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Item U08 County of � � BOARD OF COUNTY COMMISSIONERS '► Mayor Heather Carruthers,District 3 ti ,4� 1, Mayor Pro Tem Michelle Coldiron,District 2 � u Craig Cates,District 1 Monroe David Rice,District 4 Sylvia J.Murphy,District 5 County Commission Meeting October 21, 2020 Agenda Item Summary #7433 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Kevin Wilson (305) 292-4441 No AGENDA ITEM WORDING: Approval of a waiver of purchasing policy and approval of a contract with Aeration Technology, Inc. to replace the turf on the baseball fields at Key Largo Community Park. The cost is $148,350.00 and will be funded by Unincorporated Parks and Beaches Budget. ITEM BACKGROUND: Staff was asked by the Upper Keys Little League to replace the sod on the two baseball fields at the Key Largo Community Park following the CY 2020 baseball season. The COVID-19 emergency cut the baseball season short and preparation of a Request for Proposals (RFP) was not done because staff was focused on the emergency response. Sod replacement should, ideally be completed before the year end to allow time for the new sod to grow in before baseball season starts in late January. Staff has solicited through a Request for Services several proposals for replacement sod. Three (3) proposals were received and Aeration Technology, Inc. was the lowest responsive and responsible bidder. Staff requests BOCC approval to waive any purchasing policy requirement for a full competitive solicitation and award a contract to the proposed vendor, Aeration Technology, Inc. Tabulation of the proposals is attached in the backup. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: New contract STAFF RECOMMENDATION: Approval DOCUMENTATION: Key Largo Park Baseball Fields Proposal Signed Key Largo Park Sod Bid Tabulations FINANCIAL IMPACT: Effective Date: October 21, 2020 Expiration Date: Upon completion Total Dollar Value of Contract: $148,350.00 Total Cost to County: $148,350.00 Current Year Portion: $148,350.00 Budgeted: Source of Funds: 147-20503-560630 CPI: Indirect Costs: Staff time and ongoing maintenance Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: County Match: Insurance Required: Yes Additional Details: None Adds cost of contract to FY21 budget expenditures 10/21/20 147-20503 - UNINC PARKS & BEACHES $148,350.00 REVIEWED BY: Kevin Wilson Completed 10/15/2020 12:00 PM William DeSantis Completed 10/15/2020 12:11 PM Patricia Eables Completed 10/16/2020 4:10 PM Purchasing Completed 10/17/2020 4:34 PM Budget and Finance Completed 10/19/2020 7:54 AM Maria Slavik Completed 10/19/2020 8:36 AM Liz Yongue Pending Board of County Commissioners Pending 10/21/2020 9:00 AM MONROE COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR SERVICES FOR Key Largo Park- Baseball Fields Sod Replacement BOARD OF COUNTY COMMISSIONERS r f l r Mayor Heather Carruthers, District 3 Mayor Pro Tem Michelle Coldiron, District 2 Craig Cates, District 1 David Rice, District 4 Sylvia J. Murphy, District 5 COUNTY ADMINISTRATOR Roman Gastesi Clerk of the Circuit Court Facilities Maintenance Director Kevin Madok Willie DeSantls 10/7/2020 PREPARED BY: Monroe County Facilities Department l Monroe County Facilities Maintenance General Scope of Work Job Name: Baseball Fields Sod Replacement Job Location: Key Largo Park, 500 St. Croix Place, Key Largo, FL 33037 Contact: Facilities Management Willie DeSantis DeSantis-WiIliarn((MonroeCounty-FL.Gov (305) 292-4431 Cell 305-797-1250 Chrissy Collins collies chrissyCcr monroeeounty-fl.gov (305) 292-4431 Cell: 305-304-9711 PROJECT OVERVIEW PROJECT INTENT AND SCOPE GENERAL REQUIREMENTS 1. Project Overview A) Enter into a contract with a qualified Contractor to remove old sod and replace with new Sod at two(2)ballfselds at Key Largo Park. B) All quotes are due by Tuesday, October 13, at 12:00 P.M., via email to collins- chrissy@monroecounty-fl.gov. All Quotes must state they will be good for one hundred twenty (120)calendar days from submittal due date. 2. Project Intent and Scope Scope of Work: 1 Baseball Fields Renovation Scope of Work(Approximate area of 87,835 SF/2.02 Ac.) 2 The Contractor must conduct a field visit and coordinate with Monroe County to confirm the limits of work. During this field visit,the Contractor shall confirm that the existing irrigation system is fully operational and that all irrigation heads are providing head to head coverage. 2 The Contractor must document all irrigation system components that are damaged and must be repaired or replaced. 3 The Contractor shall strip three inches(3")of existing turfgrass and organic materials from all playing field grass areas and remove all unsuitable materials off-site in a legal manner.. 4 The Contractor shall incorporate 2.5" inches of approved USDA root zone sand and mix into existing soil using reverse tine rototler such as a Rotadairon. The rototiller process must create a uniform blended mix subsurface profile upon completion of this scope of work. b The Contractor shall utilize laser grading equipment to remove undulations and low areas. 6 The Contractor shall field adjust all existing irrigation heads as necessary to insure they are at proper elevation of the re-graded soil and functioning properly prior to new turfgrass installation. The current estimate assumes that the current irrigation system has been properly maintained.The current requested estimate excludes any repairs or replacing of any existing irrigation materials. Should some parts need to be replaced these would be at an agreed upon additional cost. 7 The Contractor shall apply a single uniform pre-sod fertilizer application to the re- graded soil material prior to the installation of the new turfgrass. 8 The Contractor shall furnish all qualified labor, tools, equipment, and materials to grow, harvest, and install sod "Big Roll" Celebration Bermuda turfgrass. The Bermuda turfgrass shall be installed within twenty-four(24)hours of time of harvest. All turfgrass joints shall be filled with approved USGA root zone material.The Contractor shall apply irrigation water and surface roll the new stand of turfgrass to create a uniform surface grade absent of low and high spot elevations. The County reserves the right to reject any Bermuda turfgrass roll that appears to be unhealthy prior to placement on the playing field. 9 The Celebration Bermuda turfgrass shall be warranted in writing by the sod grower(farm) to be free of weeds, insects, disease, and toxins prior to harvesting, to include nematode testing of the soil material in which the turf is being harvested from. All sod supplied to the project site shall have a Florida Nursery Horticulture Inspection Certification along with nematode testing results. Copies of certifications shall be delivered to the Monroe County Project Representative or Project Manager seven(7)days prior to delivery of the sod to the project site.Failure to provide this information as stated above may result in rejection of sod installation. 10 Initial Substantial Compliance: Upon completion of the turfgrass installation, the Contractor and Monroe County Project Representative or Project Manager will conduct an initial walkthrough inspection to identify any workmanship items that need to be corrected by the Contractor. The Monroe County Project Representative or Project Manager shall provide a written punch list of items to the Contractor that needs to be corrected prior to scheduling the final substantial compliance. No final substantial compliance can occur during the 30-Day Grow-in Program. 11 The Contractor shall laser grade and re-compact existing baseball infield clay. 12 30-Dav Grow-in Maintenance Programt : Includes mowing, fertilization, aeration, topdressing,and application of any required fertilizers,herbicides,or pesticides until sod is firmly rooted. The 30-Day Grow-in Program commencement date is established by the completion of the initial sod installation requirements as stated above. 3 13 The Contractor is fully responsible for providing all the necessary layout and supervision required for completion of this work. 14 Final Substantial Compliance: Upon completion of the 30-Day Grow-in Maintenance Program, the Contractor shall coordinate with the Monroe County Project Representative or Project Manager to conduct a final walkthrough inspection to demonstrate that all of the outstanding punch list items have been addressed or corrected.The Contractor must provide all the required warranties as outlined in the project contract documents. 3. General Requirements A) Contractor shall coordinate monthly activities with Monroe County Facilities Maintenance Department. B) The Contractor shall ensure that all non-exempt employees for this effort are compensated in accordance with all State and Local Laws. Q 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. 4 Contractor shall provide a lump sum price by 'Tuesday, October 13, 2020, by 12:00pm., 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. 4 O)Insurance Requirements: Workers Comp Employers Liability $100,000/$500,000/$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 Bond Not Required The Monroe County Board of County Commissioners shall be named as Certificate Holder and 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 term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or(C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims,actions,causes of action,litigation,proceedings,costs or expenses arise from the intentional or sole negligent acts or omissions of 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 5 r Statutes. hwfar 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. 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 he/shefit has not employed, retained or otherwise had act on his/hers/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 0 10-1990 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: 1) They will publish a statement notifying employees that the unlawflil manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the 6 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 of this section. ADDITIONAL CONTRACT PROVISIONS I) Nondiscrimiination/Egual Employment Opportunity. 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 VII of the Civil Rights Act of 1964(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 of 1975,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 basis 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 amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USG 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 nondiscrimination on the basis of disability; 10) Monroe County Code 7 d Chapter 14,Article II,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 chatter of,this Agreement. I1) 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 right to terminate 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 terminates this agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract;however,the County reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to Contractor shall not in any event exceed the spending cap in this Agreement. In addition, the County reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. D. Termination for 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. In addition, the County reserves all rights available to recoup monies paid under this Agreement,including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Art. IX, Section 2-721 et al. of the Monroe County Code. E. Scrutinixedxed Companies: For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List,or is engaged in a boycott of Israel,the County shall have the option of(1)terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida 8 Statutes,or(2)maintaining the Agreement if the conditions of Section 287.135(4),Florida Statutes,are met. Ell)Maintenance of Recorft Contractor shall maintain all books,records,and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven(7)years from the termination of this agreement or for a period of three(3)years from the submission of the 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 term 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) Riebt to Audit. Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records(hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders,bid recaps,bidding instructions,bidders list,etc.);original estimates; estimating work sheets;correspondence,change order 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 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 agents or the County Clerk. County or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site,witnessing the distribution of payroll,verifying payroll computations,overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges,verifying information and amounts through interviews and written 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 indent 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 9 Section 55.03, Fla. Stat., running from the date the monies were paid to Contractor. The right to audit provisions survive the termination of the expiration of this Agreement. V) PaIment of Fees/Invoices. _ County shall pay pursuant to the Florida Local Government Prompt Payment Act, Fla. Stat. Sec. 218.70, upon receipt of a Proper Invoice from the Contractor. Payments due and unpaid under the Contract shall bear interest pursuant to the Florida Local Government Prompt Payment Act. The Contractor is to submit to the County invoices with supporting documentation that are acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. The invoices shall be delivered to the Monroe County Facilities Maintenance Department, 3583 S. Roosevelt Blvd., Key West, FL 33040, and a copy emailed to collins- chrissy@monroecounty-fl.gov. The County is exempt from sales and use taxes. A copy of the tax exemption certificate will be provided upon request. Final payment shall be made by the County,as the Owner,to the Contractor when the Contract has been fully performed by the Contractor and the work has been accepted by the County. VI) Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119,Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other"public record"materials in its possession or under its control subject to the provisions of Chapter 119,Florida Statutes,and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. 10 (2) Upon receipt from the County's custodian of records,provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to 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 format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract,notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor.A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10,Florida Statutes. 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 QUESTIONS REGARDING THE "PLICATION OF CHAPTER 119, FLORIDA SLATUTEo THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRUN BRADLEY AT PHONE# 305-292-3470,.BRADLEY- BRIAN*,MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEVS OFFICE, 1111 12TH Street, alllTE 408, KEY WEST, FL 33040, V11) E-Verify System. Beginning January 1,2021,in accordance with F.S. 448.095,the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S.Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term.Any subcontractor shall provide an affidavit stating that the subcontractor does not employ,contract with,or subcontract with an unauthorized alien.The Contractor shall comply with and be subject to the provisions of F.S.448.095 PROPOSAL FORM PROPOSAL TO: Monroe County Facilities Maintenance 3583 S.Roosevelt Blvd. Key West,FL 33040 PROPOSAL FROM: + 4=L- 33oc)-i The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of Key Largo Park-Baseball Fields Sod Replacement 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 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 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 performed. 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 performance until completion of the Project. The undersigned shall accomplish Substantial Completion of the Project within Ninety (90) calendar 12 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. 6 A _ ollars.. (Total Base Proposal- w s) "D rea S I Lk?" 3 S70 va Dollars. (Total Base Proposal—numbers acknowledge Alternates as follows: NIA I acknowledge receipt of Addenda No.(s) or None No. Dated No. Dated 13 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: bM://fl-manroerooW.civiWlus.com/Bids.1spx9CatlD=1,8; 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: a r-4---t o "VIo t Mailing Address: Phone Dumber: E.I.N.: Email Date: Signed: _ r Name Title Contractor's Witness signaturQ: Witness name: Date: f b S c� The County accepts the,above Proposal: MONROE COUNTY, FLORIDA By: Date: County Administrator or Designee MC**:t0E COUNW ATTO EY'S C WRCE Eo,As�ra o PATRICIA EASLE S 1 c ► r' tl ATr ?FilY NON-COLLUSION AFFIDAVIT of the city of according to law on my oath, and under penalty of perjury, depose and say that: 1. I am AW me-r— of the firm of the proposer making the Proposal for the roject described in the n6 fice for calling for proposals for: La, 1 -ct is S d.`� 6,ee&et hand 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 of said project. / L5 60-111�b (Sign ture of Proposer) (Date) STATE OF: r�-° bA COUNTY OF: I -oA)1W'- Subscribed and sworn to (or affirmed) before me, by means of U physical presence cL on (02,417&z I6 -.-�>O Q 0 (date) by e p , � �Q ua /�e rg (name of affiant). HeIMM is personally known to me (type of identification) as identification. h1YC0YW8SI0N i HW 031M -- `'+, ©(PIRE8:8epbWb r27,2D24 TARP PUBLIC io'r'i�°t:Bo�d1KM1M1NoblyRbiDUod�IM1r1+� My commission expires: (SEAL) 15 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE (Company) warrants that he/sheet 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, commission, percentage, gift, or consideration paid to the former County officer or employee". (Signs ure) Date: ►o 11 ae STATE OF: COUNTY OF: Subscribed and sworn to (or affi=bete_ efore me, by means ofonlinephysical presence 4w- online .,^ ri'2f�r,r,, me on / 20 _ (date) by - lxh fj He is personally known to me s identification. (Type of identification) y ar arrdrris80111 a rfr o3im • �'o• EMS:s . ANN NOTARY PUBLIC on ded7Vu1jftyPUbkUh*r*A s My commission expires: (SEAL) 16 DRUG-FREE WORKPLACE FORM The undersi ed vendor in accordance with Florida Statute, Sec. 287.087 hereby certifies that- e 1, - '��n ru f o Zr-,c . (NbW 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 firm complies fully with the above requirements. Proposer's ignature lao Date STATE OF: ,�=zo�6A COUNTY OF: V Subscribed and sworn to (or a fore me, by means of 121 physical presence OF B- GAIiAe , me on l�- 20 a v (date) by 12eV 4#A 16h�4, He is personally known to me OF haS pred--cod g - (Type of MRMHORMECM Ex 11ft,8Vbm*27,204 °�'` so�aeanwaowrs u r. 40TARY PUBLIC (SEAL) My Commission Expires: 17 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 hav read the above and state that neither - - j (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last thirty-six (36) months. (Signs ro) [date: le) 1,5 STATE OF: P C'0g16'q-- COUNTY OF: 0/V d,0— Subscribed and swum to (or affirmed) before me by means of Vphysicai presence w- 19 , on the day of , 20.2 z) (name of affiant). fief is personally known to me OF hag d My Commission E ires: WM 0fA y t'I; Y: wiC�ONHWIMM NOTARY PUBLICUWWWAR (SEAL) 18 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): 4.r'k Respondent Vendor Name: rm-A-v Vendor FEIN: Vendor's Authorized Representative Name and S Address: City: State: ��--- Zip: �rj Phone Number - Email Address:, r'ra ar. 1. rvt 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,attorneys 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. Certified By: ± -6- who is authorized to sign on behalf of the above refs ed company. Authorized Signature: Print Name: 6 A Title: 'C I" 4 Note:The List are available at the following Department of Management Services Site: hnn://`vw,%v.dins.myflorida.com/business operations/state purcl)asing/vendor intdnnation/convicted suspended dis criminatpry complaints vendor lists 19 INSURANCE REQUIREMENTS AND FORMS MONROE COUNTY,FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES General Insurance Requirements For Other Contractors,Subcontractors and Professional Services As a pre-requisite of the work and services governed, or the goods supplied under this contract (including the pre-staging of 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 from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time,except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules.Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be unposed as if the work had not been suspended,except for the Contractor's failure to maintain the required insurance. The Contractor will be held responsible for all deductibles and self-insured retentions that may be contained in the Contractor's Insurance policies. The Contractor shall provide,to the County,as satisfactory evidence of the required insurance,either: -Certificate of Insurance or -A Certified copy of the actual insurance policy. The County,at its sole option,has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change,or reduction in coverage unless a minimum of thirty(30)days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners,its employees and officials will be included as "Additional Insured"on all policies,except for Workers' Compensation. 20 Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled"Request for Waiver of Insurance Requirements"and approved by Monroe County Risk Management Department, 21 PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Workers Comp Employers Liability $1001)000/$500,000/$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 Bond Not Required The Monroe County Board of County Commissioners shall be named as Certificate Holder and 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 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, stab-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 Section 725.06, Florida 22 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. PROPOSERS 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. PROPOSER Signafure 23 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 Liability policies are Occurrence Claims Made Insurance Agency Signature 24 MONROE COUNTY,FLORIDA REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS It is requested that the insurance requirements,as specified in the County's Schedule of Insurance Requirements,be waived or modified on the following contract. Contractor dor: Pro'e t or Service: ContractorNendor Address&Phone#: General Scope of'Work: Reason for Waiver or Modification: Policies Waiver or Modification will apply to: Signature of Contractor/Vendor: Date: Jj5r `Approved Not Approved Risk Management Signature: Date: County Administrator appeal: Approved: Not Approved: Date: Board of County Commissioners appeal: Approved: Not Approved: Meeting Date: 25 d 00 ''" N OO Uf IZ 00 N 1 N O I. m d Ln o +>' X X X X rn X m dam' O 00 IZ N 0Nj s n rn O O io m N v>cu N N N N +n > O o 0 0 0 o Z X X p O O X X X Xe- m m o m rn aJ � of d rri U0 3 d' -1 -1 N Ol Ln N -1 t�s Lu tag U o o C) o 0 0 a o o x x x x x x x x x o x N c M y inu .Q 4J C C 'A t0 0 0 u O O 0 aj Q N O L H N 'A 0. C +' Q i fT0 O m 7 V u. 3 a3+ G) y b H i 4J GG1J ^ L v ° 3 a+ = EE O m O u cu •t 76 C i 76QH m 'A C U Ln Ln 'a u M 0U L m O N E 0 M O M O O . 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