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Item C33I A A I 1 0 I D10 17.1y 0 V DILI 161-NIMA 10 " klyl Meeting Date: July 15, 2015 Division: Public Works/Engineering Bulkltem: Yes X No Department: Engineering Services AGENDA ITEM WORDING: Approval to award bid, waive minor mathematical irregularities, and approve a contract with Douglas N. Higgins, Inc. for construction of the Lake Surprise Estates (Key Largo) Roadway and Drainage Improvements project. The project is funded entirely by the one cent infrastructure sales tax fund. ITEM BACKGROUND: On April 30, 2015, the bid for the Lake Surprise Estates (Key Largo) Roadway and Drainage Improvements project was advertised. The County received two bids on June 2, 2015; Douglas N. Higgins, Inc. was the lowest responsible bidder. The bid as submitted contained a multiplication extension error on line 9 however all of the unit prices were as bid. The bid total of $2,664,839.50 reflects the corrected bid and contract amount. The Lake Surprise Estates subdivision in Key Largo has been identified by the County's Asphalt Pavement Evaluation and Management program as an area of poor pavement condition and requiring drainage improvements. PREVIOUS RELEVANT BOCC ACTION: In May 2014, the BOCC approved a task order with EAC Consulting, Inc. for engineering design and permitting services for Lake Surprise Estates (Key Largo) Roadway and Drainage Improvements project under the On Call contract for Professional Services. In March 2013, the BOCC approved a Contract with IMS Infrastructure Management Services for Asphalt Pavement and Management Services to identify unincorporated subdivisions in Monroe County that require roadway and drainage improvements. In January 2014, the BOCC approved the On Call contract for Professional Services between County and EAC Consulting, Inc. CONTRACT/AGREEMENT CHANGES: Not applicable. STAFF RECOMMENDATIONS: Approval of the contract for construction of the Lake Surprise Estates (Key Largo) Roadway and Drainage Improvements project as requested above. R] 1921waWN IFIRK1101 COST TO COUNTY: $2,664.839.50 SOURCE OF FUNDS: 304- infrastructure sales tax REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year Risk Managernent& APPROVED BY: County At OMB/Ptirchasin W DOCUMENTATION: Included X Not Required CONTRACT SUMMARY Contract with: Douglas N. Higgins, Inc. Contract # Construction Effective Date: 7/15/2015 Expiration Date: Contract Purpose/Description: Construction contract for Lake Surprise Estates (Key Largo) Roadway and Drainage Improvements Project. Construction cost is $2,664,839.50 and will be funded by one cent infrastructure sales tax fund. Contract Manager: Judy Clarke 4329 Engineering/#1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 7/15/2015 ends Deadline: 6/30/2015 Total Dollar Value of Contract: $ 2,664,839.5 Current Year Portion: $ 600,000 0 —3 - Budgeted? Yes Z NoE] Account Codes: Grant: $ County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $ r For: (Not included in dollar value above) (eg. maintenance, utilities, a nitorial, salaries, etc.) rare] I Changes Date Out Date In Needed R Department Head 6Z23 Yes E] No6/23U R Yes N,[3--, is k Management �LL O.M.BJPurchasing Yes E] County Attorney (r� IrD YcsoNom' (o Standard Form of Agreement Between Owner and Contractor "ere the basis qfPayment is a STIPULATED SUM BETWEEN the Owner: Monroe County Board of County Commissioners ("BOCC") 1100 Simonton Street Key West, Florida 33040 ("Owner") And the Contractor: Douglas N Higgins, Inc. 3390 Travis Pointe Road Suite A Ann Arbor, Michigan 48108 ("Contractor") For the following Project: Lake Surprise Roadway and Drainage Improvement Project Key Largo Monroe County, Florida ("Project") Oversight for Owner: RS&H, Inc. 10748 Deerwood Park Blvd South Jacksonville, Florida 32256 Engineer: EAC Consulting, Inc. 815 NW 57 1h Avenue, Suite 402 Miami, Florida 33126 I MINOR 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 forin 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. 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 Lake Surprise Roadway and Drainap-c Improvement r_1V16XffrKKW. 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 cornmencing the Work. The date of commencement shall be the date specified in the Notice to Proceed issued to t Contractor. I 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than 365 Days after the Date of Commencement, subject to adjustments of the Contract Time as provided by the Contract Document. uaafi�l�� 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. FIRST SECOND 3 1 s'DAY & CONTRACT AMOUN'r 15 DAYS 15 DAYS THEREAFTER Under 50,000.00 $50.00/DAY $1 00.00/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 2,000MMAY $500,000.0 and Up 500.00/DAY 1,000.00/DAY 3,500.00/DAY S recovery 0 es anci soie remecty Tor any cie ay can e uwner snail be an extension of time on the Contract. Krow., A , rValreffim-M 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract, for the Lake Surprise Roadway and Drainage Improvement Project the Contract Sum of Two Million Six Hundred Sixt y Four Thousand Eight Hundred Thirty Nine DOLLARS, and Fifty CENTS ($2,664,839.50), 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. mzmimwtl�ii�ii� 1 11111111011 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 fonn 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, teamount 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 Len 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 or or substitutions are involved in a change the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), I ess retainage of Ten percent (10%): smamfll.= 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 her modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninet 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 oft e General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follows: None P-MMMM 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. 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 7.3 Temporary facilities and services: I 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 th* 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 My based on an audit, that it or any subcontractor has committed an act defined by Section 297.133, 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 fonnally 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 perfonn work as contractor, supplier, subcontractor, or ic oi ni si i lit ia in t6 iu in 4 n r •% n*t tra7tsa -,Uublic e 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 Aueement. 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 perfonned entirely in the State. JUMV14011ROJEN1 IMI-Ir-ILW111111 I i� Mul r INIX A W1 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 tenns, 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 tenns, 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 arty 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 attorneN's fees and court costs- as an award Against the non-yrevailinl�kvarty, and shall include attorney's fees and courts costs in appellate proceedings. Mediation proceedings ALm,-- w-,ment-shall be bL--ar- w-rd-anco-with the Floridq—V-ulo�� of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. C) 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 th(.- purpose of this Agreement; provided that all applications, requests, grant proposals, and lundint, 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 ten-ninates 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 arnended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, owl 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 V111 of the Civil Rights Act of 1968 (42 USC s. et seas 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 Counto Code Chayter 13 ' r t co, 1 , I . 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 perfon-nance 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 :Wfnk��wc-ted r*l,-Ai*ne7hiYran,#) disclosure or use of certain infon-nation. 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 A ecover, the full amount of such fee, commission, percentage, gift, or consideration. 1) Public Access: The County and Contractor shall allow and pen -nit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Contractor. Pursuant to F. S. 119.070 1, Contractor and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: (a) Keep and maintain public records that ordinarily and necessarily would be required by Monroe County in order to perform the service. (b) Provide the public with access to public records on the tenris and conditions that Monroe County of provide the records and at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to Monroe County all public records in possession of the contractor upon terinination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to Monroe County in a format that is compatible with the information technology systems of Monroe in) Non -Waiver of Immunity: Notwithstanding the provisions of See. 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 immunifies from liability, exemptions frorn laws, ordinances, and rules, pensions and relief, disability, workers' comL%ensation, and other benefits which ajWly to the activitp of officers, aVents_QL_em�"­Aees 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 perforinance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 0) 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 ternis, 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. �ptilimi 31 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. 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 ytva�Rcr.--c�viv�&-ye ZM agmts thu�iyc shall defend, indemnify and bold 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 bVA the negligence '. recklessness '. or intentional wronLyfal misconduct of the Contractor an persons employed or utilized by the indemnifying party in the perfon-nance 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 A- cement'. this section will survive the eiration of the term of this Aykeement—ei 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 oition,, shall have the sole a] Ithon't- or the direction of the defense, and shall be the sole ludile Of w) Adjudication of Disputes or Disagreements: The Owner and Contractor agrev that all disputes and disagreement shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of Paragraph X concerning cancellation. 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 party. 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. KVI%YrNJW.' Termintnr Suspension 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions, 8.2 The or may be suspended by the Owner as provided in Article 14 of the General Conditions. Am 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: See Article I 9.1.1 The Agreement is this executed Standard For of Agreement between Owner and Contractor. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in Project Manual dated April 2015 and are as follows: 111171111131 r 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: 111 131111111111511 1 0 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 April 10, 2015: Sheets G-1.0 to G-1 8.0, SW-1.0 to SW-3.0, T-1.0- T-3.0, RD-1.0 to RD-35.0, SP-1.0 to SP-1 9.0 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. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first written above in four (4) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: AMY HEAVILIN, Clerk OF MONROE COUNTY, FLORIDA Un By: Title: '�ecre:Lzm -- j a Douglas N. Higgins nc. By: Title: V t (-, C- PY2 MONROE COILJNTY ATTORNEY PR L. e-)(,- v1j'1ZL CHRI INE - ASSIST'---09 ATIORNEY 1 Date --(t, -1 q5 III - CIAW OF LIABILITY INSURANCE L CERTIFICATE 6/9)2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. 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 REP RESENTATIVE • ' PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:er is an ADDITIONALUNSURED, the rt be endorsed.'! i -! subjectto the terms and conditions of policy, certainpolicies / endorsement. •statementon does !confer tothe certificate holder r r PRODUCERf 1 NAME: T Group Ann Arbor PHf n ..f . Exti:734-741 i F Frank f f i' WE t , lAArbor 48105 INSURED Douglas • f f « rI fic t t f•it i I!FiIJ:i�.c{i ! Ilid.irJi3iii:��1C SrJ1 • r • mmmmJ2 , COVERAGES CERTIFICATE NUMBER: 1S4nFt?R971 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 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN5R TYPE OF INSURANCE i415 USR POLICY EFF POLICY EXP LIMITS LTR IN5R VD POLICY NUMBER MMIDDIYYYY MWODIYYY A GENERAL LIABILITY U1061922041*/2014 2/10/2015 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE [� OCCUR I'PPONT Y DAVAGE7�1�f�ENiE'D PREMISES (Fa occurrence —...�.� — — $500,000 MED EXP (An one person) - r PERSONAL & ADV INJURY $15,000 ---.- $1.000.000 AGGREGATE $2,000,000 WAl11i f�GENERAL GEN_ °L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 POLICY X PRO- LOC $ A AUTOMOBILE _ LIABILITY U1061922033 12/10/2014 2/10/2015 _LEA gtx6gEnl ' 1.000,000 BODILY INJURY (Per person) $ X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE [Per accdent) $ B X UMBRELLA LIAB X OCCUR U1061922050 jI1211012014 2/10/2015 EACH OCCURRENCE $10,000,000 AGGREGATE EXCESS LIAB CLAIMS_ -MADE I $10,000,000 $ DED X RETENTION$10,000 11 C WORKERS COMPENSATION WC161922016 12/10/2014 12/10/2015 X I WC STA ;U- I IOTH- AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? [N N / A E.L. EACH ACCIDENT $500.000 E.L. DISEASE - EA EMPLOYEE $500,000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1.000.000 D Professional/ PEC0025095 12110/2014 2/10121115 2,000,000 Each Claim Pollution 4,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Job: Lake Surprise Roadway and Drainage Improvement Project, Key Largo, Monroe County, FL Additional Insured for General Liability, Automobile Liability and Umbrella Liability on a primaryfnon-contributory basis as required by written contract- Monroe County Board of County Commissioners, its employees and officials. A thirty day notice of any prior written notice of any insurer initiated cancellation for reasons other than nonpayment of premium is included or a ten day prior notice of any cancellation for nonpayment of premium. L;tKIIt-ICA I t HlVLUtK CANCELLATION Monroe County Board of Commissioners 102050 Overseas Hwy, Suite 22 Key Largo FL 33037 p r t ACORD CORPORATION., i d 4. 111 1 laWINUKK 3va -419L kill" BYTMSBOIL, We as Principal and Hartford AcciLicii(atidljidetTiiiio,Coiiip-qiiy a corporation, as Surety, are boon to Mt)iiroeCounty Board 0f'County C0111missioners , herein called Owner, in the sum of $ 2,664,839.50 ., for payment of is we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. Performs the contract dated July 15 520 15 between Principal and Owner for construction of Lake Sunirise Roadway and Drainage Improvement Promect Key Largo Monroe County, Florida 1. The contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255,05(l), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in fall force. 5. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in See, 255.05(2) Florida Statues. f, Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond, Dated MY 15 .2015. (Name of Principal) JXW I By I K_11� tU tCd.hiA'_ (As XAracy ialact) Vice -President Hartford Accident and Indemnity Company (Name of Surety) I END OF SECTION 00850 )WOrneY in Fa-1 3/15115 PUBLIC CONSTRUCTION BOND U�ON51- THE HARTFORD BOND, POWER OF ATTORNEY T-4 One Hartford Plaza Hartford, Connecticut 06155 call: 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: A ency Code: 35-350861 Hartford Fire insurance Company, a corporation duly organized under the laws of the State of Connecticut FX ] Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana FX] Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford insurance Company of the Southeast, a corporation duty organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Heather M. Johnson, Joel E. Speckman, Terri Mahakian, David Hadock of Ann Arbor, M1 their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by Z, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on August 1, 2009 the Companies + 4— Wesley W. Cowling, Assistant Secretary M. Ross Fisher, Vice President STATE OF CONNECTICUT COUNTY OF HARTFRD I ��® H a rtfo rd O On this 121h day of July, 2012, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Vice President of the Companies, the corporations described in and which executed the above instrument', that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. (Kathleen T. Maynard 2 Notary Public CERTIFICATE My Commission Expires hily 31, 2016 1, the undersigned, Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of July 15, 2015 Signed and sealed at the City of Hartford. 1974 �Z f 9 7 Gary W. Stamper, Vice President