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HomeMy WebLinkAboutAgreementDocuSign Envelope ID: OA98CO87-855E-4FCD-87DF-F4FO6BE3595E PIGGYBACK AGREEMENT FOR SERVICES BETWEEN THE CITY OF SEBASTIAN AND HEARD CONSTRUCTION. INC. THIS AGREEMENT is made and entered into on June 12 , 2024 by the City of Sebastian, Florida, a municipal corporation of the State of Florida, (hereinafter referred to as "CITY") and Heard Construction, Inc. (hereinafter "VENDOR"). WHEREAS, the School Board of Brevard County has previously entered into a contract with Vendor to provide General Contractor Services for Minor Projects Under $300,000 on December 12, 2023 (attached as Exhibit A hereto); and WHEREAS, the City of Sebastian wishes to enter into a like contract with Vendor under the same terms and applicable conditions as that prior agreement entered into by the School Board of Brevard County to provide General Contractor Services for Minor Projects Under $300,000 and other related tasks as may be assigned by the City; and WHEREAS, Chapter 287, Florida Statutes and purchasing procedures of the City of Sebastian grant the authority to piggyback the purchase of goods and services as a form inter- governmental cooperative purchasing in which a public purchaser requests competitive sealed bids, enters into a contract, and arranges, as part of the contract, for other public purchasing units to purchase from the selected vendor under the same terms and conditions as itself in order to take advantage of the better pricing that large purchasers are able to obtain in order to reduce administrative time and costs involved in the procurement process (i.e., cost of preparing bid specifications, advertising, etc.); and WHEREAS, the City of Sebastian has determined that in this circumstance, piggybacking onto a contract entered into by the School Board of Brevard County is the most economically advantageous way to procure these goods and services. NOW THEREFORE, in consideration of the mutual covenants, terms, and provisions contained herein, the parties agree as follows: 1. TERM The initial term shall be for three years expiring on December 11, 2026. This Agreement may be renewed for one (1) additional two (2) year period, if the renewal option is exercised by the School Board of Brevard County 2. GENERAL PROVISIONS All other terms and conditions of the contract and any amendments thereto entered into between the School Board of Brevard County and Vendor referenced above will be applicable to this agreement unless specified herein. DocuSign Envelope ID: OA98CO87-855E4FCD-87DF-F4FO6BE3595E 3. NOTICES All notices and demands shall be sent U.S. Certified Mail, return receipt to: VENDOR: Andy Day, President Heard Construction, Inc. 95 Hall Road Merritt Island, FL 32953 4. PUBLIC RECORDS CITY: Brian Benton, City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT JEANETTE WILLIAMS, THE CUSTODIAN OF PUBLIC RECORDS AT 772-388-8215 OR EMAIL JWILLIAMS(a.CITYOFSEBASTIAN.ORG CITY OF SEBASTIAN, 1225 MAIN STREET, SEBASTIAN, FLORIDA 32958 Vendor agrees to comply with public records laws, specifically to: A. Keep and maintain public records required by the public agency to perform the service. B. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. D. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. DaeuSign Envelope ID: OA98CO87-855E-4FCD-87DF-F4FO6BE3595E IN WITNESS WHEREOF, the parties hereto have through their duly authorized representatives, approved and executed this Agreement as of the date set forth below. ATTEST: FD.cuSly..d by: (,a Qtaau U1eeo ATTEST: anette Williams, MMC City Clerk For the use and reliance of the City of Sebastian only. Approved as to form and legal sufficiency. e t D. Cockcroft, Esq. i y Attorney HEARD CONSTRUCTION, INC. AB ".819.dw: � V9 Andy My -,resident Date: 5/2/2024 1 8:26:54 AM PDT CITY OF SEBASTIAN, FL By{' v */ Brian Benton, City Manager Date: �/I )/;-axy DocuSign Envelope ID: OA98CO87-855EAFCD-87DF-F4FO6BE3595E EXHIBIT A The School Board of Brevard Countv. Florida Aueement with Heard Construction. Inc. DocuSign Envelope ID: OA98CO87-855EAFCD-87DF-F4FO6BE3595E RFP# 24-172-P-HD Board Approved: Brevard� Public Schools I\J AGREEMENT BETWEEN OWNER AND GENERAL CONTRACTOR FOR MINOR PROJECTS UNDER $300,000.00 This AGREEMENT is made as of the date of Board Approval, between THE SCHOOL BOARD OF BREVARD COUNTY, FLORIDA, (hereinafter called the "Owner") and, HEARD CONSTRUCTION, INC. hereinafter called the "Contractor", for services in connection with minor projects at various sites under $300,000.00. OWNER: The School Board of Brevard County (Name and address) 2700 Judge Fran Jamieson Way Viera, FL 32940-6601 CONTRACTOR: Heard Construction, Inc. (Name and address) 95 Hall Road Merritt Island, FL. 32953 PROJECT: GENERAL CONTRACTOR SERVICES FOR MINOR PROJECTS UNDER $300,000.00 In consideration of the mutual covenants and obligations contained herein, Owner and Contractor agree as set forth herein. Page 1 of 37 DocuSign Envelope ID: OA98CO87-855E-4FCD-87DF-F4FO6BE3595E ARTICLE 1 GENERAL PROVISIONS 1.1 SCOPE 1.1.1 DESCRIPTION OF SERVICES Contractor shall perform General Contractor Services on an as -needed basis at various locations throughout the Brevard County School District pursuant to Chapter 1013, Florida Statutes; State Requirements for Educational Facilities; Rule 6A-2.0010, Florida Administrative Code; and School Board Rules, for the use of The School Board of Brevard County, Florida (School Board). Contractor shall provide all material, equipment, tools and labor necessary to complete the Work described and reasonably inferable from the Contract Documents. 1.1.2 TERM The term of this Agreement shall be from the date of Board Approval for an initial three (3) year term, unless terminated as provided herein, or extended by supplement to this Agreement. This Agreement shall have the option to renew, with such option to be exercised by written agreement of the parties, for one (1) additional two (2) year period. 1.2 DEFINITIONS 1.2.1 CONTRACT DOCUMENTS The Contract Documents are enumerated in the Agreement Between the Owner and Contractor (hereinafter the "Agreement" or the "Contract Documents") and consist of the Agreement, RFP #, and Addenda (inclusive of final negotiated pricing), Project Work Request Form, Drawings, Specifications, Modifications, and Contractor's Project Quote (Category One Projects) or Bid Proposal (Category Two Projects). 1.2.2 INITIAL DECISION MAKER The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2. 1.2.3 PROJECT The Project is the total construction described in the Work Authorization of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner and by separate contractors. 1.2.4 DRAWINGS The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. 1.2.5 SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. Sections of Article 1 — General Requirements govern and supersede all other sections of the Specifications. 1.2.6 WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractors obligations. The Work may constitute the whole or a part of the Project. 1.2.7 PROJECT WORK REQUEST Owner developed document provided to Contractor for each Project to be undertaken which outlines the work location, estimated project budget, scope of work, and criteria for project pricing/bidding. Page 2 of 37 DocuSign Envelope ID: OA98CO87-855E-4FCD-87DF-F4FO6BE3595E 1.2.8 CATEGORY ONE PROJECTS Projects less than or equal to $3,000.00 (or the dollar amount as modified by School Board policy), Owner staff may choose any one (1) of the awarded firms to perform the work. The Contractor shall prepare an independent written estimate of the labor and materials required for the completion of the project as identified in the Project Work Request in compliance with Section 9.1.1 of this Agreement. 1.2.9 CATEGORY TWO PROJECTS Projects greater than $3,000.00 (or the dollar amount as modified by School Board policy), and less than $300,000.00, Owner staff will send a Project Work Request to all of the awarded firms, the firms will submit a written quote to the Owner staff and the Owner will award the project to the firm with the lowest responsive, responsible written quote in compliance with Section 9.1.2 of this Agreement. 1.2.10 LOCATION OF SERVICES Performance of services required by this Agreement will be conducted at various School Board owned facilities throughout Brevard County as identified in the Project Work Authorization. 1.3 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS 1.3.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. In the event of a conflict or inconsistency in or among the Contract Documents, the Contractor shall, unless directed otherwise in writing by the Owner, provide the greatest quantity, highest quality, highest degree of safety, and most stringent material, equipment or Work. In such cases, the appropriate scope of said Work, shall be determined by the Architect/Engineer in consultation with the Owner. Failure to report a conflict in the Contract Documents shall be deemed evidence that the Contractor has elected to proceed in the manner called for above. 1.3.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.3.3 The Contract Documents shall also include, by reference, the latest edition/revision in effect as of the date of the Project Work Request of: Owner's "Design Standards" and all applicable local, state and national building codes and related codes such as, but not limited to; Florida Building Code, Florida Fire Prevention Code, Florida Plumbing Code, Florida Mechanical Code, Florida Accessibility Code, National Electrical Code and State Requirements for Educational Facilities (SREF). F--1A11911111 =II Z14. IeAKCIAi1:4 7_1� 2.1.1 The Owner, The School Board of Brevard County, is the entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in the Project Work Request a representative who shall have authority to represent the Owner with respect to all matters requiring the Owner's representation. The Architect or Engineer do not have such authority. The term "Owner" means the Owner or the Owner's authorized representative. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. Page 3 of 37 DocuSign Envelope ID: OA98CO87-855E4FCD-87DF-F4FO6BE3595E 2.2.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. 2.2.3 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owners control and necessary to the Contractors performance of the Work with reasonable promptness after receiving the Contractors written request for such information or services. The Contractor shall, within twenty-one (21) days of receipt of any information furnished by the Owner pursuant to this paragraph, exercise reasonable and professional customary care to verify and confirm the accuracy of the information so furnished. In case of any inaccuracies, the Contractor shall promptly notify the Owner, who shall correct any such inaccuracies. Failure to notify the Owner within the twenty-one (21) day period shall act to bar any claims by the Contractor arising from the inaccuracy or any such information. 2.2.4 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one (1) copy of the Contract Documents for purposes of making reproductions. 2.3 OWNER'S RIGHT TO STOP THE WORK If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3. 2A OWNER'S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven (7) day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner's expenses and compensation for the Architect/Engineer's additional services and expenses made necessary by such default, neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR F7f[d4k,I4;7_1111 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Contractor shall hold a Certified General or Building contractors license issued by the State of Florida Construction Industry Licensing Board according to Chapter 469, Florida Statutes. The license must remain valid for the full term of this Agreement. 3.1.2 The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Agreement. The term "Contractor" means the Contractor or the Contractors authorized representative. 3.1.3 The Contractor shall perform the Work in accordance with the Contract Documents 3.1.4 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect/Engineer in the Architect/Engineer's administration Page 4 of 37 DocuSign Envelope ID: OA98CO87-855E-4FCD-87DF-F4FO6BE3595E of the Agreement, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1 Submittal of a response to the Project Work Request by the Contractor is a representation that the Contractor has carefully examined the Contract Documents, has visited the site, become thoroughly familiar with the nature and location of the Work, the conditions of the site as they exist, and the character of the operations to be carried out under the Contract Documents, including all existing site conditions, access to the site, physical characteristics of the site and surrounding areas, and all matters that affect the Work, or its performance. Because of such examinations and investigations, the Contractor further represents that he thoroughly understands the Contract Documents. The Contractor further represents that it will abide by all applicable codes, ordinances, laws, regulations, and rules as they apply to the Work. Claims for additional time or additional compensation because of the Contractor's failure to familiarize itself with all local conditions and the Contract Documents will not be permitted. 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.2.3, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Architect/Engineer and to the Owner any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect/Engineer or the Owner may require. It is recognized that the Contractor's review is made in the Contractors capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. 3.2.2.1 The accuracy of grades, elevations, dimensions, or locations of existing conditions is not guaranteed by the Architect/Engineer or the Owner. The Contractor is responsible for verifying same. If the Contractor performs construction activity when the Contractor knows, or should know in exercise in reasonable diligence, that an activity involves an error, inconsistency, or omission in the Contract Documents, the Contractor shall assume appropriate responsibility for such performance and shall bear an appropriate amount of the costs attributable for correction. 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect/Engineer and the Owner any nonconformity discovered by or made known to the Contractor. If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect/Engineer issues in response to the Contractors notices or requests for information pursuant the Contractor shall make Claims as provided in Article 15. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the Work, using the Contractors best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract. The Contractor shall review any specified or recommended construction or installation procedure, including those recommended by manufacturers, and shall advise the ArchitectEngineer: (1) if, in the Contractor's opinion, the procedure deviates from good construction practice; or (2) if following the procedure will affect any warranties, including the Contractors general warranty; or (3) of any objections the Contractor may have to the procedure; or (4) if the Contractor proposes any alternative procedure which the Contractor is willing to warrant. Page 5 of 37 DocuSign Envelope ID: OA98C087-855E4FCD-87DF-F4FO6BE3595E 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors, and for any damages, losses, costs, and expenses resulting from such acts or omissions. 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 3.4.2 Except in the case of minor changes in the Work jointly authorized by the ArchitecttEngineer and Owner in accordance with Sections 3.12.8 or 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect/Engineer and in accordance with a Change Order or Construction Change Directive. 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. KlEi37;1t7_Lri'1 3.5.1 The Contractor warrants to the Owner and ArchitecUEngineer that materials and equipment furnished under the Agreement will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements will be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the ArchitecttEngineer or Owner, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. The Contractor shall assign to the Owner all warranties and guarantees of manufacturers, Subcontractors, and others related to the Work. 3.5.2 The General Contractor shall promptly correct improper work, without cost to the Owner, within twenty-four (24) hours after receipt of notification of such faulty labor or workmanship. If the General contractor fails to correct the defects within twenty-four (24) hours, the Owner shall be entitled to have such work remedied and the General Contractor shall be fully liable for all costs and expenses reasonable, incurred by the Owner. Payments in full or otherwise do not constitute a waiver of this guarantee. The guarantee period shall be effective for one (1) year or as outlined in the Contract Documents kXlk if --XI *: 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 3.6.2 The Contractor recognizes that Owner is a political subdivision of the State of Florida and as such is entitled to direct purchase materials in order to save the state sales tax. Contractor shall provide Owner with a list of items that may be eligible for sales tax savings prior to purchasing these materials. In the event Owner opts to make Owner -direct purchases, the tax savings shall be accrued in a Sales Tax Savings Account. Materials provided under this Sales Tax Savings program by the Contractor shall be based on Page 6 of 37 DocuSign Envelope ID: OA98CO87-855E-4FCD-87DF-F4FO6BE3595E the actual prices quoted by the General contractor for the materials used plus the percentage markup proposed in the RFP response. The Sales Tax Savings Account shall be for the benefit of Owner only. Owner is the sole recipient of any sales tax savings and may use money generated by the savings for reduction of the Project cost, increases in the scope of Work, or any other purpose Owner so desires without extending the schedule. If any funds remain In the Sales Tax Savings Account at the completion of the Project, the Project cost shall be reduced by Change Order to return all unused Sales Tax Savings to Owner. 3.7 PERMITS, FEES, NOTICES, AND COMPLIANCE WITH LAWS 3.7.1 The Contractor shall secure, and the Owner shall pay for, the building permit. The Contractor shall secure as well as pay for other permits, fees, licenses, and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work. If the Contractor fails to give such notices, it shall be liable for and shall indemnify and hold harmless the Owner and the Architect/Engineer and their respective employees, officers and agents, against any resulting fines, penalties, judgments or damages, imposed on or incurred by the parties indemnified hereunder. 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs, damages, losses, and expenses attributable to correction. 3.7.4 Concealed or Unknown Conditions. If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect/Engineer before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The ArchitecUEngineer will promptly investigate such conditions and, if the ArchitecUEngineer determines that they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect/Engineer determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect/Engineer shall promptly notify the Owner and Contractor in writing, stating the reasons. If either party disputes the Architect/Engineer's determination or recommendation, that party may proceed as provided in Article 15. Information shown on the Drawings as to the location of existing utilities has been prepared from the most reliable data available to the Architect/Engineer. The Owner and the Architect/Engineer do not guarantee this information, and it shall be the Contractor's responsibility to verify the location, character and depth of existing utilities. The Contractor shall help the utilities companies, by every means possible to verify said locations and the locations of recent additions to the system not shown. 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superintendent and if required by the Project Scope necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. 3.9.2 The Contractor, as part of the response to the Project Work Request, shall furnish in writing to the Owner and the Architect/Engineer the name and qualifications of a proposed superintendent. Page 7 of 37 DocuSign Envelope ID: OA98C087-855E4FCD-87DF-F4FO6BE3595E 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect/Engineer has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner's consent, which shall not unreasonably be withheld or delayed. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and ArchitectlEngineer's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals not less than monthly as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. 3.10.2 The Contractor shall prepare a submittal schedule, promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, and shall submit the schedule(s) for the ArchitecUEngineer's approval. The Architect/Engineer's approval shall not unreasonably be delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor's construction schedule, and (2) allow the ArchitecUEngineer reasonable time to review submittals. If the Contractor fails to submit a submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to and approved by the Owner and Architect/Engineer. 3.11 DOCUMENTS AND SAMPLES AT THE SITE The Contractor shall maintain at the site for the Owner one copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and one copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to the Architect/Engineer and shall be delivered to the Architect/Engineer before the date of Substantial Completion (with the exception of underground utilities, which shall be submitted to the ArchitecUEngineer within thirty (30) days of completion of the utility work) for submittal to the Owner upon completion of the Work as a record of the Work as constructed. The Contractor shall maintain all approved permit drawings and documents at the site and make them accessible to inspectors, the Architect/Engineer, and the Owner at all times while the Work is in progress. Such documents shall be delivered to the Architect/Engineer before final payment. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub -subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. The Contractor shall not submit any shop drawing that is merely a tracing or other copy of any of the Contract Documents. Each shop drawing shall be prepared by the Contractor, or a subcontractor or supplier of the Contractor and shall be submitted according to the project specifications. 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Their purpose is to demonstrate the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. Review by the Architect/Engineer is subject to the limitations of Page 8 of 37 DocuSign Envelope ID: OA98C087-855E-4FCD-87DF-F4FO6BE3595E Section 4.2.7. Informational submittals upon which the Architect/Engineer is not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the ArchitecUEngineer without action. 3.12.5 If required in the Project Work Request the Contractor shall review for compliance with the Contract Documents, approve and submit to the Architect/Engineer Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents in accordance with the submittal schedule approved by the Architect/Engineer or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to the Owner and Architect/Engineer that the Contractor has (1) reviewed and approved them, (2) determined and verified materials, field measurements and field construction criteria related thereto, and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Architect/Engineer. 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the ArchitecttEngineer's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the ArchitecUEngineer in writing of such deviation at the time of submittal and (1) the ArchitecUEngineer has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Architect/Engineer's approval thereof. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect/Engineer on previous submittals. In the absence of such written notice, the Architect/Engineer's approval of a resubmission shall not apply to such revisions. 3.13 USE OF SITE The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. The Contractor acknowledges the ongoing operations of the Owner and agrees to coordinate the Work with the Owner and conduct the Work in a manner which minimizes or eliminates any adverse impact on the Owner. 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting, fitting and patching shall be restored to the condition existing prior to the cutting, fitting and patching, unless otherwise required by the Contract Documents. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. Page 9 of 37 DocuSign Envelope ID: OA98C087-855E4FCD-87DF-F4FO6BE3595E 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials from and about the Project. 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and Owner shall be entitled to reimbursement from the Contractor. 3.16 ACCESS TO WORK The Contractor shall provide the Owner and Architect/Engineer access to the Work in preparation and progress wherever located. 3.18 INDEMNIFICATION 3.18.1 In accordance with Section 725.06(2), Florida Statutes, the Contractor agrees to indemnify, hold harmless, and defend the School Board of Brevard County, its officers and employees, from liabilities, damages, losses and costs, including but not limited to, reasonable attorney's fees to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized by the Contractor in the performance of this Agreement. ARTICLE 4 ARCHITECT/ENGINEER 4.1 GENERAL 4.1.1 The Owner shall retain an ArchitecUEngineer lawfully licensed to practice architecture/engineering or an entity lawfully practicing architecture/engineering in the State of Florida. That person or entity is identified as the ArchitecUEngineer in the Agreement and is referred to throughout the Contract Documents as if singular in number. 4.1.2 Duties, responsibilities and limitations of authority of the Architect/Engineer as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect/Engineer. Consent shall not be unreasonably withheld. 4.2 ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect/Engineer will provide administration of the Contract as described in the Contract Documents and will be an Owner's representative during construction until the date the ArchitecUEngineer issues the final Certificate For Payment. The Architect/Engineer will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. 4.2.2 The Architect/Engineer will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general if the Work observed is being performed in a manner indicating that the Work is in accordance with the Contract Documents. However, the Architect/Engineer will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. The Architect/Engineer will not have control over, charge of, or responsibility for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. 4.2.3 On the basis of the site visits, the ArchitecUEngineer will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. The ArchitecUEngineer will not be responsible for Page 10 of 37 DocuSign Envelope ID: OA98C087-855E-4FCD-87DF-F4FO6BE3595E the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The ArchitecUEngineer will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. 4.2.4 COMMUNICATIONS FACILITATING CONTRACT ADMINISTRATION Except as otherwise provided in the Contract Documents, or when direct communications have been specifically authorized, the Owner and Contractor shall endeavor to communicate through the Architect/Engineer about matters arising out of or relating to the Contract. Communications by and with the Architect/Engineer's consultants shall be through the ArchitecUEngineer. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. 4.2.5 Based on the ArchitectlEngineer's evaluations of the Contractor's Applications for Payment, the Architect/Engineer will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Architect/Engineer jointly with the Owner has authority to reject Work that does not conform to the Contract Documents. Whenever the Architect/Engineer considers it necessary or advisable, the Architect/Engineer jointly with the Owner will have authority to require inspection or testing of the Work in accordance with Sections 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the ArchitecUEngineer nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect/Engineer to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. 4.2.7 The ArchitecUEngineer will review and approve, or take other appropriate action upon, the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect/Engineer's action will be taken in accordance with the submittal schedule approved by the Architect/Engineer or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the ArchitecUEngineer's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The ArchitecttEngineer's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5 and 3.12. The Architect/Engineer's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect/Engineer, of any construction means, methods, techniques, sequences or procedures. The Architect/Engineer's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.8 The ArchitecUEngineer will prepare Change Orders and Construction Change Directives, and may jointly with the Owner authorize minor changes in the Work as provided in Section 7.4. The Architect/Engineer will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. 4.2.9 The Architect/Engineer jointly with the Owner will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section 9.10. 4.2.10 The Architect/Engineer will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Page 11 of 37 DocuSign Envelope ID: OA98C087-855E4FCD-87DF-F4FO6BE3595E Architect/Engineer's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. 4.2.11 Interpretations and decisions of the Architect/Engineer will be consistent with the intent of, and reasonably inferable from, the Contract Documents and will be in writing or in the form of drawings. 4.2.14 The ArchitectEngineer will review and respond to requests for information about the Contract Documents. The Architect/Engineer's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Architect/Engineer will prepare and issue supplemental Drawings and Specifications in response to the requests for information. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub -subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub -subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub -subcontractor or an authorized representative of the Sub -subcontractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 The Contractor, with the Project Work Request response shall furnish in writing to the Owner the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Architect/Engineer and Owner may jointly reply within 14 days to the Contractor in writing stating (1) whether the Owner or the Architect/Engineer has reasonable objection to any such proposed person or entity or (2) that the Architect/Engineer requires additional time for review. Failure of the Owner or Architect/Engineer to reply within the 14 day period shall constitute notice of no reasonable objection. 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or ArchitecUEngineer has made reasonable objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 If the Owner or Architect/Engineer has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect/Engineer has no reasonable objection. 5.2.4 The Contractor shall not substitute a Subcontractor, person or entity previously selected if the Owner or ArchitecUEngineer makes reasonable objection to such substitution. 5.3 SUBCONTRACTUAL RELATIONS By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work, which the Contractor, by these Documents, assumes toward the Owner and ArchitecUEngineer. Each subcontract agreement shall preserve and protect the rights of the Owner and ArchitecUEngineer under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has Page 12 of 37 DocuSign Envelope ID: OA98CO87-855E-4FCD-87DF-F4FO6BE3595E against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub -subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors shall be similarly required to make copies of applicable portions of such documents available to their respective proposed Sub -subcontractors. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that 5.4.1.1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor in writing; and 5.4.1.2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor's rights and obligations under the subcontract. 5.4.2 Upon such assignment, if the Work has been suspended for more than thirty (30) days, the Subcontractors compensation shall be equitably adjusted for increases in direct costs resulting from the suspension and that are not due to any breach of contract or negligence of the Subcontractor or its employees. 5.4.3 Upon such assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a successor contractor or other entity. 5.4.4 Any assignment made under this section shall not relieve the Contractor of its duties and responsibilities under this Contract nor shall any assignment be deemed a waiver by the Owner of any action or claims which it could assert against the Contractor. 5.5 OWNER PAYMENTS TO SUBCONTRACTORS 5.5.1 In case of any default hereunder by the Contractor, that is not the fault of a Subcontractor, the Owner may make direct payment to the Subcontractor, less appropriate retainage. In that event, the amount so paid the Subcontractor shall be deducted from the payments to the Contractor. 5.5.2 Nothing contained herein shall create any obligation by the Owner to make any payments to any Subcontractor and no payment by the Owner to any Subcontractor shall create any obligation to make any further payments to any Subcontractor. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Article 15. Page 13 of 37 DocuSign Envelope ID: OA98CO87-855E-0FCD-87DF-F4FO6BE3595E 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner -Contractor Agreement. 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules and performance requirements. The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights that apply to the Contractor under the Conditions of the Contract. "IPA iT,11407_1111111 7*90011FI1.114Y11011 6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect/Engineer apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a separate contractor because of the Contractor's delays, improperly timed activities or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a separate contractor's delays, improperly timed activities, damage to the Work or defective construction. 6.2.4 The Contractor shall promptly remedy damage the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or separate contractors as provided in Section 10.2.5. 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and will allocate the cost among those responsible. ra1AIMRAWly:L1210*IIM9.IAI 'B][i. 7.1 GENERAL 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. Page 14 of 37 DocuSign Envelope ID: OA98CO87-855E-4FCD-87DF-F4FO6BE3595E 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect/Engineer; a Construction Change Directive requires agreement by the Owner and Architect/Engineer and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be jointly issued by the Architect/Engineer and Owner. 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 For changes in the Work which include work by the Contractor and Subcontractors, the labor rates and the fixed markup percentages which were established as part of the response to this RFP shall be utilized. 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared jointly by the Architect/Engineer and Owner and signed by the Contractor, Owner and Architect/Engineer stating their agreement upon all of the following: 7.2.1.1 The change in the Work; 7.2.1.2 The amount of the adjustment, if any, in the Contract Sum; and 7.2.1.3 The extent of the adjustment, if any, in the Contract Time. 