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Item Q15
Q.15 Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS �� Mayor David Rice,District 4 The Florida Keys � Mayor Pro Tem Craig Cates,District I y Michelle Coldiron,District 2 James K.Scholl,District 3 Ij Holly Merrill Raschein,District 5 County Commission Meeting November 15, 2022 Agenda Item Number: Q.15 Agenda Item Summary #11357 BULK ITEM: Yes DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305)453-8774 N/A AGENDA ITEM WORDING: Approval to enter into a not to exceed $449,660.44 change order 41 to the contract with Adventure Environmental Inc. for additional fill materials for the Canal 28 backfill restoration in Key Largo, funded by Stewardship Grant LPA0241; retroactive to October 31, 2022. ITEM BACKGROUND: This item is for approval to enter into a not to exceed +$449,660.44 change order 41 for additional material for the contract with Adventure Environmental, Inc. for the restoration of canal 28 in Key Largo between Pigeon Drive and Sexton Cove Drive, using the backfill restoration technique. Additional fill is required for placement in the canal to bring it to the optimum depth for maximum flushing, and is required due to unforeseen underwater conditions in the canal. This work is funded by Stewardship grant LPA0241. PREVIOUS RELEVANT BOCC ACTION: 10/20/21: Approval of revenue grant agreement 4LPA0241 with the Florida Department of Environmental Protection to approve the expenditure of$3,412,919 in Keys Stewardship funds towards Monroe County's canal restoration program for canals 28 in Key Largo and 90 in Tavernier; providing for an effective date. 10/20/21: Approval to enter into a $68,124.50 Task Order 411 for design,permitting and procurement services for Canal 28 backfill restoration in Rock Harbor, Key Largo, under the on-call contract with Wood Environment and Infrastructure Solutions, Inc. for Category B canal infrastructure engineering services; funded by DEP 2021 Stewardship Grant LPA0241. 02/16/22: Approval to advertise a Request for Proposals (RFP) for Canal 28 backfill restoration in Key Largo estimated at$2.1 Million, funded by Stewardship Grant LPA0241. Packet Pg.4043 Q.15 06/15/22: Approval to enter into a$2,203,456 contract with Adventure Environmental Inc., the top ranked vendor for the Canal 28 backfill restoration in Key Largo; funded by Stewardship Grant LPA0241. CONTRACT/AGREEMENT CHANGES: Additional funding for additional fill material. STAFF RECOMMENDATION: Approval. DOCUMENTATION: AEI Change Order 41 - Canal 28 for BOCC COrs combined from AEI for Canal 25 and 28 - approved 06_15_2022 Agreement Adventure Environmental Canal 28 FINANCIAL IMPACT: Effective Date: Upon execution Expiration Date: Contract termination Dollar Value of original Contract: $2,203,456.00 Dollar Value of Change Order #1: $ 449,660.44 Total Cost to County: $0 Budgeted: Grant funded Source of Funds: Stewardship Grant LPA0241 CPI: No Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: N/A Grant: No County Match: N/A Insurance Required: Yes. Additional Details: 11/15/22 001-06000 - GRANTS $449,640.44 REVIEWED BY: Rhonda Haag Completed 10/31/2022 6:03 PM Cynthia Hall Completed 11/01/2022 7:48 AM Purchasing Completed 11/01/2022 9:11 AM Budget and Finance Completed 11/01/2022 9:26 AM Brian Bradley Completed 11/01/2022 9:46 AM Lindsey Ballard Completed 11/01/2022 10:24 AM Board of County Commissioners Pending 11/15/2022 9:00 AM Packet Pg.4044 Q.15.a MONROE COUNTY CONTRACT CHANGE ORDER PROJECT TITLE: Monroe County Canal Restoration CHANGE ORDER NO: 1 Water Quality Improvement Project Canal#28 Key Largo INITIATION DATE: August 1, 2022 TO CONTRACTOR: CONTRACT DATE: June 15, 2022 Adventure Environmental, Inc The Contract is changed as follows: 2,203,456.00 The original (Contract Sum) (Guaranteed Maximum Price)............................................$ U Net change by previously authorized Change Orders...................................................$ 0 The (Contract Sum) (Guaranteed Maximum Price) prior to this Change order was.............$ 2,203,456.00 -119 The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (decreased) CIO(unchanged) by this Change Order.......$ 449,660.44 00 c0 The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order 's......$ 2,653,116.44 U The Contract Time will be (increased) (decreased) (unchanged by.................................. U The date of Substantial Completion as of the date of this CharToe Order is......................... 03/29/2023 U Detailed description of change order and justification: 00 Additional fill material needed to bring the canal to proposed elevation to achieve proper CIO flushing. The amount of this change order is "not to exceed", to be verified by back up U 'documentation provided by the Contractor and verified by the Engineer and County. CIO Not valid until signed by Owner, Architect (if applicable), and Contractor U Digitally signed by Gregory W.Corning ENGINEER: GROUP PLC, Gregory W. Corning —Gregory.Cornng email Or g.coroi g@w odpccom Date DigitG re g 0 ry T O l p i rl Datea12022.11 Oly signed by15:37 53 04 Oory IO' a CONTRACTOR: CIO Date SUSTAINABILITY PROGRAM MANAGER: Date COUNTY/DEPUTY ADMINISTRATOR Date 045 Q.15.a Change Order Attachment per Ordinance No. 004-1999 • Change Order was not included in the original contract specifications. Yes ❑ No 0 If Yes, explanation: • Change Order was included in the original specifications. Yes ❑ No 0 If Yes, explanation of increase in price: U c� • Change Order exceeds $25,000 or 5% of contract price (whichever is greater). Yes 0 No ❑ 00 `M N If Yes, explanation as to why it is not subject for a calling for bids: U U U This is a continuation of current project under construction 0 00 • Project engineer approves the change order. Yes 0 No ❑ N 76 If no, explanation of why: • Change Order is correcting an error or omission in design document. Yes ❑No 0 Should a claim under the applicable professional liability policy be made? Yes ❑ No ■❑ U Explain: c� 4046 ADVEN-1 Q.15.b ACORO DAT CERTIFICATE OF LIABILITY INSURANCE E( 01/07/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE1 BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 504-486-5411 CONTACT Accessible Marine Insurance Accessible Marine Insurance PHONE FAX 1145 Robert E Lee Blvd (A/C,No,Ext):504-486-5411 (A/C,No):504-482-1475 New Orleans,LA 70124 E-MAIL gail@ami-ins.com Eric S.Green ADDRESS: INSURERS AFFORDING COVERAGE NAIC# wsURERA:Capitol Specialty Ins. Company INSURED INSURERB:GreatAmerican Ins.Company 22136 Adventure Environmental Inc. (D Greg Tolpin INSURERC:StarNet Insurance Company 40045 160 Georgia Avenue Tavernier,FL 33070 INSURER D (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 PERIO[ INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: 22 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE DDL UBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DD/YYYY MM/DD/YYYY 00 A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,1 04 CLAIMS-MADE X OCCUR EV20190209-04 01/09/2022 01/09/2023 DAMAGE TO RENTED 50,1 X PREMISES Ea occurrence $ APPROVED BY RISK MANAGEMENT MED EXP(Any oneperson) $ 5,1 qy BYE,,, -r.: �r x ..,.»•.....,.. "",.�,C�" PERSONAL&ADV INJURY $ 2,000,1 CL X N AGGREGATE LIMIT JECT APPLES OC. DATE WAVER Nr 6129i2622 2,000,1 GENERAL AGGREGATE $ PRO- PRODUCTS $ 2,000,1 _YES_ OTHER: $ 00 04 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ 04 HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER E ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ O OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C M.E.L. BOUM-A-21-2110 08/15/2021 08/15/2022 M.E.L. 1,000,1 B Hull/P&I Liability OMH841008-10 10/12/2021 10/12/2022 P&1 Limit 1,000,1 % O 0 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County and Florida Department of Environmental Protection,3900 70 Commonwealth Blvd.Tallahassee, FL 32399 shown as additional insured as respects liabilities hereunder. (D E 0 CERTIFICATE HOLDER CANCELLATION MONRO05 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. Insurance Compliance P. O. Box 100085-FX AUTHORIZED REPRESENTATIVE Duluth,GA 30096 Q ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg.4047 NOTEPAD Adventure Environmental Inc. ADVEN-1 PA Q.15.b INSURED'S NAME OP ID: GB Date 01/07/2022 Contractors Pollution Liability: Insurer: Rockhill Insurance Company Policy#: EV20190209-04 Policy Period: 01/09/22 - 01/09/2023 Claims Made Aggregate Limit: 2,000,000 Each Contractors Pollution Condition Limit: 2,000,000 Blanket Additional Insured/ Waiver of Subrogation Professional Liability: Insurer: Rockhill Insurance Company Policy#: EV20190209-04 Policy Period: 01/09/22 - 01/09/2023 Aggregate Limit: 2,000,000 Each Professional Services Incident Limit: 2,000,000 Commercial General Liability Conditions: Deductible Liability Endorsement Exclusion - Testing or Consulting Errors and Omissions U Total Pollution Exclusion Endorsement ; Additional Insured - Owners, Lessees or Contractors - Scheduled Person or U Organization Exclusion-Violation of Statutes that Govern Emails, Fax, Phone Calls or 00 Other Methods of Sending 00 Exclusion - Punitive or Exemplary Damages U Amended Waiver of Subrogation U Exclusion - Engineers, Architects or Surveyors Exclusion - Exterior Insulation and Finish Systems Exclusion - Professional Services > Primary/Non-Contributory Coverage-Blanket - When req. by written contract 0 Additional Insured - Managers or Lessors of Premises CL Toxic Drywall Exclusion CL Separation of Insureds Independent and/or Subcontractor Restriction 00 CN Contractors Pollution Liability (Claims-Made) Conditions: LO Additional Insured - Owners, Lessees or Contractors (Broad Wording) N Amended Waiver of Subrogation Toxic Drywall Exclusion U Professional Liability Conditions: LM 4— War or Terrorism Exclusion Additional Insured - Owners, Lessees or Contractors E 0 LM 4— E 0 U A Hull & Machinery / Protection & Indemnity: U Terms and Conditions applicable to All Sections: Severability Terms and Conditions applicable to Hull: A. I. Coastwise and Inland Hull Clauses U Deliberage Damage (Pollution Hazard) Engines & Machinery - ACV / Limited Perils Only No Lay Up Warranty No Release to Tower Warranty Seaworthiness Clause Total Loss Hull Premium Earned Clause Vessel Stability Additional Insured as respects P&I Packet Pg.4048 NOTEPAD Adventure Environmental Inc. ADVEN-1 PA Q.15.b INSURED'S NAME OP ID: GB Date 01/07/2022 Terms and Conditions applicable to P&I: SP-38 Form Collision Clause including Tow & Extended Tower's Liability Collision Liability - P&I Extension Diving & Swimming Exclusion Food & Beverage Exclusion Health Hazard Exclusion Liability Limitation No Release to Tower Warranty P&I Crew Exclusion: Notwithstanding anything contained in the Protection and Indemnity Clauses herein to the contrary, it is understood and agreed that this Company shall not be liable for any loss, expense or claim to employees of the Assured, members of the crew, contractors or subcontractors Punitive/Exemplary Damages Exclusion Special Operations Exclusion Contractor's Equipment: Policy No. : IMP 5305782-05 Policy Period: 01/26/2021 to 01/26/2022 - Owned Equipment $75,000 U - Leased/Rented Equipment any one item limit $200,000 ; - Leased/Rented Equipment all items limit $400,000 U M.E.L. 00 -Maritime Employers Liability Coverage Form 00 -Transportation, Wages, Maintenance & Cure CN U -Notice of Cancellation: 30 days (except 10 days of nonpayment of premium) -Death on the High Seas Clause -In Rem Liability -Blanket Waiver of Subrogation LM CL CL 00 CN This certificate of insurance neither affirmatively nor negatively alters, amends, or extends the coverage afforded by Policy(ies) issued by the LO Insurer(s) listed on this certificate. N U 0 E 0 LM 4— E 0 U U E U Packet Pg.4049 06/01/2022 Policy number. 03515746 Underwritten by: 41 -Progressive Express Insurance Co. NAIC Number: 10193 Certificate of Insurance Certificate Holder Insured Anent U Additional Insured Monroe County BOCC Adventure Environmental Inc Butler Buckley Deets Insurance Compliance 160 Georgia Ave 6161 Blue Lagoon#420 PO Box 100085-FX Tavernier, FL 33070 Miami, FL 33126 c00 0 Deluth,GA 30096 U 0 00 cN LO cN This document certifies that insurance policies identified below have been issued by the designated insurer to the insured named above 76 for the period(s)indicated.This certificate is issued for information purposes only. It confers no rights upon the certificate holder and tM does not change,alter,modify,or extend the coverages afforded by the policies listed below.The coverages afforded by the policies listed below are subject to all the terms,exclusions, limitations,endorsements,and conditions of these policies. Liability coverage may 0- not apply to all scheduled vehicles. Policy Effective Date: Policy Expiration Date: 0 L- 4- 06/11/2022 06/11/2023 Insurance covemaefs) Limits 0 c� Bodily Injury Property Damage-Combined Single Limits $1,000,000 per occurrence A Hired Auto Liability $1,000,000 per occurrence U Employer Non-Owned Auto Liability $1,000,000 per occurrence APPROVED BY 10SK MANAGEMENT 022 e",,......... 212 ,,,,,,,,,,,,,,,,,,,,,,�,,,,,,,,, WAVER YE Description of LocationNehicles/Special Items Scheduled autos only 2014 Chevrolet Silverado C2500 VIN 1GCICVCG7EF187484 Comprehensive$1,000 DeductiblelCollision$1,000 Deductible 2015 Chevrolet Silverado C2500 VIN 1 GC2CUEG1 FZ541060 Comprehensive$1,000 Deductible/Collision$1,000 Deductible 2017 Chevrolet Silverado C2500 VIN 1GCIKUEGOHF207993 Comprehensive$1,000 DeductiblelCollision$1,000 Deductible 2018 Chevrolet 2500 HD VIN 1GC1KUEGXJF134539 Comprehensive$1,000 DeductiblelCollision$1,000 Deductible 2019 Chevrolet K2500 VIN 1GGIKTEYOKF112991 Comprehensive$1,000 Deductible/Collision$1,000 Deductible 2002 KW T80 VIN 1 NKDLT9X12JB94497 Comprehensive$1,000 DeductibletGollision$1,000 Deductible 2014 PTRB 388 VIN 1NPWX4EX5ED226224 Comprehensive$1,000 Deductible/Collision$1,000 Deductible 2006 INTL 740 VIN 1 HTWCAAN16J370901 Comprehensive$1,000 Deductible/Collision$1,000 Deductible 2009 Chevrolet Silverado C3500 VIN 1GBJC74K99E105480 Comprehensive$1,000 Deductible/Collision$1,000 Deductible 2019 Chevrolet Suburban C1500 VIN 1GNSKJKJ6KR262447 Comprehensive$1,000 Deductible/Collision$1,000 Deductible 2020 Chevrolet Silverado C2500 VIN 1GC4YPEY7LF105587 Comprehensive$1,000 DeductibletGollision$1,000 Deductible 2020 Chevrolet Silverado C2500 VIN 1 GC4YPEYOLF1 54498 Comprehensive$1,000 Deductible/Collision$1,000 Deductible U c� 00 N U 0 00 Certificate number N 15222W2E746 LO N U 0 0 L- 4- E 0 U JA U E c� Please be advised that additional insureds and loss payees will be notified in the event of a mid-term cancellation. -- ,.,: Form 5241 (05116) ^- A—A CERTIFICATE OF LIABILITY INSURANCE 12�7 Q'15.b Producer: Plymouth Insurance Agency This Certificate is issued as a matter of information only and confers no 2739 U.S. Highway 19 N. rights upon the Certificate Holder. This Certificate does not amend,extend Holiday, FL 34691 or alter the coverage afforded by the policies below. (727) 938-5562 Insurers Affording Coverage NAIC# Insured: South East Personnel Leasing, Inc. &Subsidiaries Insurer A: Lion Insurance Company 11075 2739 U.S. Highway 19 N. InsurerB: Holiday, FL 34691 Insurer C: Insurer D: Insurer E: Coverages 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. Aggregate limits shown may have been reduced by paid claims. INSR ADDL Policy Effective Policy Expiration Date Limits LTR INSRD Type of Insurance Policy Number Date (MM/DD/YY) (MM/DD/YY) GENERAL LIABILITY Each occurrence Commercial General Liability Damage to rented premises(EA Claims Made11 Occur occurrence) U APPROVED,BY RISK MAN �AGEMEINTMed Exp S� n�a�« lid ��1„✓f��,�'^�9��1� � � General aggregate limit applies per: Personal Personal Adv Injury Policy ❑Project ❑ LOC '' ��`` N'—,�alt`tis— General Aggregate CN Products-Comp/Op Agg L AUTOMOBILE LIABILITY Combined Single Limit (EA Accident) > Any Auto 0 Bodily Injury CL All Owned Autos CL (Per Person) (� Scheduled Autos a Hired Autos Bodily Injury 00 t'J Non-Owned Autos (Per Accident) Property Damage LO (Per Accident) t°sl EXCESS/UMBRELLA LIABILITY Each Occurrence ROccur ❑Claims Made Aggregate U Deductible 0 A Workers Compensation and WC 71949 01/01/2022 01/01/2023 X I WC Statu- OTH- Employers'Liability tory Limits ER Any proprietor/partner/executive officer/member E.L.Each Accident $1,000,000 0 LM excluded? NO E.L.Disease-Ea Employee $1,000,000 If Yes,describe under special provisions below. E.L.Disease-Policy Limits 1 $1,000,000 Other Lion Insurance Company is A.M. Best Company rated A(Excellent). AMB# 12616 E Descriptions of O erations/Locations/Vehicles/Exclusions added b Endorsement/Special ecial Provisions: Q P P Y P Client ID: 80 65 323 uy Coverage only applies to active employee(s)of South East Personnel Leasing,Inc.&Subsidiaries that are leased to the following"Client Company": Adventure Environmental,Inc. C) Coverage only applies to injuries incurred by South East Personnel Leasing,Inc.&Subsidiaries active employee(s),while working in: FL. Coverage does not apply to statutory employee(s)or independent contractor(s)of the Client Company or any other entity. E A list of the active employee(s)leased to the Client Company can be obtained by faxing a request to(727)937-2138 or email certificates@lioninsurancecompany.com U Project Name: INCLUDES USL&H. GREGORY J.TOLPIN,LICENSE#CGC1506411 and#CUC1223905,AS QUALIFIER. WAIVER OF SUBROGATION APPLIES IN FAVOR OF MONROE COUNTY BOCC. ISSUE 06-11-21 (PH) itseclin uate:s i:) zuiu CERTIFICATE HOLDER CANCELLATION MONROE COUNTY BOCC Should any of the above described policies be cancelled before the expiration date thereof,the issuing insurer will endeavor to mail 30 days written notice to the certificate holder named to the left,but failure to INSURANCE COMPLIANCE do so shall impose no obligation or liability of any kind upon the insurer,its agents or representatives. P.O.BOX 100085-FXdm,„,m, ...,_ DULUTH, GA 30096 � Packet Pg.4052 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE WC 00 Q•15.b POLICY (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule MONROE COUNTY BOCC INSURANCE COMPLIANCE P.O. BOX 100085 - FX 00 DULUTH, GA 30096 CN 0 00 CN CN U 0 0 L- 4- E 0 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. U eA (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) U Insured: South East Personnel Leasing,Inc. " Insurance Company:Lion Insurance Co. Countersigned by: E Policy 4:WC 71949 Effective: 01/01/2022-01/01/2023 Client: Adventure Environmental,Inc. WC 00 03 13 (Ed.4-84) ©1983 National Council on Compensation Insurance. Packet Pg.4053 Adventure Environmental Inc 160 Georgia Ave Tavernier, FL 33070 U c� 00 c14 U 0 CL CL 00 c14 c14 U 0 0 L- 4- E 0 U U E c� - A—A AVE, N ITS- WAIVER OF SUBROGATION ENDORSEMENT This endorsement modifies insurance provided under the following: Commercial Auto Policy Motor Truck Cargo Legal Liability Coverage Endorsement Commercial General Liability Coverage Endorsement U We agree to waive any and all subrogation claims against the person or organization designated below. 00 U Monroe County BOCC Insurance Compliance PO Box 100085-FX Deluth,GA 30096 00 00 LO N This endorsement applies to Policy Number: Q3515746 U Issued to: Adventure Environmental Inc 0 Endorsement Effective: 06/11/2022 Expiration: 06/11/2023 E L- 4- All other terms, limits and provisions of this policy remain unchanged. U E Form 8610(02/19)M_CL Kevin Madok, cpA Clerk of the Circuit Court& Comptroller Monroe County, Florida DATE: July 11, 2022 W TO: Rhonda I laag Clilef'Resillence 01licer 0 Lindsey Ballard Aide to (lie County Administrator a U ]FROM: Pamela G. Hanco�,:k C. SUBJECT: June 15di BOCC Meeting 00 CN U Allaclied are copies of the I'011owing items for your handling: 00 CN 07 Contract with Adventure Environmental, Inc., the top ranked vendor for the L) construction of the Canal 25 Backfill Restoration Project in Key Largo, in the amount of $1,280,509.00; funded by Florida Department of Environmental Protection Stewardship Grant No. LPA0249. E 0 08 Contract with Adventure Environmental Inc., the top ranked vendor for the Canal 28 Backfill Restoration in Key Largo, in the amount of$2,203,456.00; ftinded by Florida Department of W Environmental Protection Stewardship Grant No. LPA0241. Should you have any questions please feel Free to contact me at (305) 292-3550. > 'a E N N Q N LO E .a cc: County Attorney Finwicc File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-1 Packet Pg.4056 Q.15.c AGREEMENT Between MONROE COUNTY And ADVENTURE ENVIRONMENTAL, INC. For Canal 28 Backfill Key Largo AGREEMENT Made as of the 15th day of June, 2022 U BETWEEN the Owner: Monroe County Board of County Commissioners 1100 Simonton Street 00 The Gato Building, Room 2-205 U Key West, Florida 33040 00 N And the Contractor: ADVENTURE ENVIRONMENTAL, INC. 160 Georgia Avenue Tavernier, Florida 33070 a 0 For the following Project: Backfill Restoration Water Quality Improvement Projects, Canal #28, Key Largo, Monroe County, Florida This Agreement represents one of the canal restoration demonstration projects approved by the Monroe County BOCC, whose public purpose is to improve the water quality in Monroe County. Scope of the Work N N 1. Project Overview N� LO The Scope of Work for Canal #28 (between Pigeon Drive and Sexton Cove Drive) ' located in Key Largo, Florida consists of backfilling. The backfilling activities are to be completed so that a natural benthic community can be established. This proven restoration technique was vetted during the demonstration projects and is anticipated to increase the water quality in the canal. 2. General Project Intent and Scope Provide all labor, supervision, engineering, materials, supplies, equipment, tools, transportation, surveying, layout, and protection for the proper execution and completion of all the work in accordance with the Contract Documents. The Work shall include but AGREEMENT 00500-Page 1 of 18 Packet Pg.4057 Q.15.c not be limited to that shown on the Drawings and detailed in the Technical Specifications if any included in this Contract. 3. General Requirements A. Construction work times shall be limited to: 8AM to 6PM Mon-Fri, excluding holidays. Saturdays may be added at the mutual consent of both parties. B. Contractor needs to be aware of weather and location and plan accordingly. C. Contractor must remain aware of the community residences and plan accordingly. Coordination of each day's works shall be done in advance with approval from U WOOD/Engineer. c� D. The Scope of Work shall include, but not be limited to, all work shown and listed in 00 the Project Drawings (Exhibit A). The Contractor is required to provide a complete U job as contemplated by the drawings and specifications, which are a part of this 00 proposal package. The Contractor shall furnish all labor, supervision, materials, N power, tools, equipment, supplies and any other means of construction necessary or proper for performing and completing the Scope of Work, unless otherwise U specifically stated. Exhibit B contains the unit price sheet. Monroe County has made all reasonable efforts to obtain the required permits for this a project. If the Contractor is aware of another permit that is required, it is up to them to obtain it. W SPECIAL PROVISIONS The following Special Provisions are intended to clarify the scope of work, or highlight features of the work, or modify, change, add to, or delete from the General Scope of this Proposal Package. 1. All licenses required in order to perform the scope of work in the specified location, shall be procured and maintained by the contractor and his N subcontractors. Contractor shall submit copies to WOOD prior to notice to N LO proceed. Contractor's license shall accompany proposal. 2. Contractor is to review Division 1 General Requirements for additional responsibilities required in order to perform this Work. c� 3. If in the event of conflicting or overlapping requirements in any area of the proposal documents, technical specifications, or drawings, the most stringent condition shall be proposed and constructed. Notify Sustainability Manager in any event, in order to not compromise the Owner's right to make appropriate decisions. AGREEMENT 00500-Page 2 of 18 Packet Pg.4058 Q.15.c 4. Contractor shall maintain As-Built Drawings, (Record Drawings per Section 01720), of his work progression. 5. Contractor shall provide suitable storage container and be responsible for disposal off-site of all debris and trash. 6. The Contractor shall coordinate with Owner's representative on available hours for Job Site access. Job site will have limited 8AM-6PM work hours Mon-Friday excluding holidays. Contractor will need to schedule work shifts typically from 8AM-6PM weekly. Any change to the agreed upon schedule must be obtained in writing with a minimum of 72 hrs. advanced notice. 7. Coordination of each day's works shall be done in advance with approval U from WOOD / Engineer c� 00 The Engineer is: WOOD Environment & Infrastructure Solutions, Inc. U Greg Corning 00 5845 NW 158t" Street CN Miami Lakes, Florida, 33014 314-920-8359 U The Owner and Contractor agree as set forth below. 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 N written or oral. An enumeration of the Contract Documents, other than Modifications, a appears in Article 9. In the event of a discrepancy between the documents, precedence LO shall be determined by the order of the documents as just listed. ARTICLE 2 The Work of this Contract c� 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 AGREEMENT 00500-Page 3 of 18 Packet Pg.4059 Q.15.c 3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the Owner. The Contractor shall proceed with Work no later than seven calendar days after receipt of the Notice To Proceed. Failure to commence with Work within the 7-day time shall result in a $500.00 fine to the Contractor for each day that work does not commence for the first 15 days, $1,000/day for days 16-30 and $3,500 per day for days 31 and thereafter, as specified below. The Contractor shall accomplish Substantial Completion of the Combined Project within Two Hundred and Forty (240) calendar days from 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. The Owner shall be entitled to liquidated damages as shown below for all work that fails U to meet the deadlines shown 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 Sustainability Manager's signature of approval on 00 the Certificate of Substantial Completion. The liquidated damages table below shall be U utilized to determine the amount of liquidated damages. 00 CN FIRST SECOND 31ST DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER U Under $50,000.00 $50.00/Day $100.00/Day $250.00/Day $50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day $100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day � $500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. 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 Million Two Hundred ThreeThousand Four Hundred Fifty Six/100 Dollars ($2,203,456.00) subject to additions N and deductions as provided in the Contract Documents. N LO i ARTICLE 5 Progress Payments E 5.1 Based upon Applications for Payment submitted by the Contractor to the Sustainability Program Manager, and upon approval for payment issued by the Sustainability Program Manager, and Engineer, 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 calendar month ending on the last day of the month, or as follows: AGREEMENT 00500-Page 4 of 18 Packet Pg.4060 Q.15.c 5.3 Payment will be made by the Owner in accordance with the Florida Local Government Prompt Payment Act, section 218.735, Florida Statutes. Contractor shall submit to Owner invoices with supporting documentation acceptable to the Clerk, on a MONTHLY schedule in arrears. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. Owner's performance and obligation to pay under this agreement, is contingent upon annual appropriation by the Board of County Commissioners. 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 U the Sustainability Program Manager may require. This schedule, unless objected to by the Sustainability Program Manager, shall be used as a basis for reviewing the Contractor's Applications for Payment. 00 U 5.5 Applications for Payment shall indicate the percentage of completion of each 00 portion of the Work as of the end of the period covered by the Application for Payment. N 5.6 Subject to the provisions of the Contract Documents, the amount of each progress U payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as a 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 W 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 Sustainability Program Manager. When both additions and credits covering related Work or substitutions are involved in a change the allowance for overhead and profit shall be figured based on net increase, if any, with N respect to that change. N LO i 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 Sustainability Program Manager has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions. AGREEMENT 00500-Page 5 of 18 Packet Pg.4061 Q.15.c 5.7 Retainage of 5% will be withheld in accordance with section 218.735 (8) (a), Florida Statutes. 5.8 Reduction or limitation of retainage, if any, shall be as follows: Upon achieving fifty percent (50 %) completion of the Work, and when requested by the Engineer, the Owner may release half of the amount previously retained. Owner reserves the right, at its sole discretion, to further reduce the amounts retained on any subsequent monthly payment request prior to final payment. Provided, however, nothing in this Section shall preclude or limit the Owner's right to withhold payment as otherwise permitted by the terms of the Contract Documents or as permitted by law. ARTICLE 6 Final Payment U 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 00 Contractor except for the Contractor's responsibility to correct nonconforming Work as U provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other 00 requirements, if any, which necessarily survive final payment, and (2) a final approval for N payment has been issued by the Sustainability Program Manager. Such final payment shall be made by the Owner not more than 20 days after the issuance of the final approval U for payment. The following documents (samples in section 1027) are required for Final Payment: (1) Application and Certificate for Payment � (2) Continuation Sheet (3) Certificate of Substantial Completion W (4) Contractor's Affidavit of Debts and Claims (5) Contractor's Affidavit of Release of Liens (6) Final Release of Lien > (7) Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a downloadable CD/DVD or flash drive of all the following but not limited to: A .Project Record Documents (As Built Documents). N N LO B. Operating and maintenance data, instructions to the Owner's personnel. C. Warranties bond and guarantees. c� D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Electronic copies of approved submittals AGREEMENT 00500-Page 6 of 18 Packet Pg.4062 Q.15.c 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). ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. U 7.3 Temporary facilities and services: As described in Article 34 of the General Conditions N U 7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. N 7.5 A person or affiliate who has been placed on the convicted vendor list following a U 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 proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals a on leases of real property to public entity, may not be awarded or perform work as contractor, supplier, subcontractor, or consultant under a contract with any public entity, W and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. > 7.6 The following items are included in this contract: a) 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 years from N the termination of this agreement or for a period of three years from the submission of the N LO final expenditure report as per 2 CFR §200.333, 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 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, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03; FS, running from the date the monies were paid to Contractor. 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 AGREEMENT 00500-Page 7 of 18 Packet Pg.4063 Q.15.c 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, pursuant to Section XVI of this agreement. 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 U 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. 00 The County and Contractor agree to reform the Agreement to replace any stricken U provision with a valid provision that comes as close as possible to the intent of the stricken 00 provision. N d) Attorney's Fees and Costs. The County and Contractor agree that in the event U any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the non- a prevailing party and shall include attorney's fees and courts costs in appellate proceedings. W 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 all necessary County and corporate action, as required by law have duly authorized the execution, delivery and performance of this Agreement. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this N agreement freely, voluntarily and with advice of counsel. N LO V- i 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; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. h) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. AGREEMENT 00500-Page 8 of 18 Packet Pg.4064 Q.15.c 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. County and Contractor 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, U effective the date of the court order. County or Contractor 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- 00 352), which prohibit discrimination in employment on the basis of race, color, religion, sex, U and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 00 USC §§ 1681-16837 and 1685-1686), which prohibits discrimination on the basis of sex; N 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, U 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 a and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 616), as 0 amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or N state statutes which may apply to the parties to, or the subject matter of, this Agreement. N, LO i k) Covenant of No Interest. County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 1) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. AGREEMENT 00500-Page 9 of 18 Packet Pg.4065 Q.15.c 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) Public Records Compliance. Contractor must comply with Florida public records U 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 00 00 "public record" materials in its possession or under its control subject to the provisions of U 00 Chapter 119, Florida Statutes, and made or received by the County and Contractor in N 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 U 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 0 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 F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with N a copy of the requested records or allow the records to be inspected or copied N LO 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 c� 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 AGREEMENT 00500-Page 10 of 18 Packet Pg.4066 Q.15.c 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 inspector 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. c� If the Contractor does not comply with the County's request for records, the County shall 00 enforce the public records contract provisions in accordance with the contract, U notwithstanding the County's option and right to unilaterally cancel this contract upon 00 0 N 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. Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any a 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 (305) 292-3470, BRADLEY- N BRIANa_MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S Q OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040. LO o) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the Contractor and the County in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or 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. p) 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 AGREEMENT 00500-Page 11 of 18 Packet Pg.4067 Q.15.c 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. q) 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. U r) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third- 00 party claim or entitlement to or benefit of any service or program contemplated hereunder, U and the County and the Contractor agree that neither the County nor the Contractor or 00 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 U superior to the community in general or for the purposes contemplated in this Agreement. s) Attestations. Contractor agrees to execute such documents as the County may a reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. W t) 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. u) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute the same instrument and any of the parties hereto may execute thisLO Agreement by signing any such counterpart. v) Hold Harmless and Indemnification. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (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 willful misconduct of Contractor or any of its AGREEMENT 00500-Page 12 of 18 Packet Pg.4068 Q.15.c employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be equal to the dollar value of the contract and not less than $1 million per occurrence pursuant to 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 U 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 00 any deficiency or ambiguity in the plans and specifications provided by the Contractor, U the Contractor agrees and warrants that the Contractor shall hold the County harmless 00 and shall indemnify it from all losses occurring thereby and shall further defend any claim N or action on the County's behalf. U w) 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 C of this Agreement. x) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that DBE's have the opportunity to compete and perform contracts. The County, N Contractor, and subcontractors shall not discriminate on the basis of race, color, national N LO origin or sex in award and performance of contracts, entered pursuant to this Agreement. y) 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. Special Conditions, if any are detailed in Section 00990 of the Project Manual for this Project. AGREEMENT 00500-Page 13 of 18 Packet Pg.4069 Q.15.c ARTICLE 8 FEDERALLY REQUIRED CONTRACT PROVISIONS The Contractor and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract Provisions and 2 C.F.R., Appendix II to Part 200, as amended, including but not limited to: 8.1 Clean Air Act (42 U.S.C. §§7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. §§1251-1387) as amended (for contracts and subgrants in excess of $150,000). Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and will report U violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. §§7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. §§1251-1387), as amended, applies to Contracts and subgrants of amounts in excess of$150,000. U 8.2 Contract Work Hours and Safety Standards Act (40 U.S.C. §§3701-3708). Where N applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the County in excess of $100,000 that involve the employment of U mechanics or laborers must comply with 40 U.S.C. §§3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each Contractor must compute the wages of every mechanic and laborer based on a a standard workweek of forty (40) hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than one and a W half times the basic rate of pay for all hours worked in excess of forty (40) hours in the workweek. The requirements of 40 U.S.C. §3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 8.3 The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify N system to verify the employment eligibility of all new employees hired by the Contractor LO during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. c� ARTICLE 9 Termination or Suspension 9.1 The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions. AGREEMENT 00500-Page 14 of 18 Packet Pg.4070 Q.15.c ARTICLE 10 Enumeration of Contract Documents 10.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: a) Drawings: Exhibit A b) Unit Price Sheet Exhibit B c) Project Manual including General Conditions 10.1.1 The Agreement is this executed Standard Form of Agreement Between Owner U and Contractor. c� 10.1.2 The General Conditions are the General Conditions of the Contract for 00 Construction. U U 00 10.1.3 The Supplementary and other Conditions of the Contract are those contained in N the Project Manual. U 10.1.4 The Addenda, if any, are as follows: Number Date Pages C 0 1 03/16/22 1 W 2 04/05/22 1 3 04/25/22 1-3 E 10.1.5 The Alternates, if any, are as follows: Alternate No. 1: Not Applicable N N LO This Agreement is entered into as of the day and year first written above and is executed in at least four original copies of which one is to be delivered to the Contractor. Execution by the Contractor must be by a person with authority to bind the entity. E c� AGREEMENT 00500-Page 15 of 18 Packet Pg.4071 Q.15.c $IGNATURE OF THE PERSON EXECUTINGTHE DOCUMENT MUST BE Ni*RIZED AND WITNESSEDT I " ENTITY(SEAL,): BOARD OF COUNTY COMMISSIONERS Attest' in Mad k, Clerk OF MONROE COUNTY, FLORIDA B By- ei, Cie�� or/ au n Date 1 .. (SEAL.) T �' tte o „ By.- Fri rrrela r6 t a e an 00 Ise% N _.. _ m..... u . �� ... 00 Title„ ltle: . r ��� ���� ...� Pre,&(derr� CN Date- " � �� ����w � � Date.- u E Title. , ~µ Date: STATE OF FLORIDA, COUINITY Subscribed and sworn t ( r a cr e ) be-fore me, by meads Of physical presence, r El � online . ,. notarization, ...bra t o � date E of r a afant). fet e �ersonall e .. ;a N identification) a 'l ent�i� �ation. �. Q i � W KELLY J GRAM j(.1�44 4 Druara4a�d Y:BveaauV�U�au�. roa�� gun p�d 2023 "4 6 1 as Front Name c� My commission expires- � _� � Sea AGREEMENT 00500-Page IS ct 1 Packet Pg.4072 Exhibit A - Drawings W u 00 C14 u 00 C14 u E a 0 W E CN CN Q CN LO E Packet Pg.4073 Q.15.c oz (90 E ~Z X J W o z N N J z z �W 7 m O Z. o QocYiot14", 'ram oLL 3 o� W N 4e a" 3 z�mQ�VYJ ,, ¢ °� o� oo >oiN1"9 0 00 3 u C W U W — Y � � m = 5g w Spa a 9= Y a�a4i LL oo y _ MUwok 5 �o & - �upa�� 1 rc sm_a 1IZ s W 00 z o o w c� - oa u Z - 00 CN Iz Z O O Q Q1 NtrTi'4r� r ,� o W ///��/ O � O Q CD U J Q o J ) �T� i¢ ��J o z W Z W z "�`- iri/l/L/iib/ir/////� �IAl r, 1 u " O a' 6 w CD � o � � Y O W �� �° �� w w W O W iiv/ rr E ell CD 00c� oaf f-. J� >>� ,` R Gr O O W LL] ID U z� 3 z � �s a �' is d °�j = Z3 Q o o ff ,s i �r E .--, m s 5 m J Z �Yy Tf HA Z O Z i rri�i07 %ice/oi 4 'ii x W Q Z U ��� 711 cif IL T �� U / z J W n / tj � TLLJ 'r ri m w o c w 5 ZSY W m I I a _ - - - - n - a s o 0 0 0 0 0 o a o _ (� N W N 5 E - - g u W a R _ _ = V u o u u u u u u u u u u u !9 Packet Pg.4074 Q.15.c oZ (90 • azIWNc�ZJ�a W z E �, Nda o y 0 a' if mo oO & ` oLL o J0 o�a wo �u a w . dr„ ,- W09 Dy .t... 3 � a � b c� Y U K G� - pa m - -HA o - ��� u 00 pCpqq -Q V �d 00 00 _ o 3 z?wFo � p�4 � -wQ � _ yE O� a N -- - w ooQomG - 4W4D�,, wo a ry owa- vi¢r n a n M n n m r &������ z�z�_ oss 3 .gol --a - rc Qp 4TT k � - &m o.68o z w �9 a_nmeemti�m�>�'g n Packet Pg.4075 Q.15.c oZ (90 y X J W U' V Z w z a O c W W JpZ~ °/' W S Z z N(n LL Z W O z G Qouop4I �` I 0 oLL a zo �S UQw ° 3 }oo� ai . z 3 wUW d' 0 a Y % / Irr ` j p� r 110 o %mr, Av /mn CL Al I r // '4 � %i /ram /I���ri/l r'y�k5�, %I�liir �/ � „"' ,.✓/"� cN.� � �'���/�� r W � 5,,,' V r®R / A 1 00 pCNpqq NW mZU > _ OCd 4r --w(wnQZ w f CN s �� U3Noz K a v n? z till z _ ld a o o ���,r - t < W® CN CN �n 1 % rW CI Ow w M�� L y a„ m LO ks o o j% U w 0 � Irr� .�+ 04 u� w _ I _ >g I �oQ a w w w as o�� 4 <- LL >w r 4ilB s 0 r w o w Packet Pg.4076 Q.15.c oZ (90 • I _� _ E X J W W.-uga Z w g z i O a Z. aN�e~ I �; 0 oLL 3 " o f i& O f �' o f m N C 3" a Q2maWC �pI " M1i1 03 a$ ow 3 x `n U J j O fi Z f0.pum O o a n N w U w 2 Y Op fV Hill 'A 110 aft' r/ g v �,: �( �.. Q E��33(i s r- Am, i ;' /r,,. A All 14 00 o z a— o%'f� ¢U Ol V N M Z ppCN qq i 1 f / mz- 00 A a z s aCN \ r r/ %y rn o fAll �� z r C� r C� m G w zmm a /w Gw<< I/s/�jIII(% o � / a o 0 r o I P des �<1 V Eo-z-z' l V3a o ry 6d =VI r7^ m O m Z N o mq'lm��z 7 'i� 000N�irio % - CN U Q O n 8. O U zo _ L c� CN LO U� = V ¢¢ „ o o= CAI M r o owzm��� >w osl Z Z¢ w GS s aa�� 'r o� C) oN a�� a� �ww d oQo N w d w�o aw i/ r wgw> � /r � - /yNi' i 3 m G� N ¢ a / I as ao �o� oLLo LL� wa J a p w �i/ d( U o00 8 w w 0 <� �w mG � ow o w w, �o 0 Packet Pg.4077 Q.15.c z I IOU z x Og =n6 roN z V� z ¢$ z .. owe ":R a XJW w w o u u p ¢ m :� a ° Q KW 'm N ' M ON >f--a P Idyad M p 3 o Q o c� w UL3 w o a �' r N LLI CL i MINE a / 00 o��-lla� w fU,` Q�o�oz� c� rc D 00 a � ¢ a o w Z o coo =gmZzzw z o ���z`W`o= z � z It / 0 Ail IJI� �J N o� �J W /pr I U Al III""� ory ° l ,lffJ 9/ ' � . CN CN w > o a wm�o�mz ods" 9 Lo —tea ° LLo z a<n��m�amo f �� �0/'% J /�, .. amwa��oo� J�i//, awn �_�� 4m�w~3ZN� 'I o�omQw�oU 11 / U z� zoo r n z d Z 0=m z % A� 'IsmIF f Packet Pg.4078 Q.15.c oZ f,° s • Iy X Z J W uga Z w z V Z OZ. f/IYZH �` W J 0 �� �� V O_ oz Qou° 14, f ° oLL a o� �QU N O "= a" 3 z�m¢��»al ,,, l ¢ °� S� oo owelo 3 >0 Sapp I`dyap ° 3 w b a V w U w 0 Y uii INgk,' �ir n"r»r%r rl�f 1, r N / o yif rare f n /re oY° i »9r ! r�n, 1 f j n✓ ✓hf f�%� /1 hid&N�G r � v✓ 1/ril ,�Is�`� nP'Pu�e�f+r! J n�U.r,�r Y h)i�f 4 l of /r f it a rld l� 14 a rrrb f a'r , �. CL -ELLJ � I f rlr�r»ri R iY/r;r`rr�f Fawn /iii �i/�fi% � / P 041 i �/ / /r jrrf rr fFrv' ii f i DYI�i 0 R IN oii�af p r��r6ar' GT f W � 4 C� / o i✓NoO� �» o /Jif rii/u r p oc p f%as. a oozpozx a r $1�„� �lr ��r ✓rr 'g a /PSo rcc r 0 5�V reir! awo a��/ r /f 48 r,pw, iU �w¢o al r 1,'�9d F, W <n o /� J r o z z �/'� 'G'� yr�f w N u m W U¢ �f Ib Z z��ZO / JNl��G ¢ 00 C14 ¢¢z >> t- p�Ord z //,( 11/, �w¢ � 00 z o � � rs r /r0h/j1 \, z C14 ouuo a i �J'N ��a / f%l o z r 14 i a �Ni �r reaiq r» � C3 d as i/ poijO»� rr `w �iva, ry^�i Allo // ry`fl l Alol H r %m9�Ni i elMy % yMI v(I i y b �hh 15 �G gn G (`VOW ) /orb U a Y Y� Y l u /irk Z w / �41i f d2 aama> 1// / /� i h �9 /r r z��� .,+ltQ< < C d CN 88 C14 a a �j { tt9l /%/ �z ¢� - �o zi y \ s s 11 iiii a f" » of oY trf s //v j I;,.,._. o m� o o o � 7 IV IF zM vo a c� _ 0 U I ... v- . Packet Pg.4079 Q.15.c 0z 1,0 Ospa wr Z y E X J W OD W JpZ y' aNYZ H �`o WJf 0 �' o 0 aouo �` o oLL a o� �z 4e a° 3 ��ma�� '�1 o �� �� ID m — a - U J W O a �' 3 r .,� z s 3 o o o a o 3 >0u) mod, , 0 3 W U W 0 a Y ,r ti r io �O>> r y/ ,�... oCL N o � f, w o G� i o 00 D a 04 CN � 3n / I I VWW WWW G� rc rr�r wr d� z W, n� U 3At III w /4� ;f � r % z m w � r �r i?i A) Day /9i j p v CN r CN a/ CN =< LO �/,,q � w m� err co 311 T / II h o Packet Pg.4080 Q.15.c oz ('(D �- T• a N w J w z u z n z ° O a o u !)Yz� f o G G_ z a �o�p�r o oLL a o� �o O °_ Va a" 3 z�aQX��YI.��, - 0 oG, ug o w 3 a U"o z s3 I. o �z dr,�^.M' 0 3 w >oy s z 3 x a o 31 n z r 4 r O w O Z v o M O p 2 �LLo 0 m U w 2 O c z 3s owa4 L) U O m U ¢ w o W O w W m J O Jj W ww wm <NO U ill s x c� � 3 i 3� f �m Il II f Vii I I III lIl li Ir" 1�1I II I I=II { ilf'. III II II II Il�ill II II II II I III II it II II IIJICL- LII Il 14=11 111 Il LI Il 1IG Il I I II`-111 Il II Il 114 0 _ I Il 11 11k-1 I Cl d I W{ I� I�f jz( z� _� z�w G� u 0 W -- U Il in mod <S �om� III II Ib-II II -i-- LL rn z 00 t'J u 00 t'J o L w V ul II u m u I u-ul u l I u u 11 V) � m u l u u l u l m u ap I�I II 111111 1 I ItI L I tIl l 11 Il 111 I L-1 e o z o � L) V) V) III II II IIII II III--11 II III IIII II III P1IT I0 z o N CN N Lo CD ass Z � z o > L) cs i L) w F , W a c) � v {I III - o V) = z L) o - N � 0 z o M 9 Packet Pg.4081 Q.15.c oZ (90 �x y _ E W J W Z ,�;��ryu Z w g z a �u O a o NYDH p',9'W Jl�k. U oLL x w Q U IG'P17''"]"]�a'M'M. o og Ca a" 3 z�QQ��r,""�.,1 � - w oG o w pum WUW � O to x _ zo 6 - � <m s 311 II it III-I III ` x W z a o ? mo 3H z ffiw - � > m 3o or - E: aW. z m u F. III II II II II-I III II II 1 111 IT II II-III IIII�- a z �m ICI II II IIIIIII II II IlrllI IIII�°III IIIII II II II-~IIl iII- C] K z w � ro v o ;moo '1 l tl -1 Ill Ilf-1-1 T11 ITT -1,Ili o ¢ �I II 11-I III II�II-I II - U o < zo z 0 0 m < z 3s }may M 6 UwU LL WO 4pJypp _ _ 7 7 7Z K - 3 �rca 3� mo Ili ��LL z_ n Z w � U -'�I[ II ILI ill II Illl�ll III= II II II --IllI ilf V) 00 iirI I it --II II II II II- ill I III II ..0 II -1 II it 11 II.=III=-1- C] il4-a Il}tm I-u W.dL [-a-Ill L i u lu j 1- m 1 i; a 7 , 77777777 - - - - - - - - - - - - - - M 0 v ��il -11 II III IImII I A 1 I—u ITT i III I u m Ii=� u i � V) � -- a- 1 m:II -III I '1 L `1 tl 1 1-1 m I 1-1 I1 L II l'm �= u m u u u m= All o � m a o P U �9 °n -11 II III Ilmll-I III Iil-� LLJ V) m J_i - (^� 1 I�L `1 u Itl 1 ml-l Ill I 1 1 �Il i]L V) IT II II. I ill II u-IlI II=1 II II II Z ��il-_III II IT Ilmll m��I}lu-1 III I I o I - M m v o �pp W U II -1 II II II 11- III II II II II II IC=lII II Il_ l IT z.. 1111111a � o � aml=l .11. 1 1 I - L 0 M 9 Packet Pg.4082 Q.15.c o(90 �= E OD IL J W Z u Z w g x < U J O a o 7LNYZ~ �`� WJ�6` O �� �� x �w a IN � o oLL a� o� � -o � ti z� �a `� ! 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(l- _I-IL- III II II 11=II IIl l - � I :11 II I Il 11 ILI w 0.✓ 0 II u u ill II Ina II II II I(=1 II- Ilh II II II-II III II II- QJ' w 11- := II 111 11==- - V o - dm N .11I II II I_II-II III II ilf- 4M C: o w � Il I I fill I I---I I III CN 00 It II I I fit II V I I- I 11- _ u�i II II ll I1111L111111111LII1 CC�IIII ll IlI II---:_ z � e It III II 11:=11 ICI II II II III:=II II ll- Q'J " 'ui'll° ulll llul lulu-llll"I'°u"IlI'sll°Ill I'll w 'I III II II I,ILII I If =I I I III II II IT I 0 I y„„ I W I1 [-u=Ill l II l �I1 I u Ilf�I1 Ll 1 11- (� III= Ill II =11 II1l L) II-IT o w II II II II ILII III-:II II II_- wa 3Y I_ III II I II=11 I II I II II I II III=II II I II - � a 58 S Mil LII 11 II- 1 , II III �I II 11111u it II II IJ-3 N i� - II II'°II II II 11- II ILII "m'-r ` 11 l ll 1 to CC-1 ll I11III 11 Il z a �� d2 - II z Sm II II--II II- 11 1 II III ¢ o� �_ w M Q moo II�:I lull llL ll�I II I - o z m s n i' sW 3Uo P o r m o < a E z z � wm ` zz z 3� ILI z w LL z m 4 w K OO¢ Q 3CN m ^ O U Q m Q O w Ill ill II II=11 w z� - z�wCN �I 11 11I I I J Ili <m �� Comm CI 1I 11-1-1 II LII 11 C-II-l 11 ll-Il LI I I I 11 LII 11 1C-if I a 'J LL r33a IIIILIIIIIIJI III III I II 111 z It it ll I11 ill II II::II ifil ICI ill II II II.-:II II Il- Z 0 It II II I}-II ICI (( II Ifit III-- �.uul u Mimi,a lu 11 mllu 3l1 Il u 1 w d� w c ll`I 11 li l-ll 1 LII -1 ll lil --1 11 it u l 1 -1k Ill I I W-Ill It-I v7 L5 u u I- it- �1 u Mum, if I 1C ii=n 11 II n=7 I lI lu I1-11 u m Il rI II a l=1 � � "'"If Ili l ufit l u ll l u ll 1l l Il 0 u��I ll Ill(1-I1 11 W -1 a Ill III _1 IIl 1 1 III II if ILII 9 Packet Pg.4085 Q.15.c 3OuQ D 0NQ JJw z (90 ga XWp� Z¢ ogLL3 o_ E W d a°o z a O ox��a Y `� p�o oU Ou) zOOzo pum zJ� w oM u N _ wuw `'- a wN K A�' � a %i / r�i/ �S o o as i li / u as _ ,/,�, /r Y CL { > P v) A 0/ i „r�r /�/ yr,ry9/ �/ Y ;. � l I��IIy�1�fi7�/rr/J�r '��rl�i °" s s s Fill s r 00 f Y Z CN /J/I ¢ ¢ Yed /r r�/ z M Q z �J CN Jr z o J ",lij A AN i % - I All�� > a --- w 0 / = — or p I / %,I G; 42 z %'! r tr � �J on d Pf/l� g// /, a - o. Q C14 9 ,1 ! 0 I ' �f // �w E � JI I ow i I , r < I° 1 - r r ow ryw i i % Al,- 4111 Packet Pg.4086 Q.15.c z 0(90 zw t Z s _ E X J W z o z ry y J 0 Z //'W rn m U W w G ' YZ� /^ ,i o G_ x o O o Qou° tp oLL a o� w w „ 4e a" 3 z�m Qw� YpINM1 ¢ °� o� oo 3 H F. i 09 U J j 0 44:M1 W fi Z F O W U w a w Y IIIII'llllll II II II II II II II IIIIIIIIIIIIII II II IJ II II II I, . 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Omw Z KO_U DyP/f I�J� O�O� U<OUIiKJ �O¢wU� w ilia �cnom� a� a/6hr o fc�r �UON Z ZQo�o -- - o x o aFl�ueg � < z w �pedq �� ,iW mKU Zip < L mn m Q a zoW�oo ' z z ! o 0 a w ;OO�zO O 3 a M N a w coo ,,+ �, m v w a. C� co z � w ^,?�o_�¢w / �, > a ¢mz ° z xornazrn00 Q o o z w m¢ o a a T WE wQEO j U .: w � v is w rl w✓ O=a Z O x 00 00 i/ Ow" �_ /d / �/'��,✓///1/3% �f/ r�ail:" o m o^ m r m / kl o`` _ DIIU„9,Uryr(r4/llll�/lr r 'y Lei E oo U o O O o C a- 33 w - o c u H — O o O N N _ YIIYI d v l0 O �4 < d L3 as® w m w SI 4 E s m = z w f w — z cN a Q N L� Iooi}J9A o o E o m o s > N N UI o x�K J _ OW Jo v � a o s m ....._,.. ,. 3 o o v o o I ........._ _..., O � s I...... c _a 0 - �9 Q O 0 d Packet Pg.4088 Exhibit B — Unit Price Sheet w u CN u w CN a m u a 0 E a 0 w E CN CN CD CN LO E .a u Packet Pg.4089 Q.15.c BACKFILL RESTORATION WATER QUALITY IMPROVEMENT PROJECTS CANAL#28 KEY LARGO, MONROE COUNTY, FL UNIT PRICE PROPOSAL SHEET U ESTIMATED LINE TOTAL ITEM NO. QUANTITY UNIT DESCRIPTION UNIT PRICE PRICE 00 c14 L) 00 1 1 LS Mobilization and Demobilization $200,000.00 $200,000.00 c14 2 1 LS Maintenance of Traffic $50,000.00 $50,000.00 � 3 1 LS Erosion and Sediment Control $205,000.00 $205,000.00 t3) 4 43,836 TON Fill Material $11.65 $510,689.40 5 43,836 TON Trucking of Backfill Material $7.00 $306,852.00 6 33,897 CY Placement of Coarse Fill $15.00 $508,455.00 7 2,633 CY Placement of 1-foot of Sand Fill $15.00 $39,495.00 8 1 LS Construction Surveys $50,000.00 $50,000.00 9 1 LS Labor $280,964.60 $280,964.60 10 1 LS Rehabilitation of Staging Areas to Original Condition $52,000.00 $52,000.00 ............ Bid Total: $2,203,456.00 Contractor Signature: C14 cN cN LO I PROPOSAL FORMS 00110-Page 27 of 218 c� Packet Pg.4090 BACKFILL RESTORATION WATER QUALITY IMPROVEMENT PROJECTS CANAL#28 KEY LARGO, Mu NROE COUNTY, FL NIO -COLLUSION AFFIDAVIT 1, Gregory 'rolpin of the city 'Taver"nk,,,,r -according to law on my oath, and under penalty of perjury, depose and say that: W 1 1 am—Vice President/Secretaru of the firm of Adventure Environrnental Inc the bidder making the Proposal for the project described in the Request for Proposals for and that I executed the said proposal with full authority,to do so; U 2, The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting M 00 competition, as to any matter relating to such prices with any other proposer or N with any competitor; U 00 N 3, Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly„ to any U other proposer or to any competitor; and E 4 No attempt has been made or will be made by the proposer to induce any other 9= person, partnership or corporation to submit, or not to Submit, a proposal for the 0 purpose of restricting competition; and W 5. The statements contained in this affidavit are true and correct, and made with full knowledge that Mionroe County relies upon the truth of the statements contained in this affidavit in awarding contracts r said project.. > ig nif"u-ir,40- E ol Date: 144rtd, ...................... C14 STATE OF: vv-t cd—L CN Q CN LO COUNTY OF: 9hroc- Subscribed and sworn to (or affirmed) before me, by means of or 0 online 4i a notarization, (date) by &Ver,,,6AA -T-bhow% 0 a- 1�_or. has E (narne of afffa_nt�7 He/She is, personally, known to m produced (type of identification) as identification, MXELLY J GRACIE NotarPublfc.State of FloOTAm RYMY Comm,Expires Feb 19,2023Sanded througf)National Notary Assn.�^: My commission e pires: lle(o INSURAI QE REQUIREMENTS AND FORMS 00120-Page 29 of 218 1 Packet Pg.4091 BACKFILL RESTORAflON WATER QUALITY IMPROVEMENT PROJECTS CANAL#28 KEY LARGO, MONROE COUNTY, FL LOBBYING AND CONFLICT OF INTEREST CLAUSE" SWORN STATEMENT UNDER ORDINANCE NO. 010-19,90 MONROE COUNTY FLORIDA ETH ICS CLAUSE Adver�ture Environmental, lr�c U (Corn pang) warrants that he/it has not employed, retained or otherwise had act on his/its, behalf any 00 C14 former County o fficer or employee in violation of Section 2 of Ordinance No. 010-1990 or any U County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or 00 violation of this provision the County may, in its discretion, terminate this contract without liability N and may also, in its discretion, dedUCt from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentag gift, or consideration paid to the former U County officer or employee". E a igiii n 0 > 9= Date, W STATE OF: > C 0 U N T Y 0 F: —,P�a 11-0—C— E Subscribed and sworn to (or affirmed), before me, by means of Kphysical, presence or 1-1 online notarization, on 2-. (date) by t P;0(name of affiant). HelShe is persona�Ily known to me or has produced (type of identification) N identification. N N LO R UMMM KELLY J GRACIE W&TgFZV P N,otary Pub,lic• State of Her$d�l it r GG 3015%� , My Comm.Expires Feb 19,2023 My commission, expires feb E Bonded through NafionM NiMarV A55fl. IN REQUIREMENTS AND FORMS 010120-Page 30 of 218 1 Packet Pg.4092 .......... ....................... BACKFILL RESTORATION WATER QUALITY IMPROVEMENT PROJECTS CANAL#28 KEY LARGO, MONROE COUNTY, FL DRU'G-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that. k1ve,riture Erv�iironrriental, �nc W (Name of Business) I.. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, posses,sioni, or use of a controlled! substance is prohibited in the workplace and 0 specifying the actions that will be taken against employees for violations of such prohibition. 0) 2. informs employees about the dangers of drug abuse in the workplace, the business's policy cif maintaining a drug-free workplace, any available drug counseling, rehabilitation, and U employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 00 3. Gives each employee engaged in providing the commodities or contractual services, that CN are under proposal a copy of the statement specified in subsection (1), U 00 CN 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, of, plea of U guilty or nollo contendere to, any violation of Chapter B93 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later E than five (5) days,after such conviction, 0 51, 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 W 2 is so convicted. & Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section, As the person authorized to sign the statement, I certify that this firm complies fully with the above E requirements. CN CN SignQ CN ate.if IM-1-4 I LO STATE OF._jtC)V% COUNTYCF- E Subscribed and sworn to (or affirmed) before me, by means,of physical presence or El online notarization, on (date) by,GV1W_z04 101 jr—s (name of afflant). He/ is personally known t rare or has prod c d t i e i ,c 6 n entification. KELLY J GRAClE Nowry Public Stele of FWdda 03; Comm�won 9 GG 303588 My Comm,EMAres Feb $9,2023, Bonded through NlWnM NoLa:ry Assn. INSUFA5CE REQUIREMENTS AND FORMS O0120-Page 31 of 218 Packet Pg.4093 BACKFILL RESTORATION WATER QUALITY IMPROVEMENT PROJECTS CANAL#28 KEY LARGO, MONROE COUNTY, FL PUBLIC ENTITY C�RIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime imay 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, W public building or pubfic work, may not submit bids,on leases of real property to public entity, may not be awarded or perform work as a CONTRACTOR,supptier,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, for CATEGORY TWO for a period 0 of 36 months from the date of being placed on the convicted vendor list." 0 Inc I have read the above and state that neither (Respond�ent's name) nor any Affiliate has been placed on the: convicted vendor list within the la t 36 months. U n a 00 Date: %au 2- o N 41- --T U STATE OF: ofrtic, 00 C14 9= COUNTY OF: M n 1A n M U Subscribed and sworn to,(or affirmed) before me, by means of /physical presence or 0 online notarization, on VA&q P, 'X0_4- (date) by GWc40AA 'T71f-iP, (name of affiant). He/She E is personally known t6 me or,has, produced type of on) as identification, 9= (ty 0 LAX, W VNOA&� PUBLIC 2 My Commission Expires: -- -fib-- t KELLY J GRACIE State ol FWrida E NOWY Public commWon N G�,M599 my Comm,Expim Feb 19,2D23 Bonded WOUVil National Notary Am CN CN Q C14 Ul) E INSURANCE REQUIREMENTS AND FORMS 0011 20-Page 32 of 218 I Packet Pg.4094 . ......................... ........................................ ........ BACKFILL RESTORATION WATER QUALITY IMPROVEMENT PROJECTS, CANAL#28 KEY LARGIO, MONROE COUNTY, FL VEN ANIS LISTS Project Description(s): backfill Water ()uahL, Wmlrr.z��ts Cana, 28, IK� Respondent Vendor Name Vendor FEIN: (35-0768539 M Vendc,F's,Aothovized Representative Name and Title: Gre_iLoTy. Tolpm,Vice Pres'ident Address: 160i�('�_22C"3�'�,cw.,, Ma Avenue City: Taverier State: FL Zip- 33070 0 Phone Email Address Greg_ o�Cg�,4AEI,o ry't U 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 renewa�l, the company is on the Scrutinized Companies that Boycott lsrael List, created pursuant to Section 00 215-4725, Floridal Statutes, or is engaged in a Boycott of Israel. Section 287.135,, Florida Statutes, also C14 prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for U goods or services of $1,000,0100 or more, that are an either the Scrutinized Companies with, Activities in 00 N Sudan List or the: Scrutinized Companies with Activities in the iran Petvoleum Energy Sector Lists which M were created pursuant to & 215,473, Florida Statutes, or is engaged in business operations in Cuba or Syria. L) As, the person authorized to sign on behalf at Respondent, I hereby certify that the company identified: above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that E Boycott Israel List or engaged in a boycott of Iisrael and for Projects of$1,000,000 or more is not listed on 0 either the Scrutinized Companies with Activities in Sudan List,the Scrutinized CompaNes Wth ActMbes in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. W 2 understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may sub�ect company to civil penalties, attorneys lees, andlor costs. I%irther 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 an a boycott of lsrael or placed on the ScriAinized 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 E in Cuba or Syria. C14 C14 Certified By Greg)iry P,.)lpin who is authorized QC14 to,sign on behalf of the above referenced company. L01 Authorized Signature: Print Name: Greqory T4edn Title: V ce Flresident/Secfeta�r E Note: The List are available at the following Department of Management Services,Site: httr)://www,dms.nivflo,rida,cofMn/-buisi�ness�oerati�ispate urchasino/vendor information,/convicted, susp ended discrimi,natory corn Plaints vendor_lists INSURANCE REQUIREMENTS AND FORMS 001120-Page 33 of 218 1 Packet Pg.4095 .........—1.11111111.111111111111..................... ................ Q.15.c BACKFILL RESTORATION WATER QUALITY IMPROVEMENT PROJECTS CANAL#28 KEY LARGO, MONROE COUNTY, FL SECTION 00120 - INSURANCE REQUIREMENTS AND FORMS MONROE COUNTY, FLORIDA INSURANCE CHECKLIST FOR PROPOSER WORKERS' COMPENSATION X_Workers' Compensation Statutory Limits Bodily Injury by Accident/Bodily Injury by Disease, policy N limits/Bodily Injury by Disease each employee N WC1 Employers Liability $100,000/$500,000/$100,000 WC2 Employers Liability $500,000/$500,000/$500,000 WC3 X_ Employers Liability $1,000,000/$1,000,000 /$1,000,000 WCUSLH X_ US Longshoremen & Same as Employers' Harbor Workers Act Liability WCJA X_ Federal Jones Act Same as Employers' Liability N N N LO i E c� INSURANCE REQUIREMENTS AND FORMS 00120-Page 34 of 218 Packet Pg.4096 Q.15.c BACKFILL RESTORATION WATER QUALITY IMPROVEMENT PROJECTS CANAL#28 KEY LARGO, MONROE COUNTY, FL GENERAL LIABILITY As a minimum, the required general liability coverages will include: • Premises Operations • Products and Completed Operations • Blanket Contractual a Personal Injury • Expanded Definition of Property Damage Required Limits: GL1 $200,000 per Person; $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit c� GL2 $300,000 per Person; $500,000 per Occurrence $200,000 Property Damage N or $500,000 Combined Single Limit N GL3 _X_ $500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit a GL4 $2,000,000 Combined Single Limit Required Endorsement: > GLXCU Underground, Explosion and Collapse (XCU) GLLIQ Liquor Liability GLS Security Services N N All endorsements are required to have the same limits as the basic policy. LO E c� INSURANCE REQUIREMENTS AND FORMS 00120-Page 35 of 218 Packet Pg.4097 Q.15.c BACKFILL RESTORATION WATER QUALITY IMPROVEMENT PROJECTS CANAL#28 KEY LARGO, MONROE COUNTY, FL VEHICLE LIABILITY As a minimum, coverage should extend to liability for: • Owned; Non-owned; and Hired Vehicles Required Limits: VL1 $50,000 per Person: $100,000 per Occurrence $25,000 Property Damage or $100,000 Combined Single Limit (The use of VL1 should be limited to special projects that involve other governmental entities or "Not for Profit" organizations. Risk Management must approve the use of this form). ' c� VL2 $200,000 per Person; $300,000 per Occurrence 00 $200,000 Property Damage N or 00 $300,000 Combined Single Limit VL3 _X_ $500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit a VL4 $5,000,000 Combined Single Limit MISCELLANEOUS COVERAGES WL2 X Watercraft Liability $1,000,000 BR1 Builders' Limits equal to the Risk completed project. MVC Motor Truck Limits equal to the maximum Cargo value of any one shipment. N N PRO1 Professional $ 300,000 per Occurrence/$ N� 5007 OOOAgg. LO PR02 Liability $ 500,000 per Occurrence/$1,000,000 Ag PR03 $1,000,000 per Occurrence/$2,000,000 Agg. POL1 Pollution $ 500,000 per Occurrence/$1,000,000 Agg. POL2 X_ Liability $1,000,000 per Occurrence/$2,000,000 Agg POL3 $5,000,000 per Occurrence/$10,000,000 Agg. ED1 Employee $ 107000 INSURANCE REQUIREMENTS AND FORMS 00120-Page 36 of 218 Packet Pg.4098 Q.15.c BACKFILL RESTORATION WATER QUALITY IMPROVEMENT PROJECTS CANAL#28 KEY LARGO, MONROE COUNTY, FL ED2 Dishonesty $100,000 GK1 Garage $ 300,000 ($ 25,000 per Veh) GK2 Keepers $ 500,000 ($100,000 per Veh) GK3 $1,000,000 ($250,000 per Veh) MED1 Medical $ 300,000/$ 750,000 Agg. MED2 Professional $ 500,000/$ 1,000,000 Agg. M E D3 $1,000,000/$ 3,000,000 Agg. M E D4 $5,000,000/$10,000,000 Agg. IF Installation Maximum value of Equipment Floater Installed VLP1 Hazardous $ 300,000 (Requires MCS-90) U VLP2 Cargo $ 500,000 (Requires MCS-90) VLP3 Transporter $1,000,000 (Requires MCS-90) BLL Bailee Liab. Maximum Value of County Property that 00 N will be in the Bailee's possession. U 00 HKL1 Hangar keepers $ 300,000 HKL2 Liability $ 500,000 H KL3 $ 1,000,000 U AIR1 Aircraft $ 1,000,000 AIR2 Liability $ 5,000,000 E AI R3 $50,000,000 0 AE01 Architects Errors $ 300,000 per Occurrence/$ 500,000 Ag AE02 & Omissions $ 500,000 per Occurrence/$1,000,000 AE03 $ 1,000,000 per Occurrence/$3,000,000 Agg. E01 Engineers Errors $ 300,000 per Occurrence/$ 500,000 Agg. E02 & Omissions $ 500,000 per Occurrence/$1,000,000 N E03 $ 1,000,000 per Occurrence/$3,000,000 N� Agg. LO i INSURANCE REQUIREMENTS AND FORMS 00120-Page 37 of 218 Packet Pg.4099 Q.15.c BACKFILL RESTORATION WATER QUALITY IMPROVEMENT PROJECTS CANAL#28 KEY LARGO, MONROE COUNTY, FL WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT: Backfill Restoration Water Quality Improvement Projects Canal #28, Key Largo, Monroe County, Florida BETWEEN MONROE COUNTY, FLORIDA AND U c� 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 N statutes. U 00 In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: U $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 WCUSLH US Longshoremen & Harbor Workers Act - Same as Employer's Liability WCJA Federal Jones Act - Same as Employer's Liability- 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 N of Labor and a Certificate of Insurance, providing details on the Contractor's Excess a Insurance Program. LO T_ 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. c� INSURANCE REQUIREMENTS AND FORMS 00120-Page 38 of 218 Packet Pg.4100 Q.15.c BACKFILL RESTORATION WATER QUALITY IMPROVEMENT PROJECTS CANAL#28 KEY LARGO, MONROE COUNTY, FL GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: Backfill Restoration Water Quality Improvement Projects Canal #28, Key Largo, Monroe County, Florida BETWEEN MONROE COUNTY, FLORIDA AND U c� 00 N U Prior to the commencement of work governed by this contract, the Contractor shall obtain W General Liability Insurance. Coverage shall be maintained throughout the life of the N contract and include, as a minimum: U • Premises Operations • Products and Completed Operations • Blanket Contractual Liability E • Personal Injury Liability 0 • Expanded Definition of Property Damage The minimum limits acceptable shall be: $2,000,000 Combined Single Limit (CSL) 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 N Insured on all policies issued to satisfy the above requirements. Q LO i E c� GL INSURANCE REQUIREMENTS AND FORMS 00120-Page 39 of 218 Packet Pg.4101 Q.15.c BACKFILL RESTORATION WATER QUALITY IMPROVEMENT PROJECTS CANAL#28 KEY LARGO, MONROE COUNTY, FL VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: Backfill Restoration Water Quality Improvement Projects Canal #28, Key Largo, Monroe County, Florida BETWEEN MONROE COUNTY, FLORIDA AND U c� 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. U Coverage shall be maintained throughout the life of the contract and include, as a 00 minimum, liability coverage for: • Owned, Non-Owned, and Hired Vehicles U The minimum limits acceptable shall be: C 0 $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per Person $1,000,000 per Occurrence $ 100,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. N N N LO i c� VL3 ' INSURANCE REQUIREMENTS AND FORMS 00120-Page 40 of 218 Packet Pg.4102 Q.15.c BACKFILL RESTORATION WATER QUALITY IMPROVEMENT PROJECTS CANAL#28 KEY LARGO, MONROE COUNTY, FL PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Worker's Compensation Statutory Limits Employers Liability $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease Policy Limits $1,000,000 Bodily Injury by Disease, each employee US Longshoremen & Harbor Workers Act—Same as Employer's Liability Federal Jones Act—Same as Employer's Liability General Liability, including $2,000,000 Combined Single Limit Premises Operations Products and Completed Operations Blanket Contractual Liability ' Personal Injury Liability Expanded Definition of Property Damage 00 Builder's Risk: Not Required U 00 Watercraft Liability $1,000,000 Pollution Liability $1,000,000 per Occurrence $2,000,000 Agg U Vehicle Liability (Owned, non-owned, and hired vehicles) $1,000,000 Combined Single Limit If split limits are preferred: $ 500,000 per Person E $1,000,000 per Occurrence 0 $ 100,000 Property Damage Hold Harmless and Indemnification. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (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 willful misconduct of N Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's Q default in respect of any of the obligations that it undertakes under the terms of this Agreement, LO except to the extent the claims, actions, causes of action, litigation, proceedings, costs or i 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). 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 Contractors 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 INSURANCE REQUIREMENTS AND FORMS 00120-Page 41 of 218 Packet Pg.4103 ADVEN-1 Q.15.c ,4c'oRo DAT CERTIFICATE OF LIABILITY INSURANCE E( ovo7/2o22 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE7 BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must 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 of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 504-486-5411 CONTACT Accessible Marine Insurance Accessible Marine Insurance PHONE FAX 1145 Robert E Lee Blvd (A/C,No,Ext): 504�86-5411 (A/C,No):504�82-1475 New Orleans,LA 70124 E-MAIL gail@ami-ins.com Eric S.Green ADDRESS: INSURERS AFFORDING COVERAGE NAIC# INSURERA:Capitol Specialty Ins. Company INSURED INSURER B:Great American Ins.Company 22136 Adventure Environmental Inc. Greg Tolpin INSURERC: an StarNet Insurance Company 40045 160 Georgia Avenue Tavernier,FL 33070 INSURER D: INSURER E: � INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: L) THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: cy CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM (� EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE DDL UBR POLICY NUMBER POLICY EFF POLICY EXP 00 LIMITS LTR INSD WVD MMIDD/YYYY MMIDD/YYYY C14 A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,1 L) CLAIMS-MADE Xrl OCCUR EV20190209-04 01/09/2022 01/09/2023 DAMAGE TO RENTED 50,E co X PREMISES Ea occurrence $ C°J APPROVED BY RISK MANAGEMENT MED EXP(Any oneperson) $ 511 BYE. -- = x. ........._ •,.,,,;�"�,.'""- ., PERSONAL&ADV INJURY $ 2,000,1 ,..." ,.. GEN'L AGGREGATE LIMIT APPLIES PER: DATE 6129/�2'022- GENERAL AGGREGATE $ 2,000,1 U X POLICY El PRO-JJECT1:1 LOC WAVER RA�YES_ PRODUCTS-COMP/OPAGG $ 2,000,1 OTHER: $ COMBINED SINGLE LIMIT E AUTOMOBILE LIABILITY Ea accident $ 9= ANY AUTO BODILY INJURY Per person) $ 0 OWNED SCHEDULED °> AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ y DED RETENTION$ $ WORKERS COMPENSATION STATUTE OTH- AND EMPLOYERS'LIABILITY ERY/N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A E (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 0 C M.E.L. BOOM-A-21-2110 08/15/2021 08/15/2022 M.E.L. 1,000,1 B Hull/P&I Liability OMH841008-10 10/12/2021 10/12/2022 P&I Limit 1,000,1 N C14 I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) LO Monroe County and Florida Department of Environmental Protection,3900 Commonwealth Blvd.Tallahassee, FL 32399 shown as additional insured as respects liabilities hereunder. c� CERTIFICATE HOLDER CANCELLATION MONRO05 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. Insurance Compliance P. O. Box 100085-FX AUTHORIZED REPRESENTATIVE Duluth,GA 30096 _/y „ 11�9/� ACORD 25(2016/03) ©1988°-'20�15'ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg.4104 MINGIM . 06/01/2022 Policy number. 03515746 Underwritten by: 41-Progressive Express Insurance Co. NAIC Number: 10193 Certificate of Insurance Certificate Holder Insured Aaent ; Additional Insured Monroe County BOCC Adventure Environmental Inc Butler Buckley Deets Insurance Compliance 160 Georgia Ave 6161 Blue Lagoon#420 c00 0 PO Box 100085-FX Tavemier, FL 33070 Miami, FL 33126 U Deluth,GA 30096 00 cN U a 0 This document certifies that insurance policies identified below have been issued by the designated insurer to the insured named above W for the periods)indicated.This certificate is issued for information purposes only. It confers no rights upon the certificate holder and does not change,alter,modify,or extend the coverages afforded by the policies listed below.The coverages afforded by the policies listed below are subject to all the terms,exclusions,limitations,endorsements,and conditions of these policies. Liability coverage may not apply to all scheduled vehicles. Policy Effective Date: Policy Expiration Date: 06/11/2022 06/11/2023 Insurance coverage(s) Urnits N N Bodily Injury Property Damage-Combined Single Limits $1,000,000 per occurrence Ni Hired Auto Liability $1,000,000 per occurrence LO Employer Non-Owned Auto Liability $1,000,000 per occurrence i E 0 ATr 0 � ,vrs NA DES®, Packet Pg.4105 Q.15.c Description of LocationIVehicleslSpecial Items Scheduled autos only 2014 Chevrolet Silverado C2500 VIN 1GC1 CVCG7EF187484 Comprehensive$1,000 Deduct!ble/Collision$1,000 Deductible 2015 Chevrolet Silverado C2500 VIN 1GC2GUEG1FZ541060 Comprehensive$1,000 Deduct!ble/Gollision$1,000 Deductible 2017 Chevrolet Silverado C2500 VIN 1GC1 KUEGOHF207993 Comprehensive$1,000 Deductible/Collision$1,000 Deductible 2018 Chevrolet 2500 HD VIN 1GCIKUEGXJF134539 Comprehensive$1,000 Deduct!ble/Collision$1,000 Deductible 2019 Chevrolet K2500 VIN 1GG1KTEYOKF112991 Comprehensive$1,000 Deduct!ble/Gollision$1,000 Deductible 2002 KW T80 VIN 1NKDLT9X12J894497 Comprehensive$1,000 Deductible/Collision$1,000 Deductible 2014 PTRB 388 VIN 1NPWX4EX5ED226224 Comprehensive$1,000 Deduct!ble/Gollision$1,000 Deductible 2006 INTL 740 VIN 1HTWGAAN16J370901 Comprehensive$1,000 Deduct!ble/Gollision$1,000 Deductible 2009 Chevrolet Silverado C3500 VIN 1GBJC74K99E105480 Comprehensive$1,000 Deductible/Collision$1,000 Deductible 2019 Chevrolet Suburban C1500 VIN 1GNSKJKJ6KR262447 Comprehensive$1,000 Deduct!ble/Collision$1,000 Deductible 2020 Chevrolet Silverado C2500 VIN 1 GC4YPEY7LF1 05587 Comprehensive$1,000 Deduct!ble/Gollision$1,000 Deductible 2020 Chevrolet Silverado C2500 VIN 1 GC4YPEYOLF1 54498 Comprehensive$1,000 Deduct!ble/Collision$1,000 Deductible U c� 00 cN U 00 cN U Certificate number a 15222W2E746 0 E CN cN cN LO I E c5 Please be advised that additional insureds and loss payees will be notified in the event of a mid-term cancellation. Form 5241(05116) Packet Pg.4106 PROMEWYE' Adventure Environmental Inc 160 Georgia Ave Tavernier, FL 33070 w CO CN U CO CN U E a 0 w E CN CN CD CN LO E Packet Pg.4107 Q.15.c ,CIE NA Y WAIVER OF SUBROGATION ENDORSEMENT This endorsement modifies insurance provided under the following: Commercial Auto Policy Motor Truck Cargo Legal Liability Coverage Endorsement Commercial General Liability Coverage Endorsement U c� We agree to waive any and all subrogation claims against the person or organization 00 designated below. N 00 Monroe County BOCC Insurance Compliance U PO Box 100085-FX Deluth,GA 30096 a 0 This endorsement applies to Policy Number: 03515746 Issued to: Adventure Environmental Inc Endorsement Effective: 06/11/2022 Expiration: 06/11/2023 All other terms,limits and provisions of this policy remain unchanged. N N i T- i E c� Form 8610(02/19)M_CL Packet Pg.4108 Adventure Environmental Inc. ADVEN-1 PA Q.15.0 NOTEPAD INSURED'SNAME OP ID: GB Date 01/07/2022 Contractors Pollution Liability: Insurer: Rockhill Insurance Company Policy#: EV20190209-04 Policy Period: 01/09/22 - 01/09/2023 Claims Made Aggregate Limit: 2,000,000 Each Contractors Pollution Condition Limit: 2,000,000 Blanket Additional Insured/ Waiver of Subrogation Professional Liability: Insurer: Rockhill Insurance Company Policy#: EV20190209-04 Policy Period: 01/09/22 - 01/09/2023 Aggregate Limit: 2,000,000 Each Professional Services Incident Limit: 2,000,000 �9 Commercial General Liability Conditions: Deductible Liability Endorsement U Exclusion - Testing or Consulting Errors and Omissions _ Total Pollution Exclusion Endorsement Additional Insured - Owners, Lessees or Contractors - Scheduled Person or Organization Exclusion-Violation of Statutes that Govern Emails, Fax, Phone Calls or 00 Other Methods of Sending 00 Exclusion - Punitive or Exemplary Damages fey Amended Waiver of Subrogation Exclusion - Engineers, Architects or Surveyors 00 CN - Exterior Insulation and Finish Systems Exclusion - Professional Services Primary/Non-Contributory Coverage-Blanket - When req. by written contract Additional Insured - Managers or Lessors of Premises U Toxic Drywall Exclusion Separation of Insureds Independent and/or Subcontractor Restriction E Contractors Pollution Liability (Claims-Made) Conditions: Additional Insured - Owners, Lessees or Contractors (Broad Wording) Amended Waiver of Subrogation Toxic Drywall Exclusion Professional Liability Conditions: War or Terrorism Exclusion Additional Insured - Owners, Lessees or Contractors E �9 CN CN CN LO Hull & Machinery / Protection & Indemnity: Terms and Conditions applicable to All Sections: Severability Terms and Conditions applicable to Hull: A. I. Coastwise and Inland Hull Clauses Deliberage Damage (Pollution Hazard) O Engines & Machinery - ACV / Limited Perils Only No Lay Up Warranty No Release to Tower Warranty Seaworthiness Clause Total Loss Hull Premium Earned Clause Vessel Stability Additional Insured as respects P&I Packet Pg.4109 Adventure Environmental Inc. ADVEN-1 PA Q.15.0 NOTEPAD INSURED'SNAME OP ID: GB Date 01/07/2022 Terms and Conditions applicable to P&I: SP-38 Form Collision Clause including Tow & Extended Tower's Liability Collision Liability - P&I Extension Diving & Swimming Exclusion Food & Beverage Exclusion Health Hazard Exclusion Liability Limitation No Release to Tower Warranty P&I Crew Exclusion: Notwithstanding anything contained in the Protection and Indemnity Clauses herein to the contrary, it is understood and agreed that this Company shall not be liable for any loss, expense or claim to employees of the Assured, members of the crew, contractors or subcontractors Punitive/Exemplary Damages Exclusion Special Operations Exclusion �9 Contractor's Equipment: Policy No. : IMP 5305782-05 Policy Period: 01/26/2021 to 01/26/2022 U - Owned Equipment $75,000 _ - Leased/Rented Equipment any one item limit $200,000 ' - Leased/Rented Equipment all items limit $400,000 M.E.L. 00 -Maritime Employers Liability Coverage Form 00 -Transportation, Wages, Maintenance & Cure fey -Notice of Cancellation: 30 days (except 10 days of nonpayment of premium) -Death on the High Seas Clause 00 -In Rem Liability N -Blanket Waiver of Subrogation U E This certificate of insurance neither affirmatively nor negatively alters, amends, or extends the coverage afforded by Policy(ies) issued by the Insurer(s) listed on this certificate. �9 N CN CN LO I 4i E c5 Packet Pg.4110 Da CERTIFICATE OF LIABILITY INSURANCE 12/7 Q'15.c Producer: Plymouth Insurance Agency This Certificate is issued as a matter of information only and confers no 2739 U.S. Highway 19 N. rights upon the Certificate Holder. This Certificate does not amend,extend Holiday, FL 34691 or alter the coverage afforded by the policies below. (727) 938-5562 Insurers Affording Coverage NAIC# Insured: South East Personnel Leasing, Inc. &Subsidiaries Insurer A: Lion Insurance Company 11075 2739 U.S. Highway 19 N. InsurerB: Holiday, FL 34691 Insurer C: Insurer D: Insurer E: Coverages 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. Aggregate limits shown may have been reduced by paid claims. INSR ADDL Policy Effective Policy Expiration Date Limits LTR INSRD Type of Insurance Policy Number Date (MM/DD/YY) (MM/DD/YY) GENERAL LIABILITY Each Occurrence Commercial General Liability Damage to rented premises(EA I) Claims Made ❑ Occur occurrence) ARPRO'VED ipY YtW'K MANAGEMENT Med Exp � fr7t )� O7 Personal Adv Injury General aggregate limit applies per: -- 00 WA„VER,NpA YES General Aggregate CN Policy ❑Project ❑ LOC —' —' O Products-Comp/Op Agg 00 AUTOMOBILE LIABILITY Combined Single Limit N (EA Accident) Any Auto Bodily Injury U All Owned Autos (Per Person) Scheduled Autos Hired Autos Bodily Injury Non-Owned Autos (Per Accident) Property Damage 0_ (Per Accident) EXCESS/UMBRELLA LIABILITY Each Occurrence Occur ❑Claims Made Aggregate ' Deductible R > A Workers Compensation and WC 71949 01/01/2022 01/01/2023 x I WC Statu- OTH- Employers'Liability tory Limits ER E.L.Each Accident $1,000,000 Any proprietor/partner/executive officer/member excluded? NO E.L.Disease-Ea Employee $1,000,000 If Yes,describe under special provisions below. E.L.Disease-Policy Limits $1,000,000 tY Other i Lion Insurance Company is A.M. Best Company rated A(Excellent). AMB# 12616 c14 Descriptions of O erations/Locations/Vehicles/Exclusions added b Endorsement/Special ecial Provisions: c� P P Y P Client ID: 80 65 323 LID Coverage only applies to active employee(s)of South East Personnel Leasing,Inc.&Subsidiaries that are leased to the following"Client Company": I Adventure Environmental,Inc. Coverage only applies to injuries incurred by South East Personnel Leasing,Inc.&Subsidiaries active employee(s),while working in: FL. Coverage does not apply to statutory employee(s)or independent contractor(s)of the Client Company or any other entity. A list of the active employee(s)leased to the Client Company can be obtained by faxing a request to(727)937-2138 or email certificates@lioninsurancecompany.com Project Name: INCLUDES USL&H. GREGORY J.TOLPIN,LICENSE#CGC1506411 and#CUC1223905,AS QUALIFIER. WAIVER OF SUBROGATION APPLIES IN FAVOR OF MONROE COUNTY BOCC. ISSUE 06-11-21 (PH) tseclin uate-1 IS Colo CERTIFICATE HOLDER CANCELLATION MONROE COUNTY BOCC Should any of the above described policies be cancelled before the expiration date thereof,the issuing insurer will endeavor to mail 30 days written notice to the certificate holder named to the left,but failure to INSURANCE COMPLIANCE do so shall impose no obligation or liability of any kind upon the insurer,its agents or representatives. P.O.BOX 100085-FX DULUTH, GA 30096 Packet Pg.4111 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE WC 00 Q•15.c POLICY (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from FU us.) - This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule MONROE COUNTY BOCC U INSURANCE COMPLIANCE c� P.O. BOX 100085 — FX 00 CN DULUTH, GA 30096 U 00 CN U a 0 E CN CN This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. CN LO (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Insured: South East Personnel Leasing,Inc. ,i Insurance Company:Lion Insurance Co. Countersigned by: Policy 4:WC 71949 E Effective: 01/01/2022-01/01/2023 Client: Adventure Environmental,Inc. WC 00 03 13 (Ed.4-84) ©1983 National Council on Compensation Insurance. Packet Pg.4112