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2016-50 AGREEMENT FOR COLLECTION AND PURCHASE OF WHITE GOODS AND SCRAP METAL THIS AGREEMENT, made and entered into this ! day of tkf �� Q 2016, A.D., by and between the City of Clermont 685 West.Montrose Street, Clermont, Florida (hereinafter referred to as "CITY"), and TRANSCOR RECYCLING, LLC., 1501 E. 2nd Avenue, Tampa,FL 33605, (hereinafter referred to as "CONTRACTOR"). WHEREAS; Manatee County, Florida issued Request for Proposal No. 15-0975CP to obtain a contractor for the collection and purchase of white goods and scrap metal; WHEREAS, based on CONTRACTOR's response,, Manatee County entered into a Contract based on the above-referenced request for proposal with CONTRACTOR which currently is in effect until September 30,2016; WHEREAS, CITY desires to utilize the CONTRACTOR's contract with Manatee County in accordance with CITY's procurement policy; and WHEREAS, CONTRACTOR desires to enter into a contract with CITY based on the terms and conditions Of Manatee County Request for Proposal No. 15-0975CP. WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows ARTICLE I - SCOPE OF WORK The CONTRACTOR shall collect and purchase all white goods and scrap metal materials made available by CITY and as described in Manatee County Request for Proposal No. 15`0975CP and 'Manatee County contract 15-0975CP executed May 19, 2015 which is attached hereto and incorporated'herein as Exhibit "A" and shall do everything required by this.Agreement and the other,Agreement Documents contained in the specifications, which are a part of these Documents. Provided, however, that nothing herein shall require CITY to make.available for purchase to CONTRACTOR a minimum amount of white, goods and scrap metal materials. To the extent of a conflict between this Agreement and the,CITY's Purchasing Policy and Exhibit "A", the terms and conditions of this Agreement.and the CITY's Purchasing Policy shall prevail and govern. ARTICLE II-THE CONTRACT SUM CONTRACTOR shall pay to CITY for the purchase of all white goods and scrap metal materials made "available to CONRACTOR by CITY the amount as set forth in the Compensation, attached hereto and incorporated herein as Exhibit"B". ARTICLE III—TERM AND TERMINATION 1. This Agreement is to become effective upon execution by both parties, and shall remain in effect until September 30, 2016, unless terminated or renewed 1 as provided for herein. 2. Notwithstanding any other provision of this Agreement, CITY may, upon written notice to CONTRACTOR, terminate this Agreement if: a) without cause and for convenience upon thirty (30) days written notice to CONTRACTOR b) CONTRACTOR is adjudged to be bankrupt; c) CONTRACTOR makes a general assignment for the benefit of its creditors; d).CONTRACTOR fails to comply with any of the conditions of provisions of this Agreement; or e) CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon.performance of this Agreement, without prejudice to any other right or remedy CITY may have under this Agreement.. 3. Upon mutual agreement of the parties, this Agreement may be renewed for four(4) additional one(1) year terms. ARTICLE IV _ COMMENCEMENT AND COMPLETION OF WORK The CONTRACTOR shall provide all services in the timeframe as set forth in the applicable purchase order. Ownership, risk of loss and responsibility for any and all scarp metal materials to be sold hereunder shall transfer to CONTRACTOR upon CONTRACTOR'S acceptance of the materials at or on CITY's facility. ARTICLE V - PAYMENTS In accordance with the provisions fully set forth in the Agreement Documents, CONTRACTOR shall make full payment for the "sale of white goods and mixed scrap metals not later than the 15th day of the following month for the previous month's business. Thecheck will be made payable to the City of Clermont, 685 West Montrose Street, Clermont, Florida 34711, Attn.: Joseph Van Zile, Administrative Services Director. ARTICLE VI—DISPUTE RESOLUTION - MEDIATION 1. Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to voluntary arbitration or the institution of legal or equitable proceedings by either party. 2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and other matters in question between them by mediation. 3. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Clermont, Lake County, Florida, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 2 ARTICLE VII—INSURANCE AND INDEMNIFICATION RIDER 1. Worker's Compensation Insurance - The CONTRACTOR shall take out and maintain during the life of this Agreement Worker's Compensation Insurance for all his employees connected with the work of this Project and, in case any work is sublet, the CONTRACTOR shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the CONTRACTOR. Such insurance shall comply with the Florida Worker's Compensation Law. In case any class of employees engaged in hazardous work under this Agreement at the site of the Project is not protected under the Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance, satisfactory to the CITY, for the protection of employees not otherwise protected. 2. CONTRACTOR's Public Liability and Property Damage Insurance - The Contactor shall take out and maintain during the life of this Agreement Comprehensive General Liability and Comprehensive Automobile Liability Insurance as shall protect it from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operating under this Agreement whether such operations are by itself or by anyone directly or indirectly employed by it, and the amount of such insurance shall be minimum limits as follows: (a) CONTRACTOR's Comprehensive General, $1,000,000 Each ($2,000,000 aggregate) Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit (b) Automobile Liability Coverages, $1,000,000 Each Bodily Injury&Property Damage Occurrence, Combined Single Limit (c) Excess Liability, Umbrella Form $2,000,000 Each Occurrence, Combined Single Limit Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 3. SubCONTRACTOR's Public Liability and Property Damage Insurance - The CONTRACTOR shall require each of his subcontractors to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of his subcontractors in his policy, as specified above. 4. Indemnification Rider (a) To cover to the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the CITY and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, 3 disease or death, or to injury to or destruction of tangible property (other than the Work itself) , and (2) is caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article. (b) In any and all claims against the CITY or any of its agents or employees by any employee of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this Paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. (c) The CONTRACTOR hereby acknowledges receipt of ten dollars and other good and valuable consideration from the CITY for the indemnification provided herein. ARTICLE VIII -NOTICES All notices shall be in writing and sent by United States mail, certified or registered, with return receipt requested and postage prepaid, or by nationally recognized overnight courier service to the address of the party set forth below. Any such notice shall be deemed given when received by the party to whom it is intended. CONTRACTOR: Transcor Recycling, LLC. 1501 E. 2nd Avenue Tampa, FL 33605 Attn: Candice Agosto, Vice President CITY: City of Clermont Attn: Darren Gray, City Manager 685 W. Montrose Street Clermont, FL 34711 ARTICLE IX—MISCELLANEOUS 1. Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret any provision of this agreement, the prevailing party shall be entitled to recover 4 such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal, in addition to all other sums provided by law. 2. Waiver. The waiver by city of breach of any provision of this agreement shall not be construed or operate as a waiver of any subsequent breach of such provision or of such provision itself and shall in no way affect the enforcement of any other provisions of this agreement. 3. Severability. If any provision of this agreement or the application thereof to any person or circumstance is to any extent invalid or unenforceable, such provision, or part thereof, shall be deleted or modified in such a manner as to make the agreement valid and enforceable under applicable law, the remainder of this agreement and the application of such a provision to other persons or circumstances shall be unaffected, and this agreement shall be valid and enforceable to the fullest extent permitted by applicable law. 4. Amendment. Except for as otherwise provided herein, this agreement may not be modified or amended except by an agreement in writing signed by both parties. 5. Entire Agreement. This agreement including the documents incorporated by reference contains the entire understanding of the parties hereto and supersedes all prior and contemporaneous agreements between the parties with respect to the performance of services by CONTRACTOR. 6. Assignment. This agreement is personal to the parties hereto and may not be assigned by CONTRACTOR, in whole or in part, without the prior written consent of city. 7. Venue. The parties agree that the sole and exclusive venue for any cause of action arising out of this agreement shall be Lake County, Florida. 8. Applicable Law. This agreement and any amendments hereto are executed and delivered in the State of.Florida and shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Florida. 9. Public Records. Contractor expressly understands records associated with this project arepublic records and agrees to comply with Florida's Public Records law, to include, to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the CITY in order to perform the services contemplated herein. (b) Provide the public with access to public records on the same terms and conditions that the CITY would provide the records and at a cost that does 5 If not exceed the cost provided in this Florida's Public Records law or as otherwise provided by 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. (d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all public records in possession of CONSULTANT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored .elecironically must be.provided to the CITY in a format that is compatible with the information technology systems of the CITY. (e) IF CONTRACTOR HAS . QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR SHALL CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT CITY CLERK'S OFFICE, (352)241-7331. ARTICLE X - AGREEMENT DOCUMENTS The Agreement Documents, as listed below are herein made fully a part of this Agreement as if herein repeated. Document Precedence: 1. This Agreement 2. Purchase Order 3. CITY's Purchasing Policy 4. All documents contained in Manatee County Request for Proposal No. 15- 0975CP and CONTRACTOR's response thereto. 6 i IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this %/, day of Ulf--- ,2016. City of C ont .,,,,e_e 4‘:?...4-4____--- Gail L. Ash, Mayor Attest: .,- , , , /4314-1 Tracy Ackroyd owe, City Clerk ~•.:/ . Transcor Recycling, LLC. i B ti Y: Candice Agosto, Vice Pr: j-nt Attest: Corporate Secretary (Name Printed or Typed) 7 EXHIBIT A AGREEMENT No. 15-0975CP BETWEEN MANATEE COUNTY, FLORIDA AND TRANSCOR RECYCLING, LLC. FOR COLLECTION AND PURCHASE OF WHITE GOODS AND SCRAP METAL THIS AGREEMENT NO. 15-0975CP for the Collection and Purchase of White Goods and Scrap Metal at the Manatee County Lena Road Landfill is entered Into by and between Manatee County, Florida. a political subdivision of the State of Florida, located at Post Office Box 1000, Bradenton, Florida 34206 (hereinafter referred to as "COUNTY"), and Transcor Recycling, LLC, a Florida corporation, located at 1501 E. 2"d Avenue,Tampa, Florida 33605 (hereinafter referred to as"CONTRACTOR`). WHEREAS,COUNTY has determined that it is necessary,expedient and in its best interest of COUNTY to retain, obtain or employ CONTRACTOR for the Collection and Purchase of White Goods and Scrap Metal at the Manatee County Lena Road Landfill;and WHEREAS, CONTRACTOR submitted a proposal, In response to Request for Proposal #15-0975CP and COUNTY conducted a competitive selection procedure in accordance with Manatee County Code of Laws, resulting In this Agreement. NOW THEREFORE, in consideration of the foregoing premises and the mutual covenants herein contained, it is agreed by and between the parties hereto as follows: ARTICLE '', SCOPE OF SERVICES CONTRACTOR covenants and represents to COUNTY that it shall provide services for the Collection and Purchase of White Goods and Scrap Metal as set forth in the Scope of Services, attached as Exhibit"A". ARTICLE 2. EXHIBITS INCORPORATED This Agreement consists of a primary contract, and four(4) Exhibits,which are as follows: Exhibit"A" Scope of Services Exhibit"B" Compensation Exhibit"C" Affidavit of No Conflict Exhibit"D" Insurance Requirements These Exhibits are attached hereto and are Incorporated into this Agreement. In the event of a conflict between the terms and conditions provided In the body of this Agreement and any Exhibit, the provisions contained within the Agreement shall prevail unless the term or provision in the Exhibit specifically states that It shall prevail. ARTICLE 3. COMPENSATION CONTRACTOR shall be entitled to compensation as provided in Exhibit "B" upon acceptable performance of the services specified in Exhibit A .CONTRACTOR is advised that no contractor or employee of COUNTY may authorize a change in the compensation or terms set forth in Exhibit"B".Any change in compensation or terms for CONTRACTOR must be authorized in writing by COUNTY. ARTICLE 4, CONTRACT TERM This Agreement shall commence on October 1, 2015 (hereinafter referred to as the "Effective Date"). This Agreement shall remain in effect for an initial term of one (1) year from the Effective Date. The Agreement may be renewed for four (4) additional terms of one(1)year apiece upon mutual consent of both parties. ARTICLE 5,, BION-PERFORMANCE AND TERMINATION This Agreement may be terminated as follows: A. If COUNTY determines that the performance of CONTRACTOR is not satisfactory, COUNTY shall have the option of (1) immediately terminating the Agreement; or (2) notifying CONTRACTOR of the deficiency with a demand that the deficiency be corrected within a specified reasonable time, otherwise the Agreement shall be deemed terminated at the end of such time. B. If COUNTY requires termination of this Agreement for reasons other than unsatisfactory performance of CONTRACTOR, COUNTY shall notify CONTRACTOR in writing of such termination, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. COUNTY shall be entitled to compensation for all fees collected and receipts received through the date of termination, together with all approved expenses incurred In connection therewith, provided COUNTY has given CONTRACTOR written notice fifteen (15) days in advance of the date of such termination. C. If CONTRACTOR fails to commence services to COUNTY, as defined in Exhibit "A", within thirty (30) days of the Effective Date, COUNTY may immediately terminate the Agreement upon written notice to CONTRACTOR. D. In the event of early termination, all completed work and drafts-in-progress, along with all related data, studies, charts, computations, correspondence, and any other files or records related to this Agreement possessed or controlled by CONTRACTOR shall become the property of COUNTY, and shall be surrendered to COUNTY with all payments due. ARTICLE 6. TRANSITION SERVICES UPON TERMINATION Upon termination or expiration of this Agreement, CONTRACTOR shall cooperate with COUNTY to assist with the orderiy transfer of the services provided by CONTRACTOR to COUNTY. Prior to termination or expiration of the Agreement, COUNTY may require CONTRACTOR to perform and, if so required, CONTRACTOR shall perform, certain transition services necessary to shift the services of CONTRACTOR to another provider or to COUNTY itself as described below (hereinafter referred to as the 'Transition Services"). The Transition Services may Include but shall not be limited to: A. Working•with COUNTY to jointly develop a mutually agreed upon Transition Services plan to facilitate the termination of the services; B. Performing the Transition Services plan activities; C. Answering questions regarding the services on an as-needed basis; and D. Providing such other reasonable services needed to effectuate an orderly transition to a new service provider or to COUNTY. ARTICLE 7, COUJdTY OWNERSHIP OF WORK PRODUCT The parties agree that all documents, records, and files produced by CONTRACTOR in connection with the services rendered pursuant to this Agreement shall be the property of COUNTY and shall be provided to COUNTY upon request. CONTRACTOR shall be permitted to retain copies, including reproducible copies, of drawings and specifications for Information, reference and use in connection with CONTRACTOR's endeavors. in the event of termination of this Agreement,any reports, records,documents,forms,and other data and documents prepared by CONTRACTOR whether finished or unfinished shall become the property of COUNTY and shall be delivered by CONTRACTOR to COUNTY within seven(7)days of termination of this Agreement by either party.Any compensation due to CONTRACTOR shall be withheld until all documents are received as provided herein. ARTICLE S, JtESPONSIBILITIES9F COUNTY A. COUNTY shall inform CONTRACTOR of Its designated Contract Manager. The Contract Manager shall have the authority to transmit instructions, receive information, interpret and define the policy of COUNTY, and make decisions pertinent to services covered by this Agreement subject to oversight by the County Administrator and legal advice by the County Attorney. COUNTY reserves the right to designate a different Contract Manager, provided that CONTRACTOR is given written notice thereof. The Contract Manager is not authorized to approve any amendment, revision or change order to this Agreement absent a pre-approved amendment to the Agreement. B. COUNTY shall make available, at no cost to CONTRACTOR, information relative to the project that is useful in the performance of the Scope of Services. C. COUNTY shall give prompt notice to CONTRACTOR whenever COUNTY determines there is a defect in CONTRACTOR's performance. D. COUNTY shall give careful and reasonable consideration to the findings and recommendations of CONTRACTOR, and shall respond and Issue notices to proceed in a timely manner so as not to unduly delay CONTRACTOR's performance under this Agreement. ARTICLE 9, RESPONSIBILITIES QF CONTRACTOR A. CONTRACTOR shall notify COUNTY of its lead Agent with respect to the services to be performed by CONTRACTOR pursuant to this Agreement CONTRACTOR's Agent shall have the authority to make representations on behalf of CONTRACTOR, receive information, give instruction to other agents of CONTRACTOR, interpret and define the needs of CONTRACTOR, and make decisions pertinent to services covered by the Agreement. Subject to the limitations of this Agreement, CONTRACTOR may designate a different lead Agent, provided that COUNTY is given written notice thereof. B. CONTRACTOR shall perform the services in accordance with the terms and conditions of this Agreement.CONTRACTOR shall provide all tools, materials,goods, and services required In the performance of this Agreement C. CONTRACTOR shall ensure that all employees assigned to render services under this Agreement are duly qualified, registered, licensed, or certified to provide the services required. All services shall comply with such reasonable supplemental written memoranda and directives provided by COUNTY's Contract Manager which are not in conflict with this Agreement D. CONTRACTOR shall not knowingly engage in any contractual or professional obligations that create an appearance of a conflict of interest with respect to the services provided pursuant to this Agreement. CONTRACTOR acknowledges this obligation and has executed the Affidavit of No Conflict,attached as Exhibit°C°. E. CONTRACTOR shall be entitled to rely upon information which may be provided by COUNTY or others on behalf of COUNTY. CONTRACTOR shall, however, call to COUNTY's attention any errors or deficiencies noted in such information provided and assist COUNTY, to the extent practicable, In the identification and resolution of same. Information referred to above includes, but is not limited to, additional services, consultations, Investigations, reports, and the like. COUNTY shall, however, hold CONTRACTOR fully responsible for verifying, to the extent practicable, documents and information provided by COUNTY and identifying obvious deficiencies concerning documents and information provided. ARTICLI;jL piSPUTE RESOLUTION Disputes shall be resolved in accordance with Sections 2-28-63 and 2-26-64 of the Manatee County Code of Ordinances. Any dispute resolution constituting a material change in this Agreement will not be final until approved by the County Administrator or designee. If such dispute involves the percentage of the work completed by CONTRACTOR, CONTRACTOR shall, as promptly and reasonably as possible after resolution of such dispute,forward payment to COUNTY of any amount determined to be due and owing. The parties shall bear their own attorneys' fees and costs related to dispute resolution regardless of the resolution of the dispute. ARTICLE 91, RECORDS: AUDITS: LICENSES A. CONTRACTOR shall maintain records, accounts, property records, and personnel records in accordance with generally accepted accounting principles, as deemed necessary by COUNTY to assure proper accounting of funds and compliance with the provisions of this Agreement. B. CONTRACTOR shall provide COUNTY all Information, reports, records and documents required by this Agreement or by COUNTY ordinances, rules or procedures, or as needed by COUNTY to monitor and evaluate CONTRACTOR's performance. Such materials shall also be made available to COUNTY for audit purposes. Inspection or copying will occur during normal business hours, and as often as COUNTY may deem necessary. COUNTY may request an audit prepared by an independent certified public accountant regarding the regulatory fees collected and remitted pursuant to Eribf "B". CONTRACTOR, at its sole cost and expense, shall cause such audit to be prepared and submitted to COUNTY within the time period requested by COUNTY. COUNTY shall have the right to obtain and Inspect any audit pertaining to the performance of this Agreement or CONTRACTOR made by any local, state or federal agency. To the extent such materials are in the possession of a third party, CONTRACTOR must obtain them from that third party, or certify to COUNTY why it was unable to do so. CONTRACTOR shall retain all records and supporting documents related to this Agreement In accordance with all applicable laws, rules and regulations, and, at a minimum, retain all records and supporting documents related to this Agreement, except duplicate copies or drafts, for at least three (3) years after the termination date. C. CONTRACTOR shall obtain any licenses required to provide the Scope of Services and maintain full compliance with any licensure requirements. Copies of reports provided to or by any licensing or regulatory agency shall be forwarded to COUNTY within ten (10) days after receipt by CONTRACTOR. CONTRACTOR shall immediately inform COUNTY if it or any of its principals or agents working on this Agreement lose, or have suspended, any required license. ARTICLE 12, INDEMNIFICATION, CONTRACTOR shall indemnify and hold harmless COUNTY, its officers, employees and agents, from and against any and all claims, suits, actions, causes of action, damages, liabilities, losses and costs, including but not limited to attorneys' fees and paralegals' fees,caused or contributed to by the negligence, recklessness, or intentional wrongful conduct or omissions of CONTRACTOR or anyone employed or utilized by CONTRACTOR In the performance of the Agreement Such indemnification shall include the payment of all valid claims, losses, and judgments of any nature whatsoever in connection therewith and the payment of all related fees and costs. COUNTY reserves the right to defend itself with its own counsel or retained counsel at CONTRACTOR's expense. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph or be deemed to affect the rights, privileges and immunities of COUNTY as set forth In Section 768.28, Florida Statutes. ARTICLE j3a. INSURANCE A. CONTRACTOR shall maintain insurance policies that comply with the Insurance Requirements, attached as Exhibit°D", during the term of this Agreement, including any renewal terms. B. Certificates of Insurance and copies of policies evidencing the insurance coverage specified in Exhibit °D" shall be filed with the Purchasing Official before the Effective Date of this Agreement. The required certificates shall identify the type of policy, policy number, date of expiration, amount of coverage, companies affording coverage, shall refer specifically to the title of this Agreement No changes shall be made to the Insurance coverage without prior written approval by COUNTY's Risk Management Division. C. Insurance shall remain in force for at least three (3) years after completion of services under this Agreement in the amounts and types of coverage as required by Exhibit"D°, including coverage for all products and services completed under this Agreement D. If the initial insurance expires prior to the termination of this Agreement, renewal Certificates of Insurance and required copies of policies shall be furnished by CONTRACTOR and delivered to the Purchasing Official thirty (30) days prior to the date of their expiration. E. Nothing in this Agreement shall be interpreted as a waiver by COUNTY of its rights, including the limitations of the waiver of immunity as set forth in Section 768.28, Florida Statutes, or any other statute, and COUNTY expressly reserves these rights to the full extent allowed by law. ARTICLE'14, RELATIONSHIP OF PARTIES The relationship of CONTRACTOR to COUNTY shall be that of an Independent contractor. Nothing herein contained shall be construed as vesting or delegating to CONTRACTOR or any of the officers, employees, personnel, agents, or subcontractors of CONTRACTOR any rights, Interest or status as an employee of COUNTY. COUNTY shall not be liable to any person,firm or corporation that Is employed by, under contract with, or provides goods or services to CONTRACTOR in connection with the Scope of Services or for debts or claims accruing to such parties. CONTRACTOR shall promptly pay, discharge, or take such action as may be necessary and reasonable to settle such debts or claims. ARTICLE 1b. ASSIGNMENT AND SUBCONTRACTS COUNTY has selected CONTRACTOR for its stated skills and abilities, as outlined In the Request For Proposal process. CONTRACTOR has represented to COUNTY that it has the in-house capabliities, resources and expertise to perform the services required by this Agreement Therefore, CONTRACTOR shall not assign or transfer any right or duty under this Agreement to any other party without the prior written consent of COUNTY. In the unlikely event CONTRACTOR asserts it is necessary to utilize the services of third parties to perform any service under this Agreement, CONTRACTOR shall first obtain prior written approval of COUNTY. Approval to utilize any third party shall not relieve CONTRACTOR from any direct liability or responsibility to COUNTY pursuant to the provisions of this Agreement, or obligate COUNTY to make any payments other than as outlined in this Agreement