Attachment_E_Draft_Contract.pdf

CONTRACT FOR CONSTRUCTION

BREVARD COUNTY

PUBLIC WORKS ROAD & BRIDGE AND

CENTRAL SERVICES FLEET FACILITY

FUELING SYSTEM

Table of Contents

RECITALS

Section 1. Recitals

Section 2. Administration

Section 3. Contract Documents

Section 4. Scope of Work

Section 5. Effective Date and Contract Term

Section 6. Payment; Progress Payments

Section 7. Termination

Section 8. Liquidated Damages

Section 9. Indemnification

Section 10. Insurance

Section 11. Warranty

Section 12. Public Records

Section 13. Right to Audit Records

Section 14. Scrutinized Companies

Section 15. Employment Verification

Section 16. Governing Law; Venue; Attorney’s Fees; Waiver of Right to Jury Trial

Section 17. Ownership

Section 18. Independent Contractor

Section 19. Public Construction Bond/Security

Section 20. Compliance with Laws

Section 21. Taxes

Section 22. Captions and Paragraph Headings

Section 23. Attorney’s Fees

Section 24. Severability

Section 25. Successors and Assigns

ATTACHMENT A SCOPE OF SERVICES

ATTACHMENT B DIRECT PURCHASING PROCEDURE

ATTACHMENT C PUBLIC CONSTRUCTION BOND

CONTRACT FOR CONSTRUCTION

Public Works Road & Bridge and Central Services Fleet Facility

Fueling System

THIS CONTRACT is entered into the date of last signature below, by and between BREVARD COUNTY, FLORIDA, a political subdivision of the State of Florida (herein referred to as the “County” or “Owner”), whose mailing address is 2725 Judge Fran Jamieson Way, Building A, Second Floor, Viera, Florida 32940, and ________________________, an entity authorized to do business in the State of Florida (herein referred to as the “Contractor”), whose principal address is

RECITALS

WHEREAS, it is the intent of the County to obtain construction services in connection with the removal and replacement of the Fueling System at the Brevard County Wickham Rd Fleet Facility as outlined in Bid# B-XXXX (hereinafter referred to as the “Project” or the “Work”); and

WHEREAS, the County has issued a solicitation for bids Bid# B-XXXX, which is incorporated herein, to perform the Project; and

WHEREAS, the Contractor has been selected as the lowest, responsive, and responsible bidder for Bid# B-XXXX for the Project; and

WHEREAS, the Contractor desires to perform such construction for the Project in accordance with the terms and conditions of this Contract; and

WHEREAS, the Contractor shall comply with any and all Federal, State, and/or local laws, rules, and regulations, including, but not limited to permitting agencies and Authorities Having Jurisdiction (AHJ), which are governmental or non-governmental entities responsible for enforcing building codes, fire codes, and other regulations in a given jurisdiction; and

WHEREAS, the source of funding may be from revenue replacement funds as provided for under the American Rescue Plan Act (ARPA) and, as such, the funds must be obligated by December 31, 2024; and

WHEREAS, the Contractor shall comply with requirements related to ARPA, and other Federal and/or State regulations, when applicable, in order for the County to remain eligible to be reimbursed for the cost of the work and/or being required to reimburse the Federal or State government for the cost of the work; and

WHEREAS, the County finds entering into this Contract will serve the public interest and public benefit.

NOW, THEREFORE, in consideration of the promises hereinafter contained, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the following terms and conditions are hereby mutually agreed to by and between the County and the Contractor.

Section 1. Recitals.

The above recitals are true and correct and are incorporated herein by this reference.

Section 2. Administration.

This Contract is administered by the Public Works Department/Facilities, a department of the Brevard County Board of County Commissioners.

Section 3. Contract Documents.

3.1. The Contract Documents consist of this County-Contractor Contract, and any amendments made thereto, the Conditions of the Contract (General, Supplementary, and other conditions), the Public Construction Bond/Security (for projects over $200,000), the Drawings and Specifications, sample forms, the County’s Bid, the Contractor’s Bid, all addenda issued during the bidding process, and all modifications, including change orders, issued after execution of this Contract.

3.2. Unless stated otherwise by the County, in the case of any conflict between the Contract Documents, the order of precedence for the Contract Documents shall be (as applicable): (1) Change Orders; (2) this County-Contractor Contract, and any amendments made thereto; (3) the Conditions of the Contract (General, Supplementary, and other conditions; (4) Drawings and Specifications; (5) Bidding Addenda (with those of later date having precedence over those of earlier date); (6) the County’s Bid #B-xxxx; (7) Contractor’s Bid Response; (8) Permits; and (9) any other associated documents.

Section 4. Scope of Work.

4.1. The Contractor shall provide and pay for all materials, tools, equipment, labor, any applicable taxes, professional and non-professional services, and all other associated costs, and shall perform all other acts and supply all other things necessary to fully and properly perform and complete the Project, as required in this Contract, including, but not limited to, the activities identified in the Bid Documents issued by the County, which are incorporated herein by this reference. The Scope of Work is attached hereto as Attachment A.

4.2. The Contractor agrees to perform and complete the activities provided for in this Contract, the County’s bid documents (including any addenda), and the Contractor’s responsive bid.

4.3 The Design Consultant (as defined in the General Conditions) shall be JL2 Architecture provided, however, that the County may, without liability to the Contactor, unilaterally amend this Paragraph from time to time by designating a different person or organization to act as its Design Consultant and so advising the Contractor in writing, at which time the person or organization so designated shall be the Design Consultant for purposes of this Contract.

Section 5. Effective Date and Contract Term.

5.1. The date of the last party’s signature below is the Contract’s effective date (hereinafter referred to as the “Effective Date”).

5.2. The term of this Contract shall remain in full force and effect until the Project contemplated herein has been completed and accepted by the County.

5.3. This Contract may be extended in writing upon mutual agreement by the parties.

5.4. The Contractor shall have 240 calendar days to achieve Substantial Completion of the Project from the Notice to Proceed. The Contractor shall have an additional 30 calendar days from Substantial Completion to achieve Final Completion of the Project or 30 calendar days after the County’s receipt of the Substantial Completion Punchlist, whichever is greater. Any extension of time shall only be approved at the County’s discretion and granted in writing. The Contractor acknowledges that time is of the essence for all work performed under this Contract. The Contractor acknowledges that failure to complete the work contemplated herein within the time(s) set forth herein will result in substantial damages to the County.

5.5. The warranties required or provided for under this Contract shall survive Final Completion and will extend for the commercially-reasonable time associated with the goods and/or services provided for the applicable period of time after acceptance of the Project by the County.

Section 6. Payment; Progress Payments.

6.1. The County agrees to pay the Contractor $XXXX for complete performance of the Project outlined herein. This amount may be modified for additions or reductions to the Project. The Contractor acknowledges that this amount may be reduced based on its failure to adhere to the time periods agreed to herein.

6.2. The County shall remit payment for all undisputed invoices in accordance with the provisions of the Local Government Prompt Payment Act, Section 218.70, Florida Statutes, et seq. Upon receipt of satisfactory performance of work, the Contractor shall pay its subcontractor(s) no later than thirty (30) days after the Contractor’s receipt of payment for that work.

6.3. Progress Payments. On the first business day of each month during the performance of the Work, the Contractor must submit an Application for Payment to the Design Consultant, as defined in the General Conditions, for the work completed during the preceding month. The Design Consultant shall review the Application and identify any questions/concerns within ten (10) business days of receiving the Application.

6.4. The Contractor acknowledges that it may not lien the County’s property interests. Contractor agrees to advise all subcontractors and material suppliers of the non-lienable nature of the Project and to further furnish each such person or entity with a copy of the Public Construction Bond for the Project.

Section 7. Termination.

7.1. Termination for Convenience. Either Party may terminate this Contract for convenience upon thirty (30) days prior written notice. Such termination is effective upon the Party’s receipt of the Notice of Termination. Upon receipt of such Notice, the Parties will discontinue all services affected, unless the notice directs otherwise, and payment will be made for the services performed through the date of termination. For purposes of this section, receipt shall be considered three (3) business days after notice has been put in the mail.

7.2. Upon termination for any reason, the parties agree that any work completed or services provided by Contractor prior to the date of termination shall become property of the County. Upon request by the County, the Contractor shall deliver any and all work product as may have been accumulated by the Contractor in performing this Contract, whether completed or in process.

7.3. Payment upon Termination. In the event of termination by the County, the County’s sole obligation to the Contractor shall be payment for those portions of satisfactorily completed Work completed in accordance with this Contract. The County shall not be obligated to pay for any services performed after the Contractor has received the Notice of Termination. Payment shall be made to the Contractor based on the percentage of work completed at the time the Notice of Termination has been received. In the event of deficient professional services, the County shall not pay for the deficient services, except for that portion, if any, of the performed work which is used or useful by another contractor retained by the County to complete the work to the extent the County does not incur additional costs.

7.4. Unless otherwise stated in this Contract, the termination provisions outlined in Article 13 of the General Conditions, including provisions pertaining to termination for cause, are incorporated herein by this reference.

Section 8. Liquidated Damages.

8.1. It is mutually agreed that time is of the essence of this Contract and should the Contractor fail to complete the Work, or portions thereof, within the specified time to achieve Substantial Completion, or any authorized extension thereof, there shall be deducted from the compensation otherwise to be paid to the Contractor, and the Owner will retain the following amount as liquidated damages: Five Hundred Dollars and No Cents ($500.00), per calendar day elapsing beyond the specified time (s) outlined herein, or any authorized extension thereof, which sum shall represent the actual damages which the Owner will have sustained by failure of the Contractor to complete the work, or portions thereof, within the specified time. It is further agreed that said sum is not a penalty, but is the stipulated amount of damages sustained by the Owner in the event of such default by the Contractor. Based on the amount of damages not being readily ascertainable, the above sum is agreed upon as a reasonable and proper measure of damages which the County will sustain per day by failure of the Contractor to complete within time as stipulated; it being recognized by the County and the Contractor that the injury to the County which could result from a failure of the Contractor to complete on schedule is uncertain and cannot be computed exactly, and is not grossly disproportionate and is reasonably expected to follow from a breach of this Contract.

8.2. The timelines agreed to in this Contract are stipulated as fair and reasonable. Contractor waives any and all challenges and legal defenses to the validity of any Liquidated Damages established in the Contract Documents, including that the Liquidated Damages are void as penalties or are not reasonably related to the actual damages sustained by the Owner as a result of Contractor’s untimely performance. The County may deduct any Liquidated Damages incurred under this paragraph from the amount owed to the Contractor. The County does not waive its right to liquidated damages under this Contract by allowing the Contractor to continue and to finish the Work, or any part thereof, after the expiration of the Contract, including granted time extensions.

Section 9. Indemnification.

9.1. The Contractor shall hold the County harmless against any and all claims for and related in any way to bodily injury, sickness, disease, death, personal injury, damages to property of any kind (including but not limited to loss of use of any property or assets resulting therefrom), fines, penalties, schedule delay claims of any kind, including but not limited to loss of efficiency or productivity, arising out of or resulting from the performance of the products or services for which the County is contracting hereunder, to the extent caused by the negligent, reckless, or intentional wrongful conduct, acts, or omissions of the Contractor, or any of its agents or employees, including subcontractors. Such acts or omissions by the Contractor include, but are not limited to, any errors or omissions in the Contractor’s services, including, but not limited to, design services.

9.2. The Contractor agrees to fully indemnify the County and pay the cost of the County’s legal defenses, including reasonable fees of attorneys as may be selected by the County, for all claims described in the hold harmless clause above and shall defend, satisfy, and pay any judgments which may be rendered against the County in connection with the above hold harmless agreement. Such payment on behalf of the County shall be in addition to any and all other legal remedies available to the County and shall not be considered to be the County’s exclusive remedy. It is agreed by the Parties hereto that specific consideration has been received by the Contractor under this Contract for this hold harmless/indemnification provision.

9.3. Notwithstanding any other provisions of this Contract, this indemnification section applies to both County and third-party claims and shall survive the termination, completion, or expiration of this Contract. Nothing in this section is intended to nor shall it constitute a waiver of the sovereign immunity of Brevard County. Further, the County’s liability hereunder shall be subject to the County’s common law right of sovereign immunity and limited to the extent of the protections of and limitations on damages as set forth in Section 768.28, Florida Statutes.

9.4. Loss deductible – The County shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy, except for Builder’s Risk if provided for elsewhere herein. The payment of the deductible shall be the sole responsibility of the Contractor and/or subcontractor providing such insurance.

9.5. The parties agree that the Federal government is not a party to this Contract and shall not be subject to any financial obligations or liabilities to the County or

Contractor, or any other party, pertaining to any matter under this Contract. Contractor shall include this provision in any subcontract(s).

Section 10. Insurance.

10.1. The Contractor shall procure and maintain, at their own expense and without cost to County, the following types of insurance described below.

• General Liability Insurance policy with a $1,000,000 combined single limit for each occurrence, $2,000,000 policy aggregate to include the following coverage: Operations, Products and Completed Operations, Personal Injury, Contractual Liability covering this Contract, “X-C-U” hazards, and Errors & Omissions; $1,000,000 each occurrence and $2,000,000 policy aggregate for Products and Completed Operations.

• Auto Liability Insurance policy with includes coverage for all owned, non-owned and hired vehicles with a $1,000,000 combined single limit for each occurrence.

• Workers’ Compensation and Employer’s Liability Insurance providing statutory benefits as required in the State of Florida. The Contractor shall require any subcontractor to provide evidence of this coverage. Additionally, if the contract requires working on or around a navigable waterway, the Contractor and all subcontractors shall provide evidence of United States Longshoremen’s and Harbor Workers (USL&H) coverage and contingent coverage of Jones Act (Marine Employers Liability) in compliance with Federal statutes, or proof of exemption.

• Builders Risk Insurance Policy or Installation Floater with loss limits equal to the value of the construction project.

• Contractors Pollution Liability Insurance Policy with a limit no less than $2,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year. Coverage must be included for bodily injury and property damage, including coverage for loss of use and/or diminution in property value, and for clean-up costs arising out of, pertaining to, or in any way related to the actual or alleged discharge, dispersal, seepage, migration, release or escape of contaminants or pollutants, arising out of or pertaining to the services provided by Contractor under this agreement, including the transportation of hazardous materials or contaminants.

• Professional Liability Insurance policy in the amount of $1,000,000 per claim and $2,000,000 in the annual aggregate covering the risk of errors and omissions in the professional services provided under this Contract. If such policy is written on a “claims made” (rather than “occurrence”) basis, continuous coverage shall be maintained in effect from the date of commencement of services for a period of at least four (4) years beyond the termination or completion of services or until expiration of any applicable statute of limitations, whichever is longer.

PURSUANT TO SECTION 558.002 AND 558.0035, FLORIDA STATUTES, A

DESIGN PROFESSIONAL WHO IS AN EMPLOYEE OR AN AGENT OF

CONTRACTOR MAY NOT BE HELD INDIVIDUALLY LIABLE FOR

NEGLIGENCE IF CONTRACTOR MAINTAINS THE PROFESSIONAL

LIABILITY INSURANCE REQUIRED ABOVE AND THE DAMAGES ARE

SOLELY ECONOMIC IN NATURE AND DO NOT EXTEND TO PERSONAL

INJURIES OR PROPERTY NOT SUBJECT TO THIS CONTRACT.

10.2. Before commencing work, the Contractor shall provide Certificate(s) of Insurance and applicable endorsement pages to the County demonstrating that the aforementioned insurance requirements have been met and acceptable to the County.

10.3. Insurance carriers providing coverage required herein must be licensed or authorized to conduct business in the State of Florida and must possess A.M. Best’s Financial Strength Rating of A- Class VIII or better.

10.4. The Certificate(s) of Insurance shall indicate that the policies (except professional liability) have been endorsed to cover Brevard County as an additional insured (a waiver of subrogation in lieu of additional insured status on the Workers’ Compensation policy is acceptable) and that these policies may not be canceled or modified without the insurer providing thirty (30) days prior written notice to the County.

10.5. The insurance coverages enumerated above constitute the minimum requirements and shall in no way lessen or limit the liability of the Contractor under the terms of the Contract. These insurance coverages shall be primary and non-contributory to any other applicable insurance carried by the County. Subcontractor’s insurance shall be the responsibility of the Contractor.

10.6. The Contractor shall maintain the insurance coverage in compliance with this Section throughout the term of this Contract.

10.7. The Contractor shall be responsible for requiring each subcontractor, vendor or supplier to comply with these insurance requirements when applicable.

Section 11. Warranty.

11.1. The Contractor warrants that all services and goods performed and/or supplied pursuant to this Contract will be performed in accordance with the general acceptable standards and practices in existence at the time the services and/or products are being performed.

11.2. The Contractor agrees that, unless otherwise specified, the supplies and/or services furnished under this Contract shall be new (unless specifically identified otherwise by the County) and of the most suitable grade for the purposes intended.

11.3. If any product delivered does not meet performance representations or other quality assurance representations as published by manufacturers, producers, or distributors of the products or the specifications listed in this Contract, the Contractor must pick up the product from the County at no expense to the County. The County reserves the right to reject any or all materials if, in its judgment, the item reflects unsatisfactory workmanship or manufacturing or shipping damage. In such case, the Contractor must refund to the County any money which has been paid for such item(s).

11.4. Contractor shall secure from the applicable third-party manufacturers, and assign and pass through to the County, at no additional cost to the County, such warranties as may be available with respect to the equipment, parts, and systems provided through the purchase of such item(s). The Contractor shall warrant the performance outlined herein for a period of one (1) year after acceptance by the County.

Section 12. Public Records.

The County is subject to the Florida Public Records Law, Chapter 119, Florida Statutes, and all other applicable statutes. If the materials provided by the Contractor do not fall under a specific exemption under Florida or federal law, materials provided by the Contractor to the County will have to be provided to anyone making a public records request. It will be the Contractor’s duty to identify the information it deems is exempt/confidential under Florida or federal law, and identify the statute, by number, that exempts such information.

Should any person or entity make a public records request to the County requiring the County to allow inspection or provide copies of records for which the Contractor maintains are exempt/confidential, it shall be the Contractor’s obligation to provide the County, within twenty-four (24) hours (not including weekends and legal holidays), of notification by the County to the Contractor of the request, of the specific exemption or confidentiality provision so the County will be able to comply with the requirements in Chapter 119, Florida Statutes.

Should the County face any kind of legal action to require or enforce inspection or production of any records provided by the Contractor to the County which the Contractor maintains are exempt or confidential from such inspection/production as a public record, then the Contractor shall hire and compensate attorney(s) who shall represent the interests of the County in defending such action. The Contractor shall also pay any costs to defend such action and shall pay any costs and attorney fees which may be awarded pursuant to Section 119.12, Florida Statutes.

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 (321) 617-7202;

KARENE WILLETT; KARENE.WILLETT@BREVARDFL.GOV;

2725 Judge Fran Jamieson Way, Suite A201, Viera, Florida 32940.

Section 13. Right to Audit Records.

In performance of this Contract, the Contractor shall keep books, records, and accounts of all activities related to this Contract in compliance with generally accepted accounting procedures. All documents, papers, books, records and accounts made or received by the Contractor in conjunction with this Contract, and the performance of this Contract shall be open to inspection during regular business hours by an authorized representative of the County. The Contractor shall retain all documents, books and records for a period of five years after completion or termination of this Contract, unless such records are exempt from Section 24(a) of Article I of the State Constitution and Chapter 119, Florida Statutes.

No reports, data, programs, or other materials produced, in whole or in part, for the benefit and use of the County under this Contract shall be subject to copyright or trademark by the Contractor in the United States or any other jurisdiction.

Section 14. Scrutinized Companies.

The Contractor shall certify that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, Florida Statutes. if the Contract is for more than one million dollars, the Contractor further certifies that it and its sub-Contractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, Florida Statutes.

For Contracts of any amount, if the County determines the Contractor submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall either terminate the Contract after it has given the Contractor notice and an opportunity to demonstrate the County’s determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or on a case-by-case basis the County may choose to maintain the Contract if the conditions of Section 287.135(4), Florida Statutes, are met.

For Contracts $1,000,000 and greater, if the County determines the Contractor submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor has been placed on the Scrutinized Companies with Activities in the Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, the County shall either terminate the Contract after it has given the Contractor notice and an opportunity to demonstrate the County’s determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or on a case-by-case basis the County may choose to maintain the Contract if the conditions of Section 287.135(4), Florida Statutes, are met.

The Contractor agrees to observe the above requirements for applicable sub- contracts entered into for the performance of work under this Contract.

As provided in Section 287.135(8), Florida Statutes, if federal law ceases to authorize these Contracting prohibitions, this section shall become inoperative and unenforceable.

Section 15. Employment Verification.

The Contractor shall comply with Section 448.095, Florida Statutes, and:

shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract; and shall expressly require any subcontractors performing work or providing services pursuant to this Contract to likewise utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all employees hired by the subcontractor during the Contract term; and shall obtain an affidavit stating that any subcontractor(s) it enters into a contract with, does not employ, contract with, or subcontract with an unauthorized alien; and agrees to maintain records of its participation and compliance with the provisions of the E-Verify program, including participation by its subcontractors as provided above, and to make such records are made available to the County consistent with the terms of the Contractor’s enrollment in the program. This includes maintaining a copy of proof of the Contractor’s and subcontractors’ enrollment in the E-Verify Program.

Compliance with the terms of this section is made an express condition of this Contract and the County may treat a failure to comply as a material breach.

Nothing in this section may be construed to allow intentional discrimination of any class protected by law.

Section 16. Governing Law; Venue; Attorney’s Fees; Waiver of Right to Jury Trial.

This Contract shall be governed, interpreted and construed according to the laws of the State of Florida and shall not be construed more strictly against one party than against the other because it may have been drafted by one of the parties.

In the event of any legal proceedings arising from or related to this Contract: (1) venue for any legal action by any party to this Contract to interpret, construe or enforce the terms of this Contract shall be in a court of competent jurisdiction in and for Brevard County, Florida; (2) each party shall bear its own attorney’s fees and costs; and (3) ANY TRIAL

SHALL BE NON-JURY.

Section 17. Ownership.

It is understood and agreed that all Work provided under this Contract shall become the property of the County upon acceptance by the County.

The Contractor shall provide the County and any applicable Federal agencies intellectual property access and licenses deemed necessary for the work performed under this Contract and in accordance with the requirements of 37 C.F.R. part 401.

Section 18. Independent Contractor.

The Contractor, or any of its agents, employees, or subcontractors, are independent contractors and not employees or agents of the County. Nothing in this Contract shall be interpreted to establish any relationship other than that of independent contractors during and after the term of this Contract. The Contractor is solely responsible for compliance with all applicable Federal, State, and local laws, rules, regulations in implementing this Contract.

Section 19. Public Construction Bond/Security.

For projects over $200,000, the Contractor shall provide security acceptable to the County:

• A Contractor may elect to execute a Public Construction Bond and must provide the County with a certified copy of the recorded bond as required by Section 255.05, Florida Statutes, as may be amended. Additionally, the Contractor must provide a copy of the bond to all subcontractors and notify them of deadlines to make claims under the bond.

• In lieu of a Public Construction Bond, pursuant to Section 255.05(7), Florida Statutes, as may be amended, the County has the authority to accept an alternative form of security in the form of cash, a money order, a certified check, a cashier's check, an irrevocable letter of credit or a security of a type listed in Part II, Chapter 625, Florida Statutes. Alternative form of security shall be approved by the County Attorney's Office and the County's Risk Management. Any such alternative form of surety shall contain a provision to the effect that such surety shall reimburse the County for all costs, including attorney's fees, sustained by the County because of the Contractor's default, or incurred by the County in enforcing an alternative form of security to the County. Alternative forms of security must conform to the following standards:

o All alternative forms of security shall be issued by a federally or state-chartered bank or savings and loan association doing business in Brevard County, Florida.

o A date of expiration at least fourteen months beyond the completion of the Project.

o A business office in Brevard County, Florida at which drafts against the alternative form of security may be redeemed.

• When a construction project does not exceed $500,000, and when the Contractor elects to execute a Public Construction Bond, such bond shall be issued from a surety company meeting all requirements of Section 287.0935, Florida Statutes. In cases where the amount of a surety bond exceeds $500,000, the surety company shall also have an A.M. Best’s rating of no less than B+ and, depending on the amount of the bond, shall have a minimum A.M. Best’s financial size category ranking as follows:

Bond Amount Up To Financial class

$1,000,000 V

$2,500,000 VI

$5,000,000 VII

$10,000,000 VIII

$25,000,000 IX

$50,000,000 X

$75,000,000 XI

$100,000,000 XII

Section 20. Compliance with Laws.

The Contractor, its employees, agents, subcontractors, or assigns, shall comply with all applicable Federal, State, and local laws, rules and regulations relating to the performance of this Contract, including, but not limited to, traffic safety and O.S.H.A. requirements. The County undertakes no duty to ensure compliance, but will attempt to assist the Contractor, upon request, as to any such laws of which it has present knowledge.

Any references throughout the Contract Documents to specific provisions of Federal, State, and local laws, rules, and regulations shall be considered “as amended” to ensure compliance with the most current versions of such law, rule, or regulation.

Section 21. Taxes.

The Contractor shall pay all applicable taxes, including, but not limited to, sales tax, consumer, use and other similar taxes for the Work, or portions thereof, provided by the Contractor. The County reserves the right to direct-purchase materials to realize a tax savings and adjust the Contract amount accordingly. Contractor hereby agrees to permit the County to direct-purchase from the Contractor’s suppliers at prices quoted to the Contractor and for the County to retain any tax savings generated thereby, which will result in the overall reduction of the sum owed to the Contractor in a corresponding amount. The Direct Purchasing Procedure is attached hereto as Attachment B and incorporated herein by this reference.

Section 22. Captions and Paragraph Headings.

The captions and paragraph headings contained in this Contract are for convenience and reference only and in no way define, describe, extend or limit the scope and/or intent of this Contract, nor the intent of any provisions thereof.

Section 23. Attorney’s Fees.

Unless as otherwise provided for herein, in the event a dispute arises out of this Contract, each side shall be responsible for their own respective attorney’s fees and associated costs.

Section 24. Severability.

If any of the provisions contained in this Contract are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision, and this Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

Section 25. Successors and Assigns.

The County and the Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to the partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in the Contract Documents. The Contractor shall not assign the Contract or sublet it as a whole without the written consent of the County, nor shall the Contractor assign any moneys due or to become due hereunder, without the previous written consent of the County and the Contractor's Surety.

SIGNATURE PAGE TO FOLLOW

REMAINDER OF PAGE IS BLANK

IN WITNESS WHEREOF, the Parties hereto have executed through their fully authorized representative this Contract in counterparts, all of which when taken together shall constitute one and the same Contract, on the day and date last written below.

WITNESS BREVARD COUNTY, FLORIDA

__________________________ By: _____________________________ Frank Abbate, County Manager

Date: ______________________ Per Board Policy BCC-25

Reviewed for legal form and content only for Brevard County:

Deputy County Attorney

WITNESS CONTRACTOR

___________________________ By: ______________________________

(NAME/TITLE)

STATE OF ________________________________

COUNTY OF ______________________________

The foregoing instrument was acknowledged before me by means of ☐ physical presence or

☐ online notarization, this ___ day of __________, 2024 by _____________________(name), ______________________(title) of __________________, a Florida corporation, on behalf of the corporation. He is personally known to me or has produced ________________________________ as identification.

[Notary Seal] Notary Public Signature

Name typed, printed or stamped

My Commission Expires: ____________

ATTACHMENT A

SCOPE OF SERVICES

The Scope of Services is to replace and update the County’s existing Fueling System at the Public Works Road &

Bridge and Central Services Fleet Facility located at 4690 North Wickham Road, Melbourne, FL.

The Contract Documents within this Invitation to Bid were developed in a phased approach for work to be completed based on funding. With this bid proposal anything depicted as phase 1 or phase 2 is to be included.

All work in this Bid shall be completed within the contract period:

240 calendar days from Notice to Proceed to achieve Substantial Completion

Final Completion – 30 calendar days following Substantial Completion or 30 calendar days after the County’s receipt of the Substantial Completion Punchlist, whichever is greater.

SUBSTANTIAL COMPLETION PUNCHLIST: Pursuant to Section 218.735, Florida Statutes, as may be amended, the Contractor shall submit a list of items and the estimated cost to complete each item on the list required to render complete, satisfactory, and acceptable the construction services purchased by the County. This list shall be provided by the Contractor to the County within ten (10) calendar days after Substantial Completion is reached. The County will have five

(5) days to review and comment on this list.

The fuel system construction work in this Bid will be completed in conjunction with other construction work being performed by other contractors on this site. Therefore, a large amount of coordination will be required. CLOSE

COORDINATION WITH THE COUNTY IS ESSENTIAL TO MAINTAIN THE ONSITE OPERATIONS AND ALL CONSTRUCTION

ACTIVITIES BY OTHERS ON BEHALF OF THE COUNTY. THE CONTRACTOR SHALL COORDINATE EFFORTS WITH THE COUNTY

TO ENSURE THE OVERALL CONSTRUCTION OF THE SITE IS COMPLETED IN AN EFFICIENT AND COST-EFFECTIVE MANNER.

The Contractor shall also be aware of the County’s continued onsite business operations of vehicle maintenance, Public Works activity, and Fleet refueling location, etc. It is important that construction activities within this project minimize the downtime of the County’s fueling needs.

The Contractor shall be licensed and qualified in the State of Florida as a Certified Pollutant Storage Systems

Contractor PCC and qualified to complete the work as described in the Invitation to Bid.

The Contractor is responsible for obtaining any required permits through FDEP, Brevard County, and any other governing bodies having jurisdiction. All work shall be in full compliance with the regulations of FDEP and any other governing bodies having jurisdiction. The Contractor shall be responsible for acquiring any approvals, or clearances required to utilize the new fueling systems upon completion.

The County may elect to procure equipment and materials (fuel tanks, fuel dispensers, card readers, etc.) through our Owner Direct Purchase Process to save on sales tax.

NOTE: THE CONTRACTOR IS TO VERIFY SITE CONDITIONS AND VERIFY ALL SQUARE FOOTAGES.

EXISTING FUEL TANKS GASOLINE (1) AND DIESEL (1) DECOMMISSIONING

• CONTRACTOR WILL BE REQUIRED TO OBTAIN CLOSURE OF THE TWO EXISTING 10,000 GALLON FUEL TANKS (ONE

DIESEL AND ONE GASOLINE)

• PRIOR TO CLOSURE, THE CONTRACTOR WILL BE REQUIRED TO COORDINATE THE TIMEFRAME FOR PROVISION, DELIVERY, AND INSTALLATION OF THE TEMPORARY TRAILERED FUEL TANKS AND THE TRANSFER OF THE REMAINING

FUELS IN BOTH EXISTING TANKS INTO THE TEMPORARY TRAILERED FUEL TANKS.

• EXISTING CARD READER TO BE RELOCATED, COORDINATED, CONNECTED, AND SYNCHRONIZED WITH THE TWO (2)

TEMPORARY TRAILERED FUEL TANKS

• MINIMIZE THE DOWNTIME OF THE EXISTING FUEL DISPENSER UTILIZATION.

• REFER TO ATTACHMENT C FOR SITE LOCATIONS.

TEMPORARY TRAILERED DIESEL AND GASOLINE FUEL TANKS

• CONTRACTOR WILL BE RESPONSIBLE FOR THE DELIVERY AND INSTALLATION OF TWO (2) TEMPORARY TRAILERED

FUEL TANKS 5,000-TO-6,000 GALLON EACH, ONE FOR GASOLINE AND ONE FOR DIESEL.

• INSTALLATION AT THE SITE WILL INCLUDE ALL RELATED CONTROLLERS AND REQUIRED ACCESSORIES FOR FULL

OPERATION / DISPENSING OF FUEL.

• EXISTING CARD READER TO BE RELOCATED, COORDINATED, CONNECTED, AND SYNCHRONIZED FOR THE TWO (2)

TEMPORARY TRAILERED FUEL TANKS.

• CONTRACTOR WILL BE REQUIRED TO CONNECT ELECTRICAL FOR THE SETUP TO OWNER’S PANEL LOCATED

IN BUILDING 3 AS INDICATED ON THE DRAWINGS, AS WELL AS PROVIDE THE FUEL LEAK

DETECTION/MONITORING PANEL AND ALL REQUIRED CONNECTIONS.

• EXISTING ELECTRICAL PANEL WILL BE THE SOURCE OF POWER FOR THE TEMPORARY TRAILERED FUEL TANKS.

• REFER TO ATTACHMENT C FOR SITE LOCATIONS AND DRAWINGS/SPECIFICATIONS FOR ADDITIONAL INFORMATION.

FUELING STATIONS

• Contractor will be responsible for the complete installation of two new fueling stations:

o One large station with a canopy (large) and infrastructure to support 8 fuel dispensers:

▪ The large fuel station will consist of two 6,000-gallon tanks (one for gasoline and one for diesel), dispensers, card readers, engineered canopy, concrete, electrical, etc.

everything required to have a completely working fuel system.

o One small station (small) without a canopy and 1 diesel fuel dispenser

▪ The small fueling station will consist of one 6,000-gallon diesel tank, card reader, and dispenser with a concrete island, concrete slab, electrical, etc.

❖ The Base Bid will include all infrastructure work needed for a total of 9 fuel dispensers (4 gasoline and 5 diesel) to include all piping, electric, chases, concrete island, etc. for the combination of the large and small stations.

❖ The Base Bid will include the installation of all infrastructure to support 5 DEF dispensers.

❖ The Base Bid will include 2 gasoline dispensers, 3 diesel dispensers, and 3 card readers for the combination of the large and small stations.

❖ The Add Option will include 2 additional gasoline dispensers, 2 additional diesel dispensers, and 2 additional card readers for the large station.

• The Contractor will be required to supply and install all electrical needs for pumps, card readers, lights, etc.

o Electrical will come from owner-supplied panels shown on the drawings.

• All concrete work will be included in the bid.

o Allowance: On the bid price sheet, provide a square foot cost for the 8” concrete slab within the

140’ x 91’ sq ft area but outside of the 65’ x 69’ sq ft canopy pad and 46’ x 25’ sq ft fuel tank pad area. This is in case the location of the building to the west needs to be adjusted.

• All tanks must be manufactured and labeled in strict accordance with Steel Tank Institute (STI) Fireguard

Thermally Insulated and labeled in compliance with Underwriters Laboratories UL 2085, refer to specifications.

• The Contractor will utilize the drawings and specifications, Attachment B, along with any other additional design engineering that may be required to perform this work.

FUELING STATIONS GENERAL NOTES

1. REFER TO ATTACHMENT A AND B AND SHEETS G I 101 AND C7 FOR LOCATIONS.

2. FOR ADDITIONAL INFORMATION REFER TO CONSTRUCTION DOCUMENTS, SPECIFICATIONS AND DRAWINGS: CIVIL, STRUCTURAL, ARCHITECTURAL, EQUIPMENT, FIRE PROTECTON, PLUMBING, ELECTRICAL, AND TECHNOLOGY

3. STRUCTURAL FOOTINGS, COORDINATE FOOTING DEPTH WITH DISPENSER SUMP. (TYP)

REFER TO STRUCTURAL DRAWINGS.

4. FOR CONCRETE SLABS, CANOPY, REFER TO CIVIL, ARCHITECTURAL, STRUCTURAL, AND RELATED DRAWINGS.

5. FOR BOLLARDS DETAIL, REFER TO ARCHITECTURAL AND STRUCTURAL DRAWINGS.

6. PROVIDE ALL INTERCONNECTING LOW VOLTAGE CONTROL AND MONITORING WIRING AND CONDUITS FROM FUELING

EQUIPMENT (SENSORS AND PROBES) TO LEAK DETECTION/MONITORING PANEL LOCATED IN ADMINISTRATIVE

SERVICE OFFICE. COORDINATE WITH OWNER FOR EXACT LOCATION.

7. SELF-CONTAINED DIESEL EXHAUST FUEL (DEF) UNIT (TANK & PUMP AND HOSE DISPENSER) - THE COUNTY WILL ONLY

REQUIRE ONE 300 GALLON TOTE AT THE REAR FUEL ISLAND TO BE BOUGHT AND INSTALLED BY THE COUNTY AT A

FUTURE DATE. THE CONTRACTOR WILL BE REQUIRED TO PROVIDE ALL SITE REQUIRED PROVISIONS - READY FOR

FUTURE INSTALLATIONS AS ESSENTIAL FOR FOUR (4) DEF UNITS AT THE LARGE FUELING STATION AND ONE (1) AT THE

SMALL FUELING STATION.

8. TEMPORARY TRAILERED DIESEL AND GASOLINE FUEL TANKS, REFER TO ATTACHMENT C FOR LOCATION.

9. EXISTING FUEL TANKS GASOLINE (1) AND DIESEL (1) DECOMMISSIONING REFER TO ATTACHMENT C FOR LOCATION.

10. EXISTING CARD READER TO BE RELOCATED, COORDINATED, CONNECTED, AND SYNCHRONIZED WITH THE TWO (2)

TEMPORARY TRAILERED FUEL TANKS.

11. ALL CARD READERS: EXISTING TO BE RELOCATED AND NEW TO BE PROVIDED AND INSTALLED ARE TO MATCH THE

EXISTING SYSTEM USED THROUGHOUT THE COUNTY AS FOLLOWS: SOFTWARE = EKOS, HARDWARE/MANUFACTURER

= GILBARCO/GASBOY A VONTIER COMPANY, VENDOR = GUARDIAN.

LARGE FUEL STATION AND CANOPY

STATION CONCRETE SLAB & CANOPY (A & B)

6,000 GALLON PROTECTED GASOLINE TANK (ONE)

SUBMERSIBLE GASOLINE FUEL PUMP, GFP-1

PIPE TRANSITION SUMP WITH LEAK DETECTION SENSOR

TANK OVERFILL ALARM PANEL WITH ACKNOWLEDGEMENT DEVICE OVERFILL RESET BUTTON AND EMERGENCY STOP

AUTOMATIC FILL PORT CABINET FOR GASOLINE WITH VAPOR RECOVERY

TANK ACCESS LADDER, W/ HANDRAILING, ACCESS PLATFORM, AND GUARDRAIL AROUND TANK. ACCESS LADDER AND

ACCESS PLATFORM CENTERED BETWEEN BOTH TANKS INSTALLED ON CONCRETE SLAB.

6,000 GALLON PROTECTED DIESEL FUEL TANK (ONE)

SUBMERSIBLE DIESEL FUEL PUMP, DFP-1

PIPE TRANSITION SUMP WITH LEAK DETECTION SENSOR

AUTOMATIC FILL PORT CABINET FOR DIESEL FUEL

FUEL CONTROLLERS FOR GFP-1 & DFP-1 INSTALLED IN OUTDOOR ENCLOSURE

TANK ACCESS LADDER, W/ HANDRAILING, ACCESS PLATFORM, AND GUARDRAIL AROUND TANK. ACCESS LADDER AND ACCESS PLATFORM CENTERED BETWEEN BOTH TANKS INSTALLED ON CONCRETE SLAB.

GASOLINE DISPENSER (TWO) ISLAND ORIENTED, DUAL HOSE, 10 GPM EACH

DIESEL FUEL DISPENSER (TWO) ISLAND ORIENTED, DUAL HOSES, 20 GPM EACH

SELF-CONTAINED DIESEL EXHAUST FUEL (DEF) UNIT (TWO) TANK & PUMP, (refer to General Notes 7 above).

DIESEL EXHAUST FUEL (DEF) HOSE DISPENSER (TWO), (refer to General Notes 7 above).

CARD READER (TWO)

ACCESSIBLE MANHOLE 3’-0” DIA. FOR CONNECTION TO FUTURE FUEL ISLAND - TERMINATE FUEL PIPING WITH SHUT-OFF

VALVE AND CAP

FUTURE FUEL ISLANDS (Add Option)

GASOLINE DISPENSER (TWO) ISLAND ORIENTED, DUAL HOSE, 10 GPM EACH

DIESEL FUEL DISPENSER (TWO) ISLAND ORIENTED, DUAL HOSES, 20 GPM EACH

CARD READER (TWO)

SMALL FUEL STATION, NO CANOPY, DIESEL

STATION CONCRETE SLAB

6,000 GALLONS PROTECTED DIESEL FUEL TANK (ONE) INSTALLED ON CONCRETE SLAB

SUBMERSIBLE DIESEL FUEL PUMP

PIPE TRANSITION SUMP WITH LEAK DETECTION SENSOR

AUTOMATIC FILL PORT CABINET FOR DIESEL FUEL

FUEL CONTROLLERS INSTALLED IN OUTDOOR ENCLOSURE

TANK ACCESS LADDER, W/ HANDRAILING, ACCESS PLATFORM, AND GUARDRAIL AROUND TANK.

DISPENSERS / DISPENSERS’ ISLAND

GASOLINE DISPENSER ISLAND-ORIENTED, DUAL HOSE, 10 GPM EACH

DIESEL FUEL DISPENSER ISLAND ORIENTED, 20 GPM

SELF-CONTAINED DIESEL EXHAUST FUEL (DEF) UNIT (TWO) TANK & PUMP, (refer to General Notes 7 above).

DIESEL EXHAUST FUEL (DEF) HOSE DISPENSER, (refer to General Notes 7 above).

CARD READER (TWO)

ATTACHMENT B

DIRECT PURCHASING PROCEDURE

INTENT: The County intends for these procedures to guide the County's direct purchases of selected materials so that the County may take advantage of its tax-exempt status. All monies which would have been payable as taxes, if not for County direct purchase under these procedures, will inure solely to the benefit of the County. The County's direct purchase of materials will not minimize or conflict with the Contractor’s responsibility for the purchase, installation, coordination, storage, protection, warranty, etc. of the materials as described herein and in the plans and specifications of the Contract.

Specifically, the Contractor acknowledges that it retains all rights, obligations, and responsibilities outlined herein for any items the County purchases directly, and the

Contractor shall be responsible for ensuring the provisions outlined in the Contract are followed and enforced against any suppliers and/or subcontractors.

Definitions: For the purpose of these Procedures, the following words have the following definitions.

a) Contract: County-Contractor Contract for the Project

b) County Purchased Materials: Materials purchased directly by the County through execution and delivery of a Purchase Order.

c) Materials: Tangible Personal Property necessary for completion of the Project.

d) Materials Deduction Summary: Written document signed by the County and the

Contractor setting forth the amounts of County Purchased Materials, plus applicable taxes were the purchase not exempt from such taxes, as reflected in the parties' previously executed deductive change order(s) to the Contract showing deduction of such Materials.

e) County: Brevard County, Florida.

f) Project: Brevard County Public Works Road & Bridge and Central Services Fleet

Facility

g) Purchase Order: The County's request for Materials from a particular vendor or supplier when fully executed and delivered to the Contractor, and the County's promise to pay for the Material specified upon delivery and acceptance at the

Project Site, and presentation of an invoice by the Contractor to the County certifying payment of same.

h) Material Requisition: A request by the Contractor to the County that the County directly purchase specific items described in sufficient detail, including quantity, grade, brand, etc., along…