Item C04 C.4
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4 ' ' "tr, BOARD OF COUNTY COMMISSIONERS
County of Monroe
Mayor Michelle Coldiron,District 2
�1 nffllll Ma or Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
April 21, 2021
Agenda Item Number: C.4
Agenda Item Summary #7900
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Stan Thompson (305) 292-4524
n/a
AGENDA ITEM WORDING: Approval to award bid and execute an Agreement with Marino
Construction Group, Inc. in the amount of $234,000.00 for the Doors and Windows Replacement
project at the Historic Monroe County Jail in Jackson Square. The project is funded by grants from
the TDC and Division of Historical Resources.
ITEM BACKGROUND: The County is in the process of converting the old Historic Monroe
County Jail located in Jackson Square into a public museum. Monroe County has received a $1.2
million TDC grant and a State of Florida, Division of Historical Resources (DHR) grant in the
amount of$247,275.00 for this project.
Project Management issued an RFP for multiple repairs, which included demolition and air quality
abatement of the building. Three (3) bids for the repairs were received in December 2019, and came
in higher than expected. Due to the fact that this project is entirely grant funded, Project
Management reduced the scope of work in order to reduce costs and was given BOCC approval to
re-advertise the project in multiple phases to hopefully reduce costs and increase contractor
responses.
A Request for Proposals for only the Windows and Doors Replacement phase was issued and six (6)
bids were received on March 2, 2021. Project Management wishes to contract with the lowest
responsive, responsible bidder Marino Construction Group, Inc. This request is for approval to
award the bid and approve the Agreement with Marino Construction Group, Inc. in the amount of
$234,000.00.
PREVIOUS RELEVANT BOCC ACTION:
4/19/18 - BOCC approved submission of a grant with DHR.
6/14/19 - BOCC approved a Task Order with Bender & Associates Architects to create Phase I
construction documents.
8/21/19 - BOCC approved a Resolution affirming its support of developing the Historic Jail into a
museum.
10/16/19 - BOCC approved an Amendment to the Task Order with Bender & Associates to add an
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environmental assessment.
1/22/20 - BOCC approved a grant with DHR in the amount of$247,275.00.
4/15/20 - BOCC gave approval to reject all bids and re-advertise the project in a phased approach.
7/15/20 - BOCC approved contract with Sea Tech for the Roof Replacement phase of the project.
9/16/20 - BOCC approved contract with D.L. Porter Constructors for the Selective Demolition and
Mold, Lead, and Asbestos Abatement phase of the project.
10/21/20 — BOCC approved a Second Amendment to the Task Order with Bender & Associates to
include asbestos, lead and mold abatement testing oversight during construction.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Agreement- Historic Jail Door and Window Signed by Contractor
Insurance Bid Docs
Historic Jail Museum_Phase 1C_Notice of Intent to Award letter_03.04.21
Bid Tabulation Sheet pdf
FINANCIAL IMPACT:
Effective Date: 4/21/2021
Expiration Date: 180 days after NTP issued to achieve Substantial Completion
Total Dollar Value of Contract: $234,000.00
Total Cost to County: $0
Current Year Portion: $0
Budgeted: Yes
Source of Funds: 117-77040-530340-TM97362Y-530340 and
125-22027-530490-GM2005-560630
CPI: n/a
Indirect Costs: n/a
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: no If yes, amount:
Grant: Yes —TDC & DHR
County Match: Using TDC funds as County match for DHR grant
Insurance Required: Yes
Additional Details:
125-22027-530490-GM2005-560630
04/21/21 NEW COST CENTER ADDED $234,000.00
125-22027-530490-GM2005
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C.4
04/21/21 117-77040 - TDC BRICKS & MORTAR 117 $0.00
TM97362Y
Total: $234,000.00
REVIEWED BY:
Cary Knight Completed 04/05/2021 11:11 AM
Patricia Eables Completed 04/05/2021 12:21 PM
Purchasing Completed 04/05/2021 12:43 PM
Budget and Finance Completed 04/05/2021 1:19 PM
Maria Slavik Completed 04/05/2021 1:23 PM
Liz Yongue Completed 04/05/2021 2:41 PM
Board of County Commissioners Pending 04/21/2021 9:00 AM
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Agreement
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Between Owner and Contractor 0
Where the basis of payment is a STIPULATED SUM
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AGREEMENT
Made as of the 21st day of April, 2021
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BETWEEN the Owner: Monroe County Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
And the Contractor. Marino Construction Group, Inc.
A Florida For Profit Corporation
7025 Shrimp Road, Suite 2E
Key West, Florida 33040
For the following Project: MONROE COUNTY HISTORIC JAIL DOOR AND 0
WINDOW REPLACEMENT
Scope of the Work The Scope of Work shall include, but not be limited to, all work shown and listed in the Project
Drawings and Specifications. The Contractor is required to provide a complete job as
contemplated by the drawings and specifications, which are a part of this bid package. The
Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies,
permits, and any other means of construction necessary or proper for performing and completing
the Scope of Work, unless otherwise specifically stated. o
Monroe County Historic Jail Door&Window Replacement
The work of this project involves a significant historic site. Care is to be taken during demolition
and removal of the existing windows and doors from the site.
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The scope of work includes replacement of doors and windows at the south and west fagade of ,
the Historic Jail Building including concrete spalling repair as required to install new doors and
windows.
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Provide wood doors, complete in place with finish hardware installed. Finish trim attachments and
fastenings. Provide raised panel wood doors of the types, designs, and thicknesses shown on the
Door Schedule in the Drawings and to match the existing, original doors as identified by the
Architect. All doors shall be of solid (one-ply) construction. No laminations or veneers shall be
accepted. All doors shall be manufactured of antique heart pine, premium grade.
Concrete spalling repair will be required in order to complete the replacement. Scope of spalling
repair is at new doors and window locations only. Repair only the spalling within twelve(12)inches 0
of all sides of the new windows and doors.Windows are to be double-hung windows.
Refer to photographic details in the Specifications and/or on the Drawings for additional historic
preservation information and project requirements. All warranted items require submittal of the y
warranty to the Monroe County Project Manager upon Substantial Completion.
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All work activities must be undertaken with sufficient care to protect this historic resource and
must be supervised by personnel who are familiar with the Secretary of Interior's Standards for
Rehabilitation. No historic materials shall be removed from the site without prior approval of
Architect.
The ceilings of the first and second floors have just been painted with clear sealer, and shall be
protected from dust and debris during construction by masking or similar means. There is to be
exterior-mounted Lexan at all non-updated windows, except the north side of the building on the
east end,where the alley narrows down to 24"wide. Interior installation of Lexan panels are only
acceptable in this location. The Contractor shall save all repair mortar bags for verification of
quantities of all spalling repair, in the event the repair quantity of 21 cubic feet around each new
window opening and 19 cubic feet around each door opening exceeds the estimated quantity of U
repair. Do not discard bags until they have been counted and marked by the Architect or
owner. The Contractor will not be compensated for bags that are not verified.
Acquire all necessary permits. Include as a part of the contractor bid the cost responsibility for
any and all permit fees.
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Contractor shall supply all of the needed materials and hardware to complete the project and _
properly dispose of debris.
ARTICLE 1
The Contract Documents 0
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 0
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
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event of a discrepancy between the documents, precedence shall be determined by the order of .2
the documents as just listed. o
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: NIA
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date to be fixed in a Notice to Proceed issued by the
Owner.
The Contractor shall achieve Substantial Completion of the entire Work not later than One
Hundred Eighty (180) 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.
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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. o
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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 damaces 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 2
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 0)
"Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in cost or 2
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availability of materials, components, or services, market conditions, or supplier actions or .2
contract disputes will not excuse performance by Contractor under this Section. Contractor shall c
give County written notice within seven (7) days of any event or circumstance that is reasonably y
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 c
the County as the Owner's Representative may determine.
ARTICLES
Contract Sum 2
4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of 0
the Contract the Contract Sum of c
Two Hundred Thirty-Four Thousand and 001100 Dollars($234,000.00),
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
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4.3 Unit prices, if any, are as follows: �?
• Unit Price for each additional Cubic Foot of Concrete Repair(base bid assumes 21 cubic c
feet around each new window opening and 19 cubic feet around each door opening) 2
One Hundred Fifty-Four and 001100 Dollars
(Unit price per Cubic Foot of concrete—words)
$154.00 Dollars
(Unit price per Cubic Foot of concrete—numbers)
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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 c
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. 2
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5.2 The period covered by each Application for payment shall be one (1) calendar month 9
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
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invoices with supporting documentation that are acceptable to the Monroe County Office .2
of Clerk and Comptroller (Clerk). Acceptability to the Clerk is based upon generally o
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 0
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 y
for Payment.
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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
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 0
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; o
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
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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(50/6)will be withheld in accordance with Section 218.735(8)(a),
Florida Statutes.
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ARTICLE 6
Final Payment o
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: y
(1)Application and Certificate for Payment
(2) Continuation Sheet o
(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).
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B. Operating and maintenance data, instructions to the Owner's personnel.
C. Warranties, bond and guarantees.
D. Keys and keying schedule.
E. Spare parts and maintenance materials.
F. Electronic copies of approved submittals.
G. Evidence of payment and final release of liens and consent of surety to final
release (includes final release from all utilities and utility companies). o
H. Copies of either a Certificate of Completion or Certificate of Occupancy issued
by the City of Key West Building Department. 2
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ARTICLE 7
Miscellaneous Provisions
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7.1 Where reference is made in this Agreement to a provision of the General Conditions or •2
another Contract Document, the reference refers to that provision as amended or 0
supplemented by other provisions of the Contract Documents. y
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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 0
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 y
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 U
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 on a contract to provide any goods
or services to a public entity, may not submit a bid, proposal, or reply on a contract to
supply any goods or services to a public entity, may not submit a bid, proposal, or reply
on a contract with a public entity for the construction or repair of a public building or public �?
work, may not submit bids on leases of real property to public entity, may not be awarded
or perform work as a contractor, supplier, subcontractor, or consultant under a contract
with any public entity, and may not transact business with any public entity in excess of
the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of
thirty-six(36) months 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 0
accepted accounting principles consistently applied. Records shall be retained for a
period of seven (7)years from the termination of this Agreement or five(5)years from
the submission of the final expenditure report as per 2 CFR §200.333, 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 0
seven (7) years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this
Agreement were spent for purposes not authorized by this Agreement, or were •2
wrongfully retained by the Contractor,the Contractor shall repay the monies together 0
with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date 9
the monies were paid by the Owner.
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Right to Audit_ .2
Availability of Records. The records of the parties to this Agreement relating to the y
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 0
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 y
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.
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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 .2
prior to the institution of any other administrative or legal proceeding. c
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c) Severability. If any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected thereby; a
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and each remaining term, covenant, condition and provision of this Agreement shall •2
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.
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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 y
non-prevailing party, and shall include attorney's fees and court costs in appellate
proceedings.
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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 o
sessions between representatives of each of the parties. If the issue or issues are still
not resolved to the satisfaction of the parties, then any party shall have the right to
seek such relief or remedy as may be provided by this Agreement or by Florida law.
This Agreement is not subject to arbitration. This provision does not negate or waive
the provisions of paragraph 0) of this Section 7.6 or Article 8 concerning termination
or cancellation. o
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 2
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.
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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 y
determination by a court of competent jurisdiction that discrimination has occurred,
this Agreement automatically terminates without any further action on the part of any 0
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 VI of the Civil Rights
Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of 0
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) y
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 U
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 Vill of the
Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with �?
Disabilities Act of 1990 (42 USC §§ 12101 Note), as may be amended from time to
time, relating to nondiscrimination in employment on the basis of disability; 10)Monroe
County Code Chapter 14,Article 11,which prohibits discrimination on the basis of race,
color, sex, religion, national origin, ancestry, sexual orientation, gender identity or
expression, familial status or age; and 11) Any other nondiscrimination provisions in
any federal or state statutes which may apply to the parties to, or the subject matter
of, this Agreement.
k) Covenant of No Interest. County and Contractor covenant that neither presently has
any interest, and shall not acquire any interest,which would conflict in any manner or
degree with its performance under this Agreement, and that only interest of each is to
perform and receive benefits as recited in this Agreement.
1) Code of Ethics. County agrees that officers and employees of the County recognize
and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not c
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. .2
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m) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself, 9
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
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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 0
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 bread or violation of this
provision the County may, in its discretion, terminate this contract without liability and y
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
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 foram 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 0
Law in order to comply with this provision.
Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract, the
Contractor is required to:
0
(1) Keep and maintain public records that would be required by the County to 0
perform the service. —
(2) Upon receipt from the County's custodian of records, provide the County with 2
a copy of the requested records or allow the records to be inspected or copied 0
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
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C.4.a
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.
0
(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 o
Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the 2
Contractor keeps and maintains public records upon completion of the
contract, the Contractor shall meet all applicable requirements for retaining y
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 0
Contractor who fails to provide the public records to the County or pursuant
to a valid public records request within a reasonable time may be subject to
penalties under Section 119.10, Florida Statutes.
The Contractor shall not transfer custody, release,alter, destroy or otherwise
dispose of any public records unless or otherwise provided in this provision o
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 NO. 305-292-
3470, BRADLEY-BRIAN a@MONROECOUNTY-FL.GOV, y
MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH
STREET, SUITE 408, KEY WEST, FL 33040.
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p) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida .2
Statutes, the participation of the Contractor and the County in this Agreement and the y
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, 0
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 (n
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 -
individuals, entity or entities, have entitlements or benefits under this Agreement o
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. o
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 T)
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 E
counterparts, each of which shall be regarded as an original, all of which taken
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together shall constitute one and the same instrument and any of the parties hereto .2
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 0
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, y
contractors or other invitees during the term of this Agreement, (8)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) 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.
0
In the event that the completion of the project(to include the work of others) is delayed
or suspended as a result of the Contractor's failure to purchase or maintain the
required insurance, the Contractor shall indemnify the County from any and all
increased expenses resulting from such delay. Should any claims be asserted against
the County by virtue of any deficiency or ambiguity in the plans and specifications
provided by the Contractor, the Contractor agrees and warrants that the Contractor
shall hold the County harmless and shall indemnify it from all losses occurring thereby
and shall further defend any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the
indemnification provided for the above.
0
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, E
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recklessness or intentional wrongful misconduct of the Contractor and persons .2
employed or utilized by the Contractor in the performance of this Contract.
Ln
0
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. 0
y) Disadvantaged Business Enterprise(DBE) Policy and Obligation. It is the policy of the
County that DBEs, 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
Ch
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 DBEs have the opportunity to participate in the performance of
the Agreement. In this regard, all recipients and contractors shall take all necessary
and reasonable steps in accordance with applicable federal and state laws and
regulations to ensure that DBE's have the opportunity to compete and perform
contracts.The County and Contractor and subcontractors shall not discriminate on the
basis of race, color, national origin or sex in award and performance of contracts,
entered pursuant to this Agreement.
z) Agreements with Subcontractors. In the event that the Contractor subcontracts any or
all of the work in this project to any third party, the Contractor specifically agrees to
identify the County as an additional insured on all insurance policies required by the
County. In addition, the Contractor specifically agrees that all agreements or contracts
of any nature with his subcontractors shall include the County as additional insured.
aa)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 c
Project.
bb) 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 c
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. .2
c
cc) E-Verify System. Beginning January 1, 2021, in accordance with Fla. Stat., Sec.
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
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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 y
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 Fla. Stat., Sec. 448.095.
dd)Entire Agreement. This writing embodies the entire agreement and understanding
between the parties hereto, and there are no other agreements and understandings,
oral or written, with reference to the subject matter hereof that are not merged herein
and superseded hereby. Any amendment to this Agreement shall be in writing,
approved by the Board of County Commissioners, and signed by both parties before y
it becomes effective.
U
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 is deemed received
by Contractor when hand delivered by national courier with proof of delivery or by U.S.
Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery.
Notice shall be sent to the following persons:
For Contractor. Marino Construction Group
7025 Shrimp Rd., Suite 2E
Key West. Florida 33040
For Owner: Director of Project Management Assistant County Administrator, PW& E _
1100 Simonton St.. Room 2-216 1100 Simonton St.
Key West, Florida 33040 Key West, Florida 33040 c
7.8 The Contractor is also bound by the terms and conditions of the State-Funded Agreement
between The State of Florida. Department of State. Division of Historical Resources and
Monroe County Board of County Commissioners, Grant Number 20.h.sc. 100.022 for the
Project known as. "Monroe County Historic Jail".
ARTICLE 8 U
Termination or Suspension c
T)
8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General
Conditions,
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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 y_
notification to the Contractor.
0
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 c
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) y
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 2
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 U
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 U
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 c
287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of
Section 287.135(4), Florida Statutes, are met.
2
8.7 For Contracts of $1,000,000 or more, if the County determines that the c
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, E
the County shall have the option of (1) terminating the Agreement after it has given the 2
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Contractor/Consultant written notice and an opportunity to demonstrate the agency's .2
determination of false certification was in error pursuant to Section 287.135(5)(a), Florida
An
Statutes, or(2)maintaining the Agreement if the conditions of Section 287.135(4), Florida
Statutes, are met.
ARTICLE 9
Enumeration of Contract Documents
0
9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows:
2
a) Drawings: Door&Window Replacement pages A0.0, A0.1, A1.0, D1.1, D1.2, A1.1,
A1.2, A1.4, A2.1, A2.2, A3.1, A8.1, A8.2, A8.3, S0.1, S1.1, S1.2, S1.4, & S5.1 dated 0
November 15, 2020.
.c
b) Project Manual: Specifications for Monroe County Historic Jail- Door and Window
Replacement dated December 2020.
9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and 2
Contractor,
0
9.1.2 The General Conditions are the General Conditions of the Contract for Construction.
c
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the 2
Specifications dated December 2020 and Drawings Dated November 15, 2020.
0
9.1.4 The Addenda, if any, are as follows:
Number Date #of Pages
1 2/08/2021 1 -
2 2/10/2021 3
3 2/19/2021 5
This Agreement is entered into as of the day and year first written above and is executed in at
least one (1)original copy.
0
c
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
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Execution by the Contractor must be by a person with authority to bind the entity.
SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED. .N
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA
0
By: By:
As Deputy Clerk. Mayor/Chairman
Date
(SEAL)
0
U
CONTRACTOR'S Witnesses Attest: CONTRACTOR:
Marino Construction Group, Inc. Contractor must provide two wittses
signatures Signature:
b ` f
Signature: Print Name
Print Name: l G Title:
{{
Date: 1 ��I Date w�
and
0
Signature: ]
Print Name I r "
gate: ( a
STATE OF _ COUNTY OF n -
On this day of Cif _ 2021, before me, the undersigned notary public, by
means of physical presence or El online„ personally appeared
(name of affiant)known to me to be the person whose name is subscribed above or who produced
d§-identification, and acknowledged that he/she is the person who
executed the above' ntract w th Monroe Co ty for MONROE COUNTY HISTORIC JAIL DOOR
AND WIN 0 ICE ACEMf? T fp the rpc ses therein contained,
,r r t
r .®
Notary P�blic t Y f Print Marne R., ti t �,+�r p�y� Notary Public State of Florida 9a Megan E Rossi
A My Commission GG 121840
My commission expires � j - (Seal) OF 0- Expires0700gd2027 0)
sv
2
Page 19 of 20
tv
�AONIROE COUNTY ATTORNEY'S OFFICE
"&,�VEDAZ TOJt7RM
A.-a 1ST 7 Q RN Y
/��DATE: Packet Pg. 104
C.4.a
GENERAL REQUIREMENTS
c
Where Project Management is Not a Constructor
0
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 2
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 c
Section 01395 Request for Information—(RFI)
Section 01410 Testing Laboratory Services
Section 01421 Reference Standards and Definitions 2
Section 01500 Temporary Facilities
Section 01520 Construction Aids ca
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 c
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
2
c
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MONROE COUNTY HISTORIC JAIL DOOR AND WINDOW REPLACEMENT
SECTION 00130
INSURANCE REQUIREMENTS AND FORMS
CD
U
MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES
General Insurance Requirements for
Construction Contractors and Subcontractors c
Prior to the commencement of work governed by this contract (including the pre-staging of
personnel and material), the Contractor shall obtain, at his/her own expense, insurance as
specified in the attached schedules, which are made part of this contract. The Contractor will
ensure that the insurance obtained will extend protection to all Sub-Contractors engaged by the
Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance
consistent with the attached schedules.
T)
The Contractor will not be permitted to commence work governed by this contract(including pre-
staging of personnel and material) until satisfactory evidence of the required insurance has been
furnished to the County as specified below. Delays in the commencement of work, resulting from
the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not
extend deadlines specified in this contract and any penalties and failure to perform assessments
shall be imposed as if the work commenced on the specified date and time, except for the U
Contractor's failure to provide satisfactory evidence.
The Contractor shall maintain the required insurance throughout the entire term of this contract 2
and any extensions specified in any attached schedules.Failure to comply with this provision may
result in the immediate suspension of all work until the required insurance has been reinstated or
replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain c
the required insurance shall not extend deadlines specified in this contract and any penalties and
failure to perform assessments shall be imposed as if the work had not been suspended, except
for the Contractor's failure to maintain the required insurance.
The Contractor will be held responsible for all deductibles and self-insured retentions that may be
contained in the Contractor's Insurance policies.
The Contractor shall provide,to the County,as satisfactory evidence of required insurance,either:
0
Certificate of Insurance or A Certified copy of the actual insurance policy. y
However,the Contractor shall provide to County Project Management a valid Certificate of c
Insurance and a certified complete copy of any and all Builder's Risk Insurance Policies
and policies covering County-owned property with all endorsements, amendments,
exclusions and notice of changes to the policy.
On any and all Builder's Risk Insurance Policies and policies covering County-owned
property, the Monroe County Board of County Commissioners will be named as a named
insured,additional insured and loss payee.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
INSURANCE REQUIREMENTS AND FORMS 00130-Page 37 of 2111
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MONROE COUNTY HISTORIC JAIL DOOR AND WINDOW REPLACEMENT
All insurance policies must specify that they are not subject to cancellation, non-renewal, material
change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given
to the County by the insurer.
The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving
the Contractor from any liability or obligation assumed under this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be included
as"Additional Insured"on all policies, except for Workers' Compensation, c
Any deviations from these General Insurance Requirements must be requested in writing on the c
County prepared form entitled"Request for Waiver of Insurance Requirements"and approved _
by Monroe County Risk Management.
c
T)
0
0
c
2
0
U
0
0
0
INSURANCE REQUIREMENTS AND FORMS 00130-Page 38 of 218
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C.4.b
MONROE COUNTY HISTORIC JAIL DOOR AND WINDOW REPLACEMENT
WORKERS'COMPENSATION
INSURANCE REQUIREMENTS
FOR
MONROE COUNTY HISTORIC JAIL CD
DOOR AND WINDOW REPLACEMENT
BETWEEN
MONROE COUNTY, FLORIDA e
AND
Marino Construction Group,Inc.
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers'Compensation Insurance with limits sufficient to respond to the applicable state statutes
and the requirements of Florida Statutes, Chapter 440.
2
T
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
0
$1,000,000 Bodily Injury by Accident
$1,000,000 Bodily Injury by Disease, policy limits
$1,000,000 Bodily Injury by Disease, each employee
0
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
0
c
INSURANCE REQUIREMENTS AND FORMS 00130-Page 39 of 218
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C.4b
MONROE COUNTY HISTORIC JAIL DOOR AND WINDOW REPLACEMENT
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
MONROE COUNTY HISTORIC JAIL
DOOR AND WINDOW REPLACEMENT
BETWEEN
MONROE COUNTY, FLORIDA
AND
0
Marino Construction Group,Inc.
2
Prior to the commencement of work governed by this contract,the Contractor shall obtain General
Liability Insurance. Coverage shall be maintained throughout the life of the contract and include,
as a minimum:
0
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability c
• Personal Injury Liability U
The minimum limits acceptable shall be:
$500,000 Combined Single Limit c
U
0
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements. y
c
INSURANCE REQUIREMENTS AND FORMS 00130-Page 40 of 218
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C.4.b
MONROE COUNTY HISTORIC JAIL DOOR AND WINDOW REPLACEMENT
BUSINESS AUTOMOBILE LIABILITY
INSURANCE REQUIREMENTS
FOR
MONROE COUNTY HISTORIC JAIL CD
U
DOOR AND WINDOW REPLACEMENT
BETWEEN
MONROE COUNTY, FLORIDA
AND
0
Marino Construction Grout,Inc. -
Recognizing that the work governed by this contract requires the use of vehicles,the Contractor,
prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimum, liability coverage for:
0
• Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL) �i
If split limits are provided, the minimum limits acceptable shall be: o
$200,000 per Person 2
$300,000 per Occurrence
$200,000 Property Damage
0
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
0
0
INSURANCE REQUIREMENTS AND FORMS 00130-Page 41 of 218
Packet Pg. 110
C.4.b
MONROE COUNTY HISTORIC JAIL DOOR AND WINDOW REPLACEMENT
PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT
INSURANCE REQUIREMENTS
Worker's Compensation Statutory Limits
Employers Liability $1,000,000 Bodily Injury by Accident
$1,000,000 Bodily Injury by Disease
Policy Limits
$1,000,000 Bodily Injury by Disease,
each employee a
General Liability, including $500,000 Combined Single Limit
Premises Operations
Products and Completed Operations —
Blanket Contractual Liability
Personal Injury Liability 2
c
T
Vehicle Liability (Owned, non-owned, and hired vehicles) $300,000 Combined Single Limit
E
0
If split limits are preferred:
$200,000 per Person
$300,000 per Occurrence c
$200,000 Property Damage
Builder's Risk: Not Required
The contract shall require a Public Construction bond equal to the contract cost. The bond must
be issued by an A rated surety company doing business in the State of Florida. The Contractor
shall provide a certified copy of the recorded payment and/or performance bond to the Owner
pursuant to Fla. Stat. Sec. 255.05.
Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum insurance
requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and
hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless
from and against (i) any 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
INSURANCE REQUIREMENTS AND FORMS 00130-Page 42 of 218
Packet Pg. 111
C.4b
MONROE COUNTY HISTORIC JAIL. DOOR AND WINDOW REPLACEMENT
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 o
warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses n
occurring thereby and shall further defend any claim or action on the County's behalf. o
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. 2
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 o
the Contractor and persons employed or utilized by the Contractor in the performance of this
Contract. o_
PROPOSER'S STATEMENT
U
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all of the requirements herein. I fully accept the indemnification and hold harmless and duty
to defend as set out in this proposal.
Marino Construction Groin, Inc. � � :•� � o
PROPOSER Signature Kooz* ' y
0
INSURANCE REQUIREMENTS AND FORMS 00130-Page 43 of 218
Packet Pg. 112
C.4b
MONROE COUNTY HISTORIC JAIL DOOR AND WINDOW REPLACEMENT
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the proposer named above. The following
deductibles apply to the corresponding policy.
POLICY DEDUCTIBLES
0
General Liability _ $5,000.00 c
Auto $1,000.00
2
Workers Compensation N/A
0
Liability policies are X Occurrence Claims Made
0
AWA Insurance
Insurance Agency Signat re
0
U
0
0
0
End of Section 00120
INSURANCE REQUIREMENTS AND FORMS 00130-Page U of 218
Packet Pg. 113
C.4.b
Ae R® CERTIFICATE OF LIABILITY INSURANCE DATE(MM1ODIYYYY)F1/25/2021
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 pollcy(les)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this Certificate does not confer rights to the certlficate holder In lieu of such endorsements. E
PRODUCER Stacy Cook
AWA Insurance Agency PHONE FAX
13700 Six Mile Cypress Pkwy •239-418-1100 ,vc No):239-418-1164 0.
Suite#1 L : stacy0awainsurance.com
FtMyers FL 33912 INSURERS AFFORDING COVERAGE NAIC0 L-
INSURER A:Mt.Hawley Insurance Company 3797A
INSURED MARICON-01 INSURER B:Auto-Owners Insurance Company 18988
Marino Construction Group,Inc. Irlsualaac:FCCI Insurance Coma 10178 In
PO BOX 1706 0
KEY WEST FL 33041 INSURER 0:
INSURER E
INSURER F
COVERAGES CERTIFICATE NUMBER:1664932060 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ILTTR TYPE OF INSURANCE D UB POLICY NUMBER POLICY EFF MOUE EXP LIMITS
A X COMMERCIAL GENERALLIASILITY Y MGLO190655 5/12J2020 5/12/2021 EACH OCCURRENCE S1,000000
DAMAGE TO RENTtzu 4—
CLAIMS-MADE Q OCCUR PREMISES Ea occurrence S 50,000
MEDEXP(Any oneperson) 55,000
PERSONAL 8 AOV INJURY S 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE s , , 0
C RjaPOLICYFX
OTHER S 0
B AUTOMOBILE LIABILITY Y 524MO30-00 5/12/2020 5/12J2021 �mSINGLE LIMIT S 1,t10Q000
IX
ANYAUTO BODILY INJURY(Per person) SLVOWNED SCHEDULED
AUTOSON AUTOS BODILY INJURY(Per accident)nt) S
HIRED AUTOS ONLY E
AUTOS ONLY D PROPER accident)OA AGE S 0
S
A UMBRELLA LIAB X OCCUR MXL0427799 5/12/2020 5J12/2021 EACH OCCURRENCE S5.000,000
X EXCESS LIAR CLAIMS•MAOE AGGREGATE $5 000.000
DED I I RETENTIONS I S
C WQRV6RSCOMPENSATION WC010006223101 11/13/2020 11/13/2021 X MUTE ER
AND EMPLOYERS'LIABILITY _
Y
ANYPROPFUETORIPARTNERIFXECU71VE � N 1A E.L.EACH ACCIDENT S 1,000,000
QFFICER/MEMSEREXCLUDED?
(Mandatory to NH) E.L.DISEASE•EA EMPLOYEE $1,000,000
N yes.describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1 000 000 0
C Inland Madno.Commercial CM100030408-02 9/26/2020 9/26/2021 Rentecl&6aaed Equip 150,000 L)
U
0
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required)
Certificate holder is named as an additional insured.
0
0
0
0
In
0
CERTIFICATE HOLDER CANCELLATION
0
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 0
ACCORDANCE WITH THE POLICY PROVISIONS.
Monroe County BOCC
1100 Simonton St. AUTHaR1�DREPRESENTATIVE
Key West FL 33040
/--
01988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
Packet Pg. 114
C.4.c
County
BOARD OF COUNTY COMMISSIONERS
of Monroe � ,
( } �� Mayor Michelle Coldiron,District 2
f Mayor Pro Tem David Rice,District 4
The Florida Keys q d Craig Cates,District 1
Eddie Martuiez,District 3
Mike Forster,District 5 0
Monroe County c
Project Management Department
1100 Simonton Street
Key West, Florida 33040 2
0
U
3/4/2021 0
.9
Notice of Intent to Award a Contract
Request for Proposals for:
Historic Jail Doors and Windows
0
To Whom It May Concern: "!
ai
This letter will serve as notice of Monroe County's intent to award a contract at the i
4/26/2021 Board of County Commissioners Meeting to Marino Construction,who
was the lowest responsible bidder to the Request for Proposals for the Historic Jail
Doors and Windows Project.
Responses for the project were received by the Monroe County Purchasing Department
on 3/2/2021.
Sincerely,
Rob T u d o r 1-2021.0—1142 01
osoo
c
Rob Tudor zi
Project Manager
Project Management Department
CL
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Packet Pg. 115
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