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08/19/2020 Agreement
b'` \'r Kevin Madok, CPA '" Clerk of the Circuit Court&Comptroller—Monroe County, Florida DATE: October 13, 2020 TO: Breanne Erickson, Contract Administrator Project Management QQ�� FROM: Pamela G. Hancol<k; .C. SUBJECT: August 19th BOCC Meeting Attached is an electronic copy of the following item for your handling: C II Contract with Gary's Plmnhing&Fire, lne.in the amount of$468,000.00 for the installation of a Fire Suppression System for the Pigeon Key Historic Site Buildings; to be paid by Tourist Development Council Grant#1863; and Tourist Development Grant#2024. 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 PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION Agreement Between Owner and Contractor Where the basis of payment is a S TIPULA TED SUM AGREEMENT Made as of August 19, 2020 BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 And the Contractor: Gary's Plumbing and Fire, Inc, 6409 2nd Terrace; site 1 Key West, FIL 33040 For the following Project: Pigeon Key Fire Suppression System Installation Scope of the Work The Scope of Work has been modified due to available funding and shall include, but not be limited to, all work listed below and detailed in the Project Drawings and Specifications. 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. The scope of work is to: 1 A Provide and install 1000 gallon holding tank. Z Install underground fire supply lines to service all buildings. 3. Install underground alarm conduits for future install of required wiring at all buildings. 4. Test and inspect all installation, 5. Provide and install weatherproof, code-approved domestic pressure system to serve as a temporary, functioning, fire protection system for specified structures. a. Coated sprinkler head building locations and count: L Classroom -48 ii, Bridge Tenders House—31 iii. Paint Foreman's House—42 iv. General Storage—8 v. Guest House—20 vi. Museum—25 vii. to Housing A—5 AGREEMENT 00500- Page 1 of 17 PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION viii. Staff Housing B - 15 6. Provide and install all fire sprinkler lines in galvanized steel with stainless steel hangers and all thread rod, 7, Provide necessary shop drawings and hydraulic calculations to determine all line sizes, B. All sprinklers are to have protective cages to avoid damage and accidental discharge, 9. Mobilization via marine vessels should be anticipated as the Old Seven Mile Bridge is under active construction and within FDOT jurisdiction. Mobilization means and methods other than boat, such as but not limited to spudding of barges, may require additional environmental permits at the expense of the Contractor. 10. Provide and install Fire Department Connections (FDC) at is indicated and approved by the Authority having jurisdiction. 11. Install yard mounted hose valve stations for firefighting personnel use, 12. Establish an electrical connection either to the existing (generator) power or the Single- Phase power that could potentially be installed prior to the completion Note: All materials used will be subjected to saltwater environment, All exposed hardware is to be stainless steel. All pipe to be salt water protected either by materials used or special coating. ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda issued prior to execution of this Agreement, together with the response to 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 31 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 Ninety(90) 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 AGREEMENT 00500- Page 2 of 17 PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION 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 31 ST DAY& CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under $50,000.00 $50.00/Day $1 00.00/Day $250.00/Day $50,000.00_99,999.00 1 00.00/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 rec Owner shall be an extension of time on the Contract. Uncontrollable Circumstance, 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; (a)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, a "Uncontrollable Circumstance"), Contractor's financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor 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 anticipated duration of such [incontrollable 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 additional time at no cost to the County as the Owner's Representative may determine. 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 Four Hunor l � l ht o�ns rid end f Dollars .�QWQ , 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:_N/A AGREEMENT 00500- Page 3 of 17 PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION 413 Unit prices, if any, are as follows: N/A ARTICLE 5 Progress Fa—yments 5A Based upon AppVcations 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 218735, 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: 5.6A 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, 5.61 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 locaflon agreed upon in writing), less retainage; 5.6.3 Subtract the aggregate of previous payments made by the Owner; and -�-G—REEMENT 00500- Page 4 of 17 PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION 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 Owners personnel. 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), AGREEMENT 00500- Page 5 of 17 PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION 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, 7A Annual Appropriation, Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated and the County has no further obligation under the to of this Agreement to the Contractor beyond that already incurred by the termination date. 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, 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 seven (7)years from the termination of this Agreement or five (5)years from the submission of the final expenditure report as per 2 CFR §200.33, if applicable, 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 to of the Agreement and for four (4) 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. 55.039 Florida Statutes, running from the date the monies were paid to Contractor. Right to Audit. AGREEMENT 00500-Page 6 of 17 PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION 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 docurrientation 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 by 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 of Owner 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 seven (7)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 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. The Right to Audit provisions survive the termination or expiration of this Agreement, 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 ............ AGREEMENT 00500- Page 7 of 17 PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION provision with a valid provision that comes as class as possible to the intent of the stricken provision. d) tt rn y'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 stall be entitled to reasonable attorney's fees and Court costs as are award against the nor-prevailing party, and shall include ttorny's fees and courts costs in appellate proceedings. 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 y 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. Claims for Federal or State,did, 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 f 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 evert 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) Non discriminationf q u al Employment Opportunity. The parties agree that there will b no discrimination against any person, and it is expressly understood that upon 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 Decal ordinances, as applicable, relating to nondiscrimination. These include but are not limited to; 1)Title Vil of the Civil Rights t of 66- 5 ), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; ) Title IX of the Education Amendment of 1972, as amended ( 0 USC §§ 16 1-1 6 , and 1665-16 ), which prohibits AGREEMENT 00500-Page 8 of 17 PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION 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 gill of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as arnencled, 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 nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 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, 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/ ayrne nt. 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 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 AGREEMENT 00500- Page 9 of 17 PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION 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 prevailing party, be entitled to reimbursement of all attorn y°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. Stator, Sec. 119.0701 and the terms and conditions of this contract, the Contractor is required to- Keep and maintain public records that would be required by the County t perform the service. (2) Upon receipt from the unty's custodian of records, provide the County with a grapy 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. ( 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. } 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 regards 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 roust be provided to the County, upon request from the ounty's custodian of records, in a format that is compatible with the information technology systems of the County. request to inspect or copy public records relating to a County contract rest 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 unty`s request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the ounty's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor, AGREEMENT OOw Page 10 of 1 PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION 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. 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 AGREEMENT 00500- Page 11 of 17 PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION 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, Indemnification, and Defense. 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 Fla. Stat., Sec. 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 AGREEMENT 00500-Page 12 of 17 PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the Ka ty's behalf. The first ten dollars ( t . of remuneration paid to the Contractor is for the indemnification provided for the above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. 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 art of this Agreement and will not be used in the interpretation of any provision of this Agreement. j 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, shell have the opportunity to participate in the performance of contracts financed in whole or in pert with County funds render 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 's have the opportunity to participate in the performance of the Agreement. In this regards all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that '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. yj 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. Florida Green Building Coalition Standards. Monroe County requires its buildings to conform to Florida Green Building Coalition standards. a Independent Contractor. At all tires and for all purposes under this Agreement, Contractor is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this Agreement shall be construed so as to find Contractor or any of its employees, subcontractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. bbEntire Agreement. This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject muter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in writing„ approved by the Board of County Commissioners, and signed by both parties before it becomes effective. AGREEMENT g g-Page 13 of 17 PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION 7.7 Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, postage prepaid, or by courier with proof of delivery.The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice shall be sent to the following persons: For Contractor: gLPLgentonze 6409 2nd Terrace.Suite 1 Key West, FL 3304 0 For Owner: Director of Proiect ana ement Assist ant Q 1100 Simonton St. Room 2-216 1100 Simonton St, Key 'Meat, Florida 33 4 rev Test, Florida 33040 ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions. 82 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(5)calendar days'written notification to the Contractor. 8.3 Either of the pasties hereto may cancel this Agreement without cause by giving the other party sixty (60) days'written notice of its intention to do so. 8.4 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' written 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 clairn for violation of the County's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. &5 Termination for Convenience: The County may terminate this Agreement for convenience, at any time, upon thirty (30) days' written notice to Contractor. If the County terminates this Agreement with the Contractor, County shall pay Contractor the sum due AGREEMENT 00500- Page 14 of 17 PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION the Contractor under this Agreement prig to termination, unless the cast of completion t the County exceeds the funds remaining in the contract. The maximum amount due t Contractor shall not exceed the spending cap in this Agreement. 3.0 For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 2 7.135(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 237.135(5)( )F Florida Statutes„ or (2) maintaining the Agreement if the conditions of Section 23 .135( ), Florida Statutes, are m L .7 For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 2 7. 35(5)g 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 PetroleumEnergy 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 2 7.135(5)( ), Florida Statutes, or(2)maintaining the Agreement if the conditions of Section 237.135( ), Florida Statutes, are met. ARTICLE Enumeration f Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this ,Agreement, are enumerated as follows; ) Drawings: -1, F 0.1, FA1.0, FA1.1, FA1.1, FA1.2p FA1.3, FP0.1, F 1.0, FP 1.1, F 1.2„ F1 1.3, FIR1.4, FP1.5, FP1. , FP .7 9A A 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 Addenda, if any, are as followsv Number Date Page This Agreement is entered into as of the day and year first written above and is executed in at lest one (1) original copy. BALANCE OF PAGE INTENTIONALLY SIGNATUREFOLLOW AGREEMENT 00500-Page 15 of 17 PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION ITURE by the Contractor must be by a person with authority to bind the entity. OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED. BOARD OF COUNTY COMMISSIONERS Kevin Madok,Clerk OF MONROE COUNTY, FLORIDA 1./, ^` ""'^'v By: 1pnFF���s`ss- Deputy Clef( yod h an Date �.rd.E r"� 2� y,> ,,,o,wwc sTOF 0/ oiwo..TO FORM (SEAL) / ( . ..-. dSP an, CONTRACTOR'S Witnesses Attest: CONTRACTOR: Contractor must provide two w signatures Signature: Signalure:� Print Name: LE Print Name:/X,RSTCN OLSE.0 Title: Q BIttKr Date: ;Tay 1SAGO Date: J./IA ISM 20t0 and Print Name: A /I T7 o m Date: [4c t' __ CO o a S1 STATE OF r I afield._ COUNTY OF 'Y4h erne- _ - a ' ? 0 On this IStk day of ].I i , 2010, before me, the undersigned notary pubis, nomeant;of iysical preser(fe or 0 online, personally appeared tZnrti re n n 4nsrN c Qcnown to mew be the person whose name is subscribed above or who prof(ucad as identification, and acknowledged that helshe is the person who executed the above contract with Monroe County for PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION for the purposes therein contained. Notary Publicn%"`"J r '•..., Print Name 'Yint/et/ E liar[At- My commission expires: OR • 202a (Seal) End of Section 00500 AGREEMENT 00500-Page 16 of 17 6 State Phinibirtg,McCaw State Fire Marshall License M 1425735 � . � � � FPC'13.(}01104 10/09/2020 To whom it may concern, I, Rachel Harper, witnessed Gary Centonzesign the Pigeonr July 15th, 2020. I mistakenly omitted my NotaryID whichis 1550131. Rachel Harper Gary's Plumbing and Fire, Inc Second6409 ce Suite 1 Key West, FL 33040 ( ) 1 ( ) 2924978 09 2 T rr ce,Suite I " y % est, 3 0 1'l one( 05) 296- 3 F (3t15) 249 * gar)splu blot l a a: lac® PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION GENERAL REQUIREMENTS Where Project Management is Not a Constructor Section 00750 General Conditions Section 0097'0 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 01001 Submittals Section 01310 Progress Schedules Section 0 1370 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 're mporary Facilities Section 01520 Construction Aids Section 01550 Access Roads and Parking Areas Section 01550 Temporary Controls Section 01500 Field Offices and Sheds Section 01505 Construction Cleaning Section 01600 Material and Equipment Section 0 1630 Post-Proposal Substitutions Section 01540 Product Handling Section 01700 Contract Closeout Section 01710 Final Cleaning Section 01720 Project Record Documents Section 01730 Operation and Maintenance Data Section 01740 Warranties WARRANTIES 01740-Page 17 of 17 Pigeon Key Fire Suppression System installation SECTION 00120 NON-COLLUSION AFFIDAVIT of the city Ly t _14k _H oat and,4 1 accordini,to law on my under penalty of riury, depose and s that: _5 1. 1 am A_ IL- S;Lv of the firm of, :=r + -- lre the proposer making the Firopo-sal fort the projiY-rct described in the notice for Galling for proposals for: r', f'In'ton kEly -r YJ f and that I executed iWe—sald pro sal with full au "rity to do so; 2. The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; and 3. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor, and 4. No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition; and 5. The state e is contained in this affidavit are true and correct, and made with full knowted said project. Z:10 �Signature of Proposer) (Dat6) STATE OF: MARMC.MLAIR ::�LrVCwNWbn1FF9W:22 COUNTY OF: 0 1-)V-6c E*wJ*16,= PERSONALLY APPEARED BEFORE ME, the undersigned authority who, after first being sworn by me, (name of individual signing)affixed his her signature in the space provided above. on this day of 20_41. NOTARY PUldbfC' My commission expires:—_-.—. PRO POSALFORM 00120- Page 28 of 217 Pigeon Key Fire Suppression System Installation LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE .en (Com any) warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". (Signature Date. STATEOF: COUNTY O . ont,,ue, Subscribed and sworn to (or affirmed) before me on —(date) Bny Cl.t]fi�qj& He/Sheis e!rsonalzykno—Wn-tpme or has produced as identification. (Type of ldenfifi- tion) NOTARY PUBLld--' My commission expires: 9, I'D C M U�Ft2 1"I D'ly F =j PROPO SAL FORM 00120- Pale 29 of 217 Pigeon Key Fire Suppression System Installation DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1 Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that Will be taken against employees for violations, of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenders to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five(5)days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that vlip firm complies fully with the above requirements. r's Signature Q1 Date" PROPOSALFORM 00120-Page 30 of 217 Pigeon Key Fire Suppression System Installation LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance 023-2009,as amended by Ordinance No. 004-2015 and 025-2015, must complete this form. Name of Bidder/Responder_6;tA�-' Date: AA—o---4--Za 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one (1) year prior to the notice of request for bids or proposals? (Please furnish copy.) 2. Does the vendor have a physical business address located within Monroe County from which the vendor operates or performs business on a day to day basis that is a substantial component of the goods or services being offered to Monroe County? (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one(1)year prior to the notice of request for bid or proposal.) List Address: (G(/66 -inly Nobd5-7?0(ta Telephone Number: B. Does the vendor/prime contractor intend to subcontract 50%or more of the goods, service or 1 construction to local businesses meeting the criteria above as to licensing and location? 0 If yes, please provide: 1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one(1)year prior to the notice or request for bid or proposal. 