Item C28BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 15, 2011 Division: Public Works
Bulk Item: Yes X - No. Department: Unin. Parks & Beaches
Staff Contact Person/Phone #: Joe Medallion/852-7161
AGENDA ITEM WORDING: Approval to waive bid bond requirement and award bid and contract
to 3d Generation Plumbing, Inc. for on -site sewer connection at the Key Largo Community Park in the
amount of $38,850.
ITEM BACKGROUND: On March 22, 2011, three (3) bids were received for this project:
3'dGeneration Plumbing, Inc. $38,850; Master Mechanical $61,218; and A-1 Construction $547,892.
3'd Generation Plumbing did not submit a bid bond, but staff recommends waiving this requirement as
they are the lowest bidder and their bid conforms to all other requirements.
PREVIOUS RELEVANT BOCC ACTION: This project was identified and funded within the
FYI budget for Fund 147 wastewater upgrades to County facilities as adopted by the BOCC on
September 20, 2010.
CONTRACT/AGREEMENT CHANGES: New contract.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: $38,850.00
BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: Lowest of two local bidders
COST TO COUNTY: 38 850.00 SOURCE OF FUNDS: Unin. Parks & Beaches Fund 147
REVENUE PRODUCING: Yes lio X OUNT Per Month Per Year
APPROVED BY: County Atty /Purc ing Risk Management
DOCUMENTATION: Incl ded x
DISPOSITION
Revised 7/09
Not Required
AGENDAITEM#
Contract with: 3rd Generation Plumbing Contract #
Effective Date:
Expiration Date:
Contract Purpose/Description: Key Fargo Community Park on -site sewer connection
Contract Manager. Joe Medallion 7161 Public Works #19
(Name) (Ext.) (Department/Stop #)
LfbrBOCC.me2jjgjon June 15, 2011 Agenda- Deadline: Mk 31, 2011
CONTRACT COSTS
Total Dollar Value of Contract: $38,850 Current Year Portion: $38,850
Budgeted? Yes® No ❑ Account Code: 147-20538-560620
Grant: $
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr. For:
of included in dollar value above e.., maintenance
CONTRACT REVIEW
Changes
Elate In Needed
Division Director 1 YesO No�R
Risk Manage t YesQ NoE2 t
O.M.B./PurcLing YesE] NoN�
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County Attorney Yes[] No
Comments: (A S j /L.J / 7
M
Date Out
31
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SECTION THREE
CONTRACT FOR ON -SITE SEWER CONECTION
AT KEY LARGO COMMUNITY PARK
NAME OF CONTRACTOR
MONROE COUNTY
THIS CONTRACT (hereafter "Contract" or "Agreement'), made and entered into this 1 '� -)FA
day of -S y,i%t , 2011, by and between Monroe County, a political subdivision of the State of
Florida, (hereafter "County"), whose address is 1100 Simonton Street, Key West, Florida, 33040
and3 � , a Florida Corporation (hereafter Contractor), whose
address is,�,p f c,: � . , � .,�� �. -x�s . The parties hereto, for
the considerations herein set forth, mutually agree as follows:
1. SCOPE OF WORK.
a) The Contractor shall complete the following work at the Key Largo Community Park:
i. The existing WWTP at the Park bathrooms/concession stand shall be abandoned
along with the existing drainfields. The existing fiberglass dosing pump station will be
upgraded and remain as a pump station.
ii. The existing 2" force main from the Jacob's Pool pump station shall remain and be
reversed to carry flow from the dosing pump station to the Jacob's pool pump station.
iii. The existing Jacob's pool pump station shall be upgraded and a new 2" force main
provided from this pump station to the final connection at the WWTD buffer tank in the
Laguna Avenue R.O.W.
iv. The Public Works Maintenance building connection to a remote septic tank shall be
disconnected (septic tank to remain) with a new gravity sewer line installed and
connected to the Jacob's pool pump station.
b) All work shall be done in accordance with permits and/or requirements of the Key Largo
Wastewater Treatment District, Florida Department of Health, Florida Department of Environmental
Protection, and the Monroe County Building Department, including all required tests of existing and
new equipment and appurtenances.
c) All work shall be done in accordance with the plans and specifications prepared by Blue
Water Engineering including all specified equipment or approved equal by Blue Water Engineering.
2. CONTRACT SUM. The County shall pay the Contractor for the faithful performance of
said construction
The Board of County Commissioners assume no liability to fund this agreement for an
amount in excess of this award. Monroe County's performance and obligation to pay under this
agreement is contingent upon an annual appropriation by the BOCC.
a) Payment for expenditures permissible by law and County policies shall be made through
reimbursement to Contractor upon presentation of Application for Payment Summary - AIA
Document G702, invoices, canceled checks and other documentation necessary to support a claim
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for reimbursement. Included in said documentation shall be proof that the Grantee has received and
applied to the property matching funds equivalent to or greater than the amount invoiced to the
Grantor. All submissions for payment shall have a proposed schedule of values and indicate the
percentage of completion of the overall project as of the submission. This document should be
signed by the project architect, engineer, general contractor or project manager. Photos of the
progress of the work shall also be submitted with the payment application. When the project
requires a county and/or municipal building permit(s), it shall be the responsibility of the
project architect, engineer, general contractor or project manager to initiate the
communication with the Monroe County Construction Management Department to facilitate
the inspection of said phase and obtain the signature of a Monroe County Construction
Manager as to the completion of said phase at which time the documentation shall be
submitted for payment.
The application for payment document must be certified through a statement signed by an officer of
the organization and notarized, declaring that representations in the invoice are true and factual.
Grantee shall also provide partial releases of liens or certifications of non -lien if applicable. Grantor
shall retain 10% of any payment on work in progress until the Grantee has provided a Final Release
of Lien for each vendor/Contractor for whom payment is requested. Final payment will not be
made until the following documents are complete and submitted to the Grantor:
AIA Document
G-702 Application for Payment Summary
AIA Document
G-704 Certificate of Substantial Completion
AIA Document
G-706 Contractor's Affidavit of Debts & Claims
AIA Document
G-706A Contractor's Affidavit of Release of Liens
AIA Document
G-707 Consent of Surety to Final Payment
Final Release of Lien
Affidavit and Partial Release of Lien
C3ti ,/T`'*6,.. .7"ej•-e"RC 'eY3 Cu3S
All payment requests must be submitted no later than the completion of project of ,
200. Invoices received after , 20 _ will not be considered for payment.
3. CONTRACTOR'S ACCEPTANCE OF CONDITIONS.
a) The Contractor hereby agrees that he has carefully examined the sites and has made
investigations to fully satisfy himself/herself that such sites are correct and suitable ones for this
work and he/she assumes full responsibility therefore. The provisions of this Agreement shall
control any inconsistent provisions contained in the Specifications. All Specifications have been read
and carefully considered by the Contractor, who understands the same and agrees to their
sufficiency for the work to be. done. Under no circumstances, conditions, or situations shall this
Contract be more strongly construed against the County than against the Contractor (and his
Surety, if applicable).
b) Any ambiguity or uncertainty in the Specifications shall be interpreted and
construed by the design engineer — Blue Water Engineering & Design, and his decision shall be
final and binding upon all parties.
c) The passing, approval, and/or acceptance of any part of the work or material by the
County shall not operate as a waiver by the County of strict compliance with the terms of this
Agreement, and Specifications covering said work. Failure on the part of the Contractor,
immediately after Notice to correct workmanship shall entitle the County, if it sees fit, to correct
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the same and recover the reasonable cost of such remediation work and/or repair from the
Contractor, who shall in any event be jointly and severally liable to the County for all damage, loss,
and expense caused to the County by reasons of the Contractor's breach of this Agreement and/or
his failure to comply strictly and in all things with this Agreement and with the Specifications.
4. INDEPENDENT CONTRACTOR. At all times and for all purposes under this
Agreement the Contractor is an independent contractor and not an employee of the Board of County
Commissioners for Monroe County. No statement contained in this Agreement shall be construed so
as to find the contractor or any of his/her employees, contractors, servants, or agents to be
employees of the Board of County Commissioners for Monroe County.
5. ASSIGNMENT. The Contractor shall not assign this Agreement, except in writing and
with the prior written approval of the Board of County Commissioners for Monroe County, which
approval shall be subject to such conditions and provisions as the Board may deem necessary. This
Agreement shall be incorporated by reference into any assignment and any assignee shall comply
with all of the provisions of this Agreement. Unless expressly provided for therein, such approval
shall in no manner or event be deemed to impose any obligation upon the Board in addition to the
total agreed -upon price of the services/goods of the contractor.
6. COMPLIANCE WITH THE LAW. In providing all services/goods pursuant to this
Agreement, the contractor shall abide by all statutes, ordinances, rules and regulations pertaining to,
or regulating the provisions of, such services, including those now in effect and hereinafter adopted.
Any violation of said statutes, ordinances, rules and regulation shall constitute a material breach of
this Agreement and shall entitle the Board to terminate this contract immediately upon delivery of
written notice of termination to the contractor. The Contractor shall possess proper licenses to
perform work in accordance with these specifications throughout the tern of this contract.
7. INSURANCE. Prior to execution of this Agreement, the Contractor shall furnish to the
County Certificates of Insurance for the following coverage:
Worker's Compensation - $100,000 Bodily Injury by Accident; $500,000 Bodily
Injury by Disease, policy limits; $100,000 Bodily Injury
by Disease, each employee
Vehicle Liability - $100,000 combined single limit
General Liability - $300,000 combined single limit
Employee Dishonesty - $100,000
a) Certificates of Insurance must be provided to Monroe County prior to execution of this
Agreement and within fifteen days after award of proposal, with Monroe County BOCC listed as
additionally insured on all except Workers Compensation. Thereafter, the Contractor must keep in
full force and effect all of the insurance coverages listed above during the term of this Agreement. If
the insurance policies originally purchased that meet the requirements are canceled, terminated or
reduced in coverage, then the Contractor must immediately substitute complying policies so that no
gap in coverage occurs.
b) All forms of insurance required above shall be from insurers acceptable to the County.
c) 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 days prior notification is given
to the County by the insurer.
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d) 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 days prior notification is given
to the County by the insurer.
e) The insurance required of the Contractor by the terms of this Agreement is for the
protection of the County, its property and employees, and the general public. The insurance
requirement is not, however, for the protection of any specific member of the general public who
might be injured because of an act or omission of the Contractor. The insurance requirements do not
make any specific injured member of the general public a third party beneficiary under this
Agreement. Therefore, any failure by the County to enforce these insurance requirements, or
terminate this Contract if the Contractor becomes uninsured or underinsured, is not a breach of any
duty or obligation owed to any specific member of the general public and cannot form the basis of
any County liability to a specific member of the general public or his/her dependents, or estate or
heirs.
f) Notwithstanding the provisions of paragraph 34, the County may immediately treat the
Contractor in default if the Contractor fails to maintain the insurance required by this paragraph 8.
Before terminating the agreement in this situation, the County need only provide the Contractor 24-
hour notice by FAX or overnight courier. The County may, but need not, provide the Contractor
with an opportunity to cure the default.
8. INDEMNIFY AND HOLD HARMLESS. 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 (including, without
limitation, costs of remediation and costs of additional security measures that the Federal Aviation
Administration, the Transportation Security Administration or any other governmental agency
requires by reason of, or in connection with a violation of any federal law or regulation, attorneys'
fees and costs, court costs, fines and penalties) 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 on the Airport during the
term of this Agreement, (B) the negligence or willful misconduct of Contractor or any of its
employees, agents, contractors or other invitees, or (C) Contractor's default in respect of any of the
obligations that it undertakes under the terms of this lease, 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). 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.
9. RECORDS. Contractor shall maintain all books, records, and documents directly
pertinent to performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each party to this Agreement or their authorized representatives
shall have reasonable and timely access to such records of each other party to this Agreement for
public records purposes during the term of the Agreement and for four years following the
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termination of this Agreement. If an auditor employed by the County or Clerk determines that
monies paid to the Contractor pursuant to this Agreement were spent for purposes not authorized
by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant
to Sec. 55.03, FS, running from the date the monies were paid to Contractor.
10. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This
Agreement shall be governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be performed entirely in the State. In the event that any cause
of action or administrative proceeding is instituted for the enforcement or interpretation of this
Agreement, the County and Contractor agree that venue will lie in the appropriate court or before
the appropriate administrative body in Monroe County, Florida. The County and Contractor agree
that, in the event of conflicting interpretations of the terms or a term of this Agreement by or
between any of them the issue shall be submitted to mediation prior to the institution of any other
administrative or legal proceeding.
11. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or
the application thereof to any circumstance or person) shall be declared invalid or unenforceable to
any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and
provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant,
condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent
permitted by law unless the enforcement of the remaining terms, covenants, conditions and
provisions of this Agreement would prevent the accomplishment of the original intent of this
Agreement. The County and Contractor agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken
provision.
12. ATTORNEY'S FEES AND COSTS. The County and Contractor agree that in the event
any cause of action or administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable
attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -
prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket
expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this
Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and
customary procedures required by the circuit court of Monroe County.
13. 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.
14. 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.
15. ADJUDICATIONS 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 no resolution can be agreed upon
within 30 days after the first meet and confer session, the issue or issues shall be discussed at a
public meeting of the Board of County Commissioners. 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
14
may be provided by this Agreement or by Florida law.
16. 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.
17. NONDISCRIMINATION. Contractor will 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 VI 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 USC s. 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. 1201 Note), as may be amended from time to time, relating to
nondiscrimination based of disability; 10) Secs. 13-101, et seq., Monroe County Code, relating to
discrimination based on race, color, sex, religion, disability, national origin, ancestry, sexual
orientation, gender identify or expression, familial status or age; 11) Any other nondiscrimination
provisions in any Federal or State statutes which may apply to the parties to, or the subject matter of,
this agreement. The Contractor expressly understands that upon a determination by a court of
competent jurisdiction that the Contractor has discriminated against any person, this agreement
automatically terminates without any further action on the part of any party, effective the date of the
Court order.
18. COVENANT OF NO INTEREST. County and Contractor covenant that neither
presently has any interest, and shall not acquire any interest, which would conflict in any manner
or degree with its performance under this Agreement, and that only interest of each is to perform
and receive benefits as recited in this Agreement.
19. CODE OF ETHICS. County agrees that officers and employees of the County
recognize and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to,
solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation;
misuse of public position, conflicting employment or contractual relationship; and disclosure or
use of certain information.
20. 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
15
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 Agreement. For the breach or
violation of the provision, the Contractor agrees that the County shall have the right to terminate
this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
21. PUBLIC ACCESS. The County and Contractor shall allow and permit reasonable
access to, and inspection of, all documents, papers, letters or other 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 Agreement; and the County shall have the
right to unilaterally cancel this Agreement upon violation of this provision by Contractor.
22. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28,
Florida Statutes, the participation of the County and the Contractor in this Agreement and the
acquisition of any commercial liability insurance coverage, self-insurance coverage, or local
government liability insurance pool 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.
23. 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.
24. LEGAL OBLIGATIONS AND RESPONSIBILITIES. Non -Delegation of
Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as,
relieving any participating entity from any obligation or responsibility imposed upon the entity by
law except to the extent of actual and timely performance thereof by any participating entity, in
which case the performance may be offered in satisfaction of the obligation or responsibility.
Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of
the constitutional or statutory duties of the County, except to the extent permitted by the Florida
constitution, state statute, and case law.
25. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely
upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party
claim or entitlement to or benefit of any service or program contemplated hereunder, and the County
and the Contractor agree that neither the County nor the Contractor or any agent, officer, or
employee of either shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits under
this Agreement separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
26. ATTESTATIONS. Contractor agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-
16
Free Workplace Statement.
27. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County
in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall
be liable personally on this Agreement or be subject to any personal liability or accountability by
reason of the execution of this Agreement.
28. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any
number of 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.
29. SECTION READINGS. 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.
30. PROFESSIONAL RESPONSIBILITY. The Contractor warrants that it is authorized
by law to engage in the performance of the activities encompassed by the project herein described,
subject to the terns and conditions set forth. The provider shall at all times exercise independent,
professional judgment and shall assume professional responsibility for the services to be provided.
Continued funding by the Board is contingent upon retention of appropriate local, state, and/or
federal certification and/or licenser of contractor.
31. NOTICE REQUIREMENT. Any notice required or permitted under this agreement
shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail,
returned receipt requested, to the following:
FOR COUNTY
Joe Medallion
Director, Upper Keys Operations
88770 Overseas Highway
Tavernier, FL 33070
Phone:(305) 852 -7161
Fax: (305) 852-7117
FOR CONTRACTOR
a-� sus 7zf.s -.Zq 5
32. CANCELLATION.
a) The failure by the Contractor to comply with all the terms and conditions of this
Agreement shall constitute a default/breach under the terms of this Agreement. Unless the County
has accepted in writing a delay in performance of the services, the failure by the Contractor to
perform said services shall also constitute a default/breach under the terms of this agreement. In the
event of a default/breach of the Agreement, the County may cancel this Agreement for cause with
seven days notice to the contractor.
b) Except for the County's termination because of non -appropriation in paragraph 2
or because of lack of insurance coverage in paragraph 7, either of the parties hereto may cancel this
agreement without cause by giving the other party thirty days written notice of its intention to do
SO.
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33. MUTUTAL REVIEW. This agreement has been carefully reviewed by the Contractor
and the County, therefore this agreement is not to be construed against either party on the basis of
authorship.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed this
day of , 2011.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk Mayor
CONTRACTOR
By. _
0-4-14 Lt, L
Witnesses Title
P6dro J. sq.,
a Bar N 0084050
P.O. Box 10
Key West, FL 33041-1026
(305) 292-3470
and OpprToas to form by:
nt County Attorney
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BID PROPOSAL
The Bid Proposal shall be submitted on the forms included in this section of the Bidding Documents
as previously instructed therein.
Item Description
Bid Proposal Form
2. Non -Collusion Affidavit
3. Lobbying and Conflict of Interest Clause (Ethics Clause)
4. Drug Free Workplace
5. Local Preference Form
Monroe County Occupational License
(Current copy to be submitted with bid)
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PROPOSAL FORM
TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
C/O PURCHASING DEPARTMENT
GATO BUILDING ROOM 1-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
PROPOSAL FROM:a�E f....(. .,�
The undersigned, having carefully examined the work, specifications, proposal, and addenda thereto and
other Contract Documents for the services of
ON -SITE SEWER CONNECTION AT KEY LARGO COMMUNITY PARK
The Contractor, in submitting the foregoing proposal, agrees to comply with all contract specification
documents.
Dollars
(Total Base B`id — words) r
$ ` Aj (Total Base Bid — numbers)
t
Days: (Number of contract days required to complete the work)
I acknowledge receipt of Addenda No. (s)
(Check mark (4) items below, as a reminder that they are included.)
I have included the Bid Proposal which entails:
• Lobbying and Conflict of Interest Clause _ L`
• Non -Collusion Affidavit _g
• Drug Free Workplace Form .
• Public Entity Crime Statement
« Insurance Requirements
• Local Preference Form (if applicable)
• Bid Bond (5% of Bid Price)
(a Contract Bond is not required)
In addition, I have included a current copy of
Monroe County Occupational License ;
Insurance Agents Statement ;
and all requirements as stated in Section One, Article 1.04 Paragraphs A through C.
Print Named i4ci-6. :r__ Title: 1 -#-
Mailing Address: -star-, c*Gi Telephone:-x.,,` -, t _ �4.2 4:j
Fax:
Date:
Signed: l% Witness:
(Seal)
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NON -COLLUSION AFFIDAVIT
1, v' y-s of the city of .a, —I _ti
according to law on my oath, and under penalty of perjury, depose and say that:
l . I am 3'
of the firm of3r:ei ,�,��,.. ,- 2r
making the Bid for the services/work/project described in the Request for
Bids for:QW.
and that I executed the said Bid with full authority to do so:
2. The prices in this bid/Bid have been arrived at independently without collusion, consultation,
communication or agreement for the purpose of restricting competition, as to any matter
relating to such prices with any other bidder or with any competitor.
3. Unless otherwise required by law, the prices and percentage of return which have been
quoted in this bid/Bid have not been knowingly disclosed by the responder and will not
knowingly be disclosed by the responder prior to bid/Bid opening, directly or indirectly, to
any other bidder/responder or to any competitor.
4. No attempt has been made or will be made by the bidder/responder to induce any other
person, partnership or corporation to submit, or not to submit, a bid/Bid for the purpose of
restricting competition.
5. The statements contained in this affidavit are true and correct, and made with full knowledge
that Monroe County relies upon the truth of the statements contained in this affidavit in
awardingSontracts for the pro'ecttservices/work.
( ature of Bidder) (Date) ''J
STATE OF:= 1g
COUNTY OF:
PERSONALLY APPEARED BEFORE ME, the undersigned authority, _ - n,ar-s hl. 11ii6who,
after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided
above on this day of 201/
NOTARY PUBLIC
My Commission Expires:
21
SWORN STATEMENT UNDER ORDINANCE NO.10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
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. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. 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.
�4 ff-a" 2 �
(signature)
Date: { 2n r r
STATE OF;�la
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
rw's �. tl ,c � who, after first being sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this 19 4 day of
OMB - MCP FORM #4
22
NOTARY PUBLIC
My commission expires:
DRUG -FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute�2T8'7.087 hereby certifies that:
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of
a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for
violations of such prohibition.
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, or any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements.
STATE OF 1^ 4sarz4)A
oaryo-_-11,
gnature of Respondent)
COUNTY OF Ajop- 6 f-
Date
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
mates L4. who, after first being sworn by me, (name of individual
signing) affixed his/her signature in the space provided above on this
j ,a 4-h day of W , 20.Lf.
-� My commission expires:
NOTARY PUBLIC
23
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 consultant under a contract with any
public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017, for CATEGORY TWO for a period of
36 months from the date of being placed on the convicted vendor list."
By executing below, proposer states that he/she/it is in compliance.
'gnature
STATE OF j: p e;j_A
(Signature of Respondent)
COUNTY OF
ATE
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
~`7SA S .I_ p'V who, after first being sworn by me, (name of
individual signing) affixed his/her signature in the space provided above on this
day of _ _ , 20 L.
- My commission expires:
OTARY PUBtIC
24
INSURANCE CHECKLIST
FOR
VENDORS SUBMITTING PROPOSALS
FOR WORK
To assist in the development of your proposal, the insurance coverage's marked with an "X" will be
required in the event an award is made to your firm. Please review this form with your insurance
agent and have him/her sign it in the place provided. It is also required that the respondent sign the
form and submit it with each proposal.
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
Workers' Compensation
Statutory Limits
WCI X
Employers Liability
$100,0001$500,0001$100,000
WC2
Employers Liability
$500,000/$500,000/$500,000
WC3
Employers Liability
$ 1,000,000/$ 1,000,000/$ 1,000,000
WCUSLH
US Longshoremen &
Same as Employers'
Harbor Workers Act
Liability
WCJA
Federal Jones Act
Same As Employers'
Liability
25
GENERAL LIABILITY
As a minimum, the required general liability coverage will include:
• Premises Operations •
• Blanket Contractual •
• Expanded Definition
Of Property Damage
Required Limits:
Products and Completed Operations
Personal Injury
GL1 X $100,000 per Person; $300,000 per Occurrence
$50,000 Property Damage
or
$300,000 Combined Single Limit
GL2 $250,000 per Person; $500,000 per Occurrence
$50,000 Property Damage
or
$500,000 Combined Single Limit
GL3 $500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
GL4 $5,000,000 Combined Single Limit
Required Endorsement:
GLXCU Underground, Explosion and collapse (XCU)
GLLIQ Liquor Liability
GLS Security Services
All endorsements are required to have the same limits as the basic policy
26
I
VEHICLE LIABILITY
As a minimum, coverage should extend to liability for:
Owned; Non -owned; and hired Vehicles
Required Limits:
VL 1 X $50,000 per Person; $100,000 per Occurrence
$25,000 Property Damage
or
$100,000 Combined Single Limit
VL2 $100,000 per Person; $300,000 per Occurrence
$ 50,000 Property Damage
or
$300,000 Combined Single Limit
VL3 $500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
VL4 $5,000,000 Combined Single Limit
1VIISCELLANEOUS COVERAGES
BRl
Builders'
Limits equal to the
Risk
completed project
MVC
Motor Truck
Limits equal to the maximum
Cargo
value of any one shipment
PRO1
Professional
$ 250,000 per Occurrence/$ 500,000 Agg.
PR02
Liability
$ 500,000 per Occurrence/$1,000,000 Agg.
PR03
$1,000,000 per Occurrence/$2,000,000 Agg.
POL1
Pollution
$ 500,000 per Occurrence/$ 1,000,000 Agg.
POL2
Liability
$1,000,000 per Occurrence/$ 2,000,000 Agg.
POL3
$5,000,000 per Occurrence/$10,000,000 Agg.
ED1
Employee
$ 10,000
ED2
X Dishonesty
$100,000
GK1
Garage
$ 300,000 ($ 25,000 per Veh)
GK2
Keepers
$ 500,000 ($100,000 per Veh)
GK3
$1,000,000 ($250,000 per Veh)
27
K
MED1
Medical
$ 250,000/$ 750,000 Agg.
MED2
Professional
$ 500,000/$ 1,000,000 Agg.
MED3
$1,000,000/$3,000,000 Agg.
MEN
$5,000,0001$10,000,000 Agg.
IF
Installation
Maximum value of Equipment
Floater
Installed
VLPI
Hazardous
$ 300,000 (Requires MCS-90)
VLP2
Cargo
$ 500,000 (Requires MCS-90)
VLP3
Transporter
$1,000,000 (Requires MCS-90)
BLL
Bailee Liability
Maximum Value of Property
HKLI
Hangarkeepers
$ 300,000
HKL2
Liability
$ 500,000
HKL3
$1,000,000
AIR1
Aircraft
$ 1,000,000
AIR2
Liability
$ 5,000,000
AIR3
$50,000,000
AEO1
Architects Errors
$ 250,000 per Occurrence/$ 500,000 Agg.
AEO2
& Omissions
$ 500,000 per Occurrence/$1,000,000 Agg.
AEO3
$1,000,000 per Occurrence/$3,000,000 Agg.
EO1
Engineers Errors
$ 250,000 per Occurrence/$ 500,000 Agg.
EO2
& Omissions
$ 500,000 per Occurrence/$1,000,000 Agg.
EO3
$1,000,000 per Occurrence/$3,000,000 Agg.
28
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the respondent named below. The following
deductibles apply to the corresponding policy.
POLICY
Liability policies are Occurrence Claims Made
Insurance Agency
RESPONDENTS STATEMENT
DEDUCTIBLES
Signature
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all the requirements.
jAr4cs- IV 01WAto• /`
Respondent Signature
29
LOCAL PREFERENCE FORM
A. Vendors claiming a local preference according to Ordinance 023-2009 must complete this form.
Name of Bidder/Responder�11 C r. ,.i_"� Date: ,'' % - /(
1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least
one year prior to the notice or request for bid or proposal? (Please furnish copy).
2. Does the vendor have aphysical business address located within Monroe County from which the vendor operates
ort performs busmes$ on a day to day basis that is a substantial component of the goods or services being offered to
Monroe County?�/
List Address: !im oor-sue-..,., ��y+ c���-2,
Telephone Number: ,his `T``J!Z
B. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services or construction to
Iocal businesses meeting the criteria above as to licensing and location? l +d .
If yes, please provide:
1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least
one year prior to the notice or request for bid or proposal.
2. Subcontractor Address within Monroe County from which the subcontractor operates:
I' Tel. Number
Print Name: J, tM 5 V. A
ignature and Title of Authorized Signatory for
Bidder/Responder
STATE OF: ®Q 3 cl R
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on i A14
- (date) -by, ',�,AM&CS , (name of affiant). He/She is personally known to me or has produced
_ (type
" off identification) as identification.
,�, 4 r_
NOTARY PUBLIC
My Commission Expires: la
Seal
#
$XA-A
vit. - - - r�
3*
IV
FL 33450--p
GRIST urof
Imo..'
WRO-M f;MQURED BY LAW
Ac# 4420990 STAM OF FLORIDA
DEPARTM�OW SS AM PROFESSIONAL REGULATION
1NDUSTRY LICENSING BOARD
SEWL0905290
[OEL29 0,9- 12O:�8223912
The j3usnmss ORGANIZATION
Named b6l0w IS QUALIFIED
Under the provisions Of Cbapt*r 489 FS.
Ex Piratlon date: AUG 33., 2013L
(TAIS IS NOT A LICENSE To PZRft= WORK. THIS ALLOWS
COMPANY TO DO BUSINESS ONLY IF IT HAS A QUALIFIER.)
3RD GWORATIOkT PLUMBING INC
3980 OvsRSEAS HWY
MARATHON FL 33DSO
CHARLIE GRIST
GOVERNOR CHARLES W. DRAGO
DISPLAY AS REQUIRED BY LAW SECRETARY
"c
2010 / 2011
MONROE COUNTY BUSINESS TAX RECEIPT
EXPIRES SEPTEMBER 30, 2011
Business Name: 3RD GENERATION PLUMBING INC RECEIPT# 30140-72998
Owner Name: JAMES N MASSARO Business Location: 3980 OVERSEAS HWY
Mailing Address: 3980 OVERSEAS HWY
MARATHON, FL 33050 Business Phone: 3o5R?
Rooms Seats
Number of Machines:
Tax Amount Transfer Fee Sub -Total
35.00 0.00
43-4245