Loading...
06/17/2009 Agreement DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: June 23,2009 TO: Jerry Barnett, Director Project Management A TTN: FROM: Ann Riger Pamela G. Han~c. At the June 17, 2009, Board of County Commissioner's meeting the Board granted approval and authorized execution of a Contract between Monroe County and Native Construction Contracting, Inc. for replacement of the boat ramp and docks at Sunset Point Park. Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Attorney Finanye Filev' Sunset Point Park Boat Ramo Section 00500 Standard Form of Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the 17th day of June in the year of Two Thousand and Nine (2009) BETWEEN the Owner: (Name and address) Monroe County Board of County Commissioners 1100 Simonton Street Key West, Florida 33040 and the Contractor: Native Construction Contracting, Inc. 1 00 Wrenn Street Tavernier, FL 330370 Sunset Point Park Boat Ramp Key Largo, Monroe County, Florida Scope: The Scope of Work shall include, but not be limited to, all work shown and listed in the Project Drawings and Project Manual. The Contractor is required to provide a complete job as contemplated by the drawings and specifications, which are a part of this bid package. Oversight for Owner is: Monroe County Project Management Department 1100 Simonton Street Second Floor - Room 2-216 Key West, Florida 33040 The Engineer is: Bermello, Ajamil, & Partners 2601 Bayshore Drive, Suite 1000 Miami, Florida 33133 The Owner and Contractor agree as set forth below. 11/18/08 Standard Form of Agreement Between Owner and Contractor 00500-1 , Sunset Point Park Boat Ramp ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Insurance Requirements and Documents, Milestone Schedule, Bid Documents and Contractor's Bid, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement. These form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: Scope of Work as specified in the Project Manual for this project, Section 00300. The contract constitutes the entire and exclusive agreement between the Owner and the Contractor with reference to the Sunset Point Park Boat Ramp. ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner as stated in Section 003S0, Milestone Schedule. Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner, through the Construction Manager, in writing not less than five days before commencing the Work. The date of commencement shall be the date specified in the Notice to proceed, issued to the Contractor. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than One Hundred Twenty ( 120) Days after the Date of Commencement, subject to adjustments of the Contract Time as provided by the Contract Document UQUIDATED DAMAGES Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extension in time as set forth by the Construction Manager's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. CONTRACT AMOUNT Under 50,000.00 $SO,000.00-$99,999.00 $100,000.00-499,999.00 $SOO,OOO.O and Up FIRST IS DAYS $SO.OOIDA Y I OO.OOIDA Y 200.00IDA Y SOO.OOIDA Y SECOND IS DAYS $1 OO.OOIDA Y 200.00IDA Y SOO.OOIDA Y I ,OOO.OOIDA Y 31 ST DAY & THEREAFfER $250.00IDA Y 7S0.00IDA Y 2,000.00IDA Y 3,SOO.00IDA Y The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. 11/18/08 Standard Form of Agreement Between Owner and Contractor 00500-2 , Sunset Point Park Boat Ramo ARTICLE 4 Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract. for Sunset Point Park Boat Ramp the sum of $49,800 (FORTY NINE THOUSAND EIGHT HUNDRED DOLLARS), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: None 4.3 Unit prices, if any, are as follows: As specified in Bid Proposal (Section 00110). ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Owner, and upon Project Applications and Certificates for Payment issued by the Owner, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one calendar month ending on the last day of the month, or as follows: 5.3 County shall pay pursuant to the Local Government Prompt Payment Act 218.70. 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 as the Owner may require. This schedule, unless objected to by the Owner, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 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 (l 0%). Pending final determination of cost to 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 actual net cost as confirmed by the Construction Manager. 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. 5.6.2 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 of Ten percent (l 0%): 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General conditions. 11/18/08 Standard Form of Agreement Between Owner and Contractor 00500-3 Sunset Point Park Boat Ramp 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety percent (90%) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 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 at the sole discretion of and upon approval by the Director of Project Management. ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (I) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment: and (2) a final Project Certificate for Payment has been issued by the Owner: such final payment shall be made by the Owner not more than 20 days after the issuance of the final Project Certificate for Payment. ARTICLE 7 Miscellaneous Provisions 7. 1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest pursuant to the Local Government Prompt Payment Act 218.735. 7.3 Temporary facilities and services: As I isted in Table of Contents, Section 00001 of the Project Manual for this project. 7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. 7.5 Public Entities Crimes By signing this Agreement, Contractor represents that the execution of this Agreement will not violate the Public Entities Crime Act (Section 287. I 33, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from County's competitive procurement activities. In addition to the foregoing, Contractor further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287. I 33, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. Contractor will promptly notify the County if it or any subcontractor is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. I 1 / 18/08 Standard Form of Agreement Between Owner and Contractor 00500-4 Sunset Point Park Boat Ramp 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 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. 7.6 The following items are part of this contract: a) Maintenance of Records 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 the County or 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. b) 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 County and Contractor agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. This Agreement shall not be subject to arbitration. c) 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 County 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. d) Attorney's Fees and Costs: The County and Contractor agree that 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 and court costs, as an award against the non-prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this 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. e) 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. t) 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 action, as required by law. g) 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 proposals, and funding solicitations shall be approved by each party prior to submission. h) Nondiscrimination: County 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. County or Contractor agree to comply with all Federal and Florida 11/18/08 Standard Form of Agreement Between Owner and Contractor 00500-5 Sunset Point Park Boat Ramp statutes, and all local 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 IX of the Education Amendment of 1972, as amended (20 USC ss.1681-168.3, and 1685- 1686), which prohibits discrimination on the basis of sex; .3) Section 504 of the Rehabilitation Act of 197.3, 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. 610 1-61 (7) 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 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 patent 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 Disabil ities Act of 1990 (42 USC s. 120 I Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; II) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. i) Covenant of No Interest: County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would contlict 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. j) Code of Ethics: County agrees that 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 Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, contlicting employment or contractual relationship; and disclosure or use of certain information. k) No SolicitationlPayment: The County 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 County 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. l) Public Access: The County 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. m) Non-Waiver of Immunity: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, 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 into by the County be required to contain any provision for waiver. n) 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 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. 0) 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 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 t t / t 8/08 Standard Form of Agreement Between Owner and Contractor 00500-6 . Sunset Point Park Boat Ramo constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. p) Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon the terms, or any term, of this 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, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. q) 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. r) 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. s) 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. t) 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. u) Special Conditions, if any are detailed in Section 01000 of the Project Manual for this Project. v) Hold Harmless: The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and 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 wrongful act or omission of the Contractor or its Subcontractor(s) in any tier, their employees, or agents. In the event the completion of the project (including the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor 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 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. w) Adjunction of Disputes or Disagreements: The Owner and Contractor agree that all disputes and disagreement shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at public meeting of the Board of County Commissioners. 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 provision does not negate or waive the provisions of Paragraph X concerning cancellation. x) Cancellation: In the event that the Contractor shall be found to be negligent in any aspect of installation, stocking, maintenance, repair, or service, the County shall have the right to terminate this agreement after five days written notification to the Contractor. y) 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, County and Contractor agree to 11/18/08 Standard Form of Agreement Between Owner and Contractor 00500- 7 Sunset Point Park Boat Ramp 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. County 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 Ownership of the Project Documents: The documents prepared by the Contractor for this Project belong to the County and may be reproduced and copied without acknowledgement or permission of the Contractor. 7.8 Successors and Assigns: The Contractor shaH 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, which approval shaH be subject to such conditions and provisions as the Board may deem necessary. This paragraph shaH be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shaH comply with aH of the provisions of this Agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors. assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 7.9 No third Party Beneficiaries: Nothing contained herein shaH create any relationship, contractual or otherwise, with or any rights in favor of, any third party. ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. Article 9 Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as foHows: 9.1.1 The Agreement is this executed Standard Form of Agreement between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated April 2009, and as foHows: Document Boating Improvement grant Title Florida Boating Improvement Program Grant Agreement 08071 Pages 20 As listed in Table of Contents, Section 0000 I of the Project Manual for this project. 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: As listed in Table of Contents, Section 0000 I of the Project Manual for this project. 9.1.5 The Drawings are as follows, and are dated on each individual drawing unless a different date is shown below: As listed in Table of Contents, Section 0000 I of the Project Manual for this project. Contract Drawings. 11/18/08 Standard Form of Agreement Between Owner and Contractor 00500-8 Sunset Point Park Boat Ramp 9.1.6 The Addenda, if any, are as follows: Addendum #1 - dated 22 April 2009 Addendum #2 - dated 30 April 2009 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. 9.1.7 Other documents, if any, forming part of the contract Documents are as follows: l\'lonroe County Bid Form in Section 00110. This Agreement is entered into as of the day and year first written above and is executed in at least four original copi~s~ofwQ.i.ch one is to be delivered to the Contractor, one each to the Construction Manager and Architect for use in the' aarrhistration of the Contract, and the remainder to the Owner (SEAL) .Attest:DANN)"L. KOLHAGE, Clerk By: ~~ Deputy Clerk' ~'7. 'Z'" BOARD OF COUNTY COMMISSIONERS OFM':;;:'~:;~ By Mayor Date (SEAL) Attest: CONTRACTOR ""':'- S !=3 i~5! r'~''''' ~ ::!J '4 r- ~ ~ '" ." (.-,) <::> .:0 ~ .:0 ,.." .t- ('"') .. 0 ~ & By: By: (;-- ~ :. .~.. c:J;:::; ~. .~?i . C) t.~ (":1 #f-t'..[( J(I/\ ..,..- Title: Title: END OF SECTION 00500 .,~ U/L/101 ,,""II B $*:.~~f""!'f:~~ renedy Harley ~. }~ Commission # 00584802 ~1." · / i Expires September 5.2010 I I eO"cltll1'tt~ 1'.,,, 'If'l~t.,...., I", IQO.Ui.7t.ll'~ MONROE COUNTY ATTORNEY ~PRO'1r.D AS TO FORM: (.4. ti". I Q.. 'p'14r -&J(JIb ~ ~ CHRISTINE M. LIMBERT-BARROWS ASSISTAN, COUNTY ATTORNEY Date (, a, I net , I 11/18/08 Standard Form of Agreement Between Owner and Contractor 00500-9 Sunset Point PaIk Boat Ramo SECTION 00110 Bidder's Insurance Statement The Insurance requirements are set forth in Section 00900 of the project manual as follows: Insurance Reauirement General Liability we -X-. GL2 -X-. Statutory Limits Worker's Compensation $$250,000 per Person; $500,000 per Occurrence; $50,000 Property Damage or $500,000 Combined Single Limit Vehicle Liability VL2 -X- $100,000 per Person; $300,000 per Occurrence; $50,000 Property Damage or $300,000 Combined Single Limit Employers' Liability WC3 X $1,000,000 per Person; $1,000,000 per Occurrence; $1,000,000 Property Underground, Explosion And Collapse (XCV) GLXCU X Required Endorsement. All endorsements are required to have the same limits as the basic policy. All insurers shall have an A.M. Best rating of VI or better and shall be licensed to do business in the state of Florida. 03/31/09 BID PROPOSAL 00110 - 6 Sunset Point Park Boat RaDlR I. ~re:# EI:!..b /0""'- ofdle cily 7'Gi yay I! ~ according to law on my oath. ~nder penalty of perjury, depose Ilk.. say that: I. I am r;. r;. ,c/ tAt;/ Of the tirm of /)a..../..~ CO/] ST'y UC~I O/} STATE Of: COUNTY Of: SECTION 00110 NON-COLLUSION AFFIDAVIT to: die projZ'bed inz::;;... callin, for bieb for: And that r executed the said proposal with JWI authority to do so; 2. the prices in this bid have been arrived at independently without collusion. consultation. communication or agreement for the purpose of restrictin, competition. u to any matter relating to such prices with any other bidder or with any competitor; J. unless otherwise requirod by law, die pricea which have been qllOled in this bid have not been knowinlllY disclosed by the bidder and will not knowinlllY be dirdnsed by die bidder prior Ii> bid openlna. di_y or indirectly, to any other bidder or to any competitor; and 4. no attempt hu been made or will be made by the bidder to induce any other person. partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; s. The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the trutb of the statements contained in this affidavit in aWardin, contracts for said project. ~ r (Signature of Bidder) li{ / /0(0 , (Date) p,e (:) k/ D}4 UGN~t7 PERSONALLY APPEARED BEFORE ME, die undeniped authorily, f1~ .e-M,(~ (,name of individual sipin&) who, a~ bei.. 'wom by me, amxed hislber .i......... in die space provided above on thi._ ) <) day of ~ ~ 2009. .. ~J.aL /o~'. . '-~or ARY PUBLIC ~~ .A--v ./ ~~~ .to ;/~oJ/~ { My conunission expires: :w~~ LISABETH M HeIRONIMUS ~.. :-1 MY COMMISSION # 00852972 \, EXP'RES JantJSIy 20.2013 (407;iii.of53 , s.wc..CCMI 03/31/09 BID PROPOSAL 00110 - 7 Sunset Point Park Boat Ramp SECTION 00110 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROECOUNTV,FLO~A ETHICS CLAUSE YlQ~ (~nl<;:",L-y c/did:V (Company) "... warrants that helit has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Seaion 2 of Ordinance No. 0 I 0- I 990 or any County officer or employee in violation of Section J of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, tenninate this contract without liability and may also, in its discretion, deduct ftom the contract or purchase price, or otherwise recover, the full amount of any fee, commission, ~entaae, gift, or consideration paid to the former County officer or employee". /kI-4- (Si.n-e) _I / Date: ~-/I{~Ld <1 STATE OF: 7~~ m~ COUNTY OF: SUblCri~to<r"~~~meon .;n~ 101 ~d '1 (dote) by ~ /(name of affiant). H he is personal Imown to me or haa produced_ as identification. ype of identification) My commission expires: J L#..iJ In , , ~~~ )k~-/~~ OT ARY PUBLJC W~~ LISABETH M HEIRONIMUS €.; :*i MY COMMISSION tI 00852912 \, EXPIRES January 20, 2013 , tI__ . (401) 3-.0'51 .com 03/31/09 BID PROPOSAL 00 II 0 - 8 Sunset Point Park Boat Ramp DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: ~ 4 T{ U ~ C.J~t;..ve~ 0-"., C*~ c.sl "I"/~ (Name of Business) .J..;'" C . I. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controJled 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's 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 (I). 4. In the statement specified in subsection (I), 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 tenns 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~ s. 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 rum complies fully with the above requirements. ~~ Bidders Signature ~ II % 1 Date END OF SECTION 00110 03/31/09 BID PROPOSAL 00110 - 9 - -....._---_.._~...._-- - ____.R_.. . '.._n_._..._____...__.._. ...., MONRnl! r.nllNTV JI"mNJI.~ TAY ."r.~t'"'._.. . . I I " ~....f . ....--.. -'- . " ."..." ;': .... ~. :: .... ~0.~~~Jl>.;J~f ~~ . ,t~;~~~~~ ~~ ;'" :J. . ,~ . ".. ,. 'L '{:. ii .J . ( ACORQ. CERTIFICATE OF LIABILITY INSURANCE , DATE (MMIDOIYYYY) 06/19/2009 ~ER 305.852.3234 FAX 305.852.3703 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Regan Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 90144 Overseas Hwy. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tavernier, FL 33070 INSURERS AFFORDING COVERAGE NAlC# INSURED Native Construction Contracting Inc INSURER k Mid-Continent Casualty Company 23418 100 Wrenn Street INSURER B: Tavernier, FL 33070 INSURER c: INSURER D: I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCEO BY PAID CLAIMS. TYPE OF INSURANCE GENERAL UA8IUTY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE [!] OCCUR POLICY NUM8ER ~ 04GLOOO745785 02/01/2009 LIMITS $ $ $ $ S S 04CA002767342 02/01/2009 02/01/2010 COMBINED SINGLE LIMIT (Ea accident) s A SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTO$ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ GARAOE UABlUTY ANY AUTO PROPERTY DAMAGE (Per accident) $ OTHER THAN AUTO ONLY: AUTO ONLY - EA ACCIDENT $ EA ACe $ AGG $ $ $ $ $ $ EXCESS I UMBRElLA UABlUTY OCCUR 0 CLAIMS MADE EACH OCCURRENCE AGGREGATE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS" LIABIUTY Y' N ANY PROPRIETORlPARTNERlEXECUTIVEFI OFFICERlMEMBER EXCLUDED? L-J (M"&tory In NH) gm~V1~s below OTHER TORY LIM E.L. EACH ACCIDENT $ E.l. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY lIMIT $ DESCRIPTION OF OPERATIONS' LOCATIONS I veHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ENERAL CONTRACTOR nderground. explosion & collapse coverage is included in the G/L policy. EF - Sunset Point Boat Ramp Project ; . l' t CERTIFICATE HOLDER Monroe COunty Board of County Comnriss1oners Monroe County Risk Management PO Box 1100 Room 268 Ke West, FL 33040 ACORD 25 (2009101) FAX: 305.295.3179 @ 1918-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR 10 MAIL ~ DAYS WRITTEN NOTlCE TO THE CERTIFICATE HOLDER NAMED 10 THE LEFT. BUT FAILURE TO DO so SHALL IMPOSE NO OBLIGATION OR UABIUTY OF ANY KIND UPON THE INSURER, ns AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTAnVE N~w:- Page 2 of5 I spoke with Maria Slavik @ Monroe County and explained that there is no endorsement available to add the county as an Additional Insured on the Business Auto policy. She asked that I send her an e-mail confirming this information and she will accept this information. So, all should be in order with them. Please let me know if you have any questions. I Thank you. Lilly Reyes/ crc, ACSR Regan Insurance Agency, Inc. 90144 Overseas Hwy. Tavernier, Florida 33070 305-852-3234 Fax 305-852-3703 lreyes@reganinsuranceinc.com From: Native Administration [mailto:admin@nativeconstruction.com] Sent: Friday, June 19, 20093:19 PM To: Lilliam Reyes Subject: FW: Sunset Point Boat Ramp Importance: High Hi Lilly, We are going to work on a project for Monroe County called the Sunset Point Boat Ramp. They need our Vehicle Liability certificate naming Monroe County as additionally insured (I already sent them our General Liability). I requested the certificates through Susan Parker. She checked with our insurance company to see if we could name Monroe County as "additionally insured" and she said that option is not available. I was just talking to Jacquelyn and she said I should have contacted you to see if we can list Monroe County as "additionally insured." Would you mind confirming if we are able to have Monroe County listed as additionally insured on the Vehicle Liability (per their email below)? Sorry to write a book. @ If we have this option I will send all the information to you. Thank you so very much for your help. Have a fantastic weekend!! Sincerely, Libby Heironimus Native Construction 305.852.3116 From: Susan Parker [mailto:sparker@REGANINSURANCEINC.COM] Sent: Friday, June 19, 2009 10:33 AM To: Native Administration Cc: Susan Parker Subject: RE: Sunset Point Boat Ramp Importance: High Libby - I am checking with the insurance company on this and will advise as soon as I hear back from them. 6/22/2009 , 6/18/2009 13:35 LIon Insurance LION INSURANCE COMPANY -+NATIVE CONST 1/1 Date CERTIFICATE OF UABILITY INSURANCE 6/1812009 Producer: Lion Insurance Company This Certlftcat8ls Issued as a matbtr of Information only and confers no rights 2739 U.S. Highway 19 N. upon the CertlftcaI8 Holder. This CertlftcaI8 does nota mend, ext8nd or al.r Holiday, FL 34691 the coverage afforded by the policies below. 727 -938-5562 Insurers Affording Coverage NAIC# Insured: South East Personnel Leasing, Inc. Insurer A: Lion Insurance Company 11075 2739 U.S. Highway 19 N. Insurer B: Holiday, FL 34691 Insurer c: Insurer D: Insurer E: Coverages The policies of insurance listed below have been issued to the insured named above for the policy period indicated. Notwithstanding arTy' requirement, term or condition of arTy' contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the pdicies described herein is subject to all the terms, exclusions, and conditions of such poHcies Aggregate HmilS shown may have been reduced by pad claims. INSR ADDL Type of Insurance Policy Number Policy Effective Policy Expiration Date Limits LTR INSRD Date (MMIDOIYY) (MMIDOIYY) GENERAL LIABILITY Each Occurrence $ - Commercial General Liability Damage to rented premises (EA : ::J Oaims Made 0 Occur occurrence) $ - Mad Exp $ - ( 1\ Personal Adv Injuy $ General aggregate timit applies per: 1" y Cl Policy o Project 0 General Aggregate $ LOC ~ Products - ComplOp Agg $ IAUTOMOBILE LIABILITY ~ ref' Combined Single Limit I- .J.. (EA Accident) $ ArTy' Auto ~ All Owned Autos Bodily Injury !- (Per Person) $ Scheduled Autos - Hired Autos Bodi Iy Injury !- Non-Owned Autos (Per Accident) $ ... Property Damage (Per Accident) $ EXCESS/UMBRELLA LIABILITY Each Occurrence q Occur o Claims Made Aggregate Deducti ble A Workers Compensation and WC 71949 0110112009 0110112010 X I we StlII:u- I 10TH- Employers' LIability tory Limits ER Arrt proprietorlpartner1executive officerfmember E.L. Each Accident $1,000,000 excluded? E.L. Disease - Ea Employee $1,000,000 If Yes, describe under special provisions below. E.L. Disease - Policy Limits $1,000,000 Other Lion Insurance Compeny is A.M. lest Compeny reted A- (Excellent). AMI # 12616 Descriptions of OperatlonslLocatlonsNehlcleslExcluslons added by endorsement/SpecIal Provisions: Client 10: 2+65-375 Coverage only applies to active employee(s) of South East Personnel Leasing, Inc. that are leased to and working for the follOwing "Client Company": Netive Constr Conlrecting #2 Coverage only applies to inj.llies incurred by South East Personnel Leasing, Inc. active employee(s) , while working in Florida. Coverage does not apply to statutory employee(s) or independent contractor{s) of the Oient Company or illY other entity. A list of the active employee(s) leased to the Client Company can be obtained by faxing a request to (727) 937-2138 or by calling (727) 938-5562. RE FPROJECT: SUNSET POINT BOAT RAMP, KEY LARGO, FL .. FAX: 305-852-2649 & 305-295-4321 I ISSUE 05-14-09 (SO) / REISSUE 06-18-09 (SO) BeaIn Date 12/4/2008 CERTFICAlE HOlDER CANCELLATION MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Should 8TTy' of the above described policies be cancelled before the expiration date thereof, the issuing insurer ~II RISK MANAGEMENT endeavor to mail 30 days written notice to the certificate holder named to the left, but failure to do soshaR impose no obligation or liability of art! kind upon the insurer, its agents or representatives 1100 SIMONTON ~~~ KEY WEST FL 33040 r-"