2. Subcontractors physical business address within Monroe County from which the subcontractor operates, (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one(1)year prior to the notice of request for bids or proposals) Tel.Number-105-: ' , "�O _ Address n cam Print Name. - cell"cewityze— !' ure W d Title of Authofized Signatory for BidderlRe under STATE OF COUNTY OF 6h d 2 , before 9, heundersignedo y pubic,tar the person whose name is aacknowledged W g t '!k�own to to e of n b arsons above who a m ti I ti t —t ' d rca on and k ed ed a subscribed a ve or aced s idene hat he/she is the person who executed the above Local Preference Form e purposes therein contained. My commission expires: n 11 3Z� Print Name KtWSA C.MUIR tkinivilmOFFM572 ExoroaJ2020 PROPOSI FORM - 00120-Page 31 of 217 r%a Pigeon Key Fire Suppression System Installation PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR 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, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." A I have read the above and state that neither 1 614 indl zz-?" I&Vt Is (Proposer's name) nor any Affiliate has been placed on tAe convicted vendor lis(within A last thirty-six (36)n ths. (Signat I re) Date: t STATE OF: COUNTYOF: ry)Gh&'te_ Subscribed and sworn to (or affirmed) before me on the I —day of- Zily 201'� by name of afflant). He/She ioferson;ally p: known to me or has prodluced p identification)as identification. My Commission Expire.& MARISUC.MUIR 'CommMMIFFIN572 �N OT IC PROPOSALFORM 00120-Page 32 of 217 'r""Igeon Key Fire r iInstallation VENDOR CERTIFIC ATION REGARDING SCRUTINIZED COMPANIES LIST Project Cescription(s): , V . S f Respondent Vendor Name: r Vendor FEIN: __45�: 0 ` Repre ntative N e and Title: i� i en or s Aut n d Address: J02%cc city: State: Zip: Phone Number Email Address: e .Section 287.135, Florida 'Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.13 , Florida Statutes, also prohibits a company from bidding on, submitting a proposal for,, or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 216.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name"is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria, I understand that pursuant to 'Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attoey`s fees, and/or costs. l further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By: - _ ,who is authorized to sign on behalf of the above r erence' mpany. Authorized Signature: Print Name: Title: Note:The List are available at the following Department of Management Services Site: httD:/IWWW,dmp.m orida. busines ODerationgistate urchasin /vendor info ation/convicted sus ended discriminaLgEy COMDlaints vendor lists. PROP SAL FORM 00120-page 33 of 217 Pigeon Key Fire Suppression System Installation SUBCONTRACTOR LISTING FORM Division Subcontractor Contact Person Ph#w/areacode Fax: Cefl,", Address V-7 PROPO SAL FORM 00120-Page 34 of 217 Pilgeon Key Fire Suppression System Installation 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 Worker's Compensation Jones Act $1,000,000 Combined Single Limit General Liability, including $1,000,000 Combined Single Limit Premises Operations 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: $500,000 per Person $1,000,000 per Occurrence $100,000 Property Damage Watercraft Liability Insurance $1,000,000 Combined Single Limit 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 @ any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any It" of injury (including death), loss, damage, fine, penalty or business interruption, and (Ii) 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 inviltees during the to 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) Cont toes 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 42 of 217 Pigeon Key Fire Suppression System Installation or circumstances that occur during the to of this Agreement, this section will survive the expiration of the to of this Agreement or arty 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 ands cifi tions 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 c4aim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Contractor is fort indemnification provided for the above, The extent of liability is In no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this AGREEMENT. PROPOSEF?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 indemnificati and hold harmless and duty ccep,thein mn,,,m and , to defend as set out in this proposal. ------------- :,-a,r ?1lu, Mho e L? - PROPOSER Signature INSURANCE REQUIREMENTS AND FORMS 00130-Page 43 of 217 Client#: 66814 GARPL DATE(MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1 8/21/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Amanda Lisenbey Acrisure dba Gulfshore Ins-SF PHONE 239 659-8867 FAX 239 213-2803 4100 Goodlette Rd N -MA Lo,Ext: (A/c,No): ADDRESS: alisenbey@gulfshoreinsurance.com Naples, FL 34103 INSURER(S)AFFORDING COVERAGE NAIC# 239 261-3646 INSURER ASecurity National Insurance Company 33120 INSURED INSURER B:Commerce&Industry 19410 Gary's Plumbing and Fire, Inc. INSURER C Old Dominion insurance Company 40231 6409 2nd Terrace, Suite 1 INSURER D Key West, FL 33040 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A GENERAL LIABILITY X X SES134008904 08/13/2020 08/13/2021 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISESO,occur°nce $100,000 CLAIMS-MADE Fx_]OCCUR MED EXP(Any one person) $5,000 X BI/PD Ded:2,500 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY FX PRO LOC $ JECT C AUTOMOBILE LIABILITY X X B1 P3439D 08/13/2020 08/13/2021 (CEO,accc S iden INGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALLOWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident B UMBRELLA LIAB X OCCUR BE068430198 08/13/2020 08/13/2021 EACH OCCURRENCE $2 000 000 X EXCESS LIAB CLAIMS-MADE ISK AGGREGATE s2,000,000 DED RETENTION$ - •. $ WORKERS COMPENSATION '�+ 'w, - Tv RY LIMITS EORH AND EMPLOYERS'LIABILITY - ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N 9/H/2 O 2 O E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under WAAW DESCRIPTION OF OPERATIONS belowme. E.L.DISEASE-POLICY LIMIT $ GL & AL cove age on y DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Monroe County Board Of County Commissioners is included as Additional Insured on a primary and noncontributory basis with regards to General Liability only as required by written contract per form CG2033 0704&NXGL009 0809, includes ongoing and completed operations, per form CG2037 0704,Waiver of Subrogation in favor of Additional Insured(s)per form CG2404 0509.Additional Insured in regards to Auto Liability only as required by written contract per form 64K290 1018, including Waiver of Subrogation. Umbrella follows forms. CERTIFICATE HOLDER CANCELLATION Monroe County Board Of Count SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 2798 Overseas Hwy, Ste 300 Marathon, FL 33050 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S1595793/M1592001 AHL18 ACo® CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DD/YYYY) 9/8/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Amanda Harvin PGI of West Central Florida,LLC PHONE 941-242-9619 PHONE Ext): (A/C,No): 941-242-9621 3809 E SR 64 ADDRESS: amanda@pgiofwestcentralflorida.com INSURER(S)AFFORDING COVERAGE NAIC# Bradenton FL 34208 INSURERA: Bridgefield Employers Insurance Company 10701 INSURED INSURER B Gary's Plumbing and Fire,Inc INSURER C: 6409 2nd Terrace INSURER D: Ste 1 INSURER E: Key West FL 33040 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PE� LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY .; $ , (Ea accident) ANY AUTO ,9 - „�, BODILY INJURY(Per person) $ ALL OWNED SCAUTOS HEDULED AUTOS BODILY INJURY(Per accident) $ .��:,�- 6 ,- NON-OWNED $ HIRED AUTOS AUTOS 9/2 2/2 0 2 um..,,--m, (Per accident) UMBRELLA LAB WAW + — OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X STATUTE ER ER FH- AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBER EXCLUDED? ❑N N/A Y 830-52315 2/6/2020 2/6/2021 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) A Waiver of Subrogation is in favor of Monroe County Board of County Commissioners in regards to Workers Compensation. USL&H$1,000,000 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Board of County Commissioners 2798 Overseas Highway AUTHORIZED REPRESENTATIVE Suite 300 Marathon FL 33050 { p rr @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD r-3/20/2020 TE(MMIDDIYYYY) All CCO" CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Alina Chia o NAME: pp FA NSI Insurance Group AIONN Ext. (305)556-1488 AIC No: (305)556-3680 8181 Northwest 154th Suite 230 E-MAIL ADDRESS: g'alina@rmi us INSURER(S)AFFORDING COVERAGE NAIC# Miami Lakes FL 33016 INSURERA:Great Lakes Reinsurance (UK) Grlake INSURED INSURER B Paradise Divers Inc. INSURERC: INSURER D 31243 Ave E INSURERE: Big Pine Key FL 33043 INSURERF: COVERAGES CERTIFICATE NUMBER:CL1622511152 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MMIDDIYYYY MMIDDIYYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE OCCUR PREMI DAMAGE REMISES RENTED PREMISESS Ea occurrence) ccurrence) $ X Incl Passenger Liability X CSRYP/180857 2/23/2020 2/23/2021 MED EXP(Any one person) $ X Incl Crew Liability PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 1,000,000 POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: Uninsured Boaters Liabitliy $ 100,000 AUTOMOBILE LIABILITY C Ea OMaccidentBINED SINGLE LIMIT $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCAUTOS HEDULED AUTOS - BODILY INJURY(Per accident) $ r. ) � NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS Q `'I Per accident $ _ - UMBRELLA LAB OCCUR 1 O/1/2 O 2 O EACH OCCURRENCE $ . - EXCESS LAB CLAIMS-MADE DATE - AGGREGATE $ DED RETENTION$ WOW �- $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1987 30" Island Hopper Hull value 45,000 "Paradise Sea Diver" -7 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Dive boat operation located at 1 Knights Key Blvd, Marathon, FL and 1240 Overseas Hwy, Marathon FL Hull $45,000; Ded $3,150, W/S Ded $6,300, Towing $500, P&I $1,000,000; Ded $2,500, Crew Liability $1,000,000; Ded $2,500, Passenger Liability $1,000,000; Ded $2,500, Pollution $1,000,000; Ded $2,500, Medical Payments $10,000; Ded $100, Uninsured Boater $100,000 ADDITIONAL INSURED CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County BOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1100 Simonton Street ACCORDANCE WITH THE POLICY PROVISIONS. Key West, FL 33040 AUTHORIZED REPRESENTATIVE Oscar Seikaly/ALINAS� `" S ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) Westfield Insurance Company Westfield Center, Ohio 44251-5001 Bond No. 065222X AIA DocumentA312 Payment Bond Any singular reference to Contractor, Surety, owner or other party shall be conddered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business): Gin v s PlunbiiiV&Fes,Inc. Westfield Insurance Company 6409 2nd Teri=Suito 1 1 Park Circle PO Box$001 Westfield Center,Ohio 44261-6001 Kcy Wesi,FL 33040 Doc#2279777 Bk#3041 Pg#837 OWNER(Name and Address): Recorded 9,11 1020 11.08 AM Page I of 8 Mouroo County Board of Co' ily CominfAsionm 5W Whitehond Atrout Filed and Recorded in Official Records of Kuy Wesi,FL 33040 MONROE COUNTY KEVLN1 MADOK,CPA CONSTRUTlust 5?A1 0 Amount:Four Hundred Sixty Fight Thowund&ON100 Dollars($468,0m.00) Description(Name and LoDation): Pi goon Key Firc Suppi-cssionSymcni Installation BOND Date(Not earlier than Conetruction Contract Date);Atigust 24,2020 Amount:EMIL 1iL1nd1UJ'JiXLv hiLdLt'l lwusurid&001100 Dulluj%($468,WU.00) Modifications to this on [3 None see Page 6 CONTRACTOR AS PRI CIPAL SURETY All P I LCI'PAr�i'* Company; Gon'iq Plum, j Fire.Tito, Compvny; Westfield Insurance Company (Corporate$eel) {car to*VVI) S Ite I,ignature: 819naturs: Name and Title.,'#a anti , President Name end Title: Ailhiv K.Broder..A#ent&Atorte}-in-Foct (Any additional signatures appear on page 6) (FOR INFORMATION ONLY—Name.Address end Telephone) AGENT or BROKER; Owner's Representative(Architect,Engineer or of party): Broder&Company n1a 6191 Orange Mitt.#6159E Davie,FL 33314 (954)584-3002 AJA DOCUMENT A312 v PER MAN BOND AND PAYMENT BOND a DECEMBER 1W4 ED.-AIA t PR44TED IN COOPERATION WTH THE AMMICAN INSTITUTE OF ARCHITECTS 173514eNYORK AVE H INGTON,D 0.2M A312-1984 4 OD 8971 M(01.0) I The Contractor and the Surety, jointly and severally, 5 If a notice required by Paragraph 4 Is given by the bind thamseVes, their heirs, executors, administrators, Owner to the Contractor or to the Surety, that is suocessors and assigns to the Owner to pay for labor, sufficient compliance. matorials. and equipment furnished for uta In the 6 Whom the Claimant hat satisfied the conditions of performance of the Construction Contract, which is Paragraph 4, the Surety 0all promptly and at the Surety's Incorporated herein by reference. expense take the following actions: 2 With respect to the Owner, this obligation shall be null 6.1 Send an answer to the Claimant, with a copy to and void fifth e Contractor; the Owner, within 45 days after receipt of the 2.1 Promptly makes payment, directly or indirectly, claim, stating the amounts that are undisputed for all sums due Claimants, and and the basis for challenging any amounts that 2.2 Defends, Indemnities and holds harmloas the are disputed. Owner from claims, derri and% liens or auks by 6.2 Pay or arrange for payment of any undisputed any person or entity whose claim, demand, lion amounts. or suit is for the payment for labor, materials or 7 The Surety's total obligation shall not exceed the equipment furnished for use In the performance amount of this Bond, and the amount of this Bond shall of the Construction Contract, provided the Owner be credited for any payments made In good faith by the has promptly notified the Contractor and the Surety. Surety (at the address described In Paragraph 8 Amounts owed by the Owner to the Controgtor under 12) of any claims, demands. liens or suits and the Construction Contract shall be used for the tendered defense of such claims. demands, lions performance of the Construction Contract and to satisfy or suits to the Contractor and the Surety, and claims, If any, under any Construction Performance Bond. provided there Is no Owner Default By the Contractor furnishing and the Owner accepting this 3. With respect to Claimants, this obligation shall be null Bond,they agree that all funds earned by the Contractor In and void if the Contractor promptly makes payment,directly the performance of the Construdon Contract are dedicated or indirectly,for all sums due. to satisfy obligations of the Contractor and the Gurety under 4. The Surety shall have no obligation to Claimants under this Bond, subject to the Owner's priority to use the funds this Bond until: for the completion of the work. Cl Claimants who are arriplayed by or have a direct 9 The Surety shall not be liable to the Owner, Claimants contract with the Contractor have given notice to or others for obligations of the Contractor that are unrelated the Surety (at the address described in to the Construction Contract. The Owner shall not be liable Paragraph 12)and sent a copy, or notes thereof, for payment of any costs or expenses of any Claimant to the Owner, stating that a claim Is being made under this Bond, end shall have under this Bond no under this Bond and, with substantial accuracy, obligations to make payments to, give notices on behalf of, the amount of the claim. or otherwise have obligations to Claimants under this on 4.2 Claimants who do not have a direct contract with 10 The Surety hereby waives notice of any change, the Contractor including changes of time, to the Construction Contract or .1 Have furnished written notice to the to related subcontracts, purchase orders and other Contractor and sent a copy, or notice thereof, obligations. to the Owner, within 90 days after having last il No suit or action shall be commenced by a Claimant performed labor or lout furnished materials or under this Bond other than In a court of competent equipment included in the otaim stating, with jurisdiction In the location In which the work or part of the substantial accuracy,the amount of the claim work Is located or after the expiration of one year from the and then of the party to whom the date(1)on which the Claimant gave the notice required by materials were furnished or supplied or for Subparagraph 4.1 or Clause 4.2 (111), or (2) an which the whom the labor was done or performed,and last labor or service was performed by anyone or the last .2 Have either received a rejection in whole or In materials or equipment were furnished by anyone under part from the Contractor, or not received the Construction Contract, whichever of (1) or (2) first within 30 days of furnishing the above notice occurs. If the provisions of this Paragraph are void or any communication from the Contractor by prohibited by law. the minimum period of limitation which the Contractor has Indicated the claim available to sureties as a defemse In the jurisdiction of the will be paid directly or Indirectly;and suit shall be applicable. .3 Not having been paid within the above 30 112 Notice to the Surety,the Owner or the Contractor shall days, have vent a written notice to the Surety be mallea or deirvered to the address shown on the (at the address described In Paragraph 12) signature page. Actual receipt of notice by Surety, the and sent a copy, or notice thereof, to the Owner or the Contractor, however accomplished, shall be Owner, wtatin o that a claim Is being made sufficient compliance 22 of the date received at the address under this Bond and enclosing a copy of the shown an the signature pagc previous written notice furnished to the 13 When this on hoe been furnished to comply with a Contractor 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 AJA DOCUMENT A312-PERFORMANCE BOND AND PAYMENT ND.DECEMBER 1984 ED.-AIA C, PAWTED IN COOPERATION WTH THE AMMICAN INSTITUTE OF ARCHITECTS 173614eNPORK AVE N W,WASHINGTON,D O.2im A31124984 8 1313 5971 M(01-081 shall be deemed deleted herafromand provisions or rental equipment used In theConstruction Contract, conforming u statutory or other legal requirement rc l ur i and engineeringr e s required r shell be deemed Incorporated herein. The intent Is that this performance of the work of the Contractor and the Bond It ll be construed s a statutory and and not as a Cotr or subcontractors, d all other Items for common law bond, which a mechanic'e lion may be aseertedIn th 14 Upon request y any person or entity p e do to be jurisdiction er the labor, materials or equipment potential beneficiary of this Bond, the Contractor shall were furnished, promptly i h a copy of this Bond or shall permit a copy 16.2 Construction ant agreement between to be made. the Owner and the Contractor identified an the signature pag , Including II Contract Documents 15 DEFINITIONSchanges thereto. 15.1 Claimant: An IndiVidual at entity having i r Default: Failure Owner, which has contract with the Contractor or with a subcontractor of neither been remedied nor waived, to pay the the Contractor to flumish labor; materials or equipment Contractor as required by the Construction Contract or r use in the performance of tha Contract. The intent to performn complete or comply with the other terms of this and shall be to Include without limitation In the thereof, terms'labor, materials orequipment' part of water, s, power, light, hoot, oil, gasoline, telephone service MODIFICATIONS } This n Is modifiedIn socardance withRider entitled "A312Rider" attached hereton ll Incorporated I ® Pmvisions and LhWhitifions of FloAdaStatute 255.05 aTe hereto y incorporated lierein. (Space Is rovi a below for additional signatures of added parties,other then those appearingan the cover page.) CONTRACTOR AS PRI CIP L SURETY Company,. Company: (Corporate Beal) (Corporate Seal) l ntuSignature, Name and Title; Name and Till Address: Address, A MENT f s PERFORMANCE BOND AND PAYMENT BOND&DeCEMSER 1084 ED.a AIA T' PWNTEDIN COOPERATION VATH THE A ICAN INMUM OF ARCHITECTS.17351,RRV YORKA NW WAWNGTON,DO2M# 00 597t ( 1 ) WestfieldWestfield Insurance Company Insurance 1 Park Circle, PO Box 5001 Westfield Center, Ohio 44251- 1 Bond# 522 A312 PAYMENT BOND RIDER This rider amends the provisions1 nt Bond as follows: Paragraph is deletedin its entirety. Paragraphis deletedin its entiretyI i following. 6. n the Suretyreceived i required In r raph 4 above, the Surety shall take the following action; .1) Send an acknowledgment letter to the claimant, with a copy to the Owner, requesting Information an a n i n necessary to Investigate the ct 1 . . } As soon as reasonably ti I under all circumstances, and after having received the requested nt ti o from the claimant, including a pt y executed Affidavit Claim, i claimant of the status of the cla No provision of this bond Shall be interpreted !v r discharge any right or defense of the Surety r the Contractor. No actiont failure to act by the Suretyr the Contractor shall be consideredi i liability r a waiver of the Contractor orSurety's t t dispute a claimIn wholeor In . BD 971 A i1 8p General POWER NO. 0992212 00 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio .................... ............. Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, Corporations, hereinafter referred to irldhvidually as a and callactively as 'Companies,' duly organized and existing under the laws of the State of Ohio, and having its principal office in Zsmvileair"C"enler, MetEria County, Ohio, do by these Presents make, constitute and appoint A HUR K. BRODER, MICHAEL P. BRODER,JOINTLY OR SEVERALLY of DAME and State o'� FIL Its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other Instruments or contracts at Suretyship- - - - - - - - - - - - -- - - - - - - -- -- - - -- - - - - LIMITATION, THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE MARMUM OR BANK DEPOSITORY BONDS, and to bind any of the Cb-panies I',,ere by as fully and to the same extent as it such bonds were signed by live President, sealed walla thee. corporate seal of the applicable Company and out attested by its Secretary, hereby ratifying and confirming all that the said Altorn By(s)-in-Fact may do in the premises. Said appointment is made under and b authority of the followin resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY,WESTFIELD NATIaNAL INSURANCE. COMPA%Y and OHIO FARMERS iNSURANCE COMPANY. 'Be It Resolved,that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and Is hereby vested with full power and authority to appoint any one or more suitable persons as Allorn e y(s)-ht-Fact to represent and act for and on behalf at the Company subtect to the followin provisions! The Attorney-err-Fact. may be given full power any authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver, any and all bonds, recognIzances, contracts, agreements of liridernnity and other conditional or obligatory undertakings and any and oil notices and dticumeftts canceling or ieripiriating the"Cornpany's liability therounder, and arry such instruments so executed by any such Attorney-in-Fact shall be as b riding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary.' `Be it Further Resolved, that tire signature of any such designated person and the seat 01the Company heretofore or hereafter affixed to any power of alloiney or any rerlificate relating thereto by facsimile, and any p weer of a�Iri,sre, -�r certificate bearing lacsirnfle signatures or facsinrle seal shall be valid and binding upon the Company win respect to any bond or underyl akin to which it Is attached.' (Each adopted at a meeting held on Februa f 8,2000 In withiess Zraof, L-STFIELD,INSURANCE COMPANY, WESTFIELD NATION INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be harsito affixed this 21st day of MARCH A. D,, 2014 . Corporate WESTFIELD INSURANCE COMPANY Seals . ..... Yv 0- WESTFIELD NATIONAL INSURANCE COMPANY % OHIO FARMERS INSURANCE COMPANY '0 SEAL SEAL) 0 kl% IS 4-8 By: State of Ohio Dennis P. Baus, National Surety LtradeP and County of Medina M: Senior Executive On this 21st day of MARCH A.D.,2014 , before me personally came Dennis P. Baus to me known, who, Doing by me duly sworn, did depose and sax, that he resides in Wooster, Ohio; that he is National Surety Leader and Senior ExecurtivNof WESTFIELD INSURANCE COMPANY, WESTFIELD NAVONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the carrippinef; described in and which executed the above instrument;that he knows the seals of said Companies;that the seals affixed to said Instrument are such corporate seals;that they were so affixed by order of [lie Boards of Mroulars of said Companies, and that he signed his name thereto by like order. Nita c-M Seal Affixed 4W David A. Kotrilk, Attorney at Law, Notary Public County of ed;na s S.: % State of Ohio , 0 My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) M A ,97, 0 0 im®AdeSeoatae1, Frank A. Carrion, Secretary of WEST F I E LO INSURANCE CO M PANY,WEST Fl E UD N ATI 0 NA L INSURANCE C 0 M PA NY and 0 H 10 FARM ERS INSURANC (-CIMPANY &: lierrijy certify 1;,raa the above and loregounq is a true and correct copy of a Plower of Attorney, executed by said Companies, which Is still in full force and effect; and furthermore,the resoiutlons of the Boards of Directors, slot out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Centel, Dhka, this �Ary of ORA#,S rim NO SEAL M S EAL d4U,--,0 saaw"y 184 Frank A. Carrino, Secretary BPOAC2 (combined) (06-02) Westfield Insurance Company Westfield Center, Ohio 44251-5001 Bond No.065222X AIA Dooment A312 Performance Bond Any singular reference to Contractor,Surety, owner or other party shell be considered plural where applicable, CONTRACTOR(Name and Address): SIt Y Mimp and Prinninal PIRVIA of RHAInARRV Gory's Plijm bin p&Fire.Inc, Weratfield Insurance Company I Park Circle PO Box 5001 Westfield Center,Ohio 44251-5001 6409 2nd Terrace-Sifite I Kcy Wost,Fl.33040 OWNER(Name and Address)! Mtrnwe CounLy Hourd o r County Cornmimh)w-s 500 Whiteliend Street K cy Wcst,F 1.3.3040 CONSTRUCTION CONTRACT Deft,August 11),2020 Amount: FOUr Htnidmd Sixtv killhiThousund&00/100 Dollurt,;($4614,W00)) Description(Name and Locition : Pigeon Key Fire Suppression Si stem Installation BOND to(Not earlier then Construction Contract Date):Augwl 24,2020 Amount Four Rmidred Sixth,Eight Tliousand&00/100 DolInts($468,000.00 Modification%to this Bond: a None 13,9ee Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: . ..... Company: Westfield Insurance Company (corporate seal) (corporate seat) Signatury Signature: Name and Title C tuy le I/jone., FroAlamut Name and Title,.Arihur K. HnW LT,Agm Au t tinicy.It. WL - al L i!Any eddy onalsla atures aapear on page 31 (FOR INFORMATION ONLY—Name,Address and Telephone) AGENT or BROKER: Owner's Repry sentah've(Archilect,Engineer or her pstfy)., Bmder&company IV11 6191 0m1ge Drive.06159E Davie.FL 33314 (954)504-1002 AIA DOCUMENT A512*PERFORMANOR BOND ANOFAVMMNTMND a 09=001IR IBM ED.-AJA* PRINTED IN COOPERAI ION VAIH THE!AMEIRICANNS1 I UTE OF ARCHITECTS,173SHeNYORKAVE,NW,WASHINGTON,V,C.2MW- A3124984 I THIRD PAINTING*MARtH 1107 BO 6971 M(01--'008) I The Contractor and the Surety, jointly and severally, soon as practicable after the amount Is bind themselves, their heirs, oxscutors, adminis tract tor@, determined, tender payment therefor to the successors and assigns to the Owner for the performance Owner or of the Construction Contract, which Is incorporated herein A Deny liability in whole or In part and notify the by reference, Owner citing reasons therefor. 2 If the Contractor performs the Construction Contract, 5 If the Surety does not proceed as provided In the Surety and the Contravtor shall have no obligation Paragraph 4 with reasonable promptness, the Surety @hall under this Bond, except to participate in conferences as be deemed to be Indefault on this Bond fifteen days after provided In Subparagraph V. receipt of an add Itional written notice from the Owner to the 3 If lhers Is no Owner Default, the Surety's obligation Surety demanding that the Surety perform Its obligations underthis Bond shall arise after under this on , and the Owner shall be entitled to enforce 3.1 The Owner has notified the Contractor and the any remedy available to the Owner. If the Surety proceeds Surety at Its address described In Paragraph 10 below as ptovided In Subparagraph 4.4, and the Owner refuses that the Owner Is considering declaring a Contractor the payment tendered or the Surety has denied liability, In Default and has requested and attempted to arrange a whole or In part, without fluTther notice the Owner shell be conference with the Contractor and the Surety to be entitled to enforce any remedy available to the Owner. held not later then fifteen days after receipt of such 8 After the Owner has terminated the Contractor's right notice to discuss methods of performing the to complete the Construction Contract, and If the Surety Construction Contract. If the Owner.,the Contractor and elects to act under Gubparagreph 4.1, 4,2, or 4.3 above, the Surety agree, the Contractor shall be allowed a then the responsibilities of the Surety to the Owner shall reasonable i1rne to perform the Construction Contract, not be greater then those of the Contractor under the but such an agreement shall not waive the Owners Construction Contract, and the responsibilities of the right, If any, subsequently to declare a Contractor Owner to the Surety shall not be greater then those of the Defauft-and Owner under the Construction Contract. To the limit of the 3.2 The Owner has declared a Contractor Default and amount of this on but subject to commitment by the formally terminated the Contractor's right to complete Owner of the Balance of the Contract Price to mitigation of the contract. Such Contractor Default shall not be costs and damages on the Construction Contract, the declared earlier then twenty days after the Contractor Surety is obligated out duplication for and the Surety have received notice as provided In 6.1 The responsibilities of the Contractor for correction Subparagraph 3,11;and of detective work and completion of the Construction 3.3 The Owner has agreed to pay the Balance of the Contract, Contract Price to the Surety Ina wfth the 6.2 Additional legal,design professional and delay terms of the Construction Contract or to a contractor costs result!In from the Con ors Default,and selscted to perform the Construction Contract In resin g from the actions or failure to act of the Surety accordance with the terms of the contract with the under Paragraph 4; and Owner. 6.3 Liquidated damages,or If no liquidated damages 4 When the Owner has satisfisd the conditions of are specified In the Consiruction Contract,actual Paragraph 3, the Surety shall promptly and at the Surety's damages caused by delayed performance or expense take one of the following actions! nonperformance of the Contractor. 4.1 Arrange for the Contractor, with consent of the 7' The Surety shall not be liable to the owner or others owner, to perform and complete the Construction for obligations of the Contractor that are unrelated to the Contract:or Construction Contract, and the Balance of the Contract 4.2 Undertake to perform and complete the Price shall not be reduced ors off on account of any such Construction Contract itself, through Its agents or unrelated obligations, No right of action shall accrue on through Independent contractors', or this Bond to any person or entity other than the Owner or 4.3 Obtain bids or negotiated proposals from qualified its heirs,executors,administrators or successors. contractors acceptable to the Owner for a contract for 0 The Surety hereby waives notice of any change, performance and completion of the Construction Including changes of time, to the Construction Contract or Contract, arrange for a contract to be prepared for to related subcontracts, purchase orders and other execution by the Owner and the contractor selected obligations. with the Owners concurrence, to be secured with 9 Any proceeding, legal or equitable, under this Bond performance and payment bonds executed by a may be Instituted In any court of competent jurisdiction In qualified surety equivalent to the bonds Issued on the the location In is the work or part of the work 15 located Construction contract, and pay to the Owner the and shall be Instituted within two years after Contractor DMOLInt Of damaigas as described in Paragraph 8 In Default or within two years after the Contractor ceased excess of the Balance of the Contract Price Incurred by working or within two years after the Surety refuses or falls the Owner resu in from the Contractors default:or to perform Its obligations under this Bond, vAlithavar 4.4 Waive its right to perform and complete, arrange occurs first. If the provisions of this Paragraph are void or for completion, or obtain a new contractor and with prohibited by low, the minimum period of limitation reasonable promptness under the circumstances, available to sureties as a defense In the jurisdiction of the .1 After Investigation, detenrnine the amount for suit shall be applicable. which it may be liable to the Owner and, as AIA DOCUMENT AIII12 a PERFORMANCE BOND AND PAYMENT BONO a 0KCRIVIGER 1934 90-.VA PRINTED IN COOPERANON Vin N THE AMERICAN INGI 11 LITE OF ARCHITECTA 1735 NEW YORK AVE.N W,WASHINGTON,D.C.20M- A312-1984 2 THIRD PRINTING*MARCH 11W 00 6971M(01-20DO) 10 Notice to the Surety,the r or the Contractor shall b ft Owner in settlement of insurance or other be mailed or delivered to the address shown on the c(sims for damages to which the Contractor is entitled, signature page, reduced II valid and proper payments made to or 11 When this Bonds been rnish d to comply with a on behalf of the Contractor under the Construction statutory or other legal requirement in the location where Contract. the construction was to be performed, any provlMon in this 12.2 Construction Contract, The r between Bond conflicting with sold tuto or legel requirement the Owner and the Contractor Identified on the shall be deemed deleted herelfrom and provisions signature page, Including all Contract Documents and conforming u statutory or other legal requirement changes reo. shall be doomed Incorporated her in. The intent Is that this 12.3 Contractor Default; Failure of the Contractor, Bond shall be construed as a statutory bond and not as a which has neither been remedied nor waived, to common low bond, perform or othoWas to comply with the tarms of the 12 DEFINITIONSo ru on Contract, 12.1 k nce of the Contract Price: The total amount 12A owner Delautt Failure of the Owner,which has payable by the Owner to the Contractor under the neither n remedied nor waived, to pay the Construction Contract after all proper adjustments Contractor as required the Construction Contract or have been made, Including allowance to the to performcomplete or comply with the other Contractor of any amounts received or to be received ter s thereof. MODIFICATIONS TO THIS (Space Is provided below for additional signature&of addedparties,other than those appearing on the cover e. CONTRACTOR AS PRINCIPAL SU T`f Company: Company. (Corporate sal) (Corporate Seel) Signature! Signature: Name and Title; Name and : Address; Address IA DOCUMENT A512 a PERFORMANOESM40AND PAYMMW BOND m OMCAMPR IN4 ED.•AIA* PRINTED IN COOPERATONWIM THE AMERICAN IN51NUTff 0PARCMITeMS,1735 NEWYORK AVE,N w,wA ' TON.D.C. * ®1 THIRD PRINTINO I MARCH 1 90 6971 M( 1® )