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Item C21 C.21 County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS Mayor Craig Cates,District 1 Mayor Pro Tem Holly Merrill Raschein,District 5 The Florida Keys Michelle Lincoln,District 2 James K.Scholl,District 3 David Rice,District 4 County Commission Meeting April 19, 2023 Agenda Item Number: C21 Agenda Item Summary #11993 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Cary Knight(305) 292-4527 N/A AGENDA ITEM WORDING: Approval of a Contract with Barracuda Builders of Key West, Inc in the amount of $1,265,390.00, for construction of the replacement Higgs Beach Park Restroom. This project is funded by TDC Grant. ITEM BACKGROUND: The proposed contract provides for construction of the newly designed building. On March 7, 2023 bids were opened, and Barracuda was the lowest responsive responsible bidder out of three bids received. The Higgs Beach Park restroom has endured many years of use and environmental deterioration. In 2017, prior to Hurricane Irma, a contract for architectural services was approved to produce two conceptual designs for the renovation (not replacement) of the restroom. Neither of the presented conceptual designs were deemed acceptable. Hurricane Irma inflicted additional damage to the restrooms and the feasibility of a renovation no longer made financial logic. A complete replacement of the Higgs Beach Park restroom can be accomplished within the footprint of the existing facility. However, because the location is in a high velocity (VE) flood zone, significant geotechnical studies, structural and coastal engineering were required to meet all environmental and building permit requirements. PREVIOUS RELEVANT BOCC ACTION: 8/21/19—Task Order with Bender for the Architectural and Engineering services. 12/19/18 - BOCC accepted TDC approval of a grant for Phase I— Higgs Beach Restroom project in the amount of$456,000. 12/19/18 — BOCC approved an architectural and engineering continuing services contract with Bender. CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATION: Approval Packet Pg. 934 C.21 DOCUMENTATION: Higgs Beach Restroom Barracuda- County Forms Contract- Higgs Beach Restrooms_Barracuda Builders(4-04-23)_Legal REV Bid Tabulation Sheet Higgs Restrooms_03.14.23 FINANCIAL IMPACT: Effective Date: 4/19/2023 Expiration Date: TBD Total Dollar Value of Contract: $1,265,390.00 Total Cost to County: $0 Current Year Portion: $0 Budgeted: Yes Source of Funds: TDC Grants CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: N/A If yes, amount: Grant: TDC County Match: N/A Insurance Required: Yes, upon contract execution Additional Details: 117-77031 SC_00061 $210,373.00 117-77032 SC_00061 $386,820.00 117-77036 SC 00061 $833,627.00 04/19/22 NEW COST CENTER ADDED $210,373.00 117-77031 SC_00061 04/19/23 NEW COST CENTER ADDED $668,197.00 117-77036 SC_00061 04/19/23 NEW COST CENTER ADDED $386,820.00 117-77032 SC_00061 Total: $1,265,390.00 REVIEWED BY: Cary Knight Completed 04/04/2023 12:33 PM Kevin Wilson Completed 04/04/2023 1:09 PM Joseph DiNovo Completed 04/04/2023 1:16 PM Purchasing Completed 04/04/2023 1:54 PM Budget and Finance Completed 04/04/2023 2:20 PM Packet Pg. 935 C.21 Brian Bradley Completed 04/04/2023 3:56 PM Lindsey Ballard Completed 04/04/2023 4:09 PM Board of County Commissioners Pending 04/19/2023 9:00 AM Packet Pg. 936 C.21.a HIGGS BEACH RESTROOMS REPLACEMENT SECTION 00120 U), PROPOSALFORM 4- 0 The Proposal shall be submitted on the forms included in this section of the Proposal Documents as previously instructed herein. Item Description 0 U 1. Proposal Form L_ 0 2. Bid Bond (Proposal Security) 3. Non-Collusion Affidavit 4. Lobbying and Conflict of Interest Clause 5. Drug-Free Workplace Form 6. Local Preference Form 7. Public Entity Crime Statement 8. Vendor Certification Regarding Scrutinized Companies List c� 9. Subcontractor Listing Form 10. Insurance Requirements and Policy and Procedures U 4- 11. Workers Compensation and Employers' Liability 0 12. General Liability 13. Vehicle Liability 14. Proposer's Insurance and Indemnification Statement 15. Insurance Agent's Statement 0 16. Contractor License: A Current Copy to be submitted with Proposal. 0 U Subcontractor Licenses to be Submitted Prior to Award of Notice to Proceed. c� INFORMATION REQUIRED TO BE PROVIDED E 0 1. In order to determine if the persons or entity submitting proposals are responsible, all 0 Proposals for contracts to be awarded under this section must contain the following information: c� A. A list of the entity's shareholders with five percent (5%) or more of the stock or, if a general partnership, a list of the general partners; or, if a limited liability company, U, a list of its members; if a solely owned proprietorship, names(s) of owner(s). A E' copy of documentation demonstrating that the entity is a legally viable entity shall be attached. B. A list of the officers and directors of the entity. PROPOSAL FORM 00120- Page 23 of 220 Packet Pg. 937 C.21.a HIGGS BEACH RESTROOMS REPLACEMENT C. Relevant Experience: The number of years the person or entity has been operating E' and, if different, the number of years it has been providing the service, goods, or - construction services called for in the proposal specifications (include a list of similar projects). D. The number of years the person or entity has operated under its present name and any prior names. c0 E. Answers to the following questions regarding claims and suits: 0 1) Has the person or entity ever failed to complete work or provide the goods for which it has contracted? (If yes, provide details of the job, including where the job was located and the name of the owner.) YES NO FxJ 2) Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person, principal of the entity, or entity, or its officers, directors, or general partners (this specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a person, U principal, entity, officer, director or general partner in the last five (5) 0 years)? (If yes, provide details, include enough information about the > judgment, claim, arbitration or suit so that the Owner will able to obtain a copy of the judgment or claim or locate the suit by location and case number.) U) YES NO x❑ 0 3) Has the person, principal of the entity, entity, or its officers, major U shareholders or directors within the last five (5) years, been a party to any law suits or arbitrations with regard to a contract for services, goods or construction services similar to those requested in the specifications with private or public entities? This specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a person, principal, E entity, officer, director or general partner in the last five (5) years. (If yes, provide details, include enough information about the judgment, claim, arbitration or suit so that the Owner will able to obtain a copy of the judgment or claim or locate the suit by location and case number.) YES NO �x 4) Has the person, principal of the entity, or its officers, owners, partners, major shareholders or directors, ever initiated litigation against Monroe County or been sued by Monroe County in connection with a contract to PROPOSAL FORM 00120- Page 24 of 220 Packet Pg. 938 C.21.a HIGGS BEACH RESTROOMS REPLACEMENT provide services, goods or construction services?This specifically includes 0 any present or prior entities in which the person, principal, entity, officer, 0 director or general partner of the proposing entity has been involved as a - person, principal, entity, officer, director or general partner. (If yes, provide C details, include enough information about the judgment, claim, arbitration or suit so that the Owner will able to obtain a copy of the judgment or claim or locate the suit by location and case number.) 0 YES NOj ❑x 0 5) Whether, within the last five (5) years, the Owner, an officer, general partner, controlling shareholder or major creditor of the person or entity was E an officer, general partner, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for bids. (If yes, provide details and information about the failure to perform services or furnish goods that will enable the Owner to thoroughly consider the matter.) YES NO 0 0 6) Customer references (minimum of three), including name, current address and current telephone number. Credit References (minimum of three), including name, current address and current telephone number. 0 7) Financial statements for the prior three (3) years. Please provide in a separate email for the Contractor's confidentiality, and clearly label the U) email as "CONFIDENTIAL". ("Any financial statement that an agency requires a prospective bidder to 0 submit in order to prequalify for bidding or for responding to a bid for a road or any other public works project is exempt from Subsection 119.07(1), Florida Statutes and Subsection 24(a), Article 1 of the State Constitution.") U However, any financial information the Contractor includes in the proposal packet, which is not marked as "Confidential", may be disclosed in any public records request and will not be treated as"Confidential."The County shall incur no liability for inadvertent disclosure of financial records that are not properly marked. 0 0 U) c� U) E c� PROPOSAL FORM 00120- Page 25 of 220 Packet Pg. 939 C.21.a HIGGS BEACH RESTROOMS REPLACEMENT U) 4- 0 SECTION 00120 PROPOSALFORM U) PROPOSAL TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS t0 c/o PURCHASING DEPARTMENT 1100 SIMONTON STREET 0 ROOM 2-213 KEY WEST, FLORIDA 33040 PROPOSAL FROM: Barracuda Builders of Key West, Inc. 5601 3rd Ave. Key West, Florida 33040 The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of: HIGGS BEACH RESTROOMS REPLACEMENT and having carefully examined the site where the Work is to be performed, having become familiar U with all local conditions including labor affecting the cost thereof, and having familiarized 0 himself/herself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish all labor, mechanics, superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said Work and work incidental hereto, in a workman-like manner, in conformance with said Drawings, Specifications, and other Contract Documents including Addenda issued thereto. L_ The undersigned further certifies that he/she has personally inspected the actual location of where the Work is to be performed, together with the local sources of supply and that he/she understands the conditions under which the Work is to be performed. The successful proposer shall assume U the risk of any and all costs and delays arising from the existence of any subsurface or other latent physical condition which could be reasonably anticipated by reference to documentary information provided and made available, and from inspection and examination of the site. The Base Proposal shall be furnished below in words and numbers. If there is an M inconsistency between the two, the Proposal in words shall control. E 0 U) One Million Two Hundred Twelve Thousand One Hundred Ninety Dollars (Total Base Proposal- words) $ 1,212,190.00 Dollars U)' (Total Base Proposal — numbers) I acknowledge Alternates as follows: PROPOSAL FORM 00120- Page 26 of 220 Packet Pg. 940 C.21.a HIGGS BEACH RESTROOMS REPLACEMENT U) 0 2m Unit prices, if any, are as follows: N/A 0 I acknowledge receipt of Addenda No.(s) No. 1 Dated January 19, 2023 U No. 2 Dated February 8, 2023 0 No. 3 Dated February 13, 2023 No. 4 Dated February 23, 2023 3 c� Alternate Price for Flood Panels = $53,200.00 c� 0 U 0 U) 0 0 U m c� E 0 0 U) c� U) 0 Lm E c� PROPOSAL FORM 00120- Page 27 of 220 Packet Pg. 941 HIGGS BEACH RESTROOMS REPLACEMENT 4- 0 Proposer, states by his/hier check mark in the blank beside the form and by his/her signature that he/she has provided the following requirements (located in, Section 00120): U) 1 Proposal Form C 0 U 2. Proposal Security (Bid Bond) 1 Non-Collusion Affidavit 4, Lobbying and Conflict of lnterest Clause :2 5. Drug-Free Workplace Form 6, Local Preference Form and requirements (if applicable) 7, Public Entity Crime Statement 8, Vendor Certification Regarding Scrutinized Companies Lists 9. Subcontractor List Form 10. Proposer's Insurance and Indemnification Statement 11, lnsuirance Agents Statement (signed by agent) 0 U 4- 12. Answered Reqluired Questions V/ 0 76 11 Provided three (3) Customer References and three (3), Credit References V/ > 0 14. Provided three (3) years of Financial Statements in separate email marked "CONFIDENTIAL" 15. Certified copy of Valid Florida Contractor's License E u)v7' 0 16. Current Monroe County Occupational License U_ Business B,arracuida Builders of Key West, Inc. DBA� Name, 0 U Business BIN 46-18401239 Business Maihngi Address: 01 3rd Ave. Address: 01 3rd Ave, City, State, Zip Key_West, FL 330,40 City,State!,Zip Key West, FL 330401 E 0 0 Phone: 30 396-7752 Local Phone. U) The physical business address must be regiistered as its,principal place of business with the Florida Department of State for at least one (1) year prior to the notice of request for bid or proposal. Date: 3/13/2023 Signed, Printed BryanWofsey E PROPOSAL FORM 00 1 2O- Page 28 of 220 Packet Pg. 942 i HIGGS BEACH RESTROOMS REPLACEMENT' U) Tiitle, President gr 4- 0 Witness: .2 U) a 0 u 0 0 u �8 0 CL CL U) E 0 U- a 0 u E 0 0 U) 0 U) 0 E a PROPOSALFORM 00 120- Page 29 of 220 Packet Pg. 943 HIGGS BEACH RESTRO, S REPLACE U) BID (PROPOSAL) BOND X 4— KNO r"'�ALL MEN BY THESE PI ESE w TS, that e 0 Barracuda Builders of they West, Jnc,, 5601 3rd Aveniue, Key West, FL 33040 as Prin6pal, hereinafter called the Principal, and U) a 0 PHILADELPHIA INDEMP"Y MURANCE COMPANY, ONE BALA PLAZA SUITE 100, BALA CYNWYD, PA 19004 L) a corporation duty organized under the laws, of the State of PA as Surety, hereinafter called 0 the Surety, are held and firmly bound Unto Monrioe County Board of Counity Commissioners, 110 Sinionton St Room 2-2'13, Key West!, FL 33040 of 011,w Ligthon TwO Hundmil F ph�y Ex�w'Nmmwti as Obligee, herei n after called the, Olblilgiee, in the surn su.Li dt,,q r�o_&nmm', Dollars ($__L_28fL6_15,00), for the payriient of which SUM well and truly to be niade, the acid Principal and the said Surety, bind Ourselves, OUT heirs, executors, administrators, success,airs and assigns, jointly and severally, firmly by these presents. WHEREAS, the Prin6pat has SUbirnitted a bid for Higgs Beach Restroonrus Pep iacement NOW, THEREFORE, if the Obligee shall accept the bid of the Principal l shall enter into a Contract 0 U with the Obligee in accordance with the terms of such bid', and give such bond oir bonds as may 4 1 be specified in the bidding or Contract Docunients with good and sufficient surety for the faithfUll 0 -ra performance Of such Contract and for the prompt payment of labor and material furnished in, the > 0 prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give CL such bond or bonds„ if the Principal shall pay to the Obligee the difference niot to exceed the CL< penalty hereof between the amount specified in said bid and such larger amount for which the U) Obflgee may in good faith contract with another party to perform the Work covered by said bid, E 0 then this obligation shall' be null and void, otherwise to remain in full force and effect. Any action U_ Instituted by a claimant under this bond MUst be In accordance with the notice arid!firne limitations provisions, in Section, 255.01� ), Florida Statutes. 0 U Barracuda Builders of Key West, inc. (Principal) (Seal) i n e s s) E 0 (Title) 0 U) P'HLADELPHA lNDEMNITY INSURANCE COMPANY (SUrety), (Seal) hj!(WIness) U) t61412Q23 2m X (Title) Vaperie Anti Aber,Attorney-`dn-Fact E PROPOSALFORM a 00120- Page 30,of 220 Packet Pg. 944 U) �E 4— A NOTARY POBLIC OR OTHER OFFICER COMPLFFnNG THIS CEPIWWATE VEMPES ONLY THE 011!wrITY OF THE INDIODUAL WHO SIGNED THE 0 DOCUMENT `0 WHOCH TI16 CCATUFICAT�US AT'rACHEID,AND NOT IHF rRU7HFLA NESS,ACCURACY 0,OR VALIDITY�W THAr DOCUMENT 0 Six'N'll"OFAR I ZONA U) MAR ICOPA S5. 0 u 0 131-TCRE ME, Joshtia Ferman VALERIE AN ABER, ........... I U v I Ili N I I N'll I FL �,A S d S' S,A I 8 S F AF,I'()R Y k V1 N T F0 BF ML PFNSON(S) WHOSF N,%\J :(S)JS/Alfl: SIJBS %VFIIIIN INS11WNIEN't ME FHA I I Ill'lsl IT/]� II Y FXFl('U]F,I) II II SIANIF IN I IIS/I IFIM AU'l I K)W/FID ('All"A('11 I Y(J]-SD AND H]!A I HY I 111SA WRI 111 JFM SRJNA FURF(S)()N Tf W INS,I jNIFNPFASOMS),LIB( I( Il IF'J!"N ITUY UPON 14111 IA 1 'OF 1 t I 1�RJ'I I(")'f N(S)i\ I I'l). I:,NI"( I FI p;p7 I ItN Doti'IR t IM N I 0 ('FRIWY I Y 0FITIKAUM' UND[�K tjjI� j,/\\\,Soj, u xj," 0 4— S k�IT'OI'AI(�/O�Ni\ Tf ('I Ff I F, I Ok F6(,H N6 P/\I�AG R r\Pll t IS I JZJ it, A M)('0R RE('1 .............. CIL 11Nh)'S tff// VI) I,\'/,) CIL U) 046 AR'FA FoR orriciAL NOFORIAL SEAL ShWA I URE ........... 0 u- 0 L I) E 0 0 U) U) Packet Pg. 945 PHILADELPIRIA INDEMNITY INSURANCE COMPANY U) One Bala Plaza,Suite I DO BaN Cynwyd,PA 1900 4-0950 :c 4— Power of Attorney 0 9= 0 KNOW ALL PERSONS BY THESE PPP-,SENTS That PHILAOCILPHIA INDEMNITY INSURANCE COMPAN Y(the Company),a corporation organized and existing under the laws of Ole Commonwealth of Pennsylvania,does hereby constitute and appointj&Lij,.Ag1jjhjr gg�d Daniel 9012V ofW uarldlIL49 IDBEAM its true and lawful Attorney-in-fact with full authority to execute on its hehalf bonds,undertakings,recognizaricies and other contracts ofindemnifty and Writings obligatory in the nature thereof,issued in,the course of its business and to bind the Company thereby,in an amount not to exceed S-50,0,001,000. U) 9= 0 This flower of Attorney is granted and is signed and scaled by facsimile under and by the authority of the following Resolution adopted by the Board ofDireciom of L) PHILADELPHIA INDEMNITY INSURANCE COMPANY oil the 141il of November,20 t6, 0L_ RESOLVED: That the Board of Directors:hereby authorizes the President or any Vice President of the 4— Company.(1)Appoint Attorney(s)in Fact and authorize the Aftorricy(s),in Fact to execute ap an behalf of the Company bonds and undertakings, contracts of itideminity and other writings obligatory in the nature thereof and to attach the seal!of the Company themw and (2),to remove,at anytime,any such Attorney-in-tract and revoke the authority given, And, be it FURTHER RESOLVED: That the signatures of such otficersx and the seat of the Company may be affixed to any M such Power of Attorney or certificate relating thereto by facsirnfle,and any such flower of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Cbrnpany in the future with respect to any bond at undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA JNDEMNIITY INSURANCE COMPANY HAS CAUSED THl[S INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEAUI'O BEAFRXEDBY ITS AUTHORIZEDOFFWE THIS 5TH DAY OF MARCH,2021, 0 L) 4- 9 0 7 > k. 0 0,'e (Seal) ploh, Glomb, lit&CE < Preside 0 ) Philadelphia Indemnity Insurance Company E L_ 0 On this S"day orMatch,2021 before me came the individual who executcd the preceding instrument,to me personally known,and being by me duly sworn said that he U- is the therein described and authorized officer of the PHILADELP141A INDEMNi,ry INSURANCE COMPANY„ that the seal affixed to said instrument is the Corporate seal of said Company;that the said Corporate Seal'and his signaturc were duly affixed 0 Notary Public: L) eettlaarParanaGy&wwugi•No seal Vanessa Mckg M MCenNryeaaas y My 004111d SWO 4VITes 144verribw 3,2024 Commli Mon num bet 136639,4 M*004t ftnAlrNMIAM104juan residing at: Bala Cynwyd,PA 00 My commission cxpircs. November 3,2024 E 0 0 U) 1,Edward Sayago,Corporale Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do hereby certify that the foregoing resolution ofthe Board of 0 Directors and the Power of Attorney issued pursuant thereto on the 5"'day March,202 f are true and correct and are stalk in full force and efti,I do further certify that W John Glomb, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, tn'res6mony Whereof l have subscribed my name arid affixed the facsfinfle seal of each Company this 1 4th day or March 20 2 3 U) 4i 1927t a to Edward Sayago,Corporwe Secretary PHILADELP141A INDEMNITY INSURANCE COMPANY Packet Pg. 946 HIGGS BEACH RESTROOMS REPLACEMENT U) SECTION 00120 0 NON-COLLUSION AFFIDAVIT 4- 0 l, Bagn Wofsey of the city Wye lest according to law on my oath, and under penalty of perjury, depose and say that: U) C 1 1 am President 0 U L- of the firm of Barracuda Builders of 0 the proposer making the Proposal for the project described in the notice for calling for proposals for: Higgs Beach Restrooms Replacement and that I executed the said proposal with full authority to do so; 2. The prices in thiis proposal have been arrived at independently without colluslion, consultation, commiun,ication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; and 3. Unless otherwise required by law, the prices which have been quoted in this proposal 3: have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or 0 to any competitor; and U 4, No attempt has been made or will be made by the proposer to induce any other person, 76 partnership or corporation to submit, or not to submit, a proposal for the purpose of > 0 restricting competition; and CL CL 5. The statements contained in this affidavit are true and correct, and made with full < knowlp U) d E 'ge of project. 3/13/2 0023 U- (Signatur of Proposer) (Date) 0 U STATE OF. Florida Monroe COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of physical presence or El online E 0 notarization, on 0 (date) U) by (name of affiant). �e/She is personA,y IMvyn,,Ja.n,4e or has produced (type of identification) identification. IIA 4NTARVI�UBLIC v) M (SEAL) My commission expires: E 4 PROPO SAL FORM 00120-Page 31 of 210111111111.11 Packet Pg. 947 HIGGS BEACH RESTROOMS REPLACEMENT V) LOBBYING AND CONFLICT OF INTEREST CLAUSE 4- SWOlRN STATEMENT UNDER ORDINANCE NO. 010-1990 0 MONROE COUNTY, FLORIDA V) ETHICS CLAUSE C 0 U 0 Barracuda Builders of Key West, Inc, (Company) warrants that he/it has not employed, retained or otherwise had act on, his/its, behalif any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section: 3 of Ordinance No. 0110-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may, also, ini its discretion, deduct from the contract or purchase price, or otherwise recover, 3: the full amount of any fee, commission, percentage, gift, or consideration plaid to the former County officer or emipiloyee". 0 U (Signature), 0 CL Date, 3/13/2023 CL V) E 0 U- Flol STATE OF. ridia 0 COUNTY CF: Moniroe L I) Subscribed and sworn to (or affirmed) before me, by means of M physical presence or 0 online (date) notarization, on, N&Y"e-E E by 0 ia il(name of affiant). dg]She isktm K 0 kno ,Ig_me or has produced (type of identification): as identification. FZ" �0TAP y PUBLIC X (SEAL) My commission expires: E PROPOSALFORM 010 12 0- Pag 2W, < Packet Pg. 948 HIGGS BEACH RESTROO'MS REPLACEMENT U) DRILIG-FREE WORKPLACE FORM! The undersigned vendor in accordance with Florida Statute Section 2 7.087 hereby certifies that: 4- 0 Barracuda Builders of they West, Inic. (Name of Business) 1 Publishes a,statement notifying employees that the unlawful manufacture, distribution, dispensiinig, aU) possession, or use of a controlled substance us prohibited in the workplace and specifying the 0 U actions that wfll be taken against employees for violations of such prohibition, 0L_ 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available dirug counseling, rehabilitation, and employee assistance prograrns, and the penalties that may be imposed upon employees for dirug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the ernployees that, as a condition of working on the commodities or contractual services that are uinder proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendlere to, any violation of Chapter 893(Florida Statutes)or of any controlled substance law of the United States or any state, for a,violation occurringi in the workplace no later than five (5) days after such conviction. 0 U 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the ernployee's community, or any employee who is so, convicted. 0 CL & Makes a good faith effort to continue to,maintain a drug-free workplace through implementation, of CL this section. U) As the person authorized to sign the statement, I certify that this firm compl'i es fufly with the above E 0 requirements, U_ froposer s bignature 0 U 3/1 3/2023 Date Florida STATE OF: E COUNTY OF: Monroe 0 0 U) Subscribed and sworn to (or affirmed) before me, by means of V'pIysical presence or 0 online notarization, on date) by R'i""O�L A (name of affiaint). 9&e-6-1 -Le/She is p rson, Ily e or has,produced (type of identification) U) N, as identification, �E 3J NOTARY PUBLIC My commissilon,expires: 7 (SEAQ E PROPOSAL FORM 0011 20- g,:V$�#-�3 of b FPacket Pg. 949 1 HIGGS BEACH RESTROOMS REPLACEMENT U) LOCAL PREFERENCE FORM A, Vendors claiming a, local preference according to Ordinance 023,-2009, as amended by Ordinance No. 4- 0 0104-20,15 and 025-2015, must clornplete this form., a .2 Name of BlidderlResponder Diate: 3/13/2023 1. Does the vendor have a valid receipt for the business,tax paid to the Monroe County Tax Collector dated U) a at least one(1),year prior to the notice of request for bids or proposals? yes .(Please furnish copy.) 0 U 2. Does the vendor have a physical business address located within Monroe County from which the vendor 0 operates or performs business on a day-to-day basis that is a, substantial component of the goods or E services being offered to, Monroe County? yes (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one (1) year prior to the notice of request for bid or proposal.) List Address: 601 3rd Ave. Key West, FL 33040, Telephone Number: (305)396-7752 13, Does the vendol contractor intend to subcontract 50:% or more of the goods, !services or construction to local businesses meeting the criteria above as to licensing and location? Yes If yes, please provide: 0 1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated U at least one (1:) year prior to the notice or request for bid or proposal. 2. SUbcontractor's physical business address within Monroe County from which the subcontractor operates: > 0 CL (The physicals business address must be registered as its princiipall place of business with the Florida CL Department of State for at least one (1)year prior to the notice of request for bids or proposals) < U) Tel.Number E 0 Address LL Print Game: .Sign I atukd'and Title of Authorized! Signatory for 0 U Bidder/Responder Florida STATE OF, COUNTY OF: Monroe E 0 Subscribed and sworn to (or affirmed) before me, by means of Vp"I'ysical presence or 0 onliine 0 U) notarization, on NA aw-c 4 -;D _(date) I by );3�L'Q 6,wl, S.,L-(0 (name of affiant). He/Sh,e is personally lino to me or has produced (ty of idrification) as identification. U) NO�iAR�Y�PUBLIC L-f (SEAL) My commissionexpires:,expire E PROPOSAL FORM 010 12 0- P aj634',of 2 '�' Packet Pg. 950 HIGGS BEACH, REST ROOMS REPLACEMENT' U) PUBLIC ENTITY CRIME STATEMENT 4- 0 "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 snot submit a bid on a contract w ithi a public entity for the construction or repair of a U) a public building or public work, may not submit bids on leases of real property to public entity, may 0 U not be awarded or perform,work as a contractor, supplier, subcontractor, or CONTRACTOR under 0L_ 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 frorn the date of being placed on the convicted vendor Iist," I have read the above and state that neither Bryan Wolfsey (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last thirty-six (36) months, (Signatur ' Date: 113/2023 0 U 8 0 CL CL STATE OF: Florida U) E COUNTY OF: Monroe 0 U_ Subscribed andl sworn to (or affirmed) before me,, by means of Vphysicall presence or 0 online 0 kkavc_L U notarization, on (date) by 0 Y 1-i exv% (name of affiant). He/She is personally known to me or has produced (typM. e of wA. E identification. 0 0 �5S rz, 4CT, RY PUBLIC (SEAL) My commission expires:E X E .a PROPOSAL FORM 00 120- Page S of 220, Packet Pg. 951 HIGGS BEACH RESiTROOMS REPLACEMENT U) VENDOR CERTIFICATION REGARDING, SCRUTINIZED COMPANIES LISTS 0 4- 0 9= Project Descriptio n(s): Repl ace Higgs Beach Restrod s, .0 Respondent Vendor Name: Barracuda Builders,of Key West Inc. Vendor FEK 46-1840239 U) a Vendor's Authorized Representative Marne and Title: Bryan Wofsey, Presid 0ent U Address: 56,01 3rd Ave. 0 City: Key West State: Florida Zip: 330,40 Phone Number 3015,396.7752 Ernafl Address. infol2barracuidabufliders,comi ,Section 287,135, Florida Statutes prohibits a, company from bidding oni, submitting a proposal for, air entering into air renewing a contract for goods or services, of any amount if, at the time of contracting or renewal,the company is oni 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 fromi bidding oni, submitting a proposal fair, or entering into or renewing a contract for goods or services of $1,0001,0100 or more, that are on either the Scrutinized Companies with Activities iln Sudan List or the Scrutinized Comipianies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to is, 215.473, Florida Statutes,, or is engaged in biusiniess operations in Cuba or 0 Syria. U As, the person authorized to, sign on behalf of Respondent, I hereby certify that the compainy identified M above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that > 0 Boycott Israel List or engaged in a boycott of Israel and for Projects of:$1,0001,0100 or more is not listed an CL either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in, CL the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. U) I uinderstand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may E 0 subject company to,civil penalties, attorney's fees, and/or costs. I further understand that any contract with u- the County may be terminated, at the option of the County, if the company is found to have submitted, a 9= false certification or has, been placed on the Scrutinized Companies that Boycott Israel List or engaged in 0 a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized U Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in blusiness operations in Cuba or Syria. Certified By: Bryan Wofsey who is,authorized E toys on behalf of the aboll!�,referenced colmplaniy, 0 0 Authorized Signature. U) 7 Print Name° Bryan Wbfsey Title: President U) Note: Thie List are available at the following Department of Management Services Ste- y n d � t cil1�V//M 11`V,C rns �! i inf M ry encit,:,,ci diE;g iuruii i 1,toi,Y mdof E PROPOiSALFORM 010 12 0 Page 36 of 220 Packet Pg. 952 C.21.a HIGGS BEACH RESTROOMS REPLACEMENT SUBCONTRACTOR LISTING FORM 4- 0 Division Subcontractor Contact Person Ph#w/area code Fax: Cell: Address 9= c� 2 Key Iron Works Steve Henson 305-294-0277 5551 2nd Ave, Key West 5 CZ Craft Zbynek Pavlicek 305-923-3411 6471 B 3rd St, Key West 5 Keys Roofing Jimmy Sample 305-451-5678 PO Box 371227, Key Largo 0 9 Professional Plastering Designs Jerry Jimenez 305-791-9047 5409 Overseas Highway, Marathon tL- 22 Shawn Hudgins Plumbing Shawn Hudgins 305-294-6276 5607 3rd Ave, Key West 23 Sub Zero Todd Oropeza 305-294-9243 6003 Peninsula Ave, Key West 26 Florida Keys Electric Raymond Vasquez 305-296-4028 905 Oversea Highway, Key West c� c� U 0 CL CL U) 0 0 U c� E 0 0 U) c� U) E c� PROPOSAL FORM 00120- Page 37 of 220 Packet Pg. 953 C.21.a HIGGS BEACH RESTROOMS REPLACEMENT U) SECTION 00130 INSURANCE REQUIREMENTS AND FORMS - MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES General Insurance Requirements for Construction Contractors and Subcontractors U 0 Prior to the commencement of work governed by this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Sub-Contractors engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre- staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and 0 failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor will be held responsible for all deductibles and self-insured retentions that may be 0 U contained in the Contractor's Insurance policies. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: Certificate of Insurance or A Certified copy of the actual insurance policy. 0 However, the Contractor shall provide to County Project Management a valid Certificate of 0 Insurance and a certified complete copy of any and all Builder's Risk Insurance Policies and policies covering County-owned property with all endorsements, amendments, exclusions and notice of changes to the policy. On any and all Builder's Risk Insurance Policies and policies covering County-owned property, the Monroe County Board of County Commissioners will be named as a named U) insured, additional insured and loss payee. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. c� INSURANCE REQUIREMENTS AND FORMS 00130- Page 38 of 220 Packet Pg. 954 C.21.a HIGGS BEACH RESTROOMS REPLACEMENT All insurance policies must specify that they are not subject to cancellation, non-renewal, material 0 change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given E' to the County by the insurer. - The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. U) The Monroe County Board of County Commissioners, its employees and officials will be included t0 as "Additional Insured" on all policies, except for Workers' Compensation. 0 Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. c� c� c, 76 0 0 0 U c� E 0 0 c� E c� INSURANCE REQUIREMENTS AND FORMS 00130- Page 39 of 220 Packet Pg. 955 C.21.a HIGGS BEACH RESTROOMS REPLACEMENT WORKERS' COMPENSATION U), INSURANCE REQUIREMENTS E' FOR - HIGGS BEACH RESTROOMS REPLACEMENT BETWEEN MONROE COUNTY, FLORIDA AND 0 c, 0 _Barracuda Builders of Key West, Inc. Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes and the requirements of Florida Statutes, Chapter 440. c� In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease, policy limits $1,000,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. c) Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. 0 If the Contractor has been approved by the Florida's Department of Labor, as an authorized self- insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. E If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund 0 upon request from the County. c? c� 0 0 U) c� U) E c� INSURANCE REQUIREMENTS AND FORMS 00130- Page 40 of 220 Packet Pg. 956 C.21.a HIGGS BEACH RESTROOMS REPLACEMENT GENERAL LIABILITY U), INSURANCE REQUIREMENTS E' FOR - HIGGS BEACH RESTROOMS REPLACEMENT BETWEEN MONROE COUNTY, FLORIDA AND 0 c, 0 Barracuda Builders of Key West, Inc. Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability 0 The minimum limits acceptable shall be: U $1,000,000 Combined Single Limit An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. 0 In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. 0 The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. c� 0 0 U) c� U) E c� INSURANCE REQUIREMENTS AND FORMS 00130- Page 41 of 220 Packet Pg. 957 C.21.a HIGGS BEACH RESTROOMS REPLACEMENT VEHICLE LIABILITY U), INSURANCE REQUIREMENTS E' FOR - HIGGS BEACH RESTROOMS REPLACEMENT BETWEEN MONROE COUNTY, FLORIDA AND 0 c, 0 _Barracuda Builders of Key West, Inc. Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: t0 4- $500,000 per Person 0 $1,000,000 per Occurrence > 0 $100,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. E 0 c, c� 0 0 U) c� U) E c� INSURANCE REQUIREMENTS AND FORMS 00130- Page 42 of 220 Packet Pg. 958 C.21.a HIGGS BEACH RESTROOMS REPLACEMENT U) PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT g' INSURANCE REQUIREMENTS - Worker's Compensation Statutory Limits Employers Liability $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease U Policy Limits $1,000,000 Bodily Injury by Disease, each employee General Liability, including $1,000,000 Combined Single Limit Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Vehicle Liability (Owned, non-owned, and hired vehicles) $1,000,000 Combined Single Limit If split limits are preferred: 0 $500,000 per Person $1,000,000 per Occurrence $100,000 Property Damage > 0 Builder's Risk: Limits equal to the full replacement value of the completed project L_ The contract shall require a Public Construction bond equal to the contract cost. The bond must _ be issued by an A rated surety company doing business in the State of Florida. The Contractor shall provide a certified copy of the recorded payment and/or performance bond to the Owner pursuant to Fla. Stat. Sec. 255.05. U Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative E proceedings, appellate proceedings, or other proceedings relating to any type of injury (including 0 death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of U) Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of INSURANCE REQUIREMENTS AND FORMS 00130- Page 43 of 220 Packet Pg. 959 HI'GIGS BEACH RE,STROOMS REPLACEMENT U) liability under this contract shall be not less than $1 million per occurrence pursuant to Fla. Stat., 0 P Sec. 725.06, Insofar as the claims, actions, causes of action, Mn gation, proceedings, costs or 4- expenses relate to events or circumstances that occur during the term of this Agreement, this 0 9= section will !survive the expiration of the term of this Agreement or any earlier termination of this, 0 Agreement. U) In the event that the completion of the proyect (to include the wort of others) is delayed or C 0 suspended as a result of the Contractor s failure to purchase or maintain the required insurance, U the Contractor shall indemnify the County from any and all' increased expenises resulting from 0 such diellay. Should any claims be asserted against the County, by virtue of any deficiency or 12 ambiguity in; the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall, hold the County harmless and, shall indemnify it from all losses occurring, thereby and, shall further defend any claim or action on the County's behalf, The first ten dollars ($110.00) of remuneration paid to the Contractor is for the indemnification provided for the a,bov,e. The extent of liability is in no way limited to,, reduced, or lessened by the insurance requirements contained elsewhere within this AGREEMENT, PROPOS�ER'S STATEMENT 0 1 understand the insurance that will be mandatory if awarded' the contract and will comply in full! U with all of the requirements herein. I fully, accept the indemnification and hold harmless and duty 0 to defend as set out in this proposal. 0 CL CL Bryan Wofsey E L- PROPOSER SignatuF6 0 U- 0 U E 0 0 P INSURANCE AGEtL75_STATEMENT E INSURANCE REQUIREMENTS AND FORMS 00 130- Page 44 of 220 Packet Pg. 960 HIGGS BEACH RESTROOMS REPLACEMENT U) 0 P 4- 0 1 have reviewed the above requirements with the proposer named above. The following d,eduictible apply to the corresponding Ipol�icy. U) C POLICY DEDUCTIBLES 0 L) 0 General Liability $1,000 Bodily Injury/Propeirty Damage Automobile $50O Com,prehensive/Collision Liability policies are Occurrence Claims Madle 00, 0 U Evergreen Insurance Agency Insurance Agency Signature > 0 CL CL E 0 u- 0 U E 0 End of Section 00 130 0 U) U) E INSURANCE REQUIREMENTS AND FORMS 00 130- Page 45 of 220 Packet Pg. 961 BARRBUI-01 C.21.a FDATE(MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE /13/2023 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 POLICIE7 U) BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZES �a 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 4- If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement or this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). a PRODUCER NAME CT Evergreen Insurance Agency PHONE FAX 683 105th Ave.N Suite 2 (A/C,No,Ext): (561)966-8883 (A/C,No):(561)964-8885 Royal Palm Beach,FL 33411 E-MAIL info@evergreeninsurance.com INSURERS AFFORDING COVERAGE NAIC# O U INSURERA:Evanston Insurance Company 35378 O INSURED INSURER B:MercuryIndemnity Co.ofAmeric 881 Barracuda Builders of Key West,Inc. INSURER C: 6601 3rd Avenue INSURER D Key West,FL 33040 INSURER E: , INSURER F M 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 PERIOI INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,1 , CLAIMS-MADE X OCCUR PREMI 3AA639900 2/4/2023 2/4/2024 E LLJ RENTED 100�1 X PREMISESS( RENTED occurrence $ � MED EXP(Any oneperson) $ 511 PERSONAL&ADV INJURY $ 1,t)t)t),I 0 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,t)t)t),I I_ POLICY� JECT1:1 LOC PRODUCTS-COMP/OP AGG $ 2,000,1 M OTHER: $ > B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1�000�1 Ea accident $ CL X ANY AUTO X BA090000013868 4/30/2022 4/30/2023 BODILY INJURY Perperson) $ CL OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ `tl' X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accdent $ PIP $ 10,1 C UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ � WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER a 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 $ E O DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) 0 RE: HGGS BEACH RESTROOMS REPLACEMENT U) Monroe County Board of County Commissioners as additional insured with respect to general liability and auto liability. C5 U) cm �9 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI Monroe Count Board of Count Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED It Y Y ACCORDANCE WITH THE POLICY PROVISIONS. c/o Purchasing Department c� 1100 Simonton Street,Room 2-213 Key West,FL 33040 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION The ACORD name and logo are registered marks of ACORD Packet Pg. 962 KYMBERLY041770 C.21.a DATE CERTIFICATE, OF LIABILITY INSURANCE 3/14/2023 E29 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON! THE CERTIFICATE HOLDER. THR CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND 1 OR ALTER THE COVERAGE AFFORDED BY THE POLIICIE' BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN' THE ISSUING INI:SUIRER(S), AUTHORIZE[ U) REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. 0 ---------------------- 0 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ie%) must have ADDITIONAL INSURED provisions or be endorsed ,E If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A Statement oi - this certificate does not confer rights to the certificate holder in lieu of such endorsernent(s). 0 a PRODUCER CONTACT 0 NAME,: Certificates Commercial Lines-(813)321-7500 PHONE -1-FA1t USI Insurance Services LLC E-MAIL ADDREss Certificates@kymberlygroup.com U) 2502 N Rocky Point Dr IINSURER�S)AFFORDING COVERAGE NAIL# 9= 0 Tampa, FL 33607 INSURER A Service American Indemnity Company 39152 L) L- INSURED INSURER B: 0 Kymberly Group Payroll Solutions, Inc., Barracuda Builders of Key West IN SURER C 1 West Church St INSURER D: IN SUR ERE: Orlando, FL 32801 LINSURER F;, COVERAGES CERTIFICATE NUMBER: 15694573 REVISION NUMBER: See below 'THIS IS "10 (-,ERTI17Y THAT 'I HE POLICIES OF INSURANCE LISTED:BELOW HAVE BEEN ISSUED T() THE INSUREE)NAMED ABOVE FOR I HE POLICY PERIO1 INDICATED. N07WITHSTANDING ANY REQUIREMENT, 'TERM OR CONDIT0N OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THITE U CERTIFICATE MAY BE ISSUED; OR MAY PFRI'AIN, THE INSURANCE AFFORDED BY rHiE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE VERME EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN!MAY HAVE BEEN REDUCE[)BY PAID CLAIMS, tksRl INSUR (M ArIOCS018RI POLICY EFF, POLICY EXP LTR TYPE OF ANCE IN i WVD POLICY NUMBER MIDMYYYY dI1MIDDfYYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ -DAMAOr. R)RENWO CLAIMS. OCCUR PRCMISIS $ MFr.)FXFI pAny one pursoifw S PERSONAL&ADV RNJURY S 0 GFNII AGGRFGATF I IMI7 APF1 RFS PFR GE NE RAE.AGGREGAI E U R 4- POLICY i Pl-CO l LOCI PRODUCT CO S- MFI/OP AGE, i 0 AUTOMOBILE LIABILITY COMBINED SINGLE UM11 > 0 ANY AL110 BODILY INJURY lPf,.r ponm)n) CL CL 1OWW'D SCHEDULLD BODII.Y IN.A.H�Y(Pernomdnnt�ii S 4UT6SONO' I AUTOS < I r., P R 0 P L r�t Y b,�w A 6�,-------- ----------------- -11R.H.) NON $ — AUTOSONLY ............... AUTOS ONLY EA.)-.............................................................. .................................................................................... $ E UMBRELLA LIAB 0 OCCUR LACH 0CCURRLNCL $ EXCESS LIAR CLAIMSMA[k AGGRFGAII ............. DEC I WO R KE R S CO MPENSA TION 01 H. A SAPLWCPE00000200 01/01/2023 01/01/2024 x�tUARIUIE AND EMPLOYERS'LIABILITY ER 0 YIN 1,000,0C L) :N; I,A,CC-I1a,L,N1, IMaindatory In N11) —] M ANYPFROPR�EIORPPAP,7hg..F�OEXE('Ll"Ils/1' IA� S OF 17 1CF,RIME MBr 9 E XC A U DE 07 rA DISCASI, -I-AF.MP�0YF.Fjj 1,000,0C v de,"'Cribe unricr 1 'a 11 1 PI ION OF OPF RAI 10 N S bedow E,L D L OM,ISEASr-POUCY T 1,000,0C ................ Ly DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES (ACORD 101,AddifionalJ Remarks ScheduIe,may be attached it more space is required) 0 0 to to CERTIFICATE HOLDER CANCELLATION �E Monroe County Board of County Commissioners c/o Purchasing Department SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IT qp 1100 Simonton Street, Room 2-213 ACCORDANCE WITH THE POLICY PROVISIONS. E Key West, FL 33040 AUTHORIZED RE P R E 5 ENIT ATIV E The ACORD name and':logo are registered marks of ACORD @ 1988-2015 ACORD CORPORATION, All rights reserved, ACORD 25(20:16103) 1 Packet Pg. 963 C.21.a -' U) Z O 4-; C E 0 u U 0 LU l 14- W 4-1 DC 0 Lu w °J j 0 N E (U (J Q W W % r � � r! % J r O/�/o 4-1 LL li 00 r ��/ it �/ / +-' u O a ,miry, ', ,, 2 ELL LL � G� W 0 s N QJ CL CL Q �0////% / / r / j i ;i ri 4 Q N 0 '� ' /1 lE V , ,� r / f� r on (ULLI L f6 W �J �% l %// r� �� /r/!m/i%/r ,r �� /r / / I/ Q t r / l r / �/ _ 1 f r r� �� 0 L- a � / ��/,%/ ,U v I / YLu o/ 75"'� �_ LLI > N LU F Z ° Z Z Lu O W 0 2 V ~ >, a 0 W H 0 Pg. 964 C.21.a 2022 / 2023 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2023 4- 0 RECEIPT# 30140-110014 Business Name: BARRACUDA BUILDERS OF KEY WEST INC y BRYAN ROBERT WOFSEY 5601 3RD AVE Owner Name: Business Location: KEY WEST, FL 33040 Mailing Address: 0 5601 3RD AVE Business Phone: 305-396-7752 U KEY WEST, FL 33040 Business Type: CONTRACTOR(CERTIFIED GENERAL CONTRA - 2) 4- Employees 1 00 STATE LICENSE: CGC1521253 Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Paid 20.00 0.00 20.00 0.00 0.00 0.00 20.00 Paid 102-21 -00001751 07/12/2022 20. 00 0 U THIS BECOMES A TAX RECEIPT Sam C. Steele, CFC,Tax Collector THIS IS ONLY A TAX. o WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL COUNTY AND/OR CL MUNICIPALITY CL PLANNING, ZONING AND < LICENSING REQUIREMENTS. 0 0 t) c� MONROE COUNTY BUSINESS TAX RECEIPT E P.O. Box 1129, Key West, FL 33041-1129 0 EXPIRES SEPTEMBER 30, 2023 Business Name: BARRACUDA BUILDERS OF KEY WEST INC RECEIPT# 30140-110014 5601 3RD AVE Business Location: KEY WEST, FL 33040 Owner Name: BRYAN ROBERT WOFSEY Mailing Address: Business Phone: 305 396 7752 5601 3RD AVE Business Type: CONTRACTOR(CERTIFIED GENERAL CONTRA, CM;) KEY WEST, FL 33040 M Employees 1 E STATE LICENSE: CGC1521253 Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Paid 20.00 0.00 20.00 0.00 0.00 0.00 20.00 Paid 102-21 -00001751 07/12/2022 20. 00 Packet Pg. 965 2023 FLORIDA PROFIT CORPORATION ANNUAL REPORT FILED C.21.a DOCUMENT#P13000006646 Jan 12, 2023 Entity Name: BARRACUDA BUILDERS OF KEY WEST, INC. Secretary of State 1068648734CC Current Principal Place of Business: U) 5601 3RD AVENUE KEY WEST, FL 33040 4- 0 Current Mailing Address: c� 5601 3RD AVENUE KEY WEST, FL 33040 US 0 t3 FEI Number: 46-1840239 Certificate of Status Desired: No L- Name and Address of Current Registered Agent: WOFSEY, BRYAN R. 14 BAY DRIVE _ KEY WEST, FL 33040 US The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both,in the State of Florida. SIGNATURE: BRYAN WOFSEY 01/12/2023 Electronic Signature of Registered Agent Date Officer/Director Detail Title P, D Title S,T Name WOFSEY, BRYAN R. Name WOFSEY, BRYAN R Address 14 BAY DRIVE Address 14 BAY DRIVE 0 U City-State-Zip: KEY WEST FL 33040 City-State-Zip: KEY WEST FL 33040 8 0 CL CL U) E 0 0 U c5 E 0 0 U) c5 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath,that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607,Florida Statutes,and that my name appears 8) above,or on an attachment with all other like empowered. L59 SIGNATURE: BRYAN WOFSEY PRESIDENT 01/12/2023 Electronic Signature of Signing Officer/Director Detail Date c5 Packet Pg. 966 C.21.b Agreement Between Owner and Contractor n Where the basis of payment is a STIPULATED SUM 0 U 4- 0 AGREEMENT 0 Made as of the 19t" day of April 2023 CL CL BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 And the Contractor: Barracuda Builders of Key West, Inc. 5601 3,d Avenue Key West, Florida 33040 CN For the following Project: HIGGS BEACH RESTROOMS REPLACEMENT Scope of the Work The intent of this Request for Proposal (RFP) is for Monroe County to hire a Contractor to demolish the existing restroom building at Higgs Beach, Key West, Florida and construct a new bathroom facility, in the same footprint. The Contractor is required to provide a complete job as contemplated by the drawings and U)i specifications, which are a part of this bid package. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies, permits and any other means of construction necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. c� Scope of work shall include the following: 1. Temporary restrooms will need to be provided during construction. 2. Building Demolition: Items as shown on Demolition drawings. 3. Remove paving and curbs as required to accomplish new work. U 4. Within area of new construction, remove foundation walls and footings to a minimum two (2) feet below finished grade. c� Page 1 of 19 Packet Pg. 967 C.21.b 5. Outside area of new construction, remove foundation walls and footings to a minimum of two (2) feet below finished grade. 6. Remove concrete slabs on grade as indicated on drawings. 7. Remove other items indicated, for salvage, relocation, and recycling. c� 8. Fill excavations, open pits, and holes in ground areas generated as result of removals, using specified fill; compact fill as required so that required rough grade elevations do U not subside within one year after completion. 0 0 9. Contractors shall Comply with the following: a) EPA (NPDES) Phases I and II, under requirements for the 2003 Construction General Permit (CGP), whether the project is required by law to comply or not. .2 b) FDEP Florida Stormwater, Erosion and Sedimentation Control Inspector's Manual. i. Florida's storm water regulatory program requires the use of Best Management Practices (BMPs) during and after construction to minimize erosion and sedimentation and to properly manage runoff for both storm water quantity and quality. c) Develop and follow an Erosion and Sedimentation Prevention Plan and submit N periodic inspection reports. d) Erosion and Sedimentation Control Plan: i. Submit at least 10 days prior to effective date of Notice to Proceed. ii. Mill certificate for silt fence fabric attesting that fabric and factory seams comply with specified requirements signed by legally authorized official of manufacturer. U) i e) Mulching: Install in accordance with Erosion Control Plan, FDOT Sections 104 and E 0 981. o U) f) Demo the existing restroom building, including foundations and underground elements. g) Accurately record actual locations of capped and active utilities and subsurface construction. h) Provide Geotechnical report and Wave Loads Analysis; Soil Boring test results. 0 U c� Page 2 of 19 Packet Pg. 968 C.21.b c� ARTICLE 1 The Contract Documents M The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda issued prior to execution of this Agreement, together with the response to RFP and all required insurance documentation, and Modifications issued after execution of this Agreement. The o Contract represents the entire and integrated agreement between the parties hereto and c- 0 supersedes prior negotiations, representations or agreements, either written or oral. An 76 enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the 0 event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as > follows: N/A ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the Owner. The Contractor shall achieve Substantial Completion of the entire Work not later than Three Hundred Sixty-Five (365) calendar days after the date of commencement or issuance of a Notice to Proceed. The time or times stipulated in the contract for completion of the work of the contract or of specified phases of the contract shall be the calendar date or dates listed in the milestone schedule. Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extensions in time as set forth by the Director of Project i Management's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. U) 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 g' $500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day c� The Contractor's recovery of damages and sole remedy for any delay caused by the 0 Owner shall be an extension of time on the Contract. U Uncontrollable Circumstance. Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was Page 3 of 19 Packet Pg. 969 C.21.b 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 0 c) Circumstance"). Contractor's financial inability to perform, changes in cost or availability - of materials, components, or services, market conditions, or supplier actions or contract 76 disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within seven (7) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The g County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek additional time at no cost to the County as the Owner's Representative may determine. > ARTICLE 4 Contract Sum i 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of , the Contract the Contract Sum of One Million, Two Hundred Sixty-Five Thousand, Three Hundred Ninety and 00/100 Dollars ($1,265,390.00), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: E Alternate: Flood Barriers c� Fifty-Three Thousand Two Hundred and 00/100 Dollars (Alternate —Words) U)i $53,200.00. E 0 0 (Alternate — Numbers) 4.3 Unit prices, if any, are as follows: N/A ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Director of Project Management, and upon approval for payment issued by the Director of Project Management and Architect, the Owner shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract 0 U Documents. c� Page 4 of 19 Packet Pg. 970 C.21.b 5.2 The period covered by each Application for payment shall be one (1) calendar month ending on the last day of the month. 5.3 Payment will be made by the Owner, upon receipt of a proper invoice from the Contractor, in accordance with the Florida Local Government Prompt Payment Act (Section 218.735, Florida Statutes) and Monroe County Code. The Contractor is to submit to the Owner invoices with supporting documentation that are acceptable to the Monroe County Office of Clerk and Comptroller (County Clerk). Acceptability to the County Clerk is based upon generally accepted accounting principles and such laws, rules and regulations as may U govern the disbursal of funds by the County Clerk. The Owner is exempt from sales and 0 use taxes. A copy of the tax exemption certificate will be provided by the Owner upon 76 request. 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 Director of Project Management may require. This schedule, unless objected to by the Director of Project Management, shall be used as a basis for reviewing the Contractor's Applications for Payment. W 5.5 Applications for Payment shall indicate the percentage of completion of each portion of 6, 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: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the �- total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of five percent(5%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be the net cost to the Owner, less Overhead, Profit and Documented Costs incurred prior to the change Request, as U)i indicated in the corresponding line item in the Approved Schedule of Values for that line 0 item as confirmed by the Director of Project Management.When both additions and credits 0 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 U) delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage; 5.6.3 Subtract the aggregate of previous payments made by the Owner; and t0 4i 5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions. c� Page 5 of 19 Packet Pg. 971 C.21.b 5.7 Retainage of five percent (5%)will be withheld in accordance with Section 218.735 (8)(a), Florida Statutes. ARTICLE 6 Final Payment c� Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor and U the work has been accepted by the Owner except for the Contractor's responsibility to correct 0 nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy ra other requirements, if any, which necessarily survive final payment, and (2) a final approval for 0 payment has been issued by the Director of Project Management. Such final payment shall be made by the Owner not more than twenty (20) days after the issuance of the final approval for payment. The following documents (Samples in Section 01027, Application for Payment) are required for Final Payment: .2 (1) Application and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion W (4) Contractor's Affidavit of Debts and Claims (5) Contractor's Affidavit of Release of Liens (6) Final Release of Lien (7) Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a common form (i.e. flash drive) of all the following, but not limited to: A. Project Record Documents (As Built Documents). �- B. Operating and maintenance data, instructions to the Owner's personnel. c� C. Warranties, bond and guarantees. D. Keys and keying schedule. U)i 0 E. Spare parts and maintenance materials. 0 U) F. Electronic copies of approved submittals. c� G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). U) H. Copies of either a Certificate of Completion or Certificate of Occupancy issued by the City of Key West Building Department. 0 U E c� Page 6 of 19 Packet Pg. 972 C.21.b 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. c� 7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. U 4- 0 7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities, of 76 the General Conditions. 0 7.4 Annual Appropriation. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated, and the County has no further obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. 7.5 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract to supply any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of thirty-six(36) months from the date of being placed on the convicted vendor list. c� 7.6 The following items are included in this contract: a) Maintenance of Records. Contractor shall maintain all books, records, and documents U)i directly pertinent to performance under this Agreement in accordance with generally E 0 accepted accounting principles consistently applied. Records shall be retained for a 0 period of seven (7) years from the termination of this Agreement or five (5) years from the submission of the final expenditure report as per 2 CFR §200.333, if applicable, whichever is greater. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for U) seven (7) years following the termination of this Agreement. If an auditor employed by the County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, Florida Statutes, running from the t0 date the monies were paid by the Owner. .. c� Page 7 of 19 Packet Pg. 973 C.21.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 (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence U deemed necessary by Owner or by the Monroe County Office of the Clerk of Court 0 and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges 76 related to this Agreement, and all other agreements, sources of information and 0 matters that may in Owner's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner or the County Clerk. Owner or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10)years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of records, assets, and activities relating to this Project. If an auditor employed by the County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, Florida Statutes, running from the date the monies were �- paid to Contractor. The Right to Audit provisions survive the termination or expiration of this Agreement. c� b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event U)i that any cause of action or administrative proceeding is instituted for the enforcement 0 or interpretation of this Agreement, the County and Contractor agree that venue shall 0 lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial by jury. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. U) c) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; t0 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 c� Page 8 of 19 Packet Pg. 974 C.21.b Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. d) Attorney's Fees and Costs. The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any 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 U non-prevailing party and shall include attorney's fees and court costs in appellate 0 proceedings. 76 0 e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. 0 f) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of counsel. g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of the funding that affect the Project will be provided to each party. h) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer �- sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of Section 7.4, Section 7.6 or Article 8 concerning termination or M cancellation. U)i 0 i) Cooperation. In the event any administrative or legal proceeding is instituted against 0 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 U) shall be required to enter into any arbitration proceedings related to this Agreement. j) Nondiscrimination/Equal Employment Opportunity. The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, t0 this Agreement automatically terminates without any further action on the part of any .. party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to E c� Page 9 of 19 Packet Pg. 975 C.21.b nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of disability; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of U drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, 0 Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to ra nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health 0 Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101 Note), as may be amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or W expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter 6, of, this Agreement. k) Covenant of No Interest. County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. I) 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. U)i 0 m) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself, 0 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 U) 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 n) Employment or Retention of Former County Officers or Employees. Contractor U warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Monroe E c� Page 10 of 19 Packet Pg. 976 C.21.b County Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Monroe County Ordinance No. 020-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. c� o) Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article U 1 of the Constitution of Florida. The County and Contractor shall allow and permit 0 reasonable access to, and inspection of, all documents, records, papers, letters or 76 other "public record" materials in its possession or under its control subject to the 0 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. N Pursuant to Section 119.0701, Florida Statutes and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. U)i 0 (3) Ensure that public records that are exempt or confidential and exempt from 0 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. U) (4) Upon completion of the contract,transfer, at no cost,to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are t0 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 E c� Page 11 of 19 Packet Pg. 977 C.21.b requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County U or allow the records to be inspected or copied within a reasonable time. 0 76 If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor.A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise W provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292- 3470 BRADLEY-BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. p) Non-Waiver of Immunity. Notwithstanding the provisions of Section 768.28, Florida Statutes, the participation of the Contractor and the County in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or 0 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. c� q) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when , performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the 0 U territorial limits of the County. c� Page 12 of 19 Packet Pg. 978 C.21.b r) Legal Obligations and Responsibilities: 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. s) Non-Delegation of Constitutional or Statutory Duties: This Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida U constitution, state statute, and case law. 0 76 t) 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. W u) Attestations. Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. N v) 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. w) 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. U)i 0 x) Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum 0 insurance requirements prescribed elsewhere in this Agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission t0 of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) .. Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, E c� Page 13 of 19 Packet Pg. 979 C.21.b litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. The limits of liability shall be as set forth in the insurance requirements included in this Agreement. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. L) 4- 0 In the event that the completion of the project (to include the work of others) is delayed ra or suspended as a result of the Contractor's failure to purchase or maintain the 0 required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance W requirements contained elsewhere within this Agreement. 76 This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the County's sovereign immunity. N y) 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. z) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this agreement. The DBE requirements of applicable federal U,i and state laws and regulations apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that DBE's have the opportunity to compete and perform contracts. The County and Contractor and subcontractors shall not discriminate on the basis of race, color, national origin or sex in award and performance of contracts, U) entered pursuant to this Agreement. aa)Agreements with Subcontractors. In the event that the Contractor subcontracts any or all of the work in this project to any third party, the Contractor specifically agrees to identify the COUNTY as an additional insured on all insurance policies required by the 0 County. In addition, the Contractor specifically agrees that all agreements or contracts c) of any nature with his subcontractors shall include the COUNTY as additional insured. E c� Page 14 of 19 Packet Pg. 980 C.21.b bb) Florida Green Building Coalition Standards. Monroe County requires its buildings to conform to Florida Green Building Coalition standards. Special Conditions, if any, are detailed in Section 00100 of the Project Manual for this Project. cc) Independent Contractor. At all times and for all purposes under this Agreement, Contractor is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this Agreement shall be U construed so as to find Contractor or any of its employees, subcontractors, servants, 0 or agents to be employees of the Board of County Commissioners of Monroe County. 76 0 dd) E-Verify System. Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor W shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of Section 448.095, Florida Statutes. ee) Entire Agreement. This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in writing, approved by the Board of County Commissioners, and signed by both parties before �- it becomes effective. 7.7 Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, postage prepaid, or by courier with proof of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice is deemed received by Contractor when hand delivered by national courier with proof of delivery or by U.S. 0 Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the following persons: c� For Contractor: Bryan Wofesy Barracuda Builders of Key West, Inc. 5601 3 d Avenue Key West, Florida 33040 c� For Owner: Director of Project Management Assistant County Administrator, PW& E 1100 Simonton St., Room 2-216 1100 Simonton St. t0 Key West, Florida 33040 Key West, Florida 33040 c� Page 15 of 19 Packet Pg. 981 C.21.b County Attorney 1111 121h Street, Suite 408 Key West, Florida 33040 ARTICLE 8 Termination or Suspension 0 8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General c- 0 Conditions. 76 8.2 In the event that the Contractor shall be found to be negligent in any aspect of service, the 0 County shall have the right to terminate this Agreement after five (5) calendar days'written notification to the Contractor. 8.3 Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days' written notice of its intention to do so. 8.4 Termination for Cause and Remedies: In the event of breach of any contract terms, the County retains the right to terminate this Agreement. The County may also terminate this Agreement for cause with Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the County shall provide Contractor with seventy-two (72) hours' written notice and provide the Contractor with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the County terminates this Agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this Agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract; however, the County reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to Contractor shall not in any event exceed the spending cap in this Agreement. In addition, the County reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located M at Section 2-721 et al. of the Monroe County Code. 0 8.5 Termination for Convenience: The County may terminate this Agreement for convenience, 0 at any time, upon thirty (30) days' written notice to Contractor. If the County terminates this Agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this Agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract. The maximum amount due to Contractor shall not exceed the spending cap in this Agreement. 8.6 For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has U given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section c� Page 16 of 19 Packet Pg. 982 C.21.b 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 8.7 For Contracts of $1,000,000 or more, if the County determines that the M Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has given the U 4- Contractor/Consultant written notice and an opportunity to demonstrate the agency's 0 76 determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. ARTICLE 9 Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: W a) Drawings: Higgs Beach Restrooms Drawings 29 Aug 2022 76, b) Specifications: Higgs Beach Restrooms Specifications 29 Aug 2022 N c) Project Manual: N/A 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. c� 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated: N/A U) i 9.1.4 The Addenda, if any, are as follows: E 0 Number Date Page c� This Agreement is entered into as of the day and year first written above and is executed in at least one (1) original copy. U) BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW 0 U c� Page 17 of 19 Packet Pg. 983 Execution by the Contractor must be by a person with authority to bind the enitity. SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED, ao (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: Kevin Maclok, Clerk OF MONROE COUNTY, FLORIDA cr By: By: 0 U As Deputy Clerk Mayor/Chairman 4- 0 Date C',C)LJN1-1Wr AT-1-01R"IZV'S CWF#Cr- -ra ARF�ROVFZO ASTO FORM > 0 (SEAL) 01 Ak*311.AS'rA%%n'C>1 W rwrE. ............ CONTRACTOR'S Witnesses Attest: CONTRACTOR: BARRACUDA BUIILDERS OF KEY WE St, INC. Contractor must provide two witnesses, > signatures SlignatUre. Signature: Pdnt Name: C, W Print Name: "V Title! ( ,v L 3 Date:Date�_ 2 CN and Signatuk,�-�.................. (17, Print Name:c th loe . Date: STATE OF OL 6A COUNTY OF M1 U) E On this— �J' day of /Acio v- 201-3, before m 0 e, the undersigned notary public, 0 1 by rneans of physical presence or El online, personally appeared U) (name of affiant) known to n,ie to be thLtperson whose earne iq_auts6 ove or fto produced as identification, and acknowledged that he/she is the person who executed the above contract with Monroe County for HIGGS BEACH RESTR PLAC MENT for the purposes thereiin contained. U) Notary Public41 ,.r_� "3 Print Name % cs My commission expires: (Sear" tl Y C "Ir, 0 U End of Section 00500, F'F E 18 Of 19 Packet Pg. 984 C.21.b GENERAL REQUIREMENTS c� Where Project Management is Not a Constructor c� Section 00750 General Conditions Section 00970 Project Safety and Health Plan Section 00980 Contractor Quality Control Plan c- Section 01015 Contractor's Use of the Premises 0 76 Section 01027 Application for Payment Section 01030 Alternates Section 01040 Project Coordination Section 01045 Cutting and Patching Section 01050 Field Engineering Section 01200 Project Meetings Section 01301 Submittals Section 01310 Progress Schedules Section 01370 Schedule of Values Section 01385 Daily Construction Reports Section 01395 Request for Information — (RFI) Section 01410 Testing Laboratory Services Section 01421 Reference Standards and Definitions Section 01500 Temporary Facilities Section 01520 Construction Aids Section 01550 Access Roads and Parking Areas Section 01560 Temporary Controls Section 01590 Field Offices and Sheds Section 01595 Construction Cleaning Section 01600 Material and Equipment Section 01630 Post-Proposal Substitutions Section 01640 Product Handling Section 01700 Contract Closeout Section 01710 Final Cleaning Section 01720 Project Record Documents Section 01730 Operation and Maintenance Data Section 01740 Warranties c� 0 U c� Page 19 of 19 Packet Pg. 985 non 44!M 43eJ4UO:Do f nojddV) °t,L° 0 swO0 s sBBIH-4004S uopein ' :4u9wgo to U co T N V � G. 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