06/19/2019 Agreement �GJR GOUgTd�1I
IJP•g,° °`.V, Kevin Madok, CPA
1171
4,'• 4 Clerk of the Circuit Court& Comptroller—Monroe County, Florida
oeco,,.._-
DATE: August 6, 2019
TO: Breanne Erickson
Budget/Contract Administrator
Steven Sanders
Project Manager
Tammy Sweeting
Executive Assistant
FROM: Pamela G. Hancoc 1.C.
SUBJECT: June 19' BOCC Meeting
Attached is an electronic copy of each of the following items for your handling:
D3 Contract with A-1 Property Services Group, Inc. in the amount of$91,174.14 for a new
roof and roof repairs of the Sheriffs Marathon Substation. Funded by Hurricane Irma fund
sources.
D4 Contract with A-1 Property Services Group, Inc. in the amount of$62,255.00 for a new
roof and roof repairs at the Marathon Library. Funded by Hurricane Inna fund sources.
Should you have any questions, please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
Agreement
Between Owner and Contractor
Where the basis of payment is a STIPULATED SUM
AGREEMENT Made as of June 19, 2019
BETWEEN the Owner: Monroe County Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
And the Contractor: A-1 Property Services Group Inc.
890 S.W. 69th Avenue
Miami, FL 33144
For the following Project: MARATHON SHERIFF SUBSTATION NEW TPO ROOF
AND ROOF REPAIRS
Scope of the Work
The Scope of Work shall include, but not be limited to, all work.shown and listed in the Project
Documents and Specifications. The Contractor is required to provide a complete job as
contemplated by the documents and specifications, which are a part of this bid package. The
Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies,
permits and any other means of construction necessary or proper for performing and completing
the Scope of Work, unless otherwise specifically stated.
Marathon Sheriff Substation Building NEW TPO Flat Roof and Clay Tile Roof Repairs:
• Replace all new TPO roof to match existing roof.
• Replace or repair any damaged subsurface as needed in kind before installing
the new TPO roof. Caulk and seal the entire roof and openings with Advanced
Sealant Caulk Polymer sealant.
• Provide engineering necessary to permit the work. Permit fees are included in
the bid.
• Contractor shall furnish the owner a fifteen (15) year no dollar limit total system
warranty covering the cost of repairing leaks as a direct result of either defect in
the material or the workmanship involved in its installation for the new TPO flat
roof.
• Repair all damaged clay tiles to match the existing clay tiles.
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Documents, Specifications, Proposal Documents,
Addenda issued prior to execution of this Agreement, together with the response to Request for
AGREEMENT 00500-Page 1 of 23
Proposals (RFP) and all required insurance documentation, and Modifications issued after
execution of this Agreement. The Contract represents the entire and integrated agreement
between the parties-hereto and supersedes prior negotiations, representations-or agreements,
either written or oral. An enumeration of the Contract Documents, other than Modifications,
appears in Article 9. In the event of a discrepancy between the documents, precedence shall be
determined by the order of the documents as just listed.
ARTICLE 2
The Work of this Contract
The Contractor shall execute the entire Work described in the Contract Documents, except to
the extent specifically indicated in the Contract Documents to be the responsibility of others, or
as follows: N/A
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the
Owner.
The Contractor shall achieve Substantial Completion of the entire Work not later than
Forty Five (45) calendar days after the date of commencement or issuance of a Notice
to Proceed. The time or times stipulated in the contract for completion of the work of the
contract or of specified phases of the contract shall be the calendar date or dates listed
in the milestone schedule.
Liquidated damages will be based on the Substantial Completion Date for all work,
modified by all approved extensions in time as set forth by the Director of Project
Management's signature of approval on the Certificate of Substantial Completion. The
liquidated damages table below shall be utilized to determine the amount of liquidated
damages.
FIRST SECOND 31ST DAY &
CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER
Under$50,000.00 $50.00/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
$500,000.00 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.
ARTICLE 4
Contract Sum
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of
the Contract the Contract Sum of Ninety One Thousand One Hundred Seventy Four
Dollars and Fourteen Cents. ($91,174.14) subject to additions and deductions as
provided in the Contract Documents.
4.2 The Contract Sum is based upon the following alternates, if any, which are described in
the Contract Documents and are hereby accepted by the Owner:
AGREEMENT 00500-Page 2 of 23
Alternate# 1: No Alternates Specified
4.3 Unit prices, if any, are as follows: N/A.
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Director of
Project Management, and upon approval for payment issued by the Director of Project
Management and Architect, the Owner shall make progress payments on account of the
Contract Sum to the contractor as provided below and elsewhere in the Contract
Documents.
5.2 The period covered by each Application for payment shall be one (1) calendar month
ending on the last day of the month, or as follows:
5.3 Payment will be made by the Owner in accordance with the Florida Local Government
Prompt Payment Act, Section 218.735, Florida Statutes.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by
the Contractor in accordance with the Contract Documents. The Schedule of Values
shall allocate the entire Contract Sum among the various portions of the Work and be
prepared in such form and supported by such data to substantiate its accuracy as the
Director of Project Management may require. This schedule, unless objected to by the
Director of Project Management, shall be used as a basis for reviewing the Contractor's
Applications for Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each portion of
the Work as of the end of the period covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents, the amount of each progress
payment shall be computed as follows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as
determined by multiplying the percentage completion of each portion of the Work by the
share of the total Contract Sum allocated to that portion of the Work in the Schedule of
Values, less retainage of ten percent 10%. Pending final determination of cost to the
Owner of changes in the Work, amounts not in dispute may be included in Applications
for Payment. The amount of credit to be allowed by the Contractor to the Owner for a
deletion or change which results in a net decrease in the Contract Sum shall be the net
cost to the Owner, less Overhead, Profit and Documented Costs incurred prior to the
change Request, as indicated in the corresponding line item in the Approved Schedule
of Values for that line item as confirmed by the Director of Project Management. 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
AGREEMENT 00500-Page 3 of 23
construction (or, if approved in advance by the Owner, suitably stored off the site at a
location agreed upon in writing), less retainage;
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or
nullified a Certificate for Payment as provided in Paragraph 9.5 of the General
Conditions.
5.7 Retainage of ten percent (10%) will be withheld in accordance with Section 218.735
(8)(b), Florida Statutes.
5.8 Reduction or limitation of retainage, if any, shall be as follows:
Monroe County is exempt from and not subject to Florida Statutes, Section 255.078,
"Public Construction Retainage". Reduction or limitation of retainage, if any, shall be
reduced incrementally at the discretion of and upon the approval of the Director of
Project Management.
ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the
Owner to the Contractor when (1) the Contract has been fully performed by the Contractor
except for the Contractor's responsibility to correct nonconforming Work as provided in
Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which
necessarily survive final payment, and (2) a final approval for payment has been issued by the
Director of Project Management. Such final payment shall be made by the Owner not more
than twenty (20) days after the issuance of the final approval for payment. The following
documents (samples in section 01027, Application for Payment) are required for Final Payment:
(1)Application and Certificate for Payment
(2) Continuation Sheet
(3) Certificate of Substantial Completion
(4) Contractor's Affidavit of Debts and Claims
(5) Contractor's Affidavit of Release of Liens
(6) Final Release of Lien
(7) Contractor shall provide two (2) hard copies in tabulated divided binders and
one (1) saved electronically tabbed and indexed in Adobe Acrobat file(.PDF)
format delivered on a common form (i.e. flash drive) of all the following, but
not limited to:
A. Project Record Documents (As Built Documents).
B. Operating and maintenance data, instructions to the Owner's personnel.
C. Warranties, bond and guarantees.
D. Keys and keying schedule.
E. Spare parts and maintenance materials.
AGREEMENT 00500-Page 4 of 23
F. Electronic copies of approved submittals.
G. Evidence of payment and final release of liens and consent of surety to final
release(includes final release from all utilities and utility companies).
ARTICLE 7
Miscellaneous Provisions
7.1 Where reference is made in this Agreement to a provision of the General Conditions or
another Contract Document, the reference refers to that provision as amended or
supplemented by other provisions of the Contract Documents.
7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act
and Monroe County Code.
7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities,
of the General Conditions.
7.4 Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the Board of County Commissioners.
7.5 A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a proposal on a contract with a
public entity for the construction or repair of a public building or public work, may not
submit proposals 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
thirty-six (36) months from the date of being placed on the convicted vendor list.
By signing this Agreement, Contractor represents that the execution of this Agreement
will not violate the Public Entity Crimes 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 or Contractor
is formally charged with an act defined as a "public entity crime" or has been
placed on the convicted vendor list.
7.6 The following items are included in this contract:
AGREEMENT 00500-Page 5 of 23
a) Maintenance of Records. Contractor shall maintain all books, records, and
- - documents directly pertinent to performance under this Agreement--in -accordance
with generally accepted accounting principles consistently applied. Records shall be
retained for a period of five (5) years from the termination of this agreement or for a
period of three (3) years from the submission of the final expenditure report as per 2
C.F.R. §200.333, whichever is greater. 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 five (5) 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, or were wrongfully retained by the Contractor, the Contractor shall
repay the monies together with interest calculated pursuant to Sec. 55.03, Florida
Statutes, running from the date the monies were paid to Contractor.
b) Governing Law, Venue, Interpretation, Costs, and Fees, This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be performed entirely in the State. In the event
that any cause of action or administrative proceeding is instituted for the enforcement
or interpretation of this Agreement, the County and Contractor agree that venue shall
lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida. The Parties waive their rights to trial by jury. The County and
Contractor agree that, in the event of conflicting interpretations of the terms or a term
of this Agreement by or between any of them the issue shall be submitted to
mediation prior to the institution of any other administrative or legal proceeding.
c) Severability. If any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining
terms, covenants, conditions and provisions of this Agreement, shall not be affected
thereby; and each remaining term, covenant, condition and provision of this
Agreement shall be valid and shall be enforceable to the fullest extent permitted by
law unless the enforcement of the remaining terms, covenants, conditions and
provisions of this Agreement would prevent the accomplishment of the original intent
of this Agreement. The County and Contractor agree to reform the Agreement to
replace any stricken provision with a valid provision that comes as close as possible
to the intent of the stricken provision.
d) Attorney's Fees and Costs. The County and Contractor agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party
relative to the enforcement or interpretation of this Agreement, the prevailing party
shall be entitled to reasonable attorney's fees and court costs as an award against
the non-prevailing party, and shall include attorney's fees and courts costs in
appellate proceedings.
e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of the County and Contractor and their respective
legal representatives, successors, and assigns.
AGREEMENT 00500-Page 6 of 23
f) Authority. Each party represents and warrants to the other that the execution,
delivery and performance of this Agreement have been duly authorized by all
necessary County and corporate action, as required by-law. Each party agrees that it
has had ample opportunity to submit this Contract to legal counsel of its choice and
enters into this agreement freely, voluntarily and with advice of counsel.
g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and
is, empowered to apply for, seek, and obtain federal and state funds to further the
purpose of this Agreement; provided that all applications, requests, grant proposals,
and funding solicitations shall be approved by each party prior to submission.
h) Adjudication of Disputes or Disagreements. County and Contractor agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer
sessions between representatives of each of the parties. If the issue or issues are
still not resolved to the satisfaction of the parties, then any party shall have the right
to seek such relief or remedy as may be provided by this Agreement or by Florida
law. This Agreement is not subject to arbitration.
i) Cooperation. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, 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.
j) Nondiscrimination. 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 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 prohibits
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 patent 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 §§ 12101), as amended from time to time, relating
AGREEMENT 00500-Page 7 of 23
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 identityor
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.
During the performance of this Agreement, the CONTRACTOR, in accordance with
Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965
Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order
11246 Relating to Equal Employment Opportunity, and implementing regulations at
41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II,¶
C, agrees as follows:
1) The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The contractor will take affirmative action to ensure
that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex, sexual
orientation, gender identity, or national origin. Such action shall include, but
not be limited to the following: Employment, upgrading, demotion, or transfer,
recruitment or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be
provided by the contracting officer setting forth the provisions of this
nondiscrimination clause.
2) The contractor will, in all solicitations or advertisements for employees placed
by or on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex,
sexual orientation, gender identity, or national origin.
3) The contractor will not discharge or in any other manner discriminate against
any employee or applicant for employment because such employee or
applicant has inquired about, discussed, or disclosed the compensation of the
employee or applicant or another employee or applicant. This provision shall
not apply to instances in which an employee who has access to the
compensation information of other employees or applicants as a part of such
employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to
such information, unless such disclosure is in response to a formal complaint
or charge, in furtherance of an investigation, proceeding, hearing, or action,
including an investigation conducted by the employer, or is consistent with
the contractor's legal duty to furnish information.
4) The contractor will send to each labor union or representative of workers with
AGREEMENT 00500-Page 8 of 23
which it has a collective bargaining agreement or other contract or
understanding, a notice to be provided by the agency contracting officer,
advising the labor union -or- workers' representative- of the contractor's - - -
commitments under section 202 of Executive Order 11246 of September 24,
1965, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
5) The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
6) The contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by the rules, regulations, and
orders of the Secretary of Labor, or pursuant thereto, and will permit access
to his books, records, and accounts by the contracting agency and the
Secretary of Labor for purposes of investigation to ascertain compliance with
such rules, regulations, and orders.
7) In the event of the contractor's non-compliance with the nondiscrimination
clauses of this contract or with any of such rules, regulations, or orders, this
contract may be canceled, terminated or suspended in whole or in part and
the contractor may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, and such other
• sanctions may be imposed and remedies invoked as provided in Executive
Order 11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
8) The Contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (8) in every
subcontract or purchase order unless exempted by rules, regulations, or
orders of the Secretary of Labor issued pursuant to section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The Contractor will take such action with
respect to any subcontract or purchase order as the administering agency
may direct as a means of enforcing such provisions, including sanctions for
non-compliance; provided, however, that in the event a contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as
a result of such direction by the administering agency the contractor may
request the United States to enter into such litigation to protect the interests
of the United States.
k) Covenant of No Interest. County and Contractor covenant that neither presently has
any interest, and shall not acquire any interest, which would conflict in any manner or
degree with its performance under this Agreement, and that only interest of each is
to perform and receive benefits as recited in this Agreement.
AGREEMENT 00500-Page 9 of 23
I) Code of Ethics. County agrees that officers and employees of the County recognize
and will be required to comply with the standards of conduct for public officers and
- - employees as delineated in Section 112.313,-Florida Statutes, regarding,-but not -- -
limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
m) No Solicitation/Payment. The County and Contractor warrant that, in respect to
itself, it has neither employed nor retained any company or person, other than a
bona fide employee working solely for it, to solicit or secure this Agreement and that
it has not paid or agreed to pay any person, company, corporation, individual, or firm,
other than a bona fide employee working solely for it, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award
or making of this Agreement. For the breach or violation of the provision, the
Contractor agrees that the County shall have the right to terminate this Agreement
without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
n) Public Access.
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 attorney's fees
and costs associated with that proceeding. This provision shall survive any
termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records
Law in order to comply with this provision.
Pursuant to Fla. Stat., Sec. 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
AGREEMENT 00500-Page 10 of 23
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 records request within a reasonable
time may be subject to penalties under Section 119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or-
otherwise dispose of any public records unless or otherwise provided in this
provision or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-
BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S
OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040.
o) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of the Contractor and the County 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.
AGREEMENT 00500-Page 11 of 23
p) Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation; and other benefits which-apply to the activity of officers,-
agents, or employees of any public agents or employees of the County, when
performing their respective functions under this Agreement within the territorial limits
of the County shall apply to the same degree and extent to the performance of such
functions and duties of such officers, agents, volunteers, or employees outside the
territorial limits of the County.
q) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory
Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by
law except to the extent of actual and timely performance thereof by any participating
entity, in which case the performance may be offered in satisfaction of the obligation
or responsibility. Further, this Agreement is not intended to, nor shall it be construed
as, authorizing the delegation of the constitutional or statutory duties of the County,
except to the extent permitted by the Florida constitution, state statute, and case law.
r) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the
terms, or any of them, of this Agreement to enforce or attempt to enforce any third-
party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the County and the Contractor agree that neither the County nor the
Contractor or any agent, officer, or employee of either shall have the authority to
inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement
separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
s) Attestations. Contractor agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement,
and a Drug-Free Workplace Statement.
t) No Personal Liability. No covenant or agreement contained herein shall be deemed
to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee
of Monroe County shall be liable personally on this Agreement or be subject to any
personal liability or accountability by reason of the execution of this Agreement.
u) Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken
together shall constitute one and the same instrument and any of the parties hereto
may execute this Agreement by signing any such counterpart.
v) Hold Harmless and Indemnification. Notwithstanding any minimum insurance
requirements prescribed elsewhere in this agreement, Contractor shall defend,
indemnify and hold the COUNTY and the COUNTY's elected and appointed officers
and employees harmless from and against (i) any claims, actions or causes of
action, (ii) any 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) any costs or expenses that may be asserted
AGREEMENT 00500-Page 12 of 23
against, initiated with respect to, or sustained by, any indemnified party by reason of,
or in connection with, (A) any activity of Contractor or any of its employees, agents,
contractors or other invitees during the-term-of this Agreement, (B).the negligence or
recklessness, intentional wrongful misconduct, errors or other wrongful act or
omission of Contractor or any of its employees, agents, sub-contractors or other
invitees, or (C) Contractor's default in respect of any of the obligations that it
undertakes under the terms of this Agreement, except to the extent the claims,
actions, causes of action, litigation, proceedings, costs or expenses arise from the
intentional or sole negligent acts or omissions of the COUNTY or any of its
employees, agents, contractors or invitees (other than Contractor). 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 that the completion of the project (to include 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. Should any claims be asserted
against the County by virtue of any deficiency or ambiguity in the plans and
specifications provided by the Contractor, the Contractor agrees and warrants that
the Contractor shall hold the County harmless and shall indemnify it from all losses
occurring thereby and shall further defend any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the
indemnification provided for the above.
FDEM Indemnification
To the fullest extent permitted by law, the Contractor shall indemnify and hold
harmless the Agency, the State of Florida, Department of Emergency Management,
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 negligence,
recklessness or intentional wrongful misconduct of the Contractor and persons-
employed or utilized by the Contractor in the performance of this Contract.
This indemnification shall survive the termination of this Contract. Nothing contained
in this paragraph is intended to nor shall it constitute a waiver of the State of Florida
and the (County) Agency's sovereign immunity.
w) 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.
x) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of
the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part
with County funds under this agreement. The DBE requirements of applicable federal
and state laws and regulations apply to this Agreement. The County and its
AGREEMENT 00500-Page 13 of 23
Contractor agree to ensure that DBE's have the opportunity to participate in the
performance of the Agreement. In this regard, all recipients and contractors shall
-- - - -- - take all necessary and-reasonable steps in accordance with applicable federal- and - -
state laws and regulations to ensure that DBE's have the opportunity to compete and
perform contracts. The County and Contractor and subcontractors shall not
discriminate on the basis of race, color, national origin or sex in award and
performance of contracts, entered pursuant to this Agreement.
y) Agreements with Subcontractors. In the event that the Contractor subcontracts any
or all of the work in this project to any third party, the Contractor specifically agrees
to identify the COUNTY as an additional insured on all insurance policies required by
the County. In addition, the Contractor specifically agrees that all agreements or
contracts of any nature with his subcontractors shall include the COUNTY as
additional insured.
z) Florida Green Building Coalition Standards. Monroe County requires its buildings to
conform to Florida Green Building Coalition standards.
Special Conditions, if any are detailed in Section 00100 of the Project Manual for this
Project.
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 or the Monroe County Office of the Clerk of
Court and Comptroller(hereinafter referred to as"County Clerk") to substantiate charges related
to this agreement, and all other agreements, sources of information and matters that may in
Owner's or the County Clerk's reasonable judgment have any bearing on or pertain to any
matters, rights, duties or obligations under or covered by any contract document (all foregoing
hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or
reproduction by Owner's representative and/or agents or the County Clerk. Owner or County
Clerk may also conduct verifications such as, but not limited to, counting employees at the job
site, witnessing the distribution of payroll, verifying payroll computations, overhead
computations, observing vendor and supplier payments, miscellaneous allocations, special
charges, verifying information and amounts through interviews and written confirmations with
employees, Subcontractors, suppliers, and contractors representatives. All records shall be kept
for ten (10) years after Final Completion. The County Clerk possesses the independent
authority to conduct an audit of Records, assets, and activities relating to this Project. If any
auditor employed by the Monroe County or County 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
Section 55.03, F.S., running form the date the monies were paid to Contractor.
AGREEMENT 00500-Page 14 of 23
7.7 Any written notices or correspondence given pursuant to this contract shall be sent by
United States Mail, certified, return receipt requested, or by courier with proof of delivery.
Notice shall be-sent to the following persons:
For Contractor: Yosvany Madruga, CEO
890 S.W. 69th Ave.
Miami, FL 33144
For Owner: Director of Project M_ anacgement Assistant County Administrator, PW& E
1100 Simonton St., Room 2-216 1100 Simonton St.
Key West, FL 33040 Key West, FL 33040
7.8 FEDERAL CONTRACT REQUIREMENTS
The CONTRACTOR and its subcontractors must follow the provisions, as
applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to
2 C.F.R. Part 200, as amended, including but not limited to:
7.8.1 Clean Air Act and the Federal Water Pollution Control Act. CONTRACTOR agrees to
comply with all applicable standards, orders, or regulations issued pursuant to the Clean
Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended
(33 U.S.C. 1251-1387) and will report violations to FEMA and the Regional Office of the
Environmental Protection Agency (EPA).
7.8.2 Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal
program legislation', which includes emergency Management Preparedness Grant
Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal
Homeland Security Grant Program, Port Security Grant Program and Transit Security
Grant Program, all prime construction contracts in excess of $2,000 awarded by non-
Federal entities must comply with the Davis-Bacon Act (40 U.S.C. 31413144 and 3146-
3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor
Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction"). In accordance with the statute, CONTRACTORS must be required to pay
wages to laborers and mechanics at a rate not less than the prevailing wages specified
in a wage determination made by the Secretary of Labor. In addition, CONTRACTORS
must be required to pay wages not less than once a week. If applicable, the COUNTY
must place a copy of the current prevailing wage determination issued by the
Department of Labor in each solicitation attached hereto as Exhibit "A".
The decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage determination. The COUNTY must report all suspected or
reported violations to the Federal awarding agency. When required by Federal program
legislation, which includes emergency Management Preparedness Grant Program,
Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland
Security Grant Program, Port Security Grant Program and Transit Security Grant
Program (it does not apply to other FEMA grant and cooperative agreement programs,
including the Public Assistance Program), the CONTRACTORS must also comply with
the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of
Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or
Public Work Financed in Whole or in Part by Loans or Grants from the United States").
As required by the Act, each CONTRACTOR or subrecipient is prohibited from inducing,
by any means, any person employed in the construction, completion, or repair of public
AGREEMENT 00500- Page 15 of 23
work, to give up any part of the compensation to which he or she is otherwise entitled.
The COUNTY must report all suspected or reported violations to the Federal awarding
agency. -
1) The CONTRACTOR shall comply with 18 U.S.C. § 874, 40 U.S.C. §
3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are
incorporated by reference into this contract.
2) Subcontracts. The CONTRACTOR or subcontractor shall insert in any
subcontracts the clause above and such other clauses as the FEMA may by appropriate
instructions require, and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime CONTRACTOR shall be responsible
for the compliance by any subcontractor or lower tier subcontractor with all of these
contract clauses.
3) Breach. A breach of the contract clauses above may be grounds for
termination of the contract, and for debarment as a contractor and subcontractor as
provided in 29 C.F.R. § 5.12.
7.8.3 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where
applicable, which includes all FEMA grant and cooperative agreement programs, all
contracts awarded by the COUNTY in excess of$100,000 that involve the employment
of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented
by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act,
each CONTRACTOR must compute the wages of every mechanic and laborer on the
basis of a standard work week of forty (40) hours. Work in excess of the standard work
week is permissible provided that the worker is compensated at a rate of not less than
one and a half times the basic rate of pay for all hours worked in excess of forty (40)
hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to
construction work and provide that no laborer or mechanic must be required to work in
surroundings or under working conditions which are unsanitary, hazardous, or
dangerous. These requirements do not apply to the purchases of supplies or materials
or articles ordinarily available on the open market, or contracts for transportation or
transmission of intelligence.
7.8.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets
the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that "funding agreement," the
recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing
regulations issued by the awarding agency.
7.8.5 Clean Air Act (42 U.S.C. 7401-7671q.), Water Pollution Control Act (33 U.S.C. 1251-
1387) as amended. Contracts and subgrants of amounts in excess of $150,000 must
comply with all applicable standards, orders, or regulations issued pursuant to the Clean
Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended
(33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and
the Regional Office of the Environmental Protection Agency (EPA).
AGREEMENT 00500- Page 16 of 23
7.8.6 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award
(see 2 CFR 180.220) must not be made to parties listed on the government wide
exclusions in the-System-for Award Management (SAM), in accordance-with the-OMB -- --
guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986
Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and
Suspension." SAM Exclusions contains the names of parties debarred, suspended, or
otherwise excluded by agencies, as well as parties declared ineligible under statutory or
regulatory authority other than Executive Order 12549.
7.8.7 Byrd Anti-Lobbvinq Amendment (31 U.S.C. 1352). CONTRACTORS that apply or bid for
an award exceeding $100,000 must file the required certification. Each tier certifies to
the tier above that it will not and has not used Federal appropriated funds to pay any
person or organization for influencing or attempting to influence an officer or employee of
any agency, a member of Congress, officer or employee of Congress, or an employee of
a member of Congress in connection with obtaining any Federal contract, grant or any
other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with
non-Federal funds that takes place in connection with obtaining any Federal award.
Such disclosures are forwarded from tier to tier up to the non-Federal award.
7.8.8 Compliance with Procurement of recovered materials as set forth in 2 CFR § 200.322.
CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as
amendment by the Resource Conservation and Recovery Act. The requirements of
Section 6002 include procuring only items designed in guidelines of the Environmental
Protection Agency (EPA at 40 CPR part 247 that contain the highest percentage of
recovered materials practicable, consistent with maintaining a satisfactory level of
competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid
waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement program for procurement of recovered
materials identified in the EPA guidelines. (1) In the performance of this contract, the
CONTRACTOR shall make maximum use of products containing recovered materials
that are EPA-designated items unless the product cannot be acquired (i) Competitively
within a timeframe providing for compliance with the contract performance schedule; (ii)
Meeting contract performance requirements; or (iii)At a reasonable price. (2) Information
about this requirement, along with the list of EPA-designated items, is available at EPA's
Comprehensive Procurement Guidelines web site,
https://www.epa.g ov/smm/comprehensive-procu rement-guideline-cpq-program.
Other Federal Requirements (as applicable):
7.8.9 Americans with Disabilities Act of 1990, as amended, (ADA). The CONTRACTOR will
comply with all the requirements as imposed by the ADA, the regulations of the Federal
government issued thereunder, and the assurance by the CONTRACTOR pursuant
thereto.
7.8.10 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the
COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part
with COUNTY funds under this Agreement. The DBE requirements of applicable federal
and state laws and regulations apply to this Agreement. The COUNTY and its
CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the
performance of this Agreement. In this regard, all recipients and contractors shall take all
AGREEMENT 00500-Page 17 of 23
necessary and reasonable steps in accordance with 2 C.F.R. § 200.321( as set forth in
detail below), applicable federal and state laws and regulations to ensure that the DBE's
have--the opportunity to compete for and perform contracts. -The COUNTY and the
CONTRACTOR and subcontractors shall not discriminate on the basis of race, color,
national origin or sex in the award and performance of contracts, entered pursuant to
this Agreement.
2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY
BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA
FIRMS
a. If the CONTRACTOR, with the funds authorized by this
Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R.
§200.321, the CONTRACTOR shall take the following affirmative steps to assure that
minority businesses, women's business enterprises, and labor surplus area firms are
used whenever possible.
b. Affirmative steps must include:
1. Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
2. Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
3. Dividing total requirements,when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses,
and women's business enterprises;
4. Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's
business enterprises;
5. Using the services and assistance, as appropriate, of such organizations as
the Small Business Administration and the Minority Business Development
Agency of the Department of Commerce.
6. Requiring the Prime contractor, if subcontractor are to be let, to take the
affirmative steps listed in paragraph (1)through (5) of this section.
7.8.11 The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E-Verify
system to verify the employment eligibility of all new employees hired by the
CONTRACTOR during the term of the Contract and shall expressly require any
subcontractors performing work or providing services pursuant to the Contract to
likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the subcontractor during the
Contract term.
7.8.12 Fraud and False or Fraudulent or Related Acts. The CONTRACTOR acknowledges that
31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies
to the CONTRACTOR'S actions pertaining to this contract.
7.8.13 Access to Records. The following access to records requirements apply to this contract:
(1) The CONTRACTOR agrees to provide MONROE COUNTY, the FEMA
Administrator, the Comptroller General of the United States, or any of their authorized
representatives access to any books, documents, papers, and records of the
AGREEMENT 00500-Page 18 of 23
CONTRACTOR which are directly pertinent to this contract for the purposes of making
audits, examinations, excerpts, and transcriptions.
(2) The CONTRACTOR agrees to permit any-of the foregoing parties to-reproduce
by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
(3) The CONTRACTOR agrees to provide the FEMA Administrator or his authorized
representatives access to construction or other work sites pertaining to the work being
completed under the contract.
7.9 The CONTRACTOR is bound by the terms and conditions of the Federally-Funded
Subaward and Grant Agreement between County and the Florida Division of Emergency
Management(Division) and attached hereto as Exhibit"B".
7.10 The Contractor is bound by all applicable local, County, State, and Federal laws and
regulations.
7.11 The CONTRACTOR shall hold the Division and County harmless against all claims of
whatever nature arising out of the CONTRACTOR'S performance of work under this
Agreement, to the extend allow and required by law.
ARTICLE 8
Termination or Suspension
8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General
Conditions.
A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of
service, the COUNTY shall have the right to terminate this agreement after five days
written notification to the CONTRACTOR.
B. Either of the parties hereto may cancel this Agreement without cause by giving the
other party sixty (60) days written notice of its intention to do so.
C. Termination for Cause and Remedies: In the event of breach of any contract terms,
the COUNTY retains the right to terminate this Agreement. The COUNTY may also
terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail
to perform the covenants herein contained at the time and in the manner herein
provided. In the event of such termination, prior to termination, the COUNTY shall
provide CONTRACTOR with seventy-two (72) hours' notice and provide the
CONTRACTOR with an opportunity to cure the breach that has occurred. If the
breach is not cured, the Agreement will be terminated for cause. If the COUNTY
terminates this agreement with the CONTRACTOR, COUNTY shall pay
CONTRACTOR the sum due the CONTRACTOR under this agreement prior to
termination, unless the cost of completion to the COUNTY exceeds the funds
remaining in the contract; however, the COUNTY reserves the right to assert and
seek an offset for damages caused by the breach. The maximum amount due to
CONTRACTOR shall not in any event exceed the spending cap in this Agreement.
In addition, the COUNTY reserves all rights available to recoup monies paid under
this Agreement, including the right to sue for breach of contract and including the
right to pursue a claim for violation of the COUNTY's False Claims Ordinance,
located at Section 2-721 et al. of the Monroe County Code.
AGREEMENT 00500-Page 19 of 23
D. Termination for Convenience: The COUNTY may terminate this Agreement for _ _ _
convenience, at any time, upon sixty (60) days' notice to CONTRACTOR. If the
COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay
CONTRACTOR the sum due the CONTRACTOR under this agreement prior to
termination, unless the cost of completion to the COUNTY exceeds the funds
remaining in the contract. The maximum amount due to CONTRACTOR shall not
exceed the spending cap in this Agreement. In addition, the COUNTY reserves all
rights available to recoup monies paid under this Agreement, including the right to
sue for breach of contract and including the right to pursue a claim for violation of the
COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe
County Code.
8.2 For Contracts of any amount, if the County determines that the Contractor/Consultant
has submitted a false certification under Section 287.135(5), Florida Statutes or 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/Consultant 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.
For Contracts of $1,000,000 or more, if the County determines that the
Contractor/Consultant submitted a false certification under Section 287.135(5), Florida
Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies
with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria,
the County shall have the option of (1) terminating the Agreement after it has given the
Contractor/Consultant 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.
ARTICLE 9
Enumeration of Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows:
a) Drawings: None
b) Project Manual: None
c) Documents: None
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.
AGREEMENT 00500-Page 20 of 23
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the
Project Manual dated: None
9.1.4 The Addenda, if any, are as follows:
Number - Date Page
1 4/19/19 1
This Agreement is entered into as of the day and year first written above and is executed in at
least one(1) original copy. A copy will be delivered to the Contractor.
SIGNATURE PAGE TO FOLLOW •
AGREEMENT 00500-Page 21 of 23
Execution by the Contractor must be by a person with authority to bind the entity.
SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: Kevin Madok, Clerk OF MONROE�t,UNTY FLORIDA
4,.. .. , ......:;k.:,-:,.ir
�� By: ,
'� ,2... 1 1
=-puty Clerk Mayor/Chairman
-
b`Ni.,..,,, '' TRACTOR'S Witnesses Attest: CONTRAC R:•1' -I )1/ ,)( C '✓i,v0
Contractor must provide two witnesses
signatures / Signature: �r
Signatur ` Print Nam : yO( il,/ 4i4#di4/6
Print Name: ,V t �
e' f71"/ 00 Title: fry'f 1 cl,t)-)--
Title: U1 / e i�fir' 1I'K Date: 0/ 2 i /i q 3
zr-
Date: ' / 19 x)+" • c
Cl C7
and r:,C'
an o
..
MONROE COUNTY; ORNEft
Signature: ROVED AS Tt RM n
/) 7 V/d /V(5 -J/ ...
Print Name: J ( _ cP
n 0
Title ASSISTANT COUNTY ATTORNEY
Date: / 2 0 9 Date: 5 7 � q l
� 9
STATE OF FLORIDA, I ORIDA, COUNTY OF /C�m I /)G7d-te
On this 2/ day of Jrl/h P , 20/1, before me, the undersigned notary public,
p-ers appeare— d known to me to be the person whose name is
subs-cribed a over who produced 1D L as identification, and acknowledged
that he/she is the person who executed the above contract with Monroe County for
MARATHONSHERIFF SUBSTATION BUILDING NEW ROOF AND REPAIRS for the
purposes there contai e0
Notary Public ,/ Oelif+V�t HECTORANTHONYGONZALEI
Commission k GG 15.
Print Name I- 1 ILC0mS0s031320231
���r �l)� ��4 Bonded Through-Cynanotary
p ,� r f--,Z0 2� ���/ Florida-NotaryPubllc
Mycommission expires: /
End of Section 00500
AGREEMENT 00500-Page 22 of 23
GENERAL REQUIREMENTS
Where Project Management is Not a Constructor
Section 00750 General Conditions
Section 00970 Project Safety and Health Plan
Section 00980 Contractor Quality Control Plan
Section 01015 Contractor's Use of the Premises
Section 01027 Application for Payment
Section 01030 Alternates
Section 01040 Project Coordination
Section 01045 Cutting and Patching
Section 01050 Field Engineering
Section 01200 Project Meetings
Section 01301 Submittals
Section 01310 Progress Schedules
Section 01370 Schedule of Values
Section 01385 Daily Construction Reports
Section 01395 Request for Information—(RFI)
Section 01410 Testing Laboratory Services
Section 01421 Reference Standards and Definitions
Section 01500 Temporary Facilities
Section 01520 Construction Aids
Section 01550 Access Roads and Parking Areas
Section 01560 Temporary Controls
Section 01590 Field Offices and Sheds
Section 01595 Construction Cleaning
Section 01600 Material and Equipment
Section 01630 Post-Proposal Substitutions
Section 01640 Product Handling
Section 01700 Contract Closeout
Section 01710 Final Cleaning
Section 01720 Project Record Documents
Section 01730 Operation and Maintenance Data
Section 01740 Warranties
MARATHON SHERIFF SUBSTATION NEW TPO ROOF AND ROOF REPAIRS
PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT
INSURANCE REQUIREMENTS
Worker's Compensation Statutory Limits
Employers Liability $500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease
Policy Limits
$500,000 Bodily Injury by Disease,
each employee
General Liability, including $500,000 Combined Single Limit
Premises Operations
Products and Completed Operations
Blanket Contractual Liability
Personal injury Liability
Vehicle Liability(Owned, non-owned, and hired vehicles) $300,000 Combined Single Limit
If split limits are preferred:
$200,000 per Person
$300,000 per Occurrence
$200,000 Property Damage
The contract shall require a Public Construction bond equal to the contract cost, The bond must
• be issued by an A rated surety company doing business in the State of Florida.
Hold Harmless and Indemnification. Notwithstanding any minimum insurance requirements
prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the
COUNTY and the COUNTY's elected and appointed officers and employees harmless from and
against(i) any claims, actions or causes of action, (ii) any 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) any costs or expenses that may be
asserted against, initiated with respect to, or sustained by, any indemnified party by reason of,
or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors
or other invitees during the' term of this Agreement, (B) the negligence or recklessness,
intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of
its employees, agents, sub-contractors or other invitees, or(C) Contractor's default in respect of
any of the obligations that it undertakes under the terms of this Agreement, except to the extent
the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the
intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents,
contractors or invitees (other than Contractor). 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
INSURANCE REQUIREMENTS AND FORMS 00130-Page 38 of 298
ACORD CERTIFICATE OF LIABILITY INSURANCE DATEIMMIDOIYYYY)
0E/25/2019
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_provlsions 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 Sandra LaRue
NAME:
Frank H.Furman,Inc. ONE (954)943-5050 I PAx (954)942-6310
-rMAW1o.EMI. (AIC,Not=
1314 East Atlantic Blvd. ADDRESS: sandra@lunnaninsurance.com
P.O.Box 1927 INSURER(S)AFFORDING COVERAGE HAIC C
Pompano Beach FL 33061 INSURER A: Lloyd's Syndicate 33(Hiscox)
INSURED mum'a Travelers Casualty Ins Co of America 19046
A•1 Property Services Group,Inc INSURER C: Bddgelleld Casualty Ins Co 10335
800 SW 69th Ave INSURER D:
INSURER E:
Miami FL 33144 INSURERF:
COVERAGES CERTIFICATE NUMBER: B:19 WC/18 GLAD UM 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 ADOLSUBR POUCYEFF POLICY EXP
LTR TYPE OF INSURANCE w,,e0 yyVO POLICY NUMBER IMIUDDIYYYY) IMMIDD/YYYY► LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 5 1,000,000
CLAIMS-MADE OCCUR PREEMMISESIEaoocccurrence) 5 100,OD0
MED EXP(Anyone person) 5 5,D00
A Y Y WCISCGL000209401 09f30l2018 09/3012018 PERSONAL AADVINJURY S 1,000,000
GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2.000,000
POLICYCI EEC LOC PROOUCTS•COMPJOPAGG S 2.000,000
OTHER: $
AUTOMOBILE LIABILITY /f ONSINEDISINGLE LIMIT s 1,000,000
X ANY AUTO BODILY INJURY(Per person) 5
B OWNED SCHEDULFJ] Y Y BA4H629064 08/17/2018 08/17/2019 BODILY INJURY(Per ao:Ident) $
AUTOS ONLY AUTOS
x HIRED NON-OWNED PROPERTY DAMAGE
AUTOS OM.Y AUTOS ONLY IPer accident}
PIP-Basic S 10,000
UMBRELLA UAB x OCCUR EACH OCCURRENCE s 5,000,000
A X EXCESS LIAR CLAIMS-MADE WCISCEL000209501 09/30/2018 09/30/2019 AGGREGATE 5 5,000,000
DEO I RETENTION S S
WORIUMS COMPENSATION Nef PER i IOTH-
AND EMPLOYERS' Y
LIABILITY STATUTE I ER
C ANY PROPRIETORlPARTNERlEXECUTIVE E NIA 1864B542 05101/2019 05/01/2020 E.L.EACH ACCIDENT S 1,000,000
OFFICERIMF-MIBER EXCLUDED?
(Mandatory In NH) EL:DISEASE•EA EMPLOYEE S 1.000,000
If yes.desathe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMITS 1.O0D,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 1Ot.Additlonal Remarks Schedule,may be attached If more space Is required)
The Monroe County Board of County Commissioners,Its employees and officials are included as additional insured far General&Auto Liability as required
by written contract.Waiver of ubro anon applies to General Liability&Auto Liability as required by written contract
.Y9DB o>
COI /
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS.
500 Whitehead Street
AUTHORIZED REPRESENTATIVE
Key West FL 33040 404,4 Ao
+ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD
BOND NUMBER 3301800
w
*I(II(1��fnn
''`'ti•
DOCUMENT A312-2010
Performance Bond
CONTRACTOR: SURETY:
(Name, legal status and address) (Name,legal status and principal place of business)
A-1 Property Services Group, Inc. FCCI Insurance Company
890 SW 69th Ave. 6300 University Parkway
Miami, FL 33144 Sarasota, FL 34240
OWNER:
(Name,legal status and address)
Monroe County Board of County Commissioners
500 Whitehead Street
Key West, FL 33144
CONSTRUCTION CONTRACT
Date:
Amount: $91,174.14
Description: (Name and Location)
Marathon Sheriff Substation New TPO Roof anf Roof Repairs
BOND •
Date:July 9,2019
Amount:$91,174.14
Modificatio s to this Bond: L1 None ❑ See Section 16
CONTRA, ,OR AS P IN PAL SURETY
Compan : (Corporate Seal) Company: (Corrlorate,Seal)
A-1 P o erty Sprvi es roup, Inc. FCCI Insurance Company •
.X: _ X:
• Na e nd Title: Name and Title: Tina Ma um,Attorney-in-,F.act
•
(Any dditional signatures appear on the last page of this Performance Bond.)
(FOR INFORMATION ONLY—Name, Address and telephone
AGENT or BROKER: OWNER'S REPRESENTATIVE:
(Architect, Engineer or Other Party)
Frank H. Furman, Inc
1314 East Atlantic Blvd., Pompano Beach, FL 33060
_ (954) 943-5050
1
§1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to
the Owner for the performance of the Construction Contract,which is incorporated herein by reference.
§2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except
when applicable to participate in a conference as provided in Section 1
§3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor
Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner,Contractor and
Surety to discuss the Contractor's performance.If the Owner does not request a conference,the Surety may,within
five(5)business days after receipt of the Owner's notice,request such a conference.If the Surety timely requests a
conference,the Owner shall attend.Unless the Owner agrees otherwise,any conference requested under this Section
3.1 shall be held within ten(10)business days of the Surety's receipt of the Owner's notice.If the Owner,the
Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction
Contract,but such an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor
Default;
.2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction
Contract to the Surety or to a contractor selected to perform the Construction Contract:
§4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a
_condition precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent the Surety
demonstrates actual prejudice.
§5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the
following actions:
§5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract;
§5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors;
§5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and
completion of the Construction Contract,arrange for a contract to be prepared for execution by the Owner and a contractor selected
with the Owner's concurrence,to be secured with performance and payment bonds executed by a qualified surety equivalent to the
bonds issued on the Construction Contract,and pay to the Owner the amount of damages as described in Section 7 in excess of the
Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or
§5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness
under the circumstances:
.1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after
the amount is determined,make payment to the Owner;or
.2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial.
§6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on
this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its
obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner.If the Surety proceeds as
provided in Section 5.4,and the Owner refuses the payment or the Surety has denied liability,in whole or in part,without further notice
the Owner shall be entitled to enforce any remedy available to the Owner.
2
§7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than
those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than
those of the Owner under the Construction Contract.Subject to the commitment by the Owner to pay the Balance of the Contract
Price,the Surety is obligated,without duplication,for
.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction
Contract;
.2 additional legal,design professional and delay costs resulting from the Contractor's Default,and resulting from
the actions or failure to act of the Surety under Section 5;and
.3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual damages caused
by delayed performance or non-performance of the Contractor.
§8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond.
•
§9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction
Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No
right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs,executors,administrators,
successors and assigns.
§10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related
subcontracts,purchase orders and other obligations. •
•
§11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location in
which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within
two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under
this Bond,whichever occurs first.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation
available to sureties as a defense in the jurisdiction of the suit shall be applicable.
§ 12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their
signature appears.
§13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the
construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed
deleted here from and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When
so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond.
§ 14 Definitions
§14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after
all proper adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the
Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper
payments made to or on behalf of the Contractor under the Construction Contract.
§ 14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,including all
Contract Documents and changes made to the agreement and the Contract Documents.
§ 14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with
a material term of the Construction Contract.
•
§14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the
Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract.
§ 14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor.
•
§15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be
deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
•
§16 Modifications to this bond are as follows:
• , '
•
(Space is provided for additional signatures of added parties, other than those appparii)g on the comer
page.)
CONTRAqfrQR AS PRI CIP L SURETY
:
COmpaii : (Corporate Seal) Company: (Coiporatei Seal)
A-1 Prop r,ty Seivices r p, Inc. FCCI Insurance Company
X .' X: .
Name n Title:. • Name and Title: Tina Marhum,Attorney-in-Faci.
4
•
BOND NUMBER 3301800
sAIADOCUMENT A312-2010
Payment Bond
CONTRACTOR: SURETY:
(Name,legal status and address) (Name,legal status and principal place of business)
A-1 Property Services Group, Inc. FCCI Insurance Company
890 SW 69th Ave. 6300 University Parkway
Miami, FL 33144 Sarasota,FL 34240
OWNER:
(Name,legal status and address)
Monroe County Board of County Commissioners
500 Whitehead Street
Key West, FL 33144
CONSTRUCTION CONTRACT
Date:
Amount: $91,174.14
Description: (Name and Location)
Marathon Sheriff Substation New TPO Roof anf Roof Repairs
BOND
Date: July 9,2019
Amount $91,174.14
Modifications to this Bond: ❑ None ❑✓ See Section 18
CONTRA TOR AS PRI Cl L SURETY
Compa - : • (Corporate Seal) Company: (Corporate Seal)
A-1 Pro;?grty.Sirivice G up, Inc. FCCI Insurance Company
X: l` ' • `-y X: � ---
Nam; -nd Title:., Name and Title: Tina Mangu ,Attorney-in-Fact
(Any.-•ditional signatures appear on the last page of this Payment Bond.)
(FOR INFORMATION ONLY—Name, Address and telephone
AGENT or BROKER: OWNER'S REPRESENTATIVE:
(Architect, Engineer or Other Party)
Frank H. Furman, Inc
1314 East Atlantic Blvd., Pompano Beach, FL 33060
(954)943-5050
5
§1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to
the Owner to pay for labor,materials and equipment furnished for use in the performance of the Construction Contract,which is
incorporated herein by reference,subject to the following terms.
§2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds harmless the
Owner from claims,demands,liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for
use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond.
§3 If there is no Owner Default under the Construction Contract,.the Surety's obligation to the Owner under this Bond shall arise after
the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13)of claims, demands, liens or
suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished
for use in the performance of the Construction Contract and tendered
defense of such claims,demands,liens or suits to the Contractor and the Surety.
§4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend,
indemnify and hold harmless the Owner against a duly tendered claim,demand, lien or suit.
§5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
•
§5.1 Claimants,who do not have a direct contract with the Contractor, •
.1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed
and the name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor
was done or performed,within ninety(90)days after having last performed labor or last furnished materials or
equipment included in the Claim; and
.2 have sent a Claim to the Surety(at the address described in Section 13).
§5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address
described in Section 13).
§6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a
Claimant's obligation to furnish a written notice of non-payment under Section 5.1,1.
§7 When a Claimant has satisfied the conditions of Sections 5,1 or 5,2,whichever is applicable,the Surety shall promptly and
at the Surety's expense take the following actions:
§7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim,stating the
amounts that are undisputed and the basis for challenging any amounts that are disputed; and
§7.2 Pay or arrange for payment of any undisputed amounts.
§7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver
of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and
Claimant have reached agreement.If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the
Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found
to be due and owing to the Claimant.
§ 8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided .
under Section 7.3,and the amount of this Bond shall be credited for any payments made in good faith by the Surety.
§9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the
Construction Contract and to satisfy claims,if any,under any construction performance bond.By the Contractor furnishing and the
Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are
dedicated to satisfy obligations of the Contractor and Surety under this Bond,subject to the Owner's priority to use the funds for the
completion of the work.
6
§ 10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the
Construction Contract.The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and
shall have under this Bond no obligation to make payments to,or give notice on behalf of,Claimants or otherwise have any
obligations to Claimants under this Bond.
§11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related
subcontracts,purchase orders and other obligations.
§ 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state
in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date(1)on
which the CIaimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was
performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(1)
or(2)first occurs.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to
sureties as a defense in the jurisdiction of the suit shall be applicable.
§ 13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on
which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the
date received.
§ 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction
was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted
herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so
furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond.
§ 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall
promptly furnish a copy of this Bond or shall permit a copy to be made.
§16 Definitions
§16.1 Claim. A written statement by the Claimant including at a minimum:
.1 the name of the Claimant;
.2 the name of the person for whom the labor was done,or materials or equipment furnished;
.3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was furnished for
use in the performance of the Construction Contract;
.4 a brief description of the labor,materials or equipment furnished;
.5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the
performance of the Construction Contract;
.6 the total amount earned by the CIaimant for labor,materials or equipment furnished as of the date of the Claim;
.7 the total amount of previous payments received by the Claimant;and
.8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the
Claim.
•
§ 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to
furnish labor,materials or equipment for use in the performance of the Construction Contract.The term Claimant also includes any
individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property
upon which the Project is located.The intent of this Bond shall be to include without limitation in the terms "labor,materials or
equipment"that part of water,gas,power,light,heat,oil,gasoline,telephone service or rental equipment used in the Construction
Contract,architectural and engineering services required for performance of the work of the Contractor and the Contractor's
subcontractors,and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor.materials or
equipment were furnished.
§16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including
all Contract Documents and all changes made to the agreement and the Contract Documents.
7
§ 16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the
Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract.
§16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor.
§ 17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed
to be Subcontractor and the term Owner shall be deemed to be Contractor.
§18 Modifications to this bond are as follows:
This Payment Bond is intended to, and shall be deemed to be, an unconditional statutory Payment Bond pursuant to
the requirements of Section 713.23, Florida Statutes. All of the provisions of Section 713.23, Florida Statutes,and all
related provisions of Chapter 713, Florida Statutes, are incorporated into this Payment Bond by this reference. Insofar
as any provision of this Payment Bond is inconsistent with, or more limiting or more expansive than, the provisions of
Section 713.23, Florida Statutes, or any related provisions of Chapter 713, Florida Statutes,then the statutory
provisions shall control.
(Space is provided for addit' nal signatures of added parties, other than those appearing on the cover.
page.)
CONTRACT )R AS PRINC SURETY : •
Company: (Corporate Seal) Company: (CorPOratte Seal)
A-1 Prope .y.Services G o , Inc. FCCI Insurance Company
Jt1/463-,-
Name .n. Title: Name and Title: Tina fManggil Attorney-in-Fact
•
n.
M.
4.1
--------policy.—promise,
GEWRALPOWER
'the laws of the State of Florida(the"Corporation") does make, constitute and appoint:
an
hi is rue rn6 0
its act and deed in all bonds and undertakings provided that no bond or undertaking or contract of suretyship executed
under this authority shall exceed the sum of(not to exceed $10,000,000.00): $10,000,000.00
The signatures below and the seal of the Corporation may be affixed by facsimile, and any such facsimile
In witness whereof,the FCC] Insurance Company has caused these presents to be signed by its duly authorized
officers and its corporate seal to be hereunto affixed,this 31 st day of January 2019 .
rTrai John n, President Cina'Welch, EVP,General Counsel,
11
State of Florida
.,.',County of Sarasota
Z.
.State of Florida
-..County of Sarasota,,.
WWN
W.
CERTIFICATE
ow r
Resolution of the Board of Directors, referenced in said Power of Attorney, is now in force,
X.
i
etch, E.VR*j;�Gendtbl Counsel
in, VV