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08/18/2021 Agreement �R counre��l tii'��°``.Vi, Kevin Madok, CPA V. ri 3; c?;o 4 .4. Clerk of the Circuit Court&Comptroller—Monroe County, Florida DATE: October 13, 2021 TO: Kevin G.Wilson, PE Assistant County Administrator ATTN: Suzanne Rubio Executive Administrator FROM: Pamela G. Hand*,I.C. SUBJECT: August 18th BOCC Meeting Attached is an electronic copy of the following item for your handling: C9 Contract with McCourt Construction, Inc. to design and install ten new pickleball courts on Monroe County owned vacant land, commonly known as Tract E, a parcel of land adjacent to Key Largo Community Park.The cost is $203,500.00 and will be funded by District 3 Impact Fees. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 Agreement Between Owner and Contractor Whore the basios &payment rs a S TiPULA TED SUM AGREEMENT Made as of the 18th Day of August 2021 BETWEEN the Ciwner. Monroe County Board of County Cornmissioners 500,Whitehead Street: Key West, Fllo6da 33040 And the Contractou McCourt Construction, Inc. 16155 SW 11 79T,avenue, #26 Miami!, Ftonoa 311,77 For the following Project: KEY LARGIO COMMUNITY PARK PICKLESALL COURTS DESIGN AND INSTALLATtON Scope of the,Work The Mionroe County Parks and as ha Department requested ItAds for 'Design arod! Construction' of the Key Largo Cornrntinity Park Picklebalt Courts, 11, is thte desire of Mor-irt.oe, County to provide tournament rated courts for the, cximm unit y,, Contractor niust provide all labc)r, materials, equ iprnent, and, permitfing required for the design, site preparafion, and construction of new Pickleball Courts at the Key Largo Community Park, whet4er directly or through sub- -con;tracto!rVsub-c,onsuiltaryt,,�-;. "Scope ol"work shafl, inctudle the foHoMing-. 1) DESIGN OF TEN (I'D) PICKLEBALL COURTS ON SPECIFIED SITE a) Conceptual site plan, shall be modified to meet County Codes and Standards- (Seve ATI"ACHMENT 'W) b) Fmal design Vdill be reviewed by County Staff prior to commencfewmem of construction, 2) CLEARING,, LEVELING,, AND SUB-BASE OF SITE Papa I of 24 a) Contractor- shall provide all site work required to, insure proper drainage and leveling p r the,accepted design. b) Contractor's attention is directed to Section 114-3 [especially subparagraphs, (b)end (f)2.1,of the Monroe County Land Development Codes,for required surface water managerneent plari- 3) BASE AND ASPHALT a) Asphalt area to be approximately 128 feet X 170 feet (Sea ATTACHMENT 'A')- The minimurn grading and levelling specifications of the courts are Included as ATTACHMENT Design Criteria', b) Contractor will insure the design and construction of all drainage and asphalt meet or exceed design standa rds set forth in AT7AGH ME T "B - Dasig n Criteria" 4) FENCING a) Contractor mill provide all,,fending including perimeter fencing and internal fencing of the individual courts, and gates per the accepted design, b) ATTACHMENT '13 - Design Criteria" includes,minimum specifications for fencing components. 5) FINISHED PLAY[NG SURFACE,AND ACCESSORIES a) Contractor will provide a level surface suitable for tournament Pi:ckleball play, Minimum I C�Slgri C riteria". surface specifications are induded in ATTACHMENT "B�De b) Court colors will be reviewed and approved by County,staff, c) Contractor will,, paint,2"white playing lines to meet specificabon;s, re: the accepted design. 6) OTHER EQUIPMENT a) Contractor will install,ten (10) sets of pickleball nets and posts. "Scope is provided as a guide, for expectations, to be; included in the Design and Installation by the Contractor- It is not considered all-inclusive and wilt be dependent upon final design provided by the Contractor, Contractor shall pay for and acquire all, necessary permits, Contractor shall supply all of the needed materials and hardware to curniplete the project and properly dispose of debris, ARTICLE 1 The Contract, Documents Page 2 of 24 The Contract, Documents consist of thils Agreement, Conditlons of the Contract, (General, Supplementary and other Conditions), Proposal Doournents,, Addenda issuead prior to execution of this Agreement., together with,the response to RFP and, all, required insurance documentation, and Modifications issued after execution of this. Agreement. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,, representations or agreements,either wri tten or oral. An enumeration of the Co ntraGt Documents, other than Modifications, appears in Article 9. In the event of a discrepancy between the do menu, precedence shall be determined by the order of the documents as just listed. ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility ,of others, or as follows: MA AFZTl Date of Cornrnencernent and Sub!Aarrtiial Completion 3.1 The date of commencement is the date to be fixed in a Notice to Proceed issued by, the Owner. The Contractor shall achieve Substantial Completion of the entire Work not later than Ninety (90) calendar days aft the date of commencement Of issuance of a Notice,, to, Proceed. The time or times, stipulated in the contract for completion of the work of the contract or of specified phases,of the contract shall be the calendar date or,dates listed in the milestone schedule. Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extensions in time as set, forth by the Director of Facilities Maintenance's signature of approval on the Certificate of Substantial Gompletion- The, liquidated damages table below shall be utilized to determine the amount of liquidated damages,. FIRST SECOND 31ST DAY & CONTRACT AMOUNT 15 DAy5 15 DAYS THEREAFTER Under $50,0,00.00 $50,00/Day $1 00.00/Day $250MIDay 350,000,0,0-99,69,99.00 1 00.00JDay 200MIDay 750-00 Pita y $100,0001-004919,999,00 200.001Day 500,MlDay 2,000,00IDay $500,000-00 and Up 500M/Day 1,000-0010ay 3,5001.00/Day The Contractor's reggyory-of-damages and sole remedy fora ny delay caused by the Owner shall be an,extension of time on-tha q o nt,-ract. Uncontrollable Circumstance- Any delay or failure of either Party to perform its obligations; under this AgIlreement will be excused to the extent that the delay or failure was caused directly by an, event beyond such, Party's control, without such Party's fault or negligence and that by its nature coijid not have been foreseen DX such Party o,r,, if it could have been foreseen. was, Page 3 of 24 unavoidable: (a), a�ts of' God-I $b) flood, fire, earthquake, explosmn, tropq,At storm, hurricane far other declared orriergen-fry in the geographic area of the Project: (r,) war, invaslun. hast'ilibes (whe-ther war is declared or not),tarron5t threats or aCts, riat,or other civd unre s:I in the geographir: area of the Projiect-1 (d)government order or law in, the geographic area of the Project, (e)actions,, embargoes, or bl,crukades In effect on or after the data of this Agreeniont, (f) action by arly qovernmental authority prortibilling work in, the geographic area of the Project; (oacfi, a "Uncontrodable Cirrumistance"). Contractor's fi anti,at inability to, perfor-r-ri, CVianges in cost or avaitability of materials, coniponerits, or services, market condiiions, or iupphelr actionF, or contiact disputes w4i not excuse performance by Contfact gar under th,,,,s &rxJiom Contractur sruill gkve Counly wrrtten riothe e, wrthin day seven (7) ,s- of any event or circtjrn.$t,7-jfj� That is reasonably Rely to result 41 an Unooritrollable Circumstance, and the anficipated duration of Such Uncontrollable CirCo M,Sla rice, COntractor shall use all 0gent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance arii minimized and resurne ,all performance randier thi:,s Agreement The County will not pay additional cost as a result of an Un,controllable C[rournstance, The Contractor may onty seek addt4onal time at no cost to the County as the Owner's Representative may deterrnine. ARTICLE 4 Contract Sum 4,1 The owner shall pay the Contractor in current funds for the Ccin-trarutor's , erfarm-arrcu� of p the Con'tract the Contract Sum of Two Hundred Three Tbouisand Five Hundred and 0101100 Dettars I'$203,500.00). subjeot to additions and deductions as provided in the Contract Docurnents- 42 The Contract Sum is based upon the ftfllovving afternates, if any, wfiipcl-i are described in, the Contract Documents and are hereby accepted by the Owner: WA 43 Unit prices, iff any, are as -follows: N/A ART J q6U Progress Payments 51 Based upon Applications for Payment submitted by the Contractor to the Director of Facilities Maintenance, and uponapproval for payment i�asueol by the Diredor of Facr4fie,,S Maintenance and rchit t, the, Owner shail, make progress payments on accountof 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 sha[t be one (1) Calendar month ending on the tast day of the month, or ras fottow!a,: 53 Payment will te f mode by the Owner, upon recept of a proper invoic,,,e from the Contractor, I M ac:ccrrdance wdh the Florida Local Governnient Prompt, Payrnerkt Ac, Section 2118,735, Ronda Statutes and Monroe orunty Code, The Contractor is to submit to the Owner invoices with supporting docurneritation that are acoeptable to the Monroe Counly Office, of CI,e,,rk and Comptrollier (Clerk). Aucepta,bi4fty to the Clerk is based upon, generally accepted accounting, principlas -and such taws, ru[es, and regulations as rnay govern the Page,4 a f 24 disbursal of funds by the Clerk. The Owner is exempt from sales and use taxes-A copy of the,to exemption certificate will, be provided by the Owner upon request. 5A Each Application for Payment shall be biased up-on the Schedule of Values submitted by the Contractor in accordance With the Contract Documents. The Schedule of Vages shall allocate:the entire Contract Sum among the various portions of the Work and be prepared in such farm and supported by such data to substantiate its accuracy as the Director of' Facilities Maintenance may require, This schedule,, unless objected to by the DiFe-UtOf Of Facilities Maintenance, shall be used as a basis for reviewing t he contractor's Appl icati ons for Payment, 55 Applilcations, for Payment shall indicate the percentage of completion of each portion, of the Work as of the end of the period cover" by the Application for Payment, 5A Subject to the provisions, of the ConAract Documents, the amount of each progress payment shall be computed as follows-. &B.1 Take that portion of the Contract Sum properly allocable to-completed Work as determined by rnultip,lying the per-centage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work, in the Schedule-of Values, less retainage of five percent(5%), Pending final determination of costto the,Owner of changes in the Work, amounts not in dispute may be included in Applications for Payment. The aimount 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 Facilities Maintenance. 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 al1locable, 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-, 5Z.3 Subtract,the aggregate of previous payments made by,the Owner; and 5Z.4 Subtract amounts, if any, for which the Director of Facilities, Maintenanoe has withheld or nullified a Cerfificate for Payment.as provided In Paragraph 9.5 of the. General Conditions. 57 Retai nage of five percent (5%),will be withheld in accordance with Section 21 8,7 35,(8),(a),, Florida Statutes, !6KICLE 6 Final Payment Page 5 of 24 Pima payment, coristituli nq the entire unpaird balance of the Contract um,. shelf be trade by tyre Owner to the Goatrac for where (1) the CiointrKA, has, been fully performed by the, Contfa-CIOT and Me work has been ted by the Owner except f-or the Contractor's ruspori,sibihty to correci nonoonfiocrnmg or as provided inSubparagraph 12.2.2 of the General Conditions and do satisfy other requirements, K any, which neoessardy survi've, final payment.,, and (2) a final approval for payrrient has been, J;ssu aid by the DiF actor of Facilities Ma lInteriance. Such final payrne nt shall be made by the Owner not more than twenty ,(20l days after the issuance of the final approviG,fl for payn,'ierd. The following docurnents (sarnples in section 01027, App[ication for Payment) are required for Final Payment: (1) AppliCatlon and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion (4), Contractor's Affidavil,of"Debts and Claims (5� Contractor's,Affidavit oil Release of Liens (6� Final Release of Lien Contractor sball provide? hvo-,(2) hard copies in tabulateo.,J divided binders and one (1) sa,,A--kd e1octi-oriocafty tabbed and indexed in Adobe Acrobat file ( PDF) forTriat da liar ared on a common form arse. flash drive) afall the fool 000ving, but not,limited to; A. Project Record Documents(As Built Documents), B, Operating and ma interia rice data, instruct'llons to the Owner's personnel. C. Warranties, bond and, guarantees, D, Keys, and keyin,q solnedule, E. Spare parts,and maim enarriG-o materials. F. Electronic capiesof approved submittals. G. Evidence of payment aid final release of Iiiiens,and consent of surely to,final reliea,se(includes Ifirtal owl ease from all utilifies and utility(rjrylpa ill es), H i ph of either-a Ceilvfica,zer of, Completion or Certificate of, 0ccupaincy i,szuedi by the Monroe County Building Department. 8RTICLE Miscallaneous Provisions Ti Where reference is rnade iin this Agreement to a provision of the, General Conditions or another Contract Document, the reference refairs to that: provision as arnende-di or supplemented by other provisions ref the Contract Documents, Pag(�6 of'24 7.2' Payment ahall be made according to the Florida LoQat Government. Prompt Payment Act and! Monroe County Code. 7.3 Temporary facilities and services-- As,described in Section 01500,Temporary Facilities, of the General Conditions. 7A Annual Appropriation. Monroe County's performance and obligation to pay under this contract is contingent upon an a.nn,ua,l appropriation by the Board Of COUnty Comm igsione rs. In the,event that th e,Cou rity funds on whi,th this,Ag reement is depend ent 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. T5 A person or affiliate who has been placed on the convicted vendor last following a conviction for public entity crime may not submit a bid on a contract to provide,any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract to supply any goods or services to a public entity, may not submit a bid. proposal, or reply on a contract to supply any goods or services to a public entity, may not Submit a bi,d, proposal, or reply on a contract with a public entity for the construction or repair of a public building or pub-lit wark, may not submit bids, on leases, of real property to publicentity, ,may not be awarded or perform work as a contractor, supplior, subcontractor, or consultant under a contract with any pubfic entity, and may not transact business with any public entity in excess of the threshold amount provided in Fla, Stag,, Section 287,017, for CATEGORY TWO for a period of thirty-six (36) months from the date of, beiingi placed on the convicted vendor list. 7.6 The following items are included in this contract.,- a) Maintenance of Records, Contractor shall maintain all books, records, and dockiments directly pertinent to performance under this Agreement in accordance With generally accepted accounting priniciplies consistently applied. Records, shall be retained for a period of seven (7) yea rs from the tarm-iinati on of,this Agree ment or five (5)years from the submission of the finial expenditure report as per 2 CFI §200.333, if applicable,, whichever is greater. Each party to this Agreement or their authorized representatives, shall have reasonable and timely access to such records of each other party to this Agreement for public records purposas, during: the term of the Agreement. and for seven (7) years following the termination of this Agreement, If an auditor employed by the County or Clerk determines that monies paid to Contractur pursuant to WE, Agreement were spent for purposes not authorized by this, Agreement, of were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Sec® 55.03, Florida Statutes, running from the date the monies were paid by the Owner. Right to Audit. A vai1ability of Records... The records of the part es to this Ag reeme nt relating to the Project., which shall include but not be limited to accounting records (hard copy, as well ascomputerreadable data if it can be made available,,, subcontract files,(i,nc;l'uding Page 7 of 24 proposals of successful and unsuccessful bidders, bid recaps., biddling instructions,, bidders,list,etc.), original estimates; estimating Work sheets, correspondence, chant order files (including documentation covering negotiated settlements), backchaTge fogs and suppotrig 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 andi 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 underorcovcffed 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 Ct,unty 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 computation's, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives,, All records shall be kept for ten (10) years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit C4 records, assets, and activities relating to this, Project. If an aiiditor 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 wrongfU'lly retained by the Gontractor, the Contractor shall, repay the monies together with interest. calculated PrUfSUant to Sec, 55,03, Florida Statutes, running from the date,the monies were paid to Contractor. The Right tQ Audit provisions survive the termination or expiration, of this Agreement., b) Governing Law, Venue, and, Interpretation., This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of act-ion or administrative proceeding is instituted for the enforcement or interpretation of this, Agreement the County and ContraGlor, agree that venue shall, lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Pa rtles waive their rights to trial by our . 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), Severablitity. If any term, covenant, condItion or provision of this Agreement (or the application thereof to any circumistance or person) shiall, be declared invalid c)r unenforceabie to any extent by a court of competent jurisdiction, the remaining,terms, covenants, conditions and, provisions of this Agreernent, shall, not be affected thereby; and each remaining terra; covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permilted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreernent would prevent the arcomplishnnent of the original intent of this Agreement, Page 8 of Z4 The County and Contractor agree to reform the Agreement to replace any stricken PTOVISEQn! With a valid provision that comes as close as possible to the interit, of the stricken provision, d) Attorneys 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!W reasonable attorneys fees and court costs as an award against the non-prevailing party, and sheath include Morney's fees and court costs in appellate proceed irig.s. 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, legiall 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 neces-safy 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 arid enters into this agreement freely, voluntarily, and with advice of counsel, g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is. em1powerend to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement, Any conditions imposed as a result of the funding: that affect the Project Will be provided to each party. h) Adjudication of Disputes, or Disagreements, County and Contractor agree: that all disputes and disagreements shall be attempted to be resolved, by meet and, confer sessions between representatives of each of the parties. If the issue or issue:s are still not resolved to the, satisfaction of the parties, then any party shall have the ri;ghl to seek such relief or remedy as may be provided by this Agreement or by, Florida law,. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of paragraph 0) of this Section 7.6 or Article 8 concerning termination or cancellation,. I) Cooperation. In the event any administrative or legal, proceeding is Instituted against either party reta,firig to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to, participate,, to the extent required by the other party, In all proceedings, hearings, processes, meetings, and other act[vities related to the substance of this. Agreement oir provision of the services under this, Agreement. County and Contractor speQ111calily agree that no party to this Agreement shalli, be, required to enter into any arbitration proceedings related, to this Agreement. J) No,,,ndiscflmina,.tioinlE.q,uaI Emptayment Opportunity., The parties agree that there will be no discrimination, against any person, and it is expressly understood that Lipon a determinaki,on by a court of, competent jurisdiction that discrimination has occurred, this Agreerrient autornatically terminates without any further action on the part of any Page 9 of 24 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 nond iscri m ination. These include but are not,limited to; 1),Title I'll of the Civil R ig hts Act of 4964 (PL 88-352), which prohibit discrimination in employment an the basis of race., color', rel[glon, sex, and national origin;; 2)Title IX ofthe, Edu cation Amend rnerit of 1,972, as amended (20i USC §§ 1681-168.3, and, 1685-1,686), which prohibits discrimination on the basis of sex-, 3) Section 504 of the Rehabilitation Act ol 19-73, as amended(20 USC§ 794), wh,ich prohibits dlscrlminalion an 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 nondiscrirninaLion on the basis of' drug abuse-, 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 911-,616), as amended,, relating to nondiscrimination on the basis of alcohol abuse, or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC§§690dd-3 and 290ee-3),as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title Vill of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.,), as amended, relating to nondisc.riminatlon In the sale, rental or financing of housing; 9) The ,Ameri,cans with, Disabilities Art of 1990 (42 USC §,§ 12101 Note), as may ;e amended from time to time, relating to nondiscrimination in employment on the basis of disability-, 10)Monroe County Code Chapter 14, Article 11, which,prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or -age; and 11) Any` other nondiscrimination Provisions in any federal or state slatuleswhit;4 may apply to the parties to, or the subject matter of, this Agreement. k) Covenant, of No interest, Gounty and Contractor covenant that neither presently has any inlerest, and shall, not,acquire any interest, which would conflict In any manner OF degree with its, performance under this Agreement, and that,only interest of each is to perform and receive benefits,as recited in this Agreement. 1) Code of Ethics- County agrees that officers and employees of the, County recognize and rill 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, sollicitation or acceptaince of gifts: doing business Mtn one's agency; unauthorized compensation,' misuse of public position, conflilicting employment or contractual relationship', and disclosure or use of certain information, Fri) No,Solicitabon/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 OF satura this Agreement.and that it has not paid or agreed to pay any person, company, corporation, individual,, or firrn, other than a, bona fide ernployee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award OF making of this ,Agreement, For the breach or violation of the provislon. the Contractor- agrees that the County,shall have the right to terminate this Agreement without, liability and, at, its, Page 10 of 24 discretion, to olls-8-1 from morries owed, or othervdse recover, than full amount of such fee, commission, percentaqe, gift, or n) Employment or Retention of Former County Officers or Employees, ContraGtor warrants that it has not employed, retained or otherwise had, act on its behalf any former County officer or employee, sobject to the prohibition of' Section 2 of Monroe County Ordinance No. 010-1990, or any County officer or employee in violation of Section 3 of Monroe County Ordinance No- 020-1990. For bfeach Or vlolafloii of this provision, the County may, in Its discreltion, Terminate this contraci without liablifity arid may all5o. In itsdiscretion, dediva from the contract or purchase pnoe, or othenvise, recover the fell amount of any fee, coramission, percentage, gift,or consideration paid to the former County officer or employea. o) Public Records Compliance. Contractor most comply wifth Florida public records laws, including but hot limited to Chapter 119, Florida Statutes and Section 24 (if article I of the Constitution of Florida- The County and Contracicxr shailill allow and permit reasonciblo access to, and iiaq),e(lJon of, all documents, records, papers, letters or, other 'pubk, record"' in its possession or under its conrrol subj8ct to the e prmnsi s on of Chapter 119, Fforifla -Statutes, and made of receive,,d by th CoL Yinty aind Contractor In conjunction w4h this co vract and related to confraca performance. The Ccuuinhj shall have the right to unilaterally cancJ% tnis contrad ttpon wollation of this prcrvision by the Contractor FAure of the Contractor to abide by the terms of tfbis provision shall be deemed a material breach of this contract and the County may enf0TCo 11he tormis, of this, provision rn ll,,ie form: of a court proceoding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs assoolated with that proceeding, 'This, provision shall, survive arty termination or expiration of the contract. The Contractor is encouraged to consult with, its aevi'sors, abotit Flonda Public Records Law un Ord to comply with this provisiort, Pursuant to Fla Slat.., Sec, 119.0701 and the terms and co,nditions of this contract, the Contractor is required to: (1) Keep, and maintain poiblic reoords that would be required by the County to perform the service. (2) Upon recelipt from the Cou rity's oust d i an of records, prolvida the County wi th a copy a,(the requested records or aillow,the records to be inspected or copiec wit,hii n a r easonable firne at a cast that does not exceed In cost provided n tNs Cha pter or as otherwis e- prvivi,ded by law. (3) Ensure that publio records diaf are exeni:plt of confidential and exempt ftorn public recorids. disciosure requirements are nort disclosed except as authorlZed by law for the duration of the contract terrn and folitowing completion of, the contract if' the contraiAor does not transfer the records to the County. Page 11 of 2:4 (4) Upon completion of the contract, transfer, at no cost, to the County all public re,co,rdis 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 exernipt or confidential and exenipt from public, records disclosure requ I u I rements, If the Contractor keeps and maintains public records upon coon plefion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County s custodian of records, in a format that is oompatible with the information technology systems; of the County- (5) A request to inspect or copy publ[c records relating to a,County contract rn ust: be made directly to the County, but if the County does not possess the requested records, the County shall immediately nQtjf.y the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within, a reasonable time. If the Contractor does not: comply with, the Countys 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 vietation of this provision by the Contractor, A Contractor who fails to provide the public records to the County or pursuant to a valid pubilic records request,within a reasonable time may be subject to penalties under, Section 119-10, Florida Statutes,- The Contractor shall not transfer custody,, release,after,destroy or otherwise dispose of any public records unless, or otherwise provided In this provision or as otherwise provided by law. IF THE. CONTRACTOR HASQUESTIONS 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, BRAD LEY-BRIA,N@MONROECOU ANT Y-FL.GOV,, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH Street,. SUITE 408, KEY WEST, FL 33,040. p) Non-Waiver of Immunity, Notwithstanding the. pro-visions of Sec, 768,28, Florida Statutes, the participation of the Contractor and the County in this,Agreement and the acquisition,of any commercial liability insurancecoverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of gage 12 of 24 immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision,for,waiver. q) Privileges and [mmunities, All of the privileges and immunities from liability. exemptions from [aiws, ordinances, and rules and pensions and relief, disability, worRers' compensation, and other benefits which apply to the activity of officers,, agents, or employees, of any public agents or employees of the County, when Worming their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County- r') Legal ObIligations and; Responsibilities. Non-Delegation of Constitutional or Statutory Duties, This Agreement is not intended to, nor shall it be construed as, relieving any partiolpaifing 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 permifted by the Ronda constitution, state statute,, and case law., s) Non-Reliance by Non-Parties- No person or entity shall be enfitled to rely, upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third® party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor,agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in, general or for the purposes; contemplated in this Agreement. t) Attestaitions. Contractor agrees to execute such documents as, the County may reasonably require, to include a Pubtio Entity Gr[me Statement, an Ethics Statement, and a Drug-Free Workplace Statement. u) No Personal Liability. No covenant or agreement contained herein shall be deemed to be @,CQVen2nt or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement Or be subject to any personal liability or accountability by reason of the execution of this Agreement- v) Execution in C•ounterparts. This Agreement may be executed in any number, of counterparts, each of which shall be regarded as, an oHgInal, all of which taken together shall constitute one and the same inst.rurnent and any of the parties hereto may execute this Agreement by signing any such counterpart, Page 13,at 24 w) Hold, Harmless;, Indemnification, and Defense. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreerrient, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmles5 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, initialed 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(G) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreernont., except to the extent the 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 air invitees (other than Contractor). The monetary limitation of liability under this contract shall; be equal to the dollar value of the contract, and not less than $1 million per occurrence pursuant to Fla. Stat., Secry 725,06- The limits of liability shall be as set forth in the insurance requirements of Section 00130 of the RFP'. 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 Agre8merit. In the event,that the complebon 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 indernnify the Cauchy 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 extent of liability is in no, way limited to, reduced, or lessen d by the insurance requirements,contained elsewhere within this,Agreement. x) Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement:and will not be used in, the, interpretation of any provision of this,Ag re-ement.. y) Disadvantaged, Business Enterprise (DBE) Policy and Obligation. it is the policy of the County that DBEs, as defined in C-F.R. Part 26, as, amended, shall have the opportunily to participate in the performance of contracts, firianced, in whole or In oart With County funds under this agreement. The DBE requirements of applicable federal and state,laws and, regulations apply to this Agreement. The Cois nty and its Contractor Page,14 of 24, agree to ensure that. DBE& have the opportunity to participate in the performance of the, Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps, in accordance with applicable federal and state laws and regulations to ensure that [KBE's have the opportunity to compete and perform contracts. The County and Contractor-and-subcontractors shall not discriminate an the, basis of race, color, national origin or, sex in award, and performance of, contracts, entered pursuant to this Agreement. z) Agreements with Subcontractors. In the event that the Contractor subcontracts any or all of the work, in this, project to any third party, the Contractor specifically agrees to identify the COUNTY as an additional,insured on all', insurance policies required by the County., In addition, the Contractor specifically agrees that all agreements or contracts of any nature with his sub contracAors shall include the COUNTY as additional insured. aa)Ftorida Green Building Coalition Standards. Monroe County requires its buildings to conforrn to Florida, Green Building Coalitiion, standards. SpecialConditions, if any, are detailed in Section00100 of the Project Manual! for this Project.. bb) Independent Contractor. At. all time,-, and, for atl, purposes under this Agreement, Contractor is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this Agreement shall be construed so as to find Contractor or any of its employees, subcon tractors, servants, or agents to,be employees,of the Board of,County Com miss ionersof Monroe County. cc) E-Verify System. Beginning January 1, 2021, in accordance with Fla tat-, Sec. 448,.0,95, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Veri1y system to verify the work ,authorization status of all new employees Fired by the Contractor during the. term of the Contract and shalil expressly require any subcontractors performing work far providing services, pursuant to the Contract to likewise utilize the U.S. Department: of Homeland, Security's E-Verify system:to verify the work authorization status of all new employees hi,red by the subcontractor during the Contract term. Any subcontractor shall provide,an affidavit stating that the subcontractor does not employ, contract wkh,, or subcontract with, an unauthorized alien- The Contractor shall comply with and be subject to the, provisions of Fla. Stat., See, 44,&095, dd)Entire Agreement.. This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in writing, approved by the Board of County Comission rs, and signed by both parties before it becomes effective. 7.7 Any written notices or, correspondence given pursuant to this, contract shall be seril by United States Mail, certified, return receipt requested, postage prepaid, or by courier with PaEe 15 of 24 proof of delivery.. The place of giving Notre shall rearriain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice is deemed received by Contractor when hand delivered by national counierwith proof of delivery or by U& Mail upon verified receipt: or upon the date of refusal or non-acceptance of delivery, Notice shall be sent to the following persons:� For Contractor: Mcoqurt constructig.-n, Inc. 16155 SVV 11 71th Ayj r #2Q p- Miami. Florida 33177 For Owner- Director, Facilities Maintenance ssitorit Count AdminStrator, PW & E 1D205 0,-Qvepr s,Hwy, Suite 219 102050 Overseas H Key Largo, Florida 33037 Key Largo, Florida 33037 Monroe, Couhty,Lftarne-y-s Office I 111 12" Street, Smite 4,08 Key West, Florida 33040 ART191.1--g Termination or Suspension 8.1 The Contract may be, terminated by the Owner as provided in Article 14 of the General Conditions, 8,2 In the event that the Contractor shalli be fouind 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® 8A Termination for Cause and Remedies.: In the event of breach of any contract terms, the County retains the right to terminate this Agreement. The County may also terminate this Agreement for cause with Contractor should Contractor fail to, perform the covenants herein contained at, the time and in the manner herein provided- In the event of such tei-minabon, prior to termination,the County shall provide Contractor w[th 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, un[ess,the cost Of completion, to the County exceeds, the funds remaining in the contract.; however, the County reserves the right to;assert and seek an.offset for damagies caused by the breach. The maximum arnount due to Contractor shall not in any event exceed the,spending cap in this Agrieemorit., In addition, the County reserves all rights available to recoup monies Page 16 of 24 pa[d under this Agreement, including the right to sue for breach of contract and including, the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code., 8Z Termination for Convenience:, The County may terminate this Agreement for convenience, at any time, upon thirty (30) days'mitten notice to Contractor. If the County terminates,this Agreement with the Contractor, County shall pay Contractior the surn, 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 maximurn arnount due to Contractor shell not exceed the spending cap in this Agreement.. 8.6 For Contracts of any amount, if the County deteTMines that the Contrac tor/Unsultant 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, at (1) terminating the Agreement, after it has given the ContractoriConsultant 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 Me conditions of Section 287,135(4), Florida Statutes, are met. 81 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 ContractorlConsultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector gist 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/Consultarit written notice and an opportunity to demonstrate the agency's determination of false certfflcafionwas, in error pursuant to Section 2.87.135�5)(a), Florida Statutes,, or(2)maintaining the Agreement if the conditions of Section 287-135(4), Ronda Statutes, are met. ARTICLE,9 Enuirineration of Contract Documents 9.1 The, Contract Documents, except for Modifications, issued after e utioo of this Agreement, are enumerated as follows: a) The RFP and all addenda and Attachment "A" - Conceptual Site Plan and, Attachme,rit"13 - Design Criteria'. b) The RFP proposal response. 9.1.1 The Agreement is this executed Standard Form of Agreernent Bet ere Owner amid Contractor:. 9,1,2 The General Conditions,are the General Condftions of the Contract for Construction.. Page17 of 24 9A-3 The Addenda, if any, are as foibws.: Number Date # of Pages 1 5118,121 2 2 5125/21 2 3 5128121, 5 4 6121121 2 5 6124,121 1 This Agreement is entered into as of the day and year first written above and is executed in at least one (1) original copy.. BALANCE, OF PAGE INTENTIONALLY DEFT BLANK SIGNATURE, PAGE TO FOLLOW' Page 18 of 24 -4FR-1,-,. liv ----tx—ituticiY2'\he Contractor enlist be by*a person with authorityto bind the entity . ,31.1-k 1 ' •"'+', 1-1 ' . - - . . ' (;-.7- --,.., ,‘K-f--,,, - . . — - vrt ,,,--,-;i_.:;,-,1 SIGNATURE F THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED. 14 ) Kevin ASEAfif e Eit*RD:OF couNry clammisqlppgRs .- . ' AttePt.:'';; Vin MOOS, Clerk OF-MONROE 0 - - v - ; • PI -13---y _.:-: B MPy: • As Deputy Clerk .Maypil.phairrrian, Date atrat, Le, '1,7 2-1 . CONTRACTOR'S Witnesses Attest CONTRACTOR.; Contractor must provide two witnesses MCCOU CTI N,I C. SignatUres. :Signattire: . ..--;,. , ‘ ktic- f„ Signature. • PriNatne::;•I) e•...-4 ‘tk,- -•V4V-1-NAVNANqi . . ._. .., Print Nanie'.VIckit-Pke.....4 VV-Ati)kiik__. Title Date.- R- 1/ I -2;b I i batik: •Ii$.'. . -,3 I and ....„ ....._ _,. !- --- ,-- Signature:si.A-440 A .,f)t).... pet .:., .._ :_"D i--r7 2.4 CD --..., ---, Print NOe: 30-50 Git'or,:k Date: 1 aso-zA. 2-_.- -.•, --lc" rrl G -1 STATE OF'OF 41vr%,•: c-:. . COUNTY OF th‘pok%-• \\ .,•-•e1-61-- r- ,N) On p* 3 ;lay of fii.),:Fv4.33r. ,-20-.7z\ before:me the:undersigned notary public, by .means of• '*r physical Presence. Or El online, personally appeared: .. , - 0.4v1 iiit .-#0 P kiL . (name.Of affiant) known to tO be the person Wh .eleA24in is subscribed above or who produced as identification, and:acknowledged that.he/she is the person'WhOeXedtited-theaboVe'contraPtWith Monroe County for KEY LARGO COMMUNITY PARK PICKLEBALL.COURTS DESIGN AND INSTALLATION for the purposes therein containedi __4„, . , •.,„,........„"57 . ,,,,,0.1. Richard Rci.th Notpry Public ..e.--'-7— _ Pr A:'Trl: Corint IGG367375 reic *I , Print Narne:/efc_.4..-A ,,e,;.-711-, -i4,1::.:2,:,1 Eepiret:Aufiuit 19;2023 fe,74r,,f 1,0 Bonded Thru Aron Nulty my commission expires: (Seal) Page 19-of 24 Wiii.egcLiciti'i***00 — .TAIRDA-EABLEA___,,,,,],:---- ieAmasTARMOUNTYATroTO tio. ,. .81Q1/2021,:- , GENERAL REQUIREMENTS Where Project Management is Not a Constructor Section 00750 General Conditions Section 00,970 Project Safety and Health Plan Section 00,960 Contractor,Quality Control Plan Section 01,015 Contractor's Use of the Prem,ises Section 0 1027 Appl[cation for Payment. Section 01030 Alternates Section 0 1040 Project Coordination Sectio n 01045 Cuttling and' Patching Section 01050 Field Engineering Section 01 2D0 Project Meetings Section 0 130 11 Submiftals section 0 1310 Progress,Schedules Se cfion 0 137 0 Schedule, of Values Section 01 Daily Construction Report's Section 01 Request.for Information - (RFI) Section 0 1410 Testing Laboratory Services, Section 0,1421 Reference Standards and Definitioris, Section, 01500 Temporary Fablities Section 01520 Constniction Aids Section; 01550 Access Roads and Parking Areas Section 01560 Temporary Controls Section 01590 Field Offices, and Sheds Section 01 Construction Cleaning Section 016,00 Material and Equipment Section 01630 Post-Proposal, Substitubms Section 01540 Product Handling Section 01700 Contract Closeout Section 01710 Final, Cleanirig Section 01720 Project Record Documents Section 017 30 Operation and Mainteriance Data Section, 01740 Warranties, Page 20 of 24 ATTACHMENT "A" Conceptual Site Plan Page 21 of 24 NPSH-S3N'SRIaOs@7HOVaSOIH YVA/HNOHd-b11R£96 'eai.40-7d:�Nno�ao�Now �Q sl2knos 1'Wgal>I'-Id 0192Pd G.l )4 w 2 a £Z918 OQVlIO,I00`H'ItlQNOEUVZ)`QA-I.,."M Z8 y 0 N p m ,O-,OLL 0 b 0 0 - m v N L 0 Q Q W O2U SOW U Y'r OOW� 4 t � - ` ! ti zm w f�1 rd ATTACHMENT "B" Design Criteria Page 23 of 24 ATTACHMENT "B - Design Criteria" Site Preparation, Base, and Asphalt: • Sub base will be graded to a slope of 1% to provide for proper drainage • Base course will be a minimum of 4" of compacted lime rock • Court will be a minimum of 1" of hot mix asphalt rolled smooth Fencing Perimeter fence: • Will be 8' high • Corners will be 3" schedule 40 pipe • Line posts will be 2-1/2" schedule 40 pipe • Full top and bottom rails will be provided which will be 1-5/8" schedule 40 pipe • Fabric will be 1-3/4", 9 gauge • All components will be vinyl coated, color to be approved by Owner • Provide sufficient gates to access all courts and to include ADA accessibility Interior fence: • Will be 3-1/2' high • Line posts will be 2-1/2" schedule 40 pipe • Full top and bottom rails will be provided which will be 1-5/8" schedule 40 pipe • Provide sufficient access gates or open spaces to permit access to all courts including ADA accessibility • All components will be vinyl coated, color to be approved by Owner Court Surface • Low spots shall not exceed 1/16" • Contractor to provide a texture court surface applied according to manufacturer's directions with minimum of two (2) coats of final coloring material applied smoothly with a uniform thickness. Lines will consist of two coats of textured line paint recommended by color coating manufacturer. Acceptable surface material systems are Plexipave (California Sports Surfaces); Novaplay (Nova Sports USA); or approved equivalent. Page 24 of 24 KEY LARGO COMMUNITY PARK PICKLESALL COURTS DESIGN AND INSTALLATION SECTION 00120 NOWCOLLUISION AFFIDAVIT of the city according to law on my oath, and under penalty of perjury, depose and say that: 1 lam I e- " V �A of the firm of �AL Qk%d� y� '�r& the proposer making the Proposal for the project described in the notice for calling for proposals for, MA RL-0— and that I executed the said proposal with full authority to do so; Z The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; and 3. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor; and 4. No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition; and 5. -The-,, st9temonts contained in this affidavit are true and correct, and made with full knowWleVe of;aid project. (Signature of Prol)Ar) (Date) STATE OF: COUNTYOF: Subscribed and sworn to (or ffirmed) before me, by means of physical presence or 0 online I t A notarization, on ks) z (date) by personally -"'J% (name of affiant), He/She is _ known to me or has produced (type of identification) as identification. NOTARY PUBLIC,, Richard Rottl comm #GG367375 (SEAL) My commission 11040%t ig 2023 p ho MR PROPOSAL FORM 00 120-Page 30 of 220 KEY LARGO COMMUNITY PARK PICKLEBALL COURTS DESIGN AND INSTALLATION LOBBYING AND CONFLICT OF INTEREST USE SWORN STATEMENT UNDER ORDINANCE N . 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE (Company) 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, 010-19190, For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". (Signature) Date: �19 STATE OF: COUNTY OF: k Subscribed and sworn to (or affirmed) before me, by means of physical presence or 0 online notarization, on (date) by (name of affiant). He/She personal) known to me or has produced (type of identification) as identification, NOTARY PUBLIC (SEAL) MY co epic exp Rath CommIGG367375 ExPM: I nust 19,,2023 ------------%%nimfik- PROPOSAL FORM P ge 31 of 220 KEY LARGO COMMUNITY PARK PICKLE ALL COURTS DESIGN AND INSTALLATION DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution,dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Z Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under proposal,the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to,any violation of Chapter 893 (Florida Statutes)or of any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than five (5)days after such conviction, 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community,or any employee who is so convicted. 6. Makes a good faith effort to,continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I cl 'ify-that t "firm complies fully with the above requirements, Nc, F�rToser s Ngnature IDA Date STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means o physical presence or 0 online C notarization, on \D�3k4 (date)by"I 'k J�-,,j�,C (name of affiant). I elShe is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC (SEAL) My commission expires: PROPOSAL FORM Q� ' lae 32 of 220 IGExphs: . g ,pBooded Thru'AaMn Notary KEY LARGO COMMUNITY PARK PICKLEBALL COURTS DESIGN;AND M'STALLATION LOCAL PREFERENCE FORM A,Vendm i*iming a I prefereirtoe aomf ding W,Ordinance 023-2000, as arnondW by OiWmiiatita No- 004-2015 and 025-21015, must mm.p404v this fwn Narne of BidderlftWonder�,h , Dais; k,1' 1,Doea t—veindor have avaliti receipt for the business lax paid to the Monroe County Tax CollecWT dated at least one(1)yew or to the nobee of re quest for bids or piopos&s? (Pismo lurnish Copy,) 2-Does the vandow have a phypical busiriess address located wfthi;n Wnroe County fmTn which Me vendor oWMes oT peTtrms business on, a day to day basa, that is a substmfiai component -of the goWs or services beirg,inffafed to Monroe Gounly?_-,111 ,The ph business address,must be, re4steredi as its principal pWca of business wfth the Floritf;� Clepartment of State for al''least one(1)year p0or tra.ft nQjjCe'oj req lea oSt for jj 0f' osa, v J) iamp Lim,Ad'resw Tetephone Number,; W Does the vandorlorne contractor iintand,to subcontra,'&50%or more of 9w gooft, ser=W,Of ocmatruction to locW businesses Tmeling the cril4flia abave kas to ficeming and llocaUon-7 Y44�' 11yes, 1.Copy Of Receipt of ft, Wsiness,tax the Monroe County,Tax Cofile by the subcontracfor dated at Mast (1)year prior to the nalke of,request fat bid ovptoposaf, Z,Subs ntactor's ph,,ysiral businew W*a within Monroe 0ounty from which the subs ntraretor op.erafery (The physiza;l business address must be registered as its pnrxipal jAace of business willh the Ftorkta Departnumi,of-State,for Ot lea sl One(1)year Dior to the 001hob of request for bids or pmposals) % Pont Narne,....... Ly A- Signasore ark, Tide of Xu-tbo—�'Ized Signatory lbi'N- BiddefResponder STATE,OF-, COUNTY OF., Subscribed and sworn to(I'affirn ad.)before me, by n-eans of piphysical,presome or El ®rnkne notarization,on by 0 �nani@ of affiant), �WSho is peowinally krwwn le rTm oor has produced ---------,(Jyp"Lf jdanfific 'Ao NOTARY PUBLIC (SEAL). My�orn misan, Rj&,MdRoth f PROPMAL FORM VIP of 220 KEY LARGO COMMUNITY PARK PICKLEBALL COURTS DESIGN AND INSTALLATION PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor,supplier, subcontractor,or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted ven�or list," & �rl I have read the above and state that neither _V\�_-f�Al�k _L (Proposer's name) nor any Affiliate has been placed on the convicted ven6lor list within the last thirty-six (36) months. 4__ (Signature) Date: k"Q STATE OF: COUNTY OFF k A, Subscribed and sworn to (or affirmed) before me, by means of, physical presence or El online % I notarization, on (date) by (name of affiant), tq/�he j§_peLsoagl!y known to moor has produced (type of identification)as identification. 71 NOTARY PU1§LlC W RIChard Roth (SEAL) My commig ,es, 1W119717S Expin' s August 19,2023 BoMed Thru'Aamn Notaty PROPOSALFORM 00120-Page 34 of 220 KEY LARGO COMMUNITY PARK PICKLEBALL COURTS DESIGN AND INSTALLATION VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): Vk Respondent Vendor Name:-YL—Q-s�L-4 1Z Vendor FEIN: Vendor's Authorized Representative Name and Title: Address: kk City: Ak State: zip: -3 "S Phone dumber -34 S- 'L.',V"S- Email Address: .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 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 Boycott Israel List or engaged in a boycott of Israel and for Projects of$1 000,000 or more is not fisted on either the Scrutinized Companies with Activities in Sudan List,the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By: .............................__.__._..® who is authorized to sign on behalf ofth(o 6b e r ced C77,qv, Authorized Signature:_ Print Name: LD Title: Note; The List are available at the following Department of Management Services Site: http www.drns.rn �(brida.com/business operations/state purchasing/vendor information/convicted $USP ended discriminatory go T pL)ints vendor lists PROPOSAL FORM 00120- Page 35 of 220 KEY LARGO COMMUNITY PARK PICKLEBALL COURTS DESIGN AND INSTALLATION SUBCONTRACTOR LISTING FORM Division Subcontractor Contact Person Ph#wlarea code Fax Cell: Address rn 361 AI)/ Ac PROPOSALFCORM 00120-Page 36 of 220 KEY LARGO COMMUNITY PARK PICKLEBALL COURTS DESIGN AND INSTALLATION 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 specified in the attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Sub-Contractors engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre- staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting:from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor will be held responsible for all deductibles and self-insured retentions that may be contained in the 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. However, the Contractor shall provide to County Facilities Maintenance a valid Certificate of Insurance and a certified complete copy of any and all Builder's Risk Insurance Policies and policies covering County-owned property with all endorsements, amendments, exclusions and notice of changes to the policy. On any and all Builder's Risk Insurance Policies and policies covering County-owned property, the Monroe County Board of County Commissioners will be named as a named insured, additional insured and loss payee. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. INSURANCE REQUIREMENTS AND FORMS 00130-Page 37 of 220 KEY LARGO COMMUNITY PARK PICKLEBALL COURTS DESIGN AND INSTALLATION All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the 'insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as, relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements"and approved by Monroe County Risk Management, INSURANCE REQUIREMENTS AND FORMS 00130- Page 38 of 220 KEG'LARGO COMMUNITY UNITY PARK PI KLE BALL COURTS DESIGN AND INSTALLATION WORKERS' CO P I N INSURANCE REQUIREMENTS FOR Y LARGO COMMUNITY PARK PICKLE ALL COURTS DESIGN AND INSTALLATION BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes and the requirements of Florida Statutes, Chapter 40. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: 100,000 Bodily Injury by Accident 500,000 Bodily Injury by Disease, policy limits 100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self- insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. INSURANCE REQUIREMENTS AND FORMS 001 0_Page 39 of 220 KEY LARGO COMMUNITY PARK PICKLEBALL COURTS DESIGN AND INSTALLATION GENERAL LIABILITY INSURANCE REQUIREMENTS FOR KEY LARGO COMMUNITY PARK PICKLEBALL COURTS DESIGN AND INSTALLATION BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance, Coverage shall be maintained throughout the life of the contract and include, as a minimum: 0 Premises Operations, 0 Products and Completed Operations 0 Blanket Contractual Liability 0 Personal Injury Liability The minimum limits acceptable shall be: $300,000 Combined Single Limit An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. INSURANCE REQUIREMENTS AND FORMS 00130- Page 40 of 220 KEY LARGO COMMUNITY PARK PICKLE ALL COURTS DESIGN AND INSTALLATION VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR KEY LARGO COMMUNITY PARK PICKLEBALL COURTS DESIGN AND INSTALLATION BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $200,000 per Person $300�,000 per Occurrence $200,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements, INSURANCE REQUIREMENTS AND FORMS 00 130-Page 41 of 220 KEY LARGO COMMUNITY PARK PICKLEBALL COURTS DESIGN AND INSTALLATION PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Worker's Compensation Statutory Limits Employers Liability $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease Policy Limits $100,000 Bodily Injury by Disease, each employee General Liability, including $300,000 Combined Single Limit Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Vehicle Liability (Owned, non-owned, and hired vehicles) $300,000 Combined Single Limit If split limits are preferred: $200,000 per Person $300,000 per Occurrence $00,000 Property Damage Builder's Risk: Not Required The contract shall require a Public Construction bond equal to the contract cost. The bond must be issued by an A rated surety company doing business in the State of Florida. The Contractor shall provide a certified copy of the recorded payment and/or performance bond to the Owner pursuant to Fla. Stat. Sec. 255.05. Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, Contractor, shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or(C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of INSURANCE REQUIREMENTS AND FORMS 00 130- Page 42 of 220 KEY LARGO COMMUNITY PARK PICKLEBALL COURTS DESIGN AND INSTALLATION liability under this contract shall be not less than $1 million per occurrence pursuant to Fla. Stat., Sec, 725.06. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor s failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this AGREEMENT. PROPOSER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all of the requirements herein. I fully accept the indemnification and hold harmless and duty to defend as set out in this proposal, PROPOSER Signature INSURANCE REQUIREMENTS AND FORMS 001 30 Page 43 of 220 KEY LARGO COWAUNITYPARK ALL T ICE AGENTS ST TFKM4EEMI i have reviewed ft above requirements with the proWser narrved above, The folloWng deductibles applyvocorresponding policy, POLICY TI L L1000 7188-03 2,000 Property Damage debility 1 Per claim Liability policiosare-Occurrence _Clalims Made Brown&Brown,Miami-Dade Division Insurance a Signature End of SecWn 00120 INSURANCE i AND rORMS ., 1 Page of 220 DATE(MWDD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 10/04/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Claudia Sacasa AAI NAME: Brown&Brown Miami-Dade HCONN. Ext: (305)714-4400 a/c,No): (305)714-4401 8825 NW 21st Terrace E-MAIL csacasa@bbinsfl.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Doral FL 33172 INSURERA: FCCI Insurance Company 10178 INSURED INSURER B: National Trust Insurance Company 20141 McCourt Construction Inc. INSURER C: 16155 SW 117 Ave Ste 826 INSURER D: INSURER E: Miami FL 33177-1617 INSURER F: COVERAGES CERTIFICATE NUMBER: 2021-MASTER CERT REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCEAUULbUbK POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE FX OCCUR PREM SDAMAGES Ea oNcurDrence $ 100'000 MED EXP(Any one person) $ 5,000 A GL100027188-04 08/31/2021 08/31/2022 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY ❑ PRO ❑ pp 9 z,000,000 JECT LOC Approved Risk Management PRODUCTS-COMP/OP AGG $ POTHER: $ AUTOMOBILE LIABILITY ?i'i� COMBINED SINGLE LIMIT $ Ea accident ANYAUTO BODILY INJURY(Per person) $ OWN ED AUTOS ONLY AUTOSULED 10-8-2021 SCHEDBODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,000 B EXCESS LAB CLAIMS-MADE UMB100044606-03 08/31/2021 08/31/2022 AGGREGATE $ 3,000,000 DED I X1 RETENTION $ 10,000 $ WORKERS COMPENSATION ER/� STATUTE EORH AND EMPLOYERS'LIABILITY Y/N 1'000'000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ AOFFICER/MEMBER EXCLUDED? N/A WC0100060097-02 08/31/2021 08/31/2022 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ L Inland Marine imit $40,931 A CM100027190-04 08/31/2021 08/31/2022 Deductible $500 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate holder included as additional insured as respects general liability where required by written contract. This form is subject to policy terms, conditions,and exclusions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD l a DATE(MMIDDIYYYY) AC[]R17 CERTIFICATE OF LIABILITY INSURANCE 09/15/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NTACTRashaud Lee NAME: Ellie Mills Insurance Agency Inc. PHCONEo Ext:305-238-8688 FAX A!G No 305-238-8608 gy S r?`aL'FdlY1t 20330 Old Cutler Road AMAIL Rashaud@GotMills.com +& [� ADDRESS: Cutler Bay, FL 33189 INSURER(S)AFFORDING COVERAGE NAIC0 +e - INSURER A:State Farm Mutual Automobile InsurarlCe Company 2517$ INSURED McCourt Construction Inc INSURERB: 16155 SW 117th Ave Ste B26 INSURER C: Miami, FL 33177-1617 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLISUBIR POLICY NUMBER MMIDWYYYY MMMWYYYY LIMITS LTR COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAlMS•MADE DOCCUR PREMISES Ea occurrence $ MED EXP{Any one person) $ PERSONAL&ADV INJURY $ GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY JECOT- LOC PRODUCTS-COMPIOP AGG $ OTHER: $ A AUTOMOBILE LIABILITY Y G977685-E18-59 05/18/2021 11118/2021 Eaa r�EerDi{SINGLE LIMIT $ 1.000,000 ANY AUTO BODILY INJURY(Per person) $ ALL ONRNED X SCHEDULED BODILY INJURY(Per accident) $ x HIRED AUTOSAUTOS X IN AUTOS AUTOS ED Approved frisk Manage ent P OPEa Y DAMAGE $ ?� $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE 9.15-2021 AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION STATUTE I I ERH AND EMPLOYERS'LIABILITY Y I N ANY PROPRIETORIPARTNERIEXECUTIVE ❑ NIA E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEd$ if yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I$ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more apace Is reciulred) CERTIFICATE HOLDER CANCELLATION Monroe County BOCC SHOULD ANY OF THOED ESCRIBED POLICIES BE CANCELLED BEFORE 1100 Sirnonton St. THE EXPIRATIONTHER F, NOTICE WILL BE DELIVERED IN Key West, FL 33040 ACCORDANCE WITHOLICY RO ISIONS. AUTHORIZED REPREE E a 1988-2014 ACORD CORPORATION.All rights reserved. ACORD 26(2014101) The ACORD name and logo are registered marks of ACORD 1001486 132949.9 02-04-2014 0 DATE(MM)DDNYYY) ACC)o CERTIFICATE OF LIABILITY INSURANCE 09/15/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). NTACTRashaud Lee PRODUCER NAME: Ellie Mills Insurance Agency Inc. P",DN a t.305-238 8688 � Ne 305-238-t3608 State,Farm 20330 Old Cutler Road A REss:Rashaud@GotMills.com A Cutler Bay, FL 33189 INSURERS)AFFORDING COVERAGE NAIC If WWI 25178 INSURER A:State Farm Mutual Automobile Insurance Company INSURED McCourt Construction Inc INSURERB: 16155 SW 117th Ave Ste B26 INSURERC: Miami, FL 33 1 77-1 6 1 7 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS !S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN RI TYPE OFINSURANCH AD UB POLICYNUMBER MML➢DYIWYY MM EFF LDDYlYYYY EXP LIMITS LTR COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE RFNTE:O CLAIMS-MACE OCCUR Approved Risk Management PREM[SES Eaoccurrenca $ MED EXP(Any ene person) S PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: 9-15-2021 GENERAL AGGREGATE $ POLICY PRO JECT 1-1LOC PRODUCTS-COMPIOP AGG $ 5 OTHER: A AUTOMOBILE LIABILITY Y G50 0064-E18-59 05/18/2021 11118I2021 Ea acccideDtSINGLELlMIT y 1,000,➢00 ANY AUTO J60 7747-E18-59 05/1812021 11/1812021 BODILY INJURY(Per person) $ ALL OWNED X SCHEOULED BODILY INJURY(Per accident) $ AUTOSpN-ONAVED J49 3505-E18-59 05I18I2021 1111812021 PROPERTY DAMAGE S HIRED AUTOS AUTOS Per accident S UMBRELLA LIAR OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE $ DE❑ RETENTIONS _ S WORKERS COMPENSATION STATUTE ERH AND EMPLOYERS'LIABILITY Y I N ANY PROPRIETORIPARTNERIEXECUTIVE ❑ N 1 A E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? (Mandatary in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IACORD 101,Additional Remarks Schedule,may be attached If more space Is required) CERTIFICATE HOLDER CANCELLATION Monroe County SOCC SHOULD ANY OF THE AB E SCRIBED POLICIES BE CANCELLED BEFORE 1100 Simonton St. THE EXPIRATION DA T EREOF, TICE WILL BE DELIVERED IN Key West, FL 33040 ACCORDANCE WITH P ICY P S NS. AUTHORIZED REPRESEN 01988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD 1001486 132849.9 02-04-2014 a DATE IMMIDDIYYYY) �►�Ro CERTIFICATE OF LIABILITY INSURANCE 09/15/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in Ileu of such endorsement(s). PRODUCER N ACTRaShaud Lee NAME: Ellie Mills Insurance Agency Inc. Ip o .305-238-8688 FAX Ne:305-238-8608 ateFarnr 20330 Old Cutler Road E-MAIADDRESS:Rashaud@GotMills.com ADDR Cutler Bay, FL 33189 INSURE 5 AFFORDING COVERAGE NAIC# W INSURER A;state Farm Mutual Automobile Insurance Company 25178 INSURED McCourt Construction Inc INSURERS: 16155 SW 117th Ave Ste B26 INSURER C: Miami, FL 33177-1617 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ADDLSINSR TYPE OF INSURANCE UB POLICY NUMBER MMID➢POLICY EFF MMIDDIYYYY LIMITS LTR COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTE15- CLAIMS-MADE OCCUR Approved Risk Managem nt PREMISES Ea occurrence $ �� MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S PRO- PRODUCTS-COMPIOP AGG $ POLICY❑JECT LOC 9_15-2021 $ OTHER: CO A AUTOMOBILE LIABILITY Y G98 0899-E18-59 05/18/2021 11/18/2021 Ea aoddeD SINGLE LIMIT S 1,000,000 ANY AUTO G451081-E18-59 05118/2021 11118/2021 BODI LY INJURY(Per person)ALL S AUTOS ED X AUTOSULED J60 7766-E18-59 05/18/2021 1111812021 BODILY INJURY(Per aaitlenl) $ NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident 5 UMBRELLA LIAB HOCCUR EACH OCCURRENCE 5 EXCESS LIAB CLAIMS-MADE AGGREGATE 8 CEO RETENTIONS S WORKERS COMPENSATION STATUTE OR H AND EMPLOYERS'LIABILITY Y I N ANY PROPRIETORIPARTNERIEXECUTIVE ❑ NIA E.L.EACH ACCIDENT 3 OFFICERIMEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S If es,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remark$Schedule,may be attached If more apace Is required) CERTIFICATE HOLDER CANCELLATION Monroe County BOCC SHOULD ANY OF THE ABO D RIBE LICIES BE CANCELLED BEFORE 1100 Simonton St. THE EXPIRATION DAT T REOF Q ICE WILL BE DELIVERED IN Key West, FL 33040 ACCORDANCE WITH T P ICY PR ISl S. AUTHORIZED REPRE T ©1988-2014 AC RD CORPORATION.All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD 1001486 132849.9 02-04-2014 DATE IMMIDDIYYYY) AcoRo CERTIFICATE 4F LIABILITY INSURANCE 09/15/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement($). PRODUCER NAME, Rashaud Lee Ellie Mills Insurance Agency Inc. P"C" AX nrcNOo - - 305-238-8608 StateFarm 20330 Old Cutler Road E-MAILADDRESS:Rashaud@GotMills.com Cutler Bay, FL 33189 rNSURER S AFFORDING COVERAGE NAIC N r►w, INSURER A state Farm Mutual Automobile Insurance Company 25176 INSURED McCourt Construction Inc INSURER B: 16155 SW 117th Ave Ste B26 INSURER C: Miami, FL 33177-1617 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL�SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCEINRD WVD POLICY NUMBER 4MMIDDrYYYY1 (MMtDDIYYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO HEN FLD CLAIMS-MADE OCCUR Approved Risk Management PREMISES Ea occurrence $ MED EXP(Any one person? $ PERSONAL&AOV INJURY $ GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY❑JEGT PRO- LOC 9 15s2Q21 PRODUCTS-COMP/OP AGG $ OTHER: $ A AUTOMOBILE LIABILITY Y G71 8521-El 8-59 05/18/2021 11/18/2021 EaacccideDISINGLELIMI7 $ 1,000,000 ANY AUTO J63 2636-E18-59 05/18/2021 11/18/2021 BODILY INJURY(Per person) $ ALL AUTOS X SCHEDAUTOS J63 2637-E18-59 05/1812021 111181202i BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS J894576-B11-59 08111/2021 02/1112022 a $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION STRTUTE [ER AND EMPLOYERS'LIABILITY Y f N ANY PROPRIETORIPARTNERIEXECU77VE ❑ N r A E.L.EACH ACCIDENT S OFFICER/MEMBER EXCLUDED7 (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ 4T yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES(ACORD 10t,Addwonsr Remarks Schedule,may be attached If more space Is requrred) CERTIFICATE HOLDER CANCELLATION Monroe County BOCC SHOULD ANY OF THE AB DE RIBED P LI IES BE CANCELLED BEFORE 1100 Simonton St. THE EXPIRATION D TH EOF, TICS WILL BE DELIVERED IN Key West, FL 33040 ACCORDANCE WITH T E PO Y PRO ION . AUTHORIZED REP RESEN A ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 26(2014101) The ACORD name and logo are registered marks of ACORD 1001486 132849.9 02-04-2014 Doe#2341675 Bk-#3128 Pg#843 Recorded 9/28/2021 at 10:43 AM Pages 9 Filet]and Recorded in Official Records of NIONROE COUNTY KEVIN MADOK REC: $78.00 2010 MAJADocument A3121 Performance Bond Bond#OFB5951901 CONTRACTOR: - SURETY: (Name, legal status and address) (Name, legal status and principal place McCou rt Construction,Inc. ofbusiness) 16155 SW 11 7th Ave.,#26B Old Republic Surety Company This document has important legal Miami,FL 33177 P.O:Box 1635 consequences.Consultation with Milwaukee,WI 53201 an attorney is encouraged with OWNER: respect to its completion or (Name, legal status and address) modification- Monroe County Board of County Any singular reference to Commissioners 500 Whitehead Street Contractor,Surety,Owner or Key West,FL 33040 other party shall be considered plural where applicable. CONSTRUCTION CONTRACT AIA Document A312-201 0 Date: August 18,2021 combines two separate bonds,a Performance Bond and a Amount:$203,500.00 Payment Bond,into one form. This is not a single combined Description: Pickleball Courts Design and Installation Performance and Payment Bond. (Name and location)RFP-375-0-2021 BOND Date:August 30,2021 (Not ear-tier than Construction Contract Date) Amount: $203,500.00 Modifications to this Bond: El None 0 See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) l McCourt ConsAoction,Inc. Old Republic any Signature: Signature: Name Daniel Mc n ame 0 a Is is r a and Title: President and Title: Att rney n-Fact (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMA TION ONI.r—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Security Bond Associates,Inc. (Architect,Engineer or other party:) 10131 SW 40th Street Miami,FL 33155 (305)552-5414 Init. AIA Do.urn.rii.312--..10-The American Institute of Architects. - - --------- Doc.#2341675 Page Number:2 of 9 §1 The Contractor and Surety,jointly and severally;bind themselves,their heirs,executors,administrators,successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. §2 If the Contractor performs the Construction Con'ract,the Surety and the Contractor shall have no obligation under this Bond,except when applicable to participate in a conference as provided in Section 3. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default.Such notice shall indicate whether the Owner is requesting a conference among the Owner,Contractor and Surety toIdiscuss the Contractor's performance.If the Owner does not request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice, request such a conference.If the Surety timely requests a conference,the Owner shall attend.Unless the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten (10)business days of the Surety's receipt of the Owner's notice.If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. §4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent the Surety demonstrates actual prejudice. §5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one ofthe following actions: §5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; §5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; §5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or §5.4 Waive its right to perform and complete,arrange for completion,or obtain 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 determined,make payment to the Owner;or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. §6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner.If the Surety proceeds as provided in Section 5.4,and the Owner refuses the payment or the Surety has denied liability,in whole or in pi rt,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. i Init. AIA Document A312TM—2010.The American Institute of Architects. 2 Doe.#2341675 Page Number: 3 of 9 §7 If the Surety elects to act under Section 5.1,5.2 br 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner�inder the Construction Contract.Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal,design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or failure io act of the Surety under Section 5;and .3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual yed performance or non-performance of the Contractor. damages caused by dela §8 If the Surety elects to act under Section 5.1,5.3 r 5.4,the Surety's liability is limited to the amount of this Bond. §9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs,executors,administrators,successors and assigns. §10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. §13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. I §14 Definitions §14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments•made to or on behalf of the Contractor under the Construction Contract. §14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. §14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. §14.4 Owner Default.Failure of the Owner,which J ias not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform an complete or comply with the other material terms of the Construction Contract. i §14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §15 Ifthis 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. ]nit. AiA Document A312TM—2010.The American Institute of Architects. 3 t Doe.#2341675 Page Number: 4 of 9 §16 Modifications to this bond areas follows: None I (Space is provided below for additional signatures ofadded parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address CAUTION:You should sign an original AIA Contract bocurnent,on which this text appears in RED.An original assures that changes will not be obscured. Init AIA Document A312—-2010.The American Institute of Architects. 4 t Doe.#2341675 Page Number: 5 of 9 12-0trAIADocument A3127 - 2010 Payment Bond Bond#OF65951901 CONTRACTOR: SURETY: (Name,legal status and address) (Name, legal status and principal place McCourt Construction,Inc. ofb. Constr 'siness) u 1 16155 SW 117th Ave.,#26B Old Republic Surety Company This document has important legal Miami,FL 33177 P.01 Box 1635 Milwaukee,WI 53201 consequences.Consultation with an attorney is encouraged with OWNER: respect to its completion or (Name, legal status and address) modification. Monroe County Board of County Any singular reference to Commissioners Contractor,Surety,own 500 Whitehead Street er or Key West,FL 33040 other party shall be considered plural where applicable. CONSTRUCTION CONTRACT AIA Document A312-201 0 Date: August 18,2021 combines two separate bonds,a Performance Bond and a Amount:$203,500.00 Payment Bond,into one form. This is not a single combined Description: Pickleball Courts Design and Installation Performance and Payment Bond. (Name and location)RFP-375-0-2021 BOND Date'. August 30,2021 (Not earlier than Construction Contract Date) Amount:$203,500.00 Modifications to this Bond: 0 None 11 See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corp rate rate Seal) at onstruction,Inc. Old Republic Su any MOC 'u Sign. Signature: N.rn. Name ld� b ra Octal and Title:President and Title: tt06 e -In-Fact (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Security Bond Associates,Inc. (Architect,Engineer or other party:) 10131 SW 40th Street Miami,FL 33155 (305)552-5414 Init. AIA Document A312--2010-The American Institute of Architects. 6 Doc.#2341675 Page Number: 6 of 9 §1 The Contractor and Surety,jointly and severally bind themselves,their heirs,executors,administrators,successors and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated hereif by reference,subject to the following terms. §2 If the Contractor promptly makes payment of all sums due to Claim'ants,and defends,indemnifies and holds harmless the Owner from claims,demands,liens orllI suits by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance If the Construction I Contract,then the Surety and the Contractor shall have no obligation under this Rond. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13) of claims,demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims,demands,liens or suits to tliie Contractor and the Surety. §4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend,indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit. §5 The Surety's obligations to a Claimant under this Bond shall arise after the following: §5.1 Claimants,who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim;and .2 have sent a Claim to the Surety(at the address described in Section 13). §5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in Section 13). §6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. §7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: §7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and §7.2 Pay or arrange for payment of any undisputed amounts. §7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement.If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. §8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided under Section 7.3,and the amount of this Bond shall be credited for any payments made in good faith by the Surety. §9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,if any,under any construction performance bond.By the Contractor furnishing and the Owner accepting this Bond,they agree:that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond,subject to the Owner's priority to use the finds for the completion of the work. Init. AtA Document A312T.—2010.The American Institute of Architects. 6 Doc.#2341675 Page Number: 7 of 9 1 §10 The Surety shall not be liable to the Owner,Claimants or others for obligations ofthe Contractor that are unrelated to the Construction Contract.The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligation to snake payments to,or give notice on behalf of,Claimants or otherwise have any obligations to Claimants under this Bond. §11 The Surety hereby waives notice of any chang I,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §12 No suit or action shall be commenced by a Cla mast under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction ofthe suit shall be applicable. §13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received. §14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §15 Upon request by any person or entity appearing to be a potential beneficiary ofthis Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. §16 Definitions §15.1 Claim.A written statement by the Claimant including at a minimum: .1 the name ofthe Claimant; .2 the name of the person for whom the labor was done,or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description ofthe labor,materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance ofthe Construction Contract; .6 the total amount earned by the Claimant for labor,materials or equipment furnished as ofthe date of the Claim; .7 the total amount of previous payments received by the Claimant;and .8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as ofthe date ofthe Claim. §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 performance of the Construction Contract.The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.The intent of this Bond shall be to include without limitation in the terms"labor,materials or equipment"that part of water,gas,power,light,heat,oil, gasoline,telephone service or rental equipment used in the Construction Contract,architectural and engineering services required for performance ofthe work of the Contractor and the Contractor's subcontractors,and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were furnished. i §16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. (nit. AIA Document A312TM-2010.The American Institute of Architects. 7 Doe.#2341675 Page Number: 8 of 9 • I I §16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. I §16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. §18 Modifications to this bond are as follows: Nine i I I (Space is provided below for additional signatures ofadded parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: SignatuI e: Name and Title: Name and Title: Address Address CAUTION:You should sign an original AIA Contract!Document,on which this text appears in RED.An original assures that changes will not be obscured. AIA Document A312T--2010.The American Institute of Architects. In it. $ Doe.#2341675 Page Number: 9 of 9 ........... X 8r i *0FB595190i SVRETV-,�,CCIM POWER iTTORNE4� K OPP , nstitute KNOVALO�MEN, Y THESE REPUBLICA Iscons. stooinunuag , tn; omake. air �W'appoint: MAR("MI;R qEDES RAM1L_9 tA H IS �M& qk*L�"RRIS;,J� S C 13RE",;�OFMIAMI RTli, r V. f A, t g the to ui d dolive"waffix thC - seal and lawful,=�j" orityo�jor And on behalf 6f, c tripany2ag; M-F dcrtakings,iecognizaracesiir other written obligations in the nature thereof, (other than bail bonds,batik I of -company thereto(ifa seal is required),bonds;-Urk� depository bonds sea go )rgagedglicierey bdralsvnorgage guaranty bonds,guarantees of iistalln6m,paper and i te. y To`workers compensatt4n bonds gixatattteetrg paytnetii of benefts or black;lung bonds) w�: "tg�t�g.' presents are and. ufii6ed.- rand to bmd`,Ol-D REPUBLIC SUR>:TY COMPANY thereb}r and all bf the acts of said Aftmrnbyti;in�Fa- 09i�:,�Mis Power of"Aitorney held 0 0special is,appointmen isO der a - 1 7 of dirccfb�s oribe 6LDRV_P1JBLlC SURETY COMPANYon *'sealed by. ca-Mmile- c fa" " d&and by a 0 February 18,1992. -4s.j9t4rt Ide presid 'y, hit 41, 1' ,, iffllh".fteiar�kqf.-any Xappo attorneys ttf RESOLVED tUal'�AH4 president aby,N- j0c-Prc$J'get,or ent,i*,qoPjPnP iota,�Y 'me jintradfif-in Leh and on behalf ofiho�conipapy to "iiiiet or agents with"a'at. may is a I arnWoor nit �4ri thwi#0trunic th ,pfa, A,, at evi theing�_e!# ag— - — , I - � -.1 iremove,- ar fall kinds' d ofJqqS ings,recogiaizances,-and'sure a , oxcedic1tridd6liveirand affix the spol'6ftla�c0t*0any t6'bimd&,pA eWaki -Pay any such attorney-m-fact or f Aft �picvio-MY giiinted to agen�"d revoke Arty Power.' such RESOLVED FURTHF%Ahavanybo n.';'Ufide_rtakaig re,gogqjzance,6 V&btyship oblga tor shall_be valid"and bfrn.,g, 1,i p44i,ha;CO3 ' 124 (i)when signedby the president any�y4cepfvsident,or Assx§tari vi0cp�&gjodit,rao aAcAid,ad sealed(ifA seal berdquired)by any, I r ar assistant secretary;or-` (ii)when signed y,g ,p�iaen a4,vipresident or assistant t v rag§isant secretaq��and cdoite raign cdifa seal be required)by a duly authorzed attorney-n-factor agent,mr -faq cirts,punuana to,praf,w. -in ithin the limits,ofthe,authorit_y,. du qjap qt..more attorneys or a&, when ly executed-and Waled(if seaIlic evidenced by Power er ok1Aft*o6iq'Y',is9ff,6d byjh__ e cbritpa0�yjo.such,person or Persons. ,., RESOLVED.#.VRTHEk;that the signaturb,roV,any suth6riibd,.offju&�ifid the s by facsimile to any.Power ofAttomey or 6rtiAgad6..thcre?6f authon-ing any b6ud,undertaking,,,`4ecognizanoe�,or otfick sihretyshi6obligations of 016 ctimpany; a such signature and seal when so used shall,havc the same force andeffect as though manually affixed. V L ts to signed _js d &i and its c6rhOiatc seal to be b64A bi� -Propero officer 40 6SURFTV'.., IN WITNESS WHEREOF, 7, f MARCH 202 n' Tft, z! 9t affixed this -rY,_-,c-0MPANV 0,Lb:RjtpuBL.ic suRE 7_7 n; V "Assistant Sezre y Q $EALr v 2 V, STATE OF 9b6i,;sIN,COUNTYOF WXGkESIiV§§ PresidentMAIa ' .. ........ W a nally e4rac-befbre Ine. Qrithiir f '"' ,Alan Pit 1�1 ,202 gE-rY COMPANY who executed the,abvve AlICarer.�Haffnex to me known to be the individuals and officers of the,OLD REPUBLIC$L I y piis,�,_ say; that they sr�i the 4 _officers 6f_e--. duly :11,and ,, . " t", corporation aforesaid,and that the seal affixed to the above instrnment is the al of the corporation, at id corporate seai and their signatures as such officers were duly affi�ced and subsenbed to the said instrument by the authvnty of tfte board of directors of said corporation�' M mission expires: 9/28/2022 ............................. y go. ....... ..... e thistins6amoht) (I!Xplr i ofnofir6_commission does n6trJifiVI6dett, Power W._isc&nih `EkTI#YAhat the fbe496t#9 aTiO attached-,t'the undersigno 0 i4k, C, 0 k a--driMuitherracirg at the R§61utions o tit 'd.,assistantsecre secretary 13 P6,w new inl,,�-�,,,. of that rth in the .er of A oraqy;�arc ;- force force and haaxnot,g�p.ra�o r e WI this30 ��"dLy DJr!2A&J 2021 . ...... Sign at.th.c 4�tt) Signed A v, p n.x "I J`SEA:L,` Assistant Secretary s g4*% ai Z, 'A. SFqU.4I"vY,,.13&4** AS061Afji 4s ....... 22851-W---- __F�OAOTtS 102Q20,___