Item F36a r
County of Monroe
- Me Florida Keys
BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers, District 3
Mayor Pro Tem George Neugent, District 2
Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
November 22, 2016
Agenda Item Number: F.36
Agenda Item Summary #2346
BULK ITEM: Yes DEPARTMENT: Project Management / Facilities
TIME APPROXIMATE: STAFF CONTACT: Cary Knight (305) 292 -4527
none
AGENDA ITEM WORDING: Approval to piggyback the City of Key West Uniform Services
Agreement and execute a contract for Uniform Services with Aramark Corporation for Public
Works /Engineering Division, Monroe County.
ITEM BACKGROUND: The City of Key West entered into an agreement with Armark
Corporation after a Competitive Solicitation for services for Uniform Services. Monroe County
Departments of Social Services, Public Works and Engineering, Roads, Fleet and Parks and Beaches
wishes to piggyback the Key West Uniform agreement. Project Management contacted other
vendors in compliance with Monroe County Code Ordinance 2 -347 Subsection E -2 with Armark
being determined to be the lowest priced vendor. Cost per employee /weekly: any combination of
shirts /pants up to 11 sets ranges from $3.74 to $6.82.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT /AGREEMENT CHANGES:
New Agreement
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Signed Agreement
ITB 4009 -16 UNIFORM RENEWAL (KEY WEST)
FINANCIAL IMPACT:
Effective Date: 01/01/2017
Expiration Date: 12/31/2017
Total Dollar Value of Contract: Cost per employee /weekly: any combination of shirts /pants up to
11 sets ranges from $3.74 to $6.82.
Total Cost to County: $31,350.00 plus Social Services amount
Current Year Portion: $26,125.00 plus Social Services amount
Budgeted: yes
Source of Funds: Ad Valorem
CPI: yes
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: No
County Match: No
Insurance Required: Yes
Additional Details: Other departments within Monroe County may want to piggyback at a later
date.
11/22/16 001 -20501
FACILITIES MAINTENANCE
$15,000.00
11/22/16 102 -22500
ROAD DEPARTMENT
$6,000.00
11/22/16 504 -23501
FLEET MGT SVC ADMIN
$3,250.00
11/22/16 147 -20503
UNINC PARKS & BEACHES
$2,500.00
11/22/16 101 -20505
CORRECTION FACILITIES
$2,500.00
11/22/16 401 -22502
CARD SOUND ROAD
$1,500.00
11/22/16 001 -61525
SOCIAL SERVICE TRANSPORT
$1,150.00
11/22/16 001 -20502
HIGGS BEACH MAINTENANCE
$600.00
Total:
$32,500.00
REVIEWED BY:
Cary Knight
Completed
11/07/2016 2:40 PM
Doug Sposito
Completed
11/07/2016 2:40 PM
Sheryl Graham
Completed
11/07/2016 3:28 PM
Christine Limbert
Completed
11/07/2016 4:54 PM
Budget and Finance
Completed
11/07/2016 4:57 PM
Maria Slavik
Completed
11/08/2016 8:10 AM
Kathy Peters
Completed
11/08/2016 11:01 AM
Board of County Commissioners Pending
11/22/2016 9:00 AM
AGREEMENT
BETWEEN MONROE COUNTY AND ARAMARK CORPORATION FOR UNIFORM
SERVICES
This Agreement is made and entered into this day of m 2016, between
MONROE COUNTY, FLORIDA ( "COUNTY "), a political subdivision of the State of Florida,
whose address is 1100 Simonton Street, Key West, Florida 33040, and Aramark Services, Inc.
( "CONTRACTOR "), a foreign corporation authorized to do business in the State of Florida,
whose Principal Address is 1101 Market Street, Philadelphia, PA 19101 and whose Florida's
address is 2351 Blount Road, Pompano Beach, FL 33069.
WHEREAS, COUNTY desires to provide uniforms for Monroe County Departments of
Social Services, Public Works and Engineering, Fleet, and Parks and Beaches; and
WHEREAS, CONTRACTOR desires and is able to provide uniform services to
COUNTY; and
WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide
uniform services to COUNTY, now therefore,
IN CONSIDERATION of the mutual promises and covenants contained herein, it is
agreed as follows:
1. THE AGREEMENT
The Agreement consists of this document, the bid documents, exhibits, and any addenda
only.
2. SCOPE OF SERVICES:
A. RENTAL SERVICE
a. Upon award of contract, the COUNTY shall furnish the Contractor with a list
of employee's names, with the employee's department, and size, color, style,
material and type of uniforms required. The County may add other
Department employees to the Scope of Service upon 30 day notice to the
Contractor.
b. The Contractor shall supply no more than eleven (11) new clean shirts and
eleven (11) new clean pairs of pants or shorts, as indicated, for each employee
on the list provided by the County.
c. The amount of new uniforms to be distributed to County employees will be
determined by the County upon award of the Contract. The County may
adjust the amount of new uniforms needed by various County departments
d. The garments shall be in the sizes, color, style, and material type as referenced
on the list provided to the Contractor. Failure to provide the correct size,
color, style, material and type may result in the COUNTY rejecting the
uniform provided.
e. Each week, the Contractor shall obtain soiled uniforms from the locations
described in section titled Service Locations, below. Soiled uniforms shall be
replaced with the exact size, style, and material type amount of clean
garments. Failure to provide the exact size, color, style, material and type may
result in the COUNTY rejecting the clean garments provided and adjusting
payment accordingly.
i. There shall be weekly pickup and delivery of the same items laundered
and pressed.
ii. All items will be laundered, pressed (if appropriate or requested),
repaired, maintained and replaced by the Contractor.
f. Replacement costs for worn or damaged items shall be borne by the
Contractor. If the COUNTY request for certain items of worn and damages
clothing to be replaced, the CONTRACTOR shall replace in the next delivery.
g. All the garments shall be, and at all times, remain the property of the
Contractor.
B. DIRECT PURCHASE
a. All items listed shall be made available for direct purchase by the
Department /Using Agency or employee. Laundering, repair, maintenance and
replacement of the items purchased by the Department /Using Agency or
employee are at the cost and the responsibility of the Using Agency or
employee.
C. MEASUREMENTS AND FITTING
a. It shall be the responsibility of the Contractor to measure each employee to
ensure proper fit.
b. Measurements shall be completed within thirty (30) days from notification of
award.
c. Measuring shall include physical measurement taken by the Contractor and
shall include trying on sample uniforms of the exact style, material type and
size of that being ordered.
d. Location for measuring will be at the Service Locations, but is at the
discretion of each Department /Using Agency and may be revised accordingly.
e. No verbal measurements will be acceptable.
f. Uniforms that do not fit properly will not be accepted and shall be replaced by
the Contractor at no cost to the COUNTY.
g. Normal working hours varies by Department /Using Agency and no measuring
shall be done outside normal working hours.
D. PATCHES & LOGOS
a. Each shirt shall have two (2) areas of embroidery; one on the right side of the
chest with County logo and "Public Works ", "Engineering ", "Social
Services ", or whichever is applicable for that department below the logo, and
one on the left side of the chest indicating the employee's name.
b. Be attached to the uniform shirt by stitching only.
c. Be designed and located per each Department /Using Agency's instructions.
d. Shall be approved by each Department /Using Agency prior to use.
e. Be removed when garment is no longer in service by the Department /Using
Agency.
f. The name should be l" tall by 3'/z" long; logo with "Monroe County" should
be 2 '' /z" round. As shown in the example below:
E. EMPLOYEE ADDITIONS, SUBTRACTIONS OR LEAVES OF ABSENCE
a. The Monroe County Department of Public Works and Engineering designee
(Contract Monitor) will inform the Contractor of any additions or deletions
from the employee list as they occur.
b. All new employees shall be measured for uniforms within two (2) working
days of notification.
c. New employees shall be measured at a location of the Department /Using
Agency's choice.
d. Delivery shall be within two (2) working days of measure.
e. When an employee is on leave in excess of ten (10) working days, charges
shall be suspended if the Contractor has been given five working days' notice.
f. In the event of an unforeseen leave situation, an employee can give five (5)
working days' notice to the Contractor upon realization that the employee will
be out for ten (10) working days or more.
g. The Contractor will charge the employee for uniforms through the five (5) day
notice period only. Uniforms will not be delivered to employees on leave until
written notice of return to work is received. Said notice will be given at least
five (5) working days prior to the employee's return to work.
F. PICK -UP AND DELIVERY
a. The COUNTY shall designate a person(s) who will be responsible to sign for
all uniforms picked up and delivered within their respective departments
(County's Designated Representative), and notify the contract monitor of any
and all changes covering contract services, i.e., adding or deleting an
employee, etc.
b. Upon delivery, an employee of the Contractor, in the presence of the County's
Designated Representative, will count the number and types of garments
delivered, and shall provide the County with a receipt stating the number and
types of garments delivered, which receipt shall be acknowledged by the
signature of the County's Designated Representative as to accuracy and
receipt. At the same time, and the same locations, the Contractor shall collect
and count, in the presence of the County's Designated Representative, all the
garments previously supplied, which have become soiled, for laundering and
subsequent re- delivery, and shall provide the County with a receipt both as to
the numbers and types of garments collected, which receipt shall be
acknowledged by the signature of the County's Designated Representative as
to accuracy and receipt. These receipts must be signed by the County's
designated representative or the invoice cannot be processed for payment.
c. Pick -up and delivery shall be made one (1) time per week.
d. The location, day and estimated time shall be agreed upon by the Contractor
and Department /Using Agency.
e. The agreed upon location, day and estimated time (under normal
circumstance) shall not change without prior mutual agreement.
f. Deliveries shall be made between the hours of 7:00 am and 4:00 pm except on
Saturdays, Sundays, holidays or when the Department /Using Agency or
location is closed.
g. Holidays or a change in work hours may cause the pick -up and delivery day to
change temporarily. The COUNTY and CONTRACTOR shall establish a
schedule for deliver and pick -up in advance based upon known COUNTY
Holidays or change in work hours.
h. Items returned each week must equal the number of items picked up.
i. Shortages must be noted on the delivery sheet at the time of delivery.
j. Uniforms not returned by the Contractor from the preceding week shall be
deducted from the invoice.
k. Upon the Department /Using Agency's request, the Contractor may be required
to provide a weekly count on all items.
1. The Department/Using Agency has 48 hours to call in any discrepancies in the
Uniform delivery. Contractor shall promptly make corrections to Uniform
delivery. Contractor's failure to do so shall result in the invoices being
deducted accordingly.
m. Uniforms for employees shall be clipped together and labeled with the
employee's name.
n. Delivery tickets shall accompany each weekly delivery and shall include, but
not limited to, the employee's name, identification number, garment
inventories, sizes, soil pickup and clean delivery amounts.
G. REPAIRS, REPLACEMENTS AND DEFECTS
a. Repairs for rented or leased items (Zippers, buttons, split seams, rips, tears,
etc.) shall be the responsibility of the Contractor.
b. It is the responsibility of the Department /Using Agency or employee to tag
each repair with a completed service request tag, provided by the Contractor.
c. All items shall be submitted with the weekly rental service and repaired or
replaced by the next delivery.
d. Should the repair not be completed within a one (1) week time frame, the
Contractor shall not charge for that item or it will be deducted from the
invoice until repairs are accomplished.
e. Worn out, faded, damaged or size changed garments shall be replaced by the
Contractor on an as needed basis as directed by the County at no additional
cost to the County.
f. Replacement costs shall be borne by the Contractor.
g. All items to be replaced shall be returned to the Contractor.
h. There will be no fee or charge for returned items should any garment being
returned to Contractor be deemed unusable by Contractor.
i. Failure to replace any item within 30 days, as stated above, shall constitute a
breach of contract on the part of the Contractor and shall be grounds for
termination of said contract.
H. LOST ITEMS
a. Any item not returned the following week shall be considered as missing and
so noted on the pick -up /delivery sheet. All items not so noted shall be
considered as returned by the Contractor.
b. Any item not returned within two (2) weeks after being picked up shall be
considered lost and the Contractor shall replace it free of charge upon the next
delivery.
c. Items lost by a Using Agency will be replaced by Contractor at the Using
Agency's expense per the amortization schedule.
d. The Using Agency shall assume responsibility for documenting losses.
I. DEFECTS
a. The items provided by the Contractor during initial start-up shall be new and
free from defects.
b. After initial start-up, any defective item shall be replaced at no additional cost
to the Department /Using Agency with new item.
J. COLORS
a. Colors shall be chosen from the manufacturer's standard colors by each
Department /Using Agency.
b. The mixing of colors of items for a single Department /Using Agency and /or
employee may be chosen by a Department /Using Agency and shall be
acceptable to the Contractor.
K. LAUNDERING REQUIREMENTS
a. Items shall be laundered to the highest industry standards with hypoallergenic
detergents, neatly pressed (if required) and returned to each Department /Using
Agency each week. Whenever possible the detergents should be green and
environmentally friendly: biodegradable, phosphate free and made from
renewable resources.
b. Items that have stains such as grease, oil, paint, dirt, etc. require removal of
stain.
c. It shall be the employee's choice if there is to be starch used.
d. Items with excessive spots or stains shall be replaced with a new garment and
at no extra cost, at the discretion of the Department /Using Agency.
L. DICONTINUED STYLES
a. Should a style be discontinued during the contract period, the Contractor shall
locate and recommend a comparable style to the Department /Using Agency
within five (5) working days after notification of discontinued style.
b. A sample may be requested before final approval by the County.
M. SPECIALIZED GARMENTS
a. It shall be the responsibility of the Contractor to provide garments for all
employees.
b. If an employee cannot wear the style or standard sizes known within the
industry, the Contractor shall provide garments, as needed, from another
source.
The Department /Using Agency shall approve all special sized garments and
any additional cost incurred to obtain them.
N. SERVICE LOCATIONS
• Monroe County Garage Complex
3583 S. Roosevelt Blvd.
Key West, FL 33040
Departments Included:
Facilities Maintenance Department
Higgs Beach
Road Department
Social Services
• Monroe County Courthouse Annex
502 Whitehead Street
Key West, FL 33040
Department Included:
Facilities Maintenance Department
• Monroe County Detention Facility
5501 College Road
Stock Island, FL 33040
Department Included:
Correction Facilities
• Big Pine Key Community Park Center
31009 Atlantis Boulevard
Big Pine Key, FL 33043
Departments Included:
Facilities Maintenance Department
Parks & Beaches
• Marathon Public Works
10600 Aviation Blvd.
Marathon, FL 33050
Departments Included:
• Plantation Key Public Works
186 Key Heights Drive
Plantation Key, FL 33070
Departments Included:
• Monroe County Public Works
300 Magnolia Street
Key Largo, FL 33037
Correction Facilities
Facilities Maintenance Department
Parks & Beaches
Road Department
Social Services
Correction Facilities
Social Services
Departments Included: Facilities Maintenance Department
Parks & Beaches
Road Department
• Murray E. Nelson Government and Cultural Center
102050 Overseas Highway — MM 102
Key Largo, FL 33037
Departments Included: Facilities Maintenance Department
Parks & Beaches
• Card Sound Road Toll Authority
11180 State Road 905, Key Largo, Fl, 33037
Department Included: Road Department
O. SUBMITALS
a. The Contractor shall be responsible to provide in their proposal, as an
additional alternate item, a system, or insurance, to allow for the replacement
of damaged or lost garments.
b. Bid prices shall include all installation, preparation, i.e. prep charges, swing
suit, name tag, County emblems, and style /color, replacement of worn out or
damaged garments, and shall be on a "per employee" basis. Shirts shall be
white, light brown, or light blue. Pants and /or shorts shall be light brown,
dark brown or dark blue. There will be no additional fee or charge for these
services when uniforms are replaced for any reason and /or new employees are
added.
c. Should Monroe County require additional services or items provided by
Contractor but said services and /or items have not been specifically defined in
the Bid Documents, then a proposal will be requested from the Contractor
and, if the proposal for these services and /or items is acceptable to Monroe
County, a separate purchase order will be obtained for payment thereof. In all
other respects, the contract parameters will be adhered to.
d. Should Monroe County require additional services or items that can be
provided by Contractor, those items must be itemized, including unit cost and
mark up percentage, and submitted with this bid package proposal.
e. The balance of the product line shall be made available and will be used for
both lease and purchased items. Submit two (2) catalogs with the bid package
for this purpose. Contractor shall supply catalogs after award to each Using
Agency.
f. Sample swatches must be included with the bid response. Sample swatches
should be 4 "X4" of fabric and colors available for each Item being bid. Each
sample shall be labeled with bidder's name, bid number and bid.
3. PAYMENTS TO CONTRACTOR
A. COUNTY's performance and obligation to pay under this agreement, is
contingent upon annual appropriation by the Board of County Commissioners.
B. 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 a proper invoice by CONTRACTOR.
C. CONTRACTOR shall submit to COUNTY invoices with supporting
documentation acceptable to the Clerk, on a MONTHLY schedule in arrears. 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.
D. PAYMENT AMOUNT
Item #1 - Shirts: Long Sleeve
35 % Cotton 65 % Polyester
Item #lA - Shirts: Long Sleeve
100 % Cotton
Item #2 - Shirts: Short Sleeve
35 % Cotton 65 % Polyester
Item #2A- Shirts: Short Sleeve
100 % Cotton
Item #3 - Shirts: Polo
50 % Cotton 50 % Polyester
Contractor Item #
$2.20 per person per week /$0.20 ea
Contractor Item #
$2.60 per person per week/$0.24 ea
Contractor Item #
$2.20 per person per week /$0.20 ea
Contractor Item #
$2.62 per person per week /$0.24 ea
Contractor Item #
$2.20 per person per week/$0.20 ea
Item #4 — Pants:
Long
35 % Cotton
65 % Polyester
Item #4A — Pants: Long
100 % Cotton
Item #5 — Pants:
Shorts
35 % Cotton
65 % Polyester
Item #5A — Pants: Pants will be cut to Shorts
100 % Cotton
Item #6 — Pants:
Cargo Shorts
35 % Cotton
65 % Polyester
Item #6A — Pants: Cargo Shorts
100 % Cotton
Item #7 - Shirts:
Men's Sport DriFit Polo
100% Polyester
Item #8 - Shirts: Women's Sport DriFit Polo
100% Polyester
Item #9 — Shorts: Women's Cargo
35 % Cotton 65 % Polyester
Item #9A — Shorts: Women's
35 % Cotton 65 % Polyester
Item #10 — Pants: Women's Trill Flat Long
Contractor Item #
$1.54 per person per week/$0.14 ea
Contractor Item #
$3.30 per person per week/$0.30 ea
Contractor Item #
$1.54 per person per week/$0.14 ea
Contractor Item #
$3.30 per person per week/$0.30 ea
Contractor Item #
$2.62 per person per week/$0.24 ea
Contractor Item #
$2.62 per person per week/$0.24 ea
Contractor Item #
$2.20 per person per week/$0.20 ea
Contractor Item #
$2.20 per person per week/$0.20 ea
Contractor Item #
$2.62 per person per week/$0.24 ea
Contractor Item #
$2.62 per person per week/$0.24 ea
Contractor Item #
25 % Cotton 75 % Polyester $2.20 per person per week/$0.20 ea
Item #11 — Shirt: Safety Contractor Item #
100% Polyester $3.52 per person per week/$0.32 ea
MONROE COUNTY RESERVES THE RIGHT TO CHOOSE STYLE AS INDICATED ABOVE.
4. TERMS OF AGREEMENT
This Agreement shall commence on January 01, 2017, and ends upon December 31,
2017, unless terminated earlier under paragraph 18 of this Agreement.
The COUNTY shall have the option to renew this Agreement for up to an additional two
(2) one year periods at terms and conditions mutually agreeable to the parties, exercisable upon
written notice given at least 30 days prior to the end of the initial term. Unless the context clearly
indicates otherwise, references to the "term" of this Agreement shall mean the initial term of one
(1) year.
The Contract amount may be adjusted annually in accordance with the percentage change
in the U.S. Department of Commerce Consumer Price Index for all Urban Consumers (CPI -U)
for the year ending December 31 of the previous year.
5. 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.
6. 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 monies were paid to CONTRACTOR.
7. PUBLIC ACCESS
Contractor must comply with Florida public records laws, including but not limited to
Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The
County and Contractor shall allow and permit reasonable access to, and inspection of, all
documents, records, papers, letters or other "public record" 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 contract and related to contract performance.
The County shall have the right to unilaterally cancel this contract upon violation of this
provision by the Contractor. Failure of the Contractor to abide by the terms of this provision
shall be deemed a material breach of this contract and the County may enforce the terms of this
provision in the form of a court proceeding and shall, as a prevailing party, be entitled to
reimbursement of all attorney's fees and costs associated with that proceeding. This provision
shall survive any termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records Law in
order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is
required to:
(1) Keep and maintain public records that would be required by the County to perform
the service.
(2) Upon receipt from the County's custodian of records, provide the County with a
copy of the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by
law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the duration of
the contract term and following completion of the contract if the contractor does not transfer the
records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records that would be
required by the County to perform the service. If the Contractor transfers all public records to the
County upon completion of the contract, the Contractor shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure requirements.
If the Contractor keeps and maintains public records upon completion of the contract, the
Contractor shall meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the County, upon request from the County's custodian of
records, in a format that is compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be
made directly to the County, but if the County does not possess the requested records, the County
shall immediately notify the Contractor of the request, and the Contractor must provide the
records to the County or allow the records to be inspected or copied within a reasonable time.
If the Contractor does not comply with the County's request for records, the County shall
enforce the public records contract provisions in accordance with the contract, notwithstanding
the County's option and right to unilaterally cancel this contract upon violation of this provision
by the Contractor. A Contractor who fails to provide the public records to the County or pursuant
to a valid public records request within a reasonable time may be subject to penalties under
section 119. 10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any
public records unless or otherwise provided in this provision or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119 FLORIDA STATUTES TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CON TRACT CONTACT THE CUSTODIAN OF P UBLIC
RECORDS BRIAN BRADLEY AT PHONE# 305- 292 -3470 BRADLEY -
BRIAN MONROECOUNTY- FL.GOV MONROE COUNTY
ATT ORNEY' S OFFICE 1111 12 TH_ Street,-SUITE 408 KEY WEST FL
33040.
8. HOLD HARMLESS AND INSURANCE
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, contractors or other invitees during the
term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct,
errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-
contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it
undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of
action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts
or omissions of the 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 Agreement, this
section will survive the expiration of the term of this Agreement or any earlier termination of this
Agreement.
In the event that the completion of the project (to include the work of others) is delayed
or suspended as a result of the Contractor s failure to purchase or maintain the required
insurance, the Contractor shall indemnify the County from any and all increased expenses
resulting from such delay. Should any claims be asserted against the County by virtue of any
deficiency or ambiguity in the plans and specifications provided by the Contractor, the
Contractor agrees and warrants that the Contractor shall hold the County harmless and shall
indemnify it from all losses occurring thereby and shall further defend any claim or action on the
County's behalf.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the
indemnification provided for the above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within 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:
WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE. Where
applicable, coverage to apply for all employees at a minimum statutory limits as required by
Florida Law.
COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle
liability insurance, including applicable no -fault coverage, with limits of liability of not less than
S1,000 000,00 per occurrence, combined single limit for Bodily Injury Liability and Property
Damage Liability. 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 1,00 .000.00 per occurrence combined single limit for Bodily Injury
Liability and Property Damage Liability.
CERTIFICATES 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.
MONROE COUNTY BOARD OF COUNT COMMISSIONERS MUST BE NAMED AS
ADDITIONAL INSURED ONALL POLICIES EXCEPT WORKER'S COMPENSATION.
9. 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.
10. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement CONTRACTOR is an independent 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.
11. NONDISCRIMINATION
CONTRACTOR agrees 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. CONTRACTOR agrees 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 amended, relating to confidentiality of alcohol and drug abuse patient records; 8)
Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities
Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 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.
12. ASSIGNMENT /SUBCONTRACT
CONTRACTOR shall not assign or subcontract its obligations under this agreement to
others, except in writing and with the prior written approval of the Board of County
Commissioners 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.
13. COMPLIANCE WITH LAW AND LICENSE REQUIIREMMENTS
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.
14. 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.
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.
15. NO PLEDGE OF CREDIT
CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of
payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness.
CONTRACTOR further warrants and represents that it has no obligation or indebtedness that
would impair its ability to fulfill the terms of this contract.
16. NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand
delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt
requested, to the following:
FOR COUNTY
Monroe County
Facilities Maintenance Department
3583 South Roosevelt Boulevard
Key West, FL 33040
And
Monroe County Attorney
Post Office Box 1026
Key West, FL 33041 -1026
FOR CONTRACTOR
Aramark
2351 Blount Road
Pompano Beach, FL 33069
Phone: 954 590 -5160 x105
Fax: 954 369 -9029
l - 'oLi[iiIIei - - . l ei - eiii ((i�ai`iiiii iri`.coiii
Jeremy Fournier, General Manager
17. 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 obligations 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.
18. 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. The parties may, but
are not required to, give the other party an opportunity to cure the default within Seven (7) days
upon written notice of the said default.
B. Either party may terminate this agreement without cause upon sixty (60) days
written notice.
19. 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.
20. MEDIATION
The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of
the terms or a term of this 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.
21. 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.
22. ATTORNEY'S FEES AND COSTS
The County and Contractor agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or interpretation of
this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs
as an award against the non - prevailing party, and shall include attorney's fees and courts costs in
appellate proceedings.
e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall
bind and inure to the benefit of the County and Contractor and their respective legal
representatives, successors, and assigns.
f) 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. Each party agrees that it has had ample opportunity to submit this
Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with
advise of counsel.
g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is,
empowered to apply for, seek, and obtain federal and state funds to further the purpose of this
Agreement; provided that all applications, requests, grant proposals, and funding solicitations
shall be approved by each party prior to submission.
h) 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 the issue or issues are still not resolved to the
satisfaction of the parties, then any party shall have the right to seek such relief or remedy as
may be provided by this Agreement or by Florida law. This Agreement is not subject to
arbitration.
i) 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.
j) 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 amended, relating to confidentiality of alcohol and drug abuse
patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 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.
k) 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.
1) Code of Ethics. County agrees that officers and employees of the County recognize and
will be required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or
acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of
public position, conflicting employment or contractual relationship; and disclosure or use of
certain information.
m) 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.
23. 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 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.
24. 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.
25. 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.
26. 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.
27. 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.
28. 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.
29. 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
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.
30. 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.
31. 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.
32. 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.
33. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same instrument
and any of the parties hereto may execute this Agreement by signing any such counterpart.
34. 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.
35. 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
287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list."
36. 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
37. INCORPORATION OF BID DOCUMENTS
The terms and conditions of the bid documents are incorporated by reference in this contract
agreement.
38. 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
already incurred by the termination date.
IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this
Agreement on the day and date first written above in four (4) counterparts, each of which shall,
without proof or accounting for the other counterparts, be deemed an original contract.
(SEAL)
Attest: AMY HEAVILIN, CLERK
By:
Deputy Clerk
Date:.
Witnesses for CONTRACTOR:
Signature
Date
Signature
Date
STATE OF FLORIDA
COUNTY OF
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLOIDA
ILN
Mayor
Date:
Signs re of person authorized to
legal y bind corporation
Date: i l � i
Print Namd 21 �,_,-
Address:
»_ a °: ; :,
d , '
Telephone Number
On this day of 2t before, me the undersigned notary public, personally
appeared known to me to be the person whose name is subscribed above or
who produced_ as identification, and acknowledged that he /she is the person who
executed the above contract 611h Monroe. County for Uniform Services for the purposes therein contained.
Notary Publcr�- �
P1vtt Name
My commission e J ".?
Es ROORtGUEc
�;§ . MM3S1C # FFqWt Seal
S: j 20.2920
BID CONTRACT DOCUMENTS FOR:
ITB #009 -16
Uniform Contract
October 2015
MAYOR: CRAIG CATES
COMMISSIONERS:
RICHARD PAYNE
JIMMY WEEKLEY
SAM KAUFMAN
BILLY WARDLOW
CLAYTON LOPEZ
MARGARET ROMERO
r'
r'
PREPARED BY:
City Of Key West
Community Services
-
� f
ITB #009 -16
Uniform Contract
October 2015
MAYOR: CRAIG CATES
COMMISSIONERS:
RICHARD PAYNE
JIMMY WEEKLEY
SAM KAUFMAN
BILLY WARDLOW
CLAYTON LOPEZ
MARGARET ROMERO
r'
r'
PREPARED BY:
City Of Key West
Community Services
CITY OF KEY WEST
KEY WEST, FLORIDA
CONTRACT DOCUMENTS
For
Uniform Contract
CONSISTING OF:
BID REQUIREMENTS
CONTRACT FORMS
CONDITIONS OF THE CONTRACT
TECHNICAL SPECIFICATIONS
KEY WEST, FLORIDA
October 2015
Table of Contents
Page No.
PART 1 - BIDDING REQUIREMENTS
INVITATION TO BID ............................................................ ...............................
5
INSTRUCTIONS TO BIDDER .............................................. ...............................
7
BID......................................................................................... ...............................
13
VENDOR INSURANCE .................................... .............................14
ANTI —KICKBACK AFFIDAVIT ...................................... ...............................
21
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES ... ...............................
22
INDEMNIFICATION FORM ............................................... ...............................
25
DOMESTIC PARTNERSHIP AFFIDAVIT ......................... ...............................
26
CONE OF SILENCE AFFIDAVIT ....................................... ...............................
27
BIDDER'S CHECKLIST ....................................................... ...............................
28
PART 2 - CONTRACT
CONTRACT.......................................................................... ............................... 30
PART 3 - CONDITIONS OF THE CONTRACT
GENERAL CONDITIONS ................................................... ............................... 33
PART 4 - SUMMARY OF WORK
SECTION 01010 — SCOPE OF WORK ............................. .............................47
J
PART
BIDDING REQUIREMENTS
:
4�£ aye
INVITATION TO BID
Sealed bids for the TTB 4009 -16 UNIFORM CONTRACT, addressed to the City of Key West, will
be received at the Office of the City Clerk, 3126 Flagler St., Key West Florida, 33040 until 3:00 pm
on December 10 2015 and then will be publicly opened and read. Any bids received after the time
and date specified will not be considered.
Please submit one (1) original, and two (2) flash drives each with one single PDF file of the
sections entitled "Bidding Requirements" and "Contract Forms ". Bid package is to be
enclosed in a sealed envelope, clearly marked on the outside "BID FOR" addressed and
delivered to the City Clerk at the address noted above.
The project contemplated consists of providing all materials, equipment and labor necessary to
accomplish the following:
• SUPPLY UNIFORMS
Drawings and Specifications may be obtained from Demand Star by Onvia and City of Key West.
Please contact Demand Star at www.demandstar.com or call 1- 800 -711 -1712 or
www.cityoflceywest -fl.gov
The successful Bidder will be required to furnish the necessary additional bond(s) for the faithful
performance of the Contract, as prescribed in the Bidding Documents. The Bidder will also be
required to furnish documentation showing that he is in compliance with the licensing requirements
of the State and the provisions of Chapter 66 section 87 of the Code of Ordinances of the City of Key
West. Compliance with these provisions is required before the Contractor can enter into the
agreement contained in the Contract Documents. Specifically, Bidder shall demonstrate that he holds,
as a minimum, the following licenses and certificates required by State Statute and local codes.
EACH BID MUST BE SUBMITTED ON THE PRESCRIBED FORM AND
ACCOMPANIED BY BID SECURITY AS PRESCRIBED IN THE INSTRUCTIONS TO
BIDDERS, PAYABLE TO THE CITY OF KEY WEST, FLORIDA, IN AN AMOUNT NOT
LESS THAN FIVE (5) PERCENT OF THE AMOUNT BID.
THE BIDDER MUST HOLD A CITY OF KEY WEST BUSINESS TAX RECEIPT.
The Bidder shall furnish documentation showing that he is in compliance with the licensing requirements
of the provisions of Chapter 66 Section 87 of the Code of Ordinances of the City of Key West; within 10 m
days the following the Notice of Award and must demonstrate that he holds at a minimum, the following
licenses & certificates;
E
51 P >
A. City of Key West Business Tax License Receipt
All bid bonds, contract bonds, insurance contracts, and certificates of insurance shall be either
executed by or countersigned by a licensed resident agent of the Surety or Insurance Company having
his place of business in the State of Florida, and in all ways complying with the insurance laws of the
State of Florida. Further, the said Surety or Insurance Company shall be d@ licensed and qualified
to do business in the State of Florida.
Before a Contract will be awarded for the work contemplated herein, the City of Key West will
conduct such investigation as is necessary to determine the performance record and ability of the
apparent low Bidder to perform the size and type of work specified under this Contract. Upon request,
the Bidder shall submit such information as deemed necessary by the City of Key West to evaluate
the Bidder's qualifications.
For information concerning the proposed work, or for appointment to visit the site of the proposed
work, contact MARCUS DAVILA, Deputy Director of Community Services, for the City of Key
West at 305 747 0163 or madavila @cityofkeywest- fl.gov.
As stated above at the time of the bid submittal the Bidder must provide satisfactory documentation
of State Licenses. The Bidder shall furnish documentation showing that he is in compliance with
the licensing requirements of County, and City licenses as would be required within ten days of
the award. The successful Bidder must also be able to satisfy the City of Key West Attorney as to
such insurance coverage and legal requirements as may be demanded by the Bid in question. The
City Of Key West may reject bids for any and /or all of the following reasons: (1) for budgetary
reasons, (2) if the bidder misstates or conceals a material fact in its bid, (3) if the bid does not
strictly conform to the law or is non - responsive to the bid requirements, (4) if the bid is conditional,
or (5) if a change of circumstances occurs making the purpose of the bid unnecessary to the City
Of Key West. (6) If such rejection is in the best interest of the City of Key West. The City of Key
West may also waive any minor formalities or irregularities in any bid.
61 P >
INSTRUCTIONS TO BIDDERS
CONTRACT DOCUMENTS
A. FORMAT
The Contract Documents are divided into parts, divisions, and sections for convenient
organization and reference. Generally, there has been no attempt to divide the sections into
work performed by the various building trades, work by separate subcontractors, or work
required for separate facilities in the project.
B. DOCUMENT INTERPRETATION
The separate sections contained within these Contract Documents are intended to be
mutually cooperative and to provide all details reasonably required for the execution of the
proposed work.
Should there be any doubt as to the meaning or intent of said Contract Documents, the
Bidder should request of the City of Key West, in writing (at least 10 working days prior
to bid opening) an interpretation thereof. Any interpretation or change in said Contract
Documents will be made only in writing in the form of Addenda to the documents which
will be furnished to all registered holders of Contract Documents. Bidders shall submit
with their Bids, or indicate receipt of, all Addenda. The CITY will not be responsible for
any other explanation or interpretations of said Documents.
2. GENERAL DESCRIPTION OF THE PROJECT
A general description of the work to be done is contained in the Invitation to Bid. The scope is
specified in applicable parts of these Contract Documents.
3. QUALIFICATION OF CONTRACTORS
The prospective Bidders must meet the statutorily prescribed requirements before award of
Contract by the CITY. Bidders must hold or obtain all licenses and/or certificates as required by
the State and Local Statutes in order to bid and perform the work specified herein.
4. BIDDER'S UNDERSTANDING
Each Bidder must inform himself of the conditions relating to the execution of the work, and it is CD
CD
assumed that he will inspect the site and make himself thoroughly familiar with all the Contract
Documents. Failure to do so will not relieve the successful Bidder of his obligation to enter into a m
Contract and complete the contemplated work in strict accordance with the Contract Documents.
It shall be the Bidder's obligation to verify for himself and to his complete satisfaction all
information concerning site.
Each Bidder shall inform himself of, and the Bidder awarded a Contract shall comply with, federal,
state, and local laws, statutes, and ordinances relative to the execution of the work. This
requirement includes, but is not limited to, applicable regulations concerning minimum wage rates,
71
nondiscrimination in the employment of labor, protection of public and employee safety and
health, environmental protection, the protection of natural resources, fire protection, burning and
non - burning requirements, permits, fees, and similar subjects.
5. TYPE OF BID
A. LUMP SUM
The BID for the work is to be submitted on a lump sum basis. Lump sum prices shall be
submitted for all items of work set forth in the bid. All items required to complete the work
specified but not included in the bid shall be considered incidental to those set forth in the
bid.
6. PREPARATION OF BIDS
A. GENERAL
All blank spaces in the BID form must be filled in, as required, preferably in BLACK ink.
All price information shall be shown in both words and figures where required. No
changes shall be made in the phraseology of the forms. Written amounts shall govern in
case of discrepancy between the amounts stated in writing and the amounts stated in
figures. In case of discrepancy between unit prices and extended totals, unit prices shall
prevail.
Any BID shall be deemed informal which contains omissions, erasures, alterations, or
additions of any kind, or prices uncalled for, or in which any of the prices are obviously
unbalanced, or which in any manner shall fail to conform to the conditions of the published
Invitation to Bid.
Only one BID from any individual, firm, partnership, or corporation, under the same or
different names, will be considered. Should it appear to the CITY that any Bidder is
interested in more than one Bid for work contemplated; all Bids in which such Bidder is
interested will be rejected.
B. SIGNATURE
The Bidder shall sign his BID in the blank space provided therefore. If Bidder is a
corporation, the legal name of the corporation shall be set forth above, together with the
signature of the officer or officers authorized to sign Contracts on behalf of the corporation.
If Bidder is a partnership, the true name of the firm shall be set forth above, together with
the signature of the partner or partners authorized to sign Contracts in behalf of the
partnership. If signature is by an agent, other than an officer of a corporation or a member
of a partnership, a notarized power -of- attorney must be on file with the CITY prior to
opening of Bids or submitted with the Bid, otherwise the Bid will be regarded as not
properly authorized.
81 P >
C. SPECIAL BIDDING REQUIREMENTS
The Bidder's attention is brought to the hiring practices and licenses and permits of the
City of Key West. These are defined in the addition to Article 39, ORDINANCES,
PERMITS, AND LICENSES, as set forth in the Supplementary Conditions.
The Bidder shall submit with his Bid his experience record showing his experience and
related work. Such experience record shall provide at least five current or recent projects
(within the past 5 years) of similar work, within the State Florida and preferably Monroe
County. For each project the following information shall be provided:
1. Description and location of work.
2. Contract amount.
3. Dates work was performed.
4. Owner.
5. Name of Owner's contact person and phone number.
The bidder shall submit with his bid a list of items to be performed by his own labor and
that performed by subcontractors or others.
D. ATTACHMENTS
Bidder shall complete and submit the following forms with his bid:
Anti - Kickback Affidavit
Public Entity Crimes Form
Indemnification Form
City of Key West Business License Tax Receipt
Local Vendors Form
Domestic Partnership Affidavit
Cone of Silence Affidavit
E. PUBLIC ENTITY CRIMES FORM
Pursuant to the requirements of Chapter 287.133, Laws of Florida, pertaining to the sworn
statement on Public Entity Crimes and the Convicted Vendor List, all Bidders shall submit
a signed and notarized statement with their Bid on the form provided herein.
7. STATE AND LOCAL SALES AND USE TAXES
Unless the Supplementary Conditions contains a statement that the CITY is exempt from state
sales tax on materials incorporated into the work due to the qualification of the work under this
Contract, the Contractor, as required by the laws and statutes of the state and its political
subdivisions, shall pay all state and local sales and use taxes. Prices quoted in the Bid shall include
all nonexempt sales and use taxes, unless provision is made in the Bid form to separately itemize
the tax.
91 P >
8. SUBMISSION OF BIDS
All BIDS must be submitted not later than the time prescribed, at the place, and in the manner set
forth in the Invitation to Bid. BIDS must be made on the BID forms provided herewith, submit
one (1) ORIGINAL and two (2) FLASH DRIVES each containing a single PDF file of the
entire bid package.
Each BID must be submitted in a sealed envelope, so marked as to indicate the Bidder's name and
its contents (project name and number) without being opened, and addressed in conformance with
the instructions in the Invitation to Bid.
9. MODIFICATION OR WITHDRAWAL OF BIDS
Prior to the time and date designated for receipt of BIDS, any BID submitted may be withdrawn
by notice to the party receiving BIDS at the place designated for receipt of BIDS. Such notice
shall be in writing over the signature of the Bidder or by telegram. If by telegram, written
confirmation over the signature of the Bidder shall be mailed and postmarked on or before the date
and time set for receipt of BID. No BID may be withdrawn after the time scheduled for opening
of BIDS, unless the time specified in paragraph AWARD OF CONTRACT of these Instructions
to Bidders shall have elapsed.
10. BID SECURITY
BIDS must be accompanied by cash, a certified check, or cashier's check drawn on a bank in good
standing, or a bid bond issued by a Surety authorized to issue such bonds in the state where the
work is located, in the amount of five (5) percent of the total amount of the Bid submitted. This
bid security shall be given as a guarantee that the Bidder will not withdraw his BID for a period of
sixty (60) days after bid opening, and that if awarded the Contract, the successful Bidder will
execute the attached Contract and furnish properly executed Performance and Payment Bonds
(Not required as part of this contract), each in the full amount of the Contract price within the time
specified. Agent and Surety phone numbers must be provided.
The Attorney -in -Fact who executes this bond in behalf of the Surety must attach a notarized copy
of his power -of- attorney as evidence of his authority to bind the Surety on the date of execution of
the bond. Where State Statute requires, certification by a resident agent shall also be provided.
If the Bidder elects to furnish a Bid Bond, he shall use the Bid Bond form bound herewith, or one
conforming substantially thereto in form and content.
11. RETURN OF BID SECURITY
m
Within 15 days after the award of the Contract, the CITY will return the bid securities to all Bidders
who's BIDS are not to be further considered in awarding the Contract. Retained bid securities will 0
be held until the Contract has been finally executed, after which all bid securities, other than
Bidders' bonds and any guarantees, which have been forfeited, will be returned to the respective
Bidders whose Bids they accompanied.
12. AWARD OF CONTRACT
10 1 P >:
Within ninety (90) calendar days after the opening of Bids, the CITY will accept one of the Bids
or will act in accordance with the following paragraphs. The acceptance of the Bid will be by
written notice of award, mailed to the office designated in the Bid, or delivered to the Bidder's
representative. In the event of failure of the lowest responsive, responsible Bidder to sign the
Contract, provide additional documents, insurance certificate(s) and evidence of holding required
licenses and certificates, the Owner may award the Contract to the next lowest responsive,
responsible Bidder. Such award, if made, will be made within one hundred & twenty (120) days
after the opening of Bids.
The CITY reserves the right to accept or reject any or all Bids, and to waive any informalities and
irregularities in said Bids.
13. BASIS OF AWARD
The award will be made by the Owner on the basis of the BID from the lowest, responsive,
responsible BIDDER which, in the Owner's sole and absolute judgment will best serve the interest
of the Owner.
14. EXECUTION OF CONTRACT
The successful Bidder shall, within ten (10) working days after receiving Notice of Award, sign
and deliver to the CITY an original Contract and two (2) copies in the form hereto attached,
together with the insurance certificate examples of the bonds as required in the Contract
Documents and evidence of holding required licenses and certificates. Within 10 working days
after receiving the signed Contract from the successful Bidder, the City's authorized agent will
sign the Contract. Signature by both parties constitutes execution of the Contract.
15. CONTRACT BONDS
A. PERFORMANCE AND PAYMENT BONDS (Not required as part of this contract)
The successful Bidder shall file with the CITY, at the time of delivery of the signed
Contract, a Performance Bond and Payment Bond on the form bound herewith, each in the
full amount of the Contract price in accordance with the requirements of Florida Statutes
Section 255.05 or 713.23, as applicable, as security for the faithful performance of the
Contract and the payment of all persons supplying labor and materials for the construction
of the work, and to cover all guarantees against defective workmanship or materials, or
both, during the warranty period following the date of final acceptance of the work by the
CITY. The Surety furnishing this bond shall have a sound financial standing and a record
of service satisfactory to the CITY, shall be authorized to do business in the State of
Florida, and shall be listed on the current U.S. Department of Treasury Circular
Number 570, or amendments thereto in the Federal Register, of acceptable Sureties for
federal projects. The CONTRACTOR shall supply the OWNER with phone numbers,
addresses, and contacts for the Surety and their agents. Pursuant to Section 255.05(7),
Florida Statutes, in lieu of the bond required by law, the contractor may file with the
city an alternative form of security in the form of cash, a money order, a certified check,
a cashier's check or an irrevocable letter of credit.
B. POWER -OF- ATTORNEY
The Attorney -in -Fact (Resident Agent) who executes this Performance and Payment Bond
in behalf of the Surety must attach a notarized copy of his power -of- attorney as evidence
of his authority to bind the Surety on the date of execution of the bond. All Contracts,
Performance and Payment Bonds (Not required as part of this contract), and respective
powers -of- attorney will have the same date.
16. FAILURE TO EXECUTE CONTRACT AND FURNISH BOND
The Bidder who has a Contract awarded to him and who fails to promptly and properly execute
the Contract or furnish the required Bonds shall forfeit the bid security that accompanied his bid,
and the bid security shall be retained as liquidated damages by the CITY, and it is agreed that this
said sum is a fair estimate of the amount of damages the CITY will sustain in case the Bidder fails
to enter into a Contract or furnish the required Bonds. Bid security deposited in the form of cash,
a certified check, or cashier's check shall be subject to the same requirement as a Bid Bond.
17. TIME OF COMPLETION
The time of completion of the work to be performed under this Contract is the essence of the
Contract. Delays and extensions of time may be allowed in accordance with the provisions stated
in the General Conditions.
When the Contractor receives a Notice to Proceed, he shall commence as soon as possible and
shall complete all work within the number of calendar days stipulated in this Bid.
The term of this contract will be 5 calendar years.
12 11
NOTE TO BIDDER: Use preferably BLACK ink for completing this BID form.
I: 1
To: The City of Key West
Address: 3126 Flagler Street, Key West, Florida 33041
Project Title: UNIFORM CONTRACT ITB 4009 -16
Bidder's contact person for additional information on this BID:
Company Name:
Contact Name & Telephone 4:
Email Address:
BIDDER'S DECLARATION AND UNDERSTANDING
The undersigned, hereinafter called the Bidder, declares that the only persons or parties interested
in this Bid are those named herein, that this Bid is, in all respects, fair and without fraud, that it is
made without collusion with any official of the Owner, and that the Bid is made without any
connection or collusion with any person submitting another Bid on this Contract.
W
The Bidder further declares that he has carefully examined the Contract Documents for the �-
construction of the project, that he has personally inspected the site, that he has satisfied himself
as to the quantities involved, including materials and equipment, and conditions of work involved,
including the fact that the description of the quantities of work and materials, as included herein
is brief and is intended only to indicate the general nature of the work and to identify the said z
quantities with the detailed requirements of the Contract Documents, and that this Bid is made w
according to the provisions and under the terms of the Contract Documents, which Documents are
hereby made a part of this Bid.
0
CONTRACT EXECUTION AND BONDS
to
The Bidder agrees that if this Bid is accepted, he will, within 10 days, not including Sundays and
legal holidays, after Notice of Award, sign the Contract in the form annexed hereto, and will at
that time, deliver to the Owner examples of the Performance Bond (Not required as part of this
contract) and Payment Bond (Not required as part of this contract) required herein, and evidence of m
holding required licenses and certificates, and will, to the extent of his Bid, furnish all machinery, —
tools, apparatus, and other means of construction and do the work and furnish all the materials
necessary to complete all work as specified or indicated in the Contract Documents. E
13 1 P >:
VENDOR Insurance /Indemnity Language
Insurance
VENDOR is to secure, pay for, and file with the City of Key West, prior to commencing any work under the Contract,
all certificates for Workers' Compensation, Public Liability, and Property Damage Liability Insurance and such other
insurance coverages as may be required by specifications and addenda thereto, in at least the following minimum
amounts with specification amounts to prevail if greater than minimum amounts indicated. Notwithstanding any
other provision of the Contract, the VENDOR shall provide the minimum limits of liability insurance coverages as
follows:
Auto Liability $1,000,000
General Liability $2,000,000
$2,000,000
$1,000,000
$1,000,000
$ 300,000
Additional Umbrella Liability $_,000,000
Combined Single Limit
Aggregate (Per Project)
Products Aggregate
Any One Occurrence
Personal Injury
Fire Damage /Legal
Occurrence /Aggregate
VENDOR shall furnish an original Certificate of Insurance indicating, and such policy providing coverage to, City of Key
West named as "Additional Insured" on PRIMARY and NON CONTRIBUTORY basis utilizing an ISO standard
endorsement at least as broad as CG 2010 (11/85) or its Equivalent, (combination OF CG 2010 07 04 and CG 20 37 07
04 providing coverage for completed operations is acceptable) INCLUDING A "Waiver of Subrogation" clause in favor
of City of Key West on all policies. VENDOR will maintain the Professional Liability, General Liability and Umbrella
Liability insurance coverages summarized above with coverage continuing in full force including the "additional
insured" endorsement until at least 3 years beyond completion and delivery of the work contracted herein.
Notwithstanding any other provision of the Contract, the VENDOR shall maintain complete Workers' Compensation
coverage for each and every employee, principal, officer, representative, or agent of the VENDOR who is performing
any labor, services, or material under the Contract. Further, VENDOR shall additionally maintain the following
minimum limits of coverage:
Bodily Injury Each Accident $1,000,000
Bodily Injury by Disease Each Employee $1,000,000
Bodily Injury by Disease Policy Limit $1,000,000
If the work is being done on or near a navigable waterway, VENDOR's Workers' Compensation policy shat l be endorsed
to provide USL &H Act (WC 00 01 06 A) and Jones Act (WC 00 02 01 A) coverage if specified by the City of Key West.
VENDOR shall provide the City of Key West with a Certificate of Insurance verifying compliance with the workman's
compensation coverage as set forth herein and shall provide as often as required by the City of Key West such
certification which shall also show the insurance company, policy number, effective and expiration date, and the limits
of workman's compensation coverage under each policy.
VENDOR's insurance policies shall be endorsed to give 30 days' written notice to the City of Key West in the event of
cancellation or material change, using form CG 02 24, or its equivalent.
Certificates of Insurance submitted to the City of Key West will not be accepted without copies of the endorsements
being requested. This includes additional insured endorsements, cancellation /material change notice endorsements,
and waivers of subrogation. Copies of USL &H Act and Jones Act endorsements will also be required if necessary.
PLEASE ADVISE YOUR INSURANCE AGENT ACCORDINGLY.
14 1 P >:
VENDOR will comply with any and all safety regulations required by any agency or regulatory body including but not
limited to OSHA. VENDOR will notify City of Key West immediately by telephone at (305) 809 -3811 of any accident or
injury to anyone that occurs on the jobsite and is related to any of the work being performed by the VENDOR.
The City of Key West must be given a certificate of insurance showing that the above
requirements have been met. The certificate of insurance must remain current and must include
copies of the requested endorsements (additional insured, cancellation notice, and waiver of
subrogation) in order for the City to issue payments to the contractor or subcontractor.
A DDF,NDA
The Bidder hereby acknowledges that he has received Addenda No's. 1 ,
> > > > > > > > > >
(Bidder shall insert No. of each Addendum received) and agrees that all addenda issued are
hereby made part of the Contract Documents, and the Bidder further agrees that his Bid(s)
includes all impacts resulting from said addenda.
SALES AND USE TAXES
The Bidder agrees that all federal, state, and local sales and use taxes are included in the stated
bid prices for the work.
LUMP SUM ITEMS
The Bidder further proposes to accept as full payment for the work proposed herein the amounts
computed under the provisions of the Contract Documents and based on the following lump sum
amounts. The Bidder agrees that the lump sum represent a true measure of the labor and
materials required to perform the work, including all allowances for overhead and profit for each
type and unit of work called for in these Contract Documents.
15 1 l
t. BID RESPONSE- PROVIDE WEEKLY ' UNIF RM RENTAL COSTFOR EACH I "IAP;M.
Rental Cost per week:
BID RESPONSE - UNIFORM CONTRACT ITB # 009 -16
RENTAL COST
FLEET WHITE SHIRT WITH BLUE STRIPES SHORT SLEAVE
$_
FLEET WHITE SHIRT WITH BLUE STRIPES LONG SLEEVS
$_
FLEET BLUE PANT
$_
TRANSIT WHITE SHIRT WITH BLUE STRIPES LONG SLEEVE SHIRT
$
TRANSIT WHITE SHIRT WITH BLUE STRIPES SHORT SLEEVE SHIRT
$
TRANSIT BLUE LONG PANTS
$_
TRANSIT SHORTS
$
PUBLIC WORKS WHITE SHIRT WITH BLUE STRIPES LONG SLEVE SHIRT $
PUBLIC WORKS BLUE SHORT SLEVE SHIRT
$
PUBLIC WORKS FLORESCENT YELLOW SHIRT LONG SLEEVE
$
PUBLIC WORKS FLORESCENT YELLOW SHIRT SHORT SLEEVE
$
PUBLIC WORKS BLUE PANTS
$
PUBLIC WORKS LONG PANTS
$
FMT INDUSTRIALWHITE WITH BLUE STRIPES SHIRT
$
FMT COTTON 100% SHIRTS
$
FMT INDUSTRIAL PANT
$
FMT BLUE JEANS
$
FOREMAN COLLARED SHIRTS
$
FOREMAN BLUE JEANS
$
2. ADDITIVE ALTERNATE:
Percent of discount for direct catalog item purchase:
(amount written in words)
EACH
EACH
EACH
EACH
EACH
EACH
EACH
EACH
EACH
EACH
EACH
EACH
EACH
_EACH
EACH
EACH
EACH
EACH
EACH
EACH
1611�ago
List items to be performed by CONTRACTOR'S own forces and the estimated total cost of these
items. (Use additional sheets if necessary.)
17 11
SURETY
whose address is
Street City State Zip
C II
The name of the Bidder submitting this Bid is
doing business at
Street City State Zip
which is the address to which all communications concerned with this Bid and with the Contract shall
be sent.
The names of the principal officers of the corporation submitting this Bid, or of the partnership, or of
all persons interested in this Bid as principals are as follows:
18 1 l
If Sole Proprietor or Partnership
IN WITNESS hereto the undersigned has set his (its) hand this day of 2016.
Signature of Bidder
Title
If Corporation
IN WITNESS WHEREOF the undersigned corporation has caused this instrument to be executed and
its seal affixed by its duly authorized officers this day of 2016.
(SEAL)
Name of Corporation
:1
Title
Attest
Secretary
19 1 l
EXPERIENCE OF BIDDER
The Bidder states that he is an experienced CONTRACTOR and has completed similar projects
within the last 5 years.
(List similar projects, with types, names of OWNERs, construction costs, ENGINEERs, and
references with phone numbers. Use additional sheets if necessary.
20 1 P >:
ANTI — KICKBACK AFFIDAVIT
STATE OF )
SS
COUNTY OF
I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be
paid to any employees of the City of Key West as a commission, kickback, reward or gift, directly or
indirectly by me or any member of my firm or by an officer of the corporation.
Sworn and subscribed before me this day of , 2016
NOTARY PUBLIC, State of at Large
My Commission Expires:
211P >:
SWORN STATEMENT UNDER SECTION 287.133(3)(A)
FLORIDA STATUTES ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICER AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted with Bid or Bid for
2. This sworn statement is submitted by
(Name of entity submitting sworn statement)
whose business address is
and (if applicable) its Federal Employer Identification Number (FEIN) is
(If the entity has no FEIN, include the Social Security Number of the individual
signing this sworn statement
3. My name is
(Please print name of individual signing)
and my relationship to the entity named above is
4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida
Statutes means a violation of any state or federal law by a person with respect to and directly
related to the transaction of business with any public entity or with an agency or political
subdivision of any other state or with the United States, including but not limited to, any bid
or contract for goods or services to be provided to any public or an agency or political
subdivision of any other state or of the United States and involving antitrust, fraud, theft,
bribery, collusion, racketeering, conspiracy, material misrepresentation.
5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b) m
Florida Statutes means a finding of guilt or a conviction of a public entity crime, with or
without an adjudication guilt, in any federal or state trial court of record relating to charges
brought by indictment information after July 1, 1989, as a result of a jury verdict, nonjury
trial, or entry of a plea of guilty or polo contendere.
6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes,
means
22 1 P >:
a. A predecessor or successor of a person convicted of a public entity crime; or
b. An entity under the control of any natural person who is active in the management
of the entity and who has been convicted of a public entity crime. The term
"affiliate" includes those officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in the management of an affiliate.
The ownership by one person of shares constituting controlling interest in another
person, or a pooling of equipment or income among persons when not for fair market
value under an arm's length agreement, shall be a prima facie case that one person
controls another person. A person who knowingly enters into a joint venture with a
person who has been convicted of a public entity crime in Florida during the
preceding 36 months shall be considered an affiliate.
7. I understand that a "person" as defined in Paragraph 287.133(1)(8), Florida Statutes, means
any natural person or entity organized under the laws of any state or of the United States
with the legal power to enter into a binding contract and which bids or applies to bid on
contracts for the provision of goods or services let by a public entity, or which otherwise
transacts or applies to transact business with public entity. The term "person" includes those
officers, directors, executives, partners, shareholders, employees, members, and agents who
are active in management of an entity.
8. Based on information and belief, the statement which I have marked below is true in relation
to the entity submitting this sworn statement. (Please indicate which statement applies).
Neither the entity submitting this sworn statement, nor any officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in
management of the entity, nor any affiliate of the entity have been charged with and
convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate
which additional statement applies.)
There has been a proceeding concerning the conviction before a hearing of the
State of Florida, Division of Administrative Hearings. The final order entered by the
hearing officer did not place the person or affiliate on the convicted vendor list.
(Please attach a copy of the final order.)
The person or affiliate was placed on the convicted vendor list. There has been
a subsequent proceeding before a hearing officer of the State of
Florida, Division of Administrative Hearings. The final order entered by the hearing
officer determined that it was in the public interest to remove the person or affiliate m
from the convicted vendor list. (Please attach a copy of the final order.)
C
a)
The person or affiliate has not been put on the convicted vendor list. (Please
describe any action taken by or pending with the Department of General Services.)
23 1 P >:
(Signature)
(Date)
STATE OF
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
(Name of individual signing)
who, after first being sworn by me, affixed his /her
Signature in the space provided above on this day of
My commission expires:
, 2016.
NOTARY PUBLIC
24 1 P >:
CITY OF KEY WEST
INDEMNIFICATION FORM
To the fullest extent permitted by law, the VENDOR expressly agrees to indemnify and hold harmless
the City of Key West, their officers, directors, agents and employees (herein called the " indemnitees')
from any and all liability for damages, including, if allowed by law, reasonable attorney's fees and
court costs, such legal expenses to include costs incurred in establishing the indemnification and other
rights agreed to in this Paragraph, to persons or property, caused in whole or in part by any act,
omission, or default by VENDOR or its subcontractors, material men, or agents of any tier or their
employees, arising out of this agreement or its performance, including any such damages caused in
whole or in part by any act, omission or default of any indemnitee, but specifically excluding any
claims of, or damages against an indemnitee resulting from such indemnitee's gross negligence, or
the willful, wanton or intentional misconduct of such indemnitee or for statutory violation or punitive
damages except and to the extent the statutory violation or punitive damages are caused by or result
from the acts or omissions of the VENDOR or its subcontractors, material men or agents of any tier
or their respective employees.
VENDOR: SEAL:
Address
Signature
Print Name
Title
DATE:
25 1 P >:
EQUAL BENEFITS FOR DOMESTIC PARTNERS AFFIDAVIT
STATE OF
COUNTY OF
SS
I, the undersigned hereby duly sworn, depose and say that the firm of
provides benefits to domestic partners of its employees on the same basis as it provides benefits to
employees' spouses per City of Key West Ordinance Sec. 2 -799.
Sworn and subscribed before me this
Day of , 2016.
NOTARY PUBLIC, State of
My Commission Expires:
at Large
26 1 P >:
CONE OF SILENCE AFFIDAVIT
STATE OF
SS
COUNTY OF
I the undersigned hereby duly sworn depose and say that all owner(s), partners, officers, directors,
employees and agents representing the firm of
have read and
understand the limitations and procedures regarding communications concerning City of Key West
issued competitive solicitations pursuant to City of Key West Ordinance Section 2 -773 Cone of Silence
(attached).
Sworn and subscribed before me this
Day of , 2016.
NOTARY PUBLIC, State of
My Commission Expires:
at Large
27 1 P >:
BIDDER'S CHECKLIST
(Note: The purpose of this checklist is to serve as a reminder of major items to be addressed in submitting
a bid and is not intended to be all inclusive. It does not alleviate the Bidder from the responsibility of
becoming familiar with all aspects of the Contract Documents and proper completion and submission of
his bid.)
1. All Contract Documents thoroughly read and understood. I I
2. All blank spaces in Bid filled in, using black ink. [ ]
3. Total and unit prices added correctly and attached Schedule of Values [ ]
4. Addenda acknowledged. [ ]
5. Experience record included
6. Bid signed by authorized officer. [ ]
7. Bidder familiar with federal, state, and local laws, ordinances, rules and [ ]
regulations affecting performance of the work.
6. Bidder, if successful, able to obtain and /or demonstrate possession of [ ]
required licenses and certificates within (10) ten calendar days after
receiving a Notice of Award.
7. BID submitted intact with the volume entitled "Bidding Requirements" [ ]
and "Contract Forms ", 1 original, and 2 flash drives as stated in the
invitation to bid.
8. Bid Documents submitted in sealed envelope and addressed and labeled [ ]
in conformance with the instructions in the Invitation to Bid.
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28 1 P 3 >:
PART 2
CONTRACT FORMS
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29 1 P 3 >:
C'ONTRAC'T
This Contract, made and entered into this day of 2016,
by and between the City of Key West, hereinafter called the "Owner ", and
hereinafter called the "Contractor";
WITNESSETH:
The Contractor, in consideration of the sum to be paid him by the Owner and of the covenants and
agreements herein contained, hereby agrees at his own proper cost and expense to do all the work and
furnish all the materials, tools, labor, and all appliances, machinery, and appurtenances for
TTB 4009 -16, UNIFORM CONTRACT, Key West, Florida to the extent of the Bid made by the
Contractor, dated the day of 2016, all in full compliance
with the Contract Documents referred to herein.
The CONTRACT DOCUMENTS, including the signed copy of the BID, CONTRACT FORMS,
PERFORMANCE & PAYMENT BONDS (Not required as part of this contract), SUMMARY OF
WORK, SPECIFICATIONS, GENERAL & SUPPLEMENTARY CONDITIONS OF THE
CONTRACT.
In consideration of the performance of the work as set forth in these Contract Documents, the Owner
agrees to pay to the Contractor the amount bid in the Bid as adjusted in accordance with the Contract
Documents, or as otherwise herein provided, and to make such payments in the manner and at the
times provided in the Contract Documents.
The Contractor agrees to complete the work FOR 5 YEARS and to accept as full payment hereunder
the amounts computed as determined by the Contract Documents and based on the said BID.
The Contractor agrees to remedy all defects appearing in the work or developing in the materials
furnished and the workmanship performed under this Contract and further agrees to indemnify and
save the Owner harmless from any costs encountered in remedying such defects.
It is agreed that the Contract, based upon the BID, shall be fully complete within the stated number m
of consecutive calendar days from the date the Notice to Proceed is issued.
This contract will automatically expire upon completion of the project. Contractors warranty "
obligations remain in effect. <
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IN WITNESS WHEREOF, we, the parties hereto, each herewith subscribe the same this
Day of , A.D., 2016.
CITY OF KEY WEST
:1
Title
CONTRACTOR
:1
Title
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PART
CONDITIONS OF THE CONTRACT
:
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Article
DEFINITIONS
1. AS APPROVED
2. AS SHOWN, AND AS INDICATED
3. BIDDER
4. CONTRACT DOCUMENTS
5. CONTRACTOR
6. CONTRACT COMPLETION
7. DAYS
8. DRAWINGS
9. ENGINEER
10. NOTICE
11. OR EQUAL
12. OWNER
13. PLANS
14. SPECIFICATIONS
15. NOTICE TO PROCEED
16. SUBSTANTIAL COMPLETION
17. WORK
CONTRACT DOCUMENTS
18. INTENT OF CONTRACT DOCUMENTS
19. DISCREPANCIES AND OMISSIONS
20. CHANGES IN THE WORK
21. EXAMINATION AND VERIFICATION
OF CONTRACT DOCUMENTS
22. DOCUMENTS TO BE KEPT
ON THE JOBSITE
23. ADDITIONAL CONTRACT
DOCUMENTS
24. OWNERSHIP OF CONTRACT
DOCUMENTS
THE ENGINEER
25. AUTHORITY OF THE ENGINEER
26. DUTIES AND RESPONSIBILITIES
OF THE ENGINEER
27. LIMITATIONS ON ENGINEER'S
RESPONSIBILITIES
28. REJECTED WORK
29. LINES AND GRADES
30. SUBMITTALS
31. DETAIL DRAWINGS AND
INSTRUCTIONS
THE CONTRACTOR AND HIS
EMPLOYEES
32. CONTRACTOR, AN INDEPENDENT
AGENT
32. (a) ASSIGNMENT OF CONTRACT
33. SUBCONTRACTING
34. INSURANCE AND LIABILITY
A. GENERAL
B. CONTRACTOR AND SUB -
CONTRACTORINSURANCE
C. COMPENSATION AND EMPLOYER'S
LIABILITY INSURANCE
D. GENERAL LIABILITY INSURANCE
(INCLUDING AUTOMOBILE)
E. BUILDER'S RISK ALL RISK
INSURANCE
F. NO PERSONAL LIABILITY OF
PUBLIC
OFFICIALS
35. INDEMNITY
36. EXCLUSION OF CONTRACTOR CLAIMS
37. TAXES AND CHARGES
38. REQUIREMENTS OF STATE LAW FOR
PUBLIC WORKS PROJECTS
39. CODES, ORDINANCES, PERMITS,
AND LICENSES
40. SUPERINTENDENCE
41. RECEPTION OF ENGINEER'S
COMMUNICATIONS
42. SAFETY
43. PROTECTION OF WORK AND
PROPERTY
44. RESPONSIBILITY OF CONTRACTOR TO
ACT
IN AN EMERGENCY
45. MATERIALS AND APPLIANCES
46. CONTRACTORS' AND
MANUFACTURERS'
COMPLIANCE WITH STATE SAFETY,
OSHA AND OTHER CODE
REQUIREMENTS
47. SUBSTITUTION OF MATERIALS
48. TESTS, SAMPLES, AND
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OBSERVATIONS
49. ROYALTIES AND PATENT
50. CONTRACTOR'S RIGHT TO
TERMINATE CONTRACT
51. CORRECTION OF DEFECTIVE WORK
DURING WARRANTY PERIOD
PROGRESS OF THE WORK
52. BEGINNING OF THE WORK
Article
60. LIQUIDATED DAMAGES
61. OTHER CONTRACTS
62. USE OF PREMISES
63. SUBSTANTIAL COMPLETION DATE
64. PERFORMANCE TESTING
65. OWNER'S USE OF PORTION OF THE
WORK
66. CUTTING AND PATCHING
67. CLEANING UP
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68. CHANGE ORDERS
A. UNIT PRICE
B. LUMP SUM
C. COST REIMBURSEMENT
WORK
69. PARTIAL PAYMENTS
A. GENERAL
B. ESTIMATE
C. DEDUCTION FROM ESTIMATE
D. QUALIFICATIONS FOR
PARTIAL PAYMENT FOR
MATERIALS DELIVERED
E. PAYMENT
70. CLAIMS FOR EXTRA WORK
71. RELEASE OF LIENS OR CLAIMS
72. FINAL PAYMENT
73. NO WAIVER OF RIGHTS
74. ACCEPTANCE OF FINAL PAYMENT
CONSTITUTES RELEASE
53. SCHEDULES AND PROGRESS REPORTS
54. PROSECUTION OF THE WORK
55. OWNER'S RIGHT TO RETAIN
IMPERFECT WORK
56. OWNER'S RIGHT TO DO WORK
57. OWNER'S RIGHT TO TRANSFER
EMPLOYMENT
58. DELAYS AND EXTENSION OF TIME
59. DIFFERING SITE CONDITION
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DEFINITIONS
Whenever in the Contract Documents the following terms are used, the intent and meaning shall be
interpreted as follows:
1. AS APPROVED
The words "as approved ", unless otherwise qualified, shall be understood to be followed by the words
"by the ENGINEER for conformance with the Contract Document".
2. AS SHOWN, AND AS INDICATED
The words "as shown" and "as Indicated" shall be understood to be followed by the words "on the
Drawings ".
3. BIDDER
The person or persons, partnership, firm, or corporation submitting a Bid for the work contemplated.
4. CONTRACT DOCUMENTS
The "Contract Documents" consist of the Bidding Requirements, Contract Forms, Conditions of the
Contact, Specifications, Drawings, all modifications thereof incorporated into the Documents before
their execution, Change Orders, and all other requirements incorporated by specific reference thereto.
These form the Contract.
5. CONTRACTOR
The person or persons, partnership, firm, or corporation who enters into the Contract awarded him by
the OWNER.
6. CONTRACT COMPLETION
The "Contract Completion" is the date the OWNER accepts the entire work as being in compliance
with the Contract Documents, or formally waives nonconforming work to extent of nonconformity,
and issues the final payment in accordance with the requirements set forth in Article, "Final Payment"
of these General Conditions.
7. DAYS
Unless otherwise specifically stated, the term "days" will be understood to mean calendar days.
Business day or working day means any day other than Saturday, Sunday, or legal holiday.
8. NOTICE
The term "notice" or the requirement to notify, as used in the Contract Documents or applicable state
or federal statutes, shall signify a written communication delivered in person or by registered mail to
the individual, or to a member of the firm, or to an officer of the corporation for whom it is intended.
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Certified or registered mail shall be addressed to the last business address known to him who gives
the notice.
9. OR EQUAL
The term "or equal" shall be understood to indicate that the "equal" Product is equivalent to or better
than the Product named in function, performance, reliability, quality, and general configuration.
Determination of equality in reference to the Project design requirements will be made by the
ENGINEER. Such equal Products shall not be purchased or installed by the CONTRACTOR without
written authorization.
10. OWNER
The person, organization, or public body identified as such in the Contract Documents.
11. SPECIFICATIONS
The term "Specifications" refers to those portions of the Contract Documents consisting of written
technical descriptions of materials, equipment, standards, and workmanship as applied to the work
and certain administrative details applicable thereto. Where standard specifications, such as those of
ASTM, AASHTO, etc., have been referred to, the applicable portions of such standard specifications
shall become a part of these Contract Documents. If referenced specifications conflict with
specifications contained herein, the requirements contained herein shall prevail.
12. NOTICE TO PROCEED
A written notice given by the OWNER to the CONTRACTOR fixing the date on which the Contract
time will commence to run and on which the CONTRACTOR shall start to perform his obligation
under the Contract Documents. The Notice to Proceed will be given within 30 days following the
execution of the Contract by the OWNER.
13. WORK
The word "work" within these Contract Documents shall include all material, labor, and all machinery,
transportation, and appurtenances necessary to perform and complete the Contract, and such
additional items not specifically indicated or described which can be reasonably inferred as belonging
to the item described or indicated and as required by good Practice to Provide a complete and
satisfactory system or structure. As used herein, "Provide" shall be understood to mean "furnish and
install, complete in -place ".
CONTRACT DOCUMENTS
14. INTENT OF CONTRACT DOCUMENTS
The Contract Documents are complementary, and what is called for by one shall be as binding as if
called for by all. The intent of the Documents is to describe a functionally complete Project (or part
thereof) to be constructed in accordance with the Contract Documents. Any work, materials, or
22;
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equipment that may reasonably be inferred from the Contract Documents as being required to produce
the intended result shall be supplied whether or not specifically called for. When words which have
a well -known technical or trade meaning are used to describe work, materials, or equipment, such
words shall be interpreted in accordance with that meaning.
Reference to standard specifications, manuals, or codes of any technical society, organization or
association, or to the laws or regulations of any governmental authority, whether such reference be
specific or by implication, shall mean the latest standard specification, manual, code or laws or
regulations in effect on the first published date of the Invitation to Bid, except as may be otherwise
specifically stated. However, no Provision of any referenced standard specification, manual or code
(whether or not specifically incorporated by reference in the Contract Documents) shall be effective
to change the duties and responsibilities of OWNER, CONTRACTOR, or any of their consultants,
agents, or employees from those set forth in the Contract Documents.
16. DISCREPANCIES AND OMISSIONS
In resolving inconsistencies among two or more sections of the Contract Documents, Precedence shall
be given in the following order:
A. CONTRACT
B. BID
C. SUPPLEMENTARY CONDITIONS
D. INVITATION TO BID
E. INSTRUCTIONS TO BIDDERS
F. GENERAL CONDITIONS
G. SPECIFICATIONS
Addenda shall take Precedence over all sections referenced therein. Figure dimensions on Drawings
shall take precedence over scale dimensions. Detailed Drawings shall take precedence over general
Drawings.
17. CHANGES IN THE WORK
The OWNER, without notice to the Sureties and without invalidating the Contract, may order changes
in the work within the general scope of the Contract by altering, adding to, or deducting from the
work, the Contract being adjusted accordingly. All such work shall be executed under the conditions
of the original Contract, except as specifically adjusted at the time of ordering such change.
If the work is reduced by alterations, such action shall not constitute a claim for damages based on m
loss of anticipated Profits.
18. EXAMINATION AND VERIFICATION OF CONTRACT DOCUMENTS
The CONTRACTOR shall thoroughly examine and become familiar with all of the various parts of
these Contract Documents and determine the nature and location of the work, the general and local
conditions, and all other matters, which can in any way affect the work under this Contract. Failure
to make an examination necessary for this determination shall not release the CONTRACTOR from
the obligations of this Contract. No verbal agreement or conversation with any officer, agent, or
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employee of the OWNER or with the ENGINEER either before or after the execution of this Contract
shall affect or modify any of the terms or obligations herein contained.
21. REJECTED WORK
Any defective work or nonconforming materials that may be discovered at any time prior to expiration
of the warranty period shall be removed and replaced by work which shall conform to the Provisions
of the Contract Documents.
22. CONTRACTOR, AN INDEPENDENT AGENT
The CONTRACTOR shall independently perform all work under this Contract and shall not be
considered as an agent of the OWNER or of the ENGINEER, nor shall the CONTRACTOR's
SUBCONTRACTORS or employees be subagents of the OWNER or of the ENGINEER.
23. (a.) ASSIGNMENT OF CONTRACT
Assignment of any part or the whole of this Contract shall be subject to review and approval of the
City Commission.
24. INSURANCE AND LIABILITY
A. GENERAL
The CONTRACTOR shall provide (from insurance companies acceptable to the OWNER) the
insurance coverage designated hereinafter and pay all costs before commencing work under this
Contract. The CONTRACTOR shall furnish the OWNER with certificates of insurance specified
herein showing the type, amount class of operations covered, effective dates, and date of expiration
of policies, and containing substantially the following statement:
"The insurance covered by this certificate shall not be canceled or materially altered, except after 30
days' written notice has been received by the OWNER."
In case of the breach of any Provision of this Article, the OWNER, at his option, may take out and
maintain, at the expense of the CONTRACTOR, such insurance as the OWNER may deem Proper
and may deduct the cost of such insurance from any monies which may be due or become due the
CONTRACTOR under this Contract.
B. CONTRACTOR AND SUBCONTRACTOR INSURANCE
The CONTRACTOR shall not commence work under this Contract until he has obtained all the
insurance required hereunder and such insurance has been reviewed by the OWNER, nor shall the
CONTRACTOR allow any SUBCONTRACTOR to commence work on his subcontract until
insurance specified below has been obtained. Review of the insurance by the OWNER shall not
relieve or decrease the liability of the CONTRACTOR hereunder.
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C. COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE
The CONTRACTOR shall maintain during the life of this Contract the statutory amount of
Workmen's Compensation Insurance, in addition, Employer's Liability Insurance in an amount as
specified in the Supplementary Conditions, for each occurrence, for all of his employees to be engaged
in work on the Project under this Contract. In case any such work is subcontracted, the
CONTRACTOR shall require the SUBCONTRACTOR to provide similar Workmen's Compensation
and Employer's Liability Insurance for all of the SUBCONTRACTOR's employees to be engaged in
such work.
D. GENERAL LIABILITY INSURANCE (INCLUDING AUTOMOBILE)
The CONTRACTOR shall maintain during the life of this Contract such general liability, completed
operations and Products liability, and automobile liability insurance as will Provide coverage for
claims for damages for personal injury, including accidental death, as well as for claims for Property
damage, which may arise directly or indirectly from performance of the work under this Contract.
The general liability policy shall include contractual liability assumed by the CONTRACTOR under
Article INDEMNITY. Coverage for Property damage shall be on a "broad form" basis with no
exclusions for "X, C & U". The amount of insurance to be provided shall be as specified in the
Supplementary Conditions.
In the event any work under this Contract is performed by a SUBCONTRACTOR, the
CONTRACTOR shall be responsible for any liability directly or indirectly arising out of the work
performed by the SUBCONTRACTOR; to the extent such liability is not covered by the
SUBCONTRACTOR's insurance.
The OWNER and their officers, agents, and employees shall be named as Additional Insured's on the
CONTRACTOR's and any SUBCONTRACTOR's general liability and automobile liability
insurance policies for any claims arising out of work performed under this Contract.
E. NO PERSONAL LIABILITY OF PUBLIC OFFICIALS
In carrying out any of the Provisions hereof in exercising any authority granted by the Contract, there
will be no personal liability upon any public official.
25. INDEMNITY
To the maximum extent permitted by law, the CONTRACTOR shall indemnify and defend the
OWNER and their officers, employees, agents, and sub - consultants, from all claims and losses,
CD
including attorney's fees and litigation costs arising out of Property losses or health, safety, personal
injury, or death claims by the CONTRACTOR, its SUBCONTRACTORS of any tier, and their m
employees, agents, or invitees regardless of the fault, breach of Contract, or negligence of the OWNER
excepting only such claims or losses that have been adjudicated to have been caused solely by the
negligence of the OWNER or the and regardless of whether or not the CONTRACTOR is or can be
named a party in a litigation.
26. TAXES AND CHARGES
The CONTRACTOR shall withhold and pay any and all sales and use taxes and all withholding taxes,
whether State or Federal, and pay all Social Security charges and also all State Unemployment
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Compensation charges, and pay or cause to be withheld, as the case may be, any and all taxes, charges,
or fees or sums whatsoever, which are now or may hereafter be required to be paid or withheld under
any laws.
27. REQUIREMENTS OF STATE LAW FOR PUBLIC WORKS PROJECTS
When the Contract Documents concern public works of the state or any county, municipality, or
political subdivision created by its laws, the applicable statutes shall apply. All parties to this Contract
shall determine the contents of all applicable statutes and comply with their Provisions throughout the
performance of the Contract.
28. CODES, ORDINANCES, PERMITS AND LICENSES
The CONTRACTOR shall keep himself fully informed of all local codes and ordinances, as well as
state and federal laws, which in any manner affect the work herein specified. The CONTRACTOR
shall at all times comply with said codes and ordinances, laws, and regulations, and Protect and
indemnify the OWNER, and their respective employees, and its officers and agents against any claim
or liability arising from or based on the violation of any such laws, ordinances, or regulations. All
permits, licenses and inspection fees necessary for Prosecution and completion of the work shall be
secured and paid for by the CONTRACTOR, unless otherwise specified.
29. SAFETY
The CONTRACTOR shall be solely and completely responsible for conditions of the jobsite,
including safety of all persons (including employees) and Property during performance of the work.
This requirement shall apply continuously and not be limited to normal working hours. Safety
Provisions shall conform to U.S. Department of Labor (OSHA), and all other applicable federal, state,
county, and local laws, ordinances, codes, and regulations. Where any of these are in conflict, the
more stringent requirement shall be followed. The CONTRACTOR's failure to thoroughly
familiarize himself with the aforementioned safety Provisions shall not relieve him from compliance
with the obligations and penalties set forth therein.
The CONTRACTOR shall develop and maintain for the duration of this Contract, a safety Program
that will effectively incorporate and implement all required safety Provisions. The CONTRACTOR
shall appoint an employee who is qualified and authorized to supervise and enforce compliance with
the safety Program. The CONTRACTOR, as a part of his safety Program, shall maintain at his office
or other well-known place at the jobsite, safety equipment applicable to the work as Prescribed by the
aforementioned authorities, all articles necessary for giving first -aid to the injured, and shall establish
the Procedure for the immediate removal to a hospital or a doctor's care of persons (including
employees) who may be injured on the jobsite.
If death or serious injuries or serious damages are caused, the accident shall be reported immediately m
by telephone or messenger to the OWNER —
30. PROTECTION OF WORK AND PROPERTY
The CONTRACTOR shall at all times safely guard and Protect from damage the OWNER's Property,
adjacent Property, and his own work from injury or loss in connection with this Contract. All facilities
required for Protection by federal, state, or municipal laws and regulations and local conditions must
be provided and maintained.
The CONTRACTOR shall Protect his work and materials from damage due to the nature of the work,
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the elements, carelessness of other CONTRACTORs, or from any cause whatever until the completion
and acceptance of the work. All loss or damages arising out of the nature of the work to be done under
these Contract Documents, or from any unforeseen obstruction or defects which may be encountered
in the Prosecution of the work, or from the action of the elements, shall be sustained by the
CONTRACTOR.
31. MATERIALS AND APPLIANCES
Unless otherwise stipulated, the CONTRACTOR shall Provide and pay for all materials, labor, water,
tools, equipment, heat, light, fuel, power, transportation, construction equipment and machinery,
appliances, telephone, sanitary facilities, temporary facilities and other facilities and incidentals
necessary for the execution and completion of the work.
Unless otherwise specified, all materials shall be new, and both workmanship and materials shall be
of good quality. The CONTRACTOR shall, if required, furnish satisfactory evidence as to the kind
and quality of materials.
In selecting and /or approving equipment for installation in the Project, the OWNER and ENGINEER
assume no responsibility for injury or claims resulting from failure of the equipment to comply with
applicable federal, state, and local safety codes or requirements, or the safety requirements of a
recognized agency, or failure due to faulty design concepts, or defective workmanship and materials.
32. CONTRACTORS' AND MANUFACTURERS' COMPLIANCE WITH STATE
SAFETY, OSHA, AND OTHER CODE REQUIREMENTS
The completed work shall include all necessary permanent safety devices, such as machinery guards
and similar ordinary safety items required by the state and federal (OSHA) industrial authorities and
applicable local and national codes. Further, any features of the work subject to such safety regulations
shall be fabricated, furnished, and installed (including OWNER - furnished equipment) in compliance
with these requirements. CONTRACTORs and manufacturers of equipment shall be held responsible
for compliance with the requirements included herein. CONTRACTORs shall notify all equipment
suppliers and SUBCONTRACTORS of the Provisions of this Article.
33. SUBSTITUTION OF MATERIALS
Except for OWNER- selected equipment items, and items where no substitution is clearly specified,
whenever any material, article, device, Product, fixture, form, type of construction, or Process is D
indicated or specified by patent or Proprietary name, by name of manufacturer, or by catalog number,
such specifications shall be deemed to be used for the purpose of establishing a standard of quality
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and facilitating the description of the material or Process desired. This Procedure is not to be construed
as eliminating from competition other Products of equal or better quality by other manufacturers where m
fully suitable in design, and shall be deemed to be followed by the words "or equal ". The
CONTRACTOR may, in such cases, submit complete data to the ENGINEER for consideration of
another material, type, or Process that shall be substantially equal in every respect to that so indicated
or specified. Substitute materials shall not be used unless approved in writing. The ENGINEER will
be the sole judge of the substituted article or material.
34. TESTS, SAMPLES, AND OBSERVATIONS
The CONTRACTOR shall furnish, without extra charge, the necessary test pieces and samples,
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including facilities and labor for obtaining the same, as requested by the OWNER. When required,
the CONTRACTOR shall furnish certificates of tests of materials and equipment made at the point of
manufacture by a recognized testing laboratory.
35. ROYALTIES AND PATENTS
The CONTRACTOR shall pay all royalty and licenses fees, unless otherwise specified. The
CONTRACTOR shall defend all suits or claims for infringement of any patent rights and shall save
the OWNER and the ENGINEER harmless from any and all loss, including reasonable attorneys'
fees, on account thereof.
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A. UNIT PRICES
Those unit Prices stipulated in the Bid shall be utilized where they are applicable. In the event the
Change Order results in a change in the original quantity that is materially and significantly different
from the original bid quantity. Unit Prices for new items included in the Change Order shall be
negotiated and mutually agreed upon.
B. LUMP SUM
A total lump sum for the work negotiated and mutually acceptable to the CONTRACTOR and the
OWNER. Lump sum quotations for modifications to the work shall include substantiating
documentation with an itemized breakdown of CONTRACTOR and SUBCONTRACTOR costs,
including labor, material, rentals, approved services, overhead, and Profit, all calculated as specified
under "C" below.
C. COST REIMBURSEMENT WORK
If the method of payment cannot be agreed upon Prior to the beginning of the work, and the OWNER
directs by written Change Order that the work be done on a cost reimbursement basis, then the
CONTRACTOR shall furnish labor, and furnish and install equipment and materials necessary to
complete the work in a satisfactory manner and within a reasonable period of time. For the work
performed, payment will be made for the documented actual cost of the following:
1. Labor including foremen for those hours they are assigned and participating in the cost
reimbursement work (actual payroll cost, including wages, fringe benefits as established by
negotiated labor agreements, labor insurance, and labor taxes as established by law). No other
fixed labor burdens will be considered, unless approved in writing by the OWNER.
2. Material delivered and used on the designated work, including sales tax, if paid by the
CONTRACTOR or his SUBCONTRACTOR.
3. Rental or equivalent rental cost of equipment, including necessary transportation for items
having a value in excess of $100. Rental or equivalent rental cost will be allowed for only
those days or hours during which the equipment is in actual use. Rental and transportation
allowances shall not exceed the current rental rates prevailing in the locality. The rentals
allowed for equipment will, in all cases, be understood to cover all fuel, supplies, repairs, and
renewals, and no further allowances will be made for those items, unless specific agreement
to that effect is made.
4. Additional bond, as required and approved by the OWNER.
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5. Additional insurance (other than labor insurance) as required and approved by the OWNER.
In addition to items 1 through 5 above, an added fixed fee for general overhead and Profit shall be
negotiated and allowed for the (or approved SUBCONTRACTOR) actually executing the Cost
Reimbursement work.
An additional fixed fee shall be negotiated and allowed the CONTRACTOR for the administrative
handling of portions of the work that are executed by an approved SUBCONTRACTOR. No
additional fixed fee will be allowed for the administrative handling of work executed by a
SUBCONTRACTOR of a SUBCONTRACTOR, unless by written permission from the OWNER.
The added fixed fees shall be considered to be full compensation, covering the cost of general
supervision, overhead, Profit, and any other general expense. The CONTRACTOR's records shall
make clear distinction between the direct costs of work paid for on a cost reimbursement basis and the
costs of other work. The CONTRACTOR shall furnish the ENGINEER report sheets in duplicate of
each day's cost reimbursement work no later than the working day following the performance of said
work. The daily report sheets shall itemize the materials used, and shall cover the direct cost of labor
and the charges for equipment rental, whether furnished by the CONTRACTOR,
SUBCONTRACTOR or other forces. The daily report sheets shall provide names or identifications
and classifications of workers, the hourly rate of pay and hours worked, and also the size, type, and
identification number of equipment and hours operated.
Material charges shall be substantiated by valid copies of vendors' invoices. Such invoices shall be
submitted with the daily report sheets, or, if not available, they shall be submitted with subsequent
daily report sheets. Said daily report sheets shall be signed by the CONTRACTOR or his authorized
agent.
The OWNER reserves the right to furnish such materials and equipment as he deems expedient and
the CONTRACTOR shall have no claim for profit or added fees on the cost of such materials and
equipment. To receive partial payments and final payment for cost reimbursement work, the
CONTRACTOR shall submit to the ENGINEER, detailed and complete documented verification of
the CONTRACTOR's and any of his SUBCONTRACTORS' actual costs involved in the cost
reimbursement work. Such costs shall be submitted within 30 days after said work has been
performed.
E. PAYMENT
45 Day Terms of receipts and invoices
37. NO WAIVER OF RIGHTS
Neither the inspection by the OWNER, through the ENGINEER or any of his employees, nor any
order by the OWNER for payment of money, nor any payment for, or acceptance of, the whole or any
part of the work by the OWNER or ENGINEER, nor any extension of time, nor any possession taken
by the OWNER or its employees, shall operate as a waiver of any Provision of this Contract, or any
power herein reserved to the OWNER, or any right to damages herein Provided, nor shall any waiver
of any breach in this Contract be held to be a waiver of any other or subsequent breach. Acceptance
or final payment shall not be final and conclusive with regards to latent defects, fraud, or such gross
mistakes as may amount to fraud, or as regards the OWNER's rights under the warranty.
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SUPPLEMENTARY CONDITIONS
The General Conditions are hereby revised as follows:
ARTICLE 9 "ENGINEER"
The person or organization identified as such in the Contract Documents. The Term
"ENGINEER" means "OWNER" or his authorized representative.
G. SURETY AND INSURER QUALIFICATIONS
All bonds, insurance contracts, and certificates of insurance shall be either executed by or
countersigned by a licensed resident agent of the Surety or insurance company, having his place
of business in the State of Florida, and in all ways complying with the insurance laws of the
State of Florida. Further, the said Surety or Insurance Company shall be duly licensed and
qualified to do business in the State of Florida. If requested, Contractor shall Provide Proof of
Florida Licensure for all insurance companies. The City of Key West shall be named as
Additional Insured on the insurance certificates.
ARTICLE 35 "INDEMNITY'
Delete Article "INDEMNITY" in its entirety and substitute the following:
INDEMNITY
To the fullest extent permitted by law, the VENDOR expressly agrees to indemnify and hold
of Key West their officers directors agents, and employees herein called the w
harmless the City y g� � �
"indemnitees ") from liabilities, damages, losses and costs, including, but not limited to, reasonable w
attorney's fees and court costs, such legal expenses to include costs incurred in establishing the
indemnification and other rights agreed to in this Paragraph, to persons or property, to the extent
caused by the negligence, recklessness, or intentional wrongful misconduct of the VENDOR, its w
Subcontractors or persons employed or utilized by them in the performance of the Contract. Claims z
by indemnitees for indemnification shall be limited to the amount of VENDORS's insurance or $1 W
million per occurrence, whichever is greater. The parties acknowledge that the amount of the
indemnity required hereunder bears a reasonable commercial relationship to the Contract and it is 0
part of the project specifications or the bid documents, if any. The indemnification obligations under z
the Contract shall not be restricted in any way by any limitation on the amount or type of damages,
compensation, or benefits payable by or for the VENDORS under workers' compensation acts,
disability benefits acts, or other employee benefits acts, and shall extend to and include any actions
brought by or in the name of any employee of the VENDOR or of any third party to whom VENDOR m
may subcontract a part or all of the Work. This indemnification shall continue beyond the date of k=
completion of the work.
0
ARTICLE 39 "CODES, ORDINANCES, PERMITS, AND LICENSES"
Add the following:
C. "LICENSES"
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PART
SUMMARY OF WORK
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SCOPE OF WORK
These specifications establish the minimum requirements for this solicitation for t he
City of Key West. Uniforms are required for approximately 100 city
employees. The general break -out is as follows:
Community Services Department:
Labor (work shirts & pants)- 70 employees
Supervisors (collared shirts &jeans)- 8 employees
Department of Transit:
Labor (work shirts & pants)- 30 employees
Supervisors (collared shirts &jeans)- 3 employees
Bidder is responsible to contact the various departments in order to determine
composition of uniforms.
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A. 1. Provide online account access to include:
2. Individual Using Agency Designee access
3. Whole Account Management access that includes all user accounts
3.0 SERVICE TYPES
A. RENTAL SERVICE
All items listed shall be made available for purchase. Laundering, repair,
maintenance and replacement of the items purchased are at the cost and the
responsibility of the Using Agency or employee.
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All clothing items shall be available in both men's and women's styles
and sizes.
A. WORK AND DRESS TYPE SHIRTS
All polo type shirts shall be available in:
1. Various Colors
2. Sizes shall go to 4-extra large
a. 50% poly/50% cotton
b. 100% cotton
MENNITHIM
All shorts shall be available in:
1. BLUE
2, Men's waist sizes 28-56, various inseam lengths
3 . Women's sizes 4-22, various inseam lengths
a. 65%poly/35% cotton; 7.75oz
b. 100% cotton; 8.5oz
1A � _1
All j eans shall be available in:
1, Prewashed Denim and Indigo Denim
2. 100% cotton; 12oz or 14 oz.
3. Relaxed fit
4. Five j can style pockets
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5. Two-needle felled seam construction
6. Men's waist sizes 28 — 56, various inseam lengths
7. Women's sizes 4 —22, various inseam lengths
F OT ft
ITEMS
1. It shall be the responsibility of the Contractor to measure each employee
to ensure proper fit.
4. Should the repair not be completed within a one (1) week time frame, the
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charge for that item will be deducted from the invoice until said repairs are
accomplished.
J. DEFECTS
1. The items provided by the Contractor during initial start-up shall be new
and free from defects.
2. After initial start-up, any defective item shall be replaced at no additional
cost to the Using Agency with new item.
K. COLORS
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0. LOST ITEMS
4. Deliveries shall be made between the hours of 7:00a.m. and 4:00p. . except W
on
Saturdays, Sundays, holidays or when the Using Agency or location is closed. W
S. Holidays or a change in work hours may cause the pick-up and delivery day to
change temporarily.
6. Each pick-up delivery location shall have a designee who will be at that
location during each physical pick-up and delivery. Z
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7. Drivers shall clear all pick-ups and deliveries with each designee upon pickup
and delivery. Both the designee and the driver must sign allpickup/delivery slips
to confirm their accuracy. 0
8. Items returned each week must equal the number of items picked up Z
9. Shortages must be noted on the delivery sheet at the time of delivery.
10. Uniforms not returned by the Contractor from the preceding week shall be
deducted from the invoice
11. Upon the Using Agency's request, the Contractor may be required to provide a
weekly count on all items.
12. The Using Agency has 48 hours to call in any discrepancies in the Uniform
delivery.
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13. Uniforms for employees shall be clipped together and labeled with the
employee's
Name.
Limited to, the employee's name, identification number, garment
inventories, sizes, soil pickup and clean delivery amounts.
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R. CREDIT FOR UNIFORMS FOR EMPLOYEES ON
1. When an employee is on leave in excess of ten (10)
working days, charges shall be suspended if the Contractor
has been given five working days' notice.
0100990UNH� �114 • ,
Tlie Contractor shall provide two (2) patches and/or logos per shirt (unless
otherwise stated by, The Using Agency). The patch and/or logo shall:
Contractor shall provide the following with the bid response:
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U. TERMINATION
1. This Agreement may be terminated with or without cause by CITY at any time.
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