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order prepared jointly by the Architect/Engineer and Owner and signed by the Owner and Architect/Engineer, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: 7.3.3.1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation. The lump sum proposal shall be itemized for the various components of the Work, segregated by labor, materials, equipment, in a detailed format identifying unit quantities and unit prices, satisfactory to Owner. The Contractor will provide its itemized lump sum proposal and similar proposals for any Subcontractors and Sub - subcontractors; 7.3.3.2 Unit prices stated in the Contract Documents or subsequently agreed upon; 7.3.3.3 Cost to be determined in a manner agreed upon by the parties and a percentage fee established in the Agreement for the Contractor, or 7.3.3.4 As provided in Section 7.3.7. 7.3.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 7.3.5 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect/Engineer, in writing, of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. Page 15 of 37 DocuSign Envelope ID: OA98CO87-855E-4FCD-87DF-F4FO6BE3595E 7.3.6 A Construction Change Directive signed by the Contractor indicates the Contractor's agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 7.3.7 If the Contractor does not respond within fourteen (14) days, or disagrees with the adjustment in the Contract Sum, the Owner shall determine the method and the adjustment on the basis the net increase or decrease in the cost of the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Architect/Engineer and the Owner may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.7 shall be limited to the following: 7.3.7.1 Costs of labor, as defined in the Agreement; 7.3.7.2 Costs of materials, supplies and equipment, as defined in the Agreement; 7.3.7.3 Rental costs of machinery and equipment, as defined in the Agreement. 7.3.7.4 Costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the ArchitecUEngineer. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase or decrease, if any, with respect to that change. 7.3.9 When the Owner and Contractor agree with a determination made by the ArchitecUEngineer concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Architect/Engineer will prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive. 7.4 MINOR CHANGES IN THE WORK The Architect/Engineer and Owner have joint authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes will be effected by written order signed by the ArchitecUengineer and Owner and shall be binding on the Contractor. r_1A1fd1111 =[.]iIL',I= 8.1 DEFINITIONS 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents and identified on the Project Work Request for Substantial Completion of the Work. 8.1.2 The date of commencement of the Work is the date established in the Notice to Proceed 8.1.3 The date of Substantial Completion is the date jointly certified by the Architect/Engineer and Owner in accordance with Section 9.8. 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. 8.2 PROGRESS AND COMPLETION 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By submitting a response to the Project Work Request the Contractor confirms that the Contract Time is a reasonable period for performing the Work. Page 16 of 37 DocuSign Envelope ID: OA98CO87-855E4FCD-87DF-F4FO6BE3595E 8.2.2 The Contractor shall not, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 If the Contractor is materially delayed at any time in the commencement or progress of the Work by a wrongful act or neglect of the Owner or Architect/Engineer, or of an employee of either, or of a separate contractor employed by the Owner; or by changes ordered in the Work; or by labor disputes not caused by wrongful or unlawful acts of Contractor, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control; or by other causes that the Owner determines may justify delay, then the Contract Time may be extended by Change Order for such reasonable time as the Owner may determine. 8.3.2 Except as provided in Sections 3.7.4 and 10.3.3. an extension of time as defined above, shall be the Contractor's exclusive remedy in the event of such a delay, no matter how or by whom caused. Contractor further specifically acknowledges that it shall have no claim for increase in the Contract Sum or damages of any kind because of any delays whatsoever to all or any part of the Work whether foreseen or unforeseen, and whether caused by any person's hindrance or active interference. 8.3.3 Claims relating to time shall be made in accordance with applicable provisions of Article 15. 8.3.4 The Owner will schedule furniture and equipment deliveries based on the construction schedule. The Contractor shall be responsible for all costs to the Owner for storage, double handling, re -shipping, and extended general conditions costs of delayed furniture and equipment installations due to the Contractors not meeting schedule completion dates. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM The Contract Sum established through the contractor's response to the Project Work Authorization, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 9.1.1 CATEGORY ONE PROJECTS Projects estimated by the Owner at less than or equal to $3,000.00 (or the dollar amount as modified by School Board policy). The Owner's Representative may choose any one of the awarded Contractors to perform the Work. The Contractor shall provide an estimate response to the Owner outlining in detail the costs to perform the Work described in the Construction Documents and related Project Work Request. The estimate shall match all awarded hourly rates and mark-up percentages included as Exhibit A to this agreement. In addition, the Contractor's Overhead and Profit are limited to a total of fifteen (15) percent. The Contractor shall provide bid tab sheets for each major trade illustrating bid coverage acceptable to the Owner and a Schedule of Values for the estimate. The Purchase Order will be issued as a "Guaranteed Maximum Price' purchase. 9.1.2 CATEGORY TWO PROJECTS Projects estimated by the Owner at more than $3,000 (or the dollar amount as modified by School Board policy) and less than or equal to $300,000.00. The Owner's Representative will distribute the Project Work Request form to all of the Contractors selected under RFP #. The Contractors shall provide a written lump sum quote with a Schedule of Values to the Owner based on the schedule identified in the Project Work Page 17 of 37 DocuSign Envelope ID: OA98CO87-855E4FCD-87DF-F4FO6BE3595E Request. The Owner will award the Project to the Contractor with the lowest responsive, responsible quote and the Purchase Order will be issued as a "Lump Sum " purchase. 9.2 SCHEDULE OF VALUES Where the Contract is based on a Guaranteed Maximum Price (Category One Project) or Lump Sum (Category Two Project), the Contractor shall submit to the Architect/Engineer, as part of the pricing submittal, a Schedule of Values allocating the entire Contract Sum to the various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as the Architect/Engineer and Owner may require. This schedule, unless objected to by the Architect/Engineer or Owner, shall be used as a basis for reviewing the Contractor's Applications for Payment. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 The Contractor shall submit to the Architect/Engineer an itemized Application for Payment prepared in accordance with the most recently approved Schedule of Values for completed portions of the Work. Such application shall be notarized and supported by such data substantiating the Contractor's right to payment as the Owner or Architect/Engineer may require, such as copies of requisitions from Subcontractors and material suppliers, and shall reflect retainage per Section 9.4.3. 9.3.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or material supplier, unless such Work has been performed by others whom the Contractor intends to pay. 9.3.3 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. Payment for materials and equipment stored on the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest. 9.3.4 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect/Engineer will, within seven (7) days after receipt of the Contractors Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the ArchitecUEngineer determines is properly due, or notify the Contractor and Owner in writing of the Architect/Engineer's reasons for withholding certification in whole or in part as provided in Section 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect/Engineer to the Owner, based on the Architect/Engineer's evaluation of the Work and the data comprising the Application for Payment, that, to the best of the Architect/Engineer's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect/Engineer. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Architect/Engineer has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) made examination to Page 18 of 37 DocuSign Envelope ID: OA98CO87A55E-4FCD-87DF-F4FO6BE3595E ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 9.4.3 RETAINAGE ON PROGRESS PAYMENTS 9.4.3.1 Owner shall withhold from each progress payment made to the Contractor ten (10) percent of the payment as retainage until fifty (50) percent completion of services. After fifty (50) percent completion the Owner may reduce to five (5) percent the amount of retainage withheld from each subsequent progress payment made to the Contractor. Fifty (50) percent completion shall be determined as the point at which the Owner has expended fifty (50) percent of the total cost of the construction services purchased as identified in the contract together with all costs associated with existing change orders and other additions or modifications for the construction services provided for in the contract. Retainage shall not be held on Owner Direct Purchases. 9.4.3.2 After fifty (50) percent completion of the construction services the Contractor may present to the Owner a payment request for up to one-half of the retainage held by the Owner. If jointly approved by the ArchitecUEngineer and Owner, the Owner shall make prompt payment to the Contractor. If the Owner's retainage payment under this subsection is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. 9.4.3.3 The Owner may release at any point all, or any portion of any retainage withheld which is attributable to the labor, services, or materials supplied by the Contractor or by one or more subcontractors or suppliers. If the Owner's retainage payment under this subsection is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. 9.4.3.4 Upon Substantial Completion of the entire Work or, if applicable, any portion of the Work, Owner shall release to Contractor all retained amounts relating, as applicable, to the entire Work or completed portion of the Work, less an amount equal to the reasonable value of all remaining or incomplete items of Work as noted in the Certificate of Substantial Completion and all Liquidated Damages and other damages for which Owner determines Contractor is liable. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect/Engineer will withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect/Engineer's opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the Architect/Engineer is unable to certify payment in the amount of the Application, the ArchitecUEngineer will notify the Contractor and Owner as provided in Section 9.4.1. If the Contractor and Architect/Engineer cannot agree on a revised amount, the Architect/Engineer will promptly issue a Certificate for Payment for the amount for which the Architect/Engineer is able to make such representations to the Owner. The Architect/Engineer may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect/Engineer's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of 9.5.1.1 defective Work not remedied; 9.5.1.2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; 9.5.1.3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; 9.5.1.4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; 9.5.1.5 damage to the Owner or a separate contractor; Page 19 of 37 DocuSign Envelope ID: OA98CO87-855E-4FCD-87DF-F4FO6BE3595E 9.5.1.6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or 9.5.1.7 repeated failure to carry out the Work in accordance with the Contract Documents. 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 9.5.3 If any claim is made or filed with or against the Owner, the Project, or the Premises by any person claiming that the Contractor or Subcontractor or other person under it has failed to make payment for any labor, services, materials, equipment, taxes, or other items or obligations furnished or incurred for or concerning the Work, or if at any time there shall be evidence of such nonpayment or of any claim or lien for which, if established, the Owner might become liable and which is chargeable to the Contractor, or if the Contractor or any Subcontractor or other person under it causes damage to the Work or to any other work on the Project, if the Contractor fails to perform or is otherwise in default under any of the terms or provisions of the Contract Documents, the Architect/Engineer shall withhold certification, and the Owner shall have the right to retain from any payment then due or afterwards to become due an amount that the Owner shall deem sufficient to (1) satisfy, discharge, and/or defend against any such claim or lien or any action that may be brought or judgment that may be recovered thereon, (2) make good any such nonpayment, damage, failure, or default and (3) compensate the Owner for and indemnify it against all losses, liability, damages, costs, and expenses which may be sustained or incurred by the Owner in connection therewith. The Owner shall have the right to apply and charge against the Contractor so much of the amount retained as may be required for the foregoing purposes. If such amount is insufficient therefore, the Contractor shall be liable for the difference and pay the same to the Owner. F*M;J:Z0Zc3:1**1J_ 171I=1:Y 9.6.1 After the Architect/Engineer has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents. 9.6.2 The Contractor shall pay each Subcontractor no later than seven (7) days after receipt of payment from the Owner the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub -subcontractors in a similar manner. 9.6.3 The Architect/Engineer will, on request, furnish to a Subcontractor, if practicable, Information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the ArchitecUEngineer and Owner on account of portions of the Work done by such Subcontractor. 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven (7) days, the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Architect/Engineer shall have an obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by law. 9.6.5 Contractor payments to material and equipment suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.7 NOT USED Page 20 of 37 DocuSign Envelope ID: OA98C087-855E4FCD-87DF-F4FO6BE3595E 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when all required occupancy permits have been issued and the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect/Engineer a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. 9.8.3 Upon receipt of the Contractor's list, the Architect/Engineer and Owner jointly will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the inspection discloses any item, whether or not included on the Contractor's list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect/Engineer. In such case, the Contractor shall then submit a request for another inspection by the ArchitecUEngineer to determine Substantial Completion. 9.8.4 When the Work or designated portion thereof is substantially complete, the ArchitecUEngineer will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed portion of the Work at any stage when such partial occupancy is designated in the Contract Documents. Such partial occupancy or use may only commence when the portion is substantially complete and provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, security, maintenance, heat, utilities, damage to the Work and Insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the ArchitecUEngineer as provided under Section 9.8.2. 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect/Engineer shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Upon receipt of the Contractor's written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the ArchitecUEngineer jointly with the Owner will promptly make such inspection and, when the Architect/Engineer and Owner finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect/Engineer will Page 21 of 37 DocuSign Envelope ID: OA98CO87-855E-4FCD-87DF-F4FO6BE3595E promptly issue a final Certificate for Payment stating that to the best of the Architect/Engineer's knowledge, information and belief, and on the basis of the ArchitecUEngineer's on -site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect/Engineer's final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the ArchitecUEngineer (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least thirty (30) days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. 9.10.3 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from 9.10.1.1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; 9.10.1.2 failure of the Work to comply with the requirements of the Contract Documents; or 9.10.1.3 terms of special warranties required by the Contract Documents. 9.10.1.4 latent defects appearing during or beyond the warranty period. 9.10.4 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. 9.10.5 The Contractor shall submit to the Architect/Engineer and the Owner final affidavits and unconditional waivers of liens, in form and substance satisfactory to the Owner from the Contractor, Subcontractor, and Sub -subcontractor and material suppliers. On request of the Owner, the Contractor shall provide any additional information or documentation necessary under the then existing mechanic's lien laws. 9.10.6 Unless otherwise agreed to by the Owner, Final Completion of the Project shall be achieved no later than thirty (30) days following the date of Substantial Completion. 9.11 LIQUIDATED DAMAGES If the Contractor neglects, fails, or refuses to complete the Work within the time specified in a Project Work Request or an Estimate or as properly extended by the Owner, then the Contractor does hereby agree, as part considerations for awarding of this Contract, to pay the Owner a minimum sum of two -hundred (200) dollars for each and every calendar day that the Contractor shall delay after the time stipulated in the Purchase Order/Notice to Proceed as the required date of Substantial Completion or Final Completion, not as a penalty but as liquidated damages for breach of the contract as set forth herein. The liquidated damages amount will be identified on a project by project basis. Page 22 of 37 DocuSign Envelope ID: OA98C087.855E-4FCD-87DF-F4FO6BE3595E ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Agreement. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to 10.2.1.1 employees on the Work and other persons who may be affected thereby; 10.2.1.2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub -subcontractors; and 10.2.1.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Agreement, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub -subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect/Engineer or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 3.18. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect/Engineer. 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. 10.2.8 INJURY OR DAMAGE TO PERSON OR PROPERTY If either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding twenty-one (21) days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. Page 23 of 37 DocuSign Envelope ID: OA98CO87-855E-0FCD-87DF-F4FO6BE3595E I UIVII1 .7-V r-10 a1 011111-1,TIT-1 W 414 Tom- W. 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect/Engineer in writing. 10.3.2 Upon receipt of the Contractor's written notice, the Owner shall obtain the services of a environmental consulting firm to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be remediated as required by applicable law. Unless otherwise required by the Contract Documents, and if requested in writing by the Contractor, the Owner shall furnish in writing to the Contractor and Architect/Engineer the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. When the material or substance has been remediated as required by applicable law, or appropriate governmental approvals have been obtained, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately. 10.3.3 The Owner shall not be responsible under this Section 10.3 for materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible for materials or substances required by the Contract Documents, except to the extent of the Contractor's fault or negligence in the use and handling of such materials or substances. 10.3.4 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs (1) for remediation of a material or substance the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 10.3.1. 10.3.5 The Contractor agrees that: (1) no hazardous substances, wastes or materials (collectively "hazardous materials") will be brought onto the Site by the Contractor, any Subcontractor, Sub - subcontractor or any person or entity for whom any of them is responsible, except as required by the Contract Documents or otherwise required for the Work and in full compliance with applicable laws, (2) no asbestos containing material, lead -based paint or other hazardous materials will be incorporated into the Work, and (3) without the Owners prior written consent, no underground or above ground storage tanks will be placed on the Site. In the event any suspected hazardous materials are encountered at the Site during the conduct of the Work, the Contractor shall (a) stop the Work in the area where suspected hazardous materials are encountered until receipt of notification from the Owner the Work shall proceed, (b) promptly notify the Owner of such encounter and consult with the Owner, and (c) take all reasonable precautions in accordance with applicable law to prevent or contain the movement, spread or disturbance of such hazardous materials and to protect all persons and property. To the fullest extent allowed by law, the Contractor shall indemnify and hold harmless the Owner for any liability, damages and expenses including attorney's fees, resulting from a breach of this paragraph 10.3.5. 10.4 EMERGENCIES In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7, ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE Page 24 of 37 DocuSign Envelope ID: OA98C087-855EAFCD-87DF-F4FO6BE3595E 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the State of Florida such insurance as will protect the Contractor and the Owner from claims set forth below which may arise out of or result from the Contractor's operations and completed operations under the Agreement and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: 11.1.1.1 Claims under workers' compensation, disability benefit and other similar employee benefit acts that are applicable to the Work to be performed; 11.1.1.2 Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; 11.1.1.3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's employees; 11.1.1.4 Claims for damages insured by usual personal injury liability coverage; 11.1.1.5 Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; 11.1.1.6 Claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; 11.1.1.7 Claims for bodily injury or property damage arising out of completed operations; and 11.1.1.8 Claims involving contractual liability insurance applicable to the Contractor's obligations under Section 3.18. 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption from the date of commencement of the Work until the date of final payment and termination of any coverage required to be maintained after final payment, and, with respect to the Contractor's completed operations coverage, until the expiration of the period for correction of Work or for such other period for maintenance of completed operations coverage as specified in the Contract Documents. 11.1.2.1 The Contractor will provide before commencement of work, and attach to this agreement, a certificate(s) evidencing such insurance coverage to the extent listed in .1 to .4 below. The Owner reserves the right to be named as an additional insured or to reject such coverage and terminate this agreement if coverage is determined to be inadequate or insufficient. The Contractor will carry and maintain as a minimum the following coverage from insurance carriers that maintain a rating of "A" or better and a financial size category of "VII" or higher according to the A. M. Best Company. Such certificates must contain a provision for notification to the Board thirty (30) days in advance of any material change in coverage or cancellation. This is applicable for the procurement and delivery of products, goods, or services furnished to or for the Owner and any of its ancillary schools, departments, or organizations. 11.1.2.1.1 Commercial General Liability Insurance: Negligence including Bodily Injury & Property per Occurrence $1,000,000 General Aggregate $2,000,000 11.1.2.1.2 Automobile Liability: Negligence Including Bodily Injury & Property Damage per Occurrence $ 500,000 Combined Single Limit per Occurrence $1,000,000 11.1.2.1.3 Workers' Compensation/Employer's Liability: W.C. Limit Required Statutory Limits E.L. Each Accident $1,000,000 E.L. Disease — Each Employee $1,000,000 E.L. Disease — Policy Limit $1,000,000 Page 25 of 37 DocuSign Envelope ID: OA98CO87-855E4FCD-87DF-F4FO6BE3595E 11.1.2.1.4 Professional Liability Insurance/Environmental Liability/Cyber Liability (as applicable) (Errors &Omissions): For services, goods or projects that will not exceed $1,000,000 in value over a year. Each Claim $ 250,000 Annual Aggregate $ 500,000 For services, goods or projects that will exceed $1,000,000 in value over a year: Each Claim $1,000,000 Annual Aggregate $2,000,000 11.1.2.1.5 Product Liability and/or Completed Operations Insurance: Negligence Including Bodily Injury & Property Damage $1,000,000 Products — Completed Operations Aggregate $2,000,000 Workers' Compensation Exemption forms will not be accepted. All entities or individuals are required to purchase a Workers' Compensation insurance policy. The Contractor shall either cover any Subcontractors on its policy or require the Subcontractors to obtain coverage to meet these requirements and file appropriate forms with the Owner. 11.2 PERFORMANCE BOND AND PAYMENT BOND 11.2.1 The Owner shall have the right to require the Contractor to furnish bonds in form and substance satisfactory to the Owner, covering faithful performance of the Agreement and payment of obligations arising thereunder as stipulated in the Project Work Request. 11.2.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Agreement, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. 11.2.3 Subcontractors and Sub -subcontractors at the discretion of the Owner may be required to obtain and provide performance and labor and material payment bonds, issued in an amount and form and by sureties reasonably acceptable to the Owner and naming the Contractor as obligee and Owner as assignee. The Owner shall from time to time and at any time have the right to increase or decrease the value of subcontracts requiring such bonds. 11.2.3.1 Subcontractors and Sub -subcontractors shall furnish bonds covering faithful performance of Subcontractors and payment of obligations arising by them which shall be in the form and substance satisfactory to the Owner. Bonds may be obtained through the Subcontractors' and Sub -subcontractors' usual sources and the cost of them shall be included in the Subcontractors and Sub -subcontractors Sum. Each bond's amount shall be equal to 100 percent of the Subcontractors and Sub -subcontractors Sum. 11.2.3.2 Subcontractors and Sub -subcontractors shall deliver the required bonds to the Contractor prior to the commencement of the Work. 11.2.3.3 The Subcontractors and Sub -subcontractors shall require the attorneys -in -fact who execute the required bonds for the sureties to affix thereto certified and current copies of the power of attorney. 11.2.3.4 Contractor will submit copies of all Subcontractor and sub -subcontractor bonds to the Owner. Page 26 of 37 DocuSign Envelope ID: OA98CO87-855E4FCD-87DF-F4FO6BE3595E 11.2.4 With the consent of the Owner, the Contractor may provide a Sub -guard bond protection program for Subcontractors in lieu of requiring Subcontractors and Sub -Subcontractors to provide payment and performance bonds ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to the Architect/Engineer's request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Architect/Engineer, be uncovered for the Architect/Engineer's examination and be replaced at the Contractor's expense without change in the Contract Time or the Contract Sum. 12.1.2 If a portion of the Work has been covered that the Architect/Engineer has not specifically requested to examine prior to its being covered, the ArchitecttEngineer and the Owner may jointly request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner's expense. If such Work is not in accordance with the Contract Documents, such costs and the cost of correction shall be at the Contractor's expense. 12.2 CORRECTION OF WORK 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION The Contractor shall promptly correct Work rejected by the Architect/Engineer or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Architect/Engineer's services and expenses made necessary thereby, shall be at the Contractor's expense. 12.2.2 AFTER SUBSTANTIAL COMPLETION 12.2.2.1 In addition to the Contractor's obligations under Section 3.5, if, within one (1) year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor, at the Contractor's expense, shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one (1) year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor but not any other remedy available to the Owner. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect/Engineer, the Owner may correct it in accordance with Section 2.4. 12.2.2.2 The one (1) year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by one (1) additional year. 12.2.2.3 Defective work corrected by the Contractor shall be warranted for an additional period of one (1) year. 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. Page 27 of 37 DocuSign Envelope ID: OA98CO87-855E4FCD-87DF-F4FO6BE3595E 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work that is not in accordance with the requirements of the Contract Documents. 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one- year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 SCHOOL SECURITY Contractor acknowledges and understands that the goods and services contemplated by this Agreement that are delivered to or performed on school grounds, which may at various times be occupied by students, teachers, parents and school administrators. Accordingly, in order to secure the schools; protect students and staff, and otherwise comply with applicable law, the Contractor agrees to the following provisions and agrees that the failure of the respondent to comply with any of these provisions may result in the termination of this contract by the Owner: 13.1.1 UNAUTHORIZED ALIENS The Owner considers the employment of unauthorized aliens by the Contractor, or any of awarded firm's sub -contracted Firms, a violation of the Immigration and Naturalization Act. The Contractor shall certify that no unauthorized aliens are working on the project site at any time. If it is determined that an unauthorized alien is working on the Project, the Contractor shall immediately take all steps necessary to remove such unauthorized alien from the property and the project. 13.1.2 POSSESSION OF FIREARMS In accordance with Section 790.115, Florida Statutes, the possession of firearms will not be tolerated on School District property. No person, who has a firearm in their vehicle, may park their vehicle on the Owner's property. Furthermore, no person may possess or bring a firearm on the Owner's property. If any employee/independent contractor of the Contractor, or any of its sub -contractors, is found to have brought a firearm(s) on to the Owner's property, said employee/ independent contractor of the Contractor shall be immediately removed and terminated from the project by the Contractor. If sub -contractor fails to terminate said employee/ independent contractor of the Contractor, the Contractor shall terminate its agreement with the sub -contractor. If the awarded Contractor fails to terminate said employee/ independent contractor of the Contractor or fails to terminate the agreement with sub -contractor who fails to terminate said employee/ independent contractor of the Contractor, the Owner may terminate this Agreement. "Firearm" means any weapon (including a starter gun or antique firearm) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any destructive devise, or any machine gun. Powder actuated construction nailers and fasteners are excluded from this definition. Page 28 of 37 DocuSign Envelope ID: OA98CO87-855E-4FCD-87DF-F4FO6BE3595E 13.1.3 CRIMINAL ACTS Employment on the project by the Contractor, or any of its sub -contractors, of any employee, or independent contractor of the Contractor, with any prior convictions of any crimes against children, crimes of violence or crimes of moral turpitude will not be tolerated. If it is determined that any person with such criminal history is on the project site, the Contractor agrees to take all steps necessary to remove such person from the project. The Owner shall have the right to terminate this Agreement if the Contractor does not comply with this provision. 13.1.4 POSSESSION/USE/UNDER THE INFLUENCE OF MIND ALTERING SUBSTANCES Possession/use and/or being under the influence of any illegal mind altering substances, such as, but not limited to alcohol and/or substances delineated in Chapter 893, Florida Statutes, by the Contractor's employee/ independent contractor of the Contractor or its sub -contractor's employees/ independent contractor of the sub -contractor, will not be tolerated on the Owner's property. If any employee/ independent contractor of the Contractor is found to have brought and/or used or is under the influence of any illegal mind altering substances as described above on the Owner's property, said employee/ independent contractor of the Contractor shall be removed and terminated from the project by the Contractor. If a sub -contractor fails to terminate said employee/ independent contractor of the sub -contractor, the agreement with the sub -contractor for the project shall be terminated by the Contractor. If the Contractor fails to terminate said employee/independent contractor of the Contractor or fails to terminate the agreement with the sub -contractor who fails to terminate said employee/ independent contractor of the sub -contractor, the Owner may terminate this Agreement. 13.1.5 COMPLIANCE WITH THE JESSICA LUNSFORD ACT Florida Statutes require that all persons or entities entering into contracts with the School Boards/School Districts/Charter Schools who may have personnel who will be on school grounds when students may be present, or who will have contact with students shall comply with the level 2 screening requirements of the Statute and School District Standards. The required level 2 screening includes fingerprinting that must be conducted by the Owner. Any individual who fails to meet the screening requirements shall not be allowed on school grounds. Failure to comply with the screening requirements will be considered a material default of this Agreement. 13.1.6 E-VERIFY. Under Executive Order 11-116, and Section 448.095, Fla. Stat., effective July 1, 2020, Contractor shall use the U.S. Agency of Homeland Security's E-Verify system, https://e- verify.uscis.gov/emp, to verify the employment eligibility of all employees hired during the term of this Agreement. Contractor shall also require all subcontractors performing work under this Agreement to use the E-Verify system for any employees they may hire during the term of this Agreement. Contractor must provide evidence of compliance with 448.095, Fla. Stat by January 1, 2021. Evidence may consist of, but is not limited to, providing notice of Contractor's E-Verify number. Failure to comply with this provision is a material breach of the Agreement, and BPS may choose to terminate the Agreement at its sole discretion. Contractor may be liable for all costs associated with BPS securing the same services, inclusive, but not limited to, higher costs for the same services and rebidding costs (if necessary). 13.2 SUCCESSORS AND ASSIGNS The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to covenants, agreements and obligations contained in the Contract Documents. Neither party to the Agreement shall assign the Agreement as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Agreement. 13.3 WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual, to a member of the firm or entity, or to an officer of the corporation for which it was intended; or if delivered at, or sent by Page 29 of 37 DocuSign Envelope ID: OA98C087-855E-4FCD-87DF-F4FO6BE3595E registered or certified mail or by courier service providing proof of delivery to, the last business address known to the party giving notice. 13.4 AS BUILT DOCUMENTS At the completion of each Project the Contractor shall promptly provide the Owner with "As Builts" per industry standards showing all aspects of the installation on Auto CAD in .DWG, .PDF, and .TIF formats. If the site already has CAD drawings available, the General Contractor shall update them as requested by the Owner. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect/Engineer timely notice of when and where tests and inspections are to be made so that the Architect/Engineer may be present for such procedures. 13.5.2 If the Architect/Engineer, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 13.5.1, the ArchitectEngineer will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect/Engineer of when and where tests and inspections are to be made so that the Architect/Engineer may be present for such procedures. Such costs, except as provided in Section 13.5.3, shall be at the Owner's expense. 13.5.3 If such procedures for testing, inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Architect/Engineer's services and expenses shall be at the Contractor's expense. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the ArchitecUEngineer. 13.5.5 If the Architect/Engineer is to observe tests, inspections or approvals required by the Contract Documents, the ArchitectEngineer will do so promptly and, where practicable, at the normal place of testing. 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 TOBACCO FREE The Owner (School Board) is a Tobacco free District. Tobacco and tobacco products are prohibited on any of the Owner's properties in accordance with Section 386.212, Florida Statutes. 13.7 RECORDS AND RIGHTS TO AUDIT The Contractor shall maintain such financial records and other records as may be prescribed by the Owner or by applicable federal and state laws, rules, and regulations. The Contractor shall retain these records for a period of five (5) years after final payment, or until they are audited by the Owner, whichever event occurs first. These records shall be made available during the term of the Agreement and the subsequent five (5) year period for examination, transcription, and audit by the Owner, its designees, or other entities authorized by law. 13.8 FORCE MAJEURE The Owner and the Contractor will exercise every reasonable effort to meet their respective obligations as Page 30 of 37 DocuSign Envelope ID: OA98CO87-855E-4FCD-87DF-F4FO6BE3595E outlined in this Agreement, but shall not be liable for delays resulting from force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any Government law or regulation, acts of God, acts or omissions of the other party, Government acts or omissions, fires, strikes, national disasters, wars, riots, transportation problems and/or any other cause whatsoever beyond the reasonable control of the parties. Any such cause will extend the performance of the delayed obligation to the extent of the delay so incurred. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of sixty (60) consecutive days through no act or fault of the Contractor or a Subcontractor, Sub -subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, for any of the following reasons: 14.1.1.1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; 14.1.1.2 An act of government, such as a declaration of national emergency that requires all Work to be stopped; or 14.1.1.3 Because the Architect/Engineer has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made a required payment on a Certificate for Payment within the time stated in the Contract Documents. 14.1.2 The Contractor may terminate the Agreement if, through no act or fault of the Contractor or a Subcontractor, Sub -subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work by the Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365-day period, whichever is less. 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven (7) days' written notice to the Owner and Architect/Engineer, terminate the Contract and recover from the Owner payment for Work properly executed, including reasonable overhead and profit, and costs incurred by reason of such termination. 14.1.4 If all of the Work is stopped for a period of sixty (60) consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has repeatedly failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven (7) additional days' written notice to the Owner and the Architect/Engineer, terminate the Agreement and recover from the Owner as provided in Section 14.1.3. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Agreement if the Contractor 14.2.1.1 refuses or fails to supply enough properly skilled workers or proper materials; 14.2.1.2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; 14.2.1.3 disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or 14.2.1.4 otherwise is guilty of material breach of a provision of the Contract Documents. 14.2.2 When any of the above reasons exist, the Owner may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven (7) days' written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: Page 31 of 37 DocuSign Envelope ID: OA98CO87-855E-0FCD-87DF-F4FO6BE3595E 14.2.2.1 Exclude the Contractor from the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; 14.2.2.2 Accept assignment of subcontracts pursuant to Section 5.4; and 14.2.2.3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect/Engineer's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Initial Decision Maker, upon application, and this obligation for payment shall survive termination of the Contract. The costs of finishing the Work include, without limitation, all reasonable attorney's fees, additional title costs, insurance, additional interest because of any delay in completing the Work, and all other direct and indirect costs, including, but not limited to, the loss of use of the Project incurred by the Owner because of the termination of the Contractor as stated herein. 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Section 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent 14.3.2.1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or 14.3.2.2 that an equitable adjustment is made or denied under another provision of the Agreement. 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE 14.4.1 The Owner may, at any time, terminate the Agreement for the Owner's convenience and without cause. 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the Contractor shall 14.4.2.1 cease operations as directed by the Owner in the notice; 14.4.2.2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and 14.4.2.3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. 14.4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment for Work executed, and costs actually and reasonably incurred by reason of such termination, but not for overhead or profit on the Work not performed. Page 32 of 37 DocuSign Envelope ID: OA98C087-855E-4FCD-87DF-F4FO6BE3595E ARTICLE 15 CLAIMS AND DISPUTES 15.1 CLAIMS 15.1.1 DEFINITION A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, or other relief with respect to the terms of the Agreement. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Agreement. The responsibility to substantiate Claims shall rest with the party making the Claim. 15.1.2 NOTICE OF CLAIMS Claims by either the Owner or Contractor must be initiated by written notice to the other party and to the Architect/Engineer, if the Architect/Engineer is not acting as the Initial Decision Maker. Claims by either party must be initiated within twenty-one (21) days after occurrence of the event giving rise to such Claim or within twenty-one (21) days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. The timely giving of written notice shall be a condition precedent to any entitlement to adjustment in the Contract Time or the Contract Sum. 15.1.3 CONTINUING CONTRACT PERFORMANCE Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Article 14, the Contractor shall proceed diligently with performance of the Agreement and the Owner shall continue to make payments in accordance with the Contract Documents. The Architect/Engineer will prepare Change Orders and issue Certificates for Payment in accordance with the decisions of the Initial Decision Maker. 15.1.4 CLAIMS FOR ADDITIONAL COST If the Contractor wishes to make a Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. iF1flhidi•_TLSb�� - _ � � YYL�]iIt1�1Li1 15.1.5.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary. 15.1.5.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions at the project site were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction. i��31`.lYllal_� ]_X�iE•9L�]i 15.2.1 Claims, excluding those arising under Sections 10.3 and 10.4 shall be referred to the Initial Decision Maker for initial decision. The Architect/Engineer will serve as the Initial Decision Maker, unless otherwise indicated in the Project Work Request. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be required as a condition precedent to mediation of any Claim arising prior to the date final payment is due, unless thirty (30) days have passed after the Claim has been referred to the Initial Decision Maker with no decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Page 33 of 37 DocuSign Envelope ID: OA98CO87-855E-4FCD-87DF-F4FO6BE3595E Initial Decision Maker concludes that, in the Initial Decision Maker's sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the Claim. 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner's expense. 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten days after receipt of such request, and shall either (1) provide a response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting data will be furnished or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in whole or in part. 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the parties and the ArchitectlEngineer, if the Architect/Engineer is not serving as the Initial Decision Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on the parties but subject to mediation. 15.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 15.2.6.1. 15.2.6.1 Either party may, within thirty (30) days from the date of an initial decision, demand in writing that the other party file for mediation within sixty (60) days of the initial decision. If such a demand is made and the party receiving the demand fails to file for mediation within the time required, then both parties waive their rights to mediate or court proceedings with respect to the initial decision. 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor's default, the Owner may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. 15.2.8 If a Claim relates to or is the subject of a mechanic's lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. 15.3 MEDIATION 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Agreement except those waived as provided for in Sections 9.10.4, 9.10.5, and 15.1.6 shall be subject to mediation as a condition precedent to court proceedings. 16.3.2 The parties shall endeavor to resolve their Claims by mediation. A request for mediation shall be made in writing, delivered to the other party to the Agreement, and filed with the person or entity administering the mediation. 15.3.3 The parties shall share the mediator's fee and any fling fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. ARTICLE 16 FINAL DISPUTE RESOLUTION In the event the Owner and Contractor fail to resolve a dispute through mediation as provided in Article 15, either party may file an action in the appropriate Court of the 181' Judicial Circuit In and For Brevard County, Florida, to enforce this Agreement. Page 34 of 37 DocuSign Envelope ID: OA98CO87-855E4FCD-87DF-F4FO6BE3595E ARTICLE 17 PUBLIC RECORDS 17.1 PUBLIC RECORDS — IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE OWNER'S CUSTODIAN OF PUBLIC RECORDS AT RECORDSREQUEST@BREVARDSCHOOLS.ORG, BREVARD COUNTY PUBLIC SCHOOLS, RECORDS MANAGEMENT, 2700 JUDGE FRAN JAMIESON WAY, VIERA, FLORIDA 32940, 321-633-1000 EXT 11453. 17.2 The Agreement is subject to and governed by the laws of the State of Florida, including without limitation Chapter 119, Florida Statutes, which generally makes public all records or other writings made by or received by the Parties. The Contractor acknowledges its legal obligation to comply with Section 119.0701, Florida Statutes. The Contractor shall keep and maintain public records, as that phrase is defined in the Florida Public Records Act, which would be required to be kept and maintained by the Owner in order to perform the scope of services. The Contractor shall comply with all requirements for retaining public records and shall transfer, at no cost to the Owner, all public records in the possession of the Contractor upon a request for such public records. See Section 119.0701(2)(b)4, Florida Statutes, for additional record keeping requirements. 17.3 A request to inspect or copy public records relating to the Owner's contract for services must be made directly to the Owner's Custodian of Public Records. If the Owner does not possess the requested records, the Owner's Custodian of Public Records shall immediately notify the Contractor of the request. The Contractor must provide a copy of the records to the Owner or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes. If the Contractor does not timely comply with the Owner's request for records, the Owner shall be able to sue for breach of contract and the prevailing party shall be entitled to attorney's fees. 17.4 Should the Contractor fail to provide the requested public records to the Owner within a reasonable time, the Contractor understands and acknowledges that it may be subject to penalties under Sections 119.0701(3)(c) and 119.10, Florida Statutes. 17.5 The Contractor shall not disclose public records that are exempt, or confidential and exempt, from public records disclosure unless specifically authorized by law for the duration of the agreement term and following the completion, expiration, or termination of same if the Contractor does not transfer the records to the Owner. Upon completion, expiration, or termination of the agreement, the Contractor shall transfer, at no cost to the Owner, all public records in its possession or keep and maintain public records required by the Owner to perform the services. If the Contractor transfers all public records to the Owner, the Contractor shall destroy any duplicate public records that are exempt, or confidential and exempt, from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion, expiration, or termination of the Agreement, the Contractor shall meet all applicable requirements for retaining public records and provide requested records to the Owner pursuant to the requirements of this section. All public records stored electronically must be provided to the Owner in a format that is compatible with the information technology systems of the Owner. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.1 Page 35 of 37 DocuSign Envelope ID: OA98C087-855E-4FCD-87DF-F4FO6BE3595E IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date set forth below. THE SCHOOL BOARD OF BREVARD COUNTY, FLORIDA By: Megan Wright, Board Chair Date Approved: 12/12/2023 ATTEST (WITNESS): By: Mark Randall, Ed.D., Superintendent Contractor Contact Name: Andy Day Email Address: aday@heardconstruction.com Phone Number: 321-877-4386 Page 36 of 37 HEARD C STRUCTION, INC. By: Print Name: A dy Day Title: President Date: 11 /6/203 ATTEST (WI j Bv: Print Name: Don Gorham Title: Pre -Construction Manager DocuSign Envelope ID: OA98CO87-855E-4FCD-87DF-F4FO6BE3595E Exhibit A- Cateoory One Hourly Rates and Mark-uo Percentages Heard Construction, Inc. Billable Hourly Rates: 1. Foreman: $52_00 2. Journeyman: $39_00 3. Helper: $32.50 4. Project Manager: $84_50 5. Estimator: $78.00 6. Equipment Operator $N/A Markups: 7. Material Markup: 8. Subcontractor Markup: 9. Equipment Rental Markup: 12_00% (maximum 15%) 12_00% (maximum 15%) 12_00% (maximum 15%) Page 37 of 37 SEBASTIAN ((NIOM_ A (0n111 H Wu•1011 CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: June 12, 2024 Agenda Item Title: City Council Approval of Resolution R-24-29 approving a piggyback agreement of the School Board of Brevard County, Florida's existing contract under #RFP 24-172-P-HD for general contractor services of minor projects under $300,000 with four of the awarded contractors, and further authorize issuance of a purchase order to Doug Wilson Enterprises, Inc. for the Community Development office remodel project. Recommendation: Staff Recommends approval of R-24-29 approving a piggyback of contract #RFP 24-172-P-HD by the School Board of Brevard County, Florida for general contractor services for minor projects under $300,000, with four of the awarded contractors, and approval to issue a purchase order to Doug Wilson Enterprises, Inc. for the Community Development office remodel project. Background: The Community Development Department budgeted $88,500 for an office remodel in this year's budget. The office remodel will create a safe space for staff to interact with the public, and create additional office spaces. With an initial project estimate of $120,000, procurement weighed the option of piggybacking off an existing agency's contract or issuing a solicitation for general contracting services. Due to feedback from several department heads regarding upcoming projects, procurement opted to use a piggyback to address immediate needs. The use of piggyback purchasing through existing State or other contracts guarantees that the pricing and contract terms remain the same while the contract is active; this includes any contract extensions or renewals. In accordance with the City's Ordinance Section 2-10(c)(2), the procurement procedures carried out by the awarding agency are equivalent to that of Sebastian's procurement process. The recommended vendor is the most advantageous to meet the needs of the City by avoiding delay in bidding, the costs of same and other staff time necessary. The School Board of Brevard County, FL entered into continuing services contracts with five firms (8-Koi, Inc., Doug Wilson Enterprises, Inc., Heard Construction, Inc., Ovation Construction Company, LLC, and Canaveral Construction Co., Inc.) to provide general contracting services after a competitive selection procurement process. City Staff contacted each firm and all but one - Canaveral Construction Co. Inc., agreed to allow the City to piggyback their contract. The remaining four firms were issued a request for quote (as required by the School Board contract to ensure competition), completed a site visit and provided quotes. Doug Wilson Enterprises, Inc. provided the lowest quote at $107,377. As the current cost estimate exceeds the budgeted amount, the Community Development Department will allocate an additional $18,877 from the Community Development Department's Operating Budget to fund the office remodel. Staff is seeking approval of execution for the piggyback continuing services agreements for general contractor services for minor projects under $300,000 and approval to issue a purchase order to Doug Wilson Enterprises, Inc. along with authorization for the City Manager or designee to execute all necessary documents or purchase orders. If Agenda Item Requires Exuenditure of Funds: Budgeted Amount: $88,500 Total Cost: $107,377 Funds to Be Utilized for Appropriation: Community Development Department Operating Budget Attachments: 1. Resolution R-24-29 for piggyback of contract 2. 8-KOI, Inc City of Sebastian Piggyback Agreement 3. Doug Wilson Enterprises, Inc. City of Sebastian Piggyback Agreement 4. Heard Construction, Inc City of Sebastian Piggyback Agreement 5.Ovation Construction Company, LLC City of Sebastian Piggyback Agreement 6.24-11-RFQ Community Development Office Remodel - Phase 1 Tab Sheet Administrative Services Department Review: l.� City Attorney Revi Procurement Division eview, if applicable: tJ City Manager Authorization: Date: 6 ,toy QUOTE TABULATION 24-11-RFO, Community Development Office Remodel Option 1- Non Ballistic Glass Doug Wilson Enterprises, Inc 8-Koi, Inc. Ovation Construction Company Item Description I I Total Amount I I Total Amount I I Total Amount I Division 1- General Conditions Prq ea Manq Ter Pro�ect Cooryinator (General labor IDay labor IPro)ect Superintendent (Temporary Signs ITollet Facilities - Office Tank IE4uipment Rental IEnpendable Tool Supply (Fuel IDust[over (Cleanup Dumpster IFlnal Clean IDesign (Permits I Total Division-1 I DNDlon 2-Site Work IDemolition I Total Division - 2 1 Division 6-Carpentry (Rough Carpentry (Backing) (Trim Carpentry ICabinents (Countertops I Total Division-6 I Dividers B -Doors&Windows Door Package Interior Glass Non Ballistic (Kit Installation I Total Division - 8 I Dlvhlon 9-Finishes (Drywall and Metal Studs Ilnstali Ballistic panels IPalnting (Floor Repairs and New Vinyl Base Total Division - 9 Division 15 - Mechanical I IHVAC ]Fire Sprinkler I Total Division -15 I Division 16-Electrical I (Electrical System ISmoke Detectors I I Total Division - 261 1 $ Total of All Divisionsl 15 G and A Eapensesl 1 $ CM Feel $ Bon 1 $ Taaesl I Total Project Cost] IS NOTE: Heard Conviction, Inc. submitted a NO BID I I I Division l- General Conditions I I Division l- General Conditions I I Division l- General Conditions 1 I I 4,983.001 1$ 5,224.44 1 1 1 I I 1 1$ 3,390.071 1 1 1 1$ 4,350.001 1$ 7,344.001 1 1 1 1 1 I$ 5,875.201 1 1 1 1$ 20,440.001 1$ 12,463.991 I 1 1 1$ 350.001 1 1 1 1 1 1$ 267.001 1$ 122.401 1 1 1 1$ 428.001 1 1 1 1 1 1$ 1,200.001 1 1 1 1 1 1 $ 246.0011 11 1 1 1 $ 500.0011 11 1 1 1$ 901.001 IS 918.001 1 1 1 1 $ 500.0011 11 1 1 1$ 7,500.001 1$ 21,420.001 1$ 5,000.00 1 1 1 1 I$ 1,244.401 1$ 1,600.00 1 I I$ 31,665.O0 11$ 58,002A9 l I$ 6,600.00 1 I I Dh4slon 2-Site Work I I DNWon2-SlseWork I I Division 2-Site Work I Is 2,508.001 1$ 2,215.601 1$ 2,400.00 1 1 1$ 1,508.00 1 1$ 2,115.60 1 1$ 2,400.00 1 1 1 Dlvlslon 6-Carpen I I Division 6-C4rpentry I I Division 6-Carpentry I I Is 758.001 1 1 1 1 1 1$ 768.001 1 1 1 1 1 Is 6,280.001 1$ 3,644,141 1 1 1 1 1 1$ 5,567.54 I I $ 6,900.00 1 1 1$ 7,816.00 1 1$ 9,211.68 I $ 6,900.00 I I I DMsion B-Doom &Windom I I Dh4sion 8-Doors&WlMows I Division 8-Doors&Wlndows 1 1 1$ 2,236.001 1$ 7,885.32 1 1 1 1 1 $ 12,OD0.00 11$ 703.601 1$ 22,000.00 1 I I I I I I$ II 6,022.89 I 1 II 1 1$ II 14,236.001 1$ 8,58892 1 IS 28,022.89 I Division 9-Finishes I I DMslon 9-FlMslses I I DMdm 9-Finishes 11$ 15,930.01) 11$ 8,195.64 1 I $ 35,025.00 I I$ eao.00 I I I I I 1 1$ 2,500.001 1$ 2,628.241 1 1 1 1$ 1,000.00 1 1$ 1,778.601 1 1 1 1$ 20,230.00 11$ 12,602.48 11$ 35,025.00 1 I I Division is - Mechanical 11 Division 15-Mechanical 1 Division 15-Mechanical II 1 1$ II 1,500,001 1$ II 3,96SAS 1 1$ I 2,200.00 1 1 1$ 4,500.001 1$ 5,445.43 1 1$ 6,230.00 1 1 1$ 6,000.00 1 1$ 9,410.581 1$ 9,430.00 1 11 DM4ion 16-Electrical I I Division 16-Electrical I I Division 26-Electrical 1 II 1 1$ II 51000,001 Is II 3,398.701 1$ I 15,800.00 1 S,000AO 1 1 $ 3,398.701 $ 25,800.00 1 11 86,455.001 IS 1 103,330.45 1$ 1 103,177.89 1 6,916.001 IS 20,660.101 $ 35,326.11 1 14,006.001 1 1 1 1 1,299.001 1$ 3,651.651 1 1 1 1$ 1,958.371 1 1 107,377.00 1 1$ 129,60097 1 1$ 138,504.00 1