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Item C15
C.15 County of Monroe P W ;� w 1rJ� BOARD OF COUNTY COMMISSIONERS r,�� Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5 y Michelle Lincoln,District 2 James K.Scholl,District 3 Ij David Rice,District 4 County Commission Meeting March 22, 2023 Agenda Item Number: C.15 Agenda Item Summary #11814 BULK ITEM: Yes DEPARTMENT: Engineering/Roads TIME APPROXIMATE: STAFF CONTACT: Clark Briggs (305) 295-4306 N/A AGENDA ITEM WORDING: Approval to award bid and approve a contract with The Stout Group, LLC, the lowest responsive bidder for the Key Deer Boulevard Roadway Repairs Project in Big Pine Key in the amount of$1,834,110.00. ITEM BACKGROUND: Geotechnical investigation confirmed that there are three areas on the south portion of the road that are subsiding and need to be repaired just North of the intersection of US 1 and Key Deer Boulevard. The Key Deer Boulevard Roadway Repairs Project was advertised for bids on January 12, 2023. Two bid was received on February 28, 2023, from Charley Toppino and Sons, Inc. and The Stout Group, LLC with the Stout Group LLC, being the lowest responsive bidder, for $1,834,110.00. PREVIOUS RELEVANT BOCC ACTION: In September 2021 the BOCC approved a task order with Cardno, Inc. for Professional Engineering Services for the Key Deer Boulevard Roadway Repairs Project. CONTRACT/AGREEMENT CHANGES: New contract STAFF RECOMMENDATION: Approval of contract. DOCUMENTATION: Monroe County - The Stout Group LLC Contract- SIGNED COI FINANCIAL IMPACT: Effective Date: 3/22/2023 Packet Pg. 660 C.15 Expiration Date: 120 days after Notice to Proceed is issued. Total Dollar Value of Contract: $1,834,110.00 Total Cost to County: $1,834,110.00 Current Year Portion: $1,834,110.00 Budgeted: Yes Source of Funds: 27014-SC_00122 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Yes Additional Details: REVIEWED BY: Judith Clarke Completed 03/06/2023 3:07 PM Christine Limbert Completed 03/06/2023 5:57 PM Purchasing Completed 03/07/2023 8:33 AM Budget and Finance Completed 03/07/2023 8:35 AM Brian Bradley Completed 03/07/2023 9:33 AM Lindsey Ballard Completed 03/07/2023 9:37 AM Board of County Commissioners Pending 03/22/2023 9:00 AM Packet Pg. 661 C.15.a Standard Form of Agreement Between Owner and Contractor Where the basis ofpayment is a STIPULATED SUM AGREEMENT 0 c� Made as of the day of in the year of Two Thousand and Twenty Three. 0 c� BETWEEN the Owner: Monroe County Board of County Commissioners ("BOCC") 1100 Simonton Street °- Key West, Florida 33040 ("Owner") 0 0 And the Contractor: THE STOUT GROUP, LLC 10850 NW 138 ST, Bay #3 Hialeah Gardens, FL 33018 ("Contractor") For the following Project: Key Deer Boulevard Roadway Repairs Project z_ Big Pine Key Monroe County, Florida ("Proj ect") Oversight for Owner: Monroe County Engineering Services Dept. 1100 Simonton Street, RM 216 U c, Key West, Florida 33040 U Engineer: Cardno, Inc. 11400 Overseas Hwy. 0 Marathon, FL 33050 The Owner and Contractor agree as set forth below. n ARTICLE 1 The Contract Documents 0 The Contract Documents consist of this Agreement, Conditions of the Contract (General, 0 Supplementary and other Conditions), Drawings, Specifications, Insurance Requirements and Documents, Milestone Schedule, Bid Documents and Contractor's Bid, Addenda issued prior to 2 execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement. These form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. 12/5/22 CONTRACT DOCUMENTS 00500-1 Packet Pg. 662 C.15.a Notice Requirement All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: °0 Ms. Judith Clarke, P.E. Director of Engineering Services Monroe County ,0 1100 Simonton Street, Room 2-216 Key West, Florida 33040 0 c� For the Contractor: Jose M. Sanchez The Stout Group, LLC. 10850 NW 138 ST, Bay 3 0 Hialeah Gardens, FL 33018 0 ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: 0 U Scope of Work is as specified in the Contract Documents and shown on the Drawings and in the U specifications. The contract constitutes the entire and exclusive agreement between the Owner and the Contractor with reference to the Key Deer Boulevard Roadway Repairs Project. 0 ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner as stated in Section 00350, milestone schedule. Unless the date of commencement is established by a notice to U proceed issued by the Owner, the Contractor shall notify the Owner, in writing not less than five days 0 before commencing the Work. 0 The date of commencement shall be the date specified in the Notice to Proceed issued to the Contractor. c� 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than 120 calendar days after the Date of Commencement, subject to adjustments of the Contract Time as provided by the Contract Document. 12/5/22 CONTRACT DOCUMENTS 00500-2 Packet Pg. 663 C.15.a LIQUIDATED DAMAGES Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extension in time as set forth by the Owner's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. °0 FIRST SECOND 31st DAY& CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER 0 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 $500,000.0 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 0 an extension of time on the Contract. > 0 Uncontrollable Circumstance 3.3 Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, W without such Party's fault or negligence and that by its nature could not have been foreseen by such 0 Party or, if it could have been foreseen, was unavoidable: (a) acts of(mod; (b) flood, fire, earthquake, LO explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic a area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this U Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the i Project;(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within 7 days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such 0 Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable LO Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a no cost Change Order for such reasonable time as the Owners Representative may determine. U ARTICLE 4 0 0 Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the E Contract, for the Key Deer Boulevard Roadway Repairs Project the Contract Sum of ONE MILLION EIGHT HUNDRED THIRTY FOUR THOUSAND ONE HUNDRED TEN DOLLARS, ($1,834,110.00), subject to additions and deductions as provided in the Contract Documents. 12/5/22 CONTRACT DOCUMENTS 00500-3 Packet Pg. 664 C.15.a 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: None 4.3 Unit prices, if any, are as follows: As specified in Section 00110. ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Owner, and upon Project Applications and Certificates for Payment, the Owner shall make progress payments on account 0 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. 5.3 County shall pay pursuant to the Local Government Prompt Payment Act 218.70 Florida Statutes. 0 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Owner may require. This schedule, unless W objected to by the Owner, shall be used as a basis for reviewing the Contractor's Applications for 0 Payment. c� 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 0 U U 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 0 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Five percent (5%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Owner. When both additions and credits covering related U Work or substitutions are involved in a change the allowance for overhead and profit shall be figured 0- on the basis of net increase, if any, with respect to that change. a 2 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and a 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 of Five percent(5%): 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 12/5/22 CONTRACT DOCUMENTS 00500-4 Packet Pg. 665 C.15.a 5.6.4 Subtract amounts, if any, for which the Owner has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified _ under the following circumstances: ao 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety-five percent(95%) of the Contract Sum, less such amounts as the Owner recommends and determines for incomplete Work and unsettled claims; and 0 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 0 5.8 Reduction or limitation of retainage, if any, shall be as follows: None ARTICLE 6 0 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for W the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of 0 the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment: and (2) a Final Project Certificate for Payment has been issued by the Project Manager: such final payment shall be made by the Owner not more than 20 days after the issuance of the Final Project Certificate for Payment. 0 U U 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 Payments due and unpaid under the Contract shall bear interest pursuant to the Local Government Prompt Payment Act 218.735 U 0 0 7.3 Temporary facilities and services: None. 2 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. 7.5 Public Entities Crimes By signing this Agreement, Contractor represents that the execution of this Agreement will not violate the Public Entities Crime Act (Section 287.133, Florida Statutes). 12/5/22 CONTRACT DOCUMENTS 00500-5 Packet Pg. 666 C.15.a Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto and may result in debarment from County's competitive procurement activities. In addition to the foregoing, Contractor further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or �o whether Contractor has been placed on the convicted vendor list. Contractor will promptly notify the County if it or any subcontractor is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. A person or 0 affiliate who has been placed on the convicted vendor list following a conviction for public entity i crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or 0 public work, may not submit bids on leases of real property to public entity, may not be awarded or a perform work as contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being 0 placed on the convicted vendor list. 0 7.6 The following items are part of this contract: a) Maintenance of Records: Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with 0 generally accepted accounting principles consistently applied. Each party to this rn 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 four years following the termination of this 0 Agreement. If an auditor employed by the County or Clerk determines that monies U paid to Contractor pursuant to this Agreement were spent for purposes not authorized CL 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) Right to Audit:Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records a (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; 0 correspondence; change order files (including documentation covering negotiated 0 settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other 0 supporting evidence deemed necessary by Owner to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in Owner's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document(all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner. Owner may also conduct verifications such as, but not limited to, counting employees at the job 12/5/22 CONTRACT DOCUMENTS 00500-6 Packet Pg. 667 C.15.a site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for seven(7)years after Final Completion. c) 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 0 applicable to contracts made and to be performed entirely in the State. a� In the event that any cause of action or administrative proceeding is instituted for the 0 enforcement or interpretation of this Agreement, the County and Contractor agree t that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. This Agreement shall not be subject to arbitration. 0 d) 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, 0 covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remainingterm covenant condition and provision of this Agreement shall P g be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. e) Attorney's Fees and Costs: The County and Contractor agree that in the event any 0 cause of action or administrative proceeding is initiated or defended by any parry U relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs, as an award against the non-prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. f) 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. U 0 0 g) Authority: Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County 2 and corporate action, as required by law. h) Claims for Federal or State Aid: Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of funding that effect the Project will be provided to each party. 12/5/22 CONTRACT DOCUMENTS 00500-7 Packet Pg. 668 C.15.a i) 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, 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. �o These include but are not limited to: 1) Title V11 of the Civil Rights Act of 1964 (PL 88-352)which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss.1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of 0 the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 0 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended a relating to nondiscrimination on the basis of drug abuse; 6)The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91- 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or 0 alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title V111 of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of 0 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; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the 0 parties to, or the subject matter of, this Agreement. U j) Covenant of No Interest: County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or 0 6 degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. k) 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 U compensation; misuse of public position, conflicting employment or contractual 0- relationship; and disclosure or use of certain information. Contractor warrants that a he/it had not employed, retained or otherwise had act on his/its behalf any former 2 County officer or employee subject to the prohibition of Section 2 of Ordinance a No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990.For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 12/5/22 CONTRACT DOCUMENTS 00500-8 Packet Pg. 669 C.15.a 1) 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 v0 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. 0 c� m) Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of 0 article I of the Constitution of Florida. The County and Contractor shall allow and a permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and 0 Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a W prevailing party, be entitled to reimbursement of all attorney's fees and costs 0 associated with that proceeding. This provision shall survive any termination or LO expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in 0 order to comply with this provision. U 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 a copy of the 0 requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the U County. 0 (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 2 County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and U 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. 12/5/22 CONTRACT DOCUMENTS 00500-9 Packet Pg. 670 C.15.a (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's �o option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section119.10, Florida Statutes. 0 c� The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. 0 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, 8. 0. BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY- S BRIAN(&MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. n) Non-Waiver of Immunity: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability U 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. 0 o) Privileges and Immunities: All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules, pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 0 0 p) 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 0 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 a 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. 12/5/22 CONTRACT DOCUMENTS 00500-10 Packet Pg. 671 C.15.a q) Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this �o Agreement. r) Attestations: Contractor agrees to execute such documents as the County may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free 0 Workplace Statement. s) No Personal Liability: No covenant or agreement contained herein shall be deemed 0 to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or a 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. 0 t) Execution in Counterparts: This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. W u) Section Headings: Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 0 U v) Special Conditions, if any are detailed in Section 01000 of the Project Manual for this U Proj ect. w) Hold Harmless and Indemnification: Notwithstanding any minimum insurance 0 requirements prescribed elsewhere in this agreement, the Contractor covenants and agrees that he shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees, and FLORIDA DEPARTMENT OF TRANSPORTATION harmless from and against (i) claims, actions or causes of action, (ii) 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) costs or expenses that may be asserted against, initiated with respect to, or sustained by the County and the COUNTY's elected and appointed officers and U employees from liabilities damages, losses and costs, including but not limited to, reasonable 0 attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful a misconduct of the Contractor and persons employed or utilized by the indemnifying party in the 2 performance of the construction contract. The monetary limitation of liability under this contract shall a be not less than $1 million per occurrence pursuant to F. S. 725.06. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. 12/5/22 CONTRACT DOCUMENTS 00500-11 Packet Pg. 672 C.15.a In the event the completion of the project(including the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within General Insurance Requirements Section 900. In the event any claims are �o brought or actions are filed against the County with respect to the indemnity contained herein, the Contractor agrees to defend against any such claims or actions regardless of whether such claims or actions are rightfully or wrongfully brought or filed. The Contractor agrees that the County may select the attorneys to appear and defend such claims or actions on behalf of the County. The 0 Contractor further agrees to pay at the Contractor's expense the attorneys' fees and costs incurred by i those attorneys selected by the County to appear and defend such actions or claims on behalf of the County at both the trial and appellate levels. The County at its sole option, shall have the sole 0 authority for the direction of the defense, and shall be the sole judge of the acceptability of any a compromise or settlement of any claims or actions against the County. x) Adjudication of Disputes or Disagreements: COUNTY and CONTRACTOR agree 0 that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. The CONTRACTOR and COUNTY Representative shall try to resolve the claim or dispute with meet and confer sessions. If the issue or issues are still not resolved to the satisfaction of the parties, then any parry shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of paragraph x or Article 8.1 0 concerning termination or cancellation. c� y) Cancellation: In the event that the Contractor shall be found to be negligent in any aspect of installation, stocking, maintenance, repair, or service, the County shall have the right to 0 terminate this agreement after five days written notification to the Contractor. U z) Cooperation: In the event any administrative or legal proceeding is instituted against either parry relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other parry, 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 parry to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. aa) Insurance: Prior to commencement of work the Contractor will provide satisfactory U evidence of insurance as required in Specification Section 00900 General Insurance Requirements for 0- Construction Contractors and Subcontractors. The Contractor shall name the Florida Department of a Transportation and Monroe County Board of County Commissioners, its employees and officials as 2 "Additional Insured" on all policies except for Worker's Compensation. 7.7 Ownership of the Project Documents: The documents prepared by the Contractor for this Project belong to the County and may be reproduced and copied without acknowledgement or permission of the Contractor. 12/5/22 CONTRACT DOCUMENTS 00500- 12 Packet Pg. 673 C.15.a 7.8 Successors and Assigns: The Contractor shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into _ any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Subject to the provisions of the immediately preceding sentence, each �o party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. a� 7.9 No third Party Beneficiaries: Nothing contained herein shall create any relationship, 0 contractual or otherwise, with or any rights in favor of, any third party. 7.10 Americans with Disabilities Act of 1990 (ADA) - The CONTRACTOR will comply with all the 0 requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, a and the assurance by the CONTRACTOR pursuant thereto. 7.11 E-Verify System - Beginning January 1, 2021, in accordance with F.S. 448.095, the Contractor and 0 any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that 0 the subcontractor does not employ, contract with, or subconstruct with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of F.S. 448.095 0 U ARTICLE 8 U Termination or Suspension 0 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. a� 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. Article 9 U a) 0 Enumeration of Contract Documents 2 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: See Article 1 E c� 9.1.1 The Agreement is this executed Standard Form of Agreement between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 12/5/22 CONTRACT DOCUMENTS 00500-13 Packet Pg. 674 C.15.a 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated December 2022 and are as follows: As listed in Table of Contents, Section 00001 of the Project Manual for this project. 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: c3 As listed in Table of Contents, Section 00001 of the Project Manual for this project. 9.1.5 The Drawings are as follows, and are dated on each individual drawing unless a different date is shown below: Cardno, Inc. Signed and Sealed Plans dated December 1, 2022 Sheets 1 thru 14 0 9.1.6 The Addenda, if any, are as follows: Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. - 9.1.7 Other documents, if any, forming part of the contract Documents are as follows: Monroe 0 County Bid Form in Section 00110. d See Article 1. c� 0 U U CL 0 0 U 0 0 0 c� 12/5/22 CONTRACT DOCUMENTS 00500-14 Packet Pg. 675 IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first written above in counterparts, each of which shall,without proof or accounting for the other counterparts, be deemed an original contract. as as as (SEAL) BOARD OF COUNTY COMMISSIONERS 0 Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA 0 By: By As Deputy Clerk Mayor/Chairman 4- 0 Date MONROE COUNTY ATTORNEY clwt 0 CHRIST NE UMBERT-BARROWS kj Gq ASSISTANT COUNTY ATTORNEY CL 0 DATE 3.16123.................. CL W So, z THE STOUT GR LLC 0 2012 test: co ORVD�* By: By: 0 U U Title: Member Title: Managing Member CL :3 0 as U (D 0 0 (D E 0 12/5/22 CONTRACT DOCUMENTS 00500-15 1 Packet Pg. 676 C.15.a Key Deer Boulevard Roadway Repairs Project NON-COLLUSION AFFIDAVIT 1, of the city of according to law on my oath,and Jose M Sanchez Hialeah Gardens under penalty of perjury, depose and say that; l. 1 am Manager of the firm of Tlie tout (croup, LLC ,the bidder making the Proposal for the project described in the Request for Competitive Solicitations for: 0 ev eer°Boulevard Roadwav e airs . ro' t Monroe County,Florida and that I executed the said proposal with full authority to do so; 2.) the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter 0 76 relating to such process with any other bidder or with any competitor; 0 CL 3.) unless otherwise required by law, the prices which have been quoted in this bid have not been CL knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder and will not be knowingly disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor, and 4.) no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition, 5.) the statements contained in this affidavit are true and correct, and made with full knowledge that 0 Monroe County relies upon the truth of the statements contained in this affidavit in U awarding contracts for said project. ... ., CL 02L27123 0 m. Sig ature Bidder),,,,," (Date) � 0 STATE OF: Florida COUNTY OF: Miami Dade Subscribed and sworn to (or affirmed) before me, by means of 09 physical presence or Cl online 0 notarization, on 02/27/23 (date) by Jose M Sanchez (name of affiant). He/She is personally known to rye or has produced (type of identification) as 0 identification. Y LIC OTAR 6 T My commission expires: 01/07/26 Notary Public-State of Florida P Commission;N}i 205674 or fl!f y Comm.Expires Jan 7,2026 --'�12/5/22 B71DPROPOSALBonded through National Notary Assn, 12/5/22 131D PROPOSAL 10_6 Packet Pg. 677 C.15.a Key Deer Boulevard Roadway Repairs Project LOBBYINGCONFLICT OF INTERES CLAUSE SWORN STATEMENT E C 99 MONROE COUNTY,F A The Stout Group, LLC � (Company) warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County, officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the 0 County may, in its discretion,, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage., gift, or consideration paid to the former County officer or employee". 0 " 02/ 7/23 (Sign tur (Date) „....�....,. 4- STATE OF lorida 0 COUNTY OF Miami Cade CL Subscribed and sworn to (or affirmed) before me, by means of physical presence or ® online notarization„ on 02/27/ 3 (date) by Jose Its Sanchez (name of affiant). c� He/She is personally known to me or has produced Known (type of U identification) as identification. CL 4 tYu'•.. rvrE zul UAGA NO WAR Yg-Pt J Notary Public.State of Florida Commission#NH 2O5674 '","V MY Comm.Expires Jan 7,2026 0 Bonded through National Notary Assn. My commission expires: 01/07/26 0 U 0 0 0 4i c� 1215122 BID PROPOSAL 00110- 7 Packet Pg. 678 C.15.a Key Deer Boulevard Roadway Repays Project aJ g WORKPLACE FORM The undersigned Contractor in accordance with Fl. Statute 287.087 hereby certifies that: 'The Stout Group, LLC (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions 0 that will be taken against employees for violations of such prohibition. 2. Inform such employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs,and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). 0 76 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employees will abide by the terms ofCL the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenders to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than five(5)days after such conviction, 5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or , rehabilitation program if such is available in the employee's community, or any erriployee who is so convicted. 0 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of L) this section. L) CL As a person authorized to sign the statement,I certify that this firm complies fully with the above requirements. 0 s as Florida STATE OF: Bidde s S� tut � COUNTY OF; Miami Dade U Subscribed and sworn to(or affirmed)before me,by means of CKphysical presence or❑ online notarization,on 02/27/2 Jose Sanchez � ._. (date)by (name of affiant). He/She is personally known to me or has produced Known (type of identification)as identification. { q au''•. YVETTE ZULUAGA il Notary Public-State of Florida ARY p IC _1,"' Commission 9 HH 2O5674 M Commission Ex ires. 01/07/26 ue My Comm.Expires Jan r,2026 y p Bonded through National Notary Assn. 12/5/22 00110- 8 Packet Pg. 679 C.15.a Key Deer Boulevard Roadway Repairs Project PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR.under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in. Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted 0 vendor list." c� l have read the above and state that neither. The Stout Group, LL (Proposers name) c� nor any Affiliate has been placed on the convicted vendor list within the last 36 months. le INN, 0 02/27/23 > (Sigatur ate) STATE OF: Florida COUNTY OF: Miami Cade Subscribed and sworn to (or affirmed) before me, by means of IX physical presence or ® online t0 notarization, on the 27 day of February 2023 by U Jose M Sanchez (name of affiano. He/She is personally known to me or has produced Known (type of identification) as identification. 0 U lVly Commission Expires: 0110712 RM ME ru�UAGAblic-State of Florida �ission#HH 2O5674 0 .Expires Jan 7,2026h National Notary Assn. NidTARY PUEtIC ° 12/5/22 BID PROPOSAL 00110-9 Packet Pg. 680 C.15.a Key Deer Boulevard Roadway Repairs Project Bid Bond The Stout Group,LLC KNOW ALL MEN BY THESE PRESENT'S,that we 108mrami N.W. 138th Street,Bay#3 (Here insert full name and address or legal title of Contractor) Berkley Insurance Company 476 Steamboat Road as Principal,hereinafter called the Principal,and Greenwich CT 06830 (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of Delaware Monroe County Board of County 0 1100 Simonton Street as Surety,hereinafter called the Surety,are held and firmly bound unto Key west.FL 33040 (Here insert full name and address or legal title of Owner) 0 as Obligee,hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars($ 5%of Amount Bid ) 4- for the payment of which sum well and truly to be made,the said Principal and the said Surety, bind ourselves, o our heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. y 0 Key Deer Boulevard Roadway Repairs Project CLWHEREAS,the Principal has submitted a bid for BID-481-0-2023/la _____ _ CL (Here insert full name.address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall-enter a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work U covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. U Signed and sealed this 2th day of February 2023 CL ---- 0 The Stout Group, LLC {Witnes ) (Principal) (Seal) 0 it Berkley Insurance Company 0 "" " et A. Schulz (Surety) (Seal) U t Brett Rosenitsus (Tithe) Attorney-in-Fact& o FL Licensed Agent a� c� 1215/22 BID PROPOSAL 00110- 10 Packet Pg. 681 No. - 92e C.15.a POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON,DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware,having its principal office in Greenwich,CT,has made,constituted and appointed,and does by these presents make,constitute and appoint: Brett Rosenhaus or Dale A. Belis of Acrisure,LLC dba Nielson, Rosenhaus & Associates of Delray Beach, FL its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed One Hundred Million and 00/100 U.S. Dollars (U.S.$100,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, 0 without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following U resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010.1 RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief ces Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such - attorney-in-fact and revoke any power of attorney previously granted;and further RESOLVED,that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances; or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the CL manner and to the extent therein stated;and further 0. RESOLVED,that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company;and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company,notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. 0 1N WITNESS WIEREOF,the Company has caused these presents to,be signed and attested by its appropriate off cers and its U corporate seal hereunto affixed this 25th day of March , 2020 U �a��annnr�. Attest. Berkl Insurance Company 0 SEAL By By ederman Je after H Executive Vice President&Secretary Se ' e resident STATE OF CONNECTICUT) , ss: COUNTY OF FABkMLD ) Sworn to before me,a Notary Public in the State ,of Connecticut,this day of March ,by Ira S. Lederman e U and Jeffrey M. Hafirr who are sworn to me to be the Executive Vice President Secretary, and Senior Vice President,EN 0 respectively,ofBerldey l:nsivance Company. M'RornRY Pi7BAK My COMMISSION EX IRE 0 APRII-ao,=4 otary Public,State of Connecticut CERT ICA.TE I,the undersigned,Assistant Secretary of BE�RKLEY INSURANCE COMPANY,DO HEREBY CEIt T FY that the foregoing is a true,correct aad complete copy of the original Power of Attorney;that said Power of Attorney has not been revoked or rescinded an authority of'the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of ched,is in full force and effect as of this date. der my hand and seal of the Company,this 28th day of Febru 023 SEAL °EcavrA`` Vincent P.Forte Packet Pg. 682 C.15.a Key Deer.Boulevard Roadway Repairs Project Bidder's te "The Insurance requirements are set forth in Section 00900 of the project manual as follows: s � e Hire ere. s Worker's Compensation Statutory Limits Employer's Liability WC3 $1,000,000/$1,000,000/$1,000,000 0 c� General Liability GL3 $1,000,000 Combined Single Limit 0 c� Vehicle Liability VL3 $500,000 per person; $1,000,000 per occurrence (Owned,hired and $100,000 Property Damage Non- owned Vehicles) or - $1,000,000 Combined Limit 0 I understand the insurance that will be mandatory if awarded the contract and will comply in full with < all these requirements. All insurers shall have an A.M.Best rating of VI or better and shall be licensed to do business in.the state of Florida. c� The Stout Group, LL �-" � �° - 02/2�T/23 c0 Name of Business in•� - a re Date U CL 0 0 U 0 0 0 c� 12/5/22 BID PROPOSAL 001 10- 1 1 Packet Pg. 683 Key Deer Boulevard Roadway Repairs Project Project Key Deer Boulevard Roadway Repairs Project Description(s): Respondent Vendor Name: The Stout Group, LLC Vendor FEIN: 45-5312119 Vendor's Authorized Representative Name and Title:Jose M Sanchez - Manager Address: 10850 NW 138 ST, Bay 3 City:, 0 4- Hialeah Gardens State: FL Zip: 33018 Phone Number: 786-452-1481 Ema 0 it Address: jsanchez@thestoutgroup.com Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or .0 4- entering into or renewing a contract for goods or services of any amount if, at the time of contracting 0 or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to 0 Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida L- CL Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or CL renewing a contract for goods or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran W Z Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is 0 engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent., I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not 0 listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies U U with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification 0 may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any 0 contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott (n Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified:By: Jose M Sanchez who is U 0 authorized to sign on behalf of the abo ve ref ced company. 0 Authorized Signature:- ------------- :Print Natne: Jose M Sanchez E Title: Manager mm Note: The List are available at the following Department of Management Services Site: 12/5/22 BID PROPOSAL 00110- 12 1 Packet Pg. 684 DATE(1 C.15.a ACCOR" CERTIFICATE OF LIABILITY INSURANCE 02/28/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Alain Bencomo NAME:Gil,Garden,Avetrani Insurance Group HCNE. Ext: (305)630-4777 a/c,No): (305)279-3022 10689 N.Kendall Drive E-MAIL abencomo@ggaig.com ADDRESS: Suite 208 INSURER(S)AFFORDING COVERAGE NAIC# Miami FL 33176 INSURER A: XL Insurance ofAmerica 24554 INSURED INSURER B: Greenwich Insurance Company 22322 The Stout Group LLC INSURER C: National Union Fire Insurance Co of PA 19445 0 10850 NW 138TH Street Bay#3 INSURER D: Wesco Insurance Company 25011 j INSURER E: Federal Insurance Co. 20281 Hialeah Gardens FL 33018 C INSURER F: O COVERAGES CERTIFICATE NUMBER: CL22 71 41 9543 REVISION NUMBER: C5 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS ra X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 > DAMAGE TO RENTED 0 CLAIMS-MADE X OCCUR PREMISES Ea occurrence $ 1 OO,OOO CL MED EXP(Any one person) $ 10,000 CL A Y Y NGL-1000327-03 07/14/2022 07/14/2023 PERSONAL&ADV INJURY $ 1,000,000 MOTHER LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO ❑ LOC PRODUCTS-COMP/OPAGG $ 2,000,000 : Employee Benefits $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident a X ANYAUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED Y Y NBA-1000328-03 07/14/2022 07/14/2023 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS a+ HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident O Medical payments $ 5,000 U UMBRELLA LIAB 4,000,000 U X X OCCUR EACH OCCURRENCE $ ®d C EXCESS LAB Y Y RN-7-0324447 07/14/2022 07/14/2023 4,000,000 CLAIMS-MADE AGGREGATE $ CL DED RETENTION $ $ WORKERS COMPENSATION /� STER ATUTE ER L_ AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 , D OFFICER/MEMBER EXCLUDED? N/A Y TWC4004280 O7/14/2022 07/14/2023 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Equipment Limit $2,953,969 Inland Marine E 45468715 07/14/2022 07/14/2023 Deductible $5,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project:Key Deer Boulevard Roadway Repairs Project U 0 Monroe County Board of County Commissioners,its employees and officials will be included as"Additional Insured"on all policies,except for Workers' 0 Compensation. 9= Waiver of Subrogation is issued on behalf of the Monroe County Board of County Commissioners,its employees and officials for all policies.Not subject to O cancellation,non-renewal,material change or reduction in coverage unless a minimum of thirty(30)days prior notification is given to the County by the insurer. , CERTIFICATE HOLDER CANCELLATION C5 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o ACCORDANCE WITH THE POLICY PROVISIONS. PURCHASING DEPARTMENT AUTHORIZED REPRESENTATIVE 1100 SIMONTON ST.ROOM 2-213 KEY WEST, FL 33040 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 685 E!:M A�" CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Alain Bencomo NAME: Gil,Garden,Avetrani Insurance Group A/ONNo Ext: (305)630-4777 A/� No): (305)279-3022 10689 N.Kendall Drive E-MAIL abencomo@ggaig.com ADDRESS: Suite 208 INSURER(S)AFFORDING COVERAGE NAIC# Miami FL 33176 INSURERA: XL Insurance of America 24554 INSURED INSURER B: Greenwich Insurance Company 22322 The Stout Group LLC INSURER C: National Union Fire Insurance Co of PA 19445 10850 NW 138TH Street Bay#3 INSURER D: Wesco Insurance Company 25011 INSURER E: Federal Insurance Co. 20281 Hialeah Gardens FL 33018 INSURERF: COVERAGES CERTIFICATE NUMBER: CL2271419543 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE Fx_1 OCCUR PREMISES Ea occurrence $ 100,000 0 MED EXP(Any one person) $ 10,000 , C5 A Y Y NGL-1000327-03 07/14/2022 07/14/2023 PERSONAL&ADV INJURY $ 1,000,000 MOTHER: LAGGREGATELIMITAPPLIESPER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO- ❑JECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 Employee Benefits $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED Y Y NBA-1000328-03 07/14/2022 07/14/2023 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS O HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident) ccident $ > Medical payments $ 5,000 O X UMBRELLA LAB X OCCUR EACH OCCURRENCE $ 4,000,000 CL CL C EXCESS LIAB CLAIMS-MADE Y Y RN-7-0324447 07/14/2022 07/14/2023 AGGREGATE $ 4,000,000 DED RETENTION $ $ WORKERS COMPENSATION X STATUTE EORH AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 t) D OFFICER/MEMBER EXCLUDED? NIA Y TWC4004280 07/14/2022 07/14/2023 .. (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Equipment Limit $2,953,969 Inland Marine C5 E 45468715 07/14/2022 07/14/2023 Deductible $5,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project:Key Deer Boulevard Roadway Repairs Project Monroe County Board of County Commissioners,its employees and officials will be included as"Additional Insured"on all policies,except for Workers' Compensation. Waiver of Subrogation is issued on behalf of the Monroe County Board of County Commissioners,its employees and officials for all policies.Not subject to cancellation,non-renewal,material change or reduction in coverage unless a minimum of thirty(30)days prior notification is given to the County by the insurer. CERTIFICATE HOLDER CANCELLATION " SHOULD ANY OF THE ABOI 3 . 6 . 23 THE EXPIRATION DATE THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o ACCORDANCE WITH THE P WAMM KtkX -- PURCHASING DEPARTMENT 1100 SIMONTON ST.ROOM 2-213 AUTHORIZED REPRESENTATIVE KEY WEST, FL 33040 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 686