Item C14 C.14'
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CountCounty ��Monroe. ,y, ? "tr, BOARD OF COUNTY COMMISSIONERS
y M T� \�1a� Mayor Michelle Coldiron,District 2
�1 1 nff `_ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
December 9, 2020
Agenda Item Number: C.14
Agenda Item Summary #7624
BULK ITEM: Yes DEPARTMENT: Engineering/Roads
TIME APPROXIMATE: STAFF CONTACT: Clark Briggs (305) 295-4306
N/A
AGENDA ITEM WORDING: Approval to award bid and approve a contract with American
Empire Builders Inc., the lowest responsive bidder, for the Bimini Drive Bridge (4904603)
Replacement Project in the amount of$3,190,000.
ITEM BACKGROUND: The Bimini Bridge (4904603) Replacement Project was advertised for
bids on October 14, 2020. Four bids were received on November 24, 2020 with American Empire
Builders Inc., being the lowest responsible bidder.
PREVIOUS RELEVANT BOCC ACTION: At the November 2020 BOCC Meeting a ratification
of Amendment 1 to the Task Order for Engineering Design and Permitting Services for the Bimini
Drive Bridge (4904603) Replacement Project was approved. The amendment adds the design of a
Temporary Acrow Bridge, temporary bridge foundations, and temporary roadway approaches.
CONTRACT/AGREEMENT CHANGES:
New contract
STAFF RECOMMENDATION: Approval to award bid and approve the contract.
DOCUMENTATION:
AEB Contract- signed
FINANCIAL IMPACT:
Effective Date: 12/9/2020
Expiration Date: 540 days after notice to proceed
Total Dollar Value of Contract: $3,190,000.00
Total Cost to County: $3,190,000.00
Current Year Portion: $3,190,000.00
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Budgeted: Yes
Source of Funds: 102-22560-560630
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: Yes
Additional Details: This project is eligible to be partially funded by District 2 Transportation
Impact Fees.
REVIEWED BY:
Judith Clarke Completed 11/20/2020 9:31 AM
Christine Limbert Completed 11/20/2020 1:58 PM
Purchasing Completed 11/20/2020 3:05 PM
Budget and Finance Completed 11/23/2020 12:03 PM
Maria Slavik Completed 11/23/2020 3:32 PM
Liz Yongue Completed 11/23/2020 4:06 PM
Board of County Commissioners Pending 12/09/2020 9:00 AM
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Standard Form of .Agreement
Between Owner and Contractor
Where the basis ofpayment is a STIPULATED SUM
AGREEMENT
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Made as of the 9th day of December in the year of Two Thousand and Twenty.
BETWEEN the Owner: Monroe County Board of County Commissioners ("BOCC")
1100 Simonton Street
Key West,Florida 33040 ("Owner")
And the Contractor;
American Empire Builders, Inc.
13775 SW 145th CT,, S. B
Miami, Florida, 33136
("Contractor")
For the following Project:
Bimini Drive Bridge(#904603) Replacement Project
Duck Key
Monroe County,Florida ("Project")
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Oversight for Owner;
WSP USA INC. a
7650 Corporate Center Drive, Suite 300
Miami, Florida 33126
Engineer: Kisinger Campo &Associates
201 North Franklin Street
Suite 400 0
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Tampa, Florida 33602 ca
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The Owner and Contractor agree as set forth below. _
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ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, Insurance Requirements and o
Documents, Milestone Schedule, Bid Documents and Contractor's Bid, Addenda issued prior to
execution of this Agreement, other documents listed in this Agreement and Modifications issued
after execution of this Agreement. These 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 2
integrated agreement between the parties hereto and supersedes prior negotiations,representations °3
or agreements, either written or oral.
Notice Requirement
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All written correspondence to the COUNTY shall be dated and signed by an authorized
representative of the CONSULTANT. Any notice required or permitted under this agreement 0
shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified
mail, return receipt requested, to the following:
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Ms. Judith Clarice,P.E.
Director of Engineering Services
Monroe County
1100 Simonton Street, Room 2-216
Key West, Florida 33040
For the Contractor: o
Antonio Gonzalez
13775 SW 145th CT.,STE B
Miami,FL., 33186
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ARTICLE 2
The Work of this Contract
The Contractor shall execute the entire Work described in the Contract Documents, except to the
extent specifically indicated in the Contract Documents to be the responsibility of others, or as N
follows:
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Scope of Work.is as specified in the Contract Documents and shown on the Drawings and in the
specifications. The contract constitutes the entire and exclusive agreement between the Owner and U
the Contractor with reference to the Bimini Drive Bridge 0904603) Replacement Praiectca
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ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date froin which the Contract Time of Paragraph 3,2 is
measured, and shall be the date of this Agreement, as first written above,unless a different date is
stated below or provision is made for the date to be fixed in a notice to proceed issued by the
Owner as stated in Section 00350, milestone schedule. Unless the date of commencement is
established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner, in
writing not less than five days before 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
540 days after the Date of Commencement, subject to adjustments of the Contract Time as
provided by the Contract Document.
LIQUIDATED DAMAGES 0
Liquidated damages will be based on the Substantial Completion Date for all work, modified by
all approved extension in time as set forth by the Owner's signature of approval on the Certificate
of Substantial Completion. The liquidated damages table below shall be utilized to determine the
amount of liquidated damages.
FIRST SECOND 31'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
$500,000,0 and Up 500.00/DAY 1,000.00/DAY 3,500.00/DAY
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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
3.3 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 by an event beyond such Party's N
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
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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 byca
Contractor under this Section. Contractor shall give County written notice within 7 days of any
event or circumstance that is reasonably 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 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 a no cost Change Order for such reasonable time as the Owners Representative may
determine. �+
ARTICLE 4
Contract Sum
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of U
the Contract, for the Bimini Drive Bridge (#904603)Replacement Pr oi ect,the
Contract Sum of Three Million One Hundred Ninety Thousand and Zero Cents, 0
($3,190,000.00), subject to additions and deductions as provided in the Contract
Documents. >
4.2 The Contract Sum is based upon the following alternates, if any, which are described in
the Contract Documents and are hereby accepted by the Owner: None
4.3 Unit prices, if any, are as follows; As specified in Section 00110.
ARTICLE 5
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Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Owner, and upon
Project Applications and Certificates for Payment, the Owner shall make progress payments on
account of the Contract Sum to the contractor as provided below and elsewhere in the Contract cV
Documents. e
5.2 The period covered by each Application for payment shall be one calendar month ending
on the last day of the month.
5.3 County shall pay pursuant to the Local Government Prompt Payment Act 218.70 Florida .N
Statutes.
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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 ca
supported by such data to substantiate its accuracy as the Owner may require. This schedule,
unless objected to by the Owner, shall be used as a basis for reviewing the Contractor's
Applications for Payment.
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5.5 Applications for Payment shall indicate the percentage of completion of each portion of
the Work as of the end of the period covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents,the amount of each progress payment
shall be computed as follows:
I 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined 0
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 y
Five percent (5%). Pending final determination of cost to the Owner of changes in the Work,
amounts not in dispute may be included in applications for Payment. The amount of credit to be
allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in
the Contract Sum shall be actual net cost as confirmed by the Owner. When both additions and
credits covering related 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 0
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 of Five percent(5%):
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 Paragraph 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-five percent (95%) of the Contract Sum, less such amounts as the Owner
recommends and determines for incomplete Work and unsettled claims; and
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5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of
the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the
General Conditions.
5.8 Reduction or limitation of retainage, if any, shall be as follows: None N
ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the
Owner to the Contractor when(1)the Contract has been fully performed by the Contractor except
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for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph ca
12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily
survive final payment: and (2) a Final Project Certificate for Payment has been issued by the
Project Manager: such final payment shall be made by the Owner not more than 20 days after the
issuance of the Final Project Certificate for Payment.
ARTICLE 7 N
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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. °3
7.2 Payments due and unpaid under the Contract shall bear interest pursuant to the Local
Government Prompt Payment Act 218.735.
7.3 Temporary facilities and services: 0
None, >
7.4 Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the Board of County Commissioners.
7.5 Public Entities Crimes By signing this Agreement, Contractor represents that the
execution of this Agreement will not violate the Public Entities Crime Act (Section
287.133, Florida Statutes). Violation of this section shall result in termination of this
Agreement and recovery of all monies paid hereto, and may result in debarment from
County's competitive procurement activities.
In addition to the foregoing, Contractor further represents that there has been no
determination, based on an audit, that it or any subcontractor has committed an act defined by
Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally
charged with committing an act defined as a "public entity crime" regardless of the amount of
money involved or whether Contractor has been placed on the convicted vendor list.
Contractor will promptly notify the County if it or any subcontractor is formally charged
with an act defined as a"public entity crime" or has been placed on the convicted vendor list. A
person or affiliate who has been placed on the convicted vendor list following a conviction for .N
public entity crime may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property to public entity,
may not be awarded or perform work as contractor, supplier, subcontractor, or consultant under a
contract with any public entity, and may not transact business with any public entity in excess of
the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
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7.6 The following items are part of 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. 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 years following the
termination of this Agreement. If an auditor employed by the County or Clerk
determines that monies paid to Contractor pursuant to this Agreement were spent
for purposes not authorized by this Agreement, the Contractor shall repay the
monies together with interest calculated pursuant to Sec. 55.03; FS, running from
the date the monies were paid to Contractor. °3
b) 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 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 to substantiate charges related to this agreement, and all other
agreements, sources of information and matters that may in Owner'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. Owner may also
conduct verifications such as, but not limited to, counting employees at the job
site, witnessing the distribution of payroll, verifying payroll computations,
overhead computations, observing vendor and supplier payments, miscellaneous <
allocations, special charges, verifying information and amounts through
interviews and written confirmations with employees, Subcontractors, suppliers,
and contractors'representatives. All records shall be kept for seven(7)years after v,
Final Completion.
c) 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 y
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 ca
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agree that venue shall lie in the appropriate court or before the appropriate
administrative body in Monroe County, Florida. This Agreement shall not be
subject to arbitration. m
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d) Severability: If any term., covenant, condition or provision of this Agreement (or
the application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining
terms,covenants,conditions and provisions of this Agreement,shall not be affected
thereby; and each remaining term, covenant, condition and provision of this
Agreement shall be valid and shall be enforceable to the fullest extent permitted by
law unless the enforcement of the remaining terms, covenants, conditions and
provisions of this Agreement would prevent the accomplishment of the original
intent of this Agreement. The County and Contractor agree to reform the y
Agreement to replace any stricken provision with a valid provision that comes as
close as possible to the intent of the stricken provision.
e) 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 0
in appellate proceedings. Mediation proceedings initiated and conducted pursuant
to this Agreement shall be in accordance with the Florida Rules of Civil Procedure
and usual and customary procedures required by the circuit court of Monroe
County.
f) 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.
g) Authority: Each party represents and warrants to the other that the execution,
delivery and performance of this Agreement have been duly authorized by all
necessary County and corporate action, as required by law.
h) 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 funding that
effect the Project will be provided to each party.
i) Nondiscrimination: County and Contractor agree that there will be no
discrimination against any person, and it is expressly understood that upon a
determination by a court of competent jurisdiction that discrimination has occurred, N
this Agreement automatically terminates without any further action on the part of
any party, effective the date of the court order. County or Contractor agree to
comply with all Federal and Florida statutes,and all local ordinances,as applicable,
relating to nondiscrimination. These include but are not limited to: 1) Title VII of
the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the
basis of race, color or national origin; 2) Title IX of the Education Amendment of
1972, as amended (20 USC ss.1681-1683, and 1685-1686), which prohibits
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discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, _
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as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4)The Age Discrimination Act of 1975, as amended(42 USC ss. 6101-
6107)which prohibits discrimination on the basis of age;5)The Drug Abuse Office
and Treatment Act of 1972(PL 92-255), as amended,relating to nondiscrimination
on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The 0
Public Health Service Act of 1912,ss. 523 and 527(42 USC ss.690dd-3 and 290ee-
3),as amended,relating to confidentiality of alcohol and drug abuse patient records; y
8)Title V1I1 of the Civil Rights Act of 1968 (42 USC s. 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 s. 12101 Note), as maybe °3
amended from time to time,relating to nondiscrimination on the basis of disability;
10) Monroe 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; 11) Any other
nondiscrimination provisions in any Federal or state statutes which may apply to 0
the parties to, or the subject matter of, this Agreement.
j) 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.
k) Code of Ethics: County agrees that officers and employees of the County
recognize and will be required to comply with the standards of conduct for public
officers and employees as delineated in Section 112.313, Florida Statutes,
regarding,but not limited to,solicitation or acceptance of gifts;doing business with
one's agency; unauthorized compensation; misuse of public position, conflicting
employment or contractual relationship; and disclosure or use of certain
information. Contractor warrants that he/it had not employed,retained or otherwise
had act on his/its behalf any former County officer or employee subject to the N
prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or
employee in violation of Section 3 of 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 recover the full amount of any fee,commission,percentage,gift,
or consideration paid to the former County officer or employee. N
1) No Solicitation/Payinent: The County and Contractor warrant that, in respect to
itself, it has neither employed nor retained any company or person, other than a
bona fide employee working solely for it, to solicit or secure this Agreement and
that it has not paid or agreed to pay any person, company, corporation, individual,
or firm,other than a bona fide employee working solely for it,any fee,commission,
percentage, gift,or other consideration contingent upon or resulting from the award
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or making of this Agreement. For the breach or violation of the provision, the _
Contractor agrees that the County shall have the right to terminate this Agreement
without liability and, at its discretion, to offset from monies owed, or otherwise
recover,the full amount of such fee,commission,percentage,gift,or consideration.
3 m) 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 0
shall allow and permit reasonable access to, and inspection of, all documents,
records,papers, letters or other"public record"materials in its possession or y
under its control subject to the provisions of Chapter 119,Florida Statutes, and
made or received by the County and Contractor in conjunction with this contract
and related to contract performance. The County shall have the right to °3
unilaterally cancel this contract upon violation of this provision by the Contractor.
Failure of the Contractor to abide by the terms of this provision shall be deemed a
material breach of this contract and the County may enforce the terms of this
provision in the form of a court proceeding and shall, as a prevailing party,be
entitled to reimbursement of all attorney's fees and costs associated with that 0
proceeding. This provision shall survive any termination or expiration of the
contract. >
The Contractor is encouraged to consult with its advisors about Florida Public Records Law in
order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is
required to:
(1) Keep and maintain public records that would be required by the County to perform the
service.
(2) Upon receipt from the County's custodian of records,provide the County with a copy of
the requested records or allow the records to be inspected or copied within a reasonable time at a
cost that does not exceed the cost provided in this chapter or as otherwise provided by law.
(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 that would be required by the
County to perform the service. If the Contractor transfers all public records to the County upon
completion of the contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the Contractor .N
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.
(5) A request to inspect or copy public records relating to a County contract must be made
directly to the County, but if the County does not possess the requested records, the County shall
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immediately notify the Contractor of the request, and the Contractor]must provide the records to ca
the County or allow the records to be inspected or copied within a reasonable time.
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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
Co>nty'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 0
sectionl 19.10,Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any
public records unless or otherwise provided in this provision or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119 FLORIDA STATUTES TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-
BRIAN( ,MONROECOUNTY-FL.GOV, MONROE COUNTY
ATTORNEY'S OFFICE 1111 12Tu Street, SUITE 408, I'EY WEST, FL 33040.
n) Non-Waiver of Immunity: Notwithstanding the provisions of Sec. 768,28,
Florida Statutes, the participation of the County and the Contractor in this Agreement and the
acquisition of any commercial liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of immunity to the
extent of liability coverage,nor shall any contract entered into by the County be required to contain e
any provision for waiver.
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o) Privileges and Immunities: All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules, pensions and relief, disability, workers' `✓
compensation, and other benefits which apply to the activity of officers, agents, or employees of
any public agents or employees of the County, when performing their respective functions under
this Agreement within the territorial limits of the County shall apply to the same degree and extent
to the performance of such functions and duties of such officers, agents, volunteers, or employees
outside the territorial limits of the County.
p) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or
Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except to
the extent of actual and timely performance thereof by any participating entity, in which case the
performance may be offered in satisfaction of the obligation or responsibility, Further, this
Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the County, except to the extent permitted by the Florida
constitution, state statute, and case law.
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q) 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 0
purposes contemplated in this Agreement.
r) Attestations: Contractor agrees to execute such documents as the County may
reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-
Free Workplace Statement. °3
s) 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 0
accountability by reason of the execution of this Agreement,
t) Execution in Counterparts: This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken together shall
constitute one and the same instrument and any of the parties hereto may execute this Agreement
by signing any such counterpart.
u) Section Headings: Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it is agreed that such section headings are not a part
of this Agreement and will not be used in the interpretation of any provision of this Agreement.
v) Special Conditions, if any are detailed in Section 01000 of the Project Manual
for this Project.
w) Hold Harmless and Indemnification: Notwithstanding any minimum insurance cV
requirements prescribed elsewhere in this agreement, the Contractor covenants and agrees that he
shall defend,indemnify and hold the COUNTY and the COUNTY's elected and appointed officers
and employees, and FLORIDA DEPARTMENT OF TRANSPORTATION harmless from. and �
against(i) claims, actions or causes of action, (ii) litigation, administrative proceedings, appellate
proceedings, or other proceedings relating to any type of injury (including death), loss, damage,
fine, penalty or business interruption, and (iii) costs or expenses that may be asserted against, N
initiated with respect to, or sustained by the County and the COUNTY's elected and appointed
officers and employees from liabilities damages, losses and costs, including but not limited to,
reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional
wrongful misconduct of the Contractor and persons employed or utilized by the indemnifying party
in the performance of the construction contract. The monetary limitation of liability under this
contract shall be not less than $1 miIlion 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
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circumstances that occur during the term of this Agreement,this section will survive the expiration ca
of the term of this Agreement or any earlier termination of this Agreement.
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In the event the completion of the project (including the work of others) is delayed or suspended
as a result of the Contractor's failure to purchase or maintain the required insurance,the Contractor
shall indemnify the County from any and all increased expenses resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within General Insurance Requirements Section 900. In the event any claims
are brought or actions are filed against the County with respect to the indemnity contained herein, °3
the Contractor agrees to defend against any such claims or actions regardless of whether such
claims or actions are rightfully or wrongfully brought or filed. The Contractor agrees that the
County may select the attorneys to appear and defend such claims or actions on behalf of the
County. The Contractor further agrees to pay at the Contractor's expense the attorneys' fees and
costs incurred by those attorneys selected by the County to appear and defend such actions or 0
claims on behalf of the County at both the trial and appellate levels. The County at its sole option,
shall have the sole authority for the direction of the defense, and shall be the sole judge of the
acceptability of any compromise or settlement of any claims or actions against the County.
x) 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. The CONTRACTOR and COUNTY
Representative shall try to resolve the claim or dispute with meet and confer sessions. If the issue
or issues are still not resolved to the satisfaction of the parties, then any party shall have the right
to seek such relief or remedy as may be provided by this Agreement or by Florida law. This
Agreement is not subject to arbitration. This provision does not negate or waive the provisions of
paragraph x or Article 8.1 concerning termination or cancellation.
y) Cancellation: In the event that the Contractor shall be found to be negligent in any
aspect of installation, stocking,maintenance, repair, or service, the County shall have the right to cv
terminate this agreement after five days written notification to the Contractor.
