HomeMy WebLinkAboutItem C12 C12
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor James K.Scholl,District 3
The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2
Craig Cates,District 1
David Rice,District 4
Holly Merrill Raschein,District 5
Board of County Commissioners Meeting
March 25, 2025
Agenda Item Number: C 12
2023-3765
BULK ITEM: Yes DEPARTMENT: Engineering Services
TIME APPROXIMATE: STAFF CONTACT: Judy Clarke
no
AGENDA ITEM WORDING: Ratification of a contract with General Asphalt Co., Inc. in the
amount of$4,955,924.28 to complete the construction for the replacement of the Seaview Drive Bridge
on Duck Key. The project will be funded with infrastructure sales tax revenue in the amount of
$3,073,952.13 and the remaining amount of$1,881,972.15 should be paid from proceeds from the
surety bond for the original construction project.
ITEM BACKGROUND:
Monroe County executed a construction contract with American Empire Builders, Inc. on November
15, 2022 to replace the Seaview Drive Bridge on Duck Key. On September 18, 2024 the county
terminated the contractor due to failure to carry out the work, and also notified the Surety company,
NGM Insurance Company of the cancellation. The surety failed to notify the county about how it
intended to proceed with completing the Project by the County's deadline of January 27, 2025.
County staff proceeded to obtain cost proposals to finish the Seaview Drive Bridge Project and
subsequently received three proposals. The cost proposal from General Asphalt, Co., Inc. was the
lowest proposal. At the February 2025 BOCC meeting the BOCC authorized the County Administrator
to enter into an agreement with a construction contractor to complete the Seaview Drive Bridge and the
BOCC waived the competitive bidding requirements due to a finding of an emergency under the
provisions of Sec.2-347(k) of the Monroe County Code and in accordance with F.S. 255.20(1)(c)(8).
The $4,955,924.28 cost to complete the bridge replacement will be partially funded by unspent
infrastructure sales tax funds from the original Seaview Drive Replacement Project in the amount of
$3,073,952.13 and the balance of$1,881,972.15 will be sought from NGM Insurance Company, the
surety who is the financial Guarantor of the project.
PREVIOUS RELEVANT BOCC ACTION:
At the February 19, 2025 meeting the BOCC authorized the County Administrator to enter into an
agreement with a construction contractor to complete the Seaview Drive Bridge and the BOCC waived
the competitive bidding requirements due to a finding of an emergency under the provisions of Sec.2-
844
347(k) of the Monroe County Code and in accordance with F.S. 255.20(1)(c)(8).
The BOCC awarded a construction contract to American Empire Builders, Inc. for the Seaview Drive
Replacement Project at the November 15, 2022 meeting.
INSURANCE REQUIRED:
Yes
CONTRACT/AGREEMENT CHANGES:
new contract
GPJ 3.11.25 -Uploaded current COI from Airport project. BOCC Additional Insured Status triggered
whenever required by written contract. See 7.7(aa)
STAFF RECOMMENDATION: Ratification
DOCUMENTATION:
Seaview Drive Bridge General Asphalt 3-2025.pdf signed.pdf
2025 03 COI General Asphalt exp 2.1.26 signed.pdf
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract: S4,955,924.28
Total Cost to County: S3,073,952.13
Current Year Portion: S 4,000,000
Budgeted: yes Fund 27007-SC00122
Source of Funds: 304 funds-S3,073,952.13,proceeds from Surety Bond-S1,881,972.15
CPI: NA
Indirect Costs: NA
Grant: No
County Match: none
Insurance Required: Yes
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Seaview Drive Bridge Completion Project
Section 00500
Standard Form of Agreement
Between Owner and Contractor
Mier e the basis of payment is a STIPULATED SUil7
AGREEMENT
Made as of the 12th day of March in the year of Two Thousand and Twenty Five.
BETWEEN the Owner: Monroe County Board of County Commissioners("BOCC")
1100 Simonton Street
Key West, Florida 33040 ("Owner")
And the Contractor:
General Asphalt Co,, LLC.
("Contractor") 4850 Northwest 7211d
Avenue Miami, Florida
33166
For the following Project:
Seaview Drive Bridge Completion Project
Duck Key
Monroe County, Florida ("Project")
Oversight for Owner: WSP USA, Inc.
7650 Corporate Center Drive, Suite 300
Miami, Florida 33126
Engineer: Kisinger Campo&Associates
201 North Franklin Street
Suite 400
Tampa, Florida 33602
.. .. _._...................... _....._m._u__...._........................._ .............
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The Owner and Contractor agree as set forth below.
ARTICLE I
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Conti-act (General,
Supplementary and other Conditions), Drawings, Specifications, Insurance Requirements and
Documents, Milestone Schedule, Bid Documents and Contractor's Bid, Addenda issued prior to
execution of this Agreement, other documents listed in this Agreement and Modifications issued after
execution of this Agreement. These form the Contract and are as fully a part of the Contract as if
attached to this Agreement or repeated herein. The Contract represents the entire and integrated
agreement between the parties hereto and supersedes prior negotiations,representations or agreements,
either written or oral.
Notice Requirement
All written correspondence to the COUNTY shall be dated and signed by an authorized representative
of the CONTRACTOR. Any notice required or permitted under this agreement shall be in writing
and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt
requested, to the following:
Ms. Judith Clarke, P.E.
Director of Engineering Services
Monroe County
1100 Simonton Street, Room 2-216
Key West, Florida 33040
For the Contractor:
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 is completion of the Work as specified in the Contract Documents for the Seaview
Drive Bridge Replacement Project,the Construction Project Manual dated July 2022,the specifications
and as shown on the Drawings:
Structural Plans, Kisinger Campo and Associates, Sheets BI-B29, BW1-BW13, and EXI-
EX6, June 2022
Roadway Plans, Kisinger Campo and Associates, 28 Sheets, June 2022
Signing and Pavement Marking Plans, Kisinger Campo and Associates, Sheets S I-S4, June 2022
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Except as modified or changed by this Agreement.
The contract constitutes the entire and exclusive agreement between the Owner and the Contractor with
reference to the Seaview Drive Bride Completion Project.
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 trade for the date to be fixed in a notice to proceed issued by the Owner as stated
in Section 00350, milestone schedule. Unless the date of commencement is established by a notice to
proceed issued by the Owner, the Contractor shall notify the Owner, in writing, not less than five days
before commencing the Work.
The date of commencement shall be the date specified in the Notice to Proceed issued to the
Contractor.
3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than
280 days after the Date of Commencement, subject to adjustments of the Contract Time as provided-
by the Contract Document.
LIQUIDATED DAMAGES
Liquidated damages will be based on the Substantial Completion Date for all work, modified by all
approved extension in time as set forth by the Owner's signature of approval on the Certificate of
Substantial Completion. Liquidated damages will be assessed through a reduction in the final payment.
The liquidated damages table below shall be utilized to determine the amount of liquidated damages.
FIRST SECOND 31 st DAY &
CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER
Under 50,000.00 $50.00/DAY $100.00/DAY $250.00/DAY
$50,000.00-$99,999.00 100.00/DAY 200.00/DAY 750.00/DAY
$100,000.00-499,999.00 200.00/DAY 500.00/DAY 2,000.00/DAY
$500,000.0 and Up 500.00/DAY 1,000.00/DAY 3,500.00/DAY
Tile Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be
an extension of time on the Contract.
Uncontrollable Circumstance
3.3 Any delay or failure of either Party to perform its obligations under this Agreement will be
excused to the extent that the delay or failure was caused directly by an event beyond such Party's
control, without such Party's fault or negligence and that by its nature could not have been foreseen by
such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire,
earthquake, explosion,tropical storm, hurricane or other declared emergency in the geographic area of
the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot,
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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 County
written notice within 7 days of any event or circumstance that is reasonably likely to result in
an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance.
Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects
of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement.
The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor
may only seek a no cost Change Order for such reasonable tune as the Owners Representative may
determine.
ARTICLE 4
Contract Sum
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the
Contract, for the Seaview Drive Bridge Completion Project, the Contract Sum of Four
Million Nine Hundred Fifty-Five Thousand Nine Hundred Twenty-Four Dollars and
Twenty-Eight Cents ($4,955,924.28), subject to additions and deductions as provided in the
Contract Documents.
4.2 The Contract Sum is based upon the following alternates, if any, which are described in the
Contract Documents and are hereby accepted by the Owner: None
4.3 Unit prices, if any, are as follows: As specified in Attachment A to this Agreement.
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Owner, and upon
Project Applications and Certificates for Payment,the Owner shall make progress payments on account
of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents.
5.2 The period covered by each Application for payment shall be one calendar month ending on
the Iast day of the month.
5.3 County shall pay pursuant to the Local Government Prompt Payment Act 218.70 Florida
Statutes.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the
Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the
entire Contract Sinn arnong the various portions of the Work and be prepared in such form and
supported by such data to substantiate its accuracy as the Owner may require. This schedule, unless
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objected to by the Owner, 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 actual
net cost as confirmed by the Owner. When both additions and credits covering related Work or
substitutions are involved in a change the allowance for overhead and profit shall be figured on the
basis of net increase, if any, with respect to that change.
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered
and suitably stored at the site for subsequent incorporation in the completed Construction (or, if
approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing),
less retainage of Five percent(5%):
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Owner has withheld or nullified a Certificate for
Payment as provided in Paragraph 9.5 of the General conditions.
5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further
modified under the following circumstances:
5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments
to Ninety-five percent(95%)of the Contract Sutra, less such an amount equal to 150 percent(150%)of
the estimated cost to complete the items on the punchlist identified as not complete or needing to be
corrected based on inspection at substantial completion as the Owner recommends and determines for
incomplete work and unsettled claims, including the assessment of liquidated damages: and
5.7.2 Within 20 business days after the list of incomplete work is created, the Owner must pay the
Contractor the remaining Contract Sutra that includes all retainage previously withheld by the Owner
less an amount equal to 150 percent (150%) of the estimated cost to complete the incomplete Work
(i.e., "punch" list items); and
5.7.3 If final completion of the Work is thereafter materially delayed through no fault of the
Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General
Conditions.
5.8 Reduction or limitation of retainage, if any, shall be as follows: None
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ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner
to the Contractor when (1) the Contract has been fully performed by the Contractor except 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,
including the assessment of liquidated damages: and (2) a Final Project Certificate for Payment has
been issued by the Project Manager: such final payment shall be made by the Owner not more than 20
days after the issuance of the Final Project Certificate for Payment.
ARTICLE 7
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 Payments due and unpaid under the Contract shall bear interest pursuant to the Local
Government Prompt Payment Act 218.735.
7.3 Temporary facilities and services:
None.
7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an
annual appropriation by the Board of County Commissioners.
7.5 Public Entities Crimes By signing this Agreement, Contractor represents that the execution of
this Agreement will not violate the Public Entities Crime Act (Section 287.133, .Florida Statutes).
Violation of this section shall result in termination of this Agreement and recovery of all monies paid
hereto and may result in debarment from County's competitive procurement activities.
In addition to the foregoing, Contractor further represents that there has been no determination,
based on an audit,that it or any subcontractor has committed an act defined by Section 287.133,Florida
Statutes, as a "public entity crime" and that it has not been formally charged with committing an act
defined as a "public entity crime" regardless of the amount of money involved or whether Contractor
has been placed on the convicted vendor list.
Contractor will promptly notify the County if it or any subcontractor is formally charged with
an act defined as a "public entity crime" or has been placed on the convicted vendor list. A person or
affiliate who has been placed on the convicted vendor I ist following a conviction for public entity crime
may not submit a bid oil 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 oil leases of real property to public entity, may not be awarded or perform work
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as contractor, supplier, subcontractor, or consultant tinder 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 oil the
convicted vendor list.
7.6 The following items are part of this contract:
a) Maintenance of Records: Contractor shall maintain all books, records, and documents
directly pertinent to performance under this Agreement in accordance with generally
accepted accounting principles consistently applied. Each party to this Agreement or
their authorized representatives, shall have reasonable and timely access to such records
of each other party to this Agreement for public records purposes during the term of the
Agreement and for four years following the termination of this Agreement. If an auditor
employed by the County or Clerk determines that monies paid to Contractor pursuant
to this Agreement were spent for purposes not authorized by this Agreement, the
Contractor shall repay the monies together with interest calculated pursuant to Sec.
55.03; FS, running from the date the monies were paid to Contractor.
b) Right to Audit:AvailabiU07 of Records. The records of the parties to this Agreement
relating to the Project, which shall include but not be limited to accounting records
(hard copy, as well as computer readable data if it can be made available; subcontract
files (including proposals of successful and unsuccessful bidders, bid recaps, bidding
instructions, bidders list, etc.); original estimates; estimating work sheets;
correspondence; change order files (including documentation covering negotiated
settlements); backcharge logs and supporting documentation; general ledger entries
detailing cash and trade discounts earned, insurance rebates and dividends; any other
supporting evidence deemed necessary by Owner to substantiate charges related to this
agreement, and all other agreements, sources of information and matters that may in
Owner's reasonable judgment have any bearing on or pertain to any matters, rights,
duties or obligations under or covered by any contract document (all foregoing
hereinafter referred to as "Records") shall be open to inspection and subject to audit
and/or reproduction by Owner's representative and/or agents of Owner. Owner may
also conduct verifications such as, but not limited to, counting employees at the job
site, witnessing the distribution of payroll, verifying payroll computations, overhead
computations, observing vendor and supplier payments, miscellaneous allocations,
special charges, verifying information and amounts through interviews and written
confirmations with employees, Subcontractors, suppliers, and contractors'
representatives. All records shall be kept for seven(7)years after Final Completion.
e) 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. This Agreement shall not be subject to arbitration.
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d) Severability: If any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected thereby;
and each remaining term, covenant, condition and provision of this Agreement shall be
valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement.
The County and Contractor agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
e) Attorney's Fees and Costs: The County and Contractor agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party
relative to the enforcement or interpretation of this Agreement,the prevailing party shall
be entitled to reasonable attorney's fees and court costs, as an award against the non-
prevailing party, and shall include attorney's fees and courts costs in appellate
proceedings. Mediation proceedings initiated and conducted pursuant to this
Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual
and customary procedures required by the circuit court of Monroe County.
f) Binding Effect: The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of the County and Contractor and their respective
legal representatives, successors, and assigns.
g) Author it Each party represents and warrants to the other that the execution, delivery
and performance of this Agreement have been duly authorized by all necessary County
and corporate action, as required by law.
h) Claims for Federal or State Aid: Contractor and County agree that each shall be, and
is, empowered to apply for, seek, and obtain federal and state funds to further the
purpose of this Agreement. Any conditions imposed as a result of funding that effect
the Project will be provided to each party.
i) Nondiscrimination: County and Contractor agree that there will be no discrimination
against any person, and it is expressly understood that upon a determination by a court
of competent jurisdiction that discrimination has occurred, this Agreement
automatically terminates without any further action on the part of any party, effective
the date of the court order. County or Contractor agree to comply with all Federal and
Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination.
These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL
88-352) which prohibits discrimination on the basis of race, color or national origin; 2)
Title IX of the Education Amendment of 1972, as amended (20 USC ss.1681-1683, and
1685-1686), which prohibits 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 disabilities; 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
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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.690dd-3 and 290ee-
3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8)
Title Vlll of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended,relating
to nondiscrimination in the sale, rental or financing of housing; 9)The Americans with
Disabilities Act of 1990(42 USC s. 12101 Note), as maybe amended from time to time,
relating to nondiscrimination on the basis of disability; 10) Monroe County Code
Chapter 14, Article 13, which prohibits discrimination on the basis of race, color, sex,
religion, national origin, ancestry, sexual orientation, gender identity or expression,
familial status or age; 11) Any other nondiscrimination provisions in any Federal or
state statutes which may apply to the parties to,or the subject matter of,this Agreement.
j) Covenant of No Interest; County and Contractor covenant that neither presently has
any interest, and shall not acquire any interest, which would conflict in any manner or
degree with its performance under this Agreement, and that only interest of each is to
perform and receive benefits as recited in this Agreement.
k) Code of Ethics: County agrees that officers and employees of the County recognize
and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 1]2.313,Florida Statutes,regarding, but not limited
to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized
compensation; misuse of public position, conflicting employment or contractual
relationship; and disclosure or use of certain information. Contractor warrants that he/it
had not employed, retained or otherwise had act on his/its behalf any former County
officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990
or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990.
For breach or violation of this provision the County may, in its discretion,terminate this
contract without liability and may also, in its discretion, deduct from the contract or
purchase price,or otherwise recover the full amount of any fee,commission,percentage,
gift, or consideration paid to the former County officer or employee.
1) No Solicitation/Payment: Tile 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.
fin) 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
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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.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required
to:
(1) Keep and maintain public records that would be required by the County to perform the service.
(2) Upon receipt from the County's custodian of records, provide the County with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at a cost that
does not exceed the cost provided in this chapter or as otherwise provided by law,
(3) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the contract
term and following completion of the contract if the contractor does not transfer the retards 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 exernpt 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.
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IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119 FLORIDA STATUTES TO THE CONTRACTOR'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT
CONTACT THE CUSTODIAN OF PUBLIC RECORDS BRIAN BRADLEY AT
PHONE# 305-292-3470 BRADLEY-BRIAN(&,MONROECOUNTY-FL.GOV
MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street SUITE 408 KEY
WEST, FL 33040.
n) Non-Waiver of immunity. Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the paricipation of the County and the Contractor in this Agreement and the acquisition of
any commercial liability insurance coverage, self-insurance coverage, or local government liability
insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage,
nor shall any contract entered into by the County be required to contain any provision for waiver.
o) Privileges and Immunities: All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules, pensions and relief, disability, workers' compensation,
and other benefits which apply to the activity of officers, agents, or employees of any public agents or
employees of the County,when performing their respective functions under this Agreement within the
territorial limits of the County shall apply to the same degree and extent to the performance of such
functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of
the County.
p) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or
Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except to the
extent of actual and timely performance thereof by any participating entity, in which case the
performance may be offered in satisfaction of the obligation or responsibility. Further,this Agreement
is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or
statutory duties of the County, except to the extent permitted by the Florida constitution, state statute,
and case law.
q) Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon the
terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or
entitlement to or benefit of any service or program contemplated hereunder, and the County and the
Contractor agree that neither the County nor the Contractor or any agent,officer, or employee of either
shall have the authority to inform,counsel, or otherwise indicate that any particular individual or group
of individuals,entity or entities, have entitlements or benefits under this Agreement separate and apart,
inferior to,or superior to the community in general or for the purposes contemplated in this Agreement.
r) Attestations: Contractor agrees to execute such documents as the County may
reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free
Workplace Statement.
s) No Personal Liability: No covenant or agreement contained herein shall be deemed to
be a covenant or agreement of any member, officer,agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of Monroe County shall be liable
March 2025 STANDARD FORA OF AGREEMENT BUNVEEN OWNER AND CONTRACTOR 00500-] I
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Seaview Drive Bridge Completion Project
personally oil this Agreement or be subject to any personal liability or accountability by reason of the
execution of this Agreement.
t) Execution in Counterparts: This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original,all of which taken together shall constitute
one and the same instrument and any of the parties hereto may execute this Agreement by signing any
such counterpart.
u) Section Headings: Section headings have been inserted in this Agreement as a matter
of convenience of reference only, and it is agreed that such section headings are not a part of this
Agreement and will not be used in the interpretation of any provision of this Agreement.
v) Special Conditions, if any are detailed in Section 01000 of the Project Manual for this
Project.
w) Hold Harmless and Indemnification: Notwithstanding any minimurn insurance
requirements prescribed elsewhere in this agreement,the Contractor covenants and agrees that he shall
defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and
employees, and FLORIDA DEPARTMENT OF TRANSPORTATION harmless from and against (i)
claims,actions or causes of action, (ii) litigation,administrative proceedings, appellate proceedings, or
other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or
business interruption, and (iii)costs or expenses that may be asserted against, initiated with respect to,
or sustained by the County and the COUNTY's elected and appointed officers and employees from
liabilities damages, losses and costs, including but not limited to, reasonable attorney's fees, to the
extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor
and persons employed or utilized by the indemnifying party in the performance of the construction
contract, The monetary limitation of liability under this contract shall be not less than $1 million per
occurrence pursuant to F. S. 725.06. Insofar as the claims, actions, causes of action, litigation,
proceedings, costs or expenses relate to events or circumstances that occur during tlhe term of this
Agreement, this section will survive the expiration of the term of this Agreement or any earlier
termination of this Agreement.
In the event the completion of the project (including the work of others) is delayed or suspended as a
result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall
indemnify the County from any and all increased expenses resulting from such delay.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within General Insurance Requirements Section 900. In the event any claims are
brought or actions are filed against the County with respect to the indemnity contained herein, the
Contractor agrees to defend against any such claims or actions regardless of whether such claims or
actions are rightfully or wrongfully brought or filed. The Contractor agrees that the County may select
the attorneys to appear and defend such clairns or actions on behalf of the County. The Contractor
further agrees to pay at the Contractor's expense the attorneys' fees and costs incurred by those
attorneys selected by the County to appear and defend such actions or claims on behalf of the County
at both the trial and appellate levels. Tile County at its sole option, shall have the sole authority for the
direction of the defense,and shall be the sole judge of the acceptability of any compromise or settlement
of any claims or actions against the County.
March 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-12
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x) Adjudication of Disputes or Disagreements: COUNTY and CONTRACTOR agree
that all disputes and disagreements shall be attempted to be resolved by mect and confer sessions
between representatives of each of the parties, The CONTRACTOR and COUNTY Representative
shall try to resolve the claim or dispute with meet and confer sessions. If the issue or issues are still
not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or
remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to
arbitration. This provision does not negate or waive the provisions of paragraph x or Article 8.1
concerning termination or cancellation.
y) Cancellation: In the event that the Contractor shall be found to be negligent in any
aspect of installation, stocking, maintenance, repair, or service, the County shall have the right to
terminate this agreement after five days written notification to the Contractor.
z) Cooperation: In the event any administrative or legal proceeding is instituted against
either party relating to the formation,execution,performance,or breach of this Agreement,County and
Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings,
processes, meetings, and other activities related to the substance of this Agreement or provision of the
services under this Agreement. County and Contractor specifically agree that no party to this
Agreement shall be required to enter into any arbitration proceedings related to this Agreement.
aa) Insurance: Prior to commencement of work the Contractor will provide satisfactory
evidence of insurance as required in Specification Section 00900 General Insurance Requirements for
Construction Contractors and Subcontractors.The Contractor shall name the Monroe County Board of
County Commissioners, its employees and officials as "Additional Insured" on all policies except for
Worker's Compensation.
7.7 Ownership of the Project Documents: The documents prepared by the Contractor for this
Project belong to the County and may be reproduced and copied without acknowledgement or
permission of the Contractor.
7.8 Successors and Assigns: The Contractor shall not assign or subcontract its obligations under this
agreement, except in writing and with the prior written approval of the Board of County
Commissioners for Monroe County, which approval shall be subject to such conditions and
provisions as the Board may deem necessary. This paragraph shall be incorporated by reference
into any assignment or subcontract and any assignee or subcontractor shall comply with all of the
provisions of this Agreement. Subject to the provisions of the immediately preceding sentence,
each party hereto binds itself, its successors, assigns and legal representatives to the other and to
the successors, assigns and legal representatives of such other party.
7.9 No third Party Beneficiaries: Nothing contained herein shall create any relationship,
contractual or otherwise, with or any rights in favor of, any third party.
7.10 Americans with Disabilities Act of 1990 (ADA) - The CONTRACTOR will comply with all
the requirements as imposed by the ADA,the regulations of the Federal government issued thereunder,
and the assurance by the CONTRACTOR pursuant thereto.
March 2025 STANDARD FORM OF AGREEMENT BETWEEN ONVNER AND CONTRACTOR 00500-13
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7.11 E-Verify System - Beginning January 1, 2021, in accordance with F.S. 448.095, the
Contractor and any subcontractor shall register with and shall utilize the U.S. Department of
Homeland Security's E-Verify systern 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 subconstruct with an
unauthorized alien. The Contractor shall comply with and be subject to the provisions of 1;.S. 448.095
ARTICLE 8
Termination or Suspension
8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of
the General Conditions.
8.2 The Work may be suspended by the Owner as provided in Article 14 of the General
Conditions.
Article 9
Enumeration of Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this Agreement,
are enumerated as follows: See Article 1
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 July 2022 and are as follows:
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3,
and are as follows:
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
9.1.5 The Drawings are as follows, and are dated on each individual drawing unless a different date
is shown below:
Roadway Plans, Kisinger Campo and Associates, 28 Sheets, June 2022
Signing and Pavement Marking Plans, Kisinger Campo and Associates, Sheets S1-S4, June
2022
March 2025 STANDARD FORM OF AGREEMENT BETWEEN 015'NER AND CONTRACTOR 00500-14
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Structural Plans, Kisinger Campo and Associates, Sheets B 1-1329, BWl-BWI 3, and EXI-
EX6, June 2022
9.1.6 The Addenda, if any, are as follows:
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless
the bidding requirements are also enumerated in this Article 9.
9.1.7 Other documents, if any, forming part of the contract Documents are as -follows: Monroe
County Bid Form in Section 00110. 10 See Article 1.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first
written above in counterparts, each of which shall, without proof or accounting for the other
counterparts,be deemed an original contract.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
By: By
As Deputy Clerk Mayor
GENE ASPI LC.ot
:A A
By:
too
fe, fe4w aqTitle: I�NA
MONROE COUNTY
Christine Hurley "I"'Ily signed by Christine Hurley
By: Date:2025.03.12 16:39:22-04'00'
Christine Hurley, County Administrator
Ratified by the Board of County Commissioners on 12025.
END OF SECTION 00500
March 2025 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500-15
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ATTACHMENT A
COST PROPOSAL AND UNIT PRICES
March 2025
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GENBRAL ASPHALT ,
TELEPHONE: (, 05" ) 592-34$0
PAX: (305)477.467E
To: Monroe County Contact:. Clark
Address: 1100 Simonton Street,Room 2-213 Phone:
Key West, FL 33040 Fax:
Project Marne: Monroe County-Seaview Bid Number:
Project Location: Bid Date: 2/14/2025
item # Item Description Estimated 2uantity Unit Unit Price Total Price
1.01-1 MOBILIZATION 0.70 LS $588,277.90 $411,794.53
102-1 MAINTENANCE OF TRAFFIC 0.70 LS $169,261.30 $118,482.91
010260 WORK ZONE SIGN 1.2,015.50 EADY $0.44 $5,286.82
010271 15 BARRIER TEMPORARY,F&I,ANCHORED 437.50 LF $95.55 $41,803.13
0102 71 25 TEMPORARY BARRIER,RELOCATE,ANCHORED 455.00 LF $40.95 $18,632.25
0102741 CHANNELZING DEVICE-TYPES,1,11,DI,VP,DRUM,OR 5,953.50 EADY $0.22 $1,309.77
LCD
010278 TEMPORARY RETROREFLECTIVE PAVEMENT MARKER 307.30 EACH $13,65 $4,194.65
0102 89 1 TEMPORARY CRASH CUSHION, REDIRECTIVE OPTION 4.20 LOC $1,365,22 $5,733.92
0102 99 PORTABLE CHANGEABLE MESSAGE SIGN,TEMPORARY 779.80 EADY $18A3 $14,371,71
0102 115 CHANNELZING DEVICE,TYPE III BARRICADE 1,715.00 EADY $0.82 $1,406.30
0102 120 TEMPORARY TRAFFICS SIGNALS FOR LANE CLOSURES ON 602.00 EADY $106A7 $64,094,94
TWO-LANE,TWO WAY ROADWAY
0102 913 23 REMOVABLE TAPE,WHITE,24"STOP BAR 22.00 LF $47.84 $1,052.48
0104 10 3 SEDIMENT BARRIER 632.00 LF $14.34 $9,062,88
010411 FLOATING TURBIDITY BARRIER 252.00 LF $12.97 $3,268.44
01071 LITTER REMOVAL 1.02 ACRE $37.10 $37.84
0107 2 MOWING 1.02 ACRE $72.94 $74,40
01101 1 CLEARING&GRUBBING 0.20 ACRE $92,823.82 $18,936.06
01201 REGULAR EXCAVATION 399.60 CY $65.52 $26,181.79
01206 EMBANKMENT 71.50 CY $363„10 $25,961.65
01604 TYPE B STABLIZATION 7'49.00 SY $26.62 $19,938.38
258703 OPTIONAL BASE,BASE GROUP 03 749.00 5Y $73.71 $55,208.79
0334 152 SUPERP'AVE ASPHALTIC CONCRETE,TRAFFIC B,PG76-22 41.20 TON $1,508.22 $62,138.66
0337780 ASPHALT CONCRETE FRICTION COURSE,TRAFFIC B,FC- 41.20 TON $936.85 $38,598.22
%5, PG 76-22
0430 175 112 PIPE CULVERT,OPT MATERIAL,ROUND 12"S/CD 62.00 LF $723.48 $44,855.76
04361 1 TRENCH DRAIN, STANDARD 50.00 LF $750,78 $37,539.00
0521 72 41 SHOULDER CONCRETE BARRIER,42"VERTICAL FACE 55.40 LF $667A1 $36,974.51
RETAINING SECTION
0522 1 CONCRETE SIDEWALK AND DRIVEWAYS,4"THICK 55.00 SY $122.88 $6,758.40
05222 CONCRETE SIDEWALK AND DRIVEWAYS,6"THICK 17.00 SY $163.88 $2,785.96
053673 GUARDRAIL REMOVAL 123.50 LF $8.88 $1,096.68
0570 12 PERFORMANCE TURF,SOD 540,00 SY $13,65 $7,371.00
05711 11 PLASTIC EROSION MAT,TURF REINFORCED MAT,TYPE 1 270.00 SY $1.5.02 $4,055.40
700 131 *SINGLE POST SIGN,F&I BRIDGE MOUNT,INDEX 4.00 AMBY $1,979.58 $7,918.32
11870/700-01.2,UP TO 12 SF
0700 160 SINGLE POST SIGN,REMOVE 2.00 EACH $137 15 $274.30
0711 11 160 THERMOPLASTIC,STANDARD,WHITE,MESSAGE OR 4.00 EACH $1,515.67 $6,062.68
SYMBOL
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Item # Item Description Estimated Quanti Unit Unit Price Total Price 00
0711 16 101 THERMOPLASTIC,STANDARD-OTHER SURFACES,WHITE, 0.11 GLMI $21,058.45 $2,295.37
SOLID,6"
0711 16 201 THERMOPLASTIC,STANDARD-OTHER SURFACES, 0.11 GLMI $21,058,45 $2,295.37
YELLOW,SOLID,6"
0713 103 101 PERMANENT TAPE,WHITE,SOLID,6"FOR CONCRETE 0.02 GLMI $151,589.19 $3,638.14
BRIDGES
0713 103 201 PERMANENT TAPE,YELLOW,SOLID,6"FOR CONCRETE 0.02 GLMI $151,589.19 $3,638,14
BRIDGES
71090 PAINTED PAVEMENT MARKING(FINAL SURFACE) 1.00 LS $2,739.71 $2,739.71
**RETRO-REFLECTIVE PAVEMENT MARKERS(WHITE/RED) 18.00 EACH $27.38 $492.84
**PAINTED PAVEMENT MARKINGS,STANDARD,WHITE, 0.11 GLMI $3,151.42 $343.50
SOLID,6"
**PAINTED PAVEMENT MARKINGS,STANDARD,YELLOW, 0.11 GLMI $3,151.42 $343.50
SOLID,6"
**PAINTED PAVEMENT MARKINGS,STANDARD,WHITE, 4.00 EACH $47T84 $1,911.36
MESSAGE OR SYMBOL
01081 MONITOR EXISTING STRUCTURES-INSPECTION AND 1.00 LS $13,651.30 $13,651.30
SETTLEMENT MONITORING
01082 MONITOR EXISTING STRUCTURES-VIBRATION 0.75 LS $131,587.30 $98,690.48
MONITORING
01103 REMOVAL OF EXSTING STRUCTURES 0.75 LS $358,793.31 $269,094.98
011073 REMOVAL EXISTTING BULKHEAD 70.20 LF $187.69 $13,175.84
0400210 CLASS II CONCRETE,APPROACH SLABS 56.60 CY $2,117.11 $119,828.43
040045 CONCRETE CLASS IV,BRIDGE SUBSTRUCTURE 17.10 CY $4,764.27 $81,469.02
040048 CONC CLASS IV,BULKHEAD 26.10 CY $4,307.84 $112,434.62
0400447 CONCRETE CLASS IV,CIP TOPPING WITH SHRINKAGE 62.30 CY $3,356.92 $209,136.12
REDUCING ADMIXTURE
040071 BRIDGE DECK GROOVING 206.00 SY $107.50 $22,145.00
0400 148 PLAIN NEOPRENE BEARING PADS 3.80 CF $2,730.34 $10,375.29
041514 REINFORCING STEEL-BRIDGE SUPERSTRUCTURE 15,936.00 LB $2.18 $34,740.48
041515 REINFORCING STEEL--BRIDGE SUBSTRUCTURE 1,834.00 LB $2.18 $3,998.12
041519 REINFORING STEEL-APPROACH SLABS 10,450.00 LB $2.18 $22,781.00
0415 10 5 FIBER REINFORCED POLYMER BARS. #5 BARS 2,196.00 LF $4.30 $9,442.80
0455 34 23 PRESTRESSED CONCRETE PILING, 18"SQ., 871.00 LF $605.67 $527,538.57
W/FRP OR STAINLESS STEEL STRAND AND REINFORCING
0455 133 3 SHEET PILING STEEL,F&I PERMANENT 2,370.60 SF $130.00 $308,178.00
0458111 BRIDGE DECK EXPANSION JOINT,NEW CONSTRUCTION, 70.00 LF $88.74 $6,211.80
F&I POURED JOINT WITH BACKER ROD
045971 PILES,POLYETHYLENE SHEETING 88.00 SY $24.58 $2,163.04
052155 CONCRETE TRAFFICE RAILING-BRIDGE(42"VERTICAL 80.00 LF $455.62 $36,449.60
FACE)
0521632 CONCRETE PARAPET,RETAINING WALL SYSTEM 137.00 LF $586.11 $80,297.07
MOUNTED W/SIDEWALK,42"VERTICAE FACE
052184 CONCRETE BARRIER,WITH JUNCTION SLAB,42" 151.00 LF $947.49 $143,070.99
VERTICAL FACE
052422 CONCRETE SLOPE PAVEMENT,NOW REINFORCED,4" 36.00 SY $204.79 $7,372.44
0548 12 RETAINING WALL SYSTEM,PERMANENT,EXCLUDING 4,164.54 SF $169.38 $705,389.79
BARRIER
MC 01 PRECAST REINFORCED,CONCRETE BEAM--4030 257.00 LF $1,474.20 $378,869.40
MC 02 PRECASE REINFORCED,CONCRETE BEAM-48X24 321.00 LF $1,445.54 $464,018.34
MC 10 DUCK KEY TRAFFIC RAILING 130.00 LF $1,188.01 $154,441.30
Total Bid Price: $4,955,924.28
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010
ACCEPTED: CONFIRMED.
The above prices,specifications and conditions are satisfactory Your Company Name
and hereby accepted.
Buyer:
Signature: Authorized Signature:
Date of Acceptance: Estimator:
2/18/2025 1:29:19 PM Page 3 of 3
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Seaview Drive Bridge Completion Project
ATTACHMENT B
COUNTY FORMS
March 2025
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Seaview Drive Bridge Completion Projject
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
ti General Asphalt Co, LLC
(Company)
".,,warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former
County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or
employee in violation of Section 3 of Ordinance No. 010-199!0, For breach or violation of this provision
the County may, in its discretion, terminate this Agreement without liability,,atid may also, in its discretion,
deduct from the Agreement or purchase price, or otherwise repq'6 �, the full amount of any fee,
commission, percentage, gift, or consideration paid to the form "16,olljnty,,,offieer or mployee."
(Signature) 10,101,1111"
Date: .4-11 (01
STATE OF:
COUNTY OF: ()O)Y.7CF.
Subscribed and sworn to (or affirmed) before me, by means o0cphysical presence or 0 online
notarization, on
(date) by 24'1��- -- /'43 (name of affiant).
She is personal)
known to me or has produced (type of identification) as
identification.
Nolaq Public Slate of Flo6cla
NOTARY PUBLIC c ia
AI Desiree C Garcia
V A I
My Commission HH 329584 Wil hal Expires 11/61202626
My Commission Expires:
March 2025
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Seaview Drive Bridge Completion Project
NON-COLLUSION AFFIDAVIT
I, of the city of_ I according to law on my oath,
and under penalty of perjury, depose and say that
a. I am °" ' of the firm of
the bidder making the
Proposal f&"t6e*Fr6]e'6f'd&cYHYd ifrftnMequest for Proposals/Bid for City of Margate's
Bid No. 2019-009 Asphalt Rejuvenation Project and that I executed the said proposal with full
authority to do so;
b, the prices in this bid have been arrived at independently without collusion, consultation,
communication or agreement for the purpose of restricting competition, as to any matter
relating to such prices with any other bidder or with any competitor;
C. unless otherwise required by law, the prices which have been quoted in this bird have not
been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder
prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and
d', no attempt has been made or will be made by the bidder to induce any other person,
partnership or corporation to submit, or not to subm,'it, a bid for the purpose of restricting
competition;
e. the statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the truuh,�'bff the sta meat contained in this
affidavit in awarding contracts for said project. do
, W °
w
(Signature) ,,
Date:STATE OF:
COUNTY OF:
Subscribed and sworn raffirmed),pofore me, by means o bysical presence or ❑ online
Ni
not ati an to (d by
-(name of affiant H" She is personally known to me or has
produced (fype of identification) as
identification.
4T _Y PUBL C
No;(Desiree
Pubiic State of Florida
c Garcuo
My Commission Expires: hpiresssion NH 32959 4
pins 111612426
March 2025
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Seaview Drive Bridge Completion Prqject
DRUG-,FREE WORKPLACE FORM
The undersigned dor in acc n4ance wit Flo 'd Statute 287.087 hereby certifies that:
teneraf LLC
(Name of Business)
1. Publish a statement notifying employees that the unlawfUl manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the
actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3. Give each employee engaged in providing the commodities or contractual services that are under
bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of working
on the commodities or contractual services that are under bid, the employee will abide by the
terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo
contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law
of the United States or any state, for a violation occurring in the workplace no later than five (5)
days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee who is
so convicted'.
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of
this section.
A
As the person authorized to sign the statement, I certify th, his,fir' - pl!i 'fully with the above
requirements.
(Signature)
Date.
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed e or me by means of physical presence or 0 online
ari lion, le n d— 1 11".3 (date) by
e2
?
.99,9AIl known to me orname of affianit) ------typ E
has produced ( ation) as identification.
typ+STA R 1t4BtI'CV
NOWY Public Sta e f Fl �J'd
C ' MON' mission Expires:
Desiree G
my commission HH 329584
March 2025 Expires 11/6/2026
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Seaview Drive Bridge Completion Project
PUBLIC ENTITY CRIME STATEMENT
"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 a CONTRACTOR, supplier, subcontractor, or CONTRACTOR 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."
General Asphalt
I have read the above and state that neither 9Q.149t's name) nor any
Affiliate has been placed on the convicted vendor list within the Est'36j, rtt�hs.
(Signature)
4:2
Date:
STATE OF:
COUNTY OF: (2
Subscribed and sworn to (or affirmed) before me, by means Q El online
presence or online
notarization, on
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tol 12111S (date) by
(name of affiant). She i� er�oQqlly known to me or
has produced (type of identification) as identification.
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My Commission Expi s:
March 2025
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Scaviewv Drive Bridge Completion Project
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Description(s): 'V'% lr�
Respondent Vendor Name: n ral s' ®y
LLC
Vendor FEIN:
Vendor's Authorized Representative Nance and Title:
Address:
City:
I State: Gip:
Phone Number: - � q go
Email Address: gpewnlotovl
Section 287.135,Florida Statutes prohibits a company from bidding oil, submitting a proposal for, or entering into
or renewing a contract for goods or services of any amount if,at the time of contracting or renewal,the company is
oil the Scrutinized Companies that Boycott Israel List,created pursuant to Section 215,4725,Florida Statutes, or is
engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company front bidding oil,
submitting a proposal for,or entering into or renewing a contract for goods or services of$1,000,000 or more,that
are oil either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities
in the Iran Petroleum Energy Sector Lists which were created pursuant to s.215.473,Florida Statutes,or is engaged
in business operations in Cuba or Syria.
As the person authorized to sign oil behalf of Respondent,I hereby certify,that the company identified above in the
Section entitled ` Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or
engaged in a boycott of Israel and for Projects of $1,000,000 or more is not listed oil either the Scrutinized
Companies with Activities in Sudan List,the Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List, or engaged in business operations in Cuba or Syria.
I understand that pursuant to Section 287.135, Florida Statutes,the submission of a false certification may subject
company to civil penalties,attorney's fees,and/or costs. I further understand that any contract wvith the County may
be terminated, at the option of the County, if the company is found to have submitted a false certification or has
been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran.
Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria.
Certified By: Genera halt';; .LC �Iwhoisauthorizedtosign
�
01,
on behalf of the above refer rtc,p eonl nn
Authorized Signature:
Print Name: c)
Title: 6Ie"04�\m_ r ,
Note: The List are available at the following Department of Management Services Site:
i.u11I.P�awawwv t��unudta�ut1¢u„twtrruu�R raw _ aiwrttr rup ;sd;[utaluttB�r ,wdrlrau:ldu,..,:�.lcw�.gour�uluu�u:n�s�pa��daaa.._o�ww au4l�tu��lc_�1,..
wlr~M�.°u uruuunatw �s�tjlpjrahulsVendor,..fistts
March 2025
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Seaview Drive Bridge Completion Project
AFFIDAVITATTESTINGW TO NONCOERCIVE CONDUCT
FOR LABOR OR SERVICES
Entity/Vendor Name:_ General § h ItCo,-LLc
Vendor FEIN:
Vendor's Authorized Representative:�"kWr
(Name and Title)
Address:
City: _m t State: Zip: Di v
Phone Numbe 21"
0C
Email.Address:
As a nongovernmental entity executing, renewing, or extending a contract with a government entity, Vendor is
required to provide an affidavit tinder penalty of per fury attesting that Vendor does not use coercion for labor or
services in accordance with Section 787.06, Florida'Statutes.
As defined in Section 787.06(2)(a), coercion means:
I. Using or threating to use physical force against any person;
2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any person
without lawful authority and against her or his will;
3. Using lending or other credit methods to establish a debt by any person when labor or services
are pledged as a security for the debt, if the value of the labor or services as reasonably assessed
is not applied toward the liquidation of the debt, the length and nature of the labor or service
are not respectively limited and defined;
4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or
purported passport, visa, or other immigration document, or an), other actual or purported
government identification document, of any person;
S. Causing or threating to cause financial harm to any person;
6. Enticing or hiring any person by fraud or deceit; or
7. Providing a controlled substance as outlined in Schedule I or Schedule 11 of Section 893.03 to
any person for the purpose of exploitation of that person..
As a person authorized to sign on behalf of Vendor, I certify under penalties of perjury that Vendor does not use
coercion for labor or services in accordance Nvith Sectio11787.06.Additionally,Vendor leas r°eviewed Section 787.06,
Florida Statutes, and agrees to abide by same.
Certified By: � , who is authorized to sign
on behalf of the above ref r d cot parry,
t.
Authorized Signatrrre:
Print Name:
Title:
March 2025
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Seaviewv Drive Bridge Completion Project
Minority Owned Business Declaration
Co,
General Asphalt LLC ,a sub-contractor engaged by Monroe County during the completion of
work associated with the below indicated project
(Check one)
is a minority business enterprise, as defined in Section 288.703, Florida Statutes
or
is not a minority business enterprise, as defined in Section 288,703, Florida Statutes.
F.S.288.703(3) "Minority business enterprise"nccans any small business concern as defined in subsection(6)(see below)
which is organized to engage in commercial transactions,which is domiciled in Florida,and which is at least 5 1-percent-
owned by minority persons who are members of an insular group that is of a particular racial,ethnic,or gender makeup or
national origin,which has been subjected historically to disparate treatment due to identification in and with that group
resulting in an underrepresentation of commercial enterprises under the group's control,and whose management and daily
operations are controlled by such persons.A minority business enterprise may primarily involve the practice of a profession.
Ownership by a minority person does not include ownership which is the result of transfer from a nonminority person to a
minority person within a related immediate family group if the combined total net asset value of all members of such family
group exceeds$1 million.For purposes of this subsection,the term"related immediate fancily group"means one or more
children under 16 years of age and a parent of such children or the spouse of such parent residing in the same house or living
unit.
F.S 288.743,(6)"Small business"means an independently owned and operated business concern that employs 200 or fewer
permanent full-time employees and that,together with its affiliates,has a net worth of not more than$S million or any firm
based in this state which has a Small Business Administration 8'(a)certification.As applicable to sole proprictorships, the$S
million net worth requirement shall include both personal and business investments.
Contractor ma fir to F S." 8S.703,,for more information.:
Contractor, 110,
p
Signature
print
Ad'dress:
City/State/Zip 1
For Monroe County Verification:
Title/OMB Department: _
Verifies via: htt s: osd.dms,m tl'orida.,com d'rectories
March 2025
DATE(MM/DD/YYYY)
ACCOR" CERTIFICATE OF LIABILITY INSURANCE 3/10/2025
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME: Sarah Trltz
Holmes Murphy&Associates PHONE FAX
2727 Grand Prairie Parkway A/C No Ext: 515-223-6813 A/C,No):
E-MWaukee IA 50263 ADDRESS: stritz@holmesmurphy.com
INSURER(S)AFFORDING COVERAGE NAIC#
INSURERA: Charter Oak Fire Insurance Company 25615
INSURED GENASPPC INSURER B:Travelers Property Casualty Co.America 25674
General Asphalt Co, LLC INSURERC:Travelers Indemnity Co of America 25666
4850 NW 72nd Avenue
Miami , FL 33166 INSURERD:Allied World Assurance Co. Inc. (US) 19489
INSURERE: Steadfast Insurance Company 26387
INSURER F: Landmark American Insurance Co 33138
COVERAGES CERTIFICATE NUMBER:1673001178 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR INSD WVD POLICY NUMBER MM/DD MM/DD
C X COMMERCIAL GENERAL LIABILITY VTC2KC07W3485391ND25 2/1/2025 2/1/2026 EACH OCCURRENCE $2,000,000
CLAIMS-MADE � OCCUR DAMAGE TO RENTED
PREMISES Ea occurrence) $300,000
MED EXP(Any one person) $5,000
PERSONAL&ADV INJURY $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000
POLICY jECT RO-
LOC PRODUCTS-COMP/OP AGG $4,000,000
OTHER: $
B AUTOMOBILE LIABILITY VTC2JCAP7W348527TIL25 2/1/2025 2/1/2026 COMBINED SINGLE LIMIT $2,000,000
Ea accident
X ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
X HIRED X NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
B UMBRELLALIAB X OCCUR CUP7W3485402525 2/1/2025 2/1/2026 EACH OCCURRENCE $2,000,000
X EXCESS LAB CLAIMS-MADE AGGREGATE $2,000,000
DED RETENTION$ $
A WORKERS COMPENSATION UBA10793402525K 2/1/2025 2/1/2026 X PER OTH-
AND EMPLOYERS'LIABILITY Y/N STATUTE ER
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000
OFFICER/MEMBER EXCLUDED? N/A
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000
D Excess Liability 03145654 2/1/2025 2/1/2026 Occurrence/Aggregate 5,000,000
E Excess Liability AECO06061300 2/1/2025 2/1/2026 Occurrence/Aggregate 5,000,000
F Excess Liability LHA604902 2/1/2025 2/1/2026 Occurrence/Aggregate 6,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required)
RE: Seaview Drive Bridge Completion Project
Monroe County Board of County Commissioners,its employees and officials are Additional Insured on the General Liability,Auto Liability and Umbrella Liaiblity,
when required by written contract with the insured,per policy terms and conditions.
APR,!
1 ,i IEr� w..T
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DAT _2 25.......-..
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS.
1100 Simonton St
Key West FL 33040 AUTHORIZED REPRESENTATIVE
USAt
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ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 874