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08/17/2022 Agreement GV�S COURTq c o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: August 29, 2022 TO: Breanme Erickson, Contract/Budget Administrator Project Management FROM: Liz Yongue, Deputy Clerk SUBJECT: August 17th BOCC Meeting Attached is a copy of the following item, which has been executed and added to the record: C9 Contract with Marino Construction Group, Inc. in the amount of$282,820.00 for the construction of the Reduced Scope Key West Lighthouse Oil Display and Tower Repairs Project to be paid by Tourist Development Council Grant No. 2650. Should you have any questions please feel free to contact me at (305) 292-3550. cc: County Attorney_ Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the 17"' day of August 2022 BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 And the Contractor: Marino Construction Group, Inc. 7025 Shrimp Rd. Suite 2E Key West, FL 33040 For the following Project: KEY WEST LIGHTHOUSE OIL DISPLAY AND TOWER REPAIRS Scope of the Work The Contractor is required to provide a complete job as contemplated by the drawings and specifications, which are a part of this bid package. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies, permits and any other means of construction necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. The Scope of Work shall include, but not be limited to historic renovation of the Key West Lighthouse and Oil House, a historic brick masonry lighthouse completed in 1848, with additions in 1894. The historic structures will be repaired, including restoration of historic metalwork at the interior and exterior, restoration and repair of historic windows, repainting, new metalwork, and fabrication of historic interiors. OIL HOUSE DISPLAY • Deleted from the Scope of Work: o All Demolition of Concrete Floor, Stucco Repair, New Concrete Floor, Reproduction Butt Benches, Electric & Lighting, Interior & Exterior Painting, Cleaning. • Remaining in Scope of Work: Page 1 of 19 o New restored Dutch Style Door & Jamb as Specified. The Door & Jamb will be painted to match Historic Colors as specified. LIGHT HOUSE TOWER • Deleted from the Scope of Work: o All Inspections and Repairs to the Lighting Rod, Ventilator, and Roof, Painting of Tower Interior Metal Spiral Stairs and Rails. • Remaining Scope of Work: o Cornice and Roof will be Caulked and Painted as specified, o All exterior Platforms will be repaired with new metal and/or epoxy to match existing as specified. o All Guardrails will be repaired with new metal and/or epoxy as specified. o New(2) Ladder Guards will be fabricated as specified. o All interior and exterior Metal, Framing, Rails, & Ceiling of the Lens Room will be painted as specified. o All interior and exterior Watch Room Walls, Ceiling, Platform, Ladder Guards, &Guardrails will be painted as specified. o All Historic Portholes, Windows, Doors, & Shutters will be Restored & Painted as specified. o All Interior Walls and Wainscot Paneling will be painted as specified. o Metal Entry Door will be repaired and painted as specified. o Owner will provide two parking spaces in parking lot. One for dumpster and one for Tool& Equipment Trailer. a. Comply with applicable codes and regulations for safety of adjacent structures and the public. Provide, erect, and maintain temporary barriers and security devices. b. Contractor is advised that the work of this project involves a significant historic site. The Key West Lighthouse and Oil House constitute a historic brick masonry lighthouse completed in 1848, with additions in 1894. All work activities must be undertaken with sufficient care to protect this historic resource and must be supervised by personnel who are familiar with the Secretary of Interiors Standards for Rehabilitation. All work must comply with the Secretary of the Interiors Standards for Rehabilitation, as administered by the Florida Department of State, Division of Historic Resources and must be coordinated with the project architect, Bender&Associates. ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda issued prior to execution of this Agreement, together with the response to RFP and all required insurance documentation, and Modifications issued after execution of this Agreement. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. Page 2 of 19 ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: N/A ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the Owner. The Contractor shall achieve Substantial Completion of the entire Work not later than One Hundred Twenty (120) calendar days after the date of commencement or issuance of a Notice to Proceed. The time or times stipulated in the contract for completion of the work of the contract or of specified phases of the contract shall be the calendar date or dates listed in the milestone schedule. Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extensions in time as set forth by the Director of Project Management's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. FIRST SECOND 31ST DAY& CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under$50,000.00 $50.00/Day $100.00/Day $250.00/Day $50,000.00-99,999.00 100.00/Day 200.0O/Day 750.00/Day $100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day $500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. Uncontrollable Circumstance. Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical stomp, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not),terrorist threats or acts, riot,or other civil unrest in the geographic area of the Project; (d)government order or law in the geographic area of the Project; (e)actions, embargoes, or blockades in effect on or after the date of this Agreement; (0 action by any governmental authority prohibiting work in the geographic area of the Project; (each, a "Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within seven (7) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Page 3 of 19 Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement.The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek additional time at no cost to the County as the Owner's Representative may determine. ARTICLE 4 Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Two Hundred Eighty-Two Thousand, Eight Hundred Twenty Dollars and Zero Cents ($282,820.00), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: NIA 4.3 Unit prices, if any, are as follows: NIA ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Director of Project Management, and upon approval for payment issued by the Director of Project Management and Architect, the Owner shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one (1) calendar month ending on the last day of the month. 5.3 Payment will be made by the Owner, upon receipt of a proper invoice from the Contractor, in accordance with the Florida Local Government Prompt Payment Act, Section 218.735, Florida Statutes and Monroe County Code. The Contractor is to submit to the Owner invoices with supporting documentation that are acceptable to the Monroe County Office of Clerk and Comptroller (Clerk). Acceptability to the Clerk is based upon generally accepted accounting principles and such laws, rules and regulations as may govern the disbursal of funds by the Clerk.The Owner is exempt from sales and use taxes. A copy of the tax exemption certificate will be provided by the Owner upon request. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents.The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Director of Project Management may require. This schedule, unless objected to by the Director of Project Management, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. Page 4 of 19 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of five percent(5%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be the net cost to the Owner, less Overhead, Profit and Documented Costs incurred prior to the change Request, as indicated in the corresponding line item in the Approved Schedule of Values for that line item as confirmed by the Director of Project Management.When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage; 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions. 5.7 Retannage of five percent(5%)will be withheld in accordance with Section 218.735(8)(a), Florida Statutes. ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor and the work has been accepted by the Owner except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment, and (2) a final approval for payment has been issued by the Director of Project Management. Such final payment shall be made by the Owner not more than twenty (20) days after the issuance of the final approval for payment. The following documents (samples in section 01027, Application for Payment) are required for Final Payment: (1)Application and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion (4) Contractor's Affidavit of Debts and Claims (5) Contractor's Affidavit of Release of Liens (6) Final Release of Lien (7) Contractor shall provide two (2) hard copies in tabulated divided binders and Page 5of19 one(1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a common form (i.e., flash drive) of all the following, but not limited to: A. Project Record Documents(As Built Documents), B. Operating and maintenance data, instructions to the Owner's personnel. C. Warranties, bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Electronic copies of approved submittals. G. Evidence of payment and final release of liens and consent of surety to final release(includes final release from all utilities and utility companies). H. Copies of either a Certificate of Completion or Certificate of Occupancy issued by the City of Key West Building Department. ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. 7.3 Temporary facilities and services:As described in Section 01500,Temporary Facilities, of the General Conditions. 7.4 Annual Appropriation. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated, and the County has no further obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. 7.5 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract to supply any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of Page 6 of 19 the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 7.6 The following items are included in this contract: a) Maintenance of Records. Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven(7)years from the termination of this Agreement or five(5)years from the submission of the final expenditure report as per 2 CFR §200.333, if applicable, whichever is greater. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven (7) years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid by the Owner. Right to Audit_ Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files(including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner or by the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this Agreement, and all other agreements, sources of information and matters that may in Owner's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records') shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner or the County Clerk. Owner or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site,witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten(10)years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of records, assets, and activities relating to this Project. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, Florida Statutes, running from the date the monies were paid to Contractor. The Right to Audit provisions survive the termination or expiration of this Agreement. Page 7of19 b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial by jury. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. c) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. d) Attorney's Fees and Costs. The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any parry relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the non-prevailing party and shall include attorney's fees and court costs in appellate proceedings. e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. f) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of counsel. g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of the funding that affect the Project will be provided to each party. h) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. Page 8of19 This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of Section 7.4, Section 7.6 or Article 8 concerning termination or cancellation. i) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. j) Nondiscrimination/Equal Employment Opportunity. The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1)Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended(20 USC§ 794), which prohibits discrimination on the basis of handicaps;4) The Age Discrimination Act of 1975, as amended (42 USC §§6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6)The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§523 and 527(42 USC§§690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101 Note), as may be amended from time to time,relating to nondiscrimination in employment on the basis of disability; 10)Monroe County Code Chapter 14, Article II,which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. k) Covenant of No Interest. County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 1) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; Page 9 of 19 unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. m) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual,or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. n) Employment or Retention of Former County Officers or Employees. Contractor warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Monroe County Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Monroe County Ordinance No. 020-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. o) Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Section 119.0701, Florida Statutes 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 Page 10 of 19 within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release,alter,destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC 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. Page 11 of 19 p) Non-Waiver of Immunity. Notwithstanding the provisions of Section 768,28, Florida Statutes, the participation of the Contractor and the County in this Agreement and the acquisition of any commercial liability insurance coverage,self-insurance coverage,or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. q) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws,.ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. r) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. s) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third- party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. t) Attestations. Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. u) No Personal Liability. No covenant or agreement contained herein shall be deemed to be 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. v) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. Page 12 of 19 w) Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against(i)any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury(including death), loss, damage,fine, penalty or business interruption, and(ill)any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B)the negligence or recklessness,intentional wrongful misconduct, errors or other wrongful actor omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or(C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. The limits of liability shall be as set forth in the insurance requirements included in this Agreement. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project(to include the work of others)is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. x) Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. y) Disadvantaged Business Enterprise(DBE) Policy and Obligation. It is the policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that DBE's have the opportunity to compete and perform contracts. The County and Contractor and subcontractors shall not discriminate on the Page 13 of 19 basis of race, color, national origin or sex in award and performance of contracts, entered pursuant to this Agreement. z) Agreements with Subcontractors. In the event that the Contractor subcontracts any or all of the work in this project to any third party, the Contractor specifically agrees to identify the COUNTY as an additional insured on all insurance policies required by the County. In addition, the Contractor specifically agrees that all agreements or contracts of any nature with his subcontractors shall include the COUNTY as additional insured. aa)Florida Green Building Coalition Standards. Monroe County requires its buildings to conform to Florida Green Building Coalition standards. Special Conditions, if any, are detailed in Section 00100 of the Project Manual for this Project. bb) Independent Contractor. At all times and for all purposes under this Agreement, Contractor is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this Agreement shall be construed so as to find Contractor or any of its employees, subcontractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. cc) E-Verify System. Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of Section 448.095, Florida Statutes. dd)Entire Agreement. This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written,with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in writing, approved by the Board of County Commissioners, and signed by both parties before it becomes effective. 7.7 Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, postage prepaid, or by courier with proof of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice is deemed received by Contractor when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the following persons: For Contractor: Marino Construction Group, Inc. 7025 Shrimp Rd., Suite 2E Page 14 of 19 Key West, FL 33040 For Owner. Director of Project Management Assistant County Administrator, PW& E 1100 Simonton Street, Room 2-216 1100 Simonton Street Key West, Florida 33040 Key West, Florida 33040 County Attorney 1111 12t'Street, Suite 408 Key West, Florida 33040 ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions. 8.2 In the event that the Contractor shall be found to be negligent in any aspect of service,the County shall have the right to terminate this Agreement after five(5) calendar days'written notification to the Contractor. 8.3 Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60)days'written notice of its intention to do so. 8.4 Termination for Cause and Remedies: In the event of breach of any contract terms, the County retains the right to terminate this Agreement. The County may also terminate this Agreement for cause with Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination,prior to termination,the County shall provide Contractor with seventy-two(72) hours' written notice and provide the Contractor with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the County terminates this Agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this Agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract; however, the County reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to Contractor shall not in any event exceed the spending cap in this Agreement. In addition, the County reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 8.5 Termination for Convenience: The County may terminate this Agreement for convenience, at any time, upon thirty(30) days'written notice to Contractor. If the County terminates this Agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this Agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract. The maximum amount due to Contractor shall not exceed the spending cap in this Agreement. Page 15 of 19 8.6 For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 8.7 For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or(2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. ARTICLE 9 Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: a) Drawings &Specifications for the Key West Lighthouse Oil Display &Tower Repairs provided by Bender&Associates: • Key West Light Station Repairs- Deliverable 1: Existing Conditions dated 10/27/2021 o Sheets A0.0 thru A8.0 and Sheets 10 thru 56 of Sketches, Details & Photos • Key West Light Station Repairs- Drawings dated 3/30/2022 o Sheets A0.0 thru A8.0 • Key West Light Station Repairs- Specifications dated 3/30/2022 o Pages 1 thru 146 b) Project Manual: N/A 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated: N/A 9.1.4 The Addenda, if any, are as follows: Page 16 of 19 Number Date Page 1 5/27/22 1 This Agreement is entered into as of the day and year first written above and is executed in at least one(1) original copy. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Page 17 of 19 Execution by the Contractor must be by a person with authority to bind the entity. 7.rei`a5.54.1%,ATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED. icol' ---ct---- BOARD OF COUNTY COMMISSIONERS I ' •(=f1-s " 4Vait . le -Vt 2 evin Madok, Clerk OF MONROE COUNTY, FLORIDA "4-:* .,.. "r- .- . A AA I By so : '''.., - •:$;c4 r A- Deputy Cl-elk Mayor/ man .„4. MONROE COUNTY ATTORNEY'S OFFeCE (SEAL) APPROVED AS TO FOAM ,( 0 /Th rii.(:Th t \--"( JO P arNOVCi ASSISTANT COUNTY ATTORNEY DATE: 7-9P-7n27 CONTRACTOR'S Witnesses Attest: CONTRACTOR: MARINO CONSTRUCTION GROUP, INCORPORATED Contractor must provide two witnesses -----___, signatures Signature: Signature: ktif -..)/140i-----•—•1 Print Name: ,0-410( ifgefsoai.d 914:1„,... Print Name: 1(4-911-Icen A • , 4 Title: ,009 Date: Attt . b(9-)09-601-11--- Date: Ar-ow-AvAz- . and Signature: t,„ ---, Print Name: I(1-e/ b1,1/1 V117\- - f— Date: AM • 6 2 2-0 22- STATE OF PO rida, , COUNTY OF 4014 PO e --:-:;1E LI-c...,. -1:, — --- -,- _ i AO On this 0, day of ill;dlijsi _,- • •\,; ,..---7., , 20ad, before me, the undersigned notary public,- ,---, by,, ineanR of [13/ phycal presence or El online, personally-- appeare95 (Wall Disemi d ,(name of affiant) kagap t me to be the person whose name is subscribed above or who produced as identification, and acknowledged that he/she is the person who executed the above contract with Monroe County for KEY WEST LIGHTHOUSE OIL DISP Y AND TOWER REPAIRS for the purposes therein contained. Notary Public Slate of Florida I fcft: Hubert N Reuter Notary Public 1 a . My Commission ti, ce HH 159708 I Print Name a tri- cyv• Exp. 8/2/2025 My commission expires: thit9-5 (Seal) Page 18 of 19 GENERAL REQUIREMENTS Where Project Management is Not a Constructor Section 00750 General Conditions Section 00970 Project Safety and Health Plan Section 00980 Contractor Quality Control Plan Section 01015 Contractor's Use of the Premises Section 01027 Application for Payment Section 01030 Alternates Section 01040 Project Coordination Section 01045 Cutting and Patching Section 01050 Field Engineering Section 01200 Project Meetings Section 01301 Submittals Section 01310 Progress Schedules Section 01370 Schedule of Values Section 01385 Daily Construction Reports Section 01395 Request for Information—(RFI) Section 01410 Testing Laboratory Services Section 01421 Reference Standards and Definitions Section 01500 Temporary Facilities Section 01520 Construction Aids Section 01550 Access Roads and Parking Areas Section 01560 Temporary Controls Section 01590 Field Offices and Sheds Section 01595 Construction Cleaning Section 01600 Material and Equipment Section 01630 Post-Proposal Substitutions Section 01640 Product Handling Section 01700 Contract Closeout Section 01710 Final Cleaning Section 01720 Project Record Documents Section 01730 Operation and Maintenance Data Section 01740 Warranties Page 19 of 19 KEY WEST LIGHTHOUSE OIL DISPLAY AND TOWER REPAIRS SECTION 0 1''1'20 PROPOSAL FORM PROPOSAL TO: M ONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT 1100 SIM ONTON STREET ROOM 2-213 KEY WEST, FLORIDA 33040 PROPOSAL FROM: Marino Construction Grou2, Inc. 7025 Shrimp Rd, Suite 21 Key West, FL 33040 The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of: KEY WEST LIGHTHOUSE COIL DISPLAY AND TOWER REPAIRS and having carefully examined the site where the Work is to be performed, having became familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself/herself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the Work„ 'does hereby propose to furnish all labor, mechanics, superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said Work and work incidental hereto, in a workman-like manner, in conformance with said Drawings, Specifications, and other Contract Documents including Addenda issued thereto. The undersigned further certifies that he/she has personally inspected the actual location of where the Work is to be performed,together with the local sources of supply and that he/she understands the conditions under which the Work is to be performed. The successful proposer shall assume the risk of any and all costs and delays arising from the existence of any subsurface'or other latent physical condition which could be reasonably anticipated by reference to documentary information, provided and made available, and from inspection and examination of the site. The Base Proposal shall be furnished below in words and numbers. If there is an Inconsistency between the two, the Proposal in words shall control. Three Hundred Sixty-Five Thousand,Ninety-Five Dollars and Thirty-Four Cents Dollars (Total Base Proposal-words) 365,095.34 Dollars (Total Base Proposal —numbers) Add Alt - Historic Oil House Brick Floor by Alternate per Sheet Index, Sheet A1.2, Details 1-A1.2 Oil House I acknowledge Alternates as follows: N/A Floor Plan: $7,227.36 Knit prices, if'any, are as follows: N/A Clarification: Our Proposal includes Allowances for Roof Inspection and Repairs Up to 15%. PROPOSAL FIRM 00120-Page 26 of 218 KEY WEST LIGHTHOUSE OIL DISPLAY AND TOWER REPAIRS I acknowledge receipt of Addenda No.(s) No. 1 Gated May 27, 2022 No. Dated No. dated No. Bated PROPO A;L FORM 00120-Page 27 of 218 KEY WEST LIGHTHOUSE OIL DISPLAY AND TOWER REPAIRS Proposer, states by his/her check mark in the blank beside the form and by his/her signature that he/she has provided the following requirements (located in Section 00120): 1, Proposal Form V 2. Proposal Security (Bid Bond) 1L 3. Non-Collusion Affidavit IV/ 4. Lobbying and Conflict of Interest Clause V 5. Drug-Free Workplace Form 6, Local Preference Form and requirements (if applicable) V 7. Public Entity Crime Statement 1L & Vendor Certification Regarding Scrutinized Companies Lists 9. Subcontractor List Form V 10, Proposer's Insurance and Indemnification Statement 11. Insurance Agents Statement (signed by agent) 12. Answered Required Questions 13. Provided three (3) Customer References and three (3) Credit References V 14, Provided three (3) years of Financial Statements in separate email, marked "CONFIDENTIAL" V 15, Certified copy of Valid Florida Contractor's License V 16. Current Monroe County Occupational License IV Business Name: Marino Construction Group, Inc. DBA: N/A Business EIN# 65-0823279 Business Mailing Address: 7025 Shrimp Rd. Suite 2E Address: PO Box 1706 City, State, Zip KeX West, FL 33040 City,State,Zip !Le.y West,FL 33041 Phone: 305-359-5269 Local Phone: 305-359-5269 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. Date: 06/30/2022 Signed: Printed: Matah Persaud Title; CEO Witness: PROPOSAL F 00 120- Page 28 of 218 KEY WEST LIGHTHOUSE OIL DISPLAY AND TOWER (REPAIRS BID (PROPOSAL) BOND KNOW.ALL MEN BY THESE PRESENTS, that we Marino Construction Group, Inc. 7025 Shrimp Rd., Suite 2E, Key West„ FL 33040 (Here insert name and address or legal title of Contractor) as Principal, hereinafter called the Principal, and Travelers Casualty and Surety Company of America One Tower Square, Hartford, CT 06183 (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of CT as Surety, hereinafter called the Surety, are held and firmly bound unto Monroe County Board of County Commissioners 500 Whitehead Street, Key West, FL 33040 (Here insert full name and address or legal title of Owner) rx a C Bid P t Pee.en o rps as Obligee, hereinafter called the Obligee, in the sum of Five al 5utmm"eboIlars ($---- % LL- ), for the payment of which sum well and truly to be made„ the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly, by these presents. WHEREAS, the Principal has submitted a, bid for Key West Lighthouse Oil Display and Tower Repairs (Here insert full name, address and description of project) NOW,THEREFORE, if the Obligee shall accept the bid of the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid„ and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Any action instituted by a claimant under this bond must be in accordance with the notice and time limitations provisions in Section 255,05(2), Florida Statutes. Marino Construction Group, Inc. (Principal) (Seal) (Title) Travelers Casualty and Surety Company of America ('Surety) (Seal) (Witness, " (Title) William L barker Attorney in Fact&FL Res Agen: PROPOSAL FORM 001 g- Page 29 of 218 .................. Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company VELERS St. Pau:l Fire and Marine Insurance Company 776 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duty organized tinder the laws of the State of Connecticut (herein collectively called the "Cornpallies"),and that the Companies do hereby make,constitute and appolint William L.Parker of MIAMI I Florida , their true and lawful Attorney-in-Fact to sign, execute, sea] and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in, tile nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing tile performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions Of proceedings allowed by law, IN WITNESS WHEREOF,the Companies have CaLlsed this instrument to be signed,and their corporate seals to be hereto affixed,this 3rd day of February, 201T wit HART ow UAL State of Connecticut By: City of Hartford ss, '71ob`art L. Raney,Se or Vice Ptesident On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fife and Marine Insurance Company, and that lie, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on berieff of the corporations by himself as a duty authorized officer, Ili Witness Whereof,I hereunto set my hand and official seal, My Commission expires the 30th day of June,2021 0 Marie C.Tetresuft,Notary Public This Power of Attorney is granted under slid by tile authority of the following resolutions adopted by the Boards of Directors of 'Travelers Casually and Surety Company of America,,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company,which resolutions are now in full force and effect,reading as foliows; RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer,, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and niay give such appointee such authority as his or her certificate of authority may prescribe to sign will) the Company's name and seal with the Company's seal bonds,recognizances,contracts of Indemnity, and other writings obligatory in the nature of bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given I 0m or her;and it,is FURTHER RESOLVED, that the Chairman, the President, any Vice Cliairman, any, Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of tile foregoing authority to one or more officers or employees of this Company,provided that each such:delegation is in writing and a copy thereof is filed In the office of the Secretary„and it is FURTHER RESOLVED, that any bond, recognizance, contract of Indemnity, or writing obilgatofy In the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,ally Executive Vice President,any Senior Vice President or any Vim President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seat by a Secretary or Assistant Secretary;or(b) duly executed(under seal, 4 required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, ally Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary,and the seal of tile Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory In the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsilmile seal shall be valid and binding on tile Company in the future with respect to any bond or understanding to which it Is attached, 1, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casually and Surety K,ornpany, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains In full force and effect. Dated this 24 day of June 2022 Kevin E, Hughes,Ass tant Sec—te7ir;- To verify the authenticity of this Power ofAttiorney,please call us at 1-860-421-3880. Please safer to the above-earned Attorney-In-Fact and the details of the bond to which the power Is attached. .......... KEY WEST LIGHTHOUSE OIL DISPLAY AND TOWER REPAIRS SECTION 00120 NON-COLLUSION AFFIDAVIT Matah Persaud of the city Key West according to law on my oath, and under penalty of perjury, depose and say that: 1. 1 am CEO of the firm of MarinoConstruction,Group,.Inc, the proposer making the Proposal for the project described in the notice for calling for proposals for: . Key West Lighthouse Oil Display and Tower Repairs and that I executed the said proposal with full authority to do so; 2. The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; and 3. U'nless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor; and 4. No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition; and 5. The statements contained in this affidavit are true and correct, and made with full knowledge idT"�,�. 06/3012022 (Signature of Proposer) Matah Persaud (Date) STATE OF: Florida COUNTY OF: Monroe Subscribed and sworn to (or affirmed) before me, by means of R/physical presence or 0 online notarization, on (Q130 ba (date) by Aa�\ e/She is pt=Gally (name of affiant). 1± known to me or has produced (type of identification) as identification. 4p Notary 7�EXL)m�y H bKep-r1ut5b-9 l;7c0 State a te o f Florida Hucom tit. Router NOTARY PU60Cn".s�on EXp. 8/212025 My commission expires:--4Z2,,� PROPOSAL FORM 00120- Page 30 of 218 KEY WEST LIGHTHOUSE OIL DISPLAY AND TOWER REPAIRS LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE Marino Construction Group, Inc. (Company) warrants that he/it has not employed, retained or otherwise had act on his/its, behalf any former County officer or employee in violation of Section 2 of Ordinance No, 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990, For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". ('Signature) Date: 06/30/2,022 STATE OF: -4 COUNTY OF: td,u-ro e Subscribed and sworn to (or affirmed) before me, by means of physical presence or 0 online notarization, on (date) by A&6 peuualdl (name of affiant). te,/She is personally kLgw_n:l to me or has produced (type of identification) as identification. Notary Public State of Florida Hubert N Reuter V %Commisslon �OTAAYPUBEIC M '$9708 EXP. 8/212025 My commission expires: PROPOSAL FORM 00120-Page 31 of 218 KEY WEST LIGHTHOUSE OIL DISPLAY AND TOWER REPAIRS DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Marino Construction Group, Inc. (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere,to, any violation of Chapter 893 (Florida Statutes)or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such, is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, 1: certify that this firm complies fully with the above requirements. Proposer's Signature 06/3012022 Date STATE 017: Florida COUNTY OF: Monroe Subscribed and sworn to (or affirmed) before me, by means o (9 physical presence or El online notarization, on 0A (date) by (name of affiant). r —VA Fjv/She is p2!s�on .ly, to me or has produced (type of identification) as identification. Notary Public state of FWida 4 Hubert N Reuter V V M m y- mission NOTARY PUBLIC r-T y COT HH 169708 - Exp. 8/ (SEAL) Exp. 8/212C25 My commission expires:. PROPOSAL FORM 00120- Page 32 of 218 KEY WEST LIGHTHOUSE OIL DISPLAY AND TOWER REPAIRS 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 Maring Qgnstrugligp Q[gg In Date: 06/30/20!22 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? Yes, (Please furnish copy,) 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 or services being offered to Monroe County? Yes (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: 7025 Shrimg Rd. Suite 2E, Key West, FL 33040 Telephone Number: 305,-359-5269 B. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services or construction to local businesses meeting the criteria above as to licensing and location? No If yes, please provide: I. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one (1) year prior to the notice or request for bid or proposal. 2.Subcontractor's physical business,address within Monroe County from which the subcontractor operates: (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 bids or proposals) Tel.Number Address Print Name: Matah Persaud Signature and Title of Authorized Signatory for Bidder/Responder STATE OF: Florida COUNTY OF: Monroe Subscribed and sworn to (or affirmed) before me, by means of 2"physical presence or 0 online notarization, on (date) by I I (name of affiant). Ljo/She is_Rt[Longlly known to me or has produced (type of iden identification. Notary Public State of Florida ,xt,v 1 Hubert N Router %Cornrnission NOTARY PUkIC V 159708 or Exp. 8/212025 My commission expires-., h1d PROPOSAL FORM 00 120-Pase 33 of 218 KEY WEST LIGHTHOUSE OIL DISPLAY AND TOWER REPAIRS PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid: on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither Marino Construction Croup, Inc. (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last thirty-six (36) months. (Signature) Date: 06/30/2022 STATE OF: Florida COUNTY OF: Monroe Subscribed and sworn to (or affirmed) before me, by means of 93"physical presence or 13 online notarizationi, on ('1/3D/a @---------- (date) by C14,Ak �6say_d_ (name of aff!ant). de/She is personally kDgxa to me or has produced (type of identification) as identification. Notary Public State of Florida Hubert NI Reuter NOTARY PAILIC V mrosion MYHC oM 159is708 Exp, 81212025 My commission expires: PROPOSAL FORM 00 120- Page 34 of 218 KEY WEST LIGHTHOUSE OIL DISPLAY AND TOWER REPAIRS VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Descriptilon(s): igh1hgUse Qil QjgI21gy @nd Tgwgr RQUgira Respondent Vendor Name: Marino Construction: Group, Inc. Vendor FEIN: 65-0823279 Vendor's Authorized Representative Name and Title: Mat Persaud/CEQ Address: 7025 Shrimp Rd. Suite 2E City: Key-West State: FL Zip: 33040 Phone Number 305-359-5269 Email Address: mi)ersaud@marino-construction.com .Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215,473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in, business operations in Cuba or Syria. I understand that pursuant to Section,287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the, Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria, Certified By: Mstah P2[agud who is authorized to sign on behalf of the above referenced Authorized Signature: Print Name: Matah Persaud Title: CEO Note. The List are available at the following Department of Management Services Site: Lw�A dri2Liltlyilgricia.coi,a/[)U,aLlitss gp��LqtjonsLstatg lLas�t g — - g1iLc_ _ 19/vendor inforMation/convict ended di§Lcri ints vendor fists PROPOSAL FORM 00 120- Page 35 of 218 KEY WEST LIGHTHOUSE OIL DISPLAY AND TOWER REPAIRS SUBCONTRACTOR LISTING FORM Division Subcontractor Contact Person Ph#w/area code Fax: Cell Address 04 Olde World Walls® CeilinEls Gin®er Clark 407-349-3600 2110 Crossover Ln.,Geneva,FL 32732 0® Austin Historical �bdi Ru®in ®00-611-2601 2113 South Division Avenue,Orlando,FL 32®05 05 KuM Custom Metals Aku®BlaZek 305-®42-1®20 5642 3rd Ave.Key West,FL 33040 07 Atlantic Roofin® �bnathan Gon&le® M44-966-7663 1941 W.Copans,®ompano Beach,FL 33064 09 Messery®aint and CoatmHs Keith Messery 239-470-5362 1114 White Street,Key West,FL 33040 16 Check Electric Karel Bu®lak 305-®90-3332 3255 FlaZler Ave.®nit 303,Key West,FL PROPOSAL FORM 00120- Page 36 of 218 KEY WEST LIGHTHOUSE OIL DISPLAY AND TOWER REPAIRS SECTION 00130 INSURANCE REQUIREMENTS AND FORMS MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES General Insurance Requirements for Construction Contractors and Subcontractors Prior to the commencement of work governed by this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this contract.. The Contractor will ensure that the insurance obtained will extend protection to all Sub-Contractors engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre- staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor will be held responsible for all deductibles and self-insured retentions that may be contained in the Contractor's Insurance policies. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: Certificate of Insurance or A Certified copy of the actual insurance policy. However, the Contractor shall provide to County Project Management a valid Certificate of Insurance and a certified complete copy of any and all Builder's Risk Insurance Policies and policies covering County-owned property with all endorsements, amendments, exclusions and notice of changes to the policy. On any and all Builder's Risk Insurance Policies and policies covering County-owned property, the Monroe County Board of County Commissioners will be named as a named Insured„ additional insured and loss payee. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. INSURANCE REQUIREMENTS AND FORMS 00130_ Page 37 of 218 KEY WEST LIGHTHOUSE OIL, DISPLAY AND TOWER REPAIRS All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements"" and approved by Monroe County Risk Management. INSURANCE REQUIREMENTS AND FORMS 00 130- Page 38 of 218 KEY WEST LIGHTHOUSE OIL DISPLAY AND TOWER REPAIRS WO RKE RS' COMPENSATION INSURANCE REQUIREMENTS FOR KEY WEST LIGHTHOUSE OIL DISPLAY AND TOWER REPAIRS BETWEEN MONROE COUNTY, FLORIDA AND Marino Construction Group, Inc. Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes and the requirements of Florida Statutes, Chapter 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease, policy limits $1,000,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self- insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. INSURANCE REQUIREMENTS AND FORMS 001 30-Page 39 of 218 KEY WEST LIGHTHOUSE OIL DISPLAY AND TOWER REPAIRS GENERAL LIABILITY INSURANCE REQUIREMENTS FOR KEY WEST LIGHTHOUSE OIL DISPLAY AND TOWER REPAIRS BETWEEN III ONROE COUNTY, FLORIDA AND Marino Construction Group, Inc, Prior to the commencement of work governed by this contract,the Contractor shall obtain General Liability Insurance, Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations Blanket Contractual Liability • Personal Injury Liability The minimum limits acceptable shall be: $1,000,000 Combined Single Limit An Occurrence Form policy is preferred. if coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. INSURANCE REQUIREMENTS AND FORMS 00130- Page 40 of 218 KEY WEST LIGHTHOUSE OIL DISPLAY AND TOWER REPAIRS VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR KEY WEST LIGHTHOUSE OIL DISPLAY AND TOWER REPAIRS BETWEEN MONROE COUNTY, FLORIDA AND Marino Construction Group, Inc. Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: a Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $300,000 Combined Single Limit(CSL) If split limits are provided, the minimum limits acceptable shall be: $200,000 per Person $300,000 per Occurrence $200,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. INSURANCE REQUIREMENTS AND FORMS 00 130- Page 41 of 218 KEY WEST LIGHTHOUSE OIL DISPLAY AND TOWER REPAIRS PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Worker's Compensation Statutory Limits Employers Liability $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease Policy Limits $1,0010,000 Bodily Injury by Disease, each employee General Liability, including $500,000 Combined Single Limit Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Vehicle Liability (Owned, non-owned, and hired vehicles) $300,000 Combined Single Limit If split limits are preferred: $200,000 per Person $300,000 per Occurrence $200,000 Property Damage Builder's Risk: Not Required The contract shall require a Public Construction bond equal to the contract cost. The bond must be issued by an A rated surety company doing business in the State of Florida, The Contractor shall provide a certified copy of the recorded payment and/or performance bond to the Owner pursuant to Fla. Stat. Sec. 255.05. The Monroe County Board of County Commissioners shall be named as Additional Insured on General Liability and Vehicle policies Issued to satisfy the above requirements. Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i), any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified, party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of INSURANCE REQUIREMENTS AND FORMS 00 130- Page 42 of 218 KEY WEST LIGHTHOUSE, OIL DISPLAY AND TOWER REPAIRS its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to Fla. Stat., Sec. 725.06. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor s failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the, Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and: shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this AGREEMENT. PROPOSER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all of the requirements herein. I fully accept the indemnification and hold harmless and duty to defend as set out in this proposal. Marino Construction Group, Inc. PROPOSER Signature Matah Persaud INSURANCE REQUIREMENTS AND FORMS 00 130- Page 43 of 218 KEY WEST LIGHTHOUSE OIL DISPLAY AND TOWER REPAIRS INSURANCE AGENT'S STATEMENT have reviewed the above requirements with the proposer named above. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES General Lia®ility $5,000.00 Auto $1,000.00 Worker® Compensation A®WCFL3039MO2021 Liability policies are ® Occurrence Claims Made AWA Insurance Insurance Agency Signature End of Section 00120 INSURANCE REQUIREMENTS AND FORMS 00130- Page 44 of 218 KEY WEST' LIGHTHOUSE OIL DISPLAY AND TOWER REPAIRS SECTION 00140 PRE-PROPOSAL SUBSTITUTIONS PART 1 - GENERAL 1.1 Document includes A. Pre-Proposal Substitutions 1.2 PROPOSER'S OPTIONS A. For products specified only by reference standard, select product meeting that standard, by any manufacturer. B. For products specified by naming several products or manufacturers, select one (1) of the products and manufacturers named which complies with the Technical Specifications. C. For Products specified by naming several products or manufacturers and stating '"or equivalent", "or equal", or "Project Management approved equivalent", or similar wording, submit a request for substitutions, for any product or manufacturer which is not specifically named for review and approval by Owner and Architect. D. For products specified by naming only one (1) prod u,ct/ma n ufacture r, there is no option and no substitution will be allowed. 1.3 SUBSTITUTIONS A, Base Proposal shall be in accordance with the Contract Documents. 1. Substitutions for products may be made during the proposal process by submitting completed substitution request form and substantiating product data/literature a minimum of ten (10) calendar days prior to the Proposal Date to Project Management. 2. Project Management will consider requests utilizing this section from the Proposer for substitution of products in place of those specified. 3. Those submitted fifteen (115) calendar days prior to Proposal Due Date will, be included in an addendum if acceptable. 4. Substitution requests may be submitted utilizing a facsimile machine (FAX) if substitution request forms and substantiating data are submitted. B. Submit separate request for each substitution. Support each request with: I Complete data substantiating compliance of proposed substitution with requirements stated in Contract Documents: a. Product identification, including manufacturer's name and address. b. Manufacturer's literature, identifying: 1) Product description. PRE-PROPOSAL SUBSTITUTIONS 00140-Page 45 of 218 KEY WEST LIGHTHOUSE OIL DISPLAY AND TOWER REPAIRS Fill in Blanks Below: K Does the substitution affect dimensions shown on Drawings? N/A Yes No If yes, clearly indicate changes: & Will the undersigned pay for changes to the building design, including engineering and detailing costs, caused by the requested substitution? Yes No If no, fully explain: N/A C. What effect does substitution have on other Contracts or other trades? N/A D. What effect does substitution have on construction schedule? N/A E. Manufacturer's warranties of the proposed and specified items are: N/A —Same Different. Explain: F. Reason for Request: N/A G. Itemized comparison of specified item(s) with the proposed substitution; list significant variations: N/A H. Designation of maintenance: services and sources: (Attach additional sheets if required,) N/A End of Section 00140 PRE-PROPOSAL SUBSTITUTIONS 00140- Page 49 of 218 F 7C) a D, an LU uj CIO j � 7 r� Z LU � f � D ' IN IV ,l �,+" j c e' � I u =� ► 0 �I uj In y ' 1 " N � r t og> UA u o z z u z11 Wow z � .j c LOLK fit CL Jill y f � t G , ............. ...—--- -....� Q � 2021 / 2022 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2022 RECEIPT# 30140-105410 Business Name: MARINO CONSTRUCTION GROUP INC TE Owner Name: MICHAEL J MARINO PRES Business Location: 7025 SHRIMP RD 04 2E Mailing Address: KEY WEST, FL 33040 PO BOX 1706 Business Phone: 305-359-5269 KEY WEST, FL 33041 Business Type: CONTRACTOR(GENERAL) Employees 20 STATE LICENSE: CGCO21647 Tax Amount Transfer Fee I Sub-Total Penalty Prior Years Collection Cost Total Paid 50.00 0.00 50.00 0.00 0.00 0.00 50.00 Paid 000058 07/29/2021 50.00 THIS BECOMES A TAX RECEIPT Sam C. Steele, CFC,Tax Collector THIS IS ONLY A TAX. WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL COUNTY AND/OR MUNICIPALITY PLANNING, ZONING AND LICENSING REQUIREMENTS. MONROE COUNTY BUSINESS TAX RECEIPT P.O. Box 1129, Key West, FL 33041-1129 EXPIRES SEPTEMBER 30, 2022 Business Name: MARINO CONSTRUCTION GROUP INC RECEIPT# 30140-105410 7025 SHRIMP RD STE 2E Business Location: KEY WEST, FL 33040 Owner Name: MICHAEL J MARINO PRES Mailing Address: Business Phone: 305-359-5269 PO BOX 1706 Business Type: CONTRACTOR(GENERAL) KEY WEST, FL 33041 Employees 20 STATE LICENSE: CGCO21647 Tax Amount Transfer Fee I Sub-Total Penalty Prior Years Collection Cost Total PaSd 50.00 0.00 50.00 0.00 0.00 0.00 0 Paid 000058 07/29/2021 50.00 State of Florida Department of State I certify from the records of this office that MARINO CONSTRUCTION GROUP, INC. is a corporation organized under the laws of the State of Florida, filed on October 27, 1997. The document number of this corporation is P97000092251. I further certify that said corporation has paid all fees due this office through December 31, 2020, that its most recent annual report/uniform business report was filed on January 29, 2020, and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Fifteenth day of April, 2020 J _ Secreta i wit� r ' Tracking Number: 0714899306CU To authenticate this certificate,visit the following site,enter this number,and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOtStatus/C ertificateAuthentication 6/10/2021 Detail by Entity Name ;I IIV1 lIJI`I UI' {: ORIIURA111l 'N,iS 4� fz I „ )g1p.lrPu°Iro fDliraisla n of GoirI r:�Iraaf�lia�I�r;,, / Spa ira Ih IRa,a.oirfh§ / ,earaah Iraq r�f'v g I�f Inns / III , iii 111 IlbyIlf;;;;:intil-ty l ii Florida Profit Corporation MARINO CONSTRUCTION GROUP, INC. Fi ing Information Document Number P97000092251 FEI/EIN Number 65-0823279 Date Filed 10/27/1997 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 05/20/2019 Event Effective Date NONE Principal Address 824 Shavers Lane KEY WEST, FL 33040 Changed: 01/13/2015 Mailing Address PO BOX 1706 KEY WEST, FL 33041 Changed: 11/11/2010 Registered Agent Name&Address MARINO, MICHAEL J 824 Shavers Lane KEY WEST, FL 33040 Address Changed: 01/13/2015 Officer/Director Detail Name&Address Title DPST MARINO, MICHAEL J 824 Shavers Lane KEY WEST, FL 33040 Title SV search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=MARINOCONST... 1/3 6/10/2021 Detail by Entity Name MARINO, ANGELA KAY 824 Shavers Lane KEY WEST, FL 33040 Title CEO Persaud, Matah S PO Box 1706 Key West, FL 33041 Annual Reill Report Year Filed Date 2020 01/29/2020 2021 01/28/2021 2021 03/01/2021 Document Images 03/0 1/2021 AIMUNIQUE)AININUAL RIE POR11 View liinr age iin PIDIF fari,nW ................ 01/28/2021 AININUAIL IREPd DIFIF View liinr age!in IPIDIF fournali 01/29/2020 ANNUAL. 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(lA/0 7/2 0 0 8 Nainne fgcl View iiinn age,!in IPIDIF rournali 02/14/2008 ANNUAL. RIEPOIRIF View innage,!in IPIDIF`oirrnalt 02/15/2007 AININUAIL FUE11POIF1,11 View iiinin arke in 11PIDI1 foirirnW ............... 03/13/2006 AININUAIL RIEPOIRIF Vicaw iiinra arDa !in IPIDIF ronrnali Q 1/29/2005 AININUAIL RU1rOR11 Viiawwiiuninage iin PIDIF birrnalt 03/25/2004 AININUAIL II'IEF'OF1,11 Vie�w iiinnu age iin 11PIDIF foirirnw ............... 0 1/O 6/2003 AININUAIL RIEPOIRIF View iiinrn arDa !in IPIDIF fonrnali 05/07/2002 AININUAIL RUPOR11 View inmge iin PIDIF foiriqiM Ob/01/2001 AININ All.. RIEPOIRIF View iiinrararDma!in IPIDIF fonrnali 0812212000 ANNUAL. RIEPOIRIF View iiii!in IPIDIF fonrnalt C12/19/1999 AININUAI IItIE1POIR11 Viewwiiinrage iin PIDIF fariniW................ 1112,511998- RIE111INSTAPEIVIE111' View inn age!in IPIDIF fournali 10W/1997 Doinnesbc"i-ofilit AiriticIes View iiunn age,!in IPIDIF fonrnalt................ search.sunbiz.org/inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=MARINOCONST... 2/3 Client#: 1930344 MARINCON4 ACORDTM CERTIFICATE OF LIABILITY INSURANCE 08/17/2022 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 Aimee L Burleson NAME: USI Insurance Svcs LLC, CL PHONE 352-390-2745 FAX 352-732-0132 A/C,No,Ext: (A/C,No): 4600 Touchton Rd E-MAIL ADDRESS: Aimee.Burleson@usi.com Building 100, Suite 275 INSURER(S)AFFORDING COVERAGE NAIC# Jacksonville, FL 32246 INSURERA:Continental Insurance Company 35289 INSURED INSURER B:Valley Forge Insurance Company 20508 Marino Construction Group, Inc. INSURER C P.O. Box 1706 Key West, FL 33041 INSURER D: INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY 7033831030 05/01/2022 05/01/2023 EACH OCCURRENCE $1,000,000 CLAIMS-MADE [*OCCUR PREMISESOEa occur°nce $100,000 X PD Ded:1,000 MED EXP(Any one person) $15,000 X PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO- POLICY X JECT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ MBINED A AUTOMOBILE LIABILITY 7033831044 05/01/2022 05/01/202 (CEO, identS INGLE LIMIT 1r 000r 000 acc X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED X PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ A X UMBRELLA LIAB X OCCUR 7033831061 05/01/2022 05/01/2023 EACH OCCURRENCE $5 OOO 000 EXCESS LIAB CLAIMS-MADE AGGREGATE s5,000,000 DED X RETENTION$10000 $ B WORKERS COMPENSATION 7033831058 05/01/2022 05/01/202 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N] N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) 1t1k T" 19 22 „ yw.. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1100 Simonton St. ACCORDANCE WITH THE POLICY PROVISIONS. Key West, FL 33040 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S36990762/M35948402 SKCZP