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z) 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 N
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.
aa) Insurance: Prior to commencement of work the Contractor will provide
satisfactory evidence of insurance as required in Specification Section 00900 General Insurance
Requirements for Construction Contractors and Subcontractors. The Contractor shall name the
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Monroe County Board of County Commissioners, its employees and officials as "Additional _
Insured"on all policies except for Worker's Compensation.
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1 7.7 Ownership of the Project Documents: The documents prepared by the Contractor for this
Project belong to the County and may be reproduced and copied without acknowledgement
or permission of the Contractor.
T 8 Successors and Assigns:The Contractor shall not assign or subcontract its obligations under 0
this agreement, except in writing and with the prior written approval of the Board of County
Commissioners for Monroe County, which approval shall be subject to such conditions and y
provisions as the Board may deem necessary. This paragraph shall be incorporated by
reference into any assignment or subcontract and any assignee or subcontractor shall comply
with all of the provisions of this Agreement. Subject to the provisions of the immediately °3
preceding sentence, each party hereto binds itself, its successors, assigns and legal
representatives to the other and to the successors, assigns and legal representatives of such
other party.
7.9 No third Party Beneficiaries: Nothing contained herein shall create any relationship, 0
contractual or otherwise, with or any rights in favor of, any third party.
7.10 Americans with Disabilities Act of 1990(ADA) -The CONTRACTOR will comply with
all the requirements as imposed by the ADA, the regulations of the Federal government issued
thereunder, and the assurance by the CONTRACTOR pursuant thereto.
7.11 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 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 76
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 subconstruct with an unauthorized alien. The Contractor shall comply with and be N
subject to the provisions of F.S. 448.095
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ARTICLE S
Termination or Suspension N
8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 2
of the General Conditions,
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8.2 The Work may be suspended by the Owner as provided in Article 14 of the General
Conditions.
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Article 9
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Enumeration of Contract Documents
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9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows: See Article 1
9.1.1 The Agreement is this executed Standard Form of Agreement between Owner and
0.
Contractor. y
9.1.2 The General Conditions are the General Conditions of the Contract for Construction.
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9.1.3 The Supplementary and other Conditions of the Contract are those contained in the °3
Project Manual dated October 2020 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 Manual dated as in Subparagraph 0
9.1.3, and are as follows:
0
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
9.1.5 The Drawings are as follows, and are dated on each individual drawing unless a different
date is shown below:
Roadway Plans, Kisinger Campo and Associates, 28 Sheets, October 2020
Signing and Pavement Marking Plans, Kisinger Campo and Associates, Sheets S 1-S4,
October 2020
Structural Plans, Kisinger Campo and Associates, Sheets B1-B29, BW1-BW13, and EX1-
EX6, October 2020
9.1.6 The Addenda, if any, are as follows:
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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. o
9.1.7 Other documents, if any, forming part of the contract Documents are as follows: Monroe
County Bid Form in Section 00110. .N
See Article 1,
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IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date
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first written above in counterparts, each of which shall, without proof or accounting for the other
counterparts, be deemed an original contract.
(SEAL) BOARD OF COUNTY COIMIMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA e
By. By
As Deputy Clerk Mayor
/ MONROE COUNTY ATTORNEY
Date ( � APPR V. D AS TO FO 4: ¢'
y CHRISTINE LIMBERT.BARROWS
ASS14ANTCOUNTYATTORNEY
t DATE...�.� Q�2_Q_ ¢,
(SEAL) CON T
Attest.
i (J
By: By:
Title: Title: � 1 A Jc
END OF SECTION 00500
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