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07/16/2014 Agreement typ CPA y if CLERK OF CIRCUIT COURT & COMPTROLLERrsisty A . ' MONROE COUNTY,FLORIDA IDA DATE: August 6, 2014 TO: Kevin Wilson Director of Engineering ATTIC• Breanne Erickson FROM: Lindsey Ballard, D.C.ji?" At the July 16, 2014 Board of County Commissioner's meeting the Board granted approval and authorized [execution of ItemC1.9 Award bid, waive minor mathematical irregularities, and approve a contract with Construct Group Corp". for construction of the US 1 Bayside Shared Use Path project in Key Largo (approximately MM 106.1 to MM 99.9).The project is funded by a County Incentive Grant Program (CIGP)grant from Florida Department of Transportation (FDOT) and supplemented by District Three Transportation Impact Fees. Enclosed a duplicate original executed on behalf of Monroe County,for your handling Should you have any questions,please feel free to contact me. • Cc: County Attorney Finance File I 500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax:305-295-3663 AdirSCANNED 3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax:305-289-6025 88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax:305-852-7146 L�— US 1 Bayside Shared Use Path Section 00500 Standard Form of Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the 16th day of July in the year of Two Thousand and Fourteen. BETWEEN the Owner: Monroe County Board of County Commissioners ( "BOCC ") 1100 Simonton Street Key West, Florida 33040 ("Owner ") And the Contractor: Construct Group Corp. 8145 W 28` Avenue, Suite 217 Hialeah, FL 33016 ( "Contractor ") For the following Project: US 1 Bayside Shared Use Path Key Largo Monroe County, Florida ( "Project ") Oversight for Owner: Stantec Consulting Services, Inc. 901 Ponce de Leon Blvd, Suite 900 Coral Gables, Florida 33040 Engineer: Metric Engineering, Inc. 13940 S.W. 136th Street, Suite 200 M iami, Florida 33186 The Owner and Contractor agree as set forth below. 23/14 STANDARD FORM OFAGREEVIENTBE1WEENOWNERANDCONIRACTOW 2011) 00500 -1 US I Bayside Shared Use Path ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Insurance Requirements and Documents, Milestone Schedule, Bid Documents and Contractor's Bid, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement. These form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. 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 as specified in the Contract Documents, and shown on the Drawings and in the specifications. The contract constitutes the entire and exclusive agreement between the Owner and the Contractor with reference to the US 1 Bayside Shared Use Path 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 made 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 270 Days after the Date of Commencement, subject to adjustments of the Contract Time as provided by the Contract Document. LIQUIDATED DAMAGES Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extension in time as set forth by the Owner's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. 2/3/14 STANDARD FORM OFAGREEMIIVTBEIWEENOWNERANDCONTRACTOR ( 2011) 00500 -2 US 1 Bayside Shared Use Path 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. Balance of Page Intentionally Left Blank 2/3/14 STANDARD FORM OF AGREEMENT BEIWEEN OWNERAND CONTRACTOR(9 2011) UJNA)� j FIRST SECOND 31" 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 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. Balance of Page Intentionally Left Blank 2/3/14 STANDARD FORM OF AGREEMENT BEIWEEN OWNERAND CONTRACTOR(9 2011) UJNA)� j US 1 Bayside Shared Use Path 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 US 1 Bayside shared Use Path Project the Contract Sum of TWO MILLION ONE HUNDRED SEVENTY SIX THOUSAND THREE HUNDRED TWENTY DOLLARS AND ONE CENTS ($2,176,320.01), 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 Section 00110. 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 last day of the month. 5.3 County shall pay pursuant to the Local Government Prompt Payment Act 218.70. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Owner may require. This schedule, unless objected to by the Owner, shall be used as a basis for reviewing the Contractor's Applications for Payment. 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 Ten percent (10 %). 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 2/3/14 STANDARD FORM OF AGREE 4WFBETWEENOWNERANDCONTRACTOR(9 - 201 1) 00500-4 US 1 Bayside Shared Use Path 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 Ten percent (10 %): 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 percent (90 %) of the Contract Sum, less such amounts as the Owner recommends and determines for incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follows: None 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: 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 2/3/14 STANDARD FORM OF AGREQv1ENT BETWEEN OWNER AND CONTRACTORP 2011) W-NYU 3 US 1 Bayside Shared Use Path 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 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 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, or the Federal Emergency Management Agency or its designee, 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) 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 2/3/14 STANDARDFORMOfAGREEEMENI 'BETWEENOWNERANDCON P'ACTOR(9 2011) UUNl -b US 1 Bayside Shared Use Path shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. This Agreement shall not be subject to arbitration. 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 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 terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. f) Authority: Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 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) Nondiscrimination: County and Contractor agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss.1681 -1683, 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, 2/3/14 STANDARD FORM OFAGREEVBWr BETWEEN OWNERANDCONTRACTOR (9 2011) 00500 -7 US 1 Bayside Shared Use Path 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 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) Monroe County Code Chapter 13, Article Vl, 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. i) 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. j) Code of Ethics: County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. k) 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. 1) 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. Pursuant to F. S. 119.070 1, Contractor and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: (a) Keep and maintain public records that ordinarily and necessarily would be required by Monroe County in order to perform the service. (b) Provide the public with access to public records on the terms and conditions that Monroe County would provide the records and at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. 2/3/14 STANDARD FORM OF AGREEMENT BETWIEN OV;NEP'AN CONTRACrOR(9 2U'1) w-NJU-6 US 1 Bayside Shared Use Path (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to Monroe County all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to Monroe County in a format that is compatible with the information technology systems of Monroe m) Non - Waiver of Immunity: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Contractor in this Agreement and the acquisition of 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. n) 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. o) 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. P) 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. q) 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. 2/3/14 STANDARD FORM OF AGREBTWr BETWEEN OWNERAND CONTRACTOR(9 - 201 1 ) 00500-9 US 1 Bayside Shared Use Path r) 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. S) 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. t) 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. U) Special Conditions, if any are detailed in Section 01000 of the Project Manual for this Project. V) Hold Harmless and Indemnification: Notwithstanding any minimum 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 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 the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event the completion of the project (including the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. w) Adjudication of Disputes or Disagreements: The Owner and Contractor agree that all disputes and disagreement shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at public 2/3/14 STANDARD FORM OF AGREEMENT BEIWEEN OWNERAND CONTRACTOR(9 - 201 1) 00500.10 US 1 Bayside Shared Use Path meeting of the Board of County Commissioners. 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 provision does not negate or waive the provisions of Paragraph X concerning cancellation. x) 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. Y) 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. Z) Insurance: In addition to insurance provisions contained elsewhere, the Contractor shall name the Florida Department of Transportation as additional insured on any and all liability policies providing coverage, and require any subcontractors to name the Florida Department of Transportation as additional insured on any and all liability policies providing coverage for operations related to the project. Evidence of coverage and additional insured endorsements shall be provided prior to the commencement of work. 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 ply. 7.9 No third Party Beneficiaries: Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 7.10 Americans with Disabilities Act of 1990 (ADA) -The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 7.11 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the 2/3/14 STANDARD FORM OFAGREElV1INT BETWEEN OWNERANDCONIRA C1UK(y 1u11) w_u __ 11 US 1 BUside Shared Use Path opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 7.12 The Contractor shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility 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 employment eligibility of all new employees hired by the subcontractor during the Contract term. 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 April, 2014 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: 2/3/14 STANDARDFORMOF AGREEMENT BEiWEENOWNERANDCONTRACTOR(9 2011) 0050412 US 1 Bayside Shared Use Path Sheets 1 through 182 (Metric Engineering, Inc. Signed and Sealed 4/15/2014). Sheets CTL -1 through CTL -6 (Manuel G. Vera & Associates, Inc. Signed and Sealed 4/16/2014). Sheets S -2 through S -65 Signing and Pavement Marking Plans (Metric Engineering, Inc. Signed and Sealed 4/15/2014). 9.1.6 The Addenda, if any, are as follows: addendum 1 to bid documents issued June 6, 2014. 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. See Article 1. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first written above in four (4) counterparts, each of which shall, without proof or accounting for Sher counterparts, be deemed an original contract. HEAVILIN, Clerk eputy Date (SEAL) Attest: By: D 1116 /R014- BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By ayor Cor, Lotn Title:1* Title: END OF SECTION 00500 MONROE COUNTY ATTORNEY ^R O T L NATILEENE W. CASSEL ASSTS CANT COUNTY ATTORNEY 2/3/14 STANDARDFORMOFAGREalENTBEIWEINOWNERANDCONTRAC TOR( 2011) 00500-13 Policy # DTC0862K5925TIL14 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section II) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury ", "property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract. requiring insurance ", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section III — Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products- completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible 'other insurance ", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non - contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance ". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible 'other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such 'other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: CG D2 46 08 05 0 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 M m� o o= m COMMERCIAL GENERAL LIABILITY i. How, when and where the 'occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit' is brought against the additional insured, the additional insured must: I. Immediately record the specifics of the claim or "suit' and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit' as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit ", cooperate with us in the investigation or settlement of the claim or defense against the "suit', and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit' to Policy # DTC0862K5925TIL14 any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to 'other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05 001973 pA98AFff1YF r Additional Insured Endorsement Name of Person or Organization MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 1100 SIMONTON KEY WEST, FL 33040 The person or organization named above is an insured with respect to such liability coverage as is afforded by the policy but this insurance applies to said insured only as a person liable for the conduct of another insured and then only to the extent of that liability. We also agree with you that insurance provided by this endorsement will be primary for any power unit specifically described on the Declarations Page. Limit of Liability Bodily Injury each person/ each accident Property Damage each accident Combined Liability $1,000,000 O each accident All other terms, limits and provisions of this policy remain unchanged. This endorsement applies to Policy Number: 020602951 Issued to (Name of Insured): CONSTRUCT GROUP CORP Effective date of endorsement: 06125/2014 Policy expiration date: 02/11/2015 Form 1198(01/04) Additional Insured Endorsement Name of Person or Organization THE FLORIDA DEPARTMENT OF TRANSPORTATION 1000 NW 111TH AVE MIAMI, FL 33172 The person or organization named above is an insured with respect to such liability coverage as is afforded by the policy but this insurance applies to said insured only as a person liable for the conduct of another insured and then only to the extent of that liability. We also agree with you that insurance provided by this endorsement will be primary for any power unit specifically described on the Declarations Page. Limit of Liability Bodily Injury each person/ Property Damage each accident Combined Liability $1,000,000 0 each accident All other terms, limits and provisions of this policy remain unchanged. This endorsement applies to Policy Number: 020602951 Issued to (Name of Insured): CONSTRUCT GROUP CORP Effective date of endorsement: 06/25/2014 each accident Policy expiration date: 0211 112 01 5 Form 1198(01/04) CER TIFICATE OF LIABILITY INSURANCE { ° OW THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RiGNTB UPON THE CERW"TE HOMIER TINS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIE8 BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE MUING INSURERP), AI)THORI ED REPRESMATNE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. If the ear dlicsta holder Is an ADDITIONAL INSURED, the policy(Is) must be andorsed. If SUBROGATION IS WAIVED, sulodta ft torms wW corwill3ons of the pollcy, corbin policies may require an endowment- A t an this a rnNeaa dolls not confer e#ft to Ure cwMicat► holder in Neu of such endorsement(s). POOOUI Shirley LICia Saul Insurance Agency In .. 8100 NW 155 Street Ste 201 StateR m Miami Lakes, FL 33016 dienaftshirlaysad AFPaHmerGCaVeRArsE MCI 1N*w= Construct Group Corp. 8145 W 28TH AVE STE 217 HIALEAH FL 33016=5116 COVERAGES CERTIFICATE NUMBER; REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REWIUIREMENT, 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 HEWN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LINKS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF ORAL LuusLmr COMMERCIAL GENERAL LIABILM CWWrIr -wm ❑ ocam LAvn EACH OCCURRENCE i PR OMM WA mQ e MEDEXPQ"cmpww a PERSONAL S ADV aiAIRY $ �- GENERAL AGGREGATE s GBrLAGGREGATE LIWT APPLIES PEK POLICY Loc PRODUCTS - COMPA]PAGO s t A AUTOMOSILELIAM Y ALL OWNED NON ANY AUTO AUTO X HIRED AUTOS X AUTOS Fleet Poi Y 8834839 0110112014 01!01121113 X11_, _ s_ 1. 000.0 00 BODILY NQURY (ft PMaw) ; X I 11OOILYIN1LMtY(Par loddgnq ; X X i : uMe�u A uAS EXCEM U48 oculR OCC MAI>e ISK _iff BY � WANER WA� GEM EACH ooaURRENCE s NIA 9 AGGREGATE _ NORKERSDOMPENSAMN AND EIMPI.oY1M UA NIM AWPROPR7ETORIP ; YIN CIFICEJMEMBEREXCLUOM a yea � +► A ELEACHACOIDENT s -- S YES_ _ EL DISEASE- E AEMPLw E S EL DISEASE - POUCY UWT s P9 DESCRWnON Of OPEaA71ONSI LOCATIONS I VORCLES ( ACORD tm, AddFJo" IEamotm erhrar., Naaera apaoa k.ww.a1 Project Info ww ion PTOjW New; US- Bayside Shared Use Pam Contract No.: BID- 264MI41oc County: Monroe COC No.: 1418 AdMonal Inauted The Monroe Cou my Board of County Commissioners, its ernployees and ofticiab Monroe County Boar! of County Commis onera 1100 Simonton Stnwt Key West, FL 33040 3HOULO ANY OF TIE A POLIO BE CANCELLED BEFORE TIE © �tATKaN W►T�NOTICE MrILI. BE DtBJVEItt;D IN A 'E WITH THE ROVISIONS. ACORD 25 (201M 3) The ACORD name and Ingo are registered marks of ACORD 10014ae 132849 01 -23 -2013 Policy # DTC0862K5925TIL14 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section II) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury ", "property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance ", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section III — Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products- completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible 'other insurance ", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non - contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance ". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible 'other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such 'other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: CG D2 46 08 06 0 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 Policy # DTC0862K5925TIL14 o o o rte_ r m� o�T m COMMERCIAL GENERAL LIABILITY i. How, when and where the 'occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the 'occurrence" or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: I. Immediately record the specifics of the claim or "suit' and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit' as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit', cooperate with us in the investigation or settlement of the claim or defense against the "suit', and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit' to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to 'other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05 001973 RRVOREJl/UE Additional Insured Endorsement Name of Person or Organization MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 1100 SIMONTON KEY WEST, FL 33040 The person or organization named above is an insured with respect to such liability coverage as is afforded by the policy but this insurance applies to said insured only as a person liable for the conduct of another insured and then only to the extent of that liability. We also agree with you that insurance provided by this endorsement will be primary for any power unit specifically described on the Declarations Page. Limit of Liability Bodily Injury each person/ each accident Property Damage each accident Combined Liability $1,000,000 0 each accident All other terms, limits and provisions of this policy remain unchanged. This endorsement applies to Policy Number: 020602951 Issued to (Name of Insured): CONSTRUCT GROUP CORP Effective date of endorsement: 06125/2014 Policy expiration date: 02/11/2015 Form 1198(01/04) pROCAEffIVE� Additional Insured Endorsement Name of Person or Organization THE FLORIDA DEPARTMENT OF TRANSPORTATION 1000 NW 111TH AVE MIAMI, FL 33172 The person or organization named above is an insured with respect to such liability coverage as is afforded by the policy but this insurance applies to said insured only as a person liable for the conduct of another insured and then only to the extent of that liability. We also agree with you that insurance provided by this endorsement will be primary for any power unit specifically described on the Declarations Page. Limit of Liability Bodily Injury each person/ each accident Property Damage each accident Combined Liability $1,000,000 O each accident All other terms, limits and provisions of this policy remain unchanged. This endorsement applies to Policy Number: 020602951 Issued to (Name of Insured): CONSTRUCT GROUP CORP Effective date of endorsement: 0612512014 Policy expiration date: 02M 112 01 5 Form 1198(01/04) . < a NIELSON, WOJTOWICZ, NEU & ASSOCIATES June 25,2014 u; Construct Group Corp. 8145 W 28th Avenue, Ste. 217 LL Hialeah,FL 33016 0 RE: Monroe County Board of County Commissioners, as Obligee US 1 Bayside Shared Use Path, as Project a Bond#0183662 I- z Dear Ladies and Gentlemen: 0 Please supply us with the following information for the above captioned final bond: Executed Contract with Date: X N This letter is also giving Monroe County Board of County Commissioners, as Obligee,the authority to complete these bonds by dating the bonds with the contract date, execution and Power of Attorney dates. The contract date MAY BE THE SAME date as the execution of O the bond or PRIOR to the execution date of the bonds. dS w We will forward this information onto your surety company upon our receipt. Please return as O soon as possible. Thank you for your cooperation. W_ Sincerely, U l �s W LL LL W W Kevin Wojtowicz z Attorney-in-Fact KRW/jms 0 0 - U ST.PETERSBURG 1000 Central Avenue, Suite 200,St. Petersburg, FL 33705 P:727.209.1803 F:727.209.1335 ASHEVILLE 210 Westover Drive,Asheville, NC 28801 P: 828.505.7431 www.nielsonbonds.com t aIiIAI of SLL'66 -gal -119 W)UN moil Xnmq�iig s9asaanO /i /S pgo2I aWJS 3o ap ?S IsaM auI Iu palvao-I laafo.id filed asfl pa.iugS aplsCeg I Sfl ` /vIOZ *ON laafo.id :s,3 - 4coNd tSL8 Ob0££ 'I3 Isam Xax polls uoluowlS 0011 s.iauoissiwwoD XlunoD jo pnog XIunoo ooiuow :IAHOI'IgO £081 - LZL 90L££ I3 `2 -ingszalad 'IS OOZ aI ?nS `onuan'V je.zluOD 0001 oul `saleioossV W noX `zoimolfom `uosjolM :,LIB 99V 008 £ 0£890 J D `g peo-d IuogLUealS gLb XuedwoD ooueansul X;Djxzag :A,La2IflS gM 910££ 'I3 `LlealuiH L I Z 'aIS `onuanV ,,8Z M gt18 •dioD dnoig larulsuoD :Holjvldl oa •uoa.iagl palui.id -aad aq Sum lugl (s).iagwnu Cue 3o ssalp m2a i a2ud sigi of luanbasgns pauiaap aau (s)a2ud puog aagio lld -I ioM a►lgnd `(u)(I) SO 'SSZ iaideg3 sainlulS epiao13 glim a3uuilduio3 ul Z99£8i0 'ON (INOtt 30 l.iud pue of pagauliV SO'SSZ alnlulS ep►aolA Quog lNaWAVd Dirigfnd 30 :l0Vd ,LN0HA f I 9 s r US 1 Bayside Shared Use Path Bond No: 0183662 SECTION 00850 PUBLIC CONSTRUCTION BOND BY THIS BOND, We Construct Group Corp. , as Principal and Berkley Insurance Company , a corporation, as Surety, are bound to Monroe County Board of County Commissioners , herein called Owner, in the sum of $ T w o M i ll i o n One Hundred Seventy -Six for payment of which Thousand Three Hundred Twenty Dollars and One Cent ($2,176,320.01) we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: Performs the contract dated i-Gbit �� fih , 20 �� between Principal and Owner for construction of US 1 Bayside Shared Use Path Proiect Key Largo Monroe County, Florida The contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. 5. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Sec. 255.05(2) Florida Statues. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. Dated , 2014. Construct (Name of By (As Attorney i act) K vin R. Wojtowicz & FL License sident Agent Berkley Insurance Company (Name of Surety) CND OF SECTION 00850 2/3/14 PUBLIC CONSTRUCTION BOND 00850 -1 POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company "), a corporation duly ° organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Sevin R. Wojtowicz, John R. Neu, David R. Turcois or U Glenn Arvanitis of Nielson & Company, Inc. of St Petersburg, FL its true and lawful Attorney -in -Fact, to sign its name as surety CIS only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00 /I00 U.S. Dollars U ([I,S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following c resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on Jan uary 25, 2010: RESOLVED, that with respect to the Surety business written by Berkley Surety Group, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant L Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the o corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such ° attorney -in -fact and revoke any power of attorney previously granted; and further 0 o RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, ¢ or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the s manner and to the extent therein stated; and further o RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any L power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or ° 'E other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as 3 though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have 'Q ceased to be such at the time when such instruments shall be issued. 0 ° IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this J day of 2013. Berkley Insurance Company Attest: O � 72� (Seal) By t B*enior li . Ira . Lederman after Senior Vice President & Secretary Presi dent WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE " BERKLEY" SECURITY PAPER. U ° STATE OF CONNECTICUT) o ) ss: ¢ COUNTY OF FAIRFIELD ) 0 0 , 2013, b Ira S. Lederman and N � Sworn to before me, a Notary Public in the State of Connecticut, this j day of �theen�ior Y y Jeffrey M. Hafter who are sworn to me to be the Senior Vice President and Secretary and ic e resident, respectively, of y Berkley Insurance Company. �, WTAp1(ptlBW otary Public, State of Co ��IONEI(PIR BC BSI 7 T J CERTIFICATE o 1, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a z true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded z and that the authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. 3 - Given under my hand and seal of the Company, this day of (Seal) Turn CONST -8 OP ID: JP ACORC)" CERTIFICATE OF LIABILITY INSURANCE �-� DA06/251D/YY 06/25!4 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 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 MDW Insurance Group Inc 362 Minorca Ave Coral Gables, FL 33134 de la Huerta NAME: Paulina Huerta PHONE FAX aC No E.0; 305 - 569 -6729 A/c No) 305 - 444 -4980 ADDRESS: M aria phuerta mdwinsurance.com INSURER(S) AFFORDING COVERAGE NAIC N INSURER A: Travelers Property Casualty CO INSURED Construct Group Corp. 8145 West 28th Avenue, #217 Hialeah, FL 33016 INSURER B: Progressive Express Ins Co DAMAGE TO RENTED PREMISES Ea occurrence INSURER C:ST Paul Fire & Marine Ins Co A INSURER D Bridgefield Employers Ins Co X INSURER E : DTC0862K592STIL14 02/28/2014 INSURER F: CLAIMS -MADE Fx_] OCCUR COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS 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 LTR TYPE OF INSURANCE County Commissioners POLICY NUMBER MM /DD MM DDY/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 DAMAGE TO RENTED PREMISES Ea occurrence $ 300,00 A X COMMERCIAL GENERAL LIABILITY X DTC0862K592STIL14 02/28/2014 02/28/2015 CLAIMS -MADE Fx_] OCCUR MED EXP (Any one person) $ 5,00 PERSONAL 8 ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,00 $ POLICYL PRO LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,00 BODILY INJURY (Per person) $ B ANY AUTO X 020602951 02/11/2014 02/11/2015 BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS X AUTOS NON -OWNED HIREDAUTOS AUTOS ETY DNM PER CC AGE $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,00 AGGREGATE $ 4,000,00 C EXCESS LIAB CLAIMS -MADE X ZUP12S8491014NF 02128/2014 02/28/2015 DED I X I RETENTION $ 10,000 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN N ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER/MEMBER EXCLUDED? a (Mandatory in NH) N/A 83043280 10/18/2013 10/16/2014 WC ST X T RY LIMIT MIT E ER R E.L. EACH ACCIDENT $ 1,000,00 E L. DISEASE - EA EMPLOYEE $ 1,000,00 E.L. DISEASE - POLICY LIMIT $ 1,000,00 If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Addi tional Insured applies in favor of Certificate Holder and the Florida Department of Transportation with respect to the Commercial General RISK A GEMEW Liability, Commercial Auto Liability 6 Umbrella policy as required by written contract for Project Name: US -1 Bayside Shared Use Path; Contract BY 7 No.: BID -26 -0- 2014 /ec; County: Monroe; CGC No.: 1418. DA �� .,` WAIVER W ES CFDT1CIrATF wn1 ni=p CANCELLATION © 1988 -2010 AGORD GORPORATION. An ngnts reservea. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County Board of tY ACCORDANCE WITH THE POLICY PROVISIONS. County Commissioners 1100 Simonton Street Key West, FL 33040 AUTHORIZED REPRESENTATIVE �#A m� © 1988 -2010 AGORD GORPORATION. An ngnts reservea. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD