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Item D1 D.1 `, County of Monroe y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron,District 2 �1 nff `_ll Mayor 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 July 21, 2021 Agenda Item Number: D.1 Agenda Item Summary #8457 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Breanne Erickson (305) 292-4427 n/a AGENDA ITEM WORDING: Approval of Change Order 41 to the Agreement with Sea Tech of the Florida Keys, Inc. for the Key Largo Community Park Repair project. Additional damages caused by Hurricane Irma were discovered upon commencement of construction. ITEM BACKGROUND: The Key Largo Community Park was significantly damaged by Hurricane Irma in September 2017. An Agreement with Sea Tech of the Florida Keys, Inc. was approved in July 2020, for the remaining repairs including replacement of several light poles/fixtures and other miscellaneous small repairs. Upon commencement of construction, it was determined that the electrical panel and breakers need to be replaced and it was also discovered that two (2) additional light poles/fixtures once stood at the west end of the park prior to Hurricane Irma and were missing and need to be replaced. Due to delays in permitting and the additional work, an additional 235 days need to be added to the contract. The additional costs is $35,809.67 for this Change Order 41. PREVIOUS RELEVANT BOCC ACTION: 6/20/18 - BOCC approved advertisement of any required solicitations or proposals for repairs, work, or services resulting from damage to County facilities as a result of Hurricane Irma and authorization to proceed with such repairs, work, and service. 7/15/20 — BOCC approved an Agreement with Sea Tech of the Florida Keys, Inc. for the repairs to the Key Largo Community Park. CONTRACT/AGREEMENT CHANGES: Additional repairs including replacement of the electrical breakers and panel and replacement of 2 more lighting poles STAFF RECOMMENDATION: Approval of Change Order 41 DOCUMENTATION: C0401—SeaTech_Key Largo Park signed contractor Packet Pg. 1378 D.1 Contract Sea Tech_EXEC_7.15.20 FINANCIAL IMPACT: Effective Date: 7/21/21 Expiration Date: 9/1/2021 (new substantial completion date) Total Dollar Value of Contract: $194,234.67 Total Cost to County: $9,711.73 Current Year Portion: $194,234.67 Budgeted: Yes Source of Funds: 125-0459110-530490-IRPG6464 CPI: n/a Indirect Costs: n/a Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: no If yes, amount: Grant: FEMA 90%; State 5%; County 5% County Match: $9,711.73 Insurance Required: Yes Additional Details: Original Agreement- $158,425.00; Change Order #1 - $35,809.67 Disaster Tracking #58647 125-0459110-530490-IRPG6464-530460 07/21/21 125-0459110 - HURRICANE IRMA $35,809.67 IRPG6464 REVIEWED BY: Kevin Wilson Completed 07/06/2021 1:56 PM Patricia Eables Completed 07/06/2021 2:58 PM Purchasing Completed 07/06/2021 3:08 PM Budget and Finance Completed 07/06/2021 4:22 PM Maria Slavik Completed 07/06/2021 5:56 PM Liz Yongue Completed 07/07/2021 9:31 AM Board of County Commissioners Pending 07/21/2021 9:00 AM Packet Pg. 1379 D.1.a ONROE COUNTY/ENGMERING/ PROJECT MANAGEMENT CONTRACT CHANGE ORDER PROJECT TITLE: CHANGE ORDER NO: 1 Key Largo Community Park Repair BOCC APPROVAL DATE: July 21, 2021 TO CONTRACTOR: CONTRACT DATE: July 15, 2020 CL SeaTech of the Florida Keys, Inc o 131 Palomino Horse Trail Big Pine Key, FL 33043 m The Contract is changed as follows: 0 m The original (Contract Sum) (Guaranteed Maximum Price)......... ..................................$158,425.00 Net change by previously authorized Change Orders...................................................$ 0.00 The (Contract Sum) (Guaranteed Maximum Price) prior to this Change order was.............$158,425.00 The (Contract Sum) (Guaranteed Maximum Price)will be(increased) (decreased) (unchanged) by this Change Order........$ 35,809.67 The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order is........$194,234.67 The Contract Time will be increased decreased unchanged b 235 days( ) ( ) ( g } y................................. y The date of Substantial Completion as of the date of this Change Order is..................... September 1, 2021 Detailed description of change order and justification: Upon commencement of construction it was discovered that the electrical panel and breakers were found to be severely damaged requiring replacement. Additionally, further research of the project site showed that CL two (2) additional light pales once stood at the west end of the park prior to Hurricane Irma. This change o order is for the replacement of the breakers panel and additional two lighting poleslfixtures at the park-The substantial completion date is beinq extended for 235 days due to the additional work and the delay in the contractor receiving permits at the beginning of the project The original substantial completion date was January 10, 2021. i This change Order is 22.6%of the original contract price. Not valid until sinned by Owner, Architect(if applicable), and Contractor ) i CONTRACTOR: 1 J SeaTec o the Florida Keys, Inc. Date BOARD OF COUNTY COMMISSIONERS (SEAL) OF MONROE COUNTY, FLORIDA ATTEST: KEVIN MADOK, CLERK By: By: Mayor/Chairperson As Deputy Clerk NROE COUNTY ATTORNEYS NE F E APPROVED AS TO FORM . B - 4.3ilY.tt if i [A Ll E DATE'- c-23-202:— Packet Pg. 1380 D.1.a Change Order Attachment per Ordinance No. 004-1999 • Change Order was not included in the original contract specifications. Yes ® No ❑ If Yes, explanation: The replacement of the electrical breaker, panel and two additional poles were CL not included in the original contract specifications as the issues were all discovered during o construction. • Change Order was included in the original specifications. Yes ❑ No m If Yes, explanation of increase in price: • Change Order exceeds$50,000 or 5%of contract price(whichever is greater). Yes ❑ No 0 If Yes, explanation as to why it is not subject for a calling for bids: 0 • Project architect approves the change order. Yes❑ No® N If no, explanation of why: No architect on project. CL 0 • Change Order is correcting an error or omission in design document. Yes ❑No Should a claim under the applicable professional liability policy be made? Yes❑ No® i Explain: i Packet Pg. 1381 D.1.a AIIIIIIIIIIIIIIIIII 3keQTe*h0"%1.0inc* OF THE FLORIDA KEYS BUILDING CONTRACTORS 5/26/2021 Monroe County Public Works Si Engineering Project Management Department Office: (305)295-4338 Cell: (305)395-8283 CL O Attn: Michael DeAngelis,Contract Manager Re: Key Largo Park Site Lighting Subject: Change Order#01 —Replace Electrical Panel and Install two light poles We hereby propose to furnish materials,equipment and perform the labor necessary to replace the m existing panel`B" , install two additional light poles and new conduit for one of the light poles in parking lot at the Key Largo Park. CONTRACTOR EXPENSES/DIRECT COSTS O 5% ITEM DESCRIPTION UOM QTY UNIT PRICE SUSTOTAL(S) 5%O/H 5%P MGMT TOTALS Sea Tech Supervision HR 56 $62.00 $3,472.00 $173.60 $173.60 $3,819.20 0 Asphalt Patch trench(2 Sea Tech laborers) HR 16 $96.00 $1,536.00 $76.80 $76.80 $1,689.60 Sea Tech Asphalt patch materials LS 1 $733.00 $733.00 $36.65 $36.65 $806.30 $0.00 $0.00 N Subtotal $5,741.00 $287.05 $287.05 $6,315.10 CL SUBCONTRACTOR WORK O CD 5% ITEM DESCRIPTION UOM CITY UNIT PRICE SUSTOTAL(S) 5%O/H 5%P MGMT TOTALS J Labor(2 electricians/12 ESM hours) HR 12 $96.26 $1,155.12 $57.76 $1,212.88 ESM Indoor Panel-board EA 1 $970.47 $970,47 $48.52 $1,018.99 Remove 2 existing concrete ESM bases/disposal EA 2 $1,870.00 $3,740.00 $187.00 $3,927.00 Install 2 new concrete W bases, ESM ground bar and wiring EA 2 $1,500.00 $3,000.00 $150.00 $3,150.00 Install 2 new light poles/S8 ESM lights EA 2 $1,800.00 $3,600.00 $180.00 $3,780.00 Asphalt cutting and trenching to install conduit for ESM the new light poles LS 1 $2,800.00 $2,800.00 $140.00 $2,940.00 Materials for two light poles, concrete bases and single Anixter headed lights LS 1 $12,025.00 $12,025,00 $601.25 $12,626.25 $0.00 $0.00 Subtotal $27,290.59 $1,364.53 $28,655.12 Page 1 of 5 Packet Pg. 1382 D.1.a P/P BOND ITEM DESCRIPTION TOTALS P&P Bond @ 2.5% $766.66 Subtotal $766.66 Overhead at 5% $287.05 Profit at 5% $287.05 Management at 5% $1,364.53 Taxes $72.79 CHANGE ORDER GRAND TOTAL $3S,80g.67 O All material is guaranteed to be as specified and the above work to be performed in accordance with the manufacturer's specifications and completed in a substantial workmanlike manner for the sum of- Thirty-Five Thousand,Eight Hundred Nine and 671100 Dollars............$35,809.67 Payment in full upon completion. of Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents,or delays beyond our control. Owner to carry fire,tornado and other necessary insurance upon above work. Workers Compensation and General Liability insurance on above work will be taken out by SEA TECH, INC. Note-This proposal may be withdrawn by us if not accepted within 30 days. O ACCEPTANCE OF PROPOSAL The above prices,specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work specified. Payment will be made as outlined above. N O Signature Date i i Page 2 of 5 Packet Pg. 1383 D.1.a Electrical Service in Miami .now 14760 SW 176th ST Miami, FL 33187 US +1 3059728461 info@electricalserviceinmiami.com Estimate ADDRESS ESTIMATE# 1125 Ryon La Chapelle DATE 05/11/2021 Sea Tech of The Florida Keys, o Inc 131 Palomino Horse Trail Big Pine Key, FL 33043 United States m m i c -ACTIVITY O I �I�;i i i F-A"ET AMOUNT 05/11/2021 Change and Extra Replace existing Electrical 12 96.26 1,155.12 0 work panel, re-connect all existing circuits and provide updated circuit identification. Labor(2 Electrician/ 12hrs) Materials and New Indoor Panel-board 150A/3 1 970.47 970.47T miscellaneous Phase/277-480V/42 space/ Vi 60A Main Breaker. CL SUBTOTAL 2,125.59 TAX 72.79 TOTAL $2,198.38 i Accepted By Accepted Date Packet Pg. 1384 D.1.a Electrical Service in Miami 14760 SW 176th ST Miami, FL 33187 US +1 3059728461 info@electricalserviceinmiami.com Estimate ADDRESS ESTIMATE# 1128 Ryon La Chapelle DATE 05/17/2021 Sea Tech of The Florida Keys, o Inc 131 Palomino Horse Trail Big Pine Key, FL 33043 United States m m ns DATE A TIVII'Y DeSCRIPTION QTY FATE AMOUNT, CJ 05/17/2021 Change and Extra Remove 2 existing concrete 2 1,870.00 3,740.00 0 work bases and dispose them Installations Install 2 new concrete bases, 2 1,500.00 3,000.00 Provide and Install ground bar, extend conduits and wiring for 2 new light poles. Installations Install 2 new light poles SB 2 1,800.00 3,600.00 Installations Asphalt cutting and trenching to 1 2,800.00 2,800.00CL install conduit for the new light o pole. Concrete or asphalt repair excluded. TOTAL Q;13,14V.Q Lighting poles and bases excluded. V+ r I Accepted By Accepted Date Packet Pg. 1385 D.1.a Page : 1 of 1 Expiration Date: 05/27/21 Quotation TO: Project info: ELECTRICAL SERVICE IN MIAMI Project: KEY LARGO COMMUNITY PARK ADDER 14760 SW 176 ST Job#: #LG-051721-182242 MIAMI FL, 33187 Bid Date: 05/17/21CL 0 Bid Time: 02:00 PM Quoter: Giovanni Elguezabal Type Quantity Vendor Description Unit or Lot# Unit Price Ext Price FL SALES TAX NOT INCLUDED m SB ADDER 1 LOT PRICE PER ATTACHED BILL OF Unit 9,395.000/EA 9,395.00 �? MATERIAL 0 BASES 2 CONCRETE BASE Unit 715.000/EA 1,430.00 0 U BASE FREIGHT 1 BASE FREIGHT Unit 1,200.000/EA 1,200.00 a CL CJ From: Total 12,025.00 #3863 MIAMI APS 11420 NORTHWEST 122ND ST MEDLEY FL 33178 , Notes Printed By: Giovanni Elguezabal We are pleased to'offer this quotation based upon the plans, null specifications, counts and bill of material as provided to us. All sales are subject to Anixter's Terms&Conditions of Sale found at https:/Mtww.anixter.com/en_us/resources/terms-of-sale.htmi. Sales to Packet Pg. 1386 D.1.b Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the 15t" day of July 2020 CL 0 BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 And the Contractor: Sea Tech of the Florida Keys Inc. 131 Palomino Horse Trail °3 Big Pine Key, Florida 33043 For the following Project: KEY LARGO COMMUNITY PARK REPAIRS i Scope of the Work i All repairs to be completed will be repaired like-for-like or in-kind to specifications and conditions before Hurricane Irma. If the like-for-like repairs do not meet current Monroe County building code, the repairs must be improved to meet current County building code. a Each item listed below is the captured visible damage, but when necessary repairs may U,i need extended surface coverage to make a uniform repair or replacement. Contractor must verify all measurements. 0 This scope of work is to include but not be limited to: • Court siding: Replacement of 14 each of fiberglass siding around multi-purpose court, including 1 dual use latch door, totaling 448 Square FT, 8 FT long x 4 FT high x 1.25 IN thick • Missing shingles: On covered shelters and concession stand, 6 each of 10 FT long x 10 FT wide pavilion asphalt roof shingles, totaling 600 FT • Athletic Equipment, 2 each of galvanized painted pull up bar support posts, 12 FT long x 4 IN in diameter • Athletic Equipment, 1 each of galvanized painted pull up bar, 4 FT long x 1 IN in diameter Page 1 of 31 Packet Pg. 1387 D.1.b • Replace Ten (10) light poles and fixtures that were destroyed with new replacements. Seven two-sided fixtures and three one-sided fixtures to be provided and installed (as specifically listed in the Design Specifications documents). o Lighting poles and fixtures are to be as specified in the Engineer designs, specifically to comply with all Dark Sky ordinances. Lighting to include seven (7) double-headed fixtures and three (3) single-headed fixtures, as described in the attached specifications. All new wiring to be pulled via the existing underground conduit. o Pour any and all missing concrete base pads and mount lamppost bolts to secure lighting poles and fixtures, to wind-resistant specifications. o o Contractor shall review drawings prepared by Jewitt Engineering, Inc. (Jeffery J. Jewitt P.E, LEED AP), dated 1/23/20. (3 pages; SE-1, SE-2 & SE-3) ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, LO 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 i insurance documentation, and Modifications issued after execution of this Agreement. The LU Contract represents the entire and integrated agreement between the parties hereto and LU 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. i ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: N/A ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the Owner. The Contractor shall achieve Substantial Completion of the entire Work not later than Sixty (60) calendar days after the date of commencement or issuance of a Notice to Proceed. The time or times stipulated in the contract for completion of the work of the Page 2 of 31 Packet Pg. 1388 D.1.b 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 o $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 0 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 geographicLO 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 LU "Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in cost or LU 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 i 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 One Hundred Fifty-Eight Thousand Four Hundred Twenty-Five and 00/100 Dollars ($158,425.00), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: N/A ARTICLE 5 Progress Payments Page 3 of 31 Packet Pg. 1389 D.1.b 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 in accordance with the Florida Local Government Prompt Payment Act, Section 218.735, Florida Statutes. 0 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. 0 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 progressLO ry payment shall be computed as follows: i 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of ten percent 10%. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be the net cost to the Owner, less Overhead, Profit and Documented Costs incurred prior to the change Request, as indicated in the corresponding line item in the Approved Schedule of Values for that line item as confirmed by the Director of Project Management.When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage; 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. Page 4 of 31 Packet Pg. 1390 D.1.b 5.7 Retainage of ten percent(10%)will be withheld in accordance with Section 218.735 (8)(b), Florida Statutes. 5.8 Reduction or limitation of retainage, if any, shall be as follows: Monroe County is exempt from and not subject to Florida Statutes, Section 255.078, "Public Construction Retainage". Reduction or limitation of retainage, if any, shall be reduced incrementally at the discretion of and upon the approval of the Director of Project Management. ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the o Owner to the Contractor when (1)the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment, and (2) a final approval for payment has been issued by the Director of Project Management. Such final payment shall be made by the Owner not more than twenty (20) days after the issuance of the final approval for payment. The following documents (samples in section 01027, Application for Payment) are required for Final Payment: 0 (1) Application and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion (4) Contractor's Affidavit of Debts and ClaimsLO ry (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). i B. Operating and maintenance data, instructions to the Owner's personnel. 0 C. Warranties, bond and guarantees. D. Keys and keying schedule. E 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). ARTICLE 7 Miscellaneous Provisions Page 5 of 31 Packet Pg. 1391 D.1.b 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 o 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 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 0 for the construction or repair of a public building or public work, may not submit proposals on leases of real property to public entity, may not be awarded or perform work as contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) monthsLO ry from the date of being placed on the convicted vendor list. i 7.6 The following items are included in this contract: a) Maintenance of Records. Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven (7) years from the termination of this Agreement or for a period of five (5) years from the submission of the final expenditure report as per 2 CFR §200.33, whichever is greater. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four (4) years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid to Contractor. 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 Page 6 of 31 Packet Pg. 1392 D.1.b 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, CL verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for seven (7) years after Final Completion. The County Clerk possesses the independent authority to conduct an audit of records, assets, and activities relating to this Project. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall 0 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 beLO ry governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial by jury. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. c) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 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 Page 7 of 31 Packet Pg. 1393 D.1.b non-prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. f) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of counsel. CL g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. h) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer 0 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. LO cv 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 LU 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 LU 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 U� no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits 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 Page 8 of 31 Packet Pg. 1394 D.1.b 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 CL 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 a 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 thatLO ry applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, i 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 or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual 0) 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 Page 9 of 31 Packet Pg. 1395 D.1.b 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 c 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 °3 purposes of investigation to ascertain compliance with such rules, regulations, and orders. cv 7. In the event of the Contractor's non-compliance with the nondiscrimination clauses LO of this contract or with any of such rules, regulations, or orders, this contract may i 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 i 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. i 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 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 E 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. Page 10 of 31 Packet Pg. 1396 D.1.b 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 CL other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. n) Public Records Compliance. Contractor must comply with Florida public records 0 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 andLO ry 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 i provision by the Contractor. Failure of the Contractor to abide by the terms of this LU provision shall be deemed a material breach of this contract and the County may LU 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. i 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 Page 11 of 31 Packet Pg. 1397 D.1.b 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 CL County, upon request from the County's custodian of records, in a format that c 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. 0 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. ALO n! 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 i penalties under Section 119.10, Florida Statutes. LU The Contractor shall not transfer custody, release, alter, destroy or otherwise LU dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. o) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the Contractor and the County in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of Page 12 of 31 Packet Pg. 1398 D.1.b immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. p) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. q) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory o 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. 0 r) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third- party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor theLO ry Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. s) Attestations. Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. t) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. u) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. v) Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other Page 13 of 31 Packet Pg. 1399 D.1.b 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. CL 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 0 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 therebyLO ry and shall further defend any claim or action on the County's behalf. i The first ten dollars ($10.00) of remuneration paid to the Contractor is for the LU indemnification provided for the above. LU The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. FDEM Indemnification To the fullest extent permitted by law,the Contractor shall indemnify and hold harmless the Agency, the State of Florida, Department of Emergency Management, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the (County) Agency's sovereign immunity. w) Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. Page 14 of 31 Packet Pg. 1400 D.1.b x) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. §200.321 (as set forth below), 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, o 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 businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: o, (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 LO to permit maximum participation by small and minority businesses, and women's i business enterprises; LU (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; LU (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. y) Agreements with Subcontractors. In the event that the Contractor subcontracts any or all of the work in this project to any third party, the Contractor specifically agrees to identify the COUNTY as an additional insured on all insurance policies required by the County. In addition, the Contractor specifically agrees that all agreements or contracts of any nature with his subcontractors shall include the COUNTY as additional insured. z) Florida Green Building Coalition Standards. Monroe County requires its buildings to conform to Florida Green Building Coalition standards. Special Conditions, if any, are detailed in Section 00100 of the Project Manual for this Project. 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 Florida Division of Emergency Management. Page 15 of 31 Packet Pg. 1401 D.1.b 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. bb) 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. 7.7 Any written notices or correspondence given pursuant to this contract shall be sent by CL United States Mail, certified, return receipt requested, postage prepaid, or by courier with c 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: Sea Tech of the Florida Keys Inc. Robin Szmansky, President 131 Palomino Horse Trail Big Pine Key, Florida 33043 For Owner: Director of Project Management Assistant County Administrator, PW& E 1100 Simonton St., Room 2-216 1100 Simonton St. LO ry Key West, Florida 33040 Key West, Florida 33040 i 7.8 FEDERAL CONTRACT REQUIREMENTS i 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: U,i 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 ca Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security E 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 Page 16 of 31 Packet Pg. 1402 D.1.b the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement 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 0 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 °3 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. LO (3) Breach. A breach of the contract clauses above may be grounds i for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. i 7.8.2 Contract Work Hours and Safety Standards Act (40 U.S.C. �W01-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all a contracts awarded by the COUNTY in excess of $100,000 that involve the U) employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 2 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 Page 17 of 31 Packet Pg. 1403 D.1.b 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 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. W401-7671 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 0. (EPA). The Clean Air Act(42 U.S.C. 7401-7671 q.)and the Federal Water Pollution Control c 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. cV LO 7.8.6 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an i 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. 0 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. Other Federal and FEMA Requirements (as applicable) 7.8.8 Americans with Disabilities Act of 1990, as amended (ADA). The CONTRACTOR Page 18 of 31 Packet Pg. 1404 D.1.b 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. 7.8.9 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 CL access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance; and (3) Submit timely, complete, and accurate reports to the appropriate a DHS officials and maintain appropriate backup documentation to support the reports. 7.8.10 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. 7.8.11 Changes to Contract. The Contractor understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the LO agreement must be within the scope of any Federal grant or cooperative agreement i 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. 7.8.12 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 i 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. 7.8.13 If this Agreement is funded by the Florida Department of Emergency Management (FDEM), the Contractor will be bound by the terms and conditions of the Federally- Funded Sub-award and Grant Agreement between County and the Florida Division of Emergency Management (Division) found at the following link on the Monroe County web page: ht PLLLww.mcnrceccunt ®fi. ov/ fdem rantagreement ARTICLE 8 Termination or Suspension Page 19 of 31 Packet Pg. 1405 D.1.b 8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions. 8.2 In the event that the Contractor shall be found to be negligent in any aspect of service, the County shall have the right to terminate this Agreement after five (5) calendar days'written notification to the Contractor. 8.3 Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days' written notice of its intention to do so. 8.4 Termination for Cause and Remedies: In the event of breach of any contract terms, the County retains the right to terminate this Agreement. The County may also terminate this Agreement for cause with Contractor should Contractor fail to perform the covenants CL herein contained at the time and in the manner herein provided. In the event of such o 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 0 County reserves the right to assert and seek an offset for damages caused by the breach. °3 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 cv the right to pursue a claim for violation of the County's False Claims Ordinance, located LO at Section 2-721 et al. of the Monroe County Code. i 8.5 Termination for Convenience: The County may terminate this Agreement for LU convenience, at any time, upon thirty (30) days'written notice to Contractor. If the County LUi 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 a Contractor shall not exceed the spending cap in this Agreement. U) 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 Page 20 of 31 Packet Pg. 1406 D.1.b determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. ARTICLE 9 Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: • Jewitt Engineering, Inc. drawings dated 1/23/20. Page numbers SE-1, SE- 2, & SE-3. CL 0 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 RFP. 9.1.4 The Addenda, if any, are as follows: °3 Number Date Number of Pages �? 1 5/14/20 1 2 5/18/20 1 LO 3 6/3/20 2 i This Agreement is entered into as of the day and year first written above and is executed in at LU least one (1) original copy. LUi Execution by the Contractor must be by a person with authority to bind the entity. i BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Page 21 of 31 Packet Pg. 1407 D.1.b SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: Kevin Madok, Clerk OF MONROE COU TY, FLORIDA By: By; D-muty Cleric ayo irman MONAOE COUNTY ATTORNEYS OFFICE sCL APPROVED AS TO FORM `s c f TMIT COUNTY ATrOFNEY y'""'�•, " DATE: 6-23-2020 CONTRACTOR'S Wttnesles A CONTRACTOR: SEA TECH OF THE Contractor must provide two witnesses FLORIDA KE I signatures Signature: 4 Signature: LQ Print Name: Robin Sxmansky cv Print:'ama: Becky eutsch Title: President LO r®: Date.--July 1, 2020 Date: July 1,2020LU and -- _ �] ) �� i C -- Signature:_. Print Name: David J.Hahn -Q n � Date: July 1,2020 cz: I N%X0 0 STATE OF Florida , COUNTY OF Monroe Subscribed and sworn to (or affirmed) before me by means of rXphysical presence or o online notarization, on July 1,2020 (date) by Robin Sunansky (name of afFiant). He/She is personally known to me or has produced (type of identification) as identification. arcky L.Dauwh �J WNOTARYPUBLIC NOTAR iJBLIC STATE OF FLORIDA mi 0GO62754 My commission expires: Expires WW024 Page 22 of 31 Packet Pg. 1408 D.1.b 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 o 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 FacilitiesLO ry Section 01520 Construction Aids Section 01550 Access Roads and Parking Areas i 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 i Section 01700 Contract Closeout Section 01710 Final Cleaning Section 01720 Project Record Documents ca Section 01730 Operation and Maintenance Data Section 01740 Warranties E Page 23 of 31 Packet Pg. 1409 D.1.b EXHIBIT "A" DAVIS BACON WAGE DETERMINATION 0 N LO 0 Page 24 of 31 Packet Pg. 1410 D.1.b "General Decision Number : FL20200022 05/15/2020 Superseded General Decision Number : FL20190022 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) . o Note : Under Executive Order (EO) 13658, an hourly minimum wage of $10 . 80 for calendar year 2020 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 . 80 per hour (or the applicable wage rate listed on this W wage determination, if it is higher) for all hours spent LO performing on the contract in calendar year 2020 . 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 U,i rate, if it is higher than the conformed wage rate) . The 2 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 01/03/2020 1 05/15/2020 Page 25 of 31 Packet Pg. 1411 D.1.b ELEC0349-003 09/02/2019 Rates Fringes ELECTRICIAN . . . . . . . . . . . . . . . . . . . . . . $ 35 . 36 12 . 77 ----------------------------------------------------------- ENG10487-004 07/01/2013 Rates Fringes CL OPERATOR: Crane o All Cranes Over 15 Ton Capacity. . . . . . . . . . . . . . . . . . . . $ 29 . 00 8 . 80 a Yard Crane, Hydraulic Crane, Capacity 15 Ton and Under . . . . . . . . . . . . . . . . . . . . . . . $ 22 . 00 8 . 80 ----------------------------------------------------------- IRON0272-004 10/01/2019 Rates Fringes W cv LO IRONWORKER, STRUCTURAL AND rl-I REINFORCING . . . . . . . . . . . . . . . . . . . . . . $ 25 . 49 11 . 99 PAIN0365-004 08/01/2019 Rates Fringes i PAINTER: Brush Only. . . . . . . . . . . . . $ 20 . 21 11 . 28 2 ----------------------------------------------------------- 0 * SFFL0821-001 01/01/2020 Rates Fringes SPRINKLER FITTER (Fire Sprinklers) . . . . . . . . . . . . . . . . . . . . . . $ 29 . 18 19 . 75 ----------------------------------------------------------- SHEE0032-003 12/01/2013 Rates Fringes SHEETMETAL WORKER (HVAC Duct Installation) . . . . . . . . . . . . . . . . . . . . $ 23 . 50 12 . 18 Page 26 of 31 Packet Pg. 1412 D.1.b ----------------------------------------------------------- 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 CL LABORER: Common or General . . . . . . $ 8 . 62 0 . 00 0 LABORER: Pipelayer . . . . . . . . . . . . . . $ 10 . 45 0 . 00 a OPERATOR: Backhoe/Excavator . . . . . $ 16 . 98 0 . 00 OPERATOR: Paver (Asphalt, as Aggregate, and Concrete) . . . . . . . . . $ 9 . 58 0 . 00 OPERATOR: Pump . . . . . . . . . . . . . . . . . . $ 11 . 00 0 . 00 W cv LO PAINTER: Roller and Spray. . . . . . . $ 11 . 21 0 . 00 PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . . . $ 12 . 27 3 . 33 i 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 for Federal Contractors applies to all contracts Page 27 of 31 Packet Pg. 1413 D.1.b 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 CL from, or to assist a family member (or person who is like o family to the employee) who is a victim of, domestic violence, sexual assault, or stalking . Additional a 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 W contract clauses (29CFR 5 . 5 (a) (1) (ii) ) . LO rl i ----------------------------------------------------------- X 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 2 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 Page 28 of 31 Packet Pg. 1414 D.1.b classification, 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 . CL 0 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 : W SULA2012-007 5/13/2014 . SU indicates the rates are survey LO 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 U,i that identifier . 2 0 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 29 of 31 Packet Pg. 1415 D.1.b 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 0 1 . ) Has there been an initial decision in the matter? This can be : a * 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 W N LO 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. 2 0 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 30 of 31 Packet Pg. 1416 D.1.b 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 o material, etc . ) that the requestor considers relevant to the issue . a 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 W U . S . Department of Labor LO 200 Constitution Avenue, N.W. Washington, DC 20210 4 . ) All decisions by the Administrative Review Board are final . END OF GENERAL DECISION" Page 31 of 31 Packet Pg. 1417 D.1.b SECTION 00120 NON-COLLUSION AFFIDAVIT I Robin Szmansky of the city Big Pine Key according to law on my oath, and under penalty of perjury, depose and say that: 1. 1 am Robin Szmansky of the firm of President the proposer making the Proposal for the project described in the notice for calling for proposals for: Key Largo Community Park Irma Repairs CL and that I executed the said proposal with full authority to do so; o 2. The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; and 3. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed o, by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor; and 4. No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit, a proposal for the purpose of LO restricting competition; and i L7 5. The statements contained in this affidavit are true and correct, and made with full LU kn dce .:said-.project. 06-16-20 (Signature of roposer) (Date) i STATE OF: Florida COUNTY OF: Monroe Subscribed and sworn to (or affirmed) before me, by means of V physical presence or ❑ online E notarization, on 06-16-2020 (date) by Robin Szmansky (name of affiant). He/She is personally known to me or has produced Known (type of identification) as ide t101bcky L.Deutsch ` NOTARY PUBLIC STATE OF FLORIDA Comm#GG962754 NOTARY BLIC 0tie Expires 2/26/2024 (SEAL) My commission expires: 02/26/2024 PROPOSAL FORM 00120- Page 30 of 304 Packet Pg. 1418 D.1.b LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE Sea Tech of the Florida Keys Inc. _ (Company) CL warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". (Signature) LO Date: 06-16-20 LU LU STATE OF: Florida COUNTY OF: Monroe Subscribed and sworn to (or affirmed) before me by means of Vphysical presence or ❑ online notarization, on 06-16-2020 (date) by Robin Szmansky (name of affiant). He/She is personally known to me or has produced Known (type of identification) as identification. Becky L.Deutsch _ NOTARY PUBLIC NOTARY PU LIC _STATE OF FLORIDA Camm,*GG962754 Is E�&E W2612024 My commission expires. 02/26/2024 PROPOSAL FORM 00120- Page 31 of 304 Packet Pg. 1419 D.1.b DRUG-FREE.WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Sea Tech of the Florida Keys Inc. (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse CL violations. o 3. Gives each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction, CJ 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is cy so convicted. LO r®® 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of CJ this section, As the person authorized to sign the statement, I certify th t this firm complies fully with the above requirements. Pro ser's Signature i 06-16-20 Date CJ STATE OF: Florida COUNTY OF: Monroe Subscribed and sworn to (or affirmed) before me, by means of Vphysical presence or ❑ online notarization, on 06-16-2020 (date) by Robin Szmansky (name of affiant). He/She is personally Kg9nLtBang has produced Known,- (type of identification) as identifi$141. Expires NOTARY PUBLIC ^\� STATE OF FLORIDA �' ~ Comm*GG962754 2/261202.4 NOTARY P L (SEAL) My commission expires: 02-26-2024 PROPOSAL FORM 00120- Page 32 of 304 Packet Pg. 1420 D.1.b PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted CL vendor list." o I have read the above and state that neither Sea Tech of the Florida Keys Inc. (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last thirty-six (36) months. 3L, 0 (Signature as Date: 06-16-2020 cv LO STATE OF: FloridaLU COUNTY OF: Monroe LU i Subscribed and sworn to (or affirmed) before me, by means of Wphysical presence or ❑ online notarization, on 06-16-20 (date) i by Robin Szmansky (name of affiant). He/She is personally 0 known to me or has produced Known (type.!#identification) as identification. NOTARY P C y (44c) Becky L.Deutsch My commission expires: 02-26-2024 !VOTARY PUBLIC STATE OF FLORIDA Comm#GG962754 Expires 2/26/2024 PROPOSAL FORM 00120- Page 33 of 304 Packet Pg. 1421 D.1.b VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): Key Largo Commuinty Park Irma Repairs Respondent Vendor Name: Sea Tech of the Florida Keys Inc. Vendor FEIN. 65-0126213 Vendor's Authorized Representative Name and Title: Robin Szmansky, President Address: 131 Palomino Horse Trail City: Big Pine Key State: Florida Zip: 33043 Phone Number 305-872-0888 Email Address: robins@seatech.cc CL 0 Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector m Lists which were created pursuant to s. 215,473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that LO Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on r� either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the Count may be terminated, at the option of the County, if the company is found to have Y Y P tY, � P Y submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By: Robin Szmansky who is authorized to sign on behalf of the E fenced company. � Authorized Signature: Print Name. Robin Szmansk Title: President Note: The List are available at the following Department of Management Services Site: 1.;!L,tt (f h 5 (kn� I!jy It� (`�uli.h �Ll I�_9 �� Cc E"rations s`o i9 h,5gi Net`E€o ii-ifoCfiiation coiivi tG cI `usj-.1 ended discrir: nil i�i rz v,n'd r lists. PROPOSAL FORM 00120- Page 34 of 304 Packet Pg. 1422 D.1.b KEY LARGO COMMUNITY PARK REPAIRS SUBCONTRACTOR LISTING FORM Ph#w Division Subcontractor Contact Person area code Cell Address 16 Marathon Electric Randall Mearns 305-743-5805 10690 Aviation Blvd, Marathon, FL 33050 CL m m CJ cv LO ram: I tJ I I tJ PROPOSAL FORM 00120-Page 35 of 3 Packet Pg. 1423 D.1.b SECTION 00130 INSURANCE REQUIREMENTS AND FORMS MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES General Insurance Requirements for Construction Contractors and Subcontractors 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 CL specified in the attached schedules, which are made part of this contract. The Contractor will o ensure that the insurance obtained will extend protection to all Sub-Contractors engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required °3 insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. cv LO The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision i may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor will be held responsible for all deductibles and self-insured retentions that may be contained in the Contractor's Insurance policies. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: • Certificate of Insurance or • A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified complete copy of any or all insurance policies with all endorsements, amendments, exclusions and notice of changes to the policy as required by this contract. 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. INSURANCE REQUIREMENTS AND FORMS 00130- Page 36 of 304 Packet Pg. 1424 D.1.b 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. In addition, the County will be named as an Additional Insured and Loss Payee on all policies covering County-owned property. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. CL cv LO i i i U 0 U INSURANCE REQUIREMENTS AND FORMS 00130- Page 37 of 304 Packet Pg. 1425 D.1.b WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR KEY LARGO COMMUNITY PARK REPAIRS BETWEEN MONROE COUNTY, FLORIDA AND Sea Tech of the Florida Keys 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 o statutes and the requirements of Florida Statutes, Chapter 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $500,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. cv If the Contractor has been approved by the Florida's Department of Labor, as an authorized LO 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 LU Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. LU 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. i 0 INSURANCE REQUIREMENTS AND FORMS 00130- Page 38 of 304 Packet Pg. 1426 D.1.b GENERAL LIABILITY INSURANCE REQUIREMENTS FOR KEY LARGO COMMUNITY PARK REPAIRS BETWEEN MONROE COUNTY, FLORIDA AND Sea Tech of the Florida Keys Inc. 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 o include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability The minimum limits acceptable shall be: $500,000 Combined Single Limit W cv LO An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its i 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 Lu (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. i 0 INSURANCE REQUIREMENTS AND FORMS 00130- Page 39 of 304 Packet Pg. 1427 D.1.b BUSINESS AUTOMOBILE LIABILITY INSURANCE REQUIREMENTS FOR KEY LARGO COMMUNITY PARK REPAIRS BETWEEN MONROE COUNTY, FLORIDA AND Sea Tech of the Florida Keys Inc, CL Recognizing that the work o g g 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: • Owned, Non-Owned, and Hired Vehicles m The minimum limits acceptable shall be: 0 $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $200,000 per Person `LO V $300,000 per Occurrence $200,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on i all policies issued to satisfy the above requirements. i 0 INSURANCE REQUIREMENTS AND FORMS 00130- Page 40 of 304 Packet Pg. 1428 D.1.b PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Worker's Compensation Statutory Limits Employers Liability $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease Policy Limits $500,000 Bodily Injury by Disease, each employee General Liability, including $500,000 Combined Single Limit Premises Operations CL o Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Business Automobile Liability $300,000 Combined Single Limit (Owned, non-owned, and hired vehicles) If split limits are preferred: $200,000 per Person $300,000 per Occurrence �? $200,000 Property Damage cv LO Builder's Risk: Not Required The contract shall require a Public Construction bond equal to the contract cost. The bond must i be issued by an A rated surety company doing business in the State of Florida. 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 INSURANCE REQUIREMENTS AND FORMS 00130- Page 41 of 304 Packet Pg. 1429 D.1.b 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. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification CL provided for the above. o The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this AGREEMENT. FDEM Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Agency, the State of Florida, Department of Emergency Management, and its officers and 0 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. W cv This indemnification shall survive the termination of this Contract. Nothing contained in this LO paragraph is intended to nor shall it constitute a waiver of the State of Florida and the (County) i Agency's sovereign immunity. LU LU PROPOSER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full a with all of the requirements herein. I fully accept the indemnification and hold harmless and duty to defend as set out in this proposal. 0 Sea Tech of the Florida Keys Inc. PROPOSER Signature INSURANCE REQUIREMENTS AND FORMS 00130- Page 42 of 304 Packet Pg. 1430 D.1.b INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the proposer named above. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES General Liability $5000.00 CL Workers Compensation $0.00 Liability policies are V Occurrence Claims Made Keys Anchor Insurance AgencyLO Insurance Agency Sign)ature i i i 0 INSURANCE REQUIREMENTS AND FORMS 00130- Page 41 of 303 Packet Pg. 1431 Doc A 2273979 Bk#3033 Pg#207 Recorded `'202fl 10:43 AM Page I ot'r) Filed and Recorded in Official Shea ords of Band No. 6591t7G5368 N1O IRQE COUNTY KEVLN N1A. 1(.CPA T Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR, SURETY: (Naarne,legal statats and address) (,'Faroe, legal slalus and principal place of business) Sea Tech of the Florida Keys, Inc: United States Fire insurance Company 131 Palomino Horse Trail 305 Madison Avenue This document has Important legal Morristown, l J 07062 consequences.Consultationswilh Big Fine Key, FL 33043 Mailing Address for Notices an attorney is encouraged with CL respect to its completion or 305 Madison Avenue modification, OWNER: Any singular reference to (Narrae,legal stratas and oddness) Mctrnstawn, ICJ 07962 Contractor,surety,owner or other party shall be considered Monroe County Board of County Commissioners plural where applicable. 500 Whitehead Street Key West, FL 33040 CONSTRUCTION CONTRACT Date: July 15, 2020 a) Amount:S 158,425 00 One Hundred Fifty Eight Thousand Four Hundred Twenty Five Dollars and 001100 CJ Description: `✓ (Name and locaatran) LO Key Largo Community Park Repairs i CJ BOND Lid Dtatc; July 20, 2020 i (Not earlier than Construction C.'ourract Date) � Amount:S 1585425.00 One Hundred Fifty Eight Thousand Four Hundred Twenty Five Dollars and 00/100 � i arto,difications to ttris Bond: ZI Mon %t l t 1 1 c-Section I& � � �! CONTRACTOR A PR IPAI " „$•'•„,., ,, #I SURETY r Company: � to ''., Company: (Corpcarote Sent) tJ Sea Tech of,the Florida Keys,- SEAL t W. united States Fire Insyrance Company 1989 Signature: ` � + • . Signature: Name �1 "'......•�� Name P. Belson N and i,tlo: 9 _. °f 111 t t t t tY\0 and Title: Attorney-tin-Fact (Any additional signatures appear on the last page of this performance arnce Bond.) (FOR LVFORl VMTION C1rVLY—?starne,,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Nielson, Hoover&Associates (Architecl,Engineerororlierparty:) 8000 Governors Square Blvd, #101 Miami Lakes, FL 33016 305-722-2663 S-18521AS 8110 Packet Pg. 1432 D.1.b §1 The Contractor and Surety,jointly and severally,Find themselves,their heirs,executors,administrators,successors and assigns to the Owner for the performance ofthe Construction Conu•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 wvhcn applicable to participate in a conference as provided in Section 3. 3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after A [lie C%vner first provides notice to the Contractor rand the un.!y that the 0%riser is considering declaring a t sit€ractor Default.Such notice shall indicate whether the Owner is requesting a conference among the Owwmaer,Contractor and Surety to discuss the Contractor's performance,If the Ctwwner does not request a conference,the Surety may,within five(5)business days after receipt of (lie Owner's notice,request such a conference.If the Srarety timely requests a conference,the Owner shall attend:.Unless the Owner agrees otherwise,any conference requested under this Section 3,l shall be held waithin 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 CL Contractor Default; ,2 the O%vracr declares a Contractor Default,terminates the Consiniction Contract and notifies die Surety;and .3 the 0%vaaer has agreed to pay the Balance of die Contract Price in accordance with the ter°nis of the Construction Contract to the Surety or to a contractor selected to perform the:Construction Contract. 4 Fuilure on the part of the Owner to comply wvith the notice requirement in Section 3.1 shall not constitute a failure:to comply with a condition precedent to the.Surety's obligations,or release the Surety from its obligations,except to the extent the Surety derrmonstratcs actual prejudico, � ` §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: Qy §6A Arrange for tluc Contractor,with the consent of the Owner,to perform and complete the Construction Contru,c:t; 5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; N L6 r 5.3 Obtain hids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the C® Construction Contrict,arrange for it contract to be prepared for execution by the Owwncr and a contractor selected with the Owner's concurrence,to be CJ secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or I 5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the circumstances: 1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is I determined,make payment to the O%vncr°;or � .2 Deny liability in whole or in part and notify die Ovmmcr,citing the reasons for denial. 0 §5 If the Surety domes not proceed as provided in Section 5 with reasonable promptness,the Surety shalt be deemed to be in default on this Bond seven days after receipt of an additional w-ritten notice from the 0%vuer to the Surety demanding that the Surety perform its obligations Lander this Frond,and the Owner shall be entitled to enforce any remedy available to the Ovmer.If else Surety proceeds as provided in:Section 5.4,and the � Owner refuses the payment or the Surety has denied liability,in whole or in pact,without further notice the Owner shall be entitled to enforce any remedy available to time Owner; S-18521AS 8110 Packet Pg. 1433 D.1.b §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 respunsibihiies of the{owner to the Surety shall not be greater than those of the Otvncr under the Construction Contract,Subject to the:commitment by the Owner to pay the Batancr of the Contract Price,the Surety is obligated,without duplication,for A 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 Mutdt,and resulting from the actions or failure to act of the Surety under Section 5;and .3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual darriag"caused by delayed performance or non-performance of the Contractor. §8 If the Surety elects to act under Section 5.1,5.3 or SA,the Surety's liability is iiruited to itte amount or this fiord, §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 opthe Contract Price shall not be reduced or set off on account of any such unrctitcd obligations.No right of action shall accrue oil this Mond to any person or entity other than the Owner or its heirs,executors,administrators,successors and assigns. CL 0 §10 The:.Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and Lather obligations §11 Any proceeding,legaal'or equitable,under this Mond may be instituted in any court of competent jurisdiction in the location in vehich the%vork or putt of the work is located and shall be instituted gvithin two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety reputes or fails to perform its obligations under this Bond,whichever occurs first.Ifthe provisions of this Paragraph are void or prohibited by la%v,the rain mUrn period oflimitation available to sureties as a defense in die jurisdiction of the suit shall be applicable. oy 12 Notice to the Surety,the Owner or the Contractor shall be m lcd or delivered to the address shown on the page on wif ch their signature appears. Ca CD 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction%vas to be ILO N per-formed,any provision in this Bond conflicting Mtn said statutory or legal requirement shall be deemed deleted herefrom and provisions T` conforming to such statutory or other legal requirement shalt be deemed incorporated herein.%Vfien so fumished,site intent is that this Bond shall be I construed a,a statutory bond and not as a common Saw bond. U 14 Definitions I 14.1 Balance of the Contract Price.The total amount payable by the Owner to tiac Contractor under the Construction Contract after all proper � adjustmcnis have been made,including allowance to the Contractor of any amounts received or to be received by doe Owner in settlement of F® insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on hehall'of the Contractor under the Construction Contract. I §14.2 Construction Contract,J he agreement between the 0%vner and Contractor identified on the cover page,including all Contract Documents and changes made to the,agreernern 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%Vida a material term of the Construction Contract. ry §14.4 Owner Default.failure of the Owner,which has riot been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply ev°ith the other material terms of the Construction Contract. 14.5 Contract Documents,All the documents that comprise the agree€Went betty*ten 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-18521AS 8/10 Packet Pg. 1434 D.1.b 16 Mod ilicalions to this trend are as 6611ows: CL n3 0 n3 J r n3 N to r h I tJ I n3 I U n3 0 tJ (Space is providad belowfor additional signatures of adelerl parties,other than those appearing on the cover page.) � CONTRACTOR AS PRINCIPAL SURETY E Company: (corporate Seat) Company: (co)porwe Sea1t Si ataare: Signature: Name and Tiede: tame and Title: Address Address -18 2/AS 8110 Packet Pg. 1435 D.1.b Bond No. 601005366 Conforms with The American institute of Architects AIA Document 312 Payment Bond CONTRACTOR: SURETY: (Wain legal stratus and address) (Name,legal srotaas and principal place ref 1rusinesrs) Sea Tech of the Florida Keys, Inc, United States Fire Insurance Company 305 Madison Avenue This document has important legal 131 Palomino Horse Trail Morristown, NJ 07962 consequences.consultation with Big Pine Key, FL 33043 Mailing Address for Notices an allorney is encouraged with CL respect to its completion or 305 Madison Avenue modirication. OWNER: Any singular reference to Morristown, NJ 07062 ` � ( arse, legal sratars and address) Contractor,Surety,Owner or � rather party shall be considered klonroe County Board of County Commissioners plural where applicable. 500 Whitehead Street Key West, FL 33040 CONSTRUCTION CONTRACT Date: July 15 2020 a) Amount:S 158A25,00 One Hundred Fifty Eight Thousand Four Hundred Twenty Five Dollars and 00 100 CJ Description: '✓ (Name and location) LO Key Largo Community Park Repairs I CJ BOND Date: Jelly 20, 2020 I (Not earlier tlanrr t,'vtastrtaelicaa,C®rrtrracl Date) W Amount:S 158,425 00 One Hundred Fifty Eight Thousand Four Hundred Twenty Five Dollars and 00/100 � I Modifications to this Bond F] None ® see Section 13 � ra CONTRACTOR AS PRINCIPA ,x �t �r� SURETY Company: ��` Sara �� Company: (Corporate Seal) t0 ORA Sea Tech of the Flo ida I } - ', United States Fix .irtsurance Company 3ignaturc; 2. " Signature: t� "� Joseph P. Nielsen Name j��N and Title. Narnc arid Title: Attorney-in-Fact I. T- (fry additional signatures appear on the lest page cif this Prayruew Barre#.) (FOR 1X€a'OJI I,L41170N ONLY —Afrarne,taafdress nand telephom) AGENT or BROKER; OWNER'S REPRESENTATIVE; Nielson, Hoover&Associates (Archimcl,Engineer or other party) 8000 Governors Square Blvd. #101 Miami Lakes, FL 33016 305_722-2663 S-2149/AS 8t10 Packet Pg. 1436 D.1.b §1 The Contractor and Surety,jointly and severally,hind themselves,their heirs,executors,administrators,successors and assigns to the 0%L,acr to pay for labor,materials and equipment furnished for we in the performance of the Construction Contract,which is incorporated herein by reference, subject to the following terrns. §2 If the Contractor promptly makes payment of all sums dire to Claimants,and defends,indemnifies and holds harmless the Owner front 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 tho 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 Chvner Linder this Bond shall arise after the Owmer has promptly nutif cd the Contractor and the Surety(at.thc address described in Section 13)ofclaints,demands,liens or suits against the Owner or the Owner's propct-ty 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 ofsuch claims,demands,liens or suits to the Corm-actor and the Surety. d When die Owner has satisfied tlae conditions in Section 3,die Surety shall promptly and at the Surety's expense defend,indemnify and hold harmless die Owlier against a duly tendered claim,demand,lien or suit, CL 5 The Surety's obligations to a Claimant under this Bond shall arise after the follovv'ing! §5.1 Claimants,who do not have a direct contract evith the Contractor, .1 have furnished a w6ttera notice ofnon-payment to the Contractor,stating with substantial accuracy the amount claimed and the � name of the party to whom the materials Lv°ere,or equipment Was,furnished or supplied or for whom the Tabor was done or � performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claire; � and 2 have sent a Claim to the Surety(at the address described in Section 13). §5.2 Claimants,who arc cnaploved by or have a direct contract with the Contractor,have sent a Claim to the Surety(at die address described in Section 13). U § 6 If a notice of'non-paymcnt required by Section 5.1.1 is given by the C weer to the Contractor,that is sufficient to satisfy a Claimant's obligtaGon tV to furnish a written notice of non-paym ent under Section 5.1.1. L6 11- I 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,tine Surety shall promptly and at the Surety's expense take the following actions; LLi I §7A Send an answer to the Claimant,wiffi a copy to the%s ner,within silty(60)drays after receipt of the Claim,stating;the amounts that arc � undisputed and the basis for challenging any amounts that are disputed;and � §7.2 Pay or arrange;for payment of any undisputed amounts. � I §7,3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to con,stirLuc a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed arnounts for which the Surety and Claimant have rmached agreement, If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify rite Claimant,for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. §6 The Surety's total obligation shall not exceed the mount of this Bond,plus the amount of reasonable attorney's fees provided under Section 7.3, � and the amount ofthis Bond shall be credited for any payments made in good faith by the Surety. 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,if any,under any construction performance bond.By the Contractor furrtlshing and the Owner accept,in.-this Bond,they agree that all funds c;anrcd by the Contractor in the performance of the Construction Contract are dedicated to satisfy obli®ations oftl,e C'ontractnr and Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work. S-21491,4S 8110 Packet Pg. 1437 D.1.b § 10 The Surety shall not be liable to the Owner,Claimants or others for oblige lions of the Contractor that are unrelated to the Construction Contract. The Owwmer shall not be liable for the payment of any costs or expenses of any Claimant under Chas Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf of,Claimants or oflienvisc have any obligations to Cla,Lai ants uatder this Bond. §11 The Surety hereby waives notice of any change,including changes oftime,to the Construction Contractor to related subcontracts,purchase orders and other obligations. §12 No suit or action shall be commenced by a Claimant udder dris Bond other than in a court ofcompetentjurisdiction in the stale in which the project that is the subject of the Construction Contract is located or after the expiration of one year frorn the date(1)on which the Claimant sera a Claire to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was perfotmned by anyone or the last materials or equipment wwcre furnished by anyone under the Construction Contract,whichever or(t)or(2)first occurs.Ifthe provisions of this Paraeraph are void or prohibited by lavu,the raininuum period oflinaitadon available to sureties as a defense in the jurisdiction ofthe suit shall be applicable. sm §13 Notice and Claims to the Surety,the flssraer or the Contractor shall be mailed or delivered to the address shown can die page on which their CL signature appears.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as ofthe 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 dais Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other Legal requiternent shall be deemed incorporated herein.'a'k'hen sea furnished„the intent is that this Bond shall be r construed as a statutory bond and not as a ootstnaon law bo.nc. §15 Upon request by any person or entity appearing to be a potential beat ici rye r f this ldocd,the Contractor and Owner shall prorenptly fliMU a � copy of this Bond or shall permit a copy to be made. 0 §16 Definitions §16.1 Claim.A Nvri!ten statement by the Claimant including at a rniulirnum: .1 the naive of the Claimant;. 2 the name of the person for whorrt the labor was done,or nnaaferials or equipment tuntusc,d, LO .3 a copy ofthe agreement or purchase order pursuant to which tabor,materials or equipment was Furnished for use in tine T` performance ofthe Construction Contract; I A a brief description of the labor,materials or equipment Furnished; .a the date on which the Clan-riant last performed labor or last furnished materials or equipment for use in the performance ofthe Construction Contract; .6 the total amount cm-ned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; � .7 the total amount ofprevious payments received by the Claimant,and .8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date ofthe Claism. I §16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor ofthe Contractor to furnish labor, � materials or equipment for use in the perrorrnance of the Constructicn Contract."Nate term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mcchame's lice or similar statute against the real property upon which the project is located.The intent of this bond shall be to include without limitation in the terms"labor,materials or equipment"that part of ww,ater„gas,power,light,heat,ail,gasoline,. CJ telephone Bernice or ocean[equipment used In tic Construction Contract,architectural and engineering service,required for performance of the work .. ofthe Contractor and the Contractors subcontractors,and all other items for which a mechanic's lien may be asserted in tho jurisdiction where the labor,maaterials or equipment were furnished. §16.3 Construction Contract.The agreement between the Omer and Contractor identified on the cover page„including all Contract Documents and all changes made to the agreement and the Contract Documents, S-21491,AS ail o Packet Pg. 1438 D.1.b 18,41 G<,,!nar Defau!! aN_.e o ,I,P uc�mgr,v,h c,?h no;tier,rem,. c'+cy, W l V,;,.3,to pay t c cuci'_rscw as.ccaSrcd andu.h,, C.o,imact w 'a perfcr- w.d,ccomt..,t.e or cols-;Ply wid;tl)e D[her rnateraai ot;mm's a(thc:Conslrj.ction C'ort'rwci. `7 V,.6 Contra d,C R r,? , ?11,. t;e,dn—1 rmnn fs the rn mprfYr:.flap,7 u're,P,,e, .�-,r wrer 0.-)r RniM,Syr,=nri�'r, srtart�.pr. bS 17, Ii this Buld is issucdforan3 :ntc,,y,l:et` zen CDn., r a r su)c rk,wr,,,4'+..emt °c.'.ra tt?r s n,rt cr ;A ;c E..r lc`c S_bc-ct"Le2 cC0r a iarm s1)ar. ..,L4en-, d to De 0 nruE%?,^ CL ,:;. i r a) tJ N ui r h I tJ I I 0 tJ w .rr t.otiraa° a a: fur radar[+' rrrrr' ., e..+,, s ;.r ,= r,.s. r+ta ?,ca. + ,r: , ,rs, r_e rra=•,' r 5u' .rGNany, Si m pure'' S P�Patarc: Nml�, and title: `ni ?e and T..le', Address Address -2143iAS 8110 Packet Pg. 1439 D.1.b l'O"IR0 li ATTONFY U NITI I)ST ATE S FIRE:IN'iUR.ALNCE:CONIP,ti`Y PRINCIPAL OFFICE-INIOR ISTt3WN,NFN` JERSEY Y 00927402020 E;NO AU lllaN BN 1 IIlS4E 11RESENE S.I hat t nIwd SUI a Fail Ks urm a (In 7alay,,r cd7ti orawm dulw mnjanile'd and exI'IIItg undo 0w Ems of tli' ,saw d€t I)ciau_uv, 11ai n"nldle witsn"M and ap owd ud rluc,Hereby tn,J.e cwWnaw ala€I ap oom Mn.l. .l rpira n Lira W ft"SM fly o %, seph F'Ctakh a.Aietson, C'Cvado ANd Pr't"r ml. C""rfrs Jrrcl,"n ,1 ic)scrn, SY'aown Alan Bu aun.Ara i;tlTanta ai each in Hahn and HOE 'sttaatneyt,tAlst kith tiall pos'ei and ;a ahorvH herebw crniniwxt in its mn, Nan and mud- to m utc actncr.wletlle and 1&hnr Any arid ail hontl and and rutn.l n>gs of swet4 and wher rloc11n1sms ti m To uadm,tl; L'>3um PlAwn; hustnas mas. F'efltnn anx!t„NmI llnmi`sum I I e ht>uctn"Cm"i mq th uh) as bit olid H tile saurre extent as if such bonwl5 ul' ulido°n.anng, had been Ault cxawtit;d and a �I'10%+ledger[ by the ngtt;,lri; elwok t€fhms Mt natcd Suite,, Frte hastnxulce S',ata"uprmy at is pnM",l nfhwe, M araz€,unts rar peualaaes Ilk,(evco r my Sesan Nlillluta, Elrr EEun€Ircii'E huusand Dollars(S'7.500900).. 1[its Po s'et of'Altorney hinni the act of th€L,e na nett thwi-cin to She hdrnJ,W trnt€er wigs specken k named Ametn, arid Go,, haver° m) awhmvy to hint 1-n"al Sun In tnsurame Company cxcept in the malinel anal to the extent di v°an,tatecl. 1 has Pmwer a.Sttt"ar wj I—noUs all pnoN hws l t>sms d)l Anonp ts3tt d on behalf ddt tlae.Annn"pohni act nal"al We and eeparr=on i,amia* it 021 A" Po w'ed of Atmnw is gmmed ptnsntult to "ia 61uh: lV o SIw R%A ass tat t_ "€`di Main FIN 111"mn,'e C wnnan)'a rum in lM low am tltet,mui tisnsf kom "h ACii&fl ($ Hirt°rerrf sw" vh='srttdN pm"& un pelamel" p,ut- CL 0 Ankle 4% L xewutl 11 OF WA tlenHs -lixcepa as the B,a,udl cf MiOwtur pray awhonm by w,rllu low tltc( haimmi mlis Bo,arrt, Pie,nlrin wo \"-P.nl+ent, � flay -sistar'it Vice Pa�<nlenl, Me`+twr W)L ,at arty A,^,AM' huldali) V ill hmu plmo on hehalf 4ih:I mprs€s hmi � Lo h, w'setuw ailrx the a€irpLmw sad Cnalmil11 of b, r.i4omah: to arknmvickIgn terih' ,tW dTehwet arl\ u€'hntl'tels, 41L11q,ttlm" mynnnoas ;tarts cl 11 mork" LE'h,3Hsuc4a In LdxmlC'i=amn "Wi IHs N€sinm mc.lim Wiw, xnBut ltmu ng To H[FSe;"63 E15! alt bonds Lta.�ta2ukH r<logmt),X1 Pc.4'b, T,P{)!65'I'.+€eH:llla€ITlcw [1T raral.1i'ali olmly p€nkcis of,uh)i p,G 1pilatt:r6 .fvkdivwe ofmoumac. dookk loan. moo 4e{ £U'Lum" uv&l4tt El and lsm(:c gid'Lldlm,, L. If)) to appsalnt al tine ul Inoo lvro Has h any to all sit the ltluT3d, o nlnntr,at M an the isad ly l ttnttph Ian inducting ,ell(mg the ind ofdw � C.'€q3 5I al no n 0 vl€Ac lit, (lalnxrs. sollo" 1 11, l gad nmlo :wky?alaYnan 1 he o natnte irf ,Idly offices ati€hi ll""d ll� the t o F1tYmnoll to 'Ign ally ht Tok s ual—jaee3 a) Lald;tl,llv.in�3 le'0�11111 In WC" 'shin laf dim" lie%kor' Cal dt oln"d% of If:etlf<;. ion, ofan1 pa"os of;fYfvt{ig mal pL11tan Ir,Inmann 19:s1 al lby M t e7,w hm may � be pllnod, b sitlt$ h: h&VVUd €li othl'min prGJ414"d hl it in Inn, Il.mi a stLi orwd hd. Ow HMatd of I1nc`d on, Cll1 idontl 46, i rlr5 11 ih b a tow r � 1ltnnilu€nw n1,11a11iaeltt, 'r nlulat' Its gilt Sinwho in 161111 lniae 1w i"14" dw U431M& sylvaure o gnll4:m. I dogialdicit 41i' "Ilivnkl''o 171oducM, of"Lli_h V Wer no ctliicw`rs €d Me c a ill€xitem an hum nine u, tune army he wahuaYot to In muh my nlniea, r€at HIM€€Fdie t ,nqNrr,tts Km I no! sayattl:awm nu€„ owntue to u,e IN the puapwo lac° m AxIM he EYc^.Imk vignmIlIc A ,tny llew%a m pmon, "ho sh,lfl l'"Y iven suih ONCer or oilicein e€i the( oliumlimn, CD N anwt kfaincl y the tact that he m4 hate w,.ac'Y d to be mlr a.the(lute when such mmuane n,,511 4 pSool. ,O r IN WI TT"S "aSA VRLCIF, a'wed Sun l we In,ttrlaacc c oinp,my No e;tu,W Ine pl mety, to be signAl and mwoledl lay an,af"ptd€pliwc Qmt ml 0,aorTnowe ad hcrvmh t`l atlivekl All, 22" da IHAuagust 2H19 � tSI FED%ttrEstIREINS9 U%NCECC?MI'-tNN LLi �I . — --- - its -Antic)ny R `1 n o-111 E_xecutI vi e latc,ahent � St (),lte uhl'eaanss Irantta l (7ohno of Phtlacl€el ne On this 22" do of ALIgnsr 201 94 beON me. at Nonly phlic of the State of Penitry In now. mutt`the ahcaa e nalt ed csHker of Unaed Swes Fire In swans cc Cunrpaarny,try no pemmally Itt omi to Lac slit anK iAwl and Eaffsc;r de>>rrled hemm, and ackno"ledged that he e uwed the fclregomg"n,5trument and aihxer Co the peal o 1.(tit d ir.l e5 Fue lnsmance Cbmpwq Hhamo b,F Hhc alnthCi€' y of ha>olflce. tr 0) f C:rlmmilusacaFth of Penns)launia ,` otar� Sea[ � faamma MAti inn°:m aa-a Public _ ....-- _._._.... ... r PhHadelphin County iatt�dtrat�.-ithan. ("`wary Ptahlic'j Nls contnaissic,n etpirts August 22, 2023 Comnlission number 13U843 l iheundawgn rl officerolf:natedStwesFirelnsuranceComparaaADelware c:eTot own,dohemb; ccrilf-v that the arignialPovNerofAttorne),ofw+hsch tht foregoer g s,,a WE true and correct cop is still in Farce and effect and has not been m taken. IN 1VFF ESS `mar'HEREOF. I ha)ehercurtio set in, hancianl rafFn.xedtla•ecw Toraleseal oFt'rtitecl Imes Fire Insurance:Cctatpany on the (lay of I UNITED SIXTUS FIRE INS URANCE CO NIPANY �l 4Vti�ItC 5 flaor Vice Presadl"n - - Packet Pg. 1440 SEATE-1 D.1.b ,acoRo CERTIFICATE OF LIABILITY INSURANCE DATE( `-� 07/16/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI; CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE: BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ 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 of this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER 305-741-7373 CONTACT Rebecca Horan NAME: Keys Anchor Insurance Agency PHONE 305-741-7373 FAX 844-269-7923 Rebecca Horan (A/C,No,EXt): (A/C,No): PO BOX 420308 E-MAIL Summerland Key, FL 33042 ADDRESS: Rebecca Horan INSURERS AFFORDING COVERAGE NAIC# INSURER A:Kinsale Insurance Co 38920 INSURED INSURER B:Continental Casualty Company 20443 SeaTech of the FI Keys Inc 131 Palomino Horse Trail INSURER C 7 Big Pine Key,FL 33043 INSURER D: INSURER E INSURER F: O COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO[ INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI; CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM: EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. r INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP INSD POLICY NUMBER LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1'000'� CLAIMS-MADE X OCCUR 01000816180 03/01/2020 03/01/2021 DAMAGE TO RENTED 1001 X PREMISES Ea occurrence $ MED EXP(Anyone person) $ E PERSONAL&ADV INJURY $ 1'000'1 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,' POLICYEl JECT LOC �' PRODUCTS-COMP/OP AGG $ 2'000'1 W I , OTHER: - $ AUTOMOBILE LIABILITY _... COMBINED SINGLE LIMIT UriEa accident $ r ANY AUTODIATE.,ZZ,2 3 1.2 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED A k— PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ $ I UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ I® DED RETENTION$ B WORKERS COMPENSATION X PER OTH-AND EMPLOYERS'LIABILITY STATUTE ER I YIN 46-886792-01-07 03/01/2020 03/01/2021 1,000,1 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (B (Mandatory in NH) E.L.DISEASE-EA EMPLOYE If yes,describe under 1 000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ O DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project- Key Largo Community Park Hurricane Repairs Not subject to cancellation, nonrenewal, material change or reduction in coverage unless a minimum of thirty(30) days prior notification is given to the County by the Insurer CERTIFICATE HOLDER CANCELLATION MCBCOU1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI Monroe Count Board Of Count THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II y y ACCORDANCE WITH THE POLICY PROVISIONS. Commissioners 500 Whithead St AUTHORIZED REPRESENTATIVE Key West, PR 33040 Rebecca Horan ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 1441 SEATE-1 D.1.b ,acoRo CERTIFICATE OF LIABILITY INSURANCE DATE( `-� 07/16/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI; CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE: BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ 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 of this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER 305-294-7696 CONTACT NAME: Atlantic Pacific-Key West PHONE 305-294-7696 FAX 305-294-7383 1010 Kennedy Dr,Suite 203 (A/C,No,EXt): (A/C,No): Key West,FL 33040 EDORIL chernandez@apins.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:Travelers Insurance Co. 25666 INSURED INSURER B: Sea Tech of the FI Keys, Inc. PO Box 420629 INSURERC: Summerland Key,FL 33042 INSURER D: INSURER E INSURER F: O COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO[ INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI; CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM: EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. r INSR TYPE OF INSURANCE INSD SUBR POLICY EFF POLICY EXP POLICY NUMBER LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE ❑ OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP(Anyoneperson) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY JECT1:1 LOC PRODUCTS-COMP/OP AGG $ CD POTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1 000 i I Ea accident $ r X ANY AUTO y BA81_470574 03/01/2020 03/01/2021 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X AUTOS ONLY X NON-OWNED ONLY PROPER accidenDAMAGE $ UJ $ I UMBRELLA LAB OCCUR ,.. 6 - T EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE H I- AGGREGATE $ I® DED RETENTION$ g � WORKERS COMPENSATION PER AND EMPLOYERS'LIABILITY YIN 7/2 3/2 0 2 STATUTE FOR H I ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ „. E.L.EACH ACCIDENT $ OFFICE(Mandatory - -R/MMBE ryin NH)EXCLUDED? N/A m6^ t8 E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ O DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project-Key Largo Community Park Hurricane Repairs, Not subject to cancellation, nonrenewal, material change or reduction in coverage unless a minimum of thirty(30) days prior notification is given to the County by the Insurer CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI Monroe Count BOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II y ACCORDANCE WITH THE POLICY PROVISIONS. 500 Whitehead St Key West, FL 33040 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 1442 SEATE-1 D.1.b ,acoRo CERTIFICATE OF LIABILITY INSURANCE DATE( `—� 10/23/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI; CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE: BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ 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 of this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER 305-294-7696 CONTACT NAME: Atlantic Pacific-Key West PHONE 305-294-7696 FAX 305-294-7383 1010 Kennedy Dr,Suite 203 (A/C,No,EXt): (A/C,No): Key West,FL 33040 aDORIL chernandez@apins.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:Travelers Insurance Co. 25666 INSURED INSURER B: Sea Tech of the FI Keys, Inc. PO Box 420629 INSURER C 7 Summerland Key,FL 33042 INSURER D INSURER E INSURER F: O COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO[ INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI; CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM: EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. r INSR TYPE OF INSURANCE INSD SUBR POLICY EFF POLICY EXP POLICY NUMBER LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE ❑ OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP(Anyoneperson) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY JECT1:1 LOC PRODUCTS-COMP/OP AGG $ CD POTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,i I Ea accident $ r X ANY AUTO y BA81_470574 03/01/2020 03/01/2021 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ �( HIRED �( NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY - a Per accident $ I $ UMBRELLA LAB OCCUR ' ._ '� _-"' EACH OCCURRENCE $ (, EXCESS LAB CLAIMS-MADE DArf ' AGGREGATE $ I® DED RETENTION$ F g Yft WORKERS COMPENSATION WAN m-- PER OTH- ) AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (B (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ O DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project: Big Pine Sheriff's House Replacement. Not subject to cancellation, nonrenewal, material change or reduction in coverage unless a minimum of thirty(30) days prior notification is given to the County by the Insurer when required by contract, in favor of the additional insureds stated above to the extent permitted by law. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI Monroe Count BOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II y ACCORDANCE WITH THE POLICY PROVISIONS. 500 Whitehead St Key West, FL 33040 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 1443