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Item C11 C.11 J �� BOARD OF COUNTY COMMISSIONERS County of Monroe ire �f �r�l � � Mayor Heather Carruthers,District 3 The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2 Craig Cates,District I David Rice,District 4 Sylvia J.Murphy,District 5 County Commission Meeting August 19, 2020 Agenda Item Number: C.11 Agenda Item Summary #7146 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Cary Knight(305) 292-4527 N/A AGENDA ITEM WORDING: Approval to award bid and execute contract with Gary's Plumbing & Fire, Incorporated in the amount of$468,000.00 for the installation of a Fire Suppression System for the Pigeon Key Historic Site Buildings to be paid by Tourist Development Council Grant 41863 and Tourist Development Grant 42024. ITEM BACKGROUND: On February 7, 2019, the County Purchasing Department received and opened the sole response to the Request for Proposals for the above-referenced project. The proposal from Gary's Plumbing & Fire, Incorporated (Contractor) for the entirety of the scope of work for the installation of the Pigeon Key Historic Buildings Fire Suppression System was $1,179,000.00. The total grant amount for Grant 41863 and Grant 42024 is $480,000.00. Funding from Grants 41863 and 42024 will expire on September 30, 2021 if not utilized by that date. As authorized by Chapter 3,paragraph 3(D)(2) of the Purchasing Policy, staff consulted with the Contractor to determine what scope of work could be performed with the available funding under the same terms and conditions as required in the Request for Proposals. The Contractor has agreed to accept the reduced scope of work at the pricing reflected in its proposal. County staff and the Contractor have negotiated a contract that reflects the reduced scope of work for the installation of a partial fire suppression system at a final negotiated price of $468,000.00. Staff will seek additional grant funds for installation of the remaining scope of work. The Fire Marshal participated in the development of the reduced scope of work and, concurs with the plan. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: N/A Packet Pg.451 C.11 STAFF RECOMMENDATION: Approval of Reduced Scope Contract with Gary's Plumbing& Fire,Incorporated for the partial installation of the Pigeon Key Historic Buildings Fire Suppression System. DOCUMENTATION: Pigeon Key Signed Agreement Pigeon Key Updated 5.29.2020 Final Bid Tabulation Sheet Original Proposal_Garys Plumbing_2.7.19 pages resorted 7.29.2020 FINANCIAL IMPACT: Effective Date: 8/19/2020 Expiration Date: 90 days after Notice to Proceed issued Total Dollar Value of Contract: $468,000.00 Total Cost to County: $0.00 Current Year Portion: $100,000.00 Budgeted: Yes Source of Funds: TDC CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: Yes County Match: 0% Insurance Required: Yes Additional Details: 08/19/20 119-79040 TDC BRICKS & MORTAR 119 $338,000.00 TM9162A 08/19/20 119-79040 TDC BRICKS & MORTAR 119 $130,000.00 TM89963Z Total: $468,000.00 REVIEWED BY: Stan Thompson Completed 07/30/2020 11:54 AM Cary Knight Completed 07/31/2020 3:35 PM Kevin Wilson Completed 07/31/2020 4:58 PM Joseph DiNovo Completed 08/03/2020 10:43 AM Cary Knight Completed 08/04/2020 9:19 AM Purchasing Completed 08/04/2020 9:41 AM Packet Pg.452 C.11 Budget and Finance Completed 08/04/2020 11:23 AM Maria Slavik Completed 08/04/2020 11:30 AM Kathy Peters Completed 08/04/2020 12:33 PM Board of County Commissioners Pending 08/19/2020 9:00 AM Packet Pg.453 C.11'a Agreement Between Owner and Contractor PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION 0 Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of August 19, 2020 0 BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 And the Contractor: Gary's Plumbing and Fire, Inc. 6409 2nd Terrace, Suite 1 Key West, FL 33040 CL For the following Project: Pigeon Key Fire Suppression System Installation Scope of the Work 2 The Scope of Work has been modified due to available funding and shall include, but not be limited to, all work listed below and detailed in the Project Drawings and Specifications. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies, permits and any other means of construction necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. The scope of work is to: 1. Provide and install 1000 gallon holding tank. 2. Install underground fire supply lines to service all buildings. 3. Install underground alarm conduits for future install of required wiring at all buildings. 4. Test and inspect all installation. 5. Provide and install weatherproof, code-approved domestic pressure system to serve as a temporary, functioning, fire protection system for specified structures. a. Coated sprinkler head building locations and count: i. Classroom -48 ii. Bridge Tenders House—31 iii. Paint Foreman's House—42 iv. General Storage—8CL - v. Guest House—20 vi. Museum—2 vii. Staff Housing A—5 AGREEMENT 00500- Page 1 of 17 Packet iPg.454 C.11'a PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION viii. Staff Housing B - 15 . Provide and install all fire sprinkler lines in galvanized steel with stainless steel hangers and all thread rod. 7. Provide necessary shop drawings and hydraulic calculations to determine all line sizes. y . All sprinklers are to have protective cages to avoid damage and accidental discharge. 9. Mobilization via marine vessels should be anticipated as the Old Seven Mile Bridge is under active construction and within FDOT jurisdiction. Mobilization means and methods other than boat, such as but not limited to spudding of barges, may require additional y environmental permits at the expense of the Contractor. 10. Provide and install Fire Department Connections ( C) at location indicated and approved by the Authority having jurisdiction. 11. Install yard mounted hose valve stations for firefighting personnel use. 12. Establish an electrical connection either to the existing (generator) power or the Single- Phase power that could potentially be installed prior to the completion Note: All materials used will be subjected to saltwater environment. All exposed hardware is to U- e stainless steel. All pipe to be salt water protected either by materials used or special coating. ARTICLE 1 The Contract Documents CL The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions); Drawings, Specifications, Proposal Documents, Addenda issued prior to execution of this Agreement, together with the response to RFP and all required insurance documentation, and Modifications issued after execution of this Agreement. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the event of a discrepancy between the documents, precedence shall be determined by the order of o the documents as Just listed. > 2 ARTICLE The Work of this Contract -- The Contractor shall execute the entire Work described in the Contract Documents, except to the E extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: IA ARTICLE Date of Commencement and Substantial Completion 8..1 The date of commencement is the date to be fixed in a notice to proceed issued by the a Owner. 0 The Contractor shall achieve Substantial Completion of the entire Work not later than °' Ninety( ) calendar days after the date of commencement or issuance of a Notice to CL Proceed. The time or times stipulated in the contract for completion of the work of the AGREEMENT 00500-Page 2 of 17 Packet iPg.455 C.11'a PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION contract or of specifiedphases of the contract shall be the calendar date or dates listed in the milestone schedule. Liquidated damages will be basedon the Substantial Completion Date for all work, 2 modified by all approved extensions in time as set forth by the Director of ProjectCh Management's signature of approval on the Certificate of Substantial Completion. The liquidated da a es table below shall be utilized to determinethe amount of liquidated damages. 0 FIRST1 CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under$50,000.00 $50.00/Day 10.0 1 a 50. 1 ay 0, .00-9 ,9 . 0 100.00/ a 0. 1 7 0. 1 a 1 0, 00.00 9 .00 00. 01 a 500.00/Day 2,00 01 ay 50 ,000. 0 and Up 500.00/Day1,000.001 ay3,500.00/Day The Contractor's recqygry of damages and sole remedy for any delaycaused shall be an extension of timeContract. Uncontrollable it c . 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 y's control, without such rty'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 FL unavoidable: (a) acts o ; ( ) flood, fire, earthquake, explosion, tropical storm, hurricane or !A other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declare r 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 theProject; (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 theProject; (each, a "Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or 0 contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within seven (7) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek additional time at no cost to the County s theOwner's Representative may determine. E ARTICLE Contract .1 The owner shall pay the Contractor in current funds for the Contractors performance of the Contract the Contract Sum of Four Hundred Six!y-Eight11 Dollars ( ), subject to additions and deductions as providedin the Contract 0 Documents. CL 4.2 The Contract Sum is based upon the following alternates, if any, which are described i the Contract Documents andare hereby accepted by theOwner: NIA AGREEMENT 005 -Page 3 of 17 Packet;Pg.456 C.11'a PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION 4.3 Unit prices, if any, are as follows: IA ARTICLE Progress ay is 5.1 Based upon Applications for Payment submitted by the Contractor to the Director of 0 Project Management, and upon approval for payment issued by the Director of Project Management and Architect, the Owner shall make progress payments on account of the 0 Contract Sum to the contractor as provided below and elsewhere in the Contract y Documents. 5.2 The period covered by each Application for payment shall be one (1) calendar month ending on the last day of the month, or as follows: 0 5.3 Payment will be made by the Owner in accordance with the Florida Local Government Prompt Payment Act, Section 218.735, Florida Statutes. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Director of 5 Project Management may require. This schedule, unless objected to by the Director of Project Management, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress 2 payment shall be computed as follows: 5. .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the 76 total Contract Sum allocated to that portion of the Work in the Schedule of Values, less 2 retainage of ten percent 10%. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be the net cost to the Owner, E less Overhead, Profit and Documented Costs incurred prior to the change Request, as indicated in the corresponding line item in the Approved Schedule of Values for that line item as confirmed by the Director of Project Management.When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5. .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a - location agreed upon in writing), less retains ; 5.6.3 Subtract the aggregate of previous payments made by the Owner; and AGREEMENT00500-Page 4 of 17 Packet iPg.457 i C.11'a PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION 5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions, 2 5.7 Retainage of ten percent(10%)will be withheld in accordance with Section 21 .7 ( )( ), Florida Statutes. 5.8 Reduction or limitation of retainage, if any, shall be as follows: U Monroe County is exempt from and not subject to Florida Statutes, Section 25 .07 , "Public Construction Retine". Reduction or limitation of retainage, if any, shall be reduced incrementally at the discretion of and upon the approval of the Director of Project Management, 2 0 ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1)the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 1 . .2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment, and O a final approval for payment has been issued by the Director of Project Management. Such final payment shall be made by the Owner not more than twenty( ) days after the issuance of the final approval for payment. The following documents (samples in y section 0107, Application for Payment) are required for Final Payment: (1)Application and Certificate for Payment ( ) Continuation Sheet (3) Certificate of Substantial Completion O Contractor's Affidavit of Debts and Claims (5) Contractor's Affidavit of Release of Liens (6) Final Release of Lien (7) Contractor shall provide two ( ) hard copies in tabulated divided binders and o one (1) saved electronically tabbed and indexed in Adobe Acrobat file (. ) format delivered on a common form (i.e. flash drive) of all the following, but 0. not limited to: 0. A. Project Record Documents (As Built Documents), B. Operating and maintenance data, instructions to the Owner's personnel. C. Warranties, bond and guarantees. D. Keys and keying schedule.E. Spare parts and maintenance materials. e r- 0 F. Electronic copies of approved submittals. a) G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). AGREEMENT 0050 -Page 5 of 17 Packet;Pg.458 C.11'a PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION ARTICLE Miscellaneous Provisions 2 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 0 7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. 7.3 Temporary facilities and services: As described in Section 01500,Temporary Facilities, of 2 the General Conditions, 7.4 Annual Appropriation. Monroe ounty's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Iv Commissioners. In the event that the County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated and the County has no further obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. 7.5 A person or affiliate who has been placed on the convicted vendor list following a CL conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to public entity, may not be awarded or perform work as contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 27.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list, c 7.6 The following items are included in this contract: c a) Maintenance of Records. Contractor shall maintain all books, records,and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for period of seven (7)years from the termination of this Agreement or five (5)years from the submission of the final expenditure report as per 2 CFR §200.33, if applicable, whichever is greater. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four O years following the termination of this Agreement. If an auditor employed y the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement,or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid to Contractor. CL Right to Audit. AGREEMENT 005 -Page 6 of 17 Packet;Pg.459 C.11'a PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION 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, y bidders list, etc); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence y deemed necessary by Owner or by 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 Owner's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative 2 and/or agents of Owner or the County Clerk.Owner or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for seven (7)years after Final Completion. The County Clerk possesses CL the independent authority to conduct an audit of records, assets, and activities relating to this Project. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized y this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid to Contractor. The Right to Audit provisions survive the termination or expiration of this Agreement. 0 b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall b governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial by jury. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation a prior to the institution of any other administrative or legal proceeding. c) Svraility. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or - unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the °3 enforcement of the remaining terms, covenants, conditions and provisions of this - Arent would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken AGREE 00- Page 7 of 17 Packet;Pg.460 C.11'a PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION provision with a valid provision that comes as close as possible to the intent of the stricken provision. ) Attorney's Fees and Costs. The County and Contractor agree that in the event any Ch cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the non-prevailing party, and shall include attorney's fees and courts costs in appellate y proceedings. Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. f) Authority. Each party represents and warrants to the other that the execution,delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of counsel. ) Claims for Federal or State Aid. Contractor and County agree that each shall be, and E is, empowered to apply for, seek, and obtain federal and state funds to further the CL purpose of this Agreement; provided that all applications, requests, grant proposals, (n and funding solicitations shall be approved by each party prior to submission. ) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. i) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities `- related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. j) on discrimination!Eq ual Employment Opportunity. The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred,this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1)Title VII of the Civil Rights a) Act of 16 ( L 8 -32), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended ( 0 USC §§ 161-168 , and 16 -16 ), which prohibits AGREEMENT 000-Page 8 of 17 Packet;Pg.46`1 C.11'a PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION discrimination on the basis of sex; ) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC§ 74),which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended ( 2 USC §§ 6101-6107), which prohibits discrimination on the basis of ages 5) The Drug Abuse Office and Treatment y Act of 17 ( L - ), 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 ( L 91-61 ), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health y Service Act of 191 § 523 and 527(42 USC§§ 690dd-3 and ee- ), as amended, relating to confidentiality of alcohol and drug abuse patent records; )Title VIII of the Civil Rights Act of 1 (42 USC §§ 3601 et se .), as amended, relating to nondiscrimination in the sale, rental or financing of housing; ) The Americans with 2 Disabilities Act of 1 (42 USC §§ 1211), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, 0 familial status or age; and 11)any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. ) Covenant of No Interest. County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to v, perform and receive benefits as recited in this Agreement. 1) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 11 . 13, Florida Statutes, regarding, but not limited to, solicitation or acceptance of is; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or 0 contractual relationship; and disclosure or use of certain information. No Solicitation/Payment. The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this E Agreement. For the breach or violation of the provision, the Contractor agrees that 2 the County shall have the right to terminate this Agreement without liability and, at its discretion, too set from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. n Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or °3 other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The AGREEMENT 050 -Page 9 of 17 Packet;Pg.462 C.11'a PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION 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 y prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. 0 The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Fla. Stat., Sec. 11 . 71 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 2 perform the service. ( ) Upon receipt from the County's custodian of records, provide the County with copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 2 ( ) Ensure that public records that are exempt or confidential and exempt from CL public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. ( ) 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 0 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 Coun 's custodian of records, in a format that E is compatible with the information technology systems of the County. ( ) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. 0 If the Contractor does not comply with the Cnty's request for records, the °3 County shall enforce the public records contract provisions in accordance CL with the contract, notwithstanding the ounty's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A E AGREEMENT 0 -Page 10 of 17 Packet iPg.463 C.11'a PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION 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. 2 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 QUESTIONSREGARDING THE APPLICATION 119, FLORIDA STATUTES, PROVIDE TO THE CONTRACTOR'S DUTY TO lC RECORDS RELATING TO THIS CUSTODIANCONTRACT, CONTACT THE LI BRIAN BRADLEY -BRADLEY-BRIAN@MONROECOUNTY-FL.GOV,, MONROE COUNTY ATTORNEY'S OFFICE, 1111 1 Street, SUITE 408, KEY WEST, FL 33040. o) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the Contractor and the County in this Agreement and the CL acquisition of any commercial liability insurance coverage, self-insurance coverage, or !A local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. p) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. — q) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any 0) entit from an obligation or responsibility imposed upon the entity b law 2 participating Y Y 9 P Y� p P tY Y except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed _ as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. a r) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the 0 terms, or any of them, of this Agreement to enforce or attempt to enforce any third- party claim or entitlement to or benefit of any service or program contemplated CL .. hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to AGREEMENT 00500-Page 11 of 17 Packet iPg.464 C.11'a PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. y 0 s) Attestations. Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a rug-Free Workplace Statement. y t) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of 2 Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. u) Execution in Counterparts. This Agreement may be executed in any number of 2 counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. v) Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum E insurance requirements prescribed elsewhere in this Agreement, Contractor shall defend, indemnify and hold the COUNTY and the U 's elected and appointed _y officers and employees harmless from and against(i)any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury(including death), loss, damage,fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, ( ) the negligence or 0 recklessness,intentional wrongful misconduct,errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or(C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be not less than 1 million per occurrence pursuant to Fla. Stat., Sec. 7 .0 . E Insofar as the claims, actions, causes of action, litigation, proceedings, costs or 2 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 °3 the County by virtue of any deficiency or ambiguity in the plans and specifications CL provided by the Contractor, the Contractor agrees and warrants that the Contractor AGREEMENT 00 -Page 12 of 17 Packet;Pg.465 C.11'a PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the ounty'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. y ) Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. x) Disadvantaged Business Enterprise(DBE) Policy and Obligation. It is the policy of the 2 County that E's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement.The County and its Contractor agree to ensure that 's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and CL regulations to ensure that 's have the opportunity to compete and perform contracts. The County and Contractor and subcontractors shall not discriminate on the basis of race, color, national origin or sex in award and performance of contracts, entered pursuant to this Agreement. y) Agreements with Subcontractors. In the event that the Contractor subcontracts any or all of the work in this project to any third party, the Contractor specifically agrees to identify the COUNTY as an additional insured on all insurance policies required by the County. In addition, the Contractor specifically agrees that all agreements or contracts of any nature with his subcontractors shall include the COUNTY as additional insured. z) Florida Green Building Coalition Standards. Monroe County requires its buildings to conform to Florida Green Building Coalition standards. a) Independent Contractor. At all times and for all purposes under this Agreement, Contractor is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this Agreement shall be 2 construed so as to find Contractor or any of its employees, subcontractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. b)Entire Agreement. This writing embodies the entire agreement and understanding - between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in writing, approved by the Board of County Commissioners, and signed by both parties before it becomes effective. CL- AGREEMENT -Page 13 of 17 Packet;Pg.466 C.11'a PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION 7.7 Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, postage prepaid, or by courier with proof of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice shall be sent to y the following persons: For Contractor: Gary Centonze 4 "d Terrace. Suite 1 n Key West, FL 33040 For Owner: Director of Project Management Assistant 2y nN.,Administrator 110 Simonton St., Room 2- 16 1100 Simonton St. Key West. Florida 33040 Key WestFlorida 30 2 2 ARTICLE U- Termination or Suspension .1 The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions. 8.2 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)calendar days'written notification to the Contractor. 8.3 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. 8.4 Termination for Cause andRemedies: In the event of breach of any contract terms, the County retains the right to terminate this Agreement. The County may also terminate this Agreement for cause with Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such > 2 termination, prior to termination,the County shall provide Contractor with seventy-two(72) hours' written notice and provide the Contractor with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the County terminates this Agreement with the Contractor, County shall pay Contractor 0) the sum due the Contractor under this Agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract; however, the County reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to Contractor shall not in any event exceed the spending cap in this Agreement. In addition, the County reserves all rights available to recoup monies - paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the ounty's False Claims Ordinance, located e at Section -71 et al. of the Monroe County Code. 8.5 Termination for Convenience: The County may terminate this Agreement for convenience, at any time, upon thirty O days'written notice to Contractor. If the County terminates this Agreement with the Contractor, County shall pay Contractor the sum due AGREEMENT 00- Page 14 of 17 Packet iPg.467 i C.11'a PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION 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. 2 .6 For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 7.15(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has y even the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 7.15(5)( ), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 7.135(4), Florida Statutes, are met. 0 .7 For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 87.1 ( ), Florida Statutes, or if the tractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's E determination of false certification was in error pursuant to Section 7.1 (5)(a), Florida Statutes, or( )maintaining the Agreement if the conditions of Section 7.15( ), Florida y Statutes, are met. ARTICLE Enumeration of ContractDocuments .1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 0 ) Drawings: -1, F0.1, F1.0, FA1.1, FA1.1, FA1.2, F 1. , FP0.1, F 1.0, F1.1, 1. , F1.3, FP1.4, FP1.5, FP1.6, FP1.7 2 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. E 9.1.3 The Addenda, if any, are as follows: Number Date Page This Agreement is entered into as of the day and year first written above and is executed in at least one (1) original copy. BALANCE OF PAGE INTENTIONALLY SIGNATUREE AGREEMENT 00500-Page 15 of 17 Packet;Pg.468 C.11'a PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION Execution by the Contractor must be by a person with authority to bind the entity. SIGNATUREINOTARIZED. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA 0 By: y: Deputy ClerkMayor/Chairman Date ONROC COUNrV^- rORN- F`C ovE -rC1 FOMM (SEAL) -- -z- �s u w 4CPRN1E Y 8 wa-rE: � ' 4- CONTRACTOR'S WitnessesAttest: CONTRACTOR:, _ .M Contractor must provide two witnesses signaturesSignature: } Signature: PrintName: CektDIME Print Name: � Title:_ I Date: 4 f ate: and Signature: PrintName: Date: 0 STATE OF nCOUNTY OF n this—ail—day of , 2 before me, the undersigned notary public, 4b ;Mo f ysicl pres a r online, personally appearedn be the person whose name is subscribed above or who pro aced s identification, and acknowledged that he/she is the person who executed the E above contract with Monroe County for PIGEON KEY FIREI 2 INSTALLATION for the purposes therein contained. Notary ulic Tint Name�2 _ y commission expires (Seal) 0 End of Section 0000 CL AGREEMENT 500-Page 16 of 17 Packet;Pg.469 C.11'a PIGEON KEY FIREI INSTALLATION GENERAL REQUIREMENTS Where Project Management is Not a Constructor 0 Section 00750 General Conditions Section 00970 Project Safety and Health Plan Section 0080 Contractor Quality Control Plan Section 01015 Contractor's Use of the Premises Section 01027 Application for Payment Section 01030 Alternates 2 Section 0100 Project Coordination Section 0 1045 Cutting and Patching Section 0100 Field Engineering Section 01200 Project Meetings 2 Section 01301 Submittals Section 01310 Progress Schedules Section 0 1370 Schedule of Values Section 0135 Daily Construction Reports Section 01395 Request for Information—( FI) Section 0110 Testing Laboratory Services y Section 01421 Reference Standards and Definitions Section 0100 Temporary Facilities Section 0120 Construction Aids Section 01550 Access Roads and Parking Areas Section 0150 Temporary Controls Section 010 Field Offices and Sheds Section 015 Construction Cleaning 0 Section 0100 Material and Equipment Section 010 Post-Proposal Substitutions Section 010 Product Handling Section 0170 Contract Closeout Section 0 1710 Final Cleaning Section 0 1720 Project Record Documents Section 01730 Operation and Maintenance Data Section 01740 Warranties 2 c WARRANTIES 1 740-Page 17 of 17 m Packet;Pg.470 State Plumbing License State Fire Marshall License# CFC1425735 FPC13-000064 .2 2 ........................ —--—-----—----- 0 0 May 29,2020 Monroe County Public Works& Engineering PrqJect Management Department 0 via email:�&Iinge r-.Jord�and�),MonrocCountv-FL,.Gov (3 Attn: Jordan linger-Project Manager u- 'a Ref- Pigeon Key Fire Sprinkler System Jordan, E .2 We have reviewed the options as you requested and it would financially impossible to complete Phase III as CL .!A previously proposed giving the Island all necessary equipment to have a fully ftinctioning fire sprirMer system and sprinkle one building with the current ftmding available. In an effort to keep the project alive and not lose the current available funding,the attached proposal is what we can accomplish at this time and still have a partially finictional system. 2 0 ,ully e f es R'es fully' 0 0 G- -yY Centre President G -,-,'s PI Plum in and Fire, Inc. LO 0 a) CL E 6409 2"'Terrace,Suite I Key West,FL 33040 Phone(305)296-6013 * Fax(305) 2924978 * garyspitinibingl@aol.com Packet iPg.471 State Plumbing License# State Fire Marshall License N CFC1425735 FPC13-000064 2 ............................................ .......... 0 0 REVISED PHASE I& 19 PROPOSAL May 29,2020 Monroe County Public Works& Engineering 0 Project Management Department (3 via email:5aiiiike.-,,-J—orL4pnoqrvlo.nr ii ai - Attn: Jordan Salinger-Project Manager 'a Ref- Pigeon Key Fire Sprinkler System Gary's Plumbing and Fire, Inc.shall provide all labor,material and equipment necessary to complete the fire sprinkler E .2 project on the above referenced project as follows.: CL .!A Building Fire Sprinkler Classroom 48 heads Guest House Fire Sprinkler 20 heads Bridge Tenders House Fire Sprinkler 31 heads Museum 25 heads Paint Foreman 42 heads Staff Housing A 5 heads General Storage 8 heads Staff Housing B 15 heads 2 Installation of 1000 gallon holding tank 0 Installation of weather proof commercial domestic pressure system. 0 Underground fire supply lines to service all buildings. — M Underground alarm conduits for future install of required wiring. > 2 All installation shall be tested and inspected The above scope will put into service the code approved fire sprinkler system to be installed in each building on the Island with the exception of the 2 buildings still under repair due to Hurricane Irma. The interior fire sprinkler system CD shall comprise of all corrosion resistant galvanized pipe, fitting and hardware and coated fire sprinkler heads. We propose to install a commercial water pressure booster system will provide amply water delivery to supply fire system in Lo each building and will connect to existing power supply on the Island. If funding should become available for phase III, which includes the plan indicated fire booster package including elevated structural slab, self contained fire pump house w/controllers,generator, fire alarm, etc. this proposed system would stay in place and be connected to the domestic water on the Island furnishing higher water pressure to existing structures. PRO SAL AMOUNT: $468,000.00 0 Res ec ully Submitted, CL IRO SAL,Les e ully S1 E to G lento President Ga 's Plan ing and Fire, Inc. 6409 2""Terrace,Suite I Key West,FL 33040 Phone(305)296-6013 * Fax(305) 2924978 * garyspium bin gl@aol.coni I Packet iPg.472 a®l as l ` al p lgwnl s,la Lill PB4 O31® I n®add ) 49eq ogejnq f�l l l :4u9ua 3 44 M U ' A r ' � U a s a 4- W D O �C O o u y= Z 5- O s u O Q O v h LN 0 rn C7 co r" 0 'o 0 J O U Z WLU 2 o L LL LU z o a ZN � w co -� W J O N o m H W O a Q LL a � o Cy) G W '� U L � U O ZLL a U > 0 W w C-6 D -'O �L p 0) ¢ -0 Z O Z L �-m W Ln E F � `n0 C7 w _=3 s cn o � CL 4- U W L o > o co s O cn w CL CL C } ti- s -2 � } L 'Lm t O } O U LL O Q O m H i m C.11.d Pigeon Key Fire Suppression System Installation 1. In order to determine if the persons or entity submitting proposals are responsible, all Proposals for contracts to be awarded under this section must contain the following information: A. A list of the entity's shareholders with five percent (5%)or more of the stock or, if a general partnership, a list of the general partners; or, if a limited liability company, a list of its members; if a solely owned proprietorship, names(s) of owner(s). A copy of documentation demonstrating that the entity is a legally viable entity shall be attached. EL B. A list of the officers and directors of the entity. C. Relevant Experience: The number of years the person or entity has been operating and, if different, the number of years it has been providing the service, goods, or construction services called for in the proposal specifications (include a list of similar projects). 0 D. The number of years the person or entity has operated under its present name and any prior names. E. Answers to the following questions regarding claims and suits: a. Has the person or entity ever failed to complete work or provide the '✓ goods for which it has contracted? (if yes, provide details of the job, including where the job was located and the name of the owner.) N YES NO d 0 Ch b. Are there any judgments, claims, arbitration proceeding or suits pending 2 or outstanding against the person, principal of the entity, or entity, or its officers, directors, or general partners (this specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a person, principal, entity, officer, director or general partner in the last five (5) years)? (If yes, provide details, include enough information about the judgment, claim, arbitration or suit so that the Owner will able to obtain a copy of the judgment or claim or locate the suit by location and case number.) Cn YES NO i C. Has the person, principal of the entity, entity, or its officers, major 0. shareholders or directors within the last five (5)years, been a party to any CL law suits or arbitrations with regard to a contract for services, goods or construction services similar to those requested in the specifications with private or public entities? This specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a person, principal, PROPOSAL FORM 00120-Page 22 of 21.7 Packet Pg.474 C.11.d Pigeon Key Fire Suppression System Installation entity, officer, director or general partner in the last five (5) years. (If yes, provide details, include enough information about the judgment, claim, arbitration or suit so that the Owner will able to obtain a copy of the judgment or claim or locate the suit by location and case number.) YES NO d. Has the person, principal of the entity, or its officers, owners, partners, CL major shareholders or directors, ever initiated litigation against Monroe County or been sued by Monroe County in connection with a contract to provide services, goods or construction services? This specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a person, principal, entity, officer, director or general partner. (If yes, provide details, include enough information about the judgment, claim, arbitration or suit so that the Owner will able to obtain a copy of the 0 judgment or claim or locate the suit by location and case number.) YES NO e. Whether, within the last five (5) years, the Owner, an officer, general partner, controlling shareholder or major creditor of the person or entity was an officer, general partner, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for bids. (If yes, provide details and information about the failure to perform services or furnish goods that will enable the Owner to thoroughly consider the matter.) YES NO f. Customer references (minimum of three), including name, current address and current telephone number. Credit References (minimum of i three), including name, current address and current telephone number. g. Financial statements for the prior three (3) years. Please provide in a separate sealed envelo a for the Contractor's confidentiali and clearlyy label the envelo a "CONFIDENTIAL" one 1 original copy. ("Any financial statement that an agency requires a prospective bidder to submit in order to prequalify for bidding or for responding to a bid fora i road or any other public works project is exempt from F.S. 119.07(1) and 0. s.24(a), Art. 1 of the State Constitution.") 0. PROPOSAL FORM 00120-Page 23 of 217 Packet Pg.475 C.11.d Pigeon Key Fire Suppression System Installation SECTION 00120 PROPOSAL FORM PROPOSAL TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT y 1100 SIMONTON STREET ROOM 2-213 KEY WEST, FLORIDA 33040 PROPOSAL FROM: �J2 L' 0 0 The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of. Pigeon Key Fire Suppression System Installation and having carefully examined the site where the Work is to be performed, having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself/herself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish 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 workman-like manner, in conformance with said Drawings, Specifications, and other Contract y Documents including Addenda issued thereto. °3 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 performed. The successful 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 Base Proposal shall be furnished below in words and numbers. If there is an inconsistency between the two, the Proposal in words shall control. i 1 j &Adem0A ' Dollars. 0.11t, (t6tal Base Proposal-words) CL co 0 (Total Vase Proposal—numbers) PROPOSAL FORM 00120-Page 24 of 217 Packet Pg.476 C.11.d Pigeon Key Fire Suppression System Installation I acknowledge Alternates as follows: NIA Unit prices, if any, are as follows: NIA 1 acknowledge receipt of Addenda No.(s) CL No. Dated No. Dated No. Dated No. Dated 0 0 Proposer, states by his/her check mark in the blank beside the form and by his/her signature that hefshe has provided the following requirements (located in Section 00120): 1. Proposal Form N 2. Proposal Security (Bid Bond) 3. Non-Collusion Affidavit 4. Lobbying and Conflict of Interest Clause 5. Drug-Free Workplace Form y 6. Local! Preference Form and requirements (if applicable) y 7. Public Entity Crime Statement 8. Subcontractor List Form 9. Proposer's Insurance and Indemnification Statement nip 10. Insurance Agents Statement(signed by agent) 11. Answered Required Questions CL 12. Provided three (3)Customer References and three (3) Credit References y LN 13. Provided three (3)years of Financial Statements in separate envelope 14. Certified copy of Valid Florida Contractor's License 15. Current Monroe County Occupational License 0. 0 16. Qualification Data Letter CL Business Name: .� 1 DBA: Business EIN# 6�- 33�5'8 PROPOSAL FORM 00120-Page 25 of 217 Packet Pg.477 C.11.d Pigeon Key Fire Suppression System Installation Business �y Mailing Address: 4-11v ��/'/'�ieE'� Address: City, City,State, State,Zip Zip Phone: 3 / " b d Local Phone: The physical business address must be registered as'ts principal place of business with the Florida Department of State for at least one(1)year prior to notice of request for bid or proposal. Date: 7- /9 Signed: Printed: t f �- T. 0 Witness. 0 cv cv cv r®: 0 r®: cv i 2 CL 0 0. 0 CL PROPOSAL FORM 00120-Page 26 of 217 Packet Pg.478 C.11.d Pigeon Key Fire Suppression System Installation SECTION 00120 NON-COLLUSION AFFIDAVIT I, of the cityey elccoidinj,Co law on my oatb, and under penalty of gury, depose an say that: 1. lam of the firm of ! 4� .CL 2 the proposer making the Firoposal for the proj t described in the notice for calling for proposals for: key j irp !' and that I executed fWA said pro sal with full au&rrity 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 0 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 20. by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor; and cv 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 N restricting competition; and 5. The state, a is contained in this affidavit are true and correct, and made with full Ch knowled said project. '40 (Signature;; f Proposer) (Dat6) STATE OF: IWIFtMC.MUR i • �onrnl�lcn�FF�67� COUNTY OF: 8wW1MT F*kW=N oalWn19 CL PERSONALLY APPEARED BEFORE ME, the undersigned authority, Ch who, after first being sworn by me, (name of individual signing)affixed his/her signature in the space provided above. day of 20 on this 0 . NOTARY PU — My commission expires: PROPOSAL FORM 00120- Page 28 of 217 Packet Pg.479 C.11.d Pigeon Key Fire Suppression System Installation LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE CL cf t a. (Com ny) warrants that he/it has not employed, retained or otherwise had act on his/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 o 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, 76 the full amount of any fee, commission, percentage, gift, or consideration paid to the former 2 County officer or employee". N N (Signature Date: 0 STATE OF: COUNTY OF: onkue, , N Subscribed and sworn to (or affirmed) before me on _ �- (date) er CL By -T f_ _ (name of affiant). He/She is sonally kno me y or has produced as identification. (Type of identification) i N 0 NOTARY PUBLI My commission expires:__ t gSAC.MUIR ton I FF A9E572 =x 'Expirt�9 July!8,;M 9ond�dThNTMF�il4wa�11a909,MM19 PROPOSAL FORM 00120-Page 29 of 217 Packet Pg.480 C.11.d Pigeon Key Fire Suppression System Installation DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, y 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 c employees for drug abuse violations. 76 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. c 5. Imposes 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. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. i As the person authorized to sign the statement, I certify that i firm complies fully with the above requirements. y r osei's Signature Date CL PROPOSAL FORM 00120-Page 30 of 217 Packet Pg.481 C.11.d Pigeon Key Fire Suppression System Installation LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance 023-2009, as amended by Ordinance No. _ 004-2015 and 025-2015, must complete this form. Name of BidderlResponder '_ ` c Date: A c CD 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one (1) year prior to the notice of request for bids or proposals? (Please furnish copy.) _ 2. Does the vendor have a physical business address located within Monroe County from which the vendor operates or performs business on a day to day basis that is a substantial component of the goods or services being offered to Monroe County? (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one(1)year prior to the notice of request for bid or proposal.) c List Address: _ Telephone Number: 76 B. Does the vendor/prime contractor intend to subcontract 50%or more of the goods, service or construction to local businesses meeting the criteria above as to licensing and location? If yes, please provide: 1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor `V dated at least one(1)year prior to the notice or request for bid or proposal. cv 2. Subcontractor's physical business address within Monroe County from which the subcontractor operates: (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one(1)year prior to the notice of request for bids or proposals) � m ,i �ti. Tel.Number_ c� Address Print Name: ure d Title of Auth iced Signatory for Ni Bidder/Re under E STATE OF COUNTY OF_ CL je!rstonall oAwh?otp , 20 , before me, the undersigned notary public, __ .n known to me to be the person whose name issubscribed above oruced as identification, and acknowledged that y he/she is the person who executed the above Local Preference Form a purposes therein contained. 0 My commission expires: CL 76 Print Name c MARISSAC.MUIR .c IMA •; bjwhslm#FF9H572 Fxires duly ill,2020 ,..••� 9ona�aTlwT r��r.�.eoa,'�ro�9 � PROPOSA 00120-Page 31 of 217 c Packet Pg.482 C.11.d Pigeon Key Fire Suppression System Installation 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 y 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 being placed on the convicted vendor list." 00 have read the above and state that neither _ - ! (Proposer's name)nor any Affiliate has been placed on t convicted vendor list within thh last thirty-six (36) n ths. 0. 0. N (Signat re) N Date: - 0 STATE OF: COUNTY OF: h i Subscribed and sworn to (or affirmed) before me on the day of CL 20 , by (name of affiant). He/She i ersonally known to me or has pro&ced identification)as identification. i 0 0 My Commission Expire ) MARISSAC.MUIR _ =Commlasloe f FF W572 — NOT IC E"1mJs*18,2M PROPOSAL- FORM 00120-Page 32 of 217 Packet Pg.483 C.11.d Pigeon Key Fire Suppression System Installation VENDOR CERTIFICATION REGARD ING SCRUTINIZED COMPANIES LISTS Project Descnption(s):R _ I l Respondent Vendor Name: ft drip Vendor FEIN: - Vendor's Authnn*7 ad Repre ntative N e and Title: Address: Ad J c4ra --- City State: _Zip: — v, CL Phone Numberry " Email Address: 1Q0M,9 biti `-c .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. Section 287.135, Florida 0 Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with76 Activities in Sudan List or the Scrutinized Companies with Activities in the Iran 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 W above in the Section entitled "Respondent Vendor Name"is not listed on the Scrutinized Companies that `V cv Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification y may subject company to civil penalties, attomey'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 found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel 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. N i Certified By: who is authorized to sign on behalf of the above r erence parry. FL Authorized Signature: - Print Name: rAi Title: o 0. _. Note:The List are available at the following Department of Management Services Site: CL o 76 htk :// s. on . /bsines o er tion state Durchasinalvendor informationiconvicted sus r— ended discriminatoryplaints vendor lists PROPOSAL FORM 00120-Page 33 of 217 Packet Pg.484 C.11.d Pigeon Key Fire Suppression System Installation SUBCONTRACTOR LISTING FORM Division Subcontractor Contact Person Ph#Warea code Fax: dl: Address ! f kj E CL r J r t _ ar r _ Wr N N N 0 N 2 CL 0. 0 CL PROPOSAL FORM 00120-Page 34 of 217 Packet Pg.485 C.11.d Pigeon Key Fire Suppression System Installation PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Worker's Compensation Statutory Limits Employers Liability $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease Policy Limits $1,000,000 Bodily Injury by Disease, each employee y Worker's Compensation Jones Act $1,000,000 Combined Single Limit General Liability, including $1,000,000 Combined Single Limit Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability 0 Vehicle Liability(Owned, non-owned, and hired vehicles) $1,000,000 Combined Single Limit If split limits are preferred: $500,000 per Person $1,000,000 per Occurrence $100,000 Property Damage N N Watercraft Liability Insurance $1,000,000 Combined Single Limit The contract shall require a Public Construction bond equal to the contract cost. The bond must be issued by an A rated surety company doing business in the State of Florida. Hold Harmless and Indemnification. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor small defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (Q any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (ncluding death), loss, damage, fine, penalty or business interruption, and (ii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, CL or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors y or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or(C) Contractors default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the 0. intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, CL contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to F. S. 725.06. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events INSURANCE REQUIREMENTS AND FORMS 00130-Page 42 of 217 Packet Pg.486 C.11.d Pigeon Key Fire Suppression System Installation or circumstances that occur during the term of this Agreement, this section will survive the 12 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 1 understand the insurance that will be mandatory if awarded the contract and will comply in full c with all of the requirements herein. I fully accept the indemnificatkm and hold harmless and duty to defend as set out in this proposal. V M-),fie F�o PROPOSER Signature 0 cv i 2 CL 0 0. 0 CL INSURANCE REQUIREMENTS AND FORMS 00130-Page 43 of 217 Packet Pg.487 C.11.d Pigeon Key Fire Suppression System Installation INSURANCE AGENT'S STATEMENT 1 have reviewed the above requirements with the proposer named above. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES 0 0 2 Liability policies are Occurrence Claims Made cv cv cv Insurance Agency Signature 0 cv i i End of Section 00120 0. 0 INSURANCE REQUIREMENTS AND FORMS 00130-Page 44 of 217 Packet Pg.488 C.11.d 2018 / 2019 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2019 r RECEIPIT# 30140-20506 Business Name.. GARY'S PLUMBING AND FIRE INC GAY L CENTOZE WARD L L HER III 609 2ND TERR 1 Owner Name;: Business Location: KEY WEST, FL 33040 F''ailin Address. QUALIFIER 6409 2ND TERR 1 Business Phone: 305-296-601 KEY WEST, FL 33040 Business Type: CONTRACTOR (PLUMBING/FIRE SPRINKLERS/ ut TILE) Employees 10 C ? P CARD., 402 CITY ONLY ATE LICENSE: CFC125735/FPC 13-000064 Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Paid 25,001 0.00 25.001 0,00 0„00 0.00 25,bb 2 Paid 10 -17-00004833 08/08/2018 25 , cv rlr i,�r4aF . ;"A � 7. _",.%X °t C m Danise " ','k� '_'Lt- ..,r:�..o,�'a„Collector THIS i5 ONLY A TAX, ry PO CON FI_ :.®U41 YOU MUST MEET ALL COUNTY AND/OR r" MUNICIPALITY PLANNING AND ZONING REQUIREMENTS. ram: N I MONROE COUNTY-SUS LESS TAX RECEIPT CL P.O. Box 1129, Ke,, ;Nest, FL 33 41-1129 y EXPIRES SEPTEMBER 30, 2019 RECEF ausiness Name: ARY'S PLUMBING AND FIRE INC 30140-20506 6409 2ND TERR 1 Business Location: KEY WEST, FL 33040 O Owner Name! GARY L CENTONZE, WARD L LUTHER III Mailing Address:QUALIFIER Business Phone: 305-296-6013 CL 6409 2ND TERR 1 Business Type: CONTRACTOR(PLUMBING/FIRE SPRINKLERS/ KEY WEST, FL 33040 TILE) .0 Employees 10 COMP CARD: 902 CITY ONLY STATE LICENSE: CFC1425735/ I Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Paid O 25„00 0.00 25:00 0.0b 0.00 0.00 25.00 Paid 103-17-00004833 08/08/2018 25 .00 Packet Pg.489 C.11.d c -4 v =r rn n us' n n 0 n o m p c N Z o D `U M W , < Ln' °Z C TI �� to v rD cm ID m QCD j mn ;aMn QJ - �. •' "�' �y =- .� w CDn F Z m o my c, m m C m v C CD 0 CL �. O Z CL 7V Packet Pg.490 C.11.d c Botsford Builders 31195 Ave B Big Pine Key, FL 33043 305-872-4734 CL Marino Construction Group, Inc 6436 2nd St 0 Key West, FI 33040 2 305-359-5269 N N N D L Porter Constructors, Inc 302 Southard St y Key West, FL 33040 305-293-2931 rll CNI CL 0. 0 CL Packet Pg.491 C.11.d c Credit Reference Lion Plumbing Supply P.O. Box 680730 Miami, FL 33168 305-688-6577 0 Ferguson Enterprises, Inc. #52 PO Box 100286 Atlanta, GA 30384-0286 N 954-724-6906 0 Ferguson FE10125 PO Box 100286 CNI Atlanta, GA 30384-0286 954-325-5977 y 0 0. 0 L. CL Packet Pg.492