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COUNTY IST T
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Contract Purpose/Description:
Contract is Original Agreement
Contract Manager: r.
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CONTRACT COSTS
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ADDITIONAL COSTS
Estimated Ongoing Costs: tyr For:
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CONTRACT REVIE
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Pedro Falcon Contractor's Inc in addition Check Electric. The only cost
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Agreement
Between Owner and Contractor
THIS AGREEMENT is entered into by the Monroe County Board of County Commissioners
(" OCC"Owner), a political subdivision of the State, I 100 Simonton Street,Key West, Florida
33040,and Check Electric{``Contractor"), this day of ,2019 for the Na Name
Key Bridge Navigational Lights Repairs Project("Project")
The Owner and Contractor agree as set forth below.
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (as applicable),
Specifications (as applicable), Insurance Requirements and Documents and the County Forms
included as Attachment B. These form the Contract and are as fully a part of the Contract as if
attached to this Agreement or repeated herein. The Contract represents the entire and integrated
agreement between the parties hereto and supersedes prior negotiations, representations or
agreements,either written or oral.
ARTICLE
Scope of Work of this Contract
The Contractor shall execute the entire Project Work as follows:
Scope of Work is to replace damaged navigational lighting system for the No Name Key Bridge on
No Name Key as described in Attachment A.
ARTICLE
Date of Commencement and Substantial Completion
.1 The date of commencement shall be the date specified in the Notice to Proceed issued to the
Contractor.
3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than
60 Days after the Date of Commencement, subject to adjustments of the Contract Time as provided
by the Contract Document.
TICLE 4
Contract Su
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the
Contract, for the No Name Key Bridge Navigational Lights Repairs Project the Contract
Sum of no cents ( ,140.00), subject to
additions and deductions as provided in the Contract Documents.
AARTICI,E 5
Payments
5.1 County shall pay pursuant to the Local Government Prompt Payment Act 218.70 upon receipt
of a Proper Invoice from the Contractor. Payments due and unpaid under the Contract shall bear
interest pursuant to the Local Govemment Prompt Payment Act 218.735.
5.2 If this contract period extends beyond one fiscal year, Monroe County's perforrnance and
obligation to pay under this contract is contingent upon an annual appropriation by the Board of
County Commissioners.
Final Payment
5.3 Final payment, constituting the Contract Sum, shall be made by the Owner to the Contractor
when (1) the Contract has been fully performed by the Contractor except for the Contractor's
responsibility to correct nonconfonning Work found within one year after the date of Substantial
Completion, which the Contractor shall correct promptly after receipt of written notice from the
Owner to do so unless the Owner has previously given the Contractor a written acceptance of such
condition.This obligation shall survive acceptance of the Work under the Contract and termination of
the Contract. The Owner shall give such notice promptly after discovery of the condition: and (2) a
final Project Certificate for Payment has been issued by the Project Manager: such final payment
shall be made by the Owner not more than 20 days after the issuance of the final Project Certificate
for Payment(see form attached hereto).
ARTICLE 6
Insurance
6.1 Prior to commencement of work the Contractor will provide satisfactory evidence of
insurance as required Insurance Statement.
6.2 The Contractor shall name the(1)Monroe County Board of County Commissioners, its
employees and officials, as"Additional Insured"on all policies except for Yorker's Compensation.
Insurance Statement
The Insurance requirements are as follows:
Insurance Requirement Limits
Worker's Compensation Statutory Limits
Employer's Liability WC1 $10010001$500,0001$100,000
General Liability GLI $300,000 Combined Single Limit
Vehicle Liability VL1 $50,000 per person;$100,000 per occurrence
(Owned, hired and $25,000 Property Damage
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Agreement Between Owner and Contractor
Non-owned Vehicles) or
$100,000 Combined Limit
All insurers shall have an &M. Best rating of V1 or better and shall be licensed to do business in the
state of Florida.
ARTICLE 7
Miscellaneous Provisions
7.1 Public Entities Crimes By signing this Agreement, Contractor represents that the execution
of this rcement will not violate the Public Entities Crime Act(Section 287.133, Florida Statutes).
Violation of this section shall result in tennination of this Agreement and recovery of all monies paid
hereto and may result in debarment from County's competitive procurement activities.
