Loading...
10/16/2024 Agreement GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: November 1, 2024 TO: Beth Leto, Airports Business Manager, KWIA FROM: Liz Yongue, Deputy Clerk SUBJECT: October 16, 2024 BOCC Meeting The following item has been executed and added to the record: I12 Contract with the lowest bidder, Marino Construction Group (MCG), in the amount of$1,473,006.00 for construction of the Key West International Airport Noise Insulation Program (NIP) Group 1. The FAA grant for this project is also on the October 16, 2024 agenda. All project costs will be funded with FAA Grant 437-080 (90%) and Airport Operating Fund 404 (10%). 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 CONTRACT Key West International Airport Noise Insulation Program Construction of Group 1 THIS AGREEMENT made and entered into the 16th day of October 2024, by and between Marino Construction Group, Inc. (hereinafter referred to as "CONTRACTOR"), and the Monroe County Board of Commissioners, Key West, Florida, (hereinafter referred to as "OWNER"). WITNESSETH: That the CONTRACTOR, for the consideration hereinafter fully set out, hereby agrees with the OWNER as follows: 1. That the CONTRACTOR, shall furnish all the materials, and perform all of the work in the manner and form as provided by the following enumerated documents; Instruction to Bidders, Form of Proposal, General Provisions, Special Provisions, Technical Specifications, Form of Contract, Form of Bond, Drawings and Addenda, which are attached hereto and made a part hereof, as if fully contained herein, for the construction of: Key West International Airport Noise Insulation Program Construction of Group 1 Monroe County, Florida 2. That the CONTRACTOR shall commence the work to be performed under this agreement on a date to be specified in a written order of the OWNER and shall fully complete all work hereunder within Two Hundred Thirty-Five (235) calendar days from the Notice-to- Proceed — Permits pursuant to Special Provision No. 3. 3. The OWNER hereby agrees to pay to the CONTRACTOR for the faithful performance of the agreement, subject to additions and deductions as provided in the specifications or proposal in lawful money of the United States as follows: Approximately One million, four hundred seventy-three thousand, six and 00/100 Dollars ($1,473,006.00) in accordance with unit prices attached as Exhibit 6. 4. On or before the 15th day of each calendar month, the OWNER shall make partial payment to the CONTRACTOR on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the CONTRACTOR, less ten percent (10%) of the amount of such estimate which is to be retained by the OWNER until all work has been performed strictly in accordance with this agreement. County shall pay in accordance with the Florida Local Government Prompt Payment Act, Florida Statute 218.735. Each Application for Payment shall be based upon the Schedule of Values for the project. The Schedule of Values shall allocate the entire Contract Sum among the CONTRACT Page 2 of 12 Key West International Airport Noise Insulation Program Construction of Group 1 various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Director of Airports may require. This schedule, unless objected to by the Director of Airports, shall be used as a basis for reviewing the Contractor's Applications for Payment. 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. Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 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, less retainage of ten percent 10%. Payment will be made after delivery and inspection by County and upon submission of invoices with supporting documentation acceptable to the Clerk, on a monthly schedule in arrears. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. 5. Upon submission by the CONTRACTOR of evidence satisfactory to the OWNER that all payrolls, material bills and other costs incurred by the CONTRACTOR in connection with the construction of the work have been paid in full, final payment on account of this agreement shall be made within twenty (20) days after the completion by the CONTRACTOR of all work covered by this agreement and the acceptance of such work by the OWNER. 6. It is mutually agreed between the parties hereto that time is of the essence in this contract and in the event the construction of the work is not completed within the time herein specified, it is agreed that from the compensation otherwise to be paid to the CONTRACTOR, the OWNER may retain the amounts described in the Liquidated Damages, Special Provision No. 3, per day for each day thereafter, Sundays and holidays included, that the work remains uncompleted, which sum shall represent the actual damages which the OWNER will have sustained per day by failure of the CONTRACTOR to complete the work within the time stipulated and this sum is not a penalty being the stipulated damages the OWNER will have sustained in the event of such default by the CONTRACTOR. 7. It is further mutually agreed between the parties hereto that if at any time after the execution of this agreement and the surety bond hereto attached for its faithful performance, the OWNER shall deem the surety or sureties upon such bond to be unsatisfactory, or if, for any reason, such bond ceases to be adequate to cover the performance of the work, the CONTRACTOR shall, at its expense within five (5) days after the receipt of notice from the OWNER so to do, furnish an additional bond or bonds in such form and amount and with such surety or sureties as shall be satisfactory to the OWNER. In such event, no further payment to the CONTRACTOR shall be deemed to be due under this agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the OWNER. 8. 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. Records shall be retained for a period of seven years from the termination of this agreement or three years from the submission of the final expenditure report as per 2 CRF 200.33. Each party to this CONTRACT Page 3 of 12 Key West International Airport Noise Insulation Program Construction of Group 1 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 seven years following the termination of this Agreement. If an auditor employed by the OWNER 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, Florida Statutes, running from the date the monies were paid to CONTRACTOR. 9. PUBLIC ACCESS: 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 OWNER 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 OWNER and CONTRACTOR in conjunction with this contract and related to contract performance. The OWNER 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 OWNER 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: a) Keep and maintain public records that would be required by the OWNER to perform the service. b) Upon receipt from the OWNER's custodian of records, provide the OWNER 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. c) 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 OWNER. d) Upon completion of the contract, transfer, at no cost, to the OWNER all public records in possession of the CONTRACTOR or keep and maintain public records that would be required by the OWNER to perform the service. If the CONTRACTOR transfers all public records to the OWNER 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 CONTRACT Page 4 of 12 Key West International Airport Noise Insulation Program Construction of Group 1 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 OWNER, upon request from the OWNER's custodian of records, in a format that is compatible with the information technology systems of the OWNER. e) A request to inspect or copy public records relating to this contract must be made directly to the OWNER, but if the OWNER does not possess the requested records, the OWNER shall immediately notify the CONTRACTOR of the request, and the CONTRACTOR must provide the records to the OWNER or allow the records to be inspected or copied within a reasonable time. f) If the CONTRACTOR does not comply with the OWNER'S request for records, the OWNER shall enforce the public records contract provisions in accordance with the contract, notwithstanding the OWNER'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 OWNER or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. 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 (305) 292-3470, RADLEY- RIAN ONROECOUNTY- L.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040. 10. HOLD HARMLESS AND INSURANCE: Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, CONTRACTOR shall defend, indemnify and hold the OWNER and the OWNER's elected and appointed officers and employees harmless from and against: (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses (including, without limitation, costs of remediation and costs of additional security measures that the Federal Aviation Administration, the Transportation Security Administration or any other governmental agency requires by reason of, or in connection with a violation of any federal law or regulation, attorneys' fees and costs, court costs, fines and penalties) that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of CONTRACTOR or any of its employees, agents, contractors or other invitees on the Construction Site during the term of this Agreement, (B) the negligence or willful misconduct of CONTRACTOR or any of its employees, agents, contractors or other invitees, or (C) CONTRACTOR's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the OWNER or any of its employees, agents, contractors or invitees (other than CONTRACTOR). The monetary limitation of liability CONTRACT Page 5 of 12 Key West International Airport Noise Insulation Program Construction of Group 1 under this contract shall be equal to the dollar value of the contract and not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. 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 OWNER 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 this agreement. CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the OWNER at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days'written notice shall be provided to the OWNER before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the OWNER, its officials, employees, agents, and volunteers. Failure of CONTRACTOR to comply with the requirements of this section shall be cause for immediate termination of this agreement. 11. NON-WAIVER OF IMMUNITY: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of OWNER and 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 Agreement entered into by the OWNER be required to contain any provision for waiver. 12. NO PLEDGE OF CREDIT: CONTRACTOR shall not pledge the OWNER'S credit or make it a guarantor of payment or surety for any contract, debt, obligation,judgment, lien, or any form of indebtedness. CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. CONTRACT Page 6 of 12 Key West International Airport Noise Insulation Program Construction of Group 1 13. NOTICE REQUIREMENT: Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR OWNER: Pedro Mercado Richard Strickland, Director of Airports Sr. Assistant County Attorney Key West International Airport 1111 12th Street, Suite 408 3491 S. Roosevelt Blvd. Key West, FL 33040 Key West, Florida 33040 FOR CONTRACTOR: Jennifer Socha, Director of Operations Marino Construction Group, Inc. PO Box 1706 Key West, FL 33041 14. GOVERNING LAW, VENUE, AND INTERPRETATION: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements 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 OWNER and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 15. MEDIATION: The OWNER and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 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. 16. 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 OWNER 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. CONTRACT Page 7 of 12 Key West International Airport Noise Insulation Program Construction of Group 1 17. ATTORNEY'S FEES AND COSTS: OWNER 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 attorney's fees, in appellate proceedings. Each party agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all levels of the court system. 18. ADJUDICATION OF DISPUTES OR DISAGREEMENTS: OWNER and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of OWNER and CONTRACTOR. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of OWNER and CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 19. 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, OWNER 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. OWNER and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 20. BINDING EFFECT: The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of OWNER and CONTRACTOR and their respective legal representatives, successors, and assigns. 21. 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. 22. PRIVILEGES AND IMMUNITIES: All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the OWNER, when performing their respective functions under this Agreement within the territorial limits of the OWNER 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 OWNER. 23. LEGAL OBLIGATIONS AND RESPONSIBILITIES: This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. CONTRACT Page 8 of 12 Key West International Airport Noise Insulation Program Construction of Group 1 Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the OWNER, except to the extent permitted by the Florida constitution, state statute, and case law. 24. 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 OWNER and the CONTRACTOR agree that neither the OWNER 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. 25. 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. 26. EXECUTION IN COUNTERPARTS: This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and OWNER and CONTRACTOR hereto may execute this Agreement by signing any such counterpart. 27. NON-DISCRIMINATION: CONTRACTOR agrees that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: a) Title VI I of the Civil Rights Act of 1964(PL 88-352)which prohibit discrimination in employment on the basis of race, color, religion, sex, or national origin; b) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; c) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; d) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107) which prohibits discrimination on the basis of age e) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; CONTRACT Page 9 of 12 Key West International Airport Noise Insulation Program Construction of Group 1 f) 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; g) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; h) Title VIII of the Civil Rights Act of 1968 (42 USC § et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; i) The Americans with Disabilities Act of 1990 (42 USC § 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; j) 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; and k) Any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 28. COVENANT OF NO INTEREST: OWNER 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 the only interest of each is to perform and receive benefits as recited in this Agreement. 29. CODE OF ETHICS: OWNER agrees that officers and employees of the OWNER 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. 30. ETHICS CLAUSE: CONTRACTOR warrants that he/she/it had not employed, retained or otherwise had act on his/her/its behalf any former officer or employee of the OWNER subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any officer or employee of the OWNER in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the OWNER 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 officer or employee of the OWNER. 31. ATTESTATIONS: CONTRACTOR agrees to execute such documents as the OWNER may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. CONTRACT Page 10 of 12 Key West International Airport Noise Insulation Program Construction of Group 1 32. MUTUAL REVIEW: This agreement has been carefully reviewed by the CONTRACTOR and the OWNER; therefore this agreement is not to be construed against either party on the basis of authorship. CONTRACT Page 11 of 12 Key West International Airport Noise Insulation Program - Construction of Croup 1 IN WITNESS WHEREOF, each party has caused:this Agreement:to be executed by.its.duly ' authorized representatives on the day.and date first above written: • •� ::sz ` ° �EAt,�-ss -, BOARD• OF COUNTY COMMISSIONERS • illf.,,,f-F.A.•g',,-;;'"'A)t.tTg,'Vr.;;'A"e)/IN� MADOK, CLERK OF MONROE COUNTY, FLORIDA : r 4 a"' ji �`'ry rii rfj, `•e. �.�•.nia"rYK k.�. i.ram,,. �•..\rid r,.:�,f i-• �l l'i • t ,� ',,:� --f - u-• tea b, ., .. .. - .. .. ti�<"I•4��.:-•i�flu r e yi-/tip;/h -h-,..:.:''Z*•Yy, • .3'r :..... `.... 'vrf'v .i. By: '' '& - _, ,ri•:De°puty Cle :Mayor/Chairman • . MONROE COUNTY ATTORNEY APPROVED:AS TO FORM : CONTRACTOR • .2/.1. / i'i-'1,/c,„.,, •• . . • * • • • • • • • • • may'", ��..- .�.. PEDRO.J.MERCADO Matah Persaud . .• • SR.ASSISTANT COUNTY ATTORNEY Date: . :9/27/24 Title: CEO ' • STATE OF COUNTY OF:: 0 t-:.. Subscribed and sworn to (or affirmed) before: me, by means of. physical presence:or 0 online • September 25,2024 notarization,on : •e p. . ' • . • : . : :(date):by : �.: , (name of affiant). He is personally:known to me or has produced CI:: Er ,,,,,, . . .....,...„ .. . . -._._.... . . . . • . . • . pe I•en . •:cation) as identificatio n: :::17-:. 27:.:.5::'L,T,, drilMfrit,' *tea• . . . � -:;..:... . NOTARY PUBLIC . . . . • . t ..:: I , MYtCom mi.lion w--- < .t , 3 ' , t 159708 .Li — r, �o.� NuHt�r�o PrutbNlicR .. } R �puatt a e ro f Florida. :,.. , ,,.� Exp. 8/2/20.25 . CONTRACT Page 12 of 12 Key West International Airport Noise Insulation Program Construction of Group 1 ATTACHMENTS 1. Acknowledgment of Change Orders 2. Insurance Agent's Statement 3. Certificate of Insurance for Marino Construction Group, Inc. 4. Certificate of Insurance for Environmental Construction, Inc. Will provide pricer to construction 5. Corporate Acknowledgement 6. Unit Prices 7. Performance Bond Will provide pricer to construction 8. Payment Bond Will provide pricer to construction 9. Surety Acknowledgement Will provide pricer to construction 10. Power of Attorney Will provide pricer to construction 11. Drug-Free Workplace Form 12. Disclosure of Lobbying Activities 13. Disadvantaged Business Enterprise Assurance Form 14. Bidder's Affidavit in Compliance with the Florida Trench Safety Act 15. Public Entity Crime Statement 16. Sworn Statement Under Ordinance No. 10-1990, Monroe County (Ethics Clause) 17. Certification of Non-Segregated Facilities 18. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion 19. Non-Collusion Affidavit 20. Vendor Certification Regarding Scrutinized Companies Lists 21. Certification of Compliance with FAA Buy American Preferences 22. Certification of Offeror/Bidder Regarding Tax Delinquency and Felony Convictions 23. AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES Key West International Airport Noise Insulation Program Construction of Group I EXHIBIT I ACKNOWLEDGMENT FOR CHANGE, ORDERS TO: Monroe County Board of Commissioners Key West, Florida REF: Key West InternAtIongl Air cart Noise Insulation Pr2gram Groue 1, Ladies and Gentlemen: In order to avoid the necessity of extensive amendments to the referred contract, the undersigned acknowledges hereby that the following conditions are those for which change orders are allowed under the Bid Law: 1 , Unusual and difficult circumstances which arose during the course of the execution of the contract which could not have been reasonably foreseen. 2, Where competitive bidding for the new work for new money will work to the serious detriment of the awarding authority. 3. Emergencies arising during the course of the work. 4„ Changes or alterations provided for in the original, bid and originals contract. Contractor: Marino Construction Group, Inc, Signature: Typed Name: Mat ah Persaud Title: CEO Date: Key West International Airport Noise Insulation Program Construction of Group 1 EXHIBIT 2 INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy: POLICY: COMPANY: DEDUCTIBLES: General Liability Continental Insurance Company Not Applicable Automobile Continental Insurance Company $1,000 Comp/$1,000 Collision Umbrella Continental Insurance Company Not Applicable Workers Compensation Valley Forge Company Not Applicable Excess Liability Evanston Insurance Company Not Applicable Liability Policies are: Occurrence Claims Made USI Insurance Services Insurance Agency Signature BIDDER'S STATEMENT I understand the insurance that will be mandatory if awarded the Contract and I will comply in full with all the requirements. Marino Construction Group, Inc. Bidder Signature Key \8A*ot International Airport Noise Insulation Program Construction of Group 1 EXHIBIT 4 Key West International Airport Noise Insulation Program Construction of Group 1 EXHIBIT 5 CORPORATE ACKNOWLEDGEMENT STATE OF COUNTY OF On this +day of September, 2024, before me personally came Matah Persaud to me known, who being by me duly sworn, did depose and say he is the CEO of Marino Construction Group, Inc. the corporation described in and which executed the above instrument, that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal;that it was so affixed by the Board of Directors of said corporation and that he signed his name thereto by like order. Notary Public Signature -00 Notary Public state of Florida Hubert N Reuter .� V My Commission HH 159708 OFF` Exp. 8/2/2025 Key West International Airport EXHIBIT 6 Page I of 3 Noise Insulation Program Construction of Group I UNIT PRICES Marino Construction Group Item No. 2801 VENETIAN DRIVE 1 Item Description Unit Est.City Unit Price Total Price Windows Materials LS 1 $38,060.00 $38,060.00 Windows Installation Labor LS 1 $5,400.00 $5,400.00 Doors Materials LS 1 $4,410.00 $4,410.00 Doors Installation Labor LS 1 $1,175.00 $1,175M Interior Finishes&Trim LS 1 11 $4,512.001 $4,512.00 Exterior Finishes&Trim LS 1 $4,100.00 $4,100.00 General&Special Provisions LS 1 $24,420.00 $24,420-00 Overhead&Profit LS 1 $12,313.00 $12,313.00 SUBTOTAL $94,390.00 Item No. 2827 VENETIAN DRIVE 2 Item Description Unit Est.City Unit Price Total Price Windows Materials LS 1 $53,348.00 $53,348.00 Windows Installation Labor LS 1 $6,750.00 $6,750.00 Doors Materials LS 1 $8,363.00 $8,363.00 Doors Installation Labor LS 1 $2,525.00 $2,525.00 Interior Finishes&Trim LS 11 $5,205.001 $5,205.00 Exterior Finishes&Trim LS 1 $4,323.00 $4,323.00 General&Special Provisions LS 1 $24,992.00 $24,992.00 Overhead&Profit LS 1 $14,771.00 $14,771.00 SUBTOTAL $120,277.00 Item No. 2916 RIVIERA DRIVE 3 Item Description Unit Est.City Unit Price Tcitim-Fir-Icee Windows Materials LS 1 $64,791.00 $64,791.00 Windows Installation Labor LS 1 $7,425.00 $7,425.00 Doors Materials LS 1'-$8,770.00 $8,770.00 Doors Installation Labor LS 1 $2,350.00 $2,350.00 Interior Finishes&Trim LS 1 $6,041.00, $6,041.00 Exterior Finishes&Trim LS 1 $10,383.00 $10,383.00 General&Special Provisions LS 1 $24,961.00 $24,961.00 Overhead&Profit LS 1 $17,461.00 $17,461.00 SUBTOTAL $142,182.00 Item No. 2924 RIVIERA DRIVE 4 Item Description Unit Est.City Unit Price Total Price Windows Materials LS 1 $62,841.00 $62,841.00 Windows Installation Labor LS 1 $8,100.00 $8,100.00 Doors Materials LS 1 $4,348.00 $4,348.00 Doors Installation Labor LS 1 $1,175.00 $1,175.00 Interior Finishes&Trim LS 1 $6,,546.00 $6,546.00 Exterior Finishes&Trim LS 1 $10,275M $10,275.00 HVAC Materials LS 1 $3,986.00 $3,986.00 HVAC Labor LS 1 $1,823.00 $1,823.00 Electrical Materials LS 1 $1,800.00 $1,800.00 Electrical Labor LS I 11 $2,100.001 $2,100.00 Asbestos&Lead Paint Remediation LS 1 $16,680.00 $16,680.00 General&Special Provisions LS 1 $25,971.00 $25,971.00 Overhead&Profit LS 1 $20,390.00 $20,390.00 SUBTOTAL $166,035.001 Key West International Airport EXHIBIT 6 Page 2 of 3 Noise Insulation Program Construction of Group 1 UNIT PRICES Marino Construction Group Item No. 2918 FLAMER AVENUE 5 Item Description Unit Est.Oty Unit Price Total Price Windows Materials LS 1 $54,544.00 $54,54.00 Windows Installation Labor LS 1 $4,725.00 $4,725.00 Doors Materials LS 1 $11,192.00 $11,192.00 Doors Installation Labor LS 1 $2,350.00 $2,350-00 Interior Finishes&Trim LS 1 $4,088.00 $4,088.00 Exterior Finishes&Trim LS 1 $7,221.00 $7,221.00 General&Special Provisions LS 1 $25,082.00 $25,082.00 Overhead&Profit LS 1 $15,288.00 $15,288.00 SUBTOTAL $124,490.00 Item No. 2919 RIVIERA DRIVE 6 Item Description Unit Est..Qty Unit Price Total Price Windows Materials LS 1 $71,854.00 $71,854.00 Windows Installation Labor LS 1 $5,400,00 $5,400.00 Doors Materials LS 1 $13,459.00 $13,459.00 Doors Installation Labor LS 1 $2,350.00 $2,350.00 Interior Finishes&Trim LS 11 $5,221.001 $5,221.00 Exterior Finishes&Trim LS 1 $7,143.00 $7,143.00 General&Special Provisions LS 1 $25,615.00 $25,615.00 Overhead&Profit LS 1 $18,346.00I $18,346.00 SUBTOTAL $149,388.00 Item No. 3014 FLAMER DRIVE 7 Item Description Unit Est.Oty Unit Price Total Price Windows Materials LS 1 $37,279.00 $37,279.00 Windows Installation Labor LS 1 $4,725.00 $4,725.00 Doors Materials LS 1 $15,630.00 $15,630.00 Doors Installation Labor LS 1 $3,525.00 $3,525.00 Interior Finishes&Trim LS 1 11 $5,312.001 $5,312.00 Exterior Finishes&Trim LS 1 $7,075.00 $7,075.00 General&Special Provisions LS 1 $24,818.00 $24,818.00 Overhead&Profit LS 1 $13,771.00 $13,771.00 SUBTOTAL $112,135.00 Item No. 2930 RIVIERA DRIVE 8 Item Description Unit Est.Oty Unit Price Total Price Windows Materials LS 1 $39,007.00 $39,007.00 Windows Installation Labor LS 1 $6,075.00 $6,075.00 Doors Materials LS 1 $19,020.00 $19,020.00 Doors Installation Labor LS 1 $3,525.00 $3,525.00 Interior Finishes&Trim LS 1 1 $7,022.00 $7,022.00 Exterior Finishes&Trim LS 1 $9,572.00 $9,572.00 HVAC Materials LS 1 $14,212.00 $14,212.00 HVAC Labor LS 1 $7,380.00 $7,380.00 Electrical Materials LS 1 $2,300.00 $2,300.00 Electrical Labor LS 1 $2,300.001 $2,300.00 General&Special Provisions LS 1 $95,740.001 $25,740.001 Overhead&Profit LS 1 $20,423.001 $20,423.00 SUBTOTALI $156,576.00 Key West International Airport EXHIBIT 6 Page 3 of 3 Noise Insulation Program Construction of Group 1 UNIT PRICES Marino Construction Group Item No. 3000 FLAGLER AVENUE 9 Item Description Unit Est.Qty Unit Price Total Price Windows Materials LS 1 $56,289.00 $56,289,00 Windows Installation Labor LS 1 $10,800.00 $10,800.00' Doors Materials LS 1 $10,774.09 $10„774.00 Doors Installation Labor LS 1 $3,525.00 $3„525.00 Interior Finishes&Trim LS 1 $7,867.00 $7,867.00 Exterior Finishes&Trim LS 1 $13,780.00, $13,780.00 General&Special Provisions LS 1 $24,017.00 $24,0117.00 Overhead&Profit LS 1 $17,354.00 $17,354.010' SUBTOTAL $144,406.00 Item No. 1604 BAHAMA DRIVE 10 Item Description Unit Est.Q Unit Price Total Price Windows Materials LS 1 $118,565.00' $118,565.00 Windows Installation Labor LS 1 $12,825.00 $12„825.00 Doors Materials LS 1 $8,246.00 $8,246.00 Doors Installation Labor LS 1 $2,350.00 $2,350.00 Interior Finishes&Trim LS 1 1 $11,986.001 $11,986.00 Exterior Finishes&Trim LS 1 $12,549.00 $12,549.00 General&Special Provisions LS 1 $25,605.00 $25,605,00 Overhead&Profit LS 1 $26,241.00 $26,241.00 SUBTOTAL $218,367.00 Item No. UNIT PRICES FOR ITEMS 1 THROUGH 10 11 Item Description Unit Est.Qty Unit Price Total Price 01021-1 Construction Laborer HR 192 $60.00 $11,520.00 01021-2 Carpenter HR 192 $85.00 $16,320.00 01021-3 Treated Wood Lumber & Connectors 2x4,2x6 LF 2880 $1.00 $2„880.00 01021-4 Treated Wood Lumber & Connectors 2x8,2x12 LF 1 1440 $1.50 $2,160.00 01021-5 Exterior Stucco, Lath, Felt & Plywood-Installed SF 600 $9.00 '$5 .00 01021-6 Interior Gypsum Board, Insulation, Furring, Finish & Paint - Installed SF 600 $2.00 $1,200.00 01021-7 Painter Labor HR 72 $60.00 $4,320.0�0 01021-8 Licensed Electrician Labor HR 8 $120.001 $960.00 SUBTOTAL $44,760.00 TOTAL CONTRACT AMOUNT $1,473,006.00 Abbreviations: HR=Hour LS=Lump Sum LF=Linal Feet SF=Square Feet By signing below,the Bidder agrees to the accuracy of the information presented and agrees to the terms and conditions of this bid. Attach the signed hardcopy of these sheets with Bid Form Submittal. Bidder's Firm Name: Marino Construction Group Authorized Signature: Name and Title: Matah Persaud, CEO Key West International Airport Noise Insulation Program Construction of Group 1 EXHIBIT 7 PERFORMANCE BOND Will provide prior to construction Key West International Airport Noise Insulation Program Construction of Group 1 EXHIBIT 8 PAYMENT BOND Will provide prior to construction Key West International Airport Noise Insulation Program Construction of Group 1 EXHIBIT 9 SURETY ACKNOWLEDGMENT provideWill STATE OF COUNTY OF On this this day of September, 2024, before me personally came to me known, who being by me duly sworn, did depose and say he/she is the Attorney-in-Fact of described in and which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that he/she signed the said instrument and affixed the said seal as Attorney-in-Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. Notary Public Signature Key West International Airport Noise Insulation Program Construction of Group 1 EXHIBIT 10 POWER OF ATTORNEY Will provide prior to construction Key West International Airport Noise Insulation Program Group 1 EXHIBIT 11 DRUG FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087, hereby certifies that: Marino Construction Group, Inc. 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 betaken against employees for violations of such prohibition. 2. Inform such employees about the dangers of drug abuse in the workplace, the business' 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 Sub-section (1). 4. In the statement specified in Sub-Section (1), notify the employees that as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of or plea of guilty or nolo 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 complies fully with the above requirements. — ..,.... (Signature) MTR TIF,A-1�lhkl>, CEO (Title) April 18, 2024 (Date) Key West International Airport Noise Insulation Program Group 1 EXHIBIT 12 DISCLOSURE OF LOBBYING ACTIVITIES Certification of Contracts, Grants, Loans and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid by or on behalf of the undersigned to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreements and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. (2) If any funds other than federal appropriate funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (Signature) CEO (Title) April 18, 2024 (Date) Key West International Airport Noise Insulation Program Group 1 EXHIBIT 13 DISADVANTAGED BUSINESS ENTERPRISE ASSURANCE FORM Project Name: Key West International Airport Noise Insulation Program, Construction of Group 1 The Bidder shall complete the following statement by checking the appropriate box (check only one box). Failure to complete this statement shall be grounds for rejection of the Bid. The Bidder is able to assure meeting the requirements of the DBE Provisions, included in SECTION 150, DISADVANTAGED BUSINESS ENTERPRISE PROGRAM, and shall utilize not less than the prescribed goal of 19.97% DBE participation. X The Bidder is unable to assure DBE participation of 19.97% in this Contract but shall provide for a minimum amount of 0% DBE participation. (if this box is checked, Bidder shall fill-in the percentage blank and document on a separate attachment to this Assurance of Good Faith Efforts undertaken in attempting to meet the Contract Goals as instructed in SECTION 150, DISADVANTAGED BUSINESS ENTERPRISE PROGRAM.) Marino Construction Group, LLC (Company Name of Bidder) (Printed or Typed) (IRS FEI Number) Matah Persaud (Printed Name of Person Signing) By: (Signature)* Title: CEO Date: wO *Must be same signature as Bid Proposal Key West International Airport Noise Insulation Program Group 1 EXHIBIT 14 BIDDER'S AFFIDAVIT IN COMPLIANCE WITH FLORIDA TRENCH SAFETY ACT (SECTION 553.60-553.64, FLORIDA STATUTES) STATE OF: Florida COUNTY OF: Monroe BEFORE ME, the undersigned auth '1y,-pe s.Qn.ally appeared: Matah Persaud (Name of Person) who is personally known to me or who has produced as identification, who, being duly sworn, deposes and says as follows: That he/she is the duly authorized representative of: Marino Construction Group, Inc. (Name of Bidder) being its CEO (Owner, Partner, President, or other Corporate Officer) and as such, has full authority to execute this Bidder's Affidavit. 1. The full legal name and business address of the person or entity submitting this bid: Marino Construction Group, Inc. PO Box 1706, Key West, FL 33041 2. By submission of this bid and subsequent execution of this Contract, the undersigned bidder certifies that as successful bidder (Contractor) all trench excavation done within his/her control (by his/her own forces or by his/her subcontractors) shall be accomplished in strict adherence with OSHA Trench Safety Standards contained in 19 CFR, s.1926.650, Sub-part P, including all subsequent revisions or updates to these Standards as adopted by the Department of Labor and Employment Security. Key West International Airport Noise Insulation Program Group 1 3. The bidder acknowledges that included in the various items listed in the Schedule of Prices Bid and in the Total Amount Bid are costs for complying with Florida Trench Safety Act (Sections 553.60-553.64, Florida Statutes). The bidder further identifies the costs to be summarized below: Trench SafetyMeasure Unit of Measure Unit Unit Extended ur (Description) (LF, ur Quantity Cost Cost A B C TOTAL: $ (Signature) CEO_ (Title) April '18, 2024_ (Date) STATE OF: Florida COUNTY OF: Monroe Subscribed and sworn to (or affirmed) before me, by means of physical presence or ❑ online notarization, on April 18, 2024 (date) by Matah Persaud _ (name of affiant). He/She is personally known to me or has produced (type, of identification) as identification. ka 1ploe�j' Not&y PtjtG 4jr: iPaPe Of Roe id.a PIo�b PI N o ate g NOTARY ARY PUBLIC Key West International Airport Noise Insulation Program Group 1 EXHIBIT 15 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 a public entity, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither Marino Construction Group, Inc.(Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. (Signature) CEO (Title) April 18, 2024 (Date) STATE OF: Florida COUNTY OF: Monroe Subscribed and sworn to (or affirmed) before me, by means of Vphysical presence or ❑ online notarization, on April 18, 2024 , (date) by Matah Persaud (name of affiant). He/She is personally known to me or has produced (type of' en ification) as identification., b9iilkz irk � � niitiA 111w-��—Vr-%V-����], NOTARY PUBLpC M hid 11;5�°" Key West International Airport Noise Insulation Program Group 1 EXHIBIT 16 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY f=L ETHICS CLAUSE Marino Construction Group, Inc. warrants that he/she/ it has not employed, retained, or otherwise had act on his/her/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. 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. (Signature) CEO (Title) April '18, 2024 (Date) STATE OF: Florida COUNTY OF: Monroe Subscribed and sworn to (or affirmed) before me, by means of physical presence or ❑ online notarization, on April 18, 2024 (date) by Matah Persaud (name of affiant). He/She is personally known to me or has produced (type e of i entifr ation) as udentification. Notary Pubicci Florid<? ' m Hubert N P,enter OTA Y PUBLIC rmsson HH t 59708 Exp. 8/212025 ce�mwurow��w.^„aar^.^�m^^aw.wmm Key West International Airport Noise Insulation Program Group 1 EXHIBIT 17 CERTIFICATION OF NONSEGREGATED FACILITIES (As Required by Division III, Section 160 Subsection 160-02 Equal Employment Opportunity Requirements of the General Provisions) The federally assisted construction contractor certifies that he/she does not maintain or provide for his/her employees any segregated facilities at any of his/her establishments, and that he/she does not permit his/her employees to perform their services at any location, under his/her control, where segregated facilities are maintained. The federally assisted construction contractor certifies further that he/she will not maintain or provide for his/her employees any segregated facilities at any of his/her establishments, and that he/she will not permit his/her employees to perform their services at any location, under his/her control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the equal opportunity clause in this contract. As used in this certification, the term "segregated facilities"means any waiting rooms,work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas,parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, disability, sex, age, ancestry, marital status, familial status, sexual orientation, gender identity expression, or national origin, because of habit, local custom, or any other reason. The federally assisted construction contractor agrees that (except where he/she has obtained identical certifications from proposed subcontractors for specific time periods) he/she will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause, and that he/she will retain such certifications in his/her files. mm (Signature) CEO (Title) April 18, 2024 (Date) Key West International Airport Noise Insulation Program Group 1 EXHIBIT 18 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION - 49 CFR PART 29 (Version 1, 5/90) The Bidder/Offeror certifies, by submission of this Proposal or acceptance of this Contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. It further agrees by submitting this Proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the Bidder/Offeror/Contractor or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this Solicitation/Proposal. r (Signature) M/ -TA H T FR�Atk-D CEO (Title) April 18, 2024 (Date) Key West International Airport Noise Insulation Program Group 1 EXHIBIT 19 NON-COLLUSION AFFIDAVIT 1, Matha Persaud (name) according to law on my oath, and under penalty of perjury, depose and say that: 1) 1 am CEO (title) of the firm of Marino Construction Group, Inc. (company name) the Bidder making the bid proposal for the project described in the Notice for Calling for bids for: Key West International Airport Noise Insulation Program Group 1 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 prices 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 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) The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Signature) CEO (Title) April '18, 2024 (Date) Key West International Airport Noise Insulation Program Group 1 STATE OF: Florida COUNTY OF: Monroe Subscribed and sworn to (or affirmed) before me, by means of physical presence or ❑ online notarization, on April 18, 2024 (date) by Matah Persaud (name of affiant). He/She is personally known to me or has produced (tvve Df identification) as ildlentification. NOTARY PUBLIC P W2,y PubClc S@e e of Horfda Hubert N Reuter c MY Cpmr ossion Key West International Airport Noise Insulation Program Group 1 EXHIBIT 20 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): KWIA Noise Insulation Program Group 1 Respondent Vendor Name: Marino Construction Group, Inc. Vendor FEIN:65-0823279 Vendor's Authorized Representative Name and Title: Matah Persaud Address: PO Box 1706 City: Key West State: Florida Zip: 33041 Phone Number: 305-359-5269 Email Address:mpersaud@marino-construction.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 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" 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 Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Key West International Airport Noise Insulation Program Group 1 Certified By: Matah Persaud who is authorized to sign on behalf of the above referenced company. Authorized Signature: Print Name: Matah Persaud Title:CEO Note: The Lists are available at the following Department of Management Services Site: htt�,,//www.drns.m tiorida.com/business o.erations/state urchasiir� /ytq,gor information/convi .............................................. .................................................................................................... ........................................................................ ......................................... .................................................................... �jttq...... ..... w . . . .. aints vendor r lists .:. � . . . . .: ........................ ....... t . .......... .... Key West International Airport Noise Insulation Program Group 1 EXHIBIT 21 CERTIFICATE OF COMPLIANCE WITH FAA BUY AMERICAN PREFERENCE As a matter of bid responsiveness, the bidder or offeror must complete, sign,, date, and submit this certification statement with their proposal. The bidder or offeror must indicate how they intend to comply with 49 UGC § 50101, and other Made in America Laws, U.S. statutes, guidance, and FAA policies by selecting one on the following certification statements. These statements are mutually exclusive. Bidder must select one or the other (not both,) by inserting a checkmark (V) or the letter"X". 0 Bidder or offeror hereby certifies that it will comply with 49 UGC§ 501101, BABA and other related U.S. statutes, guidance, and policies of the FAA by: a) Only, installing steel and manufactured products produced in the United States, b) Only installing construction materials defined, as: an article, material, or supply— other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives that are or consist primarily of non-ferrous metals-, plastic and polymer-based products (including polyvinylchloride, composite building materials,and polymers used in fiber optic cables);glass(including optic glass); lumber or drywall that have been manufactured in the United States, c) Installing manufactured products for which the Federal Aviation Administration (FAA) has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers Issued listing; or d) Installing products listed as an Excepted Article, Material or Supply in Federal Acquisition Regulation Subpart 25,108. By selecting this certification statement, the bidder or offeror agrees: 1 To provide to the Airport Sponsor or FAA evidence that documents the source and origin of the steel and manufactured product. 2. To faithfully comply with providing U.S. domestic product, 3. To furnish U.S. domestic product for any waiver request that the FAA rejects. 4. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified. The bidder or offeror hereby certifies it cannot comply with the 100 percent Buy American Preferences of 49 USC § 50101(a) but may qualify for a Type 3 waiver under 49 USC § 50101(b). By selecting this certification statement, the apparent bidder or offeror with,the apparent low bid agrees: 1. To submit to the Airport Sponsor or FAA within 15 calendar days of being selected as the responsive bidder, a formal waiver request and required documentation that supports the type of waiver being requested, Z That failure to submit the required documentation within the specified timeframe is cause for a non-responsive determination that may result in rejection of the proposal. Key West International Airport Noise Insulation Program Group 1 3. To faithfully comply with providing U.S. domestic products at or above the approved US. domestic content percentage as approved by the FAA 4. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified, Required Documentation Type 3 Waiver - The cost of the item components and subcomponents produced in the United States is more that 60 percent of the cost of all components and subcomponents of the "item."' The required documentation for a, Type 3 waiver is: a) Completed Content Percentage Wbrksheet and Final Assembly Questionnaire including: b) Listing of all product components and subcomponents that are not comprised of 100 percent U,.S, domestic content (Excludes products listed on the FAA Nationwide Buy American Waivers Issued listing and products excluded by Federal Acquisition! Regulation Subpart 25.108 (products of unknown origin must be considered as non- domestic products in their entirety). c) Cost of non-domestic components and subcomponents, excluding labor costs associated with final assembly at place of manufacture. d) Percentage of non-domestic component and subcomponent cost as compared to total "item" component and subcomponent costs, excluding labor costs associated with final assembly at place of manufacture. Type! 4 Waiver (Unreasonable Costs) - Applying this provision for iron, steel, manufactured goods, or construction materials,, would increase the cost of the overall project by more than 25 percent. The required documentation for this waiver is: a) Completed Content Percentage Worksheet and Final Assembly Questionnaire from b) At minimum two comparable equal bidders,and/or offerors; c) Receipt or record that demonstrates that supplier scouting called for in Executive Order 14005, indicates that no domestic source exists for the project and/or component; d) Completed waiver applications for each comparable bid and/or offer, False Statements: Per 49 USC§47126,this certification concerns a,matter within the jurisdiction of the Federal Aviation Administration and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code. Date, Signature, Marino Construction Group, Inc, Matah Persaud Company Name Printed Name and Title Key West International Airport Noise Insulation Program Group 1 EXHIBIT 22 CERTIFICATION OF OFFEROR/BIDDER REGARDING TAX DELINQUENCY AND FELONY CONVICTIONS Certifications 1. The applicant represents that it is( ) is not V a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. 2. The applicant represents that it is ( ) is not (\4 is not a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months. Note If an applicant responds in the affirmative to either of the above representations, the applicant is ineligible to receive an award unless the sponsor has received notification from the agency suspension and debarment official (SDO)that the SDO has considered suspension or debarment and determined that further action is not required to protect the Government's interests. The applicant therefore must provide information to the Sponsor about its tax liability or conviction to the Sponsor, who will then notify the FAA Airports District Office, which will then notify the agency's SDO to facilitate completion of the required considerations before award decisions are made. Term Definitions Felony conviction: Felony conviction means a conviction within the preceding twenty-four (24) months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the U.S. code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 U.S.C. § 3559. Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. Date Signature Marino Construction Group, Inc. Matah Persaud Company Name Printed Name and Title EXHIBIT 23 AFFIDAVIT ATTESTING TO NOWCOERCIVE CONDUCT FOR LABOR OR SERVICES Entity/Vendor Name: HAV-WO CON MUGnow 6"Up 11 INC Vendor FEIN: b5 ® ObA-3a-1 Ci Vendor's Authorized Representative: HATA14 PWAUD CEO Address: P.0. 24Y. 1-70(p (Name and Title) City: V-f-"q wr�&T — State: AUE.(Q A Zip: -&3,0 yam_ Phone Number: .305-3&9- G;k.0 9 Email Address: '1 GLG m"nc) -'Co A,CCYn �J 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 11 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: MATA14 PEk&PoJQ who is authorized to sign on behalf of the-.a.bove-rd erenced company. Authorized Signature: Print Name: Title: Client#: 1930344 MARINCON4 DATE(MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1 08/20/2024 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Amanda Schneider NAME: USI Insurance Svcs LLC, CL PHONE 352-390-2768 FAX 352-732-0132 A/C,No,Ext: (A/C,No): 4600 Touchton Rd E-MAIL ADDRESS: Amanda.Schneider@usi.com Building 100,Suite 275 INSURER(S)AFFORDING COVERAGE NAIC# Jacksonville, FL 32246 INSURER A:Security National Insurance Company 19879 INSURED INSURER B: Insurance Company of the West 27847 Marino Construction Group, Inc. INSURERC: Upland Specialty Insurance Company 16988 P.O. BOX 1706 Starstone Specialty Ins.Co. 44776 INSURER D: P Y Key West, FL 33041 Ironshore Specialty Insurance Co 25445 INSURER E: P Y INSURER F: Progressive American Insurance Company 24252 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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 INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY SES1814945 07/12/2024 07/12/202 EACH OCCURRENCE $1,000,000 X CLAIMS-MADE [X OCCUR PREMISESOEa occur°nce $100,000 X PD Ded:5,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO- POLICY JECT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ BINED F AUTOMOBILE LIABILITY X 983714925 07/12/2024 07/12/202 COM Eaa identS INGLE LIMIT 1 e 000e 000 cc X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ A X UMBRELLA LAB X OCCUR EXS1809701 07/12/2024 07/12/2025 EACH OCCURRENCE $5 000 000 EXCESS LAB CLAIMS-MADE AGGREGATE s5,000,000 DED RETENTION$ $ B WORKERS COMPENSATION WFL507889700 07/12/2024 07/12/2025 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N] N/A (Mandatory in NH) ISk4 E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under �' i w � E.L.DISEASE-POLICY LIMIT $1,00U 000 DESCRIPTION OF OPERATIONS below QY, ,, - , 10.25.24 WAM NP/A..._ — DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) REFF: KWIA Noise Insulation Program Single Family Homes Group 1 Certificate holder is named as an additional insured when required per written contractual agreement with respects to General Liability and Auto Liability CERTIFICATE HOLDER CANCELLATION Monroe County Board of County Commissioners SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1100 Simenton St ACCORDANCE WITH THE POLICY PROVISIONS. Key West, FL 33040 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S45522040/M45521373 RAKZR