06/16/2010 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DA TE:
June 22, 2010
TO:
Dent Pierce, Director
Public Works Division
FROM:
Beth Leto, Assistant Director
Public Works Division
~~
Pamela G. Hanco~C.
A TTN:
At the June 16, 2010, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Contract Amendment with Barnes Alarm, Inc. for fire and panic alarm system annual
certification, maintenance and monitoring to include new buildings, to delete vacated locations,
and to clarify language.
J Agreement with Lawrence Fence Corporation for fencing at the African Memorial Project
in Key West.
Enclosed is a duplicate original of each of the above-mentioned for your handling.
Should you have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File J
AGREEMENT FOR
IRON FENCING
AFRICAN CEMETERY MEMORIAL PROJECT
KEY WEST.. MONROE COUNTY.. FLORIDA
This Agreement is made and entered into this l~~y of ~ ,2010, between
MONROE COUNTY, FLORIDA ("COUNTY"), a political ~bdivision of the State of
Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and LAWRENCE
FENCE CORPORATION (CONTRACTOR"), a Florida corporation, whose address is 211
Commerce Way, Jupiter, Florida 33458.
WHEREAS, COUNTY desires to provide iron fencing for the African Cemetery
Memorial Project, Key West, Monroe County, and
WHEREAS, CONTRACTOR desires and is able to provide iron fencing for the
African Cemetery Memorial Project, Key West, Monroe County; and
WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide iron
fencing for the African Cemetery Memorial Project, Key West, Monroe County, now
therefore,
_ IN CONSIDERATION of the mutual promises and covenants contained herein, it is
agreed as follows:
1. THE AGREEMENT
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The Agreement consists of this document, all change order~e bid documents, exhibits, and
any addenda only.
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2. SCOPE OF THE WORK
The Contractor shall furnish all labor, materials, equipment, tools, transportation, services, and
incidentals, and perform all the work necessary in accordance with the specifications entitled:
IRON FENCING
AFRICAN CEMETERY MEMORIAL PROJECT
KEY WEST, MONROE COUNTY, FLORIDA
Project is located on Casa Marina Court, Key West, Florida 33040. The work includes
fabrication and installation of iron fencing suitably finished, delivered, and installed as
contained and described within Exhibit A attached hereto. The process described herein is to
be coordinated with John W. King, Senior Director, Lower Keys Operations.
The Contractor shall be responsible to obtain any necessary permits during the term of this
contract.
The CONTRACTOR shall provide to COUNTY prior to COlnmencelnent a tinle schedule for
completion of the fabrication and installation of this iron fenc ing.
AGREEMENT
January 2010
3. CONTRACT AMOUNT
The County shall pay TWENTY-FIVE THOUSAND NINE HUNDRED NINETY and
no/l00 DOLLARS ($25,990.00) to the Contractor for the faithful performance of the Contract,
in lawful money of the United States at completion of the fencing installation.
4. PAYMENT TO CONTRACTOR
A. When fabrication is completed and ready for installation, the contractor shall notify
the County in writing as to the date of installation. Upon completion of the fence installation,
the Contractor shall notify the County in writing so that a final inspection can be made. One
lump sum payment at project completion is contingent upon work being completed in full
accordance with this contract.
B. Acceptance of payment by the Contractor shall constitute a waiver of all claims
against the County by the Contractor.
C. COUNTY'S performance and obligation to pay under this agreement, is contingent
upon annual appropriation by the Board of County Commissioners.
D. COUNTY shall pay in accordance with the Florida Local Government Prompt
Payment Act; payment will be made after delivery and inspection by COUNTY and upon
submission of invoice by CONTRACTOR.
E. CONTRACTOR shall submit to COUNTY invoices with supporting documentation
acceptable to the Clerk, at completion. Acceptability to the Clerk is based on generally
accepted accounting principles and such laws, rules and regulations as may govern the Clerk's
disbursal of funds.
5. TERM OF AGREEMENT ~ iJoe~~
This Agreement shall commence on l'farek 1, 29i0, or sooner pending execution of the
agreement, and end ninety (90) days from date of commencement, or no later than 7~V)
2010, unless terminated earlier under paragraph 19 of this Agreement. Q
6. ACCEPTANCE OF CONDITIONS BY CONTRACTOR
CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate
licenses. Proof of such licenses and approvals shall be submitted to the COUNTY upon
request.
