Item C11BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 10, 2015 Division: _Public Works
Bulk Item: Yes x No _ Department: Facility Maintenance/Corrections
Staff Contact Person/Phone #: Bob Stone
797-1458
AGENDA ITEM WORDING: Approval for Monroe County Board of County Commissioners to
award bid and enter into contract with S.B. Painting and Grounds Maintenance, Inc. for the project
"Paint -Stock Island Jail"
ITEM BACKGROUND: Four bid submissions were received on April 23, 2015 with S.B. Painting
and Grounds Maintenance, Inc. found to be the lowest, conforming, responsible bidder.
PREVIOUS RELEVANT BOCC ACTION: On September 11, 2014 MCBOCC approved the final
budget of which included this project. On January 21, 2015, MCBOCC approved rejection of all bids
and place this project back out to bid.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $208,000.00
BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: $ 208,000.00 SOURCE OF FUNDS: Fund 304
REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH
AMOUNT PER YEAR
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included x Not Required _
DISPOSITION: AGENDA ITEM #
Revised 7/09
M8NR0EC00NTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: S,B, Painting and Contract # PWD 19-0-2015
Grounds Maintenance,
Effective Date: June 10, 2015
Expiration Date-, FinalP�clit
Contract Purpose/Description-
Paint — Stock Island Jail
Contract Manager: Bob Stone
---- ' -- - ----- - --------
- ---- - — ------------ -
-- -- -------- ------
6D77/34g5 fuoili�es-gor]h
(Ext.) (Department/Stop�)
Lgenda Deadline- May 262015
CONTRACT COSTS
Total Dollar Value of Contract- $ 208,000.00 Cia-rent Year Portion: $ 208,000,00
Account C des: 304-24000-560620-C(i
County MatcIr $ __N/A
ADDITIONAL COSTS
Estimated Ongoing Costs: $2,000/yr For-, Maintenance
(Not included in dollar value atiove) (eg. inaintenance, utilitics.,janitorial, salades- etc,)
CONTRACT REVIFW
Changes
Date Out
Division Director
Date In Needed
Yeso No�:]
R-viewer
512-6/2015
Risk Management
Yes
Comments
vminrmmKev/seauz/m/mc,Fu
BUDGET AND FINANCE
PURCHASINGM
TABULATION SHEET
TITLE: PAINT -STOCK ISLAND JAIL
MONROE COUNTY, FLORIDA
RESPONDENT
BID BOND
BID AMOUNT
SHAMROCK RESTORATION SERVICES, INC.
5%
BASE BID
$ 286,377.00
DEDUCT ALT. PRICE
38,097.00
S.B. PAINTING AND GROUNDS MAINT. INC.
CASHIER'S
BASE BID
208,000.00
CHECK
DEDUCT ALT. PRICE
24,000.00
HARRY'S PAINTING & ENTERPRISES INC.
5%
BASE BID
357,613.00
DEDUCT ALT. PRICE
38,191.00
NEW LIFE PAINTING AND HOME IMPROVEMENT, INC.
BUSINESS
BASE BID
$ 198,969.00
CHECK
DEDUCT ALT. PRICE
$ 28,000.00
Bid Committee Present: Emie Coughlin /Purchasing Office, Bob Stone/MC Public Works
Members of the Public Present: John Lucey/New Life Painting
I hereby certify that this is a true and correct copy of said bid opening and that all bidders listed above have
been checked against the
State of Florida Convicted & Suspended Vendor listings. All bids listed above were received by the date and time
specified.
Bid Opened By: Emie Coughlin - Purchasing Manager
MEMORANDUM
DATE: MAY 7, 2015
TO: KEVIN WILSON, ENGINEERING &. PUBLIC WORKS
DIVISION DIRECTOR
RE: PAINT -STOCK ISLAND JAIL
Four bids were received on April 23, 2015 for the "Paint - Stock Island
Jail" project. Their base bid amounts are as follows:
Harry's Painting and Enterprises, Inc. $357,613.00
Shamrock Restoration Services, Inc. $286,377.00
S.B. Painting and Grounds Maintenance, Inc $208
New Life Painting and Home Improvement, Inc. $198,969.00
After review of the submitted bid responses, I find that New Life Painting
and Home Improvement, Inc. to be non -conforming forte following
reasons,
Paragraph 11 of the Instruction to Bidders requires two signed
originals and two complete copies of bid submissions in a sealed
envelope. New Life Painting and Home Improvement, Inc. provided
one original bid submission with no envelope.
Paragraph 12 of the Instruction to Bidders requires that a bid
security in an amount equal to 5% of the bid price either in the
form of a certified check made payable to the County, or in a bond
from a surety company. New Life Painting and Home
Improvement, Inc. provided a business check of which is not
signed or drawn by the issuing it as their bid security.
Of the bids received, I found S.B. Painting and Grounds Maintenance,
Inc. to be the lowest, conforming, responsible bidder. Therefore, I
recommend that S.B. Painting and Grounds Maintenance, Inc. be
awarded the referenced contract. The established •budget for this project
is $230,000.00.
If there are any questions or more information is desired, please do not
hesitate to contact this office.
SECTION TWO
SUBMISSION RESPONSE FORM
PAINT
MONROE COUNTY DETENTION CENTER
BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONE
c/o PURCHASING DEPARTMENT
GATO BUILDING, ROOM 1-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
PIrs F-TaTe Fre rarZl alsf;w ir-] KQ(&1N11Q 9914111A &401 11WD1416 10100 1 lima WS Lai a I I [��Xofpj A&j I IFL011m I no]
and having carefully examined the site where the work is to be performed, having familiarized
himself/herself with material availability, Federal, State and local laws, ordinances, rules and
regulations affecting performance of the Work, does hereby propose to furnish all labor,
mechanics, superintendents, tools, material, equipment, transportation services, and all
incidentals necessary to perform and complete said Work and work incidental hereto, in a
workman -like manner, in conformance with said specifications and other contract documents
including Addenda issued thereto.
=05M701 f-cos-'pelt5itl MAleure-11.7ty =ELTR ffIfy1ruf MI. -faf-ri
the Work is to be performed, together with the local sources of supply and that he/she
understands the condons under which the Work is to be performed. The successful bidder shall
assume the risk of any and all costs and delays arising from the existence of any subsurface or
other latent physical condition, which could be reasonably anticipated by reference to
documentary information provided and made available, and from inspection, and examination of
the site.
I SM a claim q 11:M*110 W I I v Evigg 116- 0 11[$ 001TA 4 1 T--Nz 101 #ffs] Q 9
In the event of a conflict between the base bid in words and the base bid in numbers, the bid in
words will control.
Juvenile Justice Building
--------- $ 00
Stock Island Jail al_
(Total Base Bid — words)
Paint- Stock Island Jail Page 28
jg�r !!III 111!�!i
$dLjl n6o. o d
I acknowledge receipt of Addendum(a) No.(s)
I have included:
• The Submission Response Form
• Lobbying and Conflict of Interest Clause Form
• Public Entity Crime Statement
• Non -Collusion Affidavit
• Drug Free Workplace Form
• Bidder's Insurance and Indemnification Statement
• Insurance Agent's Statement
• Bid Security (5% of Bid Price)
• Local Preference Form
or explained how it will be obtained:
(Check mark items above, as a reminder that they are included.)
Mailing Address: � a:" ��ily�4rlt �V �, Telephone: 3CI,5,3(�Lj -J�cjqj/
33NO Fax. k 9
Date.- I viil I T
Signed: ,,ACdO Vitness."IIIIIIIIIIII
(Seal)
(NaiI IiAY Ptr,, Notary Public State of Florida,
State
M
Raquel Mendez
m y Commission
j y Commission EE137575
Expires 101121201 57
%11 Expires 1011212015
(Title) E
Paint- Stock Island jail Page 29
MONROE COUNTY, FLORIDA
�er/Partner/lndividual)
IN 1111 11
III ITITIMINIT111111
(Signatu re)
Date: L
STATE OF: A-- � (-,) Y-) d C-j—
COUNTY OF KA O)Wy
-min =11--amimmm
q 6 (0 / tr
(date) by I bj F-) 0 00 0 (name of afflant). He/ShejLp�Lrsonally
known to me or has produced
T:
State
Notary =Pubk State of Flonds,
Raquel Maridez
U,
r jEj
y C;ornrnission E E 137 576
NOTARY T50C
My commission expires..
E2
A-
Paint- Stock Island jail Page 30
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction
for public entity crime may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to
public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
CONTRACTOR 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, Florida
Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list."
I have read the above and state that neither�
(Proposer's name) nor any Affiliate has been placed on the convi&d vendor list within the last
36 months.
(Sid; ature)
S .I ature)
Date: L
STATE OF: 4:-Lo ri
COUNTY 017:="
Subscribed and sworn to (or affirmed) before me on the _L(-P_day of 20 by
0-) (name of affiant). He/She is personally known to me or has
M=
My Commission Explres:l(,� 1 (2-J—
F mo, tVA1,1C
Iffliff"M Me
,,IV It"
Notary Public State of Florida
RE)quai Mendez
Ykoilt
My Commiscon EE137576
Expires 10112/2015
Paint- Stock Island jail Page 31
1. VAO-MWIWA(Olty) ofthe city of
according to I on my oath, and under penalty of perjury l depose and say that:
I am cs'
of the firm of VC
making the Bid for the services/work/project described in the Request for
lids for:
FlIff 11T1R1rM1'MM8MHZ=
2. The prices in this bid/Bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting competition,
as to any matter relating to such prices with any other bidder or with any competitor.
3. Unless otherwise required by law, the prices and percentage of return which have
been quoted in this bid/Bid have not been knowingly disclosed by the responder and
will not knowingly be disclosed by the responder prior to bid/Bid opening, directly or
indirectly, to any other bidder/responder or to any competitor.
4. No attempt has been made or will be made by the bidder/responder to induce any
other person, partnership or corporation to submit, or not to submit, a bid/Bid for the
purpose of restricting competition.
5. The statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the truth of the statements contained in this
affidavit in awarding contracts for the project/services/work.
4
(Signaturelof Bidder) (D.te)
"i
STATE OF:
A� ')
COUNTY OF: KA01 L
PERSONALLY APPEARED BEFORE ME, the undersigned authority, j -"UtIL 6
who, after first being sworn by me, (name of individual signing) affixed his/her �gnature in the
space provided above on this day of &:Q Y1, 20
Ile— I
NOTARY PUl§LIC
R0�011 '� NDtFirV Publir, State of F WOO
Rai Mendez
My CcImmwiarl EE 137 516
Expires 1011212015
EE: I
Paint- Stock Island Jail Page 32
I 1111111111efflJ ;1 14 4VITOIN�"
A [N
(Name of Business)
11 111111 1 1 11 ;j 11 ON
2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations,
3. Gives each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement speced in subsection (1).
Nemwlynmf �Lweellv 1�sy _VS) M t7Wk____, P UWE,, 1�
the ter7ms of the statement and will notify the employer of any conviction of, or plea of guilty or
nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance
law of the United States or any state, for a violation occurring in the workplace no later than five
(5) days after such conviction.
Imposes a sanction on, or requires the satisfactory participation in a drug abuse assistance or
-ehabilitation program if such is available in the employee's community, or any employee who is
go convicted.
f,. Make a good faith effort to continue to maintain a drug -free workplace through implementatior.
of this sectio-ii.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
j't
Bidder's Sign ure
Date
My Commission Expires:
RiN21,,�Fl O'c?do. Notary Public State f Florida
e
Raquel Mendez
My Commission EE137576
Expires '10/1212015
Paint- Stock Island jail Page 33
I vm�erst:RAf tNe i;�sura?�ce t��,vill �e ?Aa;%1at-x,?j if awartei! Mie oimtract ant will cs,-Uly I?; fyll witN all ft
requirements.
Bidder Signature
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the responder named below. The followin�a
deductibles apply to the corresponding policy.
POLICY DEDUCTIBLES
worNtw -
Liability policies are Y, Occurrence
Insurance Agency Signature
A
Print Name: CCO-e-n -A
Paint- Stock Island Jail Page 35
CIP ID:
LIABILITYCERTIFICATE OF INSURANCE
06/14/2015
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder ofsuch endorsement(s).
PR t CONTACT
i-
NAME: Steve ♦ i
DeWitt
3424 Duck Ave
PHONEI
Key West, FL 33040
Caren A. Morell ADDRESS:
AFFORDING COVERAGE
SpecialtyI INSURER A: Arch
INSURED S.B. Painting s Grounds INSURER - Florida
Maintenance, Inc.
2314 Patterson Avenue INSURERC:
Key West, FL 33040 fNSURERD;
INSURER F:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER
DOCUMENT WITH RESPECT TO
WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED
HEREIN IS SUBJECT TO ALL
THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
INSR ADDL SUER POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE POLICY NUMBER MMIDDlYI'Yy MMIDOIYYYY I
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE $
1,000,00
A X COMMERCIAL GENERAL LIABILITY X AGL0024027-00 04/03/2015 0410312016
RENTED-
PREMISESAMAGE o a occurrence) $
100,00
CLAIMS -MADE I x I OCCUR
MED EXP (Any one person) $
5,00
•
PERSONAL & ADV INJURY $
1,000,00
GENERAL AGGREGATE I$
2,000,00
GEN'L AGGREGATE LIMIT APPLIES PER: I j`".,
PRODUCTS - COMPtOP AGG $
2,000,00
I POLICY PRO LOC
! $
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
ANY AUTO A Y IS EMENT
IEa accident $
I BODILY INJURY (Per $
�ED i
person)
ALL OWNED SCHEDULED ``a� 1�1J T
AUTOS AUTOS BY /I
•
BODILY INJURY (Peraccident) $
NON -OWNED -
I .AUTOS __11 t rj .�^' ^ T
HIREDAUTOS
C_
NRC]AERIY DAMAGE
(PER ACC $
DATE -- w =
$
UMBRELLA LIAB IOCCUR WAIVER NIA YES_
EACH OCCURRENCE $
I EXCESS LIAB I CLAIMS -MADE.
AGGREGATE $
DED RETENTION $
$
WORKERS COMPENSATION
I
IfQRY IOER
AND EMPLO ERS' LIABI ITY YIN
MIT$ -
ANY PROPRIETORIPARTNER/EXECUTIVE 10642319 04/01/2015 04/01/2016
E L EACH ACCIDENT $
500,00
OFFICER/MEMEER EXCLUDED? ❑ N t A
(Mandatoryin NH)
EL DISEASE - EA EMPLOYEE, $
500,00
If yes, describe under
DESCRIPTION OF OPERATIONS below
EL DISEASE -POLICY LIMIT $
500,00
I
I
DESCRIPTION OF OPERATIONS d LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, it more space is required)
Painting Contractor
The Certificate Holder is listed as an Additional Insured With regards to
the General Liabililty Policy.
CERTIFICATE HOLDER CANCELLATION
Monroe County Board o
County Commissioners
1100 Simonton Street
Key West, FL 33040
AUTHORIZED REPRESENTATIVE
(�&" �' klklu� LI
@ 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD
RM94M
PAINT — STOCK ISLAND JAIL
CONTRACT
MONROE COUNTY
S. B. PAINTING AND GROUNDS MAINTENANCE LJNC.
THIS AGREEMENT, made and entered into this 1 OTH day of June, 2015 by and
between the MONROE COUNTY, a political subdivision of the State of Florida hereinafter
called "County", whose address is 1100 Simonton Street, Key West, Florida 33040 and
S.B. Painting and Grounds Maintenance, Inc., a Florida corporation, hereinafter called
"Contractorwhose address is 2314 Patterson Avenue, Key West, Florida 33040
WDEREAS, the County is in need of exterior coatings at its Monroe County Detention
1.THE CONTRACT
The contract between the County and the Contractor, of which this Agreement is a part,
consists of the contract documents, as specified in paragraph 2.
011. THE CONTRACT DOCUMENTS
The contract documents consist of the Agreement, the Request for Bid, the Specifications,
all Change Orders and any addenda, the Contractor's Bid documents, any other amendments
hereto executed by the parties, together with the required County documents furnished as
part of the Bid or required to be furnished by the BID and all required insurance
documentation. In the event of a discrepancy between the documents, precedence shall be
determined by the order of the documents as just listed. Monroe County does not guarantee
or warrant the fitness of any County provided drawings. Contractor is to confirm all as -built
conditions.
Paint- STOCK ISLAND JAIL Page 1
3. SCOPE OF THE WORK — Paint — MCDC - Monroe County Detention Center, 5501
College Road, Stock Island, Florida 33040.
A. The Contractor shall perform all of the work required, implied or reasonably inferable
• this agreement. The term "work" shall mean whatever is done by ♦ required of the
contractor to perform and complete its • under this agreement, including the following:
construction of the whole or a designated part of the project; furnishing of any required
surety bonds and insurance; and the provision or furnishing of labor, supervision,
engineering services, material, supplies, equipment, fixtures, appliances, facilities, tools,
transportation, storage, power, debris disposal, the payment of any applicable sales and use
taxes; procurement and payment of any required permits from local, state or Federal
authorities having jurisdiction, royalties and product license fees; fuel, heat, light, cooling,
and all other utilities as required by this contract. The work is to not disrupt or jeopardize
Detention Center operations. Contractor is responsible for all required permitting an.f.
coordination with the Local Authority Having Jurisdiction. Contractor is to abide by all
security rules and regulations of which includes tool control and employee background
checks. The work to be performed by the contractor is generally described as follows:
1.1 Summary -
This performance specification provides the minimum requirements for new exterior
coatings. The Work shall include, but not limited to all equipment, materials, labor,
documentation and services necessary to properly prepare existing substrates and
provide the application of paint systems for the exterior of the Juvenile Justice Building
and Stock Island Jail, including all recreational yards, loading dock, sally ports, cooling
tower deck, doors, door frames, steel window frames, previously painted ground floor
columns, previously painted concrete beams, piping, metal ducting and previously
painted uninsulated structure above.
A. Paint exposed • except where these Specifications indicate that the surface
or material is not to be painted or is to remain natural. If an item or a surface is
not specifically mentioned, paint the item or surface the same as similar adjacent
materials or surfaces. If a color • finish is not indicated, Owner will select from
standard colors and finishes available.
I
(a) Painting of all exterior wall surfaces including interior walls and overhead
piping of two secured sally ports, one loading dock area, and six recreational
yards.
(b) Field painting of exposed bare and covered pipes and ducts (including color
Paint- STOCK ISLAND JAIL Page 2
coding), hangers, exposed steel and iron supports, and surfaces of
mechanical and electrical equipment that do not have a factory -applied final
finish.
(c) Painting of all exposed previously painted concrete columns and beams
(d) Patching, sealing and painting of all steel window frames
(e) Paint all steel doors and frames
(f) Repair of all stucco cracks
B. Do not paint prefinished items, concealed surfaces, finished metal surfaces, operating
parts, and labels.
(a) Architectural woodwork.
(b) Overhead rolling doors
(c) Sliding gates
(d) Metal lockers.
(e) Fire sprinkler pendants
(f) Elevator entrance doors and frames.
(g) Elevator equipment.
(h) Finished mechanical and electrical equipment.
(i) Light fixtures.
2. Concealed surfaces include walls or ceilings in the following generally
inaccessible spaces:
(a)
Foundation spaces.
(b)
Furred areas.
(c)
Ceiling plenums.
(d)
Utility tunnels.
(e)
Pipe spaces.
(f)
Duct shafts.
(g)
Elevator shafts.
(a) Anodized aluminum.
(b) Stainless steel.
(c) Chromium plate.
(d) Copper and copper allo
(e) Bronze and brass. I
Paint- STOCK ISLAND JAIL ■ 3
4. Operating parts include moving parts of operating equipment and the following:
(a) Valve and damper operators.
(b) Linkages.
(c) Sensing devices.
(d) Motor and fan shafts.
5. Labels: Do not paint over UL, FMG, or other code -required labels or equipment
name, identification, performance rating, or nomenclature plates.
1.3 REFERENCES
A. American Society for Materials and Testing (ASTM).
1. D16-Terminology for Paint, Related Coatings, Materials, and Applications.
2. D3960-Determining Volatile Organic Compound (VOC) Content of Paints and
Related Coatings.
3. D4262-pH of Chemically Cleaned or Etched Concrete Surfaces.
4. D4263 -Indicating Moisture in Concrete byte Plastic Sheet Method.
B. Factory Mutual Global (FMG).
C. NACE International - The Corrosion Society,
D. GREENGUARD Product Emission Standard for Children & Schools.
E. Green Seal Standard GS-03, Anti -corrosive paints, Second Edition, January 7, 1997.
F. Green Seal Standard GS-11, Paints First Edition, May 20, 1993.
G. National Fire Protection Association (NFPA): NFPA 30-Flammable and
Combustible Liquids Code.
H. Painting and Decorating Contractors Association (PDCA) P4-Responsibility for
Inspection and Acceptance of Surfaces Prior to Painting and Decorating.
I. Society of Protective Coatings (SSPC) SP6-Commercial Abrasion Blast.
J. Standard Practice for The Testing Of Volatile Organic Emissions from Various
Sources Using Small -Scale Environmental Chambers ' including 2004 Addenda.
California Department of Health Services.Steel Structures Painting Council.
K. Underwriter's Laboratory (UL).
Paint- STOCK ISLAND JAIL Page 4
1. Flat: Lusterless or matte finish with a gloss range below 15 when measured at an
85 degree meter.
2. Eggshell: Low -sheen finish with a gloss range between 20 and 35 when
measured at a 60 degree meter.
3. Semi -gloss: Medium -sheen finish with a gloss range between 35 and 70 when
measured at a 60 degree meter.
4. Full gloss: High -sheen finish with a gloss range more than 70 when measured at
a 60 degree meter.
A. Product Data: For each paint system indicated. Include block fillers and primers.
1. Material List: An inclusive list of required coating materials. Indicate eac-H
material and cross-reference specific coating, finish system, and application.
Identify each material by manufacturer's catalog number and general
classification.
2. Manufacturer's Information: Manufacturer's technical information, including
label analysis and instructions for handling, storing, and applying each coating
material.
IMMEME01=
A. Applicator Qualifications: Paint applicator shall be licensed in the State of Florida
and/or in Monroe County and City of Key West.
1. Certifications: Paint applicator shall provide a certification attesting to having
worked on projects similar in scope to this project for a minimum of 5 years.
Paint applicator not providing such documentation or not having the required
experience shall not be considered.
B. Source Limitations: Obtain block fillers and primers for each coating system from
the same manufacturer as the finish coats.
C. Benchmark Samples (Mockups): Provide a full -coat benchmark finish sample for
each type of coating and substrate required. Comply with procedures specified in
PDCA P5. Duplicate finish of approved sample Submittals.
1. Owner will select one surface to represent surfaces and conditions for application
of each type of coating and substrate.
(a) all Surfaces: Provide samples on at least 100 sq. ft.
(b) all Areas and Items: Owner will designate items or areas required.
2. Apply benchmark samples, according to requirements for the completed Work,
after permanent lighting and other environmental services have been activated.
Provide required sheen, color, and texture on each surface.
(a) After finishes are accepted, the Owner will use the surface to evaluate
coating systems of a similar nature.
D. Final approval of colors will be from benchmark samples.
E. Conform to AST M for interpretation of terms used in this Section.
F. Labels: Do not paint over Underwriter's Laboratories (UL), Factory Mutual (FM) or
other code required labels or equipment name, identification, performance rating, or
nomenclature plates.
G. Regulatory Requirements: Conform to applicable code for flame/fuel/smoke rating
requirements for finishes.
H. Single Source Responsibility: Provide primers, paints, stains and other coatings for
exterior and interior items and surfaces by the same manufacturer.
I. The Contractor is responsible for the quality of the work performed by his work
force of any tier on this project as well as the quality of the material, equipment and
supplies furnished by the contractor that is to be incorporated into the work.
J. The Contractor will designate a Quality Control Representative who will be on site at
all times while the work is in progress and will have the authority and responsibility
to accept or reject items of work. The Quality Control Representative will be fluent
in the English language and may be the Project Superintendent.
1.7 DELIVERY, STORAGE, AND HANDLING
A. Deliver materials to Project site in manufacturer's original, unopened packages and
containers bearing manufacturer's name and label and the following information:
1. Product name or title of material.
2. Product description (generic classification or binder type).
3. Manufacturer's stock number and date of manufacture.
4. Contents by volume, for pigment and vehicle constituents.
5. Thinning instructions.
6. Application instructions.
7. Color name and number.
faint- STOCK ISLAND JAIL Page i
B. Store materials not in use in tightly covered containers in a well -ventilated area at a
minimum ambient temperature of 45 degrees F and a maximum temperature of 90
degrees F. Maintain storage containers in a clean condition, free of foreign materials
.?.:td residue.
Container Labeling: Include manufacturer's name, type of paint, brand name, brand
code, coverage, surface preparation, drying time, cleanup, color designation, and,
instructions for mixing.
D. Storage/staging and mixing areas shall be coordinated with and approved by the
Owner
E. Comply with health and fire regulations. Take precautionary measures to prevent fire
hazards and spontaneous combustion.
A. Allow a minimum of 28 days for newly applied stucco and plaster to cure properly.
If painting begins before the 28 day curing period, then a moisture and pH test shall
be made according to ASTM D4262 and ASTM D4263. ASTM D4262 test should
show pH level below 13 before proceeding. ASTM D4263 test should show
moisture content below 80 as read on a Delmhorst Moisture Tester Model BD-8, or
equivalent. Provide a written record of such test and receive written approval from
the A/E, paint manufacturer and the owner.
B. Comply with manufacturer's recommendations as to environmental conditions under
which coatings and coating systems can be applied.
C. Do not do any painting if the relative humidity exceeds 90 percent.
D. Do not apply finish in areas where dust is being generated.
E. Cover or otherwise protect existing equipment and surfaces not being painted or not
to be painted. Coordinate with Owner for access to ground floor parking areas and
special coordination is needed for work in the Farm area.
F. Do not apply paint in rain, fog, or mist; or when relative humidity exceeds 90
percent; or at temperatures less than 5 degrees F above the dew point; or to damp or
wet surfaces.
Painting may continue during inclement weather if surfaces and areas to be
painted are enclosed and heated within temperature limits specified by
manufacturer during application and drying periods.
I
Paint- STOCK ISLAND JAIL Page 7
G. Provide continuous ventilation to maintain surface and ambient temperatures 24
hours before, during and 48 hours after painting.
A. Provide a written guarantee, co -signed jointly by the Contractor and materials
manufacturer, against erosion, peeling, blistering and unreasonable fading on
exterior surfaces, for seven (7) years; agreeing to repair and repaint surfaces affected
by such defects, at no cost to the Owner, including necessary removal or protection
of • work, without limit, within 30 days after notification by the Owner, and to
perform such work based on the provisions of this section, including extension of the
guarantee to cover new work.
A. Provide "Home Store" data (where painter purchased the paints used on the project)
include all paint records and the following Home Store information:
1. Name.
2. Address.
3. Telephone number.
4. Store manager name.
5. List of paints purchased by name and type.
B. Provide a 1 gallon container of each color and surface texture of respective finish
paints used on the project,
C. Label each container with color, texture and locations, in addition to the
manufacturer's label.
A. Subject to compliance with the specified requirements, provide products by one of
the following manufacturers:
1. Benjamin Moore & Co.
2. Coronado Paint Co.
3. Duron, Inc.
4. ICI Paint Stores, Inc.
5. MAB Paints,
6. PPG Architectural Finishes, Inc.
7. (Basis of Design) Sherwin-Williams Company.
Paint- STOCK ISLAND JAIL Page 8
A. Material Compatibility: Provide block fillers, primers, and finish -coat materials that
are compatible with one another and with the substrates indicated under conditions
of service and application, as demonstrated by manufacturer based on testing and
field experience.
B. Material Quality: Provide manufacturer's best -quality paint material of the various
coating types specified that are factory formulated and recommended by
manufacturer for application indicated. Paint -material containers not displaying
manufacturer's product identification will not be acceptable.
1. Proprietary Names: Use of manufacturer's proprietary product names to
designate colors or materials is not intended to imply that products named are
required to be used to the exclusion of equivalent products of other
manufacturers.
Emma=
(1) Non -Flat: 200.
100.
A. Concrete Unit Masonry Block Filler: Factory -formulated high-performance latex
block fillers.
1. Sherwin-Williams; PrepRite Block Filler (B25W25): Applied at a dry film
thickness of not less than 8 mils per it
(a) Meets LEED.
(b) Meets FSPMA MP-33.1 Block Filler, Latex -Base, Interior -Exterior Flat,
White.
A. Exterior Concrete and Masonry Primer -for Existing Construction: Factory —
formulated alkali -resistant Acrylic primer for exterior application
1. Sherwin-Williams; Loxan Conditioner (A24W100): Applied at a spread rate of
200-300 square feet per gallon.
Paint- STOCK ISLAND JAIL Page 9
B. Exterior Wood Primer for Acrylic Enamels: Factory -formulated alkyd or latex wood
primer for exterior application.
1. Sherwin-Williams; A-100 Exterior Oil Stain Blocking Primer (Y24W20):
Applied at a dry film thickness of not less than 2.3 mils per coat.
or
2. Sherwin-Williams; A-100 Exterior Latex Primer (B42W41/B42W43): Applied
at a dry film thickness of not less than 1.4 mils per coat.
C. Exterior Ferrous -Metal Primer: Factory -formulated rust -inhibitive metal primer for
exterior application.
1. Sherwin-Williams; Pro-Cryl Universal Primer (B66-310 Series): Applied at
dry film thickness of not less than 2.0 mils per coat (acrylic -based). I
(a) Meets LEED,
(b) Meets FSPMA MP-26.3 "Recommended Primer" under Sherwin-Williams
DTM Acrylic Gloss Coating (B66 Series).
D. Exterior Zinc -Coated Metal Primer: Factory -formulated galvanized metal primer for
exterior application.
1. Sherwin-Williams; Pro-Cryl Universal Primer (B66-310 Series): Applied at a
dry film thickness of not less than 2.0 mils per coat.
(a) Meets LEED.
(b) Meets FSPMA MP-26.3 "Recommended Primer" under Sherwin-Williams
DTM Acrylic Gloss Coating (B66 Series).
E. Exterior Aluminum Primer under Acrylic Finishes: Factory -formulated acrylic -
based metal primer for exterior application.
1. Sherwin -Willi mis; Pro-Cryl Universal Primer (B66-310 Series): Applied at a
dry film thickn,.ss of not less than 2.0 mils per coat.
(a) Meets LEED.
(b) Meets FSPI\/i k MP-26.3 "Recommended Primer" under Sherwin-Williams
DTM Acrylic Gloss Coating (B66 Series),
A. Exterior Low -Luster Acrylic Paint: Factory -formulated low -sheen (eggshell)
acrylic -latex paint for exterior application.
1. Sherwin-Williams; SuperPaint Exterior Latex Satin (A89 Series): Applied at a
dry film thickness of not less than 1.3 mils per coat.
Paint- STOCK ISLAND JAIL Page 10
B. Exterior Semigloss Acrylic Enamel: Factory -formulated semigloss waterborne
acrylic -latex enamel for exterior application.
1. Sherwin-Williams; DTM Acrylic Coating (B66-200 Series —Semi -Gloss)
Applied at a dry film thickness of not less than 2.5 mils per coat.
Exterior Full -Gloss Acrylic Enamel for Ferrous and Other Metals: Factory -
formulated full -gloss waterborne acrylic -latex enamel for exterior application.
fl. Sherwin-Williams; DTM Acrylic Coating (B66-100 Series -Gloss): Applied at a
dry film thickness of not less than 2.5 mils per coat.
(a) Meets LEED.
(b) Meets FSPMA MP-26.3 Acrylic -Base Gloss Enamel, Metal Surfaces,
Whites and Tints.
1. Compatibility: Provide joint sealants, backings, and other related materials that
are compatible with one another and with joint substrates under conditions of
service and application, as demonstrated by joint -sealant manufacturer, based on
testing and field experience.
(a) Urethane, S, NS, 25, NT: Single -component, nonsag, nontraffic-use, plus
25 percent and minus 25 percent movement capability, urethane joint
sealant; ASTM C 920, Type S, Grade NS, Class 25, Use NT. Basis -of -
Design Product: Subject to compliance with requirements, provide The
Sherwin Williams Company; Stampede-1 or comparable product.
(b) Urethane, S, NS, 50, NT: Single -component, nonsag, nontraffic-use, plus
50 percent and minus 50 percent movement capability, hybrid urethane
joint sealant; ASTM C 920, Type S, Grade NS, Class 50, Use NT. Basis -
of -Design Product: Subject to compliance with requirements, provide The
Sherwin-Williams Company; Stampede-100 or comparable product
A. Examine substrates, areas, and conditions, with applicator present, for compliance
with requirements for paint application. Comply with procedures specified in
PDCA P4.
1. Proceed with paint application only after unsatisfactory conditions have been
corrected and surfaces receiving paint are thoroughly dry.
2. Start of painting will be construed as Applicator's acceptance of surfaces and
conditions within a particular area.
Paint- STOCK ISLAND JAIL Page 11
A. General: Remove hardware and hardware accessories, plates, machined surfaces,
lighting fixtures, and similar items already installed that are not to be painted. If
removal is impractical or impossible because of size or weight of the item, provide
surface -applied protection before surface preparation and painting.
After completing painting operations in each space or area, reinstall items
removed using workers skilled in the trades involved.
B. Cleaning: Before applying paint or other surface treatments, clean substrates of
substances that could impair bond of the various coatings. Remove oil and grease
before cleaning.
1. Schedule cleaning and painting so dust and other contaminants from the
cleaning process will not fall on wet, newly painted surfaces.
C. Surface Preparation: Clean and prepare surfaces to be painted according to
manufacturer's written instructions for each particular substrate condition and as
specified.
1. Provide pull tests on existing painted surfaces where a different coating will be
applied. Verify with the manufacturer that the coatings are compatible.
3. Cementitious Materials: Prepare concrete, concrete unit masonry, cement
plaster, stucco and mineral -fiber -reinforced cement panel surfaces to be painted.
Remove efflorescence, chalk, dust, dirt, grease, oils, and release agents.
Roughen as required to remove glaze. If hardeners or sealers have been used to
improve curing, use mechanical methods of surface preparation.
(b) Determine alkalinity pH and moisture content of surfaces by performinv
appropriate tests. If surfaces are sufficiently alkaline to cause the finish
paint to blister and burn, correct this condition before application. Do nw
paint surfaces if moisture content exceeds that permitted in manufacturer's
written instructions.
(c) All stucco cracks are to be repaired. For the repair of smaller and static
cracks, use a brush -grade acrylic elastomeric patching compound over the
crack and feather out at the edges. At larger static cracks, rake the crack out
to form a V shaped groove and install a knife -grade acrylic elastomeric
patching compound in the groove and feathered at the edges. For dynamic
cracks and other cracks larger than 1/16 wide, the crack location is to be
ground or saw cut to create a joint that is filled with polyurethane sealant.
r
4. Wood: Clean surfaces of dirt, oil, and other foreign substances with scrapers,
mineral spirits, and sandpaper, as required. Sand surfaces exposed to view
smooth and dust #,ff.
t
ka) Scrape and clean small, dry, seasoned knots, and apply a thin coat of white
shellac or other recommended knot sealer before applying primer. After
priming, fill holes and imperfections in finish surfaces with putty or plastic
wood filler. Sand snootV,-Q1re.rArw-d;---
5. Ferrous Metals: Clean ungalvanized ferrous -metal surfaces that have not been
shop coated; remove oil, grease, dirt, loose mill scale, rust and other foreign
substances. Use solvent or mechanical cleaning methods that comply with the
Steel Structures Painting Counsel's recommendations.
(a) Prepare corroded steel surfaces clean as recommended by paint
manufacturer and according to SSPC-SP3 Power Tool Cleaning of which
removes all loose mill scale, loose rustloose paint, and other loose
detrimental foreign matter by if wire brushing, power sanding, power
grinding, power tool chipping, and power tool descaling.
(b) Treat bare and sandblasted or pickled clean metal with a metal treatment
wash coat before priming.
(c) Touch up bare areas and shop -applied prime coats that have been
damaged. Wire -brush, clean with solvents recommended by paint
manufacturer, and touch up with same primer as the shop coat.
(d) Window frames - All steel window frames shall be prepared as noted
above and a rust -converter or anti -corrosion agent shall be applied. Where
needed, provide a water tight patch of depressions, holes and voids with
epoxy compounds of high steel fiber content, plumber's epoxy or auto
body patching compound. Seal the glazing and concrete surrounds with a
high quality elastomeric caulk suitable for metal.
6. Galvanized Surfaces: Clean galvanized surfaces with nonpetroleum-based
solvents so surface is free of oil and surface contaminants. Remove
pretreatment or "passivators" from galvanized sheet metal fabricated from coil
stock by mechanical methods SSPC-SP 7.
D. Joint -Sealant Application: Exterior joints in vertical surfaces and horizontal non -
traffic surfaces shall be sealed.
I
,a) Construction joints in cast -in -place concrete.
(b) Joints between plant -precast architectural concrete units.
(c) Control and expansion joints in unit masonry
Paint- STOCK ISLAND JAIL Page 13
(d) Joints between different materials listed above.
(e) Perimeter joints between materials listed above and frames of doors
windows and louvers.
(f) Control and expansion joints.
E. Material Preparation: Mix and prepare paint materials according to manufacturer's
written •
1. Maintain containers used in mixing and applying paint in a clean condition, free
of foreign materials and residue.
2. Stir material before application to produce a mixture of uniform density. Stir as
required • application. Do not stir surface film into material. If necessary,
remove surface film and strain material before using.
3. Use only thinners approved by paint manufacturer and only within
recommended limits.
R Tinting: Tint each undercoat a lighter shade to simplify identification of each coat
when multiple coats • same material are applied. Tint undercoats to match the
color of the finish coat, but provide sufficient differences in shade of undercoats to
distinguish each separate coat.
A. General: Apply paint according to manufacturer's written instructions. Use
applicators and techniques best suited for substrate and type of material being
applied.
1. Paint colors, surface treatments, and finishes are indicated in the paint schedules
below.
2. Do not paint over dirt, rust, scale, grease, moisture, scuffed surfaces, or
conditions detrimental to formation of a durable paint film.
3. Provide finish coats that are compatible with primers used.
4. The term "exposed surfaces" includes areas visible when permanent or built-in
fixtures, grilles, convector covers, covers for finned -tube radiation, and similar
components are in place. Extend coatings in these areas, as required, to
maintain system integrity and provide desired protection.
5. Paint surfaces behind movable equipment and furniture the same as similar
exposed surfaces. Paint surfaces behind permanently fixed equipment and
furniture with prime coat only.
6. Paint interior surfaces of ducts with a at, nonspecular black paint where visible
through registers or grilles.
7. Paint back sides of access panels and removable or hinged covers to match
exposed surfaces.
8. Finish exterior doors on tops, bottoms, and side edges the same as exterior
faces.
9. Sand lightly between each succeeding enamel or varnish coat.
■ STOCK ISLAND JAIL Page 14
or otherwise prepared for painting as soon as practicable after preparation and
before subsequent surface deterioration.
1. The number of coats and film thickness required are the same regardless of
application method. Do not apply succeeding coats until previous coat has
cured as recommended by manufacturer. If sanding is required to produce a
smooth, even surface according to manufacturer's written instructions, sand
between applications.
2. Omit primer over metal surfaces that have been shop primed and touchup
painted.
3. If undercoats, stains, or other conditions show through final coat of paint, apply
additional coats until paint film is of uniform finish, color, and appearance.
Give special attention to ensure that edges, corners, crevices, welds, and
exposed fasteners receive a dry film thickness equivalent to that of flat surfaces.
4. Allow sufficient time between successive coats to permit proper drying. Do not
recoat surfaces until paint has dried to where it feels firm, and does not deform
or feel sticky under moderate thumb pressure, and until application of another
coat of paint does not cause undercoat to lift or lose adhesion.
C. Application Procedures: Apply paints and coatings by brush, roller, spray with
back rolling, or other applicators according to manufacturer's written instructions.
1. Brushes: Use brushes best suited for type of material applied. Use brush ol
appropriate size for surface or item being painted.
2. Rollers: Use rollers of carpet, velvet -back, or high -pile sheep's wool as
recommended by manufacturer for material and texture required.3. Spray
Equipment: Use airless spray equipment with orifice size as recommended by
manufacturer for material and texture required.
D. Minimum Coating Thickness: Apply paint materials no thinner than manufacturer's
recommended spreading rate to achieve dry film thickness indicated. Provide total
dry film thickness of the entire system as recommended by manufacturer.
E. Mechanical and Electrical Work: Painting of mechanical and electrical work is
limited to items exposed at the Ground Floor.
U. Mechanical items to be painted include, but are not limited to, the following:
1. Uninsulated metal piping.
2. Uninsulated plastic piping.
3. Pipe hangers and supports.
4. Tanks that do not have factory -applied final finishes.
5. Visible portions of internal surfaces of metal ducts, without liner, behind air
inlets and outlets,
6. Duct, equipment, and pipe insulation having "all -service jacket" or other
paintable jacket material.
7. Mechanical equipment that is indicated to have a factory -primed finish for field
painting.
Paint- STOCK ISLAND JAIL Page 15
1. Switchgear.
2. Panelboards.
3. Electrical equipment that is indicated to have a factory -primed finish for field
painting.
H. ♦ Fillers: Apply block fillers to concrete masonry • at a rate to ensure
complete coverage with pores filled.
r. Prime Coats: Before applying finish coats, apply a prime coat, as recommended by
manufacturer, to material that is required to be painted or finished and that has not
R•• • coated • ♦ Recoat primed and sealed surfaces where evidence of
♦ •♦ ♦ unsealed areas in first coat appears, to ensure a finish coat with no
bleed -through or other defects due to insufficient application of sealer or primer.
Pigmented (Opaque) Finishes: Completely cover surfaces as necessary to provide a
smooth, opaque surface of uniform finish, color, appearance, and coverage.
Cloudiness, spotting, holidays, laps, ♦ marks, runs, sags, ropiness, or other
surface imperfections will not be acceptable.
K. • (Clear) Finishes: Use multiple coats to produce a glass -smooth surface
film of even luster. Provide a finish free of laps, runs, cloudiness, color irregularity,
brush marks, orange peel, nail holes, or other surface imperfections.
L. Stipple Enamel Finish: Roll and redistribute paint to an even and fine texture.
Leave no evidence of rolling, such as laps, irregularity in texture, skid marks, or
♦: surface imperfections.
ITTi. Completed Work: Match approved samples for color, texture, and coverage.
Remove, refinish, or repaint work not complying with requirements.
• Owner reserves the right to ♦ the following test procedure at any time and as
often as Owner deems necessary during the period when paint is being applied:
1. Owner may engage a qualified independent testing agency to sample paint
material being used. Samples of material delivered to Project will be taken,
identified, sealed, and certified in the presence of Contractor
2. Testing agency will perform appropriate tests as required by Owner
3. Owner may direct Contractor to stop painting if test results show material being
•• does not comply with specified requirements. Contractor shall remove
noncomplying paint from Project site, pay for testing, and repaint surfaces
previously coated with the noncomplying paint. If necessary, Contractor may
be required to remove noncomplying paint from previously painted surfaces if,
on repainting with specified paint, the 2 coatings are incompatible.
Paint- STOCK ISLAND JAIL Page 16
A. Cleanup: At the end of each workday, remove empty cans, rags, rubbish, and other
discarded it materials from Project site.
1. After completing painting, clean glass and paint -spattered surfaces. Remove
spattered paint and/or overspray by washing and scraping without scratching or
damaging adjacent finished surfaces.
B. Remove all overspray, spilled, splashed or splattered paint from all surfaces. Leave
entire project in a clean condition.
C. Place scrapings, empty cans, consumed brushes, etc. in plastic bags and dispose of
in the proper manner by the Contractor. Place used mineral spirits and other
hazardous liquids in an appropriate container and is the responsibility of the
Contractor to properly dispose of in full compliance of E.P.A. rules and regulations.
D. Do not mar surface finish by cleaning.
E. Leave entire project in a clean condition.
A. Protect surrounding areas, whether being painted or not, against damage from
painting. Correct damage by cleaning, repairing or replacing, and repainting, as
approved by the Owner.
3.7 EXTERIOR PAINT SCHEDULE (provide the following finish systems):
A. Concrete, Stucco, and Brick: Unless specialty finish is noted:
(a) Primer: Exterior concrete and masonry primer.
(b) Finish: 2 coats Exterior low -luster acrylic paint.
(a) Primer: Exterior concrete and masonry primer,
(b) Finish: 2 coats Exterior semi -gloss acrylic enamel
Paint- ST1CK ISLAND JAIL Page 17
[JUMU111tall GUMMS MUR 61010 101MA211 1M Srii.
%Umqws WNIU-11
ffl N WIT M-
(a) Primer: Exterior ferrous -metal primer.
(b) Finish: 2 coats Exterior full -gloss acrylic enamel for ferrous and other
metals.
(a) Primer: Exterior ferrous -metal primer
(b) Finish: 2 coats Exterior semi -gloss acrylic enamel for ferrous and other
metals.
!!I
(a) Primer: Exterior galvanized metal primer.
(b) Finish: 2 coats Exterior full -gloss acrylic enamel for ferrous and other
metals.
M
(a) Primer: Exterior ferrous -metal primer
(b) Finish: 2 coats Exterior semi -gloss acrylic enamel for ferrous and other
metals.
M��
(a) Primer: Exterior aluminum primer under acrylic finishes.
(b) Finish: 2 coats Exterior full -gloss acrylic enamel for ferrous and other
metals.
Paint- STOCK ISLAND JAIL Page 18
2. Semi -gloss Acrylic -Enamel Finish:
(a) Primer: Exterior aluminum primer under acrylic finishes
(b) Finish: 2 coats Exterior semi -gloss acrylic enamel for ferrous and other
metals.
F. Wood;
1. Low -Luster Acrylic Paint:
,a) Primer: Exterior concrete and masonry primer.
(b) Finish: 2 coats Exterior low -luster acrylic paint.
1. Each Contractor and Subcontractor shall conduct work in a safe and practical
manner in conformance with the OSHA Safety and Health Regulations and the
latest edition of the Manual of Accident Prevention, Associated General
Contractors of America.
2. Each Contractor and Subcontractor shall observe all applicable Federal, State,
local and project laws and regulations pertaining to safety and health, pollution
control, water supply, fire protection, sanitation facilities, waste disposal ani
other related items.
3. Good housekeeping shall be observed at all times. Waste, debris and garbage
shall be removed daily or placed in appropriate waste containers. Special
attention shall be provided by the Contractor while working in occupied areas
regarding noise pollution, dust containment and keeping the areas clean and safe
for occupants and visitors.
3.4 GUARANTEE
A. All work performed by the Contractor in completing the subject project shall be
guaranteed by the Contractor against all defects resulting from the use of materials,
equipment and workmanship for a period of seven years from the date of Final
Completion of the project.
B. If, within any guarantee period, repairs or changes are required in connection with the
guarantee work, which in the opinion of the Owner is rendered necessary as a result of
the use of materials, equipment or workmanship which are defective or interior or not in
accordance with the terms of the Contract, the Contractor shall, promptly upon receipt of
notice from the Owner and without expense to the Owner, proceed to
Paint- STOCK ISLAND JAIL Page 19
Place in satisfactory condition in every particular all of such guaranteed work,
correct all defects therein; and
Make good all damages to the structure or site or equipment or contents thereof,
which, in the opinion of the Owner, is the result of the use of materials, equipment or
workmanship which are inferior, defective or not in accordance with the terms of the
Contract; and
Make good any work or materials or the equipment and contents of structures or site
disturbed in fulfilling any such guarantee.
If the Contractor, after receipt of any such written notice, fails within thirty days to
commence at the job site with performance of the work necessary to remedy all defects
in the work described in such notice so as to provide the Owner with the subject projec)
completed in accordance with all requirements of the Contract Documents, or fails to
complete the performance of such remedial work with a reasonable time after
commencing same, the Owner shall be entitled to have such defective work remedied on
the account of the Contractor, in which event, the Contractor shall be fully liable for all
costs and expenses reasonably incurred by the Owner in having such defective worli
remedied.
0 W 1,101"R XMIRTO 9, 1 B1 Ile N 0
A. Prepare and submit to the Owner for approval within ten days of Notice to Proceed,
construction progress schedules for the work, with as needed sub -schedules of related
activities, which are essential to its progress. Incorporate manpower loading related to
each activity identified on the progress schedule.
a. Contactor is to submit format of schedule for approval
b. Submit revised/updated progress schedules .
c. Time line between Notice to Proceed and Project Completion date shall not
exceed 180 calendar days unless approved by the Owner.
d. The Contractor's recovery of damages and sole remedy for any delay
caused by the Owner shall be an extension of time on the Contract.
Indicate complete sequence of construction by activity, with dates for
beginning and completion for each element of construction.
h. With each schedule submission, indicate progress of each activity to date
and the projected completion date of each activity.
Paint- STOCK ISLAND JAIL Page 20
i. Identify activities modified since previous submittal, major changes in
scope and other identifiable changes.
j. Note: It is not incumbent upon the Owner to notify the Contractor when to
begin, to cease or to resume work, nor to give early notice neither of faulty
or defective work, nor in any way to superintend to relieve the Contractor
of responsibility or of any consequence of neglect or carelessness.
A. The Owner shall pay the Contractor in current funds for the Contractor's performance of
the Contract per Paragraph 4.13 of which follows, the Contract sum of Two Hundred
Eight Thousand /100 Dollars ($208,000.00).
B. This paragraph specifies administrative and procedural requirements necessary
prepare and process Applications for Payment. I
611600121111118
a. The Schedule of Values allocated to the various portions of the Work
shall be submitted to the Owner within ten days after the issuance of a
Notice to Proceed.
b. Upon the request of the Owner, revise and/or support the values with
data of which will substantiate their correctness.
MRSIPJIMIROMIMS) • in 41['411
d Type schedule on a G703 Form; Contractor's standard forms and
automated printout will be considered by the Owner upon the
Contractor's request. Identify schedule with:
MENEffe-l", =1-
e. List the installed value of the component parts of the Work in
sufficient detail to serve as a basis for computing values for progress
payment during construction
f. For each major line item list sub -values of major products
operations under the item. I
9. Include a directly proportional amount of the Contractor's overhead
and profit for each item.
Paint- STOCK ISLAND JAIL Page 21
h. The sum of values listed in the schedule shall equal the total Contract
Sum.
2. Application for Payment: Partial progress payments may be issued to the
Contractor with the Owner's approval and with submission of properly executed
invoice and partial release of liens. Ten percent retainage will be withheld on all
progress payments. When the final work is accepted by the owner, the contractor
shall invoice the County for full and final payment.
a. The owner may decline to make payment, may withhold funds, and if
necessary, may demand the return of some or all of the amounts previously
paid to the contractor, to protect the owner from loss because of:
defective work not remedied by the contractor nor, in the opinion of t
owner, likely to be remedied by the contractor;
r I tniiiiiiii1lilli!llllll�illill 11•11111111illilill
3. failure by the contractor to pay subcontractors or others in a prompt and
proper fashion;
4. evidence that the balance of the or cannot be completed in accordance
with the contract for the unpaid balance of the contract price;
5. persistent failure to carry out the work in accordance with the contract;
6. damage to the owner or a third party to whom the owner is, or may be,
liable.
In the event that the owner makes written demand upon the contractor for
amounts previously paid by the owner as contemplated in this
subparagraph, the contractor shall promptly comply with such demand.
b. When all of the work is finally complete and the contractor is ready for
final inspection, it shall notify the owner thereof in writing. Thereupon, t
owner will make final inspection of the work and, if work and
submissions are complete, in full accordance with this contract and th
contract has been fully performed, the owner will promptly issue a fin
certificate for payment certifying that the project is complete and t
contractor is entitled to the remainder of the unpaid contract price, less a
amount withheld pursuant to this contract. Guarantees required by t
contract shall commence on the date of final completion of the work * "u the owner is unable to issue its final certcate for payment and is re• ir
to repeat its final inspection of the work, the contractor shall bear the coll
Paint- STOCK ISLAND JAIL Page 22
of such repeat final inspection(s), which cost may be deducted by the owner
from the contractor's final payment.
c. The contractor shall not be entitled to payment unless and until it submits to
the owner invoices with supporting documentation acceptable to the Clerk
of Court of which may include partial and final releases and waivers of
lien; releases and waivers of lien from all subcontractors of the contractor
and of any and all parties required by the owner. Acceptability to the Clerk
is based on generally accepted accounting principles and such laws, rules
and regulations as may govern the Clerk's disbursal of funds. The County
designates the Clerk of Courts as its agent under the Local Government
Prompt Payment Act, Florida Statues Section 218.735
3. Acceptance of final payment by the contractor shall constitute a waiver of all
claims against the owner by the contractor except for those claims previously
made in writing against the owner by the contractor, pending at the time of final
payment, and identified in writing by the contractor as unsettled at the time of its
request for final payment.
C. Final payment, constituting the entire unpaid balance of the Contract Amount, shall be
made by the Owner to the Contractor when the Contract has been fully performed by
the Contractor.
A. The contractor warrants to the owner that all labor furnished to progress the work under
this contract will be competent to perform the tasks undertaken, that the product of such
labor will yield only first-class results, that materials and equipment furnished will be
of good quality and new unless otherwise permitted by the contract, and that the work
will be of good quality, free from faults and defects and in strict conformance with the
contract and warrant same for a period of seven years commencing at final completion.
This seven-year warranty is inclusive of all labor, transportation, equipment and
material cost with no cost to the owner. MI work not conforming to these requirements
may be considered defective.
A. Changes in the work within the general scope of this contract, consisting of additions,
deletions, revisions, or any combination thereof, may be ordered without invalidating
this agreement, by change order or by field order.
B. Change order shall mean a written order to the contractor executed by the owner,
issued after execution of this agreement, authorizing and directing a change in the
work or an adjustment in the contract price or the contract time or any combination
thereof. The contract price and the contract time may be changed only by change
order.
Paint- STOCK ISLAND JAIL Page 23
C. Any change in the contract price resulting from a change order shall be determined as
follows: (a) by mutual agreement between the owner and the contractor as evidenced
by (1) the change in the contract price being set forth in the change order, (2) such
change in the contract price, together with any conditions or requirements related
thereof, being initialed by both parties and (3) the contractor's execution of the change
order, or (b) if no mutual agreement occurs between the owner and the contractor, then
the change in the contract price, if any, shall then be determined by the owner on the
basis of the reasonable expenditures or savings of those performing, deleting or
revising the work attributable to the change, including, in the case of an increase of
decrease in the contract price, an allowance for direct job site overhead of 5%, and
profit 5% will be utilized.
I. The execution of a change order by the contractor shall constitute conclusive evidence
of the contractor's agreement to the ordered changes in the work, this agreement as
thus amended, the contract price and the contract time. The contractor, by executing
the change order, waives and forever releases any claim against the owner for
additional time or compensation for matters relating to or arising out of or resulting
from the work included within or affected by the executed change order.
A. This Agreement and the provision of the services at the location listed have been fully
considered by the Contractor, who understands the same and agrees to their sufficiency
and suitability. Under no circumstances, conditions, or situations shall this Contract be
more strongly construed against the County than against the Contractor.
B. The passing, approval, and/or acceptance by the County of any of the services
furnished by the Contractor shall not operate as a waiver by the County of strict
compliance with the terms of this Contract, and specifications covering the services.
Failure on the part of the Contractor, immediately after Notice to Correct shall entitle
the County, if it sees fit, to correct the same and recover the reasonable cost of such
replacement and/or repair from the Contractor, who shall in any event be jointly ami
severally liable to the County for all damage, loss, and expense caused to the County
by reason of the Contractor's breach of this Contract and/or his failure to comply
strictly and in all things with this Contract and with the specifications.
8. INDEMNIFICATION ZHOLD HARMLESS
Notwithstanding any minimum insurance requirements prescribed elsewhere in this
agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's
elected and appointed officers and employees harmless from and against (i) any claims,
actions or causes of action, (ii) any litigation, administrative proceedings, appellate
proceedings, or other proceedings relating to any type of injury (including death), loss,
damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be
asserted against, initiated with respect to, or sustained by, any indemnified party by reason of,
or in connection with, (A) any activity of Contractor or any of its employees, agents, sub-
contractors or other invitees during the term of this Contract, (B) the negligence or willful
misconduct of Contractor or any of its employees, agents, sub -contractors or other invitees,
or (C) Contractor's default in respect of any of the obligations that it undertakes under the
terms of this Contract, except to the extent the claims, actions, causes of action, litigation,
proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions
of the COUNTY or any of its employees, agents, contractors or invitees (other than
CONTRACTOR). Insofar as the claims, actions, causes of action, litigation, proceedings,
costs or expenses relate to events or circumstances that occur during the term of this
Contract, this section will survive the expiration of the term of this Contract or any earlier
termination of this Contract.
In the event that the service is delayed or suspended because of the Contractor's failure to
purchase or maintain the required insurance, the Contractor shall indemnify the County from
any and all increased expenses or lost revenue resulting from such delay.
The first ton dollars ($10-00) of remuneration paid to the Contractor is for the
indemnification provided for above. The extent of liability is in no way limited to, reduced,
or lessened by the insurance requirements contained elsewhere within this agreement. The
provisions of this section shall survive the expiration or earlier termination, of this agreement.
At all times and for all purposes under this agreement the Contractor is an independent
contractor and not an
No statement contained in this agreement shall be construed so as to find the Contractor or
any of his/her employees, contractors, servants, or agents to be employees of the Board of
County Commissioners for Monroe County.
The Contractor shall not discriminate against any person on the basis of race, creed, color,
national origin, sex, age, or any other characteristic or aspect which is not job related, in its
recruiting, hiring, promoting, terminating, or any other area affecting employment under this
agreement or with the provision of services or goods under this agreement.
The Contractor shall not assign or subcontract its obligations under this agreement, except in
writing and with the prior written approval of the Board of County Commissioners for
Monroe County, which approval shall be subject to such conditions and provisions as the
Board may deem necessary. This paragraph' shall be incorporated by reference into any
assignment or subcontract and any assignee or subcontractor shall comply with all of the
provisions of this agreement. Unless expressly provided for therein, such approval shall in
no manner or event be deemed to impose any obligation upon the board in addition to the
total agreed -upon price of the services/goods of the Contractor and compensation to County.
Paint- STOCK ISLAND JAIL Page 25
In providing all services/goods pursuant to this agreement, the Contractor shall abide by I
statutes, ordinances, rules and regulation pertaining to, or regulating the provisions • su
services, including those now in effect and hereinafter adopted. Any violation of sa
statutes, ordinances, rules and regulations shall constitute a material breach of this agreeme
and shall entitle the Board to terminate this contract immediately upon delivery of writt
notice of termination to the Contractor. The Contractor shall possess proper licenses
perform work in accordance with these specifications throughout the term of this contract.
13. INSURANCE
Prior to execution of this agreement, and maintained throughout the life of the contract, the
Contractor shall furnish to the County Certificates of Insurance indicating the minimum
coverage limitation as listed below:
A. General Liability — include as a minimum:
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
• Expanded Definition of Property Damage
An Occurrence Form policy is preferred. If coverage is changed to or provided on a
Claims Made Policy, its provisions should include coverage for claims filed on or after
the effective date of this contract. In addition, the period for which claims may be
reported should extend for a minimum of twelve (12) months following the final
acceptance of work by the County.
MV 1#,7rN_VV.T-L_Vf 77E-A8_7,r1_1SI—AW_2TAMEJ1
AS ADDITIONAL INSURED ON ALL POLICIES ISSUED TO SATISFY THE
ABOVE REQUIREMENTS.
B. Vehicle Liability — include as a minimum:
0 Owned, Non -Owned, and Hired Vehicles
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE
NAMED AS ADDITIONAL INSURED ON ALL POLICIES ISSUED TO
SATISFY THE ABOVE REQUIREMENTS.
Paint- STOCK ISLAND JAIL Page 26
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not
less than:
$500,000 Bodily Injury by Accident ,
$500,000 Bodily Injury by Disease, policy limits
$500,000 Bodily Injury by Disease, each employee
Coverage shall be provided by a company or companies authorized to transact business
in the State of Florida and the company or companies must maintain a minimum rating
of A -VI, as assigned by the A.M. Best Company.
If the Contractor has been approved by Florida's Department of Labor, as an authorized
self -insurer, the County shall recognize and honor the Contractor's status. The
Contractor may be required to submit a Letter of Authorization issued by the Department
of Labor and Certificate of Insurance, providing details on the Contractor's Excess
Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be
required. In addition, the Contractor may be required to submit updated financial
statements from the fund upon request from the County.
The Contractor warrants that it is authorized by law to engage in the performance of the
activities encompassed herein, subject to the terms and conditions set forth in these contract
documents. Contractor shall at all times exercise independent judgment and shall assume
responsibility for the services to be provided.
111 lil ill 11 1101, i 'IN 1 19 NOT I DQU I
Any notice required or permitted under this agreement shall be in writing and hand delivereltl
or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to
the following:
11virector, Middle Keys Operations
5501 College Road
Key West, Florida 33040
Paint- STOCK ISLAN1 JAIL Page 27
�p
1100 Simonton Street
Key West, FL 33040
FOR CONTRACTOR OR
Steve Buckaloo
2314 Patterson Avenue
Key West, Florida 33040
FOREMAN
TBD
Notice shall be deemed received when and delivered, delivered by mail, or when deemed
undeliverable by the U.S. Postal Service.
A) In the event that the Contractor shall be found to be negligent in any aspect of the
work, the County shall have the right to terminate this agreement after five days
written notification to the Contractor.
B) This contract may be terminated for convenience by County upon ten
(10) days written notice to contractor delivered by hand or certified mail, return
receipt requested, of intent to terminate and the date on which such
termination becomes effective. Contractor shall cease work as directed. In such
case, Contractor shall be paid for all work executed and termination expenses,
and expenses incurred prior to termination. No payment shall be made for profit
for work, which has not been performed.
CRY
Loin ram so rwlautr6mill gBION•III 16116211ratil
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of the agreement, the County and Contractor agree that venue
shall lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida. This Agreement shall not be subject to arbitration.
Medon 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.
Contractor shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accountinE
Paint- STOCK ISLAND JAIL Page 28
principles consistently applied. Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other party
to this Agreement for public records purposes during the term of the Agreement and for four
years following the termination of this Agreement. If an auditor employed by the County or
Clerk determines that monies paid to Contractor or not paid to County pursuant to this
4-f d-ris Agreerneiit-ir
by Contractor, the Contractor shall repay the monies together with interest calculated
pursuant.to Sec. 55.03, FS, running from the date the monies were to have been paid.
I. SEVERABILITY
it any term, covenant, conaltion or provision of=ls Agreemeourrme ay on t
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
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.
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, court
costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing
party, and shall include attorney's fees, court costs, investigative, and out-of-pocket
expenses in appellate proceedings.
a l 4M-3 DI" I
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.
44100�0 �10 �
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 ot
individual action, as required by law.
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
faint- STICK ISLANS: JAIL Page 2
applications, requests, grant Bids, and funding solicitations shall be approved by each party
prior to submission.
County and Contractor agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of each of the parties. If no
resolution can be agreed upon within 30 days after the first meet and confer session, the
issue or issues shall be discussed at public meeting of the Board of County Commissioners.
If the issue or issues are still not resolved to the satisfaction of the parties, then any party
shall have the right to seek such relief or remedy as may be provided by this Agreement or
by Florida law. This provision does not negate or waive the provisions of Paragraph 16
concerning cancellation.
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, meetin( 4s, and other activities related to the substance of t it.,w�hWuwtiati
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.
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 NoteO, as maybe amended from time to time,
relating to nondiscrimination on the basis of disability; 10) An�r other nondiscrimination
Paint- STOCK ISLAND JAIL Page 30
provisions in any federal or state statutes which may apply to the parties to, or the subject
matter of, this Agreement. Monroe County Code C. 13, Art. VI, prohibiting discrimination
on the basis of race, color, sex, religion, disability, national origin, ancestry, sexual
orientation, gender identity or expression, familial status or age. 11) Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the parties
to, or the subject matter of, this Agreement.
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 tinder this
Agreement, and that only interest of each is to perform and receive benefits as recited in this
Agreement.
County agrees that officers and employees of the County recognize and will be required to
comply with the standards of conduct for public officers and employees as delineated in
Section 112.313, Florida Statues, regarding, but not limited to, solicitation or acceptance of
gifts; doing business with one's agency; unauthorized compensation; misuse of public
position, conflicting employment or contractual relationship; and disclosure or use of certain
information.
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 Agreemem. For the breach or violation of the
provision, the Contractor agrees that the County shall have the right to terminate this
Agreement without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
30. PUBLIC ACCESS
The County and Contractor shall allow and permit reasonable access to, and inspection of,
all documents, papers, letters or other materials in its possession or under its control subject
tote provisions of Chapter 119, Florida Statues, and made or received by the County and
Contractor in conjunction with this Agreement; and the County shall have the right to
unilaterally cancel this Agreement upon violation of this provision by Contractor.
31. NON -WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statues, the participation ofthe
County and the Contractor in this Agreement and the acquisition of any commercial liability
insurance coverage, self-insurance coverage, or local government liability insurance pool
coverage shall not be deemed a waiver of immunity to the extent of liabilitcoverage, nor
Paint- STOCK ISLAND JAIL Pap 31
shall any contract entered into by the County be required to contain any provision for
waiver.
All of the privileges and immunities from liability, exemptions from laws, ordinances, and
rules and pensions and relief, disability, workers' compensation, and other benefits which
apply to the activity of officers agents or employees of any of any public agents or
employees of the County, when performing their respective functions under this Agreement
within the territorial limits of the County shall apply to the same degree and extent to the
performance of such functions and duties of such officers agents, volunteers, or employees
outside the territorial limits of the County.
33. LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to,
nor shall it be construed as, relieving any participating entity from any obligation or
responsibility imposed it 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.
No person or entity shall be entitled to rely upon the terms, or any of them, of the
Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit
of any service or program contemplated hereunder, and the County and the Contractor agree
that neither the County nor the Contractor or any agent, officer, or employee of either shall
have the authority to inform, counsel, or otherwise indicate that any particular individual or
group of individuals, entity or entities, have entitlements or benefits under this Agreement
separate and apart, inferior to, or superior to the community in general or for the purposes
contemplated in this Agreement.
A Public Construction Bond must be provided to Monroe County within fifteen (15) days
after award of contract, in the form provided as Attachment A of the bid documents, as a
�!uarantee for the faithful performance of the Contract � antee� ,�inclu lingLy-uarm -ami-Otiniummm
provisions) and the payment of all obligations arising thereunder. The public Construction
Bond shall be in an amount at least equal to the contract price, This contract is subject to the
provisions of Section 255.05, Florida Statutes, which are incorporated herein. If the
properly executed Public Construction Bond is not received by the County within the fifteen
(15) day period, the contract may be awarded to the next selected Bidder/Proposer.
Paint- STOCK ISLAND JAIL Page 32
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.
I # & a I FR 11
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.
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 any of the parties hereto may execute this Agreement by signing any such
counterpart.
Paint- STOCK ISLAND JAIL Page 33
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.
Monroe County's performance and obligation to pay under this contract is contingent upon
an annual appropriation by the Monroe County Board of County Commissioners.
Ift WITNESS WIIEREOF, the parties hereto have executed this Agreement on the day and date
Grst written above in four (4) counterparts, each of which shall, without proof or accounting for the
other counterparts, be deemed an original contract.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: AMY HEAVILIN, CLERK OF MONROE COUNTY, FLORIDA
L-2
0
Date:
(SEAL) CONTRACTqjR—
Att
By: By:
WITNESS
Title: Title:
.0
UM
Paint- STOCK ISLAND JAIL Page34
D� Vl—
\-m-
Date: rA \'A 16,
e" 0?8, Notary PrAbhc Slats 01 Fj0rjfj,,
Raquel Mendez
Expires 10)1212 , _015