Item C07BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe A(I Mayor George Neugent, District 2
T he Fl orida Keys 4� �� m Mayor Pro Tem David Rice, District 4
l Danny L. Kolhage, District I
„ Y
„; ° W Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
June 21, 2017
Agenda Item Number: C.7
Agenda Item Summary #3010
BULK ITEM: Yes DEPARTMENT: 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 General
Asphalt Company, Inc. for construction of the Key Largo I Roadway and Drainage Improvements
Project in the amount of $2,045,052.33.
ITEM BACKGROUND: The Key Largo I Roadway and Drainage Improvements Project is
comprised of streets in the Bay Haven, Dove Creek Estates and Seaside subdivisions in Key Largo.
The project was advertised for construction bids on March 28, 2017. Three bids were received on
May 16, 2017, with General Asphalt Company, Inc. the lowest responsive /responsible bidder. The
project was designed with adjustments for sea level rise and the bid amount is consistent with the
engineer's estimate.
PREVIOUS RELEVANT BOCC ACTION:
In March 2013, the BOCC approved a contract with EMS Infrastructure Management Services for
Asphalt Pavement Evaluation Services for County roads.
In January 2014, the BOCC approved the On Call Contract for Professional Services between the
County and EAC Consulting, Inc.
In July 2015, the BOCC approved a task order with EAC Consulting, Inc. for engineering design and
permitting services for the Key Largo I Roadway and Drainage Improvements Project in the
maximum not to exceed amount of $299,931.00.
In March 2017, the BOCC approved Amendment 1 and a task order with RS &H, Inc. under the
roadway and drainage program contract for construction engineering and inspection services (CEI)
for the Key Largo I Roadway and Drainage Improvements Project in the maximum not to exceed
amount of $262,160.57.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approve construction contract with General Asphalt Company,
Inc. for Key Largo I Roadway and Drainage Improvements Project.
DOCUMENTATION:
Key Largo 1 Contract
Bid Tab Key Largo I Roadway Drainage Proj
FINANCIAL IMPACT:
Effective Date: June 21, 2017
Expiration Date: 300 days to substantial completion of construction; 30 days thereafter to
final completion.
Total Dollar Value of Contract: $2,045,052.33
Total Cost to County: $2,045,052.33
Current Year Portion: $500,000.00
Budgeted: yes
Source of Funds: 102 — Gas 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: No
County Match: N/A
Insurance Required: yes
Additional Details: County Roa
m
06/21/17 304 -27000 - TRANSPORTATION PROJECTS
County Road Improvement
$2,045,052.33
REVIEWED BY:
Judith Clarke
Completed
05/24/2017 12:01 PM
Christine Limbert
Completed
05/24/2017 5:05 PM
Budget and Finance
Completed
05/26/2017 3:26 PM
Maria Slavik
Completed
05/30/2017 7:21 AM
Kathy Peters
Completed
05/30/2017 10:39 AM
Board of County Commissioners
Pending
06/21/2017 9:00 AM
� I : • � I I! � I 11127111!111��J !1111�
iri:rilir i I Emm
Standard Form of Agreement
Between Owner and Contractor
nere the basis ofpayment is a STIPULATED SUM
And the Contractor: General Asphalt Company, Inc. ("Contractor")
Mr. Robert Lopez
4850 NW 72 Avenue
Miami, FL 33166
For the following Project: Key Largo I Roadway and Drainage Improvement Project
Key Largo
Monroe County, Florida ("Project")
Mg=
. I I
off I I
EAC Consulting, Inc.
815 NW 57 Avenue, Suite 402
Miami, Florida 33126
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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 Documents, Milestone
Schedule, Bid Documents and Contractor's Bid, Addenda issued prior to execution of this Agreement,
other documents listed in this Agreement and Modifications issued after execution of this Agreement.
These 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.
ARTIC1,F, 1
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 the
Contractor with reference to the Key Largo I Roadway and Drainage Improvement Project.
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
300 Days after the Date of Commencement, subject to adjustments of the Contract Time as provided by
the Contract Document.
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LIQUIDATED DAMAGES
Liquidated damages will be based on the Substantial Completion Date for all work, modified by all
approved extension in time as set forth by the Owner'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.
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.
Balance of Page Intentionally Left Blank
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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
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.
Balance of Page Intentionally Left Blank
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ARTICLE 4
Contract Sum
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the
Contract, for the Key Largo I Roadway and Drainage Improvement Project the
Contract Sum of TWO MILLION FORTY FIVE THOUSAND FIFTY TWO DOLLARS
AND 33 CENTS ($2,045,052.33), subject 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: 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 to by the
Owner, 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 actual
net cost as confirmed by the Owner. When both additions and credits covering related Work or
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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 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 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 Monroe County's performance and obligation to pay under this contract is contingent upon an
annual appropriation by the Board of County Commissioners.
7.5 Public Entities Crimes By 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 from County's competitive procurement activities.
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
Statutes, as a "public entity crime" and that it has not been formally charged with committing an act
defined as a "public entity crime" regardless of the amount of money involved or whether Contractor
has been placed on the convicted vendor list.
Contractor will promptly notify the County if it or any subcontractor is formally charged with an
act defined as a "public entity crime" or has been placed on the convicted vendor list. A person or
affiliate who has been placed on the convicted vendor list following a conviction for public entity crime
may not submit a bid 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:
a) Maintenance of Records: Contractor shall maintain all books, records, and documents
directly pertinent to performance under this Agreement in accordance with generally accepted
accounting principles consistently applied. Each party to this Agreement or their authorized
representatives, or the Federal Emergency Management Agency or its designee, shall have reasonable
and timely access to such records of each other party to this Agreement for public records purposes
during the term of the 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.
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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.
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 provision with a valid provision that comes as
close as possible to the intent of the stricken provision.
d) Attorney's Fees and Costs: The County and Contractor agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable
attorney's fees and court costs, as an award against the non - prevailing party, and shall include attorney's
fees and courts costs in appellate proceedings. Mediation proceedings initiated and conducted pursuant
to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and
customary procedures required by the circuit court of Monroe County.
e) Binding Effect: The 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.
g) Claims for Federal or State Aid: Contractor and County agree that each shall be, and
is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this
Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be
approved by each party prior to submission.
h) Nondiscrimination: County and Contractor agree that there will be no discrimination
against any person, and it is expressly understood that upon a determination by a court of competent
jurisdiction that discrimination has occurred, this Agreement automatically terminates without any
further action on the part of any party, effective the date of the court order. County or Contractor agree
to comply with all Federal and Florida statutes, and all local 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
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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 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.
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.
j) Code of Ethics: County agrees that officers and employees of the County recognize and
will be required to comply with the standards of conduct for public officers and employees as delineated
in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts;
doing business with one's agency; unauthorized compensation; misuse of public position, conflicting
employment or contractual relationship; and disclosure or use of certain information.
k) No Solicitation /Payment: The County and Contractor warrant that, in respect to itself, it
has neither employed nor retained any company or person, other than a bona fide employee working
solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual, or firm, other than a bona 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.
1) Public Records Compliance. 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 inspection of, all
documents, records, papers, letters or other "public record" 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 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 attorney's fees and costs associated with
that proceeding. 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.
Me
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.
(2) Upon receipt from the County's custodian of records, provide the County with a copy of the
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 County's custodian of records, in a format that is compatible with 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.
If the Contractor does not comply with the County's request for records, the County shall enforce the
public records contract provisions in accordance with the contract, notwithstanding the County's 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 sectionl 19. 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 CONTRACTOR'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT
PHONE# 305- 292 -3470 BRADLEY- BRIAN(&,MONROECOUNTY- FL.GOV,
MONROE COUNTY ATTORNEY'S OFFICE 1111 12 Street, SUITE 408, KEY
WEST, FL 33040.
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m) Non - Waiver of Immunity: 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 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.
n) Privileges and Immunities: All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules, 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.
o) 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.
p) Non - Reliance by Non - Parties: No person or entity shall be entitled to rely upon the
terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or
entitlement to or benefit of any service or program contemplated hereunder, and the County and the
Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either
shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group
of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart,
inferior to, or superior to the community in general or for the purposes contemplated in this Agreement.
q) Attestations: Contractor agrees to execute such documents as the County may
reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free
Workplace Statement.
r) No Personal Liability: No covenant or agreement contained herein shall be deemed to
be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of Monroe County shall be liable
personally on this Agreement or be subject to any personal liability or accountability by reason of the
execution of this Agreement.
S) 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 the same instrument and any of the parties hereto may execute this Agreement by signing any
such counterpart.
t) 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.
MIZ
u) Special Conditions, if any are detailed in Section 01000 of the Project Manual for this
Project.
v) Hold Harmless and Indemnification: Notwithstanding any minimum insurance
requirements prescribed elsewhere in this agreement, the Contractor covenants and agrees that he shall
defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and
employees harmless from and against (i) claims, actions or causes of action, (ii) 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 sustained by the County and the COUNTY's elected and appointed
officers and employees from liabilities damages, losses and costs, including but not limited to,
reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful
misconduct of the Contractor and persons employed or utilized by the indemnifying party in the
performance of the construction contract. The monetary limitation of liability under this contract shall be
not less than $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
result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall
indemnify the County from any and all increased expenses resulting from such delay.
The first ten dollars ($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 Contractor
further agrees to pay at the Contractor's expense the attorneys' fees and costs incurred by 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.
w) Adjudication of Disputes or Disagreements: The Owner and Contractor agree that all
disputes and disagreement shall be attempted to be resolved by meet and confer sessions between
representatives of each of the parties to be commenced within 15 days of the dispute or claim. If the
issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right
to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision
does not negate or waive the provisions of Paragraph X concerning cancellation.
x) Cancellation: In the event that the Contractor shall be found to be negligent in any aspect
of installation, stocking, maintenance, repair, or service, the County shall have the right to terminate this
agreement after five days written notification to the Contractor.
y) 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.
Z) Insurance: 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 of
County Commissioners, its employees and officials as "Additional Insured" on all policies except for
Worker's Compensation.
7.7 Ownership of the Project Documents: The documents prepared by the Contractor for this Project
belong to the County and may be reproduced and copied without acknowledgement or permission of the
Contractor.
7.8 Successors and Assigns: The Contractor shall not assign or subcontract its obligations under this
agreement, except in writing and with the prior written approval of the Board of 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.
7.9 No third Party Beneficiaries: Nothing contained herein shall create any relationship,
contractual or otherwise, with or any rights in favor of, any third parry.
7.10 Americans with Disabilities Act of 1990 (ADA) - The CONTRACTOR will comply with all
the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder,
and the assurance by the CONTRACTOR pursuant thereto.
7.11 The Contractor agrees to utilize the U.S. Department og Homeland Security's E — Verify system
to verify the employment eligibility of all new employees hired by the Contractor during the contract
term. The Contractor will require all subcontractors to utilize the E — Verify system as well.
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.
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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
9.1.1 The Agreement is this executed Standard Form of Agreement between Owner and Contractor
9.1.2 The General Conditions are the General Conditions of the Contract for Construction.
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project
Manual dated March, 2017 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:
EAC Signed and Sealed October 2016:
Sheets G -1, SQ -1, SD -1 to SD -3, G -2, G -3A to G -3B, G -4 to G -16, SW -1 to SW -5,
RD -1 to RD -28, SP -1 to SP -14
9.1.6 The Addenda, if any, are as follows: Addendum 1 dated 4.6.17.
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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+ • . + + . + +♦ Emm
t 1UTNESS WHEREOF t h e part h ereto execut
written above in i counterparts r p roof
c ounterp arts,
'SE Xs C OU N TY ,
Att MONR COUNTY FLOR
MONROE COUNTY ATTORNEY
/APPROVED AS TO FORM:
CHRISTINE M. LIMBERT - BARROWS
ASSISTANT COUNTY ATTORNEY
Date tZ�
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BUDGET AND FINANCE
PURCHASING DEPARTMENT
TABULATION SHEET
OPEN DATE: MAY 16, 2017 AT 3:00 PM
TITLE: KEY LARGO 1 ROADWAY & DRAINAGE PROJECT
MONROE COUNTY, FLORIDA
RESPONDENT
BID BOND
BID AMOUNT
General Asphalt Company, Inc
5%
$2,045,052.33
Ferreira Construction Southern Division Co., Inc
5%
$2,225,961.37
Douglas N. Higgins, Inc.
5%
$3,364,913.00
Bid Committee Present Clark Briggs
Members of the Public Present David Fernandez (D.N. Higgins), Gabriel Martinez (General Asphalt)
I hereby certify that this is a true and correct copy of said bid opening and that all bidders listed above have been checked against the
State of Florida Convicted & Suspended Vendor listings. All bids listed above were received by the date and time specified.
Bid Opened By: Lisa Abreu, OMB