Okaloosa County BOCC — March 4, 2014

Agenda Okaloosa County Board of Commissioners Tuesday, March 4, 2014– 6:00 PM Crestview Courthouse I. Public Information Update 1. [CAO] Public Information Officer PowerPoint – Pg. 4 II. County Administrator's Update III. Commissioner's Minute IV. Public Comments Related to Current Agenda V. Visitor 1. [Visitor] Linda Sumblin, Executive Director, CareerSource Okaloosa Walton formally known as Workforce Development Board to address the Board concerning rebranding of the workforce system. – Pg.14 2. [Visitor] Nathan Sparks from the EDC to present memo for site engineering work and FY13 EDC Annual Report– Pg. 17 3. [Visitor] Request approval of Proclamation recognizing March 2014, to be Red Cross Month in Okaloosa County– Pg. 24 VI. Consent Agenda 1. [DOC] Request authorization for Chairman to sign 1st Amendment to Contract #C14- 2102-COR with Securus Technologies relating to inmate telephone services. – Pg. 26 2. [PW] Request approval of a Special Event Permit to utilize a county beach area on Okaloosa Island near the Boardwalk for a two day Volleyball Tournament to be held May 17 & 18, 2014 from 9:00 a.m. - 5:00 pm each day, sponsored by Southern Events Management, Inc. District: 2. – Pg. 29 3. [GM] Request Approval of the Okaloosa County Board of County Commissioners Title VI and Nondiscrimination Policy and Limited English Proficiency (LEP) Plan for Federal Transit Administration Compliance– Pg. 35 4. [PW] Pine Meadows Drainage Easement Renewal (Eglin AFB) – Pg. 64 5. [Dept. Of Airports] Request approval of Assignment of Lease from Williams Electric to Bremfour Aviation Group. – Pg. 87 Revised: 2/27/2014 12:29 PM Page 1 of 3 Regular Meeting (North) Agenda March 4, 2014 6. [CAO] Request approval of Sheriff's Teen Driver's Challenge Budget and reimbursement request. – Pg. 100 7. [PW] Approval of a request submitted by Destin Wedding Company for a Qualified Beach Vendor Certificate for calendar year 2014. District: 2. – Pg. 121 8. [PUR]Requesting Authorization for Chairman to Sign Contracts with American Suncraft for Repair and Paint Countryview and Bluewater Tanks (RFB# WS 24-14) – Pg. 123 9. [CAO] Request approval of a Resolution submitted by Surety Land Title of Florida, LLC for an Okaloosa Island Leasehold Conversion. – Pg. 309 10. [CAO] Request approval of Proclamation recognizing the Week of March 16 - 22, 2014, to be Sunshine Week in Okaloosa County– Pg. 312 11. [PUR] Seeking Board Approval to Purchase One Heavy Duty Diesel Powered Grinder– Pg. 314 12. [Dept. Of Airports] Request approval of Aero FX, Inc. dba Emerald Coast Aviation Amendment Number Five. – Pg. 341 13. [CAO] Approval of Budget Resolutions & Transfers – Pg.350 14. [GM] Request approval of the re-appointment of Robert Garcia to the Electrical Competency Board– Pg. 358 15. [PUR] Purchasing Seeks Authorization from the Board to Auction Surplus Items. – Pg. 359 16. [CAO] Request approval of Sheriff LETF requests for various education and crime reduction activities– Pg. 379 VII. Department Business A. Elliot Kampert/Growth Management 1. [GM] Request approval of Memorandum of Agreement with the City of Destin for Transit Route 33– Pg. 398 2. [GM] Request cancellation of public hearing set for March 18, 2014 regarding Fixed Transit Route 33 - US 98 Corridor– Pg. 402 3. [GM] Request approval of Amendment No. 2 C11-1900-GM– Pg. 403 4. [GM] Request approval of SHIP Amendment 1 C14-2115-GM– Pg. 408 B. Ed Schroeder/Tourist Development Okaloosa County Board of Commissioners Page 2 Printed 2/27/2014 Regular Meeting (North) Agenda March 4, 2014 1. [TDD] Approval to enter into Emergency Agreement with Sandman for Beach Cleaning Services– Pg. 414 2. [TDD] Approval to negotiate a contract with Aramark for Emerald Coast Convention Center catering services– Pg. 440 C. Jeff Littrell/Water & Sewer 1. [WS] Request approval of final payment in the amount of $19,835.00 on contract C12-1979-WS with Construction Services Company of Florida, lnc. for construction services rendered. – Pg. 444 2. [WS] Request approval of and authorize the Chairman to execute Change Order # 1 to Contract # C12-1955-WS with Insituform Technologies for the rehabilitation of gravity sewer. District: All– Pg. 459 D. John Hofstad/Public Works 1. (PW) Request approval of a Special Event Permit to utilize a county beach area at James Lee Park for a promotional event to be held March 13, 2014 from 12:00 p.m. - 5:00 p.m., sponsored by Relevent on behalf of V S Pink. – Pg. 466 2. (PW) Request approval to adopt a revised MSBU/MSTU policy for roadway improvements. – Pg. 474 E. Donald Turner/Facility Maintenance 1. (FM) Requests Board authorization to enter negotiations with the top ranked design-build firm that submitted proposals on the Crestview Courthouse Project. Dist: all– Pg. 499 2. (FM) Request for BCC direction on the Shalimar Annex Project given the concept update from Lord & Son. District: All – Pg. 502. VIII. Public Comments Okaloosa County adheres to the Americans with Disabilities Act and will make reasonable accommodations for access to this meeting upon request. Please call the County Administrator’s Office at (850) 651-7515 to make a request. For Hearing Impaired, Dial 1-800-955-8771 (TDD), and 1-800-955-8770 (Voice). Requests must be received at least 48 hours in advance of the meeting in order for Okaloosa County to provide the requested service. Okaloosa County Board of Commissioners Page 3 Printed 2/27/2014  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: March 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Kathy Newby, Public Information Officer SUBJECT: Public Information Officer Presentation The Public Information Officer's PowerPoint presentation is attached. Packet Pg. 4  www.okaloosafl.com Please silence all pagers & cell phones for Board of County Commission Meeting. All visitors must speak into microphone for live broadcast & give name & address. Packet Pg. 5 Packet Pg. 6  Lifeguards will be on duty daily from 9 a.m. until 6 p.m., now until Memorial Day weekend, when time is extended from 9 a.m. until 8 p.m. Labor Day. Lifeguards remain on the beach through October 2014. Packet Pg. 7 Winter Storm Stats Packet Pg. 8 Packet Pg. 9 Packet Pg. 10  Pageviews Unique pageviews • Page views & Unique page views • Numbers increased thousands of a percent! • Trained to go to Disaster page! Wasn’t working! Web pages not updated – lessons learned. • Want more people to use our APP; promote that more. • Overall positive take away – people will engage with us on disaster page / web site (in spite of social media). Packet Pg. 11 Packet Pg. 12 Packet Pg. 13  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: March 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Linda Sumblin, CareerSource Okaloosa Walton SUBJECT: Visitor - CareerSource Okaloosa Walton The State of Florida is rebranding the workforce system and the Workforce Development Board of Okaloosa & Walton Counties has become CareerSource Okaloosa Walton. They wish to present information to the Board and answer any questions. Packet Pg. 14 From: Sue Berntsen To: Karen Rossi Subject: Agenda Request for 02.14.14 meeting Date: Thursday, January 16, 2014 3:17:11 PM Good afternoon, Karen ~ Linda Sumblin would like to appear before the Okaloosa Board of County Commissioners at the Feb 4, 2014 meeting. The State of Florida is rebranding the workforce system and the Workforce Development Board of Okaloosa & Walton Counties will become CareerSource Okaloosa Walton in February, 2014. Linda would like to present information to the Commissioners and answer any questions they may have. Please let me know what you need me to submit for her to be placed on the agenda. Thank you! Sue Berntsen Workforce Development Board of Okaloosa & Walton Counties 109 8th Avenue Shalimar, FL 32579 850-651-2315 x201 Fax: 850-651-3165 www.jobsplusonestop.com This message may contain information that is Confidential or is "FOR OFFICIAL USE ONLY" and is intended to be delivered only to the named addressee(s). If you have received this information in error, please immediately notify the sender and obtain instructions as to the disposal thereof. Under no circumstances shall this material be shared, retained, or copied by anyone other than the named addressee. Packet Pg. 15 The following reference is provided as a link for the following: BCC Meeting: March 4, 2014 Agenda Item: 2483 Agenda Item Title: Visitor - CareerSource Okaloosa Walton Reference Name: Reference Links: Below Direct link to YouTube video: http://www.youtube.com/watch?feature=player_embedded&v=1b72FJekv28&list=UUb29boe1xY07Hm N2jTc77fA Link to WFI Branding site, scroll down to “Watch the video” about 2/3 of the way down the home page: http://careersourceflbrand.com/ Packet Pg. 16  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: March 4, 2014 TO: Honorable Chairman and Members of the Board SUBJECT: Visitor - Nathan Sparks, EDC The EDC is coming before the BCC in preparation for the potential launch of Phase III activities associated with the Gulf Power Industrial Park Certification Program. As previously shared, Okaloosa County has been invited by McCallum Sweeney Consulting to submit the Crestview Industrial Air Park for the final phase of the program. Phase III includes site engineering work and studies resulting in undetermined costs and must be completed by September 2014 in order to qualify for final certification. Additionally, the EDC will present the annual report of activity for Fiscal Year 2013. Packet Pg. 17  MEMO Date: February 25, 2014 To: Okaloosa Board of County Commissioners Cc: Ernie Padgett, Okaloosa County Administrator From: Nathan Sparks, Executive Director Subject: Gulf Power Park Certification Program Update The EDC is coming before the BCC in preparation for the potential launch of Phase III activities associated with the Gulf Power Industrial Park Certification Program. As previously shared, Okaloosa County has been invited by McCallum Sweeney Consulting to submit the Crestview Industrial Air Park for the final phase of the program. Phase III includes site engineering work and studies resulting in undetermined costs and must be completed by September 2014 in order to qualify for final certification. Refresher Gulf Power is launching Florida’s first site certification program. The intent of this initiative is to help publicly-owned sites become certified, reducing the time and expense for businesses to locate here. The site certification program is designed to provide prospective businesses with comprehensive data on a site, assist communities with marketing them, and certify that the locations are ready for industrial development – it expedites the development process thereby saving time and money. Gulf Power is paying for the program design, for retaining McCallum Sweeney as the Site Consultant firm and paying 50% of the consultant fees (for Phase II and Phase III) for processing publicly-owned sites; the public entity property owner submits the remaining 50%. The decision to participate is at the Board of County Commissioners’ discretion on whether or not to partner with Gulf Power on this opportunity. Some of Florida’s biggest competitors in economic development – Alabama, Georgia, and Mississippi – already have successful site certification programs and properties. Why are we here? The County must now decide whether to move forward with Phase III of the program. While informal cost estimates for engineering services required under Phase III of the McCallum Sweeney program were solicited and received by the EDC, these estimates were purely informational and put forth as a means of providing the Commission with some baseline of potential cost implications associated with Phase III. Formal bid for the contract to complete the studies should still go out should the BCC decide to move forward. For Consideration o One of the fastest growing trends in economic development is the demand for project-ready industrial site locations. Companies looking to build new facilities want sites that are ready to go and relatively “risk free.” Competitive communities who are seeking to recruit projects need to be prepared to market their sites with a wealth of site-related information and data. o Companies are not willing to wait for a community to identify an appropriate site and determine its suitability for development. By doing it ahead of time, it puts the prepared community steps ahead of other communities. In reality, if the site was being submitted for a project, the community would have to go through this process before the company would commit. It could take months or even years. o Participation in the program does not guarantee success, it guarantees you will receive priority consideration and be more competitive. o In the real world, all projects are profit driven, deadline driven, competitive, comprehensive and risk adverse. The majority of projects/clients are driven by speed-to-market pressure. o After the certification process is completed, the sites would be added to a national registry of properties identified as ready for development. o Gulf Power anticipates launching a specific marketing campaign for the newly certified sites. o Northwest Florida is ahead of the curve as South and Central Florida are in the beginning stages of developing a similar program through Duke Energy. P.O. Box 4097, Fort Walton Beach, FL 32549 - (850)362-6467 Packet Page 1 of 2Pg. 18 History o April 10, 2013 - Gulf Power hosted a Site Certification kick-off meeting in Fort Walton Beach. Tracy Stage attended on behalf of the airports. Essential materials for review were provided to each participant and subsequently provided to the BCC for consideration. o May 3, 2013 – EDC submitted a non-binding Letter of Intent o May 21, 2013 – County voted to sign the non-binding Phase II Applicant Acknowledgment – Site Evaluation o May 21, 2013 – Evaluation materials released to EDC on the terms that a signed Phase II Acknowledgment must be sent as soon as it is received. Evaluation documents shared with airport staff. o May 28, 2013 – Electronic copy of signed Phase II Applicant Acknowledgment received and remitted to Gulf Power and consultant. o June 5, 2013 – Memo was sent to all Commissioners regarding the status of the 50 contiguous acres at the Bob Sikes Airport. o June 6, 2013 – EDC brainstormed with McCallum Sweeny, Gulf Power, Growth Management, and the airport office for ideas on other avenues to participate. o June 28, 2013 – EDC, in coordination with multiple county and community partners, submitted a detailed Phase II response with answers to the 168 questions on the Site and Community Questionnaire with 22 attachments. EDC worked with multiple important partners such as Department of Growth Management, Airport, Public Works, Water & Sewer, Information Systems, Public Safety, Gulf Power, Okaloosa Gas, Cox Communications, Workforce Development Board, Property Appraiser’s office, OSCD. o July 15, 2013 – Answers to follow up questions submitted to McCallum Sweeney. o July 31, 2013 – A site visit was conducted with the consultants and was treated as a potential company with a detailed presentation on Quality of Life, Educational Attainment, Enterprise Zone, Workforce Assessment, etc. This site visit brought 14 participants together at the Crestview Chamber of Commerce and ended with a windshield tour of the Okaloosa Industrial Air Park. o July – August 2013 – Hard copies of the final product of Phase II was distributed to all Commissioners, Department of Growth Management, County Administrator, and the Airport department. o September 9, 2013 – Okaloosa County was formally invited to participate in Phase III. o September 10, 2013 – Commissioners informed of invitation via e-mail communication. Commission informed that EDC would investigate potential costs further. o October 2013 to January 2014 – Due diligence on non-committal price ranges to complete studies as required in Phase III before presentation to BCC. Process A timeline of the phases and their statuses or due dates are outlined below. Please keep in mind that this does not include the costs of having the studies done, only the price due to McCallum Sweeney for participation in the program. Cost to Phases Required Documents Status or Due Date Cost to County Gulf Power Phase I: Letter of Intent Completed – 5/3/2013 --- --- Applicant Acknowledgement Completed - 5/21/13 --- --- Phase II: Site & Community Questionnaire Completed - June 28, 2013 $2,750 $2,750 Site Visit Completed - July 31, 2013 --- --- Phase III: Selection Status/Invitation Completed - September 9, 2013 --- --- Deadline - Phase III Application September 2014 $7,750 $7,750 th Notification of Certification Decision 4 Quarter 2014 --- --- Total Cost to Entities $10,500 $10,500 As always, thank you for your continued proactive and business-friendly approach in economic development. The EDC will continue our commitment to identify and engage in proactive actions bringing business development to Okaloosa County! P.O. Box 4097, Fort Walton Beach, FL 32549 - (850)362-6467 Packet Page 2 of 2Pg. 19  The Economic Development Council of Okaloosa County, Florida MEMORANDUM Date: February 10, 2014 To: Ernie Padgett, County Administrator, Okaloosa County From: Nathan Sparks, Executive Director, EDC of Okaloosa County Subject: FY 2013 Annual Report As you are aware, the February 2011 Marketing Services Agreement that exists between the Okaloosa County Board of County Commissioners and the Economic Development Council of Okaloosa County (“EDC”) includes a provision stating that the EDC will provide an Annual Report to the County. As provided for within the Agreement, the Annual Report should detail how County funds were spent and the results of these efforts. In addition to providing the Commission with the required information, this report is intended to provide additional insight into EDC programs, strategies and objectives. Use of County Funds In fiscal year 2013, Okaloosa County invested $120,933 in the EDC. This amount equated to 29% of the EDC’s total operational budget, with other sources of funding being allocations of varying amounts from Okaloosa County municipalities, private sector investors / members and restricted grant dollars awarded through the State of Florida’s Defense Reinvestment Grant (DRG) program. The approximate breakdown of how County funds were utilized is as follows: • 40% for existing industry retention & expansion • 20% for workforce development initiatives • 30% for strategic marketing / industry recruitment • 10% for defense support activities Specific insight into the various programs and activities within each of these four areas follows below. Existing Industry Retention & Expansion Aiding with the retention and expansion of existing industries was the most significant component of the EDC’s Program of Work in 2013 – and rightfully so. Research indicates that some 80% of new jobs in a community are created by existing industry, and the EDC believes that our first priority must be on supporting our community’s existing industries and their growth opportunities. Existing Industry Retention and Expansion initiatives undertaken in FY 2013 included: • Monthly educational and networking opportunities through the EDC’s TeCMEN (Technology Coast Manufacturing & Engineering Network) committee Post Office Box 4097, Fort Walton Beach, FL 32549 850-362-6467 ~ www.florida-edc.org Packet Pg. 20  The Economic Development Council of Okaloosa County, Florida • Conducted extensive “Capabilities Survey” of TeCMEN member businesses • Established the EDC’s Unmanned Systems Network (USNet), a committee designed to complement Okaloosa’s science and technology base with a focus on the unmanned systems and robotics sector • Continued pursuit of a collaborative partnership with the University of Florida and the Air Force Research Lab to facilitate the development of an Autonomous Vehicle Center adjacent to the REEF • Shepherded 12 existing industry expansion projects, five of which were newly activated in FY 2013 • Increased utilization of County’s Economic Development Ad Valorem Tax Exemption program for existing industries (Advanced Sawmill Machinery in Holt and Bit-Wizards in Fort Walton Beach received a combined $27,094 exemption from the Board of Commissioners, resulting in 64 jobs being created/retained and a projected capital investment of $2,675,612). • Facilitated State of Florida Qualified Target Industry (QTI) incentive awards for Advanced Sawmill Machinery and Bit-Wizards totaling $111,600 • Facilitated three existing industry applications under the Industry Recruitment, Retention and Expansion Fund (IRREF) Grant Program; all three were successful, with awards totaling $778,651 Workforce Development Initiatives In recent years, the EDC has found that the number one question that businesses contemplating locating or expanding in Okaloosa County ask is “Where am I going to find qualified employees?” Companies today demand that communities offer them ready access to top talent. Meanwhile, they expect that communities will work diligently to identify, train and educate the “workforce of tomorrow”. Okaloosa County’s comparatively low unemployment rate (one of the lowest in the state) presents a challenge for many business decision makers to understand our community’s potential talent supply. With that in mind, the EDC has become a strong advocate and collaborative partner in the realm of workforce development and skills training. Workforce Development initiatives undertaken in FY 2013 included: • Partnered with the Workforce Development Board of Okaloosa / Walton Counties and the University of West Florida to provide no-cost Manufacturing Supervisory Skills Certification Training to 32 individuals from 13 companies for a total combined value of $20,000 • Championed the needs of local employers, as well as those considering the area, through involvement on the Workforce Development Board and the Business Competitiveness Council • Utilized “RESTART: Retired and Separated Targeted Transition Report” of separating military personnel to better understand and quantify the specialized skills of this targeted employment group • Served as a regular convener and catalyst for dialogue between local industry and area educators Post Office Box 4097, Fort Walton Beach, FL 32549 850-362-6467 ~ www.florida-edc.org Packet Pg. 21  The Economic Development Council of Okaloosa County, Florida Strategic Marketing / Industry Recruitment As Okaloosa County’s primary economic development organization, the EDC is tasked with being the chief promoter of community assets to external audiences including corporate site location consultants and decision makers in targeted business and industry sectors. While the EDC’s execution of an aggressive external marketing strategy has been impacted by a decline in funding in recent years, the organization realized the following successes in FY 2013: • Unveiled a new targeted marketing initiative focused on the recruitment of suppliers to the future Airbus airplane manufacturing facility in Mobile, Alabama. Spearheaded the development of a five county coalition created specifically for this purpose. • Worked hand-in-hand, as directed by the Commission, with county staff, community partners and Gulf Power to pursue McCallum Sweeney’s Certified Park designation for the Okaloosa County Industrial Air Park in Crestview resulting in an invitation to participate in the third and final phase of Florida’s first industrial site certification program • Worked with County Commission and Chambers of Commerce to lay foundation for 2014 renewal of Okaloosa County’s Economic Development Ad Valorem Tax Exemption Program • Reconstituted Crestview Enterprise Zone #4601 with a new chairperson and board • Participated in county-wide Six Pillars planning initiative and city-specific economic development planning sessions in Crestview, Destin and Fort Walton Beach • Shepherded 13 industry recruitment projects, eight of which were newly activated in FY 2013 • Assisted Project Up Under with an application for the County’s Economic Development Ad Valorem Tax Exemption (resulting in a value of $316,304) and an application for the Industry Recruitment, Retention and Expansion Fund Grant Program Defense Support Initiatives With the Department of Defense being responsible for more than 71,000 jobs in Okaloosa County and direct local spending approaching $3 billion, the defense sector remains a primary driver of the local economy. In recognition of this impact, the EDC remains committed to serving as a champion for - and partner to - the many military missions that call Okaloosa County home. The EDC’s Defense Support Initiative committee has been in existence for more than 20 years, and is widely-regarded as one of the finest examples of community/military collaboration around. By working to ensure the survival and accommodate the growth of area military installations, the DSI is committed to the success of one of our area’s most valued economic engines. The EDC’s FY 2013 defense support activities included the following: • Through DSI unit liaisons, undertook regular interface with commanders of local installations, resulting in the timely identification of their respective needs, challenges and opportunities • Served as a key partner in the Northwest Florida Defense Coalition’s Annual Washington D.C. Fly-In, resulting in direct advocacy in support of area installations Post Office Box 4097, Fort Walton Beach, FL 32549 850-362-6467 ~ www.florida-edc.org Packet Pg. 22  The Economic Development Council of Okaloosa County, Florida • Successfully pursued a State of Florida Defense Reinvestment Grant (DRG) award through Enterprise Florida. Funds were awarded specifically to support the continued operation of DSI, to aid in existing industry outreach through the EDC’s TeCMEN and to assist with industry diversification initiatives in the aerospace sector • Applied for a Florida Defense Support Task Force (FDSTF) grant to be used to develop a lasting framework for realizing cost reductions through innovative shared services, land use initiatives, development projects and other partnerships between Eglin AFB and the local community • Served as a partner to – and participant in – the Northwest Florida Military Sustainability Partnership, the Northwest Florida Defense Coalition and the Florida Defense Alliance • Supported USAF’s GRASI (Gulf Regional Airspace Strategic Initiative), a partnership with the State of Florida, other states and federal agencies to ensure near optimum use of airspace by civilians and the military throughout the Gulf Coast region Conclusions FY 2013 was a unique year for the EDC. The organization began its fiscal year with a long-time executive director phasing out his responsibilities operated under the leadership of a capable interim director for several months and finished the final quarter of its fiscal year with a new director at the helm. Despite the leadership transition that was taking place, FY 2013 was a highly successful year for the EDC and, in turn, for Okaloosa County as evidenced by this report. The community’s low unemployment and recent ranking as one of the fastest growing Metropolitan Statistical Areas (MSAs) in the country provide further validation of the community’s economic development prowess. Meanwhile, third party accolades from publications such as Southern Business and Development (“Top 10 Locations for Boeing and Airbus Suppliers”) and USA Today (“Cities Adding and Losing the Most Jobs”) also demonstrate that our community is at the forefront of success. As the EDC begins its 25th year of operations in 2014, the organization has never been more convinced of the bright future that Okaloosa County has within its grasp. The EDC remains grateful to the Okaloosa County Board of County Commissioners for your continued partnership and for the confidence that you have bestowed in us to meet the economic development needs of our great community. Post Office Box 4097, Fort Walton Beach, FL 32549 850-362-6467 ~ www.florida-edc.org Packet Pg. 23  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: March 4, 2014 TO: Honorable Chairman and Members of the Board FROM: All SUBJECT: Red Cross Month Proclamation As we celebrate Red Cross Month in March, the President of the United States, governors and other elected government officials across the country join us in marking the Red Cross' mission by reading proclamations during March. Packet Pg. 24  P ROCLAMATION WHEREAS, March is American Red Cross Month -- a special time to recognize and thank our Everyday Heroes -- those who reach out to help their neighbors when they are in need; and WHEREAS, American Red Cross heroes are on the front lines every day. They volunteer their time, give blood, take life-saving courses or provide financial donations to help those in need; and WHEREAS, We would like to remember our heroes here in Okaloosa County who give to help people in need. They work tirelessly to help in time of disaster, when someone needs life-saving blood, or the comfort of a helping hand. They provide round-the-clock support to members of the military, veterans and their families, and teach lifesaving classes in CPR, aquatics safety and first aid; and WHEREAS, Across the country and around the worked, the American Red Cross responded to hurricanes, tornadoes, floods and wildfires, the tragedy at the Boston Marathon, and typhoon Haiyan in the Philippines; and WHEREAS, When an injured service member ended up in a hospital far from home, the American Red Cross of- fered comfort. When a hospital patient needed blood, American Red Cross blood donors helped them. When a life- guard jumped in to save a drowning child or someone stepped up to help a heart attack victim, the American Red Cross was there; and WHEREAS, We dedicate the month of March to all those who support the American Red Cross mission to prevent and alleviate human suffering in the face of emergencies. Our community depends on the American Red Cross, which relies on donations of time, money and blood to fulfill its humanitarian mission. NOW, THEREFORE, BE IT RESOLVED the Okaloosa County Board of Commissioners hereby proclaims March 2014 as American Red Cross Month in Okaloosa County And encourages all Okaloosa County citizens to support this organization and its noble humanitarian mission. DULY PASSED AND ADOPTED this 4th day of March 2014. BOARD OF COMMISSIONERS OKALOOSA COUNTY, FLORIDA ATTEST: _________________________________ CHARLES K. WINDES, JR. CHAIRMAN ___________________________ DON W. HOWARD CLERK OF CIRCUIT COURT Packet Pg. 25  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: March 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Paul Lawson SUBJECT: Securus Technologies - First Amendment DEPARTMENT: Corrections BCC DISTRICT: All STATEMENT OF ISSUE: Request authorization for Chairman to sign 1st Amendment to Contract #C14-2102-COR with Securus Technologies amending the interstate calling rates and the minimum annual guaranteed commission (MAG) from $350,000 to $310,000. BACKGROUND: A recent Federal Communications Commission ruling limits rates for interstate telephone calls from inmates using inmate telephone systems and sets rates for said calls at $.021 per minute for debit calls and $.025 for collect calls effective February 11, 2014. The new regulation also provides that no commission shall be paid on revenues earned through the completion of interstate calls of any type. The Securus contract offers a generous minimum annual guaranteed commission (MAG) payment which will be adjusted downward by $40,000.00. Commissions may exceed this amount depending on utilization of the phone system by inmates. OPTIONS: Approve Disapprove RECOMMENDATIONS: Approve RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 26 The following reference is provided as a link for the following: BCC Meeting: March 4, 2014 Agenda Item: 2501 Agenda Item Title: Securus Technologies – 1st Amendment Reference Name: FY14 Inmate Telecommunications Contract #C14-2102-COR Pages: 306 Reference Link: http://www.co.okaloosa.fl.us/contracts/contra_pdf/C14-2102-COR.pdf Packet Pg. 27  SECURUS'M TECHNOLOGIES SECURUS FIRST AMENDMENT FIRST AMENDMENT TO TO MASTER MASTER SERVICES AGREEMENT SERVICES AGREEMENT This FIRST AMENDMENT ("First Amendment") is effective as of February 11, 2014 ("First Amendment Effective Date") and amends and supplements that certain Master Services Agreement by and between Okaloosa County Department of Corrections ("you" or "Customer") and Securus Technologies, Inc. ("we," "us," or "Provider"), dated October 16, 2013 (the "Agreement") . WHEREAS, in accordance with Federal Communications Commission 47 CFR Part 64 [WC Docket No. 12-375; FCC 13-113) - Rates for Interstate Calling Services ("FCC Order"), effective February 11, 2014, Provider and Customer agree to modify the calling rates charged under the current Agreement; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. Effective February 11, 2014, the Calling Rates Table set forth in the Schedule to the Agreement shall be modified to reflect that the interstate call rates shall not exceed the rate caps set forth in the FCC Order. 2. Notwithstanding anything to the contrary contained in the Agreement, in accordance with Federal Communications Commission 47 CFR Part 64 [WC Docket No. 12-375; FCC 13-113) - Rates for Interstate Calling Services - effective February 11, 2014, no commission shall be paid on revenues earned through the completion of interstate calls of any type received from the Agreement 3. Further, the Minimum Annual Guaranteed Commission "MAG" provision set forth on page 6 of 17 of the Agreement is hereby extracted in its entirety and replaced with the following revised provision: On the first day of the month following this Schedule Effective Date and for the first year of this contract, we will prepay you an annual Commission in the total amount of $310,000.00 (MAG). If this Agreement is terminated for any reason other than our default, then you shall, within fifteen (15) days of the termination date, refund any unearned portion of the MAG for the contract year in question. MAG payments shall be final and binding upon you unless we receive written objection within sixty (60) days after the payment has been paid to you . After the first year of this Agreement and on an annual basis thereafter, we will pay you a MAG that is based on 80% of the prior year's earned commission, and so on, through the duration of this Agreement. All monies paid to the county except for Prepaid Cards will go to fulfilling the MAG. Should commissions on revenues exceed the MAG for the year in question, we will pay you additional commission revenues pursuant to the compensation structure set forth herein. 4. Except as expressly amended by this First Amendment, all of the terms, conditions and provisions of the Agreement shall remain in full force and effect. EXECUTED as of the First Amendment Effective Date. Okaloosa County Department of Corrections Securus Technologies, Inc. By: By: ~.~ Name: Name: Robert Pickens Title: Title: Chief Operating Officer Date: Date: a-/..;,,/t'f Please return signed amendment to: 14651 Dallas Parkway Sixth Floor Dallas, Texas 75254 Attention: Contracts Administrator Phone: (972) 277-0300 Packet Pg. 28  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: March 4, 2014 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Event Permit - Emerald Coast Volleyball Junior's Open Event DEPARTMENT: Public Works BCC DISTRICT: Two STATEMENT OF ISSUE: Southern Events Management, Inc., has requested permission to utilize county beach area to conduct a two day volleyball tournament. BACKGROUND and ANALYSIS: County Ordinance #13-07 (regulation of county recreational areas, including parks and beaches) addresses Special Events at county parks, beaches, or recreational areas within Okaloosa County. A request has been received from Southern Events Management, Inc., to conduct a two day volleyball tournament near the Boardwalk on Okaloosa Island. The event would take place beginning Saturday, May 17th and would continue through Sunday, May 18th between the hours of 9:00 A.M. and 5:00 P.M. each day. Setup for the event would begin Thursday, May 15th and final break down would take place Monday, May 19th. This request has been reviewed by Public Works, Public Safety, the Sheriff’s Office and the Tourist Development Department. The Lessee at the Boardwalk has concurred with the request. OPTIONS: Approve/Disapprove RECOMMENDATIONS: Approve the request for a Special Event permit for Southern Events Management to conduct a 2-day volleyball tournament to be held on the County beach adjacent to the Boardwalk on Okaloosa Island. RECOMMENDED BY: APPROVED BY: Packet Pg. 29 Ernie Padgett, County Administrator Packet Pg. 30 Packet Pg. 31 Packet Pg. 32 Packet Pg. 33 Packet Pg. 34  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: March 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Approval of Title VI Policy and Limited English Proficiency Plan DEPARTMENT: Growth Management BCC DISTRICT: All STATEMENT OF ISSUE: The Title VI and Nondiscrimination Policy and LEP Plan are required as a condition of receiving Federal financial assistance under the Federal Transit Act of 1964 to insure that no person on the basis of race, color, or national origin will be subjected to discrimination in the level and quality of transportation services and transit-related benefits. BACKGROUND: Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving Federal financial assistance. Specifically, Title VI of the Civil Rights Act of 1964, as amended, “protects any person in the United States on the ground of race, color, or national origin from being excluded from participation, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving Federal financial assistance from the Department of Transportation” (42 U.S.C. Section 2000d). By approving the Title VI Policy and LEP Plan the BCC demonstrates that it is committed to ensuring that no person is excluded from participation in, or denied the benefits of its transit services on the basis of race, color, or national origin, as protected by Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et. seq. This plan was developed to guide the BCC in its administration and management of Title VI related activities. RECOMMENDATION: The Department of Growth Management requests that the Board approve the Title VI and Nondiscrimination Policy and LEP Plan by authorizing the Chairman to sign the Title VI Federal Transit Administration Civil Rights Assurance. RECOMMENDED BY: APPROVED BY: Packet Pg. 35 Ernie Padgett, County Administrator Packet Pg. 36  TITLE VI PLAN Okaloosa County Board of County Commissioners August 2011 March 2014 Update Packet Pg. 37  Title VI and Nondiscrimination Policy and Plan Including Limited English Proficiency (LEP) This Title VI Plan has been developed pursuant to Title VI of the Civil Rights Act of 1964, FTA Circular 4702.1B, “Title VI Requirements and Guidelines for Federal Transit Administration Recipients”. Section 601 of Title VI of the Civil Rights Act of 1964 states the following: No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Prepared by Okaloosa County Board of County Commissioners Updated March 4, 2014 1 Packet Pg. 38 I. Title VI Policy Statement Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving Federal financial assistance. Specifically, Title VI of the Civil Rights Act of 1964, as amended, “protects any person in the United States on the ground of race, color, or national origin from being excluded from participation, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving Federal financial assistance from the Department of Transportation” (42 U.S.C. Section 2000d). Okaloosa County Board of County Commissioners (BCC) is committed to ensuring that no person is excluded from participation in, or denied the benefits of its transit services on the basis of race, color, or national origin, as protected by Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et. seq. This plan was developed to guide the BCC in its administration and management of Title VI related activities. Title VI Coordinator Contact Information: Okaloosa County Board of County Commissioners Transit Coordinator & Grants Manager 600 Transit Way Fort Walton Beach, FL 32547 Okaloosa County Board of County Commissioners County Administrator Growth Management Director Transit Coordinator & Grants Manager 2 Packet Pg. 39 II. Compliance Plan – General Requirements: A. Title VI Notice to the Public, including a list of locations where the notice is posted: Title VI of the Civil Rights Act of 1964 and supplemental legislation prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving Federal financial assistance. Specifically, Title VI provides that "no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance" (42 U.S.C. Section 2000d). The Okaloosa County Board of County Commissioners will not discriminate on the basis of race, color, national origin, sex, age, handicap/ disability or income status. No person may be treated unfavorably, excluded from participating in or denied the benefits of any County program or activity because of their race, color, national origin, age, sex, handicap/ disability or income status. If you feel you are being denied participation in or being denied benefits of the transit services provided by OCT, or otherwise being discriminated against because of your race, color, or national origin, you may contact our office at 850-833-9173 or complete below Title VI Complaint form and forward via fax (833-9168) or mail (Attn: Title VI Officer, 600 Transit Way, Fort Walton Beach, FL 32547). Okaloosa County BCC/Okaloosa County Transit Provider displays this Title VI Notice on our website, www.rideoct.org, and in the public areas of the Okaloosa County BCC/Okaloosa County Transit Provider office(s) including the reception desk and meeting rooms. Our Okaloosa County BCC/Okaloosa County Transit Provider brochure and user guide also has the Title VI notice in it. The Title VI Notice is also displayed on the transit vehicles and Ride Guide. Appendix A – Okaloosa County BCC/Okaloosa County Transit Provider brochures, with schedule. Title VI statement is included. B. Title VI Complaint Procedures (i.e. instructions to the public regarding how to file a Title VI discrimination complaint) How to file a Title VI Complaint The complaint shall be submitted in writing and contain the identity of the complainant; basis for the allegations (i.e., race, color, or national origin); and a description of the alleged discrimination with the date of occurrence. If the complaint cannot be submitted in writing, the complainant will contact the Title VI Office for assistance. The complete complaint should include the following information: • Your name, mailing address, and how to contact you (i.e., telephone number, email address, etc.). 3 Packet Pg. 40  • How, when, where and why you believe you were discriminated against. • Include the location, names and contact information of any witnesses. • Other information that you deem significant The Title VI Complaint Form (see Appendix B) may be used to submit the complaint information. The complaint may be filed in writing at the following address: Okaloosa County Board of County Commissioners Okaloosa County Transit Building Attn: Title VI Officer 600 Transit Way Fort Walton Beach, FL 32547 NOTE: It is encouraged that all complainants certify all mail that is sent through the U.S. Postal Service and/or ensure that all written correspondence can be tracked easily. For complaints originally submitted by facsimile, an original, signed copy of the complaint must be mailed to the Title VI Coordinator as soon as possible. A Spanish complaint form has also been developed. Follow up coordination for LEP individuals will be verbal correspondence with a volunteer interpreter. What happens to the complaint after it is submitted? The Title VI Officer will respond to the complaint within thirty (30) days and will take reasonable steps to resolve the matter. Should the BCC be unable to resolve the complaint, the Title VI Officer will forward the complaint, along with a record of its disposition to the Statewide Title VI Coordinator at the Equal Opportunity Office of the Florida Department of Transportation (FDOT). FDOT will assume jurisdiction over the complaint for continued processing. FDOT will inform the BCC of all results pertaining to the complaint. How will the complainant be notified of the outcome of the complaint? The Transit Coordinator & Grants Manager will send an acknowledgement letter (Appendix C). A final written response letter to the complainant will be provided notifying complainant that the complaint has been substantiated (Appendix D) or not substantiated (Appendix E). If the complaint is not substantiated the letter advises the complainant his or her right to 1) appeal within seven calendar days of receipt of the final written decision from OCT, and/or 2) file a complaint externally with the U.S. Department of Transportation. Every effort will be made to respond to Title VI complaints within 60 working days of receipt of such complaints, if not sooner. C. Title VI Complaint Form Okaloosa County BCC/Okaloosa County Transit Provider has a Complaint Form developed in compliance with FTA Circular 4702.1B, “Title VI Requirements and Guidelines for Federal Transit Administration Recipients”. This Form is included in Appendix B. The complaint form is available on our website and is also available at the Okaloosa County BCC/Okaloosa County Transit Provider office at the Okaloosa County Transit Building, 600 Transit Way, Fort Walton Beach, FL 32547. 4 Packet Pg. 41 D. List of Transit-related Title VI investigations, complaints, and lawsuits There have not been any investigations, complaints, or lawsuits that pertain to allegations of discrimination on the basis of race, color, and/or national origin in transit-related activities. If there is a Title VI complaint in the future, Okaloosa County BCC/Okaloosa County Transit Provider will follow the Complaint Procedure in Section B. In addition, this complaint will be properly reported. This report shall include the date that the investigation, lawsuit, or complaint was filed; a summary of the allegation(s); the status of the investigation, lawsuit, or complaint; and actions taken by the recipient in response, or final findings related to, the investigation, lawsuit, or complaint. E. Public Participation Plan As an agency receiving federal financial assistance, the BCC has engaged the public in its planning and decision-making processes, as well as its marketing and community outreach activities. The purpose of a Public Involvement Plan is to document these public outreach efforts. Outreach efforts are an essential part of gaining input into the functionality of the local transit system. The public involvement process is a multi-pronged process that includes stakeholder meetings, household telephone surveys, an on-board transit survey, and other efforts. A detailed description of these public involvement efforts is found below. As part of this plan major outreach efforts are either done annually (when possible) or once every 5 years. Major Public Involvement Efforts (Outreach) Public outreach and solicitation of input regarding public transit in Okaloosa County is crucial to crafting a plan that is relevant and accurately reflects the performance of Okaloosa County Transit (OCT). The objective of the public involvement efforts proposed is to utilize multiple forms of outreach in order to effectively reach the target audience, which includes OCT current and potential users and operators. To meet this objective, the following efforts will be undertaken: Ø Stakeholder Meetings: Conduct stakeholder meetings in a group setting with the Transportation Disadvantaged Local Coordinating Board, senior citizens who use OCT, and other groups such as key local officials and community leaders through the Transportation Planning Organization roster. (Every 5th year) Ø Household Telephone Survey: A random household telephone survey will be conducted of Okaloosa/Walton/Santa Rosa County residents to determine their existing awareness, opinions, and needs regarding public transportation services. At least 300 surveys will be completed. (Every 5th year) Ø On-Board Transit Survey: OCT riders will have an on-board survey administered to assist in identifying transit needs, desires, issues & concerns. The survey will collect detailed demographic information & travel information about OCT bus riders, and also assess their level of satisfaction with aspects of the transit service provided. The survey will cover all bus routes and a minimum of 100 surveys will be completed. (Annually) 5 Packet Pg. 42 Ø Survey of OCT Staff & Bus Operators: OCT staff & bus operators will also be surveyed regarding their perception of needs, issues, and concerns with the Sunshine Bus system. (Annually) Ø Origin / Destination Analysis: An origin-destination analysis of a sampling of trips will be conducted to determine travel patterns and peak travel times. (Annually) Outreach to Low Income and Minority Communities Outreach to low-income and minority communities are addressed in the following ways. 1. Outreach to low-income and minority population will be identified through the Local Coordinating Board for the Transportation Disadvantaged. This 15 member board consisting of members from local agencies who work with the local disadvantaged population, can disseminate Title VI information through their daily contact with the low-income and minority populations they serve. 2. The placement of information items such as brochures will target areas where low-income and minority populations congregate. Local churches, community centers, the County Health Department, Work Force Development, Department of Children and Families, and public libraries are areas that have been identified for this purpose. 3. In the event a public meeting concerning OCT, at least one location will be within the area of the low-income/minority community. The meeting will also be held where those who wish to attend can use transit. Additional Outreach (The outlined outreach opportunities are in addition to the Transit Public Involvement Plan and are used for Transit program development and planning) As an agency receiving federal financial assistance, OCT has engaged the public in its planning and decision-making processes, as well as its marketing and community outreach activities. The public has been invited to participate in these activities: Transit Improvement Plan (TIP). The TIP is a fiscally constrained three-year planning document that addresses transportation projects and programs including: federal, state and local highways, transit, ridesharing, bike paths and pedestrian facilities. If an item we wish to purchase is not in the TIP, it cannot be funded. The TIP process includes public hearings and public comment periods. Communities are contacted by the TPO directly; newspaper announcements are published in the local newspaper of all meetings. Community outreach is conducted in areas where minorities and/or low-income individuals are available. OCT advertises on their revenue buses meetings and will work the clients to meetings that are outside service areas. Sign in sheets are always furnished to document attendees, information is collected to have the ability to contact individuals for future meetings. Notices always display the following “The Okaloosa-Walton TPO adheres to the Americans with Disabilities Act and will make reasonable modification for access to their meetings upon request. Please call Ms. Dorothy McKenzie at 1-800-226-8914 Ext. 230 to make a request. Requests must be received at least 48 hours in advance of any meeting in order to allow the TPO time to provide requested services.” 6 Packet Pg. 43  Okaloosa County Board of County Commissioners Board Meetings. The BCC holds two meetings monthly and the public is invited to attend. The meetings are advertised and can be streamed live via the internet. Public Meetings. When new service is proposed information is disseminated to the neighborhoods affected and public meetings are scheduled. Funding Applications. We submit to the Florida Department of Transportation annually an application for funding. The application requests funding for operating assistance. Should capital purchases be considered a public notice is required, which includes a 30-day public comment period. Transit Development Service Plan (TDSP). The Okaloosa County Transportation Disadvantaged Service Plan (TDSP) addresses the needs of elderly, disabled or economically disadvantaged people in Okaloosa County, and reflects a careful review of various data, travel patterns, policies, agency responsibilities and funding to define a five-year detailed implementation plan to help meet those needs. Meetings are conducted at facilities where public transit routes operate. Job Access and Reverse Commute Program (Section 5316), and New Freedom Program (Section 5317) be derived from a coordinated plan. Local entities were recruited to attend a workshop hosted by the TPO on the Section 5316 and 5317 programs. The workshop was publicly advertised in the local newspaper and community leaders were contacted individually. The BCC/ OCT also work with the Okaloosa-Walton TPO extensively to engage the public. As stated by the TPO, in order to plan for efficient, effective, safe, equitable, and reliable transportations systems, the TPO must have the input of its public. The TPO spends extensive staff and financial resources in furtherance of this goal and strongly encourages the participation of the entire community. The TPO offers a number of volunteer roles for those wishing to become more involved in the planning process. The TPO also holds a number of transportation meetings, workshops, and other events designed to gather public input on planning activities. Further, the TPO attends and participates in other community events to promote its programs and improve its name recognition in the public. F. Language Assistance Plan for providing language assistance to persons with limited English proficiency (LEP), based on the DOT LEP Guidance: Okaloosa County BCC/Okaloosa County Transit Provider Limited English Proficiency (LEP) Plan is included as Appendix F. G. Non-Elected Committees and Councils, broken down by race, and agency Okaloosa County Board of County Commission is a direct recipient of federal funding. The BCC does not have a designated transportation non-elected board at this time. 7 Packet Pg. 44 H. Primary Recipients shall include a description of how the agency monitors its sub recipients for compliance with Title VI, and a schedule of sub recipient Title VI Program submissions Okaloosa County Board of County Commissioners/ Okaloosa County Transit does not have sub recipients, however if that changes, they will submit an agreement to follow Okaloosa County Board of County Commissioners/ Okaloosa County Transit Title VI Plan. I. A Title VI equity analysis if the recipient has constructed a facility, such as a vehicle storage facility, maintenance facility, operation center, etc. Currently, no construction projects using FTA funds are underway and none are scheduled in the near or distant future. In the event that a construction project is programs, prior to the start of the project a Categorical Exclusion will be completed and approved by the Federal Transit Administration. A copy of the FTA’s standard CE checklist is kept on file along with the NFPA 1600 document. Prior to any future projects that may come about the following will be integrated into any required analysis: • A description of the low-income and minority population within the study area affected by the project • A discussion of all adverse effects of the project both during and after construction that would affect the identified low-income and minority population • A discussion of all positive effects that would affect the identified low-income and minority population, such as an improvement in transit service, mobility, or accessibility • A description of all mitigation and environmental enhancement actions incorporated into the project to address any adverse effects • A discussion of remaining effects, if any, and why further mitigation is not proposed • A comparison of mitigation and environmental enhancement actions that effect predominantly low-income and minority areas J. Board Minutes, Resolution, and other appropriate documentation showing the Board of Directors reviews and approved the Title VI Program This Plan was approved and the Assurances signed on March 4, 2014. Please see Appendix G. 8 Packet Pg. 45 III. System-wide Standards and Policies A. System-Wide Standards 1. Vehicle load for each mode: Vehicle load on average is 37% on a 14 passenger bus. 2. Vehicle Headway for each mode: Vehicle headway on average is 30 minutes. 3. On Time Performance for each mode: On time performance on average is 97% - 98%. 4. Service Availability for each mode: We provide 9 deviated fixed routes in Okaloosa County. We serve the medical community, shopping centers, banks, restaurants and other businesses in Okaloosa County. B. System-Wide Policies 1. Distribution of transit amenities for each mode: The amenities provided on the routes. As of February 2014 there are 220 total stops in the transit system. The fixed route in Okaloosa County is considered small and the number of stops, routes and amenities reflect the small size. We currently have 180 stops with bus stop signs, 5 with benches. There are 40 with missing signs that are in the process of being replaced. Okaloosa County conducted a complete bus stop accessibility compliance study in 2013 and are in the process of securing funding to make all bus stops ADA compliant or to change routes to accommodate ADA access. It is the desire of the transit provider to install more benches in the future. 2. Vehicle Assignment for each mode: Amenities are the same for all Okaloosa County Transit vehicles. All vehicles provide temperature control (heat/AC) and wheelchair lifts. There are no other available amenities. 9 Packet Pg. 46 IV. Conclusion Okaloosa County BCC is committed to a policy of non-discrimination in the conduct of its business, including its Title VI responsibilities, and to the delivery of equitable and accessible transportation services. Okaloosa County BCC recognizes its responsibilities to the community in which it serves and to the citizens of the county. It is the Okaloosa County BCC policy to utilize its best efforts to assure that no person is excluded from participation in, or denied the benefits of its transit services on the basis of race, color, or national origin, as protected by Title VI. Okaloosa County BCC/Okaloosa County Transit Provider will continue to work with our community to offer services equitably and assist our customers to the extent our budget allows. 10 Packet Pg. 47 Appendix A Title VI of the Civil Rights Act of 1964 and supplemental legislation prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving Federal financial assistance. Specifically, Title VI provides that "no person in the United States shall, on the ground of race, color, or nationall origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance" (42 U.S.C. Section 2000d). English: The Okaloosa County Board of County Commis Commissioners sioners will not discriminate on the basis of race, color, national origin, sex, age, handicap/ disability or income status. No person may be treated unfavorably, excluded from participating in or denied the benefits of any County program or activity because se of their race, color, national origin, age, sex, handicap/ disability or income status. If you feel you are being denied participation in or being denied benefits of the transit services provided by OCT,, or otherwise being discriminated against because of your race, color, or national origin, you may contact our office at 850-833-9173. Spanish La Junta de Comisionados del Condado de Okaloosa no discrimina por motivos de raza, color, origen nacional, sexo, edad, incapacidades / discapacidades o nivel de ingresos. Ninguna persona puede ser tratada desfavorablemente, excluida de participar o ser negado de los beneficios de cualquier programa o actividad Condado debido a su raza, color, origen nacional, edad, sexo, discapacidades / incapacidades o nivel de ingresos. Si usted piensa que le han negado participación o acceso a los beneficios y servicios proveídos por el Departamento de Tránsito del Condado de Okaloosa, o que ha sido discriminado por motivos de raza, color, u origen nacional, usted debe comunicarse al 850-833-9173. 9173. Packet Pg. 48  Appendix B Okaloosa County Board of County Commissioners Title VI / Nondiscrimination Program Complaint of Discrimination Complainant(s) Name: Complainant(s) Address: Complainant(s) Phone Number: Complainant's Representative's Name, Address, Phone Number and Relationship (e.g. friend, attorney, parent, etc): Name and Address of Agency, Institution, or Department Whom You Allege Discriminated Against You: Names of the Individual(s) Whom You Allege Discriminated Against You (If Known): o Race o Color o National Origin Discrimination o Sex o Age o Handicap/Disability Date of Alleged Discrimination: Because Of: o Income o Retaliation o Other Status Please list the name(s) and phone number(s) of any person, if known, that the Okaloosa Board of County Commissioners could contact for additional information to support or clarify your allegation(s). Please explain as clearly as possible how, why, when and where you believe you were discriminated against. Include as much background information as possible about the alleged acts of discrimination. Additional pages may be attached if needed. Complainant(s) or Complainant(s) Representatives Date of Signature: Signature: Mail or Fax Completed Form to: Okaloosa County Transit 850-833-9173 ph Attn: Title VI Officer 850-833-9168 fax 600 Transit Way Fort Walton Beach, FL 32547 Packet Pg. 49  Okaloosa County Board of County Commissioners Title VI / Programa Antidiscriminatorio Querella de Discriminacion Nombre del querellante: Dirección: Número de teléfono: Nombre, dirección, teléfono y relación (ej. amigo, abogado, pariente, etc.) del Representante del querellante: Nombre y dirección de la Agencia, Institución, o Departamento que usted alega discrimino en su contra: Nombre(s) del Individuo(s) Quien(es) Usted Allega Discrimino (naron) Contra Usted Si lo(s) Conoce: o Raza o Color o Origen Nacional Fecha de la o Incapacidad/Impedimento alegada Razón de la o Sexo o Edad discriminación: Físico discriminación: o Status oRepresali o Otro de Ingreso a Favor de indicar el nombre (s) y número(s) de teléfono(s) de alguna persona(s) que La Junta de Comisionados del Condado de Okaloosa puede comunicarse para información adicional que clarifique o respalde su alegación o alegaciones. Favor de explicar tan claro como sea posible, como, porque, cuando y donde usted cree que fue discriminado. Incluya suficiente información acerca de los antecedentes según le sea posible, de los alegados actos de discrimen. Puede añadir paginas adicionales, si es necesario. Firma del Querellante(s) o su Representante: Fecha: Favor de mandar por correo electrónico o fax a: Okaloosa County Transit 850-833-9173 ph Attn: Title VI Officer 850-833-9168 fax 600 Transit Way Fort Walton Beach, FL 32547 Packet Pg. 50 Appendix C Letter Acknowledging Receipt of Complaint Today’s Date Mr. John Doe 123 Oak St. Fort Walton Beach, FL 32548 Dear Mr. Doe: This letter is to acknowledge receipt of your complaint against Okaloosa County Transit alleging ________________________________________________. An investigation will begin shortly. If you have additional information you wish to convey or questions concerning this matter, please feel free to contact this office by telephoning 850-833-9173, or write to me at 600 Transit Way, Fort Walton Beach, FL 32547. Sincerely, Name Title VI Coordinator Packet Pg. 51 Appendix D Letter Notifying Complainant that the Complaint Is Substantiated Today’s Date Mr. John Doe 123 Oak St. Fort Walton Beach, FL 32548 Dear Mr. Doe: The matter referenced in your letter of ______________ (date) against Okaloosa County Transit alleging Title VI violation has been investigated. (An/Several) apparent violation(s) of Title VI of the Civil Rights Act of 1964, including those mentioned in your letter (was/were) identified. Efforts are underway to correct these deficiencies. Thank you for calling this important matter to our attention. You were extremely helpful during our review of the program. You may be hearing from this office, or from federal authorities, if your services should be needed during the administrative hearing process. Sincerely, Name Title VI Coordinator Packet Pg. 52 Appendix E Letter Notifying Complainant that the Complaint Is Not Substantiated Today’s Date Mr. John Doe 123 Oak St. Fort Walton Beach, FL 32548 Dear Mr. Doe: The matter referenced in your complaint of ______________ (date) against Okaloosa County Transit (OCT) alleging _______________________________ has been investigated. The results of the investigation did not indicate that the provisions of Title VI of the Civil Rights Act of 1964, had in fact been violated. As you know, Title VI prohibits discrimination based on race, color, or national origin in any program receiving federal financial assistance. Okaloosa County Transit has analyzed the materials and facts pertaining to your case for evidence of OCT’s failure to comply with any of the civil rights laws. There was no evidence found that any of these laws have been violated. I therefore advise you that your complaint has not been substantiated, and that I am closing this matter in our files. You have the right to 1) appeal within seven calendar days of receipt of this final written decision from OCT, and/or 2) file a complaint externally with the Florida Department of Transportation: FDOT - Equal Opportunity Office Title VI/Nondiscrimination Program John Smith, Title VI Coordinator District Three – Chipley 605 Suwannee Street, M.S. 65 Tallahassee, Florida 32399 john.smith@dot.state.fl.us Phone: 850-414-4747 Fax: 850-414-4879 Thank you for taking the time to contact us. If I can be of assistance to you in the future, do not hesitate to call me. Sincerely, Name Title VI Coordinator Packet Pg. 53 Appendix F LIMITED ENGLISH PROFICIENCY (LEP) PLAN OKALOOSA COUNTY BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY TRANSIT Introduction This Limited English Proficiency (LEP) Plan has been prepared to address Okaloosa County Board of County Commissioners (Okaloosa BCC) responsibilities as a recipient of federal financial assistance as they relate to the needs of individuals with limited English language skills. The plan has been prepared in accordance with Title VI of the Civil Rights Act of 1964, Federal Transit Administration Circular 4702.1A dated May 13, 2007, which state that no person shall be subjected to discrimination on the basis of race, color or national origin. Executive Order 13166, titled “Improving Access to Services for Persons with Limited English Proficiency”, indicates that differing treatment based upon a person’s inability to speak, read, write or understand English is a type of national origin discrimination. It directs each federal agency to publish guidance for its respective recipients clarifying their obligation to ensure that such discrimination does not take place. This order applies to all state and local agencies which receive federal funds. Plan Summary The Okaloosa County Board of County Commissioners is the recipient of FTA 5307 funding and has developed this LEP Plan to help identify reasonable steps for providing language assistance to persons with limited English proficiency who wish to access services provided by Okaloosa County Transit (OCT). OCT is a contractor to the Okaloosa County Board of County Commissioners. As defined in Executive Order 13166, LEP persons are those who do not speak English as their primary language and have limited ability to read, speak, write or understand English. This plan outlines how to identify a person who may need language assistance, the ways in which assistance may be provided, staff training that may be required, and how to notify LEP persons that assistance is available. In order to prepare this plan, the BCC undertook the U.S. Department of Transportation (U.S. DOT) four-factor LEP analysis which considers the following factors: 1. The number or proportion of LEP persons in the service area who may be served or are likely to encounter the BCC program, activity or service. 2. The frequency with which LEP persons come in contact with BCC programs, activities or services. 3. The nature and importance of programs, activities or services provided by the BCC to the LEP population. Packet Pg. 54  4. The resources available to BCC and overall costs to provide LEP assistance. Factor 1: The Number and Proportion of LEP Persons Served or Encountered in the Eligible Service Population. Task 1, Step 1: Examine prior experiences with LEP individuals The Transit Coordinator & Grants Manager for Okaloosa County Board of County Commissioners interviewed the Okaloosa County Transit Program Manager, Operations Manager (supervisor to all field staff), and Administrative Assistant (supervisor to all administrative staff) regarding either their personal interactions with LEP Persons, or reports by their employees of daily interactions between LEPs and staff. The Administrative Assistant stated that she has worked with 2 LEPs in the last several years, one client was French who utilized her own resources to provide an interpreter and one client that spoke English, not very well, but enough to communicate. This client’s native language was Spanish. The Operations Manager acknowledged that during the summer, the local tourist area experiences an influx of foreign workers. These foreign workers use public transportation during their temporary stay in Okaloosa County. Their LEP does not emerge as a deterrent to accesses the public transit service available and many utilize the service with great ease. Okaloosa County also provides maps along with written information in their Ride Guide and OCT website. The maps can provide LEPs and individuals with limited reading capabilities where and when the routes operate (Fig. 1 and Fig. 2). Fig.1 Packet Pg. 55  Fig.2 Attendees of Okaloosa County Transit (OCT) affiliated community meetings and/or public hearings are requested to sign an attendance sheet. No attendees have displayed signs of LEP nor has any special accommodations been requested. OCT provides deviated fixed route service rather than ADA complementary paratransit service. Task 1, Step 2: Become familiar with the data from the U.S. Census Task 1, Step 2A: Identify the geographic boundaries of the area that your agency serves Okaloosa County provides demand response/paratransit door-to-door service to all of Okaloosa County. Fixed route service is provided in the most densely populated areas of Okaloosa County. Okaloosa County’s geography is divided by the largest Air Force Base in the world, Eglin AFB. Thus the service is divided in Northern and Southern regions with Eglin AFB in the center of the county. No fixed-route service is provided on Eglin AFB at this time. Packet Pg. 56 Task 1, Step 2B: Obtain Census data on the LEP population in your service area Okaloosa County, Florida Percent Subject Margin of Estimate Percent Margin of Error Error LANGUAGE SPOKEN AT HOME Population 5 years and over 171,333 +/-110 171,333 (X) English only 154,058 +/-951 89.90% +/-0.6 Language other than English 17,275 +/-953 10.10% +/-0.6 Speak English less than "very well" 6,078 +/-745 3.50% +/-0.4 Spanish 9,443 +/-598 5.50% +/-0.3 Speak English less than "very well" 3,013 +/-432 1.80% +/-0.3 Other Indo-European languages 3,694 +/-673 2.20% +/-0.4 Speak English less than "very well" 1,206 +/-373 0.70% +/-0.2 Asian and Pacific Islander 3,666 +/-451 2.10% +/-0.3 languages Speak English less than "very well" 1,672 +/-379 1.00% +/-0.2 Other languages 472 +/-196 0.30% +/-0.1 Speak English less than "very well" 187 +/-97 0.10% +/-0.1 Source: U.S. Census Bureau, 2008-2012 American Community Survey 2010 Census - Florida, Okaloosa County Population Total Population 180,822 Population by Ethnicity Hispanic or Latino 12,296 Non Hispanic or Latino 168,526 Population by Race White 146,582 African American 16,797 Asian 5,328 American Indian and Alaska Native 1,068 Native Hawaiian and Pacific Islander 354 Other 3,592 Identified by two or more 7,101 Source: Census.gov 2010 Census Data Task 1, Step 2C: Analyze the data you have collected Staff reviewed the 2010 U.S. Census Report and the U.S. Census Bureau 2008-2012 American Packet Pg. 57 Community Survey and determined that 17,275 persons in Okaloosa County (10 % of the population) speak a language other than English. In Okaloosa County, 6,078 persons have limited English proficiency; that is, they speak English “not well” or “not at all.” Of those persons with Limited English Proficiency, 3,013 speak Spanish, 1,206 speak one of the Indo-European languages, 1,672 speak one of the Asian and Pacific Island languages and 187 speak a language classified as other. Only the Spanish speaking LEP population reached the DOJ’s Safe Harbor Provision of 1,000 persons or 5%. Task 1, Step 2D: Identify any concentrations of LEP persons within your service area. The 2010 Census block group with the greatest concentration of LEPs is located on Eglin Air Force Base. This can be explained by the higher number of military spouses that are natives of the United States. OCT does not service Eglin Air Force Base at this time. The highest concentration area serviced is in the southern end of the county. This area, at most, has 8.5% recorded as LEPs. Task 1, Step 3: Consult state and local sources of data We consulted with the Okaloosa County School District which offers ESOL or “English for Speakers of Other Languages” programs. Total enrollment of all students in Okaloosa County in 2013-14 is 34,345. The predominant language spoken at home is English (96% of all students). 2.6% of the student population are enrolled in the ESOL program. There are 36 languages other than English reported as the predominant language spoken at home by ESOL students. Of the 2.6% ESOL students, the largest primary language reported is Spanish at 594 students or 1.9% of the total student population. Task 1, Step 4: Reach out to community organizations that serve LEP persons Task 1, Step 4A: Identify community organizations Northwest Florida State College (NWFSC) Workforce Development Board/Jobs Plus Task 1, Step 4B: Contact relevant community organizations Ms. Nancy Ordonia, Coordinator for the Adult Education Program for Northwest Florida State College was contacted Ms. Linda Sumblin, Executive Director of CareerSource Okaloosa Walton was contacted. Task 1, Step 4C: Obtain information Suggested that NWFSC utilize the OCT’s Ride Guide as part of the ESL (English as Second Language) curriculum. NWFSC, as part of their current instruction, provides lessons on public transit use. Our goal is to formulate a plan to work with NWFSC in partnership to provide classroom instruction on the local transit service. Packet Pg. 58 Ms. Linda Sumblin, Executive Director of CareerSource Okaloosa Walton was contacted. There is currently no demand for dual language services for clients. OCT and CareerSource (formerly JobsPlus) currently work in partnership to provide transportation to individuals who are unemployed and need transportation. There has never been a request for special accommodations from a CareerSource client. Factor 2: The Frequency with Which LEP Individuals Come into Contact with your programs, activities, and services Task 2, Step 1: Review the relevant programs, activities, and services you provide OCT provides demand response and fixed route transportation. Rarely do staff come in contact with LEP individuals, contact when made, will be made once to twice a year at which time staff is able to communicate with them by spending time and having patience to work with clients. We have not had to turn clients away due to language barriers. Should we come in contact with LEP individuals that staff cannot communicate with we will refer them to agency volunteers. If they speak an uncommon language a commercial telephonic interpretation service may be used. Task 2, Step 3: Consult directly with LEP persons The LEP persons that we are in contact with have not demonstrated a need for special accommodations. The LEPs that currently use the system are entirely self-sufficient and do not appear to have any problems with acquiring transit service. It is our goal to work with Northwest Florida State College’s ESL program to make contact with additional LEP persons regarding public transit in Okaloosa County. Factor 3: The Importance to LEP Persons of Your Program, Activities and Services Task 3, Step 1: Identify your agency’s most critical services Fixed Route service is the most critical service provided to persons with LEP. As stated earlier in this plan, Okaloosa County experiences an influx of Eastern European student workers during the summer season. These people live and work on the beach and they rely on fixed route service. We have interviewed several of them and their command of the English language is limited, but sufficient for them to be heavy users of public transportation. We do not see a need for special accommodations at this time. Task 3, Step 2: Review input from community organizations and LEP persons Over the years we have spoken with LEP persons that use our service. Though they are not native English speakers, their proficiency is enough to use public transportation in Okaloosa County. We have witnessed them at bus stops navigating the maps to determine how the system works independently. We do not see a need for special accommodations at this time. Packet Pg. 59 Factor 4: The Resources Available to the Recipient and Costs Task 4, Step 1: Inventory language assistance measures currently being provided, along with associated costs. Should the occasion arise that an interpreter is required agency volunteers will be utilized. There is no cost associated with this service Task 4, Step 2: Determine what, if any, additional services are needed to provide meaningful access Documents that are considered vital, such as the Title VI complaint form, notice of a person’s rights under Title VI, fare structure modifications and application forms will be printed in-house at minimal cost and made available to the LEP population. Okaloosa County BCC will also ensure the Title VI Coordinator and Chairman have reviewed the most up-to-date Title VI training available from the Federal Highway Administration and/or the Federal Transit Administration to ensure we are informed of our responsibilities. Task 4, Step 3: Analyze your budget Documents that are considered vital, such as the Title VI complaint form, notice of a person’s rights under Title VI, fare structure modifications and application forms will be printed in-house at minimal cost and made available to the LEP population. As additional funding currently is not available, printing in-house will be the most economical means of transmitting the information. Task 4, Step 4: Consider cost effective practices for providing language services Should the occasion arise, translation services would be solicited by agency volunteers. Conclusion: Developing the Right Mix of LEP Services At this time, the Okaloosa County Board of County Commissioners and Okaloosa County Transit does not see a need for LEP services beyond the translation services provided by agency volunteers and the general public transportation lessons provided in NWFSC ESL classes. We will continue to document the needs of Okaloosa County’s LEP population. Should major population fluctuations occur, we will amend our Title VI LEP Plan accordingly. Packet Pg. 60 Appendix G FEDERAL TRANSIT ADMINISTRATION CIVIL RIGHTS ASSURANCE THE OKALOOSA COUNTY BOARD OF COUNTY COMMISSIONERS HEREBY CERTIFIES THAT; as a condition of receiving Federal financial assistance under the Federal Transit Act of 1964, as amended, it will ensure that: 1. No person on the basis of race, color, or national origin will be subjected to discrimination in the level and quality of transportation services and transit-related benefits. 2. Okaloosa County Board of County Commissioners will compile, maintain, and submit in a timely manner Title VI information required by the most current FTA Circular and in compliance with the Department of Transportation’s Title VI regulation, 49 CFR Part 21.9. 3. Okaloosa County Board of County Commissioners will make it known to the public that those person or persons alleging discrimination on the basis of race, color, or national origin as it relates to the provision of transportation services and transit-related benefits may file a complaint with the Federal Transit Administration and/or the U.S. Department of Transportation. The person or persons whose signature appears below are authorized to sign this assurance on behalf of the grant applicant or recipient. March 4, 2014 Date______________ ______________________________________________ Charles K. Windes, Jr – Chairman Packet Pg. 61 Appendix H TITLE VI/ NONDISCRIMINATION POLICY STATEMENT Okaloosa County Board of County Commissioners assures the Florida Department of Transportation that no person shall on the basis of race, color, national origin, sex, age, disability, family or religious status, as provided by Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987 and the Florida Civil Rights Act of 1992 be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination or retaliation under any program or activity. Okaloosa County Board of County Commissioners further agrees to the following responsibilities with respect to its programs and activities: 1. Designate a Title VI Liaison that has a responsible position within the organization and access to the Recipient’s Chief Executive Officer/Chairman. 2. Issue a policy statement signed by the Chief Executive Officer/Chairman, which expresses its commitment to the nondiscrimination provisions of Title VI. The policy statement shall be circulated throughout the Recipient’s organization and to the general public. Such information shall be published where appropriate in languages other than English. 3. Insert the clauses of Appendix I of this agreement in every contract subject to the Acts and the Regulations 4. Develop a complaint process and attempt to resolve complaints of discrimination against sub-recipients. Complaints against the Recipient shall immediately be forwarded to the FDOT District Title VI Coordinator. 5. Participate in training offered on Title VI and other nondiscrimination requirements. 6. If reviewed by FDOT or USDOT, take affirmative action to correct any deficiencies found within a reasonable time period, not to exceed ninety (90) calendar days. 7. Have a process to collect racial and ethnic data on persons impacted by your agency’s programs. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all federal funds, grants, loans, contracts, properties, discounts or other federal financial assistance under all programs and activities and is binding. The person whose signature appears below is authorized to sign this assurance on behalf of the Recipient. Dated ________________ by ___________________, Chairman Packet Pg. 62 Appendix I POLICY STATEMENT During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the “Contractor”) agrees as follows: (1.) Compliance with Regulations: The Contractor shall comply with the Regulations relative to nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (hereinafter, “USDOT”) Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. (2.) Nondiscrimination: The Contractor, with regard to the work performed during the contract, shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3.) Solicitations for Subcontractors, including Procurements of Materials and Equipment: In all solicitations made by the Contractor, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials or leases of equipment; each potential subcontractor or supplier shall be notified by the Contractor of the Contractor’s obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family status. (4.) Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5.) Sanctions for Noncompliance: In the event of the Contractor’s noncompliance with the nondiscrimination provisions of this contract, the Florida Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to: a. withholding of payments to the Contractor under the contract until the Contractor complies, and/or b. cancellation, termination or suspension of the contract, in whole or in part. (6.) Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. In the event a Contractor becomes involved in, or is threatened with, litigation with a sub-contractor or supplier as a result of such direction, the Contractor may request the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida Department of Transportation, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. Packet Pg. 63  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: March 4, 2014 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Pine Meadows Drainage Easement Renewal DEPARTMENT: Public Works BCC DISTRICT: 3&4 STATEMENT OF ISSUE: Easement #USAF-AFMC-FTFA-14-2-0175 (replaces AFMC-EG-3- 99-001) is a drainage easement traversing the perimeter of the Hidden Trails, Pine Meadows, Pine Meadows Addition 2, and Pine Meadows Addition 3 - Phase 2 subdivisions in the Wright area. The easement is on Federal property (Eglin AFB) and is up for renewal. A location map of the easement is attached for reference. The Eglin Real Estate office, which handles easement renewals has prepared the instrument describing the easement covering the drainage ditch which needs the Boards acceptance and approval. BACKGROUND: Okaloosa County has a drainage easement located on Federal property that collects surface runoff and stormwater from several adjacent subdivisions in the Wright area. The current easement agreement, AFMC-EG-3-99-001, formally expired on March 12, 2013. Standard procedure with easements on Federal property is to renew the easements on a specified time period; staff has been working with the Eglin Real Estate office to renew this drainage easement. As part of the renewal process a site inspection of the drainage system was conducted on February 21, 2014. The easement was found to be in good condition. (A Physical Condition Report is made a part of the grant of easement and labeled as Exhibit C). The Public Works staff is in the process of renewing the easement for another 25 years. As a part of the renewal documentation it is required that the Board of County Commissioners approve and sign the easement to be returned to the Department of the Air Force. Upon receipt, David A. Harris, Brigadier General, USAF Commander, 96th Test Wing, will sign the document and the drainage easement shall be officially renewed at that time. OPTIONS: Approve/Disapprove execution of the drainage easement. RECOMMENDATIONS: Authorize execution of Drainage Easement #USAF-AFMC-FTFA-14- 2-0175 for submission to the Eglin Real Estate Department and final signature by David A. Harris, Brigadier General, USAF Commander. RECOMMENDED BY: Packet Pg. 64 APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 65 Packet Pg. 66 Packet Pg. 67  Approximate location of drainage ditch (red line) Hidden Trails Subd. Pine Meadows Addition 2 Subd. Packet Pg. 68 Packet Pg. 69 Packet Pg. 70 Packet Pg. 71 Packet Pg. 72 Packet Pg. 73 Packet Pg. 74 Packet Pg. 75 Packet Pg. 76 Packet Pg. 77 Packet Pg. 78 Packet Pg. 79 Packet Pg. 80 Packet Pg. 81 Packet Pg. 82 Packet Pg. 83 Packet Pg. 84 Packet Pg. 85 Packet Pg. 86  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: March 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Sunil Harman SUBJECT: Assignment of Lease Mr. Williams to Bremfour Aviation Group DEPARTMENT: Airport BCC DISTRICT: All STATEMENT OF ISSUE: A proposed Assignment of Lease from Williams Electric, Inc., to Bremfour Aviation Group, Inc. For Block 2 Lot 2 at the Destin/Ft. Walton Beach Airport is being presented to the Board of County Commissioners for approval. BACKGROUND: Williams, Electric, Inc., Mr. Harvey Williams previously entered into a ground lease for Block 2 Lot 2 at the Destin/Ft. Walton Beach Airport and now assigns his responsibilities to Bremfour Aviation Group, Inc., Dr. Robert Devrnja. The Assignment of Lease transfer fee has been received. Internal coordination of the lease agreement took place in September and October of 2013. Bremfour Aviation Group, Inc.'s certificates of insurance were received by the Airports Department in February 2014 and were then forwarded to Mr. Gary Real, Risk Manager for approval. Dr. Devrnja's certificates of insurance are attached along with the Contract and Lease Internal Coordination Sheet and an email from Mr. Real stating his approval of the certificates of insurance. OPTIONS: Approve, Reject or Table. RECOMMENDATIONS: It is Staff's recommendation that the Board approve the Assignment of Lease as described above. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 87 Packet Pg. 88 Packet Pg. 89 Packet Pg. 90 Packet Pg. 91 Packet Pg. 92 Packet Pg. 93 Packet Pg. 94 Packet Pg. 95 Packet Pg. 96 Packet Pg. 97 Packet Pg. 98 Packet Pg. 99  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: March 4, 2014 TO: Honorable Chairman and Members of the Board SUBJECT: Sheriff's Teen Driver's Challenge Budget and Request The Okaloosa County Sheriff's Office has submitted an annual budget for use of the Teen Driver's Challenge funds as outlined in County Ordinance 11-17. Additionally, reimbursement receipts are included for expenditures to date. Packet Pg. 100  Sheriff Larry Ashley and the men and women of the Okaloosa County Sheriff’s Office are committed to improving teen driver safety. Teen drivers are three times more likely to be involved in a traffic crash than any other age group. Traffic crashes are the leading cause of death among teenagers. The Florida Sheriff’s Association and the Okaloosa County Sheriff’s Office have pledged to make a positive difference in teen driver safety in our community through the Teen Driver Challenge Program. The Teen Driver Challenge is an advanced driver education program that combines classroom training with practical driving exercises that are designed to give teens the knowledge and driving skills to be a better and safer driver. In the classroom, teens learn safe driving techniques, vehicle dynamics, crash avoidance, defensive driving, motorcycle awareness, safe following distances, the importance of safety belt usage, and the dangers of impaired, distracted, and aggressive driving. During the practical driving exercises on the driving pad, teens first learn how to inspect and maintain their vehicles. They are provided a checklist of things to look at and are given a tire pressure gauge to keep. They then drive a series of challenging cone courses that closely mirror a Law Enforcement Emergency Vehicle Operations Course. Each cone course is designed to teach a specific driving skill. Teens learn proper steering, cornering, emergency braking, emergency evasive steering, backing around objects and in intersections, off-road recovery, and skid recovery skills. A licensed Commercial Driving Instructor Certified Deputy Sheriff rides with them at all times. The certified instructors provide guidance to help the teens learn and succeed in each course. Teens ride the Seatbelt Convincer and use Fatal Vision Goggles to simulate impairment while they walk and balance. Teens also have the opportunity to drive an Okaloosa County Sheriff’s Office cruiser fitted with special hard plastic tires to learn skid recovery techniques that can save their lives if they begin to skid. The Okaloosa County Sheriff’s Office Teen Driver Challenge instructors trained 201 teens in the first two years we offered the program and have trained 253 teens to date. The agency recently doubled the number of classes being offered to two classes per month (24 classes per year) and set a goal to train 200 teens within 12 months. We have begun posting Tuesday Traffic Safety Tips on Social Media outlets to promote traffic safety in the community. Deputies attend various military and community functions with the Seatbelt Convincer and Teen Driver Challenge vehicles to increase awareness of our program. Our agency represented the Florida Sheriff’s Association Teen Driver Challenge exhibit at the Mid-Winter Sheriff’s Conference, and we have trained 18 instructors from other agencies in how to be Teen Driver Challenge instructors. The Okaloosa County Sheriff’s Office recently trained new instructors and expects to have 53 licensed Commercial Driving Instructors to teach in the Teen Driver Challenge Program. Packet Pg. 101  The response from the community has been tremendous, and we have received many compliments from parents and students. The following is just a sample of what Parents have said: “Our daughter attended the class in October 2012. She received her learner’s permit in September - so she still has a lot to learn. This is such a great experience for these new drivers and their parents. She is still, today, talking about her experience and how thankful she is that Sheriff Ashley implemented this program for the folks in Okaloosa County.” Packet Pg. 102  Okaloosa County Sheriff's Office Teen Driver Challenge Expenditure Budget (DETAILED) thru 09/20/13 FY 2012 FY 2013 FY 2014 Actual Actual Proposed Expenditures Expenditures Budget Account Title 51200 SALARIES/WAGES REGULAR $ 282 51300 OTHER SALARY 4,982 5,000 51400 OVERTIME SALARY 8,411 44,044 34,000 52100 FICA TAXES/MATCHING 3,624 3,500 52200 RETIREMENT CONTRIBUTION 1,196 7,020 5,000 PERSONNEL SERVICES $ 9,607 $ 59,952 $ 47,500 53150 OTHER PROFESSIONAL FEES $ 600 $ 600 54041 TRAVEL AND PER DIEM $ 495 $ 2,804 $ 1,000 54251 FREIGHT & POSTAGE 55 9 - 54641 VEHICLE REPAIRS 552 109 250 54644 OTHER VEHICLE REPAIRS 1,941 3,186 1,000 54741 PRINTING 1,140 2,239 250 54900 OTHER CURRENT CHARGES AND OBLIGATIONS 781 1,952 1,000 55141 OFFICE SUPPLIES 5 100 55299 SUPPLIES - OTHER 4,172 2,000 55250 EMPLOYEE UNIFORMS 2,112 250 55255 VEHICLE EMERGENCY EQUIPMENT 2,335 55299 SUPPLIES - OTHER 3,319 1,000 OPERATING EXPENSES $ 12,735 $ 15,070 $ 7,450 56441 VEHICLES 35,000 56447 OTHER EQUIPMENT 3,246 20,898 5,000 CAPITAL OUTLAY $ 38,246.00 $ 20,897.73 $ 5,000.00 TOTAL $ 60,588 $ 95,920 $ 59,950 TOTAL CLASSES 12* 15 16 TOTAL TEENS TRAINED 144* 145 200 * Initial Program Expectations Packet Pg. 103 Packet Pg. 104 Packet Pg. 105 Packet Pg. 106 Packet Pg. 107 Packet Pg. 108 Packet Pg. 109 Packet Pg. 110 Packet Pg. 111 Packet Pg. 112 Packet Pg. 113 Packet Pg. 114 Packet Pg. 115 Packet Pg. 116 Packet Pg. 117 Packet Pg. 118 Packet Pg. 119 Packet Pg. 120  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: March 4, 2014 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Qualified Beach Vendor Certificate 2014 for Destin Wedding Company DEPARTMENT: Public Works BCC DISTRICT: All STATEMENT OF ISSUE: Approval of a request from Susan Parker owner of Destin Wedding Company to obtain a Qualified Beach Vendor Certificate to conduct weddings on public beaches in Okaloosa County. This is a renewal application. BACKGROUND and ANALYSIS: Susan Parker owner of Destin Wedding Company has met the requirements specified in Ordinance No. 13-07, County Recreation Areas, Section 8: Commercial Activity on Public Lands, to obtain a Qualified Beach Vendor Certificate (QBVC). Granting this request will permit said business to conduct commercial beach weddings on public beaches in Okaloosa County in accordance with any exceptions, restrictions, or provision the Board may impose. OPTIONS: Approve/Disapprove. RECOMMENDATION: Approve Susan Parker owner of Destin Wedding Company the Qualified Beach Vendor Certificate 0040 for the calendar year of 2014 (14QBVC0040). RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 121 Revised: March 5, 2013 Qualified Beach Vendor Certificate Processing Check List New Applications √ Renewal Date Received: February 7, 2014 Company Name: Destin Wedding Company Contact Person: Susan Parker Phone #: (850) 502-0085/ (850) 685-0190 Email: susan@destinweddingcompany.com NA Application form √ $500 Application fee √ Hold Harmless Agreement √ Statement of Acceptance of Ordinance 13-07 √ Copy of Liability Insurance for $1,000,000 naming BCC as insured √ Copy of O.C. Local Business Tax Receipt NA Copy of Workman’s Comp. Insurance policy BCC Approval: _______________________ Packet Pg. 122  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: March 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Zan Fedorak SUBJECT: [PUR] Requesting Authorization for Chairman to Sign Contracts DEPARTMENT: Purchasing BCC DISTRICT: 1&5 STATEMENT OF ISSUE: Seeking Board approval for the Chairman to sign contracts with American Suncraft Construction Co., Inc. for the repair and painting of the Countryview and Bluewater Tanks. BACKGROUND & ANALYSIS: On February 18, 2014, the Board approved the award of the contract to American Suncraft Construction Co for repair and painting of the Countryview and Bluewater Tanks. All contract documents have been received and are ready to execute. (See attached.) OPTIONS: Approve/Disapprove authorization for the Chairman to sign the contract with American Suncraft Construction Co. RECOMMENDATION: Staff recommends Board approving the Chairman to sign the contracts with American Suncraft Construction Co. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 123 Advertisement, Proposal, Contract Documents, General Conditions and Specifications Repair & Paint Countryview and Bluewater Tanks (2014) Okaloosa County Water and Sewer System Okaloosa County, Florida The Board of County Commissioners County Bid No. WS 24-14 Chairman Don Amunds Board Members Nathan Boyles Wayne R. Harris Dave Parisot Kelly Windes Clerk Don W. Howard County Administrator Ernie Padgett Okaloosa County Water & Sewer System Jeff Littrell, Director December 2013 Job No. 41-459 Packet Pg. 124  ADDENDUM NO. 1 TO: ALL BIDDERS PROJECT: Repair & Paint Countryview & BW Tanks (2014) BID DATE: FEBRUARY 5, 2014 OWNER: BOARD OF COUNTY COMMISSIONERS, OKALOOSA COUNTY, FLORIDA February 3, 2014 A mandatory pre-bid meeting for bidders was held on January 22, 2014 to discuss the pending bid and to answer questions from bidders. Following is a summary of items discussed and other issues that have arisen since the pre-bid, which are hereby incorporated in the project contract documents, plans, and specifications: ITEM NO. 1 - SECTION 00020 Emphasized the following information: • Bid time and date is 3:00 PM local time on February 5, 2014 at 302 N. Wilson St., Room 305, Crestview, FL 32536. • Crestview, Florida is NOT a next day delivery site. ITEM NO. 2 - SECTION 00100 Emphasized the following information: • Article 3 – Qualification of Bidders (00100-1) Minimum of 10 tanks within last 5 years for each specified application and full containment with current references. Projects used as reference must have been completed with Contractor’s in-house staff. No exceptions. • Article 6 - Interpretations and Addenda (00100-5) No questions answered after noon (local time) on January 31, 2014. • Article 7 - Bid Security required (00100-6) • Article 12.01 - (00100-7) - Original + 2 copies of the bid form (00100-7) • Article 14 - Submittal of Bid - Again, not a next day delivery (00100-9) • Articles 22, 24, 25, 27, 29 and 30 have forms that the bidder must sign and submit with the bid form. These forms are found as attachments in Section 00300. • Article 28 – References (00100-14) should be attached to bid as Attachment E – Use format of your choice ITEM NO. 3 – SECTION 00300 • Contract time of 120/180 days to substantial/final completion will not be changed. Lack of need for extending contract time was discussed at pre-bid. Addendum No. 1 - Page 2 of 4 Packet Pg. 125  • Contractors reminded that a minimum of 75% of project must be completed by Contractor’s in-house employees. ITEM NO. 4 – SECTION 01010 Two tanks are to be painted in this project. They are in separate service areas and may be out of service simultaneously. ITEM NO. 5 – SECTION 09870 Take Note of 1.6 B – Should any language barrier exist between the Contractor’s on- site superintendent and the Owner or Engineer, the Contractor shall employ a full time interpreter or provide a new on-site superintendent at no additional cost to the Owner. Take Note of 2.1 Blast Abrasive – All of the abrasives shall be steel grit (size 50-80) Add 3.5-B-6. as follows: 6. Upon final removal of containment system, painters’ clips on exterior of tank shall be permanently removed, tank surface ground smooth and damaged areas cleaned and painted in accordance with the requirements in these Detailed Technical Specifications. Take Note of 3.6-B-6b and c.: The approved brands of brushes and rollers to be used for the project are specified. Add 3.6-C-3d. as follows: d. All non-continuously welded (“skip welded”) seams, including roof beams, shall be sealed utilizing Elastomeric Sealant, as specified in Part 2 of this Section of the Detailed Technical Specifications. Add to 3.7-C as follows: All initial inspections at each hold point shall be at the expense of the Owner. If any hold point does not pass the initial inspection, subsequent inspections for that phase shall be at the Contractor’s expense. ITEM NO. 6 – APPENDIX • The location of the handrail to be added at the exit of the access tube on the roof of each tank will be field located as directed by the Engineer. • The Okaloosa County “Sanddollar” logo shall be painted with all details as depicted in the drawing in the Appendix. Simplification for “ease of painting” shall not be allowed. Addendum No. 1 - Page 3 of 4 Packet Pg. 126 ITEM NO. 7 – General Questions from pre-bid and subsequent submittals • Yes, the level of containment described in detail in Section 09870 will be expected. “No cleaning/blasting debris, overspray or coating droplets shall escape to the atmosphere.” • Yes, the containment bonnet shall be required at all times (until such time painting in immediate area of bonnet brackets/supports is required at completion of project). • Dust collection unit shall be a minimum of 40,000 cfm and shall include HEPA filters that shall be new or certified clean. Dust collection shall be used during ALL blasting work. All details specified in 09870-3.4 M • Yes, there shall be, at Owner’s discretion, anniversary inspections throughout the five year extended warranty. The tanks may be drained (at the discretion of the Owner) for the initial inspections and will definitely be drained for the five year anniversary. Specifics are included in 09870-3.10 (pg. 09870-30&31) • Details that are available for Countryview Tank – Physical address is 139 Wildhorse Dr, Crestview, FL. Approximate height is 132.50’ to overflow. Constructed in 1987. Take note of small site surrounded by residential neighborhoods, swimming pools, etc. As noted in pre-bid, nearest neighbor objects when tank overflows and potable water encroaches on his property. • Bluewater Tank physical address is 4202 Hwy 20E, Niceville, FL RECEIPT OF THIS ADDENDUM SHALL BE ACKNOWLEDGED BY WRITING THIS ADDENDUM NO. AND DATE IN THE SPACE PROVIDED ON PAGE 00300-1 OF THE BID PROPOSAL. Beth Brant Beth Brant, P.E. - Polyengineering, Inc. Addendum No. 1 - Page 4 of 4 Packet Pg. 127  ADDENDUM NO. 2 TO: ALL BIDDERS PROJECT: Repair & Paint Countryview & BW Tanks (2014) BID DATE: FEBRUARY 5, 2014 OWNER: BOARD OF COUNTY COMMISSIONERS, OKALOOSA COUNTY, FLORIDA February 3, 2014 It was brought to our attention this morning that the required coatings for the dry interior of the tanks in this project had been omitted from the specifications. Table 1 – Coatings Schedule (page 09870-39) has been updated to include this portion of the coatings and is re-issued as an attachment to this addendum. RECEIPT OF THIS ADDENDUM SHALL BE ACKNOWLEDGED BY WRITING THIS ADDENDUM NO. AND DATE IN THE SPACE PROVIDED ON PAGE 00300-1 OF THE BID PROPOSAL. Beth Brant Beth Brant, P.E. - Polyengineering, Inc. Addendum No. 2 - Page 2 of 3 Packet Pg. 128  TABLE 1 - Coatings Schedule (AS REVISED in ADDENDUM #2 – 2/3/14 to INCLUDE DRY INTERIOR COATINGS) Prime6 Intermediate #1 Intermediate #2 Final Total System Coating (mils - DFT) (mils - DFT) (mils - DFT) (mils - DFT) (mils - DFT) System Surface Prep Product4 Product4 Product4 Product4 Min 5 - Max 5 OCS-4 SSPC-6 Zinc-Rich Primer Epoxy Polyurethane Fluoropolymer Urethane (Modified) 2.5 - 3.5 3.0-5.0 2.0 - 3.0 2.0 - 3.0 10.0 - 16.5 Series 91-H20 N140 - 1255 1075 Endura-Shield Series 700 HydroFlon Hydro-Zinc Pota-Pox Plus ICS-5 SSPC-10 (Immersion) Zinc-Rich Primer 100% Solids Epoxy2 32.5 - 42.5 2.5 - 3.5 30.0 - 40.0 (42.5 - 52.5)3 Series 91-H20 Series FC22 Hydro-Zinc Epoxoline SSPC-6 (Other Areas) Zinc-Rich Primer Epoxy Epoxy 11.0 - 15.5 2.5 - 3.5 4.0 - 6.0 4.0 - 6.0 Series 91-H20 Series 20 Series 20 Hydro-Zinc Pota-Pox Pota-Pox Concrete SSPC-7 Acrylic Elastomeric Acrylic 4.0 - 6.0 Elastomeric Series 156 4.0 - 6.0 10.0 Enviro-Crete Series 156 Enviro-Crete 1 A stripe coat of epoxy shall be applied by brush to all weld seams, ladders, edges, etc., prior to receiving first intermediate coat on exterior surfaces and prior to the finish coat on interior surfaces. 2 All interior roof beams, sharp edges and other difficult to coat areas shall receive 40.0 – 50.0 mils of epoxy lining Packet Pg. 129 3 Total Dry Film Thickness for roof beams, sharp edges and other difficult to coat areas 4 All products are as manufactured by Tnemec Company, Inc. 5 Mil thicknesses for individual coats shall not exceed manufacturer’s written recommendation. 6 An additional coat of zinc-rich primer shall be shop-applied to the replacement ladders and other replacement parts. Repair & Paint Countryview & Bluewater Tanks (2014) Job No. 41-459 009870 - 39  TABLE OF CONTENTS DIVISION 0 - CONTRACT & BIDDING REQUIREMENTS 00020 Advertisement for Bids 00100 Instructions to Bidders 00300 Bid Proposal 00410 Bid Bond 00500 Contract 00610 Performance Bond 00620 Payment Bond 00624 Warranty 00700 General Conditions 00800 Supplementary Conditions DIVISION 1 - GENERAL REQUIREMENTS 01010 Summary of Work 01060 Regulatory Requirements 01300 Submittals 01700 Contract Closeout 01711 Clean Up 01740 Warranties & Bonds DIVISION 9 - FINISHES 09870 Paint and Repair Water Tanks APPENDIX • Maps • Bluewater As-builts • Handrail Sketch • Sand Dollar Logo Repair & Paint Countryview & Bluewater Tanks (2014) TOC-1 Job No. 41-459 Packet Pg. 130  SECTION 00020 ADVERTISEMENT FOR BIDS Board of County Commissioners - Okaloosa County, Florida OWNER Separate sealed bids for the construction of “Repair and Paint Countryview and Bluewater Tanks (2014)” will be received by the Board of County Commissioners, Okaloosa County, Florida in the Conference & Training Room #305 at 302 N. Wilson St, Crestview, FL until 3 PM. (local time) on Wed., Feb. 5, 2014 and then publicly opened and read aloud. A mandatory pre-bid conference is scheduled for 2 PM. (local time) on Wed., Jan. 22, 2014. The conference will be held at 1804 Lewis Turner Boulevard, Suite 300, Small Conference Room, Fort Walton Beach, FL. You must attend this pre-bid conference to be allowed to submit a bid. All bidders must provide references documenting successful completion of a minimum of ten elevated water tank painting projects within the last five years using the coating systems and methods specified in the bid documents. In addition, a minimum of 75% of work on this project shall be completed by the Contractor’s personnel. The Information for Bidders, Form of Bid, Form of Contract, Plans, Specifications, and Forms of Bid Bond, Performance and Payment Bonds, and other contract documents may be examined at the following: Polyengineering, Inc., (Engineer) located at 102 Sunset Lane, Shalimar, Florida, 32579, or at the Okaloosa County Water & Sewer Office located at 1804 Lewis Turner Boulevard, Suite 300, Fort Walton Beach, Florida, 32547. Copies may be obtained from Polyengineering, Inc., 102 Sunset Lane, Shalimar, FL 32579 upon payment of $25, non- refundable, for each set. All bids must be in sealed envelopes reflecting on the outside thereof "Repair and Paint Countryview and Bluewater Tanks (2014)” to be opened at 3 PM. (local time) on Wed., Feb. 5, 2014. The Board of County Commissioners will consider all bids properly submitted at its scheduled Bid Opening in the Conference & Training Room #305 located at 302 N. Wilson St, Crestview, FL 32536. Bids may be submitted in the Conference & Training Room #305, prior to Bid Opening or delivered to the Clerk of Circuit Court, 302 N. Wilson St., #203, Crestview, FL 32536. Note: Crestview is NOT a next day delivery site. Any bidder failing to mark outside of envelope as set forth herein may not be entitled to have their bid considered. All bids should be addressed as follows: Clerk of Circuit Court - ATTN: Gary Stanford Newman “Buddy” Brackin Bldg. 302 N. Wilson St., #203 Crestview, Florida 32536 ______________________________ Richard Brannon Purchasing Director Repair & Paint Countryview & Bluewater Tanks (2014) 00020-1 Job No. 41-459 Packet Pg. 131 BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA Don Amunds Chairman Repair & Paint Countryview & Bluewater Tanks (2014) 00020-2 Job No. 41-459 Packet Pg. 132  SECTION 00100 INSTRUCTIONS TO BIDDERS ARTICLE 1 - DEFINED TERMS. Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof. 1.01 Bidder - The individual or entity who submits a Bid directly to Owner. 1.02 Successful Bidder - The lowest, responsible Bidder submitting a responsive bid to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS. 2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from the Engineer. The deposit or a portion thereof will be refunded to each document holder of record who returns a complete set of Bidding Documents in good condition within thirty (30) days after opening of Bids. 2.02 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. ARTICLE 3 - QUALIFICATIONS OF BIDDERS. 3.01 The Contractor’s employees shall be trained in application techniques and procedures for the specified coating materials for this project. The Contractor shall demonstrate a minimum of five (5) years of successful experience in each specified application on elevated water storage tanks. All projects used as a reference must have been completed by the Contractor with in- house staff. Projects completed by sub-contractors, by current staff while in the employ of other companies or of structures other than elevated water tanks will not be considered. 3.02 The Contractor shall provide references for a minimum of ten elevated water storage tanks within the last five years for each specified application. Individual projects that satisfy more than one area of experience shall be clearly labeled as such in the reference list. The Contractor is solely responsible for the validity of all contact information provided. No effort will be made on part of either Owner or Engineer to locate valid contact information if data provided is not current. Repair & Paint Countryview & Bluewater Tanks 00100-1 Job No. 41-459 Packet Pg. 133  All references shall include (but not be limited to): • Name of Project • Project Location • Owner Name, Address and Telephone Number • Owner Email (if available) • Owner Contact Name • Project Engineer Firm, Address and Telephone Number • Engineer Email (if available) • Engineer Contact Name 3.03 Reference Scope of Work for Exterior Surfaces (10 tanks minimum for each): • Full containment system with a bonnet, minimum SSPC Guide 6 Class 3 including air filtration, as specified in Section 09870. • Exterior abrasive blast cleaned to SSPC-SP 10 Near White Finish with recyclable steel grit. • Application of an organic, zinc-rich urethane primer, epoxy and/or urethane intermediate and fluoropolymer urethane or polyurethane finish to exterior surface. 3.04 Reference Scope of Work for Interior Surfaces (10 tanks minimum for each): • Abrasive blast cleaned with recyclable steel grit and using adequately sized air filtration, as specified in Section 09870. • Installation of a moisture cured, urethane organic, zinc-rich primer. • Installation of 100% solids by volume, heated plural component applied, interior lining system • High voltage discontinuity testing of thick film interior lining systems. 3.05 The successful low bidder will be required to acquire a county business license before the contract will be awarded. ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE. 4.01 Subsurface and Physical Conditions A. Reference is made to the Supplementary Conditions for the identification of: 1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site, if any, that ENGINEER has used in preparing the Bidding Documents. 2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Repair & Paint Countryview & Bluewater Tanks 00100-2 Job No. 41-459 Packet Pg. 134  Facilities) that ENGINEER has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in paragraph 4.01.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in paragraph 4.02 of the General Conditions has been identified and established in paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to OWNER and ENGINEER by owners of such Underground Facilities, including OWNER, or others. ENGINEER assumes no responsibility for the accuracy or completeness of the information furnished by said owners. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that ENGINEER has used in preparing the Bid Documents. B. Copies of reports and drawings referenced in paragraph 4.03.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in paragraph 4.06 of the General Conditions has been identified and established in paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of Work appear in paragraph 4.06 of the General Conditions. 4.05 On request, OWNER will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former Repair & Paint Countryview & Bluewater Tanks 00100-3 Job No. 41-459 Packet Pg. 135 condition upon completion of such explorations, investigations, tests, and studies. 4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by OWNER or others (such as utilities and other prime contractors) that relates to the Work for which a Bid is to be submitted. On request, OWNER will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for each other work. 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, including any Addenda and the other related data identified in the Bidding Documents; B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, or performance of the Work; D. carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and carefully study all reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions; E. obtain and carefully study (or assume responsibility for doing so) all examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto; F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents; G. become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents; H. correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Repair & Paint Countryview & Bluewater Tanks 00100-4 Job No. 41-459 Packet Pg. 136 Documents; I. promptly give ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to Bidder; and J. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by ENGINEER are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE 5 - SITE AND OTHER AREAS. 5.01 The site is identified in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents. ARTICLE 6 - INTERPRETATIONS AND ADDENDA. 6.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to ENGINEER in writing. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed, emailed, faxed or delivered to all parties recorded by ENGINEER as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. ARTICLE 7 - BID SECURITY. 7.01 A Bid must be accompanied by Bid security made payable to OWNER in an amount of 5% of Bidder’s maximum Bid price and in the form of a cashier’s check or a Bid Bond on the Repair & Paint Countryview & Bluewater Tanks 00100-5 Job No. 41-459 Packet Pg. 137 form attached issued by a surety meeting the requirements of paragraphs 5.01 and 5.02 of the General Conditions. 7.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, OWNER may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of seven (7) days after the effective date of the Agreement or thirty-six (36) days after the bid opening whereupon Bid security furnished by such Bidder will be returned. 7.03 Bid security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening. ARTICLE 8 - CONTRACT TIMES. 8.01 The number of days within which, or the dates by which, the Work is to be (a) Substantially Completed and (b) also completed and ready for final payment are set forth in the Agreement. ARTICLE 9 - LIQUIDATED DAMAGES. 9.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 10 - SUBSTITUTE AND “OR-EQUAL” ITEMS. 10.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or “or-equal” items. Whenever it is specified or described in the Bidding Documents that a substitute or “or- equal” item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement. The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in the General Conditions and may be supplement in the General Requirements. Repair & Paint Countryview & Bluewater Tanks 00100-6 Job No. 41-459 Packet Pg. 138 ARTICLE 11 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS. 11.01 The Contractor shall perform a minimum of 75 percent of work by his own work forces unless specifically authorized by the Owner and Engineer and no Subcontractor shall be allowed to perform work on the project unless they are acceptable to the Owner and Engineer. 11.02 If OWNER requests the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to OWNER in advance of the Effective Date of the Agreement as provided for in paragraph 6.06.B.1) of the Supplementary Conditions, the apparent Successful Bidder, and any other Bidder so requested, shall within seven (7) days after receipt of a written request from the OWNER or the ENGINEER, submit to OWNER a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by OWNER. If OWNER or ENGINEER, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, OWNER may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, in which case apparent Successful Bidder shall submit an acceptable substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and OWNER may consider such price adjustment in evaluating Bids and making the contract award. 11.03 If apparent Successful Bidder declines to make any such substitution, OWNER may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which OWNER or ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in paragraph 6.06 of the General Conditions. 11.04 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom CONTRACTOR has reasonable objection. ARTICLE 12 - PREPARATION OF BID. 12.01 The bid form is included with the Bidding Documents. Additional copies may be obtained from ENGINEER. The Bidder shall submit an original and two (2) copies of the bid form. 12.02 All blanks on the Bid form shall be completed by printing in ink or by typewriter and the Bid signed. A Bid price shall be indicated for each section, Bid item, alternative, adjustment unit price item, and unit price item listed therein, or the words “No Bid”, “No Change”, or “Not Applicable” entered. 12.03 A Bid by a corporation shall be executed in the corporate name by the president or a Repair & Paint Countryview & Bluewater Tanks 00100-7 Job No. 41-459 Packet Pg. 139 vice-president or other corporate officer who has legal authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 12.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature). The official address of the partnership shall be shown below the signature. 12.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown below the signature. 12.06 A Bid by an individual shall show the Bidder’s name and official address. 12.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid form. The official address of the joint venture must be shown below the signature. 12.08 All names shall be typed or printed in ink below the signature. 12.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid form. 12.10 The address and telephone number for communications regarding the Bid shall be shown. 12.11 If the Bidder is an out-of-state corporation, the Bid shall contain evidence of Bidder’s authority and qualification to do business as an out-of-state corporation in the State of Florida in accordance with Article 3. Bidder’s state contractor license number for the State of Florida shall also be shown on the Bid form, if applicable. Contractor shall be licensed in accordance with the requirements of Chapter 489 of the Florida Statues. ARTICLE 13 - BASIS OF BID; EVALUATION OF BIDS. 13.01 Unit Price A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule. B. The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item. The final quantities and Contract Price will be determined in accordance with paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. Repair & Paint Countryview & Bluewater Tanks 00100-8 Job No. 41-459 Packet Pg. 140 13.02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in paragraph 11.02 of the General Conditions. 13.03 When completion times are not set forth in the agreement but instead are to be specified by the BIDDER, bid prices will be compared after adjusting for differences in the time designated by Bidders for Substantial Completion. The adjusting amount will be determined at the rate set forth in the Contract Documents for liquidated damages for failing to achieve Substantial Completion for each day before or after the desired date appearing in Article 9. ARTICLE 14 - SUBMITTAL OF BID. 14.01 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the advertisement or invitation to Bid and shall be enclosed in an opaque sealed envelope plainly marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of the Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid shall be addressed to: Clerk of Circuit Court ATTN: Gary Stanford Newman “Buddy” Brackin Bldg. 302 N. Wilson St., Suite 203 Crestview, FL 32536 NOTE: CRESTVIEW IS NOT A NEXT DAY DELIVERY SITE FOR OVERNIGHT CARRIERS. ARTICLE 15 - MODIFICATION AND WITHDRAWAL OF BID. 15.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. 15.02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from 1) further bidding on the Work, and 2) doing any work on the Contract, either as a subcontractor or in any other capacity. ARTICLE 16 - OPENING OF BIDS. 16.01 Bid opening shall be public, on the date and time specified on the Bid form. It is the Bidder’s responsibility to assure that his bid is delivered at the proper time and place. Offers by Repair & Paint Countryview & Bluewater Tanks 00100-9 Job No. 41-459 Packet Pg. 141 email, telegram, facsimile or telephone are not acceptable. 16.02 Bids will be opened at the time and place indicated in the advertisement or invitation to Bid and, unless obviously non-responsive, read aloud publicly. A tabulation of the amounts of Bids will be made available to Bidders after the opening of Bids. ARTICLE 17 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE. 17.01 All Bids will remain subject to acceptance for thirty-five (35) days after the day of the bid opening, but the OWNER may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. ARTICLE 18 - AWARD OF CONTRACT. 18.01 Right to Waive and Reject: A. The Board, in its absolute discretion, may reject any Bid of a Bidder that has failed, in the opinion of the Board, to complete or perform an Okaloosa County contracted project in a timely fashion or has failed in any other way, in the opinion of the Board, to perform a prior contract in a satisfactory manner, and has directed the Okaloosa County Purchasing Director to emphasize this condition to potential proposers. B. There is no obligation on the part of the County to award the Bid to the lowest Bidder, and the County reserves the right to award the Bid to Bidder submitting a responsive Bid with a resulting negotiated agreement which is most advantageous and in the best interest of Okaloosa County and to reject any and all Bids or to waive any irregularity or technicality in Bids received. Okaloosa County shall be the sole judge of the Bid and the resulting negotiated agreement that is in its best interest and its decision shall be final. C. The Board of County Commissioners reserves the right to waive any informalities or reject any and all Bids, in whole or part, to utilize any applicable state contracts in lieu of or in addition to this Bid and to accept the Bid that in its judgement will best serve the interest of the County. D. The Board of County Commissioners specifically reserves the right to reject any conditional Bids and will normally reject those which made it impossible to determine the true amount of the Bid. Each item must be Bid separately and no attempt is to be made to tie any item or items to any other item or items. 18.02 Disqualification of Bidders: Any of the following reasons may be considered as sufficient for the disqualification of a Bidder and the rejection of his Bid or Bids: A. More than one Bid for the same work from an individual, firm or corporation under the same or different name. Repair & Paint Countryview & Bluewater Tanks 00100-10 Job No. 41-459 Packet Pg. 142 B. Evidence that the Bidder has a financial interest in the firm of another Bidder for the same work. C. Evidence of collusion among Bidders. Participants in such collusion will receive no recognition as Bidders for any future work of the County until such participant shall have been reinstated as a qualified Bidder. D. Uncompleted work which in the judgement of the County might hinder or prevent the prompt completion of additional work if awarded. E. Failure to pay or satisfactorily settle all bills due for labor and material on former contracts in force at the time of advertisement for bids. F. Default under previous contract. G. Listing of the Bidder by the Federal Government on its barred/suspended vendor list. ARTICLE 19 - CONTRACT SECURITY AND INSURANCE. 19.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth OWNER’s requirements as to performance and payment Bonds and insurance. When the Successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by such Bonds and Insurance Certificates. ARTICLE 20 - SIGNING OF AGREEMENT. 20.01 When OWNER gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER. Within ten days thereafter, OWNER shall deliver one fully signed counterpart to Successful Bidder with a complete set of the Drawings with appropriate identification. ARTICLE 21 - PUBLIC ENTITY CRIME INFORMATION. 21.01 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 bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as 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. Repair & Paint Countryview & Bluewater Tanks 00100-11 Job No. 41-459 Packet Pg. 143 ARTICLE 22 - CONFLICT OF INTEREST. 22.01 The award hereunder is subject to the provision of Chapter 112, Florida Statutes. All bidders must disclose with their bid proposal the name of any officer, director, or agent who is also a public officer or an employee of the Okaloosa County Board of County Commissioners, or any of its agencies. Further, all bidders must disclose with their bid proposal the name of any County officer or employee who owns, directly or indirectly, an interest of five percent (5%) or more in the firm or any of its branches. 22.02 The Contractor, prior to or at the time of submission of the bid proposal, must file a statement with the Clerk of Circuit Court of Okaloosa County, or other designated official in the case of another owner, if he is an officer or employee of the County, disclosing his or spouse's or child's interest and the nature of the intended business. Note: (For Bidder's convenience, this form of Conflict of Interest Disclosure is enclosed as Attachment "A" with Section 00300 "Bid Proposal" and is made a part of the Bid Package.) ARTICLE 23 - PRE-BID CONFERENCE. 23.01 A mandatory Pre-Bid conference will be held at 2:00 PM on Wednesday, January 22, 2014 in the Small Conference Room, 1804 Lewis Turner Blvd., Fort Walton Beach, FL 32547. Representatives of OWNER and ENGINEER will be present to discuss the Project. Bidders are required to attend and participate in the conference. ENGINEER will transmit to all prospective Bidders of record such Addenda as ENGINEER considers necessary to response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. ARTICLE 24 - IDENTICAL TIE PROPOSALS 24.01 Preference shall be given to businesses with drug-free workplace programs. Should two or more proposals which are equal with respect to price, quality and service be received by the County for the procurement of commodities or contractual services, a proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to determine whether or not a business has such a program, the enclosed Drug-Free Workplace Certification form must be submitted with the bid. Failure to submit this Certification will result in your bid being declared non-responsive; provided, however, that the low bidder may be given the opportunity to submit the Certification to the County within five (5) calendar days after notification by the County if this is determined to be in the best interest of the County. 24.02 Established procedures for processing tie proposals will be followed if none of the tied vendors have a drug-free workplace program. Note: (For Bidder's convenience, this form of Drug-Free Workplace Certification is enclosed as Attachment "B" with Section 00300 "Bid Proposal" and is made a part of the Bid Repair & Paint Countryview & Bluewater Tanks 00100-12 Job No. 41-459 Packet Pg. 144  Package.) ARTICLE 25 - INDEMNIFICATION AND HOLD HARMLESS 25.01 Each Bidder must submit with his bid an executed sworn certification that he will comply with the Hold Harmless in accordance with the provisions of Florida Statutes, Section 725.06 To the fullest extent permitted by law, CONTRACTOR shall indemnify hold harmless OWNER, its officers and employees from liabilities, damages, losses, and costs including but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of this Agreement. Note: (For Bidder's convenience, this Certification Form is enclosed as Attachment "C" with Section 00300 "Bid Proposal" and is made a part of the Bid Package.) ARTICLE 26 - DISCRIMINATION 26.01 An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. ARTICLE 27 - INSURANCE 27.1 Each Bidder along with his insurance agent/carrier shall review the insurance requirements for this project and each Bidder shall submit with his bid an executed sworn certification that insurance policies currently in effect meet the requirements or that a quotation for additional policies or policy modifications was obtained to meet the requirements of this project. Note: (For Bidder’s convenience, this Insurance Compliance Certification Form is enclosed as Attachment “D” with Section 00300 “Bid Proposal” and is made a part of the Bid Package.) ARTICLE 28 - REFERENCES 28.1 Each Bidder shall provide a listing of references as outlined in Paragraph 3 of this Section. Note: (For Bidder’s convenience, a Reference Form is enclosed as Attachment “E” with Section 00300 “Bid Proposal” and is made a part of the Bid Package. Bidder may Repair & Paint Countryview & Bluewater Tanks 00100-13 Job No. 41-459 Packet Pg. 145  substitute reference listing of their own format for Attachment “E” if said listing includes all information for each project outlined in Paragraph 3 of this Section.) ARTICLE 29 - NO CONTACT CLAUSE 28.1 The Okaloosa County Board of County Commissioners has established a solicitation silence policy (No Contact Clause) that prohibits oral and written communication regarding all formal solicitations for goods and services (formal bids, Request for Proposals, Requests for Qualifications) issued by the Board through the County Purchasing Department. The period commences when the procurement document is received and terminates when the Board of County Commissioners approves an award. Each Bidder shall review and sign the enclosed form indicating that the Bidder agrees to abide by the County’s “No Contact Clause” and understands that a violation of this policy shall result in disqualification of their bid. Note: (For Bidder’s convenience, this No Contact Clause Form is enclosed as Attachment “F” with Section 00300 “Bid Proposal” and is made a part of the Bid Package.) ARTICLE 30 - PROTECTION OF RESIDENT WORKERS 29.1 The Okaloosa County Board of County Commissioners actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States, (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U. S. the employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification. The contractor shall establish appropriate procedures and controls so no services or products under the contract documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. Okaloosa County reserves the right to request documentation showing compliance with the requirement. Note: (For Bidder’s convenience, this Protection of Resident Workers form is enclosed as Attachment “G” with Section 00300 “Bid Proposal” and is made a part of the Bid Package.) END OF SECTION 00100. Repair & Paint Countryview & Bluewater Tanks 00100-14 Job No. 41-459 Packet Pg. 146 Packet Pg. 147 Packet Pg. 148 Packet Pg. 149 Packet Pg. 150 Packet Pg. 151 Packet Pg. 152 Packet Pg. 153 Packet Pg. 154 Packet Pg. 155 Packet Pg. 156 Packet Pg. 157 Packet Pg. 158 Packet Pg. 159 Packet Pg. 160 Packet Pg. 161 Packet Pg. 162 Packet Pg. 163 Packet Pg. 164 Packet Pg. 165 Packet Pg. 166 Packet Pg. 167 Packet Pg. 168 Packet Pg. 169 Packet Pg. 170 Packet Pg. 171 Packet Pg. 172 Packet Pg. 173 Packet Pg. 174 Packet Pg. 175 Packet Pg. 176 Packet Pg. 177 Packet Pg. 178 Packet Pg. 179 Packet Pg. 180 Packet Pg. 181 Packet Pg. 182 Packet Pg. 183  This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America Construction Specifications Institute These General Conditions have been prepared for use with the Owner-Contractor Agreements (No. 1910-8-A-1 or 1910-8- A-2) (1996 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC User’s Guide (No. 1910-50). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1996 Edition). EJCDC No. 1910-8 (1996 Edition) General Conditions Page 00700-1 Packet Pg. 184  Copyright ©1996 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Consulting Engineers Council 1015 15th Street N.W., Washington, DC 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 General Conditions Page 00700-2 Packet Pg. 185  TABLE OF CONTENTS Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY................................................................................................................6 1.01 Defined Terms ...................................................................................................................................................6 1.02 Terminology.......................................................................................................................................................8 ARTICLE 2 - PRELIMINARY MATTERS ..................................................................................................................................9 2.01 Delivery of Bonds ..............................................................................................................................................9 2.02 Copies of Documents.........................................................................................................................................9 2.03 Commencement of Contract Times; Notice to Proceed ...................................................................................9 2.04 Starting the Work ..............................................................................................................................................9 2.05 Before Starting Construction ............................................................................................................................9 2.06 Preconstruction Conference .............................................................................................................................10 2.07 Initial Acceptance of Schedules ........................................................................................................................10 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE .........................................................................10 3.01 Intent..................................................................................................................................................................10 3.02 Reference Standards..........................................................................................................................................10 3.03 Reporting and Resolving Discrepancies...........................................................................................................11 3.04 Amending and Supplementing Contract Documents........................................................................................11 3.05 Reuse of Documents ..........................................................................................................................................11 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS .....................................................................................................................................................................11 4.01 Availability of Lands .........................................................................................................................................11 4.02 Subsurface and Physical Conditions ................................................................................................................12 4.03 Differing Subsurface or Physical Conditions...................................................................................................12 4.04 Underground Facilities.....................................................................................................................................13 4.05 Reference Points................................................................................................................................................14 4.06 Hazardous Environmental Condition at Site....................................................................................................14 ARTICLE 5 - BONDS AND INSURANCE ..................................................................................................................................15 5.01 Performance, Payment, and Other Bonds........................................................................................................15 5.02 Licensed Sureties and Insurers .........................................................................................................................15 5.03 Certificates of Insurance ...................................................................................................................................15 5.04 CONTRACTOR’s Liability Insurance ..............................................................................................................15 5.05 OWNER’s Liability Insurance ..........................................................................................................................16 5.06 Property Insurance............................................................................................................................................16 5.07 Waiver of Rights ................................................................................................................................................17 5.08 Receipt and Application of Insurance Proceeds...............................................................................................18 5.09 Acceptance of Bonds and Insurance; Option to Replace.................................................................................18 5.10 Partial Utilization, Acknowledgment of Property Insurer ...............................................................................18 ARTICLE 6 - CONTRACTOR’S RESPONSIBILITIES ..............................................................................................................18 6.01 Supervision and Superintendence.....................................................................................................................19 6.02 Labor; Working Hours......................................................................................................................................19 6.03 Services, Materials, and Equipment .................................................................................................................19 6.04 Progress Schedule.............................................................................................................................................19 6.05 Substitutes and “Or-Equals”............................................................................................................................19 6.07 Patent Fees and Royalties.................................................................................................................................22 6.08 Permits...............................................................................................................................................................22 6.09 Laws and Regulations .......................................................................................................................................22 6.10 Taxes..................................................................................................................................................................22 General Conditions Page 00700-3 Packet Pg. 186  6.11 Use of Site and Other Areas..............................................................................................................................22 6.13 Safety and Protection ........................................................................................................................................23 6.14 Safety Representative ........................................................................................................................................23 6.15 Hazard Communication Programs...................................................................................................................24 6.16 Emergencies ......................................................................................................................................................24 6.17 Shop Drawings and Samples ............................................................................................................................24 6.18 Continuing the Work .........................................................................................................................................25 6.19 CONTRACTOR’s General Warranty and Guarantee......................................................................................25 6.20 Indemnification..................................................................................................................................................25 ARTICLE 7 - OTHER WORK .......................................................................................................................................................26 7.01 Related Work at Site..........................................................................................................................................26 7.02 Coordination .....................................................................................................................................................27 ARTICLE 8 - OWNER’S RESPONSIBILITIES...........................................................................................................................27 8.01 Communications to Contractor ........................................................................................................................27 8.02 Replacement of ENGINEER .............................................................................................................................27 8.03 Furnish Data .....................................................................................................................................................27 8.04 Pay Promptly When Due...................................................................................................................................27 8.05 Lands and Easements; Reports and Tests ........................................................................................................27 8.06 Insurance ...........................................................................................................................................................27 8.07 Change Orders ..................................................................................................................................................27 8.08 Inspections, Tests, and Approvals.....................................................................................................................27 8.09 Limitations on OWNER’s Responsibilities .......................................................................................................27 8.10 Undisclosed Hazardous Environmental Condition..........................................................................................27 8.11 Evidence of Financial Arrangements ...............................................................................................................27 ARTICLE 9 - ENGINEER’S STATUS DURING CONSTRUCTION ........................................................................................28 9.01 OWNER’S Representative.................................................................................................................................28 9.02 Visits to Site .......................................................................................................................................................28 9.03 Project Representative ......................................................................................................................................28 9.04 Clarifications and Interpretations ....................................................................................................................28 9.05 Authorized Variations in Work .........................................................................................................................28 9.06 Rejecting Defective Work..................................................................................................................................28 9.07 Shop Drawings, Change Orders and Payments...............................................................................................28 9.08 Determinations for Unit Price Work…………………………………………………………......................28 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work ............................................29 9.10 Limitations on ENGINEER’s Authority and Responsibilities..........................................................................29 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS ...............................................................................................................29 10.01 Authorized Changes in the Work ....................................................................................................................29 10.02 Unauthorized Changes in the Work................................................................................................................30 10.03 Execution of Change Orders...........................................................................................................................30 10.04 Notification to Surety ......................................................................................................................................30 10.05 Claims and Disputes .......................................................................................................................................30 ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK.........................................................31 11.01 Cost of the Work..............................................................................................................................................31 11.02 Cash Allowances .............................................................................................................................................32 11.03 Unit Price Work ..............................................................................................................................................33 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES .......................................................33 12.01 Change of Contract Price ...............................................................................................................................33 12.02 Change of Contract Times ..............................................................................................................................34 12.03 Delays Beyond CONTRACTOR’s Control .....................................................................................................34 12.04 Delays Within CONTRACTOR’s Control ......................................................................................................34 12.06 Delay Damages ...............................................................................................................................................34 General Conditions Page 00700-4 Packet Pg. 187 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK................................................................................................................................................35 13.01 Notice of Defects .............................................................................................................................................35 13.02 Access to Work ................................................................................................................................................35 13.03 Tests and Inspections ......................................................................................................................................35 13.04 Uncovering Work ............................................................................................................................................35 13.05 OWNER May Stop the Work...........................................................................................................................36 13.06 Correction or Removal of Defective Work .....................................................................................................36 13.07 Correction Period ...........................................................................................................................................36 13.08 Acceptance of Defective Work ........................................................................................................................36 13.09 OWNER May Correct Defective Work ...........................................................................................................36 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION..................................................................................37 14.01 Schedule of Values ..........................................................................................................................................37 14.02 Progress Payments..........................................................................................................................................37 14.03 CONTRACTOR’s Warranty of Title ...............................................................................................................39 14.04 Substantial Completion ...................................................................................................................................39 14.05 Partial Utilization............................................................................................................................................39 14.06 Final Inspection...............................................................................................................................................40 14.07 Final Payment ................................................................................................................................................40 14.08 Final Completion Delayed..............................................................................................................................40 14.09 Waiver of Claims.............................................................................................................................................41 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION ............................................................................................41 15.01 OWNER May Suspend Work.........................................................................................................................41 15.02 OWNER May Terminate for Cause ................................................................................................................41 15.03 OWNER May Terminate For Convenience ....................................................................................................42 15.04 CONTRACTOR May Stop Work or Terminate ..............................................................................................42 ARTICLE 16 - DISPUTE RESOLUTION.....................................................................................................................................42 16.01 Methods and Procedures ................................................................................................................................42 ARTICLE 17 - MISCELLANEOUS ..............................................................................................................................................42 17.01 Giving Notice...................................................................................................................................................42 17.02 Computation of Times .....................................................................................................................................42 17.03 Cumulative Remedies......................................................................................................................................43 17.04 Survival of Obligations ...................................................................................................................................43 17.05 Controlling Law ..............................................................................................................................................43 General Conditions Page 00700-5 Packet Pg. 188  GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY the terms of the Contract. A demand for money or services by a third party is not a Claim. 1.01 Defined Terms 11. Contract--The entire and integrated written A. Wherever used in the Contract Documents and agreement between the OWNER and CONTRACTOR printed with initial or all capital letters, the terms listed concerning the Work. The Contract supersedes prior below will have the meanings indicated which are negotiations, representations, or agreements, whether applicable to both the singular and plural thereof. written or oral. 1. Addenda--Written or graphic instruments 12. Contract Documents--The Contract Docu- issued prior to the opening of Bids which clarify, correct, or ments establish the rights and obligations of the parties and change the Bidding Requirements or the Contract include the Agreement, Addenda (which pertain to the Documents. Contract Documents), CONTRACTOR’s Bid (including documentation accompanying the Bid and any post Bid 2. Agreement--The written instrument which is documentation submitted prior to the Notice of Award) evidence of the agreement between OWNER and when attached as an exhibit to the Agreement, the Notice to CONTRACTOR covering the Work. Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the 3. Application for Payment--The form Drawings as the same are more specifically identified in the acceptable to ENGINEER which is to be used by CON- Agreement, together with all Written Amendments, Change TRACTOR during the course of the Work in requesting Orders, Work Change Directives, Field Orders, and progress or final payments and which is to be accompanied ENGINEER’s written interpretations and clarifications by such supporting documentation as is required by the issued on or after the Effective Date of the Agreement. Contract Documents. Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract 4. Asbestos--Any material that contains more Documents. Only printed or hard copies of the items listed than one percent asbestos and is friable or is releasing in this paragraph are Contract Documents. Files in asbestos fibers into the air above current action levels electronic media format of text, data, graphics, and the like established by the United States Occupational Safety and that may be furnished by OWNER to CONTRACTOR are Health Administration. not Contract Documents. 5. Bid--The offer or proposal of a bidder 13. Contract Price--The moneys payable by submitted on the prescribed form setting forth the prices for OWNER to CONTRACTOR for completion of the Work the Work to be performed. in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.03 in 6. Bidding Documents--The Bidding the case of Unit Price Work). Requirements and the proposed Contract Documents (in- cluding all Addenda issued prior to receipt of Bids). 14. Contract Times--The number of days or the dates stated in the Agreement to: (i) achieve Substantial 7. Bidding Requirements--The Advertisement or Completion; and (ii) complete the Work so that it is ready Invitation to Bid, Instructions to Bidders, Bid security form, for final payment as evidenced by ENGINEER’s written if any, and the Bid form with any supplements. recommendation of final payment. 8. Bonds--Performance and payment bonds and 15. CONTRACTOR--The individual or entity other instruments of security. with whom OWNER has entered into the Agreement. 9. Change Order--A document recommended 16. Cost of the Work--See paragraph 11.01.A for by ENGINEER which is signed by CONTRACTOR and definition. OWNER and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the 17. Drawings--That part of the Contract Contract Times, issued on or after the Effective Date of the Documents prepared or approved by ENGINEER which Agreement. graphically shows the scope, extent, and character of the Work to be performed by CONTRACTOR. Shop 10. Claim--A demand or assertion by OWNER or Drawings and other CONTRACTOR submittals are not CONTRACTOR seeking an adjustment of Contract Price Drawings as so defined. or Contract Times, or both, or other relief with respect to General Conditions Page 00700-6 Packet Pg. 189  18. Effective Date of the Agreement--The date Contract Times will commence to run and on which indicated in the Agreement on which it becomes effective, CONTRACTOR shall start to perform the Work under the but if no such date is indicated, it means the date on which Contract Documents. the Agreement is signed and delivered by the last of the two parties to sign and deliver. 30. OWNER--The individual, entity, public body, or authority with whom CONTRACTOR has entered into 19. ENGINEER--The individual or entity named the Agreement and for whom the Work is to be performed. as such in the Agreement. 31. Partial Utilization--Use by OWNER of a 20. ENGINEER's Consultant--An individual or substantially completed part of the Work for the purpose entity having a contract with ENGINEER to furnish for which it is intended (or a related purpose) prior to services as ENGINEER’s independent professional Substantial Completion of all the Work. associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 32. PCBs--Polychlorinated biphenyls. 21. Field Order--A written order issued by 33. Petroleum--Petroleum, including crude oil or ENGINEER which requires minor changes in the Work but any fraction thereof which is liquid at standard conditions which does not involve a change in the Contract Price or of temperature and pressure (60 degrees Fahrenheit and the Contract Times. 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, 22. General Requirements--Sections of Division kerosene, and oil mixed with other non-Hazardous Waste 1 of the Specifications. The General Requirements pertain and crude oils. to all sections of the Specifications. 34. Project--The total construction of which the 23. Hazardous Environmental Condition--The Work to be performed under the Contract Documents may presence at the Site of Asbestos, PCBs, Petroleum, be the whole, or a part as may be indicated elsewhere in the Hazardous Waste, or Radioactive Material in such Contract Documents. quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection 35. Project Manual--The bound documentary with the Work. information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, 24. Hazardous Waste--The term Hazardous which may be bound in one or more volumes, is contained Waste shall have the meaning provided in Section 1004 of in the table(s) of contents. the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 36. Radioactive Material--Source, special nuclear, or byproduct material as defined by the Atomic 25. Laws and Regulations; Laws or Regulations-- Energy Act of 1954 (42 USC Section 2011 et seq.) as Any and all applicable laws, rules, regulations, ordinances, amended from time to time. codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 37. Resident Project Representative--The authorized representative of ENGINEER who may be 26. Liens--Charges, security interests, or assigned to the Site or any part thereof. encumbrances upon Project funds, real property, or personal property. 38. Samples--Physical examples of materials, equipment, or workmanship that are representative of some 27. Milestone--A principal event specified in the portion of the Work and which establish the standards by Contract Documents relating to an intermediate completion which such portion of the Work will be judged. date or time prior to Substantial Completion of all the Work. 39. Shop Drawings--All drawings, diagrams, illustrations, schedules, and other data or information which 28. Notice of Award--The written notice by are specifically prepared or assembled by or for CON- OWNER to the apparent successful bidder stating that upon TRACTOR and submitted by CONTRACTOR to illustrate timely compliance by the apparent successful bidder with some portion of the Work. the conditions precedent listed therein, OWNER will sign and deliver the Agreement. 40. Site--Lands or areas indicated in the Contract Documents as being furnished by OWNER upon which the 29. Notice to Proceed--A written notice given by Work is to be performed, including rights-of-way and OWNER to CONTRACTOR fixing the date on which the easements for access thereto, and such other lands General Conditions Page 00700-7 Packet Pg. 190 furnished by OWNER which are designated for the use of by ENGINEER ordering an addition, deletion, or revision CONTRACTOR. in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is 41. Specifications--That part of the Contract to be performed or to emergencies. A Work Change Documents consisting of written technical descriptions of Directive will not change the Contract Price or the Contract materials, equipment, systems, standards, and workmanship Times but is evidence that the parties expect that the change as applied to the Work and certain administrative details ordered or documented by a Work Change Directive will applicable thereto. be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, 42. Subcontractor--An individual or entity on the Contract Price or Contract Times. having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the 50. Written Amendment--A written statement Work at the Site. modifying the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the 43. Substantial Completion--The time at which Agreement and normally dealing with the nonengineering the Work (or a specified part thereof) has progressed to the or nontechnical rather than strictly construction-related point where, in the opinion of ENGINEER, the Work (or a aspects of the Contract Documents. specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work 1.02 Terminology (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms “substantially A. Intent of Certain Terms or Adjectives complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion thereof. 1. Whenever in the Contract Documents the terms “as allowed,” “as approved,” or terms of like 44. Supplementary Conditions--That part of the effect or import are used, or the adjectives “reasonable,” Contract Documents which amends or supplements these “suitable,” “acceptable,” “proper,” “satisfactory,” or General Conditions. adjectives of like effect or import are used to describe an action or determination of ENGINEER as to the 45. Supplier--A manufacturer, fabricator, suppli- Work, it is intended that such action or determination er, distributor, materialman, or vendor having a direct will be solely to evaluate, in general, the completed contract with CONTRACTOR or with any Subcontractor Work for compliance with the requirements of and to furnish materials or equipment to be incorporated in the information in the Contract Documents and Work by CONTRACTOR or any Subcontractor. conformance with the design concept of the completed Project as a functioning whole as shown or indicated in 46. Underground Facilities--All underground the Contract Documents (unless there is a specific pipelines, conduits, ducts, cables, wires, manholes, vaults, statement indicating otherwise). The use of any such tanks, tunnels, or other such facilities or attachments, and term or adjective shall not be effective to assign to any encasements containing such facilities, including those ENGINEER any duty or authority to supervise or direct that convey electricity, gases, steam, liquid petroleum the performance of the Work or any duty or authority products, telephone or other communications, cable to undertake responsibility contrary to the provisions of television, water, wastewater, storm water, other liquids or paragraph 9.10 or any other provision of the Contract chemicals, or traffic or other control systems. Documents. 47. Unit Price Work--Work to be paid for on the B. Day basis of unit prices. 1. The word “day” shall constitute a 48. Work--The entire completed construction or calendar day of 24 hours measured from midnight to the various separately identifiable parts thereof required to the next midnight. be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, C. Defective services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating 1. The word “defective,” when modifying all materials and equipment into such construction, all as the word “Work,” refers to Work that is required by the Contract Documents. unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents or does not 49. Work Change Directive--A written statement meet the requirements of any inspection, reference to CONTRACTOR issued on or after the Effective Date of standard, test, or approval referred to in the Contract the Agreement and signed by OWNER and recommended Documents, or has been damaged prior to General Conditions Page 00700-8 Packet Pg. 191  ENGINEER’s recommendation of final payment 2.03 Commencement of Contract Times; Notice to (unless responsibility for the protection thereof has Proceed been assumed by OWNER at Substantial Completion in accordance with paragraph 14.04 or A. The Contract Times will commence to run on the 14.05). thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the D. Furnish, Install, Perform, Provide Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the 1. The word “furnish,” when used in Agreement. In no event will the Contract Times commence connection with services, materials, or equipment, to run later than the sixtieth day after the day of Bid shall mean to supply and deliver said services, opening or the thirtieth day after the Effective Date of the materials, or equipment to the Site (or some other Agreement, whichever date is earlier. specified location) ready for use or installation and in usable or operable condition. 2.04 Starting the Work 2. The word “install,” when used in SEE SUPPLEMENTARY CONDITIONS (SECTION connection with services, materials, or equipment, 00800) shall mean to put into use or place in final position said services, materials, or equipment complete and A. CONTRACTOR shall start to perform the Work ready for intended use. on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which 3. The words “perform” or “provide,” when the Contract Times commence to run. used in connection with services, materials, or equipment, shall mean to furnish and install said 2.05 Before Starting Construction services, materials, or equipment complete and ready for intended use. A. CONTRACTOR’s Review of Contract Documents: Before undertaking each part of the Work, 4. When “furnish,” “install,” “perform,” or CONTRACTOR shall carefully study and compare the “provide” is not used in connection with services, Contract Documents and check and verify pertinent figures materials, or equipment in a context clearly requiring an therein and all applicable field measurements. obligation of CONTRACTOR, “provide” is implied. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity, or discrepancy E. Unless stated otherwise in the Contract Docu- which CONTRACTOR may discover and shall obtain a ments, words or phrases which have a well-known written interpretation or clarification from ENGINEER technical or construction industry or trade meaning are used before proceeding with any Work affected thereby; in the Contract Documents in accordance with such however, CONTRACTOR shall not be liable to OWNER recognized meaning. or ENGINEER for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless CONTRACTOR knew or reasonably should have ARTICLE 2 - PRELIMINARY MATTERS known thereof. 2.01 Delivery of Bonds B. Preliminary Schedules: Within ten days after the Effective Date of the Agreement (unless otherwise A. When CONTRACTOR delivers the executed specified in the General Requirements), CONTRACTOR Agreements to OWNER, CONTRACTOR shall also shall submit to ENGINEER for its timely review: deliver to OWNER such Bonds as CONTRACTOR may be required to furnish. 1. a preliminary progress schedule indicating the times (numbers of days or dates) for 2.02 Copies of Documents starting and completing the various stages of the Work, including any Milestones specified in the SEE SUPPLEMENTARY CONDITIONS (SECTION Contract Documents; 00800) 2. a preliminary schedule of Shop Drawing A. OWNER shall furnish to CONTRACTOR up to and Sample submittals which will list each required ten copies of the Contract Documents. Additional copies submittal and the times for submitting, reviewing, will be furnished upon request at the cost of reproduction. and processing such submittal; and General Conditions Page 00700-9 Packet Pg. 192  3. a preliminary schedule of values for all responsibility for the progress schedule, for of the Work which includes quantities and prices of sequencing, scheduling, or progress of the Work nor items which when added together equal the Contract interfere with or relieve CONTRACTOR from Price and subdivides the Work into component parts CONTRACTOR’s full responsibility therefore. in sufficient detail to serve as the basis for progress payments during performance of the Work. Such 2. CONTRACTOR’s schedule of Shop prices will include an appropriate amount of Drawing and Sample submittals will be acceptable overhead and profit applicable to each item of to ENGINEER if it provides a workable Work. arrangement for reviewing and processing the required submittals. SEE SUPPLEMENTARY CONDITIONS (SECTION 00800) 3. CONTRACTOR’s schedule of values C. Evidence of Insurance: Before any Work at the will be acceptable to ENGINEER as to form and Site is started, CONTRACTOR and OWNER shall each substance if it provides a reasonable allocation of deliver to the other, with copies to each additional insured the Contract Price to component parts of the Work. identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, them or any additional insured may reasonably request) AMENDING, REUSE which CONTRACTOR and OWNER respectively are required to purchase and maintain in accordance with 3.01 Intent Article 5. SEE ALSO SUPPLEMENTARY CONDITIONS (SECTION 2.06 Preconstruction Conference 00800) SEE SUPPLEMENTARY CONDITIONS (SECTION A. The Contract Documents are complementary; 00800) what is called for by one is as binding as if called for by all. A. Within 20 days after the Contract Times start to run, but before any Work at the Site is started, a conference B. It is the intent of the Contract Documents to attended by CONTRACTOR, ENGINEER, and others as describe a functionally complete Project (or part thereof) to appropriate will be held to establish a working be constructed in accordance with the Contract Documents. understanding among the parties as to the Work and to Any labor, documentation, services, materials, or discuss the schedules referred to in paragraph 2.05.B, equipment that may reasonably be inferred from the procedures for handling Shop Drawings and other Contract Documents or from prevailing custom or trade submittals, processing Applications for Payment, and usage as being required to produce the intended result will maintaining required records. be provided whether or not specifically called for at no additional cost to OWNER. 2.07 Initial Acceptance of Schedules C. Clarifications and interpretations of the Contract SEE SUPPLEMENTARY CONDITIONS (SECTION 00800) Documents shall be issued by ENGINEER as provided in Article 9. A. Unless otherwise provided in the Contract Documents, at least ten days before submission of the first 3.02 Reference Standards Application for Payment a conference attended by CONTRACTOR, ENGINEER, and others as appropriate A. Standards, Specifications, Codes, Laws, and will be held to review for acceptability to ENGINEER as Regulations provided below the schedules submitted in accordance with paragraph 2.05.B. CONTRACTOR shall have an 1. Reference to standards, specifications, additional ten days to make corrections and adjustments manuals, or codes of any technical society, and to complete and resubmit the schedules. No progress organization, or association, or to Laws or payment shall be made to CONTRACTOR until acceptable Regulations, whether such reference be specific or schedules are submitted to ENGINEER. by implication, shall mean the standard, specification, manual, code, or Laws or Regulations 1. The progress schedule will be acceptable in effect at the time of opening of Bids (or on the to ENGINEER if it provides an orderly progression Effective Date of the Agreement if there were no of the Work to completion within any specified Bids), except as may be otherwise specifically stated Milestones and the Contract Times. Such in the Contract Documents. acceptance will not impose on ENGINEER General Conditions Page 00700-10 Packet Pg. 193  2. No provision of any such standard, specification, manual or code, or any instruction of 3.04 Amending and Supplementing Contract a Supplier shall be effective to change the duties or Documents responsibilities of OWNER, CONTRACTOR, or ENGINEER, or any of their subcontractors, A. The Contract Documents may be amended to consultants, agents, or employees from those set provide for additions, deletions, and revisions in the Work forth in the Contract Documents, nor shall any such or to modify the terms and conditions thereof in one or provision or instruction be effective to assign to more of the following ways: (i) a Written Amendment; (ii) OWNER, ENGINEER, or any of ENGINEER’s a Change Order; or (iii) a Work Change Directive. Consultants, agents, or employees any duty or authority to supervise or direct the performance of B. The requirements of the Contract Documents may the Work or any duty or authority to undertake be supplemented, and minor variations and deviations in responsibility inconsistent with the provisions of the the Work may be authorized, by one or more of the Contract Documents. following ways: (i) a Field Order; (ii) ENGINEER’s approval of a Shop Drawing or Sample; or (iii) 3.03 Reporting and Resolving Discrepancies ENGINEER’s written interpretation or clarification. A. Reporting Discrepancies 3.05 Reuse of Documents 1. If, during the performance of the Work, A. CONTRACTOR and any Subcontractor or CONTRACTOR discovers any conflict, error, Supplier or other individual or entity performing or ambiguity, or discrepancy within the Contract furnishing any of the Work under a direct or indirect Documents or between the Contract Documents and contract with OWNER: (i) shall not have or acquire any any provision of any Law or Regulation applicable title to or ownership rights in any of the Drawings, to the performance of the Work or of any standard, Specifications, or other documents (or copies of any specification, manual or code, or of any instruction thereof) prepared by or bearing the seal of ENGINEER or of any Supplier, CONTRACTOR shall report it to ENGINEER’s Consultant, including electronic media ENGINEER in writing at once. CONTRACTOR editions; and (ii) shall not reuse any of such Drawings, shall not proceed with the Work affected thereby Specifications, other documents, or copies thereof on (except in an emergency as required by paragraph extensions of the Project or any other project without 6.16.A) until an amendment or supplement to the written consent of OWNER and ENGINEER and specific Contract Documents has been issued by one of the written verification or adaption by ENGINEER. This methods indicated in paragraph 3.04; provided, prohibition will survive final payment, completion, and however, that CONTRACTOR shall not be liable to acceptance of the Work, or termination or completion of OWNER or ENGINEER for failure to report any the Contract. Nothing herein shall preclude such conflict, error, ambiguity, or discrepancy CONTRACTOR from retaining copies of the Contract unless CONTRACTOR knew or reasonably should Documents for record purposes. have known thereof. B. Resolving Discrepancies ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; 1. Except as may be otherwise specifically REFERENCE POINTS stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in 4.01 Availability of Lands resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract A. OWNER shall furnish the Site. OWNER shall Documents and: notify CONTRACTOR of any encumbrances or restrictions not of general application but specifically related to use of a. the provisions of any standard, the Site with which CONTRACTOR must comply in specification, manual, code, or instruction performing the Work. OWNER will obtain in a timely (whether or not specifically incorporated by manner and pay for easements for permanent structures or reference in the Contract Documents); or permanent changes in existing facilities. If CONTRACTOR and OWNER are unable to agree on b. the provisions of any Laws or entitlement to or on the amount or extent, if any, of any Regulations applicable to the performance of the adjustment in the Contract Price or Contract Times, or both, Work (unless such an interpretation of the as a result of any delay in OWNER’s furnishing the Site, provisions of the Contract Documents would CONTRACTOR may make a Claim therefor as provided in result in violation of such Law or Regulation). paragraph 10.05. General Conditions Page 00700-11 Packet Pg. 194  4.03 Differing Subsurface or Physical Conditions B. Upon reasonable written request, OWNER shall furnish CONTRACTOR with a current statement of record SEE ALSO SUPPLEMENTARY CONDITIONS (SECTION legal title and legal description of the lands upon which the 00800) Work is to be performed and OWNER’s interest therein as necessary for giving notice of or filing a mechanic's or A. Notice: If CONTRACTOR believes that any construction lien against such lands in accordance with subsurface or physical condition at or contiguous to the Site applicable Laws and Regulations. that is uncovered or revealed either: C. CONTRACTOR shall provide for all additional 1. is of such a nature as to establish that any lands and access thereto that may be required for temporary “technical data” on which CONTRACTOR is construction facilities or storage of materials and equip- entitled to rely as provided in paragraph 4.02 is ment. materially inaccurate; or 4.02 Subsurface and Physical Conditions 2. is of such a nature as to require a change in the Contract Documents; or A. Reports and Drawings: The Supplementary Conditions identify: 3. differs materially from that shown or indicated in the Contract Documents; or 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site 4. is of an unusual nature, and differs materially from that ENGINEER has used in preparing the Contract conditions ordinarily encountered and generally recognized Documents; and as inherent in work of the character provided for in the Contract Documents; 2. those drawings of physical conditions in or relating to existing surface or subsurface then CONTRACTOR shall, promptly after becoming aware structures at or contiguous to the Site (except thereof and before further disturbing the subsurface or Underground Facilities) that ENGINEER has used physical conditions or performing any Work in connection in preparing the Contract Documents. therewith (except in an emergency as required by paragraph 6.16.A), notify OWNER and ENGINEER in writing about B. Limited Reliance by CONTRACTOR on Technical such condition. CONTRACTOR shall not further disturb Data Authorized: CONTRACTOR may rely upon the such condition or perform any Work in connection general accuracy of the “technical data” contained in such therewith (except as aforesaid) until receipt of written order reports and drawings, but such reports and drawings are not to do so. Contract Documents. Such “technical data” is identified in the Supplementary Conditions. Except for such reliance on B. ENGINEER’s Review: After receipt of written such “technical data,” CONTRACTOR may not rely upon notice as required by paragraph 4.03.A, ENGINEER will or make any Claim against OWNER, ENGINEER, or any promptly review the pertinent condition, determine the of ENGINEER’s Consultants with respect to: necessity of OWNER's obtaining additional exploration or tests with respect thereto, and advise OWNER in writing 1. the completeness of such reports and (with a copy to CONTRACTOR) of ENGINEER’s drawings for CONTRACTOR’s purposes, includ- findings and conclusions. ing, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of C. Possible Price and Times Adjustments construction to be employed by CONTRACTOR, and safety precautions and programs incident 1. The Contract Price or the Contract thereto; or Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface 2. other data, interpretations, opinions, and or physical condition causes an increase or decrease information contained in such reports or shown or in CONTRACTOR’s cost of, or time required for, indicated in such drawings; or performance of the Work; subject, however, to the following: 3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any a. such condition must meet any one or such other data, interpretations, opinions, or more of the categories described in paragraph information. 4.03.A; and General Conditions Page 00700-12 Packet Pg. 195  b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract 1. OWNER and ENGINEER shall not be Price will be subject to the provisions of para- responsible for the accuracy or completeness of any graphs 9.08 and 11.03. such information or data; and 2. CONTRACTOR shall not be entitled to 2. the cost of all of the following will be any adjustment in the Contract Price or Contract included in the Contract Price, and CONTRACTOR Times if: shall have full responsibility for: a. CONTRACTOR knew of the existence a. reviewing and checking all such of such conditions at the time CONTRACTOR information and data, made a final commitment to OWNER in respect of Contract Price and Contract Times by the b. locating all Underground Facilities submission of a Bid or becoming bound under a shown or indicated in the Contract Documents, negotiated contract; or c. coordination of the Work with the b. the existence of such condition could owners of such Underground Facilities, reasonably have been discovered or revealed as including OWNER, during construction, and a result of any examination, investigation, exploration, test, or study of the Site and d. the safety and protection of all such contiguous areas required by the Bidding Underground Facilities and repairing any Requirements or Contract Documents to be damage thereto resulting from the Work. conducted by or for CONTRACTOR prior to CONTRACTOR's making such final com- B. Not Shown or Indicated mitment; or 1. If an Underground Facility is uncovered c. CONTRACTOR failed to give the or revealed at or contiguous to the Site which was written notice within the time and as required by not shown or indicated, or not shown or indicated paragraph 4.03.A. with reasonable accuracy in the Contract Documents, CONTRACTOR shall, promptly after 3. If OWNER and CONTRACTOR are becoming aware thereof and before further unable to agree on entitlement to or on the amount disturbing conditions affected thereby or performing or extent, if any, of any adjustment in the Contract any Work in connection therewith (except in an Price or Contract Times, or both, a Claim may be emergency as required by paragraph 6.16.A), made therefore as provided in paragraph 10.05. identify the owner of such Underground Facility However, OWNER, ENGINEER, and and give written notice to that owner and to ENGINEER’s Consultants shall not be liable to OWNER and ENGINEER. ENGINEER will CONTRACTOR for any claims, costs, losses, or promptly review the Underground Facility and damages (including but not limited to all fees and determine the extent, if any, to which a change is charges of engineers, architects, attorneys, and other required in the Contract Documents to reflect and professionals and all court or arbitration or other document the consequences of the existence or dispute resolution costs) sustained by location of the Underground Facility. During such CONTRACTOR on or in connection with any other time, CONTRACTOR shall be responsible for the project or anticipated project. safety and protection of such Underground Facility. 4.04 Underground Facilities 2. If ENGINEER concludes that a change SEE ALSO SUPPLEMENTARY CONDITIONS in the Contract Documents is required, a Work (SECTION 00800) Change Directive or a Change Order will be issued to reflect and document such consequences. An A. Shown or Indicated: The information and data equitable adjustment shall be made in the Contract shown or indicated in the Contract Documents with respect Price of Contract Times, or both, to the extent that to existing Underground Facilities at or contiguous to the they are attributable to the existence or location of Site is based on information and data furnished to OWNER any Underground Facility that was not shown or or ENGINEER by the owners of such Underground indicated or not shown or indicated with reasonable Facilities, including OWNER, or by others. Unless it is accuracy in the Contract Documents and that otherwise expressly provided in the Supplementary CONTRACTOR did not know of and could not Conditions: reasonably have been expected to be aware of or to General Conditions Page 00700-13 Packet Pg. 196  have anticipated. If OWNER and CONTRACTOR such other data, interpretations, opinions or are unable to agree on entitlement to or on the information. amount or extent, if any, of any such adjustment in Contract Price or Contract Times, OWNER or C. CONTRACTOR shall not be responsible for any CONTRACTOR may make a Claim therefor as Hazardous Environmental Condition uncovered or revealed provided in paragraph 10.05. at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to 4.05 Reference Points be within the scope of the Work. CONTRACTOR shall be responsible for a Hazardous Environmental Condition A. OWNER shall provide engineering surveys to created with any materials brought to the Site by establish reference points for construction which in CONTRACTOR, Subcontractors, Suppliers, or anyone else ENGINEER’s judgment are necessary to enable CON- for whom CONTRACTOR is responsible. TRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect D. If CONTRACTOR encounters a Hazardous and preserve the established reference points and property Environmental Condition or if CONTRACTOR or anyone monuments, and shall make no changes or relocations for whom CONTRACTOR is responsible creates a without the prior written approval of OWNER. Hazardous Environmental Condition, CONTRACTOR CONTRACTOR shall report to ENGINEER whenever any shall immediately: (i) secure or otherwise isolate such reference point or property monument is lost or destroyed condition; (ii) stop all Work in connection with such or requires relocation because of necessary changes in condition and in any area affected thereby (except in an grades or locations, and shall be responsible for the emergency as required by paragraph 6.16); and (iii) notify accurate replacement or relocation of such reference points OWNER and ENGINEER (and promptly thereafter or property monuments by professionally qualified confirm such notice in writing). OWNER shall promptly personnel. consult with ENGINEER concerning the necessity for OWNER to retain a qualified expert to evaluate such 4.06 Hazardous Environmental Condition at Site condition or take corrective action, if any. E. CONTRACTOR shall not be required to resume A. Reports and Drawings: Reference is made to the Work in connection with such condition or in any affected Supplementary Conditions for the identification of those area until after OWNER has obtained any required permits reports and drawings relating to a Hazardous related thereto and delivered to CONTRACTOR written Environmental Condition identified at the Site, if any, that notice: (i) specifying that such condition and any affected have been utilized by the ENGINEER in the preparation of area is or has been rendered safe for the resumption of the Contract Documents. Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and B. Limited Reliance by CONTRACTOR on Technical CONTRACTOR cannot agree as to entitlement to or on the Data Authorized: CONTRACTOR may rely upon the amount or extent, if any, of any adjustment in Contract general accuracy of the “technical data” contained in such Price or Contract Times, or both, as a result of such Work reports and drawings, but such reports and drawings are not stoppage or such special conditions under which Work is Contract Documents. Such “technical data” is identified in agreed to be resumed by CONTRACTOR, either party may the Supplementary Conditions. Except for such reliance on make a Claim therefor as provided in paragraph 10.05. such “technical data,” CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER or any F. If after receipt of such written notice of ENGINEER’s Consultants with respect to: CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree 1. the completeness of such reports and to resume such Work under such special conditions, then drawings for CONTRACTOR’s purposes, OWNER may order the portion of the Work that is in the including, but not limited to, any aspects of the area affected by such condition to be deleted from the means, methods, techniques, sequences and Work. If OWNER and CONTRACTOR cannot agree as to procedures of construction to be employed by entitlement to or on the amount or extent, if any, of an CONTRACTOR and safety precautions and adjustment in Contract Price or Contract Times as a result programs incident thereto; or of deleting such portion of the Work, then either party may make a Claim therefor as provided in paragraph 10.05. 2. other data, interpretations, opinions and OWNER may have such deleted portion of the Work information contained in such reports or shown or performed by OWNER’s own forces or others in accor- indicated in such drawings; or dance with Article 7. 3. any CONTRACTOR interpretation of or G. To the fullest extent permitted by Laws and conclusion drawn from any “technical data” or any Regulations, OWNER shall indemnify and hold harmless General Conditions Page 00700-14 Packet Pg. 197 CONTRACTOR, Subcontractors, ENGINEER, or Regulations, and shall be executed by such sureties as ENGINEER’s Consultants and the officers, directors, are named in the current list of “Companies Holding partners, employees, agents, other consultants, and Certificates of Authority as Acceptable Sureties on Federal subcontractors of each and any of them from and against all Bonds and as Acceptable Reinsuring Companies” as claims, costs, losses, and damages (including but not published in Circular 570 (amended) by the Financial limited to all fees and charges of engineers, architects, Management Service, Surety Bond Branch, U.S. attorneys, and other professionals and all court or Department of the Treasury. All Bonds signed by an agent arbitration or other dispute resolution costs) arising out of must be accompanied by a certified copy of such agent’s or relating to a Hazardous Environmental Condition, authority to act. provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or C. If the surety on any Bond furnished by CON- Specifications or identified in the Contract Documents to be TRACTOR is declared bankrupt or becomes insolvent or included within the scope of the Work, and (ii) was not its right to do business is terminated in any state where any created by CONTRACTOR or by anyone for whom part of the Project is located or it ceases to meet the CONTRACTOR is responsible. Nothing in this paragraph requirements of paragraph 5.01.B, CONTRACTOR shall 4.06.E shall obligate OWNER to indemnify any individual within 20 days thereafter substitute another Bond and or entity from and against the consequences of that surety, both of which shall comply with the requirements of individual’s or entity’s own negligence. paragraphs 5.01.B and 5.02. H. To the fullest extent permitted by Laws and 5.02 Licensed Sureties and Insurers Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER’s Consul- A. All Bonds and insurance required by the Contract tants, and the officers, directors, partners, employees, Documents to be purchased and maintained by OWNER or agents, other consultants, and subcontractors of each and CONTRACTOR shall be obtained from surety or insurance any of them from and against all claims, costs, losses, and companies that are duly licensed or authorized in the damages (including but not limited to all fees and charges jurisdiction in which the Project is located to issue Bonds or of engineers, architects, attorneys, and other professionals insurance policies for the limits and coverages so required. and all court or arbitration or other dispute resolution costs) Such surety and insurance companies shall also meet such arising out of or relating to a Hazardous Environmental additional requirements and qualifications as may be Condition created by CONTRACTOR or by anyone for provided in the Supplementary Conditions. whom CONTRACTOR is responsible. Nothing in this paragraph 4.06.F shall obligate CONTRACTOR to 5.03 Certificates of Insurance indemnify any individual or entity from and against the consequences of that individual’s or entity’s own A. CONTRACTOR shall deliver to OWNER, with negligence. copies to each additional insured identified in the Supple- mentary Conditions, certificates of insurance (and other I. The provisions of paragraphs 4.02, 4.03, and evidence of insurance requested by OWNER or any other 4.04 are not intended to apply to a Hazardous additional insured) which CONTRACTOR is required to Environmental Condition uncovered or revealed at the purchase and maintain. OWNER shall deliver to Site. CONTRACTOR, with copies to each additional insured identified in the Supplementary Conditions, certificates of ARTICLE 5 - BONDS AND INSURANCE insurance (and other evidence of insurance requested by CONTRACTOR or any other additional insured) which 5.01 Performance, Payment, and Other Bonds OWNER is required to purchase and maintain. A. CONTRACTOR shall furnish performance and 5.04 CONTRACTOR’s Liability Insurance payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and SEE ALSO SUPPLEMENTARY CONDITIONS (SECTION payment of all CONTRACTOR’s obligations under the 00800) Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment A. CONTRACTOR shall purchase and maintain such becomes due, except as provided otherwise by Laws or liability and other insurance as is appropriate for the Work Regulations or by the Contract Documents. being performed and as will provide protection from claims CONTRACTOR shall also furnish such other Bonds as are set forth below which may arise out of or result from required by the Contract Documents. CONTRACTOR’s performance of the Work and CONTRACTOR’s other obligations under the Contract B. All Bonds shall be in the form prescribed by the Documents, whether it is to be performed by Contract Documents except as provided otherwise by Laws CONTRACTOR, any Subcontractor or Supplier, or by General Conditions Page 00700-15 Packet Pg. 198 anyone directly or indirectly employed by any of them to 3. include completed operations insurance; perform any of the Work, or by anyone for whose acts any of them may be liable: 4. include contractual liability insurance covering CONTRACTOR’s indemnity obligations 1. claims under workers’ compensation, under paragraphs 6.07, 6.11, and 6.20; disability benefits, and other similar employee benefit acts; 5. contain a provision or endorsement that the coverage afforded will not be canceled, 2. claims for damages because of bodily materially changed or renewal refused until at least injury, occupational sickness or disease, or death of thirty days prior written notice has been given to CONTRACTOR’s employees; OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary 3. claims for damages because of bodily Conditions to whom a certificate of insurance has injury, sickness or disease, or death of any person been issued (and the certificates of insurance other than CONTRACTOR’s employees; furnished by the CONTRACTOR pursuant to paragraph 5.03 will so provide); 4. claims for damages insured by reasonably available personal injury liability 6. remain in effect at least until final coverage which are sustained: (i) by any person as a payment and at all times thereafter when CON- result of an offense directly or indirectly related to TRACTOR may be correcting, removing, or replac- the employment of such person by ing defective Work in accordance with paragraph CONTRACTOR, or (ii) by any other person for any 13.07; and other reason; 7. with respect to completed operations 5. claims for damages, other than to the insurance, and any insurance coverage written on a Work itself, because of injury to or destruction of claims-made basis, remain in effect for at least two tangible property wherever located, including loss years after final payment (and CONTRACTOR of use resulting there from; and shall furnish OWNER and each other additional insured identified in the Supplementary Conditions, 6. claims for damages because of bodily to whom a certificate of insurance has been issued, injury or death of any person or property damage evidence satisfactory to OWNER and any such arising out of the ownership, maintenance or use of additional insured of continuation of such insurance any motor vehicle. at final payment and one year thereafter). B. The policies of insurance so required by this 5.05 OWNER’s Liability Insurance paragraph 5.04 to be purchased and maintained shall: A. In addition to the insurance required to be provid- 1. with respect to insurance required by ed by CONTRACTOR under paragraph 5.04, OWNER, at paragraphs 5.04.A.3 through 5.04.A.6 inclusive, OWNER’s option, may purchase and maintain at include as additional insureds (subject to any OWNER’s expense OWNER’s own liability insurance as customary exclusion in respect of professional will protect OWNER against claims which may arise from liability) OWNER, ENGINEER, ENGINEER's operations under the Contract Documents. Consultants, and any other individuals or entities identified in the Supplementary Conditions, all of 5.06 Property Insurance whom shall be listed as additional insureds, and include coverage for the respective officers, SEE SUPPLEMENTARY CONDITIONS (SECTION directors, partners, employees, agents, and other 00800) consultants and subcontractors of each and any of all such additional insureds, and the insurance A. Unless otherwise provided in the Supplementary afforded to these additional insureds shall provide Conditions, OWNER shall purchase and maintain property primary coverage for all claims covered thereby; insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible 2. include at least the specific coverages amounts as may be provided in the Supplementary and be written for not less than the limits of liability Conditions or required by Laws and Regulations). This provided in the Supplementary Conditions or insurance shall: required by Laws or Regulations, whichever is greater; 1. include the interests of OWNER, CON- TRACTOR, Subcontractors, ENGINEER, General Conditions Page 00700-16 Packet Pg. 199  ENGINEER’s Consultants, and any other maintained in accordance with paragraph 5.06 will contain individuals or entities identified in the a provision or endorsement that the coverage afforded will Supplementary Conditions, and the officers, not be canceled or materially changed or renewal refused directors, partners, employees, agents, and other until at least 30 days prior written notice has been given to consultants and subcontractors of each and any of OWNER and CONTRACTOR and to each other additional them, each of whom is deemed to have an insurable insured to whom a certificate of insurance has been issued interest and shall be listed as an additional insured; and will contain waiver provisions in accordance with paragraph 5.07. 2. be written on a Builder’s Risk “all-risk” or open peril or special causes of loss policy form D. OWNER shall not be responsible for purchasing that shall at least include insurance for physical loss and maintaining any property insurance specified in this or damage to the Work, temporary buildings, false paragraph 5.06 to protect the interests of CONTRACTOR, work, and materials and equipment in transit, and Subcontractors, or others in the Work to the extent of any shall insure against at least the following perils or deductible amounts that are identified in the Supplementary causes of loss: fire, lightning, extended coverage, Conditions. The risk of loss within such identified theft, vandalism and malicious mischief, earthquake, deductible amount will be borne by CONTRACTOR, collapse, debris removal, demolition occasioned by Subcontractors, or others suffering any such loss, and if any enforcement of Laws and Regulations, water dam- of them wishes property insurance coverage within the age, and such other perils or causes of loss as may limits of such amounts, each may purchase and maintain it be specifically required by the Supplementary at the purchaser’s own expense. Conditions; E. If CONTRACTOR requests in writing that other 3. include expenses incurred in the repair or special insurance be included in the property insurance replacement of any insured property (including but policies provided under paragraph 5.06, OWNER shall, if not limited to fees and charges of engineers and possible, include such insurance, and the cost thereof will architects); be charged to CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of 4. cover materials and equipment stored at the Work at the Site, OWNER shall in writing advise the Site or at another location that was agreed to in CONTRACTOR whether or not such other insurance has writing by OWNER prior to being incorporated in been procured by OWNER. the Work, provided that such materials and equipment have been included in an Application for 5.07 Waiver of Rights Payment recommended by ENGINEER; SEE SUPPLEMENTARY CONDITIONS (SECTION 5. allow for partial utilization of the Work 00800) by OWNER; A. OWNER and CONTRACTOR intend that all 6. include testing and startup; and policies purchased in accordance with paragraph 5.06 will protect OWNER, CONTRACTOR, Subcontractors, 7. be maintained in effect until final pay- ENGINEER, ENGINEER’s Consultants, and all other ment is made unless otherwise agreed to in writing individuals or entities identified in the Supplementary by OWNER, CONTRACTOR, and ENGINEER Conditions to be listed as insureds or additional insureds with 30 days written notice to each other additional (and the officers, directors, partners, employees, agents, and insured to whom a certificate of insurance has been other consultants and subcontractors of each and any of issued. them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of B. OWNER shall purchase and maintain such boiler loss covered thereby. All such policies shall contain and machinery insurance or additional property insurance provisions to the effect that in the event of payment of any as may be required by the Supplementary Conditions or loss or damage the insurers will have no rights of recovery Laws and Regulations which will include the interests of against any of the insureds or additional insureds OWNER, CONTRACTOR, Subcontractors, ENGINEER, thereunder. OWNER and CONTRACTOR waive all rights ENGINEER’s Consultants, and any other individuals or against each other and their respective officers, directors, entities identified in the Supplementary Conditions, each of partners, employees, agents, and other consultants and whom is deemed to have an insurable interest and shall be subcontractors of each and any of them for all losses and listed as an insured or additional insured. damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any C. All the policies of insurance (and the certificates other property insurance applicable to the Work; and, in or other evidence thereof) required to be purchased and addition, waive all such rights against Subcontractors, General Conditions Page 00700-17 Packet Pg. 200 ENGINEER, ENGINEER’s Consultants, and all other individuals or entities identified in the Supplementary B. OWNER as fiduciary shall have power to adjust Conditions to be listed as insureds or additional insureds and settle any loss with the insurers unless one of the (and the officers, directors, partners, employees, agents, and parties in interest shall object in writing within 15 days other consultants and subcontractors of each and any of after the occurrence of loss to OWNER’s exercise of this them) under such policies for losses and damages so power. If such objection be made, OWNER as fiduciary caused. None of the above waivers shall extend to the shall make settlement with the insurers in accordance with rights that any party making such waiver may have to the such agreement as the parties in interest may reach. If no proceeds of insurance held by OWNER as trustee or such agreement among the parties in interest is reached, otherwise payable under any policy so issued. OWNER as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in B. OWNER waives all rights against interest, OWNER as fiduciary shall give bond for the CONTRACTOR, Subcontractors, ENGINEER, proper performance of such duties. ENGINEER’s Consultants, and the officers, directors, partners, employees, agents, and other consultants and 5.09 Acceptance of Bonds and Insurance; Option to subcontractors of each and any of them for: Replace 1. loss due to business interruption, loss of A. If either OWNER or CONTRACTOR has any use, or other consequential loss extending beyond objection to the coverage afforded by or other provisions of direct physical loss or damage to OWNER’s the Bonds or insurance required to be purchased and property or the Work caused by, arising out of, or maintained by the other party in accordance with Article 5 resulting from fire or other peril whether or not on the basis of non-conformance with the Contract insured by OWNER; and Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the 2. loss or damage to the completed Project certificates (or other evidence requested) required by or part thereof caused by, arising out of, or resulting paragraph 2.05.C. OWNER and CONTRACTOR shall from fire or other insured peril or cause of loss each provide to the other such additional information in covered by any property insurance maintained on respect of insurance provided as the other may reasonably the completed Project or part thereof by OWNER request. If either party does not purchase or maintain all of during partial utilization pursuant to paragraph the Bonds and insurance required of such party by the Con- 14.05, after Substantial Completion pursuant to tract Documents, such party shall notify the other party in paragraph 14.04, or after final payment pursuant to writing of such failure to purchase prior to the start of the paragraph 14.07. Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right C. Any insurance policy maintained by OWNER or remedy, the other party may elect to obtain equivalent covering any loss, damage or consequential loss referred to Bonds or insurance to protect such other party's interests at in paragraph 5.07.B shall contain provisions to the effect the expense of the party who was required to provide such that in the event of payment of any such loss, damage, or coverage, and a Change Order shall be issued to adjust the consequential loss, the insurers will have no rights of Contract Price accordingly. recovery against CONTRACTOR, Subcontractors, ENGINEER, or ENGINEER’s Consultants and the 5.10 Partial Utilization, Acknowledgment of Property officers, directors, partners, employees, agents, and other Insurer consultants and subcontractors of each and any of them. A. If OWNER finds it necessary to occupy or use a 5.08 Receipt and Application of Insurance Proceeds portion or portions of the Work prior to Substantial Completion of all the Work as provided in paragraph 14.05, A. Any insured loss under the policies of insurance no such use or occupancy shall commence before the required by paragraph 5.06 will be adjusted with OWNER insurers providing the property insurance pursuant to and made payable to OWNER as fiduciary for the insureds, paragraph 5.06 have acknowledged notice thereof and in as their interests may appear, subject to the requirements of writing effected any changes in coverage necessitated any applicable mortgage clause and of paragraph 5.08.B. thereby. The insurers providing the property insurance OWNER shall deposit in a separate account any money so shall consent by endorsement on the policy or policies, but received and shall distribute it in accordance with such the property insurance shall not be canceled or permitted to agreement as the parties in interest may reach. If no other lapse on account of any such partial use or occupancy. special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered ARTICLE 6 - CONTRACTOR’S RESPONSIBILITIES by an appropriate Change Order or Written Amendment. ______________________________________________ General Conditions Page 00700-18 Packet Pg. 201 6.01 Supervision and Superintendence B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of A. CONTRACTOR shall supervise, inspect, and good quality and new, except as otherwise provided in the direct the Work competently and efficiently, devoting such Contract Documents. All warranties and guarantees attention thereto and applying such skills and expertise as specifically called for by the Specifications shall expressly may be necessary to perform the Work in accordance with run to the benefit of OWNER. If required by ENGINEER, the Contract Documents. CONTRACTOR shall be solely CONTRACTOR shall furnish satisfactory evidence responsible for the means, methods, techniques, sequences, (including reports of required tests) as to the source, kind, and procedures of construction, but CONTRACTOR shall and quality of materials and equipment. All materials and not be responsible for the negligence of OWNER or equipment shall be stored, applied, installed, connected, ENGINEER in the design or specification of a specific erected, protected, used, cleaned, and conditioned in means, method, technique, sequence, or procedure of accordance with instructions of the applicable Supplier, construction which is shown or indicated in and expressly except as otherwise may be provided in the Contract Docu- required by the Contract Documents. CONTRACTOR ments. shall be responsible to see that the completed Work complies accurately with the Contract Documents. 6.04 Progress Schedule B. At all times during the progress of the Work, A. CONTRACTOR shall adhere to the progress CONTRACTOR shall assign a competent resident schedule established in accordance with paragraph 2.07 as superintendent thereto who shall not be replaced without it may be adjusted from time to time as provided below. written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be 1. CONTRACTOR shall submit to ENGI- CONTRACTOR’s representative at the Site and shall have NEER for acceptance (to the extent indicated in authority to act on behalf of CONTRACTOR. All paragraph 2.07) proposed adjustments in the prog- communications given to or received from the superin- ress schedule that will not result in changing the tendent shall be binding on CONTRACTOR. Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then 6.02 Labor; Working Hours in effect and additionally will comply with any provisions of the General Requirements applicable A. CONTRACTOR shall provide competent, thereto. suitably qualified personnel to survey, lay out, and construct the Work as required by the Contract Documents. 2. Proposed adjustments in the progress CONTRACTOR shall at all times maintain good discipline schedule that will change the Contract Times (or and order at the Site. Milestones) shall be submitted in accordance with the requirements of Article 12. Such adjustments B. Except as otherwise required for the safety or may only be made by a Change Order or Written protection of persons or the Work or property at the Site or Amendment in accordance with Article 12. adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be 6.05 Substitutes and “Or-Equals” performed during regular working hours, and CON- TRACTOR will not permit overtime work or the A. Whenever an item of material or equipment is performance of Work on Saturday, Sunday, or any legal specified or described in the Contract Documents by using holiday without OWNER’s written consent (which will not the name of a proprietary item or the name of a particular be unreasonably withheld) given after prior written notice Supplier, the specification or description is intended to to ENGINEER. establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or 6.03 Services, Materials, and Equipment “or-equal” item or no substitution is permitted, other items of material or equipment or material or equipment of other A. Unless otherwise specified in the General Re- Suppliers may be submitted to ENGINEER for review quirements, CONTRACTOR shall provide and assume full under the circumstances described below. responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, 1. “Or-Equal” Items: If in ENGINEER’s tools, appliances, fuel, power, light, heat, telephone, water, sole discretion an item of material or equipment sanitary facilities, temporary facilities, and all other proposed by CONTRACTOR is functionally equal facilities and incidentals necessary for the performance, to that named and sufficiently similar so that no testing, start-up, and completion of the Work. change in related Work will be required, it may be General Conditions Page 00700-19 Packet Pg. 202  considered by ENGINEER as an “or-equal” item, in state the extent, if any, to which the use of the which case review and approval of the proposed proposed substitute item will prejudice item may, in ENGINEER’s sole discretion, be CONTRACTOR’s achievement of Substantial accomplished without compliance with some or all Completion on time, whether or not use of the of the requirements for approval of proposed proposed substitute item in the Work will re- substitute items. For the purposes of this paragraph quire a change in any of the Contract Docu- 6.05.A.1, a proposed item of material or equipment ments (or in the provisions of any other direct will be considered functionally equal to an item so contract with OWNER for work on the Project) named if: to adapt the design to the proposed substitute item and whether or not incorporation or use of a. in the exercise of reasonable judgment the proposed substitute item in connection with ENGINEER determines that: (i) it is at least the Work is subject to payment of any license equal in quality, durability, appearance, strength, fee or royalty. All variations of the proposed and design characteristics; (ii) it will reliably substitute item from that specified will be perform at least equally well the function identified in the application, and available imposed by the design concept of the completed engineering, sales, maintenance, repair, and Project as a functioning whole, and; replacement services will be indicated. The application will also contain an itemized b. CONTRACTOR certifies that: (i) there is estimate of all costs or credits that will result no increase in cost to the OWNER; and (ii) it directly or indirectly from use of such substitute will conform substantially, even with deviations, item, including costs of redesign and claims of to the detailed requirements of the item named other contractors affected by any resulting in the Contract Documents. change, all of which will be considered by ENGINEER in evaluating the proposed 2. Substitute Items substitute item. ENGINEER may require CONTRACTOR to furnish additional data about a. If in ENGINEER’s sole discretion an the proposed substitute item. item of material or equipment proposed by CONTRACTOR does not qualify as an “or- B. Substitute Construction Methods or Procedures: equal” item under paragraph 6.05.A.1, it will be If a specific means, method, technique, sequence, or considered a proposed substitute item. procedure of construction is shown or indicated in and expressly required by the Contract Documents, CON- b. CONTRACTOR shall submit sufficient TRACTOR may furnish or utilize a substitute means, information as provided below to allow ENGI- method, technique, sequence, or procedure of construction NEER to determine that the item of material or approved by ENGINEER. CONTRACTOR shall submit equipment proposed is essentially equivalent to sufficient information to allow ENGINEER, in that named and an acceptable substitute therefor. ENGINEER’s sole discretion, to determine that the Requests for review of proposed substitute substitute proposed is equivalent to that expressly called for items of material or equipment will not be by the Contract Documents. The procedure for review by accepted by ENGINEER from anyone other ENGINEER will be similar to that provided in sub than CONTRACTOR. paragraph 6.05.A.2. c. The procedure for review by ENGI- C. Engineer’s Evaluation: ENGINEER will be NEER will be as set forth in paragraph allowed a reasonable time within which to evaluate each 6.05.A.2.d, as supplemented in the General proposal or submittal made pursuant to paragraphs 6.05.A Requirements and as ENGINEER may decide is and 6.05.B. ENGINEER will be the sole judge of appropriate under the circumstances. acceptability. No “or-equal” or substitute will be ordered, installed or utilized until ENGINEER’s review is complete, d. CONTRACTOR shall first make written which will be evidenced by either a Change Order for a application to ENGINEER for review of a substitute or an approved Shop Drawing for an “or equal.” proposed substitute item of material or ENGINEER will advise CONTRACTOR in writing of any equipment that CONTRACTOR seeks to furnish negative determination. or use. The application shall certify that the proposed substitute item will perform ade- D. Special Guarantee: OWNER may require quately the functions and achieve the results CONTRACTOR to furnish at CONTRACTOR’s expense a called for by the general design, be similar in special performance guarantee or other surety with respect substance to that specified, and be suited to the to any substitute. same use as that specified. The application will General Conditions Page 00700-20 Packet Pg. 203  E. ENGINEER’s Cost Reimbursement: ENGINEER C. CONTRACTOR shall be fully responsible to will record time required by ENGINEER and OWNER and ENGINEER for all acts and omissions of the ENGINEER’s Consultants in evaluating substitute Subcontractors, Suppliers, and other individuals or entities proposed or submitted by CONTRACTOR pursuant to performing or furnishing any of the Work just as paragraphs 6.05.A.2 and 6.05.B and in making changes in CONTRACTOR is responsible for CONTRACTOR’s own the Contract Documents (or in the provisions of any other acts and omissions. Nothing in the Contract Documents direct contract with OWNER for work on the Project) shall create for the benefit of any such Subcontractor, occasioned thereby. Whether or not ENGINEER approves Supplier, or other individual or entity any contractual a substitute item so proposed or submitted by relationship between OWNER or ENGINEER and any CONTRACTOR, CONTRACTOR shall reimburse such Subcontractor, Supplier or other individual or entity, OWNER for the charges of ENGINEER and ENGINEER’s nor shall it create any obligation on the part of OWNER or Consultants for evaluating each such proposed substitute. ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or F. CONTRACTOR’s Expense: CONTRACTOR shall entity except as may otherwise be required by Laws and provide all data in support of any proposed substitute or Regulations. “or-equal” at CONTRACTOR’s expense. D. CONTRACTOR shall be solely responsible for 6.06 Concerning Subcontractors, Suppliers, and scheduling and coordinating the Work of Subcontractors, Others Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect A. CONTRACTOR shall not employ any Subcon- contract with CONTRACTOR. tractor, Supplier, or other individual or entity (including those acceptable to OWNER as indicated in paragraph E. CONTRACTOR shall require all Subcontractors, 6.06.B), whether initially or as a replacement, against Suppliers, and such other individuals or entities performing whom OWNER may have reasonable objection. CON- or furnishing any of the Work to communicate with TRACTOR shall not be required to employ any Sub- ENGINEER through CONTRACTOR. contractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom F. The divisions and sections of the Specifications CONTRACTOR has reasonable objection. and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcon- SEE ALSO SUPPLEMENTARY CONDITIONS (SECTION tractors or Suppliers or delineating the Work to be 00800) performed by any specific trade. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other G. All Work performed for CONTRACTOR by a individuals or entities to be submitted to OWNER in Subcontractor or Supplier will be pursuant to an appro- advance for acceptance by OWNER by a specified date priate agreement between CONTRACTOR and the prior to the Effective Date of the Agreement, and if Subcontractor or Supplier which specifically binds the CONTRACTOR has submitted a list thereof in accordance Subcontractor or Supplier to the applicable terms and with the Supplementary Conditions, OWNER’s acceptance conditions of the Contract Documents for the benefit of (either in writing or by failing to make written objection OWNER and ENGINEER. Whenever any such agreement thereto by the date indicated for acceptance or objection in is with a Subcontractor or Supplier who is listed as an the Bidding Documents or the Contract Documents) of any additional insured on the property insurance provided in such Subcontractor, Supplier, or other individual or entity so paragraph 5.06, the agreement between the identified may be revoked on the basis of reasonable CONTRACTOR and the Subcontractor or Supplier will objection after due investigation. CONTRACTOR shall contain provisions whereby the Subcontractor or Supplier submit an acceptable replacement for the rejected waives all rights against OWNER, CONTRACTOR, Subcontractor, Supplier, or other individual or entity, and ENGINEER, ENGINEER’s Consultants, and all other the Contract Price will be adjusted by the difference in the individuals or entities identified in the Supplementary cost occasioned by such replacement, and an appropriate Conditions to be listed as insureds or additional insureds Change Order will be issued or Written Amendment signed. (and the officers, directors, partners, employees, agents, and No acceptance by OWNER of any such Subcontractor, other consultants and subcontractors of each and any of Supplier, or other individual or entity, whether initially or as them) for all losses and damages caused by, arising out of, a replacement, shall constitute a waiver of any right of relating to, or resulting from any of the perils or causes of OWNER or ENGINEER to reject defective Work. loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any SEE ALSO SUPPLEMENTARY CONDITIONS (SECTION such policies require separate waiver forms to be signed by 00800) any Subcontractor or Supplier, CONTRACTOR will obtain the same. General Conditions Page 00700-21 Packet Pg. 204  losses, and damages (including but not limited to all fees 6.07 Patent Fees and Royalties and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute A. CONTRACTOR shall pay all license fees and resolution costs) arising out of or relating to such Work; royalties and assume all costs incident to the use in the however, it shall not be CONTRACTOR’s primary performance of the Work or the incorporation in the Work responsibility to make certain that the Specifications and of any invention, design, process, product, or device which Drawings are in accordance with Laws and Regulations, is the subject of patent rights or copyrights held by others. but this shall not relieve CONTRACTOR of If a particular invention, design, process, product, or device CONTRACTOR’s obligations under paragraph 3.03. is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of C. Changes in Laws or Regulations not known at the OWNER or ENGINEER its use is subject to patent rights time of opening of Bids (or, on the Effective Date of the or copyrights calling for the payment of any license fee or Agreement if there were no Bids) having an effect on the royalty to others, the existence of such rights shall be cost or time of performance of the Work may be the subject disclosed by OWNER in the Contract Documents. To the of an adjustment in Contract Price or Contract Times. If fullest extent permitted by Laws and Regulations, OWNER and CONTRACTOR are unable to agree on CONTRACTOR shall indemnify and hold harmless entitlement to or on the amount or extent, if any, of any OWNER, ENGINEER, ENGINEER’s Consultants, and the such adjustment, a Claim may be made therefore as officers, directors, partners, employees or agents, and other provided in paragraph 10.05. consultants of each and any of them from and against all claims, costs, losses, and damages (including but not 6.10 Taxes limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or A. CONTRACTOR shall pay all sales, consumer, arbitration or other dispute resolution costs) arising out of use, and other similar taxes required to be paid by or relating to any infringement of patent rights or CONTRACTOR in accordance with the Laws and copyrights incident to the use in the performance of the Regulations of the place of the Project which are applicable Work or resulting from the incorporation in the Work of during the performance of the Work. any invention, design, process, product, or device not specified in the Contract Documents. 6.11 Use of Site and Other Areas 6.08 Permits A. Limitation on Use of Site and Other Areas A. Unless otherwise provided in the Supplementary 1. CONTRACTOR shall confine Conditions, CONTRACTOR shall obtain and pay for all construction equipment, the storage of materials and construction permits and licenses. OWNER shall assist equipment, and the operations of workers to the Site CONTRACTOR, when necessary, in obtaining such and other areas permitted by Laws and Regulations, permits and licenses. CONTRACTOR shall pay all and shall not unreasonably encumber the Site and governmental charges and inspection fees necessary for the other areas with construction equipment or other prosecution of the Work which are applicable at the time of materials or equipment. CONTRACTOR shall opening of Bids, or, if there are no Bids, on the Effective assume full responsibility for any damage to any Date of the Agreement. CONTRACTOR shall pay all such land or area, or to the owner or occupant charges of utility owners for connections to the Work, and thereof, or of any adjacent land or areas resulting OWNER shall pay all charges of such utility owners for from the performance of the Work. capital costs related thereto, such as plant investment fees. 2. Should any claim be made by any such 6.09 Laws and Regulations owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle A. CONTRACTOR shall give all notices and comply with such other party by negotiation or otherwise with all Laws and Regulations applicable to the resolve the claim by arbitration or other dispute performance of the Work. Except where otherwise resolution proceeding or at law. expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for 3. To the fullest extent permitted by Laws monitoring CONTRACTOR’s compliance with any Laws and Regulations, CONTRACTOR shall indemnify or Regulations. and hold harmless OWNER, ENGINEER, ENGINEER’s Consultant, and the officers, B. If CONTRACTOR performs any Work knowing directors, partners, employees, agents, and other or having reason to know that it is contrary to Laws or consultants of each and any of them from and Regulations, CONTRACTOR shall bear all claims, costs, against all claims, costs, losses, and damages General Conditions Page 00700-22 Packet Pg. 205  (including but not limited to all fees and charges of 1. all persons on the Site or who may be engineers, architects, attorneys, and other affected by the Work; professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to 2. all the Work and materials and equip- any claim or action, legal or equitable, brought by ment to be incorporated therein, whether in storage any such owner or occupant against OWNER, on or off the Site; and ENGINEER, or any other party indemnified hereunder to the extent caused by or based upon 3. other property at the Site or adjacent CONTRACTOR's performance of the Work. thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and B. Removal of Debris During Performance of the Underground Facilities not designated for removal, Work: During the progress of the Work CONTRACTOR relocation, or replacement in the course of shall keep the Site and other areas free from accumulations construction. of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris B. CONTRACTOR shall comply with all applicable shall conform to applicable Laws and Regulations. Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from C. Cleaning: Prior to Substantial Completion of the damage, injury, or loss; and shall erect and maintain all Work CONTRACTOR shall clean the Site and make it necessary safeguards for such safety and protection. ready for utilization by OWNER. At the completion of the CONTRACTOR shall notify owners of adjacent property Work CONTRACTOR shall remove from the Site all tools, and of Underground Facilities and other utility owners appliances, construction equipment and machinery, and when prosecution of the Work may affect them, and shall surplus materials and shall restore to original condition all cooperate with them in the protection, removal, relocation, property not designated for alteration by the Contract and replacement of their property. All damage, injury, or Documents. loss to any property referred to in paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, D. Loading Structures: CONTRACTOR shall not by CONTRACTOR, any Subcontractor, Supplier, or any load nor permit any part of any structure to be loaded in any other individual or entity directly or indirectly employed by manner that will endanger the structure, nor shall any of them to perform any of the Work, or anyone for CONTRACTOR subject any part of the Work or adjacent whose acts any of them may be liable, shall be remedied by property to stresses or pressures that will endanger it. CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or 6.12 Record Documents omissions of OWNER or ENGINEER or ENGINEER’s Consultant, or anyone employed by any of them, or anyone A. CONTRACTOR shall maintain in a safe place at for whose acts any of them may be liable, and not the Site one record copy of all Drawings, Specifications, attributable, directly or indirectly, in whole or in part, to the Addenda, Written Amendments, Change Orders, Work fault or negligence of CONTRACTOR or any Change Directives, Field Orders, and written interpretations Subcontractor, Supplier, or other individual or entity and clarifications in good order and annotated to show directly or indirectly employed by any of them). changes made during construction. These record CONTRACTOR’s duties and responsibilities for safety and documents together with all approved Samples and a for protection of the Work shall continue until such time as counterpart of all approved Shop Drawings will be all the Work is completed and ENGINEER has issued a available to ENGINEER for reference. Upon completion notice to OWNER and CONTRACTOR in accordance of the Work, these record documents, Samples, and Shop with paragraph 14.07.B that the Work is acceptable (except Drawings will be delivered to ENGINEER for OWNER. as otherwise expressly provided in connection with Substantial Completion). 6.13 Safety and Protection 6.14 Safety Representative SEE ALSO SUPPLEMENTARY CONDITIONS (SECTION 00800) A. CONTRACTOR shall designate a qualified and experienced safety representative at the Site whose duties A. CONTRACTOR shall be solely responsible for and responsibilities shall be the prevention of accidents and initiating, maintaining and supervising all safety precau- the maintaining and supervising of safety precautions and tions and programs in connection with the Work. programs. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: General Conditions Page 00700-23 Packet Pg. 206 6.15 Hazard Communication Programs D. Submittal Procedures A. CONTRACTOR shall be responsible for coordi- 1. Before submitting each Shop Drawing or nating any exchange of material safety data sheets or other Sample, CONTRACTOR shall have determined and hazard communication information required to be made verified: available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. a. all field measurements, quantities, dimensions, specified performance criteria, 6.16 Emergencies installation requirements, materials, catalog numbers, and similar information with respect A. In emergencies affecting the safety or protection thereto; of persons or the Work or property at the Site or adjacent thereto, CONTRACTOR is obligated to act to prevent b. all materials with respect to intended use, threatened damage, injury, or loss. CONTRACTOR shall fabrication, shipping, handling, storage, give ENGINEER prompt written notice if CONTRACTOR assembly, and installation pertaining to the believes that any significant changes in the Work or performance of the Work; variations from the Contract Documents have been caused thereby or are required as a result thereof. If ENGINEER c. all information relative to means, determines that a change in the Contract Documents is methods, techniques, sequences, and procedures required because of the action taken by CONTRACTOR in of construction and safety precautions and response to such an emergency, a Work Change Directive programs incident thereto; and or Change Order will be issued. d. CONTRACTOR shall also have 6.17 Shop Drawings and Samples reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and A. CONTRACTOR shall submit Shop Drawings to Samples and with the requirements of the Work ENGINEER for review and approval in accordance with and the Contract Documents. the acceptable schedule of Shop Drawings and Sample submittals. All submittals will be identified as ENGINEER 2. Each submittal shall bear a stamp or may require and in the number of copies specified in the specific written indication that CONTRACTOR has General Requirements. The data shown on the Shop satisfied CONTRACTOR’s obligations under the Drawings will be complete with respect to quantities, Contract Documents with respect to dimensions, specified performance and design criteria, CONTRACTOR’s review and approval of that materials, and similar data to show ENGINEER the submittal. services, materials, and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review 3. At the time of each submittal, CON- the information for the limited purposes required by TRACTOR shall give ENGINEER specific written paragraph 6.17.E. notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the B. CONTRACTOR shall also submit Samples to requirements of the Contract Documents, such ENGINEER for review and approval in accordance with notice to be in a written communication separate the acceptable schedule of Shop Drawings and Sample from the submittal; and, in addition, shall cause a submittals. Each Sample will be identified clearly as to specific notation to be made on each Shop Drawing material, Supplier, pertinent data such as catalog numbers, and Sample submitted to ENGINEER for review and the use for which intended and otherwise as and approval of each such variation. ENGINEER may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph E. ENGINEER’s Review 6.17.E. The numbers of each Sample to be submitted will be as specified in the Specifications. 1. ENGINEER will timely review and approve Shop Drawings and Samples in accordance C. Where a Shop Drawing or Sample is required by with the schedule of Shop Drawings and Sample the Contract Documents or the schedule of Shop Drawings submittals acceptable to ENGINEER. and Sample submittals acceptable to ENGINEER as ENGINEER’s review and approval will be only to required by paragraph 2.07, any related Work performed determine if the items covered by the submittals prior to ENGINEER’s review and approval of the pertinent will, after installation or incorporation in the Work, submittal will be at the sole expense and responsibility of conform to the information given in the Contract CONTRACTOR. Documents and be compatible with the design General Conditions Page 00700-24 Packet Pg. 207  concept of the completed Project as a functioning warranty and guarantee hereunder excludes defects or whole as indicated by the Contract Documents. damage caused by: 2. ENGINEER’s review and approval will 1. abuse, modification, or improper main- not extend to means, methods, techniques, tenance or operation by persons other than CON- sequences, or procedures of construction (except TRACTOR, Subcontractors, Suppliers, or any other where a particular means, method, technique, individual or entity for whom CONTRACTOR is sequence, or procedure of construction is responsible; or specifically and expressly called for by the Contract Documents) or to safety precautions or programs 2. normal wear and tear under normal incident thereto. The review and approval of a usage. separate item as such will not indicate approval of the assembly in which the item functions. B. CONTRACTOR’s obligation to perform and complete the Work in accordance with the Contract 3. ENGINEER’s review and approval of Documents shall be absolute. None of the following will Shop Drawings or Samples shall not relieve CON- constitute an acceptance of Work that is not in accordance TRACTOR from responsibility for any variation with the Contract Documents or a release of from the requirements of the Contract Documents CONTRACTOR’s obligation to perform the Work in unless CONTRACTOR has in writing called accordance with the Contract Documents: ENGINEER’s attention to each such variation at the time of each submittal as required by paragraph 1. observations by ENGINEER; 6.17.D.3 and ENGINEER has given written approval of each such variation by specific written 2. recommendation by ENGINEER or notation thereof incorporated in or accompanying payment by OWNER of any progress or final the Shop Drawing or Sample approval; nor will any payment; approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the require- 3. the issuance of a certificate of Substantial ments of paragraph 6.17.D.1. Completion by ENGINEER or any payment related thereto by OWNER; F. Resubmittal Procedures 4. use or occupancy of the Work or any 1. CONTRACTOR shall make corrections part thereof by OWNER; required by ENGINEER and shall return the required number of corrected copies of Shop 5. any acceptance by OWNER or any Drawings and submit as required new Samples for failure to do so; review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than 6. any review and approval of a Shop the corrections called for by ENGINEER on Drawing or Sample submittal or the issuance of a previous submittals. notice of acceptability by ENGINEER; 6.18 Continuing the Work 7. any inspection, test, or approval by others; or A. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or 8. any correction of defective Work by disagreements with OWNER. No Work shall be delayed or OWNER. postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.04 or 6.20 Indemnification as OWNER and CONTRACTOR may otherwise agree in writing. A. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold 6.19 CONTRACTOR’s General Warranty and harmless OWNER, ENGINEER, ENGINEER’s Consul- Guarantee tants, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each A. CONTRACTOR warrants and guarantees to and any of them from and against all claims, costs, losses, OWNER, ENGINEER, and ENGINEER’s Consultants that and damages (including but not limited to all fees and all Work will be in accordance with the Contract charges of engineers, architects, attorneys, and other Documents and will not be defective. CONTRACTOR’s professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the perfor- General Conditions Page 00700-25 Packet Pg. 208 mance of the Work, provided that any such claim, cost, ARTICLE 7 - OTHER WORK loss, or damage: ______________________________________________ 1. is attributable to bodily injury, sickness, 7.01 Related Work at Site disease, or death, or to injury to or destruction of tangible property (other than the Work itself), A. OWNER may perform other work related to the including the loss of use resulting therefrom; and Project at the Site by OWNER’s employees, or let other direct contracts therefor, or have other work performed by 2. is caused in whole or in part by any utility owners. If such other work is not noted in the negligent act or omission of CONTRACTOR, any Contract Documents, then: Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of 1. written notice thereof will be given to them to perform any of the Work or anyone for CONTRACTOR prior to starting any such other whose acts any of them may be liable, regardless of work; and whether or not caused in part by any negligence or omission of an individual or entity indemnified 2. if OWNER and CONTRACTOR are hereunder or whether liability is imposed upon such unable to agree on entitlement to or on the amount indemnified party by Laws and Regulations regard- or extent, if any, of any adjustment in the Contract less of the negligence of any such individual or Price or Contract Times that should be allowed as a entity. result of such other work, a Claim may be made therefore as provided in paragraph 10.05. B. In any and all claims against OWNER or ENGI- NEER or any of their respective consultants, agents, B. CONTRACTOR shall afford each other officers, directors, partners, or employees by any employee contractor who is a party to such a direct contract and each (or the survivor or personal representative of such utility owner (and OWNER, if OWNER is performing the employee) of CONTRACTOR, any Subcontractor, any other work with OWNER’s employees) proper and safe Supplier, or any individual or entity directly or indirectly access to the Site and a reasonable opportunity for the employed by any of them to perform any of the Work, or introduction and storage of materials and equipment and anyone for whose acts any of them may be liable, the the execution of such other work and shall properly indemnification obligation under paragraph 6.20.A shall coordinate the Work with theirs. Unless otherwise not be limited in any way by any limitation on the amount provided in the Contract Documents, CONTRACTOR or type of damages, compensation, or benefits payable by shall do all cutting, fitting, and patching of the Work that or for CONTRACTOR or any such Subcontractor, may be required to properly connect or otherwise make its Supplier, or other individual or entity under workers’ several parts come together and properly integrate with compensation acts, disability benefit acts, or other such other work. CONTRACTOR shall not endanger any employee benefit acts. work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the C. The indemnification obligations of CONTRAC- written consent of ENGINEER and the others whose work TOR under paragraph 6.20.A shall not extend to the will be affected. The duties and responsibilities of liability of ENGINEER and ENGINEER’s Consultants or CONTRACTOR under this paragraph are for the benefit of to the officers, directors, partners, employees, agents, and such utility owners and other contractors to the extent that other consultants and subcontractors of each and any of there are comparable provisions for the benefit of them arising out of: CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, C. If the proper execution or results of any part of opinions, reports, surveys, Change Orders, designs, CONTRACTOR’s Work depends upon work performed by or Specifications; or others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in 2. giving directions or instructions, or writing any delays, defects, or deficiencies in such other failing to give them, if that is the primary cause of work that render it unavailable or unsuitable for the proper the injury or damage. execution and results of CONTRACTOR’s Work. CONTRACTOR’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR’s Work except for latent defects and deficiencies in such other work. General Conditions Page 00700-26 Packet Pg. 209 7.02 Coordination of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing A. If OWNER intends to contract with others for the surface or subsurface structures at or contiguous to the Site performance of other work on the Project at the Site, the that have been utilized by ENGINEER in preparing the following will be set forth in Supplementary Conditions: Contract Documents. 1. the individual or entity who will have 8.06 Insurance authority and responsibility for coordination of the activities among the various contractors will be A. OWNER’s responsibilities, if any, in respect to identified; purchasing and maintaining liability and property insurance are set forth in Article 5. 2. the specific matters to be covered by such authority and responsibility will be itemized; 8.07 Change Orders and A. OWNER is obligated to execute Change Orders as 3. the extent of such authority and responsi- indicated in paragraph 10.03. bilities will be provided. 8.08 Inspections, Tests, and Approvals B. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and respon- A. OWNER’s responsibility in respect to certain sibility for such coordination. inspections, tests, and approvals is set forth in paragraph 13.03.B. ARTICLE 8 - OWNER’S RESPONSIBILITIES 8.09 Limitations on OWNER’s Responsibilities ______________________________________________ A. The OWNER shall not supervise, direct, or have 8.01 Communications to Contractor control or authority over, nor be responsible for, CONTRACTOR’s means, methods, techniques, sequences, A. Except as otherwise provided in these General or procedures of construction, or the safety precautions and Conditions, OWNER shall issue all communications to programs incident thereto, or for any failure of CON- CONTRACTOR through ENGINEER. TRACTOR to comply with Laws and Regulations applica- ble to the performance of the Work. OWNER will not be 8.02 Replacement of ENGINEER responsible for CONTRACTOR’s failure to perform the Work in accordance with the Contract Documents. A. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer to whom 8.10 Undisclosed Hazardous Environmental CONTRACTOR makes no reasonable objection, whose Condition status under the Contract Documents shall be that of the former ENGINEER. A. OWNER’s responsibility in respect to an undis- closed Hazardous Environmental Condition is set forth in 8.03 Furnish Data paragraph 4.06. A. OWNER shall promptly furnish the data required 8.11 Evidence of Financial Arrangements of OWNER under the Contract Documents. A. If and to the extent OWNER has agreed to furnish 8.04 Pay Promptly When Due CONTRACTOR reasonable evidence that financial arrangements have been made to satisfy OWNER’s A. OWNER shall make payments to CONTRAC- obligations under the Contract Documents, OWNER’s TOR promptly when they are due as provided in responsibility in respect thereof will be as set forth in the paragraphs 14.02.C and 14.07.C. Supplementary Conditions. 8.05 Lands and Easements; Reports and Tests A. OWNER’s duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.01 and 4.05. Paragraph 4.02 refers to OWNER’s identifying and making available to CONTRACTOR copies of reports General Conditions Page 00700-27 Packet Pg. 210 ARTICLE 9 - ENGINEER’S STATUS DURING the responsibilities and authority and limitations thereon of CONSTRUCTION such other individual or entity will be as provided in the ______________________________________________ Supplementary Conditions. 9.01 OWNER’S Representative 9.04 Clarifications and Interpretations A. ENGINEER will be OWNER’s representative A. ENGINEER will issue with reasonable prompt- during the construction period. The duties and responsi- ness such written clarifications or interpretations of the bilities and the limitations of authority of ENGINEER as requirements of the Contract Documents as ENGINEER OWNER’s representative during construction are set forth may determine necessary, which shall be consistent with in the Contract Documents and will not be changed without the intent of and reasonably inferable from the Contract written consent of OWNER and ENGINEER. Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If 9.02 Visits to Site OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any A. ENGINEER will make visits to the Site at inter- adjustment in the Contract Price or Contract Times, or both, vals appropriate to the various stages of construction as that should be allowed as a result of a written clarification ENGINEER deems necessary in order to observe as an or interpretation, a Claim may be made therefor as provided experienced and qualified design professional the progress in paragraph 10.05. that has been made and the quality of the various aspects of CONTRACTOR’s executed Work. Based on information 9.05 Authorized Variations in Work obtained during such visits and observations, ENGINEER, for the benefit of OWNER, will determine, in general, if the A. ENGINEER may authorize minor variations in the Work is proceeding in accordance with the Contract Work from the requirements of the Contract Documents Documents. ENGINEER will not be required to make which do not involve an adjustment in the Contract Price or exhaustive or continuous inspections on the Site to check the Contract Times and are compatible with the design the quality or quantity of the Work. ENGINEER’s efforts concept of the completed Project as a functioning whole as will be directed toward providing for OWNER a greater indicated by the Contract Documents. These may be degree of confidence that the completed Work will conform accomplished by a Field Order and will be binding on generally to the Contract Documents. On the basis of such OWNER and also on CONTRACTOR, who shall perform visits and observations, ENGINEER will keep OWNER the Work involved promptly. If OWNER and CONTRAC- informed of the progress of the Work and will endeavor to TOR are unable to agree on entitlement to or on the amount guard OWNER against defective Work. or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of a Field Order, a B. ENGINEER’s visits and observations are subject Claim may be made therefor as provided in paragraph to all the limitations on ENGINEER’s authority and 10.05. responsibility set forth in paragraph 9.10, and particularly, but without limitation, during or as a result of 9.06 Rejecting Defective Work ENGINEER's visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control, or A. ENGINEER will have authority to disapprove or have authority over or be responsible for reject Work which ENGINEER believes to be defective, or CONTRACTOR’s means, methods, techniques, sequences, that ENGINEER believes will not produce a completed or procedures of construction, or the safety precautions and Project that conforms to the Contract Documents or that programs incident thereto, or for any failure of will prejudice the integrity of the design concept of the CONTRACTOR to comply with Laws and Regulations completed Project as a functioning whole as indicated by applicable to the performance of the Work. the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the 9.03 Project Representative Work as provided in paragraph 13.04, whether or not the Work is fabricated, installed, or completed. A. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist 9.07 Shop Drawings, Change Orders and Payments ENGINEER in providing more extensive observation of the Work. The responsibilities and authority and limitations A. In connection with ENGINEER’s authority as to thereon of any such Resident Project Representative and Shop Drawings and Samples, see paragraph 6.17. assistants will be as provided in paragraph 9.10 and in the Supplementary Conditions. If OWNER designates another B. In connection with ENGINEER’s authority as to representative or agent to represent OWNER at the Site Change Orders, see Articles 10, 11, and 12. who is not ENGINEER’s Consultant, agent or employee, General Conditions Page 00700-28 Packet Pg. 211  C. In connection with ENGINEER’s authority as to CONTRACTOR, any Subcontractor, any Supplier, any Applications for Payment, see Article 14. other individual or entity, or to any surety for or employee or agent of any of them. 9.08 Determinations for Unit Price Work B. ENGINEER will not supervise, direct, control, or A. ENGINEER will determine the actual quantities have authority over or be responsible for and classifications of Unit Price Work performed by CONTRACTOR’s means, methods, techniques, sequences, CONTRACTOR. ENGINEER will review with CON- or procedures of construction, or the safety precautions and TRACTOR the ENGINEER’s preliminary determinations programs incident thereto, or for any failure of on such matters before rendering a written decision thereon CONTRACTOR to comply with Laws and Regulations (by recommendation of an Application for Payment or applicable to the performance of the Work. ENGINEER otherwise). ENGINEER’s written decision thereon will be will not be responsible for CONTRACTOR’s failure to final and binding (except as modified by ENGINEER to perform the Work in accordance with the Contract reflect changed factual conditions or more accurate data) Documents. upon OWNER and CONTRACTOR, subject to the provisions of paragraph 10.05. C. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any 9.09 Decisions on Requirements of Contract Supplier, or of any other individual or entity performing Documents and Acceptability of Work any of the Work. A. ENGINEER will be the initial interpreter of the D. ENGINEER’s review of the final Application for requirements of the Contract Documents and judge of the Payment and accompanying documentation and all mainte- acceptability of the Work there under. Claims, disputes and nance and operating instructions, schedules, guarantees, other matters relating to the acceptability of the Work, the Bonds, certificates of inspection, tests and approvals, and quantities and classifications of Unit Price Work, the other documentation required to be delivered by paragraph interpretation of the requirements of the Contract 14.07.A will only be to determine generally that their Documents pertaining to the performance of the Work, and content complies with the requirements of, and in the case Claims seeking changes in the Contract Price or Contract of certificates of inspections, tests, and approvals that the Times will be referred initially to ENGINEER in writing, in results certified indicate compliance with, the Contract accordance with the provisions of paragraph 10.05, with a Documents. request for a formal decision. E. The limitations upon authority and responsibility B. When functioning as interpreter and judge under set forth in this paragraph 9.10 shall also apply to this paragraph 9.09, ENGINEER will not show partiality to ENGINEER’s Consultants, Resident Project Repre- OWNER or CONTRACTOR and will not be liable in sentative, and assistants. connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ARTICLE 10 - CHANGES IN THE WORK; CLAIMS ENGINEER pursuant to this paragraph 9.09 with respect to ______________________________________________ any such Claim, dispute, or other matter (except any which have been waived by the making or acceptance of final 10.01 Authorized Changes in the Work payment as provided in paragraph 14.07) will be a condition precedent to any exercise by OWNER or A. Without invalidating the Agreement and without CONTRACTOR of such rights or remedies as either may notice to any surety, OWNER may, at any time or from otherwise have under the Contract Documents or by Laws time to time, order additions, deletions, or revisions in the or Regulations in respect of any such Claim, dispute, or Work by a Written Amendment, a Change Order, or a other matter. Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with 9.10 Limitations on ENGINEER’s Authority and the Work involved which will be performed under the Responsibilities applicable conditions of the Contract Documents (except as otherwise specifically provided). A. Neither ENGINEER’s authority or responsibility under this Article 9 or under any other provision of the B. If OWNER and CONTRACTOR are unable to Contract Documents nor any decision made by agree on entitlement to, or on the amount or extent, if any, ENGINEER in good faith either to exercise or not exercise of an adjustment in the Contract Price or Contract Times, or such authority or responsibility or the undertaking, both, that should be allowed as a result of a Work Change exercise, or performance of any authority or responsibility Directive, a Claim may be made therefore as provided in by ENGINEER shall create, impose, or give rise to any paragraph 10.05. duty in contract, tort, or otherwise owed by ENGINEER to General Conditions Page 00700-29 Packet Pg. 212 10.02 Unauthorized Changes in the Work Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. Notice of the A. CONTRACTOR shall not be entitled to an amount or extent of the Claim, dispute, or other matter with increase in the Contract Price or an extension of the supporting data shall be delivered to the ENGINEER and Contract Times with respect to any work performed that is the other party to the Contract within 60 days after the start not required by the Contract Documents as amended, of such event (unless ENGINEER allows additional time modified, or supplemented as provided in paragraph 3.04, for claimant to submit additional or more accurate data in except in the case of an emergency as provided in support of such Claim, dispute, or other matter). A Claim paragraph 6.16 or in the case of uncovering Work as for an adjustment in Contract Price shall be prepared in provided in paragraph 13.04.B. accordance with the provisions of paragraph 12.01.B. A Claim for an adjustment in Contract Time shall be prepared 10.03 Execution of Change Orders in accordance with the provisions of paragraph 12.02.B. Each Claim shall be accompanied by claimant's written A. OWNER and CONTRACTOR shall execute statement that the adjustment claimed is the entire appropriate Change Orders recommended by ENGINEER adjustment to which the claimant believes it is entitled as a (or Written Amendments) covering: result of said event. The opposing party shall submit any response to ENGINEER and the claimant within 30 days 1. changes in the Work which are: (i) after receipt of the claimant’s last submittal (unless ordered by OWNER pursuant to paragraph 10.01.A, ENGINEER allows additional time). (ii) required because of acceptance of defective Work under paragraph 13.08.A or OWNER’s B. ENGINEER’s Decision: ENGINEER will render correction of defective Work under paragraph a formal decision in writing within 30 days after receipt of 13.09, or (iii) agreed to by the parties; the last submittal of the claimant or the last submittal of the opposing party, if any. ENGINEER’s written decision on 2. changes in the Contract Price or Contract such Claim, dispute, or other matter will be final and Times which are agreed to by the parties, including binding upon OWNER and CONTRACTOR unless: any undisputed sum or amount of time for Work actually performed in accordance with a Work 1. an appeal from ENGINEER’s decision is Change Directive; and taken within the time limits and in accordance with the dispute resolution procedures set forth in Article 3. changes in the Contract Price or Contract 16; or Times which embody the substance of any written decision rendered by ENGINEER pursuant to para- 2. if no such dispute resolution procedures graph 10.05; provided that, in lieu of executing any have been set forth in Article 16, a written notice of such Change Order, an appeal may be taken from intention to appeal from ENGINEER’s written any such decision in accordance with the provisions decision is delivered by OWNER or of the Contract Documents and applicable Laws and CONTRACTOR to the other and to ENGINEER Regulations, but during any such appeal, within 30 days after the date of such decision, and a CONTRACTOR shall carry on the Work and formal proceeding is instituted by the appealing adhere to the progress schedule as provided in party in a forum of competent jurisdiction within 60 paragraph 6.18.A. days after the date of such decision or within 60 days after Substantial Completion, whichever is 10.04 Notification to Surety later (unless otherwise agreed in writing by OWNER and CONTRACTOR), to exercise such A. If notice of any change affecting the general scope rights or remedies as the appealing party may have of the Work or the provisions of the Contract Documents with respect to such Claim, dispute, or other matter (including, but not limited to, Contract Price or Contract in accordance with applicable Laws and Times) is required by the provisions of any Bond to be Regulations. given to a surety, the giving of any such notice will be CONTRACTOR’s responsibility. The amount of each applicable Bond will be adjusted to reflect the effect of any such change. 10.05 Claims and Disputes A. Notice: Written notice stating the general nature of each Claim, dispute, or other matter shall be delivered by the claimant to ENGINEER and the other party to the General Conditions Page 00700-30 Packet Pg. 213  Suppliers’ field services required in connection C. If ENGINEER does not render a formal decision therewith. All cash discounts shall accrue to in writing within the time stated in paragraph 10.05.B, a CONTRACTOR unless OWNER deposits funds decision denying the Claim in its entirety shall be deemed with CONTRACTOR with which to make pay- to have been issued 31 days after receipt of the last ments, in which case the cash discounts shall accrue submittal of the claimant or the last submittal of the to OWNER. All trade discounts, rebates and opposing party, if any. refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and D. No Claim for an adjustment in Contract Price or CONTRACTOR shall make provisions so that they Contract Times (or Milestones) will be valid if not may be obtained. submitted in accordance with this paragraph 10.05. 3. Payments made by CONTRACTOR to Subcontractors for Work performed by ARTICLE 11 - COST OF THE WORK; CASH Subcontractors. If required by OWNER, CON- ALLOWANCES; UNIT PRICE WORK TRACTOR shall obtain competitive bids from ______________________________________________ subcontractors acceptable to OWNER and CON- TRACTOR and shall deliver such bids to OWNER, 11.01 Cost of the Work who will then determine, with the advice of ENGINEER, which bids, if any, will be acceptable. A. Costs Included: The term Cost of the Work If any subcontract provides that the Subcontractor means the sum of all costs necessarily incurred and paid by is to be paid on the basis of Cost of the Work plus a CONTRACTOR in the proper performance of the Work. fee, the Subcontractor’s Cost of the Work and fee When the value of any Work covered by a Change Order or shall be determined in the same manner as when a Claim for an adjustment in Contract Price is CONTRACTOR’s Cost of the Work and fee as determined on the basis of Cost of the Work, the costs to be provided in this paragraph 11.01. reimbursed to CONTRACTOR will be only those additional or incremental costs required because of the 4. Costs of special consultants (including change in the Work or because of the event giving rise to but not limited to engineers, architects, testing the Claim. Except as otherwise may be agreed to in writing laboratories, surveyors, attorneys, and accountants) by OWNER, such costs shall be in amounts no higher than employed for services specifically related to the those prevailing in the locality of the Project, shall include Work. only the following items, and shall not include any of the costs itemized in paragraph 11.01.B. 5. Supplemental costs including the following: 1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of a. The proportion of necessary transportation, the Work under schedules of job classifications travel, and subsistence expenses of agreed upon by OWNER and CONTRACTOR. CONTRACTOR’s employees incurred in discharge Such employees shall include without limitation of duties connected with the Work. superintendents, foremen, and other personnel employed full time at the Site. Payroll costs for b. Cost, including transportation and employees not employed full time on the Work shall maintenance, of all materials, supplies, equipment, be apportioned on the basis of their time spent on machinery, appliances, office, and temporary the Work. Payroll costs shall include, but not be facilities at the Site, and hand tools not owned by limited to, salaries and wages plus the cost of fringe the workers, which are consumed in the benefits, which shall include social security performance of the Work, and cost, less market contributions, unemployment, excise, and payroll value, of such items used but not consumed which taxes, workers’ compensation, health and retirement remain the property of CONTRACTOR. benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing c. Rentals of all construction equipment Work outside of regular working hours, on and machinery, and the parts thereof whether rented Saturday, Sunday, or legal holidays, shall be from CONTRACTOR or others in accordance with included in the above to the extent authorized by rental agreements approved by OWNER with the OWNER. advice of ENGINEER, and the costs of transportation, loading, unloading, assembly, 2. Cost of all materials and equipment dismantling, and removal thereof. All such costs furnished and incorporated in the Work, including shall be in accordance with the terms of said rental costs of transportation and storage thereof, and agreements. The rental of any such equipment, General Conditions Page 00700-31 Packet Pg. 214  machinery, or parts shall cease when the use thereof (of partnerships and sole proprietorships), general is no longer necessary for the Work. managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and d. Sales, consumer, use, and other similar contracting agents, expediters, timekeepers, clerks, taxes related to the Work, and for which CON- and other personnel employed by CONTRACTOR, TRACTOR is liable, imposed by Laws and Regu- whether at the Site or in CONTRACTOR’s lations. principal or branch office for general administration of the Work and not specifically included in the e. Deposits lost for causes other than negli- agreed upon schedule of job classifications referred gence of CONTRACTOR, any Subcontractor, or to in paragraph 11.01.A.1 or specifically covered by anyone directly or indirectly employed by any of paragraph 11.01.A.4, all of which are to be them or for whose acts any of them may be liable, considered administrative costs covered by the and royalty payments and fees for permits and CONTRACTOR’s fee. licenses. 2. Expenses of CONTRACTOR’s principal f. Losses and damages (and related and branch offices other than CONTRACTOR’s expenses) caused by damage to the Work, not office at the Site. compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the perfor- 3. Any part of CONTRACTOR’s capital mance of the Work (except losses and damages expenses, including interest on CONTRACTOR’s within the deductible amounts of property insurance capital employed for the Work and charges against established in accordance with paragraph 5.06.D), CONTRACTOR for delinquent payments. provided such losses and damages have resulted from causes other than the negligence of 4. Costs due to the negligence of CON- CONTRACTOR, any Subcontractor, or anyone TRACTOR, any Subcontractor, or anyone directly directly or indirectly employed by any of them or or indirectly employed by any of them or for whose for whose acts any of them may be liable. Such acts any of them may be liable, including but not losses shall include settlements made with the limited to, the correction of defective Work, written consent and approval of OWNER. No such disposal of materials or equipment wrongly losses, damages, and expenses shall be included in supplied, and making good any damage to property. the Cost of the Work for the purpose of determining CONTRACTOR’s fee. 5. Other overhead or general expense costs of any kind and the costs of any item not g. The cost of utilities, fuel, and sanitary specifically and expressly included in paragraphs facilities at the Site. 11.01.A and 11.01.B. h. Minor expenses such as telegrams, long C. CONTRACTOR’s Fee: When all the Work is distance telephone calls, telephone service at the performed on the basis of cost-plus, CONTRACTOR’s fee Site, expressage, and similar petty cash items in shall be determined as set forth in the Agreement. When connection with the Work. the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined i. When the Cost of the Work is used to on the basis of Cost of the Work, CONTRACTOR’s fee determine the value of a Change Order or of a shall be determined as set forth in paragraph 12.01.C. Claim, the cost of premiums for additional Bonds and insurance required because of the changes in the D. Documentation: Whenever the Cost of the Work Work or caused by the event giving rise to the for any purpose is to be determined pursuant to paragraphs Claim. 11.01.A and 11.01.B, CONTRACTOR will establish and maintain records thereof in accordance with generally j. When all the Work is performed on the basis accepted accounting practices and submit in a form of cost-plus, the costs of premiums for all Bonds acceptable to ENGINEER an itemized cost breakdown and insurance CONTRACTOR is required by the together with supporting data. Contract Documents to purchase and maintain. 11.02 Cash Allowances B. Costs Excluded: The term Cost of the Work shall A. It is understood that CONTRACTOR has includ- not include any of the following items: ed in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered 1. Payroll costs and other compensation of to be performed for such sums as may be acceptable to CONTRACTOR’s officers, executives, principals OWNER and ENGINEER. CONTRACTOR agrees that: General Conditions Page 00700-32 Packet Pg. 215  3. if CONTRACTOR believes that 1. the allowances include the cost to CONTRACTOR is entitled to an increase in CONTRACTOR (less any applicable trade Contract Price as a result of having incurred addi- discounts) of materials and equipment required by tional expense or OWNER believes that OWNER is the allowances to be delivered at the Site, and all entitled to a decrease in Contract Price and the applicable taxes; and parties are unable to agree as to the amount of any such increase or decrease. 2. CONTRACTOR’s costs for unloading and handling on the Site, labor, installation costs, overhead, profit, and other expenses contemplated ARTICLE 12 - CHANGE OF CONTRACT PRICE; for the allowances have been included in the CHANGE OF CONTRACT TIMES Contract Price and not in the allowances, and no ______________________________________________ demand for additional payment on account of any of the foregoing will be valid. 12.01 Change of Contract Price B. Prior to final payment, an appropriate Change A. The Contract Price may only be changed by a Order will be issued as recommended by ENGINEER to Change Order or by a Written Amendment. Any Claim for reflect actual amounts due CONTRACTOR on account of an adjustment in the Contract Price shall be based on Work covered by allowances, and the Contract Price shall written notice submitted by the party making the Claim to be correspondingly adjusted. the ENGINEER and the other party to the Contract in accordance with the provisions of paragraph 10.05. 11.03 Unit Price Work B. The value of any Work covered by a Change A. Where the Contract Documents provide that all or Order or of any Claim for an adjustment in the Contract part of the Work is to be Unit Price Work, initially the Price will be determined as follows: Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each 1. where the Work involved is covered by separately identified item of Unit Price Work times the unit prices contained in the Contract Documents, by estimated quantity of each item as indicated in the application of such unit prices to the quantities of Agreement. The estimated quantities of items of Unit Price the items involved (subject to the provisions of Work are not guaranteed and are solely for the purpose of paragraph 11.03 ); or comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and 2. where the Work involved is not covered classifications of Unit Price Work performed by by unit prices contained in the Contract Documents, CONTRACTOR will be made by ENGINEER subject to by a mutually agreed lump sum (which may include the provisions of paragraph 9.08. an allowance for overhead and profit not necessarily in accordance with paragraph 12.01.C.2); or B. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to 3. where the Work involved is not covered cover CONTRACTOR’s overhead and profit for each by unit prices contained in the Contract Documents separately identified item. and agreement to a lump sum is not reached under paragraph 12.01.B.2, on the basis of the Cost of the SEE SUPLEMENTARY CONDITIONS (SECTION 00800) Work (determined as provided in paragraph 11.01) plus a CONTRACTOR’s fee for overhead and C. OWNER or CONTRACTOR may make a Claim profit (determined as provided in paragraph for an adjustment in the Contract Price in accordance with 12.01.C). paragraph 10.05 if: C. CONTRACTOR’s Fee: The CONTRACTOR’s 1. the quantity of any item of Unit Price fee for overhead and profit shall be determined as follows: Work performed by CONTRACTOR differs materially and significantly from the estimated 1. a mutually acceptable fixed fee; or quantity of such item indicated in the Agreement; and 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the 2. there is no corresponding adjustment various portions of the Cost of the Work: with respect any other item of Work; and General Conditions Page 00700-33 Packet Pg. 216  a. for costs incurred under paragraphs A. Where CONTRACTOR is prevented from 11.01.A.1 and 11.01.A.2, the CONTRACTOR’s completing any part of the Work within the Contract Times fee shall be 15 percent; (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will b. for costs incurred under paragraph be extended in an amount equal to the time lost due to such 11.01.A.3, the CONTRACTOR’s fee shall be delay if a Claim is made therefore as provided in paragraph five percent; 12.02.A. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by c. where one or more tiers of subcon- OWNER, acts or neglect of utility owners or other tracts are on the basis of Cost of the Work plus a contractors performing other work as contemplated by fee and no fixed fee is agreed upon, the intent of Article 7, fires, floods, epidemics, abnormal weather paragraph 12.01.C.2.a is that the Subcontractor conditions, or acts of God. who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs 12.04 Delays Within CONTRACTOR’s Control incurred by such Subcontractor under paragraphs 11.01.A.1 and 11.01.A.2 and that A. The Contract Times (or Milestones) will not be any higher tier Subcontractor and CON- extended due to delays within the control of TRACTOR will each be paid a fee of five CONTRACTOR. Delays attributable to and within the percent of the amount paid to the next lower tier control of a Subcontractor or Supplier shall be deemed to Subcontractor; be delays within the control of CONTRACTOR. d. no fee shall be payable on the basis of 12.05 Delays Beyond OWNER’s and CONTRACTOR’s costs itemized under paragraphs 11.01.A.4, Control 11.01.A.5, and 11.01.B; A. Where CONTRACTOR is prevented from e. the amount of credit to be allowed by completing any part of the Work within the Contract Times CONTRACTOR to OWNER for any change (or Milestones) due to delay beyond the control of both which results in a net decrease in cost will be the OWNER and CONTRACTOR, an extension of the amount of the actual net decrease in cost plus a Contract Times (or Milestones) in an amount equal to the deduction in CONTRACTOR’s fee by an time lost due to such delay shall be CONTRACTOR’s sole amount equal to five percent of such net and exclusive remedy for such delay. decrease; and 12.06 Delay Damages f. when both additions and credits are in- volved in any one change, the adjustment in A. In no event shall OWNER or ENGINEER be CONTRACTOR’s fee shall be computed on the liable to CONTRACTOR, any Subcontractor, any Supplier, basis of the net change in accordance with or any other person or organization, or to any surety for or paragraphs 12.01.C.2.a through 12.01.C.2.e, employee or agent of any of them, for damages arising out inclusive. of or resulting from: 12.02 Change of Contract Times 1. delays caused by or within the control of CONTRACTOR; or A. The Contract Times (or Milestones) may only be changed by a Change Order or by a Written Amendment. 2. delays beyond the control of both Any Claim for an adjustment in the Contract Times (or OWNER and CONTRACTOR including but not Milestones) shall be based on written notice submitted by limited to fires, floods, epidemics, abnormal the party making the claim to the ENGINEER and the other weather conditions, acts of God, or acts or neglect party to the Contract in accordance with the provisions of by utility owners or other contractors performing paragraph 10.05. other work as contemplated by Article 7. B. Any adjustment of the Contract Times (or B. Nothing in this paragraph 12.06 bars a change in Milestones) covered by a Change Order or of any Claim for Contract Price pursuant to this Article 12 to compensate an adjustment in the Contract Times (or Milestones) will be CONTRACTOR due to delay, interference, or disruption determined in accordance with the provisions of this directly attributable to actions or inactions of OWNER or Article 12. anyone for whom OWNER is responsible. 12.03 Delays Beyond CONTRACTOR’s Control General Conditions Page 00700-34 Packet Pg. 217 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF D. CONTRACTOR shall be responsible for DEFECTIVE WORK arranging and obtaining and shall pay all costs in ______________________________________________ connection with any inspections, tests, or approvals required for OWNER’s and ENGINEER’s acceptance of 13.01 Notice of Defects materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment A. Prompt notice of all defective Work of which submitted for approval prior to CONTRACTOR’s purchase OWNER or ENGINEER has actual knowledge will be thereof for incorporation in the Work. Such inspections, given to CONTRACTOR. All defective Work may be tests, or approvals shall be performed by organizations rejected, corrected, or accepted as provided in this acceptable to OWNER and ENGINEER. Article 13. E. If any Work (or the work of others) that is to be 13.02 Access to Work inspected, tested, or approved is covered by CONTRAC- TOR without written concurrence of ENGINEER, it must, A. OWNER, ENGINEER, ENGINEER’s Con- if requested by ENGINEER, be uncovered for observation. sultants, other representatives and personnel of OWNER, independent testing laboratories, and governmental F. Uncovering Work as provided in paragraph agencies with jurisdictional interests will have access to the 13.03.E shall be at CONTRACTOR’s expense unless Site and the Work at reasonable times for their observation, CONTRACTOR has given ENGINEER timely notice of inspecting, and testing. CONTRACTOR shall provide CONTRACTOR’s intention to cover the same and them proper and safe conditions for such access and advise ENGINEER has not acted with reasonable promptness in them of CONTRACTOR’s Site safety procedures and response to such notice. programs so that they may comply therewith as applicable. 13.04 Uncovering Work 13.03 Tests and Inspections A. If any Work is covered contrary to the written SEE SUPLEMENTARY CONDITIONS (SECTION 00800) request of ENGINEER, it must, if requested by ENGI- NEER, be uncovered for ENGINEER’s observation and A. CONTRACTOR shall give ENGINEER timely replaced at CONTRACTOR’s expense. notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and B. If ENGINEER considers it necessary or advisable testing personnel to facilitate required inspections or tests. that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at B. OWNER shall employ and pay for the services of ENGINEER’s request, shall uncover, expose, or otherwise an independent testing laboratory to perform all make available for observation, inspection, or testing as inspections, tests, or approvals required by the Contract ENGINEER may require, that portion of the Work in Documents except: question, furnishing all necessary labor, material, and equipment. If it is found that such Work is defective, 1. for inspections, tests, or approvals CONTRACTOR shall pay all Claims, costs, losses, and covered by paragraphs 13.03.C and 13.03.D below; damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals 2. that costs incurred in connection with and all court or arbitration or other dispute resolution costs) tests or inspections conducted pursuant to paragraph arising out of or relating to such uncovering, exposure, 13.04.B shall be paid as provided in said paragraph observation, inspection, and testing, and of satisfactory 13.04.B; and replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and 3. as otherwise specifically provided in the OWNER shall be entitled to an appropriate decrease in the Contract Documents. Contract Price. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as C. If Laws or Regulations of any public body having provided in paragraph 10.05. If, however, such Work is not jurisdiction require any Work (or part thereof) specifically found to be defective, CONTRACTOR shall be allowed an to be inspected, tested, or approved by an employee or increase in the Contract Price or an extension of the other representative of such public body, CONTRACTOR Contract Times (or Milestones), or both, directly attribut- shall assume full responsibility for arranging and obtaining able to such uncovering, exposure, observation, inspection, such inspections, tests, or approvals, pay all costs in testing, replacement, and reconstruction. If the parties are connection therewith, and furnish ENGINEER the required unable to agree as to the amount or extent thereof, certificates of inspection or approval. General Conditions Page 00700-35 Packet Pg. 218 CONTRACTOR may make a Claim therefore as provided and charges of engineers, architects, attorneys, and other in paragraph 10.05. professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction 13.05 OWNER May Stop the Work or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of A. If the Work is defective, or CONTRACTOR fails others) will be paid by CONTRACTOR. to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that B. In special circumstances where a particular item of the completed Work will conform to the Contract equipment is placed in continuous service before Documents, OWNER may order CONTRACTOR to stop Substantial Completion of all the Work, the correction the Work, or any portion thereof, until the cause for such period for that item may start to run from an earlier date if order has been eliminated; however, this right of OWNER so provided in the Specifications or by Written to stop the Work shall not give rise to any duty on the part Amendment. of OWNER to exercise this right for the benefit of CONTRACTOR, any Subcontractor, any Supplier, any C. Where defective Work (and damage to other other individual or entity, or any surety for, or employee or Work resulting there from) has been corrected or removed agent of any of them. and replaced under this paragraph 13.07, the correction period hereunder with respect to such Work will be 13.06 Correction or Removal of Defective Work extended for an additional period of one year after such correction or removal and replacement has been A. CONTRACTOR shall correct all defective Work, satisfactorily completed. whether or not fabricated, installed, or completed, or, if the Work has been rejected by ENGINEER, remove it from the D. CONTRACTOR’s obligations under this Project and replace it with Work that is not defective. paragraph 13.07 are in addition to any other obligation or CONTRACTOR shall pay all Claims, costs, losses, and warranty. The provisions of this paragraph 13.07 shall not damages (including but not limited to all fees and charges be construed as a substitute for or a waiver of the of engineers, architects, attorneys, and other professionals provisions of any applicable statute of limitation or repose. and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal 13.08 Acceptance of Defective Work (including but not limited to all costs of repair or replacement of work of others). A. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to 13.07 Correction Period ENGINEER’s recommendation of final payment, ENGINEER) prefers to accept it, OWNER may do so. A. If within one year after the date of Substantial CONTRACTOR shall pay all Claims, costs, losses, and Completion or such longer period of time as may be damages (including but not limited to all fees and charges prescribed by Laws or Regulations or by the terms of any of engineers, architects, attorneys, and other professionals applicable special guarantee required by the Contract and all court or arbitration or other dispute resolution costs) Documents or by any specific provision of the Contract attributable to OWNER’s evaluation of and determination Documents, any Work is found to be defective, or if the to accept such defective Work (such costs to be approved repair of any damages to the land or areas made available by ENGINEER as to reasonableness) and the diminished for CONTRACTOR’s use by OWNER or permitted by value of the Work to the extent not otherwise paid by Laws and Regulations as contemplated in paragraph 6.11.A CONTRACTOR pursuant to this sentence. If any such is found to be defective, CONTRACTOR shall promptly, acceptance occurs prior to ENGINEER’s recommendation without cost to OWNER and in accordance with of final payment, a Change Order will be issued OWNER’s written instructions: (i) repair such defective incorporating the necessary revisions in the Contract land or areas, or (ii) correct such defective Work or, if the Documents with respect to the Work, and OWNER shall be defective Work has been rejected by OWNER, remove it entitled to an appropriate decrease in the Contract Price, from the Project and replace it with Work that is not reflecting the diminished value of Work so accepted. If the defective, and (iii) satisfactorily correct or repair or remove parties are unable to agree as to the amount thereof, and replace any damage to other Work, to the work of OWNER may make a Claim therefore as provided in others or other land or areas resulting there from. If paragraph 10.05. If the acceptance occurs after such CONTRACTOR does not promptly comply with the terms recommendation, an appropriate amount will be paid by of such instructions, or in an emergency where delay would CONTRACTOR to OWNER. cause serious risk of loss or damage, OWNER may have the defective Work corrected or repaired or may have the 13.09 OWNER May Correct Defective Work rejected Work removed and replaced, and all Claims, costs, losses, and damages (including but not limited to all fees General Conditions Page 00700-36 Packet Pg. 219  A. If CONTRACTOR fails within a reasonable time ARTICLE 14 - PAYMENTS TO CONTRACTOR AND after written notice from ENGINEER to correct defective COMPLETION Work or to remove and replace rejected Work as required ______________________________________________ by ENGINEER in accordance with paragraph 13.06.A, or if CONTRACTOR fails to perform the Work in accordance 14.01 Schedule of Values with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract A. The schedule of values established as provided in Documents, OWNER may, after seven days written notice paragraph 2.07.A will serve as the basis for progress to CONTRACTOR, correct and remedy any such payments and will be incorporated into a form of Applica- deficiency. tion for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on B. In exercising the rights and remedies under this the number of units completed. paragraph, OWNER shall proceed expeditiously. In connection with such corrective and remedial action, 14.02 Progress Payments OWNER may exclude CONTRACTOR from all or part of the Site, take possession of all or part of the Work and A. Applications for Payments suspend CONTRACTOR’s services related thereto, take possession of CONTRACTOR’s tools, appliances, con- 1. At least 20 days before the date estab- struction equipment and machinery at the Site, and lished for each progress payment (but not more incorporate in the Work all materials and equipment stored often than once a month), CONTRACTOR shall at the Site or for which OWNER has paid CONTRACTOR submit to ENGINEER for review an Application for but which are stored elsewhere. CONTRACTOR shall Payment filled out and signed by CONTRACTOR allow OWNER, OWNER’s representatives, agents and covering the Work completed as of the date of the employees, OWNER’s other contractors, and ENGINEER Application and accompanied by such supporting and ENGINEER’s Consultants access to the Site to enable documentation as is required by the Contract OWNER to exercise the rights and remedies under this Documents. If payment is requested on the basis of paragraph. materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or C. All Claims, costs, losses, and damages (including at another location agreed to in writing, the but not limited to all fees and charges of engineers, Application for Payment shall also be accompanied architects, attorneys, and other professionals and all court by a bill of sale, invoice, or other documentation or arbitration or other dispute resolution costs) incurred or warranting that OWNER has received the materials sustained by OWNER in exercising the rights and remedies and equipment free and clear of all Liens and under this paragraph 13.09 will be charged against evidence that the materials and equipment are CONTRACTOR, and a Change Order will be issued covered by appropriate property insurance or other incorporating the necessary revisions in the Contract arrangements to protect OWNER’s interest therein, Documents with respect to the Work; and OWNER shall be all of which must be satisfactory to OWNER. entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the 2. Beginning with the second Application adjustment, OWNER may make a Claim therefore as for Payment, each Application shall include an provided in paragraph 10.05. Such claims, costs, losses affidavit of CONTRACTOR stating that all and damages will include but not be limited to all costs of previous progress payments received on account of repair, or replacement of work of others destroyed or the Work have been applied on account to discharge damaged by correction, removal, or replacement of CONTRACTOR’s legitimate obligations associated CONTRACTOR’s defective Work. with prior Applications for Payment. D. CONTRACTOR shall not be allowed an exten- 3. The amount of retainage with respect to sion of the Contract Times (or Milestones) because of any pro-gress payments will be as stipulated in the delay in the performance of the Work attributable to the Agreement. exercise by OWNER of OWNER’s rights and remedies under this paragraph 13.09. B. Review of Applications 1. ENGINEER will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER or return the Application to CONTRACTOR indicating in writing ENGINEER’s reasons for refusing to General Conditions Page 00700-37 Packet Pg. 220  recommend payment. In the latter case, CON- Regulations applicable to CONTRACTOR’s TRACTOR may make the necessary corrections performance of the Work. Additionally, said review and resubmit the Application. or recommendation will not impose responsibility on ENGINEER to make any examination to 2. ENGINEER’s recommendation of any ascertain how or for what purposes payment requested in an Application for Payment CONTRACTOR has used the moneys paid on will constitute a representation by ENGINEER to account of the Contract Price, or to determine that OWNER, based on ENGINEER’s observations on title to any of the Work, materials, or equipment has the Site of the executed Work as an experienced and passed to OWNER free and clear of any Liens. qualified design professional and on ENGINEER's review of the Application for Payment and the SEE ALSO SUPLEMENTARY CONDITIONS accompanying data and schedules, that to the best of (SECTION 00800) ENGINEER’s knowledge, information and belief: 5. ENGINEER may refuse to recommend a. the Work has progressed to the point the whole or any part of any payment if, in indicated; ENGINEER’s opinion, it would be incorrect to make the representations to OWNER referred to in b. the quality of the Work is generally in paragraph 14.02.B.2. ENGINEER may also refuse accordance with the Contract Documents to recommend any such payment or, because of (subject to an evaluation of the Work as a subsequently discovered evidence or the results of functioning whole prior to or upon Substantial subsequent inspections or tests, revise or revoke any Completion, to the results of any subsequent such payment recommendation previously made, to tests called for in the Contract Documents, to a such extent as may be necessary in ENGINEER’s final determination of quantities and opinion to protect OWNER from loss because: classifications for Unit Price Work under paragraph 9.08, and to any other qualifications a. the Work is defective, or completed stated in the recommendation); and Work has been damaged, requiring correction or replacement; c. the conditions precedent to CONTRACTOR’s being entitled to such pay- b. the Contract Price has been reduced by ment appear to have been fulfilled in so far as it Written Amendment or Change Orders; is ENGINEER’s responsibility to observe the Work. c. OWNER has been required to correct defective Work or complete Work in accordance 3. By recommending any such payment with paragraph 13.09; or ENGINEER will not thereby be deemed to have represented that: (i) inspections made to check the d. ENGINEER has actual knowledge of the quality or the quantity of the Work as it has been occurrence of any of the events enumerated in performed have been exhaustive, extended to every paragraph 15.02.A. aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities C. Payment Becomes Due specifically assigned to ENGINEER in the Contract Documents; or (ii) that there may not be other 1. Ten days after presentation of the matters or issues between the parties that might Application for Payment to OWNER with entitle CONTRACTOR to be paid additionally by ENGINEER’s recommendation, the amount recom- OWNER or entitle OWNER to withhold payment to mended will (subject to the provisions of paragraph CONTRACTOR. 14.02.D) become due, and when due will be paid by OWNER to CONTRACTOR. 4. Neither ENGINEER’s review of CONTRACTOR’s Work for the purposes of D. Reduction in Payment recommending payments nor ENGINEER’s recommendation of any payment, including final 1. OWNER may refuse to make payment of payment, will impose responsibility on ENGINEER the full amount recommended by ENGINEER to supervise, direct, or control the Work or for the because: means, methods, techniques, sequences, or procedures of construction, or the safety precautions a. claims have been made against OWNER and programs incident thereto, or for on account of CONTRACTOR’s performance CONTRACTOR’s failure to comply with Laws and or furnishing of the Work; General Conditions Page 00700-38 Packet Pg. 221  attached to the certificate a tentative list of items to be b. Liens have been filed in connection with completed or corrected before final payment. OWNER the Work, except where CONTRACTOR has shall have seven days after receipt of the tentative delivered a specific Bond satisfactory to OWN- certificate during which to make written objection to ER to secure the satisfaction and discharge of ENGINEER as to any provisions of the certificate or such Liens; attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially c. there are other items entitling OWNER complete, ENGINEER will within 14 days after submission to a set off against the amount recommended; or of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefore. d. OWNER has actual knowledge of the If, after consideration of OWNER’s objections, occurrence of any of the events enumerated in ENGINEER considers the Work substantially complete, paragraphs 14.02.B.5.a through 14.02.B.5.c or ENGINEER will within said 14 days execute and deliver to paragraph 15.02.A. OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of 2. If OWNER refuses to make payment of items to be completed or corrected) reflecting such changes the full amount recommended by ENGINEER, from the tentative certificate as ENGINEER believes OWNER must give CONTRACTOR immediate justified after consideration of any objections from written notice (with a copy to ENGINEER) stating OWNER. At the time of delivery of the tentative certificate the reasons for such action and promptly pay of Substantial Completion ENGINEER will deliver to CONTRACTOR any amount remaining after OWNER and CONTRACTOR a written recommendation deduction of the amount so withheld. OWNER as to division of responsibilities pending final payment shall promptly pay CONTRACTOR the amount so between OWNER and CONTRACTOR with respect to withheld, or any adjustment thereto agreed to by security, operation, safety, and protection of the Work, OWNER and CONTRACTOR, when maintenance, heat, utilities, insurance, and warranties and CONTRACTOR corrects to OWNER’s satisfaction guarantees. Unless OWNER and CONTRACTOR agree the reasons for such action. otherwise in writing and so inform ENGINEER in writing prior to ENGINEER’s issuing the definitive certificate of 3. If it is subsequently determined that Substantial Completion, ENGINEER’s aforesaid recom- OWNER’s refusal of payment was not justified, the mendation will be binding on OWNER and CONTRAC- amount wrongfully withheld shall be treated as an TOR until final payment. amount due as determined by paragraph 14.02.C.1. B. OWNER shall have the right to exclude 14.03 CONTRACTOR’s Warranty of Title CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR A. CONTRACTOR warrants and guarantees that title reasonable access to complete or correct items on the to all Work, materials, and equipment covered by any tentative list. Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time 14.05 Partial Utilization of payment free and clear of all Liens. A. Use by OWNER at OWNER’s option of any 14.04 Substantial Completion substantially completed part of the Work which has specifically been identified in the Contract Documents, or A. When CONTRACTOR considers the entire Work which OWNER, ENGINEER, and CONTRACTOR agree ready for its intended use CONTRACTOR shall notify constitutes a separately functioning and usable part of the OWNER and ENGINEER in writing that the entire Work Work that can be used by OWNER for its intended purpose is substantially complete (except for items specifically without significant interference with CONTRACTOR’s listed by CONTRACTOR as incomplete) and request that performance of the remainder of the Work, may be ENGINEER issue a certificate of Substantial Completion. accomplished prior to Substantial Completion of all the Promptly thereafter, OWNER, CONTRACTOR, and Work subject to the following conditions. ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does 1. OWNER at any time may request CON- not consider the Work substantially complete, ENGINEER TRACTOR in writing to permit OWNER to use any will notify CONTRACTOR in writing giving the reasons such part of the Work which OWNER believes to therefore. If ENGINEER considers the Work substantially be ready for its intended use and substantially complete, ENGINEER will prepare and deliver to OWNER complete. If CONTRACTOR agrees that such part a tentative certificate of Substantial Completion which shall of the Work is substantially complete, fix the date of Substantial Completion. There shall be CONTRACTOR will certify to OWNER and General Conditions Page 00700-39 Packet Pg. 222  ENGINEER that such part of the Work is application for final payment following the substantially complete and request ENGINEER to procedure for progress payments. issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may 2. The final Application for Payment shall notify OWNER and ENGINEER in writing that be accompanied (except as previously delivered) by: CONTRACTOR considers any such part of the (i) all documentation called for in the Contract Work ready for its intended use and substantially Documents, including but not limited to the complete and request ENGINEER to issue a evidence of insurance required by subparagraph certificate of Substantial Completion for that part of 5.04.B.7; (ii) consent of the surety, if any, to final the Work. Within a reasonable time after either payment; and (iii) complete and legally effective such request, OWNER, CONTRACTOR, and releases or waivers (satisfactory to OWNER) of all ENGINEER shall make an inspection of that part of Lien rights arising out of or Liens filed in the Work to determine its status of completion. If connection with the Work. ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will 3. In lieu of the releases or waivers of Liens notify OWNER and CONTRACTOR in writing specified in paragraph 14.07.A.2 and as approved giving the reasons therefore. If ENGINEER by OWNER, CONTRACTOR may furnish receipts considers that part of the Work to be substantially or releases in full and an affidavit of complete, the provisions of paragraph 14.04 will CONTRACTOR that: (i) the releases and receipts apply with respect to certification of Substantial include all labor, services, material, and equipment Completion of that part of the Work and the for which a Lien could be filed; and (ii) all payrolls, division of responsibility in respect thereof and material and equipment bills, and other indebtedness access thereto. connected with the Work for which OWNER or OWNER's property might in any way be SEE SUPLEMENTARY CONDITIONS (SECTION responsible have been paid or otherwise satisfied. If 00800) any Subcontractor or Supplier fails to furnish such a release or receipt in full, CONTRACTOR may 2. No occupancy or separate operation of furnish a Bond or other collateral satisfactory to part of the Work may occur prior to compliance OWNER to indemnify OWNER against any Lien. with the requirements of paragraph 5.10 regarding property insurance. B. Review of Application and Acceptance 14.06 Final Inspection 1. If, on the basis of ENGINEER’s obser- vation of the Work during construction and final A. Upon written notice from CONTRACTOR that inspection, and ENGINEER’s review of the final the entire Work or an agreed portion thereof is complete, Application for Payment and accompanying docu- ENGINEER will promptly make a final inspection with mentation as required by the Contract Documents, OWNER and CONTRACTOR and will notify CON- ENGINEER is satisfied that the Work has been TRACTOR in writing of all particulars in which this completed and CONTRACTOR’s other obligations inspection reveals that the Work is incomplete or defective. under the Contract Documents have been fulfilled, CONTRACTOR shall immediately take such measures as ENGINEER will, within ten days after receipt of the are necessary to complete such Work or remedy such final Application for Payment, indicate in writing deficiencies. ENGINEER’s recommendation of payment and present the Application for Payment to OWNER for 14.07 Final Payment payment. At the same time ENGINEER will also give written notice to OWNER and CON- A. Application for Payment TRACTOR that the Work is acceptable subject to the provisions of paragraph 14.09. Otherwise, 1. After CONTRACTOR has, in the ENGINEER will return the Application for opinion of ENGINEER, satisfactorily completed all Payment to CONTRACTOR, indicating in writing corrections identified during the final inspection and the reasons for refusing to recommend final has delivered, in accordance with the Contract payment, in which case CONTRACTOR shall make Documents, all maintenance and operating the necessary corrections and resubmit the instructions, schedules, guarantees, Bonds, Application for Payment. certificates or other evidence of insurance certificates of inspection, marked-up record documents (as provided in paragraph 6.12), and other documents, CONTRACTOR may make General Conditions Page 00700-40 Packet Pg. 223  C. Payment Becomes Due more than 90 consecutive days by notice in writing to CONTRACTOR and ENGINEER which will fix the date 1. Thirty days after the presentation to on which Work will be resumed. CONTRACTOR shall OWNER of the Application for Payment and resume the Work on the date so fixed. CONTRACTOR accompanying documentation, the amount shall be allowed an adjustment in the Contract Price or an recommended by ENGINEER will become due and, extension of the Contract Times, or both, directly when due, will be paid by OWNER to CON- attributable to any such suspension if CONTRACTOR TRACTOR. makes a Claim therefor as provided in paragraph 10.05. 14.08 Final Completion Delayed 15.02 OWNER May Terminate for Cause A. If, through no fault of CONTRACTOR, final A. The occurrence of any one or more of the completion of the Work is significantly delayed, and if following events will justify termination for cause: ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR’s final Application for Payment and 1. CONTRACTOR’s persistent failure to recommendation of ENGINEER, and without terminating perform the Work in accordance with the Contract the Agreement, make payment of the balance due for that Documents (including, but not limited to, failure to portion of the Work fully completed and accepted. If the supply sufficient skilled workers or suitable materi- remaining balance to be held by OWNER for Work not als or equipment or failure to adhere to the progress fully completed or corrected is less than the retainage schedule established under paragraph 2.07 as stipulated in the Agreement, and if Bonds have been adjusted from time to time pursuant to paragraph furnished as required in paragraph 5.01, the written consent 6.04); of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be 2. CONTRACTOR’s disregard of Laws or submitted by CONTRACTOR to ENGINEER with the Regulations of any public body having jurisdiction; Application for such payment. Such payment shall be made under the terms and conditions governing final 3. CONTRACTOR’s disregard of the payment, except that it shall not constitute a waiver of authority of ENGINEER; or Claims. 4. CONTRACTOR’s violation in any 14.09 Waiver of Claims substantial way of any provisions of the Contract Documents. A. The making and acceptance of final payment will constitute: B. If one or more of the events identified in paragraph 15.02.A occur, OWNER may, after giving 1. a waiver of all Claims by OWNER CONTRACTOR (and the surety, if any) seven days written against CONTRACTOR, except Claims arising notice, terminate the services of CONTRACTOR, exclude from unsettled Liens, from defective Work CONTRACTOR from the Site, and take possession of the appearing after final inspection pursuant to Work and of all CONTRACTOR’s tools, appliances, con- paragraph 14.06, from failure to comply with the struction equipment, and machinery at the Site, and use the Contract Documents or the terms of any special same to the full extent they could be used by guarantees specified therein, or from CONTRACTOR (without liability to CONTRACTOR for CONTRACTOR’s continuing obligations under the trespass or conversion), incorporate in the Work all Contract Documents; and materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored 2. a waiver of all Claims by CONTRAC- elsewhere, and finish the Work as OWNER may deem TOR against OWNER other than those previously expedient. In such case, CONTRACTOR shall not be made in writing which are still unsettled. entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including ARTICLE 15 - SUSPENSION OF WORK AND but not limited to all fees and charges of engineers, TERMINATION architects, attorneys, and other professionals and all court ______________________________________________ or arbitration or other dispute resolution costs) sustained by OWNER arising out of or relating to completing the Work, 15.01 OWNER May Suspend Work such excess will be paid to CONTRACTOR. If such claims, costs, losses, and damages exceed such unpaid A. At any time and without cause, OWNER may balance, CONTRACTOR shall pay the difference to suspend the Work or any portion thereof for a period of not OWNER. Such claims, costs, losses, and damages incurred General Conditions Page 00700-41 Packet Pg. 224 by OWNER will be reviewed by ENGINEER as to their fails for 30 days to pay CONTRACTOR any sum finally reasonableness and, when so approved by ENGINEER, determined to be due, then CONTRACTOR may, upon incorporated in a Change Order. When exercising any seven days written notice to OWNER and ENGINEER, rights or remedies under this paragraph OWNER shall not and provided OWNER or ENGINEER do not remedy such be required to obtain the lowest price for the Work suspension or failure within that time, terminate the performed. Contract and recover from OWNER payment on the same terms as provided in paragraph 15.03. In lieu of C. Where CONTRACTOR’s services have been so terminating the Contract and without prejudice to any other terminated by OWNER, the termination will not affect any right or remedy, if ENGINEER has failed to act on an rights or remedies of OWNER against CONTRACTOR Application for Payment within 30 days after it is then existing or which may thereafter accrue. Any submitted, or OWNER has failed for 30 days to pay retention or payment of moneys due CONTRACTOR by CONTRACTOR any sum finally determined to be due, OWNER will not release CONTRACTOR from liability. CONTRACTOR may, seven days after written notice to OWNER and ENGINEER, stop the Work until payment is 15.03 OWNER May Terminate For Convenience made of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.04 are A. Upon seven days written notice to CON- not intended to preclude CONTRACTOR from making a TRACTOR and ENGINEER, OWNER may, without cause Claim under paragraph 10.05 for an adjustment in Contract and without prejudice to any other right or remedy of Price or Contract Times or otherwise for expenses or OWNER, elect to terminate the Contract. In such case, damage directly attributable to CONTRACTOR’s stopping CONTRACTOR shall be paid (without duplication of any the Work as permitted by this paragraph. items): 1. for completed and acceptable Work ARTICLE 16 - DISPUTE RESOLUTION executed in accordance with the Contract Docu- ______________________________________________ ments prior to the effective date of termination, including fair and reasonable sums for overhead and 16.01 Methods and Procedures profit on such Work; A. Dispute resolution methods and procedures, if 2. for expenses sustained prior to the any, shall be as set forth in the Supplementary Conditions. effective date of termination in performing services If no method and procedure has been set forth, and subject and furnishing labor, materials, or equipment as to the provisions of paragraphs 9.09 and 10.05, OWNER required by the Contract Documents in connection and CONTRACTOR may exercise such rights or remedies with uncompleted Work, plus fair and reasonable as either may otherwise have under the Contract sums for overhead and profit on such expenses; Documents or by Laws or Regulations in respect of any dispute. 3. for all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other ARTICLE 17 - MISCELLANEOUS professionals and all court or arbitration or other ______________________________________________ dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, 17.01 Giving Notice and others; and A. Whenever any provision of the Contract 4. for reasonable expenses directly Documents requires the giving of written notice, it will be attributable to termination. 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 B. CONTRACTOR shall not be paid on account of the corporation for whom it is intended, or if delivered at or loss of anticipated profits or revenue or other economic loss sent by registered or certified mail, postage prepaid, to the arising out of or resulting from such termination. last business address known to the giver of the notice. 15.04 CONTRACTOR May Stop Work or Terminate 17.02 Computation of Times A. If, through no act or fault of CONTRACTOR, the A. When any period of time is referred to in the Work is suspended for more than 90 consecutive days by Contract Documents by days, it will be computed to OWNER or under an order of court or other public exclude the first and include the last day of such period. If authority, or ENGINEER fails to act on any Application for the last day of any such period falls on a Saturday or Payment within 30 days after it is submitted, or OWNER Sunday or on a day made a legal holiday by the law of the General Conditions Page 00700-42 Packet Pg. 225 applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Docu- ments, will survive final payment, completion, and acceptance of the Work or termination or completion of the Agreement. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. General Conditions Page 00700-43 Packet Pg. 226  SECTION 00800 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. 1910-8, 1996 ed.) 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. The terms used in these Supplementary Conditions have the meanings assigned to them in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings indicated below, which are applicable to both the singular and plural thereof. SC-2.02 OWNER shall furnish to CONTRACTOR up to four (4) copies of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. SC-2.04 CONTRACTOR shall start to perform the Work on the date when the Contract Time commences to run, but no Work shall be done at the site prior to the Effective Date of the Agreement. SC-2.05.C The CONTRACTOR shall furnish the ENGINEER with five (5) copies of Certificates of Insurance on all required policies of insurance showing limits of liability as specified. All policies must provide thirty (30) days advance notice to the OWNER and ENGINEER in the event of cancellation, expiration or alteration. Each certificate shall be accompanied by a notarized statement itemizing each and every exclusion of the policy. All certificates shall be submitted with the Agreement for execution. SC-2.06 Within twenty (20) days after the Effective Date of the Agreement, a conference attended by CONTRACTOR, ENGINEER and others as appropriate may be held to establish a working understanding among the parties as to the work and to discuss the schedules referred to in paragraph 2.05.B of the General Conditions, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. SC-2.07 If requested by the OWNER or ENGINEER, at least ten (10) days before submission of the first Application for Payment a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.05.B of the General Conditions. CONTRACTOR shall have an additional ten (10) days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGINEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals. Repair & Paint Countryview & Bluewater Tanks (2014) 00800-1 Job No. 41-459 Packet Pg. 227 Contractors schedule of values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the contract price to component parts of the work. SC-3.01 In the event of a conflict between the various items which make up the Contract Documents, the following Hierarchy of Documents shall prevail: 1. Contract Change Orders 2. Addenda 3. Special Conditions 4. Agreement 5. Instructions To Bidders 6. Supplementary Conditions 7. General Conditions 8. Technical Specifications 9. Drawings. SC-4.02 When reports of subsurface explorations and tests at the project site are included in the Bidding Documents, the CONTRACTOR may rely upon the accuracy of the Technical Data contained in such reports as per paragraphs 4.02.B of the General Conditions. Information included in such reports which may be considered Technical Data are: The Boring Method, Plan and Logs, Level of Subsurface Water, Laboratory Test Methods and Results and Similar Factual Data, all as of the dates made. These reports are not part of the Contract Documents, but the Technical Data contained therein upon which the CONTRACTOR is entitled to rely as provided in G.C. 4.02 as identified above are incorporated therein by reference. SC-4.03, 4.04 The plans show certain features of the topography and certain underground utilities, but they do not purport to show in detail all such lines or obstructions. Such topography and notes on the plans were inserted from records available and are for the CONTRACTOR's convenience only, and shall not be used as basis for any claims of extra compensation. All pipes or other underground utilities shall be maintained in continuous service where possible and shall be properly protected and supported. In no case shall interruptions to utilities be allowed to exist outside of working hours. Prior to starting the work, the proper authorities of all utilities shall be notified by the Contractor and the Contractor shall cooperate in every way possible with these authorities. Whenever necessary to determine the location of existing pipes, valves or other underground structures, the CONTRACTOR shall examine all available records and shall make all explorations and excavations necessary for such purpose. SC-5.01 Add the following new paragraph immediately after paragraph 5.01.C of the General Conditions: Repair & Paint Countryview & Bluewater Tanks (2014) 00800-2 Job No. 41-459 Packet Pg. 228 D. Prior to commencing work, payment and performance bonds required by this contract shall be filed in the public records of the county where said is performed pursuant to the requirements of Title XVIII, Section 255.05, Florida Statutes. SC-5.04 Add the following new paragraph immediately after paragraph 5.04.B of the General Conditions: C. The limits of liability for the insurance required by paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Workers' Compensation and related coverages under paragraphs 5.04.A.1 and 5.04.A.2 of the General Conditions: a.) State: Statutory b.) Applicable Federal (e.g. Longshoreman's): Statutory c.) Employer’s Liability $1,000,000 2. CONTRACTOR's Liability Insurance under paragraphs 5.04.A.3 through A.6 of the General Conditions which shall also include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care custody and control of the CONTRACTOR: a.) General Aggregate (Except Products - Completed Operations) $2,000,000 b.) Products - Completed Operations Aggregate $2,000,000 c.) Personal and Advertising Injury (Per Person/Organization) $1,000,000 d.) Each Occurrence (Bodily Injury and Property Damage) $1,000,000 e.) Property Damage Liability Insurance will provide Explosion, Collapse and Underground coverages where applicable. f.) Excess Liability General Aggregate $2,000,000 Each Occurrence $2,000,000 3. Automobile Liability: a.) Bodily Injury: $1,000,000 Each Person $1,000,000 Each Accident b.) Property Damage: $500,000 Each Accident Repair & Paint Countryview & Bluewater Tanks (2014) 00800-3 Job No. 41-459 Packet Pg. 229  OR c.) Combined Single Limit (Bodily Injury and Property Damage): $2,000,000 Each Accident 4. In addition to the requirements of Paragraph 5.04.B.1 of the General Conditions concerning the naming of the Owner, Engineer, and Engineer's consultants as additional insureds under the CONTRACTOR's General Liability Policy. Also, the CONTRACTOR shall at his expense provide an OWNER's and CONTRACTOR's Protective Liability Policy issued in the name of the OWNER and ENGINEER covering the CONTRACTOR's obligations under Paragraph 5.04.B.4 of the General Conditions. Coverage shall be provided under this policy for not less than the following amounts: (1) Bodily Injury: $1,000,000 Each Occurrence (2) Property Damage: $1,000,000 Each Occurrence $1,000,000 Annual Aggregate SC-5.07 A. OWNER and CONTRACTOR intend that all policies purchased in accordance with paragraphs SC 5.06 will protect OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and all other persons or entities identified in the Supplementary Conditions to be listed as insured or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. OWNER and CONTRACTOR waive all rights against each other and their respective officers, directors, partners, employees, agents and other consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, ENGINEER, ENGINEER's Consultants and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by CONTRACTOR as trustee or otherwise payable under any policy so issued. B. In addition, OWNER waives all rights against CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and the officers, directors, partners, employees and agents and other consultants and subcontractors of each and any of them, for: 1. loss due to business interruption, loss of use or other consequential loss extending beyond direct physical loss or damage to OWNER's property or the Work caused by, arising out of or resulting from fire or other peril, whether or not insured by OWNER; and Repair & Paint Countryview & Bluewater Tanks (2014) 00800-4 Job No. 41-459 Packet Pg. 230 2. loss or damage to the completed Project or part thereof caused by, arising out of or resulting from fire or other insured peril covered by any property insurance maintained on the completed Project or part thereof by OWNER during partial utilization pursuant to paragraph 14.05, after substantial completion pursuant to paragraph 14.04 or after final payment pursuant to paragraph 14.07. C. Any insurance policy maintained by CONTRACTOR covering any loss, damage or consequential loss referred to in this paragraph SC 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage or consequential loss the insurers will have no rights of recovery against OWNER, Subcontractors, ENGINEER, ENGINEER's Consultants and the officers, directors, partners, employees, agents and other consultants and subcontractors of each and any of them. SC-6.06.B The CONTRACTOR, or apparent successful Bidder, shall identify Subcontractors, Suppliers, or other persons or organizations as follows: 1) Prior to the Effective Date of the Agreement, the apparent Successful Bidder shall within seven (7) days of the receipt of a Written Request from the OWNER or the ENGINEER identify Subcontractors, Suppliers, or others specifically requested. Should such identification be required, attention is directed to Article 12 of the Information For Bidders. 2) Within thirty (30) days following the Effective Date of the Agreement, all Subcontractors shall be identified. SC-6.06.C OWNER or ENGINEER may furnish to any such Subcontractor, Supplier or other individual or entity, to the extent practicable, information about amounts paid to CONTRACTOR on account of work performed for Contractor by a particular Subcontractor, supplier, or other individual or entity. SC-6.13 The following paragraphs shall apply in addition to the requirements in 6.13 of the General Conditions: CONTRACTOR agrees to waive any claim against OWNER and OWNER’s agents, architects, engineers, consultants, and their employees acting within the scope of their duties, and to defend, indemnify, and hold them harmless from any claim or liability for injury or loss that allegedly arises from CONTRACTOR’s performance of the work described herein. CONTRACTOR will require all SUBCONTRACTORS to conform with this provision before they start any work. CONTRACTOR shall insure this provision in conformity with the insurance provisions of this CONTRACT. Until final acceptance of the Work by the ENGINEER as evidenced by approval of the final estimate, the Work shall be in the custody and under the charge and care of the CONTRACTOR and he shall take every necessary precaution against injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from execution or from the non-execution of the Work, unless otherwise provided for elsewhere in the Specifications or Contract. The CONTRACTOR shall rebuild, repair, restore and make good, without extra compensation, all injuries or damages to any portion of the work occasioned by any of the above causes before its completion and acceptance, and shall bear the expenses thereof. In case of suspension of the Work from any cause whatever, the CONTRACTOR shall be responsible for all Repair & Paint Countryview & Bluewater Tanks (2014) 00800-5 Job No. 41-459 Packet Pg. 231 materials and equipment and shall properly store them if necessary and shall provide suitable shelter from damage and shall erect temporary structures where necessary. SC-11.03.C Paragraph 11.03.C of the General Conditions is hereby deleted in its entirety and the following is substituted in its place: "C. The unit price of an item of Unit Price Work shall be subject to reevaluation and adjustment under the following conditions: 1. If the total cost of a particular item of Unit Price Work amounts to five percent (5%) or more of the Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by Contractor differs by more than twenty-five percent (25%) from the estimated quantity of such item indicated in the Agreement; and 2. If there is no corresponding adjustment with respect to any other item of Work; and 3. If CONTRACTOR believes that it has incurred additional expense as a result thereof; or if OWNER believes that the quantity variation entitles it to an adjustment in the Unit Price, either OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 10 if the parties are unable to agree as to the effect of any such variations in the quantity of Unit Price Work performed." SC-13.03.B CONTRACTOR shall employ and pay for the services of an independent testing laboratory acceptable to the OWNER and the ENGINEER to perform all inspections, tests, or approvals required by the Contract Documents except: 1. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.04.B of the General Conditions shall be paid as provided in said paragraph 13.04.B; and 2. as otherwise specifically provided in the Contract Documents. 14.02.B.5 In addition to reasons listed in G.C. 14.02.B.5.a through 14.02.B.5.d, the ENGINEER may refuse to recommend the whole or any part of any payment to the CONTRACTOR because liability for liquidated damages has been incurred by the CONTRACTOR. S.C.-14.05.A Add the following new paragraph immediately after paragraph 14.05.A.1 which is to read as follows: 2. OWNER may at any time request CONTRACTOR in writing to permit OWNER to take over operation of any such part of the Work although it is not substantially complete. A copy of such request will be sent to ENGINEER and within a reasonable time thereafter OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion and will prepare a list of the items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writing to OWNER and ENGINEER that such part of the Work is not ready for separate operation by OWNER, ENGINEER will finalize the list of items to be completed or corrected and will deliver such lists to OWNER and CONTRACTOR together with a written Repair & Paint Countryview & Bluewater Tanks (2014) 00800-6 Job No. 41-459 Packet Pg. 232 recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance, warranties and guarantees for that part of the Work which will become binding upon OWNER and CONTRACTOR at the time when OWNER takes over such operation (unless they shall have otherwise agreed in writing and so informed ENGINEER). During such operation and prior to Substantial Completion of such part of the Work, OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work. SC-17.01 In addition to the provisions of paragraph 17.01 of the General Conditions, written Notice to the CONTRACTOR shall be deemed to have been given if delivered in person to the CONTRACTOR's authorized representative on the project site. END OF SECTION 00800 Repair & Paint Countryview & Bluewater Tanks (2014) 00800-7 Job No. 41-459 Packet Pg. 233  SECTION 01010 SUMMARY OF WORK PART 1 - GENERAL 1.1 WORK COVERED BY CONTRACT DOCUMENTS Work includes the repair, surface preparation and painting the 300,000 gallon Bluewater Tank and the 200,000 gallon Countryview Tank including erecting and maintaining a containment system. 1.2 WORK SEQUENCE Work sequence shall generally be determined by the contractor. However, each tank is in a separate service area and both may be taken out of service simultaneously. 1.3 CONTRACTOR'S USE OF PREMISES A. Contractor shall limit his use of the premises for work and for storage. B. Contractor shall coordinate use of premises under direction of Owner. C. Contractor shall assume full responsibility for the protection and safekeeping of products under this contract, stored on the site. D. Contractor shall move any stored products, under Contractor's control, which interfere with operations of the Owner. 1.4 OWNER OCCUPANCY Owner will occupy the premises during the entire period of construction for the conduct of his normal operations. Cooperate with Owner's Representative in all construction operations to minimize conflict, and to facilitate Owner usage. 1.5 SUBSTITUTION OF EQUIPMENT AND MATERIALS In the Plans and Specifications, certain equipment and materials are identified by manufacturer in order to establish the quality expected by the Owner and Engineer. Equipment of equal or better quality may be substituted for those named at the Contractor's option with the stipulations described below. If this equipment is subsequently Repair & Paint Countryview & Bluewater Tanks (2014) 01010 - 1 Job No. 41-459 Packet Pg. 234  disapproved, the Contractor shall resubmit until the equipment he proposes is approved. The Engineer shall be the final authority on equality. This substitution paragraph does not apply to those pieces of equipment identified by a manufacturer followed by the words "to match existing." Where equipment is identified by manufacturer, the first name appearing on the Plans is the name of the manufacturer around which the facility was designed. The second name is a manufacturer known to the Engineer to produce a similar piece of equipment of equal quality. As described above, the Contractor may choose to install another manufacturer's equipment. If the Contractor chooses to install any piece of equipment other than the first named, any modifications or additional components required to provide a complete and satisfactory installation shall be provided by the Contractor at no additional expense to the Owner. END OF SECTION 01010 Repair & Paint Countryview & Bluewater Tanks (2014) 01010 - 2 Job No. 41-459 Packet Pg. 235  SECTION 01060 REGULATORY REQUIREMENTS PART 1 - GENERAL 1.1 DESCRIPTION A. Permits and Responsibilities. The Contractor shall, without additional expense to the Owner, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable Federal, State and municipal laws, codes, ordinances and regulations, in connection with the prosecution of the Work. He shall take proper safety and health precautions to protect the Work, the workers, the public and the property of others. He shall also be responsible for all materials delivered and work performed until completion and acceptance of the Work, except for any completed unit of construction thereof which may heretofore have been accepted. END OF SECTION 01060 Repair & Paint Countryview & Bluewater Tanks (2014) Job No. 41-459 Packet Pg. 236  SECTION 1300 SUBMITTALS PART 1 - GENERAL 1.1 DESCRIPTION AND REQUIREMENTS A. Type of Submittals. This Section of the Specifications describes the procedures for submittals of Schedule of Submittals, Schedule of Construction, Insurance Certificates, List of Subcontractors, Anticipated Payment Schedules, Shop Drawings, Product Data, Samples, and miscellaneous work-related submittals. B. Related Work Specified Elsewhere: 1. Definitions and Additional Responsibilities of Parties: a. Section 00700: General Conditions b. Section 00800: Supplementary Conditions. C. Submittal Contents. The submittal contents required are specified in each section and in this specification. D. Definitions. Submittals are categorized as follows: 1. Shop Drawings: a. Shop drawings shall include technical data, drawings, diagrams, performance curves, schedules, templates, patterns, reports, calculations, instructions, measurements and similar information as applicable to the specific item for which the shop drawing is prepared. b. Provide newly-prepared information, on reproducible sheets, with graphic information at accurate scale (except as otherwise indicated) or appropriate number of prints hereof, with name of preparer (firm name) indicated. The Contract Drawings shall not be traced or reproduced by any method for use as or in lieu of detail shop drawings. Show dimensions and note which are based on field measurement. Identify materials and products in the work shown. Indicate compliance with standards and special coordination requirements. Do not allow shop drawing copies without appropriate final "Action" markings by the Engineer to be used in connection with the Work. 2. Product Data: a. Product data includes standard printed information on materials, products and systems, not specially prepared for this project, other than the designation of selections from among available choices printed therein. b. Collect required data into one submittal for each unit of work or system, and clearly mark each copy to show which choices and options are applicable to Repair & Paint Countryview & Bluewater Tanks (2014) 01300-1 Job No. 41-459 Packet Pg. 237  project. Include manufacturer's standard printed recommendations for application and use, compliance with standards, application of labels and seals, notation of field measurements which have been checked, and special coordination requirements. c. Show all performance characteristics, capacities, clearances required, and wiring or piping diagrams. Supplement standard information to provide all information specifically applicable to work. 3. Samples: a. Samples include both fabricated and unfabricated physical examples of materials, products and units of work, both as complete units and as smaller portions of units of work, either for limited visual inspection or (where indicated) for more detailed testing and analysis. b. Provide units identical with final condition of proposed materials or products for the work. Include "range" samples (not less than three (3) units) where unavoidable variations must be expected, and describe or identify variations between units of each set. Provide full set of optional samples where the Engineer's selection is required. Prepare samples to match the Engineer's sample where indicated. Include information with each sample to show generic description, source or product name and manufacturer, limitations, and compliance with standards. Samples are submitted for review and confirmation of "kind" by the Engineer. Engineer will not "test" samples (expect as otherwise indicated) for other requirements, which are the exclusive responsibility of the Contractor. c. Samples shall be of sufficient size to clearly indicate functional characteristics of the products and full range of color, texture, and pattern. 4. Miscellaneous submittals related directly to the work (non-administrative) include warranties, maintenance agreements, workmanship bonds, project photographs, survey data and reports, physical work records, statements of applicability, quality testing and certifying reports, copies of industry standards, record drawings, field measurement data, operating and maintenance materials, and similar information, devices and materials applicable to the Work but not processed as shop drawings, product data or samples. E. List of Required Submittals: No. Description Section No. 1. List of Subcontractors 00100 2. Insurance Certificates 00700 3. Schedule of Construction 00700 5. Anticipated Payment Schedules 00700 6. Advertisement of Completion (Affidavit) 00800 7. Contractor’s Release of Liens 00800 1.2 GENERAL SUBMITTAL REQUIREMENTS Repair & Paint Countryview & Bluewater Tanks (2014) 01300-2 Job No. 41-459 Packet Pg. 238  A. Scheduling. Where appropriate in various required administrative submittals (listings of products, manufacturers, supplier and subcontractors, and in job progress schedule), show principle work-related submittal requirements and time schedules for coordination and integration of submittal activity with related work in each instance. B. Coordination of Submittal Times. Prepare and transmit each submittal to the Engineer sufficiently in advance of performing related work or other applicable activities, so the installation will not be delayed or improperly sequenced by processing times, including non-approval and resubmittal (if required). Coordinate with other submittals, testing, purchasing, delivery and similar sequenced activities. No extension of time will be authorized because of Contractor's failure to transmit submittals to the Engineer sufficiently in advance of the work. C. Sequencing Requirements. As applicable in each instance, do not proceed with a unit of work until submittal procedures have been sequenced with related units of work, in a manner which will ensure that the action will not need to be later modified or rescinded by reason of a subsequent submittal which should have been processed earlier or concurrently for coordination. D. Preparation of Submittals. Provide permanent marking on each submittal to identify project, date, Contractor, subcontractor, submittal name and similar information to distinguish it from other submittals. Show Contractor's executed review and approval marking and provide space for the Engineer's "Action" marking. Package each submittal appropriately for transmittal and handling. Submittals which are received from sources other than through the Contractor's office will be returned "without action". E. Transmittal Identification. 1. Number transmittals in sequence for each Division of the Specifications. The number before the dash indicates the Section of the Specifications, and the number after the dash is the sequence number of the transmittal (15140-1 would be the first transmittal applicable to Section 15140 of the Specifications. 15140-2 would be the second transmittal for Section 15140, etc.). 2. Identify resubmittals with a letter of the alphabet following the original number, using A for the first resubmittal, B for the second resubmittal, etc. A resubmittal affecting transmittal 15140-1 would then be numbered 15140-1A. The 15140-1 would then be entered in the space "Previous Transmittal Number", which is left blank except on resubmittals. 1.3 SPECIFIC CATEGORY REQUIREMENTS A. General. Except as otherwise indicated in the individual work sections, comply with general requirements specified herein for each indicated category of submittal. Repair & Paint Countryview & Bluewater Tanks (2014) 01300-3 Job No. 41-459 Packet Pg. 239  1. Submittals shall be accompanied by a cover sheet which shall contain: a. The date of submission and the dates of any previous submissions. b. The Project title and number. c. Date. d. Contract No. e. The names of the: 1) Contractor 2) Supplier 3) Manufacturer f. Identification of the product, with the Specification Section number. g. A list of all the sheets included in the submittal. h. Field dimensions, clearly identified as such. i. Relation to adjacent or critical features of the work or materials. j. Applicable standards, such as ASTM or Federal Specification numbers. k. Notification to the Engineer in writing, at time of submission, of any deviations on the submittals from requirements of the Contract Documents. l. Identification of revisions on resubmittals. m. An 8" x 3" blank space for Contractor and Engineer stamps. n. Contractor's stamp, initialed or signed, certifying to review of submittal, verification of products, field measurements and field construction criteria, and coordination of the information within the submittal with requirements of the Work and of Contract Documents. o. Submittal sheets or drawings showing more than the particular item under consideration shall have all but the pertinent description of the item for which review is requested crossed out. 1.4 CONTRACTOR RESPONSIBILITIES A. In addition to any other requirements of this section, the Contractor shall be responsible to: 1. Review shop drawings, product data and samples prior to submission. 2. Determine and verify: a. Field measurements. b. Field construction criteria and required clearances. c. Catalog numbers and similar data. d. Conformance with specifications. 3. Coordinate each submittal with requirements of the work and of the Contract Documents. 4. Notify the Engineer in writing, at time of submission, of any deviations in the submittals from requirements of the Contract Documents. 5. Begin no fabrication or work which requires submittals until return of submittals with Engineer approval. Repair & Paint Countryview & Bluewater Tanks (2014) 01300-4 Job No. 41-459 Packet Pg. 240 1.5 ROUTING OF SUBMITTALS A. Submittals and routine correspondence shall be routed as follows: 1. Supplier to Contractor (through representative if applicable) for detailed review. 2. Contractor to Consulting Engineer for review or comment. 3. Consulting Engineer to Contractor. 4. Contractor to Field Office and Supplier. 1.6 SUBMITTAL COPIES REQUIRED A. Shop Drawings, Product Data, and Miscellaneous Submittals. All released submittals will be distributed as follows: 1. For Polyengineering, Inc. 2 copies 2. For Owner 2 copies 3. For Contractor 3 copies TOTAL 7 copies B. To the above number may be added additional copies as required by the Contractor. C. The Engineer will mark all copies of each shop drawing. One will be retained in the Engineer's office, one sent to the Field Inspection office, one will be retained for the Owner and the remaining copies sent to the Contractor for his records and distribution. D. For non-approval items, such as parts lists, five (5) copies are required, unless specified otherwise: 1. For Polyengineering, Inc. File 2 copies 2. For Owner Plant Maintenance Division File 2 copies 3. For Owner Operating Division File 1 copy TOTAL 5 copies E. Samples: 1. Submittal. At Contractor's option, provide preliminary submittal of a single set of samples for the Engineer's review and "action." Otherwise, initial submittal is final submittal unless returned with "action" which requires resubmittal. Submit two (2) sets of samples in final submittal; one set will be returned. 2. Quality Control Set. Maintain returned final set of samples at project site, in suitable condition and available for quality control comparisons by Engineer and by others. 1.7 REVIEW OF SUBMITTALS Repair & Paint Countryview & Bluewater Tanks (2014) 01300-5 Job No. 41-459 Packet Pg. 241  A. Review Time. Allow a minimum of two (2) weeks for the Engineer's initial processing of each submittal requiring review and response, except allow longer periods where processing must be delayed for coordination with subsequent submittals or when a sufficiently large number of submittals are sent during a short period. The Engineer will advise the Contractor promptly when it is determined that a submittal being processed must be delayed. Allow two weeks for reprocessing each submittal. Advise the Engineer on each submittal as to whether processing time is critical to progress of the work, and therefore the work would be expedited if processing time could be foreshortened. B. Engineer's Action. 1. Final Unrestricted Release. Work may proceed, provided it complies with contract documents, when submittal is returned with the following: a. Marking: "A" - No Exceptions Taken. 2. Final-But-Restricted Release. Work may proceed, provided it complies with notations and corrections on submittal and with contract documents, when submittal is returned with the following: a. Marking: "B" - Exceptions Taken as Noted. 3. Returned for Resubmittal. Do not proceed with Work. Revise submittal in accordance with notations thereon, and resubmit without delay to obtain a different action marking. Do not allow submittals with the following marking (or unmarked submittals where a marking is required) to be used in connection with performance of the work. a. Marking: "C" - Revise and resubmit. b. Marking: "D" - Rejected - Does Not Comply with Project Requirements. 4. Only three (3) copies of items marked "C" or "D" will be reviewed and marked. One copy will be retained in the Polyengineering, Inc. office, one copy will be sent to the Polyengineering, Inc. field office, and the other copy with all remaining unmarked copies will be returned to the contractor for resubmittal. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) END OF SECTION 01300 Repair & Paint Countryview & Bluewater Tanks (2014) 01300-6 Job No. 41-459 Packet Pg. 242  SECTION 01700 CONTRACT CLOSEOUT PART 1 - GENERAL 1.1 DESCRIPTION A. Comply with requirements stated in General, Supplemental and Special Conditions and in Specifications for administrative procedures in closing out the work. B. Related requirements in other parts of the Project Manual: (1) Fiscal provisions, legal submittals and additional administrative requirements: General, Supplementary, and Special Conditions. C. Related requirements specified in other sections: (1) Section 01711: Cleanup 1.2 SUBSTANTIAL COMPLETION A. When Contractor considers the work is substantially complete, he shall submit to Engineer: (1) A written notice that the work, or designated portion thereof, is substantially complete. (2) A list of items to be completed or corrected. B. Within a reasonable time after receipt of such notice, Engineer will make an inspection to determine the status of completion. C. Should Engineer determine that the work is not substantially complete: (1) Engineer will promptly notify the Contractor in writing, giving the reasons therefor. (2) Contractor shall remedy the deficiencies in the work, and send a second written notice of substantial completion to the Engineer. (3) Engineer will reinspect the work. D. When Engineer finds that the work is substantially complete, he will: Repair & Paint Countryview & Bluewater Tanks (2014) 01700-1 Job No. 41-459 Packet Pg. 243  (1) Prepare and deliver to Owner a tentative letter of Substantial Completion with a tentative list of items to be completed or corrected before final payment. (2) After consideration of any objections made by the Owner as provided in General, Supplemental and Special Conditions, and when Engineer considers the work substantially complete, he will execute and deliver to the Owner and the Contractor a definite Letter of Substantial Completion with a revised tentative list of items to be completed or corrected. 1.3 FINAL INSPECTION A. When Contractor considers the work is complete, he shall submit written certification that: (1) Contract Documents have been reviewed. (2) Work has been inspected for compliance with Contract Documents. (3) Work has been completed in accordance with Contract Documents. (4) Equipment and systems have been tested in the presence of the Owner's representative and are operational. (5) Work is completed and ready for final inspection. B. Engineer will make an inspection to verify the status of completion with reasonable promptness after receipt of such certification. C. Should Engineer consider that the work is incomplete or defective: (1) Engineer will promptly notify the Contractor in writing, listing the incomplete or defective work. (2) Contractor shall take immediate steps to remedy the stated deficiencies, and send a second written certification to Engineer that the work is complete. (3) Engineer will reinspect the work. D. When the Engineer finds that the work is acceptable under the Contract Documents, he shall request the Contractor to make closeout submittals and begin project Advertisement of Completion. 1.4 REINSPECTION FEES A. Should the Engineer perform reinspections due to failure of the work to comply Repair & Paint Countryview & Bluewater Tanks (2014) 01700-2 Job No. 41-459 Packet Pg. 244  with the claims of status of completion made by the Contractor: (1) Owner will compensate Engineer for such additional services. (2) Owner will deduct the amount of such compensation from the final payment to the Contractor. 1.5 CONTRACTOR'S CLOSEOUT SUBMITTALS TO ENGINEER A. Section 01720: Project Record Documents B. Warranties and Bonds as required, including a letter from the Surety Company giving consent of final payment and assuring the Owner that the Performance and Payment Bonds will remain in effect for at least one (1) year from the date final payment to the Contractor becomes due. C. Spare Parts and Maintenance Materials as required. D. Release of Liens - A certified letter from the Contractor to release and discharge the Owner, its officers, agents and employees of and from all liabilities, obligations, and claims under or arising out of said contract. E. Completed Operations Insurance -Contractor shall provide a signed statement agreeing to continue Commercial General Liability including Completed Operations and Product Liability coverage for two years following acceptance of project. Contractor will attach a Certificate of Insurance as evidence of such insurance and will provide Certificates in the future until the two-year period expires. F. Contractor's Advertisement of Completion - The Contractor immediately after being notified by the Engineer that all other requirements of his contract have been completed shall give notice of said completion by an advertisement for a period of 4 successive weeks in the Northwest Florida Daily News. Proof of publication of said notice shall be made by the Contractor to the Owner, by affidavit of the publisher and a printed copy of the published notice. 1.6 FINAL ADJUSTMENT OF ACCOUNTS A. Submit a final settlement of accounting to Engineer. B. Statement shall reflect all adjustments to the Contract Sum: (1) The Original Contract Sum. (2) Additions and deductions resulting from: (a) Previous Change Orders Repair & Paint Countryview & Bluewater Tanks (2014) 01700-3 Job No. 41-459 Packet Pg. 245  (b) Unit Prices (c) Deductions for uncorrected work (d) Penalties and Bonuses (e) Deductions for liquidated damages (f) Deductions for reinspection payments (g) Other adjustments (3) Total Contract Sum, as adjusted. (4) Previous Payments (5) Sum remaining due C. Engineer will prepare a final change order, reflecting approval adjustments to the Contract Sum which were not previously made by Change Orders. 1.7 FINAL APPLICATION FOR PAYMENT Contractor shall submit the final Application for Payment in accordance with procedures and requirements stated in the Conditions of the Contract. Included in the Final Application For Payment shall be the affidavit of the Advertisement For Completion, Release of Liens, Proof of Completed Operations Insurance and Assurance Letter from Surety Company as outlined in Section 1.5 (A-F) above. Repair & Paint Countryview & Bluewater Tanks (2014) 01700-4 Job No. 41-459 Packet Pg. 246  ADVERTISEMENT OF COMPLETION (Contractor) (Address) give notice of completion of (Project) and sets as the date of final settlement. All persons and firms should file all claims for payment to the below address prior to the settlement date: Okaloosa Board of County Commissioners, (Owner) c/o Polyengineering, Inc. P. O. Box 841 Shalimar, FL 32579 By: (Name) (Title) Leg: (Publication Dates) Repair & Paint Countryview & Bluewater Tanks (2014) 01700-5 Job No. 41-459 Packet Pg. 247  CONTRACTOR'S RELEASE OF LIENS STATE OF: COUNTY OF: Before me, the undersigned Notary Public in and for the said County and State personally appeared , representing the Contractor, , who being duly sworn according to law deposes and says that all labor, materials, and outstanding claims and indebtedness of whatever nature arising out of the performance of the Contract with Board of County Commissioners, Okaloosa County, FL, the Owner, for , Contract No. have been paid in full and that for the final payment in the amount of $ , the Contractor releases and discharges the Owner and his authorized representatives from any liens or claims of any nature because of or arising from this contract and/or its performance, which it has had, has or may have in the future. By: Sworn to and subscribed before me this day of . (Notary Public) My Commission expires Repair & Paint Countryview & Bluewater Tanks (2014) 01700-6 Job No. 41-459 Packet Pg. 248 [Date] Polyengineering, Inc PO Box 841 Shalimar, FL 32579 Reference: [Project Name] Dear [Engineer] , As required in the contract specifications, upon expiration of our current Certificate of Insurance, an additional copy will forwarded to you for your records. [Contractors Name] will maintain our insurance coverage in excess of two (2) years from completion. If you have questions or require additional information, please do not hesitate to call. END OF SECTION 01700 Repair & Paint Countryview & Bluewater Tanks (2014) 01700-7 Job No. 41-459 Packet Pg. 249  SECTION 01711 CLEANUP 1.1 GENERAL This section covers the general cleaning which the Contractor shall be required to perform both during construction and before final acceptance of the project unless otherwise shown on the Drawings or specified elsewhere in these Specifications. 1.2 HAZARD CONTROL A. The Contractor shall prevent accumulation of wastes which create hazardous conditions. B. Burning or burying rubbish and waste materials on the site shall not be allowed. C. Disposal of volatile wastes into sanitary or storm sewers shall not be allowed. 1.3 DISPOSAL OF SURPLUS MATERIALS A. Unless otherwise shown on the Drawings, specified or directed, the Contractor shall dispose of all surplus excavated materials and equipment from demolition, legally off the site, and shall provide his own suitable, off-site spoil area, or on a site designated by the Owner. 1.4 FINAL CLEANING The Contractor shall: A. Remove from the site all plant, material, tools and equipment belonging to him, and leave the site with an appearance acceptable to the Engineer. B. The Contractor shall thoroughly clean all equipment materials installed by him and shall deliver over such materials and equipment in a bright, clean, polished and new-appearing condition. C. Restoration of Landscape Damage. Any landscape feature scarred or damaged by the Contractor's equipment or operations shall be restored as nearly as possible to its original condition at the Contractor's expense. The Engineer will decide what method of restoration shall be used. Repair & Paint Countryview & Bluewater Tanks (2014) 01711-1 Job No. 41-459 Packet Pg. 250  D. Post-Construction Cleanup or Obliteration. The Contractor shall obliterate all signs of temporary construction facilities such as haul roads, work areas, structures, stockpiles of excess or waste materials, or any other vestiges of construction, as directed by the Engineer. END OF SECTION 01711 Repair & Paint Countryview & Bluewater Tanks (2014) 01711-2 Job No. 41-459 Packet Pg. 251  SECTION 01740 WARRANTIES AND BONDS PART 1 - GENERAL 1.1 PROJECT MAINTENANCE AND WARRANTY A. Maintain and keep in good repair the improvements covered by these Drawings and Specifications during the life of the Contract. B. Indemnify the Owner against any repairs which may become necessary to any part of the work performed and to items of equipment and systems procured for or furnished under this Contract, arising from defective workmanship or materials used therein, for a period of five (5) years after acceptance from the final date of final resolution of the Owner accepting work. C. The Contractor shall not be obligated to make replacements which become necessary because of ordinary wear and tear, or as a result of improper operation or maintenance, or as a result of improper work or damage by another Contractor or the Owner, or to perform any work which is normally performed by a maintenance crew during operation. D. In the event of multiple failures of major consequences prior to the expiration of the five-year warranty described above, the affected unit shall be disassembled, inspected, and modified or replaced as necessary to prevent further occurrences. All related components which may have been damaged or rendered non- serviceable as a consequence of the failure shall be replaced. As used herein, multiple failures shall be interpreted to mean two (2) or more successive failures of the same kind in the same item or failures of the same kind in two (2) or more items. Major failures may include, but are not limited to, cracked or broken housings, piping, or vessels, excessive deflections, bent or broken shafts, broken or chipped gear teeth, premature bearing failure, excessive wear, or excessive leakage around seals. Failures which are directly and clearly traceable to operator abuse, such as operations in conflict with published operating procedures, or improper maintenance, such as substitution of unauthorized replacement parts, use of incorrect lubricants or chemicals, flagrant over- or under-lubrication, and using maintenance procedures not conforming with published maintenance instructions, shall be exempted from the scope of the one-year warranty. Should multiple failures occur in a given time, all products of the same size and type shall be disassembled, inspected, modified or replaced, as necessary and rewarranted for one year. E. The Contractor shall, at his own expense, furnish all labor, materials, tools and equipment required and shall make such repairs and removals or shall perform Repair & Paint Countryview & Bluewater Tanks (2014) 01740-1 Job No. 41-459 Packet Pg. 252  such work or reconstruction as may be made necessary by any structural or functional defect or failure resulting from neglect, faulty workmanship or faulty materials, in any part of the Work performed by him. Such repair shall also include refilling of trenches, excavations or embankments which show settlement or erosion after backfilling or placement. F. Except as noted on the Drawings or as specified, all structures such as embankments and fences shall be returned to their original condition prior to the completion of the Contract. Any and all damage to any facility not designated for removal, resulting from the Contractor's operations, shall be promptly repaired by the Contractor at no cost to the Owner. G. In the event the Contractor fails to proceed to remedy the defects of which he has been notified within fifteen (15) days of the date of such notice, the Owner reserves the right to cause the required materials to be procured and the work to be done, as described in the Drawings and Specifications, and to hold the Contractor and the sureties on his bond liable for the cost and expense thereof. I. Notice to Contractor for repairs and reconstruction will be made in the form of a registered letter addressed to the Contractor at his home office. J. Neither the foregoing paragraphs nor any provision in the Contract Documents, nor any special guarantee time limit implies any limitation of the Contractor's liability with the law of the place of construction. END OF SECTION 01740 Repair & Paint Countryview & Bluewater Tanks (2014) 01740-2 Job No. 41-459 Packet Pg. 253  SECTION 09870 REPAIRING AND REPAINTING WATER TANKS PART 1 - GENERAL 1.1 SECTION INCLUDES Blasting, cleaning, repairing, and painting the Countryview and Bluewater Water Storage Tanks. 1.2 RELATED SECTIONS Section 01300 - Submittals 1.3 PROJECT CONDITIONS A General Arrangement Drawings and Site Plans (See Appendix) of the two tanks to be painted are included for the Contractor’s convenience and is intended to depict the tanks’ dimensions. This information should be correlated with field observations prior to submitting a bid. 1.4 SUBMITTALS A. Work Schedule With the following minimum information prepared for the Northgate Tank work site: 1. Mobilization and rigging 2. Begin repairs 3. Complete repairs 4. Blast and paint wet surfaces 5. Blast and paint exterior surfaces 6. Disinfection 7. Clean-up and Demobilization. B. Supplier, type and size of abrasive to be used with Material Safety Data Sheets (MSDS). C. Material Safety Data Sheets (MSDS) for all coatings, sealers and chemicals used and Certificate of Compliance with ANSI/NSF Standard 61 for all coatings and sealers in contact with potable water. Repair & Paint 009870 - 1 Countryview & Bluewater Tanks (2014) Job No. 41-459 Packet Pg. 254  D. Description of proposed method of containing the cleaning debris and paint droplets. E. Descriptive written plan concerning how abrasive and/or paint damage to automobile, boats and property will be handled, including a process for quick removal of the abrasive or paint. F. Evidence or documentation submitted to verify that the employees have had sufficient training and experience in industrial painting, safety practices, worker protection, environmental monitoring, and waste handling procedures to adequately perform the responsibilities contained in these specifications G. Welder’s certification papers 1.5 QUALITY ASSURANCE A. Applicable Standards 1. Welding a. All design and welding shall be done in accordance with AWWA D100-05, Standard for Welded Steel Tanks for Water Storage. Where tolerances and stresses are not limited by the AWWA Standard, the applicable sections of the July 1993 revision of the American Petroleum Institute (API) Standard 650 shall apply. b. All welders and welding operators shall be certified to the procedures and processes required to accomplish the work. 2. Repairs, Surface Preparation, and Painting a. Repairs shall be made in accordance with American Water Works Association Standard (AWWA) D101-97 and applicable section of AWWA D100-96. b. All blasting and painting operations shall be completed in accordance with the requirements of the Steel Structures Painting Council (SSPC) Volume 1 and Volume 2, including Commentary Sections and Appendices; AWWA C652-92; the NSF International Standard 61, "Drinking Water System Components - Health Effects"; the paint manufacturer's published product data; and these Specifications. c. The SSPC "Visual for Abrasive Blast Cleaned Steel" SSPC-VIS 1-89 and the SSPC "Visual Standard for Power and Hand-Tool Cleaned Steel" SSPC-VIS 3-93 shall also be used taking into account staining from previous paint applications. d. Coatings shall be in accordance with AWWA D102-11, Coating Steel Water- Storage Tanks. e. All coatings shall be acceptable to the controlling state, federal, and/or local health and environmental regulatory agencies. Repair & Paint 009870 - 2 Countryview & Bluewater Tanks (2014) Job No. 41-459 Packet Pg. 255  f. All interior coating materials, solvents, and other additives shall comply with the ANSI/NSF Standard 61 "Drinking Water System Components - Health Effects." g. Paints which contain more than 0.06% by weight of lead (or any lead compounds) shall not be used. The CONTRACTOR shall submit documentation from the coating manufacturer stating that their paints are in compliance with this requirement in addition to other requirements of these Specifications. h. Where the foregoing standards, recommendations and specifications are conflicting, the ENGINEER shall be notified of the conflicts. Manufacturer's published product data shall be adhered to unless changed in writing by the manufacturer. 3. Other a. ANSI Z49.1, "Safety in Welding and Cutting" b. OSHA Regulations, 29 CFR 1910.146: Permit - Required confined spaces c. AWWA C652-92, Disinfection of Water Storage Facilities d. SSPC Guide 6, Guide for Containing Debris Generated During Paint Removal Operations 1.6 SUPERVISOR A. The CONTRACTOR shall provide a competent superintendent, satisfactory to the OWNER, for the Work at all times during working hours with full authority to act for him/her. B. The CONTRACTOR shall also provide an adequate staff for the proper coordination and expedition of his/her Work. Should, in the opinion of the OWNER, any language barrier exist between the on-site superintendent and the OWNER or ENGINEER, the CONTRACTOR shall employ a qualified full-time interpreter or provide a new on-site superintendent at no additional cost to the OWNER. 1.7 SAFETY REQUIREMENTS A. The CONTRACTOR shall comply with all applicable requirements of the Occupational Safety and Health Act of 1970 (Public Law 91-596) and will hold the OWNER and ENGINEER harmless from any civil or criminal penalties imposed as a result of the CONTRACTOR'S noncompliance with such requirements. No additional compensations for changes in the laws, regulations, or the interpretation thereof shall be granted by the OWNER. B. The CONTRACTOR shall comply with and have documented Confined Entry Space Repair & Paint 009870 - 3 Countryview & Bluewater Tanks (2014) Job No. 41-459 Packet Pg. 256  Procedures available at the tank site at all times as required by OSHA 29 CFR 1910.146. The CONTRACTOR shall also comply with any state and/or local requirements which are more restrictive than the federal requirements. C. The CONTRACTOR shall provide adequate worker protection when welding and flame cutting as required by ANSI Z49.1, “Safety in Welding and Cutting”. All rigging attachments present on the tank shall be carefully evaluated by the CONTRACTOR immediately prior to use for the type and magnitude of loads which CONTRACTOR intends to impose on them. The CONTRACTOR assumes all responsibility for use of any existing or added attachments. 1.8 WASTE DISPOSAL A. Waste material generated by abrasive blasting operations is a solid waste and shall be handled in the following order: 1. Contained 2. Collected 3. Stored 4. Evaluated 5. Properly disposed B. Compliance with local, state, and federal regulations concerning emissions, transportation or disposal of solid, particulate, liquid, or gaseous matter as a result of the cleaning, painting, or other operations under this Agreement shall be the responsibility of the CONTRACTOR. This compliance shall be accomplished without supervision from the OWNER, ENGINEER, or other direct or indirect agents of the OWNER. No additional compensations for changes in the laws, regulations, or other interpretation thereof shall be granted by the OWNER. C. No burning of trash (including abrasive bags or other paper or wood products) on the site shall be permitted. D. All shielding, abrasive retrieval, or other methods of using precautions required by the regulating agencies shall also be accomplished at no additional cost to the OWNER unless otherwise provided herein. Any fines imposed on the OWNER or ENGINEER by any regulatory agency as a result of the CONTRACTOR'S noncompliance with environmental or nuisance regulations shall be paid or reimbursed by the CONTRACTOR. E. Debris Collection: 1. All debris collected by this operation, removed from equipment or filters, or that has fallen to the ground shall be collected and stored at the tank site for testing, Repair & Paint 009870 - 4 Countryview & Bluewater Tanks (2014) Job No. 41-459 Packet Pg. 257  evaluation and ultimate disposal. 1. A centralized cleaning station for recyclable steel grit shall be set up at a location mutually agreed upon by the OWNER, CONTRACTOR and ENGINEER. 2. Storage for debris shall be in covered steel containers. Containers shall be parked, secured and stored on wooden 6" x 6" timbers so containers are NOT in contact with the ground. 3. Chain of Custody: a. Follow all local, state and federal regulations b. A Chain of Custody Form must accompany all composite samples. Included in this document shall be the name of the person taking the sample, the Company for which he works, the date and time which the sample was taken, the tank from which it was taken, the Township and Municipality where the tank is located and signatures of all persons involved in the Chain of Custody, including dates possessed and relinquished. F. Hazardous Waste - Sampling and Testing: 1. The Contractor shall hire a Florida state licensed disposal company to collect at least four (4) random representative samples of the paint debris from each container in accordance with USEPA and/or local regulations in the presence of the Engineer and the Contractor. a. Each separate sample shall contain at least 100 grams (approximately one cup) and shall be transported to an approved testing laboratory in accordance with all laws and regulations. The purpose of gathering these samples is to perform on each sample all necessary testing, such as Toxicity Characteristic Leaching Procedure Testing (TCLP Testing), or subsequent testing required by the Resource Conservation and Recovery Act (RCRA) or local and state regulations, to determine proper treatment and/or disposal requirements. b. All testing required by regulations or by the selected waste hauler or landfill, including any follow-up testing and the collection of the samples, shall be done at the Contractor’s expense. c. The number of samples from each container will be determined by the degree of variation of the results of the four (4) initial samples. d. Copies of all manifests, testing results and treatment procedure documents shall be sent to the Engineer and Owner. e. Should the results of the random testing of the contents of a container determine that the removed paint material does not constitute a hazardous material, the material shall be legally disposed of by the Contractor in accordance with local, state and federal laws. f. The Contractor shall be responsible for removing and properly transporting all the material from the project site. The material shall be transported in containers approved by the USEPA and local, state and federal regulations. g. The contract Base Bid shall include the cost of the transporting of the removed paint material to a non-hazardous waste landfill or other stipulated landfill and any disposal costs at that facility. Repair & Paint 009870 - 5 Countryview & Bluewater Tanks (2014) Job No. 41-459 Packet Pg. 258  h. Should the results of the random testing of the contents of a container determine that the removed paint material does in fact constitute a hazardous material, the material must either be: 1) treated by an approved method to reduce the leachable concentration levels to below the regulatory limits and disposed of in accordance with all local and/or state regulations; or 2) recycled and used as a raw material in a product approved by the appropriate regulatory agencies; and disposed of in a hazardous waste landfill. Disposal, treatment or recycling of the material shall be in strict accordance with the federal, state and local laws including, but not limited to RCRA, Toxic Substance Control Act (TSCA), Hazardous Materials Transportation Act (HMTA), USEPA and Florida Department of Environmental Protection (FDEP) regulations. i. All costs associated with the recycling, or treatment or disposal in an approved recycling or hazardous waste facility shall be paid for by the Owner. The hauler shall obtain the necessary insurance and the necessary permits for transportation and shall provide evidence of such to the Engineer and Owner. j. If the sample material obtained and tested as described above is determined to be a hazardous material according to the TCLP testing or subsequent testing required by RCRA, the Contractor shall delete the standard disposal for the removed paint residue from the Base Bid. 1) Included under this item is the furnishing of all materials, equipment, tools, utilities, labor, and supervision necessary for the completion of the work contained in this item in accordance with the drawings and specifications. The item generally includes the recycling, or treatment and transporting and deposition of all hazardous removed paint material in an approved recycling facility or disposal site, including obtaining all the necessary insurance and the necessary permits for transportation and providing evidence of such to the Engineer and Owner. 2) Transportation: a) All material classified as hazardous, as determined by the aforementioned TCLP Testing or subsequent testing required by RCRA, shall be transported to an approved recycling facility or hazardous waste landfill. b) The hauler shall obtain the necessary insurance and the necessary permits for transportation and shall provide evidence of such to the additional insureds listed elsewhere in this Specification. c) The transporter shall submit copies of his/her "Spill Contingency Plan" to the Engineer and Owner prior to transporting any Repair & Paint 009870 - 6 Countryview & Bluewater Tanks (2014) Job No. 41-459 Packet Pg. 259  material from the site. The "Spill Contingency Plan" shall detail how spills or leaks which occur during transport shall be dealt with. d) The hauler shall have or shall obtain an identification number from the USEPA, the Florida Department of Environmental Protection (FDEP) and all other applicable state and local licenses and permits. e) All containers and the labeling of the containers shall adhere to the U.S. Department of Transportation's regulations (49 CFR Part 172) and the HMTA. G. Disposal of Material: 1. All material classified as hazardous, as determined by the aforementioned TCLP testing or subsequent testing required by RCRA, shall be transported to: a. An approved recycling facility, or b. An approved treatment facility to reduce the leachable concentration levels to below the allowable regulatory limits and disposed in a local and/or state approved waste landfill. 2. All transporting, recycling, treatment, and disposal shall be in strict accordance with federal and state laws including but not limited to RCRA, TSCA, HMTA, the USEPA and the FDEP regulations. a. The name of the recycling, treatment and/or disposal facility shall be submitted to the Engineer and Owner for approval prior to removing any material from the project site. b. The disposal or recycling facility shall have or shall obtain an identification number from the USEPA, the Florida Department of Environmental Protection (FDEP) and all other applicable state and local licenses and permits. c. The Contractor shall be responsible for obtaining the proper signatures of the hauler and designated receiving facility on the "manifest" form. d. Payment will not be released for this item until this documentation has been received by the Owner. 3. Payment : a. All costs associated with the transporting, recycling of the material or treatment, and disposal of the material in an approved hazardous waste facility shall be paid for by the Owner. The Contractor shall still keep the exterior and interior removed paint debris separate from each other and shall store the debris in separate leak-proof covered containers. b. Within 20 days of the Owner contacting the Contractor, the Owner shall furnish and deliver to the site containers for transporting the hazardous material. Repair & Paint 009870 - 7 Countryview & Bluewater Tanks (2014) Job No. 41-459 Packet Pg. 260  4. The Contractor shall then fill the containers with the hazardous material. 5. The Owner shall then be responsible for the transporting and recycling of the material or treatment and/or disposal of the material in an approved hazardous waste facility. 1.9 HOURS OF OPERATION No repairing, cleaning or painting is to be done in the night period between sunset and sunrise. Further, blasting operations or any other operation that requires power equipment shall be limited to 8 AM - 6 PM (local time) on Saturday and 9 AM - 6 PM (local time) on Sunday. The times for Work shall also comply with local, state, and federal regulations and laws regarding working hours, overtime, etc. County ordinances shall be adhered to regarding noise and interference to surrounding property owners. If temperatures and weather conditions warrant nighttime work, a written request to the OWNER and ENGINEER shall be approved prior to any work being initiated. 1.10 EMERGENCY INFORMATION A. The CONTRACTOR shall post information concerning emergency medical, fire, rescue and hazardous waste phone numbers from which personnel on the site can obtain information if needed. B. The emergency information shall be posted a central position, located so it is visible and accessible twenty-four (24) hours a day for the entire length of time that the CONTRACTOR is performing Work at the tank site. PART 2 - PRODUCTS 2.1 BLAST ABRASIVE A. General 1. All of the abrasives shall be steel grit (size 50-80). 2. The abrasive shall be properly stored, and it shall be free from contaminant, including but not limited to paint, dirt, moisture, oil, or chlorides, which can cause premature failure of the coating. 3. Use of abrasive on the exterior of the tank shall be based not only on its compliance with the technical application of the coatings, but also on its lack of nuisance to surrounding property. 4. The CONTRACTOR shall submit manufacturer's published product data sheets Repair & Paint 009870 - 8 Countryview & Bluewater Tanks (2014) Job No. 41-459 Packet Pg. 261  for the type of abrasive, grade, and the resulting profile of the abrasive to be used to the ENGINEER for approval prior to the start of any cleaning operations. 2.2 COATINGS A. All coatings for the job shall be obtained from a single approved coatings manufacturer. Products proposed for use, other than those specified, must be submitted in writing at least 10 days before the bid date. Proposal shall include product data sheets, MSDS sheets, performance criteria as listed in Section 3.12 of these specifications as well as a list of a minimum of 15 tanks (including location, Engineer’s name and phone number, Owner name and phone number) which have utilized the proposed coating system. References shall have rendered satisfactory service for at least 5 years. It is incumbent upon the proposer to prove that the materials submitted meet the generic type as well as the performance requirements established in these specifications. B. Coatings shall be manufactured by the following approved manufacturer: Tnemec Company Incorporated C. Thinners shall be as recommended by the approved coating manufacturer. D. All materials shall be furnished new and delivered to the project site in the original factory sealed containers which are clearly and properly labeled by the coating manufacturer showing the manufacturer’s name, product number, type of coating, batch number and expiration date. E. The materials shall be stored, handled and used in accordance with all manufacturers’ published product data, including all requirements listed on the Material Safety Data Sheets (MSDS). F. Coating Systems 1. Except as modified herein, all coating systems shall comply with the following: a. AWWA D102-06 Outside Coating System No. 4 (OCS-4-modified): Generic Description - A four-coat system comprised of a zinc-rich primer, one polyamidoamine epoxy and one aliphatic urethane intermediate coat, and a fluoro-urethane finish coat. All replacement parts (ladders, hatches, etc.) shall have a five-coat system with the addition of a shop-applied zinc-rich primer to the above described system. b. AWWA D102-11 Inside Coating System No. 3 (ICS-3, Modified): Generic Description - A two coat system consisting of an organic zinc-rich primer, with a 100% solids, fast setting, epoxy lining. Replacement ladder shall have Repair & Paint 009870 - 9 Countryview & Bluewater Tanks (2014) Job No. 41-459 Packet Pg. 262  a three coat system with the addition of a shop-applied zinc-rich primer to the above described system. c. All coatings and coating systems in contact with potable water shall comply with ANSI/NSF, International Standard 61. d. Table 1 in the Appendix has been included to summarize the coatings. This quick reference is included for the contractor’s convenience, but is not intended to supersede the technical specifications. 2.3 ELASTOMERIC SEALANT A. Elastomeric Sealant shall be an NSF approved, one part polyurethane sealant. Product shall be SIKAFLEX-1 as manufactured by SIKA Corporation. 2.4 SEAM SEALER & SURFACER A. Seam sealer and surfacer shall be an NSF 61 approved solventless epoxy seam sealer and shall be Tnemec 215 Surfacer. The seam sealer and surfacer shall be recommended by the manufacturer of the interior paint system. 2.5 DEGREASING AGENT A. A degreasing agent such as Great Lakes Extra Muscle Pre-Paint Cleaner or approved equal shall be used for the pre-inspection washouts as required, if applicable to project. 2.6 MATERIAL SAFETY DATA SHEETS (MSDS) A. An MSDS shall be posted at the job site for each chemical product on the job site including, but not limited to, coatings, thinners, solvents, disinfecting agents, abrasives, welding materials, and flexible sealant material. B. An MSDS for each chemical product on the job site shall also be submitted to the ENGINEER prior to starting any work. PART 3 - REPAIRING AND REPAINTING THE TANK 3.1 PRELIMINARIES A. The CONTRACTOR shall notify the OWNER and the ENGINEER at least seven (7) days before starting the Work at the site. The CONTRACTOR shall reconfirm the commencement of Work with the OWNER and ENGINEER twenty-four (24) hours prior to starting Work at the site. B. The tank shall be drained during all cleaning, painting and curing of the coatings. Repair & Paint 009870 - 10 Countryview & Bluewater Tanks (2014) Job No. 41-459 Packet Pg. 263  C. All operations which would include closing valves, or starting, stopping, or removal from service any equipment shall be done by the OWNER'S personnel upon request by the CONTRACTOR. D. The CONTRACTOR shall provide a representative who shall contact and distribute notices to the surrounding properties in the vicinity of the project site. The purpose of this notification procedure is to inform the neighbors and businesses of the ensuing cleaning and painting operations and to establish a good working relationship with the surrounding property owners and occupants whose property may be affected by the cleaning and painting operations of the CONTRACTOR E. Protection of Equipment and Cabinets 1. All electrical apparatus, telemetering and other equipment in or on the tank, including all wiring, shall be protected from all damage and dust or other deleterious material infiltration during the operations of the CONTRACTOR. 2. Any antennas on the roof of the tank shall also be protected from damage. The operation of the equipment shall be continued during the repair, cleaning and painting operations. 3. Any items damaged by the operations of the CONTRACTOR shall be replaced in kind or acceptably repaired by the CONTRACTOR at no cost to the OWNER. 4. Before cleaning on any portion of the tank, all cabinets on the site shall be covered to prevent the entry of blasting abrasive, dust or paint and so they can continue to function as required. 5. Any cabinets which cannot be covered will be marked by the OWNER. The covering shall be removed from the cabinets while the cabinets are cleaned, painted, and the coating cures in accordance with the exterior painting section of these specifications. 6. Any blasting, cleaning or paint debris inside these cabinets shall be removed by the CONTRACTOR prior to completion of the Work. F. Nameplates 1. The nameplates shall be carefully removed to prevent paint coverage. The areas behind the nameplates shall be cleaned and painted in accordance with section 3.05 of this specification. Repair & Paint 009870 - 11 Countryview & Bluewater Tanks (2014) Job No. 41-459 Packet Pg. 264  2. The nameplates shall be protected from the application of paint on the exposed surface. 3. Any paint on the nameplate shall be removed by solvent cleaning or other methods which will not damage the surface of the nameplate. 4. The nameplates shall be bolted back on the mounting brackets with stainless steel stove bolts and nuts. G. Conduit and Cables 1. Cables, conduit, and conduit clamps shall be relocated as necessary to effect proper surface preparation and coating. 2. The cables, conduit, and conduit clamps along or near ladders shall be repositioned prior to the cleaning and painting being sure to provide a minimum clear spacing of 3" between the cables or conduit and the ladder side rails so as not to interfere with the climber. H. Interior Rigging Openings 1. Suitable threaded outlets shall be installed in the roof of the tank for the attachment of paint rigging. 2. The threaded outlets shall be a Phoenix #132 heavy tank flange. The flanges shall be welded on both the inside and outside of the tank with a continuous fillet weld. 3. Galvanized malleable iron pipe plugs shall be furnished and installed after the completion of the painting. The threads on the plugs shall be covered with Teflon tape prior to threading into the couplings. 4. The couplings shall be installed in sufficient number and placement so as to allow complete and proper cleaning and painting of the shell and roof surfaces of the tank. I. Inter-coat Cleaning 1. Residue or foreign matter on applied coatings to receive subsequent coats shall be cleaned by pressure rinse. 2. Determination of the need for inter-coat cleaning shall be made by the ENGINEER and OWNER. Inter-coat cleanliness shall be determined by wiping with clean white rags, determination of pH, chlorides or other suitable test, depending on circumstances. Pressure cleaning when required between coats of coating material are the CONTRACTOR’S responsibility. Repair & Paint 009870 - 12 Countryview & Bluewater Tanks (2014) Job No. 41-459 Packet Pg. 265 3.2 ELECTRICAL SYSTEM SAFETY A. The CONTRACTOR shall at a minimum take the following safety measures to prevent accidents due to electrical hazards: 1. Electric Service Deactivation: a. The OWNER shall deactivate and lock out the electric service to the tank. b. The CONTRACTOR shall verify the deactivated status of the electric service to the tank prior to beginning each day's Work functions and throughout the work day. c. The verification of the electric service deactivation is the sole responsibility of the CONTRACTOR and shall be accomplished without supervision from the OWNER, ENGINEER, or other direct or indirect agents of the OWNER. 2. Electric Service Wiring a. The CONTRACTOR shall be aware of the electric service wiring attached to and located adjacent to the tank. b. The OWNER shall relocate, deactivate, or provide necessary electric shock hazard protective devices to prevent exposure of workers and/or equipment to electric shock hazards. c. The CONTRACTOR shall verify that there is sufficient electric shock hazard protection for the workers and equipment prior to and throughout each working period on the job. d. The verification of the electric shock hazard protection is the sole responsibility of the CONTRACTOR and shall be accomplished without supervision from the OWNER, ENGINEER, or other direct or indirect agents of the OWNER. 3.3 CONTAINMENT SYSTEM A. The CONTRACTOR shall design and provide a containment system for the capture, containment, collection, storage and disposal of the waste materials generated by the work under this specification Section, to meet the requirements of SSPC Guide 6, Class 3 and this specification. B. The Containment Enclosure shall be at minimum as follows: Repair & Paint 009870 - 13 Countryview & Bluewater Tanks (2014) Job No. 41-459 Packet Pg. 266  1. A retractable enclosure to completely surround (around and under) the blasting, priming and coating operations. The ground cannot be used as the bottom of the enclosure unless completely covered with suitable containment material that retains 100% of the residue. 2. Constructed of flexible materials such as containment screens (specifically designed for this purpose). The floor may be containment screening or of rigid materials such as overlapping plywood fastened in place. 3. Maintained free of tears, cuts or holes. 4. Have seams overlapped a minimum of 6" and fastened together at 12" centers or fastened and overlapped in a manner that insures a tight seal which does not allow openings between the screens in the containment. 5. With sides extending past the top of and enclose the roof of the tank. 6. With a top bonnet capable of containing dust, debris and coating materials being removed. 7. Retractable or moveable in a carousel fashion such that: a. Lowering shall require no more than 10 minutes b. Raising shall require no more than 15 minutes. C. It is the CONTRACTOR’S responsibility to insure the feasibility and workability of the containment system. D. The CONTRACTOR shall ensure that no cleaning/blasting debris, overspray or coating droplets escape to the atmosphere. The ground surrounding the tank shall be protected from all debris and other materials generated in the cleaning operations. E. The CONTRACTOR shall be responsible for all materials that are used and for any apparatus used to contain debris, overspray, and coating droplets. F. The CONTRACTOR shall perform his operations and work schedule in a manner as to minimize leakage of the containment system. The containment system shall be properly maintained and shall not deviate from the approved drawings, without the ENGINEER’S approval. G. If at any time during the execution of the work, the containment system fails to function satisfactorily, the OWNER reserves the right to stop work and the CONTRACTOR suspend all operations, except those required to minimize adverse impact on the environment or property. Operations shall not resume until modifications have been made to correct the cause of failure. Modifications shall be approved by the ENGINEER. The OWNER further reserves the right to stop work or to require additional or different enclosure methods, if the CONTRACTOR’S operations create a nuisance beyond the tank site property line in the sole opinion of the OWNER, the ENGINEER, the OWNER’S designated representative, any regulatory agency, or neighbor. Repair & Paint 009870 - 14 Countryview & Bluewater Tanks (2014) Job No. 41-459 Packet Pg. 267  H. The containment system and all accompanying support brackets and rigging shall be designed by a professional engineer and appropriately signed and sealed per applicable rules and regulations. A professional engineer registered in the State of Florida shall provide a statement that the containment system will not exceed the structural loading capacity of the tank when fully erect. I. The containment system utilized on the tank shall be designed not to impose excessive loading on the tank, tower and tank appurtenances. Any damage done to the tank or tower as a direct or indirect result of the enclosure system shall be repaired by the CONTRACTOR at no additional cost to the OWNER. Neither the ENGINEER nor the OWNER assume any responsibility for the structural ability of the tank and tower to support the enclosure system. J. All equipment shall be parked on ground covers free of cuts, tears or holes to prevent contamination of pavement or soil and to protect area under and around equipment. K. If tarps are used as part of the enclosure, the tarps shall be an impervious, solid, flame- resistant material, reinforced with a fiber mesh and shall allow as much light as possible to pass through the material. L. The existing paint being removed from the tank may contain lead and chromium. The CONTRACTOR shall bear all responsibility to assure that workers take proper safety precautions when working in a lead and chromium abatement environment. M. Dust Collectors - Air Filtration Units: 1. Furnish and use a dust collector(s) during all blasting work. 2. Units to be equal in filtration capacity to Eagle Industries dust collectors. Other units may be approved as equal, but their substitution will be evaluated on efficiency at 0.5 micron size and airflow movement. 3. Unit shall be 40,000 cfm minimum. 4. Furnish HEPA filters for dust collection. 5. Number of dust collectors shall be sufficient to supply a 50 ft/minute downward draft at most areas. An average may be considered. Determination of actual containment plan will be the deciding factor. Calculations of airflow shall be included in the containment submittal. 6. CONTRACTOR shall use only new filters or filters that are certified clean. N. All costs of providing the containment system (including air filtration) shall be included by the CONTRACTOR in the Base Bid. 3.5 REPAIRING THE TANKS Repair & Paint 009870 - 15 Countryview & Bluewater Tanks (2014) Job No. 41-459 Packet Pg. 268  A. Grout Repair 1. The grout which is between the base plates and the concrete foundations shall be tested by the CONTRACTOR under the observation of the ENGINEER by using a sharp 16 oz. hammer. 2. Any missing or loosened portions of grout shall be replaced with a non-shrinking, non-staining, high-strength structural grout material. 3. The final contour of the grout shall be vertical and flush with the edge of the base plates, and shall not overlap outside the edge of the base plates. 4. After the grout has hardened sufficiently for the application of a curing compound, a water-based curing compound shall be applied to the exposed grout surfaces. 5. After cleaning and painting, any separation between the base plates and the grout greater than 1/32" and less than 5/32" shall be filled with elastomeric sealant. B. Welding Repairs 1. All welding repairs to the interior or exterior of the tank are to be made prior to all painting operations. 2. No welding or flame cutting through the existing coating system shall be permitted, unless adequate worker protection is provided in accordance with the instructions in ANSI Z49.1, "Safety in Welding and Cutting." 3. Any resulting burrs, weld spatter, sharp edges, corners, or rough welds which would cause difficulty in applying a holiday-free coating shall be ground smooth. This grinding is considered incidental to the welding work and is to be included in the Base Bid. 4. After grinding, these areas shall be cleaned to produce the profile recommended by the manufacturer of the coating system. 5. Cleaning Areas To Be Welded a. It shall be necessary to remove the coating prior to the welding of any new items to the tank. b. All areas that have been welded and/or ground smooth shall be cleaned prior to painting to provide proper profile for the coating system. c. Areas to be welded shall be welded prior to the final cleaning and painting of surfaces within the heat-affected zone. The heat-affected zone includes the opposite side of the plate or member being welded. Even if not specifically Repair & Paint 009870 - 16 Countryview & Bluewater Tanks (2014) Job No. 41-459 Packet Pg. 269  mentioned as a part of the Work under this Agreement, those areas of paint or coatings in the heat-affected zone of areas not specified to be painted shall be cleaned and painted in accordance with the requirements listed in these Detailed Technical Specifications. C. Pit Filling 1. After an area of steel is abrasive blast cleaned, any pits, rough areas or seams marked for pit filling or surfacing by the ENGINEER shall be filled with solventless polyamide epoxy seam sealer of the type recommended by the supplier of the interior paint system. The epoxy seam sealer shall be applied neatly and smoothly to the steel surfaces and any rough areas of the seam sealer shall be sanded smooth prior to the application of the coating system. 2. The CONTRACTOR shall include in his base bid two gallons of pit filler. D. Seam/Seal Welding 1. All areas of apparent seam deterioration shall be abrasive blast cleaned, and any seam corrosion or undercut marked by the Engineer shall be repaired by arc- gouging and welding. 2. The number of linear feet of seam welding shall be paid for by the unit price as listed in the Bid Proposal. E. Handrail Addition (in base bid - both tanks) Fabricate and install a handrail on the exterior of the access tube at the top of both tanks as depicted in the detailed drawing in the Appendix. Depicted on side of access tube, but final location (access tube or top of tank) to be determined by OWNER at time of installation. An additional coat of zinc-rich primer shall be shop-applied to all replacement parts. G. Tank Vent (separate bid item - Bluewater Tank only) Replace tank vent with 24" Pressure Vacuum Vent as manufactured by Newlin’s Welding and Tank Maintenance (Montezuma, IN - Phone No. (765) 245-2741) K. Roof Manway (separate bid item - both tanks) Replace existing 24" roof manway with new 30" roof manway as manufactured by Newlin’s Welding and Tank Maintenance (Montezuma, IN - Phone No. (765) 245- Repair & Paint 009870 - 17 Countryview & Bluewater Tanks (2014) Job No. 41-459 Packet Pg. 270  2741). Details included in Appendix. An additional coat of zinc-rich primer shall be shop-applied to all replacement parts. L. Target (in base bid - both tanks) Remove and dispose of existing target, brackets and any associated appurtenances and seal all penetrations by welding, as applicable, before commencing blasting and painting operations. M. Existing Transducer and New Conduit (in base bid – both tanks) Remove existing transducer and cable under supervision of OWNER’s SCADA personnel. Install new rigid galvanized conduit from existing transducer tap to RTU panel, routing down through dry riser. Transducer and cable to be re-installed at later date by others. Details for conduit in Electrical Drawings in Appendix. N. Countryview Tank Repairs (in base bid) 1. Replace dry riser entrance door hinges and weatherstrip around door to prevent entrance by insects. 2. Replace screens on vent and dry riser vents. O. Bluewater Tank Repairs (separate bid item) Replace screened end of overflow pipe with weighted flapper and screen to meet FDEP regulations. P. Bluewater Tank Repairs (in base bid) 1. Repair door frame before blasting and painting 2. Seal conduit penetrations in dry pillar by welding plates as needed, reducing size of penetrations to match conduit size. 3. Remove and grind smooth existing old ladder brackets. 4. Replace vent screens. 3.6 REPAINTING THE TANKS A. General 1. All cleaning and painting shall be done in a workmanlike manner. Curing times and ventilation requirements of the paint manufacturer shall be strictly enforced by the CONTRACTOR. Repair & Paint 009870 - 18 Countryview & Bluewater Tanks (2014) Job No. 41-459 Packet Pg. 271  2. The CONTRACTOR shall have sufficient Wet Film Thickness Gauges and a calibrated Dry Film Thickness Gauge on the premises during all working hours after any painting begins. 3. In addition to the minimum and maximum dry film requirements (See Appendix, Table 1), all sags, runs, pinholes, craters, roller nap, and other irregularities which would be detrimental to the life or appearance of the coating(s) shall be removed and repaired at no additional cost to the OWNER. 4. Finish coats shall be uniform in color, hide and sheen (gloss) without streaks, laps, runs, drips, sags or missed areas. B. Painting Environment 1. All temperature and humidity requirements of the paint manufacturer's published product data shall be followed. 2. In addition, no painting shall be done when the relative humidity is greater than 80%, or the temperature of the steel is or is expected to be less than 5 degrees F above the dew point temperature during application and until the coating has cured to resist moisture in accordance with the manufacturer's published product data. 3. The CONTRACTOR shall have wet bulb-dry bulb measuring equipment and steel temperature measuring equipment on the job at all times. Readings shall be recorded at the beginning and end of each painting session and at no less than two (2) hour intervals. Wind velocities during exterior painting shall be compatible for the quality application of the exterior coatings. Measurements shall be recorded on the Daily Coatings Report. 4. Minimum Temperature a. Each component shall be maintained at a minimum of 75 degrees F prior to mixing. b. The mixed coatings shall also be maintained at a minimum of 65 degrees F during application. c. All costs associated with keeping the coating material at the minimum specified temperature shall be included in the Base Bid. 5. Mixing of Coatings a. Each component shall be thoroughly mixed on-site with a power agitator in accordance with the manufacturer’s printed instructions to ensure no pigment remains on the bottom of the container. b. An entire kit shall be mixed together to ensure proper ratios of components. c. The container shall be large enough to hold all components to be mixed, Repair & Paint 009870 - 19 Countryview & Bluewater Tanks (2014) Job No. 41-459 Packet Pg. 272  including thinner. The combined material shall be thoroughly mixed with a power agitator that shall be driven by a 3/4" drill motor not exceeding 300 rpm and which do not cause air entrainment to achieve a uniform consistency. d. Adherence to proper induction times and re-coat schedule for the combined coating material shall be in accordance with the manufacturer's published product data. No coating shall be applied until the minimum induction time has been reached. 6. Coatings Application a. Methods of application are at the discretion of the CONTRACTOR as long as the materials are applied in accordance with the manufacturer's published data and the end results are in compliance with these specifications (including all others inferred by reference). b. Brushes shall be: Purdy Corporation, Professional Quality, Black China Bristle Series, or Wooster Brush Company Pro 10, Professional Quality, Black China, sash and trim brushes, or approved equal. c. Rollers shall be Purdy Corporation, Professional Quality, Lambskin rollers with phenolic core, or Wooster Brush Company, Professional Quality, Resin/Coat Rollers, or Premier Lint Free, Epoxy Bonded to Phenolic Core, Premier Richmond Hill, NY, or approved equal. d. Techniques shall be used which will not allow coating droplets to travel from the base of the tank or escape from the containment apparatus. e. Prior to the cleaning or coating of any surface, the CONTRACTOR shall present a written plan for approval by the PROJECT REPRESENTATIVE and the ENGINEER concerning how abrasive and/or paint damage to automobiles and property will be handled, including a process for quick removal of the abrasive or paint, and who will do the Work. This approval in no way shall relieve the CONTRACTOR from the responsibility of settling claims for damage, but is intended as an avenue to expedite and minimize said claims. 7. Coating Thickness a. Dry film thicknesses (DFT) specified in the attached painting schedule (see Appendix, Table 1), are dry mil thicknesses measured in accordance with Steel Structures Painting Council SSPC-PA-2, Paint Application Specification No. 2, “Measurement of Dry Paint Thickness with Magnetic Gauges.” Painting Contractor shall apply additional coats as necessary to achieve the specified minimum dry film thickness range per coat. b. The thickness of each type paint is essential to the system's integrity (see Appendix, Table 1). The addition of mils in a succeeding coat of a different generic type or formulation to make up for thin preceding coat(s) shall not be allowed. If a thicker finish coat is needed to hide the underlying darker color on the exterior of the tank, a thicker coat may be applied, but it shall not exceed the Repair & Paint 009870 - 20 Countryview & Bluewater Tanks (2014) Job No. 41-459 Packet Pg. 273  maximum allowable thickness recommended by the coating manufacturer. c. Under no circumstances shall the dry film thickness of an individual coat or of the total coating system exceed the coating manufacturer's maximum allowable thickness limit. f. Dry mil thickness greater than the coating manufacturer's maximum allowable thickness shall be considered unacceptable and shall be removed by the CONTRACTOR at no additional cost to the OWNER at the direction of the ENGINEER and OWNER. g. Some coatings may require additional coats applied to achieve the specified thickness when applied by brush or roller. No additional compensation shall be made for additional coats required to achieve the specified minimum thickness. 8. Surface Conditions a. The surfaces to be painted shall be free from mud, oil, grease, dust, moisture, salts, and other foreign material which would cause adhesion or other problems in the finished product. b. If field tests by the ENGINEER find questionable amounts of contamination on the steel surfaces or painted surfaces to be top-coated, a representative of the paint manufacturer may be called to examine the surfaces in question and determine if the surfaces are in accordance with these Detailed Technical Specifications and the manufacturer's published product data. 9. Painting Schedule a. The tank should be entirely cleaned and primed prior to the start of the intermediate painting to avoid damage to the topcoats from adjacent cleaning operations. b. The primer shall not be applied closer than 6" to the edge of a surface yet to be cleaned. c. If the re-coat cycle of the primer prevents completing cleaning and priming of the tank before applying the intermediate coat, then the CONTRACTOR shall submit, in writing, a schedule for coating application which will avoid damage to the intermediate and finish coats when applied close to uncleaned surfaces. 10. Piping a. The CONTRACTOR shall be responsible for assuring that no foreign material including, but not limited to paint, abrasive, rags, or tools enter the inlet/outlet, drain, or overflow piping during the prosecution of the Work. b. Any material found in this piping at the time the tank is placed back into service shall be removed at the expense of the CONTRACTOR. To aid in preventing the entrance of foreign material, the CONTRACTOR shall drain the pipe and either lower the protective cover to the top of the pipe, tack weld a plate over the inlet/outlet pipe or place an expandable plug in the pipe. Repair & Paint 009870 - 21 Countryview & Bluewater Tanks (2014) Job No. 41-459 Packet Pg. 274  c. If a plate is tack welded over the pipe, the plate shall completely cover the pipe and shall not be removed until the interior and exterior painting is complete. After the plate is removed the damaged areas of coating and weld burrs shall be ground smooth and recoated in accordance with the applicable paragraphs in these specifications. d. If an expandable plug is inserted in the pipe, the plug shall be placed approximately 18" down in the pipe to allow for proper coating of the inlet/outlet pipe. 11. Air Dryer for Compressor a. Use air dryers sufficient to remove 98% of the moisture from the compressed air. Size the dryers based on total cfm using manufacturer supplied charts. Upon request, supply charts to engineer for verification. b. If the fan is not operable, cease all blasting until the dryer is replaced or repaired. c. Supply air dryer with an air draw-off valve to check air for dryness, oil contamination and cleanliness on the outlet side of the air dryer. d. For cleaning operations, draw clean air from the outlet side of the air dryer. C. Preparation and Painting the Tank Wet Interior 1. Surfaces to be Cleaned and Painted: All interior wet surfaces including the roof, manholes, roof vent flange access tube, etc., shall be cleaned and painted in accordance with the requirements of this section. 2. Cleaning Tank and Debris Removal a. The OWNER will remove all water from the tank which will drain by gravity through the drain line. b. The CONTRACTOR shall remove all standing water, mud, and debris from the tank prior to starting work 3. Surface Preparation a. The interior surfaces mentioned above in Paragraph 3.05.B.1. shall be cleaned to a degree of cleanliness equivalent to SSPC-SP10, Near-White Blast Cleaning by a method approved by the ENGINEER and OWNER. b. Before the formation of rust and after observation of the surface by the ENGINEER, all cleaned surfaces shall be primed as specified. Prior to the application of the finish coat, all seams, rough areas, deviations from smooth surfaces, pits, bolt heads and nuts, remains of erection lugs and scars, and corners shall be primed by brush (stripe coat at 2.0 - 4.0 mils) with the primer, Repair & Paint 009870 - 22 Countryview & Bluewater Tanks (2014) Job No. 41-459 Packet Pg. 275  followed by the finish coat. c. A sample area of minimum size 2’x 2’ will be cleaned to a degree of cleanliness equivalent to SSPC-SP10, Near White Blast Cleaning as agreed by the ENGINEER and CONTRACTOR. After agreement as to degree of cleanliness, the sample area shall be clear coated and used as a template for the remainder of the cleaning for this portion of the tank. 4. Seam Sealer a. After cleaning, seam sealer is to be applied to the roof vent intersection, roof manhole, tank manhole intersection, piping intersections, and the lap seams to seal these intersections from moisture. It shall be applied in a workmanlike manner, being beveled at approximately 45 degrees. b. The cost of this seam sealing is to be included in the Base Bid. c. At the CONTRACTOR'S option Filler (see section 2.05, above) and Surfacer may be applied after the priming of the surface, providing no rust has formed on any un-coated surfaces (such as crevices between plates). 5. Coating Application a. The approved coatings for the interior surfaces are intended to comply with the requirements of AWWA D102-11 Inside Coating System No. 3 (ICS-3, Modified) with the dry film thickness as specified in the coating schedule. Acceptable manufacturers and products are shown in the coating schedule. The CONTRACTOR must submit certifications indicating compliance with the specifications. b. Not later than eight hours and before the formation of rust, the cleaned surfaces (SSPC-SP10) shall be primed with the specified primer applied at a rate to achieve a 2.5 - 3.5 mils (min.) dry film thickness. c. The primer coat shall be inspected and approved by the ENGINEER prior to proceeding with the remaining coats. d. After approval of the prime coat a finish coat shall be applied at a rate to achieve 30.0 - 40.0 mils DFT. Roof beams, sharp edges and other difficult to coat areas shall receive 40.0 – 50.0 mils DFT.. e. The total dry film thickness for the two (2) coat system shall be a minimum of 32.5 mils. All roof beams, sharp edges and other difficult to coat areas shall have a minimum of 42.5 mils DFT. f. Paint shall be applied strictly in accordance with the manufacturer's recommendations. 6. Re-coat Cycle a. The CONTRACTOR shall review the manufacturer's published product data for maximum re-coat times for the interior coating system selected for use. b. If the maximum re-coat window is exceeded prior to application of the Repair & Paint 009870 - 23 Countryview & Bluewater Tanks (2014) Job No. 41-459 Packet Pg. 276  succeeding coat, then the CONTRACTOR shall prepare the interior surfaces in accordance with the manufacturer's published product data prior to the application of the next coat. c. The cost of this additional surface preparation shall be borne by the CONTRACTOR with no additional cost to the OWNER. d. The Contract Time shall not be increased as a result of this additional surface preparation. 7. Curing a. Each coat shall be properly cured before the application of any subsequent coats. b. The interior wet area coating shall be completely cured and the tank shall not be filled with water until approved by the ENGINEER and OWNER. c. The exterior dry coating on the opposite side of water bearing surfaces shall be completely cured and the tank shall not be filled with water until approved by the ENGINEER and OWNER. d. Solvent rub tests, pencil hardness tests, or other industry recognized testing procedures shall be used as recommended by the manufacturer. e. The CONTRACTOR shall monitor the torus bottom plate temperature during the interior coating curing to verify that minimum steel temperature requirements are satisfied. 8. Ventilation a. Forced ventilation shall be supplied to the interior of the tank for a continuous period of at least 48 hours after the final coat has been applied. b. Adequate ventilation of the tank bottom and other low lying areas of the tank shall be provided by the CONTRACTOR as required for solvent release and coating cure. This ventilation shall, at a minimum, be in accordance with AWWA D102-06. c. The CONTRACTOR shall furnish, install and operate the equipment that is necessary to provide forced ventilation to aid curing. d. If supplementary heating or dehumidification is required to effect curing, the CONTRACTOR shall furnish, install, and operate the equipment to perform the supplementary heating or dehumidification required at no additional cost. 9. Testing a. All interior wet coatings, including those above the high water level, shall be checked with a wet sponge low voltage holiday detector. b. Testing shall be done in accordance with Section B.9.3 of AWWA D102-06 in the presence of the ENGINEER. c. Any voids indicated shall be repaired by applying more of the finish coat of paint by brush or roller. The repaired areas shall be retested after the Repair & Paint 009870 - 24 Countryview & Bluewater Tanks (2014) Job No. 41-459 Packet Pg. 277  appropriate drying time. d. The coating system must pass the holiday test regardless of the mil thickness applied to the tank. D. Preparation and Painting the Tank Exterior 1. Surfaces to be Painted All exterior surfaces of the tank, including the bowl, tower, rods, turnbuckle threads, bolts, nuts, pins, brackets, seams, corners, base, pedestals/pillars or legs, manhole neck of the roof vent, etc., shall be cleaned and painted in accordance with the paragraphs in this section. 2. Irregular Surfaces a. Any burns, weld splatter, rough welds, weld overlap, bolts, sharp edges, or corners of any areas disturbed or installed by the CONTRACTOR'S operations which would cause difficulty in achieving a defect-free coating shall be chipped and/or ground smooth. b. Any pinholes or voids in exterior welds shall be filled with an epoxy seam sealer. It is not the intent to have these irregular surfaces chipped and/or ground flush. The objective of the chipping, grinding and/or seam sealing is to eliminate irregular surfaces to provide a surface that is sufficiently smooth for the application of a uniform thickness coating without voids. This chipping, grinding and/or seam sealing is considered incidental to the exterior painting and is to be included in the Base Bid. 3. Cleaning Tank and Debris Removal a. The surfaces described in paragraph 3.05.D.1 shall be cleaned to a degree of cleanliness equivalent to SSPC-SP6, Commercial Blast Cleaning by a method approved by the ENGINEER and OWNER. b. A sample area of minimum size 2’x 2’ will be cleaned to a degree of cleanliness equivalent to SSPC-SP 6, Commercial Blast Cleaning as agreed by the ENGINEER and CONTRACTOR. After agreement as to degree of cleanliness, the sample area shall be clear coated and used as a template for the remainder of the cleaning for this portion of the tank. 4. Coating Application a. The approved coatings for the exterior surfaces are intended to comply with the requirements of AWWA D102-11 Outside Coating System No. 4 (OCS-4, Modified). Acceptable manufacturers and products are shown in the coating schedule. The CONTRACTOR must submit certifications indicating compliance with the specifications. Repair & Paint 009870 - 25 Countryview & Bluewater Tanks (2014) Job No. 41-459 Packet Pg. 278  b. Not later than eight hours and before the formation of rust, the cleaned surfaces (SSPC-SP6) shall be primed with the specified primer. c. Should any area exist where the intersection of two (2) members does not allow the complete cleaning of the intersection and the members cannot be separated for cleaning (such as anchor bolt washers, clevises, turnbuckles, etc.), these intersections shall be post-primed with an aluminum platelet pigmented material suitable for marginally cleaned surfaces. The material shall be Tnemec 1 Omnithane, or other material approved in writing by the ENGINEER and recommended by the manufacturer of the exterior paint system. d. Following the prime coat application, the exterior surfaces shall receive two intermediate coats and a finish coat of paint. The colors for the intermediate coats shall be slightly darker than that chosen for the finish coat, being dark enough and different enough from one another to visually assure application and coverage of each subsequent coat, yet light enough to allow proper hiding of the intermediate coats of paint. 5. Recoat Cycle a. The CONTRACTOR shall review the manufacturer's published product data for maximum recoat times for the interior coating system selected for use. b. If the maximum recoat window is exceeded prior to application of the succeeding coat, then the CONTRACTOR shall prepare the interior surfaces in accordance with the manufacturer's published product data prior to the application of the next coat. c. The cost of this additional surface preparation shall be borne by the CONTRACTOR with no additional cost to the OWNER. d. The Contract Time shall not be increased as a result of this additional surface preparation. 6. Curing a. Each coat shall be properly cured before the application of any subsequent coats. b. The interior wet area coating shall be completely cured and the tank shall not be filled with water until approved by the ENGINEER and OWNER. c. The exterior dry coating on the opposite side of water bearing surfaces shall be completely cured and the tank shall not be filled with water until approved by the ENGINEER and OWNER. d. Solvent rub tests, pencil hardness tests, or other industry recognized testing procedures shall be used as recommended by the manufacturer. e. The CONTRACTOR shall monitor the torus bottom plate temperature during the interior coating curing to verify that minimum steel temperature requirements are satisfied. Repair & Paint 009870 - 26 Countryview & Bluewater Tanks (2014) Job No. 41-459 Packet Pg. 279  E. Logos 1. Countryview Tank - The Tank CONTRACTOR shall paint the Okaloosa County logo on the broadside of the tank. The logo shall be painted using colors to match the logo (See Appendix for representative detail). Final color selections are on file at Tnemec. Orientation of the Logo on the tank to be determined by the OWNER. Diameter of the logo shall be minimum of 20'. 2. Bluewater Tank - The Tank CONTRACTOR shall replace the existing “sailboat” logo to match as is. Artwork for the logo is not available. Tank logo paint shall be same as final top coat required by the exterior coating system F. Safety Climbing Devices 1. The tubular notched galvanized rigid rail safety-climbing devices shall be removed prior to the cleaning and painting of the ladders. 2. All paint on the device, both existing paint and any paint spilled on the device by the CONTRACTOR, shall be removed by wiping the device with the proper solvent. 3. Any rust which has developed on the safety rails shall be removed by power tool cleaning with Scotch-Brite abrasive discs, then these areas shall be coated with one coat (2.0 to 3.0 mils thick) of an aluminum platelet pigmented single component Polyurethane mastic such as Tnemec 530 Omnithane. 4. Any necessary temporary protective devices for compliance with Federal OSHA requirements, all state and local safety regulations, and safe working practices shall be furnished and maintained by the CONTRACTOR. 5. After the curing of the ladder paint, the tubular notched galvanized rigid rail safe- climbing device shall be reinstalled in a secure manner as recommended by the manufacturer of the climbing device. 6. Any fasteners damaged by the removal and replacement of the device shall be replaced by the CONTRACTOR at no cost to the owner. 3.7 INSPECTION AND TESTING A. Testing Coatings 1. If a dispute arises concerning the quality or quantity of the applied coatings; adhesion tests, Tooke gage inspection, or some other form of destructive testing may be employed. Repair & Paint 009870 - 27 Countryview & Bluewater Tanks (2014) Job No. 41-459 Packet Pg. 280  2. If such tests are employed, the OWNER will pay for these tests and the CONTRACTOR shall repair the damaged coating at no additional costs to the OWNER regardless of the outcome of the tests. B. Observation 1. All Work shall be accessible to the ENGINEER using the CONTRACTOR'S rigging and equipment. If assistance is required for the ENGINEER to safely inspect the work, the CONTRACTOR shall assist the ENGINEER. The cost of labor and equipment to assist the ENGINEER shall be included in the Base Bid contract amount. C. Hold Points for Required Inspections The CONTRACTOR shall give the ENGINEER at least 24 hours notice (48 hours if inspection required on weekend) before each of the following stages in the Work is completed: 1. any repairs and prior to preparation 2. interior blast (frequency to be determined) 3. installation of prime coat 4. installation of stripe coat 5. exterior blast 6. exterior prime coat 7. exterior stripe coat 8. exterior 1st intermediate 9. exterior 2nd intermediate Failure to notify ENGINEER as specified may result in removal of any installed coating or re-work of surface preparation that has occurred since last hold point. Removal or re-work shall be at the sole discretion of the OWNER and ENGINEER and shall be at no additional cost to OWNER. 3.8 DISINFECTION OF THE TANK AND PIPING A. Cleaning 1. After curing and prior to disinfecting, the CONTRACTOR shall wash the tank interior with potable water to remove all loose paint overspray, dirt, etc. 2. All equipment, including brooms, brushes, spray equipment, and worker's boots, shall be disinfected before they are used to clean the water storage facility. 3. The CONTRACTOR shall supply an adequate volume of water (20 gpm Repair & Paint 009870 - 28 Countryview & Bluewater Tanks (2014) Job No. 41-459 Packet Pg. 281  minimum) with sufficient pressure (60 psi minimum at the nozzle) to wash thoroughly all the interior wet surfaces, including those surfaces above the high water level. 4. The spent water shall be removed from the tank before filling the tank. B. Disinfection 1. It is the CONTRACTOR'S responsibility to flush and disinfect the tank until two (2) consecutive satisfactory water samples are reported from the OWNER'S laboratory. 2. Method 2 (Section 4.3) of AWWA C652 shall be used for disinfection (spray method). Material used for disinfection shall be HTH only. 3. The OWNER shall take and send in the samples to the laboratory, but shall assume no responsibility for the sampling technique or the care of the samples. 4. The stored tank water shall comply with current state and USEPA standards for organic, inorganic, and biological contaminants as influenced by the operations of the CONTRACTOR. 3.9 Cleaning and Painting Concrete A. Preparation 1. The CONTRACTOR shall dig down beside each foundation to expose approximately 4" more of the concrete than is normally exposed (at least 10" from the top of concrete). 2. Prior to any digging, the CONTRACTOR shall contact the utility hot line to have all utilities marked on the site. 3. All concrete areas thus exposed (from the ground to the base plates) shall be cleaned by brush-off blast cleaning to remove any existing coatings and other contaminants. This entails lightly abrading the concrete surface without entirely removing the surface concrete. 4. The aggregate shall not be exposed by the blasting operations. 5. All efflorescence and laitance shall be removed from the surface. 6. The cleaning operation shall be performed to open subsurface holes and voids and to produce a profile for the proper adherence of the specified coating system (equivalent to 40-60 grit sand paper). Repair & Paint 009870 - 29 Countryview & Bluewater Tanks (2014) Job No. 41-459 Packet Pg. 282  7. Bug holes, voids, pinholes, honeycombs and any other concrete imperfections shall be patched, repaired or filled with 100% volume solids epoxy repair material prior to coating application. B. Coating Application 1. All cleaned concrete areas shall be given a two (2) coat roller applied coating. 2. Each coat shall be applied at a rate to achieve a 4.0 - 6.0 mil dry film thickness. The total dry film thickness shall be 10.0 mils. C. Backfill After the coatings have cured and been approved by the ENGINEER, the concrete structures are to be backfilled to the original grade. 3.10 GUARANTEE AND ANNIVERSARY INSPECTION A. All Work shall be guaranteed for five years after the date of substantial completion. This guarantee shall be provided for in the CONTRACTOR'S Performance Bond and as described in Section 00624, Warranty Attachment. B. The coatings manufacturer shall provide a 15 year warranty for the exterior coating system. The warranty shall cover the following: $ Color Retention $ Gloss Retention $ Chalking $ Checking. $ Blistering $ Cracking $ Delamination The Contractor shall prepare and field apply the complete specified coating system to a minimum of (6) panels (to be supplied by Tnemec – size 3” X 6” or larger) of each exterior finish color identified in the warranty. The (6) field applied sample panels of each finish color shall be air dried for a minimum of (7) days and shipped to Tnemec Company prior to final acceptance of the Work. The panels will be checked for verification of color accuracy and stored as the Original project Color Standards for the duration of the Warranty Coverage. Upon completion of the work, Tnemec Company shall forward the signed Warranty document along with two (2) panels of each finish color to the Owner for retention by the Owner and shall return two (2) panels of each finish color to the painting contractor Repair & Paint 009870 - 30 Countryview & Bluewater Tanks (2014) Job No. 41-459 Packet Pg. 283  C. The Owner will notify the Contractor at least 30 days prior to each anniversary date throughout the five year warranty period and shall establish a date for each inspection. The tank will be drained, at Owner’s discretion, and the Owner's representative and the Contractor shall thoroughly inspect all surfaces both inside and out. Any defects in the coating system shall be repaired by the Contractor at no additional cost to the Owner. Should a failure occur to 25% of the painted surface, either interior or exterior, the entire surface shall be cleaned and painted in accordance with these specifications. D. The CONTRACTOR shall have at least one gallon of each final coating at the time of the inspection along with power cleaning tools and "Scotch-Brite" abrasive disks for spot cleaning. E. To return the tank into service more quickly, the CONTRACTOR shall also have two cases of Tnemec FC22 Touch-Up Kits (with appropriate compression gun) to touch up the interior wet surfaces. Spot repairs shall be made by the CONTRACTOR before returning the tank back into service. Repairs requiring extensive Work and rigging may be delayed until a time mutually agreeable to the OWNER and CONTRACTOR. F. It is the CONTRACTOR'S responsibility to disinfect the tank in accordance with AWWA C652-92 until two (2) consecutive satisfactory water samples are reported from the OWNER'S selected laboratory. All costs associated with the Anniversary Inspections, including disinfection if required, shall be included in the Base Bid price. 3.11 RESTORATION OF GROUNDS A. Clean-up 1. The job site shall be kept in a clean and safe condition at all times. Hazards or nuisances shall be protected at all times. 2. Upon completion of the Work, the job site and all nearby sites impacted by the Work activities shall be left clean of all debris, cleaning residue, or any other items resulting from the operations of the CONTRACTOR. 3. The cost of any cleanup which must be done by the OWNER shall be deducted from funds due the CONTRACTOR. Double layers of plastic sheeting (each at least 6 mil thick) shall be placed under any compressors, paint pumps, mixers, welding machines, etc., to prevent oils, solvents, organic compounds, or other contaminants from leaching into the soil. Any oils, solvents, organic compounds, or contaminants spilled on the site during the process of the Work shall be immediately removed and cleaned up by the CONTRACTOR B The CONTRACTOR shall grade and level the site upon completion of all work and Repair & Paint 009870 - 31 Countryview & Bluewater Tanks (2014) Job No. 41-459 Packet Pg. 284  grass the site with rye or other type grass that will provide cover to all disturbed areas. This work shall be completed at no extra pay to the CONTRACTOR. 3.12 REPORTS A. The CONTRACTOR shall complete the reports included at the end of this section for this project. The report shall be completed daily and sent to the Owner and Engineer for their review and records. B. No progress payments will be authorized for payment until acceptable completed reports are properly submitted. 3.13 PRODUCT PERFORMANCE CRITERIA Provide the following product information and manufacturers published performance data should coatings or coating system be submitted in lieu of the standard of quality established in the project documents. Should the data not be available in a published format, or if the duration of the test does not meet the specified requirement, please respond in the appropriate space with NT (Not Tested). A. Interior and Exterior Primer 1. Generic Type: Organic Zinc Rich Urethane Primer 2. Special Qualifications: Certified in accordance with ANSI/NSF STD 61 for contact with potable water in tanks of 1,000 gallons capacity or greater. 3. Solids By Volume: 63% 4. Zinc Content: 83% by weight 5. Test Criteria: Test Criteria Test Duration Proposed Product Test Results Rust @ Scribe: ASTM B 117 50,000 hours Plane Rust: Salt Spray (Fog) (Scribed Panel) Blisters: Rust @ Scribe: ASTM G 85 15,000 Hours Plane Rust: Prohesion Blisters: ASTM D 4585 Rusting: 4,000 hours Humidity Blistering: Repair & Paint 009870 - 32 Countryview & Bluewater Tanks (2014) Job No. 41-459 Packet Pg. 285  ASTM 4541 Average of Three Report PSI Adhesion Tests ASTM G8 Cathodic 30 Days Exposure Disbondment Immersion Service 7 years – No (Potable Water) Failure B. Exterior 1st Intermediate Coat 1. Generic Type: Polyamidoamine Epoxy 2. Solids By Volume: 67% 3. Special Qualifications: Certified in accordance with ANSI/NSF STD 61 for contact with potable water in tanks of 1,000 gallons capacity or greater. 4. Test Criteria: Proposed Product Test Test Criteria Test Duration Results Rust @ Scribe: ASTM B 117 10,000 hours Plane Rust: Salt Spray (Fog) (Scribed Panel) Blisters: Rust @ Scribe: ASTM G 85 5,000 Hours Plane Rust: Prohesion Blisters: ASTM D 4585 Rusting: 10,000 hours Humidity Blistering: ASTM 4541 Average of Three Report PSI Adhesion Tests CS-17 Wheel ASTM D 4060 Report mg loss / Average of 1,000 Gram Load Abrasion three tests 1,000 Cycles Immersion Service Rusting: 2 Years (Potable Water) Blistering Repair & Paint 009870 - 33 Countryview & Bluewater Tanks (2014) Job No. 41-459 Packet Pg. 286  C. Exterior 2nd Intermediate Coat 1. Generic Type: Aliphatic Acrylic Urethane. 2. Solids By Volume: 71% 3. Test Criteria: Test Criteria Test Duration Proposed Product Test Results Rust @ Scribe: ASTM B 117 9,000 hours Plane Rust: Salt Spray (Fog) (Scribed Panel) Blisters: Rust @ Scribe: ASTM G 85 10,000 Hours Plane Rust: Prohesion Blisters: ASTM D 4585 Rusting: 4,000 hours Humidity Blistering: ASTM 4541 Average of Three Report PSI Adhesion Tests CS-17 Wheel ASTM D 4060 Report mg loss / Average of 1,000 Gram Load Abrasion three tests 1,000 Cycles ASTM D 522 Method B Flexibility Cylindrical Mandrel ASTM D 4141, Gloss Retention: Method C 500 MJ/m2 Color Change: (EMMAQUA) ASTM D 2794 Direct Impact Report in/lbs: Impact Repair & Paint 009870 - 34 Countryview & Bluewater Tanks (2014) Job No. 41-459 Packet Pg. 287  D. Exterior Finish Coat 1. Generic Type: Fluoropolymer Urethane. 2. Solids By Volume: 60% 3. Test Criteria: Test Criteria Test Duration Proposed Product Test Results Rust @ Scribe: ASTM B 117 10,000 hours Plane Rust: Salt Spray (Fog) (Scribed Panel) Blisters: ASTM D 4585 Rusting: 3,000 hours Humidity Blistering: ASTM 4541 Average of Three Report PSI Adhesion Tests CS-17 Wheel ASTM D 4060 Report mg loss / Average of three 1,000 Gram Load Abrasion tests 1,000 Cycles ASTM D 522 Method A Flexibility Cylindrical Mandrel 1,500 MJ/m2* Gloss Retention: ASTM D 4141, UV Exposure Color Change: Method C (EMMAQUA) 3,500 MJ/m2* Gloss Retention: UV Exposure Color Change: ASTM D 2794 Direct Impact Report in/lbs: Impact % Gloss Retention: ASTM D 4587 16,000 hours Color Change: QUV Exposure Cycle 4: 8 hours UV - % Gloss Retention: 4 hours condensation 25,000 hours Color Change: ASTM D 5031 % Gloss Retention: 5,500 hours Weatherometer Color Change: Report: Color Retention 5 Years 45 Degrees Gloss Retention AAMA 2604-98 South Florida Chalking Film Erosion * Values must be presented in UV Exposure and not Global Exposure. Submitting Manufacturer shall provide a certified copy of the EMMAQUA test Report. Repair & Paint 009870 - 35 Countryview & Bluewater Tanks (2014) Job No. 41-459 Packet Pg. 288  E. Interior Finish Coat 1. Generic Type: Modified Polyamine Epoxy 2. Solids By Volume: 100% 3. Test Criteria: Test Criteria Test Duration Proposed Product Test Results ASTM D 4585 Rusting: 4,000 hours Humidity Blistering: ASTM 4541 Average of Three Report PSI Adhesion Tests CS-17 Wheel ASTM D 4060 Report mg loss / Average of three 1,000 Gram Load Abrasion tests 1,000 Cycles Immersion Potable Water 2 Years ASTM D 870 Rusting: Immersion 140F DI Water Blistering: ASTM D 870 2,000 Hours Cracking: Delamination: Edge Retention Report Edge Retention: MIL-PRF 23236 Tensile Tensile Strength: Strength/Elongation ASTM D 638 Moisture Vapor Perms: Transmission Metric Perms: ASTM D 1653 Repair & Paint 009870 - 36 Countryview & Bluewater Tanks (2014) Job No. 41-459 Packet Pg. 289  PRE-JOB CONFERENCE Project Location Meeting Place Date Time Owner General Contractor Owner Representative Engineer Representative Paint Contractor Representative Paint Manufacturer Representative All parties have read and understand specifications? Coating System Surface Preparation Preparation Sample Anchor Pattern Shop Primer Mils Dry Film Required Field Prep. Field Touch-Up Primer Mils Dry Film Dry or Cure Time 1st Finish Coat Mils Dry Film Recoat Time 2nd Finish Coat Mils Dry Film Recoat Time 3rd Finish Coat Mils Dry Film System Min. Dry Film Repair & Paint 009870 - 37 Countryview & Bluewater Tanks (2014) Job No. 41-459 Packet Pg. 290  DAILY COATING REPORTS Project Location Date Contractor Foreman Surface Prep Date Time Air Temp degrees F Profile: Spec ; Obtained ; Quality ; Time Completed Primer: Spec ; Used ; Air Temp degrees F; Surface degrees F Dew Point degrees F Dry Film: Spec mils; Obtained mils Paint Spec ; Item Used : Dry Time before Recoat Cure Time Allowed Dry Film: Spec mils; Obtained mils Relative Humidity percent; Time Completed Surface Temp degrees F; Wind Speed mph; Wind Direction _________; Time ________ Repair & Paint 009870 - 38 Countryview & Bluewater Tanks (2014) Job No. 41-459 Packet Pg. 291  TABLE 1 - Coatings Schedule (AS REVISED in ADDENDUM #2 – 2/3/14 to INCLUDE DRY INTERIOR COATINGS) Prime6 Intermediate #1 Intermediate #2 Final Total System Coating (mils - DFT) (mils - DFT) (mils - DFT) (mils - DFT) (mils - DFT) System Surface Prep Product4 Product4 Product4 Product4 Min 5 - Max 5 OCS-4 SSPC-6 Zinc-Rich Primer Epoxy Polyurethane Fluoropolymer Urethane (Modified) 2.5 - 3.5 3.0-5.0 2.0 - 3.0 2.0 - 3.0 10.0 - 16.5 Series 91-H20 N140 - 1255 1075 Endura-Shield Series 700 HydroFlon Hydro-Zinc Pota-Pox Plus ICS-5 SSPC-10 (Immersion) Zinc-Rich Primer 100% Solids Epoxy2 32.5 - 42.5 2.5 - 3.5 30.0 - 40.0 (42.5 - 52.5)3 Series 91-H20 Series FC22 Hydro-Zinc Epoxoline SSPC-6 (Other Areas) Zinc-Rich Primer Epoxy Epoxy 11.0 - 15.5 2.5 - 3.5 4.0 - 6.0 4.0 - 6.0 Series 91-H20 Series 20 Series 20 Hydro-Zinc Pota-Pox Pota-Pox Concrete SSPC-7 Acrylic Elastomeric Acrylic 4.0 - 6.0 Elastomeric Series 156 4.0 - 6.0 10.0 Enviro-Crete Series 156 Enviro-Crete 1 A stripe coat of epoxy shall be applied by brush to all weld seams, ladders, edges, etc., prior to receiving first intermediate coat on exterior surfaces and prior to the finish coat on interior surfaces. 2 All interior roof beams, sharp edges and other difficult to coat areas shall receive 40.0 – 50.0 mils of epoxy lining 3 Total Dry Film Thickness for roof beams, sharp edges and other difficult to coat areas 4 All products are as manufactured by Tnemec Company, Inc. Packet Pg. 292 5 Mil thicknesses for individual coats shall not exceed manufacturer’s written recommendation. 6 An additional coat of zinc-rich primer shall be shop-applied to the replacement ladders and other replacement parts. END OF SECTION 09870 Repair & Paint Countryview & Bluewater Tanks (2014) Job No. 41-459 009870 - 39 APPENDIX Packet Pg. 293 Packet Pg. 294 Packet Pg. 295 Packet Pg. 296 Packet Pg. 297  OKALOOSA COUNTY SAND DOLLAR LOGO POLYENGINEERING, Inc. Project No. 41-459 Paint and Repair Countryview and Bluewater Water Tanks Packet Pg. 298  RE, :iL ioi3MS CONTRACT & LEASE INTERNAL COORDINATION SHEET Contract/Lease Number: . Tracking Number: J 4 COntractor/Lessee Name:. _P. . . Grant Funded: YES NO Purpose &h à2 -i Date/Term 1 M GREATER THAN $50,000 Amount 2 LI GREATER THAN $25,000 Department. 3 $25,000 OR LESS Dept Monitor Name MJ4 Document has been reviewed and includes any aftachmenls or exhibits Purchasing Review Date: /,2 jo13 PureIcsticg Director or designee County Attorney Review Date:_ County Attorney Following Okaloosa County approval: Contracts & Grants Document has been received: Date: Contracts & Grants Manager Packet Pg. 299  C) Cs1C/) - < 0 0 9 cr ci) U) I oSQ @) Co uJ - Co 0 <0 o LiJ> L() Lo 0 cQ c CQ ODZ Q D 4: caOQ D LL Z (-) o OLL c zt >o 4r _iñ - 1A - - 4:> >- ciD iii Z 0 ,.* z uj 1-0 ) U) <4: D) -C/) E I - 00 Q) o Co 4-.. 0 o 0 Co i- '- rv D — m -c - > E o I- 0 U) 0 <0 uJ — a. ° 3 .2 Cl) 2 E 'ffi n N Co 4: 0 0 L1 — cJ Packet Pg. 300 Zan Fedorak From: Jeff Littrell Sent: Monday, February 10, 2014 8:54 AM To: Jack Allen Cc: Zan Fedorak; Kimberly Kilpatrick; Jeb S. Chessher; Beth Brant; Alice Gaston Subject: FW: Repair & Paint Countryview & Bluewater Tanks (WS 24-24) - Bid Award Recommendation Attachments: bid tab. pdf; bid recommendation_Poly. pdf; agenda narrative.doc; budget. pdf Jack, OCWS staff concurs with the recommendation from our consultants, Polyengineering, to award the bid to Repair and Paint Country View and Bluewater Tanks (WS 24-14) to American Suncraft Construction Co., Inc., they being the lowest responsive and responsible bidder meeting spec. A .pdf file of the consultant's letter of recommendation is attached to this email. We recommend bid award for a lump sum total of $543,475.00. If you have any questions or need anything else from us, please let me know. Jeff Littrell, Director Okaloosa County Water & Sewer System 1804 Lewis Turner Blvd, Suite 300 Ft. Walton Beach, FL 32541 850-651-7172 Please note: Due to Florida's very broad public records laws, most written communications to or from County employees regarding County business are public records, available to the public and media upon request. Therefore, this written e-mail communication, including your e-mail address, may be subject to public disclosure. From: Mark Wise Sent: Friday, February 07, 2014 2:33 PM To: Jack Allen Cc: Zan Fedorak; Beth Brant; Jeff Littrell; Kimberly Kilpatrick; Jeb S. Chessher Subject: Repair & Paint Countryview & Bluewater Tanks - Bid Award Recommendation Hijack, We are recommending this bid award to the lowest responsive, responsible bidder meeting specs - American Suncraft, with a bid of $543,475.00. They were the lowest bidder by far; they are definitely a qualified company to perform this work, as evidenced by all the tanks they've painted for us in the past. If it all possible, please aim to get this on the Feb 18 BCC agenda. Attached is information for the bid award. - Bid tab - Bid recommendation from Poly - Background narrative - Budget ... $700,000 is available in this line item Our department's official recommendation will be coming from Mr. Littrell this afternoon. (Thanks for the good work Beth!) Packet Pg. 301 Thanks, Mark Wise, P.E. Deputy Director Okaloosa County Water & Sewer (850) 651-7502 Please note: Due to Florida's very broad public records laws, most written communications to or from County employees regarding County business are public records, available to the public and media upon request. Therefore, this written e-mail communication, including your e-mail address, may be subject to public disclosure. Packet Pg. 302  C) C) C) C) C) C) C) C) C) C) C) C) C) C) C) C) C) C) C) C) C) C) o d C) d C) C) C)C) C) C) U) C) C) C) C) C) U) U) U) (N C) U) U) U). C 00 m - ,- 4o w ON U) U, (0(0) q. N: 69 ta Goa. W9. 69 64 -. > -. -. 0)6 A2 LLI C) C) C) C) C) C) C) C) C) C) C) g g C) 0 Cc ' c U) g g g g U) (0 U) C) U, (N C) U) U) U) U) C.) c U) 49 69 69 0(3 69 69 69 0(9 69 -i i C) 0(U) H o C) C) C) _ . C) C) cD C) C) C) C) C) C) c5 C) C) CC C) C) C) C) C) C) C) C) C) C) C) C) C) 00 C (N U) 0 0 C) (0 C) C) C) C) C) - (N ° N 0 U) 0) U)U) -C (N N-N. 0(3 69 (#6 69 .gj #9 69 C) C) C) C) C) C) C) C) C) C) C0 EO I C) C) C) cz. 0 ID o C) C) C) C) C) C) C) C) C) C) N.. C) C) U) (0) C) C) C) 0 U) at C) 0 N 5z z 0) ("C ((3 69 69 0(3 0(9 0(3 69 69 69 69 cD g C) C) C) C) C) - C) 0 C) 00 C) 0 0 0 0 0 0 0 00 (0 1" o C) (0 C) C) (N C) (0 (N ON (N C') N-N- C,c (a - 69 69 69 0(0) 69 69 69 6R. 43 69 69 (#6 -e ' o C O W 0 0 Cl) C'J C) C) 0 C) C) C) C) ° ° C) C) C) -1 C) C) C) C) CC W C) C) 00 C.) C) C) 00 C) Z c5 od c 0:z I- (N Cl)I 69 69 6% 4.9 69 3 - C) C) o C) C) C) C) C) C) C) C) C) C) C) C) C) C) 0 0 C. o H C) 0 C) C) C) C) U) C) C) C) C) C) (0) C) 0 U) U) 00 00 U) 00 00 00 0 d N: c'S LLI c/)D o, U) IS 69 63 69 0(3 69 49 0(9 69 69 0(3 6969 LL 0 uj C) C) C) C) C) C. C) C) C) C) 0 0 < C) C) C) C) C) C) C) C) Z U- C) co d c, 00 00 N: i=0 LLJ (N C') Of a:i - 49 49 Cd) 69 #9 #9 49 69 69 49 '0 0) 3 LU a . 0) ). D (I) 0 - •'1' ' C Cl) 0 C 8 •E 0) • .5 0) Li 00 C ó - >- 0 113 LU 0z 0 C 0 '0 U) E0, • - (a 0 CU - CS LU C .(C LU (a C 0 U. .ài •E o 0) 00 0) . Cs uJ = 0 cr- 0)0)0) (a (a I 1€ U) • 0. 0) CD C 0I •. .1 .( (a .5 0) .2 I- 22 (0 l 1 0) 0 CC ig 0 0 C 0 U) .0 C C 0) OW U CO 0) I-• (a (a (a (a 0 ' (a .0 .0 Fn > U C -D LU E0) E(a .0 0 - CC CE 0 I— 0) :C :- a 0) 00 0. o CC) (N C CE EE 0 -C C = . 0) 00 0) =I E = . 0. 0) z jill C0 =(a 0 1113 5 D > .5 () (a (a -0) CC ) 0 12 .o0'E2 .0 U) •0)W se 0)5 E.- - . I LU . M. _J (N 0) C OW E E EE U LL..LL0LL0) U) L LL L U) co IL 2 01 ( (N z (N C U)l Co WI LLI 4- 0)0) 0) QIdI I Z1 _ W Lii i N. 00 0) (01 WI :2 -,z a) QI' Packet Pg. 303 IP To: Jack Allen POLYENGINEERING, INC. ARCHITECTURE. ENGINEERING. SOLUTIONS. Okaloosa County Purchasing Date: 2/18/2014 LETTER OF TRANSMITTAL Job No: 41-459 Re: Repair and Paint Countryview and Bluewater Tanks (2014) WE ARE SENDING YOU U Attached 0 Under separate cover via ,the following items: U Shop Drawings U Specifications Plans 13 Samples D Prints U Copy of Letter U Change Order 0 COPIES NO. DESCRIPTION 5 1 I - Contract Documents (above referenced project) CD containing PDF of Contract Documents D For Approval U No Exception Taken U Resubmit Copies for Approval U For Your Use U Make Corrections Noted U Submit Copies for Distribution U As Requested U Revise and Resubmit U Return Corrected Prints U For Review and Comment U Submit Specified Item U For Bid Due D Rejected THESE ITEMS ARE TRANSMITTED AS CHECKED BELOW: REMARKS Please find enclosed five sets of Contract Documents and one CD for the Repair & Paint Counrtyview & Bluewater Tanks project. After they have been executed, please return two sets, one for POLY's file and one for the Contractor. COPY TO: 41-459C SIGNED: 13eth03rct4'lt P. 0. Box 841 • Shalimar, Florida 32579 • Phone: (850)609-1100 • Fax: (850) 609-1101 www. polyengineering.com Packet Pg. 304  IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on 2014 (which is the Effective Date of the Agreement). OWNER CONTRACTOR BOARD OF COUNTY COMMISSIONERS, OKALOOSA COUNTY, FLORIDA AMERICAN SUNCRAFT CO., INC. By: Kelly Windes (Chairman) [SEAL] SEAL] Attest Attest Gary Stanford Deputy Clerk of Courts - Address for giving notices: Address for giving notices: 302 N. Wilson St., Suite #203 10836 Schiller Road Crestview, FL 32536 Medway, Ohio 45341 Designated Representative: License No. X)h~ (Where Applicable) Name: flVkt&)L& Title J &kc.i. Agent for Service of Process: Address: L&)ITt'trer F1P 1L- Phone: 'S0-1c5I 1i16I_7S6. Designated Representative: k'A- /j k'rnl) iz..... Facsimile: 77 Name: i' y krr,d_ Title:dt73 r aMrh ee2 /15i :iij ex0eI8J~,dQ Z'r4'-€..' Address: Thad- on l.'C 5 3'7/7 Phone: '7193 Facsimile: . 53OJ END OF SECTION 00500 Repair & Paint Countryview & Bluewater Tanks (2014) 00500-8 Job No. 41459 Packet Pg. 305  - CGR1J CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS F 1 1301214 CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(Ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). RODUCER CONTACT Debra Brummett C!SR. MLIS rower Insurance Agency )9 E. Monument Ave. Suite 400 r2r. xti:51 3-707-5011 E-MAIL . P4oN51 3-707-5671 ayton OH 45402 ADORES S:dbrUmmett@brOWenflSUranCe.cOm INSURER(S) AFFORDING COVERAGE NAIC # INSURER A :Torus Specialty Insurance Co 25496 ISURED AMERS8C INSURERB:WeStfield Group 24112 merican Suncraft Construction INSURER C: 0836 Schiller Rd INSURER 0: ledway OH 45341 INSURERS: INSURER F: ;OVERAGES CERTIFICATE NUMBER: 361155712 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS SR Il POUCY EF POUCY EXP rn TYPE OF INSURANCE INISR WVD - POLICY NUMBER (MWODIYYYY) (MM/DOIYYYY1 LIMITS GENERAL LIABILITY Y V TRA0756627 /1/2014 11/2015 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED I COMMERCIAL GENERAL LIABILITY PREMISES (Es occurrence) S500,000 CLAIMS-MADE OCCUR MED EXP (Any one person) $5.000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE 1 $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO $2,000,000 R I POLICY fl F 8f fl toc - - LIMIT $ - AUTOMOBILE LIABILITY V ( TRA0756627 /112014 /112015 (Ea accident) $1,000,000 X ANY AUTO BODILY INJURY (Per person) $ I ALL OWNED AUTOS SCHEDULED AUMS NON-OWNED BODILY INJURY (Per adent) $ PROPERTY DAMAGE HIRED AUTOS AUTOS (Per ac ci dent) - Hired Car PD $125,000 EDRELLA UAB Y N 31164C141AL1 /1/2014 /1/2015 $9,000,000 = [J OCCUR EACH OCCURRENCE X ESS UAB CLAIMS-MADE AGGREGATE $ - EI RETENTIONS - N RA0756627 /1/2014 /1/2015 0TH- Employers Uab. - AND EMPLOYERS' LIABILITY YL IMITS ER YIN ANY PROPRIETOR/PARTNERJEXECUTIVE EL EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED' N IA (Mandatory In NH) E.L. DISEASE - EA EMPLOYS $ If yes, descibe under DESCRIPTION OF OPERATIONS below - E.L. DISEASE - POLICY LIMIT I $ Leased/Rented Equipment TRA0756627 /1/2014 11/2015 L/R Equip. Limit 225,000 Deductible: 1,000 SCRIP110N OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, It more space is required) 'oject: Repair and Paint Countryview and Bluewater Tanks 2014 )Iyengineenng and Okaloosa County Board of County Commissioners are areincluded as Additional Insured with respects to the above neral Liability as required by written contract. TIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. Okaloosa County, Florida 302 N. Wilson St. AUTHORIZED REPRESENTATIVE Crestview FL 32536 @1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are reister CORD 25 (2010105) C Packet Pg. 3064 fi  - - 1 0 DATE(MMJDD ACO RD CERTIFICATE OF LIABILITY INSURANCE 1/ 0I2Q14 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(Ios) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certIficate does not confer rights to the certificate holder In_lieu_of such_endorsement(s). CONTACT PRODUCER NAME Debra Brum Brower Insurance Agency FAX 409 E. Monument Ave. buite 400 t E-MAIL Dayton OH 45402 AsoRE so. dbrummettbrQweflJ1Surance.cOm INSIJRELAYFORD1N0 COVERAGE NAIC U INSURER :Tpms Spealty lnsuence Co 25496 INSURED AMERS8C INSURERS :Westfield Group ______________________ ?_4112 American Suncraft Construction INSIJRERC: 10836 Schiller Rd INSURER 0: Medway OH 45341 INSURER E:_ INSURER F: COVERAGES CERTIFICATE NUMBER: qR1 1719 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLiCY EFF TYPE OF INSURANCE MSP p POLICY NUMBER (MWDO/YYYY) I UNITS______________ B GENERAL LIABILITY Y Y TRA0758627 /112014 11112015 EACH OCCURRENCE $1000000 X DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PIIEMISES (Es oCoaTanCe) $500,000 1 CLAIMS-MADE OCCUR MEDEXP(Myoeperson $5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,00,000 O,00D GENL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $2,000,000 B POLICY [1JPFRei P1 LOG COMMINBU SINGLE UNIT $ AUTO$IOBILEUABIUTY Y TP.A0756627 1/112014 /1/2015 (Edent} s1,000.000 X ANYAUIO BODILY INJURY (Per person) $ - ALL OI.M.JEDfl1 SCHEDULED BODILY INJURY (Per acdent) $ - AUTOS L I AUTOS NON-OWNED PROPERTY DAMAOE $ - HIRED AUTO S AUTOS jEMccdenh) Hired Car PD $125000 A UMBRELLA LIAB X OCCUR '' N 31164C141AL1 /1/2014 11/2015 EACH OCCURRENCE $9,000,000 X EXCESS LIAB I Cl-AIMS-MADE AGGREGATE $ - PED I I RETENTIQN $ WORKERS COMPENSATION I WC STATU- I lplH. $ B - N TRA0756627 111/2014 11/2015 Employers Liab. AND EMPLOYERS' LIABILITY YIN I TORY LIMITS I I ER ANY PROPRIETOR,PARTNERIEXECUTIVE [j] El EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (Mandatory In NH) E.L. DISEASE - EA EILOY $ luau desalne under - DSÔRIPTION OF OPERATIONS beI - E.L. DISEASE - POLICY LIMIT $ B Leaaed!Rented Equipment TRA0756027 111t2014 /1/2015 hR Equip. LImit: 225.000 Deductible: 1,060 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, AdditIonal Remulc5 Schedule, if more apace Is required) Project: Repair and Paint Countryview and Bluewater Tanks 2014 Polyengineering and Okaloosa County Board of County Commissioners are areinclUded as Additional Insured with respects to the above General Liability as required by written contract. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. Okaloosa County, Florida 302 N. Wilson St. AUTHORIZED REPRESENTATIVE Crestview FL 32536 L LA:i;: I I (S)lWrn-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD Packet Pg. 307  POWER NO. 3401942 07 General Power V Westfield Insurance Co. of Attorney Westfield National Insurance Co. Ohio Farmers Insurance Co. CERTIFIED COPY Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a Company and collectively as Companies, duly organized and existing under the laws of the State of Ohio, and having its principal office In Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint THOMAS D. CASSADY, LOUIS R. FISHER, THOMAS W. CHATHAM, PAULETTE M. AERNI, FRANK J. LECH, PAUL J. SCHUELER, JR., RICHARD A. DAVIS, ANNE TIERNEY, LINDA L. HOGLE, JOINTLY OR SEVERALLY of CINCINNATI and State of OH its true and lawful Attorney(s(-In-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyshIp - - - - - - - - -- - - - - - - - - -- - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - - - - LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney (s)-in-Fact may do In the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary. 'Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Each adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 21st day of JANUARY AD., 2008 - Corporate WESTFIELD INSURANCE COMPANY Seals !,...... Affixed f,/ Jo...' ?*\ WESTFIELD NATIONAL INSURANCE COMPANY OHIO FARMERS INSURANCE COMPANY t(SEAL)) ( SEAL . "S ,' •• VP State of Ohio County of Medina ss.: Richard L. Kinnaird, Jr., Senior Executive On this 21st day of JANUARY AD., 2008 , before me personally came Richard L. Kinnaird, Jr. to me known, Who, being by me duly sworn, did depose and say, that he resides in Medina, Ohio; that he 15 Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described In and which executed the above instrument: that he knows the seals of said Companies: that the seals affixed to said instrument are such corporate seals: that they were so affixed by order of the Boards of Directors of said Companies: and that he signed his name thereto by like order. State of Ohio I William J. Kahelin, A rney at Law, Notary Public My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) County of Medina ss.: C OF I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect: and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this .111. 5 'day of Fi,hri,a r/ 701 ..I - C. -:''' ' /0." •.. tE\? SE AL)I r ( SEAL %.. 1848 /_)44 Frank A. Carri no'creta Scr:ury BPOAC2 (combined) (06.02) Packet Pg. 308  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: March 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Surety Land Title, LLC SUBJECT: Okaloosa Island Leasehold Conversion Request Documents submitted by Surety Land Title of Florida, LLC for an Okaloosa Island Leasehold Conversion are attached. Packet Pg. 309 Surety Land Title of Florida, LLC 4100 S Ferdon Blvd - B3, Crestview, FL 32536 850-423-4613 office 850-423-0542 fax March 4, 2014 Ernie Padgett County Administrator Okaloosa County, Florida Re: Leasehold/Fee Simple Conversion Surety Land Title of Florida, LLC hereby presents for the Board’s consideration at the March 4, 2014 meeting of the County Commissioners a Resolution directing Surety Land Title of Florida to prepare Quitclaim Deeds for the accepted bidders of particular properties referenced therein. Once approved, Quitclaim Deeds for the accepted bidders for the particular properties will be sent to the Board Chairman’s office for his signature. Please let us know if you have any questions or need further information. Thank you for your consideration. Billie Jene Martin Processor/Receptionist Surety Land Title 4100 South Ferdon Blvd, Suite B3 Crestview, FL 32536 Packet Pg. 310  OKALOOSA ISLAND LEASEHOLD CONVERSION RESOLUTION NO. _____________ WHEREAS, the person(s) named below is/are the leaseholder(s) of record who has/have submitted the successful highest bid for the County’s Resolution Reversionary Interest in the parcel(s) described therein set immediately below such Bidder’s name(s); David V. Kosiewski and Gillian M. Kosiewski Lot 381, Block 7, Revised Plat of Santa Rosa Island Blocks 6 and 7, according to the map or plat thereof, recorded in Plat Book 2, Page(s) 168, of the Public Records of Okaloosa County, Florida. NOW THEREFORE, the County’s Contractor, Surety Land Title of Florida, LLC. Is directed to prepare a quit claim deed, in previously authorized format, conveying the County’s Reversionary Interest to the successful bidder(s) for the signature of the chairman of the Okaloosa County Board of County Commissioners, and; Surety Land Title of Florida, LLC. Is further directed to complete the closing of the conveyance transaction by quitclaim deed to the successful bidder(s). THIS RESOLUTION was unanimously approved by the Okaloosa County Board of County Commissioners on ________________________, 2014. (OFFICIAL SEAL) OKALOOSA COUNTY BOARD OF COUNTY COMMISSIONERS ATTEST:____________________ By: ______________________________ Charles K. Windes, Jr., Chairman Clerk or Deputy Clerk Of Circuit Court Packet Pg. 311  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: March 4, 2014 TO: Honorable Chairman and Members of the Board FROM: All SUBJECT: Sunshine Week Proclamation Commissioner Parisot, a charter member of the Sunshine Brigade (established 2010) of Florida's First Amendment Foundation has requested staff prepare and attached a draft Proclamation for the 2014 Sunshine Week which is March 16-22. Packet Pg. 312  P ROCLAMATION WHEREAS, James Madison, the father of our federal Constitution, wrote that “consent of the governed” re- quires that the people be able to “arm themselves with the power which knowledge gives,” and WHEREAS, every citizen in our participatory democracy has an inherent right to access to government meet- ings and public records, and WHEREAS, an open and accessible government is vital to establishing and maintaining the people’s trust and confidence in their government and in the government’s ability to effectively serve its citizens, and WHEREAS, the protection of every person’s right to access public records and government meetings is a high priority with the Okaloosa County Board of Commissioners, and WHEREAS, the Board of Commissioners has enhanced its transparency to the public by posting budget docu- ments of the Board and all County constitutional offices, and all Board meeting agendas to the County website, and implemented processes in May 2010 whereby the public may view Board meetings via live streaming on its website (co.okaloosa.fl.us) and all such meetings are video recorded for later viewing, and WHEREAS, in November 2012 the Board of Commissioners expanded the openness of its meetings by posting full agenda packets of meeting information on the County website, and WHEREAS, in 2013 the Okaloosa County website was rated A-plus by Sunshine Review, and WHEREAS, the Board of Commissioners has adopted policies whereby all Board meetings and workshops are publicly noticed, open to the public to attend, and interested parties may speak to issues before the Board at such meetings, and WHEREAS, the Board of Commissioners has implemented policies whereby any request for public records are met in a timely manner, NOW, THEREFORE, BE IT RESOLVED the Okaloosa County Board of Commissioners hereby proclaims the Week of March 16 - 22, 2014, to be Sunshine Week in Okaloosa County and commits to work diligently to enhance the public’s access to government records, information, and meetings. DULY PASSED AND ADOPTED this 4th day of March 2014. BOARD OF COMMISSIONERS OKALOOSA COUNTY, FLORIDA ATTEST: _________________________________ CHARLES K. WINDES, JR. CHAIRMAN ___________________________ DON W. HOWARD CLERK OF CIRCUIT COURT Packet Pg. 313  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: March 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Zan Fedorak SUBJECT: [PUR]Purchase One Heavy Duty Diesel Powered Horizontal Grinder DEPARTMENT: Purchasing BCC DISTRICT: All STATEMENT OF ISSUE: Seeking Board approval to purchase one (1) heavy duty diesel powered grinder from Heavy Machines, Inc. for the Public Works Solid Waste Department. BACKGROUND & ANALYSIS: Bids were opened on December 11, 2013 to purchase one (1) heavy duty diesel powered horizontal grinder; seven (7) bids were received. The lowest responsive bid, meeting specifications, was from Heavy Machines, Inc. for a total of $605,000.00. Purchasing is seeking Board approval to purchase the horizontal grinder from Heavy Machines, Inc. as the lowest responsive bid. A bid sheet is attached to this agenda item to reflect all bids received. Per a request from Public Works, we are also seeking Board approval for Finance to transfer funds from the Solid Waste enterprise reserve account to a capital equipment account for this purchase. OPTIONS: Approve/disapprove the funds transfer and purchase of one (1) heavy duty diesel powered horizontal grinder from Heavy Machines, Inc. RECOMMENDATION: Purchasing staff recommends approving purchase of one (1) heavy duty diesel powered horizontal grinder. Public Works staff recommends approval of the funds transfer. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 314  RECEIVED NOV CONTRACT & LEASE INTERNAL COORDINATION SHEET Contract/Lease Number: Number: 75 - Contractor/Lessee Name: . LL PV i Grant Funded: YES_ NOV Purpose: Date/Term 1 F1 GREATER THAN $50,000 Amount 2 LII GREATER THAN $25,000 Department: P \t) 3. LI $25,000 OR LESS Dept Monitor Name di).ce Document has been reviewed and includes any attachments or exhibits. Purchasing Review Pro ement requi m ts 9e met AJ AHII Date lI - ( -/ 3 Putch sin Directo(Or designee Risk Management Review Approved as itten Risk, fihager or d signee Date: /A County Attorney Review Ap CyAttorne?' Date: /--2/ Following Okaloosa County approval: Contracts & Grants Document has been received: Date: Contracts & Grants Manager Packet Pg. 315  0 o C c I— 0 0 -.0 a - N-. E (1) 0 -c 0 o — C Q I— 0 c, c) 0) N-I a a 0 cc C a) E 0 a u Lo (I) 0 in 0 C NI C O 0 0 C 0 o 0 CD o E 0 CD U) 0 a) 0 o CD C 0 - 0 0 C 0 o a; LO CN a a) 4)-. - E 0 -c I- iii 0 vi 0 a) 0 a) 0 a- E a) OR E a; > rl > U) 0) 0 - - =o - -2 0 o o cft -0 CL - U a) a) > cc cc a) - U Ii) - -a a- o 0 Packet Pg. 316 Joanne Kublik From: John Hofstad Sent: Tuesday, February 25, 2014 1:22 PM To: Joanne Kublik Subject: RE: Bid# PW 15-14 Bid Analysis Joanne, I concur with staff's recommendation and agree with moving forward. Thanks and let me know if you need anything additional. , John Hofstad Public Works Director Okaloosa County Public Works ig 1759 South Ferdon Blvd. Office (850) 423-4826 Fax (850) 689-5786 Please note: Due to Florida's very broad public records laws, most written communications to or from County employees regarding County business are public records, available to the public and media upon request. Therefore, this written e-mail communication, including your e-mail address, may be subject to public disclosure. From: Joanne Kublik Sent: Tuesday, February 25, 2014 1:08 PM To: John Hofstad Subject: FW: Bid# PW 15-14 Bid Analysis Mr. Hofstad - would you please approve or disapprove the e-mail below from Jim Reece? I need this documentation for the file and the agenda request. Thank you. Jo Kublik Joanne Kublik, Contracts and Lease Coordinator Okaloosa County Purchasing Department 602-C North Pearl Street Crestview, Florida 32536 (850) 689-5960 jkublik@co.okaloosa.fl.us Please note: litie to Florida's very broad public records laws, niosl written c InluttnicaOons to or from County employees regarding County business are public records, available to the public and media upon ropiest. Tbi'reli,re, this written e-mail communication, including your e-mail address. maY be suhiect to public disclosure, From: Zan Fedorak Sent: Tuesday, February 25, 2014 7:41 AM To: Joanne Kublik Subject: FW: Bid# PW 15-14 Bid Analysis FYI From: Jim Reece Sent: Sunday, February 23, 2014 8:00 PM To: John Hofstad Packet Pg. 317 Cc: Jason Autrey; Jack Allen; Zan Fedorak Subject: Bid# PW 15-14 Bid Analysis Resent due to some typos in the email I just caught............Jim Mr Hofstad, We have reviewed the low bid submitted by Heavy Machines Inc representing the Diamond Z model DZH6000. We (Darryl Roper and Mark McCranie) have seen an equivalent model perform in Lake City, FL in a similar setting as ours, and were satisfied with its performance as well as the daily maintenance aspects of the machine. We are confident that it will do the job for us. Additionally, we spoke with references listed in the bid response and all were pleased with Diamond Z equipment, and some mentioned that after using other brand names through the years that they preferred Diamond Z. We have also reviewed the exception listed on the second page in the first attachment and determined them to be satisfactory to our operation. One exception that was not addressed in the bid response was the issue of a "Magnetic End Pulley." Apparently, this was an oversight on the part of the respondent who has confirmed in a separate email (attached) that their bid included this feature in the bid price; they just failed to check mark "Yes." We would recommend that we move forward with a recommendation to the Board that we accept the low bid meeting specs from Heavy Machines Inc as being in the best interest of the County. Jim Jim Reece, CHMM Okaloosa County Recycling Office (850) 609-6168 ireececo.okaloosafl.us Please note: Due to Florida's very broad public records laws, most written communications to or from county employees regarding county business are public records, available to the public and media upon request. Therefore, this e-mail communication, including your email address, may be subject to public disclosure and public record retention requirements. Packet Pg. 318 System for Award Management Page 1 of 1 Search Results Current Search Terms: Heavy* machines* Inc.* Notice: This printed document represents only the first page of your SAM search results. More results may be available. To Glos print your complete search results, you can download the PDF and print it. No records found for current search. Searc Resul Entity Exclus Searc Filten By Re( Status By Functic Area - Manag By Functic Area - Perfort Inform on SAM I System for Award Management 1.0 IBM vl.1466.20140121-1343 --* Note to all Users: This is a Federal Government computer system. Use of this system constitutes consent to monitoring at all times. Packet https://www.sam.gov/portal/public/SAM/?portal :componentld=66fdb602-77f6-4baO-9 14a-... Pg. 319 2/25/2014 Warranty 1. We offer 1 year/ 1000 hour warranty on the grinder. Hammer Mill Cutter Bar: The cutter bar shall be in two interchangeable sections at least 1 1/a" thick, hard faced on high wear areas for increased durability and wear life. The cutter bars shall be bolted in for ease of maintenance. The cutter bar is the initial point of material impact that provides protection from wear and impact to the screens. Packet Pg. 320 Heavy Machines Inc Horizontal Grinder Exceptions H000er and Feed Assembl 11. [3.9] Automated Feed System: The material in-feed system shall automatically stop in the event that engine RPM drops below a preset level. This level shall be push-button settable. The in-feed system shall stop in the event of overly high hydraulic pressure, if this pressure does not lessen within 3 seconds, the feed system shall automatically reverse to clear the blockage. Processed Material Discharge System 3. [4.2] Phase II Conveyor: The horizontal grinder shall have a freestanding stack out conveyor with minimum dimension of 36" wide x 29' long. The conveyor shall be capable of stacking into a 14' high trailer, for easy loading into trucks and trailers. A hydraulic motor that "pulls" the belt shall drive the conveyor. The conveyor drive motor and pulley shall be shock protected by an E30 Omega elastic type coupler. This conveyor shall also have reversing capabilities. Engine Specifications 9. Max capacity is 35 gallons. General Information 17. Main Frame: Each main frame rail shall be constructed from one piece of 24" x 55 lb. Wide flange beam steel, to provide adequate support for the grinder during operation and transportation. Step in frames are unacceptable. Hammer mill 6. Cutting Anvil 1 '/2 " thick. Hammer Mill Cutter Bar: The cutter bar shall be in two interchangeable sections at least 1 34" thick, hard faced on high wear areas for increased durability and wear life. The cutter bars shall be bolted in for ease of maintenance. The cutter bar is the initial point of material impact that provides protection from wear and impact to the screens. 2. Screen area —4320 square inches. Packet Pg. 321  BID SHEET Date: BID #: PW15-14 BID ITEM: (1) EA NEW 2013 HEAVY DUTY DIESEL POWERED HORIZONTAL GRINDER. Make . b cc&d 2_ Model b -2_ ¶-ç QO() Year .O \1 Unit Price - $ DELIVERY TIME MAXIMUM: S - D u.ec..S BID PRICE DELIVERED: Qo,5,coo. Remarks: ANTI-COLLUSION STATEMENT: The below signed bidder has not divulged to, discussed or compared his bid with other bidders and has not colluded with any other bidder or parties to bid whatever. (Note: No premiums, rebates, or gratuities permitted either with, prior to, or after any delivery of materials. Any such violation will result in the cancellation and/or return of material (as applicable) and the removal from bid list(s). Bidder's Company Name ru-thorized nature - Manual 319 - Rc Authorized Signature - Typed (vçMt J TI'J Sck/ fr(-' y r Address Title CIO O-2'1 Phone # Fax # cc Federal ID # or SS # E-mail address Page 25 Packet Pg. 322  BID SPECIFICATIONS FOR (1) EA HEAVY DUTY DIESEL POWERED HORIZONTAL GRINDER ,, w-,*u olf4\ ofcounrnrn ( BID#: PW15-14 BID OPENS: DECEMBER 11, 2013 @3:00 P.M. Packet Pg. 323  SPECIFICATIONS BID #: PW 15-14 BID ITEM: (1) EA NEW, HEAVY DUTY DIESEL POWERED HORIZONTAL GRINDER. Okaloosa County, Florida will accept bids for One (1) diesel powered heavy duty industrial horizontal grinder consisting of a hamrnermill, hopper and lnfeed Roller integrated into one complete and towable unit. Horizontal Grinder must have been specifically designed as a wood waste grinder. It shall be new and unused. The units required and covered by these specifications shall be the manufacturer's latest production model and shall be equipped with all standard equipment in accordance with the manufacturer's latest literature; copies of which must accompany the bid along with any and all specifications necessary to verify that the unit meets or exceeds each and every one of the following specifications. Bidder is required to complete blank spaces as provided by each line item of equipment. To show compliance plainly list item of equipment offered on bid. Check YES or NO meeting specifications and list any exceptions. ENGINE SPECIFICATIONS 1. Power Unit: Caterpillar C- 27 Diesel Engine with a minimum intermittent _ flywheel horsepower of 1,050 HP Yes No 2. Engine Rating: Engine shall be rated by OEM for wood chipping and grinding operations. Yes No 3. Clutch: PT Tech Wet Clutch Yes No 4. Air Cleaner: Dry type air cleaner with centrifugal pre-cleaner and a plastic shield. Yes No 5. Oil Filter: Full flow oil filter - spin on type Yes No 6. Shut-Down: Engine equipped with automatic emergency shutdown _____ to protect against high coolant temperature and low engine oil pressure. Yes No 7. AntI-Freeze: Minimum anti-freeze protection 200 Fahrenheit. Yes No 8. Gauges: To include hour meter, ammeter, and water temperature and low engine oil pressure. Site gauges for fuel and hydraulic fluid levels acceptable. Yes No Cooling System: Heavy duty cooling system with a coolant capacity of 41 gallons. • t't4L..Y Yes No 10. Electrical System: Minimum 24 volts. 'IQ..5 Yes No Page 2 Packet Pg. 324  Alternator: Minimum of 95 amps, 24 volts. co t.4L C15 Yes No 12. Batteries: (2) 1400 C.C.A., 12 volt batteries. _____ Yes No 13. Reversing Fan: Engine shall be equipped with a hydraulic reversing fan capable of being programmed to automatically reverse. Yes No GENERAL INFORMATION 1. Maximum Length: 50' transport length. Iles Yes No 2. Maximum Height: 13' 6" maximum transport height. Yes No 3. Maximum Width: 12'. Yes No 4. Minimum Weight: 90,000 pounds. Yes No App. Tongue Weight: 30,000 pounds. A/p - (.Ue 5 OCO Yes No 6. Fuel Capacity: Minimum 400 gallons 'ks Yes No 7. Hydraulic Capacity: Minimum of 100 gallons. Yes No 8. Stabilizers: Two (2) hydraulically operated stabilizers (hand-crank mechanical type unacceptable). Yes No 9. Axle Assembly: Tr-Axle air ride suspension with a minimum weight rating of 20.700 pounds per axle. Approximate axle weight = 59,000 pounds. Yes No 10. Tires: (12) 255-70 R x 22.5 Radials. Yes No 11. Brakes: Air 'e , Yes No 12. Towing: Sliding King hitch for highway towing. Yes No 13. Lighting: Shall meet or exceed I.C.C. standards. IC-S Yes No 14. Remote Control: (16) function radio and 50' tethered back-up system. 'Yt,S Yes No 15. Anti-Theft: Machine shall be equipped with lockable tool boxes, electrical boxes, fuel tanks and hydraulic tanks, ad come with two Yes No (2) sets of keys 16. Air Compressor: A Saylor-Beall, 11 HP air compressor or a comparable S$S industrial rated air compressor shall be counted on the machine Yes No An air wrench, hose and socket (for the inserts) shall be supplied. Frame: Uni-body constructed tubular steel frame with a minimum tensile strength of 58,000 pounds per square inch. Yes No ,' Page 3 Packet Pg. 325 HOPPER & FEED ASSEMBLY 1. Minimum Length: 176". _____ Yes No 2. Maximum Width: 71.5" at floor level and 85' at the flare. _____ Yes No 3. Minimum Depth: 36" Yes No 4. Hopper Walls: 1/4 " A 572 GR50 steel plate with a tensile strength rating of 65,000 pounds per square inch and ' /4 " AR400 wear plate strips under the Yes No drive chain. 5. Hopper Floor: 3/8" A572 GR50 Steel with a tensile strength rating of 65,000 'YeS pounds per square inch and '/4 " AR400 wear plate strips under the Yes No drive chain. Load Height: Maximum of 9'. Yes No 7. Opening at Mill: 50" high x 71.5" wide maximum CAM 11 X 50 1, Yes No 8. Hopper Size: Minimum Capacity of 10 cubic yard. _____ Yes No 9. Feed Wheel: One (1) 34" diameter x 64" wide, top compression, pegged 'Its. Feed wheel powered by (1) internal hydraulic motor maximum. Yes No 10. Bed Chain: 17' 6" hydraulically driven live floor equipped with (5) strands _____ Of WDH-120 chain in a staggered configuration Yes No (welded flat slat chain acceptable) 11. Auto Feed System: MJ.C.S feed system which will automatically adjust, feed rates, feed wheel position and hydraulic pressures to optimize Yes No production. p Lao Processed Material Discharge System 1. Discharge System: Processed material from beneath the hammermill shall be transferred to a stacking conveyor at the rear of the unit by a 48" wide Yes No (minimum) wide, horizontal, aggregate grade belt conveyor. 2. Stacking Conveyor: Describe the type of discharge conveyor system used on your equipment. The county reserves the right to heavily weight this when Yes No making a recommendation to purchase. Provide a descriptive brochure (if available) showing the system. 3. Magnetic End Pulley: Pulley shall be 14" diameter x 42" long. Belts driven from the bottom pulley will not be considered. The magnetic field must Yes No produce a rating of not less than 1.400 gauss at the surface and be mounted to the drum shaft with B-Loc Style mounting system. Hubs welded to the shaft are unacceptable. Page 4 Packet Pg. 326  Hamm erm ill 1. Hammermill: 42" diameter x 68" wide mill. Yes No Holder & Inserts: There shall be (12) (minimum) thick balance 4140 forged steel fixed teeth insert holders equipped with (12) 3-3/4" Yes No forged wide double-edged replaceable carbide teeth inserts and (18) rakers. (, Hammermili RPM: Minimum of 1000 RPM. - 'ks Yes No 4. Hammermlli Drive: (10) 8V2800 Belts. Yes No 5. Hammerhill Shaft: 9" diameter, 4340 HR-Q&T-SR-UT steel shaft with 5-3/16". Yes No ) Cutting Anvil: (1) 2-1/2" thick, two sided, cutting anvil. Anvil shall be _____ removable using bolts from outside of machine. C- 112. Yes No C,-. J Sizing Screens 1. Screens: One set of (2) 6" hexagon, AR450 steel screens shall be provided. Screens must be easily interchangeable without having to enter grinding Yes No chamber or use bolts to remove. 2. Screen Area: Minimum of 5,661 square inches. A/c' - Yes No Engine & Hammermill Protection System 1. Protection System: List any system available used to protect the engine, clutch and hammermili. Warranty 1. Horizontal Grinder: One (1) year unlimited hours on the horizontal grinder No assembly, trailer and hammermill assembly according to the terms Yes No specified in the Manufacturer's Warranty Policy. 2. Clutch: Limited (1) year factory warrant. Yes No 3. Engine: Caterpillar Base Warranty is One (1) year or (2) two years/3,000 hours and extended service coverage to three (3) years on main Yes No components. Gock - 4. Extended Warranty: List the c?dt and terms of any available extended - warranty. ''' " Yes No Page 5 Packet Pg. 327 10-30-09 BREAK AWAY BEARING MOUNT Your grinder is equipped with a patented safety system design called a "Break Away Bearing Mount" to minimize any potential damage that may occur when large contaminants or steel materials wind up in the product being ground. When the hammermill encounters a heavy contaminant, the break away system has the ability to relive the shock load created when the hammer tip contacts the contaminant at the cutting edge or screen surface. This impact or shock energy happens so quickly due to the high tip speed of the mill that it is very difficult to lessen the amount of energy created and still have a shear point that will stand up to normal grinding demands. The mass of the rotating hammermill obviously has a high level of stored energy, so at the point of impact, something has to give. Once the hammer contacts the contaminant, the downward force of energy is then re-directed in an upward and back direction. The best possible way to relieve this force is to allow the mill to move away in that direction. Other types of designs are less effective due to the nature of the design and their ability to move out of the way quickly enough to relieve the energy. Typically these systems either break away too easily and end up being welded in solid or simply don't break away at all. Our system provides an effective weak link (relief point) to prevent damage to major components when contaminates are encountered. The breakaway function .L BEARING is accomplished by the way the mill bearings are BEARING SHEAR PAD mounted to the main structure of the 4l framework. Each of the I ++ Eh rt?i rfi bearing housings are bolted down to a FRAME breakaway mounting BEARING LIFT BOLTS plate by all four or the EAR BOLT standard mounting bolts. The four cap bolts are drilled through creating an 8-point solid mount to the block. The block is then secured to the framework of the machine by smaller shear bolts, placed at specific locations further away from the axis of the mill. The bolts are designed strong enough to handle all the necessary security and integrity to grind any type of organic material that is the intended use of the machine yet light enough to shear and break away when heavy contaminates are encountered. As we all know grinding isn't a perfect world and there is no such thing as a clean wood pile. Diamond Z grinders are designed with enough mass and structural integrity to Packet Pg. 328 process the majority of contaminates typically found in a wood pile with out any substantial damage minimizing down time. When a larger piece of steel does make its way between the hammer and the cutting edge, the shear bolts have the ability to shear or break allowing the mill to move away from the impact point greatly reducing any amount of damage that would normally occur in standard designs. This break away design has been very effective and has been tested in our model 1600 Solid waste grinder over the last nine years. This application is by far the most destructive as it is standard operating practice to hit large foreign objects on a consistent basis with little or no down time. Procedure for replacing mill after a shearing impact has occurred: 1) Position the feed roller and mill cover into the maintenance position. (Refer to your manual and follow all lock out tag out instructions) 2) Inspect the mill area for any loose or damaged tips; wear plates, mill rods and hammers. Replace if necessary. (Make sure after all repairs are made that your hammer mill is in balance) 3) Inspect your bearing mount blocks to see if any shear bolts have been displaced. If any of the shear bolts are loose remove them all and raise the mill bearings utilizing the bearing lift bolts to insure the mounting surfaces are clean. 4) Lower bearings back down into place and inspect and re-torque all bolts making sure to use new shear bolts. 5) Rotate hammer mill by hand to insure no contact is made with any surrounding surfaces. 6) Check alignment mark on driven sheave. Check and re-torque bushing bolts on drive and driven sheaves. 7) Once everything has been replaced and tightened down engage hammer mill and bring mill up to high rpm. 8) Once the mill is rotating at high rpm check for vibration and listen for any differences in sound checking for higher then normal temperatures using a heat gun. After a high impact shock load is experienced in you hammer mill you should; periodically check for high bearing temps and any other abnormal operational issue. Typically there will be no damage to the rollers or race of the bearings but it is possible. Always follow all safety procedures when performing any repairs to your machine. Packet Pg. 329  ADDENDUM # 1 Hammermlll 1. Hammermlll: 42" diameter x 68" 42" diameter by 66" wide mill. Yes No 2. Holder & Inserts: There shall be (12) (minimum) thick balance 4140 forged steel fixed teeth insert holders equipped with (12) 3-3/4" Yes No forged wide double-edged replaceable carbide teeth inserts and (18) rakers. 3. Hammermill RPM: Minimum of 1000 RPM. Yes No 4. Hammermill Drive: (10) 8V2800 Belts. Yes No 5. Hammerhill Shaft: 9" diameter, 4340 HR-Q&T-SR-UT steel shaft with 5-3/16'. _____ Yes No 6. Cutting Anvil: (1) 2-1/2" thick, two sided, cutting anvil. Anvil shall be removable using bolts from outside of machine. Yes No Sizing Screens 1. Screens: One set of (2) 5" hexagon, AR450 steel screens shall be provided. Screens must be easily interchangeable without having to enter grinding Yes No chamber or use bolts to remove. 2. Screen Area: Minimum of 5,661 square inches. Yes No Engine & Hommermill Protection System 1. Protection System: List any system available used to protect the engine, clutch and hammermill. Warranty 1. Horizontal Grinder: One (1) year unlimited hours on the horizontal grinder assembly, trailer and hammermill assembly according to the terms Yes No specified in the Manufacturer's Warranty Policy. 1. Clutch: Limited (1) year factory warrant. Yes No 2. Engine: Caterpillar Base Warranty is One (1) year or (2) two years/3,000 hours and extended service coverage to three (3) years on main Yes No components. 3. Extended Warranty: List the coast and terms of any available extended warranty. Yes No Packet Pg. 330 Service & Training Manuals: Two complete sets of Operators & Parts manuals will be provided. (No payment will be made until manuals are delivered.) Yes No 2. Training: Upon delivery a representative of the manufacturer or local dealer will conduct a 1w, jj. day training session on the operation and Yes No maintenance of the horizontal grinder. Bidder 1. Bidder Info: Any and all exceptions to the specifications included in this request for bids must be fully detailed and explained on a separate sheet Yes No and attached to the bid package. Failure to document exceptions could result in your bid being considered non-responsive. 2. Service Center: Include information listing the location of the closest factory certified service center. Yes No 3. Manufactures Literature: (Per Specifications: Manufactures Literature (latest) must be provided with any and all bids to verify that the unit meets or Yes No exceeds the specifications "must be submitted with the bid". Page 6 Packet Pg. 331  Page 1 of 1 From: Chris Frazier [cfrazier@heavymachinesinc.com ] Sent: Friday, February 14, 2014 11:34 AM To: Jim Reece Subject: DZH6000 Grinder Jim, The Phase II 12 x 36" mag roller (Magnetic head Roller including material chute and flow control valve) is included in our machine price. Thank you, Chris Frazier Chris Frazier Sales Coordination Manager Office: 901 -260-2232 Fax: 901-260-2225 Packet Pg. 332 file ://C:\Documents and Settings\j kublik\Local Settings\Temporary Internet Files\Content.... 2/2 5 /70 1A Zan Fedorak From: John Hofstad Sent: Wednesday, February 26, 2014 10:28 AM To: Zan Fedorak Cc: Ann Halbert; Kathy Carroll Subject: Grinder purchase - Solid Waste Zan, If possible, please include the request for a funds transfer from the Solid Waste reserve account to a capital equipment expenditure account for the purchase of the new grinder for Solid Waste (purchase price $605K). Ann will speak with Dave to let him know of our intentions. Thanks, John Hofstad Public Works Director Okaloosa County Public Works 1759 South Ferdon Blvd. .H Office (850) 423-4826 Fax (850) 689-5786 Please note: Due to Florida's very broad public records laws, most written communications to or from County employees regarding County business are public records, available to the public and media upon request. Therefore, this written e-mail communication, including your e-mail address, may be subject to public disclosure. Packet Pg. 333 Packet Pg. 334  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 18, 2013 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Yard Trash Grinding Operations DEPARTMENT: Public Works BCC DISTRICT: All STATEMENT OF ISSUE: New pricing information for contract grinding at the County's two yard waste facilities suggests re-evaluating the decision to contract grind versus purchasing a replacement grinder. BACKGROUND: A chronology of events and an analysis of the data is attached. In short, based on recent pricing provided for emergency grinding it appears more advantageous to the County's grinding operations to consider replacing the old grinder that was sent to auction (approved by the Board on March 5, 2013). Based on current pricing for contract grinding, we would expend the cost of a new grinder in less than three years. The advantages of the grinding operation are expressed in the attachment mentioned above. Contingent upon Board approval, staff proposes to develop a Request for Proposals (RFP) for the replacement of the in-line grinder which was recently retired and sent to auction. The proposed RFP will be crafted in much the same fashion as the one submitted earlier this year for road graders. In addition to soliciting vendors for a straight purchase, the RFP will also include an option to lease the same piece of equipment for a 36-month lease term. Staff will coordinate the development of a RFP with the Purchasing Department, while also exploring the purchase of a suitable "used/rebuilt" grinder of similar specification. If the Board approves the action outlined above, staff will seek subsequent approval from the Board in the future depending upon on the preferred procurement method: lease, new purchase, or used purchase. Regardless of the procurement method, the use of Solid Waste Fund reserves will be required and reserves are sufficient to cover the expenditure. OPTIONS: Continue contract grinding or purchase a new grinder. RECOMMENDATIONS: Request Board authorization for staff to prepare a Request for Proposals to secure either a lease option, new equipment purchase, or used equipment purchase for an in-line yard debris grinder for use at the County's Wright Yard Waste facility. Packet Pg. 335 RECOMMENDED BY: 31) Jo3mn I-I fstad, Director 6/11/2013 ountyAdn inistrator 6/12/2013 APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 336  YARD TRASH OPERATIONS Chronology of events: • Dec '12 - Initial estimate given by Warrior Tractor to repair Morbark 7600 in-line grinder (2001 model) at $32,000. Guidance provided for FY 2014 budget considerations was to contract out grinding services versus buying new grinder (close to $1 million) • Feb '13 - Warrior Tractor picked up grinder for estimate and repairs • Feb '13 - Estimate had grown to $60,000 with the possibility of more repairs needed • Mar '13 - Board approved sending grinder to auction grinder and use proceeds to prepare grinding site for contract grinding, repair existing Morbark 1300 Tub Grinder (1996 model) in- house (estimate $30,000), and apply towards contract grinding • Apr '13 - Began preparation of bid specs for contract grinding • Initial research indicated that contract grinding could be done for $10/ton which is equivalent to our in-house cost to do the same • Began stockpiling material as Tub Grinder went down for Repairs • Early May '13 - Issued emergency P0 for contract grinding as stockpile had exceeded existing site capacity • Early May '13 - Decision made to send out grinder for repairs as it exceeded Fleet's capabilities. Grinder picked up by Warrior Tractor in Montgomery • May '13 - P0 issued to Young's Contracting (only bidder) out of Niceville at a rate of $15.77 per ton • May '13 - Warrior Tractor has responded with a verbal estimate of $80,000 to perform repairs based on a list given them by our department and other items that they have found since receiving the machine Analysis: 1. If Young's pricing is an indication of what we can expect to pay for a one year contract to grind then based on existing tonnages we are looking at in excess of $250,000 to contract grind yard trash at Wright Landfill 2. A new grinder (Morbark 6600) can be purchase off of a government contract for $684,000 3. In less than three years of contract grinding we would pay the equivalent of a new grinder 4. Benefit of maintaining a yard waste operation by the County is: We receive recycling credits (currently 17,000 tons annually) through FDEP toward the State mandated goal of 75% by 2020 We derive revenue for the solid waste fund of $40.70 per ton (approx $691,900 annually) We avoid the cost of fill material for use in compliance issues, erosion control, contour development, etc at a price of $10 per cubic yard delivered (estimated value = 17,000 CV x 5 cy/ton x $10 = $850,000) Issue: Do we contract grind or purchase a new grinder? Packet Pg. 337 Regular Meeting (South) Minutes June 18, 2013 a. Request authorization to award a contract for inmate health care services to Corizon Health Inc. District: All. RESULT: ADOPTED [UNANIMOUS] MOVER: Dave Parisot, Commissioner District 2 SECONDER: Nathan Boyles, Commissioner, District 3 AYES: Amunds, Boyles, Harris, Parisot, Windes 3. Richard Brannon/Purchasing a. Request approval of the ranking of Restore Act Consulting Firms submitted by the review committee, and authorize staff to negotiate fees with the top ranked firm. District: All. RESULT: ADOPTED [UNANIMOUS] MOVER: Dave Parisot, Commissioner District 2 SECONDER: Wayne Harris, Commissioner District 1 AYES: Amunds, Boyles, Harris, Parisot, Windes Elliot KampertlGrowth Management a. Request appointment of an Alternate Representative to the Northwest Florida Military Sustainability Partnership. District: All RESULT: ADOPTED [UNANIMOUS] MOVER: Wayne Harris, Commissioner District 1 SECONDER: Dave Parisot, Commissioner District 2 AYES: Amunds, Boyles, Harris, Parisot, Windes Commissioner Windes Alternate b. Request approval of Amendment No. 5, State of Florida Commission for Transportation Disadvantaged (CTD) Medicaid Non-Emergency Transportation Agreement BDN10, and approve Task Order No. 28 Amendment 5, Reimbursement of Operating Costs to Okaloosa County Transit. District: All. RESULT: ADOPTED [UNANIMOUS] MOVER: Kelly Windes, Commissioner District 5 SECONDER: Dave Parisot, Commissioner District 2 AYES: Amunds, Boyles, Harris, Parisot, Windes 5 John Hofstad/Public Works Okaloosa County Board of Commissioners Page 4 Printed 612012013 Packet Pg. 338 Regular Meeting (South) Minutes June 18, 2013 a. Request approval and acceptance of a variance condition from Northgate Development Company related to roadway improvements along Martin Luther King Jr. Blvd. District: 4. RESULT: ADOPTED [UNANIMOUS] MOVER: Wayne Harris, Commissioner District 1 SECONDER: Kelly Windes, Commissioner District 5 AYES: Amunds, Boyles, Harris, Parisot, Windes b. Request staff direction concerning yard waste grinding capabilities at Wright Yard Debris Facility. District: All. RESULT: ADOPTED [UNANIMOUS] MOVER: Kelly Windes, Commissioner District 5 SECONDER: Dave Parisot, Commissioner District 2 AYES: Amunds, Boyles, Harris, Parisot, Windes c. Request approval of the Bluewater Bay MSBU 2014 Tax Roll Assessment and authorization for the Chairman to execute the related Resolution, and request approval of the proposed FY 2014 Budget for the same. District: 5 RESULT: ADOPTED [UNANIMOUS] MOVER: Kelly Windes, Commissioner District 5 SECONDER: Dave Parisot, Commissioner District 2 AYES: Amunds, Boyles, Harris, Parisot, Windes VI. Old Business 1. Request consideration of nominees for RESTORE Act Committee from "Environmental" and "Tourism" categories as well as citizens "at large". District: All. 3 Motions for selection: Tourism Representative Martin Owen: Motion Dave Parisot; second Nathan Boyles, approved Environmental Steve Shippee: Motion by Dave Parisot; second Wayne Harris; approved. 2 Citizens at Large: Jonathan Tallman: Nathan Boyles motion; second Wayne Harris James Breitenfeld: Kelly Windes motion; second Dave Parisot; approved. VII. New Business 1. Request consideration of appointments to the Value Adjustment Board. District: All. Okaloosa County Board of Commissioners Page 5 Printed 612012013 Packet Pg. 339  SUNGARD PENTAMATION, INC. PAGE NUMBER: 1 DATE: 02/26/2014 OKALOOSA COUNTY BOCC EXPSTA11 TIME: 10:56:27 EXPENDITURE STATUS REPORT SELECTION CRITERIA: expledgr.key_orgn=’4399’ ACCOUNTING PERIOD: 5/14 SORTED BY: FUND,DEPARTMENT TOTL,DEPARTMENT,ACCOUNT TOTALED ON: FUND,DEPARTMENT TOTL,DEPARTMENT PAGE BREAKS ON: FUND,DEPARTMENT TOTL FUND−430 SOLID WASTE ENTERPRISE DEPARTMENT TOTL−4399 RESERVES/MISCELLANEOUS DEPARTMENT−4399 RESERVES/MISCELLANEOUS PERIOD ENCUMBRANCES YEAR TO DATE AVAILABLE YTD/ ACCOUNT − − − − − TITLE − − − − − BUDGET EXPENDITURES OUTSTANDING EXP BALANCE BUD 599090 RESERVE FOR CONTINGENCIE 1,512,698.00 .00 .00 .00 1,512,698.00 .00 TOTAL RESERVES/MISCELLANEOUS 1,512,698.00 .00 .00 .00 1,512,698.00 .00 TOTAL RESERVES/MISCELLANEOUS 1,512,698.00 .00 .00 .00 1,512,698.00 .00 TOTAL SOLID WASTE ENTERPRISE 1,512,698.00 .00 .00 .00 1,512,698.00 .00 TOTAL REPORT 1,512,698.00 .00 .00 .00 1,512,698.00 .00 Packet Pg. 340  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: March 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Sunil Harman SUBJECT: Aero FX, Emerald Coast Aviation Amendment Number Five DEPARTMENT: Airport BCC DISTRICT: All STATEMENT OF ISSUE: Aero FX, Inc., dba Emerald Coast Aviation (ECA) Amendment Number Five to change ECA's insurance requirements is being presented to the Board of County Commissioners for approval. BACKGROUND: Emerald Coast Aviation entered into a lease agreement effective January 1, 2009 to conduct a fixed base operator concession at the Bob Sikes Airport. Subsequently, Mr. Jonathan Dunn, the Principal of ECA and Mr. Gary Real, Okaloosa County Risk Management Manager reviewed ECA's insurance requirements and agreed to update ECA's levels of insurance coverage and limits to comport with current levels through this proposed Amendment Number Five. The proposed insurance limits are: Airport and General Liability (Premises) $5,000,000, Products (Fuel Sales) $5,000,000, Completed Operations (Maintenance) $2,000,000, Hangarkeepers Legal Liability $1,000,000 per aircraft and $2,000,000 per occurrence, Environmental/Storage Tank Liability $5,000,000 and Business Automobile $1,000,000. The Department of Airports will ensure that new Certificate of Insurance documents are received prior to the expiration of current documents on file. The contract and lease internal coordination sheet is attached. OPTIONS: Approve, Reject or Table. RECOMMENDATIONS: Staff recommends the Board approve Amendment Number Five as described above. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 341 Packet Pg. 342 Packet Pg. 343 Packet Pg. 344 Packet Pg. 345 Packet Pg. 346 Packet Pg. 347 Packet Pg. 348 Packet Pg. 349  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: March 4, 2014 TO: Honorable Chairman and Members of the Board FROM: David Skarzynski, Budget Manager SUBJECT: Budget Resolutions & Transfers Resolution amending the Fiscal Year 2014 Budget, General Fund, which did not reflect adequate appropriations for donations from Eglin Air Force Base for the fiber optic network in the amount of $36,836. Resolution amending the Fiscal Year 2014 Budget, General Fund, which did not reflect adequate appropriations for cash carryforward in the amount of $503,504. Resolution amending the Fiscal Year 2014 Budget, Road/Bridge Construction Fund, which did not reflect adequate appropriations from Florida Department of Transportation (FDOT) for design of Rocky Bayou Drive sidewalk grant in the amount of $26,213. Resolution amending the Fiscal Year 2014 Budget, Water & Sewer Enterprise Fund, which did not reflect adequate appropriations for projects carryforward in the amount of $6,442,894. Resolution amending the Fiscal Year 2014 Budget, Water & Sewer Enterprise Fund, which did not reflect adequate appropriations for capacity expansion charges (CECs) in the amount of $8,124,800. Resolution amending the Fiscal Year 2014 Budget, Airport Enterprise Fund, which did not reflect adequate appropriations from United States Department of Homeland Security, Transportation Security Administration (TSA) for design, engineering and construction of checked baggage inspection system in the amount of $4,318,169. BT-14-28 Water & Sewer Enterprise Fund in the amount of $397,872. This balances Duke Field project on contract C11-1906-WS. $1,250,000 received on 2-27-2013 receipt 121570 against $1,500,000. FY13 balance forward is $647,872 with $250,000 still to be received from the Air Force resulting in $397,872 of cash to balance. Packet Pg. 350  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2014 BUDGET GENERAL FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations for donations from Eglin Air Force Base for the fiber optic network, and WHEREAS, said additional revenue is evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the General Fund be increased, additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Donations 0111R-366990 $36,836 EXPENDITURES DEPT-ACCOUNT AMOUNT Vehicles 01115-564104 $36,836 Adopted this regular session the 4th day of March 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 351  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2014 BUDGET GENERAL FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations for cash carryforward, and WHEREAS, said additional revenue is evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the General Fund be increased, additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Balances - Cash 0100R-389901 $500,000 Balances – Cash 0171R-389901 $3,504 EXPENDITURES DEPT-ACCOUNT AMOUNT Office Equipment 0103-564101 $8,000 Accounting & Auditing (CRI) 0114-532001 $30,000 Memberships (NAC) 0114-554001 $150 Reserve for Contingency 0199-599001 $461,850 Other Supplies 0171-552990 $3,504 Adopted this regular session the 4th day of March 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 352  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2014 BUDGET ROAD/BRIDGE CONSTRUCTION FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations from Florida Department of Transportation (FDOT) for design of Rocky Bayou Drive sidewalk grant, and WHEREAS, said additional revenue is evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the Road/Bridge Construction Fund be increased, additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Other Transportation - Federal 731441R-331490 $26,213 EXPENDITURES DEPT-ACCOUNT AMOUNT Professional Services - Engineering 731441-531500 $26,213 Adopted this regular session the 4th day of March 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 353  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2014 BUDGET WATER & SEWER ENTERPRISE FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations for projects carryforward, and WHEREAS, said additional revenue is evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the Water & Sewer Enterprise Fund be increased, additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Reimbursement – Duke Field 4140R-369921 $250,000 Reimbursement – Eglin Plant 4140R-369923 $4,646,109 Reimbursement – Camp Rudder 4140R-369926 $1,546,785 EXPENDITURES DEPT-ACCOUNT AMOUNT Duke Field Main & Lift Station 4140-563321 $250,000 Eglin Main & Lift Station 4140-563323 $4,646,109 Camp Rudder Phase III 4140-563362 $1,546,785 Adopted this regular session the 4th day of March 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 354  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2014 BUDGET WATER & SEWER ENTERPRISE FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations for capacity expansion charges (CECs), and WHEREAS, said additional revenue is evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the Water & Sewer Enterprise Fund be increased, additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Water & Sewer Taps (Eglin Main) 4100R-343602 $8,124,800 EXPENDITURES DEPT-ACCOUNT AMOUNT Reserve-Wastewater Cap (Eglin Main) 4199-599360 $8,124.800 Adopted this regular session the 4th day of March 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 355  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2014 BUDGET AIRPORT ENTERPRISE FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations from the United States Department of Homeland Security, Transportation Security Administration (TSA) for design, engineering and construction of checked baggage inspection system, and WHEREAS, said additional revenue is evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the Airport Enterprise Fund be increased, additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Reimbursement – Federal 4201R-369911 $4,318,169 EXPENDITURES DEPT-ACCOUNT AMOUNT Construct Checked Baggage 4207-562427 $4,318,169 Adopted this regular session the 4th day of March 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 356 Packet Pg. 357  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: March 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Re-appointment of Robert Garcia to the Electrical Competency Board DEPARTMENT: Growth Management BCC DISTRICT: All STATEMENT OF ISSUE: Section 6-221 of the Code of Ordinances (excerpted below) provides for the appointment of representatives to the electrical competency board which assists the County with implementing the provisions of the Florida Electrical Code and other related regulations, as well as considers applications for trade licenses and possible disciplinary actions. Robert Garcia, has agreed to serve another three (3) year term as a Consumer Representative on the Electrical Competency Board. DIVISION 2. OKALOOSA COUNTY ELECTRICAL COMPETENCY BOARD Sec. 6-221. Composition; appointment of members. The board of county commissioners shall appoint ten members to the electrical competency board and fix their terms of office. The board shall consist of ten members, five of whom shall be licensed electrical contractors, one of whom shall be an alarm contractor, one of whom shall be a specialty contractor, and three who are consumer representatives. The county building official shall be an ex officio member of each of these boards, but he or she shall have no vote. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the re-appointment of Robert Garcia to the Electrical Competency Board RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 358  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: March 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Zan Fedorak SUBJECT: [PUR]Seeking Board Approval to Auction Surplus Items DEPARTMENT: Purchasing BCC DISTRICT: ALL STATEMENT OF ISSUE: Purchasing seeks authorization from the Board to auction surplus items. BACKGROUND & ANALYSIS: The County has surplus items that are ready for disposal. (Lists attached.) Purchasing is seeking authorization from the Board to auction these items through our contracted auctioneer Global Enterprises (C14-2104-PUR). Auctioning the surplus items is a new process, and it continues to be the most profitable way for the County to dispose of property, equipment and miscellaneous items. In addition, it was discovered that a previously approved list had incorrect headings. That list is also included in this agenda item with the corrected headings just for clarification of the records. The items included in the list has not changed, only the referenced headings. OPTIONS: Approve/Disapprove auction of surplus items through Global Enterprises. RECOMMENDATION: Staff recommends approving auction of surplus items through Global Enterprises. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 359 Packet Pg. 360 Packet Pg. 361 Packet Pg. 362 Packet Pg. 363 Packet Pg. 364 Packet Pg. 365 Packet Pg. 366 Packet Pg. 367 Packet Pg. 368 Packet Pg. 369 Packet Pg. 370 Packet Pg. 371 Packet Pg. 372 Packet Pg. 373 Packet Pg. 374 Packet Pg. 375 Packet Pg. 376 Packet Pg. 377 Packet Pg. 378  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: March 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Major J.D. Peacock, Sheriff's Office SUBJECT: Request Approval of LETF Disbursement The Sheriff is requesting the Board approve Law Enforcement Trust Fund disbursements for various activities in the following amounts: 1. W.C. Pryor Middle School Junior R.O.T.C. Club in the amount of $1,000; 2. Florida Sheriff’s Youth Ranch in the amount of $1,500; 3. North West Florida Daily News (News Year’s Eve Ad) in the amount of $1,925; 4. Mental Health Association of Okaloosa/Walton Counties, Inc. in the amount of $5,000 Total Disbursement Requested: $9,425 Packet Pg. 379 February 25, 2014 Agenda Request: LETF Disbursement Request, March 4, 2014 Agenda To: Mr. Ernie Padget, County Administrator From: Major J.D. Peacock, Administration Bureau Chief Re: State Law Enforcement Trust Fund Request board consideration of trust fund disbursement in support of: 1. W.C. Pryor Middle School Junior R.O.T.C. Club in the amount of $1,000 2. Florida Sheriff’s Youth Ranch in the amount of $1,500 3. North West Florida Daily News (News Year’s Eve Ad) in the amount of $1,925 4. Mental Health Association of Okaloosa/Walton Counties, Inc. in the amount of $5,000 Total Disbursement Requested: $9,425 Packet Pg. 380 Packet Pg. 381 Packet Pg. 382 Packet Pg. 383 Packet Pg. 384 Packet Pg. 385 Packet Pg. 386 Packet Pg. 387 Packet Pg. 388 Packet Pg. 389 Packet Pg. 390 Packet Pg. 391 Packet Pg. 392 Packet Pg. 393 Packet Pg. 394 Packet Pg. 395 Packet Pg. 396 Packet Pg. 397  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: March 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Transit Route 33 Memorandum of Agreement with Destin DEPARTMENT: Growth Management BCC DISTRICT: District 5 - Commissioner Windes STATEMENT OF ISSUE: In order to continue operation of Transit Route 33, it is necessary for the Chairman to sign a Memorandum of Agreement with the City of Destin. BACKGROUND: During its meeting of September 3, 2013, the Board of County Commissioners approved a motion to fund Transit Route 33 for 180 days, after which time if the City of Destin could not assist with funding, Route 33 would be discontinued. March 29, 2014 would be the 180th day. During its regular meeting of February 18, 2014, the City of Destin approved the attached Memorandum of Agreement which provides $38,000 in order to allow Route 33 to continue to operate for the remainder of the current fiscal year. The Agreement also provides that if any of the $38,000 is left at the end of the fiscal year, such funds will be carried over to the FY 2015 budget and used for fixed route transit service in the US 98 corridor. OPTIONS: Approve or deny the Memorandum of Agreement. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve and authorize the Chairman to sign the attached Memorandum of Agreement. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 398 Packet Pg. 399 Packet Pg. 400 Packet Pg. 401  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: March 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Cancellation of Route 33 Public Hearing DEPARTMENT: Growth Management BCC DISTRICT: All STATEMENT OF ISSUE: Cancellation of March 18 public hearing regarding Transit Route 33. BACKGROUND: During its meeting of February 18, 2014 the Board of County Commissioners set a public hearing for March 18 to consider discontinuance of Transit Route 33 serving the US 98 Corridor in the event the City of Destin was unable to provide funds to continue this route past March 29, 2014. As the City approved such funds during its meeting of February 18, there is no need for the hearing. OPTIONS: The Board may cancel or hold the public hearing. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners cancel the public hearing as it is no longer needed. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 402  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: March 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: SHIP Amendment 2 C11-1900-GM DEPARTMENT: Growth Management BCC DISTRICT: ALL STATEMENT OF ISSUE: Amend the State Housing Initiatives Partnership (SHIP) Okaloosa Agreement number C11-1900-GM with the Okaloosa Community Development Corporation. (CDC) BACKGROUND: Through the SHIP program, the State of Florida allocates funds to cities and counties to be used to help economically challenged households achieve affordable housing. These funds must be spent in accordance with the local communities' Local Housing Assistance Plans. A community may administer the SHIP program in-house, or can contract the services to an outside agency. The County and Okaloosa Community development Corporation entered into Agreement number C11-1900-GM on August 16, 2011. Board approved Amendment 1 on November 5th, 2013. This Amendment changes staff contact information and will allow the County to pay Okaloosa CDC for properly invoiced and documented work directly rather than seek reimbursement, allowing for funds to be drawn down more effectively. No local funds are required for SHIP program administration. OPTIONS: Approve or not approve the Amendment 2 to Agreement. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve and authorize the Chairman to sign Amendment 2 to Agreement with Okaloosa Community Development Corporation. RECOMMENDED BY: Packet Pg. 403 APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 404 Packet Pg. 405 Packet Pg. 406 Packet Pg. 407  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: March 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: SHIP Amendment 1 C14-2115-GM DEPARTMENT: Growth Management BCC DISTRICT: All STATEMENT OF ISSUE: Amend the State Housing Initiatives Partnership (SHIP) Okaloosa Agreement number C14-2115-GM with the Okaloosa Community Development Corporation. (CDC) BACKGROUND: Through the SHIP program, the State of Florida allocates funds to cities and counties to be used to help economically challenged households achieve affordable housing. These funds must be spent in accordance with the local communities' Local Housing Assistance Plans. A community may administer the SHIP program in-house, or can contract the services to an outside agency. The County and Okaloosa Community Development Corporation entered into Agreement number C-14-2115-GM on November 5th, 2013. This Amendment changes staff contact information and will allow the County to pay Okaloosa CDC for properly invoiced and documented work directly rather than seek reimbursement, allowing for funds to be drawn down more effectively. No local funds are required for SHIP program administration. OPTIONS: Approve or not approve the Amendment 1 to Agreement. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve and authorize the Chairman to sign Amendment 1 to Agreement with Okaloosa Community Development Corporation. RECOMMENDED BY: Packet Pg. 408 APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 409 Packet Pg. 410 Packet Pg. 411 Packet Pg. 412 Packet Pg. 413  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: March 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Ed Schroeder SUBJECT: Emergency Agreement for Beach Cleaning Services DEPARTMENT: Tourist Development Department BCC DISTRICT: ALL STATEMENT OF ISSUE: This agenda item requests Board ratification of the Emergency Agreement for Beach Cleaning Services (#C14-___-TDD) entered into by and between the County and Sandman, LLC. BACKGROUND: The County’s Public Works Department has been cleaning approximately 9 miles of beach on Okaloosa Island and in Destin since November of 2013. These services have been provided during the “off season.” However, with Spring Break beginning on March 1st the County does not currently have the ability to adequately perform these services without acquiring additional labor and equipment. There is an immediate need to provide the necessary resources to make certain that the beaches are adequately cleaned and maintained for our visitors. Otherwise, the County runs the risk of alienating our visitors with the likelihood that they will not return to our tourist destination, which could result in great economic loss to the County. At its February 18th meeting, the Board voted to enter into an emergency agreement with Sandman, LLC for the emergency provision of beach cleaning services. Pursuant to Section H of the County’s Purchasing Manual, the County entered into the attached Agreement through the emergency procurement process. The Agreement is for a 60-day term ending on April 30, 2014. Total compensation is $86,388.25 plus reimbursable disposal costs not to exceed $6,500, for a grand total of $92,888.25. OPTIONS: Ratify the emergency agreement. Do not ratify the emergency agreement. RECOMMENDATIONS: Ratify the emergency agreement. RECOMMENDED BY: Packet Pg. 414 APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 415 Packet Pg. 416 Packet Pg. 417 Packet Pg. 418 Packet Pg. 419 Packet Pg. 420 Packet Pg. 421 Packet Pg. 422 Packet Pg. 423 Packet Pg. 424 Packet Pg. 425 Packet Pg. 426 Packet Pg. 427 Packet Pg. 428 Packet Pg. 429 Packet Pg. 430 Packet Pg. 431 Packet Pg. 432 Packet Pg. 433 Packet Pg. 434 Packet Pg. 435 Packet Pg. 436 Packet Pg. 437 Packet Pg. 438 Packet Pg. 439  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: March 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Ed Schroeder SUBJECT: [TDD] Approval to negotiate Emerald Coast Convention Center catering RFP DEPARTMENT: Tourist Development Department BCC DISTRICT: All STATEMENT OF ISSUE: The Board of County Commissioners is requested to approve the negotiation of a contract for catering services at the Emerald Coast Convention Center with the ARAMARK corporation. BACKGROUND: On December 17, 2013, the Tourist Development Department received permission from the Board to issue an RFP for catering services at the Emerald Coast Convention Center. A proposal review committee was at that time also established, consisting of: Bill Leaman, Convention Center general manager; Ed Schroeder, Executive Director, Tourist Development Department; Rick Owen, County Administrator's Office; Jack Allen, Purchasing; and Commissioner Nathan Boyles. Four (4) bids were received in response to the RFP and were opened on Friday, January 17, 2014 at 4:00pm. The bids were dispersed to the review committee members. The review committee met on Friday February 14th. Jack Allen was replaced by Zan Fedorak, the new Purchasing manager. Although part of the review committee, the purchasing representative does not evaluate the responses, only facilitates the process. ARAMARK corporation received the highest ranking based on the review committee members' scores. OPTIONS: Approve, Disapprove RECOMMENDATION: Approve the request to move forward with negotiation of contract for catering services at the Emerald Coast Convention Center with the ARAMARK corporation. RECOMMENDED BY: Packet Pg. 440 APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 441 Packet Pg. 442 Packet Pg. 443  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: March 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Jeff Littrell SUBJECT: Final Payment - Main Island Pump Station Temporary Shoring DEPARTMENT: Water and Sewer BCC DISTRICT: District 5 STATEMENT OF ISSUE: Staff requests BCC approval of the Final Contract Payment Request for the completion of the Temporary Shoring Contract # C12-1979-WS, with Construction Services Company of Florida, Inc. for the Main Island Pump Station Project. Background: At their regular scheduled meeting on August 7, 2012, the BCC awarded Contract # C12-1979-WS to the Construction Services Company of Florida for temporary shoring, dewatering and excavation services associated with the Main Island Pump Station Replacement Project. OCWS self-performed the rest of the work on the project, including installation of a new 30 feet deep wet well and associated pumps, piping, and controls. The new lift station replaced the 35 year old aging and undersized dry well/wet well pump station and serves the entire Okaloosa Island Service Area. The Notice to Proceed was issued on September 24, 2012, and all work was completed prior to the established contract final completion date of December 23, 2012. Processing of final payment was delayed due to a claim by Construction Services’ dewatering subcontractor (F&W Construction Company/ Burns Dewatering) for damage that occurred to onsite equipment during the dewatering process. The claim was recently resolved and a notarized Release of Lien was obtained for the project. All required contract close-out documents have been fully executed and submitted with the final payment request. Approval of final payment has been provided from Constantine Engineering, Engineer-of-Record for the Project. The Final Invoice is attached for your review, along with the Contract Closeout Checklist and other supporting documentation. There are 2 additional issues with this final payment that staff needs to disclose. First, the warranty period is supposed to be 12 months following the final payment, per the Contract Close-Out Checklist. It has actually been approximately 14 months since the contract work was completed. The work was completed on time (by 12/23/2012) and with great success. Because of extenuating circumstances (osprey made a nest in their crane, which couldn't be moved from the site; and a claim that has now been settled), we are requesting that the final payment be made without extending the warranty another 12 months. Second, the performance and payment bond was originally made out for $156,700, when it should have been for $206,700. This error occurred almost 2 years ago in part because the total contract amount ($206,700) is above the base bid ($156,700). Staff is also requesting the final payment be made without re-issuing a bond. We feel that a bond is not needed at this point because the contract work was completed approximately 14 months ago with no problems. Staff has consulted the County Attorney on these two issues, and he concurs with the above solution. Packet Pg. 444 OPTIONS: Approve or deny. RECOMMENDATIONS: Staff recommends BCC approval of Final Contract Payment Request as attached to Construction Services Company of Florida, Inc. in the amount of $19,835.00 for Contract # C12-1979-WS. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 445 Packet Pg. 446 Packet Pg. 447  Construction Services Company of Florida, Inc. Project Title: Temp Shoring Main Island Pump Station Project Number WS 42-12 Purchasing Contract No. C12-1979-WS Expires: 11-23-2012 12/23/2012 4150- TOTAL 411-2051100 563331 COST 5% Amount Date Check Inv# Cost to date Withheld Paid Paid Number 1 196,700.00 196,700.00 (9,835.00) 186,865.00 11/20/12 1301247 2 10,000.00 10,000.00 9,835.00 19,835.00 3 - - - 4 - - - 5 - - - 6 - - - 7 - - - 8 - - - 9 - - - 10 - - - 11 - - - 206,700.00 206,700.00 - 206,700.00 Contract Total 206,700.00 Change Order #1 Change Order #2 Change Order #3 Change Order #4 New Contract Total 206,700.00 Balance to finish w/o retainage - Packet Pg. 448 Packet Pg. 449 Packet Pg. 450 Packet Pg. 451 Packet Pg. 452 Packet Pg. 453 Packet Pg. 454 Packet Pg. 455 Packet Pg. 456 Packet Pg. 457 Packet Pg. 458  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: March 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Jeff Littrell SUBJECT: Insituform Technologies Change Order #1 DEPARTMENT: Water and Sewer BCC DISTRICT: All STATEMENT OF ISSUE: Approve Change Order #1 to add additional scope of work for the rehabilitation of gravity sewer (Phase II of maintenance contract). BACKGROUND: An annual maintenance contract with a two year initial contract period for the rehabilitation of gravity sanitary sewer was awarded on April 17, 2012. The initial phase was completed in 2012-2013 and consisted of relining over 7,000 feet of main trunk line sewer and 11 point repairs on Okaloosa Island (predominantly, the remaining main sewer line that runs the length of Santa Rosa Blvd). The lines that were repaired are the original sewer lines installed by the former Okaloosa Island Authority in the 1960s and are constructed of terra cotta pipe in 4’ sections. Most of the joints in these sewer lines were found to be leaking groundwater into the sewer system during an inspection program several years ago. The repair of the lines has cut down on the amount of groundwater being unnecessarily treated at the Arbennie Pritchett Water Reclamation Facility (conserving capacity) and will prevent future potential subsidence of the ground surrounding the leaking lines. OCWS staff is satisfied with the quality of work performed on the original phase and is ready to add to the contract, to facilitate the rehab of more gravity sewer. The next phase (Change Order #1) will consist of pre-rehabilitation cleaning and CCTV inspection of an additional 45,000+ LF of gravity sewer previously identified as problematic, primarily on the Island and in the Ocean City/Wright areas. In addition, two heavily corroded cast iron pipe lines (one under Eglin Parkway in Shalimar) will be cleaned with specialty equipment, then relined in this phase. The original contract was awarded to Insituform Technologies LLC in the amount of $288,383. This change order will add $193,820.00 to the original contract, for a revised contract total of $482,203. The Change Order Form and project breakdown spreadsheet are attached for your review. No change in contract time is needed for this change order. Although this is called a "change order", no changes are being made to the contract terms and conditions, time, or unit prices; this change order simply adds scope/quantities, as was originally intended to be Phase II. OPTIONS: Approve or deny. RECOMMENDATION: OCWS requests BCC approval to authorize the Chairman to execute Change Order #1 to Contract # C12-1955-WS with Insituform Technologies LLC, adding $193,820.00 in scope of work for the rehabilitation of gravity sewer (Phase II of maintenance contract). Packet Pg. 459 RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 460 Packet Pg. 461 Packet Pg. 462 Packet Pg. 463 Packet Pg. 464 Packet Pg. 465  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: March 4, 2014 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Special Event - V S Pink Spring Break 2014 DEPARTMENT: Public Works BCC DISTRICT: Five STATEMENT OF ISSUE: Relevent, a marketing firm, is requesting the use of James Lee Park for a promotional event. BACKGROUND: County Ordinance #13-07 (regulation of county recreational areas, including parks and beaches) addresses Special Events at county parks, beaches or recreational areas within Okaloosa County. A request has been received from Relevent on behalf of V S Pink for use of James Lee Park for its Spring Break 2014 event on the beach. The event is to be held Thursday, March 13th, 2014 from 12:00 p.m. until 5:00 p.m. Event activities are to be a slip-n-slide, a bean bag toss game and volleyball. An inflatable dome with juice station and cooling lounge will also be set up on the beach. There will also be a DJ. A shuttle bus is to provide transportation to James Lee Park from Walton County. Estimated attendance is 500 to 1000 people. This request has been reviewed and approved by Emergency Services, the Okaloosa County and Walton County Sheriff's Offices, and the leaseholder at the Crab Trap at James Lee Park. OPTIONS: Approve / Disapprove RECOMMENDATIONS: Staff requests Board approval for a Special Event Permit from Relevent on behalf of VS Pink for use of James Lee Park for the specified special event. RECOMMENDED BY: APPROVED BY: Packet Pg. 466 Ernie Padgett, County Administrator Packet Pg. 467 Packet Pg. 468 Packet Pg. 469 Packet Pg. 470 Packet Pg. 471 Packet Pg. 472 Packet Pg. 473  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: March 4, 2014 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: MSBU/MSTU Policy Revisions DEPARTMENT: Public Works BCC DISTRICT: All STATEMENT OF ISSUE: Staff has recently received several requests from the public to establish road construction MSBU/MSTU's and found room for innovation and improvement in the existing policy. BACKGROUND: Commissioner Boyles' office has received several inquiries in the past months for establishment of road construction MSBU/MSTU's. Upon beginning the project feasibility review for these projects, several areas were found for improvement in the process, along with the County's role in the construction and management of projects that would make the projects more likely to be successful. Commissioner Boyles, having been involved heavily in the meetings with the interested citizens’ groups, offered the opportunity to coordinate the proposed revisions. In essence, the revised policy reflects set time frames for establishment of the MSBU/MSTU's, and provides cost incentives in the form of providing County equipment and labor for construction, if projects are built to County paved road standards including providing the necessary right-of-way by landowners along with the project. Staff believes that these changes will help define the processes more clearly and, in consideration of the labor incentives being offered, will give these projects every possible chance of being successful. OPTIONS: Approve/Disapprove. RECOMMENDATIONS: Staff requests Board approval of the amended MSBU/MSTU policy to include provisions for the construction of new roadways and other ancillary revisions as included herein. RECOMMENDED BY: Packet Pg. 474 APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 475  Okaloosa County Board of County Commissioners MSBU Municipal Benefit Service Unit Program 2/26/2014 Municipal Benefit Service Units (MSBU) are special assessment districts created by the Board of County Commissioners and administers non-ad valorem assessments levied for various local improvements. Packet Pg. 476 Table of Contents INTRODUCTION ......................................................................................................................................................... 1 MSBU CALENDAR YEAR SCHEDULE.................................................................................................................... 5 TYPES OF MSBU DISTRICTS & SERVICES ............................................................................................................ 6 COSTS INVOLVED IN THE MSBU PROCESS ......................................................................................................... 6 MSBU BOUNDARIES ................................................................................................................................................. 7 DISSOLUTION PROCEDURES FOR MSBUs ........................................................................................................... 9 EXCEPTIONS TO THE GUIDELINES ..................................................................................................................... 10 DETAILED PROCEDURES, CONSTSRUCTION DISTRICTS ............................................................................... 11 DETAILED PROCEDURES, STREET LIGHTING DISTRICTS ............................................................................. 16 APPLICATION AND DESIGNATION OF SPECIAL DISTRICT ........................................................................... 20 ii Packet Pg. 477 INTRODUCTION The Okaloosa County Board of County Commissioner's Municipal Services Benefit Unit (MSBU) Program is a community self-help program. It provides a vehicle by which communities may enhance their efforts to secure quality construction of essential improvements. The success of the program is directly related to the cooperative effort of each resident, the community and the County. Municipal Services Benefits Units (MSBU) Municipal Services Benefits Units (MSBU) are special assessment districts created by the Board of County Commissioners under the authority of Florida Statutes 125.01. Under this Statute the Board has the authority to create special districts to provide a variety of services including fire protection, street lighting, transportation and drainage, etc. The services or improvements within the MSBU must specifically benefit the property owners to be assessed for the improvements or services. MSBU Special Assessments are collected through the "Uniform Method of Collection" as authorized in Florida Statute 197.3632 and are billed along with other Property Taxes each November. The method of collecting for some of the assessments will be reimbursement through municipal or Okaloosa County Water and Sewer utility billing. Role of the Citizens Participating in the MSBU It is the responsibility of the citizens within the proposed MSBU to organize support for the MSBU, prepare the petition for submittal to the Board of County Commissioners and develop the general scope of work for what the MSBU will accomplish. Specific requirements of the petition, fees, and other submittals will be discussed in detail in the document below. Role of the Board of County Commissioners and Staff The Board of County Commissioners acts as the governing body of the districts. The Board must adopt the MSBU budget, establish the level of services to be provided, and levy the special assessment to pay for the services. County staff is responsible for preparation of resolutions, ordinances, scheduling required public hearings and publishing required legal and display notices in the newspaper. County staff mails a notice to each property owner in the first year a special assessment is levied. Role of the Property Appraiser The Property Appraiser provides to the Board of County Commissioners information 1 Packet Pg. 478 from the data base maintained by his office such as owner's name, address, value of the property, front footage, size and type of structures, as well as section maps detailing the proposed district etc. Role of the Tax Collector The Tax Collector's Office is responsible for the annual billing for collection of non-ad valorem assessments based on the information transmitted to his office. The information transmitted to the Tax Collector is prepared by the County Staff. For non-ad valorem assessments, the transfer of this information to the Tax Collector must be completed no later than September 15 of each year to be included in the Uniform Tax bills mailed in November. The Board of County Commissioners is responsible for the payment of actual cost incurred by the Tax Collector in billing the non-ad valorem Assessments. The Tax Collector is responsible for the collection of delinquent non-ad valorem assessments. The Tax Collector is responsible for the sale of tax deeds on ad valorem and non-ad valorem special assessments. Role of the Clerk of the Circuit Court The Clerk of the Circuit Court is responsible for recording and administering liens on unpaid non-ad valorem assessments. Policy Highlights The funds raised are public funds and must be collected, accounted for and spent in accordance with applicable laws regarding public funds. Only public property can be maintained and improved by a MSBU; access must be open to all members of the public equally. In addition, adequate easements or property dedications must be provided if needed. Okaloosa County may establish MSBUs within municipalities upon the approval of the respective city government in accordance with Florida Statutes 125.01(1)(p).  A petition process is used in establishing MSBU's to ensure community awareness and involvement in the decision-making process. This also increases recognition of the public nature of the improvements and the responsibility of property owners for payment of the assessments. - The minimum percentage required for the petition is as follows: 1. 66% of the property owners representing 66% of the property for a capital improvement MSBU. 2. 51% of the property owners representing 51% of the property for a service or street lighting MSBU. 2 Packet Pg. 479   Cost estimates are available at the time of obtaining petition signatures to aid provision of complete information. - The Public Works Engineering Division will provide appropriate preliminary engineering in order to obtain valid preliminary cost estimates for construction projects.  Design and construction work for capital projects is done by County staff, contingent upon approval by the Board of County Commissioners, up to the financial limits as set forth by Florida State law. Projects exceeding the statutory limits or staffing capabilities of the County will be competitively bid out for design and/or construction. Street lights are installed and subsequently maintained by the appropriate power provider.  Separate accounts are maintained for each district.  An additional petition and public hearing is required prior to beginning construction of any capital project if the total project cost estimates increase 20% or more above the estimate included in the initial petition required to establish the district.  Designation of a liaison by each district is important for maximum neighborhood input and on-going coordination between the community and the County. In addition, a central County staff contact is designated for each project.  The district liaison is authorized to request minor changes that may be needed over time. Minor changes, are defined as those which represent an estimated increase in total annual cost / assessments of no more than 10%. These requests are then presented at a Public Hearing to allow opportunity for public input, and approval/disapproval by the Board of County Commissioners. General Guidelines for Establishing New MSBU Districts STATUTORY AUTHORITY Chapter 125.01(q)1 of the Florida Statutes authorizes the Board of County Commissioners to provide for the establishment, merging, or abolishment of municipal services taxing (MSTUs) or benefit units (MSBUs) on any part or all of the unincorporated area of the county. It also provides for a County MSTU or MSBU to include all or part of a municipality subject to consent by ordinance of the governing body of the municipality. The law permits such districts to be created for the purpose of providing and maintaining facilities or services which specifically benefit property owners in a particular area. The facilities or services must provide a public purpose. Typical improvements include road paving, drainage, and street lighting. 3 Packet Pg. 480 Chapter 197.3632 of the Florida Statutes provides for the levy, collection and enforcement of non-ad valorem assessments through the uniform method. Non-ad valorem assessments are not based on millage but on the cost to provide the improvement(s) and the corresponding benefit to the assessed property. They are collected through the tax bill method and can become a lien against a homestead. Reference the timeline to impose the uniform method of non-ad valorem assessments as established in Florida Statute 197.3632 on the following page. 4 Packet Pg. 481  MSBU CALENDAR YEAR SCHEDULE Before January 1 4 consecutive week public notice notification that the local government has intent to use the uniform method of collection for non-ad valorem assessment By January 1 Adopt a resolution at a public hearing (by March 1 if local government, property appraiser, and tax collector agree) By January 10 Local government mails a copy of the resolution to property appraiser, tax collector, and the Department of Revenue (by March 10 if the local government, property appraiser, and tax collector agree) By June 1 Property Appraiser provides local government with legal descriptions, names and addresses of the property owners within boundary of MSBU Between January 1 to September 15 20 Days Prior to the public hearing to adopt a non ad-valorem roll local government shall notice the hearing by first class mail and by newspaper. The notice by mail shall be sent to each property owner that shall be subject to the assessment Between January 1 and September 15 Local government adopts a non ad-valorem roll at public hearing if: 1) Non ad-valorem assessment is levied for the first time 2) assessment is increased beyond the maximum rate authorized 3) upon any boundary changes 4) upon change of purpose or use of revenue Between January 1 and September 15 Written Objections – Property owners have a right to appear at the hearing and to file written objections with the local government within 20 days of the notice Local government makes agreement with Property Appraiser and Tax Collector for providing reimbursement of administrative costs. (Postage, forms, supplies, etc.) 5 Packet Pg. 482 TYPES OF MSBU DISTRICTS & SERVICES Currently there are two (2) types of MSBU Districts in Okaloosa County. These are described below. Construction Districts  Construction/reconstruction to current County or alternate/interim standards - Area to be improved is platted/dedicated to the public. - Area to be improved is currently private; proof of ability to transfer the area to public ownership must be submitted as part of the application for establishment of a MSBU. Construction materials provided by MSBU. Engineering, construction labor and equipment provided by County staff contingent on approval by the Board of County Commissioners. Street Lighting Districts  Construction/reconstruction and maintenance. These services are provided by the appropriate power provider  Lights will be installed and subsequently maintained by appropriate power provider COSTS INVOLVED IN THE MSBU PROCESS Costs involved with every district:  $100 application fee. The application fee shall not be returned if the MSBU is not established  5% Administrative fee for collecting agency (or as addressed on a case-by-case basis for MSBU’s.)  1/2% Tax Collector commission  Reserves for contingencies/cash balance forward 6 Packet Pg. 483   Any costs incurred for advertisement and publications  Additional Construction District costs  Annual repayment of financing, if required  Materials and right-of-way costs (All labor and equipment will be provided by County staff, contingent on Board of County Commissioner approval.)  Interest on any funds borrowed through the construction period, if required Additional Street Lighting District costs:  Installation costs and facilities costs as provided by the power provider  Reserves which total 120% of annual estimated expenditures MSBU BOUNDARIES Municipal Services Benefits Units (special assessment districts) may be created for the following types of areas in Okaloosa County:  Platted, unplatted, or metes and bounds, where area to be improved is public 1. Initial Request for MSBU Procedures Interested homeowners should send a letter, or call, requesting, “Guidelines and Procedures” for the establishment of a special assessment district to: Okaloosa County Public Works 1759 South Ferdon Blvd. Crestview, Florida 32536 (850)689-5772 The request must identify:  the area affected (e.g., community, subdivision or street)  the type of improvement involved (e.g., paving and drainage or street lighting)  the type of district contemplated (i.e., construction or street lighting) 7 Packet Pg. 484 2. Application for District Public Works will provide the “Guidelines and Procedures” booklet to use in requesting establishment of a district. The necessary information and completed forms are returned to Public Works as the formal application for a district, along with a $100.00 application fee. An informative letter can be mailed, if deemed necessary, to all of the property owners in the proposed area to be improved or a meeting may be scheduled to advise the property owners of the submitted application for an MSBU. 3. Petition Submission The Board of County Commissioners has determined that a petition serves as an indicator of the amount of community interest for a proposed project. The petition process is not a requirement of Florida Law. The petition will be provided to the District Liaison. 4. Petition Acceptance The Board of County Commissioners shall consider petitions signed by at least 66% (51% for Street Lighting Districts) of the current property owners (number of owners) representing at least 66% (51% for Street Lighting Districts) of the properties (number of lots) within the district boundaries. If the petition meets the above requirements and is accepted by the Board of County Commissioners, a public hearing shall be authorized for the consideration of an ordinance to establish the district. Please note that once the petition is accepted and a public hearing is authorized, the petition is not binding as to a final determination by the Board of County Commissioners to proceed with the project. 5. First Public Hearing When the proposed ordinance and all documents are in order and a public hearing date is scheduled, legal notices will be published in the newspaper. In addition, notification will be mailed to all property owners listed on the tax roll within the proposed district. At the public hearing, the Board of County Commissioners may consider comments, objections, and information relevant to the creation of the district. The County Commissioners may enact or deny the ordinance. If the ordinance is enacted, it will 8 Packet Pg. 485  be officially recorded the Okaloosa County Clerk’s Office, reflecting the preliminary assessment amount for each property. 7. Implementation The final engineering plans are prepared by County staff, contingent upon approval of the Board of County Commissioners. Upon completion of the final engineering plans, if the total project cost is 20% or more over the preliminary cost estimates, an additional petition process will be conducted and an additional public hearing will be held by the Board of County Commissioners to determine if the affected citizens desire the project to continue. Notices for this public meeting will be published in the newspaper; notification will also be mailed to all property owners listed on the tax roll within the proposed district. 8. Final Public Hearing After construction is complete, all costs relating to the project are compiled by Public Works. The Board of County Commissioners is requested to authorize a Final Public Hearing to adopt the Final Assessment Resolution or enact an Amended Ordinance. All property owners listed on the roll within the district will be notified of the Public Hearing and the results. The final adjusted assessments will be recorded Okaloosa County Clerk’s Office. Notification and action concerning subsequent annual increases or decreases in the yearly assessments will be governed by: - Requirements of Florida Statutes; - County policy; and - On-going coordination mechanisms between the District and County identified in the Detailed Procedures DISSOLUTION PROCEDURES FOR MSBUs Upon written request, the County will provide guidelines for dissolving an existing district. The steps to take in requesting dissolution of a district are:  Submission of an application to dissolve the district and $100 application fee.  Submission of a petition which includes a statement regarding funding to pay for any outstanding financial obligations and distribution of credits of the district. 9 Packet Pg. 486   The petition, to be considered, must be signed by at least 66% (51% for Street Lighting Districts) of the current property owners (number of owners) representing at least 66% (51% for Street Lighting Districts) of the assessed properties (measured consistent with the method of assessment) within the district boundaries.  Notice and Public Hearing by the Board of County Commissioners to establish final assessments EXCEPTIONS TO THE GUIDELINES The Board of County Commissioners may address exceptions to any of the guidelines on a case-by-case basis. QUESTIONS? Contact the Okaloosa County Public Works 850-689-5772 NOTE: Detailed Procedures for each type of District should be consulted for more specific information concerning requirements and procedures. 10 Packet Pg. 487 DETAILED PROCEDURES, CONSTSRUCTION DISTRICTS 11 Packet Pg. 488  CONSTRUCTION DISTRICTS DETAILED PROCEDURES Initial Request for MSBU Procedures Upon request of the procedures to establish an MSBU, Public Works will forward a copy of the “Guidelines and Procedures” booklet to the requestor. The request should be made to: Okaloosa County Public Works 1759 South Ferdon Blvd. Crestview, Florida 32536 (850)689-5772 The request must identify:  the area affected (e.g., community, subdivision or street)  the type of improvement involved (e.g., paving or drainage)  the type of district contemplated (i.e., construction or street lighting) Application for District In order to proceed with establishing a district, interested homeowners must submit the following as the official request for consideration: 1. Scope of Services for the proposed improvement or construction.  Thoroughness in describing the desired scope of services is important as it is the key to the development of more accurate preliminary cost estimates. 2. A map depicting the proposed district boundary.  Boundaries must be continuous and not split parcels or lots. Enclaves are not allowed if the reason is to remove a lot or lots because the property owner is not in favor of the establishment of the district.  The district to be assessed does not necessarily include an entire subdivision if the entire subdivision does not materially benefit from the proposed action.  Districts may be established in unplatted residential areas where the proposed action benefits property owners in a definable geographic area. 12 Packet Pg. 489   Districts must contain a minimum of two distinct taxable (or platted) pieces of property. 3. Contact person and proposed liaison names, addresses and phone numbers. 4. $100.00 application fee made payable to the Board of County Commissioners, Okaloosa County. Application Review/Preliminary Engineering Report Upon receipt of the application for a MSBU, a letter may be mailed to each property owner advising of the application’s submittal and the imminent petition process. The District Commissioner may request an informative meeting with the property owners to discuss the MSBU process. Upon request by the district Liaison and with sufficient notice, Public Works is available to attend any community meetings concerning the establishment of the district. Notification to property owners of any County-sponsored meeting will be coordinated through Public Works. Public Works would appreciate the opportunity to review any correspondence relating to the establishment of the district prior to circulation. Public Works will review the items submitted as part of the application to confirm that the information is complete. The application will then be forwarded to appropriate departments for review of the scope of work and plat information. Preliminary engineering is required for sidewalk and roadway/drainage construction or replacement.  All engineering and construction will be provided by County staff, contingent upon approval by the Board of County Commissioners, up to the financial limits as set forth by Florida State law. Projects exceeding the statutory limits or staffing capabilities of the County will be competitively bid out for design and/or construction.  All material costs will be funded by the MSBU. County staff will present any requests for County participation in capital projects to the Board of County Commissioners for consideration. Petition Submission The Board of County Commissioners has determined that a petition serves as an indicator of the amount of community interest for a proposed project. The petition shall reflect the cost for preliminary engineering and the cost estimates for 13 Packet Pg. 490 final engineering and construction, provided by the preliminary engineering report. The petition shall also reflect the appropriate reserves, contingencies, administrative fees and interest expense during the construction period. The petition shall be prepared with assistance from the Public Works Division and the District Liaison. County staff will identify a date for petition return of 30-60 calendar days based upon target time frame for public hearing and upon length of time cost estimates will be valid. Petition Acceptance The petition, to be considered, must be signed by at least 66% of the current property owners (number of owners) representing at least 66% of the assessed properties (number of lots) within the proposed district boundaries.  A property owner is the individual or group of individuals that own a parcel of land.  Okaloosa County Property Appraiser and Tax Collector data shall be used to determine eligible signatures of owners. All of the non-related current owners of a parcel or the designated trustee must sign the petition for the ownership and parcel to count towards the 66% requirements.  Once submitted, names may not be withdrawn from the petition. Upon return, County staff will review the petition for sufficiency. No petition will be accepted without the signatures of all property owners who would be required to dedicate right-of-ways or easements to the County. If the petition is accepted, Public Works will request that the Board of County Commissioners authorize a public hearing for consideration of the ordinance to establish the district. Please note that once the petition is accepted and a public hearing is authorized, the petition is not conclusive to the final determination by the Board of County Commissioners to proceed (or not) with the project. The final determination of the scope and feasibility of a project will be determined by Okaloosa County. Public Hearing When the proposed ordinance and all documents are in order and a public hearing date is scheduled, legal notices will be published. In addition, notification will be mailed to all property owners listed on the tax roll within the proposed district. No public hearing will be scheduled unless all affected property owners have agreed to 14 Packet Pg. 491 dedicate the necessary right-of-way to the County. At the public hearing, the Board of county Commissioners may consider comments, objections, and information relevant to the creation of the district. The County Commissioners may amend, enact, or deny the proposed ordinance. Implementation Final engineering plans are prepared by County staff for construction projects to include sidewalk, and roadway/drainage work. Property owners are responsible for material costs of any construction projects. County staff will perform construction work as approved by the Board of County Commissioners.  If recalculated project costs, using information derived from final engineering data, would represent an increase of 20% or more, an additional petition process will be required and an additional public hearing held. Notice of this public hearing will be published; in addition, notification will be mailed to all property owners. Final Public Hearing After construction is complete, all costs relating to the project will be compiled by Public Works. Public Works will request to schedule a Final Public Hearing to adopt the final assessment through a resolution or amending ordinance. The Public Hearing will be advertised and notification mailed to all property owners listed on the tax roll within the district. If adopted, the Resolution or Amending Ordinance, including Final Assessment Liens, will be recorded in the Okaloosa County public records. Term of the repayment for construction costs may be determined as follows: Individual Assessment Amount Term $3,000 and up 10 years $2,500 to $2,999 8 years $2,000 to $2,499 6 years $1,500 to $1,999 4 years $1,000 to $1,499 3 years $ 500 to $ 999 2 years $ -0- to $ 499 1 year Final determination as to the terms of repayment will be made by the Board of County Commissioners in conjunction with Public Works and the Okaloosa County Clerk of Courts. Annual Assessments are collected either through the Tax Collector of Okaloosa County, in the same manner as all other County taxes are collected or assessments will be reimbursed through municipal or Okaloosa County Water and Sewer utility billing. 15 Packet Pg. 492 DETAILED PROCEDURES, STREET LIGHTING DISTRICTS 16 Packet Pg. 493  STREET LIGHTING DISTRICTS DETAILED PROCEDURES Initial Request for MSBU Procedures Upon request of the procedures to establish an MSBU, Public Works will forward a copy of the “Guidelines and Procedures” booklet to the requestor. The request should be made to: Okaloosa County Public Works 1759 South Ferdon Blvd Crestview, FL 32536 (850) 689-5772 The request must identify:  the area affected (e.g., community, subdivision or street)  the type of improvement involved (i.e., street lighting)  the type of district contemplated (i.e., street lighting) Application for District Application can be made by interested property owners for establishment of a new street lighting district or changes or additions to an existing one. In order to proceed with establishing a new district interested homeowners or property owners must submit the following as the official request for consideration:  $100.00 application fee (per street lighting district) made payable to the Board of County Commissioners, Okaloosa County.  Contact individual and proposed liaison names, addresses and phone numbers.  A copy of the cost estimate for streetlight improvements as prepared by the appropriate power provider.  Copy of a map with: o Proposed boundaries for the district outlined. o Boundaries must be continuous and not split parcels or lots. Enclaves are 17 Packet Pg. 494  not allowed if the reason is to remove a lot or lots because the property owner is not in favor of establishment of the district. o Tracts for drainage, buffer zones, etc. are usually included in the district but not assessed for street lighting. o The district to be assessed does not necessarily include an entire subdivision if the entire subdivision does not materially benefit from the proposed action. o Districts must contain a minimum of two distinct taxable (or platted) pieces of property. Petition Submission The Board of County Commissioners has determined that a petition may serve as an indicator of the amount of community interest for a proposed project. The petition process is not a requirement of Florida Law. Public Works will prepare a petition for distribution by the District Liaison. Only petitions prepared by Public Works will be accepted. The petition will reflect the various charges included in calculating the assessments. The street lighting assessment will include: all costs associated with installation of the streetlights, as determined by the appropriate power provider, 5% administrative fees for collection of the assessments, and a reserve which totals 120% of the proposed yearly expenditures. Petition Acceptance The petition, to be accepted, must be signed by at least 51% of the current property owners (number of owners) representing at least 51% of property (number of lots or number of front feet, measured consistent with the method of assessment) within the district boundaries.  A property owner is the individual or group of individuals that own a parcel of land.  In determining eligible signatures of owners, all of the non-related current owners of a parcel or the designated trustee must sign the petition for the ownership and parcel to count towards the 51% requirements.  Once submitted, names may not be withdrawn from the petition. 18 Packet Pg. 495 Upon return, Public Works will review the petition for acceptability, consulting other departments as appropriate. If the petition is acceptable, Public Works will request that the Board of County Commissioners schedule a public hearing for consideration of the ordinance to establish the district or revisions to the ordinance for the existing district to incorporate the changes. Please note that once the petition is accepted and a public hearing is authorized, the petition is no longer relevant to the final determination by the Board of County Commissioners to proceed (or not) with the project. The final determination of the scope and feasibility of a project will be determined by Okaloosa County. Public Hearing When the proposed ordinance and all documents are in order and a public hearing date is scheduled, legal notices will be published. In addition, notification will be mailed to all property owners listed on the tax roll within the proposed district. At the public hearing, the Board of County Commissioners may consider comments, objections, and information relevant to the creation of the district. The County Commissioners will enact or deny the ordinance. If the ordinance is enacted, appropriate Board authorization to record the Ordinance in the Recording Department, Okaloosa County Clerk’s Office, will be requested. Implementation Upon execution of the Ordinance by the Board, the local power provider can begin installation of the lights and poles to be put in service. Modifications to Existing Street lighting Districts Modifications to street lighting districts may be requested by property owners within the existing district. Requests are made in writing to Public Works and must follow all procedures listed above beginning with the petition submission. Cost estimates, as provided by the appropriate power provider, for any modifications to an existing district will be included in the petition. 19 Packet Pg. 496  APPLICATION AND DESIGNATION OF SPECIAL DISTRICT CONTACT/LIAISON INDIVIDUALS Primary Liaison for designation on petition and coordination during implementation of District: Name _________________________________________________ Street Address______________________________________________________ City/Zip Code_______________________________________________________ Phone Numbers – Day________________________ After Hours___________________ Back-up Liaison: Name _________________________________________________ Street Address______________________________________________________ City/Zip Code_______________________________________________________ Phone Numbers – Day________________________ After Hours___________________ Community, Subdivision or Street Name for the Project _______________________________________________ Type of Improvement (streetlighting, road paving, etc.) ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 20 Packet Pg. 497 Ann Halbert From: John Dowd Sent: Wednesday, February 26, 2014 11:01 AM To: Ann Halbert Cc: John Hofstad; Clay Simmons; Nathan Boyles Subject: RE: MSBU Policy Follow Up Flag: Follow up Flag Status: Flagged Ann: You need to correct throughout the policy by adding that some of the assessments are collected via the utility bills. Thanks, John From: Ann Halbert Sent: Wednesday, February 26, 2014 10:43 AM To: John Dowd Cc: John Hofstad; Clay Simmons Subject: MSBU Policy Hello Mr. Dowd, Here is the document for the MSBU Policy, I understand you have a simple change. Please let me know and I will be happy to make the correction. Sincerely, Ann Ann Halbert, Public Works Coordinator Okaloosa Board of Commissioners 1759 S. Ferdon Blvd. Crestview, FL 323536 Office: (850) 651-7594 or 689-5772 Direct: (850) 423-4830 Website: http://www.co.okaloosa.fl.us Please note: Due to Florida's very broad public records laws, most written communications to or from County employees regarding County business are public records, available to the public and media upon request. Therefore, this written e-mail communication, including your e-mail address, may be subject to public disclosure. 1 Packet Pg. 498  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: March 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Don Turner SUBJECT: Authorize Negotiations with D-B Contractor on Crestview Courthouse Project DEPARTMENT: Facility Maintenance BCC DISTRICT: All STATEMENT OF ISSUE: (FM) Requests Board authorization to enter negotiations with the top ranked design-build firm that submitted a proposal on the Crestview Courthouse Project. BACKGROUND: On 11/5/2013, the BCC authorized the preparation of an RFQ for Design- Build services for the Crestview Courthouse Project. The proposal submission period closed on 12/5/2013. Copies of proposer's proposal packages were distributed to members of the BCC designated selection committee made up of Commissioner Nathan Boyles, Ernie Padgett (County Administrator), Donald Turner (Facilities Maintenance Director), Jason Autrey (County Engineer), and Elliott Kampert (Growth Management Director) for evaluation. The selection committee met on February 20, 2014 to review all submitted proposal and to make a selection based on that review. Also present during the selection process were Jack Allen and Joanne Kublik, both from county Purchasing, who proctored the process. At the conclusions of the process, AJAX was ranked #1 by the collective selection committee. RECOMMENDATIONS: Staff recommends that the Board authorize negotiations with AJAX for the Design-Build contract on the Crestview Courthouse Project. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 499  CONTRACT & LEASE INTERNAL COORDINATION SHEET Contract/Lease Number: Number: 79 _/Y Contractor/ Lessee Name: Grant Funded: YES_ NO Purpose: eç 1L j i2 t4 J 4 (rcer P. Fa LC.I-I Date/Term: 1. RGREATER THAN $50,000 Amount: 2. F1 GREATER THAN $25,000 Department: t1IvL 3. LI $25,000 OR LESS Dept. Monitor Name: Po# Tt..tv'-er Document has been reviewed and includes any attachments or exhibits. t Purchasing Review Pr requireme r met: Pu 7, ~~ 1 nDirectoro esignee Date: // /- 13 A pX WZ: Risk Management Review Date: County Attorney Review Arit9 Date: Coty Attorney Following Okaloosa County approval: Contracts & Grants Document has been received: Date: Contracts & Grants Manager Packet Pg. 500  z 0 V) M) U) ad 0 1) N (W) — CO U) I-. 0 0 -I LU ci) -4- a a U.' >< U) U) < '0 0 'O 0 N GO '0 U- - I V) U.' w - o >< a ) >— 0) CL -' a z 0 co o E < - 0 —i ci (I) ) o - •- C 0 0 o z LU LU - Q I- Packet Pg. 501  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: March 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Don Turner SUBJECT: Update from Lord & Son on Shalimar Project DEPARTMENT: Facility Maintenance BCC DISTRICT: All STATEMENT OF ISSUE: (FM) Request for BCC direction on the Shalimar Project given the concept update from Lord & Son. BACKGROUND: Design development for new proposed new building on the former Shalimar Courthouse Annex campus is moving along at a quick pace. The project design is near a 35% stage. The next step is to develop full construction drawings in preparation for funding and permitting activities. With the May 5th, 2014 deadline for demolition activities to begin rapidly approaching, further direction from the BCC is needed at this time accepting the plans as presented and authorizing the design team to move forward to begin developing the construction drawings. A representative from the design-build team will update the Board pursuant to the request for additional information. RECOMMENDATIONS: Request the BCC to approve the 35% design drawings and authorize the design team to begin developing the construction drawings. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 502 Packet Pg. 503 Packet Pg. 504 Packet Pg. 505 Packet Pg. 506 Packet Pg. 507