Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
06/29/2020 Agreement
Monroe Count3 Purchasing Polc and Procedures ATTACH NI ENT..D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN $50,000.00 Contract with: Bay to Ba. Restoration Contract# Effective Date: Expiration Date: ktA Purpose/Description: Existin Coating1300 i5 Ft o Cove Base 400 LnFt bri-Flex CQ 1300 SgFt Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: (Name) (Ext.) (Department/Stop#) CONTRACT COSTS Total Dollar Value of Contract: $ a [ Current Year Portion: $ (must be less than$50,000) (If multiyear agreement then requires BOCC approval,unless the rotal Cumulahvc sanounl is less 111M bt1�F tt�sti�ii1�5st �ri�A� l �s �rll� ys�d Budgeted?Yes❑ No x❑ Account Codes: 101-20505 - Grant: $ _ - r- County Match: $ ®®� ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: Not included in dollar Value above e. .maintenance utilities 'anitorial,salaries etc. CONTRACT REVIEW Changes Date In Needed Rg .wQ1. Date In ' ° Department Head Yes[]No ✓ °o- 06/29/2020 DigiWy sigrioid by fla ' 'a County Attorney Yes No ✓ Patricia Fables ,° 0 2917.54& 06/29/2020 Risk Management YesFNonv v� ���°��;�� 06/30/2020 Maria Slavik ��� �� ����.� Christina Brickell ~i °- 06/30/2020 O.M.B./Purchasing Yes❑NoQ Comments: Revised BOCC 3/18/2020 Page 74 of 92 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR SERVICES FOR Refurbishing of the Dorm Bathroom Floors at the MCDC, 5501 College Key West, .! COMMISSIONERSFL 33040 BOARD OF COUNTY Mayor Heather Carruthers, District Mayor Pro Tem Michelleof it , District Craig Cates, District David Rice, District Sylvia District COUNTY ADMINISTRATOR Roman Gastesi Clerk of the Circuit Court Asst.County Administrator Kevin Madok Kevin Wilson 6/1 /20 PREPARED Y: Monroe County Correction Facilities Department I Monroe County Correction Facilitie� Bert Scope of Work Name:Job Floor Refurbishingt t r Job Location: 1 College Rd., Key West, FL 33040 Contact: Dan Bensley Correction Facilities Dan e sley bensle -dpn' lnonroe'c'ount -p,gov 305-587-3239 Martina Lake l ' ' nroc ount m gpy 305-295-3998 PROJECT OVERVIEW PROJECT INTENT AND SCOPE GENERAL REQUIREMENTS 1. Project Overview Enter into a contract with a qualified Contractor to Refurbishexisting t ro m Floors in the Dormitories at the Monroe County Detention Center. All quotes are due by Friday, June 12, 2020, ., via email to _a_ _- ma inw4 q roec t, qy. All Quotes must state they will be good for one hundred twenty(1 ) calendar days from u mittl due date. 2. Project c Scope of Work: (1) Remove 1300 S , Ft. of ExistingCoating (2) Apply 400 Ln. Ft. Epoxy Cove Base (3) Apply 1300 Sq. Ft. Hybri-Flex CQ 2 (4) Contractor shall supply all of the needed materials and hardware to complete the project as noted in the Project Overview and Scope above, which shall include all permits, if any are needed. 3. General Requirements A) Contractor shall coordinate activities with Monroe County Public Works, B) The Contractor shall ensure that all non-exempt employees for this effort are compensated in accordance with all State and Local Laws- C) Load, haul, and properly dispose of all construction debris and materials, D) Provide and maintain appropriate (OSHA required)construction warning signs and barriers. E) Furnish all required work site safety equipment. F) Furnish and maintain on-site material safety data sheets (MSDS) for all materials used in the construction. G)Construction work times shall be limited to: Specified by the County H) All materials must be approved by submittal prior to commencement of work. 1)Contractor shall provide a lump sum price by Friday.June 12,2020, at 3:00 p.m., via email as noted herein. J)Contractor needs to be aware of weather and location and plan accordingly. K) Contractor needs to be aware of the facility, its residents, and staff with unusual schedules and plan accordingly. L) Contractor shall provide a safety lift plan for all crane/hoist work. M)Contractor to provide schedule for all phases of the project. N)Contractor to coordinate all activities with concurrent site work being performed,if any. 0) Insurance Requirements: Workers Comp Employers Liability $1 00,000!$500,000/$I00,000 Bodily Injury by Accident/Bodily 3 Injury by Disease, policy limits,'Bodily Injury by Disease each employee General Liability $200,000 per Person; $300,000 per Occurrence $200,000 Property Damage or 5300,000 Combined Single Limit Vehicle: $200,000 per Person (Owned, non-owned, and hired vehicles) $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Builders is Not Required Construction and Not Required The Monroe County Board of County Commissioners shall be named as Additional Insured on General Liability and Vehicle policies. P)The Contractor is required to have all current licenses necessary to perform the work. Q) INDEMNIFICATION, HOLD HARMLESS,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 connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the to of this Agreement,(B)the negligence or recklessness,intentional wrongfttl 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 to 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 Section 725.06, Florida Statutes. Insofar as the claims, actions, causes of action, litigation, proceedings,costs or expenses relate to events or circumstances that occur during the to 4 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 indcmnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor,the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. R) NON-COLLUSION. By signing this proposal, the undersigned swears, according to law on his/her oath,and under penalty of perjury,that their firm executes this proposal with prices arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition,as to any matter relating to such prices with any other bidder or with any competitor. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly,to any other proposer or to any competitor. No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit a proposal for the purpose of restricting competition. The statements contained in this paragraph are true and correct, and made with the full knowledge that Monroe County relies upon the truth of the statements contained in this paragraph in awarding contracts for this project. S) ETHICS CLAUSE. By signing this proposal, the undersigned warrants that helshe/it has not employed, retained or otherwise had act on his/hers/its behalf any former County officer oremployee in violation 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 Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. T) DRUG-FREE WORKPLACE. By signing this proposal, the undersigned certifies that the Contractor complies fully with, and in accordance with Florida Statute, Section 287.087,the requirements as follows: 51 1) They will publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specify the actions that will be taken against employees for violations of such prohibition. 2) Inform 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 1. 4) 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 employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) 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, for any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation oft is section. ADDITIONAL CONTRACT PROVISIONS 1) Nondiscrimina 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. Contractor 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: 1) Title V11 of the Civil Rights Act oft (PL 88-352) which prohibits discrimination on the basis of race,color or national origin; 2)Title IX of the Education Amendment of 1972, as amended (20 USC ss. 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 s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act oft975, as amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the is of alcohol abuse or alcoholism-,7)The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as 6 amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIll of the Civil Rights Act of 1968 (42 USC s. 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 s. 12101 Note), as may be amended from time to time,relating to nondiscfimination on the basis of disability; 10) 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 provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of,this Agreement. 11) Termination Provisions. A. In the event that the Contractor shall be found to be negligent in any aspect of service, the County shall have the right to terminate this agreement after five (5) days' written notification to the Contractor. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty(60)days' written notice of its intention to do so. C. Termination for Cause and Remedies: In the event of breach of any contract terms, the County retains the fight to tertninate this Agreement. The County may also terminate this 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 five (5) calendar days' 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 ten-ninates this agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this agreement prior to tennination,unless the cost of completion tote 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. Inaddition, 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' False Claims Ordinance, located at Section 2-721 ct al. of the Monroe County Code. D. Termi nation Jor.,Convenience: The County may terminate this Agreement for convenience, at any time, upon seven(7)days' notice to Contractor. If the County terminates this agreement with the Contractor,County shall pay Contractor the sum due the Contractor under this agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract. The maximum amount due to Contractor shall not exceed the spending cap in this Agreement. Inaddition, the County reserves all rights available to recoup monies paid under this Agreement, including the fight 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 Art. IX, Section 2-721 et al. of the Monroe County Code. 7 E. Scrutinized Companies; For Contracts of any amount, if the County detennines that the Con tractor/Consu I tant 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 (I) 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. 111)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 fora period of seven(7)years from the termination of this agreement or for a period ofthree (3) years from the submission oft a final expenditure report as per 2 CFR §200.33,whichever is greater. Each party to this Agreement or its 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(4) years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03 of the Florida Statutes, running from the date the monies were paid by the County. IV) Ri it. Availability of Records. The records of the parties tothis Agreement relating to the Project,which shall include but not be limited to accounting records(hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files(including documentation covering negotiated settlements); backcharge logs and supporting documentation;general ledgere tries 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 all other agreements, sources of information and matters that may in County'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 County's representative and/or 8 agents or the County Clerk. County or County Clllerk irnay also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, subcontractors, suppliers, and contractors' representatives. All records shall be kept for seven (7) years after Final Completion. The County Clerk possesses the independent authority to conduct an audit of records, assets, and activities relating to this Project- If any auditor employed by Monroe County or County 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 Section 55.03, Fla, Stat,, running from the date the monies were paid to Contractor. The right to audit provisions survive the termination oft a expiration oft i reement. V) 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 all 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 tote 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 ofthis provision byte Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach oft is contract and the County may enforce the terms of this provision in the form of a court proceeding adshall, 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 oft a contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions oft is contract, the Contractor is required to: (1) Keep and maintain public records that of 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 9 duration of the contract to and following completion of t1he contract if the contractor does not transfer the records to the County, (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract,the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a fonnat that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records tothe 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 contmct, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUES ONS REGARDING THE APPLICATION OF CHAPTER 119, ORIDA STATUTE THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT ONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292- 3470s BRADLEY-BRI NROECOUNTY-FL MONROE COUNTY ATTORNEY'S OFFICE,..1111 12 TH Street, SUITE 408,KEY WEST, FL 33040. 10 PROPOSAL FORM SALT Monroe County Correction Facilities 5501 College Rd. Key West, FL 33040 PROPOSAL FROM: -Bay to Bay Stone Restoration Inc. 2110 Lincoln Street Suite H Holl od FL 33020 The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of- Refurbishing of the Dorm Bathroom Floors at the MCDC, 5501 College Rd., Key West, FL 33040 and having carefally examined the site where the or is to be performed, having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself with material availability, Federal, State, and Local laws,ordinances, rules and regulations affecting performance of the Work, does hereby propose to famish all labor, mechanics, superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said Work and work incidental hereto, in a work an-like manner, in conformance with said Drawings,Specifications,and other Contract Documents including Addenda issued thereto. The undersigned further certifies that he/she has personally inspected the actual location of where the Work is to be performed,together with the local sources of supply and that he/she understands the conditions under which the Work is to be perfon-ned. The proposer shall assume the risk of any and all costs and delays arising from the existence of any subsurface or other latent physical condition which could be reasonably anticipated by reference to documentary information provided and made available, and from inspection and examination of the site. The undersigned agrees to commence performance of this Project within ten(10)calendar days after the date of issuance to the undersigned by Owner of the Notice to Proceed/Purchase Order/Task Order. Once commenced, undersigned shall diligently continue perfon-nance until completion of the Project. The undersigned shall accomplish Substantial Completion of the Project within Ninety(90) calendar days. The undersigned shall accomplish Final Completion of the Project within Thirty (30) calendar days thereafter. The Base Proposal shall be furnished below in words and numbers. If there is an inconsistency between the two, the Proposal in words shall control. ,$ Twenty Seven Thousand Dollars. (Total Base Proposal - words) S 279000.00 ----Dollars. (Total Base Proposal —numbers) I acknowledge Alternates as follows: N"'A I acknowledge receipt of Addenda No.(s): Page 12 of 24 In addition, Proposer states that he/she has provided or will provide the County upon request a certified copy of Contractor's License, Monroe County Occupational License, and Certificate of Liability showing the minimum insurance requirements for this project. Execution by the Contractor must be by a person with authority to bind the entity. By signing this agreement below, the Contractor has read and accepts the terms and conditions set forth by the Monroe County General Requirements for Construction found at the link on the Monroe County web page: http://tl-monroecoun .civicplus com/Bids.aspx?CatID=18; AND accepts all of the terms and conditions and all Federal required contract provisions herein. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives,as follows: Contractor: BAY TO BAY STONE RESTORATION INC. Mailing Address: 2110 LINCOLN STREET SUITE H FORT LAUDERDALE. FL 33020 Phone Number: 954-374-9053 E.I.N.: 46-1870675 Email: Contact@btbsr.com Date: 6/22/2020 Signed: Jeffrey Poritz CEO Name Title Contractor's Witness signature: n Witness name: Benson Eucher Date: 6/22/2020 The County accepts the above Proposal: MONROE LORIDA By Date: , County Administrator or Designee MO ,E COUNTY ATTORNEY'S OFFIM AS � EX0.1 F rt Page 13 of 24 AWW PAIR M DATE. �l NON-COLLUSION AFFIDAVIT 1, Jeffrey Poritz of the city of HOLLYWOOD according to law on my oath, and under penalty of perjury, depose and say that: 4• i am CEO of the firm of BAY TO BAY STONE RESTORATION INC. the proposer making the Proposal for the project described in the notice for calling for proposals for: Monroe County Jail and that I executed the said proposal with full authority to do so; 2. The prices in this proposal have been arrived at independently without collusion,. consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; and 3. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor; and 4. No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition; and 5. The statements contained in this affidavit are true and correct, and made with full knowledge qUmld 6/22/2020 (Signature r s (Date) STATE OF: FLORIDA COUNTY OF: BROWARD Subscribed and sworn to (or affirmed) before me, by means of® physical presence or ❑ online notarization, on 612212020 (date) by Jeffrey Poritz (name of affiant). He/She is personally known to me or has produced (type of identification) as identification: NOTARY PUBLIC My commission expires: February 12,2023 (SEAL) ' ' Elena Euder •� Cn - I Ix#0=212 Page 14 of 24 Expkn:hbmiry 12,2023 J i Bondal Thm Aimn Molary LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE BAY TO BAY STONE RESTORATION INC. of (Company) warrants that helshelit has not employed, retained or otherwise had act on his/her/ its behalf any former County officer or'employee in violation 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, co ' sion, percentage, gift, or consideration paid to the former Co ffi ee". (Signature) Date: 6/22/2020 STATE OF: FLORIDA COUNTY OF: BROWARD Subscribed and sworn to (or affirmed) before me, by means of® physical presence or O online notarization, me on June 22nd 20 20 (date) by (name of affiant). He/She is personally known to me or has produced Jeffrey Poritz as identification. (Type of identification) zl— Q-CA'� NOTARY PUBLIC My commission expires: February 12,2023 Etertsorr Father (SEAL) /663012d2 " Expir":Fibrrrary 12,2023 n Bonded Mm Airom Rotary Page 15 of24 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute, Sec; 287.087 hereby certifies that: BAY TO BAY STONE RESTORATION INC. (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse In the workplace, the business's Policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations,. 3. Gives each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five(5)days after such conviction. 5. Imposes a sanction on, or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, for any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this fi ompli s with t hove requirements. � Proposer's Signature 6/22/2020 STATE OF: FLORIDA Date COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of IN physical presence or ❑ online notarization, me on June 22nd 20 20 (date) by (name of affiant). He/She is personally known to me or has produced Jeffrey Poritz as identification,identification) (Type of February 12,2023 NOTARY PUBLIC (SEAL) My Commission Expires: February 12,2023 Eieneora t:udar (berdWm1=M282 Egkn:Fshmry 12,2023 Bonded Yhru Asim Notary Page 16 of 24 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 thirty- six (36) months from the date of being placed on the convicted vendor list." I have read the above and state that neither Jeffrey Poritz (Proposer's name) nor any Affiliate has been placed on the convicts vend ist within the last thirty-six (36) months. ................. �.w (Signatur Date: 6/22/2020 STATE OF: FLORIDA COUNTY OF: BROWARD Subscribed and sworn to (or affirmed) before me, by means of® physical presence or ❑ online notarization, on the 22nd day of June , 20 20 , Jeffrey Poritz (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. My Commission Expires: February 12,2023 r,Jx February 12, 2023 NOTARY PUB IC (SEAL) * Expires:Fhbrasry 12,2023 F Bandid ihm Amon Notary Page 17 of 24 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute, Sec. 287.087 hereby certifies that: BAY TO BAY STONE RESTORATION INC. (Name of Business) 1 Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's Policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged In providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection (1). 4. In the statement specified In subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under proposai, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5)days after such conviction. 5. Imposes a sanction on, or requires the satisfactory participation In a drug abuse assistance or rehabilitation program If such is available in the employee's community, for any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this fr ompll s with # ve requirements. - 7 Proposer's Signature s122J2020 STATE OF: FLORIDA_ Date COUNTY OF. Subscribed and sworn to (or affirmed) before me, by means of IN physical presence or El online notarization, me on June 22nd 20 20 (date) by (name of afl7ant). He/She is personally known to me or has produced identification) Jeffrey Poritz as identification. (Type of �'� February 12,2023 NOTAR PU LIC (SEAL) My Commission Expires: February 12,2023 ' t3enson Esher GaaeT�bn308�Ot23'1 Expkee:hbnwry 12.2023 ,,, Bonded Thm Aaron INoNq Page 16 of 24 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s); Respondent Vendor Name: BAY TO BAY STONE RESTORATION INC. Vendor FEIN: 46-187Q675 Vendor's Authorized Representative Name and Title: Jeffre Poritz Address: 2110 Lincoln Street Suite 11 City:_ Hollywood State: FL zip: 33020 Phone Number Email Address; Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List,created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel, 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. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the COUNTY may be terminated,at the option of the COUNTY, if the company is fo in a boycott of Israel. und to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged Certified By: Jeffrey P itz , who is authorized to sign on behalf of the above referenced company„ Authorized Signature: Print Name: Jeffrev ritz Title: Note:The List are available at the following Department of Management Services Site; kt / s m fiori co+n bu me s Ma ersti ra /sl e_in rch�s_wq/ pr.in(or ..aticnl t n i t d_ ended iscri to Co i ruts v or lists Page 19 of 24 INSURANCE REQUIREMENTS AND FORMS COUNTY,MONROE FLORIDA General r ce Requirements For Othertractors,Subcontractors and ProfessionalServices As a pre-requisite of the work and services govemed, or the goods supplied under this contract (including the pre-staging f personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. Alternatively, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre- staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work,resulting o 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 b imposed if the work commenced on the specified date and time,except fort the Contractor's failure to provide satisfactory evidence. e Contractor shall maintain the required insurance throughout the entire term oft is contract an any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all WOTk until the required insurance s been reinstated or replaced. Delays in the completion of work resulting 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 s if the work had not been suspended,except fort the Contractor's failure to maintain the required insurance. e 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 oft the required insurance,either: •Certificate of Insurance or •A Certifiedcopy of the c l insurance policy. e County, at its sole option, has the right to request a certified copy of any or all insurance policies required this contract. II insurance policies must specify that they arc not subject to cancellation, non-renewal, material change,or reduction in coverage unless a minimumof thirty(30)days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relievingthe Contractor from any liability or obligation assumed n r this contract or imposed law. The Monroe County Board of County Commissioners, its employees and officials will be included "Additional Insured"on all policies,except forWorkers' Compensation, Page 19 of 24 Any deviations from these General Insurancc Requirements must be requested in writing oil the County prepared form entitled"Request for Waiver of Insurance Requirements"and approved by Monroe County Risk Management Department. Page 20 of 24 PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Workers Comp Employers Liability $100,0001$500,0001$100,000 Bodily Injury by Accident/Bodily Injury by Disease, policy limits/Bodily Injury by Disease each employee General Liability $200,000 per Person; $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Vehicle $200,000 per Person (Owned, non-owned,and hired vehicles) $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Builders Risk Not Required Construction on Not Required The Monroe County Board of County Commissioners shall be named as Additional Insured on General Liability and Vehicle policies. INDEMNIFICATION, HOLD HARMLESS, 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 connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees;during the to oft i eement,(B)the negligence or recklessness, intentional wrongful misconduct, errors or other wrongfW 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 oft a obligations that it undertakes under the terms oft i reement, except tote 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 Sl million per occurTence pursuant to Section 725.06, Florida Page 21 of 24 Statutes. Insofar as the claims,actions,causes of action, litigation,proceedings,costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from Such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor,the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10-00) of remuneration paid to the Contractor is for the indemnification provided for the above. The extent of liability is in no way limited to,reduced,or lessened by the insurance requirements contained elsewhere within this Agreement. PROPOSER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all of the requirements herein. I fully accept the indemnification and hold harmless and duty to defend as set out in this proposal, Jeffrey Poritz PROPOSER Signature Page 22 of 24 INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the proposer named above. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES e Liability policies are�Occurrence Claims Made fA5 LVt 1 Vic. Insurance ency Signature. Page P of 24 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATZN GM-Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERIS)t AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SU13ROGATFON IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER ASSURE + Manatee1931 Ave INSURED 'Ul= Insurance Co :. Bay to Bay Stone Restoration Inc INSURERB Normandy Insurance Co 1 Lincoln -i Hollywood, FL 33020 :.. THIS ISS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN iSSUED TO THE iNsURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CMAYERTIFICATE ISSUED OR MAY PERTAIN ::.; THE POLICIES DESCRIBED HER8.N IS SUBJECT ■ EXCLUSIONSAND CONDITIONSOF SUCH POLICIES LIMITSSHOWN MAYHAVE BEEN REDUCED BYPAM CLAIMS COMMERCIAL GENERAL LIABILITY ■■ " El OCCUR �1:i .T.D • - ,,'�TTifT31�© 1 ! 1 1 '1 11 GEN'L AGGREGATE LIMIT APPLIES PER 1 1 1 # 1 1 ! . OTHERALLOWNED ©- AUTOMOBILE LIABILITY ANYAUTO SCHEDULED �iAUTOS AUT M , *AUTOS! D ©�®�:.. :. / /1 1 1•:: :.. 1. 1 . / 1 1 1 1 / ■ . . � : 'AND FMPLOYERS'LLABIUTY YIN OFFICE1011MEMBER EXCLUDED? (Mandatory In NMI ll� +III/1[/IIIIT♦ _ .1, 'it 11092aum no Monroe County BOCC SHOULD ANY OF THE ABOVE DESCRIBED-. D BEFORE 11 Simonton - . : DATE THEREOF NOTICEDELIVERED ACCORDANCEO EN Key Wet FL. 33040 ACCARlY CERTIFICATE OF LIABILITY INSURANCE 6/29/2020D/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER NAOMEACTMandy Elmore ASSURE LLC PHONE (941) 739-5121 A/C No:(941)739-5608 1931 Manatee Ave W E-MAIL ADDRESS man y assure Or1 a.COm Bradenton, FL 34205 INSURERS AFFORDING COVERAGE NAIC# INSURERA: AMGUARD Insurance Co 42390 INSURED Bay to Bay Stone Restoration Inc INSURER B: Normandy Insurance Co 13012 2110 Lincoln St, Suite H INSURERC: INSURER D Hollywood, FL 33020 INSURER E: (954) 663-9587 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AUUL 5UbK POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1 000 000 CLAIMS-MADE El OCCUR PREMISES Ea occurrence $ 50,000 BABPO50054 09/11/1909/11/20 MED EXP(Anyoneperson) $ 5,000 A PERSONAL&ADV INJURY $ INCLUDED GEN'L AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY E]PRO Q LOC APPROVED RISK M NAGEME T PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY - COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO 7BAAUO57988 09/11/1909/11/20 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED A AUTOS AUTOS BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE $ HIREDAUTOS AUTOS Per accident PIP $ , X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB BAUM005209 09/11/1909/11/20 A CLAIMS-MADE AGGREGATE $ 5,000,000 DED I I RETENTION WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE /N NHFLO118182020 04/05/2004/05/21 E.L.EACH ACCIDENT $ 1,000,000 B OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ r r 000 Ifyes,describe under 1 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Monroe County BOCC is listed as additional insured to the General Liability and Automobile Liability policy. CERTIFICATE HOLDER CANCELLATION Monroe County BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1100 Simonton St. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Key Wet FL. 33040 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD