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06/15/2011 AgreementDANNY L. KOLHA GE CLERK OF THE CIRCUIT COURT DATE: June 21, 2011 TO: Dent Pierce, Director Public Works Division ATTN. Beth Leto, Assistant Director Public Works Division FROM: Pamela G. Hanc ck, . C. At the June 15, 2011, Board of County Commissioner's meeting, the Board granted approval of the following: ✓ Item C20 Award of bid and execution of contract, including Add Alternate, to Peach State Roofing, Inc. for the Roofing Improvement Project at the Monroe County Detention Center on Stock Island. Item C29 Monroe County Sheriff's Office Off -Duty Employment Contract for the hiring of a deputy to enforce rules and regulations at Harry Harris Park during four (4) holiday weekends each year (Easter, Memorial Day, Fourth of July, and Labor Day). 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 I. r AGREEMENT ROOFING IMPROVEMENTS — MONROE COUNTY DETENTION CENTER — STOCK ISLAND CONTRACT MONROE COUNTY PEACH STATE ROOFING, INC THIS AGREEMENT, made and entered into this 15th day of June, 2010 by and between the MONROE COUNTY, a political subdivision of the State of Florida hereinafter called "County", whose address is 1100 Simonton Street, Key West, Florida 33040 and Peach State Roofing, Inc., a Georgia co rporation li censed to do business in Florida, hereinafter called "Contractor", whose address is 1401 SW loth Avenue, Pompano Beach, Florida 33069. WHEREAS, the County is in need of roof repairs at its Monroe County Detention Center facility; and WHEREAS, the Contractor is licensed, qualified, properly equipped and is in the business of performing roof repairs; now, therefore IN CONSIDERATION of the premises and of mutual covenants and promises hereinafter contained, the parties hereto do hereby 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 contract documents consist of the Agreement, 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 -I- Roofing Improvements - MDCD furnished as part of the Bid or required to be furnished by the BID, and all required insurance documentation. A. The following attached drawings, surveys and calculations are provided for reference only. No warranty of fitness for any purpose is provided by the Owner. It is the responsibility of the Contractor to determine all site conditions including all dimensions, flashings, expansion joints, equipment locations and roof penetrations. HLM As -Built Drawings provided by First Choice Roofing Systems, dated August 2, 1994. Drawing Nos. 4.22, 4.23, 4.24, 4.25 and 4.26 2. Roof Storm Water Drains Calculations, Decks A thru F, as provided by Atlantic & Caribbean Roof Consulting, LLC, dated 2/20/11. 3. Roof Moisture Survey Test Report, Decks A thru F, as provided by Atlantic & Caribbean Roof Consulting, LLC, dated February 23, 2011. 3. SCOPE OF THE WORK — Roofing Improvements — Monroe County Detention Center — Stock Island, 5501 College Road, Key West, Florida 33040. A. The Contractor shall perform all of the work required, implied or reasonably inferable from this agreement. The term "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, engineering services, material, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, power, debris disposal, 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, sanitation and all other utilities as required by this contract. The work is to not disrupt or jeopardize Detention Center operations. Contractor is to abide by all security rules and regulations. The work to be performed by the contractor is generally described as follows: 3.01 DESCRIPTION A. Provide all labor, material, equipment, and tools as required for complete removal and disposal of existing roof system down to the light weight concrete roof deck, providing for a smooth workable surface and install new roofing system complete, including all flashing details, expansion joints, metal flashings and edgings as further specified in this section. Existing roof within this scope comprises a mechanically fastened single ply membrane over light weight concrete, encompassing approximately 90,330 square feet of deck area. Approximately 5000 square feet of Deck D (as depicted in the roof moisture survey) was replaced in 2007 with a fully adhered 80 mil fleece back membrane, accordingly, this area and associated flashings are not included within this scope. Contractor will tie into the existing 80 mil membrane and associated flashings. 3.02 QUALITY ASSURANCE -2- Roofing Improvements - MDCD A. Contractor's key supervisory personal shall have not less than three years of experience in the installation of the FiberTite Roof System and be present at all times during roof installation. B. FiberTite-FB Roofing System shall be installed in accordance with current specifications and details as amended and/or authorized by FiberTite Technical Customer Services. C. There shall be no deviations from approved specifications or shop drawings without prior written approval by the owner and FiberTite Technical Customer Services. D. Upon completion and certification by the contractor that a quality installation has been completed in accordance with the approved specifications, a quality assurance inspection of the roof system shall be performed by FiberTite Technical Customer Services for acceptance and approval of appropriate warranty. E. It will be the responsibility of the roofing contractor to initiate a Quality Control Program to govern all aspects of the installation of the new Roofing System. 3.03 PERFORMANCE A. Comply with the Florida Building Code 2007, Exposure C, 150 mph. 1. Including the latest Amendments and Supplements. B. Comply with American Society of Civil Engineers, ASCE 7-05, including Chapter 6. 3.04 WARRANTY A. Furnish the Owner with a Twenty (20) Year No Dollar Limit Warranty with a 100 mph Wind Rider covering the cost of repairing leaks as a result of either defects in the roofing system or the workmanship involved in its installation. 3.06 SUBMITTALS - Owner review and approval is required for the following submittals. When submittals are marked approved by the Owner, that part of the work covered by the submittal may proceed provided it complies with requirements of the Contract Documents; final acceptance will depend upon that compliance. Allow sufficient review time so that installation will not be delayed because of the time required to process submittals, including time for re -submittals. Allow two weeks for initial review. Four copies will be required for each submission. One copy will be returned to the Contractor with appropriate comments. A. Manufacturer approved list of accessories or materials not manufactured or expressly authorized for use by Seaman Corp. B. Manufacturer approved dimensioned shop drawings of details not found in the Fiber- Tite Roofing Systems Construction Details booklet and other information that may affect the suitability and installation of the roofing system. C. Show compliance with the requirements of 3.02 Quality Assurance D. Engineer's Certification of compliance with 3.03 Performance -3- Roofing Improvements - MDCD E. Dimensioned shop drawings, including roof plan detailing perimeter enhancement, flashing methods, terminations and acceptance by FiberTite Technical Customer Services. F. Sample of Seaman Corp. Warranty. Roofing Contractor's approved copy of Warranty Request Form. 3.06 DELIVERY & STORAGE A. Deliver all materials to the job site in manufacturer's original, unopened containers, with legible labels and in sufficient quantity to allow for continuity of work. B. Select and operate material handling equipment in a safe manner, guarding against damage to existing construction or newly applied roofing and conforming to manufacturer's recommendations of handling and storage. C. All rolls of membrane shall be stored, lying down, elevated above the roof deck and completely protected from moisture with tarpaulins. (The polyethylene wrappers on the rolls do not provide adequate moisture protection during roof top storage.) D. Barrier board and insulation shall be stored on pallets, fully protected from moisture with tarpaulins. (Manufacturer's packaging is not considered adequate protection from moisture.) E. Adhesives and sealants shall be safely stored between 50° F and 80°F. F. Flammable materials shall be stored in a cool, dry area away from sparks and open flames. Follow all precautions as outlined in manufacturer's Material Safety Data Sheets. G. Materials, having been determined by the owner/owner's representative to be damaged, shall be immediately removed from the construction site and replaced at no cost to the owner. 3.07 JOB CONDITIONS A. Safety 1. Take all necessary precautions regarding worker health and safety when using solvents and adhesives. 2. Store flammable liquid and materials away from open sparks, flames and extreme heat. 3. Take necessary precautions when using solvents and adhesives near fresh air intakes. 4. Comply with all OSHA requirements for construction. 5. Daily site cleanup shall be performed to minimize debris and hazardous congestion. B. Protection -4- Roofing Improvements - MDCD 1. Schedule installation sequence to limit access and utilization of the newly installed membrane for material storage, construction staging, mechanical and/or excessive foot traffic. 2. Provide proper protection on newly completed roofing. 3. Protect building walls, rooftop units, windows and other components during installation. 3.08 COORDINATION A. Prior to commencement of work, a pre -roofing conference will be held with the authorized roofing contractor, Seaman representative and owner/owner's representative(s) to discuss the specified roofing system, its proper application and the expectations of all parties involved including any security measures. The owner/owners representative shall notify all parties a minimum of fourteen days prior to the meeting. B. Prior to commencement of work, Contractor is to provide the Monroe County Sheriffs Office a copy of driver's licenses and social security numbers for all proposed on -site contractor personnel. C. Plan and coordinate the installation of the roofing system in a manner that does not impact Jail operations and with other trades to avoid membrane damage, keeping the complete installation weather tight and in accordance with all approved details and warranty requirements. D. Hours of work; through coordination and approval with Owner and Jail staff; can be extended to 24 hours a day, seven days a week. Contractor is to provide their on -site employee's with employer identifying clothing, i.e. t-shirts and/or patches. Contractor's on -site vehicles are also to be so marked as to the identity of the Contractor. PRODUCTS 3.09 GENERAL A. All products and components for the fully adhered Roofing System shall be supplied by one manufacturer. B. Components other than those manufactured and / or supplied by approved manufacturer shall be submitted for review, prior to ordering. 1. Any product(s) not specifically authorized in writing for the project by the manufacturer, shall be considered unacceptable. 3.10 MEMBRANE A. This specification is based on a nominal 0.060 inch thick Ketone Ethylene Ester (KEE) alloy, reinforced with knitted polyester fabric as manufactured by Seaman Corporation, under the trade name FiberTite 8155 XT Fleece Back membrane conforming to the following physical properties as outlined in Table 1 of this specification. -5- Roofing Improvements - MDCD I aDle 1 : rnvsicai F'roDerrleS oT NDer I lie Memprane MATERIAL PROPERTY TEST METHOD(S) PRODUCT DATA FiberTite Fabric— Type ASTM D-751 Polyester Weight (oz.) 6.5 Thickness (nominal) ASTM D-75 (inches) 0.060 Breaking Strength ASTM D-751 Grab (lbs.) 550 x 500 Tensile Strength ASTM D-882 (psi.) 9500 Elongation ASTM D-751 (%) 18 Seam Strength ASTM D-751 Grab (%) 100 Tear Strength ASTM D-751 (lbs.) Tongue Tear 125 Puncture Resistance ASTM D-751 Ball Burst (lbs.) 700 Dynamic Puncture ASTM D-5635 (J) 15(ft. — Ibf)11.06 Static Puncture ASTM D-5602 (33 lbf) Pass Water Vapor Transmission ASTM E-96 Proc. A (gm/m2/24hrs) 1.3 Water Absorption ASTM D-471 (%) one side exposure 5.0 Dimensional Stability ASTM D-1204 (%) 0.78 Low Temperature Flexibility ASTM D-2136 (F) -40 Shore "A" Hardness ASTM D-2240 80 Hydrostatic Resistance ASTM D-751 A (psi) 500 Accelerated Weathering ASTM G155 Xenon Arc 10,000 hrs. Cracking or Crazing none ASTM G 154 QUV Cracking or Crazing none Coating Adhesion ASTM D-751 cannot peel Fungi Resistance ASTM G 21, 28 days no growth Oil and Hydrocarbon ResistanceMIL-C-20696C Swelling, Cracking or Leaking none 3.11 LAMINATED METAL A. All metal flashing and edgings shall be FiberClad Coated Metal. 1. 0.040 in. thick 3003H14 Aluminum 2. Color to be off white, DC196. 3.12 FASTENING DEVICES A. Fastener and membrane plate shall be as listed on the current manufacturer's fastener list. 1. If required by Authority Having Jurisdiction or membrane Manufacturer, fasteners are to meet the pullout values determined by pullout testing. B. FiberTite NTB-1 H 1. To secure membrane to light weight concrete. Threaded, glass -filled nylon fasteners with locking wire barbs. -6- Roofing Improvements - MDCD C. FiberTite Twin Loo-Nail Fastener 3.13 SEALANTS, MASTICS AND SOLVENTS A. All adhesives, sealants, mastics and solvents shall be as supplied or approved by manufacture. Prior Owner approval is required if an adhesive other than FTR 290 Bonding Adhesive is proposed for the field membrane. 3.14 WALKWAY PADS A. Walk pads shall be as supplied by the manufacture and equal to FiberTite Mellow Yellow Walk -Way Material with a minimum thickness of 5/32". 3.16 WOOD NAILERS A. Wood shall be #2 or better southern yellow pine, kiln dried, wolmanized and conforming to Federal Specification TT-550, TT-W-517 and American Wood Preservers Institute Standard LP-2 1. Creosote or asphalted type preservatives are not acceptable. 3.16 EXPANSION JOINTS A. Per manufacture details or approved shop drawings 3.17 TERMINATION BAR A. As supplied by manufacturer. EXECUTION 3.18 GENERAL A. The roofing contractor shall be responsible for verifying that the deck condition is suitable for the specified installation of the fully adhered Roofing System. B. Examine and correct surfaces for inadequate anchorage, low areas that will not drain properly, foreign material, unevenness or any other defect which would prevent the proper execution and quality application of the fully adhered Roofing System as specified. C. Do not proceed with any part of the application until all defects and preparation work have been corrected and complete. 3.19 SUBSTRATE PREPARATION A. Remove all existing roof down to the light weight concrete roof deck and all flashing, metal flashing, counter flashing, lightning protection system, deteriorated wood blocking, dirt and any debris and properly dispose of offsite. The authorized roofing -7- Roofing Improvements - MDCD contractor shall be responsible for providing a suitable substrate for the proper installation of the FiberTite-FB membrane. Any unsatisfactory lightweight concrete shall be removed and replaced with appropriate and/or compatible material. Repair any depressions, irregularities and/or excessive deflection with compatible material. Contractor is responsible and it is included within the scope of work for all patching of damaged light weight concrete caused by the removal of existing fasteners. 1. In removing the lightning protection system, store and protect all lightning system elements for reuse while maintaining all grounding conductor roof penetrations, in a manner that will not damage new membrane installation. B. ALLOWANCE: The authorized roofing contractor is to include within the bid, an allowance for all cost associated with the replacement of up to and including 54 cubic feet of unsatisfactory lightweight concrete. Any Owner approved amount below the 54 cubic feet of replaced material shall be deducted from the contract amount utilizing the Light Weight Replacement Unit Price as set forth on the Submission Response Form. Any Owner approved amount above the 54 cubic feet of replaced material shall be added to the contract amount utilizing the replacement unit price as set forth on the Submission Response Form. Any increase in the contract amount is contingent upon an Owner approved change order. The authorized roofing contractor will provide a unit price on the Submission Response Form for the replacement of unsatisfactory lightweight concrete. The unit price is all-inclusive and not limited to: removal of unsatisfactory material, any required preparatory work, and installation of new compatible material as approved by FiberTite Technical Customer Service and any delays to the project. C. Remove only enough flashing to accommodate the days work and ensure the exposed area can be made 100% watertight at the end of the day or first sign of inclement weather. D. Remove any deteriorated or wet insulation and replace with like material. 3.20 WOOD NAILERS A. As needed, replace treated lumber at the same heights as existing or adjacent construction ± 1/4 in. 3.22 INSTALLATION OF MEMBRANE A. The job Foreman and/or Supervisor will be responsible for the daily execution of the Q.C. program, which will include, but is not limited to, the inspection of all heat welding incorporated within the roof system. 1. If inconsistencies in the quality of the welds are found, all work shall cease until corrective actions are taken to insure the continuity of the welds. B. Follow all standard Manufacture Installation Specifications. C. All field seams exceeding 10' in length shall be welded with an approved automatic welder. -8- Roofing Improvements - MDCD D. All exposed lightweight "insulating" concrete shall be sealed with a PVA sealer prior to the application of FTR 290 bonding adhesive. E. At a minimum, two (2) perimeter sheets shall be installed, parallel to all exterior roof perimeters. Install three rows of FiberTite NTB-1 H Decklite fasteners at 12" on center or Twin Loc-Nail fasteners at 6" on center (or approved equal) through the FiberTite membrane into the lightweight concrete. No penetration is to be made into the structural concrete deck. Spacing is to be 36 inches from the perimeter, 72 inches from the perimeter and 120 inches from the perimeter. Heat weld an 8" wide 50-mill XT cover strip of non -fleece backed membrane to cover the fasteners." F. The field membrane is to run up the parapet wall and be mechanically fastened with a continuous termination bar. Apply two-sided adhesive to the entire wall surfaces. Adhere non -fleece back .045-inch FiberTite-SM membrane flashing to entire wall surface, covering the termination bar. Fabricate and install a new perimeter FiberClad Metal drip edge flashing or cap flashing. 3.23 FLASHING A. Flash all curbs, penetrations and protrusions in strict accordance with approved Manufacturer's Details and Approved Shop Drawings. Contractor shall remove and replace or modify existing roof top equipment and ductwork as necessary to provide for proper flashing. B. Install all new metal flashing, including cap and drip edge flashings in strict accordance with approved Manufacturer's Details or Approved Shop Drawings. C. Flash all roof drains in strict accordance with Manufacturer's Roof Drain Details. Replace all worn parts that may cut the membrane or prevent a watertight seal. Replace all drain bolts or clamps holding the drain compression ring to the drain basin lead sheets and drain basins must be free of any debris. NOTE: Provide and install new drain strainers for all primary and secondary drains. NOTE: Complete replacement of (ten) 10 roof drains of various sizes shall be included within the scope of work and contract amount. 3.24 PITCH PANS A. Every effort shall be made to eliminate the need for pitch pans. Contact Manufacturer's Technical Service Department for specific design recommendations. B. In the event of no alternative, fabricate pitch pans from polymer -coated metal and install pitch pans in strict accordance with Manufacturer's Details, insuring proper attachment, maintaining a minimum 2" clearance around the penetration, with proper depth of sealant. 3.25 SEALANT A. Apply approved sealant to all surface mounted reglets and where called for in approved Details. Apply a bead of sealant large enough to fill the void entirely. Tool the sealant to shed water, following Manufacturer's installation guides. -9- Roofing Improvements - MDCD 3.26 TEMPORARY SEALS A. At the end of each working day or at the sign of rain, install temporary watertight seal where the exposed edge of the completed new roofing terminates at the uncovered existing roof surface. B. Prior to the commencement of work, remove all temporary seals if they will cause a water dam and any exposed roof cement, if used. Do not track roof cement onto the finished roof. 3.27 WALKWAY PADS A. Walk pads will be installed by hot air welding the walkway mat directly to the single ply membrane. Install walk pads at areas of roof access points and at the entire perimeter of all powered or serviceable curb mounted rooftop equipment. Outside air gooseneck ductwork and other rooftop duct penetrations do not require walk pads." 3.28 EXPANSION JOINTS A. Identify locations of all expansion joints and install new, per manufacturer's details. 3.29 CLEAN-UP A. Remove all debris and excess material from the roof area. Pick up all loose fasteners and sheet metal scraps from site. Maintain newly installed membrane in a clean condition. B. Insure the water tightness of the entire system for warranty inspection. C. Protect all roof surfaces subject to damage from other trades. D. Coordinate with Jail personnel to police grounds adjacent to roof installation on a daily basis. Special attention shall be provided to insure that no debris, tools or sharp objects are accessible to inmates and trusties. 3.30 INSPECTION A. The job Foreman and/or Supervisor shall initiate daily inspections of all completed work, which shall include, but is not limited to, the probing of all field welding to assure the quality of the application and insure that any equipment or operator deficiencies are immediately resolved. B. Insure that all aspects of the installation (sheet layout, attachment, welding, flashing details, etc.) are in strict conformance with the most current Manufacturer's Specifications and Details. Excessive patching will not be accepted at the time of final inspection. 3.31 WARRANTY INSPECTION A. Interim and Final inspection shall be performed by Manufacturer's Technical and Owner's Representative for approval and acceptance of installation. - Io- Roofing Improvements - MDCD 1. Contractor shall request interim and final inspections with sufficient notice prior to the requested date of inspection. 2. The Manufacturer shall issue warranty to the Owner after satisfactory inspection by a Manufacturer's Technical Representative and payment by Contractor of materials and Warranty Fee. 3.32 ALTERNATE A. An Alternate is an amount proposed by Bidders and stated on the Bid Response Form for an increase or decrease in scope of the project and may be added to or deducted from the Base Bid Amount if the Owner decides to accept the Alternate as stated by the Bidder on the Bid Response Form. 1. Include as part of each Alternate, miscellaneous devices, accessory objects, testing and similar items incidental to or required for a complete installation whether or not mentioned as part of the Alternate B. ADD ALTERNATE - Lightning Protection System 1. ANSI/NFPA 78; Class I UL 96A; Master Labeled lightning protection system, consisting of air terminals on roofs and roof -mounted mechanical equipment; bonding of structure and other metal objects and interconnecting conductors. Existing lightning protection system materials i.e. air terminals, conductors and connectors, are to be reused to the greatest extent possible while not jeopardizing certification. It is the Contractor's responsibility to determine existing materials to be utilized and scope to achieve a Master Labeled lightning protection system. 2. Submittals — Submit shop drawings and product data per Paragraph 3.05 a. Submit shop drawings showing layout of air terminals, bonding connections to structure and other metal objects. Include terminal, electrode and conductor sizes, and connection and termination details. b. Submit product data showing dimensions and material of each component and include indication of listing in accordance with ANSI/UL 96 or latest edition. c. Submit manufacturer's installation instructions 3. Qualifications a. Manufacturer: Company specializing in lightning protection equipment with minimum three (3) years documented experience. b. Installer: Authorized installer of manufacturer with minimum three (3) years documented experience. 4. Materials a. Components shall be in accordance with ANSI/UL 96 or latest edition with air terminals and conductors being copper and connectors being bronze. Roofing Improvements - MDCD 5. Installation a. Install in accordance with manufacturer's instructions. b. Install in accordance with UL 96A or latest edition. 6. Field Quality Control a. Perform all field inspections and testing b. Obtain the services of Underwriters Laboratories, Inc. to provide inspection and certification of the lightning protection system under provisions of UL 96A. c. Obtain UL Master Label and attach to building at location directed by Owner. 4. THE CONTRACT AMOUNT A. The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract per Paragraph 4.6 of which follows, the Contract sum of Six Hundred Twenty Four Thousand Two Hundred /100 Dollars ($624,200.00) of which includes Add Alternate, Paragraph 3.32. B. This paragraph specifies administrative and procedural requirements necessary to prepare and process Applications for Payment. 1. Bar -Chart Schedule: Prepare a fully developed, horizontal bar -chart -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 administrative and 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 one hundred and eighty days unless approved by the Owner. 2. Schedule of Values: Coordinate preparation of the Schedule of Values w ith preparation of Contractor's Construction Schedule. a. Submit Schedule of Values to the Owner for approval no later than seven days before the date scheduled for submittal of initial Application for Payment. b. Utilize the format of AIA Document G703 Continuation Sheets for the Schedule of Values with the following as Project identification: 1. Project name and location 2. Name of Architect 3. Architect's project number 4. Contractor's name and address 5. Date of Submittal -12- Roofing Improvements - MDCD c. Round amounts to the nearest whole dollar. The total shall equal the Contract Sum. 3. Application for Payment: Partial progress payments may be issued to the Contractor with the Owner's approval and with submission of properly executed invoice and partial release of liens. Ten percent retainage will be withheld on all progress payments. When the final work is accepted by the owner, the contractor shall invoice the County for full and final payment. 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: 1. defective work not remedied by the contractor nor, in the opinion of the owner, likely to be remedied by the contractor; 2. claims of third parties against the owner or the owner's property; 3. failure by the 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 for the unpaid balance of the contract price; 5. persistent failure to carry out the work in accordance with the contract; 6. damage to the owner or a third party to whom the owner is, or may be, liable. In the event that the owner makes written demand upon the contractor for amounts previously paid by the owner as contemplated in this subparagraph, the contractor shall promptly comply with such demand. 4. When all of the work is finally complete and the contractor is ready for a final inspection, it shall notify the owner thereof in writing. Thereupon, the owner will make final inspection of the work and, if work and all submissions are complete, in full accordance with this contract and this contract has been fully performed, the owner will promptly issue a final certificate 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 on 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 final inspection of the work, the contractor shall bear the cost of such repeat final inspection(s), which cost may be deducted by the owner from the contractor's final payment. 5. The contractor shall not be entitled to payment unless and until it submits to the owner invoices with supporting documentation acceptable to the Clerk of Court of which may include partial and final releases and waivers of lien; releases and -13- Roofing Improvements - MDCD waivers of lien from all subcontractors of the contractor and of any and all parties required by the owner. 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. The County designates the Clerk of Courts as its agent under the Local Government Prompt Payment Act, Florida Statues Section 218.735 6. Acceptance of final payment by the contractor shall constitute a waiver of all claims against the owner by the contractor except for those claims previously made in writing against the owner by the contractor, pending at the time of final payment, and identified in writing by the contractor as unsettled at the time of its request for final payment. C. Final payment, constituting the entire unpaid balance of the Contract Amount, shall be made by the Owner to the Contractor when the Contract has been fully performed by the Contractor. 5. 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 undertaken, 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 otherwise permitted by the contract, and that the work will be of good quality, free from faults and defects and in strict conformance with the contract and warrant same for a period of two years commencing at final completion. This two-year warranty is inclusive of all labor, transportation, equipment and material cost with no cost to the owner. All work not conforming to these requirements may be considered defective. 6. 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. C. 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 (1) 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 thereof, 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 determined by the owner on the basis of the reasonable expenditures or savings of those performing, deleting or revising the work attributable to the change, including, in the case of an increase or decrease in the contract price, an allowance for direct job site overhead of 5%, and profit 5% will be utilized. -14- Roofing Improvements - MDCD D. The execution of a change order by the contractor shall constitute conclusive evidence of the contractor's agreement to the 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 matters relating to or arising out of or resulting from the work included within or affected by the executed change order. 7. CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. This Agreement and the provision of the services at the location listed have 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 shall 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 for all damage, loss, and expense caused to the County by reason of the Contractor's breach of this Contract and/or his failure to comply strictly and in all things with this Contract and with the specifications. 8. INDEMNIFICATION/HOLD HARMLESS Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, sub- contractors or other invitees during the term of this Contract, (B) the negligence or willful misconduct of Contractor or any of its employees, agents, sub -contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Contract, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than CONTRACTOR). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Contract, this section will survive the expiration of the term of this Contract or any earlier termination of this Contract. 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 shall indemnify the County from any and all increased expenses or lost revenue 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 -15- Roofing Improvements - MDCD the insurance requirements contained elsewhere within this agreement. The provisions of this section shall survive the expiration or earlier termination of this agreement. 9. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement the Contractor is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the Contractor or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 10. ASSURANCE AGAINST DISCRIMINATION The Contractor shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 11. ASSIGNMENT/SUBCONTRACT 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 deemed 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. 12. COMPLIANCE WITH LAW In providing all services/goods pursuant to this agreement, the Contractor shall abide by all statutes, ordinances, rules and regulation pertaining to, or regulating the provisions of, such services, including those now in a ffect 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 licenses to perform work in accordance with these specifications throughout the term of this contract. 13. INSURANCE Prior to execution of this 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 • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability • Expanded Definition of Property Damage -16- Roofing Improvements - MDCD The minimum limits acceptable shall be $1,000,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $500,000 per person; $1,000,000 per Occurrence; and $100,000 Property Damage. An 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 contract. In addition, the period for which claims may be reported should extend for a minimum of 48 months following the termination or expiration of the contract. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED. B. Vehicle Liability — include as a minimum: • Owned, Non -Owned, and Hired Vehicles The minimum limits acceptable shall be $1,000,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $500,000 per Person; $1,000,000 per Occurrence; and $100,000 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 the A.M. Best Company. 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 the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. 14. CONTRACTOR'S RESPONSIBILITY -17- Roofing Improvements - MDCD 16. 16. 17 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 forth in these contract documents. Contractor shall at all times exercise independent judgment and shall assume responsibility for the services to be provided. 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 Director, Middle Keys Operations Monroe County Facilities Maintenance 10600 Aviation Blvd. Marathon, FL 33050 AND Monroe County Administrator 1100 Simonton Street Key West, FL 33040 FOR CONTRACTOR OR Chris Evans 1401 SW 10' Avenue Pompano beach, Florida 33069 REPRESENTATIVE AT JOBSITE FOREMAN Notice shall be deemed received when hand delivered, delivered by mail, or when deemed undeliverable by the U.S. Postal Service. CANCELLATION A) 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. B) This contract may be terminated for convenience by County upon ten (10) days written notice to contractor delivered by hand or certified mail, return receipt requested, of intent to terminate and the date on which such termination becomes effective. Contractor shall cease work as directed. In such case, Contractor shall be paid for all work executed and termination expenses, and expenses incurred prior to termination. No payment shall be made for profit for work, which has not been performed. GOVERNING LAWS, VENUE, INTERPRETATION, COSTS, 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. -18- Roofing Improvements - MDCD In the event that 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 shall not be subject to arbitration. 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. 18. RECORDKEEPING 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 or not paid to County pursuant to this Agreement were spent for purposes not authorized by this Agreement or wrongfully retained by Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were to have been paid. 19. 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. 20. 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 attorneys fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorneys fees, court costs, investigative, and out-of-pocket expenses in appellate proceedings. 21. 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. 22. AUTHORITY -19- Roofing Improvements - MDCD 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. 23. 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. 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 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 16 concerning cancellation. 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. 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 prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The 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 -20- Roofing Improvements - MDCD i amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.) as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 NoteO, 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 the parties to, or the subject matter of, this Agreement. Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the 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 state statutes, which may apply to the parties to, or the subject matter of, this Agreement. 27. COVENANT OF NO INTEREST 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. 28. 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 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. 29. NO SOLICITATION/PAYMENT 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. 30. 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 Statues, 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. 31. NON -WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statues, the participation of the County and the Contractor in this Agreement and the acquisition of any commercial liability Roofing Improvements - MDCD -21- L 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. 32. 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 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. 33. 