Item E29
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 19.2008 Division: Engineering
Bulk Item: Yes --X- No - Department: _Facilities Development
Staff Contact PersonlPhone #: Jeny Barnett X4416
AGENDA ITEM WORDING: Approval of a First Amendment for the Environmental Wetland
Mitigation of the Medical Examiner's Facility contract, deleting the five year maintenance and reporting
period, to establish a new Agreement to include the five year maintenance and reporting plan.
ITEM BACKGROUND: The Contract for the Environmental Wetland Mitigation includes an
alternate to perform a five year maintenance and annual reporting period for $27,500.00. The main
purpose of the contract is for the construction and creation of the Environmental Wetlands. A five-year
maintenance agreement would keep the construction contract open for five additional years.
PREVIOUS RELEVANT BOCC ACTION: On June 18,2008, the BOCC granted approval of an
award of bid and contract with B.A T. Construction, Inc. for the Environmental Wetlands Mitigation at
the new Medical Examiner's Facility for an amount of $447,990.00.
CONTRACT/AGREEMENT CHANGES: Delete from the original contract dated June 18, 2008,
Article 4 paragraph 4.2 Alternate No. 1 for the contractor to perform the maintenance and annual
reporting during the five year initial monitoring period at a cost of$27,500.oo.
STAFF RECOMMENDATIONS: Approval as stated above. Staff recommends to establish a new
five year agreement with the contractor for the maintenance and annual reporting.
TOTAL COST: Deduct 0($27.500.00 BUDGETED: Yes --X- No -
COST TO COUNTY: N/A SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes - No -X AMOUNT PER MONTH_ Year
-
APPROVED BY: County Arty ~O~Chasing_ Risk Management _
DOCUMENTATION: Included X Not Required_
DISPOSmON: AGENDA ITEM #
Revised 11106
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: RA. T. Construction Contract #_
Effective Date: 11/19/08
Expiration Date:
Contract Purpose/Description:
To deduct $27,500.00 from the Environmental Wetlands Mitigation Contract
Contract Manager: Ann Riger X4549 Facilities DeveVStop #1
(Name) (Ext. ) (Department/Stop #)
for BOCC meetin~ on 11/19/08 Agenda Deadline: 11/04/08
CONTRACT COSTS
Total Dollar Value of Contract: $ N/A Current Year Portion: $ N/A
Budgeted? Yesl2:SJ NoD Account Codes: 307-26501-560620-CH0301-530340
Grant: $ N/A - - - -
-----
County Match: $ N/A - - - -
-----
- - - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) ( maintenance, utilities,' . rial, salaries, etc.)
CONTRACT REVIEW
Changes Date Out
Date In Need~
Division Director 11~fZ,'(Jtf> YesDN '
Risk Ma~me"ttl, 11- ~-ov' YesO Nd -
t'j&. ~\) d
OMBJPurc~ing iI-1~~ YesON ~z'-I-
County Attorney I~ YesD N~
Comments:
OMB Form Revised 2/27/01 MCP #2
FIRST AMENDMENT TO CONTRACT
FOR THE ENVIRONMENTAL WETLAND MITIGA nON AT THE
MEDICAL EXAMINER'S FACILI1Y
This Amendment is made and entered this 1€Jh day of November, 2008, between
the COUNTY OF MONROE, ("Qwner") and B.A T. CONSTRUCTION, INC.
("Contractor") in order to amend the Contract between the parties dated June 18, 2008 for
the Environmental Wetlands Mitigation at the new Medical Examiner's Facility, as
follows:
WITNESSETH
WHEREAS, on June 18, 2008, the parties entered into a construction and
creation of the Environmental Wetland Mitigation Plan at the new Medical Examiner's
Facility which includes a five year monitoring period to perfonn the maintenance and
annual reporting.
IN CONSIDERATION of the mutual promises contained herein. the parties
hereby agree as follows:
1. ARTICLE 4, paragraph 4.2, Alternate NO.1 shall be deleted from the original
contract of June 18,2008 thereby reducing the cost by $27,500.00 from $447,990.00 to
$420,490.00, and a new Agreement between the parties shall be initiated to include the
same five YeM maintenance and reporting plan for $27,500.00.
2. The remaining terms of the Agreement, not inconsistent herewith, shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the
day and year first written above.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATIEST: DANNY L. KOLHAGE, CLERK. OF MONROE COUNlY, FLORIDA
By By
Deputy Clerk Mayor/Chainnan
CONTRACTOR
B.A.T. on, Inc.
By
Title:
itness
MONROE OUNTY ATTOV
~OVED AS TO 'L1
NATILEENE W. CASSEL
ASSISTANT COUNTY ATTOR"lEY
Date Iljarj~--
Medical Examiner's Facilitv - Miti~atiQn
Agreement
Between Owner and Contractor
where the basis of payment is a STIPULA TED SUM
AGREEMENT
made as of the Eighteenth day of June in the year of Two Thousand and Eight
(In Words, indicate day, month and year,)
BETWEEN the Owner: Monroe County Board of County Commissioners
(Name and address) 500 Whitehead Street
Key West, Florida 33040
and the Contractor: B.A. T. Construction, Inc.
(Name and address) 127 Industrial Road, Suite E
Big Pine Key, Fl 33043
For the following Project: ENVIRONMENTAL WETLANDS MlnGA nON MEDICAL
EXAMINER'S FACILITY, MM 56.5, CRAWL KEY MARATHON, FLORIDA
The Scope of Work consists of the construction and creation of the Environmental Wetland
Mitigation Plan for the preservation of 0.62 acre of existing mangrove wetlands, the creation of
0.43 acre of new mangrove wetlands from existing uplands and the creation of 0.14 acres of
transitional, vegetated buffer at the project site known as the Monroe County Medical Examiners
Facility.and related construction .as shown on the Construction Documents, Drawings and
included in the Technical Specifications,
Facilities Development The Director of Facilities Development
Monroe County Facilities Development
1100 Simonton Street
Second Floor- Room 2-216
Key West, Florida 33040
The Architect is: Harvard Jolly Clees Toppe Architects, P.A.
3201 W. Commercial Blvd. Suite 225
Ft. Lauderdale. FL 33309
The Owner and Contractor agree as set forth below.
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Medical Examiner's Facility - Miti~ation
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to
execution of this Agreement, bid documents, other documents listed in this Agreement and
Modifications issued after execution of this Agreement: these form the Contract, and are as
fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract
represents the entire and integrated agreement between the parties hereto and supersedes
prior negotiations, representations or agreements, either written or oral. An enumeration of the
Contract Documents, other than Modifications, appears in Article 9.
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:
Scope of Work as specified in the Project Manual for this project, Section 00300.
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2
is measured, and shall be the date of this Agreement, as first written above, unless a different
date is stated below or provision is made for the date to be fixed in a notice to proceed issued
by the Owner.Unless the date of commencement is estabflshed by a notice to proceed issued
by the Owner, the Contractor shall notify the Owner, through the Director of Facilities
Development, in writing not less than five days before commencing the Work.
The Contractor shall achieve Substantial Completion of the entire Work not later than one
hundred eighty (180) 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 Facilities Development'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.oo/Day $1oo.00/Day $250.oo/Day
$50,000.00-99,999.00 100,OOlDay 200.oo/Day 750.oo/Day
$100,000.00-499,999.00 2oo.oolDay 5oo.00/Day 2,OOO.OO/Day
$500,000.00 and Up 5oo.oolDay 1,OOO.OO/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.
ARTICLE 4
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Medical Examiner's Facility - Mitigation
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 Four Hundred Forty-Seven Thousand, Nine Hundred
Ninety Dollars and 00/100
Dollars ($447.990.00), 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:
Alternate NO.1: Cost to perform the maintenance and annual reporting during the Five Year
initial monitoring period is Twenty Seven Thousand Five Hundred Dollars and 00/100
($27,500.00).
Alternate No.2: Cost to remove and legally dispose of off.site the four (4) fuel tanks In the
debris field is Four Thousand Eight Hundred Forly and 00/100 ($4,1UO.00)
4.3 Unit prices, if any, are as follows: NONE
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Director of
Facilities Development, and upon approval for payment Issued by the Director of Facilities
Development 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 calendar month ending
on the last day of the month, or as follows:
5.3 Payment will be made by the Owner in accordance with the Aorida Local Government
Prompt Payment Act, section 218.735, Florida StaMes.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by
the Contractor in accordance with the Contract Documents. The Schedule of Values shall
allocate the entire Contract Sum among the various portions of the Work and be prepared in
such form and supported by such data to substantiate its accuracy as the Director of Facilities
Development or Architect may require. This schedule, unless objected to by the Director of
Facilities Development or Architect, 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
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Medical Examiner's Facilitv- MitilZation
retainage. Pending final determination of cost to the Owner of changes in the Work, amounts
not in dispute may be induded in applications for Payment. No item in the Schedule of Values
shall exceed $25,000.00 without prior approval from Monroe County Facilities Development. For
items greater than $25,000.00, 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 Facilities Development. For items less
than $25,000.00, 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 pursuant to
negotiation as outlined in General Conditions, Section 00750, Article 7.2. When both additions
and credits covering related Work or substitutions are Involved in a change the allowance for
overhead and profit shall be flQured 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 Facilities Development has withheld or
nullified a CertifICate for Payment as provided in Paragraph 9.5 of the General Conditions.
5.7 Retainage will be withheld In accordance with section 218,735 (8), Florida Statutes
5.8 Reduction or limitation of retalnage, if any, shall be as follows:
Monroe County Is exempt from and not subject to Florida Statutes 255.078, "Public Construction
Retainage". Reduction or limitation of retainage, if any, shall be reduced incrementally at the
discretion of and upon the approval of the Director of Facilities Development.
ARTICLE 8
Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the
Owner to the Contractor when (1) the Contract has been fully performed by the Contractor
except 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 Facilities Development. Such final payment shall be made by the OWner not more
than 20 days after the issuance of the final approval for payment,:
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.
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Medical Examiner's Facilitv - Miti2ation
7.2 Payment shall be made according to the Florida local Government Prompt Payment
Act.
7.3 T ernporary facilities and services:
7.4 Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the Board of County Commissioners.
7.5 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 or
services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real
property to public entity, may not be awarded or perform work as contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided In Section 287.017,
for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list.
7.6 The following Items are included in this contract:
a) Contractor shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied, Each party to this Agreement or their authorized representatives shall
have reasonable and timely access to such records of each other party to this Agreement for
public records purposes during the term of the Agreement and for four years following the
termination of this Agreement. If an auditor employed by the County or Clerk determines that
monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized
by this Agreement. the Contractor shall repay the monies together with interest calculated
pursuant to See, 55.03, FS, running from the date the monies were paid to Contractor.
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, Aorida. The Parties waive their rights to trial
by jury.
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 courts costs in appellate proceedings. Mediation proceedings
6/2/2008 CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-5
Medical Examiner's Facilitv - Mitillation
initiated and conducted pursuant to this Agreement shall be in accordance with the Florida
Rules of Civil Procedure and usual and customary procedures required by the circuit court of
Monroe County.
e) Binding Effect. The tenns, 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.
t) Authority. Each party represents and warrants to the other that the execution,
delivery and perfonnance of this Agreement have been duly authorized by all necessary County
and corporate action, as required by law.
g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and
is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of
this Agreement; provided that all applications, requests, grant proposals, and funding
solicitations shall be approved by each party prior to submission,
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,
i) Cooperation, In the event any administrative or legal proceeding is Instituted against
either party relating to the formation, execution, perfonnance, 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. County and Contractor agree that there will be no discrimination
against any person, and it is expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred, this Agreement automatically terminates
without any further action on the part of any party, effective the date of the court order. County
or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as
applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the
Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race. color or
national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 use ss. 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 s. 794), which prohibits discrimination on the
basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-
6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of
drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis
of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42
USC ss. 69Odd-3 and 29Oee-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 s. et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to
time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination
6/2/2008 CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-6
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provisions in any Federal or state statutes which may apply to the parties to, or the subject
matter of, this Agreement.
k) Covenant of No Interest. County and Contractor covenant that neither presently has
any interest, and shall not acquire any interest, which would conflict in any manner or degree
with its performance under this Agreement, and that only interest of each is to perform and
receive benefits as recited in this Agreement.
I) 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 disc'osure 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) Public Access, The County and Contractor shall allow and permit reasonable access
to, and inspection of, all documents, papers, letters or other 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 Agreement; and the County shall have the
right to unilaterally cancel this Agreement upon violation of this provision by Contractor,
0) Non-Waiver of Immunity, Notwithstanding the provisions of Sec, 768.28, Florida
Statutes, the participation of the County and the OWner 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.
p) Privileges and Immunities. AJI 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.
q) legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory
Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except
to the extent of actual and timely performance thereof by any participating entity, in which case
the performance may be offered in satisfaction of the obligation or responsibility. Further, this
Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the
6/2/2008 CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-7
Medical Examiner's Facilitv- Mitil:ation
constitutional or statutory duties of the County, except to the extent permitted by the Florida
constitution, state statute, and case law.
r) 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, inferlor to, or superior to the community in general or for the
purposes contemplated in this Agreement.
s) 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.
t) No Personal Liability. No covenant or agreement contained herein shall be deemed
to be a covenant or agreement of any member, officer, agent or employee of Monroe County in
his or her individual capacity, and no member, officer, agent or employee of Monroe County
shall be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
u) 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 singing any such counterpart,
v) Section Headings, Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it is agreed that such section headings are not a
part of this Agreement and will not be used in the interpretation of any provision of this
Agreement.
Special Conditions, if any are detailed in Section 00990 of the Project Manual for this Project.
ARTICLE 8
Termination or Suspension
8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General
Conditions.
Article 9
Enumeration of Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows: Sections 00030 00100 00110 00163 00220 00230
00300 00350 00400 00500 0050100750 00970 00980 00990 01010 01015 01020 01027 01040
01045010500120001301 0131001370013850139501400 01410 01421 01500 01510 01520
015500156001590 0159501600 01630 0163101640 01650 01670 01700 0171001720
0173001740
9.1.1 The Agreement is this executed Agreement Between Owner and Contractor.
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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 March 2008.
9.1.4 The Specifications are those contained in the Project Manual dated March 2008.
(type in by division I spec number)
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
9.1.5 The Drawings issued by the Architect for the wetlands mitigation scope of work of the
Medical Examiner's Facilitv - Wetlands Mitiaation: (list drawings)
030611.12 Location, C04. C05. C08, C09, C10, C11. C12. Xi. Exhibit 11, Exhibit 12.
Exhibit 13. Exhibit 14, Exhibit 15. Exhibit 18, Exhibit 19.
9.1.6 The Addenda, if any, are as follows:
Number Date Pages
#1 05108108 7
#2 05112108 2
9.1.7 The Alternates, if any, are as follows:
ALTERNATE NO, 1: Bidders are to provide the cost to perform the maintenance and
annual reporting during the Five Year initial monitoring period.
ALTERNATE No, 2: Bidders are to provide the costs to remove and legally dispose of
off-site the four (4) fuel tanks in the debris field.
END ALTERNATES
Portions of Addenda relating to bidding requirements are not part of the Contract Documents
unless the bidding requirements are also enumerated in this Article 9,
9.1.8 Other documents, if any, forming part of the contract Documents are as follows:
South Florida Water Management District Permit Number Correction Letter March 10,
2008
South Florida Water Management District Permit No. 44-00326-P dated 11 August 2004
South Florida Water Management District Staff Report dated 28 July 2004
South Florida Water Management District Modification to Permit dated 15 June 2005
United States Army Corp of Engineers Permit No 2003--6925 (IP-RPM) dated 25 May
2005
This Agreement is entered into as of the day and year first written above and is executed in at
least four original copies of which one is to be delivered to the Contractor. one each to Facilities
Development and Architect for use in the administration of the Contract, and the remainder to
the Owner.
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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 AND
WITNESSED BY ANOTHER OFFICER OF THE ENTITY,
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
By: ~aL&~ ~~ By ~;o,~
Deputy Clerk Mayor/Chairman
Date . OCtJ- ( '8 - 0 ~
(SEAL) CONTRACTOR
BA. T. Construction, Inc,
Atte~ ih By: e. !~- I
By:" ,~ttJ .-':~
Print Name: #?JeI;:rt;l El9v H~ Print name: <<-- . /5 //0
Title: Coord v f}./-o /' Title: r~
Dale: ~ .;1./ ~<'t
Date: ~/%~
An~ ~
By: . ~Jdir A '
Print Name: fa.t.J~~A-. J./a.......oe-
t
Title: Sr: tMff1rn. A~;~
Date: {, -~ 2,.-t:)t'
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Print Name 7 h ,J/;;.. . .--
My commission expires: Seal ....., NIt . ... " .......
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6/2/2008 CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-10
ACORD.. CERTIFICJ ....E OF LIABILITY INSU' ANCE DATI! (MIWCltVYYV)
06102I08
I'ROOUCeA \<1cnrO$ C'Junly THIS CERTlFICATE IS ISSUED AS A MATTER OF INFORMATION
lanier Upshaw, Inc, ONLY AND CONFERS NO RIGHTS UPON THE CERTlFICA TE
<""r,If!e$ Oev"/CPlT'80' HOlDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1115 US Hwy 98 South ~1" (r, - e..JQ' ~ AL TEA THE COVERAGE AFFORDED BY THE POUCIES BELOW,
P,O, Box 468 J N 03 200f
Lakeland, FL 33802 HAIC'
IHlIUAm ~2~~::i~i:E~W~=~ .W?--=--= 28247
BIg Pi.... Key, FL 33043 INSURER D:
INSURER E:
::OVERAGE8
THE POlICIES OF INSURANCE LISTED BROW HAVE BEEN ISSUED TOnE INSURED NAMED ASOVE FOA THE POlICY PeRIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OA CONDITION OF ANY CONTRACT OA OTHER DOCUMeNT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OA
MAY PERTAIN, THE INSURANCE AFFORDED BY THe POlICIES DESCRIBED HEREIN IS SUBJECT TO AU. nE TERUS. EXCLUSIONS AND CONDITIONS OF SUCH
POUCIES. AGGREGATE UMlTS SHOWN MAY HAVE BEEN REDUCED BY PAID Ct.AlMS.
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, ........ UoYLI" OLOl2H74800
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Nt( PAOf'RlETOR/PAATNEfIIIEXECOTIV
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'II'11ON 0fI ONAA~I LOCA~I V!HICLQ/lXCLlItIONa AOOm 8Y 1"OO"UIlINT IIPICW.I'AOYlIlOHI
'-va notice of canc:elfetlon appllH for non payment 01 premium.
!nvfronmantal Wetlanda MJtJgatIon Medical ExamI".,.. Facility
lflcate hokfer I. Included .. an lddItfonalln.urad In reapecta to
.... liability and auto liability,
Attached Deacrfptlona)
SHOUlD AllY 0fI THI A80VI 0UCItlN0 lIOUClU . CAMCIlUD llUOAI THlIXI'IAA1'ICIN
Monroe County Soard of County DATI THINOI', THlIt8UIHG lHIUflM WIU INOIAVOA TO MAIl. -34.. DAYI WAITTIN
CommI."onera NOlICI TO THI CIImFlCATI HOt.DP IWiIIEO TO THE LIFT, BUT FAlLUAI TO 00 10 SHAU.
1100 Simonton Str_ Room 1-213 IMI'OII NO OII.JOAllOH 011 LIA8lUTY 0fI AllY KINO UPOH THE INSUflElt, ITI AGDTI 011
Key Weat, FL 33040 ~Anvu.
AUntOAIZIo
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, 25 (2001101) 1 of 3 ;:; 'S1295631M129128 ALM II ACORD CORPORATION tHl
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SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAlJSE
(6AT ~4r( Jet,. <JY') warrants that hefit has not employed, retained
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. 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.
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? (signature)
Date: /O~3J /0 rc
I I
ST ATE OF F/cr'/ ck
.
COUNTY OF MOr1 ro ~
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
~{ rf\ 0~ who, after fIrst being sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this ,3J5j day of
C)
NOTARY PUBUC-STATE OF FLORIDA
"UI", D 'd
~'W''.: el re Lewis
~ }Co~mission #DD709218
'"."..,.., ExpIres: Nay. 19,2011
BONDED TIiRU AUANTIC BONDING co., INC.
My commission expires: Nov I 9 J (;(J ( I
OMB - MCP FORM #4
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