In addition to the foregoing, Contractor further represents that there has been no
determination, based on an audit, that it or any subcontractor has committed an act defined by Section
287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with
committing an act defined as a "public entity crime"' regardless of the amount of money involved or
whether Contractor has been placed on the convicted vendor list.
Contractor will promptly notify the County if it or any subcontractor is formally charged with
an act defined as a"public entity crime" or has been placed on the convicted vendor list. A person or
affiliate who has been placed on the convicted vendor list following a conviction for public entity
crime may not submit a bid on a contract to provide any goods or services to a public entity, may not
submit a bid on a contract with a public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to public entity, may not be awarded or
perform work as 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 36 months from the date of being
placed on the convicted vendor list.
7.2 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. 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 to of the Agreement and for four years following
the termination of this Agreement. If an auditor employed by the County or Clerk determines that
monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this
Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec.
55.03; FS,running from the date the monies were paid to Contractor.
7.3 Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida applicable to contracts
made and to be performed entirely in the State. In the event that any cause of action or administrative
proceeding is instituted for the enforcement or interpretation of this Agreement, the County and
Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative
body in Monroe County, Florida. This Agreement shall not be subject to arbitration.
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Agreement Between Owner and Contractor
7.4 Attorney's Fees and Costs: he County and Contractor agree that in the event any cause of
action or administrative proceeding is initiated or defended by any Party relative to the enforcement
or interpretation this Agreement,t.he prevailing party shall be entitled to reasonable attorney's fees
and court costs, as an award against the non-prevailing party, and shall include attomey's fees and
courts costs in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this
Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the circuit court of Monroe County.
7.5 BiEffect: The terms, covenants, conditions, and provisions of this Agreement shall
bind and inure to the benefit of the Chanty and Contractor and their respective legal representatives,
successors, and assigns.
7.6 Auth ri r 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..
7.7 Nondiscrimination: CONTRACTOR and COUNTY agree that there will be no
discrimination against any person,and it is expressly understood that upon a determination by a
court of competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party,effective the date of the court order.
CONTP,ACTOR or COUNTY agrees to comply with all Federal and Florida statutes,and all local
ordinances,as applicable, relating to nondiscrimination, These include but are not limited to: l)
Title VII of the Civil Rights Act of 1 (PL 8-3 2)which prohibits discrimination on the basis of
race,color or national origin;2)Title IX of the du ation Amendment of 1972,as amended(2
USC s& 1681-1683,and 16 -1 ), which prohibits discrimination on the basis ofsax; Section
504 of the Rehabilitation.act of 1973,as amended (20 USC s, 794),which prohibits discrimination
on the basis of handicaps; )The Age Discrimination Act of 1975,as amended( 2 IJSC ss.6 1 Of
107) which prohibits discrimination on the basis of age; ) The Drug Abuse Offence and Treatment
Act of 1972 (PL 2 2 ), as amended, relating to nondiscrimination on time basis of drug abuse; )
The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act
of 1970(P -6 ),as amended, relating to nondiscrimination on the basis ofalcohol abuse or
alcoholism; 7)The Public Health Service Act of 1912,s .523 and 527 ( 2 USC ss, d_3 and
2 tee-3),as amended, relating to confidentiality ofalcohol and drug abuse patient records; ) Title
ill of the Civil Rights Act of 1 ( 2 USC s. 3601 et sego-),as amended,relating to
nondiscrimination in the sale, rental or financing of housing; )The Americans with Disabilities Act
of 19 ( 2 USC se 12101 Note),as may be amended from time to time, relating to
nondiscrimination on the basis of disability; 1 ) Monroe County Code Chapter 14,Article 11, which
prohibits discrimination on the basis of race,color,sex, religion,national origin,ancestry, sexual
orientation, gender identity or expression, familial status or age; 11)Any other nondiscrimination
mination
provisions in any Tede l or state statutes which may apply to the parties to,or the sorbet matter of,
this Agreement.
