Item C03'
CM
ounty of onroe
BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers, District 3
Mayor Pro Tem George Neugent, District 2
TheFloridaKeys
Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
July 20, 2016
Agenda Item Number: C.3
Agenda Item Summary #1705
BULK ITEM: DEPARTMENT:
Yes Engineering / Roads
TIME APPROXIMATE:STAFF CONTACT:
Debra London (305) 453-8754
N/A
AGENDA ITEM WORDING:
Approval to award bid and approve a contract with H&R Paving,
Inc. For Construction Of The Sexton Cove Estates (Key Largo) Roadway and Drainage
Improvements project in the amount of $1,105,342.35.
ITEM BACKGROUND:
The Sexton Cove Roadway and Drainage Improvement Project was
advertised for bids on April 10, 2016. Four bids were received on May 26, 2016 with H&R Paving,
Inc. being the lowest responsible bidder. The Sexton Cove subdivision in Key Largo has been
identified by the County's Asphalt Pavement Evaluation and Management Program as an area of
poor pavement condition and requiring drainage improvement. The project design takes into
consideration sea level rise projections based on 2015 tidal data.
PREVIOUS RELEVANT BOCC ACTION:
March 2013 - the BOCC approved a contract with Infrastructure Management Services (IMS) for
Asphalt Pavement and Management Services to analyze and prioritize county subdivisions for
roadway improvement work.
January 2014 - the BOCC approved the On Call Professional Services contract between the County
and CDM Smith, Inc.
May 2014 - the BOCC approved a task order under the On Call contract with CDM Smith, Inc. for
engineering design and permitting services for Sexton Cove (Key Largo) Roadway and Drainage
Improvements project.
June 2016 - the BOCC approved a task order with RS&H, Inc. under the Monroe County Roadway
and Drainage Improvement Program Continuing Services contract for construction engineering and
inspection services (CEI) for the Sexton Cove Roadway and Drainage Improvement project.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
Approval of construction contract for Sexton Cove Roadway and
Drainage Improvement Project.
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DOCUMENTATION:
Sexton Cove contract doc
HR paving approved insurance Sexton Cove
FINANCIAL IMPACT:
Effective Date: July 20, 2016
Expiration Date: 173 days after notice to proceed
Total Dollar Value of Contract: $1,105,342.35
Total Cost to County: $1,105,342.35
Current Year Portion: $ 700,000.00
Budgeted:
yes
Source of Funds: 304 Infrastructure Sales Tax
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: NO If yes, amount:
Grant:
N/A
County Match
: N/A
Insurance Required:
yes
Additional Details: County Road Improvement Program
07/20/16 304-27000 · TRANSPORTATION PROJECTS $1,105,342.35
Road Improvement Program
REVIEWED BY:
Judith Clarke Completed 06/16/2016 1:04 PM
Christine Limbert Completed 06/17/2016 2:56 PM
Budget and Finance Completed 06/21/2016 2:33 PM
Maria Slavik Completed 06/21/2016 2:33 PM
Kathy Peters Completed 06/21/2016 3:23 PM
Board of County Commissioners Pending 07/20/2016 9:00 AM
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Standard Form of Agreement
Between Owner and Contractor
;LIVIXLIFEWMWSJTE]QIRXMWE78-490%8)(791
AGREEMENT
th
Made as of the 20 day of July in the year of Two Thousand and Sixteen.
BETWEEN
the Owner: Monroe County Board of County Commissione
1100 Simonton Street
And the Contractor: H & R Paving, Inc.
1955 NW 110 Avenue
Miami, FL 33172
For the following Project: Sexton Cove Roadway and Drainage Improvement Project
Key Largo
Monroe County, Florida
Oversight for Owner: RS&H, Inc.
10748 Deerwood Park Blvd South
Jacksonville, Florida 32256
Engineer: CDM Smith, Inc.
2301 Maitland Center Parkway, Suite 300
Maitland, Florida 32751
The Owner and Contractor agree as set forth below.
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ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, Insurance Requirements and
Addenda issued prior to
execution of this Agreement, other documents listed in this Agreement and Modifications issued after
execution of this Agreement. These form 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.
ARTICLE 2
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 Documents, and shown on the Drawings and in the
specifications. The contract constitutes the entire and exclusive agreement between the Owner and
Sexton Cove Roadway and Drainage Improvement Project.
the Contractor with reference to the
ARTICLE 3
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 for 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 commencing the Work.
The date of commencement shall be the date specified in the Notice to Proceed issued to the
Contractor.
3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than
173 Days
after the Date of Commencement, subject to adjustments of the Contract Time as provided
by the Contract Document.
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0-59-(%8)((%1%+)7
Liquidated damages will be based on the Substantial Completion Date for all work, modified by all
approved extension in time as set
Substantial Completion. The liquidated damages table below shall be utilized to determine the
amount of liquidated damages.
st
FIRST SECOND 31 DAY &
CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER
Under 50,000.00 $50.00/DAY $100.00/DAY $250.00/DAY
$50,000.00-$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
$500,000.0 and Up 500.00/DAY 1,000.00/DAY 3,500.00/DAY
an extension of time on the Contract.
Balance of Page Intentionally Left Blank
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ARTICLE 4
Contract Sum
4.1
Sexton Cove Roadway and Drainage Improvement Project
Contract, for the the Contract
ONE MILLION ONE HUNDRED FIVE THOUSAND THREE HUNDRED
Sum of
FORTY TWO DOLLARS AND THIRTY FIVE CENTS($1,105,342.35)
, , subject to
additions and deductions as provided in the Contract Documents.
4.2The Contract Sum is based upon the following alternates, if any, which are described in the
Contract Documents and are hereby accepted by the Owner: None
4.3 Unit prices, if any, are as follows: As specified in Section 00110.
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Owner, and upon
Project Applications and Certificates for Payment, 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.
5.3 County shall pay pursuant to the Local Government Prompt Payment Act 218.70.
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 Owner may require. This schedule, unless
objected
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 actual net cost as confirmed by the Owner. When both additions and credits covering related
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Work or substitutions 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 of Ten percent (10%):
5.6.3 Subtract the aggregate of previous payments 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 determines 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, if any, shall be as follows: None
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
raph 12.2.2 of
the General Conditions and to satisfy other requirements, if any, which necessarily survive final
payment: and (2) a final Project Certificate for Payment has been issued by the Project Manager:
such final payment shall be made by the Owner not more than 20 days after the issuance of the final
Project Certificate for Payment.
ARTICLE 7
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 to the Local
Government Prompt Payment Act 218.735
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7.3 Temporary facilities and services:
None.
7.4
annual appropriation by the Board of County Commissioners.
Public Entities Crimes
7.5By signing this Agreement, Contractor represents that the execution
of this Agreement will not violate the Public Entities Crime Act (Section 287.133, Florida Statutes).
Violation of this section shall result in termination of this Agreement and recovery of all monies paid
hereto, and may result in debarment
In addition to the foregoing, Contractor further represents that there has been no
determination, based on an audit, that it or any subcontractor has committed an act defined by Section
287.133, Florida S
whether Contractor has been placed on the convicted vendor list.
Contractor will promptly notify the County if it or any subcontractor is formally charged with
affiliate who has been placed on the convicted vendor list following a conviction for public entity
crime may not submit a bid on a contract to provide any goods or services to a public entity, may not
submit a bid on a contract with a public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to public entity, may not be awarded or
perform work as 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 part of this contract:
Maintenance of Records:
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, or 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 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.
Governing Law, Venue, Interpretation, Costs, and Fees
b) : 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.
This Agreement shall not be subject to arbitration.
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Severability:
c) 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
provision with a valid provision that comes as close as possible to the intent of the stricken provision.
d) 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
urt costs, as an award against the non-prevailing party, and shall include
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.
Binding Effect
e) : 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.
Authority:
f) 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.
Claims for Federal or State Aid:
g) 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.
Nondiscrimination:
h) County and Contractor agree that there will be no discrimination
against any person, and it is expressly understood that upon a determination by a court of competent
jurisdiction that discrimination has occurred, this Agreement automatically terminates without any
further action on the part of any party, effective the date of the court order. County or Contractor
agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating
to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of
1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2)
Title IX of the Education Amendment of 1972, as amended (20 USC ss.1681-1683, and 1685-1686),
which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973,
as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on
the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating
to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of
1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of
alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et
seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to
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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, familial 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.
Covenant of No Interest
i) : 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.
Code of Ethics
j) : 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
position, conflicting employment or contractual relationship; and disclosure or use of certain
information.
No Solicitation/Payment:
k) 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.
Public Records Compliance.
l) Contractor must comply with Florida public records
laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the
Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and
possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the County and Contractor in conjunction with this contract and related to contract
performance. The County shall have the right to unilaterally cancel this contract upon violation of
this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall
be deemed a material breach of this contract and the County may enforce the terms of this provision
in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all
ing. This provision shall survive any
termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records Law in
order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required
to:
(1) Keep and maintain public records that would be required by the County to perform the
service.
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(2)
requested records or allow the records to be inspected or copied within a reasonable time at a cost
that does not exceed the cost provided in this chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the contract
term and following completion of the contract if the contractor does not transfer the records to the
County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records in
possession of the Contractor or keep and maintain public records that would be required by the
County to perform the service. If the Contractor transfers all public records to the County upon
completion of the contract, the Contractor shall destroy any duplicate public records that are exempt
or confidential and exempt from public records disclosure requirements. If the Contractor keeps and
maintains public records upon completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be provided to the
County, upon request from the
information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be made
directly to the County, but if the County does not possess the requested records, the County shall
immediately notify the Contractor of the request, and the Contractor must provide the records to the
County or allow the records to be inspected or copied within a reasonable time.
the public records contract provisions in acco
option and right to unilaterally cancel this contract upon violation of this provision by the Contractor.
A Contractor who fails to provide the public records to the County or pursuant to a valid public
records request within a reasonable time may be subject to penalties under section119.10, Florida
Statutes.
The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any
public records unless or otherwise provided in this provision or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS,
BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-
BRIAN@MONROECOUNTY-
TH
OFFICE 1111 12 Street, SUITE 408, KEY WEST, FL 33040.
Non-Waiver of Immunity:
m) Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of the County and the Contractor in this Agreement and the acquisition of
any commercial liability insurance coverage, self-insurance coverage, or local government liability
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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.
Privileges and Immunities:
n) All of the privileges and immunities from liability,
exemptions from laws, ordinances, and r
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.
Legal Obligations and Responsibilities:
o) 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.
Non-Reliance by Non-Parties:
p) 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.
Attestations:
q) 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.
No Personal Liability:
r) No covenant or agreement contained herein shall be deemed
to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or
her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable
personally on this Agreement or be subject to any personal liability or accountability by reason of the
execution of this Agreement.
Execution in Counterparts:
s) 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.
Section Headings:
t) 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.
Special Conditions
u) , if any are detailed in Section 01000 of the Project Manual for this
Project.
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Hold Harmless and Indemnification:
v) Notwithstanding any minimum insurance
requirements prescribed elsewhere in this agreement, the Contractor covenants and agrees that he
and employees harmless from and against (i) claims, actions or causes of action, (ii) litigation,
administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury
(including death), loss, damage, fine, penalty or business interruption, and (iii) costs or expenses that
may be asserted against, initiated with respect to, or
elected and appointed officers and employees from liabilities damages, losses and costs, including but
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 $1 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 of the project (including the work of others) is delayed or suspended as a
ctor shall
indemnify the County from any and all increased expenses resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within General Insurance Requirements Section 900. In the event any claims are
brought or actions are filed against the County with respect to the indemnity contained herein, the
Contractor agrees to defend against any such claims or actions regardless of whether such claims or
actions are rightfully or wrongfully brought or filed. The Contractor agrees that the County may
select the attorneys to appear and defend such claims or actions on behalf of the County. The
those attorneys selected by the County to appear and defend such actions or claims on behalf of the
County at both the trial and appellate levels. The County at its sole option, shall have the sole
authority for the direction of the defense, and shall be the sole judge of the acceptability of any
compromise or settlement of any claims or actions against the County.
Adjudication of Disputes or Disagreements:
w) 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. If no resolution can be agreed upon within 30 days after the
first meet and confer session, the issue or issues shall be discussed at public meeting of the Board of
County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties,
then any party shall have the right to seek such relief or remedy as may be provided by this
Agreement or by Florida law. This provision does not negate or waive the provisions of Paragraph X
concerning cancellation.
Cancellation:
x) 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 five days written notification to the Contractor.
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Cooperation:
y) 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.
Insurance:
z) Prior to commencement of work the Contractor will provide satisfactory
evidence of insurance as required in Specification Section 00900 General Insurance Requirements for
Construction Contractors and Subcontractors. The Contractor shall name the Monroe County Board
Ownership of the Project Documents
7.7: 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.
Successors and Assigns:
7.8The Contractor shall not assign or subcontract its obligations under
this agreement, except in writing and with the prior written approval of the Board of County
Commissioners for Monroe County, 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 of the 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 of such other party.
No third Party Beneficiaries
7.9 : Nothing contained herein shall create any relationship,
contractual or otherwise, with or any rights in favor of, any third party.
Americans with Disabilities Act of 1990 (ADA)
7.10 - 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 CONTRACTOR pursuant thereto.
ARTICLE 8
Termination or Suspension
8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of
the General Conditions.
8.2 The Work may be suspended by the Owner as provided in Article 14 of the General
Conditions.
ARTICLE 9
Enumeration of Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this Agreement,
are enumerated as follows: See Article 1
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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.
9.1.3The Supplementary and other Conditions of the Contract are those contained in the Project
Manual dated April 2016 and are as follows:
As listed in Table 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,
and 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:
CDM Signed and Sealed March 2016:
Sheets 1 to 25.
9.1.6 The Addenda, if any, are as follows: Addenda 1 and 2.
Portions of Addenda relating to bidding requirements are not part of the Contract Documents 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: Monroe
County Bid Form in Section 00110.
See Article 1.
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