06/19/2019 Agreement o��s ccuRrQc
4.::.. . ";.°N Kevin Madok, CPA
; .•• Clerk of the Circuit Court&Comptroller—Monroe County, Florida
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ROE co��
DATE: July 12, 2019
TO: Rob Tudor
Project Manager
Breanne Erickson
Budget/Contract Administrator
Tammy Sweeting
Executive Assistant
FROM: Pamela G. Hanc• Ill.C.
SUBJECT: June 19th BOCC Meeting
Attached is an electronic copy of the following item for your handling:
T3 Contract with Florida Keys Electric, Inc. for $96,275.00 to purchase and install 3T7
LED replacement lights and fixtures in the Key West and Key Largo libraries.We are now asking
to approve an additional $18,275.00 of Facilities funds to meet the contract offer.
Should you have any questions, please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
Agreement
Between Owner and Contractor
Where the basis of payment is a STIPULATED SUM
AGREEMENT Made as of the June 19, 2019
BETWEEN the Owner: Monroe County Board of County Commissioners
500 Whitehead St.
Key West, Florida 33040
And the Contractor: Florida Keys Electric, Inc.
5730 2nd Ave.
Key West, Florida 33040
For the following Project: LED LIGHTING UPGRADE AT KEY LARGO AND KEY WEST
LIBRARIES, MONROE COUNTY
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.
•
Provide all labor and materials necessary to convert all internal, fluorescent lighting fixtures at the
Key Largo and Key West libraries to new LED lighting and fixtures. Work to include coordination
with Library Managers to clear and secure the construction area and to keep the remaining
portions of the site accessible and in operation throughout the new construction process. The
completed project will result in a complete, well-lit, library interior.
The successful proposer will be required to complete the permit application on file with their
appropriate company and contact information. Successful proposer will pay associated permit
and inspection fees, as required by the city and county, necessary for completion of the project.
The Contractor shall furnish all labor supervision, materials, power tools, equipment supplies, and
any other means of construction necessary or proper for performing and completing the scope of
work, unless otherwise specifically stated. The project will be considered complete when turned
over to the County as a fully functioning LED-lit library.
The Contractor shall be responsible for complying with regulations, approvals, and permitting by
all appropriate permitting or regulatory agencies as applicable. Occupational Safety and Health
Administration (OSHA) regulations shall be strictly adhered to at all times.
LED Lighting Upgrade at Key Largo & Key West Libraries
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
Sixty (60) 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
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.
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.
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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 Ninety Six Thousand Two Hundred-Seventy-Five and
0/100 Dollars ($96,275.00), subject to additions and deductions as provided in the
Contract Documents.
4.2 The Contract Sum is based upon the following alternates, if any, which are described in
the Contract Documents and are hereby accepted by the Owner: n/a (State
the numbers or other identification of accepted alternates. If decisions on other alternates
are to be made by the Owner subsequent to the execution of this Agreement, then attach
a schedule of such other alternates showing the amount for each and the date until which
that amount is valid.)
Alternate# 1: N/A
4.3 Unit prices, if any, are as follows: NA
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.
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
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LED Lighting Upgrade at Key Largo & Key West Libraries
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
(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:
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LED Lighting Upgrade at Key Largo & Key West Libraries
•
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.
7.6 The following items are included in this contract:
a) Contractor shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the Agreement
and for four years following the termination of this Agreement. If an auditor employed
by the County or Clerk determines that monies paid to Contractor pursuant to this
Agreement were spent for purposes not authorized by this Agreement, the Contractor
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LED Lighting Upgrade at Key Largo & Key West Libraries
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
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
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LED Lighting Upgrade at Key Largo & Key West Libraries
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
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.
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.
I) 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;
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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 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.
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
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that would be required by the County to perform the service. If the Contractor
transfers all public records to the County upon completion of the contract, the
Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
Contractor keeps and maintains -public records upon completion of the
contract, the Contractor shall meet all applicable requirements for retaining
public records. All records stored electronically must be provided to the
County, upon request from the County's custodian of records, in a format that
is compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must
be made directly to the County, but if the County does not possess the
requested records, the County shall immediately notify the Contractor of the
request, and the Contractor must provide the records to the County or allow
the records to be inspected or copied within a reasonable time.
If the Contractor does not comply with the County's request for records, the
County shall enforce the public records contract provisions in accordance
with the contract, notwithstanding the County's option and right to unilaterally
cancel this contract upon violation of this provision by the Contractor. A
Contractor who fails to provide the public records to the County or pursuant
to a valid public records request within a reasonable time may be subject to
penalties under Section 119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or otherwise
dispose of any public records unless or otherwise provided in this provision or as
otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS 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.
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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
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
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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.
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 2 C.F.R. §200.321 (as set forth in detail
below), 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.
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;
AGREEMENT Page 11 of 17
LED Lighting Upgrade at Key Largo & Key West Libraries
(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.
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.
Right to Audit
Availability of Records. The records of the parties to this Agreement relating to the Project, which
shall include but not be limited to accounting records (hard copy, as well as computer readable
data if it can be made available; subcontract files (including proposals of successful and
unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original estimates;
estimating work sheets; correspondence; change order files (including documentation covering
negotiated settlements); backcharge logs and supporting documentation; general ledger entries
detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting
evidence deemed necessary by Owner to substantiate charges related to this agreement, and all
other agreements, sources of information and matters that may in Owner's reasonable judgment
have any bearing on or pertain to any matters, rights, duties or obligations under or covered by
any contract document (all foregoing hereinafter referred to as "Records") shall be open to
inspection and subject to audit and/or reproduction by Owner's representative and/or agents of
Owner. Owner may also conduct verifications such as, but not limited to, counting employees at
the job site, witnessing the distribution of payroll, verifying payroll computations, overhead
computations, observing vendor and supplier payments, miscellaneous allocations, special
charges, verifying information and amounts through interviews and written confirmations with
employees, Subcontractors, suppliers, and contractors representatives. All records shall be kept
for ten (10) years after Final Completion.
7.7 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: _Florida Keys Electric
5730 2nd Avenue
Key West, FL. 33040
AGREEMENT Page 12 of 17
LED Lighting Upgrade at Key Largo & Key West Libraries
For Owner: Director of Project Management Assistant County Administrator, PW& E
1100 Simonton St., Room 2-216 1100 Simonton St.
Key West, Florida 33040 Key West, Florida 33040
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.
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.
AGREEMENT Page 13 of 17
LED Lighting Upgrade at Key Largo & Key West Libraries
8.2 _ 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:
a) Drawings: n/a
b) Project Manual: n/a
c) Documents:
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.
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the
Project Manual dated: n/a
9.1.4 The Addenda, if any, are as follows:
Number Date Pages
1 5/21/19 1
AGREEMENT Page 14 of 17
LED Lighting Upgrade at Key Largo& Key West Libraries
This Agreement is entered into as of the day and year first written above and is executed in at
- «s4lone (1) original copy. Execution by the Contractor must be by a person with authority to
{ �T��;. 4� A.entity.
"t-'r``*RE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED.
"`° � BOARD OF COUNTY COMMISSIONERS
= , 3',yin Madok, Clerk OF MON COU , FLORIDA
1s%
" ..� �►. By:
putt'Clerk ayor/Chaimnan
Date [1, 21,11
(SEAL)
i.
CONTRACTOR'S Witnesses Attest: CONTRACTOR: �AI
Contractor t provide two witnesses
signatures Signature:
ii ,,
Signature: Print Name: 2dMritn&et V o.Zqupt
e:Print Nam CGt trio TcYw Title: ?rest(1444-
Title: il• a D Date: La' Ici•19
Date: ' , •
MONROE COUNTY ATTORNEY
L.
and ifflriPilliii,_ �� APoROV AS TO FORM
Signs -,._ .NE►.�•!a '��
Print Name: Ai�'./♦ A s f�i :1,I, r1, ` .
• OHMS A ROSIO
Title:9 / CZOa/Kin ASSI ANT COUNTY A' .ORNEY.
..
Date: b. .2e./19 Date: — ......-/," ..,, .
....,p, cra. -r,
.r c a ,
STATE OF FLORIDA, COUNTY OF .mt(Y1,i'o e. .); iv:. czt
On this day f to , 20‘41, before me, the undersigned notary public. sonall 74
appeared l'cattaZ , known to me to be the Porten who
'`
name is subscribed above or wild produced ri
as identification, and acknowledged that he/she is the person who executed the above contra `:
with Monroe County for LED LIGHTING UPGRADE AT KEY LARGO AND KEY WEST
LIBRARIES MONROE COUNTY for the purposes therein
contained. (�
Notary Public aikm =+fki/NDIL..t
"''~'"•"'
°� r1 il 'tiie v�., VICKY ANN SCHOOLEY 1
Print NamedcL 11 Iio 711• Pc i :' :'.: Notary Public.-State of Florida
L •'o Commission=GG 223304
T'o_r r. My Comm.Expires May 30,2022
My commission expires: U 1 1 aD Seal 0 Bonded through National Notary Assn.
AGREEMENT Page 15 of 17
LED Lighting Upgrade at Key Largo & Key West Libraries
Where Project Management is Not a Constructor
Section 00750 General Conditions
Section 00970 Project Safety and Health Plan
Section 00980 Contractor Quality Control Plan
Section 01015 Contractor's Use of the Premises
Section 01027 Application for Payment
Section 01030 Alternates
Section 01040'- •• ' • 'Project Coordination
Section 01045 Cutting and Patching
Section 01050 ' • Field Engineering
Section 01200 Project Meetings
Section 01301 Submittals
Section 01310 Progress Schedules
Section 01370 Schedule of Values
Section 01385 Daily Construction Reports
Section 01395 Request for Information— (RFI)
Section 01410 Testing Laboratory Services
Section 01421 Reference Standards and Definitions
Section 01500 Temporary Facilities
Section 01520 Construction Aids
Section 01550 Access Roads and Parking Areas
Section 01560 Temporary Controls
Section 01590 Field Offices and Sheds
Section 01595 Construction Cleaning
Section 01600 Material and Equipment
Section 01630 Post-Proposal Substitutions
Section 01640 Product Handling
Section 01700 Contract Closeout
Section 01710 Final Cleaning
Section 01720 Project Record Documents
Section 01730 Operation and Maintenance Data
Section 01740 Warranties
AGREEMENT Page 16 of 17
LED Lighting Upgrade at Key Largo & Key West Libraries
•
AGREEMENT Page 17 of 17
i
� l *, Ron DeSantis,Governor
.t�" rF. Halsey Beshears,Secretary ,
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STATE OF FLORIDA
DEPARTMENT OF BUSINESS-AND-P . OFESSIONAL REGULATION
v
ELECTRICA CPt�.�i,�ll R , i<.,, U C ENS NG BOARD 1
THE ELECTRIC CC TRACTOR'kl�EREL _-IS CER��TIUIED UNDER THE
PROVISIONS OFCHAT ER 489TFroRTDASTA UTES
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k y •4`$ '�s-,�o , Mill I i` i-y �4'- ` �. ..,�. �..7. .. _ '
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LICENSE) fCD1vIBE . 0f1025 8
EXPIRATION D AUGUST 31, 2020
Always verify licenses online at MyFloridaLicense.com
•
0,' .;;;;;I:$ —," • i
"'j'• r. Do not alter this document in any form. 1
-i ' e''1' o: This is your license. It is unlawful for anyone other than the licensee to use this document.
13lir
MONROE COUNTY BUSINESS TAX RECEIPT
EXPIRES SEPTEMBER 30, 2019
RECEIPT:: 30140-23918
' Business Name: FLORIDA KEYS ELECTRIC INC
Owner Name: VAZQUEZ RAYMOND PRES AND Business Location: 5730 2ND AVM
KEY WEST, FL 33040
Mailing Address:
VAZQUEZ CAROLINE V PRES Business Phone: 305-296-4028
5730 2ND AVE Business Type: CONTRACTOR (ELECTRICAL CONT)
KEY WEST, FL 33040
Employees 25
STATE LICENSE: EC0002558
rTax Amount Transfer Fee I Sub-Total Penalty • Prior Years _I Collection Cost tTota' Paid
65.00 0.00; 65.00 v0.00 0.00 I 0.00. 65.00
Paid 103-17-00004662 07/24/2018 65 .00
•
'HIS BECOMES A TAX RECEIPT Danise D. Henriquez, CFC, Tax Collector THIS IS ONLY A TAX.
VHEN,VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL
COUNTY AND/OR
MUNICIPALITY PLANNING
AND ZONING REQUIREMENTS.
a
Bond No.3301726
SECTION 00850
PUBLIC CONSTRUCTION BOND
BY THIS BOND,We Florida Keys Electric, Inc. ,as Principal
and FCCI Insurance Company ,a corporation,as Surety,are
bound to Monroe County Board of County Commissioners ,herein called•Owner, in
the sum of $96,275.00-Ninety Six Thousand Two Hundred Seventy-Five and 001100 ,for payment of which we bind
ourselves,our heirs,personal representatives,successors,and assigns,jointly
and severally.
THE CONDITION OF THIS BOND is that if Principal:
Performs the contract dated ,2019,between Principal and Owner for
construction of:
LED Lighting Upgrade at Key Largo and Key West Libraries
Key West
Monroe County,Florida
1. The contract being made a part of this bond by reference,at the times and in the manner
prescribed in the contract; and
2. Promptly makes payments to all claimants,as defined in Section 255.05(1),Florida Statutes,
supplying Principal with labor,materials,or supplies,used directly or indirectly by Principal in
the prosecution of the work provided for in the contract; and
3. Pays Owner all losses, damages,expenses,costs,and attorney's fees, including appellate
proceedings,that Owner sustains because of a default by Principal under the contract;and
4. Performs the guarantee of all work and materials furnished under the contract for the time
specified in the contract,then this bond is void;otherwise it remains in full force.
5. Any action instituted by a claimant under this bond for payment must be in accordance with the
notice and time limitation provisions in Sec.255.05(2)Florida Statues.
6. Any changes in or under the contract documents and compliance or noncompli:nce wits any
formalities connected with the contract or the changes does not affect Surety's •bl; i under
this bond.
Dated June 25th ,2019.
Florida Keys Electric, Inc.
(Name of Principal)
This bond is given to comply with section 255.05
Florida Statutes,and any action instituted by a By
claimant under this bond for payment must be in (As Attorney in Fact)Eduardo A.Menendez,Attorney in Fact&FL Resident Agent
accordance with the notice and time limitation
provisions in Section 255.05(2).Florida Statutes
FCCI Insurance Company
(Name of Surety)
END OF SECTION 00850
- ,
:. .
. . ,
. , .
10006t38
..-
„......r........... mittihs.
FCCIINsuR4NcE
GROUP .
More than a policy.A promise.
•GENERAL-PCIWR OF-ATTORNEY- -
KnoW all men by thesapresents: That the:FCCI Insurance Ccimpany,a Corporation organized and existingunder
the!awe of the State of Florida(the Torperatibin does make, and appoint:
William F Kleis;William 4.Palicer,,Davor I Mimica; Ileana MBreuza;-Eduardo A.Menendez
Each its true and laWfulAttorriey-In-FaCt;lo Make,execute, seal and deliver, for and omits behalf as*surety,and
as its act and in all bonds and undertakings provided that no bond or undertaking or contrect of suretyship executed
under,this authority shall exceed the sum of(not to exCeed $10,000,00000): $10,000,000.00
•This Power of Attorney is made and executed by authority of a Resolution adopted by the Board of Directors That
resolution also autholted any further action by the officers of the Company necessary to effect such trantaction.
The signatures. below and the seal of the Corporation ,may be effaced by-fad:sir-Mk, and any such facsimile
signatures or facsimile seal shall be binding upon the Corporation when so affixed and-in the.future with regard to any
bond,.undertaking or contract of Surety to which it is attached
In witness whereof,the FCCI Insurance Company has caused these presents to'be signed by its duly authorized,
• officers and its corporate seal to be hereunto affixed this . 31st day of___ _ January , 2019. .
...............
...'11W.4.C. c: •:.. ./) . ,
Attest: fa" '•-:SI' •
CIAA) livr4471- ;'‘, SEAL i-9 - ,
Crai ohri n;President 1 k rim 1 ; Cina Walch,EVP;General Counsel,
FCCI insurance Company \..\:1010 !:-:-' ' Chief ALitlit-&Compliance Officer,Secretary,
PCdf Insurance Company
%.......::......."
State of Florida
County of,Sarasota
Before-Me this day personally appeared'Craig Johnson, who is personally knownlo me and Who.executedlhe
foregoing document for the purposes expressed therein
_
.._.
,egb., Mire Alma
My.commission expires: 9/25/2020 *iip,NiwAtf..E.ionuid.
1
f„,...0_Corrolpo tlefia 10777 ,a4r...444r_eat0244-.0
- Notdry Public •• '"- -- - -
"1
State.of Florida
:Cbunty Of Sarasota
Befcire'rrie this day personally appeared Cina Welch,,who is,personally known;to me and WhrE executed.the
fOretjoing,docurnentfor the purposes expressed therein- -Iiit. _ . •
. Aitesia ititilio ' altie4e.. a.-lt,s.Wzi'•therytatesjarotiliiids,
My commission expires 9/25/2020 * c...kamtielxitym
miccoo.4tevingpas!2â : Notary Public
, -
CERTIFICATE' -
- 1,the,uhdprsignpci.PecretarY Of FCC! Insurance Company, aflorida Cbrporation,,DO.FIEREBY,CERTIFY tnatibe
foregoing Power of Attorney remains in full force and:has not been revoked;and furthermore that the February 24, 2011
Resolution Of the Board of Directors,referenced irtsaid PoWer of Attorney,it*win force. .
;Dated this 25th day of 'June , 2019,
- .Cina Welch,EVP,General Counsel,
Chief Audit&Compliance Dfficer;Secretary
14oibiO592.m.o4r laths
DocuGaid/04546 contains a securilyepTantriOranh,Oka background,heat-sensitive Ink coirigeictivy watermark arid micro=printing on bordet: 7'''Ne+1°!
.--- —
Client#:65280 FLOKE5
ACORD. CERTIFICATE OF LIABILITY INSURANCE DATEIYY1DofYYY1()
6/03/2019
-
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW,THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed.If SUBROGATION IS WANED,subject to
the terms and conditions of the policy,certain policies may require an endorsement.A statement on this-certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER co Nr•ACr Amanda Lisenbey
Gulfshore Insurance-SFL L,/No,EzI),239 659-8867 N,);239 213-2803
4100 Goodiette Rd N lEiJDRese: Alisenbey@gulfshoreinsurance.com
Naples,FL 34103
239 261-3646 INSURER(S)AFFORDING COVERAGE HNC 0
INSURER A:Kahan.'TNar i,wrMat Ca,pi,y 20141
INSURED RISURER B:FOCI awaae.e Canpu,r 10178 •
Florida Keys Electric,Inc. INSURER C:
5730 2nd Avenue -
Key West,FL 33040 .INSURER D:
INSURER E:
INSURER F•
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THiS IS TO CERTIFY THAT 7HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
LTRR TYPE OF INSURANCE AODL BRi GO FF POLICY EXP ++
,INSR Irmo 1 POLICY NUMBER olliUCY i Pour nrl Y LIMITS
A GENERAL LIABILITY X X GL1 0004447 01 04/26/2019 04/26/2020 EACH
GOEC7 fEe aCUURRRENCE S1,000,000
_X COMMERCIAL GENERAL LIABILITY l RREMISESm rrDemsl S 1,000,000
•
1 CLAIMS-MADE X OCCUR MED EXP(My one person) 310,000 I/
X PD Ded:500 PERSONAL E ADV INJURY 511000,000
GENERAL AGGREGATE $2,000,000
'G�E''N)T.AGGREGATE LIMIT APPLIES PER '� PRODUCTS•COMP/OP AGG 3 2,000,000
1 POLICY I Ta IL I LOC $
B AUTOMOBILE LIAeILJTY X X CA10001319702 04/2612019 0412612020 CO BINE,1:INGLE LIMIT 51,000,000
ANY AUTO 1 BODILY INJURY(Per person) S
AUT OWNED X AU OSULED BODILY INJURY(Pet accident) S
AOS
XA PROPERTY DAMAGE SX HIRED AUTOS AUTOS (Per nI
X Drive Oth 5
Car x
—
A x UMBRELLAUAB X OCCUR X X UMB10002490202 04/26/2019 04126/202 EACHOCCURRENCE 52,000,000
EXCESS LAB CLAMS-MADE AGGREGATE 52,000,000
DED X RETENTIONS10000 5WORKERS COMPENSATION TI STArtr W-
AND X 001WC19A76146 04/26/2019 04/26/2020 XIAND EMPLOYERS'LIABILITY TQRY 1 f8dfT5 FR
ANY PROPRIETORIPARTNERIEIECUTIVE Y I N E L EACH ACCIDENT 51,000,000
OFFICEFWEMBER EXCLUDED) a N I A
(Mandatory In NH) Y RIB �EitT E L DISEASE-EA EMPLOYEE 51,000,000
DESCRIPTION OF OPERATIONS below SY describe under • _rr E L DISEASE-POLICY LIMIT $1,000,000
E '1 "PAT � 1 1—lC
WAlvesa W►AL1k. YES__ ,
DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES(Attach ACORO 101,Additional Remarks Sch.6Ns,If mere specs Is required)
Monroe County Board of County Commissioners is included as Additional Insured with respects to General
Liability only as required by written contract with ongoing and completed operations per form CGL084 1013
on a primary non-contributory basis and Waiver of Subrogation per form CGL088 1013.Additional insured and
Waiver of Subrogation with regard to Auto Uability as required by written contract per form CAU059 1209.
Waiver of Subrogation in regards to Workers Compensation only as required by written contract per form
WC000313 0484.
CERTIFICATE HOLDER CANCELLATION
Monroe County Board of County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Commissioners ACCORDANCE WITH THE POLICY PROVISIONS.
1100 Simonton St.
Key West,FL 33040 AUTHORIZED REPRESENTATIVE .
—tom X.,-'S
I
01988-2010 ACORD CORPORATION.All rights reserved.
ACORD 25(2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD
#S14301541M1412506 AHL18
2011 Edition
INSURANCE CHECKLIST FOR VENDORS SUBMITTING PROPOSALS OR BIDS
FOR WORK
To assist in the development of your proposal,the insurance coverages marked with an"X"will
be required in the event an award is made to your firm.Please review this form with your insurance
agent and have him/her sign it in the place provided. It is also required that the bidder sign the
requiste form reflecting coverage and submit it with the proposal.
WORKERS'COMPENSATION
AND
EMPLOYERS'LIABILITY
Workers'Compensation Statutory Limits
Bodily Injury by Accident/Bodily
Injury by Disease,policy
limits/Bodily Injury by Disease
each employee
WCI Employers Liability $100,000/5500,000/$100,000
WC3 Employers Liability S500,000/5500,000/$500,000
WC3 X Employers Liability $1,000,000/S1,000,000/S 1,000,000
{ WCUSLH US Longshoremen& S1,000,000
Harbor Workers Act
WCJA Federal Jones Act S1,000,000
Administrative rnatntnion 7500.7
2018 Edition
GENERAL LIABILITY
As a minimum, the required general liability coverages will include:
• Premises Operations • Products and Completed Operations
• Blanket Contractual • Personal Injury
Required Limits:
GLI $300,000 Combined Single Limit
GL2 $500,000 Combined Single Limit
GL3 X $1,000,000 Combined Single Limit
GIA $2,000,000 Combined Single Limit
GL5 $3,000,000 Combined Single Limit
GL6 $4,000,000 Combined Single Limit
GL7 $5,000,000 Combined Single Limit
Required Endorsement:
GLLIQ Liquor Liability
GLS Security Services
All endorsements arc required to have the same limits as the basic policy.
INSCKLST
Administrative Instruction 7500-7
7
2018 Edition
BUSINESS AUTOMOBILE LIABILITY
As a minimum,coverage should extend to liability for:
• Owned;Non-owned; and Hired Vehicles
Required Limits:
VL1 $50,000 per Person: $100,000 per Occurrence
$25,000 Property Damage
or
$100,000 Combined Single Limit
(The use of VLl should be limited to special projects that involve
other governmental entities or"Not for Profit"organizations. Risk
Management must approve the use of this form).
VL2 $200,000 per Person; $300,000 per Occurrence
$200,000 Property Damage
or
$300,000 Combined Single Limit
VL3 $500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
VL4 $5,000,000 Combined Single Limit
MISCELLANEOUS COVERAGES
BRI Builders' Limits equal to the
Risk Full Replacement Value of the completed
project.
CLI Cyber Liability $1,000,000
MVC Motor Truck Limits equal to the maximum
Cargo value of any one shipment.
PRO1 Professional $ 300,000 per Occurrence/$ 500,000 Agg.
PRO2 Liability $ 500,000 per Occurrence/$1,000,000 Agg.
PRO3 $1,000,000 per Occurrence/$2,000,000 Agg.
POLI Pollution $ 500,000 per Occurrence/$1,000,000 Agg.
POL2 Liability $1,000,000 per Occurrence/$2,000,000 Agg.
POL3 $3,000,000 per Occurrence/$6,000,000 Agg.
POLO $5,000,000 per Occurrence/$10,000,000 Agg.
ED1 Employee $ 10,000
ED2 Dishonesty $100,000
GK1 Garage $ 300,000 ($ 25,000 per Vehicle)
GK2 Keepers $ 500,000($100,000 per Vehicle)
GK3 $1,000,000($250,000 per Vehicle)
Administrative Instruction 7500.7
8
301E Ed Won
MED1 Medical $ 300,000/S 750,000 Agg.
MED2 Professional S 500,000/$ 1,000,000 Agg. _ . _
MED3 $1,000,000/$ 3,000,000 Agg.
MED4 55,000,000/$10,000,000 Agg.
IF Installation Maximum value of Equipment
Floater Installed
VLP 1 Hazardous S 300,000(Requires MCS-90)
VLP2 Cargo $ 500,000(Requires MCS-90)
VLP3 Transporter S1,000,000(Requires MCS-90)
BLL Bailee Liab. Maximum Value of County Property that
will be in the Bailee's posession.
HKLI Hangarkeepers $ 300,000
HKL2 Liability $ 500,000
HKL3 - S 1,0ao,000
HKL4 $ 5,000,000
AIRI Aircraft $ 1,000,000
AIR? Liability $ 5,000,000
AIRS $50,000,000
AEO1 Architects Errors $ 250,000 per Occurrence/$ 500,000 Agg.
AEO2 &Omissions $ 500,000 per Occurrence/$1,000,000 Agg.
AEO3 $ 1,000,000 per Occurrence/$3,000,000 Agg.
AEO4 S 3,000,000 per Occurrence/$5,000,000 Agg.
ARP All Risk Property Full Replacement Value of Structure
EOI Engineers Errors $ 250,000 per Occurrence/$ 500,000 Agg.
E02 &Omissions S 500,000 per Occurrence/S 1,000,000 Agg.
E03 $ 1,000,000 per Occurrencer$2,000,000 Agg.
E04 $ 5,000,000 per Occurrence/S 10,000,000 Agg.
WLI Water Craft $ 500,000 per Occurrence
WL2 Liability $ 1,000,000 per Occurrence
Administrative Instniction 7500.7
9
LED Lighting Upgrade for Key Largo & Key West Libraries
circumstances that occur during the term of this Agreement,this section will survive the expiration
of the term of this Agreement or any earlier termination of this Agreement.
In the event that the completion of the project (to include the work of others) is delayed or
suspended as a result of the Contractor s failure to purchase or maintain the required insurance,
the Contractor shall indemnify the County-from any and all increased expenses resulting from
such delay. Should any claims be asserted against the County by virtue of any deficiency or
ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and
warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses
occurring thereby and shall further defend any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for the above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this AGREEMENT.
PROPOSER'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and ill comply in full
with all of the requirements herein. I fully accept the indemnification and • - armless and duty
to defend as set out in this proposal.
Florida Keys Electric. Inc.
PROPOSER Signature
INSURANCE REQUIREMENTS AND FORMS 00130-Page 42 of 181
LED Lighting Upgrade far Key Largo&Key West Libraries
INSURANCE AGENT'S STATEMENT
theabove. The fallow
I have reviewed the above requirements with proposer named trig
deductibles apply to the corresponding policy.
POLICY DEDUCTIBLES
• I
GENERAL LIABILITY $500 PROPERTY DAMAGE
AUTOMOBILE LIABILITY NONE
UMBRELLA $10,000
Liability policies are X Occurrence Claims Made
_'r%.'
ACRISURE t1C OBA GULFSHORE INSURANCE
Insurance Agency Signature
BIDDERS STATEMENT
I understand the insurance that will be mandatory if awarded the contract Pill omply in full
with all the requirements.
uez -4.eslcient A__r-.wQajmorici
is Name and T Strati re
Company Name: 1��0�__�. _� �._�LQ,c-i%i_C ! ,� YlC
INSURANCE REQUIREMENTS AND FORMS 00130-Page 43 of 1B3