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03/22/2023 Agreement GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: April 13, 2023 TO: Judith Clarke, PE, Director Engineering/Roads & Bridges ATTN: Nicole Twyman Executive Assistant FROM: Liz Yongue, Deputy Clerk SUBJECT: March 22, 2023 BOCC Meeting The following item has been executed and added to the record: C14 Contract with General Asphalt Company, Inc., in the amount of$2,069,431.24, for the resurfacing of Card Sound Road from the east end of Card Sound Bridge to the intersection of County Road 905. This contract is partially funded by a Small County Outreach Program Grant through the Florida Department of Transportation. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 Card Sound Road Resurfagft Pr6ect Section 00500 Standard Form of Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the 22nd day of March in the year of Two Thousand and Twenty-Three BETWEEN the Owner: Monroe County Board of County Commissioners("BOCC") 1100 Simonton Street Key West, Florida 33040 ("Owner") And the Contractor: General Asphalt Co., LLC 4850 NW 72nd Avenue ("Contractor") Miami, F133166 For the following Project: Card Sound Road Resurfacing Project Key Largo Monroe County,Florida ("Project") Oversight for Owner: KCI Technologies Inc. 5835 Blue Lagoon Dr Suite 303 Miami, FL 33126 Engineer: Baxter& Woodman Consulting Engineers 477 S. Rosemary Ave. Suite 330 West Palm Beach, Florida 33401 Mar 2023 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 Card Sound Road Resurfacing Proiect 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, Insurance Requirements and Documents, Milestone Schedule, Bid Documents and Contractor's Bid, Addenda issued prior to 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. 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: Ms. Judith Clarke, P.E. Director of Engineering Services Monroe County 1100 Simonton Street, Room 2-216 Key West, Florida 33040 For the Contractor: General Asphalt Co., LLC 4850 NW 72°d Avenue Miami FL 33166 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: Scope of Work is as specified in the Contract Documents and shown on the Drawings and in the specifications. The contract constitutes the entire and exclusive agreement between the Owner and the Contractor with reference to the Card Sound Road Resurfacing Project ARTICLE 3 Mar 2023 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 Card Sound Road Resurfacing P€oject 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 proceed issued by the Owner, the Contractor shall notify the Owner, in writing not less than five days before commencing the Work. The date of commencement shall be the date specified in the Notice to Proceed issued to the Contractor. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than 220 days after the Date of Commencement, subject to adjustments of the Contract Time as provided by the Contract Document. 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. FIRST SECOND 31st DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under 50,000.00 $50.00/DAY $100.00/DAY $250.00/DAY $50,000.00-$99,999.00 100.00/DAY 200.00/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 an extension of time on the Contract. 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, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project;(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within 7 days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Mar 2023 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 Card Sound Road Resurfacing Prniect Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a no cost Change Order for such reasonable time as the Owners Representative may determine. ARTICLE 4 Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract, for the Card Sound Road Resurfacing Project,the Contract Sum of Two Million Sixty-Nine Thousand Four Hundred Thirty-One Dollars and Twenty-Four Cents, ($2,069,431.24), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any,which are described in the Contract Documents and are hereby accepted by the Owner: 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 mare progress payments on � P Y P g P Y p 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. 5.3 County shall pay pursuant to the Local Government Prompt Payment Act 218.70 Florida Statutes. 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 objected to by the Owner, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: Mar 2023 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 Card sound Road Reg rfacing Prdeet 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 Work or substitutions are involved in a change the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Five percent(5%): 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 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: 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 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. 5.8 Reduction or limitation of retainage, if any, shall be as follows: None ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment: and (2) a Final 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. ARTICLE 7 Miscellaneous Provisions Mar 2023 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 Card SOundRad Resurfacing Proi- 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. 7.3 Temporary facilities and services: None. 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; Discriminatory Vendors; Antitrust Violator Vendors Pursuant to Sections 287.133, 287.134 and 287.137, Florida Statutes, the following restrictions apply to persons placed on the convicted vendor list, discriminatory vendor list, or the antitrust violator vendor list: Public Entity Crimes. 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, proposal or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids, proposals, or replies on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid,proposal,or reply on any contract to provide any good or services to a public entity; may not submit a bid, proposal, or reply on any contract with a public entity for the construction or repair of a public building or public work; may not submit a bid,proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with a public entity; and may not transact new business with a public entity. 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) and has not been placed on the convicted vendor list, the discriminatory vendor list, or antirust violator vendor list. Mar 2023 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 Card Sound Road Resurfacing Project 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 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, discriminatory vendor list, or antitrust violator vendor list, 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 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 placed on the convicted vendor list. 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 generally accepted accounting principles consistently applied. 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 four 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) 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 (bard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders,bid recaps,bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner 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 Mar 2023 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 Card Sound Goad Resurfacin Praiect also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confinnations 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 applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. This Agreement shall not be subject to arbitration. d) Severahility: If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. e) Attorney's Fees and Costs: The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any 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-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. . 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 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 Mar 2023 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 Card Sound Road Resurfacingproiect purpose of this Agreement. Any conditions imposed as a result of funding that effect the Project will be provided to each party. 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. These include but are not limited to: 1) Title V1I 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 544 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, I relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title V1I1 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. 1210t Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article I1, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of,this Agreement. 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 degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. lc) 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. Contractor warrants that he/it had not employed, retained or otherwise had act on his/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. 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 Mar 2023 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 Card Sound Road Resu�facing�'roiect fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 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 malting 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. 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 article l of the Constitution of Florida. The County and Contractor shall allow and I permit reasonable access to, and inspection of, all documents, records, papers, letters or other"public record"materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to 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 set-vice. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or peep and maintain public records that would be required by the County to perform the service. if the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. if the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Mar 2023 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 Card S and�2oad Resu cingProjer,,t County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor most provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records,the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section]19.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. I IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119 FLORIDA STATUTES TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO i THIS CONTRACT CONTACT THE CUSTODIAN OF PUBLIC RECORDS i BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY- BRIAN MONROECOUNTY-FL.GOV MONROE COUNTY ATTORNEY'S E OFFICE 1111 12TH Strut, 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 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. 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. 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 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 Mar 2023 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 Card Sound Road Resu&aciag Prdect constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 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 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 Workplace Statement. s) 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. 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 E constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 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. v) Special Conditions, if any are detailed in Section 01000 of the Project Manual for this Project. w) Hold Harmless and Indemnification: Notwithstanding any minimum insurance 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 employees from liabilities damages, losses and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor and persons employed or utilized by the indemnifying party in the performance of the construction contract. The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to F. S. 725,06, unless otherwise agreed to by the parties. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses Mar 2023 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 Card sound Road Resurfacin ro"ect 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 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 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 Contractor further agrees to pay at the Contractor's expense the attorneys' fees and costs incurred by 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 authority for the direction of the defense, and shall be the sole judge of the acceptability of any compromise or settlement of any claims or actions against the County. x) Adjudication of Disputes or Disagreements: COUNTY and CONTRACTOR agree E 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 party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of paragraph x or Article 8.1 concerning termination or cancellation. 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 terminate this agreement after five days written notification to the Contractor. z) 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. aa) Insurance: Prior to commencement of work the Contractor will provide satisfactory evidence of insurance as required in Specification Section 00900 General Insurance Requirements for Construction Contractors and Subcontractors. The Contractor shall name the Monroe County Board of County Commissioners, its employees and officials as "Additional Insured" on all policies except for Worker's Compensation. Mar 2023 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 Care{Sound Road Resu facine Proie 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. 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 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. 7.9 No third Party Beneficiaries: Nothing contained herein shall create any relationship, 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 requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, 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 any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subconstruct with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of F.S. 448.095 ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. Article 9 Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: See Article 1 9.1.1 The Agreement is this executed Standard Form of Agreement between Owner and Contractor. Mar 2023 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 Card Sound Road Resurfacing Prdect 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated January 2023 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: 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: Roadway Plans, Baxter Woodman & Associates, 27 Sheets, September 2022 I 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 County Bid Forth in Section 00110. See Article 1. Mar 2023 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 Card Sound Road ROsurfacing.PeOject IN WITNESS WHEREOF the parties hereto have eXectited tbisAgreeinent on the day and)date first 6 written above in counterparts,each of which shall,'without proof pr accounting for the other counterparts; be decried an original dontraot. :.5,6,75,,W, 'it,.‘y-,c, 1 k-..,../...) .....4, ,-.......-, ''''IA 7 . p Egf,,, (S441.4\otA‘ BOARD OF COUNTY COMMISSIONERS fivl, .,— AlitRstn . IN MADOK, Clerk OF MONRO, i ...# UNTY,FL I RIDA ..-- ,r.v.if. . : e,6.'"- P 'f%,Vf5tit 1-i.,/ .r, '14 ''•7 ' ,'_ , i ,'„1,*'''':•'' 0410 UyYVIOV". / o By - pi_Aop -----4--- As D ' uty Clerk May. • MONROE COUNTY ATTORNEY . PPR VED AS TO 0 : Date Of 2 )7-02-7 ttts.0.141,1,,,, 4 6.‘4414' 1,AALr141-7., CHRISTINE LIMBERT-BARROWS ASSISTANT COUNTY ATTORNEY ....14-,,,1,5›.,„.i,,,,,,-,,.. ,..z.:f.;,.. DATE 3/22/23 4' *4 "`?...! VIINfIkt•i9V IN vsr. .., _ l'.v.'. ,,Afr''....,r— (SEAL) r:.....'' c''.'''')\*(47. TfilWtAL ASPHALT CO.,LLC .7. .3 8y: ''''"""Ii(-0....„ ' ,,e lit.•....,,..,,,-,,,,,,0".— t_4,4: ,, / ter- ...,,,,c), •I ,• ... _ Title: C'5"="4:3 '' Title: END OF SECTION:005, •, a ,......., -,-; =7 ,;,m • :,..1-1 3the ni I `'.11-- . vo 7:1 1 ' r,'.--)• .... --( ; > • 6, ":73 i 1 Mar 2023 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND.CONTRACTOR 00500 Card Sound Road Resurfacing Project SECTION 00300 SCOPE OF WORK 1. GENERAL SCOPE 1.1 The Scope of Work shall include, but not be limited to, all work shown and listed in the Project Drawings and Project Manual. The Contractor is required to provide a complete job as contemplated by the drawings and specifications,which are a part of this bid package. L2 The Scope of Work consists of milling,paving,signing,striping, and other construction as shown on the Drawings and included in the Technical Specifications of roughly foul' miles of Card Sound Road from Card Sound Road Bridge to the intersection of County Road 905. The Project is partially funded by a Small County Outreach Program (SCOP)grant through FDOT, and contractor will adhere to applicable requirements. 1.3 Provide all labor, supervision, materials, supplies, equipment, tools, construction equipment, transportation, inspection, and proper execution and completion of all Work as specified in the Project Manual included in this Bid Package. END OF SECTION 00300 I Monroe CQunly Bid Vann R wll cads n/RoldRmnfrd.. ,r flan N•. D.,dT•e Wit Qu wy Vdt v�o. P!,{1tnFrin WrTW1M,. ROADWAY IT)ZMS i01.1 MOBILIZATION LS 1 5200,000.00 Two HUNDRED THOUSAND 120D000.00 102-1 MAINTENANCEOFTRAFRC; LS 1 $223000.00 TWO 39MRW TWENTY THREETHOUSAND $223 0,00.00 104-10-3 SEDIMENT BARRIER(STRAW WATTLE) LF 21050 $1.00 ONE➢OLLAR $21 088.00 327-70-1 MILLING EXISTING ASPH PAVT.f AVG.DEPTH SY 1624 S4.90 NUR DOLLARS NINETY CENTS $7 957,60 327-7M MILLING EXISTING ASPHPAVT.2'AVG.DEPTH SY 55780 $3.41 THREE DOLLARS YOURTY ONE CEM $190 09.80 337-7-80 ASPHALT CONCRETE FRICTION COURSE,TRAFFIC B,FC-0.5, TN 6702 $175.00 ONRH M"MSEVITrIY FIVE DOLLARS PG 76.22 S1.172.850.00 '.. 530.74 BEDDING STONE(NO 67STONE) TN 703 $10,00 TEN DOLLARS $7030.01) '. 54134i,l RAISEO RUMBLE STRIP SET-PERMANENT EA 4 $747.50 SEVENHUNUREOFOURiYSEVEN DOLLARS Rr1YCENTS $2990.00 54e•72-3 GROUND-IN RUMBLE STRIPS,8'SINUSODULL GM 11.99 $100R00 ONETHOUSANDDOLLARS $11990.00 700-1-11 SINGLE POST SIGN,P&l GROUND MOUNT,UP TO 12 SF AS 51 gg94.50 FOURliurmRET�NO+SrrFOUR➢OL�ARS FIFTY CENTS S25 219.5D 700-1.12 SINGLE POST SIGN,F91 GROUND MOUNT 12-20 AS 1 gI�g oNEnlOusAr>uFOURHUN0RE0FauRTYNSIEDatzARs SF $1 449.00 700-1-30 SINGLE P05T$IGN, FM BRIDGE MOUNT INDEXli$701700- AS R g1,45A0D ONE.1'HO➢3AtmMNE HUNDRED FIFTY FIVE DOLLARS 012,UP TO 12 SF $3 910.00 700.1.60 SINGLE POST SIGN,REMOVE A$ 35 $33.35 THIRTY TTIREEDOLLARSTHIRTYFIVECENTS $t 167.25 700 -50 MULTi-POST SIGN,GROUND MOUNT,RELOCATE AS 1 $$318.00 Ft VSTH013SANDTHREERUNDRE➢MORTMDOLLARS 15319.00 IIf. 7Do-11232 ELECTRONIC DISPLAY SIGN, FURNISH&INSTALL GROUND AS 2 €� MOUNT - SOLAR POWER, SPEED FEEDBACK,12-20SF $23,000,00 TWENTY THIMTHOUSANDDOLLARS S46.000.00 710.90 PAINTED PAVEMENT MARKINGS,FINAL SURFACE LS 1 $EVENmrTHOUSANDWKEHVNDRBDTWENI NINE DOLLARS $70929.44 FOURTYFOURCENTS $70929.44 MtAl-124 THERMOPLASTIC,STANDARD WHITE,SOLID, le? LF 325 $3,45 THREE DOLLARS FOURTY FIVE CENM FOR DIAGONALS AND CHEVRONS $3,121.25 711-1i-125 THERMOPLASTIC, STANDARD WHITE, SOLID, 24'FOR STOP LF 20 $4.60 FOUR DOLLARS stXTYCENTS LINER AND CROSSWALK $9100 7il-11.160 THERMOPLASTIC,STANDARD,WHITE,MESSAGE OR EA 1 $258.75 'nYOHUNDReDFIF[YEtGHT DOLLARS SEVENTY FWECENTS SYMBOL $258.75 711AS401 THERMOPLASTIC,STANDARD-OTHER SURFACES,WHITE, GM 7.99 55,238.25 FlnTNOUSAND TWO HUNORwTHIRTY WORT DOLLARS TWENTY SOLID 5' FIVECEN S $41 653,62 711-tS-2GI THERMOPLASTIC,STANDARD-OTHER SURFACES, GM 4.10 $523e25 FIVETHOUSANDTWOHUNDKEDTHMIYA0HTDOLLARSTWENTY , YELLOW,SOLID,6' FIVBCENTS $21 899.89 711-16.231 THERMOPLASTIC,STANDARMTHER suRFACES. GM ilea $5,23&25 FIVET90USAND TWO HUNDRED THIRTY EIGHT DOLLARS TWENTY YELLOW,SKIP,a' FIVE CIRM $9.743.15 713-103.101 PERMANENT TAPE,WMTE,SOLID a-FORCONCRETE GM 0,04 $41,975.00 FOUKTY ONEWouSAN➢NINE HONDRED SEVENTY DOLLARS BRIDGES $1679,00 713-103-201 PERMANENT TAPE,YELLOW,SOLiDWFORCONCRETE GM 0.04 541,975.00 FOURTYONETHOUSANDNINEHUNDREDSfiVENCYDOLLARS BRIDGES Sl 679,OD Grand Total Bid Amount Company Name-Bidder MNEttAL ASPHALT CO.,LLC NON-COLLUSION AFFIDAVIT of ihe city of 16a I according to law on my oath,and 1 "17, under penalty of poijiiry,depose and say that; I I am e'_i'4%06 6 ( miemaeo of the firm of Ae" ... ....... lr 14- t,`o,, cc C, _,the bidder making the proposal for the project described in the Request for Competitive Solicitations for: Card Sound Road Resurfacing Project 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, CODununication or agreement for the purpose of restricting competition, as to any matter relating to such process with any other bidder or with any competitor; 3) unless otherwise required by law, the prices which have been, quoted in this bid have not been 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 oi,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 ements s affidavit are true and correct, and made with full knowledge stained in this aff mo 0 dun ies upon the truth of the statements contained in this affidavit in I o e, r 11tra said project, 9 /10 ( (Date) Signatur der) STATE OF: COUNTY OR iq�iiryl'i - NAC Subscribed and sworn to (or affirmed)before me, by means of Yphysical.presence or 0 online notarization, on zo-tz, (date)by (narneofaffiant). Up/She ispersonall known to me or has produced (type of identification) as identification, - �_;4 D NI L 66S AN 22CH 0otarA Pub0c-Stato of FEE l oZr i da Commission It HH 407 Ivry Commission ExpIresF ­'1JulY 0 , 04 NOT1A"RYMBLIC My commissi mission expires: January 2023 BID PROPOSAL 00110 Cull.& CA LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY,FLORIDA IP-6n Al '(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,, 0104990, or any County officer or em,Ployeeii) violation ofSectioii3ofOrdiiiance No. 010-1990, Foi°breach ot°violation of this provision tlie County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct ftorn the contract or purchase price, or otlierwy),strrecover,the full amount of any fee, commission, percentage, gift,or consideration paid to the former C,9",j!Sffleer or employee", 'Ile 14 i Igi*L.r., e (Date) STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of 121 physical presence or 0 online notarization, on 03 (date) by_ (name of affiant). jUe/She is personally known t e or has produced M (type of identification), as identification. NOTARY PUBLIC My Commission Expires: NOTARY PUBLIC My commission expires: SA HEZ "C f I' Florida bile to 0 r'd'407 DA 01 ry Pu C s,io pir"s O'n misms" 11 EX r0a m My Co Judy o0, Ulyo0, 2 024 � January 2,0 2 3 BID PROPOSAL 00110 Cgd Smi jMjqa 4JU urrCaoirl DRUG-FREE WORIU)LACE FORM The undersigned Contractor hi accordance with FL Statute 287,087 hereby certifies that: .VU'rz Dtm' (Name of Business) I Publish a statement notifying employees that the unlawful nuanufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform such employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drag-free workplace, any available drug counseling, rehabilitation, and employee assistance programs,and the penalties that may be imposed upon employees for drug abuse violations. 1 Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). 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 of the statement and will notify the employer of any conviction of, or plea Of gl,lilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes)or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five(5)days after such conviction. S. 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 employee who is so convicted. 6. Make a good faith effort to continue to mairitain a drug-free workplace through i1pplementation of this section. As a person authorized to sign the statement,I certily that this firm compli lywitjj4hi'' ;requirerncnts. oe Bidder's,Si", 101 sTA"rr..OF: I`IW4 e1A COUNTY OF: 1�1'4m Cie Subscribed and sworn to (or affiruied) before me, by means of[4�ihysical presence or 0 online notarization, our - M F-w-6 S3rJ ?07,3 (date) by 12- (narne of affiant). jjjeShe is personaGly known to me or has produced .......... (type of identification)as identification. NOTARY'-PIJBI, DAWEL SANCHEZ Notefy Public-State of Florida Commiss�on 9 HH 407 commission Ex : My Cot Expires: *V My COrTIrMsMon Expires July 06, 2024 January 2023 BID PROPOSAL 001.10 Cil_d�QnA11Rad.R_cwdf1sWg!w Leel PUBLIC ENTITY CRIME STATEMEN'r "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 CATEGORYTWO for a period of 36 Months from the date of being placed on the convicted vendor list." 1 have read the a ,�Ve'and state that neither(,,'�enevv'J 141 ke. (Proposer's name) U0 A I&nor any I 7" d on the convicted vendor list within the last 36 months,at Kl p 0", "0 Signatur,e) (Date) STATE V, COUNTY OF: Subscribed and sworn to or affirmed) before me,by means Of physical,presence or El online notarization, on the 1.3"' day of_ ­11 2023, by (name of affiant).J-je/She is personT known to me or has produced tj 10. ication) as —(type of identif identification, DANIEL SANCHEZ j;�Notary Public-State of Florlds My Commission Expires: AE Commission# HH 407 My Commission Expires July 016, 2024 NO�TAY PUBLIC January 2023 BID PROPOSAL 00110 hard Sound Road SECTION 00110 Bid Bond KNOW ALL MEN BY THESE PRESENTS,that we General Asphalt Co.,LLC-4850 NW 72nd Avenue,Miami,FL 33166 (Uvw insert full manc and address oar legal title of Conimelor) Arch Insurance,Coi,ripany-Harborside 3,210,Hudson Street,Suite 300, as Principal,hereinafter called the Principal,,and JERSEY CITY,NJ 07311 (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of Missouri Monroe County-1100 Shnonton Street, as Surety,hereinafter called the Surety,are held and firmly bound unto Key West,FL 33040 (Here insert AW name and address or legal title of Ovvner) as Obligee, liereinafter called the Obligee, in the sutra of Five Percent o�f Aniount Rid--._-____ __________ ___________________ ________..__-_.._- ­­--------------------------- Dollars($- -----5%-------------------------- for the payment of which sum well and truly to be made, the said Principal and the said Surety,bind ourselves, our heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has submitted a bid for Card Sound Road Resurfacing-Project No.44693-1-54-01 (here insert fail name.address and description of prqjeck) NOW, TUEREFORF, if the Obligee shall accept the bid of the Principal and, the Principal sliall-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 covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this 23rd day of February 20 . 23 General 1p�'P#rco-' ;40 (Witness) (Print' (Seal) '0 (Title)/ h Ar Insu, lipan tness i' e e'pajon (Sure Charles 1,Nielson,Attorney-in-fact ("Title) January 2023 BID PROPOSAL 00110 AIC 0000354547 71}is Poorer of Attorney limits the acts ofthose named herein,and they have no anihori(r to bind the Company except in the manner and to the extent herein Riated, Not valid forNale;Loan,Letter of Credit,Cnrreney 17ate,Interest Rate or Residential Valne Gaaraniem POWER OF ATTORNEY Know All Persons By These Presents: That the Arch Insurance Company,a corporation organized and existing under the laws of the State of Missouri,having its principal administrative office in Jersey City, New Jersey(hereinafter referred to as the"Company")does hereby appoint: Brett Rosenhaus of Delray Beach,FL Charles D.Nielson,Charles J.Nielson,David R.Hoover and JarrettMerincci of Mlaml Lakes,FL(EACH) F.Danny Gann,Edward T.Ward and Audris R.Ward of Atlanta,GA(EACH) John R.Neu and Kevin Wajtowlezof St.Petersburg,FL(EACH) Laura 0,Mosholdpr of Orlando,FL its true and lawful Attorney(s)in-Fact,to snake,execute,seal,and deliver from the date of issuance of this power for and on Its behalfas surety,and as its act and deed: Any and all bonds,undertakings,recognizatims and other surety obligations,in the penal sum not exceeding Nmty Mi 'on D llars($90,000.000.00>. This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein, The execution of such bonds,undertakings,recognizanees and other surety obligations in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at its principal administrative oflieein Jersey City,New Jersey. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on December 10,2020,true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED,That the Chairman of the Board,the President,or the Executive Vice President,or any Senior Vice President,of the Surety Business Division,or their appointees designated in writing and filed with the Secretary,or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact,and to authorize them subject to the limitations set forth in their respective powers of attorney,to execute on behalf of the Company,and attach the seal of the Company thereto,bonds,undertakings,recognizances and other surety obligations obligatory in the nature thereof and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed,scaled and certified by facsimile under and by authority of the failowing resolution adopted by the unanimous consent of the Board of Directors of the Company an December 10,2020: VOTED,That the signature of the Chairman of the Board, the President,or the Executive Vice President,or any Senior Vice President,of the Surety Business Division,or their appointees designated in writing and filed with the Secretary,and the signature of the Secretary,the seal of the Company,arui certifications by the Secretary,may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on December 10,2020, and any such power so executed,sealed and certified with respect to any bond or undertaking to which it is attached,shall continue to be valid and binding upon the Company_In Testimony Whereof,the Company has caused this instrument to be signed and its corporate seal to be affixed by their autit0ri2cd officers,this 2rdRd day Attested and Certified �� Arch Insurance Company AW rE E Reganlman,Secretary t9n Stephen C.Ruschak,Executive Vice President STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS Wood 1,Michele Tripadi,a Notary Public,do hereby certify that Regan A.Shulman and Stephen C.Ruschak personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company,a Corporation organized and existing under the laws of the State of Missouri,subscribed to the,foregoing instrument,appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seat and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary for the uses and purposes therein act forth, toatrAotace►ltln of pmasj6nntla.Nowy yes{ Mich a 'podi,Nota ublic Comsneibrabty t46etz My commission expires 0713 1/202 5 CERTIFICATION 1,Regan A,Shulman,Secretary of the Arch Insurance Company,do hereby certify that the attached Power of Attorney dated October 22,20x1 on behalf of the person($)as listed above Is a true and correct copy and that the same has beea€n full force and effect since the date thereof and is in full force and effect on the date of this certificate;and I do further certify that the said Stephen C.Ruschak,who executed the Power of Attorney as Executive Vice President,was on the date of oxecution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company, 23rd February IN TES:�2::11TIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on thisday of_,. 20 vi . CJrr� Sluriman,Secretary Y This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manuer and to the extent herein stated, PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance—Surety Division 3 Parkway,Suite 1500 Were Philadelphia,PA 19102 ti�,y SEA4. dl.. t871 Mist O To verlfy the authenticityalthis PowerofAttorney,please contactArch Insurance CompanyatSuretVAuthentic@archinsuranee.com Please refer to the above named Attorney-10-Fact and the details of the bond to which the power is attached. AICPOA040120 Printed in U.S.A. Card Sound Road Resurfacing b9igg Bidder's Insurance Statement The Insurance requirements are set forth in Section 00900 of the project manual as follows: Insurance Rea!ttirenient Limits Worker's Compensation Statutory Limits Employer's Liability WC 3 $1,000,000/s1,000,000/$I.,000,000 General Liability GL7 $5,000,000 Combined Single Lit-nit GLXCU *Required Endorsement Underground, Explosion and Collapse (XCU) Vehicle Liability VU $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 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 am A.M.Best rating of V1 or better and shall lte enrserl„ d usines,s iji tine state of Florida, "e, 101 (I C- 2Lz 3 z larvae of Business nature Date January 2023 Btf)PROPOSAL 00110 C"r VENDOR CEWrJFICATJON REGARDING SCRUTINIZED COMPANIES,LISTS Project Description(s): t w KGoA ()CIS Respondoi-ttVexiclor Nan ie: —(� /—Ie!2.L-,�c Vendor FEIN: 5-9- i 1 k ") Vendor's Authorized RepresentativeNarneand Title: 1RAZ'4, Lq)ez,_ VC Address: -W d 04)c ew-c- Cit Y: k Ovrvl`� State: lit ........ I Z-1p: . e3 Phone Number: 6-2,5- 3 4 8 Email address:._ A)CS (Acne vz" ka6r, C 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 renewal, the company is on the Scrutinized Companies that Boycott Israel List,created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287,135, Florida Statutes,, also prohibits a company from bidding on, submitting a proposal far, or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies, with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215,473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the corn any p P identified above in the: Section entitled "Respondent Vendor Narne" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,0 O or more is not listed on either, the Scrutinized Companies with Activities, in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba,or Syria. I understand that pursuant to Section 287.135, Florida Statutes,the submission of a false certification may subject company to civil penalties, attorney's fees:, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been Placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cub4,,o Z- Certified By: who is authorized to sign on behalf oft ence pany. Authorized Signature: 16911", 00 Print Name: a ,e/ GeV Title:—.— Act-o ilve, VWXW� Note: The List are available at the following Department of Management Services Site: Li t4:L.!LNyhyNv.(I i n s.i t ine o tyflorida.eorn/bus ss p LQ11&onvicted _spsp ii(ed discriminatoa,qL _qqmpl,aints vendor lists Jantiary 2023 Bit. PROPOSAL 00110 AC � CERTIFICATE OF LIABILITY INSURANCE 10/27/20 2 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 1-800-247-7756 CONTACT NAME: Holmes Murphy & Associates - WDM PHONE FAX A/C No Ext: A/C,No): E-MAIL PO Box 9207 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Des Moines, IA 50306-9207 INSURERA: ZURICH AMER INS CO 16535 INSURED INSURER B: General Asphalt Co, LLC INSURER C 4850 NW 72nd Avenue INSURERD: INSURER E Miami, FL 33166 INSURERF: COVERAGES CERTIFICATE NUMBER: 66996227 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD MM/DD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ OCCUR DAMAGE S( RENTED CLAIMS-MADE PREMISES Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: 'Ira, y �� GENERALAGGREGATE $ POLICY D jE� LOC PRODUCTS-COMP/OP AGG $ W ""•.�."'"OTHER: $ ANY AUTO l COMBINED SINGLE LIMIT $Ea accident AUTOMOBILE LIABILITY 2 23 BODILY INJURY(Per person) $ OWNED SCHEDULED N ' BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ PER A WORKERS COMPENSATION WC3757135 11/01/22 11/01/23 % STATUTE OE TRH- AND EMPLOYERS'LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? IN I (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 $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Project: Card Sound Road Asphalt Milling & Resurfacing FIN Project No. 449693-1-54-01 Monroe County BOCC, its employees and officials, and Florida Department of Transportation are included as additional insured with respect to general liability and auto liablity on a primary and non-contributory basis when required by written contract. Waiver of subrogation applies in favor of the additional insured with respect to general liability when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County BOCC 1100 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Simonton Street ACCORDANCE WITH THE POLICY PROVISIONS. Key West, F1 33040 AUTHORIZED REPRESENTATIVE USA ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD stritzwdsm 66996227 GENEASP-01 SSIMEON ACORO"° CERTIFICATE OF LIABILITY INSURANCE DATE(M/202YYY) 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 Sandy Simeon NAME: Collinsworth,Alter,Fowler&French,LLC PHONE FAX 16060 NW 79th Court (A/C,No,Ext): (A/C,No): Suite 200 E-MAIL ssimeon@caffllc.com Miami Lakes,FL 33016 INSURER S AFFORDING COVERAGE NAIC# INSURER A:Travelers Indemnity Company 25658 INSURED INSURER B:Great American Insurance 16691 General Asphalt Company Inc. INSURER C:Travelers Property Casualty Co.of America 25674 P O Box 622306 INSURER D Miami,FL 33166 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MMIDDIYYYY MMIDDIYYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE �X OCCUR X X VTC2KCO2N2542311ND23 2/1/2023 2/1/2024 DAMAGE PREMISES(Ea RENTED ence $ 300,000 MED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: - GENERAL AGGREGATE $ 4,000,000 POLICY F JECT LOC I.ww. • 2 2 3 4,000,000 DA PRODUCTS-COMP/OP AGG $ OTHER A t $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 2,000,000 Ea accident $ X ANY AUTO X VTC2KCAP2N2541511ND23 2/1/2023 2/1/2024 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED IX NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident) ccident $ B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS-MADE T00026062411 2/1/2023 2/1/2024 AGGREGATE $ 10,000,000 DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Leased Rented QT6607S952638TIL23 2/1/2023 2/1/2024 w/$5000. Ded 500,000 C Scheduled Equip QT6607S952638TIL23 2/1/2023 2/1/2024 w/$5000. Ded 11,718,656 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project:Card Sound Road Asphalt Milling&Resurfacing FIN Project No.449693-1-54-01 Monroe County BOCC,!ts employees and officials,and Florida Department of Transportation are included as additional insured with respect to general liability and auto liablity on a primary and non-contributory basis when required by written contract. Waiver of subrogation applies in favor of the additional insured with respect to general liability when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe Count BOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Key West,FI 33040 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD