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Item C18
C ounty of M onroe {f `° " rel BOARD OF COUNTY COMMISSIONERS n Mayor David Rice, District 4 The FlOnda Key y m 1 �� Mayor Pro Tern Sylvia J. Murphy, District 5 Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 County Commission Meeting August 15, 2018 Agenda Item Number: C.18 Agenda Item Summary #4551 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Johnnie Yongue (305) 292 -4429 NA AGENDA ITEM WORDING: Approval of a Contract with West Construction Inc. for the construction of the New Cudjoe Fire Station at a total cost of $3,884,185.00. The construction of the new fire station is paid for through the One Cent Infrastructure Sales Tax. ITEM BACKGROUND: The New Cudjoe Fire Station will be 8,007 square feet with four dormitories and three pull through garage bays located at 22352 Overseas Hwy. Cudjoe Key, FL 33042. The new fire station will be used in place of the space used by Monroe County Fire Rescue at the William Freeman Sheriff Substation. PREVIOUS RELEVANT BOCC ACTION: On July 18, 2018, BOCC approved staff recommendation to offer a contract to West Construction Inc. for the construction of the New Cudjoe Fire Station. The recommendation followed a publicly advertised criteria based solicitation and a publicly advertised ranking committee meeting. After which it concluded West Construction was the best ranked qualified respondent for the project based on proposals opened June 26, 2018. CONTRACT /AGREEMENT CHANGES: Revised total Price STAFF RECOMMENDATION: Approval as stated above. DOCUMENTATION: Cudjoe Fire Station West Construction Contract FINANCIAL IMPACT: Effective Date: Aug. 15, 2018 Expiration Date: Total Dollar Value of Contract: $3,884,185.00 Total Cost to County: $3,884,185.00 Current Year Portion: $1,000,000.00 Budgeted: Yes Source of Funds: 314 - 26008- CP1501 CPI: No Indirect Costs: None Estimated Ongoing Costs Not Included in above dollar amounts: none Revenue Producing: No Grant: No County Match: No Insurance Required: Yes Additional Details: If yes, amount: Total cost of contract $3,884,185.00 08/15/18 314 -26008 - CAPITAL OUTLAY BUILDING $3,884,185.00 REVIEWED BY: Cary Knight Completed 07/27/2018 5:33 PM Chris Ambrosio Completed 07/27/2018 5:50 PM Kevin Wilson Completed 07/28/2018 12:13 PM Budget and Finance Completed 07/30/2018 12:51 PM Maria Slavik Completed 07/30/2018 1:01 PM Kathy Peters Completed 07/30/2018 1:07 PM Board of County Commissioners Pending 08/15/2018 9:00 AM Agreement W Owner • Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of this Fifteenth day of August Two Thousand and Eighteen. BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, FL 33040 And the Contractor: West Construction Inc. 820 North 4 th St Lantana, FL 33462 For the following Project: Cudjoe Key New Fire Station #11 Scope of the Work The Scope of Work shall include, but not be limited to, all work shown and listed in the Project Drawings and Specifications. 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, permits and any other means of construction necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. Provide all labor and materials necessary to construct the new Monroe County Fire Station, a one story 8,007 square foot masonry and concrete building, along with site modifications, improvements, and utilities; all as indicated in the contract documents. Work is to include clearing, haul away of debris, and construction of all site work. The completed project will result in a complete, habitable, weather proof, safe and secure finished building suitable for human occupancy in accordance with the specifications, drawings, and project documents. The Contractor will be required to complete the permit application on file with their appropriate company and contact information. The Contractor will pay associated permit and inspection fees, as required by the city, county, local water service, and power service, or any other permitting agency as necessary for connection to utilities. The scope of work shall include, but not be limited to, all work shown and listed in the project drawings and project manual. The Contractor is required to provide a complete job as contemplated by the drawings and specifications, which were part of the bid package. The Cudjoe Key New Fire Station #11 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 project will be considered complete when turned over to the County for occupancy and use as a fully functional and operational fire station facility as deemed acceptable by the County. The Contractor shall be responsible for complying with regulations, approvals, and permitting by the: Monroe County Growth Management, Monroe County Building Dept., Fire Marshal, Monroe County Fire Department, Florida Green Building Coalition ( "FGBC ") and any other permitting or regulatory agencies as applicable. Occupational Safety and Health Administration (OSHA) regulations shall be strictly adhered to at all times. 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 Contractor's response to RFP and all required insurance documentation, and Modifications issued after execution of this Agreement. The 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 Three Hundred Sixty Five (365) 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. AGREEMENT Page 2 of 164 Cudjoe Key New Fire Station #11 FIRST SECOND 31 ST 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 C recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. ARTICLE 4 Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Three Million Eight Hundred Eighty Four Thousand One Hundred Eighty Five and 00/100 Dollars ($3,884,185.00), 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: 1. Alternate # 1: Provide and install Bahama Shutters as shown in drawings and Specifications. Eight Thousand One Hundred Fifty Four and 001100 Dollars (Alternate #1- words) $8,154.00 (Alternate #1— numbers) 2. Alternate #3: Provide and install Double Dipped Galvanized finish column(s) as shown on drawings. Seventeen Thousand Nine Hundred Eighly Eighty Four and 00 /1 (Alternate #3- words) $17M4.00 (Alternate #3— numbers) 3. Alternate #4: Provide and install 2500 Gallon Diesel Tank for generator. The Tank footprint shall match the plans as shown. Provide all railing and ladder accessories as necessary. Eleven Thousand Seven Hundred Eighty Five and 00/100 Dollars (Alternate #4- words) $ 11 785.00 (Alternate #4— numbers) AGREEMENT Page 3 of 164 Cujoe Key New Fire Station #11 4.3 Unit prices, if any, are as follows: ARTICLE 5 Progress Payments 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 (1) 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. 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; AGREEMENT Page 4 of 164 Cudjoe Key New Fire Station #11 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, Section 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. 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 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, Application for Payment) 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 common form (i.e. flash drive) 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. G. Evidence of payment and final release of liens and consent of surety to final AGREEMENT Page 5 of 164 Cudjoe Key New Fire Station #11 release (includes final release from all utilities and utility companies). 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 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 Section 01500, Temporary Facilities, 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, 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 of any and all work 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 and auditing 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, 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 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 AGREEMENT Page 6 of 164 Cudjoe Key New Fire Station #11 the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 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. 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 Page 7 of 164 Cudjoe Key New Fire Station #11 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 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 14, Article VII, 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. 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 AGREEMENT Page 8 of 164 Cudjoe Key New Fire Station #11 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 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. (2) 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 AGREEMENT Page 9 of 164 Cujoe Key New Fire Station #11 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 CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305 - 292 -3470 BRADLEY - BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH 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 AGREEMENT Page 10 of 164 Cudjoe Key New Fire Station #11 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 to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. 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. 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). 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. AGREEMENT Page 11 of 164 Cudjoe Ivey New Fire Station #11 In the event that the completion of the project (to include 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. 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. 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 00100 of the Project Manual for this Project. 7.7 Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, or by courier with proof of delivery Notice shall be sent to the following persons: For Contractor: Martha A. Moman, President 820 North 4 th St AGREEMENT Page 12 of 164 Cjoe Key New Fire Station #11 Lantana FL 33462 561- 588 -2027 For Owner: Director of Project Management Assistant Count Administrator PW & E 1100 Simonton St. Room 2 -216 1100 Simonton St Key West, Florida 33040 Key West, Florida 33040 ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated 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: a) Drawings: CS, C -1, Survey, C -2 thru C -13, L -1, L -2, TR -1, IR -1, IR -2, G1 -G4, AO.1, A1.0, A1.2 -A1.4, A2.0, A2.1, A3.0, A4.0 -A4.5, A5.0, A5.1, A6.0, A6.1, A7.0, A7.1, E0.1, EO.2, E1.1, E1.2, E2.1 -E6.1, EPH -1, EPH -2, EPH -3, ES1 -1, FAO -1, FAO -2, FA1 -1, FPO -1, FP2 -1, MO- 1, MO -2, M1 -1, M1 -2, M1 -3, M5 -1, M6 -1, PO -1, PO -2, P1 -1, P1 -2, P1 -3, P3 -1, S1 -0, S1 -1, S1 -2A, S1 -2B, S1 -3, S1 -4, S1 -5, S1 -6, S2 -Othru S2 -5, S3 -0 thru S3 -5 b) Project Manual: Specifications Dated December 2017 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 which are a part of, incorporated herein, and attached this Agreement. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated: December 2017 9.1.4 The Addenda, if any, are as follows:. Number 1 Date Page(s) June 08, 2018 212 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. AGREEMENT Page 13 of 164 Cudjoe Key New Fire Station #11 BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW AGREEMENT Page 14 of 164 Cud oe Key New Fire Station Execution by the Contractor must be by a person with authority to bind the entity. SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED. (SEAL) Attest: Kevin Madok, Clerk By; Deputy Clerk Date_ (SEAL) CONTRACTOR'S Witnesses Attest, Contractor must provide two witnesses signatures- Signature: . Print Name: Title: D&, , Mhe Date: � r, and Sign Prini Title MONROE COUNTY ATTORNEY APPROVE AS TO FORM CHRIS AMBROSIO ASSI §"CANT U ATTORNEY Date: STATE OF FLORIDiwptroduced TY 0� ' On this � day o 20/?' 0 before me, the undersigned notary public, personally appeared `. _ o me to be the person whose name is subscribed above or as identification, and acknowledged that he/she is the person who executed the above contract with Monroe County for Cudjoe Key New Fire Station for the I ses therein contained. Notary Publi Print N ". ALIRORAVEGA Notary Public - State of Florida My commission expires: � a P Seal \ Commission f�GG 97282 °' My Comm Expires Jan 7. 2022 Sonded hrouoh Na.ional No:ary Assn BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By; Mayor /Chairman CONTRACTOR: Wes stru i n Inc. Signature'! Date: 4�2 AGREEMENT Page 14 of 162 .. CERTIFICATE OF LIABILITY INSURANCE F o ATE 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 REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If 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 endorsement(s). PRODUCER NTACT N��n�. Anthony Entenza JDA Insurance Group 120 N Federal Hwy., Suite #301 Lak Worth INSURED FL 33460 West Construction Inc., West Architecture + Design, LLC 820 N. 4th Street 296-0373 FAAX Nel: (561) 828 -0997 INSU RERS PING COVERAGE I NAIC # Zurich A merican Insurance Compan 16535 ....- ........ ... ... .._ .......... - American G uarantee & Liability Insuran Compan .,.. 26247 American Guarantee & Liability Insuran Compan 26247 American Guarantee & Liability Insurance Compan 26247 Zurich American Insurance Company 16535 Lantana FL 33462 INSURER F COVERAGES CERTIFICATE NIIMRFR• PP%/ICInK1 Mt IUR O- 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 CONDIT OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _... -. INSR .... .......�. „- PlDDL1SUBR PICY POI.ICY�xP -.. TR TYPE OF INSURANCE POLICY NUMBER MfyIIDDr OLEFF (lrgMiDDJYYYY LIMITS X I COMMERCIAL GENERAL LIABILITY EACHOCCURRENCE $ 1 I CLAIMS -MADE ® OCCUR £ € = D . c P I��MISES,(EaacP c,reprlCay $ X Contra Liab ility MED EXP (Any one person) _ 500,000 .00 . F v $ 10,000.0 A .... —. Y Y GL0039847301 01/01/201801/01 /2019 PERSONAL &ADVINJURY - . ... - u .. $ 1,0 00,000.00 - -.M.M. AGGREGATE LIMIT APPLIES PER GEN'L .' GENERA AGGREGATE 2 000 000. ` PRO J POLICY XX JECT LOC zPRODUCTS - COMP /OPAGG _$ $ 2,00 V OTHER = I $ AUT OMOBILE LIABILITY COM c SINGLE SINGLE LIMIT $ 1,000 ANY AUTO j G X BODILY INJURY (Per person) $ B OWNED SCHEDULED AUTOS oNLV _ „� AUTOS Y Y BAP039847401 01/01/2018 01/01/2019 1 BODILY INJURY (Peraccident)� 8 HIRED NON -OWNED r'k&ERTY'bAMAGE -- .� ' AUTOS ONLY AUTOS ONLY T ot,tacOoani)'. - ---- ------- [ PIP $ $ 10.006 .00 1 - 1 X UMBRELLA LIAB X J OCCUR EACH OCCURRENCE $ 12,0 q9 , 00 0,00 C EXCESS LIAR CLA M ADE Y Y AUCO39847601 01/01/2018 01/01/2019 AGGREGATE $ 12 000,0 DIED I RETENTION$ $ WORKERS COMPENSATION PER OTH . ( J ER __ AND EMPLOYERS' LIABILITY YIN _STATUTE i E.L EACH ACCID L . ...... $ 1 , 000 , 0 00.00 D ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? DN NIA Y WCO39847501 01/01/2018 01/01/2019 E.L. DI SEASE EA EMPLOYEE. _ $ 1,0 00 (Mandatory in NH) If yes, describe under ......._._.. .„., ._.....�. ,� � ,......, DESCRIPTION OF OPERATIONS below E.L DISEASE POLICY LIMIT 1$ 1,000,000 00 Property (Rental /Leased Limit: $600,000.00 E I Equipment) j CPP039849401 01/01/2018 01/01/2019 ULbCK1F 11UN Or UFhKA11ON5I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Re: Cudjoe Key New Fire Station The Certificate Holder is named as additional insured including products and completed operations for general liability per form UGL1175FCW, automobile liability, and umbrella liability when required by written contract. General Liability and Auto Liability are primary and non contributory when required by written contract. Waiver of subrogation applies to general liability, automobile liability, umbrella liability, and workers' compensation when required by written contract. Umbrella extends over general liability, auto liability and employer's liability. Should any of the above described policies be cancelled, notice will be delivered in CANCELLA Monroe County Board of County Commissioners 1100 Simonton Street Suite 1 -213 Key west FL 33040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE A la� � vo” © 1988 -2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED JDA Insurance Group West Construction Inc., West Architecture + Design, LLC POLICY NUMBER CARRIER I NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance cancelled, notice will be delivered in accordance with the policy provisions. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD