ITB 2026-10 Lamont Schoolhouse Storm Repairs Addendum 2

ITB 2026-10: Lamont Schoolhouse Storm Repairs
CONSTRUCTION AGREEMENT
JEFFERSON COUNTY, a political subdivision of the State of Florida, by and through its
Board of County Commissioners, situated at 435 West Walnut Street, Monticello, Florida 32344
(the "County"), hereby contracts with ________ (the "Contractor________, a contractor licensed
to perform all work in the State of Florida in connection with the County's Project ________ (the
"Project"), as said work is set forth in the scope of work listed in the bid documents hereafter
specified (the "Work").
The County and the Contractor, for the consideration herein set forth, agree as follows:
Section 1. Contract Documents.
A. The Contract Documents consist of this Agreement, the Exhibits described in
Section 36 hereof, the Legal Advertisement, the Instructions to Bidders, the Contractor's Bid
proposal and any duly executed and issued addenda, Change Orders, Work Directive Changes,
Field Orders, Work Authorizations and amendments relating thereto. All of the foregoing Contract
Documents are incorporated by reference and made a part of this Agreement (all of said documents
including the Agreement sometimes being referred to herein as the "Contract Documents" and
sometimes as the "Agreement"). A copy of the Contract Documents shall be maintained by
Contractor at the Project site at all times during the performance of the Work.
B. Any Work that may be reasonably inferred from the specifications as being required
to produce the intended result shall be supplied whether or not it is specifically called for. In case
of any inconsistency or conflict among the provisions of the Agreement and any other terms and
conditions of any documents comprising the Contract Documents, the provisions of the Agreement
shall control. Concerning the Contract Documents, the order of precedence shall be as follows:
(1) Change Orders; (2) the Agreement, including amendments and Exhibits; (3) Field Orders; (4)
the solicitation documents, including any addenda. The Contract Documents listed above
represent the entire and integrated Agreement between the parties hereto, and supersede prior
negotiations, representations, or agreements, either written or oral.
C. Work, materials or equipment described in words which have a well-known
technical or trade meaning, shall be deemed to refer to such recognized standards.
D. The County shall furnish to the Contractor up to three (3) sets of the Contract
Documents as are reasonably necessary for execution of the Work. Additional copies of the
Contract Documents shall be furnished, upon request, at the cost of reproduction.
E. The Contractor agrees to bind specifically every Subcontractor to the applicable
terms and conditions of the Contract Documents for the benefit of the County.
F. Construction services provided by Contractor for the Project shall be under the
general direction of [INSERT COUNTY Project Manager], or their successor, who shall act as
the County's representative during the term of this Agreement. If the County's representative is
not a County employee, then County's representative is not authorized to issue changes to the
Contract Amount, Contract Time, or Scope of Work without express approval by the Department
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Director, County Manager, or Board of County Commissioners.
G. The County's representative, within the authority conferred by the Board of County
Commissioners, shall initiate written Change Orders, and notification to the Contractor of any and
all changes approved by the County in the Contractor's: (1) compensation; (2) time and/or schedule
of service delivery; (3) and any amendment (s) or other change(s) relative to the Work pursuant to
this Contract or Change Orders pertaining thereto. Following County approval, the County's
representative shall coordinate issuance of any such documents. The County's representative shall
be responsible for acting on the County's behalf to administer, coordinate, interpret and otherwise
manage the contractual provisions and requirements set forth in this Contract or any amendments,
or Change Orders issued hereunder.
Section 2. Scope of Work.
A. The Project consists of Storm Damage Repairs. The Contractor agrees to furnish
and pay for all management, supervision, financing, labor, materials, tools, transportation, fuel,
supplies, utilities, equipment and services of every kind and type necessary to diligently, timely,
and fully perform and complete in a good and workmanlike manner the Work required by this
Agreement to complete the Project.
B. All materials and equipment shall be applied, installed, connected, erected, used,
cleaned and conditioned in accordance with the instructions of the applicable manufacturers,
fabricator or processors except as otherwise provided in the Contract Documents.
Section 3. Contract Amount.
A. In consideration of the faithful performance by the Contractor of the covenants in
this Agreement to the full satisfaction and acceptance of the County, the County agrees to pay, or
cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance
with the terms of this Agreement: $________ or in WORDS: _____________. The cost proposal
is on the following page.
The remainder of this page is left intentionally blank
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B. If the Contract Amount includes an Allowance, the Contractor shall cause the Work
covered by the Allowance to be done for such sums within the limits of the Allowance as the
County may approve. The Contractor agrees that the Contract Amount includes such sums as they
deem proper for costs and any profit on account of any Allowances. No demands for an additional
sum for overhead or profit will be allowed.
C. Any agreed upon changes to the Contract Amount must be accomplished by an approved,
written Change Order in the form attached to this Agreement.
D. The County may subsequently identify items eligible for direct purchase for sales tax
savings. The County shall, at its sole discretion, have the option to purchase directly from the
supplier or vendor, any supplies, materials or equipment included in the Contractor's bid for the
Contract. The County reserves the right to require Contractor to assign to the County agreements
with suppliers for such goods. Contractor shall, from time to time submit, update and keep current,
for consideration by the County, a list of all materials, supplies and equipment to be purchased,
organized by supplier or vendor. Such list shall include a brief description of the materials, supplies
and equipment and the name and address of the supplier or vendor. Suppliers or vendors reasonably
anticipated to furnish material, supplies and equipment with an aggregate purchase value of less
than $10,000 need not be listed. Goods not required for the performance of the Contract shall not
be purchased under this Agreement. The County reserves the right to delete or add items from this
Agreement when it is in the County's best interest. Upon approval by the County, the Contractor
will provide a worksheet by electronic means which will include a proposal from the vendor
detailing the description of the item to be purchased, total price and sales tax to be deducted. The
County will then issue a purchase order directly to the vendor for the cost of the item less the sales
tax. Upon completion of all direct purchases the Contractor will prepare a deductive Change Order
reducing the Contract Amount by the total amount of the purchases, inclusive of all sales tax,
shipping, handling, insurance, and other similar charges paid by Owner. Administrative costs
incurred by the Contractor with this Agreement, including administering the purchases in the name
of the County, shall be considered to be included in the base bid proposal for work. No addition
shall be added to the Contract Amount because of the service provided by the Contractor in the
purchase of property, materials, et cetera, in the name of the County.
Section 4. Bonds.
A. The Contractor shall provide Performance and Payment Bonds, in the form
prescribed in the Exhibits to the Agreement, in the amount of 100% of the Contract Amount, the
costs of which are to be paid by Contractor. If the Contract is increased by a Change Order, it
shall be the Contractor's responsibility to ensure that the Performance and Payment Bonds are
amended accordingly, and a copy of the amendment forwarded to the County. The Performance
and Payment Bonds shall be underwritten by a surety authorized to do business in the State of
Florida and otherwise acceptable to the County; provided, however, the surety shall be rated as
"A-" or better as to general policy holders rating and Class V or higher rating as to financial size
category and the amount required shall not exceed 5% of the reported policy holders surplus, all
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as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of
75 Fulton Street, New York, New York 10038.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the
requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar
days thereafter, substitute another bond and surety, both of which shall be subject to the County's
approval.
Section 5. Contract Time and Liquidated Damages
A. Time is of the essence in the performance of the Work under this Agreement. The
"Commencement Date" is established in the Notice to Proceed to be issued by the County. Written
Notice to Proceed is contingent upon and will be done subsequent to the Contractor fully satisfying
the County's stated insurance and Bond submittal requirements. The Contractor shall commence
the Work within ten (10) calendar days from the Commencement Date. No Work shall be
performed at the Project site prior to the Commencement Date. Any Work performed by the
Contractor prior to the Commencement Date shall be at the sole risk of the Contractor. The Work
shall be substantially completed within 90 calendar days from the Commencement Date. The
date of substantial completion of the Work (or designated portions thereof) is the date certified by
the County when construction is sufficiently complete, in accordance with the Contract
Documents, so the County can occupy or utilize the Work (or designated portions thereof) for the
use for which it is intended. The Work shall be fully completed and ready for final acceptance by
the County within 90 calendar days from the Commencement Date (herein "Contract Time").
B. 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 substantially completed within
the time specified above, as said time may be adjusted as provided for herein. Should the
Contractor fail to substantially complete the Work within the time period noted above, the County
shall be entitled to assess, as liquidated damages, but not as a penalty, $1000.00 for each calendar
day thereafter until substantial completion is achieved. The Project shall be deemed to be
substantially completed on the date the County issues a Substantial Completion Certificate
pursuant to the terms hereof. The Contractor hereby expressly waives and relinquishes any right
which it may have to seek to characterize the above noted liquidated damages as a penalty, which
the parties agree represents a fair and reasonable estimate of the County's actual damages at the
time of contracting if the Contractor fails to substantially complete the Work in a timely manner.
C. When any period of time is referenced by days herein, it shall be computed to
exclude the first day and include the last day of such period. If the last day of any such period falls
on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction,
such day shall be omitted from the computation, and the last day shall become the next succeeding
day which is not a Saturday, Sunday or legal holiday. All days shall mean calendar day and not
business day.
Section 6. Intent of Contract Documents
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A. It is the intent of the Contract Documents to describe a functionally complete
project (or portion thereof) to be constructed in accordance with the Contract Documents. 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,
materials 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, whether such reference be specific or by implication, shall mean the latest standard
specification, manual, code, law or regulation in effect at the time the Work is performed, except
as may be otherwise specifically stated herein.
B. If before or during the performance of the Work, Contractor discovers a conflict,
error or discrepancy in the Contract Documents, Contractor immediately shall report same to the
project manager in writing and before proceeding with the Work affected thereby shall obtain a
written interpretation or clarification from the project manager. If required, a Field Order or
Change Order will be issued pursuant to Section 15 of this Agreement. If the Contractor performs
any Construction activity knowing it involves a recognized error, inconsistency or omission in the
Contract Documents without such notice to the County, the Contractor shall assume responsibility
for such performance and shall share in costs associated with any corrections. Contractor shall take
field measurements and verify field conditions and shall carefully compare such field
measurements and conditions and other information known to Contractor with the Contract
Documents before commencing any portion of the Work.
Section 7. Investigation and Utilities
A. Contractor shall have the sole responsibility of satisfying itself concerning the
nature and location of the Work and the general and local conditions, and particularly, but without
limitation, with respect to the following: those affecting transportation, access, disposal, handling
and storage of materials; availability and quality of labor; water, sewer, and electric power;
availability and condition of roads; work area; living facilities; climatic conditions and seasons;
physical conditions at the work-site and the project area as a whole; topography and ground surface
conditions; nature and quantity of the surface materials to be encountered; subsurface conditions;
equipment and facilities needed preliminary to and during performance of the Work; and all other
costs associated with such performance. The failure of Contractor to acquaint itself with any
applicable conditions shall not relieve Contractor from any of its responsibilities to perform under
the Contract Documents, nor shall it be considered the basis for any claim for additional time or
compensation.
B. Contractor shall locate all existing roadways, railways, drainage facilities and
utility services above, upon, or under the Project site, said roadways, railways, drainage facilities
and utilities (surface and subsurface) being referred to in this Sub-Section 7.B. as the "Utilities".
Contractor shall contact the owners of all Utilities to determine the necessity for relocating or
temporarily interrupting any Utilities during the construction of the Project. Contractor shall
schedule and coordinate its Work around any such relocation or temporary service interruption.
Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all
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times during the course of the Work. Relocation or shutdown of County facilities must be
requested by the Contractor in writing a minimum of ten (10) calendar days prior to the proposed
Work. The County shall have the final decision with respect to whether the relocation or shutdown
is required and when the relocation or shutdown of facilities may take place. The Work may need
to be performed at night or on weekends to minimize the interruption of service or to meet the
operational needs of the County's facilities.
Section 8. Schedule
A. The Contractor, within ten (10) calendar days after receipt of a Notice of Award,
shall prepare and submit to the County, for their review and approval, a progress schedule for the
Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by
the Contract Documents and shall provide for expeditious and practicable execution of the Work
within the Contract Time. The Progress Schedule shall indicate the dates for starting and
completing the various stages of the Work.
B. The Progress Schedule shall be updated monthly by the Contractor. All monthly
updates to the Progress Schedule shall be subject to the County's review and approval. Contractor
shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted
below. The County's and review and approval of the submitted Progress Schedule updates shall
be a condition precedent to the County's obligation to pay Contractor.
Section 9. Progress Payments
A. Prior to submitting its first monthly Application for Payment, Contractor shall
submit to the County, for their review and approval, a schedule of values based upon the Contract
Price, listing the major elements of the Work and the dollar value for each element. After its
approval by the County, this schedule of values shall be used as the basis for the Contractor's
monthly Applications for Payment. This schedule shall be updated and submitted each month to
the County along with a completed and notarized copy of the Application for Payment form. No
voluntary acceleration or early completion of the Work shall modify the time of payments to
Contractor as set forth in the approved Schedule of Values.
B. Prior to submitting its first monthly Application for Payment, Contractor shall
submit to the County a complete list of all its proposed subcontractors and materials, showing the
work and materials involved and the dollar amount of each proposed subcontract and purchase
order. The first Application for Payment shall be submitted no earlier than thirty (30) days after
the Commencement Date.
C. If payment is requested on the basis of materials and equipment not incorporated
into the Project, but delivered and suitably stored at the site or at another location agreed to by the
County in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice
or other documentation warranting that the County has received the materials and equipment free
and clear of all liens, charges, security interests and encumbrances, together with evidence that the
materials and equipment are covered by appropriate property insurance and other arrangements to
protect the County's interest therein, all of which shall be subject to the County's satisfaction.
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D. Contractor shall submit two (2) copies of its monthly Application for Payment to
the County on or before the 25th day of each month for work performed during the previous month.
Invoices received after the 25th day of each month shall be considered for payment as part of the
next month's application. Within ten (10) calendar days after receipt of each Application for
Payment, the County shall either:
D.1 indicate his approval of the requested payment;
D.2 indicate his approval of only a portion of the requested payment, stating in writing
his reasons therefore; or
D.3 return the Application for Payment to the Contractor indicating, in writing, the
reason for refusing to approve payment and the action necessary to make the payment
request proper.
In the event of a total denial and return of the Application for Payment by the County, the
Contractor may make the necessary corrections and resubmit the Application for Payment. The
County shall, within thirty (30) calendar days after County approval of an Application for
Payment, pay the Contractor the amounts so approved. Provided, however, in no event shall the
County be obligated to pay any amount greater than that portion of the Application for Payment
approved by the County.
E. The County shall retain five percent (5%) of the gross amount of each monthly
payment request or five percent (5%) of the portion thereof approved by the County for payment,
whichever is less. Such sums shall be accumulated and released to Contractor with final payment.
F. Monthly payments to Contractor shall in no way imply or constitute approval or
acceptance of Contractor's work.
G. Each Application for Payment shall be accompanied by a Release and Affidavit, in
the form attached to this Agreement, showing that all materials, labor, equipment and other bills
associated with that portion of the Work for which payment is being requested have been paid in
full. The County shall not be required to make payment until and unless these affidavits are
furnished by the Contractor.
H. Contractor agrees and understands that funding limitations exist and that the
expenditure of funds must be spread over the duration of the Project at regular intervals based on
the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly
Application for Payment, Contractor shall prepare and submit for the County's review and
approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved
by the County to reflect approved adjustments to the Contract Amount and Contract Time. No
voluntary acceleration or early completion of the Work shall modify the time of payments to
Contractor as set forth in the approved Project Funding Schedule.
Section 10. Payments Withheld
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A. The County may decline to approve any Application for Payment, or portions
thereof, because of subsequently discovered evidence or subsequent inspections. The County may
nullify the whole or any part of any approval for payment previously issued and the County may
withhold any payments otherwise due Contractor under this Agreement or any other agreement
between the County and Contractor, to such extent as may be necessary in the County's opinion to
protect it from loss because of:
A.1 Defective Work not remedied;
A.2 Third party claims filed or reasonable evidence indicating probable filing of such
claims;
A.3 Failure of Contractor to make payment properly to subcontractors or for labor,
materials or equipment;
A.4 Reasonable doubt that the Work can be completed for the unpaid balance of the
Contract Amount;
A.5 Reasonable indication that the Work will not be completed within the Contract
Time;
A.6 Unsatisfactory prosecution of the Work by the Contractor;
A.7 Failure to provide accurate and current "As-Builts"; or
A.8 Any other material breach of the Contract Documents.
B. If these conditions in Subsection 10.A are not remedied or removed, the County
may, after three (3) days written notice, rectify the same at Contractor's expense. The County also
may offset against any sums due Contractor the amount of any liquidated or unliquidated
obligations of Contractor to the County, whether relating to or arising out of this Agreement or
any other agreement between Contractor and the County.
Section 11. Final Payment
A. The County shall make final payment to Contractor within thirty (30) calendar days
after the Work is finally inspected and accepted by both the County in accordance with Section
26.A. herein, provided that Contractor first, and as an explicit condition precedent to the accrual
of Contractor's right to final payment, shall have furnished the County with a properly executed
and notarized copy of the Release and Affidavit, as well as, a duly executed copy of the Surety's
consent to final payment and such other documentation that may be required by the Contract
Documents and the County.
B. Contractor's acceptance of final payment shall constitute a full waiver of any and
all claims by Contractor against the County arising out of this Agreement or otherwise relating to
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the Project, except those previously made in writing and identified by Contractor as unsettled at
the time of the final Application for Payment. Neither the acceptance of the Work nor payment
by the County shall be deemed to be a waiver of the County's right to enforce any obligations of
Contractor hereunder or to the recovery of damages for defective Work not discovered by the
County at the time of final inspection.
Section 12. Submittals and Substitutions
A. Contractor shall carefully examine the Contract Documents for all requirements for
approval of materials to be submitted such as a schedule of values, safety manual, shop drawings,
data, test results, schedules and samples. Contractor shall submit all such materials at its own
expense and in such form as required by the Contract Documents in sufficient time to prevent any
delay in the delivery of such materials and the installation thereof.
B. Whenever materials or equipment are specified or described in the Contract
Documents by using the name of a proprietary item or the name of a particular supplier, the naming
of the item is intended to establish the type, function and quality required. Unless the name is
followed by words indicating that no substitution is permitted, materials or equipment of other
suppliers may be accepted by the County if sufficient information is submitted by Contractor to
allow the County to determine that the material or equipment proposed is equivalent or better than
to that named. Requests for review of substitute items of material and equipment will not be
accepted by the County from anyone other than Contractor and all such requests must be submitted
by Contractor to the County within thirty (30) calendar days after Notice of Award is received by
Contractor.
C. If Contractor wishes to furnish or use a substitute item of material or equipment,
Contractor shall make application to the County for acceptance thereof, certifying that the
proposed substitute shall perform adequately the functions and achieve the results called for by the
general design, be similar and of equal substance to that specified and be suited to the same use as
that specified. The application shall state that the evaluation and acceptance of the proposed
substitute will not prejudice Contractor's achievement of substantial completion on time, whether
or not acceptance of the substitute for use in the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct contract with the County for the Project) to
adapt the design to the proposed substitute and whether or not incorporation or use of the substitute
in connection with the Work is subject to payment of any license fee or royalty. All variations of
the proposed substitute from that specified will be identified in the application and available
maintenance, repair and replacement service shall be indicated. The application also shall contain
an itemized estimate of all costs that will result, directly or indirectly, from acceptance of such
substitute, including costs for redesign and claims of other contractors affected by the resulting
change, all of which shall be considered by the County in evaluating the proposed substitute. The
County may require Contractor to furnish at Contractor's expense additional data about the
proposed substitute.
D. If a specific means, method, technique, sequence or procedure of construction is
indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute
means, method, sequence, technique or procedure of construction acceptable to the County, if
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