During the performance of this Agreement,time CONTRACTOR,AC'TO in accordance with Equal
Employment rtr ni( (30 Fed. Reg. 12319, 12935,3C.F.R. Part, l -1 Ca Comp.,p. 339),as
amended by Executive Order 11375,Amending Executive Order r 11246 e tin to Equal
Employment Oppormi0o,and implementing regulations at 41 .F.® m Dart 60(Office of Federal
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No Name Key Bridge NavigationalLights Repairs Project
Agreement Between Owner and Contractor
Contract Compliance Prognims, Equal Employment Opportunity, Department of Labor). See 2
C.F.R. Paft 200, Appendix 11,1 C,agrees as follows:
I) The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity, or
national origin. The contmaor will take affirtnative action to ensure that applicants are
employed, and that employees are treated during cmployment, 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 contmaor 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 any
employee or applicant for employment because such employee or applicant has inquired
about, discussed, or disclosed the compensation of the employee or applicant or another
employee or applicant. This provision shall not apply to instances in which an employee who
has access to the compensation information of ether 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 fumish information,
4) The contractor will send to each labor union or representative of workers with which it
has a collective bargaining agreement or other contract or understanding, a notice to be
provided by the agency contracting officer, advising the labor union or workers'
representative of the contractor's corntnitmenLs under section 202 of Executive Order 11246
of September 24, 19640, and shall post copies of the notice in conspicuous places available to
employees and applicants fbr employment.
5) The contractor will comply with all provisions of Executive Order 11246 or
September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of
Labor.
6) The contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of
Labor,, or pursuant thereto, and will permit access to his books, records, and accounts by the
contracting agency and the Secretary of Labor for purposes of investigation to ascertain
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No Numc Key Bridge Navigational Lights Repairs Project
Agreement Rewcen Owner and Conimclor
compliance with such rules, regulations,and orders.
7) In the event of the contractot's non-compliance with the nondiscrimination clauses of
this contract or with any of such rules, regulations, or orders, this contract may be canceled,
tenninated or suspended in whole or in part and the contmclor may be declared ineligible for
further Government contracts in accordance with procedures authorized in Executive Order
11246 of September 24, 1965, and such other sanctions may be imposed and remedies
invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation,
or order of the Secretary of Labor,or as otherwise provided by law.
7.8 Covenant of No Interest: County and Conti-door covenant that neither presently has any
interest, and shall not acquire any interest, which would conflict in any manner or degree with its
performance Linder this Agreement, and that only interest of each is to perfonn and receive benefits as
recited in this Agreement.
7.9 No Solicitation/Payment: 11re County and Contractor warrant that, in respect to itself, it has
neither employed nor retained any company or person, other than a bona ride 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 firni,other than a bona fide employee working solely for it, any
fee,commission, percentage,gift, or other consideration contingent upon or resulting from the award
or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that
the County shall have the right to terminate this Agreement without liability and, at its discretion, to
offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage,
gift,or consideration.
7.10 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 tinder its control subject to the provisions of Chapter 119, Florida Statutes,and made or
received by the County and Contractor in conjunction with this contract and related to contract
performance. The County shall have the right to unilaterally cancel this contract upon violation of
this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall
be deemed a material breach of this contract and the County may enforce the terms of this provision
in the form of a court proceeding and shall,as a prevailing party, be entitled to reimbursement of all
attomey's fees and costs associated with that proceeding. This provision shall survive any
terniffiabran or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records Law in
order to comply with this provision.
Pursuant to F.S. 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.
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No Name Key Bridge Navigational Lights Repairs Pmject
Agrcement&-tween 0mir and Contmoor
(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
to and following completion of the contract if the contractor does not transfer the records to the
County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records in
possession of the Contractor or keep and maintain public records that would be required by the
County to perforin the service. If the Contractor transfers all public records to the County upon
completion oft contract, the Contractor shall destroy any duplicate public records that are exempt
or confidential and exempt from public records disclosure requirements. If the Contractor keeps and
maintains public records upon completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be provided to the
County, upon request from the County's custodian of records, in a format that is compatible with the
infortnation 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 Coonty, but if the County does riot possess the requested records, the County shall
immediately notify the Contnactor 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 sectio met i 19.10, Florida
Statutes,
The Contractor shall not tmnsfer custody, release, alter, destroy or otherwise dispose of any
public records unless or otherwise provided in this provision or as otherwise provided by law,
IF THE CONTRACTOR HAS
APPLICATION OF CHAPTER E
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-
ARLAN a)MONROECOUNTY-FL.GOV MONROE COUNTY ATTORNEY'S
OFFICE 1111 12T11 Street,SUITE 408�KEX�, WE�STF�L330�40,
7.11 Non-Waiver of Immunity: Notwithstanding the provisions of See. 768.28, Florida Statutes,
the participation of the County and the Contractor in this Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local government liability
insurance pool cave shall not be deemed a waiver of immunity to the cxtent of liability coverage,,
nor shall any contract entered into by the County be required to contain any provision for waiver.
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Agivement Bct%vcvn Owner and Conimcior
7.12 of Harmless and Indemnification: Notwithstanding any minimum insurance
requirements prescribed elsewhere in this agreement, the Contractor covenants and agrees that he
shall defend, indernni and hold the COUNTY and the COUNTY's elected and appointed ofricers
and employees, harmless from and against (i) claims, actions or causes of action, (ii) 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) costs or expenses that
may be asserted against, initiated with respect to, or sustained by the County and the COUNTY's
elected and appointed officers and employees from liabilities damages, losses and costs, including but
not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or
intentional wrongful misconduct of the Contractor and persons employed or utilized by the
indemnifying party in the performance of the construction contract. The monetary limitation of
liability under this contract shall be not less than $1 million per occurrence pursuant to F. S. 725.06.
Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to
events or circumstances that occur during the to of this Agreement, this section will survive the
expiration of the to of this Agreement or any earlier termination of this Agreement.
C. In the event the completion of the project (including 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.
D. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the
indemnification provided for above.
E. The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within General Insurance Requirements Section 900. In
the event any claims are brought or actions are filed against the County with respect to the
indemnity contained herein, the Contractor agrees to defend against any such claims or
actions regardless of whether such claims or actions are rightfully or wrongfully brought
or riled. The Contractor agrees that the County may select the attorneys to appear and
defend such claims or actions on behalf of the County. The Contractor further agrees to
pay at the Contractor's expense the attorneys" fees and costs incurred by those attorneys
selected by the County to appear and defend such actions or claims on behalf of the
County at both the trial and appellate levels. The County at its sole option, shall have the
sole authority for the direction of the defense, and shall be the sole judge of the
acceptability of any compromise or settlement of any claims or actions against the
County.
7.13 Adjudication of Disputes or Disagreements: The Owner and Contractor agree that all
disputes and disagreement shall be attempted to be resolved by meet and confer sessions between
representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of
the parties, then any party shall have the right to seek such relief or remedy as may be provided by
this Agreement or by Florida law. This provision does not negate or waive the provisions of
concerning termination.
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Agreement Between Owner and Contractor
7.14 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 rewired 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.
7.15 Successorsand Assigns: The Contractor shall not assign or subcontract its obligations under
this agreement, except in writing and with the prior written approval of the Board of County
Commissioners for Monroe County, which approval shall be subject to such conditions and
provisions as the Board may deem necessary.
7.16 WrittenNotice: Written notice shall be deemed to have been duly served if delivered in
person to the individual or a member of the firm or entity or to an officer of the corporation for which
it was intended,or if delivered at or sent by registered or certified mail to the last business address
known to the party giving notice.
7.17 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 Pa '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, 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'Sfinancial 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 7
days of any event or circumstance that is reasonably likely to result in an Uncontrollable
Circumstance,and the anticipated duration 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 a no cost Change Order for such reasonable time as the Owners
Representative may determine.
7.18 Right to Audit.- Availability of Records.The records of the parties to this Agreement relating
to the Project, which shall include but not be limited to accounting records(hard copy,as well as
computer readable data if it can be made available; subcontract files(including proposals of
successful and unsuccessful bidders, bid recaps, bidding instructions,bidders list,etc);original
estimates;estimating work sheets;correspondence,change order riles(including documentation
covering negotiated settlements); bckcharge logs and supporting documentation;general ledger
entries detailing cash and trade discounts earned, insurance rebates and dividends;any other
supporting evidence deemed necessary by County or the Monroe County Office of the Clerk of Court
and Comptroller(hereinafter referred to as"County Clerk")to substantiate charges related to this
agreement,and al other agreements,sources of information and matters that may in County's or the
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Agreement Between owner and Contractor
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 County's
representative and/or agents or the County Clerk. County 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 confin-nations with employees, Subcontractors, suppliers,and
contractors* representatives, All records shall be kept for ten(10)years after Final Completion of the
Project.The County Clerk possesses the independent authority to conduct an audit of Records,
assets,and activities relating to this Prqiect. If any auditor employed by the Monroe County or
County Clerk determines that inonies paid to Contractor pursuant to this Agreement were spent for
purposes not authorized by this Agreement,the Contractor shall repay the monies together with
interest calculated pursuant to Section 55.0.3, F.S., running form the date the monies were paid to
Contractor.The figtht to audit provisions survives the termination of expiration of this Agreement.
All written correspondence to the Owner shall be dated and signed by an authorized representative of
the Contractor, The correspondence shall be directed to:
Ms.Judith Clarke, P.E.
Director of Engineering Services
Monroe County Public Works and Engineering Division
1100 Simonton Street
Key West, Florida 33040
ARTICLE 8
Termination or Suspension
8.1 Termination for Cause
8.1.1 Contractor or Owner may terminate this agreement, for cause,after providing Written Notice
of the default and if said default is not cured within 15 days,the agreement may be terminated upon
five(5)additional days' Written Notice.
8.2 Termination for Convenience and suspension by Owner
8.2.1 Contractor or Owner may terminate this agreement,without cause, upon providing 30 days
Written Notice.
8.2.2 The Owner may,without cause,order the Contractor in writing to suspend,delay or interrupt
the or in whole or in part for such period of time as the Owner may determine.
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Agreement Between Owner and Contractor
8.3 Scrutinized Companies
If the County detennines that the Contractor has been placed on the Scrutinized Companies that
Boycott Israel List, or is engaged in a boycott of Ismel, the County shall have the option of (1)
terminating the Agreement after it has given the Contractor written notice and an opportunity to
demonstrate the agency's determination of false certification was in error pursuant to Section
287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section
287.135(4), Florida Statutes,are met.
ARTICLE 9
Special Conditions
9.2 Cleaning Up
9.2.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste
materials or rubbish caused by operations under the Contract. At completion of the Work, the
Contractor shall remove from and about the project waste materials rubbish, the Contractor's tools,
construction equipment, machinery and surplus materials. Clean up shall be performed to the
satisfaction of the Owner.
9.3 Access to Work
9.3.1 The Contractor shall provide the Owner's Representative and the Owner access to the Work
in preparation and progress wherever located,
9.4 are of Trees,Shrubs and Grass
9.4.1 The Contractor shall be ffilly responsible for maintaining in good condition all vegetation
inside the County right-of-way. Contractor will conduct work in a manner that minimizes the amount
of ve-clation that is impacted by the Work. Where vegetation must be removed or destroyed incident
to the construction operation, the Contractor, after completion of the work, nrust replace or restore to
the original condition all destroyed or damaged shrubbery,grass areas or pea rock areas.
9,5 Maintenance of Traffic-The County to provide(see Attachment A-Scope of Services)
9.5.1 Tire Contractor shall be responsible for the proper maintenance control and detour of traffic in
the area of construction, during the course of construction. All traffic control and maintenance
procedures shall be in accordance with the requirements of the Florida D.O.T.
%5.2 All traffic control signs and devices, barricades, flashers, flambeaus and similar devices shall
be fumished and maintained by the Contractor.
9.5.3 Construction shall be conducted in such a manner to cause the least possible interruption to
traffic. Necessary access to and from adjacent properties shall be provided at all times.
9.6 Barricades and Protection of Work
Page I I
No Natne Key Bridge Navigational Lights Repairs Project
Agree nx-nt weer Owner and Contrulor
9.6.1 The Contractor shall protect his work throughout its length by the erection of suitable
barricades, where required. He shall further indicate his work at night by the maintenance of suitable
fights or flares. He shall comply with all laws or ordinances covering the protection of such work and
the safety measures to be employed therein. The Contractor shall carry out his work so as not to deny
access to private property, All utility access manholes, valves, fire kydrants,and letter boxes shall be
kept accessible at all times.
9.6.2 In the event or threat of a hurricane the Cone maor shall remove all equipment and material
from the roadway. He shall make the area safe to traffic and pedestrian. No object from the site
should pose a threat to anyone caused by wind or water.
9.7 Permits,Fees and Notices
9.7.1 The Contractor shall secure and pay for all peffnits, impact fees, governmental fees, licenses,
inspections and surveys required by Federal, State, or Municipal bodies having jurisdiction over the
project for the proper execution and completion of the Work which are customarily secured after
execution of the Contract.
9.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules,
regulations and lawful orders of public authorities bearing on performance oft e Work.
9.7.3 If the Contractor performs Work knowing it to be contmry to laws, statutes, ordinances,
building codes, and rules and regulations without such notice to the Owner, the Contractor shall
assume full responsibility for such Work and shall bear the attributable costs.
ARTICLE 10
PROTECTION OF PERSONS AND PROPERTY
10.1 Safety Precautions and Programs
10.1.1 The ContraCtor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the performance of the Contract.
10.2 Safery of Persons and Property
10.2.1 The Contractor shall take reasonable precautions for safety of,and shall provide reasonable
protection to prevent damage, injury or loss to:
1.employees on the Work and other persons who may be affected thereby;
1 the Work and materials and equipment to be incorporated therein, whether in storage on or
"the site,under care,custody or control of the Contractor or the Contractor's SUbcontractors or
Sub-subcontractors;
3. other property at the site or adjacent thereto, such as trees,shrubs, lawns,walks,
pavements,roadways,structures and utilities not designated for removal, relocation or
replaccment in the course of construction;and
4.construction or operations by the Owner or other Contractors.
Page 12
No Name Key bridge Navigational Lighu Repairs Project
Agm-ement Between Owner and Contmelor
10.12 The Contractor shall promptly remedy damage and loss to property caused in whole or in part
by the Contractor,a Subcontractor,a Sub-subcontractor,
103 Emergencies
10.11 In an emergency affiecting safety of persons or property, the Contractor shall act,at the
Contractor's discretion, to prevent threatened damage, iqjury or loss. Additional compensation or
extension of time claimed by the Contractor on account of an emergency shall be determined by the
Owner.
Article I I
Change Orders
11.1,I Description: A Change Order is a written instrument prepared by the Owner and signed by the
Owner and Contractor stating their agreement upon all of the following. I�A change in the work 2.
The amount of the adjustment in the contract Sum, if any;and 3. The extent of the adjustment in the
Contract Time, if any.
I I.1.2 Changes in the Work may be accomplished after execution of the contract, and without
invalidating the Contract, by Change Order. The Contractor may only seek a no cost Change
Order for such Yvaso cal e time as the Owner may determine,
11.1.3 EPr_ocedurL. Should the Owner contemplate making a change in the Work or a change in
the Contract Time of Completion,the Director of Engineering Services will provide the Contnictor
a description of the contemplated change.The Contractor will either:
1. Make the described change in the Work at no change in the Contract Sum and no
change in the Contract Time of Completion;
2. After analyzing the described change, promptly advise the County Director of
Engineering Set-vices as to credit or cost proposed for the described change and time
adjustment, if any;or
3. Meet with the County Director of Engineering Services as required to explain costs and
firma adjustments when appropriate and determine other acceptable ways to achieve the
desired objective.
REMAINDER.OF PAGE LEFT BLANK
Page 13
No Name Key Bridge Navigational Lights Repairs Project
Agreement Between Owner ad Contractor
IN I E S WHEREOF the parties hereto have executed this Agreement on the day and date
first itten above.
COMMISSIONERSBOARD OF COUNTY
OF MONR NTY, FLORIDA
�County"" 'nit to
Date 0 l
CONTRACTOR WITNESS
By: ,....,` m y.
Printed name: Printed name:--
Title . .. Title.
Page 14
No Name Key Bridge Navigational Lights Repairs Project
Agreement Between Owner and Contractor
ATTACHMENT A
SCOPE OF WORK
Page 15
No Name Key Bridge Navigational Lights Repairs Project
Agreement Between O%vncr and Contractor
The scope of services will consist of the following:
Installation and wiring of six new channel marker lights and furnish all necessary materials, labor
and equipment to complete the electrical system. Work is to include but not limited to the repairs or
replacement oft a lights,batteries and solar panels in order to provide a working navigational
electrical system that is USCG approved.
Page 15
No Name Key Bridge Navigational Lights Repairs Project
Agreement Between Owner and Contractor
3255 Flagler Ave.#303
Key West,FL 332040
Office 305,292,3369
Fax.305.294.3738
Llc.EC13004515
Proposal#19-218
Date:August 7,2019
i9kMInIAIM
Rieck,bill@monreecounty-fl.gov
Slavik-martV@monroacountV-fl.gov
Bo le Bridge
91
No Name Key
599ag of—Work.- Installation/wiring of six (6) new channel marker lights.
Enluslanz
• Permit&Administrative fees.
• Private Inspector fees(if required).
• Unforeseen electrical Issues:
• Patching/painting repairs.'
• Moving of fumiture/appliances.
• Removal of existing lights.
• Davis Bacon Wages:
Rr-04LQSA1-CQV t ,$30 14 QO
L ---D- -
Check Mectric,LLC proposes to furnish the necessary materials,labor and equipment to complete the electrical portion of the subject
Job based on site visit
A09VtJ1c2-QLVxapAuL-The above prices and specifications are satisfactory and are hereby accepted,
Print Name.
Acceptance Signature: Date:
Price of this proposal is based on following insurance limits Commercial General Liabd ty S1,000,000 Each Occurrence/$2 000 000
Annual Aggregate Automobile Liability: $1,000,000 Each Accident:Workers Compensation and Employers Liability- $1,000 000 Each
Accident for Bodily injury by Accident and$1,000,000 Each Employee for Injury by Disease
Any alteration or deviat on from above specifications involving extra costs will be executed only upon written order and will become an extra
charge over and above the estimate. All work is to be completed during hernial work hours of Monday through Friday from 8 00 AM till 5 00
PM Any work requested to be completed outside normal work hours will be an additional cost.
This proposal may be withdrawn and supplier quotes void if not accepted within fifteen(15)days from date of submission.
ATTACHMENT B
COUNTYFORMS
Page 17
No Name Key Bridge Navigational Lights Repairs Project
Agreement M%vecn Owner and Contractor
I
1, 0 of the city of according to law on my oath, and
under penalty of perjury,depose and say that;
1. I am Y _ of the firm of
the bidder m Ong the Proposal for the project
described in the Request for Competitive Solicitations for:
PERLect
Monroe County, Florida
and that 1 executed the said proposal with full authority to do so;
2.) the prices in this bid have been arrived at independently without collusion, consultation,
communication or agreement for the purpose of restricting competition, as to any matter
relating to such process with any other bidder or with any competitor;
3.) unless otherwise required by Iaw, the prices which have been quoted in this bid have not been
knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder and will
not be knowingly disclosed by the bidder prior to bid opening, directly or indirectly, to any
other bidder or to any competitor;and
.) no attempt has been made or will be ade by the bidder to induce any other person,
partnership or corporation to submit, or not to submit, a bid for the purpose of restricting
competition;
5. the statements contained in this affidavit am true and correct, and made with full knowledge
that Monroe County relies upon the truth of the statements contained in this affidavit in
awarding contracts for said project.
(Signature of Bi er) ate)
T F. FlonlriQ
COUNTY F:
PERSONALLY APPEARED BEFORE E,the undersigned authority,
(name of individual signing}cvho!` ,�a ear first being sworn by e,affixed histher signature in space provided above on t is,
8
No,
A RIEAL HE ERA
Notary Public-State of Flar6da
-+ i Commission#GG 909186
` My Commission Expires NOTARY PUBLIC
October 25.2023
Ivry commissio
Page 18
No Name Key Bridge Navigational Lights Repairs Project
Agreement Between Owner and Contractor
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY,FLORIDA
Of Cht U_ EITtric
............ ------- ...........
(Company)
... warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or
employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or
employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the
County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct
from the contract or purchase price,or otherwise recover,the full amount of any fee,commission, percentage,
gift,or consideration paid to the former County officer or emp o eft.
I soj
(Signature) (Date)
STATE OF nfn
COUNTY OF_h6LCjQC_
PERSONALLY APPEARED BEFORE ME,the undersigned authority,
C-LT OL)010�- who,after first being swom by me,aff ixed his/her
Signature m.. in the space provided
(Name of individual signing)
Above onthis yd day of CC q.
20,1
NOTARY PUBLIC
My commission expires:
GABRIEAL HE ER
Notary Public-State of Florida
Commission#GG 909186
my commission Expires
October 26,2023
Page 19
No Name Key Bridge Navigational Lights Repairs Project
Agreement Between Owner and Contractor
DRUG-FREE WORKPLACE FORM
The undersigned.Contractor in accordance with FI.Statute 287.087 hereby certifies that:
(Name_... o Business)
1. ..
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the actions
that will be taken against employees for violations of such prohibition.
. Inform such employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs,and the penalties that may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are under bid a
copy of the statement specified in subsection(I).
. In the statement specified in subsection (1), notify the employees that, as a condition of working on
the commodities or contractual services that are under bid, the employees will abide by the terms of
the statement and will notify the employer of any conviction of,or plea of guilty or polo contendere to,
any violation of Chapter 8 (Florida Statutes)or of any controlled substance law of the United States
or any state, for a violation occurring in the workplace no later than five(5)days after such conviction.
. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee who is so
convicted.
6, Make a good faith effort to continue to maintain a drug-free workplace through implementation of
this section.
Asa person authorized to sign the statement, i certify that this flrm complies fully with the bov quirements.
idder's Signature a
Date
Page 20
No Name Key Bridge Navigational Lights Repairs Pmjcct
Agreement Between owner and Contractor
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or repair
of a public building or public work, may not submit bids on leases of real property to public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
CONTRACTOR under a contract with any public entity, and may not transact business with
any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes,
for CATEGORY TWO for a period of 36 months from the date of in placed on the convicted
vendor list."
rel
I have read the above and state that neither OXOM (Proposer's name)
nor any 44iliate has been j �d on the convicted vendor list within the last 36 months.
....................
(Signature) (Date)
STATE OF: F_10 r1do
COUNTY OF: MCr)t-OC
Subscribed and sworn to(or affirmed)before me on the 'lay of 201q, by
)CI name of iat). He/She is�
pers opa�!,11�known to me or
has produced.--- (type of identification)as
identification.
GASRIEAL HERRERA
Notary Public-State of Florida
Commission#06 909184
My Commission Expirts
My Commission Expires: October 25,2023
NOTARY PUBLIC
Page 21
No Nam Key Bridge Navigational Lights Repairs Project
Agreement Between Owner and Contractor
mmUTINIZED COMPANIES LISTS
Project srpts ,r Respondent
Vendor Name
Vendor FEIN:
Vendor's Authorized Representative Name and Title:,
Address: ..n `.._. ....._ ,. ..... .. ..._...._,_, . H,. . ___ ... _....
City®® State: p
phony yam -r:
Emai I Address: f T C Y-C ICC+�i
Section 287.135, Florida Statutes prohibits a company from bidding on, submitting proposal for,or
enteringinto or renewing a contract for goods or services of any amount if,at the time of contracting
r renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant t
Section15. 7 5, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida
Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or
renewing contract for goods or services of$1,000,000 or more, that are on either the Scrutinized
Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the hart
Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is
engaged in business operations in Cuba or Syria
As the person authorized to sign on behalf of Respondent, i hereby certify that the company
identified above in the Section entitled "Respondent Vendor Name"' is not listed on the Scrutinized
Companies that Boycott Israel List or engaged in a boycott tt Israel and for Projects of S 1,000,000 r
more s not listed on either the Scrutinized Companies with Activities in Sudan gist, the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business
operations in Cuba or Syria.
understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification
may subject company to civil penalties, attt ey's fees, andlor costs, i further understand that any
contract, with the County may be terminated, at the option of the County, if the company is found t
have submitted a false certification or has been placed on the Scrutinized Companies that Boycott
st ei List or engaged in a boycott of Israel or placed on the Scrutinized companies with activities in
Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or
been engaged in business operations in Cuba or Syria.
Certified , who is
authorized to sign on behalf of the above referenced companly.
Authorized ignature_,..__,,,_,a
Print e:
e
Page
No Nome Key Bridge Navigational l Lights Repairs Paaajecr
raa aaa a t Detween Owner and Corttmcfor
Note:The Gist are available at the following Department of ManagementicesSite:
htt :f� `vrv.d s °flcrri cottl �ti ess r °ts lit•to clzas` !ventr in format ion/corn1icted
susfiend d discriminatory comolaints vender lists
Page 23
o Name Key Bridge Navigational Lights Repairs Project
Agreement Between owner and Contractor