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01/18/2019 Agreement County ®f Monroe BOARD OF COUNTY COMMISSIONERS Mayor Sylvia J.Murphy,District 5 The Florida Keys r. riotMayor Pro Tern Danny L.Kolhage,District 1 George Neugent,District 2 <£ _ ` Heather Carruthers,District 3 David Rice,District 4 Monroe County Board of County Commissioners Office of the County Administrator The Historic Gato Cigar Factory 1100 Simonton Street, Suite 205 Key West,FL 33040 (305)292-4441 —Phone (305)292-4544-Fax MEMORANDUM TO: Pam Hancock, Deputy Clerk FROM: Lindsey Ballard, Aide to County Administrator DATE: January 25, 2019 SUBJECT: Small Contract Small contract for your records only. Enclosures: Marathon Electric— 1 copy enclosed ATTACHMENT D.6 COUNTY ADMINISTRATOR CONTRACT SUMMARY:FORM FOR CONTRACTS LESS.THAN$50,000.00: : Contract with: ',Marathon Electric Contract# Effective Date: When fully executed Expiration Date: 60_days I Contract Purpose/Description: Perform minor repairs to Eights along the paved path'.on Duck Key Drive that were. _ _ Damaged by Hurncane IRMA :-Duck Key Dnve_is a federal aid road and Federal Highway Ad inistration determined that the_l7 lights in'this contract.required repairs that are considered"heavy maintenance"and therefore not re>mbursatle by FHWA_. Contract is Original Agreement Contract Amendment/Extension:Renewal . Contract Manager r JudyClarke_ 4329 { Engineering#1 (Name) Ext. (Department/Stop #) CONTRACT COSTS Total Dollar Value of Contract $ 6,510 `` ,.:Current Year Portion: $ 6,510 (must,be less than$50,000) • r ' (If multiyear agreement then { requires BOCC approval,unless the total cumulative amount is less than r S50 ,000.00). Budgeted?Yes X Non Account Codes: 102-.22504-530460 - Grant: - : , . : County Match: $ _ - - . . - ADDITIONAL COSTS Estimated Ongoing Costs: g � g. $ /yr For: . .. . (Not included in dollar value above) (e.g.maintenance utilities,janitorial,salaries,'etc.) CONTRACT REVIEW . . Changes Date Out Dale In Need d , Reviewe Department Head /-/ Z/i Yesn No � ' L-�f✓ /-//ZQ/Y Risk Management 177(1 Yesn No0 >` v . . . 7 [: ,(346. O.M.B./Purchasing 1 el Yes0 No WA/J4-116. ( It ST.//9 County Attorney ? (!- Yes E NOE 1114-1 Comments: , yn nee .: $` Ly ed SI Or. pa r's' (61316,1>.w(Oil fL c chit h&r) �i?o-5 ` c, S9 0 o f }afa4 to 4��7 50 ferY fry,„S ! abuif wo_r'Ao o RG►'l�G,n�A P r� COn o �'. Agreement Between Owner and Contractor THIS AGREEMENT is entered into by the Monroe County Board of County Commissioners ("BOCC" Owner"), a political subdivision of the State, 1100 Simonton Street, Key West, Florida 33040, and Marathon Electric Sign & Light, Inc. ("Contractor"), 10690 Aviation Boulevard, Marathon, FL 33050 this IStit day of Sgnu t , 2019 for the Duck Key Path Light Repairs ("Project") The Owner and Contractor agree as set forth below. ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (as applicable), Specifications (as applicable), Insurance Requirements and Documents. 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 Scope of Work of this Contract The Contractor shall execute the entire Project Work as follows: Scope of Work is repairs to 17 lights along shared use path on Duck Key Drive as described in Attachment A. ARTICLE 3 Date of Commencement and Substantial Completion 3.1 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 60 Days after the Date of Commencement, subject to adjustments of the Contract Time as provided by the Contract Document. 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 Duck Key Path Light Repairs the Contract Sum of SIX THOUSAND FIVE HUNDRED AND TEN DOLLARS, ($6,510.00), subject to additions and deductions as provided in the Contract Documents. ARTICLE 5 Payments 5.1 County shall pay pursuant to the Local Government Prompt Payment Act 218.70 upon receipt of a Proper Invoice from the Contractor. Payments due and unpaid under the Contract shall bear interest pursuant to the Local Government Prompt Payment Act 218.735. Final Payment 5.2 Final payment, constituting 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 found within one year after the date of Substantial Completion, which the Contractor shall correct promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. This obligation shall survive acceptance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after discovery of the condition: and (2) a fmal Project Certificate for Payment has been issued by the Project Manager: such fmal payment shall be made by the Owner not more than 20 days after the issuance of the final Project Certificate for Payment. ARTICLE 6 Insurance 6.1 Prior to commencement of work the Contractor will provide satisfactory evidence of insurance as required Insurance Statement. 6.2 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. Insurance Statement The Insurance requirements are as follows: Insurance Requirement Limits Worker's Compensation Statutory Limits Employer's Liability WC 1 $100,000/$500,000/$100,000 General Liability GL2 $ 500,000 Combined Single Limit GLXCU *Required Endorsement Underground,Explosion and Collapse (XCU) Vehicle Liability VL1 $50,000 per person; $100,000 per occurrence (Owned,hired and $25,000 Property Damage Non-owned Vehicles) or $100,000 Combined Limit Page 2 Duck Key Light Repairs Agreement Between Owner and Contractor All insurers shall have an A.M. Best rating of VI or better and shall be licensed to do business in the state of Florida. ARTICLE 7 Miscellaneous Provisions 7.1 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. 7.2 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. 7.3 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. 7.4 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 Page 3 Duck Key Light Repairs Agreement Between Owner and Contractor attomey'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. 7.5 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. 7.6 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. 7.7 Non-Discrimination. The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any -N further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1)Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended(20 USC §§ 1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6)The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 1201), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. The Contractor agrees that this provision shall be inserted in all subcontracts. 7.8 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. 7.9 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 Page 4 Duck Key Light Repairs Agreement Between Owner and Contractor 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. 7.10 Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119,Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents,records,papers, letters or other"public record"materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes,and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party,be entitled to reimbursement of all attomey'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 records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public Page 5 Duck Key Light Repairs Agreement Between Owner and Contractor records request within a reasonable time may be subject to penalties under section119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY- BRIANAMONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. 7.11 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. 7.12 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 General Insurance Requirements. 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 Page 6 Duck Key Light Repairs Agreement Between Owner and Contractor rightfully or wrongfully brought or filed. The Contractor agrees that the County may select the attorneys to appear and defend such claims 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. The 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. 7.13 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 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 concerning termination. 7.14 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. 7.15 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. 7.16 Written Notice: Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. All written correspondence to the Owner shall be dated, and signed by an authorized representative of the Contractor. The correspondence shall be directed to: Ms. Judith Clarke,P.E. Director of Engineering Services Monroe County Public Works and Engineering Division 1100 Simonton Street Key West,Florida 33040 Page 7 Duck Key Light Repairs Agreement Between Owner and Contractor ARTICLE 8 Termination or Suspension 8.1 Termination for Cause 8.1.1 Contractor or Owner, may terminate this agreement, for cause, after providing Written Notice of the default and if said default is not cured within 15 days,the agreement may be terminated upon five(5)additional days' Written Notice. 8.2 Termination for Convenience and suspension by Owner 8.2.1 Contractor or Owner may terminate this agreement, without cause,upon providing 30 days Written Notice. 8.2.2 The Owner may,without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 8.3 Scrutinized Companies If the County determines that the Contractor has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4),Florida Statutes, are met. L ARTICLE 9 Special Conditions 9.2 Cleaning Up 9.2.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove from and about the project waste materials rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. Clean up shall be performed to the satisfaction of the Owner. 