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 constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 34. 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, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 35. ATTESTATIONS Contractor agrees to execute such documents as the County may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. 36. 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. 37. EXECUTION IN COUNTERPARTS Roofing Improvements - MDCD -22- This Agreement may be executed in regarded as an original, all of which instrument any of the parties hereto counterpart. 38. SECTION HEADINGS any number of counterparts, each of which shall be taken together shall constitute one and the same may execute this Agreement by signing any such 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. 39. CONTINGENCY STATEMENT Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Monroe County Board of County Commissioners. 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 sg"pRz rparts, be deemed an original contract. KOLHAGE, CLERK m Deputy Clerk Date: (SEAL) Attest: Title: By: I S Title: C� art �r 40- Roofing Improvements - MDCD BOARD OF COUNTY COMMISSIONERS OF MONROE COON , FLORIDA By. M�Ior/cbynan - ---, PEACH STATE ROOFING. INC. CONTRACTOR By: i Title: / - 4-egi��x'l Date: /�/ / / V tV 0 a 0 -23- rn 0 -n 0 0 SECTION TWO RESPONSE FORMS SUBMISSION RESPONSE FORM ROOFING IMPROVEMENTS MONROE COUNTY DETENTION CENTER BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT GATO BUILDING, ROOM 1-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 The undersigned, having carefully examined the Work, reference specifications, Bid and addenda thereto and other contract documents for the construction of: ROOFING IMPROVEMENTS — MONROE COUNTY DETENTION CENTER Stock Island, Monroe County, Florida and having carefully examined the site where the work is to be performed, having familiarized himself with material availability, Federal, State and local laws, ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish all labor, mechanics, superintendents, tools, material, equipment, transportation services, permitting services and all incidentals necessary to perform and complete said Work and work incidental hereto, in a workman -like manner, in conformance with said specifications and other contract documents including Addenda issued thereto. The undersigned further certifies that he/she has personally inspected the actual location of where the Work is to be performed, together with the local sources of supply and that he/she understands the conditions under which the Work is to be performed. The successful bidder shall assume the risk of any and all costs and delays arising from the existence of any subsurface or other latent physical condition, which could be reasonably anticipated by reference to documentary information provided and made available, and from inspection, and examination of the site. To determine lowest bidder, only Total Base Bid will be utilized. In the event of a conflict between the base bid in words and the base bid in numbers, the base bid in words will control. i�vc I�i-�.•���d ��n,e� Out '1�ke�s5�..�+c� F�9►a-t- /.�.,�,j't�Dollars, c►ws�•) — e'C' (Total Base Bid — words) $ 591. scan. 20 Monroe County Detention Center Roof Unit Price for replacement of unsatisfactory lightweight concrete per Paragraph 3.19.6: 1 we wmi `y wx (Unit Price in words) )o l l crrS a,r.,e� a oo per cubic foot Add Alternate Price for Lightning Protection System per Paragraph 3.32 (Add Alternate Price in words) $ 32_yOo , o0 I acknowledge receipt of Addendum(a) No.(s) (,y-I9-dot li I have included: o The Submission Response Form_ o Lobbying and Conflict of Interest Clause Form o Non -Collusion Affidavit —VL o Drug Free Workplace Form o Bidder's Insurance and Indemnification Statement o Insurance Agent's Statement o Bid Security (5% of Bid Price) o Local Preference Form at/A er cubic foot Dollars. In addition, I have included a current copy of the following professional and occupational licenses or explained how it will be obtained: Mailing Address: 1401 SW loth Ave Telephone: 954 - 781-5011 Pompano Beach, FL 33069 Fax: 954-783-3869 Date: 41- 21- ld Signed: LAIL `C Witness: `- Dave Schmitt (Seal) (Name) Vice President (Title) 21 Monroe County Detention Center Roof LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO.010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE " Dave Schmitt, Vice President of Peach State Roofing Inc. (Company Officer/Partner/Individual) warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". (Signat re) Date: 4 / 21 / 11 STATE OF: Georgia COUNTYOF: Gwinnett Subscribed and sworn to (or affirmed) before me on (date)by Dave Schmitt known to me or has produced ------- identification. (type of identification) 4/21/11 (name of affiant). He/She is personally_ as VINOTARY PUBLI GEORGIA SM. g, 2M2 Ay commission expires: 9 / 0 8 / 12 22 Monroe County Detention Center Roof NON -COLLUSION AFFIDAVIT I Dave Schmitt, VP of the City of Lawrenceville, GA according to law on my oath, and under penalty of perjury, depose and say that: 1. 1 am Dave Schmitt of the firm of Peach State Roofing, Inc. making the Bid for the services/work/project described in the Request for Bids for: Monroe County Detention Center Reroofing Project and that I executed the said Bid with full authority to do so: 2. The prices in this bid/Bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor. 3. Unless otherwise required by law, the prices and percentage of return which have been quoted in this bid/Bid have not been knowingly disclosed by the responder and will not knowingly be disclosed by the responder prior to bid/Bid opening, directly or indirectly, to any other bidder/responder or to any competitor. 4. No attempt has been made or will be made by the bidder/responder to induce any other person, partnership or corporation to submit, or not to submit, a bid/Bid for the purpose of restricting competition. 5. The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for the project/services/work. /� jI 4/21/11 (Sig ature of Bidder) (Date) I STATE OF: Georgia COUNTY OF: Gwinnett PERSONALLY APPEARED BEFORE ME, the undersigned authority, Dave Schmitt who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this 21st day of April 2011 . NOTARY PUAKIC� My Commission Expires: 9 / 0 8 / 12 GEORi�IAIA sir e,z 23 Monroe County Detention Center Roof DRUG -FREE WORKPLACE FORM The undersigned Contractor/bidder/responder in accordance with Florida Statute 287.087 hereby certifies that: Peach State Roofing, Inc. (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs 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. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. BidderY Signature 4/21(/11 Date / . X NOTARY` U C My Commission Expires: 24 Monroe County Detention Center Roof Bidder's Insurance and Indemnification Statement Insurance Reauirement Worker's Compensation Employer's Liability General Liability Vehicle Liability Required Limits Statutory Limits $500, 000/$500, 000/$500, 000 $1,000,000 Combined Single Limit or $500,000/$1,000,000/$100, 000 1,000,000 Combined Single Limit or $1,000,000/$500,000/$100,000 IDEMNIFICATION AND HOLD HARMLESS FOR CONTRACTOR The Contractor covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, officers, employees, agents and servants 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 of any kind, including attorney's fees, court costs and expenses, 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, including its Subcontractor(s) in any tier, their officers, employees, servants or agents. In the event that the service 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 ($10.00) of remuneration paid to the Contractor is consideration for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Contract BIDDER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Peach State Roofing, Inc. Bidder Signature 25 Monroe County Detention Center Roof INSURANCE AGENTS STATEMENT I have reviewed the above requirements with the responder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Qe ,Or j Ltybi L►�u d 5,c�oc�. {Jw. i:�ret to l.ia b+'IT_ lei, uGO 040 Liability policies are Occurrence are►uJN * BroLa fN TN S _ GF+tnru ►q Insurance Agency Claims Made Signatu Print Name: Dave Schmitt 26 Monroe County Detention Center Roof +-3. STATE OF FLORIDA x'- - 'I DEPARTMENT OF BUSIN—ESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING SOA_RD 1940 NORTH MONROE STRZE'T . .71 TALLAHASSEE FL 32355-0763 SCHMITT, DAVID 3ENRY PEACH STATE ROOBI%.TG INC 16S5-A SPECTRUM DR LAWRERiCEVILLE GA 30043 (850) 487-1395 STATE CF FLCMOA AC# 7153 be 3 i .'o-;iralulslionsl Wliih t-islicCn5+. }nu nec_cme onE cf •he ncar': ��'• : ' #' 03P'ARTX&%AT -OF RUSIN$SS AND•. Flo•idiarrs Iic�nEf-d �y the Capartr-tnt ci i3u :inrs� �-y ; _ -:' -:c ;.. 1rt FROFBSSYONAL REGULAT Oti , �, r Our prefes3io-als .t".:f c-no., s rar•ae fror. ar -'.ec' . + ' ys t t �=_-a =rrm — r boxfsrS to barbECJe -esta_ ant*, wiij 'lcr 3•S Cr ;'ID-3 s !i.a'v ' ' ? CCC035926 09101/YO `09.$170365 Fv*ry dAY '.i3 wufk :p iiv Dtave if e'r •H: rrE C'o t:15 - n ,.•CK i7 ser.-e 'j--u _.s-c- 1 ro•1n'C(hf8tion9CcctourF;r:+cc: Dgontawww.myfioridalicense.cQ-. j CERT1FZ8D• ROOFING• CONTRACTOR Tlrorc yv.; cirn t ra irc4-- -fc iatics- aznwi : ur scpo I ri, DAw ID isirtiY ', srr�s you. subsa oc to rlrr, ;n - -t nexsle 2e 3 a-c Mir __ :h_ PEACH STATE ROOFING- I21C Clr-�:,rtate^i's nit 3L\c5. Our nissien at the is. _ -*r; ?f a=r•J} • n ; ; :?.} r , - <:.wwamly svive *o Serv7 cu l Cit l <> rhfi.i Can ser ? i?'ankyou fo-roing business n Flcri3a d'niJ IS CZ tT:P287 • -Y 'cAo pzo'nsl.Uin nt �s;464 7S so.;. . r.t.'a� diL.. �►C G, 3i. 2'31;.2. F.i729-g1d2520 L • O J 1 J.:; 5 3.2 E IACH I -ERE STATE OF FLORIDA DBPAR-L14ENT OF SUSINH3S .AN PROFESSIO,YAL R$GitLA'FIOIJ: -"CONSTRUCTION."INDUSTRY LICENSING• BOARD SEQ#L3Gd9Q102428 . • : _ _T.ICYN5%':ti23R - -- 09/O1/201.01098170363 ICCCO45926 _ The ROOFING• C01-TTRACTOR 'Naiaed. below IS CERTIFIED Ulider the provisions of Chapter; ? S-!. Expiration date: AUG 31, 2012 -- - SC3MITT,. DAVID. E-V-gz R. PEACH ,STAT.ROOFING._INC - 16Sa-"A SPECTRUM DR LAWRENCEVILLE GA 30043 CHARLT9 GRIST GOVERNOR r,4Sr '_RYAS R=Q,;IR`D BY L11t"1 CHARLIE_ ,LIEM. SECRETARY �•� OP ID: KT ACORO DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 05/10/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Brown & Brown Ins. of Georgia 3483 Satellite Blvd, Suite 100 Duluth, GA 30096 Leo Dwyer INSURED Peach State Roofing, Inc. 1655-A Spectrum Drive Lawrenceville, GA 30043 770-512-5000 770-51 Karen Tanner t) 770-512-5040 FAX X, No : 770 512-5050 1__. ) _. _ --- ktan nerAbbatlanta.com ,r, .. PEACH -A INSURER(S) AFFORDING COVERAGE y_ NAIC # INSURER A: National Fire Ins of Hartford 20478 INSURER B Continental Casualty Company 20443 INSURER c . Valley Forge insurance Company____ 20508C INSURER D : INSURER E : rOVFRAr.F-R CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. -_.POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MM/DD MM1D GENERAL LIABILITY ' EACH OCCURRENCE $ 1,000,00 A X GENERAL LIABILITY 3011116369 �I 05/01/11 05/01/12 tiAMAGE TO RENTED PREMISES_ LEaoccurrence) , $ - 100,00 _.. -COMMERCIAL CLAIMS -MADE X OCCUR MED EXP (Any one person) � $- - 5,00 — - X $6000 ded BLNKT ADDL INSD PERSONAL a ADV INJURY $ 1,000,000 .PROD/COMPLTD OPS 1 GENERAL AGGREGATE $ 2,000,00 GE_N'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 2,000,00 - ° PRO POLICY X I JEE LOC Pollution i $ 1,000,00 AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT $ 1,000,00 (Ea accident) B X ANY AUTO 2082898589 I 05101/11 05/01/12 .--_ BODILY INJURY (Per person), $ -- _._-.. ALL OWNED AUTOS � BODILY INJURY (Per accident): $ X SCHEDULED AUTOS - --- -__ PROPERTY DAMAGE $ r X HIRED AUTOS �. , (Per accident) ' . NON -OWNED r- X ded $2,000 [ $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 EXCESS LU\B CLAIMS MADE AGGREGATE $ 10,000,00 B - - - -- - , 2082898544 05/01/11 05/01112 I _ - -- - --- DEDUCTIBLE X RETENTION $ $ WORKERS COMPENSATION X WC STATU 1 OTH- TORY LIMITS ' ER AND EMPLOYERS' LIABILITY A ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICERIMEMBER EXCLUDED? N 2093545922 09/07110 09107/11 N / A ___ . E.L.EACH ACCIDENT $ t__. - ---- -- - -- 1,000,000 _- - - fMe,de beund E.L.DISEASE - EA EMPLOYEE L$ -- 1 000,00 --- y r DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,00 C Rented Leased/ 2082898625 05/01/11 05/01/12 IR/L 250,000 C Equipment lnstallt Install 350,00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, H more space is required) RE: Monroe County Detention Center. Monroe County Florida and Owner are additonal insured. I:tKllhil:Alt MUL.UCK VArvVGi LNIIVN MONRO-4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County Florida ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Key West, FL 33040 AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD