Item C25
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 20. 2009
Division:
Administration
Bulk Item: Yes ----X- No
Department: Project Management
Staff Contact PersonlPhone #: Jerry Barnett X4416
AGENDA ITEM WORDING: Approval of a contract with Ecoscapes LLC for landscaping and
irrigation at the Big Pine Key Fire Station.
ITEM BACKGROUND: After beginning construction at the Big Pine Key Fire Station, the Building
Department required us to provide additional landscaping to meet code. The construction contractor
proposed to complete the new design for a total of $35,890.00. Staff requested proposals from two
other landscaping contractors (proposals attached) with the lowest proposal from Ecoscapes LLC in the
amount of $24,999.78, which is below the dollar amount level for the competitive bidding process. The
construction contractor gave Monroe County a credit for the original landscaping and irrigation cost.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $24.999.78 Indirect Costs
BUDGETED: Yes ~No
COST TO COUNTY: $24.999.78
SOURCE OF FUNDS: Fund 308
REVENUE PRODUCING: Yes
No-X AMOUNTPERMONTH_ Year
APPROVED BY:
County A~ C OMB/Purchasing _ Risk Management _
Not Required_
DOCUMENTATION:
Included X
DISPOSITION:
AGENDA ITEM #
Revised 1/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Ecoscapes LLC Contract #_
Effective Date: OS/20/09
Expiration Date:
Contract PurposelDescription:
Contract for Landscaping and Irrigation at the Big Pine Key Fire Station
Contract Manager: Ann Riger WJ Facilities DeveVStop # 1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on OS/20/09 Agenda Deadline: 05/05/09
CONTRACT COSTS
Total Dollar Value of Contract: $ 24,999.78
Budgeted? Yes[gJ No 0 Account Codes:
Grant: $ N/A
County Match: $ N/ A
Current Year Portion: $ 24,999.78
308-26006- 560620-CP0802-530340
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ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Date In
Changes
Needed
YesO NoO ".
YON g/ f\,,)t ,,\\(' ,', ,"'/
:::~:~~
Date Out
Division Director
R~~ Manag!~t ~)cn 'i
O.M.B.IPu~aSing '5- ~ /cn
County Attorney 5' ~
Comments:
QMB Form Revised 2/27/01 MCP #2
CONTRACT
THIS AGREEMENT, made and entered into this 20th day of May 2009, by and between
the COUNTY OF MONROE, ("Owner"), and ECOSCAPES LLC ("Contractor"), for
landscaping at the Big Pine Key Fire Station.
That the parties hereto, for the consideration hereinafter set forth, mutually agree as
follow:
1. THE CONTRACT
The contract between the owner and the contractor, of which this agreement is a
part, consists of this agreement, the revised landscaping design by the Architect of
Record at the Big Pine Key Fire Station, and the proposal from Ecoscapes dated
March 25, 2009.
2. SCOPE OF THE WORK
To provide the Landscaping and Irrigation as described in the attached Exhibit
"A", with a one-year warranty at the Big Pine Key Fire Station.
4. THE CONTRACT SUM
The County shall pay to the Contractor for the faithful performance of said
service a total fee of Twenty Four Thousand Nine Hundred Ninety-Nine Dollars
and Seventy-Eight Cents ($24,999.78).
5. CONTRACTOR'S ACCEPTANCE OF CONDITIONS
A. The Contractor hereby agrees that he has carefully examined the site and has
made investigations to fully satisfy himself that such site is correct and a suitable
one for this work and he assumes full responsibility therefore. The provisions of
the Contract shall control any inconsistent provisions contained in the
specifications. All specifications have been read and carefully considered by the
Contractor, who understands the same and agrees to their sufficiency for the work
to be done. Under no circumstances, conditions, or situations shall this Contract
be more strongly construed against the Owner than against the Contractor.
B. The passing, approval, and/or acceptance by the Owner of any of the maintenance
services furnished by the Contractor shall not operate as a waiver by the Owner of
strict compliance with the terms of this Contract, and specifications covering the
services. Failure on the part of the Contractor, immediately after Notice to
Correct shall entitle the Owner, if it sees fit, to correct the same and recover the
reasonable cost of such replacement and/or repair from the Contractor, who shall
in any event be jointly and severally liable to the Owner for all damage, loss, and
expense caused to the Owner by reason of the Contractor's breach of this Contract
and/or his failure to comply strictly and in all things with this Contract and with
the specifications.
6. TERM OF CONTRACT
This contract shall be in effect beginning on Notice to Proceed to the Contractor.
Installation of all landscaping and irrigation shall be complete on or before the
substantial completion date of the Construction Contractor, and shall be under
warranty for 12 consecutive months after acceptance by the Owner.
7. HOLD HARMLESS
The Contractor covenants and agrees to indemnify and hold harmless Monroe
County Board of County Commissioners from any and all claims for bodily injury
(including death), personal injury, and property damage (including property owned
by Monroe County) and any other losses, damages, and expenses (including
attorney's fees) which arise out of, in connection with, or by reason of services
provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned
by the negligence, errors, or other wrongful act of omission of the Contractor or its
Subcontractors in any tier, their employees, or agents.
In the event the completion of the project (to include the work of others) is delayed
or suspended as a result of the Contractor's failure to purchase or maintain the
required insurance, the Contractor shall indemnify the County from any and all
increased expenses resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the
indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the
insurance requirements contained elsewhere within this agreement.
8. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement the Contractor is an
independent contractor and not an employee of the Board of County
Commissioners for Monroe County. No statement contained in this agreement
shall be construed so as to find the contractor or any of hislher employees,
contractors, servants, or agents to be employees of the Board of County
Commissioners for Monroe County.
9. ASSURANCE AGAINST DISCRIMINATION
The Contractor shall not discriminate against any person on the basis of race,
creed, color, national origin, sex, age, or any other characteristic or aspect which is
not job related, in its recruiting, hiring, promoting, terminating, or any other area
affecting employment under this agreement or with the provision of services or
goods under this agreement.
10. ASSIGNMENT/SUBCONTRACT
The Contractor shall not assign or subcontract its obligations under this agreement,
except in writing and with the prior written approval of the Board of County
Commissioners for Monroe County and Contractor, which approval shall be
subject to such conditions and provisions as the Board may deem necessary. This
paragraph shall be incorporated by reference into any assignment or subcontract
and any assignee or subcontractor shall comply with all of the provisions of this
agreement. Unless expressly provided for therein, such approval shall in no
2
manner or event be deemed to impose any obligation upon the board in addition to
the total agreed-upon price of the services/goods ofthe contractor.
11. COMPLIANCE WITH LAW
In providing all services/goods pursuant to this agreement, the contractor shall
abide by all statutes, ordinances, rules and regulation pertaining to, or regulating
the provisions of, such services, including those now in effect and hereinafter
adopted. Any violation of said statutes, ordinances, rules and regulations shall
constitute a material breach of this agreement and shall entitle the Board to
terminate this contract immediately upon delivery of written notice of termination
to the contractor. The contractor shall possess proper licenses to perform work in
accordance with these specifications throughout the term of this contract.
12. INSURANCE
Prior to execution of this agreement, and maintained throughout the life of the
contract, the contractor shall furnish to the Owner Certificates of Insurance indicating the
minimum coverage limitation as listed below:
A. General Liability - include as a minimum:
. Premises Operations
· Products and Completed Operations
· Blanket Contractual Liability
. Personal Injury Liability
· Expanded Definition of Property Damage
The minimum limits acceptable shall be $300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per person; $300,000 per Occurrence; and $50,000 Property
Damage.
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 months
following the acceptance of work by the County.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST
BE NAMED AS ADDITIONAL INSURED.
B. Vehicle Liability - include as a minimum:
· Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be $100,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be:
$50,000 per Person; $100,000 per Occurrence; and $25,000 Property
Damage.
3
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
MUST BE NAMED AS ADDITIONAL INSURED.
C. Workers Compensation -limits sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with
limits of not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be provided by a company or companies authorized to transact
business in the State of Florida and the company or companies must maintain
a minimum rating of A-VI, as assigned by the A.M. Best Company.
If the Contractor has been approved by Florida's Department of Labor, as an
authorized self-insurer, the County shall recognize and honor the Contractor's
status. The Contractor may be required to submit a Letter of Authorization
issued by the Department of Labor and Certificate of Insurance, providing
details on the Contractor's Excess Insurance Program.
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.
13. FUNDING AVAILABILITY
In the event that funds from Facilities Development are partially reduced or
cannot be obtained or cannot be continued at level sufficient to allow for the
purchase of the services/goods specified herein, this agreement may then be
terminated immediately at the option of the Board of County Commissioners by
written notice of termination delivered in person or be mail to the contractor. The
Board shall not be obligated to pay for any services provided by the contractor
after the contractor has received written notice of termination.
14. PROFESSIONAL RESPONSIBILITY
The Contractor warrants that it is authorized by law to engage in the performance
of the activities encompassed by the project herein described, subject to the terms
and conditions set forth in these contract documents The provider shall at all
times exercise independent, professional judgment and shall assume professional
responsibility for the services to be provided. Continued funding by the Owner is
contingent upon retention of appropriate local, state, and/or federal certification
and/or licensure of contractor.
15. NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and
hand delivered or mailed, postage prepaid, to the other party by certified mail,
returned receipt requested, to the following:
4
FOR COUNTY
Monroe County Facilities Development
1100 Simonton Street Rm 2-216
Key West, FL 33040
FOR CONTRACTOR
Ecoscapes
1120 Seminary Street
Key West, FL 33040
16. CANCELLATION
In the event that the contractor shall be found to be negligent in any aspect of
service, the County shall have the right to terminate this agreement after five days
written notification to the Contractor.
17. GOVERNING LAWS
Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for
the enforcement or interpretation of the agreement, the County and contractor
agree that venue will lie in the appropriate court or before the appropriate
administrative body in Monroe County, Florida.
The County and Contractor agree that, in the event of conflicting interpretation of
the terms or a term of this agreement by or between any of them the issue shall be
submitted to mediation prior to the institution of any other administrative or legal
proceeding.
18. RECORDKEEPING
Contractor shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted
accounting principles consistently applied. Each party to this Agreement or their
authorized representatives shall have reasonable and timely access to such records
of each other party to this Agreement for public records purposes during the term
of the Agreement and for four years following the termination of this Agreement.
If an auditor employed by the County or Clerk determines that monies paid to
Contractor pursuant to this Agreement were spent for purposes not authorized by
this Agreement, the Contractor shall repay the monies together with interest
calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid
to Contractor.
19. SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application
thereof to any circumstance or person) shall be declared invalid or unenforceable
to any extent by a court of competent jurisdiction, the remaining terms, covenants,
conditions and provisions of this Agreement, shall not be affected thereby; and
each remaining term, covenant, condition and provision of this Agreement shall be
valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
5
Agreement would prevent the accomplishment of the original intent of this
Agreement. The County and Contractor agree to reform the Agreement to replace
any stricken provision with a valid provision that comes as close as possible to the
intent of the stricken provision.
20. ATTORNEY'S FEES AND COSTS
The County and Contractor agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees, and court costs, as an award against the
non-prevailing party, and shall include attorney's fees, and court costs in appellate
proceedings. Mediation proceedings initiated and conducted pursuant to this
Agreement shall be in accordance with the Florida Rules of Civil Procedure and
usual and customary procedures required by the circuit court of Monroe County.
21. 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.
22. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary
County and corporate action, as required by law.
23. CLAIMS FOR FEDERAL OR STATE AID
Contractor and County agree that each shall be, and is, empowered to apply for,
seek, and obtain federal and state funds to further the purpose of this Agreement;
provided that all applications, requests, grant proposals, and funding solicitations
shall be approved by each party prior to submission.
24. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
County and Contractor agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of
each of the parties. If no resolution can be agreed upon within 30 days after the
first meet and confer session, the issue or issues shall be discussed at public
meeting of the Board of County Commissioners. If the issue or issues are still not
resolved to the satisfaction of the parties, then any party shall have the right to
seek such relief or remedy as may be provided by this Agreement or by Florida
law.
25. COOPERATION
In the event any administrative or legal proceeding is instituted against either
party relating to the formation, execution, performance, or breach of this
Agreement, County and Contractor agree to participate, to the extent required by
6
the other party, in all proceedings, hearings, processes, meetings, and other
activities related to the substance of this Agreement or provision of the services
under this Agreement. County and Contractor specifically agree that no party to
this Agreement shall be required to enter into any arbitration proceedings related
to this Agreement.
26. NONDISCRIMINATION
County and Contractor agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred, this Agreement
automatically terminates without any further action on the part of any party,
effective the date of the court order. County or Contractor agree to comply with
all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VI of the Civil
Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of
race, color or national origin; 2) Title IX of the Education Amendment of 1972, as
amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination
on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended
(20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The
Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on
the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616) as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism;; 7) The
Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and
290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent
records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.) as
amended, relating to nondiscrimination in the sale, rental or financing of housing;
9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 NoteO, as maybe
amended from time to time, relating to nondiscrimination on the basis of
disability; 10) Any other nondiscrimination provisions in any federal or state
statutes which may apply to the parties to, or the subject matter of, this
Agreement. Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on
the basis of race, color, sex, religion, disability, national origin, ancestry, sexual
orientation, gender identity or expression, familial status or age.
27. COVENANT OF NO INTEREST
County and Contractor covenant that neither presently has any interest, and shall
not acquire any interest, which would conflict in any manner or degree with its
performance under this Agreement, and that only interest of each is to perform
and receive benefits as recited in this Agreement.
28. CODE OF ETHICS
County agrees that officers and employees of the County recognize and will be
required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statues, regarding, but not
limited to, solicitation or acceptance of gifts; doing business with one's agency;
7
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
29. NO SOLICITATION/PAYMENT
The County and Contractor warrant that, in respect to itself, it has neither
employed nor retained any company or person, other than a bona fide employee
working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a
bona fide employee working solely for it, any fee, commission, percentage, gift,
or other consideration contingent upon or resulting from the award or making of
this Agreement. For the breach or violation of the provision, the Contractor
agrees that the County shall have the right to terminate this Agreement without
liability and, at its discretion, to offset from monies owed, or otherwise recover,
the full amount of such fee, commission, percentage, gift, or consideration.
30. PUBLIC ACCESS
The County and Contractor shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters or other materials in its possession or
under its control subject to the provisions of Chapter 119, Florida Statues, 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.
31. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 286.28, Florida Statues, 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.
32. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws,
ordinances, and rules and pensions and relief, disability, workers' compensation,
and other benefits which apply to the activity of officers agents or employees of
any of any public agents or employees of the County, when performing their
respective functions under this Agreement within the territorial limits of the
County shall apply to the same degree and extent to the performance of such
functions and duties of such officers agents, volunteers, or employees outside the
territorial limits of the County.
33. LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not
intended to, nor shall it be construed as, relieving any participating entity from
any obligation or responsibility imposed upon the entity by law except to the
extent of actual and timely performance thereof by and participating entity, in
8
which case the performance may be offered in satisfaction of the obligation or
responsibility. Further, this Agreement is not intended to, nor shall it be
construed as, authorizing the delegation of the constitutional or statutory duties of
the County, except to the extent permitted by the Florida constitution, state
statute, and case law.
34. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of the
Agreement to enforce or attempt to enforce any third-party claim or entitlement to
or benefit of any service or program contemplated hereunder, and the County and
the Contractor agree that neither the County nor the Contractor or any agent,
officer, or employee of either shall have the authority to inform, counsel, or
otherwise indicate that any particular individual or group of individuals, entity or
entities, have entitlements or benefits under this Agreement separate and apart,
inferior to, or superior to the community in general or for the purposes
contemplated in this Agreement.
35. ATTESTATIONS
Contractor agrees to execute such documents as the County may reasonably
require, to include a Public Entity Crime Statement, An Ethics Statement, and a
Drug-Free Workplace Statement.
36. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of Monroe County
shall be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
37. EXECUTION ON 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 any of the parties hereto may execute this Agreement by signing
any such counterpart.
38. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this
Agreement and will not be used in the interpretation of any provision of the
Agreement.
39. CONTINGENCY STATEMENT
Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the Monroe County Board of County
Commissioners.
9
40. Contractor shall provide a 12 consecutive month warranty after acceptance by the
owner keeping the landscaping alive and the irrigation system working. Contractor
shall not be responsible for loss or damage caused by factors or circumstances
beyond contractor's control including, but not limited to, acts of God, floods, fire,
damaging winds 45 MPH or greater, and physical damage to plantings as a result of
actions by County employees due to mowers, weed trimmers, or damage by animals
or by vehicles other than vehicles owned and operated by the landscaping contractor,
subcontractors, or other under the supervision or control of the landscaping
contractor.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day
and date first written above and is executed in at least four original copies of which one is
to be delivered to the Contractor, and the remainder to the Owner.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
By:
Deputy Clerk
Date:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
CONTRACTOR
ECOSCAPES
By' ~----::::>
. Evan Bell
Title:.1F'~.
MONROE COUNTY ATTORNEY
APPROVED AS TGf FO~:
~~~V,~~
ATILEENE W CA..:.SEL
ASSISTANT COUNTY ATTORNEY
Date 0/ y ) j)1
10
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
t VA;..! Z~l/
warrants that he/it has not employed, retained
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No.1 0-1990. For breach or violation of this provision the County
may, in its discretion, tenninate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid !o the former County officer or employee.
~
~) ! (signature)
Date: L( _6 q
I (
STATE OF 7]{)e,{)!f
COUNTY OF f'110j1/1' () t,
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
C l/ A AI' 'X,< II who, after first being sworn by me, affixed JHsI.fter
JT
signature (name of individual signing) in the space provided above on this / day of
V.
,2021.
My commission expires:
I) ......
..... ...... . ... " ......
. . .,e--'1Ir. ,....It.
, " . COIIll"lJJlIOll , DO 1'f1782
'n.Il Bonded ThrougIl NallonII Notay
OMB - MCP FORM #4
11
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit a
bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real
property to public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity in excess
of the threshold amount provided in Section 287.017, for CATEGORY
TWO for a period of 36 months from the date of being placed on the
convicted vendor list."
12
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
-tVOEC~*~
(Name 0 Busl ess)
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that
will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance
programs, and the penalties that may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are under bid a
copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the
commodities or contractual services that are under bid, the employee will abide by the terms of the
statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any
violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any
state, for a violation occurring in the workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation
program if such is available in the employee's community, or any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this
section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
~
Bid;rFru~'
Date
OMB - MCP#5
13
EXHIBIT "A"
Big Pine Fire Station Proposal
Big Pine, 33040 3/25/2009
Qty. Botanical Name Common Name Specifications Each Totals
Trees and Palms
16 Sabal palmetto Cabage Palm 16-24' $ 233.75 $ 3,740.00
6 Chrysophyllum oliviforme Satin Leaf 10-12' ph $ 220.00 $ 1,320.00
4 Swietenia mahogani Mahogany 10-12' 1.5"caliper $ 220.00 $ 880.00
4 Coccoloba diversifolia Pidgeon Plum 10-12' ph. 1.25" cal $ 220.00 $ 880.00
11 Thrinax radiata Green Thatch Palm 4-5'ph $ 206.25 $ 2,268.75
5 Eugenia foetida Spanish Stopper 5-6' ph $ 151.25 $ 756.25
Shrubs
8 Guapira discolor Blolly 42" ph. 15 gal. $ 79.50 $ 636.00
2 Coccoloba uvifera Seagrape 42" 7gal. $ 39.75 $ 79.50
14 Serenoa repens 'Silver' Saw Palmetto 7 gal. 20" $ 132.50 $ 1,855.00
17 Zanthoxylum frarara Wild Lime 3 gal. $ 15.90 $ 270.30
10 Marica cerifera Wax Myrtle 3 gal. $ 13.25 $ 132.50
53 Byrsonima lucida Locust-berry 3gal. $ 21.20 $ 1,123.60
14 Sophora tomentosa Necklace Pod 18" min $ 13.25 $ 185.50
9 Tournefortia gnaphalodes Sea Lavender 14" $ 31.80 $ 286.20
29 Suriana maritima Bay Cedar 1 gal. $ 31.80 $ 922.20
13 Muhlenbergia capillaris Muhly Grass 3 gal. $ 13.25 $ 172.25
77 Bo"ichia frutescens Sea Oxeye Daisy 1 gal. $ 5.30 $ 408.10
137 Hymenocallis latifolia Spider Lily 1 gal. $ l..&.'83 $ 907.63 !
Sod ~/~j5
2 Sf. Augustine 'Floratum' 500 sq. palet $ 318.00 $ 636.00
Plant Material $ 17,459.78
Misc. ITEMS Landscape
10 rdl Planting mix; $ 39.20 $ 392.00
8 Mulch 2" min. thickness $ 216.00 $ 1,728.00
Irrigation System- Plumber to install back flow preventer
1 See detail proposal $ 5,420.00 $ 5,420.00
Total Landscape Proposal $ 24,999.78
Payment Schedule
50% Upon Commencment
Reminder upon completion
mailing:
1120 seminary sl.
key west fI, 33040
litr
~~~K41NS
naCivc cdribbc,Hl (}i1'dcns
Blue_bland
PROPOSAL
&
CON T RAe T
lANDSCAPE liGHTING. IRRIGATION' CONSULTATION' INSTAllATION. SERVICE
3255 Flagler Ave, SUite 307 I Key West. Flonda 33040
305293,8444 I fax 3052968455 I mobile 305,5220617 I w_.blueislandlnc.net
LIe No. 3203
PROPOSAl- SIJ8MITTED TO
PHONE
DATE
Ecoscapes Aft": Evan
STREET
3/31/09
PROJECT NAME
1120 Seminary St
CITY, STATE AND ZIP CODE
Kev West, FL 33040
ARCHITECT
Big Pine Fire Station
LOCATION
We hereby submiJ specifications and estit1UJus for:
Irrigation
;\bv0$ COlIOlv
~'"'-
."Ii Q3Al3:l:ld
1\PR 02 2009 . :)WU
600l 6 0 ~dV
~:eWd>
AlunOo eoJUOWv~
I'ME: , ~
t:C'E"/ED BY; >>~
1 Rainbird ESP 12 station controller
1 Ralnbird ralnswilch
4 Rainbird l' - 24 volt vafves
330 Feet 1. PVC SCD 40 mainline
380 Feet wiring
AI drip Irrigation
2 Valve boxes
1. backflow preventer by others
l' Meter by others
AI SCD 40 PVC pipe
Electrical hookup by others
Water source by others
Exact quantity of materials used may differ at time of InstaJation
Proposal is for 100"10 controled coverage of areas
One year 100% complete warranty
Permit Included
Sleeves Included. Notice must be received before paving, compactilg
or pIaclng of sub base
We f1"'OPOU /0 complete in accordance with abo,e spedjlcatiotu, for 1M sum of:
PAYMENT TO BE MADE AS FOLLOWS: DOLLARS S 5,420.00
50% down, remainder upon completion
".,f other lrade< hold up linal adjustments for completion of our work it is agreed upon that 5% of
lhe toial contract can be withheld from paymenl unlil adjustments are completed, All material i.
guamnteed to be as specilied, All wOlt to be completed in a wOltmanlike manner according to
slan<!ard practices. Any aJterntion or deviation from above ..pecilicalions involving extra costs will be
executed only upon wrillen order>. and will become an extra charge over and above the estimate and
contract a, agreed herein. All agreement. contingent upon strikes. accident, or delays beyond our
control. Owner to cany lire, windstonn and other necessary insur.mce. Our wOlter< are fully covered
by WOlker ',S Compensation Insurance.
Ck$~
Richard T. DeKeyser, Authorized SiRnomre
TERMS AND CONDITIONS: This proposal may be wltbdrawn If not accepted wlthln....Ia..days
WARRANTY: 1be proposed system shall provide a 12 month uncondilional warranty as to the quality of material and workmanship. Altemlions perfonned
by parties other than Blue Island Lighting & Irrigation voids all warranty under this agreement
In sys1ems where a lake or well is the primary water source, foreign debris introduced inlD the sy,stem which result. in prime loss or in any manner
compromises the efficiency of the system shall not be covered under this warranty.
Ownership of the above equipment and materials .shall remain in the Seller's name. and title is hereby retained until same is fully paid for in accordance
with the schedule of payments sel forth herein. In the event payment is nO( made within the time and manner o;et forth herein, the Seller, as its option, may
remove said equipment and materials in partlwhole and take pDS.,ession whether or not same ha.s been pennanently allaChed or affixed lD the realty.
Any p'dyment which is not made within lO days of the date due shall accrue interest at the rdle of 1-1/2% per month.
All invoices are due and payable upon receipt. If we have not received payments within ten (10) days after receipt of invoice. we shall have the option of
pulling off of the job, without charge 10 us, unles.s we receive satisfactory p'dymenl.
Purchaser agrees [0 P'dY Seller reasonable aaomey's fees and costs if necessary to enforce collection or lD enforce any of the tenns of this Agreement, whelher
suit is instituted or not and. if instituted. through appeal.
ACCEPTANCE OF PROPOSAL The above prices,specilications and
conditions are satisfactory and are hereby a.:cepted, You are aulhoriled to
do the wOlt as specified, Payment will be made as outlined above and tbis
pro"",al becomes a contract upon acceptance.
Signature:
Date of Acceptance:
Signature:
APR-9-2009 1~:24A FROM:ECOSCAPES/IDG INC.
13052942915
TO: 2954321
P.3
~ OLD DOMINION
~ INSURANCE COMPANY
.... Touchton Aaad &est, St.. )3()0
P.O. Box 16100. Jacksonville. FL 32245.8100
feleptlone: 1.9Gt-642.3ODO I 1.aao..ne.oa7s
INSURED
CONTRACTORS POUCV DECLARATIONS
NameClln.ured and Mailing Addrns
eCOSCAPES LLf;
1120 SEMINARY STREET
KEY WEST, F~ 53840
Agent ATLANTIC-PACIFIC INS CL se ProCluc8rCocIe: 094025003
AGENT PHONE : 866 908 664.
POLICYHOLDER INFORMATION
Pollcr Number. "P669520
Account Number: CACG69520
Namecllnaureds Business:
Entity:
Policy Term:
Effective:
Expl...uon:
LANDSCAPE SARD&NING
LIN LIAI CO
12
04/01/09
04/01/10
(12:01 A.M. Standard Time at the addre8s
of the Named Insured stated above)
In return for Ihe payment of the premium and subject to all the terms of thla polley, we agree wl1h you to provide
the insurance as stated in Ihis policy. See the attached schedules for Description of Premises, Property Coverage,
OPtional Coverages, Forms and Endorsements applying to this policy and Mol1gagee Schedule If applicable.
BUSINESSOWNERS LIABILITY COVERAGE LIMITS OF INSURANCE
Liability & Medical Expenses. each occurrence . 1 tOO 0 , 0 D 0
Personal and Advertising Injury Limn . 1 ,000,000
Products-COmpleted Operations Aggregate Limit . 2 , 000 , 0 0 0
General Aggregate Limit 0 2 , 00 0 , 000
Fire Legal Liability - anyone fire or explosion . 500 , 000
Medicallixp8nllB Um" - per per50n . 1 0 , 000
Business Liability Bnd Medical Expense: Except for FIr. Legl' Lllblllty, each paid claim for the above cover.
ages reduces the amount of Insurance we provide durlng the applicable annual period. Please refer to
section D.... of the Buslnessowners Liability Coverage Form.
For policies subject to premium Budlt: Annual Audit Applies,
Co.~.rcial Inland Marine Coverage Part
.
642
Estimated Annual Premium:
Fl RECOUPMENT;
TOTAL PREMIUM AND CHARGES
. 1,809
. 130.74
. 2,581.74
Countersigned:
$4-5470 (7/01)
By:
02/03/09 RENEWAL
BW
APR-9-2009 ~P:24A FROM:ECOSCAPES/IDG INC.
13052942915
TO: 2954321
P.2
2008 I 2009
MONROE COUNTY BUSINESS TAX RECEIPT
EXPIRES SEPTEMBER 30, 2009
RECEIPTN 30140-93068
Corp. Name: ECOSCAPES LLC
Owner Name; EVAN BELL
Mailing Address: 1120 SEMINAAY ST
KEY WEST, FL 33040
BusIness location:
MO CTY
KEY WEST, FL 33040
305-294-2168
CONTRACTORS
(LANDSCAPING)
Business Phone:
BusIness Type:
Machlnu
0/0
Stall.
o
Room.
COMP CARS
r
'Number or MachInes:
ax Amount Transfer Fee
$2.0.00
PAID-tOA-01-Dooosa02 Dq/l~/20Da 20.00
THIS RECEIPT MUST BE POSTED CONSPICUOUSL V IN YOUR PLACE OF BUSINESS
THIS a~OMES A TAX RECEIPT
WHEN VAUOATED
DonlM I). "~"rlquU, C'C. Tax Collector THIS IS ONLY A TAX. yOU MUST
PO Box 1129. Key West, FL 33041 MEET ALL COUNTY AND/OR
MUNICIPALITY PLANNING AND
ZONING ReQUIREMENTS.
\........
-..,;
'09/14/2008 22:39 3052581381
- - -
-=- ., -r- '::--...--::- .... -..... _._
0Iw ~ h /Jtsipt;/ to Mid A'rI Pro/JIm
September 1$, 2008
Pedro FaJcoa EIoctricaJ Con1ractors
31160 A VClIIUC C
BI, Pine Key, Fl. 30587
Aun: Mr. Ken Bralcr
DeIr Mr. ByaJer.
/vELROSE f'.lRSERY
PAGE 02
Jobo C. Pritt
NURSERY, INe.
1!II.1VS
~f/Ut~ S~
DESIGNS · LAWNS · HEDGES · TREES
26100 S.W. 112th Avenue · HolnCStUd, Florida 33032
Phone (305) 258-3-411 · Fa: (3OS) 2S8-138J
We 8Il' hcrcwidt submittin, revised proposal to provide landscaping for the Monroe County Fire
Station # 131ocoatcd OIl all Pine Key, Florida.
Total revised proposal accordina to ~ised landscape plans prepared by William P. Hom architect,
with latest rwvmOOl dated March 6, 2008 - $ 35,890.00.
TocaJ amount of oriafnal proposal ftom our company for landscapins dated September 18, 2007 _ $
13,950.00 which will serve as a deduot - total net increase in landscapina based upon above revised
plans. S 2J,937.oo.
As indicated in OW' oriainal proposal of September 18, 2001, above proposal would include delivery
and inItallation of.1I requested plant material, sodding, mulch cover for ncwly planted areas, plantina
soil, guying and bncinS of larae trees and palms and removal of all debris caused by our work from
site.
Our proposal would not include any inigatJon system. removal of existing trws or palms prior to
installation of new palms, removal of asphaJt pavements or sidewalks or removal of construction
debris.
Thanking you fur this inquiry and hoping to be of future service, we remain
Very truly yours,
MELROSE NURSERY,INC.
.
Mama's Garden Center
Proposal for
Monroe County Fire Station # 13
III Overseas Hwy. ' ..n q Big PJRe Key, FL
.... 8.5,... loa ~ Mard> 16, 2009
Roddand Key, FL 33 .'
o _....~ 0
T..... and Palma
Botanical Name
J19
-J6
~
Sabal Palmetto
Chrysophyllum OIivlfonne
Swietenia Mahogoni
CoccoIoba Diversifolia
Thrinax Radiata
Eugenia Foetida
ShruM and Groundcovere
Botanical tame
v fl6 PIsonla DIacoIor
jv ~7 CoccoIoba Uvifera
JA i Serenoa Repens
n9 Zanthozylum Fagara
V;.2 Marica Cerifera
Byrsonima Lucida
Sophora TomentOl8
~ Arguala Gnaphalodea
Suriana Maritima
-.J(1~ Muhlenbergia Capillaria
-J 87 Bonichi8 Frutescens
~ 39 Hymenocallis Latifofla
~
Other
Qty
T..... to be rwmoved
3 Planting Soil
4 Mulch
1 Fertilizer
Add Sod over all swales
Trees and Plants
Additional Items
Delivery
Removals
Debris Removal
Labor for plantings
Common Name
SabalPalm
Satinleaf Tree
Mahogany
Pigeon Plum
Thatch Palm
Spanish Stopper
Common tame
BloRy
Sea Grape
Saw Palmetto
Wild Lime
Wax Myrtle
Locust Beny
Necklace Pod
Sea Lavender
Bay Cedar
Muhly Grass
Sea Oxeye Daisy
Keys Uly
3 truckIoada (18 yard)
4 truckloads (18 yard)
Monroe County
Facilities Development
MAR 1 ti\ iJD9
~,. ~
RECEIVED BY:
S IfIcallons
Unit Price Total Price
16' to 24' overall; palms to be staggered in
height, single Palm to be 20' OA $ 275.50 $ 5,234.50
15' - 0" OC $ 652.50 $ 3,915.00
16 -18',3" DBH; Field Grown $ 522.00 $ 2,088.00
16 -18',3" DBH; Field Grown $ 652.50 $ 2.610.00
5-8'; FG $ 435.00 $ 6,090.00
10-15'; FG $ 652.50 $ 3,915.00
$ubtoml $ 23,852.50
S lflcatlona Unit Price Total Price
42"; 7 gal minimum $ 72.50 1,160.00
42"; 7 gal minimum $ 43.50 S 87.00
24 - 36" spread; 15 gal minimum $ 217.50 $ 3,697.50
36" OC; 3 gal $ 21.75 $ 413.25
36" OC; 7 gal $ 43.50 $ 522.00
36"; 7 gal $ 101.50 S 5,887.00
18 - 24"; 3 gal $ 17.40 S 400.20
1 gal minimum $ 29.00 $ 261.00
24"; 3 gal $ 29.00 S 1,015.00
1 gal $ 5.60 S 75.40
1 gal S 5.60 S 504.60
3 gal $ 17 .40 $ 2,418.60
$ubtotlll $ 16,441.55
50150 mix
EucalyptUl mulch
Multlcote4/ Osmocote
Unit Price Total Price
$ 800.00 $ 2,400.00
$ 680.00 S 2,720.00
$ 73.00 S 73.00
$ S
$ubtotlll $ 5,193.00
$ 40,294.05
$ 5,193.00
S 600.00
included
$ 46,087.05
$ 3,411.53
$ 41,498.51
To be detennined and added at later date
Total
Sales Tax
Grand Total
Deposit - 50%
Balance due upon completion