08/16/2017 Agreement1
i 1 1
Kevin Madok, CPA
Clerk of the Circuit Court & Comptroller — Monroe County, Florida
DATE: August 22, 2017
TO: Ray Sanders, Project Manager
Project Management
VIA: Tammy Sweeting
Executive Assistant
FROM: Pamela G. Hanc k, .C.
SUBJECT: August 16th BOCC Meeting
Enclosed is a duplicate original of Item C7, contract to the second lowest responsive bidder,
Specialized Property Services, Inc., for $352,720.00 for the Brick and Mortar Renovation construction
project at the East Martello, for your handling.
Should you have any questions, please feel free to contact me at extension 3550.
cc: County Attorney via e-mail
Finance via e-mail
File
KEY WEST
MARATHON
PLANTATION KEY
PK/ROTH BUILDING
500 Whitehead Street
3117 Overseas Highway
88820 Overseas Highway
50 High Point Road
Key West, Florida 33040
Marathon, Florida 33050
Plantation Key, Florida 33070
Plantation Key, Florida 33070
305- 294 -4641
305 - 289 -6027
305 - 852 -7145
305- 852 -7145
East Martello Brick and Mortar Restoration
Agreement
Between Owner and Contractor
Where the basis of payment is a STIPULATED SUM
AGREEMENT
Made as of the 16 day of August, 2017
BETWEEN the Owner: Monroe County Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
And the Contractor: Specialized Property Services, Inc.
9605 East US Highway 92
Tampa, FL 33610
For the following Project: East Martello Brick and Mortar Restoration
Scope of the Work
1. Project Overview
A. Project consists of structural stabilization of the historic masonry at the
East Martello Tower. The East Martello Tower is a National Register
historic site. All work activities must be undertaken with sufficient care to
protect this historic resource and must be supervised by personnel who
are familiar with the Secretary of Interior's Standards for Rehabilitation
and have been pre - qualified under General Specifications, Section I,
Bidding Conditions; Section II, Contractual Conditions; and Section III,
Forms.
B. The work will include, but not necessarily be limited to, the following items:
Restoration of historic brick and mortar dating from 1845 to 1862 using a lime
based mortar.
2. General Project Intent and Scope
Provide all labor, supervision, engineering, materials, supplies, equipment, tools,
transportation, surveying, layout, and protection for the proper execution and completion
of all the work in accordance with the Contract Documents. The Work shall include, but
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East Martello Brick and Mortar Restoration
not be limited to, that shown on the Drawings and detailed in the Technical
Specifications if any included in this Contract.
3. General Requirements
A. Construction work times shall be limited to: 8:00 am to 5:00 pm Monday- Friday.
B. Contractor needs to be aware of weather and location and plan accordingly.
C. Contractor needs to be aware of the facility, its vendors and staff with unusual
schedules and plan accordingly. Coordination of each days works shall be done
in advance with approval from County. All spaces interior and exterior shall be
cleaned and returned to normal work period/ day.
D. The Scope of Work shall include, but not be limited to, all work shown and listed
in the Project Drawings. The Contractor is required to provide a complete job as
contemplated by the drawings and specifications, which are a part of this bid
package. The Contractor shall furnish all labor, supervision, materials, power,
tools, equipment, supplies and any other means of construction necessary or
proper for performing and completing the Scope of Work, unless otherwise
specifically stated.
The contractor will be responsible to obtain all additional necessary permits and
approvals including the: Historic Architectural Review Commission of the
City of Key West, Monroe County Building Dept., and any other permitting
or regulatory agencies as applicable.
E. SPECIAL PROVISIONS
The following Special Provisions are intended to clarify the scope of work, or
highlight features of the work, or modify, change, add to, or delete from the General
Scope of this Proposal Package.
1. All licenses required in order to perform the scope of work in the specified
location, shall be procured and maintained by the contractor and his
subcontractors. Contractor shall submit copies to Project Management
prior to notice to proceed. Contractor's license shall accompany proposal.
2. Provide, replace, and maintain any safety rails and barricades as
necessary during the process of work, or during deliveries of materials or
equipment.
3. Contractor is to review Division 1 General Requirements for additional
responsibilities required in order to perform this Work.
4. If in the event of conflicting, or overlapping requirements in any area of the
proposal documents, technical specifications, or drawings, the most
stringent condition shall be proposed and constructed Notify Project
Management in any event, in order to not compromise the Owner's right to
make appropriate decisions.
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East Martello Brick and Mortar Restoration
5. Contractor shall maintain As -Built Drawings (Record Drawings per
Section 01720), of his work progression.
6. The Contractor shall not store materials, tools or debris inside the building
without written permission. Contractor shall provide suitable storage
container, and be responsible for disposal off -site of all debris and trash.
7. The Contractor shall coordinate with Owner's representative on available
hours for Job Site access. Job site will have limited 8:00 AM - 5:OOPM
work hours. Contractor will need to schedule work shifts typically from
8:00 AM- 5:OOPM weekly. Any change to agreed upon schedule must be
obtained in writing with a minimum of seventy -two (72) hours advanced
notice.
8. Coordination of each days works shall be done in advance with approval
from County. All spaces interior and exterior shall be cleaned and
returned to normal each work period.
9. Award of Bid will not be based solely on price; contractor and
subcontractors must demonstrate their qualifications and experience.
Proposals shall contain Pre - qualification requirements for award of
contracts. The contractor and subcontractors will be required to
demonstrate qualifications appropriate to the historical nature of the
project.
Documentation demonstrating such qualifications shall include, but not be
limited to:
1. Resumes of any academic training;
2. Evidence of possession of required licenses and /or business permits;
and
3. Evidence of on the job experience in historic preservation projects of a
similar nature.
In addition to the documentation required for contractors, individual
supervisors of craftsmen shall provide references, one (1) of which is an
Owner of a completed relevant historical project of the contractor and one
(1) of which is an Architect or Engineer for a completed relevant historic
project. Provide any additional information, including photographs, as
applicable, in order to show historic preservation experience.
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda
issued prior to execution of this Agreement, together with the response to RFP and all required
insurance documentation, and Modifications issued after execution of this Agreement. The
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Contract represents the entire and integrated agreement between the parties hereto and
supersedes prior negotiations, representations or agreements, either written or oral. An
enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the
event of a discrepancy between the documents, precedence shall be determined by the order of
the documents as just listed.
ARTICLE 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: N/A
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the
Owner.
The Contractor shall achieve Substantial Completion of the entire Work not later than Ninety -
(90) calendar days after the date of commencement or issuance of a Notice to Proceed. The
time or times stipulated in the contract for completion of the work of the contract or of specified
phases of the contract shall be the calendar date or dates listed in the milestone schedule.
Liquidated damages will be based on the Substantial Completion Date for all work, modified by
all approved extensions in time as set forth by the Director of Project Management's signature
of approval on the Certificate of Substantial Completion. The liquidated damages table below
shall be utilized to determine the amount of liquidated damages.
Contract Sum
ARTICLE 4
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of
the Contract the Contract Sum of Three hundred fifty -two thousand seven hunderd twenty
and 00/100 Dollars ($ 352,720.00 ), 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:
(State the numbers or other identification of accepted alternates. If decisions on other
alternates are to be made by the Owner subsequent to the execution of this Agreement. Attach
a schedule of such other alternates showing the amount for each and the date until which that
amount is valid.)
Alternate # 1: No Alternates Specified
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FIRST
SECOND
31ST 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
$500,000.00 and Up
500.00 /Day
1,000.00 /Day
3,500.00 /Day
The Contractor's recovery
of damages and
sole remedy for any
delay caused by the
Owner shall be an extension of time on the Contract.
Contract Sum
ARTICLE 4
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of
the Contract the Contract Sum of Three hundred fifty -two thousand seven hunderd twenty
and 00/100 Dollars ($ 352,720.00 ), 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:
(State the numbers or other identification of accepted alternates. If decisions on other
alternates are to be made by the Owner subsequent to the execution of this Agreement. Attach
a schedule of such other alternates showing the amount for each and the date until which that
amount is valid.)
Alternate # 1: No Alternates Specified
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4.3 Unit prices, if any, are as follows:
1. Type A masonry repair method: Repointing only, matching historic mortar and joint
profiles exactly.
Unit price for each ten (10) sq. ft. of surface area to be repointed:
Five hundred forty -two and 00/100 Dollars (Type A - words), $ 542.00 (Type A — numbers)
2. Type B masonry repair method: Removal of brick with surface deterioration; cleaning
and re- installing with the sound face exposed.
Unit price for each ten (10) sq. ft. of surface area to be cleaned and re- installed:
Eight hundred three and 00/100 Dollars (Type B - words), $ 803.00 (Type B — numbers)
3. Type C masonry repair method: Installation of new or historic replacement brick where
historic brick is missing, broken, or too severely deteriorated for re -use.
Unit price for each ten (10) sq. ft. of surface area to be replaced:
Two thousand two hundred forty -seven and 00/100 Dollars (Type C - words), $ 2,247.00
(Type C — numbers)
4. Type D masonry repair method: Removal of brick arches, or other structural elements,
and reconstruction with the same brick.
Unit price for each ten (10) sq. ft. of arch area or other structural elements to be removed and
reconstructed:
Three thousand five hundred and 00/100 Dollars (Type D - words), $ 3,500.00 (Type D —
numbers)
In order to meet budget requirements, the Owner reserves the right to alter the scope of work as
shown on the bid documents. Provide bid prices for each of the following areas.
All work on Citadel:
Fifty -five thousand seven hundred ten and 00/100 Dollars (Citadel - words), $ 55,710.00
(Citadel — numbers)
2. All areas requiring total replacement of outer course of masonry:
Thirteen thousand four hundred ninty -one and 00/100 Dollars (Total Replacement - words),
$ 13,491.00 (Total Replacement — numbers)
3. All Priority One areas (marked as P1 on drawings):
Eighty -six thousand five hundred twelve and 00/100 Dollars (Priority One - words),
$ 86,512.00 (Priority One — numbers)
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4. All Priority Two areas (marked as P2 on drawings):
Eighty -five thousand seven hundred twenty -six and 00/100 Dollars (Priority Two - words),
$ 85,726.00 (Priority Two — numbers)
5. General Conditions /miscellaneous work not listed above:
Eighty -nine thousand eight hundred seventy -three and 00/100 Dollars (General
Conditions /miscellaneous work - words), $ 89,873.00 (General Conditions /miscellaneous work -
numbers)
Progress Payments
ARTICLE 5
5.1 Based upon Applications for Payment submitted by the Contractor to the Director of
Project Management, and upon approval for payment issued by the Director of Project
Management and Architect, the Owner shall make progress payments on account of the
Contract Sum to the contractor as provided below and elsewhere in the Contract Documents.
5.2 The period covered by each Application for payment shall be one calendar month ending
on the last day of the month, or as follows:
5.3 Payment will be made by the Owner in accordance with the Florida Local Government
Prompt Payment Act, section 218.735, Florida Statutes.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by
the Contractor in accordance with the Contract Documents. The Schedule of Values shall
allocate the entire Contract Sum among the various portions of the Work and be prepared in
such form and supported by such data to substantiate its accuracy as the Director of Project
Management may require. This schedule, unless objected to by the Director of Project
Management, shall be used as a basis for reviewing the Contractor's Applications for Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each portion of
the Work as of the end of the period covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents, the amount of each progress
payment shall be computed as follows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as
determined by multiplying the percentage completion of each portion of the Work by the share
of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less
retainage of Ten Percent (10 %). Pending final determination of cost to the owner of changes in
the Work, amounts not in dispute may be included in Applications for Payment. The amount of
credit to be allowed by the Contractor to the Owner for a deletion or change which results in a
net decrease in the Contract Sum shall be the net cost to the Owner, less Overhead, Profit and
Documented Costs incurred prior to the change Request, as indicated in the corresponding line
item in the Approved Schedule of Values for that line item as confirmed by the Director of
Project Management. When both additions and credits covering related Work or substitutions
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.
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East Martello Brick and Mortar Restoration
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the completed
construction (or, if approved in advance by the Owner, suitably stored off the site at a location
agreed upon in writing), less retainage;
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or
nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions.
5.7 Retainage of ten percent (10 %) will be withheld in accordance with section 218.735
(8(b), Florida Statutes.
5.8 Reduction or limitation of retainage, if any, shall be as follows:
Monroe County is exempt from and not subject to Florida Statutes 255.078, "Public Construction
Retainage". Reduction or limitation of retainage, if any, shall be reduced incrementally at the
discretion of and upon the approval of the Director of Project Management.
Final Payment
ARTICLE 6
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the
Owner to the Contractor when (1) the Contract has been fully performed by the Contractor
except for the Contractor's responsibility to correct nonconforming Work as provided in
Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which
necessarily survive final payment, and (2) a final approval for payment has been issued by the
Director of Project Management. Such final payment shall be made by the Owner not more
than twenty (20) days after the issuance of the final approval for payment. The following
documents ( samples in section 01027 are required for Final Payment:
(1) Application and Certificate for Payment
(2) Continuation Sheet
(3) Certificate of Substantial Completion
(4) Contractor's Affidavit of Debts and Claims
(5) Contractor's Affidavit of Release of Liens
(6) Final Release of Lien
(7) Contractor shall provide two (2) hard copies in tabulated divided binders and
one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF)
format delivered on a downloadable CD /DVD of all the following but not limited
to:
A. Project Record Documents (As Built Documents).
B. Operating and maintenance data, instructions to the Owner's personnel.
C. Warranties, bond and guarantees.
D. Keys and keying schedule.
E. Spare parts and maintenance materials.
F. Electronic copies of approved submittals.
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G. Evidence of payment and final release of liens and consent of surety to final
release (includes final release from all utilities and utility companies).
Miscellaneous Provisions
ARTICLE 7
7.1 Where reference is made in this Agreement to a provision of the General Conditions or
another Contract Document, the reference refers to that provision as amended or supplemented
by other provisions of the Contract Documents.
7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act
and Monroe County Code.
7.3 Temporary facilities and services: As described in Article 34 of the General Conditions.
7.4 Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the Board of County Commissioners.
7.5 A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a proposal on a contract with a public entity for the
construction or repair of a public building or public work, may not submit proposals on leases of
real property to public entity, may not be awarded or perform work as contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017,
Florida Statutes, for CATEGORY TWO for a period of thirty -six (36) months from the date of
being placed on the convicted vendor list.
7.6 The following items are included in this contract:
a) Contractor shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their authorized representatives shall
have reasonable and timely access to such records of each other party to this Agreement for
public records purposes during the term of the Agreement and for four (4) 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, Florida Statutes, running from the date the monies were paid to
Contractor.
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida applicable to
contracts made and to be performed entirely in the State. In the event that any cause of action
or administrative proceeding is instituted for the enforcement or interpretation of this Agreement,
the County and Contractor agree that venue shall lie in the appropriate court or before the
appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial
by jury. The County and Contractor agree that, in the event of conflicting interpretations of the
terms or a term of this Agreement by or between any of them the issue shall be submitted to
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East Martello Brick and Mortar Restoration
mediation prior to the institution of any other administrative or legal proceeding, pursuant to
Article 7, Section 7.6(h) of this agreement.
c) Severability. If any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or unenforceable to
any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and
provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant,
condition and provision of this Agreement shall be valid and shall be enforceable to the fullest
extent permitted by law unless the enforcement of the remaining terms, covenants, conditions
and provisions of this Agreement would prevent the accomplishment of the original intent of this
Agreement. The County and Contractor agree to reform the Agreement to replace any stricken
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.
e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of the County and Contractor and their respective legal
representatives, successors, and assigns.
f) Authority. Each party represents and warrants to the other that the execution,
delivery and performance of this Agreement have been duly authorized by all necessary County
and corporate action, as required by law. Each party agrees that it has had ample opportunity to
submit this Contract to legal counsel of its choice and enters into this agreement freely,
voluntarily and with advice of counsel.
g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and
is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of
this Agreement; provided that all applications, requests, grant proposals, and funding
solicitations shall be approved by each party prior to submission.
h) Adjudication of Disputes or Disagreements. County and Contractor agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer sessions
between representatives of each of the parties. If the issue or issues are still not resolved to the
satisfaction of the parties, then any party shall have the right to seek such relief or remedy as
may be provided by this Agreement or by Florida law. This Agreement is not subject to
arbitration.
i) Cooperation. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this Agreement,
County and Contractor agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the substance of this
Agreement or provision of the services under this Agreement. County and Contractor
specifically agree that no party to this Agreement shall be required to enter into any arbitration
proceedings related to this Agreement.
j) Nondiscrimination. The parties agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of competent
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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. The parties
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 VII of the Civil Rights
Act of 1964 (PL 88 -352), which prohibit discrimination in employment on the basis of race, color,
religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended
(20 USC §§ 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 § 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended
(42 USC §§ 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, §§ 523 and 527 (42 USC §§ 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 §§ 3601 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 §§ 1201), as
amended from time to time, relating to nondiscrimination in employment 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; and 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.
k) 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.
1) 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.
m) 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.
n) 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
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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.
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
section 119.10, 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
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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.
o) Non - Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of the Contractor and the County in this Agreement and the
acquisition of any commercial liability insurance coverage, self - insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of immunity to the
extent of liability coverage, nor shall any contract entered into by the County be required to
contain any provision for waiver.
p) Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of
any public agents or employees of the County, when performing their respective functions under
this Agreement within the territorial limits of the County shall apply to the same degree and
extent to the performance of such functions and duties of such officers, agents, volunteers, or
employees outside the territorial limits of the County.
q) 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.
r) 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.
s) Attestations. Contractor agrees tc
reasonably require, to include a Public Entity
Drug -Free Workplace Statement.
execute such documents as the County may
Crime Statement, an Ethics Statement, and a
t) 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.
u) 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.
AGREEMENT Page 12 of 16
East Martello Brick and Mortar Restoration
v) Hold Harmless and Indemnification. Notwithstanding any minimum insurance
requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and
hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless
from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative
proceedings, appellate proceedings, or other proceedings relating to any type of injury
(including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or
expenses that may be asserted against, initiated with respect to, or sustained by, any
indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its
employees, agents, contractors or other invitees during the term of this Agreement, (B) the
negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or
omission of Contractor or any of its employees, agents, sub - contractors or other invitees, or (C)
Contractor's default in respect of any of the obligations that it undertakes under the terms of this
Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings,
costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY
or any of its employees, agents, contractors or invitees (other than Contractor). Insofar as the
claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or
circumstances that occur during the term of this Agreement, this section will survive the
expiration of the term of this Agreement or any earlier termination of this Agreement.
In the event that the completion of the project (to include the work of others) is delayed or
suspended as a result of the Contractors failure to purchase or maintain the required insurance,
the Contractor shall indemnify the County from any and all increased expenses resulting from
such delay. Should any claims be asserted against the County by virtue of any deficiency or
ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and
warrants that the Contractor shall hold the County harmless and shall indemnify it from all
losses occurring thereby and shall further defend any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for the above.
w) 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.
x) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of
the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to
participate in the performance of contracts financed in whole or in part with County funds under
this agreement. The DBE requirements of applicable federal and state laws and regulations
apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the
opportunity to participate in the performance of the Agreement. In this regard, all recipients and
contractors shall take all necessary and reasonable steps in accordance with applicable federal
and state laws and regulations to ensure that DBE's have the opportunity to compete and
perform contracts. The County and Contractor and subcontractors shall not discriminate on the
basis of race, color, national origin, or sex in award and performance of contracts, entered
pursuant to this Agreement.
y) Agreements with Subcontractors. In the event that the Contractor subcontracts any or
all of the work in this project to any third party, the Contractor specifically agrees to identify the
COUNTY as an additional insured on all insurance policies required by the County. In addition,
the Contractor specifically agrees that all agreements or contracts of any nature with his
subcontractors shall include the COUNTY as additional insured.
AGREEMENT Page 13 of 16
East Martello Brick and Mortar Restoration
z) Florida Green Building Coalition Standards. Monroe County requires its buildings to
conform to Florida Green Building Coalition standards.
Special Conditions, if any are detailed in Section 00990 of the Project Manual for this Project.
Termination or Suspension
ARTICLE 8
8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General
Conditions.
Enumeration of Contract Documents
ARTICLE 9
9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows: (Insert information here).
a) Drawings: Al, A2, A3, A4, A5, A6, AT A8 & A9.
b) Project Manual: Specifications East Martello Historic Masonry Restoration Stage 5.
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:
9.1.4 The Addenda, if any, are as follows:
Number Date Page
9.1.5 The Alternates, if any, are as follows:
Alternate No. 1: No Alternates
END ALTERNATES
This Agreement is entered into as of the day and year first written above and is executed in at
least two (2) original copies of which one (1) is to be delivered to the Contractor.
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
AGREEMENT Page 14 of 16
East Martello Brick and Mortar Restoration
EXer,u#iorrby ftContractor must be by a person with authority to bind the entity.
SIGNATURE HE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED AND
ITNESSED BY ANOTHER OFFICER OF THE ENTITY.
BOARD OF COUNTY COMMISSIONERS
Rt t Keehn M otc;.Clerk OF MONROE COUNTY, FLORIDA
By: By:
Date
Depyyty Clerk Mayo Chairman
(SEAL)
Contractor must provide two
signatures Al L
CONTRA(
Signature:
Print Name
Title: CAD
Set J Ices
Signature:
Print Namee Plit�..� e I
Titl� y�
Date: 7
and:
Signatur
Print N ti
Title: (`
Date: '7/3'� �/ '
Date:
MON OE COUNTY ATTORNEY'S OFFICE
PROVED AS F
, ATRICIA EAGLES
ASSISTANT 0UNTY ATTORNEY
DATE: 1 17
STATE OF FLORI
COUNTY OF
On this 7 day of 20J , before me, the undersigned notary public, personally
appeared r ourne ,known to me to be the person whose name is subscribed
above or who produced as identification, and acknowledged that he /she is the
person who executed the above contract with Monroe County for East Martello Brick and Mortar
Restoration for the purposes therein contained.
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AGREEMENT Page 15 of 16
East Martello Brick and Mortar Restoration
GENERAL REQUIREMENTS
Where Project Management is Not a Constructor
Section 00750
Section 00970
Section 00980
Section 00990
Section 01010
Section 01015
Section 01027
Section 01030
Section 01040
Section 01045
Section 01050
Section 01200
Section 01301
Section 01310
Section 01370
Section 01385
Section 01395
Section 01400
Section 01410
Section 01421
Section 01500
Section 01520
Section 01550
Section 01560
Section 01590
Section 01595
Section 01600
Section 01630
Section 01640
Section 01700
Section 01710
Section 01720
Section 01730
Section 01740
General Conditions
Project Safety and Health Plan
Contractor Quality Control Plan
Special Conditions
Summary of Work
Contractor's Use of the Premises
Application for Payment
Alternates
Project Coordination
Cutting and Patching
Field Engineering
Project Meetings
Submittals
Progress Schedules
Schedule of Values
Daily Construction Reports
Request for Information — (RFI)
Quality Control
Testing Laboratory Services
Reference Standards and Definitions
Temporary Facilities
Construction Aids
Access Roads and Parking Areas
Temporary Controls
Field Offices and Sheds
Construction Cleaning
Material and Equipment
Post - Proposal Substitutions
Product Handling
Contract Closeout
Final Cleaning
Project Record Documents
Operation and Maintenance Data
Warranties
GENERAL REQUIREMENTS Page 16 of 16
,r
4LCURV CERTIFICATE OF LIABILITY INSURANCE oe 05/2 017
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HO LDER THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER {S). AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: N the rifficate holder is an ADDITIONAL INSURED, On policy(Ias) must have ADDITIONAL INSURED provisions or be endorsed.
K SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorseman s .
1- 813 -229 -8021 CONTACT the Writ CISR
PRODUCER
M. B. Wilson Company, LLC
Fee r
PROW 813- 984 -3609 N&
813- 434 -2431
ADDREW lwri temewilson.com
300 W. Platt St.
1 AFFORIMIO ODVERAG E
NAB e
eta 200
Tampa, FL 33606
siSURERA: MOT FIRM INS CO
23035
INSIMI)
INSURER B; AMITRISORM NOT INS CO
23396
Specialised Property Services,
Inc. pMURERC•LIBERTY INS CORP
42404
NI ERa ARMS IRE CO
19488
9605 M US Highway 92
M M E, XL BIPRCIALTY INS CO
37855
Tampa, FL 33610
IN RF:
COVERAGES CERTIFICATE NUMBER 50057593 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
NOTWITHSTANDING ANY
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
INDICATED.
OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO
ALL THE TERMS.
CERTIFICATE MAY BE ISSUED
OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
EXCLUSIONS AND CONDITIONS
TYPE of NSURA=
A X COMMERCIALOENERALLN6LttY
POLICY NIJAI LsaTs
X X T87 - 462399 -017 04/15/17 04/15/18 EACHOCCURRENCE
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POLICY J
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BOtRLY INJURY (Parpmaa:ll
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BODILY AWMW aw"dwo t
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AUTOS ONLY AUTOS NON-O WNED
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! 5.040.000
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WOR11ERSCIXIIPENSATRON 11C2092081 04/15/17 04/15/18
II ANDEMPLOYEOWLIABLITY Yrq EL EACH ACCIDENT S 1 .000,0 00
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M Leased Rented twoo028993MA17A 04/15/17 04/15/18 Max per Item �uu,uvu
Policy Ltait: 500,000
1 0*ductibl*: 1,00
0"CRWT10N OF OPERA710143 (LOCATIONS r VEHICLES (ACORD 101. Add IWA RWWWU Set,adufe, may 116 8K1%*0 d R awe apace Y Ia4aead)
Rat Mast Martallo Brick and Mortar Restoration
The Monroe County Board of County Cosmissionars, its employees, and officals are included as A"I tional Insureds with
regards to OL and Auto policies, as required by direct written contract.
30 day notice Of Cancellation applies, except 10 day notice for non payment of premium par Florida Statute.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Monros County Board of county Cosissioners THE OMRA71ON DATE THEREOF. NOTICE WILL BE DEIJVERED M
ACCORDANCE WITH THE POLICY PROVISIONS.
1100 Simonton street AOTHORQdDREPREBENTATNE
Ray West, FL 33048
II8A
O 1988 -2015 ACORD CORPORATION. All rights reserve
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD
FNOol
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