Item 07 Approval to Piggyback off the Sarasota Contract and add Engineer Spray Solutions, Inc., (ESS) to the Sole Source List for Coating and Structural Repair ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: January 19, 2021
Item # d7
Reviewed By:
Contact Name: Trent Hopper Department Director: Ja o
Contact Number: 407-554-7241 City Manager: Robert F
Subject: Approval to initially piggyback on the Sarasota Contract with Engineer Spray Solutions,
Inc.,.(ESS).and add ESS.to the single source vendor list for standardization.
Background Summary:
The City of Ocoee annually budgets funds to repair and seal manholes and lift stations throughout the
City on a 20-year rolling schedule to the limit structural decay that occurs over time.
Engineer Spray Solutions, Inc. (ESS) has provided coating and repair services for the City on a number
of occasions. Utilities has been very satisfied with the work they have done and the quality of the product
they have provided. Utilities has been using ESS through a "piggyback" agreement with the City of
Sarasota, and due to the high level of service the City has received, Utilities recommends standardizing
ESS's coating under the Sarasota Contract, and adding ESS to the City's single source vendor list for
these services.
Issue:
Should the City Commission approve ESS as a single source vendor initially piggybacking on the City of
Sarasota's contract?
Recommendations:
Staff recommends the City Commission approve the inclusion and standardization of Engineered Spray
Solutions on the single source vendor list initially piggybacking on the City of Sarasota's contract.
Attachments:
Unit Price Contract (Sarasota County)
Financial Impact:
None
Type of Item: (please mark with an "x')
Public Hearing For Clerk's Dept Use:
Ordinance First Reading X Consent Agenda
Ordinance Second Reading ' Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion&Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
Reviewed by () N/A
2
_..._.,.- --Contract-IVo.._ - c3 _
Date:42142Z20
UNIT PRICE CONTRACT
This Contract is made and entered into as of the date of execution by both parties,
by and between Sarasota County, a political subdivision of the State of Florida,
hereinafter referred to as the "County" and Engineered Sprayed Solutions, LLC,
a Florida limited liability company, hereinafter referred to as "Contractor".
WITNESSETH:
The County and Contractor, in consideration of the mutual covenants contained
herein, do agree as follows: c)
(Ar
I. Materials, Services and Labor: Contractor shall furnish al
services and materials for the Manhole and Structures Ret Mita1on .
Polyurethane Coating Method Category, Bid# 201918KW. l�l ork ands3
labor shall be done in accordance with the Contract Documents. -:)n w —,�-
act
II. Assignment of Work: " = ri
A. Contractor shall be engaged to perform a specific project I ougl` th -
issuance of a Work Assignment.
1. Work Assignments may include line items that are not included in the
Unit Price Schedule, attached hereto and incorporated herein as Exhibit
A, provided the cumulative cost of those non-competed items do not
exceed 25% of the total Work Assignment or $50,000.00, whichever is
less. Pricing for non-competed line items will be negotiated between
the County and the Contractor.
B. If Contractor declines five Work Assignments within a twelve-month period,
the Contract may be terminated at the sole discretion of the County.
C. The total cost of an individual Work Assignment inclusive of all negotiated
line items and County authorized contingency shall not exceed the
threshold as established by §255.20, F.S.
III. Work Assignment Pricing; Term; Non-Appropriations:
A. The County shall pay the Contractor for the services rendered hereunder
and completed in accordance with the terms and conditions of this Contract.
In no event shall the County be obligated to pay the Contractor in excess
of amounts that are lawfully appropriated for this purpose.
B. The amount for each Work Assignment shall be calculated based upon the
extended line item prices set forth in the Unit Price Schedule plus non-
Procurement Contract# SR 1918-02
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competed items, if. any. Contractor acknowledges and agrees that. no
minimum amount of work or payment is guaranteed under this Contract.
C. This Contract shall commence immediately upon execution by both the
County and the Contractor and shall continue for a period of three years.
Thereafter, the Contract may be renewed for two additional successive one-
year periods, subject to written agreement by both parties. Any Work
Assignment commenced prior to the expiration of the term or any renewal
of this Contract may be completed after the expiration date, provided that
the Work Assignment and any extension thereof is authorized in accordance
with the County Procurement Manual. In such event, the Contract shall
extend and shall be deemed to have the same completion date as the Work
Assignment.
D. The County's performance and obligation to pay under this Contract is
contingent upon an appropriation of lawfully available funds by the Board
of County Commissioners. The County shall promptly notify the Contractor
if the necessary appropriation is not made.
IV. Contract Documents: The Contract Documents, together with the
Contract comprise the entire agreement between County and Contractor and
which are made a part hereof by this reference, consist of the following:
A. Solicitation and any addenda
B. General Conditions
C. Supplemental General and Special Conditions, if any
D. Technical Specifications
E. All Work Assignments inclusive of Project Drawings, Specifications and
addenda
F. Work Assignment Purchase Orders
G. Work Assignment Notice(s) to Proceed
H. All Contract Modifications
In the event of any conflict among or between Contract Documents, if
possible, the conflicting provisions shall be interpreted as a whole in such a
way as to carry out the intent of the Contract. If not possible, the order of
precedence set forth in General Conditions shall control.
V. Performance and Payment Bond: A Performance and Payment Bond will
be required on Work Assignments having a total of$200,000 or more. A bond
may be required on Work Assignments in lesser amounts. If required, the
Contractor shall furnish to the County, prior to the commencement of
operations under the applicable Work Assignment, a Performance and Payment
Bond executed by the Contractor, and a surety company authorized to do
business in the State of Florida, in an amount no less than the Work
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Assignment price, .-which bond shallbe conditioned . upon the successful
completion of all work, labor, services, and materials to be provided and
furnished hereunder, and the payment of all subcontractors, materialmen, and
laborers. The County shall reimburse the Contractor for the actual cost of the
Performance and Payment Bond whose cost shall be delineated on the Work
Assignment form as a separate line item or included in another line item as
noted. The County will only accept a Performance and Payment Bond from a
surety with an A.M. Best rating of`B+' (Very Good) or better. Any such bond
shall be provided by the Contractor to the County prior to issuance of a Work
Assignment.
VI. insurance: Contractor shall procure and maintain insurance as specified in
Exhibit B, Insurance Requirements, attached hereto and made a part of this
Contract.
VII. Contractor's Affidavit: When all Work required by the Work Assignment and
contemplated by the Contract as to each Work Assignment, has been
completed, inspected, and approved by the County or its duly authorized
agent, the Contractor shall furnish to the County the Contractor's affidavit in a
form approved by the County. Release(s) of Lien may also be required by the
County at its option.
VIII. Payment:
A. Upon certification and approval by the County or its duly authorized agent,
monthly payments will be made to the Contractor upon its application for
all services or work completed or materials furnished in accordance with
the Contract Documents during the invoice period. Prior to Substantial
Completion, monthly payments shall be made on the value of materials
furnished or services and work completed up to the time of said application,
less a retainage amount, as specified in the General Conditions, 13.5,
Retainage. Final payment shall be made as provided in the General
Condition, 13.12, Final Payment.
B. Monthly payment applications shall be submitted each month on the
anniversary date of the Notice to Proceed, or a date agreed to by both
parties.
C. Monthly payment applications for less than $200.00 are not acceptable
and will not be processed, except for the final payment application.
IX. Invoicing:
A. The County shall pay the Contractor through payment issued by the Clerk
of the Circuit Court in accordance with the Local Government Prompt
Payment Act, §218.70, et seq. F.S., upon receipt of the Contractor's
payment application and written approval of same by the County's
Administrative Agent indicating that services have been rendered in
conformity with the Contract Documents. All payment applications must be
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submitted in a form satisfactory to the Clerk of Court, who initiates
disbursements.
B. The Contractor shall submit invoices for payment to the address indicated
on the purchase order. Invoices must contain the purchase order number,
required identification information, and reflect the Contract prices, terms,
and conditions. Invoices containing deviations or omissions will be returned
to the Contractor for correction and resubmission. Contractor shall not
perform any service or provide products until it has been issued a purchase
order number.
X. Time for Performance:
A. Time is of the essence in the performance of all Work under this Contract
and Work Assignments. The Contractor specifically agrees that the time
for completion of a Work Assignment shall begin on the date specified on
the County-issued Notice to Proceed.
B. Contractor also agrees no work will begin prior to such date, and that all
work to be performed under the provisions of the Work Assignment shall
be completed to Substantial Completion within the time frame specified in
each individual Work Assignment, plus an additional 30 calendar days after
receipt of the deficiency list for Final Acceptance, subject only to delays
caused by Force Majeure or approved Contract Modifications.
XI. Liability of the Contractor: Pursuant to §725.06(2), F.S., the Contractor
shall indemnify and hold harmless Sarasota County Government from
liabilities, damages, losses, and costs, including but not limited to reasonable
attorney's fees to the extent caused by the negligence, recklessness, or
intentional wrongful misconduct of the Contractor and persons employed or
utilized by the Contractor in the performance of the Contract.
This Section of the Contract will survive the completion or termination of
the Contract.
XII. Liquidated Damages: The parties to this Contract agree that time is of
the essence in the work provided for herein and that a precise determination
of actual damages which would be incurred by the County for delay in the
completion of the work provided for herein, aside from the additional cost of
inspection and supervision, would be difficult to ascertain. Accordingly, the
parties to the Contract agree that the liquidated damages for those items of
damage not otherwise provided for by this Contract, for each and every day
that the time consumed in completing the work provided for in the Work
Assignment documents exceeds the time(s) allowed therefore, shall be the
amount(s) per day as stipulated in the Work Assignment, including Saturdays,
Sundays, and legal holidays. The parties specifically agree that the liquidated
damages provided for herein do not constitute a penalty. Furthermore, since
the additional cost of inspection and supervision arising from a delay is not
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difficult to ascertain, it is agreed that the Contractor shall pay, in addition
to the liquidated damages provided for herein, all expenses for inspection
and supervision occasioned by the failure of the Contractor to complete the
work within the time(s) fixed for completion herein as specified in the Work
Assignment(s). The amount(s) of liquidated damages together with the
additional costs for inspection and supervision occasioned by the Contractor's
delay will be deducted and retained out of the monies payable to the
Contractor. If not so deducted, the Contractor and sureties for the Contractor
shall be liable therefore. The amount of liquidated damages to be assessed
for each calendar day that Substantial Completion for each individual Work
Assignment is delayed beyond the required date of Substantial Completion
shall be negotiated at the time of the Work Assignment between the
Administrative Agent and the Contractor. The amount of liquidated damages
to be assessed for each calendar day that Final Acceptance for each individual
Work Assignment is delayed beyond the required date of Final Acceptance shall
be 25% of the Substantial Completion amount.
XIII. Contractor's Representations for Work Assignments: Contractor makes
the following representations regarding each Work Assignment:
A. Contractor has familiarized itself with the nature and extent of the Contract
Documents, work, locality, all local conditions, and federal, state, and local
laws, ordinances, rules, and regulations that in any manner may affect cost,
progress, or performance of work.
B. Contractor has investigated and is fully informed of construction and
labor conditions, potential obstructions to be encountered, character,
quality, and quantities of work to be performed, materials to be furnished,
and requirements of the plans where supplied in the Contract Documents.
C. Contractor has given County written notice of all conflicts, errors, or
discrepancies that it has discovered in the Contract and the written
resolution thereof by County is acceptable to the Contractor.
XIV. Contractor's Representations for the Contract:
•
A. Contractor declares that submission of a bid for the work constitutes
an incontrovertible representation that the Contractor has complied with
every requirement of this Solicitation.
B. Contractor represents that Contract Documents are sufficient in scope and
detail to indicate and convey understanding of all terms and conditions for
performance of work.
C. Contractor assures that no person shall be discriminated against on the
grounds of race, color, creed, national origin, handicap, age or sex, in any
activity under this Contract.
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XV. _ Public Entity Crimes: Pursuant to §287.133(3)(a),-F.S., a person or affiliate
who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a bid, proposal, or reply on a contract to
provide any goods or services to a public entity; may not submit a bid,
proposal, or reply on a contract with a public entity for the construction or
repair of a public building or public work; may not submit bids, proposals, or
replies on leases of real property to a public entity; may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity; and may not transact business with any public
entity in excess of the threshold amount provided in §287.017 for CATEGORY
TWO for a period of 36 months following the date of being placed on the
convicted vendor list.
XVI. Independent Contractor: The Contractor is, and shall be, in the
performance of all work, services and activities under this Contract, an
independent contractor. Contractor is not an employee, agent or servant of
County and shall not represent itself as such. All persons engaged in any work
or services performed pursuant to this Contract shall at all times, and in all
places, be subject to the Contractor's sole direction, supervision and
control. The Contractor shall exercise control over the means and manner in
which it and its employees perform the work, and in all respects the
Contractor's relationship and the relationship of its employees to the County
shall be that of an independent contractor and not as employees of the
County. The Contractor shall be solely responsible for providing benefits and
insurance to its employees.
XVII. Notice Provision: Any notices of default or termination shall be sent by the
parties via hand delivery, United States certified mail, postage paid, or via a
nationally recognized delivery service, to the addresses listed below.
Contract clarifications or questions regarding the interpretation of plans and/or
specifications not involving: (a) any Contract claim and/or dispute, (b)
questions of time not involving extension, delay, or reduction of time, (c)
monetary or compensatory issues, (d) fully executed IFCAs (Interim Field
Change Agreement) and/or (e) material changes to the Contract, shall be
sufficiently given if delivered personally or sent via email, or U.S. mail, postage
prepaid, addressed as follows.
Contractor Representative: County's Administrative Agent:
Name Jim Collier Name Lori Crick
Title Project Manager/Estimator Title Business Professional III
1306 Banana Road 1001 Sarasota Center Blvd
Address Lakeland, FL 33810 Address Sarasota, FL 34240
Phone (863) 577-4821 , Phone 941-275-9192
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•
E-mail jcollier@ess-1.net E-mail (crick@scgov.net
XVIII. Termination:. Termination of the Contract, for either Cause or for
Convenience shall be, as stated in General Conditions, Article 6.0, County's
Rights. The County reserves the right to terminate any Work Assignment
without terminating the Contract or any other uncompleted Work Assignments.
XIX. Waivers: Failure to insist on strict performance of any covenant, condition,
or provision of this Contract by a party, its successors or assigns shall not be
deemed a waiver of any of its rights or remedies, nor shall it relieve the other
party from performing any subsequent obligations strictly in accordance with
the terms of this Contract.
XX. Modifications: This Contract may be modified only by instrument in writing
and signed by the parties.
XXI. Counterparts: This Contract may be executed in any number of counterparts,
any one of which may be taken as an original.
XXII. No Third Party Rights: The parties hereto do not intend nor shall this
Contract be construed to grant any rights, privileges or interest to any third
party.
XXIII. Remedies: The parties hereto agree that remedies for damages or any other
remedies provided for herein shall be construed to be cumulative and not
exclusive of any other remedy otherwise available under law.
XXIV. Access to Records: The Contractor shall maintain books, records,
documents, and other materials ("Records") directly pertaining to or connected
with the services performed under this Contract. Such Records shall be
available and accessible at the Contractor's offices for the purpose of
inspection, audit, and copying during normal business hours by the County, or
any of its authorized representatives. Such Records shall be retained for a
minimum of ten (10) County fiscal years (October 1-September 30) after
completion of the Contract.
XXV. Severability: If any provision of this Contract is found by a court of
competent jurisdiction to be in conflict with an applicable statute or ordinance,
or is otherwise unenforceable, then such provision shall be deemed null and
void to the extent of such conflict, but shall not invalidate any other provision
of this Contract.
XXVI. Dispute Resolution:
A. To the extent Chapter 558, F.S. is applicable, the parties expressly opt out
of the requirements of Chapter 558, F.S., within the meaning of
§558.005(1), F.S.
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•
B. In the event of a dispute or claim arising out of this Contract, the parties
agree first to try in good faith to settle the dispute by direct discussion. If
this is unsuccessful, the parties may enter into mediation in Sarasota
County, Florida, with the parties sharing equally in the cost of such
mediation.
C. In the event mediation, if attempted, is unsuccessful in resolving a dispute,
the parties may proceed to litigation.
D. Any dispute, action or proceeding arising out of or related to this Contract
will be exclusively commenced in the state courts of Sarasota County,
Florida, or where proper subject matter jurisdiction exists in the United
States District Court for the Middle District of Florida. Each party irrevocably
submits and waives any objections to the exclusive personal jurisdiction
and venue of such courts, including any objection based on forum non
conveniens.
E. The parties hereby waive all rights to trial by jury for any litigation
concerning this Contract.
F. This Contract and the rights and obligations of the parties shall be governed
by the laws of the State of Florida without regard to its conflict of laws
principles.
G. Unless otherwise agreed in writing, the Contractor shall be required to
continue its services and all other obligations under this Contract during the
pendency of claim or dispute including, but not limited to, actual period of
mediation or judicial proceedings.
XXVII. Local Hiring Initiative: In accordance with Sarasota County's Local Hiring
Initiative Resolution No. 2013-127, Contractor is encouraged to work with
CareerSource Suncoast, or any other agency designated by the State of Florida
as a workforce development agency, to increase employment opportunities for
local residents. Local residents are defined as residents of Sarasota County,
but that definition may be expanded to include Manatee and Charlotte Counties
if the requisite skill-set is not available in Sarasota County. Resolution No.
2013-127 establishes an aspirational goal for contractors and subcontractors
to hire 15% minimum local residents as the new hires for construction and
construction related projects.
The Contractor is hereby required to include the completed Local Hiring
Initiative Participation Form as part of the monthly pay requests.
XXVIII. Scrutinized Companies: §287.135, F.S., prohibits agencies from contracting
with companies for goods or services that are on the Scrutinized Companies
that Boycott Israel List, or with companies that are engaged in a boycott of
Israel, and from contracting with companies for goods or services of
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_ _ $1,000,000_or more that.are,.on the_S.cr_utinized_Companies.with.Activities.in
Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List, or are engaged in business operations in Cuba or Syria.
The lists are created pursuant to §215.473 and §215.4725, F.S. Contractor
certifies that the organization is not listed on the Scrutinized Companies that
Boycott Israel List, the Scrutinized Companies with Activities in Sudan List or
the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List, and is not engaged in a boycott of Israel or engaged in business operations
in Cuba or Syria, and understands that pursuant to §287.135, F.S., the
submission of a false certification may subject company to civil penalties,
attorney's fees, and/or costs. In accordance with §287.135, F.S., the County
may terminate this Contract if a false certification has been made, or the
Contractor is subsequently placed on any of these lists or engages in a boycott
of Israel or is engaged in business operations in Cuba or Syria.
XXIX. Public Records:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES,
TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT:
Sarasota County
Public Records office
1660 Ringling Blvd.
Sarasota, FL 34236
Phone: 941-861-5886
Email: publicrecords@scgov.net
XXX. Entire Contract: This Contract constitutes the entire understanding and
agreement between the parties and supersedes any and all written or oral
representations, statements, negotiations, or agreements previously existing
between the parties with respect to the subject matter of the Contract. The
Contractor recognizes that any representations, statements, or negotiations
made by County representatives do not suffice to legally bind the County in a
contractual relationship unless they have been reduced to writing and signed
by an authorized County representative. This Contract shall inure to the benefit
of and be binding upon the parties, their respective assigns, and successors in
interest.
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IN WITNESS WHEREOF, the parties have executed this Contract as of the date last
below Written.
WITNESS: Engineere e S ra of r'•ns, LLC:
Signed By: t Qt�> ls.�Jcl S Signed ;
Print Name: ` Prin - ( /LGlGi+r
Tit e: Deo ‘A-
Date: (- /J - 02-4=.
SARASOTA CO`)N Y
BOARD OFhUNTY COMMISSIONERS
OF SARAS`,OTA C UI FLORIDA'?
By;
aair"
L
Date: X3"c `'ATTEST:
KAREN E. RUSHING, Clerk of the Circuit
Court and Ex-Officio Clerk of the Board
of Co ty C miss' n r
By:
Deputy Clerk
Approved as to form and corre ness:
By:
my Attorney cm M
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EXHIBIT A
UNIT PRICE SCHEDULE
._ . COATING METHOD'-'POLYURETHANE- ,;"-- ��,:..
UNIT PRICE CONTRACT FOR MANHOLE &
STRUCTURES REHABILITATION, BID #201918KW
Item Description Unit Unit
No. Price($)
A- MANHOLE &STRUCTURES COATING -POLYURETHANE
Polyurethane Resin Based Coating 48"
1 $Diameter 1/8" Minimum Thickness VF 226.00
2 Polyurethane Resin Based Coating 48" VF $251.00
Diameter 1/4" Minimum Thickness
3 Polyurethane Resin Based Coating 48" VF $314.00
Diameter 1/2" Minimum Thickness
4 Polyurethane Resin Based Coating 48" $
Diameter 1" Minimum Thickness VF 502.00
5 Polyurethane Resin Based Coating 60" VF $283.00
Diameter 1/8" Minimum Thickness
6 Polyurethane Resin Based Coating 60" VF $314.00
Diameter 1/4" Minimum Thickness
7 Polyurethane Resin Based Coating 60" VF $392.00
Diameter 1/2" Minimum Thickness
8 Polyurethane Resin Based Coating 60" VF $628.00
Diameter 1" Minimum Thickness
9 Structure Polyurethane Resin Based $
Coating 1/8" Minimum Thickness SF 19.00
Structure Polyurethane Resin Based 10 Coating 1/4" Minimum Thickness SF $21.00
11 Structure Polyurethane Resin Based SF $26.00
Coating 1/2" Minimum Thickness
12 Structure Polyurethane Resin Based $
Coating 1" Minimum Thickness SF 40.00
B - MANHOLE &STRUCTURES REPAIR
Removal of Existing Manhole or Wetwell
13 Lining System (Excluding T- Lock or SF $9.00
Similar Liner)
Removal of Existing Manhole or Wetwell 14 T-Lock or Similar Lining System SF $22.00
15 Patching & Profiling - Cementitious Grout SF $12.00
Only
16 Infiltration Control - Cementitious or GAL $125.00
Chemical Grout
17 Bonding Compound GAL $55.00
18 Bench and Invert Channel Repair LF $150.00
19 Chimney Repairs VF $150.00.
20 Chimney Replacement VF $675.00
21 Manhole Rim & Cover Replacement - EA
Paved Areas $1,150.00
22 Manhole Rim & Cover Replacement - EA
Grassed Areas $950.00
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EXHIBIT A
UNIT PRICE SCHEDULE
COATIN- - ------�, " _:.-:,YURETHANE_ -...-.:::4� : ----:
UNIT PRICE CONTRACT FOR MANHOLE &
STRUCTURES REHABILITATION, BID #201918KW
Item Description Unit Unit
No. Price($)
23 Seam Extrusion Welding LF $300.00
24 Fusion Welding of Pipe Boot EA $900.00
25 Install Rain Water Protector EA $110.00
C CLEANING, TELEVISING AND ASSESSMENT
26 Cleaning Manholes EA $150.00
27 Cleaning Structures EA $1,000.00
28 Televising (USB)/Photographs(USB) EA $75.00
Manholes
29 Televising (USB)/Photographs(USB) EA $300.00
Structures
30 GPS Mapping of County Requested EA
Manholes $150.00
D -ANCILLARY SERVICES
31 Bypass Pumping - 4" Pump DAY $2,500.00
32 Bypass Pumping - 6" Pump DAY $2,900.00
33 Bypass Pumping - 8" Pump DAY $3,900.00
34 Bypass Pumper Truck HOUR $290.00
35 Bypass Vac-Truck HOUR $290.00
36 Maintenance of Traffic (MOT) - Arterial EA $1,250.00
37 Maintenance of Traffic (MOT) - FDOT EA $1,500.00
38 Emergency Mobilization EA $750.00
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EXHIBIT B
INSURANCE REQUIREMENTS
For purposes of this Exhibit B, the terms "Vendor," "Contractor" and "Consultant"
shall be interchangeable and the terms"Contract,""Term Contract"and "Agreement"
shall be interchangeable.
CONTRACTOR'S INSURANCE
Contractor shall, on a primary basis and at its sole expense, maintain in full force and
effect, at all times during the life of this Contract, insurance coverage (including
endorsements) and limits as described herein. These requirements, as well as the
County's review or acceptance of insurance maintained by Contractor, are not
intended to and shall not in any manner limit or qualify the liabilities or obligations
assumed by Contractor under this Contract.
Insurance requirements itemized in this Contract and required of the Contractor shall
extend to all subcontractors to cover their operations performed under this Contract.
The Contractor shall be responsible for any modifications, deviations, or omissions in
these insurance requirements as they apply to subcontractors.
Insurance carriers providing coverage required herein must be licensed to conduct
business in the State of Florida and must possess a current A.M. Best's Financial
Strength Rating of A- Class VII or better.
Each insurance policy required by this Contract shall apply separately to each insured
against whom claim is made and suit is brought, except with respect to limits of the
insurer's liability.
The Contractor shall be solely responsible for payment of all premiums for insurance
contributing to the satisfaction of this Contract and shall be solely responsible for the
payment of all deductibles and retentions to which such policies are subject.
Contractor shall furnish Certificates of Insurance to the County Administrative Agent
evidencing the types and amounts of coverage, including endorsements, required by
this Contract prior to commencement of work and prior to expiration of the insurance
contract, when applicable. Such Certificate(s) of Insurance shall, to the extent
allowable by the insurer, include a minimum thirty (30) day notice of cancellation (10
days for non-payment of premium) or non-renewal of coverage. Notwithstanding
these notification requirements, the Contractor will be required to provide County
with at least 5 days prior written notice of any policy cancellation or non-renewal.
The County reserves the right to review, modify, reject, or accept any required
policies of insurance, including limits, coverage, or endorsements, herein from time
to time throughout the term of this Contract. County reserves the right, but not the
obligation, to review and reject any insurer providing coverage due to its poor
financial condition or failure to operate legally.
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EXHIBIT B
INSURANCE REQUIREMENTS
A. WORKERS' COMPENSATION: Contractor shall maintain Workers'
Compensation insurance in accordance with Florida Statutes, Chapter 440.
Employers Liability to be included with a minimum limit of $500,000.00 per
accident/per disease/per employee. If work is to be performed over or adjacent
to navigable water and involves maritime exposure, applicable LHWCA,Jones Act,
or other maritime law coverage shall be included.
In the event the Contractor has "leased" employees, the Contractor or the
employee leasing company must provide evidence of a Workers' Compensation
policy for all personnel on the worksite.
B. COMMERCIAL GENERAL LIABILITY: Contractor shall maintain Commercial
General Liability per ISO form CG0001 or its equivalent, including but not limited
to coverage for premises and operations, personal injury, products & completed
operations, liability assumed under an insured contract, and independent
contractors with limits of not less than $1,000,000.00 each occurrence,
$2,000,000.00 aggregate covering all work performed under this Contract.
There shall be no exclusions for explosion, collapse and underground hazards.
Contractor agrees to endorse Sarasota County Government as an additional
insured on the Commercial General Liability coverage.
C. BUSINESS AUTOMOBILE LIABILITY: Contractor agrees to maintain Business
Automobile Liability with limits not less than $1,000,000.00 combined single limit
for each accident covering all Owned, Non-Owned & Hired automobiles used in
the performance of this Contract. In the event Contractor does not own
automobiles, Contractor agrees to maintain coverage for Hired & Non-Owned
Auto Liability, which may be satisfied by way of endorsement to the Commercial
General Liability policy or separate Business Auto Liability policy.
If the Contractor is shipping a product via common carrier, the contractor shall
be responsible for any loss or damage sustained in delivery/transit.
D. UMBRELLA/EXCESS LIABILITY: Contractor agrees to maintain Umbrella or
Excess Liability with limits not less than $2,000,000.00 each occurrence and in
the aggregate. Coverage shall follow the terms of the underlying insurance,
including the additional insured provisions.
E. POLLUTION LIABILITY: Contractor shall maintain Pollution Liability coverage
with limits not less than $1,000,000 per claim/occurrence for bodily injury,
property damage and environmental damage from sudden and gradual
occurrences resulting from pollution conditions arising out of the work or services
performed under this Contract (including any transportation and disposal of
hazardous materials or pollutants). Coverage shall include, but not be limited to,
third party liability, clean up, corrective action including assessment, remediation
and defense costs. If coverage is written on a claims-made basis: a. Any
retroactive date shall precede the effective date of this Contract; b. Contractor
shall provide certificates of insurance evidencing the required coverage for a
period of two years after final payment under this Contract is made, or provide
Procurement Contract # SR 1918-02
Template Revised October 7, 2019 Page 14 of 15
EXHIBIT B
INSURANCE REQUIREMENTS
evidence-showing Contractor- has,obtained .a two year-extended-reporting-period -
endorsement.
F. BUILDERS RISK: Contractor shall maintain, at Contractor's expense, and keep
in force during the term of this Contract, Builder's Risk insurance on an all risks
of direct physical loss basis, including without limitation, earth movement, flood
and windstorm, for an amount equal to the full Contract Amount plus all
subsequent change orders on a replacement cost basis. Insured property shall
include portions of the work located away from the site but intended for use at
the site, and shall also cover portions of the work in transit.
a. Such insurance shall be maintained until final payment has been made or
until no other person or entity, other than the County has an insurable
interest in the property required to be.covered.
b. Policy shall be endorsed such that the insurance shall not be cancelled or
lapse because of any partial use or occupancy of the County.
c. Sarasota County Government, the Contractor and its subcontractors
shall be included as Insureds on the policy.
d. Waiver of subrogation is to apply against all parties named as Insureds,
but only to the extent the loss is covered.
e. Contractor is responsible for the payment of all policy deductibles.
Maximum deductible amounts shall not be greater than $25,000 except for
perils of earthquake, flood and windstorm, unless otherwise approved by
the County.
Procurement Contract # SR 1918-02
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