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Item C13 C.13 Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS �� Mayor David Rice,District 4 The Florida Keys � Mayor Pro Tem Craig Cates,District 1 y Michelle Coldiron,District 2 James K.Scholl,District 3 Ij Holly Merrill Raschein,District 5 County Commission Meeting July 20, 2022 Agenda Item Number: C.13 Agenda Item Summary #10777 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Cary Knight(305) 292-4527 N/A AGENDA ITEM WORDING: Rescind and replace Change Order 43 adding scope in the amount of $244,500.00 for the Pigeon Key Fire Suppression System Installation project with Gary's Plumbing. The original Change Order 43 was approved by the BOCC at the March 16, 2022 meeting and incorrectly stated the contract total. The correct total contract amount with this Change Order 43 is $1,374,837.50 This replacement corrects the mathematical error. ITEM BACKGROUND: On February 7, 2019, the County Purchasing Department received and opened the sole response to the Request for Proposals for the above-referenced project. The proposal from Gary's Plumbing and Fire, Inc. (Contractor) for the entirety of the scope of work for the installation of the Pigeon Key Historic Buildings Fire Suppression System was $1,179,000.00. The total grant amount available at that time was $480,000.00, with an expiration of September 30, 2021 if not utilized by that date. As authorized by Chapter 3,paragraph (D)(2) of the Purchasing Policy, staff consulted with the Contractor to determine what scope of work could be performed with the available funding under the same terms and conditions as required in the Request for Proposals. The Contractor agreed to accept the reduced scope of work at the pricing reflected in its proposal. County staff and the Contractor negotiated a contract that reflected the reduced scope of work for the installation of a partial fire suppression system at a final negotiated price of$468,000.00. Additional TDC funding (42484)was awarded, and the County and the Contractor agreed to adding the previously eliminated fire alarm scope which included complete alarm installation in 8 of 10 buildings and associated electric back into the contract in the amount of$162,400.00. In FY22, additional funding has been awarded by the TDC (Grant#'s 2660, 2655,2638, 2629). The County and the Contractor have agreed to add the previously eliminated diesel fire pump, associated housing, concrete slab and associated connections back into the contract in the amount of $499,937.50. Packet Pg. 255 C.13 A final set of grants were provided to add the water tank and finish work on the Honeymoon Cottage. These three grants provide total funding of$250,000.00 (Grant 4s 2762, 2763, and 2764). Change Order 43 was processed in March to add scope to the project, but the net changes amount previously authorized by change orders was incorrect resulting in an incorrect contract total. PREVIOUS RELEVANT BOCC ACTION: August 2020—Approval of a reduced scope contract for a portion of the fire suppression system. September 2021 —Approval of a Change Order to add the installation of the planned Fire Alarm System for 8 of the 10 Historic Buildings. November 2021 —BOCC approved the 2nd Chang Order for the fire pump and final connections. March 2022 —BOCC approved Change Order 43 to add additional scope to the project. CONTRACT/AGREEMENT CHANGES: Amount corrected for previously authorized change orders STAFF RECOMMENDATION: Approval. DOCUMENTATION: CO 403 - Water Tank_HC and Comm Scope_Signed by Arch& Contracor Gary's -Pigeon Key GL AL and Umb COI exp 8.13.22 CO 403 - Water Tank_HC and Comm Scope_Executed—RESCINDED 7.20.22 CO 402 - Concrete Slab and Fire Pump—Executed CO 001 (Fire Alarm Scope) Change Order_Gary's Plumbing—Executed Pigeon Key Fire Suppression System Reduced Scope Contract Fully Executed FINANCIAL IMPACT: Effective Date: 3/16/2022 Expiration Date: TBD Total Dollar Value of Contract: $1,374,837.50 Total Cost to County: $0.00 Current Year Portion: $0.00 Budgeted: Yes Source of Funds: TDC CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: Yes County Match: 0% Insurance Required: Yes Packet Pg. 256 C.13 The amount was understated by $40,000.00. 07/20/22 NEW COST CENTER ADDED $40,000.00 120-70044-T220M67X REVIEWED BY: Cary Knight Completed 07/05/2022 2:35 PM Kevin Wilson Completed 07/05/2022 2:46 PM Joseph DiNovo Completed 07/05/2022 2:52 PM Purchasing Completed 07/05/2022 2:58 PM Budget and Finance Completed 07/05/2022 4:47 PM Brian Bradley Completed 07/05/2022 4:54 PM Lindsey Ballard Completed 07/05/2022 4:58 PM Board of County Commissioners Pending 07/20/2022 9:00 AM Packet Pg. 257 MONROE CouNTY/ENGiNEERiNG/ PRojEcr MANAGEmENT CoNTRAcr CHANGE ORDER PROJECT TITLE: CHANGE ORDER NO: #003(Revised) Pigeon Key it Suppression System Installation INITIATION DATE: 6/3012022 CONTRACT DATE., 08/1912020 TO CONTRACTOR: 0 Gary's Plumbing and Fire, Inc. 6409 2"d Terrace; Suite I Key West, FL 33040 U The Contract is changed as follows: The original (Contract Sum) (Guaranteed Maximum Price) .............................................$468,000.00 Net change by previously authorized Change Orders...................... $662,337.50 The (Contract Sum) (Guaranteed Maximum Price) prior to this Change order was ............$ 1,130,337.50 The (Contract Sum) (Guaranteed Maximum Price)will be (decreased)(unchanged)by this Change Order ...............$ 244,500.00 U) The new(gontract Sum)(Guaranteed Maximum Price) including this Change Order is ........$1,374,837-50 The Contract Time will be Lincreased)(decreased)(unchanged)by.........0....................... 200 Days The date of Substantial Completion as of the date of this Change Order is........................ 08/31/2022 0 Detailed description of change order and justification: 0 The full scope of this project saydvertised with bids due on 210712019. The sole respondent's bid price U exceeded the available project funding. To utilize grant funding prior to its expiration, a reduced scope contract 06 eliminating several work items, including the water holding tank and fire sprinkler and tire alarm installation in the Honeymoon Cottage and Commissary buildings, was executed 811912020. Additional grant funding from DAC 11, IV, and V totaling $250,000.00 was awarded by the TDC and became available 21081022. As such, adding the water holding tank and the fire sprinklers and fire alarm scope fort Honeymoon Cottage and Commissary buildings back into the contract is required to complete the project. This Revised Change Order#3 is correcting an addition error in the total contract amount. CL 0 An additional 200 days will be required to extend contract to allow for completion of the added scope. Change E E 0 Not valid until si y Owner,Architect(if agglicable), and Contractor U Digitally signed by Andrew J Andrew J U ARCHITECT: Youngross =I yoU Tlomon rose EGRL51192214;.05 VWR04 ng 0 _04'00' e CONTRACTOR: 7 ON Gary's PI in anp Fire, Inc. Date 3: M BOARD OF COUNTY COMMISSIONERS (SEAL) 0 OF MONROE COUNTY, FLORIDA ATTEST: KEVIN MADOK, CLERK U E Mayor/Chairman As Deputy Clerk MONROE COUNTV ArrOAff-4eVS OFFICE APPROVED AS TO FORM MUM ATTOFINEY Packet Pg. 258 DATE, --Y--05--2022 Client#: 66814 GARPL C.13.b ACORDT. CERTIFICATE OF LIABILITY INSURANCE DATE(M 10/13/2021 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. O 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). CL PRODUCER CONTACT Amanda Lisenbey Acrisure dba Gulfshore Ins-SF PHONE 239 659-8867 FAX 239 213-2803 A/C,No,Ext: (A/C,No): 4100 Goodlette Rd N E-MAIL Alibe ulfshoreinsurance.com Naples, FL 34103 ADDRESS: sen Y@g INSURER(S)AFFORDING COVERAGE NAIC# 239 261-3646 Obsidian Specialty Insurance Company 16871 U) INSURER A: p Y P y INSURED INSURER B:Commerce&Industry 19410 Gary's Plumbing and Fire, Inc. The Travelers Insurance Company INSURER C: p y 36137 6409 2nd Terrace, Suite 1 INSURER D: Key West, FL 33040 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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, qb EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CD 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 X X PTCGL00000007800 08/13/2021 08/13/2022 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE 4 OCCUR PREMISES Ea occurrence $100,000 X BI/PD Ded:2,500 Approved Risk Managemeiit MED EXP(Any one person) $10,000 f I PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: i �rd(l.a.r` .4 �r GENERAL AGGREGATE $2,000,000 '13 POLICY 51 JECT RO- FLOC 10-13-2021 PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ C AUTOMOBILE LIABILITY X X BA4S5617752142G 08/13/2021 08/13/202 E°aBc,deDs tINGLE LIMIT $1,000,000 ° BODILY INJURY Per person) $ X ANY AUTO ( p ) OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE 04 X AUTOS ONLY X AUTOS ONLY Per accident $ 04 B UMBRELLA LIAB X OCCUR X X BE049327143 08/13/2021 08/13/2022 EACH OCCURRENCE s51000,000 CL X EXCESS LIAB CLAIMS-MADE AGGREGATE s5,000,000 x DED RETENTION$ $ WORKERS COMPENSATION STE_RATUTE OERH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A E (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Pigeon Key Fire Suppression System Certificate Holder(s)are included as Additional Insured in regards to General Liability, including ongoing operations, per form CG2010 0413 and completed operations per form CG2037 0413 on a Primary non-contributory basis per form CG2001 0413 and Waiver of Subrogation per form CG2404 0509. Additional CD _ Insured in regards to Auto Liability only as required by written contract per form CAF079 0817 including EL Waiver of Subrogation. Umbrella follows forms. CERTIFICATE HOLDER CANCELLATION Monroe Count Board of Count SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN qb Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. E 1100 Simonton Street, Suite 0 2-216 AUTHORIZED REPRESENTATIVE Key West, FL 33040 ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD I Packet Pg. 259 #S 1736558/M 1718211 AH L18 MONROE COUNTY/ENGINEERING/ PROJECT MANAGEMENT CONTRACT CHANGE ORDER n PROJECT TITLE: CHANGE ORDER NO: #003 Pigeon Key Fire Suppression System Installation INITIATION DATE:212812022 CONTRACT DATE: 08/19/2020 TO CONTRACTOR: Gary's Plumbing and Fire, Inc. 6409 2"d Terrace;Suite 1 Key West, FL 33040 c� The Contract is changed as follows: CL The original(Contract Sum)(Guaranteed Maximum Price) .............................................$468,000.00 Net change by previously authorized Change Orders.....................................................$622,337.50 The(Contract Sum)(Guaranteed Maximum Price)prior to this Change order was ............$ 1,090,337.50 The{Contract Sum)(Guaranteed Maximum Price)will be increased)(decreased) (unchanged) by this Change Order $ 244,500.00 The new(Contract Sum)(Guaranteed Maximum Price)including this Change Order is ........$1,334,837.50 The Contract Time will be(increased)(decreased)(unchanged)by................................. 200 Days CN The date of Substantial Completion as of the date of this Change Order is........................ 08/31/2022 c� Detailed description of change order and justification: The full scope of this project was advertised with bids due on 210712019. The sole respondent's bid price exceeded the available project funding. To utilize grant funding prior to its expiration, a reduced scope contract eliminating several work items, Including the water holding tank and fire sprinkler and fire alarm installation In the Honeymoon Cottage and Commissary buildings, was executed 811912020. Additional grant funding from DAC 11, IV, and V totaling $250,000.00 was awarded by the TDC and became available 2/08/022. As such, adding the water holding tank and the fire sprinklers and fire alarm scope for the Honeymoon Cottage and Commissary buildings back into the contract is required to complete the project. c� An additional 200 days will be required to extend contract to allow for completion of the added scope. i Change order is 52.24%of orlainal contract price. CL 0 c� Not valid until signed by Owner Architect(if applicable), and Contractor .. E E -- �-z ARCHITECT: --RNe t3 Thompson& n, Eng Consult., LLC Date L) CONTRACTOR: �O. — 1 Gary's PI Bing and re, Inc. Date BOARD OF COUNTY COMMISSIONERS (SEAL) OF MONROE COUNTY,FLORIDA ATTEST: KEVIN MADOK, CLERK -r ; r7 M By: By: ..� �� . v �; CD -� =1 Mayor/Chairman ® � As Deputy Clerk MONROE COUNTY ATTORNEYS OFFICE E3 U E APPROVED AS TO FORM SMSTANT COUNTY ATTORNEY DATE; 2_98_9Q99 Packet Pg. 260 .U) Change Order Attachment per Ordinance No. 004-1999 Change Order was not included in the original contract specifications. Yes Z No El 0 If Yes,explanation: The water holding tank and the fire sprinklers and fire alarm scope for the Honeymoon Cottage and Commissary buildings was eliminated via a reduced scope contract due to insufficient U funding. This change order adds the original scope back into the contract now that additional funding has become available. CL Change Order was included in the original specifications. Yes El No 0 If Yes, explanation of increase in price: U) N Change Order exceeds$50,000 or 5% of contract price(whichever is greater). Yes 0 No El If Yes, explanation as to why it is not subject for a calling for bids: The sole respondent's bid price exceeded the available project funding. To utilize grant funding prior to its expiration, a reduced scope W contract eliminating several work items was executed. The addition of this change order restores the a original scope reflecting the design plans upon which the original bid of the contractor was based. This Z U added scope makes the fire suppression system whole and compliant with applicable fire code. (n W Project architect approves the change order. Yes No as If no, explanation of why: X W CL 0 Change Order is correcting an error or omission in design document. Yes F1No Z U LO E Should a claim under the applicable professional liability policy be made? Yes El No 0 E 0 U Explain: NIA U M 0 U E Packet Pg. 261 State Plumbing License „ State Fire Marshall License C C 1425735 C21-000111 � ry PROPOSAL t) c� October 19, 2021 Monroe County Public Works& Engineering � Project Management Department � vxia email: li n, i":.�„�,oir i!& o, ; u;ori! ami ::::: ':..i..s:,.::, ; . U) ttn-Jordan Safinger-Project Manager cN c� Ref- tructu l slab and holding tank Gary's Plumbing and Fire, Inc. shall provide all labor,material and equipment necessary to install the following as per plans by'ncourupson&Yo un r ss Engineering, lnc.,job number 15136, dated /'20/17: 3 en R Provide 12,000 galloon corrugated water storage tank.. • Install 9" PVC water line from overhead Island gates supply. � • Install "°auutcfill valve with plastic float. Provide 6" aim gala. � • Install "° backflow lurevrentem for fare line isolation. • Connection to dedicated underground supply line f e iing 10 existing Island structures. Wi 0 CL PROPOSAL,AMOUNT: S193,390.00 0 I espec u.0 y Submitted, E 0 U Gairy,Centonze President U Ga ''s Plu,urnbi ilk and hire, Inc. " U E c� 6409 2"'Terrace,Suite I Key West, FL 33040 Phone(3 5) 6-6 13 * Fax(3 5)2 - 7 * garyspiumbingl@aol.co Packet Pg. 262 I State Plumbing License# State Fire Marshall License# n CFC1425735µ FPC13-000064 Cn P11Rt: >t 11 )SAIR., April 20,.2021 c, Monroe County Public "Marks & Eirnrgiiinueeriung Pro,ect Management III3epartirnent CL lvira emmmami $Alllnqgpt;j rm( N tmmnunrumm I„uoimu,� i ............ .� � .nik,iia: Joridan Sallliinger°- JIF°r°ncij ect Manager Pt„ref. Itione,yutrmouanrr S51.111ite/iC'orrmrrrissanry,11 limp Ga y's IPloumbiing and IFire, Imue. shall provide sUp llabor, nr aterial and e mripmoennrt necessarY to install the frap[o,wvimng as per C14 plans Icy 'lC"liu:cmrnrminson&"Younn,p-os,s IlEngineerin,g, Il[rne.jroilb rn.uunrnllmer 1 116, autemi 4/20117: vstem installation iAr ill 'be in strict;am cn:mral wi:th Rtu]PA13, 1 1Z,and ithe IBC gauid lline. All] exposed pipe works tc'Ik gamlvw6zed Iumnislhu. :l ro,-vklllm;, interior Dire ailpnrirnkler s;yr stern 411 1111oune',wnrmnoon uuarte and D)mmrruissauiry rui.ldirug. III."ach head shapll be install with 'lpraAt!w mtmve cnwer. Illl joimmits vvilli k-w treatnei wi.h compound to prOtect from 110ormrmronsion. Each buildingto U bakve.,o,,Pvn riser,,vvhi�,,h vnrii1 conned to proevicnuisly installed 'p°'" supply piiinae V above grade. Complete alarm s,l stein. for each In building., All ru quuin:11d testing aii-iid inspections iruciuuded. IIG3 91 KD(Jb"IND1IGa 1144 mneyurnrmauni)nSuite: $23,10190.00 X C01.11imrnrmisnsaurin, 'BIN 1,111111 iiviil ne � ,i320.00 i CL 0 EXCLUSIONS: U en Fliirm'Ifm'N (;urime annn:i,finish painting of Ipi'pe ,u,voi.°ices if deasi.rmed or required. E 0 Respectfully Submitted, U U Cira y Cientonzcn , 11'resi enmt. i :("'an y's 'Phirnnbi ng and VF'iiire, Inun' � Cn CD U E cr 6409 2"d Terrace,Suite 1 * Key West,FL 33040 Phone(305)296-6013 * Fax(305)292-4978 * garysplumbingl*aol,com Packet Pg. 263 1, GEI Works REI treet S 5400 85th Sales Order Vero each #S05837 FL 3296 United States 7 11/11/2021 Bill To Ship To TOTAL 0 Tiffany Folks 305-296-6013 Ga 64 s Plum bin "Fire CU 0%2nd Terrace Suite 1 Pidgeon K $69,005,09 Key West FL 33040 Ma rathon RL 33050 L) United States United States Terms PO Shipping Method Estimated Shipping Date CL Due on Receipt 12/30/2021 CU Quantity Units Its Rate Amount 'D EA 374 $64,190.78 $64,190.78 u) (1)1204-WT-CHR Water Storage Tank Kit(s), Diameter-12'; N Eave Ht-14.33'; Peak Ht-17.92'; Roof style N 300 galvanized,corrugated hiih rib roof with inspection hatch,corrugated ga vanized steel all staves, bolts,nuts and wall sealant. Designed W for 201 MPH wind speed, a 20 psf roof live load, NFA- 2,and Seismic Z Design Cate�oy . Caaciy11, 91gal lons, (1) ier- oz W Non-Potable Reinforced PVC; Warranty:30 year limited structural; 10 year ro-rated liner. pgrade Panel Gauges and steel all staves: (14 a, 14ga,20 a,20ga)bolts,nuts and wall sea pant.Designeg for 2 2 MPHwind speed,20 X psf roof live load,and Seismic Design Cat A. W 0 (8)Anchors-LD Light Duty Seismic Anchor(3/4" CL 0 diameter anchor bolt).Actual s lean final quantity will be determined by'tle SDCP. E (1)218300 Roof Additional Center Clips& E Hardware Package(12'-IS' Diameter 0 U Roofs) (1)Gooseneck Roof Vent it,50 Square Inches Open Area U (1)Anti-Vortex Assembly,Steel Penetration Flange,Wall Mount,4"with 8"Steel AV Plate (1)2"Sch.80 PVC Atmospheric Pressure all Mounted Penetration Flange Set for Overflow (1)2"Sch.80 PVC Atmospheric Pressure all Mounted Penetration Flange Set for Outlet (1)2"Sch.80 PVC Pressure Rated Glue Socket 0 Penetration Flange Set for Inlet L) Invoices may be paid via cash,check or wire transfer. Payment of invoices via credit card are accepted with a 3%processing fee. E Additional costs may incur after a shipment has been delivered.These costs can be added fora discrepancy between the freylht characteristicp not ed and the delivered shipment details of weight, class and dimensions,or may be accrued for ad itional services pe or d such as a lift ate.Pricing is valid for 14 days from time order is placed.Any orders,at the request of the customer,that ships beyonyl 4 days from when order was placed, is subject to a price fluctuation due tot < volatile market for raw goods/shipping. Packet Pg. 264 GEI Works 1�6 G 1E 1 5400 85th 41'�Aallll Street Sales Order Vero Beach #S05837 -P' FL32967 United States 11/11/2021 Quantity Unft Item Rate Amount 1 EA 374 $0.00 $0,00 '00 E (1)4"Sch.80 PVC Atmospheric Pressure all 0 Mounted Penetration Flange Set for Drain 0 (1)LST4 Ring Exterior Ladder Pack e-Riveted CU .a Ladder Section-Due to current OS MA U requirements, no safety cage included. (1)Ladder Rail Extension 18GAx80" CL (1)Ladder Security Cover for 2 ladder section of coverage (1)32" Rest platform (1)2"Float valve for fill line U) IEA 374 $0.00 $0.00 Labor to assemble tank on job site C14 Includes estimated freight to delivery site. (Actual freight will be charged at time of material readiness.) W (1)SDCP Structural Desl n Calculation Package a (SDCP)(may be require for z permitting)-Does not include State licensed engineer review nor foundation design.Site W sgecific engineering may result in a tank design t at deviates from the standard design. Therefore, it is recommended that the SDCP be ordered prior to materials. GEI reserves the Ott to make X price adjustments ased on SDCP results. W 0) CL (1)Foundation Design Package-Includes state 0 en nee�stam if g pi conjunction on un c ion with SDCP and Licensed Engineer R v 1 W. E e ie E 0 U U M 0 U 4i Invoices may be paid via cash,check or wire transfer. Payment of invoices via credit card are accepted with a 3% processing fee. E Additional costs may incur after a shipment has been delivered,These costs can be added fora discrepancy between the freTiht characteristics uoted and the delivered shipment details of weight,class and dimensions,or maybe accrued for ad itional services peXrmed such as lift ate. Pricing is valid for 14 days from time order is placed,Any orders,at the request of the customer,that ships beyonyl 4 days from when order was placed,is subject to a price fluctuation due to the < volatile market for raw goods/shopping. Packet Pg. 265 GEI Works %bi QE1 5400 85th NK, Street Sales Order Vero Beah #S05837 -P' FL 3 c 2967 it' United States 11/11/2021 Quantity Units Its Rate Amount I EA 374 MOO $0.00 '00 E Includes:State Licensed Engineer Review and 0 Starn of SDCP.(Does not include 0) S Cq 0 D a CLARIFICATION: L) Due to the in to rejuirements,pricing cannot be held firm unt a full SDCP has been completed and price verified against the CL engineered design. Note:Any change to the tank capacity,design requirements,load requirements,or appurtenances that are disclosed after acceptance by Customer will initiate a change order.Acceptance by Customer allows GEI to U) procure materials immediately,with no delay or allowance for permitting or approved submittals. C14 If Customer requests a delay to allow for per mittin or approved submittals and,due to market v Patility,GEI incurs a price increase from our vendors,then GEI reserves the right W to pass along such a price increase to Customer a and Custo era g rees to pay as pa rt oft z contracted amount.Customera res to have L) site (n W ready for tank assembly within 30 days of W material readiness or provide suitable storage '01 for materials. EA 374 $0.00 $0.00 51 NOTE:Customer is responsible for providing x water to perform leak tests. W 0) Water must be available within 24-hours of CL0 tank completion to avoid redeployment fees.If a leak is found during the leak test,GEI shall repair at no cost to t e customer,but GEI shall E not bear the burden for E 0 cost of water or for damage to surrounding U structures or vegetation from drainini the tank.If water is not provided within 2 hours, GEI may,at its sole option,charge a recleplo ment fee at the current time and U materiars rate to conduct the test. M I 0 U Invoices may be paid via cash,check or wire transfer. Payment of invoices via credit card are accepted with a 3% processing fee. E Additional costs may incur after a shipment has been delivered.These costs can be added fora discrepancy between the frnitlit characteristicsduoted and the delivered shipment details of weight,class and dimensions,or may be accrued for ad itional services pe or d such as a lift ate. Pricing is valid for 14 days from time order is placed.Any orders, at the request of the customer,that shl 1 12-14 days from when order was placed,is subject to a price fluctuation due tothe < volatile market for raw goods/shipping. Packet Pg. 266 GEI Works 5400 85th Sales Order Street Vero 7Beach #S05837 FL3296 United States 11/11/2021 Quantity Units Its at Amount M EA 374 $0.00 $0.00 '10 No warranties will be offered unless the tank 0 assembly is performed or inspected by factory 0 certified personnel or representatives. U Customer must have the ability to unload and store the tank materials.Shipping locations other than a warehouse CL must be pre-approved. The water tank(s)shall be constructed on a concrete foundation as designed and installed by others. Unless otherwise stated,this quote does not U) include sales tax,permits,foundation, assembly,erection,external pi in water for leak testing,water level controfs,or any N service/accessory not explicitly stated. Availability is typically 8-10 weeks from receipt of first payment. of is good for 15 days. This quote is NOT a contract. W a Budgetary uote Only.Due to the current z va- n%th,e carbon steela ke J,n is 3 o' '"ity F 'a c r 0 6 m r td' 'rIc h g LO subject 10 material teria I escalation base on the e W b ished price index hot roll ed carbon steel. I r cur t pricl g prior published P p r uot xffo. ease eq e o current n rto placi g order. X Subtotal $64,190,78 W1 0 Shipping CL 0 Thank you for the opportunity to requote Gary's Plumbing for this tank. Tax Total(7.5%) $4,81431 M E Total $69,005.09 E 0 L) L) 0 L) Invoices may be paid via cash,check or wire transfer. Payment of invoices via credit card are accepted with a 3%processing fee. E Additional costs may incur after a shipment has been delivered.These costs can be added fora discrepancy between the fr2 ei ht characteristics uoted and the delivered shipment details of weight,class and dimensions,or may be accrued for ational services pei4ormed such as a lift ate. Pricing Is valid for 14 days from time order is placed.Any orders,at the request oft a customer,that ships beyonp-14 days from when order was placed,is subject to a price fluctuation due to the < volatile market for raw goods/shipping. Packet Pg. 267 Client#: 66814 GARPL C.13.0 ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(M 10/13/2021 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 Amanda Lisenbey cn Acrisure dba Gulfshore Ins-SF PHONE 239 659-8867 FAX 239 213-2803 A/C,No,Ext: (A/C,No): 4100 Goodlette Rd N E-MAIL Alisenbey@gulfshoreinsurance.com Naples, FL 34103 ADDRESS: Y@g INSURER(S)AFFORDING COVERAGE NAIC# 239 261-3646 INSURER A:Obsidian Specialty Insurance Company 16871 INSURED INSURER B:Commerce&Industry 19410 Gary's Plumbing and Fire, Inc. The Travelers Insurance Company 36137 INSURER C: p y 6409 2nd Terrace, Suite 1 INSURER D Key West, FL 33040 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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 U) LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY X X PTCGL00000007800 08/13/2021 08/13/2022 EACH OCCURRENCE $1,000,000 CLAIMS-MADE 4 OCCUR PREMISESa occur°nce $100,000 N X BI/PD Ded:2,500 Approved Risk Managemeiit MED EXP(Any one person) $10,000 5 cal PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: � > .l ` '""' GENERAL AGGREGATE $2,000,000 POLICY JECT LOC 10-13-2021 PRODUCTS-COMP/OPAGG $2,000,000 LU OTHER: $ C AUTOMOBILE LIABILITY X X BA4S5617752142G 08/13/2021 08/13/202 EOa aoS c,den INGLE LIMIT $1,000,000 LO X ANY AUTO BODILY INJURY(Per person) $ LU OWNED SCHEDULED BODILY INJURY(Per accident) $ I AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Pera ccident $ $ U B UMBRELLA LIAB Xd OCCUR X X BE049327143 08/13/2021 08/13/2022 EACH OCCURRENCE s51000,000 LU X EXCESS LIAB CLAIMS-MADE AGGREGATE s5,000,000 DED RETENTION$ $ EL WORKERS COMPENSATION PER OTH- O AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ E If yes,describe under O DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ U U DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Pigeon Key Fire Suppression System Certificate Holder(s)are included as Additional Insured in regards to General Liability, including ongoing operations, per form CG2010 0413 and completed operations per form CG2037 0413 on a Primary non-contributory basis per form CG2001 0413 and Waiver of Subrogation per form CG2404 0509. Additional Insured in regards to Auto Liability only as required by written contract per form CAF079 0817 including Waiver of Subrogation. Umbrella follows forms. CERTIFICATE HOLDER CANCELLATION U Monroe Count Board of Count SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. E 1100 Simonton Street, Suite 2-216 AUTHORIZED REPRESENTATIVE Key West, FL 33040 ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD I Packet Pg. 268 #S 1736558/M 1718211 AH L18 C.13.d MONROE COUNTY/ENGINEERING/ PROJECT MANAGEMENT CONTRACT CHANGE ORDER n PROJECT TITLE: CHANGE ORDER NO: #002 Pigeon Key Fire Suppression System Installation INITIATION DATE: 1110112021 E CONTRACT DATE: 08/1912020 E TO CONTRACTOR: Gary's Plumbing and Fine, Inc. 6409 2nd Terrace;Suite 1 Key West, FL 33040 u The Contract is changed as follows: The original(Contract Sum)(Guaranteed Maximum Price) .............................................$468,000.00 Net change by previously authorized Change Orders.....................................................$ 162,400.00 The(Contract Sum)(Guaranteed Maximum Price)prior to this Change order was ...............$630,400.00 0 The(Cantract$-um)(Guaranteed Maximum Price)will be(increased)(decreased)(unchanged)by this zsr, Change Order...............$ 499,937.50 The new(Contract Sum)(Guaranteed Maximum Price)including this Change Order is........$1,130,337.50 The Contract Time will be Increased decreased unchanged by.( }( ){ 9 ) ................................ 120 Days The date of Substantial Completion as of the date of this Change Order is........................ 02/12/2022 C Detailed description of change order and justification: The full scope of this project was advertised with bids due on 210712019. The sole respondent's bid price exceeded the available project funding. In an effort to utilize grant funding prior to its expiration, a reduced scope contract eliminating several work items, including the diesel fire pump and associated housing and concrete slab,was executed 811912020.Additional grant funding from DAC 11,111,IV,and V totaling$501,596 00 was awarded by the TDC and became available 1010112021. As such, adding the fire pump package scope which includes purchase, delivery, and Installation of the fire pump, the hurricane rated housing, and the construction of the structural slab it sits on, back into the contract is required to proceed with the work. An additional 120 days will be required to extend contract to allow for completion of the added scope. Chance order is 106.8%of original contract price. CL Not valid until signed by Owner,Architect(if applicable),and Contractor E CL ARCHITECT: _ ........ . . r Thompson & foungross En Z nsuit., LLC Date CONTRACTOR: �lr // rGe s N kfll, p d fire, Inc. Date y BOARD OF COUNTY COMMISSIONERS O OF MONROF—COUNTYi FLORIDA �%� Ai t i �VIN MADOK, CLERK c? N y r U Mayor/Chairman As Deputy Clerk MONROE COUNTY ATrORNEYS OFFICE as APPROVED AS TO FORM cs N7Y taNr Cou ATroRNEY DATE: i i-n2-ono1 Packet Pg. 269 C.13.d Change Order Attachment per Ordinance No. 004-1999 5 • Change Order was not included in the original contract specifications. Yes ® No ❑ E If Yes, explanation: The fire pump package, housing, and concrete slab scope was eliminated via a reduced scope contract due to insufficient funding. This change order adds the original scope back into the contract now that additional funding has become available. • Change Order was included in the original specifications. Yes ❑ No If Yes, explanation of increase in price: U • Change Order exceeds $50,000 or 5% of contract price (whichever is greater). Yes ® No ❑ cs CL If Yes, explanation as to why it is not subject for a calling for bids: The sole respondent's bid price exceeded the available project funding. To utilize grant funding prior to its expiration, a reduced scope contract eliminating several work items was executed. The addition of this change order restores the original scope reflecting the design plans upon which the original bid of the contractor was based. This added scope works towards making fire suppression system whole and compliant with applicable fire code. U' • Project architect approves the change order. Yes ® No ❑ If no, explanation of why: CL • Change Order is correcting an error or omission in design document. Yes ❑No Should a claim under the applicable professional liability policy be made? Yes ❑ No Explain: N/A c� 0 U N U E c� Packet Pg. 270 State Plumbing License# State Fire Marshall License# C FC 1425735 FPC2 1-000 1 1 1 " k 0 REQUESTgi"(W CR INVIG4 E, ORDERJA T^gm'vesru<7u(,uer g, 210i2) Nlonroe Cloiunty Public, ' w`"mmmks & ng iDe ri i Rrx,roje:1 M rta crnent: ep,,.vau,aront via ern ail: Sa „,m � �� a a � F �0V a� ��.��.�., ,n . U 0 Ref: Fire'S riinkler ' stem L,„ecu IINgn�emmmm iel�" ig u b,. .Ilkeig pest Trot-,Change Order CL NI Firm glaaanp If^IC orgamipmeDt If'wdq,wr ( TaX fbr:g^`lire PlUrnp ( m.11d ffleftU a 1 ,1 5."�i0 RPoffa'yniogds mn irmm,terimu II nm imnecring; Se:mvim e p, 12,500,100 1:`ar mm Pitunbing and Fire, lric. - % fana gernitn`ut $ g 2 ()82.00 Ga,mm 's Plumbing a ru d Dire, [ne. Direct Cost lf..:IY: uus iem mwgmuirmg> :i pmm Form m ('iaae mnoent: 14,800b() i E Placement "$1 'q .(l(;�O.�iJ�(:p � Labor to (:,-,ornple,te sclo pe: 516, (.)0.q.')10 2 5'6 Profit: $ q d, q,g"i.q 0 : % (: vie,migmt,aad: ..........�:.:��::h..�........................................i , � HANG ( Illf(gftl(N.� '1111"O"I'Al $499,937.50 �. c� cN U (.:mark Centmnmmzm, ;,'m� mm tWm t Gam 's IN tImbinj,r and Fire, Inc,, ao 4 `'Terrace,Suite 1 KeyWest, FL33040 Phone(3 5) - 3 * Fax( 5)2 7 * garysplumbingl@aol.co Packet Pg. 271 U 5� I y,ni do neering Reynolds Engineering Services, Inc. noes. Inc. 21 CAI PROPOSAL for DESIGN SERVICES 5 TO: Gary's Plumbing and Fire, Inc. E DATE: 11/1/2021 RE: Pigeon Key Fire Protection System PROJECT DESCRIPTION: The project generally consists of: Provision of a sprinkler fire protection system for the island including a water storage reservoir and fire pump. DESIGN SERVICES: Consulting services for design of steel reinforced concrete foundations 0 for a water storage tank reservoir and fire pump building. The fire pump building will be elevated so that the critical electrical components are at the Design Flood Elevation (AE-9 + 1). The tank will be at grade.. Access to the elevated pump building will be designed with stairs. U No special provisions will be made for fueling the pump station other than the access stairs. Documents to be provided by Owner: 1. Survey of Pigeon Key in CAD format 2. Elevations of existing grade in vicinity of proposed pump station. 3. Geotechnical report of site subsurface conditions if available. U) 4. Shop drawings/specifications for water storage to 5. Shop drawings/specifications for fire pump building. DESIGN FEE. Lump sum fee of$12,500.00 X W DEPOSIT: % ($2,500.00) CLI E SCHEDULE. ASAP u- SERVICES NOT INCLUDED: Construction Phase Services TERMS & CONDITIONS: 0 GENERAL CONDITIONS U 1 REUSE OF DOCUMENTS All documents, including drawings and specifications furnished by Engineer 0 pursuant to this agreement are instruments of his services in respect to this project. They are not intended L) or represented to be suitable for reuse one eion of this project or any other project. Any reuse without specific written verification or adaptation by Engineer shall be the user's sole risk, and without liability or E legal exposure to Engineer and the other party to this agreement shall indemnify and hold harmless Engineer from all claims, damages,losses and expenses including afforneys'fees arising out of or resulting therefrom. Any such verifications or adaptations will entitle Engineer to further compensation. < 24478 Overseas Hwy w Surnmeriand Key,F1,33042 m Phone:305-394-5987 C.A. 1 Packet Pg. 272 2. LIMITATION OF DAMA Owner agrees the liability, if any, of Engineer to the Owner whether to this contract or other claim such as fraud, negligence, implied contract, quantum merit, warranty, products liability, malpractice or otherwise as may now or otherwise exist shall be limited in each case to the amount Owner has actually paid the Engineer for professional services. In this regard, Owner agrees Engineer shall in no event be liable for consequential or incidental damages, attorneys fees, costs of suit, interest 21 U) nor other expense, injury or damage and the parties agree this and the other paragraphs are material .2 provisions of the contract which have significantly influenced the decision of Engineer to contract to perform > the services and to perform the services at the rate or rates agreed to between parties. 3. COMPLIANCE WITH CODES Engineer does not guarantee compliance with federal, state and local laws codes, ordinances and regulation, but will use the best efforts to achieve compliance and assumes no responsibility for changes in said laws, codes, ordinances and regulations occurring after completion of the E design period. 2 4. RIGHT TO RELY ON OWNER-FURNISHED INFORMATION Engineer has the right to rely on the Owner- 0- supplied information such as soils tests, surveys, past plans, standard plans, etc. which will be utilized by Engineer in providing services under this agreement. 5. JOB SITE SAFETY In no event shall the contract between the Owner and Engineer be construed to require Engineer to be responsible for safety on the job site,including, but not limited to any applicable occupational safety or health act requirements applicable state, county, township, city or other federal guidelines, rules, 3: M regulations, ordinances, statutes, laws or other requirements. 6. MUTUAL RIGHT OF TERMINATION OF SERVICES This Agreement may be terminated by the Owner or the Engineer upon seven (7) days of written notice without cause. In the event of termination, not the 0 fault of the Engineer, the initial retainer shall be forfeited and the Owner shall pay the Engineer for all services performed and reimbursable expenses to the date of termination. U Authorization Owner Date U) Ole Z2, 1 2021 Engineer,.-" Date W CL E U- 0 U CN 0 U E 24478 Overseas Hwy Surnmedand Key,R.33042 - Phone:305-3094-5987 ,1@,K n,1[d A C.A.#26597 %L4 -,gL gg..fi70,' Packet Pg. 273 MS1 SUPPLY INC. 4411 BEE RIDGE ROAD#439 SARASOTA FLORIDA 34233 21 (P)941-371.7745 (F)941-379-4112 0 > --------------- www-m IS iii 1192211t2&= E To: GARYS PLUMBING From: LARRY WOLDMAN Project: PIGEON KEY Pages: 1 Bid: ASAP Datec 11/1/2021 Re: FIRE PUMP HOUSE Quote# Q3700 We are pleased to quote as follows: 0 This proposal is based on the details and specifications given on the original Bid documents dated December 2018. Specific reference given to Drawing FP1.0 and FPO.1 each noted U with Permit date of 04/20/2017 prepared by Thompson &Youngblood Engineering Consultants, LLC as"engineer of record". EQUIPMENT PROPOSED: DIESEL ENGINE DRIVEN FIRE PUMP STATION WITH ENVIRONMENTAL ENCLOSURE, SyncroFlo Model 500FHSCD75EC-H-M-ULJFM prefabricated fire protection pumping system designed to produce 500 GPM at 75 PSI. The power supply will be 460/3/60—1 131 /12VDC volts. Pumps, controls and piping are all mounted on a structural steel skid with environmental enclosure for outdoor installation. The complete pump station will be ETL listed and manufactured in as ISO 9001-2015 compliant facility and will be hydrostatically tested prior to shipment. Enclosure to for 150 MPH in load &50 X W lb. live load. CL I E EQUIPMENT&SERVICES TO BE FURNISHED: 1. Adl exterior pipe,fittings and pipe supports shown on drawing FP0.1 (Fire Sprinkler Pump U- and Water Supply Detail)—NOT INCLUDED. 2. Residential grade muffler and hardware will ship loose for field installation. 3. Exhaust piping insulation is ...NOT INCLUDED. Hose Valve Header, (2)2.6'hose valves, caps and chains will be shipped loose for field 0 installation. Nipples, (2)2.6'xO'4'gaivanized—NOT INCLUDED. I U N 5. The following will ship loose for field installation: 0 U a. Gutters b. Downspouts E VISIT OUR WEBSITE www.msisupplyinc.com Packet Pg. 274 c. Rain hoods d. Batteries and battery racks 2 e. Fuel tank fill and vent piping E 6. S'dia. Main Relief valve piping extended to exterior of pump room terminating w/galvanized ell. 7. Environmental Enclosure(Pump House)estimated size 14'L x 1 VW x 10'H. Estimated weight at time of shipment, 18,000 lbs. 8. Engine additives NOT INCLUDED: a. Diesel fuel for engine start-up and flow test. b. Battery electrolyte, 1800cc. c. Engine coolant, 3 gallons. U 9. Complete submittals and drawings generated in AutoCAD. Submittals will be electronically transmitted. No printed copies will be supplied. 10. IO&M's provided 6 weeks after equipment shipment. 11. Shipment(18)weeks after full"Release for Fabrication" ...(release for fabrication consists of a signed submittal, signed general arrangement drawing and written release from the U) customer)and full receipt of customer supplied equipment. 12. Rigging and off loading at site—NOT INCLUDED. X 13. Inland freight escorted due to equipment size. W 0. 14. Start-up and commission with Factory technician and certified diesel engine mechanic. E U- PRICE F.0.13 MARATHON FIL $246,325.00 NET (SALES TAX INCLUDED) PAYMENTTERMS: 0 50% DUE WITH PURCHASE ORDER U CN a 20% DUE WITH DRAWING APPROVAL AND PROCEED TO FABRICATE 0 U BALANCE DUE NET 30 DAYS AFTER SHIPMENT E Page 2 of 3 1111/2021 Packet Pg. 275 C.13.d State Plumbing License# State Fire Marshall License# CFC1425735 FPC21-000111 U) PROPOSAL October 1 ,2021 Monroe County Public Works& Engineering Project Management Department via email: Sai.1............... .....n er-Jordan Attn: Jordan Salinger-Project Manager ef® Fire Pump Installationconnections U c� ry's Plumbing and Fire, Inc. shall provide all labor, material and equipment necessary to install the following as per CL plans by Thompson& Youngross Engineering, Inc.,job number 15136,dated / /17: • Provide and install plan referenced 500gpm / 75 psi Tier III Horizontal Split Case Diesel Fire Pump. • Storm rated fire pump house structure per plans and secs. S • Transportation setting of fire pump on elevated slab. • All final electrical,alarm and water piping connections. • Is ectio s by Monroe County Fire Marshall. • Provide drawings by structural engineer for concrete base. • Install concrete base to meet 100 year flood plan • Tutorial to Island personalon full operational system. Wi • Commissioning by Factory Technicians. CL PPSAMOUNT: 99m137. Respect I Submitted, Gary ,�ntonze, P,esident Gary',,Plumbing,, nd Fire, Inc, 0 U N U E c� 6409 2nd Terrace,Suite 1 * Key West, FL 33040 Phone(305)296-6013 * Fax(305) 292-4978 * garysplumbingl@aol.com Packet Pg. 276 C.13.e MONROE COUNTY/ENGINEERING/ PROJECT MANAGEMENT CONTRACT CHANGE ORDER n M PROJECT TITLE: CHANGE ORDER NO: #001 Pigeon Key Fire Suppression System Installation INITIATION DATE:8127/2021 CONTRACT DATE:08/19/2020 TO CONTRACTOR: Gary's Plumbing and Fire, Inc. 6409 2"d Terrace;Suite 1 U Key West, FL 33040 c� The Contract is changed as follows: CL The original (Contract Sum)(Guaranteed Maximum Price) .................................. $468,000.00 Net change b previously authorized Change Orders............. 9 Y P Y 9 $ 0.00 The(Contract Sum)(Guaranteed Maximum Price)prior to this Change order was .:�:........I $468,000.00 The(Contract Sum)(Guaranteed Maximum Price)will be(increased)(decreased)(unchanged)by this Change Order..-,...:::......$ 162,400.00 The new(Contract Sum)(Guaranteed Maximum Price)including this Change Order is...:.....$ 630,400.00 The Contract Time will be(increased)(decreased)(unchanged)by................................. 272 Days The date of Substantial Completion as of the date of this Change Order is......................... 10/15/2021 Detailed description of change order and justification: The full scope of this project was advertised with bids due on 210712019. The sole respondent's bid price exceeded the available project funding. In an effort to utilize grant funding prior to'its expiration, a reduced I scope contract eliminating several work items,including the fire alarm installation, was executed 1:1/19/2020. Additional grant funding was awarded by the TDC which becomes available 1010112021. As such, adding the fire alarm scope which includes complete alarm installation in 8 of 10 buildings and associated electric back into the contract is required to proceed with the work. us An additional 272 days will be required to extend contract to current date and allow for completion of the added scope. I Change order is 34.7 of original contract price. Not valid until sinned by Owner,Architect(if apellcablel,and Contractor ARCHITECT: Thomps 8 Youn4rb4 Eng Consult., LLC Date CL �} kk 0 CONTRACTOR: ' ;GS' PI'umtiing� `rid Fire, Inc. Date BOARD OF COUNTY COMMISSIONERS ] OF MONRO Y,FLORIDA `� ATTEST: gVIN MADOK,CLERK AcUt UO By..By; �/f Mayor Michelle Coldiron ~ :. As Deputy Clerk `J l5 Z_ 1,, �t± L) MONROE COUNTY ATTORNEYS OFFICE APPROVED AS TO FORM -__KOSTANT COUNTY'ATTORNEY < -- c� DATE: .g_,An_9m1 o Packet Pg. 277 C.13.e Change Order Attachment per Ordinance No. 004-1999 JA • Change Order was not included in the original contract specifications. Yes ® No ❑ If Yes, explanation: The alarm scope was eliminated via a reduced scope contract due to insufficient funding. This change order adds the original scope back into the contract now that additional funding has become available. U • Change Order was included in the original specifications. Yes ❑ No If Yes, explanation of increase in price: CL • Change Order exceeds $50,000 or 5% of contract price (whichever is greater). Yes ® No ❑ If Yes, explanation as to why it is not subject for a calling for bids: The sole respondent's bid price exceeded the available project funding. To utilize grant funding prior to its expiration, a reduced scope contract eliminating several work items was executed. The addition of this change order restores, in part, the original scope reflecting the design plans upon which the original bid of the contractor was based. This scope makes the fire suppression system whole and compliant with applicable fire code. • Project architect approves the change order. Yes ® No ❑ E 2 If no, explanation of why: CL JA • Change Order is correcting an error or omission in design document. Yes ❑No Should a claim under the applicable professional liability policy be made? Yes ❑ No Explain: N/A U CL 0 U en U E c� Packet Pg. 278 State Plumbing License N State Fire Marshall License FCC � FPC13-000064 r REQUEST U August 27, 2021 CL Monroe County Public Works & Engineering Project Management Departmnt via email - ii,.ci., _ nr eC; unty-FL, ;OV � e . Fire Sprinkler SystemLac: Pigeon Key Request for Change Order c� x Bames Alann Systems: $ 73,733.18 Sparkehaser Electric: $ 72,445.00 Gary's Plumbing and Fire, Inc. - % Management: $ 7,308.90 Bonding: $ 2,106.00 G r 's Plumbing and Fire, hi. Direct Cost: � a Respe t ul Submitted, CU 0. U Ga Ca=ento ;, President E r U c� "" era a, aft 1. KeyWest, FL33040 Phone ; ', - tit * Fax tt5 - y t mbi t ya co Packet Pg. 279 C.13.e ' BARNES . ' OverseasQuotation 5800 iSuite MARATHON, FL 33050 Quote umber: FA F$1goe ark cg0106 r Plumbing pace ate: Terrace, !t Fels 6, "201 West,Key FL 33040 U qe: 0 Customer I Good Thru Payment Terms Sales tee � °c5 e) Quantity ription Unit Price Extension Quotation nation pr-ovided Is for Pigeon 1(ey Fire Alarm based on Drawings FA 2.1, 1.1, 1.2, ' .3 dated 4/2 1?317 � 1 .00 Addressable Fire Alarm Panel r. rh one (1) SLC 2, 55-7.00 2, 557.0() 1201771C" 3sarxre Protector 69.50 69.50 2.,00 13 p—Hr,. Battery 9 -00 196-00 01 1 .O Battery box for 2 bat - 12180 86.00 ' 66.00 1 .3¢1 tlaatifier 601 Character LCD Annunciator 872.00 872.00 30.00 Addressable Smoke e . _ 73?r Spac1, photo, 36.36 Smoke Detector base :.:. New Style 19.00 573.06' U) 24.30 Addressable Pull Stat bran 119.00 2, 5569. 0 � 22-00 Horn/Strobe White '75.00 1, 650 00 � 4.00 Horn/Strobe, werather or" 95.00 180.00 � 2 0.00 S Ctrr`Pler-t Multi Candela Strobe, White 60.60 ', 1,200A0 32-00 Mini Monitor fodule. 68.00 2,652.50 1°66 Fire-Lite '1h rnnarTec all Wr, :at.her Heat Detef:'rrar.. 194 49.00 49A0 0Y deg fixed � 1.60 Mini Monitor Module 68.00 681 00 � 1_ 6 Cable, Connectors an,,1 Hardware 14,000.00 14 r 0t16 ti 0 1, �. t ^r ' Jw7 3 1 cc, Preferred �:.ontr acto ,i;:sa.,.unt:. ,10 on Mat��ia�1 r - 5r CL 1 .00 Labor to install new fire alarm system based on 37,655.6 37,t555.00 0 Drawings FAA. 1, 1.1, .i.2, 1.3 darted 412()/17 program and test Note: 120VAC Dedicated Breaker.. to be installed by electrical cont.r:acor not included in xriame p -iau Note: All Trenching and conduit with pull string _ work is to be done by electri. al Con r tlor and is � not, included in above pricing � Note: Permitting fees are not inc'.uded in a ave 0 4i a Subtotal Continued Voice. 1-305-743--7334 a Fax: 1-305-.-7ax8-0580 Sales 1� ratanrrec: U Freight t Co-ntinuerl < Stake Certhed EF20000482 Total Continued Packet Pg. 280 C.13.e k �h RNES Quotation BA ��t I�• 5800 Overseas Highway, Suite 30 A ATHO , FL 33050 Quote um r FA Pigeon cg0106 2 o Garys Plumbing QuoteDate:Feb 6, 0 6409 r Terrace, it I1 West,Key U mega: CU Customer i D Good t,.,hru Payment Terrns Sales g rgr l 3181,,19 Net 15 Days glo COI � e) Quantity Description Unit Price Extension riving and will be additl.ona1 cost Note; Any Paint or Patch work is excluded in above � pricing and will be drone by other Note: Transportation to arts from pigeon island, i; excluded in above pricing nd will provided by � other at no cost to Bassi Note- All rsecc nary Egpaiprsent is to be transporter by other and not iracluded in above pricing Notes Quote is based on Afli aDiorov: l if any ?� additional devices are needed another quote will. be � 1rovl. . d C91 U CL 0 U en L- U Subtotal '' 31 ,0 Freight 0 State Certified EF20000482 Total '7 :..:fig Packet Pg. 281 C.13.e ER OF yr Co r sa# c r a atefta�fin r�lta a aad is l and adult Irrfr�astrra tore for alarm circuit and controller � mPVC._ _.... _ _.__. __.n_._ m . _. _ ._.._... m_ requirements for project Pigeon Kcy fire pump and sprinkler renovation.This proposal is a° ,'on information and ----------- ................____________.______________........._______________........... ... .._ CL r a"srements contain in drawings rovi trd ante rrum ered job 1 d2 3 ,dated fear ermit: ft d . w _ � This proposal includes.-desl a Supply and installation of all conduit,boxes,conductors,disconnects,and associated fittings to complete the lime voltages .. ... U) tmrumar a '., F-t neri t � I -C'et-wgin ' Supply and installation of all PVC conduit,bo es,ra ud fangs,pull string,and associated fittings to facilitate Install of alarm cables and devices by fire alarm contractor. needed.All conduits to be PVC.Nil tame voltage circuits to comply with ra ings provided,2011 N E C.,and c unty r Mired building modes. All low voltage,fiber optic,signal,control wares or cables for fire alarm%ystern r sr pump,control cta _ l $ l� panels,poasr,�rrl�plras devices,or detectors to be provided and installed by firs alarms contractor All trenching,compacting,and b c tiller g to be provided by others. fi Pita r6PoSat d a ar kffar ii�' Any and all fees from permitting,utility,engineering,state or county entities, U Any parts,labor,or repairs to any part of this project or property not specified on provided drawings CL 0 U E ar U 81 Key Deer Blivd, � Big Pine Key, FL33043 9 6 Packet Pg. 282 p,. State Plumbing License# E State Fire Marshall License F 1425735 FPC13-000064 � PROPOSAL April 20,2021 U ca Monroe Counts, Public Works & Engineering rr ect Management Department rtment via email: Salinoer-Jer re=_sa Attn: Jordan Salinger-.Project Manager a U) Ref. Fire Alarm Installation Saar 's Plumbing and Fire, .Inc.shall provide all labor, material and equipment necessary to install the following as per plans b 'l"'Iraaarapsson & Youngross Engineering, Inn.,,,jab number 15 136,dated / i 1 7a ca X Provide and install aal:arrra system for the 8 buildings slarinklcal under previous scope Classroom Bridge e Tender's House Pint Fa remaan's House General Storage Guest I-louse Museum Staff Housing A Staff Housing 1u Electrical scope includes the following: � Provide and install all above ground 3/4" cb 80 PVC conduit; infrastructure for fire,alarin in 8 stnicturc s. Install all required conduit, brazes, pull string, fasteners and associated fittings, Route all interior i conduits on surface and/or above drop ceiling with gAlvanized fasteners. Route all exterior conduits under,structures with SS fa steracrs. Provide 120 vac circuits for FACIA(Fire Alarm Control Panel), Alarm system will include the following: tlalresssable lire aalaarrra panel with I SIX 120 volt surge protector 13 as p-hr battery Battery box for 2 ba tleries U otilacr°80 character LCD Annunciator Smoke e Detector d r°a. ass ble gall Station Weatherproof Flora ,� trob 0 pectr lert multi candela stra be ini rr onitor mavdulc U Fire-lite therm tec all weather heat detector Cable, connectors and hardware L_ ,especttt ly toed, U Gaga Cen nze, lea• si ent isr 's Plea rbi g ail ,Fire, Inc. 6409 "d Terrace,Suite 1 Key West,FL 33040 Phone( 5) 6- 013 * Fax( 05)2 2-4 7 * rysplrt bin l,,' aol.co Packet Pg. 283 Client#: 66814 GARPL ACORDTM CERTIFICATE OF LIABILITY INSURANCE m9n 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 Amanda Lisenbey Acrisure dba Gulfshore Ins-SF PHONE FAX HONE No,Ext:239 659-8867 (vc,No): 239 213-2803 cn 4100 Goodlette Rd N E-MAIL Alisenbey@gulfshoreinsurance.com Naples, FL 34103 ADDRESS: Y@g INSURER(S)AFFORDING COVERAGE NAIC# 239 261-3646 Obsidian Specialty Insurance Company 16871 INSURER A: P Y P y INSURED INSURER B:Commerce&Industry 19410 Gary's Plumbing and Fire, Inc. 9= INSURER C:The Travelers Insurance Company 36137 6409 2nd Terrace, Suite 1 Key West, FL 33040 INSURER D: L) INSURER E U INSURER F: CL 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 ADDLSUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS A �( COMMERCIAL GENERAL LIABILITY X X PTCGL00000007800 08/13/2021 08/13/202 EACH OCCURRENCE $1,000,000 CLAIMS-MADE [*OCCUR PREMISESOEa occur°nce $100,000 X BI/PD Ded:2,500 Approved Risk Managemetit MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: 1 GENERAL AGGREGATE $2,000,000 POLICY PRO- LOC 10-13-2021 PRODUCTS-COMP/OPAGG $2,000,000 �,J OTHER: $ L59 C AUTOMOBILE LIABILITY X X BA4S5617752142G 08/13/2021 08/13/202 COMBINED Ea accident SINGLE LIMIT $1 r 000r 000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS CIL HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ 881 B UMBRELLA LIAB N OCCUR X X BE049327143 08/13/2021 08/13/2022 EACH OCCURRENCE $5 000 000 0 X EXCESS LIAB CLAIMS-MADE AGGREGATE s5,000,000 DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 0) OFFICER/MEMBER EXCLUDED? ❑ N/A 9= (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ (� If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ U CL O U DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Pigeon Key Fire Suppression System Certificate Holder(s)are included as Additional Insured in regards to General Liability, including ongoing operations, per form CG2010 0413 and completed operations per form CG2037 0413 on a Primary non-contributory basis per form CG2001 0413 and Waiver of Subrogation per form CG2404 0509. Additional Insured in regards to Auto Liability only as required by written contract per form CAF079 0817 including Waiver of Subrogation. Umbrella follows forms. CERTIFICATE HOLDER CANCELLATION L) 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. cy 1100 Simonton Street, Suite 2-216 AUTHORIZED REPRESENTATIVE Key West, FL 33040 ©1988-2015 ACORD CORPORATION.All n hts reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD Packet Pg. 284 #S1736558/M1718211 AHL18 DATE(P C.13.e ACOR" CERTIFICATE OF LIABILITY INSURANCE Ill" 09/30/2021 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. f� IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Amanda Harvin ° PHONE FAX PGI of West Central Florida,LLC (A/C,No,Ext): 941-242-9619 (A/C,No): 941 242 9621 Cry 3809 E SR 64 ADDRESS: amanda@pgiofwestcentralflorida.com INSURER(S)AFFORDING COVERAGE NAIC# L_ Bradenton FL 34208 INSURERA: Bridgefield Employers Insurance Company 10701 INSURED INSURER B: Gary's Plumbing and Fire,Inc INSURER C: 6409 2nd Terrace INSURER D U Ste 1 INSURER E: U Key West FL 33040 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: I THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS �n� COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ Approved Risk Management MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: #G C U t � , GENERAL AGGREGATE $ POLICY PRO ❑ LOC 1 PRODUCTS-COMP/OP AGG $ YC JECT OTHER: 10-13-2021 $ I AUTOMOBILE LIABILITY (Ea accident) $ 9= ANY AUTO BODILY INJURY(Per person) $ " ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS �. NON-OWNED $ HIRED AUTOS AUTOS (Per accident) U) $ UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ I DED RETENTION$ $ WORKERS COMPENSATION X PER STATUTE ER AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBER EXCLUDED? � N/A Y 830-52315 02/06/2021 02/06/2022 CD (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 I O (5 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) A Waiver of Subrogation is in favor of Monroe County Board of County Commissioners in regards to Workers Compensation. USL&H$1,000,000 CERTIFICATE HOLDER CANCELLATION U 4i SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Board of County Commissioners (y 2798 Overseas Highway AUTHORIZED REPRESENTATIVE Suite 300 Marathon FL 33050 { prr @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Packet Pg. 285 EnM A�" CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Christina Smith ° NSI Insurance Group LLC AIONN0 Ext: (305)556-1488 plc,No): (305)556-3680 yrf 5875 NW 163 Street E-MAIL ADDRESS: christinas@nsigroup.org Suite 207 INSURER(S)AFFORDING COVERAGE NAIC# Miami Lakes FL 33014 INSURERA: Clear Spring Prop&Casualty INSURED INSURER B: L39 Paradise Divers Inc. INSURER C: INSURER D: U 31243 Ave E INSURER E: Big Pine Key FL 33043 INSURER F: COVERAGES CERTIFICATE NUMBER: CL2192227746 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER (MMIDDIYYYY) (MMIDDIYYYY) LIMITS ^� COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ See Below O CLAIMS-MADE OCCUR PREMISES Ea occurrence $ MED EXP(Any one person) $ A X YACHT CSRYP/200719 02/23/2021 02/23/2022 PERSONAL&ADV INJURY $ MOTHER: L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY ❑ E� ❑ LOC Approved Risk Managem nt PRODUCTS-COMP/OP AGG $'_ $ l AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY accident) $ AUTOS ONLY AUTOS 10-13-2021 .- HIRED NON-OWNED PROPERTY DAMAGE $ CL AUTOS ONLY AUTOS ONLY Per accident U) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ l DED I I RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE O El N/A E.L.EACH ACCIDENT $ FFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under M DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ U CL O (5 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) 1988 30'Island Hopper'Paradise Diver IV"HUIIID:AXA17200A888;Hull:$50,000 Ded:$5,500 Wind Ded:$11,000;Non-Emergency Tow:$500; Liability:$1,000,000 Ded:$2,500;Crew Liability Extension:$1,000,000 Ded:$2,500;Commercial Passenger Liability Extension:$1,000,000 Ded:$2,500; Limited Pollution Extension:$1,000,000 Ded:$2,500;MedPay:$10,000 Ded:$100;Uninsured Boater:$100,000. "Certificate Holder Hereby Listed as Additional Insured" UL T_ CD CD CERTIFICATE HOLDER CANCELLATION U 4i SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. U 1100 Simonton Street AUTHORIZED REPRESENTATIVE ' Key West FL 33040 OSL S @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 286 C.13.f Kevin Madok, CPA . 41. Clerk of the Circuit Court&Corn p#roller—Mon roe County, FloridaA;;,-, , n DATE: October 13, 2020 TO: Breanne Erickson, Contract Administrator Project Management FROM: Pamela G. Hanco CL SUBJECT: August 19' BOCC Meeting Attaclied is an electronic copy of'the [allowing item for your liandling: C 11 Contract with Gary's Plumbing&Fire, Inc.in die amount of'$468,000.00 for the installation of a Fire Suppression System for the Pigeon Key Historic Site Buildings; to be paid by W Tourist.Development Council Grant.#1863; and Tourist Development Grant#2024. c� Sliould you leave any questions please feel free to contact me at. (305) 292-3550. 75 c� 0 U 0 CL 0 c� c� U) 0 U) U) 2 CL CL cc: County Attorney Finance File 0 E a c� KEY WEST MARATHON PLANTATION KEY PKIROTH 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 Plan 305-294-4641 305-289-6027 305-852-7145 305_ Packet Pg. 2877 PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION JA cu Agreement Between Owner and Contractor 0 Where the basis of payment is a S TIPULA TED SUM U AGREEMENT Made as of August 19, 2020 CL BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 And the Contractor: Gary's Plumbing and Fire, Inc, 6409 2nd Terrace; site 1 Key West, FIL 33040 x W 2% 75 For the following Project: Pigeon Key it Suppression System Installation U_ 0 Scope of the Work U The Scope of Work has been modified due to available funding and shall include, but not be 0 limited to, all work listed below and detailed in the Project Drawings and Specifications. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies, permits and any other means of construction necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. E The scope of work is to: 2 U) 1 A Provide and install 1000 gallon holding tank. Z Install underground fire supply lines to service all buildings. 3. Install underground alarm conduits for future install of required wiring at all buildings. U) 4. Test and inspect all installation, U) 5. Provide and install weatherproof, code-approved domestic pressure system to serve as a temporary, functioning, fire protection system for specified structures. a. Coated sprinkler head building locations and count: L Classroom -48 U_ ii, Bridge Tenders House—31 iii. Paint Foreman's House—42 iv. General Storage—8 0 v. Guest House—20 vi. Museum—25 vii. to Housing A—5 AGREEMENT 00500- Page 1 of 17 E Packet Pg. 288 PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION viii. Staff Housing B - 15 6. Provide and install all fire sprinkler lines in galvanized steel with stainless steel hangers and all thread rod, 7, Provide necessary shop drawings and hydraulic calculations to determine all line sizes, B. All sprinklers are to have protective cages to avoid damage and accidental discharge, 9. Mobilization via marine vessels should be anticipated as the Old Seven Mile Bridge is under active construction and within FDOT jurisdiction. Mobilization means and methods other than boat, such as but not limited to spudding of barges, may require additional environmental permits at the expense of the Contractor. 10. Provide and install Fire Department Connections (FDC) at location indicated and U approved by the Authority having jurisdiction. 11. Install yard mounted hose valve stations for firefighting personnel use. CL 12. Establish an electrical connection either to the existing (generator) power or the Single- Phase power that could potentially be installed prior to the completion Note: All materials used will be subjected to saltwater environment. All exposed hardware is to be stainless steel. All pipe to be salt water protected either by materials used or special coating. ARTICLE 1 X The Contract Documents W 2% The Contract Documents consist of this Agreement, Conditions of the Contract (General, 75 U- Supple mentary 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 0 Contract represents the entire and integrated agreement between the parties hereto and U 0 supersedes prior negotiations, representations or agreements, either written or oral. An 0. enumeration of the Contract Documents, other than Modifications, appears in Article 9, In the 0 U event of a discrepancy between the documents, precedence shall be determined by the order of W the documents as just listed, ARTICLE 2 The Work of this Contract E U) 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 .2 U) U) ARTICLE 3 Date of Commencement and Substantial Completion 31 The date of commencement is the date to be fixed in a notice to proceed issued by the Owner. The Contractor shall achieve Substantial Completion of the entire Work not later than Ninety(90) calendar days after the date of commencement or issuance of a Notice to 0 Proceed. The time or times stipulated in the contract for completion of the work of the CL AGREEMENT 00500- Page 2 of 17 E Packet Pg. 289 PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION 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 0 damages. FIRST SECOND 31 ST DAY& CU CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER U Under $50,000.00 $50.00/Day $1 00.00/Day $250.00/Day $50,000.00_99,999.00 1 00.00/Day 200.00/Day 750.00/Day CL $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 CU The Contractor's reeve Owner U) ;-hall be an extension of time on the Contract. Uncontrollable Circumstance, Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was X unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or W 2% other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities 75 (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic U_ area of the Project, (d)government order or law in the geographic area of the Project; (a)actions, embargoes, or blockades in effect on or after the date of this Agreement-, (f) action by any governmental authority prohibiting work in the geographic area of the Project; (each, a 0 U "Uncontrollable Circumstance"), Contractor's financial inability to perform, changes in cost or 0 availability of materials, components, or services, market con CLditions, or supplier actions or 0 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 [incontrollable 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 E of an Uncontrollable Circumstance. The Contractor may only seek additional time at no cost to U) the County as the Owner's Representative may determine. ARTICLE 4 CL Contract Sum CL (n 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of 2 the Contract the Contract Sum of Four Hundyed I �Elht ornsartd and 00f0 LL Dollars .�QWQ , subject to additions and deductions as provided in the Contract Documents, 0 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 AGREEMENT 00500- Page 3 of 17 E Packet Pg. 290 PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION 413 Unit prices, if any, are as follows: N/A ARTICLE 5 Progress Payments 5A 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 0 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 CU Documents. a U 5.2 The period covered by each Application for payment shall be one (1) calendar month ending on the last day of the month, or as follows: 5.3 Payment will be made by the Owner in accordance with the Florida Local Government Prompt Payment Act, Section 218735, Florida Statutes. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by U) the Contractor in accordance with the Contract Documents, The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Director of Project Management imay require, This schedule, unless objected to by the Director of Project Management, shall be used as a basis for reviewing the Contractor's Applications x W for Payment, U- 5.5 Applications for Payment shall indicate the percentage of completion of each portion of U the Work as of the end of the period covered by the Application for Payment. CU 0 5.6 Subject to the provisions of the Contract Documents, the amount of each progress U payment shall be computed as follows: 0 CL 0 5.6A Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of ten percent 10%. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in Applications for Payment. The E amount of credit to be allowed by the Contractor to the Owner for a deletion or change 2 U) 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 U) item as confirmed by the Director of Project Management.When both additions and credits U) covering related Work or substitutions are involved in a change, the allowance for 2 CL overhead and profit shall be figured on the basis of net increase, if any, with respect to CL that change, (n 2 U- 5.61 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 0 location agreed upon in writing), less retainage; 5.6.3 Subtract the aggregate of previous payments made by the Owner; and -AGREEMENT 00500- Page 4 of 17 E Packet Pg. 291 PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION 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 ten percent(10%)will be withheld in accordance with Section 218,735(8)(b), Florida Statutes. 0 5.8 Reduction or limitation of retainage, if any, shall be as follows: Monroe County is exempt from and not subject to Florida Statutes, Section 255.078, "Public Construction Retainage". Reduction or limitation of retainage, if any, shall be U reduced incrementally at the discretion of and upon the approval of the Director of Project Management. ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment, and (2) a final approval for payment has been issued by the Director of Project Management, Such final payment shall be made by the Owner not more than twenty (20) days after the issuance of the final approval for payment. The following documents (samples in W section 01027, Application for Payment) are required for Final Payment: 2% 'S U- (1)Application and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion 0 (4) Contractor's Affidavit of Debts and Claims U (5) Contractor's Affidavit of Release of Liens 0 (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: E A. Project Record Documents (As Built Documents). U) B. Operating and maintenance data, instructions to the Owners personnel. .2 U) C. Warranties, bond and guarantees. U) 2 D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Electronic copies of approved submittals, 0 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), CL AGREEMENT 00500- Page 5 of 17 E cr Packet Pg. 292 PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION 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. U 7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities, of CL the General Conditions, 7A Annual Appropriation, Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissbriers. 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 to of this Agreement to the Contractor beyond that already incurred by the termination date. 7.5 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods W or services to a public entity, may not submit a proposal on a contract with a public entity 2% 75 for the construction or repair of a public building or public work, may not submit proposals U_ on leases of real property to public entity, may not be awarded or perform work as contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount 0 provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months U from the date of being placed on the convicted vendor list, CL 0 U LO 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 E period of seven (7)years from the termination of this Agreement or five (5)years from U) 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 .2 U) Agreement for public records purposes during the to of the Agreement and for four U) 2 (4) years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement,or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid to Contractor. 0 Right to Audit. a- AGREEMENT 00500-Page 6 of 17 E Packet Pg. 293 PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION 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 docurrientation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade 0 discounts earned, insurance rebates and dividends-, any other supporting evidence deemed necessary by Owner or by the Monroe County Office of the Clerk of Court CU and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges U 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 CL 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 U) the distribution of payroll, verifying payroll computations, overhead computations, 0 observing vendor and supplier payments, miscellaneous allocations, special charges, W verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for seven (7)years after Final Completion, The County Clerk possesses X the independent authority to conduct an audit of records, assets, and activities relating W to this Project. If an auditor employed by the County or Clerk determines that monies 2% 75 paid to Contractor pursuant to this Agreement were spent for purposes not authorized U_ 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 0 Audit provisions survive the termination or expiration of this Agreement, U b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be 0 governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe E County, Florida, The Parties waive their rights to trial by jury, The County and U) 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. .2 U) U) 2 c) Severability. If any term, covenant, condition or provision of this Agreement or the 0. CL application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; U_ 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 0 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 CL AGREEMENT 00500- Page 7 of 17 E ca Packet Pg. 294 C.13.f PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION provision with a valid provision that comes as close as possible to the intent of the � stricken provision. d) Attorney', 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 stall be entitled to reasonable attorney's fees and court costs as an award against the nor-prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. CU U 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. W Claims for Federal or State Aid. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 5 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 0 not resolved to the satisfaction of the parties, then any party shall have the right to U seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. U i) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement Co shall be required to enter into any arbitration proceedings related to this Agreement, a U) j) on discriminationf qual 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 Vil of the Civil Rights Act of 66-35 ), which prohibit discrimination in employment on the basis of 0 race, color, religion, sex, and national origin; ) Title IX of the Education Amendment of 1972, as amended ( 0 USC §§ 16 1-1 63, and 1665-16 ), which prohibits CL AGREEMENT 00500-Page 8 of 17 E c� Packet Pg. 295 PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age', 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527(42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8)Title gill of the L) Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as arnencled, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, CU religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or U) state statutes which may apply to the parties to, or the subject matter of, this 0 Agreement. k) Covenant of No Interest. County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or 0 X degree with its performance under this Agreement, and that only interest of each is to W perform and receive benefits as recited in this Agreement, 2% 75 1) Code of Ethics. County agrees that officers and employees of the County recognize CU 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 0 limited to, solicitation or acceptance of gifts; doing business with one's agency', U 0 unauthorized compensation; misuse of public position, conflicting employment or 0. 0 contractual relationship; and disclosure or use of certain information, m) No Sol icitation/Payme nt. 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 E a bona fide employee working solely for it, any fee, commission, percentage, gift, or U) 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 .2 the County shall have the right to terminate this Agreement without liability and, at its U) discretion, to offset from monies owed, or otherwise recover, the full amount of such U) 2 fee, commission, percentage, gift, or consideration. n) 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 0 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 AGREEMENT 00500- Page 9 of 17 E Packet Pg. 296 PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION 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. U 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. X (3) Ensure that public records that are exempt or confidential and exempt from W public records disclosure requirements are not disclosed except as 2% 75 authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. 0 (4) Upon completion of the contract, transfer, at no cost, to the County all public L) records in possession of the Contractor or keep and maintain public records 0 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 W contract, the Contractor shall meet all applicable requirements for retaining E public records. All records stored electronically must be provided to the U) County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. .2 U) U) (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 W 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 0 with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor, A AGREEMENT 00500-Page 10 of 17 E Packet Pg. 297 PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION 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. 0 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA U STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-BRIAN@MONROECOUNTY-FL.GOV MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. o) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the Contractor and the County in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or W 2% local government liability insurance pool coverage shall not be deemed a waiver of 75 U_ immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 0 p) Privileges and Immunities. All of the privileges and immunities from liability, U exemptions from laws, ordinances, and rules and pensions and relief, disability, 0 CL workers' compensation, and other benefits which apply to the activity of officers, 0 agents, or employees of any public agents or employees of the County, when (n 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. E q) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory U) 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 U) U) entity, in which case the performance may be offered in satisfaction of the obligation or responsiblifty. 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, (n except to the extent permitted by the Florida constitution, state statute, and case law. 2 U_ r) Non-Reliance by Non-Parties, No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third- 0 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 AGREEMENT 00500- Page 11 of 17 E Packet Pg. 298 PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION 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 3: purposes contemplated in this Agreement. s) Attestations. Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, 0 and a Drug-Free Workplace Statement. CU t) No Personal Liability, No covenant or agreement contained herein shall be deemed U 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. CU u) Execution in Counterparts, This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken U) together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. v) Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, Contractor shall X defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed W officers and employees harmless from and against(i)any claims, actions or causes of 2% 75 action, (ii) any litigation, administrative proceedings, appellate proceedings, or other U_ 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 0 connection with, (A) any activity of Contractor or any of its employees, agents, U contractors or other invitees during the term of this Agreement, (B) the negligence or CL 0 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 E 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 .2 expenses relate to events or circumstances that Occur during the term of this U) Agreement, this section will survive the expiration of the term of this Agreement or any U) 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 0 provided by the Contractor, the Contractor agrees and warrants that the Contractor AGREEMENT 00500-Page 12 of 17 E Packet Pg. 299 PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION 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. w) Section Headings, Section headings have been inserted in this Agreement as a matter U 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 CL this Agreement. x) Disadvantaged Business Enterprise(DBE) Policy and Obligation. It is the policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement.The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and X regulations to ensure that DBE's have the opportunity to compete and perform W contracts. The County and Contractor and subcontractors shall not discriminate on the 2% 75 basis of race, color, national origin or sex in award and performance of contracts, U- entered pursuant to this Agreement. y) Agreements with Subcontractors. In the event that the Contractor subcontracts any or 0 all of the work in this project to any third party, the Contractor specifically agrees to L) identify the COUNTY as an additional insured on all insurance policies required by the 0 County. In addition, the Contractor specifically agrees that all agreements or contracts of any nature with his subcontractors shall include the COUNTY as additional insured, z) Florida Green Building Coalition Standards. Monroe County requires its buildings to conform to Florida Green Building Coalition standards. W E as 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 .2 construed so as to find Contractor or any of its employees, subcontractors, servants, W or agents to be employees of the Board of County Commissioners of Monroe County. U) bb)Entire Agreement. This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, W oral or written, with reference to the subject matter hereof that are not merged herein U- 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. 0 AGREEMENT 00500-Page 13 of 17 E Packet Pg. 300 PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION 7.7 Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, postage prepaid, or by courier with proof of delivery.The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice shall be sent to the following persons: For Contractor: gLPLgentonze 6409 2nd Terrace.Suite 1 Key West, FIL 3304 0 L) CL For Owner: Director of Pro'ect Manaciement Assistant CoqnN±qfflinis rator, l V4f � 1100 Simonton St., Room 2-216 1100 Simonton St, Key 'Meat, Florida 33040 rev Test, Florida 33040 CU ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions. X 82 In the event that the Contractor shall be found to be negligent in any aspect of service, the W County shall have the right to terminate this Agreement after five(5)calendar days'written 2% 75 notification to the Contractor. u_ 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. 0 U 0 8.4 Termination for Cause and Remedies: In the event of breach of any contract terms, the CL 0 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. E If the County terminates this Agreement with the Contractor, County shall pay Contractor U) 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 U) County reserves the right to assert and seek an offset for damages caused by the breach. U) The maximum amount due to Contractor shall not in any event exceed the spending cap CL 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 clairn for violation of the County's False Claims Ordinance, located u_ at Section 2-721 et al. of the Monroe County Code. &5 Termination for Convenience: The County may terminate this Agreement for 0 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 AGREEMENT 00500- Page 14 of 17 E Packet Pg. 301 PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION 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. 3.6 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 U 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are mete 8.7 For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.136(5)(a), Florida Statutes, or(2)maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 2% 75 U- ARTICLE 9 Enumeration of Contract Documents 0 U 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 0 a) Drawings: C-1, FA0.1, FA1.0, FA1.1, FA1.1, FA1.2, FA1.3, FP0.1, FP1.0, FP1.1, FP1.2, F1 1.3, FIR1.4, F1 1.5, FP1.6, FP1.7 9.1.1 The Agreement is this executed Standard For of Agreement Between Owner and W Contractor. E U) 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 9.1.3 The Addenda, if any, are as folio U) U) Number Date Page This Agreement is entered into as of the day and year first written above and is executed in at least one (1) original copy. 0 BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW AGREEMENT 00500-Page 15 of 17 E Packet Pg. 302 C.13.f PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION cution by the Contractor must be by a person with authority to bind the entity. I TORE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED. BOARD OF COUNTY COMMISSIONERS Kevin Madok,Clerk OF MONROE COUNtY� FLORIDA rr By CU AS Deputy CIe c ry yorl h an U Date ! rL9 MONA�E UN Vrop Huv"B arrice A►pmcOv m As To Ircmm [SEALS CL In S a„== CONTRACTOR'S Witnesses Aq2st, CONTRACTOR: Contractor must provide two witnesses signatures Signature: Signature: Print Name: tE Print Name.xj&MAJ OGS&ti3 Title: aa''�PSi c� Date: /- Date: ._. -Abl and SI-nature:tp Print Name: CL h A c Date: P22�� w STATE OF ��Xi��. , COUNTY OFCD On this day of , 20,'M before me, the undersigned notary puts, -y b of Q2 gysical preserQe or❑online, personally appeared to me be the person whose name is subscribed above or who pbWced as identification, and acknowledged that helshe is the person who executed the above contract with Monroe County for PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION for the purposes therein contained. c W Notary Public Print Nafne '&C G/ lr�. �7Qr- My commission expires:_OR - ZA 2a (Seal) End of Section 00500 0 AGREEMENT 00500-Page 16 of 17 c� Packet Pg. 303 C.13.f State Phinibirtg,McCaw State Fire Marshall License i"Ie '1425735 (` � � FPC'13A001104 A a. 10/09/2020 t3 To whom c� it may concern, I, Rachel Harper, witnessed Gary Centonzesign the Pigeonr July 2020. I mistakenly omitted my NotaryID whichis 1550131. n� Rachel Harper X Gary's Plumbing and Fire, Inc Second6409 c i 1 CU :- Key West, FL 33040 ( ) 1 ( ) 2924978 Fax U 0 E U) n� U) 2 CL CL 0 CL 09 2 Terr ce,Suite I "ey % est, 3 0 1'hone( 05) 29ts® 3 Fax(3t15) 249 * gar)splu bin l a a olae® Packet Pg. 304 PIGEON KEY FIRE SUPPRESSION SYSTEM INSTALLATION GENERAL REQUIREMENTS Where Project Management is Not a Constructor Section 00750 General Conditions 0 Section 0097'0 Project Safety and Health Plan Section 00980 Contractor Quality Control Plan Section 01015 Contractor's Use of the Premises L) Section 01027 Application for Payment Section 01030 Alternates CL 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) x Section 01410 Testing Laboratory Services w Section 01421 Reference Standards and Definitions 2% 75 Section 01500 'remporary Facilities U_ Section 01520 Construction Aids Section 01550 Access Roads and Parking Areas Section 01550 Temporary Controls 0 U Section 01500 Field Offices and Sheds 0 Section 01505 Construction Cleaning 0 CL Section 01600 Material and Equipment LO Section 01530 Post-Proposal Substitutions Section 01540 Product Handling Section 01700 Contract Closeout Section 01710 Final Cleaning E Section 01720 Project Record Documents 2 U) Section 01730 Operation and Maintenance Data Section 01740 Warranties .2 U) U) 2 CL CL U_ 0 WARRANTIES 01740-Page 17 of 17 CL E Packet Pg. 305 Pigeon Key Fire Suppression System installation U) SECTION 00120 NON-COLLUSION AFFIDAVIT 1, Y/Cs61g-z_j2 of the city accordinito�law on my o7t and under penalty of rJury, depose an say that: 1. lam + ofthe firmof r—TTY141 -1:1,242L r U the proposer making the Firoposal for the,projEdet described in the notice for calling for proposals for: CL tri k Ely 37ys�m— L ? — f and that I executed ke said pro p4sal with full au city 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 by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor, and W 21 75 4. No attempt has been made or will be made by the proposer to induce any other person, U_ partnership or corporation to submit, or not to submit, a proposal for the purpose of CU restricting competition; and 0 5. The state e is contained in this affidavit are true and correct, and made with full U 1 0 knowt ed said project. 0. 0 uol (Signaturelof Proposer) (Da STATE OF: MARMC.MUR E CmrdabnIFF91102 U) COUNTY OF: 0 11) Eow J*16,2020 >% .2 PERSONALLY APPEARED BEFORE ME, the undersigned authority, U) who, after first being sworn by me, (name of individual signing)affixed his1her signature in the space provided above. on this day of 20_41. U_ NOTARY PUI My commission expires:—_-.—. PRO POSALFORM 00120- Page 28 of 217 E Packet Pg. 306 Pigeon Key Fire Suppression System Installation �n LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA 0 ETHICS CLAUSE U (Com CL warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". 2% 75 U- (Signature Date. U 0 STATE OF. COUNTY OF: onpue, E Subscribed and sworn to (or affirmed) before me on- date) U) B Clt]fi�q I- & zn y ,--- (name of affiant). He/She is e!rsona ly kno me U) U) 2 or has produced as identification. (Type of identification) NOTA Y PU BLI My 9, I'D commission expires: C M U�t27 W#F :=:Dly 7F C M U�t2 F J*D'ly F,* n"o-US."% E PROf'OSAL FORM 00120- Page 29 of 217 E Packet Pg. 307 Pigeon Key Fire Suppression System Installation �n DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Got�!( Quw(:�'(A r -I,-P t,-e 0 (Name of Business) CU .a U 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 CU 'a policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon U) 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). x 4. In the statement specified in subsection (1), notifies the employees that, as a condition W of working on the commodities or contractual services that are under proposal, the 2% U_ employee will abide by the terms of the statement and will notify the employer of any , conviction of, or plea of guilty or nolo contenders to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, 0 for a violation occurring in the workplace no later than five(5)days after such conviction. U 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse 0 assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. E As the person authorized to sign the statement, I certify that vlip firm complies fully with the U) above requirements. 0 U) U) user's Signature Date" 0 PROPOS AL, FORM 00120-Page 30 of 217 E Packet Pg. 308 Pigeon Key Fire Suppression System Installation �n LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance 023-2009,as amended by Ordinance No. 004-2015 and 025-2015, must complete this form. Name of Bidder/Responder Date: AA—o---4--Za 0 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one (1) year prior to the notice of request for bids or proposals? (Please CU furnish copy.) a U 2. Does the vendor have a physical business address located within Monroe County from which the vendor operates or performs business on a day to day basis that is a substantial component of the goods CL or services being offered to Monroe County? (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one(1)year prior to the notice of request for bid or proposal.) List Address: (G(/67 -inly UATt Noh, ti 0(to Telephone Number: B. Does the vendor/prime contractor intend to subcontract 50%or more of the goods, service or construction to local businesses meeting the criteria above as to licensing and location? X If yes, please provide: W 2% 1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor 75 u- dated at least one(1)year prior to the notice or request for bid or proposal. 2. Subcontractors physical business address within Monroe County from which the subcontractor operates, 0 U 0 (The physical business address must be registered as its principal place of business with the Florida 0. 0 Department of State for at least one(1)year prior to the notice of request for bids or proposals) Pa ,4*01 n & R Tel.Number 2jW 7 Te. - Address f kewoa� Print Name: 6WY cewtyze- -4—M4( fogruire T—d Title of Authohzed Signatory for E Bidder/Reunder U) (n STATE OF COUNTY OF 6h a U) d 2 , before 9, heundersignedio ub y p e tar the person whose name is aacknowledged W g t '!k�own to to be of me above who d a nti I ti hat a subscribed a ve or uce s ide fica on and k ed ed he/she is the person who executed the above Local Preference Form e purposes therein contained. My commission expires: Print Name 0 KtWSA C.MUIR CL .,.bkmW loci#FFM572 Exoroa Juy ill,2020 PROPOS FORM 00120-Page 31 of 217 E Packet Pg. 309 r%a Pigeon Key Fire Suppression System Installation JA PUBLIC ENTITY CRIME STATEMENT 0 "A person or affiliate who has been placed on the convicted vendor list following a conviction for CU public entity crime may not submit a bid on a contract to provide any goods or services to a Ua public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." A or I I have read the above and state that neither �T 614 indl 2-P, I&Vt I S U'V616� (Proposer's name) nor any Affiliate has been placed on tAe convicted vendor lis(within A last thirty-six (36)n ths. X W 2% 75 U_ (Signat re) Date: 2Q, 0 U 0 CL 0 STATE OF: COUNTYOF: MGhk.,e_ E Subscribed and sworn to (or affirmed) before me on the day of .2 foZily (n 201 � by name of afflant). He/She i4ersP:n;al1yD (n known to me or has prodluced 2 p identification)as identification. 1, My Commission Expire. -7 1% MARISUC.MUIR 0 'CommWW1FFW572 NOTARY-PUBLIC s _&Orssh�%2020 PROPOSALFORM 00120-Page 32 of 217 E Packet Pg. 310 C.13.f 'r""Igeon Key Fire r i Installation VENDOR TIFIC ATION REGARDING SCRUTINIZED COMPANIES LIST Project Cescription(s): ,fir"e Sv'Ontess tool M Respondent Vendor Name: r Vendor FEIN: -- Vendor's Auth ri d Rep17_AO( ntative N e and Title: Address: city!Nuymbe State: Zip: U Phor Email Address: e CL .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 CU renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to E 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. 216.473, 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 21 above in the Section entitled "Respondent Vendor Name"is not listed on the Scrutinized Companies that 75 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, c, I understand that pursuant to 'Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attoey`s fees, and/or costs. l further understand that arty 0 contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. U) Certified By: - _ ,who is authorized to sign on behalf of the above r erence pang, E U) Authorized Signature.: _ - -_ CL CL Print Name: -- - Title: - - - Note:The List are available at the following Department of Management Services Site: httD:/IWWW,amp.rn orida.corn/busines o eration state urchasin /vendor info ation/convicted sus-n � ended discriminaLgEy COMDlaints vendor lists -- zsr PROPOSAL FORM 00120-page 33 of 217 E c� Packet Pg. 311 Pigeon Key Fire Suppression System Installation U) SUBCONTRACTOR LISTING FORM M Division Subcontractor Contact Person Ph#w/area code Fax: Cefl,", Address 0 ve� 330g 'OU CL V-7 X w 21 75 u- 0 U 0) CL 0 E U) U) U) 2 CL CL u- 0 PROPO SAL FORM 00120-Page 34 of 217 E Packet Pg. 312 Pilgeon Key Fire Suppression System Installation �n 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 0 Policy Limits $1,000,000 Bodily Injury by Disease, each employee U Worker's Compensation Jones Act $1,000,000 Combined Single Limit General Liability, including $1,000,000 Combined Single Limit Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability U) Vehicle Liability(Owned, non-owned, and hired vehicles) $1,000,000 Combined Single Limit If split limits are preferred: $500,000 per Person X W $1,000,000 per Occurrence $100,000 Property Damage LL Watercraft Liability Insurance $1,000,000 Combined Single Limit 0 U 0 The contract shall require a Public Construction bond equal to the contract cost. The bond must 0. be issued by an A rated surety company doing business in the State of Florida. 0 Hold Harmless and Indemnification. 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 @ any claims, actions or causes of action, (ii) any litigation, administrative proceedings, E appellate proceedings, or other proceedings relating to any It" of injury (including death), loss, damage, fine, penalty or business interruption, and (Ii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, .2 or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors U) or other inviltees during the to of this Agreement, (B) the negligence or recklessness, U) 2 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) Cont toes 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 U_ 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 F. S. 725.06. Insofar as 0 the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events INSURANCE REQUIREMENTS AND FORMS 00130-Page 42 of 217 CL E Packet Pg. 313 Pigeon Key Fire Suppression System Installation .�n or circumstances that occur during the to of this Agreement, this section will survive the expiration of the to of this Agreement or arty 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 0 ambiguity in the plans ands cifi tions 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 c4aim or action on the County's behalf. U 0 The first ten dollars ($10.00) of remuneration paid to the Contractor is fort indemnification U provided for the above, CL The extent of liability is In no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this AGREEMENT. PROPOSEF?S STATEMENT 1 understand the insurance that will be mandatory if awarded the contract and will comply in full with all of the requirements herein. I fully accept the indemnificati and hold harmless and duty to defend as set out in this proposal. W F�L? tlu PROPOSER Signature L) 0 CL 0 U W E U) W a U) U) 2 CL CL W 2 U- 0 0 INSURANCE REQUIREMENTS AND FORMS 00130-Page 43 of 217 CL E Packet Pg. 314 Client#: 66814 GARPL C.13.f ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(M 8/21/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES ?� BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED ' REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Amanda Lisenbey Acrisure dba Gulfshore Ins-SF PHONE 239 659-8867 FAX 239 213-2803 A/C,No,Ext: (A/C,No): 4100 Goodlette Rd N E-MAIL Naples, FL 34103 ADDRESS: y@g alisenbe ulfshoreinsurance.com 239 261-3646 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Security National Insurance Company 33120 INSURED INSURER B:Commerce&Industry 19410 Gary's Plumbing and Fire, Inc. INSURER C Old Dominion Insurance Company 40231 U 6409 2nd Terrace, Suite 1 U INSURER D: M Key West, FL 33040 CL INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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. tBy INSR ADDLSUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS A GENERAL LIABILITY X X SES134008904 08/13/2020 08/13/2021 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $100,000 CLAIMS-MADE 51 OCCUR MED EXP(Any one person) $5,000 X BI/PD Ded:2,500 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY FX jE LOC $ LL C AUTOMOBILE LIABILITY X X B1 P3439D 08/13/2020 08/13/2021 E°acc S MID dden INGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Perperson) $ ' � ALLOWNED SCHEDULED BODILY INJURY(Per accident) $ O AUTOS AUTOS L) X HIRED AUTOS X NON-OWNED PROPccERTY DAMAGE $ AUTOS Pera ident CL $ O U B UMBRELLA LIAB X OCCUR BE068430198 08/13/2020 08/13/2021 EACH OCCURRENCE s2,000,000 X EXCESS LIAB CLAIMS-MADE ), T AGGREGATE s2,000,000 DED RETENTION$ •. $ WORKERS COMPENSATION Tv RY TTU LMITS EORH AND EMPLOYERS'LIABILITY - ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N 9/H/2 0 2 0 E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A —d^^ --'"" (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under ' DESCRIPTION OF OPERATIONS below A k- E.L.DISEASE-POLICY LIMIT $ GL & AL cove age on y O U) DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Monroe County Board Of County Commissioners is included as Additional Insured on a primary and CL CL noncontributory basis with regards to General Liability only as required by written contract per form CG2033 0704&NXGL009 0809, includes ongoing and completed operations, per form CG2037 0704,Waiver of Subrogation in favor of Additional Insured(s)per form CG2404 0509.Additional Insured in regards to Auto Liability only as required by written contract per form 64K290 1018, including Waiver of Subrogation. Umbrella follows forms. CERTIFICATE HOLDER CANCELLATION O Monroe County Board Of Count SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 4i Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 2798 Overseas Hwy, Ste 300 Marathon, FL 33050 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All n hts reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD Packet Pg. 315 #S1595793/M1592001 AHL18 DAT CAM ACOR" CERTIFICATE OF LIABILITY INSURANCE E(I 9i8i2o2o THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED ' REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Amanda HarVln PGI of West Central Florida,LLC PHONE(A/C,No,Ext): 941-242-9619 (A/C,No): 941-242-9621 3809 E SR 64 ADDRESS: amanda@pgiofwestcentralflorida.com INSURER(S)AFFORDING COVERAGE NAIC# 0 Bradenton FL 34208 INSURERA: Bridgefield Employers Insurance Company 10701 9= INSURED INSURER B L) Gary's Plumbing and Fire,Inc INSURER C: 6409 2nd Terrace INSURER D Ste 1 INSURER E: CL Key West FL 33040 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. U U) ILTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO-E LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY .; $ �' (Ea accident) ANY AUTO %9 - ,. BODILY INJURY(Per person) $ ALL OWNED SCAUTOS HEDULED AUTOS BODILY INJURY(Per accident) $ .��:,�- 6 ,- NON-OWNED HIRED AUTOS AUTOS DIATE. 9/2 2/2 0 2 m, (Per accident) $ ,__: .: $ CL UMBRELLA LAB WAW OCCUR + - EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X STER ATUTE URIH- ANDD EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBER EXCLUDED? ❑N N/A Y 830-52315 2/6/2020 2/6/2021 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 ggy U) DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) U) A Waiver of Subrogation is in favor of Monroe County Board of County Commissioners in regards to Workers Compensation. CL CL USL&H$1,000,000 LO CERTIFICATE HOLDER CANCELLATION O SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Board of County Commissioners 2798 Overseas Highway AUTHORIZED REPRESENTATIVE Suite 300 O Marathon FL 33050 0- @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Packet Pg. 316 ---1 ® CAM '4CCOR CERTIFICATE OF LIABILITY INSURANCE FDATE 3/2o/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE7 n BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject tt the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to th certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Alina Chia o NAME: pp FA NSI Insurance Group AIONN Ext. (305)556-1488 AIC No: (305)556-3680 8181 Northwest 154th Suite 230 ADDRESS:alina@rmig.us INSURER(S)AFFORDING COVERAGE NAIC# Miami Lakes FL 33016 INSURERA:Great Lakes Reinsurance (UK) Grlake INSURED INSURER B Paradise Divers Inc. L) INSURER C U INSURER D: (� 31243 Ave E INSURER E: CL Big Pine Key FL 33043 INSURERF: COVERAGES CERTIFICATE NUMBER:CL1622511152 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO[ INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI; CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. U) INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MMIDDIYYYY MMIDDIYYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,C A CLAIMS-MADE OCCUR PREMI DAMAGE REMISES RENTED PREMISESS Ea occurrence) ccurrence) $ X Incl Passenger Liability X CSRYP/180857 2/23/2020 2/23/2021 MED EXP(Any one person) $ X Incl Crew Liability PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 1,000,C UJ POLICYEl PRO LOC PRODUCTS-COMP/OP AGG $ JECT OTHER: Uninsured Boaters Liabitliy $ 100,0 LL- BINED SINGLE LIMIT AUTOMOBILE LIABILITY EaO accident $ CU ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED -AUTOS AUTOS BODILY INJURY(Per accident) $ r. NON-OWNED A ) PROPERTY DAMAGE U HIRED AUTOS AUTOS Q `'I Per accident $ 0) CL UMBRELLA LAB OCCUR 1 O/1/2 O 2 O EACH OCCURRENCE $ . - EXCESS LAB CLAIMS-MADE DATE�NkXy�, AGGREGATE $ DED RETENTION$ - �- $ WORKERS COMPENSATION PER OE R H- AND EMPLOYERS'LIABILITY YIN STATUTE ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ U) 1987 30" Island Hopper Hull value 45,C "Paradise Sea Diver" 0 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Dive boat operation located at 1 Knights Key Blvd, Marathon, FL and 1240 Overseas Hwy, Marathon FL CL Hull $45,000; Ded $3,150, W/S Ded $6,300, Towing $500, P&I $1,000,000; Ded $2,500, Crew Liability CL $1,000,000; Ded $2,500, Passenger Liability $1,000,000; Ded $2,500, Pollution $1,000,000; Ded $2,500, Medical Payments $10,000; Ded $100, Uninsured Boater $100,000 LL ADDITIONAL INSURED CANCELLATION 0 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI Monroe County BOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II .. 1100 Simonton Street ACCORDANCE WITH THE POLICY PROVISIONS. Key West, FL 33040 AUTHORIZED REPRESENTATIVE U Oscar Seikaly/ALINAS� `" S ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Packet Pg. 317 INS025(201401) JA Westfield Insurance Company Westfield Center, Ohio 44251-5001 Bond No. 065222X AIA DocumentA312 Cn Payment Bond 0 Any singular reference to Contractor, surety, owner or other party shall be conddered plural where applicable. CU .a CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business): U Gin v s PlunbiiiV&Fuu,Inc. Westfield Insurance Company 1 Park Circle PO Box$001 Westfield Center,Ohio 44261-mo1 6409 2nd Teritiev Suites I CL Kcy Wesi,FL 33040 Doc#2279777 Bk#3041 Pg#837 OWNER(Name and Address): Recorded 9,11 1020 11.08 AM Page I of 8 Mouroo County Board of Co' ily CominfAsionm 5W Whitehond Atrout Filed and Recorded in Official Records of U) Kuy Wesi,FL 33040 MONROE COUNTY KEVLN1 MADOK,CPA CONSTRUTlust 5?A1 0 Amount:Four Hundred Sixty Fight Thowund&ON100 N!tars($468,0m.00) Description(Name and LoDation): Pi goon Key Fire Suppi-cssionSymcni Installation X W BOND 21 Date(Not earlier than Conetruction Contract Date);Atigtest 24,2020 75 U- Amount:EOUL IlUndlUd 5iXLv hiLdLt'l lwusurid 001100 I)ullnj%($468,WU.00) Modifications to this on None see Page 6 0 L) CONTRACTOR AS PRI CIPAL SURETY 0 All JP�l' CI AL CL Company; Goq-'iqP1un,, j &Fire.Tito, Compvny; Westfield Insurance Company 0 (Corporate$eol) {car to it Signature: 819nature: E Name and Title.,Cla ant7fE, President Name end Title: Ailhar K.Broder.Agent Attoruey-in-Foct U) U) (Any additional signatures appear on page 6) U) 2! CL (FOR INFORMATION ONLY—Name.Address end Telephone) CL AGENT or BROKER; Owner's Representative(Architect,Engineer or of party): to Broder&Company n1a 2 6191 Orange Mitt.#6159E U- Davie,FL 33314 (954)584-3002 0 CL AJA DOCUMENT A312 v PER MAN BOND AND PAYMENT BOND DECEMBER 1W4 ED. AIA t PR44TED IN COOPERATION WTH THE AMMICAN INSTITUTE OF ARCHITECTS 1735NeNYORK AVE H INGTON,D 0.2M A312-1984 4 E OD 5971 M(01.0) Packet Pg. 318 C.13.f I The Contractor and the Surety, jointly and severally, 5 If a noticerequired y Paragraph 4 Is i y the find thamseVes, their heirs, executors, administrators, Owner to the Contractor or to the Surety, that is suocessors and assigns to the Owner to pay for labor, sufficient compliance. at r! It and equipment fumishad for uta In the n the Claimant hat selisfiad the conditions o performance of the on ru ion Contract, which is Paragraph , the SuretyIl promptly andthe Surety's Cn Incorporated herein by reference. expense take the followingions: With respect to th r, this obligation shall be null 6.1 Send an answer to the Claimant, with a copy to and void Ifthe Contractor; h r, within 45 days after receipt of the .1 Promptly makes payment, directly or indirectly, claim, stating the amounts t are undisputed r all sums due Claimants, and and the basis for challenging any amounts that 0 2.2 Defends, Indemnities and holds har Ise the are disputed. Owner from claims, a and , liens or auks by 6.2 Pay or arrange for payment of any undisputed any person or entity whose claim, demand, lion amounts. or suit is for the payment for labor, materials or 7 The Surety's total obligation shall not exceed the equipment furnished rue In the performance amount of this Bond. and theamount of this Bond shall CL f the ConstructionContract, provided the Owner be credited for any payments In good faith by the s promptly notified the Contractor and the Surety. Surety (at the address described In Paragraph 8 Amountsowed by the Owner to the Controgtor under 9 ) of any claims, ands. liens or suits and the Construction Contract shall be used for the tendered ns of such claims. demands, lions performance of theConstruction Contract and to satisfy or suits to the Contractor and the Surety, and claims, If n , under any Construction Performance Bona. provided there Is no Owner Default By the Contractor furnishing and the Owner accepting this 3. With p Claimants, this obligation shall be null Bond,they agree that all funds earnedby the Contractor I and void if the Contractor promptly makes payment,directly the performanceof the onstru Ion Contract are dedicated or indirectly,for all sums due. to satisfy obligations of the Contractor and the Gurety under 4. The Surety shall have no obligation I I an under this Bond, subject to the Owner's priority to use the funds this Bond until for the completion of the work. ClI i s who are arriplayedy or have a direct h ur shall m be liable to the Owner, Claimants contract it the o ctor have ivnotice or others for obligations of the Contractor that are unrelated the Surety ( t the address described in to the Construction Contract. The Owner shall not be liable Paragraph1 )and sent a copy, or notes thereof, for payment of any costs or expenses of any Claimant the Owner, stating that a claim Is eing made under this Bond, end shall have under this Bond no c� under this Bond and, with substantial accuracy, obligations to make payments to, give notices on behalf of, the amount of the claim. or otherwise haveobligations to Claimants under this on 4.2 Claimants o do not have a direct contract with 10 The Suretyhereby waives notice of any change, 0 the Contractor including changes i e, to the Construction Contract or 0 Have furnished written notice the related subcontracts, purchase orders and other CL Contractor and sent a copy, or notice thereof, obligations. U to the r, within 90 daysr having last il No suit or action shall be commenced by a Claimant In performed labor or lout furnished materials or under this Bond other than In a court of competent equipment included in the otaim stating, with jurisdiction in the location in which the work or part of the substantial accuracy,the amount of the claim work is located or after the expiration of one year from the and the name of the party to whom the date(1)on which the Claimant the notice required materials were furnished or supplied or for Subparagraph 4.1 or Clause 4.2 (€ii), or (2) an which the whom the labor was doneor performed, nd last labor or service s performed by anyoner the last .2 Have either received a rejection in whole or In materials or equipment were furnished by anyone under part from the Contractor, or not received the Construction Contract, whichever o (1) or (2) first Rhin 30 days of furnishing theabove notice occurs. IF the provisionsof this Paragraph are void or any communication from the Contractor by prohibited by law. the minimum periodof limitation 2 which the Contractor has Indicated claim ifs I to sureties as a defense In the juris f ion f the will be paid directly or Indirectly;and suit shall be applicable. .3 Not having been paid iRhin the above 30 112 Noticeto the Surety,the Owner or the Contractor shall 1 days, CL have ant a written notice the Surety be mailed or deirvered to the address shown on the (at the address described In Paragraph 12) signature I receipt of notice by Surety, the and sent copy, or notice thereof, to the Owner or the Contractor, however accomplished, shall be Owner, statino that a claim Is being sufficient compliance 22 of the date received t the address under this Bond and enclosing coy of the shown an the signature pagc previous written notice furnished to the 13 When this Bond hoe been furnished to comply with a Contractor statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory r legal requirement 2M CIL AJA DOCUMENT 12-PERFORMANCE BONDAND PAYMENT BOND.DECEMBER 1984 ED.®ABAC � MUTED IN COOPERATION WTH THE Aht ICAN INSTITUTE OF ARCHITECTS 173614eNYORK AVE N W,WASHINGTON,D O. U BQ 5971 M(Ot i Packet Pg. 319 C.13.f shall be deemed deleted herafromand provisions or rental equipment used In theConstruction Contract, conforming u statutory or other legal requirement rc l ur i and engineeringr e s required r shell be deemed Incorporated herein. The intent Is that this performance of the work of the Contractor and the 0 Bond It ll be construed s a statutory and and not as a Cotr or subcontractors, d all other Items for common law bond, which a chanic'e lion may be aseertedIn tho 14 Upon request y any person or entity p e do to be jurisdiction er the labor, materials or equipment Cn potential beneficiary of this Bond, the Contractor shall were furnished, promptly i h a copy of this Bond or shall permit a copy 16.2 Construction of agreement between to be made. the Owner and the Contractor identified an the signature pag , Including II Contract Documents 15 DEFINITIONSchanges thereto. 15.1 Claimant: An lndMdual at entity having i r Default: Failure Owner, which has contract with the Contractor or with a subcontractor of neither been remedied nor waived, to pay t the Contractor to furnish labor; materials or equipment Contractor as required by the Construction Contr of or r use in the performance of tha Contract. The intent to performn complete or comply with the other terms of thisand shall be Includewithout limitationIn t thereof, "CL terms'labor, materials orequipment' part of water, s, power, light, hevt, oil, gasoline, telephone service MODIFICATIONS } This n Is modifiedIn socardance withRider entitled "A312Rider" attached hereton ll Incorporated hereI . Pmvisions and LhWhitifions of FloAdaStatute 255.05 aTe hereto y incorporated lierein. c� x 21 75 c� 0 U 0 I 0 c� c� U) (Space Is rovi a below for additional signatures of added parties,other then those appearingan the cover page.) CONTRACTOR AS PRI CIPL SURETY U) Company,. Company: (Corporate Beal) (Corporate Seal) I I l ntuSignature, Name and Title; Name and Till ddres : Address, 0 0 P CL A MENT $'!s PERFORMANCE BOND AND PAYMENT BOND&DeCEMSER 1084 ED.Q AIA T' � PWNTEDIN COOPERATION VATH THE A ICAN INMUM OF ARCHITECTS.17351,RRV YORKA NW WAWNGTON,DO2M# A3124 904 6 E 00 U 597t ( t ) Packet Pg. 320 C.13.f WestfieldWestfield Insurance Company Insurance 1 Park Circle, PO Box 5001 Viketfield Center, Ohio 44251- 1 Bond# 522 A312 PAYMENT BOND RIDER c� This rider amends the provisions1 nt Bond as follows: Paragraph is deletedin its entirety. Paragraphis deletedin its entiretyI i following. 6. n the Suretyreceived i required In r raph 4 above, the Surety shall take the following action; .1) Send an acknowledgment letter to the claimant, with a copy to the Owner, requesting Information an a n i n necessary to Investigate the ct l 75 . } As soon as reasonably ti I under all circumstances, and after having received t 11- requested documentation from the claimant, including a pt y executed Affidavitc� Claim, vi claimant of the stato f the claim. 0 No provision of this bond Shall be interpreted !v r discharge any right or defense of the U Surety r the Contractor. No actiont failure to act by the Suretyr the Contractor shall be CL consideredi i liability r a waiver of the Contractor orSurety's t t U dispute a claimIn wholeor In . U) U) U) 2 CL CL 0 0 E BD 971 A i1 8p Packet Pg. 321 General POWER NO. 0992212 00 Power Westfield Insurance Co. of Attorney Westf ield National Insurance Co. 0' �9 CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio .................... ............. Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, Corporations, hereinafter referred to irldhvidually as a and callacVvely as 'Companies,' duly organized and existing under the laws of the State of Ohio, and having its principal office in Zsmvileair"C"enler, MetEria County, Ohio, do by these 0" P!Csents make, constitute and appoint A HUR K. BRODER, MICHAEL P. BRODER,JOINTLY OR SEVERALLY 0 U of DAME and State o'� FIL Its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other Instruments or contracts or suretyship- - - - - - - - - - - - -- - - - - - - -- -- - - -- - - - - CL LIMITATION, THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE W'w MARMUM OR BANK DEPOSITORY BONDS. 'a and to bind any of the Cb-panies I',,ere by as fully and to the same extent as it such bonds were signed by the President, sealed%cflh the. corporate a seal of the applicable Company and out attested by its Secretary, hereby ratifying and confirming all that the said Altorn By(s)-in-Fact may do in m the premises. Said appointment is made under and b authority of the followin resolution adopted by the Board of Directors of each of the 'D WESTFIELD INSURANCE COMPANY,WESTFIELD NATIaNAL INSURANCE. COMPA%Y and OHIO FARMERS iNSURANCE COMPANY. S 'Be It Resolved,that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall 0 U) be and Is hereby vested with full power and authority to appoint any one or more suitable persons as Allorn e y( )-ht-Fact to represent and act ran 0 and on behalf at the Company subtect to the followin provisions! W The Aftorney-err-Fact. may be given full power any authority for and in the name of and on behalf of the Company,to execute,acknowledge and — deliver, any and all bonds, recognIzances, contracts, agreements of liridernnity and other conditional or obligatory undertakings and any and rat notices and dticunieftts canceling or ieripirialling the"Carnpany's liability therounder, and arry such instruments so executed by any such Attorney-in-Fact shall be as b riding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary.' `Be it Further Resolved, that tire signature of any such designated person and the seat he Company here o any 0 power of attorney or any rerlificate relating thereto by facsimile, and any p weer of aflc�-,rV;01t I r ofit a or hereafter affixed I certificate bearing lacsirnfle SuilnatUFOS Or 121CSIMIE X seal shall be valid and binding upon the Company with respect to any bond or unde�leldnq to which it Is attached.' (Each adopted at a meeting W held on Februa f 8,2000 >% In withiess Reraof, L-STFIELD.INSURANCE COMPANY, WESTFIELD NATION INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be harotc LL affixed this 21st day of MARCH A. D,, 2014 . Corporate WESTFIELD INSURANCE COMPANY Seals Yv WESTFIELD NATIONAL INSURANCE COMPANY 0- 0 OHIO FARMERS INSURANCE COMPANY U 0 SEAL SUL �j CL P IS 4-8 v 0 0 to By: State of Ohio Y® e P. Baus, National Surety Ltrade roan d County of Medina M: Senior Executive On this 21st day of MARCH A.D.,2014 , before me personally came Dennis P. Baus to me known, who, Doing by me duly sworn, dic 0 depose and sax, that he resides in Wooster, Ohio; that he is National Surety Leader and Senior ExecutivNof WESTFIELD INSURANCE W COMPANY, WESTFIELD NAVONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the carr-1 described in and whirl E executed the above instrument;that he knows the seals of said Companies;that the seals affixed to said Instrument are such corporate seals;the 0 they were so affixed by order of the Boards of Mroull of said Companies, and that he signed his name thereto by like order. U) Nstac-M >% to Seal %kt L a Affixed U) U) David A. Kotrilk, Attorney at Law, Notary Public 2! State of Ohio Xd% 4m 0 County of l s S.: My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code CL CL ly o 0 t2! U- 1, Frank A. Carrion, Secretary of WESTFIELD INSURANCE COMPANY,WFSTREUD NATIONAL INSURANCE COMPANY and OHIO FAR ERE >% INSURANC (-CIMPANY &: lierrijy certify 1;-raa the above and lorego nq is a true and correct copy of a Plower of Attorney, executed by sak Companies, which Is still in full force and effect; and furthermore,the resoiutlons of the Boards of Directors, slot out in the Power of Attorney an in full force and effect. 0 In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Dino, this 5iick 0 0 (L , ORA#,S 4 - N0 0 'IS to -, E E SEAL SEAL d4U,--,0 saaw"y a 4 Frank A. Carrino, Secretary BPOAC2 (combined) (06-02) Packet Pg. 322 Westfield Insurance Company Westfield Center, Ohio 44251-5001 Bond No.065222X AIA Dooment A312 Performance Bond Any singular reference to Contractor,Surety, owner or other party shell be considered plural where applicable, 0 CONTRACTOR(Name and Address): SIt Y Mimp and Prinninal PIRVIA of RHAInARRV Gory's Plijm bin p&Fire.Inc, Weratfield Insurance Company CU 'c I Park Circle PO Box 6001 Westfield Center,Ohio 44251-5001 L) 6409 2nd Terrace-Sifite I ct Kcy Wost,Fl.33040 CL OWNER(Name and Address)° Mtrnwe CounLy Hourd o r County Cornmimh)w-s 500 Whiteliend Street K cy Wcst,F 1.3.3040 U) CONSTRUCTION CONTRACT Data,August 11),2020 Amount: FOUT-Htnidmd Silty ki j1hiThousund&00/100 Dollurt,;($4614,W00)) Description(Name and Locition Pigeon Key Fire Suppression Si stem Installation X W BOND 2% to(Not earlier then Construction Contract Date):Augwl 24,2020 75 Amount Four Rmidred Sixth,Eight Tliousand 00/100 DolInts($468,000.00 Modification%to this Bond, None 13,9ee Page 3 CONTRACTOR AS PRINCIPAL SURETY 0 Company: . ..... Company: Westfield Insurance Company U (corporate seal) (corporate seat) CL 0 In Signatury Signature: Name and Title tuy C I/jone., FroAlamut Name and Title,.Aribur K. HnWLT,Agmt Autinicy."k-VWL Cal LL E 2 or on page 31 4 sia atures 80pamaIML U) An add Woo, Rh -e U) U) (FOR INFORMATION ONLY—Name,Address and Telephone) 2 AGENT or BROKER: Owner's Repre sentat've(Archilect,Engineer or her pstfy)., CL CL Broder&company IV11 6191 0mige Drive.06159E Davie.FL 33314 (954)504-1002 0 AIA DOCUMENT A512*PERFORMANOR BOND ANOFAVMMNTMND a 09=001IR IBM ED.-AJA* PRINTED IN COOPERAI ION VAIH THE!AMEIRICANNS1 I UTE OF ARCHITECTS,173SHeNYORKAVE,NW,WASHINGTON,V,C.2MW- A3124984 I E THIRD PAINTING*MARtH 1107 BO 6971 M(01--'008) E Packet Pg. 323 , C.13.f U) 1 The Contractor and the Surety, Jointly n v lly, soon as practicabler the amount Is Ind themselves, their heirs, oxscutors, d inl tree , determined, tender payment therefor to the successors d assigns to the Owner for the performance Owner, or of the Construction Contract, which Is incorporated herein A Denyliability in whole or In part andnotify the by reference, r citing on er for, If the Contractor performs the Construction Contract, If the Suretydoes not proceed as provided in Cn the Surety n the ntr or shall have no obligation Pa r p with reasonable promptness, the Surety @hall under this Bond. except to participate in conferences as be deemed to be In default on this Bond fifteen days after provided In Subparagraph V. receipt of an add Itional written notice from the Owner to the If 11hers Is no Owner Default, the Surety's obligation Surety demanding that the Surety perform Its obligations and rthis Bond shall arise after under this Bond, and the Owner shall be entitled to enforce 3.1 The Owner has notified the Contractor and the any remedy available to the Owner. If the Surety proceeds Surety at Its addressdescribed In Paragraph 10 belowas provided In Subparagraph 4.4, and the r refuse that the Owner is considering declaring a Contractor the payment tendered or the Surety has denied liability, I Default and has requested and attempted to arrange a wholeor In part, without further notice the Owner shell be conference with the Contractor and the Surety to be entitled to enforce any remedy available to the Owner. CL held not later then fifteen days after receipt of such 8 After the Owner has terminated the Contractor's right notice discuss methods of performingthe to complete the Construction Contract, and If the Surety Construction Contract. If the r the Contractoran elects to act under Gubparagreph 4.1, 4,2, or 4.3 above, the Surety agree, the Contractor shall be allowed a then the responsibilities of the Surety to the Owner shall reasonable i1rne to performthe Construction Contract, not be greater then those of the Contractor under the but such an agreement shall not waive the Owners Construction Contract, d the responsibilities of the right, if any, subsequently to declare a Contractor Owner to the Surety shall not be greater then those of the e uk;and Owner under the Construction Contract To the limit of the 3.2 The Owner has declared a Contractor Default and amount of this Bond, subject o commitment formally t r 'n t d the Contractor'sright to complete Owner of the Balance of the Contract Price to mitigation of the contract. SuchContractor Default shall not be costs and damages on the Construction Contract, the declared earlier then twenty days after the Contractor Surety is obligated out duplication for and the Suretyv received notice as provided In h responsibilities of the Contractor for correction Subparagraph .1;and of detective work and completion of the Construction 3.3 The Owner has agreed to pay the Balanceof the Contract Contract Price to the Surety In accordance with the Additional legal,design professional and delay r s of the Construction Contract or to a contractor costs result!n the Con ors Default,andU selscted to perform the Construction Contract in roein from the actionsor failure to actof the Surety accordance with the terms of the contract with the under Paragraph 4, and Owner. Liquidated damages,or if no liquidated s t0 4 When h Owner i tis t conditions of specified i t onstru `cn Contract,actual Paragraph , the Surety shall promptly and at the Surety's damages caused by delayed or ace or CL expense k one of the followingactions! nonperformance the Contractor. U .1 Arrange for the Contractor, with consent of t The ur shall not be liable to the owner or others owner, to perform and complete the ConstrUCti0h for obligations of the Contractor that are unrelated to the Contract:or Construction Contract, and the Balance of the Contract 4.2 Undertake to perform complete the Priceshall not be reduced or set off on account of any such Construction Contract itself, through Its agents or unrelated obligations, No right of action shall accrue on through Independent contractors', or this Bond to any person or entity other than a Owner or 4.3 Obtain bids or negotiated proposals from qualified its heirs,executors,administratorsor successors. contractors ept l the Owner for a contractr 0 The Suretyhereby wales notice of any change, performance and completion of the Construction Including changes of time, to the Construction Contract or Contract, arrange r a contractto be preparedfor to relatedsubcontracts, purchase orders andother � execution y the Owner and the contractor selected obligations. 2 with the Owners concurrence, to be secured with 9 Any proceeding, legal or equitable, under this Bond U) performance nd payment bonds executed by a may be Instituted In any court of competent jurisdiction in qualified surety equivalent to the o Issued on the the location In which the work or part of the work Es located CL CL Construction contract, and pay to the Owner the and shall be Instituted within two years after Contractor amount of damagas as described in ParagraphIn Default or within two years r the Contractor ceased excess of the Balance of the Contract Price Incurred working or within two years after the Surety refuses or falls the Owner resu Ring from the Contractorsdefault:or to perform Its obligations under this Bond, vAlithavar 4.4 Waive its right to p or n complete, rran occurs first. If the provisions of this Paragraph are void or for completion, or obtain a new contractor And with prohibited by low, the minimumperiod of limitation reasonable promptn ss under the circumstances, available to sureties s a defense In the jurisdiction of the .1 After Investigation, determine the amount for suit shall be applicable. which it may be liable to the Owner and, as CIL AIA DOCUMENT AIII12.PERFORMANCE BOND AND PAYMENT BONO•0KCRIVIGER 1934 90-.VA k ` PRINTED IN COOPERATION Vin N THE A I IN I 11 LITE OF ARCHITECTA 1735N YORKAVE,N W,WA INGTON,C.C.2 v THIRD PRINTING•MARCH 1 U Q 6971M(01- ) Packet Pg. 324 C.13.f 10 Notice to the Surety,the r or the Contractor shall b ft Owner in settlement of Insurance or other be mailed or delivered to the address shown on the c(sims for damages to which the o tra or is entitled, signature page, reduced II valid and proper payments made to or 11 When this Bonds been rnish d to comply with a on behalf of the Contractor under the Construction statutory or other legal requirement in the location where Contract. the construction was to be performed, any provlMon in this 12.2 Construction Contract, The r between Bond conflicting with sold tuto or legel requirement the Owner and the Contractor Identified on the shall be deemed deleted herelfrom and provisions signature page, Including all Contract Documents and conforming u statutory or other legal requirement changes reo. shall be doomed Incorporated her in. The intent Is that this 12.3 Contractor Default; Failure of the Contractor, Bond shall be construed as a statutory bond and not as a which has neither been remedied nor waived, to 0 common low bond, perform or othoWas to comply with the tama of the 12 DEFINITIONSo ru on Contract, U 12.1 k nce of the Contract Price, The total amount 12A owner Default. Failure of the Owner,which has payable by the Owner to the Contractor under the neither n remedied nor waived, to pay the Construction Contract after all proper adjustments Contractor as required the Construction Contract or CL have been made, Including allowance to the to performcomplete or comply with the other Contractor of any amounts received or to be received ter s thereof. MODIFICATIONS TO THISFOLLOWS: U) c� x 21 5 c� 0 U 0 CL 0 c� c� (Space Is provided below for additional signature&of addedparties,other than those appearing on the cover e. U) CONTRACTOR AS PRINCIPAL SU T`f Company: Company. E (Corporate sal) (Corporate Seel) U) Signature! Signature: Name and Title; Name and : CL Address; CL Address 0 0 2M CL IA DOCUMENT A512 PERFORMANOESONOAND PAYMMW BONDmO R IN4 ED.•AIA* PRINTED IN COOftRATONWIMTHE,%MERICANIN5117UTff 0PARCMITECTS,1735 NEWYORK AVE,N w,wA ' TON,D.C.21=0 ®1 THIRD PRIMNO I MARCH lIff E U 90 6971 M( 1® ) Packet Pg. 325