Item C15 C.15
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
March 21, 2019
Agenda Item Number: C.15
Agenda Item Summary #5279
BULK ITEM: Yes DEPARTMENT: Engineering/Roads
TIME APPROXIMATE: STAFF CONTACT: Clark Briggs (305)295-4306
n/a
AGENDA ITEM WORDING: Approval to award bid and approve a contract with Charley
Toppino and Sons, Inc. for construction of Stock Island II Roadway Improvements project in the
amount of $3,423,967.26. The construction is being partially funded by a Florida Department of
Transportation (FDOT) Small County Outreach Program (SLOP) grant with a $1,797,658.25 FDOT
participation and a County match of$1,626,309.01
ITEM BACKGROUND: The Stock Island 11 Roadway Improvements Project was advertised for
bids on December 1, 2018. One bid was received on January 15, 2019 with Charley Toppino and
Sons, Inc. being the only responsible bidder. The roadways in the Stock Island 11 Roadway
Improvements Project have been identified by the County's Asphalt Pavement Evaluation and
Management Program as an area of poor pavement condition and requiring drainage improvement.
The project design takes into consideration sea level rise projections based on 2015 tidal data. The
roads included in this project consist of MacDonald, Maloney and Peninsular Avenues.
PREVIOUS RELEVANT BOCC ACTION:
In January 2019, the BOCC approved a task order with RS&H, Inc. for Construction Engineering
and Inspection (CEI) Services for the Stock Island 11 Roadway Improvements Project.
In May 2018, the BOCC approved by Resolution a Florida Department of Transportation (FDOT)
Small County Outreach Program (SLOP) grant agreement for the Stock Island II Roadway
Improvements Project in the grant amount of$1,995,000.00 with a match of$665,000.00 for an
estimated total of$2,660,000.00.
In November 2016, the BOCC approved a contract with EAC Consulting, Inc. for engineering
design and permitting services for the Stock Island II Roadway Improvements Project.
In May 2015 the BOCC approved a continuing services contract with RS&H for construction
engineering and inspection (CEI) services for the Monroe County Roadway and Drainage
Improvement program.
In March 2013 the BOCC approved a contract with Infrastructure Management Services (IMS) for
Asphalt Pavement and Management Services to analyze and prioritize county subdivisions for
roadway improvement work.
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C.15
CONTRACT/AGREEMENT CHANGES:
New
STAFF RECOMMENDATION: Award of bid and approval of contract.
DOCUMENTATION:
Toppinos contract Stock Island II
COI- 3-1-19
FINANCIAL IMPACT:
Effective Date: 3/21/19
Expiration Date: 280 days after notice to proceed
Total Dollar Value of Contract: $3,423,967.26
Total Cost to County: $1,626,309.01
Current Year Portion: $1,219,731.76
Budgeted: Yes
Source of Funds: 304-27000—CR1604 Transportation Projects
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant: $1,797,658.25
County Match: $1,626,309.01
Insurance Required: Yes
Additional Details:
03/21/19 304-27000 - TRANSPORTATION PROJECTS $3,423,967.26
CR 1604
REVIEWED BY:
Judith Clarke Completed 03/01/2019 1:32 PM
Christine Limbert Completed 03/01/2019 5:10 PM
Budget and Finance Completed 03/05/2019 10:43 AM
Maria Slavik Completed 03/05/2019 2:33 PM
Kathy Peters Completed 03/06/2019 11:40 AM
Board of County Commissioners Pending 03/21/2019 9:00 AM
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Section 00500
Standard Form of Agreement
Between Owner and Contractor
Where the basis of payment is a STIPULATED SUM
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AGREEMENT 0
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Made as of the 21 sf day of March in the year of Two Thousand and Nineteen.
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BETWEEN the Owner: Monroe County Board of County Commissioners ("BOCC")
1100 Simonton Street
Key West, Florida 33040 ("Owner")
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And the Contractor: Charlie Toppino & Sons, Inc. c
PO Box 787
Key West, Florida 33041 ("Contractor")
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For the following Project: Stock Island 11 Roadway Improvements Project
Stock Island
Monroe County, Florida ("Project")
Oversight for Owner: RS&H, Inc.
10748 Deerwood Park Blvd South
Jacksonville, Florida 32256
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Engineer: EAC Consulting, Inc.
815 NW 571'Ave, Suite 402 0
Miami, Florida 33126
The Owner and Contractor agree as set forth below.
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ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract(General, Supplementary
and other Conditions), Drawings, Specifications, 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 S
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.
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Notice Requirement U
All written correspondence to the COUNTY shall be dated and signed by an authorized representative
of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and E
hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested,
to the following:
Ms. Judith Clarke, P.E. EE
Director of Engineering Services
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Monroe County
1100 Simonton Street, Room 2-216
Key West, Florida 33040
For the Contractor:
Frank Toppino
Charlie Toppino & Sons, Inc.
PO Box 787
Key West, Florida 33041
ARTICLE 2 U)
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: 0
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Scope of Work is as specified in the Contract Documents and shown on the Drawings and in the S
specifications. The contract constitutes the entire and exclusive agreement between the Owner and the 0
Contractor with reference to the Stock Island II Roadway Improvements Proiect. 0
ARTICLE 3 E
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
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proceed issued by the Owner, the Contractor shall notify the Owner, in writing not less than five days
before commencing the Work.
The date of commencement shall be the date specified in the Notice to Proceed issued to the
Contractor.
3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than
280 Days after the Date of Commencement, subject to adjustments of the Contract Time as provided S
by the Contract Document.
LIQUIDATED DAMAGES
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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 E
Substantial Completion. The liquidated damages table below shall be utilized to determine the amount
of liquidated damages.
FIRST SECOND 31s'DAY &
CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER 0
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.
Uncontrollable Circumstance
3.3 Any delay or failure of either Party to perform its obligations under this Agreement will be
excused to the extent that the delay or failure was caused directly by an event beyond such Party's
control, without such Party's fault or negligence and that by its nature could not have been foreseen by
such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire,
earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of 0
the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or 0
other civil unrest in the geographic area of the Project; (d) government order or law in the geographic a
area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; 0
(f) action by any governmental authority prohibiting work in the geographic area of the Project;(each, a
"Uncontrollable Circumstance"). CONTRACTOR'S financial inability to perform, changes in cost or
availability of materials, components, or services, market conditions, or supplier actions or contract E
disputes will not excuse performance by Contractor under this Section. Contractor shall give County 0
written notice within 7 days of any event or circumstance that is reasonably likely to result in Z
an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance.
Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of
any Uncontrollable Circumstance are minimized and resume full performance under this Agreement.
The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor
may only seek a no cost Change Order for such reasonable time as the Owners Representative may
determine.
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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 Stock Island II Roadway Improvements Project the
Contract Sum of Three Million Four Hundred Twenty Three Thousand Nine Hundred S
Sixty Seven Dollars and Twenty Six Cents ($3,423,967.26), subject to additions and
deductions as provided in the Contract Documents.
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4.2 The Contract Sum is based upon the following alternates, if any, which are described in the U
Contract Documents and are hereby accepted by the Owner: None
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4.3 Unit prices, if any, are as follows: As specified in Section 00110.
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ARTICLE 5
Progress Payments
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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 Florida
Statutes. U)
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 0
Owner, shall be used as a basis for reviewing the Contractor's Applications for Payment. U)
5.5 Applications for Payment shall indicate the percentage of completion of each portion of the 0.
Work as of the end of the period covered by the Application for Payment. 0
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
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the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual
net cost as confirmed by the Owner. When both additions and credits covering related Work or
substitutions are involved in a change the allowance for overhead and profit shall be figured on the basis
of net increase, if any, with respect to that change.
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered
and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved
in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage r-
of Ten percent(10%): . ,
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
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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.
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5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further
modified under the following circumstances: E
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 0
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. c
5.8 Reduction or limitation of retainage, if any, shall be as follows: None
ARTICLE 6 U)
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 0
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: 0
and (2) a Final Project Certificate for Payment has been issued by the Project Manager: such final 0
payment shall be made by the Owner not more than 20 days after the issuance of the Final Project 0
Certificate for Payment.
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ARTICLE 7
Miscellaneous Provisions
7.1 Where reference is made in this Agreement to a provision of the General Conditions or another
Contract Document, the reference refers to that provision as amended or supplemented by other
provisions of the Contract Documents.
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7.2 Payments due and unpaid under the Contract shall bear interest pursuant to the Local
Government Prompt Payment Act 218.735
7.3 Temporary facilities and services:
None.
7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an
annual appropriation by the Board of County Commissioners.
7.5 Public Entities Crimes By signing this Agreement, Contractor represents that the execution of r-
this Agreement will not violate the Public Entities Crime Act (Section 287.133, Florida Statutes). U
Violation of this section shall result in termination of this Agreement and recovery of all monies paid U)
hereto, and may result in debarment from County's competitive procurement activities.
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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 E
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. 0
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 2
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.
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7.6 The following items are part of this contract:
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a) Maintenance of Records: Contractor shall maintain all books, records, and documents U)
directly pertinent to performance under this Agreement in accordance with generally 0
accepted accounting principles consistently applied. Each party to this Agreement or
their authorized representatives, or the Federal Emergency Management Agency or its 0
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 E
years following the termination of this Agreement. If an auditor employed by the County 0
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.
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b) Right to Audit: Availability of Records. The records of the parties to this Agreement
relating to the Project, which shall include but not be limited to accounting records (hard
copy, as well as computer readable data if it can be made available; subcontract files
(including proposals of successful and unsuccessful bidders, bid recaps, bidding
instructions, bidders list, etc.); original estimates; estimating work sheets;
correspondence; change order files (including documentation covering negotiated
settlements); backcharge logs and supporting documentation; general ledger entries
detailing cash and trade discounts earned, insurance rebates and dividends; any other
supporting evidence deemed necessary by Owner to substantiate charges related to this . ,
agreement, and all other agreements, sources of information and matters that may in
Owner's reasonable judgment have any bearing on or pertain to any matters, rights, r-
duties or obligations under or covered by any contract document (all foregoing U
hereinafter referred to as "Records") shall be open to inspection and subject to audit
and/or reproduction by Owner's representative and/or agents of Owner. Owner may E
also conduct verifications such as,but not limited to, counting employees at the job site,
witnessing the distribution of payroll, verifying payroll computations, overhead
computations, observing vendor and supplier payments, miscellaneous allocations, E
special charges, verifying information and amounts through interviews and written
confirmations with employees, Subcontractors, suppliers, and contractors'
representatives. All records shall be kept for seven (7)years after Final Completion.
c) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida applicable
to contracts made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the County and Contractor agree that
venue shall lie in the appropriate court or before the appropriate administrative body in
Monroe County, Florida. This Agreement shall not be subject to arbitration.
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d) Severability: If any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms, 0
covenants, conditions and provisions of this Agreement, shall not be affected thereby; 0
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 0
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement. a
The County and Contractor agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
e) Attorney's Fees and Costs: The County and Contractor agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party relative
to the enforcement or interpretation of this Agreement, the prevailing party shall be
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entitled to reasonable attorney's fees and court costs, as an award against the non-
prevailing party, and shall include attorney's fees and courts costs in appellate
proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement
shall be in accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the circuit court of Monroe County.
f) Binding Effect: The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of the County and Contractor and their respective legal S
representatives, successors, and assigns.
g) Authority: Each party represents and warrants to the other that the execution, delivery r-
and performance of this Agreement have been duly authorized by all necessary County U
and corporate action, as required by law.
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h) Claims for Federal or State Aid: Contractor and County agree that each shall be, and
is, empowered to apply for, seek, and obtain federal and state funds to further the purpose
of this Agreement. Any conditions imposed as a result of funding that effect the Project E
will be provided to each party.
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i) Nondiscrimination: County and Contractor agree that there will be no discrimination 0
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 A
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, 0
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to U)
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health S
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, 0
relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the 0
Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to a
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with E
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 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; 11) Any other nondiscrimination provisions in any Federal or
state statutes which may apply to the parties to, or the subject matter of, this Agreement.
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j) Covenant of No Interest: County and Contractor covenant that neither presently has
any interest, and shall not acquire any interest, which would conflict in any manner or
degree with its performance under this Agreement, and that only interest of each is to
perform and receive benefits as recited in this Agreement.
k) Code of Ethics: County agrees that officers and employees of the County recognize and
will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited S
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. r-
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1) 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 E
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 E
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 0
from monies owed, or otherwise recover, the full amount of such fee, commission,
percentage, gift, or consideration.
m) 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 0
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 A
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 0
reimbursement of all attorney's fees and costs associated with that proceeding. This U)
provision shall survive any termination or expiration of the contract. 0
The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order 0
to comply with this provision. 0
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: r-
(1) Keep and maintain public records that would be required by the County to perform the service. E
(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.
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(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 S
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
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notify the Contractor of the request, and the Contractor must provide the records to the County or allow U
the records to be inspected or copied within a reasonable time.
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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 E
Contractor who fails to provide the public records to the County or pursuant to a valid public records
request within a reasonable time may be subject to penalties under sectionl 19.10, Florida Statutes.
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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
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OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT
PHONE# 305-292-3470 BRADLEY-BRIAN(&,MONROECOUNTY-FL.GOV,
MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY
WEST, FL 33040.
n) Non-Waiver of Immunity: Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of the County and the Contractor in this Agreement and the acquisition of any 0
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 0
contract entered into by the County be required to contain any provision for waiver.
o) Privileges and Immunities: All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules,pensions and relief, disability, workers' compensation, and
other benefits which apply to the activity of officers, agents, or employees of any public agents or
employees of the County, when performing their respective functions under this Agreement within the
territorial limits of the County shall apply to the same degree and extent to the performance of such
functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the
County.
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p) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory
Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity
from any obligation or responsibility imposed upon the entity by law except to the extent of actual and
timely performance thereof by any participating entity, in which case the performance may be offered in
satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be
construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to
the extent permitted by the Florida constitution, state statute, and case law.
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q) Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon the
terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or
entitlement to or benefit of any service or program contemplated hereunder, and the County and the r_
Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either U
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, E
inferior to, or superior to the community in general or for the purposes contemplated in this Agreement.
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r) Attestations: Contractor agrees to execute such documents as the County may
reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free
Workplace Statement.
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S) No Personal Liability: No covenant or agreement contained herein shall be deemed to
be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of Monroe County shall be liable
personally on this Agreement or be subject to any personal liability or accountability by reason of the
execution of this Agreement.
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t) Execution in Counterparts: This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken together shall constitute r_
one and the same instrument and any of the parties hereto may execute this Agreement by signing any 0
such counterpart.
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u)Section Headings: Section headings have been inserted in this Agreement as a matter of
convenience of reference only, and it is agreed that such section headings are not a part of this
Agreement and will not be used in the interpretation of any provision of this Agreement. 0
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v) Special Conditions, if any are detailed in Section 01000 of the Project Manual for this 0
Proj ect.
w) Hold Harmless and Indemnification: Notwithstanding any minimum insurance r_
requirements prescribed elsewhere in this agreement, the Contractor covenants and agrees that he shall E
defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and
employees, and FLORIDA DEPARTMENT OF TRANSPORTATION harmless from and against (i)
claims, actions or causes of action, (ii) litigation, administrative proceedings, appellate proceedings, or
other proceedings relating to any type of injury (including death), loss, damage, fine,penalty or business
interruption, and (iii) costs or expenses that may be asserted against, initiated with respect to, or
sustained by the County and the COUNTY's elected and appointed officers and employees from
liabilities damages, losses and costs, including but not limited to, reasonable attorney's fees, to the
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Stock Island II Roadway Improvements Project
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 S
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.
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The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided U
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 Section 900. In the event any claims are
brought or actions are filed against the County with respect to the indemnity contained herein, the E
Contractor agrees to defend against any such claims or actions regardless of whether such claims or
actions are rightfully or wrongfully brought or filed. The Contractor agrees that the County may select
the attorneys to appear and defend such claims or actions on behalf of the County. The Contractor 0
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.
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x) Adjudication of Disputes or Disagreements: COUNTY and CONTRACTOR agree
that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions r-
between representatives of each of the parties. The CONTRACTOR and COUNTY Representative shall U)
try to resolve the claim or dispute with meet and confer sessions. If the issue or issues are still not
resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or
remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to
arbitration. This provision does not negate or waive the provisions of paragraph x or Article 8.1
concerning termination or cancellation. 0
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y) Cancellation: In the event that the Contractor shall be found to be negligent in any aspect S
of installation, stocking, maintenance, repair, or service, the County shall have the right to terminate this 0
agreement after five days written notification to the Contractor. 0
z) Cooperation: In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this Agreement, County and
Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings,
processes, meetings, and other activities related to the substance of this Agreement or provision of the
services under this Agreement. County and Contractor specifically agree that no party to this
Agreement shall be required to enter into any arbitration proceedings related to this Agreement.
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aa) Insurance: Prior to commencement of work the Contractor will provide satisfactory
evidence of insurance as required in Specification Section 00900 General Insurance Requirements for
Construction Contractors and Subcontractors. The Contractor shall name the Florida Department of
Transportation and Monroe County Board of County Commissioners, its employees and officials as
"Additional Insured" on all policies except for Worker's Compensation.
7.7 Ownership of the Project Documents: The documents prepared by the Contractor for this Project
belong to the County and may be reproduced and copied without acknowledgement or permission of the S
Contractor.
7.8 Successors and Assigns: The Contractor shall not assign or subcontract its obligations under this r_
agreement, except in writing and with the prior written approval of the Board of County Commissioners U
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 E
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 E
such other party.
3
7.9 No third Party Beneficiaries: Nothing contained herein shall create any relationship, 0
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.
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7.11 The Contractor agrees to 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 contract r_
term. The Contractor will require all subcontractors to utilize the E—Verify system as well. U)
7.12 The Contractor will provide copies of subcontractor agreements prior to execution to ensure that
the FDOT SCOP contract provisions are included in these subcontractor agreements. Paragraphs 7.13
through 7.15 are extracts from the FDOT SCOP agreement with the COUNTY.
0
7.13 The Recipient will not discriminate against any employee employed in the performance of this U)
Agreement, or against any applicant for employment because of age, ethnicity, race, religious belief, 0
disability, national origin, or sex. The Recipient shall provide a harassment-free workplace, with any 0.
allegation of harassment given priority attention and action by management. The Recipient shall insert 0
similar provisions in all contracts and subcontracts for services by this Agreement. The Recipient affirms
that it is aware of the provisions of Section 287.134(2)(a), Florida Statutes. An entity or affiliate who has E
been placed on the discriminatory vendor list 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 a public entity,
may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract
with any public entity; and may not transact business with any public Recipient. The Recipient further agrees
that it shall not violate Section 287.134(2)(a), Florida Statutes, and acknowledges and agrees that placement
on the list during the term of this Agreement may result in the termination of this Agreement.
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Stock Island II Roadway Improvements Project
7.14 It is specifically agreed between the parties executing this Agreement that it is not intended by any of
the provisions of any part of the Agreement to create in the public or any member thereof, a third parry
beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for
personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Recipient
guaranties the payment of all just claims for materials, supplies, tools, or labor and other just claims against
the Recipient or any subcontractor, in connection with this Agreement. Additionally, the Recipient agrees to
include the following indemnification in all contracts with contractors/subcontractors, or consultants/sub
consultants who perform work in connection with this Agreement. g
"To the fullest extent permitted by law the Recipient's contractor shall indemnify and hold harmless the
Recipient, the State of Florida, Department of Transportation, and its officers and employees, from liabilities,
damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the 0
negligence, recklessness or intentional wrongful misconduct of contractor and persons employed or utilized by U
contractor in the performance of this Contract.
This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is E
intended to nor shall it constitute a waiver of the State of Florida and the Recipient's sovereign immunity. >
To the fullest extent permitted by law, the Recipient's consultant shall indemnify and hold harmless the Recipient, I
the State of Florida, Department of Transportation, and its officers and employees from liabilities, damages, E
losses, and costs, including, but not limited to, reasonable attorney fees to the extent caused, in whole or in part,
by the professional negligence, error or omission, recklessness, or intentional wrongful conduct of the consultant
or persons employed or utilized by the consultant in the performance of the Agreement.
This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is W
intended to nor shall it constitute a waiver of the State of Florida and the Recipient's sovereign immunity."
7.15 The Department and the Recipient acknowledge and agree to the following:
i. The Recipient 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 Recipient during the term of the contract; and
ii. The Recipient shall expressly require any contractors and subcontractors performing work or providing
services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E- 0
Verify system to verify the employment eligibility of all new employees hired by the
contractor/subcontractor during the contract term.
ARTICLE 8
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0
Termination or Suspension
8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the c
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
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Stock Island II Roadway Improvements Project
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 November 2018 and are as follows:
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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 r-
are as follows: U
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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
0.
shown below: E
EAC Consulting Signed and Sealed August 10, 2018
Sheets 1 thru 125 0
9.1.6 The Addenda, if any, are as follows:
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the
bidding requirements are also enumerated in this Article 9.
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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.
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Mad Island Il Roadway 11HOM11niola emiact
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IN
WITNESS F the parties hereto have executed this Agreement can the day and date First
written above in counterparts, each of which shall, v&hout proof or accounting fort e other
counterparts, ba deemed an original contract, g
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(SEAL) BOARD OF COUNTY Y COMMISSIONERS
Attest: KEVIN MADOK Clerk OF MONROE COUNTY, FLORIDA
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By: By
DeputyClerk Mayor
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Date
(SEAL) CONTRACTOR3
Attest,
y: By: AP
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itle; itle: J
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END OF SECTION 00500
MONROE COUNTY ATTORNEY
AP AO
CHRISTINE LIMBERT-BARROWS U)
ASSISTANT, '�'"A `ORTVEY 0
DACE.
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C.15.b
0 DATE(MMIDDIYYYY)
ACCMV CERTIFICATE OF LIABILITYINSURANCE
v2712019
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 INSURERIS), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)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 an
this certificate does not confer rights to the certificate holder in lieu of such endorsement s.
PRODUCER A
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Marsh&McLennan Agency LLC PHONE FAx
9850 N.W.41st Street JAIC,No.ExIi-305-591-0090 ® 212-948-5665
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Suite 100 AppRe certsmiami mma-B.cam
Miami FL 33178 INSURERS AFFORDING COVERAGE NAICN
INSURER Travelers Indemnity Co of America 25666
INSURED CHARM^TOPPI INSURER B„Phoenix Insurance Cam an 25623
Charley Toppino&Sons Inc. INSURER c;Travelers Propeqy Casualty Co of Amer 36161
Monroe Concrete Products Inc.
P.O BOX 787 INSURER D Travelers Indemnity Company,of CT 25682
Key West FL 33041 INSURER E t
INSURER F;
COVERAGES CERTIFICATE NUMBER:744250672 REVISION NUMBER: l)
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 0
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 Im
a m P . ..„E, �. ,,,
INSR TYPE OF INSURANCE D�' Saf;(t POLICY ELF POLICSfE11F�,,,�, LIMITS
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AUTOS ONLY , AUTOS „, -------
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AUTOS OILY .,µ AUTOS ONLY . .................... ...
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C X UMBRELLA L1AB X 'i OCCUR CIUP3J657221IS W1912018 519�1049 EACH OCCURRENCE $10.000.000 0
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DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Addkionel Remarks Schedule,may be attached If more space Is required) CJ
General Liability Aggregate applies per Project if required by Written contract,
Certificate holder,as Designated Organization,Is an Additional Insured as respects eneral(including Products-Completed Operations},Auto and Umbrella
Liability.General Liability is primary and non-contributory.Waiver of subrogation as respects General„Auto,Umbrella Liability and Workers Compensation in
favor of Additional Insured.All of the above is applicable when required by Written contract subject to the terms,conditions and exclusions of the policy.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
MONROE COUNTY BOARD OF COUNTY ACCORDANCE WITH THE POLICY PROVISIONS
COMMISSIONERS
1100 SIMONTON ST AUTHORIZED REPRESENTATIVE
KEY WEST FL 33040
01988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD
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