Item C18
BOARD OF COUNTY COMMJSSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 15.2009 Division: Public Works
Bulk Item: Yes -X- No - Department: Facilities Maintenance
Staff Contact Person: Bob Stone /289-6036
AGENDA ITEM WORDlNG: Approval to award bid and execute contract to Glodix Construction
Corporation for Rolling Door Replacement - MCDC & Marathon Fleet.
ITEM BACKGROUND: On June 4, 2009, one bid was received from Glodix Construction Corp, for
$34,400,00 to construct the referenced project. $41,772.00 is the established budgeted for this project.
PREVIOUS RELEVANT BOCC ACTION: On June 18, 2008 and August 20, 2008, the BOCC
approved Federally Funded Sub-grant Agreements with the State of Florida Division of Emergency
Management providing hazardous mitigation grant funding for the Marathon Garage Overhead Door
Wind Retrofit Project and the Monroe County Detention Center Overhead Door Wind Retrofit Project.
On April 15, 2009. due to two bids being over budget and one bid being incomplete, the BOeC
approved rejecting all bids and re-bidding this project.
CONTRACT/AGREEMENT CHANGES: N/A
ST AFF RECOMMENDATIONS: Approval as stated above
TOT AL COST: $34.400.00 BUDGETED: Yes -X- No -
COST TO COUNTY: $8,600,00 SOURCE OF FUNDS: ad-valorem &
State 0 f Florida
REVENUE PRODUCING: Yes No X At\10UNT PER MONTH - Year -
-;lj.;. -
AJ>PROVED BY: County Atty/f-(-Q~)urchas1ng _ Rjsk Management
DOCUMENT A nON: Included ~ Not Required_
DISPOSITION: AGENDA ITEM #
Revised 1/03
-,--
MEMORANDUM
---,._-- .
-,. -,. .------.- -,-
DATE: JUNE 9, 2009
TO: DENT PIERCE, PUBLIC WORKS DrVISION DrRECTOR
FROM: BOB STONE, MIDDLE KEYS OPERATIONS DrRECTOR
RE: ROLLING DOOR REPLACEMENT
One bid was received on June 4, 2009 for the Rolling Door Replacement -
MCDC & Marathon Fleet as follows:
Glodix Construction Corp. $34,400,00
After reviewing Glodix's bid submission and conducting a telephone bid
clarification conference, all appears to be in order. Therefore, it is
recommended that Glodix Construction Corporation be awarded the
referenced contract. The established budget [or this project is
$41,772,00,
If there are any questions or more information is desired, please do not
hesitate to contact this office.
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MONROE COlI'ITY BOARD OF COUNTY COM\11SsrONERS
CONTRACT SUMMAR Y
Contract with: Glodix Construction Cor. Contract #PWD l55-210-2009
Effective Date: July 15, 2009
Expiration Date: Final Payment
Contract PurposefDescription:
"Rolling Door Replacement - MCDC & Marathon Fleet"
~ines Hazardous Mitigation Grants #09HM-6G~ 11-54-01-015 & #08HM~6G-II-54-0 1-077
Contract Manager: Bob Stone 6077/3995 Facilities - 9 or 16
(Name) (Ex!.) (Department/Stop #)
for BOCC meeting on 7/15/09 Agenda Deadline: 6/30/09
CONTRACT COSTS
Total Dollar Value of Contract: $ 34,400.00 Current Year Portion: $ 34,400,00
Budgeted? Yes~ No 0 Account Codes: ill-20534-G\1Q.B02-560620-v,' ~ ,e; s.::<.cc
Grant: $ .~ -;;.' 'y," 12'; - ;;'C::;3:::\ - (-'-IiI,h:")1 -9,,-'1.0./' :'fJ 2;:, 2Ye. -;(;
County Match: $ -&f*}\MIH- It, "i~::' _-_ __
- - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $200/yr For: Maintenance
(Nor included in dollar value above) (eg. maintenance, utLlilie~.janitorial, salaries, etc.)
CONTRACT REVIEW
Changes Date Out
Qat~ I.o Needed / r.-(-" Reviewer
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Comments: .
OMB Form Revised 2127/01 MCP #2
AGREEMENT
THIS AGREEMENT, ("Agreement") made and entered into this seventeenth day of June,
2009, by and between MONROE COUNTY, FLORIDA, ("County"), 1100 Whitehead
Street, Key West, Florida, and Glodix Construction Corporation ("Contractor") whose
address is 168 Bessie Road, Tavernier, Florida 33070.
\VlTNESSETH:
The parties hereto, for the consideration hereinafter set forth, mutually agree as follows:
1. THE CONTRACT
The contract between the County and the Contractor, of which this Agreement is a
part, consists of the contract documents, as specified in paragraph 2.
2. THE CONTRACT DOCUMENTS
The contTact documents consist of the Agreement, the Federally Funded Sub.
grant Agreements Number 09HM-6G-] ]-54-01-015 and 08HM-6G-II-54-0]-077
entered into and by the State of Florida, Division of Emergency Management and
the Monroe County Board of County Commissioners, which is made a part of this
agreement by reference, the Request for Bid, the Specifications, all Change
Orders and any addenda, the Contractor's Bid documents, any other amendments
hereto executed by the parties, together with the required County documents
furnished as part of the Bid or required to be furnished by the BID, and all
required insurance documentation.
3, SCOPE OF THE WORK - Rolling Door Rep]acement - MCDC, 5501 College
Road, Key West, Florida 33040 and Marathon Fleet, 10600 Aviation Blvd.,
Marathon. Florida 33050,
A. The Contractor shall perform all of the work required, implied or reasonably
inferable from this agreement. The tenn "work" shall mean whatever is done by
or required of the contractor to perform and complete its duties under this
agreement, including the following: construction of the whole or a designated part
of the project; furnishing of any required surety bonds and insurance; and the
provision or furnishing of labor, supervision, services, material, supplies,
equipment, fixtures, appliances, facilities, tools, tTansportation, storage, power,
the payment of any applicable sales and use taxes; procurement and payment of
any required permits from local, state or Federal authorities having jurisdiction,
royalties and product license fees; fuel, heat, light, cooling, and all other utilities
as required by this contract. A Building Permit will be required from the City of
Key West for tbe MCDC site and from Monroe County for the Marathon Fleet
site. It is the responsibility of the Contractor to obtain tbese permits, providing
any documentation required and for the payment of these permits. There will be
R.olliog Door Replacement I
no charge by the Building Department for the cost of the Monroe County permit.
The work to be performed by the contractor is generally described as follows:
The work includes removal and replacement of one +- 23' X 15' and one +- 23' X
\2' overhead rolling doors at the Monroe County Detention Center site and the
removal and replacement of four +- 14' X 16' rolling doors at the Fleet
Maintenance Facility site, as contained and described within the Contract
Documents.
4. THE CONTRACT AMOUNT
A. The Owner shall pay the Contractor in current funds for the Contractor's
performance of the Cont:racr per Paragraph 4.B of which follows, the Contract
sum ofThirty Four Thousand Four Hundred/lOa Dollars ($34,400.00).
B. This paragraph specifies administrative and procedural requirements
necessary to prepare and process Applications for Payment.
l. Bar-Chart Schedule: Prepare a fully developed, horizontal bar-cbart-
type, contractor's construction schedule. Submit to Owner for approval
within ten days after the date of Notice to Proceed.
a. Provide a separate time bar for each significant construction
activity. Provide a continuous vertical line to identify the first
working day of each week.
b. The time line between the Notice to Proceed and substantial
completion is not to exceed ninety days.
2, Application for Payment: Due to the anticipated short installation time
frame, only final payment will be made to the Contractor. When the final
work is accepted by the owner, the contractor shall invoice the County for
full and final payment. In addition, due to two HGMP grants being
incorporated within this agreement, the Contractor shall submit two
separate invoices; one for MCDC and one for Fleet Maintenance; to the
County for final payment broken down in tbe following line items:
Materials; Installation; Shipping, Permits and Fees,
A. The owner may decline to make payment, may withhold funds,
and if necessary, may demand the return of some or all of the
amounts previously paid to the contractor, to protect the owner from
loss because of:
l. defective work not remedied by the contractor nor, in the
opinion of the owner, likely to be remedied by the contractor;
Rolling Door Replacement 2
2. claims of third parties against the owner or the owner's
property;
3. failure by tbe contractor to pay subcontractors or others in a
prompt and proper fashion;
4. evidence that the balance of the work cannot be completed in
accordance with the contract (or the unpaid balance of the contract
price;
5, persistent failure to carry out the work in accordance wicb cbe
contract;
6, damage to the owner or a third party to whom tbe owner is, or
may be, liable.
In the event that tbe owner makes written demand upon the
contractor for amounts previously paid by the owner as
contemplated in this subparagrapb, the contractor shall promptly
comply with such demand,
3. When all of the work is flOally complete and the contractor is
ready for a flnal inspection, it shall notify the owner thereof in writing,
Thereupon, the owner will make final inspection of the work and, if work
is complete in full accordance with this COntract and this contract has been
fully performed. the owner will promptly issue a flnal certiflcate for
payment certifYing that the project is complete and the contractor is
entitled to the remainder of the unpaid contract price, less any amount
withheld pursuant to this contract. Guarantees required by the COntract
shall commence 00 the date of final completion of the work. If the owner
is unable to issue its final certificate for payment and is required to repeat
its fmal inspection of the work, the contractor shall bear the cost of such
repeat flnal inspection(s), which cost may be deducted by the owner from
the contractor's final payment.
4. The contractor shall not be entitled to final payment unJess and
until it submits to the owner its affidavit that all payrolls, invoices for
materials and equipment. and other liabilities connected with the work for
which the owner, or the owner's property might be responsible, have been
fully paid or otherwise satisfied; releases and waivers of lien from all
subcontractors of the contractor and of any and all parties required by the
owner,
s. Acceptance of fmal payment by the contractor sball constitute a
waiver of all claims against the owner by tbe contractor except for those
claims previously made in writing against the owner by the contractor,
Rolling Door Replacement 3
pending at the time of fmal payment, and identified in writing by the
contractor as UDsenled at the time of its request for final payment.
C. Final payment, constituting the entire unpaid balance oftbe Contract AmOUDt,
sball be made by the Owner to tbe Contractor when the Contract has been fully
performed by the Contractor.
5. SPECIFlCA nON
GENERAL
1.01 SUI'vfMARY
A. Tbis section includes: Electric operated Windstorm Resistant Overhead Rolling
Door.
1 Successfully tested per Architectural Testing Institute (A TI) under Dade
County latest protocols P A 201, P A 202, and P A 203 for a design load
per the current Miami-Dade and local Building Codes.
2 Manufacturer must be capable of providing certified Net Vertical and Net
Horizontal reaction forces imposed on doorjambs.
), Impact resistant coverings shall be tested at 1.5 times the design pressure
(positive or negative) express in pounds per square feet as determined by
the Florida Building Code, Building Section 1609 for which the specimen
is to be tested.
4. Cycle life: Design doors of standard construc110n for normal use of
40,000 cycles.
1.02 REFERENCES
A. ASTM A 653/A 653M - StandaId Specification for Steel Sheet, Zinc-Coated
(Galvanized) or Zinc-Iron Alloy-Coated (Galvannealed) by the Hot-Dip Process
B. ASThf A 36 - Standard Specification for Carbon Structural Steel, Hot Rolled
Steel
c. ASTM A 123 Standard Specification for Zinc (Hot-Dip Galvanized) Coatings
on Iron and Steel Products
D. ASTM A 312 - Standard Specification for Seamless, Welded, and Heavily Cold
Worked Austenitic Stainless Steel Pipes
E. ASTM A 240 - Standard Specification for Chromium and Chromium-Nickel
Stainless Steel Plate, Sheet, and Strip for Pressure Vessels and for General
Applications
F. ASTM A 276 - Standard Specification for Stainless Steel Bm: and Shapes
G ASTM A 31 - Standard Specification for Steel Rivets and Bars for Rivets,
Pressure Vessels
H, ASTM A 449 - StandaId Specification for Quenched and Tempered Steel Bolts
and Studs
Rolling Door Replacement ..
I. ASTM E 330 - Standard Test Method for Structural Performance of Exterior
Windows, Doors, Skylights and Curtain Walls by Uniform Static Air Pressure
Di fference
1. Dade County PA-201, PA-202, PA-203: Large Missile Impact Test, Cyclic
Wind Pressure Test, and Uniform Static Air Pressure Test
K, ASCE 7-02 - Standard Minimum Design Loads on Buildings and Other
Structures
1.03 SUBMITTAL - Prior to ordering any material, submit the following for
Owner's review:
A. Product Data: Provide manufacturer's standard details and catalog data. Provide
installation instructions.
B, Shop Drawings: Furnish shop drawings for Owner's review. Include elevation,
sections, and details indicating dimensions, materials, finishes, conditions for
anchorage and support at each specific door location,
C Submit Miami-Dade Building Code Compliance Office Notice Of Acceptance
(NOA) for proposed overhead rolling doors
D. Submit manufacturer's recommended operation, troubleshooting, and
maintenance instructions.
E. Submit certification tbat the overhead rolling door assemblies meet tbe wind
and impact standards of the current local codes,
].(}4 QUALITY ASSURANCE
A. Manufacturer: Rolling doors shall be manufactured by a firm with a minimum
of ftve years experience.
B. Single-Source Responsibility: Manufacturer shall provide doors, tracks, motors,
and accessories for each type of door. Secondary componeots shall come from
a source acceptable to the manufacturer of the primary components.
1.05 DELNERY, STORAGE, AND HANDLING
A. Deliver materials in original packaging supplied by manufacturer with intact
labels. Store materials away from hannfuJ environmental conditions and
construction.
1.06 WARRANTY
A. Door Warranty: Provide one year written warranty from date of Owner
acceptance against deficiencies due to defects in materials or worlananship.
Installer agrees to repair or replace any defects in materials or worlananship
with no cost to the Owner,
PART 2 - PRODUCTS
2.01 MA NUF ACTURER: Subject to compliance with requi.rements, provide
products by one of the following or approved equal:
A Alpine Overhead Doors, Inc.
Rolling Door Replacement 5
B. Atlas Door; Division of Cia pay Building Products Company, lne,
c. South Florida Rolling Door, lne,
D. Cookson Company
E. Cornell Iron Works, Inc.
F. Overhead Door Corporation
G. Metro Door
H. Raynor
I Windsor Door, a Magnatrax Corporation
202 MA TERlALS
A. Curtain: Fabricate overhead COiling door cunain of interlocking slats, designed
to withstand wind loading indicated, in a continuous length for width of door
without splices, Unless otherwise indicated, provide slats of thickness and
mechanical properties recommended by door manufacturer for performance,
size and type of door indicated, and as follows,
l. Slats to be A.S.T.M. A.653 Grade 50 structural quality steel with a
minimum Fy=50,Q ksi and 0-90 galvanizing.
a) Gauge: Minimum 20 gauge as per manufacturer standard
b) Finish: Galvanized according to ASTM A - 525 to 090
2. Windlocks to be "Malleable Iron" Fy = 42 KSI or AJ.SJ. designation
steel with Fy = 40 ksi or low carbon cast steel, Grade 70-46 per ASTM A
27.
3. Bottom Bar: Two continuous 2" x I" x 118" steel channels, through
bolted with galvanized 51l6" bolts at 16" on center or approved equal.
a) Material:
i) Galvanized Steel as per ASTM A 653/ A 653 M
b) Weather Stripping: Rubber astragal bolted betweeo bottom channels
wllh sensor edge.
B. Guides:
l. Fabricate cunain jamb guides of steel angles or channels and angles, with
sufficient depth and strength to retain curtain, to allow curtain to operate
smoothly and to withstand loading. Build up units witb not less than ';' ..
thick galvanized steel sections complying with ASTM A 36/A 36M and
ASTM A 123/ A 123M. Slot bolts holes for guide adjustment. Provide
removable SlOpS on guides to prevent over travel of curtain and a
continuous bar for holding windlocks. Provide guides and their
installation in compliance with the approved Miami-Dade Notice of
Acceptance and all local codes for the size of doors being installed.
c. Door Support Brackets and Mounting Plates:
Rolling Door Replacement 6
I. Steel plate not less than 114" thick, Provide ball bearings at rotating
support points. Bolt plates to wall mounting angles with minimum l/2"
fasteners. Plate supports counterbalance assembly and fOTITIS end
enclosures.
a) Material:
i) ASTM A 36 Carbon Steel:
Finish: Gray shop prime coat., ASTM A 123 Galvanized
b) Stop Lock Bearing: To prevent door from free falling in the event
drive operation fails,
D. Counterbalance Assembly: Torsion
l. Counterbalance assembly: Steel pipe barrel of a size capable of carrying a
curtain load with a maximwn deflection of 0.03" per foal of door width,
Heat-treated belical torsion springs encased in a steel pipe and designed
to include an overload factor of 25% to ensure minimum effort to operate.
Sealed and pre-lubricated high-speed ball bearing at rotating support
points, Torsion spring charge wheel for applying spring torque and for
future adjustments.
a) Material:
i) ASTM A 36 Carbon Structural Steel
Finish: Gray shop prime coat, ASTM A 123 Galvanized
b) Life Cycle: High Cycle springs designed to satisfy 40 thousand
cycles, Consult Manufacturer if heigbt exceeds width for any cycle
above 20 thousand. (Cycle defined as one time opening and closing of
door)
E Hood:
l. 24 gauge steeL Formed to fit !.he contour of the end brackets with
reinforced top and bottom edges. Provide support bracing for doors
wider than 20 feet at every 10 feet to prevent excessive sag.
2. Shape: Contour to fit end brackets to which hood is al1ached
J. Material:
a) Galvanized Steel as per ASTM A 653/ A 653 M
f. Locking:
I. Electric Interlocks
.2, Manual chain hoist: Provide chain keeper on guide, suitable for padlock.
2,03 Electric Door Operators and Safeties:
A, Provide for and make all provisions to reuse and install existing door operators.
/. Any required electrical disconnection and electrical reconnection of
electric door operators will be performed by the Owner.
Rolling Door Replacement 7
2, Coordinate existing electric door operator installation with the Owner.
B, Obstruction Detection Device: Provide each motorized door with external
automatic safety sensor capable of protecting full width of door opening.
Activation of sensor immediately stops and reverses downward door traveL
L Photoelectric Sensor: Manufacturer's standard self-monitoring system
designed to detect an obstruction in door opening without contacl
between door and obstruction,
2, Sensor Edge: Provide each motorized door with an automatic safety
sensor edge, located within astragalar weather stripping mounted to
bottom bar. Contact with sensor immediately stops and reverses
downward door traveL Connect to control circuit using manufacturer's
standard take-up reel or self-coiling cable.
C Limit Switches: Provide adjustable switches, interlocke{] with motor conlrols
and set to automatically stop door at fully opened and fully closed positions.
PART 3 - EXECUTION
3,OJ EXAMINATION
A. Verify that dimensions are correct and project conditions are in accordance with
manufacturer's installation instructions; do nol proceed with installation until
unacceptable conditions have been corrected,
3.02 fNSTALLATION
A. Install units in accordance with manufacturer's instructions,
B, Ensure that units are installed plumb and true, free of warp or twist, and within
tolerances specified by manufacturer for smooth operation.
c. Install doors and operating equipment complete with necessary hardware, jamb
and head molding strips, anchors, inserts, hangers and equipment supports
3,03 FIELD TESTING
A, Test doors and safeties for regular operation, Complete installation and startup
checks according to manufacturer's written instructions. Test and adjust
controls and safeties, Replace damaged and malfunctioning conrrols and
equipment,
3,04 DEMONSTRATION
A, Instruct the Owner's personnel in correct operation and maintenance of uni ts,
30S ADruST AND CLEAN
A, Clean units ill accordance with manufacturer's instructions.
E, Restore slight blemishes tn finishes III accordance with manufacturer's
instructions to match original finish. Remove and provide new units where
repairs are not acceptable to the Owner.
Rolling Door Replacement 8
6. WARRANTY
A. The contractor warrants to the owner that all labor furnished to progress
the work under this contract will be competent to perform the tasks undenaken,
that the product of such labor will yield only fIrst-class results, that materials and
equipment furnished will be of good quality and new unless otbelWise permitted
by the contract, and that the work will be of good quality, free from faults and
defects and in strict conformance witl1 the contract and warrant same for a period
of one year commencing at fInal completion. This one-year warranty is inclusive
of all labor, transportation, equipment and material cost with no cost to the
O\.VJler and is in addition to any Manufactures standard warranties. All work not
confonning to these requirements may be considered defective.
7. CHANGES IN THE WORK
A. Changes in the work within the general scope of this contract, consisting
of additions, deletions, revisions, or any combination thereof, may be ordered
without invalidating this agreement, by change order or by field order.
B. Change order shall mean a written order to the contractor executed by the
owner, issued after execution of this agreement, authorizing and directing a
change in the work or an adjustment in the contract price or the contract time, or
any combination thereof. The contract price and the contract time may be
changed only by change order.
e. Any change in the contract price resulting from a change order shall be
determined as follows: (a) by mutual agreement between the owner and the
contractor as evidenced by (l) the change in the contract price being set forth in
the change order, (2) such change in the contract price, together with any
conditions or requirements related tbereof, being initialed by both parties and (3)
the contractor's execution of the change order, or (b) if no mutual agreement
occurs between the owner and the contractor, then the change in the contract
price, if any, shall then be detemuned by the owner on the basis of the
reasonable expenditures or savings of those perfonning, deleting or revising the
work attributable to the cbange, including, in tbe case of an increase or decrease
in the contract price, an allowance for direct joh site overhead of 5%, and profit
5% will be utilized.
D. The execution of a change order by the contractor shall constitute
conclusive evidence of the contractor's agreement to tbe ordered changes in the
work, this agreement as thus amended, the contract price and the contract time.
The contractor, by executing the change order, waives and forever releases any
claim against the owner for additional time or compensation for maUers relating
to or arising out of or resulting from the work included within or affected by the
executed change order.
Rolling Door Replacement 9
8. CONTRACTOR'S ACCEPTANCE OF COl\'DITJONS
A, This Agreement and the provision of the services at the location listed
bave been fully considered by the Contractor, who understands the same and
agrees to their sufficiency and suitability, Under no circumstances, conditions, or
situations shall this Contract be more strongly construed against the County than
against the Contractor.
B, The passing, approval, and/or acceptance by the County of any of the
services furnished by the Contractor shaH not operate as a waiver by the County
of strict compliance with the terms of this Contract, and specifications covering
the services. Failure on the part of the Contractor, immediately after Notice to
Correct shall entitle the County, if it sees fit, to correct the same and recover the
reasonable cost of such replacement and/or repair from the Contractor, who shall
in any event be jointly and severally liable to the County faT all damage, loss,
and expense caused to the County by reason of the Contractor's breach of this
Contract and/or bis failure to comply strictly and in all things witb this Conn-act
and with Ihe specifications,
9. HOLD HARMLESS
The Contractor covenants and agrees to indemnify and bold barmless Monroe
County Board of County Commissioners and the Florida Division of Emergency
Management 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 Contractor or
any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or
other WTongful act of omission of the Contractor or its Subcontractors in any tier,
their employees, or agents.
In the event that the service is delayed or suspended because of the Contractor's
failure to purchase or maintain the required insurance, the Contractor sball
indemnify the County from any and all increased expenses or lost revenue
resulting from such delay.
The ftrst ten dollars ($10.00) of remuneration paid to the Contractor 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. The provisions of this section shall survive the expiration or
earlier tennination of this agreement.
10. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement tbe Contractor is an
independent contractor and not an employee of the Board of County
Rolling Door Replacement 10
Commissioners for Monroe County. No statement contained in this agreement
shall be construed so as to find the Contractor or any of hislher employees,
contractors, servants, or agents to be employees of Ihe Board of County
Commissioners for Monroe County,
11. ASSURANCE AGAINST DISCRIi\1INATION
The Contractor shall not discriminate against any person on the basis of race,
creed, color, national origin, sex, age, or any otber characteristic or aspect which is
nol job related, in its recruiting, biring, promoting, terminating, or any other area
affecting employment under this agreement or with the provision of services or
goods under this agreement.
12. ASSI GNMENT/SlffiCONTRACT
The Contractor shall not assign or subcontract its obligations under this agreement,
except in writing and with the prior written approval of the Board of County
Commissioners for Monroe County and Contractor, which approval shall be
subject to such conditions and provisions as the Board may deem necessary. This
paragraph shall be incorporated by reference into any assignment or subcontract
and any assignee or subcontractor shall comply with all of the provisions of this
agreement. Unless expressly provided for therein, such approval shall in no
manner or event be deeme{) to impose any obligation upon the board in addition to
the total agreed-upon price of the services/goods of the Contractor and
compensation to County.
13. COMPLUNCEWITHLAW
In providing all services/goods pursuant to tbis agreement, the Contractor sball
abide by all statutes, ordinances, rules and regulation pertaining to, or regulating
tbe provisions of, such services, lncluding those now in effect and hereinafter
adopted, Any violation of said statutes, ordinances, rules and regulations shall
constitute a material breach of this agreement and shall entitle the Board to
terminate this contract immediately upon delivery of written notice of termination
to the Contractor. The Contractor shall possess proper liceuses to perform work in
accordance with these specifications throughout tbe term of this contract.
14. INSURANCE
Prior to execution of tbis agreement, and maintained throughout the life of the
contract, the Contractor shall furnish to the County Certificates of Insurance
indicating the minimum coverage limitation as listed below:
A. General Liability - include as a minimum:
. Premises Operations
Rolling Door Replaeemem 11
. Products and Completed Operations
. Blanket Contractual Liability
. Personal Tnjury Liability
. Expanded Definition of Property Damage
The minimum limits acceptable shall be $500.000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be:
$500.000 per person; $500.000 per Occurrence; and $500,000 Property
Damage.
Au Occurrence Form policy is preferred. If coverage is changed to or
provided on a Claims Made Policy, its provisions should include coverage for
claims filed on or after the effective date of this contTac!. Tn addition, the
period for which claims may be reported should extend for a minimum of 48
mouths following the termination or expiration of tbe contract.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST
BE NAMED AS ADDITIONAL INSURED,
B. Vel1icle Liability - include as a minimum:
. Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be $300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person; $300,000 per Occurrence; and $50.000 Property
Damage.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
MUST BE NAMED AS ADDITIONAL INSURED.
C. Workers Compensation -limits sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with
limits of not less than:
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$500,000 Bodily Injury by Disease, each employee
Coverage shall be provided by a company or companies authorized to transact
business in the State of Florida and the company or companies must maintain
a minimum rating of A-VI, as assigned by tbe A.M, Best Company,
Rolling Door Replacement l2
If the Contractor has been approved by 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 Certificate of Insurance, providing
details on the Contractor's Excess Insurance Program.
If tbe Cootractor 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 Ihe
County.
15. CONTRACTOR'S RESPONSlBILITY
The Contractor warrants that it is authorized by law to engage in the performance
of the activities encompassed herein, subject to the terms and conditions set fortb
in these contract documents. Contractor shall at all times exercise independent
judgment and shall assume responsibility for the services to be provided.
16. NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and
hand delivered or mailed, postage prepaid, to the other pany by certified mail,
returned receipl requested, to the following:
FOR COUNTY
Director, Middle Keys Operations
MOilloe County Facilities Maintenance
10600 Aviation Blvd.
Marathon, FL 33050
Al\1D
Monroe County Administrator
1100 Simonton Street
Key West, FL 33040
FOR CONTRACTOR OR REPRES ENTA TIVE AT JOBSITE
Michael G. Dixon FOREMAN
168 Bessie Road --.-
Tavernier, Florida 33070
Notice shall be deemed received when hand delivered, delivered by mail, or when
deemed undeliverable by the U.S. Postal Service.
Rolling Door Replacement 13
17. CAl'\lCELLA nON
A) In me event that the Contractor shall be found to be negligent in any
aspect of installation, stocking, maintenance, repair, or service, me County
shall have the right to terminate this agreement after five days written
notification to the Contractor.
B) This contract may be terminated for convenience by County upon ten (10)
days writ1en ootice to contractor delivered by hand or certified mail, return
receipt requested, of intent to terminate and the date on which such
tenuination becomes effective. Contractor shall cease work as directed. In
such case, Contractor shall be paid for all work executed and tenuination
expenses, and expenses incurred prior to termination. No payment shall
be made for profit for work, which has not been performed.
18. GOVERNING LAWS, VENUE, INTERPRET A nON, COSTS, FEES
This Agreement shall be governed by and constnled in accordance wim the laws
of the State of Florida applicable lo contracts made and to be performed entirely
m tbe State.
In the event tbat any cause of action or administrative proceeding is instituted for
the enforcement or interpretation of the agreement, the County and Contractor
agree that venue shall lie in the appropriate court or before the appropriate
administrative body in Monroe County, Florida. This Agreement shaH not be
subject \0 arbitration.
Mediation proceedings initiated and conducted pursuant to tbis Agreement shall
be in accordance with the Florida Rules of Civil Procedure and usual and
customary procedures required by the circuit court of Monroe County.
19. RECORDKEEPING
Contraclor 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 meir
authorized representatives shaIl 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 Ihis Agreement.
If an auditor employed by the County or Clerk determines tbat monies paid 10
Contractor or not paid to County pursuant to this Agreement were spent for
purposes not authorized by this Agreement or wrongfuIly retained by Contractor,
the Contractor shaH repay the monies together with interest calculated pursuant to
Sec. 55.03, FS, running from tbe dale the monies were to bave been paid.
Rolling Door Replacement J4
20. SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or tbe application
tbereof to any circumstance or person) shall be declared invalid or unenforceable
to any extent by a coun of competent jurisdiction, the remaining terms, covenants,
condltions 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 sball be enforceable to the fullest extent pennitteQ by law unless the
enforcement of the remaining terms, covenants, wnditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this
Agreemenr. The County and Contractor agree to reform the Agreement to replace
any stricken provision wifh a valid provision that comes as close as possible to the
intent of the stricken provision.
21. A TTORNEY'S FEES AND COSTS
Tbe County and Contractor agree tbat in the event 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, court wsts, investigative, and out-of-pocket
expenses, as an award against the non-prevailing party, and shall include
attorney's fees, court costs, investigative, and out-of-pocket expenses in appellate
proceedings.
22. BINDlNG 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.
23. 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 or individual action, as required by law.
24. CLAIMS FOR FEDERAL OR STATE AID
Contractor and County 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 Bids, and funding solicitations shall
be approved by each party prior to submission.
25. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
Roiling Door Replacement 15
County and Contractor agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of
eacb of the parties. If no resolution can be agreed upon within 30 days after the
first meet and confer session, tbe issue or issues shall be discussed at public
meeting of the Board of County Commissioners, If the issue or issues are still nOI
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 provision does not negate or waive the provisions of Paragraph 17
concerning cancellation.
26. COOPERA nON
In tbe event any administrative or legal proceeding is instiruted against either
party relating to the formation, execution, performance, or breach of this
Agreement, County and Contractor agree to participate, to the extent required by
the other parry, in all proceedings, hearings, processes, meetings, and other
activities related to the substance of this Agreement or provision of the services
under this Agreement. County and Contractor specifically agree that no party to
this Agreemeot shall be required to enter into any arbitration proceedings related
to this Agreement.
27. NONDISCRIMINATION
County and Contractor agree Lhat tbere will be no discrimination against any
person, and it is expressly understood tbat 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 parry,
effective the date of Lhe court order. County or Contractor agree to comply with
all Federal and Florida statutes, and alllocai ordinances, as applicable, relating to
nondiscrimination. These include but are not Limited to: I) 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 lX of the Education Amendment of 1972, as
amended (20 USC S5. 1681-] 683, 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 00
the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of i 970 cPL 91-6] 6) as amended,
relatlDg to nondiscrimination on the basis of alcohol abuse or alcoholism;; 7) The
Public Health Service Act of 1912, 55. 523 and 527 (42 USC ss 690dd-3 and
290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent
records; 8) Title VIII of the Civil Rights Act of 1968 (42 use s. et seq.) as
amended, relating to nondiscrimination in the sale, rental or financing of housing;
Rolling Door Replacemenl 16
9) The Americans with Disabilities Act of 1990 (42 USC s, 120 I NoteD, as maybe
amended from time to time, relating to nondiscrimination on (he basis of
disability; 10) Any other nondiscrimination provisions in any federal or state
statutes which may apply to the parties to, or the subject matter of, (his
Agreement. Monroe County Code Ch. 13, Art. VI, probibiting discrimination on
tbe basis of race, color, sex, religion, disability, national origin, ancestry, sexual
orientation, gender identity or expression, familial status or age. 11) Any other
nondiscrimination provisions in any Federal or slate statutes which may apply to
tbe panies to, or the subject matter of, this Agreement.
28. COVENANT OF NO fNTEREST
County 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 only interest of each is to perform
and receive benefits as recited in this Agreement.
29, CODE OF ETHICS
Councy agrees tbat officers and employees of the 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 Statues, regarding, but not
limited to, solicitation or 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.
30. NO SOLICITATrONIPAYMENT
The County and Coutractor warrant that, in respect to itself, it bas neither
employed nor retained any company or person, other than a bona fide employee
working solely for it. to soljcit or secure this Agreement and that it bas nol paid or
agreed to pay any person, company, corporation, individual, or firm, otber than a
bona tide 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, tbe Contractor
agrees that the County shall have tbe right to terminate tbis 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.
31. PUBLIC ACCESS
Tbe County and Contractor shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters or otber materials in its possession or
under its control subject to the provisions of Chapter 119, Florida Statues, and
made or received by the County and Contractor in conjunction with this
Rolling Door Replacement l7
Agreement; and tbe County shall have the right to unilaterally cancel this
Agreement upon violation of this provision by Conlractor.
32. NON-W AIVER OF IMMUNITY
Notwithstanding the pco\'isions of Sec, 768.28, Florida Statues, the participation
of the County and the Contractor 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 i.nto
by the County be required to contain any provision for waiver.
33. 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 agency or employees of the County, when performing their respective
functions under this Agreement within the territorial limits of the County 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 County,
34. LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non-Delegation of Constitutional or Statutory Duties. 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 the 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
conslitutional or statutory duties of the County, except to the extent permitted by
the Florida constitution, state statute, and case law.
35, NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of the
Agreement to enforce or attempt to enforce any third-party claim or entitlement to
or benefit of any service or program contemplated hereunder, and the County and
the Contractor agree that neither the County 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,
Roiling Door Replacement 18
inferior to, or superior to the community in general or for the purposes
contemplated in this Agreement.
36. 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.
37. 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 tbis Agreement,
38. 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 sball constitute ODe
and the same instrument. Any of the parties hereto may execute this Agreement
by signing any such counterpart.
39. 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.
40. CONTINGENCY STATEMENT
Monroe County's perfonnance and obligation to pay under this contract is
contingent upon an annual appropriation by the Monroe County Board of County
Commissioners.
Railing Door Replacement 19
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day
and date first written above in four (4) counterparts, each of which shall, without proof or
accounting for the other counterparts, be deemed an original contract.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest DANNY L KOLHAGE, CLERK OF MONROE COUNTY, FLORJDA
By: By:
Deputy Clerk Mayor/Chairman
Date;
(SEAL) CONTRACTOR
Attest:
By: By: rJJ~~
Title: Title: rU (N~J,:)OWfCt
~~ Date: C;)O/LMJ~
B WITNESS ~
Title:
/i",~~, GLORIA O,QUIIiTA
,.,>> MY CCMMISSION, IlDS9.5330
~ ..' ~ EXPIRES: ~bY.moo~ 15, 2011
~ "m;:&- ~~ ~ ~ru 1\CUiI"/ Pa<<: V"C8~
ate OL!
Rolling Door Replacement 20