SUGGESTED AGENDA PERRY, FLORIDA MONDAY, JANUARY 06,2025 6:00 P.M. 201 E. GREEN STREET OLD POST OFFICE TAYLOR COUNIY BOARD OF COUNTY COMMISSIONERS TAYLOR COUNTY APMINISTRATIVE COMPIEA CONFERENCE LINE: 1-917-900-1022 ACCESS CODE: 32347# THIS IS NOT A TOLL-FREE NUMBER AND YOU MAY BE SUBJECTTO LONG DISTANCE CHARGES, ACCORDING TO YOUR LONG- DISTANCE PLAN. When the chairperson opens the meeting for public comment, please follow the below Ify you wish to speak please dial *5. The moderator will unmute your line when it is your turn to speak, and notify you by announcing the last 4 digits of your telephone number. Please announce your name and address. You will be allowed to speak for 3 minutes. instructions: NOTICE IS HEREBY GIVEN, PURSUANT TO FLORIDA STATUTES 286.0105, THAT ANY PERSONS DECIDING TO APPEAL ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE MEETING AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS-TO-BE ANY PERSON WISHING TO ADDRESS THE. BOARD REGARDING AN AGENDAED ITEM WILL BE GIVEN THREE (3) MINUTES FOR COMMENT. A COMMENTER MAY ONLY SPEAK ONE (1) TIME FOR EACH AGENDAED BASED. ITEM. 1. Prayer 2. Pledge of Allegiance 3. Approval of Agenda CONSENT ITEMS: 4. APPROVAL OF MINUTES NOVEMBER 19, 2024, DECEMBER 2, 2024 AND DECEMBER 17, 2024. 5. EXAMINATION AND APPROVAL OF INVOICES. 6. THE BOARD TO CONSIDER ADOPTION OF RESOLUTIONS TO REFLECT UNANTICIPATED MONIES IN THE GENERAL FUND, AS AGENDAED BY DANNIELLE WELCH, COUNTY FINANCE DIRECTOR. 7. THE BOARD TO RATIFY THE SIGNATURE OF THE CHAIRPERSON ON THE MEMORANDUM OF UNDERSTANDING WITH THE CLERK OF COURTS TO OBLIGATE $2,566/190.20 OF THE REMAINING UNOBLIGATED AMERICAN RESCUE PLAN ACT FONDING FOR PUBLIC SAFETY EXPENDITURES, AS AGENDAED BY LAWANDA PEMBERTON, COUNTY ADMINISTRATOR. 8. THE BOARD TO CONSIDER APPROVAL OF SELECTION AND NEGOTIATION WITH SHORT-LISTED FIRMS FOR PROFESSIONAL CONSTRUCTION ENGINEERING AND INSPECTION SERVICES UNDER THE TERMS OF CONTINUING CONTRACT, AS AGENDAED BY KENNETH DUDLEY, COUNTY ENGINEER. 9. THE BOARD TO CONSIDER APPROVAL OF SELECTION AND NEGOTIATION WITH SHORT-LISTED FIRMS FOR PROFESSIONAL ENGINEERING SERVICES UNDER THE TERMS OF A CONTINUING CONTRACT, AS AGENDAED BY THE COUNTY ENGINEER. 10. THE BOARD TO CONSIDER APPROVAL OF FIRE STATION 2 CONSTRUCTION REQUEST FOR PROPOSAL (RFP) DOCUMENTS AND REQUEST TO ADVERTISE, AS AGENDAED BY DAN CASSEL, FIRE CHIEF. 11. THE BOARD TO CONSIDER APPROVAL OF THE FLORIDA MUNICIPAL INSURANCE TRUST (FMIT) ELECTION FORM FOR HURRICANE HELENE COUNTY BUILDING REPAIRS, AS AGENDAED BY THE COUNTY ADMINISTRATOR. 12. THE BOARD TO CONSIDER APPROVAL OF APPOINTMENT OF JOSEPH B. FRANKLIN AS NEW TAYLOR COUNTY 911 COORDINATOR, AS AGENDAED BY DAKOTA BEMBRY, 911 COORDINATOR. BIDS/PUBLIC HEARINGS: 13. THE BOARD TO HOLD A PUBLIC HEARING, SET FOR THIS DATE AT 6:00 P.M., OR AS SOON THEREAFTER AS POSSBILE, TO DISCUSS AND RECEIVE PUBLIC INPOT FOR THE POSSIBLE SUBMISSION OF A GRANT APPLICATION TO FLORIDA DEPARTMENT OF TRANSPORTATION, TRANSPORTATION: ALTERNATIVE PROGRAM (TAP) FORTHE 2031 FUNDING CYCLE FOR THE CONSTRUCTION OF A SIDEWALK FROM THE CORNER OF US 19 AND INDUSTRIAL PARK DRIVE TO PUCKETT ROARD AND ALONG PUCKETT ROAD TO CONNEÇT TO THE EXISTING SIDEWALK ENDING AT LACOUR LANE, PERRY, FL., AS AGENDAED BY MELODY COX, GRANTS WRITER. 14. THE BOARD TO HOLD A PUBLIC HEARING, SET FOR THIS DATE AT 6:05 P.M., OR AS SOON THEREAFTER AS POSSBILE, TO DISCUSS AND RECEIVE PUBLIC INPUT FOR THE POSSIBLE SUBMISSION OF A GRANT APPLICATION TO FLORIDA DEPARTMENT OF TRANSPORTATION, TRANSPORTATION ALVERNATIVES PROGRAM (TAP) FOR THE 2031 FUNDING CYCLE FOR THE CONSTRUCTION OF A SIDEWALK IN STEINHATCHEE, FLORIDA FROM THE STEINHATCHEE RIVER BRIDGE TO FIRST AVENUE NE., AS AGENDAED BY MELODY COX, GRANTS WRITER. 15. THE BOARD TO RECEIVE BIDS, SET FOR THIS DATE AT 6:10 P.M., OR AS SOON THEREAFTER AS POSSIBLE, FOR THE BUILDING OF A QUICK RESPONSE SQUAD FIVE APPARATUS, AS AGENDAED BY DAN CASELL, COUNTY FIRE CHIEF. 16. THE BOARD TO HOLD A PUBLIC HEARING, SET FOR THIS DATE AT 6:15 P.M., OR AS SOON THEREAFTER AS POSSIBLE, TO CONSIDER AN ADMENDMENT TO THE FOTURE LAND USE MAP OF THE COMPREHENSIVE PLAN FOR NAMMO-PERRY, AS AGENDAED BY LAWANDA PEMBERTON, COUNTY ADMINISTRATOR. PUBLIC REQUESTS: 17. STEINHATCHEE RIVER CHAMBER OF COMMERCE TO REQUEST USE OF THE OVERFLOW PARKING AREA AT THE STEINHATCHEE BOAT RAMP FOR THE FIDDLER CRAB FESTIVAL. GENERAL BUSINESS: 18. THE BOARD TO DISCUSS CODE ENFORCEMENT, AS AGENDAED BY COMMISSIONER FEAGLE. COUNTY STAFF ITEMS: 19. THE BOARD TO DISCOSS POSSIBLE STATE APPROPRIATION REQUEST FOR PERRY FOLEY AIRPORT, AS AGENDAED BY WARD KETRING, AIRPORT MANAGER. COUNTY ADMINISTRATOR ITEMS: 20. THE COUNTY ADMINISTRATOR TO DISCUSS INFORMATIONAL 21. COMMENTS AND CONCERNS FROM THE PUBLIC FOR NON-AGENDAED ITEMS. ITEMS: 22. BOARD INFORMATIONAL ITEMS: Motion to Adjourn FOR YOUR INFORMATIONE: THE AGENDA AND ASSOCIATED DOCUMENTATION, IF APPLICABLE, IS AVAILABLE TO THE PUBLIC ON THE FOLLOWING WEBSITE: www.taylorcountygov.com IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF' CERTAIN ASSISTANCE. PLEASE CONTACT MARSHA DURDEN, ASSISTANT COUNTY ADMINISTRATOR, 201 E. GREEN STREET, PERRY, FLORIDA, 850-838-3500, EXT.7, WITHIN TWO (2) BALLOTS USED TO APPOINT CITIZENS TO ADVISORY COMMITTEES AND ADVISORY BOARDS ARE AVAILABLE FOR PUBLIC INSPECTION AFTER THE MEETING AND ARE RETAINED AS PART OF THE PUBLIC RECORD. WORKING DAYS OF THIS PROCEEDING. RESOLUTION IN COMPLIANCE to the laws of the State of Florida, as per Florida Statute 129.06(b), the undersigned Clerk and Auditor for the Board of County Commissioners of Taylor County, Florida, made and prepared the following budget changes to reflect unanticipated monies for a particular purpose which caused the GENERAL FUND for the fiscal period ending September 30, 2025, to be in excess of the advertised budget. BE IT RESOLVED that the listed receipts and appropriations be added to, included in and transferred to the GENERAL FUND budget for the fiscal year ending September 30, 2025. Amount Revenue: $13,998 Expenditures: $13,998 Account Account Name 001-3342007 911 Rural County Maintenance (Fal1)Grant 0255-54630 R&M - Office Machine/Equipment NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Taylor County, Florida, that they do approve as provided by law this resolution this 6th day of January, 2025 at Perry, Taylor County, Florida, to amend the budget for the fiscal period ending September 30, 2025 with a motion by Commissioner seconded by Commissioner and carried unanimously. Gary Knowles, Clerk-Auditor Chairman New Grant Awarded for 2025 FY = 2024 Fall Grant Decusign Envelope ID: E14A8549-1781-4175-8C9D-BB1A0D070B35 2024 FRLI brant of Department MANAGEMENT SERVICES (fy25) 911 Rural Grant Agreement DIVISION/OFFICE: Division of Telecommunications: Bureau of Public Safety AUTHOR of BRIEF: Valerie Wainwright GRANT TYPE: 911 Rural County Grant Program CONTRACT ACTION: Grant Agreement; Taylor County Grant 24-10-24 RELEVANT AUTHORITY: 365.172 COUNTVIREGIONE Taylor_County BACKROUND: The 911 Rural County Grant Program's purpose is to assist rural counties with the installation and maintenance of 911 systems and to provide 'seamless' 911 throughout the State of The Board of County Commissioners in any couaty in the State of Florida with a population of less All grant applications are verified by Bureau of Public Safety E911 staff and approved by the Florida. than 75,000 is eligible to apply for this grant program. Emergency Communications Board prior to agreement development. SCOPE: 911 System MaintenancelMobile PSAP Equipment & Service The county will receive Maintenance for 911 systems, remote diagnostics, onsite preventative measures, engineering design for PSAPS, Technical support. JUSTIFICATION: Without maintenance and software support the county would not be able to maintain enhanced 911. Installing software updates and hot fixes is needed to ensure uninterrupted operation of all the components to the 911 system. RECEIVED DEC102024 GARYKNOWLES CLERKO CIRCUITCOURT TAYLOR COUNTY,FLORIDA Deph: 0256-54430 0ol- 3342007 3 13.998 TAYLOR COUNTY BOARD OF COMMISSIONERS County Commission Agenda Item SUBJECT/TITLE: The Board to ratify the signature of the Chairperson on the MOU with the Clerk of Courts to obligate $2,566,190.20 of the remaining unobligated American Rescue Plan Act funding for Public Safety expenditures. MEETING DATE REQUESTED: Statement of Issue: 1/6/2025 To memorialize the obligation of American Rescue Plan Act funding to Public Safety expenditures. Recommended Action: Ratify MOU Fiscal Impact: Budgeted Expense: Submitted By: Contact: $2,566,190.20 Yes LaWanda Pemberton, County Administrator (850)838-3500 ext. 6 SUPPLEMENTAL MATERIAL/ISSUE. ANALYSIS History, Facts & Issues: Regarding the American Rescue Plan Act (ARPA) State and Local Fiscal Recovery Funds (SLFRF) program, Treasurys FAQ17.1 clarifies how a recipient may incur an obligation. Under the rule adopted in 2021, an "obligation" means an order placed for property and services and entering into contracts, sub-awards, and similar transactions that Under the amendment to the rule adopted in 2023, an obligation also includes a requirement under federal law or regulation or provision of the SLFRF award terms and conditions to which a recipient becomes subject as a result of receiving or Treasury considers an interagency agreement or memorandum of understanding (MOU), meeting certain conditions, to constitute a transaction requiring payment similar to a contract or sub-award, and therefore, meets the requirement of an require payment. expending SLFRF funds. obligation. Per FAQ176 Treasury considers an interagency agreement, including an agreementin the form ofa memorandum of understanding (MOU). to constitute a "transaction requiring payment" similar to a contract or sub-award and therefore an obligation for purposes of the SLFRF rule, ifthe agreement satisfies at least one (1) of the following conditions: Iti imposes conditions on the use of funds by the agency, department, or part of It governs the provision of funds from one agency, department, or part of government to another to carry out an eligible use of SLFRF funds; or Itgoverns the procurement of goods or services by one agency, department, or part government receiving funds to carry out the program; ofg government from another and the agreement also satisfies each of the following conditions: Itsets forth specific requirements, such as a scope of work and project deliverables; Itis signed by the parties to the agreement, or otherwise evidences that each party Itd does not disclaim any binding effect or state that it does not create rights or has assented to the agreement; and obligations. The MOU formally memorializes the obligation of funding for public safety expenditures, which will allow the County to dorument tha ARPA funding be utilized for already expended public safety costs and move funding to the Generai Fund for stormwater project(s). Options: Attachments: Return funcing to Treasury MCU K COD A > CAPITAL Since 1856* 8 C3 Taylor County, Florida Memorandum ofUnderstanding ARPA SLFRF ALN:21.027 Revenue Replacement Expenditure Category 6.01 December 2024 Table of Contents Memorandum Overview. Obligation Update. Memorandum ofUnderstanding. Revenue Replacement. LIntroduction. I. Conditions on the Use ofF Funds.. IL. Provision of Funds IV. Scope of Work... V.Procurement ofGoods or Services.. VI. Binding Effect. VIL. Addendums. VII. Attachments VII. Signatures. Error! Bookmark not defined. 5 Memorandum Overview Obligation Update Regarding the American Rescue Plan Act (ARPA) State and Local Fiscal Recovery Funds (SLFRF)program, Treasurys FAQ17.1 clarifies how ai recipient may incur an obligation. Under the rule adopted in 2021. an "obligation" means an order placed for property and services and entering into contracts, sub-awards, and similar transactions that require Under the amendment to the rule adopted in 2023, an obligation also includes a1 requirement under federal law or regulation or provision of the SLFRF award terms and conditions to which a recipient becomes subject as a result ofr receiving or expending SLFRF funds. Treasury considers an interagency agreement 0: memorandum of understanding (MOU). meeting certain conditions, to constitute a transaction requiring payment similar to a contract or sub-award, and therefore, meets the requirement of an obligation. payment. Per FAO 17.6 Treasury considers an interagency agreement, including an agreement in the form of a memorandum of understanding (MOU), to constitute a "transaction requiring payment" similar to a contract or sub-award and therefore an obligation for purposes of the SLFRF rule. if the agreement satisfies at least Dne (1) oft the following conditions: Itimposes conditions on the use of funds by the agency, department. or part ofg government Itg governs the provisior. of funds from one agency. department. or part of government to It governs the procuremnent of goods or services by cne agency. department. or par. of receiving funds to carry out the program: another to carry out an eligible use of SLFRF funds; or government from another and the agreement also satisfies each of the following conditions: Its sets forth specific requiremenss. such as a scope ofwork and project deliverables: Itis signed by the parties to the agreement, or otherwise evidences that each party has Itdoes not disclaim any binding effect or state that it does not create rights or obligations. The parties hereto acknowiedge that additional guidance or updaes to these requirements may be provided by the United States Treasury Department. To that end. the parties reserve the right IO supplement this agreement to comply with any future guidance or requirements issued by the assented to the agreement: and United States Treasury Department. Memorandum ofUnderstanding Revenue Replacement To: Taylor County, Clerk of Court Gary Knowles From: Taylor County Board of County Commissioners .Introduction The Board of County Commissioners of Taylor County by way of this interagency agreement has authorized the Clerk of Court to carry out the eligible projects and program as defined below. These projects and programs are considered eligible uses under the ARPA SLFRF Expenditure Categories (ECs) listed below. EC6-Revenue Replacement EC 6.01: Where funding may be used for "government services" which generally include any service traditionally provided by a government, unless Treasury has stated otherwise. These services may include: Road building and maintenance, and other infrastructure. Provision of public safery ànd other services, Health services, and General government administration, staff. and administrative facilities. Where Treasury encourages the use of government services funds on uses that include, but are not limited to: Any service traditionally provided by a government Offsets ofa reduction in net tax revenue. accrued, unfunded liability. Where funding mav not be used for: Extraordinary contributions to a pension fund for the purpose of reducing an Payments for debt service and replenishments of rain day funds. Satisfaction of settlements and judgments. Uses that contravene or violate the. American Rescue Plan Act. Uniform Guidance conflicts ofi interest requirements, and other federal. state. and local laws and regulation. II. Conditions on the Use of Funds Through this memorandum the deparment will abide by the folowing conditions: 3 a. Any funds not expended as authorized under this agreement must be refunded to the b. Any funds that are not expended by December 31, 2026. are subject to recapture by the The Department has responsibility for identifying and recovering SLFRF funds that were d. The Department will comply will all closeout procedures for the awards, including full compliance with the agreement terms and conditions, ARPA SLFRF rules and guidance, and 2 CFR 200 as applicable. Key tasks will be closeout communications, confirmation for maintenance of records and financial documents. receipt of all final reimbursement requests or payment requests, receipt of all financial reports and performance reports, fulfillment ofany requests to reconcile reports and payment requests. The retention period County before December. 31,2026. County for return to the United States Department oft the Treasury expended in error, disallowed. or unused. per SLFRF compliance and reporting is 5 years. III. Provision of Funds Taylor County, Florida, by and through its Clerk of Court, and authorized by and through its authority granted by Board ofCounty Commissioners, has authorized obligation OfARPA SLFRF funds to the Taylor County Board of County Commissioners to carry out the projects and funding uses identified below through December 31, 2026. Project Estimated Amt. Expend. Category 6.01 Project Name Public Safety Costs Project Description Payroll, operating costs. and other expenses law enforcement, fire, and rescue services. associated with public safety services. including $2.566.190.20 TOTAL The funds will be used to cover costs associated with. implementing and administering these projects and programs. Taylor County and the Board of County Commissioners have agreed to the terms within this Memorandum of Understanding for carrying out these projects through December. 31,2026. IV.Scope ofWork These projects will be captured under "Expenditure Category 6.01 - Provision of Govemment services". Below: is a summary oft the scope ofwork that is authorized under this MOU for each project and/or program: EC6.01 - Public Safety Costs Revenue Replacement - scope of work: Funding will be used to reimburse the County for eligible public safety costs, including. but not limited to, payroll, operating costs. and equipment. Payroll, operating costs, equipment, contractual services, and any other costs Fulfillment of all agreed upon contractual obligations for County public safety Final Report detailing payroll, operational costs. and contractual services funded Authorized funding uses: Deliverables Anticipated: necessary for the provision of public safety services These projects are subject to the terms. conditions and policies of ARPA SLFRF, the Board of County Commissioners, and the relevant state and federal laws and regulations. V.I Procurement of Goods or Services The Department will: principles. requirements. VI. Binding Effect a. Comply with 2 CFR 200 (Lniform Guidance) for accounting standards and cost b. Comply with the Taylor County policies and ordinances relative to procurement, and the County'sP Procurement policy. as well as any other applicable federal or state procurement Taylor County, by the authority designated by the Board ofCounty Commissioners have agreed to the terms within this Memorandum of Understanding for implementation of the projects identified herein until December31,2026. or date ofcompletior. whicheveriss sooner. withetotai obligation amount of $2,566,190.20 VII. Addendums The County and the Board of County Commissioners hereby agree to supplement this Memorandum of Understanding to provide greater detail regarding the scope of work tO be performed and project deliverables to be achieved as such detail becomes available and as may be required by the United States Treasury Department. 5 VII. Signatures IN WITNESS WHEREOF the parties hereto have, in due form of law, caused this agreement to be executed the day and year first above written. Amebnyps COUNTY CLERK DATE: N A : SE 3L resyy COUNTERSIGNED: Lluwilh COUNTY CONTROLLER DATE: 12/s/- APPROVED AS TOFORM: Gmhr COUNTY ATTORNEY DATE: Mtpa TAYLORCOUNTY,FL BY: TITLE: Chairperson DATE: TAYLOR COUNTY BOARD OF COMMISSIONERS County Commission Agenda Item SUBJECT/TITLE: BOARD TO CONSIDER APPROVAL OF SELECTION AND NEGOTIATION WITH SHORT-LISTED FIRMS FOR PROFESSIONAL CONSTRUCTION ENGINEERING & INSPECTION SERVICES UNDER THE TERMS OF A CONTINUING CONTRACT. MEETING DATE REQUESTED: Statement of Issue: January 6, 2025 The Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, requires that Professional Engineering Services be solicited as a Request for Qualifications for continuing contracts and for those projects that will meet or exceed specified thresholds within the statute. Recommended Action: The Board should approve the proposed short-list and further approve the Selection Committee to begin negotiations with the top three (3) firms to provide Professional Construction Engineering & Inspection Services. Fiscal Impact: Budgeted Expense: Submitted By: Contact: EXPECTED TO BE 4-8% OF PROJECT COST BASIS YES ENGINEERING DEPARTMENT COUNTY ENGINEER SUPPLEMENTALMATERIAL/ISSUE/ ANALYSIS History, Facts & Issues: The Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, requires that Professional Engineering Services be solicited as a Request for Qualifications (RFQ) for continuing contracts and for those projects that will meet or exceed specified thresholds within the statute. In accordance with this requirement, the Board advertised a Request for Qualifications for Construction Engineering & Inspection Services. The Board received responses from four (4) firms on October 7, The RFQ solicitation package identified the submission criteria, evaluation criteria and a sample contract for the successful firm(s). The Selection Committee members individually reviewed all packages submitted and then averaged scores to assemble a short-list of those firms that offered the most responsive proposals. Staff recommends that the Board approve the proposed short-list and further approve the Selection Committee to begin negotiations with the top three (3) firms to provide Professional Construction Engineering & Inspection Services. Once negotiations are completed, Staff 2024, and appointed a Selection Committee to review their responsiveness. will forward the results oft those negotiations to the Board for final approval. Construction Engineering & Inspection Services SOQ Evaluation Project Management & Expertise 10P Pts 1001 Pts Rank Accomplishments, Viability, Firm's Estimate/Cost Success 25Pts 22.7 20.0 20.3 20.3 Project Familiarity Deliverable Experience Compliance Technology RFQ Personnel Engineering & Firm Workload Reputation/AbilitiesCertifntcations. & Past and Budget Coordination Total Firm Name Understanding Location 10Pts 9.3 8.3 9.0 9.3 10 pts 10 pts 8.7 7.7 8.3 8.3 20Pts 20.0 11.0 18.0 18.3 15Pts 13.7 12.7 13.3 13.7 CHW Professional Consultants Locklear & Associates North Florida Professionals RS&H 9.0 7.7 8.0 8.7 8.7 8.0 8.0 8.3 92.0 1 75.3 4 85.0 3 87.0 2 Selection Committee Members: Hank Evans, Public Works Director Scott knight, Public Works Superintendent Kenneth Dudley, County Engineer Options: 1) Approve the proposed short-list and further approve the Selection Committee to begin negotiations with the top three (3) firms to provide Professional Construction Engineering & Revise the proposed short-list and further approve the Selection Committee to begin negotiations with the top three (3) firms to provide Professional Construction Engineering & Inspection Services. 2) Inspection Services. 3) Attachments: Evaluation Criteria Reject the proposed recommendation and state reasons for denial. Review Committee Scoring Matrix CEISERVICES QUALIFICATION QUESTIONNAIRE Responses to each of the following topics must be limited to a maximum of one page (12 pt type). However, should further clarification ofe examples be necessary, an appendix may be added to the back of the proposal provided it is properly referenced within the one-page description. Unreferenced or poorly organized appendices will not be considered. 1. 2. Project Understanding: Describe your understanding of the project scope and requirements Project Team: List in detail the members of your project team and the expertise each will bring to the project and any unique knowledge relevant to the intended scope. Include all current licensure and that of any proposed specialty work sub-consultant(s). Ifapplicable, include State of Florida Minority Business Enterprise Certification(s) as defined by the Florida Statutes and Minority Business Assistance Act of 1985. More than one page will be allowed for response to necessary for proper completion of the work proposed. this question. 3. Taylor County Work: List any and all projects that your firm has completed, or that are in progress at the present time, for Taylor County within the last five (5) years. This project history should include projects in which your firm was the prime consultant, a joint consultant or a sub- Past Experience: Summarize previous projects your firm has completed that are similar in nature and scope to the proposed scope of services. Specify your firm's role, responsibilities, and the outcome ofthe CEI services you provided. Include discussion regarding any issues and how your Location: Describe how the location of your project team may benefit the County as it specifically Quality/Cost Controls: Describe how you would propose to control the quality and cost of a comparable to those types listed within the scope of services. In the event of an undesirable or unacceptable work product, what actions would you take to remedy these conditions in a timely manner? What steps will your firm take to ensure that a project is completed in a timely manner? Workload: Comment on your firm' s current workload and how it will or will not affect potential project Task Work Orders. Include narrative addressing the time commitment availability of key Qualification Summary: Summarize what you consider are the qualifications of your firm and/or team that make you the most qualified firm to provide Taylor County CEI Services as described within this solicitation. Consider those areas addressed within the Evaluation/Selection criteria. Disclose any potential conflict ofinterest that your firm may have due to other clients, contracts consultant. 4. firm addressedresolved them. 5. 6. relates to the completion of the scope of services. 7. members. 8. or property interests in providing CEI Services to the County. CEIS SERVICES EVALATON/SEIECTON OF PROPOSALS A Selection Review Committee will evaluate all proposals received and; 1. Prepare an alphabetical listing of those proposers determined to be interested and available. Evaluate the proposals meeting minimum submission criteria based upon qualifications and conduct discussions with up to three firms deemed to be the most highly qualified to provide the services required. Each of the firms will be required to execute the Truth-ln-Negotiation Certificate as defined in Florida Statutes, 287.055. Selection as best qualified will be based on the following considerations: No. Evaluation Criteria Points 10 10 10 1 Did the firm follow submittal requirements and clearly demonstrate an understanding of the purpose for the Request for Qualifications 3 Unique knowledge of key members relevant to the intended scope 2 Qualifications of personnel assigned 4 Women and minority participation and project management team 7 Time Commitment available of key members 8 Past record of professional accomplishments 9 Financial viability and responsibility 5 Geographic location ofthe firm, including permanent office of designing engineer 6 Current workload and potential effect on project schedule/deliverables Firm' 's reputation and competence, including technical education and training, 10 availability of adequate personnel, equipment and facilities, the extent of repeat business of the firm and, where applicable, the relationship of cost estimates by 11 Familiarity with anticipated project areas/scope of work required 12 Previous project experience with intended projects of similar in size and scope 13 Firm's capability to meet project/deliverable schedules and timing 14 Willingness and assurances to meet budget requirements 15 Ability to observe and advise whether construction complies with plans and 16 Demonstrated expertise and experience in project management, coordination and 25 the firm to actual costs on previous projects 20 15 10 100 specifications utilizing various design software 17 Total 12.18.2024 Committee Review Summary Construction Engineering & Inspection Services SOQI Evaluation RFQ &Firm Workload Reputatiaa/Abilie/c Familiarity & and Budget & Accomplishments, ertifications Estimate/Cost! Success Experience 25Pts 22.7 20.0 20.3 20.3 Project Technology Expertise 15Pts 10Pts 100Pts Rank 8.7 8.0 8.0 8.3 Personnel Viability, Firm's Project Deliverable Management Total CEI Firm Name Understanding Location Past Compliance Coordination 10Pts 10pts 10pts 9.3 8.7 9.0 7.7 7.7 9.0 8.3 8.0 9.3 8.3 8.7 20Pts 20.0 11.0 18.0 18.3 CHWI Professional Consultants Locklear & Associates 8.3 North Florida Professionals RS&H 0 13.7 12.7 13.3 13.7 92.0 1 75.3 4 85.0 3 87.0 2 0.0 5 Engineering Services SOQ Evaluation Accomplishments, ertifications Estimate/Cost: Success Experience 25Pts 23.0 23.7 21.3 22.3 Project Technology Expertise 15Pts 10Pts 100Pts Rank 9.3 9.3 8.3 8.7 Personnel Understanding Location 10Pts 10pts 10pts 9.3 9.3 8.3 9.0 8.7 8.0 7.7 7.7 8.0 Viability, Firm's Project Deliverable Management & Engineering! Firm RFQ &I Firm Workload Reputatioa/Abiliieic Familiarity & and Budget Total Name CHW Professional Consultants George & Associates 9.3 Locklear & Associates 9.3 North Florida Professionals 0 0 Review Committee: Hank Evans Scott knight Keeneth Dudley Past Compliance Coordination) 20Pts 20.0 19.3 17.0 19.7 13.7 13.3 13.3 13.7 93.0 1 92.7 2 85.0 4 89.3 3 0.0 5 0.0 5 9.3 Hopb Ese Stk 9 TAYLOR COUNTY BOARD OF COMMISSIONERS County Commission Agenda Item SUBJECT/TITLE: BOARD TO CONSIDER APPROVAL OF SELECTION AND NEGOTIATION WITH SHORT-LISTED FIRMS FOR PROFESSIONAL ENGINEERING SERVICES UNDER THE TERMS OF A CONTINUING CONTRACT. MEETING DATE REQUESTED: Statement of Issue: January 6, 2025 The Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, requires that Professional Engineering Services be solicited as a Request for Qualifications for continuing contracts and for those projects that will meet or exceed specified thresholds within the statute. Recommended Action: The Board should approve the proposed short-list and further approve the Selection Committee to begin negotiations with the top three (3) firms to provide Professional Engineering Services. Fiscal Impact: Budgeted Expense: Submitted By: Contact: EXPECTED TO BE 6-10% OF PROJECT COST BASIS YES ENGINEERING DEPARTMENT COUNTY ENGINEER SUPPLEMENTALMATERIALASSUEANALYSIS History, Facts & Issues: The Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, requires that Professional Engineering Services be solicited as a Request for Qualifications (RFQ) for continuing contracts and for those projects that will meet or exceed specified thresholds within the statute. In accordance with this requirement, the Board advertised a Request for Qualifications for Engineering Services. The Board received responses from four (4) firms on October 7, 2024, and appointed a The RFQ solicitation package identified the submission criteria, evaluation criteria and a sample contract for the successful firm(s). The Selection Committee members individually reviewed all packages submitted and then averaged scores to assemble a short-list of those firms that offered the most responsive proposals. Staff recommends that the Board approve the proposed short-list and further approve the Selection Committee toi begin negotiations with the top three (3) firms to provide Professional Engineering Services. Once negotiations are completed, Staff will forward the results of Selection Committee to review their responsiveness. those negotiations to the Board for final approval. Engineering Services SOQ Evaluation Accomplishments, Viability, Firm's Estimate/Cost Success 25Pts 23.0 23.7 21.3 22.3 Project Familiarity Project & Oversight Personnel Location 10pts 10 pts 9.3 9.0 8.0 7.7 Deliverable RFQ Engineering Understanding & Firm Workload Reputation/Abilities/Certincations, & Past and Budget Management Total Firm Name Experience Compliance Capability 10Pts 9.3 9.3 9.3 9.3 20Pts 20.0 19.3 17.0 19.7 15Pts 13.7 13.3 13.3 13.7 10Pts 100Pts Rank CHW Professional Consultants George & Associates Locklear & Associates North Florida Professionals 8.3 8.7 7.7 8.0 9.3 9.3 8.3 8.7 93.0 1 92.7 2 85.0 4 89.3 3 Selection Committee Members: Hank Evans, Public Works Director Scott knight, Public Works Superintendent Kenneth Dudley. County Engineer Options: 1) 2) 3) Attachments: Evaluation Criteria Approve the proposed short-list and further approve the Selection Committee to begin negotiations with the top three (3) firms toj provide Professional Engineering Services. Revise the proposed short-list and further approve the Selection Committee to begin negotiations with the top three (3) firms to provide Professional Engineering Services. Reject the proposed recommendation and state reasons for denial. Review Committee Scoring Matrix ENGINEERING: SERVICES QUALIFICATION QUESTIONNAIRE Responses to each of the following topics must be limited to a maximum of one page (12 pt type). However, should further clarification ofexamples be necessary, an appendix may be added to the back of the proposal provided it is properly referenced within the one-page description. Unreferenced or poorly organized appendices will not be considered. 1. 2. Project Understanding: Describe your understanding of the project scope and requirements Project Team: List in detail the members of your project team and the expertise each will bring to the project and any unique knowledge relevant to the intended scope. Include all current licensure and that of any proposed specialty work sub-consultant(s). Ifa applicable, include State of Florida Minority Business Enterprise Certification(s) as defined by the Florida Statutes and Minority Business Assistance Act of 1985. More than one page will be allowed for response to Taylor County Work: List any and all projects that your firm has completed, or that are in progress at the present time, for Taylor County within the last five (5): years. This project history should include projects in which your firm was the prime consultant, a joint consultant or a sub- Past Experience: Summarize previous projects your firm has completed that are similar in nature and scope to the proposed scope ofservices and the outcome ofthe planning. design. management, etc. you provided. Please be specific as to whether the projects were expansion or stand-alone construction projects and how they were constructed (Design-Build, Construction Management, Straight Bid). Include the relationship of cost estimates or time projections prepared by your firm Location: Describe how the location ofyour project team may benefit the County asi it specifically Quality/Cost Controls: Describe how you would propose to control the quality and cost of a comparable to those types listed within the scope of services. In the event of an undesirable or unacceptable work product, what actions would you take to remedy these conditions in a timely manner? What steps will your firm take to ensure that a project is completed in a timely manner? Workload: Comment on your firm's current workload and how it will or will not affect potential project Task Work Orders. Include narrative addressing the time commitment availability of key Qualification Summary: Summarize what you consider are the qualifications ofy your firm and/or team that make you the most qualified firm to provide Taylor County Professional Engineering Services as described within this solicitation. Consider those areas addressed within the Evaluation/ Selection criteria. Disclose any potential conflict ofinterest that your firm may have due to other clients, contracts or property interests in providing Professional Engineering Services necessary for proper completion oft the work proposed. this question. 3. consultant. 4. to actual timeline and costs ofcompletion. relates to the completion oft the scope ofs services. 5. 6. 7. members. 8. to the County. ENGINEERING SERVICES EVALVATION/SELECTION OF PROPOSALS A Selection Review Committee will evaluate all proposals received and; 1. Prepare an alphabetical listing of those proposers determined to be interested and available. Evaluate the proposals meeting minimum submission criteria based upon qualifications and conduct discussions with up to three firms deemed to be the most highly qualified to provide the services required. Each of the firms will be required to execute the Truth-ln-Negotiation Certificate as defined in Florida Statutes, 287.055. Selection as best qualified will be based on the following considerations: No. Evaluation Criteria Points 10 10 10 1 Did the firm follow submittal requirements and clearly demonstrate an understanding of the purpose for the Request for Qualifications 3 Unique knowledge of key members relevant to the intended scope 2 Qualifications of personnel assigned 4 Women and minority participation and project management team 5 Geographic location oft the firm, including permanent office ofdesigning engineer 6 Current workload and potential effect on project schedule/deliverables 7 Time Commitment available of! key members 8 Past record of professional accomplishments 9 Financial viability and responsibility Firm' s reputation and competence, including technical education and training, 10 availability of adequate personnel, equipment and facilities, the extent of repeat business of the firm and. where applicable, the relationship of cost estimates by 11 Familiarity with anticipated project areas/scope of work required 12 Previous project experience with intended projects of similar in size and scope 13 Firm's capability to meet project/deliverable schedules and timing 14 Willingness and assurances to meet budget requirements 15 Ability to observe and advise whether construction complies with plans and 16 Demonstrated expertise and experience in project management., coordination and 25 the firm to actual costs on previous projects 20 15 10 100 specifications utilizing various design software 17 Total 12.18.2024 Committee Review Summary Construction Engineering & Inspection Services SOQ Evaluation &E Firm Workload Reputatioa/Abilis/c Project & Total Technology Expertise 10Pts 100Pts Rank 8.7 92.0 1 8.0 75.3 4 8.0 85.0 3 8.3 87.0 2 0.0 5 Accomplishments, Project Deliverable Management Viability, Firm's Familiarity & ertifications Estimate/Cost: Success Experience 25Pts 22.7 20.0 20.3 20.3 RFQ Personnel 10Pts 10pts 10pts 9.3 8.7 9.0 7.7 7.7 9.0 8.3 8.0 9.3 8.3 8.7 and Budget Past Compliance Coordination 15Pts 13.7 12.7 13.3 13.7 CEI Firm Name Understanding Location 20Pts 20.0 11.0 18.0 18.3 CHW Professional Consultants Locklear & Associates 8.3 North Florida Professionals RS&H 0 Engineering Services SOQ Evaluation Project Management Expertise 10Pts 100Pts Rank 9.3 93.0 1 9.3 92.7 2 8.3 85.0 4 8.7 89.3 3 0.0 5 0.0 5 Accomplishments, Project Viability, Firm's Familiarity & Deliverable & ertifications Experience Compliance Technology Estimate/Cost Success 25Pts 23.0 23.7 21.3 22.3 RFQ Personnel Location 10Pts 10pts 10pts 9.3 9.3 8.3 9.0 8.7 8.0 7.7 7.7 8.0 Engineering Firm Understanding &Firm Workload Reputatiom/Abilitieyc Past and Budget Coordinntion Total Name CHW Professional Consultants George & Associates 9.3 Locklear & Associates 9.3 North Florida Professionals 0 0 Review Committee: Hank Evans Scott knight Keeneth Dudley 20Pts 20.0 19.3 17.0 19.7 15Pts 13.7 13.3 13.3 13.7 9.3 Bop Esoe E4 43 TAYLOR COUNTY BOARD OF COMMISSIONERS County Commission Agenda Item SUBJECT/TITLE: Approval of Station 2 Construction R.F.P. Meeting Date: 1/6/2025 Statement of Issue: Board to consider approval of bid documents Recommendation: Approval of R.F.P. Package and authorize advertisement Fiscal Impact: $ 1,280,000.00 Budgeted Expense: Yes X No N/A Submitted By: Contact: Dan Cassel SUPPLEMENTAL MATERIAL /ISSUE ANALYSIS History, Facts & Issues: This is a state appropriation project ($580,000) that was bid and was under funded. After seeking additional outside funding the board funded an additional $700,000. This project is in it's final year before state funding my be forfeited. Options: 1. Attachments: 1. R.F.P package : REQUEST FOR PROPOSALS Taylor County Fire - Station 2 Design-Build Improvement Project Taylor County, Florida 2020-003-ENG December 2024 Prepared for: Taylor County Board of County Commissioners 108 N.Jefferson St. Perry, Florida 32347 Prepared by: Taylor County Engineering Department 201 East Green Street Perry, FL32347 850.838.3500 Taylor County Fire Station 2 2020-003-ENG TABLE OF CONTENTS PARTI-PROPOSAL REQUIREMENTS Request For Proposals Instructions to Respondents Proposal Forms Public Entity Crimes Statement Non-Collusion Affidavit Drug-Free Workplace Form Truth In Negotiation Certification Hold Harmless, Release and Indemnity Agreement PART2- CONTRACT FORMS Agreement between Owner and Design/Builder on the Basis ofa Stipulated Price Bid Bond Performance and Payment Bond PART3-CONDITIONS OF THE CONTRACT Standard General Conditions Supplementary Conditions ATTACHMENT A - DESIGN CRITERIA PACKAGE Taylor County Fire- Station 2 2020-003-ENG PARTI-PROPOSAL REQUIREMENIS Page 1 ofl Taylor County Fire Station 2 JAMIE ENGLISH District1 2020-003-ENG THOMAS DEMPS District5 JIMN MOODY District2 MICHAEL NEWMAN District3 PAMI FEAGLE District4 TAYLOR COUNTY BOARD OF COUNTY COMMISSIONERS GARY KNOWLES, Clerk Post Office Box 620 Perry, Florida 32348 (850) 838-3506 Phone (850) 838-3549 Fax LAWANDAI PEMBERTON, County Administrator 201E East Green Street Perry, Florida 32347 (850) 838- 3500, extension6 Phone (850)838-3501 Fax REQUEST FOR PROPOSALS CONRADC.E BISHOP, JR., County Attorney Post Office Box.167 Perry, Florida 32348 (850)5 584-6113 Phone (850) 584-2433 Fax FINAL DESIGN AND CONSTRUCTION (DESIGN-BUILD) FOR TAYLOR COUNTY FIRE-STATION2FACILITY The Taylor County Board of County Commissioners is soliciting sealed proposals from Design/Builder Firms for the Taylor County Fire - Station 2, a Design-Build Improvement Qualified Firms desiring to provide the required Design-Build products or services must submit five_(5) packages in a sealed envelope or similar package marked "Sealed Proposal for Taylor County Fire-Station 2" to the Clerk of Court, 15t Floor Courthouse, 108 North Jefferson Street, Suite 102, Perry, Florida, to arrive no later than 4:00 P.M., local time, on February 14,2021. All Proposals MUST have the respondent's name and mailing address clearly shown on the outside of the envelope or package when submitted. Proposals will be opened and respondents announced at 6:00 P.M. local time, or as soon thereafter as practical, on February 18. .2021, in the Taylor County Administrative Complex, 201 East Green Street, Perry, Florida 32347. Proposal information MUST be obtained on-line at the following website address: Note that a Pre-Bid Conference will not be scheduled for this project. See Instructions to Bidders, Article 9 for information concerning requests for additional information or clarification. The County reserves the right, in its sole and absolute discretion, to reject any or all Proposals, to cancel or withdraw this solicitation at any time and waive any irregularities in the solicitation process. The County reserves the right to award any contract to the respondent which it deems to offer the best overall service; therefore, the County is not bound to award any contract(s) based on the lowest quoted price. The County, in its sole and absolute discretion, also reserves the right to waive any minor defects in the process and to accept the proposal deemed to be in the County's best interest. The County, in its sole and absolute discretion, also reserves the right to assign a local business preference in an amount of five (5)percent of the proposal price pursuant to Taylor Project. wwwiyloroumtygov.coxcomgovemmemtcounty,bidsindexphp. County Ordinance No. 2003-12. No faxed Proposals will be accepted. For additional Information, contact: Taylor County Engineering Department 850.838.3500 BY ORDER OF THE BOARD OF COUNTY COMMISSIONERS. Taylor County, Florida Page Lofl Taylor County Fire Station 2 2020-003-ENG INSTRUCTIONSTORESPONDENTS TABLE OF CONTENTS Article Article No. ARTICLE I- DEFINED TERMS. ARTICLE2-PROJECT SUMMARY. ARTICLE3-COPIES OF SOLICITATION DOCUMENTS. ARTICLE: 5-SITE. ANDOTHER AREAS. ARTICLE7-QUALIFICATIONS OF RESPONDENTS. ARTICLE8- PREPARATIONOF PROPOSAL ARTICLE 9- PRE-PROPOSAL CONFERENCE ARTICLE 10- PROPOSAL SECURITY. ARTICLE 11- CONTRACT TIMES ARTICLE 12- LIQUIDATED DAMAGES. ARTICLE 13- INTERPRETATIONS AND. ADDENDA ARTICLE 14- SUBSTITUTE AND'OR-EQUAL-TEMS ARTICLE 15- SUBCONTRACTORS, SUPPLIERS, ANDOTHERS. ARTICLE 16- BASIS OF PROPOSAL; COMPARISON OF PROPOSALS ARTICLE 17- SUBMITTAL OF PROPOSAL. ARTICLE 18- MODIFICATION, AND WITHDRAWAL OF PROPOSAL. ARTICLE 19- OPENING OF PROPOSALS ARTICLE 20- PROPOSALS TO REMAIN: SUBJECTTO ACCEPTANCE. ARICIEZ-EVALUATON OF ROPOSALSANDAWARD: OF CONTRACT. ARTICLE22- CONTRACT SECURITY ANDI INSURANCE ARTICLE:23- SIGNING OF AGREEMENT. ARTICLE 24- CONTRACTS TO BE ASSIGNED ARTICLE25- RETAINAGE. ARTICLE 26- SALES ANDI USE TAXES ARTICLE27- RIGHT TO AUDIT. ARTICLE28-FORMAT OF PROPOSAL. ARTICLE1 -DEFINED TERMS ARTICLE4- COMMUNICATION DURING! SOLCITATONLOBBYNG PROHIBITION. ARTCIE6EAMINATONO: SOLICITATION DOCUMENTS, OTHER RELATED DATA, AND SITE... 4 10 10 12 13 13 14 14 14 14 1.01 Terms used in these Instructions to Respondents have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Respondents have the meanings indicated below: A. Owner- - Taylor County Board ofCounty Commissioners, Taylor County, Florida. B. Issuing Office--The office from which the Solicitation Documents are to be issued and where the RFP procedures are to be administered. The issuing office for this project willl be the Taylor County Clerko ofCourts located at 151 Floor Courthouse, 108 N. Jefferson St., Suite 102, Perry. FL. Request for Proposal procedures will be administered att the Taylor County Administrative Complex locatedat. 201 East Green St., Perry, FL. Respondent-- One who submits al Proposal directly to Owner as distinct from a sub-bidder, who submits a bid to Respondent. For purposes of this solicitation, Respondent shall be a Desigm/Builder Firm. D. Successful Respondent-The lowest, responsible and responsive Proposal in the best interest oft the Owner to whom Owner (on the basis ofOwner'se evaluation as hereinafter provided): makes an award. E. Professional services - Those services within the scope of the practice of architecture, professional engineering, landscape architecture, or registered surveying and mapping, as defined' by the lawso oft the state, Copyright g 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Modified Form EJCDC C-200 00200-1 Taylor County Fire- - Station 2 2020-003-ENG or those performed by any architect, professional engineer, landscape architect, or registered surveyor and F. Firm Any individual, firm, partnership, corporation, association, or other legal entity permitted by law to mapper in connection with his or her professional employment or practice. practice architecture, engineering, or surveying and mapping in the state. G. Design/Builder Firm A partnership, corporation, or other legal entity that: a. Iscertified under Section 489.119, Florida Statutes, to engage in contracting through a certified or b. Iscertified under Section 471.023, F.S. toj practice or to offer to practice engineering; certified under Section 481.219, F.S., to practice or to offer to practice architecture; or certified under Section registered general contractor as the qualifying agent; 481.319F.S., to practice or to offer to practice landscape architecture. H. Design/Builder Contract A single contract with al Design/Builder Firm for the design and construction ofa Design Criteria Package - Concise, periormance-orented drawings or specifications of the public construction project. The purpose ofthe design criteria package is to furnish: sufficient information to permit Design/Builder Firms to prepare a bid or a response to an agency's Request for Proposal, or to permit an agency to enter into a negotiated Design/Builder contract. The Design Criteria Package must specify performance-based criteria for the public construction project to include when applicable, the legal description of the site, survey information concerning the site, interior space requirements, material quality standards, schematic layouts and conceptual design criteria of the project, cost or budget estimates, design and construction schedules, site development requirements, provisions for utilities, stormwater retention and J. Design Criteria Professional - A Firm who holds a current certificate of registration under Chapter 481, Florida! Statutes, to practice architecture or landscape architecture or ai firm whol holds a current certificate as ar registered professional engineer under Chapter 471,F.S., to practice engineering and who is employed by or under contract to the agency for the providing of professional architect services, landscape architect services, or engineering services in connection with the preparation ofthe Design Criteria Package. public construction project. disposal, and parking requirements applicable to the project. ARTICLE2 -PROJECT SUMMARY 2.01 Owner is requesting Statements ofQualifications and Proposals from experienced Design/Builder Firms for the delivery and furnishing ofa all necessary programming, materials, labor, equipment and professional services for the design, permitting and construction ofthe Taylor County Fire - Station 2 Facility in Perry, FL. 2.02 The Design Criteria Package (Attachment A) sets forth the requirements for this project. 2.03 The intent of this solicitation is to select a Design/Builder Firm to design and construct the Taylor County Fire - Station 2 Facility using the processes prescribed by $287.055, Florida Statutes (Competitive Consultants 2.04 The successful Design/Builder Firm shall consist of Florida-licensed General Contractors, Architects, and Engineers, all with experience in design and construction ofmulti-use facilities ofsimilar size and scope to that defined in the attached! Design Criteria Package and successi in completing related projects that were governed by a Guaranteed Maximum Price (GMP). The successful Design/Builder Firm shall also possess the necessary LEED (Leadership in Energy and Environmental Design) credentials to incorporate LEED methodologies but not secure certification. 2.05 Owner will use al Design-Build process for the delivery of design and construction services for this project. AI Design Criteria Professional (DCP), was not used to assemble and prepare the attached Design Criteria Package Negotiation Act). Modified Form EJCDC C-200 00200-2 Copyright O: 2002 National Society of Professional Engineers for EJCDC. All rights reserved. L Taylor County Fire Station2 2 2020-003-ENG for this project. As a matter of law, a DCP used to prepare a Design/Build package is precluded from being a participant in the Design-Build phase of that project. That prohibition also extends to all architectural, engineering, environmental, geotechnical, survey or other subconsultants of the DCP, which were used in the preparation of the 2.06 Owner intends to select one (I) highly qualified Design/Builder Firm for design and construction of this subject Design Criteria Package. project. ARTICLE3 COPIES OF SOLICITATION DOCUMENTS Advertisement or Solicitation may be obtained from thel Issuing Office. 3.01 Complete sets of the Solicitation Documents in the number and for the deposit sum, if any, stated in the 3.02 Complete sets ofSolicitation Documents shalll be usedi inj preparing Proposals; neither Owner nor Issuing Office assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Solicitation 3.03 Owner or Issuing Office, in making copies of Solicitation Documents available on the above terms, do SO only fort thep purpose ofo obtaining Proposals for the' Work and do not confer a license or grant for any other use. ARTICLE4 COMMUNICATION DURING SOLICITATION/LOBBYING Documents. PROHIBITION 4.01 Communicating with or lobbying of evaluation committee members, County government employees, or elected officials (including County Commissioners) regarding Requests for Proposals, Requests for Qualifications, Bids, or Contracts by the Respondents or any member of the Respondent's staff, an agent oft the Respondent, or any person employed by any legal entity affiliated with or representing an organization that is responding to the Requests for Proposal, Requests for Qualification, Bid or Contract outside a publicly noticed meeting specifically called to address this particular Solicitation is strictly prohibited. Nothing herein shall prohibit a prospective Respondent from contacting the County Engineer to address concerns or grievances, or receive clarification about a particular 4.02 For purposes of this provision lobbying activities shall include, but not be limited to, influencing or attempting toi influence action or non-action in connection with any Requests for Proposals, Requests for Statements of Qualifications, Invitations for Bids, related processes or Contracts through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any Proposal, Statement ofQualification, Bid, Contract or any other response to be rejected. procurement. ARTICLES -S SITE AND OTHER AREAS 5.01 The Sitei isi identifiedi int the Solicitation Documents. Easements forp permanent structures or permanent changes ine existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Solicitation Documents. Alla additional lands and access thereto required for temporary construction facilities, construction equipment, or storage ofmaterials and equipment tol bei incorporated in the Work are to be obtained and paid for by Successful Respondent. Modified Form EJCDC C-200 00200-3 Copyright 0: 20021 National Society of Professional Engineers for EJCDC. All rights reserved. Taylor County Fire - Station2 2 RELATED DATA, AND SITE 2020-003-ENG ARTICLE6 - EXAMINATION OF SOLICITATION DOCUMENTS, OTHER 6.01 Onr request, Owner will provide Respondents access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Respondent deems necessary for submission ofa Proposal. Respondent shall fill all holes and clean upa andi restore the Sitet toi its former condition upon completion ofsuch explorations, investigations, tests, ands studies. Respondent shall comply with all applicable Laws and! Regulations relative to excavation and utility locates. 6.02 Itist the responsibility ofe each Respondent before submitting a Proposal to: 6.02.1 examine and carefully studyt the Solicitation Documents, the other related datai identifiedi ini thel Request 6.02.2 visit the Site and become familiar with and satisfy Respondent as to the general, local, and Site 6.02.3 become familiar with and satisfy Respondent as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance oft the Work. Lack ofl knowledge by the Respondent willi in no 6.02.4 carefully study all:(I)reports ofexplorations andt tests ofsubsurface conditions at or contiguous tot the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions, and (2) reports and drawings ofHazardous Environmental Conditions at the Site which have been 6.02.5 obtain and carefully study (or accept consequences of not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Undergroundl Facilities) at or contiguous to the Site which may affect cost, progress, or performance ofthe Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by a Respondent, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Solicitation Documents, and safety 6.02.6 agree at the time ofs submitting its Proposal that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination ofi its Proposal for performance of the Work at the price(s)p proposed and within thet times andi in accordance with the other terms and conditions ofthe Solicitation 6.02.7 become aware oft the general nature of the work to be performed by Owner and others at the Site that 6.02.8 correlate the information known tol Respondent, information and observations obtained from visits to the Site, reports and drawings identified in the Solicitation Documents, and all additional examinations, 6.02.9 promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Respondent discovers in the Solicitation Documents and confirm that the written resolution thereof by 6.02.10 determine that the Solicitation Documents are generally sufficient to indicate and convey For Proposals Documents, and any Addenda; conditions that may affect cost, progress, and performance ofthe Work; way be a cause for relief from responsibility; identified in the Supplementary Conditions; precautions and programs incident thereto; Documents; relates tot the Work asi indicated int the Solicitation Documents; investigations, explorations, tests, studies, and data with the Solicitation Documents; Engineer/Architect is acceptable tol Respondent; and understanding ofall terms and conditions for the performance ofthe Work. Modified Form EJCDC C-200 00200-4 Copyright o: 20021 National Society ofProfessional Engineers for EJCDC. All rights reserved. L Taylor County Fire- - Station 2 2020-003-ENG 6.03 Thes submission ofal Proposal will constitute ani incontrovertible representation' by Respondent that Respondent has complied with every requirement oft this Article 6,1 that without exception the Proposal is premised upon performing and furnishingt the Work required by the Solicitation Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Solicitation Documents, that Respondent has given Engineer written notice ofall conflicts, errors, ambiguities, and discrepancies that Respondent has discovered int the Solicitation Documents andt the written resolutions thereof by Engineer are acceptable to Respondent, and that the Solicitation Documents are generally sufficient toi indicate and convey understanding ofall terms and conditions for performing and furnishing the Work. ARTICLE7 QUALIFICATIONS OF RESPONDENTS 7.01 To demonstrate Respondent's qualifications to perform the Work, Respondents shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called forb below. 7.01.1 Valid Business/Contractor Licensing/Regstration Information 7.01.2 The successful Contractor and any subcontractors shall enroll in and be in compliance with the Department of Homeland Security's E-Verify Employment Eligibility Verification system prior to contract 7.01.3 Certification that Respondent is not currently debarred from submitting bids, proposals or other responses for contracts issued by any political subdivision or agency of the State of Florida and that Respondent is not an agent ofa person or entity that is currently debarred from submitting such responses 7.01.4 By responding to this request, Respondent certifies that to the best of! his/her knowledge or belief, noelected/appointed. official ore employee ofOwneri is financially interested, directly ori indirectly, int the offer 7.01.5 A person or affiliate who has been placed on the convicted vendor list following a conviction fora public entity crime may not submit a response to provide any goods or services to a public entity for the construction or repair ofap public building or public work, may not submit response forl leases ofr real property toa a public entity, may not! be awarded or perform work as a contractor, supplier, subcontractor, or consultant undera a contract with any publice entity in excess ofthe threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for aj period of thirty-six (36) months from the date of being placed on the convicted vendor list. Additionally, a conviction ofa publice entity crime may form the basis for ther rejection ofal bid, offer, or proposal by the County, or for termination ofa contract with the County. The County may make inquiries regarding alleged convictions ofp public entity crimes at any time. The unreasonable failure ofa Respondent to promptly supply information in connection with any such inquiry shall be adequate execution. for contracts issued by any subdivision or agency ofthe State ofFlorida. ofservices specified in this request. grounds for rejection ofa bid, offer, or proposal, or for termination ofa contract. ARTICLE8 - PREPARATION OF PROPOSAL 8.01 The Proposal Form is included with the Solicitation Documents. Additional copies may be obtained from the 8.02 Owner accepts no responsibility for any expense incurred by al Respondenti int the preparation and/or presentation 8.03 Alll blanks on thel Proposal Form shall be completed by printing ini ink or by typewriter and the Proposal signed inir ink. Erasures or alterations shall be initialed in ink by the person signing the Proposal Form. A Proposal shall be Issuing Office. ofaresponse. Such expenses shall be borne exclusively by the Respondent. Modified Form EJCDC C-200 00200-5 Copyright O 20021 National Society of Professional Engineers for EJCDC. All rights reserved. Taylor County Fire Station 2 2020-003-ENG indicated for each [section, Bid item, alterative, adjustment unit price item, and unit price item] listed therein, or the 8.04 The person(s) signing a Proposal must certify under oath that the information contained in the response is true and accurate. Each Respondent understands, by submitting a response that Owner will rely in part on such certification in selecting the short-listed Firms/Teams. Failure to submit required documentation with the Proposal or within 241 hours ofa request made by Owner may be the basis for rejection oft the response. Such documents must be effective. as of the date of the response. When applicable, short-listed Design/Builder Firms/Teams will be required to show evidence ofh having filed with the State of Florida for registration of their Design/Builder Firm/Team within 8.05 Al Proposal by a corporation shall be executedi int the corporate name by the president ora vice-president or other corporate officer accompanied by evidence ofauthority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state ofi incorporation shall be shown below the signature. Corporations must include a duly executed certificate ofstatus from the Florida Department of State. 8.06 A! Proposal by a partnership shall be executed in the partnership name and signed by aj partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall 8.07 A Proposal by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence ofauthority to sign. The: state of formation ofthe firm and the official address ofthe firm shall be shown below the signature. Al Limited Liability Company musti include a duly executed certificate of status from the words "No Bid," "No Change," or "Not Applicable" entered. 15 days ofannouncement of the short list. be shown below the signature. Florida Department of State. 8.08 Al Proposal by an individual shall show the Respondent' t's name and official address. 8.09 A Proposal by aj joint venture shall be executed by each joint venturer in the manner indicated on the Proposal Form. Any existing written underlyingJ joint venture agreements must be included as part ofthe response. A cover letter may satisfy the signature requirements. The official address oft the joint venture shall be shown below the signature. 8.11 The Proposal shall contain an acknowledgment ofr receipt of all Addenda, the numbers of which shall be filled 8.12 The address and telephone number for communications regarding the Proposal shall be shown. 8.13 The Proposal shall contain evidence of Respondent's authority and qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract. Respondent's state 8.14 Principal or key personnel identified in the response may not be substituted without prior written approval of Owner. Replacements for key personnel under contract must have equivalent professional qualifications and experience as those individuals listed in the response. Approval of substituted personnel will not be unreasonably 8.15 Respondents shall be considered to be acting as independent contractors and as such shall be wholly responsible for the work to be performed and for the supervision ofi its employees. Respondents represent that they have, orv will secure at their owne expense, all personnel required inj performing the services under this agreement. Such personnel shall not be employees of, or have any individual contractual relationship with Owner. 8.10 All names shall be typed or printed in ink below the signatures. in on the Proposal Form. contractor license number, ifany, shall also be shown on the Proposal Form. withheld by Owner. ARTICLE9 -] PRE-PROPOSAL CONFERENCE Modified Form EJCDC C-200 00200-6 Copyright 02002 National Society of Professional Engineers for EJCDC. All rights reserved. t Taylor County Fire- - Station 2 2020-003-ENG AI Pre-Proposal conference will notb be scheduled fort this Solicitation. Respondents shalls submit all requests for additional information and clarification in writing by email to Owner at countyemgimer@taylorcountygov.com by 5:00. P.M. local time on Friday,January: 31,2024. Owner willy post ont the Project Web site and transmit to all known prospective Respondents ofrecord such Addenda as Owner considers necessary in response to questions arising from such requests on Wednesday, February 5, 2024. Oral statements! may not be relied upon and will not be binding or legally effective. ARTICLEID-PROPOSAL SECURITY 10.01 Proposal security willl be required fort this project from short-listed Design/Builder Firms. 10.02 When required, Al Proposal must be accompanied by Proposal security made payable to Owneri in an amount of Five percent (5%) of Respondent's maximum Proposal price andi int the form ofa certified check or bank money order or aBid bond (ont the form attached)issued by as surety meeting the requirements ofParagraphs: 5.01 and 5.02 ofthe General 10.03 The Proposal security oft the Successful Respondent will be retained until such Respondent has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon thel Proposal security will be returned. Ifthe Successful Respondent failst to execute and deliver the Contract Documents and furnish the required contract security within 15 days after thel Notice of Award, Owner may annul the Notice of Award and the Proposal security of that Respondent will be forfeited. The Proposal security of other Respondents whom Owner believes tol have a reasonable chance ofreceivingt the award may be retained by Owner until thee earlier ofseven days after the Effective Date oft the Agreement or 61 days after the Solicitation opening, whereupon 10.04 Proposal security of other Respondents whom Owner believes do not havear reasonable chance ofr receiving the Conditions. Proposal security furnished by such Respondents willl be returned. award will be returned within seven days after the Solicitation opening. ARTICLEII-CONTRACT TIMES for final payment are: set forthi int the Agreement. 11.01 The number of days within which, or the dates by which, the Work is to be substantially completed and ready 11.02 Substantial Completion is expected no later than 200 days from the date contract time commences. Final Completion shall be no later than 10 days after the required date of Substantial Completion for a total of 210 days (calendar). A separate proposed term for project design will be considered as part of evaluating proposals submitted from the short-listed firms. ARTICLE12-LIQUIDATED: DAMAGES 12.01 Provisions for liquidated damages, ifany, are set forth in the Agreement. ARTICLE B-INTERPRETATIONS AND. ADDENDA 13.01 All questions about thei meaning ori intent of the Solicitation Documents are tol bes submitted to Owneri in writing. Interpretations or clarifications considered necessary by Owner ini response to such questions willl be issued by Addenda mailed or deliveredi to all parties recorded by Owner asl having received the Solicitation Documents. Questions received less than the date indicated or ten (10) days prior to the date for opening ofF Proposals ifnots stated, may not be answered. Modified Form EJCDC C-200 00200-7 Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Taylor County Fire- Station2 2020-003-ENG Only questions answered by Addenda will be binding. All such addenda shall become part of the solicitation and resulting contract documents. Oral and other interpretations or clarifications willl be without legal effect. 13.02 Addenda may also be issued to clarify, correct, or change the Solicitation Documents as deemed advisable by 13.03 Respondents must acknowledge receipt of all amendments (addenda) tot the Solicitation in their response. The acknowledgement should be included within thel Design/Builder Proposal received by Owner no later than the date and 13.04 In the event of conflicting provisions within the Solicitation Documents and/or Contract Documents, Respondents agrees that the more restrictive requirement or provision as determined by the Owner shall prevail and be Owner or Engineer/Architect. time prescribed and at the place indicated in the Solicitation Documents. binding. ARTICLE14-SUBSTITUTE AND OR-EQUALITEMS 14.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Solicitation Documents without consideration of possible substitute or "or-equal" items. Whenever it is specified or described in the Solicitation Documents that a substitute or "or-equal" item of material or equipment may be furnished or used by Contractor if acceptable to Owner, application for such acceptance will not be considered by Owner or Engineer/Architect until after the Effective Date ofthe Agreement. ARTICLE1-SUBCONTRACTORS, SUPPLIERS, AND OTHERS 15.01 Respondents shall identity Subcontractors, Suppliers, individuals, or entities proposed for any portion(s) oft the Work. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity ifr requested by Owner. If Owner or Engineer/Architect, after due investigation,' has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before thel Notice of Awardi is given, request apparent Successful Respondent to submit 15.02 Ifapparent Successful Respondent declines to make any such substitution, Owner may award the Contract to ther next lowest Proposal that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture ofthel Proposal security ofany Respondent. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer/Architect makes no written objection prior to the giving of thel Notice of Award will be deemed acceptable to Owner subject to revocation of such acceptance after the! Effectivel Date ofthe Agreement as provided in Paragraph 6.06 oft the General Conditions. 15.03 Respondents shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom 15.04 Respondents shall not award work to Subcontractor(s) in excess of 50% oft the Contract Price, without prior 15.05 Respondents shall provide proof of current Subcontractor licensure in the related trade category for the work they are proposed to perform. Further, all proposed Subcontractors shall be required to meet the same insurance requirements as that required fort the Respondent either through an employee relationship or separate coverage.. Failure to provide proofofcurrent! licensure and/or insurance willl be considered: a violation of contract terms and conditions and asubstitute, without ani increase in the Proposal. Respondent has reasonable objection. written approval oft the Owner. resulti int termination ofaward. Modified Form EJCDC C-200 00200-8 Copyright O: 2002 National Society of Professional Engineers for EJCDC. All rights reserved. C Taylor County Fire - Station2 2 2020-003-ENG ARTICLE 16- BASIS OF PROPOSAL; COMPARISON OF PROPOSALS 16.01 To minimize the Respondent's costs associated with preparing and submitting responses, this Solicitation involves two (2) distinct steps. Proposals will be received and reviewed in the following manner: 16.01.1 Qualifications. This step will involve the submission and evaluation of qualification information. The focus oft this request is to solicit information to identify the best qualified firms for the subject scope of work. Owner intends to select (short-list)t the best qualified firms for the subject scope ofwork, based on1 the qualificationi information providedi inr response to this Solicitation. Owner reserves ther right tos short-list firms based on thei information provided in thei initial responses without requiring presentations. 16.01.2 Proposals. This step will involve the submission and evaluation of comprehensive priced proposals by selected (short-listed) qualified firms. In this step, Owner intends to solicit priced project proposals from only the selected (short-listed) firms from the first step. The priced proposals will identify a firm project schedule, Guaranteed Maximum Price (GMP) for all design and construction work, concept renderings, and other project-specific details. Ifi in the event this results in only one firm, then the process will continue as prescribed. Anticipated Timeline Phase 1 (Qualifications) Submission Board Receipt/Review Phase 1 Shortlist Recommendation Phase 2 (GMP) Submission BOCC Receipt/Review Phase 2 Phase 2(GMP)A Award Recommendation February 14, 2025 February 18, 2025 March. 3,2025 April4 14,2025 April7,2025 April2 22,2025 16.02 After review of the proposals and hearing presentations (if necessary) it is Owner'si intent to negotiate and award a Design/Builder contract to the best qualified Respondent that offers a proposal that is deemed to be in the Owner's best interest and represents the best value, subject to approval by the Taylor County Board of County 16.03 Respondents will be evaluated on the following criteria. Design/Builder Firms submitting a response may be required to give an oral presentation to the Board of County Commissioners or a Board designated Selection Committee. A request for an oral presentation shall in no way constitute acceptance or imply that an agreement is pending. The following criteria are equal in weight and will be considered accordingly. The criteria will be the basis Commissioners. for review oft the responses, short-listing, interviews ands selection. 16.03.1 Qualifications ofp project Design/Builder Firm/Team (specifically parties responsible for design and construction) who willl be engaged to work directly with Owner; 16.03.2 Relevant experience with similar facilities; 16.03.3 Relevant Design-Build experience in Florida; 16.03.4 Past performance with respect to construction and budget management; and 16.03.5 Understanding of local design and construction costs. 16.04 A Respondent may be required before the award of any contract to show to the complete satisfaction of Owner that it has the necessary facilities, ability and financial resources to provide the service specified therein in a satisfactory manner. In addition to the above criteria, Owner will also consider past work history and references. Because Owner will make reasonable investigations to determine the ability of the firm to perform the work, the Respondent must furnish the related information when requested. Owner reserves the right to reject any response if the evidence submitted by, or investigation of, the Respondent, assigned personnel, and uhcomulamsuboniacons Modified Form EJCDC C-200 00200-9 Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Taylor County Fire- Station2 2 2020-003-ENG fails to satisfy Owner that a particular firm is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation ofthe Respondent's qualifications shall include: 16.04.1 The ability, capacity, skill, and financial resources to perform the work or provide the service 16.04.2 The ability of the Respondent and assigned subconsultants to perform the work or provide the 16.04.3 The character, integrity, reputation, judgment, experience, and efficiency oft the Respondent; and required; service promptly or within the time specified, without delay or interference; 16.04.4 The quality of performance of previous contracts or services. ARTICLE17-SUBMITTAL OF PROPOSAL 17.01 Proposals shall be submitted no later than the date and time prescribed and at the place indicated in the Solicitation Documents and shall be enclosed in an opaque sealed envelope plainly marked with the Project title (and, if applicable, the designated portion of the Project for which the Proposal is submitted), the name and address of Respondent, and shall be accompanied by the Proposal security (when required) and other required documents. Ifa Proposal is sent by mail or other delivery system, the sealed envelope containing the Proposal shall be enclosed in a separate envelope plainly marked on the outside with the notation "Taylor County Fire A Station 2." Hand Deliveries and mailed Proposals shall be addressed to Clerk ofCourt, Ist Floor Courthouse, 1081 North Jefferson Street, Suite 102, Perry, Florida 32347. Proposals submitted by Overnight delivery shall be delivered to thep physical address ofthe Clerk ofCourt: Clerk ofCourt, Ist Floor Courthouse, 1081 North. Jefferson Street, Suite 102, Perry, Florida 32347. 17.02 The Taylor County Board of County Commissioners DOES NOT ACCEPTE FAXED PROPOSALS. 17.03 Proposals that are not delivered to the place indicated in the Advertisement or Request for Proposals prior to the date and time prescribed shall not be considered and will be returned to the responder unopened. 17.04 Incomplete Proposals that dor not provide the required information and/or the required number of copies, may be deemed incomplete by Owner and not considered during the Proposal Evaluation. ARTICLE 18-MODIFICATION. AND WITHDRAWAL OF PROPOSAL 18.01 A Proposal may be modified or withdrawn by an appropriate document duly executed in the manner that a Proposal must be executed and delivered to the place where Proposals are to be submitted prior to the date and time for 18.02 Once opened, no Proposal may be withdrawn prior to the Taylor County Board of County Commissioners 18.03 Any personnel changes in a short-listed Design/Builder Firm, after the submission of the response to this request, could result in reconsideration of the scoring of applicable evaluation criteria. Any changes in a short-listed Firm should be brought to the attention of Owner as soon as possible after the change is made. The changes, the reasons for the changes, and resumes for the individuals being substituted, must be submitted, prior to oral presentations, to Owner. Reconsideration may result in changes to the short-listing or rankings. the opening of Proposals. action without written consent of the Clerk ofCourt. ARTICLE 19- OPENING OF PROPOSALS Modified Form EJCDC C-200 00200-10 Copyright O: 20021 National Society of Professional Engineers for EJCDC. All rights reserved. Taylor County Fire- - Station 2 2020-003-ENG 19.01 Proposals will be opened att the time and placei indicated in the Solicitation or Request for Proposals and, unless obviously non-responsive, read aloud publicly. An abstract oft the amounts ofthe! base Proposals and major alternates, if any, will be made available tol Respondents after the opening of Proposals. ARTICLE 20-PROPOSALS? TO REMAIN SUBJECT TO ACCEPTANCE 20.01 All Proposals will remain subject to acceptance for the period of time stated in the Proposal Form, but Owner may, in its sole discretion, release any Proposal and return the Proposal security prior to the end ofthis period. ARTCLEI-IYALVATON OF PROPOSALS AND AWARD OF CONTRACT 21.01 Owner reserves the right, in its sole and absolute discretion, to reject any or all Proposals, to cancel or withdraw this solicitation at any time and waive any irregularities in the solicitation process. Owner reserves the right to award any contract tot the respondent which it deems to offer the best overall service; therefore, Owner is not bound to award any contract based on the lowest quoted price. Owner, in its sole and absolute discretion, also reserves the right to waive any minor defects in the process and to accept the Proposal deemed to be in Owner's best interest. 21.02 Owner, ini its sole and absolute discretion, also reserves the right to amend or modify this solicitation, revise the requirements of this solicitation, or require supplemental statements or information from any Respondent, extend the deadline for submitting responses, negotiate or hold discussions with any Respondent and to waive defects and allow corrections of deficient responses which do not completely conform to the instructions contained herein. Owner may 21.03 Owner, in its sole and absolute discretion, also reserves the right to assign a local business preference ina maximum amount of five (5) percent oft the Proposal amount pursuant to Taylor County Ordinance No. 2003-12. 21.04 More than one Proposal for thes same' Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Respondent has an interest in more than one Proposal for the Work may be cause for disqualification ofthat Respondent and thei rejection ofall Proposals in which that Respondent 21.05 In evaluating Proposals, Owner will consider whether or not the Proposals comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Proposal Form or prior to the 21.06 In evaluating Respondents, Owner will consider the qualifications of Respondents and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as 21.07 Inevaluating Respondents, Owner reserves the rightt to short-list Design/Builder Firms based on the information 21.08 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Respondents, proposed Subcontractors, Suppliers, individuals, or entities to 21.09 Ifthe Contract is to be awarded, Owner will award the Contract to the Respondent whose Proposal is in the best 21.10 Owner intends to develop an agreement for the services specified herein, contingent upon the appropriation off funds. The contents ofther response submitted by the Successful Respondent, with any amendments or subsequent exercise these rights without liability to any Respondent or any other party for their expenses. has an interest. Notice of Award. provided in the Supplementary Conditions. provided in the initial responses without requiring presentations. perform the Work in accordance with the Solicitation Documents. interests of the Owner and the Project, as determined by Owner. Modified Form EJCDC C-200 00200-11 Copyright 02 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Taylor County Fire - Station 2 2020-003-ENG revisions, will become part of the resulting contract. A copy of the Standard Agreement Between Owner and Design/Builder on the Basis ofa Stipulated Price is included for reference. ARTICLE 22-CONTRACT SECURITY AND INSURANCE 22.01 The Successful Respondent will be required to procure, pay for, and maintain all insurance(s) listed herein, and evidenced by delivery to Owner ofa valid Certificate of Insurance with the coverage(s) and endorsement(s) required that shall remain in effect throughout the term oft the Agreement. Respondents must include such certificates with their Proposal or alternatively, include a swor statement from a licensed insurance agent, verifying that if the prospective Respondent is awarded the Proposal, a Certificate ofInsurance will be issued to the Successful Respondent within thirty (30) days ofthe acceptance of thel Proposal in the amount stated. Any Respondent who does not furnish the required insurance documents with their Proposal may not be considered. 1. Workers' Compensation, for each accident (coverage to include all employees working on the project): State a. b. C. 2. Statutory Statutory $100,000 Applicable Federal (e.g., Longshoreman's) Employer' 's Liability General Liability shall include completed operations and product liability coverages and eliminate any exclusion with respect to property under the care, custody and control ofRespondent: General Aggregate a. b. C. d. e. f $1,000,000 $1,000,000 $1,000,000 $1,000,000 Products Completed Operations Aggregate Personal and. Advertising Injury Each Occurrence (Bodily Injury and Property Damage) Property Damage liability insurance will provide Explosion, Collapse, and Under-ground coverages where applicable. Excess or Umbrella Liability 1) General. Aggregate 2) Each Occurrence $1,000,000 $1,000,000 3. Automobile Liability covering owned, hired, and non-owned vehicles to also include loading and unloading hazards: a. b. C. Bodily Injury: 1) Each person 2) Each Accident Property Damage: 1) Each. Accident Combined. Single Limit of $1,000,000 $1,000,000 S 500,000 $1,000,000 4. The Contractual Liability coverage shall provide coverage. for not less than the following amounts: a. Bodily Injury: Modified Form EJCDC C-200 00200-12 Copyright 0: 2002 National Society of Professional Engineers for EJCDC. All rights reserved. C Taylor County Fire- Station 2 2020-003-ENG $1,000,000 $1,000,000 $1,000,000 $1,000,000 1) Each. Accident 2). Annual Aggregate Property Damage: 1) Each. Accident 2). Annual Aggregate b. 22.02 Each insurance policy shall include the following conditions by endorsement to the policy: 22.02.1 Companies issuing the insurance policy, or policies, shall have no recourse against Owner for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of 22.02.2 Thet term' "Owner" or' "Taylor County" shall include all Authorities, Boards, Bureaus, Commissions, Divisions, Departments, and Offices of Owner and individual members, employees thereofi in their official 22.02.3 Each policy shall require that thirty (30) days prior to expiration, cancellation, nonrenewal, or any material change in coverages or limits, ar notice thereof shall be given to Owner by certified mail to: Taylor County Engineering Department, 201 East Green Street, Perry, FL 32347. Respondents shall also notify Owner, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, nonrenewal, or material change in coverage received by said Respondent from its insurer; and nothing contained herein shall absolve Respondent of this requirement to provide notice. 22.02.4 Taylor County Board ofCounty Commissioners: shall be endorsed to the required policy or policies 22.02.5 The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by Owner to any such future coverage, or to Owner's self-insured retentions of whatever nature. 22.03 Any Respondent, who is unable to furnish the required insurance documents prior to execution ofa contract and priort to the time the Design/Builder Firm/Team is entitled to commence any part oft the project, is hereby advised that the Proposal willl be givent to the next lowest respondent who meets all proposal specifications. 22.04 Workers' Compensation exemptions will be accepted upon providing a current certificate, Articles of Incorporation, and a signed Taylor County Workers" Compensation Hold Harmless Agreement. Respondent. capacities, and/or while acting on behalfofTaylor County. as an Additional Named Insured". ARTICLEZ3-SIGNING OF AGREEMENT 23.01 When Owner gives a Notice of Award to the Successful Proposal, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, Successful Respondent shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within ten days thereafter, Owner shall deliver one fully signed counterpart to Successful Respondent. ARTICLE 24- CONTRACTS TO BE. ASSIGNED 24.01 Owner as "buyer" will execute a contract with the successful Respondent as "seller" for the procurement of goods and special services for the Taylor County Fire -Station 2. The materials and equipment provided for in the procurement contract are tol be furnished and delivered to the Site [or other location] fori installation by Design/Builder Modified Form EJCDC C-200 00200-13 Copyright 0: 20021 National Society of Professional Engineers for EJCDC. All rights reserved. Taylor County Fire- - Station2 2 2020-003-ENG Firm. The said procurement contract willl be assigned by Owner tol Design/Builder Firm ass set forth in the Agreement. Design/Builder Firm will accept the assignment and assume responsibility for the "seller", who will become a 24.02 The Design/Builder Firm shall nota assign, transfer, convey, sublet, or otherwise dispose ofany award or any orall ofi its rights, title, ori interest therein, or delegate the duties hereunder without the prior written consent ofOwner. Subcontractor to Design/Builder Firm. ARTICLE 25-RETAINAGE 25.01 Provisions concerning Contractor's rights to deposit securities in lieu of retainage are set forth in the Agreement. ARTICLE76-SALES AND USE TAXES 26.01 Owner is exempt from payment ofsales and compensating use taxes oft the State of Florida and of cities and counties thereof on all Owner Direct Purchased: materials ande equipment to! be incorporated into the Work. Said taxes for such items shall not be included in the Proposal. Respondent purchases are not eligible for this exemption and such costs shall be accounted for within the Proposal. 26.01.1 Owner will furnish the required certificates oftax exemption to Respondent for use in the purchase 26.01.2 Owner's exemption does not apply to supplies, materials, or construction tools, machinery, equipment, or other property purchased by or leased by Respondent, or to supplies or materials not ofDirect Purchased: supplies and materials tol be incorporated into the Work. incorporated into the Work. ARTICLE 27 - RIGHT TO AUDIT 27.01 Design/Builder Firm shall maintain suchi financial records and other records ast they relate to the purchase of goods and services by Owner from the successful! Respondent. The Design/Builder Firm shall retain these records for aj period ofthree (3)years after final payment, or until they are audited by Owner, whichever event occurs first. These records shall be made available during the term of the contract and the subsequent three (3) year period for examination, transcription, and audit by Owner, its designees, or other authorized bodies. ARTICLE 28-FORMAT OF PROPOSAL 28.01 The Phase 1 Proposal responses must address each oft the following items and must be organized in the same manner. Again, this information will be used to identify the best qualified Design/Builder Firms from which comprehensive price proposals will be requested. Only the best qualified, short-listed firms will be asked to 28.02 QUALIFICATIONS OF THE DESIGN BUILD FIRM/TEAM (Must be included for both Team members) 28.02.1 Attach resumes for key personnel of thel Firm/Team, detailing qualifications and past experience as itr relates to similar types of projects. Information will include name ofi individual and where the individual submit price proposals. willl be located during the project. All professionals of record will bei included. Modified Form EJCDC C-200 00200-14 Copyright O: 2002 National Society of Professional Engineers for EJCDC. All rights reserved. T Taylor County Fire -Station2 2 responsibilities. design services. 2020-003-ENG 28.02.2 Provide a short narrative on each Firm/Team component or position describing its function and 28.02.3 Submit separate organizational charts delineating personnel assigned to both construction and 28.02.4 Valid Business/Contractor Licensing/Regstration Information 28.02.5 Public Entity Crimes Affidavit, signed and notarized, as required by Chapter 287.133(3)(a) 28.02.6 Completed Non-Collusion Affidavit 28.02.7 Completed Drug-Free Workplace Form 28.02.8 Completed Truth Inl Negotiation Certification 28.03 WORK EXPERIENCE 28.03.1 Respondent shall identify and describe five (5) completed projects, where the offering Firm/Team 28.03.2 Respondent shall identify and describe five (5) completed similar projects with similar scope of 28.03.3 Information for the above-identified projects musti include: (1)client'sn name and address; (2) contact person; (3) telephone number; (4) original project estimate; (5) actual project cost; (6) original schedule (start/completion dates); and (8) summary of major issues and change orders. Client contact information performed in the Design/Builder capacity. work, magnitude and complexity. The may be the same as in 28.03.1. must be current and accurate. 28.04 BONDING AND INSURANCE 28.04.1 A public construction bond (performance and payment bonds) and substantial insurance will be required of thes successful Firm/Team prior to commencing any work (design or otherwise). 28.04.1.1 28.04.1.2 28.04.1.3 Bid Bond (5%)-S Short-listed Firms Performance Bond - Successful Respondent Payment Bond - Successful Respondent 28.04.2 Respondent must provide clear evidence of the ability to secure adequate insurance including, but not limited to, Workers" Compensation, Comprehensive General Liability, Builder's Risk, and Professional Liability including Errors and Omissions. Insurance must be written by an insurer authorized to do business in the State ofFlorida and also have an "A" policyholder's rating and a financial rating ofat least Class VIII in accordance with the most current Best's Key Rating Guide. All project applicable coverages must list Taylor County as an "Additional Insured" prior to contract execution. 28.04.2.1 28.04.2.2 28.04.2.3 Certificates ofLiability Insurance or Agency Statement Declaration Page from Workers' Compensation Insurance or Exemption Certificate Workers' Compensation Hold Harmless Agreement (Required when submitting a issued by the State W.C. exemption) Modified Form EJCDC C-200 00200-15 Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Taylor County Fire - Station 2 2020-003-ENG 28.05 PROJECT APPROACH AND ABILITY TO PROVIDE DESIGN-BUILD SERVICES ON- SCHEDULE AND WITHIN BUDGET 28.05.1 Provide briefoverview: ofFirm/Team: andl historyofthes same. Describe your Fim/Team'sapproach to project and its ability to furnish services through a narrative. Describe the various phases ofthe project. Describe the organization of the Desig/Builder Firm/Team and specific responsibilities of Firm's/Team's 28.05.2 Indicate ifservices will be provided by applicant or by subconsultant Firm/Team. When services aret tol be! provided by subconsultant Firm/Team, include subconsultant Firm's/Team'sr name ands specify what and members of the same. services willl be provided, value of work and percentage oft total project work. 28.05.3 Briefly describe your Quality Assurance/Quality Control Program. 28.05.4 Provideas short narrative outlining how you propose to manage the projecti in order to meet schedule 28.05.5 Indicate the controls to be utilized to maintain both schedule and budget for this project. 28.05.6 Describe how personnel willl be assigned and tasks effectively handled in order to provide the most efficient services on the project during both the design and the construction phases of the project. 28.05.7 Describe the current workload andy your daily ability tol handle the scope of services. 28.05.8 Provide a graphic representation of your current commitment over the next year period for key 28.05.9 Provide preliminary schedule outlining implementation of this project from Notice to Proceed through final completion. Include specifics for continued use of facility, indicating limited periods where 28.05.10Provideas statement ofyour interest toi involve local participation and yout teams geographic location and budget requirements. members oft the project Firm/Team. portions oft the facility will be inaccessible for public access/usage. tot this project. 28.06 CONSTRUCTION AND BUDGET MANAGEMENT 28.06.1 Respondent shall provide a description of the systems that will be employed to ensure quality and control costs. Respondent shalli include a discussion ofhow non-owner, generated construction change orders willl be minimized. 28.07 LEGAL. AND CONTRACT CHALLENGES 28.07.1 List by case name and case number all pending litigation in which Respondent is involved as ap party or Respondent's officers are involved as parties in their official capacity. Include cases pending in any Federal or State jurisdiction, court, commission, regulatory body or other authority having the power to determine the rights of parties appearing before it. Also list all arbitrations Respondent is involved in asa party andi include thet name, location and name & address oft the arbitrator(s) for each listing. Modified Form EJCDC C-200 00200-16 Copyright O 20021 National Society ofProfessional Engineers for EJCDC. All rights reserved. Taylor County Fire- Station 2 2020-003-ENG PROPOSAL FORM Taylor County Fire -Station 2 2020-003-ENG TABLEOF, ARTICLES Article Article No. ARTICLEI-PROPOSAL RECIPIENT ARTICLE2-RESPONDENTS ACKNOWIEDGEMENTS: ARTICLE3-RESPONDENTS REPRESENTATIONS ARTICLE4-FURTHER REPRESENTATIONS ARTICLES-BASIS OF PROPOSAL. ARTICLE6-TIME OF COMPLETION ARTICLE7-ATTATTACHMENTS TOTHIS PROPOSAL ARTICLE8-DEFNED TERMS. ARTICLE9-PROPOSAL SUBMITTAL. ARTICLE1-F PROPOSAL RECIPIENT 1.01 This Proposal is submitted to: Taylor County Board ofCounty Commissioners Clerk of Court 1" Floor Courthouse, Suite 102 108 North Jefferson St. Perry, Florida. 32347 1.02 The undersigned Respondent proposes and agrees, ifthis Proposal is accepted, to enter into an Agreement with Owneri int the form included in the Solicitation Documents to perform all Work as specified or indicated in the Solicitation Documents for the prices and within the times indicated in this Proposal and ina accordance with the other terms and conditions of the Solicitation Documents. ARTICLE2-F RESPONDENT'S. ACKNOWLEDGEMENTS 2.01 Respondent accepts all of the terms and conditions of the Instructions to Respondents, including without limitation those dealing with the disposition of Proposal security. This proposal will remain subject to acceptance for 60 days after the Solicitation opening, or for such longer period of time that Respondent may agree to in writing upon request of Owner. ARTICLE3-F RESPONDENT'S REPRESENTATIONS 3.01 Insubmitting this Proposal, Respondent represents that: A. Respondent has examined and carefully studied the Solicitation Documents, the other related data identified in the Solicitation Documents, and the following Addenda, receipt of which is hereby acknowledged. Addendum No. Addendum Date EJCDC C-410: Suggested Bid Form for Construction Contracts Copyright 02002: National Society of Professional Engineers for EJCDC. All rights reserved. 00410-1 Taylor County Fire- - Station 2 2020-003-ENG B. Respondent has visited the Site and become familiar with andi is satisfied as to the general, local and Site Respondent is familiar with and is satisfied as to all federal, state and local Laws and Regulations that D. Respondent has carefully studied all: (1): reports of explorations and tests ofsubsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in SC-4.02, and (2) reports and drawings of Hazardous Environmental Conditions that have Respondent has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance ofthe Work or which relate to any aspectofther means, methods, techniques, sequences, and procedures of construction to be employed by Respondent, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Solicitation Documents tol be employed by Respondent, and safety precautions . Respondent does not consider that any further examinations, investigations, explorations, tests, studies, ord data are necessary for the determination oft this Proposal for performance of the Work at the price(s) proposed and within the times and in accordance with the other terms and conditions ofthe Solicitation J. Respondent is aware oft the general nature ofwork to be performed by Owner and others at the Site that H. Respondent: has correlated the information! known tol Respondent, information and observations obtained from visits to the Site, reports and drawings identified in the Solicitation Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Solicitation Documents. Respondent has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Respondent has discoveredi int the Solicitation Documents, andt the written resolution thereofby Engineer The Solicitation Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance oft the Work for which this Proposal is submitted. K. Respondent will submit written evidence ofi its authority to do business in the state where the Project is conditions that may affect cost, progress, and performance of the Work. may affect cost, progress and performance oft the Work. been identified in SC-4.06. and programs incident thereto. Documents. relates to the Work as indicated in the Solicitation Documents. isa acceptable to Respondent. located not later than the date ofi its execution of the Agreement. ARTICLE 4- FURTHER REPRESENTATIONS 4.01 Respondent further represents that: A. this Proposal is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, B. Respondent has not directly or indirectly induced or solicited any other Respondent to submit a false or C. Respondent has not solicited ori induced any individual ore entity to refrain from responding; and Copyright 02002: National Society of Professional Engineers for EJCDC.. All rights reserved. organization or corporation; sham Proposal; EJCDC C-410 Suggested Bid Form for Construction Contracts 00410-2 Taylor County Fire- - Station 2 2020-003-ENG D. Respondent has not sought by collusion to obtain for itself any advantage over any other Respondent or over Owner. ARTICLE 5-BASIS OF PROPOSAL 5.01 Respondent will complete the Work in accordance with the Contract Documents for the following price(s): Taylor County Fire - Station 2: A Design-Build Improvement Project Guaranteed Maximum Price 300 Days (Design & Construction) (words) (numerals) Any and All specified cash allowances are included in the price(s) set forth above and have been computed in Respondent acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison ofProposals, and final payment for all Unit Price items will be based on actual quantities, determined as provided in Respondent also acknowledges that the award of this project or any portion thereof will be contingent upon the availabilityo of funds. Iffunding is not available to award the project ini its entirety, the Board ofCounty Commissioners reserves the right to award portions thereof so as to remain within available funding. Such partial award will not relieve the Respondent from complying with the full requirements of the awarded portions as more specifically accordance with Paragraph 11.02 ofthe General Conditions. the Contract Documents. detailed within these specifications. ARTICLE6-TIME OF COMPLETION 6.01 Respondent agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 14.07.B of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. Unless noted otherwise, Project time includes both 6.02 Respondent accepts the provisions of the Agreement as to liquidated damages in the event of failure to Design and Construction effort. complete the Work within the Contract Times. ARTICLE7-ATTACHMENTS TO THIS PROPOSAL 7.01 The following documents are attached to and made a condition of this Proposal: A. Required Proposal security in the form of B. Certificate ofLiability Insurance or Agency Statement Declaration Page form Workers' Compensation Insurance or Exemption Issued by the State of Florida D. Workers' Compensation Hold Harmless Agreement (Required when submitting a W.C. exemption) E. Public Entity Crimes Affidavit, signed and notarized, as required by Chapter 287.13303)a).F.S. F. Non-Collusion Affidavit G. Drug-Free Workplace Form EJCDC C-410 Suggested Bid Form for Construction Contracts Copyright 02002 National Society ofF Professional Engineers for EJCDC. All rights reserved. 00410-3 Taylor County Fire - Station 2 2020-003-ENG H. Truth In Negotiation Certification Valid Business/Contractor Licensing/Regstration Information Listo ofProposed! Subcontractors and portion ofwork provided(Include: Scope ofp proposed' Work, Value K. List ofP Proposed Suppliers (Include: List of! proposed supplies, Value ofsupplies, % oftotal) ofwork, % oftotal) L. List of Project References ARTICLE 8 - DEFINED TERMS 8.01 The terms used in this Request For Proposals with initial capital letters have the meanings stated in the Instructions tol Respondents, the General Conditions, and the Supplementary Conditions. ARTICLE9- - PROPOSAL SUBMITTAL 9.01 This Proposal submitted by: fRespondent is: An Individual Name (typed or printed): (Individual'ss signature) Doing business as: By: (SEAL) AF Partnership Partnership Name: By: (SEAL) (Signature ofgeneral partner - attach evidence of authority to sign) Name (typed or printed): Corporation Name: State of Incorporation: ACorporation (SEAL) Type (General Business, Professional, Service, Limited Liability): Signature - attach evidence ofauthority to sign) By: Name (typed or printed): EJCDC C-410 Suggested Bid Form for Construction Contracts Copyright 02002: National Society ofl Professional Engineers for EJCDC. All rights reserved. 00410-4 Taylor County Fire - Station: 2 2020-003-ENG Title: Attest (CORPORATESEAL) Date of Authorization to do business in FLORIDAis AJoint Venture Name of Joint Venture: First. Joint Venturer Name: (SEAL) By:. (Signature offirst) joint venture partner = attach evidence ofauthority to sign) Name (typed or printed): Title: Second Joint Venturer Name: (SEAL) By: (Signature of second joint venture partner - attach evidence ofauthority to sign) Name (typed or printed): Title: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.) Respondent's Business Address Phone No. SUBMITTED on State Contractor License No. Fax No. 20_ (Ifapplicable) EJCDC C-410 Suggested Bid Form for Construction Contracts Copyright 92 2002 National Society ofl Professional Engineers for EJCDC.Allr rights reserved. 00410-5 Taylor County Fire Station 2 2020-003-ENG SWORNSTATEMENT UNDER SECTION: 287.133(3)(a), FLORIDA! STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO. ADMINISTER OATHS. This sworn statement is submitted with Bid, Proposal or Contract No. for_ 2. This swom statement is submitted by. Whose business address is_ (Name ofe entity submitting sworn statement) and (ifapplicable) its Federal Employer Identification Number (FEIN)i is_ (ifthee entity has no FEIN, include the Social Security Number of thei individual signing this sworn statement: 3. My name is name above is_ and my relationship to the entity 4. lunderstand that a "public entity crime" as defined in Paragraph 287.133(1)g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any publice entity or with an agency or political subdivision ofany other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision ofa any other state or oft the United States andi involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. lunderstand that "convicted" or "conviction" as defined inl Paragraph 287-133(1)(b)., Florida Statutes, means af finding of guilt or a conviction ofa public entity crime, with or without an adjudication of guilt, in any federal or state trial court or record relating to charges brought by indictment or information after. July 1, 1989,asaresult tofajury verdict, nonjury verdict, nonjury trial, or entry ofa plea ofguilty or nolo contendere. 6. - lunderstand that an' "affiliate" as defined in Paragraph 287.133(1)a), Florida Statutes, means: a. A predecessor or successor ofap person convicted ofap public entity crime: or b. Ane entity under the control ofa any natural person whoi is active int the management oft the entity and who has been convicted ofa public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into aj joint venture with aj person who has been convicted ofap public entity crime in Florida during the preceding 361 months shall be considered an affiliate. 7. Tunderstand that a "person" as defined in Paragraph 287.133(1)g)e), Florida Statutes, means any natural person or entity organized under the laws of any state or the United States with the legal power to enter into abinding contract and which bids or applies to bid on contracts for the provisions ofg goods or services let by a public entity, or which otherwise transacts or applies to transact business with aj public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. Page lof2 Taylor County Fire Station 2 2020-003-ENG 8. Based on information and belief, the statement, which I have marked below, is true in relation to the entity Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, nor affiliate ofthe entity has been charged with and convicted ofa public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, share holders, employees, members, or agents who are active in management of the entity has been charged with and convicted ofa public entity crime subsequent to. July 1, 1989 AND (Please indicate which additional submitting this sworn statement. (Please indicate which statement applies) statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy ofthe final order). The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before al hearing office ofthe! State ofFlorida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department ofGeneral Services.) (Signature) (Date) STATEC OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority. (Name of individual signing) who, after first being sworn by me, affixed his/her signature in the space provided above on this day of NOTARY PUBLIC My commission expires: Page 2 of2 Taylor County Fire- - Station 2 2020-003-ENG NON-COLLUSIONAFFIDAVIT (STATE OF FLORIDA, COUNTY OFTAYLOR) being first duly sworn, deposes and says that: (1) He/She/They is/are the of (Owner, Partner, Officer, Representative or Agent) the Respondent that! has submitted the: attached Proposal; (2) He/She/They is/are fully informed respecting the preparation and contents of the attached Proposal and ofa all pertinent circumstances respecting such proposal; (3) Such Proposal is genuine andi is not a collusive or sham Proposal; (4) Neither thes said Respondent nor any ofi its officers, partners, owners, agents, representatives, employees or parties ini interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or sham proposal in connection with the Work for which the attached Proposal has been submitted; ort torefrain from Respondingi inc connection with such' Work; or have in any manner, directly ori indirectly, sought by agreement or collusion, or communication, or conference with any Respondent, firm, or person to fix any overhead, profit, or cost elements oft the proposal or ofany other Respondent, or to fix any overhead, profit, or cost elements of the Proposal or the Proposal of any other respondent, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage (5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any. collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any other of its agents, against (Recipient), or any person interested in the proposed Work; representatives, owners, employees or parties ofi interest, including this affiant. Signed, sealed and delivered in the presence of: By: Witness Witness On this the personally notary) Signature Print Name and' Title STATEC OF FLORIDA, (COUNTY OF day of appeared before me, the undersigned Notary Public of the State of Florida. and whose name(s) is/are subscribed to the within Affidavit of (Name(s) of individual(s) who appeared before Non-Collusion. and he/she/they acknowledge that! he/she/they executedi it. WITNESS my hand and official seal. NOTARY PUBLIC: SEAL OF OFFICE: Notary Public, State of Florida (Name ofN Notary Public: Print, Stamp or type as commissioned) Personally known to me,or Personal identification: Type ofl Identification Produced Did take an oath, or Did! Not take an oath. Page 1ofl Taylor County Fire- Station 2 2020-003-ENG DRUG-FREE WORKPLACE FORM The undersigned in accordance with Florida Statute 287.087, hereby certifies that does: (Name findvaPaiwCamsi 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse Give each employee engaged in providing the commodities or contractual services that are under In the statement specified in subsection (I), notify the employees that, as a condition ofworking on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer ofany conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 1893 or ofany controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is Make a good faith effort to continue to maintain a drug-free workplace through implementation of As the person authorized to sign the statement, I certify that this Individual/Business/Consultant actions that will be taken against employees for violations ofsuch prohibition. 2. violations. 3. 4. bid a copy of the statement specified in subsection (1). 5. SO convicted. this section. 6. complies fully with the above requirements. Signature Printed Name Date Corporate Title Page I of1 Taylor County Fire Station2 2 2020-003-ENG TRUTH INNECOTIATIONCERTIFICATION Pursuant to Section 287.055(5)(a), Florida Statutes, for any lump-sum or cost-plus-a-fixed fee professional services contract over the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY FOUR, the Department of Transportation (Department) requires the Consultant to execute this certificate and include it with the submittal oft the Technical Proposal, The Consultant hereby certifies, covenants, and warrants that wage rates and other factual unit cost supporting the compensation for this project'sagreement are accurate, complete, and current The Consultant further agrees that the original agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the Department determines the agreement price wasi increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such agreement adjustments shall be made within (1) year following the end of the contract. For purposes of this certificate, the end of the agreement shall be deemed to be the date of final ora as prescribed in the contract advertisement. at the time of contracting. billing or acceptance ofthe work by the Department, whichever is later. Name of Consultant By: Date Page 1ofl Taylor County Fire- Station2 2 2020-003-ENG HOLDHARMLESS. RELEASE AND INDEMNITY AGREEMENT COMESI NOW,. (Contractor), after! having obtained a State of Florida Workers' Compensation Exemption Certificate, a copy ofwhichi is attached hereto and marked Exhibit "A", andi in Consideration of Taylor County (Owner) having accepted said Worker'sCompensation exemption. and Owner having agreed for Contractor toj proceed with the following project, to-wit: Taylor County Fire - Station 2 A Design-Build Improvement Project Taylor County, Florida Contract: The intent of this contract is to include securing all programming, design, permitting, construction, labor and equipment required for the Taylor County Fire - Station 21 Project in Taylor County, Florida. This project shall include, but is not limited to, providing and performing all work necessary (i) for the design and construction oft the project, (ii) to furnish efficient design and construction administration, supervision and superintendence, and (iri) for site development tasks, permitting, regulatory matters, approvals, testing, surveying, environmental mitigation, geotechnical, traffic management, architectural, engineering, landscaping, security, exterior, structural and interior design, acoustical, lighting, construction, post-construction, accounting and control, coordination and efficient management to facilitate completion ofthe project, as more fully detailed in the Design Criteria Package. The term Contractor is hereby defined to include all Design/Builder Firm owners, managing members, employees Thet term Owneri is hereby defined toi include Taylor County Board of County Commissioners, it directors, employees, and successors contractually obligated to perform the above project. attorney(s), and designated representatives 1. Contractor hereby agrees to indemnify, hold harmless and defend Owner from any liability, claim, demand, action, cause ofaction, suit, loss, damage, expense, cost, attorney fee, settlement orj judgment as a result any injury while performing the above project. Iwill not allow anyone to subcontract andi no other person willl be allowed ont thej jobs site. Page I of2 Taylor County Fire Station2 2 2020-003-ENG 2. Contractor also hereby agrees to indemnify, hold harmless and release Owner, from any liability, claim, demand, action, cause of action, suit, loss, damage, expense, cost, settlement or judgment for any medical, dental, orthopedic, surgery or any expense as a result ofany injury on said project. 3. Contractor hereby agrees to release Owner from liability of whatever kind of nature as a result of 4. Contractor hereby agrees that venue ofa any litigation, as ai result oft this Hold Harmless Release and 5. Contractor hereby agrees that they have relied on the legal advice of an attorney and that they fully any injury on the above project. Indemnity Agreement shall be exclusively in Taylor County, Florida and the laws of the State of Florida shall govern. understand this agreement and have voluntarily executed same. DONE. AND EXECUTED this day of 20 WITNESS: STATE OF COUNTY OF Ihereby certify that on this day personally appeared before me, an officer duly authorized to administer oaths in and who executed the foregoing, and acknowledged before me that they executed the same freely and voluntarily and take acknowledgments, for the purpose therein expressed. to me well known and known to me to be the individual described Witness my hand and official seal this day of 20 NOTARY PUBLIC My Commission Expires: Accepted by Taylor County, Florida this day of 20 By. Page2of2 Taylor County Fire - Station2 2020-003-ENG PART2-CONTRACT FORMS Taylor County Fire - Station2 2 2020-003-ENG AGREEMENT BETWEEN OWNER AND DESIGN/BUILDER ON THE BASIS OF A STIPULATED PRICE THIS. AGREEMENT is by and between Taylor County Board ofCounty Commissioners (Owner) and (Design/Builder). Owner and Design/Builder hereby agree as follows: ARTICLEI-WORK described as follows: Taylor County, Florida ARTICLE2-1 THE PROJECT 1.01. Design/Builder shall complete all Work as specified ori indicated in the Contract Documents. The Work is generally Taylor County Fire Station. 2, A Design-Build. Improvement Project. 2.01. The Project, of which the Work under the Contract Documents may be the whole or only a part, is generally described as follows: The intent of this contract is to include securing all programming, design, permitting, construction, labor and equipment requiredfor the Taylor County Fire- -Station 21 Project in Taylor County. Florida. This projectshalli include, buti is not limited to, providing and performing all work necessary ()) for the design and construction of the project, (i) to furnish efficient design and construction administration, supervision and superintendence, and (li) for site development tasks, permitting, regulatory matters, approvals, testing, surveying, environmental mitigation, geotechnical, traffic management, architectural, engineering, landscaping, security, exterior, structural and interior design, acoustical, lighting, construction, post-construction, accounting and control, coordination and efficient management toj facilitate completion of the project, as morej fully detailed in the Design Criteria Package. This project is a Guaranteed. Maximum Price project as specified on the Proposal Form and Instructions to Bidders. ARTICLE3-CONTRACTTIMES 3.01. Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are oft the essence of the Contract. 3.02. Days to. Achieve Substantial Completion and Final Payment A. run. The Work willl be substantially completed within 290 days after the date when the Contract' Times commence to run as providedi in! Paragraph2 2.020 ofthe General Conditions, and completed andi ready for final payment in accordance with Paragraph 13.08 of the General Conditions within 300 days after the date when the Contract Times commence to 3.03. Liquidated Damages EJCDC NO. D-520 (2009 Edition) D-520-1 Taylor County Fire- Station 2 2020-003-ENG A. Design/Builder and Owner recognize that time is of the essence as stated in Paragraph 3.01 above, and that Owner will suffer financial loss ift the Worki is not completed within the times specified in Paragraph 3.02.A above, plus any extensions thereofallowed in accordance with Article 11.02 oft the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in al legal, arbitration, or similar proceeding the actual loss suffered! by Ownerifthe' Work is not completed ont time. Accordingly, instead ofrequiring any such proofor calculation, Owner and Design/Builder agree and will not contest that as liquidated damages for delay (but not as a penalty), Design/Builder shall pay Owner $1,685 fore each day thate expires after the time specified in Paragraph3.02.A above for Substantial Completion until the Work iss substantially complete. After Substantial Completion, ifDesig/Builder: shall neglect,refuse, or failt to complete thei remaining' Work within the Contract Time or any proper extension thereofgranted by Owner, Design/Builder: shall pay Owner $1.685 for each day that expires after the time specified in Paragraph3.02.A for completion and readiness for final payment until the Work is completed and ready for final payment. Int the event Design/Builder disputes the provision and legal applicability ofl Liquidated Damages as outlined in Paragraph 3.03A, Owner shall assess a penalty in an amount consistent with Paragraph 3.03A pursuant to Florida B. Statute 336.44. 3.04 Correction Period/Warranty A. The Correction Period specified in Paragraph 13.07ofthe General Conditions is modified to require that all workmanship and materials furnished to complete this project shall be warranted for no lesst than a one-year period after the date of final acceptance. ARTICLE 4- CONTRACT PRICE 4.01. Owner shall pay Desig/Builder for completion of the Work in accordance with the Contract Documents an amount in current funds equal to thes sum oft the amounts determined pursuant to Paragraphs 4.01.A, 4.01.B and 4.01.Cbelow: A. For all Work other than Unit Price Work, a Guaranteed Maximum Price of: ($ (numerals) (words) The specific cash allowances are included in the above price and have been computed in accordance with Paragraph 10.02 oft the General Conditions. Allowances: I. 2. B. C. For Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the actual quantity oft thati item: UNITI PRICE WORK No. Estimated Ouantity Unit Price Total Estimated Item Unit EJCDC NO. D-520 (2009 Edition) D-520-2 Taylor County Fire Station 2 2020-003-ENG ESTIMATED TOTAL OF ALL UNIT PRICE WORK $( As provided in Paragraph 10.03.A of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Owner as provided in Paragraph 10.03.A of the General Conditions. Unit prices have been computed as provided in Paragraph 10.03 ofthe General Conditions. 4.02. The factor used to calculate the cost of fee for employees in the direct employ of Design/Builder performing Design Professional Services in accordance with Paragraph 10.01.A.1.b ofthe General Conditions shall be 1.5. 4.03. Notwithstanding, Owner shall pay Design/Builder for completion oft the Work in accordance with the Contract Documents an amount in current funds at the prices stated in Design/Builder's Proposal, attached hereto as an exhibit. AKTICLES-FAYMENT PROCEDURES 5.01. Design/Builder shall submit and Owner will process Applications for Payment in accordance with Article 13 oft the General Conditions. A. Progress Payments; Retainage: Owner shall make progress payments on account of the Contract Price on the basis of Design/Builder's Applications for Payment which are to be submitted on or about the 10th day of each month during performance of the Work as provided in Paragraphs 5.01.A.1 and A.2 below. All such payments will be measured by the Schedule ofValues established in Paragmph206A3ofthe General Conditions (and in the case of Unit Price Work based on the number of units completed). 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate ofpayments previously made and less such amounts as Owner may withhold in accordance with Paragraph 13.03.B ofthe General Conditions. a. 95 percent of Work completed (with the balance being retainage). Ifthe Work has been 50 percent completed as determined by Owner, and if the character and progress of the Work have been satisfactory to Owner, then as long as the character and progress of the Work remain satisfactory to Owner, there will be no additional retainage on account ofWork completed,; and 95 percent of the cost of materials and equipment not incorporated in the Work (but delivered, suitably stored, and accompanied by documentation satisfactory to Owner as provided in Paragraph 13.02.A oft the General Conditions), with the balance being retainage. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Design/Builder to 95 percent of the Contract Price (with the balance being retainage), less such amounts as Owner may withhold in accordance with Paragraph 13.03.B of the General Conditions and less Five (5) percent of Owner's estimate of the value ofthe Work shown in the tentative list of items to be completed or Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 13.08 of b. 2. corrected attached to the certificate of Substantial Completion. B. the General Conditions, Owner shall pay the remainder oft the Contract Price. ARTICLE6-I INTEREST percent(1%) per annum. 6.01. Allmoneys not paid when due as provided in Article 13 ofthe General Conditions shall bear interest at the rate of One EJCDC NO. D-520 (2009 Edition) D-520-3 Taylor County Fire- Station 2 2020-003-ENG ARTICLE7-DESIGN/BUILDERS REPRESENTATIONS 7.01. To induce Owner to enteri into this Agreement, Design/Builder makes the following representations: identified in the Request for Proposals, but excluding the documents described in paragraph 8.01.K. A. B. C. D. Design/Builder has examined and carefully studied the Contract Documents and the other related data Design/Builder has visited the Site and become familiar with and is satisfied as to the general, local, and Site Design/Builder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that Design/Builder has carefully studied all: (1) reports of explorations and tests ofs subsurface conditions at or contiguous to the Site and all drawings ofp physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), ifany, that have been identified or made available by Owner and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified or made available by conditions that may affect cost, progress, and performance ofthe Work. may affect cost, progress, and performance of the Work. Owner. E. F. Design/Builder is aware oft the general nature of work to be performed by Owner and others at the Site that Design/Builder has considered thei information known to Design/Builder; information commonly known to design/builders doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect tot the effect ofsuch information, observations, and documents on (1) the cost, progress, and performance of the Work; (2)t the means, methods, techniques, sequences, and procedures of construction to be employed by Design/Builder, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Based on thei information and observations referred to above, Design/Builder does not consider that further examinations, investigations. explorations, tests, studies, or data are necessary for it to enter into this Contract for the performance ofthe Work att the Contract Price, within the Contract Times, and in accordance with the other terms and Design/Builder has given Owner written notice of all conflicts, errors, ambiguities, or discrepancies that Design/Builder has discovered in the Contract Documents, and the written resolution thereofby Owner is acceptable to The Contract Documents are generally sufficient to indicate and convey understanding of all terms and relates to the Work as indicatedi in the Contract Documents. Contract Documents; and ODeigBuider'satky, precautions and programs. G. conditions of the Contract Documents. H. Design/Builder. I. conditions for performance and furnishing oft the Work. ARTICLE8-CONTRACT DOCUMENTS 8.01. The Contract Documents consist oft the following: A. B. C. D. This Agreement Performance Bond Payment Bond Other Bonds, identified as Exhibits EJCDC NO. D-520 (2009 Edition) D-520-4 Taylor County Fire Station 2 E. F. G. H. I. J. 2020-003-ENG Standard General Conditions ofthe Contract Between Owner and Design/Builder Supplementary Conditions Design/Builders Proposal; Addenda numbers. Exhibits to this Agreement Conceptual Documents and thel Design Criteria Package included in the Request for Proposals through inclusive 1. 2. Design/Builder's Proposal (pages to. inclusive), Dated Documentation: submitted by Contractor prior tol Notice of Award (pages to. inclusive) K. The following, which may be delivered, prepared, or issued after thel Effective Date ofthis Agreement and are not attached hereto: 1. Notice to Proceed; 2. 3. 4. All Work Change Directives, and Change Orders amending, modifying or supplementing the Specifications as defined in Paragraph 1.01.A.40 oft the General Conditions; and Drawings as defined in! Paragraph 1.01.A.18 of the General Conditions. Contract Documents pursuant to paragraph 3.04.A of the General Conditions; 8.02. The documents listed in Paragraph 8.01 above are attached to this Agreement (except as expressly noted otherwise above). 8.03. There are no Contract Documents other than those listed above in this Article 8. 8.04. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 oft the General Conditions. ARTICLE9-MISCELLANEOUS 9.01. The Standard General. Conditions of the Contract Between Owner and Design/Builder are referred to herein as the 9.02. Terms used in this Agreement will have the meanings indicated in the General Conditions and any Supplementary General Conditions. Conditions or Specifications. 9.03 Assignment ofContract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent ofthe party sought tol be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect oft this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.04 Successors and Assigns EJCDC NO. D-520 (2009 Edition) D-520-5 Taylor County Fire - Station 2 2020-003-ENG A. Owner and Design/Builder each binds itself, its partners, successors, assigns, and legal representativesto the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.05 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Design/Builder, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereofwith a valid and enforceable provision that comes as close as possible to expressing the intention ofthes stricken provision. 9.06 Independent Contractor A. Design/Builder shall be considered to be acting as an independent contractor and as such shall be wholly responsible fort the work to be performed and fort the supervision of its employees. Design/Builder represents that it has, orwill secure: ati its own expense, all personnel requiredi inj performing the services under this agreement. Such personnel shall not be employees of, orl have any individual contractual relationship with Owner. 9.07 Preference To State Residents A. Chapter 2010-147, Section 50, Laws of Florida, providing for preference to residents oft the State ofF Florida, ishereby made a part ofthis Contract: Each contract thati is funded by state funds must contain a provision requiring the contractor to give preference to the employment of state residents in the performance of the work on the project ifstate residents have substantially equal qualifications to those ofnonresidents. As usedi int this Section, thet term' "substantially equal qualifications" means the qualification of two or more persons among whom the employer cannot make a reasonable determination that the qualifications held by one person are better suited for the position than the qualifications held by the other person or persons. 9.08 Public Records Provision A. specifically: Ina accordance with Section 119.0701, Florida Statutes, Contracts; Public records, Design/Builder shall 1. 2. 3. 4. Keep and maintain public records that ordinarily and necessarily would be required by the public Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as Ensure that publicr records that are exempt or confidential ande exempt from publicr records disclosure Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the agency in order to perform the service. otherwise provided by law. requirements are not disclosed except as authorizedl by law. information technology systems of the public agency. 9.09 Indemnification EJCDC NO. D-520(2009 Edition) D-520-6 Taylor County Fire Station 2 2020-003-ENG A. Tot the extent provided by law, Design/Builder, Subcontractor(s), Consultant(s), or Subconsultant(s) shall indemnify and hold harmless Owner, including their respective officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused byt the negligence, recklessness, or intentionally wrongful conduct oft the Design/Builder, Subcontractor(s), Consultant(s), or Subconsultant(s) and other persons employed or utilized by the Design/Builder, Subcontractor(s), Consultant(s), or Subconsultant(s) in the performance ofthis Contract. B. This indemnification shall survive termination oft this Contract. 9.10 Other Provisions A. This Agreement shall be governed in all respects by the laws oft the State of Florida. The venue ofa any litigation as a result of this agreement shall be exclusively Taylor County, Florida. EJCDC NO. D-520 (2009 Edition) D-520-7 Taylor County Fire Station2 2020-003-ENG IN WITNESS WHEREOF, Owner and Design/Builder have signed this Agreement in duplicate. One counterpart each has been delivered to Owner and Design/Builder. All portions ofthe Contract Documents have been signed, initialed or identified by Owner and Design/Builder. This Agreement will be effective on 2025 (which is the Effective Date of the Agreement). OWNER: By: Title: [CORPORATE: SEAL] Attest: Title: DESIGN/BUILDER: Taylor County Board of County Commissioners LaWanda Pemberton County Administrator Gary Knowles Taylor County Clerk ofCourt By: Title: [CORPORATE ESEAL] Attest: Title: Address for giving notices: Address for giving notices: 108 North Jefferson St., Suite 102, Perry, FL3 32347 OR P.O. Box 620, Perry,FL32348 Engineer License No. or Certificate No.: State: (Where applicable) (IfOwneri is a corporation, attach evidence ofauthority to sign. IfOwner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution oft this Agreement.) Contractor License No.: State: tosign.) Designated Representative: Name: Title: Address: Phone: Facsimile: (Where applicable) (IfDesign/Builder is a corporation, attach evidence of authority Designated Representative: Name: Title: Address: Phone: Facsimile: EJCDC NO. D-520 (2009 Edition) D-520-8 DAMAGESI FORM BID BOND Any singular reference to Bidder, Surety, Owner, or other party shall be considered plural where applicable. BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (Name and Address): 1081 NORTH JEFFERSONST. PERRY FL, 32347 BID Bid Due Date: TAYLOR COUNTY BOARD OF COUNTY COMMISSIONERS 2025 Project (Brief Description Including Location): Taylor County Fire - Station 2, A Design-Build. Improvement Project. The intent ofthis contract is to include. securing all programming, design, permitting, construction, labor and equipment required for the Taylor County Fire - Station 2 Project in Taylor County, Florida. This project shall include, but is not limited to, providing and performing all work necessary (i) for the design and construction ofthe project, (i) to) furnish efficient design and construction administration, supervision and superintendence, and (ii)) for site development tasks, permitting, regulatory matters, approvals, testing, surveying, environmenta. mitigation, geotechnical, trafic management, architectural, engineering, landscaping, security, exterior, structural. and interior design, acoustical, lighting, construction, posl-construction, accounting and control, coordination and efficient management toj facilitate completion ofu the project, as moref fully detailed in the Design Criteria Package. BOND Bond' Number: Date (Not later than Bid due date): Penal Sum: (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to thet terms printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf byi its authorized officer, agent, or representative. BIDDER SURETY (Seal) (Seal) Bidder's Name and Corporate Seal Surety' sl Name and Corporate Seal By: Signature and Title Attest: Signature and Title By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title Note: Above addresses are to be used for giving required notice. EJCDC NO. D-520 (2009 Edition) D-520-1 DAMAGES FORM I. Bidder and Surety,jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns 5. Surety waives notice of any and all defenses based on or to pay to Owner upon default of Bidder any difference arising out of any time extension to issue Notice of Award between the total amount ofBidder's Bida and thet total amount agreed to in writing by Owner and Bidder, provided that the of the Bid of the next lowest, responsible Bidder who total time for issuing Notice of Award including extensions submitted a responsive Bid as determined by Owner for the shall not int the aggregate exceed 120 days from Bid due date work required by the Contract Documents, provided that: 1.1. Ifthere is no: such next Bidder, and Owner does not without Surety's written consent. abandon the Project, then Bidder and Surety shall 6. No suit or action shall be commenced under this Bond pay to Owner the penal sum set forth on the face of prior to 30 calendar days after the notice of default required 1.2.In no event shall Bidder's and Surety's obligation no case later than one year after Bid due date. hereunder exceed the penal sum: set forth on the face 7. Any suit or action under this Bond shall be commenced this Bond, and ofthis Bond. in Paragraph 4 above is received by Bidder and Surety and in only in a court of competent jurisdiction located in the state 2. Default ofBidder shall occur upon the failure of Bidder to in which the Project is located. deliver within the time required by the Bidding Documents 8. Notices required hereunder shall be in (or any extension thereofa agreed to in writing by Owner) the Bidder and Surety at their respective addresses writing shown on the executed. Agreement required byt the Bidding Documents and face of this Bond. Such notices may be sent by personal any performancea and payment bonds required by the Bidding delivery, commercial courier, or United States and sent to Registered by the party Documents. by upon receipt or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective 3. This obligation shall be null and voidi if: concerned. 3.1.Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents 9. Surety shall cause to be attached to this Bond a current and (or any extension thereof agreed to in writing by effective Power of Attorney evidencing the authority of the Owner) the executed Agreement required by the officer, agent, or representative who executed this Bond on Bidding Documents and any performance and behalf of Surety to execute, seal, and deliver such Bond and payment bonds required by the Bidding Documents, bind the Surety thereby. or 3.2.All Bids are rejected by Owner, or 3.3.Owner fails to issue a Notice of Award to Bidder 10. This Bond is intended to conform to all applicable within the time specified in thel Bidding Documents statutory requirements. Any applicable requirement of any (or any extension thereof agreed to in writing by applicable statute that has been omitted from this Bond shall Bidder and, if applicable, consented to by Surety be deemed to be included herein as ifs set forth at length. If when required by Paragraph 5 hereof). any provision of this Bond conflicts with any applicable statute, then the provision ofs said statute shall govern and the remainder of this Bond that is not in conflict therewith shall 4. Payment under this Bond will be due and payable upon continue in full force and effect. which notice will be given with reasonable promptness, proposal as applicable. default by Bidder and within 30 calendar days after receipt identifying this Bond and the Project and including a by Bidderand Surety ofwritten notice ofdefault from Owner, 11. The term "Bid" as used herein includes a Bid, offer, or statement ofthe amount due. EJCDC NO. D-520 (2009 Edition) D-520-2 Taylor County Fire- Station2 2 2020.003-ENG DESIGN/BUILDER CONTRACT PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. DESIGN/BUILDER (Name and Address): OWNER (Name and Address): 1081 NORTHJEFFERSONST. PERRY FL,3 32347 CONTRACT Date: Amount: SURETY (Name and Address of Principal Place of Business): TAYLOR COUNTY BOARDOF COUNTY COMMISSIONERS Description (Name and Location): Taylor County Fire- - Station. 2, A Design-Build. Improvement. Project. The intent of this contract is to include securing all programming, design, permitting, construction, labor and equipment required, for the Taylor County Fire = Station2 Project in Taylor County, Florida. This projects shalli include, buti is notl limited to, providing and performing all work necessary (i), for the design and construction of the project, (i) to. furnish eficient design and construction administration, supervision and superintendence, and (ii). for site development tasks, permitting, regulatory matters, approvals, testing, surveying, environmental mitigation, geotechnical, traffic management, architectural, engineering, landscaping, security, exterior, structural andi interior design, acoustical, lighting, construction, post-construction, accounting and control, coordination and efficient management to. facilitate completion oft the project, as morefully detailed in the Design Criteria Package. BOND Bond Number: Amount: Date (Not earlier than Contract Date): Modifications to this Bond Form: Surety and Design/Builder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond tol be duly executed oni its behalfby its authorized officer, agent, or representative. DESIGN/BUILDER ASI PRINCIPAL SURETY Company: Signature: Name and Title: (Seal) (Seal) Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title SURETY (Space isp provided below fors signatures ofadditional parties, ifrequired.) DESIGN/BUILDER. ASI PRINCIPAL Company: Signature: Name and Title: (Seal) (Seal) Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title: EJCDCNo. D-610 (2008 Edition) D-610-1 Taylor County Fire- Station2 2 2020.003-ENG Design/Builder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to Owner for the performance oft the Contract, whichi is incorporated herein byr referençe. 2. IfDesig/Builder performs the Contract, Surety and Design/Builder have no obligation under this Bond, except to participate in conferences as Iftherei ist no Ownerl Default, Surety's obligation under this Bond: shall arise 3.1. Owner has notified Design/Builder and Surety at the addresses described in Paragraph 10 below, that Owner is considering declaringal Design/Builder Default and! hasr requested and attempted to arrange a conference with Design/Builder: and Suretyt tob be heid notl later than 15 days after receipto ofs suchr notice to discuss methods ofp performing the Contract. IfOwner, Design/Builder and Surety agree, Design/E Builders shall bea alloweda ar reasonablet timet top perform the Contract, buts such an agreement shall not waive Owner's right, ifany. subsequently to declare al Design/Builder Defauit; and 3.2. Owner has declared a Design/Builder Default and formally terminated Design/Builder's right to complete the Contract. Such Design/Builder Default shall not be declared earlier than 20 days after Design/Builder: and Surety have receivedr notice: asp providedin Owner has agreedt top pay the Balance oft the Contract Price to: Suretyi ina accordance witht thet terms oft the Contract: or 2. Another design/builder selected pursuant to Paragraph 4.3 to When Owner has satisfied the conditions of Paragraph 3. Surety shall promptly and: ats Surety's expense take one oft the following actions: 4.1. Arrange for Design/Builder, with consent ofOwner,t top perform 4.2. Undertaket top perform and complete the Contracti itself. through itsa agents ort throughi independent design/builders. or 4.3 Obtain bids or negotiated proposals from qualified design- builders acceptableto to Owner forad contract forp performance ando completion of the Contract, arrange for a contract to be prepared for execution by Owner and a designbuilder selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent tot theb bondsi issued ont the Contract. andp pay to Ownert the amount ofc damages asd describedi inF Paragraph6 6i ine excess oft the Balance of the Contract Price incurred by Owner resulting from DesignE Builder Waive its right to perform and complete. arrange for completion, or obtainar newo designbuilder: and with reasonable promptness 1. After investigation, determine the amount for whichi itr may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner: or 2. Deny liability in whole or in part and notify Owner citing 5. Ifsurety does notp proceeda asp providedi inp paragraph 4 with reasonable promptness. suretys shall bed deemed tob bei ind default ont this bond 15 days after receipt ofa ana additional written notice from ownert tos surety demanding that surety perform its obligations under this bond, and owner shall bee entitledt to enforce any remedy available to owner. Ifsurety proceeds as providedi in paragraph4 4.4, ando ownerr refusest thep payment tendered ors surety has denied liability. in whole ori inp part, without further notice owner shall bee entitled to 6. After Owner has terminated Design/ Builder's right to complete the Contract, andi ifSurety elects toa act under Paragraph- 4.1,4.2, or 4.3 above, then the responsibilities of Surety to Owner shall not beg greater than those ofD Design/E Builder under the Contract, andt the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. Toa limit oft the amount oft this Bond, but subject to commitment by Owner of the Balance oft the Contract Pricet ton mitigation ofc costs and damages ont the Contract, Suretyi isc obligated without duplication for: 6.1. The responsibilities of Design/ Builder for correction of defective Work and completion oft the Contract: 6.2. Additional legal, design professional and delay costs resulting from Design/Builders Default, andn resulting fromt the: actions or failureto 6.3. Liquidated damages, ori ifnol liquidated damages are specified int the Contract, actual damages caused by delayed performance or non- 7. Surety shall not be liable to Owner or others for obligations of Design/Builder that are unrelated tot the Contract, and the Balance oft the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue ont this Bond to any person or entity other than Owner or its heirs, executors, administrators, or Surety hereby waives notice ofa any change, including changes oft time, to Contract or tor related subcontracts, purchase orders and other obligations. 9. Any proceeding, legal or equitable, under this Bond may bei instituted in any court of competentj jurisdiction int the locationi in which the Work or part of the Work is located and shall be instituted within two years after Design/Builder Default or within two years after Design/Builder ceased working or within two years after Surety refuses or fails to perform its obligations undert this Bond, whicheverc occursf first. Ifthe provisions ofthis paragraph are void orp prohibited by law, the minimum periodo of limitation available to sureties as a defense in the jurisdiction of the suit shall be 10. Notice to Surety, Owner or Design/Builder: shall ber mailed ord delivered to 11. Whent this Bond has been furnishedt to comply with a statutory requirement in thel location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming tos such statutory requirement shall be deemed incorporated herein. Thei intent is that this Bond shall be construed asas statutory bond and not asad common law bond. 12. Surety's pertormance obligation includes completion of the design responsibilities of Design Builder. However, Surety shall not bel liable for damages oft the type specified to be covered by design/builder's liability insurance required by the Contract Documents eveni ifs suchi insurance was not obtained ori is nots sufficient to covert the damages. 13.1 Balance of the Contract Price: The total amount payable by Owner to Design/Builder under the Contract after all proper adjustments have been made, including allowance to Design Builder ofa any amounts received or to be received by Owner in: settlement ofi insurance or other Claims for damages to which Design/Builder is entitled, reduced by all valid and proper payments made toc or on behalf of Design/Builder under 13.2. Contract: The agreement between Owner and Design/E Builder identified on the signature page. including all Contract Documents and changest thereto. 13.3. Design Builder Default: Failure of Design Builder, which! has neither been remedied nor waived, top perform or otherwise to comply with thet terms ofthe Contract. 13.4. Owner Default: Failure of Owner, which has neither been remedied nor waived, top Contract or to perform and complete or comply with the other terms thereof. act of Surety under Paragraph4: and performance of Design/Builder. providedi inF Paragraph3.1. after: successors. Paragraph3.1: and applicable. 3.3. thea address shown on thes signature page. perform the Contract. and completet the Contract: or 13. Definitions. Default; or 4.4 under thec circumstances: the Contract. reasons therefor. Builder required the pay Design' as by enforce any remedy available to owner. 00610-2 Taylor County Fire Station 2 2020.003-ENG DESIGN/BUILD PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. DESIGN/BUILDER (Name and Address): OWNER (Name and Address): 108 NORTHJ JEFFERSONST. PERRY FL,32347 CONTRACT Date: Amount: SURETY (Name and Address of Principal Place of Business): TAYLOR COUNTY BOARD OF COUNTY COMMISSIONERS Description (Name and Location): Taylor County Fire- -Station. 2, A Design-Build Improvement Project. The intent oft this contract is to include securing all programming, design, permitting, construction, labor and equipment required for the Taylor County Fire - Station. 2 Project in Taylor County, Florida. This projectshall include, but is not limited to, providing and performing all work necessary (). for the design and construction of the project, (i) to. furnish eficient design and construction administration, supervision and superintendence, and (ii). for site development tasks, permitting, regulatory matters, approvals, testing, surveying, environmental mitigation, geotechnical, traffic management, architecturat, engineering, landscaping, security, exterior, structural and interior design, acoustical, lighting, construction, post-construction, accounting and control, coordination and eficient management to facilitate completion of the project, as morej fully detailed in the Design Criteria Package. BOND Bond Number: Amount: Date (Not earlier than Contract Date): Modifications to this Bond Form: Surety and Design/Builder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed oni its behalfby its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Company: Signature: Name and Title: SURETY (Seal) (Seal) Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title SURETY (Space is provided below for signatures ofadditional parties, ifrequired.) DESIGNBUILDER AS PRINCIPAL Company: Signature: Name and Title: (Seal) (Seal) Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title: EJCDC: No. D-615 (2008 Edition) D-615-3 Taylor County Fire- Station: 2 2020.003-ENG 1. Design/Builder and Surety, jointly and severally, bind themselves, their heirs, 11. No suit or action shall be commenced by a Claimant under this Bond other executors, administrators, successors, and assigns to Owner to pay for labor, than in a court of competent jurisdiction in the location in which the Work or part materials, ande equipment furnished by Claimants for usei int the performance ofthe ofthe Worki is locatedo lor after thee expiration of one year from the date (I)on which 2.1. Promptly makes payment, directly or indirectly, for all sums due prohibited by law, the minimum period of limitation available to sureties as a 2.2. Defends, indemnifies, and holds harmless Owner from all claims, 12. Notice to Surety, Owner, or Design/Builder shall be mailed or delivered to the demands, liens. or suits alleging non-payment! by Design/Builder by any addresses shown ont thes signature page. Actual receipt ofr notice by Surety, Owner, person or entity who furnished labor, materials, or equipment for use in or Design/Builder, however accomplished, shall bes sufficient compliance as ofthe the performance oft the Contract, provided Owner has promptly notified date received at the address shown on the signature page. of any claims, demands, liens, or suits and tendered defense of such 13. Whent this Bond has been furnished to comply with as statutory requirement in claims, demands, liens, or suits to Design/Builder and Surety, and the location where the Contract was to be performed, any provision in this Bond 3. With respect to Claimants, this obligation shall be null and void if herein. The intent ist that this Bond shall be construed: as a statutory Bond and not Contract, whichi isi incorporated herein by reference. 2.With respect to Owner, this obligation shal! be null and voidi if the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were fumished by anyone under the Construction Contract, whichever of(I)or (2) first occurs. Ifthe provisions oft this paragraph are void or defense in the jurisdiction of the suit shall be applicable. Design/Builder: Claimants, and Design/Builder and Surety (at the addresses described in Paragraph 12) provided therei is no Owner Default. conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming tos such statutory requirement shall be deemedi incorporated 14. Upon request of any person or entity appearing to be a potential beneficiary oft this Bond, Design/Builder shall promptly furnish a copy of this Bond or shall 15.1. Claimant: An individuai or entity having a direct contract with Design/Builder, or with a first-tier subcontractor of Design/Builder, to furnish labor, materials, or equipment for use in the pertormance oft the Contract. The intent oft this Bond shall be toi include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline. telephone service, or rental equipment used int the Contract, architectural and engineering services required for performance of the Work of Design/Builder and Design/Builder's Subcontractors. and all other items for which a mechanic's lien may be assertedi in the jurisdiction where the labor. materials. or equipment were 15.2. Contract: The agreement between Owner and Design/Builder identified on the signature page. including all Contract Documents and changes 15.3. Owner Default: Failure ofOwner. which has neither been remedied nor waived, to pay Design/Builder as required by the Contract or to perform and complete or comply with the other terms thereof. Design/Builder promptly makes payment, directly ori indirectly. for all sums due. asad common law bond. 4.1. Claimants who are employed by or have a direct contract with permit a copy tol be made. Design/Builder have given notice to Surety (at the addresses described inF Paragraph 12) ands sent ac copy: orr noticet thereof. to Owner. stating that 15. DEFINITIONS ac claim is being made under this Bond and, with substantial accuracy, 4.2. Claimants who dor not have ac direct contract with Design/Builder: 1.H Have furnished written notice tol Design/Builder and sent a copy, or notice thereof. to Owner, within' 90 days after having last performed labor or last fumished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name ofti the party to whom the materials ore equipment were furnished ors supplied. or for whom the labor was done or performed: and 2. Have either received a rejection in whoie or in part from Design/Builder. or not received within 30 days of furnishing the above notice any communication from Design/Builder by which Design/Builder had indicated the claim will be paid directly or 3. Not having been paid within the above. 30 days. have sent a written noticet to Surety and sent a copy. or notice thereof. to Owner, stating that a claim is being made under this Bond and enclosing acopy of thep previous written notice furnished to Design/Builder. S.Ifar notice by a Claimant required by Paragraph 4 is provided by Owner to Design/Builder ort to Surety. thati is sufficient compliance. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by 8. Amounts owed by Owner to Design/Builder under the Contract shall be used for the performance of the Contract and to satisfy claims. if any. under any performance bond. By Design/Builder furishing ando Owner acceptingt this Bond, they agree that all funds earned by Design/Builder in the performance of the Contract are dedicated to satisfy obligations of Design/Builder and Surety under this Bond. subject to Owner's priority to use the funds for the completion of the 9. Surety shall not be liable to Owner, Claimants. or others for obligations of Design/Builder that are unrelated tot the Contract. Owner shall not be liable for payment ofa any costs or expenses of any Claimant under this Bond. and shall have under this Bond no obligations to make payments to. give notices ont behalf of. or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice ofa any change. including changes oft time. to the Contract ort tor related! Subcontracts, purchase orders and other obligations. 4. Surety shall have no obligation to Claimants under this Bond unti!: the amount oft the claim. furnished. thereto. indirectly: and 6. Reserved. Surety. Work. 00615-4 Taylor County Fire- - Station2 2020.003-ENG PART 3- CONDITIONS OF THE CONTRACT Taylor County Fire Station 2 2020.003-ENG This document has important legal consequences; consultation with an attorney is encouraged with respect toi its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONTRACT BETWEEN OWNER AND DESIGN/BUILDER Prepared by EJCDCE ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE Issued and Published Jointly by and ACEC AMERICAN COUNCIL OF ENGINISRING COMPANTES ASCE of Civil Engineers AGCof America E AOCAIEDCENERN COMIRACIOBOFAMENCA A Quality People. Quality Projects. National Society of Professional Engineers Professional Engineers in Private Practice American Society AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATEDGENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS A Practice Division of the EJCDC D-700 Standard General Conditions oft the Contract Between Owner and Design/Builder Copyright 9: 2009 National Society of Professional Engineers for EJCDC. All rights reserved. D-700-i Taylor County Fire- - Station 2 2020.003-ENG These General Conditions have been prepared for use with either one ofthet two Agreements between Owner and Design/Builder (EJCDC D-520 and D-525, 2009 Editions). Their provisions are interrelated and a change in one may necessitate a change int the others. The comments andi instructions contained in the Guide to Use ofEJCDC Design/Build Documents (EJCDCI D-001,2009 Edition) are also carefully interrelated with the wording of these General Conditions. Copyright 0 20091 National Society ofl Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703)684-2882 www.nspe.org American Council of] Engineering Companies 1015 15th Street N.W., Washington, DC: 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA20191-4400 (800)548-2723 www.asce.org Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703)548-3118 www.agc.org The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC D-700 Standard General Conditions oft the Contract Between Owner and Design/Builder Copyright 02 2009 National Society of Professional Engineers for EJCDC. Allr rights reserved. D-700-ii Taylor County Fire- Station 2 2020.003-ENG TABLE OF CONTENTS ARTCLEI-DEFNITONS: ANDTERMINOLOGY. ARICIE-PRELMIMARY MATTERS. 1.01 Defined Terms 1.02 Terminology 2.01 Delivery of Bonds 2.03 Starting the Work 2.04 Before Starting the Work 2.05 Initial Conference 2.06 Initial Acceptance ofSchedules 3.01 Intent 3.02 Reference Standards 3.03 Resolving Discrepancies 3.05 Reuse of Documents 3.06 Electronic Data ENVIRONMENTALCONDITIONS 4.01 Availability ofLands. 4.02 Differing Site Conditions 4.03 Reference Points.. 4 6 7 7 7 7 7 8 8 8 8 8 8 9 9 2.02 Commencement of Contract Times; Notice to Proceed ARTICLES-CONTRACT DOCUMENTS: INTENT,AMENDING: REUSE 3.04 Amending and Supplementing Contract Documents ARTICLE 4 - AVAILABILITY OF LANDS; DIFFERING SITE CONDITIONS; REFERENCE POINTS; HAZARDOUS 10 10 10 10 11 11 11 12 12 13 13 14 14 14 14 15 15 15 15 15 16 16 16 17 17 4.04 Hazardous Environmental Condition at Site 5.01 Performance, Payment and Other Bonds 5.02 Licensed Sureties and Insurers 5.03 Certificates ofl Insurance 5.04 Design/Builder's Insurance 5.05 Owner's Liability Insurance 5.06 Property Insurance 5.07 Waiver of Rights ARTICLES-BONDS AND INSURANCE. 5.08 Receipt and Application of Insurance Proceeds 5.09 Acceptance of Bonds and Insurance; Option to Replace 5.10 Partial Utilization, Acknowledgment of Property Insurance 6.01 Design Professional Services 6.02 Supervision and Superintendence of Construction 6.03 Labor, Working Hours 6.04 Services, Materials, and Equipment 6.05 Progress Schedule 6.06 Concerning Subcontractors, Suppliers, and Others 6.07 Patent Fees and Royalties 6.08 Permits 6.09 Laws or Regulations 6.10 Taxes 6.11 Use of Site and Other Areas ARTICLE6-DESIGN/BUILDERS RESPONSIBILITES EJCDC D-700 Standard General Conditions oft the Contract Between Owner and Design/Builder Copyright 02009 National Society of Professional Engineers for EJCDC. All rights reserved. D-700-1 Taylor County Fire- - Station 2 2020.003-ENG 17 17 18 18 18 18 18 18 19 19 19 19 20 20 20 20 21 21 21 21 21 21 21 21 21 21 22 22 22 22 24 24 24 24 25 26 26 26 26 26 26 26 27 27 27 27 28 28 28 6.12 Record Documents 6.13 Safety and Protection 6.14 Safety Representative 6.15 Hazard Communication Programs 6.16 Emergencies 6.17 Submittals 6.18 Continuing the Work 6.19 Post-Construction Phase 6.21 Indemnification 7.01 Related Work at Site 7.02 Coordination 7.03 Legal Relationships 8.01 General 8.02 Insurance 6.20 Desig/Buider'sOeneral Warranty and Guarantee ARTICLE7-OTHER CONSTRUCTION. ARTICLEB-OWNERS RESPONSIBILITIES. 8.03 Limitations on Owner's Responsibilities 8.04 Undisclosed Hazardous Environmental Condition 8.05 Resident Project Representation 8.06 Owner's Consultant 8.07 Compliance with Safety Program 9.01 Authorized Changes in the Work 9.02 Unauthorized Changes in the Work 9.03 Claims 9.04 Execution of Change Orders 9.05 Notice to Sureties 10.01 Cost ofthe Work 10.02 Cash Allowances 10.03 Unit Prices ARTICLE9-CHANGES INTHE WORK; CLAIMS. ARTICLE 10-COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK ARTICLEII-CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES. 11.01 Change of Contract Price 11.02 Change of Contract Times 12.01 Notice of Defects 12.02 Access to Construction 12.03 Tests and Inspections 12.04 Uncovering Construction 12.05 Owner May Stop Construction 12.06 Correction or Removal of Defective Construction 12.07 Correction Period 12.08 Acceptance ofl Defective Construction 12.09 Owner May Correct Defective Construction ARTICLE 12 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE CONSTRUCTION. ARTICLE 13-PAYMENTS' TO: DESIGN/BUILDER AND COMPLETION. 13.01 Schedule ofValues 13.02 Application for Progress Payment 13.03 Progress Payments EJCDC D-700 Standard General Conditions oft the Contract Between Owner and Design/Builder Copyright 020091 National Society of Professional Engineers for EJCDC. Allr rights reserved. D-700-2 Taylor County Fire Station 2 2020.003-ENG 29 29 29 29 29 30 30 30 30 30 31 31 31 31 32 32 32 32 32 32 13.04 Design/Builder's Warranty ofTitle 13.05 Substantial Completion 13.06 Partial Utilization 13.07 Final Inspection 13.08 Final Payment 13.09 Final Completion Delayed 13.10 Waiver ofClaims 14.01 Owner May Suspend Work 14.02 Owner May Terminate for Cause 14.03 Owner May Terminate for Convenience 14.04 Design/Builder May Stop Work or Terminate ARTICLE 14- -S SUSPENSION OF WORK AND TERMINATION. ARTICLE 15-DISPUTEI RESOLUTION. ARTICLE: 16-MISCELLANEOUS. 15.01 Methods and Procedures 16.01 Giving Notice 16.02 Computation ofTimes 16.03 Cumulative Remedies 16.04 Survival of Obligations 16.05 Controlling Law EJCDC D-700 Standard General Conditions oft the Contract Between Owner and Design/Builder Copyright 02009 National Society of Professional Engineers for EJCDC. Allr rights reserved. D-700-3 Taylor County Fire - Station 2 2020.003-ENG EJCDCE ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE STANDARD GENERAL CONDITIONS OF THE CONTRACT BETWEEN OWNER AND DESIGN/BUILDER respect to the terms of the Contract. A demand for money or services by a third party is not a claim. 8. Conceptual Documents: The drawings and specifications and/or other graphic or written materials, criteria and information concerning Owner's requirements for the Project, such as design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, including those items enumerated in the Request for Proposals which show or describe the character and scope of, or relate to, the Work to be performed or furnished and which have been prepared by or for Owner. 9. Construction: The part ofthe Work that is thet result of performing or furnishing of labor, the furnishing and incorporating of materials and equipment into the Work and the furnishing ofservices (other than Design Professional Services) and documents, all as required 10.Construction Subagreement: A written agreement between Design/Builder and a construction Subcontractor for provision ofConstruction. 1I.Contract: The entire and integrated written agreement between Owner and Design/Builder concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether 12.Contract Documents: Those items sO designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. 13.Contract Price: The moneys payable by Owner to Design/Builder for completion of the Work in accordance with the Contract Documents. 14.Contract Times: The numbers of days or the dates stated in the Agreement to (i)achieve Substantial Completion, and (ii) complete the Work sO that it is ready for final payment in accordance with Paragraph 15.Design/Bulder: The individual or entity with whom Owner has entered into the Agreement. ARTICLEI-DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever usedi in the Contract Documents and printed with initial capital letters, the following terms have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references toi identified articles and paragraphs, and the titles ofother documents or forms. 1. Addenda: Written or graphic instruments issued prior to the opening of Proposals which clarify, correct or change the Request for Proposals or the 2. Agreement: The written instrument which is evidence of the agreement between Owner and Design/Builder covering the Work. 3. Application, for Payment: The form which is to be used by Design/Builder inr requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the 4. Asbestos: Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety 5. Bonds: Performance and payment bonds and other 6. Change Order: A written order which is signed by Design/Builder and Owner which authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the 7. Claim: A demand or assertion by Owner or Design/Builder seeking an adjustment of Contract Price or Contract Times, or both, or other relief with Contract Documents. by the Contract Documents. Contract Documents. written or oral. and Health. Administration. instruments ofsecurity. Agreement. 13.08. EJCDC D-700 Standard General Conditions oft the Contract Between Owner and Design/Builder Copyright 02 2009 National Society of Professional Engineers for EJCDC. All rights reserved. D-700-4 Taylor County Fire- Station 2 2020.003-ENG 16.Design Subagreement: A written agreement between Design/Builder and a design profèssional for provision of! Design Professional Services. 17.Design Professional Services: That part of the Work comprisedriservices: relating to the preparation of Drawings, Specifications, and other design submittals specified by the Contract Documents and required to be performed by licensed design professionals, as well as other services provided by or for licensed design professionals during Bidding/Negotiating, Construction, or Operational 18.Drawings: Those portions of the Contract Documents prepared by or for Design/Builder and approved by Owner consisting ofd drawings, diagrams, illustrations, schedules and other data which show the scope, extent, and character oft the Work. 19.Efective Date ofthe Agreement: The datei indicated int the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of thet two parties to sign and deliver. 20,Field Order: A written order issued by Owner which orders minor changes in the Work but which does not involve a change in the Contract Price or the 2i.Harardous Environmental Condition: The presence at the Sile ofAsbestos, liazardous Waste, PCB's, Petroleum Products or Radioactive Materials insuch quantities or circumstances that may presenta substantial danger to persons or property exposed thereto on connection with the Work. 22.Hazardous Waste: Thet term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as 23.Laws or Regulations: Any and all applicable laws, rules, regulations, ordinances, codes, and orderso ofany and all governmental bodies, agencies, authorities and 24.Liens: Charges, security interests or encumbrances upon real property or personal property. 25.Milestone: A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial 26.Notice of Award: The written notice by Owner to the successful proposer stating that upon compliance by the successful proposer with the conditions precedent included. therein, within the time specified, Owner will: sign and deliver the Agreement. 27.Notice to Proceed: A written notice given by Owner to Design/Builder fixing the date on which the Contract Times will commence to run and on which Design/Builder shall start toj perform the Work. 28.Owner: The individual Design/Builder has enteredi into the Agreement and for whom the Work is to be performed. 29.Owner's Consultan: An individual or entity with whom the Owner may contract to furnish services to Owner with respect to the Project and whoi is identified as such in the Supplementary Conditions. 30.Partial Utilization: Usel by Ownerofasub-antiatly completed part oft the Work for thepurpuse for which itisi mmalovariaudpupas) prior to Substantial Completion ofall the Work. 31.PCBs: Polychlorinated biphenyls. 32.Petroleum: fraction or entity with whom phases. Petroleum, including crude oil or any thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7p pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous 33.Project: The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the 34.Proposal: The documents submitted by Design/Builder in response to the Request for Proposals setting forth the design concepts, proposed prices, and other conditions for the Work to be 35.Radioactive Material: Source, special nuclear, or byproduct material as defined by the Atomic Energy Actof1954(42 USC Section. 20i1 et seq,)as amended 36.Request for Proposals: The document prepared by or for Owner specifying and describing Owner's objectives and the procedure to be followed in preparing and submitting a Proposal and awarding a Contract Times. Wastes arid crude oils. Contract Documents. amended from time to time. performed. courts having jurisdiction. from time tot time. Completion ofall the Work. contract. EJCDC D-700 Standard General Conditions oft the Contract Between Owner and Copyright 02 20091 National Society of Professional Engineers for EJCDC. Allr rights Design reserved. Builder. D-700-5 2020.003-ENG 46.Unit Price Work: Work to be paid for on the basis Taylor County Fire- -Station2 Representative: The authorized 37.Resident Project who may be assigned to the ofunit prices. 47rk: various separately representative of Owner Site or any part thereof. 38.Schedule-of Values: A that portion of the Contract major component of the Work. Lands or other areas designated in the Contract Documents as being which Construction is to be performed, and easements for access thereto, and rights-of-way lands furnished by Owner which are designated for use ofDesign/Builder. 40.Specifications. for Design/Builder and approved by prepared by or written technical descriptions of Owner consisting of materials, equipment, construction Work and certain and workmanship as applied to the administrative details applicable thereto. 41.Subcontractor:. An individual or entity other than a Supplier having a direct contract with Design/Builder with other Subcontractor for the performance of 42.Submittal: A written or graphic document prepared the by or for Design/Builder which is required by Contract Documents to be submitted to Owner by Design/Builder. Submittals may include Drawings, Specifications, progress schedules. shop-drawings of samples, cash flow proiections, and Schedules and Values. Submitrais other than Drawings Specifications are not Contract Documents. 43.Substantial Work (or a specified part) where it is sufficiently complete, that the Work (or a the Contract Documents, so specified part) can be utilized for the purposes which it is intended. The terms "substantially and "substantially completed" as appliedto complete" ot the Work refer to Substantial Completion 44.Supplementary Documents which amends or supplements 45.Supplier: A manufacturer, fabricator, supplier, direct distributor, materialman or vendor having with a any contract with Design/Builder or Subcontractor to furnish materials or equipment to incorporated in the Work by Design/Builder or any The entire design and construction or the identifiable parts thereofrequired ito be performed o furnished and is the result of Documents. Workincludes Professional Services performing or furnishing Design Contract Documents. and Construction requiredbyt the 48.Work Change Desiga/Builder, issued on oft the Agreement and signed by addition, deletion or revision in the Work, or responding to differing or to emergencies. A Work Work is to be performed Change Directive will not change the Contract Times, but is evidence that the parties that the change directed or documented by a expect Directive will be incorporated in a Work Change subsequently issued Change its negotiations by the parties as to effect, the Contract Price or Contract Times. schedule prepared by under the Contract indicating Design/Builder and acceptable-to Price to Owner be paid for each Directive: A written birective to or after the Effective-Date Owner ordering an site conditions under which the the Contract Priceor Order following if any, on 39.Site: upon such other furnished by Owner including The part ofthe Contract Documents systems, standards 1.02 Terminology A. are not defined terms, but Documents have thei indicated meanings. B. 1.02.B The words and terms discussed in Paragraph Intent ofCertain Terms or Adjectives: day of 24 hours measurel.fourmidhight word "Construction" refers to conform the or any apart oft the Work. when used in the Contract a calendar 1. midnight. 2. The word "day". shall constitute to the next The word "defective," when Construction modifying that is faulty, or deficient in that it does unsatisfactory, to Contract Documents, or does not meet inspection, reference standard, the requirements ofany int Contract Documents, test or approval referredt to the Owner's final payment or has been damaged prior to (unless responsibility for the protection been assumed by Owner at Substantial Completion) that the defect was not caused by Owner. The word "furnish," when used in connection services, materials, or equipment, shall mean to with and deliver said services, materials or equipment to the Site (or installation and in usable or the not Completion: The time at which the has progressed to the point in accordance with for thereof has aiiory part thereof. Contract these General Conditions. provided 3. supply location) ready for use or operable condition. 4. Conditions: The part of the some other specified in connection mean to be The word "install," when used with services, materials, or equipment, shall services, put into use or place in final position said Subcontractor. Standard General Conditions oft the Contract Between Owner and! Design reserved. Builder. EJCDC D-700 02 20091 National Society of Professional Engineers for EJCDC. All rights Copyright D-700-6 Taylor County Fire- Station 2 2020.003-ENG materials or equipment or equipment complete and The words "perform" or' "provide" when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Design/Builder, "provide" is implied. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with 2.04 Before Starting the Work ready for intended use. 5. A. Design/Builder's Review of Conceptual Documents: Before undertaking the Work, Design/Builder shall carefully study and compare those Conceptual Documents prepared by Owner and check and verify pertinent figures therein and all applicable field measurements. Design/Builder shall promptly report in writing to Owner any conflict, error, ambiguity, or discrepancy which Design/Builder may discover and shall obtain a written interpretation or clarification from Owner before proceeding with any Work affected thereby; however, Design/Builder shall noth be liable to Owner for failure to report any conflict, error, ambiguity, or discrepancy in the Conceptual Documents unless Design/Builder knew thereof. Preliminary Schedules: Within 10 days after commencement of the Contract Times (unless otherwise specified in the Contract Documents), Design/Builder shall submit the following to Owner fori its timely review: intended use. 6. 7. B. that meaning. 1. A preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; A preliminary schedule-of Submittals which will list each required Submittal and the times for submitting, reviewing and processing each Submittal; Ap preliminary Schedule of Values for all of the Work which will include quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item ofWork; and A preliminary cash flow projection estimating that portion of the Contract Price tol be due during each month of performance. ARTICLEZ-PRELIMINARY MATTERS 2.01 Delivery of Bonds A. When Design/Builder delivers the executed Agreements to Owner, Design/Builder shall also deliver to Owner such Bonds as Design/Builder may be required to furnish in accordance with Paragraph 5.0T.A. B.E Evidence of Insurance: Before any Work is started, Desig/Builderand Owner shall each deliver to the other those certificates of insurance that Design/Builder and Owner respectively are required to purchase and maintain in 2.02 Commencement of Contract Times; Notice to The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement, or, ifa Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. Unless agreed to in writing by Owner and Design/Builder, the Contract Times will commence to runi no later than thet ninetieth day after the last day forr receipt oft the Proposal or the thirtieth day after the Effective Date of the Agreement, whichever date 2. 3. accordance with Article 5. Proceed A. 4. 2.05 Initial Confèrence A. Within twenty days after the Contract Times start to run, Design/Builder will arrange a conference attended by Owner and Design/Builder and others as appropriate to establish a working understanding among the parties as to the Work andt to discuss the design concepts, schedules referred to inF Paragraph 2.04.B, procedures for handling Submittals, processing Applications for Payment, maintaining required records, items required pursuant to Paragraph 8.01.A.6 and B. At the initial conference Owner and Design/Builder each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and ise earlier. A. 2.03 Starting the Work Design/Builder shall start to perform the Work on the date when the Contract Times commence tor run. No Work shall be done at the Site prior tot thec date on which the Contract Times other matters. commence to run. EJCDC D-700 Standard General Conditions oft the Contract Between Owner and Design Builder. Copyright 0: 20091 National Society ofF Professional Engineers for EJCDC. Allr rights reserved. D-700-7 2020.003-ENG Taylor County Fire- - Station2 2 behalfofeachi respective party. 2.06 Initial Acceptance ofSchedules Standards responsibilities under the Contract. Such individuals shalll have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on 3.02 Reference A. Regulations. 1. Laws or Standards, Specifications, Codes, Reference to standards, specifications, manuals or codes of any technical society, organization or association, ort to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect on the Effective Date except as may be otherwise specifically stated in the specification, manual, or code, or instruction of a responsibilities of Owner, Design/Builder, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents, nor shall it be effective to assign to Owner or its officers, directors, members, partners, employees, agents, consultants, or subcontractors any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake A. At least ten days before submission of the first Application for Payment (unless otherwise provided in the Contract Documents), Design/Builder will: arrange a conference attended by Design/Builder, Owner and others as appropriatet to review for acceptability the schedules submitted in accordance with Paragraph2.04.B. Design/Builder shalll have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Design/Builder until the acceptable schedules are Contract Documents. 2. No provision shall be effective to Supplier, of such standard, any the duties and change submitted to Owner. 1. The progress schedule will be acceptable to Owner if it provides an orderly progression of the Work to completion within any specified Milestones and the Contract Times. Such acceptance will not impose on Owner responsibility for the progress schedule, for sequencing, schedulingor progressofthe Work nor interfere with nor relieve Design/Builder from Design/Builder's full responsibility Design/Builder's schedulc of Submittals will be acceptable to Owner if it provides a workable arrangement for reviewing and processing thei required Design/Builder's Schedule of Values will be acceptable to Owner as to form and substance ifit provides a reasonable allocation of the Contract Price to component parts of the work. therefor. inconsistent with the provisions of the responsibility Contract Documents. 3.03 Resolving Discrepancies 2. Submittals. 3. A. In the event ofa discrepancy between the Conceptual Documents on the one hand and the Proposal or Drawings or Specifications on the other hand, the Conceptual Documents will control except when Owner has approved a Submittal Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions ofthe Contract Documents pursuant to Paragraph 6.17.B. stated in the Contract B. and: Except as otherwise specifically ARTICLEJ-CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. B. 1. The provisions of any such standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the The provisions any Regulations applicable to the performance ofthe (unless such an interpretation of the provisions ofthe Contract Documents would result in violation of such The Contract Documents are complementary; what is called for by one is as binding as ifo called for by all. Itist thei intent ofthe Contract Documents including but not limited to the Conceptual Documents, the Drawings, and the Specifications to describe a functionally complete Project (or part thereof) to be designed and constructed in accordance with the Contract Documents. Design/Builder will furnish or perform all labor, documentation, services, materials, and equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result whether or not specifically called, for at no additional cost to Owner. Contract Documents); or of such Laws or Work 2. Law or Regulation). 3.04 Amending and. Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design Builder. Copyright 02 20091 National Society ofProfessional Engineers for EJCDC. Allr rights reserved. D-700-8 Taylor County Fire Station2 ways: I. 2. 3. 4. 2020.003-ENG thet terms and conditions thereofin one orr more ofthe following C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability ofdocuments resulting from the use of software application packages, operating systems, or computer hardware differing from those Owner's approval of required Submittals (pursuant to Paragraph6 6.17.B); A Work Change Directive; AC Change Order; AF Field Order. used by the data's creator. ARTICIE-AVALABLITY OF LANDS; DIFFERING SITE CONDITIONS; REFERENCE POINTS; HAZARDOUS ENVIRONMENTAL CONDITIONS 4.01 Availability ofLands A. 3.05 Reuse of Documents A. All documents including Drawings and Specifications prepared or furnished by Design/Builder pursuant to this Agreement are for Design/Builders own use, and Design/Builder shall retain an ownership and property interest therein whether or not the Project is completed. Owner may make and retain copies for information and reference in connection with the use and occupancy ofthel Project! by Owner and others. However, such documents are not intended or represented to be suitable for reuse by Owner or others on extensions ofthe Project or on any other project. Any reuse or any continued use after any termination without written verification or adaptation by Design/Builder for the specific purpose intended will be at Owner's sole risk and without liability or legal exposure to Design/Builder and Owner shall indemnify and hold harmless Design/Builder and Subcontractors from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation wille entitle Design/Builder to further compensation at rates to be agreed upon by Owner Owner shall furnish the Site. Owner shall notify Design/Builder of any encumbrances or restrictions not of general application but specifically related to use of the Site which Design/Builder will have to comply in performing the Work. Unless otherwise provided in the Contract Documents, Owner will obtain inat timely manner andj pay for easements for permanent structures or permanent changes in existing facilities. IfDesign/Builder and Owner are unable to agree on entitlement to or the amount or extent ofany adjustments ini the Contract Price or the Contract Times as a result of any delay in Owner's furnishing the Site, Design/Builder may make a Claim Upon reasonable written request, Owner shall furnish Design/Builder with a current statement ofrecord legal title and legal description oft the lands upon which the Construction ist to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws or Design/Builder shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. therefor as provided in Articie 9. B. and Design/Builder. 3.06 Electronic Data Regulations. C. A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner to Design/Builder or Design/Builder to Owner that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancyl between thee electronic files andt thel hard copies, the Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization ofthe data's creator, thep party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed tol have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the 4.02 Differing Site Conditions A. Design/Builder shall promptly, and before the conditions are disturbed, give a written notice to Owner of() subsurface or latent physical conditions at the Site which differ materially from those indicated in the Contract Documents, or (ii) unknown physical conditions at the Site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character called for by the Contract Documents. Owner will investigate the Site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease int the Design/Builder's cost of, or the time required for, performing any part of the Work, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the hard copies govern. B. B. transferring party. EJCDC D-700 Standard General Conditions oft the Contract Between Owner and Design Builder. Copyright 02 20091 National Society ofProfessional Engineers for EJCDC. All rights reserved. D-700-9 Taylor County Fire- - Station2 2 ina accordance with Article 9. 2020.003-ENG Contract Price or Times modified in writing by Change Order No request by Design/Builder for an equitable adjustment under Paragraph 4.02 shall be allowed unless Design/Builder has given the written notice required; provided that thet time prescribedi in 9.03.A for giving written notice may D. The provisions ofthis Paragraph 4.02 are not intended to applyt to al Hazardous Environmental Condition uncovered or any, in Contract Price or Contract Times as a result of such Construction stoppage or such special conditions under which Construction is agreed to be resumed by Design/Builder, either party may make a Claim therefor as provided in Article 9. D. If after receipt of such special written notice Design/Builder does not agree to resume Construction based on areasonable! beliefiti is unsafe, or does not agree to resume such Construction under such special conditions, then Owner may orders such portion ofthe Work thati ist related to such Hazardous Environmental Condition to be deleted from the Work. If Owner and Design/Builder cannot agree as to entitlement to or the amount or extent of an adjustment, ifany, in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Article 9. Owner may have such deleted portion ofthe Work performed by Owner's own forces or others in accordance with To the fullest extent permitted by Laws or Regulations, Owner shall indemnify and hold harmless Design/Builder, Subcontractors, Suppliers and the officers, directors, partners, employees, agents, other consultants and subcontractors of each and any of them from and against all claims, costs, losses and damages (including but not limited to all fees and charges ofe engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) arising out of or resulting from such Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Contract Documents to bei included in the scope ofthe Work, and (iii) was not created by Design/Builder or by. anyone for whom Design/Builder is responsible. Nothing in this Paragraph 4.04.E shall obligate Owner to indemnify any individual or entity from and against the consequences of that F. To the fullest extent permitted by Laws or Regulations, Design/Builder shall indemnify and hold harmless Owner,Owner's Consultant andt the officers, directors, partners, employees, agents, other consultants ands subcontractors ofeach and any of them from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) arising out ofc or resulting from such Hazardous Environmental Condition created by Design/Builder or anyone for whom Design/Builder isr responsible. Nothing in this Paragraph 4.04.F shall obligate Design/Builder to indemnify any individual or entity from and against the consequences of that individual's or entity's own C. be extended by Owner. revealed att the Site. 4.03 Reference Points A. Design/Builder shall be. responsible for laying out the Work and shall protect and preserve the reference points and property monuments established by Owner pursuant to Paragraph 8.01.A.6.e, and shall make no changes or relocations without the prior written approval of Owner. Design/Builder shall report to Owner whenever any reference point or property monument isl lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation ofs such reference points or property monuments by professionally 4.04 Hazardous Environmental Condition at. Site Design/Builder will not be responsible for any Hazardous Environmental Condition encountered at the Site which was not identified in the Contract Documents to be within the scope of the Work. Design/Builder shall be responsible for materials creating a Hazardous Environmental Condition created by any materials brought to the Site by Design/Builder, Subcontractors, Suppliers or anyone else for If Design/Builder encounters a Hazardous Environmental Condition, Desig/Builder shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Construction in connection with such condition andi in any area affected thereby (except in an emergency as required by Paragraph 6.16);a and (iii) notify Owner (and thereafter confirm such notice in writing). Owner shall promptly determine the necessity of retaining a qualified expert to evaluate such condition ort take corrective action, ifany. Design/Builder shall not be required to resume Construction in connection with such Hazardous Environmental Condition ori in any such affected areal until after Owner has obtained any required permits related thereto and delivered to Design/Builder written notice () specifying that such condition and any affected area is or has been rendered safe for the resumption of Construction, or (ii) specifying any special conditions under which such Construction may be resumed safely. IfOwner and Design/Builder cannot agree as to entitlement to or the amount or extent of an adjustment, if Article7. E. qualified personnel. A. individual's or entity's own negligence. whom Design/Builder is responsible. B. C. negligence. ARTICLES-BONDS AND INSURANCE 5.01 Performance, Payment and Other Bonds EJCDC D-700 Standard General Conditions oft the Contract Between Owner and Design Builder. Copyright 02009 National Society ofE Professional Engineers for EJCDC. All rights reserved. D-700-10 Taylor County Fire - Station2 2 A. 2020.003-ENG Design/Builder shall furnish performance and payment Bonds, eachi in ana amount at leaste equalt to the Contract Price as security for the faithful performance and payment of alll Design/Builder's obligations to furnish, provide and pay for Work and related materials under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. Design/Builder. shall also furnish such other Bonds asare required by the Contract Documents. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of" "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All Bonds signed by an agent or attomey-in-fact: must be accompanied by acertified copy oft that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed each bond. Ifthes surety on any Bond furnished by Design/Builder is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part ofthe Project is located or it ceases to meet the requirements of Paragraph 5.01.B and 5.02, Design/Builder shall within twenty days thereafter substitute another Bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and additional insured) which Owner is required to purchase and C. Failure of Owner to demand such certificates or other evidence of Design/Builder's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Design/Builder's obligation to Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate The insurance and insurance limits required herein shall not be deemed as a limitation on Design/Builder's liability under the indemnities granted to Owner and others in the maintain. maintain suchi insurance. to protect Design/Builder. D. E. B. Contract Documents. 5.04 Design/Builder's Insurance A. Design/Builder shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out ofori result from Dasgphalserpatfommner the Work and Design/Builder's other obligations under the Contract Documents, whether it is to be performed by Design/Builder, any Subcontractor or Supplier or by anyone directly or indirectly employed by any oft them toj perform any oft the Work, or by anyone for whose acts any of them may be C. 5.02. A. liable: 5.02 Licensed. Sureties and Insurers 1. acts; Claims under workers' compensation, disability benefits and other similar employee benefit 2. Claims based on the provision of professional services, including but not limited to the design services performed by Design/Builder, to be insured under a professional liability insurance policy or Claims for damages because ofbodily injury, occupational sickness or disease, or death of Claims for damages because ofbodily injury, sickness or disease, or death ofany person other than Claims for damages insured by reasonably available personal injury liability coverage which are sustained (i) by any person as a result of an offense directly or indirectly related to the employment of such person by Design/Builder, or (ii) by any other All Bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Design/Builder shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages sO required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided endorsement; 2. 3. 4. int the Supplementary Conditions. 5.03 Certificates of Insurance Design/Builder's employees; Design/Builder's employees; A. Design/Builder shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured or loss payee) which Design/Builder is Owner shall deliver to Design/Builder, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence ofinsurance requested by Design/Builder or any other required to purchase and maintain. B. person for any other reason; EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design Builder, Copyright 02 20091 National Society ofProfessional Engineers for EJCDC. All rightsr reserved. D-700-11 Taylor County Fire- Station 2 5. 2020.003-ENG Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use Claims for damages because of bodily injury or death ofany person or property damage arising out of the ownership, maintenance or use of any motor B. The policies of insurance required by paragraph With respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds Owner and Owner's Consultants and any other persons or entities indicated in the Supplementary Conditions (subject to any customary exclusion in respect of professional liability), all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, and employees, agents, and other consultants and subcontractors of each and any ofall such additional insureds, and thei insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; Include at least the specific overages and be written for not less than the limits ofl liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; Include contractual liability insurance covering Design/Builder's indemnity obligations under Paragraphs 6.11 and 6.21; Contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days' prior written notice has been given to Owner and each other additional insured indicated in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Design/Builder pursuant to Paragraph 5.03 will: so provide); Remain ine effect at least until final payment and at all times thereafter when Desigr/Builder may be correcting, removing or replacing defective Construction in accordance with Paragraphs 12.06and 6. Include completed operations coverage: b. Design/Builder shall furnish Owner and each other additional insuredi indicatedi in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year resulting therefrom; and 6. vehicle. 5.04.A shal!: 1. thereafter. 5.05 Owner's Liability Insurance A. In addition to thei insurance required tol be provided by Design/Builder under Paragraph 5.04, Owner, at Owner's option, may purchase andi maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. A. 5.06 Property Insurance Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Construction at the Site in the amount ofthe full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions orr required by Laws or Regulations). Thisi insurance will: 1. Include the interests of Owner, Owner's Consultant, Design/Builder, Subcontractors, and any other individuals or entities indicated in the Supplementary Conditions, andt the officers, directors, members, partners, employees, agents, and other consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as al loss payee; Be written on a Builder's Risk "all-risk" policy form that shall at least include insurance for physical loss and damage to the Construction, temporary buildings, falsework, and all materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws or Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Include expenses incurred in the repair or replacement ofany insured property (including but not limited to fees and charges of engineers and Cover materials and equipment stored at the Site or at another location that was agreed toi in writing by Owner prior to being incorporated in the Construction, provided that such materials and 2. 3. 4. 2. 5. Conditions: 3. architects); 4. 12.07; and a. Such insurance shall remain in effect for two years after final payment. EJCDC D-700 Standard General Conditions oft the Contract Between Owner and Design Builder. Copyright 02 2009 National Society of Professional Engineers for EJCDC. Allr rightsr reserved. D-700-12 Taylor County Fire- Station2 2 2020.003-ENG equipment have been included in an Application for Suppliers, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, and other consultants ands subcontractors ofeach and any ofthem) ins such policies and will provide primary coverage for all losses and damages caused by the perils or causes ofl loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Design/Builder waive all rights against each other and their respective officers, directors, members, partners, employees, agents, and other consultants and subcontractors of each and any oft them for all losses and damages caused by, arising out of or resulting from any ofthe perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Owner's Consultant, Subcontractors, Suppliers, and all other individuals or entities identified in the Supplementary Conditions as insureds or loss payees under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance. held by Owner as trustee or otherwise payable under Owner waives all rights against Design/Builder, Subcontractors, and Suppliers and the officers, directors, members, employees and agents ofany ofthem for: Payment approved by Owner; 5. Work; 6. 7. Allow for partial utilization by Owner oft the Include testing and start-up; and Be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner and Design/Builder with thirty days' written notice to each other loss payee to whom a certificate of Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary Conditions or Laws or Regulations which willi include the interests ofOwner, Owner's Consultants, Design/Builder, Subcontractors, and any other individuals or entities indicated in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as al loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained by Owner in accordance with this Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days' prior written noticel has been given to Design/Builder and to each other loss payee to whom a certificate ofinsurance has beeni issued and will contain waiver provisions in accordance with Paragraph 5.07. Owner shall not be responsible for purchasing and maintaining any property insurance to protect the interests of Design/Builder, Subcontractors, Suppliers, or others in the Work to the extent ofany deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Design/Builder, Subcontractor, or others suffering any such loss and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the IfDesign/Builder. requests in writingt that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Design/Builder by appropriate Change Order. Prior to commencement ofthe Work at the Site, Owner shall in writing advise Design/Builder whether or not such other insurance has insurance has been issued. B. any policy so issued. B. 1. Loss due to business interruption, loss ofuse, or other consequential loss extending beyond direct physical loss or damage to Owner's property caused by, arising out of or resulting from fire or other peril whether or not insured by Owner; and Loss or damage to the completed Project or any part thereof caused by, arising out of. or resulting from fire or other insured peril or cause or loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 13.06, after Substantial Completion pursuant to Paragraph 13.05, ora after final payment pursuant to Paragraph 13.08. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to inl Paragraph 5.07.B shall contain provisions tot the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers willl have no rights ofrecovery against Design/Builder, Subcontractors, Owner'sConsultant, and the officers, directors, members, partners, employees, agents, and other consultants and subcontractors ofeach and any ofthem. 5.08 Receipt and Application of Insurance Proceeds Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the insureds, as their D. 2. purchaser's own expense. E. C. been procured by Owner. 5.07 Waiver of Rights A. Owner and Design/Builder intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Owner's Consultant, Design/Builder, Subcontractors, A. EJCDC D-700 Standard General Conditions oft the Contract Between Owner and Design Builder. Copyright 02 20091 National Society ofProfessional Engineers for EJCDC. Allr rights reserved. D-700-13 Taylor County Fire- - Station 2 2020.003-ENG interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached the damagedConstruction: shall ber repaired or replaçed, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. Ifsuch objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. Ifno such agreement among the parties ini interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the 5.09 Acceptance of Bonds and Insurance; Option to A. Ifeither Owner or Design/Builder has any objection to the coverage afforded by or other provisions of the Bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of their not complying with the Contract Documents, the objecting party shall so notify the other party in writing within ten days after receipt of the certificates (or other evidence requested) required by Paragraph 2.04.C. Owner and Design/Builder shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all oft the Bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or ofs such failure to maintain prior to any change in the required coverage. Without prejudice to any otherright or remedy, the other party may elect to obtain equivalent Bonds or insurance to protect such other party's interests at the expense of the party who was supposed to provide such coverage, and a Change Order shall be issued 5.10 Partial Utilization, Acknowleagment of Property A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion ofall the Work as provided in Paragraph 13.06, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE6-DESIGN/BUILDERS RESPONSIBILITIES 6.01 Design Professional Services Order. B. A. SlandardofCare: The standard of care for all Design Professional Services performed or furnished by Design/Builder under this Agreement will be the care and skill ordinarily used by members ofthes subject profession practicing under similar conditions at the same time and in the same locality. B. Preliminary Design Phase: After the Contract Times I. Consult with Owner to understand Owner's requirements for the Project and review available data; 2. Advise Owner as to the necessity of Owner's providing or obtaining from others additional reports, data, or services of the types provided in Paragraph 8.01.A.6.a-g and assist Owner in obtaining such reports, 3. Identify and analyze requirements of governmental authorities having jurisdiction to approve the portions of the Project designed or specified by Design/Builder with whom consultation is to be undertaken in connection with the Project; 4. Obtain such additional geotechnical and related information which it deems necessary for performance of 5. Ont the basis ofthe Conceptual Documents and Design/Builder's Proposal, prepare preliminary design documents consisting of final design criteria, preliminary drawings, outline specifications, and written descriptions 6. Furnish the preliminary design documents to andreview them with Owner within the times indicated in the schedules described in Paragraphs 2.06.A.1 and 7. Identify any variations in the preliminary design documents from the Contract Documents in commence to run, Design/Builder shall: proper performance ofsuch duties. Replace data, or services; the Work; oft the Project; toa adjust the Contract Price accordingly. Insurance 2.06.A.2; and accordance with 6.17.B. Final Design Phase: C. After written acceptance by Owner of the preliminary design phase documents Design/Builder shall: EJCDC D-700 Standard General Conditions oft the Contract Between Owner and Design Builder. Copyright 92 2009 National Society of Professional Engineers for EJCDC. All rights reserved. D-700-14 Taylor County Fire - Station2 1. 2020.003-ENG On the basis of the accepted Preliminary Design Phase documents, prepare final Drawings showing the scope, extent, and character of the Construction to be performed and furnished by Design/Builder and Specifications (which will be prepared, where appropriate, in general conformance with the format recommended by the Construction Provide technical criteria, written descriptions, and design data required for obtaining approvals of such governmental authorities as have jurisdictiont to1 review or approve thet final designo ofthe Project, and assist Owner in consultations with Furnish the above documents, Drawings, and Specifications to and review them with Owner within the times indicated in the schedules described in Paragraphs 2.06.A.1 and 2.06.A.2; and Identify any deviations from other Contract Documents in accordance with Paragraph 6.17.B. 6.02 Supervision and Superintendence of Construction Design/Builder shall supervise, inspect, and direct the Construction competently and efficiently, devoting such attention thereto and applying such skills and expertise as may ber necessary top provide the Construction in accordance with the Contract Documents. Design/Builder shall be solely responsible fort the means, methods, techniques, sequences, and procedures of Construction. Design/Builder shall be responsible to see that the completed Construction complies fully with the Contract Documents and shall keep Owner advised as to the quality and progress oft the Construction. At all times during the progress of Construction, the Design/Builder shall assign a competent resident superintendent who shall not be replaced without written notice to Owner except under extraordinary circumstances. 6.03 Labor, Working. Hours 6.04 Services, Materials, and Equipment A. Unless otherwise specified ini the Contract Documents, Design/Builder shall furnish or cause to be furnished and assume: fullt responsibility fora all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities andi incidentals necessary for the performance, testing, start-up, All materials and equipment incorporated into the Work shall be as specified by Owner, or in the Drawings or Specifications, or ifnot specified shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Contract Documents shall expressly run to the benefit of Owner. If required by Owner, Design/Builder shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Specifications Institute); 2. and completion oft the Work. B. appropriate authorities; 3. 4. A. Documents. 6.05 Progress Schedule A. Design/Builder shall adhere to the progress schedule established in accordance with Paragraph 2.06.A as it may be adjusted from time to time as provided below: I. Design/Builder shall submit to Owner for acceptance proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall bes submitted in accordance with the requirements of Article 11.02. Such adjustments may only be made by a Change Order or. 6.06 Concerning Subcontractors, Suppliers, and Others Design/Builder shall not employ any Subcontractor, Supplier, or other individual ore entity against whom Owner may have reasonable objection. Design/Builder shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any. of the Work against whom Design/Builder has reasonable objection. Design/Builder shall be fully responsible to Owner for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any ofthe B. 2. A. Design/Builder shall provide competent, suitably qualified personnel to perform the Work as required by the Contract Documents. Design/Builder: shall at all times maintain Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Construction at the Site shall be performed during regular working hours, and Design/Builder will not permit overtime work or the performance of Construction on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be good discipline and order at the Site. A. B. B. unreasonably withheld). EJCDC D-700 Standard General Conditions oft the Contract Between Owner and Design Builder. Copyright 02 20091 National Society ofF Professional Engineers for EJCDC. Allr rightsr reserved. D-700-15 Taylor County Fire- Station2 2 2020.003-ENG Workj just as Design/Builder is responsible for Design/Builders own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner and any such Subcontractor, Supplier, or other individual or 2. shall create any obligation on the part of Owner to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws or Design/Builder shall be solely responsible for scheduling and coordinating Subcontractors, Suppliers, and other individuals and entities performing or furnishing any of the Work under a direct or indirect contract with Design/Builder shall require all Subcontractors, Suppliers, ands such otheri individuals ande entities performing or furnishing any of the Work to communicate with the Owner All Work performed for Design/Builder by a Subcontractor or Supplier will be pursuant to an appropriate Design Subagreement or Construction Subagreement between Design/Builder and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for thel benefit of Owner. Whenever any such agreement is witha a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Design/Builder and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Design/Builder, Owner's Consultant, and all other loss payees (and their officers, directors, members, partners, employees, agents, and other consultants and subcontractors of each and any ofthem) for all losses and damages caused by any ofthep perils or causes ofloss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Design/Builderv will obtain thes same. any license fee or royalty to others, the existence ofs such rights shall be disclosed by Owner in the Conceptual Documents. B. To the fullest extent permitted by Laws or. Regulations, Design/Builder shall indemnify and! hold harmless Owner and Owner's Consultant, and the officers, directors, partners, employees or agents, and other consultants ofeach and any of them from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attoreys and other professionals and all court or arbitration or other dispute resolution costs) arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work orresulting from thes specification or incorporation in the Work of any invention, design, process, product or device except those required by the Conceptual Documents. C. To the fullest extent permitted by Laws or Regulations, Owner shall indemnify and hold harmless Design/Builder and its officers, directors, members, partners, employees or agents, Subcontractors and Suppliers from and against all claims, costs, losses and damages (including but not limited to all fees and charges ofengineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device required by the Conceptual Documents, but not identified by Owner as being subject to payment of any license fee or royalty to others required by patent rights or entity; Regulations. C. Design/Builder. D. through Design/Builder. E. copyrights. 6.08 Permits A. Unless otherwise provided int the Contract Documents, Design/Builder shall obtain and pay for all necessary permits, licenses, and approvals of governmental authorities having jurisdiction over the Work. Owner shall assist Design/Builder, when necessary, in obtaining such permits, licenses and approvals. Design/Builder shall pay all governmental charges andi inspection fees necessary for the performance ofthe Work, which are applicable on the last day for receipt of Proposals. Design/Builder shall pay all charges of utility owners for connections for providing permanent service to the Work, and Owner shall pay all charges of such utility owners for capital costs related thereto. 6.09 Laws or Regulations 6.07 Patent Fees and Royalties A. Design/Builder shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device whichi is the subject ofp patent rights or copyrights held by others. Ifa particular invention, design, process, product, or device is specified in the Conceptual Documents for use in the performance of the Construction andi ifto the actual knowledge ofOwner its usei is subject toj patent rights or copyrights calling for the payment of A. Design/Builder shall give all notices required by and comply with all Laws and Regulations applicable to the performance oft the Work. Except where otherwise expressly required by applicable Laws and Regulations, Owner shall not be responsible for monitoring Design/Builder's compliance with any Laws or Regulations. EJCDC D-700 Standard General Conditions oft the Contract Between Owner and Design Builder. Copyright 02 20091 National Society of Professional Engineers for EJCDC. All rightsr reserved. D-700-16 Taylor County Fire- Station2 B. 2020.003-ENG If Design/Builder performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Design/Builder shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges ofengineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising Changes in Laws or Regulations not known on the Effective Date having an effect on the cost or time of performance may be the subject ofa change in Contract Price B. Removal of Debris: During the performance of the Construction, Design/Builder shalll keep the premises free from accumulations of waste materials, rubbish, and other debris resulting from the Construction. Removal and disposal ofsuch waste materials, rubbish, and other debris shall conform to Cleaning: Prior to Substantial Completion, Design/Builder shall clean the Site and make it ready for utilization by Owner. At completion of Construction, Design/Builder shall remove all tools, appliances, construction equipment, temporary construction and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. Loading Structures: Design/Builder shall not load nor permit any part ofa any structure tol bel loadedi in any manner that will endanger the structure, nor shall Design/Builder subject any part of the Construction or adjacent property to stresses or applicable Laws or Regulations. out ofor relating to such Work. C. C. or Contract Times. 6.10 Taxes A. Work. A. Desigr/Builder shall pay all sales, consumer, use, and other similar taxes required to be paid by Design/Builder in accordance with the Laws or Regulations of the place of the Project which are applicable during the performance of the D. pressures that will endanger it. 6.12 Record. Documents 6.11 Use ofSite and Other Areas Limitation on Use of Site and Other Areas. Design/Builder shall confine construction equipment, the storage of materials and equipment, and the operations of construction workers to the Site and other areas permitted by Laws or Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Design/Builder shall assume full responsibility for any damage to any such land or area, ortot the owner or occupant thereof or ofa any adjacent land or areas, resulting from the performance of the Should any claim be made by any such owner or occupant because of the performance of Work, Design/Builder shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at To the fullest extent permitted by Laws or Regulations, Design/Builder shall indemnify and hold harmless Owner, Owner's Consultants and anyone directly or indirectly employed by any oft them from and against all claims, costs, losses and damages (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration or other dispute resolution costs) arising out of or resulting from any claim brought by any such owner or occupant against Owner, or any other party indemnified! hereunder to the extent caused by or based upon Design/Builder's performance ofthe A. Design/Builder shall maintain in a safe place at the Site one record copy ofall Drawings, Specifications, Addenda, Change Orders, Field Orders and Work Change Directives in good order and annotated to show all changes made during performance of the Work. These record documents together with all approved Submittals will be available to Owner for reference. Upon completion of the Work, these record documents and Submittals will be delivered to Owner. 1. 6.13 Safety and Protection A. Design/Builder shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the' Work. Such responsibility does not relieve Subcontractors oft their responsibility for the safety of persons or property in the performance oft their work, nor for compliance with applicable safety Laws and Regulations. Design/Builder shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: Work. 2. law. 3. I. affected by the Work; 2. the Site; and 3. All persons on the Site or who may be All the Work and materials and equipment to be incorporated therein, whether in storage on or off Other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and underground facilities not designated for removal, relocation, or replacement in the course of construction. Construction. EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design Builder. Copyright 02 20091 National Society of Professional Engineers for EJCDC. All rights reserved. D-700-17 Taylor County Fire - Station 2 2020.003-ENG B. Design/Builder shall comply with applicable Laws and Regulations relating to the safety ofp persons or property,or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Design/Builder shall notify owners of adjacent property and of underground facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal,relocation, C. Design/Builder shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Design/Builder shall inform Owner of the specific requirements of Design/Builder's safety program with which Owner and its employees and representatives must comply All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or6.13.A.3 caused, directly or indirectly, in whole or in part, by Design/Builder, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be Design/Builder's duties and responsibilities for safety and for protection of the construction shall continue until such time as all the Work is completed and Owner hasi issuedar notice to Design/Builder in accordance with Paragraph 13.08.B that the Work is acceptable (except as otherwise expressly provided inc connection with Substantial Completion). 6.14 Safety Representative significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. Ifa change in the Contract Documents is required because of the action taken by Design/Builder in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Submittals A. and replacement of their property. Owner will review and approve Submittals in accordance with the schedule of required Submittals accepted by Owner as required by Paragraph 2.06.A. Owner's review and approval will be only to determine ift the items covered by the Submittals will, after installation or incorporation in the construction, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Owner's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval ofas separate item as such will not indicate approval of the assembly in which the item Owner's review and approval of Submittals shall not relieve Design/Builder from responsibility for any variation from the requirements of the Contract Documents unless Design/Builder has in a separate written communication at the time of submission called Owner's attention to each such variation and Owner has given written approval. Construction prior to Owner's review and approval of any required Submittal will be at the sole risk of while at the Site. E. functions. B. remedied by Design/Builder. F. C. Design/Builder. 6.18 Continuing the Work A. A. Design/Builder shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and 6.15 Hazard Communication Programs Design/Builder shall continue the Work and adhere to the progress schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as Design/Builder and Owner may otherwise agree in writing. programs. A. Design/Builder shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made availabletoor exchanged between or among employers at the Site in 6.19 Posi-Construction Phase Design/Builder shall: 1. equipment or system. 2. maintain the Work. A. accordance with Laws or Regulations. 6.16 Emergencies A. Provide assistance in connection with the start-up, testing, refining and adjusting of any Assist Owner in training staff to operate and Ine emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Design/Builder is obligated to act to prevent threatened damage, injury or loss. Design/Builder shall give Owner prompt written notice if Design/Builder believes that any EJCDC D-700 Standard General Conditions oft the Contract Between Owner and Design Builder. Copyright 02 20091 National Society of Professional Engineers for EJCDC. All rights reserved. D-700-18 Taylor County Fire Station2 3. 2020.003-ENG Assist Owner in developing systems and procedures for control of the operation and maintenance of and record keeping fort the Work. 6.20 Design/Builder's General Warranty and Guarantee Design/Builder warrants and guarantees to Owner that all Construction will be in accordance with the Contract B. Design/Builder's warranty and guaranteel hereunder excludes including the loss of use resulting therefrom) but only to the extent caused by any negligent act or omission of Design/Builder, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform or furnish any ofthe Work. In any and all claims against Owner, Owner's Consultant, or any of their respective consultants, agents, officers, members, directors, partners or employees by any employee (or the survivor or personal representative of such employee) ofD Design/Builder, any Subcontractor, any Supplier, any individual or entity directly or indirectly employed by any oft them to perform any oft the Work or anyone for whose acts any ofthem may bel liable, thei indemnification obligation under Paragraph 6.21.A shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Design/Builder or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts or other The indemnification obligations of Design/Builder under Paragraph 6.21.A shall not extend to the liability of Owner's Consultant, and their officers, directors, members, partners, employees, agents, other consultants, and subcontractors arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, designs, or A. B. Documents and will not! be defective. defects or damage caused by: 1. abuse, modification ori improper maintenance or operation by persons other than Design/Builder, Subcontractors, or Suppliers or any other individual for whom Design/Builder is responsible; or 2. C. normal wear and tear under normal usage. Design/Builder's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance ofWork thati is not in accordance with the Contract Documents orarelease ofDesign/Builder's obligation to perform the Work ina accordance with the Contract Documents: employee benefit acts. C. 1. 2. 3. Completion; 4. thereofby Owner; 5. 6. 7. Owner. 6.21 Indemnification Observations by Owner; specifications. Ther making ofany progress orf final payment; The issuance of a certificate of Substantial Use or occupancy of the Work or any part Any review and approval ofa Submittal; Anyi inspection, test, or approval by others; or Any correction of defective Construction by ARTICLE7-OTHER CONSTRUCTION 7.01 Related Work at. Site A. Owner may perform other Work related to the Project at the Site with Owner's employees, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. and 2. Written notice thereof will be given to Design/Builder prior to starting any such other work; if Owner and Design/Builder are unable to agree on entitlement to or on the extent, ifany, ofany adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, Design/Builder may make a Claim therefor as Design/Builder shall afford each other contractor who isap party to such a direct contract and each utility owner (and Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution ofsuch other work ands shall properly connect and coordinate the Work witht theirs. A. To the fullest extent permitted by Laws or Regulations, Design/Builder: shall indemnify and! hold! harmless Owner, Owner's Consultants, and' the officers, members, directors, partners, employees, agents, other consultants and subcontractors ofeach from: and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) arising out of or resulting from the performance oft the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), provided in Article 9. B. EJCDC D-700 Standard General Conditions oft the Contract Between Owner and Design Builder. Copyright 020091 National Society ofP Professional Engineers for EJCDC. Allr rights reserved. D-700-19 Taylor County Fire Station2 2020.003-ENG Unless otherwise provided in the Contract Documents, Design/Builder shall do all cutting, fitting, and patching ofthe Work that may be required to make its several parts come together properly and integrate with such other work. Design/Builder shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Design/Builder may cut or alter others' work with the written consent of Owner and the others whose work will be affected. The duties and responsibilities of Design/Builder under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Design/Builder in said direct contracts between Owner and such utility owners and other C. If the proper execution or results of any part of Design/Builder's Work depends upon work performed or services provided by others under this Article 7, Design/Builder shall inspect such other work and appropriate instruments of service and promptly report to Owner in writing any delays, defects or deficiencies in such other work or services that render itu unavailable or unsuitable for the proper execution and results ofDesign/Builder's Work. Design/Builder's failure sO tor report will constitute an acceptance of such other work as fit and proper for integration with Design/Builder's Work except for latent or nonapparent defects and deficiencies in such other disruption costs incurred by Design/Builder as a result of the other contractor'swronglul. actions or inactions. Design/Builder shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Design/Builder's wrongful action or ARTICLE8-OWNERSRESPONSIBILITIES C. inactions. 8.01 General A. contractors. Owner shall do the following in a timely manner so as Provide such legal services as Owner may require with regard to legal issues pertaining to the Project including any that may be raised by Ifr requested in writing by Design/Builder, furnish reasonable evidence satisfactory to Design/Builder that sufficient funds are available and committed for the entire cost of the Project. Unless such reasonable evidence is furnished, Design/Builder isnot required to commence or continue any Work, or may, if such evidence is not presented within a reasonable time, stop Work upon 15 days notice to the Make payments to Design/Builder promptly when they are due as provided in Paragraph 13.03 and Furnish the Site as set forth in Paragraph Furnish to Design/Bulder, as required for performance of Design/Builder's Services the following, all ofwhich Design/Builder may use and rely upon in performing services under this not to delay the services of Design/Builder: 1. Design/Builder; 2. work. 7.02 Coordination Owner; 3. 13.08; 4. 4.01.A; 5. A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. identified; 2. 3. The individual or entity who will have authority and responsibility for coordination of the activities among the various prime contractors will be The specific matters to be covered by such authority and responsibility will be itemized; and The extent of such authority and responsi- Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility Agreement: a. impact statements; b. surveys; C. d. strictions; e. bilities will be provided. Environmental assessment and Property, boundary, easement, right-of-way, topographic, and utility Property descriptions; Zoning, deed, and other land use re- Engineering surveys to establish reference points for design and construction B. inr respect ofs such coordination. 7.03 Legal Relationships utilities not under the control ofOwner. A. B. Paragraphs 7.01.A and 7.02 are not applicable for Each other direct contract of Owner under Paragraph 7.01.A shall provide thatt the other contractor is liable to Owner and Design/Builder for the reasonable direct delay and EJCDC D-700: Standard General Conditions oft the Contract Between Owner and Design Builder. Copyright C: 20091 National Society of Professional Engineers for EJCDC. All rights reserved. D-700-20 Taylor County Fire- Station2 2020.003-ENG which in Owner's judgment are necessary to enable Design/Builder to proceed with the Assistance to Design/Builder in filingo documents required to obtain necessary permits, licenses, and approvals of governmental authorities having jurisdiction Permits, licenses, and approvals of government authorities Owneri is specifically required to obtain by the Contract Identify all reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site, all drawings known to owner of physical conditions relating to existing surface or subsurface structures at the Site, and any information or data known to Owner concerning underground facilities at the Site. Review Submittals subject to Owner review Provide information known to Owner relating to the presence ofmaterials and substances at the Site which could create a Hazardous 8.05 Resident Project Representation Work; f. A. Owner may furnish a Resident Project Representative too observe the performance of Construction. The duties, responsibilities and limitations of authority of any, such Resident Project Representative and assistants will be as provided in the Supplementary Conditions. 8.06 Owner's Consultant over thel Project; g. A. Owner's Consultant, if any, has no duties, responsibilities, or authorities with respect to Design/Builder, unless so provided in the Supplementary Conditions. 8.07 Compliance with Safety Program Documents; and h. A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Design/Builder's safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. ARTICLE9- CHANGES IN THE WORK; CLAIMS 9.01 Authorized Changes in the Work 6. 7. pursuant tol Paragraph 6.17.A; and A. Without invalidating the Contract and without notice toa any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work within the general scope of the Contract by a Change Order or a Work Change Directive. Upon receipt of any such document, Design/Builder shall promptly proceed with the Work involved which willl be performed under the applicable conditions ofthe Contract Documents (except as otherwise specifically 9.02 Unauthorized Changes in the Work Environmental Condition. 8.02 Insurance A. Article 5. A. Owner's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in 8.03 Limitations on Owner's Responsibilities provided). A. Design/Builder shall not be entitled to an increase in the Contract Price or an extension oft the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Construction as provided in Paragraph 12.04. The Owner shall not supervise, direct, or have control ora authority over, nor be responsible for, Design/Builder's means, methods, techniques, sequences, or procedures of construction or the safety precautions and programs incident thereto, or for any failure of Design/Builder to comply with Laws or Regulations applicable to the furnishing or perfor- mance of the Work. Owner will not be responsible for Design/Builder's failure to perform the Work in accordance 8.04 Undisclosed Hazardous Environmental Condition Owner's responsibility in respect of undisclosed Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Materials uncovered or revealed at the Site is set forth in 9.03 Claims A. with the Contract Documents. Notice: If Owner and Design/Builder are unable to agree on entitlement to, or on the amount or extent, ifany, ofan adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of any order ofOwner pursuant to Paragraph 9.01.A or other occurrence for which the Contract Documents provide that such adjustment(s) may be made, a Claim may be made therefor. Written notice of intent to make sucha a Claim shall be submitted to the other party promptly and in no event more than 15 days after the start of the occurrence or event giving rise to the Claim. A. Paragraph 4.04. EJCDC D-700 Standard General Conditions oft the Contract Between Owner and Design Builder. Copyright 92 20091 National Society of Professional Engineers for EJCDC. Allr rights reserved. D-700-21 Taylor County Fire- Station 2 2020.003-ENG the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no! highert than those prevailing ini the locality ofthel Project, and shallt noti include any ofthe costsi itemizedi in Paragraphl 10.01.B, and shall include only the following items: B. C. Documentation: Substantiating documentation shall bes submitted by the claiming party within 30 daysafterdelivery oft the notice required by Paragraph 9.03.A. Decision: The other party shall render a decision on the Claim no more than 30 days after the receipt of the substantiating documentation required by Paragraph 9.03.B. This decision will be final and! binding unless thec claiming party gives notice ofi intention to exercise its rights under Article 15 within 30 days of receipt of the decision and exercises such rights within 30 days ofgiving the notice of intent. Time Limit Extension: The time limits of Paragraphs 9.03.B and 9.03.C may be extended by mutual agreement. 9.04 Execution ofChange Orders Change Orders covering: 1. 1. Payroll costs for employees in the direct employ of Design/Builder in the performance of the Work under schedules of job classifications agreed upon by Owner and Desigh/Builder. a. Such employees shall include without limitation superintendents, foremen, and other personnel employed full-time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the' Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health andi retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent Such employees shall also include engineers, engineering technicians, architects, and others providing Design Professional Services. For purposes of this Paragraph 001A1,Desgwbulcer shalll be entitled to payment for such employees an amount equal to salary costs times a factor, both as designated in the Agreement, for all services performed or furnished by such employees engaged on the Project. Costofall materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue tol Design/Builder unless Owner deposits funds with Design/Builder with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Design/Builder shall make provisions so that they may be obtained. Payments made by Design/Builder to Subcontractors (excluding payments for Design Professional Services pursuant to Paragraph 10.01.A.4) for Work performed or furnished by Subcontractors. Ifany subcontract provides that the D. A. Owner and Design/Builder shall execute appropriate Changes int the Work which are (i) orderedby Owner pursuant to Paragraph 9.01, (ii) required because ofaccepanceofdefeclive Construction under Paragraph 12.08 or Owner's correction of defective Work under Paragraph 12.09 or (ii) agreed to by the Changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performedi ina accordance witha a' Work Change parties; and 2. authorized by Owner. b. Directive. 9.05 Notice to. Sureties A. Ifnotice ofany change affecting the general scope of the Work or the provisions of the Contract Documents (including, butr not limited to, Contract Price or Contract Times) isr required byt thep provisions ofany Bond tol beg given toa a surety, the giving of any such notice will be Design/Builder's responsibility. The amount of each applicable Bond will be adjusted to reflect the effect ofany such change. ARTICLE 10-C COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK 10.01 Cost ofthe Work 2. A. Costs Included: The term Cost ofthe Work means the sum of all costs necessarily incurred and paid by Design/Builder in the proper performance of the Work. When the value ofWork covered by a Change Order or whena Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Design/Builder will be only those additional or incremental costs required because oft the change ofthe Work or because of 3. EJCDC D-700 Standard General Conditions oft the Contract Between Owner and Design Builder. Copyright 02 20091 National Society of Professional Engineers for EJCDC. All rights reserved. D-700-22 Taylor County Fire- Station 2 2020.003-ENG Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost oft the Work and fee shall be determined in the same manner as Design/Builder's Cost oft the Work and fee. Payments made by Design/Builder for Design Professional Services provided or furnished under al Design Subagreement. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed fors servicess! specifically related tot the Work. Supplemental costs including the following The proportion of necessary transportation, travel and subsistence expenses of Desig/Builders employees incurred in discharge of duties connected Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery,applances, officea and temporary facilities att the Site and handt tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property ofI Design/Builder. Rentals of all construction or engineering equipment and machinery and the parts thereof whether rented from Design/Builder or others in accordance with rental agreements approved by Owner, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereofis no longer necessary Sales, consumer, use, and other similar taxes related to the Work, and for which Design/Builder is liable, imposed by Deposits lost for causes other than negligence of Design/Builder, any Subcon- tractor or anyone directly or indirectly em- ployed by any of them or for whose acts any ofth them may be liable, and royalty payments and fees for permits and licenses. f. Losses, damages, and related expenses caused by damage to the Work not compensated by insurance or otherwise, sustained by Design/Builder in connection with the furnishing and performance of the Work provided they have resulted from causes other than the negligence of Design/Builder, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Design/Builder's fee. sanitary facilities at the Site. 4. 5. 6. items: a. g. h. The cost of utilities, fuel, and Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services,, and similar petty cash items in connection with the Work. Cost ofp premiums fora all Bonds and insurance Design/Builder is required by the Contract Documents to purchase and with the' Work. b. i. maintain. Costs Excluded: B. C. Thet term Cost ofthe Work shall noti include any ofthe Payroll costs and other compensation of Design/Builder's officers, executives, principals (of partnerships and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by Design/Builder whether at the Site or in! Design/Builder's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 10.01.A.1, all of which are to be considered administrative costs covered by the Design/Builder's fee. Expenses of Design/Builder's principal and branch offices other than Desgn/Buildersofhice: atthe followingi items: 1. fort the Work. d. Laws or Regulations. e. 2. Site. 3. Any part of Design/Builder's capital expenses, including interest on Design/Builder's EJCDC D-700 Standard General Conditions oft the Contract Between Owner and Design Builder. Copyright 9: 20091 National Society of Professional Engineers for EJCDC. All rights reserved. D-700-23 Taylor County Fire- Station 2 2020.003-ENG capital employed for the Work and charges against Design/Builder for delinquent payments. Costs due to the negligence of Design/Builder,8 any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 10.01.A. Design/Builders Fee: When all the Work is performed on the basis of cost-plus, Design/Builder's fee shall be as set forth in the Agreement. When the value of the Work covered by a Change Order is determined on the basis of Cost of the Work, Design/Builder's fee shall be determined as set Documentation: Whenever the cost ofany Work isto be determined pursuant to Paragraph 10.01.A and 10.01.B, Design/Builder will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Owner an itemized cost breakdown together with supporting data. 10.02 Cash Allowances A. Where the Contract Documents provide that all or part ofthe' Worki ist tol be Unit Price Work, initially the Contract Price will be deemed to include for all ofUnit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity ofeach item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison ofBids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Design/Builder will be made by Owner. Each unit price will be deemed to include an amount considered by Design/Builder to be adequate to cover Design/Builder's overhead and profit for each separately Design/Builder or Owner may make a Claim for an adjustment in the Contract Price in accordance with Article9if: the quantity of any item of Unit Price Work performed by Design/Builder differs materially and significantly from the estimated quantity of such item indicated in the Contract Documents; respect to any other item ofWork; and 4. 5. B. C. identified item. C. forth in Paragraph 11.01.C. 1. D. 2. 3. there is no corresponding adjustment with Design/Builder believes that it is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes it is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 11- CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT1 TIMES 11.01 Change of Contract Price A. The Contract Price includes all allowances so named in the Contract Documents. Design/Builder shall cause the Work so covered to be performed for such sums as may be acceptable to Owner. Design/Builder agrees that: I. The allowances include the cost to Desig/Bulderless: any applicable trade discounts)of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and Except as set forth in the Contract Docu- ments, Design/Builder's costs for unloading and handling on the Site, labor, installation costs, overhead, profit, and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account ofany ofthe foregoing Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due Design/Builder on account of Work covered by allowances, and the Contract Price 2. A. 9.03.A. B. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the Claim to the other party promptly in accordance with Paragraph The value ofany Work covered by a Change Order or ofany Claim for an adjustment in the Contract Price will be willl be valid. determined as follows: 1. B. Where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities ofthe items involved (subject to the provisions ofParagraph shall be correspondingly adjusted. 10.03 Unit Prices 10.03);or EJCDC D-700 Standard General Conditions oft the Contract Between Owner and Design Builder. Copyright 920091 National Society of Professional Engineers for EJCDC. Allr rights reserved. D-700-24 Taylor County Fire- Station2 2. 2020.003-ENG Where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.01.C.2); or Where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 11.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 10.01) plus a Design/Builder's Fee for overhead and profit (determined as provided in Paragraph 11.01.C). Desigm/Builder's Fee: The Design/Builder's fee for overhead and profit on Change Orders shall be determined as the basis ofthe net change in accordance with Paragraphs 11.01.C.2.a through 11.01.C.2.d, inclusive. 11.02 Change of Contract Times 3. A. The Contract Times (or Milestones) may only be changed by a Change Order. Any Claim for an adjustment of the Contract Times (or Milestones) shall be based on written Delays Beyond Desigm/Builder's Control: Where Design/Builder is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of Design/Builder, the Contract Times (or Milestones) willl be extendedi in an amount equal to thet time lost due to such delay ifa Claim is made therefor as provided in Paragraph 11.02.A. Delays beyond the control of Design/Builder shall include, but not be limited to, acts or neglect by Owner, governmental agencies, acts or neglect of utility owners or other contractors performing other construction work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts ofGod. If Owner or other contractor or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Design/Builder shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Design/Builder's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Design/Builder's ability to complete the Work within the IfD Design/Builder is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts ofGod, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Design/Builder, then Design/Builder shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Design/Builder's ability to complete the Work within the Contract Times. Such an adjustment shall be Design/Bulder's sole and exclusive remedy for the delays described in this Owner and Owner's Consultant shall not be liable to Design/Builder for any claims, costs, losses, or damages (including but not limited to all fees and charges ofe engineers, architects. attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Design/Builder on or in connection with any other project or Design/Builder shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the notice pursuant to Paragraph 9.03.A. B. C. follows: 1. 2. Ar mutually acceptable fixed fee; or Ifa fixed fee is not agreed upon, then a fee based on the following percentages of the various portions ofthe Cost ofthe Work: a. b. five percent; C. For costs incurred under Paragraphs 10.01.A.l.a and 10.01.A.2, the Design/Builder's fees shall be 15 percent; For costs incurred under Paragraph 10.01.A.3 10.01.A.4, 10.01.A.5 and 10.01.A.6, the Design/Builder's fee shall be Where one or more tiers ofs subcon- tracts are on the basis of Cost of the Work plus a fee and no fixed feei is agreed upon, the intent of Paragraphs 11.01.C.1 and 11.01.C.2.a is that the Subcontractor who actually performs or furnishes Work, at whatever tier, will be paid a fee ofl 15 percent of the costs incurred by such Subcontractor under Paragraphs 10.01.A.1 and 10.01.A.2 and that any higher tier Subcontractor and Design/Builder will each be paid a fee off five percent of the amount paid to the next lower The amount of credit to be allowed by Design/Builder to Owner for any change which results in a net decrease in cost willl be the amount oft the actual net decrease in cost plusad deduction inl Design/Builder's: feel by an amount equal to five percent of such net When both additions and credits are involved in any one change, the adjustment in Design/Builder's fee shall be computed on C. Contract Times. D. tier Subcontractor; d. Paragraph 11.02.C. E. decrease; and e. anticipated project. F. EJCDC D-700 Standard General Conditions oft the Contract Between Owner and Design Builder. Copyright 02 2009 National Society of Professional Engineers for EJCDC. Allr rights reserved. D-700-25 Taylor County! Fire Station2 2 2020.003-ENG control ofl Design/Builder. Delays attributable to and within the control ofa Subcontractor or Supplier shall be deemed to be delays within the control ofl Design/Builder. ARTICLE 12-TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE CONSTRUCTION 12.01 NoticeofDefects intention to cover the same and Owner has not acted with reasonable promptness in response to such notice. 12.04 Uncovering Construction A. Ifany Construction is covered contrary to the written requestofOwner, itmust, ifrequested by Owner, be uncovered for Owner's observation and recovered at Design/Builder's If Owner considers it necessary or advisable that covered Construction be observed by Owner or inspected or tested by others, Design/Builder, at Owner's request, shall uncover, expose or otherwise make available for observation, inspection or testing as Owner may require, that portion of the Construction in question, furnishing all necessary labor, material and equipment. Ifitis found that such Construction is defective, Design/Builder shall pay all costs and damages caused by or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals, all court or arbitration or other dispute resolution costs, and all costs ofr repair or replacement ofwork ofothers); and Owner shall be entitled to an appropriate decrease in the Contract Price, and, ift the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Article 9. If, however, such Construction is not found to be defective, Design/Builder shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Design/Builder may make a Claim expense. B. A. Owner shall give Design/Builder prompt written notice ofall defective Construction of which Owner has actual knowledge. All defective Construction may be rejected, corrected or accepted as provided in this Article 12. 12.02 Access to Construction A. Owner, Owner's Consultants, other representatives and personnel of Owner, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Site and the Construction at reasonable times for their observation, inspecting, and testing. Design/Builder shall provide them proper and safe conditions for such access and advise them of Design/Builder's Site safety procedures and programs sot that they may comply therewith as applicable. 12.03 Tests and Inspections A. Ifthe Contract Documents or Laws or Regulations of any public body having jurisdiction require any part of the Construction specifically to be inspected, tested or approved, Design/Builder shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish Owner the required certificates of inspection or approval. Design/ Builder shall also ber responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's acceptance of materials or equipment to be incorporated in the Work or of materials, mix designs, or equipment submitted for approval prior to Design/Builder's purchase thereof for incorporation int the Work. Design/Builder shall give Owner reasonable notice of the planned schedule for all required inspections, tests, or C. If any Construction (or the construction work of others) that is required to be inspected, tested, or approved is covered by Design/Builder without written concurrence of Owner, then Contractor shall, if requested by Owner, uncover Uncovering Construction as provided in Paragraph 13.03.E shall be at Design/Builder's expense unless Design/ Builder has given Owner timely notice of Design/Builder's therefor as provided in Article9. 12.05 Owner May. Stop Construction A. IfConstruction is defective, or Design/Builder fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform Construction in such a way that the completed Construction will conform to the Contract Documents, Owner may order Design/Builder to stop Construction or any portion thereof, until the cause for such order has been eliminated; however, this right ofOwner to stop Construction will not give rise to any duty on the part ofOwner to exercise this right for the benefit of Design/Builder or any 12.06 Correction or Removal of Defective Construction Owner will have authority to disapprove or reject defective Construction and will have authority to require special inspection or testing ofthe Construction whether or not the Construction is fabricated, installed or completed. If required by Owner, Design/Builder shall promptly, as directed, either correct all defective Construction, whether or not fabricated, installed or completed, or, if the Construction has B. approvals. other party. A. such Construction for observation. D. EJCDC D-700 Standard General Conditions oft the Contract Between Owner and Designl Builder. Copyright C2 2009 National Society of Professional Engineers for EJCDC. Allr rights reserved. D-700-26 Taylor County Fire- Station 2 2020.003-ENG been rejected by Owner, remove it from the Site and replace it with non-defective Construction. Design/Builder shall bear all direct, indirect, and consequential costs of such correction or removal (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and all court, arbitration, or other dispute resolution costs) arising out oforre relating to such correction or removal. 12.07 Correction Period incorporating the necessary revisions in the Contract Documents, and Owner shall be entitled to an appropriate decrease in the Contract Price reflecting the diminished value oft the Construction sO accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Article 9. Ifthea acceptance occurs after final payment, an appropriate amount will be paid by 12.09 Owner May Correct Defective Construction If Design/Builder fails within a reasonable time after written notice from Owner to correct defective Construction or to remove and replace rejected Construction as required by Owner in accordance with Paragraphs 12.06.A or 12.07.A,ori if Design/Builder fails to perform the Construction in accordance with the Contract Documents, or if Design/Builder fails to comply with any other provision of the Contract Documents, Owner may, after seven days' written notice to Design/Builder, In exercising the rights and remedies under this Paragraph 12.09 Owner shall proceed expeditiously. In connection with such corrective and remedial action, Owner may exclude Design/Builder from all or part of the Site, take possession of all or part of the Construction, and suspend Design/Builder's services related thereto, take possession of Desig/Builderstools. appliances, construction equipment and machinery at the Site, and incorporate in the Construction all materials and equipment stored at the Site or for which Owner has paid Design/Builder but which are stored elsewhere. Design/Builder shall allow Owner, Owner's Consultant, Owner's representatives, agents, employees, and other contractors access to the Site to enable Owner to exercise the rights andi remedies under this paragraph. All costs, losses, and damages (included but not limited to fees and charges of engineers, architects, attorneys and other professionals, all court or arbitration or other dispute resolution costs and all costs of repair or replacement of work of others) incurred or sustained by Owner in exercising such rights and remedies under this Paragraph 12.09 will be charged against Design/Builder and a Change Order will be issued incorporating the necessary revisions in the Contract Documents, and Owner shall be entitled to an appropriate decrease in the Contract Price. Ifthe parties are unable to agree as tot the amount thereof, Owner may make a Claim therefor as Design/Builder shall not be allowed an extension of the Contract Times (or Milestones)! because ofany delay in the performance of the Work attributable to the exercise by Owner ofOwner's rights and remedies under this Paragraph 12.09. ARTICLEIB-PAYMENTS TODESIGNBUILDER Design/Builder to Owner. A. If_within one year after the date of Substantial Completion oft the entire Work or such longer period oft time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Construction is found to be defective, Design/Builder shall promptly, without cost to Owner and in accordance with Owner's written instructions, () correct such defective Construction, or, if it has been rejected by Owner, remove it from the Site and replace ity with Construction that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Construction or the work of others resulting therefrom. If Desigr/Builder does not promptly comply with the terms ofsuch instructions, ori in an emergency where delay would cause: serious risk ofl loss or damage, Owner may have the defective Construction corrected or the rejected Construction removed and replaced, and all costs, losses, and damages caused by or resulting from such removal and replacement (including but not limited to all fees and charges ofe engineers, architects, attorneys and other professionals. all court or arbitration or other dispute resolution costs, and all costs ofrepair or replacement ofwork ofothers) will bep paid by B. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period fort that item may start to run from an earlier date if so provided in the Where defective Construction (and damage to other Construction resulting therefrom) has been corrected, removed or replaçed under this Paragraph 12.07, the correction period hereunder with respect to such Construction will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. 12.08 Acceptance of Defective Construction A. correct and remedy any such deficiency. B. Design/Builder. C. Conceptual Documents. C. provided in Article 9. D. A. If, instead of requiring correction or removal and replacement ofdefective Construction, Owner prefers to accept it, Owner may do SO. Design/Builder shall pay all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Construction. If any such acceptance occurs prior to final payment, a Change Order will be issued AND COMPLETION EJCDC D-700 Standard General Conditions oft the Contract Between Owner and Design Builder. Copyright 02 20091 National Society of Professional Engineers for EJCDC. Allr rights reserved. D-700-27 Taylor County Fire- -S Station2 2 13.01 Schedule of Values 2020.003-ENG within seven days after receipt ofthe notice by Owner, and after such seven day period, stop the Work until payment of the amount owing has been received. Written notice shall be deemed to have been duly served if sent by certified mail to the last known A. The Schedule of Values established as provided in Paragraph 2.06.A will serve as the basis for progress payments. Progress payments on account ofUnit Price Work will be based on the number of units completed. 13.02 Applicationf for Progress Payment business address ofOwner. the rate specified in the Agreement. 3. 4. Payments due but unpaid shall beari interestat Nol Progress Payment nor any partialorentire use or occupancy of the Project by Owner shall constitute an acceptance of any Work not in accordance with the Contract Documents. A. On or about the date established in the Agreement for submission of each application for progress payment (but not more often than once a month), Design/Builder shall submit to Owner for review an Application for Payment filled out and signed by Design/Builder covering the Work completed as of the date indicated on the Application and accompanied by supporting documentation as required by the Contract Documents. Ifpayment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied bya al bill ofsale, invoice or other documentation warranting that Owner has received the materials and equipment free and clear ofall Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which Beginning with the second Application for Payment, each Application shall include an affidavit of Design/Builder stating that all previous progress payments received on account of the Work have been applied on account to discharge Design/Builder's legitimate obligations associated with prior C. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. 13.03 Progress Payments B. Reduction in or Refusal to Make Payment: Owner may refuse to make the whole or any part ofanys such payment, or because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any previous payment, to the extent that is reasonably necessary to protect Owner from loss because: 1. or replacement; or 2. Change Order; or 3. Paragraph 12.09.A; or 4. Paragraphs 14.02.A.;or 5. ofthe Work; or 6. the Construction is defective, or completed Construction has been damaged requiring correction the Contract Price has been reduced by Owner has been required to correct defective Construction or complete Work in accordance with Owner has actual knowledge of the occurrence of any of the events enumerated in Claims have been made against Owner on account ofl Desiga/Builder's; performance or furnishing Liens have been filed in connection with the Work, except where Design/Builder has delivered a specific Bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; or There are other items entitling Owner toaset off against the amount for which application is made. IfOwner refuses to make payment of the full amount requested by Design/Builder, Owner must give Design/Builder immediate written notice stating the reasons for such action and promptly pay Design/Builder any amount remaining after deduction of the amount withheld. Owner shall promptly pay Design/Builder the amount withheld or any adjustment thereto will be satisfactory to Owner. B. Applications for Payment. A. procedure: 1. Procedure: Progress payments shall be made by the Owner to the Design/Builder according to the following Owner will, within ten days ofreceipt ofeach Application for Payment, either indicate in writing its acceptance of the Application and state that the Application is being processed for payment, or return the Application to Design/Builder indicating in writing its reasons for refusing to accept the Application. Not more than ten days after accepting such Application the amount will become due and when due will be paid by Owner to Design/Builder. IfOwner should fail to pay Design/Builderat thet time thej payment ofany amount becomes due, then Design/Builder may, at any time thereafter, upon serving written notice that he will stop the Work 7. C. 2. EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design Builder. Copyright 0: 20091 National Society ofProfessional Engineers for EJCDC. All rights reserved. D-700-28 Taylor County Fire- Station2 action. 2020.003-ENG agreed to when Design/Builder remedies the reason for such D. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1 and subject to interest as provided in the Agreement. 13.04 Design/Builder's Warranty ofTitle 1. Owner at any time may request Design/Builder in writing to permit Owner to use or occupy any such part of the Construction which Owner believes to be ready for its intended use and substantially complete. IfDesign/Builder agrees that such part of the Work is substantially complete, Design/Builder and Owner will follow the procedures ofParagraph 13.05 for that part of the Construction. 2. Design/Builder at any time may notify Owner in writing that Design/Builder considers any such part of the Work ready for its intended use and substantially complete and request Owner to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner and Design/Builder shall make an inspection of that part of the Work to determine its status of completion. IfOwner does not consider that part of the Work to be substantially complete, Owner will notify Design/Builder in writing giving the reasons therefor. IfOwner considers that part of the Work to bes substantially complete, the provisions ofParagraph 13.05 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and No use or occupancy of part of the Construction will be accomplished prior to compliance with the requirements of Paragraph 5.10 A. Design/Builder warrants and guarantees that title to all Construction, materials, and equipment covered by any Application for Payment, whether incorporatedi ini the Project or not, will pass to Owner no later than the time of payment free and clear ofall Liens. 13.05 Substantial Completion A. When Design/Builder considers the Work ready fori its intended use Design/Builder shall notify Owner in writing that the Work is substantially complete (except for items specifically listed by Design/Builder as incomplete) andr request that Owner issue a certificate of Substantial Completion. Promptly thereafter, Owner and Design/Builder shall make an inspection of the Work to determine the status of completion. IfOwner does not consider the Work substantially complete, Owner will notify Design/Builder in writing giving the reasons therefor. IfOwner considers the Work substantially complete, Owner will prepare and deliver to Design/Builder a certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a list of items to be completed or corrected before final payment. At the time of delivery of the certificate of Substantial Completion Owner will deliver to Design/Buildera written determination as to division of responsibilities pending final payment between Owner and Design/Builder with respect to security, operation, safety, protection of Construction, maintenance, heat, utilities, insurance and warranties and Owner will have the right to exclude Design/Builder from the Site after the date of Substantial Completion, but Ownerwill: allow Design/Builder reasonablea access to complete or correct items on the list of items to be completed. access thereto. 4. regarding property insurance. 13.07 Final. Inspection A. Upon written notice from Design/Builder that the entire Work or an agreed portion thereofi is complete, Owner will make a final inspection with Design/Builder and will notify Design/Builder in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Design/Builder shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. guarantees. B. 13.08 Final Payment 13.06 Partial Utilization A. Application for Payment. A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Construction which ()hass specifically beeni identified in the Contract Documents, or (i) Owner and Design/Builder agree constitute a separately functioning and usable part of the Construction that can be used! by Owner for its intended purpose without significant interference with Design/ Builder's performance ofthe remainder ofthe Construction, subject to the 1. After Design/Builder has completed all such corrections to the satisfaction ofOwner and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance, certificates of inspection, record documents (as provided in Paragraph 6.12) and other documents, Design/Builder may make application for final payment following the procedure for progress following: payments. EJCDC D-700 Standard General Conditions oft the Contract Between Owner and Design Builder. Copyright e: 2009 National Society of Professional Engineers for EJCDC. Allr rights reserved. D-700-29 Taylor County Fire - Station2 2 2. 2020.003-ENG The final Application for Payment shall be accompanied (unless previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence ofi insurance required by Paragraph 5.04.B.7; (ii) consent of the surety, ifany, to final payment; and (iii) complete and legally effective releases or waivers (satisfactory to Owner) of all Liens arising out of or filed in In lieu of such releases or waivers of Liens specified in Paragraph 13.08.A.2 and as approved by Owner, Design/Builder may furnish receipts or releases in full and an afidavitofDesigwBuilder that: ()t the releases andi receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with the Work for which Owner might in any way be responsible, or whichi in any way mightresulti in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish sucha arelease or receipti in full, Desig/Builder may furnish al Bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. Final. Payment and Acceptance: IfOwner is satisfied that the Work has been completed and Design/Builder's other obligations under the Contract Documents have been fulfilled, Owner will, within ten daysafter receipt ofthe final Application for Payment, give written notice to Design/Builder that the Work is acceptable. Otherwise, Owner will return the Application tol Design/Builder, indicatingi in writing the reasons for refusing to process final payment, in which case Design/Builder shall make the necessary corrections and Payment Becomes Due: Thirty days after the presentation to Owner of the acceptable Application and accompanying documentation, in appropriate form and substance and with Owner's notice ofa acceptability, the amount willl become due and will be paid by Owner to Design/Builder. conditions governing final payment, except that it shall not constitute a waiver ofClaims. 13.10 Waiver ofClaims A. constitute: 1. The making and acceptance of final payment will A waiver of all Claims by Owner against Design/Builder, except Claims arising from unsettled Liens, from defective Construction appearing after final inspection pursuant to Paragraph 13.07, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Design/Builder's continuing obligations under A waiver of all Claims by Design/Builder against Owner other than those previously made in connection with the Work. 3. the Contract Documents; and writing and still unsettled. 2. ARTICLE14-SUSPENSION OF WORK. AND 14.01 Owner May Suspend Work TERMINATION B. A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 days by notice in writing to Design/Builder which will fix the date on which Work willl be resumed. Design/Builder: shall resume the Work on the date sO fixed. Design/Builder shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Design/Builder makes a Claim therefor as resubmit the Application. provided in Article9. C. 14.02 Owner May Terminate for Cause events, justifies termination for cause: A. The occurrence of any one or more of the following Design/Builder's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere tot the progress schedule established under Paragraph 2.06.A as adjusted from time to time pursuant to Paragraph 6.05). Design/Builder's disregard of Laws or Regulations ofa any public body having jurisdiction. Design/Builder's violation in any substantial way ofprovisions of the Contract Documents. If one or more of the events identified in Paragraph 14.02.A occur, Owner may, after giving Design/Builder (and I. 13.09 Final Completion Delayed A. If, through no fault of Design/Builder, final completion of the Work is significantly delayed, Owner shall, upon receipt ofDesig/Builderst final Application for Payment, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or correctedi is less than ther retainage stipulated in the Agreement, and if Bonds have been furnished as required in Paragraph 5.01.A, the written consent of the surety to the payment ofthel balance due for that portion ofthe Work fully completed and accepted shall be submitted by Design/Builder to Owner with the Application for such payment. Such payment shall be made under the terms and 2. 3. B. EJCDC D-700 Standard General Conditions oft the Contract Between Owner and Design Builder. Copyright 02 20091 National Society ofProfessional Engineers for EJCDC. Allr rights reserved. D-700-30 Taylor County Fire Station 2 2020.003-ENG the surety, if any) seven days' written notice, terminate the services of Design/Builder, take possession of any completed Drawings and Specifications prepared by or for Design/Builder (subject ttot the indemnification provisions of Paragraph3.05.A), exclude Design/Builder from the Site, and take possession of the Work and of all Design/Builder's tools, appliances, construction equipment and machinery at the Site and use the same to the full extent they could be used by Design/Builder (without liability to Design/Builder for trespass or conversion), incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Design/Builder but which are stored elsewhere, and finish the Work as Owner may deem expedient. In such case Design/Builder shall not be entitled to receive any further payment until the Work is finished. Ifthe unpaid balance ofthe Contract Price exceeds all costs, losses and damages sustained by Owner arising out of or resulting from completing the Work (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) such excess will be paid to Design/Builder. If such costs, losses and damages exceed such unpaid balance, Design/Builder shall pay the difference to Owner. Such costs, losses and damages incurred by Owner will be incorporated in a Change Order. When exercising any rights or remedies under this paragraph Owner shall not be required to obtain the lowest Notwithstanding Paragraph 14.02.B, Design/ Builder's services will not be terminated if Design/Builder begins, within seven days ofreceipt of notice of intent to terminate, to correct its failure toj perform and proceeds diligently to cure such failure within no more than 30 days ofreceipt ofs said notice. Where Design/Builders services have been sO terminated by Owner, the termination will not affect any rights or remedies of Owner against Design/Builder then existing or which may thereafter accrue. Any retention or payment of moneys due Design/Builder by Owner will not release 14.03 Owner May Terminate for Convenience Work, plus fair and reasonable sums for overhead and Amounts paid in settlement of terminated contracts with Subcontractors, Suppliers and others (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs incurred in connection with termination of contracts with Subcontractors, Suppliers and others); profit on such expenses; 3. and 4. termination. Reasonable expenses directly attributable to Except as provided in Paragraph 14.03.C, Design/Builder shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out ofor resulting from such termination. 14.04 Design/Builder May. Stop Work or Terminate If, through no act or fault ofDesig/Builder, the Work is suspended for a period of more than 90 days by Owner or under an order of court or other public authority, or Owner fails toact on any Application for Payment within thirty days after it is submitted or Owner fails for thirty days to pay Design/Builder any sum finally determined to be due, then Design/Builder may. upon seven days' written notice to Owner, and provided Owner does not remedy such suspension or failure within that time, terminate the Agreement and recover from Owner payment on the same terms as provided in Paragraph 14.03.A. In lieu of terminating the Agreement and without prejudice to any other right or remedy, ifOwner has failed for 30dayst top pay Design/Builder: any sum finally determined tol be due, Design/Builder may upon seven days' written notice to Owner stop the Work until payment is made ofall such amounts due Design/Builder, including interest thereon. The provisions of this Paragraph 14.04.A are not intended to preclude Design/Builder from making Claim under Article 9 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Design/Builder's stopping Work as permitted by this paragraph. ARTICLE 15-DISPUTE RESOLUTION 15.01 Methods and Procedures B. A. price for the Work performed. C. D. Design/Builder from liability. A. Upon seven days' written notice to Design/Builder, Owner may, without cause and without prejudice to any other right or remedy of Owner, elect to terminate the Contract. In such case, Design/Builder shall be paid (without duplication of any items) for: 1. Work; 2. Completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Expenses sustained prior to the effective date oft termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted A. Dispute resolution methods and procedures, if any, shall be as set forth in the Supplementary Conditions. Ifno such method and procedure has been set forth, Owner and Design/Builder may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect ofany dispute. EJCDC D-700 Standard General Conditions of the Contract Between Owner and Design Builder. Copyright 02 2009 National Society of Professional Engineers for EJCDC. All rights reserved. D-700-31 Taylor County Fire - Station 2 ARTICLE 16-MISCELLANEOUS 16.01 Giving Notice A. 2020.003-ENG Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given ifdelivered inj person to thei individual or to a member of the firm or to an officer of the corporation for whom it is intended, or ifdelivered at or sent by certified mail, postage prepaid, to the last business address known to the giver oft the notice. 16.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. Ifthe last day ofany such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 16.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not tol be construed in any way asa limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by: 1. Laws or Regulations; or 2. any special warranty or guarantee; or 3. other provisions of the Contract Documents. The provisions of Paragraph 16.03.A will be as effective as if repeated specifically in the Contract Documents inc connection with each particular duty, obligation, right and B. remedy to which they apply. 16.04 Survivalo ofObligations A. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Contract. 16.05 Controlling Law A. The Contract Documents will be construed in accordance with the law ofthe place of the Project. EJCDC D-700 Standard General Conditions oft the Contract Between Owner and Design Builder. Copyright 9: 2009 National Society of Professional Engineers for EJCDC. Allr rights reserved. D-700-32 Taylor County Fire- Station2 2 2020.003-ENG Supplementary Conditions These Supplementary Conditions amend or supplement the Standard General Conditions oft the Contract Between Owner and Design/Builder (No. D-700, 2009 Edition) and other provisions of the Contract Documents as indicated below. All provisions which are not SO amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. SC-1.01 Add the following new definition after 1.01.48: "+9: Gross Negligence- Any act or omission which when viewed objectively. from the standpoint of the actor at the time ofi its occurrence involves an extreme degree ofrisk, considering the probability and magnitude of the potential harm to others; and of which the actor has actual, subjective awareness of the risk involved, but nevertheless proceeds with conscious indifference to the rights, safety, or welfare ofothers. * SC-4.02A Add the following new Paragraph after 4.02.D: "Severe inclement weather shall not constitute a differing Site condition, but will entitle the Design/Builder to consideration of additional contract time." SC-4.04A Delete Paragraph 4.04.A in its entirety and insert the following: "A. Design/Builder will not be responsible for any Hazardous Environmental Condition encountered at the Site except as specifically provided. for herein. Design/Builder shall be responsible for materials creating a Hazardous Environmental Condition only where such condition is created by Design/Builder, Subcontractors, Suppliers or anyone else for whom Design/Builder is responsible. SC-4.04B Add the following partial sentence to the beginning of Paragraph 4.04.B: "Except to the extent a. Hazardous Condition is identified as the Work, SC-4.04D Add the following paragraphs between Paragraph 4.04.D and 4.04.E: "E. Ownershall disclose to. Design/Builder the location and types ofany known or suspected toxic, hazardous or chemical materials or wastes existing on or near the premises upon which work is to be performed by Consultants employees or subcontractors. Ifany Hazardous Wastes not identified by Owner in the Contract Documents are discovered afier this Agreement is executed, the Work, schedule and compensation shall be adjusted upon mutual agreement ofOwner and Design/Builder. F. Owner acknowledges that Design/Builder is performing professional services for Owner, and that Desigm/Bulder is not and. shall not become a Potentially Responsible Party (such as an "arranger", "operator", 'generator". "transporter", "treator". "storer", "handler", or "disposer" as defined the CERCLA or RCRA,) related to any Hazardous Environmental Condition or any Hazardous Waste which are or may be encountered at or near the Site or in connection with Desigm/Builder: 'sc activities under this Agreement. SC-4.04E Delete Paragraph 4.04.E ini its entirety and insert the following: "G. For claims involving or related to any Hazardous Environmental Condition, pollution, toxic substances or Hazardous Waste and to the fullest extent permitted by Laws or Regulations, Owner agrees to release, defend, Supplementary Conditions- - I Taylor County Fire- - Station2 2 2020.003-ENG indemnify and hold harmless Design/Builder and its officers, directors, employees, agents, and Subcontractors of each and any ofthem from (1) all liability, (2) claims (including, without limitation, claims of Owner and other third parties, persons, organizations, or agencies, whether public or private), (3) demands, (4) damages, (5) losses, (6)_fines, (7). penalties, and (8) expenses (including without limitation reasonable attorney" sfees, court costs, arbitration costs or other dispute resolution costs) arising out of or resulting from any Hazardous Environmental Condition, provided: (i) that such liability, claim, demand, damage, loss, fine, penalty or expense isnot due to the Design/Builder Gross Negligence or reckless disregard of its obligations under this Agreement; or (i) that such Hazardous Environmental Condition, pollution, toxic substance or Hazardous Waste was not created by Design/Builder or anyone. for whom Design/Builder is responsible. Such indemnification and release includes claims which arise out ofthe actual, alleged, or threatened dispersal, escape, or release ofchemicals, wastes, liquids, gases or any other material, irritant, contaminant or pollutant (whether sudden or not); indemnification shall also extend to claims or allegations that Design/Builder is a "Potential Responsible Party" or to "Environmental Impact Claims" and associated liabilities, including damages assessed Design/Builder, including anyfinding or strict liability orj joint and. several liability. This indemnification obligation shall. survive the completion oftermination ofthis agreement. " SC-5.04 Add the following new paragraph immediately after Paragraph 5.04.B: C. The limits ofliability for the insurance required by Paragraph 5.04 of fthe General Conditions shall provide coverage for not less than the following amounts or greater where required by Workers' Compensation, for each accident (coverage to include all employees working on the Laws and Regulations: 1. project): a. State b. C. 2. Statutory Statutory $100,000 Applicable Federal (e.g., Longshoreman 's) Employer 's Liability General Liability shall include completed operations and product liability coverages and eliminate any exclusion with respect to property under the care, custody and control of Respondent: a. b. C. d. e. f General Aggregate $1,000,000 $1,000,000 $1,000,000 $1,000,000 Products Completed Operations Aggregate Personal and. Advertising Injury Each Occurrence (Bodily Injury and Property Damage) ground coverages where applicable. Excess or Umbrella Liability 1) General Aggregate 2) Each Occurrence Property Damage liability insurance will provide Explosion, Collapse, and Under- $1,000,000 $1,000,000 3. Automobile Liability covering owned, hired, and non-owned vehicles to also include loading and unloading hazards: a. Bodily Injury: 1) Each person 2) Each. Accident b. Property Damage: 1)Each Accident C. Combined Single Limit of $1,000,000 $1,000,000 $500,000 $1,000,000 Supplementary Conditions-2 Taylor County Fire- Station2 2 2020.003-ENG 4. The Contractual Liability coverage shall provide coveragefor not less than the following amounts: a. b. Bodily Injury: 1) Each Accident 2). Annual Aggregate Property Damage: 1) Each Accident 2). Annual Aggregate $1,000,000 $1,000,000 $1,000,000 $1,000,000 SC-5.04.B.1. Additional Insureds: Taylor County Board of County Commissioners SC-5.06.A Property Insurance The Builder's Risk coverage will be provided by the Design/Builder. SC-6.06 Add a new paragraph immediately after Paragraph 6.06.E: G. The Contractor shall not award work valued at more than sixty (60%) percent of the Contract Price to Subcontractor(s, without prior written approval ofthe Owner. SC-6.08 Add a new paragraph 6.08.B immediately after Paragraph 6.08.A: "B. Permits secured from the County, City, Florida Department of Transportation, Florida Department of Health, Suwannee River Water Management District, Army Corp of Engineers or the Florida Department of Environmental Protection and. specific requirements shall be strictly adhered to, including all requirements. for the protection ofwetlands and Manatees, fapplicable. SC-6.10 Add a new paragraph immediately after Paragraph 6.10.A: B. Owner is exempt) from payment ofsales and compensating use taxes ofthe State of Florida and of cities and counties thereof on all materials to be incorporated into the Work which are Direct Purchased by Owner. 1. 2. Owner will furnish the required certificates of tax exemption to Contractor for use in the Owner 's exemption does not apply to supplies, materials. or construction tools. machinery, equipment, or other property purchased by or leased by Contractor, or to supplies or materials purchase ofDirect Purchased: supplies and materials to be incorporated into the Work. not incorporated into the Work. SC-8.05.B. Add a new paragraph 6.08.B immediately after Paragraph 8.05.A: 1. The County will provide Project Representative services for this project. All work performed.for this project shall be inspected by an authorized representative of the Board of County Commissioners ofTaylor County on afive day, 8:00a.m. - 5:00p.m., Monday through Friday work week, excluding County-designated holidays. Ifweekend work becomes necessary, it must be authorized. by the County 's representative at least three days prior to scheduling ofsuch work. Supplementary Conditions-3 Taylor County Fire- Station 2 2020.003-ENG a. The authorized representative shall be given no less than 24 hours prior notice of the expected time and date ofp pertinent aspects ofthis project to include, but not be limitedt to, concrete pours, b. Thej following individuals, in the listed order, will be the responsible agent(s)) for the County: material deliveries, lane closures etc. Kenneth. Dudley, County Engineer Dan Cassel, County. Fire Chief LaWanda Pemberton, County. Administrator SC-6.17.A Add the following partial sentence to the end of the first sentence ofl Paragraph 6.17.A: "which shall include 15 days for the OWNER 's review and approval" SC-6.20.D. Add new paragraphs immediately after Paragraph 6.20.C: Work isfound, the Owner shall promptly notify the Design/Builder in writing. "D.Iprior to Final. Acceptance and within one. year afier the date ofFinal Acceptance ofthe Work, any Defective 1.1 Unless the Owner provides written acceptance ofthe condition, the Design/Builder shall promptly correct the Defective Work at its own cost and time and bear the expense ofadditional services required, for correction of any Defective Work for which it is responsible. Ifwithin the period of time for correction ofDefèctive Work, the Owner discovers and does not promptly notif the Design/Builder or give the Design/Builder an opportunity to test and/or correct Defective Work as reasonably requested by the Design/Builder, the Owner waives the Design/Bulder's obligation to correct that Defective Work as well as the Owner's right to claim a breach oft the 2. Ifthe Design/Builder, fails to correct Defective Work within a reasonable time afer receipt of written notice from the Ownerprior toj final payment, the Owner may correct such Defective Work. Insuch case, an appropriate Change Order shall be issued deducting the cost ofcorrecting such deficiencies from payments then or thereafter due the Design/Builder. Ifpayments then or thereafter due Design/Builder are not sufficient to cover such 3. Ifthe Owner discovers any Defective Work, the Owner shall, unless the Defective Work requires emergency correction, promptly notify the Design/Builder. The Design/Builder and Owner shall mutually agree upon whether the Design/Builder shall complete the correction of Work. Design/Builder and Owner agree that the Design/Builder will correct the Defective Work, the Design/Builder and Owner shall mutually agree upon the nature of the corrective action to be taken and the allowable time frame for effecting such action. If the Design/Builder does not correct the Work, the Owner may have the Work corrected by itself or by others and charge the Design/Builder, for the reasonable cost ofthe correction. Owner shall provide Design/Builder with an 4. Ifthe Desigm/Builder's correction or removal ofDefective Work causes damage to or destroys other completed or partially completed construction, the Design/Bullder shall be responsible for the cost of correcting the 5. The period oftime for correction of Defective Work does not constitute a limitation period with respect to the enforcement ofthe Desigm/Bulder'sather. obligations under the Contract. Documents or the Owner' 'srights under warranty with respect to that Defective Work. amounts, the Design/Builder shall pay the difference to the Owner. accounting ofcorrection costs it incurs. destroyed or damaged construction. any applicable statute oflimitations. Supplementary Conditions- 4 Taylor County Fire- Station 2 2020.003-ENG 6.1 Prior to final payment, at the Owner's option and with the Design/Builder's agreement, the Owner may elect to accept Defective Work rather than require its removal and correction. In such case the Contract Price shall be equitably adjusted. SC-9.03.A Add the following language at the end of paragraph 9.03.A: Replace the phrase "after the start of the occurrence or event giving rise to the Claim' with the phrase "after failure to reach agreement. SC-11.01.B.2 Add the following language at the end of paragraph 11.01.B.2: "change in contract price shall be determined" SC-11.02.D Add the following language in of paragraph 11.02.D: "an equitable adjustment in Contract Times or Contract Price or both, ifsuch adjustment... SC-13.02.C Add the following language at the end of paragraph 13.02.C: retainage, or invest the retainage for the benefit ofthe Design/Builder. "No payments will be made that would deplete the retainage, place in escrow anyf funds that are requiredfor SC-13.03.A.1 Delete Paragraph 13.03.A.1 in its entirety and insert the following in its place: "1. Owner will, within ten days of receipt of each Application for Payment, either indicate in writing its acceptance of the Application and state that the Application is being processed for payment, or return the Application to Design/Builder indicating in writing its reasons for refusing to accept the Application. The Application) for Payment with Owner's srecommendations will be presentedi to the BoardofCounty Commissioners for consideration. Ifthe Board of County Commissioners finds the Application for Payment acceptable, the recommended amount less any reduction under the provisions of Paragraph 13.03.B will become due thirty days afier the Application for Payment is presented to the County, and the County will make payment t0 the Design/Builder. SC-16.05.B Add a new paragraph immediately after paragraph 16.05.A: litigation as a result ofthis agreement shall be exclusively in Taylor County. Florida. "B. This Agreement shall be governed in all respects by the laws of the State of Florida. The venue ofany Supplementary Conditions-5 ATTACHMENT A-DESIGN CRITERIA PACKAGE Taylor County Fire - Station2 2 2020.003-ENG DESIGN CRITERIA PACKAGE Attachment. A ARTICLE1 - PROJECT DESCRIPTION 1.01 Taylor County Fire = Station 2 is a Design-Build Improvement Project. The intent of this solicitation is to include securing all programming, design, permitting, construction, labor and equipment required fort the Taylor County Fire - Station 21 Project in Taylor County, Florida. This project shall include, but is not limited to, providing and performing all work necessary (i) for the design and construction ofthe project, (ii) to furnish efficient design and construction administration, supervision and superintendence, and (iii) for site development tasks, permitting, regulatory matters, approvals, testing, surveying, environmental mitigation, geotechnical, traffic management, architectural, engineering, landscaping, security, exterior, structural and interior design, acoustical, lighting, construction, post-construction, accounting and control, coordination and efficient management to facilitate completion of the project, as more fully detailed in the Design Criteria Package. ARTICLE2 2.01 Site information: Taylor County Fire - Station 2 2762 Pisgah Rd Perry, FL 32347 Parcel #03-04-07-02127-000 Potable Water/Sewer- - On-Site; See FDOH Sanitary Sewer- On-Site; See FDOH Electric Service - Duke Energy, 727.224.6345 2.02 Utility Information Communications. - Consolidated Communications, 844.968.7224 Pop's Sanitation Services, LLC - Solid Waste, 855.563.9400 Florida Department of Health - 850.584.5087, Anthony Carter Florida Building Code - Accessibility, 2023 Edition Florida Building Code - Plumbing, 2023 Edition Florida Building Code - Mechanical, 2023 Edition Fire Protection - Florida Fire Code, gth Edition & NFPAI 13 2.03 Construction Standards: Florida Building Code - Building, 2023 Edition ARTICLE3 FACILITYISITE AVAILABILITY 3.01 The site is currently vacant and unimproved with no known restrictions relating to site accessibility. Work Efforts should be mindful ofadjacent roadways and residents sO as not to interfere or obstruct 3.02 The Design/Builder Firm must account for proper Maintenance of Traffic when affected during relevant portions of the project, as well as providing personnel accessibility for periodic and routine 3.03 Work hours for this project shall be during daylight hours only unless authorized in writing by the adjacent properties and all means of public access. project inspections. Project Administrator. Attachment A-1 Taylor County Fire - Station2 4.01 Bound Separately 2020.003-ENG ARTICLE4 -DESIGN INTENT DRAWINGS ARTICLES -SCOPE OF WORK/DESIGN Owner is soliciting proposals from qualified persons, firms, partnerships, corporations, associations, or professional organizations to provide comprehensive professional Design-Build services to Owner for the design and construction oft the Taylor County Fire - Station 2 Project in Taylor County, Florida. 5.01 The Design-Builder Services required will be governed by the terms and conditions of the Owner's Design/Builder Agreement for a Stipulated Price. The project budget is supported in part by a $580,000 appropriation from the Florida Department of Financial Services (#FM539-ITF) and an additional $700,000 of local funding. A general outline of the minimum services required follows: 5.01.1 All Design Disciplines necessary to develop complete documents for the project, including but not limited to demolition, environmental protection and consideration, the complete construction effort, surrounding site(s), utility connections, continuous project 5.01.2 Cost Estimating services at all design intervals/phases - Design Development, 5.01.3 Full cooperation by Design/Builder Firm/Team for necessary coordination with 5.01.4 Meetings, presentations required to discuss and receive Owner approval of 5.01.5 Allindividuals contributing to this project in any manner to include designers, contractors, subcontractors and trade personnel shall be competent, experienced, properly licensed and 5.01.6 Execute subcontracts in a timely manner to meet all project schedule requirements. Subcontractors shall be fully licensed, experienced and qualified to perform the relevant scope of work. Inexperienced and unqualified subcontractors will be replaced at no expense to Owner. 5.01.7 Provide all programming, permitting, labor, materials and equipment required to construct 5.01.8 Provide full time project management and field supervision for the project including any necessary support staff, project accounting and executive oversight for project completion. 5.01.9 Utilize and provide access to submittals and requests for information for project 5.01.10 Establish and update project management schedule no less frequent than monthly or with 5.01.11 Provide and deliver entire completed and accepted project for the Guaranteed Maximum managemenvmpecton accessibility. Construction Documents, etc. construction administration, record drawings, and closeout services. design/construction documents (minimum 30, 60,90, & 100 percent). adequately insured. the approved design within the allotted contract schedule. documentation. each application for payment. Price established in the Design/Builder Agreement. Attachment A -2 Taylor County. Fire- - Station 2 2020.003-ENG 5.01.12 All permitting and regulation compliance. 5.01.13 Any project design/construction relevant DFS Grant 5.01.14 Any project design/construction relevant deliverables-and 5.01.15.Worky withanythirdparty project inspection and/or consultants under 5.01.16 Provide Warranty and Guarantee for satisfaction ofall work 5.01.17 Maintain appropriate ConractorSubcontractor State License, 5.01.18 Ensure timely certified closeout of the project to include but 5.01.19 Provide any operations and maintenance documentation, system start-up or commissioning and programming. 5.01.20 Provide timely and thorough warranty work as requested. compliance obligations. #FM539-ITF deliverables and accéptance requirements. contract with Owner. provided. Bonding, and Insurance. documentation and verifications. as-built drawings, training, any required Grant and/or permitting agency close-out or as-built not limited to assistance with 5.02 CONSTRUCTION INTENT 5.02.1 SITE WORK 5.02.1.1 Adequately protect, secure and maintain the project site for ofwork and the governing regulations and the intended scope ofthis project. documents. specifications for the full duration 5.02.1.2 Prepare the site and coordinate with the respective and trades to perform the work as intended in contractors, the subcontractors project Design-Build 5.02.1.3 Se(performance turf, sod Centipede) all disturbed areas. 5.02.1.4 Lawfully disposs-offsite any and all items not incorporated into not approved salvageable to Owner-OHIEESEVes the projectand right offirst refusal ofta be dispoxeihtems/materials. 5.02.1.5 Parking Lot/Driveway 5.02.1.5.1 Asphalt Surface, Limeicok Base, Stabilized Thicknesses to match vehicle loading, siriped for Subgrade, space and Signage with accessible aisle to front entrançe Stop Sign and 24" Stop Bar at Pisgah Road connection Markings as Shown - 2 Coats required length concrete sidewalk along front and side ofb building Dumpster enclosure, 12ftx1 12ft Concrete, hinged locking double parking, Bay access and traffic routing. designated 5.02.1.5.2 Eight (8) Standard IOx20 parking spaces and i7 ADA Accessible 5.02.1.5.3 30" 5.02.1.5.2.1 Solid concrete wheel stops at all spaces 5.02.1.5.4 5.02.1.5.5 Pavement Full 5.02.1.5.6 gate, and 6 ft high concealment fencing. Attachment A-3 2020.003-ENG concrete filled bollards Taylor County Fire Station2 2 5.02.1.5.7 Concrete Bollards-6"SCH4 140 yellow galvanized located on each side of each primed and painted safety 42" height; 48" embedment into 18" diameter full depth concrete (6" above finish paved grade) 5.02.1.5.8.1 5.02.1.5.8.1.1 12 inch minimumdepth suitable overhead door entry point. filled hole. 5.02.1.5.8 Concrete Curb Island-6x18" Landscaped- - Eight (8) minimum 3 gal shrubs topsoil 502.1.5.8.1.2 Weed Block Sheeting 5.02.1.5.8.1.2 Four (4) Purple Loropetalum 5.02.1.5.8.1.4 Four (4) Boxwood Mulch -3"E Blanket 5.02.1.5.8.1.5 Red Cypress 12 inch minimum depth suitable topsoil Landscape Strip Atl Building along Parking Frontage 5.02.1.5.9.1 5.02.1.5.9.2 Weed Block Sheeting Decorative Gravel 5.02.1.5.9.3 4" Gravel Bed-3/4" Dia 5.02.1.5.9 5.02.1.6 Flag Pole flagpole model- American Flags Hurricane Series 25' aluminum Truck (Pulley), 5.02.1.6.1 EFECH, Collar, Cleat, Snap Hooks, Halyard, Top Finial Ball 5.02.1.6.2 Wind-Rated Foundation OLBS 8 50K DDB LED Bullet light at flag 5.02.1.6.3 Lithonia Lighting control (Dusk/Dawn Operation), Individual pole, Qty 1,Photocell Circuit at Electric Panel. 5.02.1.7 Exterior Lighting 5, Photocal Lighting TWH DEDwall pack light, Qty 5.02.1.7.1 Lithonia Operation), CMEArae control (Dusk/Dawn at Electric Panel. Light Group BUILDING COMPONENTS AND FINISHES 5.02.2.1 All specified-equpane equivalent. 5.02.2 listed components are to be considered and rquired or an approved required. minimum equipment/fixtures and materials 5.02.2.2 Commercial grade APAtomplamtasemihly required Pre-manufactured Metal Building or 5.02.2.4.1 Minimum Wind Speed Capability 5.02.2.3 5.02.2.4 Equivalent Site Built Facility - 130 MPH (170 MPH 3-sec 5.02.2.4.2 gust) Sixteen (16) ft Eave Height system (color matched) 5.02.2.4.3 Guttered Downspout collection (no columns) Porch Covering at each 5.02.2.4.5 Red Metal Walls with Red Wainscot (Owner Selections) 5.02.2.4.4 Minimum 5x5 Cantilevered 5.02.2.4.6 Exterior Grey Doorway opening RoofCovering Kynar Finish (PVDF) Attachment A-4 Taylor County Fire Station2 2 2020.003-ENG 5.02.2.5 HVAC: System 5.02.2.5.1 Carrier Performance Series heat pump system, 16 SEER 5.02.2.5.2 Air handler to be located in ceiling including size appropriate Minimum rating, include Honeywell 7-Day programmable thermostat, associated duct work, plumbing and electrical. scuttle access w/ drop down ladder, light and required structural framing. 5.02.2.5.3 Test and Balance ofHVAC System is required. 5.02.2.6 Back-Up Generator 5.02.2.6.1 Generac Commercial Protector 50 KW model #RD05033 5.02.2.6.2 138 Gallon Exterior Diesel Fuel Tank 5.02.2.6.3 Interconnected Automatic Transfer Switch including any required 5.02.2.6.4 10ftLx8 8ftV W Concrete pad, type, thickness, and mounting fixtures, connectors and wiring. requirements mamufhcturersrguiremens: ollwasher/materialembedment per 5.02.2.7 Radio/PA 5.02.2.7.1 Empty Conduit (3/4) for Coax cable to Exterior Antenna from Future Base Station located at FF Office and terminated 18 inch above interior ceiling. Includes labeled conduit, tagline and Station located at FF Office and terminated 18 inch above interior ceiling. Includes labeled conduit, tagline and faceplate in FF faceplate in FF Office (Room 105). 5.02.2.7.2 Empty Conduit (3/4 inch) for Speaker Cables from Future Base Office (Room 105). 5.02.2.8 Building Signage 5.02.2.8.1 Exterior 5.02.2.8.1.1 Three (3) Lines of Text; "Taylor County" "Fire Rescue" "Station2 2". 10"/6"H High, Helvicta Font, Sentence Case, 1/2" Solid Thickness PolyUrethane Material Lettering; Color Choice and final placement by Owner. To include hardware, framing for side ofbuilding mount. 5.02.2.9 Room 100- - Engine Bay 5.02.2.9.1 Flooring 5.02.2.9.1.1 Smooth finished Sealed Concrete floor 5.02.2.9.1.2 Integrated/Sloped Zurn Z883 Perma-Trench shallow system floor drain 5.02.2.9.1.2.1 Exterior Point of Discharge 5.02.2.9.2 Walls 5.02.2.9.2.1 Insulated, R-13 Minimum 5.02.2.9.2.2 2-Hour Fire Rated between Room 100 (Main 5.02.2.9.2.3 Full height finished using same metal panel Bay) and remainder of Building system as exterior of building. Color choice by Owner. Attachment A-5 Taylor County Fire Station 2 2020.003-ENG 5.02.2.9.3 Ceiling 5.02.2.9.3.1 Ceiling Panel System to conceal and match underside height of building framing components. 5.02.2.9.3.2 Insulated, R-30 Minimum 5.02.2.9.3.3 Metal Stud framing system 5.02.2.9.3.4 Same metal panel finish system as exterior of building. Color choice by Owner. 5.02.2.9.4 Lighting 5.02.2.9.4.1 Lithonia. JEBL LEDI High Bay Light(rapproved 5.02.2.9.4.2 Equally spaced and arranged to provide uniform equal) Model JEBL 24000LM FRGL MVOLT 50K 80CRI PM DBLXD WGX; light distribution; Qty 8 5.02.2.9.5 Exhaust Fan 5.02.2.9.5.1 Strongway #528233 36"1 1/2HP enclosed shuttered 5.02.2.9.5.2 Positioned on West/Left wall ofMain Bay (Room 5.02.2.9.5.3 Dual Controlled; manually operated from wall exhaust fan 100) at hignest height available Depletion Sensor. Switch and automated operation from Oxygen 5.02.2.9.6 Doors 5.02.2.9.6.1 Three (3) - 13'Hx 12' W Wind-Rated Model 620 5.02.2.9.6.2 Automatic Openers located at Entry to Living 5.02.2.9.6.3 2 Exterior Steel Honeycomb fire-rated entrylexit 5.02.2.9.6.4 Heavy Duty Commercial Universal Hardware Automatic Roll-up Overhead Door Brand Doors w/ chain fall redundancy. Quarters door(s) Welded Door and Frame w/ Closure Devices; Front of Building and Rear of Building UH40019, Keyed Entry Lever, Keyed alike, threshold, door sweep, weatherstrip and lock protector, Brushed Nickle 5.02.2.9.7 Electrical 5.02.2.9.7.1 Appropriate sized and type outlets at noted 5.02.2.9.7.2 Alloutletslswitches in building will be white with locations (Amp, GFCI, AFCI, etc.) a white cover plate, exterior outlets to have weaheppofcoveremcloure Floorleveloutlets drop cord reel located 10 ft from front ofinterior wall and in-line with right side of each bay #LG3050 143 9; Qty 3. Includes adequate support framing for ceiling mount. at18" above finished floor. 5.02.2.9.7.3 Three (3) Ceiling mounted 120 volt outlets with opening 5.02.2.9.7.4 Reelcraft retractable cord reel 50' Model Attachment A-6 Taylor County Fire Station 2 2020.003-ENG 5.02.2.9.8 Air Compressor 5.02.2.9.8.1 NorthStar High-Flow Electric Air Compressor, 5.02.2.9.8.2 3/4" Rigid airline piped along ceiling from Air 5.02.2.9.8.3 Hose Reel Coxreels Performance Series model# 4.7 HP, 60 Gallon vertical tank, Item #75710, located at left rear corner of Main Bay Compressor to three hose reels. P-LP-450, spring driven rewind 5.02.2.9.9 Bay Heater 5.02.2.9.9.1 Two (2) ProFusion Heat ceiling-mount shop 5.02.2.9.9.2 Wired for switch operation located at living 5.02.2.9.9.3 Adjustable brackets, Ceiling Framing and support heater, 7500 W,240 volt Model HA24-75M quarters entry door structure 5.02.2.9.10 Gear Racks 5.02.2.9.10.1 Ready Rack - Red Rack Wall Mount Model(s) RRWM-9/18 and RRWM-6/18, located and secured to Right wall ofMain Bay. 5.02.2.9.11 Washing Machine/Dryer 5.02.2.9.11.1 Ready Rack - Extractor 22 Laundry Washing Machine, includes associated wiring, plugs, ducting, Hot/Cold plumbing and drain Aluminized Alloy drum, Electric dryer, includes associated electric service and exterior ducting connections 5.02.2.9.11.2 GE Model GTD3EASKWW.72CF Capacity, 5.02.2.9.12 Ice Machine 5.02.2.9.12.1 Manitowoc IYT0300A Indigo NXT Series 30" Air-Cooled half dice ice machine with 365 Ib storage bin, includes associated wiring, potable water service and drain connection. 5.02.2.9.13 Hose Bibs 5.02.2.9.13.1 3/4"commercial grade brass hose bib w/ vacuum 5.02.2.9.13.2 lexterior at Engine Bay Rear entrance door 5.02.2.9.13.3 lexterior at left side middle Engine Bay partition .02.2.9.13.4 linterior at right side right Engine Bay partition breaker 5.02.2.10 Room 101/102 - Kitchen/Day Room 5.02.2.10.1 Flooring 5.02.2.10.1.1 Slip-Resistant Textured concrete floors sealed with a gloss finish, Texture and Color Choice by Owner 5.02.2.10.2 Walls Attachment A-7 Taylor County Fire- - Station 2 2020.003-ENG 5.02.2.10.2.1 5/8" Type-X Drywall, Orange-Peel textured 5.02.2.10.2.2 Primer Sherman Williams High Build Primer, 1 5.02.2.10.2.3 Paint - Sherman Williams Emerald Interior finish, 4" dark gray vinyl cove toe wall base trim at floor coat Acrylic Latex, Off White Semi-Gloss finish, Color choice by Owner, ,2coats 5.02.2.10.3 Ceiling 5.02.2.10.3. 1/2" Drywall, Orange-Peel textured finish 5.02.2.10.3.2 Primer Sherman Williams High Build Primer, 1 5.02.2.10.3.3. Paint - Sherman Williams Emerald Interior coat Acrylic Latex, White Semi-Gloss Finish, Color choice by Owner, 2 coats 5.02.2.10.4 Doors 5.02.2.10.4.1 Entry/Exit, Steel Honeycomb Exterior Entry 2- Hour firerrated door Welded Door and Frame w/ Closure Device, threshold, door sweep, weatherstrip and lock protector, Brushed Nickle UH40017, Passage Lever, Brushed Nickle 5.02.2.10.4.2 Heavy Duty Commercial Universal Hardware 5.02.2.10.5 Windows 5.02.2.10.5.1 A3Wx3H Wind Rated, Single Hung, Insulated Low E-Glass Window centered above sink meeting FBC Requirements. Includes finished return, wood sill, and 2" White Faux Wood blinds; Style/finish by Owner. Pulls, Owner Selected Style adjustable solid shelves 5.02.2.10.6 Cabinets - KRAFTMAID 5.02.2.10.6.1 Handles - Kraft Maid Brushed Nickle Tailored 5.02.2.10.6.2 Three (3) 84" H 24" D 18" W pantry type 5.02.2.10.6.3 Lower cabinets continuous along wall and 5.02.2.10.6.4 Upper cabinets continuous around corner 5.02.2.10.6.5 American Standard Raleigh 33" x 22" stainless cabinets with a single door and six (6) full width around corner with space for sink and stove single bowl sink set model #205B.332211C.075, under-counter mount version Colorfpatemvedge/insh by Owner. mount kitchen faucet Model #6408.140.002 5.02.2.10.7 Countertop/Faucet .02.2.10.7.1 Solid surface Corian countertop. 5.02.2.10.7.2 Sink faucet - American Standard Monterrey Top 5.02.2.10.8 Appliances 5.02.2.10.8.1 GE 30" Free Standing Electric Range Model #JBS60DKWW; Counter/Cabinetarea Position within Attachment A-8 Taylor County Fire Station 2 2020.003-ENG 5.02.2.10.8.2 GE15.6Cu. Ft. Top-Freezer Refrigerator Model 5.02.2.10.8.3 GE 1.6 Cu, Ft. Microwave Model HGTSI6DINRWW.Qy) #JVM3160DFWW with wiring and outside vent/ducting; Position over Stove/Oven Range 5.02.2.10.9 Electrical 5.02.2.10.9.1 Lithonia Lighting LED FML4W lights 5.02.2.10.9.2 Lights 1-4 wired separately from lights 5-6, 5.02.2.10.9.3 Appropriate sized outlets for all appliances 5.02.2.10.9.4 Coax/Communications Port (Video/Data/Voice) 5.02.2.10.9.5 Phone (land line) Communications Port,Qty2- 5.02.2.10.9.6 Lithonia Lighting LHQM LED-Emergency/Exit 5.02.2.10.9.7 Smoke/Carbon Monoxide Detector/Alar-Dual Switched at Office entry door located as shown on diagram lighting unit:Qtyt Powered 5.02.2.11 Room 103 - Battalion Bunk 5.02.2.11.1 Flooring 5.02.2.11.1.1 Slip-Resistant Textured concrete floors sealed with a gloss finish, Texture and Color Choice by Owner 5.02.2.11.2 Walls 5.02.2.11.2.1 5/8" Type-X Drywall, Orange-Peel textured 5.02.2.11.2.2 Primer Sherman Williams High Build Primer, 1 5.02.2.11.2.3 Paint - Sherman Williams Emerald Interior finish, 4" dark gray vinyl cove toe wall base trim at floor coat Acrylic Latex paint, Off White Semi-Gloss finish, Color choice by Owner, 2coats 5.02.2.11.3 Ceiling 5.02.2.11.3.1 1/2" Drywall, Orange-Peel textured finish 5.02.2.11.3.2 Primer Sherman Williams High Build Primer,1 5.02.2.11.3.3 Paint - Sherman Williams Emerald Interior coat Acrylic Latex, White Semi-Gloss finish, Color choice by Owner, 2 coats 5.02.2.11.4 Doors 5.02.2.11.5 Electrical 5.02.2.11.4.1 Cased walkway - No Door 5.02.2.11.5.1 Lithonia Lighting LED FML4W light, Qty 1; 5.02.2.11.5.2 Appropriate sized outlets located as shown on 5.02.2.11.5.3 Smoke/Carbon Monoxide Detector/Alarm- -Dual Switched at Entry door drawing Powered Attachment A-9 Taylor County Fire Station 2 2020.003-ENG 5.02.2.11.6 Lockers 5.02.2.11.6.1 ULINE Single Tier Lockers Gray Model# H- 5529,Qty 1; 5.02.2.11.6.1.1 Provide additional framing supports within wall for secure connection. 5.02.2.11.7 Countertop 5.02.2.11.8 Bed 5.02.2.11.7.1 24"x15" Wall mounted Solid Surface Corian 5.02.2.11.8.1 Serta Ferndell twin mattress with box spring Countertop. Colorpatemvedge/insn by Owner. foundation and steel bedframe 5.02.2.12 Room 104-1 Battalion Office 5.02.2.12.1 Flooring 5.02.2.12.1.1 Slip-Rcsistant Textured concrete floors sealed with a gloss finish, Texture and Color Choice by Owner 5.02.2.12.2 Walls 5.02.2.12.21- 578" Type-X Drywall, Orange-Peel textured 502.2.12.2.2 Primer- Sherman Williams High Build Primer, 1 5.02.2.12.2.3 Paint - Sherman Williams Emerald Interior finish, 4" dark gray vinyl cove toe wall base trim at floor coat Acrylic Latex paint, Off White Semi-Gloss finish, Color choice by Owner, 2coats 5.02.2.12.3 Ceiling 5.02.2.12.3.1 1/2" Drywall, Orange-Peel textured finish 5.02.2.12.3.2 Primer Sherman Williams High Build Primer, 1 5.02.2.12.3.3 Paint - Sherman Williams Emerald Interior coat Acrylic Latex, White Semi-Gloss finish, Color choice by Owner, 2 coats 5.02.2.12.4 Door 5.02.2.12.4.1 Office entry door shall be a Steel Interior Solid Core Welded Door and Frame w/ Closure Device, threshold, door sweep, weatherstrip and lock UH40019, Keyed Entry Lever, Brushed Nickle protector, Brushed Nickle 5.02.2.12.4.2 Heavy Duty Commercial Universal Hardware 5.02.2.12.5 Windows 5.02.2.12.5.1 A3Wx 5H Wind Rated, Single Hung, Insulated Low E-Glass Window centered along common wall to exterior meeting FBC Requirements. Includes finished return, wood sill, and 2" White Faux Wood' blinds. Attachment A- 10 Taylor County Fire - Station 2 2020.003-ENG 5.02.2.12.6 Electrical 5.02.2.12.6.1 Lithonia Lighting LED FML4W light; Qty 2 5.02.2.12.6.2 Appropriate sized outlets located as shown on 5.02.2.12.6.3 Coax/Communications Port (Video/Data/Voice) 5.02.2.12.6.4 Phone (land line) Communications Port drawing 5.02.2.13 Room 105-FF Office 5.02.2.13.1 Flooring 5.02.2.13.1.1 Slip-Resistant Textured concrete floors sealed with a gloss finish, Texture and Color Choice by Owner 5.02.2.13.2 Walls 5.02.2.13.2.1 5/8" Type-X Drywall, Orange-Peel textured 5.02.2.13.2.2 Primer Sherman Williams High Build Primer, 1 5.02.2.13.2.3 Paint - Sherman Williams Emerald Interior finish, 4" dark gray vinyl cove toe wall base trim at floor coat Acrylic Latex paint, Off White Semi-Gloss finish, Color choice by Owner,2coats 5.02.2.13.3 Doors 5.02.2.13.3.1 Steel Interior Solid Core Welded Door and Frame 5.02.2.13.3.2 Heavy Duty Commercial Universal Hardware 5.02.2.13.3.3 Heavy Duty Commercial Universal Hardware w/ Closure Device, threshold, door sweep, weatherstrip and lock protector UH40017, Passage Lever, Brushed Nickle UH40017, Classroom Lever (RM 106 Entry side). Brushed Nickle 5.02.2.13.4 Ceiling 5.02.2.13.4.1 1/2" Drywall, Orange-Peel textured finish 5.02.2.13.4.2 Primer- Sherman Williams High Build Primer, 1 5.02.2.13.4.3 Paint - Sherman Williams Emerald Interior coat Acrylic Latex, White Semi-Gloss finish, Color choice by Owner, 2 coats 5.02.2.13.5 Electrical 5.02.2.13.5.1 Lithonia Lighting LED FML4W light, Qty2 5.02.2.13.5.2 Light switch installed at both points of entry 5.02.2.13.5.3 Appropriate sized outlets located as shown on 5.02.2.13.5.4 Coax/Communications Port (Video/Data/Voice), 5.02.2.13.5.5 Phone (land line) Communications Port 5.02.2.13.5.6 Lithonia Lighting LHQM LED Emergency/Exit drawing Below counter top, Qty2 lighting unit, Qty 1 5.02.2.13.6 Countertop Desk Attachment A - II Taylor County Fire- - Station2 2 2020.003-ENG cabinets. 5.02.2.13.6.1.1 A Solid Surface Corian counter Colorpatemvedge/insn by Owner. top/desk without lower 5.02.2.14 106-Lobby 5.02.2.14.1 Flooring 5.02.2.14.1.1 Slip-Resistant Textured concrete floors sealed with a gloss finish, Texture and Color Choice by Owner 5.02.2.14.2 Walls 5.02.2.14.2.1 5/8" Type-X Drywall, Orange-Peel textured 5.02.2.14.2.2 Primer- Sherman Williams High Build Primer, I 5.02.2.14.2.3 Paint - Sherman Williams Emerald Interior finish, 4" dark gray vinyl cove toe wall base trim at floor coat Acrylic Latex paint, Off White Semi-Gloss finish, Color choice by Owner, 2 coats 5.02.2.14.3 Ceiling 5.02.2.14.3.1 1/2" Drywall, Orange-Peel textured finish 5.02.2.14.3.2 Primer- Sherman Williams High Build Primer, I 5.02.2.14.3.3 Paint - Sherman Williams Emerald Interior coat Acrylic Latex, White Semi-Gloss finish, Color choice by Owner, 2 coats 5.02.2.14.4 Door 5.02.2.14.4.1 Front Entry/Exit, Exterior, Steel Honeycomb, Welded Door and Frame w! Closure Device, threshold, door sweep, weatherstrip and lock UH40019, Keyed Entry Lever, Brushed Nickle protector, Brushed Nickle 5.02.2.14.4.2 Heavy Duty Commercial Universal Hardware 5.02.2.14.5 Windows 5.02.2.14.5.1 A 3W X 3H open cased window centered along 5.02.2.14.5.2 A3W: x 5H Wind Rated, Single Hung, Insulated common wall to FF Office Low E-Glass Window centered along common wall to exterior meeting FBC Requirements. Includes finished return, wood sill, and 2" White Faux Wood blinds. 5.02.2.14.6 Electrical 5.02.2.14.6.1 Lithonia Lighting LED FML4W light, Qty 1 5.02.2.14.6.2 Light switch installed at both points of entry 5.02.2.14.6.3 Appropriate sized outlets located as shown on 5.02.2.14.6.4 Lithonia Lighting LHQM LED Emergency/Exit drawing lighting unit, Qty I 5.02.2.15 107 & 108-1 Rest Rooms Attachment A- 12 Taylor County Fire Station2 2 2020.003-ENG 5.02.2.15.1 Flooring 5.02.2.15.1.1 Slip-Resistant Textured concrete floors sealed with a gloss finish, Texture and Color Choice by Owner 5.02.2.15.2 Walls 5.02.2.15.2.1 5/8" Mold/Moisture Drywall, Orange-Peel 5.02.2.15.2.2 Primer Sherman Williams High Build Primer, 1 5.02.2.15.2.3 Paint - Sherman Williams Emerald Interior textured finish, 4" dark gray vinyl cove toe wall base trim at floor coat Acrylic Latex paint, Off White Semi-Gloss finish, Color choice by Owner,2coats 5.02.2.15.3 Ceiling 5.02.2.15.3.1 1/2" Mold/Moisture Drywall, Orange-Peel 5.02.2.15.3.2 Primer Sherman Williams High Build Primer, 1 5.02.2.15.3.3 Paint Sherman Williams Emerald Interior textured finish coat Acrylic Latex, White Semi-Gloss finish, Color choice by Owner, 2 coats 5.02.2.15.4 Electrical 5.02.2.15.4.1 Lithonia Lighting LED FML4W light 5.02.2.15.4.2 Lithonia Lighting LED LDN4, 3500K, 2000 5.02.2.15.4.3 Panasonic WhisperFit 0.3-Sone 110CFM 5.02.2.15.4.4 Light switch installed at point of entry 5.02.2.15.4.5 Appropriate sized outlets located as shown on 5.02.2.15.5.1 36"x42" Shower stall, 4" High Raised Entrance 5.02.2.15.5.2 American Standard Delancey shower faucet kit 5.02.2.15.5.3 24" Towel rack located near shower stall. Style Lumens, 4" Dia Round Recessed Ceiling ventilation fan model FV-08-11VFS mounted in the center of each restroom ceiling Lighting, Wet Location drawing 5.02.2.15.5 Shower(s) Curb, Ceramic Wall/ Floor Tile, Color/tyle/Size with rough in valve, Brushed Nickle. Model choices by Owner. #TU052507.295 choice and Finish by Owner. 5.02.2.15.6 Sink 5.02.2.15.6.1 American Standard Declyn Model #0321026.020 White, Wall-Hung single bathroom sink. Includes framing, supply, drain piping and ADA compliance requirements. 5.02.2.15.7 Sink Faucet Attachment A-13 Taylor County Fire - Station: 2 2020.003-ENG 5.02.2.15.7.1 American Standard Monterrey Single Control Model #6114.110.002 5.02.2.15.8 Mirror 5.02.2.15.8.1 36"Hx24" WI Framed Wall mounted mirror with bottom shelf, Brushed Nickle. ADA Compliant Style choice by Owner. 5.02.2.15.9 Towel Dispenser 5.02.2.15.9.1 GP PRO Item# 54338 universal push-paddle dispenser 5.02.2.15.10 Toilet(s) 5.02.2.15.10.1 American Standard Madera 1.6gpft toilet, Manual valve, Model #2858.016.020 5.02.2.15.11 Tissue Dispenser 5.02.2.15.11.1 ASI satin finish recessed toilet tissue holder, Model #7402-S 5.02.2.15.12 Door 5.02.2.15.12.1 Steel Interior Solid Core Welded Door and 5.02.2.15.12.2 Universal Hardware UH40018 Heavy Duty 5.02.2.15.12.3 Coat Hook mounted to interior face 5.02.2.15.12.5 Gender Signage- - ADA Compliant; Acrylic Frame, threshold, door sweep, and weatherstrip. Commercial Privacy Lever, Brushed Nickle 5.02.2.15.12.4 Floor Stop 5.02.2.16 109-Bunkroom 5.02.2.16.1 Flooring 5.02.2.16.1.1 Slip-Resistant Textured concrete floors sealed with a gloss finish, Texture and Color Choice by Owner 5.02.2.16.2 Walls 5.02.2.16.2.1 5/8" Type-X Drywall, Orange-Peel textured 5.02.2.16.2.2 Primer Sherman Williams High Build Primer,1 5.02.2.16.2.3 Paint - Sherman Williams Emerald Interior finish, 4" dark gray vinyl cove toe wall base trim at floor coat Acrylic Latex paint, Off White Semi-Gloss finish, Color choice by Owner, 2 coats 5.02.2.16.3 Ceiling 5.02.2.16.3.1 1/2" Drywall, Orange-Peel textured finish 5.02.2.16.3.2 Primer Sherman Williams High Build Primer, 1 5.02.2.16.3.3 Paint - Sherman Williams Emerald Interior coat Acrylic Latex, White Semi-Gloss finish, Color choice by Owner, 2 coats 5.02.2.16.4 Door Attachment A-1 14 Taylor County Fire- - Station 2 2020.003-ENG 5.02.2.16.4.1 Exterior, Entry/Exit, Steel Honeycomb, Welded Door and Frame w/ Closure Device, threshold, door sweep, weatherstrip and lock protector, UH40019, Keyed Entry Lever, Brushed Nickle Welded Door and Frame w/ Closure Device, threshold, door sweep, and weatherstrip. Universal Hardware UH40017 Heavy Duty Commercial Passage Lever, Brushed Nickle Brushed Nickle 5.02.2.16.4.2 Heavy Duty Commercial Universal Hardware 5.02.2.16.4.3 Interior Entry/Exit, Steel Interior Solid Core 5.02.2.16.4.4 Door(s) between individual Bunk Rooms are not required. 5.02.2.16.5 Electrical 5.02.2.16.5.1 Lithonia Lighting LED FML4W light, Qty 2; .02.2.16.5.2 Lithonia Lighting LED LDN6, 3500K, 3000 5.02.2.16.5.3 Appropriate sized outlets located as shown on 5.02.2.16.5.4 Lithonia Lighting LHQM LED Emergency/Exit 5.02.2.16.5.5 Smoke/Carbon Monoxide Detector/Alarm -Dual switched at both points of entry Lumens, 6" Dia Round Recessed Ceiling Lighting, Qty 4, switched at each Bunk Entry drawing lighting unit, Qty 1 Powered 5.02.2.16.6 Countertop 5.02.2.16.6.1 Each bunk space will have a 24"x15" Wall Mounted Solid Surface Corian Counter Top. Colorfpatemveage/mnsh by Owner. 5.02.2.16.7 Bed 5.02.2.16.7.1 Serta Ferndell twin top mattress, box spring, and steel bedframe, Qty 4 5.02.2.17 110-Appliance Closet 5.02.2.17.1 Flooring 5.02.2.17.1.1 Slip-Resistant Textured concrete floors sealed with a gloss finish, Texture and Color Choice by Owner 5.02.2.17.2 Walls 5.02.2.17.2.1 5/8" Type-X Drywall, Orange-Peel textured 5.02.2.17.2.2 Primer- Sherman Williams High Build Primer, I 5.02.2.17.2.3 Paint - Sherman Williams Emerald Interior finish, 4" dark gray vinyl lcove toe wall base trim at floor coat Acrylic Latex paint, Off White Semi-Gloss finish, Color choice by Owner, 2coats 5.02.2.17.3 Ceiling 5.02.2.17.3.1 1/2" Drywall. Orange-Peel textured finish Attachment A-15 Taylor County Fire- Station: 2 2020.003-ENG 5.02.2.17.3.2 Primer Sherman Williams High Build Primer, 1 5.02.2.17.3.3 Paint Sherman Williams Emerald Interior coat Acrylic Latex, White Semi-Gloss finish, Color choice by Owner, 2 coats fold closet door handle/knob, Brushed Nickle 5.02.2.17.4 Door 5.02.2.17.4.1 Closet door shall be a' Wood Interior louvered Bi- 5.02.2.17.4.2 Heavy Duty Commercial hinges and pull 5.02.2.17.4.3 Stain/Paint Color choice by Owner, 2 coats 5.02.2.17.5.1 AO Smith, 80 gallon electric heat pump water 5.02.2.17.5 Water Heater 5.02.2.17.6 Electrical heater, Model #HP10-80H45DV 5.02.2.17.6.1 Appropriate sized outlet located as shown on drawing 5.02.2.18 111-Storeroom 5.02.2.18.1 Flooring 5.02.2.18.1.1 Slip-Resistant Textured concrete floors sealed with a gloss finish, Texture and Color Choice by Owner 5.02.2.18.2 Walls 5.02.2.18.2.1 5/8" Type-X Drywall, Orange-Peel textured 5.02.2.18.2.2 Primer- Sherman Williams High Build Primer, I 5.02.2.18.2.3 Paint - Sherman Williams Emerald Interior finish, 4" dark gray vinyl cove toe wall base trim at floor coat Acrylic Latex paint, Off White Semi-Gloss finish, Color choice by Owner, 2 coats 5.02.2.18.3 Ceiling 5.02.2.18.3.1 1/2" Drywall, Orange-Peel textured finish 5.02.2.18.3.2 Primer Sherman Williams High Build Primer, I 5.02.2.18.3.3 Paint Sherman Williams Emerald Interior coat Acrylic Latex, White Semi-Gloss finish, Color choice by Owner, 2 coats 5.02.2.18.4 Electrical 5.02.2.18.4.1 Lithonia Lighting LED FML4W light, Qty 2 5.02.2.18.4.3 Appropriate sized outlets located as shown on 5.02.2.18.4.4 Smoke/Carbon Monoxide Detector/Alar-Dual 5.02.2.18.4.2 Switched at entry drawing Powered Attachment A- 16 Taylor County Fire - Station 2 2020.003-ENG 5.02.2.18.4.5 Lithonia Lighting LHQM LED Emergency/Exit lighting unit, Qty 1 5.02.2.18.5 Shelving 5.02.2.18.5.1 Husky, Gladiator or Trinity PRO 5 Tier Welded Steel storage shelving unit, 72" Hx 24"Dx60" W, Industrial Quality, Color choice by Owner Access to Bunk Room 109 and Direct Access to Room 101/102. Each of these connected rooms shall be equipped with Emergency Lighting that includes Directional Path Indicators. 5.02.2.18.6 Exit Access 5.02.2.18.6.1 Room 111 Exit Access is provided by Direct 5.02.3 FIRE SPRINKLER SYSTEM 5.02.3.1 Install complete overhead fire suppression system (sprinklers) throughout entire buildingexcluding Room 100, Main Bay area. System shall include any necessary fire main to the building all sprinklers, piping, supports, escutcheons, pressure tanks, valves, permit fees, etc. for a complete working system. System to comply with the current National Fire Protection Association NFPA 13 requirements. 5.02.3.2 Installation to include providing and installing all piping, backflow preventer, pressure tank and any required appurtenances from on-site potable water station; Coordinate fittings and configuration with Fire Department Staff system to building for complete operable system. 5.02.3.3 Fire Suppression System to include provision for Pumper Truck Refilling 5.02.4 UTILITIES 5.02.4.1 Potable Water Supply System 5.02.4.1.1 Design, Permit and Construct On-Site Water system to include Well, Submersible Pump, Bladder-Type Hydropneumatic Pressure Tank, wiring, piping, valves and all required components for connecting system from new building in accordance with pressure at most distant location under typical usage at cut-on pump cycle and/or fire suppression sprinkler system and associated NFPA 13 compliant storage vessel. relevant rules and regulations. 5.02.4.1.2 Operable system must be capable of delivering 40 psi minimum 5.02.4.1.3 Iron/Hydrogen Sulfide/Hardness: Removal Water treatment system expected 5.02.4.2 OSTDS (Septic) System 5.02.4.2.1 Design, Permit and construct a new OSTDS including all required components for connecting system from new building in accordance with relevant rules and regulations. Sod (performance FDOH. Otherwise, install new duplex grinder station, including turf, sod - Centipede) all disturbed areas. 5.02.4.2.2 Gravity System is acceptable if configurable and permittable by Attachment A- -17 Taylor County Fire Station 2 2020.003-ENG control panel and gravity line (piping) from building. Control panel to include mounting hardware/tramework, visual and audible alarm, wiring, covers, conduit, etc. from control panel to building electric panel for working system. Environment One Corporation (E-one) system or approved equivalent. 5.02.4.3 Video/Data/Voice 5.02.4.3.1 Coordinate with local provider to install Video/Data/Voice 5.02.4.3.2 Provide and Install conduit and respective cabling/wiring to all connection in accordance with Provider's requirements at rear wall of building as shown on drawings. designated Port locations as shown on the drawings. 5.02.4.4 Communications-Phone 5.02.4.4.1 Coordinate with local provider to install Video/Data/Voice 5.02.4.4.2 Provide and Install conduit and respective cabling/wiring to all connection in accordance with Provider's requirements at rear wall ofbuilding as shown on drawings. designated Port locations as shown on the drawings. 5.02.4.5 Electricity 5.02.4.5.1 Coordinate with local provider to install Electricity Supply, Meter 5.02.4.5.2 Provide and install conduit and respective wiring to Panels, 5.02.4.5.3 Automatic transfer switch. Includes all wiring, components, and 5.02.4.5.4 400-AmpLevery Bypass Meter Main Combination with Ringless and Disconnect, if required, in accordance with Provider's requirements at rear wall oft building as shown on drawings. Equipment, Lighting and all designated end-use locations as support structure for properinterconnection with Building Service Cover securely mounted to exterior rear wall of building as located on drawing; Siemens Model MM0404L1400RLM. Includes all circuits, wiring, components, and support structure for an operable system with proper interconnection with Building interior rear wall of Room 100 as located on drawing, Qty 2. Includes all circuits wiring, components, and support structure for proper interconnection with 400 Amp Main Panel and an operable system. Panel 1 to serve Building Equipment. Panel 2 to serve shown on the drawings. Supply and Generator Electric Service Supply and transfer switch. 5.02.4.5.5 200-Amp electric main lug panel securely surface mounted to Non-Equipment services. Attachment A - 18 L TAYLOR COUNTY BOARD OF COMMISSIONERS County Commission Agenda Item SUBJECT/TITLE: The Board to consider approval of the Florida Municipal Insurance Trust (FMIT) MOU election form. MEETING DATE REQUESTED: Statement of Issue: 1/6/2025 To approve election forms for County building repairs. Recommended Action: Approve Fiscal Impact: Budgeted Expense: Submitted By: Contact: TBD- combined deductibles No, Hurricane related damages LaWanda Pemberton, County Administrator (850)838-3500 ext. 6 SUPPLEMENTAL MATERIAL/ISSUE ANALYSIS History, Facts & Issues: The estimated damages to County owned building is to be determined at this time. As part of the County's property insurance coverage the affected County properties may be repaired utilizing the FMIT/Synergy Turnkey Coverage in order to complete all repairs in a timely fasnion. The MOU/Election form details the buildings damaged and the estimated coverage amount. Options: Attachments: Do not utilize current insurance coverage. MOU Docusign Envelope ID: 1354C1644FE4D0683F047FA02078DBA FMIT SymeryNDS FLORIDA MUNICIPAL INSURANCE TRUST Your Resource. Your Advocate. YourP Partner. FMIT TURNKEY/COVERACE MEMORANDUM OF UNDERSTANDING & ELECTION FORM Florida Municipal Insurance Trust (hereafter, "FMIT") Property Turnkey Recovery Service Coverage (hereafter, "Turnkey Coverage") is offered through the FMIT Property and Allied Lines Policy (hereafter, "Property Coverage Agreement") under the FMIT Turnkey Recovery Coverage Endorsement (FMIT RECOVERY 1020). which is attached Turnkey Coverage is available for each FMIT Member who requests it (hereafter, "Designated Member") on claims for loss/damage to real property covered by the Property Coverage Agreement when submitted to FMIT on ai timely basis, and when subject to the scope of the covered loss or damage amount(s) as determined and authorized by FMIT Turnkey Coverage supports Designated Member's internal disaster response and recovery objectives and may include one or more of the following managed services: Rapid Response Services (including damage assessments, demolition services, stabilization and mitigation of bulclingsistructures), Restoration and Reconstruction Services (including development of authorized project scopes of work, procurement, coordination, management and payment of vendors, on-site project management, monitoring and reporting), and FEMA Public Assistance support, if applicable. Turnkey Coverage is flexible to fit the individual needs of Designated Members by eliminating unnecessary services and/or FMIT has designated Synergy NDS, Inc., as manager of response and recovery services provided under Turnkey Coverage (hereafter, "Turnkey Manager"). Ali services performed under Turnkey Coverage and managed by Turnkey Manager are intended to expedite response and recovery efforts and minimize Designated Member's direct response and recovery costs and out-of-pocket expenses. All Turnkey Claim-related services provided and/or managed by Under Turnkey Coverage, each Turnkey Claim will be subject to adjudication by a licensed claims adjuster. Additionally, FMIT and Turnkey Manager will compile detailed scopes-of-work and recovery cost estimates related to each Turnkey Claim based upon loss adjustments and estimates developed by the Turnkey Manager, licensed claims adjusters, and/or engineers (where applicable), in a manner that will protect the Designated Member from excessive costs. If scopes-of-work or costs are identified that are not covered by FMIT and would be the direct responsibility of the Designated Member, it will be the responsibility of Turnkey Manager to notify all involved parties for direction and approval prior to acceptance. With the exception of deductible amount(s) applicable to the loss, which must be paid by the Designated Member, response and recovery costs covered under the Designated Member's Turnkey Claim(s) will be managed and paid directly by Turnkey Manager and submitted to FMIT. FMIT will pay Turnkey Manager for all FMIT respects the individual desires and preferences of its members and their ability to self-govern. The Designated Member must elect to receive Turnkey Coverage on Turnkey Claim losses within 120 days of a covered loss occurrence through completion of this Turnkey Coverage MOU,which includes the Turnkey Election Form and Turnkey to, made part of this Memorandum, and governs ini the event of any conflicts. (hereafter, "Turnkey Claims"). limiting services to only certain affected properties. Turnkey Manager shall be reviewed and approved by FMIT's Property Claims Department. Turnkey Claim costs. Description of Covered Property and Amounts (hereaîter, "Exhibit.A). FMIT TURNKEY COVERAGE MEMORANDUM: OF UNDERSTANDING & ELECTION FORM Page 1of3 Docusign Envelope ID: C1354C16-44FE4FE-4D06-83F0-17FAD2075DBA Exhibit' "A" TURNKEY CLAIM DESCRIPTION OF COVERED PROPERTY AND AMOUNTS Below is a specific list of Turnkey Claims for this loss event that, when signed by Designated Member, are authorized for management by Turnkey Manager under Turnkey Coverage. The information required below includes the respective FMIT Turnkey Claim Number, Location Number/Asset Name, Turnkey Claim Details, Estimated Turnkey Coverage Amount, and an Authorized Member Signature and Approval Date confirming the election by Designated Member of each Turnkey Claim. The property asset(s) contemplated in the below Turnkey Claim(s) and the Turnkey Coverage Amount may be amended from time to time, provided any amendment is in writing and authorized by FMIT under Turnkey Coverage: Turnkey Claim No. Asset! Name Location Numberl Details Estimated" Turnkey Authorized Member Coverage Amount Under $20,000 Date Signature 12/9/2024 11:26 AM Turnkey Ciaim! Hurricane Debby Event: Minimal lineal feet ofs soffit: and 10'ofJ water! leaks. Hurriçane Debby! Event: Uponi inspection ofa asset. Itwas noticed that part oft the roof isl lifted camage to ceilings. Inb both bathrooms standing wateri is present. Mitiçation work is needed. Hurricane Heiene Event: No visible damage to! building ons exterior from current storm. Incerior shows sign of area. Water has gone through Some standirg Nater andy women's bathroom both men's and women shcws signs of water damage to ceiling tiles. Hurricane Heiene Event: Eerier buidinga about 70% ofs soffiti is missing. No cthere exterior damage from current stcrm is noticed. On interior consicerable amount of starding water isi in kitchen area, kitchen, storage area. men's entrance to announcers bcoth, and ina announcers booth area. Hurricane Heiene Event: No visible structural damage to piayground. struc:ure. Recomn mend recommend removal ofo cabie and canvas. Signature 014003-S Sports damage tot building. Proximately: 20 Concession channel. Was able to access interior Building (Soccer) bathrooms, no damage. No signs of Complex GC2024279438 014006- Restroom Basketball& Tennis Courts $20,00C- $100,000 12/9/2024 11:26 AM GC2024279532 Building: Between up. There is significant water 014004- Sports warer driven raini in announcers Compiex Buiiding (Baseoall) 12/9/2024 11:26 AM GC2024280725 Concession plywoodf floor into bathroom areas. Under $20.000 014008- Concession/ Restroom Building: West $20,000- $100.0C0 12/9/2024 11:26 AM GC2024280726 Baseball Fields bathroom, women's! bathroom, 014015-Multi- Entire canvas cover is damaged Playground: Metal isi hanging onto playgrounc $20,000- $130,000 12/9/2024 11:26 AM 3C2024280730 play Structure: cablev wiring hançing down. Canvas FMIT TURNKEY COVERAGE MEMORANDUM: OF UNDERSTANDING & ELECTION FORM Page 3 of3 Docusign Envelope ID: C1354C16-44FE-4FE-4D06-83F0-17FAD2075DBA TURNKEYCOVERAGE ELECTION Taylor County Board of County Commissioners (hereafter, "Designated Member") voluntarily elects to participate in and take advantage of the benefits provided through Turnkey Coverage specific to eligible damages to property covered by FMIT. Designated Member elects Turnkey Coverage for the Turnkey Claims listed, described, and attached Designated Member authorizes Turnkey Manager to act as recovery manager for Turnkey Claims listed in Exhibit A, by managing the response, mitigation, and potential repair/recovery of property assets covered in the Designated Member's Property Coverage Agreement and paying vendors directly for covered costs. The Designated Member also understands and agrees FMIT will reimburse Turnkey Manager directly for covered property loss costs approved and Designated Member will be responsible for payment for any applicable deductible amounts and any costs outside the scope of covered Turnkey Claim costs (i.e. non-covered costs). Before incurring non-covered costs, Turnkey Manager and Designated Member will review to ensure that non-covered costs are approved by the Designated Member and procured in compliance with Designated Member, State and Federal procurement requirements, when necessary. Notwithstanding the foregoing, compliance with applicable laws or ordinances, including all procurement and FEMA grant requirements, is the sole respcnsibility cf the Designated Merber with respect to this election of Turnkey Coverage and for services provided by Turnkey Manager. When applicabie, Turnkey Manager will work with the Designated Member to support the FEMA Public Assistance Grant process, including provision of required project Turnkey Manager will ensure the Designated Member receives any additional Work Authorization Forms and/or Indemnification Agreements specific to repair work under Turnkey Coverage as it relates to Subcontractcr Agreements, Designated Member hereby acknowledges that in signing this Msmorandum and Election Agreement it is noi relying on and has not relied on any representation or statement by FMIT or Turnkey Manager, other than those contained in this Agreement, the FMIT PROPERTY TURNKEY RECOVERY COVERAGE endorsement, ard the Property Coverage inE Exhibit "A" of this work authorization. incurred by Turnkey Manager pursuant to each Turnkey Claim. scopes of work and related procurement and cost information as related to each Turnkey Claim. Warranties for workmanship and Construction Defect, and the like. Agreement. Designated Member: Signature: Name: Title: Date: FMIT: Signature: SynergyNDS (Turnkay Manager): ssut Signature: Lawanda Pemberton Name: Forest Scott County Administrator Title: 12/9/2024 11:26 AM Date: Name: Kurt Waterman Claims Representative II Title: 12/9/2024 11:26 AM Director, Field Operations 12/9/2024 11:25 AM Date: FMIT TURNKEY COVERAGE MEMORANDUM CF UNDERSTANDING 3 ELECTION FORM Paçe2of3 12) TAYLOR COUNTY BOARD OF COMMISSIONERS County Commission Agenda Item SUBJECT/TITLE: Change of 911 Coordinator MEETING DATE REQUESTED: 01/06/2025 Statement of Issue: Personnel Change (Appointment of New 911 Coordinator Recommended Action: Joseph B. Franklin appointed at the Taylor County 911 Coordinator in accordance with the State NG911 Plan, F.A.C. Rule 60FFE.004(3)a) and F.S. 365.171(10). Fiscal Impact: NIA Budgeted Expense: Yes_ No Submitted By: Dakota Bembry N/A X Contact: 850-672-1976 dakota.cruce@tavlorsherifi.org SUPPLEMENTAL MATERIAL/ISSUE ANALYSIS History, Facts & Issues: The current Taylor County 911 Coordinator, Dakota Bembry, is planning to resign her position in March. Due to Mrs. Bembry's departure the Taylor County Sheriff's Office is recommending that Joseph B. Franklin assume the role of Taylor County's 911 Coordinator. Mr. Franklin will serve as the single point of contact between Taylor County and the Department of Management Services for all 911 related issues. Mr. Franklin holds a Bachelor's Degree in Sociology from Florida State University, with minors in Information Technology and Criminology. Mr. Franklin has nearly 8 years of experience in the field of public safety, previously served for 6 years in the Florida Army National Guard, and has been training under Mrs. Bembry in preparation to assume the role of 911 Coordinator since November of 2024. Options: Accept Sheriff's Office Recommendation Reject Sheriff's Office Recommendation Attachments: Recommendation Letter WAYNE PADGETT - TAYLOR COUNTY 108 N.Jefferson St, Suite 103. Perry, Florida 32347 Sheriff 850-584-4225-1-800-800-4740 Dispatch 1-800-669-7123 January6",2025 850-921-0041 Leon Simmonds State NG911 Coordinator Florida Department of Management Services Leon.simmonds@dms.fl.gov Re: County 911 Coordinator Appointment Dear Mr. Simmonds, Please be advised that Taylor County effected a personnel change in our County NG911 System. Effective. January 6,2025, Joseph Franklin is assuming the duties of County 911 Coordinator for Taylor County in accordance with Joseph Franklin will serve as the single point of contact between Taylor County and the Department of the State NG911 Plan, F.A.C. Rule 60FFE.004(3)a) and F.S. 365.171(10). Management Services for all 911 related issues. Joseph B. Franklin 911 Coordinator Taylor County Sheriff's Office 108 N. Jefferson Ste 103 Perry, FL32347 850-584-4225 seph.franklin@taylorsheriff.org Please make the appropriate changes to existing agency information. Thank you for your assistance in this matter. Respecgfulysupmifted, Marty Tompkins, Undershériff ofTaylor County Sheriff's Office Jamie English, Chairman of Taylor County Board of County Commissioners TAYLOR COUNTY BOARD OF COMMISSIONERS County Commission Agenda Item SUBJECT/TITLE: Board to hold a public hearing at 6:00 p.m. or as soon thereafter as possible to discuss and receive public input for the possible submission of a grant application to Florida Department of Transportation, Transportation Alternatives Program (TAP) for the 2031 funding cycle for the construction of a sidewalk from the corner of US 19 and Industrial Park Drive to Puckett Road and along Puckett Road to connect to the existing sidewalk ending at Lacour Lane, Perry, Florida. MEETING DATE REQUESTED: Statement of Issue: January 6, 2025 Board to discuss and receive public input for the possible grant submission to Florida Department of Transportation, Transportation Alternatives Program (TAP) for the 2031 funding cycle for the construction of a sidewalk from the corner of US 19 and Industrial Park Drive to Puckett Road and along Puckett Road to connect to the existing sidewalk ending at Lacour Lane, Perry, Florida. The County is eligible to submit a maximum of two projects. If the Board chooses to submit two projects the Board must determine which project is the top priority at grant submission. Recommended Action: Move forward with submission of FDOT TAP grant application for the construction of a sidewalk from the corner of US 19 and Industrial Park Drive to Puckett Road and along Puckett Road to connect to the existing sidewalk ending at Lacour Lane, Perry, Florida. The County will not be required to provide a cash match. Fiscal Impact: Budgeted Expense: Submitted By: Contact: Not applicable. Melody Cox, Grants Writer Melody Cox SUPPLEMENTAL MATERIAL/ISSUE ANALYSIS History, Facts & Issues: The FDOT Transportation Alternatives applications are submitted a minimum of five years in advance. Transportation Alternatives funds can be used for numerous pedestrian and bicycle projects. It should be noted that the County MUST own all rights of way or land required for the projects submitted prior to grant submission. Attachments: Not applicable at this time. TAYLOR COUNTY BOARD OF COMMISSIONERS County Commission Agenda Item SUBJECTTITLE: Board to hold a public hearing at 6:05 p.m. or as soon thereafter as possible to discuss and receive public input for the possible submission of a grant application to Florida Department of Transportation, Transportation Alternatives Program (TAP) for the 2031 funding cycle for the construction of a sidewalk in Steinhatchee, Florida from the Steinhatchee River Bridge to First Avenue NE. MEETING DATE REQUESTED: Statement of Issue: January 6, 2025 Board to discuss and receive public input for the possible grant submission to Florida Department of Transportation, Transportation Alternatives Program (TAP) for the 2031 funding cycle for the construction of a sidewalk in Steinhatchee, Florida from the Steinhatchee River Bridge to First Avenue NE. The County is eligible to submit a maximum of hAo projects. If the Board chooses to submit two projects the Board must determine which project is the top priority at grant submission. Recommended Action: Move forward with submission of FDOT TAP grant application for the construction of a sidewalk in Steinhatchee, Florida from the Steinhatchee River Bridge The County will not be required to provide a cash match. to First Avenue NE. Fiscal Impact: Budgeted Expense: Submitted By: Contact: Not applicabie. Melody Cox, Grants Writer Melody Cox SUPPLEMENTAL MATERIAL/ISSUE ANALYSIS History, Facts & Issues: The FDOT Transportation Alternatives applications are submitted a minimum of five years in advance. Transportation Alternatives funds can be used for numerous pedestrian and bicycle projects. It should be noted that the County MUST own all rights ofway or land required for the projects submitted prior to grant submission. Attachments: Not applicable at this time. TAYLOR COUNTY BOARD OF COMMISSIONERS County Commission Agenda Item SUBJECT/TITLE: The board to hold a public hearing to consider an amendment to the Future Land Use Map of the Comprehensive Plan for Nammo-Perry. MEETING DATE REQUESTED: Statement of Issue: 1/6/2025 To hold a public hearing and have first reading of Ordinance to consider application. Recommended Action: Approve transmittal letter Fiscal Impact: Budgeted Expense: Submitted By: Contact: LaWanda Pemberton, County Administrator SUPPLEMENTAL MATERIAL / ISSUE ANALYSIS History, Facts & Issues: CPA 24-01, an application by Nammo Perry Inc., to amend the Future Land Use Plan Map of the Comprehensive Plan by changing the land use classification from AGRICULTURAL/RURAL RESIDENTIAL (less than or equal to 1 dwelling unit per 5 acres) to INDUSTRIAL. Options: Attachments: Draft Ordinance (for first reading ) Draft Planning Board Resolution Notice of Land Use Change Concurrency Management Letter Letter requesting expedited State Review of Proposed Amendment JAMIE ENGLISH District1 JIMN MOODY District2 MICHAEL NEWMAN District3 PAME FEAGLE District4 THOMAS District5 DEMPS TAYLOR COUNTY BOARD OF COUNTY COMMISSIONERS GARY! KNOWLES, Clerk of Court Post Office Box 620 Pery, Florida3 32348 (850) (850) 838-3506 838-3549 Fax Phone January 6, 2025 Ms. Barbara Powell, Deputy Bureau Chief Florida Commerce Division ofCommunity Development 107 East Madison Street Caldwell Building, First Floor Tallahassee. FL 32399-4120 LAWANDA PEMBERTON, County Administrator 201 East Green Street 838-3500, Perry, Florida extension7 32347 Phone (850)8 (850)8 838-3501 Fax CONRAD C. BISHOP,JR, County Attomey Post Office Florida Box1 32348 167 (850)5 Pery, 584-6113 Phone (850)5 584-2433 Fax SUBMITTED VIA ELECTRONIC! PORTAL htps/Adeo.mysalesiorcesiescomicp RE: Application No. CPA24-01 (Nammo Perry Inc.) Expedited State Review of Proposed. Amendment to the Future Land Use Plan Map of the Comprehensive Plan Please find enclosed the proposed amendment package for the above noted amendment in accordance with Section Thel Local Planning. Agency held a public hearing concerning the amendment on. January 2. 2025, after public notice, as required. The Board of County Commissioners heidt the transmittal public hearing concerning the amendment on. January 6.2025. after public notice. asi required. Atthe transmittal public hearing, the Board of County Commissioners approved CPA 24-01. an application! by Nammo Perry Inc.. to amend the Future Land Use Plan Map of the Comprehensive Plan by changing the land use classification from AGRICULTURALRURAL RESIDENTIAL (less than or equai to 1 I. Thep proposed future iand use map designation of the subject property, with the boundary of the subject property andt the location in relation to the surrounding streets and thoroughfare network. submitted in color format; 2. The present future! land: use map designation oft the subject property and abutting properties adjoining the subject 3. The existing land use oft the subject property and abutting properties and the size of the subject property in acres or Dear Ms. Powel!: 163.318-4(3). Floridal Statutes, as amended. transmittal of the amendment to the Florida Department of Economic Opportunity. dwelling unit per 5 acres)t tol INDUSTRIAL for 250.79: acres. more or less. Please find enclosed: areas. submittedi in color format: fractions thereof. submitted in color format: and +. The data and anaiys sis supporting the amendment. The County hereby certifies that copies oft the complete adopted Comprehensive Plan with ail support jocuments. which include data and analysis, have been transmitted (o the appropriate review agencies. Jamie English. Chairperscn LaWanda Pemberton From: Sent: To: Cc: Subject: Attachments: Carmelita Franco Franco@nctpcorg> Thursday, December 26, 20245:09PM LaWanda Pemberton Joseph; Scott Koons Inc.) PAZ40LP-SK.r.doa4 Robert E. Johnson; Kenneth Dudley; Taylor Co. Attorney Conrad C. Bishop. Jr.; Sandra Taylor County Proposed-Expedited State Review Letter CPA 24-01 (NAMMO Perry, Subsequent to the transmittal public hearing, please: 1. 2. 3. Print the first page of the letter on County letterhead; Have the Chair sign the letter; and Return a copy oft the signed letter via a pdf format to: ranconctrpe.org. Planning Council staff will transmit the amendment package to the Department on behalf of the County. Carmeiita Franco Planning Administrative Assistant North Central Florida Regional Planning Council 20091 NW 67th Place, Gainesville, FL: 32653-1603 Contact via email only top public disclosure. PLEASE NOTE: Florida has a very broad public records law. Most writter. communications to or from government officials regarding government business are public records available to the public and media upon request. Your e-mail communications may be subject Serving Alachua Bradford . Columbia Dixie . Gilchrist . Hamilton Lafayette . Levy . Madison Suwannee . Taylor . Union Counties North Central Florida Regional Planning Council 2009 NW 67th Place, Gainesville, FL 32853-1803 . 352.955.2200 December 20, 2024 Mr. Robert E. Johnson County Building Director Taylor County 201 East Green Street Perry, FL32347-2737 TRANSMITTED VIA ELECTRONIC MAIL RE: Application No. CPA24-01 (Nammo Perry Inc.) Resolution Concerning an Amendment to the Future Land Use Plan Map ofthe Comprehensive Plan Dear Bobby: Please find enclosed the above referenced resolution. The resolution should be reviewed by the County Attorney as to legai form and sufficiency. Subsequent to the adoption of the resolution, please send a copy ofthe signed resolution to me. Ifyou have any questions concerning this matter, please do not hesitate to contact Sandra Joseph, Senior Planner, at 352.955.2200, ext. 111. Sincerely, 55 Scott R. Koons, AICP Executive Director Enclosure SRK/cf xC: Conrad C. Bishop Jr, County Attorney Kenneth Duddley, County Engineer LaWanda Pemberton. County Administrator DHV-SS 24-01_res.docs Dedicated to improving the quality of life of the Region's citizens, by enhancing public safety, protecting regional resources, promoting economic development and providing technical services to local governments. RESOLUTION NO. PB/LPA CPA 24-01 Al RESOLUTION OF THE PLANNING BOARD OF TAYLOR COUNTY,FLORIDA, SERVING ALSO AS THE LOCAL PLANNING AGENCY OF TAYLOR COUNTY, FLORIDA; RECOMMENDING TO THE BOARD OF COUNTY COMMISSIONERS OF TAYLOR COUNTY, FLORIDA, APPROVAL OF AN AMENDMENT OF MORE THAN 50 ACRES OF LANDTOTHE FUTURE LAND USE PLAN MAP OF THE TAYLOR COUNTY COMPREHENSIVE PLAN, PURSUANT TO. AN APPLICATION BY THE PROPERTY OWNER OF SAID ACREAGE, UNDER THE AMENDMENT PROCEDURES ESTABLISHED IN SECTIONS 163.3161 THROUGH 163.3248, FLORIDA STATUTES, AS AMENDED; PROVIDING FOR A CHANGE IN THE LAND USE CLASSIFICATION FROM AGRICULTURALRURAL RESIDENTIAL (LESS THAN OR EQUAL TO 1 DWELLING UNIT PER 5 ACRES) TOINDUSTRIAL OF CERTAIN LANDS WITHIN THE UNINCORPORATED AREA OF TAYLOR COUNTY, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Taylor County Land Development Code. hereinafter referred to as the Land Development Code, empowers the Planning Board of Taylor County, Florida, hereinafter referred to as the Planning Board, to recommend to the Board of County Commissioners ofTaylor County, Florida, hereinafter referred to as the Board of County Commissioners, approva! or denial ofamendments to the Taylor County Comprehensive Plan, hereinafter referred to as the Comprehensive Plan, in accordance WHEREAS, Sections 163.3161 to 163.3248, Florida Statutes, as amended, the Community Planning Act, empowers the Local Planning Agency ofTaylor County, Florida, hereinafter referred to as the Local Planning Agency, to recommend to the Board of County Commissioners approval or denial of with said code; amendments to the Comprehensive Plan. in accordance with said statute: WHEREAS, an application for an amendment, as described below, has been filed with the County: WHEREAS, the Planning Board has been designated as the Local Planning Agency; WHEREAS, pursuant to the Land Development Code and Secrion 163.3174, Florida Statutes, as amended, the Planning Board, serving also as the Local Planning Agency, held the required public hearing, with public notice, on said application for an amendment, as described below, and considered all comments received during said public hearing and the Concurrency Management Assessment concerning WHEREAS, the Planning Board, serving also as the Locai Planning Agency. has determined and found said application for an amendment, as described below, to be compatible with the Land Use Element objectives and policies, and those of other affected elements cfthe Comprehensive Plan; WHEREAS, the Planning Board, serving also as the Locai Planning Agency, has determined and found that approval ofs said application for an amendment, as described below, would promote the public health, safety, morals, order, comfort, convenience, appearance, prosperity or general welfare; and WHEREAS, the Planning Board. serving also as the Local Planning Agency. has studied and considered the items enumerated in Section 12.09.03 ofthe Land Development Code and based upon said The proposed amendment is not in conflict with any applicabie provisions of the Land The proposed amendment is consistent with all elements oft the Comprehensive Plan: The proposed amendment is noi inconsistent with existing and proposed land uses: said application for an amendment, as described below; study and consideration has determined and found that: a. b. C. Development Code; Page I of2 d. e. f. g. i. There have been changed conditions that require ar: amendment; the load on public facilities such as schools, utilities and streets; The proposed change will not seriously reduce light and air to adjacent areas; The proposed change will not adversely affect property values in the adjacent area; h. The proposed amendment will result in an orderly and logical development pattern; and The proposed change will not result in a population density pattern and increase or overtaxing of The proposed amendment will not be in conflict with the public interest, and will be in harmony NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING BOARD OF TAYLOR COUNTY, FLORIDA, SERVING ALSO. ASTHE LOCAL PLANNING AGENCY OF TAYLOR Section 1. Pursuant to an application, CPA 24-01, by Nammo Perry Inc., to amend the Future Land Use Plan Map of the Comprehensive Plan by changing the land use classification of certain lands, the Planning Board, serving also as the Local Planning Agency, recommends to the Board of County Commissioners that the land use classification be changed from AGRICULTURALRURAL RESIDENTIAL (less than or equal A parcel of land lying within Sections 17and 18, Township 6 South, Range 7 East, Taylor County. Florida, being more particularly described as follows: Commence: at the Southwest comer ofs said Section 17: thence North 0002631" West 65.57 feet, along the Westerly line ofs said Section 17; thencel North 90°00'00" West 728.58 feet for the Point of Beginning; thence continue North 90°00'00" West 610.37 feet: thence South 00°00'00" East 90.00 feet to the Southerly line of said Section 18: thence South 88°54'41" West 1,339.72 feet, along the Southerly line ofsaid Section 18; thence South 89005'34" West 1,354.35 feet; thence North 00°25'14" West 1,339.86 feet; thence North 00°27'54" West 1,340.57: feet; thence North 88950'36" East 1,349.33 feet; thence North 38050'40" East 2.584.57 feet; thence North 88053'00" Easi 1,303.74 feet to the Westerly right-of-way line ofCounty Road 361A (Puckett Road): thence South 00°35'40" East 643.19 feet, aiong said Westerly right-of-way line ofCounty Road 36:A(Puckett Roac): thence South 89°33'20" West 1,305.36 feet to the Westerly line ofs said Section 17; thence South 00025:31" East, 1,122.13 feet, along the Westerly line of said Section 17; thence South 89926'56" West 731.41 feet; with the purpose and interest oft the Land Development Code. COUNTY, FLORIDA, THAT: tol dwelling unit per 5 acres) to INDUSTRIAL for property described, as follows: thence South 00°3749" East 867.87 feet to the Point of Beginning. Containing 250.79 acres, more ori less. the extent ofs such conflict. Section 2. All resolutions or portions of resolutions in conflict with this resolution are hereby repealed to Section3. This resolution shall become effective upon adoption. PASSED AND DULY ADOPTED. in regular session with a quorum present and voting, by the Planning Board, serving aisc as the Local Planning Agency. this 2nd day ofJanuary 2025. PLANNING BCARDCF TAYLOR COUNTY, FLORIDA, SERVING ALSO. AS THE LCCAL PLANNING AGENCY OF TAYLOR COUNTY, FLORIDA Attest: County Building Director Donnie Pickford. Chair Page 2 of2 Serving Alachua Bradford . Columbia Dixie . Gilchrist . Hamilton Lafayette . Levy Madison Suwannee . Taylon . Union Counties North Central Florida Regional Planning Council December 20, 2024 Mr. Robert E. Johnson County Building Official Taylor County 201 East Green Street Perry, FL32347-2737 2009 NW 67th Place, Gainesville, FL 32853-1603 . 352.955.2200 TRANSMITTED VIA ELECTRONIC MAIL RE: Application No. CPA: 24-01 (Nammo Perry Inc.) Notice of Public Hearing Before the Board of County Commissioners Concerning an Amendment to the FutureLand Use Map of the Comprehensive Plan Please find enclosed the above referenced public notice. The public notice has been sent to the TaCO Times for publication. Dear Bobby: Ifyou have any questions concerning this matter, please do not hesitate to contact Sandra Joseph, Senior Planner, at 352.955.2200, ext. 111. Sincerely, 55 Scott R. Koons, AICP Executive Director SRK/cf Enclosure xC: Conrad C. Bishop,Jr., County Attorney Kenneth Dudley, County Engineer LaWanda Pemberton, County Administrator aphgILamachRwaLAaw. Dedicated to improving the quality of life of the Region's citizens, by enhancing public safety, protecting regional resources, promoting economic development and. providing technical. services to local governments. JAMIE ENGLISH District1 JIMN MOODY District2 MICHAEL NEWMAN District3 PAME FEAGLE District4 THOMAS DEMPS District5 TAYLOR COUNTY BOARD OF COUNTY COMMISSIONERS GARY KNOWLES, Clerk Post Office Box6 620 Perry, Florida 32348 (850) 838-3506 Phone (850) 838-3549 Fax LAWANDA PEMBERTON, County Administrator 2015 East Green Stree: Perry. Florida 32347 (850)8 838-3500. extension7 Phone (850)8 838-3501 Fax CONRADC. BISHOP, JR., County Attorney Post Office Box 167 Perry, Florida 32348 (850)5 584-8113 Phone (850)5 584-2433 Fax December 20, 2024 TO: FROM: TaCO Times - Legals Robert E. Johnson, County Building Director SUBJECT: Application No. CPA 24-01 (Nammo Perry Inc.). Notice ofa Public Hearing Before the Board of County Commissioners Concerning an Amendment to the Future Land Use Plan Map ofthe Comprehensive Plan Please find attached the above referenced public notice to be published in the legal section of the TaCO Times on December 25,2024. PLEASE INVOICE: TAYLOR COUNTY ADMINISTRATIYE COMPLEX 201 EAST GREEN STREET PERRY, FL32347-22737 Subsequent to the publication of this notice, please send affidavits of profofpubliteations to: LAWANDA PEMBERTON COUNTY ADMINISTRATOR TAYLOR COUNTY ADMINISTRATIVE COMPLEX 201 EAST GREEN STREET PERRY, FL3 32347-22737 Attachment SCOTT R. KOONS, AICP EXECUTIVE DIRECTOR NORTH CENTRAL FLORIDA REGIONAL PLANNING COUNCIL 2009 NW 67TH PLACE GAINESVILLE, FL 32653-1603 NOTICE OF LAND USE CHANGE The Board of County Commissioners of Taylor County, Florida, proposes to change the use ofl land within the area shown on the map below, by amending the Future Land Use Plan Map oft the Taylor County Comprehensive Plan, hereinafter referred to as the Comprehensive Plan, as follows: CPA 24-01, an application by Nammo Perry Inc., to amend the Future Land Use Plan Map ofthe Comprehensive Plan by changing the land use classification from AGRICULTURALRURAL RESIDENTIAL (less than or equal to I dwelling unit per 5 acres) to INDUSTRIAL on the property A parcel of land lying within Sections 17and 18, Township 6 South, Range 7 East, Taylor County, Florida, being more particularly described as follows: Commence at the Southwest corner ofs said Section 17; thence North 00°26'31" West 65.57 feet, along the Westerly line of said Section 17; thence North 90°00'00" West 728.58 feet for the Point of Beginning: thence continue North 90°00'00" West 610.37 feet; thence South 00°00'00" East 90.00 feet to the Southerly line of said Secticn 18; thence South 88°54'41" West 1,339.72 feet, along the Southerly line of said Section 18; thence South 89°05'34" West 1,354.35 feet; thence North 00025'14" West 1,339.86 feet; thence North 00027'54" West 1,340.57 feet; thence North 88°50'36" East 1,349.33 feet; thence North 88°50'40" East 2,684.57 feet; thence North 88°53'00" East 1,303.74 feet to the Westerly right-of-way line ofCounty Road 361A (Puckett Road); thence South 00°35'40" East 643.19 feet, along said Westerly right-of-way line ofCounty Road 361A (Puckett Road); thence South 89033'20" West 1,305.36 feet to the Westerly line ofsaid Section 17; thence South 00°26'31" East, 1,122.13 feet, along the Westerly line of said Section 17; thence South 89°26'56" West 731.41 feet; described below, as follows: thence South 00°37/49" East 867.87 feet to the Point of Begirning. Containing 250.79 acres, more or less. Page lof3 Taylor County Perry s 19 98 CPA 24-01- CPA 24-01 Incorporated Area County Boundary Line Road Mles E The first of two public hearings will be conducted by the Board of County Commissioners to consider the amendment, conduct a first reading of the ordinance adopting the amendment and to consider transmitta! ofthe amendment to FloridaCommerce. The public hearing will be held on January 6. 2025 at 6:15 p.m., or as soon thereafter as the matter can be heard, in the County Commission Meeting Room, Administrative Complex located at 201 East Green Street. Perry, Florida. Page 2 of3 The title ofs said ordinance shall read, as follows: AN ORDINANCE OF TAYLOR COUNTY, FLORIDA, AMENDING THE FUTURE LAND USE PLAN MAPOF THE TAYLOR COUNTY COMPREHENSIVE PLAN, AS. AMENDED; RELATING TO AN. AMENDMENT OF MORE THAN 50. ACRES OF LAND, PURSUANT TO AN APPLICATION, CPA 24-01, BY THE PROPERTY OWNER OF SAID ACREAGE, UNDER THE AMENDMENT PROCEDURES ESTABLISHED IN SECTIONS 163.3161 THROUGH 163.3248, FLORIDA STATUTES, AS AMENDED; PROVIDING FOR CHANGING THE LAND USE CLASSIFICATION FROM AGRICULTURALRURAL RESIDENTIAL (LESS THAN OR EQUAL TOIDWELLING UNIT PER: 5. ACRES)TOI INDUSTRIAL OF CERTAIN LANDS WITHIN THE UNINCORPORATED AREA OF TAYLOR COUNTY, FLORIDA; PROVIDING SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE At the aforementioned public hearing, all interested persons may appear and be heard with respect tc the amendment and the ordinance adopting the amendment on the date, time and place as referenced above. Copies of the amendment and the ordinance adopting the amendment are availabie for public inspection at the Building and Planning Department, Administrative Complex, located at 201 East Green Street, All persons are advised that ifthey decide to appeal any decision made at the above referenced public hearings, they will need ai record oft the proceedings, and that, for such purpose, they may need to ensure that a verbatim record oft the proceedings is made, which record includes the testimony and evidence upon Persons with disabilities requesting reasonable accommodations to participate in this proceeding should contact the Marsha Durden, Assistant County Administrator, at least 481 hours prior to the public hearing via telephone at 850.838.3500 Extension 7. Ifyou are hearing or speach impaired. please contactthe Perry, Florida, during regular business hours. which the appeal is to be based. Florida Relay Service at 800.955.3770 (voice) or 800.955.8771 (TTY). Publish as a nonlegal display advertisement, at least two colurns wide with the title - NOTICE OF LAND USE CHANGE - to be at least 18 point in size, in the Taco Times on December25.2024 Page 3 of3 JAMIE ENGLISH District1 JIMN MOODY District2 MICHAEL NEWMAN District3 PAMF FEAGLE District4 THOMAS DEMPS District5 TAYLOR COUNTY BOARD OF COUNTY COMMISSIONERS GARYKNOWLES, Clerk Post Office Box6 620 Perry, Florida32348 (850) 838-3506 Phone (850) 838-3549 Fax January 2, 2025 TO: FROM: LAWANDA PEMBERTON, CountyAdministrator 201E East Green Street Perry, Florida 32347 (850) 838-3500, extension7 Phone (850)8 838-3501 Fax CONRADC. SISHOP, JR., CountyAttorey Post Office Box187 Perry, Florica32348 (850) 584-6113 Phone (850)5 584-2433 Fax Board ofCounty Commissioners Planning Board SUBJECT: Application No. CPA 24-01 (Nammo Perry Inc.) Concurrency Management Assessment Concerning an Amendment to the Future Land Use Plan Map oft the Comprehensive Plan Land use amendment requests are ineligible t0 receive concurrency reservation because they are conceptual and, consequently, do not allow an accurate assessment of public facility impacts. Therefore. the following information is provided, which quantifies for the purposes ofar nonbinding concurrency determination, the demand and residual capacities for public facilities required to be addressed within the CPA 24-01, an application by Nammo Perry Inc.,to amend the Future Land Use Plan Map ofthe Comprehensive Plan by changing the land use classificationfrom AGRICULTURE RURAL RESIDENTIAL (less than or equal to 1 dwelling unit per 5 acres)to INDUSTRIALOn the property A parcel of land lying within Sections 17and 18, Township 6 South, Range 7 East, Taylor County, Florida, being more particularly described as follows: Commenceatthe Southwest comer ofsaid Section 17; thencel North 0092631" West 65.57 feet, along the Westerly line ofs said Section 17: thence North 90°00'00" West728.58feet for the Point ofE Beginning: thencesontinueNorth 90°00'00" West 610.37 feet; thence South 00°00'00" East 90.00 feett to the Southerly lineofisaid Section 18: thence South 8895441"West 1,339.72 feet, along the Southerly line of said Section 18; thence South 89905'34" West 1,354.35 feet: thenceNonh002514 West 1,339.36 feer; thencel North 00°2754" West 1,340.57: feet; thence North 8895036" East 1,349.33 feer: thenceNorth 88950'40" East 2.684.57 feet; thence North 88°53'00" East1,303.74feet to the Westerly righr-of-way line of County Roadi 361A (Puckert Road); thence South 00935'40" East 643.191 feet, aiong said Westerly right-of-way lineofCounty Road 361A(Puckett Road); thence South 8993320" West 1.305.36 feetto the Westerly lineofsaid Section 17:1 thence South 0092631" East, 1,122.13 feet. along the Westerly lineofsaid Section 17; thenceSouth89-2656 West 731.41 feet; thence South 00937149" East 867.87 feett to the Concurrency Management System. described below, as follows: Point of Beginning. Containing 250.79 acres, more or less. Board of CountyCommisioners Memorandum Page 2 Availability ofa and Demand on Public Facilities Potable Water Impact- The site is not located within a community potable water system. Consequently, the uses to be located on the site will need tol bes served by individual water wells. The individual potable water wells are anticipated to meet or exceed the adopted level ofs service standard established within the Comprehensive Plan. The proposed amendment could theoreticaily result in 2,731.103 square feet of industrial land use on the An average industrial land use is estimated to have 1.87 employees per 1,000 square feet gross flcor area. site. Based upon potabie water usage of22.5 galions per employee per day. 3.020.31,0squre feet gross floor area); x 1.87 (employees per 1,000 square feet gross floor area) =5,108 employees x 22.5 (gallons of potable water usage per employee per day) = 114,930 gallons of potable water usage per day. Sanitary Sewer Impact- The site is not located within a community centralized sanitary sewer system. Consequent!y. the uses to bel located ont the site will be served by individual septic tanks. The individuai septic tanks are anticipated tc meet or exceed the adopted levei of service standard established within the Comprehensive Plan. The proposed amendment could theoretically result in 2,731.103 square feet of industrial land use on the An average industrial land use is estimated to have 1.87 empioyees per 1,000 square feet gross floor area. Based upon an average of17.25 gallons of sanitary sewer eflluen: per employee per day. 2,731.103( 2,731,103square feet gross floor area)x 1.87 (employees per 1,000 square feet gross floor area): =5,108employees. x 17.25 (gallons of sanitary sewer effluert per employee per day) = site. 88,113 gallons of sanitary sewer effluent per day. Solid Waste Impacz- Solid waste disposai is provided for the site at the Aucilla Regional Solid Waste Facilities. The leveiof service standard established within the Comprehensive Plan for the provision cf soiid waste disposalis The proposed amendment could theoretica..y result in 2,73:.103 square feet ofindustriai land sse cn the currently being met cr exceeded. site. Board of CountyCommisioners Memorandum Page 3 Based upon 2,731.103 5.5 pounds of solid waste per 1,000 square feet gross floor area ofindustrial land use per day. (2,731,103square feet gross floor area) x 5.5 (pounds of solid waste per 1,000 square feet gross floor area per day) = 15,02lpounds of solid waste per day. waste facilities are Based upon the annual projections ofs solid waste disposal for the facility, solid anticipated to continue to meet or exceed the adopted level ofservice standard for solid waste facilities, as provided in the Comprehensive Plan, after adding the solid waste demand generated by the theoretical use of the site. Drainage Impact- Drainage facilities will be required to be provided for on site for the management of stormwater. As stormwater will be retained on site, there are no additionai impacts to drainage systems as a result of the amendment. The retention of stormwater on site will meet or exceed the edopted level of proposed service standard established within the Comprehensive Plan. Recreation Impact- The level of service established in the Comprehensive Plan for the provision of recreation facilitiesis The proposed amendment is anticipated to resuit in positive impacts 1O the recreation facilities. currently being met or exceeded. increase wili raslirrunhepropoxad amendment, there will be no need for additional AS no population amendment. Therefore, the amendment is not recreational facilities as a result cf the proposed anticipated to impect recreation facilities. proposed Recreation facilities are anticipated to continue to operate a: a level of service which meets or exceeds the level of service standards established within the Comprehensive Plan after the theoretical use oft the site. Traffic Impact- - The road network serving the site is currentiy meeting or exceeding the level of service standard required The proposed amendment could theoretically result in 2,731.103 square feer of industrial land use on the for traffic circulation facilities as provided in the Comprehersive Plan. site. Summary ofTrip Generation Calculations for Industrial U'se. An industrial use is estimated to generate 0.68 trips per 1,000 square eet of use per p.m. peak hour. 2,731.103 (2,731,103square feet gross fioor area)x 0.58 (p.m. peak hour trips pe: 1.000 square feer gross floor area) = 1,858 p.m. peak hour trips Existing p.m. peak hour trips = 855 p.m. peak ncur trips Board ofComyCommisioners Memorandum Page 4 The following table contains information concerning the assessment oft the traffic level ofservice on the surrounding road network by the proposed amendment. Level of Service Existing Existing PM Peak Level of Hour Trips Service Reserved Capacity PM Peak Hour Trips for Previously Approved 0 Development PM Peak PM Peak Hour Trips With Level of Development Hour Trips Service with Development U.S. 19/27 A/98 (from South Perry 856a GityLimits to CR3 361 (Beach Road) a Sources: B 1.853 2,714 C 2022 Annual Traffic Count Station Data, Florida-Deprment ofTransportation. Trip Generation. Institute ofTransportation Engineers. lith Edition. 2021. Quality/Level of Service Handbook, Florida Department of Transportation, 2023. Based upon the above analysis and an adopted level ofs service stancard of"C" with 2 capacity of2.070 p.m.peak hour trips the road netwerk serving the site is not anticipated 1o continue to meer the ievel of service standard required for traffic circulation as provided in the Comprehensive Pian after adding the projected number of theoretical trips associated with the proposed amendment. Affordable Housing The change in land use is not anticipated to have an effect cn affcrdable housing sicck. Surrounding Land Uses The existing land use oft the site isagricultural forest. The site is bounded on the north by vacant land: on the east by agricultural forest land uises: on the south by pubiic land use andagricuiturai forest land uses: and on the west by public land use. Historic Resources According to the Florida Division of Historical Resources Master Site File, dated 2024, there are nol known historic resources on the site. Flood Prone Areas According to the Water Management District Geographic Information Systems wetiands data layer. dated May 4, 2009, the site isnot locatedwithin a fiood prone area. Board ofCoumtyCommisioners Memorandum Page 5 Wetlands According to the Water Management District Geographic Information Systems wetlands data layer, dated 2007,the site is not located within a wetland. Minerals According to Florida Department of Environmental Protection, Fiorida Geological Survey, Digital Environmentai Geology Rock and Sediment Distribution Map data layer, dared November 28. 2018. the site is known to contain limestone. Soil Types According to the U.S. Department of Agriculture, Natural Resources Conservation Service, Soil Survey Geographic Database, dated 2015. the site is comprised of approximarely 32 percent Kershaw fine sando to 8 percent siopes), approximarely 30 percent Resota-Hurricane Complex (Oto 51 percent slopes), approximately 25 percent Ortega fine sand (01 to 5 percent slopes), approximately 8 percent Lutterloh fine sand, Limestone substratum (0 to 5 percent slopes), approximately 4 percent Ridgewood fine sand (0 to 5 percent slopes), approximately 1 percent Lutterioh-idgewuud: complev (0 to 3 percent slopes). Kershaw fine sand (0 to 8 percent siopes) soils are nearly level and gently sloping, excessively drained Kershaw fine sand (0 to 8 percent slopes) soils have slight limitations for building site development and Resota-Hurricane complex fine sand (0: to 8 percent slopes) soils are nearly leve! and gently sioping. Resota-Hurricane complex fine sand (0 to 8 percent slopes) soils have sligh: limitarions for building site Ortega fine sand (0 to 5 percenz siopes) soils are nearly level and gently sloping. moderately well drained Ortega fine sand (0 to 5 percent siopes) soiis have slight limitations fcr building site development and Lutterloh fine sand, Limestone substratum soils are nearly level and gentiy sloping, somewhat poorly Lutterloh fine sand. Limestone substratum soils have moderate limitations for building site deveiopmient Ridgewood fine sand (0 to 5 percent slopes) soils are nearly level and gently sioping, somewha: pocrly soils on the lowlands on the lower coastal piain. severe limitations for septic tanks absorption fields. moderately well drained soils on the lowlands on the lower coastai piain. development and moderate limitations for septic tanks abscrption fieids. soils on the lowlands on the lower coastai piain. moderate limitations for septic tanks absorption fields. drained soils on the lowlands on the lower coastai plain. and severe limitations for septic tanks absorption fields. drained soils on the lowlands on the lower coastal plain. Board ofCoumtyCommisioner: Memorandum Page 6 Ridgewood fine sand (0 to 5 percent slopes) soils have moderate limitations for building site developmen: Lutterloh-Ridgewood complex fine sand (0 to 3 percent slopes) soils are nearly level, somewhat poorly Lutterloh-Ridgewood complex fine sand (0 to 3 percent slopes) soils have moderate limitations for building site development and severe limitations for septic tanks absorption fields. and severe limitations for septic tanks absorption fields. drained soils on the lowlands on the lower coastal plain. High Aquifer Groundwater Recharge According to the Areas ofHigh Recharge Potential to the Floridan Aquifer, prepared by the Water Management District, dated 2016, the site is not located in an area of! high aquifer groundwater recharge. Serving Alachua Bradford . Columbia Dixie . Gilchrist . Hamilton Lafayette . Levy . Madison Suwannee . Taylor . Union Counties North Central Florida Regional Planning Council 2009 NW 67th Place, Gainesville, FL 32653-1603 . 352.955.2200 December 20, 2024 Mr. Robert E. Johnson County Building Director Taylor County 201 East Green Street Perry, FL32347-2737 TRANSMITTED VIA ELECTRONIC MAIL RE: Application No. CPA 24-01 (Nammo Perry Inc.) Concurrency Management Assessment Concerning an Amendment to the FutureLand Use Plan Map ofthe Comprehensive Plan Dear Bobby: Please find enciosed the above referenced concurrency management assessment. Ifyou have any questions concerning this matter, please do not hesitate to contact Sandra Joseph, Senior Planner, at352.955.2200, ext. 111. Sincerely, Scott R. Koons, AICP Executive Director Enclosure xC: Conrad C. Bishop, Jr., County Attorney Kenneth Duddley, County Engineer LaWanda Pemberton, County Administrator 202-upooepa2HOU nammolcpa 24-01 cma. docx Dedicated to improving the quality of life of the Region's citizens, by enhancing public safety, protecting regional resources, promoting economic development and providing technical services to local governments. JAMIE ENGLISH District1 JIMN MOODY District2 MICHAEL NEWMAN District3 PAMF District4 FEAGLE THOMAS District5 DEMPS TAYLOR COUNTY BOARD OF COUNTY COMMISSIONERS GARYKNOWLES, Clerk Post Office Box6 620 Perry, Florida32348 (850) 838-3506 Phone (850) 838-3549 Fax January 2, 2025 TO: FROM: LAWANDAI PEMBERTON, CountyAdministrator 2015 East Green Street Perry, Florida 32347 (850) 838-3500, extension7 Phone (850)8 838-3501 Fax CONRADC. BISHOP, JR., CountyAttorney Post Office Box.1 167 Perry, Florida32348 (850)5 584-6113 Phone (850)5 584-2433 Fax Board ofCounty Commissioners Planning Board SUBJECT: Application No. CPA 24-01 (Nammo Perry Inc.) Concurrency Management. Assessment Concerning an. Amendment to the Future Land Use Plan Map ofthe Comprehensive Plan Land use amendment requests are ineligible to receive concurrency reservation because they are conceptual and, consequently, do not allow an accurate assessment of public facility impacts. Therefore, the following information is provided, which quantifies for the purposes of a nonbinding concurrency determination, the demand and residual capacities for public facilities required to be addressed within the CPA 24-01, an application by Nammo Perry Inc.,to amend the Future Land Use Plan Map oft the Comprehensive Plan by changing the land use classificationfrom, AGRICULTURE RURAL RESIDENTIAL (less than or equal to 1 dwelling unit per 5 acres)to INDUSTRIALOn the property A parcel of land lying within Sections 17 and 18, Township 6 South, Range 7 East, Taylor County, Florida, being more particularly described as follows: Commenceatthe Southwest corner ofsaid Section 17; thence North 0092631" West 65.57 feet, along the Westerly line of said Section 17: thence North 90°00'00" West728.58feet for the Point of Beginning; thencecontinueNorth 90900'00" West 610.37 feet; thence South 00°00'00" East 90.00 feet to the Southerly lineofsaid Section 18: thence South 8895441"West 1,339.72 feet, along the Southerly line ofsaid Section 18; thence South 89°05'34" West 1,354.35 feet: thencel North00o25'14" West 1,339.86 feet; thence North 00°2754" West 1,340.57 feet; thence North 8805036" East 1,349.33 feer; thence North 88950'40" East 2,584.57 feet; thencel North 88953'00" Eastl,303.74feet to the Westerly right-of-way line of County Road 361A(Puckett Road); thence South 00°35'40" East 643.19 feet, along said Westerly right-of-way lineofCounty Road 361A( (Puckett Road); thence South 89033'20" West 1,305.361 feet to the Westerly lineofsaid Section 17; thence South 0092631 " East, 1,122.13 feet. along the Westerly lineofsaid Section 17; thenceSouth89-2656 West 731.41 feet; thence South 00037/49" East 867.87 feet to the Concurrency Management System. described below, as follows: Point of Beginning. Containing 250.79 acres, more or less. Board ofComtyCommisioners Memorandum Page 2 Availability ofand Demand on Public Facilities Potabie Water Impact- The site is not located within a community potable water system. Consequently, the uses to be located on the site will need to be served by individual water wells. The individual potable water weils are anticipated to meet or exceed the adopted level of service standard established within the Comprehensive Plan. The proposed amendment could theoretically result in 2,731,103 square feet ofi industrial land use on the An average industrial land use is estimated to have 1.87 employees per 1,000 square feet gross floor area. site. Based upon potable water usage of22.5 gailons per employee per day. 2731.1032.731.0hquare feet gross floor area) x 1.87 (employees per 1,000 square feet gross floor area) =5,108 employees x 22.5 (gallons of potable water usage per employee per day)= 114,930 gallons of potable water usage per day. Sanitary Sewer Impact- The site is not located within a community centralized sanitary sewer system. Consequently. the uses to bel located on the site will be served by individual septic tanks. The individual septic tanks are anticipated to meet or exceed the adopted level of service standard established within the Comprehensive Pian. The proposed amendment could theoretically result in 2.73.,103 square feet of industrial land use on the An average industrial land use is estimated to have 1.87 employees per 1.000 square feet gross floor area. Based upon an average of 17.25 gallons of sanitary sewer effluent per employee per day. 2,731.103 (2,731,103square feet gross floor area) X 1.87 (employees per 1,000 square feet gross floor area): =5,10Bemployees: X 17.25 (gallons of sanitary sewer effluert per employee per day)= site. 88,113 gallons of sanitary sewer effluent per day. Solid Waste Impact- Solid waste disposal is provided for the site at the Aucilla Regional Soiid Waste Facilities. The ievei of service standard established within the Comprehensive Plan for the provision of solid waste disposal is The proposed amendment could theoretically result in 2,73:.103 square feet of industrial land use cn the currently being met or exceeded. site. Board of CountyCommissioners Memorandum Page 3 Based upon 5.5 pounds of solid waste per 1,000 square feet gross floor area ofindustrial land use per day. 2,731.103 (2,731,103square feet gross floor area)x 5.5 (pounds of solid waste per 1,000 square feet gross Based upon the annual projections ofs solid waste disposal for the facility, solid waste facilities are anticipated to continue to meet or exceed the adopted level of service standard for solid waste facilities, as provided in the Comprehensive Plan, after adding the solid waste demand generated by the theoretical use floor area per day)-15,02lpounds: of solid waste per day. oft the site. Drainage Impact- Drainage facilities will be required to be provided for on site for the management of stormwater. As stormwater will be retained on site, there are no additional impacts to drainage systems as a result of the proposed amendment. The retention ofs stormwater on site will meet or exceed the adopted level of service standard established within the Comprehensive Plan. Recreation Impact- The level ofs service established in the Comprehensive Plan for the provision of recreation facilities is The proposed amendment is anticipated 2o result in positive impacts to the recreation facilities. As no population increase will result from the proposed amendment, there will be no need for additional recreational facilities as a result of the proposed amendment. Therefcre. the proposed amendment is not Recreation facilities are anticipated to continue to operate at a level of service which meets or exceeds the level of service standards established within the Comprehensive Plan after the theoretical use of the site. currently being met or exceeded. anticipated to impact recreation facilities. Traffic Impact- The road network serving the site is currently meeting or exceeding the level of service standard required The proposed amendment couid theoretically result in: 2.731.103 square feet of industrial land use on the for traffic circulation facilities as provided in the Comprehensive Plan. site. Summary ofTrip Generation Calculations for Industrial Use. An industrial use is estimated to generate 0.68 trips per 1.000 square eet of use per p.m. peak hour. 2,731.103 (2,731.103square feet gross floor area) X 0.68 (p.m. peak hour trips per 1.000 square feet gross floor area) = 1,858 p.m. peak hour trips Existing p.m. peak hour trips = 856 p.m. peak hour trips Board ofCoumtyCommisioners Memorandum Page 4 The following table contains information concerning the assessment oft the traffic level ofs service on the surrounding road network by the proposed amendment. Level of Service Existing Existing PM Peak Levelo of Hour Trips Service Reserved Capacity PM Peak Hour Trips for Previously Approved 0 Development PM Peak PM Peak Hour Trips With Level of Development Hour Trips Service with Development U.S. 19/27 A/98 (from South Perry 856a City Limits toCR361 (Beach Road) a Sources: B 1,853 2,714 C 2022 Annual Traffic Count Station Data, Fiorida Department ofTransportation. Trip Generation. Institute ofTransportation Engineers. Ilth Edition. 2021. Quality/Level of Service Handbook, Florida Department of Transportation. 2023. Based upon the above analysis and an adopted level of service standard of"C" with a capacity of2.070 p.m.peak hour trips the road network serving the site is not anticipated to continue to meet the level of service standard required for traffic circulation as provided in the Comprehensive Plan aftera adding the projected number of theoretical trips associated with the proposec amendment. Affordable Housing The change in land use is not anticipated to have an effect on affordable housing stock. Surrounding Land Uses The existing land use oft the site isagricuitural forest. The site is bounded on the north by vacant land: on the east by agricultural forest land uses: on the south by public land use andagricuitural forest land uses: and on the west by public land use. Historic Resources According to the Florida Division of Historical Resources Master Site File, dated 2024, there are no known historic resources on the site. Flood Prone Areas According to the Water Management District Geographic information Systems wet'ands data layer. dated May 4. 2009, the site isnot locatedwithin a flood prone area. Board dfCoumtyCommisioners Memorandum Page 5 Wetlands According to the Water Management District Geographic Information Systems wetlands data layer, dated 2007,the site is not located within a wetland. Minerals According tol Florida Department of Environmental Protection, Florida Geological Survey, Digital Environmental Geology Rock and Sediment Distribution Map data layer, dated November 28, 2018, the site is known to contain limestone. SoilTypes According to the U.S. Department of Agriculture, Natural Resources Conservation Service, Soil Survey Geographic Database, dated 2015, the site is comprised ofa approximately 32 percent Kershaw fine sand (0 to 8 percent slopes). approximately 30 percent Resota-Hurricane Complex (0 to 5 percent slopes). approximately 25 percent Ortega fine sand (Ot to 5 percent slopes). approximately 8 percent Lutterloh fine sand, Limestone substratum (0 to 5 percent slopes), approximately 4 percent Ridgewood fine sand (Oto5 percent slopes), approximately I percent Lutterloh-Ridgewood complex (Ot to 3 percent slopes). Kershaw fine sand (Ot to 8 percent slopes) soils are nearly level and gently sloping, excessively drained Kershaw fine sand (01 to 8 percent slopes) soils have slight limitations for building site development and Resota-Hurricane complex fine sand (0 to 8 percent slopes) soils are nearly level and gently sloping. Resota-Hurricane complex fine sand (0 to 8 percent slopes) soils have slight limitations for building site Ortega fine sand (0 to 5 percent slopes) soiis are nearly lever and gently sloping, moderately weil drained Ortega fine sand (0: to 5 percent slopes) soils have slight limitations for building site development and Lutterloh fine sand, Limestone substratum soils are nearly level and gently sloping. somewhat poorly Lutterloh fine sand, Limestone substratum soils have moderate liraitations for building site development Ridgewood fine sand (01 to 5 percent slopes) soils are nearly level and gently sloping, somewhat poorly soils on the lowlands on the lower coastal plain. severe limitations for septic tanks absorption fieids. moderately well drained soils on the lowiands on the lower coasta! plain. development and moderate limitations fcr septic tanks absorotion fieids. soils on the lowiands on the lower coastal plain. moderate limitations for septic tanks absorption fields. drained soils on the lowlands on the lower coastal plain. and severe limitations for septic tanks absorption fields. drained soils on the lowlands on the lower coastal plain. Board ofCoumtyCommisioners Memorandum Page 6 Ridgewood fine sand (0 to 5 percent slopes) soils have moderate limitations for building site development Lutterloh-Ridgewood complex fine sand (Oto 3 percent slopes) soils are nearly level, somewhat poorly Lutterloh-Ridgewood complex fine sand (0 to 3 percent slopes) soils have moderate limitations for building site development and severe limitations for septic tanks absorption fields. and severe limitations for septic tanks absorption fields. drained soils on the lowlands on the lower coastal plain. High Aquifer Groundwater Recharge According to the Areas of High Recharge Potential to the Floridan Aquifer, prepared by the Water Management District, dated 2016, the site is not located in an area of! high aquifer groundwater recharge. TAYLOR COUNTY BOARD OF COMMISSIONERS County Commission Agenda Item SUBJECT/TITLE: MEETING DATE REQUESTED: Statement of Issue: January 6,2025 Steinhatchee Chamber to use overflow parking at public boat ramp for Fiddler Crab Festival Recommended Action: Approval Fiscal Impact: The Chamber will charge $25 for 3 days of boon docking for RV parking. The Chamber - will provide port -alets and garbage pickup. Budgeted Expense: Submitted By: Contact: Mark Reblin Steinhatchee Chamber SUPPLEMENTAL MATERIAL/ISSUE ANALYSIS History, Facts & Issues: Many of Steinhatchee's rental homes were lost during Hurricane Helene. Additionally, some of our Marina businesses that offer rentals are operating at reduced capacity, pending repairs. Options: Attachments: The Chamber will also be advertising a block of rooms for Festival-goers in Perry, Florida TAYLOR COUNTY BOARD OF COMMISSIONERS County Commission Agenda Item SUBJECT/TITLE: Discussion of State Appropriation Request for Perry Foley Airport Meeting Date: Statement of Issue: at the Perry Foley Airport. 1/6/2024 Board to discuss a state appropriation request for a new fire station located Recommendation: Fiscal Impact: $ Submitted By: Contact: Budgeted Expense: Yes No N/A X Ward Ketring SUPPLEMENTAL MATERIAL /ISSUE ANALYSIS History, Facts & Issues: The current Fire Station is large bay aircraft hanger that was repurposed as a fire station. Construction of a new fire station at the airport would provide an opportunity to return the existing building to its original purpose of an aircraft hanger creating additional revenue to support airport operations. The buildings location is in an ideal location centered on the ramp near the terminal, fuel docks, and uses the same driveway as the other large hanger. This plan is the most efficient use of funds providing for two functions with a single request of funds. Options: Attachments: 1. 1.