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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
Mayor Pro Tem Sylvia J. Murphy, District 5
IleOI1da Keys
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Danny L. Kolhage, District 1
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George Neugenf District 2
Heather Carruthers, District 3
County Commission Meeting
October 17, 2018
Agenda Item Number: D.3
Agenda Item Summary #4809
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Steven Sanders (305) 295 -4338
N/A
AGENDA ITEM WORDING: Approval to award bid and contract to the lowest responsible
responder, Florida Fence Corp., in the amount of $579,000.00, for the repairs to the damaged fences
from Hurricane IRMA at three (3) Big Pine Parks (Blue Heron Park, Watson Field Park, and the Big
Pine Park).
ITEM BACKGROUND: Hurricane Irma caused significant damage to all of the three (3) Big Pine
Key parks' perimeter fencing, sport fields fencing, etc. The parks include Big Pine Community
Park, Watson Field, and Blue Heron Park. The fencing must be replaced and not repaired.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval as stated above.
DOCUMENTATION:
Florida Fence signed
Bid Tabulation
Fl. Fence Proposal
FINANCIAL IMPACT:
Effective Date: 10/17/18
Expiration Date: Substantial completion within 120 days after date of commencement or
issuance of Notice to Proceed and final completion within 30 days thereafter.
Total Dollar Value of Contract: $579,000.00
Total Cost to County: N/A
Current Year Portion: $579,000.00
Budgeted: No
Source of Funds: 125 0459110
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No If yes, amount:
Grant: Hurricane Irma
County Match: Possible 12.5%
Insurance Required: No
Additional Details: Approval of Contract Amount $579,000.00
Yes
10/17/18 125 - 0459110 -HURRICANE IRMA
IRMONRO 1
$579,000.00
REVIEWED BY:
Ann Mytnik
Completed
10/02/2018 10:51 AM
Cary Knight
Completed
10/02/2018 12:01 PM
Patricia Eables
Completed
10/02/2018 12:43 PM
Budget and Finance
Completed
10/02/2018 3:48 PM
Maria Slavik
Completed
10/02/2018 4:31 PM
Kathy Peters
Completed
10/03/2018 11:14 AM
Board of County Commissioners
Pending
10/17/2018 9:00 AM
BUDGET AND FINANCE
PURCHASING DEPARTMENT
TABULATION SHEET
OPEN DATE: September 20, 2018 AT 3:00 PM
TITLE: FENCE REPAIRS AT BIG PINE PARKS
MONROE COUNTY, FLORIDA
RESPONDENT
ABC Construction, Inc.
Florida Fence Corporation
BID BOND I BID AMOUNT
50/0 6 $680,000.00
5% 1 $579,000.00
Bid Committee Present None
Members of the Public Present None
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: OMB
Fence Repairs at Big Pine Parks
Agreement
Between Owner and Contractor
Where the basis of payment is a STIPULATED SUM
AGREEMENT
Made as of the 17 day of October, 2018
BETWEEN the Owner: Monroe County Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
And the Contractor: Florida Fence Corp.
161 Georgia Ave.
Tavernier, Florida 33070
For the following Project: Fence Repairs at Big Pine Parks
Scope of the Work
The Scope of Work shall include, but not be limited to, all work shown and listed in the Project
Drawings and Specifications. The Contractor is required to provide a complete job as
contemplated by the drawings and specifications, which are a part of this bid package. The
Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies,
permits and any other means of construction necessary or proper for performing and completing
the Scope of Work, unless otherwise specifically stated.
The Scope of Work shall include, but not be limited to the demolition of existing fence,
top rails, bottom rails, and support posts. Purchase and installation of new 9 -gauge chain
link fence to replace all existing fences. Size, gauge, and coating to also be verified by
Contractor.
Big Pine Community Park: 31009 Atlantis Drive, Big Pine Key, Florida 33042
4 ft. coated chain link fence - 915 feet
6 ft. coated chain link fence - 1765 feet
8 ft. coated chain link fence- 420 feet
10 ft. coated chain link fence- 910 feet
12 ft. coated chain link fence- 525 feet
7 — 3 ft. wide walk through gates
2 — 18 ft. wide maintenance gates
AGREEMENT Page 1 of 51
Fence Repairs at Big Pine Parks
1 — 30 ft. wide park entrance gate
Blue Heron Park: 30451 Lytton's Way, Big Pine Key, Florida 33042
4 ft. non- coated chain link fence- 580 feet
12 ft. non- coated chain link fence- 580 feet
1 — 16 ft. wide park entrance gate
1 — 8 ft. wide entrance gate
Watson Field Park: 30150 South Street, Big Pine Key, Florida 33042
4 ft. non- coated chain link fence- 1200 feet
6 ft. non- coated chain link fence- 100 feet
10 ft. non- coated chain link fence 865 feet
1 — 16 ft. wide gate
1 — 8 ft. wide gate
3 — 3 ft. wide gate
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda
issued prior to execution of this Agreement, together with the response to RFP and all required
insurance documentation, and Modifications issued after execution of this Agreement. The
Contract represents the entire and integrated agreement between the parties hereto and
supersedes prior negotiations, representations or agreements, either written or oral. An
enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the
event of a discrepancy between the documents, precedence shall be determined by the order of
the documents as just listed.
ARTICLE 2
The Work of this Contract
The Contractor shall execute the entire Work described in the Contract Documents, except to the
extent specifically indicated in the Contract Documents to be the responsibility of others, or as
follows: N/A
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the
Owner.
The Contractor shall achieve Substantial Completion of the entire Work not later than One
Hundred Twenty (120) calendar days after the date of commencement or issuance of a
Notice to Proceed. The time or times stipulated in the contract for completion of the work
of the contract or of specified phases of the contract shall be the calendar date or dates
listed in the milestone schedule.
Liquidated damages will be based on the Substantial Completion Date for all work,
modified by all approved extensions in time as set forth by the Director of Project
AGREEMENT Page 2 of 51
Fence Repairs at Big Pine Parks
Management's signature of approval on the Certificate of Substantial Completion. The
liquidated damages table below shall be utilized to determine the amount of liquidated
damages.
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.
ARTICLE 4
Contract Sum
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of
the Contract the Contract Sum of Five Hundred Seventy -Nine Thousand and 00/100
Dollars ($ 579,000.00), subject to additions and deductions as provided in the Contract
Documents.
4.2 The Contract Sum is based upon the following alternates, if any. NONE
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Director of
Project Management, and upon approval for payment issued by the Director of Project
Management and Architect, the Owner shall make progress payments on account of the
Contract Sum to the contractor as provided below and elsewhere in the Contract
Documents.
5.2 The period covered by each Application for payment shall be one (1) calendar month
ending on the last day of the month, or as follows:
5.3 Payment will be made by the Owner in accordance with the Florida Local Government
Prompt Payment Act, Section 218.735, Florida Statutes.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by
the Contractor in accordance with the Contract Documents. The Schedule of Values shall
allocate the entire Contract Sum among the various portions of the Work and be prepared
in such form and supported by such data to substantiate its accuracy as the Director of
Project Management may require. This schedule, unless objected to by the Director of
Project Management, shall be used as a basis for reviewing the Contractor's Applications
for Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each portion of
the Work as of the end of the period covered by the Application for Payment.
AGREEMENT Page 3 of 51
FIRST
SECOND
31ST DAY &
CONTRACT AMOUNT
15 DAYS
15 DAYS
THEREAFTER
Under $50,000.00
$50.00 /Day
$100.00 /Day
$250.00 /Day
$50,000.00- 99,999.00
100.00 /Day
200.00 /Day
750.00 /Day
$100,000.00- 499,999.00
200.00 /Day
500.00 /Day
2,000.00 /Day
$500,000.00 and Up
500.00 /Day
1,000.00 /Day
3,500.00 /Day
The Contractor's recovery of damages and sole remedy for any delay caused by the Owner
shall be an extension of time on the Contract.
ARTICLE 4
Contract Sum
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of
the Contract the Contract Sum of Five Hundred Seventy -Nine Thousand and 00/100
Dollars ($ 579,000.00), subject to additions and deductions as provided in the Contract
Documents.
4.2 The Contract Sum is based upon the following alternates, if any. NONE
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Director of
Project Management, and upon approval for payment issued by the Director of Project
Management and Architect, the Owner shall make progress payments on account of the
Contract Sum to the contractor as provided below and elsewhere in the Contract
Documents.
5.2 The period covered by each Application for payment shall be one (1) calendar month
ending on the last day of the month, or as follows:
5.3 Payment will be made by the Owner in accordance with the Florida Local Government
Prompt Payment Act, Section 218.735, Florida Statutes.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by
the Contractor in accordance with the Contract Documents. The Schedule of Values shall
allocate the entire Contract Sum among the various portions of the Work and be prepared
in such form and supported by such data to substantiate its accuracy as the Director of
Project Management may require. This schedule, unless objected to by the Director of
Project Management, shall be used as a basis for reviewing the Contractor's Applications
for Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each portion of
the Work as of the end of the period covered by the Application for Payment.
AGREEMENT Page 3 of 51
Fence Repairs at Big Pine Parks
5.6 Subject to the provisions of the Contract Documents, the amount of each progress
payment shall be computed as follows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined
by multiplying the percentage completion of each portion of the Work by the share of the
total Contract Sum allocated to that portion of the Work in the Schedule of Values, less
retainage of ten percent 10 %. Pending final determination of cost to the Owner of changes
in the Work, amounts not in dispute may be included in Applications for Payment. The
amount of credit to be allowed by the Contractor to the Owner for a deletion or change
which results in a net decrease in the Contract Sum shall be the net cost to the Owner,
less Overhead, Profit and Documented Costs incurred prior to the change Request, as
indicated in the corresponding line item in the Approved Schedule of Values for that line
item as confirmed by the Director of Project Management. When both additions and credits
covering related Work or substitutions are involved in a change, the allowance for
overhead and profit shall be figured on the basis of net increase, if any, with respect to
that change.
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the completed
construction (or, if approved in advance by the Owner, suitably stored off the site at a
location agreed upon in writing), less retainage;
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or
nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions.
5.7 Retainage of ten percent (10 %) will be withheld in accordance with Section 218.735 (8)(b),
Florida Statutes.
5.8 Reduction or limitation of retainage, if any, shall be as follows:
Monroe County is exempt from and not subject to Florida Statutes, Section 255.078,
"Public Construction Retainage". Reduction or limitation of retainage, if any, shall be
reduced incrementally at the discretion of and upon the approval of the Director of Project
Management.
ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the
Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except
for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph
12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily
survive final payment, and (2) a final approval for payment has been issued by the Director of
Project Management. Such final payment shall be made by the Owner not more than twenty (20)
days after the issuance of the final approval for payment. The following documents (samples in
section 01027, Application for Payment) are required for Final Payment:
(1) Application and Certificate for Payment
(2) Continuation Sheet
AGREEMENT Page 4 of 51
Fence Repairs at Big Pine Parks
(3) Certificate of Substantial Completion
(4) Contractor's Affidavit of Debts and Claims
(5) Contractor's Affidavit of Release of Liens
(6) Final Release of Lien
(7) Contractor shall provide two (2) hard copies in tabulated divided binders and
one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF)
format delivered on a common form (i.e. flash drive) of all the following, but
not limited to:
A. Project Record Documents (As Built Documents).
B. Operating and maintenance data, instructions to the Owner's personnel.
C. Warranties, bond and guarantees.
D. Keys and keying schedule.
E. Spare parts and maintenance materials.
F. Electronic copies of approved submittals.
G. Evidence of payment and final release of liens and consent of surety to final
release (includes final release from all utilities and utility companies).
ARTICLE 7
Miscellaneous Provisions
7.1 Where reference is made in this Agreement to a provision of the General Conditions or
another Contract Document, the reference refers to that provision as amended or
supplemented by other provisions of the Contract Documents.
7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act
and Monroe County Code.
7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities, of
the General Conditions.
7.4 Monroe County's performance and obligation to pay under this contract is contingent upon
an annual appropriation by the Board of County Commissioners.
7.5 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 proposal on a contract with a public entity
for the construction or repair of a public building or public work, may not submit proposals
on leases of real property to public entity, may not be awarded or perform work as
contractor, supplier, subcontractor, or consultant under a contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, for CATEGORY TWO for a period of thirty -six (36) months
from the date of being placed on the convicted vendor list.
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Fence Repairs at Big Pine Parks
By signing this Agreement, Contractor represents that the execution of this Agreement will
not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of
this section shall result in termination of this Agreement and recovery of all monies paid
hereto, and may result in debarment from County's competitive procurement activities.
In addition to the foregoing, Contractor further represents that there has been no
determination, based on an audit, that it or any subcontractor has committed an act
defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not
been formally charged with committing an act defined as a "public entity crime" regardless
of the amount of money involved or whether Contractor has been placed on the convicted
vendor list.
Contractor will promptly notify the County if it or any subcontractor or Contractor
is formally charged with an act defined as a "public entity crime" or has been placed
on the convicted vendor list.
7.6 The following items are included in this contract:
a) Maintenance of Records. Contractor shall maintain all books, records, and documents
directly pertinent to performance under this Agreement in accordance with generally
accepted accounting principles consistently applied. Records should be retained for
a period of five (5) years from the termination of this agreement or for a period of three
(3) years from the submission of the final expenditure report as per 2 C.F.R. §200.333,
whichever is greater. 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 five
(5) 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, or were wrongfully retained
by the Contractor, the Contractor shall repay the monies together with interest
calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies
were paid to Contractor.
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be performed entirely in the State. In the event
that any cause of action or administrative proceeding is instituted for the enforcement
or interpretation of this Agreement, the County and Contractor agree that venue shall
lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida. The Parties waive their rights to trial by jury. 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.
c) Severability. If any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected thereby;
and each remaining term, covenant, condition and provision of this Agreement shall
AGREEMENT Page 6 of 51
Fence Repairs at Big Pine Parks
be valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement.
The County and Contractor agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
d) Attorney's Fees and Costs. The County and Contractor agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party
relative to the enforcement or interpretation of this Agreement, the prevailing party
shall be entitled to reasonable attorney's fees and court costs as an award against the
non - prevailing party, and shall include attorney's fees and courts costs in appellate
proceedings.
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 advice 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. The parties 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. The parties agree to comply with all Federal and Florida statutes, and all
local ordinances, as applicable, relating to nondiscrimination. These include but are
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Fence Repairs at Big Pine Parks
not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88 -352), which prohibit
discrimination in employment on the basis of race, color, religion, sex, and national
origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 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 § 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as
amended (42 USC §§ 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, §§ 523 and 527 (42 USC
§§ 690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug
abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 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 §§ 12101), as
amended from time to time, relating to nondiscrimination in employment on the basis
of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits
discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual
orientation, gender identity or expression, familial status or age; and 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.
During the performance of this Agreement, the CONTRACTOR, in accordance with
Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964 -1965
Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order
11246 Relating to Equal Employment Opportunity, and implementing regulations at
41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, % C, agrees as
follows:
1) The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The contractor will take affirmative action to ensure
that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex, sexual
orientation, gender identity, or national origin. Such action shall include, but not
be limited to the following: Employment, upgrading, demotion, or transfer,
recruitment or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of this nondiscrimination clause.
2) The contractor will, in all solicitations or advertisements for employees placed
by or on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex,
sexual orientation, gender identity, or national origin.
AGREEMENT Page 8 of 51
Fence Repairs at Big Pine Parks
3) The contractor will not discharge or in any other manner discriminate against
any employee or applicant for employment because such employee or
applicant has inquired about, discussed, or disclosed the compensation of the
employee or applicant or another employee or applicant. This provision shall
not apply to instances in which an employee who has access to the
compensation information of other employees or applicants as a part of such
employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to
such information, unless such disclosure is in response to a formal complaint
or charge, in furtherance of an investigation, proceeding, hearing, or action,
including an investigation conducted by the employer, or is consistent with the
contractor's legal duty to furnish information.
4) The contractor will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or
understanding, a notice to be provided by the agency contracting officer,
advising the labor union or workers' representative of the contractor's
commitments under section 202 of Executive Order 11246 of September 24,
1965, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
5) The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
6) The contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by the rules, regulations, and orders
of the Secretary of Labor, or pursuant thereto, and will permit access to his
books, records, and accounts by the contracting agency and the Secretary of
Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
7) In the event of the contractor's non - compliance with the nondiscrimination
clauses of this contract or with any of such rules, regulations, or orders, this
contract may be canceled, terminated or suspended in whole or in part and the
contractor may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive
Order 11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
8) The Contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (7) in every
subcontract or purchase order unless exempted by rules, regulations, or orders
of the Secretary of Labor issued pursuant to section 204 of Executive Order
AGREEMENT Page 9 of 51
Fence Repairs at Big Pine Parks
11246 of September 24, 1965, so that such provisions will be binding upon
each subcontractor or vendor. The Contractor will take such action with
respect to any subcontract or purchase order as the administering agency may
direct as a means of enforcing such provisions, including sanctions for non-
compliance; provided, however, that in the event a contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a
result of such direction by the administering agency the contractor may request
the United States to enter into such litigation to protect the interests of the
United States.
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.
n) Public Access.
Public Records Compliance. 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.
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Fence Repairs at Big Pine Parks
The Contractor is encouraged to consult with its advisors about Florida Public Records
Law in order to comply with this provision.
Pursuant to Fla. Stat. Sec. 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.
(2) 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.
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Fence Repairs at Big Pine Parks
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 CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS,
BRIAN BRADLEY AT PHONE# 305 - 292 -3470 BRADLEY-
BRIAN @MONROECOUNTY- FL.GOV, MONROE COUNTY ATTORNEY'S
OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040.
o) Non - Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of the Contractor and the County in this Agreement and the
acquisition of any commercial liability insurance coverage, self- insurance coverage, or
local government liability insurance pool coverage shall not be deemed a waiver of
immunity to the extent of liability coverage, nor shall any contract entered into by the
County be required to contain any provision for waiver.
p) 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.
q) Legal Obligations and Responsibilities. Non - Delegation of Constitutional or Statutory
Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law
except to the extent of actual and timely performance thereof by any participating
entity, in which case the performance may be offered in satisfaction of the obligation
or responsibility. Further, this Agreement is not intended to, nor shall it be construed
as, authorizing the delegation of the constitutional or statutory duties of the County,
except to the extent permitted by the Florida constitution, state statute, and case law.
r) 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.
s) 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.
t) 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
AGREEMENT Page 12 of 51
Fence Repairs at Big Pine Parks
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.
u) 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.
v) Hold Harmless and Indemnification. 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). The monetary limitation of liability under this contract
shall be not less than $1 million per occurrence pursuant to Fla. Stat. Sec. 725.06.
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.
FDEM Indemnification
To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless
the Agency, the State of Florida, Department of Emergency Management, and its
officers and employees, from liabilities, damages, losses and costs, including, but not
limited to, reasonable attorney's fees, to the extent caused by the negligence,
recklessness, or intentional wrongful misconduct of the Contractor and persons
employed or utilized by the Contractor in the performance of this Contract.
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Fence Repairs at Big Pine Parks
7.7
This indemnification shall survive the termination of this Contract. Nothing contained
in this paragraph is intended to nor shall it constitute a waiver of the State of Florida
and the (County) Agency's sovereign immunity.
w) 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.
x) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the
County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part
with County funds under this agreement. The DBE requirements of applicable federal
and state laws and regulations apply to this Agreement. The County and its Contractor
agree to ensure that DBE's have the opportunity to participate in the performance of
the Agreement. In this regard, all recipients and contractors shall take all necessary
and reasonable steps in accordance with applicable federal and state laws and
regulations to ensure that DBE's have the opportunity to compete and perform
contracts. The County and Contractor and subcontractors shall not discriminate on the
basis of race, color, national origin or sex in award and performance of contracts,
entered pursuant to this Agreement.
y) Agreements with Subcontractors. In the event that the Contractor subcontracts any or
all of the work in this project to any third party, the Contractor specifically agrees to
identify the COUNTY as an additional insured on all insurance policies required by the
County. In addition, the Contractor specifically agrees that all agreements or contracts
of any nature with his subcontractors shall include the COUNTY as additional insured.
z) Florida Green Building Coalition Standards. Monroe County requires its buildings to
conform to Florida Green Building Coalition standards.
Special Conditions, if any are detailed in Section 00100 of the Project Manual for this
Project.
Any written notices or correspondence given pursuant to this contract shall be sent by
United States Mail, certified, return receipt requested, or by courier with proof of delivery.
Notice shall be sent to the following persons:
For Contractor: Theodore Gordon. President
Florida Fence Corp.
161 Georgia Ave.
Tavernier, Florida 33070
For Owner: Director of Project Management
1100 Simonton St., Room 2 -216
Key West, Florida 33040
Assistant County Administrator, PW & E
1100 Simonton St
Key West, Florida 33040
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7.8 FEDERAL CONTRACT REQUIREMENTS.
The CONTRACTOR and its subcontractors must follow the provisions, as
applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to
2 C.F.R. Part 200, as amended, including but not limited to:
7.8.1 Clean Air Act (42 U.S.C. W401 -7671 g.) and the Federal Water Pollution Control Act (33
U.S.C. ��1251- 1387), as amended CONTRACTOR agrees to comply with all applicable
standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. § §7401-
7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § §1251 -1387)
and will report violations to FEMA and the Regional Office of the Environmental Protection
Agency (EPA). The Clean Air Act ( 42 U.S.C. ��7401 -7671 q.) and the Federal Water
Pollution Control Act (33 U.S.C. W251- 1387), as amended, applies to Contracts and
subgrants of amounts in excess of $150,000.
7.8.2 Davis -Bacon Act, as amended (40 U.S.C. 3141 - 3148) When required by Federal program
legislation, which includes emergency Management Preparedness Grant Program,
Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland
Security Grant Program, Port Security Grant Program and Transit Security Grant Program,
all prime construction contracts in excess of $2,000 awarded by non - Federal entities must
comply with the Davis -Bacon Act (40 U.S.C. 31413144 and 3146 -3148) as supplemented
by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction "). In
accordance with the statute, CONTRACTORS must be required to pay wages to laborers
and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, CONTRACTORS must be
required to pay wages not less than once a week. If applicable, the COUNTY must place
a copy of the current prevailing wage determination issued by the Department of Labor in
each solicitation
(attached hereto as Exhibit A and made a part hereof). The decision to award a contract
or subcontract must be conditioned upon the acceptance of the wage determination. The
COUNTY must report all suspected or reported violations to the Federal awarding agency.
When required by Federal program legislation, which includes emergency Management
Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security
Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program
and Transit Security Grant Program (it does not apply to other FEMA grant and
cooperative agreement programs, including the Public Assistance Program), the
CONTRACTORS must also comply with the Copeland "Anti- Kickback" Act (40 U.S.C.
3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors
and Subcontractors on Public Building or Public Work Financed in Whole or in Part by
Loans or Grants from the United States "). As required by the Act, each CONTRACTOR
or subrecipient is prohibited from inducing, by any means, any person employed in the
construction, completion, or repair of public work, to give up any part of the compensation
to which he or she is otherwise entitled. The COUNTY must report all suspected or
reported violations to the Federal awarding agency.
1) Contractor. The CONTRACTOR shall comply with 18 U.S.C. § 874, 40
U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are
incorporated by reference into this contract.
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2) Subcontracts. The CONTRACTOR or subcontractor shall insert in any
subcontracts the clause above and such other clauses as the FEMA may by appropriate
instructions require, and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime CONTRACTOR shall be responsible for
the compliance by any subcontractor or lower tier subcontractor with all of these contract
clauses.
3) Breach. A breach of the contract clauses above may be grounds for
termination of the contract, and for debarment as a contractor and subcontractor as
provided in 29 C.F.R. § 5.12.
7.8.3 Contract Work Hours and Safety Standards Act (40 U.S.CA� 3701- 3708) Where
applicable, which includes all FEMA grant and cooperative agreement programs, all
contracts awarded by the COUNTY in excess of $100,000 that involve the employment of
mechanics or laborers must comply with 40 U.S.C. §3702 and §3704, as supplemented
by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act,
each CONTRACTOR must compute the wages of every mechanic and laborer on the
basis of a standard work week of forty (40) hours. Work in excess of the standard work
week is permissible provided that the worker is compensated at a rate of not less than one
and a half times the basic rate of pay for all hours worked in excess of forty (40) hours in
the work week. The requirements of 40 U.S.C. §3704 are applicable to construction work
and provide that no laborer or mechanic must be required to work in surroundings or under
working conditions which are unsanitary, hazardous, or dangerous. These requirements
do not apply to the purchases of supplies or materials or articles ordinarily available on
the open market, or contracts for transportation or transmission of intelligence.
7.8.4 Rights to Inventions Made Under a Contract or Agreement If the Federal award meets
the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that "funding agreement," the
recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing
regulations issued by the awarding agency.
7.8.5 Debarment and Suspension (Executive Orders 12549 and 126891 A contract award (see
2 CFR 180.220) must not be made to parties listed on the government wide exclusions in
the System for Award Management (SAM), in accordance with the OMB guidelines at 2
CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and
12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions
contains the names of parties debarred, suspended, or otherwise excluded by agencies,
as well as parties declared ineligible under statutory or regulatory authority other than
Executive Order 12549.
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7.8.6 Byrd Anti- Lobbyinq Amendment (31 U.S.C. 1352) CONTRACTORS that apply or bid for
an award exceeding $100,000 must file the required certification. Each tier certifies to the
tier above that it will not and has not used Federal appropriated funds to pay any person
or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant or any other
award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -
Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the non - Federal award.
7.8.7 Compliance with Procurement of recovered materials as set forth in 2 CFR � 200.322
CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as
amendment by the Resource Conservation and Recovery Act. The requirements of
Section 6002 include procuring only items designed in guidelines of the Environmental
Protection Agency (EPA at 40 CFR part 247 that contain the highest percentage of
recovered materials practicable, consistent with maintaining a satisfactory level of
competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid
waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement program for procurement of recovered
materials identified in the EPA guidelines. (1) In the performance of this contract, the
CONTRACTOR shall make maximum use of products containing recovered materials that
are EPA - designated items unless the product cannot be acquired (i) Competitively within
a timeframe providing for compliance with the contract performance schedule; (ii) Meeting
contract performance requirements; or (iii) At a reasonable price. (2) Information about
this requirement, along with the list of EPA - designated items, is available at EPA's
Comprehensive Procurement Guidelines web site,
httos: / /www.eoa.aov /smm/ comprehensive- Drocurement- auideline- coo- Droaram.
7.8.8 Americans with Disabilities Act of 1990, as amended, (ADA) . The CONTRACTOR will
comply with all the requirements as imposed by the ADA, the regulations of the Federal
government issued thereunder, and the assurance by the CONTRACTOR pursuant
thereto.
7.8.9 Disadvantaged Business Enterprise (DBE) Policy and Obligation It is the policy of the
COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part with
COUNTY funds under this Agreement. The DBE requirements of applicable federal and
state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR
agree to ensure that DBE's have the opportunity to participate in the performance of this
Agreement. In this regard, all recipients and contractors shall take all necessary and
reasonable steps in accordance with 2 C.F.R. § 200.321 (as set forth in detail below),
applicable federal and state laws and regulations to ensure that the DBE's have the
opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR
and subcontractors shall not discriminate on the basis of race, color, national origin or sex
in the award and performance of contracts, entered pursuant to this Agreement.
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2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY
BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA
FIRMS
a. If the CONTRACTOR, with the funds authorized by this Agreement,
seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the
CONTRACTOR shall take the following affirmative steps to assure that minority
businesses, women's business enterprises, and labor surplus area firms are used
whenever possible
b. Affirmative steps must include:
1. Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
2. Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
3. Dividing total requirements, when economically feasible into smaller tasks or
quantities to permit maximum participation by small and minority businesses,
and women's business enterprises;
4. Establishing delivery schedules, where the requirement permits which
encourage participation by small and minority businesses, and women's
business enterprises;
5. Using the services and assistance, as appropriate of such organizations as
the Small Business Administration and the Minority Business Development
Agency of the Department of Commerce.
6. Requiring the Prime contractor, if subcontractor are to be let, to take the
affirmative steps listed in paragraph (1) through (5) of this section.
7.8.10 The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E- Verify
system to verify the employment eligibility of all new employees hired by the
CONTRACTOR during the term of the Contract and shall expressly require any
subcontractors performing work or providing services pursuant to the Contract to likewise
utilize the U.S. Department of Homeland Security's E- Verify system to verify the
employment eligibility of all new employees hired by the subcontractor during the Contract
term.
7.8.11 Fraud and False or Fraudulent or Related Acts. The CONTRACTOR acknowledges that
31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies
to the CONTRACTOR'S actions pertaining to this contract.
7.8.12 Access to Records The following access to records requirements apply to this contract:
(1) The CONTRACTOR agrees to provide MONROE COUNTY, the FEMA
Administrator, the Comptroller General of the United States, or any of their authorized
representatives access to any books, documents, papers, and records of the
CONTRACTOR which are directly pertinent to this contract for the purposes of making
audits, examinations, excerpts, and transcriptions.
(2) The CONTRACTOR agrees to permit any of the foregoing parties to reproduce by
any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
AGREEMENT Page 18 of 51
Fence Repairs at Big Pine Parks
(3) The CONTRACTOR agrees to provide the FEMA Administrator or his authorized
representatives access to construction or other work sites pertaining to the work being
completed under the contract.
7.9 The Contractor is bound by the terms and conditions of the Federally- Funded Subaward
and Grant Agreement between County and the Florida Division of Emergency
Management (Division), Contract No. Z0002, found at the following link on the Monroe
County web page: tlD =18
7.10 The Contractor is bound by all applicable local, County, State, and Federal laws and
regulations.
7.11 The CONTRACTOR shall hold the Division and County harmless against all claims of
whatever nature arising out of the CONTRACTOR'S performance of work under this
Agreement, to the extent allow and required by law.
ARTICLE 8
Termination or Suspension
8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General
Conditions.
A. In the event that the Contractor shall be found to be negligent in any aspect of service,
the County shall have the right to terminate this agreement after five (5) days written
notification to the Contractor.
B. Either of the parties hereto may cancel this Agreement without cause by giving the
other party sixty (60) days written notice of its intention to do so.
C. Termination for Cause and Remedies: In the event of breach of any contract terms,
the County retains the right to terminate this Agreement. The County may also
terminate this agreement for cause with Contractor should Contractor fail to perform
the covenants herein contained at the time and in the manner herein provided. In the
event of such termination, prior to termination, the County shall provide Contractor with
seventy -two (72) hours' notice and provide the Contractor with an opportunity to cure
the breach that has occurred. If the breach is not cured, the Agreement will be
terminated for cause. If the County terminates this agreement with the Contractor,
County shall pay Contractor the sum due the Contractor under this agreement prior to
termination, unless the cost of completion to the County exceeds the funds remaining
in the contract; however, the County reserves the right to assert and seek an offset for
damages caused by the breach. The maximum amount due to Contractor shall not in
any event exceed the spending cap in this Agreement. In addition, the County
reserves all rights available to recoup monies paid under this Agreement, including the
right to sue for breach of contract and including the right to pursue a claim for violation
of the County's False Claims Ordinance, located at Section 2 -721 et al. of the Monroe
County Code.
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Fence Repairs at Big Pine Parks
D. Termination for Convenience: The County may terminate this Agreement for
convenience, at any time, upon sixty (60) days' notice to Contractor. If the COUNTY
terminates this agreement with the Contractor, County shall pay Contractor the sum
due the Contractor under this agreement prior to termination, unless the cost of
completion to the County exceeds the funds remaining in the contract. The maximum
amount due to Contractor shall not exceed the spending cap in this Agreement. In
addition, the County reserves all rights available to recoup monies paid under this
Agreement, including the right to sue for breach of contract and including the right to
pursue a claim for violation of the County's False Claims Ordinance, located at Section
2 -721 et al. of the Monroe County Code.
8.2 Scrutinized Companies. For Contracts of any amount, if the County determines that the
Contractor /Consultant has submitted a false certification under Section 287.135(5),
Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List,
or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the
Agreement after it has given the Contractor /Consultant written notice and an opportunity
to demonstrate the agency's determination of false certification was in error pursuant to
Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions
of Section 287.135(4), Florida Statutes, are met.
For Contracts of $1,000,000 or more, if the County determines that the
Contractor /Consultant submitted a false certification under Section 287.135(5), Florida
Statutes, or if the Contractor /Consultant has been placed on the Scrutinized Companies
with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria,
the County shall have the option of (1) terminating the Agreement after it has given the
Contractor /Consultant written notice and an opportunity to demonstrate the agency's
determination of false certification was in error pursuant to Section 287.135(5)(a), Florida
Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida
Statutes, are met.
ARTICLE 9
Enumeration of Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows: Exhibits A, B, C, D and E.
a) Drawings: None
b) Project Manual: None
9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and
Contractor.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction.
AGREEMENT Page 20 of 51
Fence Repairs at Big Pine Parks
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the
Project Manual dated: None
9.1.4 The Addenda, if any, are as follows:
Number Date
1 9/10/2018
2 9/11/2018
3 9/11/2018
This Agreement is entered into as of the day and year first written above and is executed in at
least two (2) original copies of which one (1) is to be delivered to the Contractor.
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
AGREEMENT Page 21 of 51
Fence Repairs at Big Pine Parks
Execution by the Contractor must be by a person with authority to bind the entity.
SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk Mayor /Chairman
Date
(SEAL)
Date:
and
Signature :.
Print Name:
Y �
rr
�rtr�► -a � e$ •
DA TE.
STATE OF FLORIDA, COUNTY OF t�1 Q,!J lZtl
On this clay of e-r 2 ;..be re me, the undersigned notary public,
personally appeared k nown tom to be the person whose name is
subscribed above or who pr d a s identification, and acknowledged
that he /she is the per e6 who a carted the above contract with Monroe County for Fence
Repairs at tai a purposes therein contained.
Notary P
Print Nam
My commission expires: //- 6- ZOZ O
L j jNot3ry Public State of Florida
Ws A Oiaz
Seal y Commission GG 045046
xpires 11!0612020
AGREEMENT Page 22 of 51
Fence Repairs at Big Pine Parks
GENERAL REQUIREMENTS
Where Project Management is Not a Constructor
Section 00750
Section 00970
Section 00980
Section 01015
Section 01027
Section 01030
Section 01040
Section 01045
Section 01050
Section 01200
Section 01301
Section 01310
Section 01370
Section 01385
Section 01395
Section 01410
Section 01421
Section 01500
Section 01520
Section 01550
Section 01560
Section 01590
Section 01595
Section 01600
Section 01630
Section 01640
Section 01700
Section 01710
Section 01720
Section 01730
Section 01740
General Conditions
Project Safety and Health Plan
Contractor Quality Control Plan
Contractor's Use of the Premises
Application for Payment
Alternates
Project Coordination
Cutting and Patching
Field Engineering
Project Meetings
Submittals
Progress Schedules
Schedule of Values
Daily Construction Reports
Request for Information — (RFI)
Testing Laboratory Services
Reference Standards and Definitions
Temporary Facilities
Construction Aids
Access Roads and Parking Areas
Temporary Controls
Field Offices and Sheds
Construction Cleaning
Material and Equipment
Post - Proposal Substitutions
Product Handling
Contract Closeout
Final Cleaning
Project Record Documents
Operation and Maintenance Data
Warranties
GENERAL REQUIREMENTS Page 23 of 51
Fence Repairs at Big Pine Parks
EXHIBIT "A"
Department of Labor Wage Determination
EXHIBIT A Page 24 of 51
Fence Repairs at Big Pine Parks
General Decision Number: FL180063 08/17/2018 FL63
Superseded General Decision Number: FL20170063
State: Florida
Construction Type: Building
County: Monroe County in Florida.
BUILDING CONSTRUCTION PROJECTS (does not include single family
homes or apartments up to and including 4 stories).
Note: Under Executive Order (EO) 13658, an hourly minimum wage
of $10.35 for calendar year 2018 applies to all contracts
subject to the Davis -Bacon Act for which the contract is
awarded (and any solicitation was issued) on or after January
1, 2015. If this contract is covered by the EO, the contractor
must pay all workers in any classification listed on this wage
determination at least $10.35 per hour (or the applicable wage
rate listed on this wage determination, if it is higher) for
all hours spent performing on the contract in calendar year
2018. The EO minimum wage rate will be adjusted annually.
Please note that this EO applies to the above - mentioned types
of contracts entered into by the federal government that are
subject to the Davis -Bacon Act itself, but it does not apply to
contracts subject only to the Davis -Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(2) -(60). Additional
information on contractor requirements and worker protections
under the EO is available at www.dol.gov /whd /govcontracts.
Modification Number
Publication Date
0
01/05/2018
1
01/12/2018
2
02/23/2018
3
03/16/2018
4
07/06/2018
5
08/17/2018
ELECO349 -003 03/05/2018
Rates Fringes
ELECTRICIAN ......................$ 33.11 12.31
ENGI0487 -004 07/01/2013
Rates Fringes
OPERATOR: Crane
All Cranes Over 15 Ton
Capacity ....................$ 29.00 8.80
Yard Crane, Hydraulic
Crane, Capacity 15 Ton and
Under .......................$ 22.00 8.80
EXHIBIT A Page 25 of 51
Fence Repairs at Big Pine Parks
IRONO272 -004 10/01/2017
Rates Fringes
IRONWORKER, STRUCTURAL AND
REINFORCING ......................$ 24.89 10.10
PAINO365 -004 07/01/2017
Rates Fringes
PAINTER: Brush Only .............$ 20.21 10.73
* SFFL0821 -001 07/01/2018
Rates Fringes
SPRINKLER FITTER (Fire
Sprinklers ) ......................$ 28.38 18.89
SHEE0032 -003 12/01/2013
Rates Fringes
SHEETMETAL WORKER (HVAC Duct
Installation ) ....................$ 23.50 12.18
SUFL2009 -059 05/22/2009
OPERATOR: Paver (Asphalt,
Aggregate, and Concrete) .........
Rates
Fringes
CARPENTER ........................$
15.08
5.07
CEMENT MASON /CONCRETE FINISHER ...
$ 12.45
0.00
FENCE ERECTOR ....................$
9.94
0.00
LABORER: Common or General ......
$ 8.62
0.00
LABORER: Pipelayer ..............$
10.45
0.00
OPERATOR: Backhoe /Excavator .....
$ 16.98
0.00
OPERATOR: Paver (Asphalt,
Aggregate, and Concrete) .........
$ 9.58
0.00
OPERATOR: Pump ..................$
11.00
0.00
PAINTER: Roller and Spray .......
$ 11.21
0.00
PLUMBER ..........................$
12.27
3.33
ROOFER: Built Up,
Composition, Hot Tar and
Single Ply .......................$ 14.33 0.00
SHEET METAL WORKER, Excludes
EXHIBIT A Page 26 of 51
Fence Repairs at Big Pine Parks
HVAC Duct Installation ........... $ 14.41 3.61
TRUCK DRIVER, Includes Dump
and 10 Yard Haul Away ............ $ 8.00 0.15
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis -Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health - related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health - related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at www.dol.gov /whd /govcontracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)) .
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of "identifiers" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than "SU" or
"UAVG" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198 -005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
EXHIBIT A Page 27 of 51
Fence Repairs at Big Pine Parks
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the "SU" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non -union rates. Example: SULA2012 -007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 1000 of the data reported for the
classifications was union data. EXAMPLE: UAVG -OH -0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated /CBA rate of the union locals from which the rate is
based.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be.
* an existing published wage determination
EXHIBIT A Page 28 of 51
Fence Repairs at Big Pine Parks
• a survey underlying a wage determination
• a Wage and Hour Division letter setting forth a position on
a wage determination matter
• a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis -Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
EXHIBIT A Page 29 of 51
Fence Repairs at Big Pine Parks
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Description(s):
Respondent Vendor Name:
Vendor FEIN:
Vendor's Authorized Representative Name and Title:
Address:
City:
Phone Number
Email Address:
Zip:
.Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or
entering into or renewing a contract for goods or services of any amount if, at the time of contracting or
renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section
215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also
prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for
goods or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in
Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which
were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or
Syria.
As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified
above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that
Boycott Israel List or engaged in a boycott of Israel and for Projects of $1,000,000 or more is not listed on
either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in
the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria.
I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may
subject company to civil penalties, attorney's fees, and /or costs. I further understand that any contract with
the County may be terminated, at the option of the County, if the company is found to have submitted a
false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in
a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations
in Cuba or Syria.
Certified By: who is authorized
to sign on behalf of the above referenced company.
Authorized Signature:
Print Name:
Title:
Note: The List are available at the following Department of Management Services Site:
httr): / /www.dms.mvflorida.com /business operations /state ourchasina /vendor information /convicted sus
ended discriminatory complaints vendor lists
State:
EXHIBIT B Page 30 of 51
Fence Repairs at Big Pine Parks
EXHIBIT " C "
Big Pine Park
Color code:
4' fence = Black lines
5' fence = Green lines
6' fence = Light Blue lines
8' fence = Yellow lines
10' fence = Dark Blue lines
12' fence = Red lines
EXHIBIT C Page 31 of 51
15' -16' fence = Purple lines
Fence Repairs at Big Pine Parks
Perimeter fence
EXHIBIT C Page 32 of 51
Fence Repairs at Big Pine Parks
EXHIBIT C Page 33 of 51
Fence Repairs at Big Pine Parks
EXHIBIT C Page 34 of 51
Basketball court area
Fence Repairs at Big Pine Parks
EXHIBIT C Page 35 of 51
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EXHIBIT C Page 39 of 51
Fence Repairs at Big Pine Parks
R7"m
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Skate park
EXHIBIT C Page 40 of 51
Fence Repairs at Big Pine Parks
M
EXHIBIT C Page 41 of 51
Fence Repairs at Big Pine Parks
Tennis Courts
EXHIBIT C Page 42 of 51
Fence Repairs at Big Pine Parks
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EXHIBIT D Page 43 of 51
EXHIBIT "D"
Blue Heron Park
Color code:
4'
fence
= Black lines
5'
fence =
Green lines
6'
fence =
Light Blue lines
8'
fence =
Yellow lines
10'
fence
= Dark Blue lines
12'
fence
= Red lines
15'
-16' fence = Purple lines
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EXHIBIT D Page 43 of 51
Fence Repairs at Big Pine Parks
EXHIBIT D Page 44 of 51
Perimeter fence
Fence Repairs at Big Pine Parks
} - R
EXHIBIT D Page 45 of 51
Fence Repairs at Big Pine Parks
Pickle Ball area fence
EXHIBIT D Page 46 of 51
Fence Repairs at Big Pine Parks
EXHIBIT "E"
Watson Field Park
Color code:
4' fence = Black lines
5' fence = Green lines
6' fence = Light Blue lines
8' fence = Yellow lines
10' fence = Dark Blue lines
12' fence = Red lines
15' -16' fence = Purple lines
w,
EXHIBIT E Page 47 of 51
Fence Repairs at Big Pine Parks
Baseball field
EXHIBIT E Page 48 of 51
Fence Repairs at Big Pine Parks
EXHIBIT E Page 49 of 51
Fence Repairs at Big Pine Parks
Tennis Courts
hlft�
EXHIBIT E Page 50 of 51
Fence Repairs at Big Pine Parks
EXHIBIT E Page 51 of 51
I acknowledge receipt • Addenda No,(s)
No. I -Dated 09/1812018
Dated 09/18/2018
No. 3 Dated 09/18/2018
5. Drug-Free Workplace Form
6. Public Entity Crime Statemen',
7. Subcontractor List Forrit
8. Pr•p• ser's Insurance and Indemnification Statement
9. Insurance Agents Statement (signed by agent)
10. Answered Required Questions
11. Provided Three (3) Customer References and Three (3) Credit References 0.4
PROPOSALFORM 00120- Page 24 of 318
Fence Repairs at Big Pine Parks
ij� 1111111111111111II11111
a W
I�I 1111110� 11
1. Proposal Form
2. Bid Bond (Proposal Security)
3. Non-Collusion Affidavit
4. Lobbying and Conflict of Interest Clause
5. Drug-Free Workplace Form
6. Public Entity Crime Statement
7. Subcontractor Listing Form
8. Insurance Requirements and Checklist
9. Workers Compensation and Employers' Liability
10. General Liability
11. Vehicle Liability
12. Builders Risk (if needed)
13. Proposer's Insurance and Indemnification Statement
14. Insurance Agent's Statements
15. Minority Owned Business Declaration
16. Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion
17. Contractor License:
A Current Copy to be submitted with Proposal,
Subcontractor Licenses to be Submitted Prior to
Award of Notice to Proceed.
I
II
29
30
31
32-33
34
35
36
37
37-38
39
40
41
1. In order to determine if the persons or entity submitting proposals are responsible, all
Proposals for contracts to be awarded under this section must contain the following
information
A. A list of the entity's shareholders with five percent (5%) or more of the stock or, if
a general partnership, a list of the general partners; or, if a limited liability
company, a list of its members; if a solely owned proprietorship, names(s) of
PROPOSALFORM 00120- Page 20 of 318
b. Are there any judgments, claims, arbitration proceeding or suits pending
or outstanding against the person, principal of the entity, or entity, Gr its
officers, directors, • general partners (this specifically inclu•-
r - • prior entities in which the person, principal, entity, officer,
director or general partner of the proposing entity has been involved as a
person, principal, entity, officer, director or general partner in the last five
(5) ye• rs)? (If yes, provide details, include enough information about the
judgment, claim, arbitration, • suit so that the Owner will able to obtain a
copy of the judgment or claim or locate the suit by location and case
number.)
MWM�
PROPOSAL PC: 00120- Page Z1 of 318
9/1912018 Detail by Entity Name
), A
Al
v
4��" A j cl i
J1.
3'v i nier
Detail by Entity Name
Florida Profit Corporation
FLORIDA FENCE CORP.
EiLfing Information
Document Number
P95000010733
FEI/ElN Number
65-0558275
Date Filed
02108/1995
State
FL
Status
ACTIVE
Pring pat Address
161 GEORGIA AVE.
TAVERNIER, FL 33071'
Changed: 04/01/2009
Mailing Address
BOX 227
TAVERNIER, FL 33070
Changed: 01/31/2001
Registered Ag ent Name & Address
GORDON, THEODORE W
161 GEORGIA AVE
TAVERNIER, FL 33070
Name Changed: 0111312005
Address Changed: 03/11/2010
Officer/Di rector Detail
Name & Address
GORDON, THEODORE W
PO BOX 227
TAVERNIER, FL 33070
Title DVP
Divism,%- u - 1 CORP ORAT 10
I GORDON, GAIL M I
http://search.sunbiz.orglinquiry/CorporationSearch/SearchResu[tDetaii?inquirMpe=EntityName&directionType=lnitial&searchNameOrder- 1/2
911912013 Detail by Entity Name
PO BOX 227
TAVERNIER, FL 33070
Title Secretary
Diaz, Luis A
161 GEORGIA AVE,
TAVERNIER, FL 33070
Annual Repg
Report Year
Filed Date
2016
01/24/2016
2017
0111512017
2018
0312812018
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EMLOW10
Customer references (minimum of three), including name, curren
address and gurrent telephone number. Credit References (minimum of
three), including name, current address and current telephone number.
Attached ** 1 J
9. Financial statements for the prior three (3) years. Please Provide in a
separate sealed envelope for the Co;ntractor':s confidentiality, aLd clearly
label the envelooe "CONFIDENTIAL" one-(I) original copy.
("Any financial statement that an agency requires a prospective bidder to
submit in order to prequalify for bidding or for responding to a bid for a
road or any other public works project is exempt from F.S. 119.07(l) and
Art. 1 of the State Constitution,")
HHUPOSAL FORM 001 0- Page zz of 318
Customer/CEeAiit Refere
Florida " ��o
127 W. Aven s
Lar Key
9 54-213- 98 33
Biltmore Construction
1055 Ponce de Leon Blvd
Belleair, FL 33756
727- 585 -2084
H onda Bahia P ark
! a
t �
B P ine Key, FL 33043
0
Sam
Forest Tek Lumber
88521 Overseas Highway
Tavernier, FL 33070
305- 852 -4300
Ste phens ,, ., Steel
P 0. B ox !
S prings , Russell 426 42
Eastern Metal Supply
3600 23 "d Avenue South
Lake Worth, FL 33461
800 -432 --2204
561 - 533 -5061
PRlis a MONROE COUNTY COMMISSIONERS
• PURCHASING DEPARTMENT
1100 SIMONTON
ROOM
FLORIDA KEY WEST, r
PROPOSALFROK Florida Fence Coreoration
P. r
Tavernier, FL 1
• having carefully examined the site where the Work be performed, become
familiar with all local conditions including labor affecting the cost thereof, and 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,
mecha superintendents, !!w Y; equipment, ^ and all
incidentals to perform and complete a'fi Work and work incidental hereto,
workman-like manner, in conformance with said DraWings, Specifications, and other Contract
Documents including Addenda issued thereto.
it I ! • ^r ,t•• 4 V •t I , t q d 4r
Five Hundred and Seventy Nine Thousand DollarsM
$ 57 ,000.00 Dollars
(Total Base Proposal — numbers)
PROPOSAL FORM 00120- Page 23 of 318
Fence Repairs at Big Pine Parks
Florida Fence Cor
-.- DBA: Florida FlEnce Corporation
65-0558275
161 Georgia Ave Mailing
Address: —, P. 0. BOX 227
Tavernier, Fl 33070 City, State Zip
Zip
Phone: 305-852-432�
NIM
Em-
_Www� IV —k-U&I NTA' N
The physical business address must be registered as its principal place of business with the
Florida Department of State for at least one (1) year prior to the notice of request for bid or
proposal.
09/19/2018
Date: Signed-,
"Irinted: heodore Gordon
Title: President
Witness: Elizabeth Sassine
PROPOSAL FORM 001 20- Page 2 5 of 318
C0 P 0 1.
(Mere insert full name and address or legal title of Owne
as Obligee, or hereinafter called the Obligee, in the sum Of Five Percent ofBid Arnotint liars
($ , f the payment of which sum well and truly to be made �said Principal and the
said Surety, bind ourselves, our heirs, executors, ad
• p en ministrators, successor •
s and assi ns, jointly
, -nd severally, firmly y these rests,
WHEREAS, the P . . Ua&&A-irjj
(Here ins,ert full name, address and description of project)
NOW, THEREFORE, if the Obligee shall accept the bid • the Principal shalf enter into a
Contract with the Obligee in accordance with the terms of such bid bond or
, and give such
bonds as may be speed in the bidding or Contract Documents with good and sufficient surety
for the faithful performance of such Contract and for the Prompt payment of labor and material
furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such
Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not
to exceed the Penalty hereof between the amount specified in said bid and such larger amount
for which the Obligee may in good faith contract With another party to perform the Work covered
by said bid, then this obligation shall be null and void, otherwise to r m in in U f r and
effect. Any action instituted by a claimant under this bond must be e a o ce
in accordance with the
notice and time limitations provisions in Section 255.05(2), Florida Statutes,
i6Wiiness)
S) ily G cki
Developers Surety and Indemnity Company
(Su ety) (Seal)
(Ti e) ' Kevin R. Wojtwoic�,,'ffo
zms��
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725, IRVINE, CA 92623 (949) 263-3300
KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each
hereby make, constitute and appoint:
***John R. Neu, Brett M. Rosenhaus, Kevin R. VVcjtovvicz, Daniel F. Oaks, Charles J. Nielson, Charles D. Nielson, David R, Turcios,
Michael A. Gentile, Jessica P Reno, Devin Joe Phillips, jointly or severally``
as their true and lawful Attorneys) -in -Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of
suretyship giving and granting unto said Attomey(s)-m-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as
each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)4n -Fact, pursuant to these
presents, are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors 017DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 15t, 2006,
RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice-President, Senior Vice-President or any Vice President of the
corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attomey(s) named in the Power ofAttorney to execute, on behalf of the
corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized
to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in [he future with respect to any bond, undertaking
or contract of suretyship to which it is attached.
IN WITNESS 'WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective officers and attested by their respective Secretary or Assistant Secretary this 61h day of Februarv, 2017.
By: gyp
Daniel Young, Senior Vice-President
By:
Mark Lansdon, Vice - President
11 11 lee, -
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4449114 /i 4111/
A notary public or other cfficer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
On February _62017 before me, Lucille Raymond Notary _EuNjq______
Date Here insert Name and TTUL Of the Officer
personally appeared
LUCILLE PA ' OAi
COMMIssion 0 2081945
Notary Public - CaMor"Id
Orange county
My Comm. Ex ires Oct 13, 2018
Place Notary Seal Above
Dan Yq u Mark Lansdon
Namets) of SEgner(s)
who proved to me on the basis of satisfactory evidence to be the parson(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that heisheAhey executed the same in hislheritheir authorized
capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of
which the persort acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature
CERTIFICATE
-- T
Lucille Raymond, Notary Public
The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby
certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of
said corporations set forth in the Power of Attorney are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, this
ATS-1002 (02117)
day of mbel ;14 1 111 , 1f 11 11
A —
a
1 9 3
V
Fence Repairs at Big Pine Parks
SECTION 00120
119A6C-11 L &4-MIMI-I!IWITAq�
1, Theodore Gordon of the citv Tavernier, Florida
according to law on my oath, and under penalty of perjury, depose and say that:
I am President
4 a *at Z
2. The prices in this proposal 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 proposer or with any competitor; and
3. Unless otherwise required by law, the prices which have been quoted In this proposal
have not been knowingly disclosed by the proposer and will not knowingly be disclosed
by the proposer prior to proposal opening, directly or indirectly, to any other proposer or
to any competitor; and
4. No attempt has been made or will be made by the proposer to induce any other person,
partnership or corporation to submit, or not to submit, a proposal for the purpose of
restricting competition; and
5. The statements contained in this affidavit are true and correct, and made with full
knowledge of said protect.
6; V
(Signature of P66' o
P ser) , (Date)
4415800111=-
COUNTY OF: Monroe
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, (name of individual signing) affi I . s &r st ture in th
space provided above.
on this
My commission expires
PROPOSALFORM 00 1 20- Page 27 of 318
Jill,
Bill
M
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
Florida Feance Col
,q��iroration
(Company)
... warrants that helit has not employed, retained or otherwise had' act on his/its behalf any
former County officer or employee in violation • Section 2 • Ordinance No. 010-1990 or any
County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or
violation of this provision the County may, in its discretion, terminate this contract without liability
and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover,
the full amount of any fee, commission, percentage, gift, or consideration paid to the former
County officer • employee".
41
pe"
:k
(Sig atur6)
Date: 09/19/2018
• �T�-
PROPOSALFORM 00120- 1 Page 28 of 318
My commission expires
PROPOSALFORM 00120- 1 Page 28 of 318
7 ence Repairs at Big Pine Parks
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
Florida Fence Corporation
(Name of Business)
1 Publishes a statement notifying employees that the unlawful manufacture, distribution,
dispensing, Possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business's
Policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation,
and employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations.
3. Gives each employee engaged in providing the commodities or contractual services that
are under proposal a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notifies the employees that, as a condition
of working on the commodities or contractual services that are under proposal, the
employee will abide by the terms of the statement and will notify the employer of any
conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893
(Florida Statutes) or of any controlled substance law of the United States or any state,
for a violation occurring in the workplace no later than five (5) days after such conviction.
5. Imposes a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's community, or
any employee who is so convicted,
6, Makes a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
Proposer's Signature
09/19/2018
Date
PROPOSAL FORM 00120 Page 29 of 318
Fence Repairs at Big Pine.Parks
I have read the above and state that neither Florida Fence Corporation
(Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last
thirty-six (36) months,
,:P
�'
4�
(signature)
MMMM�
•. •,
Subscribed and sworn to (or affirmed) before me on the day of
204_� , by
known to me or has produced -(name of affiant). te�She is pExrsonallyy
identification) as identification, (type o
!-�ence Repairs at Big Pine Parks
Division Subcontractor Contact Person Ph # Warea code Fax: Cell: Address
PROPOSAL FORM 00120- Page 31 of 318
Fence Repairs at Big Pine Park-s
SECTION 00130
General Insurance Requirements for
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L k ., in A _"�� •
The Contractor will not be permitted to commence work governed by this contract (including
pre-staging of personnel and material) until satisfactory evidence of the required insurance has
been furnished to the County as specified below. Delays in the commencement of work,
resulting from the failure of the Contractor to provide satisfactory evidence of the required
insurance, shall not extend deadlines specified in this contract and any penalties and failure to
perform assessments shall be Imposed as if the work commenced on the specified date and
time, except for the Contractors failure to provide satisfactory evidence.
The Contractor shall maintain the required insurance throughout the entire; term of this contract
and any extensions specified in any attached schedules. Failure to comply with this provision
may result in the immediate suspension of all work until the required insurance has been
reinstated or replaced. Delays in the completion of work resulting from the failure of the
Contractor to maintain the required insurance shall not extend deadlines specified in this
contract and any penalties and failure to perform assessments shall be imposed as if the work
had not been suspended, except for the Contractors failure to maintain the required insurance.
The Contractor will be ino-M % YWMffZUrf?g&7M
be contained in the Contractor's Insurance policies.
The Contractor shall provide, to the County, as satisfactory evidence of the required insurance,
either:
Certificate of Insurance or
A Certified copy of the actual insurance policy,
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-renewal,
material change, or reduction in covera�ge unless a minimum of thirty (30) days prior notification
is given to the County by the insurer.
IN8URANQE REQUIREMENTS AND FORMS 00 130- Page 32 of 318
The acceptance and/or approval of the Contractors insurance shall not be construed as
relieving the Contractor from any liability or obligation assumed under this contract or imposed
by law.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation.
In addition, the County will be named as an Additional Insured and Loss Payee on all policies
covering County-owned property.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Waiver of Insurance Requirements" and
approved by Monroe County Risk Management.
INSURANCE REQUIREMENTS AND FORMS 00 1 30- Page 33: of 318
Fenice Repairs at Big Pine Parks
WORKERS'COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT: Fence Repairs at Big Pine Parks
BETWEEN
AONROE COUN YELO-P"--
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state
i
statutes and the requirements of Florida Statutes, Chapter 440,
!n addition, the Contractor shall obtain EmPlovers' Liabili
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$500,000 Bodily Injury by Disease, each employ]-
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized
seff-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 a
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.
Fence Repairs at Big Pine Parks
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT: Fe;
Florida Fence Corporation
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract
and include, as a minimum:
0 Premises Operations
0 Products and Completed Operatio
0 Blanket Contractual Liability
0 Personal Injury Liability I
- — w I F%' I MCIVICIN I no ANU I-UHMS 00130- Page 3 5 — —0318
Fence; Repairs at Big Pine Parks
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
Fence Repairs at Big Pine Parks
BETWEEN
MONROE COUNTY, FLORIDA
AND
Florida Fence Corporation
Recognizing that the work governed by this contract requires the use of vehicles, #4,f.
C on tractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a minimum,
liability coverage for:
0 Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
split limits are Provided, the mis d_&k
$200,000 per Person
$300,000 per Occurrence
ity (Ammissioners shall be named as Additional Insured
\»
t Policies issued to satisfy the above requirements.
Fence Repairs at Big Pine Parks
PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT
INSURANCE REQUIREMENTS
loKsm PJLqTLZ
T&I mfl��
General Liability, including
Premises Operations
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Vehicle Liability (Owned, non-owned, and hired vehicles) $300,000 Combined Single Limit
NEMM0WMM= M
If split limits are preferred:
$200,000 per Person
$300,000 per Occurrence
$200,000 Property Damage
W161111 pr.-Iftweal. 1 P 10111124
Hold Harmless and Indemnification. 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 • 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 em agents, sub-contractors or other i ii'tees
LI I PEZ91:4 IVA C
Fence Repairs at Big Pine Parks
The extent • := t2< < », way lim to
ited , reduced, or the i
: ;a- d \ ::... \. i lhr wthin this AGREE lessened by nsurance requirements MENT.
This indemnification shall survive the termination of this Contract. Nothing contained In this
paragraph is intended to nor shall it constitute a waiver of the State of Florida and the (County)
Agency's sovereign immunity.
I understand the insurance that will be mandatory <_ » »d-d »» contract and will comply in full
with all of the requirements herein. I fully accept the indemnification and hold harmless and duty
to defend as set out in this proposal,
Florida Fence Corporation
PROPOSER
Z-1
Signature
Fence Repairs at P ine P arks
I have ]reviewed the above requirements with the Proposer n
feductibles aPply to the corresponding policy. 9
Signature
- � ry` ��* �a ... .:aw�4F1�11 , :.r1.11'll+�l1'l �e ►� /E��i���l #f�""
e
Ke s Insurance services Division o1 i A
P. x 37O S41
T Linda Regan
PHONE —
Key Largo, FL 33037
WC. No, EM
. a D icseLlela.cDrl� i¢• Nol:
f b Linda
INSURERISI AFFORDING COVERAGE
INSURED .—..�. - ..
..
i INsu _,`A;Ev s... .--� i- � » c Company
393
Florida Fence Cons
IN.eIJSER � :
— --
.
P OX 227
tNSUR C.
Tavernier, FL 33070
—
: INSURER. —
co
1 11 1 11
I IJI�lRER F
THAT THE I�OLICIE
at3i - LI ER; IM
THIS IS TO CERTIFY 5 OF INSU CE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED ED ABOVE FOR THE
INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION
CERTIFICATE
POLICY' PERIOD
OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WH ICH THIS
MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED
_ EXCLUSIONS AND CONDITIONS OF SUCH
I M .. POLICIES. LIMITS SHO
R T-- H .. _ ®
TYPEOFIN$' CE jl
Y HAVE HEREIN IS SUBJECT TO ALL
M rm BEEN �E DUCEt3 BY PAID CLAIMS
—- .—_._� __. -�--._ --__..�
THE TERMS.
A IX - ` POLICY
GtINME Lti€N LLIBIUTY
.
N 13ER POUCY F.FF POLICY EXP —..
LJ
CLAIMS E i OCCUR 3' 1SI #9 S
? EACH oCCir;aR NC _. s
1
_
0112018 , #12099 DAbsAGE TO RENTED
PREJr113ES IEa I
100,001
MEDEXP (Any I per=) s
6,004
�GENL AGGREGATE LIMIT APPLIES PER
P €RSO & ADV
f
1 1000,001
X
POLICY P CT
GERAL AGGREGATE
+
PRODUCTS- COMF!OP AGG
i AUTOMOBILE L �MUTV
f
ANY AUTO
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COMBINEp SINGLE UIT
f tE® u
bWRIED SCFIEDULEO
�...._� AUTOSONLY AIQQTFOS
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$ODILY INJURY[f�erIaIgon) i S
-
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�B4bfLY1Af,IURY
(fser m)_S
s (PIRO PEATY 1AGE
UM13RELLA UAS
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� .... EXCESSLIAG
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CLAM-MME
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6 ; EACH OCCURRENCE- -
I bED # IIETENTIONS
, AGGREGATE S
RKERS$ NSA ON
ANDEMPLO MS LWeIUTy
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F EPp99fnNNj NI A ,
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OF f2PERATrZJNS + I
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r DISEASE ^ POLICY LIMIT 18
D"CRIPITON OF OPSRATIONS I I
JeO 96119122 TI4N$ I VAN {ACflRb TB�, r Rcnlarba �. Ifl@r 4I#aarm N
I
m b r$ �I
I J c Fence ROP01115 at Big 'Pine Parks
DESCRIBE p
M onroe Courty Board o f County Commissioners
11 00 Simonton Stmt
ACOI`tD 25
The ACORD name A ..
iM
q ! • .
a
.. .i:'; a mar .. _ u Of j
CERTIFICATE OF
Date
LIABILITY INSURANCE 018
Producer: Plymouth I nsurance Agency This Certificate is issued as a matter of information only and confers ers no
2 739 U.S. Hi ghway 1 N.
rights upon the Certificate Holder. This Certificate does not amend, extend
Holiday, FL 34691
or alter the coverage afforded by the policies below.
(727) 938 - 5562
Insurers Affording Coverage
NAIL
insured: South East Personnel Leasing, Inc. & Subsidia
insurer A: Lion Insurance Company 11()75
2739 U.S. Highway 19 N.
Insurer B:
Holiday, FL 34691
Insurer C:
Insurer D:
Insurer E:
. -... _._. ...._�_.,_, .,....... „ ota„ u,o,ya,ap,"us,cios1i in ur canWaon or any contract or other document I
with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions of such policies. Aggregate
limits shown may have been reduced by paid claims.
INSR ADDL I Policy Effective Policy Expiration Date
LTR INSRD Type of Insurance Policy Number I pate I I Limits
Each occurrence
Commercial General Liability
Damage to rented premises (EA
1 11 Claims Made Occur [ occurrence)
Other Lion insurance Com any is A.M. Best Company rated A (Excellent). AMB # 12616
Descriptions of OperationsPLocationsNehicles !Exclusions added by Endorsement/Special Provisions: Client ID: 84 -67 -118
Coverage only applies to active employee(s) of South East Personnel Leasing, Inc. & Subsidiaries that are leased to the following "Client Company":
Florida Fence Corp.
Coverage only applies to injuries incurred by South East Personnel Leasing, Inc. & Subsidiaries active employee(s), while working in: f�L.
Coverage does not apply to statutory employees) or independent contractor(s) of the Client Company or any other entity.
A list of the active employee(s) leased to the Client Company can be obtained by faxing a request to (727) 937 -2138 or by calling (727) 938 -5562.
Project Name: BIG PINE PARKS
ISSUE 09 -19 -18 (RIB)
MONROE COUNTY BOARD OF COUNTY Should any of the above described policies be cancelled before the expiration date thereof, the issuing
insurer will endeavor to mail 80 days written notice to the certificate holder named to the left, but failure to
COMMISSIONERS do so shall impose no abligation or liability of any kind upon the insurer, its agents or representatives.
1100 SIMONTON STREET
KEY WEST, FL 33040
Med Exp
G eneral aggregate limit applies per:
Personal Adv Injury
Policy Project LpC
General Aggregate
Products - ComplOp Agg
A UTOMOBILE LIABILITY
Combined Single Limit
Any Auto
(EA Accident)
6.
All Owned Autos
Bodily Injury
Scheduled Autos
(Per Person)
- -
Hired Autos
Bodily injury
Non -Owned Autos
(Per Accident)
Property Damage
(Per Accident)
Other Lion insurance Com any is A.M. Best Company rated A (Excellent). AMB # 12616
Descriptions of OperationsPLocationsNehicles !Exclusions added by Endorsement/Special Provisions: Client ID: 84 -67 -118
Coverage only applies to active employee(s) of South East Personnel Leasing, Inc. & Subsidiaries that are leased to the following "Client Company":
Florida Fence Corp.
Coverage only applies to injuries incurred by South East Personnel Leasing, Inc. & Subsidiaries active employee(s), while working in: f�L.
Coverage does not apply to statutory employees) or independent contractor(s) of the Client Company or any other entity.
A list of the active employee(s) leased to the Client Company can be obtained by faxing a request to (727) 937 -2138 or by calling (727) 938 -5562.
Project Name: BIG PINE PARKS
ISSUE 09 -19 -18 (RIB)
MONROE COUNTY BOARD OF COUNTY Should any of the above described policies be cancelled before the expiration date thereof, the issuing
insurer will endeavor to mail 80 days written notice to the certificate holder named to the left, but failure to
COMMISSIONERS do so shall impose no abligation or liability of any kind upon the insurer, its agents or representatives.
1100 SIMONTON STREET
KEY WEST, FL 33040
Fence Repairs at Big Pine Parks
" re
t;
2MIII'Drik: �
LsDeclaration
Florida Fence Corporation a sub-contractor engaged by Monroe County during the completion
of work associated with the below indicated project
(Check one)
— is a minority business enterprise, as defined in Section 288.703, Florida Statutes
or
is not a minority business enterprise, as defined in Section 288,703, Florida Statutes.
X
F•S• 288.703(3) "Minority business enterprise' means any small business concern as defined in subsection (6)(see
below) which is organized to engage in commercial transactions, which is domiciled in Florida, and which is at least
51-percent-owned by minority persons who are members of an insular group that is of a particular racial, ethnic, or
gender makeup or national origin, which has been subjected historically to disparate treatment due to identification
in and with that group resulting in an underrepresentation of commercial enterprises under the group's control, and
whose management and daily operations are controlled by such persons. A minority business enterprise ma
primarily involve the practice of a profession. Ownership by a minority person does not include ownership which is
the result of a transfer from a nonminority person to a minority person within a related immediate family gro if
the combined total net asset value of all members of such family group exceeds $1 million. For purposes
subsection, the term "related immediate family group" means one or more children under 16 years of aged and this a
parent of such children or the spouse of such parent residing in the same house or living unit.
F.S 288,703(6) "Small business" means an independently owned and operated business concern that employs 200 or
fewer permanent full-time employees and that, together with its affiliates, has a net worth of not more than $5
million or any firm based in this state which has a Small Business Administration 8(a) certification. As applicable to
sole proprietorships, the $5 million net worth requirement shall include both personal and business investments
Contractor ma refer to F.S. 288.703 for mere information.
Co
Sub-Recinient M onroe C ounty
,
Signaiure Z� Signature
Print Name: Theodore Gordon
Title: president
Address: P . . IRA%, 227
City/State/ZiP Tay amtei—EL-3207-0--
Printed Name:
Title/ OMB Department:
Verified via:
r
DEM Contract: 20002
FEMA P roject
Fence Repairs at Big Pine Parks
Certification Regardin•i
- siensL�
And Voluntary Exclusion
The Prospective contractor of the Recipient, Florida Fence C o T® ratjorl ., certifies, by submission
of this document, that neither it nor its principals is Presently debarred, suspended, Proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal department or agency.
(2) Where the Recipient's contractor is unable to certify to the above statement, the prospective
contractor shall attach an explanation to this form.
NERCMEMC
Florida Fence Corporation
J
By
d
Signature V
Recipient's Name
Theodore Gordon, President
Name and Title
161 Georgia Ave Division Contract Number
Street Address
Tavernier, F1 33070
City, State, Zip
N #0 a I ;
FEMA Project Number
INSURANCE REQUIREMENTS: AND A 00 130- Page 41 of 318
M� ,�
M
Do not after this docurnert - 6; • Sil"O
This is Your license. It is unlawful for anyone other than the licensee to use this document.