9.3 Access to Work 9.3.1 The Contractor shall provide the Owner's Representative and the Owner access to the Work in preparation and progress wherever located. 9.4 Care of Trees,Shrubs and Grass 9.4.1 The Contractor shall be fully responsible for maintaining in good condition all vegetation inside the County right-of-way. Contractor will conduct work in a manner that minimizes the amount of vegetation that is impacted by the Work. Where vegetation must be removed or destroyed incident to the construction operation, the Contractor, after completion of the work, must replace or restore to the original condition all destroyed or damaged shrubbery, grass areas or pea rock areas. 9.5 Maintenance of Traffic Page 8 Duck Key Light Repairs Agreement Between Owner and Contractor 9.5.1 The Contractor shall be responsible for the proper maintenance control and detour of traffic in the area of construction, during the course of construction. All traffic control and maintenance procedures shall be in accordance with the requirements of the Florida D.O.T. 9.5.2 All traffic control signs and devices,barricades, flashers, flambeaus and similar devices shall be furnished and maintained by the Contractor. 9.5.3 Construction shall be conducted in such a manner to cause the least possible interruption to traffic. Necessary access to and from adjacent properties shall be provided at all times. 9.6 Barricades and Protection of Work 9.6.1 The Contractor shall protect his work throughout its length by the erection of suitable barricades, where required. He shall further indicate his work at night by the maintenance of suitable lights or flares. He shall comply with all laws or ordinances covering the protection of such work and the safety measures to be employed therein. The Contractor shall carry out his work so as not to deny access to private property. All utility access manholes, valves, fire hydrants, and letter boxes shall be kept accessible at all times. 9.6.2 In the event or threat of a hurricane the Contractor shall remove all equipment and material from the roadway. He shall make the area safe to traffic and pedestrian. No object from the site should pose a threat to anyone caused by wind or water. 9.7 Permits,Fees and Notices 9.7.1 The Contractor shall secure and pay for all permits, impact fees, governmental fees, licenses, inspections and surveys required by Federal, State, or Municipal bodies having jurisdiction over the project for the proper execution and completion of the Work which are customarily secured after execution of the Contract. 9.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 9.7.3 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 Safety Precautions and Programs 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. Page 9 Duck Key Light Repairs Agreement Between Owner and Contractor 10.2 Safety of Persons and Property 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage,injury or loss to: 1. employees on the Work and other persons who may be affected thereby; 2. the Work and materials and equipment to be incorporated therein,whether in storage on or off the site,under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontractors; 3. other property at the site or adjacent thereto, such as trees, shrubs, lawns,walks, pavements,roadways, structures and utilities not designated for removal,relocation or replacement in the course of construction; and 4. construction or operations by the Owner or other Contractors. 10.2.2 The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, 10.3 Emergencies 10.3.1 In an emergency affecting safety of persons or property,the Contractor shall act,at the Contractor's discretion,to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined by the Owner. Article 11 Change Orders 11.1 Description: A Change Order is a written instrument prepared by the Owner and signed by the Owner and Contractor stating their agreement upon all of the following: 1. A change in the work 2. The amount of the adjustment in the contract Sum, if any; and 3. The extent of the adjustment in the Contract Time, if any. 11.1.1 Changes in the Work may be accomplished after execution of the contract,and without invalidating the Contract, by Change Order. The Contractor may only seek a no cost Change Order for such reasonable time as the Owner may determine. 11.2 Procedure: Should the Owner contemplate making a change in the Work or a change in the Contract Time of Completion,the Director of Engineering Services will provide the Contractor a description of the contemplated change. The Contractor will either: 1. Make the described change in the Work at no change in the Contract Sum and no change in the Contract Time of Completion; 2. After analyzing the described change, promptly advise the County Director of Engineering Services as to credit or cost proposed for the described change and time adjustment, if any; or 3. Meet with the County Director of Engineering Services as required to explain costs and time adjustments when appropriate and determine other acceptable ways to achieve the desired objective. Page 10 Duck Key Light Repairs Agreement Between Owner and Contractor IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first written above.- BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA By: C o(int31 A inistrator Date lI< -2-04 . . . CON C, Oti WITNESS By: . By: RPrinted name: ® 1E9- Printed name: Title: - rzesb.Lbeklf Title: MONROE COUNTY ATTORNEY V�E�AS FORM: CHRISTIINNE LIMBERT-BARROWS ASSISTANT CO ORNEY DATE; Page 11 Duck Key Light Repairs Agreement Between Owner and Contractor ATTACHMENT A CONTRACTOR PROPOSAL AND SCOPE OF WORK Page 12 Duck Key Light Repairs Agreement Between Owner and Contractor DUCK KEY STREET LIGHTS-REPAIRS POLE# CONDITION REPAIRS TO BE DONE PRICE 1 BROKEN LAMP, GLOBE STUCK REPLACE LAMP,BALLAST, &GLOBE $425.00 2 NO LAMP, BAD BALLAST, NO GLOBE REPLACE LAMP, BALLAST, &GLOBE $425.00 4 BROKEN SOCKET, NO GLOBE REPLACE LAMP, BALLAST, SOCKET&GLOBE $425.00 5 BROKEN LAMP, GLOBE STUCK REPLACE LAMP, BALLAST, &GLOBE $425.00 7 BROKEN LAMP, GLOBE STUCK REPLACE LAMP, BALLAST, &GLOBE $425.00 8 BAD BALLAST REPLACE LAMP &BALLAST $310.00 12 BROKEN LAMP, GLOBE STUCK REPLACE LAMP, BALLAST, &GLOBE $425.00 14 BROKEN LAMP, GLOBE STUCK REPLACE LAMP, BALLAST, &GLOBE $425.00 15 BAD BALLAST, NO GLOBE REPLACE BALLAST&GLOBE $425.00 16 MISSING BASE COVER REPLACE BASE COVER $235.00 19 NEEDS BASE COVER REPLACE BASE COVER $235.00 21 BROKEN LAMP, GLOBE STUCK REPLACE LAMP, BALLAST, &GLOBE $425.00 24 BAD BALLAST, NO GLOBE REPLACE BALLAST&GLOBE $395.00 25 BROKEN LAMP, GLOBE STUCK REPLACE LAMP, BALLAST, &GLOBE $425.00 26 BROKEN LAMP, GLOBE STUCK REPLACE, LAMP, BALLAST, &GLOBE $425.00 27 BROKEN LAMP, GLOBE STUCK REPLACE LAMP, BALLAST, &GLOBE $425.00 28 NEED BASE COVER REPLACE BASE COVER $235.00 $6,510.00 Untitled Map Legend Write a description for your map. 0 Always Enough SportFishing fit, >�« Dolphin Connection E Duck Key • a Duck Key Marina LLC I I, Hawks Cay Resort t� ii .**01 1. ,.. .... . '7 Y ./ • ,tom= ' r ` '"; ?4 'y ti z Qj ,;s%r �, >. ��� di 1.0 'sue n [ % 1 ,`:. 'j�i. 4. ` ` ' y � S!Y - '' W�'Y / 1J Y.� ley �4 [, t t ifiriti a ry , _ fa ' °i', l ter. '� T '111,_,..! ••••,: } ,.:� •U`.. .. l i l � . it.�q; ��-3� 'b.- Y, . : '. A . 4 �t S s yr ‘�+ o e ' _v - Y n C Ky t i! , tY' rxf .\�\- +� 127 {,= i•, `�„ a'Ya / r�i a p�� ..,,, , Cii t`�Q S_n tie - �,: ..Y. -' n _ # . ,�-ie�i t+ °,'rateri. +•"�! `i� t .. �, .' 11 y tt r • ;.•ji�'i[ �� �,.f"� `ra, ,P .�.1..G .m. f. ." - .®_ 21.�r,,. ,.?,i.:° .!.,, '��s. \'.s '+"Pi..- •0! t• ^• T • �.14 MARAELE-02 CAPWELLC '4 oA CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 01/07/2019 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 Julie Broche NAME: Keys Insurance Services a Division of IOA PHONE I FAX P.O.Box 500280 (A/C,No,Ext): (A/C,No): Marathon,FL 33050 ADDRIESS:Julie.Broche@ioausa.com INSURER(S)AFFORDING COVERAGE NAIC S INSURER A:American Empire Surplus Lines Insurance Company 35351 INSURED INSURER B:Allstate Insurance Company 19232 Marathon Electric Sign&Light,Inc. INSURER C: 10690 Aviation Blvd. INSURER D: Marathon,FL 33050 INSURER E: _ INSURER F: 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MM/DD/YYYYI (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR 18CG0219047 02/24/2018 02/24/2019 DAMAGE TO RENTED 100,000 X PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 5,000 ' PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,000 X POLICY jE�T LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ ANY AUTO 048859444 02/24/2018 02124/2019 _BODILY INJURY(Per person) $ SCHEDULEDAUSX AUTOS BBOODILYINJUpRY(Peraccident) $ X AUTOS ONLY X NON-OWNEDO (Per acEcrdent)AMAGE $ Uninsured Motor $ 300,000 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION "LI,J by RISK MANAGEMENT PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETORIPARTNER/EXECUTIVE E.L.EACH ACCIDENT $ FFICER/MEMBER EXCLUDED? N/A v t=R N/A YES Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES JACORD 101,Additional Remarks Schedule,may be attached if more space is required) When required by written contract Blanket Additional Insured applies as respects:General Liability on a primary and non-contributory basis for ongoing and completed operations per forms CG 20 33 0413&CG 24 04 05 09. /APP 2 V RIS ANAGEMENT BYDA WAI R / ES J CERTIFICATE HOLDER. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Monroe County 1100 Simonton Street ram? ;� - ram IKey West,FL 33040 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD