Item F3 F.3
County of Monroe P W
;� w 1rJ� BOARD OF COUNTY COMMISSIONERS
r,�� Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5
y Michelle Lincoln,District 2
James K.Scholl,District 3
Ij David Rice,District 4
County Commission Meeting
February 15, 2023
Agenda Item Number: F.3
Agenda Item Summary #11669
BULK ITEM: Yes DEPARTMENT: County Land Acquisition and Land
Management
TIME APPROXIMATE: STAFF CONTACT: Beth Bergh (305) 289-2511
NA
AGENDA ITEM WORDING: Approval to Advertise a Request for Bids for the Installation of
Two Fences on County Conservation Lands in Key Largo on the Bayside near MM94 south of
Sunset Gardens Drive and near MM96 on the Bayside
ITEM BACKGROUND: The purpose of the Request for Bids (RFB) is to hire a contractor to
install boundary fences on two Monroe County Conservation Lands in Key Largo. The proposed
fences will protect native habitat. Once approved, the RFB will be advertised for a minimum of 30
days. After bids have been submitted and reviewed by the County, staff will bring a contract with
the lowest qualified bidder to the BOCC for their review/ approval. The two sites are:
Site A:
MM 94, Bayside, south of Sunset Gardens Drive
Fence to be installed along perimeter indicated by blue line in photos below; approximately 1,786
linear feet. Gate to be installed along eastern line (adjacent to US Hwy 1). Property line location will
be marked by surveyor (at approximately 50 ft intervals)prior to fence installation.
r�, r 838.5 LF
75 LF 1q0 LF
772LF
Packet Pg. 1587
F.3
SITE B:
MM 96, Bayside
Fence to be installed along property line adjacent to US HWY 1, as indicated by blue line in photo
below; approximately 440 linear feet and must include a gate.
440
1j�1� 9��/✓ti f��/ ��,
PREVIOUS RELEVANT BOCC ACTION:
None
CONTRACT/AGREEMENT CHANGES:
None
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
RFB for Fence- Key Largo-1-23-23
FINANCIAL IMPACT:
Effective Date: February 15, 2023
Expiration Date:
Total Dollar Value of Contract: N/A
Total Cost to County: Advertising costs
Current Year Portion: 100%
Budgeted:
Source of Funds: Fund 160 (Monroe Co Environmental Land Management& Restoration)
CPI:
Packet Pg. 1588
F.3
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details: This agenda item is solely for approval to advertise an RFB which will
incur minimal costs for advertising.
N/A
REVIEWED BY:
Christine Hurley Completed 01/26/2023 3:52 PM
Christine Limbert Completed 01/27/2023 10:40 AM
Purchasing Completed 01/27/2023 11:24 AM
Budget and Finance Completed 01/27/2023 11:25 AM
Risk Management Completed 01/27/2023 11:36 AM
Lindsey Ballard Completed 01/27/2023 11:57 AM
Board of County Commissioners Pending 02/15/2023 9:00 AM
Packet Pg. 1589
F.3.a
REQUESTS FOR BIDS
FENCE INSTALLATION ON TWO COUNTY
CONSERVATION LANDS ON KEY LARGO
U)
0
MONROE COUNTY, FLORIDA
0
u
0
0
0
U)
Q
a
881
BOARD OF COUNTY COMMISSIONERS
Mayor Craig Cates, District 1
Mayor Pro Tem, Holly Merrill Raschein, District 5
Commissioner Michelle Lincoln, District 2
Commissioner James K. Scholl, District 3
Commissioner David Rice, District 4 M
cN
M
C�
COUNTY ADMINISTRATOR
ROMAN GASTESI
CLERK OF THE CIRCUIT COURT MONROE COUNTY
COMPREHENSIVE PLAN LAND u
AUTHOIRITY—EX DIRECTOR L-
0
KEVIN MADOK CHRISTINE HURLEY
FEBRUARY 2023
Packet Pg. 1590
F.3.a
TABLE OF CONTENTS
PAGE
NOTICE OF CALLING FOR BID 1
c�
SECTION ONE
INSTRUCTIONS TO BIDDERS 2 u
C
0
SECTION TWO
DRAFT AGREEMENT 11
a�
SECTION THREE 0
BID DOCUMENTS 28
FORMS 30
U)
A
0
0
cn
cN
cn
c�
0
c�
I-
0
u
Packet Pg. 1591
F.3.a
NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS
NOTICE IS HEREBY GIVEN that on DAY, (INSERT DATE), at 3:00 P.M., the
Monroe County Purchasing Office will receive and open sealed responses for the following:
FENCE INSTALLATION ON TWO COUNTY CONSERVATION LANDS
ON KEY LARGO, MONROE COUNTY,FLORIDA
Pursuant to F.S. 50.0211(3)(a), all published competitive solicitation notices can be viewed at:
�v�v�v,,� cr;i ; P��i lictiouce-coni, a searchable Statewide repository for all published legal notices. U)
Requirements for submission and the selection criteria may be requested from DemandStar at U
www.deniaridstar.coni OR www.Ilmrmmlm rlecrmummtybmds co m. The Public Record is available
upon request. 0
U
Monroe County Purchasing Department receives bids electronically. Please do not mail 0
or attempt to deliver in person any sealed bids. Mailed/physically delivered
bids/proposals/responses WILL NOT be accepted.
0
The Monroe County Purchasing Department hereby directs that bids be submitted via U)
email to: 1M111::1 IIIIIICIII: OII�mrlmlm~rleerlumLty,;;;�"„ raw, no later than 3:OOP.M., on INSERT DATE.
Please submit your confidential financial information in a SEPARATE EMAIL from your
12
bid and required documents. Your subject line on both emails must read as follows: U)
a�
FENCE INSTALLATION ON TWO COUNTY CONSERVATION LANDS
ON KEY LARGO INSERT DATE
a�
A
Files that do not contain this subject line WILL BE REJECTED. Please note that the
maximum file size that will be accepted by email is 25MB. Please plan accordingly to
ensure that your bid is not rejected due to the file size. Should your bid documents exceed 0
25MB, in advance of the bid opening, please email: o III 1� 11;� �u;�a; mrig �1m,r�ml�,r�, er�umm
l.gr2�w„,The bid opening for this solicitation will be held virtually, via the Internet, at 3:00 0-
P.M., on INSERT DATE. You may call in by phone or internet using the following: CL
d
Join Zoom Meeting M
IttII1, .://I.]Ic I;;..occ zo t.1;1...u.L„LA.52,2L61,,, 6
Meeting ID: 4509326156
One tap mobile:
+16465189805„4509326156 (New York) CU
+16699006833„4509326156 (San Jose)
Dial by your location:
+1 646 518 9805 (New York)
+1 669 900 6833 (San Jose)
U-
0
Publication dates: 00
LL
Citizen: Saturday, INSERT PUB. DATE W
Keys Weekly: Thursday, INSERT PUB DATE
News Barometer: Friday, INSERT PUB DATE E
E
c�
1
Packet Pg. 1592
F.3.a
SECTION ONE
INSTRUCTIONS TO BIDDERS
1. DESCRIPTION 7
The Contractor shall furnish all labor, materials, equipment, tools, transportation, services, and
incidentals, and perform all the work necessary in accordance with the specifications entitled:
FENCE INSTALLATION ON TWO COUNTY CONSERVATION LANDS
ON KEY LARGO, MONROE COUNTY, FLORIDA U)
0
c�
2. SPECIFICATIONS
The project is the installation of perimeter chain link fence on two County conservation
properties. Site A is RE 4 00089100-000200 located at MM 94, Bayside. Site B is RE 4 U
00088270-0000000 located at MM 96, Bayside. Please see Exhibit A for more information and 0
location maps.
The fence must meet the following specifications:
• All fence material (including poles and fabric) must be 6 ft tall vinyl coated galvanized U)
chain link;
• Color must be dark green or black (uniformly one color), wire must be 6 gauge;
42
• Pipe must be Schedule 40;
• Must include a top rail;
• Minimum post/rail sizes: End posts 2 '/2"diameter; line posts 2" diameter; top rail 1 5i8" 0-
diameter;
• Post spacing is 10 ft on center maximum;
• Posts must be set into the ground with concrete foundation with minimum dimensions of >
8"diameter and 24" depth. Posts must be embedded to within 6" from the bottom of the
foundation;
0
• Must include tension bands: use one less than the height of the fence in feet, evenly
spaced;
• Must include fabric ties that are at minimum the same gauge as the fabric;
• Fabric tie spacing on the top rail must be 5 ties between posts, evenly spaced;
• Fabric tie spacing on the line posts must be 5 ties, evenly spaced;
• Installation must include two gates (walk thru width) of same fencing specifications
installed along the fence line adjacent to US Hwy 1. One gate installed at each site;
• The fence may meander slightly to avoid removal of large trees; CU
• Site A —perimeter fence total length is approximately 1,786 linear ft.; and
• Site B —fence total length is approximately 440 linear ft.
c�
Additional general project requirements include:
0
• These are conservation properties, therefore, clearing should be limited to the minimal
amount necessary to install the fence. W
• All construction debris must be removed and properly disposed of by the
CONTRACTOR.
• CONTRACTOR responsible for obtaining all necessary permits including payment of
any permit fees.
• CONTRACTOR must be insured and licensed to do work in Monroe County.
2
Packet Pg. 1593
F.3.a
• Work must be completed within 90 days of execution of the CONTRACT or issuance of
County permits (whichever occurs later).
3. COPIES OF REQUEST FOR BID (RFB) DOCUMENTS
A. Only complete sets of RFB Documents will be issued and shall be used in
preparing the proposal. The County does not assume any responsibility for errors or
misinterpretations resulting from the use of incomplete sets.
B. Complete sets of RFB Documents may be obtained in the manner and at the
location stated in the Notice of Requesting for Proposals. C
0
c�
4. RFB REQUIREMENTS (MUST BE SUBMITTED WITH BID)
A. Each bid must contain evidence of the respondent's qualifications to do business 0
in the area where the project is located. U
B. To demonstrate qualifications to perform the work, each respondent shall submit 0
U)
written evidence as to previous successful contractual and technical experience in similar work
(including work in conservation areas or areas protected by conservation easements) including ,
references, description, volume of present commitments, evidence of possession of valid state, 0
county, and local licenses covering all operations and all areas of political jurisdiction involved
in the work of this project and such other data as may be requested by the County.
C. Provide evidence such as an insurance Agents Statement that the required
insurance limits are met or are able to be obtained. U)
D. The Non-Collusion Affidavit, Lobbying and Conflict of Interest Clause Form,
Cr
Drug Free Workplace Form, Public Entity Crime Statement, Vendor Certification Regarding 0-
Scrutinized Companies and the Respondent's Insurance and Indemnification Statement must be
submitted with bid.
5. DISQUALIFICATION OF BIDDER
A. NON-COLLUSION AFFIDAVIT: Any person submitting a bid in response to
this invitation must execute the enclosed NON-COLLUSION AFFIDAVIT. If it is discovered
that collusion exists among the Respondents, the bids of all participants in such collusion shall be
rejected, and no participants in such collusion will be considered in future proposals for the same
work.
B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a proposal
or bid on a contract to provide any goods or services to a public entity, may not submit a 0
proposal or bid on a contract with a public entity for the construction or repair of a public
CU
building or public work, may not submit proposals on leases 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. Category Two: $35,000.00 U_
C. DRUG-FREE WORKPLACE FORM: Any person submitting a bid or proposal 0
in response to this invitation must execute the enclosed DRUG-FREE WORKLACE FORM and U_
submit it with his proposal. Failure to complete this form in every detail and submit it with the W
bid or proposal may result in immediate disqualification of the bid or proposal.
D. LOBBYING AND CONFLICT OF INTEREST CLAUSE: Any person E
submitting a bid or proposal in response to this invitation must execute the enclosed LOBBYING
AND CONFLICT OF INTEREST CLAUSE and submit it with his bid or proposal. Failure to
3
Packet Pg. 1594
F.3.a
complete this form in every detail and submit it with the bid or proposal may result in immediate
disqualification of the bid or proposal.
E. SCRUTINIZED COMPANIES: For Contracts of any amount, if the County
determines that the Bidder has submitted a false certification under Section 287.135(5), Florida
Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged
in a boycott of Israel, the County shall have the option of(1) terminating the Agreement after it
has given the Bidder written notice and an opportunity to demonstrate the agency's
determination of false certification was in error pursuant to Section 287.135(5)(a), Florida U)
Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida
Statutes, are met.
For Contracts of$1,000,000 or more, if the County determines that the Bidder submitted a false 0
certification under Section 287.135(5), Florida Statutes, or if the Bidder has been placed on the a
Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with U)
Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in
Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has
given the Bidder written notice and an opportunity to demonstrate the agency's determination of U)
false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2)
maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 42
U)
6. EXAMINATION OF RFB and BID DOCUMENTS
A. Each Bidder/Respondent shall carefully examine the RFB and other contract
documents and inform himself thoroughly regarding any and all conditions and requirements that
may in any manner affect cost, progress, or performance of the work to be performed under the
contract. Ignorance on the part of the Bidder/Respondent will in no way relieve him of the >
obligations and responsibilities assumed under the contract.
B. Should a Bidder/Respondent find discrepancies or ambiguities in, or omissions
from, the specifications, or should he be in doubt as to their meaning, he shall at once notify the 0
County.
7. INTERPRETATIONS, CLARIFICATIONS,AND ADDENDA
No oral interpretations will be made to any Bidder/Respondent as to the meaning of the M
contract documents. Any inquiry or request for interpretation received seven (7) or more days
(excluding Saturdays, Sundays, and holidays) prior to the date fixed for opening of responses
will be given consideration. Please address any questions to Beth Bergh via email: 113e g:::. U
]I1ct ��,niotiro cc�a���t:������f1. �(Yv. A summary of questions received and answers provided will be
made in writing in the form of an addendum and, if issued, shall be posted on DemandStar and a
notification will be furnished by DemandStar to all known prospective Respondents listed as
planholders prior to the established Response opening date. It shall be the Respondents sole
responsibility thereafter to download the addendum. Each respondent shall acknowledge receipt L-
of such addenda in the space provided therefore in the proposal form. In case any respondent M
fails to acknowledge receipt of such addenda or addendum, his proposal will nevertheless be W
construed as though it had been received and acknowledged and the submission of his/her
proposal will constitute acknowledgment of the receipt of same. All addenda are a part of the
bid documents and each respondent will be bound by such addenda, whether or not received by
him/her. It is the responsibility of each respondent to verify that he/she has received all addenda
issued before proposals are opened. Any bidder wishing a walkthrough of the property should
contact Beth Bergh at 305.304.4442 to schedule an appointment.
4
Packet Pg. 1595
F.3.a
8. GOVERNING LAWS AND REGULATIONS
A. The Bidder/Respondent is required to be familiar with and shall be responsible for
complying with all federal, state, and local laws, ordinances, rules, and regulations that in any
manner affect the work. Knowledge of occupational license requirements and obtaining such
licenses for Monroe County and municipalities within Monroe County are the responsibility of
the Bidder/Respondent.
B. The Bidder/Respondent shall include in his bid prices all sales, consumer, use,
cu
and other taxes required to be paid in accordance with the law of the State of Florida and the
County of Monroe. U)
0
c�
9. PREPARATION OF BID
Signature of the Respondent/Bidder: The Bidder/Respondent must sign the bid forms in
the space provided for the signature. If the Bidder/Respondent is an individual, the words "doing U
business as " or"Sole Owner" must appear beneath such signature. In the case of 0
a partnership, the signature of at least one of the partners must follow the firm name and the
words "Member of the Firm" should be written beneath such signature. If the
Bidder/Respondent is a corporation, the title of the officer signing the proposal on behalf of the
corporation must be stated along with the Corporation Seal Stamp and evidence of his authority U)
to sign the proposal must be submitted. The Bidder/Respondent shall state in the Bid/Proposal
the name and address of each person interested therein.
42
U)
10. SUBMISSION OF BID
In response to Covid-19, the Monroe County Purchasing Department has implemented a
new electronic process for receiving and opening sealed bids. Monroe County is committed to
continuing to receive and process competitive solicitations while maintaining the health and
safety of our employees and those who attend bid openings. DO NOT mail or attempt to deliver
in person any sealed bids. Mailed/physically delivered bids/proposals/responses WILL NOT be
accepted. The Monroe County Purchasing Department hereby directs that bids be submitted via 0
email to: OMB-BIDS@monroecounty-fl.gov, no later than 3:OOP.M., on 2023.
Please submit your confidential financial information in a SEPARATE EMAIL from your bid
and required documents. Your subject line on both emails must read as follows:
"BID—FENCE INSTALLATION ON TWO COUNTY CONSERVATION LANDS
ON KEY LARGO, MONROE COUNTY,FLORIDA"
0
Files that do not contain this subject line WILL BE REJECTED. Please note that the L-
maximum file size that will be accepted by email is 25MB. SHOULD YOUR BID
DOCUMENTS EXCEED 25 MB YOU MUST SEND AN EMAIL TO: omb-
purchasing@monroecounty-fl.gov TO REQUEST ARRANGEMENTS BE MADE FOR
RECEIPT OF YOUR BID DOCUMENTS PRIOR TO THE BID OPENING. Please be advised
a�
that it is the bidder's sole responsibility to ensure delivery of their bid and waiting until the bid U-
opening to address or confirm your bid submission delivery will result in your bid being rejected. 0
The bid opening for this solicitation will be held virtually, via the internet, at 3:00 P.M., on
, 2023. W
All submissions must remain valid for a period of ninety (90) days from the date of the E
deadline for submission stated above. The Board will automatically reject the response of any
person or affiliate who appears on the convicted vendor list prepared by the Department of
General Services, State of Florida, under Sec. 287.133(3)(d), Florida Statute (1997). Monroe
5
Packet Pg. 1596
F.3.a
County declares that all or portions of the documents and work papers and other forms of
deliverables pursuant to this request shall be subject to reuse by the County.
The most responsive Proposal(s), along with the recommendation of the County
Administrator and the requesting Department Head, will be presented to the Board of County
Commissioners of Monroe County, Florida, for final awarding or otherwise. The Board reserves
the right to reject any and all Proposals, to waive informalities in any or all Proposals, to re-
cu
advertise for Proposals; and to separately accept or reject any item or items and to award and/or
negotiate a contract in the best interest of the County. U)
0
c�
11. CONTENT OF SUBMISSION
The e-mail bid submitted in response to this RFB shall be clear and concise and provide
the information requested herein. The bid shall be organized and sections tabbed. Statements U
submitted without the required information will not be considered. Bids shall be organized as 0
indicated below. The bidder should not withhold any information from the written response in
anticipation of presenting the information orally or in a demonstration. Each Bidder/Respondent
must submit adequate documentation to certify the Bidder's/Respondent's compliance with the
County's requirements. Bidder/Respondent should focus specifically on the information
requested.
The following information, at a minimum, shall be included in the Submittal:
a�
A. COVER PAGE
A cover page that states "BID—FENCE INSTALLATION ON TWO COUNTY
a�
CONSERVATION LANDS ON KEY LARGO, MONROE COUNTY,FLORIDA". The
cover page should contain Bidder's/Respondent's name, address, telephone number, and the
name of the Bidder's/Respondent's contact person and their e mail address.
0
B. TABBED SECTIONS
0
Tab 1. General Information C.
1. A list of the entity's 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 N
members; if unincorporated and not a partnership, the name(s) of owners.
2. A list of the officers and directors of the entity; I
3. The number of years the entity has been operating and, if different, the number of L
CU
years it has been providing the services, goods, or construction services called for in the RFB;
4. The number of years the entity has operated under its present name and any prior
names;
5. Whether, within the last five (5) years, an officer, general partner, controlling
shareholder or major creditor of the bidder was an officer, general partner, controlling U_
shareholder or major creditor of any other entity that failed to perform services or furnish goods 0
similar to those sought in the request for bids; U_
6. Customer references (minimum of three), including name, current address and W
current telephone number;
7. Credit references (minimum of three), including name, current address and
current telephone number;
8. Relevant Experience: The Bidder/Respondent shall provide a project history of
the firm or organization demonstrating its experience similar to that requested.
6
Packet Pg. 1597
F.3.a
9. Financial statements for the prior three (3) years for the responding entity or for
any entity that is a subsidiary to the responding entity.
10. Any financial information requested by the COUNTY department involved in the
competitive solicitation, related to the financial qualifications, technical competence, the ability
to satisfactorily perform within the contract time constraints, or other information the department
deems necessary to enable the department and Board of County Commissioners to determine if
the person responding is responsible.
Tab 2 Past Performance on Similar Proiects U)
C
The Respondent shall provide a list of past clients along with the following:
Name and full address
Name and telephone number of client contact
Date of initiation and completion of contract U
a
Summary of the services and area served. 0
U)
c�
Tab 3. Litigation
Answers to the following questions regarding claims and suits:
a. Has the person, principals, entity, or any entity previously owned, U)
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? Yes or No (If yes, provide
49
details.)
U)
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? Yes
a�
or No (If yes,provide details.)
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 parry to any lawsuit, arbitration, or mediation with regard to a 0
contract for services, goods or construction services similar to those requested in the
specifications with private or public entities? Yes or No (If yes, the Respondent shall provide a
history of any past or pending claims and litigation in which the Respondent is involved as a
d
result of the provision of the same or similar services which are requested or described herein.)
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 I
with a contract to provide services, goods or construction services? Yes or No (If yes, provide L-
details)
e. Whether, within the last five (5) 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 U-
competitive solicitation. 0
f. Has the bidder ever initiated litigation against the county or been U-
sued by the county in connection with a contract to provide services, goods, or construction W
services? (If yes,provide details.)
a�
c�
Packet Pg. 1598
F.3.a
Tab 4. County Forms and Licenses
Bidder/Respondent shall complete and execute the forms specified below:
1. Bid Form
2. Lobbying and Conflict of Interest Clause
3. Non-Collusion Affidavit
4. Drug Free Workplace Form
5. Vendor Certification Regarding Scrutinized Companies
6. Bidder's Insurance and Indemnification Statement
a�
7. Insurance Agent's Statement U)
8. Public Entity Crime Statement
9. Copies of all professional and occupational licenses. Proof of
payment of Monroe County business tax (formerly occupational license) is required to be
obtained within ten days of award of the contract. U
a
0
12. MODIFICATION OF RESPONSES
c�
Written modification will be accepted from Bidder/Respondents if addressed to the entity and
address indicated in the Notice of Request for Bids and received prior to bid due date and time.
Modifications must be submitted with the subject line "Modification to Bid—FENCE U)
INSTALLATION ON TWO COUNTY CONSERVATION LANDS ON KEY LARGO,
MONROE COUNTY,FLORIDA".
42
U)
13. RESPONSIBILITY FOR RESPONSE
The Bidder is solely responsible for all costs of preparing and submitting the response,
regardless of whether a contract award is made by the County.
a�
A
14. RECEIPT AND OPENING OF RESPONSES
Bids will be received until the designated time and will be publicly opened. Bids shall be
read aloud at the appointed time and place stated in the Notice of Request for Competitive 0
Solicitations. Monroe County's representative authorized to open the Bids will decide when the
specified time has arrived and no bids received thereafter will be considered. No responsibility
0.
will be attached to anyone for the premature opening of a bid not properly addressed and C.
identified. Bidders or their authorized agents are invited to be present.
N
15. DETERMINATION OF SUCCESSFUL BIDDER
The bid shall be awarded to the responsible bidder with the lowest conforming bid. I
County reserves the right to reject any and all responses and to waive technical errors and L
CU
irregularities as may be deemed best for the interests of the County. Responses that contain
modifications, or are incomplete, unbalanced, conditional, obscure, or that contain additions not
requested or irregularities of any kind, or that do not comply in every respect with the instruction
to respondent and the contract documents, may be rejected at the option of the County.
U_
L_
16. AWARD OF BID 0
A. The County reserves the right to reject any or all bids, or any part of any bid, to
waive any informality in any bid, or to re-advertise for all or part of the work contemplated. If W
bids are found to be acceptable by the County, written notice will be given to the selected bidder
of the acceptance of his proposal. E
B. If the award of the bid is annulled, the County may award the bid to another CU
respondent or the work may be re-advertised or may be performed by other qualified personnel
as the County decides.
8
Packet Pg. 1599
F.3.a
C. The County also reserves the right to reject the bid of a respondent who has
previously failed to perform properly or to complete projects of a similar nature on time.
D. Award of a bid is contingent upon approval by the Monroe County Board of
County Commissioners.
E. The recommendation of staff shall be presented to the Board of County
Commissioners of Monroe County, Florida, for final selection and award of contract.
F. Protest Procedure: Any Bidder/Respondent/Proposer who claims to be adversely
effected by the decision or intended decision to award a contract shall submit in writing a notice
of protest which must be received by the County Attorney's Office within seventy-two (72)
hours or three (3) business days, whichever is less, after the posting of the notice of decision or
intended decision on DemandStar or posting of the notice of decision or intended decision on the
Monroe County Board of County Commissioners' ("BOCC") agenda, whichever occurs first.
Additionally, a formal written protest must be submitted in writing and must be received by the U
County Attorney's Office seventy-two (72) hours or three (3) business days prior to the BOCC's 0
meeting date in which the award of contract by the BOCC will be heard. The only opportunity to
address protest claims is before the BOCC at the designated public meeting in which the agenda
item awarding the contract is heard. In accordance with the Rules of Debate as set forth in the
Monroe County Board of County Commissioners Administrative Procedures, the
Bidder/Respondent/Proposer that filed the protest is responsible for providing the Clerk with
his/her name and residence prior to the agenda item to award the contract being called in order to
42
preserve their opportunity to be heard on this matter. An individual has three (3) minutes to
address the Commission and a person representing an organization has five (5) minutes to
address the Commission. The BOCC decision to award the contract is final and at their sole
discretion. Failure to timely protest within the times and manner prescribed herein shall
a�
constitute a waiver of the ability to protest the award of contract, unless the BOCC determines
that it is in the best interest of the County to excuse the protest waiver. The filing of a protest
shall not stop the solicitation, negotiations, or contract award process, unless it is determined that
it is in the best interest of the County to do so. 0
17. EXECUTION OF CONTRACT
The Bidder/Respondent with whom a contract is awarded shall be required to return to C.
the County one scanned original Agreement together with the required certificates of insurance.
c�
18. CERTIFICATE OF INSURANCE AND INSURANCE REQUIREMENTS
The Bidder/Respondent shall be responsible for all necessary insurance coverage as I
indicated below. Certificates of Insurance must be provided to Monroe County within fifteen L_
(15) days after award of contract, with Monroe County BOCC listed as additional insured as
indicated. If the proper insurance forms are not received within the fifteen (15) day period, the
contract may be awarded to the next selected Bidder/ Respondent. Policies shall be written by
companies licensed to do business in the State of Florida and having an agent for service of
process in the State of Florida. Companies shall have an A.M. Best rating of VI or better. The U_
required insurance shall be maintained at all times while Bidder/Respondent is providing service 0
to County. U_
Worker's Compensation Statutory Limits
Employers' Liability Insurance $100,000 Bodily Injury by Accident
$500,000 Disease,policy limits
$100,000 Disease each employee
General Liability, including $300,000 Combined Single Limit
• Premises Operation or
9
Packet Pg. 1600
F.3.a
• Products and Completed Operations $100,000/person; $300,000/occurrence
• Blanket Contractual Liability $50,000 Property Damage
• Personal Injury Liability
• Expanded Definition of Property Damage
Vehicle Liability $100,000/Occurrence; $50,000/Person;
(Owned, non-owned and hired vehicles) $25,000/Property Damage or
$100,000 Combined Single Limit
a�
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AND MONROE COUNTY
0
COMPREHENSIVE PLAN LAND AUTHORITY MUST BE NAMED AS ADDITIONAL
INSURED ON ALL POLICIES EXCEPT WORKER'S COMPENSATION.
0
19. INDEMNIFICATION C
The Bidder/Respondent to whom a contract is awarded shall defend, indemnify and hold U)
harmless the County as outlined below:
Notwithstanding any minimum insurance requirements prescribed elsewhere in this
agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected 0
and appointed officers and employees harmless from and against (i) any claims, actions or causes of ,U)
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, 49
and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, U)
any indemnified party by reason of, or in connection with, (A) any activity of CONTRACTOR or �.
any of its employees, agents, sub-contractors or other invitees during the term of this
AGREEMENT, (B) the negligence or willful misconduct of CONTRACTOR or any of its
employees, agents, sub-contractors or other invitees, or (C) CONTRACTOR's default in respect of
any of the obligations that it undertakes under the terms of this AGREEMENT, except to the extent >
the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the
intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents,
contractors or invitees (other than CONTRACTOR). Insofar as the claims, actions, causes of action,
litigation,proceedings, costs or expenses relate to events or circumstances that occur during the term
of this AGREEMENT, this section will survive the expiration of the term of this AGREEMENT or <
any earlier termination of this AGREEMENT. ,
In the event that the service is delayed or suspended as a result of the Bidder's failure to
purchase or maintain the required insurance, the Bidder shall indemnify the County from any and all
increased expenses resulting from such delay. 0
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
This indemnification shall survive the expiration or earlier termination of the contract.
c�
0
c�
10
Packet Pg. 1601
F.3.a
SECTION TWO
DRAFT AGREEMENT
CONTRACT FOR PROFESSIONAL SERVICES FOR THE INSTALLATION OF
FENCES ON TWO COUNTY CONSERVATION LANDS ON KEY LARGO
THIS CONTRACT is made and entered into this day of 2023,by MONROE
COUNTY("COUNTY"), a political subdivision of the State of Florida,whose address is the Marathon
Government Center, 2798 Overseas Highway, Marathon, Florida, 33050, and
("CONTRACTOR"),whose address is
Section 1. SCOPE OF WORK
U
The CONTRACTOR shall do,perform, and carry out in a professional and proper manner certain duties 0
as described in the Scope of Services—Exhibit A—which is attached hereto and made a part of this
agreement.
Section 2. COUNTY'S RESPONSIBILITIES 0
U)
2.1 The Monroe County Land Steward is designated as the "Project Manager"for this project and has
the authority to act on the COUNTY'S behalf on all matters concerning the Work Assignment.
2.2 The COUNTY shall furnish to the CONTRACTOR all existing plans, studies,reports, and other U)
available data pertinent to the work, and obtain or provide additional reports and data as required
Cr
by the CONTRACTOR. The CONTRACTOR shall be entitled to use and rely upon such
information and services provided by the COUNTY or others in performing the
CONTRACTOR'S services.
2.3 The COUNTY shall arrange for access to and make all provisions for the CONTRACTOR to
enter upon public and private property as reasonably required, and legally allowed, for the
CONTRACTOR to perform services hereunder. Any obstruction to such access by private 0
property owners shall not constitute a basis for waiver of any other required entries on to public
and private property,nor shall it provide a basis for termination of the contract. In the event that
such access is so obstructed, CONTRACTOR and COUNTY shall work together to resolve the C.
CL
difficulty in a timely manner. <
2.4 The COUNTY shall perform such other functions as are indicated in Exhibit A.
2.5 The COUNTY shall provide a schedule that is mutually agreeable to the COUNTY and
CONTRACTOR.
0
Section 3. TIME OF COMPLETION
CU
Work must be completed within 90 days of execution of the CONTRACT or issuance of County permits,
whichever occurs later,unless an extension is agreed to in writing from the Project Manager.
a�
c�
Section 4. COMPENSATION
L_
4.1 The maximum compensation available to the CONTRACTOR under this agreement is "0
$ The COUNTY agrees to pay the CONTRACTOR based on completion of work U_
within the Scope of Services.
Section 5. PAYMENT TO CONTRACTOR
c�
5.1 Payment will be made according to the Local Government Prompt Payment Act. Any request for
payment must be in a form satisfactory with supporting documentation acceptable to the County
ll
Packet Pg. 1602
F.3.a
Clerk (Clerk). Acceptability to the Clerk is based on generally accepted accounting principles
and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. The request
must describe in detail the services performed and the payment amount requested. The
CONTRACTOR must submit to the COUNTY Project Manager, who will review the request.
The Project Manager shall note his/her approval on the request and forward it to the Clerk for
payment. If request for payment is not approved, the Project Manager must inform the 2
CONTRACTOR in writing that must include an explanation of the deficiency that caused the
disapproval of the request. U)
0
c�
Section 6. CONTRACT TERMINATION
0
A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, U
the COUNTY shall have the right to terminate this agreement after five days written 0
notification to the CONTRACTOR. 0
a)
c�
B. Either of the parties hereto may cancel this Agreement without cause by giving the other
party thirty(30)days written notice of its intention to do so. ,0
U)
C. Termination for Cause and Remedies: In the event of breach of any contract terms, the
COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate
this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the
covenants herein contained at the time and in the manner herein provided. In the event of
cr
such termination,prior to termination, the COUNTY shall provide CONTRACTOR with five
(5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the
breach that has occurred. If the breach is not cured, the Agreement will be terminated for A
cause. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall
a�
pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to >
termination, unless the cost of completion to the COUNTY exceeds the funds remaining in
0
the contract; however, the COUNTY reserves the right to assert and seek an offset for
damages caused by the breach. The maximum amount due to CONTRACTOR shall not in
any event exceed$ In addition, the COUNTY reserves all rights available to recoup C,
monies paid under this Agreement, including the right to sue for breach of contract and C
including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance,
located at Section 2-721 et al. of the Monroe County Code. N
c�
D. Termination for Convenience: The COUNTY may terminate this Agreement for
convenience, at any time, upon 30 days' notice to CONTRACTOR. If the COUNTY
terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR CU
the sum due the CONTRACTOR under this agreement prior to termination,unless the cost of
completion to the COUNTY exceeds the funds remaining in the contract. The maximum
amount due to CONTRACTOR shall not exceed$ .00
c�
E. For Contracts of any amount, if the County determines that the Contractor/Consultant has L-
submitted a false certification under Section 287.135(5), Florida Statutes or has been placed 4-
on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the U-
County shall have the option of (1) terminating the Agreement after it has given the
Contractor/Consultant written notice and an opportunity to demonstrate the agency's
determination of false certification was in error pursuant to Section 287.135(5)(a), Florida
Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida
CU
Statutes, are met.
d
12
Packet Pg. 1603
F.3.a
F. For Contracts of$1,000,000 or more,if the County determines that the Contractor/Consultant
submitted a false certification under Section 287.135(5), Florida Statutes, or if the
Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the
Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List, or been engaged in business operations in Cuba or Syria, the County shall have the
option of(1) terminating the Agreement after it has given the Contractor/Consultant written 0
notice and an opportunity to demonstrate the agency's determination of false certification was
in error pursuant to Section 287.135(5)(a), Florida Statutes, or(2) maintaining the Agreement
if the conditions of Section 287.135(4), Florida Statutes, are met. U+
C
0
c�
Section 7. AUTHORIZATION OF WORK ASSIGNMENTS
0
U
C
7.1 All work assignments beyond or in addition to EXHIBIT "A" shall be authorized in a signed 0
document (Work Order) in accordance with the COUNTY's policy prior to any work being
conducted by the CONTRACTOR.
0
7.2 Additional authorizations may contain additional instructions or provisions specific to the U)
authorized work for the purpose of clarifying certain aspects of this Agreement pertinent to the
work to be undertaken. Such supplemental instruction or provisions shall not be construed as a
12
modification of this Agreement. Authorizations shall be dated and serially numbered.
a�
cr
7.3 The CONTRACTOR shall not assign, sublet or transfer any rights under or interest in (including,
but not without limitations, moneys that may become due or moneys that are due) this agreement
a�
or subsequent Work Assignment without the written consent of the COUNTY, except to the A
extent that any assignment, subletting, or transfer is mandated by law or the effect of this
limitation may be restricted by law. Unless specifically stated to the contrary in any written
consent to any assignment, no assignment will release or discharge the assignor from any duty or 0
responsibility under this agreement.
0
L-
CL
CL
Section 8. NOTICES <
All notices, requests and authorizations provided for herein shall be in a signed document and shall be M
hand delivered, or mailed, certified/registered/return receipt requested, or sent by courier service with a c+,
signed receipt, to the addresses as follows: C
0
To the COUNTY: Beth Bergh, Land Steward
Monroe County Planning & Environmental Resources
2798 Overseas Highway, Suite 410
Marathon, Florida 33050
c�
Roman Gastesi, County Administrator a-
1100 Simonton Street, Suite 205 0
Key West, Florida 33040 M
U-
To the Monroe County Land Authority:
Christine Hurley, Executive Director
1200 Truman Ave, Suite 207 <
Key West, Florida 33040
13
Packet Pg. 1604
F.3.a
To the CONTRACTOR:
or addressed to either party at such other addresses as such party shall hereinafter furnish to the other
party in writing. Each such notice, request, or authorization shall be deemed to have been duly given
when so delivered, or,if mailed,when deposited in the mails,registered,postage paid.
Section 9. RECORDS AND RIGHT TO AUDIT
U)
CONTRACTOR shall maintain all books,records, and documents directly pertinent to performance under 0
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 U
agreement and for five (5)years following the termination of this Agreement. If an auditor employed by 0
the COUNTY or Clerk determines that moneys paid to CONTRACTOR pursuant to this Agreement were
spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the moneys
aT
together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid L—
0
to CONTRACTOR. -
Right to Audit .0
Availability of Records. The records of the parties to this Agreement relating to the Project, which shall ,L-
include but not be limited to accounting records (hard copy, as well as computer readable data if it can be
made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps,
cr
bidding instructions,bidders list, etc); original estimates; estimating work sheets; correspondence; change
order files (including documentation covering negotiated settlements); backcharge logs and supporting
documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and A
dividends; any other supporting evidence deemed necessary by County or the Monroe County Office of
the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges >
related to this agreement, and all other agreements, sources of information and matters that may in
0
County's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights,
duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as
"Records") shall be open to inspection and subject to audit and/or reproduction by County's C,
representative and/or agents or the County Clerk. County or County Clerk may also conduct verifications C'
such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll,
verifying payroll computations, overhead computations, observing vendor and supplier payments,
miscellaneous allocations, special charges, verifying information and amounts through interviews and
written confirmations with employees, Subcontractors, suppliers, and contractors representatives. All
records shall be kept for ten (10)years after Final Completion of the Project. The County Clerk possesses
the independent authority to conduct an audit of Records, assets, and activities relating to this Project. If
any auditor employed by the Monroe County or County Clerk determines that monies paid to Contractor
pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor
shall repay the monies together with interest calculated pursuant to Section 55.03, F.S., running form the
date the monies were paid to Contractor. The right to audit provisions survives the termination of
expiration of this Agreement. �
0
4-
Section 10. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020-1990
The CONTRACTOR warrants that it has not employed, retained or otherwise had act on its behalf any
former or current County officer or employee subject to the prohibition of Sections 2 and 3 of Ordinance
No. 010-1990 as amended by Ordinance No. 020-1990. For breach or violation of this provision the
COUNTY may, in its discretion, terminate this agreement without liability and may also, In its discretion
deduct from the agreement or purchase price, or otherwise recover the full amount of any fee,
14
Packet Pg. 1605
F.3.a
commission,percentage, gift, or consideration paid to the former County officer or employee.
Section 11. CONVICTED VENDOR
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). Violation of this section shall 2
result in termination of this Agreement and recovery of all monies paid hereto, and may result in
debarment from County's competitive procurement activities. U)
0
c�
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 with a public entity for the construction or repair of a
public building or public work, may not perform work as a CONTRACTOR, supplier, subcontractor, or U
CONTRACTOR under contract with any public entity, and may not transact business with any public 0
entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for the
Category two for a period of 36 months from the date of being placed on the convicted vendor list.
0
Section 12. GOVERNING LAW,VENUE,INTERPRETATION, COSTS AND FEES U)
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida
12
applicable to contracts made and to be performed entirely in the State.
a�
cr
In the event that any cause of action or administrative proceeding is instituted for the enforcement or
interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue shall lie in the
a�
appropriate court or before the appropriate administrative body in Monroe County,Florida. �+
Section 13. SEVERABILITY
0
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 0
jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be C
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 I
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.
Section 14. ATTORNEY'S FEES AND COSTS
The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative L_
proceeding is initiated or defended by any party relative to the enforcement or interpretation of this 00
Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, U_
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 E
Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe
County. This Agreement is not subject to arbitration.
15
Packet Pg. 1606
F.3.a
Section 15. 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.
Section 16. AUTHORITY
Each parry 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. C
0
c�
Section 17. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be U
resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues 0
are still not resolved to the satisfaction of the parties, then any parry shall have the right to seek such relief
or remedy as may be provided by this Agreement or by Florida law.
a�
Section 18. COOPERATION 0
U)
In the event any administrative or legal proceeding is instituted against either parry relating to the .0
formation, execution,performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to
1.2
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
cr
Agreement. COUNTY and CONTRACTOR specifically agree that no parry to this Agreement shall be
required to enter into any arbitration proceedings related to this Agreement.
a�
A
Section 19. NONDISCRIMINATION
CONTRACTOR and COUNTY agree that there will be no discrimination against any person,
and it is expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action
L-
on the part of any parry, effective the date of the court order. CONTRACTOR and COUNTY CL
agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, <
relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil M
Rights Act of 1964 (PL 88-352) which prohibits discrimination in employment on the basis of M
race, color, religion, sex, and 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, L-
relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health M
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to W
confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of
1968 (42 USC s.3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or
financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note),
as may be amended from time to time, relating to nondiscrimination on the basis of disability;
10) Monroe County Code, Chapter 14, Article II, which prohibits discrimination on the basis of
race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity
16
Packet Pg. 1607
F.3.a
or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal
or state statutes which may apply to the parties hereto, or the subject matter of, this Agreement.
7
Section 20. REQUIREMENT TO USE E-VERIFY
In accordance with F.S. 448.095, the Contractor and any subcontractor shall register with and
shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work
authorization status of all new employees hired by the Contractor during the term of the Contract
and shall expressly require any subcontractors performing work or providing services pursuant to 0
the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to
verify the work authorization status of all new employees hired by the subcontractor during the
Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does U
not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall C
comply with and be subject to the provisions of F.S. 448.095 )
c�
Section 21. COVENANT OF NO INTEREST
0
4-
COUNTY and CONTRACTOR covenant that neither presently has any interest, and shall not acquire any 2
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. 42
U)
Section 22. CODE OF ETHICS
cr
The parties understand that officers and employees of the COUNTY are required to comply with the
a�
standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, �+
and the Monroe County Personnel Policies & Procedures Manual, regarding, but not limited to,
solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse a
of public position, conflicting employment or contractual relationship; and disclosure or use of certain 0
information.
0
Section 23. NO SOLICITATION/PAYMENT
The COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained M
any company or person, other than a bona fide employee working solely for it, to solicit or secure this I
Agreement and that it has not paid or agreed to pay any person, company, corporation,individual, or firm, C"
other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other 0
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.
a�
c�
Section 24. PUBLIC ACCESS
L
0
The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all M
documents,papers, letters or other materials in its possession or under its control subject to the provisions U-
W
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.
Public Records Compliance. Contractor must comply with Florida public records laws, including but
not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The
17
Packet Pg. 1608
F.3.a
County and Contractor shall allow and permit reasonable access to, and inspection of, all documents,
records, papers, letters or other "public record" materials in its possession or under its control subject to
the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in
conjunction with this contract and related to contract performance. The County shall have the right to
unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the
Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and
cu
the County may enforce the terms of this provision in the form of a court proceeding and shall, as a
prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that C
0
proceeding. This provision shall survive any termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to
comply with this provision. t0
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: a
(1) Keep and maintain public records that would be required by the County to perform the service.
(2) Upon receipt from the County's custodian of records, provide the County with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at a cost that
does not exceed the cost provided in this chapter or as otherwise provided by law. 0
(3) Ensure that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law for the duration of the contract term and
following completion of the contract if the contractor does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession
of the Contractor or keep and maintain public records that would be required by the County to perform
the service. If the Contractor transfers all public records to the County upon completion of the contract,
a�
the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If the Contractor keeps and maintains public records upon 4)
completion of the contract, the Contractor shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to the County,upon request from the County's
custodian of records, in a format that is compatible with the information technology systems of the >
County. C,
CL
(5) A request to inspect or copy public records relating to a County contract must be made directly to <
the County,but if the County does not possess the requested records, the County shall immediately notify M
c14
the Contractor of the request, and the Contractor must provide the records to the County or allow the M
records to be inspected or copied within a reasonable time.
0
If the Contractor does not comply with the County's request for records, the County shall enforce the
public records contract provisions in accordance with the contract, notwithstanding the County's option
and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A
as
Contractor who fails to provide the public records to the County or pursuant to a valid public records
request within a reasonable time may be subject to penalties under section119.10, Florida Statutes. U-
0
The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public
records unless or otherwise provided in this provision or as otherwise provided by law. W
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
c�
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
18
Packet Pg. 1609
F.3.a
CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470
BRADLEY-BRIAN(&MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S
OFFICE IIII 12TH Street, SUITE 408, KEY WEST, FL 33040.
Section 25. 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.
U
Section 26. PRIVILEGES AND IMMUNITIES C
0
U)
0
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 0
respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the U)
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.
49
U)
Section 27. LEGAL OBLIGATIONS AND RESPONSIBILITIES
cr
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 M
constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida
0
constitution, state statute, and case law. >
0
L_
CL
Section 28. 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 N
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.
Section 29. ATTESTATIONS
c�
LL
CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, including, 0
but not being limited to, a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free M
Workplace Statement, Lobbying and Conflict of Interest Clause, and Non-Collusion Agreement. W
Section 30. NO PERSONAL LIABILITY
E
c�
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,
19
Packet Pg. 1610
F.3.a
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.
Section 31. 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.
U)
C
Section 32. 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 U
interpretation of any provision of this Agreement. 0
U)
0
Section 33. INSURANCE POLICIES
33.1 General Insurance Requirements for Contractors and Subcontractors ,0
U)
As a pre-requisite of the work governed, or the goods supplied under this contract (including the pre- .0
staging of personnel and material), the CONTRACTOR shall obtain, at his/her own expense, insurance as
specified in any attached schedules, which are made part of this contract. The CONTRACTOR will
ensure that the insurance obtained will extend protection to all Subcontractors engaged by the
cr
CONTRACTOR. As an alternative, the CONTRACTOR may require all Subcontractors to obtain
insurance consistent with the attached schedules.
a�
A
The CONTRACTOR will not be permitted to commence work governed by this contract (including pre-
staging of personnel and material)until satisfactory evidence of the required insurance has been furnished ,>
to the COUNTY as specified below. Delays in the commencement of work, resulting from the failure of M
0
the CONTRACTOR to provide satisfactory evidence of the required insurance, shall not extend deadlines
specified in this contract and any penalties and failure to perform assessments shall be imposed as if the
work commenced on the specified date and time, except for the CONTRACTOR's failure to provide L
satisfactory evidence. C,
d
The CONTRACTOR shall maintain the required insurance throughout the entire term of this contract and
any extensions specified in the attached schedules. Failure to comply with this provision may result in M
the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays
in the completion of work resulting from the failure of the CONTRACTOR to maintain the requird 0
insurance shall not extend deadlines specified in this contract and any penalties and failure to perform
assessments shall be imposed as if the work had not been suspended, except for the CONTRACTOR's
failure to maintain the required insurance.
c�
The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required insurance,
either: U_
LM
• Certificate of Insurance; or
W
• A Certified copy of the actual insurance policy.
a�
The County, at its sole option,has the right to request a certified copy of any or all insurance policies
c�
required by this contract.
20
Packet Pg. 1611
F.3.a
All insurance policies must specify that they are not subject to cancellation,non-renewal, material
change, or reduction in coverage unless a minimum of thirty(30) days prior notification is given to the
County by the insurer.
U)
The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the
Contractor from any liability or obligation assumed under this contract or imposed by law.
The Monroe County Board of County Commissioners and the Monroe County Comprehensive Plan Land
Authority, and their employees and officials,will be included as "Additional Insured" on all policies, U)
except for Workers' Compensation. 0
c�
33.2 INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN COUNTY AND CONTRACTOR
0
Prior to the commencement of work governed by this contract, the CONTRACTOR shall obtain General C
Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a 0
U)
minimum: c�
• Premises Operations
• Products and Completed Operations U)
• Bodily Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be:
cr
$300,000 Combined Single Limit(CSL)
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions
should include coverage for claims filed on or after the effective date of this contract. In addition, the >
period for which claims may be reported should extend for a minimum of twelve (12) months following
the acceptance of work by the County.
The Monroe County Board of County Commissioners and the Monroe County Comprehensive Plan Land 0
Authority shall be named as Additional Insured on all policies issued to satisfy the above requirements.
33.3 VEHICLE LIABILITY INSURANCE REQUIREMENTS
Recognizing that the work governed by this contract requires the use of vehicles, the CONTRACTOR, c�
prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be 0
maintained throughout the life of the contract and include, as a minimum, liability coverage for:
• Owned,Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
U_
$100,000 Combined Single Limit(CSL) ,0
M
If split limits are provided,the minimum limits acceptable shall be:
$50,000 per Person
$100,000 per Occurrence
c�
$25,000 Property Damage
d
21
Packet Pg. 1612
F.3.a
The Monroe County Board of County Commissioners and the Monroe County Comprehensive Plan Land
Authority shall be named as Additional Insured on all policies issued to satisfy the above requirements.
7
33.4 WORKERS' COMPENSATION INSURANCE REQUIREMENTS
Prior to commencement of work governed by this contract, the CONTRACTOR shall obtain Workers' 0
Compensation Insurance with limits sufficient to respond to the applicable state statutes.
a�
In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with limits of not less than: �
0
c�
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease,policy limits
$100,000 Bodily Injury by Disease, each employee U
a
0
Coverage shall be maintained throughout the entire term of the contract. U)
c�
Coverage shall be provided by a company or companies authorized to transact business in the state of
Florida. ,0
U)
If the CONTRACTOR has been approved by the Florida's Department of Labor as an authorized self- .0
insurer,the COUNTY shall recognize and honor the CONTRACTOR's status. The CONTRACTOR may
1.2
be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of
Insurance,providing details on the CONTRACTOR's Excess Insurance Program.
cr
If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance will be required. In
addition, the CONTRACTOR may be required to submit updated financial statements from the fund upon
request from the County.
Section 34. 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 L
COUNTY's elected and appointed officers and employees harmless from and against (1) any claims, C,
d
actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other M
proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business
interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or M
sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or
any of its employees, agents, contractors in any tier or other invitees during the term of this Agreement,
(B) the negligence or willful misconduct of Contractor or any of its employees, agents, contractors in any
tier or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes
under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation,
proceedings, costs or expenses arise from the intentional or sole negligent acts or negligent acts in part 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 4-
survive the expiration of the term of this Agreement or any earlier termination of this Agreement. U-
W
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 extent of liability is in no way limited to,reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
22
Packet Pg. 1613
F.3.a
Section 35. INDEPENDENT CONTRACTOR
At all times and for all purposes hereunder, the CONTRACTOR is an independent contractor and not an
employee of the Board of County Commissioners. 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. As an independent contractor 0
the CONTRACTOR shall provide independent, professional judgment and comply with all federal, state,
and local statutes, ordinances,rules and regulations applicable to the services to be provided.
U)
C
The CONTRACTOR shall be responsible for the completeness and accuracy of its work,plan, supporting
data, and other documents prepared or compiled under its obligation for this project, and shall correct at
its own expense all significant errors or omissions therein which may be disclosed. The cost of the work
necessary to correct those errors attributable to the CONTRACTOR and any damage incurred by the is
COUNTY as a result of additional costs caused by such errors shall be chargeable to the 0
CONTRACTOR. This provision shall not apply to any maps, official records, contracts, or other data U)
that may be provided by the COUNTY or other public or semi-public agencies.
a�
Section 36.DELAY ,0
U)
The CONTRACTOR agrees that no charges or claims for damages shall be made by it for any delays or .0
hindrances attributable to the COUNTY during the progress of any portion of the services specified in this
1.2
contract. If possible, such delays or hindrances, if any, shall be compensated for by the COUNTY by an
extension of time for a reasonable period for the CONTRACTOR to complete the work schedule. Such
cr
an agreement shall be made between the parties based on funding availability.
Section 37. TERMINATION OF CONTRACT
A
This Contract will terminate upon closure of the permit,but no later than December 31,2023. >
Section 38. UNCONTROLLABLE CIRCUMSTANCES
0
Any delay or failure of either Party to perform its obligations cinder this Agreement will be
excused to the extent that the delay or failure was caused directly by an event beyond such
Party's control, without such Party's fault or negligence and that by its nature could not have been �
foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b)
flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the N
geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not),
terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) I
government order or law in the geographic area of the Project; (e) actions, embargoes, or
blockades in effect on or after the date of this Agreement; (f) action by any governmental
authority prohibiting work in the geographic area of the Project;(each, a "Uncontrollable
Circumstance"). CONTRACTOR'S financial inability to perform, changes in cost or availability
of materials, components, or services, market conditions, or supplier actions or contract disputes
will not excuse performance by Contractor under this Section. Contractor shall give County
written notice within 7 days of any event or circumstance that is reasonably likely to result in U_
an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable ,0
Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance M
ensure that the effects of any Uncontrollable Circumstance are minimized and resume full W
performance under this Agreement. The County will not pay additional cost as a result of an
Uncontrollable Circumstance.
c�
23
Packet Pg. 1614
F.3.a
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the
day of 20
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, CLERK
OF MONROE COUNTY, FLORIDA
0
By By U
As Deputy Clerk Craig Cates, Mayor 0
c�
0
(CORPORATE SEAL)
Contractor Name
ATTEST:
cr
By By
Contractor Rep
0
0
c�
C�
0
c�
L-
0
c�
24
Packet Pg. 1615
F.3.a
EXHIBIT A
SCOPE OF SERVICES
INSTALLATION OF FENCES ON TWO COUNTY CONSERVATION LANDS
ON KEY LARGO
The project is the installation of perimeter chain link fence on two County conservation properties. Site A U)
is RE 9 00089100-000200 located at MM 94, Bayside. Site B is RE 9 00088270-0000000 located at MM 0
96, Bayside. Please see Exhibit A for more information and location maps.
The fence must meet the following specifications: U
• All fence material (including poles and fabric) must be 6 ft tall vinyl coated galvanized 0
chain link;
• Color must be dark green or black (uniformly one color), wire must be 6 gauge;
• Pipe must be Schedule 40;
• Must include a top rail; U)
• Minimum post/rail sizes: End posts 2 '/2"diameter; line posts 2" diameter; top rail 1 5/8"
diameter;
49
• Post spacing is 10 ft on center maximum; U)
• Posts must be set into the ground with concrete foundation with minimum dimensions of
8"diameter and 24" depth. Posts must be embedded to within 6" from the bottom of the
foundation;
a�
• Must include tension bands: use one less than the height of the fence in feet, evenly A
spaced; >
• Must include fabric ties that are at minimum the same gauge as the fabric;
• Fabric tie spacing on the top rail must be 5 ties between posts, evenly spaced;
0
• Fabric tie spacing on the line posts must be 5 ties, evenly spaced;
• Installation must include two gates (walk thru width) of same fencing specifications
installed along the fence line adjacent to US Hwy 1. One gate installed at each site;
• The fence may meander slightly to avoid removal of large trees;
• Site A —perimeter fence total length is approximately 1,786 linear ft.; and
• Site B —fence total length is approximately 440 linear ft.
0
Additional general project requirements include: CU
• These are conservation properties, therefore, clearing should be limited to the minimal
amount necessary to install the fence.
• All construction debris must be removed and properly disposed of by the LL
CONTRACTOR. 0
• CONTRACTOR responsible for obtaining all necessary permits including payment of
LL
any permit fees. W
Zi
• CONTRACTOR must be insured and licensed to do work in Monroe County.
• Work must be completed within 90 days of execution of the CONTRACT or issuance of
County permits (whichever occurs later).
Location Maps attached
25
Packet Pg. 1616
F.3.a
Location Maps
Site A:
MM 94, Bayside, south of Sunset Gardens Drive
Fence to be installed along perimeter indicated by blue line in photos below; approximately
1,786 linear feet. Gate to be installed along eastern line (adjacent to US Hwy 1). Property 2
line location will be marked in the field (at approximately 50 ft intervals) by surveyor
(surveyor hired by County)prior to fence installation. U)
0
c�
0
Lac tea
a
Q 0
U)
c�
0
U)
IN III No
�G U)
Via' l
A
0
838.5 LF G�
L-
i, CL
CL
100 LF
,75LF _
® try
772 LF / / �
0
c�
LM
0
4i
c�
26
Packet Pg. 1617
F.3.a
SITE B:
MM 96, Bayside
Fence to be installed along property line adjacent to US HWY 1, as indicated by blue line in
photo below; approximately 440 linear feet and must include a gate.
U
i I
0
440 p
0
yq
CL
CL c1,4
C�
0
c�
0
c�
27
Packet Pg. 1618
F.3.a
SECTION THREE
BID DOCUMENTS
U)
BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
C/O PURCHASING DEPARTMENT 0
GATO BUILDING ROOM 2-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040 a
c�
BID FROM:
0
U
a
0
U)
c�
The undersigned, having carefully examined the work, specifications, bid documents, and ,
addenda thereto and other Contract Documents for the services of: 0
FENCE INSTALLATION ON TWO COUNTY CONSERVATION LANDS U)
ON KEY LARGO, MONROE COUNTY,FLORIDA
And 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, U)
ordinances, rules and regulations affecting performance of the work, does hereby propose to �-
install fencing at two County Conservation Lands on Key Largo, and all incidentals necessary '
to perform and complete said work in a workman-like manner, in conformance with
specifications, and other contract documents including addenda issued thereto.
a�
Bid Price, including all labor, materials, & County permit fees:
0
BID PRICE for Site A: $ >
0
BID PRICE for Site B: $
TOTAL BID PRICE (all inclusive): $
C�
There are no additional costs for travel, mileage, meals, or lodging. 0
I acknowledge receipt of Addenda No. (s)
I have included the Bid which includes
c�
1. Bid Form
U_
2. Non-Collusion Affidavit L_
3. Lobbying and Conflict of Interest Clause Form M
4. Drug Free Workplace Form U_
5. Public Entity Crime Statement
6. Vendor Certification Regarding Scrutinized Companies
c�
In addition, I have included
7. Current copy of Contractor's License
8. Copy of Monroe County Business Tax Receipt
28
Packet Pg. 1619
F.3.a
9. Insurance Agents Statement
10. Bidder's\Respondent's Insurance & Indemnification Statement
11. All requirements as stated in the Instruction to Bidders, Paragraph 4.
(Check mark items above, as a reminder that they are included.)
Mailing Address: Telephone:
Fax:
Date:
Signed: Witness:
(Seal)
Print Name
0
U
Title 0
c�
0
A
0
0
CL
CL
N
C�
0
CU
c�
L-
0
c�
29
Packet Pg. 1620
F.3.a
NON-COLLUSION AFFIDAVIT
I, of the city of
according to law on my oath, and under penalty of perjury, depose and say that:
l. I am
of the firm of
the bidder making the Proposal for the project described in the Notice for Calling for
bids for:
and that I executed the said proposal with full authority to do so: 0
a
2. the prices in this bid have been arrived at independently without collusion, consultation, 0
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; ,
0
3. unless otherwise required by law, the prices which have been quoted in this bid have not U)
been knowingly disclosed by the bidder and will not knowingly be disclosed by the
bidder prior to bid opening, directly or indirectly, to any other bidder or to any
competitor; and U)
4. no attempt has been made or will be made b 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.
0
(Signature of Bidder) (Date) ,
N
STATE OF )
I
SS:
COUNTY OF ) CU
Subscribed and sworn to (or affirmed) before me, by means of❑ physical presence or ❑ online
notarization, on (date) by
(name of affiant). He/She is personally known to me or has produced
(type of identification) as L_
identification. 0
U_
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 2023.
c�
NOTARY PUBLIC, STATE OF
My Commission Expires:
Commission No.
30
Packet Pg. 1621
F.3.a
LOBBYING AND CONFLICT OF INTEREST FORM
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 7
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
warrants that he/it has not employed, retained U)
0
U
or otherwise had act on his/its behalf any former County officer or employee in violation of
0
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section U
C
0
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
4-
U)
the contract or purchase price, or otherwise recover, the full amount of any fee, commission,
9
percentage, gift, or consideration paid to the former County officer or employee.
a�
(signature)
Date: 0
STATE OF )
SS:
COUNTY OF )
c�
Subscribed and sworn to (or affirmed)before me, by means of❑ physical presence or ❑ online
notarization, on (date) by
(name of affiant). He/She is personally known to me or has produced
CU
(type of identification) as
identification.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 2023. U-
LM
0
NOTARY PUBLIC, STATE OF
My Commission Expires:
Commission No.
c�
OMB - MCP FORM 94
31
Packet Pg. 1622
F.3.a
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution, U)
dispensing, possession, or use of a controlled substance is prohibited in the workplace and 0
specifying the actions that will be taken against employees for violations of such prohibition.
0
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of U
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee 0
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
a�
3. Give each employee engaged in providing the commodities or contractual services that are 0
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 0
rehabilitation program if such is available in the employee's community, or any employee who
is so convicted. 0
CL
CL
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section. N
C�
As the person authorized to sign the statement, I certify that this firm complies fully with the I
above requirements.
CU
Bidder's Signature
c�
Date
c�
OMB -MCP45
32
Packet Pg. 1623
F.3.a
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
cu
CONTRACTOR under a contract with any public entity, and may not transact business with
any public entity in excess of the threshold amount provided in Section 287.017, Florida U)
Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list."
0
I have read the above and state that neither U
C
(Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last 0
U)
36 months.
c�
0
U)
(Signature)
U)
Date:
A
STATE OF )
SS: 0
COUNTY OF )
0
Subscribed and sworn to (or affirmed) before me, by means of❑ physical presence or ❑ online
notarization, on (date) by ,
(name of affiant). He/She is personally known to me or has produced
(type of identification) as
identification. 0
CU
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 2023.
L-
0
NOTARY PUBLIC, STATE OF
My Commission Expires:
Commission No.
c�
33
Packet Pg. 1624
F.3.a
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Description(s):
Respondent Vendor Name:
Vendor FEIN:
Vendor's Authorized Representative Name and Title:
Address: 0
c�
City: State: Zip:
Phone Number: U
c,
Email Address: 0
Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal
for, or entering into or renewing a contract for goods or services of any amount if, at the time of
contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List 4-
created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. 2
Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a 2
proposal for, or entering into or renewing a contract for goods or services of $1,000,000 or
more, that are on either the Scrutinized Companies with Activities in Sudan List or the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were
created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or
Syria.
As the person authorized to sign on behalf of Respondent, I hereby certify that the company
identified above in the Section entitled "Respondent Vendor Name" is not listed on the
Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for
Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities
in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector 0
List, or engaged in business operations in Cuba or Syria.
I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false
certification may subject company to civil penalties, attorney's fees, and/or costs. I further
understand that any contract with the County may be terminated, at the option of the County, if
the company is found to have submitted a false certification or has been placed on the
Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on
the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in
Cuba or Syria.
c�
Certified By: who is
authorized to sign on behalf of the above referenced company. 0
Authorized Signature: M
Print Name:
Title:
a�
Note: The List are available at the following Department of Management Services Site: E
http://www.dms.myflorida.com/business_operations/state purchasing/vendor_information/con
victed_suspended_discriminatory complaints vendor lists
34
Packet Pg. 1625
F.3.a
Bidder's/Respondent's Insurance and Indemnification Statement
Insurance Requirement Required Limits
Worker's Compensation Statutory Limits
Employer's Liability $100,000/$500,000/$100,000
a�
General Liability $300,000 Combined Single Limit or
$100,000/$300,000/$50,000
Vehicle Liability $100,000 Combined Single Limit or
$50,000/$100,000/$25,000 U
C
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AND MONROE COUNTY 0
COMPREHENSIVE PLAN LAND AUTHORITY MUST BE NAMED AS ADDITIONAL
c�
INSURED ON ALL POLICIES EXCEPT WORKER'S COMPENSATION.
0
INDEMNIFICATION AND HOLD HARMLESS FOR CONTRACTOR U)
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 U)
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, w-
and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by,
any indemnified parry by reason of, or in connection with, (A) any activity of CONTRACTOR or
any of its employees, agents, sub-contractors or other invitees during the term of this
AGREEMENT, (B) the negligence or willful misconduct of CONTRACTOR or any of its
employees, agents, sub-contractors or other invitees, or (C) CONTRACTOR's default in respect of 0
any of the obligations that it undertakes under the terms of this AGREEMENT, except to the extent
the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the
intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents,
contractors or invitees (other than CONTRACTOR). 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. I
In the event that the service is delayed or suspended as a result of the Contractor's failure to L_
purchase or maintain the required insurance, the Contractor shall indemnify the County from any
and all increased expenses resulting from such delay.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
This indemnification shall survive the expiration or earlier termination of the Contract. U_
BIDDER'S /RESPONDENT'S STATEMENT 0
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all the requirements. W
Bidder/Respondent Signature
35
Packet Pg. 1626
F.3.a
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the responder named below. The following deductibles apply
to the corresponding policy.
POLICY DEDUCTIBLES
U)
C
0
c�
0
U
C
0
U)
c�
Liability policies are Occurrence Claims Made 0
U)
U)
Insurance Agency Signature
cr
Print Name:
a�
A
0
0
CL
CL
M
cN
M
C�
0
c�
L-
0
c�
36
Packet Pg. 1627
F.3.a
EXHIBIT A
REQUESTS FOR BIDS
FENCE INSTALLATION ON TWO COUNTY CONSERVATION LANDS ON KEY
LARGO
Location Maps
Site A:
MM 94, Bayside, south of Sunset Gardens Drive a
c�
Fence to be installed along perimeter indicated by blue line in photos below; approximately
1,786 linear feet. Gate to be installed along eastern line (adjacent to US Hwy 1). Property 0
line location will be marked by surveyor (at approximately 50 ft intervals)prior to fence a
installation. U)
a�
c�
s ,0
t U)
U)
a�
0
V
r a,
r` cN
j 838.5 LF C�
i� 0
75 LFi 1pp LF
i -
//
IN
E
c�
37
Packet Pg. 1628
F.3.a
SITE B:
MM 96, Bayside
Fence to be installed along property line adjacent to US HWY 1, as indicated by blue line in
photo below; approximately 440 linear feet and must include a gate.
f �
U)
rely ) /3 r
i
it 6
G I
I � I
W
w
/
/
Y
w'S"
0
CL
Ali
CL
iL IR� I„
0
0
E
38
Packet Pg. 1629