Okaloosa County BOCC — March 4, 2014 — Repair & Paint Countryview & Bluewater Tanks — reading text

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  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  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  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  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  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