7. FINANCIAL RECORDS OF CONTRACTOR
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
ITIonies were paid to CONTR CTOR.
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January 2010
AGREEMENT
8. 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.
9. HOLD HARMLESS AND INSURANCE
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 any other
losses, damages, and expenses (including attorney's fees) which arise out of, in connection
with, or by reason of services provided by CONTRACTOR occasioned by the negligence,
errors, or other wrongful act or omission of CONTRACTOR, its employees, or agents.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement. Failure of CONTRACTOR to
comply with the requirements of this section shall be cause for immediate termination of this
agreement.
Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates
of Insurance indicating the minimum coverage limitations in the following amounts:
WORKER'S COMPENSATION AND EMPLOYER'S LIABIL TIY INSURANCE: Where
applicable, worker's compensation coverage to apply for all employees at a minimum
statutory limit as required by Florida Law, and Employer's Liability coverage in the amount
of $100,000.00 bodily injury by accident, $500,000.00 bodily injury by disease, policy limits,
and $100,000.00 bodily injury by disease, each employee.
COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE: Motor vehicle
liability insurance, including applicable no-fault coverage, with limits of liability of not less
than $300,000.00 per occurrence, combined single limit for Bodily Injury Liability and
Property Damage Liability. If single limits are provided, the minimum acceptable limits are
$50,000.00 per person, $100,000.00 per occurrence, and $25,000.00 property damage.
Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles.
COMMERCIAL GENERAL LIABILITY: Commercial general liability coverage with limits
of liability of not less than $300,000.00 per occurrence combined single limit for Bodily
Injury Liability and Property Damage Liability.
CERTIFICA TES OF INSURANCE. Original Certificates of Insurance shall be provided to
the COUNTY at the time of execution of this Agreement and certified copies provided if
requested. Each policy certificate shall be endorsed with a provision that not less than thirty
(30) calendar days' written notice shall be provided to the COUNTY before any policy or
coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do
business in the State of Florida. If requested by the County Administrator, the insurance
coverage shall be primary insurance with respect to the COUNTY, its officials, employees,
agents and volunteers.
AGREEMENT
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January 2010
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS
ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER'S COMPENSA TION.
10. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of
COUNTY and 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 Agreement entered into by the COUNTY be required to contain any provision
for waiver.
11. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement CONTRACTOR is an independent
contractor and not an employee of the Board of County Commissioners of Monroe County.
No statement contained in this agreement shall be construed so as to find CONTRACTOR or
any of his employees, subs, servants, or agents to be employees of the Board of County
Commissioners of Monroe COUNTY.
12. 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 statutes, and all local
ordinances, as applicable, relating to nondiscrimination. These include but are not limited to:
1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prDhibits discrimination on the
basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as
amended (20 USC SSe 1681-1683, and 1685-1686), which prohibits discrimination on the
basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794),
which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of
1975, as amended (42 USC SSe 6101-6107) which prohibits discrimination on the basis of age;
5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended,
relating to nondiscrimination on the basis qf alcohol abuse or alcoholism; 7) The Public
Health Service Act of 1912, SSe 523 and 527 (42 USC SSe 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil
Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale,
rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s.
120 1 Note), as maybe amended from time to time, relating to nondiscrimination on the basis
of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes
which may apply to COUNTY and CONTRACTOR to, or the subject matter of, this
Agreement.
13. ASSIGNMENT/SUBCONTRACT
CONTRACTOR shall not assign or subcontract its obligations under this agreelnent to others,
except in writing and wi the prior written approval of the Board of County Commissioners
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January 2010
AGREEMENT
of 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 sub shall comply with all of
the provisions of this agreement. Unless expressly provided for therein, such approval shall
in no manner or event be deemed to impose any additional obligation upon the board.
14. COMPLIANCE WITH LAW AND LICENSE REQUIREMENTS
In providing all services/goods pursuant to this agreement, CONTRACTOR shall abide by all
laws of the Federal and State government, ordinances, rules and regulations pertaining to, or
regulating the provisions of, such services, including those now in effect and hereinafter
adopted. Compliance with all laws includes, but is not limited to, the immigration laws of the
Federal and State government. 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 Agreement. CONTRACTOR shall possess proper licenses to perform work in
accordance with these specifications throughout the term of this Agreement.
15. DISCLOSURE AND CONFLICT OF INTEREST
CONTRACTOR represents that it, its directors, principles and employees, presently have no
interest and shall acquire no interest, either direct or indirect, which would conflict in any
manner with the performance of services required by this contract, as provided in Sect.
112.311, et. seq., Florida Statutes. 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, conflicting employment or contractual relationship;
and disclosure or use of certain information.
Upon execution of this contract, and thereafter as changes may require, the CONTRACTOR
shall notify the COUNTY of any financial interest it may have in any and all programs in
Monroe County which the CONTRACTOR sponsors, endorses, recommends, supervises, or
requires for counseling, assistance, evaluation, or treatment. This provision shall apply
whether or not such program is required by statute, as a condition of probation, or is provided
on a voluntary basis.
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.
16. NO PLEDGE OF CREDIT
CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment or
surety for any contract, ebt., obi igation, judgment, I ien., or any form of indebtedness.
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January 2010
AGREEMENT
CONTRACTOR further warrants and represents that it has no obligation or indebtedness that
would impair its ability to fulfill the terms of this contract.
17. NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand delivered
or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to
the following:
FOR COUNTY:
Monroe County
Facilities Maintenance Department
1100 Simonton Street, #2-284
Key West, FL. 33040
and
Monroe County Attorney
Post Office Box 1026
Key West, FL 33041-1026
FOR CONTRACTOR:
LAWRENCE FENCE COR~
211 Commerce Way, #4-8
Jupiter, FL 33458
561-747-4228 Fax: 561-747-4416
18. TAXES
COUNTY is exempt from payment of Florida State Sales and Use taxes. CONTRACTOR
shall not be exempted by virtue of the COUNTY'S exemption from paying sales tax to its
suppliers for materials used to fulfill its obi igations under this contract, nor is
CONTRACTOR authorized to use the COUNTY'S Tax Exemption Number in securing such
materials. CONTRACTOR shall be responsible for any and all taxes, or payments of
withholding, related to services rendered under this agreement.
19. TERMINATION
A. The COUNTY or CONTRACTOR may terminate this Agreement for cause with
seven (7) days notice to CONTRACTOR. Cause shall constitute a breach of the obligations
of either party to perform the obligations enumerated under this Agreement.
B. Either of the parties hereto may cancel this agreement without cause by giving the
other party sixty (60) days written notice of its intention to do so with neither party having
any further obligation under the term s of the contract upon termination.
C. If the CONTRACTOR is adjudged a bankrupt, or if he makes a general assignment for
the benefit of his creditors, or if a receiver is appointed on account of his insolvency, or if he
persistently or repeated refuses or fails, except in case for which extension of time is
provided, to supply enough properly skilled workmen or proper materials and fails to
maintain an established schedule (failure to maintain schedule shall be defined as any
scheduled activity that falls seven (7) days or more behind schedule) or if he fails to make
prompt payment to subcontractors for materials or labor, or persistently disregards laws, rules,
ordinances, regulations, or orders of any public authority having jurisdiction, or otherwise is
guilty of a substantial violations of a provision of the Agreement, then the COUNTY may,
without prejudice to any right or remedy and after giving the CONTRACTOR and his surety.,
if any, seven (7) days written notice, during which period CONTRACOTR fails to commence
correction of the violation, terminate the employment of the CONTRACTOR and take
possession of the site and of all tnaterials, equiplnent, tools, construction equipnlent and
Jnachinery thereon owne by the CONTRACTOR, and may finish the Project by whatever
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January 2010
AGREEMENT
method the COUNTY may deem expedient. In such case, the CONTRACTOR shall not be
entitled to receive any further payment until the Project is finished nor shall he be relieved
from his obligations assumed under Article 2. Reasonable terminal expenses incurred by the
COUNTY may be deducted from any payments left owing the CONTRACTOR.
20. 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 Agreements 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.
21. MEDIATION
The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of
the terms or a term ofthis Agreement by or between any of them the issue shall be submitted
to mediation prior to the institution of any other administrative or legal proceeding. 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.
22. 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.
23. ATTORNEY'S FEES AND COSTS
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
attorney's fees, in appellate proceedings. Each party agrees to pay its own court costs,
investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all
levels of the court system.
24. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted
to be resolved by meet and confer sessions between representatives of COUNTY and
CONTRACTOR. 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 a public meeting of the Board of
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January 2010
AGREEMENT
County Commissioners. If the issue or issues are still not resolved to the satisfaction of
COUNTY and CONTRACTOR, then any party shall have the right to seek such relief or
remedy as may be provided by this Agreement or by Florida law.
25. 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 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.
26. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the
benefit of COUNTY and CONTRACTOR and their respective legal representatives,
successors, and assigns.
27. 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.
28. 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.
29. 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.
30. LEGAL OBLIGATIONS AND RESPONSIBILITIES
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
perforlnance 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
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January 2010
AGREEMENT
constitutional or statutory duties of the COUNTY, except to the extent permitted by the
Florida constitution, state statute, and case law.
31. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement
to enforce or 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.
32. 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.
33. NO PERSONAL LIABILITY
No covenant or agreement contained herein shaH 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 personaHy on
this Agreement or be subject to any personal liability or accountability by reason of the
execution of this Agreement.
34. 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 COUNTY and CONTRACTOR hereto may execute this Agreement by
singing any such counterpart.
35. 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.
36. PUBLIC ENTITY CRIME INFORMATION STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a 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
a public entity, may not be awarded or perform work as a Construction Manager, 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
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January 2010
AGREEMENT
287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on
the convicted vendor list."
37. MUTUAL REVIEW
This agreement has been carefully reviewed by Contractor and the County therefore, this
agreement is not to be construed against either party on the basis of authorship
38. INCORPORATION OF BID DOCUMENTS
The terms and conditions of the bid documents are incorporated by reference in this contract
agreement.
39. ANNUAL APPROPRIATION
The County's performance and obligation to pay under this agreement is contingent upon an
annual appropriation by the Board of County Commissioners. In the event that the County
funds on which this Agreement is dependent are withdrawn, this Agreement is terminated and
the County has no further obligation under the terms of this Agreement to the Contractor
beyond that alreadv incurred by the ter!1;1ination dat~^ · b:,;+- "-u.. ·
:u ~~~rpl~(le-m~.~~IfY')ern- 1~~e~*'.I/j..... .
~ -.;. -1N'.wITNESS WHEREOF, COUNTY and CONTRACTOR h~eto have executed thIs
'~greementbol\ the day and date first written above in four (4) counterparts, each of which
~~H,' wii~~;proof or accounting for the other counterparts, be deemed an original contract.
';}::.~:~~'>:'>.~f~' BOARD OF COUNTY COMMISSIONERS
7:~~~j?d~\fNYL KOLHAGE, CLERK OF MONROE COFLOIDA
,; BY:~~" -
c5 luDeQl:Ity Clerk M yor Sy la J. Murphy
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AGREEMENT
January 2010
COMPOSITE EXHIBIT "A"
1 of 9
KEY WEST AFRICAN CEMETERY MEMORIAL PROJECT
Key West, Monroe County, Florida
Ornamental Metal Fence Component
SPECIFICATIONS FOR CUSTOM-DESIGNED IRON FENCING
Revised, November, 2009
DIMENSIONS:
· Overall Heif!ht of Fence: 48" (above existing concrete slab, including post caps)
· Net Heif!ht of Fence Panels between DostS: 43" (including 1" pyramids along cap rail, and
allowing for 6" between concrete slab and bottom rail of fence panel.
· Total Perimeter of Fenced Area: 111 feet (25' x 61 ' Plaza, fenced on three sides; fencing to
be free-standing, installed between 16" x 16" cast concrete columns, but not attached to them.)
· Net Runninf! Feet of Fencinf!: 87'9", between columns, inclusive of 2" x 2" solid posts (30
each) as follows:
Three (3) sections.. 10'3",4 posts each;
Two (2) sections each 12' 10".. 4 posts each;
Two (2) sections each 13' 8".. 4 posts each;
One (1) section.. 4'0" (2 posts).
NOTE: Solid 2" x 2" posts (30 each) are set into existing concrete slab, to maximum depth of 6", 4" from
edge of slab, spaced 1" from concrete columns.)
. DESCRIPTION (see following illustrations):
· The fence panels consist of standard heavy-duty Y2" x Y2" solid square pickets, with the
exception of the two central panels, where the pickets are cut and welded to the circle quadrant
features, which are of heavier stock (see illustration.) The posts are 2" x 2", and topped by cast
iron ball post caps;
· The curved arcs and sun ray components are overlaid on both sides of the panels, respectively
(arcs on front side, rays on back). These components are of Y2" flat stock, the same thickness as
the pickets;
· The lower part of each fence panel includes a solid area with a cut-out Hwave" design, 6" high,
1;4" thickness. This design is to be cut by laser or water-jet.
· The cap rail is surmounted by 295 solid pyramids, 1" xl" xl", spaced at approximate 3"
intervals (see diagram).
Cost Estimates are requested for the following items, as per these Specifications:
. Fabrication of all fence components
· All permitting and related fees and costs, if necessary
. Delivery to site
· Installation (onto existing concrete slab): Fence is to be freestanding between the concrete
columns, rather than attached to theln. Outer posts of each section are to be placed 1 Y2" from
the concrete colulnns, 4" from the edge of the concrete slab.
Installation requires core drilling into existing concrete slab to industrial standard depth for
insertion of 2" x 2" square posts.
NOTE: This installation is at a beachfront location, with direct exposure to salt air, sun (UV
radiation), windblown sand, etc., and is in the direct path of occasional hurricanes and stonn surges. In
addition, it is reported that rowdiness, vandal iSln and \vi Ilful destruction (to harvest Inetal for its scrap
value) have been factors in sinlilar fence in talJations at other locations (including a cetnetery) in Key
West. (We anticipate that the dignity oft tTIOnUlnent will \vork against this, but this is not absolutely
assured.) Due consideration of these fact n1ust be included in selection of tnaterial s, construction
tnethods. etc.
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CEMETERY
MEMORIAL
ORNAMENTAL
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CONTRACT CLAUSE SUPPLEMENTAL TERMS
IRON FENCING, AFRICAN CEMETERY MEMORIAL PROJECT
KEY WEST, MONROE COUNTY, FLORIDA
_"County is in agreement that all references in the Contract Documents to "iron" are re-written to "steel",
_"On Eomposite Exhibit A, page 2 of9, "Overall Finish: Sandblasted, zinc-rich primer" is re-written to read
"Overall Finish: "Solid steel to be fabricated, hot-dipped galvanized" (then powder coated)
_"Owner is to provide detailed measurements of all fence components to Contractor to facilitate
layout/fabrication of fence."
_"The Warranty Period for this Project is One Year."
_ "This Work's duration to be approximately 90 working days. Contractor is not liable for any Liquidated
Damages if this time frame is met. Contractor to coordinate this Work's schedule with County"
N/ A _"County shall not backcharge Contractor unless County has given Contractor 48 hour written
notice of back charge within five days of said occurrence and Contractor has failed to respond."
N/A "Contractor is responsible for Sunshine Locates and It's member utilities. County to
coordinate/have located other Contractor's work and private owned utilities installed
underground prior to fence installation. This Contractor not responsible for damage resulting from mis-
information provided."
_"Permit and associated fees are additional, if required"
-'-:Bond Does not apply"
_"Contractor's 10bsite personnel are not authorized to act on behalf of Contractor with respect to
Changes, Scheduling or Notices. Project Manager Frank Palopoli is to be readily available"
_"Contractor is to adhere strictly to plans/specs (or shop drawings) but does not assume responsibility
that same meets code. Contractor is to notify County of any deviations he is aware of'
_"Time for curative periods (minimum 48 hours) on written notices shall accumulate Monday thru Friday,
excluding Holidays. Hours for length of written notice begin upon confirmed receipt."
N/A "County agrees not to require mobilizations for less than the entire project."
_"Contractor will not be required to participate in "composite clean up crews" and will not be charged
for same. Contractor will only clean up those materials associated with their scope of work and those they
generate."
N/A_"IfCounty requests Contractor to mobilize and upon Contractor's arrival, agreed to area for
the work is not properly prepared, County shall pay Contractor for the expenses."
_"}he Venue for any involved legal actions that may arise, inclusive of mediation, shall be the County in
~~hich the project is located."
~"\Jl1.e T~rmscontained herein supercede Terms contained in the Contract oflike subject matter."
(SEAt}." . BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNT FL
By:(j~~
DeputyClerk
By:
ia J. Murphy
JUN 1 6 2010
Date: JUN 1 6 20tO
WITNESS FOR CONTRACTOR:
Signature
Date
E FENCE CORPORATION
.~ 312(2)6
Date
Signature
COWAN COHstJLTIHG SBRVICBS
2151 Al t AlA Soui:h Sui u. 800
Jupi. t:er, I'L 334'.,
561 5"5-7 '74
INSURED Lawrence reno. Cozporat:.ion
CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE 18 ISSUED AS A MAneR OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON tHE CERTIFICATE
HOLDER. THIS CERnFICATE DOES NOT AlIENO, EXTEND OR
ALTeR THE COVERAGE AFFORDED BY THE POUCIEI BELOW.
PRODUCER
211 Coaaerce Way
3qpiter, PI 33458
INSURERS AFFORDING COVERAGE
INSURER A. Alls COIal8 cial
INSlRiR 8
INSURER C
WSURER D.
INSURER e"
MAle.
COVERAGES
THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWITHSTANDING
ANY REQUIREMENT. TERM OR CONomoN OF ANY CONTRACT OR OTtER DOCUMENT WITH RESPECT TO WHICH THIS CERnFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCR.eo HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDmoNS OF SUCH
POLICIES. AGGREGATE LlArrS SHOWN MAY HAVE BEEN REDUCED BY PAID CLANS
..
LTR
POUCYNUMBER
LMT8
.
s
.
.
.
.
GENERAL LIABI.IlY
COftMRCIAL GENERAL LIABILITY
CLAlMSMADE 0 OCCUR
GEN'l AGGREGATE LIMIT APPliES PE
POliCY PRO- LOC
AUTOMOBILE UABIlITY
X ANY AUTO
ALL OWNED AUTOS
SCtEDULED AUTOS
X HIRED AUTOS
N()N.OWNED AUTOS
04gS16S04
COMBItED SINGLE LMT . 500,000
(Ea *=CIdInt)
BODILY INJURY .
(IW peqon)
09/28/09 09/28/10 BODILY INJURY .
(Pw' 1ICCIdIrt)
PROPERTY DAMAGE .
(Per 8CCIdent)
AUTO ONLY - EA ACCIDENT .
OTtER THAN EAN:IC .
AUTO ONLY AGO .
EACH OCCURRENCE I
AGGREGATE S
09/28/09 09/28/10 .
.
.
E L EACH ACCIDENT .
E l DISEASE - EA eMPLOVEE .
E.L. DISEASE - POUCY LIMIT .
A
GARAGE LIABLITY
ANY AUTO
EXCESS I UMBRaLA LIABLITY
X OCCUR D CLANSMADE
049003834
A DEDUCTIBlE
RETENTION S
WORKERS COMPENSATtON
N<<J EMPLO~ LIABILITY
NfV PROPRIITORAtAR1't8lSCECUTNE
QIIItICIRII.~ EXC1UDED?
........, In NIl)
=-c~~s below
OTHER
V/N
D
DESCRIPTION OF OPERATIONS , LOCATIONS' VEHtCLES I EXClUStONS ADDED BY ENDORSEMENT I SPECIAl. PROVISIONS
Fencing Erection Contractor/Inat:al.l.at:ion No MaD~.at:urinq: Certificate holder .s
addi tiona1 insured as respects to COBUIUIrcial Auto
CERnFICA
CANCELLAnoN
MONROB COtJlftY BOCC
A'1'ftI: JOBH" . K%NG, CRt
1100 SDNDRTON S~T, 12-284
KBY "'IT, I'L 33040
SHOULD,., OP TIE .... ~ POLICtD .. CMCIIJ.B) .,..1HI1XPIMTION
DAB 'INDEDF. TMI ...... ..,.. WILL ....VOR TO fMIL. 30 DAVI ..".,.
N011CI TO 11IE Cllt'lW'lCATI HCILDBI ~ TO ntl ...,., ..-r MILUM TO DO 10 IHALL
wou NO GalMTION OR LIMIJTY CJII """ laND waoN 1111 ....... 111 MIJn'8 OR
........,.ATNEI.
AUTHORIZED REPRESEt{'r, NE
ACORD21(2001I01)
~~
PRODUCER
CERTIFICATE OF LIABILITY INSURANCE ~~~9 I DA:~~7;;:
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE 'DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
The Plastridge Agency-PBGO
10337 N ~litary Trail
Pa1m Beach Gardens FL 33410
Phone:561-630-4955 Fax:561-630-4966
INSURERS AFFORDING COVERAGE
INSURED
NAIC #
22292
INSURER A:
INSURER B:
Hanover Insurance Company
FCCI Insurance Co.
I "R" T~--', r'~ L:"" ::f t T 'r~"r~-
-- "<<---4'.1L. V .L:; LJ
AUTO ONLY - EA ACCIDENT $
EA ACC $
AGG $
$ 1000000
$ 1000000
INSURER C:
Lawrence Fence Co~oration
211 Commerce Way .~-8
Jupiter FL 33458
I
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWi~VNDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISsl~==
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 REDUCED BY PAID CLAIMS.
INSURER 0:
INSURER E:
MAY
L TR NSR[
POLICY NUMBER
CRTLd1~ifJ6~) : ~~~~lMMiDD~
TYPE OF INSURANCE
GENERAL LIABILITY
-
EACH OCCURRENCE
UI\MA\:JI: ._. __
PREMISES (Ea occurence)
MED EXP (Anyone person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
A X
RZJ4925442-00
02/04/10
02/04/11
X COMMERCIAL GENERAL LIABILITY
= ~ CLAIMS MADE ~ OCCUR
~ Broad Form PO
~ Contra Liab
GEN'L AGGREGATE LIMIT APPLIES PER:
I POLICY fil ~~gT n LOC
AUTOMOBILE LIABILITY
I---
COMBINED SINGLE LIMIT
(Ea accident)
'1l1 · J~
r;~(~~/(D
PROPERTY DAMAGE
(Per accident)
ANY AUTO
ALL OWNED AUTOS
BODILY INJURY
(Per person)
I---
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
BODILY INJURY
(Per accident)
I---
A
GARAGE LIABILITY
R ANY AUTO
EXCESS I UMBRELLA LIABILITY
~ OCCUR D CLAIMS MADE
AGGREGATE
OTHER THAN
AUTO ONLY:
EACH OCCURRENCE
02/04/10
02/04/11
UHJ492548800
n DEDUCTIBLE
[Xl RETENTION $ 10000
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y I N
B ANY PROPRIETORlPARTNERlEXECUTIVD
OFFICERlMEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
SPECIAL PROVISIONS below
OTHER
1 ~ '" fH ('\
""= \0,1 \.J
-~. M.--==d
LIMITS
$ 1000000
$ 100000
$ 5000
$ 1000000
$2000000
$2000000
$
$
$
$
$
$
$
001WC09A56207
03/01/10
X I TORY LIMITS I I o~-
03/01/11 E.L.EACHACCIDENT $1000000
E.L. DISEASE - EA EMPLOYEE $ 1000000
E.L. DISEASE - POLICY LIMIT $ 1000000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Fencing Erection Contractor/Installation No Manufacturing; Certificate
Holder is listed as Additional Insured as respects to General Liability and
Umbrella only.
CERTIFICATE HOLDER
CANCELLATION
MONRO-5
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LlABILI F ANY KIND UPON THE INSURER, ITS AGENTS OR
Monroe County BOCC
ATTN: John W. King, CPM
1100 S~onton St., #2-284
e West FL 33040
ACORD 25 (2009/01)
@ 88-2009 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD