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10/19/2022 Agreement Monroe County Purchasing Policy and Procedures ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN $50,000.00 Contract with: Tropical Island Builders Contract# Effective Date: upon execution Expiration Date: 00 days after NTP issued Contract Purpose/Description: Metal Stair;replacement at the Marathon Professional Center building(2945-2975 Overseas Hwy, Marathon) Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: 8reanno Erickson X'4427 Project Mgmt / Stop'#1 (Name) (Ext.) (Department/Stop#) CONTRACT COSTS Total Dollar Value of Contract: $ Current Year Portion: $ (must be less than$50,000) 49,999 00 (If uires yearagapp agreement then 49,999 Q0 requires BOCC approval,unless the ¢ftflll ailin illibrtikV�ti IK)11iiinu� a IIa flku it Budgeted? Yes X❑ No ❑ Grant: $49,999.00 County Match: $n1a Fund/Cost Center/Spend Category: 125-06067 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e.g. maintenance,utilities,janitorial,salaries,etc.) Insurance Required: YES 154 NO ❑ CONTRACT REVIEW Changes Date In Needed Reviewer Date In Digitally signed ' erPMPDepartment Head Yes[:]No❑ Jordan Salin er, PMP Date 2022.10.13 21:59:19-04'00', 10/13/22 Digitally signed by Patricia Eables County Attorney Yes❑NO '�(` Patricia Eables Date 2022.10.14 11 29 21-04'00' ogimuvse,11 b,�a�iv�III Risk Management Yes❑ 0 No acy n att DI,0221014124 4f -bs Julie C u n e o Digitally signed by Julie Cuneo Purchasing Yes[:]No ® Date 2022.10.14 17 02 28-04'00' signed nn OMB Yes❑ ❑X No John Quinn Datlea1ly 2022.10.1b7 08 47 6Johnu104'00' Comments: Revised BOCC 8/17/2022 Page 85 of 106 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR SERVICES FOR METAL STAIR REPLACEMENT MARATHON PROFESSIONAL CENTER NON-MANDATORY/Pre-bid Job Walk will take place on Thursday, September 8, 2022 at 10:00a.m. at 2945-2975 Overseas Hwy, Marathon FL, 33050. 71 w ' BOARD OF COUNTY COMMISSIONERS Mayor David Rice, District 4 Mayor Pro Tem Craig Cates, District 1 Michelle Coldiron, District 2 James K. Scholl, District 3 Holly Merrill Raschein, District 5 COUNTY ADMINISTRATOR Roman Gastesi Clerk of the Circuit Court Dir. of Project Management Kevin Madok Cary Knight August 2022 PREPARED BY: Monroe County Project Management Department Monroe County Project Management Scope of Work: Scope of Work includes the demolition of the existing concrete stairs and the installation of a new prefabricated metal staircase. Contractor to review and follow attached drawings by Perez Engineering & Development titled "Stair Replacement 2945-2975 Overseas Highway, Marathon, Florida 33050" dated June 21, 2022. Pages include: T-1, S-1, S-2, and S-3. Contractor shall be responsible for the re-routing of existing utilities as needed in order to properly perform the work. Contractor shall install new concrete foundation and landing pad for the new stairs per attached engineered drawings. Contractor shall provide shop drawings for the stairs and railing. Drawings shall be signed and sealed by a Florida licensed Professional Engineer. Shop drawings shall be submitted to the Engineer of Record and Monroe County Project Management for approval prior to fabrication and installation. Stairs and railing must be approved by the City of Marathon Building Department as part of the permitting process. Stairs and railing shall meet all applicable requirements of the Florida Building Code, 7t" Edition (2020). Job Name: Metal Stair Replacement at Marathon Professional Center Job Location: 2945-2975 Overseas Hwy., Marathon, FL 33050 Contact: Project Management Steve Sanders Sanderrs Steven nrmonir�oecount tll. ov ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, , (305) 295-4338 Facilities Maintenance John Null u Jo.J.h.,ir inr�oniroecount� tll. ov PROJECT OVERVIEW, PROJECT INTENT AND SCOPE, GENERAL REQUIREMENTS 1. Project Overview Page 2 of 30 a. Bidders are to review attached drawings by Perez Engineering & Development titled "Stair Replacement 2945-2975 Overseas Highway, Marathon, Florida 33050" dated June 21, 2022. Pages include: T-1, S-1, S- 2, and S-3. b. A non-mandatory job walk is scheduled for Thursday, September 8, 2022, 10:00a.m. at the location 2945-2975 Overseas Hwy., Marathon, FL 33050 c. All Quotes are due by Thursday, September 22, 2022, at 3:00 p.m. via email to Sanders-steven@monroecounty-fl.gov. All Quotes must state they will be honored for one hundred twenty (120) calendar days from submittal due date. d. Contractor is responsible for finalizing permit approval and paying permit fees. City of Marathon building permit #P-22-771. 2. Project Intent and Scope a. The intent of the Drawings is to describe the materials and methods of construction required for the performance of the work. In general, it is intended that the drawings shall delineate the detailed extent of the work. Drawings and Contract documents are complimentary, and what is required by one shall be as binding as if required by all. b. Contractor shall supply all of the needed materials and hardware to complete the project as noted in the Project Overview above and properly dispose of debris. 3. Summary of General Requirements a. Contractor is required to provide protection for all existing surfaces. To include, but not limited to: i. Building Equipment, A/C lines ii. Electrical boxes, water lines, and sewer lines. iii. Vehicles and Personal Property iv. Landscaping b. The Contractor shall ensure that all non-exempt employees for this effort are compensated in accordance with all State and Local Laws. c. The Contractor shall provide a dumpster, containment bin, or similar device for the collection and containment of construction generated debris. Page 3 of 30 d. The Contractor shall load, haul, and properly dispose of all construction debris. e. The Contractor shall provide and maintain appropriate (OSHA required) construction warning signs and barriers. f. The Contractor shall furnish all required work site safety equipment. g. The Contractor shall furnish and maintain on-site safety data sheets ("SIDS") for all materials used in the construction. h. Construction work times shall be limited to: 8:00 A.M. to 5:00 P.M. Monday- Friday. i. All materials shall be approved by submittal prior to commencement of work. j. The Contractor shall provide a lump sum price by Thursday, September 22, 2022, at 3:00 P.M. via email as noted herein. k. The Contractor needs to be aware of weather and location and plan accordingly. I. The Contractor needs to be aware of the facility, its residents, and staff with unusual schedules and plan accordingly. m. The Contractor shall provide a safety lift plan for all crane/hoist work. n. The Contractor shall provide a schedule for all phases of the project. o. The Contractor shall provide paper or electronic copies of all original device specifications, warranties, maintenance schedules, shop drawings, permits, repair and maintenance contacts, and any other information necessary for the proper functioning and maintenance of the equipment. p. The Contractor shall coordinate all activities with concurrent site work being performed. q. By signing this agreement, the Undersigned has read and accepts the terms and conditions set forth by the Monroe County General Requirements for Construction, found at the following link on the Monroe County web page: I�tt ://f1l inrioniroecouit .dyiic Ilus.coirn/Il::3iids.as CaffIIIC:� 8 ..............................................................................................................................y......................................p......................................................................................................................I ......................................................................................... r. Insurance Requirements: Page 4 of 30 Workers' Compensation Statutory Limits Employers' Liability $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease each employee General Liability $500,000 Combined Single Limit Business Vehicle $200,000 per Person $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Builders Risk Not-required Construction Bond Not-required The Monroe County Board of County Commissioners shall be named as Additional Insured on General Liability and Vehicle polices. s. The Contractor shall be required to secure and pay for all permits required to perform the work. t. The Contractor is required to have all current licenses necessary to perform the work. u. INDEMNIFICATION, HOLD HARMLESS AND DEFENSE. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the 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, Page 5 of 30 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. 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. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the (County) Agency's sovereign immunity. v. NON-COLLUSION. By signing this proposal, the undersigned swears, according to law on his/her oath, and under penalty of perjury, that their firm executes this proposal with prices 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 bidder or with any competitor. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor. 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. The statements contained in this paragraph are true and correct, and made with the full knowledge that Monroe County relies upon the truth of the statements contained in this paragraph in awarding contracts for this project. Page 6 of 30 w. EMPLOYMENT OR RETENTION OF FORMER COUNTY OFFICERS OR EMPLOYEES. By signing this proposal, the undersigned warrants that he/she/it has not employed, retained or otherwise had act on his/her/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 Agreement without liability and may also, in its discretion, deduct from the Agreement 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. x. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. y. DRUG-FREE WORKPLACE. By signing this proposal, the undersigned certifies that the Contractor complies fully with, and in accordance with the requirements of Section 287.087, Florida Statutes, as follows: i. They will publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specify the actions that will be taken against employees for violations of such prohibition. ii. Inform 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. iii. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (i). iv. In the statement specified in subsection (i), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, 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. Page 7 of 30 V. Impose 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, for any employee who is so convicted. vi. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. ADDITIONAL CONTRACT PROVISIONS I. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY. CONTRACTOR and COUNTY 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. CONTRACTOR or COUNTY agrees 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 prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 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 s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 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, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 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 s. 12101 Note), as may be amended from time to time, relating to nondiscrimination 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; 11)Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity(30 Fed. Reg. 12319, 129357 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Page 8 of 30 Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as follows: 1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation, and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. Page 9 of 30 6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. II. TERMINATION. a. 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) days' written notification to the CONTRACTOR. b. 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. c. 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 Page 10 of 30 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 five (5) calendar days' 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 Article IX, Section 2-721 et al. of the Monroe County Code. d. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon seven (7) days' 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. 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 Article IX, Section 2-721 et al. of the Monroe County Code. e. Scrutinized Companies: 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. Page 11 of 30 III. MAINTENANCE OF RECORDS. CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven (7) years from the termination of this agreement or for a period of five (5) years from the submission of the final expenditure report as per 2 CFR §200.333, whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records and audit 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 Section 55.03 of the Florida Statutes, running from the date the monies were paid by the COUNTY. IV. PUBLIC ACCESS. The CONTRACTOR and COUNTY shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONTRACTOR and COUNTY in connection with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. CONTRACTOR shall be referred to herein also as "Contractor" for this provision only: 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: Page 12 of 30 (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292- Page 13 of 30 3470 BRADLEY-BRIAN(aD-MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12T" Street, SUITE 408, KEY WEST, FL 33040. V. 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. 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. VI. PAYMENT OF FEES/INVOICES 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 Page 14 of 30 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. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when the Contract has been fully performed by the Contractor and the work has been accepted by the Owner. VII. 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. Vill. NOTICE REQUIREMENT 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: Tropical Island Builders, LLC Doug Sposito, Owner 85 Industrial Road#1 Big Pine Key, FL 33043 For Owner: Director of Project Management Assistant County Administrator, PW& E 1100 Simonton St., Room 2-216 1100 Simonton St. Key West, Florida 33040 Key West, Florida 33040 Monroe County Attorney's Office 1111 12t" Street, Suite 408 Key West, Florida 33040 Page 15 of 30 IX. 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 storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project; (each, a "Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within seven (7) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek additional time at no cost to the County as the Owner's Representative may determine. The Contractor may only seek a no cost Change Order for such reasonable time as the Owner's Representative may determine. X. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of Article II concerning termination or cancellation. Page 16 of 30 PROPOSALFORM PROPOSALTO: Monroe County Project Management 1100 Simonton St., Room 2-216 Key West, F'L 33040 PROPOSALFROM: I M iou Avet The Undersigned, having carefUlly examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Document s -for the construction of-, METAL STAIR REPLACEMENT MARATHON PROFESSIONAL CENTER and having carefully examined the site where the Work is to be performed, having becorne farniliar with all Iocal conditions inClUding labor affecting the cost therpof, and having familiarized himself/herseff with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting perf6rinance of the Work, does hereby propose to furnish all labor, mechanics, superintendents, tools, material, eclOpment, transportation services, and alli incidentals necessary to perform and cornplete said Work and work incidental hereto, in a workman-Hke manner, in conformance with said Drawings, Specifications, and other Contract Documents inc�uding Addenda issued thereto, The undersigned fUrther certifies that helshe has personaHy inspected the actual In Lion of where the Work is to be perforrned, together wHh the Inn sources of supply and that he/she understands the conditlons under which the Work is to be performed. The proposer shall asscur the risk of any and 0 costs and delays arising from -the existence of any SUbsurface or other latent physical condition which could be reasonably anticipated by reference to docurnentary information provided and rnade available, and from inspection and examination of the site. The undersigned agrees to commence performance of this Prole within ten, (10) c2lendar days after the date of issuance to the undersigned by Owner of the Purchase Order, Once commenced, undersigned shall dHigently continue performance until cornpletion of the Project. The undersigned shall accomplish Substantial Cornpietion of the Project within Sixty (60) calendar days. The undersigned shali accomplish Final Coirnpletion of the Project within Thirty (30) calendar days thereafter, of 30 ............... ............. The Base Proposal shall befurnished belowin words and numbers. Ifthere is an inconsistency between the two, -the Proposal in words shall control. (Total asp: Proposal- words) . almlr m00 Doli r (Total Base Proposal numbers) I acknoWedge Afternatesfollows, I/ I acknoWedge receipt of Addenda nd ,1 .( ). Dated 18 of 30 !n add6on, Proposer states thal �'ielshe Bias inclluded a ceirtified copy & Cor tracto;'s Jceir�se, M.)irw)e Ccurity Busiiirnless � ax, Receipt,, anrl Gerfifil(I'latle cif Liability § g the rninirrilUrri iii1surance, mcluirernierits fcir, fi'III s Execution by the ("O'ontractoir imust be �Iby is plerswoiri w1th aiuthlorftylx�) bfiriid the lentity. IN Wl"r"lMESS INFMREt10F:ll thle par tiles h,cave caiusedtftis k reernielrft to lbe exec.utled t,)ly ffileir dLIl:iy, atAthlrwized Ilrepreserilati,Nms, asfc)llows, colintractor, mAllingAddra,sws, Phoine NlLflrnbler� 0" 10 6-0 rd dr ................. E] N�� .............. Eriiafl- Date igneld, .................. ........ N a—r P ) (1-itle) Contractwjs Witness sign at re. Witnessnme*� iai Dat ::e The County accepts the above proposal, 5ignat IMONROE COUNTY, FLORIDA e'— c Dater, 10/19/2022 ..Y .,Ourlf OW1 y j rMinistrator or designee MONROE COUNTY ATTORNEY'S OFFICE PAO 4rD PATRICIA EABLES ASSISTANT C'J'U � Tr RNEY TT DATE: ............. Pagr. 19 Of 30 ............ VENDOR CERTIFICATION19 N I wLISTS Project Description(s) w , —WW Respondent Vendor Name:_ VerndorK �.. . ....__ Vendor's Authorized Representative Name and Ti le: � Address: City: State:_ zip. Phorne ornn r° Ba al address: Section 287.135, Rodda 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 Secton`15. 5, Florida Statutes, or is engaged in a boycott of Israel. s the person anathoh ed to sign on behalf of Respondent, 1 hereby certify that the coraapany identified above in the Section entitled "Respondent Vendor Marne"is riot listed on the Scrutinized OMpanies that boycott Israel List. I understand that pursuant to Section 7.135, Florida Statutes, the sr.nbr niss"corn of a false certification rrnay subject company to civil penalties, attorrney's fees, and/or costs. 1 further understand that any contract with the "rry" 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 crrnt!Mzed Companies that boycott Israel Llst or engaged in a boycott of Israel. Cerdfied by: St who is arwthoh ed to prn on behalf of the abov eferernced company. Authorized Signature: Print rirnt iarrae: Title: AUA Rote: The List are available at the following Department of Management Services Site: u two fy rywctrt� nfuy pftuiVt im,,.orTVbtrw�4iess_tr trra.ntiorelr����:t tnwurchash"If rDntn�n .mirntbtunoanorn� ptLyrnpt t rl . n rlln r�ir ft ran r rt itptn trfry w cflrttt ti fonts re,rLatftiuw. Iiksts NON-COLLUSION AFFIDAVIT 1, _— f the city of 1 acc ordirn t 1 any oath and under penalty f p rjUr r, depose and say that: l. lam S V f the firm of � c � t the proposer making the r po l for the project described in the notice for calling for proposals for: l _ n�nd that 1 executed the said propraS l With Ball �uthrnrity t d star . The prices in this proposal have been rri .d at independently WlthWt c llusn orn, consultation, ccrrnnTlu nic do n or r rr°n rnt for the purpose f restricting competition, as to any matter relating to such prices with army other proposer or with any compefitor, and Unless th i' e required by law, the prices which have been quoited in this proposal have not been knowingly disclosed by the proposer and will riot knowingly be disclosed by the proposer prior to proposal opening, Or c.wtly r indirectly, tc any other proposer or, to any c rnpetitcr, and 4. No attempt has been made r will be made by the proposer to induce any ether person, partnership or corporation to submit, or riot to submit, s propos° l for, the purpose f restrlcting c rornnpstit.io n; an . The sta rrn ruts co nt irnsd in this affidavit are true and c r ct an d' made with full n�n� wl d f said pr J ct. rn (Si tUre of r pro �;r) - - ( ) STATE F: 1 COUNTY OR_ Subscribed and sworn to (or, affirmed) before erne, by rrn n nrns of t "physic l _. presence r El online notarization, on �, ' .W (date) by ._,,,,,, rn,,,,,.� rrn f afflan t . He/She is p rs rn it k n to rn"ne or has produced (type of identification) as identification, i�O_TA R r "UB L I n + (SEAL) l° y commission expires: � , '� .... ;,,roe,,,,, BRENDAr BOSKI D vP��fns Notary Public-State of Florida Commission# HH 245912 any Cornmisslon Expires +eem+ April 10, 2026 u Ofx 30 LOBBYING AND CONFLIcr OF KrEREST CLAUSE SWORN STATEMENTUNDER ORDINANCE N5710-1-0�4990 MONROE COUNTY, FLORIDA ETHICS CLAUSE (Company) warrants that he/it has not ernpioyed, retained or otherwise had act on his/its behalf any former COUnty officer or employee in violation of Section 2 of Ordinance No. 010­1990 or any County officer or eMpioyee iri violation of Section 3 of OrdinanceNo, 010-1990. For breach car violation of this pro ision the County may, in its discretion, terminate this contract without liability and may iso, in its discretlon, deduct from the contract or purchase price, or otherwise recover, the full arnOLlnt of any fee, Commission, parsers ge, g ft, or con yid erafion paid to the former County officer or err#oyee". �c jer., (&gnature) Date: e—STATE OF: r COUNTY OF: Subscribed nd sworn to (o�r affirmed) be-fore rne, by means of rQ physical presence or 0 online notarization, on by - -e/She is narne of afflant). I l Tknbwn to rne or has produced (type of identification) as identification, 4" J NOTARY PUEZ— (SEAL) My comrn ion expires,-_� ,�/\ ' g;f,, BRENDA BOSKIND A Nory te Public-State of Florida Commission #HH 245912 My Co n' Expirest.I, April 10, 2026 ?a, ........... .................. .......... ................ ..........­"'­...... - -- ----- DRUG-FREE WORKPI-ACE FORM The undersigned vendor in accordance with Ronda StatUte 287,087 hereby certifies,that: Jj) (Narlie of Business) 1. Publishes a statement notifying employees that the unlawfW manufacture, distribUbon, dispenshig, possession,or use of a controlled SUbstance is prohibited in the workplace and specifying the actionsthatwill be taken against employees for Ndolatlions 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, rehWitation, arld 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 empioyee 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 hw of the United States or any state, for a violation occurnng in the workplace no later than five (5) days after such conviction, 5, linposes a sanction on, or require the satisfactory participation in a drUg abuse assistance or rehabilitation program if such is available in the efflpioyee's COMMLMity,or any employee who is so convicted, 6, Makes a good faith effort to continue to maintain a d ug-free workplace through implementation of this section. As the person authorized to sign the staternent, 1! certify that thisfirryd ornpHes fu4ly with the above reclOrements, a ug"'"e wor'orn,Aes fully Pr po-er`,'S gnature D STATE OF: COUNTY OF,- ur-ey-( Subscribed and sworn to (or affirmed) before me, by means of V_�r)iysical presence or 0 online P notarization, on date) by.___L10 (name of affiant). He/She is persona 11 emown to me or has produced (type of identification) as identification. NOTARY PUBLIC (SEAL.) My commission expires: , 2,AU` BRENDA 1BOSKIND ry I st I Florida. d. Notary Public-Stag 01 Florida 12 comrnissi�on# HH 245912 C M 'p'r. '.ion Expires Y co Mm �K� MY commiss grit! 1 1 6 6 0 April 10, 202 Paae 23 of 30 .......... .......... ....... .................. ............. PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on tie convicted vendor list foil owing 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 subrnit a bid on a contract with a public entity for the construction or repair of a puNic bu0ding or pubHc 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 rnoinths -from the date of being placed on the convicted vendor list." I hav4 eadd the above and state that neither _ * I j - (Proposer's nar"ne) nor any affiliate has as n placed on the convicted vendor iist within the last thirty.six (36) months. s n placed C (SiTagnaLlre) Date-, STATE OR r) (-ka, COU114TY OF: "Ll T &Ibscribed and sworn to (or affirmed) before rne, by means of E physicai presence or Eli online notaftation, on m. (date) by (name of affi ant). He/She is Hy. own to rrie or has, prodUced (type of identification) as identification. NOTARY PUBLJC (SEAL) My corrirniss�on expires, BRENDA BOSKIND gs� Notary Pubiic-State of Florida!, Commission# HH 245912 My Commission Expires April 10, 2026 L—Of,,i=3'2. INSURANCE REQUIREMENTS AND FORMS MONROE COUN'TY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES General Insurance Requirements For Other Contractors, Subcontractors and Professional Services As a pre-requisite of the or and services governed, or the goods suppii d under thls contract (indUding the pre--staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made pail of this contract,. The Contractor will enSUre that the insurance obtained will extend protectionto afi Subcontractors engaged by the Contractor. Alternativey, the Contractor may reqUire aH Subcontractors to obtain insurance consistent with the attached schedUles. The Contractor will riot be permitted to coamerce work govemed by this contract (lnduding pre-staging of persormel and materiai) unfit satisfactory evidence f the required insurance has been furnished to the County as specified below. De�ays in the commencement of work, resufting frorn the fallUre of the Contractor -to provide satisfactory evidence of the reqUired insurance, shall riot extend deadlines specified in this contract and any penalties and faHure toes perform assessments shall be imposed as if the work commenced on the ,specified date and time, excepit for, the Contractor's failure to provide satisfactory evidence, The Contractor shall maintain the required inSLArance throughWt the entire term of this contract and any extenslons specified in the attached scheduies. Failure to comply with this provision may resuit in the inimediate suspension of all work until the required insurance has been reinstated or replaced, Delays in the completion of work resulting from the faliure of the Contractor to maintain the required insurance shall riot extend deadHnes 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'sfi3ilUre to maintain tf",ie required insurance. The Contractor wH be field respons�ble for aH de6 ictibles and self-insured retentions that may be contained in the Contractor's Insurance poficies, The Contractor shall provide, to the County, as satiafactory evidence of the required insurance, either: * Certificate of Insurance or * A Certified copy of the actua� insurance policy. The County, at its sole option, has the riglit.to request a certified copy of any or all irISUrance poFcies required by this contract. Pa�ze 25 of 30 ............. . . ....................... All insurance poHcies must specify that they are not subject to can filiation, non- renewal, materiai change, or redUction in coverage unless a rninirnUITI of thirty (30) days prior notification is given to the County by the insurer, The acceptance and/or approval of the Contractor's insurance snail not be constrUed as relieAng the Contractor from any liability or obligafion assumed Under this contract or imposed by law. The Monroe County Board of County Commissioners, its empioyees and officials wifl be inClUded as "Additional insured" on 0 poiicies, except for Wbrkers' Compensation, Any deviations from these General Insurance Requirements must be requested in wdfing on the County prepared fbrm entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Managernent Department, e 26 of 30 ...........—................... ..................... .......................................... ......... PROPOSER'S INSURANCE AND INDEMNIFICAT ON STATEMENT INSURANCE REQUIREMENTS Workers' Compensation StatUtory Limits Employers' Liability $100,000 Accident $500,000 Disease, poHcy limits $100,000 Disease each employee General Liability $500,000 Combined Mingle i_Jmit Vehicle $200,000 per Person (Owned, non- ned, and hired vehicles) $300,000 per Occurrence $200,000 Property Darnage or $300,000 Combined Single Limit BuHders Risk Not Required Conistrucfion Bond Not Req&ed The Monrce County Board of County Commissioners shall be named as Additionai Insured on General Liability and Vehicle policies, INDEMNIFICATION, HOLD HARMLESS and DEFENSE, Notwithstanding any minimurn 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 harm es s frorn and against (l) any claims, actions or caUses of action, (ii) any litigation,, administrative proceedings, appeliate proceedings, or other proceedings relabng to any type o,f injury (indUding death), ioss, damage, fine, penalty or business interruption, and (Hi) 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 ernpioyees, agents, contractors or other invitees during the terrn o'f this Agreement, (B) the negligence or r, cklessness, intentionai wrongful misconduct, errors or other wrongful act or ornission of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's defauft in respect of any of the obligations that it undertakes under the terrns of this Agreement, except to the extent the claims, actions, causes of action, Rigation, proceedings, costs or expenses arise from the intentionai or,sole negligent acts or ornissions of the County or any of its employees, agents, contractors or invitees (other than Contractor). 'The monetary Hmitation of flabifity under this contract shall be not less than $1 miHion per OCCLArrence PUrsuant to Section, 725.06, Florida Statutes. insofar as the clairns, actions, causes of action, Hfigation, proceedings, Pa e,,11 ref; ........... ...............­­, .. ............................. costs or expenses relate to event or ci rcumstances 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 ill&irance, the Contractor shafl indemnify the COUrIty frorn any and all increased expenses resulting from such delay. Should any clainis 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 hid the COUnty harmless and shall indemnify It frorn ail iosses occurring thereby and shalf fuilher defend any claim or action on the County's behalf. -'rhe first ten dollars ($10,00) of remuneration paid to the Contractor is for the indemnification provided for the above, The extent of liability is i:n no way limited to, reduced, or iessened by tile insurance requirements contained elsewhere within this Agreernent. PROPOSER'S STATEMENT understand the inSUrance that will be rnandatory if awarded the contract and will comply in full with all of the requirements herein. I fuily accept the indemnffication and hold harmless and duty to defend as set out in thi proposal, S PROPO WfiL S�gr-ia-ture---l--.---.--.----- e 28 of 3,0 .................... ..................... ................................................................. . ............ INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the proposer named above, The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Geaj[aLUabiHty.—.—_ -----$l OQO Auto $500 Liability polo arer X Occurrence ---Clairns Made Absolute Business. rvices,_.lnc. zed'.Z Insurance Agency Signature lNSURANC-,E REQUIREMENT S AND FORMS 00 130- Page 43 of 310 ............... .............-.................... ............. 2022 / 2023 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2023 RECETPI"# 30140-122994 Buswness Narne TROPICAL ISLAND BUILDERS LLC Owner Narne: DOUGLAS SPOSITO BUs�ness Location; MO CTY Maihng Address: MARATHON, FL 33050 445 ALMOND LN Business Phone'; 305-906-0808 BIG PINE KEY, FL 33043 Business Type: CONTRACTOR (CERTIFIED BUILDINC/ROOFING/POOL t3s SPA) Employees 1 COMP CARD! DBPR CPC1459588 (POOL/SPA) STATE LICENSE: CBC1262362/CCCI.331674 Tax Amount Transfer F-ee Sub-Totil Penalty Prior Years Cd ecbon Cost Total Pa 2100 0.00 20.00 0.00 0�00 0.00 Paid 0010-21 -00047765 09/2 2/ 022 2 0 00 I"HIS BECOMES A TAX RECEIPT Sam C. Steele, CFC, Tax CoII or ITlIS IS ONLY A TAX. WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEE"I"" ALL COUNTY AND/OR MUNICIPAL11"'Y PLANNING, ZONING AND LICENSING REQUIREMENTS. MONROE COUNTY BLISINESSTAX RECEIPT P.O. Box 1.1,29, Key West, FL 33041--1129 EXPIRES SEPTEMBER 30, 2023 Bus° mass Narne: TROPICAL ISLAND BUILDERS LLC RECEIP'f# 30140-122994 MO CTY Owner Nan'�e� DOUGLAS SPOSITO Business Location: MARATHON, FL 330.50 Mailing Address: Business Phone: 305-906-0808 445 ALMOND LN Business Type;; CONTRACTOR (CERTIFIED BIG PINE KEY, FL 330,43 BUILDING/ROOFING/POOL.&SPA) Ernployees I COMP CARD: DB,PR CPC14-59588 STATE LICENSE: CBC-'1262362/CCC1331674 Tax AmOUnt er iTransf Fee Sub-Tatal 7p—erialty P�,iorYcars C'dlect on Cos Total Raid Transfer f"r 20.00 -7: 0.00 20 00 100 0 00 0,00 20.0�O Paid 000-21 -00047765 09/2 2/202 2 2 0 00 i 0 fp if a - inn CD z C1F rc r rmin �-rm 21, I ; o� ,r rrii / n 04 u, / r T i a zy ... iq All r p vry p r '^' no bw o OVA CO s�V r C w� & ° Of Cd m� f " rm rr, n w CD CL mom C70 "ER, Oj ................................ AC" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) ..�✓ " 05/18/2022 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 be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONIA NAME: Certificate Department PHONE FA Absolute Business Services Inc (A/C,No,Ext): 941-365-8123 (AIc,No): 888-453-0827 5200 Station Way ADDRESS: insurance@absoluteinsuranceservice.com INSURER(S)AFFORDING COVERAGE NAIC# Sarasota FL 34233 INSURERA: The Burlington Insurance Company INSURED INSURER B: AmGUARD Insurance Company 42390 Tropical Island Builders LLC INSURERC: 85Industrial Rd Unit 1 INSURER D: INSURER E: Big Pine Key FL 33043 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE � OCCUR PREMISE A'VIAUES(Ea occurrence) $ 100,000 MED EXP(Any one person) $ 5,000 A Y 864BOO9274 10/29/2021 10/29/2022 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY❑ PRO ❑ LOC PRODUCTS-COMP/OP AGG $ 2,000,000 JECT OTHER: $ AUTOMOBILE LIABILITY (Ea accident) $ 300,000 ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED B BODILY INJURY(Per accident) $ AUTOS X AUTOS Y TRAU251569 03/17/2022 03/17/2023 NON-OWNED $ X HIRED AUTOS AUTOS (Per accident) UMBRELLA LAB OCCUR i EACH OCCURRENCE $ EXCESS LIAB 0+0.Ai CLAIMS-MADE '� AGGREGATE $ DED RETENTION$ ",. ^�^^^�^"^^" $ WORKERS COMPENSATION """7,15 . 1 PER - AND EMPLOYERS'LIABILITY YIN 2022 STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ NIA (Mandatory Manda o ���,p�L "" `" E.L.EACH ACCIDENT $ OFFICER/MMBER ryin NH)EXCLUDED? �r�Ai ry E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West 33040 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD AC CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/WW) 06/07/2022 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Staci Merchant HOE Merchant Insurance Solutions A/CN No,Ext: (239)273-2931 FAX'NI): (866)406-4983 9220 Bonita Beach Road Suite 200-15 E-MAIL-ADDRESS: nealm@merchantinsurancesolutions.com merchantinsurancesolutions.com INSURER(S)AFFORDING COVERAGE NAIC# Bonita Springs FL 34135 INSURERA: AMERICAN INTERSTATE INS CO 31895 INSURED INSURER B TROPICAL ISLAND BUILDERS LLC INSURER C: 85 Industrial Rd Unit 1 INSURER D 7 INSURER E: Big Pine Key FL 33043 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YWY MM/DD/YWY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAM CLAIMS-MADE1:1 OCCUR PREM SESOEa oNcurrDence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: 'fµ 'T $ AUTOMOBILE LIABILITY COMBINED COMBINED SINGLE LIMIT $ k Ea accident ANY AUTO ,` m, ,q "�^'�'"'"""°" BODILY INJURY(Per person) $ OWNED SCHEDULED w AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED DATE- a 2 PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X/ PER OTH- AND EMPLOYERS'LIABILITY /�Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBER EXCLUDED? I Y I N/A AVWCFL3094222022 06/10/2022 06/10/2023 (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) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton ST AUTHORIZED REPRESENTATIVE -a Key West FL 33043 .., >,... ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AC"" CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DD/YYYY) 11/07/2022 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 be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Certificate Department FA Absolute Business Services Inc (A/C,No,Ext): 941-365-8123 (A/c,No): 888-453-0827 5200 Station Way ADDRESS: insurance@absoluteinsuranceservice.com INSURER(S)AFFORDING COVERAGE NAIC# Sarasota FL 34233 INSURERA: The Burlington Insurance Company INSURED INSURERB: AmGUARD Insurance Company 42390 Tropical Island Builders LLC INSURERC: 85Industrial Rd Unit 1 INSURER D: INSURER E: Big Pine Key FL 33043 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 LTR INSD WVD POLICY NUMBER (MMIDD/YYYY) (MMIDD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE � OCCUR PREMISES(Ea occurrence) $ 100,000 MED EXP(Any one person) $ 5,000 A Y 864BO1 1844 10/29/2022 10/29/2023 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY❑ PRO ❑ LOC PRODUCTS-COMP/OP AGG $ 2,000,000 JECT OTHER: $ AUTOMOBILE LIABILITY (Ea accident) $ 300,000 ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED B BODILY INJURY(Per accident) $ AUTOS x AUTOS Y TRAU251569 03/17/2022 03/17/2023 NON-OWNED $ x HIRED AUTOS AUTOS (Per accident) UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE jlk AGGREGATE $ DED RETENTION$ "� �� $ WORKERS COMPENSATION PER 'I STATUTE ER AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E L ACCIDENT $ (Mandatory OFFICER/MEMBER NH)EXCLUDED? ,„, 7—; Ir & E. -EA EMPLOYEE $ If(Mandatory in NH) -I �yes,describe under DESCRIPTION OF OPERATIONS below WAMM KC�p ' _ E.L.DISEASE-POLICY LIMIT $ D Only DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Building contractor CBC1262362 Roofing contractor CCC1331674 Pool Contractor CPC1459588 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD