2017-112 AGREEMENT FOR
OVERHEAD/ROLLUP DOORS MAINTENANCE AND REPAIR SERVICES
THIS AGREEMENT, is made and entered into this lay of /ij/Me�f
2017, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation
under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont,
Florida, (hereinafter referred to as "CITY"), and D.H. PACE COMPANY, INC., d/b/a
D.H. PACE DOOR SERVICES whose address is: 1901 East 19th Street, Olathe, KS 66061
(hereinafter referred to as "CONTRACTOR").
WHEREAS, the Lake County B.C.C. through the public procurement process awarded an
Agreement for preventative, maintenance, repair and replacement services for certain
overhead doors and gates, Lake County B.C.C. Contract Number RFP #16-0408;
WHEREAS,,CITY desires to utilize the above-referenced awarded bid, CONTRACTOR's
response thereto and Agreement in accordance with CITY's procurement policy; and
WHEREAS,CONTRACTOR desires to enter into a contract with CITY based on the terms
and conditions of the Lake County B.C.C. Contract Number RFP # 16-0408;
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth,
mutually agree as follows:
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ARTICLE I— SCOPE OF WORK
The CONTRACTOR shall provide preventative, maintenance, repair and replacement
services for certain overhead doors and gates as described in the Lake County B.C.C.
Contract Number RFP # 16-0408, which is attached hereto and incorporated herein as
Exhibit "A" and shall do everything required by this Agreement and the other Agreement
Documents contained in the specifications,which are a part of these Documents. Provided,
however, that nothing herein shall require CITY to purchase or acquire any items or
services from CONTRACTOR. To the extent of a conflict between this Agreement and
Exhibit "A", the terms and conditions of this Agreement shall prevail and govern. In all
instances the CITY purchasing policy, resolutions and ordinances shall apply.
ARTICLE II—THE CONTRACT SUM
CITY shall pay CONTRACTOR,for the faithful performance of the Agreement as set forth
in the Agreement documents and the Unit Price Schedule as set forth in Exhibit
attached hereto and incorporated herein.
ARTICLE III—TERM AND TERMINATION
1. This Agreement is to become effective upon execution by both parties,and shall
remain in effect until April 11, 2018, unless terminated or renewed as provided
by the Lake County B.C.C.
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2. Notwithstanding any other provision of this Agreement, CITY may, upon
written notice to CONTRACTOR, terminate this Agreement if: a) without
cause and for convenience upon thirty (30) days written notice to
CONTRACTOR b) CONTRACTOR is adjudged to be bankrupt; c)
CONTRACTOR makes a general assignment for the benefit of its creditors; d)
CONTRACTOR fails to comply with any of the conditions of provisions of this
Agreement; or e) CONTRACTOR is experiencing a labor dispute, which
threatens to have a substantial, adverse impact upon performance of this
Agreement, without prejudice to any other right or remedy CITY may have
under this Agreement. In the event of such termination, CITY shall be liable
only for the payment of all unpaid charges, determined in accordance with the
provisions of this Agreement, for work,properly performed and accepted prior
to the effective date of termination.
3. Upon mutual agreement of the parties,this Agreement may be renewed for three
(3) additional one(1) year terms.
ARTICLE IV—COMMENCEMENT AND COMPLETION OF WORK
The CONTRACTOR shall provide preventative, maintenance, repair and replacement
services for certain overhead doors and gates forth in the applicable purchase order or
notice to proceed.
ARTICLE V—PAYMENTS
In accordance with the provisions fully set forth in the General Conditions,
CONTRACTOR shall submit a payment request by the third (3rd) day of each calendar
month for items provided during the preceding calendar month. CITY shall make payment
to the CONTRACTOR, within thirty (30) calendar days, on the basis of a duly certified
and approved payment invoice by the CITY for services provided and accepted by the
CITY.
ARTICLE VI—WARRANTY
CONTRACTOR shall warrant all application specific goods sold to CITY under this
Agreement to be free from defects in materials and workmanship for the period of the then
current standard warranty offered by CONRTACTOR to its retail customers for such
Goods. Notwithstanding the foregoing, CONTRACTOR agrees that CITY will receive the
benefit of any warranty provided by CONTRACTOR's vendor that CONTRACTOR may
pass through to the CITY. The warranty stated in this section represents the total liability
of CONTRACTOR for any goods. ALL OTHER WARRANTIES, BOTH EXPRESS
AND IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE
HEREBY EXCLUDED. CONTRACTOR shall not be liable to City, for any indirect,
special, incidental or consequential damages. CITY agrees to be responsible for and shall
indemnify and hold CONTRACTOR harmless from and against all damages, claims or
demands to the extent arising out of or resulting from (i)improper installation of goods by
Customer; or(ii) any breach of an express product warranty issued by CITY to a customer
or end user of any of the goods that exceeds either the scope of the manufacturers' express
warranties or such other warranties set forth in this Agreement or agreed to by
CONTRACTOR in writing.
ARTICLE VII—DISPUTE RESOLUTION - MEDIATION
1. Any claim, dispute or other matter in question arising out of or related to this
Agreement shall be subject to mediation as a condition precedent to voluntary
arbitration or the institution of legal or equitable proceedings by either party.
2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and
other matters in question between them by mediation.
3. The parties shall share the mediator's fee and any filing fees equally. The mediation
shall be held in Clermont,Lake County,Florida,unless another location is mutually
agreed upon. Agreements reached in mediation shall be enforceable as settlement
Agreements in any court having jurisdiction thereof.
ARTICLE VIII—INSURANCE AND INDEMNIFICATION RIDER
1. Worker's Compensation Insurance - The CONTRACTOR shall take out
and maintain during the life of this Agreement Worker's Compensation Insurance for all
his employees connected with the work of this Project and, in case any work is sublet, the
CONTRACTOR shall require the subcontractor similarly to provide Worker's
Compensation Insurance for all of the latter's employees unless such employees are
covered by the protection afforded by the CONTRACTOR. Such insurance shall comply
with the Florida Worker's Compensation Law. In case any class of employees engaged in
hazardous work under this Agreement at the site of the Project is not protected under the
Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance,
satisfactory to the CITY, for the protection of employees not otherwise protected.
2. CONTRACTOR's Public Liability and Property Damage Insurance - The
Contactor shall take out and maintain during the life of this Agreement Comprehensive
General Liability and Comprehensive Automobile Liability Insurance as shall protect it
from claims for damage for personal injury, including accidental death, as well as claims
for property damages which may arise from operating under this Agreement whether such
operations are by itself or by anyone directly or indirectly employed by it, and the amount
of such insurance shall be minimum limits as follows:
(a) CONTRACTOR's Comprehensive General, $1,000,000 Each
($2,000,000 aggregate)
Liability Coverages, Bodily Injury Occurrence, & Property Damage
Combined Single Limit
(b) Automobile Liability Coverages, $1,000,000 Each
Bodily Injury& Property Damage Occurrence,
Combined Single Limit
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(c) Professional Liability(E&O)—with minimum limits of$1,000,000 and
annual aggregate of$2,000,000.
(d) Employers Liability, $1,000,000 Each Accident
Disease-Each Employer, $1,000,000
Disease-Policy Limit, $1,000,000
(e) Fire Damage, $50,000
(f) Medical Expense, $5,000
(g) Excess Liability, Umbrella Form $2,000,000
Each Occurrence, Combined Single Limit
Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be
amended to provide coverage on an occurrence basis.
3. SubCONTRACTOR's Public Liability and Property Damage
Insurance-The CONTRACTOR shall require each of his subCONTRACTORs to procure
and maintain during the life of this subcontract, insurance of the type specified above or
insure the activities of his subCONTRACTORs in his policy, as specified above.
4. Indemnification Rider See attached Addendum A. KAT
(a) To cover to the fullest extent permitted by law, the CONTRACTOR
shall indemnify and hold harmless the CITY and its agents and
employees from and against all claims, damages, losses and expenses,
including but not limited to attorney's fees, arising out of or resulting
from the performance of the Work, provided that any such claim,
damage, loss or expense is caused in whole or in part by any negligent
act or omission of the CONTRACTOR, any subCONTRACTOR,
anyone directly or indirectly employed by any of them or anyone for
whose acts any of them may be liable, regardless of whether or not it is
caused in part by a party indemnified hereunder. Such obligation shall
not be construed to negate, abridge, or otherwise reduce any other right
to obligation of indemnity which would otherwise exist as to any party
or person described in this Article.
(b) In any and all claims against the CITY or any of its agents or employees
by any employee of the CONTRACTOR, any subcontractor, anyone
directly or indirectly employed by any of them or anyone for whose acts
any of them may be liable, the indemnification obligations under this
Paragraph shall not be limited in any way by any limitation on the
amount or type of damages, compensation or benefits payable by or for
the CONTRACTOR or any subcontractor under workers'or workmen's
compensation acts,disability benefit acts or other employee benefit acts.
(c) The CONTRACTOR hereby acknowledges receipt of ten dollars and
other good and valuable consideration from the CITY for the
indemnification provided herein.
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ARTICLE IX—NOTICES
All notices shall be in writing and sent by United States mail, certified or registered, with
return receipt requested and postage prepaid,or by nationally recognized overnight courier
service to the address of the party set forth below. Any such notice shall be deemed given
when received by the party to whom it is intended.
CONTRACTOR: D.H. Pace Company, Inc. d/b/a
D.H. Pace Door Services
1901 East 119th Street
Olathe,KS 66061
Attn: Jeff Allen, Vice President
CITY: City of Clermont
Attn: Darren Gray, City Manager
685 W. Montrose Street
Clermont, FL 34711
ARTICLE X—MISCELLANEOUS
1. Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret any
provision of this Agreement, the prevailing party shall be entitled to recover such
sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal,
in addition to all other sums provided by law.
2. Waiver. The waiver by city of breach of any provision of this Agreement shall not
be construed or operate as a waiver of any subsequent breach of such provision or
of such provision itself and shall in no way affect the enforcement of any other
provisions of this Agreement.
3. Severability. If any provision of this Agreement or the application thereof to any
person or circumstance is to any extent invalid or unenforceable, such provision,or
part thereof, shall be deleted or modified in such a manner as to make the
Agreement valid and enforceable under applicable law, the remainder of this
Agreement and the application of such a provision to other persons or
circumstances shall be unaffected, and this Agreement shall be valid and
enforceable to the fullest extent permitted by applicable law.
4. Amendment. Except for as otherwise provided herein, this Agreement may not be
modified or amended except by an Agreement in writing signed by both parties.
5. Entire Agreement. This Agreement including the documents incorporated by
reference contains the entire understanding of the parties hereto and supersedes all
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prior and contemporaneous Agreements between the parties with respect to the
performance of services by CONTRACTOR.
6. Assignment. Except in the event of merger, consolidation, or other change of
control pursuant to the sale of all or substantially all of either party's assets, this
Agreement is personal to the parties hereto and may not be assigned by
CONTRACTOR, in whole or in part, without the prior written consent of city.
7. Venue. The parties agree that the sole and exclusive venue for any cause of action
arising out of this Agreement shall be Lake County, Florida.
8. Applicable Law. This Agreement and any amendments hereto are executed and
delivered in the State of Florida and shall be governed, interpreted, construed and
enforced in accordance with the laws of the State of Florida.
9. Public Records. Contractor expressly understands records associated with this
project are public records and agrees to comply with Florida's Public Records law,
to include, to:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the CITY in order to perform the services contemplated herein.
(b) Provide the public with access to public records on the same terms and
conditions that the CITY would provide the records and at a cost that does
not exceed the cost provided in this Florida's Public Records law or as
otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost,
to the CITY all public records in possession of CONTRACTOR upon
termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements. CONTRACTOR shall use reasonable efforts to provide all
records stored electronically to the CITY in a format that is compatible with
the information technology systems of the CITY.
(e) IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTRACTOR SHALL
CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT
CITY CLERK'S OFFICE, (352) 241-7331.
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ARTICLE X1 —AGREEMENT DOCUMENTS
The Agreement Documents, as listed below are herein made fully a part of this Agreement
as if herein repeated.
Document Precedence:
1. This Agreement
2. Purchase Order/Notice to Proceed
3. All documents contained in the Lake County B.C.C. Contract Number RFP # 16-
0408.
IN WITI� SS WHE EOF, the parties hereto have executed this Agreement on
this )8 day of OVenL Q,( . 2017.
r Y City of C nt
,s
474x D � OT an _er
rL
\1/4_....,k
q..'i,,,, r Attest: i-;:
to !t
C? )} n? 19th, '{
.?. 1 , ,•Tracy Ackroyd Howe, City Clerk
D.H. Pace Company Ince d/b/a D.H. Pace Door Services
By: it ! �� A .ice.
(Name 'rim' diTyped)
Jeff Allen,Vice President
Title
Attest:
Corporate Seem y
Brian Gillespie
(Name Printed or Typed)
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EXHIBIT A
4T.
LAKE COUNTY
FLORIDA
MODIFICATION OF CONTRACT
1. Modification No.:2 2. Contract No.: 16-0408
Effective Date:February 15,2017 Effective Date:April 12,2016
3. Senior Contracting Officer: Sandra Rogers 5. Contractor Name and Address:
Telephone Number:(352)343-9832 D.H.Pace Company
4. Issued By: 1901 East 19th Street
Procurement Services Olathe,Kansas 66061 •
Lake County Administration Building
315 W.Main St.,Suite 441
Tavares,Florida 32778-7800
6. SPECIAL INSTRUCTIONS: Contractor is required to sign Block 8 showing acceptance of the below written
modification and return this form to address shown in Block 4 within ten(10)days after receipt,preferably by certified
mail to ensure a system of positive receipts, Retain a photocopy of the signed copy of this modification and attach to
original of contract,which was previously provided.
7. DESCRIPTION OF MODIFICATION:
This contract modification is to add the following language:
Subcontractors
A. In the event that the CONTRACTOR needs to hire a subcontractor to complete the work being assigned,
prior approval from the Project Manger shall be required. The cost of the subcontractor shall be indicated on the estimate
and the invoice. The CONTRACTOR shall be allowed to assess a percentage of up to fifteen(15)percent above the actual
cost of the subcontractor. A copy of the subcontractor's invoice to the CONTRACTOR shall accompany the invoice being
submitted to the COUNTY. Within five (5) calendar days after the award of any subcontract, the CONTRACTOR shall
deliver to the COUNTY a statement setting forth the name and address of the subcontractor, a summary description of the
work subcontracted and a copy of the subcontract.
B. The CONTRACTOR shall be fully responsible to the COUNTY for the acts and omissions of the
CONTRACTOR's subcontractors and of persons either directly or indirectly employed by them.
C. All subcontractors, for as long as the subcontractor is working on the job site, shall have at least one
supervisor/foreman on the job site that shall speak and understand English,
D. The CONTRACTOR shall cause its subcontractors and suppliers to comply with the Project/Service
schedule and applicable sub-schedules.
E. The CONTRACTOR shall include with the final invoice a completed CONTRACTOR'S FINAL
PAYMENT AFFIDAVIT(provided at the end of this document). The invoice will not be processed without the form.
8. Contractor's Signature REQUIRED 9. Lake County,Florida
Name:
Title: c,�. -,(&U'l.�i RT' By:
Nl t Senior Contractin leer
Date: 31.3f 2011 p?)_O — 1
Date
10, Distribution:
Original-Bid No.
Copies-Contractor
Contracting Officer
LAKE COUNTY
FLORIDA
MODIFICATION OF CONTRACT
1. Modification No.: I 2. Contract No.: 16-0408
Effective Date:August 30,2016 Effective Date:April 12,2016
3. Contracting Officer:Sandra Rogers 5. Contractor Name and Address:
Telephone Number: (352)343-9832 D.H.Pace Company
1901 East 19th Street
4. Issued By: Olathe,Kansas 66061
Procurement Services
Lake County Administration Building
315 W.Main St.,Suite 441 Attn:Randy Batt—Senior Vice President
Tavares,Florida 32778-7800
6. SPECIAL INSTRUCTIONS: Contractor is required to sign Block 8 showing acceptance of the below written
modification and retvm this form to address shown in Block 4 within ten(10)days after receipt,preferably by certified
mail to ensure a system of positive receipts. Retain a photocopy of the signed copy of this modification and attach to
original of contract,which was previously provided.
7. DESCRIPTION OF MODIFICATION:
Contract modification to ADD the following to the contract(highlighted in blue):
HOURLY RATES;FOR AS NEEDED REPAIRS OR NEW REPLACEMENT OF
EQUIPMENT
Lead worker—regular business hours(8am-5pm)-Cost per hour $79.00
Helper-regular business hours(8am-5pm)-Cost per hour $79.00
Lead worker—after regular business hours-Cost per hour $125.00
Helper—after regular business hours -Cost per hour $125.00
Materials to be supplied at actual cost plus Contractor's mark-up percentage 25%
8. Contractor's Signature REOUIRED 9. Lake County,Florida
•
Name: ' ?Mc'\ accp By:
Title: �ira/l.( MAAR if Senior Contracts fficer
Date: 9.1 IA j7-b1 - I g • / (v
Date
FISCAL AND ADMINISTRATIVE SERVICL'SNROCIIREMENT SERV ICES
P.O.BOX 7800.315 W.MAIN ST.,TAVARES,PL 32778.1'352343.9839•F 352.343.9473
Board of County Commisciuners•wwn•.lakecountyfLgor
TIMOTHY I.SULLIVAN ° SCAN M.PARKS,AIM:prr JIMMY CONNER LESLIE CAMPIONE WELTON G.CAbWEL.
District! District 2 ,District 3 District 9 District 5
•
_ S
10. Distribution:
Original-Bid No,
Copies-Contractor
Contracting Officer'
•
•
•
•
•
•
1
AGREEMENT BETWEEN
LAKE COUNTY,FLORIDA AND
D.H.PACE COMPANY,INC.
FOR OVERHEAD DOORS AND GATE SERVICES
RFP#16-0408
This is an Agreement between Lake County,Florida,a political subdivision of the State of Florida,
herein referred to as COUNTY, by and through its Board of County Commissioners, and D. H. Pace
Company,Inc.doing business as D.H.Pace Door Services,a foreign corporation authorized to do business
in the State of Florida,its successors and assigns,herein referred to as CONTRACTOR.
WITNESSETH:
WHEREAS, the COUNTY publicly submitted a Request for Proposal q p (RFP) #16-0408 seeking
firms or individuals qualified to provide preventative, maintenance, repair and replacement services for
certain overhead doors and gates located in Lake County,Florida;and
WHEREAS, CONTRACTOR desires to perform such services subject to the terms of this
Agreement; and
WHEREAS, the provision of such services will benefit the parties and the residents of Lake
County,Florida.
NOW, THEREFORE, IN CONSIDERATION of the mutual terms, understandings, conditions,
promises,covenants and payment hereinafter set forth,and intending to be legally bound,the parties hereby
agree as follows:
Article 1. Recitals
The foregoing recitals arc true and correct and incorporated herein.
Article 2. Purpose
The purpose of this Agreement is for CONTRACTOR to provide full maintenance, repair, and new
replacement services to the interior and exterior roll-up doors, overhead doors,sliding doors, and
gates at certain locations in Lake County,Florida,hereinafter referred to as the"Project/Service."
Article 3. Scope of Professional Services
3.1 On the terms and conditions set forth in this Agreement, COUNTY hereby engages
CONTRACTOR to provide all labor, materials and equipment to complete the Project/Service in
accordance with the Scope of Services, attached hereto and incorporated herein as Attachment A.. It is
understood that the Scope of Services may be modified by change order as the Project/Service progresses,
but to be effective and binding, any such change order must be in writing, executed by the parties, and in
accordance with the COUNTY's Purchasing Policies and Procedures. A copy of these policies and
procedures shall be made available to the CONTRACTOR upon request.
F
3.2 This Agreement shall become effective upon the date of execution by the County and shall remain
in effect for a twenty-four(24) month term. The COUNTY has the option to renewal this Agreement for `.
three (3) additional twelve (12)month period(s). Prior to, or upon completion, of the initial term of this
contract,the County shall have the option to renew the contract for three(3)additional twelve(12)month
periods under the same terms and conditions. Prior to completion of each exercised contract term, the
County may consider an adjustment to price based on changes in the following pricing index: CPI-W. It is
the vendor's responsibility to request in writing any pricing adjustment under this provision. The vendor's
written request for adjustment should be submitted sixty(60)calendar days prior to expiration of the then
current contract term. The vendor adjustment request must clearly substantiate the requested increase. The
written request for adjustment should not be in excess of the relevant pricing index change. If no adjustment
request is received from the vendor,the County will assume that the vendor has agreed that the optional
term may be exercised without pricing adjustment. Any adjustment request received after the
commencement of a new option period shall not be considered.
All work shall be performed in accordance with good commercial practice. The work schedule and
completion dates shall be adhered to by the CONTRACTOR except in such cases where the completion
date will be delayed due to acts of God,strikes,or other causes beyond the control of the CONTRACTOR.
In these cases, the CONTRACTOR shall notify the COUNTY of the delays in advance of the original
completion so that a revised delivery schedule can be appropriately considered by the COUNTY. No
additional days shall be granted for rain delays.
3.3 The CONTRACTOR shall be solely responsible for obtaining all necessary approvals and permits
to complete the Project/Service.
3.4 The CONTRACTOR shall remain appropriately licensed and/or employ the services of a
subcontractor who is appropriately licensed throughout the course of the Project/Service. Failure to
maintain all required licenses shall entitle the COUNTY,at its option,to terminate this Agreement.
3.5 Although this Agreement identifies specific facilities to be serviced, it is hereby agreed and
understood that any County department or agency facility may be added to this Agreement at the option of
the County. When required by the pricing structure of the Agreement,the CONTRACTOR shall be invited
to submit price quotes for these additional facilities. The additional site(s)shall be added to this Agreement
by formal modification. The COUNTY may obtain price quotes for the additional facilities from other
vendors in the event that fair and reasonable pricing is not obtained from the CONTRACTOR or for other
reasons at the County's discretion.Although this Agreement identifies specific facilities to be serviced, it
is hereby agreed and understood that any County department or agency may delete service for any facility
when such service is no longer required,upon fourteen(14)calendar days written notice.
3.6 The CONTRACTOR acknowledges that it has sufficient understanding of the nature and location
of the work;the general and local conditions,including but not limited to,those bearing upon transportation,
disposal, handling and storage of materials; availability of labor, water, electric power, and roads; and
uncertainties of weather or similar physical conditions at the site;the character of equipment and facilities
needed preliminary to and during the completion of the Project/Service. The CONTRACTOR further
acknowledges that the CONTRACTOR has satisfied itself as to the character, quality and quantity of
surface and subsurface materials,obstacles or conditions of the site.Any failure by the CONTRACTOR to
acquaint itself with any aspect of the work or with any of the applicable conditions shall not relieve the
CONTRACTOR from responsibility for adequately evaluating the difficulty or cost of successfully
performing the work required, nor shall it be considered a basis for any claim for additional time or
compensation. The COUNTY assumes no responsibility for any conclusions or interpretations made by
the CONTRACTOR on the basis of the information made available by the COUNTY. The COUNTY also
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S:IDOCUMENT 20151P.ROCUREMF.N7\I6-0408 Overhead Doors and Gates116-0408 D.H.Pace 2.23.16.docx
{
assumes no responsibility for any understanding or representations made by its officers or agents during or
prior to the execution of this contract,unless such understanding or interpretations are made in writing and
incorporated herein by reference.
3.7 If required, the Contractors shall attend a mandatory pre-bid meeting. Whether or not there is a
mandatory or non-mandatory pre-bid, the contractor shall be required to carefully examine any supplied
drawings and/or specifications and be thoroughly aware regarding any and all conditions that may in any
manner affect the work to be performed under the contract. If a pre-bid meeting is not required the
Contractor shall visit the site to familiarize themselves with the Project/Service, see existing conditions,
and take measurements. No additional allowances will be made for lack of knowledge of these conditions,
3.8 In the event of any conflict between the drawings and specifications contained within this
Agreement,the following shall govern:
A. Addenda shall supersede all other contract documents to the extent specified in the
addenda. Subsequent addenda shall supersede prior to addenda only to the extent specified therein.
B. Drawings and specifications are intended to agree and be mutually complete.Any item not
contained within the drawings, but contained in the specifications, or vice-versa, shall be provided and/or
executed as shown in either the drawing or specification at no extra costs to the COUNTY. Should anything
not included in either the drawing and/or the specifications be necessary for the proper construction and/or
operation of the Project/Service as herein specified, or should any error or disagreement between the
specifications and drawings exist or appear to exist, the CONTRACTOR shall not derive unjust benefit
thereby,or use such disagreement counter to the best interests of the COUNTY.The CONTRACTOR shall
immediately notify the COUNTY's Project Manager of any discrepancy and await the Project Manager's
direction before proceeding with the work in question.
3.9 CONTRACTOR acknowledges and agrees that CONTRACTOR shall utilize the U.S.Department
of Homeland Security's E-Verify system in accordance with the terms governing use of the system to
confirm the employment eligibility of:
A. All persons employed by the CONTRACTOR during the term of this Agreement to
perform employment duties within Lake County;and
B. All persons, including subcontractors, assigned by the CONTRACTOR to perform work
pursuant to the contract.
3.10 CONTRACTOR acknowledges and agrees that, in accordance with Section 255.099, Florida
Statutes,if the Project/Service assigned to CONTRACTOR is being supported in whole or in part by State
funding the CONTRACTOR shall give preference to the employment of state residents in the performance
of the work on the Project/Service if state residents have substantially equal qualifications to those of non-
residents. If the CONTRACTOR is required to employ state residents, the CONTRACTOR shall contact
the Department of Economic Opportunity to post the employment needs in the State's job bank
system. However,in work involving the expenditure of federal aid funds,this section may not be enforced
in such a manner as to conflict with or be contrary to federal law prescribing a labor preference to honorably
discharged soldiers, sailors,or marines, or prohibiting as unlawful any other preference or discrimination
among the citizens of the United States.
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S:IDOCU;vIEN1\20151PROCUREMENTO6-0408 Overhead Doors and Gates116-0408 D.H.Pace 2.23.16.daex
Article 4. Payment
4.1 The COUNTY shall pay and CONTRACTOR shall accept, as full and complete payment for the
timely and complete performance of its obligations hereunder as provided in the Pricing Schedule which is
attached as Attachment B to this Agreement and which is made a part of this Agreement by reference.
A fixed lump sum price represents the CONTRACTOR'S base bid plus the optional portion of the
Project/Service, including all applicable taxes, materials, labor, supervision, fuel, permits, licenses,
management and overhead,unless a duly authorized change order has been issued in accordance with the
COUNTY's purchasing policies and procedures.
Any hourly rate quoted shall be deemed to provide full compensation to the CONTRACTOR for labor,
supervision, equipment use,travel time, and all other costs associated with providing the services needed
to satisfactorily complete all work provided. This rate is assumed to be at straight-time for all labor,except
as otherwise noted.
4.2 CONTRACTOR shall submit progress invoice no later than the tenth (I06) of each month to
Facilities and Fleet Management Department,32400 C.R.473,Leesburg,Florida 34788. All invoices shall
contain the bid number, date and location of delivery or service,purchase order number, confirmation of
acceptance of the goods or services by the appropriate COUNTY representative,and a detailed description
of services provided. Failure to submit invoices in the prescribed manner will delay payment, and the
CONTRACTOR may be considered in default of contract and its contract may be terminated.Final invoices
shall include an original, completed "Certification of Payment to Subcontractors and Suppliers" form, if
applicable.
The Contractor may receive periodic payments on a thirty (30) day interval for Project/Service tasks
completed during that period by the Contractor and approved by the County's Project Manager.Retention
of funds shall be held in accordance with Florida Prompt Payment Act. In order for the County to provide
payment, the Contractor shall submit a fully documented invoice that provides the basic information set
forth below.
4.3 The COUNTY shall make payment on all undisputed invoices in accordance with the Florida
Prompt Payment Act,Part VII,Chapter 218,Florida Statutes. The COUNTY shall not make payment on
partial delivery of supplies,services,or materials.
4.4 In the event any part of this Agreement or the Project/Selvice,is to be funded by federal, state,or
other local agency monies,the CONTRACTOR hereby agrees to cooperate with the COUNTY in order to
assure compliance with all requirements of the funding entity applicable to the use of the monies,including
providing access to and the right to examine relevant documents related to the Project/Service and as
specifically required by the Federal or state granting agency, and receiving no payment until all required
forms are completed and submitted. A copy of the requirements shall be supplied to the CONTRACTOR
by the COUNTY upon request.
Article 5. County Responsibilities
5.1 COUNTY shall designate a County staff member to act as COUNTY'S Project Manager. It is
agreed to by the parties that the COUNTY'S Project Manager will decide all questions, difficulties, or
disputes, of whatever nature, which may arise relative to the interpretation of the plans, construction,
prosecution and fulfillment of the Scope of Services,and as to the character, quality,amount and value of
any work done, and materials furnished,under or by reason of this Agreement. The COUNTY'S Project
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Manager may appoint representatives as desired that will be authorized to inspect all work done and all
materials furnished,
5.2 COUNTY shall pay in accordance with the provisions set forth in this Agreement.
5.3 COUNTY retains the right to inspect all work to verify compliance with the contract documents.
Such inspection may extend to all or any part of the work and to the manufacture,preparation or fabrication
of the materials to be used.
Article 6. Construction Provisions
6.1 Intent of the Contract Documents.
A. For purposes of this Agreement,the term"contract documents"includes all bid documents,
drawings, the Statement of Work, attachments to this Agreement, and provisions within this Agreement,
along with any change orders or amendments to this Agreement.
B. It is the intent of the contract documents to describe a functionally complete Project/Service
which defines the scope of work. Any work,materials,or equipment that may reasonably be inferred from
the contract documents as being required to produce the intended result shall be supplied whether or not
specifically called for. When words which have a well known technical or trade meaning are used to
describe work, material or equipment, such words shall be interpreted in accordance with that meaning.
Reference to standard specifications,manuals or codes of any technical society,organization or association
or to the laws or regulations of any governmental authority having jurisdiction over the Project/Service,
whether such reference be specified or by implication,shall mean the latest standard specification,manual,
code,law or regulation in effect at the time the work performed,unless specifically stated otherwise herein.
C. The contract documents and all referenced standards cited therein are essential parts of the
contract requirements. A requirement occurring in one is binding as though occurring in.all.
6.2 Errors and Omissions. The CONTRACTOR shall not take advantage of any apparent error or
omission in the contract documents. If any error or omission appears in the contract documents, the
CONTRACTOR shall immediately notify the COUNTY in writing of such errors or omissions. In the event
the CONTRACTOR knows or should have known of any error or omission and failed to provide such
notification, the CONTRACTOR shall be deemed to have waived any claim for increased time or
compensation the CONTRACTOR may have had and the CONTRACTOR shall be responsible for the
results and the costs of rectifying any such error or omission.
6.3 Contractor Personnel.
A. The CONTRACTOR shall assure that all personnel are competent,careful and reliable. All
personnel must have sufficient skill and experience to perform their assigned task properly and satisfactorily
and to operate any equipment involved, and shall make due and proper effort to execute the work in the
manner prescribed in the contract documents.
B. When the COUNTY determines that any person is incompetent, unfaithful, intemperate,
disorderly or insubordinate,such person shall be immediately discharged from the Project/Service and shall
not again be employed on the Project/Service without the written consent of the COUNTY. Should the
CONTRACTOR fail to remove such person or persons, the COUNTY may withhold all payments which
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are or may become due, or may suspend the work with approval of the COUNTY until such orders are
complied with.
C. The CONTRACTOR shall at all times have at the Project/Service as its agent a competent
superintendent capable and thoroughly experienced in the type of work being performed,who shall receive
instructions from the COUNTY. The superintendent shall supervise all trades, direct all Project/Service
activities,establish and maintain installation schedules, and provide the COUNTY's Project Manager with
progress reports as requested.The superintendent shall have full authority to execute the orders or directions
of the COUNTY,and if applicable to supply promptly any materials,tools,equipment,labor and incidentals
which may be required. Such superintendent shall be furnished regardless of the amount of work sublet.
The CONTRACTOR's superintendent shall speak, write, and understand English and shall be on the job
site during all working hours.
D. No alcoholic beverages or drugs are permitted on any COUNTY properties. Evidence of
alcoholic beverages or drug use by an individual will result in immediate termination from the job site.
E. The CONTRACTOR shall maintain a dress code for their employee's with a minimum of
shirts,pants, and work shoes/boots, in decent condition, at all times while the work is being performed.
Additionally,there may be times in which the COUNTY will require all workers on a particular individual
Project/Service to wear ID badges. The COUNTY shall supply the ID badges. If ID badges are necessary,
the CONTRACTOR will ensure that all workers employed for that particular Project/Service, whether
employed by the CONTRACTOR or a subcontractor, are scheduled, prior to assignment, for an
appointment during the COUNTY'S normal working hours with the COUNTY'S Project Manager, to
process and receive ID badges. All new workers must be assigned an ID badge prior to starting work for
that Project/Service. The CONTRACTOR shall be aware that it may take up to one(1)week to receive ID
badges after required information has been received and pictures have been taken.
F. If required by the COUNTY for the Project/Service,the CONTRACTOR shall provide the
COUNTY with a complete list of personnel, subcontractors, and representatives of the CONTRACTOR
that shall be utilized for the Project/Service. The list shall include a full name,address,telephone number,
copy of social security card, and a copy of driver's license/State of Florida identification card/valid
passport/valid work visa. Background checks may be performed by the Lake County Sheriff's Office at no
expense to the CONTRACTOR, on a Task by Task basis.At no time shall any person associated with the
CONTRACTOR be granted access to perform work on COUNTY property prior to a completed
background check. All decisions related to the approval of background checks shall be made by the Lake
County Sheriffs Office. All decisions are final. The CONTRACTOR must remove any employee, with
access to COUNTY facilities,from COUNTY service who is convicted of a felony crime during the time
this Agreement is in effect. Failure of the CONTRACTOR to obtain background checks if specified may
result in termination of this Agreement. The COUNTY reserves the right to require immediate removal of
any employee from COUNTY property it deems unfit for service for any reason. This right is non-
negotiable and the CONTRACTOR agrees to this condition by accepting this Agreement. The
CONTRACTOR shall have enough qualified people with current background checks so as to be able to
provide a replacement within twenty-four(24)hours.
6.4 Subcontractors.
A. Within five(5)calendar days after the award of any subcontract,the CONTRACTOR shall
deliver to the COUNTY a statement setting forth the name and address of the subcontractor, a summary
description of the work subcontracted and a copy of the subcontract.
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B. The CONTRACTOR shall be fully responsible to the COUNTY for the acts and omissions
of the CONTRACTOR's subcontractors and of persons either directly or indirectly employed by them.
C. All subcontractors,for as long as the subcontractor is working on the job site,shall have at
least one supervisor/foreman on the job site that shall speak and understand English.
D. The CONTRACTOR shall cause its subcontractors and suppliers to comply with the
Project/Service schedule and applicable sub-schedules.
E. Releases of liens from subcontractors shall be required before final payment will be
released.
6.5 Completion of the Scope of Services. The CONTRACTOR shall give the work the attention
necessary to assure the scheduled progress and shall cooperate fully with the COUNTY and with other
contractors on the job site. All work shall be done in accordance with the contract documents. When not
specifically identified in the technical specifications, such materials and equipment shall be of a suitable
type and grade for the purpose. All material,workmanship,and equipment shall be subject to the inspection
and approval of the COUNTY.
6.6 Emergencies. If required by the Scope of Scopes, the CONTRACTOR shall have a responsible
person available at,or reasonably near,the Project/Service on a twenty-four(24)hour basis,seven(7)days
a week, who may be contacted in emergencies and in cases where immediate action must be taken to
maintain traffic or to handle any other problem that might arise. The CONTRACTOR'S responsible person
for supervision of emergencies shall speak and understand, both verbally and in writing, the English
language. The CONTRACTOR shall submit to the COUNTY'S Project Manager,the phone numbers and
names of personnel designated to be contacted in cases of emergencies. Included in this list shall be a
twenty-four (24) hour contact phone number for all subcontractors, if any, performing work under this
Agreement. This list shall contain the name of their supervisors responsible for work pertaining to this
Agreement.
In the event of an emergency affecting the safety or protection of persons, or the work or property at the
Project/Service site or adjacent thereto,the CONTRACTOR,without special instruction or authorization
from the COUNTY is obligated to act to prevent threatened damage,injury or loss. The CONTRACTOR
shall contact the COUNTY as soon as possible by telephone and with written notice as soon as feasible
thereafter, but no later than twenty-four (24) hours after the occurrence of the emergency, if the
CONTRACTOR believes that any significant changes in the work or variations from the contract
documents has occurred. If the COUNTY determines that a change in the contract documents is required
because of the action taken in response to an emergency,a change order request shall be issued to document
the consequences of the changes or variations. If the CONTRACTOR fails to provide written notice within
the twenty-four(24)hour limitation noted above,the CONTRACTOR shall be deemed to have waived any
right it otherwise may have had to seek an adjustment to the contract amount or an extension to the contract
time.
6.7 Safety.
A. The CONTRACTOR shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the work and for complying with all requirements of
the Occupational Safety and Health Administration(OSHA) and any other industry,federal, state or local
government standards, including the National.Institute of Occupational Safety Hazards (NIOSH), and the
National Fire Protection Association (NFPA). The CONTRACTOR shall take all necessary precautions
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•
for the safety of,and shall provide the necessary protection to prevent damage, injury or loss to persons or
property. The CONTRACTOR shall be aware that while working for the COUNTY,representatives from
agencies such as OSHA are invitees and need not have warrants or permission to enter the work site. Any
fines levied by the above-mentioned authorities for failure to comply with these requirements shall be borne
solely by the CONTRACTOR.
B. CONTRACTOR certifies that all material, equipment, etc. to be used in an individual
Project/Service meets all Occupational Safety and Health Administration (OSHA) requirements. The
CONTRACTOR further certifies that if any of the material,equipment,etc.is found to be deficient in any
OSHA requirement in effect on the date of delivery, all costs necessary to bring the material, equipment,
etc. into compliance with the aforementioned requirements shall be borne by the CONTRACTOR. All
standard equipment, work operations, safety equipment, personal protective equipment, and lighting
required or mandated by State,Federal,OSHA,or Americans with Disabilities Act(ADA)regulations must
be provided and used by the CONTRACTOR and its employees
C. All safety devices installed by the manufacturer on equipment utilized by the
CONTRACTOR on the jobsite shall be in place and in proper working order at all times. If the COUNTY
determines that the equipment is deficient in safety devices, the CONTRACTOR shall be notified
immediately. The CONTRACTOR shall immediately repair, or remove the equipment from service until •
•
the deficiency is corrected to the satisfaction of the COUNTY.
D. The COUNTY may periodically monitor the work site for safety. Should there be safety
and/or health violations, the COUNTY shall have the authority, but not the duty, to require the
CONTRACTOR to correct the violation in an expeditious manner. If there is any situation that is deemed
unsafe by the COUNTY, the Project/Service will be shut down immediately upon notice and will not
resume work until the unsafe condition has been remedied.
E. Should the work site be in a hazardous area,the COUNTY shall take reasonable actions to
furnish the CONTRACTOR with information concerning hazards such as the types or the identification of
known toxic material,machine hazards,Material Safety Data Sheets, or any other information that would
assist the CONTRACTOR in the planning of a safe work site. The CONTRACTOR retains the ultimate
responsibility to ensure all work is performed in a manner consistent with all applicable safety standards
and directives.
F. CONTRACTOR shall erect and maintain,as required by existing conditions and contract
performance, safeguards for safety and protection such as barricades, danger signs, a construction fence,
and other warnings against hazardous conditions.
G. CONTRACTOR shall be responsible for the removal of all surplus material and debris
from the Project/Service site at the end of each work day. All costs associated with clean-up and debris
removal shall be included in the lump sum price stated elsewhere herein. The Contractor shall leave the
site clean and neat. All work must be cleaned up prior to the next day of business. At no time shall the
specified work interfere with the regular operating hours of Lake County. The Contractor must have ample
cleaning supplies and a minimum of two (2) vacuum cleaners on-site for clean-up. At no time shall the
Contractor use County cleaning supplies or equipment.Upon final completion,the CONTRACTOR shall
thoroughly clean-up all areas where work has been involved as mutually agreed with the COUNTY'S
Project Manager. PLEASE NOTE: If at any time the Contractor fails to clean up the work area to
acceptable levels the County shall retain outside cleaning services and the actual costs for this service
shall be deducted from the Contractor's final payment with the minimum cost of S50.00 to offset
County time for securing services to properly clean and inspect the site.
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H. CONTRACTOR shall confine all equipment, materials and operations to the
Project/Service site and areas identified in the Contract documents. CONTRACTOR shall assume all
responsibility for any damage to any such area resulting from the performance of the work.
I. CONTRACTOR is responsible for notifying the COUNTY of any hazardous materials
used on the work site and providing the COUNTY a copy of the Material Safety Data Sheets(MSDS). Any
spillage of hazardous chemicals and/or wastes by the CONTRACTOR shall be reported immediately to the
COUNTY and cleaned up in accordance with all State and Federal Regulations. The cost of cleanup of any
spillage of hazardous chemicals and/or wastes caused by the CONTRACTOR shall be the sole
responsibility of the CONTRACTOR and the COUNTY shall share no responsibility of these costs. A
copy of the complete report showing compliance with local, state, and federal agencies shall be given to
the COUNTY. If any hazardous chemicals or conditions are discovered during the normal operation,it is
the responsibility of the CONTRACTOR to immediately contact the COUNTY with a description and
location of the condition. The MSDS shall include the following information:
1. The chemical name and the common name of the toxic substance
2. The hazards or other risks in the use of the toxic substance,including the potential for fire,
explosion,corrosiveness,and reactivity.
3. The known acute and chronic health effects of risks from exposure,including the medical
conditions which are generally recognized as being aggravated by the exposure to the toxic
substances.
4. The primary route of entry and symptoms of exposure.
5. The proper precautions, handling practices,necessary personal protective equipment, and
other safety precautions in the use of or exposure to the toxic substances, including
appropriate emergency treatment in case of overexposure;
6. The emergency procedure for spills,fire,disposal and first aid.
7. A description in lay terms of the known specified potential health risks posed by the toxic
substance intended to alert any person reading this information.
8. The year and month,if available,that the information was compiled,and the name,address
and emergency telephone number of the manufacturer responsible for preparing the
information.
J. The CONTRACTOR shall designate a competent person of its organization whose duty
shall be the prevention of accidents. This person shall be literate and able to communicate fully in the
English language because of the necessity to read job instructions and signs, as well as the need for
conversing with management personnel. This person shall be the CONTRACTOR'S Superintendent unless
otherwise designated in writing to the COUNTY'S Project Manager. All communications to the
Superintendent shall be as binding as if given to the CONTRACTOR.
6.8 Underground Utilities. Any required ground digging or subsurface work shall be done in
accordance with Chapter 556,Florida Statutes. It shall be the responsibility of the CONTRACTOR to have
all underground utilities located before any work shall begin. This can be done by contacting Sunshine
State One Call. They may be reached by calling 1-800-432-4770. The repairs of any damaged underground
utilities as a result of the work being performed by the CONTRACTOR shall be the responsibility of the
CONTRACTOR. The proper utility company shall be contacted immediately to expedite the repairs, if
damage has occurred. The COUNTY shall also be notified by telephone at the earliest opportunity and
shall be followed up with a written explanation of the incident within two(2)days.
6.9 General Inspection Requirements.
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A. Due to the nature of this Agreement, the COUNTY shall at the time of establishment of
need,require the CONTRACTOR to become fully informed as to the nature and extent of the work required
and its relation to any other work in the area, including possible interference from other site activities.
Arrangement for CONTRACTOR'S inspection of facilities or sites and/or activity schedules may be
secured from the user department. Failure to visually inspect the facilities or sites may be cause for
disqualification of CONTRACTOR on that individual Project/Service.
B. The CONTRACTOR shall famish the COUNTY with every reasonable accommodation
for ascertaining whether the work performed and materials used are in accordance with the requirements
and intent of the contract documents. If the COUNTY so requests,the CONTRACTOR shall,at any time
before final acceptance of the work, remove or uncover such portions of the finished work as may be
directed. After examination, the CONTRACTOR shall restore the uncovered portions of the work to the
standard required by the specifications. Should the work so exposed or examined prove unacceptable in the
opinion of the COUNTY,the uncovering or removal, and the replacing of the covering or making good of
the parts removed, shall be at the CONTRACTOR's expense. However,should the work thus exposed or
examined prove acceptable in the opinion of the COUNTY,the uncovering or removing and the replacing
or the covering or making good of the parts removed,shall be paid for as unforeseen work.
C. If, during or prior to construction operations,the COUNTY should fail to reject defective
work or materials,whether from lack of discovery of such defect or for any other reason,such initial failure
to reject shall in no way prevent the COUNTY's later rejection when such defect is discovered,nor obligate
the COUNTY to final acceptance or payment, and the CONTRACTOR shall make no claim for losses
suffered due to any necessary removals or repairs of such defects.
D. If,during or prior to construction operations,the COUNTY rejects any portion of the work
on the grounds that the work or materials are defective,the COUNTY shall give the CONTRACTOR notice
of the defect, which notice may be confirmed in writing. The CONTRACTOR shall then have seven (7)
calendar days from the date the notice is given to correct the defective condition. If the CONTRACTOR
fails to correct the deficiency within the seven(7)calendar days after receipt of the notice, the COUNTY
may take any action necessary, including correcting the deficient work utilizing another contractor,
returning any non-compliant goods to the CONTRACTOR at the CONTRACTOR's expense or terminating
the contract. The CONTRACTOR shall not assess any additional charge(s)for any conforming action taken
by the COUNTY. The COUNTY will not be responsible to pay for any product or service that does not
conform to the contract specifications.
E. Should the CONTRACTOR fail to remove and renew any defective materials used or work
performed, or to make any necessary corrections in an acceptable manner and in accordance with the
contract requirements,within the time indicated in writing,the COUNTY shall have the authority to cause
the unacceptable or defective materials or work to be corrected as necessary at the CONTRACTOR's
expense. Any expense incurred by the COUNTY,whether direct,indirect or consequential,in making said
repairs, removals, or renewals shall be paid for out of any monies due or which may become due to the
CONTRACTOR. A change order shall be issued, incorporating the necessary revisions to the contract
documents,including an appropriate decrease to the contract amount. Such costs shall include,but not be
limited to, costs of repair and replacement of work destroyed or damaged by correction, removal or
replacement of the CONTRACTOR's defective work and additional compensation due the COUNTY. The
CONTRACTOR shall not be allowed an extension of the contract time because of any delay in performance
of the Project/Service attributable to the exercise by the COUNTY of the COUNTY's rights and remedies
hereunder. If the CONTRACTOR fails to honor the change order,the COUNTY may terminate the contract
for default.
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F. All work performed and all materials furnished shall be in reasonably close conformity
with the tolerances indicated in the specifications. In the event the COUNTY'S Project Manager finds the
materials or the finished product in which the materials are used and not within reasonably close conformity
to the specifications,the COUNTY'S Project Manager will then make a determination if the work shall be
accepted and remain in place. In this event, the COUNTY'S Project Manager will document the basis of
acceptance by a Change Order that will provide for an appropriate deduction as needed in the contract price
for such work or materials as the COUNTY'S Project Manager deems necessary to conform to the
determination based on the COUNTY'S Project Manager's professional judgment.
G. When the United States Government or the State of Florida is to pay a portion of the cost
of construction,the work will be subject to such inspection by federal or state representatives as deemed
necessary,but such inspections will in no case make the United States Government or the State of Florida
a party to this contract.
6.10 Project/Service Materials and Storage.
A. Unless otherwise specified within the contract documents, all materials to he used to
complete the Project/Service,except where recycled content is specifically requested,shall be new,unused,
of recent manufacture, and suitable for its intended purpose. All goods shall be assembled,fully serviced
and ready for operation when delivered. In the event any of the materials supplied by the CONTRACTOR
are found to be defective or do not conform to specifications: (1) the materials may be returned to the
CONTRACTOR at the CONTRACTOR's expense and the contract cancelled or (2) the COUNTY may
require the CONTRACTOR to replace the materials at the CONTRACTOR's expense.
B. Materials shall be placed to permit easy access for proper inspection and identification of
each shipment. Any material which has deteriorated, become damaged, or is otherwise unfit for use, as
determined by the COUNTY, shall not be used in the work, and shall be removed from the site by the
CONTRACTOR at the CONTRACTOR's expense. Until incorporated into the work, materials shall be
the sole responsibility of the CONTRACTOR and the CONTRACTOR shall not be paid for such materials
until incorporated into the work. If any chemicals,materials or products containing toxic substances are to
be used at any time,the CONTRACTOR shall furnish a Material Safety Data Sheet to the COUNTY prior
to commencing such use.
C. All unusable materials and debris shall be removed from the premises at the end of each
workday and disposed of in an appropriate manner.
6.11 Time for Completion and Extensions.
A. Purchase orders shall be issued for Project/Services to the Contractor. Issuance of a
purchase order is not a directive to begin work unless otherwise specified. A written notice to proceed is
required for the Contractor to schedule or begin work. Email notice is acceptable.
B. The CONTRACTOR shall diligently pursue the completion of the work and coordinate the
work being done on the Project/Service by its subcontractors and material suppliers, as well as coordinate
the CONTRACTOR's work with the work of other contractors so that the CONTRACTOR's work or the
work of others shall not be delayed or impaired. The CONTRACTOR shall be solely responsible for all
construction means,methods,techniques,sequences and procedures, as well as coordination of all portions
of the work under the contract documents. The time for completion requirements are contained in Article
3,2 above.
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C. Should the CONTRACTOR be obstructed or delayed in the completion of the work as a
result of unforeseeable causes beyond the control of the CONTRACTOR, and not due to the
CONTRACTOR's fault or neglect, the CONTRACTOR shall notify the COUNTY in writing within
twenty-four (24) hours after the commencement of such delay, stating the cause or causes thereof, or be
deemed to have waived any right which the CONTRACTOR may have had to request a time extension.
D. If the CONTRACTOR complies with the twenty-four (24) hour notice requirement, the
COUNTY shall ascertain the facts and the extent of the delay being claimed and recommend an extension
to the contract time when,in the COUNTY's sole judgment,the findings of fact justify such an extension.
The CONTRACTOR shall cooperate with the COUNTY's investigation of the delays by providing any
schedules, correspondence or other data that may be required to complete the findings of fact. Extensions
to the contract time may be granted only for those delays which impact the CONTRACTOR's construction
schedule. Extensions of contract time,if approved by the COUNTY,must be authorized by written change
order.
6.12 Changes in the Scope of Services.
A. The COUNTY may at any time, by written change order, in accordance with the
COUNTY's Purchasing Policy and Procedures,increase or decrease the scope of the work. For changes in
work requested by CONTRACTOR, the CONTRACTOR shall prepare and submit change order requests
for COUNTY approval. Each change order shall include time and monetary impacts of the change,whether
the change order is considered alone or with all other changes during the course of the Project/Service. Both
the COUNTY and the CONTRACTOR shall execute the change order.
B. The value of such extra work or change shall be determined by the contract unit values,if
applicable unit values are set forth in this Agreement. The amount of the change shall be computed from
such values and added to or deducted from the contract price.
C. If the COUNTY and the CONTRACTOR are unable to agree on the change order for
requested change, the CONTRACTOR shall, nevertheless, promptly perform the change as directed in
writing by the COUNTY. If the CONTRACTOR disagrees with the COUNTY's adjustment determination,
the CONTRACTOR must make a claim pursuant to the Claims and Disputes section herein, or else be
deemed to have waived any claim on this matter the CONTRACTOR might have otherwise had.
D. For work not contemplated by the original Agreement,the amount of an increase shall be
limited to the CONTRACTOR's reasonable direct labor and material costs and reasonable actual equipment
costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent
(10%)markup for all overhead and profit,unless otherwise agreed to in writing by the COUNTY. In such
case, the CONTRACTOR shall keep and present to the COUNTY an itemized accounting together with
appropriate supporting data. In the event such changed work is performed by a subcontractor, a maximum
ten percent(10%)markup for all overhead and profit for all subcontractors' direct labor and material costs
and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the
CONTRACTOR for all of its overhead and profit,for a total overall maximum markup of fifteen percent
(15%)of the amount of changed work. All compensation due the CONTRACTOR and any subcontractor
or sub-subcontractor for field and home office overhead is included in the markups listed above.
E. The COUNTY shall not be liable to the CONTRACTOR for any increased compensation
in the absence of a written change order executed in accordance with COUNTY policy. The payment
authorized by such a change order shall represent full and complete compensation to the CONTRACTOR
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for labor,materials,incidental expenses, overhead,profit, impact costs and time associated with the work
authorized by such change order.
F. Execution by the CONTRACTOR of a properly authorized change order shall be
considered a waiver of all claims or requests for additional time or compensation for any activities prior to
the tune of execution related to items included in the change order.
G. Upon receipt of an approved change order, changes in the Scope of Services shall be
promptly performed. All changes in work shall be performed under the terms and conditions of this
Agreement.
6.13 Claims and Disputes.
A. Claims by the CONTRACTOR shall be made in writing to the COUNTY within two (2)
business days, unless another provision of this Agreement sets forth a different time frame, after the
commencement of the event giving rise to such claim or the CONTRACTOR shall be deemed to have
waived the claim. All claims shall be priced in accordance with the section in this document entitled
"Changes in Work".
B. The CONTRACTOR shall proceed diligently with its performance as directed by the
COUNTY, regardless of any pending claim, action, suit, or administrative proceeding, unless otherwise
agreed to by the COUNTY in writing. The COUNTY shall continue to make payments on the undisputed
portion of the contract in accordance with the contract documents during the pendency of any claim.
C. Claims by the CONTRACTOR shall be resolved in the following manner: (1) Upon
receiving the claim and supporting data, the COUNTY shall within fifteen (15) calendar days respond to
the claim in writing stating that the claim is either approved or denied. If denied,the COUNTY shall specify
the grounds for denial. The CONTRACTOR shall then have fifteen(15)calendar days in which to provide
additional supporting documentation, or to notify the COUNTY that the original claim stands as is. (2) If
the claim is not resolved, the COUNTY may, at its option, choose to submit the matter to mediation. A
mediator shall be mutually selected by the parties and each party shall pay one-half(1/2) the expense of
mediation. If the COUNTY declines to mediate the dispute,the CONTRACTOR may bring an action in a
court of competent jurisdiction in and for Lake County,Florida.
D. Claims by the COUNTY against the CONTRACTOR shall be made in writing to the
CONTRACTOR as soon as the event leading to the claim is discovered by the COUNTY. Written
supporting data shall be submitted to the CONTRACTOR. All claims shall be priced in accordance with
the provisions of the section in this document entitled "Changes in Work". The CONTRACTOR shall
respond in writing within fifteen(15)calendar days of receipt of the claim.If the claim cannot be resolved,
the COUNTY shall have the option to submit the matter to mediation as set forth in(C)above.
E. Arbitration shall not be considered as a means of dispute resolution.
F. NO CLAIM FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN
EXTENSION OF TIME SHALL BE MADE OR ASSERTED AGAINST THE COUNTY BY
REASON OF ANY DELAYS. No interruption, interference, inefficiency, suspension or delay in the
commencement or progress of the work shall relieve the CONTRACTOR of its duty to perform or give rise
to any right to damages or additional compensation from the COUNTY. The CONTRACTOR expressly
acknowledges and agrees that the CONTRACTOR shall receive no damages for delay. However, this
provision shall not preclude recovery or damages by the CONTRACTOR for hindrances or delays due
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solely to fraud,bad faith or active interference on the part of the COUNTY. Otherwise, CONTRACTOR
shall be entitled to extensions of the contract time as the sole and exclusive remedy for such resulting delay,
in accordance with and to the extent specifically provided above.
6.14 Acceptance of the Work and Final Payment. The work delivered and services rendered under this
Agreement shall remain the property of the CONTRACTOR and shall not be deemed complete until a
physical inspection and actual usage of the product(s) and/or service(s)is(are)accepted by the COUNTY
and shall be in compliance with the terms herein,fully in accord with the specifications and of the highest
quality. Any goods and/or services purchased under this Agreement may be tested/inspected for
compliance with the specifications listed.
A. Final Inspection. When all materials have been furnished, all work has been performed,
and the construction contemplated by the contract has been satisfactorily completed,the COUNTY shall
make the final inspection. The final inspection shall be completed within five(5)business days of receipt
of notification from the CONTRACTOR that the Project/Service is ready. The COUNTY shall notify the
CONTRACTOR if necessary of any deficiencies with the Project/Service, and the CONTRACTOR shall
correct all deficiencies before final acceptance and payment is made.
B. Maintenance of Work. The CONTRACTOR shall maintain all work in as-new condition
until the final inspection is completed and the work is accepted by the COUNTY. All insurance shall be
maintained until final acceptance by the COUNTY.
C. Final Acceptance. When the Project/Service or any portion thereof, as designated by the
COUNTY,is ready for its intended use,the COUNTY and any other invited parties shall make an inspection
of the Project/Service,to verify its completeness and develop a punch list of items needing completion or
correction before final payment will be made. The CONTRACTOR shall have ten(10) calendar days to
correct all deficiencies.An eighty dollar(580.00)re-inspection fee shall be applied for the third inspection
and any required re-inspection thereafter. The COUNTY shall have the right to exclude the
CONTRACTOR from those portions of the work designated as complete after the inspection; provided,
however,that the CONTRACTOR will have reasonable access for the time allotted by the COUNTY to
complete or correct items on the punch list.
When the work provided for under this Agreement has been completely performed by the CONTRACTOR,
and the final inspection has been made by the COUNTY, a final invoice will be prepared by the
CONTRACTOR. The amount of this invoice,less any sums that may have been deducted or retained under
the provisions of this Agreement,will be paid to the CONTRACTOR in accordance with Article 4 of this
Agreement, and after the CONTRACTOR has agreed in writing to accept the balance due, as determined
by the COUNTY, as full settlement of the account under the contract and of all claims in connection
therewith. Occupancy by the COUNTY alone does not constitute final acceptance.
D. Waiver of Claims. The CONTRACTOR's acceptance of final payment shall constitute a
full waiver of any and all claims by the CONTRACTOR against the COUNTY arising out of the contract
or otherwise related to the Project/Service, except those previously made in writing and identified by the
CONTRACTOR as unsettled at the time the final estimate is prepared. Neither the acceptance of the work
nor payment by the COUNTY shall be deemed a waiver of the COUNTY's rights to enforce any continuing
obligations of the CONTRACTOR or to the recovery of damages for defective work not discovered by the
• COUNTY at the time of final inspection.
E. Termination of Contractor's Responsibilities. This Agreement will be considered
complete when all work has been completed and accepted by the COUNTY and all warranty periods have
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expired. The CONTRACTOR will then be released from further obligation except as set forth in this
Agreement.
F. Recovery Rights Subsequent to Final Payment. The COUNTY reserves the right, should
an error be discovered in the invoice,or should proof of defective work or materials used by or on the part
of the CONTRACTOR be discovered after the final payment has been made,to claim and recover from the
CONTRACTOR by process of law, such sums as may be sufficient to correct the en-or or make good the
defects in the work and materials,including any fees or costs associated with the additional services of the
COUNTY.
6.15 Warranties. All warranties shall begin on the date of the COUNTY'S acceptance and shall last for
a period of twelve(12)months unless otherwise specified in the scope of services,plans or specifications.
The CONTRACTOR shall obtain and assign to the COUNTY all express warranties given to the
CONTRACTOR or any subcontractors by any material suppliers,equipment or fixtures to be incorporated
into the Project/Service. The CONTRACTOR warrants to the COUNTY that any materials and equipment
furnished under the contract documents shall be new unless otherwise specified,and that all work shall be
of good quality,free fromdefects and in conformance with the contract documents. The CONTRACTOR
further warrants to the COUNTY that all materials and equipment furnished under the contract documents
shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the
instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise
provided for the contract documents. This warranty requirement shall remain in force for the full period
identified above, regardless of whether CONTRACTOR is still under contract at the time of the defect.
These warranties are in addition to those implied warranties to which the COUNTY is entitled as a matter
of law. Further,a specific warranty period is included as a requirement as follows:
A. If sod is used as part of an individual Project/Service,it shall be warranted to be free of
noxious and invasive weeds, disease, and insects. If pests and/or noxious weeds manifest themselves
within sixty (60) days of placement of the sod,the CONTRACTOR shall treat the affected areas. The
process for treating these areas shall be approved by the COUNTY. If the sod does not meet any of the
required specifications, the CONTRACTOR shall be responsible to replace it at no expense to the
COUNTY. It shall be the responsibility of the CONTRACTOR to insure that the sod is sufficiently
established as described as specified in the scope of services,plans,or specifications. If the sod dies or
does not become established the CONTRACTOR shall be responsible for the replacement at no cost to
the COUNTY.
B. Correcting Defects Covered Under Warranty. The CONTRACTOR shall be responsible
for promptly correcting any deficiency,at no cost to the COUNTY,within five(5)calendar days after the
COUNTY notifies the CONTRACTOR of such deficiency in writing. If the CONTRACTOR fails to honor
the warranty and/or fails to correct or replace the defective work or items within the period specified,the
COUNTY may, at its discretion, notify the CONTRACTOR in writing that the CONTRACTOR may be
debarred as a COUNTY vendor, and/or become subject to contractual default if the corrections or
replacements are not completed to the satisfaction of the COUNTY within five(5)calendar days of receipt
of the notice. If the CONTRACTOR fails to satisfy the warranty within the period specified in the notice,
the COUNTY may(a)place the CONTRACTOR in default of its contract and/or(b)procure the products
or services from another source and charge the CONTRACTOR for any additional costs that are incurred
by the COUNTY for this work or items,either through a credit memorandum or through invoicing.
6.16 Liquidated Damages. Unless otherwise agreed to, weather events are specifically excluded as
excused cause for delay under this agreement and no additional days shall be given for rain days. If the
deficiencies have been noted and the remedies have not been completed within the contracted time, the
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COUNTY may send out a notification notifying CONTRACTOR of assessment of Liquidated Damages
that can be applied for any day over the time allowed under this Agreement.
The COUNTY and the CONTRACTOR recognize that,since time is of the essence for this agreement,the
COUNTY will suffer financial loss if the work is not completed within the time specified. The COUNTY
will be entitled to assess, as Liquidated Damages, but not as a penalty, for each calendar day after the
scheduled completion date the Project/Service continues. The Project/Service shall be deemed to be
completed on the date the work is considered complete to the satisfaction of the COUNTY. The
CONTRACTOR hereby expressly waives and relinquishes any right which it may have to seek to
characterize the Liquidated Damages as a penalty. The parties agree that the Liquidated Damages sum
represents a fair and reasonable estimate of the COUNTY'S actual damages at the time of contracting if the
CONTRACTOR fails to complete the work in a timely manner. The Liquidated Damages shall be as
follows:
Specific Project/Service Amount Daily Charge Per Calendar Day
$5,000 and under $25
Over$5,000 but less than$10,000 $65
$10,000 or more but less than$20,000 $91
$20,000 or more but less than$30,000 $121.
$30,000 or more but less than $40,000 $166
$40,000 or more but less than $50,000 $228
$50,001 or more $250
COUNTY shall retain from the compensation to be paid to CONTRACTOR the above described sum. Any
CONTRACTOR that is in default for not completing the work within the time specified, at the option of
the COUNTY,may not permitted to perform work for the COUNTY until the Project/Service is complete
and the liquidated damages sum is satisfied.
6.17 Sanitation. If the Project/Service does not involve interior work, the CONTRACTOR shall be
required to provide and maintain adequate sanitary conveniences for the use of persons employed for the
Project/Service. These conveniences shall be maintained at all times without nuisance,and their use shall
be strictly enforced. The location of these conveniences shall be subject to the COUNTY'S Project
Manager's approval. All such facilities shall be installed and maintained in accordance with applicable
federal,state, and local laws.
6.18 Submittals and Equal Products.
A. $ubrnittals of products required for the Project/Service assigned to the CONTRACTOR
hereunder, shall be supplied to the COUNTY for pre-approval prior to the start of the work. These
documents shall be providedto the COUNTY at least one(1)week before the installation.
B. If a product or service requested by the COUNTY for the Project/Service has been
identified in the specifications by a brand name, and has not been notated as a"No Substitute,"item, such
identification is intended to be descriptive and not restrictive, and is to indicate the quality and
characteristics of product or service that will be acceptable. If the CONTRACTOR offers an alternate
product or service for consideration,such product must be clearly identified by the CONTRACTOR to the
COUNTY. The COUNTY shall make a determination whether the alternate meets the salient
characteristics of the specifications, An alternate product will not be considered for any item notated"No
Substitute."
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C. Unless the CONTRACTOR clearly indicates in its response that it is proposing an alternate
product,the response shall be considered as offering the same brand name referenced in the specifications.
If the CONTRACTOR proposes to furnish an alternate product or service,the brand name of the product
or service to be furnished shall be clearly identified. A formal submittal for the alternate/shop drawings
shall be submitted. The evaluation of the alternate and the determination as to acceptability of the alternate
product or service shall be the responsibility of the COUNTY and will be based upon information furnished
by the CONTRACTOR. The COUNTY will not be responsible for locating or securing any information
which is not included in the CONTRACTOR'S response. To ensure that sufficient information is available,
the CONTRACTOR shall furnish as part of the bid or proposal all descriptive material by providing the
manufacturer specification sheets so the COUNTY can make an informed determination whether the
product offered meets the salient characteristics required by the specifications. Failure to do so will require
the use of the specified products.
6.19 Fees. The following is a list of fees that may be assessed to the CONTRACTOR during the team
of this Agreement. These fees are assessed to help offset the additional costs associated with COUNTY
labor and vehicle usage required for unnecessary inspections or missed appointments. The fees, if any,
shall be deducted from the final invoices.
A. Failure to respond to emergency calls $250.00/day
B. Late to emergency calls $36.00/hour
C. Failure to provide documents or reports $75.00/day
Any re-inspection fee charged to the COUNTY by other agencies having jurisdiction over the
Project/Service, shall additionally be charged back to the CONTRACTOR.
Article 7. Special Terms and Conditions
7.1 Termination. This Agreement may be terminated by the COUNTY upon ten (10) calendar days
advance written notice to the other party;but if any work, service or task hereunder is in progress but not
completed on the date of termination,then this Agreement may be extended upon written approval of the
COUNTY until said work,service or task is completed and accepted.
A. Termination for Convenience. In the event this Agreement is terminated or cancelled upon
the request and for the convenience of COUNTY with the required ten(10)calendar day advance written
notice,COUNTY shall reimburse CONTRACTOR for actual work satisfactorily completed.
B. Termination for Cause. Termination by COUNTY for cause,default,or negligence on the
part of CONTRACTOR shall be excluded from the foregoing provision. Termination costs, if any, shall
not apply. The ten (10)calendar day advance notice requirement is waived in the event of termination for
cause.
C. Termination Due to Unavailability of Funds in Succeeding Fiscal Years. When funds are
not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal
year, this Agreement shall be canceled and the CONTRACTOR shall be reimbursed for the reasonable
value of any non-recurring costs incurred but not amortized in the price of the supplies or services/Tasks
delivered under this Agreement.
7.2 Assignment of Agreement. This Agreement shall not be assigned except with the written consent
of the COUNTY'S Procurement Services Director. No such consent shall be construed as making the
COUNTY a party to the assignment or subjecting the COUNTY to liability of any kind to any assignee.
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No assignment shall under any circumstances relieve the CONTRACTOR of liability and obligations under
this Agreement and all transactions with the COUNTY must be through the CONTRACTOR.Additionally,
unless otherwise stipulated herein,the CONTRACTOR shall notify and obtain prior written consent from
the COUNTY prior to being acquired or subject to a hostile takeover. Any acquisition or hostile takeover
without the prior consent of the COUNTY may result in termination of this Agreement for default.
7.3 Insurance.
A. The CONTRACTOR shall purchase and maintain at all times during the term of this
Agreement, without cost or expense to the COUNTY, policies of insurance as indicated below, with a
company or companies authorized to do business in the State of Florida, and which are acceptable to the
COUNTY, insuring the CONTRACTOR against any and all claims, demands, or causes of action
whatsoever, for injuries received or damage to property relating to the performance of duties, services
and/or obligations of the CONTRACTOR under the terms and provisions of the Agreement. An original
certificate of insurance, indicating that the awarded vendor has coverage in accordance with the
requirements of this section, shall be furnished by the vendor to the Contracting Officer within five (5)
working days of such request and must be received and accepted by the County prior to contract execution
and/or before any work begins.
The parties agree that the policies of insurance and confirming certificates of insurance shall insure the
CONTRACTOR is in accordance with the following minimum limits:
(i) General Liability insurance on forms no more restrictive than the latest edition
of the Occurrence Form Commercial General Liability policy(CG 00 01) of
the Insurance Services Office or equivalent without restrictive endorsements,
with the following minimum limits and coverage:
Each Occurrence/General Aggregate $1,000,000/2,000,000
Products-Completed Operations $2,000,000
Personal&Adv.Injury $1,000,000
Fire Damage $50,000
Medical Expense $5,000
Contractual Liability Included
(ii) Automobile liability insurance,including owned,non-owned,and hired autos
with the following minimum limits and coverage:
Combined Single Limit $1,000,000
(iii)Workers'compensation insurance based on proper reporting of classification
codes and payroll amounts in accordance with Chapter 440,Florida Statutes,
and/or any other applicable law requiring workers' compensation (Federal,
maritime, etc). If not required by law to maintain workers compensation
insurance, the vendor must provide a notarized statement that if he or she is
injured, he or she will not hold the County responsible for any payment or
compensation.
(iv)Employers Liability with the following minimum limits and coverage:
Each Accident $1,000,000
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Disease-Each Employer $1,000,000
Disease-Policy Limit $1,000,000
(v) Professional liability and/or specialty insurance (medical malpractice,
engineers, architect, consultant, environmental, pollution, errors and
omissions, etc.) insurance as applicable,with minimum limits of$1,000,000
and annual aggregate of$2,000,000.
B. Lake County, a Political Subdivision of the State of Florida, and the Board of County
Commissioners, shall be named as additional insured as their interest may appear all applicable policies.
C. Certificate(s) of insurance shall provide for a minimum of thirty (30) days prior written
notice to the County of any change,cancellation, or nonrenewal of the required insurance.
D. Certificate(s)of insurance shall identify the RFP number in the Description of Operations
section of the Certificate.
E. Certificate of insurance shall evidence a waiver of subrogation in favor of the COUNTY,
that coverage shall be primary and noncontributory, and that each evidenced policy includes a Cross
Liability or Severability of Interests provision,with no requirement of premium by the COUNTY.
F. Certificate holder shall be:
LAKE COUNTY,A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA,
AND THE BOARD OF COUNTY COMMISSIONERS.
P.O.BOX 7800
TAVARES,FL 32778-7800
G. All self-insured retentions shall appear on the certificate(s)and shall be subject to approval
by the COUNTY. At the option of the COUNTY, the insurer shall reduce or eliminate such self-insured
retentions; or the CONTRACTOR shall be required to procure a bond guaranteeing payment of losses and
related claims expenses.
H. The COUNTY shall be exempt from,and in no way liable for, any sums of money,which
may represent a deductible or self-insured retention in any insurance policy. The payment of such
deductible or self-insured retention shall be the sole responsibility of the CONTRACTOR and/or
subcontractor providing such insurance.
I. The CONTRACTOR shall be responsible for subcontractors and their
insurance. Subcontractors are to provide Certificates of Insurance to the COUNTY evidencing coverage
and terms in accordance with the Contractor's requirements.
J. Failure to obtain and maintain such insurance as set out above will be considered a breach
of contract and may result in termination of the contract for default.
K. Neither approval by the COUNTY of any insurance supplied by the CONTRACTOR,nor
a failure to disapprove that insurance, shall relieve the CONTRACTOR of full responsibility of liability,
damages, and accidents as set forth herein.
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7.4 Indemnity. CONTRACTOR shall indemnify and hold COUNTY and its agents, officers,
commissioners or employees harmless for any damages resulting from failure of CONTRACTOR to take
out and maintain the above insurance. Additionally, CONTRACTOR agrees for good and valuable
consideration in the amount of ten dollars ($10.00) to indemnify, and hold the Board of County
Commissioners, Lake County, Florida, and its officers, commissioners, employees and agents free and
harmless from and against any and all losses,penalties,damages,settlements,costs,charges,professional
fees or other expenses or liabilities resulting from the negligent act,error or omission of CONTRACTOR,
its agents, employees or representative, in the performance of CONTRACTOR's duties set forth in this
Agreement.
7.5 Independent Contractor. CONTRACTOR, and all its employees, agree that they shall be acting
as an independent contractor and shall not be considered or deemed to be an agent,employee,joint venturer,
or partner of COUNTY. CONTRACTOR shall have no authority to contract for or bind COUNTY in any
manner and shall not represent itself as an agent of COUNTY or as otherwise authorized to act for or on
behalf of COUNTY. Additionally, CONTRACTOR warrants that it has not employed or retained any
company or person,other than a bona fide employee working solely for CONTRACTOR to solicit or secure
this Agreement and that it has not paid or agreed to pay any person, company, corporation,individual, or
firm other than a bona fide employee working solely for CONTRACTOR any fee,commission,percentage,
gift,or other consideration contingent upon on resulting from the award or making of this Agreement.
7.6 Return of Materials. Upon the request of the COUNTY, but in any event upon termination of
this Agreement,CONTRACTOR shall surrender to the COUNTY all memoranda,notes,records,drawings,
manuals, computer software, and other documents or materials pertaining to the services hereunder, that
were furnished to the CONTRACTOR by the COUNTY pursuant to this Agreement.
7.7 Public Entity Crimes. A person or affiliate who has been placed on the convicted vendor list
following a conviction of a public entity crime may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold
amount provided in Florida Statutes, section 287.017 for Category Two for a period of thirty-six (36)
months from the date of being placed on the convicted vendor list.
7.8 Conflict of Interest. CONTRACTOR agrees that it will not engage in any action that would create
a conflict of interest in the performance of its obligations pursuant to this Agreement, or which would
violate or cause others to violate the provisions of Part III, Chapter 112,Florida Statutes,relating to ethics
in government. Further,CONTRACTOR hereby certifies that no officer,agent,or employee of COUNTY
has any material interest either directly or indirectly in the business of CONTRACTOR conducted here and
that no such person shall have any such interest at any time during the term of this Agreement unless
approved by the COUNTY.
7.9 Retaining Other Contractors. Nothing herein shall be deemed to preclude the COUNTY from
retaining the services of other persons or entities undertaking the same or similar services as those
undertaken by the CONTRACTOR or from independently developing or acquiring materials or programs
that are similar to,or competitive with,the services provided under this Agreement.
While the COUNTY has listed all major items which are utilized by County departments in conjunction
with their operations, there may be similar or ancillary items that must be purchased by the COUNTY
during the term of this Agreement. Under these circumstances, a County representative will contact the
CONTRACTOR to obtain a price quote for the similar or ancillary items. The COUNTY reserves the right
to award these ancillary items to the CONTRACTOR,another vendor based on the lowest price quoted,or
to acquire the items through a separate solicitation.
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7.10 Accuracy. The CONTRACTOR is responsible for the professional quality, technical accuracy,
timely completion and coordination of all the services furnished hereunder. The CONTRACTOR shall,
without additional compensation,correct or revise any errors, omissions or other deficiencies in resulting
from the services provided herein.
7.11 Additional Services. Services not specifically identified in this Agreement may be added to the
Agreement upon execution of a written amendment. The COUNTY reserves the right to award any
additional services to the CONTRACTOR or to acquire the items from another vendor through a separate
solicitation.
7.12 Right to Audit. The County reserves the right to require CONTRACTOR to submit to an audit by
any auditor of the COUNTY's choosing. CONTRACTOR shall provide access to all of its records,which
relate directly or indirectly to this Agreement at its place of business during regular business hours.
CONTRACTOR shall retain all records pertaining to this Agreement and upon request make them available
to the COUNTY for three (3) complete calendar years following expiration of the Agreement.
CONTRACTOR agrees to provide such assistance as may be necessary to facilitate the review or audit by
the COUNTY to ensure compliance with applicable accounting and financial standards. This provision is
hereby considered to be included within, and applicable to, any subcontractor agreement entered into by
the CONTRACTOR in performance of any work hereunder.
if an audit inspection or examination pursuant to this section discloses overpricing or overcharges of any
nature by the CONTRACTOR to the COUNTY in excess of one percent(1%)of the total contract billings,
in addition to making adjustments for the overcharges,the reasonable actual cost of the COUNTY's audit
shall be reimbursed to the COUNTY by the CONTRACTOR. Any adjustments and/or payments which
must be made as a result of any such audit or inspection of the CONTRACTOR's invoices and/or records
shall be made within a reasonable amount of time,but in no event shall the time exceed ninety(90)calendar
days,from presentation of the COUNTY's audit findings to the CONTRACTOR.
7.13 Public Records.
A. All electronic files,audio and/or video recordings,and all papers pertaining to any activity
performed by the contractor for or on behalf of the COUNTY shall be the property of the COUNTY and
will be turned over to the COUNTY upon request. In accordance with Chapter 119,Florida Statutes,each
file and all papers pertaining to any activities performed for or on behalf of the COUNTY are public records
available for inspection by any person even if the file or paper resides in the CONTRACTOR's office or
facility. The CONTRACTOR shall maintain the files and papers for not less than three (3) complete
calendar years after the Project/Service has been completed or terminated, or in accordance with any grant
requirements,whichever is longer.Prior to the close out of the contract,the CONTRACTOR shall appoint
a records custodian to handle any records request and provide the custodian's name and telephone
number(s)to the Contracting Officer.
B. Any copyright derived from this Agreement shall belong to the author.The author and the
CONTRACTOR shall expressly assign to the COUNTY nonexclusive, royalty free rights to use any and
all information provided by the CONTRACTOR in any deliverable and/or report for the COUNTY's use
which may include publishing in COUNTY documents and distribution as the COUNTY deems to be in
the COUNTY's best interests.If anything included in any deliverable limits the rights of the COUNTY to
use the information, the deliverable shall be considered defective and not acceptable and the
CONTRACTOR will not be eligible for any compensation.
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C. Pursuant to Section 119.0701,Florida Statutes,the CONTRACTOR shall comply with the
Florida Public Records'laws,and shall:
1. Keep and maintain public records that ordinarily and necessarily would be
required by the COUNTY in order to perform the services identified herein.
2. Provide the public with access to public records on the same terms and conditions that the
COUNTY would provide the records and at a cost that does not exceed the cost provided
for by law.
3. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law.
4. Meet all requirements for retaining public records and transfer,at no cost,to the COUNTY
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 COUNTY in a format that is compatible with the information technology systems of
the COUNTY.
Failure to comply with this subsection shall be deemed a breach of the contract and enforceable as set forth
in Section 119.0701,Florida Statutes.
7.14 Force Majeure. The parties will exercise every reasonable effort to meet their respective
obligations hereunder,but shall not be liable for delays resulting from force majeure or other causes beyond
their reasonable control, including,but not limited to, compliance with any Government law or regulation,
acts of nature, acts or omissions of the other party, Government acts or omissions, fires, strikes, national
disasters, wars, riots, transportation problems and/or any other cause whatsoever beyond the reasonable
control of the parties. Any such cause will extend the performance of the delayed obligation to the extent
of the delay so incurred.
7.15 Business Hours of Operation. Unless otherwise specified in the technical specifications,all work
performed shall be accomplished between the hours of 8:00 A.M.and 5:00 P.M.,Monday through Friday,
and no work shall be performed on Saturdays,Sundays,or County Holidays,unless permission to work has
been requested in writing by the CONTRACTOR and approval, in writing, has been granted by the
COUNTY. Request for permission to work must be received by the COUNTY no less than two(2)days
prior to the requested workday. The exception to this pre-approval requirement would be in the case of an
emergency in which the emergency specification as outlined in General Terms and Conditions, Section 3,
Emergencies, would apply. County Holidays are as follows: New Year's Day;Martin Luther King, Jr.
Day;Presidents' Day;Memorial Day;Independence Day; Labor Day;Veteran's Day; Thanksgiving Day;
Day after Thanksgiving; and Christmas Day.
Special schedules may be established if necessary because of problems with noise or similar difficulties
affecting other County facilities,County operations,or citizens in homes or buildings/rooms adjacent to the
work being completed. When the CONTRACTOR requests and is approved for Saturday, Sunday or
Holiday work, the COUNTY may assess the CONTRACTOR the sum of Two Hundred Fifty Dollars
($250.00)per man per day for each Saturday, Sunday or recognized Holiday worked or planned to work.
These fees will be deducted from the fmal invoice.
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}
7.16 Minimum Wage. The wage rate paid to all laborers, mechanics and apprentices employed by
CONTRACTOR for the work under the Agreement shall not be less than the prevailing wage rates for
similar classifications of work as established by the federal government and enforced by the U.S.
Department of Labor,Wages and Hours Division, and Florida's Minimum Wage requirements in Article
X, Section 24(f) of the Florida Constitution and enforced by the Florida Legislature by statute or the State
Agency for Workforce Innovation by rule,whichever is higher.
7.17 Protection of Property. All existing structures, utilities, services, roads, trees, shrubbery and
property in which the COUNTY has an interest shall be protected against damage or interrupted services at
all times by the CONTRACTOR during the term of this contract, and the CONTRACTOR shall be held
responsible for repairing or replacing damaged property to the satisfaction of the COUNTY which is
damaged by reason of the CONTRACTOR's operation on the property. In the event the CONTRACTOR
fails to comply with these requirements,the COUNTY reserves the right to secure the required services and
charge the costs of such services back to the CONTRACTOR. All items damaged as a result of
CONTRACTOR or subcontractor operations belonging to third parties, such as but not limited to:
sidewalks,irrigation,curbs,pipes,drains,water mains,pavement,mail boxes,turf,signs,or other property
shall either be repaired or replaced by the CONTRACTOR,at the CONTRACTOR'S expense,in a manner
prescribed by,and at the sole satisfaction of the COUNTY.
Furthermore, if the Project/Service is to be completed within COUNTY facilities, CONTRACTOR shall
be responsible for repairing or replacing any portion of any COUNTY facility,whether interior or exterior,
damaged by reason of the CONTRACTOR'S operation within the property. In the event the
CONTRACTOR fails to comply with these requirements, the COUNTY reserves the right to secure the
required services and charge the costs of such services back to the CONTRACTOR. All items within a
facility belonging to third parties,or to commissioners,officers,employees,leasees,invitees, or agents of
the COUNTY, including but not limited to personal items and/or furniture shall either be repaired or
replaced by the CONTRACTOR,at the CONTRACTOR'S expense,in a manner prescribed by,and at the
sole satisfaction of the COUNTY.
7.18 Risk of Loss. CONTRACTOR assumes the risk of loss of damage to the COUNTY'S property
during possession of such property by the CONTRACTOR, and until delivery to and acceptance of that
property to the COUNTY. The CONTRACTOR shall immediately repair, replace or make good on the
loss or damage without cost to the COUNTY,whether the loss or damage results from acts or omissions,
negligent or otherwise,of the CONTRACTOR or a third party.
7.19 Accident Notification. If in the course of completing work as part of this Agreement there is an
accident that involves the public,the CONTRACTOR shall as soon as possible inform the COUNTY of the
incident by telephone. The CONTRACTOR shall follow up in writing within two(2)business days of the
incident. If Law Enforcement was involved and has written a report,the CONTRACTOR shall forward a
copy of the report to the COUNTY.
Article 8. Miscellaneous Provisions
8.1 This Agreement is made under,and in all respects shall be interpreted,construed,and governed by
and in accordance with, the laws of the State of Florida. Venue for any legal action resulting from this
Agreement shall lie in Lake County,Florida.
8.2 Neither party may assign any rights or obligations under this Agreement to any other party unless
specific written permission from the other party is obtained.
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8.3 The captions utilized in this Agreement are for the purposes of identification only and do not control
or affect the meaning or construction of any of the provisions hereof.
8.4 This Agreement shall be binding upon and shall inure to the benefit of each of the parties and of
their respective successors and permitted assigns.
8.5 This Agreement may not be amended,released, discharged, rescinded or abandoned, except by a
written instrument duly executed by each of the parties hereto.
8.6 The failure of any party hereto at any time to enforce any of the provisions of this Agreement will
in no way constitute or be construed as a waiver of such provision or of any other provision hereof,nor in
any way affect the validity of,or the right thereafter to enforce,each and every provision of this Agreement.
8.7 During the term of this Agreement CONTRACTOR assures COUNTY that it is in compliance with
Title VII of the 1964 Civil Rights Act, as amended, and the Florida Civil Rights Act of 1992, in that
CONTRACTOR does not on the grounds of race, color, national origin, religion, sex, age, disability or
marital status, discrimination in any form or manner against CONTRACTOR employees or applicants for
employment. CONTRACTOR understands and agrees that this Agreement is conditioned upon the veracity
of this statement of assurance.
8.8 CONTRACTOR shall at all times comply with all Federal, State and local laws, rules and
regulations.
8.9 The employee(s) of CONTRACTOR shall be considered at all times its employee(s) and not an
employee(s) or agent(s) of COUNTY. CONTRACTOR shall provide employee(s) capable of performing
the work as required. The COUNTY may require the CONTRACTOR to remove any employee it deems
unacceptable.
8.10 Any individual, corporation, or other entity that attempts to meet its contractual obligations with
the COUNTY through fraud, misrepresentation or material misstatement,may be debarred for up to five
(5) years. The COUNTY as a further sanction may terminate or cancel any other contracts with such
individual, corporation, or entity. Such individual or entity shall be responsible for all direct or indirect
costs associated with termination or cancellation,including attorney's fees.
8.11 With the consent of CONTRACTOR,other agencies may make purchases in accordance with the
contract. Any such purchases shall be governed by the same terms and conditions as stated herein with the
exception of the change in agency name. In addition, although this solicitation is specific to a County
Department, it is agreed and understood that any County department may avail itself of this contract and
purchase any and all items specified herein at the contract price(s) established herein. A contract
modification shall be issued by the County identifying the requirements of the additional County
department(s).
8.12 CONTRACTOR shall act as the prime contractor for all required items and services and shall
assume full responsibility for the procurement and maintenance of such items and services.
CONTRACTOR shall be considered the sole point of contact with regards to all stipulations, including
payment of all charges and meeting all requirements of this Agreement. All subcontractors will be subject
to advance review by the COUNTY in terms of competency and security concerns. No change in
subcontractors shall be made without consent of the COUNTY. CONTRACTOR shall be responsible for
all insurance,permits,licenses and related matters for any and all subcontractors. Even if the subcontractor
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is self-insured, the COUNTY may require the CONTRACTOR to provide any insurance certificates
required by the workto be performed.
8.13 The CONTRACTOR shall either be registered or have applied for registration with the Florida
Department of State in accordance with the provisions of Chapter 607,Florida Statutes.
8.14 The invalidity or unenforceability of any particular provision of this Agreement shall not affect the
other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or
unenforceable provisions were omitted.
8.15 Wherever provision is made in this Agreement for the giving, service or delivery of any notice,
statement or other instrument, such notice shall be in writing and shall be deemed to have been duly given,
served and delivered,if delivered by hand or mailed by United States registered or certified mail or sent by
facsimile,addressed as follows:
If to CONTRACTOR: If to COUNTY:
D.H.Pace Company County Manager
1901 East 1191h Street County Administration Building
Olathe,KS 66061 315 West Main Street, Suite 308
Post Office Box 7800
Tavares,Florida 32778-7800
Fax: 352-343-5618
Each party hereto may change its mailing address by giving to the other party hereto,by hand delivery,
United States registered or certified mail notice of election to change such address.
Article 9. Scope of Agreement
9.1 This Agreement is intended by the parties hereto to be the final expression of their Agreement,and
it constitutes the full and entire understanding between the parties with respect to the subject hereof,
notwithstanding any representations,statements,or agreements to the contrary heretofore made. Any items
not covered under this contract will need to be added via written addendum, and pricing negotiated based
on final specifications.
9.2 This Agreement contains the following Attachments,all of which are incorporated herein:
Attachment A Scope of Services
Attachment B Pricing Schedule
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IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the
respective dates under each signature: COUNTY through its Board of County Commissioners, signing by
and through its Chair and by CONTRACTOR through its duly authorized representative.
CONTRACTOR
D.H.Pace Company,Inc.
doing business as D.H.Pace Door Services
F.
Jeff/ em7_ Vice President
T1its 24th day of February ,2016..
COUNTY
Lake County,Florida
ATTEST:
,N1111 744"/"Tolff
Nei' Kell Cl- k of the Sean M.Parks
Board of ounty Co . • ners Chairman
of Lake County,Florida
This Ate,day of Ad ,2016.
Approved as to form and legality:
Melanie Marsh
County Attorney
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ATTACHMENT A: SCOPE OF SERVICES
1. GENERAL
The Contractor shall, as needed by the County,provide all needed maintenance, repairs,and new
replacement services to interior and exterior roll-up doors,overhead doors,sliding doors and gates
at all Lake County facilities, including but not limited to, the Detention Facility and all Fire
Stations. Services shall include maintaining, repairing and/or replacing the mechanical
components of the apparatus, the automatic openers, and their control circuits. All work shall be
completed in accordance with all applicable codes, local ordinances, and requirements of Lake
County. The Contractor will be required to provide full service coverage, including labor, parts
and materials,to keep the doors and gates operating safely, efficiently, and in the manner in which
they were designed.
The Contractor shall not be responsible for the high voltage electrical from the point of connection
at the operator/unit,or to the motor if not part of the unit,back to the electric panel.
Unless otherwise authorized by the Project Manager, the Contractor shall be required to submit to
the Project Manager a written estimate for repairs. Repairs shall not be performed unless or until
the County's Project Manager authorizes the repairs in writing and issues a notice to proceed. Any
proposal for repairs shall include, but not be limited to, all materials, labor, travel, etc. The
County's Project Manager shall have the authority to provide a verbal notice to proceed for repairs
but shall provide the written authorization as soon as possible. E-mails are an allowable form of
transmitting estimates and written notices. As a part of this bid,the Contractor shall also supply a
cost percentage that will be charged above the Contractor's cost of the parts and materials. When
submitting an invoice with parts and/or materials, a copy of the Contractor's invoice showing the
cost from the supplier shall be included.
The Contractor shall be required to complete two (2)preventive maintenance services per year as
outlined below. The County shall pay for any repair services over and above that of the preventive
maintenance service on a time and materials basis. Contractor shall be required to submit to the
Project Manager a written estimate for any repairs that are identified during the preventive
maintenance inspections.
All maintenance, repairs, and new replacements shall be completed to the manufacturer's
specifications and to the latest federal, state and/or local standards.
Biannual Preventative Maintenance shall include, but not be limited to the following:
• Verify proper operation of all door/gate components including but not limited
to, all electrical switches,motors and wireless remote operators.Adjust/repair if
necessary.
• Check door/gate panels and sections for weathering or deterioration. Repair or
replace as necessary.
• Check and repair/replace, if necessary, weather stripping and seals.
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• Check for any damaged panels or sections, sites and rails. Adjust/repair if
necessary.Tighten all nuts and bolts.
• Check the condition of all hardware and locks. Lubricate where required and
adjust/repair if necessary.
• Check the condition of the horizontal and vertical tracks, guides, and rollers.
Adjust/repair if necessary.
• Check and adjust the track spacing.
• Check the condition of the spring counter balance. Adjust/repair if necessary.
• Check the condition of the extension springs. Adjust/repair if necessary.
• Check the torsion spring cables for equal tension and lubricate the torsion
springs, Adjust/repair if necessary.
• Check the condition of the cable drum. Adjust/repair if necessary.
• Check and replace, if necessary,frayed cables.
• Check secondary safeties and electric eyes, where applicable, for proper
operation. Adjust/repair as necessary
• Check and repair, if necessary, operation of keypads and remote operators
(excluding RBH systems).
• Check condition and operation of the chain hoist, sprockets and safety items.
Lubricate where required. Adjust/repair if necessary.
• Check the condition of all electric motors, belts, chains, electrical switches and
connections. Lubricate motor;tighten nuts,bolts,and connections.Adjust/repair
if necessary.
• Adjust doors/gates to insure that they are square in the openings.
• Cycle doors/gate to assure proper operation.
• Perform annual fire roll up door drop testing per NFPA 80,Federal, State,Local
or any other authority having jurisdiction.
• Check and repair,if necessary,sensitivity setting of ground loop controls,where
applicable, and test for proper operation.
• Affix label in a prominent location stating date of the PM and date the next PM
is required.
• The Contractor shall install an inspection log sticker at the site upon completion
of the work. This sticker shall state the company name, date,technician name,
and work completed.
• A detailed report shall be supplied to the County within 30 days of completion
of the inspections. This report shall have a minimum of the following
information included on it:
o Facility name and address
o Door/gate type, size, manufacture, along with model and serial
number if available.
o Operator type,manufacture name, model number, serial number.
o Voltage
o Overall condition of the door/gate.
o Does the door meet current wind load requirements.
o Recommended repairs with the cost.
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2. RESPONSE TLME
Upon verbal notification from the County, the Contractor's emergency response time to
any inoperable unit shall not exceed four(4)hours. Non-emergency service response time
shall be no later than the next business day. Lake County shall determine which cases
warrant emergency response. At no time shall any door and/or gate be inoperable for more
than forty—eight(48)hours,
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4.
i
EXHIBIT B
ATTACHMENT B: PRICING SCHEDULE
Pursuant to the terms of this Agreement,the Contractor agrees to provide the services pursuant to the pricing
schedule below. The Contractor acknowledges and agrees that this is an indefinite quantity contract with
no guarantee services will be required. The County does not guarantee a minimum or maximum dollar
amount to be expended as a result of the services to be provided pursuant to this Agreement. Note: Door
types and sizes listed below are given for informational purposes only.
}
DH Pace Door Services of
4
Orlando,Orlando;FL
Radio Nettie l .Alt.Key I Description I Quantity Annual Cost Ench I'Total Annual Cost
Fire Station 11(was 46) 1246555 Rol/Up Doors(3) i .,_, .. _
;i
4754 SR 19 f12'a 13'Motorized in 3 S60,00 $180.00
Fire$tition 14(was 44) 1224799 Ov-erheadDoors(3) .
42700 SR 19 10';10'hfotorked 3 $60.00 $180.00
istoe. ...
Fire Station 10(was 12) 2987898 Roll t'9 Doors(4) ,
,23023 SR 40 20'a 14'Motorized., 4' 590.00 8360.00
,, t.iermorlt
Tire Station 109(was'91) 2603968 Overhead Doors(3) ,, :,
11030 Lakeshore Drive 15'6 a 12'Motarit ed 2 S60.00 ££120.00
20'x;12' 1 . 560.00 $60.00
•Tire tation 110(was 93) 2945168 Roll
Sby Doors(3) ,, �>;'+
4234 CR 561 12•x 12`:Mototjzed. 3 560.00 5180.00
Fire Station 112(was 94) 3799038 Roll Up Doors(6) ,.
16240 CR 474
m14'x 34'6 Motorized• 6 S60.00 $360.00
Y
Sheriffs South Lake Substation •3815486 Overhead Doors(2)
15855`SR30 12'x12".Motorized. 560.00 5120.00
Roll tip Doors(3j . , -
14';12'Motorized ,2 $60.00. 5120.00
16'x 12'Motgriaed 1 560.00 $60.00 '
Delaib-0 % _.
:
Cotnntunity'Centei-Forest Hills 2540427 Overhead Doors(2) , <
31039 Lake Mack Road 14'x 10' 2 S60,00 5120.00
?i .J; Epstts-;. -__ '-':'.:.'..-;:'',•'',.'
i . ', v
Faitgrormde Ash Ford Bldg.' 1122767 Roll Up Door(1) ...,[s- w
2101.CR;452 10'x.10' 1 560.00 $60.00
Fairgrounds-Clements Bldg. 1122767 Roil Up boors(2) :':'.-_-:- .2:01,,,-:',,,,',..
i
2101'CR452 10x10' 2 $60.00. $120.00
FsugroROB U
iids_Expo poo. 1122767 ROB O Boos ':,-2,.1','-.;-',,':-„,,,,'',
, .
2101 CR 452 12'x 13' 1 560.00, 560.00
•
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i
Is
5'x0 l 560.00 560.00
Fa cgamda-Rlnyo Btdg, 1122767 Or'rhead Door(1} .. .. . i c .
2101 CR452 10`x8' I $60.00. $60.00
r
The S03601111(e. s 33) 1910208 Overhead Doors(2)'
23100'CR44A 12+66 L'Aiotaiired; I 560.00 $120.00
Roll Op loots(2) , ...• .
126 s 12'dotexiaed 1. $60.00 $120.00
A
F re'Stanoz423(Has42). '2$98850 OrerbeiidDoors(D
'1012 SR 44 12'.x;12'Mosmired 3:' $60:00 .$180.00
12'x 12' I 160.00 $60.00
,Sheriffs Veiiicle:MairZeoince 1006252 OyerheadDears(17)
1043Mc15041d 41*13 14'.x14 6 560.00 $310:00
11'z 8' 0.' 560.00 5300.00
12'x11' 1. 160.00 . $40.00 •
8z 8' 6 . . 560.00 $360.00..
0'x,10' 1 560.00 $60.00
Overhead Door.(1) .
S
9`x7' 1 560.00 $60.00
Ro11Gste(1) ...
20' 1 560.00 $60.00
Fue Station 83 ,1590655 UpDoms(1)
15303 Fan tale Commmoity Rd 12 x 12'Motorized I , $60.00 $120.00
;; .
Fire Staiica 53(was 02) '2585196 Overhead Doors(3) .r.
,1505 SpringInle Road l3'a 12'Maosired I 3, $60.00 $180.00
0*Inenico asMainten ce'Faiihly 1390085 Ro14pDoots(,6) N, , .. _..
10415 iadependestce B1rd: 14"x 1 t?Matorized. 6 $60.00 $360.00
;EtreStardom111(aar98) 3793530 OverbeadDoors(1) _
3605 Bay Lake Rd(Qt 565) - I41'g 12'Mataiized 2'. 360.00 $120.00
ShojEk1APir.1 ClrurchR4 Warehouse 2822317 Ro11 UppDoocs(a) . .
12345 Dry Fork Road 12'112` 2 180.00 4120.00
10'z 16" 3. $60.00' 5180.00
''.ebicde iiv ai ce Facilify(New j ' 4390865 Roll Up]pets(1) 2:-.;:'„:"'...:':',,,';....::,.'.:„. ':,:-.',.,.,::',:','....f,,,..,.:,-.2.,, : ,:-..':;.7:::..:1=',.-.-t±:,..,
20423Independence Blvd 14'.z 16' 2- 56000. 5120.00
14'*As 1 560.00 $dO.00
10';*12' 3" 360.00 • $160.00
iv x 12' 1• 560.00; 560.00
Fire Station 32 Gras 61) 1120845 Orerbead Doon(3) •--..::^7 '• 4., - ` Th. ,
306 W liemros.9 Sheet 12'z l2'Motorized 3;: $60.00 ` $160.00
12'a 12' 1. $60.00 $6010
?ire 5taii oa 54(Paas 66) 3343620 RoD Up Doors(4) ..+.,.
52002ake Oii$rn Road 12'it 1'Motorized 4 $60.00 $140.00
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)Raid kfattiteaan:e 1171245 :.1 Up Doors(3)
310 W.Griffin Road 14'z 14'; 3 $60,00 :$180.00
a= rWereLouse*1 1181517 Up Doan 415) .
2400 CR473 8. fr "2. „ 560.00 ;spo;t6
8'x 10'. 2 360.00 5120 0 .
10'x 12' 2 0010' 5120.00
4%,"Waretausel€?. 1184517 ,11UpDoors:(4) ~ ;
32400;C13.373 12',3:10' d S60.00- 5240.00.
I irt S1a ion 59.(was 65) 2851630: I: Up Doors(4) • *,
12011PauRoad. 12'x13'bsalariud 4 360.00 $140.00
r ue*047,,u 70( s 53) 20W1Q.' Or4b.ead Doors(3) ...
31 Snnayside Drive.: 12'6 x 13'611.24ad 3 $60.00 .$180.00
ire Sisd6a 71(aas 51)' 1180503 e:1 lipDaor(1) , ';-.
1130511;As e` 12` 6 s,14'IdaOozed 1; $60.00` '460,00
O► adDoots(4)
10'x 10'-Motorized ® 560.00 $180.00
110' 1 S60.0o $60.00
1 ire Station 73(Fis.52) 2562650 OrerbeadDoors,(dy -
12340 Lit 44 12'x 14'6 Motorized 4 $60.00 $240.00
5ta'tios 82(was 85) 2841567 •i Up Doors(4). ,•'
23434.;5 Hoy 27 12!s 12'Mtxosined 3 560.00. " :$260.002
12'x 12' 1 560.00 56000.
•
SheriffsAiraafiHanrar 1680867 Ro11Upfoor(1)
28440 EchoDns'a 12'1:12' 1 560.001 $10.00
Taint Mord) '
60'X16"` 1 4180.00 '8160.00.
• IIRoadMsiiittis,Ke 1659388
Osw6ondDoors(3) �, . :
509Disitor Atmne 14"It 14' 3 $60.00• $180.00
'ML
- Y
• 3844903
, Oml*adfoora(�
Mos°rized 4
$60.00 •$240.00
t ce;Statism 13(was 21) 2606690. Orufiead Doors(4) ''.7.: 2• _
25250(12.42 14':x 14'Mceorired 4 560.00' .5x40.00
TOweT 5449#13' 2606690 Otirhe d Doer '"
' 253042, 7`x7 1. *OD' $60.00
` r• Sfadoa l5(a ,+ss 35) 1336715 t:. Jp Doord'(4) -' ` .. `
.,.l palm'I)rice 12Sic irMosoiaed d $60.00:' 1,140:00
1361342 Ore:Acid Doors(3) ,,
3 560.00: $180:00.
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i
;
otg Cam&embalms 1391IDS. Roll Up Door(I) .::::..:: ......,,;-,,,-.. ,..•„;,,,.:,, ,,,,-,-As...,. , ,,f,...,,...... -..: ,.-_•.:,:_7.• : 1
30208 5R 19 9'x T 1 560.00 560.00
Anieml Castrol 3701267 Deirtmod Door 0): .,.- ;,.•''',"..;:•,,'",',.'._'---.:"":;:•.."'::',:"."::::: ',",:i :, ''',,"-,•:,,::.:::.::.:J.,,; :;.-",:-:',..,..,i.";
21123 C1 561 29•70. 1 560.00 $60.00
ROD Uppoor(1)- ';...X''i;'::: ", ,• •,,:-.''- ',,Z.:..?:":-.,:';,, :=:;''.. .,-',•:..l'i'.:',.: ‘,;.3'. .,44
8 Z a 1, 560:40 140.00
Cratrel Emery Plsm-1990 1686001 aedlUp Door(1): ..z.1.,:••:..,;±',...••',..,.,,,:•.;i,..i,.•.,-s":.-.,,,,.",,•;:e:.:,, ' '',,•:''::.=.1,-",:::•:::::;.'.:•';-.',
r5S 1 WANtaiti St(CEP PO) '6969 .1 560.00 -560.00
.. ..
CeiM4 ELM:ups:6-2009 1277434 (3verbeadDOors,(7) .:,:".:',"':',;:2, -,,, ':•:''''-:,,-;" ,,,..',',-,...:.".!,,.: :„;:,'. '71,:::::',':""!„:-;-'7,
445 W.Albeo1 Star 106 x 12'6 7 ;60-00 $420.00
tRollUpDoor(1) -.-. •'''' - . - -,. :
10.6 F10'61,4agoii* 1 *hp 40.06
County Administration lhalaitt
..
315 W.Maio St.(Bldg.A) 15'6 Z cf WM:0' 1 540.00 ' 56000
kou ui,togatia- ...::' .,!::::':,‘.::-1: ',':'';',..'..:;.,:: ..',:,:!•:-...-,'.,::':-. ',:f.',:',..;'::-.-':.?'-`2_:•;.-r:-,.,..''...-.'.
a'a A se.a MtD141 1 $60.00. Skaa
T x 0'6 bfaccizeA 1 $60.00 560.00
T6 x 9'6 hioecolsed 2 .560:00 .5120.00
5creei lilloor
7 X1476 lima-lied 1 560.09 560.00
7.9etentciiatei 1656051 ,R4i tip twits(B) .1:t:-..- -',:,:',..:!;:. i.L.''',-..,:•y'.:i?'-:::.__ ;,::,- i .,i'.:,..:.,',..,:::.:•-_,:„•:-1.:;:t:;,.:v7.
551 W.'Olio Street 137x166 bfotOrezed 4 -140.00 $1110,00
97x 10'Moteximed" 1 560.00 $60.00
10'. :13':Ifee-nor* 1 560.00 560,00
IS'ilt70,bloetstieed .a soLoo $120.00
11b"X 16.6 Moteated 1. $60.00 ,$60.00
rAzza Gate 3- i.„..„'-.. ,`:,•..:',a,• ;'''..,'l''',-;‘,..'"-,..7'".:,::":`''-' a. ;--,q:''7"''.i,:..L.7.-,g!':$F.
1S' 3. 560.00 $100.00.
taviroualtoralLati, 1441421 324112p Door(1) ' 'ii'''-'''':''I.:.:•'-'::;-. ' ,• --,";•': ',.. :7;."?;'-'•
13100 Comfy I.Mdfillkeead rill'. :1 .160.00. 560.00
.-Waste Stoo 1441421 co.•#ilit*a Door(1).
p 1411 fc County 44(1fit1 ge.4.4 07x 10' :1 $60.00 . 160.00
Val 1.119Dom(2) ' ,:' '‘.?:;•.i'''' -:---.J'''''''']-'... ;'.'1,"1:A•-.-; '...:: '--:1.,:-:-.-;.:"T:f7.,:f.
vs 10`. •2 36000 11.26.00
...tv.nste nom swage ttseomn z-vessie 1:44142i val ti6or m
liultdizur) 1
131.4a tOcanr Lamm',Pad ir i 6,1 :1 560.00 560.00
Ilex-11at Shed, 1491421 Fop 1JeDaai-11) _1;.,:"-..,..'',-,,-,..,;:j••; ';:,.: ,::',::;:.,,!;;'-,.vi..:'„- ,:,::','„':':.,':',"r._.::',,-,.V,::::',•.,';:,',.! ,
13100 Oaulty..10,dfillatoed 0'#15`6 .1• $OAP 30010,
loditie1&seer 1277434 Roll Up Door(1). :.:';'..•.,,:,:•'7't!:;;;',''.'. ,?:',••.(,`:::2- ",..:.'„"g..'-!"- ---:. :.::f';•';`.Y4:""SC'',•:1'"-?:
550 W:Mein Slime 15'6 a:96 hiceotiag 1 160.00 560.00
swan(I)
10'x5rMacrired 1: $60.00 $60.00
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411'Gate&totalized ';..f,',7.7'.-z-2 m . .
a
Is�: o * ;sic.pn.
*In. otcQrned. ..,..$ ( 7.1 -,
157 2 'SWAY 4120:00
er w ,- app -r-`s._tin,
IS' '1 "S, 400
* UGate31t 3. t j,
12'.. 1
4401i: X60.00:
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Page 34 of 35
S:\DOCUMENT2015\PROCUREMENT16.0408 Overhead Doors and Gates 116-0408_D.H.Pace 2.29.16.dacx
37711 SR 19 12.4111.3Sotdxtad` .S': ;.$60-00 •$3000/
56R-PO 401:00,
ti*$,k ii0914
S819CRA8 12•x121sthirritied , 3' •460:00 :S1lbOO
'34a-' otos"
536,430
l.AUY,'S'RTS•F�D ivEEDED`REP3IS Det IE\
REPL. CEMENT OF}4b)IEN '
Le1►d wpcler :regular businefla hours(Sam lSpn)..C ostler boy 79_QU.
lie er-.re Pular.kusiaeb�haunt`.( atu 3 n}.. a�t:pe.hour. 3 bpi,
Lead:worLer ratter regiitarbusiness 7ioura-C:ostperMous 6.} 3 QO::
�Iel�er.—after ne�tifar bnslriess hours Catt.per hour s: 0-OR'
•
lytaterta1s.to be supplied at acts.st.cost,plus C trngtor s 1 ue.y.:3 o"
�pexcelgtage?
i
Page 35 of 35
S:\DOCUMEN7120151PROCUREMEN\16-0408 Overhead Doors and Gates\16-0408_D.H.Pace_2.29.16.docx
Addendum A
Notwithstanding the foregoing:The extent of D.H. Pace Company, Inc.'s liability under this provision shall
be expressly limited to damages, injuries or losses caused by the acts or omissions of D.H. Pace(including
the acts or omissions of D.H. Pace's subcontractors and suppliers). The parties further agree that the
extent of D.H. Pace Company, Inc.'s liability and duty to defend pursuant to this indemnity provision shall
be expressly limited to damages, losses, litigation expenses and costs, and attorneys' fees directly
resulting from or caused by the acts or omissions of D.H. Pace(including the acts or omission of D.H.Pace's KAT
subcontractors and suppliers).
CONTRACT APPROVAL FORM
TO: DARREN GRAY, CITY MANAGER
THRU: FREDDY SUAREZ, PURCHASING DIRECTO
FROM: MARILYN RODRIGUEZ, CONTRACTS COORDINATOR
SUBJECT: OVERHEAD/ ROLLUP DOORS MAINTENANCE AND REPAIR SERVICES
DATE: NOVEMBER 9, 2017
THE PURCHASING DIRECTOR RECOMMENDS THE FOLLOWING:
1. APPROVE: Agreement between the City of Clermont and D.H. Pace Company, Inc. to
provide preventative, maintenance, repair and replacement services for certain overhead
and gates. The agreement shall take effect on the date of execution by both parties and
shall remain in effect until April 11, 2018, unless renewed or terminated as provided by
the Lake County B.C.C. agreement. The agreement provides for three (3)additional one
(1) year renewal term.
2. Why is this action necessary: In accordance with the City of Clermont Purchasing
Policy, the City Manager is authorized to approve contracts under $50,000 that do not
require a budget amendment.
3. ADDITIONAL INFORMATION: At the request of the Public Works Department, the
Purchasing Department sought a contract with the Lake County B.C.C., contract number
16-0408 to provide preventative, maintenance, repair and replacement services for certain
overhead and gates. The estimated annual expenditures is less than $5,000 and it is
included in the Public Works Department budget. The Purchasing Department issued
Request for Bid (RFB) 17-045 to acquire qualified respondents to provide these services.
At the completion of the RFB the Purchasing Department received two(2)responses from
Rolling Doors.com Service, LLC and FL Handling Systems, Inc. The Rolling Doors could
not perform the services and asked for their bid to be withdrawn. The FL Handling
Systems, prices were considered too high and unreasonable.The Purchasing Department
determined not to make an award recommendation and rejected all bids. The Purchasing
Department sought a contract from the Lake County B.C.C. for the Overhead / Rollup
Door Services which provides more reasonable pricing. The Lake County B.C.C. contract
No. 16-0408 was fully competed, advertised, and complies with the City of Clermont
Purchasing Policy.
4. FISCAL IMPACT: The fiscal impact may vary based on loan amount.
5. EXHIBITS: Lake County B.C.C. RFP Responses
Overhead /Rollup Doors Maintenance and Repair Services Agreement
APPROVA UTHORITY
Approved Disapproved 0
,'/ Reason/Suggestion (If disapproved)
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