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Item C09 } C.9 County �� � .�� �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS �a� Mayor Michelle Coldiron,District 2 Mayor Pro Tem David Rice,District 4 -re Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting February 17, 2021 Agenda Item Number: C.9 Agenda Item Summary #7807 BULK ITEM: Yes DEPARTMENT: Engineering/Roads TIME APPROXIMATE: STAFF CONTACT: Tyler Jackson (305) 393-5450 N/A AGENDA ITEM WORDING: Approval to award contract to Mike Haack Excavation, Inc., the lowest responsive responsible bidder, in the contract amount of $139,557.27 for repairs to two existing culverts in the Cudjoe Gardens neighborhood. ITEM BACKGROUND: The County held its bid opening on January 12, 2021 for the Cudjoe Gardens Rehabilitation Project and Mike Haack Excavations, Inc. was the lowest responsive responsible bidder. The County seeks to award the contract for drainage repairs in Cudjoe Gardens, which is to perform two repairs/replacements of existing infrastructure in Cudjoe Key, FL. The first repair is to replace a section of drainage piping from roadway structures at 20763 5th Ave W in Cudjoe Key to an existing outfall. The existing pipe which needs to be replaced, is 24-inch corrugated steel and connected to 2 catch basins. The second repair is to replace an existing headwall that supports the culvert under 4th Ave W, connecting the residential canals north and south of 4th Ave W. The headwall became compromised after some support eroded away and stop-gap measures to repair have since deteriorated as well. PREVIOUS RELEVANT BOCC ACTION: BOCC approved a task order with HDR Engineering Inc. for engineering design and permitting services for the Cudjoe Gardens Drainage Repair Project at the July 17th 2019 BOCC meeting. The BOCC approved the On-call contract with HDR Engineering, Inc. on January 17, 2018 CONTRACT/AGREEMENT CHANGES: New Contract STAFF RECOMMENDATION: Approval to award contract as requested. DOCUMENTATION: Packet Pg. 158 C.9 Contract Mike Haack Excavating FINANCIAL IMPACT: Effective Date: 2/17/21 Expiration Date: 6/9/21 Total Dollar Value of Contract: $139,557.27 Total Cost to County: $139,557.27 Current Year Portion: $139,557.27 Budgeted: Yes Source of Funds: 102-22500-560630 $139,557.27 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: REVIEWED BY: Judith Clarke Completed 01/28/2021 1:58 PM Christine Limbert Completed 01/29/2021 12:26 PM Purchasing Completed 01/29/2021 12:29 PM Budget and Finance Completed 01/29/2021 3:14 PM Maria Slavik Completed 01/29/2021 4:54 PM Liz Yongue Completed 02/01/2021 4:05 PM Board of County Commissioners Pending 02/17/2021 9:00 AM Packet Pg. 159 Cudjoe Drainage Rehabilitation Project Section 00500 Standard Form of Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the 17thday of February in the year of Two Thousand and Twenty One. BETWEEN the Owner: Monroe County Board of County Commissioners ("BOCC") 1100 Simonton Street Key West, Florida 33040 ("Owner") And the Contractor: Mike Haack Excavating, Inc. 127 Industrial Road, Suite E ("Contractor") Big Pine Key, FL 33043 For the following Project: Cudj oe Gardens Drainage Rehabilitation Project Cudj oe Key Monroe County, Florida ("Proj ect") x Oversight for Owner: Engineer: HDR Engineering 1475 Centrepark Blvd., Suite 230 West Palm Beach, Florida 33401 0 The Owner and Contractor agree as set forth below. 2/17/21 Standard Form of Agreement between Owner and Contractor 00500- 1 Packet Pg. 160 Cudjoe Drainage Rehabilitation Project 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 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 integrated agreement between the parties hereto and supersedes prior negotiations, representations or S agreements, either written or oral. Notice Requirement 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 shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: Ms. Judith Clarke, P.E. Director of Engineering Services Monroe County 1100 Simonton Street, Room 2-216 0 Key West, Florida 33040 For the Contractor: Mike Haack Excavation, Inc. 127 Industrial Road, Suite E u'�.o Big Pine Key, FL 33043 ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the 0 extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: E 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 the Contractor with reference to the Cudioe Gardens Drainage Rehabilitation Proiect. ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date from 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 2/19/21 Standard Form of Agreement between Owner and Contractor 00500-2 Packet Pg. 161 Cudjoe Drainage Rehabilitation Project 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 60 Days after the Date of Commencement, subject to adjustments of the Contract Time as provided by the Contract Document. LIQUIDATED DAMAGES 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 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 $500,000.0 and Up 500.00/DAY 1,000.00/DAY 3,500.00/DAY W 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. LU 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 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 0 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 a geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of E 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 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. 2/19/21 Standard Form of Agreement between Owner and Contractor 00500- 3 Packet Pg. 162 Cudjoe Drainage Rehabilitation Project ARTICLE 4 Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract, for the Cudioe Gardens Drainage Rehabilitation Proiect the Contract Sum of One Hundred Thirty Nine Thousand, Five Hundred and Fifty Seven Dollars and Twenty Seven Cents, ($139,557.27), subject to additions and deductions as provided in the Contract Documents. c 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. w ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Owner, and upon Project Applications and Certificates for Payment, the Owner shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents. U 5.2 The period covered by each Application for payment shall be one calendar month ending on the last day of the month. x 5.3 County shall pay pursuant to the Local Government Prompt Payment Act 218.70 Florida Statutes. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the 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. E 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Five percent (5%). Pending final determination of cost to the Owner of changes in the Work, amounts not in 2/19/21 Standard Form of Agreement between Owner and Contractor 00500-4 Packet Pg. 163 Cudjoe Drainage Rehabilitation Project 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 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 c 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 a� 0 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 X ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the U Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of 0 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. �t 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. 2/19/21 Standard Form of Agreement between Owner and Contractor 00500- 5 Packet Pg. 164 Cudjoe Drainage Rehabilitation Project 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: 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 S 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 0 affiliate who has been placed on the convicted vendor list following a conviction for public entity 5 crime may not submit a bid on a contract to provide any goods or services to a public entity, may not U 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 w 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. s 7.6 The following items are part of this contract: a) Maintenance of Records: Contractor shall maintain all books, records, and b documents directly pertinent to performance under this Agreement in accordance with 0 generally accepted accounting principles consistently applied. Each party to this �. Agreement or their authorized representatives, shall have reasonable and timely access W to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven 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. 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 2/19/21 Standard Form of Agreement between Owner and Contractor 00500- 6 Packet Pg. 165 Cudjoe Drainage Rehabilitation Project 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 S 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 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 applicable to contracts made and to be performed entirely in the State. 0 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. This Agreement shall not be subject to arbitration. X d) Severability: If any term, covenant, condition or provision of this Agreement (or the W 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, s 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 U 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 E 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 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. 2/19/21 Standard Form of Agreement between Owner and Contractor 00500- 7 Packet Pg. 166 Cudjoe Drainage Rehabilitation Project 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 S 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, 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 VI 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, 0 and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits U 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 w 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 s or alcoholism; 7) The 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; 8) Title VIII 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 0 maybe 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 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. 2/19/21 Standard Form of Agreement between Owner and Contractor 00500- 8 Packet Pg. 167 Cudjoe Drainage Rehabilitation Project 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. 1) 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 S than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 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. 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 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 0 provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a w prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or s 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: 0 t� (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 2/19/21 Standard Form of Agreement between Owner and Contractor 00500- 9 Packet Pg. 168 Cudjoe Drainage Rehabilitation Project or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce S 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 section119.10, 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(c,MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S X OFFICE 1111 12TH Street, SUITE 408, KEY 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 .�5 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, 2 nor shall any contract entered into by the County be required to contain any provision for waiver. 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 E 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 2/19/21 Standard Form of Agreement between Owner and Contractor 00500- 10 Packet Pg. 169 Cudjoe Drainage Rehabilitation Project 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. 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 purposes contemplated in this S 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. 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 accountability by reason of the execution of this Agreement. a� 0 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 x of convenience of reference only, and it is agreed that such section headings are not a part of this U Agreement and will not be used in the interpretation of any provision of this Agreement. s v) Special Conditions, if any are detailed in Section 01000 of the Project Manual for this Proj ect. w) Hold Harmless and Indemnification: Notwithstanding any minimum insurance 0 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 W and employees 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, 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 million per occurrence pursuant to F. S. 725.06. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to 2/19/21 Standard Form of Agreement between Owner and Contractor 00500- 11 Packet Pg. 170 Cudjoe Drainage Rehabilitation Project events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. 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 S 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, 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 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. t� x) Adjudication of Disputes or Disagreements: COUNTY and CONTRACTOR agree 0 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 w 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 terminate this agreement after five days written notification to the Contractor. z) Cooperation: In the event any administrative or legal proceeding is instituted against 0 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, 0) 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. 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 Florida Department of Transportation and Monroe County Board of County Commissioners, its employees and officials as "Additional Insured" on all policies except for Worker's Compensation. 2/19/21 Standard Form of Agreement between Owner and Contractor 00500- 12 Packet Pg. 171 Cudjoe Drainage Rehabilitation Project 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. 7.8 Successors and Assigns: The Contractor shall not assign or subcontract its obligations under 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 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 preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the S successors, assigns and legal representatives of such other party. 7.9 No third Party Beneficiaries: Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 7.10 Americans with Disabilities Act of 1990 (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 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 0 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" w ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. Article 9 Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: See Article 1 2/19/21 Standard Form of Agreement between Owner and Contractor 00500- 13 Packet Pg. 172 Cudjoe Drainage Rehabilitation Project 9.1.1 The Agreement is this executed Standard Form of Agreement between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated November 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 9.1.3, and are as follows: 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 w is shown below: HDR Engineering Dated November 2020 Pages 1 through 17 9.1.6 The Addenda, if any, are as follows: Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless W the bidding requirements are also enumerated in this Article 9. 9.1.7 Other documents, if any, forming part of the contract Documents are as follows: Monroe County Bid Form in Section 00110. LU See Article 1. 0 2/19/21 Standard Form of Agreement between Owner and Contractor 00500- 14 Packet Pg. 173 C.9.a Curfiac Draingg Rebakstlat Lion Proku IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date 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 COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA By: By As Deputy Clerk Mayor Date (SEAL) CONTRACTOR a, Attest: Mike Haack Excavating,Inc. By: —4` , 1� r By: d F.Denise Cesani Ann L.Haack Title: -Notary _ Title: VP of Operations m+* r F.DENISE CESANi Notary Public Stag of Florl r C7 Commisslosn 0 GG 9743 0 2 �r4„ ray Comm.Expires.lurr 24,204 Bonded through rlWal Notary�ssn� END OF SECTION 00500 m m X m m m m 0 CJ m 2/19/21 Standard Form of Agreement between Owner and Contractor 00500- 15 Packet Pg. 174 Cudjoe Gardens Drainage Rehabilitation Project C•9.a SECTION 00300 SCOPE OF WORK 1. GENERALSCOPE 1.1 The Scope of Work shall include,but not be limited to, all work shown and listed in the Project Drawings and Project Manual. The Contractor is required to provide a complete job as contemplated by the drawings and specifications, which are a part of this bid package. c 1.2. The Scope of Work consists of Drainage Rehabilitation Improvements at two sites. This includes replacement of sections of RCP pipe, headwall construction, and other roadway construction as shown on the Drawings and included in the Technical Specifications. 1.3 Provide all labor,supervision,materials,supplies,equipment,tools,construction equipment, trans transportation, inspection, and proper execution and completion of all Work p � p � p p p as specified in the Project Manual included in this Bid Package. c� m END OF SECTION 00300 0 x LU 11/12/2020 SCOPE OF WORK 00300-1 Packet Pg. 175 ( ge4!j!q q ' a s pi Chan ) BU14BAB=3 MaBBH GM!W PB4u :4u8wq3B44V co R I- U CL 0 0 0 0 0 0 • ' o 0 0 o i�+ �I o 0 0 0 0 0 o d a o0 00 C) 0oa �, aG 7i � � o n oo V t� oIL Lf) 15e . O O o O ca O 0 0 -� o o .. 0 Cd c o u o o -d a, ct ct CD, ra o v i o o o '" .0 O c, q L 3 0 � o - : r > x o� (F.' ...C, rn t� p v Q y aea 'd .� s. Oo w w d (', 0 0 b oorq M oo � oo �o � f2-m �l rr��-, e O O CD N C`O') 00 Lo N Cl) V v a 0 G 0 (n Q U LL LL Q Z U LL LL Q LL Q Z J Q J J w Q -.I J W J U w H N � ID � u Cd O O L cti Co > (D 0 4) pp m 0 .0 m cc a N '0 -0 (0 '0 ) O 0 "O N ', 9 � 'O N C .cg.. > a z N Q � w N m N b C a C � = t c j C .c O (0 0........ F H Z) co N H H O (6 U n U U w .N p ' ,� a) C 0 f6 Cl. N C O. j. f0 � d LL o � LL LL LL d (0 L a1' O N r p � a....,. r+ CD O (O (O X C y N � � - (M O Cl) Cl) M LO(O — M z ® CD N O_ O.Cr Cl) 0 0 Cl) O O N o C J O '',O 0 C.9.a MIKEHAA-02 DHOGUE ,a► 1 0 CERTIFICATE OF LIABILITY INSURANCE DATE 12121 I112/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER UAW" Collinsworth,Alter,Fowler&French,LLC PHONE FAX 8000 Governors Square Blvd (A1C.No, Exr:(305)822-7800 IAII,No):(305)362-2443 Suite 301 Miami Lakes,FL 33016 _WSURER(S),AFFORDING COVERAGE NAIC INSURER A:American Casualty Cc Reading INSURED INSURER a:Transportation Insurance Comps Mike Haack Excavating,Inc INSURER C:Evanston Insurance Company 35378__ _ 157 Industrial Road INSURER D.Valley Forge insurance Company 20508 Big Pine Key,FL 33043 INSURER£•Federal Insurance Company 20281 INSURER F: t8 COVERAGES CERTIFICATE NUMBER, REVISION NUMBER: � THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CD CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR.�... ADDLSUBR __ POLICYEFF POLICYExP _ __ _.. , T TYPE OF INSURANCE _ POLICY NUMBER } MMf LIMBS �„ A X COMMERCIAL GENERAL LIABILITY 1,000,000 EACH OCCURRENCE $ CLAIMS-MADE OCCUR 7011988824 12/21/2020 12/21/2021 DAMAGE TO RENTED 100,000 N X X PIRf~M SES(Fapv arert nca) $ Approved Risk Management MEIEXP(Any one lapason) 15,000 $ PERSONAL$ARV INJURY $ 1,000,000 GENL AGGREGATE LIMIT APPLIES PER: � � GENERAL AGGREGATE $ 2,000,000 POLICY X PR Loc 2,000,000 0 JE T PRODUCTS COMPW AGG 5 1-19-2021 OTHER: $ B AUTOMOBILE LIABILITY COMBINED S1 NGLE LIMIT 1,000,000 X ANYAUTO 7011988810 12/21/2020 12/21/2021 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ .® X... HIRED I X NON-OWNED PROPERTY AMAGE ¢' AUTOS ONLY _'AUTOS ONLY (Per accidenl _ $ C UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 X EXCESS LIAB CLAIMS-MADE 44286031 12/21/2020 12/21/2021 AGGREGATE $ 5,000,000 UJ DED RETENTIONS _mmmP $ O D WORKERS COMPENSATION X PER OTH... t8 AND(EMPLOYERS°LIABILITY STATUTE. EN ANY PROPRIETOR,IPARTNERIEXECUTIVE YIN X 7011988838 12/21/2020 12/21/2021 1,000,000 T`r It:EHIM MBER EXCLUDED? N NIA E L-..EACH ACCIDENT S W fasadato n NH If yes,describe under E.&...DISEASEEA EMIgLOYEE,$ 1,000,000 DESCRIPTION OF OPERATIONS below E t,DISEASE•POLICY LIMIT $ 1,000,000 ¢, E Equipment Floater 45471128 12/21/2020 12/21/2021 Leased/Rented 300,000 O sm O DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is rerlulred) tJ, Monroe County Board of Commissioners is Included as additional insured with respects to General Liability and Auto.Waiver of Subrogation applies to the General Liability&Worker's Compensation. License#'s:CFC1429107 Certified Plumbing Contractor-CUC1225234 Underground Utility&Excavation Contractor-CGC1523491 Certified General Contractor U CERTIFICATE FOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Key West,FL 33040 AUTHORIZED REPRESENTATIVE 111L' ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved, The ACORD name and logo are registered marks of ACORD Packet Pg. 177