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Item S8 S.8 G BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia Murphy,District 5 The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1 �pw° Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 County Commission Meeting July 17, 2019 Agenda Item Number: S.8 Agenda Item Summary #5768 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Keith Bring (305) 292-4523 N/A AGENDA ITEM WORDING: Approval to award the contract for the Big Pine Key Community Park ball field and bocce court lighting repairs for $333,770.00 to Electrical Contracting Service, Inc.. Repairs are for Hurricane Irma damage. ITEM BACKGROUND: On September 10, 2017 Hurricane Irma caused damages to the lighting at Big Pine Key Community Park. The current lighting is no longer manufactured so all of the fixtures will be replaced with Musco lights. A request for proposals for this lighting work was publicly advertised. Three proposals were received. Electrical Contracting Service, Inc. is the lowest bidder. PREVIOUS RELEVANT BOCC ACTION: 6/20/18 - BOCC approved advertisement of any required solicitations or proposals for repairs, work, or services resulting from damage to County facilities as a result of Hurricane Irma and authorization to proceed with such repairs, work, and service. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval of contract. DOCUMENTATION: Agreement - Electric Contracting Service, Inc. (revised final -legal stamped) Insurance Requirements & Forms FINANCIAL IMPACT: Effective Date: 7/17/2019 Expiration Date: TBD Packet Pg. 3408 S.8 Total Dollar Value of Contract: $333,770.00 Total Cost to County: $41,721.25 Current Year Portion: $333,770.00 Budgeted: Hurricane Irma Source of Funds: 125 0459110 IRMONRG1 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: Yes County Match: 75% Federal; 12.5% State; 12.5% County Insurance Required: Yes Additional Details: 125-0459110 07/17/19 125-0459110 - HURRICANE IRMA $333,770.00 REVIEWED BY: Ann Mytnik Completed 07/08/2019 2:06 PM Cary Knight Completed 07/08/2019 2:20 PM Chris Ambrosio Completed 07/08/2019 3:45 PM Budget and Finance Completed 07/09/2019 2:44 PM Maria Slavik Completed 07/09/2019 4:37 PM Kathy Peters Completed 07/09/2019 6:04 PM Board of County Commissioners Pending 07/17/2019 9:00 AM Packet Pg. 3409 S.8.a Big Pine Community Park Pole Lighting Repairs S SECTION 00600 AGREEMENT Agreement CL Between Owner and Contractor CL a Where the basis of payment is a STIPULATED SUM 0 c� AGREEMENT Made as of the 1 VI day of July, 2019 CL BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 U) And the Contractor: Electrical Contracting Service, Inc. 2375 West 77 Street Hialeah FL, 33016 a 2 For the following Project: Big Pine Community Park Pole Lighting Repairs Scope of the Work 0 0) The Scope of Work shall include, but not be limited to, all work shown and listed in the Project Documents and Specifications. The Contractor is required to provide a complete job as contemplated by the documents and specifications, which are a part of this bid package. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies, 0 permits and any other means of construction necessary or proper for performing and completing the Scope of Work„ unless otherwise specifically stated. Lighting Performance • Guaranteed light levels per design • BaliTrackerlm technology—targeted light,optimizing visibility of the ball in play with no glare in the players'typical line4of-sight a Baseball only 0) System Description • Factory wired poletop luminaire assemblies • Factory aimed and assembled luminaries c, • Factory wired and tested remote electrical component enclosures AGREEMENT 00500- Page i of 255 Packet Pg. 3410 S.8.a Big Pine Community Park Pole Lighting Repairs • Pole length,factory assembled wire harnesses CD • Mounting hardware for poletop luminaire assemblies and electrical components enclosures • Disconnects • UL Listed as a system 0 Control Systems and Services CL • Control-Link*system with contractors for remote on/off control and performance monitoring with 24/7 customer support Operation and Warranty Services • Reduction of energy and maintenance costs by 50%to 85%over typical 1500W metal halide equipment o • Product assurance and warranty program that covers materials and onsite labor,eliminating 100%of costs for 10 years, Contractor's Responsibilities E 2M 1) Provide layout of pole locations, aiming diagram, and associated designs. 2) Provide pole inspection and survey of existing poles for height, size, and location. 3) Provide required TLC-LED equipment. 4) Provide Project Management and assistance as needed. 5) Provide light test upon completion of work. 6) Remove and dispose of existing lighting fixtures and electrical enclosures on (22)existing sports lighting poles and (12)existing parking lot poles. This will include the recycling of lamps, � aluminum reflectors, ballast and steel as necessary. 7) Leave the existing grounding wires and power feed in place for reattachment to the new equipment... 8) Provide adequate trash container for cardboard waste and packing debris. 9) Provide storage containers for material, including electrical enclosures. 10) Provide adequate security to protect delivered products from theft, vandalism or damage during the installation. 11) Provide equipment and materials to off load equipment at jobsite per scheduled delivery. 12) Obtain any and all required permits. 13) Locate existing underground utilities and irrigation system so as to avoid damage from construction equipment. Repair any such items damaged during construction. 14) Provide electrical design. 15) Provide materials and equipment to upgrade existing electrical service panels per electrical design. co 16) Provide materials and equipment to replace all below grade splices on pole feederwiring. 17) Ground the new product on poles per NFPA 780 and NEC code. This will include grounding of the electrical enclosures and remote light fixture cross arms. Existing lightning protection to be verified and repaired as needed to comply with product warranty. 18) Install electrical enclosures and fixtures on existing poles and terminate power feed. Power feed 0 may need to be reworked to adapt to the new lighting equipment. 2 19) Provide materials and equipment to wire and terminate drivers to TLC-LED fixtures and parking lot fixtures. 20) Provide materials and equipment to install the product supplied Lighting Contactor Cabinet(s) and commission Control Link once the entire system is energized. 21) Keep all heavy equipment off of playing fields and surfaces whenever possible. Use due care to minimize damages when playing surface access is required. 22) Jobsite to be returned to condition existing prior to construction of lighting system. 23) Conduct system startup and additional aiming as required. AGREEMENT 00500- Page 2 of 255 Packet Pg. 3411 S.8.a Big Pine Community Park Pole Lighting Repairs Base Ball Field: • 5 Light Poles • Remove and Replace Light Fixtures Basketball Court/ Hockey Rink: • 4 Light Poles • Remove and replace Light Fixtures Tennis Court&Skate Park Area • 8 Light Poles • Remove and Replace Light Fixtures BOCCE Ball Area • Remove and replace 4 light fixtures • Relocate or add 2 Light Poles to cover current courts Parking Lot • 12 Light Poles • Remove and Replace Light Fixtures 21 • 05Q area luminaires-Parking M U) Lighting System �1 ifs 1 TLC BT 1200 7-- LC-BT-576 A ... . . TLC LED 575 ..A rw 1 TLC LED-1200 ABA1 �., .,. ..TLC L Ci L2 5012C�0 A1, 16 TLCB D-600 .......... ..50 3 TLC•LEDS75 A P4 35' 35 .,, 2 TLC LED-400 5 u akW E 0 kW D T1 T3 T5 35' 35' 2 TLC-LED400 0.80 kW 2 °.35 6-400 50 kW D T2 ) 1 TLc LED-400 0 4 T4 T6 35 35 2 TLc L E ®kW C (� .,�, w"L1 "d1 tr.�o xw„ Dui^ .-mew 7�yv 22 6 BasketbaVl 12 d®, ... C Tenrsls 1®2 12 C Park 5 E ..... B Ball 3,21 8 EkaEe TLC•LED-1200 LED 5700K-75 CRI 12369W 132,30 �81„00 �81,00 �81,,00 18 � ^ TLC LED-600 LED 5700K•75 CM 5e0W 65,6o0- �°810rJ �Bi„00 �°S100 12 .TLc LED 400 LED 5. .. r...M„,. 7001G°75 CRI 40OW 46 500 �81„®0 �131,,00 � 1.µ... ...dd 25 0 TLC BT 575 LED 5700K 75 CM 5 1 m.. 1, gt 7SW 52OOCi �6t QO '�S1 00 �51u00 � 4 ............... .,0... . .. ,,,.. 0 d. ..... ...... . . ..... AGREEMENT 00500- Page 3 of 255 Packet Pg. 3412 S.8.a Big Pine Community Park Pole Lighting Repairs E Light Level Summary Grid�MlN �iVs'�'",,"'",.' Via¢ �I ii CkcuFts �u CL Basketball 1 N ontal II„ rm,n 3 � 5 � �luminance 47.1 38 52 6 1 39 1 24 8 12 Basketball 2 Horizontal Iduminan 34.5 28 398 142 123 B 12 CL Basketball 3 Horizontal Numinance 471 38 526 139 124 B 12 >1 Bocce Ball Horizontal Numinance 31.3 21.7 41 1 1 89 144 .. 8_k Skate Park Horizontal Illuminance 201 11 314 286 1 83 D 5 Sorib fl Weld) Horizontal Illuminance 58 437 G 667 1 53 1.33 A 22 Spill PL.l, ,..., Horizontal izo ..ll . , ... . __. . ... .. . ...... 1 3 ..., 0 w. orizontal Illuminance 42 5 32 2 53 7 167 1 32 A 22 Softball(Out IL Horizontal 0.01 0 004 2225044 A B C D.E N 59 � w Spill Q PL Max Candela(by Future) 926 4 i6 7132 171430 22256 8 A,B C,D,E 59 p Max Vertical Illuminance Metric 0.03 0 016 719170 ABODE 59 4) Tennis 1.2 Horizontal Illuminance 368, 28 2 �. 46 3 64 1 30 .C. 12.. . CL . .., .. 1 _.. ... ... 131 M U) M E 4- 2 ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Documents, Specifications„ Proposal Documents, Addenda issued prior to execution of this Agreement, together with the response to RFP and all CO 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 0 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: NIA AGREEMENT 00500- Page 4 of 255 Packet Pg. 3413 S.8.a Big Pine Community Park Pole Lighting Repairs 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 E the milestone schedule. 0 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 31 ST DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under$50,000.00 $50.001Day $100.00/Day $250.00/Day $50,000.00-99,999.00 100.001Day 200.001Day 750.001Day U) $100,000.00-499,999.00 200.001Day 500.001Day 2,000.001Day $500,000.00 and Up 500.001Day 1,000.001Day 3,500.001Day S The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. a ARTICLE 4 Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Three Hundred Thirty Three Thousand Seven Hundred Seventy and 001100 co 0) Dollars ($ 333,770.00 ), 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 0 the Contract Documents and are hereby accepted by the Owner: 0 . 4.3 Unit prices, if any, are as follows: Alternate#1- Bid pricing is for adding in two (2) additional light poles consistent with the current light poles on property, at the southeast and northeast portions of the Bocce Ball Courts, install lighting on these poles, and include all wiring and hardware. E $ Thirteen Thousand Four Hundred Fifty Dollars 00/100 (Total Alternate#1-words) ' $ 13,450.00 (Total Alternate#1— numbers) AGREEMENT 00500. Page 5 of 255 Packet Pg. 3414 S.8.a Big Pine Community Park Pole Lighting Repairs S " 0 CL CL I E CL v wr; "ti,w 2) E �� n ' bra. "j ,;,� ✓r `� i. �f ie I I U) ,� Gig if as S 1 acknowledge Alternates as follows; Alternate 1 bid pricing is for adding in two (2) additional light poles consistent with the current light poles on property, at the southeast and northeast portions of the Bocce Ball Courts, install lighting on these poles, and include all wiring and hardware. Alternate#2-Trench and Install New Conduit per 10' Feet 2 $ One Hundred Seventy Dollars 00/100 CO (Total Alternate#2-words) S $ 170.00 (Total Alternate#2— numbers) 0 a AGREEMENT 00500- Page 6 of 255 Packet Pg. 3415 S.8.a Big Pine Community Park Pole Lighting Repairs S ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Director of a. 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. 2M 5A 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 U) 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. 2 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 0 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 S 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 0 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. 0 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; E 5.6.3 Subtract the aggregate of previous payments made by the Owner; and AGREEMENT 00500- Page 7 of 255 Packet Pg. 3416 S.8.a Big Pine Community Park Pole Lighting Repairs S 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), a. 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 CL 2M 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 U) 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: S 4- (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) 0 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). 0 B. Operating and maintenance data, instructions to the Owner's personnel. C. Warranties, bond and guarantees. D. Keys and Keying schedule. 0 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). AGREEMENT 00500- Page 8 of 255 Packet Pg. 3417 S.8.a Big Pine Community Park Pole Lighting Repairs S ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or 0. 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. 0 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 a. 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 U) 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. 2 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 0 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. 0 a 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 shall be retained for a E 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, AGREEMENT 00500-Page 9 of 255 Packet Pg. 3418 S.8.a Big Pine Community Park Pole Lighting Repairs 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 a. 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 a. 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 CO 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. M U) 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 therebyr 4- 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 2 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. 0 CO 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 S 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 0 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. AGREEMENT 00500- Page 10 of 255 Packet Pg. 3419 S.8.a Big Pine Community Park Pole Lighting Repairs 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, 2 0 0. 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. t� 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. M j) Nondiscrimination. The parties agree that there will be no discrimination against any U) 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 prohibits 2 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; 0 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 S 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 0 §§ 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 0 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. E AGREEMENT 00500-Page 11 of 255 Packet Pg. 3420 S.8.a Big Pine Community Park Pole Lighting Repairs 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 a. Opportunity, Department of Labor),. See 2 C.F.R.. Part 200, Appendix 11,¶C, agrees as follows: ° 1) The contractor will not discriminate against any employee or applicant for o 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, 0 sexual orientation, gender identity, or national origin. 3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or 6 applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant... This provision shall 0 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 E 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 0 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 E 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. AGREEMENT 00500- Page 12 of 255 Packet Pg. 3421 S.8.a Big Pine Community Park Pole Lighting Repairs 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. 0 6) The contractor will furnish all information and reports required by Executive CL 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,, E regulations, and orders. 0 c� 7) In the event of the contractor's non-compliance with the nondiscrimination e 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 a. 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. U) 8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) 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 0 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 co the United States to enter into such litigation to protect the interests of the 0 United States. 0 k) Covenant of No Interest. County and Contractor covenant that neither presently has 0 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 E 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. AGREEMENT 00500- Page 13 of 255 Packet Pg. 3422 S.8.a Big Pine Community Park Pole Lighting Repairs 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 0. 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. 0 n) Public Access. 0 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 a. 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 CO 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 U) 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. 2 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: 0 CO (1) Keep and maintain public records that would be required by the County to perform the service. S (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 0 within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public E 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 AGREEMENT 00500- Page 14 of 255 Packet Pg. 3423 S.8.a Big Pine Community Park Pole Lighting Repairs 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 a. 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. a. 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 U) 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. 2 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 0 OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. S 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 0 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, 0 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 E functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. AGREEMENT 00500- Page 15 of 255 Packet Pg. 3424 S.8.a Big Pine Community Park Pole Lighting Repairs CD S 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 0. 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. M s) Attestations. Contractor agrees to execute such documents as the County may U) 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 2 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 0 may execute this Agreement by signing any such counterpart. S 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 0 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 E 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 AGREEMENT 00500- Page 16 of 255 Packet Pg. 3425 S.8.a Big Pine Community Park Pole Lighting Repairs 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 F. S. 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 a. 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 Contractors failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all o increased expenses resulting from such detay. 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 a. and shall further defend any claim or action on the County's behalf. In The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. M FDEIVI Indemnification U) 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. 2 a� 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. 0 co 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. 0 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 0 the Agreement. In this regard, all recipients and contractors shall take all necessary 2 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 E basis of race, color, national origin or sex in award and performance of contracts, entered pursuant to this Agreement. AGREEMENT 00500- Page 27 of 255 Packet Pg. 3426 S.8.a Big Pine Community Park Pole Lighting Repairs S 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 2 County. In addition, the Contractor specifically agrees that all agreements or contracts 0. o 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 o Project. Right to Audit Availability of Records. The records of the parties to this Agreement relating to the a. 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 U) 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" 0 representatives. All records shall be kept for ten (10) years after Final Completion. S 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: 0 a For Contractor: Electrical Contracting Service, Inc. 2375 West 77 Street Hialeah, Florida 33016 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 E AGREEMENT 00500-Page 18 of 255 Packet Pg. 3427 S.8.a Big Pine Community Park Pole Lighting Repairs 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 11 to 2 C.F.R. Part 200, as amended, including but not limited to: 7.8.1 Clean Air Act and the Federal Water Pollution Control Act. CONTRACTOR agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) 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). 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 a. 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 U) 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. 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 co Work Financed in Whole or in Part by Loans or Grants from the United States"). As S required by the Act, each CONTRACTOR or sub recipient 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. 0 a 1} 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. 2) Subcontracts. The CONTRACTOR or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate E 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. AGREEMENT 00500- Page 19 of 255 Packet Pg. 3428 S.8.a Big Pine Community Park Pole Lighting Repairs 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.C. 3701-3708).Where applicable, a. 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 CL 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 sub recipient 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 sub recipient 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 Clean Air Act(42 U.S.C. 7401-7671q.).Water Pollution Control Act(33 U.S.C. 1251-1387) as amended. Contracts and sub grants of amounts in excess of $150,000 must comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the co Regional Office of the Environmental Protection Agency (EPA). 0) S 7.8.6 Debarment and Suspension (Executive Orders 12549 and 12689). 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 0 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and .2- 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. 7.8.7 Byrd Anti-Lobbying 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- AGREEMENT 00500-Page 20 of 255 Packet Pg. 3429 S.8.a Big Pine Community Park Pole Lighting Repairs 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. 2M 7.8.8 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 CPR 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. 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:llwww.epa.gov/smm/comprehensive-procurement-quideline-cpq-program. Other Federal Requirements (as applicable): , 7.8.9 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. 2 7.8.10 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 2 agree to ensure that DBE's have the opportunity to participate in the performance of this 0 Agreement. In this regard, all recipients and contractors shall take all necessary and 0) 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 0 in the 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, E 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; AGREEMENT 00500-Page 21 of 255 Packet Pg. 3430 S.8.a Big Pine Community Park Pole Lighting Repairs 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 2' j quantities to permit maximum participation by small and minority businesses, 0 and women's business enterprises; a. 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's a. 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. E 7.8.11 The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E-Verify a. system to verify the employment eligibility of all new employees hired by the ca 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. 7.8.12 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. 7.8.13 Access to Records. The following access to records requirements apply to this contract: 2 (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 co any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (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. 0 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) and attached hereto as Exhibit"A". 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 extend allow and required by law. AGREEMENT 00500- Page 22 of 255 Packet Pg. 3431 S.8.a Big Pine Community Park Pole Lighting Repairs ARTICLE 8 Termination or Suspension 2M 8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General 2 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 days' written notification to the CONTRACTOR. B. Either of the parties hereto may cancel this Agreement. without cause by giving the 0 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 a. 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. 2 0 co 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 0 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 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 E 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 AGREEMENT 00500- Page 23 of 255 Packet Pg. 3432 S.8.a Big Pine Community Park Pole Lighting Repairs 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. a. 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 0 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 9.1I The Contract Documents, except for Modifications issued after execution of this U) Agreement, are enumerated as follows: a) Drawings: None S 4- b) Project Manual: None 2 c) Documents: Photos 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor„ 9.12 The General Conditions are the General Conditions of the Contract for Construction. 0 co 0) 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the S Project Manual dated: None 9.1.4 The Addenda„ if any, are as follows: 0 a Number Date Page 1 May 29, 2019 2 June 3, 2019 3 June 11, 2019 0 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 E SIGNATURE PAGE TO FOLLOW AGREEMENT 00500- Page 24 of 255 Packet Pg. 3433 S.8.a Big Pine Community Park Pole Lighting Repairs 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. 2M (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman Date (SEAL) 0 CONTRACTOR'S Witnesses Attest: CONTRACTOR: ELECTRICAL CONTRACTING SERVICE, INC. Contractor must provide two witnesses signatures Signature: Signature: Print Name: Print Name: Title: U) Title: Date: Date: and a Signature: MONROE COUNTY ATTORNEY'S OFFICE � APIROVEQ AS TO F R Print Name: PATRICIA EABLES 2 ASSISTANT COUNTY ATTORNEY Title: DATE- .,.p m, ,.. M co Date: STATE OF FLORIDA, COUNTY OF 0 On this day of , 20_, before me, the undersigned notary publics, personally appeared known to me to be the person whose name is subscribed above or who produced as identification, and acknowledged that he/she is the person who executed the above contract with Monroe County for Big Pine Community Park Pole Lighting Repairs for the purposes therein contained. 0 Notary Public Print Name My commission expires: Seal E End of Section 00500 AGREEMENT 00500- Page 25 of 255 Packet Pg. 3434 S.8.a Big Pine Community Park Pole Lighting Repairs GENERAL REQUIREMENTS Where Project Management is Not a Constructor 2M 0 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 o Section 01030 Alternates Section 01040 Project Coordination Section 01045 Cutting and Patching Section 01050 Field Engineering Section 01200 Project Meetings 2' 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 co Section 01700 Contract Closeout Section 01710 Final Cleaning Section 01720 Project Record Documents Section 01730 Operation and Maintenance Data 0 Section 01740 Warranties GENERAL REQUIREMENTS Page 26 of 255 Packet Pg. 3435 S.8.a Big Pine Community Park Pole Lighting Repairs Section 00750 S General Conditions of the Contract for Construction Where Project Management is Not a Constructor a 0 c� Table of Articles 2M 1. General Provisions 2. Owner 3. Contractor 4. Administration of the Contract 5. Subcontractors 6. Construction by Owner or By Other Contractors 7. Changes in the Work 8, Time 9. Payments and Completion 2 10, Protection of Persons and Property 11. Insurance and Bonds 12, Uncovering and Correction of Work 13. Miscellaneous Provisions 14. Termination or Suspension of the Contract co 0) S 0 c� a GENERAL CONDITIONS Page 27 of 255 Packet Pg. 3436 S.8.b BIG PINE COMMUNITY PARK POLE LIGHTING REPAIRS SECTION 00130 INSURANCE REQUIREMENTS AND FORMS MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES General Insurance Requirements for Construction Contractors and Subcontractors Prior to the commencement of work governed by this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Sub-Contractors engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. 0 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 0 Contractor's 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 a. 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 U) failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor will be held responsible for all deductibles and self-insured retentions that may be U) contained in the Contractor's Insurance policies. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: a Cr • 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 U) policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. INSURANCE REQUIREMENTS AND FORMS 00130-Page 47 of 312 Packet Pg. 3437 S.8.b BIG PINE COMMUNITY PARK POLE LIGHTING REPAIRS 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. a S 2M 0 CL CL 0 0 CL E 0 a Cr 0 INSURANCE REQUIREMENTS AND FORMS 00130-Page 48 of 312 Packet Pg. 3438 BIG P ITY PARK POLE LIGHTING REPAIRS 'WORKERS' COM RENSATION INSURANCE REQUIREMENTS FOR Big Pine Cornmunit Park Pole Lighting Repairs BETWEEN MONROE COUNTY, F�LORIDA AND .2 S Prior to the commencement of or govemed by this contract, the Contractor shaH obtain .T Workers' Compensation Insurance with firnits sufficient to respond to the appficaUe state StatUtes and the requirements of Florida Statute,s, Chapter 440. 0 In add ition, the Contractor sl-mH obtain Ernployers' Liability Insurance with Iimits of not less than- CL $500,000 Bodfly IIIJUry by Accident $500,0 00 BodHy lr�ILjry by Disease, policy 4mits $500,000 Bodily hl Ury Iby Dsease, each employee E E 0 Coverage shall be rnaintained throughout the enfireterm of the contract, Coverage shall be provided by a company or companies aUthorized to transact buskiess, in the state of Florida, If the Contractor has been approved by the Rorida's Department of ILabor, as an authorized self- insUrer, the County shall recognize and honor the Contractor's statLIS. "The Contractor may be U) required to submIt a Letter of Autho6zafl0fl iSSUed Iby the DepartMent of Labor and a Certificate E of InSUrance, providing details on the Contractor's Excess Insurance Prograrn. 0 U- 06 If the Co�ntractor participates irn a seff-irisiurance furid, a certificate of Insurance will be required, U) In addition,, the Contractor rnay be required to submit updated financial statements from the fund m.ipon re(.JLI(St frOM fl"e County. E Cr E -l "E-Q—U C—RE M E—1qTS-"A"-,-N--- 0-013 0-—Page.......4-9 o—f3 1.2- 1 Packet Pg. 3439 S.8.b B IG PINE COMMUNITY PARK POLE LIGHTING REPAIRS GENERAL UABIL[TY INSURANCE REQUIREMENT'S FOR Big Pine Community Park ale ugming Repairs uuairs BETWEEN M014ROE COUNTY, FLORIDA D ° 2M Prior to the commencement mencement of w rk go err°ued b,ythis contract,the Contractor shall obtain General Liability lruaurance.. Coverage shall be main'tained throughout the life of the contract and include, as a r uinimuruwm: a. 0 D rernisea Operations I rc a cls and Completed Operations Blanket Contractual Liability Personal InJuwury Liability t� The rniu°uimum IirnKs acceptable shall e: � E a. 2M 500,WI00 Combined ingle Limit ca U) E n Occurrence Form policy is, preferred. It coverage is provided on a Claims Made p ol'icy, its 0 provisions should include coverage for claims tiled on or after the effective date of this contract. 06 Iru addition, the period for which clairrua may be reported should extend ,ter a minimum ct twelve ('1 ) months, following the acceptance of wor1c by the County. � 2 The Monroe County Board of Cotinty Commissioners shall be named as Ad itur u'wdi InSLAre I on all policies issued to satiat°y the above requirements. Cr INSURANCE REQUIREMENTS N FORMS 00130- Pag,e.50 of Packet Pg. 3440 BIG PINE COMMUNITY PARK POLE LIGHTING REPAIRS VEHICLE LIAB11.17-Y INSURANCE REQUIREMENT'S FOR Big Pine Commuinity Park Pole Lighting Repairs BE'IWEEN MONROE COUNTY, FLORIDA A14D S 2M Recognizing that the work governed by this contract requires the rase of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle UaNfity (Insurance. Coverage shall be 0 CL maintained throughout the life, of the contract and Mcfi.ide, as a rNni=rn, flaNfity cov era getor: Owned, Non-Owned, and Hired Vehicles 'rhe minimuni fimfts acceptable shall be, E $1,000,000 Combined Single Urnit(C".SL) E 0 If split limits are provided, tfie minimurn limits acceptable shall be: $500,,000 per Person $1,000,000 per Occurrence $100,,000 Property Damage 2M ca 11"ie Monroe County Board of County,Cornrn�ssioners shall be named as AddffionM bisured ors all plolicies issued to satisfy the above reqWrements, 0 U- E Cr E INSURANCE REQWREMENTS AND FORMS 00130- Page 51,of 312 Packet Pg. 3441 S.8.b BIG PINE COMMUNITY PARK POLE LIGHTING REPAIRS PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Worker's Compensation Statutory Limits Employers Liability $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease Policy Limits $500,000 Bodily Injury by Disease, each employee a General Liability, including $500,000 Combined Single Limit Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability 0 a. Vehicle Liability (Owned, non-owned, and hired vehicles) $100,000 Combined Single Limit CL If split limits are preferred: $50,000 per Person $100,000 per Occurrence $25,000 Property Damage 0 The contract shall require a Public Construction bond equal to the contract cost. The bond must be issued by an A rated surety company doing business in the State of Florida. 2M Hold Harmless and Indemnification. Notwithstanding any minimum insurance requirements U) 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 0 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 E in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or Cr 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 F. S. 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. INSURANCE REQUIREMENTS AND FORMS 00130-Page 52 of 312 Packet Pg. 3442 BIG PINE COMMUNITY PARK POLE LIGHTING REPAIRS In the event that tine conipiefion of the project (to include the work of others,) is delayed or suspended as a resent of the Contractor s failure to purchase of, maintain the required inSUrance, the Contractor shaH indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the Counity by virtue of any deficiency or ambiguity hi the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Cointr,actor shall hold the County harryfless, and shall indemnify it from all losses OCCUrring thereby and shall further defend any cWm or action on the County' behalf, The first ten doiLars ($10,00) of rernUneration paid to the Contractor is for the indemnification provided for the above. .2 'rhe extent of HaNflty is in no way limited to, reduced, or lessened by the iron suranGe requirements contained elsewhere within this AGREEMENT, S FDEM Indemnification 2M To the fulIest extent permitted by law, the Contractor ,shell' indernnify and hold harmless the Agency, the State of Florida, Department of Emergency, Management, and its officers and ernployees, from liabilities, darnages, Imsses and costs, including, but n,ot 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 ContracL E This indern n 1fi cation shall SUrvive the termination of this Contract. Nothing contained in this E 0 paragraph is intended to nor shall it constitute a waiver of the State of Florida and the (County) Agency's sovereign irnmUnity, CL .2) ca PROPOSER'S STATEMENT U) E 0 1 understand the irmurance that Will be mandatory if awarded the contract and will compiy in ftdi U- with all of the requirements herein, I fully accept the indemnification and hold harmless and duty 06 U) to defend as set OUt in this proposal. E Cr PROPOSER Signature U) E -Fpli-SUR—AN-,-C-E—R-EQ—t"l-i-R-E,--M-,E—NTS—AI14D--F-O—R-M--S----,--,-------"0-,O-l�3-0-—Page-,S-3--of 3-12 1 Packet Pg. 3443 BIG PINE COMMUNITY PARK POLE LIGHTING REPAIRS INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the proposer named above. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES .2 General Liability $5000, S 2M Business Auto $1.0oo -j .2 0 Liability policies are Occurrence Claims Made E E 0 RSC Insurance Brokerage J- Insurance Agency Signature 2M E 0 U- E Cr E INSURANCE REQUIREMENTS AND FORMS O�O 130-Page 54 of 312 1 Packet Pg. 3444 TE AC40REF® CERTIFICATE OF LIABILITY INSURANCE DA 6117120119 b 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 POLICIEC BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the pol(cy(tes)must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement or this certificate does not confer rights to the certificate holder In lieu of such endorsemen s. CT PRODUCER Risk Strategies Company CNAME 3250 N.29th Ave PHONE FAX 954-963-6666 Alc No): 954-963-977( Hollywood, FL 33020 EMAIL ADDRESS: aiuce risk-strat ies.Com INSURER(S)AFFORDING COVERAGE NAIC 0 4) INSURER A: Gemini Insurance Company 10833 4) INSURED cal Contracting Service, Inc. INSURERB: Commerce and Indus Insurance 19410 Electri2375 West 77 Streef INSURER Phoenix Insurance Company 25623 Hialeah FL 33016 INSURER : American Zurich Insurance Company 40142 INSURER E INSURER F• _ COVERAGES CERTIFICATE NUMBER: 49327125 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOC 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. O ILTR Q. TYPE OF INSURANCE ADDL SUER ima POLICY NUMBERPOLID EFF Pb11DDY EXP LIMITS A ✓ COMMERCIAL GENERAL.LIABILITY ,� ✓ VGGP003035 1/1/2019 1/1/2020 EACH OCCURRENCE $1000000 GE TO RENTED Q. CLAIMS-MADE F OCCUR PREMISES Ee occurrence $50000 J ✓ BUPD Ded:5,000 MED EXP(Any one person) $5000 PERSONAL&ADV INJURY $1000000 E GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2000000 O POLICY E PRJECTO- LOC PRODUCTS-COMP/OP AGG $2000000 (, POTHER: $ cr D AUTOMOBILE LIABILITY ✓ ✓ BA9053R96718SEL 9/17/2018 9/17/2019 e D SINGLE LIMIT $1600000 ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) E Q. AUTOS ONLY AUTOS PROPERTY DAMAGE ✓ AUTOS ONLY ✓ AUTOS ONLY Per accident $ Personal Iniury Protect $10 000 B UMBRELLALIAB EBU061213215 3/26/2019 3/26/2020 EACH OCCURRENCE $4000000 U) ✓ OCCUR ✓ EXCESS LIAB CLAIMS-MADE AGGREGATE $4000000 DED RETENTION$ Excess over GL$Auto § LL WORKERS COMPENSATION TH AND EMPLOYERS'LIABILITY YIN STATUTE ER ANYPROPRIETORIPARTNERIF_XECUTIVE ❑ N r A E.L EACH ACCIDENT $ r_ OFFICERIMEMBEREXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under OS DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT $ C Equipment Floater 45471364 1/1/2019 1/1/2020 $392,346 Covered Equip Rented/Leased Equipment $250,000 Aggregate Cr Deductibles $1.000 AOP DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Monroe County is an Additional Insured. U) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI Monroe County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED R 1100 Simonton Street ACCORDANCE WITH THE POLICY PROVISIONS. Key West FL 33040-3110 AUTHORIZED REPRESENTATIVE Michael Christian ` ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 3445 49327125 1 ELEC01 1 2019 Revised Master I Susan LaRue 1 6/17/2019 2:25:51 PM (EDT) I Page 1 of 2 AGENCY CUSTOMER ID: ELEC01 LOC#: ACC>R o ADDITIONAL REMARKS SCHEDULE Page of_ AGENCY NAMED INSURED Risk Strategies Electrical Contracting Service,Inc. egies Company 2375 West 77 Street POLICY NUMBER Hialeah FL 33016 CARRIER NAIL CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE:Certificate of Liability(03/16) HOLDER: Monroe County e' ADDRESS: 1100 Simonton Street Key West FL 33040-3110 Certificate Holder is included as Additional Insured under General Liability Policy when required by written contract per End #CG2010 (04/13) and End #CG2037 (04/13) on a Primary and Non-Contributory basis per End #CG2001 (04/13) . Blanket Waiver of Subrogation applies in favor of certificate holder under General Liability Policy as required by written contract per End #CG2404 (05/09) . Blanket Additional Insured and Waiver of Subrogation apply to Commercial Auto Policy as required by written contract per End #CAF079 (04/07) . 0 30-Day Notice of Cancellation. a 0 C) E U) E 0 06 U) r_ 0 a Cr U) ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 3446 49327125 1 ELEC01 1 2019 Revised Master I Susan LaRue 1 6/17/2019 2:25:51 PM (EDT) I Page 2 of 2 S F CERTIFICATE OF LIABILITY INSURANCE DATsr2o/2o198.b THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES.NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER SUNZ Insurance Solutions, LLC ID: (Decision HR) _NAME; Cortney_HHorn_--___ CIO Decision HR PHONE - 888-825-5511 (AlC,N�: FAX 11101 Roosevelt Blvd !J E °E�tr Saint Petersburg, FL 33716 Carts@�ecisionHR_com INSURER(S)AFFORDING COVERAGE_ _ �- NAIC it _ INSURERA_ United Wisconsin Insurance COMDany _. 29157 INSURED INSURER B:- - - -- -- _...-- --- - Decision HR Holdings Inc. - - -�- -- --- -- 11101 Roosevelt Blvd. N. iNSURERC: Saint Petersburg FL 33716 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 48792639 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD _ INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 4) EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEIJ REDUCED BY PAID CLAIMS. Ct -•-------- - --------- _ .- CL INS-: — ADDL SUBRI ' POLICY EFF ; POLICY EXP ! LIMITS LTR TYPE OF INSURANCE NSD wvD; POLICY NUMBER :(MMIDDIYYYY AIMIDOIYYYYI COMMERCIAL GENERAL LIABILITY `. EACH OCCURRENCE __ S_ DAI-r1AGE TO RENTED CL CLAIMS-MADE OCCUR ; PREIIIISES IEjk occurrence ;S - -- J MED EXP(Any one person) S - PERSONAL&ADV INJURY S ._.......-—-- --._. ...-_--- - GEN L AGGREGATE LIMIT APPLIES PER: _GENERAL AGGREGATE !S -_ PRO PRODUCTS-COMPIOP AGG S O LOC - _ 40 POLICY:_JECT -- OTHER: S y AUTOMOBILE LIABILITY COMffJNED SINGLE LIMIT S i I ,_(Eaaccidentl __. ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED BODILY INJURY(Per accident) S CL AUTOS ON _ 'AUTOS HIRED PROPERTY DAMAGE S NON-OWNED, AUTOS ONLY AUTOS ONLY ' EACH OCCURRENCE S UMBRELLALIAB OCCUR ' EXCESSUAB CLAItvIS•h1ADEi AGGREGATE - -^ S — L- S UL DED RETENTIONS 06 A 'WORI(ERSCOMPENSATION !WC518-00001-019-SZ i 6/1/2019 ;6/1/2020 �I 9TATUTEE __ ER 1�' !ANDEMPLOYERS'LIABILITY YIN 'WC518-00001-018 6/1/2018 6/1/2019 ANYPROPRIETOR/PARTNERIEXECUTIVE I E.L.EACH ACCIDENT S1.000.000 OFFICEREFJBEREXCLUDED? �N !NIA Mf I(Mandatory in NH) i E.L.DISEASE EA EMPLOYER S 1 OOO,OQQ Ues,describe under r— SCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1.000.000 ° Cr i i I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached It more space is required) i Coverage provided for all leased employees but not subcontractors of:Electrical Contracting Service Effective date:1/1/2018 CERTIFICATE HOLDER CANCELLATION 151141 SHOULD AI4Y OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1100 Simonton Street ACCORDANCE WITH THE POLICY PROVISIONS. Key West FL 33040 AUTHORIZED REPRESENTATIVE tom.` Rick Leonard ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 3447 46792939 1 DC:i Yi On Ilk 11o1ding F:O Sig MASTER CEPT I Rus.:lrnt'y ?ou:Ig 1 5/::0/2019 2:19:46 -,M (EDTi I Payv 1 of 1