adequate knowledge). Client Name: Project No CRITERIA UNIT RATING 1 Ability to manage the Project cost (1-10) 2 Ability to maintain Project schedule (1-10) 3 Quality of workmanship (1-10) Ability to manage and overall professionalism (1-10) 4 (includes responses and prompt payment to suppliers and subcontractors) 5 Close out process(no punch list upon turnover, warranties, as-builts, operating manuals, etc.) 6 Ability to communicate and document risks on the Project 7 Ability to follow the users rules,regulations, and requirements (1-10) 8 Overall customer satisfaction (1-10) 9 Is the Project completed (Y/N) Y/N (has the firm/individual completed all work required under contract) Printed Name(of Evaluator) Signature(of Evaluator) Thank you for your time and effort in assisting the County in this important endeavor. Please fax the completed survey to: [<<Contractor's fax#»] 36 17 Z- 3.6 Van Fleet Water Production Facility Improvements BVP 13-196 EXHIBIT 3A SUBMITTAL BOND KNOW ALL MEN BY THESE PRESENTS,that we (hereinafter called the Principal)and (hereinafter called the Surety), a Corporation chartered and existing under the Laws of the State of ,and authorized to do business in the State of Florida, are held and firmly bound unto Polk County, a political subdivision of Florida, in the full and just sum of dollars($ ) good and lawful money of the United States of America, to be paid upon demand of the County, to which payment will and truly be made, we bind ourselves, our heirs, executors, administrators, successors, and assigned jointly and severally and firmly by these presents. WHEREAS, the Principal is about to submit, or has submitted to the County, a Submittal for the purpose of BVP 13-196 Van Fleet Water Production Facility Improvements. NOW THEREFORE, the conditions of this obligation are such if the Submittal is accepted, the Principal shall, within ten (10) days after the date of receipt of written Notice of Award of Contract execute a Contract in accordance with the Submittal and upon the terms, conditions and price set forth therein, in the form and manner contained in the Contract Documents and executes a sufficient and satisfactory Contract Documents and executes a Public Construction Bond payable to County, in the amount of 100 percent (100%) of the total Contract Price, in form and with surety satisfactory to said County, then this obligation to be void, otherwise to be and remaining full force and virtue in law, and the surety shall, upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to the aforesaid County, upon demand, the amount of this Bond, in good and lawful money of the United States of America, not as a penalty, but as liquidated damages. In the event the numerical expression is omitted or expressed as less than five percent (5%) of the total price, this figure shall be assumed to be erroneously stated and this Submittal bond shall be binding upon the Principal and Surety in the amount of five percent(5%)of the total price. IN TESTIMONY THEREOF, the Principal and Surety have caused these presents to be duly signed and sealed this day of 2p 37 172- 31 Van Fleet Water Production Facility Improvements BVP 13-196 ATTEST: PRINCIPAL: BY: (SEAL) Witness Authorized Signature(Principal) Witness Printed Name Title of Person Signing Above ATTEST: SURETY: I Printed Name BY: (SEAL) Witness Attorney in Fact Witness Printed Name Business Address NOTES: 1. Write in the dollar amount of the bond which must be at least five percent (5%) of the total of the Base Price included in the Submittal. 2. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 3. Attorneys-in-fact who sign Submittal Bonds or Contract Bonds must file with each bond a certified and effectively dated copy of their power of attorney. 38 X72 - 38 Van Fleet Water Production Facility Improvements BVP 13-196 EXHIBIT 3B CONSTRUCTION BOND INFORMATION BOND NO.: CONTRACTOR NAME: CONTRACTOR ADDRESS: CONTRACTOR PHONE NO: SURETY COMPANY: OWNER NAME: OWNER ADDRESS: OWNER PHONE NO: OBLIGEE NAME: (if contracting entity is different from the owner,the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO: BOND AMOUNT: CONTRACT NUMBER: GENERAL DESCRIPTION OF PROJECT: PROJECT LOCATION: 39 I1�- ' 39 CONSTRUCTION BOND KNOW ALL MEN BY THESE PRESENTS: That , as Principal,and , as Surety,located at (Business Address) are held and firmly bound unto Polk County,a political subdivision of the State of Florida,as Obligee in the sum of Dollars,($ in lawful currency of the United States, for the payment whereof we bind ourselves, successors, and assigns, jointly and severally,firmly by these presents. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract dated , 20_(date of solicitation award) between Principal and County for construction of BVP 13-196 Van Fleet Water Production Facility Improvements,the Contract being made a part of this bond by reference,at the times and in the manner prescribed in the Contract;and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1) Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided in the Contract;and 3. Pays County all losses, damages, expenses, costs, liquidated damages, and attorney fees, including appellate proceedings,that County sustains because of a default by Principal under the Contract;and 4. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void,otherwise it remains in full force. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. Any changes in or under the Contract Documents and compliance or non- compliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this bond. Reference is hereby made to Section 255.05 Florida Statutes,and to the notice and time limitation provisions thereof: IN WITNESS WHEREOF,this instrument is executed this day of ,20 ATTEST: PRINCIPAL: BY:Authorized Witness Authorized Signature(Principal) Witness Printed Name Title of Person Signing Above ATTEST: SURETY: Printed Name BY: (SEAL) Witness Attorney in Fact Witness Printed Name Business Address 40 } -7Z ' Ll 0 Van Fleet Water Production Facility Improvements EXHIBIT 3C BVP 13-196 Payment of Stored Materials As regards payment for stored materials on Contract# (Principal) in Applications for Payment to Polk County, a political subdivisithe on nby of the Florida(County) without evidence that those stored materials have been paid for by Principal, Suate rety of, hereby pledges: AS TO THE PERFORMANCE BOND: Surety acknowledges that materials will be stored on site or at a site agreeable to the County for use or incorporation in the Project referenced herein. Surety agrees to remain obligated under the Performance Bond for the failure or default by Principal for any reason to timely use or incorporate the materials in the Project. This certification applies to both the materials and associated labor with respect to Principal's obligation to timely complete the Project according to the contract specifications. AS TO THE LABOR AND MATERIALS PAYMENT BOND: Surety acknowledges that materials will be stored on site or at a site agreeable to the County for use or incorporation in the Project referenced herein. Surety agrees to remain obligated under the Labor and Materials Payment Bond to ensure that all materialmen, laborers, suppliers, and subcontractors having claims or disputes pertaining to the procurement and properly authorized storage of these materials are promptly paid by Principal. Entered into this day of 20—� by (Name of Surety) Authorized signature of Surety 41 Van Fleet Water Production Facility Improvements BVP 13-196 EXHIBIT 4 EQUAL EMPLOYMENT OPPORTUNITY Polk County is an Equal Opportunity/Affirmative Action Employer. Pursuant to Executive Order 11246 as amended, you are advised that under the provisions of government contracting, contractors and subcontractors are obliged to take affirmative action to provide equal employment opportunity without regard to race,creed,color,national origin,age or sex. We are committed to equal opportunity employment effort and expect firms that do business with the County to have a vigorous affirmative action program. CERTIFICATION BY PROPOSED PRIME OR SUBCONTRACTOR REGARDING EQUAL EMPLOYMENT OPPORTUNITY This certification is authorized pursuant to Executive Order 11246, Part II, Section 203(b), (30 F.R. 12319-15). Any Contractor or prospective contractor, or any of the proposed subcontractors, shall state as an initial part of the BVP or negotiations of the Contract whether it has participated in any previous Contract or subcontract to the equal opportunity clause;and, if so,whether it has filed all compliance reports due under applicable instructions. Where the certification indicated that the prime or subcontractor has not filed a compliance report due under applicable instruction,such Contractor shall be required to submit a compliance report. Contractor's Name: Address: 1. Contractor has participated in a previous contract or subcontract,subject to the Equal Opportunity Clause: YES NO 2. Compliance Reports were required to be filed in connection with such Contract or subcontract: YES NO 3. Contractor has filed all compliance reports due under applicable instructions: YES NO 4. If answer to Item 3 is No,please explain in detail on reverse side of this certification. 42 17 Z- LLL Van Fleet Water Production Facility Improvements BVP 13-196 The Contractor certifies that they do not maintain or provide for their employees any segregated facilities at any of their establishments, and that they do not permit their employees to perform their services at any location under their control where segregated facilities are maintained. The Contractor certifies further that they will not maintain or provide for their employees any segregated facilities at any of their establishments, and that they will not permit their employees to perform their services at any location under their control where segregated facilities are maintained. The Contractor agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this BVP. As used in this certification, the term (segregated facilities" means any waiting rooms, work areas, restrooms, washrooms, restaurants, other eating areas, time clocks, locker rooms, storage areas, dressing areas, parking lots, drinking fountains, recreation/entertainment areas, transportation and housing facilities provided for employees which are segregate by explicit directive or are, in fact, segregated on the basis of race, color, religion or national origin, because of habit, local custom or otherwise. The Contractor agrees that (except where they have obtained identical certification from proposed subcontractors for specific time periods) they will obtain identical certification from proposed Subcontractors prior to the award of subcontracts exceeding$10,000 which are not exempt from the provision of the Equal Opportunity clause; and that they will retain such certifications in their files. Certification — The information above is true and complete to the best of my knowledge and belief. (A willfully false statement is punishable by law—U.S. Code,Title 18, Section 1001.) Printed Name Title Signature Date 43 Van Fleet Water Production Facility Improvements BVP 13-196 EXHIBIT 5 DRUG FREE WORKPLACE FORM The undersigned Contractor in accordance with Florida Statute 287.087 hereby certifies that does: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace,the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs; and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under contract a copy of the statement specified in subsection(a). 4. In the statement specified in subsection(1),notify the employees that, as a condition of working on the commodities or contractual services that are under contract, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 1892 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five(5)days after such conviction. 5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community,by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. I Contractor's Signature Date 44 1'ia- 91A Van Fleet Water Production Facility Improvements BVP 13-196 EXHIBIT 6 SAFETY REQUIREMENTS/REGULATIONS Contractor must sign and have notarized: The undersigned Contractor hereby certifies that they fully understand the safety requirements/regulation provisions as stated in General Conditions 7.11 and will comply. Dated this day of , 20 Name of Firm By Title of Person Signing SWORN TO AND SUBSCRIBED BEFORE ME This day of , 20 Notary Public: My Commission Expires: 45 Van Fleet Water Production Facility Improvements BVP 13-196 EXHIBIT 7 AFFIDAVIT CERTIFICATION IMMIGRATION LAWS SOLICITATION NO.: BVP 13-196 Van Fleet Water Production Facility Improvements POLK COUNTYWILL NOT INTENTIONALLY AWARD COUNTY CONTRACTS TO ANY CONTRACTOR WHO KNOWINGLY EMPLOYS UNAUTHORIZED ALIEN WORKERS, CONSTITUTING A VIOLATION OF THE EMPLOYMENT PROVISIONS CONTAINED IN 8 U.S.C. SECTION 1324 a(e) {SECTION 274A(e) OF THE IMMIGRATION AND NATIONALITY ACT("INA"). POLK COUNTYMAY CONSIDER THE EMPLOYMENT BY ANY CONTRACTOR OF UNAUTHORIZED ALIENS A VIOLATION OF SECTION 274A(e)OF THE INA. SUCH VIOLATION BY THE RECIPIENT OF THE EMPLOYMENT PROVISIONS CONTAINED IN SECTION 274A(e) OF THE INA SHALL BE GROUNDS FOR UNILATERAL CANCELLATION OF THE CONTRACT BY POLK COUNTY. CONTRACTOR ATTESTS THAT THEY ARE FULLY COMPLIANT WITH ALL APPLICABLE IMMIGRATION LAWS(SPECIFICALLY TO THE 1986 IMMIGRATION ACT AND SUBSEQUENT AMENDMENTS). Company Name: Signature Title Date STATE OF: COUNTY OF: The foregoing instrument was signed and acknowledged before me this day of 20 , by who has produced (Print or Type Name) as identification. (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number/Expiration 46 Van Fleet Water Production Facility Improvements BVP 13-196 EXHIBIT 8 NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR The Contractor shall not execute any agreement with any subcontractor or permit any subcontractor to perform any work included in this Contract until he has submitted a non-collusion affidavit from the subcontractor in substantially the form shown below and has received written approval of subcontractor from the County. State of ) SS County of being first duly sworn,deposes and says that: 1. They are of ,hereafter referred to as the Subcontractor; 2. They are fully informed respecting the preparation and contents of subcontractor's BVP Submittal submitted by the subcontractor to the Contractor for certain work in connection with BVP 13-196 Van Fleet Water Production Facility Improvements. 3. Such subcontractor's BVP Submittal is genuine and is not a collusive or sham submittal; 4. Neither the subcontractor nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant,has in any way colluded,conspired, connived or agreed,directly or indirectly with any other Contractor, firm or person to submit a collusive or sham BVP Submittal in connection with such Contract or to refrain from submitting a BVP Submittal in connection with such Contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other Contractor, firm or person to fix the price or prices in said subcontractor's BVP Submittal or secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the County or any person interested in the proposed Contract;and 5. The price or prices quoted in the subcontractor's BVP Submittal are fair and proper and not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Contractor or any of their agents, representatives, owners,employees or parties in interest, including this affiant. Signed Title Subscribed and sworn to before me this day of 20 (Title) My Commission expires 47 .A, JEL- Van Fleet Water Production Facility Improvements BVP 13-196 EXHIBIT 9 GENERAL CONTRACTOR APPLICATION AND CERTIFICATE FOR PAYMENT TO: POLK COUNTY BOARD OF COUNTY COMMISSIONERS Application Date: Page of pages Application No.: Contract No.: CONTRACTOR: PO No ADDRESS: PROJECT: Period From: To: CHANGE ORDER SUMMARY Application is made for Payment,as shown below,in connection with the Contract. Change Orders approved this month Continuation Sheet is attached. Number Date Approved ADDITION DEDUCTION 1. ORIGINAL CONTRACT SUM 2. Net change by Change Orders $ TOTAL $ $ 3. CONTRACT SUM TO DATE(Line 1+/-2) $ Approved in 2revious months 4. TOTAL COMPLETED&STORED TO DATE(Col.G) Number Date Approved 5. RETAINAGE a. 10 %of Completed work (Column D+E) b. 10 %of Stored Material TOTALS $ $ (Column F) Net change by Change Orders $ Total Retainage(Line 5a+5b) $ 6. TOTAL EARNED LESS RETAINAGE $ The undersigned Contractor certifies that to the best of the Contractor's knowledge, (Line 4 less Line 5 Total) information and belief the Work covered by this Application for Payment has been completed 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT in accordance with the Contract Documents,that all amounts have been paid by the (Line 6 from previous application) Contractor for Work for which previous Certificates for Payment were issued and payments 8. CURRENT PAYMENT DUE $ received from the County,and that current payment shown herein is now due. 9. BALANCE TO FINISH,WITH RETAINAGE $ (Line 3 less Line 6) CONTRACTOR: County State of. of day B,. Date Subscribed and swom to before me this _ of Payment of the above AMOUNT DUE THIS APPLICATION is recommended. Notary Public: My Commission expires: Professional Payment of the above AMOUNT DUE THIS APPLICATION is recommended. COUNTY: By: _ 48 coS Van Fleet Water Production Facility Improvements BVP 13-196 SAMPLE SCHEDULE OF VALUES A B C C1 C2 I D E F G H I J K WORK COMPLETED Item No. Include Completed This Materials Total Stored Balance Tota MBE Scheduled Previously this period period Presently and Completed % to Finish Retainage Extension Description Value QuantityUnit Price Completed Quanitit costs Stored to Date —Complete to Date 101-1 Mobilization $8,000.00 1LS $8,000.00 102-1 MOT $3,500.00 1 LS $3,500.00 MOT- 102-1- Subcontractor 002 name $2,500.00 1 LS $2,250.00 103-1 CDC 12" $1,200.00 24EA $50.00 Allowance $32,225.20 1 LS TOTALS INSTRUCTIONS 1. Minority Subcontractor(s)must be inserted in your schedule of values.(Names optional) 2. Appropriate codes(found in Section 15.1.2 General Conditions)must be used after the spec number. If there is no spec number,then codes shall be placed after the line number. 3. When you are using a subcontractor,the total dollar value listed on the Exhibit V(Subcontractor List)must equal the dollar value of work listed on the schedule of values. 4. The total for any spec number must equal the same number as on the line item bid sheet(I.e.MOT General Contractor's portion is$3,500.00 and the Subcontractor's portion is$2,250.00 the total on the bid sheet for MOT is$5,750.00) 5. Please make sure that you add in the allowance portion of your contract as a line item. 6. Please total all columns. This total should equal your contract value. 49 V l Van Fleet Water Production Facility Improvements BVP 13-196 EXHIBIT 10 CONTRACT This Contract, made this day of _, 20_ (submittal award date), between Polk County, a political subdivision of the State of Florida, hereinafter known as the"County", and their successors,executors,administrators and assigns,hereinafter referred to as the"Contractor". WITNESSETH: Whereas the Contractor agrees with the County,for the consideration herein mentioned, and at their own proper cost and expense, to perform all the Work and furnish all the material, equipment, supplies and labor necessary to carry out this agreement in the manner and to the fullest extent as set forth in the attached BVP documents, being hereby made as such a binding part of this Contract as if written word for word herein, and whereas the Contractor has furnished satisfactory Bond and has complied with insurance requirements of the Specifications in BVP 13-196 Van Fleet Water Production Facility Improvements. NOW THEREFORE,the County and the Contractor do hereby agree as follows: Article 1. Scope of Work: The Contractor shall perform in accordance with the attached BVP Documents, all the items of Work at the unit prices or lump sum price as listed in the Contractor's BVP Submittal. Article 2.Contract Price: The Contract price includes the total price of$ plus the Allowance Work amount of$ the total sum being$ The price is considered as"lump sum"and the Allowance amount is considered as"not to exceed." This total contract price shall be reduced by the unused amount of the allowance, if such Work is not completed. Article 3. Plans and Specifications: The plans and specifications, and other BVP Documents upon which the unit or lump sum prices in the Contractor's Submittal are based, are hereby made a part of this Contract by reference thereto;and are hereby attached hereto. Article 4 Time of Beginning and Completion: The Contractor agrees to begin Work within 10 calendar days after receipt of Notice to Proceed. The Contractor will complete all Work in its entirety within the calendar days. The allowance time for this Project is days. Completion of work is contingent on substantial completion of the project; completion of the contract is contingent on final completion of the project. Completion of the contract will have been achieved once final completion has been reached and all final documentation, including final application for payment, received and processed by PCU. No more than 60 calendar days will be allowed for completion of close out documentation. Article 5. Payment for Quantities: Payment for those items requiring payment on a unit price basis will be made for the actual unit quantities,as provided for in the Technical Specifications. Article 6. Partial Payments: Payment will be made to the Contractor for the Contract Work actually performed by the Contractor (during the previous calendar month) and approved by the County subject, however, to retention by the County of an amount equal to ten percent (10%) of the payment due until such time retainage is reduced in accordance with F. S.218.735. Article 7. Final Acceptance and Payment: Upon completion of the Work or as soon thereafter as practicable, the County and Professional shall make a final inspection and, if appropriate, acceptance of the Work, after which Contractor shall prepare a final estimate of all Work completed under this Contract.Payment therefore of the balance due shall be made in accordance with the Contract provisions. Payment on the final estimate shall include the full amount for the Work completed, based on the unit prices or lump sum of this Contract, subject, however, to the deduction of any payments already made under this Contract to the Contractor. 50 119-50 Van Fleet Water Production Facility Improvements BVP 13-196 Article 8. Contract Documents: The Contactor and Polk County Procurement shall each obtain a photocopy of this Contract once it is executed. This original Contract shall be retained by the Clerk to the Board of County Commissioners,Polk County once it is executed. IN WITNESS THEREOF,the parties hereto have executed this Contract. ATTEST: STACY M. BUTTERFIELD, CLERK COUNTY: POLK COUNTY, FLORIDA, a political subdivision of the State of Florida BY: BY: DEPUTY CLERK CHAIRMAN, BOARD OF COUNTY COMMISSIONERS DATE SIGNED BY CHAIRMAN Reviewed as to form and legal sufficiency County Attorney's Office Date ATTEST: CONTRACTOR: BY: Corporate Secretary Authorized Corporate Officer or Individual SEAL (Printed or Typed Name of Signer) (Printed or Typed Title of Signer) (Business Address of Contractor) (Telephone Number) 51 1I ) 51 Van Fleet Water Production Facility Improvements BVP 13-196 EXHIBIT II ALLOWANCE AUTHORIZATION RELEASE (AAR) PROJECT: AAR NUMBER: CONTRACT NO: POLK COUNTY CONTRACTOR: BOARD OF COUNTY COMMISSIONERS BARTOW,FLORIDA 33830 ARCHITECT/ENGINEER: DESCRIPTION OF ALLOWANCE WORK: Reason for change: *Not valid until signed by the County,Architect/Engineer and Contractor. Amount of Allowance Authorization included in this Contract is ..................................................................$ Amount of Allowance Authorization used to date...........................................................................................$ Amount of Allowance Authorization used this AAR.......................................................................................$ Balanceof remaining AAR..............................................................................................................................$ Original Contract Time...................................................................................................... days Amount of the Allowance Authorization time included in this Contract is....................... days Amount of Allowance Authorization time used to date..................................................... days Amount of Allowance Authorization time used this AAR................................................. days Balance of remaining Allowance Authorization Time is................................................... days Date of substantial completion therefore is....................................................................... days (THE TOTAL ORIGINAL CONTRACT AMOUNT AND THE TIME REMAINS UNCHANGED) CONTRACTOR: COUNTY:_ Department Director Date: Date: ARCHITECT/ENGINEER: Date: AAR over$40,000.00 BOARD OF COUNTY COMMISSIONERS: CHAIRMAN Date: 52 1 -72 - 52 Van Fleet Water Production Facility Improvements BVP 13-196 EXHIBIT 12 CHANGE ORDER PROJECT: CHANGE ORDER NUMBER: BVP NO.: CONTRACT NO.: CONTRACTOR: POLK COUNTY BOARD OF COUNTY COMMISSIONERS BARTOW,FLORIDA 33830 ARCHITECT/ENGINEER: DESCRIPTION OF CHANGE ORDER: Contract is changed as follows: ARCHITECT/ENGINEER: Date: Signature Not valid until signed by the County and Contractor. Original Contract Sum $ Net change by previously authorized Change Orders -0- Contract Sum prior to this Change Order $ Contract Sum will be increased/decreasediby this Change Order in the amount of $ New Contract Sum including this Change Order will be $ Contract Time will be increased by days. Date of substantial Completion as of the date of this Change Order therefore is The above changes are accepted by: CONTRACTOR: Date: YOU ARE HEREBY AUTHORIZED TO MAKE THE CHANGES NOTED ABOVE: COUNTY: POLK COUNTY BOARD OF COUNTY COMMISSIONERS CHAIRMAN Date: Reviewed as to form and legal sufficiency: County Attorney's Office Date 53 �1 oL- S3 Van Fleet Water Production Facility Improvements BVP 13-196 EXHIBIT 13 CERTIFICATE OF SUBSTANTIAL COMPLETION Project: County's Project No.: Contract No: Contract Date: Notice to Proceed Date: Completion Date: The Work to which this Certificate applies has been inspected by the authorized representatives of the County, Contractor and Professional, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on . This Certificate of Substantial Completion applies to all Work or a specified portion thereof under the Contract Documents. The warranty period shall begin on the date as established herein. A list of items to be completed and corrected is attached hereto for final completion of Contract requirements. This list may not be all-inclusive; and the failure to include an item on it does not alter the responsibility of the Contractor to complete all the Work in accordance with the Contract Documents. The items on the list shall be completed or corrected by the Contractor within calendar days of the above date of substantial completion. This Certificate does not constitute an acceptance of the Work that has not been completed in accordance with the Contract Documents; nor is it a release of Contractor's obligations to complete the Work in accordance with the Contract Documents. Signatories agree the Project is substantially complete as of the date established herein and that the Project can and will function as intended and that the attached list represents deficient items requiring correction/completion prior to final completion and that this list may be amended by the Professional or County to add any other items to bring the Work in compliance with the Contract Documents. If the list is amended a reasonable time shall be given to complete the items added. Contractor: (Typed Company Name) By: (Authorized Signature) (Typed Name&Title) Date: Professional: (Typed Name&Title) By: (Authorized Signature) Date: County: (Typed Name of Division Director) By: (Authorized Signature) Date: 54 I"12 - S4 Van Fleet Water Production Facility Improvements BVP 13-196 EXHIBIT 14 CERTIFICATE OF FINAL COMPLETION Project: County's Project No.: Contract No.: Contract Date: Notice to Proceed Date: Completion Date: The Work to which this Certificate applies has been inspected by the authorized representatives of the County, Contractor and Professional;and that Work is hereby declared to be finally complete in accordance with the Contract Documents on . This Certificate of Final Completion applies to all Work under the Contract Documents. All punch list items have been completed and corrected for compliance with Contract Documents. This Certificate constitutes acceptance of Work as specified and intended in the Contract Documents. Contractor retains responsibility and obligation to the County for warranty Work arising after admission and acceptance of final completion. Signatories agree the Project is finally complete as of the date of signature such that the Project is in complete compliance with Contract Documents and authorized Change Orders. Contractor: (Typed Company Name) By: (Authorized Signature) (Typed Name&Title) Date: Professional: (Typed Name&Title) By: (Authorized Signature) Date: County: (Typed Name of Division Director) By: (Authorized Signature) Date: 55 112- 5C Van Fleet Water Production Facility Improvements BVP 13-196 EXHIBIT 15 CERTIFICATE OF COMPLIANCE In accordance with Florida Statutes, Chapter 440,the General Contractor hereby states that for Projects$250,000.00 or more,all subcontractors employed to work have workers' compensation insurance in place. BVP# 12-073 Contractor Signature Printed Name of Signer Date 56 Van Fleet Water Production Facility Improvements BVP 13-196 EXHIBIT 16 o - 5 - GENERAL CONDITIONS OF CONTRACT ARTICLE 1—CONTRACT DOCUMENTS 1.0 The Contract Documents comprise the entire contract between the County and the Contractor. ARTICLE 2—DEFINITIONS 2.0 Whenever used in any of the Contract Documents, the following meaning shall be given to the terms herein defined: 2.1 The term "Addendum" or "Addenda" means any changes, revisions or clarifications of the Contract Documents which have been duly issued by the County to prospective Contractors prior to the time of receipt of submittals. 2.2 The term "Allowance Authorization Release" means the written pre-approval forms signed by the County Manager or their designee for all allowance work. 2.3 The term "Allowance Work" means work that may not have been in the specifications and is deemed by the County to be necessary. 2.4 The term "Application for Payment" means the pay request accepted by the Professional and the County which is to be used by the Contractor in requesting progress or final payments that is accompanied by such supporting documentation as is required by the Contract Documents. 2.5 The term "Proposal Form" means the offer or submittal of the Contractor submitted on the prescribed form setting forth the price(s)for the Work to be performed. 2.6 The term "Best Value Contractor"means—the selected Contractor who is responsive, responsible, knowledgeable, experienced and is advantageous to the County. 2.7 The term "Bonds" means the Submittal and Construction Bond and other instruments of security furnished by the Contractor and its Surety in accordance with the Contract Documents. 2.8 The term "Change Order" means any change that requires the County's approval and either includes a change in the work or a change in the Contract Time. 2.9 The term "Construction Change Directive" means any change initiated by the County where a change order has not been agreed to between the County and the Contractor. 2.10 The term"Contract"means the Contract executed by the County and the Contractor. 2.11 The term "Contractor" means the person, firm or corporation entering into the Contract with the County to construct and install the improvements embraced in this Contract. 2.12 The term "Contract Documents" means and shall include the following: Special Conditions, Plans, Drawings, General Conditions, Exhibits, Supplementary Conditions, Technical Reports, Technical Specifications, Submittal, Submittal and Construction Bonds, all Addenda issued by the County, Certificates of Insurance, Permits, Notice of Award, Allowance Authorization Release Form, Change 57 ��1 •s9 Van Fleet Water Production Facility Improvements BVP 13-196 Order Form, Substantial Completion Form and Final Completion Form duly delivered after execution of Contract. 2.13 The term "Contract Time", unless otherwise provided, means the period of time including adjustments by Change Order, allotted in the Contract Documents for final completion of the work. 2.14 The term "County" means the Polk County, a political subdivision of the State of Florida, and its authorized designees, agents or employees. 2.15 The term"Day"may be either a working day or a calendar day as defined in the BVP documents. When the Contract Time is specified as calendar days,workdays will be established in the supplementary conditions. Workdays are defined as those days of the week and hours of the day that the Contractor may perform the scope of work defined in the BVP Solicitation. If a workday day shall fall on a County Holiday that day shall be omitted from the computation of days for Contract Time. County Holidays are: New Year's Day, Martin Luther King Day, Memorial Day, Fourth of July, Labor Day, Veterans Day, Thanksgiving day, the Friday following Thanksgiving Day, Christmas Eve and Christmas Day, all as adopted by the Board of County Commissioners. 2.16 The term "Drawings" means the Drawings or plans contained within the Technical Specifications. 2.17 The term "Effective Date of the Contract" means the date on which the contract has been awarded by the Procurement Director. 2.18 The term "Field Order" means a written direction to the Contractor from the Professional that modifies Drawings and Specifications without changing Contract Price or Contract Time. 2.19 The term"Free on Board Delivery" (FOB)means the cost of the goods including the shipment to the job site. 2.20 The term "Good Faith Efforts" means documented efforts to secure the participation of women and/or minority-owned subcontractors utilizing available resources to assist Contractor. 2.21 The term "Lump Sum" means that portion of the total contract amount that is fixed as a result of the amount submitted by the Contractor. If there is no "Allowance for Work" this amount is the total Contract amount. If there is an "Allowance for Work" then the submittal price and the amount of the "Allowance for Work"becomes the total Contract amount. 2.22 The term "Not to Exceed" means that portion of the total Contract amount described as "Allowance for Work" that along with the amount submitted by the Contractor becomes the total Contract amount. Changes in the Work submitted by the Contractor that are eligible and approved for funding from the "Allowance for Work" shall not exceed the amount provided for in the "Allowance for Work"either in a single request or cumulative during the performance of the Work. 2.23 The term "Notice of Award" means the written notice issued by the County to the successful Contractor. 2.24 The term "Notice to Proceed" means a written notice issued by the Procurement Division to the Contractor fixing the date on which the Contract Time will commence and the Contractor shall start to perform the obligations under the Contract Documents, unless otherwise specified in the Notice to 58 Van Fleet Water Production Facility Improvements BVP 13-196 Proceed. The actual Start Date shall be within ten (10) days of Notice to Proceed date or when all applicable permits have been secured, unless otherwise stated. 2.25 The term "Professional" means the architectural/engineering firm or individual retained by the County or in-house designated person designated to perform the design and/or resident engineering services for the Work. The Professional can also serve as the Project Manager. 2.26 The term "Project Area" means the area within which are the specified Contract Limits of the improvements contemplated to be constructed in whole or in part under this Contract. 2.27 The term "Project Manager" means the Polk County representative in charge, employed by the County,for the purpose of directing or being in charge of the work embraced in this Contract. 2.28 The term "Procurement Director" means the Director of Polk County Procurement Division or their authorized representatives. 2.29 The "Risk Management Plan (RMP)" is defined as the technical information provided by the Best Value contractor during the Pre-Award Phase that details the Contractor's work plan, including all risks identified and the solutions to minimize those risks. The RM Plan is developed in concert with the user division. 2.30 The term"Start Date"means the date of commencement of the work. 2.31 The term "Technical Reports" means the reports issued by the County or the Project Manager consisting of written technical material such as soil reports. 2.32 The term "Weekly Risk Report" is the information documented by the Best Value Contractor during the construction phase of the Project. It shall contain all risks encountered, the efforts made to minimize those risks, and the outcome. This report shall be delivered to the County and to PBSRG on a weekly basis. 2.33 The term "Work" means the entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor; furnishing and incorporating material and equipment in the construction; performing or furnishing services; and furnishing documents, all as required by the Contract Documents. 2.34 The term"Substantial Completion"means project/work is ready for its intended use. See Article 16.5.2 of the General Conditions. 2.35 The term"Final Completion"means all work and materials are completed and installed in accordance with the approved design documentation. See Article 16.8.1 of General Conditions. ARTICLE 3—PRELIMINARY MATTERS 3.1 Delivery of Bonds 3.1.1 When the Contractor delivers the executed Contract to the County, the Contractor shall also deliver to the County such Bonds and insurance as may be required in accordance with these Contract Documents. 59 ►�2• s9 Van Fleet Water Production Facility Improvements BVP 13-196 3.2 Copies of Documents 3.2.1 After the award of the Contract, the County shall furnish the Contractor, at no cost, five (5) sets of plans and one (1) Contract Document for execution of the work. Additional sets will be supplied at the discretion of the user divisions. Commencement of Contract Time;Notice to Proceed 3.3 , 3.3.1 The Contract Time shall commence as established in the Notice to Proceed. A Notice to Proceed may be given at any time after the execution of the Contract by the Chairman of the Board of County Commissioners. 3.4 Starting the Work 3.4.1 The Contractor shall begin the Work on the start date established. No work shall be done prior to the date on which the Contract Time commences. Any work performed by the Contractor prior to the date on which Contract Time commences shall be at the sole risk of the Contractor. 3.5 Before Starting Construction 3.5.1 Prior to the Notice to Proceed (unless otherwise specified in the General Requirements), the Contractor shall submit to the Professional and the County for review and ultimate approval the following: 3.5.1.1. a preliminary schedule of the required shop drawings, which will list each required submittal and the times for submitting,reviewing and processing such submittal. 3.5.1.2 a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price. The schedule of values should subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction with sufficient breakdown of lump sum prices to identify items of work. Such amounts will include an appropriate amount of overhead and profit applicable to each item of work. A copy of the schedule of values, with the appropriate BVP number and the appropriate W/MBE classification in accordance with Section 16.1.2. shall be sent to the Procurement Division, 330 West Church Street, Bartow, Florida 33830. 3.5.2 Prior to the effective date of the Contract, the Contractor shall deliver to the County, with copies to each additional insured identified in the Supplementary Conditions, an original certificate of insurance (and other evidence of insurance which the County may reasonably request) which the Contractor is required to purchase and maintain in accordance with Article 6. 3.5.3 Before any Work at the site is started, a final review meeting attended by the Contractor, Project Manager, Procurement Representative, Professional and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in 3.5.2, procedures for handling shop drawings and other required submittals, processing applications for payment and maintaining required records. The Contractor shall have an additional ten (10) calendar days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to the Contractor until the schedules are submitted to and deemed acceptable by the Professional as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Time; but such acceptance will neither impose on the Professional responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve the 60 112 •�`o Van Fleet Water Production Facility Improvements BVP 13-196 Contractor from the Contractor's full responsibility.. The Contractor's schedule of shop drawings and submittals will be acceptable to the Professional as providing a workable arrangement for reviewing and processing the required Submittals. The Contractor's schedule of values shall be approved by the Professional and the County as to form and substance. 3.5.3.1 The Contractor, in addition to preparing an initially acceptable schedule, shall be responsible for maintaining the schedule, including updating the schedule. Schedule updates shall include progression of work as compared to scheduled progress of work. SCHEDULE UPDATES MUST BE IDENTIFIED IN THE WEEKLY RISK REPORT. ARTICLE 4 — CONTRACT DOCUMENTS, GOVERNING LAW AND VENUE, INTENT, DISCREPANCIES,AMENDING AND REUSE 4.1 Precedence 4.1.1 The Contract Documents comprise the entire agreement between the County and the Contractor concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the Laws of the State of Florida;Venue shall be Polk County. 4.1.2 It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof)to be constructed in accordance with the Contract Documents. Any work, material or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe the Work, material or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the drawings and specifications shall be issued by the Professional. 4.1.3 Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in 4.3.1 , the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents) and the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 4.1.4 Reference to standards, specifications, manuals or codes of any technical society, organization or associations, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, version, specification, manual, code or Laws or Regulations in effect at the time of opening of Submittals (or on the Effective Date of the Agreement if there were no Submittals), except as may be otherwise specifically stated in the Contract Documents. 4.2 Conflicts 4.2.1 No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of the County, Contractor or Professional, or any of their subcontractors, consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to the County, Professional or any of the Professional's consultants, agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or 61 �Zz•bl Van Fleet Water Production Facility Improvements BVP 13-196 any duty or authority to undertake responsibility inconsistent with the provisions of 10.7.1 or any other provision of the Contract Documents. 4.2 Amending 4.2.1 The Contract Documents may be amended to provide for additions, deletions and revisions to the Work by a Change Order or an Allowance Authorization. 4.2.2 In addition, the requirements of the Contract Documents may be supplemented and minor variations and deviations in the Work may be authorized by a Field Order or the Professional's written interpretation or clarification. 4.3 Reuse of Documents 4.3.1 The Contractor, any subcontractor, supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with the County shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of the Professional or the Professional's consultant; and shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other Project without written consent of the County and specific written verification or adaption by the Professional. ARTICLE 5—PROJECT CONDITIONS 5.1 Availability of Lands 5.1.1 The County shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated for the use of the Contractor. Upon reasonable written request, the County shall furnish the Contractor with a correct statement of record legal title and legal description of the lands upon which the Work is to be performed. The County shall identify any encumbrances or restrictions not of general application, but specifically related to use of lands so furnished with which the Contractor will have to comply in performing the Work. Necessary easements or rights-of-way will be obtained and expenses will be borne by the County. If the Contractor and the County are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Time as a result of any delay in the County's furnishing these lands, rights-of-way or easements, the Contractor may make a claim therefore as provided in Articles 12 and 13. The Contractor shall provide for all additional lands and access, which includes access by County personnel thereto that may be required for temporary construction facilities or storage of material and equipment. 5.2 Subsurface and Physical Conditions 5.2.1 Reference is made to the Supplementary Conditions for identification of those reports of exploration and tests of subsurface conditions at or contiguous to the site that have been utilized in preparing the Contract Documents. 5.3 Limited Reliance by Contractor Authorized Technical Data 5.3.1 The Contractor may rely upon the general accuracy of the "technical data" contained in reports and drawings provided by the County. Such "technical data" is identified in the Supplemental 62 112 -6u Van Fleet Water Production Facility Improvements BVP 13-196 Conditions. Except for said reliance on such "technical data,"the Contractor may not rely upon or make any claim against the County, Professional or any of the Professional's consultants with respect to: 5.3.1.1 the completeness of these reports and drawings for the Contractor's purposes, including, but not limited to, any aspects of the means, methods,techniques, sequences and procedures of construction to be employed by the Contractor and safety precautions and programs incident thereto; or 5.3.1.2 other data, interpretations, opinions and information contained in said reports or shown or indicated in said drawings; or 5.3.1.3 an Contractor interpretation " y of or conclusion drawn from any technical data or any such data, interpretations, opinions or information. 5.4 Unknown or Concealed Conditions 5.4.1 If conditions are encountered, excluding existing utilities, at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or(2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then the Contractor shall give the County notice, through the Professional, immediately before conditions are disturbed and in no event no later than 24 hours after first observance of the conditions. 5.4.2 The Project Manager and the Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, the Project Manager and the Professional shall recommend an equitable adjustment in the Contract Price or Contract Time, or both. If the Project Manager and the Professional determine that the conditions at the site are not materially different from those indicated in the Contract Documents or are not materially different from those ordinarily found and that no change in the terms of the Contract is justified, the Professional shall notify the Contractor of the determination in writing. The Work shall be performed after the Professional provides direction. 5.5 Physical Conditions—Underground Facilities 5.5.1 The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to the County or the Professional by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 5.5.1.1 The County and the Professional shall not be responsible for the accuracy or completeness of any such information or data; and 5.5.1.2 The cost of the following will be included in the Contract Price and the Contractor shall have full responsibility for(i) reviewing and checking all such information and data; (ii) locating all Underground Facilities shown or indicated in the Contract Documents; (iii) coordination of the Work with the owners of such Underground Facilities during construction; and (iv)the safety and protection of all such Underground Facilities as provided in 7.11 and repairing any damage resulting from the Work. 5.5.2 If an Underground Facility is uncovered or revealed at or continuant to the site which was not shown or indicated in the Contract Documents, the Contractor shall, promptly after becoming aware of and before further disturbing conditions affected by or performing any Work in connection therewith 63 112.63 Van Fleet Water Production Facility Improvements BVP 13-196 (except in an emergency as required by 7.13), identify the owner of such Underground Facility and give written notice to that owner and to the County through the Professional. The Project Manager and the Professional will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If the Project Manager concludes that a change in the Contract Documents is required, a Change Order will be issued as provided in Article 11 to reflect and document such consequences. During such time,the Contractor shall be responsible for the safety and protection of such Underground Facility as provided in 7.1.1 of this Section.. The Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that the Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If the County and the Contractor are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Time, the Contractor may make a claim therefore as provided in Articles 12 and 13. However,the County and the Professional shall not be liable to the Contractor for any claims, costs, losses or damages incurred or sustained by the Contractor on or in connection with any other Project or anticipated Project. 5.6 Reference Points 5.6.1 The County shall provide the Contractor surveys to establish reference points for construction, which in the County's judgment are necessary to enable the Contractor to proceed with the Work. The Contractor shall be responsible for laying out the Work; shall protect and preserve the established reference points; and shall make no changes or relocation without the prior written approval of the County. The Contractor shall report to the Professional whenever any reference point is lost or destroyed or requires relocation of such reference points by professionally qualified personnel. 5.7 Asbestos,PCBs, Petroleum,Hazardous Waste or Radioactive Material 5.7.1 The County shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive material or any hazardous material uncovered or revealed at the site which was not shown or indicated in drawings or specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. The County shall not be responsible for any such material brought to the site by the Contractor, subcontractor, suppliers or anyone else for whom the Contractor is responsible. 5.7.2 The Contractor shall immediately: (i) stop all work in connection with such hazardous condition and in any area affected thereby (except in an emergency as required by 7.13); and (ii) notify the County and the Professional (and thereafter confirm such notice in writing). The County shall promptly consult with the Professional concerning the necessity for the County to retain a qualified expert to evaluate such hazardous condition or take corrective action, if any. The Contractor shall not be required to resume Work in connection with such hazardous condition or in any such affected area until after the County has obtained any required permits related thereto and delivered to the Contractor special written notice (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of work; or(ii) specifying any special conditions under which such Work may be resumed safely. If the County and the Contractor cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Time as a result of such work stoppage or such special conditions under which Work is agreed by the Contractor to be resumed, either party may make a claim therefore as provided in Articles 12 and 13. 64 1-7 L 6-A Van Fleet Water Production Facility Improvements BVP 13-196 5.7.3 If, after receipt of such special written notice, the Contractor does not agree to resume such work based on a reasonable belief it is unsafe, or does not agree to resume such work under such special conditions, then the Contractor may order such portion of the work that is in connection with such hazardous conditions or in such affected area to be deleted from the Work. If the County and the Contractor cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Time as a result of deleting such portion of the Work, then either party may make a claim therefore as provided in Articles 12 and 13. The County may have such deleted portion of the Work performed by the County's own forces or others in accordance with Article 8. 5.7.4 The provisions of 5.2 and 5.5 are not intended to apply to Asbestos,PCBs,Petroleum,Hazardous Waste or Radioactive Material uncovered or revealed at the site. Article 6-BONDS,INSURANCE,INDEMNIFICATION 6.1 Public Construction Bond and Other Bonds 6.1.1 The Contractor shall furnish a Public Construction Bond in an amount equal to the amount awarded, as security for the faithful performance and payment of all the Contractor's obligations under the Contract Documents. This Bond shall remain in effect at least until one year after the date when final payment becomes due, except as otherwise provided by Laws or Regulations or by the Contract Documents. The Contractor shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Documents except as otherwise provided by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies"as published in Circular 570(amended)by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department and A.M. Best rated AVIII or better. 6.1.2 The Contractor shall be required to furnish additional coverage for added work. The surety is required to increase the amount of the bond in the same amount of one or more change orders. 6.1.3 The bonds required by the Contract Documents to be purchased and maintained by the Contractor shall be obtained from a surety that is duly licensed or authorized in the State of Florida to issue bond for the limits and coverages so required. All bonds signed by an agent must be accompanied by a certify copy of authority to act. Such surety shall also meet such additional requirements and qualifications as may be provided in the Supplementary conditions. 6.1. 4 If the surety on any bond furnished by the Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in any state or it ceases to meet the requirements of 6.1.1, the Contractor shall within ten (10) work days thereafter substitute another bond and surety, both of which must be acceptable to the County. 6.2 Certificates of Insurance 6.2.1 All insurance required by the Contract Documents to be purchased and maintained by the Contractor shall be obtained from an insurance company that is duly licensed or authorized in the State of Florida to issue insurance policies for the limits and coverages so required. Such insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 65 172-65 Van Fleet Water Production Facility Improvements BVP 13-196 6.2.2 The Contractor shall deliver to the County, with copies to each additional insured identified in 6.3.1, certificates of insurance (and other evidence of insurance requested by the County or any other additional insured)which the Contractor is required to purchase and maintain in accordance with 6.3.1. 6.3 Contractor's Liability Insurance 6.3.1 The Contractor shall purchase and maintain such liability and other insurance as is appropriate for the work being performed and furnished and will provide protection from claims set forth below which may arise out of or result from Contractor's performance and furnishing of the Work and the Contractor's other obligations under the Contract documents, whether it is to be performed or furnished by the Contractor, subcontractor, supplier or anyone for whose acts any of them may be liable. The Contractor shall purchase and maintain in force during the contract period with an insurer licensed to do business in the State of Florida; rated "A" or better by A.M. Best Rating Company for Class VIII financial size category, and acceptable to the County the following insurances. The limits of liability for the insurance shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations. a. Workers' Compensation Insurance providing statutory benefits, including those that may be required by any applicable federal statute: Admitted in Florida Yes Employer's Liability $100,000 All States Endorsement Statutory USL&H Endorsement Statutory Voluntary Compensation Statutory b. Commercial General Liability Insurance, naming the County as an additional insured and/or Owner Protective Liability, when required by the County's Risk Manager, Contractual, Products and Completed Operations Liability coverage on an occurrence policy form in limits not less than those listed and deductible amounts not to exceed$25,000. Aggregate Combined: $5,000,000 Each Occurrence: $5,000,000 M&C/CGL $ Broad Form CGL $5,000,000 Contractual Liability $5,000,000 Products $ Completed Operation $5,000,000 Personal Injury $ Independent Contractors $ XCU Property Damage Excel $ Umbrella Liability $ Regarding Completed Operations Liability: Continue coverage in force for two (2) years after County's acceptance of the Project. c. Automobile Liability Insurance. Coverage shall be maintained by the Contractor as to the ownership, maintenance and use of all of its owned, non-owned, leased or hired vehicles with limits of not less than: Bodily injury &Property Damage Liability $1,000,000 66 172.6c Van Fleet Water Production Facility Improvements BVP 13-196 Combined Single Limit Each Accident These policies will provide that: 1) The insurer(s) waive their rights of subrogation in favor of the County, their officials, employees, agents and consultants for Workers' Compensation and General Liability. 2) The County, a political subdivision of the State of Florida, shall be named as an additional insured with respect to liability arising from the work performed for the County by the Contractor (as defined by the scope of this submittal and subsequent contract) for Automotive and General Liability policies of insurance. This should be stated on Certificate(s) of Insurance and subsequently endorsed into the policies. Renewal notices to be sent to the Procurement Division. 3) The Contractor shall not be given Notice to Proceed under this contract until it has obtained all the insurance required by the Contract Documents and such insurance has been approved by the County. The original insurance certificates shall be given to: Polk County, a political subdivision of the State of Florida 330 West Church Street Bartow, Florida 33830 The acceptable form of the certificate of insurance shall be the industry standard ACORD certificate. 6.3.2 Notwithstanding any other provision of these documents to the contrary, the Contractor shall not provide Builder's Risk or Architects' and Engineers' Professional Liability Insurance unless specially requested by the County. The County has Builder's Risk coverage and will provide the Contractor with appropriate Certificate of Insurance upon request. The County's Builder's Risk policy does not insure the Contractor's tools, machinery or equipment that is stored at the job site. If the Contractor is required to store tools, machinery or equipment at the job site, the Contractor should provide insurance in the form of an equipment floater for the Contractor's tools and equipment. The County should be named as an additional insured on the Contractor's policy, with an appropriate waiver of subrogation as to any claims the Contractor or the Contractor's insurer may have against the County arising from the storage of the Contractor's tools and equipment. 6.3.3 The Contractor shall not allow a subcontractor to work on a Project without either subcontractor carrying their own Workers' Compensation and Liability insurance or the Contractor covering the subcontractor under their policies. The policy is the same for each succeeding sub-tier contractor. The County may request proof of such coverage for any subcontractor at anytime during the Project. 6.3.4 Any additional insurance, if required,will be called out in the Supplementary Conditions. 6.4 Receipt and Application of Insurance Proceeds 6.4.1 Any insured loss under the policies of insurance required by this agreement will be adjusted with the County and made payable to the County as fiduciary for the insured as their interest may appear. The County shall account for all money received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged work shall be repaired or replaced; the money so received applied on account thereof; and the work and cost thereof covered by an appropriate change order or written amendment as determined by the County. 6.4.2 The County as fiduciary has the power to adjust and settle any loss with the insurers. If such objection is made, the County as fiduciary shall make settlement with the insurers in accordance with 67 Van Fleet Water Production Facility Improvements BVP 13-196 such agreement as the parties and interests may reach. If no such agreement among the parties and interests is reached,the County as fiduciary shall adjust and settle the loss with the insurers. 6.5 Indemnification 6.5.1 The Contractor, in consideration of the Ten Dollars ($10.00) and other valuable consideration, shall indemnify, defend (by counsel reasonably acceptable to County) and hold harmless the County and its employees and agents from and against all liabilities, claims, suits, demands, damages, losses and expenses, including attorney fees, including, but not limited to or resulting from the performance of its Work, provided that any such liability, claim, suit, demand, damage, loss or expenses(a) is attributable to bodily injury, sickness, disease or death or injury to or destruction of tangible property, including the loss of use resulting therefrom; and (b) is caused in whole or in part by an act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, whether or not it is caused in whole or in part by the negligence or other fault of a party indemnified hereunder. 6.5.2 In any and all claims against the County or any of its agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall not be limited in any way as to the amount or type of damages, compensations or benefits payable by or for the Contractor or any subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. ' 6.5.3 The Contractor shall indemnify and hold harmless the County and anyone directly or indirectly employed by it from and against all claims, suits, demands, damages, losses or expenses (including attorney fees) arising out of any infringement of patent or copyrights held by others; and shall defend all such claims in connection with any alleged infringement of such rights. ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES 7.1 Supervision and Superintendence 7.1.1 The Contractor shall provide at all times when the Work is being executed a competent superintendent to supervise and direct the Work in accordance with the Contract Documents. The Contractor shall provide the name of the superintendent that will be assigned the responsibility to supervise the Work in the BVP submittal. This individual is a key component of the Work and, as such, may be interviewed by the Evaluation Team during the interview phase of the process. If in the judgment of the County the proposed superintendent lacks the experience, skills and expertise to competently and efficiently supervise and direct the Work, then the County may require the Contractor to assign a different superintendent. The Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but the Contractor shall not be responsible for the negligence of others in the design or specifications of a specific means, method,technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. The Contractor shall be responsible to see that the completed Work complies accurately with the Contract Documents. 7.1.2 The Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to the County, through the Professional, except under extraordinary circumstances. The superintendent will be the Contractor's representative at the site and shall have authority to act on behalf of the Contractor. All communications to the superintendent shall be as binding as if given to the Contractor. 68 112. 6 Van Fleet Water Production Facility Improvements rovements BVP 13-196 7.2 Labor,Material and Equipment { 7.2.1 The Contractor shall provide and pay for competent, suitable, qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. The Contractor shall at all times maintain good discipline and order on the site. 7.2.2 The Contractor shall furnish and pay for all material, equipment, labor, transportation, construction equipment machinery, tools, appliances, fuel, power, light, heat, telephone, water facilities, sanitary facilities, all other facilities and all other incidentals whether temporary or permanent necessary for the execution, testing, initial operation, and completion of the Work as required by the Contract Documents. 7.2.3 All material and equipment shall be new and of good quality, except as otherwise provided in the Contract Documents. If required by the Professional, the Contractor shall furnish satisfactory evidence as to the kind and quality of material and equipment. 7.2.4 All material and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator or processor, except as otherwise provided in the Contract Documents. 7.3 Substitute Material or Equipment 7.3.1 If the Contractor wishes to furnish or use a proposed substitute after the award of the Contract, it shall within thirty(30) calendar days after Notice to Proceed make written application to the Professional and the Project Manager for consideration of such substitute, certifying in writing that the proposed substitute: will perform adequately the duties imposed by the general design; be similar and of equal substance or quality to that specified; and be suited to the same use and capable of performing the same function as that specified. No substitute shall be ordered or installed without the prior written approval of the Professional. The application shall also contain an itemized estimate of all costs that may result directly or indirectly from acceptance of such substitute, including costs of redesign, delays, maintenance and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager and the Professional in evaluating the proposed substitute. Approval of any change in costs or schedule as a result of acceptance of the substitute by the Professional shall be by Change Order. 7.4 Concerning Subcontractors 7.4.1 The Contractor shall be fully responsible for all acts and omissions of their Subcontractors and of persons directly or indirectly employed by them and of persons for whose acts any of them may be liable to the same extent as if they were employed by the Contractor. Nothing in the Contract Documents shall create any contractual relationship between any subcontractor and the County or any obligation on the part of the County to pay or to see to the payment of any monies due any subcontractor, except as may otherwise be required by law. The County may furnish to any subcontractor, to the extent practical, evidence of amounts paid to the Contractor for specific Work done. 7.4.2 The Contractor shall identify and provide information on subcontractors, suppliers and other persons or organizations which shall be used by the Contractor, in accordance with requirements of the Contract Documents. 69 11 Z �6 q Van Fleet Water Production Facility Improvements BVP 13-196 7.4.3 The divisions and sections of the Specifications and the identifications of any Drawings shall not control the Contractor in dividing work among subcontractor or delineating the Work to be performed by any specific trade. 7.4.4 The Contractor agrees to bind specifically every subcontractor to the applicable terms and conditions of the Contract Documents, including but not limited to the General Conditions and Supplementary Conditions, for the benefit of the County. 7.4.5 All Work performed for the Contractor by a subcontractor shall be pursuant to an appropriate written agreement between the Contractor and the subcontractor which shall contain provisions that waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by insurance, except such rights as they may have to the proceeds of such insurance held by the County as trustee. The Contractor shall pay each subcontractor an appropriate amount, determined by the value of the Work, of any insurance monies received by the Contractor under this insurance. 7.5 Patent Fees and Royalties 7.5.1. The Contractor shall pay all license fees and royalties and assume all costs incident to the use of any invention, design, process or device which is the subject of patent rights or copyrights held by others. The Contractor shall indemnify and hold harmless the County and its employees and agents from and against all claims, costs, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents. 7.6 Permits 7.6.1 The Contractor shall obtain and pay for all construction permits, licenses, governmental charges, inspection fees and all public utility charges which are applicable and necessary for the execution of the Work. All permit costs and public utility charges shall not be included in the base price. Permit fees, if any, will be reimbursed to the Contractor on a separate invoice. Permits, if any, that are provided and paid for by the County, are listed in the Supplementary Conditions. Any delays associated with the permitting process will be considered for time extensions only; however, no damages or additional compensation for delay will be allowed. 7.7 Laws and Regulations 7.7.1 The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. If the Contractor observes that any of the Contract Documents are contradictory to such laws, rules and regulations, it will notify the Professional promptly in writing. Any necessary changes shall then be adjusted by an appropriate Change Order. If the Contractor performs any Work that they know or should have known to be contrary to such laws, ordinances, rules and regulations and without such notice to the Professional,the Contractor shall bear all related costs. 7.8 Taxes 7.8.1 The Contractor shall pay all sales, consumer, use and other similar taxes required to be paid by the Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 70 vi 2.- 1a Van Fleet Water Production Facility Improvements BVP 13-196 7.9 Use of Premises 7.9.1 The Contractor shall confine their equipment, storage of material, storage of equipment and the operations of their workers to the areas permitted by law, ordinances, permits or the requirements of the Contract Documents. The Contractor shall not unreasonably encumber the site with material and equipment. Any loss or damage to the Contractor's or any subcontractor's equipment is solely at the risk of the Contractor. 7.9.2 During the progress of the Work, the Contractor shall keep the premises free from accumulations of waste material, rubbish and other debris or contaminates resulting from the Work. At the completion of the Work, the Contractor shall remove all waste material, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment, machinery and surplus material. The Contractor shall leave the site clean and ready for occupancy by the County at substantial completion of the Work. The Contractor shall restore to original condition all property so designated for alteration by the Contract Documents. 7.9.3 The Contractor shall not load or permit any part of any structure to be loaded in any manner that will endanger the structure. The Contractor shall not subject any part of the Work or adjacent property to stresses or pressures that will endanger them. 7.10 Record Documents 7.10.1 The Contractor shall keep at the site and in good order one record copy of the Contract Documents to include all Drawings and Specifications. These documents shall be annotated on a continuing basis to show all changes made during the construction process. These shall be available to the Professional and the Project Manager for their review. Upon completion of the requirements of the Contract Documents the Contractor shall turn over these annotated documents to the County unless instructed otherwise in the Supplementary Conditions. 7.11 Safety and Protection 7.11.1 The Contractor shall take all necessary precautions for the safety of and will provide the necessary protection to prevent damage, injury or loss to: 7.11.1.2 All employees on the Work and other persons who may be affected by it. 7.11.1.3 All the Work and all material or equipment to be incorporated, whether in storage on or off the site. The Contractor shall assume all risk of loss for stored equipment or material, irrespective of whether the Contractor has transferred the title of the stored equipment or material to the County. 7.11.1.4 Other property at the site or adjacent to it, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 7.11.2 The Contractor is responsible for observing all OSHA regulations and shall self-inspect to ensure this is accomplished. The Contractor shall ensure that all personnel are properly trained and shall be able to provide documentation for their personnel that have attended training courses. Examples of such training courses are: Hazard Communications, Traffic Work Zone Safety, Personal Protective Equipment, First Aid/CPR, Permit Required Confined Space, Lock Out/Tag Out of Hazardous Energy. 71 Van Fleet Water Production Facility Improvements BVP 13-196 7.11.3 A County representative may periodically monitor work site safety. Should there be safety and/or health violations, classified as Serious, Willful or Criminal/Willful Violations, the County's representative may have the authority, but not the duty, to require the Contractor to correct the violation in an expeditious manner. Inspections shall be based on requirements contained in 29 CFR 1926. The definitions of serious, willful and criminal/willful violations are as follows: Serious Violation: A serious violation shall be deemed to exist in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition which exists; or from one or more practices, means, methods, operations or processes which have been adopted or are in use, in such place of employment unless the employer did not, and could not,with the exercise of reasonable diligence, know of the presence of the violation. Willful Violation: May exist where evidence shows that the employer committed an intentional and knowing violation of the Act. Criminal/Willful Violation: A repeat violation of a previously cited willful violation. Violation of Serious, Willful or Criminal violation may have the following consequences: First violation: The correction may be a verbal warning and the correction shall be done the same day. Written documentation may be maintained by the County. Second violation May result in work stoppage until the violation is corrected. The work stoppage shall not entitle the Contractor to additional contract time or compensation. Liquidated damages provision will remain in full force and effect. Third violation This may constitute a breach of contract for safety violations and may result in termination of the contract, at the sole discretion of the County. 7.11.4 Should the work site be in a hazardous area, the County may furnish the Contractor with information concerning hazards such as types or identification of known toxic material, machine hazards, Material Safety Data Sheets or any other information that would assist the Contractor in the planning of a safe work site. 7.11.5 The Contractor shall be aware that while working for the County, representatives from agencies such as the United States Department of Labor, Occupational Safety and Health Administration (OSHA) are invitees and need not have warrants or permission to enter the work site. These agencies, as well as the County Safety Officer, enter at the pleasure of the County. 7.11.6 The Contractor shall designate a competent person of its organization whose duty shall be the prevention of accidents at the site. This person shall be the Contractor's superintendent, unless otherwise designated in writing by the Contractor to the Professional. All communications to the superintendent shall be as binding as if given to the Contractor. 7.11.7 Should there be catastrophic injuries, as defined by OSHA, or a fatality on the worksite, the County Safety Manager, Risk Management Division, (863) 534-5267, shall be notified immediately. The Contractor shall promptly report by telephone and in writing to a County Representative and Professional all accidents arising out of or in connection with the Work which cause death, personal injury(defined by OSHA as a "lost time" accident), or property damage in excess of $500.00; giving full details and statements of any witnesses. County Representatives are defined as follows: The Division Director or 72 Van Fleet Water Production Facility Improvements BVP 13-196 the authorized representative, the division Project Manager and County Risk Management. Non- adherence to this policy could be cause for disqualification of the Contractor on future County Projects. 7.11.8 Should the County Safety Manager, require the OSHA 300 Log, a written safety and health plan and/or training documents, these documents shall be at this office within 24 hours of the request. Failure to provide the documentation within that time frame may cause the job to be shut down, at no expense to the County, until such documents are received. 7.11.9 In any event the County may stop the work when, in the County's opinion, the work is being performed in violation of any health and safety rules, regulations or laws. This includes environmental issues. 7.11.10 When it becomes necessary to stop the work for any of the reasons contained herein, the County shall issue a Stop Work Order to instruct the Contractor to cease work on the Project. The County shall not be penalized in any manner as a result of this Stop Work Order. 7.12 Drug Free Work Place Policy 7.12.1 The County has a very comprehensive policy to ensure a drug free work place. The substance of this policy shall become a part of this contract as described below. 7.12.1.2.1 The Contractor and its employees and subcontractors are strictly prohibited from the following: Using illegal drugs on County property; Manufacturing, distributing, dispensing, selling, possessing, or using a non-prescribed substance, illegal drug or alcohol, while at work or on or in County property. Reporting for work or performing work under the influence of a non-prescribed substance, illegal drug or alcohol. 7.12.1.2 If there is reason to believe that this policy is being violated, the Contractor shall be required to take immediate action to correct the violation and ensure the County that further violations will not occur. The remedy shall, at a minimum, require the person or persons who are the subject of the violation to be banned from the work place. 7.13 Emergencies 7.13.1 In emergencies affecting the safety of persons, the Work or property at the site or adjacent thereto, the Contractor, without special instructions or authorization from the Professional if time or circumstances do not permit, is obligated to prevent or mitigate threatened damage, injury or loss. The Contractor shall give the Professional written notice that the emergency provision has been invoked and shall state the reasons within twenty-four (24) hours of the incident. If the Contractor believes the emergency results in additional Work, a claim for a Change Order may be submitted in accordance with the procedures set forth herein. 7.13.1.1 The Contractor shall immediately notify the Professional of all events involving personal injuries to any person on the site, whether or not such person was engaged in the construction of the Project, and shall file a written report on such person(s) and any other event resulting in property damage of any amount within five(5)calendar days of the occurrence. 73 Van Fleet Water Production Facility Improvements BVP 13-196 7.13.1.2 If the Professional determines that a change in the Contract Documents is required because of the action taken by the Contractor in response to such an emergency, a Change Order will be issued to document the consequences of such action. 7.14 Submittals and Samples 7.14.1 After checking and verifying all field measurements, the Contractor shall promptly submit to the Professional for approval, in accordance with the accepted schedule of submittals, all submittals and samples required by the Contract Documents. All submittals and samples shall have been checked by and stamped with the approval of the Contractor and identified as the Professional may require. The data shown on or with the submittals will be complete with respect to dimensions, design criteria, materials and any other information necessary to enable the Professional to review the submittal as required.At the time of each submission, the Contractor shall give notice to the Professional of all deviations that the submittal or sample may have from the requirements of the Contract Documents. 7.14.1.1 The Professional shall review and approve submittals and samples. The Professional's review and approval shall be only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents. The approval of a separate item as such will not indicate approval of the assembly in which the item functions. The Contractor will make any corrections required by the Professional and resubmit the required number of corrected copies until approved. The Contractor's stamp of approval on any submittal or sample shall constitute its representation to the Professional and the County that the Contractor has determined and verified all quantities, dimensions, field construction criteria, materials, catalog numbers and similar data; and that each submittal or sample has been reviewed or coordinated with the requirements of the Work and the Contract Documents. 7.14.1.2 No Work requiring a submittal or sample submission shall commence until the submission has been approved by the Professional. A copy of each approved submittal and each approved sample shall be kept in good order by the Contractor at the site and shall be available to the Professional and the County staff. Any delays associated with the submittal process will be considered for time extensions only, and no damages or additional compensation for delay will be allowed. 7.14.1.3 The Professional's approval of submittals or samples shall not relieve the Contractor from responsibility for any variation from the requirements of the Contract Documents unless the Contractor has in writing called the Professional's attention to each such variation at the time of submission and the Project Manager has given written approval to the specific deviation; any such approval by the Professional shall not relieve the Contractor from responsibility for errors or omissions in the submittal. 7.14.1.4 Where a shop drawing or sample is required by the Contract Documents or the schedule of shop drawings and sample submissions accepted by the Professional as required, any related work performed prior to the Professional's review and approval of the pertinent submittal will be at the sole expense and responsibility of the Contractor. 7.15 Cleaning Up 7.15.1 The Contractor shall maintain the site free from accumulations of waste material, rubbish and other debris or contaminates resulting from the work, at a minimum, on a daily basis or as otherwise required. At the completion of the work, the Contractor shall remove all waste material, rubbish and debris from the site as well as all tools, construction equipment, machinery and surplus material; and will leave the site clean and ready for occupancy by the County. All disposals shall be in accordance with applicable laws and regulations. In addition to any other rights available to the County under the Contract Documents, the Contractor's failure to maintain the site may result in withholding of any amounts due 74 Van Fleet Water Production Facility Improvements BVP 13-196 the Contractor. The Contractor will restore to original condition those portions of the site not designated for alteration by the Contract Documents. ARTICLE 8—OTHER WORK 8.1 The County may perform additional work related to the Project with its own forces or may use other contracts for the execution of additional work. The Contractor shall provide the other contractors who are parties to such contracts, including but not limited to, the other contractor's employees, agents, subcontractors and suppliers (or the County's forces performing the additional work), reasonable opportunity for the introduction and storage of material and equipment and the execution of work, and shall properly connect and coordinate its work with theirs. The Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. The Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Professional and the others whose work will be affected. The Contractor is not entitled to exclusive use of the site. 8.1.1 If any part of the Contractor's work depends (for proper execution or results) upon the work of any other contractor (or the County), the Contractor will inspect and promptly report to the Professional in writing any defects or deficiencies in the work that renders it unsuitable for the proper execution and results. The Contractor's failure to report shall constitute an acceptance of the other work, except as to defects and deficiencies which may appear in the other work after the execution of its work. ARTICLE 9—COUNTY'S RESPONSIBILITIES 9.1 Except as otherwise provided in these General Conditions, the County shall issue all communications to the Contractor through the Professional. The Professional may be a consultant acting as an agent of the County or they may be County staff,or both, at the discretion of the County. 9.1.1 The County shall furnish the data required under the Contract Documents and shall make payments to the Contractor when due as provided in Article 15. 9.1.2 The County's responsibilities for providing lands,easements and engineering surveys to establish reference points are set forth in Article 5. ARTICLE 10—PROFESSIONAL'S STATUS DURING CONSTRUCTION 10.1 County's Representative 10.1.1 The Professional shall be a representative of the County during the construction period. The duties, responsibilities and limitations of authority of the Professional as the County's representative during construction are set forth in these General Conditions.0.2 Visits to the Site 10.2.1 The Professional shall make periodic visits to the site to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. 10.3 Clarifications and Interpretations 10.3.1 The Professional shall issue such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as may be determined necessary, or as reasonably 75 Van Fleet Water Production Facility Improvements BVP 13-196 requested by the Contractor, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If the Contractor believes that a written clarification and interpretation entitles them to an increase in the Contract Price, Contract time, or both, the Contractor may make a claim as provided for in Article 11, 12 and 13. 10.4 Rejecting Defective Work 10.4.1 The Professional has the authority to disapprove or reject Work, which is defective. The Professional also has authority to require special inspection or testing of the Work at the Contractor's expense, as provided in Article 14, whether or not the Work is fabricated, installed or completed when the work has been declared defective. 10.5 Resident Engineer or Architect 10.5.1 The Professional may furnish a full or part-time Resident Engineer or Architect and other personnel to assist them in carrying out services at the site. The duties, responsibilities and limitations of authority of the Resident Engineer or Architect and other personnel are set forth in the Supplementary Conditions, if applicable. 10.6 Decisions on Disagreements 10.6.1 The Professional shall interpret the requirements of the Contract Documents and determine the acceptability of the Work. If the Contractor disagrees with the Professional's opinion, the Contractor shall refer claims, disputes and other matters relating to the acceptability of the Work or their interpretation of the requirements of the Contract Documents initially to the Professional in writing with a request for a formal decision. The Professional will render in writing their opinion concerning the Contractor's request for a formal decision and shall submit same to the Project Manager. After receipt of the Professional's written opinion and all information requested from the Contractor, the Project Manager shall render a formal decision in writing, which shall then be conveyed to the Contractor by the Professional. Written notice of each claim, dispute and other matter shall be delivered by the Contractor to the Professional within seven (7) calendar days of the occurrence first happening. Written supporting data will be submitted to the Professional within fifteen (15) calendar days after the occurrence unless the Professional allows additional time. If the Contractor fails to strictly comply with these notices and submittal time periods, the Contractor shall be deemed to have waived their right to assert a claim the Contractor might otherwise have had concerning the matter. 10.7 Limitation on Professional's Responsibilities 10.7.1 Neither the Professional's authority to act under this Article or elsewhere in the Contract Documents, nor any decision made in good faith to exercise their authority, shall give rise to any duty or responsibility of the Professional to the Contractor, any subcontractor, any of their agents or employees. 10.7.1.1 The Professional shall not be responsible for the construction means, methods, techniques, sequences, procedures or the safety precautions and programs used. The Professional shall not be responsible for the Contractor's failure to perform the Work in accordance with the Contract Documents. 10.7.1.2 The Professional shall not be responsible for the acts or omissions of the Contractor, any subcontractors, any agents, employees or any other persons performing any of the Work. 76 11a '1�a Van Fleet Water Production Facility Improvements BVP 13-196 ARTICLE 11—CHANGES IN THE WORK 11.1 Changes 11.1.1 Without invalidating the Contract, the County may at any time order additions, deletions or revisions in the Work. The Professional shall provide the Contractor with a submittal request, identifying the work to be added, deleted or revised. Upon receipt, the Contractor shall promptly submit a written submittal for the changed work prepared in accordance with Articles 12 and 13. If the submittal request calls only for the deletion of work, the Professional may order the partial suspension of any work related to the proposed deletion, in which case the Contractor must cease performance as directed; the Contractor shall not be entitled to claim lost profits on deleted work. All change work shall be executed under the applicable conditions of the Contract Documents. 11.1.2 Additional work performed by the Contractor without authorization of a Change Order or Allowance Authorization will not entitle the Contractor to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in Article 7. The effect of this paragraph shall remain paramount and shall prevail irrespective of any conflicting provisions contained in these Contract Documents. 11.1.3 Upon agreement as to changes in the Work to be performed, work performed in an emergency as provided in Article 7, and any other claim of the Contractor for a change in the Contract Time or the Contract Price,the Professional will prepare a written Change Order to be signed by the Professional and the Contractor and submitted to the County for approval. 11.1.4 It is the Contractor's responsibility to notify its Surety of any changes affecting the general scope of the Work, Contract Price or Contract Time. 11.1.5 In the absence of an agreement as provided in 11.1.3,the County may, at its sole discretion, issue a Construction Change Directive to the Contractor. Pricing of the Construction Change Directive will be in accordance with Section 12.1.3. The Construction Change Directive will specify a price and, if applicable, a time extension determined to be reasonable by the County. If the Contractor fails to sign such Construction Change Directive, the Contractor may submit a claim in accordance with Articles 11, 12 and 13, but the Contractor shall nevertheless be obligated to fully perform the Work as directed by the Construction Change Directive. 11.1.6 The Contractor shall proceed diligently with performance of the Work as directed by the County, regardless of pending claim actions,unless otherwise agreed to in writing. ARTICLE 12—CHANGE OF CONTRACT PRICE 12.1 The Contract Price 12.1.1 The Contract Price constitutes the total compensation(subject to written authorized adjustments) payable to the Contractor for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by the Contractor shall be at the Contractor's expense without change in the Contract Price. 12.1.2 The Contract Price may only be increased or decreased by a written Change Order. Any claim for an increase shall be in writing and delivered to the Professional within seven (7) calendar days of the 77 Van Fleet Water Production Facility Improvements BVP 13-196 occurrence first happening. Written supporting data will be submitted to the Professional within fifteen (15)calendar days after the occurrence unless the County allows additional time. 12.1.3. The value of any work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined by the following procedures: 12.1.3.1 Designated Unit Price (Field Measure) The Contractor and the County recognize and acknowledge that the quantities shown for those items designated in the BVP Submittal (Attachment B) as unit price items are approximations prepared by the County for price purposes and that the actual compensation payable to the Contractor for the utilization of these items is based upon the application of unit prices to the actual quantities of items involved as measured in the field and required to complete the Work as originally defined in the Contract Documents. When it is determined by the County that an addition, deletion or revision to the Work as defined in these Contract Documents is required and affects the quantities required for items designed in the BVP Submittal (Attachment B) as unit price items, the Contractor and the County agree that the compensation payable to the Contractor for the unit price items shall be adjusted accordingly by a Change Order based upon the application of the appropriate unit prices shown in the BVP Submittal (Attachment B) to the quantity of the unit price item required to complete the Work as defined in the Contract Documents. 12.1.3.2 Other Unit Prices For items not designated in the BVP Submittal (Attachment B)as unit prices, the County and the Contractor may establish unit prices as agreed on by Change Order. 12.1.3.3 Lump Sum When it is determined by the County that an addition, deletion or revision to the Work is required which results in a change in the Work designated in the BVP Submittal as a lump sum item, the amount of increase or decrease in the lump sum price shall be established by mutual agreement of the parties. 12.1.4 If the pricing methods specified in 12.1.3 are inapplicable, or if the parties are unable to agree on a price for the changed work, a reasonable price for the same shall be established by the County in accordance with 12.2. The County shall then process a unilateral Change Order, specifying the said reasonable price, in accordance with 11.1.5. The Contractor shall perform the work as directed in the Change Order. 12.1.5 Failure on the part of the Contractor to construct any item to plan or authorized dimensions within the specification tolerances shall result in: reconstruction to acceptable tolerances at no additional costs to the County; acceptance at no pay; or acceptance at reduced final pay quantity or reduced unit price, all at the discretion of the County. Determinations of aggregate monetary change for items identified as lump sum quantities shall be made by the County based upon an analysis of the scope of the Contractor's failure to construct to plan or authorized dimensions. 12.2 Cost of Work 12.2.1 The term "Cost of Work," for the purpose of Change Orders or Allowance Work, means the cost necessarily incurred and paid by the Contractor in the proper performance of the Change Order Work. Except as may be agreed to in writing by the Professional, such costs shall be in amounts no higher than those prevailing in the area of the Work and may include the categories listed below. 78 Van Fleet Water Production Facility Improvements BVP 13-196 12.2.1.1 Labor (payroll, taxes, fringe benefits, worker's compensation, health and retirement benefits, sick leave) 12.2.1.2 Owned Equipment(at lowest applicable equipment manual rate)(Blue Book Value) 12.2.1.3 Rented Equipment(at actual rental rate) 12.2.1.4 Material 12.2.1.5 Supplies 12.2.1.6 Subcontractors' Costs 12.2.1.7 Bonds and Insurance 12.2.1.8 Contractor's Fee(per 12.3) 12.2.1.9 Permit Fees 12.2.2 The Contractor shall require all subcontractors and suppliers to comply with all requirements of, and provide itemizations of, all claims in accordance with this Article. 12.2.3 The term "Cost of the Work" shall not include any of the following: 12.2.3.1 Payroll costs and other compensation of the Contractor's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, layers, auditors, accountants, procurement and contracting agents, expediters, timekeepers, clerks and other personnel employed by the Contractor, whether at the site or in its principal or a branch office, for general administration of the Change Order work and not specifically included in the agreed upon schedule of job classifications, all of which are to be considered administrative costs covered by the Contractor's mark-up. 12.2.3.2 Extraordinary fringe benefits not specifically identified in Article 12.2.1.1. 12.2.3.3 Expenses of Contractor's principal and branch offices other than the Contractor's office at the site. 12.2.3.4 Any part of the Contractor's capital expenses, including interest on the Contractor's capital used for the Change Order work and charges against the Contractor for delinquent payments. 12.2.3.5 Cost of premiums for all bonds and insurance, whether or not the Contractor is required by the Contract Documents to purchase and maintain the same (except for additional bonds and insurance required because of changes in the work). 12.2.3.6 Costs due to the negligence of the Contractor, any subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to: the correction of defective Work; disposal of material or equipment wrongly supplied; and making good any damage to property. 12.2.3.7 Overhead or general expense costs of any kind (other than as provided in 12.3). 12.3 Contractor's Mark-Up 12.3.1 The maximum percentage allowed for the Contractor's combined overhead andrp ofit shall be as follows: 12.3.1.1 For all such Change Order work or Allowance Work done, a fixed percentage of the total adjustment to the Contract Price shall be negotiated and shall not exceed ten percent(10%). 79 Van Fleet Water Production Facility Improvements BVP 13-196 12.3.2 For all changes, the Contractor shall submit an itemized cost breakdown, together with supporting data in the detail and form as prescribed by the Professional. When a credit is due,the amount of credit to be allowed by the Contractor to the County for any change which results in a net decrease in cost will be the amount of the actual net decrease in direct cost as determined by the Professional, plus the applicable reduction in overhead and profit. When both additions and credits are involved in any change, the combined overhead and profit shall be calculated on the basis of the net change, whether an increase or decrease. In any event, the minimum detail shall be an itemization of all man-hours required by discipline/trade with the unit cost per man-hour and total labor price, labor burden, equipment hours and rate for each piece of equipment, material by units of measure and price per unit, other costs specifically itemized, plus the overhead and profit markup. ARTICLE 13—CHANGE OF CONTRACT TIME 13.1 The Contract Time may only be changed by a Change Order. Any requests for time extension shall be documented within the Weekly Risk Report and shall be a direct result of any unforeseen risks not previously identified by the Contractor. Should a request for time extension appear on the Weekly Risk Report that is a result of previously identified risk, a determination as to the party responsible will be made and so noted within the report. 13.1.1 If the Contractor is delayed at any time in the performance, progress, commencement or completion of the Work by any act or neglect of the County or the Professional, by an employee of either, by any separate contractor employed by the County, by changes ordered in the Work, by labor disputes, fire, unavoidable casualties, utility conflicts which could not have been identified or foreseen by the Contractor using reasonable diligence or by any causes beyond the Contractor's control or fault, then the Contract Time shall be extended by Change Order for such reasonable time as the County may determine. The Contractor shall be entitled to an extension of time for causes only for the number of days of delay which the County may determine to be due solely to these causes and only to the extent these occurrences actually delay the completion of the Work; and then only if the Contractor shall have strictly complied with all the requirements of the Contract Documents. Provided, however, notwithstanding anything in the Contract Documents to the contrary, no interruption, interference, inefficiency, suspension or delay in the performance, progress, commencement or completion of the Work for any cause whatsoever, including those for which the County or the Professional may be responsible in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from the County. The Contractor's sole and exclusive remedy against the County for interruption, interference, inefficiency, suspension or delay of any aspect of the Work shall be right to seek an extension to the Contract Time in accordance with the procedures set forth herein. 13.1.2 Weather delays, as determined by the County's Project Manager, will automatically extend the contract time by the same number of days. ARTICLE 14-UNCONTROLLABLE FORCES (FORCE MAJEURE) 14.1 Neither the County nor Contractor shall be considered to be in default of the Contract if delays in, or failure of performance, shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Contract and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lighting, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 80 Iia- � b Van Fleet Water Production Facility Improvements BVP 13-196 14.2 Neither party shall, however, be excused from performance if nonperformance is due to forces which are preventable, removable, or remediable and which the nonperforming party could have,with the exercise of reasonable diligence, prevented, removed or remedied with reasonable dispatch. 14.3 The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an Uncontrollable Force, give written notice to the other party describing the circumstance and Uncontrollable Forces preventing continued performance of the obligations of this Contract. ARTICLE 15—WARRANTY AND GUARANTEE: ACCEPTANCE OF DEFECTIVE WORK 15.1 Warranty and Guarantee 15.1.1 The Contractor warrants and guarantees to the County that all material and equipment will be new, unless otherwise specified; and that all work will be of good quality, performed in a workmanlike manner, free from faults or defects, and in accordance with the requirements of the Contract Documents and any inspections, tests or approvals referred to in this Article. All unsatisfactory Work, all faulty Work and all Work not conforming to the requirements of the Contract Documents or such inspections, tests, approvals or all applicable building, construction and safety requirements, shall be considered defective. Notice of all defects shall be given to the Contractor by the Project Manager. All defective work,whether or not in place, may be rejected, corrected or accepted as provided in this Article. 15.1.2 If, after approval of final payment and prior to the expiration of one year after the date of substantial completion or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any Work or material are found to be defective, incomplete or otherwise not in accordance with the Contract Documents, the Contractor shall promptly, without cost to the County and in accordance with the County's written instructions, either correct such defective Work or, if it has been rejected by the County, remove it from the site and replace it with non-defective work. If the Contractor does not promptly comply with the terms of such instructions, the County may have the defective Work corrected, removed or replaced. All direct and indirect costs of such action will be paid by the Contractor. 15.2 Tests and Inspections 15.2.1 If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any Work to specifically be inspected, tested or approved by someone other than the Contractor, the Contractor shall give the Professional timely notice. The testing firm(s) (if assigned by the Contractor to this Work) and all such inspections, tests or approvals provided for by the County shall be identified in writing by the Professional to the Contractor. All other inspections, tests or approvals shall be at the Contractor's expense, including additional expenses for inspection and tests required as a result of delays by the Contractor or hours worked in excess of 40 hours per week. For all required inspections, tests and approvals on any Work prepared, performed or assembled away from the site, the Contractor will furnish the Professional with the required Certificates of Inspection, testing or approval. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Material or such other applicable organizations as may be required by law or the Contract Documents. Material or Work in place that fail to pass acceptability tests shall be retested at the direction of the Professional and at the Contractor's expense. 15.2.2 Neither observations by the Professional or the Project Manager nor inspections, tests or approvals by persons other than the Contractor shall relieve the Contractor of its obligations to perform the Work in accordance with the requirements of the Contract Documents. 81 Van Fleet Water Production Facility Improvements BVP 13-196 15.3 Access to the Work 15.3.1 For the duration of the Work, the Professional and their representatives, other designated representatives of the County and authorized representatives of any regulatory agency shall at all times be given access to the Work. The Contractor shall provide proper facilities for such access and observation of the Work and also for any inspection or testing by others. 15.4 Uncovering the Work 15.4.1 If any work required to be inspected, tested or approved is covered prior thereto without the prior written approval of the Professional, or if any work is covered contrary to the request of the Project Manager, the work shall, if requested by the Professional or the Project Manager, be uncovered for observation, inspection, testing or approval and replaced at the Contractor's expense. 15.4.2 If any work has been covered which either the Professional or the Project Manager has not specifically requested to observe, or if the Professional or the Project Manager considers it necessary or advisable that covered work be inspected or tested by others, the Contractor, upon written request of the Professional or the Project Manager, shall uncover, expose or otherwise make available for observation, inspection or testing that portion of the work in question, furnishing all necessary labor, material and equipment. If it is found that such work is defective, the Contractor shall bear the expense of such uncovering, exposure, observation, inspection, testing and satisfactory reconstruction. If, however, such work is not found to be defective, the Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection,testing and reconstruction, if it makes a claim as provided in Articles 11, 12 and 13. 15.5 Stop Work 15.5.1 When work is defective or when the Contractor fails to supply sufficient skilled workmen, suitable material, suitable equipment, make prompt payments to subcontractors for labor, material or equipment, or if the Contractor violates any provisions of these Contract Documents, the County may order the Contractor to stop the work until the cause for such order has been eliminated. However, this right of the County to stop the work shall not give rise to any duty on the part of the County to exercise this right for the benefit of the Contractor or any other party. The Contractor shall have no right to claim an increase in the Contract Price or Contract Time or other damages for a stop work order under this paragraph. 15.6 Correction or Removal of Defective Work 15.6.1 When directed by the Professional, the Contractor shall promptly, without cost to the County and as specified by the Professional either correct the defective work whether fabricated, installed or completed, or remove it from the site and replace it with non-defective work. If the Contractor does not correct such defective work or remove and replace such defective work within a reasonable time, all as specified in a written notice from the Professional, the County may have the deficiency corrected. All direct and indirect costs of such correction shall be paid by the Contractor or deducted from payment to the Contractor. The Contractor will also bear the expense of correcting or removing and replacing all work of others destroyed or damaged by the correction, removal or replacement of the defective work. 82 Van Fleet Water Production Facility Improvements BVP 13-196 15.7 Acceptance of Defective Work 15.7.1 If, instead of requiring correction or removal and replacement of defective work, the County prefers to accept it, the County may do so. In such case, if acceptance occurs prior to approval of final payment, a Change Order incorporating the necessary revisions in the Contract Documents, including an appropriate reduction in the Contract Price, shall be issued. If the acceptance occurs after approval of final payment, the Contractor shall pay to the County an appropriate sum to compensate for the defect in the work. 15.8 Neglected Work by Contractor 15.8.1 If the Contractor neglects to execute the Work in accordance with the Contract Documents, including any requirements of the progress schedule,the Professional may direct the Contractor to submit a recovery plan and take specific corrective actions including, but not limited to, employing additional workmen and/or equipment, working extended hours and additional days, all at no cost to the County, in order to put the Work back on schedule. If the Contractor fails to correct the deficiency or take appropriate corrective action,the County may terminate the contract or Contractor's right to proceed with that portion of work and have the work done by others. The cost of completion under such procedure shall be charged against the Contractor. A Change Order shall be issued incorporating the necessary revisions in the Contract Documents, including an appropriate reduction in the Contract Price. If the payments due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the County. 15.8.2 Should the Contractor work overtime, weekends or holidays to regain the schedule, all costs to the County of associated inspection, construction management and resident engineering shall be identified to the Contractor and the Contract Price reduced by a like amount via Change Order. ARTICLE 16—PAYMENT AND COMPLETION 16.1 Schedule of Values 16.1.1 The Schedule of Values established as provided in 3.5.5 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to the Professional and the Project Manager. Progress payments using unit prices will be based on the number of units completed. Lump sums do not have a provision for a unit price adjustment. 16.1.2 The Schedule of Values will include a breakdown of divisions of the work in a manner that will identify subcontractors by the classification of their work according to any accepted numerical sequence, such as AIA numerical classification. Any subcontractor identified by the Contractor, as a Woman/Minority Business Entity shall be noted in the schedule of values on a separate line of the schedule of values with an extension to the numerical classification used to identify the particular division of work. The extension will be according to the following: 002- Woman Business Enterprise; 003 — African American Enterprise; 004—Hispanic American; 005 —Asian Pacific American Business; 006—Native American Business; and 007—Asian-Indian American Business. 16.2 Application for Progress Payment 16.2.1 At least seven (7) calendar days before the date established for each progress payment (but not more often than once a month), Contractor shall submit to the Professional for review an Application for Payment filled out and signed by the Contractor covering the work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract 83 1� a - 53 Van Fleet Water Production Facility Improvements BVP 13-196 Documents. If payment is requested on the basis of material and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that the County has received the material and equipment free and clear of all liens and evidence that the material and equipment are covered by appropriate property insurance and other arrangements to protect the County's interest therein, all of which will be satisfactory to the County. Payment is subject to retainage in accordance with F.S. 218.735. The amount of retainage is 10% until such time retainage is reduced in accordance with the contract document or as provided in F.S. 218.735. 16.3 Contractor's Warranty of Title 16.3.1 Contractor warrants and guarantees that title to the work, material and equipment covered by any Application for Payment, whether incorporated in the Work or not, will pass to the County no later than the time of payment, free and clear of all liens. 16.4 Approval of Payments 16.4.1 The Professional, after receipt of each Application for Payment, will either indicate in writing a recommendation of payment and present the application to the County, or return the application to the Contractor indicating in writing the Professional's reasons for refusing to recommend payment. In the latter case, the Contractor may make the necessary corrections and resubmit the application. The County shall make payment in accordance with F.S. 218.735. 16.4.2 The Professional's recommendation of any payment requested in an Application for Payment will constitute a representation by the Professional to the County based on the Professional's review of the Application for Payment and the accompanying data and schedules, that to the best of the Professional's knowledge, information and belief: a) The Work has progressed to the point indicated; b) The quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon substantial completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work and to any other qualifications stated in the recommendation); and c) The conditions precedent to the Contractor's being entitled to such payment appear to have been fulfilled in so far as it is the Professional's responsibility to observe the Work. 16.4.3 By recommending any such payment, the Professional will not be deemed to have represented that: (i) exhaustive or continuous on-site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to the Professional in the Contract Documents; or (ii)that there may not be other matters or issues between the parties that might entitle the Contractor to be paid additionally by the County or entitle the County to withhold payment to the Contractor. 16.4.4 The Professional's recommendation of any payment, including final payment, shall not mean that the Professional is responsible for the Contractor's means, methods, techniques, sequences or procedures of construction; or the safety precautions and programs incident thereto; or for any failure of the Contractor to comply with Laws and Regulations applicable to the furnishing or performance of Work; or for any failure of the Contractor to perform or furnish Work in accordance with the Contract Documents. 84 112 -By Van Fleet Water Production Facility Improvements BVP 13-196 16.4.5 The Professional may refuse to recommend the whole or any part of any payment if, in the Professional's opinion, they are unable to make the representation that the Application is acceptable to the County. The Professional may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in the Professional's opinion to protect the County from loss because: i a) The Work is defective; i .I b) The Contract Price has been reduced by Change Order; c) The County has been required to correct defective work or complete work in accordance with Article 15; d) Claims have been filed against the County for which the Contractor may be liable; and/or e) The work was executed unsatisfactorily; the Contractor failed to clean up as required in Article 7 or the work is otherwise not in compliance with these Contract Documents. 16.4.6 The County will give the Contractor immediate notice stating the reasons for such action and promptly pay the Contractor the amount so withheld, or any adjustment thereto agreed to by the County and the Contractor, when the Contractor corrects, to the County's satisfaction, the reasons for such action. 16.5 Substantial Completion 16.5.1 Substantial Completion is the stage in the progress of the Work when the Work or specified portion thereof is sufficiently complete in accordance with the Contract Documents so the County can occupy or utilize the Work for its intended purpose. 16.5.2 When the Contractor considers that the Work, or a specified portion thereof, which the County agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Professional a thorough and inclusive list of items to be completed or corrected. The Contractor shall proceed promptly to complete and correct items on the list. Failure to include an item on this list does not relieve the Contractor of the responsibility to complete all Work in accordance with the Contract Documents. Upon receipt of the Contractor's list, the Professional and Project Manager will visit the site to determine whether the Work or designated portion thereof is substantially complete. If the Professional's and the Project Manager's visit discloses any item, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item, upon notification by the Professional. The Contractor shall then submit a request for another visit by the Professional to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, the Professional will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion. The Certificate of Substantial Completion shall include a list of items that have not been completed or corrected at the time of the follow-up visit by the Professional to determine Substantial Completion. The Professional, in consultation with the County, shall establish a date for completion of the items identified in the Certificate of Substantial Completion Certificate and this date for completion shall be noted on the Certificate. The Professional shall also establish a value for each of the items included on the certificate, which may be deducted from the 85 liz-$5 Van Fleet Water Production Facility Improvements BVP 13-196 Contractor's Application for Payment at two times the amount of each incomplete item. Should the Contractor fail to complete the items by the date noted on the Certificate of Substantial Completion, the County may complete the item and deduct the costs from the final Application for Payment. Warranties required by the Contract Document shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Contractor for their written acceptance and then to the County for acceptance and issuance. 16.5. 3 The County shall have the right to exclude the Contractor from the Work after the date of Substantial Completion, but the County shall allow the Contractor reasonable access to complete or correct items on the list. 16.6 Beneficial Occupancy 16.6.1 Use by the County at the County's option of any substantially completed part of the Work which (i) has specifically been identified in the Contract Documents, or (ii) the County, Professional and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by the County for its intended purpose without significant interference with the Contractor's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to 16.5 16.6.2 The County at any time may request the Contractor in writing to permit the County to use any such part of the Work which the County believes to be ready for its intended use and substantially complete. If the Contractor agrees that such part of the Work is substantially complete, the Contractor will certify to the County and the Professional in writing that the Contractor considers any such part of the Work ready for its intended use and substantially complete and request the Professional to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, the County, Contractor and Professional shall make an inspection of that part of the Work to determine its status of completion. If the Professional does not consider that part of the Work to be substantially complete, the Professional will notify the County and the Contractor in writing giving the reasons therefore. If the Professional considers that part of the Work to be substantially complete, the provisions of 16.6 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 16.6.3 The County, may at its discretion, reduce the amount of retainage beyond the amount prescribed in F.S. 218.735 subject to Beneficial Occupancy. 16.6.4 Retainage will not be released in the face of a claim by the County for liquidated damages or a dispute claim by the Contractor for additional compensation. 16.7 Final Inspection 16.7.1 Upon written notice from the Contractor that the entire Work or an agreed portion thereof is complete, the Professional will make a final inspection with the County and the Contractor and will notify the Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. The Contractor shall immediately take such measures as necessary to complete such Work or remedy such deficiencies. 16.8 Final Application for Payment 86 L ;L Van Fleet Water Production Facility Improvements BVP 13-196 16.8.1 After the Contractor has completed all such corrections to the satisfaction of the Professional and the County and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by 6.2, certificates of inspection, marked-up record documents and other documents, the Contractor may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i)all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required; and (ii) consent of the surety to final payment. 16.8.2 No application for final payment will be accepted by the County until all required documentation by the Contractor has been accepted and approved by the Professional and the County. 16.8.3 Notwithstanding any other provision of these contract documents to the contrary,the County and the Professional are under no duty or obligation whatsoever to any vendor, material provider, subcontractor, laborer or other party to ensure that payments due and owing by the Contractor to any of them are or will be made. Such parties shall rely only on the Contractor's surety bonds for remedy of nonpayment by the Contractor. The Contractor agrees to defend and resolve all claims made by subcontractors, indemnifying the County and the Professional for all claims arising from or resulting from subcontractor, supplier, material men or laborer services in connection with this Project. 16.8.4 The Contractor will indemnify the County and Professional for any damages sustained including lost revenues resulting from the Contractor's failure or refusal to perform the work required by these contract documents. I 16.9 Final Payment and Acceptance 16.9.1 If, on the basis of the Professional's observation of the Work during construction and final inspection, and the Professional's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, the Professional is satisfied that the Work has been completed and the Contractor's other obligations under the Contract Documents have been fulfilled, the Professional will, after receipt of the final Application for Payment, indicate in writing the Professional's recommendation of payment and present the Application to the County for payment. At the same time, the Professional will also give written notice to the County and the Contractor that the Work is acceptable subject to the provision of 16.10. Otherwise, the Professional will return the application to the Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case the Contractor shall make the necessary corrections and resubmit the Application. After the presentation to the County of the application and accompanying documentation, in appropriate form and substance and with the Professional's recommendation and notice of acceptability, the amount recommended by the Professional will become due and will be paid by the County to the Contractor. 16.9.2 If,through no fault of the Contractor, final completion of the Work is significantly delayed and if the Professional so confirms, the County shall, upon receipt of the Contractor's final Application for Payment and recommendation of the Professional, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by the County for Work not fully completed or corrected is less than the retainage stipulated in the Contract, and if bonds have been furnished as required in Article 6, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Professional with the application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 87 Van Fleet Water Production Facility Improvements BVP 13-196 16.9.3 The remainder of the Contract Price will be approved for payment upon final completion of the work, acceptance of the work by the County and settlement of all claims. 16.10 Waiver of Claims 16.10.1 The making and acceptance of final payment will constitute a waiver of all claims by the Contractor against the County, other than those previously made in writing and still unsettled. 16.10.1.1 The making and acceptance of final payment will constitute a waiver of all claims by the County against the Contractor, except claims arising from unsettled liens from defective Work appearing after final inspection pursuant to 16.8; from failure to comply with the Contract Documents or the terms of any special guarantees specified therein; or from the Contractor's continuing obligations under the Contract Documents. ARTICLE 17—SUSPENSION OF WORK AND TERMINATION 17.1 Suspension of Work 17.1.1 At any time and without cause, the County may suspend the Work or any portion thereof for a period of not more than ninety (90) days by notice in writing to the Contractor and the Professional, which will fix the date on which Work will be resumed. The Contractor shall resume the Work on the date so fixed. The Contractor shall be allowed an adjustment in the Contract Price or an extension of the Contract Time, or both, directly attributable to any such suspension if the Contractor makes any approved claim therefore as provided in Articles 12 and 13. 17.2 Termination For Cause 17.2.1 Upon the occurrence of any one or more of the following events: a) If the Contractor fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable material or equipment; or failure to adhere to the progress schedule established; b) If the Contractor disregards laws or regulations of any Regulations of any public agency having jurisdiction; C) If the Contractor disregards the authority of the Professional or the Project Manager; or d) If the Contractor otherwise violates in any substantial way any provisions of the Contract Documents. The County may, after giving the Contractor and surety seven (7) working days' written notice and to the extent permitted by Laws and Regulations, terminate the services of the Contractor; exclude the Contractor from the site; take possession of the Work and of all the Contractor's tools, appliances, construction equipment and machinery at the site; use the same to the full extent they could be used by the Contractor (without liability to the Contractor for trespass or conversion); incorporate in the Work all material and equipment stored at the site or for which the County has paid the Contractor but which are stored elsewhere; and finish the Work as the County may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment beyond an amount equal to the value of the work actually completed and the value of material and 88 Van Fleet Water Production Facility Improvements BVP 13-196 equipment not incorporated in the work but delivered and suitably stored, less the aggregate of payments previously made. If the direct and indirect costs of completing the work exceed the unpaid balance of the contract price, the Contractor shall pay the difference to the County. Such costs incurred by the County shall be verified by the Professional and incorporated in a Change Order; but in finishing the work the Contractor shall not be required to obtain the lowest figure for the work performed. The Contractor's obligations to pay the difference between such costs and such unpaid balance shall survive termination of the agreement. 17.2.2 In the event the County terminates the contract for cause and it is subsequently judicially determined that there was no cause for termination,the termination for convenience provision will be the means for disposition of the balance of the contract obligations. 17.3 Termination for Convenience 17.3.1 Upon seven (7) working days' written notice to the Contractor and the Professional, the County may, without cause and without prejudice to any other right or remedy of the County, elect to terminate the Contract. In such case,the Contractor shall be paid(without duplication of any items): a) For completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; b) For expenses sustained prior to the effective date of termination in performing services and furnishing labor, material or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; C) For all claims, costs, losses and damages incurred in settlement of terminated contracts with subcontractors, suppliers and others; and d) For reasonable expenses directly attributable to termination. The Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 17.3.2 If through no act or fault of the Contractor, the Work is suspended for a period of more than ninety (90) calendar days by the County, or under an order of court or other public authority, or the Professional fails to act on any Application for Payment within thirty (30) calendar days after it is submitted, or the County fails for thirty-one (3 1) calendar days to pay the Contractor any sum finally determined to be due, then the Contractor may, upon seven (7) working days' written notice to the County and the Professional, terminate the Agreement and recover from the County payment on the same terms as provided in 17.2.2, provided the County or the Professional did not remedy such suspension or failure within that time. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if the Professional has failed for thirty-one (3 1) calendar days to pay the Contractor any sum finally determined to be due, the Contractor may upon seven (7) days' written notice to the County and the Professional stop the Work until payment is made of all such amounts due the Contractor, including interest thereon. The provisions of this paragraph are not intended to preclude the Contractor from making claim under Articles 12 and 13 for an increase in Contract Price or Contract Time or otherwise for expenses or damage directly attributable to the Contractor's stopping Work as permitted by this paragraph. 89 1 � ;L - $q Van Fleet Water Production Facility Improvements BVP 13-196 ARTICLE 18—DISPUTES 18.1 All disputes arising under this Contract or its interpretation whether involving law, fact or both, or extra work, and all claims for alleged breach of contract, shall within ten (10) working days of the commencement of the dispute be presented by the Contractor to the County for decision. All papers pertaining to claims shall be filed in quadruplicate. Such notice need not detail the amount of the claim but shall state the facts surrounding the claim in sufficient detail to identify the claim, together with its character and scope. In the meantime, the Contractor shall proceed with the Work as directed. Any claim not presented within the time limit specified in this paragraph shall be deemed to have been waived, except that if the claim is of a continuing character and notice of the claim is not given within ten (10) working days of its commencement, the claim will be considered only for a period commencing ten (10) working days prior to the receipt by the County of notice thereof. Each decision by the County will be in writing and will be mailed to the Contractor by registered or certified mail, return receipt requested, directed to the Contractor's last known address. 18.1.1 If the Contractor does not agree with any decision of the County, the Contractor shall seek mediation by a certified circuit court civil mediator who will be agreed to by the parties or, if the parties cannot agree to a mediator within thirty (30) calendar days of the request for mediation, said mediator y will be chosen by the Contractor. Any mediation will be held in Polk County, unless otherwise agreed to by the County. The parties will cooperate in good faith with the mediator with the cost of the mediator split equally between the parties, if the mediator is agreed upon, and by the Contractor if agreement on the mediator cannot be reached. 18.1.2 If the Contractor does not agree with any decision of the County, or the mediation is unsuccessful, the Contractor shall in no case allow the dispute to delay the Work but shall notify the County promptly that the work proceeding under protest and that the matter in question may be excepted from the final release. ARTICLE 19—MISCELLANEOUS 19.1 Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail,postage prepaid,to the last business address known to the giver of the notice. 19.2 When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. A calendar day of twenty-four(24) hours measured from midnight to the next midnight will constitute a day. 19.3 Should the County or the Contractor suffer injury or damage to its person or property because of any error, omission or act of the other or of any of their employees, agents or others for whose acts they may be legally liable, claim should be made in writing to the other party within a reasonable time of the first observance of such injury or damage. 19.4 All representations, warranties and guarantees made in the contract documents will survive final payment and termination or completion of the agreement. Also, the obligation of the Contractor to maintain the work until initiation of operation shall survive final payment, termination or completion of the Contract. 90 1-1 't ' 10 Van Fleet Water Production Facility Improvements BVP 13-196 19.5 The Contractor shall keep adequate records and supporting documentation applicable to the Work and Contract. Said records and documentation shall be retained by the Contractor for a minimum of five (5)years from the date of final completion or termination of this Contract. The County shall have the right to audit, inspect and copy all such records and documentation as often as the County deems necessary during the period of the Contract and for a period of five (5) years thereafter provided, however, such activity shall be conducted only during normal business hours. The County, during this period of time, shall also have the right to obtain a copy of and otherwise inspect any audit made at the direction of the Contractor as concerns the aforesaid records and supporting documentation. ARTICLE 20-UNAUTHORIZED ALIEN(S) 20.1 The Contractor agrees that unauthorized aliens shall not be employed nor utilized in the performance of the requirements of this solicitation. The County shall consider the employment or utilization of unauthorized aliens a violation of Section 274A(e) of the Immigration and Naturalization Act (8 U.S.C. 1324a). Such violation shall be cause for unilateral termination of this Agreement by the County. As part of the response to this solicitation, the successful Contractor will complete and submit the attached form"AFFIDAVIT CERTIFICATION IMMIGRATION LAWS." 20.2 Employers may avail themselves of a program by the U.S. Immigration and Customs Enforcement called E-Verify. E-Verify is an Internet-based system operated by U.S. Citizenship and Immigration Services USCIS , art of the Department of Homeland Security (DHS), in partnership with g ( ) p the Social Security Administration (SSA). E-Verify is currently free to employers. E-Verify provides an automated link to Federal databases to help employers determine employment eligibility of new hires and the validity of their Social Security numbers. 20.3 If your company wishes to avail themselves of this program,you can register online for E-Verify at hitps://www.vis-dhs. com/EmployerRegistration, which provides instructions for completing the registration process. At the end of the registration process, you will be required to sign a Memorandum of Understanding (MOU) that provides the terms of agreement between you as the employer, the SSA, and DHS. An employee who has signatory authority for the employer can sign the MOU. Employers can use their discretion in identifying the best method by which to sign up their locations for E-Verify. To find out more about E-Verify, please visit www.dhs.gov/e-verify or contact USCIS at 1- 888-464-4218. ARTICLE 21—PERFORMANCE EVALUATION 21.1 Contractor Evaluation 21.1.1 The Contractor's performance shall be evaluated during and after completion of the Project. The evaluation shall be based on the information contained within the Weekly Risk Report and shall account for fifty(50) percent of the Contractor's Past Performance Information(PPI) score. ARTICLE 22—ALLOWANCES 22.1 Allowance Work 22.1.1 When the County determines, at its sole discretion, that it wishes to include an Allowance in the Contract, said amount shall be included in the Contract Price,Article 2 of the Contract(Part E). 91 ��;L-91 Van Fleet Water Production Facility Improvements BVP 13-196 22.1.2 Allowance Work, in the amount of five percent (5%) of the engineer's/architects' estimate may be included in the Contract Price. No individual allowance request shall be greater than $40,000 without approval of the Board of County Commissioners. The Contract Work and all Allowance Work shall be performed in full compliance with all requirements of the Contract Documents. The sum of all approved Allowance Work performed pursuant hereto shall not exceed the amount of the Allowance. When all Work has been completed under this contract any balance of the original Allowance remaining at the completion of all Work shall be deducted from the Contract Price. 22.1.3 The number of calendar days specified in the Contract for performance of the Work may, at the County's sole discretion, include a total time allowance of no more than 30 days or ten percent(10%) of the time specified at the time contract award for final completion of the Project, whichever is less, for performance of Allowance Work. When all Work has been completed under this contract any time set aside for Allowance Work remaining at the completion of all Work shall be deducted from the Contract Time. 22.1.4 Upon a determination by the County Manager or his designee that certain construction work for which detailed specifications were not prepared or the scope of such work was not fully established at the time the County entered into a contract and upon determining that, for the purposes of expediency and efficiency, it would be in the County's best interest to have said work completed by the Project's Contractor,the County Manager or his designee will take appropriate action pursuant to the"Allowance" provision established under the Contract for the Project. 22.1.5 All charges and time for Allowance Work must be pre-approved in writing by the County Manager or his designee. Said written pre-approval shall be in the form of an Allowance Authorization Release (AAR), which shall describe in detail the Allowance Work to be performed, the price for the Allowance Work and the time, if any, allocated for performance of the Allowance Work, as well as containing the authorizing signature of the County Manager or his designee. The Contractor shall not be authorized to perform any Allowance Work without the required AAR. ARTICLE 23—ANNUAL APPROPRIATIONS 23.1 Appropriations 23.1.1 Contractor acknowledges that the County, during any fiscal year, shall not expend money, incur any liability, or enter into any agreement which, by its terms, involves the expenditure of money in excess of the amounts budgeted or the reduction of revenues for those budgeted agreements that may be available for expenditure during such fiscal year. Any agreement, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such agreement. Nothing herein contained shall prevent the making of agreements for a period exceeding one year, but any agreement so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the County's performance and obligation to pay under this agreement is contingent upon annual appropriation. 92 Van Fleet Water Production Facility Improvements BVP 13-196 EXHIBIT 17 SUPPLEMENTARY CONDITIONS OF CONTRACT These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. 1) Qualifications Contractor must be a State of Florida licensed General Contractor. 2) Definitions The term"OWNER" as used throughout the Technical Specifications, has the same meaning as the term "County" as used in the General Conditions. The term"ENGINEER" as used throughout the Technical Specifications, has the same meaning as the term"Professional" as used in the General Conditions. 3) Workday The term"Workday" as used throughout the Technical Specifications, shall be defined as 7:00 am to 5:00 p.m., five days per week, except for County holidays. Alternate work hours (up to 24 hours/day or weekends)will be considered and may be allowed at the request of the Contractor. Written permission shall be obtained from OWNER/ENGINEER by Contractor to perform work on these days. 4) Project Location The project is located at the Van Fleet Water Production Facility site, located at Waverly Barns Road, Davenport Florida, 33897. Project is located in the Northeast Regional Utility Service Area(NERUSA)next to a commercial development and Contractor shall provide adequate facilities to minimize disruption to local traffic. Contractor shall provide noise control, access control to ensure site security and erosion control to prevent damage to private property. 5) Continuous Service The Van Fleet WPF is the primary source of potable water for the residents in Northeast Polk County. Providing a continuous and non- interrupted potable water supply to the residents is of utmost importance and will be the Contractor's sole responsibility during the course of the project. Contractor will coordinate with Polk County Utilities Operations on the day to day operation of the WPF and will plan any shutdown at least 5 days in advance. 93 � 1z - 93 t0 � 5� 13 Van Fleet Water Production Facility Improvements BVP 13-196 ►2 G'� . In the event of an unplanned or emergency situation, Polk County Utilities Operations will be notified immediately and repairs/recovery will commence to restore potable water service. Contractor will be financially responsible for repair and any loss of revenue to the County, due to the Contractor's action or any actions of the Contractor's subcontractors. 6) As-Built Record Drawings Contractor shall be responsible for as-built drawings and providing Engineer data for the Record Drawings. As-Built shall be submitted by the Contractor with the Certificate of Substantial Completion. 7) Shop Drawings Contractor shall be responsible for shop drawings and as-built drawings. Shop drawings shall be submitted to the County and Engineer(total of 6 sets) within 30 days of Pre- Award Meeting. 8) Permits County has obtained the following permits; • The Florida Dept. of Health has issued the Public Water System Construction Permit, for the Van Fleet WPF Imp., Permit No. 127239-327, obtained by the County. • Polk County Level 2 DRC Approval. • FDEP Environmental Resource Permit Permits are attached to this BV Solictation. Contractor shall be responsible for obtaining and paying for all other permits not specifically listed as provided by the County. Upon notice of award Contractor shall immediately apply for all applicable permits to perform the work form the appropriate regulatory agencies. Contractor shall bear all cost. Permit fees shall not be included in base bid. Contractor shall submit a separate invoice to the County for reimbursement of permit fees as stated in the General Conditions. 9) Site Access Contractor shall be responsible for ensuring site is secured each day. Contractor shall be responsible for all tools, materials and equipment. Coincident with the construction of this project, other contractors may be working on the site,under contract to the County. Contractor will provide full access to the site and will not in any way hamper the efforts of other contractors. Contractor will coordinate with the other contractors to insure minimum interference. 94 Van Fleet Water Production Facility Improvements BVP 13-196 10) Calculation of Liquidated Damages The parties acknowledge that it would be difficult or impossible to accurately determine the amount of actual damages the County would or may incur as a consequence of the Contractor's failure to timely deliver the Project Work in accordance with the Contract Documents. Accordingly, in lieu of assessing actual damages if the Contractor fails to timely deliver Project Work,the parties confirm that: (i)the assessment of liquidated damages is reasonable and appropriate; (ii)the terms and the amount(s) of the liquidated damages stated below are reasonable; and (iii) the liquidated damages will be assessed as the County's remedy under such circumstances and not as a penalty. Inspection Services 8 hours per day @$100.00 per hour $ 800.00 Project Management 2 hours per day @ $150.00 per hour $ 300.00 Mileage 100 miles per day @ $0.55 per mile $ 55.00 Other Miscellaneous Project Expenses $ 45.00 Total Daily Liquidated Damages $1,200.00 Should the Contractor request and be granted additional time to reach Substantial Completion via change order(s), the last revised date shall be the date used to calculate the time for which liquidated damages will be assessed. 11) RFI Logs Contractor will generate and maintain a Request for Information (RFI) log on all RFIs submitted in order to ensure proper recording. The log should include the date that the RFI was issued, the RFI subject and matter,the Professional to which the RFI was submitted, the RFI resolution, and the date the RFI answer was received. 12) Contract Time Contractor shall provide a schedule of the major project milestones. Schedule shall be provided in Microsoft Project format. The contract time for this project will be defined as the total number of calendar days from Notice to Proceed to achieve Substantial Completion. Allow 60 calendar days from Substantial Completion to Final Completion. Unless otherwise specified in the contract documents, the warranty period for completed work shall be extended to one year from the approval of final application of payment and acceptance by the County and is changed from substantial completion as stated in the General Conditions. 13) Project Sign Contractor shall provide a project sign per the attached details. 14) Conflict of Interest 95 Van Fleet Water Production Facility Improvements BVP 13-196 The awarded hereunder is subject to the provisions of Florida Statutes Chapter 112. All Contractors must disclose with their Submittal the name of any officer, director or agent who is also an employee of the County or any of their agencies. All Contractors must disclose the name of any County employee who owns, directly or indirectly, any interest of any amount in the Contractors firm or any of their branches. 15) Assignment The BV Contractor may not make any assignment of the resulting contract between the parties without written authorization from the County. 16) Security Forfeiture If after receipt of Notice of Award the successful Contractor refuses or otherwise neglects to execute and deliver the required Contract or fails to furnish the required Public Construction Bond, or any required insurance certification within a reasonable time, the amount of the Contractor's BVP security (Proposal Bond) may be forfeited and the award rescinded if such action is deemed to be in the best interests of the County. The Procurement Director will make the determination of"a reasonable time". Delivery within ten (10) calendar days is requested. No plea of mistake in the BVP or misunderstanding of the conditions of forfeiture shall be available to the Contractor for the recovery of their Proposal security or as a defense to any action based upon the neglect or refusal to execute the required agreement or furnish the required bonds and insurance certification. 17) Laws, Codes and Regulations The Contractor shall familiarize itself and comply with all Federal, State, County and City laws, codes, ordinances or regulations controlling the action or operation of those engaged in the Work, or affecting materials or methods used, and govern itself in accordance with them. If the Contractor observes that there are conflicts between the Drawings and Specifications or between any other documents, they shall promptly notify the County in writing. Failure of the Contractor to notify the County of these variances shall not provide relief for compliance to the document as may be interpreted by the County. The Contractor shall hold harmless, to the fullest extent permitted by Florida Law, the County and all of its officers, agents or servants against any claims or liability arising from, or based upon the violations of any such laws, by-laws, ordinances, regulations, orders or decrees, whether by itself or their employees. 18 ) Standard Basis for Responding Where a particular system, product or material is specified by name, it shall be considered as a standard basis for responding and as the most satisfactory for its particular purpose. Where two or more products, materials or manufacturers are specified by name, each shall be considered as a predetermined equal and acceptable for its particular purpose; and the Contractor may use any of the listed items within their submittal. 19) Florida Public Entity Crime Statute 96 Van Fleet Water Production Facility Improvements BVP 13-196 A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract or provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public,work, may not submit proposals 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 in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. [(Florida Statutes Section 287.012(11)(16), Section 287.058, Section 287.133, paragraph (2)(a)] By submitting this proposal, Contractor hereby certifies that it is in compliance with said statute. 20) Preference for Drug-Free Workplace Whenever two or more submittals which are equal with respect to price, quality and service are received; preference shall be given to a submittal received from a business that certifies that it has implemented a drug-free workplace program in accordance with Florida Statutes, Section 287.087. If there are two or more submittals that are equal and also certifies as a drug free workplace,then the tie shall be broken as per the Polk County Procurement Procedures. 21 ) Requirement to list Subcontractors The Contractor must list the subcontractors, other persons or entities (including those who are to furnish materials or equipment fabricated to a special design) and the associated costs for those subcontractors that are noted as a key component of the Work. During the execution of the Contract the successful Contractor shall be as fully responsible to the County for the acts and omissions of their subcontractors and of persons either directly or indirectly employed by them as they are for the acts and omissions of persons directly employed by them. The successful Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the Work to require compliance by each subcontractor with the applicable provisions of the Contract. Nothing contained in the Contract shall create any contractual relation between any subcontractor and the County. 22 ) Women/Minority Business Enterprise Outreach (WMBE's) The County hereby notifies all Contractors that W/MBE's are to be afforded a full opportunity to participate in any solicitation by the County and will not be subject to discrimination on the basis of race, color, sex or national origin. The County asks that Contractors make good faith efforts to use qualified W/MBE subcontractors in preparing their Submittals. The W/MBE's must be identified as such on the subcontractors list. Contractors are encouraged to contact the Supplier Diversity Office, at (863) 534-5959 or (863) 534-5901for assistance. If a Contractor makes a good faith effort to find and utilize qualified W/MBE subcontractors, but is not successful, they have fulfilled the Good Faith Effort required. Good Faith Effort shall be described as the effort put forth by Contractors on construction proposals to solicit prices from women/ minority contractors. 23 ) Equal Opportunity for Contractors and Subcontractors 97 Van Fleet Water Production Facility Improvements BVP 13-196 Pursuant to U.S. Executive Order 11246, as amended, you are advised that under the provisions of government contracting, and in accordance with the Executive Order, certain contractors and subcontractors are obliged to take affirmative action to provide equal opportunity without regard to race, creed, color, national origin, age or sex. 24) Additions/Revision/Deletions Additions, revisions or deletions to any part of the Solicitation that changese the intent of the Solicitation will cause the Submittal to be non-responsive and the Submittal will not be considered. The Procurement Director shall be the sole judge as to whether or not any addition, revision, or deletion changes the intent of the Solicitation. 25) Unit Prices Unless otherwise stated in this document unit prices will be utilized to adjust the total compensation due the successful Contractor based on actual quantities provided as part of the Work and verified by the County. Significant changes in quantities, including deletion of any particular item are possible. Negotiation of unit prices shall not be allowed except under conditions of Force Majeure, where those conditions are sufficiently documented to the full satisfaction of the County. No other claim to negotiate unit prices will be considered. 26) Additional County Contract Termination Rights In addition to any other termination rights stated in the Contract, the County may immediately terminate this Contract upon the occurrence of any of the following events: (i)The Contractor is found to have submitted a false certification to the County with respect to whether the Contractor: (A) is on the Scrutinized Companies with Activities in Sudan List, (B) is on the Scrutinized Companies with Activities in the Iran Petroleum Energy Section List (as both such lists are created pursuant to Florida Statutes, Section 215.473); or (C) has business operations in Cuba or Syria; or (ii)the Contractor: (A) is placed on the Scrutinized Companies with Activities in Sudan List; or (B) is placed on the Scrutinized Companies with Activities in the Iran Petroleum Energy Section List; or (C) engages in business operations in Cuba or Syria 98 o ;L Van Fleet Water Production Facility Improvements BVP 13-196 EXHIBIT 18 SPECIAL CONDITIONS The County reserves the right to purchase all equipment, materials, and supplies that are components of a construction bid, but generally will purchase only major equipment, materials, and supplies. When the County exercises this option the following procedures shall be used for ordering, receiving, and paying for the component selected. BID PRICES The bid must include the appropriate Florida State sales tax for all components of the bid that makes up the lump sum amount submitted. ORDERING The County may exercise its right to direct purchase any component of the bid in order to save the sales tax on the selected component, which may include equipment, materials, and supplies contained within the bid. The items selected would then be purchased directly from vendors the contractor used to submit their bid to the County and therefore made a part of the construction contract executed with the County. The Contractor shall fully cooperate with the County, providing information for the preparation of purchase orders for these direct purchases, monitoring deliveries, and approving invoices. Following receipt of a sales tax savings form from the Contractor the County will issue a purchase order to the material supplier for the component selected for owner direct purchase (ODP). The purchase order will be sent to the Contractor, who shall verify that the order was issued correctly, and if so, send to the material supplier. A separate form shall be used for each item selected for ODP. The contract will be reduced by the amount of all construction materials selected by the County, for direct purchase. A Certificate of Entitlement will be issued with each purchase order. The Contractor will keep a copy and forward the original with the purchase order to the supplier. EXPEDITING The Contractor shall be responsible for expediting delivery to ensure that material is received on time to maintain the construction schedule. RECEIPT The Contractor shall sign for and receive all materials; and retain packing slips and delivery tickets for all materials delivered for the project. The Contractor and subcontractors shall be responsible for the safe care, custody and control of all materials. BILLINGS/PAYMENTS 99 11 �. q'q Van Fleet Water Production Facility Improvements BVP 13-196 All ODP's shall be billed to the County in care of the Contractor. The Contractor shall check all invoices for accuracy and completeness when received. The Contractor shall be responsible for immediately notifying the supplier of any billing errors and requesting corrected invoices as necessary. Receipts and invoices must be processed in a timely manner in order to take advantage of any discount payment terms and all discounts shall accrue to the County. The Contractor shall prepare a direct purchase report for the County upon submittal of each pay request. OTHER CONSIDERATIONS The County shall have title to all items of which any payment has been made under these provisions. The selection of ODP for any item contained within the bid does not relieve the Contractor from liability for that item as it may be related to the quantity ordered, the maintenance and care of the item when delivered, or the installation or incorporation of the item in the work to be performed in accordance with the contract documents. The Contractor shall maintain products liability insurance, which shall include ODP items, as required for the normal practice of general contracting. The County shall have access to all necessary records in order to conduct audits to determine the correctness and accuracy of any item purchased in accordance with these provisions. 100 174, • � e0 Van Fleet Water Production Facility Improvements BVP 13-196 SALES TAX SAVINGS FORM CONTRACT# DESCRIPTION OF PROJECT Materials (1) Amt in Contract (2) Sales Tax (3)Net Amt for Purchase (1) This is the amount to be deducted from contract by change order. (2) The amount of the sales tax included in the material purchase line item supplied by contractor. (3) The amount to be used by Procurement to make the material purchase per the contractor's stated quantities. 101 Van Fleet Water Production Facility Improvements BVP 13-196 r Fran McAskill 330 West Church Street Director PO Box 9005, Drawer AS05 Procurement Division Bartow, FI. 33831-9005 Phone: 863.534.6757 Fax: 863.534.6789 www Polk-county.net CERTIFICATE OF ENTITLEMENT The undersigned authorized representative of Polk County (hereinafter "COUNTY"), Florida Consumer's Certificate of Exemption Number 85-8012622308C-3 affirms that the tangible personal property purchased pursuant to Purchase Order number from _ (Vendor) on or after (date) will be incorporated into or become a part of a public facility as part of a public works contract pursuant to Contract Number with (Contractor) for the construction of (Project). COUNTY affirms that the purchase of the tangible personal property contained in the attached Purchase Order meets the following exemption requirements contained in Section 212.08(6), Florida Statute, and Rule 12A-1.094, Florida Administrative Code: (each item must be initialed) The attached Purchase Order is issued directly to the Vendor supplying the tangible personal property the Contractor will use in the identified Public Works Project. The Vendor's invoice will be issued directly to COUNTY. Payment of the Vendor's invoice will be made directly by COUNTY to the Vendor from public funds. COUNTY will take title to the tangible personal property from the Vendor at the time of purchase or delivery by the Vendor. COUNTY assumes the risk of damage or loss at the time of purchase or delivery by the Vendor. COUNTY affirms that if the tangible personal property identified in the attached 102 Van Fleet Water Production Facility Improvements BVP 13-196 Purchase Order does not qualify for the exemption provided in Section 212.08(6), F.S., and rule 12A-1.094, F.A.C., COUNTY will be subject to the tax, interest, and penalties due on the tangible personal property purchased. If the Florida Department of Revenue determines that the tangible personal property purchased tax-exempt by issuing this Certificate does not qualify for the exemption, COUNTY will be liable for any tax, penalty, and interest determined to be due. I understand that if I fraudulently issue this Certificate to evade the payment of sales tax, I will be liable for payment of the sales tax plus a penalty of 200% of the tax and may be subject to conviction of a third degree felony. Under the penalties of perjury, I declare that I have read the foregoing Certificate of Entitlement and the facts stated in it are true. Procurement Director Signature of Authorized Representative Title Polk County Purchaser's Name (Print or Type) Date Federal Employer Identification Number: 59-6000809 Telephone Number: (863) 534-6757 103 `tea - i a3 Van Fleet Water Production Facility Improvements BVP 13-196 EXHIBIT 19 CERTIFICATION (Florida Statutes, Section 287.135) SOLICITATION NO.: BVP 13-196 PROJECT NAME: Van Fleet Water Production Facility Improvements of (the The undersigned, as political "Contractor"), a Florida corporation,hereby certifies the following to Polk County, a p subdivision of the State of Florida,by and on behalf of the Contractor in accordance with the requirements of Florida Statutes, Section 287.135: (i) the Contractor is not on the Scrutinized Companies with Activities in Sudan List; and (ii) the Contractor is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List (as both such lists are created pursuant to Florida Statutes, Section 215.473); and (iii) the Contractor does not have business ooperations t nds (as that term is defined in Florida Statutes, Section 287.135) in Cuba oSyria; (iv) the Contractor was not on either of the oregoing lists or bid to the County;conducting business operations in Cuba or Syria when it submitted itsand (v) the Contractor is fully aware of the penalties the County regardring the foregoing upon matters; Contractor for submitting a false certification to matters; and (vi) the undersigned is duly authorized to execute this Certification by and on behalf of the Consultant. , Executed this day of 201_. ATTEST: Contractor By: By PRINTED NAME: PRINTED NAME: ItS: Its: 104 172 - � a� Van Fleet Water Production Facility Improvements BVP 13-196 EXHIBIT 20 PROJECT SIGN TEMPORARY CONSTRUCTION SIGN A POLK COUNTY - (�1 ; BOARD OF COUNTY COMMISSIONERS COLOR Utilities Department COUNTY SEAL N� 71'OIA. (861.298.4100) CommistionorsALUMINUM W Jack R.Vey6rs -District 3 Community Investment Program ' GDMPosn-E 1 Bob Enblish 1 -District I 4'-0' PANEL - Randy Wilkipson -District 2 _ o Paul Senft -District 4 Dinner Lake Sam Johpsot) "District Water Production Facility Improvemehtsl 1 Cost:$347,699.00 ........__.... � j BLUE WHITEI LETTERING BACKGROUND Engineer .Chastain-Skillman,Inc. Contracp r CenState Cwnracturs,Inc.4963)124-3882 J'rogmm Managnr�# 's 1 4 z 4 PRESSURE TREATED POST ....._ ... !...... ..._.. 1. ALL LETTERING TO BE BLACK EXCEVr AS NOIEU. 2. SIGN SHALL BE PURCHASED FROM GRAFFIX NOW(863)687-9274 OR a APPROVED EQUAL. 3. MOUNT ON 4'X 4"PRESSURE TREATED WOOD POSTS. 4. SIGN HEIGHT TO BE APPROXIMATELY 40'FROM TOP OF GROUND. 5. CONTRACTOR TO INSTALL AND MAINTAIN SIGN FOR DURATION OF PROJECT AT LOCATION DESIGNATED BY ENGINEER.DISPOSE OF SIGN AT END OF PROJECT AS DIRECTED BY POLK COUNTY REPRESENTATIVE. e. SUBMIT SHOP DRAWING OF SIGN INSTALLATION WITH 8 1J2"X 11"PROOF COPY OF SIGN LAYOUT FOR APPROVAL. Li1 4-0 MIN ! n 105 0 S P��. Regular Agenda Item � GC + !�` INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: September 26, 2013 To: Joseph A. Baird,County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E.,Capital Projects ManagerAW Terry Southard, Utility Operations Manager (" Subject: Change Order No.1 for the Water Plants Lime Slurry Injection Project—UCP 2715 Bid No:2013028 DESCRIPTIONS AND CONDITIONS: The Indian River County Board of County Commissioners (BCC) awarded the contract for the Water Plants Lime Slurry Injection Project to R.J. Sullivan Corporation at a cost of$2,549,000.00 on May 7, 2013. Notice to proceed was issued on August 21, 2013 to R.J. Sullivan to start the work at the North and South Water Treatment Plants. In the meantime, Indian River County Department of Utility Services (IRCDUS) advertised for bids to replace the existing Acid Tank at the South County RO Water Treatment Plant. The acid tank replacement bid was open July 11, 2013. At the August 20, 2013 BCC meeting, Staff recommended rejecting the sole bid received since it was significantly higher than the Engineer's estimate of probable cost and requested authorization to re-bid. BCC approved rejecting the subject bid. Acid is an important chemical in the treatment process. Given the age and deteriorated condition of the Acid Tank coupled with the lag time involved in the procurement process, IRCDUS requested a tank replacement proposal from the current contractor, R.J. Sullivan Corporation. They submitted a proposal to our consultant Kimley-Horn and Associates on September 23, 2013. ANALYSIS: R.J.Sullivan Corporation submitted a proposal to replace the Acid Tank for a lump sum amount of $189,527.00 which is $ 88,888.00 less than the sole bid received on July 11, 2013. Staff and our consultant have evaluated the proposal and believe that the scope and fee are reasonable. The Change Order No.1 will add $ 189,527.00 to the current contract amount of $2,549,000.00 for a total of$2,738,527.00. FUNDING: Funds for this project are derived from the S. County RO Acid Tank Replacement budget in the operating fund. Operating funds are generated from water and sewer sales. ACCOUNT NO.: Description Account Number Amount S.County RO Acid Tank Replacement 471-169000-13505 $189,527.00 173 Page 1 of 2 RECOMMENDATION: Staff requests the Board waive re-bidding the Acid Tank replacement project and recommends approval of the attached Change Order No.1 authorizing the above-mentioned work. Staff requests the Board to authorize the Chairman to execute the attached Change Order No. 1 on their behalf for a sum amount of $ 189,527.00 to R.J. Sullivan Corporation increasing the total contract amount to$ 2,738,527.00. ATTACHMENT(s): 1. Change Order No. 1 2. Proposal from R.J.Sullivan Corporation APPROVED FOR AGENDA: By: Indian River Co. Appro d Date sepl4A. Baird, County Administrator Administration /040-3 Legal For: �� Budget / /3 Date Utilities ►o , 13 Utilities-Finance �j w•l-l� 'i F:\Utlitles\UTILITY-Engineer ng\1NTP-North RO\.ime Slurry Inlecdon Project-UCP 271S\Admin\Agenda-Change Order No.1 to Rl.doc Page 2 of 2 174 SECTION 00942 -Change Order Form No. 01 DATE OF ISSUANCE: l01 13 EFFECTIVE DATE: OWNER: Indian River County CONTRACTOR R.J. Sullivan Corporation Project: RO Plants Lime Slurry Injection Project No. UCP 2715 Bid No. 2013028 You are directed to make the following changes in the Contract Documents: Description: Replace failing bulk acid storage tank at South RO plant, including transfer piping, and containment coating Reason for Change Order: Emergency replacement of failing acid tank Attachments: (List documents supporting change) See Price proposal from RJ Sullivan, including breakdown of costs. CHANGE IN CONTRACT CHANGE IN CONTRACT TIMES PRICE: Description Amount Description Time Original Contract Price Original Contract Time: (days or dates) $2.549.000.00 Substantial Completion: 210 Final Completion: 240 Net Increase(Decrease) $0.00 Net change from previous Change from previous Change Orders No.0 to 0: (days) Orders No. 0 to 0: Substantial Completion: 0 Final Completion: 0 Contract Price prior to this $2.549.000.00 Contract Time prior to this Change Change Order: Order: (days or dates) Substantial Completion: 210 Final Completion: 24 Net increase (decrease)of $189,527.00 Net increase (decrease) this this Change Order: Change Order: (days or dates) Substantial Completion: 2Q Final Completion, 20 Contract Price with all $2,738,527.00 Contract Time with all approved approved Change Orders: Change Orders: (days or dates) Substantial Completion: 230 Final Completion- 260 ACCEPTED: RECOMMENDED: APP VED: RJ Sullivan Corp. Kimley-Hqm an c Inc' India I Utilitie By: By: 5By: CONTRACTOR (Signature) ENGINEER (Signature) OWN R Date: Date:9/30/2013 Date: t0 p 00942-Change Order Form.doc 00942-1 KUPS Civi110445720Z2-IRCU BtehlltntionlConstrudionlChenge Order=42-ChenN Order Fonn.doo Rev.M1 175 r' Sullivan Corp. GENERAL CONTRACTOR September 23, 2013 Mr. Mark Miller Kimley-Horn and Associates, Inc. 1920 Wekiva Way, Suite 200 West Palm Beach, FL 33411 Re: Indian River County Utilities R.O. Plants Lime Slurry Injection Acid Tank Replacement PCO 01 Dear. Mr. Miller, We are pleased to submit our bid to perform the additional work shown on the Drawings and Specifications for the "South R.O. Acid Tank Replacement". We are offering two separate proposals for two different systems. Option One is based upon using Halar as the carrier pipe. Option Two 2 is based upon using PVDF as the carrier pipe. Both systems are based upon using polypropylene as the containment pipe. Our quote for this work is as follows Option One = $189,527.00 Option Two = $198,053.00 In addition to the above, we shall need an additional 20 calendar days to perform the work. If you would like for us to proceed with either of the two options above, please issue your written acceptance of this proposal and authorization to proceed. Sincerely, Obert D. Mullen Project Manager cc: Proposed Change Order File, Job 348 2001 N.W. 22nd Street- Pompano Beach, FL'33069 Phone 954-975-0388 - Fax 954-975-3333 176 OPTION 1 Description Labor Material Temporary Acid System 12,500.00 Tank 51,063.00 Pipe,Valves, Fittings 23,192.00 Painting 31,050.00 Instrumentation/Controls 3,304.00 Electrical 4,467.00 Concrete Work 4,769.00 Piping&Tank Labor 28,584.00 Subtotal 158,929.00 15%OH& P 25,118.00 Subtotal 184,047.00 Bond& Insurance 5,480.00 Total Quoted Amount 189,527.00 177 ('otutly Atlot-rney's Mauets- 10.08.lj Office of 13 A �-- INDIAN RIVER COUNTY A 40 ATTORNEY D)lan Reingold,County Attorney Wilham K.DeBraal,Deputy County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: September 3, 2013 �k SUBJECT: Hawk's Nest/Indian River County Re-Use Water Agreement BACKGROUND. In 1987, Indian River County and Hawk's Nest Associates, Ltd. entered into an agreement for the delivery and use of reclaimed water at the Hawk's Nest Golf Club (the "Agreement"). In the Agreement, the County agreed to deliver and Hawk's Nest Associates, Ltd. agreed to accept 1,000,000 gallons of water per day of reclaimed water. 700,000 gallons of water per day would be without cost to Hawk's Nest Associates, Ltd. and the additional 300,000 gallons of water per day would be at a charge. The Agreement was for 40 years, and will be in effect until at least 2027. For the past two years, the County Attorney's Office, in consultation with the Utilities Department, has been communicating with Hawk's Nest Golf Course, Inc. concerning the validity of the Agreement, specifically with respect to the legal authority to bind the County to providing 700,000 gallons of per day of reclaimed water for free for 40 years. The issue for the County is the ability to recoup the costs for providing the reclaimed water. These communications have culminated in a letter dated February 27, 2013, from Steve Henderson to Vincent Burke,in which he states the following: Indian River Co. Appr4kved Date Approved for October 8,2013 BCC Meeting Admin. JO 3 County Attorney's Matters Co.Atty. Budget Department ISO COUNTYATTORNEY Risk Management --. -. iWurvVlid+KiEVFAAGBCL11,tinde�&>ae Ur nn Hmi',Nea Reay.annl/dr 178 Board of County Commissioners Page 7'vt,o September 3, 2013 We think the 1987 Agreement is valid and enforceable and would hope that the county would honor its obligations thereunder. On the other hand, both the club and the county have enjoyed a cordial relationship over the last twenty five years and we would like to see that relationship continue. if the County has any reasonable proposals that it would like to make regarding the possible amendment of the Agreement, the board of governors of the club would carefully consider any such proposal. The County Attorney's Office is seeking guidance as to whether the Board desires to have our office propose a reasonable proposal for an amendment to the Agreement that would allow the County to recoup some or all of its costs in providing reclaimed water to the Hawk's Nest Golf Club, and to bring any potential amendment to the Board. FUNDING. There is no funding associated with this agenda item. RECOMMENDATION. The County Attorney recommends that the Board consider the above issue and either (1) authorize the County Attorney to propose a reasonable proposal for an amendment to the Agreement which would allow the County to recoup some or all of its costs in providing reclaimed water to the Hawk's Nest Golf Club, or(2)instruct the County Attorney's Office to cease discussions concerning the matter. ATTACHMENT(S). 1. Agreement between Indian River County and Hawk's Nest Associates, Ltd. for the Delivery and Use of Reclaimed Water,dated April 7, 1987 2. Letter from Steven L. Henderson, Esq. to Vincent Burke,dated February 27, 2013 DTR:LAC F UrrvrrwvlUrc6'Gfa'DLAL18 C CWW d�Al—OUWal.(Novi 4 hks R,—ft—,)Aa 179 �-f 4/10/87 UTIL TGP:h (AGRMHAWK.TGP) AN AGREEMENT BETIJEEN INDIAN RIVER COUNTY AND HAWK'S NEST ASSOCIATES LTD FOR THE DELIVERY AND USE OF RECLA M D WATER THIS AGREEMENT is made and entered into on �� April 7th �_� 1987, between INDIAN RIVER COUNTY ("County") ' subdivision of the State of Florida, and HAWK',S,NESTa ASSOCIATES, LTD. , a Florida Limited Partnership, the address or principal place of business of which is 570 Beachland Boulevard, Vero Beach, Florida 32963, hereafter referred to as the "Owner. " BASIS FOR THE AGREEMENT The County operates and maintains a publicly-owned waste- water treatment plant, known as the Gifford Treatment Plant, which will be capable of producing reclaimed water- which may be used for productive and beneficial purposes such as irrigating golf courses and pasture land. The Owner now owns and operates a private golf course of approximately 150 acres of land which is described in Exhibit "A", and has an option on an additional 50 acres of land which may be added by mutual agreement, which property is described in Exhibit "B", "the Property, " attached and made a part hereof by reference. The Owner warrants that it owns title to the property in Exhibit "A" in fee simple without liens or encumbrances, or, if the land is encumbered, that all holders of rights by lien or encumbrance have joined in this agreement, as evidenced by an attached consent form., with the intent to b-0 bound to the extent of their interest.. Both parties understand that the County will rely upon this Agreement in the design, construction, and operation of the treatment, transmission, and distribution. systems for delivery of reclaimed water to the Owner and for a disposal method necessary for the operation of the Gifford Treatment Plant. It is also understood that federal funds may be used by the County for the design and construction of the. system, also in reliance upon the commitment of the Owner to use reclaimed water for the term of this Agreement. TERMS AND CONDITIONS In consideration of the commitment of the County to deliver at a. point so designated by the County reclaimed water at no cost to the Owner and the commitment of the Owner to receive and beneficially use this water for the purposes set forth in this cohditions: Agreement, the parties agree to the following terms and -1- 180 1• 'fER1N OF THE AGREEMENT• R CORDING A. The County shall deliver and the l use reclaimed water Owner shall accept Gifford Treatment produced by the County at and facilities, dor a to plant, or I other equivalent date of execution rm of forty ' (40) years fromalthe anticipated of this Agreement. but not warranted, that deliveryit is will commence in calendar year 1g&7, Agreement shall be The e °f water renewed automaticallyterm of this year beyond the initial 40 year term unlessom year to by either ' party by Written notice ternninated one (1) year in advance of the endgiven not less than year term or any extension thereof. given the initial 40 B. Upon execution by both parties, this binding as Agreement shall be binding upon covenant running the P any subsequent t owner Property, and commitments undertaken b the Ownereat unless the provided herein. This Agreement, are modified as incorporating its terms and a short form may be recorded in the Official Conditions by reference, County. Records of Indian • River 2, USE OF R C MED WA ER• 0,11 ER S RR G O S A. The Owner shall Count use reclaimed water delivered by the y for golf course irrigation or thatPurpuse in any manner determined b other similar that use of the reclaimed water y the Owner with state shall be except and federal regulations. consistent the Owner discharge m In tl event will waters of the g reclaimed water directly to surface authorization State of Florida without written Environmental Regulation the Florida Department of reclaimed water (FDER) . The Owner may apply alternate a in a *manner authorized application sites not developed the FDER on course. No separate permits theP d as a golf required by the Count P from FDER will be sites must be identified 'but and any alternate count pproval obtained The Ownerior t use of reclaimed water by the also take all reasonable these sites. including signs and labeling, to Precautions, between reclaimed water to prevent confusion sources, and other water B• The Owner system on ageees to install sufficiently in advance ys.o that reel irrigation extent necessa received and used within thirty aimed water will be written notice from the county days of receipt of commence. The Owner shall y that deliveries will approved by appropriate regulatoprovide, in a manner prevention device between its irrigationclessystem andbackfJow agen-2- 181 well which is maintained, so that reclaimed water will not 1 be discharged directly into groundwaters of the State. The Oriner shall be solely responsible for the location, ownership, operation, and maintenance of all portions of the irrigation system located within the boundaries of owner's property. _ 3. WATER QUALITY ' A. All reclaimed water delivered under this Agreement shall be treated by secondary treatment, filtration, and' chlorination in accord with all requirements of permits issued by state and .Federal regulatory agencies with jurisdiction over such activities. Likewise, reclaimed water shall, be of a quality which is appropriate for irrigation of golf courses. Reclaimed water delivered under this Agreement shall contain as much of the beneficial nutrients and minerals found in the influent stream of each treatment plant as is economically feasible, acceptable to regulatory agencies, and in accord with sound engineering practice. B. The County shall analyze the reclaimed water periodically to verify compliance with all permit requirements. C. If a problem does develop with water quality, the . County shall use its good faith effort to correct the problem by any reasonable method so that the goals of this Agreement may be complied with. 4 . VOLUME OF WATER; )ELI VERY SCHEDULE The County will deliver and the Owner shall accept : nd use a maximum of 1, 000, 000 gallons per day (g.p.d, ) of reclaimed water, comprised of 700, 000 g.p.d. without cost to the Owner and, by mutual agreement, an additional 3oo, 000 g.p.d. for which a charge may be made. The County may, a-t its discretion, install appropriate meters at the point of delivery so that the volume of reclaimed water delivered may be monitored. This water shall be delivered to a Point so designated by the County or any other point agreed to by the parties 'a-nd if delivery is made to a point within the Owner's Property boundaries, th-e Owner agrees to provide necessary easements for the construction, operation; and maintenance of the County's delivery system within the Owner's property. The County . shall consult with other parties entering into like agreements, if any, in order to establish among them a mutually beneficial delivery schedule for the quantity of water to be delivered, so that, under normal conditions, each party shall receive an allocation which shall be applied, ordinarily, within a forty-eight (48) hour period. Reasonable efforts will be made by the County to accommodate the irrigation systems and practices of the Owner and any other parties. 3 182 e5/26/2"'OB 12:9b Z 7.'.5143 Wt5: FACE 05 IRC UT1:.17Y PAGE 95 f n A, $9th partivs al�>a recaggrr>,l¢e conAit. ons. or unf. rasean circumstances arAdverae woathor t4in nand for rols�iMod avatar greater than the volume cot forth in Paragraph d. T 0 Owner stsarll have the right to draw additional water, Subjoat to availabillt. of reololmod water euppliea, duffing those events— the right to ahnrg� for Nater used in sxcoos of eser o0 gallons: per day. B. tt the count e I then delCo Y s t faftXMi.snion or daliv.axy *yystera :ails thisA'Ur"Meenntp�ylbeJnterrupteduorelimimedeir,i remant o: anysy.r 4-,jgm a�Y aq7�eoest tt, use wua;: Qiiiggnce Oh repairing c• Notwithstanding Ani Of the provisions of the AgrserAent to the contrary, th4 p0rtietr agree that the a1locRti.on to thee xhibit n o gallonage a:eti>wse.tta based ora ha A propartyy is an engineering beat available lnforx+ation. s3aaad a hittorionl ax rianca, the parties agree that the 11ngailonaga amount AY be Increased or decreased so that thore 16' tea best n possible, irrigation cater available :re lent, but of Qx0*Majya tansounts to irrigate the Rocha course faailii,, Y• in addition, in the evaant or A ase►chanionT ht'aak-don of the pumps or sprinkler Syakcsac of ownar which tH or rsdt►cba ' the ability of the Irrigation purpo,cp' aQeuein uttiliz011 b the owner for the holding ponds $ unywill Potential for cvor[low of setlPortg to divert tj *tirrigaticreAvater during gthe itigebeof meah4nical. difficul Y to Other are a1holuding, to the ext"t: Posaib", it# own storage, fec.ilitiea. County lurthar 49re a in timers attempt to rdof axts-+aha wet kvotrier t o holQing f4ci3lties ducep he 9:11onagg flow into the owners l o AV id a run-otf of thv irrigatinrs water onto the golf course. County agrees that it is not rx ow Across; reeque st that the ovarrflow ba takeb sa a sheat flow it us the 90;t course boo.... it Drill hlndez or AAraUibit Ura of the 'aourao during that t?ar+od of pipes and incerw�ncso thy+ ootab o} Maintenance of the course. �• raq sA,t to ty kill olparate with Owner concerning Owner's 0 Bt.t-O kaap OWner, Con s�4aaptiveiuse ptarmIt Active as a back-up os esapplensent avatar source. p . THAN ar—OWIMLIS COMTmH4 R. Thos wn*r'e,3 r+ Bancum a� prop�r x nl,All haft to soilo tranater, or be restricted by this _4- I I 183 —... �c uw r c Nay I hth1LR W_ E' 05/26i10001 1x06 a PA's 0Z 709143 Mr. U1ILIV,1 PAGE 86 Agreemaht, axcalpt hat written hatics of any proposed sale or transfer most a given to the Count noted in Section b hdroih, mt least thirtyth( 30)days pprior to the !sale r tranefar, and any subsequent party 1.n interelot shall by bli ated to receive and use the daily ollacation of real !reed water and tha buyer or tranaferao must trarnwfar,�utO and delLvOr to an a0knOVr�16Qgment andnacaeptanoprior toaihth�81® or owner's cOmmitmentlunder the same terms and conditions of prior this Agreertrant. � 1g8Q� to Other Lanes; vent, the pwrier m With Count�r�s can- van to other , land, Within the tthe CoontYla tra>nrnio ion and delivery s ViCs referred to ria "su rctitilted land") , ao atomyyon thereafter allocation of racy, head water 1Q to belu ng as the daily came ar similar tilized for the conditions As inIthics ggena pent.undethe grAme terms and mother owner, io transUreeenshall�falaranaxecute to an aoxnowleclgmant ettd c rptgnce of the Icariae and conditions Of this i►grraemrn in the flame, mahher deacribad in Paragraph �(n nbo 1" the event this Owner transfers the commitment l �a Agxamtaent to substituted land, the coat o! capital p�rovements and easement+ #oguisitions r , iced by the t pier to the mubstituted land shall be borne by the nor. or trthAfo ree, is�s rovrnento torr delivery of 'raoleritn6dAllwatorpitto MaInsti.tuted .laud mu t be designed, conatructred, owned, and maintained by the C' nty. 7. EXCUS A. If for any roamon dLranq the term of thia Agreement local , regional, state, os fmderal governmentu or agencies shall trail to iaeao nopeaaary par>dito or nf,pro•�aial, or shall I require any ctYanga in tha�operationaof the treatment, tran�misalo'n, and dalivery systema or the application and usglog r4olalned Vater by the owner, than to the extent that ouch. requirements shall Affect, the ability of any part ► to perform art o2 tato terms of this Agreement, the Arra ted party shall be excuead from the Derformance thaxpo and a new llyrsatnant shall he negotiated, 1t` pa mibla, by the portiere hereto 3n coslrormftyy with moo ppermits, aPs?xovs,lc, or rsqutreatantr, More apecirieally, I "Out excluding other action* which ex ar performance, b.y each governmental Performance on the roperty is impossible, and jr the Fp>iR tail>b to appprove or revokers approval or Alternate application sits# d4htilied by tbbtt °tinter es provided under Paragrpph Z(h and no other alto is available tc Owner which the Y u will approve, than the Owner's above.pgrformcncQ at1a11 bm OXcpasd in the ]nannar' eat forth BbOVa. -5J I 184 y 86'46%MO V 12:85 a ?3E14 � nit5� trt�al�rw� r PAGE 07 TRC UTILITY PAGE a7 f 0. The Count 's n7bli ationo undar this Agreement a,ay be terminated i! per ormance is prevented ii litigation, beyond ky to .issue or market IYuondR, or' Any Other event beyond ltha COunty'a control. QR A0Z2ZWEhT county part ore thO traatmont, tr ►hsmitheEXiriort to trazyrer®call or any arethor And to assign all or7pny park oP it9 righty end obli9esipto under this Agreement to an lternets supplier which shall and conditionAdobe " lualy Yet. be bound Y reaponbibia for all applicable Orrin 9. The County does not re resent yr warrant- that the volume of rec141mAd water delivered a all or warrant the phot t e v or Cha property or result in change to CoA lend cr any kind. The ONnor shall wdeure indOpondent advloorandgehationof make ar, indONndent judgmaent as to the use of the volume of Water described in Section 4. I 10. � All notiveB required or ' authorized under rhie h roament eheit be given in writing arAd Thal be served by mall vtr< the addree$0e 1latecd bslov� h9 parties at ""W - 1C: rNDIAN RIVER COUH'!'Y DIVIBION Or UT LrTy BERVICES 18,40 23TH 9TREft VY:RO gE11CH, F4RTpA 3296o The county shall have tIa .right, ucen written not, Owner, and when ramaonebl}' eceaaary to anter upon ce to the property, to rev4W and 1naps t the �w ® p the Owner's they relate to this Owner's s operating pradtloes ns betwaan the Agrarian and any ba0kllOW proVention davices maintained b they wn irrigation system and any well which is � the Owner. i I ! 185 lu,svw VR•4.7 or "JO4:tl VLz;1 1c GIONt,L fP 05;:6/20ED 1c^:96PA�� 96 `.t.1'705143 ' TR.0 U f 2t_1T4 PAGE 09 R `• 22. This Agraatnent is s►a1p11 ear thu benotit of the formal hereta and no right or cau d of action Sh111 the fo up°nportig, + reanon hereof, to or Por theban of qny third by party harato. Darty not a formal N i3. IP Any part Of talo Agraebant in louhd invalid or u by any court or by reanan o changgae in tedera2 unenforceable laws or affect the rules and regulatione, sugh UVOlidity or unanforceabllitye&hall not obligxtior�a a1`nthe parts coptain�d therein gra Agrooment if the 11ghkri and prejudiced, and it the Intan ians nt the parties can cot zNtorially efft►ctuated. To t1lat and, t is Agraf Chet is declared ontinue to be 1 4. j�IL? U�sE�pP or lnThis Agreement ShA1l noq b,l construed arc ng y grafi*e of any lAnd use orgeonin or caws,rtg permisAlons$ variances, Spec 1 axae tions or rights e9,itnpp9suri , to the property, p , g rarapect I s. This Agreement and the construed, controlled, a27Q in��ov181on11 contained herein shall be State of F1or1¢1, Is II prated according.tc the leWe Of .j14 16, �lfliILtq+a AHU Annmre •• This R ra4m*nt inoatpl rate® the nddatWl:�s which ure apsoirice�l fohexriibLte Y mad® a part oreanyt2 eraaand Cxhibit A - property Des4ription of initial 9&0 acres lExhibit 8 - Property Deg4ription of additionaa Sp aicrea THIN W2ITTTRT7 ACRl ENUT a ttekitUtQe the entire the parties and has been entered izthc voiuntarile�1eht bntWaen Independent advice and logal este a and nae bean y and with AUtharlthe modifications ropto, a d waive ve 4ch party on thA dateoarittgA babove. HodiPioatfons to, and waiver nnc3e In writing by the part,ra i "heretothe. psovisiono horeln, mllatl be i 1 i i I 186 '. '• ---- -- -- �_ ...�-. � nt�i rt�ILnvr.�; i r Px,�.� fly 051:6!2000 L2.06 Gam_1705141 LRC UTIt_ITv I PAGE 89 1 HhWX'a "EST ASSOCIATES, LTD. A Florlda Molted Parttiorship T Byx BUNKER UILL MANACrJ(EVT, INC, W t 4 — I GQ�sraI T"ar r Presicien; PATE of FLO6iIDA ! Comm OF iNCT11N RIVER SHORN To AKD SUBSCR bWD before fiet21ra uay of A ril 1987. his m y u � MY Commiacion Expirus; WMAr fWlo gl=4V low Nw'xMM4 tin. , and BY: 14WELL GOLF DEVZLOPME2IT CORP. Cenral Partnar w'1 Mila l --- .I wig`' a r.�. r".v.... Vein' W 1., STATE OF FLORIDA COUNTY Or INDIAN RIVER BWORM TO ANb �s19B7 z $p bol'OI@ me rthio day 4f otaa y My COMMifaion mxpirazz itilaar p"le Sun d hlprot or emit""w. --�alefide�+-StyM,M-sn*�@;-- , i 187 u'>! :+cvtouu 00—C.0 De 1J54Ib WEST Rr131G1JAL TP 70514? PArl 10 TRC uT1L17v PAGE le _ I i INDTAtV RrvbK COEINTV BOLD OF COUNTY COMMI88IONEkB C1eL' O r Oalr I- 8�= �► r •a Chat rman I � STATE or Y^ARkGl1 I COUN'T'Y or iNVIAN NI7JrR I WDRN TO XMD 6UBS4CRIUD botore ne ��-- —' 1907, i this" day of MY Coamimajon egplrea= eoYA�r row t v+u a YIGIPA fm uYlry Approved as t0 fOrm f anc� /la9r�1 ritif �ciet►cyc A rcvmc! ar to Admillistratiive { �+ar• G.ar a� Rnao cOuntY Attorray o • a -- -=— aoun y Adu►i1 tratar l Approv,od ho to Utdl fiat t.;prs g worit of I .t2 tY Sesviaes . I I s SII 188 Collins, Brown, Caldwell, Barlett, C)aravaglia &Lawn ORUCE D.nAlu¢Tr CHAITTERED 1 ROAM CERTFIEO CONSTRUCTION LAW USA T1/OMPSON imum s L N ATTORNEYS AT LAW Z ROAM[LATHED REAL ESTATE CALVIN n.DROWN 3 IWMD CERnF1ED DUSlNC55 IfTIGATION GEORGE D.COLLINS.JR.I TION .TANLTT cAnNEY cnooM t1' 756 BEAC/ILAND BOULEVARD,VERO BEACH,FLORIDA 32963 5 MAST"OF AA MKHAFL J.GARAVAGLIA' POST OFFICE BOX 3666,VERO BEACH.FL 32964-3606 D MASTER LAWS REEW! ALL PROPERTY ROIP "ry�1�ElOPM1ElIT RONALD KF;TTI LAWN'-* F MASTER Of LAWS ESTATE PLANNWO AND ELDER LAW 7 CERTIFIED CIRCUIT MEDIATOR NICHOLAS L.DRUCE W TELEPHONE: 772-231-4343 n ALSO ADMITTED W AR AARON V.JOHNSON FACSIMILE;772-294.5213 ' ALSO ADMITTED IN DC AND SC C.DOUGLAS VFTUNAC EMA9.:CTIC TQVERDLAW.COM . WEBSRE:WWW.VEROLAW COM 10 ALSO AOMI TED IN GA 11 ALSO AnMITTFo IN THE COMMONWEALTH op WILLIAM W.CALDWELL.OF COUNSEL T6 RAHAMAS STEVEN L.HENDERSON.OF COUNSEL I February 27,2013 VLf 1%fl CS1411Lls 772-770-5143 Vincent Burke Utilities Director, Indian River County 1801 27"'Street Vero Beach,Florida 32960 Re: Ilmvk's Nesl/lndian River Counly Re-Use WaterAgreentertl t1alerl April 7, 1987 Dear Mr. Burke, i apologize for the delay in getting back to you concerning the referenced matter. The Board of Governors decided to consult with a law firm having expertise in utility law. We contacted William C. Sundslrom of the firm of Sandstrom, Friedman & Ftunero, LLP of Tallahassee and asked them for their opinion as to the validity of the 1987 Agreement. The Sundstrom firm provided its opinion letter dated February 18,2013, a copy of which I enclose. In brief, it is the opinion of the Sundstrom firm that the situation we have is more closely comparable to the facts and holding in the Qty of Gainesville v. Board of Control, 81 So. 2d 511 (Fla. 1955). That case held that the City of Gainesville had the power to provide the University of Florida free public water service in perpetuity in exchange for the university agreeing to locate its camplis in Gainesville. The Universitat has received free water service since 1905 and the Gainesville benefitted by being selected as the site for the campus. As the opinion points out, this exchange of benefit is present in the Hawk's Nest case. In 1987 effluent water was considered a waste treatment by-product. Hawk's Nest agreed to accept the actual and perceived risks of irrigating its golf course with effluent water. Today, of coarse, reuse water is a marketable commodity. However, this 25 year evolution of perceived reputation and value has no bearing on the issue of the validity of the agreement. REAL PROPERTY LAW R W-AL ESDOl.CLOSINGS,PLAwalo.Z011116.LAND USE LAW. WILLS,TRUST a ESTRL PLAFDRNG.CN5.6 WSOIESS MAL MAC716.CORPORMIC a 611SRIFSS CFIOAIlMM COHSTR ICIM LAW.WSURANCIE LAW.WALT11 LAW.PERSONAL R{IURY AND WROMWM DEATH.CTWANAL. PRDII=A TRI6T AD►G%FrftMW. 11 M Y LAW 189 Please note also that the Sandstrom opinion states that even if the Anchor I locking case and the cases cited therein are applicable to our case, the flexibility and limited duration features of the agreement would likely be sufficient to defend an ulfm Nines claim by the County. We think the 1987 Agreement is valid and enforceable and would hope that the county would honor its obligations thereunder. On the other hand, both the Club and the County have enjoyed a cordial relationship over the last twenty five years and we would like to see that relationship continue. if the County has any reasonable proposals that it would like to make regarding the possible amendment of the Agreement, the Board of Governors of the Club would carcfi►Ily consider any such proposal. I look forward to your prompt response. Kindest regards, COLLINS,BROWN, CALDWELL, BARKETI'&GARAVAGLIA, CHARTERED Steve L. Henderson, Esquire Of Counsel SLWddd Enclosure Cc: Alan Polackwieh, Esquire County Attorney 1801 27►h Street, Vero Beach, Florida 32960 190 SUNDSTROM, 2546 BIAIRSTON11;PINES DRIYI• FRIEDMAN & FUMERO, rnLIAHAsal:r:, FLORIDA 32301 Attorneys I Counselors 11HOW (850)877•6555 11, FAX(850)656.4029 %%,%%w.sfflcnv.voni February 18,2013 Via U.S. Mail and Electronic Mail Steve L. Henderson, Esq. Collins, Brown, Caldwell, Barkett,Garavaglia&Lawn,Chartered 756 Beachland Boulevard Vero Beach, Florida 32963 shendersou@\,erolaw.com Re: An Agreement between Indian River County and Hawk's Nest Associates, Ltd.for the Delivery and Use of Reclaimed 6lrater•,dated April 7, 1987 Dear Steve: In 1987, Hawk's Nest Golf Club, Inc. ("Club"or"Owner")was approached by the Utilities Director for Indian River County ("Count),") with a proposal which, if acceptable to the Club, would allow the County to dispose of its reclaimed water on the Club's proposed golf course development. The County was interested in partnering iAth the Club because the County needed a means of disposal of its reclaimed water in order to satisfy the Florida Department of Environmental Regulation's permitting requirements and the Club had land available to accept large quantities of reclaimed water; in addition to having its permit approved, by delivering the reclaimed water to the Club's property,the County would also have the extra benefit of avoiding significant costs associated with disposing of the effluent by means of a deep injection well or otherwise, saving the County trillions of dollars. From the Club's perspective, at that time reclaimed water was frequently stigmatized as so-called "brown water" and not viewed as a commodity', but the reclaimed water could be used for irrigation purposes, and the County offered to supply certain quantities of reclaimed water to the Club at no charge in order to induce the Club to accept the County's proposal. As such, the Club was a test case of sorts,agreeing to accept the County's reclaimed water during the early stages of using such treated effluent for irrigation purposes. The County's offer was ultimately acceptable to the Club based primarily on the County's promise to provide most of the reclaimed water at no charge, and on April 7, 1987,the Club and the County entered into that certain contract entitled,An Agreement between Indian River County and Hawk's Nest Associates, Ltd.for the Delivery and ' This historical view of reclaimed is consistent with our understanding of the state of the utility industry at that time where reclaimed water,like other treated effluent,was frequently viewed as a liability to utilities. 7'AIJAHASSEE • I.AVX-MARY • DOCA RATON 191 Steve L. Henderson,Esq. February 18,2013 Page 2 Use of Reclaimed Water("Agreement"). On its face, the central basis of the Agreement was the delivery of reclaimed water to the Owner and for a disposal method necessary for the operation of the Gifford Treatment Plant. Agreement,p. i. Furthermore,the Club and the County also agreed, inter alfa,that: The County will deliver and the owner shall accept and use a maximum of 1,000,000 gallons per day(g.p.d.) of reclaimed water, comprised of 700,000 g.p.d. without cost to the Owner and, by mutual agreement,an additional 300,000 for which a charge may be made. Agreement, P. 3 (emphasis supplied). In addition to assuming the risk of using the reclaimed water, as a result of the requirements of the Agreement, the Club incurred expenses associated with the alteration of its golf course design plans, including the construction of holding ponds for the reclaimed water. The Club also capped several artesian wells and its consumptive use permits were either cancelled or allowed to expire. For more than hventy-five years, the County provided reclaimed water to the Club pursuant to the Agreement, but as reclaimed water became more accepted as a commodity, the County sought to dishonor its Agreement with the Club, and to require the Club to pay for all of its reuse water. To support its position, the County relies on Anchor Hocking Corn v Jacksonville Electric Authority, 419 F. Supp. 992 (M.D. Fla. 1976), and contends that the Agreement is ultra vires and therefore void from the outset because as a general matter the County cannot contract away its power to fix rates on an equitable basis and to revise those rates when necessary.z There certainly are many cases to support this general proposition,but the courts have also held that contracts are valid when they are flexible or do not require the utility to provide service at less than cost. See Jacksonville Electric Authority v Winn Dixie Stores, Inc., 378 So. ad 338(Fla. 1st DCA 198o); Ci o tv f Daytona Beach v. Stansfield, 258 So. 2d 8og (Fla. 1972), In this case, even though the first 700,000 g.p.d. is provided at no charge, the Agreement provides flexibility for the charge relating to the 300,000 g.p.d. With regard to the cost of providing the reclaimed water, it is important to note that the County is obligated to accept the wastewater it receives from its customers and treat that wastewater to remove contaminants in order to produce treated effluent. The treated effluent must be disposed of, generally by using holding or percolation ponds, using deep injection wells, discharging the treated effluent into the waters of the state, or as reclaimed water delivered back to its customers. Most utilities primarily dispose of : This Memorandum is limited to the issue of whether the Agreement is ultra vires because you have indicated you have already analyzed the equitable arguments. SUNEWROXI,PRlEDmAN&Tusino,LLP 2548 Blairstone Pines Drive,Tallahassee, Florida 32301 192 Steve L. Henderson, I;sq. February i8,2013 Page 3 treated effluent not as reclaimed water, but by one of the other means. With regard to the County, when the Agreement was executed, the County required ". . . a disposal method necessary for the operation of the Gifford Treatment Plant." Agreement, p. 1. Stated othenkrise, the County knew it would produce large quantities of treated effluent and it needed a place to dispose of that reclaimed water and the disposal of the reclaimed water even without charge, standing alone, had real value to the County. Notably, to our knowledge, the case law the County relies on does not address this distinction between reclaimed water and potable water or wastewater service, and we believe the difference is quite significant. Furthermore, the facts of this matter are much more analogous with City of Gainesville v. Board of Control, 82 So. 2d 514 (Fla. 1955) than with the Anchor Hocking case. In City of Gainesville a committee of citizens of Gainesville and members of the Board of Control agreed to "`cause water to be furnished for use of the * * * University [of Florida]without charge"'so long as the University was located in Gainesville,and the City of Gainesville thereafter provided such service to the University pursuant to that agreement. M,,of Gainesville, at 515. The Supreme Court of Florida explained that "[t]he purpose of the undertaking, which was coupled with other promises to donate land, provide temporary housing for students and so on, was to induce the Board of Control and the State Board of Education, the bodies charged with choosing a site for the University of Florida, to locate the university in Gainesville." Id. For about fifty years,Gainesville supplied water to the University without charge, but in 1948 and 1949, Gainesville incurred significant expenses related to the installation of a water treatment plant, and thereafter charged the University for water in order to avoid loss of revenue. Id., at 515-516. Gainesville also filed a declaratory action, seeking a declaration on the rights of the parties under the contract, and arguing, inter alia, that the contract was void ab initio. Id. The Supreme Court of Florida rejected Gainesville's argument, finding that ". . . the power to expend money of the city by furnishing a utility as an inducement to establishing a university in the city is inherent in the powers granted to the City of Gainesville." g1,at 518 (emphasis supplied). The Supreme Court went on to explain that"[t]he donation was, in effect,one for the benefit of the State,as well as the city, and was made to agents of the State with apparent sanction of the State. This, of course, would apply to any city offering a similar inducement. And there is nothing innately wrong with the donation." Id Just as Gainesville induced the University of Florida to locate within the City by promising free water so long as the University of Florida remained in Gainesville, the County likewise induced the Club to accept the County's reclaimed water by promising to provide 700,000 g.p.d. at no cost. It should be emphasized again that the County needed to find a method of disposal in order to satisfy regulatory requirements, and the Agreement provided a solution for the County. Furthermore, like the University of Florida,the Club has fully performed under the Agreement. In fact,the only significant difference between the CV of Gainesville and the present facts, is that Gainesville offered to provide free water so long as the University of Florida remains in Gainesville whereas the County is only obligated to provide the Club with reclaimed water without charge until 2027. Consistent with the Florida Supreme Court's reasoning in Ci1y of SUNDSTROM,FPJMXM dt F(MERO, LLP 2548 Blairstone Pines Drive,Tallahassee,Florida 32301 i 193 Steve L. Henderson,F,sq. February 18,2013 Page 4 ainesville, in this case, it is.within the County's power to induce the Club to accept reclaimed water by providing certain quantities at no charge for a finite period of time. Both parties have benefited fi•om this deal, and we believe it remains binding on the County. For the foregoing reasons, we believe the Agreement between the County and Club is not ultra vires and the County remains obligated to perform under the terms of the Agreement. Please contact me at your convenience should you wish to fiurther discuss this issue. Sincerely, SUNTROM RIEDMAN&FUMERO,LLP William E. Sundstrom,P.A. For the Firm P:\IIAN9CS KTST COLA COURS6j411er to Sleet Iitndcison re Renee Nater D:fputedec SUNDSTROM,FRIHDMAN 8t Fumuto,LLP 2538 BWrstone Pines Drive,Tallahossec. Florida 32301 194