Item U11 County of Monroe °
BOARD OF COUNTY COMMISSIONERS
Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5
y � Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
County Commission Meeting
June 21, 2023
Agenda Item Summary #12145
BULK ITEM: Yes DEPARTMENT: Facilities Maintenance
TIME APPROXIMATE: STAFF CONTACT: Kevin Wilson (305) 292-4441
n/a
AGENDA ITEM WORDING: Approval to waive the Competitive Solicitation Process set forth in
Chapter 3 of the Purchasing Policy pursuant to Subchapter 7(13) thereof and Award a Contract to
D.L. Porter Constructors, Inc. in the amount of $846,747.00 for the renovation of Bayshore Manor
for the future home of the Supervisor of Elections and authorize the Mayor to execute the Agreement
after approval by the County Attorney's office.
ITEM BACKGROUND:
The building that is currently known as Bayshore Manor has been identified as the future home of
The Supervisor of Elections. For reasons of expediency and to not interfere with the upcoming
elections,primarily the 2024 Presidential election, we are requesting approval from the BOCC for an
emergency waiver of Chapter 3 of the Purchasing Policy pursuant to Chapter 7(13) thereof and
Subsection 2-347(k)(1), Monroe County Code in order move the Supervisor of Elections into their
new building with enough time so as to not have an interruption of an essential governmental
service, such as voting. Additionally, owing to the anticipated large voter turnout for the 2024
Presidential Preference Primary scheduled for March 19, 2024 and the weeks leading up to it with
early voting, the Office of the Supervisor of Elections requires the larger space afforded by the
former Bayshore Manor facility to accommodate the increased turnout.
We are also requesting approval to enter into a contract with D.L Porter Constructors, Inc. for the
renovations of Bayshore Manor to meet the needs of the Supervisor of Elections Office and
authorization for the Mayor to execute the contract once we receive the final executed contract from
D.L. Porter after review and approval by the County Attorney's office. Originally, the Supervisor of
Elections was to enter into the contract with D.L. Porter but, for funding strategy reasons, this
contract is being proposed as a BOCC contract with D.L. Porter. In all other respects the contract is
the same.
Monroe County Code Section 2-347(k)provides as follows:
(k) The board of county commissioners may dispense with the bidding provisions of this section
and contract directly for services, goods or public works in the case of an emergency.
(1) For the purposes of this section, the term "emergency" means:
a. An immediate danger to the public health or safety;
b. A danger of loss of public or private property that requires immediate government
action;
c. An interruption in the delivery of an essential governmental service; or
d. A substantial risk that a funding source of a contract will be diminished or lost
because the time required to competitively award bids after the funds become
available exceeds the time within which the funding source must be spent.
(2) The mayor, or in his absence, the mayor pro tem, may waive the provisions of this
section in an emergency following a natural or manmade disaster. Such a waiver
continues until the first meeting of the board of county commissioners following the
disaster. At that meeting the board may elect to extend the waiver if the emergency so
requires.
(3) Nothing in this section may be construed to prohibit the mayor, mayor pro tem or other
county officer from directly contracting for goods and services on behalf of the county
during an emergency following a natural or manmade disaster when permitted by
statute or the terms of a state or local emergency declaration.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES:
Agreement
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Bayshore Manor Renovation Agreement(Supervisor of Elections Offices) [D.L. Porter Constructors,
Incorporated] (5-16-23) [JXD- Stamped & Signed]
Bayshore Manor_SOE_Draft Agreement
Memorandum- Emergency Waiver of Competitive Procurement Procedures for Renovation of the
Bayshore Manor Building to Accommodate the Offices of the Monroe County Supervisor of
Elections (5-16-23) [JXD
FINANCIAL IMPACT:
Effective Date: 5/17/2023
Expiration Date: 165 days after date of commencement or issuance of Notice to Proceed
Total Dollar Value of Contract: $846,747
Total Cost to County: $846,747
Current Year Portion: $846,747
Budgeted: yes
Source of Funds: 304-24014
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: None
Revenue Producing: no If yes, amount:
Grant: No
County Match: 0
Insurance Required: yes
Additional Details:
06/21/23 NEW COST CENTER ADDED $850,000.00
304-24014
REVIEWED BY:
William DeSantis Completed 05/15/2023 5:23 PM
Rob Tudor Completed 05/15/2023 5:43 PM
Cary Knight Completed 05/15/2023 5:44 PM
Kevin Wilson Completed 05/15/2023 5:48 PM
Joseph DiNovo Completed 05/16/2023 2:48 PM
Purchasing Completed 05/16/2023 3:07 PM
Budget and Finance Completed 05/16/2023 3:08 PM
Brian Bradley Pending
Lindsey Ballard Pending
Board of County Commissioners Pending 06/21/2023 9:00 AM
MEMORANDUM
TO: HONORABLE CRAIG CATES, MAYOR, MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS; ROMAN GASTESI, MONROE COUNTY
ADMINISTRATOR; KEVIN WILSON, ASSISTANT MONROE COUNTY
ADMINISTRATOR; TINA BOAN, DIRECTOR OF MONROE COUNTY
OFFICE OF MANAGEMENT&BUDGET/PURCHASING
CC: WILLIAM DESANTIS, MONROE COUNTY DIRECTOR OF FACILITIES
MAINTENANCE; CARY KNIGHT, MONROE COUNTY DIRECTOR OF
PROJECT MANAGEMENT
FROM: JOSEPH X. DINOVO,ASSISTANT MONROE COUNTY ATTORNEY
RE: EMERGENCY WAIVER OF COMPETITIVE PROCUREMENT
PROCEDURES FOR RENOVATION OF THE BAYSHORE MANOR
BUILDING TO ACCOMMODATE THE OFFICES OF THE MONROE
COUNTY SUPERVISOR OF ELECTIONS
DATE: MAY 1 G, 2023
BACKGROUND
This office has been advised that the Monroe County Office of the Supervisor of Elections must
relocate to what had previously served as the Bayshore Manor Multipurpose Assisted Living Facility
at 5200 College Road; Key West, Florida. The relocation is time critical inasmuch as the renovation
of the facility,its furnishing,the transfer of staff thereto and its operational capability must be achieved
in time for the administration of the primary and general elections scheduled for 2024.This office has
been further advised that the time necessary to competitively procure construction services for the
renovation of Bayshore Manor Multipurpose Assisted Living Facility would delay the performance of
such services and interfere with the ability of the Office of Supervisor to locate her offices in time to
administer the Presidential Preference Primary scheduled for March 2024 and serve the voters of
Monroe County. Additionally, owing to the anticipated large voter turnout for the 2024 Presidential
Preference Primary scheduled for March 19,2024 and the weeks leading up to it with early voting, the
Office of the Supervisor of Elections requires the larger space afforded by the former Bayshore Manor
facility to accommodate the increased turnout.
DISCUSSION
Based upon the information provided above, I conclude the foregoing circumstances constitute an
emergency situation that permits a departure from the normal competitive solicitation process under
Subsection 255.20(1)(c)(1)(c), Florida Statutes, the Monroe County Code and the Monroe County
Purchasing Policy. In this regard, Subsection 255.20(1)(c)(1)(c), Florida Statutes provides, in relevant
part, as follows:
(1) A county, municipality, special district as defined in chapter 189, or other
political subdivision of the state seeking to construct or improve a public building,
structure, or other public construction works must competitively award to an
appropriately licensed contractor each project that is estimated to cost more
than $300,000. For electrical work, the local government must competitively award
an appropriately licensed contractor each project that is estimated to cost more than
$75,000.
(c) The provisions of this subsection do not apply:
1. If the project is undertaken to replace, reconstruct, or repair an existing public
building, structure, or other public construction works (under) urgent circumstances
(that) creates:
c. An interruption of an essential governmental service.
[Emphasis Added]
Moreover, Subsection 2-347(k)(1)(c), Monroe County Code provides:
The board of county commissioners may dispense with the bidding provisions of this section and
contract directly for services,goods or public works in the case of an emergency.
(1) For the purposes of this section, the term "emergency" means:
C. An interruption in the delivery of an essential governmental service;
[Emphasis Added]
2
Finally,Chapter 7(B) of the Monroe County Purchasing Policy provides,in relevant part,as follows:
B. Emergency Purchases
The term "emergency" is as defined in Section 2-347(k)(1) of the Monroe County
Code.
Purchase of commodities and services in the event of a public emergency may be
obtained under the following conditions:
1. The public emergency for the requirements will not permit a delay resulting
from competitive solicitation.
[Emphasis Added]
It is my considered opinion that the time associated with a formal procurement process would
inevitably delay the ability of the Office of Supervisor to locate her offices in time to administer the
Presidential Preference Primary scheduled for March 2024 and serve the voters of Monroe
County. Additionally,owing to the anticipated large voter turnout for the 2024 Presidential Preference
Primary scheduled for March 19, 2024 and the weeks leading up to it with early voting, the Office of
the Supervisor of Elections would be denied the use of the larger space afforded by the former
Bayshore Manor facility to accommodate the increased turnout.
CONCLUSION
Consequently, the foregoing circumstances constitute an emergency for purposes of Subsection
255.20(1)(c)(1)(c),Florida Statutes,Subsection 2-347(k)(1)(c),Monroe County Code and Chapter 7(B),
Monroe County Purchasing Policy.
3
Agreement
Between Owner and D. L. Porter
Constructors, INC
Where the basis of payment is a STIPULATED SUM
AGREEMENT
Made as of the (write out the date)
BETWEEN the Owner: Monroe County Supervisor of Elections
500 Whitehead Street
Key West, Florida 33040
And the Contractor: D.L. Porter Constructors, INC
6574 Palmer Park Circle
Sarasota, FL 34238
For the following Project: BAYSHORE MANOR BUILDOUT FOR SUPERVISOR OF
ELECTIONS
Scope of the Work
The Contractor is required to provide a complete job as contemplated by the drawings, which are
a part of this bid package. The Contractor shall furnish all labor, supervision, materials, power,
tools, equipment, supplies, permits and any other means of construction necessary or proper for
performing and completing the Scope of Work, unless otherwise specifically stated.
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ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda
issued prior to execution of this Agreement, together with the response to RFP and all required
insurance documentation, and Modifications issued after execution of this Agreement. The
Contract represents the entire and integrated agreement between the parties hereto and
supersedes prior negotiations, representations or agreements, either written or oral. An
enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the
event of a discrepancy between the documents, precedence shall be determined by the order of
the documents as just listed.
ARTICLE 2
The Work of this Contract
The Contractor shall execute the entire Work described in the Contract Documents, except to the
extent specifically indicated in the Contract Documents to be the responsibility of others, or as
follows: N/A
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the
Owner.
The Contractor shall achieve Substantial Completion of the entire Work not later than One
Hundred Sixty-Seven (165) calendar days after the date of commencement or issuance
of a Notice to Proceed. The time or times stipulated in the contract for completion of the
work of the contract or of specified phases of the contract shall be the calendar date or
dates listed in the milestone 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 Project
Management's signature of approval on the Certificate of Substantial Completion. The
liquidated damages table below shall be utilized to determine the amount of liquidated
damages.
FIRST SECOND 31ST DAY &
CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER
Under $50,000.00 $50.00/Day $100.00/Day $250.00/Day
$50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day
$100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day
$500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day
The Contractor's recovery of damages and sole remedy for any delay caused by the
Owner shall be an extension of time on the Contract.
Uncontrollable Circumstance. Any delay or failure of either Party to perform its
obligations under this Agreement will be excused to the extent that the delay or failure was
caused directly 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
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have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake,
explosion, tropical storm, hurricane or other declared emergency in the geographic area
of the Project; (c)war, invasion, hostilities (whether war is declared or not), terrorist threats
or acts, riot, or other civil unrest in the geographic area of the Project; (d) government
order or law in the geographic area of the Project; (e) actions, embargoes, or blockades
in effect on or after the date of this Agreement; (f) action by any governmental authority
prohibiting work in the geographic area of the Project; (each, a "Uncontrollable
Circumstance"). Contractor's financial inability to perform, changes in cost or availability
of materials, components, or services, market conditions, or supplier actions or contract
disputes will not excuse performance by Contractor under this Section. Contractor shall
give written notice within seven (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
Supervisor of Elections will not pay additional cost as a result of an Uncontrollable
Circumstance. The Contractor may only seek additional time at no cost to the Supervisor
of Elections as the Owner's Representative may determine.
ARTICLE 4
Contract Sum
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of
the Contract the Contract Sum of Eight Hundred, Forty-Six Thousand, Seven Hundred,
Forty-Seven and 00/100 Dollars ($846,747.00), subject to additions and deductions as
provided in the Contract Documents.
4.2 The Contract Sum is based upon the following alternates, if any, which are described in
the Contract Documents and are hereby accepted by the Owner:
4.3 Unit prices, if any, are as follows: N/A
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Director of
Project Management, and upon approval for payment issued by the Director of Project
Management and Architect, the Owner shall make progress payments on account of the
Contract Sum to the contractor as provided below and elsewhere in the Contract
Documents.
5.2 The period covered by each Application for payment shall be one (1) calendar month
ending on the last day of the month.
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 Code. The Contractor is to submit to the Owner
invoices with supporting documentation. The Owner is exempt from sales and use taxes.
A copy of the tax exemption certificate will be provided by the Owner upon request.
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
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in such form and supported by such data to substantiate its accuracy as the Director of
Project Management may require. This schedule, unless objected to by the Director of
Project Management, shall be used as a basis for reviewing the Contractor's Applications
for Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each portion of
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 dispute may be included in Applications for Payment. The
amount of credit to be allowed by the Contractor to the Owner for a deletion or change
which results in a net decrease in the Contract Sum shall be the net cost to the Owner,
less Overhead, Profit and Documented Costs incurred prior to the change Request, as
indicated in the corresponding line item in the Approved Schedule of Values for that line
item as confirmed by the Director of Project Management.When both additions and credits
covering related Work or substitutions are involved in a change, the allowance for
overhead and profit shall be figured on the basis of net increase, if any, with respect to
that change.
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment
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;
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or
nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions.
5.7 Retainage of five percent (5%)will be withheld in accordance with Section 218.735 (8)(a),
Florida Statutes.
ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the
Owner to the Contractor when (1) the Contract has been fully performed by the Contractor and
the work has been accepted by the Owner except for the Contractor's responsibility to correct
nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy
other requirements, if any, which necessarily survive final payment, and (2) a final approval for
payment has been issued by the Director of Project Management. Such final payment shall be
made by the Owner not more than twenty (20) days after the issuance of the final approval for
payment. The following documents (Samples in Section 01027, Application for Payment) are
required for Final Payment:
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(1) Application and Certificate for Payment
(2) Continuation Sheet
(3) Certificate of Substantial Completion
(4) Contractor's Affidavit of Debts and Claims
(5) Contractor's Affidavit of Release of Liens
(6) Final Release of Lien
(7) Contractor shall provide two (2) hard copies in tabulated divided binders and
one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF)
format delivered on a common form (i.e. flash drive) of all the following, but
not limited to:
A. Project Record Documents (As Built Documents).
B. Operating and maintenance data, instructions to the Owner's personnel.
C. Warranties, bond and guarantees.
D. Keys and keying schedule.
E. Spare parts and maintenance materials.
F. Electronic copies of approved submittals.
G. Evidence of payment and final release of liens and consent of surety to final
release (includes final release from all utilities and utility companies).
H. Copies of either a Certificate of Completion or Certificate of Occupancy issued
by the City of Key West Building Department.
ARTICLE 7
Miscellaneous Provisions
7.1 Where reference is made in this Agreement to a provision of the General Conditions or
another Contract Document, the reference refers to that provision as amended or
supplemented by other provisions of the Contract Documents.
7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act
and Monroe County Code.
7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities, of
the General Conditions.
7.4 Annual Appropriation. Monroe County's performance and obligation to pay under this
contract is contingent upon an annual appropriation by the Board of County
Commissioners. In the event that the County funds on which this Agreement 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 affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any goods
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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 bid, proposal, or reply
on a contract with a public entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to public entity, may not be awarded
or perform work as a contractor, supplier, subcontractor, or consultant under a contract
with any public entity, and may not transact business with any public entity in excess of
the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO
for a period of thirty-six(36) months from the date of being placed on the convicted vendor
list.
7.6 The following items are included in this contract:
a) Maintenance of Records. Contractor shall maintain all books, records, and documents
directly pertinent to performance under this Agreement in accordance with generally
accepted accounting principles consistently applied. Records shall be retained for a
period of seven (7) years from the termination of this Agreement or five (5) years from
the submission of the final expenditure report as per 2 CFR §200.333, if applicable,
whichever is greater. Each party to this Agreement or their authorized representatives
shall have reasonable and timely access to such records of each other party to this
Agreement for public records purposes during the term of the Agreement and for
seven (7) years following the termination of this Agreement. If an auditor employed
by the County or County Clerk determines that monies paid to Contractor pursuant to
this Agreement were spent for purposes not authorized by this Agreement, or were
wrongfully retained by the Contractor, the Contractor shall repay the monies together
with interest calculated pursuant to Section 55.03, Florida Statutes, running from the
date the monies were paid by the Owner.
Right to Audit_
Availability of Records. The records of the parties to this Agreement relating to the
Project, which shall include but not be limited to accounting records (hard copy, as
well as computer readable data if it can be made available; subcontract files (including
proposals of successful and unsuccessful bidders, bid recaps, bidding instructions,
bidders list, etc); original estimates; estimating work sheets; correspondence; change
order files (including documentation covering negotiated settlements); backcharge
logs and supporting documentation; general ledger entries detailing cash and trade
discounts earned, insurance rebates and dividends; any other supporting evidence
deemed necessary by Owner or by the Monroe County Office of the Clerk of Court
and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges
related to this Agreement, and all other agreements, sources of information and
matters that may in Owner's or the County Clerk's reasonable judgment have any
bearing on or pertain to any matters, rights, duties or obligations under or covered by
any contract document (all foregoing hereinafter referred to as "Records") shall be
open to inspection and subject to audit and/or reproduction by Owner's representative
and/or agents of Owner or the County Clerk. Owner or County Clerk may also conduct
verifications such as, but not limited to, counting employees at the job site, witnessing
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 ten (10)years after Final Completion of the Project. The County Clerk
possesses the independent authority to conduct an audit of records, assets, and
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activities relating to this Project. If an auditor employed by the County or County Clerk
determines that monies paid to Contractor pursuant to this Agreement were spent for
purposes not authorized by this Agreement, or were wrongfully retained by the
Contractor, the Contractor shall repay the monies together with interest calculated
pursuant to Section 55.03, Florida Statutes, running from the date the monies were
paid to Contractor. The Right to Audit provisions survive the termination or expiration
of this Agreement.
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be performed entirely in the State. In the event
that any cause of action or administrative proceeding is instituted for the enforcement
or interpretation of this Agreement, the County and Contractor agree that venue shall
lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida. The Parties waive their rights to trial by jury. The County and
Contractor agree that, in the event of conflicting interpretations of the terms or a term
of this Agreement by or between any of them, the issue shall be submitted to mediation
prior to the institution of any other administrative or legal proceeding.
c) Severability. If any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected thereby;
and each remaining term, covenant, condition and provision of this Agreement shall
be valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement.
The County and Contractor agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
d) Attorney's Fees and Costs. The County and Contractor agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party
relative to the enforcement or interpretation of this Agreement, the prevailing party
shall be entitled to reasonable attorney's fees and court costs as an award against the
non-prevailing party and shall include attorney's fees and court costs in appellate
proceedings.
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.
f) Authority. Each party represents and warrants to the other that the execution, delivery
and performance of this Agreement have been duly authorized by all necessary
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.
g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and
is, empowered to apply for, seek, and obtain federal and state funds to further the
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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.
h) Adjudication of Disputes or Disagreements. County and Contractor agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer
sessions between representatives of each of the parties. If the issue or issues are still
not resolved to the satisfaction of the parties, then any party shall have the right to
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 Section 7.4, Section 7.6 or Article 8 concerning termination or
cancellation.
i) Cooperation. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this
Agreement, County and Contractor agree to participate, to the extent required by the
other party, in all proceedings, hearings, processes, meetings, and other activities
related to the substance of this Agreement or provision of the services under this
Agreement. County and Contractor specifically agree that no party to this Agreement
shall be required to enter into any arbitration proceedings related to this Agreement.
j) Nondiscrimination/Equal Employment Opportunity. The parties 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. The parties agree to comply with all Federal
and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights
Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of
race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment
of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC § 794), which prohibits discrimination on the basis of disability; 4)
The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment
Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of
drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the
Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC §§ 12101 Note), as may be amended from time to
time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe
County Code Chapter 14, Article II, which prohibits discrimination on the basis of race,
color, sex, religion, national origin, ancestry, sexual orientation, gender identity or
expression, familial status or age; and 11) any other nondiscrimination provisions in
any federal or state statutes 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.
1) Code of Ethics. County agrees that officers and employees of the County recognize
and will be required to comply with the standards of conduct for public officers and
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.
m) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself,
it has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Agreement and that it has not
paid or agreed to pay any person, company, corporation, individual, or firm, other than
a bona fide employee working solely for it, any fee, commission, percentage, gift, or
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.
n) Employment or Retention of Former County 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
Section 3 of Monroe County Ordinance No. 020-1990. For breach or violation of this
provision the County may, in its discretion, terminate this contract without liability and
may also, in its discretion, deduct from the contract or purchase price, or otherwise
recover the full amount of any fee, commission, percentage, gift, or consideration paid
to the former County officer or employee.
o) Public Records Compliance. Contractor must comply with Florida public records
laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article
I of the Constitution of Florida. The County and Contractor shall allow and permit
reasonable access to, and inspection of, all documents, records, papers, letters or
other "public record" materials in its possession or under its control subject to the
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
prevailing party, be entitled to reimbursement of all attorney's fees and costs
associated with that proceeding. This provision shall survive any termination or
expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records
Law in order to comply with this provision.
Page 9 of 28
Pursuant to Section 119.0701, Florida Statutes and the terms and conditions of this
contract, the Contractor is required to:
(1) Keep and maintain public records that would be required by the County to
perform the service.
(2) Upon receipt from the County's custodian of records, provide the County
with a copy of the requested records or allow the records to be inspected
or copied within a reasonable time at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law for the duration of the contract term and following
completion of the contract if the contractor does not transfer the records to
the County.
(4) Upon completion of the contract,transfer, at no cost,to the County all public
records in possession of the Contractor or keep and maintain public
records that would be required by the County to perform the service. If the
Contractor transfers all public records to the County upon completion of the
contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements. If the Contractor 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 the public records contract provisions in accordance with the contract,
notwithstanding the County's option and right to unilaterally cancel this contract upon
violation of this provision by the Contractor.A Contractor who fails to provide the public
records to the County or pursuant to a valid public records request within a reasonable
time may be subject to penalties under Section 119.10, Florida Statutes.
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
Page 10 of 28
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-
3470 BRADLEY-BRIAN@MONROECOUNTY-FL.GOV, MONROE
COUNTY ATTORNEY'S OFFICE, 1111 12TH Street, SUITE 408,
KEY WEST, FL 33040.
p) Non-Waiver of Immunity. Notwithstanding the provisions of Section 768.28, Florida
Statutes, the participation of the Contractor and the County in this Agreement and the
acquisition of any commercial liability insurance coverage, self-insurance coverage, or
local government liability insurance pool coverage shall not be deemed a waiver of
immunity to the extent of liability coverage, nor shall any contract entered into by the
County be required to contain any provision for waiver.
q) Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers,
agents, or employees of any public agents or employees of the County, when
performing their respective functions under this Agreement within the territorial limits
of the County shall apply to the same degree and extent to the performance of such
functions and duties of such officers, agents, volunteers, or employees outside the
territorial limits of the County.
r) Legal Obligations and Responsibilities: 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.
s) Non-Delegation of Constitutional or Statutory Duties: This Agreement is not intended
to, nor shall it be construed as, authorizing the delegation of the constitutional or
statutory duties of the County, except to the extent permitted by the Florida
constitution, state statute, and case law.
t) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the
terms, or any of them, of this Agreement to enforce or attempt to enforce any third-
party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the County and the Contractor agree that neither the County nor the
Contractor or any agent, officer, or employee of either shall have the authority to
inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement
separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
u) 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.
v) 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
Page 11 of 28
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.
w) 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.
x) Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum
insurance requirements prescribed elsewhere in this Agreement, Contractor shall
defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed
officers and employees harmless from and against (i) any claims, actions or causes of
action, (ii) any litigation, administrative proceedings, appellate proceedings, or other
proceedings relating to any type of injury (including death), loss, damage, fine, penalty
or business interruption, and (iii) any costs or expenses that may be asserted against,
initiated with respect to, or sustained by, any indemnified party by reason of, or in
connection with, (A) any activity of Contractor or any of its employees, agents,
contractors or other invitees during the term of this Agreement, (B) the negligence or
recklessness, intentional wrongful misconduct, errors or other wrongful act or omission
of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C)
Contractor's default in respect of any of the obligations that it undertakes under the
terms of this Agreement, except to the extent the claims, actions, causes of action,
litigation, proceedings, costs or expenses arise from the intentional or sole negligent
acts or omissions of the COUNTY or any of its employees, agents, contractors or
invitees (other than Contractor). The monetary limitation of liability under this contract
shall be not less than $1 million per occurrence pursuant to Section 725.06, Florida
Statutes. The limits of liability shall be as set forth in the insurance requirements
included in this Agreement. Insofar as the claims, actions, causes of action, litigation,
proceedings, costs or expenses relate to events or circumstances that occur during
the term of this Agreement, this section will survive the expiration of the term of this
Agreement or any earlier termination of this Agreement.
In the event that the completion of the project (to include the work of others) is delayed
or suspended as a result of the Contractor's failure to purchase or maintain the
required insurance, the Contractor shall indemnify the County from any and all
increased expenses resulting from such delay. Should any claims be asserted against
the County by virtue of any deficiency or ambiguity in the plans and specifications
provided by the Contractor, the Contractor agrees and warrants that the Contractor
shall hold the County harmless and shall indemnify it from all losses occurring thereby
and shall further defend any claim or action on the County's behalf.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this Agreement.
This indemnification shall survive the termination of this Contract. Nothing contained
in this paragraph is intended to nor shall it constitute a waiver of the County's sovereign
immunity.
y) Section Headings. Section headings have been inserted in this Agreement as a matter
of convenience of reference only, and it is agreed that such section headings are not
Page 12 of 28
a part of this Agreement and will not be used in the interpretation of any provision of
this Agreement.
z) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the
County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part
with County funds under this agreement. The DBE requirements of applicable federal
and state laws and regulations apply to this Agreement. The County and its Contractor
agree to ensure that DBE's have the opportunity to participate in the performance of
the Agreement. In this regard, all recipients and contractors shall take all necessary
and reasonable steps in accordance with applicable federal and state laws and
regulations to ensure that DBE's have the opportunity to compete and perform
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 pursuant to this Agreement.
aa)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.
bb) Florida Green Building Coalition Standards. Monroe County requires its buildings to
conform to Florida Green Building Coalition standards.
Special Conditions, if any, are detailed in Section 00100 of the Project Manual for this
Project.
cc) Independent Contractor. At all times and for all purposes under this Agreement,
Contractor is an independent contractor and not an employee of the Board of County
Commissioners of Monroe County. No statement contained in this Agreement shall be
construed so as to find Contractor or any of its employees, subcontractors, servants,
or agents to be employees of the Board of County Commissioners of Monroe County.
dd) E-Verify System. Beginning January 1, 2021, in accordance with Section 448.095,
Florida Statutes, the Contractor and any subcontractor shall register with and shall
utilize the U.S. Department of Homeland Security's E-Verify system to verify the work
authorization status of all new employees hired by the Contractor during the term of
the Contract and shall expressly require any subcontractors performing work or
providing services pursuant to the Contract to likewise utilize 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 Section 448.095, Florida Statutes.
ee) Entire Agreement. This writing embodies the entire agreement and understanding
between the parties hereto, and there are no other agreements and understandings,
oral or written, with reference to the subject matter hereof that are not merged herein
and superseded hereby. Any amendment to this Agreement shall be in writing,
Page 13 of 28
approved by the Board of County Commissioners, and signed by both parties before
it becomes effective.
7.7 Any written notices or correspondence given pursuant to this contract shall be sent by
United States Mail, certified, return receipt requested, postage prepaid, or by courier with
proof of delivery. The place of giving Notice shall remain the same as set forth herein until
changed in writing in the manner provided in this paragraph. Notice is deemed received
by Contractor when hand delivered by national courier with proof of delivery or by U.S.
Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery.
Notice shall be sent to the following persons:
For Contractor: Gary A. Loer, President
D.L. Porter Constructors, Incorporated
6574 Palmer Park Circle
Sarasota, Florida 34238
For Owner: Director of Project Management Assistant County Administrator, PW& E
1100 Simonton St., Room 2-216 1100 Simonton St.
Key West, Florida 33040 Key West, Florida 33040
County Attorney
1111 121h Street, Suite 408
Key West, Florida 33040
ARTICLE 8
Termination or Suspension
8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General
Conditions.
8.2 In the event that the Contractor shall be found to be negligent in any aspect of service, the
County shall have the right to terminate this Agreement after five (5) calendar days'written
notification to the Contractor.
8.3 Either of the parties hereto may cancel this Agreement without cause by giving the other
party sixty (60) days' written notice of its intention to do so.
8.4 Termination for Cause and Remedies: In the event of breach of any contract terms, the
County retains the right to terminate this Agreement. The County may also terminate this
Agreement for cause with Contractor should Contractor fail to perform the covenants
herein contained at the time and in the manner herein provided. In the event of such
termination, prior to termination, the County shall provide Contractor with seventy-two (72)
hours' written notice and provide the Contractor with an opportunity to cure the breach
that has occurred. If the breach is not cured, the Agreement will be terminated for cause.
If the County terminates this Agreement with the Contractor, County shall pay Contractor
the sum due the Contractor under this Agreement prior to termination, unless the cost of
completion to the County exceeds the funds remaining in the contract; however, the
Page 14 of 28
County reserves the right to assert and seek an offset for damages caused by the breach.
The maximum amount due to Contractor shall not in any event exceed the spending cap
in this Agreement. In addition, the County reserves all rights available to recoup monies
paid under this Agreement, including the right to sue for breach of contract and including
the right to pursue a claim for violation of the County's False Claims Ordinance, located
at Section 2-721 et al. of the Monroe County Code.
8.5 Termination for Convenience: The County may terminate this Agreement for convenience,
at any time, upon thirty (30) days' written notice to Contractor. If the County terminates
this Agreement with the Contractor, County shall pay Contractor the sum due the
Contractor under this Agreement prior to termination, unless the cost of completion to the
County exceeds the funds remaining in the contract. The maximum amount due to
Contractor shall not exceed the spending cap in this Agreement.
8.6 For Contracts of any amount, if the County determines that the Contractor/Consultant has
submitted a false certification under Section 287.135(5), Florida Statutes or has been
placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott
of Israel, the County shall have the option of (1) terminating the Agreement after it has
given the Contractor/Consultant written notice and an opportunity to demonstrate the
agency's determination of false certification was in error pursuant to Section
287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of
Section 287.135(4), Florida Statutes, are met.
8.7 For Contracts of $1,000,000 or more, if the County determines that the
Contractor/Consultant submitted a false certification under Section 287.135(5), Florida
Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies
with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria,
the County shall have the option of (1) terminating the Agreement after it has given the
Contractor/Consultant written notice and an opportunity to demonstrate the agency's
determination of false certification was in error pursuant to Section 287.135(5)(a), Florida
Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida
Statutes, are met.
ARTICLE 9
Enumeration of Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows:
a) Drawings: James C. Reynolds, P.E.; Reynolds Engineering Services,
Incorporated 15 March 2023
b) Project Manual: N/A
Page 15 of 28
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: N/A
9.1.4 The Addenda, if any, are as follows:
Number Date Page
This Agreement is entered into as of the day and year first written above and is executed in at
least one (1) original copy.
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
Page 16 of 28
SIGNATURE PAGE
Execution by the Contractor must be by a person with authority to bind the entity.
SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA
By: By:
As Deputy Clerk Mayor/Chairman
Date
(SEAL)
.._w, rrswawT : 11
�i€.urw--wr
e n, 5-16-2023
CONTRACTOR'S Witnesses Attest: CONTRACTOR: DL PORTER
CONSTRUCTORS, INC.
Contractor must provide two witnesses
signatures Signature:
Signature: Print Name:
Print Name: Title:
Date: Date:
and
Signature:
Print Name:
Date:
STATE OF COUNTY OF
On this day of , 20 before me, the undersigned notary public,
by means of ❑ physical presence or ❑ online, personally appeared
, (name of affiant) known to me to be the person whose name
is subscribed above or who produced as identification, and acknowledged
that he/she is the person who executed the above contract with Monroe County for BAYSHORE
MANOR BUILDOUT FOR SUPERVISOR OF ELECTIONS for the purposes therein contained.
Notary Public
Print Name
My commission expires: (Seal)
Page 17 of 28
APPLICATION FOR PAYMENT
1. SUMMARY
This section provides procedures for preparation and submittal of Applications for
Payment.
2. FORMAT
The Application for Payment including the Continuation Sheet is the required format for
submitting invoices. A copy of these forms is included in this section. The Owner reserves
the right to modify the format to better suit his internal accounting system.
3. SUBMITTAL PROCEDURES
A. The initial Application for Payment will not be processed until the Contractor's
Construction Schedule, Schedule of Values, and the initial Submittal
Schedule have been received, reviewed, and approved by Project Management.
B. Submit an updated Construction Schedule and Submittal Schedule and a Partial
Release of Lien with each Application for Payment.
C. Payment shall be made according to the Local Government Prompt Payment Act,
Sec. 218.70 et seq., Florida Statutes.
D. The Supervisor of Elections makes every effort to meet the payment schedule. It
is requested that the contractor not make any calls to any County office inquiring
about payment until the twentieth (20th) day after submission of the pay request.
4. MONTHLY PAY REQUEST PROCEDURE
A. Project Management to review as-builts as to current additions, corrections, etc.,
prior to monthly approval to ensure as-builts are current.
5. FINAL PAY PROCEDURE
A. To help expedite the final payment, it is necessary for Project Management to have
a correct and complete package of documents twenty (20) days in advance of
requested pay date.
B. A minimum of ten (10)working days is required from receipt of correct documents,
to obtain necessary signatures and submit project for Final Payment. Contractor
shall submit all required forms and releases to Project Management. The following
documents (samples attached) are required for Final Payment:
(1) Application and Certificate for Payment
(2) Continuation Sheet
(3) Certificate of Substantial Completion
(4) Contractor's Affidavit of Debts and Claims
(5) Contractor's Affidavit of Release of Liens
(6) Final Release of Lien
Page 18 of 28
Also, all warranties and guarantees required by Contract, "As-Built" drawings, including
red-lined site plan, submittal documents, certification that all utility bills (i.e., electric, local
water) have been paid, and a complete list of subcontractors with addresses and phone
numbers must be submitted prior to final payment in both bound paper and electronic PDF
form.
C. It is the Contractor's responsibility to ensure the completeness of the Final Pay
Package. Incompleteness will result in delay of Final Pay. Final Pay Requests will
not be processed until all the required documents are received by Monroe County
Project Management. Final Pay Request must be submitted no later than thirty
(30) days after final project completion and acceptance.
6. SUBSTANTIATING DATA
A. When the Owner's Representative requires substantiating information, submit data
justifying dollar amounts in question.
B. Provide one (1) copy of data with cover letter for each copy of submittal. Indicate
Application number, date, line item by number and description.
Page 19 of 28
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CERTIFICATE OF SUBSTANTIAL COMPLETION
PROJECT: CONTRACT FOR:
(Name and address) CONTRACT DATE:
TO OWNER: TO CONTRACTOR:
(Name and address) (Name and address)
DATE OF ISSUANCE:
PROJECT OR DESIGNATED PORTION SHALL INCLUDE:
The Work performed under this Contract has been reviewed and found, to the Project Manager's best
knowledge, information and belief, to be substantially complete. Substantial Completion is the stage in the
progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance
with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. The date
of Substantial Completion of the Project or portion thereof designated above is hereby established as:
which is also the date of commencement of applicable warranties required by the Contract Documents,
except as stated below:
A list of items to be completed or corrected is attached hereto. The failure to include any items on such
list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract
Documents.
INSPECTOR BY DATE
(if used)
The Contractor will complete or correct the Work on the list of items attached hereto within the above date
of Substantial Completion.
CONTRACTOR BY DATE
The Owner accepts the Work or designated portion thereof as substantially complete and will assume full
possession thereof at (time), on
(date).
OWNER BY DATE
The responsibilities of the Owner and the Contractor for security, maintenance, heat, utilities, damage to
the Work and insurance shall be as follows:
Note-Owners and Contractors legal and insurance counsel should determine and review insurance requirements
and coverage.
Page 22 of 28
SCHEDULE OF VALUES
1.1 SUMMARY
A. Section includes: Contractor submission of a Schedule of Values.
1. The Schedule of Values allocated to the various portions of the Work by
Divisions shall be submitted to Project Management within three (3) days
after Notice to Proceed.
2. No item in the Schedule of Values shall exceed $25,000.00 without prior
approval from Monroe County Supervisor of Elections.
3. Upon request of Project Management, revise and/or support the values
with data which will substantiate their correctness.
4. The Schedule of Values forms the basis for the Contractor's Applications
for Payment.
5. The Schedule of Values shall be the basis for the amount of credit to be
allowed by the Contractor to the Owner as per 5.6.1 of the Contract.
1.2 FORM AND CONTENT OF SCHEDULE OF VALUES
A. Type schedule on AIA G703 Form; the Contractor's standard forms and automated
printout will be considered by Project Management upon the Contractor's request.
Identify schedule with:
1. Title of Project and location
2. Architect/Engineer
3. Name and Address of the Contractor
4. Contract designation
5. Date of submission
B. List the installed value of the component parts of the Work in sufficient detail to
serve as a basis for computing values for progress payments during construction.
C. Follow the Specifications as the format for listing component items.
1. Identify each line item with the number and title of the respective major
section of the Specifications.
D. Itemize separate line item cost for each of the following general cost items:
1. Mobilization.
2. Bonds, Insurance and Permits.
3. Clean-up.
4. Submittals.
5. Safety.
E. For each major line item list sub-values of major products or operations under the
item.
F. For the various portions of the Work:
Page 23 of 28
CONTRACT CLOSEOUT
PART 1 —GENERAL
1.1 PROJECT TERMINATION
A. The Contract requirements are met when construction activities have successfully
produced, in this order, these three (3) terminal activities:
1. Substantial Completion.
2. Final Completion.
3. Final Payment.
1.2 NOTICE OF SUBSTANTIAL COMPLETION
A. Contractor shall submit to Project Management when work is substantially
complete:
1. A written notice that the Work, or designated portion thereof, is substantially
complete.
2. Request Substantial Completion Observation at a mutually agreeable date.
3. Certifications of systems and testing/balancing final reports.
4. Submit evidence of compliance with requirements of governing authorities:
a. Certificate of Occupancy (or Completion)
b. Certificates of Inspection as applicable:
1) Electrical systems if required by Code
B. Within a reasonable time after receipt of such notice, the Owner and the Contractor
will make an observation to determine the status of completion.
C. Should the Owner determine that the work is not substantially complete, the
following will occur:
1. The Owner will promptly notify the Contractor in writing, giving the reasons.
2. The Contractor shall remedy the deficiencies in the Work, and send a
second written notice of substantial completion to the Owner.
3. The Owner will re-observe the Work.
D. When the Owner concurs that the Work is substantially complete, the following will
occur:
1. Project Management will prepare a Certificate of Substantial Completion
accompanied by the Punch List of items to be completed or corrected, as
verified and amended by Project Management. Contract responsibilities
are not altered by inclusion or omission of required Work from the punch
list.
2. The Owner will submit the certificate to the contractor for written
acceptance of the responsibilities assigned to them in the certificate.
E. Contractor shall complete or correct items identified on the punch list and required
by the Contract requirements within time limit established by the certificate.
Page 24 of 28
1.3 FINAL COMPLETION
A. To attain final completion, the Contractor shall complete activities pertaining to
substantial completion, complete Work on punch list items and submit written
request to the Owner for final inspection within thirty (30) calendar days of date of
substantial completion.
B. When the Work is complete, the Contractor shall submit written certification that:
1. The Contract Documents have been reviewed.
2. Work has been inspected for compliance with the Contract
Documents.
3. Work has been completed in accordance with the Contract
Documents.
4. Equipment and systems have been tested in the presence of the Owner's
representative and are operational.
5. Work is completed and ready for final observation.
C. The Owner and the Contractor will make an inspection to verify the status of
completion with reasonable promptness after receipt of such certification.
D. Should the Owner consider that the Work is incomplete or defective:
1. The Owner will promptly notify the Contractor in writing, listing the
incomplete or defective work.
2. The Contractor shall take immediate steps to remedy the stated
deficiencies and send a second written certification to the Owner that the
Work is complete.
3. The Owner will re-inspect the Work.
E. When the Work is acceptable under the Contract Documents as determined by the
Owner, the Owner will request the Contractor to make close-out submittals.
Warranties & Guarantees for everything will begin at Substantial Completion.
1.4 THE CONTRACTOR'S CLOSEOUT SUBMITTALS TO THE OWNER
Contractor shall provide two(2) hard copies in tabulated divided binders and one(1)saved
electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a
common electronic form (i.e. flash drive) of the all the following but not limited to:
A. Project Record Documents (As Built Documents).
B. Operating and maintenance data, instructions to the Owner's personnel.
C. Warranties, bond and guarantees.
D. Keys and keying schedule.
E. Spare parts and maintenance materials.
F. Electronic copies of approved submittals.
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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).
1.5 FINAL ADJUSTMENT OF ACCOUNTS
A. Submit a final statement of accounting to the Owner.
B. Statement shall reflect adjustments to the Contract Sum:
1. The original Contract Sum
2. Additions and deductions resulting from:
a. Previous Change Orders.
b. Allowances.
C. Deductions for uncorrected Work.
d. Deductions for Liquidated Damages.
e. Deductions for Re-inspection Payments.
f. Other Adjustments.
C. The Owner will prepare a final Change Order, reflecting adjustments to the
Contract Sum which were not previously made by Change Orders.
1.6 FINAL APPLICATION FOR PAYMENT
A. The Contractor shall submit the final Application for Payment in accordance with
procedures and requirements stated in the Conditions of the Contract.
1. Include a directly proportional amount of the Contractor's overhead and
profit for each item.
2. For items on which progress payments will be requested for stored
materials, break down the value into:
a. The cost of the materials, delivered and unloaded, with taxes paid.
b. The total installed value.
C. Attach vendor invoices.
d. No progress payments will be made for any materials stored off site.
3. Submit a sub-schedule for each separate stage of work specified.
G. The sum of values listed in the schedule shall equal the total Contract Sum.
1.3 REVIEW AND SUBMITTAL
A. After review by Project Management, revise and resubmit schedule (and Schedule
of Material Values) as required.
B. Resubmit revised schedule in same manner.
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BAYSHORE MANOR BUILDOUT
FOR SUPERVISOR OF ELECTIONS
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