#12/09/2015 Agreement AMY HEir ,1
AVILIH, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
-._ I o MONROE COUNTY,FLORIDA
DATE: December 17, 2015
TO: Don DeGraw,
Director of Airports
ATTN Yany Rodriguez, Finance Analyst
FROM: Cheryl Robertson Executive Aide to the Clerk of Court & Comptroller (' ctso);
At the December 9, 2015, Board of County Commissioner's meeting the Board granted approval and
authorized execution of Item Cl Approval of bid award and contract with OAC Action Construction
Corp. for the Key West Airport Customs Facility Phase II renovations, in the amount of$1,312,500.00
to be paid for with FAA, FDOT and Airport funding sources
Enclosed is a duplicate originals executed on behalf of Monroe County,for your handling. Should you
have any questions,please feel free to contact me.
cc: County Attorney
Finan9e
File
500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33090 Phone:305-295-3130 Fax:305-295-3663
3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax:305-289-6025
88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7105 Fox:305-852-7146
Agreement
Between Owner and Contractor
Where the basis of payment is a STIPULATED SUM
AGREEMENT
Made as of the t1.,...,..L. 12, 2015 December QI 9\015
BETWEEN the Owner: Monroe County Board of County Commissioners
500 Whitehead Street Key West,
Florida 33040
And the Contractor: OAC Action Construction, Corp.
12540 SW 130 Street, Suite 2-3
Miami, FL 33186
For the following Project: Key West Airport Customs Facility Phase II
Scone of the Work
1 Project Overview
Addition to existing Key West Customs Terminal Facility as part of multi-phase project.
2 General Project Intent and Scope
Provide all labor, supervision, engineering, materials, supplies, equipment, tools,
transportation, surveying, layout, and protection for the proper execution and completion of all
the work in accordance with the Contract Documents. The Work shall include but not be limited
to that shown on the Drawings and detailed in the Technical Specifications if any included in this
Contract.
3 General Requirements
A) Contractor is required to provide protection for all existing surfaces. To include but not
limited to:
1. Existing doors/passages
2. Interior/Exterior Walls
3. Personal Items
4. Windows
AGREEMENT Page I 1
5. Flooring
6. Vehicles
7. Landscaping
B) The contractor shall ensure that all non-exempt employees for this effort are
compensated in accordance with all State and local Laws.
C) Provide a dumpster, containment bin or similar device for the collection and
containment of construction generated debris.
D) Load, haul and properly dispose of construction debris.
E) Provide and maintain appropriate (OSHA required) construction warning signs.
F) Furnish all required work site safety equipment.
G) Furnish and maintain on-site MSDS sheets for all materials used in the construction.
H) Construction work times shall be limited to:
7:00 AM to 5:00 PM Mon-Fri
I) All materials shall be approved by submittal prior to commencement of work
J) Provide all Permits necessary to complete the scope of work
K) Contractor shall provide a "Lump sum price'
L) Contractor needs to be aware of weather and location and plan accordingly.
M) Contractor needs to be aware of the facility, its vendors and staff with unusual schedules
and plan accordingly. Coordination of each days works shall be done in advance with
approval from County. All spaces interior and exterior shall be cleaned and returned to
normal as much as is practical and reasonable each day.
N) The Scope of Work shall include, but not be limited to, all work shown and listed in the
Project Drawings. The Contractor is required to provide a complete job as contemplated by
the drawings and specifications, which are a part of this bid package. The Contractor shall
furnish all labor, supervision, materials, power, tools, equipment, supplies and any other
means of construction necessary or proper for performing and completing the Scope of Work,
unless otherwise specifically stated.
The contractor will be responsible to obtain all additional necessary permits and approvals for
the demolition and/or construction of Key West Airport Customs Facility Phase II including
the Federal Aviation Administration, Florida Department of Transportation, Monroe
County Growth Management, Monroe County Building Dept., Monroe County Airport,
Fire Marshall, City of Key West, any other permitting or regulatory agencies as
applicable
SPECIAL PROVISIONS
The following Special Provisions are intended to clarify the scope of work, or
highlight features of the work, or modify, change, add to, or delete from the General Scope
of-this-Proposal Package.
1. All licenses required in order to perform the scope of work in the specified location,
shall be procured and maintained by the contractor and his subcontractors. Contractor shall
submit copies to Project Management prior to notice to proceed. Contractor's license shall
accompany proposal.
AGREEMENT Page I 2
2. Provide, replace, and maintain any safety rails and barricades as necessary during
the process of work, or during deliveries of materials or equipment.
3. Contractor is to review General Conditions for additional responsibilities required in
order to perform this Work.
4. If in the event of conflicting, or overlapping requirements in any area of the
proposal documents, technical specifications, or drawings, the most stringent condition shall
be proposed and constructed. Notify Project Management in any event, in order to not
compromise the Owner's right to make appropriate decisions.
5. Contractor shall maintain As-Built Drawings, (Record Drawings per Section 01720), of
his work progression.
6. This Contractor shall not store materials inside the building. Contractor shall provide
suitable storage container, and be responsible for disposal off-site of all debris and trash.
Project Management Director of Project Management
Monroe County Project Management 1100
Simonton Street
Second Floor-Room 2-216
Key West, Florida, 33040
The Architect is: K2M Design
1001 Whitehead Street Key
West, Florida 33040
The Owner and Contractor agree as set forth below.
ARTICLE 1.
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda
issued prior to execution of this Agreement, together with the response to RFP and all required
insurance documentation, and Modifications issued after execution of this Agreement. The
Contract represents the entire and integrated agreement between the parties hereto and
supersedes prior negotiations, representations or agreements, either written or oral. An
enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the
event of a discrepancy between the documents, precedence shall be determined by the order of
the documents as just listed.
ARTICLE Z
AGREEMENT Page I
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:
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the
Owner.
The Contractor shall achieve Substantial Completion of the entire Work not later than THREE
HUNDRED AND THIRTY-THREE (333) calendar days after the date of commencement or
issuance of a Notice to Proceed. The time or times stipulated in the contract for completion of
the work of the contract or of specified phases of the contract shall be the calendar date or dates
listed in the milestone schedule.
Liquidated damages will be based on the Substantial Completion Date for all work, modified by
all approved extensions in time as set forth by the Director of Project Management's signature
of approval on the Certificate of Substantial Completion. The liquidated damages table below
shall be utilized to determine the amount of liquidated damages.
FIRST SECOND 31 ST DAY &
CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER
Under$50,000.00 $50.00/Day $100.00/Day $250.00/Day
$5n,nnn,n0-99,999.00 100.00/Day 200.00/Day 750.00/Day
$100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day
$500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day
The Contractor's recovery of damages and sole remedy for any delay caused by the
Owner shall be an extension of time on the Contract.
ARTICLE 4
Contract Sum
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of
the Contract the Contract Sum of ONE MILLION THREE HUDNRED AND TWELVE
THOUSAND AND FIVE HUNDRED DOLLARS (1,312,500.00), subiect to additions and
deductions as provided in the Contract Documents.
4.2 The Contract Sum is based upon the following alternates, if any, which are described in
the Contract Documents and are hereby accepted by the Owner:
(State the numbers or other identification of accepted alternates. If decisions on other
alternates are to be made by the Owner subsequent to the execution of this Agreement. Attach
a schedule of such other alternates showing the amount for each and the date until which that
amount is valid.)
Alternate# 1: No Alternates Specified
AGREEMENT Page 4
/100
(Cost in words)
Dollars ($
4.3 Unit prices, if any, are as follows:
ARTICI F 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Director of
Project Management, and upon approval for payment issued by the Director of Project
Management and Architect, the Owner shall make progress payments on account of the
Contract Sum to the contractor as provided below and elsewhere in the Contract Documents.
5.2 The period covered by each Application for payment shall be one calendar month ending
on the last day of the month, or as follows:
5.3 Payment will be made by the Owner in accordance with the Florida Local Government
Prompt Payment Act, section 218.735, Florida Statutes.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by
the.Contractor in accordance with the Contract Documents. The Schedule of Values shall
allocate the entire Contract Sum among the various portions of the Work and be prepared in
such form and supported by such data to substantiate its accuracy as the Director of Project
Management may require. This schedule, unless objected to by the Director of Project
Management, shall be used as a basis for reviewing the Contractor's Applications for Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each portion of
the Work as of the end of the period covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents, the amount of each progress
payment shall be computed as follows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as
determined by multiplying the percentage completion of each portion of the Work by the share
of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less
retainage of Ten Percent 10%. Pending final determination of cost to the owner of changes in
the Work, amounts not in dispute may be included in Applications for Payment. The amount of
credit to be allowed by the Contractor to the Owner for a deletion or change which results in a
net decrease in the Contract Sum shall be the net cost to the Owner, less Overhead, Profit and
Documented Costs incurred prior to the change Request, as indicated in the corresponding line
item in the Approved Schedule of Values for that line item as confirmed by the Director of
Project Management.When both additions and credits covering related Work or substitutions
AGREEMENT Page 15
are involved in a change the allowance for overhead and profit shall be figured on the basis of
net increase, if any, with respect to that change.
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the completed
construction (or, if approved in advance by the Owner, suitably stored off the site at a location
agreed upon in writing), less retainage;
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or
nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions.
5.7 Retainage of 10%will be withheld in accordance with section 218.735 (8(b), Florida
Statutes.
5.8 Reduction or limitation of retainage, if any, shall be as follows:
Monroe County is exempt from and not subject to Florida Statutes 255.078, "Public Construction
Retainage". Reduction or limitation of retainage, if any, shall be reduced incrementally at the
discretion of and upon the approval of the Director of Project Management.
ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the
Owner to the Contractor when (1) the Contract has been fully performed by the Contractor
except for the Contractor's responsibility to correct nonconforming Work as provided in
Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which
necessarily survive final payment, and (2) a final approval for payment has been issued by the
Director of Project Management. Such final payment shall be made by the Owner not more
than 20 days after the issuance of the final approval for payment. The following documents
(samples in section 1027) are required for Final Payment:
(1) Application and Certificate for Payment
(2) Continuation Sheet
(3) Certificate of Substantial Completion
(4) Contractor's Affidavit of Debts and Claims
(5) Contractor's Affidavit of Release of Liens
(6) Final Release of Lien
ARTICLE 7
Miscellaneous Provisions
AGREEMENT Page I
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 Payment shall be made according to the Florida Local Government Prompt Payment
Act and Monroe County Code.
7.3 Temporary facilities and services: As described in Article 34 of the General Conditions
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 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 proposal on a contract with a public entity for the
construction or repair of a public building or public work, may not submit proposals on leases of
real property to public entity, may not be awarded or perform work as contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017,
for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list.
7.6 The following items are included in this contract:
a) 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.
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida applicable to
contracts made and to be performed entirely in the State. In the event that any cause of action
or administrative proceeding is instituted for the enforcement or interpretation of this Agreement,
the County and Contractor agree that venue shall lie in the appropriate court or before the
appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial
by jury. The County and Contractor agree that, in the event of conflicting interpretations 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, pursuant to
Section XVI of this agreement.
c) Severability. If any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or unenforceable to
any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and
provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant,
condition and provision of this Agreement shall be valid and shall be enforceable to the fullest
extent permitted by law unless the enforcement of the remaining terms, covenants, conditions
and provisions of this Agreement would prevent the accomplishment of the original intent of this
Agreement. The County and Contractor agree to reform the Agreement to replace any stricken
AGREEMENT Page 17
•
provision with a valid provision that comes as close as possible to the intent of the stricken
provision.
d) Attomey'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 attorneys fees and courts costs in appellate proceedings.
e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall
bind and inure to the benefit of the County and Contractor and their respective legal
representatives, successors, and assigns.
f) Authority. Each party represents and warrants to the other that the execution, delivery
and performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law. Each party agrees that it has had ample opportunity to submit
this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with
advise of counsel.
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) 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 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 Agreement is not subject to arbitration.
i) Cooperation. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this Agreement, County
and Contractor agree to participate, to the extent required by the other party, in all proceedings,
hearings, processes, meetings, and other activities related to the substance of this Agreement or
provision of the services under this Agreement. County and Contractor specifically agree that no
party to this Agreement shall be required to enter into any arbitration proceedings related to this
Agreement.
j) 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
AGREEMENT Page 18
290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient 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
k) Americans with Disabilities Act of 2010 (42 USC s. 1201 Note), 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.
I) Covenant of No Interest. County and Contractor covenant that neither presently has any
interest, and shall not acquire any interest, which would conflict in any manner or degree with its
performance under this Agreement, and that only interest of each is to perform and receive benefits
as recited in this Agreement.
m) Code of Ethics. County agrees that officers and employees of the County recognize and
will be required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or
acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of
public position, conflicting employment or contractual relationship; and disclosure or use of certain
information.
n) 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.
o) Public Access. The County and Contractor shall allow and permit reasonable access to,
and inspection of, all documents, papers, letters or other materials in its possession or under its
control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
County and Contractor in conjunction with this Agreement; and the County shall have the right
to unilaterally cancel this Agreement upon violation of this provision by Contractor. Contractor is
required to:
(1) Keep and maintain public records that ordinarily and necessarily would be required
by the public agency in order to perform the service.
(2) Provide the public with access to public records on the same terms and conditions
that the public agency would provide the records and at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
(4) Meet all requirements for retaining public records and transfer, at no cost, to the
public agency all public records in possession of the contractor upon termination of the
contract and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored electronically
must be provided to the public agency in a format that is compatible with the information
AGREEMENT Page 19
technology systems of the public agency.
AGREEMENT Page 110
•
p) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of the Contractor and the County 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.
q) 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 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.
r) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory
Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating
entity from any obligation or responsibility imposed upon the entity by law except to the extent of
actual and timely performance thereof by any participating entity, in which case the performance
may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the constitutional or
statutory duties of the County, except to the extent permitted by the Florida constitution, state
statute, and case law.
s) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the
terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or
entitlement to or benefit of any service or program contemplated hereunder, and the County and
the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee
of either shall have the authority to inform, counsel, or otherwise indicate that any particular
individual or group of individuals, entity or entities, have entitlements or benefits under this
Agreement separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
t) 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.
u) 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
rcaaui of the execution of this Agreement.
v) Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken together shall
constitute one and t same instrument and any of the parties hereto may execute this Agreement
by signing any such counterpart.
w) Hold Harmless and Indemnification. Notwithstanding any minimum insurance
requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and
hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless
from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative
AGREEMENT Page 111
proceedings, appellate proceedings, or other proceedings relating to any type of injury
(including death), loss, damage, fine, penalty or business interruption, and (iii) any costs
or expenses that may be asserted against, initiated with respect to, or sustained by, any
indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of
its employees, agents, contractors or other invitees during the term of this Agreement, (B)
the negligence or willful misconduct of Contractor or any of its employees, agents, sub-
contractors or other invitees, or (C) Contractor's default in respect of any of the obligations
that it undertakes under the terms of this Agreement, except to the extent the claims, actions,
causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole
negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or
invitees (other than Contractor). Insofar as the claims, actions, causes of action, litigation,
proceedings, costs or expenses relate to events or circumstances that occur during the term
of this Agreement, this section will survive the expiration of the term of this Agreement or any
earlier termination of this Agreement.
In the event that the 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. Should any claims be asserted against the County by virtue of
any deficiency or ambiguity in the plans and specifications provided by the Contractor, the
Contractor agrees and warrants that the Contractor shall hold the County harmless and
shall indemnify it from all losses occurring thereby and shall further defend any cla m or
action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the
indemnification provided for the above.
x) Section Headings. Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it is agreed that such section headings are not a
part of this Agreement and will not be used in the interpretation of any provision of this
Agreement.
y) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the
County that DBE's, as defined in 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 federal and state laws and regulations
apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the
opportunity to participate in the performance of the Agreement. In this regard, all recipients and
contractors shall take all necessary and reasonable steps in accordance with applicable federal
and state laws and regulations to ensure that DBE's have the opportunity to compete and
-perform contracts. The County and Contractor and subcontractors shall not discriminate on the
basis of race, color, national origin or sex in award and performance of contracts, entered
pursuant to this Agreement.
z) Agreements with Subcontractors. In the event that the Contractor subcontracts any or
all of the work in this project to any third party, the Contractor specifically agrees to identify the
COUNTY as an additional insured on all insurance policies required by the County. In addition,
the Contractor specifically agrees that all agreements or contracts of any nature with his
subcontractors shall include the COUNTY as additional insured.
AGREEMENT Page 112
aa) Florida Green Building Coalition Standards. Monroe County requires its buildings to
conform to Florida Green Building Coalition standards.
Special Conditions, if any are detailed In Section 00990 of the Project Manual for this Project.
IN WITNESS WHEREOF the parties hereto have executed this agreement on the day and
date first above written in two (2) counterparts, each of which shall, without proof or accounting
for the other c counterpart, be deemed an original contract.
firs /ib1aJaufLon la�� acido ace- Heather Carruthers
(Contractor) (Monroe County Bo r of mmissioners)
By: By:
Title: Title: Mayer/rhairma„
� `p President*
WITNESS: Ec ._ ,�C.( . WITNESS:S: -
STATE OF • ,�,yw S,
FLORIDA
HeAvlur,weak
PO)COUNTY OF 1 _ � � �I+�1.
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I, the un ersign0 authority, a Notary Public in and for said Count nd §Pat hereby certify
that (4-V 2 tO eat whose name as ////,�{�/ offer is signed to
on the date the same bears date.
Given under my hand an s this /G day of,4 cei.44- , 20 if.
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Notary-Public {[\�\ �� "ghat_ a moil
Nhg is authorized by the corporation to execute this contract. euramayrry raranyson.
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