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08/21/2024 Agreement GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: August 29, 2024 TO: Judith Clarke, PE, Director Engineering/Roads & Bridges ATTN: Nicole Twyman Executive Assistant FROM: Liz Yongue, Deputy Clerk SUBJECT: August 21, 2024 BOCC Meeting The following item has been executed and added to the record: C17 Agreement with Midcoast Construction Enterprises, LLC d/b/a Midcoast Marine Group for construction of the No Name Key Bridge Repairs Project in the amount of $726,317.00. The project is funded with infostructure sales tax funds. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 No Naive Kev Bridge Repairs Proiect Section 00500 Standard Form of Agreement Between Owner and Contractor Where the basis ofpayment is a STIPULATED SUM AGREEMENT Made as of the 21st of August in the year of Two Thousand and Twenty-Four BETWEEN the Owner: Monroe County Board of County Commissioners ("BOCC") 1100 Simonton Street Key West, Florida 33040 ("Owner") And the Contractor: Midcoast Construction Enterprises, LLC DBA Midcoast Marine Group 250 NE 255Ih Street ("Contractor") Cross City, Florida 32628 For the following Project: No Name Key Bridge Repairs Project Monroe County, Florida ("Project") Oversight for Owner: Owner Engineer: Kisinger Campo and Associates 201 North Franklin Street Suite 400 Tampa, Florida 33602 May 2024 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 No Naue Kev Bride Repairs Proiect ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Insurance Requirements and Documents, Milestone Schedule, Bid Documents and Contractor's Bid, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement. These form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. Notice Requirement All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: Ms. Judith Clarke, P.E. Director of Engineering Services Monroe County 1100 Simonton Street, Room 2-216 Key West, Florida 33040 For the Contractor: Midcoast Construction Enterprises, LLC DBA Midcoast Marine Group 250 NE 2551h Street Cross City, Florida 32628 ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: Scope of Work is as specified in the Contract Documents and shown on the Drawings and in the specifications. The contract constitutes the entire and exclusive agreement between the Owner and the Contractor with reference to the No Name Key Bridle Repairs Proiect. ARTICLE 3 Date of Commencement and Substantial Completion May 2024 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 No Naue Kev Bride Repairs Proiect 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 240 days after the Date of Commencement, subject to adjustments of the Contract Time as provided by the Contract Document. LIQUIDATED DAMAGES Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extension in time as set forth by the Owner's signature of approval on the Certificate of Substantial Completion. Liquidated damages will be assessed through a reduction in the final payment. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. FIRST SECOND 31st DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under 50,000.00 $50.00/DAY $100.00/DAY $250.00/DAY $50,000.00-$99,999.00 100.00/DAY 200.00/DAY 750.00/DAY $100,000.00-499,999.00 200.00/DAY 500.00/DAY 2,000.00/DAY $500,000.0 and Up 500.00/DAY 1,000.00/DAY 3,500.00/DAY The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. Uncontrollable Circumstance 3.3 Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project;(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within 7 days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable May 2024 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 No Naue Kev Bride Repairs Proiect Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a no cost Change Order for such reasonable time as the Owners Representative may determine. ARTICLE 4 Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract, for the No Name Key Bridge Repairs Project, the Contract Sum of Seven Hundred Twenty Six Thousand Three Hundred and Seventeen Dollars. ($726,317.00), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: 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 Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Owner may require. This schedule, unless objected to by the Owner, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: May 2024 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 No Naue Kev Bride Repairs Proiect 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Five percent (5%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Owner. When both additions and credits covering related Work or substitutions are involved in a change the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Five percent(5%): 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Owner has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety-five percent (95%) of the Contract Sum, less such an amount equal to 150 percent(150%) of the estimated cost to complete the items in accordance with Subparagraph 9.8.2 of the General Conditions as the Owner recommends and determines for incomplete Work and unsettled claims, including the assessment of liquidated damages; and 5.7.2 Within 20 business days after the list of incomplete Work is created, the Owner must pay the Contractor the remaining Contract Sum that includes all retainage previously withheld by the Owner less an amount equal to 150 percent (150%) of the estimated cost to complete the incomplete Work (i.e., "punch" list items); and 5.7.3 If final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.7.3 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, including the assessment of liquidated damages: and (2) a Final Project Certificate for May 2024 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 No Naue Kev Bride Repairs Proiect 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 the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest pursuant to the Local Government Prompt Payment Act 218.735. 7.3 Temporary facilities and services: None. 7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. 7.5 Public Entities Crimes 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). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto and may result in debarment from County's competitive procurement activities. In addition to the foregoing, Contractor further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. Contractor will promptly notify the County if it or any subcontractor is formally charged with an act defined as a"public entity crime" or has been placed on the convicted vendor list. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 7.6 The following items are part of this contract: a) Maintenance of Records: Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this May 2024 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 No Naue Kev Bride Repairs Proiect Agreement or their authorized representatives, shall have reasonable and timely access to such records of each other parry 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 ofRecords. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders,bid recaps,bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence 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 site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for seven (7)years after Final Completion. c) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida 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 May 2024 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 No Naue Kev Bride Repairs Proiect 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 parry relative to the enforcement or interpretation of this Agreement, the prevailing parry shall be entitled to reasonable attorney's fees and court costs, as an award against the non-prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. f) Binding Effect: The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. g) Authority: Each parry 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 funding that affects the Project will be provided to each parry. i) Nondiscrimination: County and Contractor agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any parry, 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.1681-1683, 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 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits May 2024 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 No Naive Kev Bride Repairs Proiect discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. j) Covenant of No Interest: County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. k) Code of Ethics: County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Contractor warrants that he/it had not employed, retained or otherwise had act on his/its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 1) No Solicitation/Payment: The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission,percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission,percentage, gift, or consideration. m) Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article 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 May 2024 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 No Naue Kev Bride Repairs Proiect associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the 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 term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are 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. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY- May 2024 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 No Naue Kev Bride Repairs Proiect BRIAN(&,MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEYS OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. n) Non-Waiver of Immunity: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. o) Privileges and Immunities: All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules, pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. p) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. q) Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. r) Attestations: Contractor agrees to execute such documents as the County may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. s) No Personal Liability: No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. t) Execution in Counterparts: This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall May 2024 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 No Naive Kev Bride Repairs Proiect constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. u) Section Headings: Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. v) Special Conditions, if any are detailed in Section 01000 of the Project Manual for this Project. w) Hold Harmless and Indemnification: Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Contractor covenants and agrees that he shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees, harmless from and against (i) claims, actions or causes of action, (ii) litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) costs or expenses that may be asserted against, initiated with respect to, or sustained by the County and the COUNTY's elected and appointed officers and employees from liabilities damages, losses and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor and persons employed or utilized by the indemnifying party in the performance of the construction contract. The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to F. S. 725.06. 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. In the event the completion of the project(including the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within General Insurance Requirements Section 900. In the event any claims are brought or actions are filed against the County with respect to the indemnity contained herein, the Contractor agrees to defend against any such claims or actions regardless of whether such claims or actions are rightfully or wrongfully brought or filed. The Contractor agrees that the County may select the attorneys to appear and defend such claims or actions on behalf of the County. The Contractor further agrees to pay at the Contractor's expense the attorneys' fees and costs incurred by those attorneys selected by the County to appear and defend such actions or claims on behalf of the County at both the trial and appellate levels. The County at its sole option, shall have the sole authority for the direction of the defense, and shall be the sole judge of the acceptability of any compromise or settlement of any claims or actions against the County. x) Adjudication of Disputes or Disagreements: COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. The CONTRACTOR and COUNTY Representative shall try to resolve the claim or dispute with meet and confer sessions. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to May 2024 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 No Naue Kev Bride Repairs Proiect 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 parry relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other parry, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no parry to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. aa) Insurance: Prior to commencement of work the Contractor will provide satisfactory evidence of insurance as required in Specification Section 00900 General Insurance Requirements for Construction Contractors and Subcontractors. The Contractor shall name the Monroe County Board of County Commissioners, its employees and officials as "Additional Insured" on all policies except for Worker's Compensation. 7.7 Ownership of the Project Documents: The documents prepared by the Contractor for this Project belong to the County and may be reproduced and copied without acknowledgement or permission of the Contractor. 7.8 Successors and Assigns: The Contractor shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Subject to the provisions of the immediately preceding sentence, each parry hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other parry. 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 parry. 7.10 Americans with Disabilities Act of 1990 (ADA) - The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 7.11 E-Verify System - Beginning January 1, 2021, in accordance with F.S. 448.095, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide May 2024 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 No Naive Kev Bride Repairs Proiect an affidavit stating that the subcontractor does not employ, contract with, or subconstruct with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of F.S. 448.095 ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. Article 9 Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: See Article 1 9.1.1 The Agreement is this executed Standard Form of Agreement between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated May 2024 and are as follows: As listed in Table of Contents, Section 00001 of the Project Manual for this project. 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: As listed in Table of Contents, Section 00001 of the Project Manual for this project. 9.1.5 The Drawings are as follows, and are dated on each individual drawing unless a different date is shown below: Replacement Plans, Kisinger Campo and Associates Drawings Dated 1/18/24 Sheets 131-132, BQ1, 133-1310, and sheet 1-1 Existing plans, not for construction 1-17, 13-18, B-7 9.1.6 The Addenda, if any, are as follows: Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. May 2024 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 No Name Key Bridge Repairs Project 9.1.7 Other documents, if: any, forming part o f the contract Documents are as follows: Monroe • l County Bid Form in Section 00110. Arti See:Article 1. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first written above in counterparts,:each of which shall, without proof or accounting for the other counterparts,be deemed an original contract. . BOARD'OF COUNTY COMMISSIONERS ii:!-:tortsria VIN MADOK, Clerk OF MONROE COUNTY,FLORIDA ,2' 11.401%, ,,s,. ,---, ,-,2,1 ---, tr,4-4 i ri—itrip 41 r-. t, it ',—*---.,-,4,4q :,,,,,\ Ayi. ' 1 . 'YaA\„-\\t,,.,,,::,,,c tt,, `5 �/1 i,,.,,,,,,,v,-4.g_1;,,1;1I,-,-, ',, 1. By \ $: s Dep ty.Clerk'ri�� ..�rf � � Mayor ,.., �^ T; n. MONROE COUNTY AITORNE Date 2l 2GZ: MO�PPR V.D ASTO Fo t � �Y. CHRlSTINE LIMBl:RT-BARROWS .. . ASSISTANT COUNTY ATTORNEY. DATE:: /2 $/ 4 (SEAL) Midcoast Construction Enterprises, LLC Midcoast Marine DBA� 'Group Attest: ' Nii,,,c,eAd By: 9,6, By: . Ja ck D. Fulford: • Title: Office Manager Title: Director of Construction and Development END OF SECTION 005: :2,":M. 1. .: 4,44, CD May 2024 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 00500 No Naue Kev Bride Repairs Proiect SECTION 00300 SCOPE OF WORK 1. GENERALSCOPE 1.1 The Scope of Work shall include, but not be limited to, all work shown and listed in the Project Drawings and Project Manual. The Contractor is required to provide a complete job as contemplated by the drawings and specifications,which are a part of this bid package. 1.2 The Scope of Work consists of fill replacement, rip rap, guardrail removal and replacement, approach sidewalk modifications, clearing and grubbing and maintenance of traffic as shown on the Drawings and included in the Technical Specifications. 1.3 Provide all labor, supervision, materials, supplies, equipment, tools, construction equipment, transportation, inspection, and proper execution and completion of all Work as specified in the Project Manual included in this Bid Package. END OF SECTION 00300 O 0.. O 0..�, -O0OO O OO C7 0 O C 0 0 O VN o cli C0 LO O o c 72 O i O ccO00 O O O 0 0 0 C. 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O o O � fZ 00 M cc N d rn � 69 LO N �i 00 N r � � O FST a» fH u> (f}_ <fi, � 64 ff} F!3 ttT O (7 CN ID �— 0') m LO N N' O N' N O Ncri �` O OCo (n cn a a a LL U >- >- >- d Z J w U- w w w U J J w w w -j <G U) CJ U w f- 0 p 72 p O h U LL Q ❑ N J Chi 1- O LL 0. z CL h J N aw w cn a F- w o cp w a O O IK W W -� 1- rK � w U = C'J w CC Q U 0- d O m w D- w o � I w U) OG z W z r h h U 0- d CD h O W U U) O LL h J d '� U h Q -� > Q Z c0) O O < ¢ m z w a z � ° J ° d �_ h _U W t® 1- W U CL ® J > ~ W LL Z > t� a U < <L D� h Q z Q �' O ® w Z co to C� 0 z � d — a CJ W U) a y a w h a < � w O W D' 1 z U) Z7 U U D z U i— Q I Q O h — w h 0. 0 W U h d O Q W ` O J � � J J06 J U) i hQ d o N J <C 0 z a Q (- <C d d 0.. C7 o c N J m w Z _2 d Y W z d � J � n- cr 2 wN d d o > z � d -J a QQ a aw a w z N W h O <C d 0 I— W CL N U J � w � CL � � w m "- x d a r p w � m Z cf) U d w d d d � d c w O <t © = U O w J J w .5 °- 0 0 cn a J w a a d a I ro U J 0- h- LL U w w � U IL O h U) v) CD CD m (D a) o N r r N O Cl) M LO ? �f a_ o N rn LO N co f� O r N' CO r- LO r f`� h- W OD O c� T N N N N N' O O O O r- CA CO CO CO CD m O Z c O O_ O O O_ _O � r N M N co "") U) <' Cl) LO O c� z ^ 0 0 0 O O 0 0 0 0 0 0 co O O 0 4 O O U No Name Key Bridge Repairs Project NON-COLLUSION AFFIDAVIT I Jack D. Fulford of the city of Cross City according to law on my oath, and under penalty of perjury,depose and say that; Midcoast Construction Enterprises,LLC 1. I am Director of Construction and Development of the firm of DBA Midcoast Marine Group the bidder making the Proposal for the project described in the Request for Competitive Solicitations for: No Name Key Bridge Repairs Project Monroe County,Florida and that I executed the said proposal with full authority to do so; 2.) the prices in this bid have been arrived at independently without collusion, consultation, 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 made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5.) t e statements co ined in this affidavit are true and correct, and made with full knowledge th t M C ty relies upon the truth of the statements contained in this affidavit in ar ' nt cts for said project. 7/10/24 > ature of Bidde (Date) STATE OF: Florida COUNTY OF: Dixie Subscribed and sworn to (or affirmed)before me, by means of C physical presence or ❑ online notarization, on 7/10124 (date)by Jack D. Fulford (name of affiant). He/She is personally known to me or has produced (type of identification)as identification. N ARY PUBLIC My commission expires: 5/9/2025 v a. Notary Public State of Florida Joleigh Millard My commission HH 451832 Expires 5/9/2025 FIX May 2024 BID PROPOSAL 00110-6 No Name Key Bridge Repairs Project LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY,FLORIDA Midcoast Construction Enterprises, LLC DBA Midcoast Marine Group it (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 ' contra t 'thou liability and may also, in its discretion, deduct from the contract or purchase price, othe ise r,t full amotmt of any fee, commission, percentage, gift, or consideration paid to the f er f or ployee". 7/10/24 at e) (Date) STATE OF: Florida COUNTY OF: Dixie Subscribed and sworn to (or affirmed) before me, by means ofV'physical presence or ❑ online notarization, on 7/10/24 (date) by .lack D. Fulford (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. °j q» ARY l- C My Commission Expires: 5/9/2025 Notary Public State of Florida Joleigh (Millard � tiN My Commission HH 451832 T PUBLIC Expires 5/9/2025 My commission expires: 5/9/2025 May 2024 BID PROPOSAL 00110-7 No Name Key Bridge Repairs Project DRUG-FREE WORKPLACE FORM The undersigned Contractor in accordance with Fl. Statute 287.087 hereby certifies that: Midcoast Construction Enterprises, LLC DBA Midcoast Marine Group (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform such employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs,and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employees will abide by the terms of the statement and will notify the employer of any conviction of,or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes)or of any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than five(5)days after such conviction. 5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any 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 lies fu y e ove requirements. �gnature STATE OF: Florida AIWACOUNTY OF: Dixie Subscribed and sworn to (or affirmed)before me, by means of Vphysical presence or ❑ online notarization, on 7/10/24 (date) by Jack D. Fulford (name of affiant). He/She is personally known to me or has produced (type of identification)as identification. Notary Public State of Florida 71TOTARY PUBLIC Joleigh Millard I;IIa My commission HH 451832 5/9/2025 Expires 5/91202s My Commission Expires: May 2024 BID PROPOSAL 00110-8 No Name Key Bridge Repairs Projeq PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Midcoast Construction Enterprises,LLC I have the above and state that neither DBA Midcoast Marine Group _ (Proposer's name) n 10 an Ili q s en placed on the convicted vendor list within the last 36 months. A (Si Wae) (Date) 7/10/24 STATE OF: Florida COUNTY OF: Dixie Subscribed and sworn to(or affirmed)before me,by means of N(physical presence or 0 online notarization, onthejQ!!�_dayof VjLj 2024,by Jack D. Fulford --(name of affiant). He/She is personally known to me or has produced -(type of identification)as identification. My qq . sionlExpires: 5/9/2025 NOTARY PUBLIC Notary Public State Of Florida A joleigh Millard 11011M My Commisslon HH 451832 me I; Expires 61912026 May 2024 BID PROPOSAL 00110-9 No Name Key Bridge Repairs Project SECTION 00110 Bid Bond Midcoast Construction Enterprises,LLC dba Midcoast Marine Group KNOW ALL MEN BY THESE PRESENTS,that we 250 NE 255th Street,Cross City,FL 32628 (Here insert full name and address or legal title of Contractor) Travelers Casualty and Surety Company of America as Principal,hereinafter called the Principal, and One Tower Square;Hartford,CT 06183 (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of CT Monroe County Board of County Commissioners as Surety,hereinafter called the Surety, are held and firmly bound unto 11 oo Simonton Street;Key west,FL 33040 (Here insert full name and address or legal title of Owner) as Obligee,hereinafter called the Obligee,in the sum of Five Percent of amount bid (5%) Dollars($ 5%, ), for the payment of which sum well and truly to be made,the said Principal and the said Surety,bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS,the Principal has submitted a bid for No Name Key Bridge Repairs Project; Monroe County, Florida (Here insert full name.address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall-enter a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another parry to perform the Work covered by said bid,then this obligation shall be null and void, othe to remajo in full force and effect. Signed and sealed this 1 St day of July 24 Midc st C structionWrp' . LLCMldcoast Marine Group i s) (P ' pa (Seal) F 0- G(C� (Title) _y Travelers Casualty and Surety Company of America �( d,-a-y e2''q..r...�-✓�-'a' .� '' ..' .�"'`i(r! //�L�1 r '� �SUREy,j.,'�, _ (Witness) Emma J Bryant&s (Surety)Bradley MapesY �rFoo"m CONN, ,ss�`c Attorney-in-Fact " (Title) May 2024 BID PROPOSAL 00110-10 Travelers Casualty and Surety Company of America Aw Travelers Casualty and Surety Company TRAVELERSJ St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint BRADLEY C MAPES of ATLANTA , Georgia , their true and lawful Attorneys)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 21st day of April, 2021, y AV, w O W NANfFI# a ' COWL oSIX State of Connecticut By: City of Hartford ss. Robert L.Rane enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ° � �V"" y dacrerzv �� ems ' a My Commission expires the 30th day of June,2026 r+U tv Anna P.Nowik,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies,which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. I Dated this 1st day of July 2024 flmdm a +fiA , owmft Cr cow Kevin E. Hughes,Assistant Secretary To verify the authenticity ofthis Power ofAttorney,please callus atZ 800-421-3880. Please refer to the above-named Attorneys)-in-Fact and the details of the bond to which this Power ofAttorney is attached. No Name Key Bridge Repairs Project Bidder's Insurance Statement The Insurance requirements are set forth in Section 00900 of the project manual as follows: Insurance Requirement Limits 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 GLXCU *Required Endorsement Underground,Explosion and Collapse (XCU) Vehicle Liability VL3 $500,000 per person; $1,000,000 per occurrence (Owned, hired and $100,000 Property Damage Non-owned Vehicles) or $1,000,000 Combined Limit l 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 shall be li e d to do business in the state of Florida. Midcoast Construction Enterprises, LLC 7/10/24 DBA Midcoast Marine Group Name of Business S. na Date May 2024 BID PROPOSAL 001.10-11 No Name Key Bridge Repairs Project VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Fill replacement,rip rap replacement,guardrail removal and replacement,approach sidewalk modifications,shoulder stabilization clearing and grubbing and maintenance of traffic as Project Description(s):shown in drawings Respondent Vendor Name: Midcoast Construction Enterprises,LLC DBA Midcoast Marine Group Vendor FEIN: 46-2470086 Vendor's Authorized Representative Name and Title: Jack D.Fulford,Director of Construction and Development Address: 250 NE 255th St. City: Cross City State: Florida Zip: 32628 Phone Number: 813-556-2263 Email Address: jfulford@midcoastllc.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 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal 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 the Scrutinized Companies with Activities in the Iran Terrorism Sectors 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" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors 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 a company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List or been engaged in business operations in Cuba or Syria. Certified By: Jack D. Fulford ,who is authorized to sign on be f f e o referenced company. Authorized Signature: Print Name: Jack D. Fu ford Title: Director of Construction and Development Note: The List are available at the following Department of Management Services Site: l tp://www.dms,my lei°ida.c om/b�tsiitess operations/state urchasin y/vendor information/convicted i uspq:nded discriminator corn hints vendor lists May 2024 BID PROPOSAL 00110-12 No Name Kedge Repairs Project LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance 023-2009, as amended by Ordinance 004-2015 must complete this form. Midcoast Construction Enterprises,LLC 7/10/24 Name of Bidder/Responder DBA Midcoast Marine Group Date: 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one year prior to the notice of request for bids or proposals? No (Please furnish copy.) 2. Does the vendor have a physical business address located within Monroe County from which the vendor operates or performs business on a day to day basis that is a substantial component of the goods or services being offered to Monroe County? No (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one year prior to the notice of request for bid or proposal.) List Address: Telephone Number: B.Does the vendor/prime contractor intend to subcontract 50%or more of the goods,services or construction to local businesses meeting the criteria above as to licensing and location? No 1f yes,please provide: 1.Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one year prior to the notice or request for bid or proposal. 2. Subcontractor's physical business address within.Monroe County from which the subcontractor operates: (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one year prior to the notice of request for bids or proposals) 250 NE 255th St.Cross ity,Florida 32628 Tel.Number 813-556-2263 (axirector of Construction and Development Print Name:_ Jack D.Fulford SigUatuand e of Authorized Signatory for Bidsponder STATE OF Florida COUNTY OF Dixie / On this loth day of July , 2024 , before me, by means of 3 physical presence or ❑ online notarization , the undersigned notary public, personally appeared Jack D.Fulford known to me to be the person whose name is subscribed above or who produced as identification,and acknowledged that he/she is the person who executed the above Local Preference Form f the urposes therein contained. My commission expires: 5/9/2025 otary P is (Seal) `brio e of Joleigh Millard Notary Public State of Florida -- Joleigh Millard Print Name My Commission HH 45t832 Expires 5/9/2025 May 2024 BID PROPOSAL 00110-13 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES Entity/Vendor Name: Midcoast Construction Enterprises, LLC dba Midcoast Marine Group Vendor FEIN: 46-2470086 Vendor's Authorized Representative: Jack D. Fulford/Director of Construction &Development (Name and Title) Address: 250 NE 255th St. City: Cross City State: Florida Zip: 32628 Phone Number: 813-556-2263 Email Address: OFFICE@MIDCOASTLLC.COM As a nongovernmental entity executing, renewing, or extending a contract with a government entity, Vendor is required to provide an affidavit under penalty of perjury attesting that Vendor does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes. As defined in Section 787.06(2)(a), coercion means: 1. Using or threating to use physical force against any person; 2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or service are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threating to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule II of Section 893.03 to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of Vendor, I certify under penalties of perjury that Vendor does not use coercion for labor or services in accordance with Section 787.06. Additionally, Vendor has reviewed Section 787.06, Florida Statutes, and agrees to abide by same. Certified By: Jack D Fulford , who is authorized to sign on behalf of the above referenced company. Authorized Signature: Print Name: Jack D Fulford Title: Director of Construction and Development Date CERTIFICATE OF LIABILITY INSURANCE 7/22/2024 Producer: Plymouth Insurance Agency This Certificate is issued as a matter of information only and confers no 2739 U.S. Highway 19 N. rights upon the Certificate Holder. This Certificate does not amend,extend Holiday, FL 34691 or alter the coverage afforded by the policies below. (727) 938-5562 Insurers Affording Coverage NAIL# Insured: South East Personnel Leasing, Inc. & Subsidiaries Insurer A: Lion Insurance Company 11075 2739 U.S. Highway 19 N. InsurerB: Holiday, FL 34691 Insurer C: Insurer D: Insurer E: Coverages The policies of insurance listed below have been issued to the insured named above for the policy period indicated. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms,exclusions,and conditions of such policies. Aggregate limits shown may have been reduced by paid claims. INSR ADDL Policy Effective Policy Expiration Limits LTR INSRD Type of Insurance Policy Number Date(MM/DD/YY) Date(MM/DD/YY) GENERAL LIABILITY Each Occurrence T mmercial General Liability Damage to rented premises(EA Claims Made ❑ Occur occurrence) Med Exp General aggregate limit applies per: Personal Adv Injury General Aggregate Policy ❑Project ❑ LOC Products-Comp/Op Agg AUTOMOBILE LIABILITY Combined Single Limit (EA Accident) Any Auto Bodily Injury All Owned Autos (Per Person) Scheduled Autos Hired Autos Bodily Injury Non-Owned Autos (Per Accident) Property Damage (Per Accident) EXCESS/UMBRELLA LIABILITY Each Occurrence Occur ❑Claims Made Aggregate Deductible A Workers Compensation and x I WC Statu- OTH- Employers'Liability WC 71949 01/01/2024 01/01/2025 tory Limits ER Any proprietor/partner/executive officer/member E.L.Each Accident $1,000,000 excluded? NO E.L.Disease-Ea Employee $1,000,000 If Yes,describe under special provisions below. E.L.Disease-Policy Limits 1 $1,000,000 Other Lion Insurance Company is A.M. Best Company rated A(Excellent). AMB# 12616 Descriptions of Operations/Locations/Vehicles/Exclusions added by Endorsement/Special Provisions: Client ID: 98-65-901 Coverage only applies to active employee(s)of South East Personnel Leasing,Inc.&Subsidiaries that are leased to the following"Client Company": Midcoast Construction Enterprises LLC dba Midcoast Marine Group Coverage only applies to injuries incurred by South East Personnel Leasing,Inc.&Subsidiaries active employee(s),while working in: FL. Coverage does not apply to statutory employee(s)or independent contractor(s)of the Client Company or any other entity. A list of the active employee(s)leased to the Client Company can be obtained by emailing a request to certificates@lioninsurancecompany.com Project Name: INCLUDES USL&H.ISSUE 07-22-24(KLT) APPROVED BY RISK MANAGEMENT BY- - .,.,. i0 m''' p 7 ryq DATE 0 .......,. /6/262-4' WAIVER N/A YES Be in Date:2 18 2019 CERTIFICATE HOLDER CANCELLATION MONROE COUNTY BOCC Should any of the above described policies be cancelled before the expiration date thereof,the issuing insurer will endeavor to mail 30 days written notice to the certificate holder named to the left,but failure to do so shall impose no obligation or liability of any kind upon the insurer,its agents or representatives. 1100 SIMONTON STREET KEY WEST, FL 33040 _..- DATE(MM/DD/YYYY) ACCORD® CERTIFICATE OF LIABILITY INSURANCE 4/1/2025 7/19/2024 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). CONT PRODUCER Lockton Companies NAMEACT 3280 Peachtree Road NE,Suite#1000 PHONE FAX Atlanta GA 30305 (A/C. MAILo Ext: A/c No (404)460-3600 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Sentry Insurance a Mutual Company 24988 INSURED Midcoast Construction Enterprises,LLC INSURER B:--- SEE ATTACHMENT--- I352848 250 NE 255TH Street INSURER C: Cross City FL 32628 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 20775584 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY B X COMMERCIAL GENERAL LIABILITY y N See Attached 4/30/2024 4/30/2025 EACH OCCURRENCE $ 5,000,000 DAMAGE TO RENTED CLAIMS-MADE 1XI OCCUR PREMISES (E.oc ",.nce) $ 300,000 APPROVED BY RISK MANAGEMENT MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 5,000,000 ... GEN'L AGGREGATE LIMIT APPLIES PER: DATE R��1�7n74 �^ GENERAL AGGREGATE $ 7,000,000 X POLICY n PRO- n LOC PRODUCTS-COMP/OP AGG $ 7,000,000 JECT WAIVER N/A YES OTHER I $ A AUTOMOBILE LIABILITY y N 90-1 9964-002(AOS) 4/l/2024 4/1/2025 (Ea COMBINED SINGLELIMIT $ 5 OOO OOO A X ANY AUTO 90-19964-003 MA Only) 4/1/2024 4/1/2025 BODILY INJURY(Per person) $ XXXXXXX OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS XXXXXXX HIRED NON-OWNED PROPERTY DAMAGE $ XXXXXXX AUTOS ONLY AUTOS ONLY Per accident $ XXXXXXX B X UMBRELLA LIAB X OCCUR N N See Attached 4/30/2024 4/30/2025 EACH OCCURRENCE $ 30,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 30,000,000 DED I I RETENTION$ $ XXXXXXX A AND EMPLOYERS'LIABILITY WORKERS COMPENSATION N 90-19964 001 AOS 4/1/2024 4/1/2025 X STATUTE OERH A ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N 90-19964 004(WI) 4/l/2024 4/1/2025 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 B Protection&Indemnity N N See Attached 4/30/2024 4/30/2025 $5,000,000 Each Occurrence MOLL $5,000,000 Each Occurrence Boat Dealers Inv. $10,000,000 Each Occurrence DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Monroe County BOCC is included as additional insured if required by written contract with respect to General Liability and Automobile Liability per the terms and conditions of the policy. CERTIFICATE HOLDER CANCELLATION See Attachments SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 20775 20775584 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street AUTHORIZED , KeyWest, FL 33040 �E @ 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Attachment Code:D608018 Master ID: 1352848,Certificate ID:20775584 2024—2025 Carrier Participation Schedule Marine GL MOLL BOAT DEALERS COVERAGE Insurance Company Participation 5M Limit .POLICY NUMBER MGL MOLL BOAT DEALERS Samsunq Fire&Marine Insurance Company, Ltd. 20.50% SMCZ14136EAX BOAT DEALERS Federal Insurance Company 10.00% Y1022438A(BDI) MGL/MOLL Federal Insurance Company 10.00% N10734368003(MGL/MOLL) MGL MOLL BOAT DEALERS Endurance American Insurance Company 15.00% NYABSKYGO06 MGL MOLL BOAT DEALERS Liberty Mutual Insurance Company 10.00% OPK10014553704 MGL MOLL BOAT DEALERS XL Specialty Insurance Company 10.00% UM00076179MA24A MGL MOLL BOAT DEALERS Beazley Insurance Company, Inc. 7.50% V2EBD8240401 MGL MOLL BOAT DEALERS Great American Insurance Co. 10.00% OMH4913359 MGL MOLL Ascot Insurance Company 10.00% MAPL2310002205-04 BOAT DEALERS Ascot Insurance Company 10.00% MACR2310002232-04(BDI) MGL MOLL BOAT DEALERS Naviciators Insurance Company Hartford 7.00% NY23TPT15581601 BUM BERSHOOT LIABILITIES COVERAGE Insurance Company Participation- 34M Limit .POLICY NUMBER Bumbershoot Starr Indemnity&Liability Company 50.00% MASILNY00033924 Bumbershoot Great American Insurance Co. 10.00% OMH 8915948 Bumbershoot New York Marine and General Insurance Co. 10.00% ML2024MEE00842 Bumbershoot Samsung Fire&Marine Insurance Company, Ltd. 7.50% SMCZ15475DAA Bumbershoot Endurance American Insurance Company 2.50% 0MX30036888601 Bumbershoot National Union Fire Insurance Company PA 7.50% 23551600 Bumbershoot Zurich American Insurance Co. 5.00% MAR 5846287-03 Bumbershoot CBE Insurance Group 5.00% SF24XS1M15931 Bumbershoot Beazley Insurance Company, Inc. 2.50% V2EBE9240401 EXCESS BOAT DEALERS COVERAGE Insurance Company Participation-520M Limit .POLICY NUMBER 1st Layer Excess Boat Dealers Starr Indemnity&Liability Company 50.00% MASIHNY0001264 1st Layer Excess Boat Dealers Great American Insurance Co. 12.50% OMH 8915947 1st Layer Excess Boat Dealers New York Marine and General Insurance Co. 12.50% ML2024MEE00843 1st Layer Excess Boat Dealers Endurance American Insurance Company 2.50% OBR30036898301 1st Layer Excess Boat Dealers Federal Insurance Company 10.00% Y10224421 1st Layer Excess Boat Dealers Zurich American Insurance Co. 5.00% MAR 5846286-03 1st Layer Excess Boat Dealers QBE Insurance Group 5.00% SF24HULLM15930 1st Layer Excess Boat Dealers Beazley Insurance Company, Inc. 2.50% V2EBEF240401