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HomeMy WebLinkAbout04/23/2026 Agreement 1�I:Dual,w ;�1, i_r;uJi'„,aT,,Vrit I"IIi"IIS SII wiaq',P U C,II/uS tia �N)I 1111/1')ha�I'A1_, ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Contract with: Discount Rock and Sand, Inc. Contract 4 Effective Date: 4/7/2026 Expiration Date: 10/31/2026 Contract Purpose/Description: Demolition of derelict structure at 114 W Ave A, Key Largo on property acquired by the County through foreclosure auction. Contract is Original Agreement Contract Amendment/Extension Renewal Cynthia Guerra 305-453-8756 guerra-cynthiar;monroecounty-fl.gov Contract Manager: - (Name) (Ext.) Email Address CONTRACT COSTS Total Dollar Value of Contract: $ 20,100.00 Current Year Portion: $ 20,100.00 (must be$100,000 or less) (If multiyear agreement then requires BOCC approval, unless the;nU Lunnuq Ard aael [ ^N 00,00 00 0 dC'gN) Budgeted?Yes X No ❑ Grant: $ County Match: $ Fund/Cost Center/Spend Category: Fund 316 CC_23013 SC_00104 ADDITIONAL COSTS Estimated Ongoing Costs: $ 0 /yr For: (Not included in dollar value above) (e.g.maintenance,utilities,janitorial,salaries,etc.) Insurance Required: YES X NO ❑ CONTRACT REVIEW Christine Digitally signed by Reviewer Christine Hurley H u rl e Date:2026.04.23 Department/Office Director/ Signature: y 14:45:50-04'00' Assistant Director Jeni-Lee DigitallysignedbyJeni- Lee MacLaughlin County Attorney Signature: P.Aael Date:2026.04.07 14:390�ifWX6ned by Gaelan Gaelan P pJones Risk Management Signature: leR8 Date:2026.04.14 Julie E. Digitally iFe�2^YeE. Cuneo Purchasing Signature: r.,,n,,,, Date:2026.04.15 (email contracts@monroecounty-fl.gov) 12:33:27-04ro0' OMB Signature: AnrleliCd Digitally signed by A Y'I'a pv� �OMBmonroecoun - (email V� fl.gov) Malcosky 114:50:09-04'00'S Comments: Revised BOCC 11/12/2025 e ascdIIe l2/ 0 " 91111ara, c AGREEMENT FOR DEMOLITION, REMOVAL AND DISPOSAL 114 W AVENUE A, KEY LARGO This Agreement (hereinafter "Agreement") is made and entered into by Discount Rock & Sand, Inc. (hereinafter "Discount Rock & Sand"), a Florida for profit corporation, and Monroe County (hereinafter "County"), a political subdivision of the State of Florida. WHEREAS, the County has acquired certain lands through foreclosure auction; and WHEREAS, the Monroe County Comprehensive Plan Land Authority (hereinafter "Land Authority" is serving as the County's agent for the purpose of demolition of the structures on the acquired land; and WHEREAS, Discount Rock & Sand responded to a Request for Quotes issued February 23, 2026 by the Monroe County Land Authority for demolition and removal of all structures and general cleanup of a single lot site in the Key Largo Trail Village First Addition Subdivision, Key Largo, with the property address of 114 W Avenue A ("Demolition Quote"). A true and correct copy of the Demolition Quote is attached hereto and incorporated herein as Exhibit A; and WHEREAS, Discount Rock&Sand has agreed to provide services which shall include but not be limited to demolition, removal and disposal services. NOW, THEREFORE in consideration of mutual covenants and undertakings set forth herein, the parties do hereby agree as follows: 1. Authorization Limited to Subject Property a) The activities authorized by this Agreement apply only to the following property (RE, legal description, and address as follows): RE # 00461740-000000 Legal Description: Lot 3, Block 17 of Key Largo Trailer Village First Addition, according to the plat thereof, as recorded in Plat Book 5, page 55 of the Public Records of Monroe County. Address: 114 W. Avenue A, Key Largo, Florida 33037 hereinafter "Subject Property". b) This Agreement does not authorize any activity on any property other than the Subject Property and does not obligate the County to enter into similar agreements for other County properties. 2. No Work Authorized Except Under Specific Conditions a) Discount Rock & Sand shall maintain all necessary licenses, permits, or other authorizations necessary until the duties hereunder have been fully satisfied. b) Discount Rock & Sand shall not commence any work on the Subject Property without first obtaining a written Notice To Proceed from the Land Authority. Page 1 of 7 c) Discount Rock & Sand shall not commence any work on the Subject Property that is not in compliance with the rules and regulations of any applicable federal, state or local authority. Discount Rock & Sand shall be responsible for obtaining any and all approvals or permits required by said authorities, including but not limited to a Monroe County Demolition Permit. Permit fees must be paid by Discount Rock & Sand but will be reimbursed by the Land Authority. Discount Rock & Sand must provide copies of all required permits and approvals to the Land Authority prior to receiving a Notice To Proceed. d) During demolition activities, damage and/or removal to native habitat is to be avoided. Monroe County permit may be required for any necessary native or non-native vegetation removal. Proper disposal is required for any vegetation removed. e) All work shall conform to and be operated in conformance with OSHA safety requirements. f) Discount Rock & Sand shall maintain safe conditions at all times. Should the County consider the operations unsafe, the operations shall be suspended until the unsafe conditions have been corrected to the satisfaction of the County. g) Discount Rock & Sand shall implement dust and noise control measures as appropriate and ensure minimum interference with roads and traffic. h) Discount Rock & Sand shall commence permitted field work within five (5) to seven (7) days of receiving issued permits. Discount Rock & Sand shall complete all demolition activities within forty-five (45) days of receiving issued permits. If Discount Rock & Sand anticipates an inability to meet these deadlines due to circumstances outside of their control, then Discount Rock & Sand must submit in writing a request for an extension to the Land Authority. Within five (5) business days the Land Authority will respond with an approval, denial or request for additional documentation to support any extension. If Discount Rock & Sand fails to meet the forty-five (45) day completion deadline without an extension authorized by the Land Authority, then Discount Rock & Sand will be charged $50 per day in liquidated damages until the work is complete to the satisfaction of the Land Authority. 3. Scope of Work Subject to the conditions in Sections 1 and 2, the following activities may be authorized by a written Notice To Proceed issued by the Monroe County Land Authority: a) Demolition, removal and proper disposal of all buildings and structures (including but not limited to the buildings, porches, foundations, footers, fences, slabs, pavers, posts, mailbox, etc.). No crushing or burning is allowed on the Subject Property, all material must be hauled off the Subject Property and properly disposed of. b) Grading and backfill as necessary to leave the Subject Property in a clean and level condition. The finished grade must be consistent with the grading of adjacent upland parcels, avoiding any deviation greater than plus or minus two (2) inches of adjacent upland grade. The Land Authority will inspect the Subject Property within 21 days of the completion of work to verify no below-grade area or voids have occurred. Discount Rock & Sand shall be required to place additional fill as required by the Land Authority. Page 2 of 7 c) Disconnection of water and sewer as needed for the demolition, but in a condition that provides for re-connection at a later date for future redevelopment of the Subject Property. d) Electric utility disconnection at the Subject Property to include removal of any power poles and meters limited to the Subject Property. All utility and/or power poles that provide service to adjacent and nearby properties must remain in place and undisturbed. e) Removal and proper disposal of all trash, debris, and litter from the property. Any household hazardous waste or other hazardous materials found on the site must be handled in accordance with applicable State laws and regulations and disposed of in a facility licensed to accept hazardous materials. f) Proper abandonment of any septic tanks and any wells that may be found on the Subject Property. 4. Insurance Required To be eligible for award, Discount Rock & Sand must obtain and maintain at its own expense all insurance coverage specified herein. Discount Rock & Sand 's insurance must extend all required coverage to any Subcontractors engaged for the performance of work; or alternatively, Discount Rock & Sand shall be responsible for requiring all Subcontractors to obtain and maintain all coverage required by this section. Any deviation from these insurance requirements must be supported by an Insurance Waiver Form approved by the Monroe County Risk Manager. Insurance Waivers may be requested from the Risk Management Department: Tel (305) 292-3470; Email: risk mane emend monroecoun� Discount Rock & Sand will not be permitted to commence work (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the Monroe County as specified below. Discount Rock & Sand must submit satisfactory evidence of the required insurance coverage, either: a Certificate of Insurance; or a Certified copy of Discount Rock & Sand 's Insurance Policies. The County reserves the right, at its sole option, to require Discount Rock & Sand to produce a certified copy of any or all insurance policies required by the Agreement. At a minimum, all insurance policies maintained by Discount Rock & Sand or a Subcontractor must: (1) specify 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; and (2) include a waiver of subrogation rights held by Discount Rock&Sand 's insurer with respect to claims against the County, and its employees, officers and insurers that arise from any loss, liability, or obligation covered by Discount Rock & Sand 's insurance policies. Discount Rock & Sand shall be required to maintain all insurance required by this section throughout the entire Term of the Agreement. In the event Discount Rock & Sand or any Subcontractor fails to maintain all required insurance at any time during the Term of this Agreement, the County shall reserve the right to immediately terminate the Agreement or suspend all Work until the required insurance has been reinstated. Delays in completion of the Work arising from the failure of Discount Rock & Sand or Subcontractor to maintain the required insurance Page 3of7 shall not cause the extension of any deadlines specified in the Agreement. Discount Rock& Sand agrees to indemnify and hold harmless the County and the Land Authority from and against any and all increases in costs resulting from such delay, including delays attributable to a Subcontractor's failure to maintain required insurance. In the event of a claim, Discount Rock & Sand shall be responsible for payment of any deductible or self-insurance retention that may be reflected in the insurance policies maintained pursuant to the requirements of this section. The County's acceptance and/or approval of Discount Rock & Sand 's insurance policies shall not be construed as relieving or limiting any liability of Discount Rock & Sand that may arise from the performance of Work under this Agreement. Discount Rock & Sand shall be required to maintain the following insurance coverage: • Commercial General Liability: Discount Rock & Sand 's insurance policy shall cover, at a minimum, premises operations, personal injury (including death), property damage, products & completed operations, and blanket contractual liability. If coverage is provided on a Claims Made basis, Discount Rock & Sand 's policy must provide for claims filed during the term of this Agreement, and for twelve (12) months after its termination or expiration. Discount Rock & Sand 's policy shall be endorsed to name Monroe County Board of County Commissioners and the Monroe County Land Authority as Additional Insured. The minimum limits acceptable are: $500,000 Combined Single Limit (CSL). • Explosion, Collapse, Underground (XCU): As this Agreement contemplates performance of work involving demolition or blasting, Discount Rock & Sand 's general liability insurance must not exclude property damage caused by perils involving subsidence, earth movement(excepting earthquake), explosion, collapse, or underground property damage. • Worker's Compensation: Discount Rock & Sand 's insurance policy shall reflect coverage and limits sufficient to meet requirements of Chapter 440, Florida Statutes. In addition, Discount Rock & Sand shall maintain Employer's Liability Insurance with limits not less than: $500,000 bodily injury by accident; $500,000 bodily injury by disease (aggregate); $500,000 bodily injury by disease (per employee). If Discount Rock & Sand believes they are exempt from providing Worker's Compensation insurance under Florida law, the Discount Rock & Sand must obtain an approved Insurance Waiver form from the Monroe County Risk Manager. If the Discount Rock & Sand has been recognized by the Florida Department of State as an authorized self-insurer, the County may recognize and honor the Discount Rock& Sand 's status. Upon request, Discount Rock& Sand shall be required submit a Letter of Authorization from the Department, and may be required to periodically submit to the County current financial statements from the self-insurance fund. • Business Auto Liability: Discount Rock & Sand 's insurance policy shall provide coverage for all owned, non-owned, and hired vehicles used in the performance of work under this Agreement. Discount Rock& Sand 's policy shall be endorsed to name Monroe County Board of County Commissioners and the Monroe County Land Authority as Additional Insured. The minimum acceptable limit is: $300,000 Combined Single Limit (CSL). If Split Limits are provided, the minimum acceptable limits are: $200,000 per person; $300,000 per Occurrence; $100,000 Property Damage. Page 4 of 7 5. Additional Services If additional services are required, the Land Authority shall issue an email requesting and describing the requested services to Discount Rock & Sand. Discount Rock & Sand shall respond with a fee proposal to permit the requested services. An Amendment to this Agreement and a Notice to Proceed will be required to commence with additional services agreed on by both parties. 6. Acknowledgement and Assumption of Risk Discount Rock&Sand acknowledges that in the course of the work described above, Discount Rock& Sand might cause injuries, death, property damage, and/or other harm to third parties. Discount Rock & Sand accepts and voluntarily incurs all risks of any such injuries, damages, and/or harm which arise during, or result from this work. 7. Waiver and Release Discount Rock & Sand waives, releases, and forever discharges any and all claims against the Land Authority, Monroe County, and their officers, employees, volunteers, agents, and representatives (hereinafter collectively "Released Parties") for injuries, damages, losses, or claims arising from, or related to this work, whether known and unknown, including, without limitation, any and all claims, demands, rights and causes of action, that may be asserted in connection with actions or inactions of the Land Authority, Monroe County, and their agents and representatives. 8. Indemnification and Hold Harmless Discount Rock & Sand agrees to indemnify and hold the Released Parties harmless from all losses, liabilities, damages, costs or expenses (including but not limited to reasonable attorneys' fees and other litigation costs and expenses) incurred by any of the Released Parties as a result of any claims or suits brought against any of the Released Parties to recover any losses, liabilities, costs, damages, or expenses which arise during or result from this work, including, without limitation, any and all claims, demands, rights and causes of action, that may be asserted in connection with actions or inactions of the Land Authority, Monroe County, and their agents and representatives. 9. Payment The County shall pay Discount Rock and Sand for the demolition work based on the negotiated and agreed upon rate of$20,100 shown in Exhibit 1. Additionally, the County shall reimburse properly documented permit fees. With the exception of any additional services as provided for in Paragraph 5, the amount due by the county shall not exceed $20,100 plus properly documented permit fees. After the work has been completed, Discount Rock & Sand may invoice the County, subject to the following requirements: • Disposal receipts for all materials taken off site (demolition debris, vegetation, hazardous waste, etc.) must be included with the invoice. • Documentation of permitting fees (like copies of cancelled checks) must be included with the invoice. Page 5of7 • Discount Rock & Sand warrants that the invoice will be adequate and sufficient to document costs in a manner that is acceptable for payment by the County. • Discount Rock & Sand shall, without additional compensation, promptly correct any errors, omissions or deficiencies in the work product and invoice. Payment of the invoice is subject to closure of all required permits and a final inspection by the County or Land Authority. 10. Term and Termination a) The term of this Agreement shall expire October 31, 2026. b) Either party may terminate this Agreement upon thirty (30) days written notice to the other party. c) In the event Discount Rock & Sand is found to be negligent in any aspect of service under the Agreement, the County shall have the right to terminate this agreement after five (5) days' written notification. 11. Notice All notices shall be made in writing to the addresses below. Monroe County: Monroe County 1100 Simonton Street Key West, Florida 33040 Attention: Christine Hurley, County Administrator Land Authority: Monroe County Land Authority 1200 Truman Avenue, Suite 207 Key West, FL 33040 Attention: Cynthia Guerra, Executive Director Discount Rock & Sand: Discount Rock & Sand, Inc. 10500 Aviation Blvd. Suite 2 Marathon, FL 33043 Attention: Edilberto Lopez, President 12. Jurisdiction and Severability a) This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. b) In the event that any clause or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Agreement which shall continue to be enforceable. Page 6of7 IN WITNESS WHEREOF, Discount Rock&Sand and the County have caused this Agreement to be executed on their behalf by duly authorized representatives. Discount Rock&Sand, Inc. By: Edilberto Lopez, President 2 Signature Date Monroe County By: Christine Hurley, County Administrator Christine Digitally signed by Christine Hurley Date Hurley 114616204'003 4 Signature Date Approved as to Form and Legal Sufficiency Jeni-Lee MacLaun h�in Digitally signed by Jenl-Lee Macl-aughlin y Date:2026.04.22 09:2239-04'00' Jeni-Lee MacLaughlin, Assistant County Attorney Page 7of7 EXHIBIT A Lm))���I)ISCOUN IIIIIIIII 7 Estimate # 7497 Date 3/6/2026 ROCK & S A N D. "Ser° iy\ "'f-h e T forida Keys for- Mor,e a,.t.h yx 28 �'ea rsl' Florida Certified Contractor No.:CGC1528995 Phone 305-743-5680, Fax 305-289-4200 Specialty Hauler License No.: CD/SL 025 Email: accounting@discountrocksand.com Name/Address Job Site Address Prepared By: SR MONROE COUNTY LAND AUTHORITY 114 WEST AVE A CYNTHIA GUERRA KEY LARGO, FL VHBP Fair Housing Coordinator 102050 OVERSEAS HWY KEY LARGO, FL 33037 Qty Description Rate Total 1 SCOPE: Agree to furnish all equipment and labor as required to complete the 12,800.00 12,800.00 clearing of the above referenced site per details more specifically described below: LOT CLEARING AND DEMOLITION 1. Demolish, load, haul and dispose of all demolition trash and debris generated in the removal of all existing site improvements including the following: a. Remove& haul shrubs and trees as specified and tagged by the biologist of the county/city. 2. Leave site area clean and neat in appearance,free of all trash and debris generated by activities related to land clearing. 3. This quote is based off of building permit being issued allowing us to remove any invasive/native trees that are in building footprint. PAYMENT: 50% UPON SIGNING OF ESTIMATE 50% UPON COMPLETION (IF PAID WITH CREDIT CARD WILL ADD 3% TOTAL OF ESTIMATE FOR CREDIT CARD MERCHANT FEE) ESTIMATE IS VALID FOR 6 MONTHS ESTIMATE DOES NOT INCLUDE: 1.THE BIOLOGIST WHO PREPARED THE VEGETATION SURVEY MUST FLAG THE TREES IN WHICH WILL REMAIN AFTER THE LOT CLEARING. 2. CUSTOMER MUST VERIFY WITH CITY AND/OR COUNTY WHAT COURSE OF ACTION TO BE TAKEN SHOULD A NATIVE PLANT BE DISTURBED IN THE Subtotal Sales Tax(7.5%) Total ACCEPTANCE SIGNATURE: DATE: 10500 Aviation Blvd,Marathon,Florida 39@W Follow Us: www.DiscountRockandSand.com Lm))���I)ISCOUN IIIIIIIII 7 Estimate # 7497 Date 3/6/2026 ROCK & S A N D. "Ser° iy\ "'f-h e T forida Keys for- Mor,e a,.t.h yx 28 �'ea rsl' Florida Certified Contractor No.:CGC1528995 Phone 305-743-5680, Fax 305-289-4200 Specialty Hauler License No.: CD/SL 025 Email: accounting@discountrocksand.com Name/Address Job Site Address Prepared By: SR MONROE COUNTY LAND AUTHORITY 114 WEST AVE A CYNTHIA GUERRA KEY LARGO, FL VHBP Fair Housing Coordinator 102050 OVERSEAS HWY KEY LARGO, FL 33037 Qty Description Rate Total PROCESS OF CLEARING. WE ARE NOT RESPONSIBLE FOR THE EXPENSE OF REPLACING NATIVES DAMAGED BY CLEARING ACTIVITY. 3. PERMITS IF REQUIRED 4. PROTECTIVE BARRIERS, SILT FENCE, TURBIDITY BARRIER IF REQUIRED. 5.IF PAYMENT IS NOT RECEIVED IN A TIMELY MANNER ALL NOTICE TO OWNER/LIEN FEES WILL BE BILLED TO CUSTOMER. We are not responsible for any personal belongings that are left behind. If you want to keep any personal belongings they need to be removed by you before the job takes place. 1 SUB CONTRACTOR FEE . CAPPING OUT ELECTRIC, SEWER, HVAC, 800.00 800.00 PLUMBING. 1 DEMOLITION OF: CONCRETE DOCK AND DISPOSAL 6,500.00 6,500.00 Subtotal $20,100.00 1 FIND THE ABOVE SATISFACTORY AND AGREE TO PAY FOR SAME ON PRESENTATION OF STATEMENT AND FURTHER AGREE TO PAY REASONABLE CHARGES FOR COLLECTION Sales Tax(7.5%) $0.00 INCLUDING ATTORNEYS FEES IN THE EVENT OF MY DEFAULT. YOU ARE AUTHORIZED TO DO THE WORK SPECIFIED. PAYMENT WILL BE MADE AS OUTLINED ABOVE. Total $20,100.00 Christine Digitally signed by Christine Hurley H u rl e Date:2026.04.23 ACCEPTANCE SIGNATURE: Y 14:51:55-04'00' DATE: 10500 Aviation Blvd,Marathon,Florida 39@W Pollow Us: www.DiscountRockandSand.com