Item C09 } C.9
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County of Monroe
�y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�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
August 13, 2021
Agenda Item Number: C.9
Agenda Item Summary #3543
BULK ITEM: Yes DEPARTMENT: Facilities Maintenance
TIME APPROXIMATE: STAFF CONTACT: Suzanne Rubio (305) 453-9687
No
AGENDA ITEM WORDING: Approval to award bid and approval to execute a contract with
McCourt Construction, Inc. to design and install ten (10) new pickleball courts on Monroe County
owned vacant land, commonly known as "Tract E", a parcel of land adjacent to Key Largo
Community Park. The cost is $203,500.00 and will be funded by District 3 Impact Fees.
ITEM BACKGROUND: Staff was asked by the Upper Keys Pickleball players to install ten (10)
Pickleball Courts at the Key Largo Community Park. The players are currently sharing space on the
existing basketball courts which is inconvenient to several factions of the Key Largo Community.
Staff believes the vacant land adjacent to the Key Largo Community Park, commonly known as
"Tract E", is the ideal location for expansion of the recreation facilities offered to the Monroe
County community. The Parks & Recreation Advisory Board endorsed the request and location of
the new courts.
Staff has solicited, through a Request for Proposals, for the design and installation of the pickleball
courts. Proposals were opened on July 1, 2021, with three (3) proposals received. A Selection
Committee met on July 14, 2021, and selected McCourt Construction, Inc. as the lowest responsive
and responsible bidder based on the selection criteria. Staff requests BOCC approval to award a
contract to the proposed vendor, McCourt Construction, Inc., and approval for execution of the
Agreement. The Contractor will have ninety (90) days after issuance of a Notice to Proceed to
achieve substantial completion of this project with final completion to be thirty (30) days thereafter.
The contract amount is $203,500.00 for the work. Tabulation of the proposals is attached in the
backup.
PREVIOUS RELEVANT BOCC ACTION:
April 21, 2021 BOCC approval to advertise Request for Proposals (RFP) for Design and
Installation of Pickleball Courts at the Key Largo Community Park using District
3 Parks and Recreation Impact Fees.
CONTRACT/AGREEMENT CHANGES:
New contract
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C.9
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
2021-08-18 Agreement- Key Largo Pickleball Courts (McCourt) (Final & legal stamped & signed)
McCourt Construction Proposal
Bid Tabulation Sheet pdf(1)
FINANCIAL IMPACT:
Effective Date: August 18, 2021
Expiration Date: Substantial completion to be 90 days after issuance of Notice to Proceed with
final completion to be 30 days thereafter.
Total Dollar Value of Contract: $203,500.00
Total Cost to County: $203,500.00
Current Year Portion: $25,000.00
Budgeted:
Source of Funds: 29523
CPI:
Indirect Costs: Staff time and ongoing maintenance
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant:
County Match:
Insurance Required: Yes
Additional Details: None
Cost of Contract to be covered by District 3 Impact Fees
10/21/20 147-20503 - UNINC PARKS & BEACHES $148,350.00
REVIEWED BY:
Kevin Wilson Completed 08/03/2021 10:59 AM
William DeSantis Completed 08/03/2021 11:03 AM
Patricia Eables Completed 08/03/2021 11:38 AM
Purchasing Completed 08/03/2021 11:58 AM
Budget and Finance Completed 08/03/2021 3:19 PM
Maria Slavik Completed 08/03/2021 4:33 PM
Liz Yongue Completed 08/03/2021 4:43 PM
Board of County Commissioners Pending 08/18/2021 9:00 AM
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Agreement
Between Owner and!: Contractor
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Where the bwisaf payment is a STIPULATED SLAM
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AGREE
MEET
Dade as of the _
18th Day of August 2,02106
BETWEEN N the Owner.; Monroe County Board of,County Commissioners
500 Whitehead Street
off+ West. Florida �
And the Contractor; Mc Court Construction, Inc-
16,155 ° ' 117th Avenue,,
Miami„ Florida 33177
For the following Project, KEY LARGO Olhllll4rlUNI P PICKLE BALL
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COURTS DESIGN AND INSTALLATION
Scope of the Work
The Monroe eunty Parka and Beaches Department requested bids for "Design and
Construction" of the Keys Largo Community Pardo Pickleball Courts. It is the desire of Monroe
County to provide tournament rated courts for the acrnmunifty ontractor must provide all labor, �
materials, equipment„ and permitting required for the design, site preparabon, and construction,of .CL
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new Picicbeball Courts at the Key Largo Community Park, whether directly or through Sub- c
ocntracter sub-consultarents,
*$cope of worl< shall include the following:
1) DESIGN P TEN (10) PI KLEB LL. COURTS ON SPECIFIED SITE
a) Conceptual site plan shall be modified to meet CcKjnty Cedes and Standards- (Sets
,ATTACHMENT `A")
b) Final design will be reviewed by County Staff prier to commencement of construction.
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) CLEARING, LEVELING, AND SUB-BASE OF SITE.
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a) Contractor,shall provide all site work required to insure proper drainage and leveling per c
the accepted design.
b) Contractor's attention is directed to Section 11 .- [especially subparagraphs, (b)and
f) .1 of the Monroe County land Development Codes for required surface water
management plan.
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BASE AND PHA. T c
.A
aj Asphalt area to be approximately 128 feet X 170 feat (See ATTACHMENT ',A"). The
minimum grad�ing and levelling specifications of the courts are included asATTACHMENT
Design Criteria",
bContractor will insure the design and construction of.all drainage and asphalt meet or =
exceed design standards set forth in ATTACHMENT "I [design Criteria', 06
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FENCING
a) Contractor Will provide all fencing, including perimeter fencing and internal fencing of the
individual courts, and gates per the accepted desigin,
b AT TACHMENT '1 Design Criteria" includes,minimum specifications for fencing
components, 06
5) FINISHED PLAYING SURFACE A l ACCESSORIES, _
a) Contractor will provide a level surface suitable for tournament P'icklball play„ Minimuir
surface specifications are included M ATTACHMENT T"B-resi n Criteria".
bCourt colors vviil be reviewed and approved by Countystaff, c
e) Contractor wile paint 'white playing lines to meet specifications. re the accepted
de ,ign,.
j OTHER EQUIPMENT 0
a) Contractor will Install ten(1 g) sets of pickleball nets and posts. _
*Scope is provided as a guide, for expectations to be included in the Design and Installation b
the Contractor, It is net considered all-inclusive and will be dependent upon final desk n provided �
by the Contractor, CL
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Contractor stall pay for and acquire all nece,,-3�ary perr'ruit
Contractor shall supply all olf the needed materials and hardware to complete the project:and
properly dispose of debris,
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ARTICLE °1
The Contract Documents
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The Contract Documents consist of this Agreement, Conditions of the Contract (General, c
Supplementary and otherConditions), Proposal Documents, ,addenda issued prior to execution
of this Agreement, together with the response to p'P and all required insurance documentation, ~�
and Modifications issradsdl after execution of this agreement- The Contract represents the entire
and integrated agreement between the parties hereto and supersedes prior negotiations, -�
represent tions era reernents,e ither wri tten er oral P An enumeration of the Contract Documents,
ether than Moditfications, appears in Miclio 9. In the event of a discrepancy between the
documents, precedence shall be determined by the order,of the documents as just listed.
ARTICLE
The Work of this Contract
The Contractor shall execute the entire Work described in the Contract Documents, except to the 06
extent: specifically indicated) in the Contract Documents to be the responsibility of others, or as �
follows; N/A CL
ART L. �
Date of Commencement and Substantial Completion
.1 The date of commencement is the date to be fixed in a Notice to Proceed, is,sAred by the 06
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Owner.
The Contractor shall achieve SuIcatantial Completion of the entire y`u''ork not later than
Ninety (9 calendar days after the date of commencement or issruance of a Notice, to
Proceed. The time or times stipulated in the contract for completion of the work of the
contract or, specified phases of the contract shall be the calendar date or dates 1,K,ted in �
the rniilestorae schedule..
Liquidated damages will be based on the Substantial Completion Date for .all work,,
modified by all approved extensions in time as set forth by the Director of Facilities 0
Maintenance's signature of approval on the Certificate of SubstantialCompletion- The
liquidated damages table below shall be utilized to determine the amount of liquidated
damages,-
PI PET SECOND 31ST MY & CL
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CONTRACT AMOUNT _ AY 15 DAYS THEREAFTLR o
Under 9,000.00, 50.00/Day 1 0.00/day $250,MlDay
0,000,00- 9,9 9.f10 109. as a ' 200.001Day 7 9. /Day �a
1 ,0 gm tl 9,999,00 200MID2y 5 0-00I ay 2,00,0-00Y ay
$500,000,-00 and Up 500MIDay 1, 0- fl ay 35 0-0,00/Day
The Contractor's reg�raf damac$es and sole remed^ur for any delay caused by the Owner
shall. be an extension of time on the ortfract
Uncontrollable Circumstance- Any delay or failure of eiither,Party to perform its obligations
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under this Agreement will be excused to the extent that the delay or failure was caused directly
by an event beyond such, Party's cuintrol„ without such Parly's fault or negligence and that by its, 00
mature could not have been foreseen bX such Party or. if it could have been foreseen, was,
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unavoidable. (a) acts. of God; jbj flood, fire, earth quake, explosion, tropical storm, hurricane or c
ether declared emergency in, the geographic area of the Project; (c) war, invasion, hostilities
(whether war is dectaired 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 a iy -�
governmental authority prohibiting work in the geographic area of the Project, (each, a
"UnoontrollableCircumstance"), Contractor's financial inability to perforr , 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 shell
give County written notice within seven ( ) 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 Un ntr llelole
Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized, and LM
re ume full performance under Ns Agreement.,The County will not pay additional,cost as a rest It
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of an Uncontrollable Circumstance, The Contractor may only seek additional time air no east to
the County as the Owner's Representative may determine,
ARTICLE 4
Contract Siam �
4A The owner shall pay the Contractor In, current funds for the Contractor's performance of
the Contract. the Contract Sum of Two Hundred Three Thousand Five Hundred and 06
001100 Dollar ( 0 a50 .00), subject to additions and deductions as provided in the
Contract Documents. UL
4,2 The Contract Burn is based) upon the folilo i g alternates, if any, which are described in
the Contract Documents and are hereby accepted by the Owner: WA o
4-3 Unit prices, if any, are as follows., N/
ARTICLE 5
Progress Payments 0
.1 Eased upon Applicattions for Payment submitted by the Contractor to the Director of
Facilities )Maintenance, and upon approval for payment issued by the Director of Facilities.
Maintenance and ,architect, the Owner shall snake progress payments ort account of the �
Contract Burn to the Contractor as provided below and elsewhere in the Contract CL
Documents, o
52 The period covered by each Application for payment shall be one (1) calendar mirth
ending on the last day of the month, or as follaws-
5.3 Payment will be made by the Owner, upon receipt of a proper invoice from the Contractor,
in accordance with the Florida Local Government Prompt Payment Act, Section 218,735,
Florida Statutes and )Monroe County Cade. The Contractor, is to submit to the Owrfer
invoices with supporting documentation that are acceptable to the Monroe County Office
of Clerk and Comptroller (Clerk). Aoceptabllity to the Clerk is based upon generally
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accepted accounting principles and such laws, rules,, and regulations as may govern the
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disbursal of funds by,the Clerk. The Owner is exempt from sales and use taxes, A copy of c
the tax exemption certificate will be provided by the Owner upon request,
5A Each Application for Payment shall be based upon the Schedule of Values submitted b
the Contractor in accordance with the Contract Documents. The Schedule of Values,shall
allocate the entire Contract urn among the various portions of the Work and prepared
in such form and supported by such data to substantiate its accuracy as the Director of
Facilities Maintenance may require. This schedule, unless objected to by the Director of
Facilities Maintenance, shall be used as;a basis for reviewing;the Contractor's applications
for Payment.
5 ,applications: for Payment shall iindicate the percentage of completion of each portion of
the 'fork as of,the end of the period covered by the Application fo Payment, �
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5A Subject to the provisions of the Contract Documents, the amount of each progress �
payment shall be computed, as follow
5, . 1 Take that portion of the Contract Sum properly allocable to completed Workas 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 Omer of charges 06
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, charge _
whichi results in a net decrease in the Contract Sure shall be the net cost to the Owner,
less Overhead, Profit and Documented Costs incurred prior to the change Request, as
indicated in the c rrespending line item in the Approved Schedule of Values for that line o
iteirn as confirmed by the Director of Facilities Maintenance. When both additions and
aredi't , covering related Work or s<ubstitutuons 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. 0
5,6-2 add that portion of the Contract urn properly allocable to materials and equipment
delivered and seitaibl'y 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 rritiEng), less retainagie, —
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5Z.3 Subtract the aggregate of previous paymenM made by the Owner; and
5,5.E Subtract amounts, if any, for which the Director of Facilities, Maintenance has withheld or
nullified a Certificate for Payment.as provided in Paragraph 9.5 of the General Conditions.
5.7 I etainag,e of five percent. 5%) will be withheld in accordance with Section 218,735 (8) a),
Florida Statutes,
ARTICLE,I E
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Final Payment
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Final payment;, constituting the entire unpaid balance of the Contract Sure, shall be made by the c
Owner to the Contractor when (1) the Contract has been fully performed by the Contractor and
the work has been accepted by the Owner except for the Contractor's responsibility to correct
non nforrning Work as provided in Subparagraph 12,2.2 of the [general Conditions and to satisfy
other requirements, if any, which necessarily survive final payment, and ( ) a final approval for
payment has been issuod by the [director of Facilities Maintenance, Such final payment shall be
made by the Owner not more than twenty ( ) days after the i:,ssuance of the final approval for
payment. The following documents (safnples in section 010,27, Application for Payment) are
required for Final Payment,
(1) , ppliieation and Certificate for Payment
( ) Continuation Sheet
( ) Certificate of ubsta,,n iiall Completion
(4) Contractor's Affidavit of Debts.and Claims 06
(5.) Contractor's Affidavit of Release of Liens �
(6) Final Release of Lien CL
(7) Contractor shall provide two ( ) hard copies in tabulated divided', binders and
one: (1) saved electronically tabbed and indexed [in Adobe ,acrobat file (.PQP) �
format delivered on a common form (i.e. flash drive) of all the following, but
not [united to:
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A. Project Record, Documents (As wilt Documents).
B. Operating and maintenance data, inSVUctlon,s to the Owner's personnel..
C. Warranties, bond and guarantees. c
t , }keys and keying schedule.
E. Spare parts and maintenance materials.
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F. Electronic copies of approved submittals.,
G. Evidence of payment.and final release of liens and consent of surety to final'
release (includes final release from all, utilities and utility Companies). CL
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H, Copies of either a Certificate of Completion or Certificate of Occupancy issued
by the Monroe County Building Department..
,ARTICLE.LE.
Miscellaneous Provisions
A 'inhere reference is made in this Agreement to a provision of the General Goriditions or
another Contract Document, the reference rotors to that prOViSion as amended or
supplemented by other provisions of the Contract Documents_
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7.2 Payment shall be made according to the Florida Local Government Prompt payment Act c
and Monroe County Code.
7.3 Temporary facilities and services. As described',in Section 01500,Temporary Facrhtie „of
the General Conditions,
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7A Annual Appropriation. Monroe, ount °s performance and obligation to pay under this 0
contract is contingent upon an annual appropriation by the Board of County
ommissiorrers. Ire the eve rtthatthe Courityt funds on wh itch this Ag reement is dependent
are withdrawn, this Agreement is terminated and the County has no further obligation
under,the terms of this Agreement to the Contractor beyond that already incurred by the
termination date. =
7.5 A person or affilliete who has been placed on the convicted vendor List following a 06
conviction for public entity crime may not.submit a Laid on a contract to provide any goods �
or services to a public entity, may not submit a bid, proposal, or reply on a contract to CL
supply any goods or services to a public entity, may not. submit a bid, proposal„ or reply
on a contract to supply any goods or services to a public entity, may not submit a bi.d, �
proposal, or reply on a contract with a public entity for the construction or repair of a public �
building or public work, may not submit bids, on leases of real property to public entity,
may not be awarded or perform work as a contractor, supplier, subcontractor, or 06
consultant under.a contract with any public entity: and may not transact business with any
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public entity in excess of the threshold amount provided in Fla, StaL, Section 287,017, for ILL
CATEGORY TWO for a period of thiirt -sire ( ) ,mont.hs from the date of being pl,,aced on
the convicted vendor list-
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7.6 The following items are included in this contract:, o
a) Maintenance of I ecord's. Contractor shall rnaint irn all books, re crds; and docurnents
directly Pertinent to performance under this Agreement in accordance with generally 0
accepted accounting, principles consistently applied. Records, shall be retained for a
period of severe 7) years from,the termination of this Agreement or five (b)years from
the submission of the final, e pend%ure report as per 2 CFR §200.3331, if applicable,
whichever is greater. Each party to thisAgreement or their authorized representatives. �
shall have reasonable and timely accessto such records of each other party to this °CL
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Agreement for public records purposes during the term of the Agreement and for o
seven (7) 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, "r
Agreement were Spent for purposes not authorized by this Agreement, or wvcrre
wrongfully retained by the Contractor, the Contractor shall repair the monies together
with interest calculated pursuanttc Sec. 55.03, Florida Statutes, running from the date
the monies were paid by the Owner.
Fight to Audit.
Availability ref Records, The records of the parties to this Agreement relating to the
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project, which shall include but not be limited to accounting records (hard copra as
well as,computer readable data if it can be made available; subcontract files(including00
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proposals of successful and unsuccessful bidders, bid recaps„ bidding instructions, c
bidders list,etc,}, original estimates; estimating work sheets, correspondonce, Change �
order files (including documentation covering negotiated settlements); bac.kcharge
logs and supporting documentation; general ledger entries detailing cash and trade
discounts earned, insurance rebates and dividends; any other supporting evidence -�
deemed necessary by Owner or by the Monroe County Offloe of the le* of Court
and Comptroller (hereinafter referred to as 'County Clerk") to substantiate cf7argies
related to this Agreement, and all other agreements, sources of information and,
matters. that may in owner's or the County Clerk's reasonable judgment have any
bearing on or pertain to any matters, rights, duties,or obligations under or covered by
any contract document (all foregoing herehaftter referred to as 'Records") shalil be
open,to inspection and subject to audit and/or reproduction by Owner's representative
and/or agents of Owner or the County Clerk. Downer or County Clerk may also wnduct �
verifications such as, but not limited to, counting employees at.the job site,vwiitnessiing 06
the distribution of payroll, verifying; payroll computations, overhead computation„ �
observing,vendor and supplier payments, miscellaneous allocations. special charges, CL
verifying information and amounts through interviews and written confirmations with
employees, Suboontractors, suppliers, and contractors` representatives, All records �
shall be kept for tern (1 ) years after Final Completion of the Project. The County Clerk
possesses the independent authority to conduct an audit of records, assets, and
activities relating; to this 'roject. If an auditor employed by the County or Clerk 06
determines that monies paid to Contractor pursuant to this Agreement.were spent for,
purposes not authorized by this Agreement, or were vwrongfully, retained by the LL
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Contractor, they Contractor shall repay the monies together with interest calculated
pursuant to Sec, 55,03, Florida Statutes, running from the date the monies were paid
to Contractor- The Right toAudit provisions survive the termination or expiration of 0
this Agreement.
b) Governing Law, Venue, and Interpretation. This Agreement shall be governed by and
construed in accordance with the laws of the State of Florida applicable to contracts
made and to be performed entirely- in the State_ in the event that any cause of action
or administrative proceeding is instituted for the enforcement or interpretation of this
Agreement, the County and, Contractor agree that verse shall lie in the appropriate
court or before the appropriate administrative body in Monroe County, Florida The �
Parties waive their rights to trial by jury, The County and Contractor agree that, in the
event of coniflicting interpretations of the terms or, a term of this Agreement by or o
between any of them the issue shall be submitted to mediation prior to the institution
of any other administrative or legal proceeding. ~�
c) Severabifity. 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 terns,
covenants, conditions and provisions of this Agreement, shall not:be affected thereby;
and each remaining borm, covenant, condition and provision of this Agreement shna,tl
be valid and shall be enforceable to the fullest extent permitted by law awnless the
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enforcement of the remaining terms, covenants; conditions and, provisions of thiis
Agreement would prevent the accomplishment of the original intent of this Agreement,. 00
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The County and Contractor agree to reform the Agreement to replace any stricken 0
provision with a valid provision that comes as close as possible to the intent of the
stricken provision.. -�
d) ttorney's Fees and Costs. The County and Contractor agree that in the event any
causae of action or administrative proceeding is initiated or defended by any partly
relative to the enforcement or interpretation of this Agreement, the prevailing party
shall be en fitted.to reasonable attorney's fees and court costs as an award against the
non-prevailing party, and shall' include attorney'& fees and court costs in appellate
proceed in s..
e) Binding Effect, The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of the County and Contractor and their respective �
legal representatives„ successors, and assigns- 06
f Authority. Each party represents and warrants to the other that the execution,delivery CL
and performance of this Agreement have been duty authorized by all necessary
County and corporate action, as required by law, Each party agrees that it has had! �
ample opportunity to submit this Contract to legal counsel of its choice and enters into
this agreement freely, voluntarily, and with advice of counsel,
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g) Claims for Federal or State Aid. Contractor and County agree; that each, shall bi , and
is, empowered to apply for, seek, and obtain federal and state funds to further, the °UL
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purpose of this Agreement, Any conditions imposed as a result of the funding that
affect the Project +will be provided to each party,.
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hj Adjudication of Disputes or Disagreements. County and Contractor agree that all o
disputes and disagreements shall be attempted to be resolved'- by meet and confer
sessions between representatives of each of the parties. If the issue or issues are stiff
not resolved to the satisfaction of the parties, then any party shall have the right to 0
seek such relied'or remedy as may be provided by this,Agreementar by Florida law,.
This Agreement is not subject to arbitration. This provision does not negate or waive
the provisions of paragraph ) of this Section 7.6 or Article 5 concerning termination
or cancellation.
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iCooperation. In, the event any administrative or legal proceeding is instituted against 0
either party relatrig 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, ether activities,
related to the substance of this Agreement or provision of the services under this
Agreement. County and Contractor specif ically agree that no party to this Agreement
shall be required to enter,into any arbitration proceedings related to this,Agreement,
Nondiscrimination/Equal Employment ment p>> y Opportunity, The parties:agree that there will be
no d isorirnination against any person, and it is expressly understood that upon ra
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determination by a court of competent jurisdiction that discrimination has oc.cumrre-d,,,
this Agreement automatically terminates without any further action on the part of any 00
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party, effective the date of the court order,. The parties agree to ccr°r-wpty wIth all Federa=! c
and Florida statues, and all localordinances. as applicable; relating to
nondiscriminFation, These incluide but are not limited to; 1) Title V II of the Civil Fights
Act of 1964 (PL 06- ), which prohibit discrimination in employment on the basis of
race, color, religion, sex, and national origin; )Title IX of the Education .Amendment
of 1972, as amended ( g° tf 1681-160 , and 16 ®16 6), which prohibits
discrimination on the basis of s,eX; ) Section 04 of the Rehabilitation Act o 1'97 , a
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amended( 794),which prohibits discrlmination on the basis of handicaps; 4) A
The Age Discrimination Act of 11975, as amended (42 USC §§ 6101-6107), which
prohibits discrimination on the basils of age; 6) The Drug Abuse Office and Treatment
Act of 1972 (PL 92- 6), as arntencledi, 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- 16), as amended, relating to �
nondiscrimination o the basis of alcohol abuse or alcoholism; ) The Public Health 06
Service Act of 1912, §§ 523 and 627 (42 USC§§ 690dd-3 and 90ee- ,as amended,
relating to confidentiality of alcohol and drug abase patent records; ) Title VI II of the CL
Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to
nondiscrimination in the sale,, rental or financing of housing; 9') The Americans with, �
Disabilities ,act of 1990 (42 USC §§ 12101 Note) as may be amended from time to
time, relating to nondi .crimina,tion in employment on the basis of disability; 10) Monroe
County Code Chapter 14, Article 11, wNch prohibits discrimination on the basis of race, 06
color, sex, religion, national origin, ancestry, sexual orientation, gender identity or
expression, familial stags or age; and 11) Any other nondiscrimination provisions in
any federal or state statues which, may apply to the parties to, or the subject matter
of, this Agreement,.
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k) Covenant, of No interest, County and Contractor covenant that neither presently has
any interest, and, shall not acquire any interest, which would conflict in any manner or -�
degree with its performance under this Agreement, and that only interest of each is to
perform and receive benefits as recited in this Agreement. 0
l) rode 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 11 . 1 , Florida statutes, regarding, but not
lirnited to, soh6t tion or acceptance of gifts; doing business with one's agency; CL
unauthorized compensation; misuse of public position, conflicting employment or o
contractual relationship, and disclosure or use of certain information,
m) No liicitatio i/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, iridivid'ual, or firm, other than
a bona fide employee working solely for it, any fee, commission, percentage, gift, or
other consideration contingent upon or resulting from the award or making of this
Agreement, For the breach or Violation of the provision, the Contractor agrees that
00
the County shall have the right to terminate this A r eme.nt without liability and, at its,
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discretion, to offset from monies awed, or otherwise recover, the full amount of such 0
fee, commission, percentage„ gift, or consideration.
n) Employment or retention of Former Counity officers or Employees. Contractor
warrants that it has not employed, retained or otherwise had act on its behalf any
former County officer or employee subject to the, prohibition of Section 2 of Monroe
County Ordinance No. 010-1990 or any County officer or employee in violation of r-
Section 3 of Monroe County Ordinance No., 0 0-1 90- Fear breach or violation at M i
provision the County may, in its discretion, terminate this cantract 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.
o) Public Records Compliance., on'`ractor must: comply with Florida public records 06
laws, including but not limited to Chapter 119, Florida Statutes and Section 2A of article
I of the Constitution of Florida- The County and Contractor shall allow arid' permit CL
reasonable amass to, and inspection of, all documents, records, papers, letters or,
other `public record" materials in its possession or under its control subject to the �
provisions of Chapter 119, Florida Statutes, and made or received by the County and
Contractor in conjunction with this contract and related to contract performance. The
County shall have the right to unilaterally cancel this contract upon violation of thla 06
provision by theContractor- Fadure 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 foram of a court proceeding and shall, as a
prevailing party; be entitled to reimbursement of .all attorneys frees and costs
associated with that proceeding. This provision shall survive any termination or
expiration of the contract.
The Contractor is encouraged, to consult with its advisors about Florida Public records
Law in order to comply with this,provision-
Pursuant to Fla. Stat., Sec.. 119,0701 and the terrors and conditions of this contract, the
Contractor is required to:
1j beep and maintain public records that would be required by the County to CL
perform the service.. 0
Upon receipt froim the Count+'s custodian of records, provide the Count with -J
a copy of the requested records or allow the records to bVe inspected or,copied,
within a reasonable time at a cost that does not, exceed the cost provided i
this chapter or as otherwise provided by law.
( ) 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
00
completion of the contract if the contractor does not transfer the records to
the County. 00
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4 Upon completion of the contract, transfer., at no cost, to the County alll Publi
records in possession of the Contractor or keep and rnaintain 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 e erupt or
confidential ,and, exempt from public records disclosure requirements. If the 0
Contractor keeps and maintains public recordis upt n cornplathon of the .A
contract„ the Contractor shall meet all applicable requirements for returning
public recordsAll records stored electronically must be provided to the
County, upon request from the cunt s custodian of records, in a format that
is compatible with the information technology systems of the County-
LM
6j A request to inspect or copy public records relating to a County contract must
be rude directly to, the County, but if the Geunty dries net possess the �
requested records, the County shall, immediately notify the Contractor of the CL
request, and the Contractor must provide the records to the County or allowrr
the records to be inspected or copied) within a reasonable time. �
If the Contractor dares not comply with the Countys request for records, the
Country :shall enforce the public records contract provisions in accordance 06
with the contract, not°s ithst ndirig the County's option and right to usan1laterally
cancel this contract upon violation of this provision, by the Contractor,
Contractor who tails to provide the public reo rds to the County or pursuant
to a valid pkublhc records request within a reasonable time may be subject to
penalties under,Section 119A 0, Florida Statutes,. c
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. 0
IF THE CONTRACTOR HAS QUESTIONSA I I
THE APPLICATION APT 1 ' ' FLORIDA
T , T` THE CONTRACTOR'S, T L
PROVIDE UBLI+ RECORDS RELATING, TO THIS
CONTACT THE CUSTODIAN, OF PUBLIC
COUNTYMONROE '� OFFICE, 1111 12TH
Street, SUITET, FL
P) Non-Waiver of immunity, Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of the Contractor and the County,in this Agregiment and the 00
acquisition of any com ercia,ll liability insurance coverage, self-insurance co erago, orco
local government liability insurance pool coverage shall not be deemed a waiver of
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immunity to the extent. of liability coverage, nor shall any contract entered into by the c
County be required to contain any provision,for waiver.
q) Privileges and Immunities, All of the privileges and immunities from liability,
exemptions from laves, ordinances, and rules and pensions, and relief, disability,.
workers' compensation„ and other benefits which apply to the! activity of officers,,
agents, or employees of any public, agents or employees of the County, when
performing their respective functions under this Agreement vatith,in the territorial limit
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..
_
r Legal Obligations and Responsibilities:,e Jon-Delegation of Constitutional or Statutory �
Duties. This Agreement is not intended to, nor shall it be construed as, relieving any, 06
participatiing entity from any obligation or responsibility imposed upon the entity by law �
except to the extent of actual arid timely performance thereof by any Participating CL
entity, iin 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 Ronda constitution, state statute, and case law,
06
s) Non-Reliance by pion-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 0
inform, counsel, or othervnise indicate that any particular individual or group of �
individuals, entity or entitles, have entitlements or benefits under this Agreement -�
separate and apart, inferior to, or superior to the cornmuni y in, general or for the
purposes contemplated in this Agreement.
t) Attestations. Contractor agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement,
and a Drug-Free Workplace Statement. �
CL
u ) No Personal Liability. No covenant or agreement contained herein shall be deemed o
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 -~u
Monroe County shall be liable personally can this Agreement or be subject to any
personal liability or accountability by reason of the execution of this greement- ,
v) Execution in Counterparts. This Agreement may be executed in any nunmber of
counterparts, each of which shall be regarded as an odgirmal, 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.
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Hold htarrruless, Indemnification, and Defense. Notwithstanding any minimum c
insurance requirements prescribed elsewhere in this Agreement,, Contractor shall
defenud, indemnify aria hold the COUNTY and, the U TY's elected and appointed
officers,and employees harmless from and against(i)any claims., actions or causes of
action, (ii) any litigation, administrative proceedings, appellate proceedings, or ether -�
proceedings,relating to any type of injury(including death), loss, damage, fine,; penalty'
or business interruption, and, (Iii) any costs or expenses that may be asserted against,
inrtrated with respect to, or sustained by, any indemnified party by reason of, or in �
conneotion with,, (A) any activity of Contractor or any of its employees, agents,
contractors or other invitees during the terra of this,Agreement, ) the negligence or
recklessness, intentional wrongful misconduct,error or other wrongful act or omission
of Contractor or any of its employees, agent: ., sub-contractors or other invitees, or
Contractor"s default in respect of any of the obligations that it undertakes under the
terms of this Agreement, except to the extent the clairns, actions, causes of action, 06
litigation, proceedings, costs our expenses arise from the intentional or sole negligent
acts, or omissions of the COUNTY or any of its employees, agents, contractors or CL
iin iitees (other than Contractor), The,monetary,limitation of liability under this contract
shall he equal to the dollar value of the contract and not less than, t million per �
occurrence pursuant to Fla. Stall., Sec, 7 ,06- The limits of liability shall be as set
forth in the insurance requirements of Section 00130 of the RFP. Insofar as tha claim ,
actions, causes of action, litigation, proceedings, costs or expenses relate to events 06
or circurnstances that occur during,the term of this Agreement, this section will survive
the expiration of the. terra of this Agreement or any earlier termination of thisLL
,agreement:,
In the event that the completion of the project(to include the work of others) Is del ye l o
or suspended as a result of the contractor's failure to purchase or maintain the �
required insurance„ the Contractor shall indemnify the County from any and all
Increased expenses resulting from such delay, Should any claims be asserted against
the County by virtue of any deficiency or ambiguity in the plans and specifications
0
provided by the Contractor, the Contractor agrees and warrants that the Contractor
shall hold the County harmless and shall indemnify it from all losses occurring thereby
and shall further defend any claim or action on the ounty's behalf,
The extent of liability is in no way limited to, reduced, or lessened by the insurance CL
requirements contained elsewhere within this Agreement. o
M
Section Headings. Suction headings have been inserted in this,agreement as a matter -J
of convenience of reference reedy, and it is, agreed that such section headings are not
a part of this Agreement.and will not he used in the interpretation of any provision of ,
this,Agreement.
yj Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of true
County that DB 's, as defined in =F. , Part 26, as amende 1, shall have the
opportunity to participate in the performance of contracts financed in whole or in hart
00
with County funds under this agreement, Thee DBE requirements of appli ble federal
and state laws and regulations apply to this Agreement.The ou,nty and its Contractor 00
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C.9.a
agree to ensure that f l 's have the opportunity to participate in the performance of c
the Agreement, In this regard, all recipients and contractors she'll take all necessary
and reasonable steps in accordance with applicable federal and state lawns and
regulations to ensure that DBE's have the opportunity to compete and perform
contracts. The County and contractor and:subcontractors shall not discriminate on the -�
basis of race; color; national origin or sex in award and performance of contracts,
entered pur°sQant to this Agreement, 0
2
Agreements.with, Subcontractors In the event that the Contractor subcontracts any or
all of the work in this project to any third party, the Contractor specifically agrees: to
identify the COUNTY as an additional insured on all insurance policies required by the
County: In addition, the Contractor specifically agrees that all agreements or contracts
of any nature with his subcontractors shall include the COUNTY as additional insured. �
06
aaj Florida Green Building Coalition Standards. Monroe County requires, its buildings to �
conform to Florida Green Building Coalition standards- CL
Special Conditions, if any, are detailed in Section 0 100 of the Project Manual for this �
Project., �
bb) Independent Contractor. At. all times and for all purposes under this Agreement, 06
Contractor its an independent contractor and not an employee of the Board of County
Commissioners of Monroe County. No statement contained in this Agreement shall be °-
construed so as to find Contractor or any of Its employees, subcontractors, servants,
or agents to be employees of the Board of County Commissioners of Monroe Caunty,
0
cc) E-Verify System, Beginning January t, 20211, in accordance with Fla. Stag, Sec::
448.095, the Contractor and any subcontractor shall register with and shall utilize the -�
U- . Department of Homeland Security's -Verify system to verify the work
authorization status of all new employees hired by the Contractor during the. tern-ri of
the Contract and shall expressly requixe any subcontractors performing work or
providing sei-vices pursuant to the Contract to likewise utilize the U.S- Department of
HomelandSecurity's P-Verify system,to verify the work authorization status of all new
employees hired by the subcontractor during the Contract term- Any subcontractor 19
shall provide an affidavit stating that the subcontractor does not employ„ contract with, CL
or subcontract with an unauthorized alien. The Contractor shall comply with and be o
subject to the provisions of, Fla. tat.,, Sec: 448,095.
dd)Entire Agreement, This writing embodies the entire agreement and understandings
between the parties hereto, and there are no other agreements and understandings,
oral or written, with reference to the subject matter hereof that are not merged herein
and superseded hereby. Any amendment to this Agreement shall be in writing
approved by the Board of County Commissiionars, and signed by both parties before
It becomes effective.
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7�7 Any written notices or, correspondence given pursuant to this contract shall be sent: by
United States Flail„ certified., return receipt requested, postage prepaid, or by courier with 00
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proof ofdelivery- The place of giving Notice shell remain the same as setf'orth herein until c
changed in writing in the manner provided, in this paragraph. Notice is deemed received
by Contractor when hand defivered by national courier with proof of delivery or by U.S.
[Mail Ripon verified receipt or upon the date of refusal or rmon-acceptance of delivery,
Notice shall be sent to the following persons:
r
For Contractor; hcourt er� trrticrr Inc 0
16155 SW 117th Avenue 6
Miami F[Drida 3 177
Fort Tier; Director, Facilities Maintenance silt rmt County Admini�strator
TQZ0Q..0varsegLq_HwV,. Suite 219 102050 Overseas H �
Key Lame. Florida 33037 Key Largoa_Flcrida 33037 06
loriroa nunt'w Attorrme 's Office CL
1111 1 '°' Street, Suite 406
Key West„ Florida 33040 �
ARTj,Pi
06
Termination or Suspension _
8.1 The Contract may be terminated by the Owner as provided in .Article 1A of the General
Conditions. c
8,2 In the evert that the Contractor shall be found to be negligent. in any aspect:of service,the
County shall have the right to terminate this Agreement after five(5)calendar days:' written
notification to the Contractor,
0
8,3 Either of the parties hereto may cancel this Agreement,without cause by giving the other
party sixty (60),days' written notice of its intention to do so.
8A Termination for Cause and Remedies: In the event of breach of any contract terms, the
County retains the right.to terminate this Agreement. The County may also terminate this CL
,Agreement for care with ontracter should Contractor fail to perform, the covenants c
herein contained at. time time and in the manner herein provided- In the extent such
termination, prior to termination,the County shall provide Contractor with seventy-two(7 )
hours' written notice and provide the Contractor with an opportunity to cure the brunch
that has occurred, If the breach is not cured, the Agreement will be terminated for cause,
If the County terminates this.Agreement Wth the Contractor„ County shall pay Contractor
the sum due the Contractor under this Agreement prior to termination, runless time cost of
completion, to the County exceed;. the funds remaining in the contract; however, the
ounty,reserves the right to assert and seek an offset for clarriasges caused'by the breach_.
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The maximum amount doe to Contractor shall not in any evert exceed the spending cap
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in this Agreement., In addition, the County reserves all rights available to recoup monies
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paid under this Agreement, including the right to sue for breach of contract and including c
the right to pursue e claim for violation of the ount 's False Claims Ordinance, located
at Section -721 et aL of the Monroe County Code.
8.5 Termination for onvenienc=e, The County may terminate this Agreement for
convenience, at any time, upon thirty ( )days written notice to Contractor. If the County
terminates th[5 Agreement Wth the Contractor, County shall pay Contractor the ,sum due
the Contractor under this Agreement prior to termination, unless the cast of completion to
the County exceeds the fronds remaining in the contract. The rna iertu m amount due to
Contractor shall not exceed the spending cap in this Agreement,
6,6 For Contracts of any amount, if the County determines that the Contractor/Consultant h as
submitted a false certification under Section 67-1 (5), Florida Statutes or has been �
placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a, boycott 06
of Israel, the Counter shall have the option of (1i) terminating the Agreement after it has �
given the Contractor/Consultant written notice and are opportunity to demonstrate the CL
agency's determination of false certification was in error pursuant to Section,
07.1 ( )(a), Florida Statutes, or ( ) maintaining; the Agreement if the conditions of �
Section 07.1 ( , Floridan Statutes„ are met,
.7 For Contracts of $11,000,000 or more, if the County determines, that the 06
Contractor/Consultant submitted a fare certification cruder, Section 67,1 (5), Florida _
Statutes, or if the ContrautorlConsultant has been placed on the Scrutinized Companies
with Activities in the Sudan List, the Scrutinized Companies with .,activities in the Iran
Petroleum Energy Sector List or been engaged in business operatiioEn,$ in Cuba or Syria, 0
the County shall have the option of (1) terminating the Agreement after it has given the �
ontrarctorl onsultaint written notice and an opportunity to demonstrate the agency's
determination of false certlflcation was, in error pursuant to Section 87,1 �5)(a), Florida
Statutes, or( )maintaining the Agreement if the conditions of Section 7'_1 ( ), f lorridia;
Statutes, are met.
ARTICLE g'
Enumeration of Contract Docurnenfts
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9.11 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows,
a) The RFP and all ,addenda and Attachment"A" - Conceptual Site flan and..
. ttachmient'`B - Design Criteria".
b) The RFP proposal response.
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9.1.1 The Agreement is, this executed Standard Form of Agreement Betivaeri Owner and
Contractor:
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91, The General Conditions are the General Conditions of the Contract for onstructi n-
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9,1,3 The Addenda, if any, are as fall€o , c
Number Gate # of Pages
1 W`l / 1
6d 6/ 1
16/ 1
61 1/21
6124121 11
This Agreement is entered into as of the day and year first written above and is executed in at
least one(1) original copy. �
06
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BALANCE OF PAGE INTENTIONALLYLEFT BLANK
SIGNATURE, PAGE TO FOLLOW 06
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Execution by the Contractor must be by a persen,wilh, authority to bind the entity. c
SIGNATURE F THE PERSON EXECUTING T,HE. DOCUMENT MUST BE NOT VZED. �
(SEAL) BOARD OF COUNTY I IO EF
Attest: Kevin in Madio , Clerk OF MONROE,COUNTY, FLORIDA
0
2
By. .
s Deputy Clerk Ma orlCh:airrnan.
Date
06
CONTRACTOR'S t e es Attest: CONTRACTOR.,
Contractor most provide two witnesses OU CTI f I °'
signatures. to E
ur
Sbinat
Signature. r� � Print a e:
06
Print Name: A u ., Title � �
Date: Date-.
and c
ignaturea
Print
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Date: SLA
STATE F r COUNTY OF' Npom® c
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n this day of °' 20 before me, the undersigned notary public,, c
by means Of � physical presence or ❑ orrhine„ personally appeared
,A�2 (name of affix t) known to rye to be the_p2L§2nmba& iiame
i subscribed above or,vyhe produced as identification, and ackno llodged Y
t ra t�e—w —person who e elcu�ted the albove contractithi P onroe ou my for KEY LARD
COMMUNITY I PARK PICKLEBALL COURTS DESIGN AND INSTALLATION for the purposes
therein contained Roth
NotaryEu Ii Com, .Richard� 67 7
Print la:rre . co
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commission expires: ( eaJ), 00
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GENERAL REQUIREMENTS
Where Project Management is Not a Constructor
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Section OQ750 General Conditions >
Section 00970 Project Safety and Health Plan
Section 00,980 Contractor Quality Control Plan
Section 0101 Contractor's U se,of the Pre rnise
Section 01027 plicati n for Payment
ert: �
Section 01,030 Alternates
Section 0 1040 Project Coord,inationCL
�
.ecticn 0104 6 Cutting and Patching
Section 01050 Field Engineering �
,Section 01200 Project Meetings
Section 0 130,1 Submittals
Section 0 13 1 Progress Schedules
06
—
actien 01 70 Schedule of`values
Section 01 8 Daily Construeti on Reports
Section 01395, Request for Infon-nation— ( FI)
Section 01 10 Testing Laboratory Services
'Section 01421 Reference Standards and Definitions, c
Section: 0,1500 Temporary r chliti a �
Sectuon 01520 Construction Aids �
Section 01550 access Loads and. Parking Areas
Section, 011560 Temporary Controls c
Section, 01500 Field! Offices and Sheds —
Section 01 595 Construction Cleaning
Section 011600 Material and Equipment
Section 01630 Post-Proposal Substitutions CL
Section! 01640 Product Handling 0
Section 01700 Contract Closeout
Section 017 10 Final, Cleaning
Section, 01720 Project Record rd ecument
Section, 01730 Operation and Maintenance Data =
Section 01740 Warranties
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ATTACHMENT "A"
Conceptual Site Plan
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Design Criteria06
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ATTACHMENT "B - Design Criteria"
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Site Preparation, Base, and Asphalt:
• Sub base will be graded to a slope of 1% to provide for proper drainage .�
• Base course will be a minimum of 4" of compacted lime rock
• Court will be a minimum of 1" of hot mix asphalt rolled smooth
Fencing
Perimeter fence:
• Will be 8' high
• Corners will be 3" schedule 40 pipe
• Line posts will be 2-1/2" schedule 40 pipe y
• Full top and bottom rails will be provided which will be 1-5/8" schedule 40 pipe
• Fabric will be 1-3/4", 9 gauge
• All components will be vinyl coated, color to be approved by Owner
• Provide sufficient gates to access all courts and to include ADA accessibility
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Interior fence:
• Will be 3-1/2' high N
• Line posts will be 2-1/2" schedule 40 pipe
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• Full top and bottom rails will be provided which will be 1-5/8" schedule 40 pipe
• Provide sufficient access gates or open spaces to permit access to all courts
including ADA accessibility
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• All components will be vinyl coated, color to be approved by Owner
Court Surface
• Low spots shall not exceed 1/16"
• Contractor to provide a texture court surface applied according to
manufacturer's directions with minimum of two (2) coats of final coloring
material applied smoothly with a uniform thickness. Lines will consist of two
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coats of textured line paint recommended by color coating manufacturer.
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Acceptable surface material systems are Plexipave (California Sports Surfaces);
Novaplay (Nova Sports USA); or approved equivalent. CD
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