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Item C09 C9 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE u,.. 9 Mayor Craig Cates,District r The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5 Michelle Lincoln,District 2 - James K. Scholl,District 3 ' David Rice,District 4 Board of County Commissioners Meeting June 21, 2023 Agenda Item Number: C9 2023-1064 BULK ITEM: Yes DEPARTMENT: Engineering Services TIME APPROXIMATE: STAFF CONTACT: Clark Briggs AGENDA ITEM WORDING: Approval to award bid and approve a contract with Horsepower Electric Inc, the lowest responsive bidder for the Card Sound Bridge Navigational Lighting Replacement Project in the amount of$97,069.00. ITEM BACKGROUND: Bridge No. 904900 on Card Sound Road over the Intracoastal Waterway has non functioning and missing navigational lights and a missing bridge height clearance gauge. This project will replace the Navigational lights with a Coast Guard approved solar lighting system and replacing the clearance gauge. The Card Sound Bridge Navigational Lighting Replacement Project was advertised for bids on April 12, 2023. Two bids were received on May 17, 2023, from Canseco Electrical and Horsepower Electric Inc. with Horsepower Electric Inc, being the lowest responsible bidder, for $97,069.00. PREVIOUS RELEVANT BOCC ACTION: In September 2022 the BOCC approved a task order with Kisinger Campo and Associates, Cooperation for Engineering Design for the Card Sound Bridge Navigational Lighting Replacement Project for a not to exceed amount of$50,954.00. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATION: Approval of contract. DOCUMENTATION: Contract-Card Sound Bridge Navigational Lightning Replacement Project Monroe County.pdf STAMPED--Card Sound Bridge Navigational Lightning Replacement Project Monroe County.pdf 315 FINANCIAL IMPACT: Effective Date: June 21, 2023 Expiration Date: 60 days after substantial completion Total Dollar Value of Contract: $97,069.00 Total Cost to County: $97,069.00 Current Year Portion: $97,069.00 Budgeted: yes Source of Funds: 401-Card Sound CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: Grant: No County Match: Insurance Required: yes Additional Details: 316 hE }i I Standard Form of Agreement Between Owner and Contractor Where the basis of payment, is a STIPULATED SUM AGREEMENT Made as of the day of in the year of Two Thousand and Twenty Three. BETWEEN the Owner: Monroe County Board of County Commissioners ("BOCC") 1100 Simonton Street Key West, Florida 33040 ("Owner") And the Contractor: Horsepower Electric Inc. 8105 W 20 Ave. Hialeah, Florida 33014 ("Contractor") For flue Following Project- Card Sound Bridge Navigational Lighting Replacement Project Monroe County,Florida ("Protect") Coup Oversight for Owner: Monroe Engineering p g County En i g g Services Dept. i 100 Simonton Street, RM 216 Key West,Florida 33040 Engineer: Kisinger Campo &Associates 201 North Franklin Street, Suite 400 Tampa, Florida 33602 The Owner and Contractor agree as set forth below. ARTICLE I The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Insurance Requirements and Documents, Milestone Schedule, Bid Documents and Contractor's Bid, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement. These form the Contract and are as fiilly a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral, March 2023 CONTRACT DOCUMENTS 00500-i 317 { Notice.Requirement All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT, Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested,to the following: Ms. Judith Clarice,P.E. Director of Engineering Services Monroe County 1100 Simonton Street,Room 2-216 They West, Florida 33040 For the Contractor: Mi.chae�LMartinez- Horsepower Electric,In(,. 8105 W 20 Avo_ Hialeah,Florida 33014 ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: Scope of Work is as specified in the Contract Documents and shown on the Drawings and in the specifications. The contract constitutes the entire and exclusive agreement between the Owner and tic Contractor with reference to the Card Sound Bridge Navigational Lighting Replacement Proiect- ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner as stated in Section 00350, milestone schedule. Unless the date of commencement is established by a notice to proceed issued by the Owner,the Contractor ,shall notify the Owner, in writing not less than five days before commencing the Work. The date of commencement shall be the date specified in the Notice to Proceed issued to the Contractor. 3,2 The Contractor shall achieve Substantial Completion of the entire Work not later than 1.20 calendar days after the Date of Commencement, subject to adjustments of the Contract Time as March 2023 CONTRACT DOCUMENTS 00500-2 318 I I .provided by the Contract Documents. LIQUIDATED DAMAGEV Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extension in time as set forth by the .Owner's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to deter-nine the amount of liquidated damages. FIRST SECOND 31"DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under 50,000.00 $50.00/DAY $100.00/DAY $250.00/DAY $50,000.00-$99,999.00 100.00/DAY 200.00/DAY 750.00/DAYY $100,000.00-499,999,00 200.00/DAY 50.0.00/DAY 2,000.00/DAY $500,000.0 and Up 500.00/DAY 1,000.00/DAY 3,500.00/DAY The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. Uncontrollable Circumstance 3.3 Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been. foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d)government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project;(each, a "Uncontrollable Circumstance"), CONTRACTOR'S financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor tinder this Section. Contractor shall give County written notice within 7 days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance, The Contractor may only seep a no cost Change Order for such reasonable time as the Owners Representative may determine. ARTICLE 4 Contract Seim 4.1 The owner shall pay the Contractor in current finds for the Contractor's performance of the Contract, for the Card Sound Bridge Navigational L 6ting Replacement Prn.iect the Contract Stun of NINETY SEVEN THOUSAND AND SIXTY NINE D4L ($- 97,069.00), subject to additions and deductions as provided in the Contract Documents, March 2023 CONTRACT DOCUMENTS 00500-3 319 i I 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: None 4.3 Unit prices, if any, are as follows: As specified in Section 00110. ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Owner, and -upon Project Applications and Certificates for Payment, the Owner shall make 'progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents, 5.2 The period covered by each Application for payment shall be one calendar month ending on the last day of the month. 5,3 County shall pay pursuant to the Local Government Prompt Payment Act 218,70 Florida Statutes. 5.4 Each Application for Payment shall be based -upon the Schedule of Val-Lies submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Owner may require_ This schedule, unless objected to by the Owner, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion. of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract . Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Five percent (5%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Owner. When both additions and credits covering related Work or substitutions are involved in a change the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.6.2 Add that portion of the Contract Sun properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed Construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage ofl~ive percent (5%): 5.6.3 Subtract the aggregate of previous payments made by the Owner; and March 2023 CONTRACT DOCUMENTS 00500-4 320 5,6A Subtract amounts, if any, for which the Owner has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General conditions.. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a suin sufficient to increase the total payments to Ninety-five percent (95%) of the Contract Sum, less such amounts as the Owner recommends and determines for incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amotmts payable in accordance with Subparagraph 9.10.3 of the General Conditions, 5.8 Reduction or limitation of retainage, if any, shall be as follows: None ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which Necessarily survive final payment: and (2) a Final Project Certificate for Payment has been issued by the Project Manager: such final payment shall be made by the Owner not more than 20 days after the issuance of the Final Project Certificate for Payment. ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document,the reference refers to that provision as amended or supplemented by other provisions of Contract Documents. T2 Payments dice and unpaid under the Contract shall bear interest pursuant to the Local Government Prompt Payment Act 218.73 5 7.3 Temporary facilities and services: None. 7.4 Monroe Co-Lmty's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners, 7.5 Public Entities Crimes By signing this Agreement, Contractor represents that the execution of this Agreement will not violate the Public Entities Crime .Act (Section 287.133, Florida Statutes). March 2023 CONTRACT DOCUMENTS 00500-5 321 I Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto and may result in debarment from County's competitive procurement activities.. hs addition to the foregoing, Contractor further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. Contractor will promptly notify the County if it or any subcontractor is formally charged with an act defined as a"public entity crime" or has been placed on the convicted vendor list. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity cringe may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bad on a contract with a public entity for the constriction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.0.17, for CATEGORY TWO for a period of.36 months from the date of being placed on the convicted vendor list. 7.6 The following items are part of this contract: a) Maintenance of Records. Contractor shall maintain all books, records, and. documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives, shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement, If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to Contractor. b) Right to Audit: Availability gj'Revord . The records of the parties to this Agreeiuzent relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting docu nerntation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in Owner's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document(all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner. Owner may also conduct verifications such as, but not limited to, counting employees at the job March 2023 CONTRACT DOCUMENTS 00500-6 322 site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amoutits through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for seven(7)years after Final Completion. c) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe. County, Florida. This Agreement shall not be subject to arbitration. d) Severability: If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. e) Attorney's Fees and Costs:. The County and Contractor agree that in the event any cause of action or administrative proceeding; is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs, as an award against the non-prevailing party, and shall include attorney's fees and. courts costs in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures rewired by the circuit court of Monroe Comity. f) Binding Effect: The tents, covenants, conditions,. and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their .respective legal representatives, successors, and assigns. g) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. h) Claims for Federal or State Aid: Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of ftinding that effect the Project will be provided to each party. March 2023 CONTRACT DOCUMENTS 00500-7 323 I i) Nondiscrimination: Carroty and Contractor agree that there will be no discrimination against any person, and it is expressly-understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances; as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss:1681-168.3, 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 alcoholisi n; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VI1I of the Civil Rights Act of 1968 (42 USC s. 3601 et sect.), as amended, relating to nondiscrimination in the sale, rental or financing of housing, 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreennennt. j) Covenant of No Interest. County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of eachh is to perform and receive benefits as recited in this Agreement_ k) Code of Ethics; County agrees that officers and employees of tine County recognize and will be required. to comply with the standards of conduct for public officers and employees as delineated in Section 112.313,Florida Statutes,regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Contractor warrants that he/it had not employed, retained or otherwise had act on his/its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No.0 10-1990 or any County officer or employee in violation.of Section 3 of Ordinance No.02.0-1990.For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also,in its discretion, deduct from the contract or purchase price,or otherwise recover the Rill amount of any fee, coaaunission, percentage, gift, or consideration paid to the fornner County officer or employee. March 2023 CONTRACT DOCUMENTS 00500-8 324 i 1) No Solicitation/.Payment: The Comity and Contractor warrant that, in respect to itself, it has:neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement, For the bleach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,commission,percentage, gift, or consideration. in) Public Reeords Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County. and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F'.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) beep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records,provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract terra and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or beep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. March 2023 CONTRACT DOCUMENTS 00500-9 325 f Ii l I I (5) A request to inspect or copy public records relating to a County contract must be made ! directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shalt enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section119..10, Florida Statues. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by taw. IF THE CONTRACTOR HAS QLASTIONS REGARDING THE APPLICATION OF CHAPTER 119. FLORIDA. STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. CONTACT THE CUSTODIANN OF PUBLIC RECORDS. BRIAN BR.ADLEY AT PHONE# 305-2292-3470 BRADLEY- BR1 AN ckMQNRQI+iCOUNTY-FL.Ga. MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street SUITE 408 KEY NEST .FL 33040. n) Non-Waiver of Immunity: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. o) Privileges and. Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules, pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and dirties of such officers, agents, volunteers, or employees outside the territorial limits of the County. p) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution,state statute, and case law. March 2023 CONTRACT DOCUMENTS 00500.10 326 q) Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement, r) Attestations: Contractor agrees to execute such documents as the County may reasonably require, including a Public Entity Crime 5taternent, an Ethics Statement, and a Drug-Free WorlTlace Statement. s) No Personal Liability: No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal Iiability or accountability by reason of the execution of this Agreement, t) Execution in Counterparts: This Agreement may be execrated in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. Li) Section Headings: Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. v) Special Conditions, if any are detailed in Section.01000 of the Project Manual for this Project. w) Hold Harmless and Indemnification: Notwithstanding any minima n insurance requirements prescribed elsewhere in this agreement, the Contractor covenants and agrees that he shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees, harmless from and against (i) claims, actions or causes of action, (ii) litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business inteiruption, and. (iii) costs or expenses that may be asserted against, initiated with respect to, or sustained by the County and the COUNTY's elected and appointed officers and employees from liabilities damages, losses and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor and persons employed or utilized by the indemnifying party in the performance of the constniction contract. The monetary limitation of liability under this contract shall be not less than. $1 million per occurrence pursuant to F. S. 725.06. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement_ March 2023 CONTRACT DOCUMENTS 00500-11 327 In the event the completion of the project (including the work of others) is delayed or suspended as a result of the Contractor's fail-tire to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within General Insurance Requirements Section 900. In the event am claims are q y brought or actions are filed against the County with respect to the indemnity contained herein, the Contractor agrees to defend against any such claims or actions regardless of whether such claims or actions are rightfully or wrongfitlly brought or filed. The Contractor agrees that the County may select the attorneys to appear and defend such claims or actions on behalf of the County. The Contractor fiirther agrees to pay at the Contractor's expense the attorneys' fees and costs incurred by those attorneys selected by the County to appear and defend such actions or claims on behalf of the County at both the trial and appellate levels. The County at its sole option, ,shall have the sole authority for the direction of the defense, and shall be the sole judge of the acceptability of any compromise or settlement of any claims or actions against the County. x) Adjudication of Disputes or Disagreements: COUNTY and CONTRACTOR agree that all disputes and disagreernents shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. The CONTRACTOR and COL NTY Representative shall try to resolve the claim or dispute with meet and confer sessions. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of paragraph x or Article 8.1 concerning termination or cancellation. y) Cancellation: In the event that the -Contractor shall be found to be negligent in any aspect of installation, stocking, maintenance, repair, or service, the County shall have the right to terminate this agreement after five days written notification to the Contractor. z) Cooperation: In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. aa) Insurance: Prior to commencement of work the Contractor will provide satisfactory evidence of insurance as required in Specification Section 00900 General Insurance Requirements for Construction Contractors and Subcontractors. The Contractor shall name Monroe County Board of County Commissioners, its employees and officials as "Additional Insured" on all policies except for Worker's.Compensation. 7.7 Ownership of the Project Documents: The documents prepared by the Contractor for this Project belong to the County and may be reproduced and copied without acknowledgement or permission of the Contractor. March 2023 CONTRACT DOCUMENTS 00500-12 328 i i I TS Successors and Assigns: The Contractor shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 7.9 No third Party Beneficiaries: Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 7.10 Americans with Disabilities Act of 1.990 (ADA) - The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal goverm- ent issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 7.11 E-Verify System - Beginning January 1, 2021, in accordance with F.S. 448.095, the Contractor and. any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the warp authorization states of all new employees hired by the Contractor during the term of the Contract and shall expressly .require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subconstiuct with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of F.S. 448.095 ARTICLE S Termination or Suspension 8.1 The Contract may be tertninated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 9.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows; See Article 1 9.1.1 The Agreement is this executed Standard Form of Agreement between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Constriction. March 2023 CONTRACT DOCUMENTS O0500-11 329 The Supplementary and other Conditions of the Contract are those contained in this Project Manual and are as follows: As listed in Table of Contents, Section 00001 of the Project Manual for this project. 9.1.3 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: As listed in Table of Contents, Section 00001 of the Project Manual for this project. 9.1 A The Drawings areas follows, and are dated on each individual drawing unless a different date is shown below: Kisinger Campo and Associates Signed.and Sealed Drawings Dated 10/28/2022. Sheets B 1 thru B 10 Existing Bridge Plans EX —EX72 9.1.5 The Addenda, if any, are as follows: Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. 9,1.6 Other documents, if any, forming part.of the contract Documents are as follows: Monroe County Bid Form in Section 00110. Sea Article 1. Remainder of Page Left Blank March 2023 CONTRACT DOCUMENTS 00500-14 330 IN MITAISS AMMUM!" the panks humv) execiaed this, A,peu, nera on the day ""ind d'al"', firsa wrino; a Nno in comitcrrorts, awh or wh Ad i shaH, wid"wt pmokr a cc miming Am We odier con nw rpm ts., be dcelned "an oriun nrild contna(A (S I nA 1,) BOARD OF COUIMM)NINUSSIONIMS An, K I A'M 11 A 19)K, 0 erk OF NIONIME, CM NTY, FLORIDA 13y: As lkpuy Owk Ndayol I d N , 11ORSIAP0 % EN! EL 11H INC (�Sl ------ ---- ----------------------------- Tkk" ifle to NJ T, ------------ ----------- NOW 2023 (UNTRAU! MUMNIS (WAN 331 Card Sound Bridge Navigational Lighting Replacement Project NON-COLLUSION AFFIDAVIT I, Michael Martinez ofthe city of Hialeah according to law oil my oath,and under penalty of perjury,depose and say that; 1. I am President of the firm of Horse ower Electric Inc. ,the bidder snaking the Proposal for the project described in the Request for Competitive Solicitations for: Card Sound Bridge Navigational Lighting Replacement Pro'ect Monroe County,Florida and that I executed the said proposal with full authority to do so; 2.) the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such process with any other bidder or with any competitor; 3.) unless otherwise required 'by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder and will not be knowingly disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor;and 4.) no attempt has been made or will be trade by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition, 5.) the statements contained in this affidavit are true and correct, and made with full knowledge that Monr (;ounty 1'elies upon the trtlt1.� of the siaternents contained in this affidavit. in a riling ontrac;ts for said project. 05/17/2023 (Signature of r) (Date) ,STATE,OF., FL COUNTY OF: Dade Subscribed and sworn to (or affirmed) before lire, by meads of Vphysical presence or ❑ online notarization, on 05/17/2023 - (date) by Michael Martinez (name of af'lant), H 1 ie is ersonally known to me or has produced IA (type of identification) as identification. NOT Y Ul3L IC My commission expires: Notary Public State of larida 4 Commission d HH 198257 Fps: orr� My Comm.Expires+4ov!a,7.02.5 .., Banded through Natioral`+titan A5sr" March 2023 BID PROPOSAL, 00 l 10-6 332 f I Card Sound Bridge Navigatlo.nal Lighting Replacement Project LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER!ORDINANCE NO. 010-1990 MONROE COUNTY,FLORIDA Horsepower Electric Inc. (Company) "... warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No, 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No, 010-1990, For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise re%ves the full amount of any fee; commission, percentage, gift, or consideration paid to the former aunty offi er or motoyee". 05/17/2023 (Signature) (Date) STATE OF FL COUNTY OF Dade Subscribed and sworn to(or affirmed) before me, by means of[ physical presence or ❑ ord ne notarization, on 05/17/2023 _(date) by _ Michael Martinez (name of affiant), Ho/She is perm no or has produced N/A (type of identification)as identification. �L4s f;SRfFGd NUta�1 PU`71SC 1�{132�5� :x 11C woJ,a 7 NOT R( P BLIC i, �: Gomm res pny Gomm , iar.ai vacar!Esc aF ,. dYhra�ri�•yan�e ilt My commission expires: March 2023 BID PROPOSAL 00110-7 333 Cerrd Somid Bride Navigational Lighting Replaeentent Project k DRUG-FREE WORKPLACE FORM The undersigned Contractor in aceoMance with Fl. Statute 287.087 hereby certifies that: Horsepower Electric Inc. (blame of.B:usiness) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplar e and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform such employees about tho dangers of drug abuse in the workplace, the business's policy of maintaining a drug4ree workplace, any available dreg counseling, rehabilitation, and employee assistance programs,mid.the:penalties that may be imposed upon employees for drug abuse violations, 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are Under bid, the employees will abide by the terim of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of airy controlled substance law of the.United States or any state, for a violation occurring in the workplace no later than five(5)days after such.conviction. 5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the cmployce's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As a person authorized to sign the statement,I certify that this firm co plies fix[ly tth th above requirements., STATE OF: FL, >3idder`6 Signature COUNTY OF Dada Subscribed and sworn to(or affirmed) before roe,by means of),physical presence or 0 online notarization,on 06/171202.3 {date)by Michael Martinez —(naive of affiant). Up/She ism JJQ /A (type of identification .as identifl ti �� '' pt, rG Srxta of=rQrida � Notary Cammrss;an�ayoV4az�zaa� . 4 COMM.expires nw .,` Y NaCi6na`•vntsr!ass ' Y PUBLIC 8ond�r,thrn:gh My Commission spires: March2023 BID PROPOSAL 00110- 8 334 i Card Sound Bridge Navigutioul Lighting Replacement Project PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a. bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity is 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." l have read the above and state that neither Horsepower Electric Inc. (Proposer's name) n r any 'ffi'liate as been placed on the convicted vendor list within the last 36 months. 05/17/2023 (Si gnature) (Date) STATE OF: F COUNTY OF: Dade Subscribed and sworn to(or affirmed)before me, by means of physical presence or 0 online notarization,on the 17 day of May _ , 20 23 , by Michael Martinez (name ofaffiant). Ho/She is personally known to me or has produced N/A (type of identification)as identification. '0m'a '. EIS MONDE-0 Notary putriic State of Flop" My Co]:rl ission Expires: 'e�` Commission d HH 198257 My Comm.EXDjre$Nnv 14, 2025 9onded through National+intar7O ASsn. NOTAR P l3Ll March 2023 BID PROPOSAL 00110-9 335 Card Sound Bridge Navigational Lighting Ropiace.ment project SECTION 00110 Bid Bond NIA KNOW ALL MEN BY THESE PRESENTS,that we (Here insert till naive and address or legal title of Contractor) as Principal,hereinafter called the Principal,and (Here insert full name and address or legal title of Surety) a corporation ditty organized under the laws of the State of� as Surety,hereinafter called the Surety,are held and firmly bound unto (Here insert full name and address or legal title ofOwner) as Obligee,hereinafter called the Obligee,in the sum of for the payment of which sum well and truly to be made,the said Principal and the said Surety,bind ourselves, our heirs,executors,administrators;successors and assigns,,jointly and severally,firmly by these presents. W[IEREAS,the.Principal has submitted a bid for (Here insert full name,addremond description ofprofeot) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall-enter a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract documents with good and sufCdent surety for the faithful porformaoce of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract atLd give such bond or bonds, if the Principal shall pay to the Obligee the difference not.to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect, Signed and sealed this day of 20 (Witness) (Principal) (Seat) (Title) (Witness) (St rety) (Seal) (Title) March 2023 BID PROPOSAL 00110-10 336 Card Sound Bridge Navigational Lighting Replacement Project Bidder's Insurance Statement The Insurance requirements are set forth in Section 00900 of the project manual as follows;. lu�uratmce ag llircl lot Limig Worker's Compensation Statutory Limits Employer's Liability WC3 $1,000,000/$1,000,000/$1,000,000 General Liability GL3 $1,000,000 Combined Single Limit Vehicle Liability {Owned, VI:3 $500,000 per person; $1,000,000 per occurrence hired and Dion-owned Vehicles} $1.00,000 Property Dunnage or $1,000,000 Combined Limit I understand the insurance that will be mandatory if awarded the contract and will comply in full with all these requirements. All insurers shall have an A.M.Best rating of VI or better and shall be licensed to do business in the state of Florida. Horsepower Electric Inc. 05/17/2023 Name of Business Signature Tate March 2023 BID PROPOSAL 00110- 11 337 I Card Sound Fridge]Navigational Lighting Replawmeat Protect VENDOR CERTIFICATION R]'UARD12iG SCI11UTINIZE12 C0194FA&IES.L1 project Description(s): C*d Bound Bridge Navigational Lighting Replacement Respondent Vendor Name: Horsepower Electric Inc. Vendor FETN: 50-2502221 Vendor's Authorized Representative Nat-tic and Title: _ Michael Martinez., President Address: 8105 W 20 Ave City: Hialeah... ..... .______ State: FL _,._.Zip: 33014 Phone Number: 305-81 g-4050 Email Address: mike@horsepowerelectric.com Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract.for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 2154725, Florida Statutes, or is engaged in a Boycott of Israel. Section 2.87.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or tire Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria.. As the person authorized to sign on behalf of Respondent,I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" its not listed on the Scrutinized Companies that Boycott.Israel List or engaged in a boycott of Israel and ror]projects of$1,000,000 or more is not. listed on either the Scrutinized Companies with Activities in ,Sudan List, the Scrutinized Companies with Activities in the Iran Petroleuan Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false,certification may subject company to civil penalties, attorney's fees, and/or costs. 1 further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been en a ed in business.o erations in Cuba or Syria. Certified By: Horsepower Electricl ,who is authorized to sign on be if of the Bove eforenced company. Authorized.Signature: Print Name: Michael Martinez Title; President Note: The List are available at the following Department of Management Services Site: March 2023 BID PROPOSAL 001 10- 12 338 I Card Sound Bridge Navigational Lighting Replacement[project Ltt www, lNs,m flQd a con usiiicss Brat o�ns stfl' urel� srn Iv�i rlor int xm lio.. cc���viotcd ..susV_ppLqd ,d'sqriminatpry cai� I ants volld r li is I I - March 2023 BID PROPOSAL 00110- 13 339 A�" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 06/02/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Regina Bunker NAME: Frank H.Furman,Inc. AICNN0 Ext: (954)943-5050 /X No: (954)942-6310 1314 East Atlantic Blvd. EMAIL re ina furmaninsurance.com ADDRESS: g P.O.Box 1927 INSURER(S)AFFORDING COVERAGE NAIC# Pompano Beach FL 33061 INSURERA: Admiral Insurance Co(rl) 24856 INSURED INSURER B: Imperium Insurance Company 35408 Horsepower Electric Inc INSURER C: Landmark American Insurance Co 33138 8105 W 20th Ave INSURER D: Bridgefield Casualty Ins Co 10335 INSURER E: Indian Harbor Insurance Company 36940 Hialeah FL 33014 INSURER F: COVERAGES CERTIFICATE NUMBER: 23-24 GL/AU/UM/WC/PL REVISION NUMBER: THIS IS TO CERTIFYTHAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL UBR POLICY NUMBER MM/DD YYYYMPOLICY EFF O DD YYYY LIMITS ICY EXP LTR INSD WVD X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO_7 CLAIMS-MADE Fx_]OCCUR PREMISES (Ea occurrence) $ 100,000 X XCU Broad Form PD MED EXP(Any one person) $ EXCLUDED A X Contractual Liability applies Y Y CA00003519804 07/16/2022 07/16/2023 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY JECT LOC PRODUCTS-COMP/OPAGG $ OTHER: PRO $ 2,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED Y Y CON-IIC-CA-0000390-00 03/31/2023 03/31/2024 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED �/ NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY /� AUTOS ONLY (per. Per accident PIP-Basic $ 10,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 C EXCESS LIAR CLAIMS-MADE Y LHA098752 07/16/2022 07/16/2023 AGGREGATE $ 5,000,000 DED I I RETENTION$ $ WORKERS COMPENSATION X SPER TATUTE EORH AND EMPLOYERS'LIABILITY Y/N 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ D OFFICER/MEMBER EXCLUDED? NIA Y 196-57732 03/31/2023 03/31/2024 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Professional Liability&Contractors Each Claim $2,000,000 E Pollution Liability PECO05358203 02/04/2023 02/04/2024 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project:Card Sound Bridge Navigational Lightning Replacement Project Monroe County.Monroe County Board of County Commissioners its employees and officials are included as additional insured for ongoing&completed operations regarding General Liability&Auto on a Primary&Non Contributory basis as required by written contract.Umbrella Follows Form over GL/AU/EL.Waiver of Subrogation applies to General Liability Auto and Workers Compensation as required by written contract. .72 . CERTIFICATE HOLDER CANCELLATION A I E.— °"2 3 SHOULD ANY OF THE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners("BOCC") ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 340