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08/21/2013 AgreementAMY HEAVILIN, CPA CLERK OF CIRCUIT COURT &COMPTROLLER AgNROE COUNTY, FLORA DATE: September 13, 2013 TO: Bob Stone, Director Middle Keys Operation & Corrections ATTN: Gina Carmona Corrections Cc FROM: Vitia Fernandez, D. At the August 21, 2013, Board of County Commissioner's meeting the Board granted approval of Item B4 Monroe County Board of County Commissioners to award bid and execute contract, to Bob Hilson & Company, Inc. for the "Roofing Improvements — Marathon Detention Center" project. Enclosed is an original of the above -mentioned for your handling. Should you have any questions, please feel free to contact our office. cc: County Attorney Finance File ✓ 500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305-295-3130 Fax: 305-295-3663 3117 Overseas Highway, Marathon, FL 33050 Phone: 305-289-6027 Fax: 305-289-6025 88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852-7145 Fax: 305-852-7146 AGREEMENT ROOFING IMPROVEMENTS — MARATHON DETENTION CENTER CONTRACT MONROE COUNTY BOB HILSON & COMPANY, INC THIS AGREEMENT, made and entered into this 21ST day of August, 2013 by and between the MONROE COUNTY, a political subdivision of the State of Florida hereinafter called "County", whose address is 1100 Simonton Street, Key West, Florida 33040 and Bob Hilson & Company, Inc., a Florida corporation, hereinafter called "Contractor", whose address is 522 W. Mowry Drive, Homestead, FL 33030. WHEREAS, the County is in need of roof repairs at its Marathon Detention Center facility located at 3981 Ocean Terrace, Marathon, Florida 33050; and WHEREAS, the Contractor is licensed, qualified, properly equipped and is in the business of performing roof repairs; 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. 3. SCOPE OF THE WORK — Roof Improvements — Marathon Detention Center, 3981 Ocean Terrace, Marathon, Florida 33050. 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: Roofing Improvements — Marathon Detention Center 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, etc. as required per Paragraph 3.A to prepare the existing roof system into a smooth workable surface and install a complete new roofing system per manufacturer's specifications and as specified in this section. Fabricate and install all new flashing details, expansion joints, metal flashings and edgings to match new profiles and as further specified in the section. Existing roof comprises a modified built up roof system over approximately 7,500 square feet of a 3- inch metal deck with three inches of iso board, one inch of fiber and the remainder being a tapered pearlite insulation creating a variable depth of six to thirteen inches. 3.02 QUALITY ASSURANCE A. Contractors key supervisory personal shall have not less than three years of experience in the installation of the FiberTite Roof System and be present at all times during roof installation. B. FiberTite Roofing System shall be installed in accordance with current specifications and details as amended and/or authorized by FiberTite Technical Customer Services. C. There shall be no deviations from approved specifications or shop drawings without prior written approval by the owner and FiberTite Technical Customer Services. D. Upon completion and certification by the contractor that a quality installation has been completed in accordance with the approved specifications, a quality assurance inspection of the roof system shall be performed by FiberTite Technical Customer Services for acceptance and approval of appropriate warranty. E. It will be the responsibility of the roofing contractor to initiate a Quality Control Program to govern all aspects of the installation of the new Roofing System. 3.03 PERFORMANCE A. Comply with the Florida Building Code 2007, Exposure C, and 150 mph.. 1. Including the latest Amendments and Supplements. B. Comply with American Society of Civil Engineers, ASCE 7-05, including Chapter 6. C. Coordinate and submit all documentation required and approved by the Local Authority Having Jurisdiction as necessary for all required permitting. Roofing Improvements — Marathon Detention Center 3.04 WARRANTY A. Furnish the Owner with a Twenty (20) Year No Dollar Limit Warranty with a 100 mph Wind Rider covering all cost of labor, material and transportation to repair leaks as a result of either defects in the roofing system or the workmanship involved in its installation. B. Provide contractor's warranty covering leaks caused by material defects and or installation workmanship for a period of two years. 3.05 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. Manufacturer approved list of accessories or materials not manufactured or expressly authorized for use by Seaman Corp. B. Manufacturer approved dimensioned shop drawings of details not found in the Fiber- Tite Roofing Systems Construction Details booklet and other information that may affect the suitability and installation of the roofing system. C. Show compliance with the requirements of 3.02 Quality Assurance D. Engineers Certification of compliance with 3.03 Performance E. Dimensioned shop drawings, including roof plan detailing perimeter enhancement, flashing methods, terminations and acceptance by FiberTite Technical Customer Services. F. Submit a letter from Manufacturer attesting that the roofing contractor is an authorized roofing contractor of the prescribed roofing material in good standing. G. If pre -finished metal is called for, submit a color chart for the pre -finished metal in order for a color selection to be made. H. Submit an assembly letter and/or an approved Pre -Installation Notice / Request for Warranty from the membrane roof system manufacturer certifying compliance with the system requirements described in the Quality Assurance section of this specification. I. Sample of Seaman Corp. Warranty. Manufacturer approved shop drawing of drip edge detail. At a minimum, existing drip edge is to be faced fastened through fascia into existing 2" x 2" x 3/16" continuous steel angle, thereby utilizing the existing drip edge as a cleat for the new drip edge. Roofing Improvements — Marathon Detention Center 4 3.06 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 newly applied roofing and conforming to manufacturer's recommendations of handling and storage. C. All rolls of membrane shall be stored, lying down, elevated above the roof deck and completely protected from moisture with tarpaulins. (The polyethylene wrappers on the rolls do not provide adequate moisture protection during roof top storage.) D. Barrier board and insulation shall be stored on pallets, fully protected from moisture with tarpaulins. (Manufacturer's packaging is not considered adequate protection from moisture.) E. Adhesives and sealants shall be safely stored between 50' F and 80°F. F. 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. G. Materials, having been determined by the owner/owner's representative to be damaged, shall be immediately removed from the construction site and replaced at no cost to the owner. 3.07 JOB CONDITIONS A. Safety 1. Take all necessary precautions regarding worker health and safety when using solvents and adhesives. 2. Store flammable liquid and materials away from open sparks, flames and extreme heat. 3. Take necessary precautions when using solvents and adhesives near fresh air intakes. 4. Comply with all OSHA requirements for construction. It is the roofing contractor's responsibility to comply with all state, federal and local codes, guidelines and safety requirements. 5. Daily site cleanup shall be performed to minimize debris and hazardous congestion. B. Protection 1. Schedule installation sequence to limit access and utilization of the newly installed membrane for material storage, construction staging, mechanical and/or excessive foot traffic. 2. Provide proper protection on newly completed roofing. 3. Protect building walls, rooftop units, windows and other components during installation. 4 Roofing Improvements — Marathon Detention Center V 3.08 COORDINATION A. Prior to commencement of work, a pre -roofing conference will be held with the authorized roofing contractor, Seaman representative and owner/owner's representative(s) to discuss the specified roofing system, 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 the installation of the roofing system in a manner that does not impact Jail operations and with other trades to avoid membrane damage, keeping the complete installation weather tight and in accordance with all approved details and warranty requirements. C. Prior to commencement of work, Contractor is to provide the Monroe County Sheriff's Office a copy of driver's licenses and social security numbers for all proposed on -site contractor personnel. Background checks will be conducted. PRODUCTS 3.09 GENERAL A. All products and components for the single ply, roofing system shall be supplied by one manufacturer. B. Components other than those manufactured and / or supplied by approved manufacturer shall be submitted for review, prior to ordering. 1. Any product(s) not specifically authorized in writing for the project by the manufacturer, shall be considered unacceptable. 3.10 MEMBRANE A. FiberTite-XT60 - nominal 60-mil ketone ethylene ester (KEE) membrane, reinforced with a 6.5-oz yd2 knitted polyester fabric as manufactured by Seaman Corporation, under the trade name FiberTite-XT60, conforming to the physical properties as outlined in the associated data sheet. FiberTite-XT60 greatly exceeds all requirements outlined ASTM D 6754 - 02 Standard Specification for Ketone Ethylene Ester (KEE) Sheet Roofing. Membrane color shall be DC196 Off -White PHYSICAL PROPERTIES ASTM D 6754-02Test Method(s) Thickness, mm (in.) ASTM D 751 Thickness over Fiber mm (in) Optical method (inches) Breaking Strength N (Ibf) ASTM D 751 proc. B - strip ASTM D6754 FiberTite-XT60 Min. Reg. TVp. Values 0.79 (0.031) 1.52 (0.060) nom. 0.15 (0.006) 0.38 (> 0.015) 1175 (265) 1779 (400) Roofing Improvements - Marathon Detention Center a Elongation at Break % 15 18 ASTM D 751 - strip Tear Strength N (Ibf) 335 (75) 556 (125) ASTM D 751 proc. B. tongue tear Linear Dimensional Change % 1.3 0.78 ASTM D 1204 max % Fabric Adhesion N/m (Ibf/in) 225 (13) No Peel ASTM D 751 Low Temperature Bend -30 -40 ASTM D 2136 (°F) Retention of Properties after Heat Aging ASTM D 3045 — 1760F1156 days Breaking Strength Strip % Original: 90 90 Elongation at Break Strip % Original: 90 90 Low Temperature Bend after Heat Aging -30 -40 Change in Weight after Exposure in 0.0 +6.0 0.0, +3.7 Water ASTM D 471 158°F, 166h, one side only, max % Factory Seam Strength N (Ibf) 1780 (400) > Fabric Strength ASTM D 751 Grab Method Hydrostatic Resistance Mpa (psi) 3.5(500) 5.9(850) ASTM D 751 Static Puncture Resistance Pass Pass ASTM D 5602 (991bf) Dynamic Puncture Resistance (J) 10 > 30 ASTM D 5635 Accelerated Weathering 5,000 hr. 10,000 hr. Practice G 155/xenon Cracking or Crazing at 7x magnification None None Accelerated Weathering 5,000 hr. 10,000 hr. Practice G 154 / UVA Cracking or Crazing at 7x magnification None None Fungi Resistance: Practice G 21, 28 days Sustained Growth None None Fungi Resistance: Discoloration None None Abrasion Test Cycles 1,500 > 2,000 ASTM D 3389 H-18 wheel 11,000 g load Solar Reflective Index (SRI) n/a 98.54 Color. DC 196 off white 3.11 LAMINATED METAL 6 Roofing Improvements — Marathon Detention Center V A. Metal flashing and edgings shall be FiberClad Coated Metal. 1. 0.040 in. thick 3003H14 Aluminum 2. Color as selected by the Owner 3.12 FASTENING DEVICES A. Fastener and membrane plate shall be as listed on the current manufacturer's fastener list. 1. If required by Authority Having Jurisdiction or membrane Manufacturer, fasteners are to meet the pullout values determined by pullout testing." 2. FiberTite MAGNUM Series; to secure FiberTite to steel, wood and structural concrete decks. A #15-13, buttress threaded, #3 Phillips head fastener constructed of case hardened carbon steel with a reduced diameter drill point and corrosion resistant coating. 3. FTR-MAGNUM Barbed Stress Plates; used to anchor membrane,2.5 inch x 1.5 inch rectangular in dimension with 0.75 inch radial corners, manufactured from 18 gauge AZ-50 galvalume steel with a 0.250 inch diameter hole in its center. The plate has a raised reinforcement area and eight "barbs". B. Insulation fastener and stress plate shall be as listed on the current manufacture's fastener list. 1. Fasteners to meet the pullout values determined by pullout testing. 2. FiberTite HD; to secure insulation to steel, wood and structural concrete decks. A #14-13, heavy duty threaded steel #3 Phillips truss, self -tapping corrosion resistant fastener. 3. FTR-Sand Dollar Insulation Stress Plates; used to secure insulation and/or cover - board to steel, wood and structural concrete decking. Manufactured from high density polyethylene, 3 inch in diameter, designed with a self-locking mechanism to secure the head of the FTR fasteners into the plate. 3.13 SEALANTS, MASTICS AND SOLVENTS A. All adhesives, sealants, mastics and solvents shall be as supplied or approved by manufacture. B. ADHESIVES; application technique and coverage rates will vary according to substrate and environmental conditions. 1. FTR-190e Bonding Adhesive - A VOC compliant solvent borne, contact (two sided) bonding adhesive, designed for bonding non -fleece back FiberTite membranes to properly prepared and pre -authorized horizontal and vertical substrates. C. FTR-101 Sealant, a one -component gun -grade polyurethane sealant to seal flashing termination. Roofing Improvements — Marathon Detention Center D. FTR-SL1 Sealant; a one -component pourable, self -leveling, polyurethane sealant to fill "pitch pans". WALKWAY PADS A. Walk pads shall be as supplied by the manufacture and equal to FiberTite Mellow Yellow Walk -Way Material with a minimum thickness of 5/32". 3.14 WOOD NAILERS A. Wood shall be #2 or better southern yellow pine, kiln dried, wolmanized and conforming to Federal Specification TT-550, TT-W-517 and American Wood Preservers Institute Standard LP-2 1. Creosote or asphalted type preservatives are not acceptable. 3.15 EXPANSION JOINTS A. Per manufacture details or L . A_.. _:._ - - urN1 u V �u s1 iup ui awinys 3.16 TERMINATION BAR A. As supplied by manufacturer. 3.17 COVER BOARD A. Roof cover -board (insulation overlayment) shall be installed, to provide a suitable surface for the membrane roofing system, over the entire area of the roof. B. Cover board shall be a high density flat polyisocya n u rate foam board. C. Minimum acceptable characteristics for polyisocya n u rate insulation: 1. FM approved rigid insulation 2. UL Classification: Class A 3. Density: 4.0 pcf: Minimum 4. ASTM C 1289 Type II, Class 4, a. Compressive Strength: 100 psi Minimum b. Thickness; Y2" D. Approved Cover Board 1. Atlas Roofing Corp, AC -Foam HS Cover Board 2. Hunter Panels, H-Shield HD 3. Johns Manville Invinsa Roof Board EXECUTION 3.18 GENERAL A. The roofing contractor shall be responsible for verifying that the deck condition is suitable for the specified installation of the membrane Roofing System. Roofing Improvements — Marathon Detention Center S V B. Examine and correct surfaces for inadequate anchorage, low areas that will not drain properly, foreign material, unevenness or any other defect that would prevent the proper execution and quality application of the membrane Roofing System as specified. C. In order to gain access to the roof's edge and facilitate installation of new metal, care shall be taken to detach and suspend the existing gutter at the north and eastern portion of the roof that is being utilized for carrying multiple conduits. After edge work is completed and new metal is installed, the existing gutter shall be properly reattached. D. Do not proceed with any part of the application until all defects and preparation work have been corrected and complete. 3.19 SUBSTRATE PREPARATION A. Surfaces scheduled to receive new membrane roofing shall be free of any standing water, dew, loose debris or any other contaminate that could impair the quality of the installation. B. Substrate shall be smooth, clean and free of sharp edges and or projections and obvious depressions that would interfere with the installation of membrane roof system. C. Examine all the areas and conditions where by work in this section is to be installed. Correct any and all conditions detrimental to the proper and timely execution of the work. Do not proceed until such conditions have been corrected to the satisfaction of the owner / owner's representative. D. Remove all loose aggregate and debris by power broom and/or vacuum and legally dispose off site. E. Remove and replace all wet or deteriorated insulation and wood blocking. F. Clean all exposed metal surfaces such as pipes, pipe sleeves, drains, duct work, etc., by removing loose paint, rust and any asphalt or coal tar pitch of any kind. Remove and discard lead sleeves at soil stacks. G. Cut out all blisters in existing roof so that new material installation will lay flat. H. All rotted and/or deteriorated decking shall be removed and replaced with like kind. I. Areas of structurally acceptable steel decking exhibiting slight surface rust shall be properly cleaned, primed and painted prior to installing the approved insulation. J. All decking shall be inspected for proper attachment and excessive deflection that would compromise the uplift performance of the new roofing system. K. Attachment and deflection deficiencies shall be repaired and brought into compliance with current, local building code requirements. L. There is an abandoned satellite dish mounted on the NE portion of the roof of which is ballasted with concrete block. Contactor is to remove the dish and concrete block from the roof and relocate to an Owner designated location on site. M. An abandoned electrical mast is mounted at the western portion of the northern wall that extends above the roof line. Contractor is to remove the abandoned mast and properly patch all penetrations. N. Remove and dispose of two small abandoned roof mounted exhaust fans and any associated dampers or accessories. Secure each resulting metal deck penetration with 26 ga. galvanized sheet metal and eight TEK screws. Fill resulting void with matching insulation to match surrounding elevations prior to coverboard installation. Roofing Improvements — Marathon Detention Center ---V O. Remove and dispose of any steel angles that impedes work at the roof's edge located at the two 10' x 18" Recreation Yards. New steel angles are not required. P. To provide sage access to roof's edge at the two Recreation Yards, temporarily raise and secure existing razor wore. When work is complete, hot air weld a 2' wide strip of walkway pad material at perimeter of Recreation Yards for membrane protection and reinstall razor wire 2" above walkway pad material. Secure razor wire with stainless steel bag ties. Q. Accommodate existing low voltage conduit and wire located at fascia and roof surface. If necessary, remove attachments and properly reattach conduits when roof work is complete. Replace existing 2 x 4 wood supports with DURA-BLOCK, DB Series as manufactured by Cooper B-Line or equal. Utilize appropriate galvanized pipe clamps in securing conduit to new DURA-BLOCK supports. Secure existing telephone cable to conduit run with black wire ties. 3.20 WOOD NAILERS A. As needed, replace treated lumber at the same heights as insulation layer or adjacent construction ± 1/4 in. 3.21 COVERBOARD INSTALLATION A. Roof coverboard shall be installed where by the long dimension of the board(s) run in parallel alignment and the short dimensions are staggered. B. Coverboard shall be installed with minimum joint dimensions and shall be tightly butted where possible. Maximum joint widths shall be 3/8 inch. Damaged corners shall be cut out and replaced with an insulation piece a minimum of 12 inch x 12 inch pieces which are cut from larger panels and are smaller than one square foot are not acceptable. C. Install no more than can be covered during the same working day. D. At the end of each working day, provide a watertight cover on all unused insulation as to avoid moisture penetration. E. All fasteners and stress plates for the mechanical attachment of coverboard materials shall be as provided by Manufacturer. F. All fasteners and stress plates shall be FM approved for mechanical attachment of coverboard and comply with FM Standard 4470 for corrosion resistance. G. Preliminary attachment for coverboards shall be 6 fasteners and stress plates per 4' x 8' insulation board within the field, perimeter and corners of the roof. H. Fasteners shall be installed straight, tight and perpendicular to the decking; complying with minimum penetration requirements of specific deck types. Do not over torque fasteners. I. Fasteners shall be installed using depth sensing tool attachments to ensure proper installation. 3.22 INSTALLATION OF MEMBRANE A. Quality Control 1. It will be the responsibility of the roofing contractor to initiate and maintain a QC program to govern all aspects of the installation of the Membrane Roofing System. 2. The project foreman and or supervisor will be responsible for the daily execution of the QC program which will include but is not limited to the supervision, inspection 10 Roofing Improvements — Marathon Detention Center and probing of all heat welding incorporated within the Membrane Roofing System. 3. If inconsistencies in the quality of the application of the composite, membrane and/or welds are found, all work shall cease until corrective actions are taken to ensure the continuity the installation. B. General 1. Work shall be coordinated to ensure that sequencing of the installation promotes a 100% watertight installation at the end of each day. 2. Restrictions regarding outside ambient air temperature are relative only to the exposure limits of the workers and/or adhesives. 3. When using adhesives outside ambient air temperature shall be above 40°. Curing or drying time of the adhesive will be affected by ambient temperatures and must be taken into consideration when determining flashing lengths. 4. Humidity can affect the drying time of solvent borne adhesives and/or cause condensation to form on the newly applied adhesive. 5. Moisture may not be present on the adhesive prior to mating or application of Membrane Roofing System. 6. New Membrane Roofing Systems shall only be installed over properly prepared and sound substrates, free from excessive surface roughness, dirt, debris and moisture. 3.22.1 MEMBRANE SECUREMENT A. The properly positioned membrane shall be attached using FTR Magnum Fasteners and Magnum Stress Plates installed through the membrane and insulation assembly and engage the structural decking. B. The Magnum stress plates shall be installed straight and parallel to existing structural purlin members. All stress plates must set completely on the membrane allowing a minimum of 1/2 inch from the edge and allow sufficient room to facilitate welding. C. Fastener row spacing and intervals shall be established to resist design pressures, determined in compliance with procedures outlined within the current publication of ASCE Standard 7. Alternative designs may be determined using the criteria within Factory Mutual Research Loss Prevention Data. D. Perimeter zone and corner zone enhancement is required on all mechanically fastened roofing systems. Perimeters and corners are defined as follows: E. Perimeter: 10% of the width of the roof areas or 40% of the height of the roof area, whichever is less to a minimum of 4-ft. Perimeter zones run parallel to all external roof edges including those with parapet walls. F. Corner zones are the square intersection of perimeters. G. Projects having variable roof levels shall treat the outer boundary of each level as a perimeter. Internal expansion joints, firewalls or adjoining building walls greater than 3 feet are not considered perimeter areas. H. Perimeters and corners may be enhanced by: I. Installing "half' rolls of membrane fastened as prescribed by project requirements J. Adding additional rows of fasteners through the top of the membrane system within the perimeter at prescribed intervals area and sealing with a 6 inch strip K. Individual project, insurance and building code requirements can vary substantially. 3.22.2 HOT AIR WELDING A. General Roofing Improvements — Marathon Detention Center 1. All field seams exceeding 10 feet in length shall be welded with an approved automatic welder. 2. All field seams must be clean and dry prior to initiating any field welding. 3. All welding shall be performed only by qualified personnel to ensure the quality and continuity of the weld. B. Hand Welding 1. The lap or seam area of the membrane should be intermittently tack welded to hold the membrane in place. 2. Properly hand welded seams shall utilize a 1-112 inch wide nozzle, to create a homogeneous weld, a nominal 1-1/2 inches in width. C. Automatic Machine Welding 1. Follow all manufacturers' instructions for the safe operation of the automatic welder. 2. Follow local code requirements for electric supply, grounding and surge protection. 3. Properly Automatic Machine welded seams shall utilize a 1-112 inch wide nozzle, to create a homogeneous weld, a nominal 1-1/2 inches in width. 3.22.3 INSPECTION A. The job foreman and/or supervisor shall initiate daily inspections of all completed work which shall include, but is not limited to the probing of all field welding with a dull pointed instrument to assure the quality of the application and ensure that any equipment or operator deficiencies are immediately resolved. B. Ensure that all aspects of the installation (sheet layout, attachment, welding, flashing details, etc.) are in strict accordance with the most current Manufacturer Specifications and Details. C. Excessive patching of field seams because of inexperienced or poor workmanship will not be accepted at time of FINAL INSPECTION FOR WARRANTY ACCEPTANCE. 3.23 FLASHING A. Flash all curbs, penetrations and protrusions in strict accordance with approved Manufacturer's Details and Approved Shop Drawings. B. Install metal flashing in strict accordance with approved Manufacturer's Details or Approved Shop Drawings. C. The base flange of all membrane flashing shall extend out on to the plane of the deck, beyond the wood nailers to a maximum width of 8 inches. D. Vertical flashing shall be terminated no less than 8 inch above the plane of the deck with approved termination bar and counter -flashing or metal cap flashing. E. Complete all inside and outside corner flashing details with Manufacturer pre -formed corners or an approved field fabrication detail. F. Probe all seams with a dull, pointed probe to ensure the weld has created a homogeneous bond. 3.24 PITCH PANS 12 Roofing Improvements — Marathon Detention Center ___V A. Every effort shall be made to eliminate the need for pitch pans. Contact Manufacturer's Technical Service Department for specific design recommendations. B. In the event of no alternative, fabricate pitch pans from polymer coated metal and install pitch pans in strict accordance with Manufacturer's Details, insuring proper attachment, maintaining a minimum 2" clearance around the penetration, with proper depth of sealant. 3.25 SEALANT A. Apply approved sealant to all surface mounted reglets and where called for in approved Details. Apply a bead of sealant large enough to fill the void entirely. Tool the sealant to shed water, following Manufacturer's installation guides. 3.26 TEMPORARY SEALS A. At the end of each working day or at the sign of rain, install temporary watertight seal where the exposed edge of the completed new roofing terminates at the uncovered existing roof surface. B. Prior to the commencement of work, remove all temporary seals if they will cause a water dam and any exposed roof cement, if used. Do not track roof cement onto the finished roof. C. If water is allowed to enter beneath the newly completed roofing, the affected area(s) shall be removed and replaced at no additional expense to the building owner. 3.27 WALKWAY PADS A. Walk pads will be installed by hot air welding the walkway mat directly to the single ply membrane. Install walk pads at areas of roof access points and at the entire perimeter of all powered or serviceable curb mounted rooftop equipment. 3.28 CLEAN-UP A. Daily, remove all debris and excess material from the roof area. Pick up all loose fasteners and sheet metal scraps from site. B. Clean the roof surface of mastic, dirt and debris for warranty inspection. C. Protect all roof surfaces subject to damage from other trades. D. At the end of each workday, the Contractor shall police the grounds at the perimeter of the facility to remove all debris and sweep the area with a magnet to remove any fasteners or metal objects that may have come from the roof. 3.29 WARRANTY INSPECTIONS A. Interim and Final inspection shall be performed by Manufacturer's Technical and Owner's Representative for approval and acceptance of installation. a] Roofing Improvements — Marathon Detention Center Contractor shall request interim and final inspections with sufficient notice prior to the requested date of inspection. 2. Upon completion of the project, the authorized roofing contractor shall complete and submit the Manufacturer Project Completion Notice. 3. Upon receipt of the notice of completion, a Technical Representative of the Manufacturer shall schedule an inspection with a representative of the authorized roofing contractor to thoroughly review the installation and verify compliance with Manufacturer specifications. 4. Any corrections or modifications necessary for compliance with the specifications and acceptance for warranty (punch list) will be noted on the Final Inspection for Warranty Form. 5. Upon completion of all punch list items and final acceptance of the installation, a warranty as authorized by the Manufacturer will be issued. 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 Seventy Five Thousand Eight Hundred Ninety Dollars / 100 ($75,890.00). 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; 14 Roofing Improvements — Marathon Detention Center '" Y 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. 3. 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. 4. 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 5. 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 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. 15 Roofing Improvements — Marathon Detention Center 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 two years commencing at final completion. This two-year warranty is inclusive of all labor, transportation, equipment and material cost with no cost to the owner and is inclusive with the twenty-year manufacturer's warranty noted in Paragraph 3.04.A above. 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 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. 16 Roofing Improvements — Marathon Detention Center 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. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Failure of CONTRACTOR to comply with the requirements of this section shall be cause for immediate termination of this agreement. 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. 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. 17 Roofing Improvements — Marathon Detention Center a 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 and Contractor, 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. 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 $500,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $500,000 per person; $500,000 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 IS Roofing Improvements — Marathon Detention Center reported should extend for a minimum of 48 months following the termination or expiration of the contract. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED. B. Vehicle Liability — include as a minimum: • Owned, Non -Owned, and Hired Vehicles The minimum limits acceptable shall be $300,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person; $300,000 per Occurrence; and $50,000 Property Damage. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED. C. 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 19 Roofing Improvements — Marathon Detention Center 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 10600 Aviation Blvd. Marathon, FL 33050 FAl10 ED Monroe County Administrator 1100 Simonton Street Key West, FL 33040 FOR CONTRACTOR OR REPRESENTATIVE AT JOBSITE FOREMAN Marius Cronje 522 W. Mowry Drive Homestead, FL 33030 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. 20 Roofing Improvements — Marathon Detention Center 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. 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 parry, 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 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 2] Roofing Improvements — Marathon Detention Center 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 Contractor agrees 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 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 Vill 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 22 Roofing Improvements — Marathon Detention Center 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 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 23 Roofing Improvements — Marathon Detention Center 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. 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 regarded as an original, all of which instrument any of the parties hereto counterpart. any number of counterparts, each of which shall be taken together shall constitute one and the same may execute this Agreement by signing any such Roofing Improvements — Marathon Detention Center ,_J 24 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. 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 k4aer counterparts, be deemed an original contract. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ayor/Chairman c--� (SEAL) CONTRACTOR Attest: By: ABy: WITNESS � Title: (�OK �CC�D Title: r BY - Date:712-31 ., WITNESS Title: kh141W % /ia Pc � Wks a f(l -- 25 Roofing Improvements — Marathon Detention Center ETHICS CLAUSE LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO.010-1990 MONROE COUNTY, FLORIDA TiO�%©I� (Company Officer/Partner/Individual) warrants that he/it has not employed, retained or otherwise had act on his/its 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: O7 1 of �d 3 STATE OF COUNTY OF: �Q, ')a f� Subscribed and sworn to (or affirmed) before me on (date) by / ry %�e (name of affiant). He/She s personally known to me or has produced as identification. (type of identification) �S�Y'4B�n * * MY COMMISSION # C9 9K,. EXPIRES: May 31, '��aF�d�`OF 9orMedTMuBuggµNo?,i , 24 Marathon Detention Center Y NON -COLLUSION AFFIDAVIT i, L 1 � o r 7o r C IC of the city of..- I� OTO C S �eC4 Ft - according to law on my oath, and under penalty of perjury, depose and say that: 1. l am �Ti b c -To�' It of the firm of _ � 1+1 t sc Y a) 00 making the Bid for the services/work/project describedinthe Request for Bids for: l )O"vcl ISMov) 'JL C"� WY1 C� 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 corytracts for the project/services/work. o� (Si nature of Bidder) v (Date) STATE OF: . COUNTY PERSONALLY APPEARED BEFORE ME, the undersigned authority, _Tho%r who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this 16 L day of JLI /u 20 E �, 2pS► ;VBlic ��vJW�Rp�f�' O. WA a YEXPIRES: May 31, 2114 DanAed Thu BudpM Nd" Sok" My Commission Expires: 149_L131, oK/l'_3 25 Marathon Detention Center DRUG -FREE WORKPLACE FORM The undersigned Contractor/bidder/responder hereby certifies that: 6, in accordance with Florida Statute 287.087 a)Co (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 specified 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. Bidder's Signature Date * MY COMMISSION 160 9"1 * EXPIRES: May 31, 2114 �7tOF2V EOMW Tt" 0W0N1* SV_''" My Commission Expires: ( �1 26 Marathon Detention Center ACORO0 � CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 7/23/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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 endomement(s). PRODUCER Frank H. Furman, Inc. 1314 East Atlantic Blvd. P . 0. BOX 1927 Pompano Beach FL 33061 CONTACT NAME: PHONE FA $00-344-4838 aC No: (954)943-5417 ADDE-MAIRL INSURE S AFFORDING COVERAGE NAIC # INSURERA:Flrst Mercury Insurance Co 10657 INSURED Bob Hilson & Company, Inc. 522 W Mowry Drive Homestead FL 33030 INSURER B :Continental Insurance Company 5289 INSURER C : INSURER D : INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRLTR LTR TYPE OF INSURANCE ADDLSUBR POLICY NUMBER MMIDDY� MM UD/YYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Fx_] OCCUR NJCGL000000040802 0/1/2012 0/1/2013 EACH OCCURRENCE $ 1,000,000 PREMISES Ea occurrence $ 50,000 MED EXP (Anyone person) $ Exclude PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE Ix LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOSAUTOS NON -OWNED HIRED AUTOS N AUTOS 069003905 /15/2013 /15/2014 COMBINE Ea accident IN LE LIMIT 1 000 000 BODILY INJURY (Per person) $ BODILY INJURY (Peraccident) $ PROPERTY DAMAGE Per accdent $ Personal In Protection $ 10,000 UMBRELLA LIAB EXCESS LIAB CLAIMS -MADE 0 EACH OCCURRENCE $ HOCCUR AGGREGATE $ DIED I I RETENTION $ $ WORKERS COMPENSATION ANDEMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory in NH) It yes, describe under DESCRIPTION OF OPERATIONS below N / A AP BY DA WAI �^ WC STATU- OTH- TORY LIMITS E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Monroe County Board Of County Commissioners is Additional Insured for General Liability 6 Additional Insured for Auto Liability. CERTIFICATE HOLDER CANCELLATION Stone-Bob@MonroeCounty-FL . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Board Of County Commissioners AUTHORIZED REPRESENTATIVE 10600 Aviation Blvd Marathon, FL 33050 Dirk DeJong/JC ACORD 25 (2010/05) INSn251?rrinnFt m ©1988-2010 ACORD CORPORATION. All rights reserved. Thn fir l"ID11 nomra =nri Inn^ nrra rraniclrarrarf mnrlrc ^f Ar nDn Issue Date: 7/22/2013 FLORIDA ROOFING, SHEET METAL & AIR CONDITIONING CONTRACTORS ASSOCIATION, INC. =Jd§ RSA 1-800-767-3772 • FAX (407) 671-2520 CERTIFICATE OF INSURANCE ISSUED TO: Monroe County Board of County Commissioners 10600 Aviation Blvd. Marathon, FL 33050 Attention: Bob Hilson & Company, Inc. This is to Certify that: P.O. Box 901543 Homestead, FL 33090 COPY PROVIDED TO: Bob Hilson & Company, Inc. P.O. Box 901543 Homestead, FL 33090 being subject to the provisions of the Florida Workers' Compensation Act, has secured the payment of compensation by insuring their risk with the FLORIDA ROOFING, SHEET METAL & AIR CONDITIONING CONTRACTORS ASSOCIATION SELF INSURERS FUND, P.O. Box 4907, Winter Park, FL 32793. COVERAGE NUMBER: 870-008328 EFFECTIVE DATE: 1/1/2013 EXPIRATION DATE: 1/1/2014 LIMITS Workers' Compensation: Statutory- State of Florida Employers' Liability: $1,000,000.00 Each Accident $1,000,000.00 Disease, Each Employee $1,000,000.00 Disease, Policy Limit REMARKS: Non -cancelable, without 30 days prior written notice, except for non-payment of premium which will be a 10 day written notice. Qualifiers: Robert B. Hilson - CCC017513, Marius Cronje - CCC1328538, Tibor Torok - CCC057388 •L`� ��1d7r � This certificate is issued as a matter of information only, is not a policy and of itself does not afford any insurance. Nothing contained in this certificate shall be constructed as extending coverage not afforded by the policy(ies) shown above or as affording insurance to any insured not named above. This provides coverage for Florida policyholders and Florida domiciled employees only. c By: ^_ By: Brett Stiegel, Administrator Debra Guidry, CPCU, Un erwriting Manager FRSA-S I F FRSA-S I F