Item E1 � E.1
� � �, BOARD OF COUNTY COMMISSIONERS
County of Monroe � ��r�i
�r � s�� Mayor Heather Carruthers,District 3
The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2
Craig Cates,District 1
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
April 15, 2020
Agenda Item Number: E.1
Agenda Item Summary #6049
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Rob Tudor(305) 292-4416
n/a
AGENDA ITEM WORDING: Approval to award bid and execute contract with Triple M Roofing
Corp. in the amount of $803,600.00 for the replacement of the Gato Building roof which was
damaged during Hurricane Irma.
ITEM BACKGROUND: On September 10, 2017, Hurricane Irma caused damages to the Gato
Building roof. An RFP for the Gato Building Roof Replacement project was advertised on
September 21, 2019, with a bid opening date of October 29, 2019. Six (6)responses to the RFP were
received. The bid proposals were examined by a selection committee and ranked at a public meeting
held on November 12, 2019. The highest-ranking responsible responsive respondent was Triple M.
Roofing Corp. whose base bid was $577,600.00. The total contract price is $803,600.00, which
includes Alternate 41 and Alternate 42, which will provide additional protection and longevity to the
roof. This request is to award the bid to Triple M. Roofing Corp. and authorize the Mayor to execute
the contract.
PREVIOUS RELEVANT BOCC ACTION:
6/20/18 — BOCC approved advertisement of any required solicitation or proposals for repairs, work
or services resulting from damage to County facilities as a result of Hurricane Irma.
11/20/18 - BOCC approved a Task Order with Bender & Associates for architectural and
engineering design services to replace the Gato roof.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Contract_Triple M Roofing_legal stamped & contractor signed_3.18.20 mtg
Final Ranking Sheet 11.12.19
Insurance Stmt Triple M
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FINANCIAL IMPACT:
Effective Date: 3/18/2020
Expiration Date: 90 days after Notice to Proceed issued
Total Dollar Value of Contract: $803,600.00
Total Cost to County: $40,180.00
Current Year Portion: $803,600.00
Budgeted: Hurricane Irma
Source of Funds: 125-0459110-530490-IRPG4076-530460
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: Yes
County Match: 5% (90% FEMA; 5% State)
Insurance Required: Yes
Additional Details: Hurricane Tracking #58620
125-0459110-530490-IRPG4076-530460
12/11/19 125-0459110 - HURRICANE IRMA $803,600.00
IRPG4076
REVIEWED BY:
Cary Knight Completed 03/04/2020 3:10 PM
Patricia Eables Completed 03/04/2020 3:42 PM
Budget and Finance Completed 03/04/2020 3:45 PM
Maria Slavik Completed 03/05/2020 9:49 AM
Kathy Peters Completed 03/05/2020 9:59 AM
Board of County Commissioners Completed 03/18/2020 9:00 AM
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Agreement 0
Between Owner and Contractor
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Where the basis of payment is a STIPULATED SUM
AGREEMENT Made as of this 18th day of March, 2020
BETWEEN the Owner: Monroe County Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
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And the Contractor: Triple M. Roofing Corp. >
914 NW 19th Avenue
Fort Lauderdale, Florida 33311
For the following Project: GATO BUILDING ROOF REPLACEMENT
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Scope of the Work
The Scope of Work shall include, but not be limited to, all work shown and listed in the
Project Drawings and Specifications. The Contractor is required to provide a complete job c
as contemplated by the drawings and specifications, which are a part of this bid package. 2
The Contractor shall furnish all labor, supervision, materials, power, tools, equipment,
supplies, permits and any other means of construction necessary or proper for performing
and completing the Scope of Work, unless otherwise specifically stated. 06
Replace existing roof with a Siplast Paradiene 30 FR TG BW roof over Paradiene 20 EG
TG over Parabase FS with a thirty (30) year NDL warranty as explained in the Project y
Documents and Specifications. This is a Historic building and all efforts in replacing this
roof must follow the design specifications, which comply with the Secretary of the Interior's
Standards for Rehabilitation and coordination with obtained approvals from the State of
Florida Division of Historical Resources, City of Key West, and the Key West Historic
Architectural Review Commission (HARC).
• Acquire necessary permits, including any fees as a part of the bid.
• Remove existing built-up roofing from the entire roof of the Gato Building located at 1100
Simonton Street, Key West, Florida, except for the front porch roof.
• Contractor shall furnish the owner a thirty (30) year no dollar limit total system warranty
covering the cost of repairing leaks as a direct result of either defect in the membrane or
the workmanship involved in its installation for the new roof.
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• Contractor shall supply all of the needed materials and hardware to complete the project
and properly dispose of debris.
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ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda
issued prior to execution of this Agreement, together with the response to RFP and all required
insurance documentation, and Modifications issued after execution of this Agreement. The
Contract represents the entire and integrated agreement between the parties hereto and
supersedes prior negotiations, representations or agreements, either written or oral. An
enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the
event of a discrepancy between the documents, precedence shall be determined by the order of c
the documents as just listed.
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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 coV
follows: N/A
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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
Ninety (90) calendar days after the date of commencement or issuance of a Notice to 06
Proceed. The time or times stipulated in the contract for completion of the work of the
contract or of specified phases of the contract shall be the calendar date or dates listed in
the milestone schedule.
Liquidated damages will be based on the Substantial Completion Date for all work,
modified by all approved extensions in time as set forth by the Director of Project 2I
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. c
FIRST SECOND 31ST DAY &
CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER
Under$50,000.00 $50.00/Day $100.00/Day $250.00/Day
$50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day
$100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day
$500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day
The Contractor's recovery of damages and sole remedy for any delay caused by the Owner
shall be an extension of time on the Contract.
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Uncontrollable Circumstance. Any delay or failure of either Party to perform its
obligations under this Agreement will be excused to the extent that the delay or failure was
caused directly by an event beyond such Party's control, without such Party's fault or
negligence and that by its nature could not have been foreseen by such Party or, if it could
have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, o
explosion, tropical storm, hurricane or other declared emergency in the geographic area
of the Project; (c)war, invasion, hostilities (whether war is declared or not), terrorist threats
or acts, riot, or other civil unrest in the geographic area of the Project; (d) government
order or law in the geographic area of the Project; (e) actions, embargoes, or blockades
in effect on or after the date of this Agreement; (f) action by any governmental authority
prohibiting work in the geographic area of the Project; (each, a "Uncontrollable
Circumstance"). Contractor's financial inability to perform, changes in cost or availability
of materials, components, or services, market conditions, or supplier actions or contract
disputes will not excuse performance by Contractor under this Section. Contractor shall
give County written notice within seven (7) days of any event or circumstance that is
reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration o
of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end >
the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable
Circumstance are minimized and resume full performance under this Agreement. The
County will not pay additional cost as a result of an Uncontrollable Circumstance. The �--
Contractor may only seek additional time at no cost to the County as the Owner's
Representative may determine.
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ARTICLE 4 co
Contract Sum i
4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of
the Contract the Contract Sum of Eight Hundred Three Thousand Six Hundred and N
00/100 Dollars ($803,600.00), 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:
Alternate # 1: Add Siplast Parapro (fluid applied) over Paradiene 20 TG P over
Parabase FS with a thirty (30) year NDL warranty
Two Hundred Thousand and 00/100 Dollars ($200,000.00)
Alternate # 2: Add Siplast Parapro over existing First Floor Porch at east side �I
Twenty-Six Thousand and 00/100 Dollars ($26,000.00).
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ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Director of
Project Management, and upon approval for payment issued by the Director of Project
Management and Architect, the Owner shall make progress payments on account of the
Contract Sum to the contractor as provided below and elsewhere in the Contract
Documents.
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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. c
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by m
the Contractor in accordance with the Contract Documents. The Schedule of Values shall
allocate the entire Contract Sum among the various portions of the Work and be prepared
in such form and supported by such data to substantiate its accuracy as the Director of
Project Management may require. This schedule, unless objected to by the Director of
Project Management, shall be used as a basis for reviewing the Contractor's Applications
for Payment.
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5.5 Applications for Payment shall indicate the percentage of completion of each portion of
the Work as of the end of the period covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents, the amount of each progress
payment shall be computed as follows: W
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 co
retainage of ten percent (10%). Pending final determination of cost to the Owner of
changes in the Work, amounts not in dispute may be included in Applications for Payment.
The amount of credit to be allowed by the Contractor to the Owner for a deletion or change
which results in a net decrease in the Contract Sum shall be the net cost to the Owner,
less Overhead, Profit and Documented Costs incurred prior to the change Request, as
indicated in the corresponding line item in the Approved Schedule of Values for that line
item as confirmed by the Director of Project Management. When both additions and credits
covering related Work or substitutions are involved in a change, the allowance for
overhead and profit shall be figured on the basis of net increase, if any, with respect to
that change.
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the completed
construction (or, if approved in advance by the Owner, suitably stored off the site at a
location agreed upon in writing), less retainage; ®i
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or
nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions.
5.7 Retainage of ten percent(10%)will be withheld in accordance with Section 218.735(8)(b),
Florida Statutes.
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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 E
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reduced incrementally at the discretion of and upon the approval of the Director of Project
Management.
ARTICLE 6
Final Payment c
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the m
Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except
for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph
12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily
survive final payment, and (2) a final approval for payment has been issued by the Director of
Project Management. Such final payment shall be made by the Owner not more than twenty (20)
days after the issuance of the final approval for payment. The following documents (samples in
section 01027, Application for Payment) are required for Final Payment:
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(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) co
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).
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B. Operating and maintenance data, instructions to the Owner's personnel.
C. Warranties, bond and guarantees. U
D. Keys and keying schedule.
E. Spare parts and maintenance materials. y
F. Electronic copies of approved submittals.
G. Evidence of payment and final release of liens and consent of surety to final
release (includes final release from all utilities and utility companies).
ARTICLE 7
Miscellaneous Provisions
7.1 Where reference is made in this Agreement to a provision of the General Conditions or
another Contract Document, the reference refers to that provision as amended or
supplemented by other provisions of the Contract Documents.
7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act
and Monroe County Code.
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7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities, of
the General Conditions.
7.4 Monroe County's performance and obligation to pay under this contract is contingent upon
an annual appropriation by the Board of County Commissioners. o
7.5 A person or affiliate who has been placed on the convicted vendor list following a m
conviction for public entity crime may not submit a bid on a contract to provide any goods .2-
or services to a public entity, may not submit a proposal on a contract with a public entity
for the construction or repair of a public building or public work, may not submit proposals
on leases of real property to public entity, may not be awarded or perform work as
contractor, supplier, subcontractor, or consultant under a contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months
from the date of being placed on the convicted vendor list.
7.6 The following items are included in this contract:
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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
period of seven (7) years from the termination of this Agreement or for a period of five
(5) years from the submission of the final expenditure report as per 2 CFR §200.33, if co
applicable, 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 seven (7) years following the termination of this Agreement.
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Right to Audit_
Availability of Records. The records of the parties to this Agreement relating to the
Project, which shall include but not be limited to accounting records (hard copy, as U
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 y
logs and supporting documentation; general ledger entries detailing cash and trade
discounts earned, insurance rebates and dividends; any other supporting evidence
deemed necessary by Owner or by the Monroe County Office of the Clerk of Court ®i
and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges
related to this Agreement, and all other agreements, sources of information and
matters that may in Owner's or the County Clerk'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 or the County Clerk. Owner or County Clerk may also conduct
verifications such as, but not limited to, counting employees at the job site, witnessing
the distribution of payroll, verifying payroll computations, overhead computations,
observing vendor and supplier payments, miscellaneous allocations, special charges,
verifying information and amounts through interviews and written confirmations with
employees, Subcontractors, suppliers, and contractors' representatives. All records E
shall be kept for seven (7) years after Final Completion. The County Clerk possesses
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the independent authority to conduct an audit of records, assets, and activities relating
to this Project. If an auditor employed by the County or Clerk determines that monies
paid to Contractor pursuant to this Agreement were spent for purposes not authorized
by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall
repay the monies together with interest calculated pursuant to Sec. 55.03, Florida c
Statutes, running from the date the monies were paid to Contractor. The Right to
Audit provisions survive the termination or expiration of this Agreement. m
b) Governing Law, Venue, and Interpretation. This Agreement shall be governed by and
construed in accordance with the laws of the State of Florida applicable to contracts
made and to be performed entirely in the State. In the event that any cause of action
or administrative proceeding is instituted for the enforcement or interpretation of this
Agreement, the County and Contractor agree that venue shall lie in the appropriate
court or before the appropriate administrative body in Monroe County, Florida. The
Parties waive their rights to trial by jury. The County and Contractor agree that, in the
event of conflicting interpretations of the terms or a term of this Agreement by or
between any of them the issue shall be submitted to mediation prior to the institution
of any other administrative or legal proceeding.
c) Severability. If any term, covenant, condition or provision of this Agreement (or the '✓
application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected thereby; CO
and each remaining term, covenant, condition and provision of this Agreement shall
be valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement.
The County and Contractor agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
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d) Attorney's Fees and Costs. The County and Contractor agree that in the event any 06
cause of action or administrative proceeding is initiated or defended by any party
relative to the enforcement or interpretation of this Agreement, the prevailing party
shall be entitled to reasonable attorney's fees and court costs as an award against the
non-prevailing party, and shall include attorney's fees and courts costs in appellate
proceedings.
e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of the County and Contractor and their respective
legal representatives, successors, and assigns.
f) Authority. Each party represents and warrants to the other that the execution, delivery
and performance of this Agreement have been duly authorized by all necessary
County and corporate action, as required by law. Each party agrees that it has had
ample opportunity to submit this Contract to legal counsel of its choice and enters into
this agreement freely, voluntarily and with advice of counsel.
g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and
is, empowered to apply for, seek, and obtain federal and state funds to further the
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purpose of this Agreement; provided that all applications, requests, grant proposals,
and funding solicitations shall be approved by each party prior to submission.
h) Adjudication of Disputes or Disagreements. County and Contractor agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer o
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 m
seek such relief or remedy as may be provided by this Agreement or by Florida law.
This Agreement is not subject to arbitration.
i) Cooperation. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this
Agreement, County and Contractor agree to participate, to the extent required by the
other party, in all proceedings, hearings, processes, meetings, and other activities
related to the substance of this Agreement or provision of the services under this
Agreement. County and Contractor specifically agree that no party to this Agreement
shall be required to enter into any arbitration proceedings related to this Agreement.
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j) Nondiscrimination/Equal ual Employment Opportunity. The parties agree that there will be
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no discrimination against any person, and it is expressly understood that upon a
determination by a court of competent jurisdiction that discrimination has occurred,
this Agreement automatically terminates without any further action on the part of any
party, effective the date of the court order. The parties agree to comply with all Federal co
and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights
Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of
race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment
of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4)
The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which o
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment
Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of
drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to y
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the ®i
Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to
nondiscrimination in employment on the basis of disability; 10) Monroe County Code
Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex,
religion, national origin, ancestry, sexual orientation, gender identity or expression, i
familial status or age; and 11) any other nondiscrimination provisions in any federal or
state statutes which may apply to the parties to, or the subject matter of, this
Agreement.
During the performance of this Agreement, the CONTRACTOR, in accordance
with Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-
1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive
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Order 11246 Relating to Equal Employment Opportunity, and implementing regulations
at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II,
¶C, agrees as follows:
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1) The CONTRACTOR will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity, 2
or national origin. The contractor will take affirmative action to ensure that applicants
are employed, and that employees are treated during employment, without regard to
their race, color, religion, sex, sexual orientation, gender identity, or national origin.
Such action shall include, but not be limited to the following: Employment, upgrading,
demotion, or transfer, recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided by the contracting
officer setting forth the provisions of this nondiscrimination clause.
2) The CONTRACTOR will, in all solicitations or advertisements for employees placed
by or on behalf of the CONTRACTOR, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin.
3) The CONTRACTOR will not discharge or in any other manner discriminate against
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any employee or applicant for employment because such employee or applicant hasco
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inquired about, discussed, or disclosed the compensation of the employee or applicant
or another employee or applicant. This provision shall not apply to instances in which i
an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the
compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a
formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or
action, including an investigation conducted by the employer, or is consistent with the
CONTRACTOR's legal duty to furnish information.
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4) The CONTRACTOR will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or understanding, a
notice to be provided by the agency contracting officer, advising the labor union or
workers' representative of the CONTRACTOR's commitments under section 202 of y
Executive Order 11246 of September 24, 1965, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment. �I
5) The CONTRACTOR will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary
of Labor.
6) The CONTRACTOR will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books, records, r i
and accounts by the contracting agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
7) In the event of the CONTRACTOR's non-compliance with the nondiscrimination o
clauses of this contract or with any of such rules, regulations, or orders, this contract
may be canceled, terminated or suspended in whole or in part and the CONTRACTOR
may be declared ineligible for further Government contracts in accordance with
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procedures authorized in Executive Order 11246 of September 24, 1965, and such
other sanctions may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor,
or as otherwise provided by law.
8) The CONTRACTOR will include the portion of the sentence immediately preceding c
paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of
Labor issued pursuant to section 204 of Executive Order 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 0
vendor as a result of such direction by the administering agency the CONTRACTOR
may request the United States to enter into such litigation to protect the interests of
the United States
k) Covenant of No Interest. County and Contractor covenant that neither presently has
any interest, and shall not acquire any interest, which would conflict in any manner or
degree with its performance under this Agreement, and that only interest of each is to
perform and receive benefits as recited in this Agreement.
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1) Code of Ethics. County agrees that officers and employees of the County recognize
and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not
limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information. 2
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 y
other consideration contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of the provision, the Contractor agrees that
the County shall have the right to terminate this Agreement without liability and, at its
discretion, to offset from monies owed, or otherwise recover, the full amount of such
fee, commission, percentage, gift, or consideration.
n) Public Records Compliance. Contractor must comply with Florida public records
laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article .
I of the Constitution of Florida. The County and Contractor shall allow and permit
reasonable access to, and inspection of, all documents, records, papers, letters or
other "public record" materials in its possession or under its control subject to the
provisions of Chapter 119, Florida Statutes, and made or received by the County and
Contractor in conjunction with this contract and related to contract performance. The
County shall have the right to unilaterally cancel this contract upon violation of this
provision by the Contractor. Failure of the Contractor to abide by the terms of this
provision shall be deemed a material breach of this contract and the County may
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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.
0
The Contractor is encouraged to consult with its advisors about Florida Public Records
Law in order to comply with this provision. m
Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract, the
Contractor is required to:
(1) Keep and maintain public records that would be required by the County to
perform the service.
(2) Upon receipt from the County's custodian of records, provide the County with
a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in
this chapter or as otherwise provided by law.
(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 CO
the County. i
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records N
that would be required by the County to perform the service. If the Contractor
transfers all public records to the County upon completion of the contract, the
Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
Contractor keeps and maintains public records upon completion of the 06
contract, the Contractor shall meet all applicable requirements for retaining
public records. All records stored electronically must be provided to the
County, upon request from the County's custodian of records, in a format that y
is compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must
be made directly to the County, but if the County does not possess the
requested records, the County shall immediately notify the Contractor of the
request, and the Contractor must provide the records to the County or allow
the records to be inspected or copied within a reasonable time.
If the Contractor does not comply with the County's request for records, the
County shall enforce the public records contract provisions in accordance
with the contract, notwithstanding the County's option and right to unilaterally
cancel this contract upon violation of this provision by the Contractor. A
Contractor who fails to provide the public records to the County or pursuant
to a valid public records request within a reasonable time may be subject to
penalties under Section 119.10, Florida Statutes.
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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.
0
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE o
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 ATTORNEYS
OFFICE, 1111 12TH Street, SUITE 408, KEY WEST, FL 33040.
o) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of the Contractor and the County in this Agreement and the
acquisition of any commercial liability insurance coverage, self-insurance coverage, or
local government liability insurance pool coverage shall not be deemed a waiver of
immunity to the extent of liability coverage, nor shall any contract entered into by the
County be required to contain any provision for waiver.
p) Privileges and Immunities. All of the privileges and immunities from liability, '✓
exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers,
agents, or employees of any public agents or employees of the County, when co
performing their respective functions under this Agreement within the territorial limits
of the County shall apply to the same degree and extent to the performance of such
functions and duties of such officers, agents, volunteers, or employees outside the
territorial limits of the County.
0
q) Legal Obligations and Responsibilities. Non-Delegation of Constitutional or Statutory
Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law
except to the extent of actual and timely performance thereof by any participating
entity, in which case the performance may be offered in satisfaction of the obligation
or responsibility. Further, this Agreement is not intended to, nor shall it be construed
as, authorizing the delegation of the constitutional or statutory duties of the County, y
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 ®i
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.
0
s) Attestations. Contractor agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement,
and a Drug-Free Workplace Statement.
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t) No Personal Liability. No covenant or agreement contained herein shall be deemed
to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee of
Monroe County shall be liable personally on this Agreement or be subject to any
personal liability or accountability by reason of the execution of this Agreement. c
u) Execution in Counterparts. This Agreement may be executed in any number of m
counterparts, each of which shall be regarded as an original, all of which taken a `
together shall constitute one and the same instrument and any of the parties hereto
may execute this Agreement by signing any such counterpart.
v) Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum
insurance requirements prescribed elsewhere in this agreement, Contractor shall
defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed
officers and employees harmless from and against(i) any claims, actions or causes of
action, (ii) any litigation, administrative proceedings, appellate proceedings, or other
proceedings relating to any type of injury (including death), loss, damage, fine, penalty
or business interruption, and (iii) any costs or expenses that may be asserted against,
initiated with respect to, or sustained by, any indemnified party by reason of, or in W
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) co
Contractor's default in respect of any of the obligations that it undertakes under the �ii
terms of this Agreement, except to the extent the claims, actions, causes of action,
litigation, proceedings, costs or expenses arise from the intentional or sole negligent
acts or omissions of the COUNTY or any of its employees, agents, contractors or
invitees (other than Contractor). The monetary limitation of liability under this contract
shall be not less than $1 million per occurrence pursuant to Fla. Stat., Sec. 725.06.
Insofar as the claims, actions, causes of action, litigation, proceedings, costs or
expenses relate to events or circumstances that occur during the term of this
Agreement, this section will survive the expiration of the term of this Agreement or any
earlier termination of this Agreement.
In the event that the completion of the project(to include the work of others) is delayed
or suspended as a result of the Contractor s failure to purchase or maintain the
required insurance, the Contractor shall indemnify the County from any and all
increased expenses resulting from such delay. Should any claims be asserted against ®i
the County by virtue of any deficiency or ambiguity in the plans and specifications
provided by the Contractor, the Contractor agrees and warrants that the Contractor
shall hold the County harmless and shall indemnify it from all losses occurring thereby
and shall further defend any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the
indemnification provided for the above.
FDEM Indemnification
To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless
the Agency, the State of Florida, Department of Emergency Management, and its
officers and employees, from liabilities, damages, losses and costs, including, but not
limited to, reasonable attorney's fees, to the extent caused by the negligence,
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recklessness or intentional wrongful misconduct of the Contractor and persons
employed or utilized by the Contractor in the performance of this Contract.
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 c
and the (County) Agency's sovereign immunity.
w) Section Headings. Section headings have been inserted in this Agreement as a matter
of convenience of reference only, and it is agreed that such section headings are not
a part of this Agreement and will not be used in the interpretation of any provision of
this Agreement.
x) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the
County that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part
with County funds under this Agreement. The DBE requirements of applicable federal
and state laws and regulations apply to this Agreement. The County and its Contractor
agree to ensure that DBE's have the opportunity to participate in the performance of
the Agreement. In this regard, all recipients and contractors shall take all necessary W
and reasonable steps in accordance with 2 C.F.R. §200.321 (as set forth in detail
below), applicable federal and state laws and regulations to ensure that DBE's have
the opportunity to compete and perform contracts. The County and Contractor and
subcontractors shall not discriminate on the basis of race, color, national origin or sex co
in award and performance of contracts, entered pursuant to this Agreement.
2 C.F.R. � 200.321 CONTRACTING WITH SMALL AND MINORITY
BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS
AREA FIRMS N
0
a. If the CONTRACTOR, with the funds authorized by this Agreement, seeks
to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321,
the CONTRACTOR shall take the following affirmative steps to assure that 0
minority businesses, women's business enterprises, and labor surplus area
firms are used whenever possible.
a. Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business enterprises on y
solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises 0
are solicited whenever they are potential sources; ®i
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities
to permit maximum participation by small and minority businesses, and women's
0
business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration and the Minority Business Development Agency of the
Department of Commerce.
(6) Requiring the Prime contractor, if subcontractors are to be let, to take the affirmative
steps listed in paragraph (1) through (5) of this section.
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y) Agreements with Subcontractors. In the event that the Contractor subcontracts any or
all of the work in this project to any third party, the Contractor specifically agrees to
identify the COUNTY as an additional insured on all insurance policies required by the
County. In addition, the Contractor specifically agrees that all agreements or contracts
of any nature with his subcontractors shall include the COUNTY as additional insured. c
z) Florida Green Building Coalition Standards. Monroe County requires its buildings to m
conform to Florida Green Building Coalition standards. .2-
Special Conditions, if any are detailed in Section 00100 of the Project Manual for this
Project.
7.7 Any written notices or correspondence given pursuant to this contract shall be sent by
United States Mail, certified, return receipt requested, postage prepaid, or by courier with
proof of delivery. The place of giving Notice shall remain the same as set forth herein until
changed in writing in the manner provided in this paragraph. Notice shall be sent to the
following persons:
For Contractor: Triple M. Roofing Corp. --
914 NW 19th Avenue
Ft. Lauderdale, FL 33311
co
cv
ai
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
0
7.8 Entire Agreement. This writing embodies the entire agreement and understanding
between the parties hereto, and there are no other agreements and understandings, oral
or written, with reference to the subject matter hereof that are not merged herein and
superseded hereby. Any amendment to this Agreement shall be in writing, approved by
the Board of County Commissioners, and signed by both parties before it becomes
effective.
7.9 FEDERAL CONTRACT REQUIREMENTS
The CONTRACTOR and its subcontractors must follow the provisions, as 2I
applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to
2 C.F.R. Part 200, as amended, including but not limited to:
0
7.9.1 Clean Air Act (42 U.S.C. W401-7671g.) and the Federal Water Pollution Control Act (33
U.S.C. �1251-1387). CONTRACTOR agrees to comply with all applicable standards, m
orders, or regulations issued pursuant to the Clean Air Act(42 U.S.C. §§7401-7671q.) and .2-
the Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and will i
report violations to FEMA and the Regional Office of the Environmental Protection Agency
(EPA). The Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution
Control Act (33 U.S.C. 1251-1387), as amended—applies to Contracts and subgrants of
amounts in excess of$150,000.
7.9.2 Davis-Bacon Act, as amended (40 U.S.C. M3141-3148). When required by
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Federal program legislation, which includes Emergency Management Preparedness
Grant Program, Homeland Security Grant Program, Nonprofit Security Grant
Program, Tribal Homeland Security Grant Program, Port Security Grant Program
and Transit Security Grant Program, all prime construction contracts in excess of
$2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act (40 c
U.S.C. §§3141-3144, and §§3146-3148) as supplemented by Department of Labor
regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts
Covering Federally Financed and Assisted Construction"). In accordance with the
statute, contractors must be required to pay wages to laborers and mechanics at a
rate not less than the prevailing wages specified in a wage determination made by
the Secretary of Labor. In addition, contractors must be required to pay wages not 2
less than once a week. If applicable, the County must place a current prevailing
wage determination issued by the Department of Labor in each solicitation, and
same is hereby attached hereto as Exhibit"A" and made a part hereof. The decision
to award a contract or subcontract must be conditioned upon the acceptance of the
wage determination. The COUNTY must report all suspected or reported violations
to the Federal awarding agency. When required by Federal program legislation,
which includes Emergency Management Preparedness Grant Program, Homeland
Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland
Security Grant Program, Port Security Grant Program and Transit Security Grant
Program (it does not apply to other FEMA grant and cooperative agreementco
n!
programs, including the Public Assistance Program), the contractors must also Ti
comply with the Copeland "Anti-Kickback"Act (40 U.S.C. § 3145), as supplemented
by Department of Labor regulations (29 CFR Part 3, "Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by
Loans or Grants from the United States"). As required by the Act, each contractor or
subrecipient is prohibited from inducing, by any means, any person employed in the
construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The COUNTY must report all
suspected or reported violations to the Federal awarding agency.
(1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40
U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be y
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 instructions require, and also a clause requiring c
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. i
(3) Breach. A breach of the contract clauses above may be grounds for
termination of the contract, and for debarment as a contractor and c
subcontractor as provided in 29 C.F.R. § 5.12.
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7.9.3 Contract Work Hours and Safety Standards Act (40 U.S.C. M3701-3708). Where
applicable, which includes all FEMA grant and cooperative agreement programs, all
contracts awarded by the COUNTY in excess of$100,000 that involve the employment of
mechanics or laborers must comply with 40 U.S.C. §§3702 and 3704, as supplemented
by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, c
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 m
week is permissible provided that the worker is compensated at a rate of not less than one .2-
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.
7.9.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets c
the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that "funding agreement," the
recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementingco
ry
regulations issued by the awarding agency.
ai
i
7.9.5 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
CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and c
12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions 2
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.
7.9.6 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 ®i
member of Congress in connection with obtaining any Federal contract, grant or any other
award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-
Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the non-Federal award.
7.9.7 Compliance with Procurement of Recovered materials as set forth in 2 CFR � 200.322.
CONTRACTOR must comply with section 6002 of the Solid Waste Disposal Act, as i
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
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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 c
a timeframe providing for compliance with the contract performance schedule; (ii) Meeting
contract performance requirements; or (iii) At a reasonable price. (2) Information about m
this requirement, along with the list of EPA-designated items, is available at EPA's
Comprehensive Procurement Guidelines web site,
tt s:llwww.e a.govlsrnrnlcorn re ensive-procurement-guideline-c - ro. ram.
Other Federal Requirements (as applicable):
0
7.9.8 Americans with Disabilities Act of 1990, as amended, (ADA). The CONTRACTOR will
comply with all the requirements as imposed by the ADA, the regulations of the Federal
government issued thereunder, and the assurance by the CONTRACTOR pursuant
thereto.
7.9.9 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the
COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the '✓
opportunity to participate in the performance of contracts financed in whole or in part with
COUNTY funds under this Agreement. The DBE requirements of applicable federal and
state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR co
agree to ensure that DBE's have the opportunity to participate in the performance of this
Agreement. In this regard, all recipients and contractors shall take all necessary and
reasonable steps in accordance with 2 C.F.R. § 200.321(as set forth in detail below),
applicable federal and state laws and regulations to ensure that the DBE's have the
opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR
and subcontractors shall not discriminate on the basis of race, color, national origin or sex
in the award and performance of contracts, entered pursuant to this Agreement.
0
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 y
Agreement, seeks to subcontract goods or services, then, in
accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take
the following affirmative steps to assure that minority businesses,
women's business enterprises, and labor surplus area firms are
used whenever possible.
b. Affirmative steps must include:
1. Placing qualified small and minority businesses and
women's business enterprises on solicitation lists;
2. Assuring that small and minority businesses, r i
and women's business enterprises are
solicited whenever they are potential
sources;
3. Dividing total requirements, when economically
feasible, into smaller tasks or quantities to permit
maximum participation by small and minority
businesses, and women's business enterprises;
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4. Establishing delivery schedules, where the
requirement permits, which encourage
participation by small and minority businesses,
and women's business enterprises;
5. Using the services and assistance, as appropriate, c
of such organizations as the Small Business
Administration and the Minority Business m
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.
0
7.9.10 The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E-Verify
system to verify the employment eligibility of all new employees hired by the c
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.
7.9.11 Fraud and False or Fraudulent or Related Acts. The CONTRACTOR acknowledges that cV
31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies co
to the CONTRACTOR'S actions pertaining to this contract.
7.9.12 Access to Records. The following access to records requirements apply to this contract:
(1) The CONTRACTOR agrees to provide MONROE COUNTY, the FEMA
Administrator, the Comptroller General of the United States, or any of their authorized
representatives access to any books, documents, papers, and records of the
CONTRACTOR which are directly pertinent to this contract for the purposes of making
audits, examinations, excerpts, and transcriptions. U
06
(2) The CONTRACTOR agrees to permit any of the foregoing parties to reproduce by
any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
(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 y
completed under the contract.
7.10 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) found at the following link on the Monroe County web page:
ttp:I/fl-roroecout .civicplus.cor1 ids.aspx`?Catl D=18..
7.11 The Contractor is bound by all applicable local, County, State, and Federal laws and
regulations.
i
7.12 The CONTRACTOR shall hold the Division and County harmless against all claims of
whatever nature arising out of the CONTRACTOR'S performance of work under this
Agreement, to the extent allowed and required by law. c
Other FEMA Requirements (as applicable):
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7.13 Access to Records. Contractor/Consultant and their successors, transferees, assignees,
and subcontractors acknowledge and agree to comply with applicable provisions
governing the Department of Homeland Security (DHS) and the Federal Emergency
Management Agency's (FEMA) access to records, accounts, documents, information,
facilities, and staff. Contractors/Consultants must: (1.) Cooperate with any compliance c
review or complaint investigation conducted by DHS; (2.) Give DHS access to and the
right to examine and copy records, accounts, and other documents and sources of
information related to the grant and permit access to facilities, personnel, and other
individuals and information as may be necessary, as required by DHS regulations and
other applicable laws or program guidance; and (3.) Submit timely, complete, and accurate
reports to the appropriate DHS officials and maintain appropriate backup documentation 2
to support the reports.
7.14 DHS Seal, Logo and Flags. Contractor shall not use the Department of Homeland Security
seal(s), logs, crests, or reproduction of flags or likeness of DHS agency officials without c
specific FEMA approval.
2
7.15 Changes to Contract. The Contractor understands and agrees that any cost resulting from
a change or modification, change order, or constructive change of the Agreement must be �--
within the scope of any Federal grant or cooperative agreement that may fund this Project
and be reasonable for the completion of the Project. Any contract change or modification,
change order or constructive change must be approved in writing by both the County and `co
V
Contractor.
i
ARTICLE 8
Termination or Suspension
0
8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General
Conditions. c
06
8.2 Either of the parties hereto may cancel this Agreement without cause by giving the other
party sixty (60) days' written notice of its intention to do so with neither party having any
further obligation under the terms of the contract upon termination.
8.3 Termination for Cause and Remedies. In the event of breach of any contract terms, the
County retains the right to terminate this Agreement. The County may also terminate this 2I
Agreement for cause with Contractor should the 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 written 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
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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.
8.4 Termination for Convenience. The County may terminate this Agreement for
convenience, at any time, upon one (1) weeks' notice to Contractor. If the County c
terminates this Agreement with the Contractor, County shall pay Contractor the sum due
the Contractor under this Agreement prior to termination, unless the cost of completion to
the County exceeds the funds remaining in the contract. The maximum amount due to
Contractor shall not exceed the spending cap in this Agreement. In addition, the County
reserves all rights available to recoup monies paid under this Agreement, including the
right to sue for breach of contract and including the right to pursue a claim for violation of
the County's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County
Code. c
8.5 Scrutinized Companies. For Contracts of any amount, if the County determines that the
Contractor/Consultant has submitted a false certification under Section 287.135(5),
Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List,
or is engaged in a boycott of Israel, the County shall have the option of(1) terminating the
Agreement after it has given the Contractor/Consultant written notice and an opportunity �--
to demonstrate the agency's determination of false certification was in error pursuant to
Section 287.135(5)(a), Florida Statutes, or(2) maintaining the Agreement if the conditions
of Section 287.135(4), Florida Statutes, are met. `co
V
For Contracts of $1,000,000 or more, if the County determines that the i
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 N
with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria,
the County shall have the option of (1) terminating the Agreement after it has given the
Contractor/Consultant written notice and an opportunity to demonstrate the agency's
determination of false certification was in error pursuant to Section 287.135(5)(a), Florida 06
Statutes, or(2) maintaining the Agreement if the conditions of Section 287.135(4), Florida
Statutes, are met.
ARTICLE 9
Enumeration of Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows:
a) Drawings: A0.0, D1.1, A1.0, A1.1, A2.1, A3.1, A8.1, A8.2, A8.3, A8.4, A8.5, S1.1
b) Specifications for Historic Gato Building Roof Replacement- June 2019
i
9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and
Contractor.
0
9.1.2 The General Conditions are the General Conditions of the Contract for Construction.
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9.1.3 The Supplementary and other Conditions of the Contract are those contained in the
Specifications and Construction Drawings dated June 2019.
9.1.4 The Addenda, if any, are as follows:
0
Number Date Pages
1 10/15/19 1 m
2 10/17/19 1 a `
3 10/22/19 4
This Agreement is entered into as of the day and year first written above and is executed in at
least one (1) original copy.
0
0
[Signature Page to Follow]
CO
ai
06
i
0
0
0
0
i
0
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Execution by the Contractor must be by a person with authority to bind the entity.
SIGNATURE F THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED.
0
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA
By: By---,.. ....... -
Deputy ClerkMayor/Chairperson
Date v
0
CONTRACTOR'SWitnesses_ et: CT : >
TRIPLE M ROOFI
Contractor must Pilo e two witnesses
signatures Signature: --.
�,..
Signature:_ .`' " Print ame: ,� W e
co
Print mp ff _# Title: / T
vi
Date:
Date: �e -�
and ,
Signatures.. EDM
MON E COUNTY ATTORNEYS OFFICE
T
Print `1 S, - — x- n ~ 0
SPATRICIA
A COUNTY ATTORNEY
Date:_
TAT F ..aa® F...... _..
On this�.. day of , 20 k a , theundersigned notary public,
personally appeared`""" �` , nown'to mei to be the person whose name is
- and acknowledged c
subscribed above or who produced , ,,,,,,„ �LLas identification,
that he/she is the p son executed the above contract with Monroe County for Building
RoofFa Iaer for the purpos Zrein contained.
Notary PublicAA��
"
' Notary Pybk State of Florida
Print Name
Pameia Shurek cts
c My Commission 171588
y commission expires:_, Eicpites 12l2B1202121
U
Page 23 of 31
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0
GENERAL REQUIREMENTS
Where Project Management is Not a Constructor
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
Section 01030 Alternates 2
Section 01040 Project Coordination
Section 01045 Cutting and Patching
Section 01050 Field Engineering
Section 01200 Project Meetings
Section 01301 Submittals
Section 01310 Progress Schedules
Section 01370 Schedule of Values �--
Section 01385 Daily Construction Reports
Section 01395 Request for Information — (RFI)
Section 01410 Testing Laboratory Services `co
V
Section 01421 Reference Standards and Definitions
Section 01500 Temporary Facilities
Section 01520 Construction Aids
Section 01550 Access Roads and Parking Areas N
Section 01560 Temporary Controls
Section 01590 Field Offices and Sheds 2
Section 01595 Construction Cleaning
Section 01600 Material and Equipment
Section 01630 Post-Proposal Substitutions
Section 01640 Product Handling
Section 01700 Contract Closeout
Section 01710 Final Cleaning
Section 01720 Project Record Documents
Section 01730 Operation and Maintenance Data ®i
Section 01740 Warranties
0
0
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0
0
0
EXHIBIT "A"
Davis Bacon Wage Determination
0
0
2
CO
N
0
M
0
0
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DAVIS BACON WAGE DETERMINATION
0
General Decision Number: FL180063 03/16/2018 FL63
0
Superseded General Decision Number: FL20170063
State: Florida
Construction Type: Building
County: Monroe County in Florida.
BUILDING CONSTRUCTION PROJECTS (does not include single family
homes or apartments up to and including 4 stories).
2
Note: Under Executive Order (EO) 13658, an hourly minimum wage
of $10.35 for calendar year 2018 applies to all contracts
subject to the Davis-Bacon Act for which the contract is
awarded (and any solicitation was issued) on or after January
1, 2015. If this contract is covered by the EO, the contractor co
must pay all workers in any classification listed on this wage
determination at least $10.35 per hour (or the applicable wage
rate listed on this wage determination, if it is higher) for
all hours spent performing on the contract in calendar year
2018. The EO minimum wage rate will be adjusted annually.
Please note that this EO applies to the above-mentioned types
of contracts entered into by the federal government that are
subject to the Davis-Bacon Act itself, but it does not apply to
06
contracts subject only to the Davis-Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(2)-(60). Additional
information on contractor requirements and worker protections
under the EO is available at www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/05/2018
1 01/12/2018
2 02/23/2018
3 03/16/2018
* ELEC0349-003 03/05/2018
Rates Fringes
ELECTRICIAN......................$ 33.11 12.31
----------------------------------------------------------------
E N G 10487-004 07/01/2013 E
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Rates Fringes
0
OPERATOR: Crane
All Cranes Over 15 Ton
0
Capacity....................$ 29.00 8.80
Yard Crane, Hydraulic
Crane, Capacity 15 Ton and
Under.......................$ 22.00 8.80
----------------------------------------------------------------
I RO N0272-004 10/01/2017
0
Rates Fringes
0
IRONWORKER, STRUCTURAL AND
REINFORCING......................$ 24.89 10.10
----------------------------------------------------------------
PAIN0365-004 07/01/2017 -
Rates Fringes
PAINTER: Brush Only.............$ 20.21 10.08 co
----------------------------------------------------------------
SFFL0821-001 01/01/2018
Rates Fringes N
c
SPRINKLER FITTER (Fire
Sprinklers)......................$ 27.68 18.89
----------------------------------------------------------------
S H E E0032-003 12/01/2013
Rates Fringes
SHEETMETAL WORKER (HVAC Duct
Installation)....................$ 23.50 12.18
----------------------------------------------------------------
S U F L2009-059 05/22/2009
Rates Fringes
CARPENTER........................$ 15.08 5.07
CEMENT MASON/CONCRETE FINISHER...$ 12.45 0.00
FENCE ERECTOR....................$ 9.94 0.00
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LABORER: Common or General......$ 8.62 0.00
0
LABORER: Pipelayer..............$ 10.45 0.00
0
OPERATOR: Backhoe/Excavator.....$ 16.98 0.00
OPERATOR: Paver (Asphalt,
Aggregate, and Concrete).........$ 9.58 0.00
OPERATOR: Pump..................$ 11.00 0.00
PAINTER: Roller and Spray.......$ 11.21 0.00
PLUMBER..........................$ 12.27 3.33
ROOFER: Built Up,
Composition, Hot Tar and
Single Ply.......................$ 14.33 0.00
SHEET METAL WORKER, Excludes
HVAC Duct Installation...........$ 14.41 3.61
M
TRUCK DRIVER, Includes Dump
and 10 Yard Haul Away............$ 8.00 0.15
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
c
----------------------------------------------------------------
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
Page 28 of 31
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on contractor requirements and worker protections under the EO
is available at www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
.2
----------------------------------------------------------------
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of "identifiers" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
CO
A four letter classification abbreviation identifier enclosed �;
in dotted lines beginning with characters other than "SU" or
"UAVG" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
`Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
i
Classifications listed under the "SU" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
Page 29 of 31
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rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
0
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010 co
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
06
negotiated/CBA rate of the union locals from which the rate is
based.
---------------------------------------------------------------- -
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
Page 30 of 31
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On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to-
0
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator co
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: �;�
Wage and Hour Administrator
U.S. Department of Labor N
200 Constitution Avenue, N.W.
Washington, DC 20210
c
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
0
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION E
Page 31 of 31
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t
........................ ...... .............
Gato Roof Replacement
RFP
FINAL RANKING SHEET
Selection Committee RESPONDENT
Member Roofing by A- Property Triple N Ducky Pinnacle A RSI
Ruff Services Rooftnq........ .......®a. 2v �.........................Roofing
Cary Vick
Total Score
Rank 211
Clark Briggs
Score 71
Rank
Rob Tudor
Score / a o t t
Rank o
TOTAL POINTS -- ` i
TOTAL RANK
Cary Vick ALL REVIWERS MUST
Clark Briggs FINAL SCORING SHEE'
Rob Tudor DATE 1�
E.1.c
GATO BUILDING ROOF REPLACEMENT
SECTION 0013
INSURANCE REQUIREMENTS AND FORMS
MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES
General Insurance Requirements for
0
Construction Contractors and Subcontractors
0
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. c
The Contractor will not be permitted to commence work governed by this contract (including pre- 2
staging of personnel and material) until satisfactory evidence of the required insurance has been a '
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
Contractor's failure to provide satisfactory evidence.
0
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 c
result in the immediate suspension of all work until the required insurance has been reinstated or >
replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain
the required insurance shall not extend deadlines specified in this contract and any penalties and
failure to perform assessments shall be imposed as if the work had not been suspended, except
for the Contractor's failure to maintain the required insurance.
The Contractor will be held responsible for all deductibles and self-insured retentions that may be
contained in the Contractor's Insurance policies.
The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, i
either:
• Certificate of Insurance or
• A Certified copy of the actual insurance policy. y
The County, at its sole option, has the right to request a certified complete copy of any or all
insurance policies with all endorsements, amendments, exclusions and notice of changes to the E
policy as 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.
INSURANCE REQUIREMENTS AND FORMS 00130-Page 35 of 295
Packet Pg. 1523
GATO BUILDING
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.
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.
0
Any deviations from these General Insurance Requirements must be requested in writing on the 0
County prepared form entitled"Request for Waiver of Insurance Requirements"and approved
by Monroe County Risk Management.
0
0
0
0
0
0
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INSURANCE REQUIREMENTS AND FORMS 00130-Page 36 of 295
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GATO BUILDING ROOF REPLACEMENT
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT: GATO BUILDING ROOF REPLACEMENT
BETWEEN
MONROE COUNTY, FLORIDA
AND
0
Triple M Roofing Corp.
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers'Compensation Insurance with limits sufficient to respond to the applicable state statutes
and the requirements of Florida Statutes, Chapter 440.
0
0
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$1,000,000 Bodily Injury by Accident
$1,000,000 Bodily Injury by Disease, policy limits
$1,000,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
0
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. W
In addition, the Contractor may be required to submit updated financial statements from the fund 0
upon request from the County.
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0
0
0
0
0
INSURANCE REQUIREMENTS AND FORMS 00130-Page 37 of 295
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GATO BUILDING ROOF REPLACEMENT
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT: GATO BUILDING ROOF REPLACEMENT
BETWEEN
OROE COUNTY, FLORIDA
AND
0
Triple M Roofing Corp.
c
Prior to the commencement of work governed by this contract,the Contractor shall obtain General
Liability Insurance. Coverage shall be maintained throughout the life of the contract and include,
as a minimum:
• Premises Operations
• Products and Completed Operations r
• Blanket Contractual Liability
• Personal Injury Liability
The minimum limits acceptable shall be:
0
$2,000,000 Combined Single Limit
0.
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its 0.
provisions should include coverage for claims filed on or after the effective date of this contract. <
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all i
policies issued to satisfy the above requirements.
INSURANCE REQUIREMENTS AND FORMS 00130-Page 38 of 295
Packet Pg. 1526
GATO BUILDING ROOF REPLACEMENT
BUSINESS AUTOMOBILE LIABILITY
INSURANCE REQUIREMENTS
FOR
GATO BUILDING ROOF REPLACEMENT
BETWEEN
MONROE COUNTY, FLORIDA
AND
0
Triple M Roofing Corp.
c
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimum, liability coverage for:
• Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit(CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage c
2
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
i
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INSURANCE REQUIREMENTS AND FORMS 00130-Page 39 of 295
Packet Pg. 1527
GATO BUILDING ROOF REPLACEMENT
BUILDER'S RISK INSURANCE REQUIREMENTS
FOR
GATO BUILDING ROOF REPLACEMENT
BETWEEN
MONROE COUNTY, FLORIDA
AND
0
Tr! le M Roofing Cori.
r� 0
The Contractor is required to purchase and maintain, throughout the life of the contract,
and until the project is accepted by the County, Builder's Risk Insurance on an All Risk of
Loss form. Coverage will include:
c
Theft c
Aircraft
Hail Smoke
Explosion Fire
Riot Collapse
Civil Commotion Vehicles
The policy limits will be no less than the amount of the Full Replacement Value of the completed
structure and coverage will be provided on a Completed Value Basis.
Property, materials, or supplies located on the construction premises, which are intended to
become a permanent part of the building, will be included as property insured.
The policy will be endorsed permitting the County to occupy the building prior to completion
without effecting the coverage. W
The policy will be endorsed to include the Monroe County Board of County Commissioners as
the Loss Payee.
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INSURANCE REQUIREMENTS AND FORMS 00130-Page 40 of 295
Packet Pg. 1528
GATO BUILDING ROOF REPLACEMENT
PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT
INSURANCE REQUIREMENTS
Worker's Compensation Statutory Limits
Employers Liability $1,000,000 Bodily Injury by Accident
$1,000,000 Bodily Injury by Disease
Policy Limits
$1,000,000 Bodily Injury by Disease,
each employee
General Liability, including $2,000,000 Combined Single Limit °3
Premises Operations
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
0
Business Automobile Liability $1,000,000 Combined Single Limit
(Owned, non-owned, and hired vehicles)
If split limits are preferred:
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage
Builder's Risk: Required
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.
Hold Harmless and Indemnification. Notwithstanding any minimum insurance requirements
prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the
COUNTY and the COUNTY's elected and appointed officers and employees harmless from and i
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 y
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
INSURANCE REQUIREMENTS AND FORMS 00130-Page 41 of 295
Packet Pg. 1529
GATO BUILDING ROOF REPLACEMENT
circumstances that occur during the term of this Agreement,this section will survive the expiration
of the term of this Agreement or any earlier termination of this Agreement.
In the event that the completion of the project (to include the work of others) is delayed or
suspended as a result of the Contractor s failure to purchase or maintain the required insurance,
the Contractor shall indemnify the County from any and all increased expenses resulting from
such delay. Should any claims be asserted against the County by virtue of any deficiency or
ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and o
warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses o
occurring thereby and shall further defend any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for the above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this AGREEMENT. o
PROPOSER'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full r
with all of the requirements herein. I fully accept the indemnification and hold harmless and duty
to defend as set out in this proposal.
0
Thomas J. Milanese, President
PROPOSER Signature o
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GATO BUILDING ROOF REPLACEMENT
IN§URANCE AGENT'S STATEMENT
I have reviewed the above requirements with the proposer named above. The following
deductibles apply to the corresponding policy.
POLICY DEDUCTIBLES
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Liability policies are Occurren Claims de
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Insurance Agency Signature
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