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Item F17
BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 20, 2012 Division: Public Works/En ing eering Bulk Item: Yes X No _ Department: Engineering Services Staff Contact Person/Phone#: Judith Clarke 295-4329 AGENDA ITEM WORDING: Approval to execute a Contract with C&W Pipeline, Inc. for the Doctor's Arm Culvert Repairs project located in Big Pine Key. ITEM BACKGROUND: On October 18, 2012, Monroe County received 7 bids for this project. C&W Pipeline, Inc. was the lowest bidder with a bid price of$124,379.00. PREVIOUS RELEVANT BOCC ACTION: At the August 15, 2012 meeting, the BOCC approved advertising for construction bids for this project. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval of the Contract as mentioned above. TOTAL COST: $ 124,379.00 INDIRECT COST: BUDGETED: Yes No_ DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: $124,379.00 SOURCE OF FUNDS: Fund 102 REVENUE PRODUCING: Yes_ No X AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing_ Risk Managemen Y` DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM# Revised 7/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: C&W Pipeline, Inc. Contract# Effective Date: 11/20/12 Expiration Date: 3/20/2012 Contract Purpose/Description: Doctor's Arm Culvert Repairs. Replacement of 3 deteriorated culverts located on Big Pine Key Contract Manager: Judy Clarke 4329 Engineering/#1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 11/20/2012 Agenda Deadline: 11/6//2012 CONTRACT COSTS Total Dollar Value of Contract: $ 124,379.00 Current Year Portion: $ 75,000 Budgeted? Yes® No ❑ Account Codes: 10� - 2. : � - i`''�d - y Grant: $ - - - - County Match: ADDITIONAL COSTS Estimated Ongoing Costs:. For: (Not included in dollar value above) CONTRACT REVIEW Changes Date Out Date In Needed ev wer Division Director Yes[:] No[]_, �, 01ZC - Risk Manage nt j LL3L()-Yes❑ w No O.M.B./Pui sing$:XLV Yes❑ No❑ County Attorney I'D Yes[:] No Comments: OMB Form Revised 2/27/01 MCP#2 Doctor's Arm Culvert Repair Section 00500 Standard. Form of Agreement Between Owner and Contractor YFhere the basis of payment is a STIPULATED SUM AGREEMENT Made as of the 20th day of November in the year of Two Thousand and Twelve. BETWEEN the Owner: Monroe County Board of County Commissioners ("BOCC") 1100 Simonton Street Key West, Florida 33040 ("Owner") And the Contractor: C&W Pipeline, Inc. 18651 Marlin Rd Cutler Bay, FL 33157 ("Contractor") For the following Project: Doctor's Arm Culvert Repair Big Pine Key Monroe County, Florida ("Project") Oversight for Owner: Monroe County Engineering Services Department 1100 Simonton Street, Rrn 216 Key West, Florida 33040 Engineer: EAC Consulting, Inc. 815 NW 57`h Avenue, Suite 402. Miami, Florida 33126 The Owner and Contractor agree as set forth below. 5/102012 STANDARD FORM OF AGREEMENT BEFWEEN OWNERAND CONTRACTOR(9 2011) Q 500-1 Doctor's Arm Culvert Repair ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Insurance Requirements and Documents, Milestone Schedule, Bid Documents and Contractor's Bid, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement. These form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract'Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows:. Scope of Work is as specified in the Contract Documents, and shown on the Drawings and in the specifications. The contract constitutes the entire and exclusive agreement between the Owner and the Contractor with reference to the Doctor's Arm Culvert Repair Project. ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above,unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner as stated in Section 00350, milestone schedule. Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner, in writing not less than five days before commencing the Work. The date of commencement shall be the date specified in the Notice to Proceed issued to the Contractor. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than 120 Dam after the Date of Commencement, subject to adjustments of the Contract Time as provided by the Contract Document. LIQUIDATED.DAMAGES Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extension in time as set forth by the Owner's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. 5/10/2012 STANDARD FORM OF AGREEMLNT BE l:WEEK OGVNER AND CONTRACTOR(9 2011) 00500-2 Doctor's An Culvert Re asr FIRST SECOND 31"DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under 50,000.00 $50.00/DAY $100.00/DAY $250.00/DAY $50,000.00-$99,999.00 100.00/DAY 200.00/DAY 750.00/DAY $100,000.00-499,999.00 200.00/DAY 500.00/DAY 2,000.00/DAY $500,000.0 and Up 500.00/DAY 1,000.00/DAY 3,500.00/DAY The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. Balance of Page Intentionally Left Blank 5/10/2012 STANDDARDFORMOFA' 2011) 00500 3 REEvENTBE1WFENOWNERANDCc) T RAC'1'OR(9 .................................. Doctor's Ann Culvert[repair ARTICLE 4 Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's perfon-nance of the Contract, for Doctor's Arm Culvert Repair Project the Contract Sum of One Hundred Twenty Four Thousand Three Hundred Seventy Nine Dollars and Na11001s, ($124,379.00), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract.Sutra is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: None 4.3 Unit prices, if any, are as follows: As specified in Section 00110. ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Owner, and upon Project Applications and Certificates for Payment, the Owner shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one calendar month ending on the last day of the month. 5.3 County shall pay pursuant to the Local Government Prompt Payment Act 218.70. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Owner may require. This schedule,unless objected to by the Owner, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application,for Payment. . 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract.Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Ten percent(10%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Owner. When both additions and credits covering related Work or substitutions are involved in a change the 5/102012 STANDARD FOR1v OF AGREBUNTBElWENOWNERANDCONTRACTOR(} 2011) 00500-4 Doctor's Arm Culvert Repair allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction(or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Ten percent(10%): 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Owner has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add,upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ni net percent(90%) of the Contract Sum, less such amounts as the Owner recommends and determines for incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follows: None ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when(1)the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any,which necessarily survive final payment: and(2) a final.Project Certificate for Payment has been issued by the Project Manager: such final payment shall be made by the Owner not more than 20 days after the issuance of the final Project Certificate for Payment. ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document,the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest pursuant to the Local Government Prompt Payment Act 218.735 5lt012012 STANDARD FORM OP ACRE VIENT BETWEF N OWNFR.AND CON1RACrOR(9 20l l) 00500-5 ......... ..... Doctor's Arm Culvert Repair 7.3 Temporary facilities and services: None. 7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. 7.5 Public Entities Crimes By signing this Agreement, Contractor represents that the execution of this Agreement will not violate the Public Entities Crime Act(Section 287.133, Florida Statutes). Violations of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from County's competitive procurement activities. In addition to the foregoing, Contractor further represents that there has been no determination,based on an audit,that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a"public entity crime" and that it has not been formally charged with committing an act defined as a"public entity crime"regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. Contractor will promptly notify the County if it or any subcontractor is formally charged with an act defined as a"public entity crime" or has been placed on the convicted vendor list. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.01.7, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 7.6 The following items are part of this contract: a) Maintenance of Records: Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives, or the Federal Emergency Management Agency or its designee, 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 termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03; FS, running from the date the monies were paid to Contractor. b) 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 S/Y Ot2 STANDARDFORMOY,,ACi�NTBEFWI ENOWNI�,RANIJ[Ol`�3ItA+CTOR(9 2lali) Q 1500 f ...................................... Doctor's Arm Culvert Repair shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. This Agreement shall not be subject to arbitration. C) 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, d) 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 and court costs, as an award against the non-prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. e) Binding Effect: The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. f) Authority: Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. g) Claims for Federal or State Aid: Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. h) Nondiscrimination: County and Contractor 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. County or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title 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, 5/10/2012 S1'ANDARDFORMOFAGREHAENTBEMTENOWNERANDCON1'RACTOR(9_201 1) 00500-7 - -................... Doctor's Arm Culvert.Ret-air 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 52.7 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent 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 Mote), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article V1,which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of,this Agreement. i) 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. j) 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. k) No Solicitation/Payment: The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this 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. 1) 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. m) 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. n) Privileges and Immunities: All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules, pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of 5/10/2012 STANDARDFORMOFA+CR.FF CBDTWEEI` OWNERANDCON'IRACrOR(9 2011) (l 5(X1 8 ........ ..... Doctor's Arm Culvert.Repair 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. o) 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. p) 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. q) Attestations: Contractor agrees to execute such documents as the County may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug- free Workplace Statement. r) 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. s) 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. t) Section Headings: Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. u) Special Conditions, if any are detailed in Section 01000 of the Project.Manual for this Project. v) Hold Harmless and Indemnification: Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Contractor covenants and agrees that he shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) claims, actions or causes of action, (ii) litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any 5/10/2012 STANDARD FOR1vl OF AGREEAENT BETWEEN OWNED AND CONTIiAC OR(9 2011) 00500-9 ...... ... .. Doctor's Arm Culvert repair type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) costs or expenses that may be asserted against, initiated with respect to, or sustained by the County and the COUNTY's elected and appointed officers and employees from liabilities damages, losses and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor and persons employed or utilized by the indemnifying party in the performance of the construction contract. The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to F. S. 725.06. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the 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 the completion of the project(including the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. In the event the completion of the project(including the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to,reduced,or lessened by the insurance requirements contained elsewhere within this agreement. w) Adjudication of disputes or Disagreements: The Owner and Contractor agree that all disputes and disagreement shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at 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 may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of Paragraph X concerning cancellation. x) Cancellation: In the event that the Contractor shall be found to be negligent in any aspect of 'installation, stocking, maintenance, repair, or service, the County shall have the right to terminate this agreement after five days written notification to the Contractor. y) 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. 5/10/2012 STANDARDFORMO AGR1 F,lVllENTBLTWEENOWNERANDCONTRACTOR(9-2a11) 00 10 Doctor's Ann Culvert Repair 7.7 Ownership of the Project Documents: The documents prepared by the Contractor for this Project belong to the County and may be reproduced and copied without acknowledgement or permission of the Contractor. 7.8 Successors and Assigns: The Contractor shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 7.9 No third Party Beneficiaries: Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 7.10 Americans with Disabilities Act of 1990(ADA) - The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued. thereunder, and the assurance by the CONTRACTOR pursuant thereto. 7.11 Disadvantaged Business Enterprise(DBE)Policy and Obligation- It is the policy of the COUNTY that DBEs, as defined in 49 C.F.R. fart 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color,national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. ARTICLE 8 Termination or Suspension 9.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. Article 9 Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: See Article 1 511OV2012 STANDARD FORM OF AGREEMENT BETWEEN OWNERAND CONTRACI'OR(9 2011) 005W_11 Doctor's Arm Culvert Re air 9.1.1 The Agreement is this executed Standard Form of Agreement between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 9.13 The Supplementary and ether Conditions of the Contract are those contained in the Project Manual dated August 2012, and are as follows: As listed in Table of Contents, Section 00001 of the Project Manual for this project. 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: As listed in.Table of Contents, Section 00001 of the Project Manual for this project. 9.1.5 The Drawings are as follows, and are dated on each individual drawing unless a different date is shown below: Sheets 1 through 9 signed and sealed dated November 17,2011. 9.1.6 The Addenda, if any, are as follows: Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. 9.1.7 Other documents, if any, forming part of the contract Documents are as follows: Monroe County Bid Form.in Section 00110. See Article 1. 5/10/2012 STANDARDFORMO AGR EvtENl'B ONFR CONTRACTOR(9 2011) 005W12 ........................... ma's�1tm OulyEtt 1tEnsir IN WITNESS WHRMF the parties hereto have executed this Agreement on the day and date first written above in four(4)counterparts,each of which shall,without proof or accounting for the other couaterpart.%be deemed an original contract. (SEAL) BOARD OF COUNTY COMIGSSIONERS Attest: DANNY L.KOLHAGE,Clerk OF MONROE COUNTY,FLORIDA By: By Deputy Clerk Mayor Date (SEAL) CONTRACTOR Attest: By; Title: 1 /rfiffitlf END OF SEMON 00500 MONROE COUNTY ATTORNEY APPROVEDAS TO FOAM: CHI T! 'E t.t sERT- HRH® AssisTANT COUNTY Y ATTORNEY Date - S OW12 SfAtMAE DFORMOFAUREEM t MBET'GVffi4 ANDOGNIRAGTCJ 0 PIl) 005Ot-13 aco CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD to/15/Z012o12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAMEACT David M. Lopezz Eastern Insurance Group, Inc. PHONE (305)595-3323 FAX.No):(305)595-7135 9570 SW 107 Avenue E-MAIL DRESS:csr@easterninsurance.net Suite 104 INSURE S AFFORDING COVERAGE NAICu Miami FL 33176 INSURER AM-id-Continent Casualty Co an INSURED INSURER B.Praetorian Insurance Company C & W Pipeline, Inc. INSURERc North River Insurance Co. 18651 Marlin Road INSURER DBrid efield Employers Insurance INSURER E Cutler Bay FL 33157 INSURERF: COVERAGES CERTIFICATE NUMBER:Master 12-13 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN SR TYPE OF INSURANCE LSUOR POLICY NUMBER MMIUDCY EFF POLICY YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X MERCIAL GENERAL LIABILITY DAMA'E TO REN"fED PREMISES Ea occurtence 100,000 A CLAIMS-MADE �OCCUR X 04-GL-000842669 /22/2012 /22/2013 MED EXP(Any one person) $ Excluded PERSONAL&ADV INJURY $ 1,000,000 COM GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG S 2,000,000 X POLICY JECT 1-1 PRO LOC $ AUTOMOBILE LIABILITY EON11 tleDLSINGLE LIMIT S 1,000,000 ANY AUTO BODILY INJURY(Per person) $ B ALLOVMED X SCHEDULED X ICFL0002203 /1/2012 /1/2013 AUTOS AUTOS BODILY INJURY(Per accident) $ NON-OWNX HIRED AUTOS X AUTOS ED (P.,. d ,1)1AMAGE $ PIP-Basic $ 10,000 X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 3,000,000 C EXCESS IJAB HCLAIMS-MADE AGGREGATE $ 6,000,000 DED I I RETENTION$ 912-6976 9/28/2012 /28/2013 S D WORKERS COMPENSATION X WCI TATU- ITR- AND EMPLOYERS'LIABILITY Y f N ANY PROPRIETOR/PARTNER/EXECU NfE E.L EACH ACCIDENT $ 100,000 OFFICERIMEMBER EXCLUDED? NIA (Mandatory in NH) 830-47454 /22/2012 /22/2013 E.L.DISEASE-EA EMPLOYEE $ 100,000 If yes,descnbe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) The Monroe County Board of County Comm ssloners, Its employees and oEEicials are inlcuded as Additional Insured on app policies, except for Worker's Compensation. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County Board of ACCORDANCE WITH THE POLICY PROVISIONS. County Commissioners 2798 Overseas Hwy AImIORQED REPRESENTATIVE Marathon, ZM 33050 David Lopez/AhMMA __ ACORD 25(2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. IIdCA9+.iom nn.e n� -Irk—Af`n0r% -....4 1................:cE......i—6—-f Af•AO:1 Doctor's Arm Culvert Repair BID FORM BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS C/O PURCHASING DEPARTMENT 1100 SIMONTON STREET,ROOM 1-213 KEY WEST,FLORIDA 33040 BID FROM: C&W Pipeline,Inc. 18651 Marlin Rd Cutler Bay FL 33157 The undersigned,having carefully examined the Work and reference Drawings,Specifications,Proposal,and Addenda thereto and other Bid Documents for the construction of: Doctor's Arm Culvert Rellair Monroe County,Florida 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 has personally inspected the actual location of where the Work is to be performed,together with the local sources of supply and that he understands the conditions under which the Work is to be performed. The successful bidder 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 shall perform the work at the Unit Price Indicated on the following Bid Form. Further,it is understood that the Bid Form Quantities are estimated for evaluation purposes only and that the final contract price will be determined from the actual quantities measured for payment in accordance with the Contract Documents. ONE HUNDRED TWENTY FOUR THOUSAND THREE HUNDRED SEVENTY NINE Dollars. (Total Base Bid-words) $124,379.00 (Total Base Bid-numbers) 10/16/2012 igrra Date 5110l2012 BID PROPOSAL 00110-3 Doctor's Arm Culvert Repair I acknowledge receipt of Addenda No. (s) 2 I have included the Bid Proposal which entails the Proposal Form ',X, the Non-CollusionAffidavit ! ,the Lobbying and Conflict of Interest Clause �/ ,tl e Drug-Free Workplace Form '� ,the Bid Bond ,the Bidder's Insurance Statement , Local Preference Form ✓ Also include a copy of valid licenses Additional Information. (The above is intended as a courtesy review checklist of the required bid items. However,it does not imply that these are the only items needed. There may be additional requirements not listed here that are listed in other sections of the Project Manual. It is the Contactors responsibility to provide all required bid items.) Mailing Address: 18651 Marlin Road Cutler Bay FL 33157 Phone Number: 305-969-4655 Date: 1a /G /Z Signed: J CARLOMILTON AGUILERA (Name) PRESIDENT (Title) Witness: (Seal) 5/1012012 BID PROPOSAL 00110-4 F = Pr CD 0 0 0 0 0 0 0 O O o a o a a o 0 a o 0 0 o 0 0 0 o a 0 0 0 0 0 0 vi +n 'n "' O vi 1-1 O 0 0 0 0 0 V oD N 0 m N O O N O O n0 O M b9 69 bH 69 b9 64 5R 64 G4 E5 ff3 59 U4 69 F/-] 69 EA 61) 04 Oq tf3 T eui rti CD 0 g 0 o O O r- Wn O O O O O r- o o O O O O O O O O p � 0 0 0 p 0 00 O O o o 0 0 0 0 0 0 0 0 0 w) O O 00 _M 00 O ih v) h In V1 l� ul �O O O +n rP S l- N N Cf- N M m d- M d- In LT Vn M ct f113 64 69 I Ge I 69 69 I ER I 69 ff3 69 1 69 H3 69 I 69 69 69 £n 69 69 Ei3 O Ca A �o q g'x Q Q z Q z 2 w � 3 j � Cx�7 w (i � Ems-• r" j G] GI a A A Q w E0 Q 4' x x w w a O q Q o H � � Ex" � C3 � Oww � jw � � o � � Ww `r� � ra F z Z w Qrx, zu; H rno � 0 a> o w w Y v m v F p to m � •o W � _[ � � a � CO � � m d � � o o � � ca o � is to v CO W G � ❑ - � tC U m C 0 O C6 � ��, W �, •� -'�' Q °� `" O 'tit O O d U d ❑ '~ ti .� c6 a Ut'i O ci ci w wvc� wcnH wNv as a 2 w >1 Y z 7+ w > > vs rn w rn s -1 a s v � v E. v a v a 8 Ty V �� N � •_' � '" � v rn o � � � � v � ono an d v�i ti � faFO � o �' U n b U O b M. N -ItiL M 5/10/2012 BID PROPOSAL 00110-5 Doctor's Arm Culvert Repair NON-COLLUSION AFFIDAVIT I,CARLOMII•TON AGUILERA of the city of CAYM-e2 ep,y according to law on my oath,and under penalty of perjury,depose and say that, 1. I am �(ZGGi V:'0 0-r of the firm of G 4 u e -r , ,the bidder making the Proposal for the project described in the notice for' i C calling for bids for: Doctors Arm Culvert Repair Project Monroe County, Florida and that I executed the said proposal with full authority to do so; 2.) the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition,as to any matter relating to such process with any other bidder or with any competitor; 3.) unless otherwise required by law,the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder and will not be knowingly disclosed by the bidder prior to bid opening,directly or indirectly,to any other bidder or to any competitor;and 4.) no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit,or not to submit,a bid for the purpose of restricting competition; 5.) the statements contained in this affidavit are true and correct,and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. j6dif6cof Bidder) (Date) 7 STATE OF: Ll2,fir`) . COUNTY OF: r2a P _ PERSONALLY APPEARED BEFORE ME,the undersigned authority, (name of individual signing)who,after first being sworn by me,affixed his/her signature in tii6 space provided above on this_ l jd day of 12012. 64 NOTARY PUBLIC My commission expires: My GOhMt MION 0 DO 837567 :`..' tXj MES:November 12,2012 tbru Nelhry P*k UndenMters 5/10/2012 131D PROPOSAL 00110-6 Doctor's Arm Culvert Repair LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO, 010-1990 MONROE COUNTY,FLORIDA it C&W PIPELINE, INC. " (Company) warrants that it has not employed,retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No.010-1990 or any County officer or employee in violation of Section 3 of Ordinance No_010-1990. For breach or violation of this provision the County may, in its discretion,terminate this contract without liability and may also,in its discretion,deduct from the contract or purchase price,or otherwise recover,the full amount of any fee,commission,percentage, gift, or consideration paid to the former County officer or employee". (Date) STATE OF ,�� COUNTY OF PERSONALLY APPEARED BEFORE ME,the undersigned authority, r i fekza , who, after first being sworn by me, affixed his/her Signature _ in the space provided (N e of individual signing) Above on this 14, —day of 64�er , 20 4,4 . . N NOTARY PUBLIC My commission expires: s GWILEXGEM tssz MY GOMPt96K}tV 0DD OS7597 9 1levembar 12,2012 r {3fl�TZ Nm"PWft W mx�lters 5/10/2012 BID PROPOSAL 00110-7 Doctor's Arm Culvert Repair DRUG-FREE WORKPLACE FORM The undersigned Contractor in accordance with Fl. Statute 287.087 hereby certifies that: C&W PIPELINE, INC. (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 such employees about the dangers of drug abuse in the workplace,the business's policy of maintaining a drug-free workplace,any available drug counseling,rehabilitation,and employee assistance programs,and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(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 employees 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 a person authorized to sign the statement,I certify that this firm complies fully with the above requirements. Bi is Signature 10/16/2012 Date 5/10/2012 BID PROPOSAL 00110-8 Doctor's Arm Culvert Repair INSLTRANCEAGENT'S STATEMENT - � I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES L�ewo Lia bi!i#tit c -CAL- toga Liability policies are Occurrence ✓ Claims Made E"uster2 (nGyryrnce. GcpcA P Insurance Agency -r- Signature BIDDEWS STATEMENT 1 understand the insu_ranee that will be mandatory if awarded the contriia and will comply in Rill with all the requirements. Bidder Signa i i I 5/10/2012 SUPPLEMENTARY INSLIRANCE DOCUMENTS 00900-6 Doctor's Arm Culvert Rem LOCAL PREFERENCE FORM A.Vendors claiming a local preference according to Ordinance 023-2009 must complete this form. Name of Bidder/Responder 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 a physical business address located within Monroe County from which the vendor operates or performs business on a day to day basis that is a substantial component of the goods or services being offered to Monroe County? List Address: Telephone Number:_ B.Does the vendor/prime contractor intend to subcontract 50%or more of the goods,services or construction to local businesses meeting the criteria above as to licensing and location? If yes,please provide: 1.Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor 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: Tel.Number Print Name: Sim e and Title of Authorized Signatory for Bidder/Responder STATE OF COUNTY OF On this day of 20 before me, the undersigned notary public, personally appeared known to me to be the person whose name is subscribed above or who produced as identification, and acknowledged that he/she is the person who executed the above Local Preference Form for the purposes therein contained. Notary Public Print Name My commission expires: Seal END OF SECTION 00110 5/10/2012 BID PROPOSAL 00110-11 Doctor's Arm Culvert Repair not rely upon such interpretations and changes. Oral and other interpretations or clarifications will be without legal effect. ARTICLE V BIDDING PROCEDURE 5.1 FORM AND STYLE OF BIDS A. The Bid Proposal shall be submitted on the forms included in Section 00110 of these Bidding Documents with the exception of the Bid Bond, which may be submitted in alternate forms as described in Section 5.3-B of these Instructions to Bidders. Each of the forms in Section 00110 must be properly filled out, executed,and submitted as the Bid Proposal. 1. Bidders shall photocopy documents included in the Bid Package as being required for submission of Bids. 2. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity,may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,may not submit bids on leases of real property to public entity,may not be awarded or perform work as contractor,supplier,subcontractor,or consultant under a contract with any public entity,and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017,for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 3. All forms contained in Section.00110-Bid Proposal must be fully completed and submitted as part of the Bid Proposal. 4. The Bidder is required to submit a copy of the appropriate Contractor's license and proof that he is properly licensed to conduct business in Monroe County as part of the Bid Proposal. 5. A person or affiliate who has been debarred or suspended by the Federal government or is otherwise excluded or ineligible from participation in Federal assistance program under Executive Order 12549 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 be awarded or work as a contractor,supplier,subcontractor,or consultant under a contract with any public entity. B. All blanks on the Bid Form shall be filled in with ink or by typewriter. C. Where so indicated on the Bid Form, sums shall be expressed in both words and figures,and in case of discrepancy between the two,the amount written in words shall govern. D. All Bidders must submit copies of their Contractor's license with their Bid. E. In order to determine if persons submitting bids are responsible,all Bids must contain the following information: 1) A list of the person's or entities shareholders with five(5)percent or more of the stock or,if a general partnership,a list of the general partners;or,if a limited liability company,a list of its members; 7/,VNW) MOTRITOTMI1 Jg TC)TIMn-PRC nnl nn_z 2)A list of the officers and directors of the person or entity; Carlomilton Aguilera President Walter Rodriguez Vice President Fernando Arias Qualifying Agent 3)The number of years the person or entity has been operating and,if different,the number of years it has been providing the services,goods, or construction services called for in the Bid. 7 Years 4)The number of years the person or entity has operated under its present name and any prior names; 7 Years 5)Answers to the following questions regarding claims and suits: a.Has the person,principals, entity,or any entity previously owned, operated or directed by any of its officers,major shareholders or directors, ever failed to complete work or provide the goods for which it has contracted?If yes,provide details; NO b. Are there any judgments,claims,arbitration proceeding or suits pending or outstanding against the person,principal of the entity,or entity,or any entity previously owned,operated or directed by any of its officers, directors,or general partners?If yes,provide details; NO c.Has the person,principal of the entity,entity,or any entity previously owned, operated or directed by any of its officers,major shareholders or directors,within the last five years, been a party to any lawsuit,arbitration,or mediation with regard to a contract for services,goods or construction services similar to those requested in the specifications with private or public entities?If yes,provide details; NO d. Has the person,principal of the entity, or any entity previously owned, operated or directed by any of its officers,owners,partners, major shareholders or directors,ever initiated litigation against the county or been sued by the county in connection with a contract to provide services, goods or construction services?If yes, provide details; NO e. Whether,within the last five years,the owner,an officer, general partner, principal,controlling shareholder or major creditor of the person or entity was an officer,director, general partner,principal, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for competitive solicitation; NO 6.Customer references; SEE ATTACHED 7. Credit references; SEE ATTACHED 8.List Subcontractors, and SEE ATTACHED 9.A printout from the"Detail by Entity Name"screen from the bidder's listing in � � f.stabiz.oVq and a most recent copy of the bidder's annual report. SEE ATTACHED 10.A copy of the Contractor's Annual Report that is submitted to the Florida Secretary of State. SEE ATTACHED Doctor's Arm Culvert Repair 5.2 ADDENDA A. Each Bidder shall ascertain prior to submitting his Bid that he has received all Addenda issued,and he shall acknowledge their receipt in his Bid. B. No Addenda will be issued later than seven(7)calendar days prior to the date for receipt of Bids except for an Addendum withdrawing the request for Bids or one which includes postponement of the date for receipt of Bids. C. Copies of Addenda will be made available for inspection wherever Bidding Documents are on file for that purpose. 5.3 BID SEC TY A. Any Bid in excess of Two Hundred Thousand dollars ($200,000) shall be accompanied by a Bid Security made payable to Monroe County, in the amount of five percent of the Bidder's maximum Bid price. No Bid Security is required on Bids of Two Hundred Thousand dollars($200, )or less. B. Each Bid shall be accompanied by a Bid Security made payable to Monroe County, in the amount of five (5) percent of the Bidder's maximum Bid price. The Bid Security shall be in the form of a certified check; cashiers check or a Bid Bond issued by a surety meeting the requirements of the form in Section 00110. If a Bid Bond is submitted as Bid Security, the attorney-in-fact who executes the bond on behalf of the surety shall affix to the Bond a certified and current copy of his power of attorney. C. The bid surety constitutes a pledge by the Bidder that he will enter into a Contract with the Owner on the terms stated in his Bid and will furnish the required Public Construction Bond, as described in the General and Supplementary Conditions of this contract. The Bid Security of the successful Bidder will be retained until such Bidder has entered into a Contract with the Owner and furnished the required Public Construction Bond,whereupon it will be returned. If the successful Bidder fails to execute and deliver the Contract and furnish the required Bond, the Owner may annul the Notice of Award and the amount of the bid security of that Bidder shall be forfeited to the Owner not as a penalty, but as liquidated damages A Public Construction Bond is not required on construction contracts of Two Hundred Thousand Dollars( ,€3 )or less. D. The bid security of any Bidder whom the Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until either (a) the Contract has been executed and the required Bond has been furnished,or(b)the ninety-first(91st) day after the Bid opening,or (c) all Bids have been rejected. The bid security of the other Bidders will be returned within fourteen(14)days of the Bid opening. 5.4 SCHEDULING,MANPOWER REQUIREMENTS,PERMITS AND LICENSES A. The overall schedule for construction is shown in the Bidding Documents"Milestone Schedule." B. The Contractor will be required to provide adequate manpower and equipment in order to meet the requirements of the Schedule. C. All required permits have been filed by Monroe County and will be made available to the awarded Contractor for signature. All permit fees will be waived. 7/5/2012 INSTRUCTIONS TO BIDDERS 00100-5 tl m'aNnm 4 niw 18651 Ste/ 107 Ave Miami FL 33157 cwpipetine@hotrnaii.com Completed Owner: City of Marathon CGC: Globetec Construction Project Name: Sombrero Beach Road Wastewater Project Sombrero Beach Road,Marathon,FL Work Performed installation of 4"to 10"SDR21 PVC Vacuum Sewer,4"to 10"Plug Valves, 6"SDR 26 PVC force Main,6"Plug Valve,4"to 6" PVC Reuse Main and plug valves,Vacuum Service Pits,single Buffer Tanks,3"Vacuum Service connections,6"Single gravity service with clean-outs,18"HDPE Solid pipe, Tees,Caps,18"HDPE Perforated end caps and pavement restoration. Job Duration: 18 Months Contract Tota I...... $1,816,130. 06/01/2006-12/2007 Contact Person: Jorge fonte - 954 214-7619 Owner: Key Largo Wastewater Treatment District CGC: Globetec Construction Project Name: Vacuum Collection System Basin A,Phase Ill Sexton Cove Drive,Key Largo,FL Work Performed installation of 4"to 8"Vacuum Sewer,4"to 8"Division Valves,Bleed Valves assembly,Vacuum Pits @ V and 6'depth, Dedicated air systems/Vertical and Horizontal,Clean-outs,Laterals,Erosion control,pavement and Driveway restoration. Contract Job Duration: 18 Months Total....... $1,777,015. 08/2S/2007 1/8/2009 Contact Person: Jorge Fonte - 954 214-7619 Owner: Key Largo Wastewater Treatment District CGC: Metro Equipment Servicemen. Project Name: Vacuum Collection System Basin C,Phase IV Work Performed Installation of Vacuum Main from 3"to 10"PVC Pipe,8"PVC Gravity Sewer, Division Valves from 4"to 10",Vacuum Collection Pits @ 5,6'.5"and 7'.5" depth,Single and Double Buffer Tanks,Sanitary Manholes @ 10'/12'depth, Vacuum Sewer dedicated Air Intakes Vertical and Horizontal,connections,clean- outs,Laterals,restorations including milling and asphalt overlay. .lob Duration: 12 Months Contract Total....... $3,196,015. 09/09/2009-08/27/2010 Contact Person: Jorge Valdez-Project Supervisor 305 742-3399 Owner: Key Largo Wastewater Treatment District CGC: Metro Equipment Service Project Dame: Vacuum Collection System Basin C,Phase If Work Performed Installation of Vacuum Main 4"to 10"PVC Pipe,division valves,Vacuum Collection Pits from 5 feet to 7.5 feet depth,connection to pits,air intakes, Clean-outs,Laterals,brick pavers and concrete driveway restoration,and Pavement restoration. Job Duration: 6 Months Contract Total........ $608,426. 03/09/2009-09/30/2009 Contact Jorge Valdez-Project Supervisor 305 742- Person: 8399 Owner: Key Largo Wastewater Treatment District CGC: Metro Equipment Service,Inc. Project Name: Vacuum Collection System Basin B,Phase V Work Performed Installation of Vacuum Main 4"to 10"PVC Pipe,division valves,Vacuum Collection Pits from 5 feet to 7.5 feet depth,connection to pits,air intakes, Clean-outs,Laterals,brick pavers and concrete driveway restoration,and Pavement restoration. Job Duration: 4 Months Contract Total....... $964,585. 05/05-2009-09/30/2009 Contact Jorge Valdez-Project Supervisor 305 742- Person: 8399 Owner: Miami-Dade County CGC: JVA Engineering Contractor,Inc. Project Name: SR 8/26/836 Interchange 36"FM Relocation-Contract P0061 Work Performed Relocation of a 36"D.I.P Force Main Across SR836 on NW 82 Avenue 2 relocations on the north side and south side to accommodate the SR836 Bypass.. System was back in operation before schedule deadline. Job Duration: 6 weeks Contract Total: $228,582.84 11/15/2010-01/15/2011 Contact Person: Julio A.Mena-Miami-Dade Water&Sewer-Supervisor Office: 305 375-337 Cell: 786 229-790 Owner: Nelson Graveran CGC: C&W Pipeline,Inc. Project Name: Jeannie Commercial-W 34th Ave&W 80th St. Work Performed Installation of 2,290'of 12"and 16"D.I.P,fire hydrants,meter boxes,etc Sewer: Aprox,985If of C-900 pipe,and all related items required to complete job. Job Duration: Aprox 6 months 2007 Contact Person: Steven Fazekas - City of Hialeah Dept.of Water&Sewer Tel.305 556-3800 AC" CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) L...-� 10/15/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME CT David M. Lopezz Eastern Insurance Group, Inc. PHONE FA(305)595-3323 X o:(305)545-7135 9570 SW 107 Avenue E-MAIL .csr@easterninsurance.net Suite 104 INSURE S AFFORDING COVERAGE NAIC# Miami FL 33176 INSURER AMid-Continent Casualty Company INSURED iNSURERB:Praetorian Insurance Company C & W Pipeline, Inc. INSURERC:NOrth River Insurance Co. 18651 Marlin Road INSURER D.-Brid efield Employers Insuranc INSURER E: Cutler Bay FL 33157 ENSURER F: COVERAGES CERTIFICATE NUMBERMaster 12-13 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NSR ADDLTYPE OF INSURANCE wqR wvn POLICY NUMBER POLICYI EFF MMIODI EXP LIMA LTR GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE X COMMERCIAL GENERAL LIABILITY PREMIS ES Ea occu ren_a $ 100,000 A CLAIMS-MADE lil OCCUR X 4-GL-000842669 /22/2012 /22/2013 MED EXP(Any one person) $ Excluded PERSONAL&ADV INJURY S 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGG S 2,000,000 X POLICY I PRO- LOC $ AUTOMOBILE LIABILITY EDaccdeD SINGLE LIMIT S 1,000,000 ANY AUTO BODILY INJURY(Per person) S B ALLOWNED X SCHEDULED X ICFL0002203 /1/2012 /1/2013 BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTYtlenfDAMAGE $ AUTOS Per acc PIP-Basic $ 10,000 X UMBRELLA LJAB OCCUR EACH OCCURRENCE $ 3,000,000 C EXCESS LIAB CLAIMS MADE AGGREGATE $ 6,000,000 DED I I RETENTION$ 0912-6976 9/28/2012 /28/2013 S D WORKERS COMPENSATION X WCYTATIU- OTH- I ER AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNERIEXECUTNE Y 1 N E.L.EACH ACCIDENT $ 100,000 OFFICERIMEMBEREXCLUDED? NIA B30_47454 /22/2012 /22/2013 (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ 100 000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 500,00 DESCRIPTION OF OPERATIONS I LOCATIONS[VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space Is required) The Monroe County Board of County Commissioners, its employees and officials are inlcuded as Additional Insured on app policies, except for Workers Compensation. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County Board Of ACCORDANCE WITH THE POLICY PROVISIONS. County Commissioners 2798 Overseas Hwy AUTHORIZED REPRESENTATIVE Marathon, FL 33050 David Lopez/AMANDA ACORD 25(2010105) Q 1900-2010 ACORD CORPORATION. All rights reserved. a _..�� w,,..a m^ Bi•i��,' �� ,%� 'A ww. ._.a,,. .. � ., -a ,r .a„ .I �APo� saie U a 18651 SW 107 Ave Miami FL 33157 cwpipeline@hotmail.com Customer References Miami Dade Water & Sewer Authority Mr. Mario Garcia Sewer Plant Division 305-295- 103 Miami Dade Water & Sewer Authority Mr. Julio Mena Contracts Division 786-22 -179 City of Ft' Lauderdale r. Kenneth Smith Public Works Dept 54-67- 08 Key Largo Wastewater Treatment District r. Mike Dempsey Contracts Division 305-522-6771 Key Largo Wastewater Treatment District r. Richard Crow Construction Manager Village of Pinecrest r. Dah Moretti Public Works Director -69-6916 Y 4 ii 18651 Sir' 107 Akre Miami FL 33157 cwpipeline@hotmaii.com aii.com Credit References Ferguson Waterworks Inc 1010 SW 184t" Street Miami FL 33157 786-57 -7140 Community Asphalt 1005 NW 16t" Street Miami FL 3301 35-829-0700 Universal Concrete Corp. 11790 NW So. River Drive Medley FL 33178 305-888- 104 Barricades Inc 7904 NW 67t" Street Miami FL 3166 305-5 -7961 Precast Manufacturing Inc. 1102 NW So. River Drive Medley FL 318 $05-885-2534 18651 SW 107 Ave Miami FL 33157 cwpipetine@hotmaii.com Subcontractors Redondo & Associates (Surveying) 13800 SW 145'h Court Miami FL 3316 305-37 -4443 Community Asphalt (Paving) 4005 NW 18611h Street Miami FL 33018 305-829-0700 A Engineering Inc (Milling & Concrete) 600 NW 32°d Avenue Miami Fl. 3317 05- 96- 02 Barricades Inc (MOT) 04 NW 671h Street Miami FL 33166 5- 2-7961 Abba Signs Inc ( PavementMarkings) 10710 SW 1881hStreet Miami Fl. 33157 1 www.sunbiz.org-Department of State Page 1 of 2 �^� 111� � r �"' )III �� y F �� i w ������; �M� r�/�f✓���� ��✓ ° Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next on I turn I o List��� Entity Name Search Events No Name History Submit I Detail Florida Profit Corporation C&W PIPELINE, INC. Filing Information Document Number P05000133281 FEI/EIN Number 320162131 Date Filed 09/28/2005 State FL Status ACTIVE n Last Event AMENDMENT Event Date Filed 01/28/2008 Event Effective Date NONE Principal Address 15621 SW 209 AVE. MIAMI FL 33187 Mailing dress 18651 MARLIN ROAD CUTLER BAY FL 33157 Changed 02/27/2012 Registered en a & Address AGUILERA, CARLOMILTON 15621 SW 209 AVE. MIAMI FL 33187 US Officer/Di t toC Detail Name&Address Title P AGUILERA, CARLOMILTON 15621 SW 209 AVE. MIAMI FL 33187 Title VP RODRIGUEZ,WALTER E 15621 SW 209 AVE. j MIAMI FL 33187 Annual Rqpqrts Report Year Filed Date 2010 03/2312010 http://www.sunbiz.org/scripts/ rdet.exe?action7—DEVIL&in(L_doe number=PO5000133__- 10/17/2012 www.sunbiz.org-Department of State Page 2 of 2 2011 02/22/2011 2012 02/27/2012 Document images 02127120.12--ANI',IU ,L REPORT `�- -View image in PDF formate 02/22/201`i - ANNUAL REPORT ` View image in PDF format 03123/2010—ANNUAL REPORT +___ View image in PDF format 0.3i24/2000—AitlNUAL REPORT i yView image in PDF format 05101/2008--ANNUAL RE--PORT `� -View image in PDF format 01128/2008--Amendment �View image in PDF format t�2121/2007—ANJNUAL REPORT View image in PDF format r 12/20/200 .--01i'VDir Resignation I View image in PDF format 'l r02/212006--ANNUAL REPORT View image in PDF format 09/2812005--Domestic Profit View image in PDF format Note:This is not official record.See documents if question or conflict- Previous on List Nlext on List Rr'�etuIn To L ist _ Entity Name Search -vents No Name History j Submit I Home I Contact us I Document Searches I E-Fflinq Services ( Forms I Help Copyright©and Privacy Policies State of Florida, Department of State http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inq_doe_liumber=PO50001"13... 10/17/2012 2012fOR PROFIT CORPORATION ANNUAL REPORT FILED Feb 27, 2012 DOCUMENT# P05000133281 Secretary of State Entity Name: C&W PIPELINE, INC. Current Principal Place of Business: New Principal Place of Business: 15621 SW 209 AVE. MIAMI, FL 33187 Current Mailing Address: New Mailing Address: 15621 SW 209 AVE. 18651 MARLIN ROAD MIAMI, FL 33187 CUTLER BAY, FL 33157 FEI Number:32-0162131 FEI Number Applied For O FEI Number Not Applicable( ) Certificate of Status Desired(X) Name and Address of Current Registered Agent: Name and Address of New Registered Agent: AGUILERA,CARLOMILTON 15621 SW 209 AVE. MIAMI, FL 33187 US The above named entity submits this statementforthe purpose of changing its registered office or registered agent,or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date OFFICERS AND DIRECTORS: Title: P Name: AGUILERA,CARLOMILTON Address: 15621 SW 209 AVE_ City-St-Zip: MIAMI,FL 33187 Title: VP Name: RODRIGUEZ,WALTER E Address: 15621 SW 209 AVE. City-st-Zip: MIAMI,FL 33187 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath;that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes;and that my name appears above,or on an attachment with all other like empowered. SIGNATURE: CARLOMILTON AGUILERA P 02/27/2012 Electronic Signature of Signing Officer or Director Date tft ui z w a CD u 'UJ t. a XJ z � ¢ m N F ¢ � O' a LLI h Ln U) O J w co ¢ t O LL Z Z .J Z x u o DLQaZ ZOto O� LA �" aDZ � O L = 00 Z _ tD; cn h p 6 o J I— � C7 � Q ui 6 5 rn�¢ U a Z F' _ _ - a L u I-� a v �� 0u= " O, o v ce rn U) N b o w v L — ro CL M al7' W o WM M a uNiEn ¢o a ~J j C c c � Uu• M W v u, cn'm wLLI a rl CQ w :3 > > y C o U (A Z EY ig coca m w o p G1 N N o a m p LU CD ¢ E �IL LLIi N W O c y- U) v; } V yap N N UJ a o N cLq ® o uj ® mo w°IU U)�' c m �� uj W z z rn M to � p C" M uj O N = Lld ry a ��LL m O. ® 3 ONE o v a M fL w 06 w l0_Q L L O rd U U Ui w O W _ y p R ai y = m O �" X w Z Z E'O C o r LU FD o En Z �, a 1 ¢ N w a y rn C O O W wQ C 0 N ® on CD Q Q ® �} e--' X 0 m •r ;� ri1 ~ k- to w a- *-f cq a � 0 .. '3 to cq Clq p{ OH 7 02W YL EQ -- Pa LO LC t,4 : .IA o ❑ ®H :- o a w xCq w �' :... v UU f t _ t _H.o HO E► o to t-i-0 (tf: Nt4rn �-.� �-fit$ o ca W A) -a 04 AY TO p t® , ® E Z.- l I%AIAMI-€3ADE COUNT`:_ 2011 LOCAL BUSINESS TAX RECEIPT 202 FIRST-CLASS TAX COLLECTOR MIAMI-DADE COUNTY-STATE OF FLORIDA U.S.POSTAGE 140 W.FLAGLER ST, . EXPIRES SEPT.30,2012 PAID #sf FLOOR MUST BE DISPLAYED AT PLACE OF BUSINESS MIAMi,FL FL 33 i30 PURSUAW T TO COUNTY CODE CHAPTER BA-ART.9 i 10 PERMIT NO.231 i HIS SS ii.::,i SILL^ i1 G:ii i:�:• - - 648549-4 RENEWAL BUSINESS NAME/LOCATION RECEIPT NO. 675525-1 C & W PIPELINE INC STATE# CUC057216 18651 SW ID7 AVE 33157 UNIN DADE COUNTY OWNER C & W PIPELINE INC See.Type of Business - WORKER/S THrs Is o1,76A iSol'cA�CIALTY ENGINEERING CONTRACT I BUSINESS TAX RECEIPT.IT - DOES NOT P010T THE HOLDER TO VIOLATE ANY - o�cGREGULATORY OTHE DO NOT FORWARD COUNTY OR CEDES. NOR DOES IT EXEMPT THE HOLDER FROM ANY OTHER ' PERMIT OR LICENSE is NOT RR C�ERriRCATION�Or C & W PIPELINE INC- 7�F�C TFTE HOLDERS OUAIJKCA- CARLOMILTON AGUILERA PRES iTDNS. 18651 SW 107 AVE PAWARIT RECEIVED MIAMI FL 33I57 UILU l-DADE COUNTY TAX COLLECTOR: 10l2412U11 09010064001 000082.50 ITflI}1T}lFii3ill}t}Ei3F�}�1{}=ii}i'si33i1{}I}{y{f'a{FijiT7I1 t SEE OTHER SIDE __. ---------------------.-----�_-----._------