Item C19 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 16,2014 Division: Public Works/Engineering
Bulk Item: Yes X No Department: Engineering Services
Staff Contact Person/Phonek Judy Clarke X4329
AGENDA ITEM WORDING: Approval to award bid, waive minor mathematical irregularities, and
approve a contract with Construct Group Corp. for construction of the US 1 Bayside Shared Use Path
project in Key Largo(approximately MM 106.1 to MM 99.9).
The project is funded by a County Incentive Grant Program (CIGP) grant from Florida Department of
Transportation(FDOT)and supplemented by District Three Transportation Impact Fees.
ITEM BACKGROUND: At the February 2014 meeting, the BOCC directed staff to advertise for
construction bids for US I Bayside Shared Use Path.
The County received three bids on June 17, 2014; Construct Group, Corp. was the lowest responsible
bidder at $2,176,320.01. The bid as submitted contained several minor mathematical errors, however,
the$2,176,320.01 price reflects the corrected bid and contract amount.
PREVIOUS RELEVANT BOCC ACTION: In August 2010, the BOCC approved using District
Three Transportation Impact Fees as 50% match to design and construct shared use path adjacent to
US 1 bayside in Key Largo. In October 2011, the BOCC approved a contract with Metric Engineering,
Inc. for engineering design and permit fees for the path. In February 2014,the BOCC approved a CIGP
Agreement with FDOT to provide $1,053,021 grant funding for construction and CET services and the
BOCC approved a Maintenance Memorandum of Agreement with FDOT to provide maintenance of
the trail upon completion of construction. At the same time, the BOCC approved advertising for
construction bids for the project. As of May 2014, the BOCC has approved 4 amendments to the
Metric contract, the latest of which extended the design contract until June 1, 2015 to allow for the
construction bidding process.
CONTRACT/AGREEMENT CHANGES:Not applicable
STAFF RECOMMENDATIONS: Approval of the contract for construction of US 1 Bayside Shared
Use Path project as requested above.
TOTAL COST: $2,176,320.01 INDIRECT COST: BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: NIA
COST TO COUNTY1- ,1123,.299.01 SOURCE OF FUNDS:'FDOT grant and
Distri a 3 transportation,J,Mpact fees,
REVENUE PRODUCING: Yes— No AMOUNT PER MONTH Year
APPROVED BY: County At O I /PJLng_ Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Construct Group Corp. Contract#
Effective Date: July16,2014 - ----
Expiration Date: 270 days from Notice to
Proceed
Contract Purpose/Description:
Construction contract for US 1 Bayside Shared Use Path construction project in Key
Lar o MM106 to MM99.
Construction cost is$2,176,320.01 and will be funded b $1,053,021 of FDOT CIGP
funds and C?i!!A-y Match of$1,123,299.01.
Contract Manager: Judy Clarke 4329 En ' eerin #1
(Name) (Ext.) (Department/Stop#)
for BOCC meeting on 7/1612014 A ends Deadline: 7/1/14
CONTRACT COSTS
FTotalDollair Value of Contract: $ 2,176,320.01 Current Year Portion: $ 600,000
Budgeted? Yes X No Account Codes: L L; W 0 -5 05
Grant: $ $1,053,021 - - - -
County Match: $ 1,123,299.01 - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $100 000/yr For: Public Works maintenance crew
(Not included in dollar value above) tog,.mnaintenanee,utillities„"anitorial,salaries,etc.)
CONTRACT REVIEW
Changes Date Out
Division Director °` YeNeed d e7 ° r r v
bate
Yes❑ NoEl
Risk Management
d" �e ,
O»M,B.
Yes No `' "
�. �"/Purckasin � ��
Y y1"' G, Yes[]No .. .
Count Attorney
„� � � w ��1°�r, m ..�� � � �'� , r� fit....
Continents:
OMB Form Revised 2127/01 MCP#2
Section 00500
Standard Form of Agreement
Between Owner and Contractor
Wiere the basis u/-paynrew is a STIPULATED Sl1.L!
AGREEMENT
Made as of the l6th day of July in the year of Two Thousand and Fourteen.
BETWEEN the Owner: Monroe County Board oFCounty Commissioners (-BOCC-)
1100 Simonton Street
Key Nest, Florida 33040 ("Owner")
_.
And the Conti-actor:m mm _.__. Construct Group Corp.
8 t45 W 28d` Avenue, Suite 217
Hialeah, FL 33016
("Contractor")
For the following Project US t Bayside Shared Use Path
Key Cargo
Monroe County, Florida ("Project")
.... _.._... ....... _
Oversight for Owner: Stantec Consulting Services, Inc.
901 Ponce de Leon Blvd, Suite 900
Coral Gables, Florida 33040
Engineer: Metric Engineering, Inc.
13940 S.W. 136th Street, Suite 200
Miami, Florida 33186
The Owner and Contractor agree as set Forth below.
23;14 SGVNDARD FO1t'vl OF AGREEMENT BMVEEN OWNER ikNDCONl_ ACTOP(9 2011) M500-1
US 1 LL�)Vs�idc,� Shm'cd Usw Path
ARTICLE I
The Contract Documents
The Contract Documents consist of this A,,rceiricrit, Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, Insurance Requirements and
DoCLHIICIItS, NIflestoric Schedule, Bid Documents and Contractor's Bid. Addenda issued prior to
execution of this Aorecrricrit. other documents listed in this Agreement and Modifications Issued
after execution of this Agreement, These form the Contract, and are as fully a part of the
Contract as if attached to this Agreement or repeated herein, The Contract represents the entire
and integrated agreement between the parties hereto and Supersedes prior neootiatiOns,
representations or agreements, either written or oral.
ARTICLE 2
The Work of this Contract
The Contractor shall execute the entire Work described in the Contract DOCUrnents, except to the
'C indicated I responsibility
extent specifically the Conti-act Documents to be the responsibility of others, or as
follows:
Scope ol'Work is as specified in the Contract Documents, and shown on the Drawings and in the
ific, ions. The contract constitutes the entire and exclusive agreement between the Owner
specifications. I
and the Contractor with reference to the US I Bayside Shared Use Path Project.
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date ofcornmencernent is the date from which the Conti-act Time of Paragraph 12 is
measured, and shall be the date of this Agreement, as first written above, unless a different date
is stated below or provision is made for the date to be Fixed in a notice to proceed Issued by the
Owner as stated in Section 00350, milestone schedule. Unless the (late of commencement is
established by a notice to proceed Issued by the Owner, the Contractor shalt notify the Owner, in
writing not less than five days before commencing the Work.
The date of commencement shall be the date specified in the Notice to Proceed issued to the
Contractor.
3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than
270 Dais after the Date of Commencement, subject to adjustments of the Conti-act Time as
provided by the Conti-act Document.
L 10 UIDA TED DA ALA GES
Liquidated damages will be based on the Substantial Completion Date for all work, modified by
all approved extension in time as set forth by the Owner's signature of approval Oil the
Certificate of Substantial Completion. The liquidated damages table below shall be utilized to
determine the amount of liquidated damages.
33�14 FORM OF AGREEMENT BF._rWEEN'O\VNER AND CONTP.NCTOR(9 2011) 00_TA0-2
US? Q. Baays4le Shaaired Use Path
FIRST SECOND 31" DAY &
11ItO1;AV' �I i D"\)"S
... ...... 15 DAYS ... m..__... I`1-1E- ..1..� _..n_°_._Em..R
�
Under 50,000.O0 S510.0WDAY S 1.00,00/DAY S2.5O.00IIOAY
S50,000M-` 99,999M 1010M/C3AY 200.00/D,-,kY 750,OOtDAY
S100,000.00-499,999.00 2.%010/'DAY 500.00/DAY 2,000 OiDAY
5500,000.0 and Up 500M/DAY 1,000.00/DAY 3,500.001I)AY
h'he C-'ontractor's recovery of darna'ges and sale rennedy for any delay caused by the (Owner shall
be an e�Ntension of time on the Contract.
Balance of Paae Intentionally Left Blank
ZJ P SFXNDARD FCO1tM OF AGaRF.EM NF BE RVEEN OWNER AND CON 1,RAC F014 201 O (X)5(,)O-3
US V Hayside Sharcxt 1.1'se. PQuh
ARTICLE 4
Contract Sum
4.1 The okvner shall pay the Contractor in CLIi-rcrit I'unds lot-the Contractor's performance of
the Conti-act, for the US I Bayside shared Use Path ProJect the Contract Sum of
T'V'v'O Iv I I L L 10 N ONE HUNDRED SEVENTY SIX THOUSAND THREE HUNDRED
TWENTY DOLLARS AND ONE CENTS, ($2,176,320.01), subject to additions and
deductions as provided in the Contract Documents,
4.2 The Contract Sum is based upon the following alternates, if any, which are described in
the Contract Documents and are hereby accepted by the Owner: None
4.3 Unit prices, if any, are as follows: As specified in Section 00110.
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Owner, and
upon Project Applications and Certificates for Payment, the Owner shall make progress
payments on account of the Contract SLIM to the contractor as provided below and elsewhere in
the Contract Documents.
5.2 The period covered by each Application for payment shall be one calendar nionth ending
on the last day of the month.
5.3 County Shall pay pursuant to the Local Government Prompt Payment Act 2 18.70,
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by
the Contractor in accordance with the Contract Documents. The Schedule of Values shall
allocate the entire Contract Sum among the various P01-tiOnS of the Work and be prepared ill Such
forni and supported by Such data to substantiate its accuracy as the Owner may require. This
schedule, unless objected to by the Owner. shall be used as a basis for reOcwlirig the Contractor's
Applications for Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each poillon 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 ofeach progress
payment shall be computed as t'ollows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as
detennined 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 ot'Values, less
retainage of Teti pet-cent (10%). Pending final determination ofcost to the Owner ofchanges, in
the Work, amounts not in dispute may be included in applications for Payment. The amount or
credit to he allowed by the Contractor to the Owner for a deletion or change 'which results 1 in a
net decrease in the Contract Sum shall be actual net cost as confirmed by the Owner. When both
23i14 5TANMU)FORM OF AGREJENEIN-F BETV4 FINt OWNER AND COI M ACFOR(9_201 W5M 4
T"S I Jk�vs_i de Simi ed U,�-c-p-ndl
additions and credits coverin'(-, related Work 0Ir SUbstitUtiOnS are Involved in a change the
allowance for overhead and profit shall be 6-urcid oil the basis of net 'increase, if any, with
respect to that change.
5.62 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 retaina,,,e of Ten percent ( 10%).-
5,6.3 Subtract the aggregate of previous payments made by the Owner-, and
5.6.4 Subtract amounts, if any, for which the Owner has withheld or nullified a Certificate for
Payment as provided in Paragraph 9.5 of the General conditions,
5.7 The progress payment amount determined in accordance with Para(-graph 5.6 shall be
further modified under the following circumstances:
5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total
payments to Ninety percent (90%) of the Contract Sum, less such amounts as the Owner
recommends and determines for incomplete Work and Unsettled Clairns'- and
5.7.2 Add, if final completion of the Work is thereafter materially delayed tfu-ou(yli no fault of
the Conti-actor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the
General Conditions.
5.8 Reduction or limitation of retaina,ge, if any. shall be as follows: None
ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the
Owner to the Conti-actor when(1) the Contract has been fully performed by the Contractor
except for the Contractor's responsibility to correct nonconforming Work as provided in
Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which
necessarily Survive Final payment: and (2) a final Project Certificate for Payment has been issued
by the Manager:
Project such final payment shall be made by the Owner not more than 20 days
01
after the issuance ol7the final Project Certificate for Payment.
ARTICLE 7
Miscellaneous Provisions
TI Where reference is made in this A-regiment to a provision of the General Conditions Or
0
another Contract DOCLIM(Alt, tile reference refers to that provision as amended or supplemented
by offier provisions of the Contract Documents.
7.2 Payments due and Unpaid under the Contract shall bear interest pursuant to the Local
Government Prompt Payment Act 2 18.735
2"Y 14 '_�',LANDARD F(RIvI 01"AGREENIhNLFBIINVEENN OWNFIRAND CON'l P NCT(.)R(9 2011) W500-5
6'5 t Dil uc�;A'C�e J"�10"]
T3 Temporary facilities and sere,ices!
done.
7.4 klonnic Coumf s petTwmance and ohligatton to pay under this contract is contingent
LIJ)011 all annual appropriation by the Board orCounty Commissioners.
13 MHe Entities Crimes By syIng dis ;kgreement. Convector represents that the
execution al'ths Agreement will not violate the Public Entities Crime Act (Section 287A33,
I'lorida Statutes). Violation of this section shall ircstilt in termination of this A-rccmenL and
reco%ery of all monks paid hereto. and may result in debarment Gum Counq's competitive
PrOCUirement activities.
In addition to the kmogoNg, Contractor Further represents that there has been no
determination. based oil an audit that A or any subcontractor has committed an act defined by
Section 287 133. Florida Stanaws, as a "public My crime'- and that it has not been CorrnaQ
chmged %%Ah comn&Wne an act defined as a "public emAq crime" regardless or we amour of
money involved or whcthcr Contractor has been placed oil the convicted vendor list.
Contractor Will Promptly notify the County if k or any subcontractor W formally charged
m id-I an act defined as a -public entity LI-illIC" Or has been placed on the convicted vendor list. A
person or affiliate who has been p6cod on the convicted vendor list following;a com,iction for
public emby crime may not submit a bid on a contract to provide any goods or services to a
Public entity, may not submit a bid on a contract with to public entity for the construction or
repair of a public bUddi1lL-T or public work, may not submit bids on leases of red property to
public entity, may not be awarcted or perform work as conn-acmr, supplier, subcontractors or
C011SUltarit Under a contract with any public My. and may not transact business with any public
entity I excess ordic threshold amount prow)ided in Section 287.017. tor CATEGORY TWO f'or
,I period ol'36 months from the date Mleing placed on the convicted vendor list.
7,6 The Following items are part of this contract;
a) NfaintMU.nce of Records: Contractor shall maintain all books. record,",. and
documents directly pcdnom to polmmaricc under this Agreement in accordance "vith gQ11craHY
accepted accounting principles consistently applied. Fach party to this Agreement or their
audmrized representatives. or the Federal Emaycavy Managerrictit Agency or its designee shall
have reasonable and timely access to such reands of each other party to this Aurclemcm For
ptd)hc records purposes during the term of the Agreement and for [Our years t'01101A`61,11 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 pur-poses not ULANZY by
this ekgreeinent, the Contractor shall repay the monies together with immum calWated pursuant
to See. 5103: FS, running from the date We ironies were paid to Contractor,
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall
be governed by and construed in accordance wide the laws or the smic or Flodda applicable to
contracts made and to Ibe performed entirely in the State.
In the event that any cause of faction or administrative proceeding is instituted for
the cnMement or interpretation of agreement, the County and Contractor agree that Venue
2314 5'FANDARD MRM 01".AGRLEMLNF BUNFEN MNER AND C0NM-RkC.T0R(Q :2011) 005(A-1-6
t:,� B Bau s�de S6oaiiu.'u_C C:ti� II"<�u.11x
shall tie in the appropriate court or belbre the aplymp6me administrative body in !Monroe
County, Florida. f'his Agreement shall not be :subject to arbitration.
c) Sevurtbiligi If any term, covenant, condition or provision of this
Agreenent (or the application thereof to any circurnstance or person) shall be declared invalid or
unenforceable to any cxtent 'by a court or competent jurisdiction. the reta1annul-I terInS, covenants,
conditions and provisions of this Agreement, shall not be affected therelby, and each remaining
tc;rrn, covenant. condition and provision olf this Agrearnmt shall he valid and shall he enforceable
to the fullest extent permitted by law unless Be enlNernem of Be remainIg termz 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 miifh a valid provision that comes as close as possible to the intent of the
stricken prov,ision.
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 or thus Agreernc nt, the prevailing party shall be entitled to
reasonable attorney's fees ancl court costs, as an award .against the non-pirevailing (party, and shall
include rrttor°ney's tees and courts costs in appellate proceedings. %lahadon proceedings
initiated and conducted pursuant to this Agreement shall be in accordance with the (Florida Rules
of Civil Proce(ure and usual and customary procedures required by the Circuit court of'.Vlonroe
County,
e) BWdhg 'Effect: The tarns, covenants, conditions, and provisions of this
,= greement shall bind and inure to the benefit of the Count., and Contractor and their respective
legal mpresentmives, successors, and assigns.
t) Authority: Each party represents and "arrants to tlae other that the execution,
dchi cry and performance of this Agreement have been duly authorized by .all necessary County
and corporate action, as required by law,
g) Claims for Federal or State Aid: COutra61011' and County agree that each shall
be, and is. empowcmd to apply for, seek, and obtain federal and state hands to further the
purpose of this Agreement; provided that all. applications, requests, grant proposals, and Funding
solicitations shall be approved by each party prior to submission.
h) Nondiscrimination: Cmuuy and Contractor agree that there will be no
discrimination against any pcoon. and it is expressly understood that upon a determination by a
court of competent jurisdiction that discrimination has occurred. this Agreement automatically,
terminates m,"ithotrt any furtlher action on �[lie part o1` any party, effective the clate of the court
order. County or Contractor agree to comply with all Federal and Florida statutes, and all local
ordinances. as applicable, relating to nondiscrimination. There include but are not limited to: l)
Title 11 of time Civil Rights Act of 1964 (PL. 88-352) which prohibits discrimination on the basis
of race, color or nahond origin; 2) Title U of the Education Amendment of 1972, as anwnded
(20 USC ss.1681-1683, and 1685-1686). which prohibits discrimination on the basis of scxx 3)
Section 504 of the Rehabilitation Act of 1971 as amended (20 CSC s. 794y which prohibits
discrimination on the basis of handicaps: 4) The Age Discri-mirmaon Act of 1975, as amended
(42 USC ss. 6101-6HE) which prohibits discrimination on the basis orage: 5) The Drub, Abuse
Office and Treatment Act of 1972 (PL 92-255)„ as auaended, relating to nondiscrimination on the
basis of drug abuse: 6) The Comprehensive Alcohol Abuse and alcoholism Prevention,
2; 14 201 l) 0050} 7
'S
Treatment and RAmbilitation Act or 1970 (PL 911% as arrialtiel relating to
nondiscrimination on the buds of alcohol abuse or alcoholism: 7) The Public Health SCI-ViCic Act
or 1912, ss. 323 and 527 (42 USC ss. 690dd-3 and 290ee-3), as anwadaL relating to
conlidcrai,ality of alcohol and drug abuse parent records: 8) Tile 1111 or the CiOl RQhB Awt of
196K (42 USC Y et soqj as amended, relating to nondiscrimination in the sale, rental or
financing ot'housing: 9) The Americans %\ith Disabilities Act of' I1990 (42 USC s. 1201 Note), as
maybe amended from time to Um, Watling to nondiscrin-unation on the Ibasis of disability; 110)
khrinse County Codc, Chal)(cr 11, Article VI, which prohibits discrimination on the basis of race,
color. sex, religion, national Wgin, wwomy, sexual orientation. (.1,ender idcntky or expression,
OAK! maws or age; II) Any other nondiscrimination provisions in any Federal or state
smuws which may apply to the parties to, or the subject matter A this Agivorn-u.
0 Covenant of No Interest: COU-Ilty and Witractor eowcn,arit that neither presently
has any interest, and :Thal I not noquic any interest, which would conflict in any manner or degree
with its perflornmricc under this Agreement, and that only interest of each is to perfor-ra and
receive benefits as recited in this Agreernent.
P Code of Ethics: County agrees that othcem and employees or the County
incognize, and will be inquired to comply with the standards of COrldILICI for F)UbhC officers and
employees as ddhwanl in Section 112.313, Florida Statutes, rc�gardinc_4. but not firnited to,
solicitation or acceptance of gifts: doing business %All one's agency: Lill afflho rizcd
compensation; misuse of pubic poslion, conflicting employment, or contractual relationship: and
(fiSCIOSUre Or use of certain information.
k) So SoliciNdonMayment: The County am! Contractor warrant that, W Nspcct to
itself. it has neither employed nor retained any company or persona, other than a Kna title
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 Firni, other than a bona tide
employee working solely For in any FCC. commission, percentage, girt, Or Other Consideration
contingent upon or resulting hvm the award or rimicing or this Agres-nmL For the breach or
violation of the provision. the Contractor agrees that the County shall have the right to terminate
this Agreement without liabiNy and, at is discretion. to offset (from monies owod, or otherwise
recover, the Full arnams of such Q coturniksbon percentage, gift, or consideration.
I) Public Access: The County and Contractor shall allc"v and permit reasonable
access to. and inspection of. all documents, papers, letters or other materials in As possession or
under As control subject to the pmn ishns of Chapter 119, Florida Statutes, and made or received
by the County and Contractor in conjunction LHICtr011 with this Agreement; and the County Shall have the
ri,(Illt to Unilaterally cancel this Agmement upon violation of this provision by Contractor.
Pursuant to F.S. I I 9A70 1. Contractor and A comply wNrAll all s subcontractors shall public records
taws or the State of 1`501L including but not limited to:
(a) Sep am-I maintain public records that ordinarilly and [ICCCSSal-ily Would be
rcWdNd by Monroe County in order to perform the service.
PMVWC the public with access to public records on the tct-rns and conditions
that _M0111-OC County WOUW PMVWC the accords and at a cost that does not exceed
We cam provided in Florida Statutes, Chapter H 9 or as othovisc proOded by
law,
2314 1) WSY�-8
['"S 1 Il aVsJde shared Use P,,ah
M Ensure that public records that are eXellapt or confidential and exempt from
plublic records diSCIC)SUI-C requirements are not disclosed except as authorized by
law
(d) Meet all requirements for retaining public records and transfer, at no cost, to
Monroe County all public records in possession of the contractor upon
termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt fi-OM public records disclosure reLlUireirlents.
All records stored electronically Must be provided to Monroe County in a [brinat
that is compatible with the information technology systems of Monroe0 .
ill) Non-NVaiver of IntimunitN,: Notwithstanding the provisions of Sec. 76,8.28,
Florida Statutes, the participation of the County and the Contractor in this Agreement and the
acquisition Of any commercial tiabillitv insurance coverage, self-insurance covera-c, or local
ciovertirrict-it liability insurance pool coverage shall not be deemed a waiver of InallILIFlity to the
extent of liabilitv, coverage, nor shall any contract entered into by the County be required to
contain any provision for waiver.
n) Frivileole.4 and Immunities: All of the PI-PAIC"ICS and 1111111LIllitieS frotri liability,
C.Xenli from laws, ordinances, and rules, pensions and relief. disability. workcrs'
colilperisation, and other benefits which apply to the activity ol'officers, agents, or employees of
any public agents or employees of the County, when performing their respective functions under
this Agreement within the territorial timilis 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,
0) Legal Obligations and Responsibilities, Non-Delegation of Constitutional or
Statutory Duties. This Agreement is not intended to, not- 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 perf6rinance thereof by any participating entity, in which case
the performance may be offered in satisfaction of the oblkyation 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, stale statute, and case law.
p) Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon
the terms, or any of them, of this A-reenicilit to enforce or attempt to enforce any third-party,
claim or elititlerricint to or benefit of any service or program contemplated hereunder, and the
COL111tV and the Contractor agree that neither the County not-the Contractor or any agent, officer,
or employee or either sliall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group or 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.
(1) Attestations: Contractor agrees to execute Such (101CLIMMItS as file County MaV
reasonably require, including, a Public Entity Crime Statement. all Ethics Statement. and a Drug-
Free Workplace Statement.
2,3 3�14 5[e\ND.:\fWF-'Ot�N[OFAGREF-.t'vtFi\4'1'Bf—f-�VL--L-iNO�VNER,,kNDC'O't lt CrON9 201 t) Q)5(Y)_9
:S I IBLwside Shwrcld Us c NO)
.................................—_
r) No Personal Liability: No covenant or agreement eontained herein shall he
clocnied to be a covenant or agreement of any incrilber, officer. agent or employee of `Monroe
County in his or her individual capacity, and no member, officer, agent or employee of Monroe
COLMLy shall be liable personally on this Agreement or be subject to any personal liability or
accountability by reason cif exectition,of this Agreement.
I ZD
execution in Counterparts- This Agreement may be eXCCUtCd in any number of
COUIMCrpallS. each or 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.
0 Section Headings: Section headings have been inserted in this Agreement as a
n -
matter of convenience of,reference only, and it is agreed that such section licadul"S are not a pail
or this Agreement and will not be Used in the interpretation of any provision of this Agreement.
u) Special Conditions, if any are idetailed in Section 010100 of the Project Manual
for this Project.
v) Hold Harmless and Indemnification: Notwithstanding any rnimillium insurance
requirements prescribed elsewhere in this agreement, the Contractor covenants and a0rees that he
'T Y shall defend. indemnify and hold the C101,lN, and the COUNTY*s elected and appointed
officers and employees harmless from and against (i) claims, actions or caLlSeS of action, (11)
litigation, administrative proceedings, appellate proceedings. or other proceedings relating to any
type Of Injury (including g death), loss, damage, fine, penalty or business interruption, and (iii)
Z�
costs or expenses that may be asserted against, initiated with respect to, or sustained by the
County and the COUNFY's elected and appointed officers and ernploN ces from liabiritics
clarria�acs. losses and costs, Including but not limited to, reasonable attorney S fees. to the extent
caused by the negligence, recklessness, or intentional wronarul misconduct of the Contractor and
negligence,
persons employed or utilized by the indemnifying party in the performance of the construction
contract. The monetary 1111"Illation or liability under this contract shall be not less than St mittion
per Occurrence pursuant to F. S. 725.06. insofar as the claims, actions, Causes of action,
litigation, proceedings, costs or expenses relate to events or circumstances that occur during the
term of this A,,rcernent, this section will survive the expiration of the term or this Agreement or
any carticr termination of this Agreement.
in the event the completion of the project (incIUdHl,(, the work of others) is delayed or SLIspended
as a ITSUlt of the C011iraCtOCS tailLIN to purchase or niainLain the reqUifed insurance. the
Contractor shall indemnify the County from any and all increased expenses resulting From such
delay.
The first tell dollars (SIO.00) ofremunerallon paid to the Contractor is for the indemnification
provided For above.
'File extent of liability is in no %vuy limited to, reduced, or lessened by the insurance requirements
I t o
contained elsewhere within this agreement.
\V) Adjudication of DiSpUtCS or Disagreements: The Owner and Contractor agree
that all disputes and disagreement shall be attempted to be resolved by meet and confer sessions
between representatives oCeLich of the parties. If no resolution can be alli-Ced upon within 30
days after the first meet and confer session, the ISSUC OU iSSUCS shall be discussed at public
2,114 ST:�NDARD FORM OFACREIA, [IN F BERVEEN OWNER AND CONTRACRA9 2011) C0500-10
U'S t Ba wide Shared Use P udl
mecting of it lie Board ofCounty COrannniSSi One l"5. If the iisstaC or issues are still not resOlvOd to the
satisfaction of the parties, then any parity shall have the right to seek such relief or remedy as
may be provided by this Agreement or by Florida law. This provision does not negate or waive
the provisions of Paragraph X concerning cancellation.
x) Cancellation, In the event that the Contractor shall be found to be negligent in
any aspect of installation, stocking, maintenance, repair, or service., the County shall have the
ri4Fbt to teri-ninate this agreement after five days written nonlication to the Contractor.
y) Cooperation: In the event any administrative or legal proceeding is instituted
agaainst either- party relating to the formation, exectation, 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 [lie substance of
this Agreement or provision of the services under this Agreernnent. County and Contractor"
specifically agree that ino party to this Agreement shall be required to enter into any arbitration
proceedings related to this Agreennent.
7) Insurance, In addition to insurance provisions contained elsewhere, tine
Contractor shall name the Florida Department of Transportation as additional insured on any and
all liability policies providing coverage, and require any subcontractors to name the Florida
Department of Transportation as additional insured on any and all 'liability policies providing
cmerage for operations related to the project, Evidence of coverage and additional insured
endorsements shall be prirnv-ided prior to the comrnencernent of work.
7.7 Ownership of the Project Documents: The docurnnents prepare([ by the Contractor for this
Project belong to the County and may be reproduced and copied Without acknowledgement or
permission of the Contractor.
TS Successors and Assigns: The Contractor shall not assign or subcontract its obligations
tandeir this agreement, except in writim, and with the prior written approval of tlne Board of
County Commissioners for Monroe County, which approval shall be subject to such conditions
and provisions as the Board may deeran necessary. This paragraph shall lie incorporated by
reference into any assi(inmcnt or subcontract and any aSslQnce or subcontractor shall comply
with all of the provisions of this Agreement. Subject to the provisions of the immediately
preceding sentence, each party hereto binds itself, its successors, assigns and legal.
representatives to the other and to the successors, assigns .and legal representatives of such other
Party.
7.9 No third PartyBeneficiaries: Nothing contained herein shall create any relationship,
contractual or otherwise, with or any rights in favor of, any third party.
7,10 Americans with Disabilities; Act of 1990 (.FDA) -Tine CONTACTOR will comply with all
the requirements as imposed by the ADA, the regulations of itlne 'Federal government issued
thereunder, and the assurance by the CONTRACTOR purs(rant thereto,
7,11 Dis.advanta ed BirrSineSS Enterprise(DBE) Policy and Obligation - It is the policy of the
COUiVTY that DBEs. as defined in 49 C.F.R. Fart ?6. as amended. shall havc the opportunity to
Participate in the; performance of contracts Financed in whole or in part with COUNTY funds under
this Agreement. "Pile DBE requirements of applicable federal and state; laws and regulations apply to
this Aureernent. The COUNTY and its CONTRACTOR agree to enscsre that DBE-s have the
2 1 t4 `�` AND,-\R1)FORM OW:ail R XND CO T7t;\(TCDR(9 201 1) (X)SM-t 1
US n Bayside.Shaired Padi
OPPOOL1111ity to participate in the performance of this Agreement. In this regard, all recipients and
contractors shall take all necessary and reasonable steps in accordance with applicable I'Qdcral and
state laww s and regulafiOIIS 10 CIIS'Lffe that the D131."'s have the. opportunity to compete for sand perform
contracts. The COUNTY and the CONTRACT,OR and subcontractors shall not discriminate on the
basis of race,color, national origin or sex in the award and perforrivance of contracts, entered pursuant
to this Aurecment.
T12 The Conti-actor shall utilize the U.S. Department or Homeland Security's E-Verify
system to verify the employment eligibility of all new employees hired by the Contractor
during the term of the Contract and shall expressly require any subcontractors performing work
or providing set-vices pursuant to the Contract to likewise utilize the U.S. Department of
Homeland Security's E-Verify systern to verify the employment eligibility of all new
employees hired by the subcontractor during the Contract term.
ARTICLE 8
Termination or Suspension
8.1 The Contract may be teri-ninated by the Owner or the Contractor as provided in Ailicic 14
of the General Conditions.
K2 The Work. may be suspended by the Owner as provided in Article 14 ofthe General
Conditions.
Article 9
Enumeration of Contract Documents
9J The Contract DOCLIments, except for iviodifications issued after execution of this
Agreement, are enumerated as follows: See Article 1
9.1.1 The Aureernent is this eXeCLIted Standard Form of Agreement between Owner and
Contractor.
9.1,2 The General Conditions are the General Conditions of the Contract for Construction,
9.1.3) The Supplementary and other Conditions of the Contract are those contained in the
Project Manual dated April, 2014 and are as follows:
As listed in Table of Contents, Section 00001 of the Project 'Manual for this project.
9.1.4 The Specifications are those contained In the Project NilanUal dated as in Subparagraph
9.1.3, and are as follows-
As listed in Table of Contents, Section 00001 of the Project 'N/lanual for this project.
9.1.5 The Drawings are as follows, and are dated on each individual drawitw unless a different
date is shown below:
23/14 `ti FANDARD FORNI OF AGREEN1ENq'EBF1v1TN Ow' 'FRA1NDCON1TRAc-rOR(9_201 1) 00-W)-12
US ! Bayside Shared Use Path
Sheets l through 182(Metric Engineering, Inc. Signed and Sealed 4115/2014).
Sheets CTL-1 through CTL-6(Manuel G.Vera&Associates, Inc. Signed and Sealed
4/16/2014).
Sheets S-2 through S-65 Signing and Pavement Marking Plans(Metric Engineering, Inc.
Signed and Sealed 4/1512014).
9.1.6 The Addenda, if any,are as follows: addendum 1 to bid documents issued June 6,2014.
Portions of Addenda relating to bidding requirements are not part of the Contract Documents
unless the bidding requirements are also enumerated in this Article 9.
9.1.7 Other documents, if any, forming part of the contract Documents are as follows:
Monroe County Bid Form in Section 00110.
See Article 1,
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date
first written above in four(4)counterparts, each of which shall,without proof or accounting for
the other counterparts,be deemed an original contract.
(SEAL) BOARD OF COUNTY CONMSSIONERS
Attest: AMY HEAVILIN,Clerk OF MONROE COUNTY,FLORIDA
By: By
Deputy Clerk Mayor
Date
(SEAL) ", Construct p Co
Attest:
By: By:
Title: t ` Title-,
END OF SECTION 00500
MONROE COUNTY ATTORNEY
JAPPROV'DAS 7'0 FORM1,
w
CHRISTINE M, L.iMSER .BARROWS
�. .
ASSISTANT COUNTY ATTORNEY
Date
29/14 STANDARD FORMOFAGREEMEI TBEIWEENOWNMANDC0NI?,ACTOR(9_j0N t) fXY50413