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Item D08
D.8 t, BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia Murphy,District 5 The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1 �pw° Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 County Commission Meeting September 18, 2019 Agenda Item Number: D.8 Agenda Item Summary #6005 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Keith Bring (305) 292-4523 N/A AGENDA ITEM WORDING: Approval of a contract with Innovative Masonry Restoration, LLC. (Innovative) for the West Martello Tower Historic Ammunition Bunkers Repair in the amount of $223,000.00. Repairs are needed due to damages caused by Hurricane Irma. ITEM BACKGROUND: On September 10, 2017 Hurricane Irma damaged the historic Ammunition Bunkers at the West Martello Tower. Bender & Associates Architects completed drawings and specifications for the repair of the ammo bunkers in March 2019. A request for proposals for the repair work was publicly advertised in June 2019. Five proposals were received on the bid opening date of August 1, 2019. Innovative is the lowest responsible, responsive bidder. Project Management requests BOCC approval to award a contract to Innovative for the bunker repair construction work. PREVIOUS RELEVANT BOCC ACTION: 6/20/18 - BOCC approved advertisement of any required solicitations or proposals for repairs, work, or services resulting from damage to County facilities as a result of Hurricane Irma and authorization to proceed with such repairs, work, and service. 9/19/18 — BOCC approved a Task Order with Bender & Associates Architects for design services for the repairs to the Historic Ammo Bunkers. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval of contract. DOCUMENTATION: West Martello Ammo Bunker Agreement 8.15.19 West Martello Ammo Bunkers Insurance Requirements. Innovative FINANCIAL IMPACT: Packet Pg. 1240 D.8 Effective Date: 9/18/2019 Expiration Date: TBD (60 days after NTP issued) Total Dollar Value of Contract: $223,000.00 Total Cost to County: $27,875.00 Current Year Portion: $0 Budgeted: Hurricane Irma Source of Funds: 125 0459110 IRMONREI CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: Yes County Match: 75% Federal; 12.5% State; 12.5% County Insurance Required: Yes Additional Details: 125-0459110-530460-IRMONREl-530460 Hurricane Tracking 458595 09/18/19 125-0459110 - HURRICANE IRMA $223,000.00 REVIEWED BY: Breanne Erickson Completed 08/29/2019 9:03 AM Cary Knight Completed 08/29/2019 12:43 PM Chris Ambrosio Completed 08/29/2019 1:22 PM Budget and Finance Completed 08/30/2019 2:22 PM Maria Slavik Completed 08/30/2019 2:56 PM Kathy Peters Completed 09/03/2019 9:51 AM Board of County Commissioners Pending 09/18/2019 9:00 AM Packet Pg. 1241 D.8.a Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT made as September 18, 2019 . 0 BETWEEN the Owner: Monroe County Board of County Commissioners T 500 Whitehead Street Key West, Florida 33040 0 And the Contractor: Innovative Masonry Restoration, LLC 16264 Lakeside Ave. SE Prior Lake, MN 55372 U) For the following Project: West Martello Towers Historic Ammunition Bunkers Repair Scope of the Work 0 4- 0 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. LO 17 00 A. Project consists of structural stabilization of the historic masonry/concrete at the Ammunition Bunker portion of the West Martello Tower. The West Martello Tower is a E National Register historic site. All work activities must be undertaken with sufficient care to protect this historic resource and must be supervised by personnel who are familiar with the Secretary of Interior's Standards for Rehabilitation and have been pre-qualified under General Specifications, Section I, Bidding Conditions; Section II, Contractual Conditions; and Section III, Forms. 0 B. The work will include, but not necessarily be limited to, the following items: Restoration of historic ammunition bunkers dating from circa 1862. The hairline cracks 0 should be injected with epoxy and the larger cracks filled with a flowable corrosion inhibiting repair mortar. The wall areas that are spalling should have the loose concrete removed and replaced with a corrosion inhibiting repair concrete. The bottoms of the ammunition bunker slabs are in poor condition, but due to their significant thickness, are stable. To repair them, all loose concrete needs to be removed and the existing reinforcing cleaned of corrosion and supplemental reinforcing added with the new steel mat connected to the upper main slab, and new concrete placed at the bottom of the slabs. The bottom of the slabs should be board-formed to match the walls and existing slab Packet Pg. 1242 D.8.a bottoms, and the concrete should contain a corrosion inhibitor and should be self- consolidating to aid in placement. The middle ammunition bunker should have the delaminated slab bottom concrete that is still in place removed, or the bunker should not be used for storage until the slab is repaired. a The expansion joints need to be cleaned of debris and filled with sealant and the exposed corroding reinforcing drilled out and patched with a corrosion inhibiting repair mortar. The hairline cracks should be injected with epoxy to weatherproof them. a 0 The Contractor shall be responsible for complying with regulations, approvals, and A permitting by the: Historic Architectural Review Commission of the City of Key West and any other permitting or regulatory agencies as applicable. 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 Proposal (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, 0 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. 0 ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the LO 17 extent specifically indicated in the Contract Documents to be the responsibility of others, or as 00 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 Sixty(60) 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. AGREEMENT 00500- Page 2 of 24 Packet Pg. 1243 D.8.a FIRST SECOND 31ST DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under $50,000.00 $50.00/Day $100.00/Day $250.00/Day co $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. . 3.2 UNCONTROLLABLE CIRCUMSTANCE T Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane, or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project; (each, an "Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in cost, or availability of materials, components, or services, market conditions, or supplier actions, or contract disputes will not excuse performance by Contractor 0 under this Section. Contractor shall give County written notice within seven (7) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the 0 anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a no cost Change Order for such reasonable time as the Owner's Representative may 17 LO determine. 17 00 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 Two Hundred Twenty Three Thousand Dollars ($223,000.00), subject to additions and deductions as provided in the Contract Documents. 0 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: Alternate # 1: No Alternates Specified 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 0 AGREEMENT 00500- Page 3 of 24 Packet Pg. 1244 D.8.a 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 g 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 T 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. U) 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: 0 4- 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 LO which results in a net decrease in the Contract Sum shall be the net cost to the Owner, 17 less Overhead, Profit and Documented Costs incurred prior to the change Request, as00 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 E covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage; 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. AGREEMENT 00500- Page 4 of 24 Packet Pg. 1245 D.8.a 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. a 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: 0 (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: LO 17 A. Project Record Documents (As Built Documents). 00 B. Operating and maintenance data, instructions to the Owner's personnel. E C. Warranties, bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. 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). U) ARTICLE 7 Miscellaneous Provisions AGREEMENT 00500- Page 5 of 24 Packet Pg. 1246 D.8.a 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. T 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. 0 4- 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 LO determination, based on an audit, that it or any subcontractor has committed an act 17 defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not00 been formally charged with committing an act defined as a "public entity crime" regardless 0 of the amount of money involved or whether Contractor has been placed on the convicted E 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. 0 7.6 The following items are included in this contract: a) Maintenance of Records. Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. 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. §200.3337 whichever is greater. Each party to this Agreement or their authorized representatives AGREEMENT 00500- Page 6 of 24 Packet Pg. 1247 D.8.a 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. a b) Governing Law, Venue, Interpretation, Costs, and Fees, This Agreement shall be 2 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. 0 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; 4- 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 LO stricken provision. 17 00 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 E 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. 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. AGREEMENT 00500- Page 7 of 24 Packet Pg. 1248 D.8.a 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 2 seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. 3 0 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 4- 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- LO 1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 17 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits00 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; E 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 0 (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 to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other AGREEMENT 00500- Page 8 of 24 Packet Pg. 1249 D.8.a 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 41 C.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: 3 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 U) 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 0 contracting officer setting forth the provisions of this nondiscrimination clause. 0 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. LO 17 00 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. U) 4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, AGREEMENT 00500- Page 9 of 24 Packet Pg. 1250 D.8.a 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. a 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. a 0 A 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. U) 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 0 4- 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 LO subcontract or purchase order unless exempted by rules, regulations, or orders 17 of the Secretary of Labor issued pursuant to section 204 of Executive Order00 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with E 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 0 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 10 of 24 Packet Pg. 1251 D.8.a 1) 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 0 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. U) 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 4- 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 LO prevailing party, be entitled to reimbursement of all attorney's fees and costs 17 associated with that proceeding. This provision shall survive any termination or00 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: 0 (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. AGREEMENT 00500- Page 11 of 24 Packet Pg. 1252 D.8.a (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor . transfers all public records to the County upon completion of the contract, the 2 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. U) (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. 0 4- 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 LO penalties under Section 119.10, Florida Statutes. 17 00 The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision E 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 AGREEMENT 00500- Page 12 of 24 Packet Pg. 1253 D.8.a immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 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 2 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 b 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 4- 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. LO 17 s) Attestations. Contractor agrees to execute such documents as the County may00 reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, 0 and a Drug-Free Workplace Statement. E 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. U) 0 v) Hold Harmless and Indemnification. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, AGREEMENT 00500- Page 13 of 24 Packet Pg. 1254 D.8.a 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 U) 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 4- 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. LO The first ten dollars ($10.00) of remuneration paid to the Contractor is for the 17 indemnification provided for the above. 00 FDEM Indemnification E 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. U) 0 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 AGREEMENT 00500- Page 14 of 24 Packet Pg. 1255 D.8.a a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. co 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 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 2 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. , 0 Special Conditions, if any are detailed in Section 00100 of the Project Manual for this Project. Right to Audit LO Availability of Records. The records of the parties to this Agreement relating to the 17 Project, which shall include but not be limited to accounting records (hard copy, as00 well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, E 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, AGREEMENT 00500- Page 15 of 24 Packet Pg. 1256 D.8.a 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. 2 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: Jim Dolby, President Innovative Masonry Restoration, LLC 16264 Lakeside Ave. SE Prior Lake, MN 55372 For Owner: Director of Project Management Assistant County Administrator, PW& E 1100 Simonton St., Room 2-216 1100 Simonton St. 4- Key West, Florida 33040 Key West, Florida 33040 0 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 LO 2 C.F.R. Part 200, as amended, including but not limited to: 17 00 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. 7401-7671 q) 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 AGREEMENT 00500- Page 16 of 24 Packet Pg. 1257 D.8.a 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 T 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 sub recipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public 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. 0 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 LO termination of the contract, and for debarment as a contractor and subcontractor as 00 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. AGREEMENT 00500- Page 17 of 24 Packet Pg. 1258 D.8.a 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 sub recipient 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 sub recipient 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. 2 E 7.8.5 Clean Air Act(42 U.S.C. 7401-7671 q.),Water Pollution Control Act(33 U.S.C. 1251-1387) 3 as amended. Contracts and sub grants 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). 7.8.6 Debarment and Suspension (Executive Orders 12549 and 126891. 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-Lobbying 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 LO tier above that it will not and has not used Federal appropriated funds to pay any person 00 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 E 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. 0 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; AGREEMENT 00500- Page 18 of 24 Packet Pg. 1259 D.8.a 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, o /sirir /coinirhnsliiroc��irirn� �liIllin c giro. hair . `� ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,U,,,,,,,,,,,,,,,,,,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,..................,,,,,,U,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,g,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,...........................l p,q,,,,,,,U,,,,,,,,,,,,,,,,,,,,q,,,,,,..................... 0 A Other Federal Requirements (as applicable): 3 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 U) 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 0 Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. § 200.321(as set forth in detail below), 0 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. 17 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY LO BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA 00 FIRMS a. If the CONTRACTOR,with the funds authorized by this Agreement, E 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; 2 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; AGREEMENT 00500- Page 19 of 24 Packet Pg. 1260 D.8.a 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. im 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 T 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. U) 7.8.13 Access to Records. The following access to records requirements apply to this contract: 4- (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 0 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. LO 00 7.9 The CONTRACTOR is bound by the terms and conditions of the Federally-Funded E 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 0 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. AGREEMENT 00500- Page 20 of 24 Packet Pg. 1261 D.8.a 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 T 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 0 COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 0 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 17 LO CONTRACTOR the sum due the CONTRACTOR under this agreement prior to 17 00 termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not 0 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. 0 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: Yes b) Project Manual: Yes AGREEMENT 00500- Page 21 of 24 Packet Pg. 1262 D.8.a c) Documents: Photos 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated: None . 9.1.4 The Addenda, if any, are as follows: T Number Date Page 1 acknowledge receipt of Addenda No.(s) No. 1 Dated 06/19/2019 No. 2 Dated 07/17/2019 No. 3 Dated 07/22/2019 U) This Agreement is entered into as of the day and year first written above and is executed in at least one original copy of which a copy is to be delivered to the Contractor. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW 0 4- 0 0 LO 17 U) AGREEMENT 00500- Page 22 of 24 Packet Pg. 1263 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 COUNTY, FLORIDA E E By: By: < .2 Deputy Clerk Mayor/Chairman %- Date .2 T (SEAL) 0 CONTRACTOR'S Witnesses Attest: CONTRACTOR: Contractor must provide two witnesses .2 signatures Signature: Signature: Print Name: U) Print Name: Title: 0 Title: Date: 0 0 Date: 4- 0 1� and > 0 CL CL Signature: MONROE COUNTY ATTORM: Print Name: LO 00 Title: CHRIS AMBRO, I Date: ASSISTAi T COU T'Y ATTIOPNF E Date. STATE OF FLORIDA, COUNTY OF On this day of 20 before me, the undersigned notary public, personally-appeared known to me to be the person whose name is 0 subscribed above or who produced as identification, and acknowledged E E that he/she is the person who executed the above contract with Monroe County for West Martello < Towers Historic Ammunition Bunkers Repair for the purposes therein contained. .2 Notary Public Print Name U) My commission expires: Seal E AGREEMENT 00500- Page 23 of 24 Packet Pg. 1264 D.8.a 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 T Section 01040 Project Coordination Section 01045 Cutting and Patching 3 Section 01050 Field Engineering Section 01200 Project Meetings Section 01301 Submittals Section 01310 Progress Schedules Section 01370 Schedule of Values U) 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 0 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 LO Section 01640 Product Handling 00 Section 01700 Contract Closeout Section 01710 Final Cleaning E Section 01720 Project Record Documents Section 01730 Operation and Maintenance Data Section 01740 Warranties 0 0 U) AGREEMENT 00500- Page 24 of 24 Packet Pg. 1265 D.8.b WEST' ARTELLO TOWERS HISTORIC AMMUNITION BUNKERS REPAIRS I- SECTION 00130 INSURANCE REQUIREMENTS AND FORMS 3 0 MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES General Insurance Requirements for Construction Contractors and Subcontractors 1 U) Prior to the commencement of work governed by this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Sub-Contractors engaged by the 0 Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. 0 0 The Contractor will not be permitted to commence work governed by this contract (including pre- staging of personnel and material) until satisfactory evidence of the required insurance has been _ furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or Cr replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor will be held responsible for all deductibles and self-insured retentions that may be contained in the Contractor's Insurance policies. The Contractor shall provide, to the County, as satisfactory evidence of required insurance, either: Certificate of Insurance or A Certified copy of the actual insurance policy. 0 However,the Contractor shall provide to County Project Management a valid Certificate of Insurance and a certified complete copy of any and all Builder's Risk Insurance Policies and policies covering County-owned property with all endorsements, amendments, exclusions and notice of changes to the policy. On any and all Builder's Risk Insurance Policies and policies covering County-owned property, the Monroe County Board of County Commissioners will be named as a named insured, additional insured and loss payee. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. INSURANCE REQUIREMENTS AND FORMS 00130- Page 36 of 274 Packet Pg. 1266 D.8.b WEST MARTELLO TOWERS HISTORIC AMMUNITION BUNKERS REPAIRS All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given : to the County by the insurer. 3 The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. 0 4- 0 0 0 6 Cr U) 0 U) INSURANCE REQUIREMENTS AND FORMS 00130- Page 37 of 274 Packet Pg. 1267 D.8.b WEST MARTELLO TOWERS HISTORIC AMMUNITION BUNKERS REPAIRS BUILDER'S RISK INSURANCE REQUIREMENTS FOR WEST MARTELLO TOWER HISTORIC AMMUNITION BUNKER REPAIRS BETWEEN 3 MONROE COUNTY, FLORIDA AND Inn ovat tor: ti.Qrd LLC_ � The Contractor is required to purchase and maintain, throughout the life of the contract, and until the project is accepted by the County, Builder's Risk Insurance on an All Risk of Loss form. Coverage will include: Theft, Aircraft, Explosion, Civil Commotion, Hail, Smoke, Fire, Riot, Vehicles, Collapse , 0 The policy limits will be no less than the amount of the Full Replacement Value of the completed structure and coverage will be provided on a Completed Value Basis. Property, materials, or supplies located on the construction premises, which are intended to become a permanent part of the building, will be included as property insured. 0 The policy will be endorsed permitting the County to occupy the building prior to completion without effecting the coverage. 6 The policy will be endorsed to include the Monroe County Board of County Commissioners E as Named Insured, Additional Insured and as the Loss Payee. Cr Contractor duties in the event of loss or damage to County property In the event that there is a loss or damage to County property the Contractor must: (1) Immediately notify the County Project Manager on the Project in writing with a description of the property involved with the Contractor's best estimation of how, when and where the loss or damage occurred before tendering the claim. (2)Take all reasonable steps to prevent further damage and keep accurate records of all expenses necessary to protect the covered property. (3) Promptly notify all impacted contractors, materialmen, and suppliers so that a proper investigation of the claim of loss or damage may be conducted by all parties concerning the potential claim (4) Provide the County Project Manager with copies of all completed inventories of the damaged property including quantities, values and amount of loss claimed and related reports, correspondence, records and proof of loss that the Contractor provides to the insurer or adjuster handling the claim. (5) Provide notice to the County Project Manager of any and all adjuster and inspector visits to the project concerning the loss or damage, and allow the Project Manager to be present during all adjustment and inspector work on site. (6) Provide the Project Manager a copy of the signed, sworn proof of loss documents, and the proposed settlement check for review and endorsement, at the County's discretion. INSURANCE REQUIREMENTS AND FORMS 00130- Page 38 of 274 Packet Pg. 1268 D.8.b WEST MARTELLO TOWERS HISTORIC AMMUNITION BUNKERS REPAIRS I- WORKERS' COMPENSATION 0 INSURANCE REQUIREMENTS FOR WEST MARTELLO TOWER HISTORIC AMMUNITION BUNKER REPAIRS BETWEEN MONROE COUNTY, FLORIDA AND 0 Innovative Masonry Restoration LLC 0 0 4- Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes and the requirements of Florida Statutes, Chapter 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease, policy limits $1,000,000 Bodily Injury by Disease, each employee 6 Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. Cr If the Contractor has been approved by the Florida's Department of Labor, as an authorized self- insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. 0 19 In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. 0 U) INSURANCE REQUIREMENTS AND FORMS 00130- Page 39 of 274 Packet Pg. 1269 D.8.b WEST MARTELLO TOWERS HISTORIC AMMUNITION BUNKERS REPAIRS a GENERAL LIABILITY INSURANCE REQUIREMENTS FOR WEST MARTELLO TOWER HISTORIC AMMUNITION BUNKER REPAIRS BETWEEN MONROE COUNTY, FLORIDA AND U) Innovative Masonry Restoration LLC 0 Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, 0 4- as a minimum: 0 Premises Operations • Products and Completed Operations a Blanket Contractual Liability 0 Personal Injury Liability The minimum limits acceptable shall be: 0 6 $1,000,000 Combined Single Limit Cr An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. U) The Monroe County Board of County Commissioners shall be named as Additional Insured on all E policies issued to satisfy the above requirements. 0 0 U) INSURANCE REQUIREMENTS AND FORMS 00130- Page 40 of 274 Packet Pg. 1270 D.8.b WEST MARTILLO TOWERS HISTORIC AMMUNITION BUNKERS REPAIRS a VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR WEST MARTELLO TOWER HISTORIC AMMUNITION BUNKER REPAIRS BETWEEN MONROE COUNTY, FLORIDA AND U) Innovati ve Masonry Restoration LLC Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, 0 prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: 0 Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) 0 If split limits are provided, the minimum limits acceptable shall be: $500,000 per Person $1,000,000 per Occurrence E $100,000 Property Damage Cr The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. U) 0 U) INSURANCE REQUIREMENTS AND FORMS 00130- Page 41 of 274 Packet Pg. 1271 D.8.b WEST MARTELLO TOWERS HISTORIC AMMUNITION BUNKERS REPAIRS I- PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Worker's Compensation Statutory Limits Employers Liability $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease Policy Limits $1,000,000 Bodily Injury by Disease, each employee c� General Liability, including $1,000,000 Combined Single Limit Premises Operations 0 Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Vehicle Liability (Owned, non-owned, and hired vehicles) $1,000,000 Combined Single Limit If split limits are preferred: 0 $500,000 per Person $1,000,000 per Occurrence $100,000 Property Damage 2 Builder's Risk: Required Limits equal to the full replacement Cr value of the completed project 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. U) 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 INSURANCE REQUIREMENTS AND FORMS 00130- Page 42 of 274 Packet Pg. 1272 D.8.b WEST" MARTELLO TOWERS HISTORIC AMMUNITION BUNKERS REPAIRS 2 contract shall be not less than $1 million per occurrence pursuant to F. S. 725.06. Insofar as the 2 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. 0 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. 0 4- 0 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements > 0 contained elsewhere within this AGREEMENT. PROPOSER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all of the requirements herein. I fully accept the indemnification and hold harmless and duty to defend as set out in this proposal. 6 E Innovative Masonry Restoration LLC Cr PROPOSER Signature U) 0 U) INSURANCE REQUIREMENTS AND FORMS 00130- Page 43 of 274 Packet Pg. 1273 D.8.b WEST MARTELLO TOWERS HISTORIC AMMUNITION BUNKERS REPAIRS I- INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the proposer named above. The following o deductibles apply to the corresponding policy. o POLICY DEDUCTIBLES U) General Liability $25,000 Auto Liabil_ ty $1 000 0 4- 0 Workers Compensation N/A 0 Liability policies are X Occurrence Claims Made 0 Kraus-Anderson Insurance Insurance Agency &gin6furre Cr a U) 0 0 U) 4j End of Section 00130 INSURANCE REQUIREMENTS AND FORMS 00130- Page 44 of 274 Packet Pg. 1274 D.8.b Al 0 r DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE a/s/zols 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 O REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. 2 If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME Certificates Department Kraus-Anderson Insurance 1-11111 420 Gateway Blvd _ ,C,,N,"E f)„, .-?( a2R1f7 [sue,Nol,952 890 0535 -0 ," Certdr„cates ka,insut n "com Burnsville MN 55337 ADORES„ O_.......,, E-MAIL INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:The t COm an ®.... 2 Indemnity p y 5656 _,.,...,.� — Travelers � INSURED INNOMAS-02 INSURER B The Charter Oak Fire Insurance Company 25615 Innovative Masonry Restoration LLC U) 16264 Lakeside Avenue SE INSURERC:Travelers Property Casualty Company of America25674 0 Prior Lake MN 55372 INSURER D.Travelers Casualty and S urety 1903a INSURER E: 48 INSURER F CY COVERAGES CERTIFICATE NUMBER:1633465786 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 0 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. 0 ILTR TYPE OF INSURANCE S N Dq.SU SD D f POLICPOLICY NUMBER MMIDDY EF�F J POLICY EXP)1 LIMITS A X COMMERCIAL GENERAL LIABILITY Y COOF319707 12/17/2018 12/17/2019 I EACH OCCURRENCE $1 000 000 DAMAGE TO RENTED ,e w,..,....... CLAIMS-MADE f X„I OCCUR PREMISES,(Ea occurrence) $30D 000 91 X, XCU Coverage MED EXP(Any one person) $10,000 ..� ..._...... PERSONAL BADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 Z POLICY I X JECT 11 LOG PRODUCTS-COMP/OPAGG $2,000,000 cu OTHE':R: $ 0 B AUTOMOBILE LIABILITY Y e COMBINED SINGLE LIMIT BA8F319707 12/17I2018 12/17/2019 (Ea accident) $1,000 000 X ANY AUTO BODILY INJURY(Per person) $ 6 OWNED t SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY 4 AUTOS HIRED NON-OWNED F..RO0E6#'8Y„DAMAGU AUTOS ONLY AUTOS ONLY r $ � C X UMBRELLA LIAB X OCCUR I CUP8F319707 12/17/201 B 12/17/2019 EACH OCCURRENCE $5 000 000 Cr EXCESS LIAB CLAIMS-MADE I AGGREGATE $5 000,000 DED ..X RETENTION�nnD $ D WORKERS COMPENSATION UB8J402329 12/17/2018 12/17/2019 X PER FIR TATUTI F E CY ANYP OPRANDOI TORIPARTBNE EXECUTIVE E:L EACH ACCIDENT R YIN OFFICER/MEMBER EXCLUDED N N/A C$1,000 000 (Mandatory m NH) E,L,DISEASE-EA EMPLOYEE $1,000,000 U) If yes,describe under ...... __ ---I'll,...... ......._ DESCRIPTION OF OPERATIONS below ; S E.L.DISEASE-POLICY LIMIT $1.000,000 888 DESCRIPTION OF OPERATIONS LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedul e,may be ah,ached if more space is required) O The Certificate Holder is an Additional Insured under the Commercial General Liability and Auto Liability when required by written contract. E 0 cu CERTIFICATE HOLDER CANCELLATION U) 0 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Board of County Commissioners E 500 Whitehead Street ALIT ORI EDREPRESENTATIVE Key West FL 33040 cu ©1988-2015 ACORD CORPORATION. All rights reserved, ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 1275