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10/20/2021 Agreement P`JR COURT 4 11 Kevin Madok, CPA ti\.'-{ • = Clerk of the Circuit Court&Comptroller—Monroe County, Florida 1�N,pCQ COUN�� DATE: November 4, 2021 TO: Breanne Erickson, Contract/Budget Administrator Project Management I FROM: Pamela G. Hanc.4.C. SUBJECT: October 20'h BOCC Meeting Attached is an electronic copy of the following item for your handling: El Agreement with Ferreira Construction Southern Division Co., Inc. for the Harry Harris Park Wilkinson's Point and Beach Jetty Hurricane Repairs in the amount of$448,400.00. This project is part of the Hurricane Irma recovery effort. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 Agreement Between Owner and Contractor Where the basis ofpayment is a STIPULATED SUM AGREEMENT Made as of the 201 Day of October,2021 BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West,Florida 33040 And the Contractor: Ferreira Construction Southern Division Co.,Inc., A Florida Foreign Profit Corporation,whose principal address is: 31 Tannery Road Branchburg,New Jersey 08876 But whose address for purposes of this Agreement is: 9455 Northwest 104'h Street Medley,Florida 33178 For the following Project: HARRY HARRIS PARK WILKINSON'S POINT& BEACH JETTY HURRICANE REPAIRS Scope of the Work The Scope of Work for this Project relates to the repair of two existing structures at Harry Harris Park,as outlined on the provided plans.Repair work includes large armor stone placement,crushed limestone fill with geotextile liner,and asphalt pavement along the delineated walkways. The Scope of Work shall include, but not be limited to, all work shown and listed in the Project Documents and Specifications. The Contractor is required to provide a complete job as contemplated by the documents and specifications, which are a part of this bid package. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies, permits, and any other means of construction necessary or proper for performing and completing the repairs listed. Acquire all necessary permits, including any fees as a part of the bid. Contractor shall supply all of the needed materials and hardware to complete the Project and properly dispose of debris. Page 1 of 37 ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract(General, Supplementary, and other Conditions), Drawings, Specifications, Proposal Documents,Addenda issued prior to execution of this Agreement, together with the response to RFP and all required insurance documentation, and Modifications issued after execution of this Agreement. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9.In the event of a discrepancy between the documents,precedence shall be determined by the order of the documents as just listed. ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others,or as follows: N/A ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date to be fixed in a Notice to Proceed issued by the Owner. The Contractor shall achieve Substantial Completion of the entire Work not later than Four Hundred Twenty-Two (422) calendar days after the date of commencement or issuance of a Notice to Proceed. The time or times stipulated in the contract for completion of the work of the contract or of specified phases of the contract shall be the calendar date or dates listed in the milestone schedule. Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extensions in time as set forth by the Director of Project Management's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. FIRST SECOND 31 ST DAY& CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under$50,000.00 $50.00/Day $100.00/Day $250.00/Day $50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day $100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day $500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day The Contractor's recovery of dame es and sole remedy for anA dela)) caused by,.the Owner shall be an extension of time on the Contract. Uncontrollable Circumstance. Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Parry's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen,was unavoidable: (a)acts of God; (b)flood, fire, earthquake,explosion,tropical storm,hurricane or other declared emergency in the geographic area of the Page 2 of 37 Project; (c)war, invasion,hostilities(whether war is declared or not),terrorist threats or acts,riot,or other civil unrest in the geographic area of the Project;(d)government order or law in the geographic area of the Project; (e)actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project;(each,a"Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section.Contractor shall give County written notice within seven(7) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance,and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek additional time at no cost to the County as the Owner's Representative may determine. The Contractor may only seek a no cost Change Order for such reasonable time as the Owner's Representative may determine. ARTICLE 4 Contract Sum 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Four Hundred Forty-Eight Thousand Four Hundred and 00/100 Dollars($448,400.00),subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates,if any,which are described in the Contract Documents and are hereby accepted by the Owner:N/A ARTICLE_5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Director of Project Management, and upon approval for payment issued by the Director of Project Management and Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one(1)calendar month ending on the last day of the month. 5.3 Payment will be made by the Owner, upon receipt of a proper invoice from the Contractor, in accordance with the Florida Local Government Prompt Payment Act, Section 218.735, Florida Statutes and Monroe County Code. The Contractor is to submit to the Owner invoices with supporting documentation that are acceptable to the Monroe County Office of Clerk and Comptroller (Clerk). Acceptability to the Clerk is based upon generally accepted accounting principles and such laws,rules and regulations as may govern the disbursal of funds by the Clerk. The Owner is exempt from sales and use taxes. A copy of the tax exemption certificate will be provided by the Owner upon request. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and Page 3 of 37 supported by such data to substantiate its accuracy as the Director of Project Management may require.This schedule,unless objected to by the Director of Project Management, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion ofthe Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values,less retainage of five percent (5%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be the net cost to the Owner,less Overhead,Profit and Documented Costs incurred prior to the change Request, as indicated in the corresponding line item in the Approved Schedule of Values for that line item as confirmed by the Director of Project Management.When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase,if any,with respect to that change. 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing), less retainage; 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions. 5.7 Retainage of five percent(5%)will be withheld in accordance with Section 218.735(8)(a),Florida Statutes. ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when(1) the Contract has been fully performed by the Contractor and the work has been accepted by the Owner except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements,if any,which necessarily survive final payment, and(2)a final approval for payment has been issued by the Director of Proj ect Management. Such final payment shall be made by the Owner not more than twenty(20)days after the issuance of the final approval for payment. The following documents (samples in section 01027, Application for Payment)are required for Final Payment: (1)Application and Certificate for Payment (2)Continuation Sheet (3)Certificate of Substantial Completion Page 4 of 37 (4)Contractor's Affidavit of Debts and Claims (5)Contractor's Affidavit of Release of Liens (6)Final Release of Lien (7)Contractor shall provide two(2)hard copies in tabulated divided binders and one(1)saved electronically tabbed and indexed in Adobe Acrobat file(.PDF) format delivered on a common form(i.e. flash drive)of all the following,but not limited to: A.Project Record Documents(As Built Documents). B. Operating and maintenance data, instructions to the Owner's personnel. C.Warranties,bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Electronic copies of approved submittals. G.Evidence of payment and final release of liens and consent of surety to final release(includes final release from all utilities and utility companies). H. Copies of either a Certificate of Completion or Certificate of Occupancy issued by the Monroe County Building Department. ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. 7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities, of the General Conditions. 7.4 Annual Appropriation. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated, and the County has no further obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. 7.5 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid,proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on Page 5 of 37 leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,or consultant under a contract with any public entity,and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017,Fla. Stat., for CATEGORY TWO for a period of thirty-six(36)months from the date of being placed on the convicted vendor list. 7.6 The following items are included in this contract: a) Maintenance of Records. Contractor shall maintain all books,records,and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven(7) years from the termination of this Agreement or five(5)years from the submission of the final expenditure report as per 2 CFR§200.33,if applicable,whichever is greater.Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven(7)years following the termination of this Agreement. Right to Audit_ Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records(hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders,bid recaps,bidding instructions,bidders list,etc.);original estimates; estimating work sheets;correspondence;change order files(including documentation covering negotiated settlements);backcharge logs and supporting documentation;general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner or by the Monroe County Office of the Clerk of Court and Comptroller(hereinafter referred to as "County Clerk")to substantiate charges related to this Agreement, and all other agreements, sources of information and matters that may in Owner's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as"Records")shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner or the County Clerk. Owner or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors'representatives.All records shall be kept for ten(10)years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of records,assets,and activities relating to this Project. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement,or were wrongfully retained by the Contractor,the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes,running from the date the monies were paid to Contractor. The Right to Audit provisions survive the termination or expiration of this Agreement. b) Governing Law,Venue,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 action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County Page 6 of 37 and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County,Florida. The Parties waive their rights to trial by jury. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. c)Severability.If any term, covenant,condition or provision of this Agreement(or the application thereof to any circumstance or person)shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction,the remaining terns,covenants,conditions and provisions of this Agreement,shall not be affected thereby;and each remaining term,covenant,condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. d) Attorney's Fees and Costs. The County and Contractor agree that, in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the non-prevailing party and shall include attorney's fees and courts costs in appellate proceedings. e) Binding Effect. The terms, covenants,conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors,and assigns. f) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of counsel. g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of the funding that affect the Project will be provided to each party. h) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties,then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of 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 relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement Page 7 of 37 or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. j) Nondiscrimination/Equal Employment Opportunity. The parties agree that there will be no discrimination against any person,and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances,as applicable,relating to nondiscrimination. These include but are not limited to: 1)Title VII of the Civil Rights Act of 1964(PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended(20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3)Section 504 of the Rehabilitation Act of 1973, as amended(20 USC §794),which prohibits discrimination on the basis of handicaps;4)The Age Discrimination Act of 1975, as amended (42 USC §§6101-6107), which prohibits discrimination on the basis of age; 5)The Drug Abuse Office and Treatment Act of 1972(PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6)The Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970(PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)The Public Health Service Act of 1912, §§ 523 and 527(42 USC §§690dd- 3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8)Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale,rental or financing of housing;9)The Americans with Disabilities Act of 1990(42 USC§ 12101 Note),as may be amended from time to time,relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14,Article 11,which prohibits discrimination on the basis of race,color,sex,religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age;and 11)Any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to,or the subject matter of,this Agreement. During the performance of this Agreement, the Contractor, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R.Part 200, Appendix II,¶C, agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race,color,religion, sex,sexual orientation,gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed,and that employees are treated during employment,without regard to their race,color,religion,sex, sexual orientation,gender identity,or national origin. Such action shall include,but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising;layoff or termination;rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on Page 8 of 37 behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race,color,religion,sex,sexual orientation,gender identity, or national origin. 3. The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 4. The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided, advising the said labor union or workers' representative of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,and of the rules,regulations,and relevant orders of the Secretary of Labor. 6. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965,and by the rules,regulations,and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations,and orders. 7. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules,regulations, or orders,this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965,or by rule,regulation,or order of the Secretary of Labor,or as otherwise provided by law. 8. The Contractor will include the portion of the sentence immediately preceding paragraph (1)and the provisions of paragraphs(1)through(8)in every subcontract or purchase order unless exempted by rules,regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions,including sanctions for non-compliance;provided, however,that in the event a contractor becomes involved in,or is threatened with,litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the Page 9 of 37 interests of the United States. k) Covenant of No Interest. County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 1) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency;unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. m) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission,percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover,the full amount of such fee,commission,percentage,gift,or consideration. n) Employment or Retention of Former County Officers or Employees. Contractor warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employeb subject to the prohibition of Section 2 of Monroe County Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Monroe County Ordinance No. 020-1990. For breach or violation of this provision the County may,in its discretion,terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission,percentage,gift, or consideration paid to the former County officer or employee. o) Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to,and inspection of, all documents,records,papers, letters or other"public record"materials in its possession or under its control subject to the provisions of Chapter 119,Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall,as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Page 10 of 37 Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract,the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records,provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract,transfer,at no cost,to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.If the Contractor keeps and maintains public records upon completion of the contract,the Contractor shall meet all applicable requirements for retaining public records.All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County,but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request,and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records,the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor.A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10,Florida Statutes. The Contractor shall not transfer custody,release,alter,destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC Page 11 of 37 RECORDS, BRIAN BRADLEY, AT PHONE# 305-292-3470, B LEY-BRIAN@ONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEYS OFFICE, 1111 12T Street, SUITE 408, KEY WEST, FL 33040. p)Non-Waiver of Immunity.Notwithstanding the provisions of Sec. 768.28,Florida Statutes,the participation of the Contractor and the County in this Agreement and the acquisition of any commercial liability insurance coverage,self-insurance coverage,or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage,nor shall any contract entered into by the County be required to contain any provision for waiver. q) Privileges and Immunities.All of the privileges and immunities from liability,exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers,agents,or employees of any public agents or employees of the County,when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. r) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to,nor shall it be construed as,relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution,state statute, and case law. s) Non-Reliance by Non-Parties.No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. t) Attestations. Contractor agrees to execute such documents as the County may reasonably require, to include, but not limited to, a Public Entity Crime Statement, an Ethics Statement, Non-Collusion Statement,and a Drug-Free Workplace Statement. u) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member,officer,agent or employee of Monroe County in his or her individual capacity,and no member,officer,agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. Page 12 of 37 v) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original,all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. w) Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of,or in connection with,(A)any activity of Contractor or any of its employees,agents, contractors or other invitees during the term of this Agreement,(B)the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees,agents,sub-contractors or other invitees,or(C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings,costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees(other than Contractor). The monetary limitation of liability under this contract shall be equal to the dollar value of the contract and not less than $1 million per occurrence pursuant to Fla. Stat., Sec. 725.06. The limits of liability shall be as set forth in the insurance requirements included in this Agreement. 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 extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. FDEM Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Agency, the State of Florida, Department of Emergency Management, and its officers and employees,from liabilities,damages,losses and costs,including,but not limited to,reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the(County) Agency's sovereign immunity. Page 13 of 37 x) Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only,and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. y) Disadvantaged Business Enterprise(DBE)Policy and Obligation.It is the policy of the County that DBE's,as defined in C.F.R.Part 26,as amended,shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. §200.321 (as set forth below), applicable federal and state laws and regulations to ensure that DBE's have the opportunity to compete and perform contracts.The County and Contractor and subcontractors shall not discriminate on the basis of race,color,national origin,or sex in award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES. WOMEN'S BUSINESS ENTERPRISES.AND LABOR SURPLUS AREA FIRMS a. If the Contractor,with the funds authorized by this Agreement,seeks to subcontract goods or services,then,in accordance with 2 C.F.R. §200.321,the CONTRACTOR shall take the following affirmative steps to assure that minority businesses,women's business enterprises,and labor surplus area firms are used whenever possible. b. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses,and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements,when economically, feasible,into smaller tasks or quantities to permit maximum participation by small and minority businesses,and women's business enterprises; (4) Establishing delivery schedules,where the requirement permits.which encourage participation by small and minority businesses,and women's business enterprises; (5) Using the services and assistance,as appropriate,of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. (6) Requiring the Prime contractor, if subcontracts are to be let,to take the affirmative steps listed in paragraph(1)through(5)of this section. z) Agreements with Subcontractors.In the event that the Contractor subcontracts any or all of the work in this project to any third party, the Contractor specifically agrees to identify the COUNTY as an additional insured on all insurance policies required by the County.In addition, the Contractor specifically agrees that all agreements or contracts of any nature with its subcontractors shall include the COUNTY as additional insured. aa) Independent Contractor. At all times and for all purposes under this Agreement,Contractor is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this Agreement shall be construed so as to find Contractor or any of its employees,subcontractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. Page 14 of 37 bb) E-Verify System. Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ,contract with,or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of Section 448.095,Florida Statutes. cc) Entire Agreement. This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written,with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in writing, approved by the Board of County Commissioners,and signed by both parties before it becomes effective. dd)Florida Green Building Coalition Standards.Monroe County requires its buildings to conform to Florida Green Building Coalition standards. Special Conditions,if any are detailed in Section 00100 of the Project Manual for this Project. 7.7 Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail,certified,return receipt requested,postage prepaid,or by courier with proof of delivery.The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph.Notice is deemed received by Contractor when hand delivered by national courier with proof of delivery or by U.S.Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the following persons: For Contractor: Ferreira Construction Southern Division Co..Inc. A .. n n n n. _.....M....... .. .M...... M......M..._. Dann; Garcia._Vice President 9455 Northwest 1041 Street Medley, Florida 33178 For Owner: Director of Project Management Assistant Count Administrator, PW&E 1100 Simonton St..Room 2-216 1100 Simonton St. Kev West.Florida 33040 Kev West,Florida 33040 Counix,Attorney 1111 12''Street, Suite 408 Kev West,Florida 33040 7.8 FEDERAL CONTRACT REQUIREMENTS The Contractor and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to C.F.R. Part 200, as amended, including but not limited to: Page 15 of 37 7.8.1 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program legislation, which includes Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program,Port Security Grant Program and Transit Security Grant Program,all prime construction contracts in excess of$2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and §§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to_Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.In addition,contractors must be required to pay wages not less than once a week. If applicable, the County must place a current prevailing wage determination issued by the Department of Labor in each solicitation, a copy of which is attached hereto as Exhibit`°A"and made a part hereof.The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination.The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program),the contractors,in contracts for construction or repair work above $2,000 in situations where the Davis-Bacon also applies, must also comply with the Copeland "Anti-Kickback" Act(40 U.S.C. § 3145), as supplemented by Department of Labor regulations(29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The County must report all suspected or reported violations to the Federal awarding agency. (1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145,and the requirements of 29 C.F.R.Part 3 as may be applicable,which are incorporated by reference into this contract. (2) Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require,and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5.12. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages Page 16 of 37 paid each of its employees engaged in work covered by the Copeland Anti- Kickback Act and the Davis-Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period,to a representative of a Federal or State agency in charge at the site of the building or work. 7.8.2 Contract Work Hours and Safety Standards Act 4 0 U.S.C. § 3701-3708).Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations(29 CFR Part 5).Under 40 U.S.C. §3702 of the Act,each CONTRACTOR must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work,which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph(b)(1)of 29 C.F.R. §5.5,the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated Damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic,including watchmen and guards,employed in violation of the clause set forth in paragraph (b)(1) of 29 C.F.R. §5.5, in the sum of$27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph(b)(1)of 29 C.F.R. §5.5. (3) Withholding for unpaid wages and liquidated damages. The Federal agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the contractor or subcontractor under any such Page 17 of 37 contract or any other Federal contract with the same prime contractor,or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph(b)(2)of 29 C.F.R. §5.5. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in 29 C.F.R. §5.5,paragraphs(b)(1)through(4), and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in 29 C.F.R. §5.5,paragraphs(1)through(4) 7.8.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement"under 37 CFR§401.2(a)and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under FOR Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 7.8.4 Clean Air Act (42 U.S.C. §7401-7671tf.) and the Federal Water Pollution Control Act t33 U.S.C. 1251 1387, as amended. CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§7401- 7671q), as amended, and the Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA/Federal Agency and the appropriate Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. §§7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. §§1251- 1387), as amended—applies to Contracts and subgrants of amounts in excess of$150,000. The contractor agrees to include these requirements in each subcontract exceeding$150,000 financed in whole or in part with Federal assistance provided by FEMA/Federal agency.The Contractor agrees to report each violation to the COUNTY,understands, and agrees that the COUNTY will, in turn, report each violation as required to assure notification to FEMA/Federal Agency and the appropriate EPA Regional Office. 7.8.5 Debarment and Suspension(Executive Orders 12549 and 12689). A contract award under a "covered transaction" (see 2 C.F.R. §180 220) must not be made to parties listed on the government-wide exclusions in the System for Award Management(SAM), in accordance with the OMB guidelines at 2 C.F.R. Part 180 that implement Executive Orders 12549 (3 C.F.R.Part 1986 Comp.,p. 189)and 12689(3 C.F.R.Part 1989 Comp.,p.235),"Debarment and Suspension" and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and suspension). SAM Exclusions contains the names of parties debarred,suspended,or otherwise excluded by agencies,as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at w.w s? -rr ,,pv.Contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. §180.935) or its affiliates (defined at 2 C.F.R. §180.905) are excluded(defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. Page 18 of 37 §180.935). The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.This certification is a material representation of fact relied upon by the COUNTY.If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the COUNTY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 C.F.R.pt. 180, subpart C and 2 C.F.R. Pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer.The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 7.8.6 13)Ord Anti-Lobby ins Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award exceeding$100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency,a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. §1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s)to the awarding agency. If award exceeds $100,000, the certification, attached hereto as Exhibit "B" and made a part hereof, must be signed and submitted by the Contractor to the County. 7.8.7 Compliance with Procurement of Recovered Materials as set forth in 2 C.F.R. j 200,322, CONTRACTOR must comply with Section 6002 of the Solid Waste Disposal Act,as amended,by the Resource Conservation and Recovery Act.The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. In the performance of this contract,the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired— 1.Competitively within a timeframe providing for compliance with the contract performance schedule; 2.Meeting contract performance requirements; or 3.At a reasonable price. Information about this requirement,along with the list of EPA-designated items,is available at EPA's Comprehensive Procurement Guidelines website, dc 11"'.'.... .'. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Page 19 of 37 7.8.8 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment as set forth in 2 CFR �200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to(1)Procure or obtain; (2)Extend or renew a contract to procure or obtain; or (3)Enter into a contract(or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation(or any subsidiary or affiliate of such entities). (i)For the purpose of public safety, security of FOR facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii)Telecommunications or video surveillance services provided by such entities or using such equipment. (iii)Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by,or otherwise connected to,the FOR of a covered foreign country. 7.8.9 Domestic Preference for Procurements as set forth in 2 CFR 200.322 The COUNTY and CONTRACTOR should, to the great extent practicable, provide a preference for the purchase, acquisition,or use of goods,products,or materials produced in the United States(including but not limited to iron,aluminum,steel,cement,and other manufactured products).These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award.For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes,from the initial melting stage through the application of coatings,occurred in the United States. (2)"Manufactured products"means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. Other Federal and FEMA Requirements (as applicable) 7.8.10 Americans with Disabilities Act of 1990, as amended(ADA). The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal FOR issued thereunder,and the assurance by the CONTRACTOR pursuant thereto. 7.8.11 Access to Records. Contractor/Consultant and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security (DHS) and the Federal Emergency Management Agency's (FEMA) access to records, accounts, documents, information, facilities, and staff. Contractors/Consultants must: (1) Cooperate with any compliance review or complaint Page 20 of 37 investigation conducted by DHS; (2) Give DHS access to and the right to examine and copy records,accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance;and(3)Submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 7.8.12 DHS Seal.Lo,),o and Flags. Contractor shall not use the Department of Homeland Security seal(s), logs, crests, or reproduction of flags or likeness of DHS agency officials without specific FEMA pre-approval. The Contractor shall include this provision in any subcontracts. 7.8.13 Changes to Contract. The Contractor understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the County and Contractor. 7.8.14 Compliance with Federal Law, Regulations. and Executive Orders. This is an acknowledgement that FEMA financial assistance may be used to fund all or a-portion of the contract.The Contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures,and directives. 7.8.15 No Obligation by Federal EOR. The Federal FOR is not a party to this contract and is not subject to any obligations or liabilities to the COUNTY/non-Federal entity, contractor, or any other parry pertaining to any matter resulting from the contract. 7.8.16 Pro= ram Fraud and False or Fraudulent Statements or Related Acts.The Contractor acknowledges that 31 U.S.C.Chap.38(Administrative Remedies for False Claims and Statements)applies to the Contractor's actions pertaining to this contract. 7.8.17 The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 7.8.17 If this Agreement is funded by the Florida Department of Emergency Management(FDEM),the Contractor will be bound by the terms and conditions ofthe Federally-Funded Sub-award and Grant Agreement between County and the Florida Division of Emergency Management(Division)found at the following link on the Monroe County web page: and incorporated by reference. 7.8.18 The Contractor shall hold the Division and County harmless against all claims of whatever nature arising out of the Contractor's performance of work under this Agreement, to the extent allowed and required by law. Page 21 of 37 ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions. 8.2 In the event that the Contractor shall be found to be negligent in any aspect of service,the County shall have the right to terminate this Agreement after five(5)calendar days'written notification to the Contractor. 8.3 Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60)days' written notice of its intention to do so. 8.4 Termination for Cause and Remedies: In the event of breach of any contract terms, the County retains the right to terminate this Agreement. The County may also terminate this Agreement for cause with Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the County shall provide Contractor with seventy-two (72) hours' written notice and provide the Contractor with an opportunity to cure the breach that has occurred. If the breach is not cured,the Agreement will be terminated for cause. If the County terminates this Agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this Agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract;however,the County reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to Contractor shall not in any event exceed the spending cap in this Agreement. In addition,the County reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2-721 et al.of the Monroe County Code. 8.5 Termination for Convenience: The County may terminate this Agreement for convenience,at any time,upon thirty(30)days' written notice to Contractor. If the County terminates this Agreement with the Contractor,County shall pay Contractor the sum due the Contractor under this Agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract. The maximum amount due to Contractor shall not exceed the spending cap in this Agreement. 8.6 For Contracts of any amount,if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5),Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel,the County shall have the option of(1)terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4),Florida Statutes,are met. 8.7 For Contracts of$1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List,the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria,the County shall have the option of(1)terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to Page 22 of 37 demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4),Florida Statutes,are met. ARTICLE 9 Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are those found in the Request for Proposals. 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Specifications and Construction Drawings enumerated as follows: a) Engineered drawings completed by CPH,Inc.,dated 4/26/21,titled Wilkinson's Point and Jetty Hurricane Repairs at Harry Harris Park; pages C1, Sheet 1 of 2,Sheet 2 of 2, C2, C2.1, C3,C4(dated 8/3/21 as updated in Addendum#1),C5, C5.1,C6,&C6.1. b) Preliminary Geotechnical Engineering Report completed by Universal Engineering Sciences, dated May 28,2020. 9.1.4 The Addenda, if any, are as follows: Number Date #of Pages 1 8/4/21 5 2 8/16/21 4 This Agreement is entered into as of the day and year first written above and is executed in at least one(1) original copy. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Page 23 of37 -J u4 ,14_,I,,•' Contractor must be by a person with authority to bind the entity. a I• .d, ,F=i .1 F THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED. '- BOARD OF COUNTY COMMISSIONERS °.., ,'> lip Madok,Clerk OF MONRO , •' : _ e • ph~oer cou00 6iiii. N 4 . By: By: 1i tl it/ AkA�Jputy Clerk Mayor/Chairman , r--- Date . �r 2 t r: t CONTRACTOR'S Witnesses Attest CONTRACTOR:F E RI -`�-i• - r•T Contractor must provide two witnesses CO TRUCTI OU HE SI. 1Y- c; signatures C s Signature: Signature: Print Name: 31)a 4,1 (ga rc«..� 0 Print Name:NOMl al I W}1 ns Fervo Title: icy ?es.Je. Date: I.D' \LA ' 2 ` Date: 10. N. 2 1 - and Signature: MONROE COUNTY ATTORNEYS OFFICE / Its'ro d� Print Name: 1,-0 r•c. N a va✓/" AI Assw1 CIA 7�p GATE: U/U4 (�1 Date: /6141a) STATE OF BUY'i CI C. ,COUNTY OF M.I CI Ill l - DCkC e On this `q 4h day of OLkcker ,20 IA,before me,the undersigned notary public,by means of El'physical presence or❑online,personally appeared T) r ri ! C"t0.YG1 c1 ,(name of affiant) known to me to be the person whose name is subscribed above or who produced Rr$ona I I y&viol as identification,and acknowledged that he/she is the person who executed the above contract with Monroe County for Harry Harris Pa k Wilkinson's Point and Jetty Hurricane Repairs for the purposes therein contained. ,u ky Notary Public State of Flonda e° k. Yanira Ramos Fenn Notary Public a tuts Commission HH 072945 Yn D C OF ExPirea 12N8/2024 Print Name yan iY'C. _ - Q,Irr 0 My commission expires: l 2 • l h • 2 0.2Lk „` O ,,', % p.�•S cc, 'Z' %../4OTAyp 1 Mv'Crtmm Fvrd•s.¢ • 1 2/1 612 0 24 • _ Page 24 of 37 No.HH072945 GENERAL REQUIREMENTS Where Project Management is Not a Constructor Section 00750 General Conditions Section 00970 Project Safety and Health Plan Section 00980 Contractor Quality Control Plan Section 01015 Contractor's Use of the Premises Section 01027 Application for Payment Section 01030 Alternates Section 01040 Project Coordination Section 01045 Cutting and Patching Section 01050 Field Engineering Section 01200 Project Meetings Section 01301 Submittals Section 01310 Progress Schedules Section 01370 Schedule of Values Section 01385 Daily Construction Reports Section 01395 Request for Information—(RFI) Section 01410 Testing Laboratory Services Section 01421 Reference Standards and Definitions Section 01500 Temporary Facilities Section 01520 Construction Aids Section 01550 Access Roads and Parking Areas Section 01560 Temporary Controls Section 01590 Field Offices and Sheds Section 01595 Construction Cleaning Section 01600 Material and Equipment Section 01630 Post-Proposal Substitutions Section 01640 Product Handling Section 01700 Contract Closeout Section 01710 Final Cleaning Section 01720 Project Record Documents Section 01730 Operation and Maintenance Data Section 01740 Warranties Page 25 of 37 EXHIBIT "A" Department of Labor Wage Determination Page 26 of 37 "General Decision Number: FL20210022 09/10/2021 Superseded General Decision Number: FL20200022 State: Florida Construction Type : Building County: Monroe County in Florida . BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories) . Note : Under Executive Order (EO) 13658, an hourly minimum wage of $10 . 95 for calendar year 2021 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015 . If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10 . 95 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2021 . If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5 . 5 (a) (1) (ii) (or the EO minimum wage rate if it is higher than the conformed wage rate) . The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5 . 1 (a) (2) - ( 60) . Additional information on contractor requirements and worker protections under the EO is available at www.dol . gov/whd/govcontracts . Modification Number Publication Date 0 01/01/2021 Page 27 of 37 l 0I /22 /202I 2 06/I8/202I 3 07 /09/2021 4 09/I0/202I + BI^EC0349-003 09/0I/202I Rates Fringes ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . . $ 37 . 61 11 . 72 ___________________________________________________________ ENGZO487-OO4 07 /01 /2013 Rates Fringes OPERATOR: Crane All Cranes Over 15 Ton Capacity. . . . . . . . . . . . . . . . . . . . $ 29 . 00 8 , 80 Yard Crane, Hydraulic Crane, Capacity 15 Ton and Under. . . . . . . . . . . . . . . . . . . . . . . $ 22 , 00 8 . 80 ___________________________________________________________ ZIlONO272-O04 I0 /0I /2020 Bates Fringes IRONWORKER, STRUCTURAL AND REINFORCING. . . . . . . . . . . . . . . . . . . . . . $ 25 . 79 13 . 34 ___________________________________________________________ PAZNO365-UO4 06/0I /202I Rates Fringes PAINTER: Brush Only. . . . . . . . . . . . . $ 20 . 2I I2 . 38 ___________________________________________________________ SI7FLOBZI-OOI 07 /0I /282I Rates Fringes SPRINKLER FITTER (Fire Sprinklers) . . . . . . . . . . . . . . . . . . . . . . $ 30 . 53 20 . 55 ___________________________________________________________ SBEIC0032-O03 I2/0I/20I3 Page 28uf37 Rates Fringes SHEETMETAL WORKER (HVAC Duct Installation) . . . . . . . . . . . . . . . . . . . . $ 23 . 50 12 . 18 ----------------------------------------------------------- SUFL2009-059 05/22/2009 Rates Fringes CARPENTER. . . . . . . . . . . . . . . . . . . . . . . . $ 15 . 08 5 . 07 CEMENT MASON/CONCRETE FINISHER. . . $ 12 . 45 0 . 00 FENCE ERECTOR. . . . . . . . . . . . . . . . . . . . $ 9 . 94 0 . 00 LABORER: Common or General . . . . . . $ 8 . 62 0 . 00 LABORER: Pipelayer. . . . . . . . . . . . . . $ 10 . 45 0 . 00 OPERATOR: Backhoe/Excavator. . . . . $ 16 . 98 0 . 00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) . . . . . . . . . $ 9 . 58 0 . 00 OPERATOR: Pump. . . . . . . . . . . . . . . . . . $ 11 . 00 0 . 00 PAINTER: Roller and Spray. . . . . . . $ 11 . 21 0 . 00 PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . . . $ 12 . 27 3 . 33 ROOFER: Built Up, Composition, Hot Tar and Single Ply. . . . . . . . . . . . . . . . . . . . . . . $ 14 . 33 0 . 00 SHEET METAL WORKER, Excludes HVAC Duct Installation. . . . . . . . . . . $ 14 . 41 3 . 61 TRUCK DRIVER, Includes Dump and 10 Yard Haul Away. . . . . . . . . . . . $ 8 . 00 0 . 15 ----------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing Page 29 of 37 operation to which welding is incidental . Note : Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017 . If this contract is covered by the EO, the contractor must provide employees with I hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol .gov/whd/govcontracts . Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5 . 5 (a) (1) (ii) ) . ----------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type (s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of " "identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate (weighted union average rate) . Union Rate Identifiers Page 30 of 37 A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example : PLUM0198-005 07/01/2014 . PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers . 0198 indicates the local union number or district council number where applicable, i .e. , Plumbers Local 0198 . The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014 . Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate . Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates . Example : SULA2012-007 5/13/2014 . SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates . LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers ------------ Page 31 of 37 Classification (s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 1000 of the data reported for the classifications was union data . EXAMPLE : UAVG-OH-0010 08/29/2014 . UAVG indicates that the rate is a weighted union average rate . OH indicates the state . The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ----------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1 . ) Has there been an initial decision in the matter? This can be : an existing published wage determination a survey underlying a wage determination a Wage and Hour Division letter setting forth a position on a wage determination matter a conformance (additional classification and rate) ruling On survey related matters, initial contact, including -requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2 . ) and 3 . ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations . Write to: Page 32 of 37 Branch of Construction Wage Determinations Wage and Hour Division U. S . Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2 . ) If the answer to the question in 1 . ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1 . 8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U. S . Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party' s position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue . 3 . ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to : Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4 . ) All decisions by the Administrative Review Board are final . END OF GENERAL DECISION" Page 33 of 37 EXHIBIT "B" Certification Regarding Lobbying Page 34 of 37 APPENDII&A, 44 CAR. PART 18-CERTIFICATION REGARDING LOBBYING (To be submitted with each bid or offer exceeding$100,000) Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies,tmthe best of his mr her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress, or an employee of Member ofCongress in connection with the awarding ofany Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. |f any funds other than Federal appropriated funds have been paid orwill be paid to any person for influencing or attempting to influence an officer oremployee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language Vf this certification be included in the award documents for all subaxvardsat all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subredpients shall certify and disclose accordingly. This certification is e material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title SI, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 d not more than $100,000f h suchfailure. The Contractor, fta certifies or affirms the truthfulness and accuracy of each statement of its,t6rtifickion,and disclosure, if any. In addition, the C d of 31 U.S.C. Chap. 30, an apply to this certification and Signature of tlracto�iAul�-44ed,-Q J ffl Me., �0 4Y Name and'Title of[ontractor'y Authorized Official Date Page 35of37 DrSCLOSLME OF LOBBYING ACM7MS CCWM—v=T1-=Fa&,M TO DISM022 LOBBY NMAe--MMM,'PETFS.U, .A2NT'r0 3'.,,U-&c�,.352 1 Type of FederalAction: 2. fitmus,of Federal.kchow I Report T-ppe- ElZ coutmcc &IHWCMD�"' Hcation &inide b. Fw. b. idtia,,mmd b, Mataw ChzM?-A U, CkM For MAteridChange Only: loau gwmzee IV w .a — Owm f loan inmmme dM of lag MQ n 4- NnwmdAddms-ofR&porfizgEm&.v S. UReporfmgtmtkvinNo.4�Subavr2rdee.. Mater Nme wW Addran of Prkm. E]Rtm E1Sdbza-z-&e "Der--iftnam cangres'SiMA Dubict.if IMMM caegrem-nma Dftdct ffbnMM 6. Federal DepartmnVApney. 7. Fedmil Progrm Namsgemipdan: CFDA Number,if arykabLe L P. AwardAme ant iftnom: IS- a. Nzwm9zdAMrmsofUbkrEafitv b. ladhidwIsPerforningSarkes Cbxbd=' (H indEvid-aw"Int own,fin-t rame,MI) a if dffmm:t from No.100) C.av mwe,fntwm&M3) (ROCh COR-AaRUM Iftetl',el MMM-2*1 .W of psymeot,(ChKk an not 17PI.V) achuE 0 plmned a- retairer b. one-d=&-e 12- FrrmdPsL-�imal(checrka3ibiti.ppir),- C. cammsion a_Cash d, rw-dkzuAhe b. !zAkA specffy: naMes a defiEnd IT2v- E claff.SpKif�, 14. offlvw(s); or meiaber(s)core, et for Payewat Yadicated ft Tkin U: I,at=ft Ccutruffkm Shen�i)ifamesi"L I& contiawfian Sbtet(s)attack@&- Yes El No 0 w S4zanxye: vu made cr auund Lvv. Mu&xrb==is roqdmd Print NOMM P=-.wwar.tc3;2U-5,C,1352. Thisinkonsticavdilbo ropmud to CMqM1 Samumcnaky Md wo U z7aibw*hT pub5c kspecd= "pwv=wbo&D.ft EU&a=Tximd &%daswe%ha bowA&ct Ir,a chi]rzally af not kw,%,*= I I CC*D avA nft mmv*=,5 M,OM fw aazl=b ME= Talqbme No.- DWE AW-hadzed ft LccK Rapoducum F,-dffr,il Use Onh- Slmndwd Form-LLL .2-6c FAR 7 2COUNTY Page 36 of 37 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C.section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency,a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence,the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported,enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name,address,city,state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks"Subawardee"then enter the full name,address,city,state and zip code of the prime Federal recipient. Include Congressional District,if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name,if known. For example,Department of Transportation,United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1(e.g., Request for Proposal(RFP)number,Invitation for Bid(IFB)number,grant announcement number,the contract grant.or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes,e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a)Enter the full name,address,city,state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b)Enter the full names of the individual(s)performing services and include full address if different from 10(a). Enter Last Name,First Name and Middle Initial(MI). it. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4)to the lobbying entity (item 10). Indicate whether the payment has been made(actual)or will be made(planned). Check all boxes that apply. If this is a material change report,enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution,specify the nature and value of the in-kind payment. 13. Check the appropriate box. Check all boxes that apply. If other,specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s)of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s)or employee(s)contacted or the officer(s)employee(s)or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s)is attached. 16. The certifying official shall sign and date the form,print his/her name,title,and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction,searching existing data sources, gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project (0348-0046),Washington,D.C.20503. SF-LLL-Instructions Rev.06-04- 9NENDEN 2-6d PART 2/COUNTY Page 37 of 37 SECTION 00120 NON-COLLUSION AFFIDAVIT Danny Garcia of the city Miami .... according to law on my oath,and under penalty of perjury,depose and say that: 1. 1 am Vice President of the firm of FERREIRA CONSTRUCTION SOUTHERN DIVISION CO., INC. the proposer making the Proposal forte project described in the notice for calling for proposals for: and that I executed the said proposal with full authority to do so; 2. The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor;and 3. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed byte 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-vNrill be ofade by the proposer to induce any other person, partnership or corporation wil'subiijit, (r n(II to submit, a proposal for the purpose of restricting competition;and Zf/ 5. Vbe-Mate mcnts ci)n JAin in th'1s idavrt e true and correct, and made with full knowledge of �"'d s pro) aid "Z> ILI 8/23/2021 (Signature oser) (Date) STATE OF: Florida COUNTY OF: Miami Dade Subscribed and sworn to(or affirmed}before me,by means of physical presence or 0 online notarization,on 8/23/2021 (date) by_Danny Garcia . ffl .....................................-,-(name of aant). He/She is personally known to me or has produced Personally Known (type of identification}as identification, 4, ftftlb�, %tary=Pubkc State of rrtor�da NOTARY PUB1,10' rf Yanks Ramos Ferro M�y MY COMMisllion HH 072945 Exp'rar I Jim 21 V;fAL) ires: 12/16/2024 EXPima 12/161 MA 0 My commission ex� Z MY COMM.Expi"ef; ' NO.WJ�07,2w' PROPOSAL FORM 00120-Page 25 of 319 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO.010-1990 MONROE COUNTY,FLORII)A ETHICS CLAUSE ,,FERREIRA CONSTRUCTION SOUTHERN DIVISION CO., INC. ,, (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. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, o n r otherwise recover,the full aln0'dt,',,0f—qpy f'66`,'"'commission, percentage,gift,or consideration paid to the former County officer or e If (Signature) Date: 8/23/2021 STATE OF: FLORIDA COUNTY OF: - Subscribed and sworn to(or affirmed)before me,by means of 4 physical presence or 0 online notarization, on8/23/2021 (date) by DANNY GARCIA -..___-_-___._(name of affiant). He/She is personally known to me PERSONALLY KNOWN I or has produced (type of idejitf," cation)as identification. Notary Public State of Florida NOTARY P(J V3LIC Yanira Ramos Ferro my commission H14 072945 2/16/2024 Expires 12116(.MBAL) MY commis n expires: N 7- MY COhrm.EAj, 12/16,12C24 PROPOSAL FORM 00120-Page 26 of 319 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287,087 hereby certifies that: FERREIRA CONSTRUCTION SOUTHERN DIVISION CO., INC. --------------------------------- ........... (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace,the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse 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 solo 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 conxJcted. 6. Makes a good faith effort to continue to maintain a drug-free workplace throng "n le entatioti-o'i this section. wt As the person authorized to sign the statement,I certify that th ith t0 ,ldremept'S" 7 Propo Uf ignioAlre ..... 8/23/2021 Z- Date STATE OF:FLORIDA COUNTY OF:MIAMI- DADE Subscribed and sworn to(or affirmed)before me,by means of A physical presence or 0 online notarization,on 8/23/2021 (date)by DANNY GARCIA I(name of afflant). He/She is personally known to me or has produced PERONALLY KNOWN (type of identifiqaitj6n)as identification. Notary Public State of Fton" NOTARY PUBt.,1C Yanira Ramos Fe 12/16/2024 My Commission HN My commission expires.__ Expires 12/1612024 -.'vy cornrn. 12116i2C24 PROPOSAL FORM 0 Page 27 of 319 0 120 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, FloyKla St testes, for CATEGORY TWO for a period of 36 months from the date of being placed on the coii,/icted v ridor list." r E WEIRA CONSTRUCTION SOUTHERN DIVISION GO.,INC. the t neith (Proposer's I have read the above and st4 name)nor any Affi�iatcAas 6cen p, ce)"on tb convicted vendor list within the last thirty-six(36)months. (Sig at Date. 8/2�/2021 FLORIDA STATE F. COUNTYOF: MIAMI-DADE Subscribed and sworn to(or affirmed)before me,by means of physical presence or 0 online notarization,on8/23/2021 (date) by-DA.................................. GARCIA ------(name of affiant), He/She is personally known t®me or has produced PERSONALLY KNOWN (type of identificatio I identification. ............... NOTARY PUBLIC (SEAL) My commission expire: 12/16/2024 vi i Notary Public State of Florida r Y Yanira Ramos Ferro L E (I _ My Co-rilssion HH 0-12945 T_I aro E-Pim 1211612024 It 4� PROPOSALFORM 00120-Page 28 of 319 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s):HARRY HARRIS PARK WILKINSON'S POINT&BEACH JETTY HURRICANE REPAIRS ------------------ ——-------—-- Respondent Vendor Name: FERREIRA CONSTRUCTION SOUTHERN DIVISION CO., INC. Vendor FEIN: 22-3 3 3 4 9 5 7 Vendor's Authorized Representative Name and Title: DANNY GARCIA-VICE PRESIDENT ............. ................— Address: 9455 NW 104TH ST ... .......... -------- City: _MEDLEY State: FLORIDA Zip: ,33178 ...........- Phone Number 305-805-6900 Email Address: DGARCIA@FERREIRACONSTRUCTION.COM --—------------ 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 listed 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 bu iniss"op'Lrations in Cuba or Syria. Certified By. DANNY GARCIA .......... 41 who is authorized to sign on behalf of the above- rqlu -A tnTffln)r Authorized Signature:-,, ............ R Print Name:DANNY GA CI 611 ............ Title:VICE PRESIDENT ------------------------ ....................................... Note:The List are available at the following Department of Management Services Site: r,�,i&""',J ((5i t s ............................................................................. PROPOSAL FORM 00120-Page 29 of 319 SUBCONTRACTOR LISTING FORM Division Subcontractor Contact Person Ph#w/area code Fax: Cell: Address Asphalt - C&H Asphalt & Paving, Inc. Carlos Parodi 305-796-9703 10111 SW 80 ST Miami, FL 33173 PROPOSAL FORM 00120- Page 30 of 319 PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Worker's Compensation Statutory Limits Employers Liability $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease Policy Limits $1,000,000 Bodily Injury by Disease, each employee General Liability,including $1,000,000 Combined Single Limit Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Business Automobile Liability $300,000 Combined Single Limit (Owned,non-owned, and hired vehicles) If split limits are preferred: $200,000 per Person $300,000 per Occurrence $200,000 Property Damage 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 parry by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or(C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to Fla. Stat. Sec. 725.06. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the INSURANCE REQUIREMENTS AND FORMS 00130- Page 36 of 319 to 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. FDEM Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Agency,the State of Florida, Department of Emergency Management, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Contract. This indemnification shall survive the termination of this Contract, Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the (County)Agency's sovereign immunity. PROPOSER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will compLy-iii,full with all of the requirements herein. I fully accept the indemnification and hold harmless and1d6ty to &fend p-.if-) -A out in this proposal. FERRET RA CONSTRUCTION SOUTHERN DIVISION CO.,INQ PROPOSER Signature 9NSURANCE REQUIREMENTS AND FORMS 00130-Page 37 of 319 Client#: 353923 FERRECONST DATE(MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1 10/28/2021 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Gianna Costello NAME: Conner Strong&Buckelew PHONE 646-891-4983 FAX 646-862-8242 A/C,No,Ext: (A/C,No): 32 Old Slip, Suite 32B E-MAIL costello connerstron com ADDRESS: g g• New York, NY 10005 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Zurich American Insurance Company 16535 INSURED INSURER B:Endurance American Specialty Ins.Co. 41718 Ferreira Construction Co, Inc. dba GuideOne National Insurance Company 14334 INSURER C: p Y Ferreira Construction Southern Division Colon Insurance Company 39993 INSURER D: Y P Y 9455 NW 104th Street Niav ators Insurance Com an 42307 Medley, FL 33178 INSURER E: 9 P Y INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY GLOO19785405 07/01/2021 07/01/2022 EACH OCCURRENCE $2,000,000 CLAIMS-MADE [*OCCUR Approved Risk Management DAMAGE To ) $1,000,000 i� MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 PRO- POLICY X JECT X LOC PRODUCTS-COMP/OPAGG $4,000,000 OTHER: 1 O-28-2021 $ A AUTOMOBILE LIABILITY BAP019787306 07/01/2021 07/01/202 COEaMBINED ccidentS INGLE LIMIT $2r 000r 000 a X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Pera ccident $ B UMBRELLA LAB X OCCUR EXC30000705503 07/01/2021 07/01/2022 EACH OCCURRENCE $3 OOO 000 X EXCESS LAB CLAIMS-MADE AGGREGATE s3,000,000 DED RETENTION$ $ A WORKERS COMPENSATION WC019787405 07/01/2021 07/01/202 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N] N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Excess Liability 099002088 07/01/2021 07/01/2022 $5M Occ./$5M Agg D Excess Liability AR6461134 07/01/2021 07/01/2022 $5M Occ./$5M Agg E Excess Liability NY21EXCZ02BJWIV 07/01/2021 07/01/2022 $12M Occ./$12M Agg DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Project Name/Number: Evidence of Insure FCC4348 Project name: HARRY HARRIS PARK WILKINSONS POINT& BEACH JETTY HURRICANE REPAIRS Description: Repair work includes large armor stone placement, crushed limestone fill with geotextile liner,and asphalt pavement along the delineated walkways. Location: 50 E Beach Rd (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Monroe County Board of County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ty THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 500 Whitehead Street Key West, FL 33040 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S3097322/M2944224 TE1 DESCRIPTIONS (Continued from Page 1) Monroe County Board of County Commissioners, its officers,agents and employees are Additional Insured on the above-referenced Commercial General Liability and Automobile Liability Policies if required by written contract.A waiver of subrogation applies as required by written contract and permitted by law. SAGITTA 25.3(2016/03) 2 of 2 #S3097322/M2944224 Doc#23463" Bk#3134 Pg#1484 Recorded 10/2912021 103 21 AID Page 1 of 4 ;Piled and Recorded in Official accords of TM — 2010 A Document A312 mil$ Performance Bond Band No.47-SU -300 68®01--04"1tl CONTRACTOR: URETY° (Name,legal status and address) (lcarne, legal status areal reincr Baal place Ferreira Construction Southern Division Co., Inc. of business) S61V ! 04th tram Berkshire Hathaway specialty InsuranceCompany 546 945Medley, FL 3 th 1314 Douglas street, suite 1400 This document has important legal Omaha, NE 68102-1944 consequiences,Consultation Wth an afton-ey is encouraged ed wealth respect to its completion or ( aarrre, legal stratus and address) modification, Monroe County Board of County Commissioners 1100 Simonton street, oorn -213 Any Tactsing r�r, reference to Contractor,day west, FL 33040 arty.Owner�r ether party shall be considered CONSTRUCTION CONTRACT plural where applicable. Date: AIA Document A 2-2010 combines two separate bonds,a r�srtountm Four Hundred Forty Eight Thousand Four Hundred Dollars and 00/1 0 Pa err hand and a 44 ,40�.0 � y�aent Bond,Into o form, ( sari ty $ This is not single combined (Name and locution) Performance and Payment Bond. Harry Harris ParkWilkinson's Point&Beach Jetty Hurricane repairs Conroe County, Florida BOND Date;October 26,2021 (Not earlier than Construction Contract Date) asiaaaaltal�� >" ffe t; Four Hundred Forty Eight Thousand Four Hundred Dollars and 00/100( 443,400.00) �aticans to this Bond: 14 Flom;.- 0 See Section 1 a .... C ct-OR IPA iRT .y gi Far ire on a tla llol }oath rP ! t i e .04c. £3 w hirye,Hathaway malty Insuranorate ce Company 9`g a-`i wg <> =m. w ^,A® P., et,S"l r:atu rp: # i Si nature; tla �t a n e Marisol opca ay P tTi : Attorney-in-Fact►2 y r(Any additional sl aa#ares ar on the last page of this PerformanceBond) ® ®q�1�u 6fiR,@�ategm (FOR INFOPJM TI N t?N ---Name,address and telephone) AGENT or BROKER, OWNER'S REPRESENTATIVE: (Architect, rr irreer or other yr ty) American global L 100 South Jefferson Road, suite 101 Whippany, NJ 0761 _._........ ........__... ...... ..——..... InIL AIA DocamentA3121m—2010.TheAdierican Institute of Architects. 061110 1 J §I The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and signs to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. §2 If the Contractor peribn-ris the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except when applicable to participate in as conference as provided in Section 3. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation under Lbis and shall arise after I the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring as Contractor Default,Such notice shall indicate whether the Owner is requesting a conference on the Owner,Contractor and Surety to discuss the Contractor's perforipance.if the Owner does not request a conference,the Surety may,widtin five(5)business days after receipt of the Owner's notice, request such a conference.If the Sanely timely requests as conference,the Owner shall attend,11niess 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 Contmetorand the Surety agree,the Contractor shall be allowed as reasonable time tA)perform the Constniction Contmet, but such an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor Default; 1 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pary 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 oomply with the notice requirement in Section 3.1 shall not constitute a failure to comply with as 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 of the following actions-. §5.1 Arrange fear the Contractor,with the consent of the Owner,to perform apd complete the Construction Contract; §5.2 Undertake to perform mid 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 as 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 perfonnance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Constmiction Contract,and pay to the Owner the aniount of damages as described in Section 7 in excess of the Balance of tire Contract Price incurred by the Owner as as 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 tinder the circumstances; .1 After investigation,determine the mnount for which it may be liable to the Owner and soon,,a,a as practicable after the amount is detennined,make payment to the Owner,or .2 Deny liability in whole or in paA and notify the Owner,citing the reasons for deniaL §6 If tho Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this and seven days after receipt of ata additional written notice from the Owner to the Surety dernanding that the Surety perfomi its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the 6wner.If the Surety proceeds as provided in Section 5.4,and the Owner reflises the payment or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner, —-—-—--------- .................. .. AIA Document A312TO-2010.The knedcan finafflute of Ambibmts. 2 1 §7 If t.he Surety elects to act under Section 5,1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor tinder the C oast niction Contract,and the responsibilities of the Owner to the Surety shall riot be greater than those of the Owner under the Construction,Contract,Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for .1 the responsibilities of the Contractor for correction of defective work,and completion of the Construction Contract; .2 additional legal,design professional and delay costs resulting front the Contractor's Delhult,and resulting from the actions or failure to act of the Surety under Section 5,and 3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed perfbrmance or non-performance of tile Coramtor, §8 If the Surety elects to act tinder Section 5.1,53 or 5.4,the Surety's liability is limited to the amount of this Bond, §9 71e Surety shall riot 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 amxoa 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 Conts-act,or to related subcontracts,purchase orders and other obligations. §11 Any prone eedirg,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction ire the location in which the work or part(if the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceasedworking or within two yeiu.,s after the Surety refuses or fWls to perform its obligations under this Bond,whichever occurs first.If the provisions of this Pa rap mph are void or prohibited by law,the minuntryn period of limitation available to sureties as at 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 requireffient shall be deemed.deleted herelbren and provisions conforming to such statutory or other legal requirement shall be decided incorporated herein.When so frurnished,the intent is that this Bond shall be construed as a shitutory bond and not as a common law bond. 14 Definitions 14.1 Balance of the Contract Price,Tile total arnount payable by the Owner'to t1se Contractor under the Couctfriprtio n Contract of all proper adjustments have been made,including allowance to the Contractor of any amounts received or to be received by tile Owner in settlement of insurance or other claims for dainagesto 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 behveen the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract.Document& §14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perforni or otherwise to comply with a material term of the Construction Contract. §14.4 0smer Default.Failure of the Owner,which has not,been remedied or waived.,to pay the Contmutor as required tinder the Construction Contract or to perform and complete or comply whir the other material terries of the Construction Contrast. §14.5 Contract Documents.All the documents ffiat comprise the agreement between the Owner and Contractor, §15 if this Bond is issued for an agreement between a Contractor and subcontractor,the ter-n Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor, -11-1-11-1,111111................--------—----- Britt JUA Document A3121*—2010,The Amedcan Institute of ArchfteaW, 3 §16 Modifications to this bond are as follows: (Space isprovided below fior arlditionalsignatures qj'addedparlks, other than those appearing,on the covey-page) CONTRACTOR AS PRINCIPAL SURETY Cornpary: (Corpoivie Seal) Company: (Corporale Seal) Signature: Signature: Name and Title: Naine and Title: Address Address Init. AJA Document A312TO—2010.The American Institute of Architects. 4 ACKNOWLEDGEMENT OF CONTRACTOR- IF A CORPORATION STATE OF COUNTY OF ON THE € >'DAY OF. � ��i� �r �_�� ° BEFORE ME PERSONALLY APPEARED ` y ' TO BE KNOWN, WHO, BEING BY ME DULY SWORN, DID DEPOSE AND SAY;THAT(S)HE IS THE t, i r)� �s . � ` �� OF Ferreira Construction Southern Division Co„ Inc, THE CORPORATION THAT EXECUTED THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL, AT MY OFFICE IN THE ABOVE COUNTY,THE DAY AND YEAR WRITTEN ABOVE. x y.a n7• " N o �• � '4j Notary Public State of Florida 3 Yanira Ramos Ferro Notary Pubc Q:C y m —1 • W � r^ Y , ` My commission HH 072945 J x •C ., orsa� Expires 12/16/2024 rr /ei i lk}11111k ACKNOWLEDGEMENT OF SURETY COMPANY STATE OF New Jersey COUNTY OF Morris ON THE 26t" DAY OF October, 2021 BEFORE ME PERSONALLY APPEARED Marisol Molca TO ME KNOWN, WHO BEING BY ME DULY SWORN, DID DEPOSE AND SAY; THAT (S)HE IS THE ATTORNEY-IN-FACT OF Be[kshireHathaway Sieciilty Insurance Comcan , THE CORPORATION THAT EXECUTED THE FOREGOING INSTRUMENT,AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL, AT®MYt:fis®� OFFICE IN THE ABOVE COUNTY,THE DAY AND YEAR WRITTEN ABOVE. ��`` L�S��'®•ram Notary Public Yb William A.Drayto r ....... Notary Public 7/0 1 ttf 1`�\`� State of New Jersey Ay commission expires April 9,2026 47-SU R-300088-01-0418 Berkshire Hathaway, Specialty Insurance BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY NATIONAL INDEMNITY COMPANY/NATIONAL LIABILITY&FIRE INSURANCE COMPANY Know all men by these presents,that BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY,, a corporation existing under 's and by virtue of the laws of the State of Nebraska and having an office at One Lincoln Street,23rd Floor, Boston, Massachusetts 02111,NATIONAL_INDEMNITY COMPANY,a corporation existing under and by virtue of the laws of the State of Nebraska and having an ° office at 3024 Harney Street,Omaha,Nebraska 68131 and-NATIONAL LIABILITY&FIRE INSURANCE COMPANY,, a corporation existing under and by virtue of the laws of the State of Connecticut and having an office at 100 First Stamford Place, Stamford,Connecticut 06902(hereinafter collectively the"Companies"), pursuant to and by the authority granted as set forth herein,do hereby name, w constitute and appoint:Marisol Moiica,Kevin T.Walsh Jr Thomas MacDonald Krvstal L.St to 100 South Jefferson Road,Suite ° 101, of the cityof Whippany,State of New Jersey,their true and lawful attorneys)-in-fact to make,execute,seal, acknowledge,and x deliver, for and on their behalf as surety and as their act and deed,any and all undertakings,bonds,or other such writings obligatory a in the nature thereof,in pursuance of these presents,the execution of which shall be as binding upon the Companies as if it has been p i duly signed and executed by their regularly elected officers in their own proper persons.This authority for the Attorney-in-Fact shall 3 ;n be limited to the execution of the attached bond(s)or other such writings obligatory in the nature thereof. In witness whereof,this Power of Attorney has been subscribed by an authorized officer of the Companies,and the corporate seals of the Companies have been affixed hereto this date of December 20,2018.This Power of Attorney is made and executed pursuant to O and by authority of the Bylaws,Resolutions of the Board of Directors,and other Authorizations of BERKSHIRE HATHAWAY SPECIALTY t INSURANCE COMPANY,NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY&FIRE INSURANCE COMPANY, which are in full force and effect,each reading as appears on the back page of this Power of Attorney,respectively.The following signature by an I authorized officer of the Company may be a facsimile,which shall be deemed the equivalent of and constitute the written signature of = such officer of the Company for all purposes regarding this Power of Attorney,including satisfaction of any signature requirements on C #y any and all undertakings,bonds,or other such writings obligatory in the nature thereof,to which this Power of Attorney applies. O BERKSHIRE HATHAWAY SPECIALTY NATIONAL INDEMNITY COMPANY, C INSURANCE COMPANY, NATIONAL LIABILITY&FIRE INSURANCE COMPANY, 50 P. t a mx David Fields,Executive Vice President David Fields,Vice President e y6 g a® •mac r �_°° '' 'rr�ac'o� t"tafu°®.�p� y I , SURETYfib'+ ag SORE7Y m r K SEAL ®i SEALCk w SEAL`a S NOTARY State of Massachusetts,County of Suffolk,ss: Y SPECIALTY is ' n f BERKSHIRE HATHAWA 5 EC s this 2 h day of 2018 before me appeared David Fields Executive Vice President o On i s 0t y o a pp ° INSURANCE COMPANY and Vice President of NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY&FIRE INSURANCE COMPANY, who being duly sworn,says that his capacity is as designated above for such Companies;that he knows the corporate seals of the Companies;that the seals affixed to the foregoing instrument are such corporate seals;that they were affixed by order of the board of directors or other governing body of said Companies pursuant to its Bylaws,Resolutions and other Authorizations,and that he signed said instrument in that capacity of said Companies. [Notary Seal] - O Y A.DELI IO a 13 Notary Public g Commonwealth of Massachusetts Notary Public My Comm.Expires N ber 29,2024 rY I,Ralph Tortorella,the undersigned,Officer of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY,NATIONAL INDEMNITY m (' COMPANY and NATIONAL LIABILITY LIABILITY&FIRE INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct ,00py>ef&hQ Power of Attorney executed by said Companies which is in full force and effect and has not been revoked.IN TESTIMONY C` tiE-MPF see hereunto affixed the seals of said Companies this October 26,2021. 'P£6iA[r`y ,. EARW^ ri bw9REi1' �,...� .... e ? d� Port Npt r,, hLt UR �[js g S5EEA7LY s'9 STEAL r r y Officer • �0 ry I ANA A,'r e" ® r"*�, Jill • BHSIC,NICO&NLF POA(2018) BERKSHIRE HATHAWAY SPECIALTY INSURANCE,COMPANY(BYLAWS) ARTICLE V. CORPORATE ACTIONS EXECUTION OFDOCUMENTS: .... Section 6.<W The President,any Vice President or the Secretary,shall have the power and authority: (1) To appoint Attorneys-in-fact,and to authorize them to execute on behalf of the Company bonds and other undertakings,and (2) To remove at anytime any such Attorney-in-fact and revoke the authority given him. NATIONAL INDEMNITY COMPANY(BY-LAWS) A. The officers shall bea President,one or more Vice Presidents,aSecret rKoneocmnneAssistantSec/eta#es,aT*easurer, and one or more Assistant Treasurers none of whom shall be required to be shareholders or Directors and each of whom shall be elected annually by the Board of Directors at each annual meeting to serve a term of office of one year or until a successor has been elected and qualified,may serve successive terms of office,may be removed from office at any time for or without cause by a vote of a majority of the Board of Directors,and shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office or as may be directed from time tm time by the Board of Directors;and the Board of Directors or the officers may from time to time appoint,discharge,engage,or remove such agents and employees as may be appropriate,convenient,or necessary to the affairs and business nf the corporation. NATIONAL INDEMNITY r (BOARD RESOLUTION ADOPTED AUGUST 6,2014) RESOLVED,That the President,any Vice President orthe Secretary;shall have the power and authority to(1)appoint Attorneys- in-fact,and to authorize them to execute on behalf of this Company bonds and other undertakings and(2)remove at any time any such Attorvey-|n4act and revoke the authority given. NATIONAL LIABILITY&FIRE INSURANCE COMPANY(BY-LAWS) Officers A.The officers shall be a president,one or more vice presidents,one or more assistant vice presidents,a secretary,one or more assistant secretaries,a treasurer,and one or more assistant treasurers,none of whom shall be required to be shareholders or directors,and each of whom shall be elected annually by the board of directors at each annual meeting to serve m term nfoffice of one year or until a successor has been elected and qualified,may serve successive terms of office,may be removed from office at any time for or without cause by a vote of a majority of the board of directors, The president and secretary shall bedifferent individuals. Election or appointment of an officer or agent shall nGt create contract rights. The officers nf the Corporation shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office mroo may bmdirected from time to time by the board ofdirectors;and the board nf directors or the officers may from time to time appoint,discharge,engage,or remove such agents and employees as may be appropriate,convenient,or necessary to the affairs and business of the Corporation. NATIONAL LIABILITY&FIRE INSURANCE �Y(BOARD�SO00T|ON ADOPTED AUGUST 6,2014) RESOLVED,That the President,any Vice President or the Secretary,shall have the power and authority to(1)appoint Attorneys- in-fact,andt*authmrizethemtoemmcuteonbeha!fnfthisCompanybnndsandotherondertak|ngsand(2)removeatanybme any such Attorney-in-fact and revoke the authority given. 8HS|C,N|[0&mLFPOA(2018) BERKSHIRE HATHAWAY SPECIALTY I N SURANCE C 0 M PA NY 1314 Douglas Street,Suite 1400, Omaha, Nebraska 68102-1944 ADMITTED ASSETS* 12q520 1213141,t2ol 19 iMgLlil Total invested assets f'5 Iry 5,240,581'i 5, 72,183,338 $ 4,,'3113 185 1819 0 N 06 8 08 H,8494 Premium&agent balances(n t,;03,616,z5 , 6, 112 0,N, ,14 All other assets 157,897,676 127,524,677 140,930406 Admitted Assets pG 0,236,75 3,770 $ 5,607194,027 $ 4 LIABILITIES & SURPLUS* 1213112Q20 1213112Q1Q12/31/2018 Loss&loss exp.unpaid 921,923 M 51 634,745,558 4 13,22 3 Unearned premiums -72,836,160 3141117,54S All other liabilities 1,054,922,210 744,738,458 570,628,148 Total Liabilities 2 h,88 2�3-28, 1 1693,50`1,R5 Total Policyholders Surplu., 3,887,071A,5,2 �,,4a74,I 9�1,41$3 Z,48,0397JBO Total Liabilities&Surplus $ 53,770 $ 5,667,794,028 $ 4,755,964,739 Assets,liabilities and surplus are presented on a Statutory Accounting Basis as promulgated by the NAIC and/or the laws of the company's domiciliary state. .y.. cc -,) 0 % J� A ,,I#I f t 011 t 0 Recorded 10r 902t12 H. 10;2 t uY1.R'ffi Page l of 8 Filed and Recorded in Official Recorls of MONROECOUNTY KE'V1N,%1M)0KCPA Document A312 Payment Bond Brand No.47-Stl -S00055.111-041 CONTRACTOR: SURETY: (Name, legal staatas and address) (Name, legal sta ttes andprincilml place Ferreira Construction Southern Division Co., lnc. 0 business) Rsefthire Hathaway Specialty insurance omp y 9455 t110 th Street at 5'h s d crarvrerat has important le i Medley, l 3 17E Omaha,ash , a, NE 6510 S2-1 Suite 1 00 2�1944 consequences,corasaslasri nth an attorney is encouraged with OWNER: respect to its completion or (Name, legal stcattas and address) modification. Monroe County Board of County Commissioners Any singular reference to 1100 Simonton Street, Room 2-213 Contractor,Surety,Owner or Key Vesta FL 33040 other party shell be considered CONSTRUCTION CONTRACT plural where applicable. NA Document 31 -2010 Date- combines hw separate bonds, Performance Bored and s rnou nt; Four Hundred Forty Fig n't Thousand Four Hu ndrett Dollars and 00/100 Payment Bond,into aurae form. ( 44 ,400. 0) This is not a single combined escr-lptiow Perforrrience and Payment Bond. (Name and location) Harry Harris Puri,Wilkinson's Poirot&Beach Jetty Hurricane me Repairs it Qn e County, Florida BOND Date;October 26, 2021 of earlier than Construction Contract Date) waa�� 6 p ; Fear HUndred FortyFight Thousand ld Feast Hundred Dollars and 001100( 45,400.00) a r tiorrs tea this Bond; W Non, See Section 18 . 4 r 1 ffia T S P NC1PA r S l �`y wre w nest .,. la r, f )ae r axl) C. n"zip ny; (Corporate eat) m c ens kr rat ra t_ rr�lrr ttner� °9 � na.. 6 n In , er hire Hathaway Specialty Insurance n Company � � . Ito A b Signature: is Sig a a Name Name ri e Mojma. i aid at} n ,,, ` a ilia Attorney-in-Fact ��aSs,W�S�a�3�tm y anal ftaaaraaal,signatures ppeaar as the last p�aa e asw tlals Payment Bond)) lFOR INFORMATION ONLY---Name,address areal Lela=.pahone) S T or BROKER: 'S REPRESENTATIVE- American Global LL (Architect, Fngineer or gather rry;.) 100 Swath Jefferson Road, Suite 101 Whippany, NJ 07951 .......... ._- _ . .. - ....R ®_T. w.. _. Init AJA Docunient A312a —2010.The Amedcan arastituts of Architects. S I I The Contractor and Surety,jointly and severally,Sind themselves,their heirs,executors,administrators,successors and assigns to the Owner to ixky for labor,materials and equipment furnished for use in the performance of the Construction Contraxa,which is incorp-orated herein by reference,subject to the follow hkg terins, §2 If the Contractor promptly makes payment of all sums due to Claimants,and defintris,indemnities and holds harunless the Owner from claims,demands,liens or suits by any person or entity seeking payment for labor,inaterials or equipment furnished for use in die performance of the Construction Clontract,then tPe Surety and the Contractor shall have no obligation under this Bond. §3 If there is no Owner Default under the Construction Contract,rhe Surelpy'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 fbr labor,materials or equipment furnished 1br use in the performance of the Construction Contract and tendered defense of such.claims,demands,Hens or suits to the Contracto.r and the Surety. §4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defund,indernnify and hold harmless tire Owner against as duly tendered clairn demand,lien or suit, 5 The Sureq-,'s obligatirms to a Claimant under this Bond shall arise after tho flollowing. 5.1 Claimants,who do not have a direct contract with the Contractor, have furnished as written notme of non-payment tar lire Contraotre�statrng with su -a bstand I accuracy the amount claimed and the naffie of the party to whom the materials were,or equipment was,furnished or supplied or for whorn the labor was done or performed,within ninety(90)days after having last perforared labor or last furnished materials or equipment included in the Claim;arid 2 have semi 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 die ContractDr,have sent a Claim to the Surety at the address described in Section 13), §6 If an notice of nan-payment required by Section 5.1.1 is given by the Goyner to flue Contractor,th.at is sufficient,to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.L I. §7 When a Claimant line satisfied the conditions of Sections 5A or 5,2,whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: 7A Send an answer to the Claimant,with as copy to the Owner,within sixty(60)days after receipt of the Claim, stating the amounts that are undisputed and the basis fbr challenging any amounts that are disputed;and §7.2 Pay or arrangefor payrnent of any undisputed arnounts, §7.3ne 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 bavereapined agreement,If,however,the Surety-falls 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 les due and owing to the Claimant. 8 The Surety's total obligation shall not exceed the amount of this Bond,plus the ainount of reasonable attomey'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 Conaactor under the Construction Contract shall be used for the perpsnarance of the Construction Contract and to satisfy clairiss,if any,under any construction peribmiance bond,By the Contractor fursishing and the Owner accepting this Bond,they ag gree that all funds earned by the Conft-actor in the perforrnarace of the Construction Contract me dedicated to satisfy obligations of the Contractor and Surety under this Bond,subject to tire Owner's priority to use the funds fisr the completion of the work, -—-—--—----------------- n AIA Docu ra nt A312TO—2010.The American M sfitute of Architects. 6 §10The Surety shall not be liable to the Owner,Cl mants or others for obli a in ins the of -_g t Contractor that are unrelated to the Constraction Contract.The Owner shall.not be liable for the payment of spy costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligation to ranks payments to,or give,notice on behalf of,Chumants,or otherwise have any obligations to Claimants under this Bond. §11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subconti-acts,purchase orders and other obligations, §12f4o suit or action shall be commenced by a Claimant under this Bond other than in as 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 vear from the date 0)on which the Claimant sent as Claim to the Surety pursuant to Section 5.1.2 or 5.2,car(2)rare which the last harbor or service was performed by anyone or the last,inmerials or equipment were furnished ky anyone uarnder the Construction Contract,whichever of(1)or(2)first occurs.If tire Provisions of this Paragraph are void or proldtifted by law,the minimurn period of lintitation.available to sureties as a defense in theJurissliction of the suit shall be applicable. §13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears,Actual receipt of notice or Claim.,-,,however accomplished,shall be sufficient compliance as of the date received. §14 When this Bond has been furnished to comply with as stabaurry or other legal requirement in the locattion where the construction was to be perl"onnell,any provision in this Bond co of with said statutory or legaai requirement shall be deemed deleted herelforn and provisions conforning to such statutory or other legal requirement shall be deerned incorporated herein.When softimished,the intent is that this Bond slo I be construed is as statutory bond and not as,a common,law bond, §15 Upon request by any person or entity appearing to be a potential bevieficiary of this Bond,tire Contractorand Owner site']promptly fitmish a clasy of this Bond or shall penult a copy to be auxle. §16 Definitions 16.1 Claim.A written staterivent by the Claimant including at,a mininium: .1 the name of the Claimant; .2 the narne of the person for-whom the labor was done,or rnaterials or equipment furnished; .3 a copy of the agreement or purchase order pursumnt to which lablsr�materials or equipment was furnished for use in the performance ufthe Construction Contract; .4 a brief description of the labor,materials or equipment furnished; .5 the date on which the Claimant last Performed'labor or last furnished tau nenals or eqWpment for use in the performance of the Construction Contract; .6 the total amount reamed by the Claimant for labor,materials or equipment furnished as of the dwe of the Claim; .7 the total aurount of previous payments receivedby the Claimant;and A the total tunount due and unpaid to flue Claimant t.br labor,materials or equipment furnished as of the date of the Claim. 152 Claimant,An uxlividual or entity having a direct contract witli the Contractor or with a subcontractor of the Contratoor to furnish labor,materials or equipment for use fir the performance of the Construction Contract,The terra Ciminero also includes any individual or entity that has rigittfully asserted a claim under an applicable mechanic's lien or similar statute against the real propeity upon which the Project is located.The intent of this Bond smill be to include without limitation in the vorns"hiboo materials or equipmepf"that part of water,gas,power,light,heat,oil, gasoline,telephone servL-e or rental equipm.ent used in the Construction Contract architectural and engineering services required for licrrormance of the work of the Contractor and the Curstractor's subcontractors,and all otber items for which a mechanic's lien may be asserted in the junsdieflon,where the labor,niaterials or equipment were furnished. 16.3 Con strucUon Contract.The agreemern behveen the Owner and Contractor identified on the cover page, includirg all Contract Documents and all changes made to the agreement and the Contract Documents. trauta AM Document A312'10—2010.The Nnedcan insfittdo of ArdlRecU. §16.4 Owper Default,Failure of the Owner,winch has not been remedied or waived,to pay the Contractor as,eqlql-ed under the Constniction Contract or to perfonn and complete or comply with the other inaterial terins of the Construoion Contract. 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 terin Contractor in this Bond shall be deerned'm be Subconbuctor and the ten Owner shall be ticerned to be Contractcm §18 Modifications to this bond are as follows: (Space is provided belowfor additional signatures ofaddedparties, 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 Init AIA Document A312" —2010.The American Institute of Archi*cb. 8 1 ACKNOWLEDGEMENT F CONTRACTOR- IF A CORPORATION STATE OF COUNTY OF ON THE DAY OF I BEFORE ME PERSONALLY APPEARED , ` '._.,x � 3 ,:_ V TO BE KNOWN, WHO, BEING BY ME DULY SWORN, DID DEPOSE AND SAY;THAT(S,IHE IS THE \s a I("l, V�4r OF Ferreira Construction Southern Division Co.,, Inc. THE CORPORATION THAT EXECUTED THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL, AT MY OFFICE IN THE ABOVE COUNTY,THE DAY AND YEAR WRITTEN ABOVE. � A ® ®e - y ajRrro State of Florida y 6 9 t� • a N Zos Ferro Notary Publi t.`_®;� z 0n HH 072945 rt. 3 - I2024N o rt} i � !1',/�• _ �i �p ACKNOWLEDGEMENT OF SURETY COMPANY STATE OF New Jersey COUNTY OF Morris ON THE 26t" DAY OF October, 2021 BEFORE ME PERSONALLY APPEARED Marisol Moiica TO ME KNOWN, WHO BEING BY ME DULY SWORN, DID DEPOSE AND SAY; THAT (S)HE IS THE ATTORNEY-IN-FACT OF Berkshire Hathaway Specialty Insurance Com-am , THE CORPORATION THAT EXECUTED THE FOREGOING INSTRUMENT,AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL,,.A OFFICE IN THE ABOVE COUNTY,THE DAY AND YEAR WRITTEN ABOVE. ` a N'lary Public C e M1p,� VVI Cs ` Ilia ^q!. Notary RAW101lllttt�\e State of New Jersey commission i rfl 9,2026 47-SU R-300088-01-0418 Berkshire Hathaway Specialty Insurance BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY NATIONAL INDEMNITY COMPANY/NATIONAL LIABILITY&FIRE INSURANCE COMPANY r2 Know all men by these presents,that BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, a corporation existing under 1. and by virtue of the laws of the State of Nebraska and having an office at One Lincoln Street,29rd Floor, Boston, Massachusetts 8 02111,NATIONAL,INDEMNITY COMPANY,a corporation existing under and by virtue of the laws of the State of Nebraska and having an office at 3024 Harney Street,Omaha,Nebraska 68131 and NATIONAL LIABILITY&FIRE INSURANCE COMPANY, a corporation existing under and by virtue of the laws of the State of Connecticut and having an office at 100 First Stamford Place, Stamford,Connecticut 06902(hereinafter collectively the"Companies"), pursuant to and by the authority granted as set forth herein,do hereby name, FZ constitute and appoint:Mariso MAjm.Kev1n.T.Walsh,jr._Thomas M onald,Krystal,L.St ravato,11010 South Jefferson RoachSuite 102, of the city of Whippany,State of New Jersey,their true and lawful attomey(s)-in-fact to make,execute,seal, acknowledge,and deliver, for and on their behalf as surety and as their act and deed,any and all undertakings,bonds,or other such writings obligatory in the nature thereof,in pursuance of these presents,the execution of which shall be as binding upon the Companies as if it has been duty signed and executed by their regularly elected officers in their own proper persons.This authority for the Attorney"In-Fact shallrrr be limited to the execution of the attached bond(s)or other such writings obligatory in the nature thereof. In witness whereof,this Power of Attorney has been subscribed by an authorized officer of the Companies,and the corporate seats of the Companies have been affixed hereto this date of December 20,2018.This Power of Attorney is made and executed pursuant to and by authority of the Bylaws,Resolutions of the Board of Directors,and other Authorizations of BERKSHIRE HATHAWAY SPECIALTY ro INSURANCE COMPANY,NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY&FIRE INSURANCE COMPANY, which are in n full force and effect,each reading as appears on the back page of this Power of Attorney,respectively.The following signature by an authorized officer of the Company may be a facsimile,which shall be deemed the equivalent of and constitute the written signature of V such officer of the Company for all purposes regarding this Power of Attorney,including satisfaction of any signature requirements on 5 any and all undertakings,bonds,or other such writings obligatory In the nature thereof,to which this Power of Attorney applies. BERKSHIRE HATHAWAY SPECIALTY NATIONAL INDEMNITY COMPANY, INSURANCE COMPANY, NATIONAL LIABILITY&FIRE INSURANCE COMPANY, C6 C al By: By: David Fields,Executive Vice President David Fields,Vice Pr esident jo P -0 10-61 _gVe. SUREFY SURE SEAL SEAL v L� 0% Rik 0 NOTARY State of Massachusetts,County of Suffolk,ss: S On this 20th day of December,2018,before me appeared David Fields,Executive Vice President of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY and Vice President of NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY&FIRE INSURANCE COMPANY, 12 who being duly sworn,says that his capacity is as designated above for such Companies;that he knows the corporate seals of the Companies;that the seals affixed to the foregoing instrument are such corporate seals;that they were affixed by order of the board of directors or other governing body of said Companies pursuant to its Bylaws,Resolutions and other Authorizations,and that he signed said instrument in that capacity of said Companies. (Notary Seal] GEOFFERY A.DEL11SIO Notary Public 'ttl; Notary Public ........... rein w�sitYeclhixssa b "A Notary Public M C�, tOimrnbor 29,202�4 v orgnl EXPJ;Lj�� 1,Ralph Tortorella,the undersigned,Officer of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY,NATIONAL INDEMNITY .................— ,,,.,oC0'MAXW re -and NATIONAL LIABILITY FIRE INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct r w.N#4y1?4h*,Po er,of Attorney executed by said Companies which is in full force and effect and has not been revoked.IN TESTIMONY W44[!RE0F,.sbi*reunto affixed the seals of said Companies this Octqbqr26,,2021. Al % 0 4, SURETY" SURETY SEAL SEAL Officer o BHSIC,NICO&NLF POA(2018) (BYLAWS) ARTICLE V. OORPORATEACHONS EXECUTION OFDOCUMENTS: Section 6.(b)The President,any Vice President or the Secretary,shall have the power and authority: (1) Th appoint Attomeys-in4act,and tn authorize them to execute on behalf of the Company bonds and other undertakings,and (2) TU remove at any time any such Attomey'|n4ant and revoke the authority given him. NATIONAL INDEMNITY COMPANY(BY-LAWS) A. The officers shall be a President,one or more Vice Presidents,a Secretary,one or more Assistant Secretaries,a Treasurer, and one or more Assistant Treasurers none of whom shall be required to be shareholders or Directors and each of whom shall be elected annually by the Board of Directors at each annual meeting to serve a term of office of one year or until a successor has been elected and qualified,may serve successive terms of office,may be removed from office at any time for or without cause by a vote of a majority of the Board of Directors,and shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office or as may be directed from time to time by the Board of Directors;and the Board of Directors or the officers may from time to time appoint,discharge,engage,or remove such agents and employees as may be appropriate,convenient,or necessary to the affairs and business of the corporation. NATIONAL INDEMNITY COMPANY(BOARD RESOLUTION ADOPTED AUGuST8'2014) RESOLVED,That the President,any Vice President or the Secretary,shall have the power and authority to(1)appoint Attorneys- In-fact,and to authorize them to execute on behalf of this Company bonds and other undertakings and(1)remove at any time any such Attorney-in-fact and revoke the authority given. NAT0��[��V (BY-LAWS) ��0 officers A.The officers shall be a president,one or more vice presidents,one or more assistant vice presidents,a secretary;one or more assistant secretaries,a treasurer,and one or more assistant treasurers,none of whom shall be required to be shareholders or directors,and each of whom shall be elected annually by the board of directors at each annual meeting to serve a term of office of one year or until a successor has been elected and qualified,may serve successive terms of office,may be removed from office at any time for or without cause by a vote of a majority of the board of directors. The president and secretary shall bedifferent individuals. Election or appointment of an officer or agent shall not create contract rights. The officers of the Corporation shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office or as may be directed from time to time by the board of directors;and the board of directors or the officers may from time to time appoint,discharge,engage,or remove such agents and employees as may be appropriate,convenient,or necessary to the affairs and business of the Corporation. NATIONAL LIABILITY&FIRE INSURANCE COMPANY(BOARD RESOLUTION ADOPTED AWGUST8,2014) RESOLVED,That the President,any Vice President or the Secretary,shall have the power and authority to(1)appoint Attorneys- in-fact,and to authorize them to execute on behalf of this Company bonds and other undertakings and(2)remove at any time any such Attomey-in-fact and revoke the authority given. BHgC,N|CO&NUFPOA(2D18) BERKSHIRE HATHAWAY SPECIALTY I NSURANCE COMPANY 1314 Douglas Street, Suite 1400, Omaha, Nebraska 68102-1944 ADMITTED ASSETS* 12,1112019 Total invested assets $ 475 24 ,588 S 5j 7`2,183,338 Premium&agent balances(n 60 ,61 11,5511,06 ,,,168,086,012 All other assets 157,897,676 127,524,677 140,930,406 Admitted Assets !111 -ILI 2-1 a,7—i13 In —$ 5.6F,57.704 027 4,755,2264 739 LIABILITIES & SURPLUS* 1213112920 12/3112019 1213112018 Loss&loss exp.unpaid $ 921,923,N8 634,745,568 41,`,?3j 03,22,`, Unearned premiums 8 36,1,5,0 314j 1T549 241,s8335,5,52 All other liabilities 1,054,922,210 744,738,458 570,628,148 Total Liabilities 2,349,682,318 1.2757566,959 Total Policyholders'Surplus 3,887,071,452 3, 7,, S 2,4 6:3 3,480,397,780 Total Liabilities&Surplus $ 6,236,753,770 $ 5,667,794,028 $ 4,755,964,739 Assets,liabilities and surplus are presented on a Statutory Accounting Basis as promulgated by the NAIC and/or the laws of the company's domiciliary state. 101 y 0 4-f it ek.&� 2� Co . 7W w . y