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02/17/2021 Agreement a' Kevin Madok, CPA et," Clerk of the Circuit Court&Comptroller—Monroe County, Florida DATE: Mauch 5, 2021 TO: Stan Thompson, Budget/Contract Administrator Project Management FROM: Pamela G. Ham( ek, ).C. SUBJECT': February I BOCC Meeting Attached is an electronic copy of the following item for your handling: D6 Agreement with Razorback, I.LC who was the lowest,responsible, responsive bidder to the RFP for the Pigeon Key Honeymoon Cottage and Commissary Building Repairs Project. This project is funded by a TDC grant and a DHR/NPS special gram. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the 17t" day of February 2021 BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 And the Contractor: Razorback, LLC 276 Knollwood Road Tarpon Springs, Florida 34688 For the following Project: PIGEON KEY HONEYMOON COTTAGE AND COMMISSARY BUILDING HURRICANE REPAIRS Scope of the Work The Scope of Work shall include, but not be limited to, all work shown and listed in the Project Documents and Specifications. The Contractor is required to provide a complete job as contemplated by the documents and specifications, which are a part of this bid package. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies, permits and any other means of construction necessary or proper for performing and completing the repairs listed. Due to the sensitive historical nature of this project, general contractors and certain trades must meet prequalification requirements. Take all appropriate measures necessary to correct inferior work as identified by the architect. Protect historical fabric during all operations. No historical materials shall be removed from the site without prior approval of architect. The architect reserves the right to have individual workmen removed from individual activities or the project entirely, if in the architect's judgment, the quality of work being performed is inappropriate, inferior, or detrimental to historical materials. Pigeon Key Honeymoon Cottage and Commissary Repairs The Scope of Work includes repair of two existing historical one-story wood frame structures that were knocked off their respective foundations during Hurricane Irma. The Page 1 of 33 Scope of Work includes repair of foundations, structural repair, repair of roofs, and all associated sitework, mechanical, electrical and plumbing. The Scope of Work shall also include satisfaction of the requirements of contractors and fulfilment of the obligations of contractors set forth in the Grant Agreement between the State of Florida, Department of State and Monroe County (20.h.fh.100.006), attached hereto, including, but not limited to, the possession of the requisite experience and training in historic preservation, the assurance that all project work is in compliance with the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation available online at htt s://www.n s. ov/sub sots/historic reservation/standards.htm and the provision of photographic documentation of the restoration activity according to the guidelines regarding photographic documentation available online at htt s://dos.m florida.com/historical/ rants/s ecial®cats or ® rants/. By careful study of the Contract Documents, determine the location and extent of selective demolition to be performed. In company with the Architect and County Project Manager, visit the site and verify the extent and location of selective demolition required. Mark interface surfaces as required to enable workmen also to identify items to be removed and items to be left in place intact. Acquire necessary permits, including any fees as a part of the bid. 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 Page 2 of 33 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 Three Hundred Sixty-Five (365) calendar days after the date of commencement or issuance of a Notice to Proceed. The time or times stipulated in the contract for completion of the work of the contract or of specified phases of the contract shall be the calendar date or dates listed in the milestone schedule. Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extensions in time as set forth by the Director of Project Management's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. FIRST SECOND 31ST DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under $50,000.00 $50.00/Day $100.00/Day $250.00/Day $50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day $100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day $500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. 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. 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 Seven Hundred Thirty Eight Thousand and 00/100 Page 3 of 33 Dollars ($738,000.00), 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 4.3 Unit prices, if any, are as follows: N/A ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Director of Project Management, and upon approval for payment issued by the Director of Project Management and Architect, the Owner shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one (1) calendar month ending on the last day of the month, or as follows: 5.3 Payment will be made by the Owner, 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 five percent(5%). 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 Page 4 of 33 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; 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 five percent (5%)will be withheld in accordance with Section 218.735 (8)(a), Florida Statutes. 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. Page 5 of 33 E. Spare parts and maintenance materials. F. Electronic copies of approved submittals. G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). H. Copies of either a Certificate of Completion or Certificate of Occupancy issued by the Monroe County Building Department. 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 Annual Appropriation. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated and the County has no further obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. 7.5 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids, proposals, or replies on leases of real property to public entity, may not be awarded or perform work as contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 7.6 The following items are included in this contract: a) Maintenance of Records. Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of 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 Page 6 of 33 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 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 Page 7 of 33 unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. d) Attorney's Fees and Costs. The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the non-prevailing party and shall include attorney's fees and court 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 affect 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 Section 7.4, Section 7.6 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 Page 8 of 33 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 discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating 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. During the performance of this Agreement, the Contractor, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by Page 9 of 33 or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3. The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 4. The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs(1)through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Page 10 of 33 Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. k) Covenant of No Interest. County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 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) 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 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 Page 11 of 33 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. (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 Page 12 of 33 to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. 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 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 Page 13 of 33 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 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. Page 14 of 33 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. Federal Government and NPS Indemnification To the fullest extent permitted by law,the Contractor shall indemnify and hold harmless the Federal Government and the National Park Service, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the Federal Government, State of Florida and the (County) Agency's sovereign immunity. 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. 2 C.F.R. � 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the Contractor, with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the following affirmative steps to assure that minority Page 15 of 33 businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. (6) Requiring the Prime contractor, if subcontractors are to be let, to take the affirmative steps listed in paragraph (1) through (5) of this section. 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. 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) 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. cc) 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. Page 16 of 33 dd) 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: Razorback, LLC Attn: Anthony Houllis, MGRM 276 Knollwood Road Tarpon Springs, Florida 34688 For Owner: Director of Project Management Assistant County Administrator, PW& E 1100 Simonton St., Room 2-216 1100 Simonton Street Key West, Florida 33040 Key West, Florida 33040 7.8 FEDERAL CONTRACT REQUIREMENTS The Contractor and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to @ C.F.R. Part 200, as amended, including but not limited to: 7.8.1 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of $2,000 awarded by non- Federal entities must comply with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and §§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If applicable, the County must place a current prevailing wage determination issued by the Department of Labor in each solicitation, a copy of which is attached hereto as Exhibit "A" and made a part hereof. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not Page 17 of 33 apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the contractors must also comply with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The County must report all suspected or reported violations to the Federal awarding agency. (1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. 7.8.2 Contract Work Hours and Safety Standards Act (40 U.S.C. W701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each CONTRACTOR must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 7.8.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Page 18 of 33 Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 7.8.4 Clean Air Act (42 U.S.C. �7401-7671 q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387). CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act(42 U.S.C. 7401-7671 q.)and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—applies to Contracts and subgrants of amounts in excess of$150,000. 7.8.5 Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 7.8.6 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 7.8.7 Compliance with Procurement of Recovered Materials as set forth in 2 CFR � 200.322. CONTRACTOR must comply with section 6002 of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 7.8.8 Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR � 200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential Page 19 of 33 component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 7.8.9 Domestic preference for procurements as set forth in 2 CFR �200.322 The COUNTY and CONTRACTOR should, to the great extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. Other Federal and FEMA Requirements (as applicable) 7.8.10 Americans with Disabilities Act of 1990, as amended (ADA). The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 7.8.11 Access to Records. Contractor/Consultant and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security (DHS) and the Federal Emergency Management Agency's (FEMA) access to records, accounts, documents, information, facilities, and staff. Contractors/Consultants must: (1) Cooperate with any compliance review or complaint investigation conducted by DHS; (2) Give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be Page 20 of 33 necessary, as required by DHS regulations and other applicable laws or program guidance; and (3) Submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 7.8.12 DHS Seal, Logo and Flags. Contractor shall not use the Department of Homeland Security seal(s), logs, crests, or reproduction of flags or likeness of DHS agency officials without specific FEMA approval. 7.8.13 Changes to Contract. The Contractor understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the County and Contractor. 7.8.14 Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. 7.8.15 No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the COUNTY/non- Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 7.8.16 Program Fraud and False or Fraudulent Statements or Related Acts. The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. 7.8.17 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. 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. Page 21 of 33 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. 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 Page 22 of 33 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: a) Drawings: Pigeon Key Honeymoon Cottage and Commissary Building Hurricane Repairs pages: A0.0, A1.0, D1.1, A1.1, A1.2, A2.1, A2.2, A3.1, A3.2, A4.1, A5.1, A6.1, A8.1, MP1.1, E0.0, E0.1, E0.2, E1.0, E1.1, LS1.1, S0.1, S1.1, S1.2, and S2.1 dated October 15, 2019. b) Project Manual: Specifications for Pigeon Key Honeymoon Cottage and Commissary Building Hurricane Repair dated October 2019. 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 Request for Proposals. 9.1.4 The Addenda, if any, are as follows: Number Date # of Pages 1 1/6/21 1 plus updated plans 2 1/8/21 1 3 1/20/21 50 This Agreement is entered into as of the day and year first written above and is executed in at least one (1) original copy. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Page 23 of 33 4, ry -t : �y the Contractor must be by a person with authority to bind the entity. a'A @� i , f G, OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED. ei »i" BOARD OF COUNTY COMMISSIONERS '-_,..>,.$ Madok, Clerk OF MONROE ems . w_ By: Deputy Clerk Mayor/Chairman Date r7, 't-. � ..mace ... %.:.o"'n�...arra (SEAL) - ay; ate: 3-29am1 CONTRACTOR'S Witnesses Attest: CONTRACTOR: RAZORBACK, LLC Contractor must provide two witnesses ��� / signatures Signature !�— o�Hr //// Signaturef M.IA.I- L v�LA-c-U— Print Name: �/JpN f��(�(�S Print Na 1'T1 /l Title: /97Glf.'/ Date: 311 I ar a i Date: oc- /-ao and 3 Signature: L�P7�d (/L�- o ._� MTo//n5rahr 'Print Name: Mari rick ='" a Date: 2/1/2021 ..' i STATE OF rje-so-rOpt. , COUNTY OF Rx4tu ppi ^' On this r day of rEHAuAlLy , 204, before me, the utndersigned notary 00blic, by means ofg physical presence or 0 online, personally appeared f}NrKONy WY.tGS known to me to be the person whose name is subscribed above or who produced Ic&IoN..In1 To ME as identification, and acknowledged that f/she is the person who executed the above contract with Monroe County for PIGEON KEY HONEYMOON COTTAGE AND COMMISSARY BUILDING HURRICANE R 1 S for the purposes therein contained. Notary Public I L,f. Print Name I-E4a- ex- 13 - rS 47MAES My commission expires: (Seal) CA:11 Heather B. Starnas ; Comm.1GG353611 Expires:July 10,2023 Bonded Thru Aeon Nolan/Page 20 of 33 GENERAL REQUIREMENTS Where Project Management is Not a Constructor Section 00750 General Conditions Section 00970 Project Safety and Health Plan Section 00980 Contractor Quality Control Plan Section 01015 Contractor's Use of the Premises Section 01027 Application for Payment Section 01030 Alternates Section 01040 Project Coordination Section 01045 Cutting and Patching Section 01050 Field Engineering Section 01200 Project Meetings Section 01301 Submittals Section 01310 Progress Schedules Section 01370 Schedule of Values Section 01385 Daily Construction Reports Section 01395 Request for Information— (RFI) Section 01410 Testing Laboratory Services Section 01421 Reference Standards and Definitions Section 01500 Temporary Facilities Section 01520 Construction Aids Section 01550 Access Roads and Parking Areas Section 01560 Temporary Controls Section 01590 Field Offices and Sheds Section 01595 Construction Cleaning Section 01600 Material and Equipment Section 01630 Post-Proposal Substitutions Section 01640 Product Handling Section 01700 Contract Closeout Section 01710 Final Cleaning Section 01720 Project Record Documents Section 01730 Operation and Maintenance Data Section 01740 Warranties Page 25 of 33 EXHIBIT Davis Bacon Wages Page 26 of 33 "General Decision Number : FL20210022 01/22/2021 Superseded General Decision Number : FL20200022 State : Florida Construction Type : Building County: Monroe County in Florida . BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories) . Note : Under Executive Order (EO) 13658, an hourly minimum wage of $10 . 95 for calendar year 2021 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1 , 2015 . If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10 . 95 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2021 . If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5 . 5 (a) (1) (ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate) . The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5 . 1 (a) (2) - ( 60 ) . Additional information on contractor requirements and worker protections under the EO is available at www. dol . gov/whd/govcontracts . Modification Number Publication Date 0 01/01/2021 1 01/22/2021 Page 27 of 33 ELEC0349-003 09/01/2020 Rates Fringes ELECTRICIAN . . . . . . . . . . . . . . . . . . . . . . $ 36 . 36 11 . 82 ----------------------------------------------------------- ENG10487-004 07/01/2013 Rates Fringes OPERATOR: Crane All Cranes Over 15 Ton Capacity. . . . . . . . . . . . . . . . . . . . $ 29 . 00 8 . 80 Yard Crane, Hydraulic Crane, Capacity 15 Ton and Under . . . . . . . . . . . . . . . . . . . . . . . $ 22 . 00 8 . 80 ----------------------------------------------------------- IRON0272-004 10/01/2020 Rates Fringes IRONWORKER, STRUCTURAL AND REINFORCING . . . . . . . . . . . . . . . . . . . . . . $ 25 . 79 13 . 34 ----------------------------------------------------------- PAIN0365-004 08/01/2020 Rates Fringes PAINTER: Brush Only. . . . . . . . . . . . . $ 20 . 21 11 . 83 ----------------------------------------------------------- * SFFL0821-001 01/01/2021 Rates Fringes SPRINKLER FITTER (Fire Sprinklers) . . . . . . . . . . . . . . . . . . . . . . $ 29 . 88 20 . 27 ----------------------------------------------------------- SHEE0032-003 12/01/2013 Rates Fringes SHEETMETAL WORKER (HVAC Duct Installation) . . . . . . . . . . . . . . . . . . . . $ 23 . 50 12 . 18 Page 28 of 33 ----------------------------------------------------------- SUFL2009-059 05/22/2009 Rates Fringes CARPENTER. . . . . . . . . . . . . . . . . . . . . . . . $ 15 . 08 5 . 07 CEMENT MASON/CONCRETE FINISHER. . . $ 12 . 45 0 . 00 FENCE ERECTOR. . . . . . . . . . . . . . . . . . . . $ 9 . 94 0 . 00 LABORER: Common or General . . . . . . $ 8 . 62 0 . 00 LABORER: Pipelayer . . . . . . . . . . . . . . $ 10 . 45 0 . 00 OPERATOR: Backhoe/Excavator . . . . . $ 16 . 98 0 . 00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) . . . . . . . . . $ 9 . 58 0 . 00 OPERATOR: Pump . . . . . . . . . . . . . . . . . . $ 11 . 00 0 . 00 PAINTER: Roller and Spray. . . . . . . $ 11 . 21 0 . 00 PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . . . $ 12 . 27 3 . 33 ROOFER: Built Up, Composition, Hot Tar and Single Ply. . . . . . . . . . . . . . . . . . . . . . . $ 14 . 33 0 . 00 SHEET METAL WORKER, Excludes HVAC Duct Installation . . . . . . . . . . . $ 14 . 41 3 . 61 TRUCK DRIVER, Includes Dump and 10 Yard Haul Away. . . . . . . . . . . . $ 8 . 00 0 . 15 ----------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental . ----------------------------------------------------------- Note : Executive Order (EO) 13706, Establishing Paid Sick Leave Page 29 of 33 for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017 . If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year . Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www. dol . gov/whd/govcontracts . Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5 . 5 (a) (1 ) (ii) ) . ----------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type (s) of construction in the area covered by the wage determination . The classifications are listed in alphabetical order of ""identifiers" " that indicate whether the particular rate is a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate (weighted union average rate) . Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or " "UAVG" " denotes that the union classification and rate were prevailing for that classification in the survey. Example : PLUM0198-005 07/01/2014 . PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, Page 30 of 33 which in this example would be Plumbers . 0198 indicates the local union number or district council number where applicable, i . e . , Plumbers Local 0198 . The next number, 005 in the example, is an internal number used in processing the wage determination . 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014 . Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate . Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification . As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates . Example : SULA2012-007 5/13/2014 . SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates . LA indicates the State of Louisiana . 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination . 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier . Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification (s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 1000 of the data reported for the classifications was union data . EXAMPLE : UAVG-OH-0010 08/29/2014 . UAVG indicates that the rate is a weighted union average rate . OH indicates the state . The next number, 0010 in the example, is an internal number used in producing the wage determination . 08/29/2014 indicates the Page 31 of 33 survey completion date for the classifications and rates under that identifier . A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ----------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1 . ) Has there been an initial decision in the matter? This can be : * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2 . ) and 3 . ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations . Write to : Branch of Construction Wage Determinations Wage and Hour Division U . S . Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2 . ) If the answer to the question in 1 . ) is yes, then an interested party (those affected by the action) can request Page 32 of 33 review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1 . 8 and 29 CFR Part 7) . Write to : Wage and Hour Administrator U . S . Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party' s position and by any information (wage payment data, project description, area practice material, etc . ) that the requestor considers relevant to the issue . 3 . ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to : Administrative Review Board U . S . Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4 . ) All decisions by the Administrative Review Board are final . ----------------------------------------------------------- END OF GENERAL DECISION" Page 33 of 33 PIGEON KEY HONEYMOON COTTAGE AND COMMISSARY BUILDING HURRICANE REPAIRS SECTIQN 00120 NON-COLLU:S,ION AFFIDAVIT Anthony Houllis 0 ' of the city TarE2a b prrngs, �2 according to law on my oath, and under penalty of perjury, depose and say that: I. I a n-i mGRm of the firm of Razorback LLC the proposer wakIng the Proposal for the project described in the noti,ce for Galling for pro,posals for, y nd Coirrimlssary, L diq Hyrricane'Rppaif, _y, _A_ Arid that I executed the said proposal with full authority to do so; 2, The prices in this proposW have been arrived at independently without collusron, consult. lion communication or agreement for the purpose of restricting conipefition, as to any matter relating to such prices with any other proposer or with any conTipentor, and I Urilless othermse required by law, the prices which have been quoted in this prop sal have not been knowingly disclosed by the proposer and will, noll knowingly be disclosed by the proposer pnor to proposal opening, directly or indirectly, to any other proposer or to any competitor, and 4. No attempt has been made or will be rnade by the proposer to induce any other person, partnership or corporatmn to submit, or not to submit, a proposal for the purpose of restrictir-ig compefitionr and 5. The staten,ients contained in this affidavit are, true and car-recl and wiade with full knowled e qf sw p�ojjct, 1/27/2021 fSignalureref Proposer) (Date) STATE OF: l-londa C()UNTY OF SUb,licribed and sworn to (or affirrned) before rne, by means of -P hysitai presence or onfirie notarization, on 2- (date) by (narne of affiant). He/She isper% S _,qnafly J�Liovojto rpe or hats produced t n (type of ident�, ideritrficaflon Heathef B. Stafrias Comm,#GG353101 NO Rif P�IJBI-ld Ex ker,Jlu� 10,2023, (,SEA... tow, ion amn, NOWY cornt'nssion expires PROPOSAL FORNI 001210- Pag,(,� 31 of 274 PIGEON KEY HONEY M01ON COTTAGE AND COMMISSARY BUILDING, HURRICANE REPAIRS LOBBYING AND CONFLICT OF INTEREST USE. SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE Razorback I-LC (Company) warrants that heIrt has not erriployed, retained or otherwise had act on Ns,�its beI-ialf arry former COL111ty officer or employee in; vrolafion of SeDon 2 of Ordinance No, 010-1990 or any County officer or ernployee fin violation of Section 3 of Orr trance No. 010-1990, For breach or violation of this provislon the County mlay', in its discretion. tern-iinate this contract wlthout liability and may akcj, in its discretion, deduct frorn the contract or purchase price, or otherwise recover, the full amount of any fee, corer n[ssmn, percentage, gift, or consideration p to the former County officer or employee". (Signature) Date 1/27/2021 S'TATE OF, F Ionda COUNTY OFL Pinellas Subscribed and sworn to (or a ""ied) before rne, by means of 111'p"hysical presence or online notarization, on a 1,e) by (name of affiant). HejShe is personally known to me or has pmduced t (type of identjfq� ' thornVas identification. ",-7, CDTARY P[-),&IC Heather 8, Stamu Comm,#GG353611 My commission expires�, EX w,e$:J1 10,2023 v* -F R,5 7DO S A L F 0 R M 00 12 0- Page 32 of 274 PIGEON KEY HONEYMOON COTTAGE AND COMMISSARY BUILDING HURIRJCANE REPAIRS DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Fiorida Statute, 287,087 hereby certifies'll-rat Razorback" LLC (Name of Busmess) 1 PUbtishes a statement notifying ernployees that the UnlaWfUl MonUfacture, dr sin bubon d5spensmg, possession or use of a controiled substance is prohibited in the workplace and sp(cifying the acljons !hat will be taken against employees for violations of'sirAch prohibition 2L 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 iniposed upon ernpl,oyees for drug abuse violations, 1 Gives eadi,ternployee engaged in providing the commochhes or contractual services Mal: are under proposal a copy of the statement specified insuoseciron (1). 4, in the statemient, specdied in subsection (I:, notifies 11he emoloyees that, as a rendition of working on the corrinnodifies or contractualservices that are urider proposal,the employee will abide by the ternns of the statement and will notify the ernployer of any conviction of', or Pisa, of guilty or nolo contendere to- any violation of Chapter 893(Florida Statutes)or of any controlled SUbsl'ance law of the Unitea States or any slate for a violation accurirtng m, the workplace no laler than five (5) days aft el' SUch convwhon 51 imposes a sanction oin, o require the satrsfactory participation in a drug abuse assist nc r, rehabilitation program ff sorin, is available in the employee's con-m"'lUnity or,.any employee who is so ccinvMed 15. Makes,a good faith effort to continue to i-maintain, a, drug free,workplace through irnpreartentation of this section. As the person aumonzed to sign the staternent, I certtly that this firm comp es f:L,)Iiy wwth Me above requrenienls, ti it", Proposer's Signature 1 2 7/2 021 1 Date STATE OF" FIoridri COUNTY 01'-'. Pinellas Subscirrbed and swo n to (or affrrinieM before me, by means of ---'-j5hys1'qaJ presInce o� onfine notarization, on I V Lte) -�> (narneofaffiant,�, It rd2 bv I ik VA . He/She is personally known to me or has produced 0 4'1ypgof1jd ntificauon) us idea if NOTARY kBUC (. flHii Ba StBMSS My cornroissior-, expu'es F� JU 10'.2023 00120, Page 33 of 274 Boni:ed TICLiNlift NOWIl' PIGEON KEY HONEYMOON COTTAGE AND COMMISSARY BUILDING HURRICANE REPAIRS PUBLIC ENTITY CRIME STATEMENT 'A person or affiliate who has been placed on the, convicted vendor list following a con,�LjCtion for public entity crime may not submit a bid on a contract to provide any goods or services to .9 public entity, may hot Submft a bird on a contract with a public entity for the construction or repair of a public bridding or public work, may not submit bids on leases of real proper-ty to public entity, may not be awarded or perform work as a contractor, supplier, subcontr@ctor, or CONTRACTOR', under a contract with any, public entity, and may not transact business, wfth any public entity in excess of the threshold arnount provided in Section 287,017, Flodda St;Autes. for CATEGORY '711A10for a period of 36, mor-iths front the date of being plod it the convicted vendor list,-' I have read,the above and state that nelither Razorback LLC (Proposer's narne) nor any Affiliate has been placed on the convicted vendor list within the last thidy-six (36) rnonths. (Sigrla'Wre) Date: 1/27,12021 STATE OF Florida COUNTY O-L Pilneellis Subscribed and sworn to (or of urn befr,)re rne, by means of i physical presenc,e or Li onlirle, notarization, on ";C) (d a r e) by CVk'LA (narne of affiant), kle/She is perS0n81[y I known to me, or has produced u ....... (type of rdentrfi W4oni,as Hardw B, Stamas A07ARY lc fir: ,Xiol"ns: Ju 10:,2023 My comnlission expires T�' Lon Notary PROPOSAL i-ORM 0,0 120- Page 34 of 274 PIGEON KEY HONEYMOON COTTAGE AND COMMISSARY BUILDING HURRICANE REPAIRS 'VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Descriptjon(s): Pigeon Key Honeynnoon Cottage and Corrimissary Building Hwricane Repairs Respondent Vendor Name: Razorback LLC VendorFEIN 26-3447303 Vendor's Authorized Representative Name and Title, AnthjQyH ufjs, MGRfyI,---_ Address 276 Knollwood Road City 7farpon Springs State, Florida L7lp-' 34688 - Phone NUrnber 727-938'.9500 Ennail Address-, Aiithony@razorbacivllc.com ,Section 287.135, Florida Statutes prohibfts a company from bidding on, subr-niffing a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725- Florida Statutes or is engaged in a Boycott of Israel, Section 287.135, Florida Statutes, also prohibits a company firot-n bidding on, subrifiitling a proposal for, or entering into or renewing a contract for good's or services of $1 000.000 oi more, that are on either the SGRAillized Companies with Activibes 41 Sudan List or the Scrutinized Corfipames with Activities in the Irari Petroleurn Energy Sector Lists, which were created pursuant to s. 215,4,73, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify thm the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of $1,000,000 or snore is not listed on either the Scrutinized Companies with AcUvrties in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, of engaged in business operations in Cuba or Syria. I understand that puirsuant to Sectiion 287,135, Florida Statutes, the submission of a false certification rnay subject company to civil penalties, attorney's fees, and/or costs, I 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 'on Sudan List or the Scrutinized Companies widi Activities in the Iran Petroleurn Energy Sector List or been engaged in business operafions in Cuba or.Syria. Certified By Antir'liony Houllis who is authorized to sign on behalf of the above refer aced co mpany,i Aufliohzed Signature,-I'�-r Print Name, Anthony 1-401-11119 1-itle, MG RM, Note' The List are available at the following Deparfrinent of Management Services Site: Sits ter d C� 11 S,T Vf lo r i d a r n/I( Y")LISiness "' s ,,smte pur,,,nasH tyis "ado SUS,,L) e!-i de d fit r m 1 i r, 0 Vej""(r .......... PROPOSAL FORM 00120- Pape 35 of 274 AGEON KEY HONEY SON COTTAGE AND COMMISSARYBUILDING HURRICANE REPAIRS d F� F: zoWa k LLC .to sath�nairdtd"t uat cN;aged by "a.'laritiaie Comm tltliWg Ti~ cotwprlmin �}l 'aaCrr ano,chtted shl3 We t5a,"Imv Ali€cW1aed project Wh ak onon, ss 4 In a ditlttCaf'44°r i.a'�tdtess �.nl tinge. asL1�`1�ifwd rdt �,unhon 2N 7t`1 l litt°Wa Raw as Or' i"W TIM is minca" y htasdriess cr4t,'il'ic, as deflited in `ectbmi 288,70a, 1,'lorkli'i Sta"alktki4. N. 28800313) Wkwirry efitorivise" nri ans CSBj wi'liiahh tt`l9°ess w,a,tncertt as tdx;°hV'J`ed in st31'asS'6:d'trin ohn ce behy"t whohi is owpanind to w°P19m4ge m coramuercial 41.yma tlonn, which t;adonIldled in h'46a,&and shichk k w iv~,ast by r6711'Y3;ry'hy pv1+:mm t",'I o mv meIYSben of ow K:.i:;W.'ty 9,grc$op that k ofa p-iSl`dicalcai racial,�nhI11c: o,r. gender,it akeutha or sashona ,wrr n, ,thkhti hu b"n w1kcasd liinrtia°At to ipwrada:tr,wativ>vry roue to rdcnwnc,t hors In and vurr Y that grea.ip r�'"aGi431S�.is an u1nl@t'Y''w pivas§im ation of corns'@tt laid' emaphies under the rgromll ,,cvAllrol, and "%,hri e Inaaaa;<enterrt and dot am vor TntdNd by wch po.;uus fin Jlillior'1tw bH&dni n e37t4"M114w may prairrur hl) arr�.ahc the pr.ac°tiaer W pr'olssairrt.0"r>!t=roup by, a rrttd'iirr rt) p ersovi drew Hari [na 3uck wasptam"h y as huaul't hs t1'w ry atalt of a trmmlail Intat; a utiFuaarWlracrr Ay paawnt in of aatrnrri rt:t prvr'Feaaia�"Ahldt as melmed rnur dbute Quo groups]8 dw cornfinh d towl ml us'so "luw o all meiifam o suk 15 h group exceeds 51 sutuCthm I jai`Im�aT-mLs of lhis miksuktuon.afire tsruiri °i'dawd nraliiclaw family>wa'sm"' mo uris one or itri.um chlldimn under 16 yen;w f no and pares`a Minh sl'rttd'I on or to i SRtCi,i. o tiwh parent i'eAdung, in dw same 1!4^N me or Snag ria'sdt'. p, S 2WtD 61"Ottal€h bwirru& uncrars an isaa3?openticW4 o,a"rucd QarWQi1towned burr tms cas mrr that cniphqs 2d.D or fe"cr permanent hulkthne winpliques and Wal.I,Tet1m;w h as a,llulu.cs. has a rwi tivouh�,-,f nulr rn ry Than V it"rGl&momany Rrait littwd IIi tUYkimm w incll lao a a,Slaaazlll WW5 AltfimsCi".tir3ot`§.x'Ndtflt.vea"tgtiaaWtroaf 1saVl'Itgli able ai-, wile sire $4 ,Wrd awr net "orcli req ufFenicuat AW i,s'clude NA pa°rwnM mid hIdsr cs, 1%nruraerlrs aw"jaigra lor" i'1IAI L fe fc;7 1` r�,= 1 Yd'k1laP9`rt E919Ca1I"lttaid€rt , wittix t<h;air RazatTack LL , t;l, l ,i. icr.,"..� NMtraNW cbui-Ily, INA u w:sr t'ta[Lrr syit.tiaJi'a' Pr dir N a'rne: Ar'jtl`on 1foLdhfi 1 d`dlllswae a:dms7a': Mr,Rr,A ! dt_ '(flAIR Dqsdrhw�uri'iat'.: 'a w u h ice{ `i l a; m0w: 276 Krlrpllwood Road trt'r;i;.lOr I at 1172021 PIGEON KEY HONEYMOON COTTAGE AND COMMISSARY BUILDING HURRICANE REPAIRS Certification Regarding Debarment, Suspension, Ineligibility Arid Voluntary ExcIUSion Contractor Covered Transactions i,1) The prospedove contraclor of the Rocipment-_ Monroe County ckirifies, by Of ,his dOCURIVuL that il flOr ItS I)WlClr.)Ifls 1, Presen F( Th-j�JT311—edl, SuSpendevd, propolm,,d Wr debarnrient, rJeclared On eligible, WVOiUtllaf'd'y E'XdUded from panidpatiort it] ftttEs transadion by any Fedr��,ral depailment r aqcncy 'a her ihe Rer;pero's conllfadOf ryS unaNe m cerfify prig the, ahave stategr-erit, the prospe-c"we conuaczor shalt aft-acri ar, expWrtation,10 CInis tbrm C 0 IN,T F��,A C T 0 Razorback LLC r e AnViony HoL,01rs Nr,,,m'i�- wd Title Divrsion Cowtac'l Nu�nber 2".16 Knollwood Roaa 1, Ad d dry s Fl"',JAA PioJed Nunibef Fl- Staf--a-Zl� �7;2021 ................. PIROPOSAL F'(DRM 00120- Page 37 of 274 PIGEON KEY HONEYMOON COTTAGE AND COMMISSARY BUILDING HURRICANE REPAIRS PROPOSER'S INSURANCE: AND I:NDEkINI,F,,'ICATIONSTA1'EMENI' INSURANCE REQUIREMENTS Work is Compensation Statutory Limits Ernp1loyers LrabiIfty $1.000.000 BodiIy Injury by Accident $1,0000,00 BodlIly Ini'LAry by Drsease Policy Limits $1,000,000 Bodily Injury by [.Xsease, each employee General Llab0ay, 'Mciuding S2,000.000 Combined Siingle Urnit Premises Operafions Products and Completed Operations, BlIanket C,Orl,traCtUal Liability Personaf Injury I. itability VeIrkle Liability fOwned, non-owned, and hired vehiclles,) $1,000,000 Cornbined S'H­igIci Lrrntt If split limits are preferred� $500,000 per Person $1,000M,D per Occurrence $100,000 Property Damage Federal Jones Act $11,000,000 US Longshoremen & HarborWorkers Act $11,000i000 Water Craft Liabilitv $1,000,000 Cornbined Single Limit Builder's Risk. Not Requiffed —he ontract shaill, require a Public Constfuctron bond equal to the ConU'aCt CroSt. The bond must be issued by An A rated surety company cloiing business in the State of Florida, The (3ontractor shall proviide a cerfified copy of the recorded payment and/or performance bond to the Owner pursuant to Fla, Stia,1 Sec— 255 05 Hold Harmless, Indemnification, and Defense. Notwithstanding any mimmurn insurance reqwrernents prescribed elsewhere in this Agin eernent, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and agamst ('0 any clamis, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (includirig death), loss, darrage, fine, penalty or business interruption, and (iii) any costs or expensesthat nlay be asserted against, inifiated with respect to, or somtaineri by any mxiernn fied f")arty by reason of, or in connection with, (A) any activity of Cor�tractor or any of its employees. agents, contractors or other invifees duhng the terni of this Agreement, (B) the, negligence or recklessness- intentionall wrongful miscoriduct, errors or other wrongful act or omr ssion of Contractor or any of its ernplovees. agents., sub=contractors or other invitees, or (C8 Contractor's INSURANCE REQUIREMENTS AND FORMS 0 0 136- Page 47 of 274 PIGEON KEY HONEYMOON COTTAGE AND COMMISSARY BUILDING HURRICANE REPAIRS default in, respect of arry of the obligations that it undertakes under the terms of this Agreernent, except to 'the extent the claims, acfions, Causes of action, litigation, proceedings,, costs of, expenses arise froirrithe intention,al or sole negligent acts or omissions of the COUNTY or any of its employees, agents, cointractors, or Invitees (other than Contractor). The monetary limitation of liability under this c.ontracl shall be not less Man $1 million per occurrence pursuant to Fla, State„ Sec, 725.06, Insofar as, the claims, actions, causes of action, litigation. proceedings, costs or expenses relate to events or Cii-CUrnstances that OCCUr, during the terni ol this Agreenrient, this section will survive the expoation: of the terrn 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 stispencted as a result of the Contractor s failure to purchase of, marnitain the required inNsurance, the Contractor shall indernrirty the County front any and all increased expenses resulting from such delay, Should any claims be asserted against the County by virtue. of any deficiency or ambigUrty in the plans and specifications provided by the Contractor, the Contractor agrees and Warrants that the Contractor shall hold the County harrnless and shall inclen,'inify it from all losses occurriing thereby and shall further defend any clarm or, acQon or, the Courity's betialf, The first ten dollars ($10, 00) of remuneration paid to the Contractor is for the i.ndemnification provided for the above, The extent of liability rs j:fi no way limited to reduced, or lessened by the insurance requirements contained elsewhere within this AGREEMENT 12AIVlSl,(--)N Indemnification To the fullest extent 1pern-rilled by law, the Contractor shall ii-rdemniify and hold harn'lless the State of Florida, Departrnenl of State, Division of Historical Resources, and its officers ar)d ernployees, from Irabilrties, damages, losses aind costs, including, but not hm-ited to, reasonable attorney's fees, to tne extent caused by the negligence, recklessness or intentional wrong,lul misconduct of the Contractor and persons employed or utitized: by the Contractor in the Performance of this Contract Federali Goverfir-nent anid NPS Indemnification "To the hillest extent permitted by taw. the Contractor shalt mdemnify and hold harmless the Federal Government of, trie National Park Service, and its officers,and employees, frorn liabilities. darnages, losses and costs, including, but not limited to, reasonable attorneys fees, to the extent caused by the neg]rgience, recklessness or intentional wrongful misconduct of the Contractor and persons employed of, utflized by the Contractor in the performance of thfs Contract. PROPOSER'S STA]"EMENT I understand the rnsurance that will be manclatory if awarded the contract and wilt comply in full with all of the reqLRrerrients herein.. 11 frilly accept fl-ie indeninificabon and hold harri-iless and dufty to defend as set OLA in this proposal. RazDrback LLC ITT PROPOSEIR Signature INSURANCE REQUIREMENTS AND FORMS 00 130- 1-`,age 48 of 274 PIGEON KEY HONEYMOON COTTAGE AND COMMISSARY BUILDING HURRICANE REPAIRS INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the proposer named above. The follomng deductibles apply to the corresponding policy, POLICY DEDUCTI,61-ES Generat Ljob ill ty (CGL0000135-01) $2,500 Per Occurrence AWu Uabtly $250 CornprehensWe/$500 Co'HisRon Excess babifty(CEL0000282-01) renton; --l-1-11.......... Uabfllty' policies are X --Occurrence Made SlaM & Associates Insurance 112 7/Z I Insurance Agency Signature End of Sechon 00120 INSURANCE REQUIREMENTS AND FORNIS 00 13 0- Page 49 of 274 Doc#2305302 Bk#3077 Pg#827 Electronically Recorded 2/23/2021 at 4:21 PM Pages 9 Filed and Recorded in Official Records of MONROE COUNTY KEVIN MADOK ElectronicallyREC: $78.00 Bond No. 3235666 Document A312 TM - 010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: SURETY: (Nance,legal status and address) (Name,legal slatcts and principal place of business) Razorback, LLC Great American Insurance Company 301 E 4th Street This document has Important legal 276 Knollwood Road Cincinnati, OH 45202 consequences.Consultation with Tarpon Springs, FL 34688 Mailing Address for Notices an attorney is encouraged with respect to its completion or 301 E 4th Street modification. OWNER: Cincinnati, OH 45202 Any singular reference to (Nacre,legal scants and address) Contractor,Surety,Owner or other party shall be considered Monroe County Board of County Commissioners plural where applicable. 500 Whitehead Street Key West, FL 33040 CONSTRUCTION CONTRACT Date: February 17, 2021 Amount:$ 738,000.00 Seven Hundred Thirty Eight Thousand Dollars and 00/100 Description: (Parcae and location) PIGEON KEY HONEYMOON COTTAGE AND COMMISSARY BUILDING HURRICANE REPAIRS BOND Datc: February 22, 2021 (Not earlier than Construction Contract Date) Amount.S 738,000.00 Seven Hundred Thirty Eight Thousand Dollars and 00/100 Modifications to this Bond: ® None Sec Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Razorback, LLC Great American Insurance Company Signature: Signature ' `` Name Name Kevin Wojtowlcz and Title: J�tS gam+ and Title: Attorney-in-Fact 1 (Any additional signatures appear-an the last page of this Performance Board.) (FOR INFORAMTTON ONLY—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Nielson,Wojtowicz, Neu &Associates (Architect,Engineer or other party.) 100C Central Avenue, Suite 200 St Petersburg, FL 33705 800-965-9597 S-1852/AS 8110 Doc.#2305302 Page Number: 2 of 9 §I The Contractor and Surety,jointly and severally,bind themselves,theirheiis,executors,administrators,successors and assigns to the Owner for the performance of the Construction Conti-act,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'Derault 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 O4\iicr,Contractor and Surety to discuss the Contractor's performance,If the Owner does not request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice,request such a conference.If the Surety timely requests a conference,the Owner shall attend.Unless the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten(10)business days of the Surety's receipt of the Owner's notice.If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract,but such an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;and ,3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. §4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent die Surety demonstrates actual prejudice. §5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions: §6.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; §5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; §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 surely 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 §6.4 Waive its tight to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the circumstances: Aftcr 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 5.4,and the Owner refuses the payment or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. S-1852/AS 8/10 Doc.#2305302 Page Number: 3 of 9 §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 Constnrction 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'ui the Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor. §8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond. §9 The Surety shall not he liable to the Owner or others for obligations of the Contractor that arc unrelated to the Construction Contract,and the Balance of the Contract Price skull not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs,executors,administrators,successors and assigns. §10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or pan of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within rwo years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first.It'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 Owncr 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 conforuming to such statutory or other legal requirement shall be deemed incorporated herein.When so finnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §14 Definitions §14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalfof the Contractor under the Construction Contract. §14,2 Construction Contract,The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents and changes made to the agreement and the Contract Documents. §14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. §14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. S-1852/AS 8/10 Doc.#2305302 Page Number: 4 of 9 §16 Modifications to this bond are as follows: (Space is provided below foi,additional signanwes of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corpoi-ate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address S-1 852/AS 8110 Doc.#2305302 Page Number: 5 of 9 Bond No. 3235666 Document A312 TIM — 2010 Conforms with The American Institute of Architects AIA Document 312 Payment and CONTRACTOR: SURETY: (Name,legal status and address) (Nanic,legal status and principal place of business) Razorback, LLC Great American Insurance Company 301 E 4th Street This document has important legal 276 Knollwood Road Cincinnati, OH 45202 consequences.Consuftatbn with Tarpon Springs,FL 34688 Mailing Address for Notices an attorney is encouraged with respect to its completion or 301 E 4th Street modification. OWNER: Any singular reference to (Maine, legal status and address) Cincinnati, OH 45202 Contractor,Surety,Owner or other party shall be considered Monroe County Board of County Commissioners plural where applicable. 500 Whitehead Street Key West, FL 33040 CONSTRUCTION CONTRACT Date: February 17, 2021 Amount:$738,000.00 Seven Hundred Thirty Eight Thousand Dollars and 00/100 Description: (Name and location) PIGEON KEY HONEYMOON COTTAGE AND COMMISSARY BUILDING HURRICANE REPAIRS BOND Date: February 22, 2021 (Not earlier than Construction Contract Date) Amount:$738,000.00 Seven Hundred Thirty Eight Thousand Dc1lars and 00/100 Modifications to this Bond: [N None See Section IS CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Razorback, LLC Great American l Insurance Company Signature: Signature: Name Name Kevin Wojtowicz and Title: kv�ho ir, "J and Title: Attorney-in-Fact (Any additional signatures appear on the last page of this Payment Bond.) (FOR IXFORVfATION ONLY—Monte,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Nielson, V\/ojtowicz, Neu &Associates (Architect,Engineer oi-other party.) 1000 Central Avenue, Suite 200 St. Petersburg, FL 33705 800-965-9597 S-2149/AS 8110 Doc.#2305302 Page Number: 6 of 9 §I 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 tinder 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. §5'1*hc Surcitys obligations to a Claimant under this Bond shall arise after the following: §5.1 Claimants,who do not have a direct contract with the Contractor, .1 have furnished amritten notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or performed,within ninety(90)days after having lust performed labor or last furnished materials or equipment included in the Claim; and ,2 have sent Claim to the Surety(at the address described in Section 13). §6.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Clain to the Surety(at the address described in Section 13), §6 If a notice of ran-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 written notice of non-payment under Section 5.1.1. §7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: §7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim,stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and §7.2 Pay or arrange for payment of any undisputed amounts. §7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement. If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thcrcaftcr to recover any sums found to be due and owing to the Claimant. §8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments madc 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. S-2149/AS 8110 Doc.#2305302 Page Number: 7 of 9 §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 die Construction Contract or to related subcontracts,purchase orders and other obligations. §12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date(1)on which the 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 were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received. §14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefirorn 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 die labor was done,or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was furnished for use in the performance of the Construction Contract, .4 a brief description of the labor,materials or equipment furnished-, .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; ,7 the total amount of previous payments received by the Claimant;and .8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim. 16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract.The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.The intent of this Bond shall be to include v4 thout 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 or 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. S-2149/AS 8110 Doc.#2305302 Page Number: 8 of 9 §16.4 Owner Default,Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §17 lf this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. §18 Modifications to this bond are as follows: 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)AND 255.05(1 0), ARE INCORPORATED IN THIS BOND BY REFERENCE. (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; (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address S-2149/AS 8/10 Doc.#2305302 Page Number: 9 of 9 GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET 0 CINCINNATI,OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FOUR Na 0 18486 POWER OF ATTORNEY KNOW ALL MIEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COM PANY,a corporation organized and existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and a w opoint the person or persons named below,each individually if more than one is named,its true and lawful attorney-in-fact,for it and in its name,place and stead to execute on behalf of the said Company,as surety,any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authoriry shall not exceed the limit stated below Name Address Limit of Power KEVIN WOJTOWICZ ALL OF ALL JOHN R NEU ST PETERSBURG,FLORIDA $1000000,000 DANiEL FRANK OAKS EILEEN C. HEARD "This Power of Attomey revokes all previous powers issued on behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 2ND day of JULY 2020 Attest GREAT AMERICAN INSURANCE COMPANY { a,.+l(frllS['llt'(tlll 011 St I!([P,l"d—t STATE OF OHIO,COUNTY OF HAMILTON ss VAaK VCAa�0te77-377-24051 On this 2ND day,of JULY 2020 ,before me personally appeared MARK VICARIO,to me known, being duly swom, deposes and says that he resides in Cincinnati.Ohio, that he is a DitISI t1a1 Senior Vice President of the Bond Division of Great American Insurance Company,the Crnnpam described in and which executed the above instrument,that he knmvs the seal of the said Company,that the seal affixed to the said instrument is such corporate seal that it was so affixed be authority of his office under the By-Laws of said Company and that he signed his name thereto by like authority SUSAN A KOHORST {= Notary Public f State of Ohio ' My Comm.Expires May 1a, 2025 This Power ofAttomey is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9,2008 RESOLVED That the Dn isional Preshlew, the sct°erol Dwiv ianol Senmui 4`ice Presklenrc, Dirisiunal Vice Preaidewr and Dti isonol As iNcmt lice Preealellf, ur am one a/117011, he cmd herebt is outlm1 iced.from time ro liar", to appuiw Dive w rnorr Mom" c-in-Fact to ev-,"we urt heholf nithe Cumpom. cis surety.ant and all horrds,tmdet takings uric(,Orm of rS of surer ship,of urher l,i irten ubligortoos in the nature there9l;lu prevc rihe their respective duties and the respective limits of their owhoi m and to revoke om such appuintnrent ut am tune RESOLI TL)FC/RTHER That the C'ompom seal and the signature of can of the aforesaid officers and urri Secretary of .Assistant Secretan of the Compam men be affi.red br farsurule to arrc port e)of altorn r et o cerr1rare oferther given fa'the execution of am bond u u undertaking contract ofsrenshtp or urher tcr6tten obligo,'m?in the nature thereul,such signcnure and sung when so used heing hereht adopted by the Componi to the of igmn ii signntto e of sac h officer and the original seal of the Compont to he valid and bmclmg up>art the Corupam high the same jw dce an effect us though nlum(alh offi.xed CERTIFICATION I,STEPHEN C BERAHA,Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9,200S have not been revoked and are now in full force and effect Signed and sealed this day of S1029AH(03/20) DATE(MKMDffYYY) CERTIFICATE EMI= LIABILITY INSURANCE 0211912021 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 germs and conditions of the policy,certain policies may require an endorsement" A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Mary Smith NAIVE: Stahl&Associates Insurance Inc. PHONE (813)$18-5300 (813)818-5396 AIG No, 3939 Tampa Road E-IMIL. mary_smith a stahlinsuranmcom ADDRESS: INSURERtS)AFFORDING COVERAGE NAIC I Oldsmar FL 34677 INSURER A. Clear Blue Specialty ins Co 37745 INSURED INSURER B: Owners Insurance Co 32700 Razorback LLC INSURER o: Westchester Surplus Lines Ins Co 10172 177 Anclote Road INSURER D: INSURER E: Tarpon Springs FL 34689 1JNSURERF- COVERAGES CERTIFICATE NUMBER: 20-21 EFF 2/4121 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 ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TOALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ALJL)L bULSKI POLICY EFF -POLICY EXP LTR TYPE OF INSURANCE INSD WVEI. POLICY NUMBER 'MMID M D LIMITS CO'fllMERCIALGENERALUABiLITY EACH OCCURRENCE $ 1,000,,000 CLAIMS-MADE I.�I OCCUR PREMISES Ea occaa�mence $ 100,000 MED EXP(Any one person) $ 5,000 A _a Y WCCNCGL000013501 07/08/2020 07/08/2021 1,000,000 PERSONAL it ADV INJURY 5 GEN'LAGGREGATE LIMITAPPUES PER: GENERALAGGREGATE $ .2,000,000 POLICY ®JECT LOC .PRODUCTS-Cf7MPlOPACG $ 2,000,000 OTHER: - s AUTOMOBILE LIABILITY _ _._ COMBINED SINGLE UMff S 1,000,000 Ea axadent X..ANYAUTO BODILY INJURY(Per person) s. B OWNED SCHEDULED Y 5181816000 06/1612020 06/16/2021 BODILY INJURY(Per accident) S AUTOS ONLY AUTOS HIRED NON-OWNED -PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per amdent PIP s 10,000 X'... UMBREU-AL14B X OCCUR EACH OCCURRENCE - _.S 2,000,000 _. A EXCESS LIAR CLAIMS-MADE WCCN-CEL-0000282-01 02104/2021 07/08/2021 AGGREGATE 5 2,000,000 ICED RETENTION$ s WORT RS COMPENSATION PER OTH AND EMPLOYER'S'LIABILITY } STATUTE ER ANY PROPRIETORIPARTNERIEXECU TIE :� BY t E L EACH ACCIDENT $ OFFICEIWEMBEREXCLUDED? NIA ""`?"��Z'" , ..._... (Mandatory in NH) DAB. a _El.DISEASF-EA EMPLOYEE $_ If yes,describe under - - DESCRIPTION OF OPERATIONS below � 4 E.L DISEASE POLICY LIMIT S Contractor's.Pollution Liability Aggregate $2,000,000 C Y G71154920003 07/08/2020 07108/2021 Each Pollution Condition $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached 9 more space is required) The Monroe County Board of County Commissioners,its employees and officials are included as"Additional Insured"on the General Liability,Auto Liability and Pollution liability policies as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE IMLL BE DELIVERED IN Monroe County Board Of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street - AUTHORIZED REPRESENTATIVE Rm.2-216 Key West FL 33040 , (b 1588-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF COVERAGE Certificate Holder Administrator Issue Date 3/3/20 UNITED STATES DEPARTMENT OF THE INTERIOR Florida League of Cities,Inc. NATIONAL PARK SERVICE Department of Insurance and Financial Services P.O.Box 530065 1849 C STREET,N.W. Orlando,Florida 32853-0065 WASHINGTON DC 20240 COVERAGES THIS IS TO CERTIFY THAT THE AGREEMENT BELOW HAS BEEN ISSUED TO THE DESIGNATED MEMBER FOR THE COVERAGE PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE COVERAGE AFFORDED BY THE AGREEMENT DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGREEMENT COVERAGE PROVIDED BY: FLORIDA MUNICIPAL INSURANCE TRUST AGREEMENT NUMBER: FMIT 0386 COVERAGE PERIOD: FROM 10/1/19 COVERAGE PERIOD: TO 10/1/20 12:01 AM STANDARD TIME TYPE OF COVERAGE-LIABILITY TYPE OF COVERAGE-PROPERTY General Liability ❑ Buildings ❑ Miscellaneous ❑X Comprehensive General Liability,Bodily Injury,Property Damage, ❑ Basic Form ❑ Inland Marine Personal Injury and Advertising Injury ❑ Special Form ❑ Electronic Data Processing ❑X Errors and Omissions Liability ❑ Personal Property ❑ Bond ❑X Employment Practices Liability ❑ Basic Form ❑X Employee Benefits Program Administration Liability ❑ Special Form ❑X Medical Attendants'/Medical Directors'Malpractice Liability ❑ Agreed Amount ❑X Broad Form Property Damage ❑ Deductible N/A ❑ Law Enforcement Liability ❑ Coinsurance N/A ❑X Underground,Explosion&Collapse Hazard ❑ Blanket Limits of Liability ❑ Specific *Combined Single Limit ❑ Replacement Cost Deductible N/A ❑ Actual Cash Value Automobile Liability Limits of Liability on File with Administrator ❑X All owned Autos(Private Passenger) TYPE OF COVERAGE-WORKERS'COMPENSATION ❑X All owned Autos(Other than Private Passenger) ❑X Statutory Workers'Compensation ❑X Hired Autos ® Employers Liability $1,000,000 Each Accident ❑X Non-Owned Autos $1,000,000 By Disease $1,000,000 Aggregate By Disease Limits of Liability ❑ Deductible N/A *Combined Single Limit ❑X $500,000 Self Insured Retention Deductible N/A Automobile/Equipment-Deductible ❑X Physical Damage Per Schedule-Comprehensive-Auto Per Schedule-Collision-Auto NA-Miscellaneous Equipment Other The limit of liability is$5,000,000(combined single limit)bodily injury and/or property damage each occurrence in excess of a self-insured retention of$200,000. This limit is solely for any liability resulting from entry of a claims bill pursuant to Section 768.28(5)Florida Statutes or liability/settlement for which no claims bill has been filed or liability imposed pursuant to Federal Law or actions outside the State of Florida. Description of Operations/Locations/Vehicles/Special Items RE:Evidence of Insurance for Restoration of the Pigeon Key Structures The certificate holder is hereby added as an additional insured,except for Workers'Compensation and Employers Liability,as respects the member's liability for the above described event. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE AGREEMENT ABOVE. Designated Member Cancellations Monroe County Board of County Commissioners SHOULD ANY PART OF THE ABOVE DESCRIBED AGREEMENT BE CANCELED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN NOTICE TO THE 1111 12th Street Suite 408 CERTIFICATE HOLDER NAMED ABOVE,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE PROGRAM,ITS AGENTS OR REPRESENTATIVES. Key West FL 33040 AUTHORIZED REPRESENTATIVE FMIT-CERT(10/2011) FATE(MMIDDIYYYY) ACOR" CERTIFICATE OF LIABILITY INSURANCE `� 7/1/202126/2021 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). CONTACT PRODUCER Loci-ton Companies NAME: 9110 E Union Avenue PHONE FAX Suite 700 E MAILo Ext: A/C,No Denver CO 80237 ADDRESS: (303)414-6000 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:National Union Fire ins Co Pitts.PA 19445 INSURED PeopleReady Florida,Inc. INSURER B:A1U Insurance Company 19399 1036745 1015 A.Street INSURER C:insurance Company of the State of PA 19429 PO Box 2910 INSURER D:American Home Assurance Company 19380 Tacoma,WA 98401 INSURER E:New Hampshire insurance Company 23841 00074886.5 INSURER F: COVERAGES CERTIFICATE NUMBER: 17385206 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DDIYYW W MMIDD/ YY A X COMMERCIAL GENERAL LIABILITY Y Y 1728914 7/l/2020 7/l/2021 EACH OCCURRENCE $ 3,000,000 � OCCUR DAMAGE TO RENTED CLAIMS-MADE PREMISES Ea occurrence) ccurrence $ 3,000,000 X SiR$2M Approved Risk Managerrent MED EXP(Any one person) $ XXXXXXX 7'�/L PERSONAL&ADV INJURY $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 6,000,000 X POLICY❑ PRO ❑ LOC 3-4-2021 PRODUCTS-COMP/OP AGG $ 3 000 000 JECT OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT N N 4594310(AOS) 7/1/2020 7/l/2021 Ea accident $ 5 000 000 A 4594309�MA) 7/1/2020 7/1//2021 C XANY AUTO 4594308 VA) 7/l/2020 7/12021 BODILY INJURY(Perperson) $ XXXXXXX OWNED SCHEDULED BODILY INJURY(Per accident) $ XXXXXXX ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ XXXXXXX AUTOS ONLY AUTOS ONLY Per accident $ XXXXXXX A X UMBRELLA LIAB X OCCUR N N 18895705 7/1/2020 7/1/2021 EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000 DED RETENTION$ $ XXXXXXX WORKERS COMPENSATION PER OTH- B AND EMPLOYERS'LIABILITY Y 45886593,45886597 7/l/2020 7/l/2021 X STATUTE ER I- ANYANY PROPRIETOR/PARTNER/EXECUTIVE 45886599 7/l/2020 7/1/2021 E.L.EACH ACCIDENT $ 1 000 000 D OFFICER/MEMBER EXCLUDED? N NIA 45886595 7/1/2020 7/1/2021 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A Excess Work Camp N N 6559376-QSI 7/1/2020 7/l/2021 SIR$350,000 each accident A USL&H **SEE ATTACHED** **SEEATTACHED** DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) THIS CFRTIFTCATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLDER,APPLICARLE TO THE CARRIERS LISTED AND THE.POLICY TERMS)REFERENCED. The above coverages apply only to temporary employees dispatched to do work on behalf of the Named Insured. RE:Monroe County Board of County Commissioners 1100 Simonton Sheet Room 2-216 Key.Razorback,LLC is included a Additional In,mued if required by written contract between the Named Insured and Razorback,LLC as respects General Liability. Waiver of Subrogation applies on General Liability and Workers Compensation if required by written contract,where pet missible by law.Jones Act,Maritime,and USL&H coverage for FL is provided under the TI'ucBlUc,inc.FL Policy 45886597. CERTIFICATE HOLDER CANCELLATION See Attachments 17385206 Monroe County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1100 Simonton Street ROOM 2-216 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Key West,nt 33 tre ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVEE,�.,�^ ©1988-20ACOR6 CORP TION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Attachment Code: D560220 Master ID: 1036745, Certificate ID: 17385206 USL&H Policy Numbers Effective Dates Carrier WC Statutory EL Limits 45886593 (AOS) 7/1/2020-7/1/2021 AIU Insurance Company $1,000,000 45866597 (FL) 7/1/2020-7/1/2021 AIU Insurance Company $1,000,000 45886595 (CA) 7/1/2020-7/1/2021 American Home Assurance Co. $1,000,000 45886599 (MA) 7/1/2020-7/1/2021 New Hampshire Insurance Co. $1,000,000 6559376 (QSI) 7/1/2020-7/1/2021 National Union Fire Ins. Co. of $1,000,000 Pittsburgh, PA Attachment Code: D563101 Master ID: 1036745, Certificate ID: 17385206 SCHEDULE OF NAMED INSUREDS TrueBlue, Inc. Affiliates' Centerline Drivers, LLC CLP Resources, Inc. Labor Ready, Inc. PeopleReady, Inc. PeopleReady Florida, Inc. Project Trade Solutions, LLC Spartan Staffing, LLC Spartan Staffing Puerto Rico, LLC TrueBlue, Inc. TrueBlue Enterprises, Inc. TrueBlue Energy and Industrial Services, LLC Venue Ready, LLC Job Rooster, Inc. Attachment Code: D550681 Certificate ID: 17385206 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement, effective 12:01 A.M. 7/1/2020 forms a part of Policy No. 1728914 By National Union Fire Ins Co Pitts. PA ADDITIONAL INSURED -WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION II -WHO IS AN INSURED, is amended to include as an additional insured: Any person or organization to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability caused in whole or in part: A. by your acts or omission in the performance of your ongoing operations; or B. in connection with your premises owned by or rented to you. However, the insurance provided will not exceed the lesser of: • The coverage and/or limits of this policy, or • The coverage and/or limits required by said contract or agreement. Attachment Code: D550685 Certificate ID: 17385206 POLICY NUMBER: 1728914 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART SCHEDULE Name of Person or Organization: ANY PERSON OR ORGANIZATION REQUIRING A WAIVER OF TRANSFER OF RIGHTS OF RECOVERY PURSUANT TO APPLICABLE WRITTEN CONTRACT OR AGREEMENT YOU ENTER INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV- COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or"your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. Attachment Code: D552813 Certificate ID: 17385206 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on inception date of the policy unless a different date is indicated below. (The following "attaching clause" need to be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 7/1/2020 forms a part of Policy No. 45886597 By: AIU INSURANCE COMPANY Premium INCLUDED We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. This form is not applicable in California, Kentucky, New Hampshire, New Jersey, North Dakota, Ohio, Tennessee, Texas, Utah, or Washington.