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Item C33 C.33 t, BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia Murphy,District 5 The Florida Keys � � �l'U � Mayor Pro Tern Danny Kolhage,District 1 �pw° Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 County Commission Meeting August 21, 2019 Agenda Item Number: C.33 Agenda Item Summary #5928 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Keith Bring (305) 292-4523 Yes AGENDA ITEM WORDING: Approval of Change Order 41 with Contracting Specialists Inc., Southeast, for the West Martello Brick & Mortar Restoration for $313,306.00. This is funded by TDC. ITEM BACKGROUND: Monroe County has additional funds available provided by the DAC 1 TDC Grant to add Priority 3 & Priority 4 brick and mortar restoration to the historic West Martello Tower. This Change Order provides authorization for this level of restoration. PREVIOUS RELEVANT BOCC ACTION: 4/17/19-Approval of Contract with Contracting Specialists Inc., South East for the West Martello Brick and Mortar Restoration funded by DAC 1 TDC Grant. CONTRACT/AGREEMENT CHANGES: West Martello Brick& Mortar Restoration STAFF RECOMMENDATION: Project Management Department recommends approval of change order 41. DOCUMENTATION: Change Order 41 Brick& Mortar Change Order 41 Memo Contracting Specialist insurance Renewal 8.6.20 SE19-010 Contracting Specialists Contract Attachment-12593 FINANCIAL IMPACT: Effective Date: 8/21/2019 Expiration Date: 02/09/20 Packet Pg. 870 C.33 Total Dollar Value of Contract: 779,481.00 Total Cost to County: 779,481.00 Current Year Portion: 150,000.00 approximate Budgeted: Yes Source of Funds: TDC DAC 1 Grant Funding 117 77040 TM87948Y and TM97986X CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: Grant: TDC DAC 1 County Match: N/A Insurance Required: Yes Additional Details: Yes 08/21/19 117-77040 - TDC BRICKS & MORTAR 117 $313,306.00 TM97986X & TM87948Y REVIEWED BY: Ann Mytnik Completed 08/06/2019 10:09 AM Cary Knight Completed 08/06/2019 10:16 AM Chris Ambrosio Completed 08/06/2019 10:35 AM Budget and Finance Completed 08/06/2019 11:57 AM Maria Slavik Completed 08/06/2019 1:12 PM Kathy Peters Completed 08/06/2019 1:25 PM Board of County Commissioners Pending 08/21/2019 9:00 AM Packet Pg. 871 C.33.a WNRoE C r CONIMACT CHANGE ORDER U) PROJECT TITLE: � West Martello Brick&Mortar Restoration INITIATION DATE:July 25, 2016 � CHANGE ORDER NO: 1 TO T R T° : 06 `rrrrtractirrg SPeci list Inc, South East 19 pampa o Beach, FL 3,3066 CONTRACT DATE:Apra 17,26°t6 co The Contract is changed as follows: � 'n,re original(!2r n#rs t S rci)( g rant ed aximu rr Price......... .............. ..$466,€75.00 � Net change y previousiy authorized Change Orders...... .... � i"ie t�c�ntr t Srrn� (Guaranteed Maximum Fria;)pricer to this Change order Was. S466,175.00 4 �..�.� .. ( ... 6�t66,1 T5,t)Ct The( r tr6 t§' ¢LL (Guaranteed N srrrrarr� prfs will b (wmtit;;;i e ,>t(. do rpct, (ear p r rrei. by this Change Order,......$313,306.00 The new .frntrp %ern be c"me Contract Time (Guaranteed d Maxim urn Price)including this Change¢girder is..--$7T , 61. 0 The date of Substantial rdkii i C c sii .arL�tp �' )by......... ........ 120 Days w pR tion as of the data of this Change Order is. .......... .... � .....,, 2iCt6i2R�2 tt Detailed des ripfion of Ownge order and jctstifi ti rl: l� rar age,fr fr rrr prrr fr f T a� ,(C _r ..clue to Ftrc �tbr�r� xrtrt7aavrrrrLPir�i_��r7f�xprffr rwt p� trrtJcrrs t�isk �u rr�cicrr^Cica Tiaar krarr°qrrm.rsrciKa� rrt t�rzrit rrrc6arrie rrr prctisatrrrinrrrracir rrtc rtitrprrFrC(pep ka7�drrtFc_rta3 trr._..,._ _._... ,5,A'4'.NiJd�rhd froarflorrrprcrrpr rprr t(°:c f rtrsrrd t"arrtcltrrcrrrt t�"r �ct tPzarrrarrrtrf^crarrarrrtf' a'1trr:7 'rta'.tra(t�,,,;di r; 9 axanat �t cr rr cry4rrr :«trr rr rr ca crtaft 1ri 31 i1d" k t(tff tfTaaff t, ."( ? This nhsra e order is 6 ' 5%of fhs original contract price. ...._._. _..._.. ..__ CL CL ticitm strd rg�tiSil(( .rt °'vsrrstt L r ��t i � r and T T d t < ARCHffET E3sr�r�sr 74S'.0�'w es Architects rCr„____.. 0 06 C T T ORS ,,. M_ ��� ��. r "Tf:0/13_ ca C.! at co irBfCCrCTtR PROJECT MANAGEMENT Cary �wr i°rat i� s CCTi° NTW SSISTANT 7f,OMPflST T fR; ftcar(nar� ast :LI trst 201, � i u .__.. bats Kevin Wilson t3 Christine Hud y 60a d Of Ccrrrnty C"rrrnrnissirrners: of ftiroe County idi i.iT hair"._ y inn MONROE COUNTY ATTORNEY �';OVED TC7'FORM ! ,... CHRIS A BROSi AsSI ° A T M,TY ATTORNEY Date: 7 Packet Pg. 872 C.33.a S Change Order Attachment per Ordinance No. 004-1999 U) 0 • Change Order was not included in the original contract specifications. Yes ® No ❑ 06 19 If Yes, explanation: This is an added scope of work. c • Change Order was included in the original specifications. Yes ❑ No U) If Yes, explanation of increase in price: • Change Order exceeds$50,000 or 5% of contract price (whichever is greater). Yes ® No ❑ If Yes, explanation as to why it is not subject for a calling for bids: The scope of work added is comparable to the current work being done, and Contracting Specialists, Inc. is qualified to complete this work. > 0 • Project architect approves the change order. Yes ® No ❑ c 06 If no, explanation of why: 19 a • Change Order is correcting an error or omission in design document. Yes ❑No Should a claim under the applicable professional liability policy be made? Yes ❑ No ® 0 0 Explain: Packet Pg. 873 C.33.a Bring-Keith From: Bring-Keith Sent: Thursday, July 18, 2019 7:41 AM To: Wally Frigon Cc:- Don Kearney; Tom Slater;-Melissa Harris; Mark Johnson; Michael Kusbit Subject: RE: SE19-010 West Martello Schedule of Values & Change Order No. 1 (Credit) 0 Wally, 0 Once I get you revised schedule of values, I will also write up the change order for the credit for Builders Risk, send it to W you for signature and submit it and attach this email and see if this is acceptable. Our Contract Manager thinks it will be M so we will see what happens. o 06 Also if I can get a proposal and break out pricing for Priority 3 and Priority 4 so I can go over with my Director to see if we can come to terms to add that into this contract. I will need to get it on the agenda for our Board of County co Commissioners approval at the August meeting, and my deadline is August 6, 2019. Please let me know if you are o interested in this and I also have had conversations with Mike on site. Thanks, Keith From: Wally Frigon [mailto:wfrigon@contractingspecialists.com] Sent: Wednesday,July 17, 2019 2:11 PM To: Bring-Keith<Bring-Keith@MonroeCounty-FL.Gov> Cc: Don Kearney<dkearney@contractingspecialists.com>;Tom Slater<TSlater@contractingspecialists.com>; Melissa Harris<melissa@contractingspecialists.com>; Mark Johnson<mjohnson@contractingspecialists.com>; Michael Kusbit <MKusbit@contractingspecialists.com> Subject: RE:SE19-010 West Martello Schedule of Values&ChangeOrder No 1 (Credit),' Keith, CL CL Hope all is going well with the mobilization and project commencement in Key West! .� Pursuant to your below request for Builders Risk back up. Not sure we can provide that other than this was the amount we had carried as an allowance within our estimate. While attempting to acquire a BR Policy once we were awarded the 06 project it was determined that the Builders Risk Insurance was not applicable to this type of structure and couldn't be provided.Therefore, I am certain we couldn't even acquire a formal proposal and or cost for such a policy at this time co for this type of structure. Please confirm the above is sufficient. 1 will also provide additional breakdown of the monthly GCs as requested. Most of these expenditures will be monthly in nature i.e. accommodations, travel expenses, per diem allowances, management costs. Thanks rThe bitterness .. ���a�..r e,),rtcans O ly. tifter the s eetetes of � ice has., cl'd ." 1 Packet Pg. 874 C.33.a V. CONTRACTING SPECIALISTS INCORPORATED July i7th, 2oi9 M U) Mr. Keith Bring Monroe County Engineering iioo Simonton Street, 2-23.6 Key West, Florida 33040 06 i I RE:SE ig-oio West Martell Brick and Mortar(COR#602)Priority#3&#4 L_ co Dear Mr. Bring: Please find below pricing for the above mentioned work. CS1,S1E would like to take this time to thank you for the bidding opportunity afforded to us on this project. U) Scope of Work: Provide labor, materials,tools,equipment,project management and quality control for the following: A. Priority#3—Additional Brick&Mortar Replacement and Re-pointing Re-Pointing approximately 1,625 SF Square Feet Qa $54.50/per SF= $88,562.50 Brick Replacement 1,2o5 BR Brick Qa $79.50/per BR= $95,797.50 4- B. Priority#4—Additional Brick&Mortar Replacement and Re-pointing Re-Pointing approximately 10.75 SF Square Feet Qa $54.50/per SF= $64,037.50 > Brick Replacement 863 BR Brick Qa $79.50/per BR= $68,6o8.50 CL CL Clarifications: i. Work related to hazardous materials is excluded. 0 z CSIII SE will have un-impeded access to all work areas for the duration of our work with sufficient work available per day to maintain productivity of crew(s). 06 3. All preparatory work including but not limited to service shut-off and disconnect of all utilities would be 19 performed and paid for by others. 4. C5111 Slll'I would not be responsible for embedded utilities unless clearly marked drawings or details are provided prior to commencement. 5. Normal work hours will be 7:3o am to 6:30 pm,Monday thru Friday,and 9:3o am to 4:30 pm,Saturday. 6. Owner shall provide and pay for: a. Sanitary facilities and secure staging area. 0 b. Parking for employees. c. Water and electricity including power hookup. c' u1P0R ° rHO0E d. Engineering and testing. Boston, A 7 Price does not include cost of: a. Demobilization and remobilization of jobsite due to severe weather.This work shall be li',',egn-Ou'°°'mcm's performed on a Time&Material Plus Basis. 0 Fort Laaud rd a!e,FL. Pairdaairad,M WWaallauiraegtonp DC Packet Pg. 875 C.33.a ig-oio West Martello Brick&Mortar(COR#602) July 17tn,2019 Page z of z 8. Please note that some of the above listed work items are temporary in nature and may require periodic maintenance work and or full scale repairs in the future. Price: The price for the above mentioned work in this change order is as follows: g Three Hundred and Seventeen Thousand Six Dollars oo/ioo ( 3 7,00 .00) U) Schedule: The new completion date is revised to February zozo. 06 19 Payment Terms: Per executed contract agreement. Co 0 Expiration: This expires ex thin proposal p' y(30)days after proposal date. U) If you have any questions or require additional information pertaining to the above,please feel free to contact me, Sincerely, as mlcl &161 CM C C Michael Kusbit Project Manager 0 Acceptance of Proposal L- CL Authorized Signature Name/Date .... 0 Title 19 06 - Co C 0 Packet Pg. 876 _ C.33. .�,�,....... .�,�,.... .. ..SNMOISSIWW00019N003do vos ALNN00..--- ..........,�..: 30UNOW a „y�a rr 3 tl OINOIj 1S3M A 3N LIHJHV NOI1tlNO1S3il A21NOStlW OR10LSIH 5 39tl1S . S83M royaoss 01 O113121rh 1S3M V �8 �,a 1°uag sa R E A E � lit^ 06 a I ° G8 L r ti a as . 1 0 � y n M 0 06 all CD E a IIICCC J 4.d rh � 13-: 00 f ,r �,� by � N•""' '"r�. a Q ✓ PC cu cn d Chi Pq Packet Pg. 877 C.33.b COri �f Monroe � i� w, BOARD OF COUNTY COMMISSIONERS i- Mayor Sylvia J.Murphy,District 5 The Florida Keys i Mayor Pro Tern Danny L.Kolhage,District 1 Michelle Coldiron,District 2 y Heather Carruthers, District 3 David Rice,District 4 Monroe County Project Management 1100 Simonton Street, Suite 2-216 Key West, FL 33040 U) Date: August 5,2019 To: Kevin Wilson,Assistant County Administrator From: Cary Knight,Director of Project Management 06 Subject: Additional Work at the West Martello -19 L- CO The Monroe County Project Management Department used the scope of work and costs associated for the work at the East Martello in 2018 as the basis for an RFP to complete similar brick restoration work in 2019 at the West Martello. The most critical work was divided into four phases based on level of disrepair but only the first two phases were included U) when compared to the project budget and similar work completed at the East Martello. The RFP also included unit pricing 0 should there become an opportunity to add additional scope if the project came in under budget. The grant awarded for the work at the West Martello is$850,000.00. As a result of an increase in proposals,better pricing than expected was obtained resulting with a contract for$466,175.00. Staff then looked at the unit pricing to determine how much additional work could be added. It was determined that not all of the remaining phases of work would be added under unit pricing.Project Management presented all of the remaining work and asked for a lump sum pricing. That lump sum pricing came in at$313,306.00. U Staff recommends adding the scope of work to the contract using a change order which leaves a surplus of$70,000.00 in grant funds for further work that can be determined as the project proceeds. The contractor is the lowest responsible responding respondent and the lump sum pricing was below the established unit pricing. CL CL Cary Knight U Packet Pg. 878 CONTR-1 C.33.c CERTIFICATE OF LIABILITY INSURANCE °ATE` `••�� 0713012019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE7 BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZE[ 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 of 0 this certificate does not confer rights to the certificate holder in lieu of such endorsements}. PRODUCER 772-223-0400 CONTACT Thomas N.Tardonia 06 Atlantic Pacific-Stuart PHONE FAX 620 SE Central Parkway { 772-223-0400 772-223-1919 AIC,No,Ext]: (AIC,Nod: Stuart, FL 34994 ADORIEss:' Thomas N.Tardonia 0 INSURER S AFFORDING COVERAGE NAIC p INSURERA:Brld efield Employers Ins. Co. 10701 INSURED INSURER B:Gemini Insurance Co Contracting Specialists,Inc. Progressive Cos. South East- INSURER C: g 453 S.Main Street U) Attleboro, MA02073-6437 INSURER D:Travelers Excess and Surplus as INSURER I Travelers Insurance Co. 25666 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFYTHAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO1 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI; 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 MAYHAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUB POLICY NUMBER POLICY IPOLICY ILIMITS LTR INS❑ WVD MMIDDIYYYY MMIDDlYYYY B X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,1 CLAIMS-MADE X OCCUR VGGP003982 03/23/2019 03/23/2020 DAMAGE TO RENTED 100,1 X PREMISES Ea occurrence $ MED EXP(Any oneperson) $ EXclu( PERSONAL&ADV INJURY $ 1,000,1 0 2,000,1 91 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY1:1 PE� LOC PRODUCTS-COMPIOP AGG $ 2,M OTHER $ CD C AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,0�0,1 Ea accident $ 0 ANY AUTO X 06000152-2 03/22/2019 03/22/2020 BODILY INJURY Perperson) $ T_ OWNED SCHEDULED AUTOS ONLY rx AUTOS BODILY INJURY Per accident $ I X HIRED NON-OWNED PROPERTY DAMAGE CD AUTOS ONLY AUTOS ONLY Per accdent $ cy D X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 3,000,1 06 EXCESS LAB CLAIMS-MADE ZUP12T54381-19-NF 03/23/2019 03/23/2020 AGGREGATE g 3,000,1 DED X I RETENTION$ 10,000 A WORKERS COMPENSATION PER OTLl AND EMPLOYERS'LIABILITY STATUTE ER — ANY PROPPIETORfPARTNERfEXECUTIVE YIN 0830-48657 08/0612019 08/06/2020 E.L.EACH ACCIDENT $ 1,00 OFFICERfMEMBER EXCLUDED? NIA CY {Mandatory in NHI E.L.DISEASE-EA EMPLOYEE $ 1,000,1 If yes,describe under 1,000,1 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ E Equipment Floater 31­1556672 03/22/2019 03/22/2020 Rented & 75,1 U) Leased f:� a� DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project:West Martello Brick and Mortar Restoration Key West, Florida C Monroe County and Monroe County TDC to be listed as certificate holder and I additional insured, except on worker's compensation coverage 0 CERTIFICATE HOLDER CANCELLATION MONROE1 0 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II O Monroe County Board of ACCORDANCE WITH THE POLICY PROVISIONS. County Commissioners &Monroe County TDC AUTHORIZED REPRESENTATIVE 500 Whitehead Street Key West, FL 33041 -�— ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 879 ?CJ�COURP"Co C.33.d Kevin Madok, cPA ;o ;o ... ���y Clerk of the Circuit Court& Comptroller—Monroe County, Florida ~Rae cooN, U) DATE: June 5, 2019 06 TO: Keith Bring 19 Project Manager Breanne Erickson Budget/Contract Administrator Tainmy Sweeting Interim Executive Administrator FROM: Pamela G. Hanc c .C. 0 SUBJECT: April 17'BOCC Meeting � �s Enclosed are two duplicate originals of Item C31, Contract wide Contracting Specialists, Inc. Soutli East die West Martello Tower Brick and Mortar Restoration Project in die amount of $466,175.00, funded by die Tourist Development Council, for you handling. Should you leave any questions, please feel free to contact me at (305) 292-3550. LO N e e 0 U U) A T a� e cc: County Attorney 0 Finance U File e 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 Plan ' Packet Pg. 880 305-294-4641 305-289-6027 305-852-7145 305- Agreement Between Owner and Contractor U) Where the basis of payment is a STIPULATED SUM 0 06 AGREEMENT made as of the April 17, 2019 19 BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, FL 33040 And the Contractor: Contracting Specialist Inc. South East 1600 North Powerline Road Pompano Beach, FL 33069 E � For the following Project: West Martello Brick and Mortar Restoration �s 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. v A. Project consists of structural stabilization of the historic masonry at the West Martello Tower. The West 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. 0 U B. The work will include, but not necessarily be limited to, the following items: Restoration of .historic brick and mortar dating from the 1862 using a lime based mortar. T The Contractor shall be responsible for complying with regulations, approvals, and permitting by the: Historic Architectural Review Commission of the City of Key West and any other permitting or regulatory agencies as applicable. ARTICLE 1 0 The Contract Documents The Contract Documents. consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda AGREEMENT 00500- Page 1 of 17 Packet Pg. 881 C.33.d 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 g Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An U) enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the W event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. 06 ARTICLE 2 19 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 U) 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 LO liquidated damages table below shall be utilized to determine the amount of liquidated damages. 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 0 U) 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. ARTICLE 4 (n 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 Four hundred sixty-six thousand one hundred o seventy-five and 00/100 Dollars ($466,175.00), subject to additions and deductions as provided in the Contract Documents. AGREEMENT 00500-Page 2 of 17 Packet Pg. 882 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: none g (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, then attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid.) Alternate# 1: No Alternates Specified o 06 Four hundred sixty-six thousand one hundred seventy-five and 00/100 Dollars -19 a Dollars ($ 466,175.00) 0 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 and fifty dollars 00/100 0 (Type A-words) 550.00 (Type A— numbers) o 0 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: LO cv Eight hundred and fifty dollars 00/100 (Type B -words) 850.00 (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. U U) Unit price for each ten (10) sq. ft. of surface area to be replaced: T Two Thousand Three Hundred Dollars 00/100 (Type C -words) 2 300.00 (Type C— numbers) U 4. Type D masonry repair method: Removal of brick arches, or other structural elements, and reconstruction with the same brick. AGREEMENT 00500- Page 3 of 17 Packet Pg. 883 C.33.d Unit price for each ten (10) sq. ft. of arch area or other structural elements to be removed and reconstructed: g Four Thousand Seven Hundred Fifty Dollars 00/100 U) (Type D -words) W 4 750.00 0 0 (Type D— numbers) 06 19 ARTICLE 5 ° Progress Payments co 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. 0 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 ofLO 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: 0 U 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 U 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. AGREEMENT 00500- Page 4 of 17 Packet Pg. 884 C.33.d 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment g 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 2 location agreed upon in writing), less retainage; W 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 06 5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or 19 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), 2 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 �s 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) LO 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 U (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) A 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. �s C. Warranties, bond and guarantees. D. Keys and keying schedule. AGREEMENT 00500- Page 5 of 17 Packet Pg. 885 C.33.d E. Spare parts and maintenance materials. 0 F. Electronic copies of approved submittals. U) G. Evidence of payment and final release of liens and consent of surety to final W release (includes final release from all utilities and utility companies). 0 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. �s 7.5 A person or affiliate who has been placed on the convicted vendor list following a 0 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, LO 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 under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized U 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 A 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 AGREEMENT 00500- Page 6 of 17 Packet Pg. 886 C.33.d 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 g 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 mediation U) 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 c 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. c 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. LO 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 E 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, U and funding solicitations shall be approved by each party prior to submission. A 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. 0 U 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 AGREEMENT 00500- Page 7 of 17 Packet Pg. 887 C.33.d 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 g shall be required to enter into any arbitration proceedings related to this Agreement. U) j) Nondiscrimination. The parties agree that there will be no discrimination against any W 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 06 court order. The parties agree to comply with all Federal and Florida statutes, and all 19 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 o seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual LO 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. E 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. 0 U 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 A 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 00500- Page 8 of 17 Packet Pg. 888 C.33.d 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 g discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift,'or consideration. 2 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 1 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 06 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. �s Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: 0 (1) Keep and maintain public records that would be required by the County to perform the service. LO (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 0 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 U the County. A (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. AGREEMENT 00500- Page 9 of 17 Packet Pg. 889 C.33.d S (5) A request to inspect or copy public records relating to a County contract must g '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 2 request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. 0 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. U) 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 0 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- o BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. Right to Audit LO Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and E unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this U agreement, and all other agreements, sources of information and matters that may in Owner's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, ° duties or obligations under or covered by any contract document(all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents or the County Clerk. Owner or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, U and contractors representatives.All records shall be kept for ten (10)years after Final Completion. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. If any auditor employed by the Monroe County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for AGREEMENT 00500- Page 10 of 17 Packet Pg. 890 C.33.d purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, F.S., running form the date the monies were paid g to Contractor. U) 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, 0 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 4s 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. LO 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. U U) s) Attestations. Contractor agrees to execute such documents as the County may A 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 Z AGREEMENT 00500- Page 11 of 17 Packet Pg. 891 C.33.d together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. g 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 o 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 o 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 Contractor s failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all LO 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 E 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. 0 U 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 U 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 AGREEMENT 00500- Page 12 of 17 Packet Pg. 892 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 g basis of race, color, national origin or sex in award and performance of contracts, entered pursuant to this Agreement. 2 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: Don Kearney Contracting Specialists Inc. South East 1600 North Powerline Rd Pompano Beach, FL 33069 0 For Owner: Director of Project Management Assistant County Administrator, PW& E 1100 Simonton St., Room 2-216 1100 Simonton St. LO Key West, FL 33040 Key West, FL 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. A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of 0 service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONTRACTOR. A T B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with seventy-two (72) hours' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach AGREEMENT 00500- Page 13 of 17 Packet Pg. 893 C.33.d is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum g due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for 06 breach of contract and including the right to pursue a claim for violation of the 19 COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon sixty (60) days' notice to CONTRACTOR. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 8.2 For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has LO given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy U U) Sector List or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has given the T Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida (n Statutes, or(2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. ARTICLE 9 Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: AGREEMENT 00500- Page 14 of 17 Packet Pg. 894 a) Drawings: Bender Associates, signed and sealed plans (sheets Al, A2, A3, A4, A5, A6) as included in the Monroe County Request for Proposals (RFP) for this project g b) Project Manual: West Martello Brick and Mortar Restoration Specifications— 16 2 pages c) Documents: None V_ 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; asr` included in the Monroe County Request for Proposals (RFP)for this project. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in'thd", Project Manual dated: March 2018 9.1.4 All County required forms and certifications as included in the Monroe County Request for Proposals (RFP) for this project. 9.1.5 The Addenda, if any, are as follows: Number Date 01 01/14/2019 0 This Agreement is entered into as of the day and year first written above and is executed in one (1) original copies. A copy will be delivered to the Contractor. LO N BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW 0 U U) A T a� 4� AGREEMENT 00500- Page 15 of 17 Packet Pg. 895 C.33.d 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) BOARD OF COUNTY COMMISSIONERS U) Attest: Kevin Madok, Clerk OF MONR05-JCOUIVY, FLORIDA By: _4 e�� 2 06 $s eputy Clerk Mayor/Chairman i I7 s-I ° o �'`•'��,°, C ACTOR'S Witnesses Attest: CONTRACTOR:oontractijaS ialists Inc. - South t tractor must provide two witnesses signatures Signature: Signature: Print Name: M rk A. o son Print Name: Sophie Arenbur Title: Treasurer 0 Title: Administrator Date: April 26,2019 Date: April 26,2019 0 0 and MONK':E COUNTY ATTORIN EY Signature: VED AS TO ORM LO Print Name: Don T. Kearney "� ''IS AMBROSlO Title: Principal ASS►6' \?,L1T COUNTY ATTGNlqEY Date: April 26, 2019 Date: _fit Z MA STATE OF F3b2Rdf , COUNTY OF Bristol 0 On this 26th day of April , 20 19 , before me, the undersigned notary public, U) personally appeared kA.Johnson known to me to be the person whose name is subscribed above or wh produced personally known as identification, and acknowledged T that he/stbtst! t rso ho xecuted the above contract with Monroe County for Weja Martellf Brick and o ration for the p es therein contained. mac- -TI rr.r-- - o Notary Publ Print Name is a arris MELISSA MARIE HARRIS C:)C->� Cn o N ly- bli;CommOnweandMassadiaA �' My commission expires: Aril 10 2026 My pnExPhsap110,2026 -=+;_, _ rn End of Section 00500 4) r Q . AGREEMENT 00500- Page 16 of 17 Packet Pg. 896 WEST MARTELLO BRICK AND MORTAR RESTORATION PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS 0 Worker's Compensation Statutory Limits 06 Employers Liability $1,000,000 Bodily Injury by Accident: 19 19 $1,000,000 Bodily Injury by Disease. Policy Limits co $1,000,000 Bodily Injury by Disease, each employee General Liability, including $1,000,000 Combined Single Limit Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability 0 Vehicle Liability(Owned, non-owned, and hired vehicles) $1,000,000 Combined Single Limit If split limits are preferred: $500,000 per Person $1,000,000 per Occurrence $100,000 Property Damage Builder's Risk: Required Limits equal to the full replacement value of the completed project LO The contract shall require a Public Construction bond equal to the contract cost. The bond must `d be issued by an A rated surety company doing business in the State of Florida. 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 o asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or U) in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or A other invitees during the term of this Agreement, (8) the negligence or recklessness, intentional 2 wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its � eCL mployees, agents, sub-contractors or other invitees, or(C) Contractor's default in respect of any (n of the obligations that it undertakes under the terms of this Agreement, except to the extent the CD 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 o claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or U INSURANCE REQUIREMENTS.AND FORMS 00130-Page 40 of 383 E Packet Pg. 897 WEST MARTELLO BRICK AND MORTAR RESTORATION 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 Contractor s failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from 06 such delay. Should any claims be asserted against the County by virtue of any deficiency or 19 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 e 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. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this AGREEMENT. PROPOSER'S STATEMENT 0 0 I understand the insurance that will be mandatory if awarded the contract and will comply in full with all of the requirements herein. I fully accept the indemnification and hold harmless and duty to defend as set out in this proposal. , 0 0 Contracting Specialists Inc South East CL CL PROPOSER Signature eO N 0 U U) A 2 aCL 0 U INSURANCE REQUIREMENTS AND FORMS 00130-Page 41 of 383 Packet Pg. 898 C.33.d --, CONTR-1 OP ID' KE ACORL7" CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 05123/2019 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 O 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. U) 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 772-223-0400 COVT9cT Thomas N.Tardonia NAEAtlantic Pacific-Stuart PHONE 772-223-0400 FAX 772-223-1919 620 SE Central Parkway (Arc,No,Ext): (AIC,No): Stuart, FL 34994 ADDRIESS:' Thomas N.Tardonla 06 INSURERS AFFORDING COVERAGE NAIC N —19 INSURERA:Brid efield Employers Ins.Co. 10701 2- ° INSURED INSURER B:Gemini Insurance CO CC Contracting Specialists,Inc. Progressive Cos. O -South East INSURER C: g 1933 W.Co,pans Rd Pompanoeach FI,FL 33064 INSURER D..Travelers Excess and Surplus INSURER E Travelers Insurance Co. 25666 INSURER F U) COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFYTHAT 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. INSR ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDDIYYY MMIDDIYYYY LIMITS B X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 11000,00 0 CLAIMS-MADE X OCCUR VGGP003982 03/23/2019 03/23/2020 DAMAGE TO RENTED 100,00 cm X PREMISES(Ea occurrence) $ MEDEXP(Any onePerson) $ Exclude PERSONAL&ADV INJURY $ 1,000,00 U GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,00 POLICY EljEef LOC PRODUCTS-COMP/OP AGG $ 2,000,00 OTHER: $ COMBINED SINGLE LIMIT 1,000,00 rL C AUTOMOBILE LIABILITY Ea accdent $ ANY AUTO X 06000152-2 03/22/2019 03/22/2020 BODILY INJURY Per person) $ .�. OWNED SCHEDULED AUTOS ONLY Ix AUTOS BODILY INJURY Per accident $X HIRED I18N- 11NEp PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLto Cd $ D X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 3'00D,00 EXCESS LIAB CLAIMS-MADE ZUP12T54381-19-NF 03/23/2019 03/23/2020 AGGREGATE $ 3,000,00 E DED I X I RETENTION$ 10,000 $ A WORKERS COMPENSATION PEATUT ER H AND EMPLOYERS'LIABILITY 0830-48657 08/06/2018 08106/2019 1,000,00 ANY PROPRIETOR/PARTNERIEXECUTIVE Y E.L.EACH ACCIDENT $ WFFICEPJMElv1 R EXCLUDED? N 1 A Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,00 0 If yes,describe under 1,000,00 2 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ E Equipment Floater 3H556672 03/22/2019 03/22/2020 Rented& 75,00 O Leased U t) 0 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) ° Project:West Martello Brick and Mortar Restoration Key West, Florida Monroe County Board of County Commissioners&Monroe County TDC are named 91 as additional insureds A R ED O;ENT WAI ER N/ S�, CERTIFICATE HOLDER CANCELLATION O MONROE1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County Board of ACCORDANCE WITH THE POLICY PROVISIONS. County Commissioners &Monroe County TDC AUTHORIZED REPRESENTATIVE 500 Whitehead Street / Key West, FL 33041 ACORD 25(2016/03) / O 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 899 .. C.33.d CONTR-1 ACORO" CERTIFICATE OF LIABILITY INSURANCE DATE 05/ 2l202/2fY019 �./ 9 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 0 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 772-223-0400 CO TACT Thomas N.Tardonia NA Atlantic Pacific-Stuart PHONE 772-223-0400 FAX 772-223-1919 620 SE Central Parkway (Arc,No,Ext): LAIC,No): Stuart, FL 34994 A DRIESS:' Thomas N.Tardonia 06 INSURERS AFFORDING COVERAGE NAIC p INSURERA:Brid efield Employers Ins.Co. 10701 2- a INSURED INSURERB:Geminl Insurance CO co Contracting Specialists,Inc. Progressive Cos. 0 -South East INSURER C: g 1933 W. Corns Rd Travelers Excess and Sur lus Pompanoch FI,FL 33064 INSURERD: p INSURER E Travelers Insurance Co. 125666 INSURER F: 888 COVERAGES CERTIFICATE NUMBER: 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. INSR ADDL SUBIR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDDfYYYY) (MMIDDfYYYY1 LIMITS B X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 0 CLAIMS-MADE X OCCUR VGGP003982 03/2312019 03/2312020 DAMAGE TO RENTED 1QO,QQ X P S Ea oc u re e $ MED EXP(Any oneperson) $ Exclude APPROVW DY T PERSONAL&ADV INJURY $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: BY"- GENERAL AGGREGATE $ 2,000,00 POLICY PE oD LOC DAIE 2,000, � PRODUCTS-COMPIOP AGG $ 00 @ OTHER: $ WAIVW COMBINED SINGLE LIMIT 1,000,00 C AUTOMOBILE LIABILITY N/ Ea accident $ ANY AUTO X 06000152-2 03/22/2019 03/22/2020 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY LXX AUTOS BODILY INJURY Per accident $XHIRED NON-OWNED PP Oa PE DAMAGE DAMAGE $ AUTOS ONLY AUTOS ONLY LO $ D X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 3,000,00 EXCESS LIAB CLAIMS-MADE ZUP12T543 81-1 9-NF 03/23/2019 03/23/2020 AGGREGATE $ 3'��D'DD E DED I X I RETENTION$ 10,000 $ A WORKERS COMPENSATION PER U E ORTH- ST AND EMPLOYERS'LIABILITY YIN 0830-48657 08/06/2018 08/06/2019 1,000,00 ANY PROPRIETOR/PARTNERIEXECUTIVE NIA A E.L.EACH ACCIDENT $ OFFICER!y'IMBE}EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ andator n H 1,000,00 CY If yes,describe under 1,000,00 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ E Equipment Floater 31-1556672 03/22/2019 03/22/2020 Rented& 75,00 0 Leased U t) U) DESCRIPTION OF OPERATIONS I LOCATIONS[VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) Project:West Martello Brick and Mortar Restoration Key West, Florida Monroe County Board of County Commissioners are named as additional insureds91 (n CD CERTIFICATE HOLDER CANCELLATION 0 MONROE1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 0 Monroe County Board of ACCORDANCE WITH THE POLICY PROVISIONS. County Commissioners 500 Whitehead Street AUTHORIZED REPRESENTATIVE Key West,FL 33041 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 900