Item C06 } C.6
`,
County of Monroe
�y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers,District 3
�1 `ll Mayor Pro Tem Michelle Coldiron,District 2
The Florida.Keys` )-.�ff` Craig Cates,District 1
David Rice,District 4
w � Sylvia J.Murphy,District 5
County Commission Meeting
September 16, 2020
Agenda Item Number: C.6
Agenda Item Summary #7264
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Breanne Erickson (305) 292-4427
n/a
AGENDA ITEM WORDING: Approval to award bid and execute an Agreement with D. L. Porter
Constructors, Inc. in the amount of $175,492.00 for the Demolition and Asbestos, Lead, and Mold
Abatement project at the Historic Monroe County Jail in Jackson Square. The project is funded by
grants from the TDC and Division of Historical Resources.
ITEM BACKGROUND: The County is in the process of converting the old Historic Monroe
County Jail located in Jackson Square into a public museum. Monroe County has received a $1.2
million TDC grant and a State of Florida, Division of Historical Resources (DHR) grant in the
amount of$247,275.00 for this project.
Project Management issued an RFP for multiple repairs, which included demolition and air quality
abatement of the building. Three (3) bids for the repairs were received in December 2019, and came
in higher than expected. Due to the fact that this project is entirely grant funded, Project
Management reduced the scope of work in order to reduce costs and was given BOCC approval to
re-advertise the project in multiple phases to hopefully reduce costs and increase contractor
responses.
A Request for Proposals for only the Demolition and Asbestos, Lead, and Mold Abatement was
issued and two (2) bids were received on August 25, 2020. Project Management wishes to contract
with the lowest responsive, responsible bidder, D. L. Porter Constructors, Inc. This request is for
approval to award the bid and approve the Agreement with D. L. Porter in the amount of
$175,492.00.
PREVIOUS RELEVANT BOCC ACTION:
4/19/18 BOCC approved submission of a grant with DHR.
6/14/19 BOCC approved a Task Order with Bender & Associates Architects to create Phase I
construction documents.
8/21/19 BOCC approved a Resolution affirming its support of developing the Historic Jail into a
museum.
10/16/19 BOCC approved an Amendment to the Task Order with Bender& Associates to add an
Packet Pg.297
C.6
environmental assessment.
1/22/20 BOCC approved a grant with DHR in the amount of$247,275.00.
4/15/20 BOCC gave approval to reject all bids and re-advertise the project in a phased approach.
7/15/20 BOCC approved contract with Sea Tech for the Roof Replacement phase of the project.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Agreement DL Porter—contractor signed & legal stamped
Bid Tabulation Sheet_8.25.20
DL Porter Proposal 8-25-20
FINANCIAL IMPACT:
Effective Date: 9/16/20
Expiration Date: 90 days after NTP issued to achieve Substantial Completion
Total Dollar Value of Contract: $175,492.00
Total Cost to County: $0
Current Year Portion: $0
Budgeted: Yes
Source of Funds: 117-77040-530340-TM97362Y-530340
CPI: n/a
Indirect Costs: n/a
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: no If yes, amount:
Grant: Yes —TDC & DHR
County Match: Using TDC funds as County match for DHR grant
Insurance Required: Yes
Additional Details:
117-77040-530340-TM97362Y-530340
09/16/20 117-77040 - TDC BRICKS & MORTAR 117 $175,492.00
TM97362Y
REVIEWED BY:
Cary Knight Completed 08/31/2020 4:06 PM
Patricia Eables Completed 08/31/2020 5:23 PM
Purchasing Completed 08/31/2020 5:50 PM
Packet Pg.298
C.6
Budget and Finance Completed 09/01/2020 1:40 PM
Maria Slavik Completed 09/01/2020 2:05 PM
Liz Yongue Completed 09/01/2020 2:18 PM
Board of County Commissioners Pending 09/16/2020 9:00 AM
Packet Pg.299
C.6.a
Agreement
CD
Between Owner and Contractor
Where the basis of payment is a STIPULATED SUM
0
0
AGREEMENT
2
Made as of the 1611 day of September 2020
0
BETWEEN the Owner: Monroe County Board of County Commissioners
500 Whitehead Street o
CL
Key West, Florida 33040
And the Contractor: D. L. Porter Constructors, Inc.
6574 Palmer Park Circle
Sarasota, Florida 34238
For the following Project: MONROE COUNTY HISTORIC JAIL DEMOLITION AND
ASBESTOS, LEAD, AND MOLD ABATEMENT
Scope of the Work 06
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 N
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. 0i
Monroe County Historic Jail Demolition and Asbestos, Lead, and Mold Abatement
0
The Scope of Work for this project includes selective demolition along with the removal,
mitigation, and abatement of all asbestos, lead based paint, and mold in the Monroe
County Historic Jail at Jackson Square. The work of this project involves a significant
historic site and care is to be taken during demolition. °3
2
Contractor is advised of the presence of lead contaminated coatings on interior painted
surfaces at this facility. The intention of this project is to remove the loose peeling paint on
painted interior surfaces, and then encapsulate the exposed painted surfaces with a lead
barrier coating. Paint chips generated from removing the loose peeling paint shall be
contained and properly disposed of accordingly. Contractor shall comply with the OSHA
Lead in Construction Standard,when impacting painted surfaces as well as the LCC Work
Page 1 of 18
Packet;Pg. 300
C 6.a
Practices Specification contained in this solicitation. Contractor is advised of the presence
of asbestos containing materials used on the existing roof. While asbestos containing
material is not expected to be impacted, the Contractor shall take all precautions to protect
personnel from exposure to asbestos containing materials during this project.
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. No historic materials shall be removed from the site without
prior approval of architect.
Acquire all necessary permits. Include as a part of the contractor bid the cost responsibility
for any and all permit fees.
2
Contractor shall supply all of the needed materials and hardware to complete the project E
and properly dispose of debris.
0
CL
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda
issued prior to execution of this Agreement, together with the response to RFP and all required
insurance documentation, and Modifications issued after execution of this Agreement. The
Contract represents the entire and integrated agreement between the parties hereto and
supersedes prior negotiations, representations or agreements, either written or oral. An y
enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the
event of a discrepancy between the documents, precedence shall be determined by the order of
the documents as just listed. 06
ARTICLE 2
The Work of this Contract N
The Contractor shall execute the entire Work described in the Contract Documents, except to the
extent specifically indicated in the Contract Documents to be the responsibility of others, or as
follows: N/A
ARTICLE 3
Date of Commencement and Substantial Completion CL
3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the i
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 a
the milestone schedule.
Page 2of18
Packet;Pg. 30'1
C 6.a
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 0)
Management's signature of approval on the Certificate of Substantial Completion. The
liquidated damages table below shall be utilized to determine the amount of liquidated
damages.
FIRST SECOND 31ST DAY&
CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER
Under$50,000.00 $50.00/Day $100.00/Day $250.00/Day
$50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day —
$100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day
$500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day
The Contractor's recovery of damages and sole remedy for any delay caused by the Owner
shall be an extension of time on the Contract.
Uncontrollable Circumstance. Any delay or failure of either Party to perform its obligations
under this Agreement will be excused to the extent that the delay or failure was caused directly CL
by an event beyond such Party's control, without such Party's fault or negligence and that by its
nature could not have been foreseen by such Party or, if it could have been foreseen, was
unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or
other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities
(whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic
area of the Project; (d)government order or law in the geographic area of the Project; (e) actions,
embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any
governmental authority prohibiting work in the geographic area of the Project; (each, a
"Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in cost or
availability of materials, components, or services, market conditions, or supplier actions or
contract disputes will not excuse performance by Contractor under this Section. Contractor shall
give County written notice within seven (7) days of any event or circumstance that is reasonably
06
likely to result in an Uncontrollable Circumstance, and the anticipated duration of such
Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable
Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and N
resume full performance under this Agreement. The County will not pay additional cost as a result
of an Uncontrollable Circumstance. The Contractor may only seek additional time at no cost to
the County as the Owner's Representative may determine. The Contractor may only seek a no
cost Change Order for such reasonable time as the Owner's Representative may determine. 0
ARTICLE 4
Contract Sum
CL
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of i
the Contract the Contract Sum of One Hundred Seventy-Five Thousand Four Hundred
Ninety-Two and 00/100 Dollars ($175,492.00), subject to additions and deductions as
provided in the Contract Documents. a
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: N/A
ARTICLE 5
Progress Payments
Page 3 of 18
Packet;Pg. 302
C.6.a
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 W
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,
0
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, upon receipt of a proper invoice from the Contractor,
in accordance with the Florida Local Government Prompt Payment Act, Section 218.735, 2
Florida Statutes and Monroe County Code. The Contractor is to submit to the Owner
invoices with supporting documentation that are acceptable to the Monroe County Office
of Clerk and Comptroller (Clerk). Acceptability to the Clerk is based upon generally
accepted accounting principles and such laws, rules and regulations as may govern the
disbursal of funds by the Clerk. The Owner is exempt from sales and use taxes. A copy of
the tax exemption certificate will be provided by the Owner upon request.
CL
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by
the Contractor in accordance with the Contract Documents. The Schedule of Values shall
allocate the entire Contract Sum among the various portions of the Work and be prepared
in such form and supported by such data to substantiate its accuracy as the Director of
Project Management may require. This schedule, unless objected to by the Director of
Project Management, shall be used as a basis for reviewing the Contractor's Applications
for Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each portion of y
the Work as of the end of the period covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents, the amount of each progress
payment shall be computed as follows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined
by multiplying the percentage completion of each portion of the Work by the share of the
total Contract Sum allocated to that portion of the Work in the Schedule of Values, less
retainage of ten percent 10%. Pending final determination of cost to the Owner of changes
in the Work, amounts not in dispute may be included in Applications for Payment. The
amount of credit to be allowed by the Contractor to the Owner for a deletion or change
which results in a net decrease in the Contract Sum shall be the net cost to the Owner, o
less Overhead, Profit and Documented Costs incurred prior to the change Request, as CL
indicated in the corresponding line item in the Approved Schedule of Values for that line i
item as confirmed by the Director of Project Management.When both additions and credits
covering related Work or substitutions are involved in a change, the allowance for
overhead and profit shall be figured on the basis of net increase, if any, with respect to
that change.
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment a
delivered and suitably stored at the site for subsequent incorporation in the completed
construction (or, if approved in advance by the Owner, suitably stored off the site at a
location agreed upon in writing), less retainage;
Page 4 of 18
Packet iPg. 303
C.6.a
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or
nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions,
5.7 Retainage of ten percent(10%)will be withheld in accordance with Section 218.735 (8)(b),
Florida Statutes.
0
0
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 2
reduced incrementally at the discretion of and upon the approval of the Director of Project
Management.
E
ARTICLE 6
Final Payment
0
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 and
the work has been accepted by the Owner except for the Contractor's responsibility to correct
nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy
other requirements, if any, which necessarily survive final payment, and (2) a final approval for
payment has been issued by the Director of Project Management. Such final payment shall be
made by the Owner not more than twenty (20) days after the issuance of the final approval for
payment. The following documents (samples in section 01027, Application for Payment) are
required for Final Payment:
(1) Application and Certificate for Payment
(2) Continuation Sheet
(3) Certificate of Substantial Completion 06
(4) Contractor's Affidavit of Debts and Claims
(5) Contractor's Affidavit of Release of Liens
(6) Final Release of Lien
(7) Contractor shall provide two (2) hard copies in tabulated divided binders and o
one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) 2
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. i
C. Warranties, bond and guarantees. E
2
D. Keys and keying schedule.
E. Spare parts and maintenance materials.
F. Electronic copies of approved submittals.
G. Evidence of payment and final release of liens and consent of surety to final
Page 5 of 18
Packet iPg. 304
C.6.a
release (includes final release from all utilities and utility companies).
ARTICLE 7
Miscellaneous Provisions
7.1 Where reference is made in this Agreement to a provision of the General Conditions or
another Contract Document, the reference refers to that provision as amended or
supplemented by other provisions of the Contract Documents.
7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act
and Monroe County Code.
2
0
7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities, of
the General Conditions. E
0
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. o
CL
7.5 A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid, proposal, or reply on a contract to
provide any goods or services to a public entity, may not submit a bid, proposal, or reply
on a contract with a public entity for the construction or repair of a public building or public
work, may not submit bids, proposals, or replies on leases of real property to public entity,
may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO for a period of thirty-six (36) months following the date of being placed y
on the convicted vendor list.
7.6 The following items are included in this contract:
a) Maintenance of Records. Contractor shall maintain all books, records, and documents
directly pertinent to performance under this Agreement in accordance with generally
accepted accounting principles consistently applied. Records shall be retained for a
period of ten (10) years from the termination of this Agreement or five (5) years from
the submission of the final expenditure report as per 2 CFR §200.33, if applicable,
whichever is greater. Each party to this Agreement or their authorized representatives
shall have reasonable and timely access to such records of each other party to this
Agreement for public records purposes during the term of the Agreement and for four o
(4) years following the termination of this Agreement. If an auditor employed by the CL
County or Clerk determines that monies paid to Contractor pursuant to this Agreement i
were spent for purposes not authorized by this Agreement, or were wrongfully retained
by the Contractor, 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 by the Owner.
Right to Audit.
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
Page 6 of 18
Packet iPg. 305
C.6.a
proposals of successful and 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 by the Monroe County Office of the Clerk of Court
and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges
related to this 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 of Owner 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 E
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 o
CL
employees, Subcontractors, suppliers, and contractors' representatives. All records
shall be kept for ten (10)years after Final Completion of the Project. The County Clerk
possesses the independent authority to conduct an audit of records, assets, and
activities relating to this Project. 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, or were wrongfully retained by the
Contractor, 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. The Right to Audit provisions survive the termination or expiration of
this Agreement. y
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 06
applicable to contracts made and to be performed entirely in the State. In the event
that any cause of action or administrative proceeding is instituted for the enforcement
or interpretation of this Agreement, the County and Contractor agree that venue shall
lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida. The Parties waive their rights to trial by jury. The County and
Contractor agree that, in the event of conflicting interpretations of the terms or a term
of this Agreement by or between any of them the issue shall be submitted to mediation
prior to the institution of any other administrative or legal proceeding.
0
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 i
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected thereby;
and each remaining term, covenant, condition and provision of this Agreement shall
be valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement.
The County and Contractor agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
Page 7of18
Packet;Pg. 306
C.6.a
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.
0
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.
2
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 E
County and corporate action, as required by law. Each party agrees that it has had
ample opportunity to submit this Contract to legal counsel of its choice and enters into
this agreement freely, voluntarily and with advice of counsel.
CL
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. Any conditions imposed as a result of the funding that
effect the Project will be provided to each party.
0
U
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 y
seek such relief or remedy as may be provided by this Agreement or by Florida law.
This Agreement is not subject to arbitration. This provision does not negate or waive
the provisions of Paragraph j, Article 7.4 or Article 8 concerning termination or 06
cancellation.
i) Cooperation. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this
Agreement, County and Contractor agree to participate, to the extent required by the
other party, in all proceedings, hearings, processes, meetings, and other activities
related to the substance of this Agreement or provision of the services under this
Agreement. County and Contractor specifically agree that no party to this Agreement
shall be required to enter into any arbitration proceedings related to this Agreement.
CL
j) Nondiscrimination/Equal Employment Opportunity. The parties agree that there will be i
no discrimination against any person, and it is expressly understood that upon a
determination by a court of competent jurisdiction that discrimination has occurred,
this Agreement automatically terminates without any further action on the part of any a
party, effective the date of the court order. The parties agree to comply with all Federal
and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights o
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
Page 8 of 18
Packet iPg. 307 i
C.6.a
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4)
The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment
Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of
drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, §§ 523 and 527 (42 USC§§ 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the
Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC§ 12101 Note), as may be amended from time to time,
relating to nondiscrimination in employment on the basis of disability; 10) Monroe E
County Code Chapter 14, Article II, which prohibits discrimination on the basis of race,
color, sex, religion, national origin, ancestry, sexual orientation, gender identity or
expression, familial status or age; and 11) Any other nondiscrimination provisions in
CL
any federal or state statutes which may apply to the parties to, or the subject matter
of, this Agreement.
k) Covenant of No Interest. County and Contractor covenant that neither presently has
any interest, and shall not acquire any interest, which would conflict in any manner or
degree with its performance under this Agreement, and that only interest of each is to
perform and receive benefits as recited in this Agreement.
1) Code of Ethics. County agrees that officers and employees of the County recognize
and will be required to comply with the standards of conduct for public officers and y
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 06
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 of
other consideration contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of the provision, the Contractor agrees that
the County shall have the right to terminate this Agreement without liability and, at its CL
discretion, to offset from monies owed, or otherwise recover, the full amount of such i
fee, commission, percentage, gift, or consideration.
n) Ethics Cause/Employment or Retention of Former County Officers or Employees. a
Contractor warrants that it has not employed, retained or otherwise had act on its
behalf any former County officer or employee subject to the prohibition of Section 2 of
Monroe County Ordinance No. 010-1990 or any County officer or employee in violation o
of Section 3 of Monroe County Ordinance No. 020-1990. For breach or violation of
this provision the County may, in its discretion, terminate this contract without liability
and may also, in its discretion, deduct from the contract or purchase price, or otherwise
Page 9 of 18
Packet;Pg. 308
i
recover the full amount of any fee, commission, percentage, gift, or consideration paid
to the former County officer or employee.
o) Public Records Compliance. Contractor must comply with Florida public records
laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article
I of the Constitution of Florida. The County and Contractor shall allow and permit
reasonable access to, and inspection of, all documents, records, papers, letters or
other "public record" materials in its possession or under its control subject to the
c
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 2
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 E
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. c
CL
The Contractor is encouraged to consult with its advisors about Florida Public Records
Law in order to comply with this provision.
Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract, the
Contractor is required to:
(1) Keep and maintain public records that would be required by the County to
perform the service.
(2) Upon receipt from the County's custodian of records, provide the County with
a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in 06
this chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law for the duration of the contract term and following
completion of the contract if the contractor does not transfer the records to
the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records CL
that would be required by the County to perform the service. If the Contractor i
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 a
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.
Page 10 of 18
Packet iPg. 309
C.6.a
(5) A request to inspect or copy public records relating to a County contract must
be made directly to the County, but if the County does not possess the W
requested records, the County shall immediately notify the Contractor of the
request, and the Contractor must provide the records to the County or allow
the records to be inspected or copied within a reasonable time.
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.
E
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.
CL
IF THE CONTRACTOR HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS �;
CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470,
BRADLEY-BRIAN@MONROECOUNTY-FL.GOV, y
MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH
STREET, SUITE 408, KEY WEST, FL 33040.
06
p) 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 N
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.
q) Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, CL
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 i
performing their respective functions under this Agreement within the territorial limits a
of the County shall apply to the same degree and extent to the performance of such E
functions and duties of such officers, agents, volunteers, or employees outside the 2
territorial limits of the County.
r) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory °3
Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law
except to the extent of actual and timely performance thereof by any participating
Page 11 of 18
Packet;Pg. 310
C.6.a
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 0)
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.
s) 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.
0
t) Attestations. Contractor agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement,
and a Drug-Free Workplace Statement. CL
u) 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.
v) 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 y
together shall constitute one and the same instrument and any of the parties hereto
may execute this Agreement by signing any such counterpart.
06
w) Hold Harmless, Indemnification, and Defense. 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 2
proceedings relating to any type of injury (including death), loss, damage,fine, penalty
or business interruption, and (iii) any costs or expenses that may be asserted against,
initiated with respect to, or sustained by, any indemnified party by reason of, or in
connection with, (A) any activity of Contractor or any of its employees, agents,
contractors or other invitees during the term of this Agreement, (B) the negligence or 0.
recklessness, intentional wrongful misconduct, errors or other wrongful act or omission i
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 °3
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 Fla. Stat., Sec. 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
Page 12 of 18
Packet;Pg. 311
C.6.a
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 such delay. Should any claims be asserted against
the County by virtue of any deficiency or ambiguity in the plans and specifications
provided by the Contractor, the Contractor agrees and warrants that the Contractor
shall hold the County harmless and shall indemnify it from all losses occurring thereby
and shall further defend any claim or action on the County's behalf.
.2
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the
indemnification provided for the above. E
0
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this Agreement.
CL
DIVISION Indemnification
To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless
the State of Florida, Department of State, Division of Historical Resources, and its
officers and employees, from liabilities, damages, losses and costs, including, but not
limited to, reasonable attorney's fees, to the extent caused by the negligence,
recklessness or intentional wrongful misconduct of the Contractor and persons
employed or utilized by the Contractor in the performance of this Contract.
x) Section Headings. Section headings have been inserted in this Agreement as a matter y
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. 06
y) 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 2
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 0i
the Agreement. In this regard, all recipients and contractors shall take all necessary
and reasonable steps in accordance with applicable federal and state laws and
regulations to ensure that DBE's have the opportunity to compete and perform CL
contracts. The County and Contractor and subcontractors shall not discriminate on the i
basis of race, color, national origin or sex in award and performance of contracts,
entered pursuant to this Agreement.
2
z) 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.
Page 13 of 18
Packet iPg. 312
C.6.a
aa)Independent Contractor. At all times and for all purposes under this Agreement,
Contractor is an independent contractor and not an employee of the Board of County
Commissioners of Monroe County or the Division of Historical Resources of the State
of Florida. No statement contained in this Agreement shall be construed so as to find
Contractor or any of its employees, subcontractors, servants, or agents to be
employees of the Board of County Commissioners of Monroe County or the Division
0
of Historical Resources of the State of Florida.
bb)The Contractor shall utilize the U.S. Department of 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 services pursuant to the Contract to likewise utilize the
U. S. Department of Homeland Security's E-Verify system to verify the employment
eligibility of all new employees hired by the subcontractor during the Contract term. E
0
cc) E-Verify System. Beginning January 1, 2021, in accordance with F.S. 448.095, the
Contractor and any subcontractor shall register with and shall utilize the U.S.
Department of Homeland Security's E-Verify system to verify the work authorization CL
status of all new employees hired by the Contractor during the term of the Contract
and shall expressly require any subcontractors performing work or providing services
pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's
E-Verify system to verify the work authorization status of all new employees hired by
the subcontractor during the Contract term. Any subcontractor shall provide an
affidavit stating that the subcontractor does not employ, contract with, or subcontract
with an unauthorized alien. The Contractor shall comply with and be subject to the
provisions of F.S. 448.095.
dd)Entire Agreement. This writing embodies the entire agreement and understanding
between the parties hereto, and there are no other agreements and understandings,
oral or written, with reference to the subject matter hereof that are not merged herein 06
and superseded hereby. Any amendment to this Agreement shall be in writing,
approved by the Board of County Commissioners, and signed by both parties before
it becomes effective. N
ee)Florida Green Building Coalition Standards. Monroe County requires its buildings to 2
conform to Florida Green Building Coalition standards.
Special Conditions, if any are detailed in Section 00100 of the Project Manual for this
Project.
CL
7.7 Any written notices or correspondence given pursuant to this contract shall be sent by i
United States Mail, certified, return receipt requested, postage prepaid, or by courier with
proof of delivery. The place of giving Notice shall remain the same as set forth herein until
changed in writing in the manner provided in this paragraph. Notice shall be sent to the
following persons:
For Contractor: D. L. Porter Constructors Inc. °3
6574 Palmer Park Circle
Sarasota, Florida 34238
Page 14 of 18
Packet iPg. 313
C.6.a
Attn: Gary A. Loer, President
For Owner: Director of Project Management Assistant County Administrator, PW & E
1100 Simonton St., Room 2-216 1100 Simonton St.
Key West, Florida 33040 Key West, Florida 33040
0
7.8 The Contractor is also bound by the terms and conditions of the State-Funded Agreement
between The State of Florida, Department of State, Division of Historical Resources and o
Monroe County Board of County Commissioners, Grant Number 20.h.sc.100.022 for the —
Project known as, "Monroe County Historic Jail".
ARTICLE 8 _
Termination or Suspension
0
8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General
Conditions.
CL
8.2 In the event that the Contractor shall be found to be negligent in any aspect of service, the
County shall have the right to terminate this Agreement after five (5)calendar days' written
notification to the Contractor.
8.3 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.
8.4 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' written notice and provide the Contractor with an opportunity to cure the breach
that has occurred. If the breach 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 due the Contractor under this Agreement prior to termination, unless the cost of o
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 breach of contract and including C 0L
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.
8.5 Termination for Convenience: The County may terminate this Agreement for E
convenience, at any time, upon thirty (30) days'written notice to Contractor. If the County 2
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.
Page 15 of 18
Packet iPg. 314
C.6.a
8.6 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
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.
8.7 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 2
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 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
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.
ARTICLE 9
Enumeration of Contract Documents
ca
9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows:
a) Drawings: A0.0, A0.1, A1.0, D1.1, D1.2, A1.1, A1.2, A2.1, A2.2, A3.1, A8.1, and
A8.2 dated March 20, 2020.
06
b) Project Manual: Specifications for Monroe County Historic Jail — Demolition and
Asbestos, Lead, and Mold Abatement dated March 2020.
9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and
Contractor.
0
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 o
Specifications and Drawings Dated March 2020.
i
9.1.4 The Addenda, if any, are as follows:
Number Date # of Pages
1 August 18, 2020 6
This Agreement is entered into as of the day and year first written above and is executed in at
least one (1) original copy.
Page 16 of 18
Packet iPg. 315
E C 6.a
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. E
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA
0
e
By: By: e
As Deputy Clerk Mayor/Chairman
Date
(SEAL)
e
CONTRACTOR'S Witnesses Attest: CONTRACTOR: D. L. PORT
CONSTRUCTORS NC.,
A Florida Profit C oration
0
Contractor must provide two witnesses CL
signatures Signature:
Signature: _ _ ,�� v. ------Print
-- Print Name: a y A. Loe
Print Name: Coleen Castagna Title: President 0
Date: August 31, 2020 Date: August 31, 2020
and
Signature. ' �} MONROE COUNTY ATfORNEY'SUFFiCE
— -elp
v�o}�s�o oRM m
Print Name: Kim McGinnis �Ai�iiciAEuuEs
ASSISTAqPA�gpRNEY
Date: August 31, 2020 DATE: y
e
STATE OF h COUNTY OF
UI
On this, day of 20_, before me, the u dersigned notary public,
by means of [physical presence or ❑ online, personally appeared LA 6-- Lcry vves\6E
known to me to be the person whose name is subscribed above or who produced CL
as identification, and acknowledged that he/she is the person who executed the
above contract with Monroe County for the HISTORIC JAIL DEMOLITION AND ASBESTOS,
LEAD, AND MOLD ABATEMENT PROJECT for the purposes therein contained.
�� 2
Notary Publi E
KIM MCGINNIS
Print Name r '� NOTARY PUBLIC
STATE OF FLORIDA
M commission expires: NO.GG to S 2 E
y p (Se COMMISSION EXPIRES FE9.24,2023
Page 17 of 18
Packet;Pg. 316
C.6.a
GENERAL REQUIREMENTS
Where Project Management is Not a Constructor
0
Section 00750 General Conditions
Section 00970 Project Safety and Health Plan
Section 00980 Contractor Quality Control Plan
Section 0 10 15 Contractor's Use of the Premises
Section 01027 Application for Payment .2
Section 01030 Alternates
Section 01040 Project Coordination
Section 01045 Cutting and Patching
Section 01050 Field Engineering
Section 01200 Project Meetings
Section 01301 Submittals CL
Section 01310 Progress Schedules
Section 01370 Schedule of Values
Section 01385 Daily Construction Reports 2
Section 01395 Request for Information — (RFI)
Section 01410 Testing Laboratory Services �?
Section 01421 Reference Standards and Definitions
Section 01500 Temporary Facilities
Section 01520 Construction Aids
Section 01550 Access Roads and Parking Areas
Section 01560 Temporary Controls
Section 01590 Field Offices and Sheds
Section 01595 Construction Cleaning
Section 01600 Material and Equipment
Section 01630 Post-Proposal Substitutions
Section 01640 Product Handling
Section 01700 Contract Closeout
Section 01710 Final Cleaning
Section 01720 Project Record Documents
Section 01730 Operation and Maintenance Data
Section 01740 Warranties C 0L
i
Page 18 of 18
Packet;Pg. 317
(4u9wo4eqV ploW looU n r 31J 4 I JOI a :! /m 43 a4u® ) ` ` a y ogejnq p1 :4u9ua 3 44 o0
t0 Cl)
U �+
a
d
N rtC '
S a
}
4-
0
0
O o o
Q O N -� N
Q O 0) cn
W 0
J '-' M Ln
coN -0
O
N N
> }
W � o
� o
a Q -
O � �
W O cn -a
L W
LU
Q W
Z L
W Q —
GC2N O W zCL
I~LQV� O
oaZo � � m o o L }
ZW0 JZ � �n �n c
Ln Cy)
W N J pLu0 > 4-
w
U
o � �
Q U t° o ¢
a W z o
V u w E-
Q o
o
Z `= L LLU N -�
IL } O O m o > o
O
z o u v
0 c -0
Q z O O L s o
O U O 0 v DL. M--C
U a U -D 4- D L
W Ln w O c o a_
Q _U N o y
f0 t L N L
u_ O
C OL
—� CL } V
a 0
ui
J w } L 'Lm
F1 } o U LL
N
� O Q
O
m � H i m