Item C49BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October I7.2012
Division: _ 'neering/Public
Works
Bulk Item.: Yes X No —
Department:
En'meering
Services
Staff Contact Person/Phone #: Judy Clarke X4329
AGENDA ITEM WORDING: Approval of Change Order #1 to the contract with American Bridge
Company for the Tom's Harbor Channel Bridge Repair project to increase the contract amount by
$218,414.55 for increased scope of work.
ITEM BACKGROUND: As a result of increased concrete spalling conditions on the Tom's Harbor
Bridge Repairs project, American Bridge Company is unable to make required spall repairs within the
original Contract Plans quantity. The revised spall quantities were calculated and agreed upon by
Monroe County's Construction Engineering and Inspection (CEI) consultant for this project. The cost
was calculated using the contract unit price for spall repair. This change order reflects the revised
quantities and is 11.94°/a of the original contract price.
PREVIOUS RELEVANT BOCC ACTION: On March 21, 2012, the BOCC approved to execute a
contract with American Bridge Company for the Tom's Harbor Bridge Repairs project. On January 20,
2012 the BOCC approved to reject two bids that were more than 400/a greater than the construction
estimate and re -advertise.
CONTRACT/AGREEMENT CHANGES: Increase contract cost by $218,414.55 with no increase
in contract time.
STAFF RECOMMENDATIONS: Approval as requested above.
TOTAL COST: $218A 14.55 INDIRECT COST:. 11. , , BUDGETED: Yes X No ,
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: $218.414.55 SOURCE OF FUNDS: Fund 102 and FDOT JPA
REVENUE PRODUCING: Yes No _ X AMOUNT PER MONTH—.,.--- Year
it&
APPROVED BY: County Attr T- OMB/Purchasing Risk Management
tqk-
DOCUMENTATION: Included X _ Not Required--.
DISPOSITION•-- AGENDA ITEM #
Revised T09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: American Bridge Contract #
Company Effective Date: 3/2I112
Expiration Date: 2/6/13
Contact Purpose/Description:
Change Order #1 to increase contract amount by $218 414.55 for additional sWI repair
on the Tom's Harbor Channel Bridge Repair Project.
Contract Manager: AWy Clarke 4329 En 'neeri #1
(Name) (Fart) (Department(Stop # )
fnr BOCC
d/17/12
Deadline: 1 Q/2/2U12
CONTRACT COSTS
Total Dollar Value of Contract: $ 2,048,414.55 Current Year Portion: $ 1,418,414.55
Budgeted? Yes® No ❑ Account Codes: f -.a
Grant: $ I ffl4,943 _
County Match: $ 443,471.55
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For.
(Not included in dollar value abovel fro ffminfMnwft r
CONTRACT REVIEW
Changes
Date In � �;� R ew
Division Director L �L- Ayes[] No ] .
Risk Management
O.M.BJPurc using r = -AZ, Yes[]Noy
County Attorney JD Cal Yes[]No® ux
Comments:
Date Out
���..C.
�1
m
MONROE COUNTY ENGINEERING
CONTRACT CHANGE ORDER
PROJECT TITLE: Tom's Harbor Bridge Repair Project
CHANGE ORDER NO: 9
INITIATION DATE:1014142
TO CONTRACTOR: CONTRACT DATE: 3121M2
The Contract is changed as follows:
The original Contract Sum.....................................................................$1,830,000.00
Net change by previously authorized Change Orders .......................................
.....$ 0.00
The Contract Sum prior to this Change Order was......................................$1,830,000.00
The Contract Sum will be changed by this Change Order................................$218,414.65
The new Contract Sum including this Change Order is................................$2,048,414.65
The Contract Time will be Increased by............................................................0
Days
The date of Substantial Completion as of the date of this Change Order is
.............. 2/6/13
Detailed description of Change Order and justification:
As a result of increased concrete spalling conditions, additional spell repair quantities are required to
repair the bridge to an acceptable condition. Spell quantities were recalculated to a revised quantity of
202.89 cubic feet The original bid quantity was for a total of 40.6 cubic feat. As a result, time and
materials were Increased from the original bid amount and are included in this Change Order as follows:
Original bld amount of spail repair @ $1,345.00/cf = ($ 64,607.00)
Revised amount of spall repair @ $1,345.00/d = $ 273.021.55
Net Amount of this Change Order = $ 218,414.55
CONTRACTOR:
IJ
American Brier'" " ate
ENGINEERING SERVICES DIRECTOR:
JVM S. Clarke, P.E. t8
PUBLIC WORKS & ENGINEERING DIVISION DI ECT R:
K in son, P.E. Date
COUNTY/DEPUTY ADMINISTRATOR
MONROE COUNTY ATTOY
,,APPROVED AS TO FORM:
CH ISTIN IMBERT BA RO�WSS�
ASSISTANT COUNTY ATTORNEY
Date A.
American
REEDSPORT
Bridge
October 4, 2012
5430 West Tyson Avenue
Tampa, FL 33611
8131254-4127
Monroe County
Fax:813/259-4754
1100 Simonton Street
www.americanbridge.net
License # CGC057903
Key West, FL 33040
Attention: Mr. Clark Briggs
Reference: Change Order #001: Spall Repair Quantity Increase
Dear Mr. Briggs,
Reference is made to the mutually signed contract dated March 21, 2012 regarding
the Monroe County Bid Form. The specified quantity for Item # 401-70-3 is 40.6CF on
the executed bid document. American Bridge and AMEC Engineering Representative
Anthony Graves recalculated the total cubic feet of spall repair to complete the
activity at a total revised quantity of 202.99CF. American Bridge is requesting a
Change Order in the amount of $218,414.55 which can be billed against in the
October Pay Application. Attached to this document is a spreadsheet detailing each
of the repairs.
Description Unit Rate Total Value
1. Original Cost for Item 401-70-3 Spall Repair $1,345.00 ($54,607.00)
2. Revised Cost for Item 401-70-3 Spall Repair $1,345.00 $273,021.55
Total Cost of Change Order $218,414.55
Please let me know should you have any further questions or comments regarding
this matter.
Sincerely,
PITTSBURGH
IoeJL5�
ORLANDO
William Campbell
TAMPA
Project Manager
WILLfAMSBURG
American Bridge
LOS ANGELES
CC: Hank Van Zuthem
SAN 1 RANCISGO
Dave Romano
Eddie Abonce
GHICAGO
NEW YDRK
Attachments: 3 Pages (Spreadsheet-3 Pages)
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Section 00500
Standard Form of Agreement
Between owner and Contractor
Where the basis ofI)gy tent is a .S77PULA1 ED SUA9
AGREEMENT
Made as of theQ[* day of 11 tiar(*in the year of Two Thousand and Twelve.
BETWEEN the Owner:
And the Contractor:
Monroe County Board of County Commissioners (''BOCC")
1 100 Simonton Street
Key West, Florida 33040 ("Owner")
American Brid,,e Company
5430 West Tyson Avenue
Tampa, Florida ("Contractor'')
For the following Project: Tom's Harbor Channel Bridge Repair
Duck Key
Monroe County. Florida
Oversight for Owner: AMEC Environment & Infrastructure
108 SE 8"' Avenue, Suite 114
Fort Lauderdale. FL 33301
Engineer: ADA Engineering, Inc.
8550 NW 13 ST. Suite 101
Dora], Florida 33122
The Owner and Contractor agree as set forth below.
("Project")
90112011 SI'ANDA12O FORM OF AGREI_.MEW I' BET-WFEN OWNER AND CON"IRAC1'OR(9 2011) 00500-1
0601MMIMN
The Conti -act Documents
The Contract Documents consist of this Agreement. Conditions or the Contract (General,
Supplementary and other Conditions), Drawings. Specifications, Insurance Requirements and
Documents, Milestone Schedule, Bid Documents and Contractor's Bid, Addenda issued prior to
execution of this Agreement, other documents listed in this Agreement and Modifications issued
after execution of this Agreement. These lbrin the Contract, and are as fully a part of the
Contract as if attached to this Agreement or repeated herein. The Contract represents the entire
and integrated agreement between the parties hereto and supersedes prior negotiations,
representations or agreements, either written or oral.
The Work of this Contract
The Contractor shall execute the entire Work described in the Contract Documents, except to the
extent specifically indicated in the Contract Documents to be the responsibility of others, or as
follows:
Scope of Work is as specified in the Contract DoCUMCMS, and shown on the Drawings and in the
specifications. The contract constitutes the entire and CXCILISiVC agreement between the Owner
and the Contractor with reference to the Tone's Harbor Channel Bridge Repair Project.
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is
measured, and shall be the date of this Agreement. as first written above, unless a different date
is stated below or provision is made tbr the date to be Fixed in a notice to proceed issued by the
Owner as stated in Section 00350. milestone schedule. Unless the date of commencement is
established by a notice to proceed issued by the Owner. the Contractor shall notify the Owner, in
writing not less than Five days before cornmencinz, the Work.
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The date of commencement shall be the date specified in the Notice to Proceed issued to the
Contractor.
3,2 file Contractor shall achieve Substantial Completion of the entire Work not later than
300 2j[L�allcr the Date of Commencement, Subject to adjustments of the Contract Time as
provided lb� the Contract Document.
Liquidated darnages will be based oil the Substantial Completion Date for all %vork. niodified by
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all approved eNtCnSi011 in (imeas set forth by the Owner's signature ofapproval on tile
9.01/12011 S-VANDARD FORNI OF AGREEMEW BMAVE-17N WN, NrR AND C0N`rRA(70R(9 7011) 005CO- 2
Tom's Harbor -Channel Bricite Repair
Certificate of Substantial Completion. The liquidated damages table below shall be utilized to
determine the amount of liquidated damages.
FIRST
SECOND
31" DAY &
CONTRACTAMOUN r
15 DAYS
15 DAY-S
THERLAFT]
Under 50,000.00
$50.00/DAY
$ 1 00.00/DAY
S250.00/DAI
4-Y,50,000.00-$99.999.00
I 00.00/DAY
200,00/DAY
750.001DA
t 100,000.00-499,999.00
200.00/DAY
500.00/1wAY
2,000.00/DAYM
M0,000.0 and Up
500.00/D4Y
1.000.00/DAY
3,500.001DANM
The Contractor's recovery of darnages and sole remedy for any delay caused by the Owner shall
be an extension of time on the Contract.
9,10 112011 r,7ANDARDFOTZMOFAGREI-NF-NrFBE; I'Wl-'I:NO\%NF--RANDCONIRAC-rOR(9 V-10 005(&3
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Contract Sum
4.2 The Contract Sum is based upon tile following alternates, if any, which are described in
the Contract Documents and are hereby accepted by the Owner: None
43 Unit prices, if any, are as follows: As specified in Section 00110,
ARTICLE 5
Progress Payments
5.1 8ased upon Applications for Payment submitted by the Contractor to tile Owner, and
upon Project Applications and Certificates for Payment, the Owner shall make progress
payments on account of the Contract SLIM to the contractor as provided below and elsewhere
the Contract DOCLIMel"ItS. I
5.2 The period covered by each Application for payment shall be one calendar month ending
on the last day of the month.
5.3 County shall pay pursuant to tile Local Government Prompt Payment Arn 218.70.
5.4 Lach Application for Payment shall be based upon the Schedule or Values submitted by
the Contractor in accordance with the Contract Dc.)curnents. The Schedule of Values shall
allocate the entire Contract Suin among the various portions of the Work and be prepared in such
form and supported by such data to substantiate its accuracy as the Owner may require. This
schedule, unless objected to by the Owner, shall be Used as a basis for reviewing the Contractor's
Applications lor Payment.
5.5 Applications for Payment shall indicate the percentage of completion ofeach portion of
the Work as oFthe end of tile period covered by tile Application for Payment.
5.6 Sub ' ject to the provisions of the Contract Documents, the alijount of each progress
Payment shall be COMPLIted as follows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as
determined by multiplying the percentage completion of each portion of the Work by the share
of -the total Contract Suni allocated to that portion of the Work in the Schedule Of Values, less
retaina-c of Tell percent (10%). Pending final detcrinination of cost to the Owncr Of changes ill
the Work. aniounts not in dispute may be illClUded in applications for Payment. The -,)mount of
credit to bcalloved by the Contractor to the Owner f-or a deletion or change which results ill a
net decrease in the Contract Sum shall be WWII net cost as confirmed by the Owncr. When both
additions and credits covering related Work or substitutions are involved in a change the
94) 1 P-0 I I S`FANDAR D FORM OF AGREEKIwr Rrn wu3\1 OWNFR AND CONfRACrOR(9 2011) 00-45W4
Toni's 1-1;irbor ( h iinnel Bridae Repair
allowanur for overhead and profit shall be figured an the basis of net increase, if any, with
respect to that change.
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the completed
construction (or. if approved in advance by the Owner, suitably stored off the site at a location
agreed Upon in writing), less retainage of Ten percent (10%):
5.6.3 Subtract the aggregate of previous paymeriLs made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Owner has withheld or nullified a Certificate for
Payment as provided in Paragraph 9.5 of the General conditions.
5.7 The progress payment amount determined in accordance with Paragraph 5 6 shall be
further modified under the following circumstances:
5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total
payments to Ninety percent (90%) of the Contract Sum. less such amounts as the Owner
recommends and deten-nines for incomplete Work and unsettled claims; and
5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of
the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the
General Conditions.
5.8 Reduction or limitation of retainage, il'an}, shall be as follows: None
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Final payment, constituting the entire unpaid balance of the Contract Sum., shall be made by the
Owner to the Contractor when (1) the Contract has been fully performed by the Contractor
except for the Contractor's responsibility to correct nonconforming Work as provided in
Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which
necessarily survive final payment: and (2) a final Pro ' ice( Certificate for Payment has been issued
by the Project Manager: such final payment shall be made by Lhe Owner not more than 20 days
after the issuance of the final Project Certificate for Payment.
ON I UI 11
Miscellaneous Provisions
7.1 Where reference is made in this Agreement to a provision of the General Conditions or
another Contract Document. the reference refers to that provision as amended or supplemented
by other provisions of the Contract Documents.
7.2 Payments due and unpaid under the Contract shall bear interest pursuant 10 the: I . oca I
Government prompt Payment Act 218.735
9AM01 I S I I\NDARD FORM OF AGREaIENr 131---1 NVEEN OWNLR AND CON IRAC I-OR(9 201 1) (X)5(0 5
Tom's Harbor Channel Bridge Repair
73 Temporary facilities and services:
None.
7.4 Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the Board of County Commissioners.
7.5 Public Fntities Crimes By signing this Agreement, Contractor represents that the
execution of this Agreement will not violate the Public Entities Crime Act (Section 287.133,
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Florida Statutes). Violation of this section shall result in termination of this Agreement and
recovery of all monies paid hereto, and may result in debarment from County's competitive
procurement activities.
In addition to the ng fore-oi, Contractor further represents that there has been no
foregoing,
determination, based on an audit, that it or any subcontractor has committed an act defined by
Section 287.133, Florida Statutes, as a "Public entity crime" and that it has not been Formally
charged with committing an act defined as a "public entity crime" regardless of the amount of
money involved or whether Contractor has been placed on the convicted vendor list.
Contractor will prornptl) notify the County if it or any subcontractor is forin a11 y charged
with an act defined as a "Public entity crime" or has been placed on the convicted vendor list. A
person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid oil a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to
public entity, may not be awarded or perform work as contractor, Supplier, subcontractor, or
consultant Linder a contract with any public entity, and may not transact business with any public
entity in excess of the threshold arnount 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.
7.6 The following iterns are past ofthis contract:
a) Maintenance of Records: Contractor shall maintain all books, records, and
documents directly pertinent to performance under this Agreement in accordance with generally
accepted accounting principles consistently applied. Each party to this Agreement or their
authorized representatives, or the Federal Emergency Management Agency or its designee, shall
have reasonable and timely access to such records of each other party to this Agreement for
public records purposes during the term of the A-rcement and for four years following the
tennination 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 See. 55.03; PS, running g from the date the monies were paid to Contractor.
b) Coverning Law, Venue, Interpretation, Costs, and Fees: This Agreement shall
be governed by and construed in accordance with the laws of [lie State of Florida applicable to
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contracts mad` and to be performed entirely in the State.
In the event that any cause of action or administrative proceedilll� is instituted for
the enforcement or interpretation of this Agreement, the County and Contractor agree that venue
901/2011 917ANDARD I-ORM Or AGREEMDIF BLqV['L:N OWNEIt.AND CONTRACTORO 2011) 0050D-6
Tom's I larbor Channel BridQc Remir
shall lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida. This Agreement shall not be subiect to arbitration.
c) Severability_ If any tern, covenant, condition or provision of this
Agreement (or the application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants,
conditions and provisions of this Agreement, shall not be affected thereby; and each remaining
term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable
to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the accomplishment of the; original
intent of this Agreement. The County and Contractor agree to reform the Agreement to replace
any stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
d) Attorney's Fees and Costs: The County and Contractor agree that in the event
any cause of action or administrative proceeding is initiated or defended by any party relative to
the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable: attorney's fees and court costs, as an award against the non -prevailing; party, and shall
include attorney's fees and courts costs in appellate proceedings. Mediation proceedings
initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules
of Civil Procedure and usual and customary procedures required by the circuit court of Monroe
County.
e) Binding Effect: The tarns, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of the County and Contractor and their respective
legal representatives, successors, and assigns.
f) Authority: Each patty 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 lain.
g) Claims for Federal or State Aid: Contractor and County agree that each shall
be, and is, empowered to apply for, seek, and obtain federal and state funds to further the
purpose of this Agreement; provided that all applications, requests, grant proposals, and funding
solicitations shall be approved by each party prior to submission.
h) Nondiscrimination: County and Contractor agree that there will be no
discrimination against any person, and it is expressly understood that upon a determination by a
court of competent Jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of' any party, effective the date of the court
order. County or Contractor agree to comply with all federal and Florida statutes. and all local
ordinaiices, as applicable. relating to nondiscrimination. These include but are not limited to: I)
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, its 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) 1he Drug Abuse
Office and Treaunent Act of 1972 (AL 92-255), as amended, relating to nondiscrimination on the
basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
9.t'il/?011 SriW )ARD FORM OF AGREF.lbftlfr131711 IFFNOWNER AND CONTRACTIOR(9 2011) 00500-7
Tom's Harbor Channel Bridge Reoi�r ,c —
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis ofalcohol 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 ofthe 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 American-, with Disabilities Act of 1990 (42 USC s. 1201 Note), as
maybe amended frorn time to time, relating to nondiscrimination on the basis of disability-, 10)
Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race,
color, sex, religion, national origin, ancestry., sexual orientation, gender identity or expression,
flimilial status or age; 11) Any other nondiscrimination provisions in any Federal or state
statutes which may apply to the parties to, or the subject matter of, this Agreement,
i) Covenant of No Interest- Count-, and Contractor covenant that neither presently
has any interest, and shall not acquire any interest. v, hich 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 Agreerrienl_
j) Code of Ethics. County agrees that officers and employees of the County
recognize and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to,
solicitation or acceptance of gifts, doing business with one's agency; unauthorized
compensation- misuse of public position. conillicting, employment or contractual relationship; and
disclosure or use of certain information.
k) No Solicitation/Payment: The County and Contractor warrant that, in respect to
itself, it has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a bona ride
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 Fu I I amount of such fee, commission, percentage, gill, or consideration.
1) Public Access: The County and Conti -actor shall allow and permit reasonable
access to, and inspection of, all documents, paper,,, letters or other materials in its possession or
under its control subject to the provisions of Chapter 119, r1orida 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.
ni) Non -Waiver of Immunity- Notwithstanding the provision-, of Sec, 768.28,
Florida Statutes, the participation of the County and the Conti -actor 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.
11) Privileges and Immunities: All of the privileges and immunities fi-oin liability.
exemptions from laws, ordinances, and rules- pensions and relief, disability, workers'
compensation. and other benefits which apply to the activityof officers, agents, or employees of
0
9/0112011 STANDARD FORM OF AGREFIvIFNIlTBE5VEl-7N OWINIER AND CO] TRACTOR(9 2011) 00500-8
Tom's Harbor Channel Bridge Repair
any public agents or employees of the County, when performing their respective functions under
this Agreement within the territorial limits of the County shall apply to the sane 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.
0) 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 frorn any obligation or responsibility imposed upon the entity by law except
to the extent of actual and timely performance thereof by any participating entity, in which case
the performance may be offered in satisfaction of the obligation or responsibility. Further, this
Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the County, except to [lie extent permitted by the Florida
constitti(ion, state statute, and case law.
P) Non -Reliance by Non -Parties. No person or entity shall be entitled to rely upon
the terms. or any of them, of this Agreement to enforce or attempt to enforce any third -party
claim or entitlement to or benefit of any service or program contemplated hereunder, and the
County and the Contractor agree that neither the County nor the Contractor or any agent, officer,
or employee of either shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits
tinder this Agreement separate and apart, inferior to, or superior to the C0111111lUnity in general or
for the purposes contemplated in this Agreement.
q) Attestations: Contractor agrees to execute such documents as the County may
reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug -
Free Workplace Statement.
r) No Personal Liability: No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee of Monroe
County shall be liable personally on this Agreement or be subject to any I)cl-sonal liability or
accountability by reason of the execution ofthis Agreement.
S) Fxecution 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.
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t) Section Headings: Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it is agced that such section headings are not a part
of this Agreement and will not be used in the interpretation of any provision of this Agreement.
11) Special Conditions. if tiny are detailed in Section 01000 of the Project Manual
for this Project.
V) Holt] Harmless and Indemnification: Notwithstanding any minimum insurance
M
requirements prescribed elsewhere in this agreement. the Contractor covenants and agrees that lie
shall defend, indemnity and hold the COUNTY and the COUNTY's elected and appointed
officers and employees harmless From and against (i) claims, actions or causes of action, (ii)
litiL)ation, administrative proceedings, appellate proceedings_ or other proceedings relating to any
9101 no I I 917ANDARD FORM (TAGRF7FMLWr BITIWFEN OW-WR AND COVMACT0149__201 1) 00.500-9
1 nl's.-Harl5or Channel Bride Renair
type of injury (including death), loss, damage, fine. penalty or business interruption, and (111)
costs or expenses that may be asserted against, initiated with respect to, or sustained by the
County and the COUNTY's elected and appointed officers and employees frorn liabilities
darnages, losses and costs, including, but not limited to, reasonable attortley's fees, to the extent
caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor and
persons employed or utilized by the indemnifying party in the performance of the construction
contract. The monetary limitation of liability under this contract shall be not less than $I million
per occurrence pursuant to F. S. 725.06. Insofar as the claims, actions. Causes of action,
litigation, proceedings, costs or expenses relate to events or circumstances that Occur during the
term of this Agreement, this section will survive the expiration of the term of this Agreement or
any earlier termination of this Agreement.
In the event the completion ol'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 a] I increased expense-, resulting from such
delay.
In the event the completion of the project (including the work of others) is delayed or suspended
as a result of the Contractor's failure to purchase or maintain the required insurance, the
Contractor shall indemnify the County From any and all increased expenses resulting from such
delay.
The first ten dollars ($1 UO) of remuneration paid to the Contractor is for the indemnification
provided for above.
The extent or liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement,
w) Adjudication of Disputes or Disagreements: The Owner and Contractor agree
that all disputes and disagreement shall be attempted to be resolved by meet and confer sessions
between representatives of each of the parties. I I' no resolution can be agreed upon within 30
days alter the first meet and confer session, the issue or issues shall be discussed at public
meeting of the Board olrCounty Commissioners. If the issue or issues are still not resolved to the
satisfaction of the parties, then any party shall have the right to seek such relief or remedy as
may be provided by this Agreement or by Florida law. This provision does not negate or waive
the provisions of Paragraph X concerning cancellation.
x) Cancellation: In the event that the Contractor shall be found to be negligent in
any aspect of installation, stocking, maintenance, repair, or service, the County shall have the
right to terminate this agreement after rive days written notification to the Contractor.
Y) Cooperation: In the event any administrative or legal proceeding is instituted
I -
against either party relating to the formation. execution, performance. or breach of this
Agreement, County and Contractor agree to participate, to the extent required by the other party,
in all proceedings, hearings, processes, meetings, and other activities related to the substance of
this Agreement or provision of the services Under this Agreement- County and Contractor
speciliMly agree that no party to this Agreement shall be required to enter into any arbitration
proccedin—; related to this Agreement.
Tom's Harbor Channel -Bridge-Repair
73 Ownership of the Protect Documents: The documents prepared by the Contractor for this
Project belong to the County and may be reproduced and copied without acknowledgement or
permission of the Contractor.
7.8 Successors and Assigns: The Contractor shall not assign or subcontract its obligations
under this agreement, except in writing and with the prior written approval of the Board of
Count), Commissioners for Monroe County, which approval shall be subject to such conditions
and provisions as the Board may deem necessary. This paragraph shall be incorporated by
reference into any assignment or subcontract and any assignee or subcontractor shall comply
with all of the provisions of this Agreement. Subject to the provisions orthe immediately
preceding sentence, each party hereto binds itself, its successors, assigns and legal
representatives to the other and to the successors. assigns and legal representatives or such other
party.
7.9 No third Party Beneficiaries: Nothing contained herein shall create any relationship,
0
contractual or otherwise, with or any rights in favor of. any third party-
7.10 Americans with Disabilities Act of 1990 (ADA) -The CONTRACTOR will comply with all
the requirements as imposed by the ADA, the regulations of the Federal government issued
thereunder, and the assurance by the CON I'RACTOR pursuant thereto.
7.11 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the
COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to
participate in the performance of contracts financed in whole or in part with COUNTY funds under
this Agreement. The DBE requirements of applicable fiederal and state laws and regulations apply to
this A-reenrient.. The COUNTY and its CONTRACTOR agree to ensure that DBE s have the
opportunity to participate in the performance of this Agreement. In this regard, all recipients and
contractors shall take all necessary and reasonable steps in accordance with applicable federal and
0 ril
slate laws and regulations to ensure that the DBE's have the opportunity to compete for and perform
contracts. 1 he COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the
basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant
to this Agreement.
7.12 CONTRACTOR agrees to utilize the U.S. Department of Homeland Security's E-Verify
System to verify the employment eligibility of all new employees of the CONTRACTOR who
perform work pursuant to this Agreement. CONTRACTOR agrees to require all subcontractors
performing ,ork pursuant to this Agreement to utilize the U.S. Department of homeland Security's E-
Veril'y System to verify the employment of all new employees of the sub -contractor who perform
work pursuant to this Agreement.
Termination or Suspension
8.1 The Contract may be terminated by the 0%v ncr or the Contractor as provided in Article 14
of the General Conditions.
8.2 The Work may be Suspended b-, the Owner a,; provided in Article 14 oftineGeneral
Conditions.
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9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows: See Article I
9.1.1 The Agreement is this executed Standard Form of Agreement between Owner and
Contractor.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction.
9. 1 -.3) The Supplementary and other Conditions ol- the Contract are those contained in the
Project Manual dated January 2012, arid are as follows:
As listed in "rabic of Contents, Section 00001 of the Project Manual for this project.
9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph
9.1.3, a n d are as follows:
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
9.1.5 The Drawings are as follows, and are dated on each individual drawing unless a different
date is shown below:
9.1.6 The Addenda, if any, areas follows:
Portions of Addenda relating, to bidding requirements are not part of the Contract Documents
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unless the bidding requirements are also enumerated in this Article 9.
9.1.7 Other documents, if any, forming part of the contract Documents are as Follows:
ED
.Monroe C0LIIItV Bid Form in Section 00110.
See Article 1.
9101/11M 1 M-ANIDARD M-R.M OF AGREIN-El4T BERVEI'N, OWN ER AND CONTRACRW)�_201 1) 00-Tk- 12
Tofu's Harbor Channel n ridU Repair
IN WI'I NESS WHEREOF the parties hereto have executed this Agreement on the day and date
first written above in Four (4) counterparts, each of which shall, without proof or accounting for
the other counterparts, be deemed an original contract.
(SEAL)
Attest. DANNY L. KOLHAGE, Clerk
Deputy Clerk
Date 0.3
(SEA L)
'AL-kUst
By:
l'itle:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLOIUDA
By Mayor e.0001
CONTRACTOR
By:
TiLIC: vic-C 1owij1,0.r.V1
END OF SECTION 00500