7-D. SPECIAL CONDITIONS.pdf

CONDITIONS OF THE CONTRACT

B. SPECIAL CONDITIONS

1. LOCAL PREFERENCE

Under Sec. 2-111(a)(1) of Pasco County‘s Purchasing Ordinance, a business qualifies as “Local Business” if it meets the following requirements and is: a) a vendor, supplier, or contractor who does business in Pasco County by providing goods, services, or construction; and b) maintains a physical business address located within the jurisdictional limits of Pasco County in an area zoned for the conduct of such business; and c) the vendor, supplier or contractor operates or performs business on a daily basis at said location; and d) has so operated or performed business at that location for at least twelve (12) months prior to the Bid or Proposal opening date; and e) includes a copy of their local business tax receipt with their Bid or Proposal. Post office boxes shall not be used for the purpose of establishing said physical address. The justification for the application of a local preference to a particular Bidder must be included as part of any written quotation, Proposal or sealed Bid along with a copy of the Bidder’s local business tax receipt at the time of submission.

In bidding for, or letting contracts or procurement of goods, services or construction, as described herein, the Board of County Commissioners (BOARD) may give a preference to Local Businesses in making purchases (unless otherwise precluded by the ordinance, state or federal law) as described below:

(i) When written quotations or sealed bids are received that do not exceed $1,000,000.00, and the lowest price is offered by a vendor that is not a Local Business, and the next lowest price is offered by a Local Business, and is within 10% of the lowest price offered, then the Local Business shall be given the opportunity to match the lowest price offered, and if agreement to match the lowest price is reached, the Local Business will be awarded the quotation or bid if the Local Business is otherwise fully qualified and meets all requirements of the solicitation.

(ii) When sealed bids are received that are greater than $1,000,000.00, and the lowest price is offered by a business that is not a Local Business, and the next lowest price is offered by a Local Business, and is within 5% of the lowest price offered, then the Local Business shall be given the opportunity to match the lowest price offered, and if agreement to match the lowest price is reached, the Local Business will be awarded the quotation or bid if the Local Business is otherwise fully qualified and meets all County requirements.

(iii) The total quote or bid price shall include not only the base bid price, but also all alterations to the base bid price resulting from alternates which were both part of the bid and that will be actually purchased or awarded by the BOARD.

If two or more identical quotations or bids are received at the time the written quotations or sealed bids are opened, the award shall be made to the responsive, responsible “Local Business” as defined herein.

The preference established in this section does not prohibit the right of the BOARD to compare quality or fitness for use of supplies, materials, equipment and services proposed for purchase and compare qualifications, character, responsibility and fitness of all persons, firms, or corporations submitting bids or proposals nor prohibit the BOARD from giving any other preference permitted by law in addition to the preference authorized in this section.

This local preference provision is not applicable to those solicitations involving the use of either State or Federal funds as indicated below:

State or Federal Funds Involved N (Mark Y or N as applicable)

2. INSURANCE OF THE CONTRACTOR

2.1 During the life of this Agreement, the CONTRACTOR shall provide, pay for, and maintain insurance of the types and in the amounts described herein. All such insurance shall be provided by responsible companies with A.M. Best ratings of A-, Class B or better, authorized to transact business in the State of Florida, and which are satisfactory to the COUNTY. Promptly after the issuance by the COUNTY of the Notice to Apparent Low Bidder of this Agreement, and prior to submission of the Agreement to the BOARD for its approval and execution, the CONTRACTOR shall provide to the COUNTY evidence of insurance coverage of the types, and in the amounts, required hereunder by submitting executed Certificates of Insurance, the preferred form of which has been included with this solicitation. Each Certificate shall set forth the original manual signature of the authorized representative of the insurance company/companies identified therein and shall have attached thereto proof that said representative is authorized to execute the same. In addition, the CONTRACTOR shall provide certified true and exact copies of all required policies and of endorsements to the COUNTY within sixty (60) days of the issuance by the COUNTY of the Notice to Apparent Low Bidder.

2.2 All policies of insurance mandated by this Agreement shall name Pasco County Board of County Commissioners as a certificate holder and require that the insurer give the COUNTY thirty (30) days written notice of any cancellation, intent not to renew, or reduction in coverage; and ten (10) days written notice of any non-payment of premium.

Such notice shall be delivered by First-Class U.S. Mail to: Pasco County Risk Management Department, 7536 State Street, New Port Richey, Florida 34654. In the event of any reduction in the aggregate limit of any policy, the CONTRACTOR shall immediately restore such limit to the amount required herein.

2.3 All insurance coverage provided by the CONTRACTOR shall be primary to any insurance or self-insurance program of the COUNTY that is applicable to the Work provided for in this Agreement.

2.4 Receipt by the COUNTY of any Certificate of Insurance or copy of any policy evidencing the insurance coverage and limits required by the Contract Documents does not constitute approval or agreement by the COUNTY that the insurance requirements have been satisfied or that the insurance policies shown on the Certificates of Insurance are in compliance with the requirements of the Contract Documents.

2.5 No work for the COUNTY shall commence, nor occupancy by the CONTRACTOR of any of its property take place, until the required Bonds, Certificates of Insurance, and copies of the associated policies, if requested, are received by the COUNTY, even if the Contract Time has commenced.

2.6 The insurance coverage and limits required of the CONTRACTOR under the Contract Documents are designed to meet the minimum requirements of the COUNTY. They are not designed as a recommended insurance program for the CONTRACTOR. The CONTRACTOR shall be responsible for the sufficiency of its own insurance program.

Should the CONTRACTOR have any questions concerning its exposures to loss under the Contract Documents or the insurance coverage needed therefore, it should seek professional assistance.

2.7 If the insurance coverage initially provided by the CONTRACTOR is to expire prior to completion of the Work, renewal Certificates of Insurance shall be furnished to the COUNTY thirty (30) days prior to expiration of current coverage.

2.8 Should the CONTRACTOR fail to maintain any of the insurance coverage required by the Contract Documents, the COUNTY may, at its option, either terminate this Agreement for default, or procure and pay for such coverage, charging the CONTRACTOR for, and deducting the costs of, the same from payments due the CONTRACTOR. A decision by the COUNTY to procure and pay for such insurance coverage shall not operate as a waiver of any of its rights under the Contract Documents.

2.9 In addition to being listed as a certificate holder, all liability insurance policies obtained by the CONTRACTOR to meet the requirements of the Contract Documents, other than the Worker’s Compensation and Employer’s Liability Policy, shall provide that the Pasco County Board of County Commissioners, its employees and agents, and the PROFESSIONAL shall be “additional insureds” under the Policy and shall also incorporate a Severability of Interest provision. All insurance coverage provided under this Section shall apply to all the activities of the CONTRACTOR under the Contract Documents without regard for the location of such activity.

2.10 Coverage. Amounts and type of insurance shall conform to the following minimum requirements with the use of current Insurance Service Office forms and endorsements or their equivalent.

2.11 Worker’s Compensation and Employer’s Liability Insurance. The CONTRACTOR shall maintain coverage for all employees engaged in the Work, in accordance with the laws of the State of Florida. The CONTRACTOR also agrees to waive its right of subrogation as part of this coverage. The amount of each insurance shall not be less than:

a. Workers’ Compensation Florida Statutory Requirements

b. Employer’s Liability $100,000.00 Limit Each Accident

$500,000.00 Limit Disease Aggregate $100,000.00 Limit Disease Each Employee

2.12 Commercial General Liability Insurance. Coverage shall include, but not be limited to, liability arising from the Premises, operations, independent contractors, products, completed operations, personal and advertising injury. Contractual coverage for this Contract, including any hold harmless and/or indemnification agreement(s), shall be provided on an ISO form CG 0001 or its equivalent. Limits of coverage shall not be less than the following on a per occurrence basis:

General Aggregate $5,000,000.00

Products – Completed $2,000,000.00

Operations Aggregate Personal and Advertising $500,000.00 Injury Each Occurrence $5,000,000.00

Fire Damage (Any One Fire) $50,000.00

Specific Contract Aggregate Limits

$(same as above)

a. The Aggregate Limits shall be separately applicable through the use of the Insurance Endorsement included as part of this solicitation, or its equivalent according to the Risk Management Division of the COUNTY.

b. If the General Liability Insurance required herein is issued or renewed on a “claims made” form, as opposed to the occurrence” form, the retroactive date for coverage shall be no later than the date the Contract Time commences and shall provide that in the event of cancellation or non-renewal the discovery period for insurance claims (Tail Coverage) shall be extended for three (3) years beyond the completion and acceptance date of the Project under this Contract.

2.13 Business Automobile Liability Insurance. Coverage shall be maintained by the CONTRACTOR as to ownership, maintenance, and use of all of its owned, non-owned, leased or hired vehicles with limits of not less than:

a. Bodily Injury & Property Damage Liability:

$1,000,000.00 Combined Single Limit Each Accident

2.14 All Risk Coverage. For purposes of this Agreement, Builder’s Risk coverage IS NOT required; Installation Floater coverage IS NOT required. If either or both are required, the CONTRACTOR shall provide said coverage, which shall include the following minimum requirements:

a. All Risk coverage shall be issued by insurance company(s) approved by the State of Florida Department of Insurance and acceptable to the COUNTY. All coverage and endorsements must be on forms acceptable to the COUNTY. The CONTRACTOR shall pay any and all premiums for this insurance, with any deductibles being the sole responsibility of the CONTRACTOR. If both Builder’s Risk and Installation Floater have been specified, no more than one deductible per occurrence shall apply. Maximum deductible per occurrence for this Project:

$ N/A .

b. Limit of coverage shall be 100% of the completed value of any building(s) or structure(s), or 100% of the value of the equipment to be installed, as appropriate; and Installation Floater coverage shall also provide for coverage of the installed equipment, including labor and materials, prior to final completion of the Project.

c. Waiver of Occupancy Clause or Warranty: Policy must be specifically endorsed to eliminate any “occupancy clause” or similar warranty or representation that the building(s) or structure(s) will not be occupied.

2.15 Pollution Liability Insurance. For purposes of this Agreement, Pollution Liability Insurance coverage IS NOT required. If required, the CONTRACTOR shall provide said coverage, which shall include the following minimum requirements: The minimum limits of liability shall be: $2,000,000.00 per occurrence/$2,000,000.00 aggregate for the incident. The CONTRACTOR shall maintain pollution liability coverage for bodily injury, property damage and environmental damage caused by a pollution incident.

2.16 Certificates of Insurance. Certificates of Insurance evincing the insurance coverage specified in paragraphs 2.11 through 2.15 shall be filed with the Purchasing Department within ten (10) days of the Notice to Apparent Low Bidder. The required Certificates of Insurance shall name the types of policies provided and shall refer specifically to this Contract.

3. PUBLIC RECORDS

CONTRACTOR shall comply with the requirements of Florida's Public Records Act, Chapter 119, Florida Statutes. To the extent required by Section 119.0701, Florida Statutes, CONTRACTOR shall (a) keep and maintain public records required by the COUNTY to perform the service under the Agreement; (b) upon request from the COUNTY’s custodian of public records provide the COUNTY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for under Florida's Public Records law; (c) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if CONTRACTOR does not transfer the records to the COUNTY; and (d) upon completion of the contract, transfer, at no cost to the COUNTY, all public records in possession of CONTRACTOR. Upon transfer, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the COUNTY. All documentation produced as part of this Agreement will become the property of the COUNTY. This paragraph shall survive the expiration or termination of this Agreement.

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 (727) 847-8147, PRR@MYPASCO.NET,

OR 7536 STATE STREET, NEW PORT RICHEY, FL 34654.

Under Florida law, a Contractor who fails to provide the public records to the COUNTY within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes, and such non-compliance will constitute a breach of the Agreement and may serve as grounds for termination of this Agreement.

END OF SPECIAL CONDITIONS

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