Item D06
Meeting
Bulk Item: Yes
No
Contact Person:
S, Koppel,
AGENDA WORDING:
$2,353.351.50 Big Pine Key Roads
and Risk Management.
Community
the County
ITEM BACKGROUND: On August 11,2005, two
Corp, in the amount of $2,353,351,50; and (2) General Co,
South Florida Water Management be reimbursing Monroe
storm water improvements in an amount to be determined.
PREVIOUS RELEVANT HOCC
April 20, 2005.
on
CONTRACT/AGREEMENT
New
ST AFF RECOMMENDATIONS:
approval.
as stated above
budget
TOTAL
COST
OF
REVENUE
APPROVED
County Atty
DIVISION
DOCUMENT ATION:
Not
Revised 2/05
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MONROE
SUMMARY
Contract with: COMMUNITY ASPHALT
CORP, #
Date:
commencement
Contract Purpose/Description:
A roval to award bid and enter
in the amount of 1 for
Contract Manager:
for B OCC
on
09/2
A
COSTS
Total
Budgeted?
Grant $
County Match: $
Estimated Ongoing Costs: $__/yr
(Not included in dollar value above)
For:
(err, maintenance,
Date In
Division
Risk
County
Comments:
OMB Form Revised 2/27/01 Mep #2
Ssp-06-2005 17:15
From-MONROE COUNTY ENGINERING
+3052954321
T-135 POOl
F-532
.lii.g'y'ine Kev X Roadwav Improvemenl.~
Section 00500
Standard Form of Agreement
Between Owner and Contractor
where the basis of payment is a STIPULA TED SUM
AGREEMENT
made as of the
TWO THOUSAND AND FIVE
(/11 Ward.!, [lId/calt! da,v, mantl, ami yea,..)
day of
in the year of
BETWEEN the Owner:
(Name and address)
Monroe County Board of County Commissioners
500 Whitehead Street
Key West, Plorida 33040
and the Contractor:
(Name and address)
Community Asphalt Corp.
14005 N.W. 186111 Street
Hialeah, Florida 33018
For the following Project:
Big Pine Key X Roadway Improvements
Big Pine Key, Monroe County, Florida.
Scope:
The Scope of Work shall include, but not be limited to, all work
shown and listed in the Project Drawings Clnd Project Manual.
The Conu'actol' is required to provide a complete job as
contemplated by the drawings and specit1C<ltions, which are a
part of this bid package.
The COllstruction Manager is;
Monroe County Engineering Division
1100 Simonton Street
Second Floor - Room 2-216
Key West, Florida 33040
The Engineer is:
David S, Koppel, P .E,
Monroe County Engineering Di vision
1100 Simonton Street
Second Floor Room 2-216
Key West, Florida 33040
The Owner and Contracto1' agree a~ set forth below.
03-Feb-05
STANDARD FORM OF AGREEMENT BETWEEN OWNER ANDCONTRACJDR
~P5()(J.:: 1
sep-uc-~UUo 1(:10
From-MONROE COUNTY ENGINERING
+3052954321
T-135 P,002/008 F-532
~Pinc Key X Roadway' Improvements
ARTICLE 1
The Contract Documents
The Conlract Documel1L~ consist of thill Agreement, Conditions of the Contrllcl (General, SupplemenLary and othcr
Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agrec:mcnt, other dOcuments listed
in this Agreement and Modifications issued after execution of this Agreement: these form the Contract, and are as
fully a pan of the Contract as if attached 10 this Agreement or repeated herein. The Contract reprcsellts the entire
and imegrated agreement between Lhc pal'tie~ herelo and supersedes prior negotiations, representations or
agreements, either written or oral. An enumeration of the COl1U<lCl Documents, other than Modificarion~, appears in
Article 9,
ARTICLE 2
The Work of this Contract
The COntracLor shall execure th~ entire Work described in Lhe Contract Doctlmcnls, exclJpt to the extent speeiticaIly
indicated in the Contract Documents Lo be the feilponsibiliLy of others, or as follows;
Scope OfWOl'k as speeifiad in the Project Manual tor this project, Section 00300,
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commt:11cernent is rhe daLe from which Lhe Conu'act Time of Paragraph 3,2 is measured, and
sh::tll be the date o[this Agreement. as first written above:, unless a different date is staLed below or provision is made
tor Lhe dale to be fixed ill" notice to pl'ocf:ed issued by the Owner,
Ten (10) calendar days from Notice Lo Proceed unless otherwise agreed in writing by Contractor and Construction
Manager,
Unless the date of commencement i~ established by a notice to proceed iSllucd by the Owner. the Contractor shull
notify the Owner. through the ConsLnlction Manager, in writing nOLless than five dl.lys before commencing the
Work,
3.2 The COnLractor shall achieve Substantial Complction of the entire Work 110t later Lhan
One Hundred Twenty (120) Dayt> after (he Date ofCommel1cem~nl
Subject to adjustments ofdle Contract Tim.;: <>>; provided by the Contract Document
l../QUIDATED DAMAGES
Liquidated dalll:lgcs will be bn~ed on Lhe S\lbslllnlilll COmplclj.ln D;!lt.:: rorull \\ILll'k. modilied by all appto"ccl el'lt.::nsion in lime 3$ sel forth by Ih"
C\'n~lnlclion M:lIl:lgcJ"~ SigffillUn: of lIppmVJlI.ln lhe Cerciticate or SubSli.\I1tlnl COIl1I,letinn, Tho: Iiquidllu:t1 d:lllliJges tub Ie below $h:\1I hI: utilized
10 deLeJ'.ninc the:: ::Imounl ofliquid3led tJiIlnag~.
C:ONU,1,Cf AMOUNT
Under 50,01)1),00
SSO.OOO,OO-$C)1).999,OO
$1 00.000,U04')<). 99'>,()()
$$(l(l.OOIl,() nnd Up
FlI~ST
l.ill6.Y.S.
$50.00/DA V
I OIl,IJO/DA Y
20().O(IIDA V
SUU.llll/l)A Y
SECOND
r 5 DAYS
$lllO.OO/DI\. y
201l,fJOIDI\ Y
500.00/DI\ V
1.000,00101\ Y
31~TDA't&
:nIERRAF"rr3'R
Sl250,OO/DA Y
750.00101\ Y
2.00().(IO/Di\ Y
3.500,lJO/DA \r
TilL: Contl'llclor's recov~l)' nrtlul11t1gL"S. ;\Ild .Ille r.:l1l~dy lilr ;lJl~ J~lilY caused by [hi! Owncr ,;hulI be ,:lI\ C~IC,,~i(}lll1i' lim~ on th~ CIll1lnlCt.
03-Feb-05
STAND^RDfORM OF AGREEMENrBEIWEENOWNERANDCON1RACTOR
fX)50(l: 2
Sap-06-2005 17:16
From-MONROE COUNTY ENGINERING
+3052954321
T-135 P,003!008 F-532
Bil! Pine K_ev X R.Dadw~v Improvemems
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 TWO MILLION nLR.Ii.E. HUNDRED FIFTY-THREE THOUSAND THREE HUNDRED
FIFTY-ONE AND SO/lOU-----DOLLARS, ($2,353,531.50) subject to additions find deduction$. as provided in the
Contract Documents.
4.2 The COlllract Sum is based upon the following alternates, if any. which are dc~cribed in the Contmcr
Documents and 1m:: hereby ilCcepled 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 thc Contractor to the Conl,tructiOQ Manager, and upon
Project Applications and Cerlificatl'lS for Payment issued by tht: COI1struction Manager and Architect, the Owncr
l\h<11J make progress payments on account oftht: Contract Swn to the contl'actor as provided below and c::]sewhen:: 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
me month, or as follows:
5,3 Provided an Applie.nion for Pllymcnt is submitted to the Construction Manager not later than thc First day
ofa month, the Owner shall make paymcnlto the Contractor not later than the Twenty-first day of the Same
month. If an Application for Payment i~ received by the Construction Manager aftel' dle application date fixed
above, payment shall be:: Tllildr:: by the Owm::r not later ilian TwentY days after the Construction Manager receives
the Application for Payment.
SA Each Application tor Payment shall be based upon the Schedule ofValueli submitted by the Contractor in
accord<1ncc with thc Contract Documenlt:. The Schedule of Values shall allocate the enlire Contract Sum among the
various ponioDs ofthc:: Work and be prepared in such form and supported by such data to ~mbstamiate it..~ accuracy as
rhe Construction Manager or Architect may require, This schedule, unleS::l objected LO by the Conslruction Manager
or Architect, shull be lIsed "s a basis for reviewing: the Contractor's Applications for Payment,
5.5 Applieation~ for Payment ::hall indicate the percentage of completion or euc:h portion of the Work as ofrhe
end of the period covered by the Application for Paymem.
5,6 Subject to the provisions of the Contract Documents, the amounl of each progres:; pfJymenl :;hall be
computed as follows:
5.6,[ Take thaI portion of tbc Contract Sum properly allocable to compleled Work as det~mljneu by multiplying
the percentage completion of c8t;h portion of Lhe Work by (he :o::hare of the total Contract Sum allocated to that
ponion orche Work in (h~ Schedule ofValue~, less rdLl.\imlge ofTen p~rcenr (10%), Pendillg final detenl1ination of
cosl to the Owner of changes in lhe Work. amounts not in dispute may be includ~d in applications ror Pclyml:n[. The
amollnl of credit to be ul10wed by lhe Contractor tu rhe Owner lor a deletion Or change which l'esults in a net
decrem::c in the Contract Sum shall bc actualllct cost as COllti1111Cd by the: Construction Manager, When both
addition~ and credits covering related Work or substitutions arc involved in a change the allownnce for overhc3d and
profi t "hall bt: fij"."tIr.:d on the basi" of nilt increll,;e, if any, wi tl1 respecl [0 that change.
03-Fd>05
STANDARD lURMOF AGREEMENT BE'l WEEN OWNERANI)CONTRACfOR
~105<](I..~, 3
Sap-06-2005 17:16
From-MONROE COUNTY ENGINERING
+3052954321
T-135 P.004/008 F-532
!}i~ Pine Kev X RQadwD.V Impr()'Jemcnt~
5,6.2 Add thal ponion of the Contract Sum properly allocable m lll:lteriCJ!s and equipment delivered llnd suilably
stored al the site for subsequent incorporation in the completed construction (or. if approved in advance by the
Owner. suitubly slored offlhe site at a 10c:1tion agreed upon in writing), less retaillage (If Ten percent (l0%):
5,6.3 Subtract the aggregate of previous payments made by the Owner; and
5,6.4 Subtract amounts. if !Any. for which lhc Construction Manager or Architect has withheld or nullified a
Certificate for Payment as provided in Paragraph 9,5 of the Gencral conditions,
5,7 The progress payment amount determined in accordancc wifh Paragraph 5.6 shall be funher modified under
the following circumstanccs:
5,' ,( Add. upon Substantial Completion of the Work, a ~um ~ul'licienllo incTl::a~c:: Ihe lOLl'll puymcnts to Ninetx
percenl (90%) of the Contract Sum, less such amounL.. as the:: Con:-lruclion Manager rec(lmmends find the Architect
c~tennine~ for incomplete Work and urn;ctUcd claims; and
5,7,2 Add. if limd compli:lion of the Work is thereafter materially delayed dlrough no fault of the ContractOr, any
additional amounts payable in accordance wilh Subparagraph 9,10.3 of the General COIlditions.
5.8 Reduction or limitation ofrerainage, ifllny, shall be as foHows: None
ARTICLE 6
Final Paymen[
Final payment. constiluting [he cntire unpaid balance of the Contract SUIlI. shall be made by tbe Owner to the
Contractor when (1) the COlltr<lct has been fully perI(lrmed by the Contractor except for the Contmctor's
responsibilily to correct nonconforming Work as provided in Subparagraph 12.2,2 of the General Conditions and 10
satisty other requiremems, if any, whieh necessarily survive final payment: and (2) a final ProJect Cenificate fOI"
Payment has been issued by the Construction Manager and Architect: such t111al payment $hall be made by the
OWllel' not more than 20 days after the issuance c r the final Project Certificate for Payment, or as follows:
ARTICLE 7
Miscellaneous Provisions
7,\ Where reference is made in this Agreement to Ii provision of thc General Conditions or another ConlT'act
Documt.:nl, the; rderr::m;c refers to that provision ::is amended or supplr:.menlc:d by other provisions of the Contract
Documelus,
7,2 Payments due and unpaid under the Conn'act shall bear intereSI rrom the dale payment i~ duc at the rate
stated below, or in the absence then~of, allhe legal rate prevailing from time to rime at lhe place where the Project is
located,
N/A
7.3 Temporary facilities and services:
A:; I;!;led in T,mlt: of Contents. Section 0000 I of the Pl'Oject Manual lor this project,
7.4 Monroe CounlY's performance and obligation to pay under this contract is contingent upon an anl1uul
nppropriation by the Board ofCounly Commissioners,
7.5 A person or affiliate who has been placed lm the convicted vendor list following a conviclion fOI' public
entity crime muy nol submit II bid on a contract to provicle lmy good.~ or scrvices to a public entity, 11.1ay not
~llbmit 11 bid On !l contract wilh a public enlity for the construction or repllir of n public building or public
03-Fc.\::l.05
STANDARD FORM OF AGREEMbl~TBElWEEN OWNERANDCON1RACfOR
~50(~,~4
Sep-06-2005 17: 16
From-MONROE COUNTY ENGINERING
+3052954321
T-135 P 005/008 F-532
Bil!; Pine Key X RondwllV J mprovelTIenlS
work, may flot ~ubmit bids on leases of real properly to public emity. may nOL be awarded or pcrfom1 wC)rk
as contractor, supplier. subcontractor, or consultant under a contract wilh any public entity, and may flot
transact businedll WI th any public entity in excess of the threllhold amount provided in Section 287_017, for
CA TEGOR Y TWO for a period of 36 months from the date of being placed 011 tIle convicted vendor list.
7,6 Th~ following items are part of this comract:
:1) Contractor shull maintain all books, records, and documents directly pertinent to performance
under thi$ Agrecmcnt in accordance with gcnerally accepted accounting principles consi:;;tendy applled, Each party
to this Agreement or their amhorized representatives shall have reasonable and timely access to such records of each
othl;r party co this Agreement for public records pllrpoSel: during the term of the Agreement and Cor tour years
following the lermination of this Agreemenl, If an auditor employed by the County or Clerk determine:;; that monies
paid to Contractor purlluant to thi:; Agreement were spenl for purposell not authorized by this Agreemenl, the
ConrraCLor shall rcpay 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 AgrecmenL shall be governed by
and construed in accordance with thc laws of the State of Florida applicable l.() contracts made and 10 be per/ooned
entirely in the State,
In the event that any cause of action or administrative proceeding i!\ instituted for tbe enforcement
or interpretation of this Agreement, clle County and Conlractor agree that venue will lie in the appropriate court or
before the appropriate administrative: body in Monroe Counry. Florida.
c) Severability, If any term, covenant, condition or provision of tills Agrcement (or [he application
lh~reor to any circumslance or per~OIl) shall be declared invalid or unenforceable to any extent by a court of
COlnpetem Jurisdiction, the remaining terms, covenanl.$, conditions and provisions of this Agreement, shall not be
affceted thereby; and eaeIl remaining term. covenant, condition and provision of this Agreement shall be valid and
shall be enforceable lo the fullest extent permitted by law unless Lhe el,forcement of thc~ remaining terms, covenants,
condition..~ and provisioIlB of this A~reement would prevent the accomplishment of the original iJltenl of chil;
Agreement. The County and Conlractor ngree to retorm the Agreement to replace :lnY stricken provision with u
valid provision thal come!1 a'l close <IS possible to the: intent or [he stricken provision.
d) Attorney's Fees nnd Cost..'1, TIIC County and Conlractor 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 pm1y shall be entitled to reasonable attorney's fees. courl costs, investigative, and out-ot:'
pocket expenses, a.'1 an award against the non-prevailing parry, and shall include allomey's fees, courts costs,
investigative, and out-of-pocket expenses in appellate proceedings, ModinLion proceedings initiated and conducted
pursuant to this Agreement shall be in accordance with Ule Florida Rule!1 of Civil Procedure and usual and
cuslomary procedures required by the circuit court of Monroe County,
e) Binding Effect. Thc temlS. cov~mmtll, conditiorl.'l, and provisions o[t.his Agrtrelnent shall bind and
inure to the benefit of the County and Contractor and their n::1>'}Jcctivc; legal represelllauvcs. successors, and assign!1,
J) Authority, Each party rcprcsent~ and warrants to the other that tht;; execution, delivery and
performance of this Agreement have been duly authorized by all neces.:lary County and corporate action, as requlred
bylaw.
g) Claims for Federal or State Aid, Contracror and CoulllY agreo that each shall be, and is,
empowered to apply for, seek, and obtain federnl and slilte:: funds to further the purpose or this Agreement; provided
that all applications, requcsts. l,Tffinl proposals, and funding solicitacions shall be approved by each pany prior to
!1ubmission,
h) Nondiscrimination, County and Contmc:tor agree that there wiU be no discliminalion aguinsl uny
perSOl1, and it is Cx.pn.:ssly understood that upon a detenuin<ltion by a court or compeCCl1t jurisdiction thar
discrimination ha:; l~ccun'ed, this Agreement automatically lern1infnes without :iny Cunhcr action on tbe pllrl of any
party, effective the dll~e llf the COlu.t order. County or Contractor agree 10 comply with all Federal and Florida
stalute$, and aUloea} ordinances. !IS applicable. relating to nondiscrimination. These include but are not limited to:
1) Title VI of tl1e Civil Riglu$ Act of 1964 (Pl 88-352) whlch prohibit:; discrimination on the ballis or race, color or
natiol1al origin; 2) Tille IX of the Eductllion Amendment of 1972, as amended (20 use ss,1681-( 683. nnd 1685-
03-Fel:r05
STANDARD FORM OF AGREEl\1ENTBE1WEEN OWNERANDc..'UNIRACroR
(X)5CJ(1.: 5
Sap-06-2oo5 17:17
From-MONROE COUNTY ENGINERING
+3052954321
T-135 P,006/008 F-532
Bil!: Pine Kev X Roadway Im[l.r,.QvC:ll1el1t~
1686). which prohibitJ.: discrimination on lhe ha'lis o( ~6; 3) Section 5IJ4 of lor;: Rehabilitation Act of 1973. as
amended (20 USC s. 794), which prohibits discrimination on the basis ofhalldicaps~ 4) The Age Dil;crimination Act
of 1975, as Jmended (42 USC ss, 6101-6107) which prohibits discrimination on the basis of age~ 5) The Drug Abuse
Office and Treatmenl Act of 197'1. (PL 92-255), !IS amended, relating to nondiscrimination on the basis of drug
abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prcvention, Trealment and Rehabililation Act of 1970
(PL 91-616), a~ amcnded, relatil1g 10 nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public
Health Service Act of 1912, ss, 523 and 527 (42 use ss. 690dd-3 and 290ee-3), as amcnded, relating to
confidemiality of alcohol and drug abuse paLent records; 8) Title vm or the Civil Rights Act of 1968 (42 USC s_ et
scq,), as amended, relating to nondiscrimination in the sale, rental or financing of hmlsing; 9) The Americans with
Disabilities Act of 1990 (42 use s. 120 I Note), as maybe amended from time to time, relating lo nondiscrimination
on the basis of disability; 10) Monroe County Code Chapter 13, AnicJe VI, which prohibits discrimination on the
basis ofrace, color, sex, relibriol1, natio11<ll origin, ancestry, sexual orientation, gender identity or expression, familial
status or age~ 11) Any other nondiscrimination provisions in any Federal or stale statutes whieh may apply to the
panies to, or the subject m~\l[er of, this Agl'eemcnl.
i) C,lvenant orNo Interest, County and ContractOr cOve:llIlDt that neither presently has !lny interest,
and shall not acquire any interest, which would conflict in any manner 01' degree with its perfoffilanee under this
Agreement, and that only interest of each is to perfonn and receive bc:nefirs as recited iuthis A{,'rc:emenr,
j) Code of Ethics, County agrees that officers and employees or the County recognize !lnd will be
required Lo comply with thc standards of conduct for public ot1icers and employees as uelinealcd in Section 1 J 2.313,
Floric.l" Statutcs, regarding, but nOllimitcd to, soliciHuion or acceptance or gifl.s; doing business with one's agency;
unauthorized compensation; misuse of public pOI:,;lion, eontlictin~ employmcnt or contractual rell1tionship~ and
disclosure or use of cc;rtain information_
k) No Salici!lllion/Pnymem_ The COUnLy and Conu.actor wllmmt that.. in respect to itselt: it has
neither employed nor retained any company or person, odler than a bona fide employee working solely for it., [0
solicit or secure: this Agreement and that it has nOl plIid or agreed [0 pay any person, company, coTpm-arion,
individual, or finn, other than Ii bona fide employee working solely for it., any fee, commission, percentage, gift. or
other consideration contingent apon Or resulting from the award or making of this Agreement. Far the breach ar
violation of the provision, the Contractor agrees that the County :lhall have the ri~ht to terminate this Agrc;c:mc:nt
wit!loulliability and, (It its discretion, to offSet from monics owed, or otherwise recover, the p.lll amount of such fee,
commission, percentage. gift, or consideration,
I) Public Acces:l, The Counly and Contractor shall allow and permit re<1sonable access 10, and
inspection of, all documems, papers, leltcn; or olher materials in it..'l po!t'iession or under its control i:lllbject to the
provisions of Chapter 119, Florida Statutes, and madc or received by the County and CnntTactor in conjw1clion with
this Agreement; and the County shall have the right to unilatcrlllly cancel this Agreement upon violation of tb~
provision by Contractor.
m) Non-Waiver of Immunity. Notwithswnding he pl'ovisions of See, 286.28, Floricla Slatutcs, the
participation of Ihe County and the Contractor in this Agreement and the acquisiLion of any commercial liability
insurance coverage, sell:'inslIT3nce coverage, or local l:\overn1llent liability insul'aJlce pool coverage shall nt.lt be
deemed <I waiver of immunity to the extent of liability coverage, nor shall any contn\ct entered into by the COUDty be
required lO conlain any provi~ion for waiver,
n) Privileges and Immunities, All of the privileges and immunities from liability, exemptions from
laws, ordinances, and rules and pensions and reliel: di~ability, workers' compcnsation, and other benefits which
apply to the activity of officers, agents, or cmployees of any public agents or empklyecs of the County, when
perlomling their respective functions under dlis AJ;:reement within the territorial limits of the County ~hall apply Lo
the same degree and ex.tcm to the performance of sllch functions and duties of such oft1cers, agents, volunteers, or
emplaye:es OUl$idc the ten'itariullimils of the County,
0) Leglll Obligations and Re~PQnsibi1itics: Non-Delegation of Con:;tiuJtional or Statutory Duties,
This Agreement is not intended to. nor shall it be c:onslTucd as, relieving any participaling entity from any obligation
or n::1>'jJonsibililY ilnpo:;ed upon the e11lilY by law excepl to the extent of aemal and limely performance Ihereof by
ally participatinz;t emity, in which ca.~e the performance may br;: offered in salisfaction of the obliglllion or
responsibility, purther, this Agreement is not imellded to, nor shall it be construcd a.\ol. authoriZing the delegation of
the COI\:Itil~llional or :o;t.:!turOl'Y duties of the Co~mty, except [0 Lhe ~l(tcnt permitted by the Florida cOl'l::titution, state
:ltntutc. and ca1'\e I1J w,
03-Feb-05
STANDARD FORM OF AGREEMENTBET'WEENOWNERANDCONfRACTOR
,!X}50!1:. 6
Sep-06-2005 17:17
From-MONROE COUNTY ENGINERING
+3052954321
T-135 P,007/008 F-532
Big Pine Kev X Roadwnv Improvement::
f)) Non-Reliance by Non-Pal1ic~, No person or entily shull be entitled La rely upon the term..o::, or any
of lhc:m. of this Agreement to enforce Of attempt to en.foree any Lhird-party claim or t:lllillc:menl to or benefil o~. any
service or program contc.::mplmed hereunder. ane! the Counly and the Contractor agree Ihal neither the County nor the
Contraclor or any agent, officer, or employee of either ~hall have the authority 10 inform, counsel, OJ' orherwi.!ie
indicate thaL any purlicular individual or group of individuals, entity 01' entitie:;;, have emiLlemenl.H or benc:fits under
this Agreement separLlte and apart, inferior ro, or !>'Upcrior to the community in gelleral or tor the pUtpoJ\el>
contemplated in this Agreement.
q) Atlest.nions, Contractor agrees to execute such documenL<; as Ihe County may reasonably require,
LO include a Public Entity Crime Smtement, an Ethics Statement, and a Drug-Free Workplace Statement.
r) No Personal Lil:lbility. No covenanl or ngreement contained herein shall be deemed to be a
covc:nam or agreement of any member, officer, agent or employee of Monroe County in hi~ or hc:r individual
capacity, and no member. oflicer, agent or employee of Monroe County shall be liable personally on this Agreement
or be subject to any personlllliabiliry or accountability by rcason of the c:x.eculion of Lhis Agreement.
s) ElteCulion in Counterparts. This Agreement lnay be executed in any number of counterparts, each
of which shall be regardc::d as an onginal. all of which taken together shall constitute One and the same ill.,<;trument
:md any of the parl.ie~ hereto nlay execute this Agreelnent by singing any such counrerplll1,
t) Section Headings, Section headings have been inserted in this Agreement as a maHer 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 imerprc:tation of any provision of this At,'Teement.
u)
Project.
Special Conditiom, ifany arc detailed in Section 01000 of the Project Manual [or this
ARTICLE 8
Termination or Suspension
8,1 The Contract may be teJ1Tlinuted by the Owner or the Contractor as provided in Arlicle 14 of the Genc:rlll
Condition..~,
&.2 The Work mlLY be suspended by the Owner as provided in Anicle 14 oCthe G~:neral Conditions,
Article 9
Enumeration of Contract Docum.ents
9,1 The Contract Dacumel\[~, except lor Modifications issued after execution of this Agreclnent, are
enumerated 3S follows;
9,1.1 The Agreement is this executed Standard FaYl'n of Agreement between Owner and Contl'actor,
9,1.2 The Gen.::ral Condilion:i l~re lhe General Conditions ot' Lhe Contract for Construction,
9,l.3 The Supplementary nne! orher Conditions of the Contract [lre those contained in [he Project Manual dated
03-Feb-05. and are <1..<: Collows:
Document
Title
Pages
As listed in Tablc of Contents, Section 00001 ofthc Project Manual for this project.
9.1.4 The Specitications are those cOnlained 111 the Pl'(Ijecl Manu.ll dated as in Subpa1'llgrnph 9.1,3, and arc as
J'olluw,;:
03-f'clJ.OS
STANDARD FORM OF AGREEMENTBE1WEEN OWNER ANDCONIRACTOR
~lO5O!.l..::.7
Ssp-OS-2005 17:18
From-MONROE COUNTY ENGINERING
+3052954321
T-135 P,008!008 F-532
Bilt.Pine KevJ< Roadway Improvc:ments
As listed in Table of Contents, Section 0000 I ofrhe Project Manual for this project_
9.1.5 The Drawings are;1:-; follow!>, and !lrl;: daled on each individual dl'awing ulllesf; a different daLe: is shown
below;
As listed in Table of Con rents, Section 00001 of the Project Manual for this project.
Contract Drawings,
9,1,6 The Addel\dn, if any, are os It'llows:
N umbel"
Date
Pages
Porrions of Addenda relating to bidding requireme1lts are nOl pan ofche Contract Documents ul\less tbe bidding
requircments are also enumerated in dU$ Article 9,
9.1.7 Other documents, if any. forming part of the COli tract Documents are as follows: Monroe County
Bid Form in Section 00110.
This Agreement is entered into as of the day and year first written above and is executed in at
least four original copies of which one is to be delivered to the Contractor, one each to the
Construction Manager and Architect for use in the administration of the Contract, and the
remainder to the Owner
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By
p '18'. ".1 ,,,,,. ,"'. "" ".~T\i
Mayor/Chairman ,v p:;'p~~~~.i~~s ~
Deputy Clerk
Dare
CONTRACTOR
By:
By:
Title:
END OF SECTION OOSO()
03-FM5
STANDARD FORM 01:'- AGREEMENTBEIWEEN OWNER AND CONTRACTOR
!P50!1:. 8