Item C23
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BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe
Mayor David Rice, District 4
Mayor Pro Tem Craig Cates, District 1
The Florida Keys
Michelle Coldiron, District 2
Vacant, District 3
Holly Merrill Raschein, District 5
County Commission Meeting
April 20, 2022
Agenda Item Number: C.23
Agenda Item Summary #10455
BULK ITEM: Yes DEPARTMENT: Emergency Services
TIME APPROXIMATE: STAFF CONTACT: Steven Hudson (305) 289-6342
N/A
AGENDA ITEM WORDING: Approval to advertise Request for Proposals (RFP) for Fire Well
Replacement and Installation.
ITEM BACKGROUND: Monroe County Fire Rescue requires contracting services to replace fire
wells that are currently out of service and to install additional fire wells throughout Monroe County.
Competitive proposals are required in order to contract for such services, in accordance with the
current edition of the Monroe County Purchasing Policy.
PREVIOUS RELEVANT BOCC ACTION: None.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval to Advertise.
DOCUMENTATION:
4.4.22 RFP Replacement and Installation of Fire Wells (final draft)
FINANCIAL IMPACT:
Effective Date: April 25, 2022
Expiration Date: June 15, 2022
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: N/A
Source of Funds: N/A
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CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: N/A If yes, amount:
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details: N/A
REVIEWED BY:
James Molenaar Completed 04/05/2022 10:10 AM
Steven Hudson Completed 04/05/2022 1:17 PM
Purchasing Completed 04/05/2022 1:20 PM
Budget and Finance Completed 04/05/2022 1:28 PM
Brian Bradley Completed 04/05/2022 1:38 PM
Lindsey Ballard Completed 04/05/2022 3:13 PM
Board of County Commissioners Pending 04/20/2022 9:00 AM
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REQUEST FOR PROPOSALS
REPLACEMENT AND INSTALLATION
OF FIRE WELLS IN MONROE COUNTY
MONROE COUNTY FIRE RESCUE
BOARD OF MONROE COUNTY COMMISSIONERS
Mayor David Rice
Mayor Pro Tem Craig Cates
CommissionerMichelle Coldiron
Commissioner, District 3 Vacant
CommissionerHolly Merrill Raschein
COUNTY ADMINISTRATOR CLERK OF THE CIRCUIT COURT
Roman Gastesi Kevin Madok
MONROE COUNTY FIRE CHIEF
Steven Hudson, E.F.O, M.B.A.
March 2022
Prepared by Monroe County Fire Rescue
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NOTICE OF REQUEST FOR COMPETITIVE PROPOSALS
NOTICE IS HEREBY GIVEN that on_______________, 2022, at 3:00 P.M., the Monroe County
Purchasing Office, 1100 Simonton Street, Room 2-213, Key West, FL 33040 will receive and open
sealed Responses for the following:
REPLACEMENT AND INSTALLATION
OF FIRE WELLS
IN MONROE COUNTY, FLORIDA
The Monroe County Fire Rescue Department is requesting Proposals to furnish all labor, materials,
supervision, equipment, supplies, tools, services and all other necessary incidentals required for the
“Replacement and Installation of Fire Wells in Monroe County” as described in the Request for
Proposals (RFP’s).
Requirements for submission and the selection criteria may be requested from DemandStar by Onvia
at www.demandstar.com OR www.monroecountybids.com or call toll-free at 1-800-711-1712. The
Public Record is available at the Monroe County Purchasing Office located at The Gato Building,
1100 Simonton Street, Room 2-213, Key West, Florida. All Responses must be sealed and must be
submitted to the Monroe County Purchasing Office.
Publication dates
Citizen Sat., ______
Keynoter Wed., ______
Reporter Fri., ______
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TABLE OF CONTENTS
SectionDescription Form Page
1 Instructions
2Licensure and Insurance Requirements
3 Proposal Grading Criteria
4 Scope of Work
5 Proposal Form A
6 Proposal Exhibit Form Attachments
Contractor’s Qualification StatementB
List of Equipment and Facilities C
Contractor’s Licensure D
Contractor’s General Plan of Execution E
Contractor’s Experience / Letters of Reference F
Indemnification and Hold Harmless Form G
Request for Waiver of Insurance RequirementsH
Non-Collusion AffidavitI
Anti-Kick Back Affidavit J
Jurat Representative Acknowledgement K
Public Entity Crime Statement Form L
Ethics Clause Form M
Trench Safety Act Form N
OSHA Standards Acknowledgement Form O
Drug Free Workplace FormP
Local Preference Form (if applicable) Q
7 Sample Construction Contract
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SECTION ONE: INSTRUCTIONS TO RESPONDENTS
1.0 PROJECT DESCRIPTION
1.1 The Respondent awarded a contract shall provide for the Replacement of five (5) fire wells and
the Installation of up to fifteen (25) fire wells in unincorporated Monroe County Florida. This contract
shall be a three (3) year contract, subject to the annual approval of the Monroe County Fire Chief, the
Office of Management and Budget and the Board of County Commissioners of Monroe County,
Florida. The Proposal shall take into consideration that the County’s performance and obligation to pay
under this contract is contingent upon an annual appropriation of funding by the Board of County
Commissioners. Additionally, upon the availability of funding, the Board of County Commissioners
may extend the contract for an additional two (2) years to install additional fire wells.
1.2 All submissions must remain valid for a period of ninety (90) days from the date of the deadline
for submission stated above. The Board will automatically reject the response of any person or affiliate
who appears on the convicted vendor list prepared by the Department of Management Services, State
of Florida, under Sec. 287.133(3)(d), Florida Statutes.
1.3 Monroe County reserves the right to reject any or all Proposals and to waive informalities,
except timely submission of Responses, to re-advertise for Proposals or to take any other actions
that may be deemed in the best interest of Monroe County. As a matter of information to
Respondents, Monroe County does not bind itself to accept the minimum specifications stated herein,
but reserves the right to accept any Proposal, which in the judgment of the Monroe County Board of
County Commissioners will best serve the needs and interests of Monroe County.
1.4 Once the proposal process has been completed, the successful Respondent’s Proposal package
will be presented to the Monroe County Board of County Commissioners for review and approval and
shall ultimately become a part of the contract.
1.5 COPIES OF REQUEST FOR PROPOSALS (RFP) DOCUMENTS
1.5.1 Only complete sets of RFP documents will be issued and shall be used in preparing
responses. The County does not assume any responsibility for errors or misinterpretations
resulting from the use of incomplete sets.
1.5.2 Complete sets of RFP documents may be obtained in the manner and at the locations
stated in the Notice of Request for Proposals.
1.6 DISQUALIFICATION OF RESPONDENT
1.6.1 NON-COLLUSION AFFIDAVIT: Any person submitting a proposal in response to this
invitation must execute the enclosed NON-COLLUSION AFFIDAVIT. If it is discovered
that collusion exists among the Respondents, the proposals of all participants in such
collusion shall be rejected, and no participants in such collusion will be considered in
future proposals for the same work.
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1.6.2 PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may not submit a proposal on
a contract to provide any goods or services to a public entity, may not submit a proposal
on a contract with a public entity for the construction or repair of a public building or
public work, may not submit Proposals on leases or perform work as a respondent,
supplier, or subcontractor under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section
287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date
of being placed on the convicted vendor list. Category Two: $25,000.00
1.6.3 DRUG-FREE WORKPLACE FORM: Any person submitting a proposal or bid in
response to this invitation must execute the enclosed DRUG-FREE WORKPLACE
FORM and submit it with his proposal. Failure to complete this form in every detail and
submit it with the proposal or bid may result in immediate disqualification of the proposal
or bid.
1.6.4 LOBBYING AND CONFLICT OF INTEREST ETHICS CLAUSE: Any person
submitting a proposal or bid in response to this invitation must execute the enclosed
LOBBYING AND CONFLICT OF INTEREST CLAUSE and submit it with his proposal
or bid. Failure to complete this form in every detail and submit it with the proposal or bid
may result in immediate disqualification of the proposal or bid.
1.7 EXAMINATION OF REQUEST FOR PROPOSAL DOCUMENTS
1.7.1 Each Respondent shall carefully examine the Request for Proposal and other Contract
Documents and inform himself thoroughly regarding any and all conditions and requirements that
may in any manner affect cost, progress, or performance of the work to be performed under the
contract. Ignorance on the part of the Respondent shall in no way relieve him of the obligations
and responsibilities assumed under the Contract for performance of the Scope of Work.
1.7.2 Should a Respondent find discrepancies or ambiguities in, or omissions from, the
specifications, or should he be in doubt as to their meaning, he shall at once submit a request for
clarification in writing to the party identified in Section 1.8 of these Instructions.
1.7.3 Examination of Specification. Before submitting a Proposal, each Respondent is required
to be thoroughly familiar with the specifications contained herein. No additional allowances will
be made because of lack of knowledge of the conditions, including distance of travel. It is the
responsibility of the successful Respondent to ascertain if any components of the specification
are unsafe or contrary to current applicable regulations. If any unsafe or unlawful criteria are
contained herein; these criteria shall be identified, thoroughly explained and provided in writing
to Monroe County prior to the deadline for Interpretations, Clarifications and Addenda identified
on this RFP. The Addenda for such criteria shall be included in the Proposal submitted in the
Response to this RFP.
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1.8 INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA
1.8.1 No oral interpretations will be made to any Respondent as to the meaning of the contract
documents. Any requests for interpretation or clarification must be directed, in writing, to:
Zully Hemeyer, Executive Administrator
Monroe County Fire Rescue Office
rd
490 63 Street Ocean
Marathon, FL 33050
305-289-6020Office
305-289-6336FAX
1.8.2 All inquiries or requests for interpretation shall be received seven (7) or more days prior to the
date fixed for opening of Responses in order to be given consideration. All such answers, changes or
interpretation will be made in writing in the form of an Addendum and, if issued, will be furnished to all
known prospective Respondents prior to the established Proposal opening date. Each Respondentshall
acknowledge receipt of such addenda in his Proposal. In case any Respondent fails to acknowledge
receipt of such addenda or addendum, his response will nevertheless be construed as though it had been
received and acknowledged and the submission of his Response will constitute acknowledgment of the
receipt of same. All Addenda are a part of the Contract Documents, and each Respondent will be bound
by such Addenda, whether or not received by him. It is the responsibility of each Respondent to verify
that he has received all Addenda issued before Responses are opened.
1.9 GOVERNING LAWS AND REGULATIONS
The Respondent is required to be familiar with and shall be responsible for complying with all federal,
state, and local laws, ordinances, rules, and regulations that in any manner affect the work. Knowledge
of business tax requirements, including producing a copy of a valid business tax receipt; and obtaining
such licenses for Monroe County and municipalities within Monroe County are the responsibility of the
Respondent. Monroe County is exempt from all local, state, and federal sales and use taxes.
1.10 PREPARATION OF RESPONSES
Signature of the Respondent: The Respondent must sign the response forms in the space provided for the
signature. If the Respondent is an individual, the words “doing business as ____________”, or “Sole
Owner” shall appear beneath such signature. In the case of a partnership, the signature of at least one of
the partners must follow the firm name and the words “Member of the Firm” should be written beneath
such signature. If the Respondent is a corporation, the title of the officer signing the Response on behalf
of the corporation must be stated along with the Corporation Seal Stamp and evidence of his authority to
sign the Response must be submitted. The Respondent shall state in the Response the name and address
of each person having an interest in the submitting entity.
1.11 SUBMISSION OF RESPONSES
Respondents shall submit two (2) signed originals and one (1) complete copy of a written Proposal
including all applicable forms, signed in ink, in a sealed opaque package, clearly marked on the front of
the package: PROPOSAL – REPLACEMENT AND INSTALLATION OF FIRE WELLS IN
MONROE COUNTY. Additionally, Respondents shall submit one (1) Compact Disc (CD) with an
PDF copy of the Proposal submitted. All Responses must have this RFP Package and forms signed by
the Respondent and attached to the Proposal. If sent by mail or courier, the above-mentioned envelope
shall be enclosed in another envelope addressed to the Monroe County Purchasing Department, 1100
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Simonton Street, Room 2-213, Key West, FL 33040. All Responses must be received in the Monroe
County Purchasing Office no later than 3:00 PM eastern timeon:
____________________(date)________ in the offices located at ______________________, Key West,
Florida 33040. NOTE: Faxed or emailed Proposals shall be automatically rejected.
1.10 CONTENT OF SUBMISSION
The Proposal submitted in response to this Request for Proposals (RFP) shall be printed on 8-1/2” x 11”
white paper and bound; shall be clear and concise and provide the information requested herein.
Statements submitted without the required information will not be considered. Responses shall be
organized as indicated below. The Respondent should not withhold any information from the written
response in anticipation of presenting the information orally or in a demonstration, since oral
presentations or demonstrations may not be solicited. Each Respondent must submit adequate
documentation to certify the Respondent’s compliance with the County’s requirements. Respondent
should focus specifically on the information requested.
The following information, at a minimum, shall be included in the Submittal:
1.10.1 Cover Page: A cover page that states “Proposal – Replacement and Installation of Fire
Wells in Monroe County”. The cover page should contain Respondent’s name, address,
telephone number, and the name and email address of the Respondent’s primary contact
person and proposed project manager.
1.10.2 Proposal Sections: The Request for Proposals is written around the specific needs of the
Monroe County Fire Rescue department. The award shall be made to the Respondent
whose Proposal meets the requirements of the Request for Proposals (RFP) and provides
documentation sufficient to score highest for the criteria provided for the Work. Sections
of the Proposal shall include the following:
1.10.2.1 Contractor’s Qualifications Statement
1.10.2.2 List of Equipment and Facilities
1.10.2.3 Licensure (Copiesof all required licenses)
1.10.2.4 Contractor’s General Plan of Execution
1.10.2.5 Contractor’s Experience / Letters of Reference
1.10.2.6 Indemnification and Hold Harmless Form
1.10.2.7 Evidence of Insurability
1.10.2.8 Non-Collusion Affidavit
1.10.2.9 Anti-Kickback Affidavit
1.10.2.10 Public Entity Crime Statement
1.10.2.11 Conflict of Interest Form
1.10.2.12 Lobbying & Conflict of Interest (Ethics) Clause Form
1.10.2.13 Trench Safety Act Form
1.10.2.14 OSHA Standards Acknowledgement Form
1.10.2.15 Drug Free Workplace Form
1.10.2.16 Local Preference Form
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All Proposal forms identified must be signed and submitted with Proposal response in order to be deemed
responsive.
1.11 MODIFICATION OF RESPONSES
Written modifications will be accepted from respondents only if addressed to the entity and address
indicated in the Notice of Request for Proposals and received prior to Proposal due date and time.
Modifications must be submitted in a sealed opaque envelope clearly marked on the outside, with the
Respondents name and “MODIFICATION TO PROPOSAL –REPLACEMENT AND
INSTALLATION OF FIRE WELLS INMONROE COUNTY”. If sent by mail or by courier, the
above-mentioned envelope shall be enclosed in another envelope addressed to the entity and address
stated in the Notice of Request for Proposals. Faxed or e-mailed modifications shall be automatically
rejected.
No modifications shall be submitted by Respondents or accepted by Monroe County after the date for
submission. The signed Proposal shall be considered an offer on the part of the Respondent which officer
shall be deemed irrevocable upon submittal and acceptance by Monroe County. However, a Respondent
may withdraw his Proposal at any time and any date prior to the time the Responses are scheduled to be
opened by may not thereafter be resubmitted. After the opening of Responses, no Proposal may be
cancelled or modified except if there is a discrepancy in the numbers submitted, in which case, the lower
amount shall be binding upon the Respondent.
1.12 RESPONSIBILITY FOR RESPONSE
The Respondent is solely responsible for all costs of preparing and submitting the response, regardless
of whether a contract award is made by the County.
1.13 RECEIPT AND OPENING OF RESPONSES
Responses will be received until the designated time and will be publicly opened. Respondents’ names
shall be read aloud at the appointed time and place stated in the Notice of Request for Competitive
Proposals. Monroe County’s representative authorized to open the responses will decide when the
specified time has arrived, and no Responses received thereafter will be considered. No responsibility
will be attached to anyone for the premature opening of a Response not properly addressed and
identified. Respondents or their authorized agents are invited to be present.
1.14 AWARD OF CONTRACT
The recommendation of staff shall be presented to the Board of County Commissioners of Monroe
County, Florida, for final selection and award of contract. If proposals are found to be acceptable to the
County, a written notice of award will be given to the selected Respondent of the acceptance of the
Respondent’s proposal and the award of the contract to Respondent.
1.15 EXECUTION OF CONTRACT
The Respondent with whom a contract is negotiated shall be required to return to the County four (4)
executed counterpart originals of the prescribed Contract.
1.16 LOCAL PREFERENCE
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When reviewing responses, preference will be given to business entities or individuals residing and doing
business within the geographical limits of Monroe County, Florida in accordance with the Monroe
County Code.
1.17 DEFINITIONS
Wherever used in these General Conditions or in the other contract documents the terms below have
the meanings indicated which are applicable to both the singular and the plural thereof. The use of the
terms “he”, “him”, “himself” or “his” shall refer to male and female persons alike and should not be
construed as derogatory or discriminatory to female persons.
1.17.1 Purchaser – The end user of the equipment specified or the applicable purchasing agent
for Monroe County Fire Rescue and the Board of Governors of Fire and Ambulance District 1
of Monroe County through the Board of County Commissioners of Monroe County, Florida.
1.17.2 Respondent – The individual, firm, partnership, manufacturer or corporation to whom
the contract is awarded by the County and who is subject to the terms thereof. For purposes the
terms, Bidder, and Respondent, and vendor are synonymous.
1.17.3 Equal – Shall be taken in it is general sense and shall not mean identical. These
specifications are for the sole purpose of establishing minimum requirements for the level of
quality, standards of performance and design and is in no way intended to prohibit the bidding
of any manufacturer’s item of equal material.
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SECTION TWO: LICENSE AND INSURANCE REQUIREMENTS
2.0 For the purposes of the Request for Proposals, the following licenses and insurances shall be
considered minimum requirements. Complete insurance requirements are provided in the attached Sample
Contract.
2.1 Licensure Requirements:
2.1.1 Copy of Water Well Contractor’s License and permit to operate in the state of Florida.
2.1.2 Copy of Florida driver’s license(s) for all personnel who will be responsible for
transportation equipment or activities to be provided herein.
2.1.3 Copy of Local Business Tax Receipt.
2.1.4 Copy of Certificate of Competency.
2.1.5 Copy of Occupational License.
2.1.6 Copy of insurance claim loss records for Respondent for past three (3) years.
2.2 Certificate of Insurance and Insurance Requirements:The Respondent shall be responsible for all
necessary insurance coverage as indicated on the Contract for performance of the Work. Certificates
of Insurance must be provided to Monroe County within ten (10) days after award of contract, with
Monroe County BOCC listed as additional insured as indicated. If the proper insurance forms are
not received within the ten (10) day period, the contract may be awarded to the next selected
Respondent. Policies shall be written by companies licensed to do business in the State of Florida
and having an agent for service of process in the State of Florida. Companies shall have an A.M.
Best rating of A- and a Financial Size of VI or better. The required insurance shall be maintained at
all times while Respondent is providing service to the County.
2.3 See Sample Contract for complete requirements.
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SECTION THREE: PROPOSAL GRADING CRITERIA (Determination of Successful
Respondent)
3.0 A notice of award shall be issued to the successful Respondent.
3.1 The successful Respondent will be determined by analysis of Proposals. Monroe County Fire
Rescue shall review, evaluate, and score criteria as follows:
3.1.1 The Price Proposal – 25 points
3.1.2 The Proposed Permitting and Installation/Replacement Service turnaround time for fire
wells – 25 points
3.1.3 The Qualifications Statement – 15 points
3.1.4 Prior history of water well, fire well installation or replacement in the County– 10
points
3.1.5 The financial stability of the proposer –15 points
3.1.6 Location of Respondent–5 points
3.1.7 Local preference – up to 5 points
3.2 In performing the evaluation, only information contained within the Respondent’s written
proposal shallbe considered.
3.3 Monroe County reserves the right to accept or reject any or all Proposals. Monroe County also
reserves the right to:
3.3.1 Waive any non-substantive irregularities and technicalities.
3.3.2 Reject the Proposal of any Respondent who has previously failed in the proper
performance of a contract of a similar nature, who has been suspended or debarred by
another government entity, or who is not in a position, financial or otherwise as
deemed by Monroe County, to perform under this award; and
3.3.3 Inspect all facilities of Respondents in order to make a determination as to its ability to
perform.
3.4 Monroe County reserves the rights to reject any offer or proposal if the prices for any line items
or sub line items are materially unbalanced. An offer is materially unbalanced if it is mathematically
unbalanced, and if there is reason to believe that the offer would not result in the lowest overall cost to
the County, even though it is the lowest evaluated offer.
3.5 An offer is mathematically unbalanced if it is based on prices which are significantly less than
fair market price for some proposal line item and significantly greater than fair market price for other
proposal line items. Fair market price shall be determined based on industry standards, comparable
proposals or offers, existing contracts, or other means of establishing a range of current prices for which
the line items may be obtained in the marketplace.
3.6 The Purchasing Director, citing the basis for the determination, shall make the determination of
whether a particular offer or proposal is materially unbalanced in writing.
3.7 The County shall be the final authority in the award of this proposal.
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SECTION FOUR: SCOPE OF WORK
4.0 The Scope of Work has been segregated into annual components in order to meet the budget
constraints identified for Monroe County Fire Rescue. The “Monroe County Fire Well Detail”shown on
“Exhibit A” shall provide the specification for the fire well installation. Additionally, a square concrete
pad shall be provided at the base of the Fire Well. The dimensions will be 2’ x 2’ by 4” deep.
Year 1 consists of the removal of five (5) existing fire wells and installation of fire wells in thesame
location. The following is a list of the general locations with corresponding GPS coordinates.
Year 1
No.LocationLatitude Longitude
1 92 Front Street, Stock Island24.568 -81.7328
2 111 Overseas Highway, Rockland Key24.5911 -81.6818
3 97 N Johnson Street, Sugarloaf Key 24.6611 -81.5231
4 677 Caribbean Dr E, Summerland Key24.656325 -81.443069
5 21859 Disturbed Pine Rd, Cudjoe Key 24.6761 -81.492
Y ears2 through 5 shall consist of new fire well installations as follows:
Year 2
No.LocationLatitude Longitude
1 68600 Overseas Highway, Long Key24.82768-80.8106
2 5420-5460 Dorn Road, Big Torch Key24.7132 -81.4353
3 4244 Dorn Road, BigTorch Key 24.7031 -81.4273
4 3901 Osprey Lane, Big Torch Key 24.6988 -81.4277
5 4100-4298 Egret Lane, Big Torch Key24.6988 -81.4282
Year 3
No.LocationLatitude Longitude
1 Dorn Rd and Catherine Street, Big Torch Key 24.6913 -81.4249
2 Middle Torch Road and Stewart Rd, Middle Torch Key 24.699 -81.4121
3 27034 Mariposa Road, Ramrod Key 24.6653 -81.4104
4 27270 Brown Drive, Ramrod Key 24.6667 -814083
5 340 Munson Ave and Mariposa Road, Ramrod Key
Year 4
No.LocationLatitude Longitude
1 Johnson Street and Bayshore Drive, Ramrod Key 24.6656 -81.4179
2 80 Coral Ave and Dolphin Drive, Ramrod Key24.6656 -81.4114
3 1686 Pine Channel Drive, Little Torch Key 24.6886 -81.3976
4 27901 Barracuda Drive and Lobster Tail Trail, Little Torch Key 24.6876 -81.3956
5 1501-1705 Bayview Drive 24.6868 -81.3988
Year 5
No.LocationLatitude Longitude
1 1314-1404 State Road 4A, Little Torch Key 24.6848 -81.3954
2 1101-1299 Warner Rd, Little Torch Key, Little Torch Key 24.6822 -81.3941
3 1086-1098 Grand Street, Little Torch Key 24.6818 -81.3957
4 28100-28398 County Road and Grenada Lane, Little Torch Key 24.6761 -81.3899
5 28401-28398 Yucatan Lane, Little Torch Key 24.6765 -81.3889
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EXHIBIT “A”
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SECTION FIVE: PROPOSAL FORMA
PROJECT NAME: Replacement and Installation of Fire Wells in Monroe County.
5.0 The undersigned guarantees the truth and accuracy of all statements and the answers contained
herein.
5.1 The undersigned, as Respondent, hereby declares that the only person or persons interested in the
Proposal, as principal or principals, is or are named herein and that no other person than herein mentioned
has any interests in the Proposal of the contract to which the Work pertains; that this Proposalis made
without connection or arrangement with any other person, company, or parties making Bids or Proposals
and that the Response is in all respects fair and made in good faith without collusion or fraud.
5.3 The Respondent further declares that he has examined the geographic location and sites of the
Work; that he has made sufficient investigations to fully satisfy himself that such sites are suitable for
this Work; and he assumes full responsibility therefore; that he has examined the specifications for the
Work and from his own experience or from professional advice that the specifications are sufficient for
the Work to be done and he has examined the other Contract Documents relating thereto, including the
Request for Proposals, Contract, Specifications and Scope of Work, License and Insurance requirements,
and he has read all addenda prior to the opening of Responses, and that he has satisfied himself fully,
relative to all matters and conditions with respect to the Work to which this Proposal pertains.
5.4 The Respondent proposes and agrees, if this Proposal is accepted, to timely execute a contract
with the County in the form attached and to furnish all that is necessary to complete the Work specified
in the Proposal and the Contract and called for by the specifications and in the manner specified and to
timely submit all required licenses and insurance certificates.
5.5 The Respondent further proposes and agrees to comply in all respects with the time limits for
commencement and completion of the Work as stated in the contract form.
5.6 The Respondent agrees to execute a Contract and furnish the executed contract, all required
bonds, insurance certificates, and other required information to County within ten (10) ten calendar days
after written notice of the award of contract. Failure on the part of the Respondent to timely comply with
this provision shall give the County the right to withdraw the award notice.
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Respondents are required complete the following Proposal Form.
Proposed Year 1 Fire Well Replacement / Installation Scope of Work.
Bid Item 1: Replacement of Fire Well at 92 Front Street, Stock Island
No.Description Amount
1. Decommission / Remove existing fire well
2. Install Fire Well
Subtotal Amount
Bid Item 2: Replacement of Fire Well at 111 Overseas Highway, Rockland Key
No.Description Amount
1. Decommission / Remove existing fire well
2. Install Fire Well
Subtotal Amount
Bid Item 3: Replacement of Fire Well at 97 N Johnson St, Summerland Key
No.Description Amount
1. Decommission / Remove existing fire well
2. Install Fire Well
3.
Subtotal Amount
Bid Item 4: Replacement of Fire Well at 677 Caribbean Dr E, Summerland Key
No.Description Amount
1. Decommission / Remove existing fire well
2. Install Fire Well
Subtotal Amount
Bid Item 5: Replacement of Fire Well at 21859 Disturbed Pine Rd, Cudjoe Key
No.Description Amount
1. Decommission / Remove existing fire well
2. Install Fire Well
Subtotal Amount
Total Price Proposal:
Total Price Proposal above shall be considered base Proposal for Year 1 of the Contract for
Replacement and Installation of Fire Wells in Monroe County.
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Proposed Year 2Fire Well Replacement / Installation Scope of Work.
Bid Item 1: Installation of Fire Well at
No.Description Amount
1. Installation of fire well
2.
Subtotal Amount
Bid Item 2: Installation of Fire Well at
No.Description Amount
1. Installation of fire well
2.
Subtotal Amount
Bid Item 3: Installation of Fire Well at
No.Description Amount
1. Installation of fire well
2.
3.
Subtotal Amount
Bid Item 4: Installation of Fire Well at
No.Description Amount
1. Installation of fire well
2.
Subtotal Amount
Bid Item 5: Installation of Fire Well at
No.Description Amount
1. Installation of fire well
2.
Subtotal Amount
Total Price Proposal:
Total Price Proposal above shall be considered base Proposal for Year 2 of the Contract for
Replacement and Installation of Fire Wells in Monroe County.
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Proposed Year 3Fire Well Replacement / Installation Scope of Work.
Bid Item 1: Installation of Fire Well at
No.Description Amount
1. Installation of fire well
2.
Subtotal Amount
Bid Item 2: Installation of Fire Well at
No.Description Amount
1. Installation of fire well
2.
Subtotal Amount
Bid Item 3: Installation of Fire Well at
No.Description Amount
1. Installation of fire well
2.
3.
Subtotal Amount
Bid Item 4: Installation of Fire Well at
No.Description Amount
1. Installation of fire well
2.
Subtotal Amount
Bid Item 5: Installation of Fire Well at
No.Description Amount
1. Installation of fire well
2.
Subtotal Amount
Total Price Proposal:
Total Price Proposal above shall be considered base Proposal for Year 3 of the Contract for
Replacement and Installation of Fire Wells in Monroe County.
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Proposed Year 4Fire Well Replacement / Installation Scope of Work.
Bid Item 1: Installation of Fire Well at
No.Description Amount
1. Installation of fire well
2.
Subtotal Amount
Bid Item 2: Installation of Fire Well at
No.Description Amount
1. Installation of fire well
2.
Subtotal Amount
Bid Item 3: Installation of Fire Well at
No.Description Amount
1. Installation of fire well
2.
3.
Subtotal Amount
Bid Item 4: Installation of Fire Well at
No.Description Amount
1. Installation of fire well
2.
Subtotal Amount
Bid Item 5: Installation of Fire Well at
No.Description Amount
1. Installation of fire well
2.
Subtotal Amount
Total Price Proposal:
Total Price Proposal above shall be considered base Proposal for Year 4 of the Contract for
Replacement and Installation of Fire Wells in Monroe County.
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Proposed Year 5Fire Well Replacement / Installation Scope of Work.
Bid Item 1: Installation of Fire Well at
No.Description Amount
1. Installation of fire well
2.
Subtotal Amount
Bid Item 2: Installation of Fire Well at
No.Description Amount
1. Installation of fire well
2.
Subtotal Amount
Bid Item 3: Installation of Fire Well at
No.Description Amount
1. Installation of fire well
2.
3.
Subtotal Amount
Bid Item 4: Installation of Fire Well at
No.Description Amount
1. Installation of fire well
2.
Subtotal Amount
Bid Item 5: Installation of Fire Well at
No.Description Amount
1. Installation of fire well
2.
Subtotal Amount
Total Price Proposal:
Total Price Proposal above shall be considered base Proposal for Year 5of the Contract for
Replacement and Installation of Fire Wells in Monroe County.
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It is understood that the Proposal prices quoted or established for a particular item are to be used for computing the
amount to be paid to the Contractor, based on the Work actually performed as determined by the Contract and the
County. However, in utilizing the forms provided, the Respondent agrees that in no event shall compensation paid
to the Respondent under the contract exceeding the dollar amount of the Respondent's Proposal amount.
Respondent's Certificate of Competency No.
Respondent’s Water Well Contractor’s License No.______________________________
Respondent's Occupational License No.
Respondent Name:
Address:
City/St/Zip:
Phone/Fax:
The following is a checklist of the Proposal Forms that should be included in the Response:
Exhibit Form A: Proposal Form
Exhibit Form B: Contractor’s Qualifications Statement
Exhibit Form C:List of Equipment and Facilities
Exhibit Form D:Licensure (List and Copies)
Exhibit Form E: Contractor’s General Plan of Execution
Exhibit Form F:Contractor’s Experience and Letters of Reference
Exhibit Form G: Indemnification and Hold Harmless Form
Exhibit Form H: Request for Waiver of Insurance Requirements
Exhibit Form I: Non-Collusion Affidavit
Exhibit Form J: Anti-Kick Back Affidavit
Exhibit Form K: Public Entity Crime Statement
Exhibit Form L: Lobbying & Conflict of Interest (Ethics) Clause
Exhibit Form M: Trench Safety Act Form
Exhibit Form N: OSHA Standards Acknowledgement Form
Exhibit Form O: Drug Free Workplace Form
Exhibit Form P: Local Preference Form
If Respondent believes any of these forms are not applicable, he should mark the form “Not Applicable”
and submit with Response package.
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SECTION SIX: PROPOSAL FORM ATTACHMENTS
Please include the following forms in the Proposal Response.
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EXHIBIT FORM “B”
QUALIFICATIONS STATEMENT
PROJECT NAME: Replacement and Installation of Fire Wells in Monroe County.
The undersigned guarantees the truth and accuracy of all statements and the answers contained herein.
1. Number of employees assigned to this project: _________________
2. Company Identification numbers for the Internal Revenue Service: _______________________
3. How many years has your company been operating, and if different, the number of years it has been
providing services as described in this RFP?____________
_________________________________________________________________
4. How many years has Respondent operated under its present name and any prior names?
__________________________________________________________________
5. Attach experience resume, including list of certificates and/or licenses held by Respondent, status of
qualifier, and if qualifier will perform work.
6. Give names, addresses and telephone numbers of three individuals, corporations, agencies, or
institutions for which your company has previously performed work:
Name:
Address:
Primary Contact/Phone Number:
Name:
Address:
Primary Contact/Phone Number:
Name:
Address:
Primary Contact/Phone Number:
7. Attach list of personnel who will be performing work, including supervisors and their licensure.
Identify any other personnel who are not certified or experienced in such work, and who will
directly supervise these individuals.
8. Certification that the Respondent has never defaulted on any government contract or bid award.
_____________________________________________________
_________________________________________________________________
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Signature of Corporate Officer
Date
0
County of:
Subscribed and sworn to (or affirmed before me, by means of Physical presence
or Online notarization, on
(date)
By (name of affiant).
He/She is personally known to me or has produced
(type of identification) as identification.
NOTARY PUBLIC
My Commission Expires:
State of Florida
County of _____________
The foregoing instrument was acknowledged before me by means of physical presence or on line
notarization, this ______ day of ____________, 2022, by _______________as (type of authority)
__________________ (e.g. officer, trustee, attorney in fact) for
______________________________________________ (name of party on behalf of whom the
instrument was executed).
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EXHIBIT FORM “C”
LIST OF EQUIPMENT AND FACILITIES
PROJECT NAME: Replacement and Installation of Fire Wells in Monroe County.
Respondent shall describe what equipment and materials will be necessary for performance of the work
and the location that this equipment shall be maintained.
The following is a list of Equipment and Materials that is proposed to perform the Work:
The following is a list of the Facilities, and location, that is proposed to perform the Work:
Does Respondent intend to rent accommodations during performance of the Work?
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EXHIBIT FORM “D”
CONTRACTOR’S LICENSURE
PROJECT NAME: Replacement and Installation of Fire Wells in Monroe County.
Respondent shall provide list and copies of all applicable licenses as required by the Request for
Proposals.
License No. / License Type Name of Qualifier
Please attach copies of all applicable licenses following this form.
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EXHIBIT FORM “E”
CONTRACTOR’S GENERAL PLAN OF EXECUTION
PROJECT NAME: Replacement and Installation of Fire Wells in Monroe County.
Respondent shall attach information sufficient for evaluation of plan of execution of the Work. This plan
must include permitting, lead time for materials, mobilization, anticipated start date or number of days
to start, number of days to remove and install fire well, and potential staging information.
Additionally, please identify methods for communication and coordination of the Work.
Separate attachments may be included following this form.
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EXHIBIT FORM “F”
CONTRACTOR’S EXPERIENCE
PROJECT NAME: Replacement and Installation of Fire Wells in Monroe County.
Respondent shall attach information sufficient for evaluation of experience, qualifications, and letters of
reference following this form.
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EXHIBIT FORM “G”
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
Indemnification and Hold Harmless
for
Other Bidders and Subbidders
The Proposer covenants and agrees to indemnify and hold harmless Monroe County Board of County
Commissioners, its servants, agents and employees from any and all claims for bodily injury (including
death), personal injury, and property damage (including property owned by Monroe County) and any
other losses, damages, and expenses (including attorney’s fees) which arise out of, in connection with,
or by reason of services provided by the Proposer or any of its Subbidder(s) in any tier, occasioned by
the negligence, errors, or other wrongful act or omission of the Proposer or its Subbidders in any tier,
their employees, or agents.
In the event the completion of the project (to include the work of others) is delayed or suspended as a
result of the Proposer’s failure to purchase or maintain the required insurance, the Proposer shall
indemnify the County from any and all increased expenses resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Proposer is for the indemnification provided
for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
____________________________________________________
Proposer’s Signature
____________________________________________________
Date
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EXHIBIT FORM “H”
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived
or modified on the following contract.
Contractor: _______________________________________________________________
Contract for: _______________________________________________________________
Address of Contractor: _______________________________________________________________
_______________________________________________________________
Phone: _______________________________________________________________
Scope of Work: _______________________________________________________________
_______________________________________________________________
_______________________________________________________________
Reason for Waiver: _______________________________________________________________
_______________________________________________________________
Policies Waiver _______________________________________________________________
will apply to:
_______________________________________________________________
Signature of Contractor: _______________________________________________________________
Approved ___________ Not Approved ___________
Risk Management _______________________________________________________________
Date _______________________________
County Administrator appeal:
Approved: __________ Not Approved: _________
Date: _________________________________________________
Board of County Commissioners appeal:
Approved: __________ Not Approved: _________
Meeting Date: _________________________________________________
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EXHIBIT FORM “I”
NON- COLLUSION AFFIDAVIT
I, , of the city of
according to law on my oath, and under penalty of perjury, depose and say
that;
a. I am, of the firm of
_________________________________________________________, the Proposer
making the Proposal for the project in the Request for Proposals for:
and that I executed
the said Proposal with full authority to do so;
b. the prices in this Proposalhave been arrived at independently without collusion, consultation,
communication or agreement for the purpose of restricting competition, as to any matter
relating to such prices with any other bidder or with any competitor;
c. unless otherwise required by law, the prices which have been quoted in this bid have not been
knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to
Proposal opening, directly or indirectly, to any other Proposer or to any competitor; and
d. noattempt has been made or will be made by the Proposerto induce any other person,
partnership or corporation to submit, or not to submit, a Proposal for the purpose of restricting
competition;
e. the statements contained in this affidavit are true and correct, and made with full knowledge
that Monroe County relies upon the truth of the statements contained in this affidavit in
awarding contracts for said project.
Signature of Corporate Officer
Date
State of:
County of:
Subscribed and sworn to (or affirmed before me, by means of Physical presence
or Online notarization, on
(date)
By (name of affiant).
He/She is personally known to me or has produced
(type of identification) as identification.
NOTARY PUBLIC
My Commission Expires:
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EXHIBIT “J”
ANTI-KICKBACK AFFIDAVIT
STATE OF FLORIDA }
} SS:
COUNTY OF MONROE }
I, the undersigned, hereby duly sworn, depose and say that no portion of the sum herein bid will be paid
to any employees of the Monroe County, its elected officials, and
__________________________________________(firm name) or its subcontractors, as a commission, kickback,
reward or gift, directly or indirectly by me or any member of my firm or by an officer of the corporation.
Signature of Corporate Officer
Date
State of:
County of:
Subscribed and sworn to (or affirmed before me, by means of Physical presence
or Online notarization, on
(date)
By (name of affiant).
He/She is personally known to me or has produced
(type of identification) as identification.
NOTARY PUBLIC
My Commission Expires:
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EXHIBIT FORM “K”
JURAT
FL ST § 117.05 12 (c) For an acknowledgment in a representative capacity:
STATE OF FLORIDA
COUNTY OF __________
The foregoing instrument was acknowledged before me by means of physical presence or online
notarization, this ___ day of __________, ______ , by _____________________________ (name)
as _____________________________________(type of authority, e.g. officer, trustee, attorney in fact) for
__________________________________________________(name of party on behalf of whom instrument
was executed).
(S EAL)
Signature of Notary Public
(Print, Type, or Stamp Name of Notary)
Personally Known: OR
Produced Identification:
Type of Identification Produced:
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EXHIBIT FORM “L”
PUBLIC ENTITY CRIME STATEMENT
“A person or affiliate who has been placed on the convicted vendor list following a conviction for public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may
not submit a bid on a contract with a public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to public entity, may not be awarded or
perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under a contract with
any public entity, and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list.”
I have read the above and state that neither _____________________________________
(Respondent’s name) nor any Affiliate has been placed on the convicted vendor list within the last 36
months.
Signature of Corporate Officer
Date
State of:
County of:
Subscribed and sworn to (or affirmed before me, by means of Physical presence
or Online notarization, on
(date)
By (name of affiant).
He/She is personally known to me or has produced
(type of identification) as identification.
NOTARY PUBLIC
My Commission Expires:
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EXHIBIT FORM “M”
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
“ _______________________________________________“
(Company)
“…warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former
County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer
or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this
provision the County may, in its discretion, terminate this Agreement without liability and may also, in
its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of
any fee, commission, percentage, gift, or consideration paid to the former County officer or employee.”
Signature of Corporate Officer
Date
State of:
County of:
Subscribed and sworn to (or affirmed before me, by means of Physical presence
or Online notarization, on
(date)
By (name of affiant).
He/She is personally known to me or has produced
(type of identification) as identification.
NOTARY PUBLIC
My Commission Expires:
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EXHIBIT FORM “N”
TRENCH SAFETY ACT FORM
The undersigned Proposer has determined to his own complete satisfaction that all portions of the
Florida Trench Safety Act (90-96, Laws of Florida) as the OSHA Excavation Safety Standards 29, CFR
Part 1926.650 Subpart P, will be fully complied with and executed properly on this project.
Proposer acknowledges that included in the various items of the Proposal and in the Total Proposed
Amount are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida), current
edition.
Signature of Corporate Officer
Date
State of:
County of:
Subscribed and sworn to (or affirmed before me, by means of Physical presence
or Online notarization, on
(date)
By (name of affiant).
He/She is personally known to me or has produced
(type of identification) as identification.
NOTARY PUBLIC
My Commission Expires:
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EXHIBIT FORM “O”
OSHA STANDARDS ACKNOWLEDGEMENT FORM
Project name: Replacement and Installation of Fire Wells in Monroe County, Florida
The undersigned Proposer acknowledges and agrees that as contractors for completion of the Proposed
Project, that we ___________________________________________________ (Firm Name) have the
sole responsibility for compliance with all requirements of the Federal Occupational Safety and Health
Act of 1970, and all State and Local Safety and Health regulations, and agree to indemnify and hold
harmless the Monroe County Board of County Commissioners against any and all legal liability or loss
that may incur due to the _____________________________________________ (Firm Name) failure
to comply with such act.
Signature of Corporate Officer
Date
State of:
County of:
Subscribed and sworn to (or affirmed before me, by means of Physical presence
or Online notarization, on
(date)
By (name of affiant).
He/She is personally known to me or has produced
(type of identification) as identification.
NOTARY PUBLIC
My Commission Expires:
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EXHIBIT FORM “P”
DRUG FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled
substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business’ policy of maintaining a drug-free workplace,
any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement
specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual
services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction
of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of
the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is
available in the employee’s community, or any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements.
Signature of Corporate Officer
Date
State of:
County of:
Subscribed and sworn to (or affirmed before me, by means of Physical presence
or Online notarization, on
(date)
By (name of affiant).
He/She is personally known to me or has produced
(type of identification) as identification.
NOTARY PUBLIC
My Commission Expires:
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EXHIBIT FORM “Q”
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Description(s):
Respondent Vendor Name:
Vendor FEIN:
Vendor’s Authorized
Representative Name and Title:
Address:
City:________________________________State:_______Zip:______________
Phone Number:
Email Address:
Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into
or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company
is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes,
or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on,
submitting a proposal for, or entering into or renewing a contract for goods or services of $1,000,000 or more, that
are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities
in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged
in business operations in Cuba or Syria.
As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in
the Section entitled “Respondent Vendor Name” is not listed on the Scrutinized Companies that Boycott Israel
List or engaged in a boycott of Israel and for Projects of $1,000,000 or more is not listed on either the Scrutinized
Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List, or engaged in business operations in Cuba or Syria.
I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject
company to civil penalties, attorney’s fees, and/or costs. I further understand that any contract with the County
may be terminated, at the option of the County, if the company is found to have submitted a false certification or
has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed
on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the
Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria.
Certified By: _____________________________________, who is authorized to sign on behalf of the
above referenced company.
Authorized Signature:
Print Name:
Title:
Note: The List are available at the following Department of Management Services Site:
http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_su
spended _discriminatory_complaints_vendor_lists
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EXHIBIT FORM “Q”
LOCAL PREFERENCE FORM
A. Vendors claiming a local preference according to Ordinance 023-2009 must complete this form.
Name of Respondent ______________________________Date:_______________
1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one
year prior to the notice or request for bid or proposal? __________ (Y/N) (Please furnish copy following this form.)
2. Does the vendor have a physical business address located within Monroe County from which the vendor operates or
performs business on a day to day basis that is a substantial component of the goods or services being offered to Monroe
County? _______________ (Y/N)
List Address: ____________________________________________________________
Telephone Number: _______________________________________________________
B. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services or construction to local
businesses meeting the criteria above as to licensing and location? ____________ (Y/N)
If yes, please provide:
1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one
year prior to the notice or request for bid or proposal.
2. Subcontractor Address within Monroe County from which the subcontractor operates:
________________________________________ Tel. Number ____________________
Print Name and Title Signature of Authorized Signatory for
Respondent
STATE OF ____________________
COUNTY OF ___________________
On this _____ day of ______, 20_____, before me, the undersigned notary public, personally appeared
__________________________, known to me to be the person whose name is subscribed above or who produced
______________________as identification, and acknowledged that he/she is the person who executed the above Local
Preference Form for the purposes therein contained.
_______________________________________
Notary Public
_______________________________________
Print Name
My commission expires:_________________ Seal
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EXHIBIT FORM “Q”
MONROE COUNTY C ONTRACT C HANGE O RDER
PROJECT TITLE:
INITIATION DATE: (change order date)
CHANGE ORDER NO:
TO CONTRACTOR:
(name & address) CONTRACT DATE:
The Contract is changed as follows: (use underlining only – no highlighting or deletion)
The original (Contract Sum) (Guaranteed Maximum Price) $
Net change by previously authorized ChangeOrders$
The (Contract Sum)(Guaranteed Maximum Price) prior to this Change order was $
The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (decreased) (unchanged)
By this Change Order $
The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order is $
The Contract Time will be (increased) (decreased) (unchanged) by Number of days
The date of Substantial Completion as of the date of this Change Order is (new date)
Detailed description of change order and justification:
Justification here. If a time change: show original and new substantial completion dates.
This change order is ___ % of the original contract price.
Not valid until signed by Owner, Architect (if applicable), and Contractor
ARCHITECT:
Date
CONTRACTOR:
Date
MONROE COUNTY:
Date
OWNER/ASSISTANT ADMINISTRATOR:
Date
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EXHIBIT FORM “R”
Change Order Attachment per Ordinance No. 004-1999
No.
1. Change Order was not included in the original contract specifications. Yes No
If Yes, provide explanation:
2. Change Order was included in the original specifications.Yes No
If Yes, provide explanation of increase in price:
Change Order exceeds $50,000 or 5% of Contract Price (whichever is
3. greater). Yes No
If Yes, explanation as to why it is not subject for a calling for bids:
4. Project architect approves the change order.Yes No
If no, provide explanation as to why:
5. Change Order is correcting an error or omission in design document. Yes No
6. Should a claim under the applicable professional liability policy be made?Yes No
If yes, provide explanation:
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SECTION SEVEN: SAMPLE CONSTRUCTION CONTRACT
THIS CONTRACT,hereinafter “CONTRACT or AGREEMENT” made and
entered into this _ day of _________, 2022, by and between Board of County
Commissionersof Monroe County, Florida, hereinafter referred to as “COUNTYor
OWNER” having a place of business at 1100 Simonton Street, Suite 2-205, Key West,
Florida 33040 and ____________________________________, hereinafter referred to as
“CONTRACTOR,” a _____________ Corporation, with a main office located at
________________________________.
WITNESSETH:
WHEREAS, the COUNTY advertised a notice of request for proposals for the
INSTALLATION OF FIRE HYDRANTS IN MONROE COUNTY; and
WHEREAS, the successful Respondent was ______________________, and:
WHEREAS, the COUNTY intends to enter into a CONTRACT for the
INSTALLATION OF FIRE WELLS IN MONROE COUNTY with the CONTRACTOR
and;
WHEREAS, this contract is an “Agreement” between both parties,
NOW, THEREFORE, in consideration of the mutual covenants and promises
contained herein, and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, and both parties intending to be legally bound, the parties
hereto agree as follows:
1. Scope of Work. Contractor shall complete all Work as specified or indicated on
the Contractor’s proposal dated _______________. The Scope of Work is
generally described as the following:
Replacement and Installation of Fire Wells at various locations in Monroe County
as
Solicitations.
identified on the Request for Competitive
2. General Intent of Scope.
A. Contractor shall furnish all requirements to complete the Scope of Work,
including but not limited to labor, supervision, engineering, materials,
supplies, equipment, power, tools, transportation, surveying, layout,
testing, coordination with third parties, and protection, and any other means
of construction necessary for the proper execution and completion of Scope
of Work.
B.The Scope of Work may also be referred to as the “Project.”
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3. General Requirements.
A. Construction work hoursshall be limited to: 8:00 am to 5:00 pm Monday
through Friday. Any change to the work schedule shall be agreed to in
writing by the Owner’s Representative.
B. Contractor shall be aware of weather, location and other factors that may
affect Work and plan accordingly.
C. Contractor shall familiarize himself with the facility that Work will take
place, including its vendors, pertinent staff and other agencies and their
schedules and plan accordingly. Coordination of each days’ work shall be
done in advance coordination with designated Owner’s Representative, as
named in 6.1 below.
D. The Contractor will be responsible to obtain all additional necessary
permits and approvals including but not limited to the: Monroe County
Building Department, Monroe County Fire Marshal, Monroe County
Sheriff’s Office, Florida Department of Environmental Protection, South
Florida Water Management, the Florida Department of Transportation,
and any other permitting or regulatory agency(ies) as applicable.
E.All licenses required in order to perform the Scope of Work in the
specified location shall be procured and maintained by the Contractor and
any Subcontractors. Contractor shall submit copies of any and all
applicable licenses to the Owner’s Representative prior to receipt of a
Notice to Proceed.
F. Contractor shall provide, replace and maintain any and all safety measures
as may be required to protect the Work and personnel, including
barricades, as necessary during completion of the Scope of Work.
G. Contractor shall maintain As-Built Drawings (Record Drawings) of Work
progression in coordination with the Owner’s Representative.
H. Contractor shall not store materials, tools or debris inside the facility
without written permission by the Owner’s Representative. Contractor
shall provide a suitable storage container and be responsible for disposal
of all debris and trash as applicable.
I. All spaces interior and exterior shall be cleaned and returned to its original
condition at the end of the work period/day.
ARTICLE 1 The Contract Documents.
The Contract Documents consist of this Contract, General, Supplementary and
other Conditions, all applicable Drawingsif any, Specifications, Proposal documents, and
any Addenda issued prior to execution of this Contract, together with the response to the
request for solicitation and all required insurance documentation, and Modifications
issued after execution of this Contract. The Contract Documents represent the entire and
integrated agreement between the parties hereto and supersedes prior negotiations,
representations or agreements, either written or oral. In the event of a discrepancy between
the documents, precedence shall be determined by the order of the documents as just listed.
ARTICLE2 Work by Others.
2.1 The Contractor shall execute the entire Work described in the Contract
Documents, except to the extent specifically indicated in the Contract Documents to be
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the responsibility of others.Subcontractors employed by Contractor shall be specifically
identified on the Response to this Solicitation.
2.2 Testing of the Work herein is anticipated to be coordinated with and approved by
the Owner’s Representative, Monroe County Fire Rescue personnel, and any other agency
as applicable.
ARTICLE 3 Date of Commencement and Substantial Completion.
3.1 The date of commencement is the date to be fixed in a Notice to Proceed issued by
the Owner’s Representative.
3.2 The Contractor shall achieve Substantial Completion as determined by the
Owner’s Representative of the entire Work not later than one hundred twenty- (120)
calendar days after the date of issuance of a Notice to Proceed. The time or times
stipulated in the Agreementfor completion of the Work or of specified phases of the Work
shall be the calendar date or dates listed in the milestone schedule or Schedule of Values.
ARTICLE4 Contract Sum.
4.1 The owner shall pay the Contractor for Contractor's performance of the Scope of
Work pursuant to this Contract, theSum of
_________________________________________00/100 Dollars ($ .00),
subject to additions and deductions as provided in the Contract Documents.
4.2 All remittances shall be sent to: Name and Address of Contractor
.
4.3 Schedule of Values. Within ten (10) days from the pre-construction conference
and before submission of the first Application for Payment, the Contractor shall
submit a Schedule of Values for the Work, which shall include critical path
activities proposed completion dates for such activities and an indication of the
percentage of Final Completion of the Work each subsequent critical path activity
will reflect. The Schedule of Values will be reviewed by the Owner’s
Representative for acceptance as providing an orderly progression of the Work to
completion within the Contract Time and for payment purposes. The finalized
Schedule of Values shall be resubmitted by Contractor at the Owner’s request until
written approval by Owner’s Representative is obtained.
4.4 Additional Services. At any time, the Owner may request the Contractor to
provide additional services (the “Additional Services”). Additional Services shall
be authorized by execution of a Change Order at the value calculated as described
herein and in the Contract Documents. The cost for any Additional Services
performed under any renewal term of this Contract, if any, shall be at the same
terms and conditions contained in this Contract.
4.5 Change Orders. For changes in the Work, Contract Time, any Additional Services
required hereunder, or other changes, the Contract Price shall be increased (if
applicable) by an amount equal to Contractor’s additional Cost of Work (defined
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on the Contract Documents), on a unit price basis, if applicable, on a lump sum
basis, or as otherwise agreed and specifically set forth in the Change Order. If there
is a decrease in the Scope of Work, the Contract Price shall be decreased by the
amount of actual costs associated therewith, based on the Cost of the Work and/or
unit prices (as applicable) and lowered profit or as otherwise agreed and set forth
in the Change Order. All Change Order Requests shall be made in writing.
Contractor’s response to such request shall be made in writing. All Change Orders
shall be executed on the form attached hereto as Exhibit ___, which shall be binding
on the parties when fully executed. Disputes shall be governed by the provisions
of the Contract Documents.
4.6 Emergency Change Orders. In the event that changes in the Work are required
on an emergency basis in order to protect the health and safety of the public, the
Contractor shall proceed at the direction of the Owner’s Representative without a
written Change Order from the County to the limited extent described herein. The
Contractor shall keep separate records of all costs and time required to perform the
Work. After review and approval by the County, the Contractor shall invoice the
County on a time and materials basis. In the event that the Work can be stopped
without any further harm to the public but additional Work is necessary, the
Contractor shall deliver an estimate to the Owner’s Representative as soon as
practical, and the requirements of this Article shall be met before the Contractor
resumes the changes to the Work or additional Work.
ARTICLE 5 Progress Payments.
5.1 Contractor shall submit to Owner, avalid invoiceor application for payment, for
amounts due for work performed. Applications for paymentshall outline work completed,
including percentage of total project. Owner reserves the right to withhold Retainage in the
amount of 10% until final completion of work, including permit close-out.
5.2 The period covered by each application for payment shall be identified on
Contractor’s invoice.
5.3 Owner shall make payments for Contractor’s applications for payment properly
submitted and accepted by Owner within forty-five (45) days of receipt in accordance with
the Florida Local Government Prompt Payment Act, section 218.735, Florida Statutes.
5.4 Each application for payment shall be based upon the schedule of values submitted
by the Contractor in accordance with the Contract Documents. The schedule of values shall
allocate the entire Contract Sum among the various portions of the Work and be prepared
in such form and supported by such data to substantiate its accuracy. This schedule shall
be used as a basis for reviewing the Contractor's applications for payment.
5.5 Documents Included. Each Pay Application shall include an affidavit or partial
release or waiver by Contractor indicating that partial payments received from the County
for the Work have been applied by Contractor to discharge in full all of Contractor’s
obligations, including payments to Subcontractors and material suppliers. Partial Releases
by Subcontractors shall also be included with each Application and required, as applicable.
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5.6 Subject to the provisions of the Contract Documents, the amount of each progress
payment shall be computed as follows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed
Work as determined by multiplying the percentage completion of each portion of
the Work by the share of the total Contract Sum allocated to that portion of the
Work in the Schedule of Values, less retainage of Ten Percent 10%.
5.6.2 Pending final determination of cost by the Owner of changes in the Work,
amounts not in dispute may be included in Applications for Payment. The amount
of credit to be allowed by the Contractor to the Owner for a deletion or change
which results in a net decrease in the Contract Sum shall be the net cost to the
Owner, less Overhead, Profit and Documented Costs incurred prior to the change
Request, if applicable, as indicated in the corresponding line item in the approved
Schedule of Values for that line item as confirmed by the Owner’s Representative.
When both additions and credits covering related Work or substitutions are
involved in a change, the allowance for overhead and profit shall be figured on the
basis of net increase, if any, with respect to that change.
5.6.3 Add that portion of the Contract Sum properly allocable to materials and
equipment delivered and suitably stored at the site for subsequent incorporation in
the completed construction (or, if approved in advance by the Owner, suitably
stored off the site at a location agreed upon in writing), less retainage.
5.6.4 Subtract the aggregate of previous payments made by the
Owner; and
5.6.5 Subtract amounts, if any, for which the Owner’s Representative has
provided written notice will be withheld or nullified.
5.7 Retainage of 10% will be withheld in accordance with section 218.735 8(b), Florida
Statut
es.
5.8 Reduction or limitation of retainage, if any, shall be as follows:
Monroe County is exempt from and not subject to Florida Statutes 255.078, "Public
Construction Retainage." Reduction or limitation of retainage, if any, shall be reduced
incrementally at the
discretion of and upon the approval of the Owner.
5.9 Final payment, constituting the entire unpaid balance of the Contract Sum, shall
be made by the Owner to the Contractor when (1) the Scope of Work as described in
Contract has been fully performed by the Contractor except for the Contractor's
responsibility to correct nonconforming Work, if written notice has been provided by
Owner, and to satisfy other requirements, if any, which shall necessarily survive final
payment, and (2) a final approval for payment has been issued by the Owner. Such final
payment shall be made by the Owner pursuant to the “Florida Local Government Prompt
Payment Act” days after the issuance of the final approval for payment.
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ARTICLE 6 Notices.
6.1 Unless otherwise provided herein, any notice or demand required or
permitted to be given under this Agreement shall be effective when received if
given by facsimile (with confirmation requested) or if given in writing and received
by delivery service guaranteeing next day delivery, delivery charges prepaid, as
follows:
If to Contractor:
at the address first set forth
above.
If to Owner:
Roman Gastesi, County
Administrator, or designee, at the
address first set forth above.
and
Steven Hudson, Fire Chief, at the
address first set forth above.
and
Monroe County Attorney’s Office
th
1111 12 Street, Suite 408
Key West, Florida 33040
6.2 Either party hereto may change the place and/or person for the giving of notice by
providing written notice to the other as set forth above.
6.3 Owner’s Representative is herein designated as
at the address first set forth above.
ARTICLE 7 Miscellaneous Provisions.
7.1 Pursuant to Florida Statute § 287.0582, the Owner’s performance and obligation
to pay under this contract is contingent upon an annual appropriation by the Board of
County Commissioners. The parties agree this Agreementmay bind Monroe County for
the purchase of services or tangible personal property for a period in excess of one (1)
fiscal year, moreover the parties agree Monroe County’s performance and obligation to
pay under this contract is contingent upon an annual appropriation by the Monroe County
Board of County Commissioners.
7.2 A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a proposal on a contract with a
public entity for the construction or repair of a public building or public work, may not
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submit proposals on leases of real property to public entity, may not be awarded or
perform work as contractor, supplier, subcontractor, or consultant under a contract with
any public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
7.3 Contractor Represents the following:
7.3.1 Contractor has examined and carefully studied the Contract Documents and
the other data identified in the Request for SolicitationDocuments.
7.3.2 Contractor has visited the Site(s) identified in the Scope of Work and
become familiar with and is satisfied as to the general and local conditions and Site
conditions that may affect cost, progress, performance or furnishing of the Work.
7.3.3 Contractor is familiar with and is satisfied as to all federal, state and local
laws, regulations and permits that may affect cost, progress, performance and
furnishing of the Work. Contractor agrees that it will at all times comply with all
requirements of the foregoing laws, regulations and permits.
7.3.4 Contractor has made, or caused to be made, examinations, investigations,
tests and/or studies as necessary to determine surface and subsurface conditions at
or on the Site. Contractor acknowledges that the County does not assume
responsibility for the accuracy or completeness of information and data shown or
indicated in the Contract Documents with respect to Underground Facilities at or
contiguous to the Site. Contractor has obtained and carefully studied (or assumes
responsibility for having done so) all such additional supplementary examinations,
investigations, explorations, tests, studies and data concerning conditions (surface,
subsurface and Underground Facilities) at or contiguous to the Site or otherwise
which may affect cost, progress, performance or furnishing of the Work or which
relate to any aspect of the means, methods, techniques, sequences and procedures
of construction to be employed by Contractor and safety precautions and programs
incident thereto. Contractor does not consider that any additional examinations,
investigations, explorations, tests, studies or data are necessary for the performance
and furnishing of the Work at the Contract Price, within the Contract Times and in
accordance with the other terms and conditions of the Contract Documents.
7.3.5 Contractor has given County written notice of all conflicts, errors,
ambiguities or discrepancies that Contractor has discovered in the Contract
Documents and the written resolution thereof by County is acceptable to
Contractor, and the Contract Documents are generally sufficient to indicate and
convey understanding of all terms and conditions for performance and furnishing
of the Work.
7.3.6 The Contractor agrees and represents that it possesses the requisite skills to
perform the Work and that the Work shall be executed in a good and workmanlike
manner, free from defects, and that all materials shall be new and approved by or
acceptable to the County, except as otherwise expressly provided for in the Contract
Documents. The Contractor shall cause all materials and other parts of the Work to
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be readily available as and when required or needed for or in connection with the
construction, furnishing and equipping of the Work.
7.7 The following items are included in this contract:
7.7.1 Contractor shall maintain all books, records, and documents directly
pertinent to performance under this Agreement in accordance with generally
accepted accounting principles consistently applied. Each party to this Agreement
or their authorized representatives shall have reasonable and timely access to such
records of each other party to this Agreement for public records purposes during
the term of the Agreement and for four years following the termination of this
Agreement. If an auditor employed by Monroe County or the County Clerk
determines that monies paid to Contractor pursuant to this Agreement were spent
for purposes not authorized by this Agreement, the Contractor shall repay the
monies together with interest calculated pursuant to Sec. 55.03, FS, running from
the date the monies were paid to Contractor.
7.7.2 Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement
shall be governed by and construed in accordance with the laws of the State of
Florida applicable to contracts made and to be performed entirely in the State. In
the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the Owner and Contractor agree
that venue shall lie in the appropriate court or before the appropriate administrative
body in Monroe County, Florida. Moreover, the County will not agree to arbitration
to settle a dispute in any action or proceeding under any theory of liability arising
out of or in any way connected with this agreement or the transactions it
contemplates.
7.7.3 Severability. If any term, covenant, condition or provision of this
Agreement (or the application thereof to any circumstance or person) shall be
declared invalid or unenforceable to any extent by a court of competent jurisdiction,
the remaining terms, covenants, conditions and provisions of this Agreement, shall
not be affected thereby; and each remaining term, covenant, condition and
provision of this Agreement shall be valid and shall be enforceable to the fullest
extent permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the accomplishment of
the original intent of this Agreement. The Owner and Contractor agree to reform
the Agreement to replace any stricken provision with a valid provision that comes
as close as possible to the intent of the stricken provision.
7.7.4 Attorney's Fees and Costs. The Owner and Contractor agree that in the
event that any cause of action or administrative proceeding is initiated or defended
by any party relative to the enforcement or interpretation of this Agreement, the
prevailing party shall be entitled to reasonable attorney's fees and court costs as an
award against the non-prevailing party and shall include attorney's fees and courts
costs in appellate proceedings.
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7.7.5 Binding Effect. The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of the County and Contractor and
their respective legal representatives, successors, and assigns.
7.7.6 Authority. Each party represents and warrants to the other that the
execution, delivery and performance of this Agreement have been duly authorized
by all necessary County and corporate actions, as required by law. Each party
agrees that it has had ample opportunity to submit this Agreement to legal counsel
of its choice and enters into this Agreement freely, voluntarily and with advice of
counsel.
7.7.7 Claims for Federal or State Aid. Contractor and Owner agree that each shall
be, and is, empowered to apply for, seek, and obtain federal and state funds to
further the purpose of this Agreement; provided that all applications, requests, grant
proposals, and funding solicitations shall be approved by each party prior to
submission.
7.7.8 Adjudication of Disputes or Disagreements. Owner and Contractor agree
that all disputes and disagreements shall be attempted to be resolved by meet and
confer sessions between representatives of each of the parties. If the issue or issues
are still not resolved to the satisfaction of the parties, then any party shall have the
right to seek such relief or remedy as may be provided by this Agreement or by
Florida law. This Agreement is not subject to arbitration.
7.7.9 Cooperation. In the event any administrative or legal proceeding is
instituted against either party relating to the formation, execution, performance, or
breach of this Agreement, Owner and Contractor agree to participate, to the extent
required by the other party, in all proceedings, hearings, processes, meetings, and
other activities related to the substance of this Agreement or provision of the
services under this Agreement. Owner and Contractor specifically agree that no
party to this Agreement shall be required to enter into any arbitration proceedings
related to this Agreement.
7.7.10 Nondiscrimination. Owner and Contractor agree that there will be no
discrimination against any person, and it is expressly understood that upon a
determination by a court of competent jurisdiction that discrimination has
occurred, this Agreement automatically terminates without any further action on
the part of any party, effective the date of the court order. Owner and Contractor
agree to comply with all Federal and Florida statutes, and all local ordinances, as
applicable, relating to nondiscrimination. These include but are not limited to: 1)
Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits
discrimination on the basis of race, color or national origin; 2) Title IX of the
Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-
1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the
Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of
1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the
basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255),
as amended, relating to nondiscrimination on the basis of drug abuse; 6) The
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Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public
Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3),
as amended, relating to confidentiality of alcohol and drug abuse patient records;
8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe
amended from time to time, relating to nondiscrimination on the basis of
disability; and 10) Any other nondiscrimination provisions in any Federal or state
statutes which may apply to the parties to, or the subject matter of, this
Agreement.
7.7.11 Covenant of No Interest. Owner and Contractor covenant that neither
presently has any interest, and shall not acquire any interest, which would conflict
in any manner or degree with its performance under this Agreement, and that the
only interest of each is to perform and receive benefits as recited in this Agreement.
7.7.12 Code of Ethics. Owner agrees that officers and employees of Monroe
County recognize and will be required to comply with the standards of conduct for
public officers and employees as delineated in Section 112.313, Florida Statutes,
regarding, but not limited to, solicitation or of acceptance of gifts; doing business
with one's agency; unauthorized compensation; misuse of public position,
conflicting employment or contractual relationship; and disclosure or use of certain
information.
7.7.13 No Solicitation/Payment. The Owner and Contractor warrant that, in
respect to itself, it has neither employed nor retained any company or person, other
than a bona fide employee working solely for it, to solicit or secure this Agreement
and that it has not paid or agreed to pay any person, company, corporation,
individual, or firm, other than a bona fide employee working solely for it, any fee,
commission, percentage, gift, or other consideration contingent upon or resulting
from the award or making of this Agreement. For the breach or violation of the
provision, the Contractor agrees that the Owner shall have the right to terminate
this Agreement without liability and, at its discretion, to offset from monies owed,
or otherwise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
7.7.14 Public Access. The Owner and Contractor shall allow and permit
reasonable access to, and inspection of, all documents, papers, letters, or other
materials in its possession or under its control subject to the provisions of Chapter
119, Florida Statutes, and made or received by the County and Contractor in
conjunction with this Agreement; and the County shall have the right to
unilaterally cancel this Agreement upon violation of this provision by Contractor.
Contractor is required to:
7.7.14.1 Keep and maintain public records that ordinarily and
necessarily would be required by the public agency in order to perform the
service.
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7.7.14.2 Provide the public with access to public records on the same
terms and conditions that the public agency would provide the records and
at a cost that does not exceed the cost provided in this chapter or as
otherwise provided by law.
7.7.14.3 Ensure that public records that are exempt or confidential
and exempt from public records disclosure requirements are not disclosed
except as authorized by law.
7.7.14.4 Meet all requirements for retaining public records and
transfer, at no cost, to the public agency all public records in possession of
the contractor 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 electronically must be
provided to the public agency in a format that is compatible with the
information technology systems of the public agency.
7.7.15 Non-Waiver of Immunity. Notwithstanding the provisions of Sec.
768.28, Florida Statutes, the participation of the Contractor and the Owner
in this Agreement and the acquisition of any commercial liability insurance
coverage, self-insurance coverage, or local government liability insurance
pool coverage shall not be deemed a waiver of immunity to the extent of
liability coverage, nor shall any contract entered into by the Owner be
required to contain any provision for waiver.
7.7.16 Privileges and Immunities. All of the privileges and immunities
from liability, exemptions from laws, ordinances, and rules and pensions
and relief, disability, workers' compensation, and other benefits which
apply to the activity of officers, agents, or employees of any public agents
or employees of the Owner, when performing their respective functions
under this Agreement within the territorial limits of the Owner shall apply
to the same degree and extent to the performance of such functions and
duties of such officers, agents, volunteers, or employees outside the
territorial limits of the Owner.
7.7.17 Legal Obligations and Responsibilities: Non-Delegation of
Constitutional or StatutoryDuties. This Agreement is not intended to, nor
shall it be construed as, relieving any participating entity from any
obligation or responsibility imposed upon the entity by law except to the
extent of actual and timely performance thereof by any participating entity,
in which case the performance may be offered in satisfaction of the
obligation or responsibility. Further, this Agreement is not intended to, nor
shall it be construed as, authorizing the delegation of the constitutional or
statutory duties of the Owner, except to the extent permitted by the Florida
constitution, state statute, and case law.
7.7.18 Non-Reliance by Non-Parties. No person or entity shall be entitled
to rely upon the terms, or any of them, of this Agreement to enforce or
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attempt to enforce any third-party claim or entitlement to or benefit of any
service or program contemplated hereunder, and the Ownerand the
Contractor agree that neither the Owner nor the Contractor or any agent,
officer, or employee of either shall have the authority to inform, counsel, or
otherwise indicate that any particular individual or group of individuals,
entity or entities, have entitlements or benefits under this Agreement
separate and apart, inferior to, or superior to the community in general or
for the purposes contemplated in this Agreement.
7.7.19 Attestations. Contractor agrees to execute such documents as the
County may reasonably require, to include a Public Entity Crime Statement,
an Ethics Statement, and a Drug-Free Workplace Statement.
7.7.20 No Personal Liability. No covenant or agreement contained herein
shall be deemed to be a covenant or agreement of any member, officer,
agent or employee of Monroe County in his or her individual capacity, and
no member, officer, agent or employee of Monroe County shall be liable
personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
7.7.21 Execution in Counterparts. This Agreement may be executed in any
number of counterparts, each of which shall be regarded as an original, all
of which taken together shall constitute one and the same instrument and
any of the parties hereto may execute this Agreement by signing any such
counterpart.
7.7.22 Hold Harmless and Indemnification. Notwithstanding any
minimum insurance requirements prescribed elsewhere in this Agreement,
Contractor shall defend, indemnify and hold the Owner and its elected and
appointed officers and employees harmless from and against (i) any claims,
actions or causes of action, (ii) any litigation, administrative proceedings,
appellate proceedings, or other proceedings relating to any type of injury
(including death), loss, damage, fine, penalty or business interruption, and
(iii) any costs or expenses that may be asserted against, initiated with
respect to, or sustained by, any indemnified party by reason of, or in
connection with, (A) any activity of Contractor or any of its employees,
agents, contractors or other invitees during the term of this Agreement, (B)
the negligence or recklessness, intentional wrongful misconduct, errors or
other wrongful act or omission of Contractor or any of its employees,
agents, sub-contractors or other invitees, or (C) Contractor's default in
respect of any of the obligations that it undertakes under the terms of this
Agreement, except to the extent the claims, actions, causes of action,
litigation, proceedings, costs or expenses arise from the intentional or sole
negligent acts or omissions of the Owner or any of its employees, agents,
contractors or invitees (other than Contractor). Insofar as the claims,
actions, causes of action, litigation, proceedings, costs or expenses relate to
events or circumstances that occur during the term of this Agreement, this
section will survive the expiration of the term of this Agreement or any
earlier termination of this Agreement.
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7.7.22.1 In the event that the completion of the Scope of
Work, to include the work of others if applicable,is delayed or
suspended as a result of the Contractors failure to purchase or
maintain the required insurance, the Contractor shall indemnify the
Owner from any and all increased expenses resulting from such
delay. Should any claims be asserted against the Owner by virtue
of any deficiency or ambiguity in the plans and specifications
provided by the Contractor, the Contractor agrees and warrants that
the Contractor shall hold the Owner harmless and shall indemnify
it from all losses occurring thereby and shall further defend any
claim or action on the Owner's behalf.
7.7.22.2 The first ten dollars ($10.00) of remuneration paid to
the Contractor is for the indemnification provided for the above.
7.7.23 Section Headings. Section headings have been inserted in this
Agreement as a matter of convenience of reference only, and it is agreed
that such section headings are not a part of this Agreement and will not be
used in the interpretation of any provision of this Agreement.
7.7.24 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It
is the policy of the Ownerthat DBE's, as defined in C.F.R. Part 26, as
amended, shall have the opportunity to participate in the performance of
contracts financed in whole or in part with County funds under this
agreement. The DBE requirements of applicable federal and state laws and
regulations apply to this Agreement. The Owner and its Contractor agree to
ensure that DBE's have the opportunity to participate in the performance of
the Agreement. In this regard, all recipients and contractors shall take all
necessary and reasonable steps in accordance with applicable federal and
state laws and regulations to ensure that DBE's have the opportunity to
compete and perform contracts. The Owner and Contractor and
subcontractors shall not discriminate on the basis of race, color, national
origin or sex in award and performance of contracts, entered pursuant to
this Agreement.
7.7.25 Agreements with Subcontractors. In the event that the Contractor
subcontracts any or all of the work in this project to any third party, the
Contractor specifically agrees to identify the Owner as an additional insured
on all insurance policies required by the Owner. In addition, the Contractor
specifically agrees that all agreements or contracts of any nature with its
subcontractors shall be approved by Owner in writing and include the
Owner as additional insured.
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ARTICLE8 Termination.
8.1 By Owner for Convenience. The Owner may request that Contractor stop any and
all work at any time, for any reason. The Owner shall pay Contractor for all work properly
performed prior to the termination.
8.2 By Contractor for Cause. Contractor may terminate performance of
this agreement for cause at any time upon written notice to Owner
(including notice by email).
ARTICLE 9 Florida Public Records Law.
In accordance with Chapter 119.0701, Florida Statues, the Contractor shall:
9.1 Keep and maintain public records required by the Owner to perform the Work as
described in the Agreement.
9.2 Upon request from the Owner’s custodian of public records, provide the Owner
with a copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided in this chapter or as
otherwise provided by law.
9.3 Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor
does not transfer the records to the public agency.
9.4 Upon completion of the Agreement, transfer, at no cost, to the Owner all public
records in possession of the Contractor or keep and maintain public records required by the
public agency to perform the service. If the Contractor transfers all public records to the
public agency upon completion of the Agreement, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the Agreement, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the public
agency., upon request from the public agency’s custodian of public records, in a format
that is compatible with the information technology systems of the public agency.
9.5 A Contractor who fails to provide public records to Monroe County or pursuant to
a valid public records request within a reasonable time may be subject to penalties under
Chapter 119.10, Florida Statutes.
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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: BRIAN BRADLEY, C/O MONROE
TH
COUNTY ATTORNEY’S OFFICE, 1111 12 STREET, SUITE 408, KEY WEST, FL
33040, Bradley-Brian@MonroeCounty-fl.gov, (305) 292-3470.
Article 10 Safety Requirements.
10.1 Safety Precautions and Programs
10.1.1 The Contractor shall be responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the
performance of the Work.
10.1.2 In the event the Contractor encounters on the site material
reasonably believed to be asbestos or polychlorinated biphenyl (PCB)
which has not been rendered harmless, the Contractor shall immediately
stop Work in the area affected and report the condition to the Owner’s
Representative in writing. The Work in the affected area shall not
thereafter be resumed except by written agreement of the Owner and
Contractor if in fact the material is asbestos or polychlorinated biphenyl
(PCB) and has not been rendered harmless. The Work in the affected area
shall be resumed in the absence of asbestos or polychlorinated biphenyl
(PCB), or when it has been rendered harmless, and notice provided by
Owner.
10.1.3 The Contractor shall not be required to perform without consent
any Work relating to asbestos or polychlorinated biphenyl (PCB).
10.1.4 If reasonable precautions will be inadequate to prevent foreseeable
bodily injury or death to persons resulting from a material or substance
encountered on the site by the Contractor, the Contractor shall, upon
recognizing the condition, immediately stop Work in the affected area and
report the condition to the Owner’s Representative in writing. The Owner
and Contractor shall then proceed in the same manner described in
Subparagraph 10.1.2.
10.1.5 The Owner shall be responsible for obtaining the services of a
licensed laboratory to verify a presence or absence of the material or
substance reported by the Contractor and, in the event such material or
substance is found to be present, to verify that it has been rendered
harmless. Unless otherwise required by the Contract Documents, the
Owner shall furnish in writing to the Contractor,the names and
qualifications of persons or entities to perform tests verifying the presence
or absence or substance. or who are to perform the task of removal or safe
containment of such material or substance. The Contractor shall promptly
reply to the Owner in writing stating whether there is a reasonable
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objection to the persons or entities proposed by the Owner. If the
Contractor has an objection to a person or entity proposed by the Owner,
the Owner shall propose another to whom the Contractor has no
reasonable objection.
10.2 Safety of Persons and Property
10.2.1 The Contractor shall take reasonable precautions for safety of, and
shall provide reasonable protection to prevent damage, injury or loss to:
10.2.1.1 Employees performing the Work and other persons
who may be affected thereby.
10.2.1.2 The Work, materials and equipment to be
incorporated therein, whether in storage on or off the site, under
care, custody or control of the Contractor or the Contractor's
Subcontractors.
10.2.1.3 Other property at the site or adjacent thereto, such
as trees, shrubs, lawns, walks, pavements, roadways, structures
and utilities not designated for removal, relocation or replacement
in the course of the Work; and
10.2.1.4 Construction or operations by the Owner or other
Contractors.
10.3 The Contractor shall give notices and comply with applicable laws, ordinances,
rules, regulations and lawful orders of public authorities regarding the safeguarding of
persons or property or their protection from damage, injury or loss.
10.4 The Contractor shall erect and maintain, as required by existing conditions and
performance of the Contract, reasonable safeguards for safety and protection, including
posting danger signs and other warnings against hazards, promulgating safety regulations
and notifying owners and users of adjacent sites and utilities.
10.5 When use or storage of explosives or other hazardous materials or equipment or
unusual methods are necessary for execution of the Work, the Contractor shall exercise
utmost care and carry on such activities under supervision of properly qualified personnel.
10.6 The Contractor shall promptly remedy damage and loss to property referred to in
Subparagraphs 10.2.1.2, 10.2.1.3, 10.2.1.4 caused by Contractor, a Subcontractor, or
anyone directly or indirectly employed by any of them, or by anyone for whose acts they
may be liable and for which the Contractor is responsible under Subparagraphs 10.2.1,
except damage or loss attributable to acts or omissions of the Owner, or anyone directly
or indirectly employed by any of them, or by anyone for whose acts any of them may be
liable, and not attributable to the fault or negligence of the Contractor. The foregoing
obligations of the Contractor are in addition to the Contractor's obligations herein.
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10.7 The Contractor shall designate a responsible member of the Contractor's
organization at the site whose duty shall be the prevention of accidents. This person shall
be the Contractor's Representative unless otherwise designated by the Contractor in
writing to the Owner.
10.8 Emergencies. In an emergency affecting safety of persons or property, the
Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or
loss. Additional extension of time or compensation claimed by the Contractor as a result
of an emergency shall be requested in writing to Owner’s Representative.
ARTICLE 11 Insurance.
11.1 Prior to commencement of Work governed by this contract (including the pre-
staging of personnel and material), the Contractor shall obtain, at its own expense,
insurance as follows:
11.1.1 Policies shall be written by
companies licensed to do business in the State of Florida and
having an agent for service of process in the State of Florida.
All insurance companies shall have an A.M. Best rating of
A- and a Financial Size of VI or better. The required
insurance shall be maintained at all times while
CONTRACTOR is providing service to COUNTY.
11.1.1.1 General Liability Insurance: Prior to the
commencement of work governed by this contract, the Contractor
shall obtain General Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a
minimum:
11.1.1.1.1 Premises Operations
11.1.1.1.2 Products and Completed Operations
11.1.1.1.3 Blanket Contractual Liability
11.1.1.1.4 Personal Injury Liability
11.1.1.1.5 Expanded Definition of Property Damage
11.1.1.1.6 The minimum limits acceptable shall be:
$500,000 Combined Single Limit (CSL).
11.1.1.2 If split limits are provided, the minimum limits
acceptable shall be:
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11.1.1.2.1$250,000 per Person
11.1.1.2.2$500,000 per Occurrence
11.1.1.2.3$ 50,000 Property Damage
11.1.1.3 An Occurrence Form policy is preferred. If
coverage is provided on a Claims Made policy, its provisions
should include coverage for claims filed on or after the effective
date of this contract. In addition, the period for which claims may
be reported should extend for a minimum of twelve (12) months
following the acceptance of work by the County.
11.1.1.3.1 The Monroe County Board of County
Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
11.1.1.4 General Liability Insurance Additional:
Recognizing that the work governed by this contract involves
either underground exposures, explosive activities, or the
possibility of collapse of a structure, the Contractor's General
Liability Policy shall include coverage for the XCU (explosion,
collapse, and underground) exposures with limits of liability equal
to those of the General Liability Insurance policy.
11.1.1.5 Vehicle Liability Insurance:
Recognizing that the work governed by this contract requires the
use of vehicles, the Contractor, prior to the commencement of
work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a
minimum, liability coverage for:
11.1.1.5.1 Owned, Non-Owned, and Hired Vehicles
11.1.1.5.2 The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
11.1.1.5.3 If split limits are provided, the minimum limits
acceptable shall be:
11.1.1.5.1$100,000 per Person
11.1.1.5.2$300,000 per Occurrence
11.1.1.5.3$ 50,000 Property Damage
11.1.1.5.4 The Monroe County Board of
County Commissioners shall be named as
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Additional Insured on all policies issued to satisfy
the above requirements.
11.1.1.6 Workers Compensation Insurance
Prior to the commencement of work governed by this contract, the
Contractor shall obtain Workers' Compensation Insurance with
limits sufficient to respond to the applicable state statutes.
11.1.1.7 In addition, the Contractor shall obtain Employers'
Liability Insurance with limits of not less than:
11.1.1.7.1$500,000 Bodily Injury by Accident
11.1.1.7.2 $500,000 Bodily Injury by Disease,
policy limits
11.1.1.7.3 $500,000 Bodily Injury by Disease,
each employee
11.1.2 If the Contractor has been approved by the Florida's Department of
Labor as an authorized self-insurer, the County shall recognize and honor
the Contractor's status. The Contractor may be required to submit a Letter
of Authorization issued by the Department of Labor and a Certificate of
Insurance, providing details on the Contractor's Excess Insurance
Program.
11.1.3 If the Contractor participates in a self-insurance fund, a Certificate
of Insurance will be required. In addition, the Contractor may be required
to submit updated financial statements from the fund upon request from the
County.
11.1.4 In the event that the service is delayed or suspended as a result of
the Respondents failure to purchase or maintain the required insurance, the
Respondent shall indemnify the County from any and all increased expenses
resulting from such delay.
11.1.5 The Contractor will ensure that the insurance obtained will extend
protection to all subcontractors engaged by the Contractor. As an
alternative the Contractor may require all subcontractors to obtain
insurance consistent with the attached schedules.
11.1.6 The Contractor will not be permitted to commence Work governed
by the Agreement (including pre-staging of personnel and material) until
satisfactory evidence of the required insurance has been furnished to the
County as specified below. Delays in the commencement of Work
resulting from the failure of the Contractor to provide satisfactory evidence
of the required insurance shall not extend deadlines specified in this
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Agreement and any penalties and failure to perform assessments shall be
imposed as if the Work commenced on the specified date and time, except
for the Contractor's failure to provide satisfactory evidence of insurance.
11.1.7 The Contractor shall maintain the required insurance throughout the
entire term of this Agreementand any extensions specified in any attached
schedules. Failure to comply with this provision may result in the
immediate suspension of all Work until the required insurance has been
reinstated or replaced. Delays in the completion of Work resulting from
the failure of the Contractor to maintain the required insurance shall not
extend deadlines specified in this Agreement and any penalties and failure
to perform assessments shall be imposed as if the Work commenced on the
specified date and time, except for the Contractor's failure to provide
satisfactory evidence of insurance.
11.1.8 The Contractor shall provide to Owner, as satisfactory evidence of
the required insurance, eithera Certificate of Insurance or acertified copy
of the actual insurance policy.
11.1.9 The County, at its sole option, has the right to request a certified
copy of any or all insurance policies required by this Agreement.
11.1.10 All insurance policies must specify that they are not subject to
cancellation, nonrenewal, material change, or reduction in coverage unless
a minimum of thirty (30) days prior notification is given to the County by
the insurer.
11.1.11 The acceptance and/or approval of the Contractor's insurance shall
not be construed as relieving the Contractor from any liability or obligation
assumed under this contract or imposed bylaw.
11.1.12 The Monroe County Board of County Commissioners, its
employees and officials will be included as an "Additional Insured" on all
policies, except for Worker's Compensation.
11.1.13 In addition, the Monroe County Board of County Commissioners
will be named as an additional insured and loss payee on all policies
covering County-owned property.
11.1.14 Any deviations from these General Insurance Requirements must
be requested in writing on the County prepared form entitled "Request for
Waiver of Insurance Requirements" and approved by the Monroe County's
Risk Manager.
11.2 Builder's Risk Insurance: Not required
11.3 Public Construction Bond: For purposes of the Contract, Year 1 shall be used for
the “amount of the cost of construction.”
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Public Construction Bond in the amount of the cost of construction is a requirement of
this Contract. Bond must be issued by an A rated surety company doing business in the
State of Florida.
ARTICLE 12Uncovering and Correction of
Work.
12.1 Uncovering of
Work
12.1.1 If any portion of the Work has been covered prior to inspection by
Owner, or anyrequirements specifically requested by Owner, it must, if
required in writing by Owner, be uncovered for their observation and be
replaced at the Contractor's expense without change in the Contract Time.
12.1.2 If a portion of the Work has been covered which the Owner has not
specifically requested to observe prior to its being covered, the Owner may
request to see such Work and it shall be uncovered by the Contractor. If
such Work is in accordance with the requirements of the Work, costs of
uncovering and replacement shall, by appropriate Change Order, and be
charged to the Owner. If such Work is not in accordance with the
requirements of the Work, the Contractor shall pay such costs, unless the
condition was caused by the Owner, in which event the Owner shall be
responsible for payment of such costs.
12.2 Correction of
Work.
12.2.1 The Contractor shall promptly correct Work rejected by Ownerfor
failing to conform to the requirements as outlined in the Scope of Work,
whether or not fabricated, installed or completed. The Contractor shall
bear costs of correcting such rejected Work, including additional testing
and inspections.
12.2.2 If, within one year after the date of final payment for the Work or
designated portion thereof, or after the date for commencement of
warranties established in this Agreement, or by terms of an applicable
special warranty required by the requirements of the Work, any of the
Work is found to be not in accordance with the requirements of the Work,
the Contractor shall correct it promptly after receipt of written notice from
the Owner to do so unless the Owner has previously given the Contractor
a written acceptance of such condition. This period of one year shall be
extended with respect to portions of Work first performed after Substantial
Completion by the period of time between Substantial Completion and the
actual performance of the Work. This obligation under this Subparagraph
12.2.2 shall survive acceptance of the Work under the Contract and
termination of the Contract. The Owner shall give such notice promptly
after discovery of any such condition.
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12.2.3 The Contractor shall remove from the site portions of the Work
which are not in accordance with the requirements of the Work and are
neither corrected by the Contractor nor accepted by the Owner.
12.2.4 If the Contractor fails to correct nonconforming Work within a
reasonable time, the Owner may correct it in accordance with this
paragraph. If the Contractor does not proceed with correction of such
nonconforming Work within a reasonable time fixed by written notice from
Owner, the Owner may remove it and store the salvageable materials or
equipment at the Contractor's expense. If the Contractor does not pay costs
of such removal and storage within ten days after written notice, the Owner
may upon ten additional days' written notice sell such materials and
equipment at auction or at private sale and shall account for the proceeds
thereof, after deducting costs and damages that should have been borne by
the Contractor. If such proceeds of sale do not cover costs which the
Contractor should have borne, the Contract Sum shall be reduced by the
deficiency. If payments then or thereafter due the Contractor are not
sufficient to cover such amount, the Contractor shall pay the difference to
the Owner.
12.2.5 The Contractor shall bear the cost of correcting destroyed or
damaged construction, whether completed or partially completed, of the
Owner or other Contractors caused by the Contractor's correction or
removal of Work which is not in accordance with the requirements of the
Work.
12.2.6 Nothing contained in this Agreement shall be construed to
establish a period of limitation with respect to other obligations which the
Contractor might have as part of the requirements of the Work.
Establishment of the time period of one year as described in Subparagraph
12.2.2, relates only to the specific obligation of the Contractor to correct
the Work, and has no relationship to the time within which the obligation
to comply with the Agreement may be sought to be enforced, nor to the
time within which proceedings may be commenced to establish the
Contractor's liability with respect to the Contractor's obligations other than
specifically to correct the Work.
12.3 Acceptance of Nonconforming
Work
12.3.1 If the Owner prefers to accept Work which is not in accordance
with the requirements of the Work, the Owner may do so instead of
requiring its removal and correction, in which case the Contract Sum will
be reduced as appropriate and equitable. Such adjustment shall be affected
whether or not final payment has been made.
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ARTICLE 13 MiscellaneousProvisions.
13.1 Governing
Law
13.1.1 The contract shall be governed by the laws of the State of Florida.
Venue for any claims or disputes arising under this contract shall be in the
Circuit Court of the 16th Judicial Circuit of the State of Florida.
13.2 Successors and
Assigns
13.2.1 The Owner and the Contractor each binds himself, his partners,
successors, assigns, and legal representatives of such other party in respect
to all covenants, agreements, and obligations contained this Agreement.
Neither party to the Agreement shall assign its obligations under the
Agreement or sublet it as a whole without the written consent of the other.
13.2.2 The Contractor shall not assign any monies due or to become due
under this Contract without prior written consent of the Owner.
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IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement
on the day and year first above written.
Authorized Officer on behalf of Client:
Contractor:
By: By:
Name: Name:
Title: Title:
Date: Date:
(SEAL) BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA
ATTEST: KEVIN MADOK, CLERK
By: By:
Approved as to form and legal sufficiency
James Molenaar, Asst. County Attorney
Monroe County Attorney’s Office
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