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09/16/2020 Agreement
' Kevin Madok, CPA .�;;'..' Clerk of the Circuit Court & Comptroller — Monroe County, Florida DATE: November 10, 2020 TO: Brearme Erickson, Contract Administrator Project Management FROM: Pamela G. HancC. SUBJECT: September 16' BOCC Meeting Attached is an electronic copy of die following item for your handling: C6 Agreement widr D.I.. Porter Constructors, Inc. in die arnountof $175,492.00 for die Demolition and Asbestos, Lead, and Mold Abatement Project at the Historic Monroe County Jail in Jackson Square.'I'he project is funded by grants from die TDC and die Division of Historical Resources. Should you have any questions please feel free to contact tire at (305) 292-3550. ce County Attorney Finance File KEY WEST MARATHON 500 Whitehead Street 3117 overseas Highway Key West, Florida 33040 Marathon, Florida 33050 305-294-4641 305-289-6027 PLANTATION KEY 88820 overseas Highway Plantation Key, Florida 33070 305-852-7145 PWROTH BUILDING 50 High Point Road Plantation Key, Flonda 33070 305-852-7145 Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the 1611 day of September 2020 BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 And the Contractor: D. L. Porter Constructors, Inc. 6574 Palmer Park Circle Sarasota, Florida 34238 For the following Project: MONROE COUNTY HISTORIC JAIL DEMOLITION AND ASBESTOS, LEAD, AND MOLD ABATEMENT Scope of the Work The Scope of Work shall include, but not be limited to, all work shown and listed in the Project Drawings and Specifications. The Contractor is required to provide a complete job as contemplated by the drawings and specifications, which are a part of this bid package. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies, permits and any other means of construction necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. Monroe County Historic Jail Demolition and Asbestos, Lead, and Mold Abatement The Scope of Work for this project includes selective demolition along with the removal, mitigation, and abatement of all asbestos, lead based paint, and mold in the Monroe County Historic Jail at Jackson Square. The work of this project involves a significant historic site and care is to be taken during demolition. Contractor is advised of the presence of lead contaminated coatings on interior painted surfaces at this facility. The intention of this project is to remove the loose peeling paint on painted interior surfaces, and then encapsulate the exposed painted surfaces with a lead barrier coating. Paint chips generated from removing the loose peeling paint shall be contained and properly disposed of accordingly. Contractor shall comply with the OSHA Lead in Construction Standard, when impacting painted surfaces as well as the LCC Work Page 1 of 18 Practices Specification contained in this solicitation. Contractor is advised of the presence of asbestos containing materials used on the existing roof. While asbestos containing material is not expected to be impacted, the Contractor shall take all precautions to protect personnel from exposure to asbestos containing materials during this project. All work activities must be undertaken with sufficient care to protect this historic resource and must be supervised by personnel who are familiar with the Secretary of Interior's Standards for Rehabilitation. No historic materials shall be removed from the site without prior approval of architect. Acquire all necessary permits. Include as a part of the contractor bid the cost responsibility for any and all permit fees. Contractor shall supply all of the needed materials and hardware to complete the project and properly dispose of debris. 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 3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the Owner. The Contractor shall achieve Substantial Completion of the entire Work not later than 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 contract or of specified phases of the contract shall be the calendar date or dates listed in the milestone schedule. Page 2of18 Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extensions in time as set forth by the Director of Project Management's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. FIRST SECOND 31ST DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under $50,000.00 $50.00/Day $100.00/Day $250.00/Day $50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day $100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day $500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. 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; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project; (each, 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 Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek additional time at no cost to the County as the Owner's Representative may determine. The Contractor may only seek a no cost Change Order for such reasonable time 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 One Hundred Seventy -Five Thousand Four Hundred Ninety -Two and 00/100 Dollars ($175,492.00), 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 ARTICLE 5 Progress Payments Page 3 of 18 5.1 Based upon Applications for Payment submitted by the Contractor to the Director of Project Management, and upon approval for payment issued by the Director of Project Management and Architect, the Owner shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents, 5.2 The period covered by each Application for payment shall be one (1) calendar month ending on the last day of the month, or as follows: 5.3 Payment will be made by the Owner, upon receipt of a proper invoice from the Contractor, in accordance with the Florida Local Government Prompt Payment Act, Section 218.735, Florida Statutes and Monroe County Code. The Contractor is to submit to the Owner invoices with supporting documentation that are acceptable to the Monroe County Office of Clerk and Comptroller (Clerk). Acceptability to the Clerk is based upon generally accepted accounting principles and such laws, rules and regulations as may govern the disbursal of funds by the Clerk. The Owner is exempt from sales and use taxes. A copy of the tax exemption certificate will be provided by the Owner upon request. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Director of Project Management may require. This schedule, unless objected to by the Director of Project Management, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of ten percent 10%. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be the net cost to the Owner, less Overhead, Profit and Documented Costs incurred prior to the change Request, as indicated in the corresponding line item in the Approved Schedule of Values for that line item as confirmed by the Director of Project Management. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage; Page 4 of 18 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions, 5.7 Retainage of ten percent (10%) will be withheld in accordance with Section 218.735 (8)(b), Florida Statutes. 5.8 Reduction or limitation of retainage, if any, shall be as follows: Monroe County is exempt from and not subject to Florida Statutes, Section 255.078, "Public Construction Retainage". Reduction or limitation of retainage, if any, shall be reduced incrementally at the discretion of and upon the approval of the Director of Project Management. ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor and the work has been accepted by the Owner except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment, and (2) a final approval for payment has been issued by the Director of Project Management. Such final payment shall be made by the Owner not more than twenty (20) days after the issuance of the final approval for payment. The following documents (samples in section 01027, Application for Payment) are required for Final Payment: (1) Application and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion (4) Contractor's Affidavit of Debts and Claims (5) Contractor's Affidavit of Release of Liens (6) Final Release of Lien (7) Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a common form (i.e. flash drive) of all the following, but not limited to: A. Project Record Documents (As Built Documents). B. Operating and maintenance data, instructions to the Owner's personnel. C. Warranties, bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Electronic copies of approved submittals. G. Evidence of payment and final release of liens and consent of surety to final Page 5 of 18 release (includes final release from all utilities and utility companies). ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. 7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities, of the General Conditions. 7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. 7.5 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids, proposals, or replies on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months following 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 ten (10) 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 term 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. 55.03, Florida Statutes, running from the date the monies were paid by the Owner. Right to Audit. Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including Page 6 of 18 proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner or 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 ten (10) years after Final Completion of the Project. 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 provision with a valid provision that comes as close as possible to the intent of the stricken provision. Page 7of18 d) Attorney's Fees and Costs. The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the non -prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. f) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of counsel. g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of the funding that effect the Project will be provided to each party. h) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of Paragraph j, Article 7.4 or Article 8 concerning termination or cancellation. i) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. j) Nondiscrimination/Equal Employment Opportunity. The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits Page 8 of 18 discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC § 12101 Note), as may be 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/Payment. The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. n) Ethics Cause/Employment or Retention of Former County Officers or Employees. Contractor warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Monroe County Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Monroe County Ordinance No. 020-1990. 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 Page 9 of 18 recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. o) Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. Page 10 of 18 (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470, BRADLEY-BRIAN a MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH STREET, SUITE 408, KEY WEST, FL 33040. p) 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. q) 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. r) 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 Page 11 of 18 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. s) Non -Reliance by Non -Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third - party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. t) 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. u) 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. v) 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. w) 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 Page 12 of 18 Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. DIVISION Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the State of Florida, Department of State, Division of Historical Resources, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Contract. x) Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. y) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that DBE's have the opportunity to compete and perform contracts. The County and Contractor and subcontractors shall not discriminate on the basis of race, color, national origin or sex in award and performance of contracts, entered pursuant to this Agreement. z) 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. Page 13 of 18 aa) Independent Contractor. At all times 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 or the Division of Historical Resources of the State of Florida. 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 or the Division of Historical Resources of the State of Florida. bb) The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U. S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. cc) E-Verify System. Beginning January 1, 2021, in accordance with F.S. 448.095, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of F.S. 448.095. dd) Entire 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 matter 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. ee) Florida Green Building Coalition Standards. Monroe County requires its buildings to conform to Florida Green Building Coalition standards. Special Conditions, if any are detailed in Section 00100 of the Project Manual for this Project. 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: D. L. Porter Constructors Inc. 6574 Palmer Park Circle Sarasota, Florida 34238 Page 14 of 18 Attn: Gary A. Loer, President For Owner: Director of Project Management Assistant County Administrator, PW & E 1100 Simonton St., Room 2-216 1100 Simonton St. Key West, Florida 33040 Key West, Florida 33040 7.8 The Contractor is also bound by the terms and conditions of the State -Funded Agreement between The State of Florida, Department of State, Division of Historical Resources and Monroe County Board of County Commissioners, Grant Number 20.h.sc.100.022 for the Project known as, "Monroe County Historic Jail". ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions. 8.2 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 parties 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 claim for violation of the County's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 8.5 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 the Contractor under this Agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract. The maximum amount due to Contractor shall not exceed the spending cap in this Agreement. Page 15 of 18 8.6 For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 8.7 For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. ARTICLE 9 Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: a) Drawings: A0.0, A0.1, A1.0, D1.1, D1.2, A1.1, A1.2, A2.1, A2.2, A3.1, A8.1, and A8.2 dated March 20, 2020. b) Project Manual: Specifications for Monroe County Historic Jail — Demolition and Asbestos, Lead, and Mold Abatement dated March 2020. 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Specifications and Drawings Dated March 2020. 9.1.4 The Addenda, if any, are as follows: Number Date # of Pages 1 August 18, 2020 6 This Agreement is entered into as of the day and year first written above and is executed in at least one (1) original copy. Page 16 of 18 by the Contractor must be by a person with authority to bind the entity. RE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED. Madok, Clerk Yo y CONTRACTOR'S Witnesses Attest: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: A M /Chairman CONTRACTOR: CONSTRUCTOF A Florida Profit C Contractor must provide two witnesses signatures Sigm Signature: (�n _/ _ - Print Print Name: Coleen Castagna Date: August 31, 2020 and Signature` 6 , )q) �I�I L/lU tiv�J Print Name: Kim McGinnis Date: August 31, 2020 President 0 oration - = o �� a - c A. Loe w c Date: August 31, 2020 Mpl♦ M CpOUNTTYY ATrORNB5 OFFGE PATal01AEABIE6 eAM A"8Y�tl12Tt2H0N1EY STATE OF FL-- , COUNTY OF SO,YQ�SO'�Q- On this, )L d� U5 20,-1Q before me, the updersigned notary pu";�y C)5* by means of Wphysical pres Ace or ❑ online, personally appeared l � Q LCCyF;"/2511-�' }r known to me to be the person whose name is subscribed above or who produced as identification, and acknowledged that he/she is the person who executed the above contract with Monroe County for the HISTORIC JAIL DEMOLITION AND ASBESTOS, LEAD, AND MOLD ABATM T P OJECTT fors the purposes therein contained. Notary Publi \IC1J7- 1u'FJf--f�� =5ffTAT7E0FFL0FUDA C Print Name .f<'�lvr1 �GU�Y'�r'i� DAn�eMy commission expires: V-Cb- I�u�a3 (Se Ee.E1 MRi Page 17 of 18 GENERAL REQUIREMENTS Where Project Management is Not a Constructor Section 00750 General Conditions Section 00970 Project Safety and Health Plan Section 00980 Contractor Quality Control Plan Section 0 10 15 Contractor's Use of the Premises Section 01027 Application for Payment Section 01030 Alternates Section 01040 Project Coordination Section 01045 Cutting and Patching Section 01050 Field Engineering Section 01200 Project Meetings Section 01301 Submittals Section 01310 Progress Schedules Section 01370 Schedule of Values Section 01385 Daily Construction Reports Section 01395 Request for Information — (RFI) Section 01410 Testing Laboratory Services Section 01421 Reference Standards and Definitions Section 01500 Temporary Facilities Section 01520 Construction Aids Section 01550 Access Roads and Parking Areas Section 01560 Temporary Controls Section 01590 Field Offices and Sheds Section 01595 Construction Cleaning Section 01600 Material and Equipment Section 01630 Post -Proposal Substitutions Section 01640 Product Handling Section 01700 Contract Closeout Section 01710 Final Cleaning Section 01720 Project Record Documents Section 01730 Operation and Maintenance Data Section 01740 Warranties Page 18 of 18 "M relam W M-1 1, Gary A. Loer - of the city,,,,_-- Sarasota according to law on my oath, and under penalty of perjury, depose and say that: of the firm of D.L. Porter Constructors, Inc. the proposer making the Proposal for the project described in the notice for calling for proposals for: Monroe County Historic Jail Demolition and Asbestos, Lead and Mold Abatement . .. ...... . ....... . and that I executed the said proposal with full authority 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 /I 5The stat - , nts cor i'ned in this affidavit are true and correct, and made with full knowled f 'id oject. n owled of id oj� August 25, 2020 ig a u of Prop n e of -op er) (Date) STATE OF: FLORIDA COUNTY OF: SARAaojA_.._ notarization, on August 25, 2020 (date) by Gary A. Loer, President (name of affiant). He/&n is personall a KIM NOTARY PUBLIC STATE OF FLORIDA NOGG 208456 (type of identification) as NOTARY PUBLlC Kim McGinnis PROP OSAL FORM 00120- Page 30 of 21 SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA D.L. Porter Constructors, Inc. (Company) LL 0.0. 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. 0101990. 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 fbll amount of any fee, commission, percentage, gift, pr consiftation paid to the former County officer or employee". STATE OF' FLORIDA Subscribed and sworn to (or affirmed) before me, by means of Fxl physical presence or El online notarization, on August 25, 2020 . date) by Gary A. Ever, President (name of affiant). Ha! Unis orsonaiiy known to me *tKk&c*mdv(xad (type of identification) as identification. KIM MCGINNIS NOTARY PUBLIC Kim McGinnis NOTARY PUBLIC STATE OF FLORIDA E A NO, 66 288456 My commission expires - February 24, 2023 My CYMMISSION EXPIRES FER 24,2- PROPOSALFORM 00 120- Page 31 of 218 IN] Z1111421 a 24:11MV1101"N 211 W WITHAT"Mi I The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: D.L. Porter Constructors, Inc. (Name of Business) Iru ris-nes a statement nOliTying employees le unlaw pensing; possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that wiill be taken against employees for violations of such, prohibition. 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 commod fties or contractual services that a re under proposal, the employee will abide by the terms of the statement and will notify the ernployer of any conviction of, or plea of guilty or nolo contendere 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 trhif',In n7l',6_/fully with the above requirements. August 25, 2020 Date Subscribed and sworn to (or affirmed) before me, by means of R1 physical presence or 0 online notarization, on __&ug, �date) by (name of affiant), He40t* is-p rsonaLknown to me §trxkR5t)W!R4W**� (type of identification) as identification. 10 V Ulf - Kim McGinnis NOTARY PUBLIC (SEAL) My commission expires: February_ 24,2023 PROPOSALFORM 00 120- Page 32 of 218 X414W311112NA"INA? 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 D.L. Porter Con struce orsj!1q,,,____ Date: Auctust 25, 2020 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? Yes "—,— (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 set -vices being offered to Monroe County? Yes (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: _1805 Stp A!es Ave., Suite 103, Key West, FIL 33040 Telephone Number: 05) 293-2931 F. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services or construction to local businesses meeting the criteria above as to licensing and location? Yes 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. Subcontractor's 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 lest one (1) year prior to the notice of request for bids or proposals) "151WHIII1111=02 Warel Print Name: Gary A. Leer, President 10 mety0mrs STATE OF: FLORIDA COUNTY OF- SARASOTA Subscribed and sworn to (or affirmed) before me, by means of R] physical presence or El online notarization, oil August 25, 2020 (date) by Ggry A. Lper, President (name of affiant), He/fW KIM MCGI IS NOTARY PUBLIC STATE OF FLORIDA NOGG 288456 COMMISSION EXPIR MMEM N TA PUBLIC OTARY PLIC KI McGinnis PROPOSALFORM 00 120- Page 33 of 218 F210-51 i S,NaI "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 iledorwilarformw rn�f in tj-.,w ctoi-.l COVT2 ACT* Wsms I have read the above and state that neither D.L. Porter Constructors, Inc., Gary,,,,A._,I_oer, presill (Proposer's nam ) nor an�7iiiate has been placed on the convicted vendor list within the last thirty-six ('� ■� ths EMMEWOMMMUM a Winwam 0 0 ff W im --. I up 51, COUNTY OF SARASOTA notarization, on August 25, 2020 (date) by Gary A. Loer, President (name of affiant). He/&he ersonail AnDamig me alixillinowodix9all (type of identification) as identification. KIM MCGINNIS — -y '11 # 0 Y. q e�, NOTARY PUBLIC 4— ) ill STATE OF FLORIDA NOTARY PUBLIC Kim McGinnis NO. GG 288456 MY COMMISSION EXPIRES FEB, 24,2023 My commission expiresFebruary 24, 2023 PROPOSAL FORT 00 120- Page 34 of 218 Respondent Vendor Name� D.LPorter Constructors, Inc. Vend-wr FEIN: 65�0848440 Vendor's Authorized Representative Name and Title: Gary A. User, President Address: 6574 Palmer Park Circle City: Sarasota State- FL Phone Number (941) 929-9400 Email Address: 9 OMENUM I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. 1 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; Gary A. Loer, President to sign on behalf of th Authorized Signature- Title:--.- President Note: The List are available at the following Department of Management Services Site: MtpL/�/��www.dM..tnyfl,orida.com/business operations/state, pu rchas igglyen dot, information/convicted susp ended discriminatory complaints vendor lists PROPOSAL FORM 00 120- Page 35 of 218 mig" D[ViSi011 SUbcon tractor Contact Person Ph 4 w/ara�a code Fax: Cell: Address �. S,unslune Envir=enml & Denwhon Greg Gcdec (S � 3) 46i 8 006 (S I 3j 163 - 8 ON 16116 6th STx tet mast Redingom Beacl� FL 33708 PROPOSALFORM 00120-lugs 36 of 218 SECTION 00130 INSURANCE REQUIREMENTS AND FORMS Prior to the commencement of work governed by this contract (including the pre -staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Sub -Contractors engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre - staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below.. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required' insurance, The Contractor will be held responsible for all deductibles and self -insured retentions that may be contained in the Conti -actor's Insurance policies, The Contractor shall provide, to the County, as satisfactory evidence of required insurance, either: Certificate of Insurance or A Certified copy of the actual insurance policy. However, the Contractor shall provide to County Project Management a valid; Certif Insurance and a certified complete copy of any and all Builder's Risk Insurance P and poed property with all endorsements, amend and notice of changes to the policy. 4in any and all Builder's Risk Insurance Policies and polic:ies covering County-owne property, the Monroe County Board of County Commissioners will be named as a name insured, additional insured'and loss payee. I The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract, !NSURANCE REQUIREMENTS AND FORMS 00130- Page 37 of 218 AGM -1.01-4 �*L111 51 All insurance policies must specify that they are not subject to cancellation, non -renewal, material change, or reduction in coverage unless a rninimurn of thirty (30) days prior notification is given to the County by the insurer, The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation - Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. INSURANCE REQUIREMENTS AND FORMS 00130- Page 38 of 218 INSURANCE REQUIREMENTS FOR MONROE COUNTY HISTORIC JAIL DEMOLITION AND ASBESTOS, LEAD AND MOLD ABATEMENT BETWEEN MOAROE COUNTY,i FL01RIDA A,ND Prior to the commencernent of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes and the requirements of Florida Statutes, Chapter 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease, policy limits. $1,000,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self - insurer, the County shall recognize and honor the Contractor's status, The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Progrann. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial stater eats from the fund upon request from the County. INSURANCE REQUIREMENTS AND FORMS 0 0 13 0 P a VP-19-of-2-1 a '] 110111111111 GENERAL LIABILITY INSURANCE REQUIREMENTS FOR MONROE COUNTY HISTORIC JAIL DEMOLITION AND ASBESTOS, LEAD AND MOLD ABATEMENT BETWEEN! MONROE COUNTY, FLORID AND I Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a rninimurn: 0 Premises Operations 0 Products and Completed Operations 0 Blanket Contractual Liability 0 Personal Injury Liability The i-ninimum limits acceptable shall be: $500,000 Combined Single Linnit An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe, County Board of County Commissioners shall be named as Additional Insured on all policies Issued to satisfy the above requirements. INSURANCE REQUIREMENTS AND FORMS 00 130- Page 40 of 218 '11 T m 0 In- X-mmus Y, ,millmi A1130MURI[MUMLIWA Z" 11104111501 At WEI IN elm AMC oil U01 z F-m Forum. T- -Aamm VI �A. l@ r, T INSURANCE REQUIREMENTS F012, BETWEEN MONROE COUNTY, FLORIDI .4, Recognizing that the work governed by this contract requires, the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minirnum, liability coverage for: Owned, Non -Owned, and Hired Vehicles The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $200:,000 per Person $300,000 per Occurrence $200.000 Pror)ertv DamQa The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements, INSURANCE REQUIREMENTS AND FORMS 00130- Page, 41 of 218i RIXIN�D 111MINAMIAL412 FAM11 11fl �ii�l!i�iligl���l�!ilil�il�l�i:�illy�l�l���;!��dii,ii�ii'i��l�'ii� ill 5- 5-9 1 �'" f E W I - C I X 6 f a VT INSURANCE REQUIREMENTS FOR MONROE COUNTY HISTORIC JAIL DEMOLITION' AND ASBESTOS, LEAD AND MOLD ABATEMENJ BETWEEN MONROE COUNTY, FLORID NDIt D.L. Porter Constructors, Inc, Recognizing that the work governed by this contract involves the installation, removal, transporting, or disposal of asbestos material, the Conti -actor will purchase and maintain Asbestos Abatement Liability Insurance with limits no less than $2,000,000. If the policy is structured on a "Clairris Made Basis" the policy must contain a "Retroactive Date" of no later than the commencement of work and will have an extended reporting period of four (4) years, INSURANCE REQUIREMENTS AND FORMS 00 130- Page 42 of 218 PROPOSER'INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Worker's Compensation Employers Liability General Liability, including Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Statutory Limits $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 $500,000 Combined Single Limit Vehicle Liability (Owned, non -owned, and hired vehicles) $300,000 Combined Single Limit Asbestos Abatement Liability If split limits are preferred: $200,000 per Person $300,000 per Occurrence $200,000 Property Damage $2,000,000 Combined Single Limit 2MR-SEM 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, The Contractor shall provide a certified copy of the recorded payment and/or performance bond to the Owner pursuant to Fla. Stat. Sec. 255.05, 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 clairns, actions or causes of action, (ji) 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 ornission 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 emissions 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. Stai Sec. 725.0y. insofar as the clairns, actions, causes of action, litigation, proceedings, costs expenses relate to events or circumstances that occur during the term of tills Agreement, th section will survive the expiration of the term of this Agreement or any earlier termination of th Agreement. I 77-797T occurring thereby and shall further defend any claim or action oil the County's behalf. The first ten dollars ($10.00) 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. DIVISION Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the State of Florida, Department of State, Division of Historical Resources, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Contract, I understand the insurance that will be mandatory if awarded the contract and will comply in f with all of the requirements herein. I fully accept the indemnification and hold harmless and d to defend as set out in this proposal. D.L. ®r Constructors, Inc. . . . . ............ PROPOSER Signaturej MONROE COUNTY HISTORIC JAIL DEMOLITION AND ASBESTOS, LEAD AND MOLD ABATEMENT INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the proposer named above. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES General Liability Bodily Injury/Property Damage. $2 500 Excess Liability Retention: $10,000 Auto Liability Liability policies are X Occurrence Bouchard Insurance, Inc., Marsh & McLennan Agency LLC Company Insurance Agency Comp/Collision: $100/$1,000 Claims Made Signature End of Section 00120 INSURANCE REQUIREMENTS AND FORMS 00130- Page 45 of 218 Client* 4463 I»A1il.1194 ACOR& CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 9/17/2020 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Bouchard Insurance, Inc. PHONE 727 447-6481 FAX 727 449-1267 A/C No Eld : A/C No 101 N Starcrest Dr. E-MAILADDRSS.certificates@bouchardinsurance.com Clearwater, FL 33765 727 447-6481 INSURERS AFFORDING COVERAGE NAIC # INSURER A: Colony Insurance Co 39993 INSURED INSURER e : Travelers Excess & Surplus Lines Co 29696 D L Porter Constructors, Inc. INSURER c : Amerisure Mutual Insurance Company 23396 6574 Palmer Park Circle Old Dominion Insurance Company INSURER D : p Y 40231 Sarasota, FL 34238-2777 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 LTR TYPE OF INSURANCE ADDL UBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 103GL001647506 1 /01 /2020 01/01/2021 EACH OCCURRENCE $1,000,000 To PRIMEMS (E 'c ED urrence)$100 000 ( CLAIMS -MADE I X I OCCUR X MED EXP (Any oneperson) $5 000 BI/PD Ded:2,500 PERSONAL & ADV INJURY $1 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: y PRO- F X POLICY L-J JECT �I LOC GENERAL AGGREGATE s2,000,000 PRODUCTS - COMP/OP AGG s2,000,000 $ OTHER: D AUTOMOBILE LIABILITY Y Y B1T3307V 1/01/2020 01/01/2021 COMBIid'ntl GLE LIMIT 11,000,000 BODILY INJURY (Per person) $ X ANY AUTO OWNED SCHEDULED AUTOS ONLYHAUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE P r c i n $ HIRED NON -OWNED X AUTOS ONLY AUTOS ONLY B UMBRELLA LIAB OCCUR Y Y ZUP81NO85642ONF 1/01/2020 01/01/2021 EACH OCCURRENCE $5000000 X X AGGREGATE s5,000,000 EXCESS LIAB CLAIMS -MADE DED I X I RETENTION $10,000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE �Y / NN� OFFICER/MEMBER EXCLUDED? ' N / A Y WC208074508 1 /01 /2020 01/01/2021 X PER OTH- IFR — —••- E.L. EACH ACCIDENT $500 000 E.L. DISEASE - EA EMPLOYEE $500 000 1 I (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $500 000 C Leased/Rented IM20593641103 1/0112020 01/0112021 $100,000 Equipment Ded: $1,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) PROJECT: Monroe County Historic Jail Demolition and Asbestos, Lead and Mold Abatement ** Workers Comp Information ** I'SKT Proprietors/Partners/Executive Officers/Members Excluded:BY- Gary Loer, President 1 2 (See Attached Attached Descriptions) , Monroe Count Board of Count Commissioners SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 500 Whitehead Street ACCORDANCE WITH THE POLICY PROVISIONS. Key West, FL 33040 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) 1 of 2 #S1316878/M1195653 ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD JANFI DESCRIPTIONS (Continued from Page 1) Marshall White, Vice-Pres Additional insured status with respect toGeneral Liability, Auto Liability & Excess Liability per the ottachedfonn(s). Waiver mfsubrogation applies with respect to General Liability, Auto Liability, Excess Liability &Workers Compensation per the attached form(s). Coverage is primary as respects to General Liability and non-contributory as subject to the terms, conditions and exclusions ofyour policy. axunnouus.3;m1*mu 2 of POLICY NUMBER: D L Porter Constructors, Inc. COMMERCIAL GENERAL LIABILITY NAMED INSURED: 103GLOOl 647506 CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Z NAN041 ! !' This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Omanization(s): I Location(s) Of Covered Operations Where required by Written Contract Where required by Written Contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 NAMED INSURED: D L Porter Constructors, Inc. POLICY NUMBER:103GL001647506 COMMERCIAL GENERAL LIAWLITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Location And Description Of Completed Operations Where required by written contract I Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 1 Section II _ Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard", CG 20 37 07 04 0 ISO Properties, Inc., 2004 Page 1 of I ❑ .."=^-`^ """".``-^'."L.. ".=" "111=1.1"^"'.01 lilt - POLICY NUMBER: 103GLOO1647506 THUS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to Paragraph8. Transfer Of Rights Of Recovery Against Others To Us of Section IV-Cmnditioms: \8hawaive any rights ofrecovery vvamay have against any person ororganization because ofpayments vve make for injury or damage resulting from your ongoing operations or "your work" done under a contract with that person or organization and included in the "prod ucts-completed operations hazard" if: 8. you agreed tosuch waiver; b. the waiver isincluded aapart ofowritten contract orlease; and o. such written contract or lease was executed prior to any loss to which this insurance applies. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U047-0310 Includes copyrighted nnateh8| of ISO Properties, Inc., Page 1 of 1 NAMED INSURED: D L Porter Constructors, Inc. POLICY NUMBER: 103GLOO1647506 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 04 13 C Insurance Services Office, Inc., 2012 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 0083 13 K]/\ME[) IKjS[]RE[):D L Porter Constructors, Inc. (Ed. 4-84) POLICY NUMBER: WC208074508 WAIVER OFOUR RIGHT TORECOVER FROM OTHERS ENDORSEMENT Wehave the right to recover our paymentsfm liable for injury covered bvthis policy. Newill not enforce our ngro against the person or organization named in the Schedule. (h/o agreement applies only to the extent that you podnrnn work under avvritten contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Gohodu|o "Any person ororganization required by written contract orcertificate of insurance." "This endorsement iunot applicable inCalifornia, Kentucky, New Hampshire, New Jersey, Texas and Utah." The endorsement does not apply to policies orexposure inMissouri where the employer isinthe construction group ofclassifications. According 1oSection 287.150/6\ of the K8iaoouh statutes, e contractual provision purporting to waive subrogation rights is against public policy and void where one party to the contract is an employer in the construction group of code classifications. For policies or exposure in Missouri, the following must be included in the Schedule: � Any person or organization for which the employer has agreed by written contract, executed prior to |0SS' may execute a waiver of subrogation. Hovvmvwr, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. This endorsement changes the policy to which it isattached and is effective onthe date issued unless otherwise stated. (The information below isrequired only when this endorsement isissued subsequent topreparation ofthe po|ioyj Endorsement Effective Policy No. Endorsement No. Insurance Company Countersigned by Premium $ WC80Q@13 POLICY NUMBER: D L Porter Constructors, Inc. NAMED INSURED: 131T3307V COMMERCIAL AUTOMOBILE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE ELITE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. 1. BROAD FORM INSURED A. Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown in the Declara- tions is amended to include: (1) Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of the Coverage Form. However, the Named Insured does not include any subsidi- ary: (a) That is an "insured" under any other automobile policy or (b) That would be an "insured" under such a policy but for (i) its termina- tion or (ii) the exhaustion of its Limit of Insurance. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organi- zation: (a) That is a partnership, joint venture or limited liability company, (b) That is an "insured" under any other policy, (c) That has exhausted its Limit of In- surance under any other policy, or (d) 180 days or more after its acquisi- tion or formation by you, unless you have given us notice of the acquisi- tion or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A.I. - WHO IS AN INSURED OF SECTION 11 - LIABILITY COVERAGE is amended to add: Any "employee" of yours while using a cov- ered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Lessors as Insureds Paragraph A.1 - WHO IS AN INSURED OF SECTION II - LIABILITY COVERAGE is amended to add: e. The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (1) The agreement requires you to pro- vide direct primary insurance for the lessor and (2) The "auto" is leased without a driv- er. Such a leased "auto" will be con- sidered a covered "auto" you own and not a covered "auto" you hire. 2. ADDITIONAL INSURED BY CONTRACT, PERMIT OR AGREEMENT The following is added to A.1 WHO IS AN INSURED OF SECTION 11 - LIABILITY COVERAGE: Any person or organization for whom you are required to name as an additional insured in a written contract or agreement that is executed or signed by you prior to a "bodily injury" or "prop- erty damage" occurrence is an "insured" for lia- bility coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section 11 of the coverage form. If specifically required by the written contract or agreement referenced in the paragraph above, any coverage provided by this endorsement to an additional insured shall be primary and any other valid and collectible insurance available to 64 K290 FL 1018 Includes Copyrighted materials by © ISO Properties, Inc. Page 1 of 6 INSURED COPY the additional insured shall be non-contributory with this insurance. If the written contract does not require this coverage hobaprimary and the additional inauved'e coverage to be non- oonthbutory. then this insurance will be excess over any other valid and collectible insurance available Lothe additional insured. 3. AUTOS RENTED BY EMPLOYEES Any "auto" hired or rented by your "employee" onyour behalf and atyour direction will hecon- sidered an ''auto" you hire, The OTHER INSURANCE Condition isamend- ed byadding the following: If an "employee's" personal insurance also ap- plies on an excess basis to a covered "auto" hired or rented byyour "emp|oyae^ on your be- half and at your direction, this insurance will be primary tothe "emp|oyeo'e"personal insurance. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered ^aubza for Liability Coverage and if Comprehensive, Specified Causes of Loae, or Collision coverages are pro- vided under this Coverage Form for any "aub/' you own, then the Physical Damage coverages provided are extended ho"ouhoo"you hire orbor- mw, subject to the following limit. The most we will pay for "loss" to any hired "auto" is: (1) $50.000; (2) The actual cash value of the damaged or stolen property at the time of the "loss"; or (3) The cost of repairing or replacing the damaged orstolen property, whichever iasmallest, minus adeduodb|e. The deductible will be equal tothe largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "|nos" onuoad by fire or lightning. Hired Au- to Physical Damage coverage is exomaa over any other collectible insurance. Sub- ject to the above |imit, deductible and ex- cess provinions, we will provide coverage equal tothe broadest coverage applicable toany covered ^auto''you own. We will also cover loss of use of the hired "auto" ifitresults from an ''accident', you are |ega|\y|ie- b|e and the lessor incurs on actual financial |ooa, subject to o maximum of $1.000 per "accident". This extension of coverage does not apply to any "auto" you hire or borrow from any of your ''emp|oyees'', partners (if you are apartnanehip). members (if you are a limited liability company), ormembers oftheir households. 6' PHYSICAL DAMAGE — ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.m'C}FSECTION III —PHYSICAL DAMAGE COVERAGE ioamended toprovide a limit of $75 per day and a maximum limit of $2,250. u. EXTRA EXPENSE — BROADENED COVERAGE Under paragraph A. OF SECTION |U — PHYSICAL DAMAGE COVERAGE, the follow- ing CovenaQeisadded: VVewill pay for the expense ofreturning ostolen covered "auto" to you subject to Paragraph C. Limit ofInsurance. 7. LOAN/LEASE GAP COVERAGE Under SECTION U| ' PHYSICAL DAMAGE COVERAGE, if a long-term [eased or financed "auto" is o covered "auto", we will pay in the evert of total "loss" your additional legal obli- gation to the lessor or loss payee for any differ- enoebebme*ntheactua|ooshva|uaofthe"ou- to" at the time of the "|ooa^ and the "outstanding balance" ofthe lease. "Outstanding balance" means the amount you owe on the lease otthe time of"|ons" |eon any amounts representing taxes; overdue payments; pena|dea, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination Under Paragraph B. Exclusions of SECTION U| ' PHYSICAL DAMAGE COVERAGE, the follow- ing ieadded: The exclusion relating tomechanical breakdown does not apply to the accidental discharge of an air bag. 64K290FL1018 Includes Copyrighted materials by@ISO Properties, Inc. Page 2 of 6 INSURED COPY 8. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, ORLOSS The requirement in LOSS CONDITIONS 2.a— DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS — of SECTION |V — BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the ^accident" iaknown to: (1)You, ifyou are an individual (2) Apartnar, ifyou are opartnership; or (3) A member, if you are n limited liability company; or (4) An executive officer orinsurance man- ager, if you are a corporation. 10.UNINTENT|(JNAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fail to disclose any hazards existing at the inception date of your policy, will not deny coverage under this Coverage Form because ofsuch failure. 11'WAIVER OFSUBROGATION Transfer OfRights Of Recovery Against Oth- ers ToUeofSECTION N—BUSINESS AUTO CONDITIONS is amended byadding the follow- ing: We waive any right of recovery may have against any person or organization to or for whom we make payment and with whom you have awritten contract that requires such waiver because ofpayments wemake for damages un- der this Coverage Form. 12.RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury" in SECTION V— DEFINITIONS in replaced bythe following: "Bodily injury" means bodily injury, oickneoo, or disease sustained by any pemun, including mental anguish or death resulting from any of these. 13. NOTICE OF CANCELLATION TO THIRD PARTY The following is added toA.2.` Cancellation of COMMON POLICY CONDITIONS Kee initiate m cancellation or non -renewal for any reoaon, other than non-payment of premi- um, we will mail notice of cancellation to the person or organization scheduled on the policy ooanadditional insured 30days before the ef- fective data of cancellation. We will mail such notice to the address of the Additional Insured scheduled on the policy and in at |eoat3O days before the effective date of the cancellation or non -renewal. |fthe Insured initiates the Cancellation orincase ofnon-payment ofpremium, we will not mail ad- vance notice but, afina| cancellation notice will be sent hothe person or organization scheduled on the policy as an additional insured, We will mail such notice to the additional insured ad- dress upon final cancellation ofthe policy. 14. VEHICLE WRAP COVERAGE Paragraph A. Coverage of Section U| — PHYSICAL DAMAGE COVERAGE ioamended boinclude the foUowingadditional paragraph: Vehicle Wrap In the event ofa 1oeo to a covered "auto", we will provide the following coverage if such "loss" iacaused by: a. Other than collision only if the Declarations indicates that comprehensive Coverage is pro- vided for the covered "auto"; b. Specified Causes of Loss only if the Decla- rations indicates that Specified Causes Of Loss Coverage iaprovided for the covered ^auto";or c. Collision only if the Declarations indicates that Collision Coverage is provided for the cov- ered ^oubo^ We will [ay for "loss" to o "vehicle wrap" that is installed on the covered "auto". The most we will pay for ^|ooa^is*5.O0Oper policy period. VVewill not pay for ^|oaa^due toand confined ho wear and tear; or damage to paint or the vehicle caused byfaulty installation ofo"vehicle vvrap^ The "vehicle wrap" is subject to the Comprehen- sive deductible for the covered ^auto'', except in the event of a ''|ooa" to o covered "auto" for which such vehicle is involved in a collision and there iaboth: (1) Collision damage hothe vehicle; and (2) Damage tothe "vehicle wrap" Then the collision deductible will apply. |fthe "vehicle wrap" isdamaged inocollision the lesser ofreplacement cost ororiginal purchase cost of the "vehicle wrap" will apply. 64M290FIL1018 Includes Copyrighted materials by@ISO Properties, Inc. Page 3 of 6 INSURED COPY SECTONV. DEFINITIONS is amended to in- clude the following additional definition. "Vehicle Wrap" means self-adhesive vinyl decals orsheets applied tothe exterior body orwindow of o covered ^ouho^ Signs o/ other graphics pointed or magnetically affixed tothe vehicle are not considered vehicle wraps, 15.GARAGEKEEPERS The most current version ofendorsement CAS9 37that iuapproved inyour state ioadded tothe policy on on Excess insurance basis with o max- imum limit of$1U.0OO and a $500 deductible for each Customer's Auto for all perils. The limit is applicable on o blanket basis to all Insured owned locations. 16.OFUG|NAl EQUIPMENT MANUFACTURER REPLACEMENT PARTS SECTION U| — PHYSICAL DAMAGE COVERAGE, C. Limit ofInsurance, Paragraph 1.|samended toinclude: However, if the covered "auto" has less than 36.000 miles on its odometer, then the following condition will apply: We will pay the cost to replace the damaged parts (excluding g|oee and mechanical parts) with new Original Equipment Manufacturer re- placement ports if the damaged parts cannot be repaired. 17. FIRE DEPARTMENT SERVICE CHARGE Paragraph A.4' Coverage Extensions of SECTION U| — PHYSICAL DAMAGE COVERAGE is amended by adding thefo||ow- mg: o.Fire Department Service Charge When afine department is called to save or protect u covered ^outo^, its equipment, its oonbante, or occupants from o covered cause of loss, we will pay up to $1.500for your liability for fire department service charges: (1) Assumed bycontract oragreement pri' orto|osn; or 18.LOSS [)FUSE TORENTAL CAR Paragraph A/� Coverage Extensions of SECTION O| — PHYSICAL DAMAGE COVERAGE ioamended 0oadd the following: El. Rental Expense Newill pay the following expenses that you or any ofyour ^employeeo^ are legally obligated to pay because ofawritten contract or agreement entered into for use of a rental vehicle in the conduct ofyour business: MAXIMUM WE WILL PAY FOR ANY ONE CONTRACT OR AGREEMENT: i. $1.000 for |ooa of income incurred by the rental agency during the period of time that ve- hicle ieout mfuse because ofactual damage to, or ^|osa" of. that vehic|o, including income lost due to absence of that vehicle for use as a re- placement; 2. $5OOfor administrative expenses incurred by the rental agency, as stated in the contract or agreement 19.EDTE0DED CO@ERAGE—BA|LBONDS Paragraph A^2.a (2) of SECTION U — LIABILITY COVERAGE is replaced by the fol- lowing: (2) Up to $3.00Ofor cost nfbail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have hofurnish these bonds 20.EXTENOEO COVERAGE — LOSS OF EARNINGS Paragraph A -%.a' pH of SECTION U — LIABILITY COVERAGE iareplaced bythe fol- lowing: (4) All reasonable expenses incurred by the "in- sured" at our request, including actual |o*a of earnings up to $500 a day because of time off from work. 21.LOCKOUT REIMBURSEMENT COVERAGE We will reimburse up to $75 per occurrence to cover your nduo| expenses incurred when a locksmith must be called: (2)Required bylocal ordinance (1)Toopen acovered "auto"because the No deductible applies to this additional keys are locked inside the auto; or coverage. (2) To make a key for a covered "auto" be- cause the key has been lost orstolen. Nodeductible applies 64K230FL1018 Includes Copyrighted materials by0ISO Properties, Inc. Page 4of6 INSURED COPY 22.NON-OWNED TRAILER — INCREASED LOAD CAPACITY The following is added to C. of SECTION | — COVERED AUTOS: Non -owned ''trai|ora" with a load capacity of 5.000 pounds or |eoa designed primarily for travel onpublic roads 23.EXTENDED COVERAGE — BUSINESS PERSONAL PROPERTY AND PERSONAL EFFECTS Paragraph A.4 of SECTION U| - PHYSICAL DAMAGE COVERAGE isamended bythe fol- lowing: Physical Damage Coverage unacovered ^auto" may be extended to ^|oeo^ to your "business personal property" or "personal effocts^, not oth- erwise covered in the policy or, if you are an indvidua|, the personal property of e family member, that is in the covered "auto" at the time of "loss". The most wewill pay for any one ^|oeo^ under this coverage extension io$6OO. SECTION V - DEFINITIONS is amended by adding the following: "Business Personal Property" and "Personal Ef- fects" moans tangible property that is worn or carried by an "insured". It does not include tools, jewelry, money orsecurities. 24.RENTAL REIMBURSEMENT COVERAGE SECTION |O — PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: (1) We will pay for rental reimbursement expenses incurred byyou for the rental of an "auto" because of "loss" to o cov- ered "auto." Payment applies in addi- tion to the otherwise applicable amount of each coverage you have on a cov- ered "auto." No deductibles apply to this coverage. (2) VVewill pay only for those expenses in- curred during the policy period begin- ning 24 hours after the ^|oso^ and end- ing, regardless of the policy's expins+iun, with the lesser of the follow- ing number of days: (o) The number ofdays reasonably required to repair or ep|aon the covered "auto." If ^|ona^ is caused by theft, this number of days is added tothe number of days it takes to locate the cov- ered "auto" and return it to you; or (b) 3Oduya pqOur payment iolimited tothe lesser of the following amounts: (a) Necessary and actual expenses incurred; or (b) $5Oper day. (o) The Maximum Payment is $1,500 (4) This coverage does not apply while thee are spare or reserve ^ouboa^ available to you for your operations. (S) If ^|noe^ nsauUo from the total theft of a covered ''auto''ofthe private passenger type, we will pay under this coverage only that amount of your rental reim- bursement expenses which is not al- ready provided for under the PHYSICAL DAMAGE COVERAGE Extension. If Rental Reimbursement Coverage is already on the policy athigher limits, then that coverage nep|ooes, and is not added to, the coverage pro- vided above. 25.TEMPORARY SUBSTITUTE PHYSICAL DAMAGE Paragraph C. of SECTION | — COVERED AUTOS is amended by the addition mfthe fol- lowing: IfPhysical Damage Coverage isprovided bythis Coverage Fonn, the following type of vehicle is also a covered "auto" for Physical Damage Cov- erage: Any "auto" you do not own while used with the permission of its owner as n temporary substi- tute for a covered "auto" you own that is out of service because ofits: a. Breakdown U. Repair c. Servicing d. "Loss"; or e. Destruction 26.TOWING AND LABOR COVERAGE Paragraph A-2. of SECTION U| — PHYSICAL DAMAGE COVERAGE is replaced bythe fol- lowing: We will pay up to $200 for towing and labor costs incurred each time a covered "auto" of the private passenger type or o buck of less than 64K290FL1018 Includes Copyrighted materials by @ ISO Properties, Inc. Page 5 of 6 INSURED COPY 2lOOOpounds gross vehicle weight isdisabled. However, the labor must be performed at the place of disablement. 27.NEW AUTO REPLACEMENT |nthe event of a total loss to your "new" "auto" of the private passenger type or a Uuuk of less than 10.000 pounds gmna vehicle weight to which this coverage applies, aeshow inthe Deo' |aradono.wewiUpayatyouroptioneithec 1. The verifiable new "auto" purchase price of your damaged aubu, not including any insurance orwarranties purchased; or 2. The purchase phma, as negotiated by us, of new "auto" of the same or similar make, model and equipment, not including any fumishing, parts orequipment not installed bythe manufac- turer ormanufacturer's dealership; This coverage is provided without deduction for depreciation. CONDITIONS "New" means on "auto" in which you are the original owner and the ''auto" has not been pre- viouo|ytiUed. Coverage under this endorsement shall be ap- plicable: 1. for no more than 365 days from the date of purchase of the "auto" to which it app|ieo, plus the remainder ofthe policy term inwhich the 385thday from purchase ends, and; 2.When the ^outo^ has less than 15,000 miles All other provisions ofthis policy apply. ' 28.DRK/E OTHER CAR FOR EXECUTIVE OFFICERS A. Changes In Covered Autos Liability Coverage Any "auto" you do not own, hire or borrow is ocovered ^euto^for Liability Coverage while being used by any ofyour "executive offio- ers^. except: a. Any "auto" owned by that "executive officer" orany "family member", or b. Any "auto" used bythat "executive officer" while working inubusiness of aeUing, smmioing, repairing or parking ^outua^. B. Changes In Auto Medical Payments and Uninsured and Undehnsuved K8rtohoto Coverage The following is added to Who Is An In- sured: Any "executive office/ is "insured" while "occupying" or while a pedestrian when be- ing struck by any "auto" you do not own ex- cept: Any "auto" owned bythat ^oxecutive or by any "family membo[ C. Changes |nPhysical Damage Coverage Any private passenger type ^auto^you do not own, hire or borrow is covered "auto" while inthe care, custody orcontrol ofany of your "executive officers" except: (1) Any ''outo''owned bythat "executive of- ficer"orony^fomi|ymnmbe�. (2) Any ^auto"owned bythat "executive of- finer''vvhi|em/odkinOinmbuain*enof ae||ing, oervioing, repairing or parking ^oubm^ O. Additional Definitions: As used in this endorsement: "Executive officer" means a person holding any of the officer positions created by your charter, ooneditution, by -lows or any other similar governing dooumant, and that per- aon'n apoune, while o resident of the same household. "Family member" means eperoon related to the "executive offioe/' by blood, marriage or adoption who is a resident of the "executive officer's" household including award or foster child. E. The Insurance provided under this provision will be: Equal tothe broadest ofthose coverages af- forded onyoovered^euto". and Excess over any other collectible insurance. 64N290 FL1O18 Includes Copyrighted materials by@ISO Properties, Inc. Page 6 of 6 INSURED COPY 1 .4Co►ro CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDwYYYY) 11/5/2020 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(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ASSURE LLC 1931 Manatee Ave W Bradenton, FL 34205 NAME: MandyElmore C,No Ext (941) 739-5121 FAX No_(941)739-5608 ADD IESS Mandy@assureflorida. com INSURERISI AFFORDING COVERAGE NAIC# INSURERA: Kinsale Insurance Company 38920 INSURED Sunshine Environmental & Demolition LLC 16116 Sixth Street E Redington Beach, FL 33708 (813) 465-8006 0 INSURER B : INSURER C INSURER D INSURERE: INSURFRF 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, LXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INsit LTR TYPE OF INSURANCE ADDL INSD SUBRI wvD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDDIYYYY LIMITS K COMMERCIAL GENERAL LIAeILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR PREMISES Ea occurrence $ 100,000 MED EX? (Anyone person) $ EXC 0100117820-0 06/14/20 06/14/21 PERSONAL & ADV INJURY $ 1,000,000 A y GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 -COMPIOP AGG $ 2,000,000 POLICY 1 -X] jECT LOC 7 -PRODUCTS $ OTHER: I `"� -- - _' . _-- AUTOMOBILE LIABILITY Ea accident $ ANYAUTO " "'11 / 5 / 2 0 2 0 BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS DATW I NA 'Y BODILY INJURY (Per accident) $ PERTY HIRED NON -OWNER AUTOS ONLY AUTOS ONLY A- tDAMAGE Per acciden 5 UMBRELLA LIAB X OCCUR 0100119369-0 06/26/20 06/14/21 EACH OCCURRENCE $ 2,000,000 g AGGREGATE $ 2,000,000 A EXCESS LIAB CLAIMS -MADE DED RETENTION $ WORKERS COMPENSATION STATUTE ER AND EMPLOYERS' LIABILITY YIN ANY PROFRIETOR/PARTMERIEXECUTIVE ❑ N!A E.L. EACH ACCIDENT $ E-L- DISEASE - EA EMPLOYE $ OFFICERIMEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - POLICY LIMIT $ If yesunder E.,describ6RiPTION OF OPERATIONS below Each Occurrence $1,000,000 A Pollution Liability 0100117820-0 06/14/20 06/14/21 Gen Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOGATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Monroe County Historic Jail Demolition and Asbestos, Lead and Mold Abatement Asbestos Abatement Liability LOCATION: 500 Whitehead Street, Key West, FL 33040 Monroe County BOCC is named as additional insured with respects to the above insureds general liability policy. C;I:-_R I IFIC;A I t HUL1111=11 UAI'V-I=LLPL I IUIN Monroe County BOCC 1100 Simonton Street Key West, FL 33040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORF THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE n 19RA-9015 ACTOR❑ CORPORATIOhf. All rights reserved ACORD25 (2016I03) The ACORD name and logo are registered marks of ACORD ACORO� CERTIFICATE OF LIABILITY INSURANCE 11/5(/20 0 ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement- A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ASSURE LLC 1931 Manatee Ave W Bradenton, FL 34205 NAME 'Mandy Elmore AI°No Ext (941) 739-5121 F nrc,No (941) 739-5608 ADDRESS mandy@assureflorida.com INSURER(S) AFFORDING COVERAGE NAICX INSURER A: Evanston Insurance Company 35378 INSURED Deltocar LLC INSURER B . Frank Winston Crum Ins Co 238990 16007 Bonneville Dr INSURER C : Integon National. Ins Co 01140 INSURER D : Dade City, FL 33523 MSURER E (813) 528-3993 INSURER F : GUVERAGLS 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. IN L7R TYPE OF INSURANCE ADDL 3NSD s WVD POLICY NUMBER POLICY EFF MMIDDYYYY POLICY EXP MMIDDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1r000,000 CLAIMS -MADE 1XI OCCUR PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 5,000 3AA414965 07/29/20 07/29/23- PERSONAL& ADV INJURY $ 1,000,000 A Y GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY Fx] LOC JERCOT PRODUCTS - COMPIOP AGG $ INCLUDED $ OTHER: AUTOMOBILE LIABILITY Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ ANYAUTO OWNED SCHEDULED 2007019948-02 10�09�20 10/09/21 C AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ t{IRED NON-OWNE❑ AUTOS ONLY AUTOS ONLY X PROPER Pen er accidt DAMAGE $ PIP $ 10,000 LiMBRELLA LIAB N OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE F)Ffl I RETENTION $ $ WORKERS COMPENSATION H- B AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNER(EXECUTIVE NfA FWFL0010441502 06/04/20 06/04/21 STATUTE ER EL EACH ACCIDENT $ 1,000,000 OFFIGFRIM£M9LR EXCLUDED? E.L. DISEASE - LA EMPLOYEE $ 1,000,000 (Mandatory In NH) If yes, describeunder E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS Oalow DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Monroe County Historic Jail Demolition and Asbestos, Lead and Mold Abatement Asbestos Abatement Liability LOCATION: 500 Whitehead Street, Key West, FL 33040 Monroe County BOCC is named as additional insured with respects to the above insureds general liability policy. Monroe County BOCC 1100 Simonton Street Key West, FL 33040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTA ©1988-2015 ACORO CORPORATTISN_ All riahts rPrPrvari ACORD25 (2016/03) The ACORD name and logo are registered marks of ACORD PERFORMANCE AND PAYMENT BOND (Public Work) In compliance with F.S. Chapter 255.05(1)(a) Bond No. 016217942 CONTRACTOR: Name: D.L. Porter Constructors, Inc. Address: 6574 Palmer Park Circle Sarasota, FL 34238 SURETY: Phone No. (941) 929-9400 Name: Liberty Mutual Insurance Company Phone No. (617) 357-9500 Address: 175 Berkeley Street Boston, MA 02116 OWNER: Name: Monroe County Board of County Commissioners Address: 500 Whitehead Street Phone No. (305) 294-4641 Key West, FL 33040 OBLIGEE: (If contracting entity is different from the owner, the contracting public entity) Name: Address: Bond Amount: $175,492.00 Phone No. Project: Description of Work: Monroe County Historic Jail Demolition and Asbestos, Lead, and Mold Abatement Project Location: Key West, Monroe County, Florida FRONT PAGE All other Bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be re -printed thereon. Doc # 2283246 Sk# 3046 Pg# 904 Recorded 9/24/2020 4:19 PM Page 1 of 10 Bond No. 016217942 Filed and Recorded in Official Records of MONROE COUNTY KEVI I MADOK, CPA Document A312TM - 2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: (Name, legal status and address) D.L. Porter Constructors, Inc. 6574 Palmer Park Circle Sarasota, FL 34238 OWNER: (Maine, legal stattrs and address) Monroe County Board of County Commissioners 500 Whitehead Street Key West, FL 33040 CONSTRUCTION CONTRACT Date: September 16, 2020 SURETY: (Nrnne, legal stains and principal place of business) Liberty Mutual Insurance Company 175 Berkeley Street Boston, MA 02116 Mailing Address for Notices Same as above This document has important legal consequences. Consultation irrllh an attorney Is encouraged with respect to Its completion or modification. Any singular reference to Contractor. Surety, Owner or other party shall be considered plural where applicable. Amount: $ 175,492.00 One Hundred Seventy Five Thousand Four Hundred Ninety Two Dollars and 00/100 Description: (Name and location) Monroe County Historic Jail Demolition and Asbestos, Lead, and Mold Abatement, Key West, FL BOND Date: September eptember 16, 2020 (Not earlier than Constrttction Contract Date) Amount: $175,492.00 One Hundred Seventy Five Thousand Four Hundred Ninety Two Dollars and 00/100 Modifications to this Bond: ] None ❑ Sec Section 16 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) D.L. Porter C`o ' ru ors, C. Signature:, Name r ' ' and`Titte: '� 1 (Any additional signattn•es appear on the last page of this Perfonnonce Bond.) (FOR 1NF0RjW 770N ONLY — Narne, address and telephone) SURETY Company: (Co)porate Seal) Liberty Mutual Insurance Company Signature: Name Margaret Ginem and Title: Attorney -in -Fact AGENT or BROKER: OWNER'S REPRESENTATIVE: Alliant Insurance Services, Inc. (Architect, Engineer orotherporo.) 2701 North Rocky Point Drive, Suite 960 Bender & Associates Architects, P.A. Tampa, FL 33607 410 Angela Street Inquiries: 813 210-4412 Key West, FL 33040 305 296-1347 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Ownees right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice, § ti When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 6.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 6.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages.as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain anew contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If die Surety proceeds as provided in Section 5A and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the. Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 8 The Surety shall not be liable to the Owner orothers for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or setoff on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor coascd working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so famished, the intent is that this Bond shall be construed as a statutory bond and not as a common lawbond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default, Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply Avith a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.6 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 16 if this Bond is issued for an agreement between a Contractor and subcontractor, the tern Contractor in this Bond shall be deemed to be Subcontractor and the term Ownershall be deemed to be Contractor. § 16 Modifications to this bond are as follows: (Space isprovided ovided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL. SURETY Company: (Corporate Seal) Company: (Co)porate Seal) Signature: Signature: Name and Title: Name and Title: Address Address 5a) iM i> This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. -.��,i�bei Liberty Mutual Insurance Company .�.utuil.e The Ohio Casualty Insurance Company Certificate No: 8201460-986973 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duty organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Anett Cardinale: David H. Carr: MaraaretA. Ginem all of the city of Tampa state of FL each Individually if there be more than one named, Its true and lawful attomey-In•fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as If they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons, IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 25th day of June , 2019 . Liberty Mutual Insurance Company Py INS e pq py-cv INS& INSU The Ohio Casualty Insurance Company aJ cp Oar Zo �; o�0 ry P 0, West �p West American Insurance Company a3 gat° R'a`° `�ao ar3 Lisp+ 2 1912 0 � 1919 0 1991 a le.T�`QACHUS" .dbo �o `�"yaMPs`���NorA9 a � By: 44, David M. Carey, Assistant Secretary State of PENNSYLVANIA County of MONTGOMERY On this 25th day of June 2019 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument forthe purposesl--�t5,— therein contained by signing on behalf of the corporations by himself as a duly authorized officer, U W IN WITNESS WHEREOF, i have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. PA COMMONWEALTH OF PENNSYLVANIA Notarial Seat OF Teresa PasteHa, Notary Public Upper MerionTwp., Montgomery County By: My Commission Expires March 28, 2021 Teresa Pasteila, Notary Public ''asr Member, Pennsylvania Association ofNdades This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, liberty, Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV — OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-In-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE Xitt—Execution of Contrasts: Section 5, Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as If signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is In full force and effect and has not been revoked. IN TESTIMONY WHEREOF, i have hereunto set my hand and affixed the seals of said Companies this 16th day of September , 2020 . PV tNSUA. �I,( INS&p i%a tiJ cP�oRgr y+1 J �oRPot�r'q_ ,�P opPor�T +y m 1912 h O 1919 n 1991 :� `�w �a a � o B rb3 CHUB J1a haseP`'� S es N°tAN* a y Renee C. Llewellyn, Assistant Secretary 0 M a C trf N 0 mot• N 00 N M °O M co LMS-12873 LMIC ome WAIL Multi co oe2b18' Bond No. 016217942 Document A312TM - 2010 Conforms with The American Institute of Architects AIA Document 312 Payment Bond CONTRACTOR: (Name, legal statics and address) D.L. Porter Constructors, Inc. 6574 Palmer Park Circle Sarasota, FL 34238 OWNER: (Name, legal statccs and address) Monroe County Board of County Commissioners 500 Whitehead Street Key West, FL 33040 CONSTRUCTION CONTRACT Date: September 16, 2020 SURETY: (Nance, legal status and principal place of business) Liberty Mutual Insurance Company 175 Berkeley Street Boston, MA 02116 Mailing Address for Notices Same as above This document has important legal consequences. Consultation with an attorney Is encouraged with respect to Its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Amount: $175,492.00 One Hundred Seventy Five Thousand Four Hundred Ninety Two Dollars and 00/100 Description: (Name and location) Monroe County Historic Jail Demolition and Asbestos, Lead, and Mold Abatement, Key West, FL BOND Bate: September 16, 2020 (Not earlier than Construction Contract Date) Amount: $ 175,492.00 One Hundred Seventy Five Thousand Four Hundred Ninety Two Dollars and 00/100 Modi 6cations to this Bond: CONTRACTOR AS PRIN, Company: D.L. Porter, Con uc s Sigiu�iurp: r Name and Title:, None XQ See Section 18 (Corporate Seal) (any additional signatures appear on the last page of this Payment Bond.) (FOR INFOPUMT10N ONLY — Maine, address and telephone) SURETY Company' (ar}�orw7tLiS`dci, Liberty Mutual Insurance Company Signature: '•;.,+'' Namc . Margaret Ginerri • '' and Title: Attorney -in -Fact AGENT or BROKER: OWNER'S REPRESENTATIVE: Alliant Insurance Services, Inc. (architect, Engineer orotherparty;) 2701 North Rocky Point Drive, Suite 960 Bender & Associates Architects, P.A. Tampa, FL 33607 410 Angela Street Key West, FL 33040 Inquiries: 813 210 4412 305 296-1347 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 6.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, staling with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, famished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § B Ifs notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Scction 7.2, the Surety shall indemnify the Claimant for the reasonable attorneys fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount ofreasonuble attorney's fees provided under Section 7.3. and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that arc unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shad be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment wore, furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph arc void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shalt be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 upon request by any person or entity appearing to be a potential beneficiary of.this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant'to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; A a brief description of the labor, materials or equipment furnished; .6 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount ofprevious payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mcchanies lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.6 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modilications to this bond are as follows: THE PROVISIONS AND LIMITATIONS OF SECTION 255.05 FLORIDA STATUTES, INCLUDING BUT NOT LIMITED TO THE NOTICE AND TIME LIMITATIONS IN SECTIONS 255.05(2), 255.05(8) AND 255.05(10), ARE INCORPORATED IN THIS BOND BYREFERENCE. (Space Is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Name and Title: Address Signature: Name and Title: Address (Corporate Seal) This Power of Attorney limits the acts of those named herein, and they have no authority to T y bind the Company except in the manner and to the extent herein stated. ^' L��1I ertXLiberty Mutual Insurance Company mutuil® The Ohio Casualty Insurance Company Certificate No: 8201460-986973 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Anett Cardinale; David H. Carr; Margaret A. Ginem all of the city of Tampa state of FL each individually if there be more than one named, its true and lawful attorney -In -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 25th day of June , 2019 . Liberty Mutual Insurance Company �, tNsu p�11 INS, a %Nst/ The Ohio Casualty Insurance Company J oaP°2vr�'yp �J o°RPO >� �r+P o° O r p West American Insurance Company 3 1- a n t 3 �60 act 1912 H oyc1919wb a 1991 0 S d nniAd Ad r`nrov 6ecictnnt IZ—f— State of PENNSYLVANIA County of MONTGOMERY ss On this 25th day of June , 2019 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance o Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes = therein contained by signing on behalf of the corporations by himself as a duly authorized officer. U UJ IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written, q�`y pPRSr! COMMONWEALTH OF PENNSYLVAN►A Notarial seal��� OF Teresa Pastelle, Notary Pubilc Upper MedanTwp., Montgomery County By: My Commission Expires March 28, 2021 �tP� �Member, Pennsylvania Association of Naiades Teresa Pastella, Notary Public 4Rv 'P� This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV — OFFICERS: Section 12, Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and del'Iver as surety any and all undertakings, bonds, reoognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Corporation by their signature -and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as If signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fat under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attomey issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. 1, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing Is a full, true and correct copy of the Power of Attorney executed by said Companies, Is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my 'liand 44 affixed the seals of said Companies this 16th day of September 2020 l ,r 'iNSU ' �SY INgU a tNSUp - �JQ� aPogCrJP<°aaor�ar Qqy GP oaPottgT�4 r s' U1'o m w r �1a12 o o 1919 1991 os dab �Q3 HAnta�aai ky,3�hotAaP��a By: Renee C. Llewellyn, Assistant Secretary Ca M .d C I. Cs N oa cV r� act 0 r- LMS-12873 LMIC OCIC WAIC Multi Co 062018