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05/18/2011 AgreementDANNY L. KOLHA GE CLERK OF THE CIRCUIT COURT DATE: May 26, 2011 TO: Dent Pierce, Director Public Works Division ATTN. Beth Leto, Assistant Director Public Works Division FROM: Pamela G. 4k. At the May 18, 2011, Board of County Commissioner's meeting, the Board granted approval and authorized execution of Item C 11 Contract with MECO of North Florida, Inc. for Fuel Piping Replacement at the Monroe County Detention Center, Stock Island, Florida. Enclosed is a duplicate original of the above -mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Attorney Finance File AGREEMENT FUEL PIPING REPLACEMENT — MONROE COUNTY DETENTION CENTER CONTRACT MONROE COUNTY MECO OF NORTH FLORIDA, INC. THIS AGREEMENT made and entered into this 18th day of May 2o11 by and between MONROE COUNTY, a political subdivision of the State of Florida hereinafter called "County", whose address is 1100 Simonton Street, Key West, Florida 33040 and MECO Of North Florida, Inc., a Florida corporation, hereinafter called "Contractor', whose address is 3626 Phoenix Avenue, Jacksonville, Florida 32206. WHEREAS, the County is in need of fuel piping replacement at its Monroe County Detention Center facility; and WHEREAS, the Contractor is licensed, qualified, properly equipped and is in the business of performing fuel piping replacement; now, therefore IN CONSIDERATION of the premises and of mutual covenants and promises hereinafter contained, the parties hereto do hereby agree as follows: 1. THE CONTRACT The contract between the County and the Contractor, of which this Agreement is a part, consists of the contract documents, as specified in paragraph 2. 2. THE CONTRACT DOCUMENTS The contract documents consist of the Agreement and any amendments hereto executed by the parties, all Change Orders and any addenda, the Request for Bid together with the Contractor's response to the RFB and all required insurance documentation. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. Fuel Piping Replacement - MCDC Page 1 3. SCOPE OF THE WORK — — FUEL PIPING REPLACMENT — Monroe County Detention Center, 5501 College Road, Stock Island, Florida 33040. A. The Contractor shall perform all of the work required, implied or reasonably inferable from this agreement. The term "work" shall mean whatever is done by or required of the contractor to perform and complete its duties under this agreement, including the following: construction of the whole or a designated part of the project; furnishing of any required surety bonds and insurance; and the provision or furnishing of labor, supervision, engineering services, material, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, power, debris disposal, the payment of any applicable sales and use taxes; procurement and payment of any required permits from local, state or Federal authorities having jurisdiction, royalties and product license fees; fuel, heat, light, cooling, and all other utilities as required by this contract. The work is to not disrupt or jeopardize Detention Center operations. Contractor is to abide by all security rules and regulations. The work to be performed by the contractor is generally described as follows: 3.01 DESCRIPTION A. Provide all labor, material, equipment, and tools as required for: 1) abandonment and closure in place of existing underground supply and return generator diesel fuel piping in compliance with Chapter 62-761, Florida Administrative Code (F.A.C.) and acceptance by the Authorities Having Jurisdiction. Included within this scope is the performance and documentation of a breach of integrity test of the existing piping secondary containment. Pursuant to Rule 62- 761.800(4)(b)(2) F.A.C, if secondary containment integrity has been maintained, a closure assessment should not be required. a. ALLOWANCE: If required, abandonment shall include performing a Storage Tank System Closure Assessment and reporting in compliance Chapter 62-671 F.A.0 including the Florida Department of Environmental Protection Storage Tank System Closure Assessment Requirements, and acceptance by the Authorities Having Jurisdiction. The closure assessment and report is included within the scope of work, if not conducted, the cost of which is identified on the Submission Response Form shall be deducted from the contract amount. 2) installation of approximately 255 lineal feet each of new underground double walled fiberglass 1" supply and 1 1/4" return diesel fuel lines across existing parking lot and curbing. a. Installation shall include all required excavation of the existing 12,000 gallon underground fuel tank and connections thereto. Fuel Piping Replacement - MCDC Page 2 b. Installation shall include all required transition sumps and transition piping. All excavations shall be backfilled with suitable soil and properly compacted. Parking area and curbing shall be restored to its pre -excavation condition, inclusive of all asphalt and concrete patching. d. Installation shall include three (3) 3/4" PVC electrical conduits, full length of underground fuel piping with transitions to galvanized conduit at tank along with tank penetration and boots. Opposite end at building, sweep conduits up, terminate and cap twelve inches above grade. Provide 1/4" braided nylon pull rope secured at each end of conduit for each conduit run. 3. Installation of approximately 260 lineal feet each of new above ground 1" supply and 1 ''/a" return diesel fuel line. Connection of new piping to existing piping shall occur at point where existing piping turns up into building. a. Installation shall include all required pipe hangers and supports b. All ferrous -metal above ground piping, pipe hangers and supports shall be coated with not less than one primer and two finish coats of an approved coating 3.02 QUALITY ASSURANCE A. Contractor shall be a "Certified Contractor" of which means a Pollutant Storage System Contractor certified by the Department of Business and Professional Regulation in accordance with Chapter 489, F.S. and shall not have less than three years of experience as a "Certified Contractor". B. It is the responsibility of the contractor to initiate a Quality Control Program to govern all aspects of the work. Contractor shall provide inspections, tests and other quality - control services as required by all Authorities Having Jurisdiction. Costs for these services are included in the Contract Sum. C. It is the responsibility of the contractor to insure that all work complies with DEP Rule Chapter 62-761 and to apply to and receive approval from all Authorities Having Jurisdiction. This is to include any required engineering, drawings and permit fees. 3.03 PERFORMANCE A. All storage tank systems shall be installed according to the applicable provisions of NFPA 30 and 30A, PEI/RP 100-97, API RP 1615 and ASME B31.4 1. Including the latest Amendments and Supplements. Fuel Piping Replacement - MCDC Page 3 B. A pressure test shall be performed for underground piping before the piping system is placed into service. Tightness tests for underground small diameter piping connected to underground tanks are subject to paragraph 62-761.500(2)(d), F.A.C. C. All piping that is not in contact with the soil shall meet the construction standards in paragraphs 62-761.500(8)(a)-(d), F.A.C. 3.04 SUBMITTALS - Owner review and approval is required for the following submittals. When submittals are marked approved by the Owner, that part of the work covered by the submittal may proceed provided it complies with requirements of the Contract Documents; final acceptance will depend upon that compliance. Allow sufficient review time so that installation will not be delayed because of the time required to process submittals, including time for re -submittals. Allow two weeks for initial review. Four copies will be required for each submission. One copy will be returned to the Contractor with appropriate comments. A. All Contractor submissions to any Authority Having Jurisdiction shall also be submitted to the Owner B. All related correspondence, approvals and/or permits from any Authority Having Jurisdiction to the Contractor shall also be submitted to the Owner. C. Phased excavation plan indicating how access is to be maintained to the Jail and to the MCSO Administration Building D. Product data for all pipe, containment systems, pipe hangers and supports E. Product data for paint and/or other coatings 3.05 DELIVERY & STORAGE A. Deliver all materials to the job site in manufacturer's original, unopened containers, with legible labels and in sufficient quantity to allow for continuity of work. B. Select and operate material handling equipment in a safe manner, guarding against damage to existing construction or site and in compliance with Manufacturer's recommendations of handling and storage. C. Staging and/or storage areas shall be coordinated with and approved by the owner's representative D. Store materials in a manner to protect them from excessive corrosion. Fuel Piping Replacement - MCDC Page 4 E. Flammable materials shall be stored in a cool, dry area away from sparks and open flames. Follow all precautions as outlined in manufacturer's Material Safety Data Sheets. F. Materials, having been determined by the owner/owner's representative to be damaged or corroded, shall be immediately removed from the construction site and replaced at no cost to the owner. 3.06 JOB CONDITIONS A. Safety 1. Take all necessary precautions regarding worker health and safety. 2. Contractor shall be responsible for all Maintenance of Traffic, plating of open trenches and securing site to maintain safety for all pedestrian and vehicular traffic. 3. Take necessary precautions when using solvents and adhesives near fresh air intakes. 4. Comply with all OSHA requirements for construction. 5. Daily site cleanup shall be performed to minimize debris and hazardous congestion. 3.07 COORDINATION A. Prior to commencement of work, a pre -construction conference will be held with the contractor, MCSO Jail staff and owner/owner's representative(s) to discuss the project, its proper application and the expectations of all parties involved including any security measures. The owner/owner's representative shall notify all parties a minimum of ten days prior to the meeting. B. Plan and coordinate piping installation in such a manner to safely maintain pedestrian and vehicular traffic to and from the Jail, MCSO Administration Building and COTTS. PRODUCTS 3.08 GENERAL A. All storage tank system equipment shall be approved by the Florida Department of Environmental Protection 1. PIPING a. Fiberglass reinforced plastic piping or other non-metallic piping installed, shall be listed with UL 971, UL 567, certified by a Nationally Recognized Laboratory that these standards are met, or approved in accordance with subparagraph 62- 761.500(8)(b)3 F.A.C. Fuel Piping Replacement - MCDC Page 5 b. Coated steel piping shall be constructed in accordance with ASME B31.4 c. Integral piping constructed of other materials or design shall be approved by the Department of Environmental Protection in accordance with subsection 62- 761.850(2), F.A.C. 2. PAINT/COATINGS a. Subject to compliance with the specified requirements, provide products by one of the following manufacturers: 1. Benjamin Moore & Co., 2. Duron, Inc., 3. PPG Architectural Finishes, Inc., 4. (Basis of Design) Sherwin-Williams Company b. Exterior Ferrous -Metal Primer: Factory -formulated rust -inhibitive metal primer for exterior application. Sherwin-Williams; Pro-Cryl Universal Primer (1366-310 Series): Applied at a dry film thickness of not less than 2.0 mils per coat c. Exterior Full -Gloss Acrylic Enamel for Ferrous and Other Metals: Factory - formulated full -gloss waterborne acrylic -latex enamel for exterior application. Sherwin-Williams; DTM Acrylic Coating (1366-100 Series -Gloss); Applied at a dry film thickness of not less than 2.5 mils per coat. 3.09 GUARANTEE A. All work performed by the Contractor in completing the subject project shall be guaranteed by the Contractor against all defects resulting from the use of materials, equipment and workmanship for a period of one year from the date of Final Completion of the project. B. If, within any guarantee period, repairs or changes are required in connection with the guarantee work, which in the opinion of the Owner is rendered necessary as a result of the use of materials, equipment or workmanship which are defective or inferior or not in accordance with the terms of the Contract, the Contractor shall, promptly upon receipt of notice from the Owner and without expense to the Owner, proceed to Place in satisfactory condition in every particular all of such guaranteed work, correct all defects therein; and Make good all damages to the structure or site or equipment or contents thereof, which, in the opinion of the Owner, is the result of the use of materials, equipment or workmanship which are inferior, defective or not in accordance with the terms of the Contract; and Fuel Piping Replacement - MCDC Page 6 Make good any work or materials or the equipment and contents of structures or site disturbed in fulfilling any such guarantee. If the Contractor, after receipt of any such written notice, fails within seventy-two (72) hours to commence at the job site with performance of the work necessary to remedy all defects in the work described in such notice so as to provide the Owner with the subject project completed in accordance with all requirements of the Contract Documents, or fails to complete the performance of such remedial work with a reasonable time after commencing same, the Owner shall be entitled to have such defective work remedied on the account of the Contractor, in which event, the Contractor shall be fully liable for all costs and expenses reasonably incurred by the Owner in having such defective work remedied. 4. THE CONTRACT AMOUNT A. The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract per Paragraph 4.13 of which follows, the Contract sum of Forty Nine Thousand Seven Hundred Ninety-two /100 Dollars ($49,792.00). B. This paragraph specifies administrative and procedural requirements necessary to prepare and process Applications for Payment. Bar -Chart Schedule: Prepare a fully developed, horizontal bar -chart -type, contractor's construction schedule. Submit to Owner for approval within ten days after the date of Notice to Proceed. a. Provide a separate time bar for each significant administrative and construction activity. Provide a continuous vertical line to identify the first working day of each week. b. The time line between the Notice to Proceed and substantial completion is not to exceed one hundred and twenty days unless approved by the Owner. 2. Application for Payment: Partial progress payments may be issued to the Contractor with the Owner's approval and with submission of properly executed invoice and partial release of liens. Ten percent retainage will be withheld on all progress payments. When the final work is accepted by the owner, the contractor shall invoice the County for full and final payment. a. The owner may decline to make payment, may withhold funds, and if necessary, may demand the return of some or all of the amounts previously paid to the contractor, to protect the owner from loss because of 1. defective work not remedied by the contractor nor, in the opinion of the owner, likely to be remedied by the contractor; Fuel Piping Replacement - MCDC Page 7 2. claims of third parties against the owner or the owner's property; 3. failure by the contractor to pay subcontractors or others in a prompt and proper fashion; 4. evidence that the balance of the work cannot be completed in accordance with the contract for the unpaid balance of the contract price; 5. persistent failure to carry out the work in accordance with the contract; 6. damage to the owner or a third party to whom the owner is, or may be, liable. In the event that the owner makes written demand upon the contractor for amounts previously paid by the owner as contemplated in this subparagraph, the contractor shall promptly comply with such demand. b. When all of the work is finally complete and the contractor is ready for a final inspection, it shall notify the owner thereof in writing. Thereupon, the owner will make final inspection of the work and, if work and all submissions are complete, in full accordance with this contract and this contract has been fully performed, the owner will promptly issue a final certificate for payment certifying that the project is complete and the contractor is entitled to the remainder of the unpaid contract price, less any amount withheld pursuant to this contract. Guarantees required by the contract shall commence on the date of final completion of the work. If the owner is unable to issue its final certificate for payment and is required to repeat its final inspection of the work, the contractor shall bear the cost of such repeat final inspection(s), which cost may be deducted by the owner from the contractor's final payment. c. The contractor shall not be entitled to payment unless and until it submits to the owner invoices with supporting documentation acceptable to the Clerk of Court of which may include partial and final releases and waivers of lien; releases and waivers of lien from all subcontractors of the contractor and of any and all parties required by the owner. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. The County designates the Clerk of Courts as its agent under the Local Government Prompt Payment Act, Florida Statues Section 218.735 3. Acceptance of final payment by the contractor shall constitute a waiver of all claims against the owner by the contractor except for those claims previously made in writing against the owner by the contractor, pending at the time of final Fuel Piping Replacement - MCDC Page 8 payment, and identified in writing by the contractor as unsettled at the time of its request for final payment. C. Final payment, constituting the entire unpaid balance of the Contract Amount, shall be made by the Owner to the Contractor when the Contract has been fully performed by the Contractor. 5. WARRANTY A. The contractor warrants to the owner that all labor furnished to progress the work under this contract will be competent to perform the tasks undertaken, that the product of such labor will yield only first-class results, that materials and equipment furnished will be of good quality and new unless otherwise permitted by the contract, and that the work will be of good quality, free from faults and defects and in strict conformance with the contract and warrant same for a period of one year commencing at final completion. This one-year warranty is inclusive of all labor, transportation, equipment and material cost with no cost to the owner. All work not conforming to these requirements may be considered defective. 6. CHANGES IN THE WORK A. Changes in the work within the general scope of this contract, consisting of additions, deletions, revisions, or any combination thereof, may be ordered without invalidating this agreement, by change order or by field order. B. Change order shall mean a written order to the contractor executed by the owner, issued after execution of this agreement, authorizing and directing a change in the work or an adjustment in the contract price or the contract time, or any combination thereof. The contract price and the contract time may be changed only by change order. C. Any change in the contract price resulting from a change order shall be determined as follows: (a) by mutual agreement between the owner and the contractor as evidenced by (1) the change in the contract price being set forth in the change order, (2) such change in the contract price, together with any conditions or requirements related thereof, being initialed by both parties and (3) the contractor's execution of the change order, or (b) if no mutual agreement occurs between the owner and the contractor, then the change in the contract price, if any, shall then be determined by the owner on the basis of the reasonable expenditures or savings of those performing, deleting or revising the work attributable to the change, including, in the case of an increase or decrease in the contract price, an allowance for direct job site overhead of 5%, and profit 5% will be utilized. D. The execution of a change order by the contractor shall constitute conclusive evidence of the contractor's agreement to the ordered changes in the work, this agreement as thus amended, the contract price and the contract time. The contractor, by executing Fuel Piping Replacement - MCDC Page 9 the change order, waives and forever releases any claim against the owner for additional time or compensation for matters relating to or arising out of or resulting from the work included within or affected by the executed change order. 7. CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. This Agreement and the provision of the services at the location listed have been fully considered by the Contractor, who understands the same and agrees to their sufficiency and suitability. Under no circumstances, conditions, or situations shall this Contract be more strongly construed against the County than against the Contractor. B. The passing, approval, and/or acceptance by the County of any of the services furnished by the Contractor shall not operate as a waiver by the County of strict compliance with the terms of this Contract, and specifications covering the services. Failure on the part of the Contractor, immediately after Notice to Correct shall entitle the County, if it sees fit, to correct the same and recover the reasonable cost of such replacement and/or repair from the Contractor, who shall in any event be jointly and severally liable to the County for all damage, loss, and expense caused to the County by reason of the Contractor's breach of this Contract and/or his failure to comply strictly and in all things with this Contract and with the specifications. 8. INDEMNIFICATION/HOLD HARMLESS Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, sub- contractors or other invitees during the term of this Contract, (B) the negligence or willful misconduct of Contractor or any of its employees, agents, sub -contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Contract, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than CONTRACTOR). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Contract, this section will survive the expiration of the term of this Contract or any earlier termination of this Contract. In the event that the service is delayed or suspended because of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses or lost revenue resulting from such delay. Fuel Piping Replacement - MCDC Page 10 The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. The provisions of this section shall survive the expiration or earlier termination of this agreement. 9. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement the Contractor is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the Contractor or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 10. ASSURANCE AGAINST DISCRIMINATION The Contractor shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 11. ASSIGNMENT/SUBCONTRACT The Contractor shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the board in addition to the total agreed -upon price of the services/goods of the Contractor and compensation to County. 12. COMPLIANCE WITH LAW In providing all services/goods pursuant to this agreement, the Contractor shall abide by all statutes, ordinances, rules and regulation pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the Contractor. The Contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this contract. Fuel Piping Replacement - MCDC Page 11 13. INSURANCE Prior to execution of this agreement, and maintained throughout the life of the contract, the Contractor shall furnish to the County Certificates of Insurance indicating the minimum coverage limitation as listed below: A. General Liability — include as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be $1,000,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $500,000 per person; $1,000,000 per Occurrence; and $500,000 Property Damage. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made Policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the final acceptance of work by the County. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED ON ALL POLICIES ISSUED TO SATISFY THE ABOVE REQUIREMENTS. B. Vehicle Liability — include as a minimum: • Owned, Non -Owned, and Hired Vehicles The minimum limits acceptable shall be $1,000,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $500,000 per Person; $1,000,000 per Occurrence; and $100,000 Property Damage. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED ON ALL POLICIES ISSUED TO SATISFY THE ABOVE REQUIREMENTS. C. Pollution Liability: The minimum limits of liability shall be $1,000,000 per Occurrence/$2,000,000 Aggregate Fuel Piping Replacement - MCDC Page 12 If coverage is provided on a claims made basis, an extended claims reporting period of four (4) years will be required. D. Workers Compensation — limits sufficient to respond to Florida Statute 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $500,000 Bodily Injury by Disease, each employee Coverage shall be provided by a company or companies authorized to transact business in the State of Florida and the company or companies must maintain a minimum rating of A -VI, as assigned by the A.M. Best Company. If the Contractor has been approved by Florida's Department of Labor, as an authorized self -insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. 14. CONTRACTOR'S RESPONSIBILITY The Contractor warrants that it is authorized by law to engage in the performance of the activities encompassed herein, subject to the terms and conditions set forth in these contract documents. Contractor shall at all times exercise independent judgment and shall assume responsibility for the services to be provided. 15. NOTICE REQUIREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY Director, Middle Keys Operations Monroe County Facilities Maintenance 5501 College Road Key West, Florida 33040 Fuel Piping Replacement - MCDC Page 13 AND Monroe County Administrator 1100 Simonton Street Key West, FL 33040 FOR CONTRACTOR OR REPRESENTATIVE AT JOBSITE FOREMAN Tony Richardson 3626 Phoenix Avenue Jacksonville, FL 32206 Notice shall be deemed received when hand delivered, delivered by mail, or when deemed undeliverable by the U.S. Postal Service. 16. CANCELLATION A) In the event that the Contractor shall be found to be negligent in any aspect of installation, stocking, maintenance, repair, or service, the County shall have the right to terminate this agreement after five days written notification to the Contractor. B) This contract may be terminated for convenience by County upon ten (10) days written notice to contractor delivered by hand or certified mail, return receipt requested, of intent to terminate and the date on which such termination becomes effective. Contractor shall cease work as directed. In such case, Contractor shall be paid for all work executed and termination expenses, and expenses incurred prior to termination. No payment shall be made for profit for work, which has not been performed. 17. GOVERNING LAWS, VENUE, INTERPRETATION, COSTS, FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of the agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. This Agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. Fuel Piping Replacement - MCDC Page 14 18. RECORDKEEPING Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor or not paid to County pursuant to this Agreement were spent for purposes not authorized by this Agreement or wrongfully retained by Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were to have been paid. 19. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 20. ATTORNEY'S FEES AND COSTS The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, court costs, investigative, and out-of-pocket expenses in appellate proceedings. 21. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. 22. AUTHORITY Fuel Piping Replacement - MCDC Page 15 Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate or individual action, as required by law. 23. CLAIMS FOR FEDERAL OR STATE AID Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant Bids, and funding solicitations shall be approved by each party prior to submission. 24. ADJUDICATION OF DISPUTES OR DISAGREEMENTS County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of Paragraph 16 concerning cancellation. 25. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 26. NONDISCRIMINATION County and Contractor agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Fuel Piping Replacement - MCDC Page 16 Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616) as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.) as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 NoteO, as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the basis of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age. 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 27. COVENANT OF NO INTEREST County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 28. CODE OF ETHICS County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statues, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 29. NO SOLICITATION/PAYMENT The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, 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 it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Fuel Piping Replacement - MCDC Page 17 Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 30. PUBLIC ACCESS The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statues, and made or received by the County and Contractor in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Contractor. 31. NON -WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statues, the participation of the County and the Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 32. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers agents or employees of any of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers agents, volunteers, or employees outside the territorial limits of the County. 33. LEGAL OBLIGATIONS AND RESPONSIBILITIES Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. Fuel Piping Replacement - MCDC Page 18 34. NON -RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of the Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 35. ATTESTATIONS Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. 36. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 37. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument any of the parties hereto may execute this Agreement by signing any such counterpart. 38. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. Fuel Piping Replacement - MCDC Page 19 39. CONTINGENCY STATEMENT Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Monroe County Board of County Commissioners. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first written above in four (4) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract. a L (SEAL). Attest: DAN 48 By: ' D L. KOLHAGE, CLERK Clerk Date: a" 2011 (SEAL) Attest: By: WITNESA Title: - - 6�U-AP`,�11 By: JL- )qC WI SS Title: Fuel Piping Replacement - MCDC Page 20 BOARD OF COUNTY COMMISSIONERS OF MONROE CO TY, FLORIDA By: ay hairman , CONTRACTOR Title: 2cr'A-Su H—IUQ—� I c- Date: rn N � _ —v - -- C - O C) LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO.010-1990 MONROE COUNTY, FLORIDA - ETHICS CLAUSE " Lamar W. Scott (Company Officer/Partner/Individual) " warrants that heht has not employed, retained or otherwise had act on hisfits behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". (Signature) Date: April 4. 2011 STATE OF: Fl on da COUNTY OF: Duval Subscribed and swom to (or affirmed) before me on April 4 - 2011 (date) by _ Lamar W. Scott (name of affiant). He/She is personally known to me or has produced _ (PQ as identification. (type of identification) KIMBERLY D MCCOY NOTARY PUBLIC -SMITE' *tOR+DA �S90$ tG21 EXPIRES 8/1 BONOE0TMRU�,ag✓?_;•u'�ty- 17 Fuel Piping Replacement - MCDC NON -COLLUSION AFFIDAVIT 1, Lamar W. Scott of the city of Jacksonville, FL according to law on my oath, and under penalty of perjury, depose and say that: 1. I am Secretary / Treasurer of the firm of MECO of North Florida, Inc. making the Bid for the services/work/project described in the Request for Bids for. Monroe County - Fuel Piping Replacement and that I executed the said Bid with full authority to do so: 2. The prices in this bid/Bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor. 3. Unless otherwise required by law, the prices and percentage of return which have been quoted in this bid/Bid have not been knowingly disclosed by the responder and will not knowingly be disclosed by the responder prior to bid/Bid opening, directly or indirectly, to any other bidder/responder or to any competitor. 4. No attempt has been made or will be made by the bidder/responder to induce any other person, partnership or corporation to submit, or not to submit, a bid/Bid for the purpose of restricting competition. 5. The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for the project/services/work. re�� kApril 4, 2011 (Signature of Bidder) (Date) STATE OF: Fl on da COUNTY OF: Duval PERSONALLY APPEARED BEFORE ME, the undersigned authority, Lamar W. Scott who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this 4th day of April 20 11 . KtMLt',:[` p IIAcCOY U1 NOTARY PUBLIC r "-OF FLORIDA NOTARY PUBLIC COMMISSIOP` 'r-83021 EXPIRE BONDED THRUt-Wibr....ttRYI $ My Commission Expires: 18 Fuel Piping Replacement - MCDC DRUG -FREE WORKPLACE FORM The undersigned Contractor/bidder/responder in accordance With Florida Statute 287.087 hereby certifies that: NECO of North Florida, Inc. (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specked in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a- good faith effort to continue to maintain a drug free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. �Lr/. rit0� , �/CJ: Bidder's Signature April 4, 2011 Date KIMBERLY D, MCCOY NOTARY PUBLIC -STATE OF FLORIDA NOTARY PUB IC COMMISSIONEXPIRES8#1912011 �8�21 1ja BONOEDTHRu t-8WNOTARYI My Commission Expires:Lv l 19 Fuel Piping Replacement - MCDC ,4co CERTIFICATE OF LIABILITY INSURANCE DATE DYY1 5/20/2011 FmPPOB RODUCER (770) 447-6547 FAX: (770) 447-8353 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION etro Commercial Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2647 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Norcross GA 30091 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA:Mid Continent Meco of North Florida, Inc. INSURER B:National Trust Insurance Co. Axis Insurance Company-- P O BOX 3871 INSURER C: INSURER D: Jacksonville FL 32206 INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - _---- _-- -- - - - -- - POLICY EFFECTIVE POLICY EXPIRATION INSRADD'L LTR INSIPID TYPE OF INSURANCE POLICY NUMBER LIMITS GENERAL LIABILITY .. EACH OCCURRENCE.-_ - $__ 1,000,000 }[ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED I PREMISES (Ea occurrence) $ 50,000 _ A CLAIMS MADE X 'OCCUR - - 04GL794311 6/30/2010 6/30/2011 MEDEXP(Anyoneperson) $ _ - 1 _ 0 PERSONAL & ADV INJURY 1 $ _ _ _ 1 L000, 000 X 1 Pollution GENERAL AGGREGATE_ $- 2, 000, 000_ I PRODUCTS - COMP/OPAGG $_ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO 'jECT LOC _AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X ANY AUTO 1 B ALL OWNED AUTOS ICA0001716 9 6/30/2010 6/30/2011 BODILY INJURY $ (Per person) SCHEDULED AUTOS ` --_ HIRED AUTOS BODILY INJURY -, $ ,I NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) LIABILITY AUTO ONLY - EA ACCIDENT.I $. _GARAGE ANY AUTO ( _ C-1 EA ACC OTHER THAN _$_ -- - -- ---- 1 1 AUTO ONLY: AGG $ EXCESS / UMBRELLA LIABILITY '�' EACH OCCURRENCE 2 OOO, OOO_ X ! OCCUR CLAIMS MADE AGGREGATE $ 2,000,000 $ C _ DEDUCTIBLE 'XAU718545012010 6/30/2010 6/30/2011 __-- , $ X 1, RETENTION $ 10, 000 $ B WORKERS COMPENSATION X WC STATU- 01-B TORY LIMITS X_ F�E Y ANDEMPLOYERS'LI Y/ N I,, ANY PROPRIETOR/PARTNER/EXECUTIVE _ E L EACH ACCIDENT $- - - 11000,000 OFFICER/MEMBER EXCLUDED? ❑ (Mandatory In NH) 026WC07A56600 6/30/2010 6/30/2011 �E.L.DISEASE EA EMPLOYE $- - 1�000,000 If yes, describe under 1 SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT ''. $ 1,000,000 A OTHER Bailee/Cargo 04I1439141 6/30/2010 6/30/2011 Limite $100,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Certificate Holder is named as Additional Insured on the above General Liability policy & Vehicle Liability policy if required by written "Insured Contract" GLK I IFIGA 1 t HULUtFf L.i MIME -m r rwrll SHOULD ANY OFTHEABOVE DESCRIBED POLICIES BECANCELLED BEFORE THE EXPIRATION Monroe County Board of County Commissione DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 1100 Simonton Street NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Room 1-213 Key West, FL 33040 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ( l Richard Johnson/MS ' x 9- ACORD 25 (2009/01) U 19SS-ZUU9 AGUFIU GUKt'UKAI IVN. AH rlgrlms reserves. INS025 (200901) The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endamement(a). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. rm-wnw w J'"Mmu,I INS025 rAosm)