ARTICLE 16, OWNERSHIP AND SALE OF RIGHTS:SUCCESSORS BOUND The Identity of the person or the entity, if not an individual, who or which shall be the owner or holder of the rights granted under this Agreement is very Important to COUNTY. Therefore, in addition to the limitations of Article 16 above, CONTRACTOR shall not, without prior written consent of COUNTY, sell, pledge, transfer, or otherwise encumber this Agreement, or the rights granted therein, to any third party. Assignment, pledge, sale, transfer, or encumbrance of any interest in or under this Agreement or the rights hereunder to anyone other than CONTRACTOR, without the prior written consent of COUNTY, shall be grounds for immediate termination of this Agreement. All terms and conditions of this Agreement shall extend to and be binding on any approved purchaser, assignee,or other successor in interest ARTICLE 17, CERTIFICATION OF NON-PAYMENT OF COMMISSION OR GIFT CONTRACTOR warrants that it has not employed or retained any company or person other than a bona fide employee working solely for CONTRACTOR to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person other than an employee working solely for CONTRACTOR, any fee, commission, percentage, brokerage fee, gift, contingent fee, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, COUNTY shall have the right to annul this Agreement without liability, or at its discretion to recover the full amount of such fee, commission, percentage, brokerage fee, gift,or contingent fee. ARTICLE 18. NOTICES All notices, requests and authorizations provided for herein shall be In writing and shall be provided to the other party by hand delivery or mailed through the U.S. Mail, postage paid, certified or registered mall, return receipt requested, addressed as follows: To COUNTY. Manatee County Utilities Department Attn: Director 4410 66th Street West, Bradenton, FL 34210 To CONTRACTOR: Transcor Recycling, LLC Attn: Candice Agosto 1501 E.2"d Avenue,Tampa, FL 33605 (813)579-1069 Email: candice@transcorfc.com ARTICLE 19, NON-DISCRIMINATION During the performance of this Agreement. CONTRACTOR agrees that It will not discriminate against any employee or applicant for employment because of race, creed, sex, color, national origin, disability or age, and will take affirmative action to Insure that all employees and applicants are afforded equal employment opportunities without discrimination because of race, creed, sex, color, national origin, disability or age. Such action will be taken with reference to, but shall not be limited to, recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, and rates of training or retraining (including apprenticeship and on- the-job training). CONTRACTOR further agrees that no person in the United States shall, on the grounds of race, creed, sex, color, national origin, disability or age, be excluded from participation in, be.denied the proceeds of, or be subject to discrimination in the performance of this Agreement. ARTICLE 20. KEY PERSONNEL Due to their unique skills, knowledge and backgrounds, upon which COUNTY expressly relied in selecting CONTRACTOR, CONTRACTOR shall not remove from active participation on the project the following agents until alternate personnel acceptable to COUNTY are approved In writing by COUNTY. Candice Agosto Vice-President ARTICLE 21, PUBLIC RECORDS ACT COMPLIANCE Pursuant to Section 119.0701, Florida Statutes, to the extent CONTRACTOR is performing services on behalf of COUNTY, CONTRACTOR must: A. Keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. B. Provide the public with access to public records on the same terms and conditions that COUNTY would provide the records and at a cost that does not exceed the cost provided In Chapter 119, Florida Statutes,or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except at authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to COUNTY all public records in the possession of CONTRACTOR upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to COUNTY in a format that is compatible with COUNTY's information technology system. ARTICLE 2z, NON.PUBLIC INFORMATION CONTRACTOR agrees, during the term of this Agreement, not to divulge, furnish or make available to any third person, firm, or organization, without COUNTY's prior written consent,or unless incident to the proper performance of CONTRACTOR's obligations hereunder, or produced in judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services rendered by CONTRACTOR pursuant to this Agreement.CONTRACTOR shall require all of its employees and subcontractors to comply with the provisions of this article. ARTICLE 23. JIIISCEL)_ANEOUS TERMS A. Ethical Conduct; Media Relations. CONTRACTOR recognizes that in rendering the services required in this Agreement, it Is working for the Interests of the citizens of Manatee County, Florida, subject to public observation, scrutiny and inquiry. Based upon said recognition, CONTRACTOR shall, in all of its interactions with COUNTY and its citizens and business interests, conduct Itself in accordance with the utmost professionalism and ethical standards, including any professional ethical codes related to the various professionals who will be working on this Agreement. To ensure COUNTY is properly represented in any media stories related to this Agreement, CONTRACTOR's agents shall refer any media requests for interviews, information or comments to COUNTY's Contract Manager for response. B. Compliance With Laws. CONTRACTOR acknowledges that COUNTY is subject to restraints, limitations, regulations and controls Imposed or administered pursuant to numerous applicable statutes, laws, ordinances, codes, rules and regulations of federal, state, regional and certain local governmental agencies and authorities. CONTRACTOR agrees that all services rendered or performed by CONTRACTOR pursuant to the provisions of this Agreement shall be in compliance with said applicable statutes, laws,ordinances, codes, rules and regulations of local,regional, state and federal agencies and authorities. C. Entire Agreement; Amendments; Calculation of Days.This Agreement and the exhibits attached hereto and Incorporated herein constitute the entire, fully integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous verbal or written agreements between the parties with respect thereto, excepting any past or contemporaneous written or verbal agreements expressly and clearly incorporated by reference within this Agreement. This Agreement may be amended only by written document, properly authorized,executed,and delivered by both parties, hereto.My act or delivery that must be completed on a Saturday, Sunday, or COUNTY holiday shall be adequate if performed or delivered on the following business day. D. No Waiver. The indulgence of either party with regard to any breach or failure to perform any provision of this Agreement shall not be deemed to constitute a waiver of the provision of any portion of this Agreement, either at the time the breach or failure occurs,or at any time throughout the term of this Agreement. E. Force Majeure. Neither party shall be In default of its obligations hereunder to the extent that performance of such obligations or any of them is delayed or prevented by Force Majeure. Force Majeure shall include, but shall not be limited to, hostility,revolution, civil commotion, strike, epidemic,fire,flood,wind,earthquake, hurricane, or other disruptive event of nature, act of terrorism, explosion, lack of or failure of transportation facilities, any law, proclamation, regulation,ordinance or other act of government, or any act of God or any cause, whether of the same or different nature,existing or future;provided that the cause,whether or not enumerated in this Agreement is beyond the control and without the fault of the party seeking to invoke this paragraph. F. Governing Law; Jurisdiction and Venue. CONTRACTOR consents and agrees that all legal proceedings related to the subject matter of this Agreement shall be governed by the laws of and maintained in courts within the State of Florida. CONTRACTOR further consents and agrees that jurisdiction for such proceedings shalllie exclusively with such court and venue shall be in Manatee County, Florida, or, if in federal court,the Middle District of Florida,Tampa Division. G. Attorneys' Fees and Costs. Each party hereto shall be solely responsible for paying Its attorneys' fees and costs in any protest, litigation, dispute resolution proceeding,settlement negotiation,or any other matter related to this Agreement. H. No Conflict. By accepting award of this Agreement, CONTRACTOR, for itself and Its directors,officers and employees, represents that it presently has no interest in and shall acquire no interest in any business or activity which would conflict in any manner with the performance of duties or services required hereunder. I. Public Records. By accepting award of this Agreement, CONTRACTOR acknowledges that the portion of its books and records related to its contracting activities with COUNTY may become subject to inspection and copying under the Florida Public Records Act,Chapter 119, Florida Statutes, and that it will in all respects comply with any requirements of that Act J. Public Entity Crimes. CONTRACTOR has been made aware of the Florida Public Entity Crimes Act, Section 287.133, Florida Statutes, specifically paragraph 2(a), and COUNTY's requirement that CONTRACTOR comply with said Act in all respects prior to and during the term of this Agreement K. No Third-Party Beneficiaries. This Agreement Is solely tor the benefit of the parties hereto, and no right, privilege, or cause of action shall by reason hereof accrue upon, to, or for the benefit of any third party. Nothing in this Agreement Is intended or shall be construed to confer upon or give any person, corporation, partnership, trust, private entity, agency, or other governmental entity any right, privilege, remedy, or claim under or by reason of this Agreement or any provisions or conditions hereof. L. Joint Preparation. The parties agree that they have each participated In the drafting of this Agreement and that the rules with respect to construing ambiguities against the drafter of a contract shall not apply in any action or litigation regarding this Agreement. M. Legal References. All references to statutory sections or chapters shall be construed to include subsequent amendments to such provisions and refer to the successor provision of any such provision. References to°applicable law"and"general law"shall be construed to Include provisions of local, state and federal law,whether established by legislative action,administrative rule or regulation, or judicial decision. N. Severability. The provisions of this Agreement are declared by the parties hereto to be severable. In the event any term or provision of this Agreement shall be held invalid by a court of competent jurisdiction, such invalid term or provision should not affect the validity of any term or provision hereof; and all such terms and provisions hereof shall be enforceable to the fullest extent permitted by law as if such invalid term or provision had never been part of this Agreement; provided, however, if any term or provision of this Agreement is held to be invalid due to the scope or extent hereof, then, to the extent permitted by law, such term or provision shall be automatically deemed modified in order that it may be enforced to the maximum scope and extent permitted by law. O. Headings.This Agreement is to be read as a whole.All titles, articles,and descriptive headings of paragraphs herein are inserted for convenience only and shall not affect the construction or interpretation of the Agreement's actual terms. ARTICLE 24, TAXES COUNTY is exempt from Federal Excise and State Sales Taxes (F.E.T. Exemption Certificate No. 59-78-0089K; FL Sales Tax Exemption Certificate No. 51-02-027548- 53C). Therefore, CONTRACTOR Is prohibited from charging or imposing any sales or service taxes. Nothing herein shall affect CONTRACTOR's normal tax liability. CONTRACTOR shall, at its own expense, pay federal, state, and local taxes which may be levied or imposed upon CONTRACTOR under applicable law to the extent that CONTRACTOR is responsible for the payment of such taxes. ARTICLE 25. AUTHORITY TO EXECUTE Each of the parties,hereto-:represents.to the other that it has lawful authority to enter into.thisAgreement and has authorized'the execution of this Agreement by its respective representative who has executed this Agreement signatures to follow on next page IN WITNESS WHEREOF, the parties hereto have caused, this Agreement No. 15- 0975CP for the Collection and Purchase of White Goods and Scrap Metal at the Manatee County Lena Road Landfill to be duly executed by their authorized representatives on the n speisiye dates below. TRANSCOR RECYCLING,LLC By; C4nd,ce165-tv, r Print Name&T of Above Signer COUNTY OF MANATEE, FLORIDA 4 411iiA Melissa,! endel,CPPO Purchasing Oftel Date: /6 9715 EXHIBIT"A" SCOPE OF SERVICES GENERAL OVERVIEW CONTRACTOR will provide for the collection,purchase and processing of white goods and scrap metal from the Manatee County Lena Road Landfill. The goods that are to be collected, purchased and processed include, but are not limited to: large household appliances such as washers; dryers; refrigerators; stoves; air conditioners; hot water heaters; exterior auto parts; fencing; and various scrap metal. Some of the goods to be processed are Freon containing appliances. GENERAL REQUIREMENTS CONTRACTOR shad perform all services specified In this Scope of Services in accordance with generally accepted professional standards. CONTRACTOR shall perform all services as expeditiously as is consistent with professional skill and care and the orderly progress of the worts. All work of any kind,shall conform to and be In compliance with applicable codes. laws, ordinances, regulations and restrictions. The following describes the °Scope of Services°that is CONTRACTOR's responsibility. L. Collectibles 1. Collection of materials under the this agreement will be only from the Manatee County Landfill located at 3333 Lena Road, Bradenton,FL 34202 and does not include additional sites or methods of collection. 2. The materials to be collected, purchased and processed include, but are not limited to: large household appliances such as washers; dryers, refrigerators, stoves, air conditioners, hot water heaters, exterior auto parts, fencing, and various scrap metal. Some of the goods to be processed are Freon containing appliances. 3. CONTRACTOR must remove all Freon and capacitors, that may or may not, contain Polychlorinated Biphenyls (PCB)from white goods that are staged in the designated area.The white good are to include large household appliances, including but not limited to:washer,dryers,refrigerator,stoves,air conditioners and scrap metal pieces. PCBs will be given to COUNTY after each removal session for disposal and COUNTY shall assume all Federal, State and local requirements regarding the processing of these materials. 4. CONTRACTOR shall provide transport of the white goods in such a manner as to property contain any fluids within the materials from leaking and causing contamination of the surrounding environment. b. Downaradinq 1. If a lot is to be downgraded, CONTRACTOR must notify COUNTY prior to processing or disposal of white goods/scrap metal, and supply reasonable justifications for downgrading. 2. COUNTY agrees that any lot of recydables which exceed five percent of total volume contamination rate shall be downgraded and that payment for said lot shall be set accordingly. For this Scope of Service,the following are considered contaminants:dirt and other materials foreign to the general content of lot and which cannot be processed with the lot g, Hours of Operation 1 CONTRACTOR shall collect and purchase all white goods and scrap metals from the Manatee County Lena Road Solid Waste Management Facility, between the hours of 8:00 a.m.and 4:00 p.m., Monday through Friday,holidays excluded. Contractors Facilities 1. CONTRACTOR shall provide a map showing the exact location of their proposed or existing facility. 2. CONTRACTOR shall provide COUNTY with a complete report initially and provide updates regarding the receipt of any of the following notices from Local, State or Federal Agencies: • Warning Notices • Consent Orders • Notices of Violations 3. CONTRACTOR shall pass over the Lena Road Solid Waste Management Facility scale prior to the collection of white goods and scrap metal and, then again after collection has been completed in order to ascertain weights leaving the Landfill facility. When reporting is presented as set forth In CONTRACTOR's Responsibilities below, the weight receipts should match those originally documented at the Landfill at the time of collection. e. Safety Plans 1. All vehicles involved In the transportation of the white goods and scrap metal leaving the Landfill facillty must be equipped in a manner that shall prevent the escape of materials that may create litter. 2. CONTRACTOR shall provide COUNTY with their Safety Plan prior to execution of a contract. f. Operation Plans 1. CONTRACTOR's vehicle shall have loading capability that shall accommodate loading from a concrete and/or dirt-base site. EL Inspections 1 CONTRACTOR shall permit COUNTY to conduct full and open inspection(s)of their facility, payment and reimbursement records, and weighting scales upon advance written request by COUNTY. b, Contractor Responsibilities 1 CONTRACTOR shall accept all expenses associated with the processing of the white goods and scrap metal which could include but is not limited to baling, Freon removal and disposal, PCB removal, shredding, compacting,etc. 2. In the event of a natural or manmade disaster, such as a hurricane, tornado, explosion,etc., CONTRACTOR shall be capable of responding within seventy- two hours after being requested by COUNTY. This response shall be targeted to initiate collection and removal of all applicable white goods/scrap metal from debris staging areas as designated by COUNTY.CONTRACTOR shall provide COUNTY with a twenty-four (24) hour, seven days a week emergency activation number for notification. 3. CONTRACTOR must show that the end product has gone to a vendor with a recycling permit and supply that permit number. EXHIBIT. B EXHIBIT"B" COMPENSATION 1. CONTRACTOR shall pay COUNTY One Hundred Twenty Eight Dollars ($128.00) for each gross ton (GT) of White goods and scrap metal collected at the Manatee County Lena Road.Landfill. 2. A copy of COUNTY's certified scale receipts and full payment for the materials purchased, shall be submitted to the Solid Waste Section :of Utility Operations Department onorbefore the fifteenth (15th) day of each month for the previous month. 3. Payments shall remain firm for the first twelve month base agreement term. Requested forremaining terms, maybe adjusted in accordance with market payment changes o the g J indexforWhite goods and scrap"metal. EXHIBIT"C" AFFIDAVIT OF NO CONFLICT STATE OF FLORIDA COUNTY OF BEFORE ME,the undersigned authority, personally appeared Candice Agosto,Vice President of Transcor Recycling,LLC.,a Florida limited liability corporation,with full authority to'bind Transcor Recycling.LLC.(hereinafter"CONTRACTOR"),who being first duly sworn, deposes and says that CONTRACTOR: (a) Is not currently engaged and will not become engaged in any obligations, undertakings or contracts that will require CONTRACTOR to maintain an adversarial role against the County or that will impair or influence the advice, recommendations or quality of work provided to the County; and (b) Has provided full disclosure of all potentially conflicting contractual relationships and full disclosure of contractual relationships deemed to raise a question of c onftict(s);and (c) Has provided full disclosure of prior work history and qualifications that may be deemed to raise possible question of conflict(s). Affiant makes this Affidavit for the purpose of inducing Manatee County, a political subdivision of the State of Florida, to enter into this Agreement No. 15-0975CP for the Collection and Purchase of White Goods and Scrap Metal at the Manatee County Lena Road Landfill. 1,�1 DATED this/3 f day of , 2015. Signature Y#L" (\3L" -2411 The foregoing Instrument was sworn to and acknowledged before me this 17 day of 140.[ , 2015, by Candice Agosto, as t- :•,,- +., Transcor Recycli g, LLC, a Florida limited liability corporation. She . ' .rsonal kn}.,, • me or has produced as Identification. 2d2401 1--- ;�- �� wlmrno. ~ , Notary Public, State, 01414Ut. 1 Florida at Large 11.,A in owoeeea i _��,', s "a Ms tb6"2211 Commission No. fF 01. '512-co EXHIBIT"D" INSURANCE REQUIREMENTS CONTRACTOR shall, at its own expense, carry and maintain Insurance coverage from responsible companies duly authorized to do business In the State of Florida as set forth in this Exhibit "Do. CONTRACTOR shall procure and maintain property insurance upon the entire project, if required,to the full Insurable value of the scope of work. COUNTY and CONTRACTOR waive against each other and COUNTY's separate Contractors, Design Consultants, Subcontractors, agents end employees of each and all of them, all damages covered by property Insurance provided herein, except such rights as they may have to the proceeds of such insurance. CONTRACTOR and COUNTY shall, where appropriate, require similar waivers of subrogation from COUNTY's separate Contractors, Design Consultants and Subcontractors and shall require each of them to Include similar waivers in their contracts. The Commercial General Liability Policy and Automobile Liability Policy provided by CONTRACTOR to meet the requirements of this Exhibit "D" shall name Manatee County, Florida, as an additional Insured as to the operations of CONTRACTOR under the Agreement and shall contain severability of interests provisions. Manatee County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Agreement Number or Project Number, or specific Project description, and must read: For any and all work performed on behalf of Manatee.County." The"Certificate Holder"should read as follows: Manatee County Board of County Commissioners Bradenton, Florida The amounts and types of Insurance coverage shall conform to the minimum requirements set forth in this Exhibit "D" with the use of insurance Services Office (ISO) forms and endorsements or their equivalents. If CONTRACTOR has any self-insured retentions or deductibles under any of the below listed minimum required coverage,CONTRACTOR must identify on the Certificates of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-Insured retentions or deductibles will be CONTRACTOR's sole responsibility. Coverage shall be maintained without interruption from the date of commencement of the work until the date of completion and acceptance of the work by the COUNTY or as specified in the Agreement,whichever is longer. CONTRACTOR and/or its insurance carrier shall provide thirty (30) days written notice to COUNTY of policy cancellation or nonrenewal on the part of me insurance carrier or CONTRACTOR. CONTRACTOR shall also notify COUNTY, in a like manner,within twenty- four (24) hours after receipt of any notices of expiration, cancellation, nonrenewal, or material change In coverage or limits received by CONTRACTOR from Its Insurer, and nothing contained herein shall relieve CONTRACTOR of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONTRACTOR hereunder, CONTRACTOR shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. In the event CONTRACTOR does not maintain the insurance coverage(s)required herein, COUNTY may terminate the Agreement or, at its sole discretion, be authorized to purchase such coverage(s) and charge CONTRACTOR for such coverage(s) purchased. If CONTRACTOR falls to reimburse COUNTY for such costs within thirty (30) days after demand, COUNTY has the right to offset these costs from any amount due CONTRACTOR under the Agreement or any other agreement between COUNTY and CONTRACTOR. COUNTY shall be under no obligation to purchase such insurance,nor shall it be responsible for the coverage(s)purchased or the insurance company or companies used. The decision of COUNTY to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Agreement. In the event,the Initial or any subsequently issued Certificate(s) of Insurance expires prior to the completion of the scope of work, CONTRACTOR shall furnish to COUNTY a renewal or replacement Certificate(s) of Insurance no later than ten (10) calendar days after the expiration date on the certificate. Failure of CONTRACTOR to provide COUNTY with such renewal certificate(s)shall be considered justification for COUNTY to terminate any and all Agreements. Insurance/Bond Type Required Limits 1. ®Automobile Liability: Bodily Injury and Property Damage, Owned/Non-Owned/Hired;Automobile Included $ 1.000.000 each occurrence This policy shall contain severability of Interests'provisi a 2. ®Commercial General Bodily Injury and Property Damage Liability:(Occurrence Form- $.1.000.000 single limit per occurrence; patterned after the current ISO form) $p.000.000 aggregate This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. This policy shall contain severability of Interests'provisions. 3. Employer's Liability: $ 1.000.000 single limit per occurrence Insurance/Bond Type Required Limits 4. Worker's Compensation: Statutory Limits of Chapter 440, Florida Statutes, and all Federal Government Statutory Limits&Requirements 6. ®Other Insurance, as noted: a. 0 Aircraft Liability $ per occurrence Coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the services under this Agreement. b. 0 Installation Floater If the resulting Agreement does not Include construction of or additions to above ground building or shuctures,but does involvethe Installation of machinery orequipment, successful bidder shall provide an Installation Floater with the minimum amount of insurance to be 100% of the value of such addition(s),building(s),or structure(s). c. ❑ Maritime Coverage(Jones Act) $ per occurrence Coverage shall be maintained where applicable to the completion of the Work. d. ®Pollution $ 1.000.000 per occurrence e. 0 Professional Liability $ par claim and in the aggregate • $1,000,000 per claim and In the aggregate • $2,000,000 per claim and in the aggregate f. 0 Project Professional Liability $ per occurrence g. 0 Property Insurance If the resulting Agreement Includes construction of or additions to:above ground buildings or structures, bidder shall provide"Builder's Risk"Insurance with theminimum amount of Insurance to be 100% of the value of such addition(s), building(s), or structure(s). Insurance!Bond Type Required Limits To the extent that property damage Is covered by commercial Insurance, Owner and successful bidder agree to waive all subrogation rights against each other, except such rights as they may have to the proceeds of such Insurance: Successful bidder shall require a similar waiver of subrogation,from each of its bidder personnel and sub- consultants, to Include Special Consultants; successful bidder shall provide. satisfactory written confirmation to Owner of these additional waivers. h. 0 U.S. Longshoreman's and Harborworker's Act Coverage shall be maMtalned where applicable to the completion of the Work. I. 0 Valuable Papers Insurance $ per occurrence J. ❑Watercraft $ per occurrence 6. 0 Bid Bond: Bid bond shall be submitted by bidder for 5%of the total amount of the bid. 7. ❑Payment and Performance Payment and.Performance Bond shall be submitted by bidder Bond: for 100%of the award amount. $ Reviewed by Risk: