Item H06
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 21, 2006
Division: Growth Management
Bulk Item: Y es ~ No
Department: Planning
Staff Contact Person: Ty Symroski
AGENDA ITEM \VORDING:
Approval of change order for the safety improvements project on the Florida Keys Overseas Heritage Trail.
ITEM BACKGROUND:
The Florida Keys Overseas Heritage Trail (FKOHT) is a multi-purpose recreational trail designed to stretch from
Key Largo to Key West Part of the project is to provide safety upgrades on substandard sections of the Overseas
Heritage Trail to accommodate a new bike path. As part of Monroe County's commitment to the project, the BOCC
allocated funding to complete various phases of the project.
The Florida Department of Environmental Protection/Office of Greenways and Trails have requested a change order
to include additional safety improvements for the trail. These segments will include additional ADA compliance
elements and change in quantity from the bid specifications to the actual required quantity
PREVIOUS RELEVANT BOCC ACTION:
May 18, 2000-Resolution 205-2000-A Resolution to allow the FDEP to design, build, and maintain the Florida Keys
Overseas Heritage Trail.
FebruaIY 21, 200l-Resolution No. 84-2001- A resolution transferring $527,974.55 from Roadway Impact Fees as a
50/50 fund match for ClGP funds to be used for safety upgrades on the Overseas Heritage Trail.
April 19, 2006-Approval of three party contract with Otak Group Iue. and the Dept. of Environmental Protection to
construct safety improvements on the lower keys portion of the Florida Keys Overseas Heritage TraiL
CONTRACT/AGREEMENT CHANGES:
See Attached Change Order (Change Order Cost $277,068)
STAFF RECOMMENDATION:
Approval.
TOTAL COST: $227,068.68
BUDGETED: Yes
x
No
COST TO COUNTY: $113,534.34
SOURCE OF FUNDS: FDOT, ClGP
25-50511-530490-GW0205
REVENUE PRODUCING:
Yes N/A No
AMOUNT PER MONTH
Year
APPROVED BY:
County Atty _-.K~ OMB/Purchasing ~Risk Management_
7/ ;5/
/ Ty Symroski
DIVISION DIRECTOR APPROVAL:
DOClJMENTA TION: Included ~~
Not Required ~n_m
DISPOSITION:
AGENDA ITEJH #
>'Cc'.'T"<f;;:);i!"C,
GREENWAY~(t.
(850)245-2052 Fax (850)245~2082
June 5, 2006
Mr. Jose Papa
Monroe County Planning Department
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
RE: Florida Keys Overseas Heritage Trail
Safety Improvements, Stock Island & Big Pine Key
FDEP Project No. MC ool-B
FDOT No. FM 410504-1-54-02
Contractor: Otak Group, Inc.
PROPOSED CHANGE ORDER
Dear Mr. Papa:
Please accept this letter as substantive support for the attached change order documents
submitted for Monroe County approval by mutual agreement by the FDEP I OGT
Tallahassee Office, the FDEP I OGT Key Largo Trail Management Office and Monroe
County Staff as follows:
1. The Big Coppitt Trail Segment is proposed to be deleted due to a planned turn lane
project through the segment by the FDOT.
2. The deleted sum of$ 1,641.32 offered by the contractor to bring the project into
Monroe County funding compliance.
3 _ Big Pine Key and Stock Island bid alternates are proposed to be added to the contract
as indicated on the attached spread sheet These items are considered to be essential
to the project to conform to safety features and code compliance elements.
4. The FDEP Engineers has researched the bid alternate unit prices and find they are
at or below FOOT standards for the scope and project location.
Please let me know of any additional information you may require.
Sincerely,
1
/4
//~
{ /"
Y Randy Smith, RGC
Construction Projects Administrator
Office of Greenways & Trails
Florida Department of Environmental Protection
ENCLOSED CHANGE ORDER DOCUMENTS:
CC: FDEP: Samantha Browne, Debra Stucki
MONROE COUNTY: Jose Papa, Dave Koppel, P.E., Judy Steele, P.E.
CONSULTANT: Chris Brockmeier, P.E.
CONTRACTOR: Otak Group Inc.
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Chan1!e Order
Contract for Construction Services
or
Other Services Commodities
Contract No.: DC641
01
;Change Order No.
Project No.; MCOOI-B
OTAK
: Vendor I Contact Person
Location I Park; FKOHT - Safety Improvement
.n,",.__,."."...................."...".."......
904-225-2588
;Phone No.
1. Additional construction for alternate bid items, as indicated on attached proposal.
$
$
227,068,68
Total Contract Days & Start Date:
Substantial Completion:
May 8, 2006
1/3/2007
l/3/2007
Original Contract Sum: $
Fixed Price Cost Change: $
Net Change, Add: $
Present Contract Sum: $
New Contract Sum: $
664,170.00
227,068.68
Original Substantial Completion.
Change, Add:
April 3, 2007
May 3, 2007
+ one year
.111i, Change Order is an amendment to the Contrael Agreement between CONTRACTOR and the DEPARTMENT. and a1l contrael provisions shan apply Lmless speciticaJly cxempted. The
amount and time change designated Ure the maximum agreed to by both the DEPARTMENT and the CONTRACTOR for this change. 1n consideration oflhe foregoing adjustments in C<>lltract
time and cOnlmet sum the CONTRACTOR hereby releases DEPARTMENT from all claims, demands or C<luses of action arising out of the transactions, events and occunence8 giving rise to
this Change Order. This written Change Order is the entire 'lgreemenl between DEPARTMENT alld CONTRACTOR with respect to this Change Order. No other agreemcnts 01
modificMions ,hall apply 10 this contract amendlllcntunless expressly provided herein. This ChMge Orderrepresellls !lllal agency aClion pursuant to Section 12057, Florida Statutes (198'))
Signatures and Dates:
i\1ayo rCharl()s(~()lllly)M cC oy
(:"ountJ' q/AlollToe
Date:
Samantha Browne
(~~",,~::~-!6ri' ,L
Date.
u ~'0""
Michael Renard
Date:
.~ CA:Z?
OTAK
Inc.
Datec.
Encumbrance Information:
THIS PROJECT IS FUNDED BY MONROE COUNTY
CCc Ruth Heggen, Contracts Administrator (MS 93)
The Bureau of Finance & Accounting (MS 78)
Florida Department of
Memorandum Environmental Protection
TO: Mike Renard
FROM: J. Randy Smith
DATE: June 2, 2006.
RE: Florida Keys OIerseas Heritage Trail
PROJECT: Safety Improvements - Stock Island
Big Pine Key
FDEP Project No. MC 001-B
FOOT No. FM 410504-1-54-02
Contractor: Otak Group, Inc.
Contract No. DC 641
Summary of Requested Change Order
The summary of Change Order deletions and additions follows:
Stock Island $ 426,120.00
Big Coppitt 63,270.00
Big PineKey 174.780.00
Total Base Bid $ 664,170.00
Delete Big Coppltt ( $ 63,270.00 )
Total $ 600,900.00
Deiete Me defide;"1t ( $ 1,641.32 )
Total $ 599,258.68
Add Stock Island $ 54,297.00
Alternates
Add Big Pine Key $ 237,683.00
Alternates
Total $ 891,238.68 Ne-w Total Contract Amount.
Original Base Bid $ 664,170.00
Net Change. Order Amt. $ 227,068.68
This change order will require Monroe County BOCC approvaL Please prepare the CO with required
FDEP signatures. I will O'v'emight to t--1C. Once MC has approved then we can send to contractor for
signature. Please review at'"t.achments for details of the CO transaction.
CC: FDEP: Samantha Browne! Debra Stucki
Jl.lONROE COUNTY: Jose Paper DaveKnppel, P.E., Judy Steele, P.E., Nat Cassel
FKOHT
SAFETY IMPROVEMENTS
CHANGE ORDER
Description
Base Bid (dated November 8, 2005)
I Stock Island .
! Big Coppi\t
i BiQ Pine
T ataI Base Bid
Required
Bid Quantity Quantity
Unit
Unit Prioe
Value Engineering Concepts
Realign 0rlginaI Lump Stun values prior tc any costsavings:
ba_ on _2S, 2005 _Ik>m 0Iak CMI Gro<<p, ItrC. (#em # 1 in DEP ~ Ie#er!
i A iStock Island I - I.
~ B.I~ ~itt .---J.. i
C, : Big Pine :'
lRaaUgn Total ~~.
. .
---t- i
--~----~_.
CHANGE ORDER {DELETIONS AND ADDITIONS}
Deletions
R.1! Removal of Big Coppitt (Item B,) ~--
due to FOOT future work plan and !
. iconstruct above A. and C. I
I.
i
I
Additions
. ! Stock IsJand (2.5 intersections) I ~==t=' - -C
~_Marker (type 2) i _ 561 ~ 0: EA . $250.00 ~
;0' Ma~~) ., 56!EA ~__,.--J39,OOI
N;, It 1m .ntj =t= 3501 44OILF. $84.50:
CoIOfed Trall ___ _~~~_ 491SY ,~_~~_~_ $65.00,
,Mill & Rasurfaca ,309.3: 3O:SY I $35,10
,New Construction ! 400 3O! SY I . $32.50 :
lDetectableWamin S 180!SF $54.00:
AIt 1 Totals
BidTotai
$368,500.00
$1.49,700.00
$145.970,00
$664,170.00
$426,120.001
_ $63,270.00 i
$174.700.001
,_ $664, 1I!l~
$63,270.00 I
Big Coppitt
IABI A. I Object Marker (type 2)
1~~_,,~IAsphalt Imprinting
IABl C. jColored Trail
LABI D. . Mill & Resurface
i
$14,000.001
$(.1.001
$29,575.00 .
$10,111.40
$10,656.43
$13,000.00
$0.001
$77 .542.83
I
I
------r--'
8 i ~~~0fEA" !
'1ooo! -~ I
~__^MC_~_'_'__~~C.
760.91 OISY ~
309.31. . O:SY~_
. AIt 2 Totals
$250.001
$84.50 I
$65.001
$35.101
Big Pine (10 intersections)
IABI ~ I Object Marker (type 2) ~ 30: OlEA L
fABl At. i Object Marker (type 2) i 0, 30, EA L~-
IABI R 'Asphalt Imprinting I 1000' 12901 LF 1_
ABl C,_____~ed T~I _~ ,,~4-'---41:'!~7-~__.:l~__ ___ L---...-.__~,
ABl 0, !MiIl & Resurface i 1023.41 ..3OiSY ~
AS! C2 I Color Trail ~djacantto Ave Ai. ! .
! (from Cunnlnl1ham Way to Father i ,I
iTonyWay) : oi 1so.~__j
)Det:ectil.ble Waming System i 600 ISF '
$250.00 I
$39.001
$84.50 i
$65.00 !
$35..10 i
$2,000.00 I
$84,500.00 ,
$49,458.501
$10,656.431
$146,814.93
$7,500.00
$0.00
$84,500.00
$28,886.00
$35,921.34
$65.oo! $0.00
.__~m~___ .
$54.00 i $0.00
Aft 3 Totals $156,807.34
INew --~,
Construction Total $1,045,335.10
Items marked "New" were not included in the original bid package scope of wOfk
Items with a '0' in the "Bid Quanffly" column wem not ac=unted fur in the quantity take of supplied by the consuttant
1
~
$O-OOi
$2,184.00!
$37,180.001
$3,185.001
$1,053.00
$975.00
$9,720.00 I
$54,297.00
-::1
--~~
-- $O.oo!
$0.001
$0.00
$0.001
$1,170.00 I
$109,005.00 I
$9,360.oo!
"$~oOl
I
,
!
$84.695.~ 1
$32.,400.00
$237,683.00
$892,880.00
.1:'<115"1;: 1. Ul. k
Smith, Randy
From: John Kato [cklotak@yahoo.com]
Sent: Thursday, June 01, 2000 11: 17 AM
To, Smith, Randy
Cc: Johnny.H.Kato; Muggs Kato
Subject: Cost Reduction - Big Coppitt
June t, 2006
~fr. J. Randy Smith
Construction Projects Administrator
Florida Department Of Environmental Protection
Office Of Greenways & Trails
RE: COST REDUCTION
Florida Keys Overseas Heritage Trail - Trail Safety Improvements
DEP Project No. Me OOl-B
DE? Project No. BD&C 13-05166
Dear Mr. Smith:
Per our conversation this morning concerning the above reference project;Otak Group understands
Monroe County's intent to delete the Big Coppitt work items.
We understand and agree this represents a reductions in cost of Sixty-Three Thousand Two Hundred
Seventy dollars {$63,270.00}.
Also, please accept Otak Group's offer of an additional reduction in cost of Sixteen Hundred Forty-One
dollars and Thirty-Two cents {$1,641.32}.
Added together the total reduction in cost for deletion of Big Coppitt is;
Sixty-Four Thousand Nine Hundred Eleven dollars and Thirty-Two cents {$64,91 L32}
Delete the Big Coppitt $63,270.00
Additional Reduction Offer $ 1,641.32
Total Reductions Offered:
$64,911.32
Please contact m<:\ or our office if you have any question.
Thank you,
Joon Kato - Project Manager
Otak Group, Inc.
850022 U.S. Highway 17 North
6/112006
l"age .t. or .L.
Yulee, FL 32097
Office: 904-225-2588
Fax: 904-225-1001
Cell: 904-226-1167
New Yahoo! b.!essengerwith Voice. Call regular phones from your PC and save big.
6/112006
page 1 ot L
"
~
Smith, Randy
To: 8rowne, Samantha; Stucki, Debra; Renard, Mike; papa~jose@monroecounty-fl.gov
Ce: c1dotaK@yahoo.com
Subject: FW: Cost Reduction - Big Coppitt
F...Y".1
During my conversation this morning with Jose Papa reviewing the proposed change orders for Safety
Improvements Jose indicated that
the County was short by $1,641.32 and we would need to admend the MOA to transfer funds to cover the
defenciant amount
Jose and I discussed the possibility of requesting from the contractor to reduce his amont by the needed funds. I
called otak and they are in agreement
to facilitate the processing of the CO's. I will proceed to write the CO and submit to Monroe County for approval
prior to the CO going to the
contractor for signature.
Thanks, Randy
----original Message---
From: John Kato [mailto:cklotak@yahoo.com]
Sent: ThursdaY$ June 01t 2006 1.1:17 AM
To: Smith! Randy
Cc: Johnny H Kato; Muggs Kate
Subject: Cost Reduction - Big Coppitt
June I. 2006
Mr. J Randy Smith
Construction Projects Administrator
Florida Department Of Environmental Protection
Office Of Greenways & Trails
RE: COST REDUCTION
Florida Keys Overseas Heritage Trail- Trail Safety Improvements
DEP Project No. Me 001-B
DEP Project No. BD&C 13-05106
Dear Mr. Smith:
Per our conversation this morning concerning the above reference project, Otak Group understands
Monroe County's intent to delete the Big Coppitt work items.
Wel.IDderstand and agree this represents a reductions in cost of Sixty-Three Thousand Two Hundred
Seventy dollars {$63.270.00}.
Also, please accept Otak: Group's offer of an additional reduction in cost of Sixteen Hundred Forty-One
dollars and Thirty-Two cents {$1,641.32}.
Adde.d together the total reduction in cost for deletion of Big Coppitt is;
Sixty-Four Thousand Nine Hundred Eleven dollars and Thirty-Two cents {$64,911.32}
6/1/2006
Delete the Big Coppitt $63,270.00
Additional Reduction Offer ~LJ,641.l2
Total Reductions Offered:
$64,911.32
Please contact me, or our office ifyo1.lhave any question.
Thank you,
John Kato - Project Manager
Otak Group, Inc.
850022 U.S. Highway 17 North
Yulee, FL 32097
Office: 904..225-2588
Fax: 904-225-1001
Cell: 904-226-1167
I a1S~ k \.)1. "'"'
New Yahoo! Messenger with Voice. Call regular phones from your PC and save big.
611/2006
DEP Contract No. DC641
CONTRACT
THIS. CONTRACT (the "Contract") is entere4intobetween the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, OFFICE OF GREENW A YS AND TRAILS, whose address is 3900
Commonwealth Boulevard, MS #795, Tallahassee, Florida 32399-3000 (hereinafter referred to as the
"Department"), MONROE COUNTY, FLORIDA. c/o Monroe County Growth Management Division, 2798
Overseas Highway, Suite 410, Marathon, Florida 33050 (hereinafter referred to as the "County") and OTAK
GROUP, me, a Florida corporation, whose address is 850022 U.S. Highway 17, Yulee, Florida 32097 (hereinafter
referred to as the "Contractor").
In consideration of the mutual benefits to be derived herefrom, the Department, the County and Contractor do
hereby agree as follows:
I. A. The Department and the County do hereby retain the Contractor to perform construction services
for the proper execution and completion of the trail safety improvements on that portion of the
Florida Keys Overseas Heritage Trail located on Stock Island, Big Coppitt Key and Big Pine Key
(the ''project''). The Contractor does hereby agree to perform such work upon the terms and
conditions set forth in this ConlTact, Attachment A, Attachment B. all attachments and exhibits
named herein, Bid No. BD&C 13-05/06. all addenda and the completed bid form which are all
incorporated by reference as part of this Contract.
B. In the event of conflict in the provisions of said contract documents named above, the provisions
of this Contract shall conlTol over the General Conditions of the Contract for Construction AlA
Document A-20l, 1997 Edition, (hereinafter referred to as AlA Document A-20l).
2. The Contractor shall perform the services in a proper and satisfactory manner as determined by the
Department. Any and all equipment, products, labor and materials necessary to perform this Contract
shall be supplied by the Contractor, unless otherwise specified herein.
3. The Contractor shall perform as an independent contractor and not as an agent, representative, or
employee of the Department or the County;
4. A. As consideration for the services rendered by the Contractor under the terms of this Contract the
County shall pay the Contractor on a lump sum basis as specified in Attachment A. Request for
payment must be in a form satisfactory to the County Oed: (the ''Clerk''). The request must
describe in detail the services perfonned and the payment amount requested. The consultant as
specified in Attachment A (the ''Consultant'') must submit request for payment and progress
reports to the Department's project manager, who reviews the request, shall note their approval on
the request and forward it to the aed: for payment. If request for payment is not approved, the
Department's project manager must inform the Consultant in a writing that must include an
explanation of the deficiency that caused the disapproval of the request. When the Oerk receives a
request for payment, the Clerk shall pay the request in the amount approved by the Department's
project manager pursuant to Chapter 218, Part Vll. Florida Statutes, the Local Government Prompt
Payment Act
B. Contractor acknowledges and agrees that the Department shall not be responsible for payment of
the Contract Sum as specified in Attachment A ("Contract Sum"). Contractor acknowledges that
the County is solely responsible for payment of the Contract Sum and shall hold hannless the
Department against any liability, claims, judgments or cost of whatsoever kind and nature related
to the Contract Sum
DEP Contract No. DC641 Page I of 11
5. This Contract shall begin upon execution and end 12 months after final completion, During this 12
month period after final completion, the Contractor shall repair or replace any defective materials or
workmanship free of charge to the Department and the County. Work shaJl not begin before the date
established in the Notice to Proceed. In accordance with Section 287.058(2), Florida Statutes, the
Contractor shall not be eligible for reimbursement for services rendered (such as labor for preparation
and execution of the bid or travel necessitated by the bid process) prior to the execution date of this
Contract.
6. MONROE COUNTY'S PERFORMANCE AND OBLIGATION TO PAY UNDER THIS
CONTRACT IS CONTINGENT UPON AN ANNUAL APPROPRIATION BY THE COUNTY
COMMISSION,
7, Pursuant to Section 215.422, Florida Statutes, the Department's Project Manager shall have five (5)
working days, unless otherwise specified herein, to inspect and approve the services for payment. After
inspection, the Department shall submit a request for payment to the County. Invoices which have to
be returned to the Contractor for cOlTection(s) will result in a delay in the payment to the Contractor.
8. The Contractor shall indemnify, protect, defend, save and hold harmless the State of Florida, the
Department and the County against any and all liability, claims, judgments or costs of whatsoever kind
and nature for injury to, or death of any person or persons and for the loss or damage to any property
resulting from the lise, service, operation or performance of work under the terms of this Contract,
resulting from the negligent acts of the Contractor, his subcontractor, or any of the employees, agents
or representatives of the Contractor or subcontractor,
9. A. The Department or the County may terminate this Contract at any time in the event of the failure of
the Contractor to fulfill any of its obligations under this Contract. Prior to termination, the
Department or the County shall provide ten (10) calendar days written notice of its intent to
terminate and shall provide the Contractor an opportunity to meet with the Department or the
County regarding the reason(s) for termination within thirty (30) days. If the meeting does not
result in agreement or the Contractor fails to request such meetings, the Contract will be
considered terminated the day after the meeting was scheduled.
B. The Department or the County may terminate this Contract without cause and for its convenience
by giving thirty (30) calendar days written notice to the Contractor. When notified of such
termination, Contractor shall present all final invoices for all work performed on the project that is
authorized by this Contract within thirty (30) days of receipt of such notice. Any invoice not
timely or properly submitted shall not be paid.
C. In the event of early termination by the Department or the County, the County shall evaluate the
degree of project completion which can be achieved through only the County's contractual
responsibility for funding and the County's ability to provide the inspection services committed
herein by the Department. Should County determine that continuation of this Contract between the
two remaining parties is not in the best interests of the public, the County may, after providing the
Contractor with ten (10) days proper written notice terminate its obligations under this Contract.
When notified of such termination, Contractor shall present all final invoices for all work
performed on the project that is authorized by this Contract within thirty (0) days of receipt of
such notice. Any invoice not timely or properly submitted shall not be paid, In no event shall the
Coumy make payment for any work performed after the effective termination date.
D. The County may terminate this Contract at any time in the event of the failure of the Department to
fulfill any of its obligations under this Contract. Prior to termination, the County shall provide ten
(l0) calendar days written notice of its intent to terminate and shall provide the Department an
opportunity to meet with the County regarding the reason(s) for termination within thirty (3Oj days
after receiving notice of County's intent to terminate this Contract. If the meeting does not result
in agreement or if the Department fails to request a meeting. this Contract will be considered
DEP Contract No. DC64! Page 2 of II
terminated the day after this meeting was scheduled. When notified of such termination, Contractor
shall present all final invoices for all work performed on the project that is authorized by this
Contract within thirty (30) days of receipt of such notice. Any invoice not timely or properly
submitted shall not be paid. In no event shall the County make payment for any work perfonned
after the effective tennination date.
E. The Department or the Countyroay terminate this Contract because of the failure of the other party
to perform its obligations under this Contract. If the County terminates this Contract because of
the Department's failure to perform, then the County must pay the Department the amount due for
all work satisfactorily completed as detennined by the County up to the date of the Department's
failure to perform by minus any damages the County suffered as a result of the Department's
failure to perform. The damage amount must be reduced by the amount saved by the County as a
result of the Contract termination. When notified of such termination, Contractor shall present all
final invoices for all work: performed on the project that is authorized by this Contract within thirty
(30) days of receipt of such notice. Any invoice not timely or properly submitted shall not be paid.
In no event shall the County make payment for any work performed after the effective termination
date.
F. Notice shall be sufficient if delivered personally or by certified mail to the address set forth in
paragraph 10.
10. Any an all notices shall be hand delivered or sent by certified mail return receipt requested to the
parties at the following addresses:
Contractor
Aaron T.Kato., President
OT AK Group, Inc.
850022 U.S. Highway 17
YuIee. Florida 32097
Department
Michael Renard, Contract Manager
State of Florida
Department of En vironmental Protection
hand delivery to:
Alfred B. Maclay Gardens State Park
3540 Thomasville Road
Thomasville Road, Building B-1
Tallahassee, Florida 32309
or by mail to:
3900 Commonwealth Boulevard
MS# 520
Tallahassee, Florida 32399-3000
AND
Randy Smith, Project Manager
Office of Greenways and Trails
Department of Environmental Proteetion
3900 Commonwealth Boulevard
MS#795
Tallahassee, Florida 32399-3000
AND
Jose Papa, AlCP
Bicycle-Pedestrian Planning Coordinator
Monroe County Planning Department
2798 Overseas Highway, Suite #410
Marathon, Florida 33050
AND
Suzanne Hutton, Esq.
County Attorney, Monroe County
P.o. Box 1026
Key West, Florida 33041
DEP Contract No. DCM1 Page 3 of ! 1
Any change in address shall be provided by the changing party within tcn (to) days after the change.
II. This Contract may be unilaterally canceled by the Department or the County for refusal by the
Contractor to allow reasonable public access to all documents, papers, letters, or other material made or
received by the Contractor in conjunction with this Contract, unless the records are exempt from
Section 24(a) of Article r of the Florida Constitution and Section 119.07(1), Florida Statutes,
12. The Contractor shall maintain books, records and documents directly pertinent to performance under
this Contract in accordance with generally accepted accounting principles, consistently applied. The
Department, the State of Florida, the County, or their authorized representatives shall have access to
such records for audit purposes during the term of this Contract and for five years following Contract
completion or if there is a pending claim, dispute, or litigation, for three years following final
determination of such matter. In the event any work is subcontracted, the Contractor shaJ! similarly
require each subcontractor to maintain and allow access to such records for audit purposes for the same
time period.
[3. The Department's project manager is Randy Smith (telephone number 850-245-2989) or his successor.
The Contractor's project manager is Aaron Kato, (telephone number 904-225-2588) or his successor.
All matters shall be directed to the project managers for appropriate action or disposition.
14. A. The Contractor covenants that it presently as no interest and shall not acquire any interest which
would conflict in any manner or degree with the performance of services required.
B. No member, officer or employee of the Contractor or the locality during his tenure, or for two
years thereafter, shall have any interest, direct or indirect, in this contract or the proceeds thereof.
The Contractor shall be responsible for including this provision in all subcontracts issued as a
result of this Contract.
15. This Contract has been delivered in the State of Florida and shall be construed in accordance with the
laws of Florida. Wherever possible, each provision of this Contract shall be interpreted in such manner
as to be effective and valid under applicable law, but if any provision of this Contract shall be
prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such
prohibition or invalidity, without invalidating the remainder of such provision or the remaining
provisions of this Contract. Any action hereon or in connection herewith shall be brought in Leon
County, Florida.
16. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or
default by either party under this Contract shall impair any such right, power or remedy of cither party;
nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar
breach or default thereafter.
17. The Contractor recognizes that the State of Florida and the County, by virtue of sovereignty, are not
required to pay any taxes on the services or goods purchased under the terms of this Contract.
18, This Contract is neither intended !lor shall it be construed to grant any rights, privileges or interest in
any third party without the mutual written agreement of the parties hereto.
19. With regard to the Department: No person, on the grounds of race, creed, color, national origin, age,
sex, or disability, shall be excluded from participation in: be denied the proceeds or benefits of; or be
otherwise subjected to discrimination in performance of this Contract. The Contractor also agrees to
comply with the following non-discrimination requirements:
A. Title VI of the Civil Rights Act of 1964 (42 USC SS 2000d et seq.) and the regulations of the
Federal Department of Transportation issued hereunder, which prohibit discrimination on the
DEP Contract No. DC641 Page 4 of II
grounds of race, color or national origin under programs or activities receiving Federal financial
assistance; and,
R The Americans with Disabilities Act of 1990 (42 USC SS 12101 et seq.) prohibiting
discrimination on the basis of disability under programs, activities, and services provided or made
available by state and local governments or instrumentalities or agencies thereto, as well as public
or private entities that provide transportation,
With regard to the County: Contractor agrees that there will be no discrimination against any person,
and it is expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Contract automatically terminates without any further aClion on the
part of any party, effective the date of the court order. Contractor agrees to comply with aJ] federal and
Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include
but are not limited to: I) Title VI of the Civil Rights Action of 1964 (PL 88-352) which prohibits
discrimination on the basis of race, color, or national origin; 2) Title IX of the Education Amendment
of 1972 as amended (20 USC 55. 1681-1683, and 1685-1686), which prohibits discrimination on the
basis of sex; 3) Section 504 of the Rehabilitation Act of 1973 as amended (20 USC s. 794). which
prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975. as amended
(42 USC ss. 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office
and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug
abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of
alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912 ss. 523 and 527 (42 USC ss.
690dd-3 an 290 ee-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 s. et. Seq.) as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of
1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on
the basis of disability; 10) Monroe County Code Ch. 13, Art. VI prohibiting discrimination on the basis
of race, color, sex. Religion, disability, national origin, ancestry, sexual orientation, gender identity or
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 of, this Contract.
20. The Contractor agrees to ensure that Disadvantaged Business Enterprises as defined in applicable
federal and state regulations, have the opportunity to participate in the performance of this Contract. In
this regard, the Contractor shall take all necessary and reasonable steps in accordance with applicable
federal and state regulations, to ensure that the Disadvantaged Business Enterprises have the
opportunity to compete for and perfoml subcontracts.
21. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a
contract to provide goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work, may not submit bids on
leases of real property to a public entity, may not award or perform work as a contractor, supplier,
subcontractor, or consultant under contract with any public entity, and may not transact business with
any public entity. The State of Florida Department of Management Services is responsible for
maintaining the discriminatory vendor list and intends to post the list 011 its website. Questions
regarding the discriminatory vendor list may be directed to the State of Florida Department of
Management Services, Office of Supplier Diversity at telephone number (850) 487-0915.
22. This Contract is an exclusive contract for services and may not be assigned in whole or in part without
[he prior written approval of the Department and the County.
23. A< The Contractor shall not subcontract, assign, or transfer any work under this Contract without the
prior written conscnr of the Department's contract manager. The Contractor agrees to be
responsible for the fulfillment of all work elements included in any subcontract consented to by the
Department and agrees to be responsible for the payment of all monies due under any subcontracL
DEl' Contract No. DCM l Page 5 or ! [
It is understood and agreed by the Contractor that the Department and the County shall not be
liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that
the Contractor shall be solely liable to the subcontractor for all expenses and liabilities incun'ed
under the subcontract
B. The Department supports diversity in its procurement program and requests that all subcontracting
opportunities afforded by. this Contract embrace diversity enthusiastically. The award of
subcontracts should reflect the full diversity of the citizens of the State of Florida. The
Department will be glad to furnish a list of minority owned businesses for consideration in
subcontracting opportunities.
24. It is expressly understood and agreed that any articles which are the subject of, or required to carry out,
this Contract shall be purchased from the corporation identified under Chapter 946. Florida Statutes, if
available, in the same manner and under the same procedures set forth in Section 946.515(2) and (4),
Florida Statutes; and for purposes of this Contract the person, firm or other business entity carrying out
the provisions of this Contract shall be deemed to be substituted for this agency insofar as dealings with
such corporation are concerned.
The "corporation identified" is Prison Rehabilitative Industries and Diversified Enterprises, Inc.
(P.R.LD.E.) which may be contacted at:
P.R.LD.E.
12425 28th Street North
St. Petersburg, Florida 33716-1826
Telephone: 1-800-643.8459
Website: W<NW,oridefl.com
25. It is expressly understood and agreed that any articles that are the subject of, or required to carry out,
this Contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped
that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same
procedures set forth in Section 413.036(1) and (2), Florida Statutes; and for purposes of this Contract
the person, firm, or other business entity carrying out the provisions of this Contract shall be deemed to
be substituted for the state agency insofar as dealing with such qualified nonprofit agency are
concerned.
The "nonprofit agency" identified is RESPECT of Florida which may be contacted at:
RESPECT of Florida
2475 Apalachee Parkway, Suite 205
Tallahassee, Florida 32301-4946
(850) 487-1471
Website: WvlVl. respectofflorida. QKg
26. A. To the extent required by law, the Contractor will be self-insured against, or will secure and
maintain during the life of this Contract, workers' compensation insurance for all of his employees
connected with the work of this project and. in case any work is subcontracted, the Contractor shall
require the subcontractor similarly to provide workers' compensation insurance for all of the latter's
employees unless such employees are covered by the protection afforded by the Contractor. Such
self-insurance program or insurance coverage shall comply fully with the Florida workers'
compensation law. In case any class of employees engaged in hazardous work under this Contract
is not protected under workers' compensation statutes, the Contractor shall provide, and cause each
subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of
his employees not otherwise protected,
DEP Contract No. DeM) Page 6 of It
B. 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.
C. In addition, the Contractor shalJobtain Employers' Liability Insurance with limits of not less than:
$500,000 Bodily Injury by Accident
$500,OOOBodilylnjury by Disease, policy limits
$500,000 Bodily Injury by Disease. each employee
27, A, The Contractor shal! secure and maintain commercial general liability insurance including bodily
injury, property damage, personal and advertising injury, and products and completed operations.
This insurance will provide coverage for all claims that may arise from the services andlor
operations completed under this Contract, whether such services and/or operations are by the
Contractor or anyone directly or indirectly employed by the Contractor. Such insurance shall
include a hold harmless provision in favor of the State of Florida, the Department. [he Board of
Trustees of the Internal Improvement Trust Fund and the County and also include the State of
Florida, the Department, the Board of Trustees of the Internal Improvement Trust Fund and the
County as additional named insureds for the entire term of this Contract The minimum limits of
liability shall be $1,000.000.00 for each Occurrence and $2,000,000.00 in the aggregate.
B. The Contractor shall secure and maintain commercial automobile liability insurance for all claims
which may arise from the services and lor operations under this Contract, whether such services
andlor operations are by the Contractor or by anyone directly, or indirectly employed by him. The
minimum limits of liability shall be as follows:
$1,000,000.00 automobile liability combined single limit for company owned vehicles,
if applicable
$1,000,000.00 hired and non~owned liability coverage
C. The County shall be named as additional insured on all policies issued to satisfy insurance
requirements.
D. The Contractor shall secure and maintain, if applicable, during the life of this Contract a "Builders
Risk Policy," All Risks Form issued on a completed value basis. Installation floaters and other
inland marine forms may be utilized where applicable when they are in the best interest of the State
of Florida.
E. All insurance policies shall be insurers licensed or eligible to do business in the State of Florida.
The Contractor's current certificate of insurance shall contain a provision that the insurance will
not be cancelled for any reason except after thirty (30) days written notice to the Department's
Contract Administrator, Bureau of General Services, Procurement Section, State of Florida
Department of Environmental Protection. 3900 Commonwealth Boulevard, MS#93, Tallahassee,
Florida 32399-3000 and to Monroe County Department of Risk Management, 1100 Simonton
Street, Key West, Florida 33040.
28. The Department may at any time, by written order designated to be a change order. makc any change in
the work within the general scope of this Contract (e,g.. specifications, time, method or manner of
performance, requiremenrs, etc.). All change orders are subject to the mutual agreement of both parties
as evidenced in writing. Any change order which causes an increase or decrease in the Contractor's
cost or time sha]] require a formal amendment to this Contract
29. No member or delegate to the Congress of the United States shall be admitted to any share or part of
the Contract or any benefit arising therefrom,
DEP Contract No. DC64 I Page 7 of J t
30. The employment of unauthorized aliens by the Contractor/vendor is considered a violation of 8 U.S.C
!i 1324a. If the Contractor/vendor knowingly employs unauthorized aliens, such violation shall be
cause for unilateral cancellation of this Contract. The Contractor shall be responsible for including this
provision in all subcontracts with private organizations issued as a result of this Contract.
3 1. A person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not perform work as a grantee.. 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 36 months from the date of being placed on the convicted vendor list. If the Contractor is
placed on said list, after this Contract is executed, the Department may terminate the Contract in
accordance with Section 287.133, Florida Statutes, and paragraph lOaf this Contract.
32. A. If the Contractor brings to the performance of this Contract a pre-existing patent or copyright, the
Contractor shall retain all fights and entitlements to that pre-existing patent or copyright.
Otherwise, it is expressly agreed that the work performed under this Contract is a work for hire.
B. If any discovery or invention arises or is developed in the course of, or as a result of, work or
services performed under this Contract, or in any way connected herewith, the Contractor shall
refer the discovery or invention to the Department's Contract Manager for a determination whether
patent protection will be sought in the name of the State of Florida. Any and all patent rights
accruing under or in connection with the performance of this Contract are hereby reserved to the
State of Florida. In the event that any books, manuals, films, or other copyrightable material are
produced, the Contractor shall notify the Department. Any and all copyrights accruing under or in
connection with the performance under this Contract are hereby reserved to the State of Florida.
All materials to which the Department is to have patent rights or copyrights shall be marked and
dated by the Contractor in such a manner as to preserve and protect the legal rights of the
Department.
C. Prior to the initiation of services under this Contract, the Contractor shall disclose, in writing, all
intellectual properties relevant to the performance of this Contract which the Contractor knows or
should know, could give rise to a patent or copyright. The Contractor shall retain all rights and
entitlements to any pre-existing inte]]ectual property which is so disclosed. Failure to disclose will
indicate that no such property exists. The Department shall then, under paragraph B above, have
the right to all patents and copyrights which arise as a result of performance under this Contract.
D. The terms and conditions specified in paragraphs A, B, and C above shall also apply to any
subcontract made under this Contract. The Contractor shall be responsible for informing the
subcontractor of the provisions of this section and obtaining disclosures.
33. A All rights and title to works for hire under this Contract, whether patentable or copyrightable or
not, shall belong to the Department and shall be subject to the terms and conditions of this
Contract.
B. The computer programs, materials and other information furnished by the Department to the
Contractor hereunder shall be and remain the sole and exclusive property of the Department, free
from any claim or right of retention by or on behalf of the Contractor. The services and products
listed in Attachment A shall become the property of the Department upon the Contractor's
performance and delivery thereof. The Contractor hereby acknO\vledges that said computer
programs, materials and other information provided by the Department to the Contractor
hereunder, shall be and remain confidential and proprietary in nature to the extent provided by
Chapter 119. Florida Statutes, and that the Contractor shall not disclose, publish or use same for
any purpose other than the purposes provided in this Contract; provided, however. upon the
Contractor first demonstrating to the Department's satisfaction that such information, in part or in
whole, (I) was already known as the Contractor prior to its receipt from the Department; (2)
DEP Contract No. DeM! Pilge 1\ of I [
became known to the Contractor from a source other than the Department; or (3) has been
disclosed by the Department to third parties without restriction, the Contractor shall be free to use
and disclose same without restriction. Upon completion of the Contractor's performance or
otherwise cancellation or termination of this Contract, the Contractor shall surrender and deliver to
the Department. freely and voluntarily, all of the above-described information remaining in the
Contractor's possession.
C. The Contractor warrants that all materials produced hereunder will be of original development by
the Contractor and will be specifically developed for the fulfillment of this Contract and wi]] not
knowingly infringe upon or violate any patent copyright, trade secret or other property right of any
third party. and the Contractor shall indemnify, protect, defend, save and hold the Department
harmless from and against any loss, cost, liability or expense arising out of any breach or claimed
breach of this warranty.
34. The Contractor sha]] comply with all applicable federal, state and local rules, regulations and
ordinances in providing services to the Department under this Contract. The Contractor acknowledges
that this requirement includes compliance with all applicable federal, state and local health and safety
rules and regulations. The Contractor further agrees to include this provision in all subcontracts issued
as a result of this Contract.
35. Time is of the essence in performance of each and every term or condition of this Contract.
36. The Contractor shall stop work and immediately notify the Department's project manager when
archaeological material (human remains, bones, pottery, arrowheads, building foundations, etc.) are found
during construction.
37. A. In accordance with Executive Order 12549, Debarment and Suspension (43 CFR 12), the
Contractor shall agree and certify that neither it, nor its principals. is presently debarred.
suspended, proposed for debarment, declared ineligible, or voluntarily from participation in this
transaction by any Federal department or agency; and that the Contractor shall not knowingly enter
into any lower tier contract, or other covered transaction, with a person who is similarly debarred
or suspended from participating in this covered transaction, unless authorized in writing to the
Department.
B. Upon execution of this Agreement by the Contractor, the Contractor shall complete, sign and
return a copy of the form entitled "Certification Regarding Debarments, Suspension, Ineligibility
and Voluntary Exclusion - Lower Tier Federally Funded Transactions", attached hereto and made
a part hereof as Attachment B.
C. As required by paragraphs A and B above, the Contractor shall include the language of this
section, and Attachment B in all subcontract or lower tier agreements executed to support the
Contractor's work under this Contract.
38. The Contractor certifies that no federal appropriated funds have been paid or will be paid, on or after
December 22, 1989, by or on behalf of the Contractor, to any person for influencing or attempting to
influence an officer or employee of an agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding, renewal,
amending or modifying of any Federal contract, grant, or cooperative agreement. If any non-Federal
funds are used for lobbying activities as described above, the Contractor shall submit Attachment C,
Standard Form-LLL, "Disclosure Form to Report Lobbying" (attached hereto and made a part hereot),
and shall file qUilrterly updates of any material changes. The Contractor shall require the language of
this certification to be included in all subcontracts, and all subcontractor shall certify and disclose
accordingly.
DEP Contract No. DeMI Page 9 of 11
39. The Contractor and all subcontractors shall comply with the Copeland "AntiKickback" Act 18 USC
S 874.
40. This Contract represents the entire agreement of the parties. Any alterations, variations, changes,
modifications or waivers of provisions of this Contract shall only be valid when they have been reduced
to writing, duly signed by each of the parties hereto, and attached to the original of this Contract, unless
otherwise provided herein.
41. The Contractor hereby agrees that he has carefully examined the project site for which he shall provide
services and has made investigations to fully satisfy himself that such site(s) is (are) correct and
suitable for this work and he assumes full responsibility therefor. The provisions of this Contract shall
control any inconsistent provisions contained in the Scope of Work which is attached hereto as
Attachment A. The Scope of Work has been read and carefully considered by the Contractor, who
understands the same and agrees to its sufficiency for the work to be done. Under no circumstances,
conditions, or situations shall this Contract be more strongly construed against the County or
Department than against the Contractor.
42, Any ambiguity or uncertainty in the specifications shall be interpreted and construed by the Department
and County, and their decision shall be final and binding upon all parties.
43. The passing, approval, and/or acceptance by the Department and/or County of any of the services
fumished by the Contractor shall not operate as a waiver by the Department and/or County of strict
compliance with the terms of this Contract and Scope of Work. Failure on the part of the Contractor.
immediately after Notice to Correct, shall entitle Department and/or County, to correct the same and
recover the reasonable cost of such replacement and/or repair from the Contractor, who in any event
shall be jointly and severally liable to the Department and County for all damage. loss, and expense
caused to the Department and County by reason of the Contractor's breach of this Contract and/or its
failure to comply strictly and in all things with this Contract and with the specifications.
44. The Contractor shall not pledge the Department's or County's credit or make it a guarantor of payment
or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The
Contractor further warrants and represents that it has no obligation or indebtedness that would impair
its ability to fulfill the terms of this Contract.
45. If any term, covenant, condition or provision of this Contract (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 Contract shall
not be affected thereby; and each remaining term, covenant, condition and provision of this Contact
shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of
the remaining tenns, covenants, conditions and provisions of this Contract would prevent the
accomplishment of the original intent of this Contract. The County, Department, and Contractor agree
to reform this Contract to replace any stricken provision with a valid provisions that comes as dose as
possible to the intent of the stricken provision.
REMAINDER OF PAGE INTENTIONALLY LEFT BL4.NK
DEI' Contracl No. DC641 Page 10 of I ]
The parties have caused this Contract to be duly executed, the day and year last written below.
OT AK GROUP, INC, a Florida corporation
By~~'L~~
(Contractor's Authorized Signato!y*)
AA~ofo.) J. K ATO
(Print Signatory's Name and Title)
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENT AL PROTECTION,
OFFIC~OF GREEt)W A yp AND TRAILS
\ f 1/
$.,,~~ t'"---/
dfK"~ , . }..;' '.}~ "'-..P .
By:;, . y W\C,"...' '.1/" ~'---
'Setretary or Designee for the State of Florida
Department of Environmental Protection
3900 Commonwealth Boulevard
Tallahassee, Florida 32399
(CORPORATE SEAL)
Title:
Dah:: -.!l!L '" 0 5' - 0 (p
Date;
Approved as to form and le7aJity:
'\
S600 Z. 1.. V. ~. t1tJ1 f)
(Company Address)
'1UL.E€. ~L
(City, State and Zip Code)
~z.o~ I
MONROE COUNTY,
By its Board of County
FEID No. 5"<1
~ (p &a'll.. /
By:
*
Mayor Charles (So ny McCoy
(OFFIC AL SEAL)
~ I~ 2.'''''
Contractor's Remittance Address;
Date:
;;;,500lZ u. :S.
(Address)
,1 r
'IuLf!€ rf.,..
(City, State and Zip Code)
HtJY J 7
,{
..~ L.O<i 7
/
*For contracts with governmental boards/commissions: If someone other than the Chairman signs this Contract, a
resolution, statement or other document authorizing that person to sign the Contract on behalf of the Contractor must
accompany the Contract.
List of attachments/exhibits included as part of this Contract:
Attachment
Attachment
A
B
Scope of Work (6 Pages)
Certification Regarding Debarments, Suspension, Ineligibility and
Voluntary Exclusion-Lower Tier Federally (2 Pages)
Disclosure of Lobbying Activities (2 Pages)
Attachment
C
DEP Contract No. DC64l Page II of 11
ATTACHMENT A
Scope of Work
ARTICLE I. THE WORK
1.1 The Contractor shall perfOrl11 all the work required by the contract documents and provide for the proper
execution and completion of the trail safety improvements on that portion of the Florida Keys Overseas
Heritage Trail located on Stock Island, Big Coppitt Key and Big Pine Key.
1.2 All modifications pursuant to executed change orders processed as stipulated in the contract documents
shall become part of the Contract. The original contract, the bid documents, all amendments thereto, and
all change orders are hereinafter refened to as the "Contract."
ARTICLE 2. THE CONSULT ANT
The Consultant for this project is WilsonMiller, Inc.
ARTICLE 3. TIME OF COMMENCEMENT AND COMPLETION AND LIQUIDATED DAMAGES
3.1 The work to be performed under this Contract shall commence upon notification within ten (to) calendar
days after the date of the Department's Notice to Proceed, at which time the Contractor shall mobilize on
site and proceed with construction. The Contractor shall execute the work with diligence and dispatch so
as to maintain such schedules and milestones as established by the progress schedules. The work shall be
substantially completed within two hundred forty (240) calendar days after the date of the Notice to
Proceed and shall be finally completed within thirty (30) calendar days after the date of substantial
completion.
3.2 Liquidated Damages For Failure to Complete On Time
Because failure to complete the project within the time fixed in Article 3.1 will result in substantial injury
to the Department and to the County, and as damages arising from such failure cannot be calculated with
any degree of certainty, the Contractor agrees that if the project is not substantially completed, according
to the definition of "Substantial Completion" as contained in the specification terminology, unless a later
time, is agreed to by the parties in accordance with the Contract, the Contractor shall pay to the
Department and to the County liquidated damages for such delay, and not as a penalty, three hundred
dollars ($300.00) for each and every calendar day elapsing between the date fixed for substantial
completion in Article 3.1 and the date such substantial completion shall have been accomplished. The
Contractor also agrees that if this project is not finally completed, in accordance with the Contract the
Contractor shall pay the Department and the County, as liquidated damages for such delay, and not as a
penalty, one~half of the rate indicated above. Said liquidated damages, not to exceed twenty percent
(20%) of the total cost of the project, shall be payable in addition to any excess expenses or costs payable
by the Contractor to the Department and to the County under the provisions of Article 14 AlA Document
A-201, and shall not exclude the recovery of damages by the Department and the County under the
Contract except for Contractor's delays. The Department and the County shall each be entitled to receive
fifty percent (SOCii)) of all liquidated damages paid by the Contractor pursuant to this Article 3.2.
This provision for liquidated damages for delay shall not affect the Department's or the County's right to
terminate the Contract. The Department's or the County's exercise of the right to terminate shall not
release the Contractor from his obligation to pay said liquidated damages in the amount set out herein.
The Contractor further agrees that the County may deduct from the balance retained by the County under
t.he Contract the liquidated damages stipulated herein or in Article 3.3, or such portion thereof as the said
retained balance will cover.
DEP Cammer Na. De64l, Attachment A, Page l of 6
3.3 Liquidated Damages When Department or County Terminates Contract
The Department and the County are entitled to completion of the project within the tim.e fixed in Article
3" 1 hereof or within such further time, if any, as may be allowed in accordance with the Contract In the
event of termination of the Contract by the Department or the County prior to completion as provided in
Article 14,2 AlA Document A-201 or elsewhere in the Contract, the Contractor shall be liable to the
Department and the County for the expenses for additional managerial and administrative services
provided in said Article 14.2 and also for the per diem liquidated damages agreed upon in Article 3.2
hereof:
(a) For each day the Contractor is arrears in his work at the time of said telmination as
determined by the Consultant; and
(b) For each day of thirty (30) additional calendar days hereby stipulated and agreed to be
the time it will require the Department and the County to effect another Contract for
completion of the project and for resumption of work thereon.
Provided, however, that the sum as calculated under 3.3 (a) and (b), above, shall not exceed the number of
days beyond the original agreed completion date, or any extension thereof as herein provided, reasonably
required for completion of this project.
ARTICLE 4. CONTRACT SUM
The County shall pay the Contractor for the performance of the work, subject to additions and deduction
by Change Order as provided in the contract documents, the sum of $664,170,00 for the remainder
construction repairs as bid
The Contract Sum is comprised of the base bid from bid number BD&C I 3~05/06 for a total of
$664,170,00"
ARTICLE 5. PA YMENTS TO CONTRACTOR
5.1 Indemnification Rider
In addition to the Contract Sum, the County shall pay the Contractor ten dollars ($lOJJO) for the
Indemnification Rider prescribed in Section D-3 of the contract documents. Application for this payment
shall be submitted to the County by the Contractor simultaneously with the Contractor's execution and
delivery of the Contract to the County. Within forty-five (45) calendar days from the County's receipt of
said Application, the County shall payor cause to be paid to the Contractor said amount.
5.2 Progress Payments Against Contract Sum
Based upon Application for Payment submitted by the Contractor to the Consultant and Certificate of
Payment issued by the Consultant and accepted by the Department, the County shall make progress
payments to the Contractor in accordance with the following:
52.1 Upon receipt, review, and approval of the work, supporting documentation and the Certificate of Payment
the County shall process partial payments up to ninety percent (90%) of that portion of the Contract Sum
properly allocable to labor, materials, and subcontractors, less the aggregate of previous payments.
The Departmcnt shall have 30 days for inspection and approval of the work, and to receive supporting
documentation, after receipt of the Certificate of Payment.
(a) Upon receipt of payment from the County the Contractor shall promptly pay each
subcontractor the amount to which said subcontractor is then entitled, less the
percentage actually retained, by the County for sueh work, if any, from payments to the
Contractor.
DEP Contract No. De64l. Attachment A, Page 2 of 6
(b) The Consultant or his agent may, upon request, at his or her discretion, furnish to a
subcontractor, if practicable, information regarding the percentage the Contractor
requested and the percentage allocated to the subcontractor by the Consultant.
(c) Neither the Department, the County nor the Consultant shall have any obligation to pay
or see to the payment of any monies to any subcontractor except as may otherwise be
required by law.
(d) No Certificate for Payment, whether partial or final, shall constitute an acceptance of
any work not performed in accordance with the Contract.
5.3 Payments Withheld From Contract Sum
The Consultant may decline to certify payment or, because of subsequently discovered evidence or
subsequent observations, he may nullify the whole or any part of any Certificate for Payment previously
issued, to such extent as may be necessary, in hislher opinion, to protect the Department from loss
resulting from:
(a) Defective work not remedied;
(b) Third party claims filed or reasonable evidence indicating probable filing of such
claims;
(c) Reasonable proof of failure of the Contractor to make payments properly to
subcontractors or for labor, materials or equipment;
(d) Reasonable evidence that the work cannot be completed for the unpaid balance of the
Contract Sum;
(e) Damage to the Department or another Contractor;
(f) Reasonable evidence that the work will not be completed within the time allowed in
Article 3.1; or
(g) Persistent failure to carry out the work in accordance with the Contract.
When the grounds for which payment was withheld are remedied by the Contractor payment sha]] be
made for such amount.
ARTICLE 6. FINAL PAYMENT AGAINST CONTRACT SUM
The County shall process payment for the emire unpaid balance of the Contract Sum, less the amollnt of
any sums which continue to be retained to satisfy the cost of pelforming any change in the work which is
the subject of any claim or dispute and which has not yet been satisfactorily performed by the Contractor,
provided that the parties have not otherwise stipulated in the Certificate of Substantial Completion, and
provided further that the work has been satisfactorily completed, the Contractor's obligations under the
Contract have been fully performed, the Contractor's lien waiver furnished and a final Certificate for
Payment has been issued by the Consultant.
ARTICLE 7. MISCELLANEOUS PROVISIONS
7.1 Terms used in the Contract which are defined in the bid specifications shall have the meaning designated
therein.
7.2 Harmony
The Contractor is advised and hereby agrees to exert every reasonable and diligent effort to assure that all
labor employed by the Contractor and its subcontractors for work on the project shall work in harmony
DE? Contract No. DCM!, Attachment A. Page 3 of (,
with and be compatible with all other labor being used by building and construction contractors now or
hereafter on the site of the project. The Contractor further agrees that this provision will be included in aJl
subcontracts of the Contractor. Provided, however, that this provision shall not be interpreted or enforced
so as to deny or abridge, on account or membership or nonmembership in any labor union or labor
organization, the right of any person to work as guaranteed by Article I, Section 6 of the Florida
Constitution.
7.3 Apprentices
If the Contractor employs apprentices on the project, the behavior of the Contractor and the Department
shall be governed by the provisions of Chapter 446, Florida Statutes, and by all applicable standards and
policies governing apprentice programs and agreements established by the Division of Workforce
Development of the State of Florida Department of Education. The Contractor shall include a provision
similar to the foregoing sentence in each subcontract.
7.4 Contractor Representative
The Contractor represents and warrants that the information provided by the Contractor on Department's
Form DEC 5085 "Experience Questionnaire and Contractor's Financial Statement," which was submitted
by the Contractor to qualify for award of this Contract, and is hereby made a pmt of the Contract by
reference, is true, accurate and correct The Contractor understands and agrees that materiafJy inaccurate
information may result in immediate termination of this Contract at the Department's option.
7.5 Contractor's Work Force
The Contractor agrees to perform no less than fifteen percent (15%) of the project construction work
utilizing its own employees. The percentage shall be calculated on the basis of the cost of materials and
labor utilized by the prime Contractor's own forces to the original Contract Sum, and may exceed 15%.
7.6 Contractor's Supervision of Proiect
The Contractor shall provide, as a minimum, field (on site) supervision (through a named superintendent)
of each of the general, concrete forming and placement, masonry, mechanical, plumbing, electrical and
roofing trades, either through the use of his employees, or in the instance of mechanical, plumbing and
electrical trades through the use of employees of the subcontractor as shown in the Contractor's response
to Bid No. BD&C 13-05106 and the "Experience Questionnaire and Contractor's Financial Statement".
The Contractor shall nol change or deviate from these principal and supervisory personnel without the
written consent of the Department
ARTICLE 8. CLAIMS AND DISPUTES
8.1 Arbitration Provisions Deleted
The provisions for Arbitration conditions in AlA Document A-201, are hereby eliminated.
The purpose of deleting these provisions is to exclude in their entirety each portion of the cited provisions
which relate to the arbitration of claims, so that the administrative remedy provided in Article 8.3 of this
Contract shall be exclusive, in lieu of arbitration proceedings.
8.2 Delavs: Chaniles In the Wprk
Article 8.3.3 of the AlA Document A201, Genera] Conditions. is deleted and Contractor's remedies for
delays in the progress of the work, or for changes in the work, shall be limited to those provided in this
Article. The Contractor's exclusive remedy for delays in performance of the Contract caused by events
beyond its control shall be a claim for equitable adjustment in the Contract period provided, however,
inasmuch as the parties expressly agree that overhead costs incurred by the Contractor for delays in
performing the work cannot be determined with any degree of certainty, it is hereby agreed that in the
event the Contractor is delayed in the progress if the work after the Notice to Proceed to Mobilize of Site
DEP Contract No, DC64 I , Attachment A. Pagc 4 of 6
and to Proceed With Construction for causes beyond its control and attributable only to acts or omissions
of Department, the Contractor shall be entitled to compensation for overhead and profit costs either (a) as
a fixed percentage of the actual cost of the change in the work, if the delay results from a change in the
work, as calculated in Section D, Contractual Conditions in the bid specifications or (b) if the delay
results from other than a change in the work, at an amount for each day of delay calculated by dividing an
amount equal to two and one-half percent (21/2'70) of the original Contract Sum by the number of calendar
days of the original Contract period,
In the event of a change in the work, Contractor's claim for adjustment in Contract Sum are limited
exclusivcly to its actual costs for such changes plus fixed percentages for overhead, additional profit and
bond costs, as specified in Section D, Contractual Conditions of the bid specifications.
No provision of this Contract shall be construed as a waiver of sovereign immunity by the Department or
the County,
No provision of the contract documents makes or is intended to make provIsIons for recovery by
Contractor of damages for delay or for breach of this Contract. All claims, disputes or controversies
under this Contract shall be determined and settled provided in Article 8.3 of this Contract. No claim for
breach of this Contract shall be submitted, determined, or settled under Article 8.3 of this Contract.
8.3 Disputes
Disputes shall be resolved as follows:
8.3, I The parties shall make a good faith attempt to resolve disagreements which may arise from time to
time by informal conference within ten (10) days of the date the matter requiring resolution arises.
8.3.2 In the event that the matter is not resolved at informal conference, the complaining party shall give
written notice of dispute to the other party within five (5) days after the informal conference. The
notice shall set out in detail all aspects of the matter to be resolved, including relief sought.
8.3.3 Within ten (l0) days of receipt of the notice of dispute, the party shall deliver its detailed written
response to the complaining party, and a formal conference shall be convened no later that thirty
(30) days following the matter requiring resolution.
8.3.3.1 All persons necessary to resolution of the matter shall attend the formal conferenee.
8.3.3.2 Minutes of the formal conference shall be taken, transcribed, and signed off on by the Department
and the County and shall be copied to the Contractor. Contractor shall send, in writing any dispme
to the minutes within five (5) days.
8.34 In the event that the matter is not resolved at formal conference, if the parties agree in writing, the
parties may choose to mediate the matter using a certified mediator, preferably one who is
experienced with contract and construction law, agreed upon by both parties. The parties may
choose binding or non-binding mediation. If binding mediation is chosen, the decision of the
mediator shall be final and neither party may proceed to any other legal remedy. If mediation is
chosen, the parties shall equally split the cost of the mediator. including any travel expenses he or
she may incur.
8.35 In the event that the matter is not resolved at nonbinding mediation, eomplaining party shal! within
twenty~one (2 J) days file and serve an appropriate claim as prescribed by Chapter 120, Florida
Statutes.
8.36 In no event shall a dispute arising under this Contract be part of any claim or count in a complaint
filed in any court until all remedies afforded in Chapter 120, Florida Statutes, have been
exhausted.
8.37 Venue for any formal claim and hearing or trial in any forum shall be Leon County, Florida.
DEP Contract No. De641, AUllehment A, Pllge 5 of6
8.38 The parties hereby waive the right to a jury trial on all issues that arise under this Contract.
8.4 Interest Provision Deleted
Article 13.6.1, AlA Document A-20 I relating to interest, is deleted. Any monies not paid when due to
either party under this Contract shall not bear interest except as may be required by Section 21 5.422(3)(b),
Florida Statutes.
8.5 Contractor Insolvencv and Neglect
Should the Contractor become insolvent, or at any time refuse or neglect to supply a sufficient number of
properly skilled workers, or equipment and materials of the proper quality, or fail in any respect to
prosecute the work with promptness and diligence, the County shall be at liberty, after forty-eight (48)
hours written notice to the Contractor, to provide any such labor, equipment, and materials and County
shall deduct the cost thereof, from any money then due or thereafter to become due to the Contractor,
under this Contract.
If such refusal, neglect, or failure is sufficient grounds for such action, the Department shall also be at
liberty to terminate the employment of the Contractor. Consequently, the Department and the County
may enter upon the premises to take possession, for the purpose of completing the work included under
this Contract, of all materials, tools and appliances thereon and to employ any other person or persons to
finish the work and provide the materials therefor. In case of such discontinuance of the employment. the
Contractor shall not be entitled to receive any further payment under this Contract until the said work
shall be wholly finished.
If the unpaid balance of the amount to be paid under this Contract shall exceed the expense incurred by
the County in finishing the work, such excess shall be paid by the County to the Contractor. If such
expense shall exceed such unpaid balance, the Contractor shall pay the difference to the County. The
expense inculTed by the County, as herein provided, either for furnishing materials of finishing the work,
and any damage incurred through such default, shall be chargeable to the Contractor.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Contract No. De641 , Attachment A. Page 6 of 6
Attachment B
CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND
VOLUNT ARY EXCLUSION-LOWER TIER FEDERALLY FUNDED TRANSACTIONS
Required for all contractors and subcontractors under
DEP CONTRACT NO.; DC641
I. The undersigned hereby certifies that neither it nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency.
2. The undersigned also certifies that it and its principals:
(a) Have not within a three-year period preceding this response been convicted of or had a
criminal offense in connection with obtaining, attempting to obtain, or performing a public
(Federal, State, or local) transaction or contract under a public transaction; violation of
Federal or State anti-trust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen property.
(b) Are not presently indicted by or otherwise criminally or civilly charged by a government
entity (Federal, State, or local) with commission of any of the offenses enumerated in
paragraph 2.(a) of this Certification; and
(c) Have not within a three-year period preceding this certification had one or more public
transactions (Federal, State or local) terminated for cause or default.
3. Where the undersigned is unable to certify to any of the statements in this
CemfiCa"O~ eXPI'"~~:i ";;~ to ~:;rtifioa,;on
Datedthl,5 By da~~ ~
Authorized Signature/Contractor
Aqrol1 1<-1.10/ ?res/r/~l7;L
Typed Nameffitle
()TiJ./( Gro4P .):::/7C
Contractor's Finn Name
'6SuO~~
1-;;~hW<A ~ / 1
, treet Ad ress
Building, Suite Number
Yl1/ee rz
"3~O 71
City/StatelZip Code
9 0 (I ,'~ ~AS~;;z. ,S- 5'3
Area Codeffelephone Number
DEP FORM 11-043 Rcv(05/95)
DEP Agrcemen! No. DeM!. Attachment B. Page lof2
INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY, AND VOLUNTARY EXCLUSION-LOWER TIER FEDERALLY FUNDED
TRANSACTIONS
I. By signing and submitting this form, the certifying party is providing the certification set below.
2. The certification in this clause us a material representation of fact upon which reliance was placed
when this transaction was entered into. If iris laterdeterrriined thatthe certifying party knowingly
rendered an erroneous certification, in addition to other remedies available to the Federal Government,
the Department of Environmental Protection (DEP) or agencies with which this transaction originated
may pursue available remedies, including suspension and/or debarment.
3. The certifying party shall provide immediate written notice to the person to which this contract is
Submitted if at any time the certifying party learns that its certification was erroneous when submitted
or has become erroneous by reason of changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction,
Participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used
in this clause, have the meanings set out in the Definitions of Coverage sections of rules implementing
Executive Order 12549. You may contact the person to which this contract is submitted for assistance
in obtaining a copy of those regulations.
5. The certifying party agrees by submitting this contract that, should the proposed covered transaction be
entered into, it shall not knowingly enter into lower tier contract, or other covered transaction with a
person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in
this covered transaction, unless authorized by the DEP or agency with this transaction originated.
6. The certifying party further agrees by executing this contract that it will include this clause entitled
"Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion.Lower Tier
covered Transactions and in all solicitations for lower tier covered transactions and in all solicitations
for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not debao-ed, suspended. ineligible, or voluntarily excluded
from the covered transaction, unless it knows that the certification is erroneous. A participant may
decide the method and frequency by which it determines the eligibility of its principles. Each
participant may, but is not required to, check the Nonprocurement List (Telephone No. (202) SOl -4740
or (202) 501-4873).
8. Nothing contained in the foregoing shall be construed to require establishment if a system of records in
order to render in good faith the certification required by this clause. The knowledge and information
of a participant is not required to exceed that which is normally possessed by a prudent person in the
ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions. if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended,
debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other
remedies available to the Federal Government, the DEP or agency with which this transacLlon
originated may pursue available remedies, including suspension and/or debarment.
DEP FORM 11-043 (12/94)
DEP Agreement No. DC64 I. Attachment n, Page 2 of 2
Attachment C
DISCLOSURE OF LOBBYING ACTIVITIES
tv f!
Complete this form to disclose lobbying activities pursuant to 31 U.S.c. 1352
1. Type of Federal Action:
o
2. Status of Federal Action
o
3. Report Type:
o
a.
b.
a. bid! offer/application
b. initial award
c. post-award
a. initial filing
b. malerial change
contract
grant
cooperative agreement
loan
loan guarantee
loan insurnnce
c.
d.
e.
L
VIi-
4.
Name and Address of Reporting Entity;
o Prime
o
Subawardce
Tier
.if known:
Congressional District. if known:
;V;J-
6.
Federal Department! Agene y:
tVl-t
8.
Federal Action Number. if known:
/vA
10. a. Name and Address of Lobbying Entity
(if individual, last flame, first name, MI):
For Material Change Only:
year_qullrter_
dale of last report
5.
/
I
If Repol1ing Entity in No.4 is Subawardee, Enter Nmne
and Address of Prime:
7.
Congressional District, (f known: 1 /
IV
Fy#~m Name/Description:
CFDA Number, if applicable:
9.
Award Amount, ifknown:
$ V4
b. Individuals Perfonning Services (including address if
different from No. lOa)
(Iust/Uune, jirstllome, MIl:
(attach Continuation Shr!el(s) SF.LLLA. if Ices.
I 1. lnfonnation requested through this fonn is authorized by
Title 31 U.S.C. section 1352. This disclosure af lobbying
activities is a material representation of fact upon which
rei iance was pluced by the tier above when this transactio
was made or entered inlo. This disclosure is required
pursuant to 31 U.S.c. 1352. This infonnation will be
reported to Congress semi-annually and will be available
for public inspection. Any person who fails to file the
required disclosure shall be subject to a civil penalty of
not less than $ 10,000 and not more than $ I 00.000 for cae
failure.
Federal Use Only:
Form DEP 55-221 (OliO!)
)
Signature: \
Print Name: f}c1 Y'l} If K Jo
. . A "' ~ Ide:> r-
TItle. , r ~.5 i . .1} ..
Telephone No.: cr .bt-;.l,lS--<~"30ate: if-S:" 06
Authorized fOf Local Reproduction
Standard Fonn-LLL (Rev 7.(7)
DEP Contract No. DC641. Attachment C, Page J of2
INSTRUCTIONS FOR COMPLETION OF SF~LLL. DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the
initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.s.c.
section 1352. The tiling of a f01m is required for each payment or agreement to make payment to any lobbying entity
for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection
with a covered Federal action. Complete all items that apply for both the initial filing and material change reporL
Refer to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered federal action for which lobbying activity is and/or has been
secured to influence the outcome of a covered Federal action.
2. Identify the status of covered Federal action
3. Identify the appropriate classification of this report. If this is a follow up report caused by a material
change to the information previously reported, enter the year and quarter in which the change occurred.
Enter the date of the last previously submitted report by the reporting entity for this covered Federal
action.
4. Enter the full name. address, city, state and zip code of the reporting entity. Include Congressional
District, if known. Check the appropriate classitlcation of the reporting entity that designates if it is or
expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first
subawardee of the prime is the l't tier. Subawards include but are not limited to subcontracts. subgrants
and contract awards under grants,
5. If the organization filing the report in item 4 checks "Subawardee", then enter the full name, address,
city, state and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one
organizational level below agency name, if known. For example, Department of Transportation, United
States Coast Guard.
7. Enter the name of the Federal program name or description for the covered Federal action (item I), If
known. enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative
agreements, loans, and loan conunitments.
8. Enter the most appropriate Federal identifying number avail.able for the Federal identified in item I (e.g.,
Request for Proposal (RFP) number; Invitation to Bid (lFB) number; grant announcement number; the
contract, grant, or loan award number: the application/proposal control number assigned by the Federal
agency). Include prefixes, e.g., "RFP-DE,90-00l."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,
enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting
entity identified in item 4 to int1uence the covered Federal action.
(b) Enter the full names of the individuaJ(s) performing services, and include full address if different
from l() (a). Enter the Last Name, First Name, and Middle Initial (MI).
I L The certifying official shall sign and date the form. print his/her name, title and telephone
number.
According to the Paperwork Reduction Act, as amended, no persons are required \() respond to a collection of information
unless it displays a valid OMB Control Nnmber. The villid OMB control number for rhis information col1eerion is OM.8
No, ()348~0046. Public reporting burden for this collection of infllrmation is estimated to average 30 minures per response.
including time for reviewing instructions, scarching existing dara sources. gathering and maintaining the data needed, and
completing and reviewing the collection of information. Send comments regarding the burden estimatc or any other aspect
of this collection of information, induding suggestio])s for rCd\lCing this burden. to the Office of Management and Budget,
Paperwork Reduction Project (0348-0046), Washington D.C. 20503.
Form DEP 55-221 (01101)
DEP Contract No. DC641, Attachment C. Page 2 of 2
OP 10 ~ I OATil IMMlOONYV'I'I
OTAKG-M OS/22/06
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. nus CERTIFICATE DOES NOT AMEND, eXTEND OR
At TER THE COVERAGE AffORDED BY THE POLICIES BELOW.
ACORD.
CERTIFICATE OF LIABILITY INSURANCE
PROOUClll't
All Linea Imsurance Aqency Inc
4928 Blanding Blvd Suite 1
Jacksonville FL 32210-7329
Phone:904-394-0783 Fax:904
~~~_c_--~-"--~"
INSURED
AFFORDING COVERAGE
1384-055<0 .1 'Ill Ir-n
_ I _...,.... V L;U INSURER Po:. ,,"w-OW...... In""........ C~
INS IRER ~ Owner. Inllluranoe COJIlP&ny
MAY. 2.3....2 INsmERC:
~UUb, INS REf{ If
lNlllREFl E:
COVERAGES _
THE POLICIES Of' INSlJRAHCE lISTED BELOW w,ve li:eN ISSlJED TO .,. ABOVE FOR Ttl POLICY PERIOD INOICATEO. NOTWITHSTANDiNG
(>Ny REQUIREMENT, TERM OR CONolTlON Of MlV C~'. ICH nus CER.TIFICATE MAY BE ISSUED OR
!MY PERTAIN. THE INSURANCE AFFORDED aY THE POLICIES DESCRIBED HERElH IS sVSJECT TO All THE TERMS, EXCLUSIONS ANO CONDITIONS OF SUCH
POlICIES AGGREGATE llMlT$ SHOWN MAY HAVE aEEN REDUCED EN pm CLAIMS.
--~- .....--------
L.tR WSR TYPE OF IHSuRANCE. POlICY NUMBeR
~AAL llA8lllTY
> X ; COMMERCIAL GENERAl. LIABILITY 786121.18-066
:--TJ ClAIMS IMDE [iJ OCCUR
-{
~'l AGGREGATE lIMIT AP~g PER:
i I POllCVn ~ I ]lOC
~TOM08llE LlABlUTY
_ ANY AlITO
~_ All OWNeD AuTOS
~ SCHEDULED AUTOS
..!.. tllREO AUTOS
JC- NON-OWNEO AUTO$
I
otakGro-YP Inc.
,~~2r!i~~!J~1 '7
NAlC'
18988
32700
"~,",--
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LIMITS
SHOULD ANY OF THE: AflOVE [lESCRIBED POLICIES BE CANCel.t.ED BEfORE THE' EXPIRATION
DATE tHEREOF, THE lSSUIHG INSURER WILL ENDEAVOR TO MML !2.- DAYS WNTTEH
NOTICE TO THE CE1'lTIRCA'tE HOUlER NAM&l) TO THE LEFT, BUT FAlLURE TO DO so SHALL
IMPOSE NO OIl!.1GATlON OR UABlUTV OF AMY KIND UPON THE INSURER, ITS AGENTS OR
REl'RESl!NTATlVES.
AU REPRes~~
@ ACORD CORPORATION 1983
A,X
1
02/10/06
02/10/07
EACH OCCURRENCE
, :;~S{E..~}
MEJ:l EXP (Awf .",. penon)
PERSONAl &AOV INJURY
GENeRAl AGGREGATE
PROOUCTS . COMPIOP AGG
B
4306617400
10/16/05
I CQM8ItlED SINGLE lIMIT
10/16/06 ! (Ea~
BOOll V INJURY
(Pili' pet1Ofl)
BOCll v INJURY
(Per ~nl)
PROPERTY DAMAGE
(p",IloXlc!8nl)
GAllAOE LWIIl..ITT
==1 ANY AUTO
EXCESSlUMBRllLlA LIA8IL1TY
P OCCUR 0 CLAIMS MACE
AUTO ONLY - EAACCIDENT
.. ... ..... I~ ((.... :{"t ,f i~ ~~I1Wk~5~~ EA::~
l"\ ......;. .~'"::\;. EACH OCCURRENCE
. 5-0Y CJh I\OOREGAn:c_"..~~_"_
't.
hH, DEDUCTIBLE
RETENtION S
WORKERS COMI'"ENSAflON AHO
EIIIP1.0YERS" !.!AB/t.lTY
Am PROPRIlrrORiPARTNERlEXECUTIVE
Off ICERIMEMBER EXCLUDED?
If~. de~ u<1dIIf
Sl'ECIA~ f>ROVISlONS 1l<Il_
OTHER
i
i IT~~lZ~1.Vs1 T'J::'
I El. EACH ACCIDENT $
! EL DISEASE. EA EMP!.OYEE $
E l. DISEASE - POLICY LIMIT $
\ 79625662-05
,
UliSCRIPTlON 01' OPI!RATIOMS nOtATIONS r \I1iHlClES IIiXCI.USlONS ADOiO BY liHDORSiMiNT I SPECIAL PROVISIONS
Certifioate holder is additional insured with respects to general
and aut.o liability per policy wording.
Rent Eqpt
Ded
liahili ty
11/08/05
11/08/06
A
Equipment Floater
CERl1FICA TE HOLDER
CANCELLA nON
Monroe County BOCC
1100 Simonton St. Rm 268
Keywest FL 33040
ACORD 25 (2001/08)
~
s 1000000
s 100000
$10000
$ 1000000
s 2000000
s 2000000
s 1,000,000
$
.-----
$
$
$
S
$
$
$
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$
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$500
,
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r !"':.MJ'Ir'L..,U"1 ....,...t..;;J:t.Jf'Ii--H1~
FRANKLIN INSURANCE AGENCY, INC.
May 23, 2006
Capital Insurance Agency, In.:
Attn: Barbara Catney
POBox 15949
Tallahassee, FL 32317-5949
RE: Travelers Indemnity Co of cr
#BA591W332805SEL
Dear Barbara:
A Certificate of lnsurance has been issued to the Monroe County Board of
County Commissioners. Please note that we are unable to comply with the
request to name the Certificate Holder as an Additional Insured as regards the
Auto liability on the certificate as this is not permitted by the insurance
company providing the coverage.
Please let us know a.ny time we .may be of assistance with your in.surance
matters.
Sincerely,
~~~
Carlton. W.Franklin,. CPCU
PINJ;WOOD PROFESSIONAL OFFICES · 209 P1NEWOOD DRIVE. TALLAHASSEE. FlORIDA 32303
po. BOX 314S. TA.LLAHASSE!i. FLORIDA 3231'
(850) 68J.04.33 . roLL FREE 1.8()I).681-0433 . FAX (aso) 222-8075
@
AlA:
~. ..:
....~.
Document A312™ -1984
Perlormance Bond
Bond Number OCN 563243
CONTRACTOR (Name and Address);
Otak Group, Inc.
850022 U.S. Highway 17
Yulee, Florida 32097
SURETY (Name and Principal Place afBusiness):
Old Republic Surety Company
P.O.Box 1635
Milwaukee, WI 53201
OWNER (Name and Address):
State of Florida Department of Environmental Protection
3540 Thomasville Road Office of Greenways and Trails
Tallahassee, Florida 32309
Any singular reference Ic
Contract, Surety, Owner or other
party shall be conSidered plural
where applicable,
CONSTRUCTION CONTRACT
Date:
Amount Six Hundred Sixty Four Thousand One Hundred Seventy Dollars no/100th
$664,170.00 T'l S f I h f h FI 'd
Description (Name and Location): ral a ety mprovements on t at portion 0 t e orl a
Keys Overseas Heritage Trail located on Stock Island, Big Coppitt Key and Big
Pine Key.
BOND
Date (Not earlier than Construction Contract Dare):
Amount:
Modifications to this Bond:
QNone
o See page 4
CONTRACTOR AS PRINCIPAL SURETY
Company: (CO/parale Sea/) Company: (Corporate Sea/)
Otak Group, In/7{ ~~;I Old Republic Surety Company
Slgnawre: a~L J-!:!:&_-- Signature, ~ flV ~f--y----
Nune <tl~d Title: Aaron Kato, PresidentName and Title: Carol A. Hopson, Attorney-in-Fact
fAny additiona' signorI/res appear on page 4)
(FOR INFORMATION ONLY - Nome, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE IArchitect, Em::il1cer or other parry):
C & D Insurance & Bonds. Inc. S H tton E.sq .~ .
. . 204 uzanne u ,
3491 Pal~ Mall Drl:e SUlte. County Attorney, Monroe County
Jacksonvllle, Florlda 32257 P.O. Box 1026
Key West, Florida 33041
AlA Document A312'" - 1984. The American Institute of Architects.
1
~ 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by
delayed performance or non-performance of the Contractor.
~ 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction
Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.
No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators
or stlccessors<
~ 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related
subcontracts, purchase orders and other obligations.
~ 9 Any proceeding, legal or equitable, under this Bond may be instituted in any COllrt of competent jurisdiction in the location
in which the work or part of the work is located and shalt be instituted within two years after Contractor Default or within two
years after the Contractor ceased working Of within two years after the Surety refuses or fails to perform its obligations under
this Bond. whichever Occurs first. If the provisions of this Paragraph arc void or prohibited by law, the minimum period of
limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.
9 10 Notice to the Surety, the Owner or the Contractor shall be maited or delivered to the address shown on the signature page.
911 When this Bond has been furnished to comply with a statwory or other legal requirement in the location where the
construction was to be performed, any provision in this Bond contl icting with said statutory or legal requirement shall be
deemed deleted here from and provisions conforming to such statutory or other legal requirement shall be deemed
incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond.
9 12 DEFINITIONS
912,1 Balance of the Contract Pric;e: The total amollnt payable by the Owner to the Contractor under the Construction Contract
after all proper adjustments have been made, including allowance to the Contractor of any arnOllills received or to he received
by the Owner in settlement of Illsurancc or other clai 111$ for damages to which the Contractor is entitkcL reduced hy all val ill
and proper payments made to or on hehalf of the Contractor under the ConstructIOn Contract.
912.2 Construction Contract: The agreement between the Owner and the Contractor identified on Ihe ~lgnature page. including
all Contract Documents and changes thereto.
912.3 Contractor Default: Failure of the Contractor, which has neither heen n.:medit'd nor waived. 10 pcrfonll or otherwise t\l
comply with the terms of the Construction Contract
912.4 Owner Default: Failure of the Owner. which has neither been remedied nor waived. to pay the Contractor as required hy
the Construction Contract or to perform and complete or comply with the other terms thereof
-~~~--~'-----c_~~_~,..,~_~_~~~~_~~c~---.-'--'--'_"'~,
AlA Document A312'" - 1984. The .i\mer;cdn Institule of Architects.
3
~ 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent
jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the
date (I) on which the Claimant gave the notice required by Section 4.1 or Section 4,2.3, or (2) on which the last labor
or service was performed by anyone or the Jast materials or equipment were furnished by anyone under the
Construction Contract, whichever of (I) or (2) first occurs. If the provisions of this Paragraph are void or prohibited
by Jaw, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be
applicable.
~ 12 Notice to the Surety,the OWt1eror theContractor shall be mailed or delivered to the address shown on the
signature page, Actual receipt of notice by Surety, the Owner or the Contractor. however accomplished, shall be
sufficient compliance as of the date received at the address shown on the signature page.
~ 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed, any provision in this Bond conflicting wi th said statutory or legal requirement
shall be deemed deleted herefrorn and provisions conforming to such statutory or other legal requircmcnt shall be
deemed incorporated herein, The intent is that this Bond shall be construcd as a statutory bond and not as a common
law bond.
~ 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall
promptly furnish a copy of this Bond or shall permit a copy to be made.
9 15 DEFINITIONS
~ 15.1 Claimant: An individual or entity having a direct contract willi the Contractor or with a subcontractor of the
Contractor to furnish labor, mat~.rials or equipment for use in the performance of the Contract. The intent of this Bond
shall be to include without limitation in the terms "labor, materials or equipment" that parr of water. gas, power. light,
. heat, oiL gasoline, telephone service or rental equipment llsed in the Construction Contract. architectural and
engineering services required for performance of the work of the Contractor and the Contractor'> subcontractors. and
all other items for which a mechanic's lien Illay be i\'s$erted in the jurisdiction where {he lahor. materials or equipment
were furnished.
915.2 Construction Contract: The agreement hetwe-en the Owner and the Contractor identified olllhe slgnatllre page,
lI1c1uding all Contract Documents and changes thereto.
~ 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived. to pay the Contractor as
required by the Construction Contract or to perform and complete or comply with the other tern" Ihereof.
~~~~CT_~~'C~~~C"~~.---,-,-~~~C~~.~~~
AlA Document AJf2'" -1964. The Amencan Institute of Architects.
7
Ii'jlll.!Hii.!!li!i',* *. * *
iiHI;Hlii!* *
":;1,,,,:,* OLD REPlBLIC
1!llilllllij~~* * * * Surety Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SUREr! COMPAf'JY, a Wisconsin stocK Insurance
does make. constitute and appoint
CAROL A. HOPSON, OF JACKSONVILLE, FL
its true tJ1(j
ocn.js, r::c.lnk fi>::pXJ!cry (xxxis.
WC.rkHS Ixrds
or eAscl<. iX:{J bC.l1()sj.
of
a~~1t)cst(/:; ai');Jt{~Y[._'~Jnt c(y~tract tX)f'Y'-.~_1;
f"1;:vanjcus ,/j[}ste
ALL WRITTEN
TWO MILLION
OBLIGATION,
INSTRUMENTS IN AN AMOUNT NOT TO EXCEED AN AGGREGATE OF
DOLLARS($2,OOO,OOO)-------------------------- FOR ANY SINGLE
REGARDLESS OF THE NUMBER OF INSTRUMENTS ISSUED FOR THE OBLIGATION.
and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said /\ttorneys.in.Fact pursuant to these presents, arc
ratified and confirmed. This document is not valid unless printed on colored background and is multi-colored. This appointment is InadH
under and by authority of the board of dw;ctors at a special meeting held all February 1 a, 1982. This Power of Attorney is siqnod and sealed
by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY
COMPANY on February 18, 1982.
RESOLVED that, the president, any vice-president or assistant vice president in conjunction with the secretary or any assistant
secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the apfYJintment
in each case, for and on behalf of the company to execute and deliver and affix tt16 seal of the company to bonds, undertakings, recoq.
nizances. and suretyship obligations of all kinds; and said officers may remove dny such attorney- in-fact Of agent and revoke any
Power of Attorney previously granted to such person,
RESOLVED FURTHER.that any bond, l~ndertaklng, recognizar.ce.or suretysllip obligation shail bevahd and binding urxm the Company
II) when slIJf1€d by the president. any Vice preSident or 1138131ant \liCO pmsj(jent. dnd attestf;(j and sealeO (if a seal tJe reqUired) by any secretary or Ij~)Si~';t:lnt
secretary: Qf
(ii) when signed 0'1 Hie president any vice pmsiaent or assistant vice president S€,{.;retary or assistant I;ecmtary, dnd u)unterslgnedand s\:aied a I;edl
be reqUired) by a duly authorized attorneY'lnfact or a~Jent; or
(iii) when duly executed and sealed lit a seal oe iequimd) by one or nl0ro at1orneys+l~fact ,)r" Clqent8 pursuant 10 and Within the lunits of th1 dutlionty
evidenced by the Power of Attorney issued by the company to such person or persons.
RESOLVED FUHTHER,th.:,tthe Signature of any outhorizrc;d officer and the seal of the cornpany may be afflxotl by facsllniie ,0 any' Povverot or
certification thereof authonzing the execution and delIVery of any bond, undertaking. recoqnlz.ance, or otJler suretyship obiiqations of the (wnpary ,nJ S\xt;
signature a.nd seal when so used shall have the same force and effect as though manually affixed~
IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, aneJ its
corporate seal to be affixed IhlS 9TH day of DECEMBER, 2004.
OLD REPUBLIC SURETY COMPANY
STATE OF WISCONSIN, COUNTY OF WAUKESHA SS
~ C'. ________
7~e ,7 ~ ~ ~---c.-
.............................w...........................~............................................................~
On this 9TH day of DECEMBER, 2004 came before me. JAMES E
and DAVID c; r,lr::NZEI,,:o me known to be the individual:; and o1ticers the OLD F,EPUBUC SURETY COMPANY who executed tilf" abu\/i,
instrument. and they each t,'10 c';ccut.on of The "arne, dnd by me ";worn. did :wd
that they are said officers Of tile corporation afcresilid. and that the ,:eal affixed to the above instrument IS the sea! of
and that said corporate ~.;eal and their as ~'.uch officers were affixed ,"Hi subscribed to the said
the board of cHrectors of saie!
7' t.!.<~~/(~~./
02/13/2005
CERT!FICi\TE
L. H18
foregolf1Q and
directors set f(}rth rn the PCVv'('f of
92-2140
{~~~~~~:::::::~;f~
~" S.EAL .~ T
.;~~ ,tilt $1
INSU~CE ~/BONDSI
I} {'I ~-t J i, II \,,' ~l"
the
Dr
Cl;j.y ot
C & D
/.'( /J
..~HL~i:;",J:,";;;~/,t;d
.blf3.T.ltilll~I::l'1..I:IIil'[.)..'I.:..(lI.....I~IIIl:t-"l..':I:'I~..=.I.Jil'.I!.]1(.]:i:l.lI:f1tIj::(C:I:{.l'J~li..dM_~_
INC.
ACORD... CERTIFICATE OF LIABILITY INSURANCE OPID~ DATE lMMlOOJ'fY'l't1
O'l'AKG-l 05122/06
I"RODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
All Lines Insurance Aqency Inc HOLDER. THIS CERl1RCATE DOES NOT AMEND, EXTEND OR
4828 Blanding Blvd Suite 1 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
Jacksonville FL 32210-7329
Phone: 904-384-0783 Fax: 904 1384 -055'1.) 1.. P[ ,-- AFFORDING COVERAGE MAlC'
INSURiD ,'....VL.( V l..U IH$l,JRIiR A:. Aoto-Ow"'""" t".ura.._ C<JooplIny 18988
I ' ItIS JRER a: OWners Insurance Company 32100
I. ,n~i;i~~~i~'l1 MAY 23 j INS RERC:
2006iINS REIl: D: . .. ,..
--
, INS RERE:
COVERAGES u".."",. ^^"
THE POlICIES OF INSURANCE LISTED BELOW HAVE ISSUED TO . . ABOVe FOR iH POt.lCY PmIOD INDICA TED. NQ1WlTHstANDlNG
ANY REQUIREMENT. TERM OR COHOlTION OF ANV C "........ leH THIS CERllFICATE MAY BE ISSUED OR
MAY PERTAIN, THE lNSUAANCE AFFORDED BY THE POliCIES OESCRIBED HERem IS SUBJECT TO AU THE TERMS. EXCLUSIONS AND CONOOIONS OF SUCH
POlICIES. AGGREGATE LrMITS SHOWN MAY HfWE BEEN REDUCED EN PAlO CLAIMS.
-~ ~-~ C~_~ ._c -. . - ..
LTR NSR[ TYl"E OF lN$I.lRANCl!l POUCY NUMBER . DATIl rlo1IWt)DiYVI c l.IMITS
GUliRAl. LlABIllTY i EACH OCCURR€NCE $ 1000000
A X ~RClAl GENERAl LlASIUlY 78612118-066 02/10/06 02/10/07 PREMISES (Ea ~l $ 100000
1- f ClAIMS MADE [!J OCCUR; MEO fliP (Any oM person) $ 10000
T PEfI,$ONAt, & AOV IHJURY $ 1000000
GENEAAl AGGREGATE S 2000000
~ AGGREGATE LIMIT APPLIES PER: PROO\JCTS . COMPIOP AGG $ 2000000
pOlICY n ~i n IOC --
~TOM08ILE 1.lMltUTY COMaIHED SINGlE lIMIT $1,000,000
8 - ANY AUTO 4306617400 10/16/05 10/16/06 i (e:.~l
~- AlL OWNED AUTOS BOO1L Y IHJURV
S
.!. SCHEDULED AUTOS (Per P9f$0I'I)
~ HIRED AUTOS 8OO11 Y INJURY
(Per acc:i<l8nl) $
lc. NON.{)WNEO AUTOS
- ~~~~^ PROPERTY DAMAGE $
(Per accident)
RRAGE LWHl-1T't AUTO ONLY. €A ACCIDENt $'
..'1 fl_1' ,__,~cc
ANY AUTO C( .~fL :r~: ~~THAN €AACC $
N\ .trUl'>tl(k.<<OG ~-~----_-.---....-+-
!. ONLY: AGO $
EltCI!.SSI\JI!IlBIUlUA UA8IUTY c!~l\_<... .c... EACH OCCURRENCE $
:J OCCUR 0 ClAIMS MADE ~)1 ___~_c_~
5- ~.U .. C. AGGREGA Tl! $
! __~_.__.__c.c r~~m
..~ $
==I OfOUCll8lE $
RETENTION S $
WORKERS CONPI!NlIAllON AND ! lTORYLlMrTS r IUEiV'
EMPLOYERS' I.IASII.lTY j I E.L EACH ACCIDENT
ANYPROPRETOWPARTNE~XECUTWE I $
OFF ICERIMEMeER EXCLUDED'? E.L DISEASE. EA EMf1l0YEE .
~m.:~Vl~$ b_ E.L. DISEASE - POLICY liMIT $'
OTHER
A E~ipment Floater 79625662-05 i 11/08/05 11/08/06 Rent Eqpt. $150000
I Ded $500
DESCRIPTION Of OPal"ATIONS t LOCATIONS t Wl/fCLES (EXCUJ$lONS ADelie BY ENOOR5liMGHT tSPliClAL PROVlSlOllS
Certificate holder is additional insured with respeotsto general liabili ty
and auto liability per policy wording.
CERl1FICA TE HOLDER
CANCELLA 110N
SHOUI.D ANY OF me A80VE DESCRI8EO POLICIES Be. CANCELLED BEFORE THE EXPIRATION
DATE THEREOf'. THE ISSUING INSURER WILL ENDEAVOR TO MAlI. ~ DAYS WlUTTEN
NOTICE TO THE CEIlTIFlCATE HOI.OER HAMEl) TO THE l.EfT, BUT FAILURE TO 00 50 SHALL
Monroe County BOCC lIIIPOSE NO OBI.lGATlDN OR UABII.ITY OF AllY KIND UPOti tHE INSURER, ITS AGe.HTS Oft
1100 Simont.on St. Rm 268
Keywest FL 33040 REPRESENTATIVe&.
AU f!EPRE~~
cr / "..- . . .
ACORD 25 (2001/08)
"
@ ACORD CORPORATION 1988
Apr 3 2006 4.20oM
N 5416
p
- I. O. )~;' j
.ACORQM CERTIFICATE OF LIABILITY INSURANCE Oil. iI: \iilllIDOIYYVY}
04/03/2006
Pll.OOU(;'1l. (904)448-9777 fAX (904)448-9781 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Insur.nce Office of America, Int. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDE~. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
2700 University Blvd. ALTER THE COVERAGE AFFORDeD BV THE POLICIES BEI.OW,
West euilding B
Jacksonville, Fl IZ21] INSURERS AFFORDING COVERAGE HAletl
.---. _ H Bridgefield fqjloyerS ,_.......-
INSUIl.I!D Otak Group I IRe. ;NSURCR ^: Ins. Co. 10701
350022 Highway 17 -. --
iHl:i\JIU,RlI:
Yulee, Fl 32091 .- . "n'd
INSUl'lJ'iR c::
IN$U!l.ER 0:
. . . .,..
INSURER E:
e:nvFRAG~S
iliE POlICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR T~IE POliCY PERIOO iNDlCATED_ NDTWITHSTAfIiOING
ANY REQUiReMENt, TERM OR CONDITION OF AN'f CONTRACT OR OrHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICA TI:: MAY BE ISSUED OR
MAY !'fRT^IN, !HI'; lNSURmCE AFFORDEO BY 1lE POLICIES DESCRIBED HEREIN IS SUBJEcr lO All THE TERMS, EXCLUSIONS ANO CONDITIONS OF SUCH
POI.iC1E!t AGGREGATE LIMITS SHOWN MAY HAve 6F.EN REDUCED BY PAID Cl.AlMS.
- T .., l'OI..iC',,' U:FEcTIVC />OUCV EXPllIA1lOH -. .
lYPf. OF lMllUfU,N(% pOUC'i'tjUIolUR ulilllll
GlillllERAL UA8IUrt E:AOi Qt.;ClJRRCNCC ,
- ~t:U::r.ffi:;O ~
COIAW'RCI"t r,tNCAAI. LWlltlTY S
- b ClA1MS woe LJ OCC\JH .,
!oEO I!JU' (Anv on<:: P9f~Qt\) S
1-- _.. is
PEPSONI\l-" M:N INJIJRY
..- . ~- -
GfN!!RM. ACCKi:(3All;; s
- " .e _
Gi:N't. AGGREGATE t/Mfl Al'I't.IES f'fR: ~OVCTS.OOMP~Ar,~ $
I POlICVn ~ I' ILDC -. ..
~OBIU UAalUt'I' COMellEO SlNCUi LIMn $
ANY 11\1,.0 (I'~ll<ri-l
- em__
All ()WNGO "UTOS noDI\. Y !NJ\J1tY
- (v.r pet5lII\) $
SClICOULEO AUTOS
- .- _..
HIItl::OI'U1'O$ 00('11I. V INJUI'IV
._e ..
NON-OWNI:O "urns lPet 4Cel\WIl)
- .... ~ .
_e ..._~ l'Rot'tKI'I'DAMi6.GE S
{pero"""'","}
GAMGE UASlUTV /lUTe ONl." -l:A ACCIUl:.l"I!" S
==1 ~ /\UTO ......w .-
() I Hffi THAN "^^CC $
.n..._
, "'UTO Om. V: "'GU $
ljlSWMI!SRIEU..... LIABILITY EACH OCCIJIlRENCF. S
. OCCUR 0 Cu.IMS!WlI' _,_,.c.
A~~l'Gi6. n: $
=i OfOUCTl81.1, $
> , ,,. ~
$
1-.. . ..
fU:rl:NIION S S
WORKEltll COMf'filll$Al'lOll "1I11 0830- 34098 04/01/2006 04/01/2001 ~. ~~\S A H-J IO,r.;'
J:Q. nl~O:S
e...tCYER5. \,.l..-,UYV l:,l. f.AOi i6.CClfll'NT $ .~OO,Q~
A I#V ?f'\()PRICTOR/PMrrNfrvEXEClITlvt
omaRIMl:M$l:H e:ClVl)!; m Ct. 0ISt:ASe.: eA .eMr'UJ::~_E , $ SOO , 00(1
~i!m:llr~:S ~ow E.L 0;:;l<A$~ - !'OLlCV LlMrr $ 'iOO,OOCl
orneR
OerIllPT1OM QF O"'IIA TIOHS I LDUTl?:1 I VEilICUiS I rcCLU51O'" I\OQlllD BV ~NOOIlr"ENT I 91'ECIM. PROVISiONS
~1 days notice of cance lation or non-payment 0 premium.
~e: OEP Contract No DC641-
This revises . replaces previously faxed certificate
ATE HOLDER CANCELLATION
SHOULD ANY 01' TItE ABOVE DEstR1BEO pOLIC~$Il' CANCELLED IK:l'OIlf 1HE
f)(9IRAl1OH O"'TE 1HEIIEOl', THE ISSU'NG IflSUREll. WILL ElIDMVOll. TO ."'IL
~ O~YS wRITTEN !;onCE TO THE Ct;RTlFIC..1E HOLDER!U.1olfiD TO THE Uin.
Department of Environmental Protection BUT FAtL\J!U; TO MAIL S'lJCH NonCE SHAlL IMPOSE NO OfILlG... TiON OR UAlllLITV
3900 COII'I'/lOnwealth Blvd. 01' ANY KINO UPO"l THE INSURER. ITS ...<lENlS OR RePRIESENTA fiVES.
Tal1af1au.ee, H 32199 AlJTHORlZEO !l.EffiE$EN"tI\T1VE 1" =?-~J.:p/
Steve Goddard/KATHY
ACORD 25 (2001108)
@ACORD CORPORATION 1988
85622261:17';)
~t(~LH'i J,1'I:::ll.)l":/4I~
'"'M't..ii- u...1 VoL
FRANKLIN INSURANCE AGENCY, INC.
May 23, 2006
Capital Insurance Agency, Inc
Atm: Barbara Carney
POBox 15949
Tallahas$ee,FL 32317~949
RE: Tra.velers Indemnity Co of CT
#BA591W332805SEL
Dear Barbara:
A Certificate of Insurance has been i"u~d to the Monroe County Board of
County Commissioners. Please note that we are unable to comply with the
request to name the Certificate Holder as an Additional Insured as regards the
Auto Uability on the certificate as this is not permitted by the insurance
company providing the coverage.
Please let us know any time we .may be of assistance with your in.surance
matters.
SiIlC~lYI .
~ :}~ t.J '-"
Carlton. W.Franldirt, CPCU
PINEWOOf) PROFESSIONAL OF'F1CES . 209 PfNEWOOD DRIVE. TALLAHASSEE, FLORIDA 32.303
p.o. BOX 3145. TALLAHASSE&. P1.ORIDA 323"
(850) 681.04.33 . roLL FREE J .80(1..681..043] . FAX (!ISO) 222-807S
~