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05/20/2026 Agreement
GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: May 28, 2026 TO: Willie Desantis, Director Facilities Maintenance Chrissy Collins Executive Administrator Breanne Erickson, Contract/Budget Administrator Facilities Contract Manager �onroecounty-fl-gov FROM: Liz Yongue, Deputy Clerk SUBJECT: May 20, 2026 BOCC Meeting The following item has been executed and added to the record: C11 Agreement with Keystar, Incorporated in the amount of$1,527,842.76, who was the lowest responsive, responsible bidder for the construction of a new storage building at the Cudjoe Key Transfer Station. This project is funded by Solid Waste (Fund 414). Please send us the Builders Risk Insurance and Bonds once they have been received from the Contractor, so we can add them to our record. 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 Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the 20t" day of May 2026 BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 And the Contractor: Keystar, Incorporated 5450 Macdonald Avenue, Suite 3 Key West, Florida 33040 For the following Project: CUDJOE KEY TRANSFER STATION NEW STORAGE BUILDING Scope of the Work The Contractor is required to provide a complete job as contemplated by the drawings and specifications, which are a part of this bid package. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies, permits and any other means of construction necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. The Contractor shall review and follow the attached construction plans provided by CPH Consulting, LLC. The Project Scope of Work consists of the construction of a new one-story, 2,400 SF pre- engineered metal building (PEMB) to be used for vehicle storage. The building shall include a concrete slab floor and be supported by concrete piles and grade beams. The Scope of Work includes demolition of existing structures, pavement, and utilities as shown on the attached drawings. The Contractor shall remove and dispose of all debris and materials in accordance with all local, state, and/or federal regulations. The Scope of Work also includes various site improvements such as site regrading, new electrical conduit connection, new water service connection, construction of retaining Page 1 of 19 walls, asphalt paving including construction of driveway and parking spaces, construction of a heavy-duty concrete pavement apron, and construction of a concrete sidewalk. The Contractor should be aware that the transfer station is open to the public Monday through Saturday from 8:OOam to 3:30pm. It will be the Contractor's responsibility to ensure that the jobsite is safe and secure during construction. The Contractor will be permitted to dump, at no cost, scrap materials and debris at the transfer station during the project. The Contractor shall obtain and provide a weigh ticket to the Department of Facilities and Project Management for every load of construction and demolition debris for the project before dumping it on the tipping floor. ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda issued prior to execution of this Agreement, together with the response to RFP and all required insurance documentation, and Modifications issued after execution of this Agreement. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: N/A ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date to be fixed in a Notice to Proceed issued by the Owner. The Contractor shall achieve Substantial Completion of the entire Work not later than Two Hundred Forty (240) calendar days after the date of commencement or issuance of a Notice to Proceed. The time or times stipulated in the contract for completion of the work of the contract or of specified phases of the contract shall be the calendar date or dates listed in the milestone schedule. Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extensions in time as set forth by the Director of the Department of Facilities and Project Management's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. Page 2 of 19 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 $500,000.00 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. 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"). The 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 the Contractor under this Section. The Contractor shall give the County written notice within seven (7) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. The Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek additional time at no cost to the County as the Owner's 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 the Contract Sum of One Million, Five Hundred, Twenty-Seven Thousand, Eight Hundred, Forty-Two and 76/100 Dollars ($1,527,842.76), 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: N/A 4.3 Unit prices, if any, are as follows: N/A ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Director of the Department of Facilities and Project Management, and upon approval for payment issued by the Director of the Department of Facilities and Project Management and Architect, the Page 3 of 19 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 (1) calendar month ending on the last day of the month. 5.3 Payment will be made by the Owner, upon receipt of a proper invoice from the Contractor, in accordance with the Florida Local Government Prompt Payment Act (Section 218.735, Florida Statutes) and Monroe County Code. The Contractor is to submit to the Owner invoices with supporting documentation that are acceptable to the Monroe County Office of Clerk and Comptroller (County Clerk). Acceptability to the County Clerk is based upon generally accepted accounting principles and such laws, rules and regulations as may govern the disbursal of funds by the County Clerk. The Owner is exempt from sales and use taxes. A copy of the tax exemption certificate will be provided by the Owner upon request. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Director of the Department of Facilities and Project Management may require. This schedule, unless objected to by the Director of the Department of Facilities and Project Management, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of five percent(5%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be the net cost to the Owner, less Overhead, Profit and Documented Costs incurred prior to the change Request, as indicated in the corresponding line item in the Approved Schedule of Values for that line item as confirmed by the Director of the Department of Facilities and Project Management. 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; 5.6.3 Subtract the aggregate of previous payments made by the Owner; and Page 4 of 19 5.6.4 Subtract amounts, if any, for which the Director of the Department of Facilities and Project Management 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 retainages 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). 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. 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 and the work has been accepted by the Owner except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment, and (2) a final approval for payment has been issued by the Director of the Department of Facilities and Project Management. Such final payment shall be made by the Owner not more than twenty(20)days after the issuance of the final approval for payment. The following documents (Samples in Section 01027, Application for Payment) are required for Final Payment: (1) Application and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion (4) Contractor's Affidavit of Debts and Claims (5) Contractor's Affidavit of Release of Liens (6) Final Release of Lien (7) Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a common form (i.e. flash drive) of all the following, but not limited to: A. Project Record Documents (As Built Documents). B. Operating and maintenance data, instructions to the Owner's personnel. Page 5 of 19 C. Warranties, bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Electronic copies of approved submittals. G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). H. Copies of either a Certificate of Completion or Certificate of Occupancy issued by the Monroe County Building Department. 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 Payment shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. 7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities, of the General Conditions. 7.4 Annual Appropriation. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated, and the County has no further obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. 7.5 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract to supply any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of thirty-six(36) months from the date of being placed on the convicted vendor list. 7.6 The following items are included in 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. Records shall be retained for a Page 6 of 19 period of seven (7) years from the termination of this Agreement or in accordance with the State of Florida retention schedules Ir°!tR :iirc[r ides/irecoirds rirh it°n :ririrh :rir°nd:/ :rirn :rir ll...irecoin:s sc[l e6::fl1es/ whichever is greater. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven (7) years following the termination of this Agreement. If an auditor employed by the County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, Florida Statutes, running from the date the monies were paid by the Owner. Right to Audit_ Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by the Owner or by the County Clerk to substantiate charges related to this Agreement, and all other agreements, sources of information and matters that may in Owner's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by the Owner's representative and/or agents of the Owner or the County Clerk. The Owner or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10) years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of records, assets, and activities relating to this Project. If an auditor employed by the County or County Clerk determines that monies paid to the Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, Florida Statutes, running from the date the monies were paid to the Contractor. The Right to Audit provisions survive the termination or expiration of this Agreement. b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event 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. The Parties waive their rights to trial by jury. The County and Page 7 of 19 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. c) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. d) Attorney's Fees and Costs. The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the non-prevailing party and shall include attorney's fees and court costs in appellate proceedings. e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. f) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of counsel. g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of the funding that affect the Project will be provided to each party. h) Adjudication of Disputes or Disagreements. The County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of Section 7.4, Section 7.6 or Article 8 concerning termination or cancellation. i) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities Page 8 of 19 related to the substance of this Agreement or provision of the services under this Agreement. The County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. j) Nondiscrimination/Equal Employment Opportunity. The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of disability; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of 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, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101 Note), as may be amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. k) Covenant of No Interest. The County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. I) Code of Ethics. The 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. m) 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 Page 9 of 19 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. n) Employment or Retention of Former County Officers or Employees. The Contractor warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee in violation of Section 2-149, Monroe County Code of Ordinances or any County officer or employee in violation of Section 2-150, Monroe County Code of Ordinances. 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 pursuant to Subsection 2-152(b), Monroe County Code of Ordinances. o) Public Records Compliance. The Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Section 119.0701, Florida Statutes and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (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. Page 10 of 19 (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 AT: MONROE COUNTY ATTORNEY'S OFFICE, 1111 12T" ST., SUITE 408, KEY WEST, FL 33040 o° (305) 292-3470. p) Non-Waiver of Immunity. Notwithstanding the provisions of Section 768.28, Florida Statutes, the participation of the Contractor and the County in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or 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. q) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when Page 11 of 19 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. r) Legal Obligations and Responsibilities. This Agreement is not intended to relieve, nor shall it be construed as relieving, any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. s) Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to authorize, 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. t) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third- party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. u) Attestations. The Contractor agrees to execute such documents as the County may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, Scrutinized Companies List Certification, Noncoercive Conduct for Labor or Services Affidavit, Non-Collusion Statement, and a Drug-Free Workplace Statement. v) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. w) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. x) Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, the Contractor shall defend, indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of the Contractor or any of its employees, agents, Page 12 of 19 contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of the Contractor or any of its employees, agents, sub-contractors or other invitees, or (C)the Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than the Contractor). The monetary limitation of liability 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. The limits of liability shall be as set forth in the insurance requirements included in this Agreement. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include 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. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the County's sovereign immunity. y) Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. z) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the County that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that DBE's have the opportunity to compete and perform contracts. The County and Contractor and subcontractors shall not discriminate on the basis of race, color, national origin or sex in award and performance of contracts, entered pursuant to this Agreement. Page 13 of 19 aa)Agreements with Subcontractors. In the event that the Contractor subcontracts any or all of the work in this project to any third party, the Contractor specifically agrees to identify the COUNTY as an additional insured on all insurance policies required by the County. In addition, the Contractor specifically agrees that all agreements or contracts of any nature with its subcontractors shall include the County as additional insured. bb) Florida Green Building Coalition Standards. Monroe County requires its buildings to conform to Florida Green Building Coalition standards. Special Conditions, if any, are detailed in Section 00100 of the Project Manual for this Project. cc) Independent Contractor. At all times and for all purposes under this Agreement, the Contractor is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this Agreement shall be construed so as to find the Contractor or any of its employees, subcontractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. dd) E-Verify System. Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of Section 448.095, Florida Statutes. Pursuant to Section 448.095: 1. A public agency, Bidder, or subcontractor who has a good faith belief that a person or an entity with which it is contracting has knowingly violated Subsection 448.09(1), Florida Statutes shall terminate the contract with the person or entity. 2. A public agency that has a good faith belief that a subcontractor knowingly violated this subsection, but the Bidder otherwise complied with this subsection, shall promptly notify the Bidder and order the Bidder to immediately terminate the contract with the subcontractor. 3. A contract terminated under this paragraph is not a breach of contract and may not be considered as such. If a public agency terminates a contract with a Bidder under this paragraph, the Bidder may not be awarded a public contract for at least 1 year after the date on which the contract was terminated. A Bidder is liable for any additional costs incurred by a public agency as a result of the termination of a contract. ee) Entire Agreement. This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in writing, Page 14 of 19 approved by the Board of County Commissioners, and signed by both parties before it becomes effective. 7.7 Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, postage prepaid, or by courier with proof of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice is deemed received by Contractor when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the following persons: For Contractor: Keystar, Incorporated Charles C. Spottswood, CEO 5450 Macdonald Avenue, Suite 3 Key West, Florida 33040 For Owner: Director of Facilities and Project Management 1100 Simonton St., Room 2-216 Key West, Florida 33040 County Attorney Assistant County Administrator, PW& E 1111 12th Street, Suite 408 1100 Simonton Street Key West, Florida 33040 Key West, Florida 33040 ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions. 8.2 In the event that the Contractor shall be found to be negligent in any aspect of service, the County shall have the right to terminate this Agreement after five (5) calendar days'written notification to the Contractor. 8.3 Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days' written notice of its intention to do so. 8.4 Termination for Cause and Remedies: In the event of breach of any contract terms, the County retains the right to terminate this Agreement. The County may also terminate this Agreement for cause with the Contractor should the Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the County shall provide the Contractor with seventy-two (72) hours' written notice and provide the Contractor with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the County terminates this Agreement with the Contractor, the County shall pay the Contractor the sum due the Contractor under this Agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract; however, the County reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to the Contractor shall not in Page 15 of 19 any event exceed the spending cap in this Agreement. In addition, the County reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 8.5 Termination for Convenience. The County may terminate this Agreement for convenience, at any time, upon thirty(30) days'written notice to the Contractor. If the County terminates this Agreement with the Contractor, the County shall pay the Contractor the sum due the Contractor under this Agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract. The maximum amount due to the Contractor shall not exceed the spending cap in this Agreement. 8.6 For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Subsection 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Subsection 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Subsection 287.135(4), Florida Statutes, are met. 8.7 For Contracts of$1,000,000 or more: a) If the County determines that the Contractor/Consultant submitted a false certification under Subsection 287.135(5), Florida Statutes, the County shall have the option of (1) immediately terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Subsection 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Subsection 287.135(4), Florida Statutes, are met. b) If the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, or if the Contractor/Consultant has been placed on a list created pursuant to Section 215.473, Florida Statutes relating to scrutinized active business operations in Iran, or has been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement, or (2) maintaining the Agreement, at the County's option, if the conditions of Subsection 287.135(4), Florida Statutes, are met. ARTICLE 9 Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: • Construction Drawings titled "Monroe County Parking Structure — Cudjoe Key" dated 11/06/2025 from CPH Consulting, LLC. Pages: G000, G003, G101, C100, C200, C300, C300.1, C300.2, C400, V0.1, V1.1, S100, S101, S102, S103, A101, A131, A141, A201, A301, A600, MP101, E001, E002, E101, E201, E202, and E601 (28 pages total). Page 16 of 19 • Geotechnical Exploration Report from Universal Engineering Sciences dated July 12, 2024 (29 pages total). • Addendum No. 2 to Geotechnical Exploration Report from Universal Engineering Sciences dated August 2, 2024 (5 pages total). 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 Request for Proposals. 9.1.4 The Addenda, if any, are as follows: Number Date # of Pages 1 April 9, 2026 15 This Agreement is entered into as of the day and year first written above and is executed in at least one (1) original copy. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Page 17 of 19 i Execution by the.Contractor must be by a person with authority to bind the entity. SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST.BE NOTARIZED. 1 ,,,0%4)' f ?'. 7.i -it.• : A • ,,,,,, • _-...-:-_. ._. • 1 NAP VMr V��40 6, BOARD OF CQUNTY SIGNERS Attest: Kevin w t-o -er k OF MONROE COUNTY, FLORIDA &f , 1 gi Iowa I By., By... 1th1, ii. 1'r , . . Deputy - � . � .. . .. . � � • .. . o eputy Clerk Mayor/Chairman : ZdDate 2 MONROE CO U NTYATTORNEYS OFFICELOAPPROVED As To FORM. • ..e__......9•,,,e 1 Ler i 1 4civl ..,, ,4,, fr.; _,..., \A'ssisriAW`Ho6ritrypa-raiblet CONTRACTOR: rrE:.'4-22-202 ST: I-._C OtTED. • 6 Si nature: - Print Name: _, . •k . . ,-,4) 0-1:x --4I i'nlleti.\t( . )DkA-St4jr‘' A - :. '12 . 3:- Title.. L: ; Date: STATE V114 7/6. ..-:<-4:—i.c.' -4 rj,"1-;° .s.).. rst) ...-1-. ;OF -.- r 1. R. , ., COUNTY OFt)()foP . On thit __ day of P-o(-1 2 , before the. e-� . ..10 me, • fin rscgned notary public, by means of : :._ :� physical presence or � 0 online personally appeared: •� : - S iiA\41.c � I)ci: (name of afh'i:ar t) known:to me o 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 contract With Monroe County for CUDJOE KEY TRANSFER STATION NEW STORAGE BUILDING for the purposes therein contained. <-----„,,,;-7 .,, ,,,,.., . ... , . . _ q.`.� .Y•b, STEPHANIE BRUNO .. .. ='is��� ','` Notary ''''''''': Public { ` -y 7,A,.,I Notary Public-State.of Florida ,. 4") ' ,l,�, Commission#HH 399796 3 p a 2 / ., ...,� ., My Comm.Expires May 18,2027 . Print Namea�i ����� ���� � ki, BondedthroughNationalNotary Assn.'. Mycommission expires: - -.- 1 Page 8 of 19 GENERAL REQUIREMENTS Where the Department of Facilities and Project Management is Not a Constructor Section 00750 General Conditions Section 00970 Project Safety and Health Plan Section 00980 Contractor Quality Control Plan Section 01015 Contractor's Use of the Premises Section 01027 Application for Payment Section 01030 Alternates Section 01040 Project Coordination Section 01045 Cutting and Patching Section 01050 Field Engineering Section 01200 Project Meetings Section 01301 Submittals Section 01310 Progress Schedules Section 01370 Schedule of Values Section 01385 Daily Construction Reports Section 01395 Request for Information— (RFI) Section 01410 Testing Laboratory Services Section 01421 Reference Standards and Definitions Section 01500 Temporary Facilities Section 01520 Construction Aids Section 01550 Access Roads and Parking Areas Section 01560 Temporary Controls Section 01590 Field Offices and Sheds Section 01595 Construction Cleaning Section 01600 Material and Equipment Section 01630 Post-Proposal Substitutions Section 01640 Product Handling Section 01700 Contract Closeout Section 01710 Final Cleaning Section 01720 Project Record Documents Section 01730 Operation and Maintenance Data Section 01740 Warranties Page 19 of 19 Cudjoe Key Transfer Station New Storage Building SECTION 00120 NON-COLLUSION AFFIDAVIT l Charles C Spottswood of MMA Keystar, Inc. according to law on my oath, and under penalty of perjury, depose and say that: 1. 1 am CEO of the firm of Keystar, Inc. the proposer making the Proposal for the project described in the notice for calling for proposals for: Cudjoe Key Transfer Station New Storage Building and that I executed the said proposal with full authority to do so; 2. The prices in this proposal 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 proposer or with any competitor; and 3. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor; and 4. No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition; and 5. The statements contained in this affidavit are true and correct and made with full knoieWeof id roje t. 4/21/26 (Signature of oposer) (Date) STATE OF: Florida COUNTY OF: Monroe Subscribed and sworn to (or affirmed) before me, by means of IN physical presence or ❑ online notarization, on 4/21/26 (date) by Charles C Spottswood (name of affiant).a/She is personally known to me or has produced (type of identification) as identifi UL _ CORINNE DETRUIT , *."k Notary Public State of Florida Commission N HH 749927 NOTARY PUBLIC rsw My Comm.Expires Feb 14,2030 Bonded through National Notary Assn. My commission expires: 3 PROPOSAL FORM 00120-Page 29 of 224 Cudjoe Key Transfer Station New Storage Building LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE Keystar, Inc. (Company) warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". (Signature) Date: 4/21/26 STATE OF: Florida COUNTY OF: Monroe Subscribed and sworn to (or affirmed) before me, by means of Lf physical presence or ❑ online notarization, on 4/21/26 (date) by Charles C Spottswood (name of affiant).2Ie She is personally known to me or has produced (type of identification) as identification. CORINNE DETRurr Notary Public-State of Florida Commission N HH 749927 NOTAR PUBLIC w e. My Comm.Expires Feb 14,2030 Bonded through National Notary Assn. gg,, My commission expires: PROPOSAL FORM 00120-Page 30 of 224 Cudjoe Key Transfer Station New Storage Building DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute Section 287.087 hereby certifies that: Keystar, Inc. (Name of Business) 1, Publishes 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. Informs 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. Gives each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection (1). 4, In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under proposal,the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo 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. Imposes 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. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Proposer Signature 4/21/26 Date STATE OF: Florida COUNTY OF: Monroe Subscribed and sworn to (or affirmed) before me, by means of E)Cphysical presence or❑ online Charles C Spottswood notarization, on 4/21/26 (date) by p (name of affiant). e? he is ona y me or has produced (type of identification) as identi'f ti. Notary CORINNE DETRJ927 `. ry Public-State Commission�HH"y My Comm.Expires Fe NOTARY PUBLIC Bonded through National N My commission expires:. (SEAL) PROPOSAL FORM 00120-Page 31 of 224 Cudjoe Key Transfer Station New Storage Building LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance 023-2009, as amended by Ordinance No. 004-2015 and 025-2015, must complete this form. Name of Bidder/Responder Keystar, Inc. Date: 4/21/26 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one(1)year prior to the notice of request for bids or proposals? . Yes (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? Yes (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one (1)year prior to the notice of request for bid or proposal.) List Address: 506 Fleming Street, key West, FL 33040 Telephone Number: 305-517-6270 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? Yes If 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 (1)year prior to the notice or request for bid or proposal. 2.Subcontractor's physical business address within Monroe County from which the subcontractor operates: (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one (1) year prior to the notice of request for bids or proposals) 506 Fleming St, Key West, FL 33040 Tel.Number 305-517-6270 Address Print Name: Charles C Spottswood Signature and ritle 4f Authorized Signatory for Bidder/Responder STATE OF: Florida COUNTY OF: Monroe Subscribed and sworn to (or affirmed)before me, by means of LX physical presence or❑ online notarization, on 4121126 (date) by Charles C Spottswood (name of affiant). i1 She i ersonally know` to me or has produced (type I'd tifi ion) as identification. `� CORINNE M UR w,w :4 Notary Public W State of Florida NOTARY PUBLIC ° Commission 0 HH 749927 My Comm.Expires Feb 14,2030 Bonded through National Notary Assn. My commission expires: a PROPOSAL FORM 00120-Page 32 of 224 Cudjoe Key Transfer Station New Storage Building 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." I have read the above and state that neither Keystar, Inc. (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last thirty-six (36) months. (Signature) Date: 4/21/26 STATE OF: Florida COUNTY OF: Monroe Subscribed and sworn to (or affirmed) before me, by means of IN physical presence or ❑ online notarization, on 4/21/26 (date) by Charles C Spottswood (name of affiant).&Ie She is personally known to me or has produced (type of identification) as identification. , ¢rt CORINNE DETRUrr Notary Public-State of Florida Commission k HH 749927 NOTAR LIC 1,c6 . My Comm.Expires Feb 14,2030 ded through National Notary Assn. My commission expires: PROPOSAL FORM 00120-Page 33 of 224 Cudjoe Key Transfer Station New Storage Building VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s):. New Storage Building for the Cudjoe Transfer Station p Keysta Respondent Vendor Name: r, Inc. __ .,.. Vendor FEIN: 65-0866227 Vendor's Authorized Representative Name and Title: Charles C Spottswood, CEO Address: 506 Fleming St. ..... ......... City: Key West State: FL Zip: 33040 Phone Number 305-517-6270_._. Email Address: chas@keystarconstruction.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 Section 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 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: Charles C Spottswood who is authorized to sign on behalf of the ;Mbovereferr7ce t1any. Authorized Signature: ww... Print Name: Charles C Spottswood) Title: CEO Note: The List are available at the following Department of Management Services Site: Gttr tl yr rw. a �rTI fig 6da c rn/businesss opera iioris/state tjLir�cha�si ng/+rm r dor iinfomrmabon/canvrctee m st. ended dischrrrinato, complaints vendor lists PROPOSAL FORM 00120-Page 34 of 224 Cudjoa Key Transfer Station New Storage Building AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES BnLity/VendorNome: Keystar. |no. O5-0866227 `JoodorFEfN� Vendor's Authorized Representative: Char|aeCSpottawood. CEO (Name and Title) Address: 500 Fleming St City: Key West State: FL 41; 33040 Phone Number:- 305-517-6270 �u�ul�ddzcaa� nhoo��key�arnons�uodun�oom f\uu nongovernmental entity executing,renewing,or extending u contract with u government entity,Vendor is required to provide an affidavit under penalty of perjury attesting that Vendor does not use coercion for labor or services io accordance with Section 7Q7.06. Florida Statutes. /\s defined (n Section 7D7.O6(2)(u). coercion means: l. Using or threatening to use physical force against any person; 2. Restraining,isolating,or confining ordnoodug to restrain,isolate,cxcoufine any person without lawful authority and u�uinxther orbiovviU; 3. Using lending or other credit methods to establish u debt by any person when labor or services are pledged uo u security for the debt, if the value nf the labor orservices us 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, 000fiaou1iug, withholding, or poaucuxiug any ucuuu1 or purported passport, visa, or other immigration document, or any other ucU/u| or purported government ideudfico1ioudocument,of any person; 5. Causing or threatening to cause financial harm to any person; 6. Enticing ocbzrioor any person hy fraud or deceit; or 7. Providing u controlled substance um outlined iu Schedule lnc Schedule D of Section 8g3.O3, Florida Statutes 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 3cudon 787.06. Additionally, Vendor has reviewed Section 787.O6,Florida Statutes, and agrees to abide hysame. Certified By: Charles CSpottswood , who io authorized /usign ou behalf of the above referenced company Authorized Signature: Print Name: Charles CSpottswood CEO Title: PROPOSALFOFl&4 DU120'Page 35of224 Cudjoe Key Transfer Station New Storage Building PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Worker's Compensation Statutory Limits Employers Liability $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease Policy Limits $1,000,000 Bodily Injury by Disease, each employee General Liability, including $1,000,000 Combined Single Limit Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Vehicle Liability (Owned, non-owned, and hired vehicles) $1,000,000 Combined Single Limit If split limits are preferred: $500,000 per Person $1,000,000 per Occurrence $100,000 Property Damage Builder's Risk: REQUIRED - Limits equal to the full replacement value of the completed project The contract shall require a Public Construction bond equal to the contract cost. The bond must be issued by an A rated surety company doing business in the State of Florida. The Contractor shall provide a certified copy of the recorded payment and/or performance bond to the Owner pursuant to Fla. Stat. Sec. 255.05. Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be equal to the dollar value of the contract and not less than $1 INSURANCE REQUIREMENTS AND FORMS 00130- Page 43 of 224 DATE(MM/DD/YYYY) ACCOR" CERTIFICATE OF LIABILITY INSURANCE 4/23/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: The Baldwin Group Southeast LLC PHONE FAX 4211 W Boy Scout Blvd Ste 800 A/C No Ext: 813-984-3200 A/C,No): Tampa FL 33607 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# License#:L002281 INSURERA: Evanston Insurance Company 35378 INSURED KEYSINC-01 INSURER B: Upland Specialty Insurance Co 16988 Keystar, Inc. 506 Fleming Street INsuRERc: Starr Indemnity& Liability Co 38318 Key West FL 33040 INSURERD: St. Paul Travelers 24775 INSURERE: Burlington Insurance Company 23620 INSURERF: Ategrity Specialty Insurance C 16427 COVERAGES CERTIFICATE NUMBER:1385156964 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 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 MM/DD B X COMMERCIAL GENERAL LIABILITY Y USPCL0314725 12/1/2025 12/1/2026 EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $100,000 MED EXP(Any one person) $0 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY❑ PRO- ❑ JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: Deductible $5,000 D AUTOMOBILE LIABILITY Y BA-A0271471-25-42-G 12/1/2025 12/1/2026 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident B X UMBRELLALIAB X OCCUR USXCL0113125 12/1/2025 12/1/2026 EACH OCCURRENCE $11,000,000 E M KLV2 E U E 102187 12/1/2025 12/1/2026 F EXCESS LAB CLAIMS-MADE 01-B-XL-P00107138-1 12/1/2025 12/1/2026 AGGREGATE $11,000,000 DED RETENTION$ $ C WORKERS COMPENSATION 1000003972 12/1/2025 12/1/2026 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICE R/M EMBER EXCLUDED? ❑ 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 A Pollution Liability CPLMOL135984 12/1/2025 12/1/2026 Each Occurrence/Agg 5,000,000 Pollution Deductible 15,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Keystar, Inc. Employees are Paid Through Spottswood Companies, Inc.and Included on the Workers Compensation Policy Above. General Contractors Professional Liability Coverage: Certain Underwriters at Lloyds of London AP oSK T Effective: 12/1/2025-12/1/2026 By ( Policy#ANE550392625 Retroactive Date: 12/1/2024 DA' 7_26_-- Each Claim:$1,000,000 WA See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC 1100 Simonton St. XOZEDREPRE aNTE Key West FL 33040 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: KEYSINC-01 LOC#: ACOOR 0 ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED The Baldwin Group Southeast LLC Keystar, Inc. 506 Fleming Street POLICY NUMBER Key West FL 33040 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Aggregate Limit:$2,000,000 Professional Liability Retention:$2,500 ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Doc#2545467 Bk#3383 Pg#1573 Electronically Recorded 6/1/2026 at 12:05 PM Pages 10 Filed and Recorded in Official Records of MONROE COUNTY KEVIN MADOK ElectronicallyREC: $86.50 This is the front page of the performance/payment bond issued in compliance with Florida Statute 255.05 PERFORMANCE AND PAYMENT BOND (Public Work) In compliance with F.S.Chapter 255.05(1)(a) Bond No.: SURU2210012098 CONTRACTOR: Name: Keystar, Inc. Address: 5450 Macdonald Avenue, Suite 3, Key West, FL 33040 Phone: 305-360-0802 SURETY($): Name: Ascot Surety&Casualty Company Address: 1020 Highland Colony Parkway, Suite 700 , Ridgeland, MS 39157 Phone: 646-356-8101 OWNER: Name: Monroe County Board of County Commissioners Address: 500 Whitehead Street, Key West, FL 33040 Phone: 305-292-4464 Bond Amount: $ 1,527,842.76 Description of Work: Cudjoe Key Transfer Station New Storage Building Project Location: Monroe County, FL FRONT PAGE All other Bond page(s)are deemed subsequent to this page regardless of any page numbcr(s)that may be re-printed thereon. Doc.#2545467 Page Number: 2 of 10 Bond No. SURU2210012098 Document A312TM - 2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: SURETY: (Name,legal status and address) (Name,legal slalrts and principal place of business) Keystar, Inc. Ascot Surety&Casualty Company 5450 Macdonald Avenue, Suite 3 1020 Highland Colony Parkway, Suite 700 This document has Important legal Ridgeland, MS 39157 consequences.Consultation with Key West, FL 33040 Mailing Address for Notices an attorney is encouraged with respect to its completion or 1020 Highland Colony Parkway, Suite 700 modification. OWNER: Rdigeland, MS 39157 Any singular reference to (Maine,legal slants and address) Contractor,Surety,Owner or other party shall be considered Monroe County Board of County Commissioners plural where applicable. 500 Whitehead Street Key West, FL 33040 CONSTRUCTION CONTRACT Date: May 20, 2026 Amount:$ 1,527,842.76 One Million Five Hundred Twenty Seven Thousand Eight Hundred Forty Two Dollars and 76/100 Description: (Name and location)Cudjoe Key Transfer Station New Storage Building, Monroe County, FL BOND Date: May 29, 2026 (Not earlier than Construction Contract Date) Amount:S 1,527,842.76 One Million Five Hundred Twenty Seven Thousand Eight Hundred Forty Two Dollars and 76/100 Modifications to this Bond: ® None ❑ Sec Section 16 i5 t tl e CONTRACTOR AS PRINCIPAL SURETY • rL, cat t r fl;�f,A": Company: (Corporate Seal Company: (Corporate Seal T ;axe Keystar, Inc. Ascot Surety&Casua Comp S�'lai Silinnaht ' ! Signature: *,.,,r•' Name ' c , v' .tt t Name Ian Nipper and Title: '(. ` and Title Attorney-in-Fact&FL Resident Agent r . (Any additional signatures appear on the last page of this Pofonttance Bondi) (FOR INFO1LW 7YON ONLY—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: AC rl s u re (Architect,Engineer or other party.) 15050 NW 79th Court, #200 Miami Lakes, FL 33016 (305)722-2669 S-1852/AS 8110 Doc.#2545467 Page Number: 3 of 10 §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. §2If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except when applicable to participate in a conference as provided in Section 3. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default.Such notice shall indicate whether the Owner is requesting a conference among the O%vner,Contractor and Surety to discuss the Contractor's performance.If the Owner does not request a conference,the Surety may,within five(5)business days after receipt of the Owncrs notice,request such a conference.If the Surety timely requests a conference,the Owner shall attend.Unless the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten(10)business days of the Surety's receipt of the Owner's notice.If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Constriction Contract,but such an agreement shall not waive the Owners right,if any,subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. §4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent the Surety demonstrates actual prejudice. §5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions: §5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; §5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; §6.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Conlract,arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or §5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is determined,make payment to the Owner,or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. §6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond seven days alter receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner.If the Surety proceeds as provided in Section 5.4,and the Owner refuses the payment or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 8-1852/AS 8/10 Doc.#2545467 Page Number: 4 of 10 §7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract.Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for .1 the responsibilities of the Contractor for correction of defective work and completion of the.Construction Contract; .2 additional legal,design professional and delay costs resulting from the Contmcloes Default,and resulting from the actions or failure to act of the Surety under Section 5;and .3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor. §8Ifthe Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond. §9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs,executors,administrators,successors and assigns. §10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location in ivkich the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §12 Notice to the Surety,the O%%mcr or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. §13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any-provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §14 Deflnitlons §14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behal rof the Contractor under the Construction Contract. §14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents and changes made to the agreement and the Contract Documents. §14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. §14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §14.6 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. S-1852/AS 8/10 Doc.#2545467 Page Number: 5 of 10 §16 Modifications to this bond are as follows: (Space Is provided belmv for additional sigratra°es of added parries,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Coporate Seal) Signature: N/A Signature: N/A Name and Title: Name and Title: Address Address S4852/AS 8/10 Doc.#2545467 Page Number: 6 of 10 Bond No. SURU2210012098 Document A312 TM - 2010 Conforms with The American Institute of Architects AIA Document 312 Payment Bond CONTRACTOR: SURETY: (Mame,legal status and address) (Nacre,legal status and principal place of business) Keystar, Inc. Ascot Surety&Casualty Company 1020 Highland Colony Parkway,Suite 700 This document has important legal 5450 Macdonald Avenue, Suite 3 Ridgeland, MS 39157 consequences.Consultation with Key West, FL 33040 Mailing Address for Notices an attorney is encouraged with respect to its completion or 1020 Highland Colony Parkway, Suite 700 modlllcallbn. OWNER: Rdigeland, MS 39157 Any singular reference to (Movie,legal staters and address) Contractor,Surety,Owner or other party shall be considered Monroe County Board of County Commissioners plural where applicable. 500 Whitehead Street Key West, FL 33040 CONSTRUCTION CONTRACT Date: May 20, 2026 Amount:S 1,527,842.76 One Million Five Hundred Twenty Seven Thousand Eight Hundred Forty Two Dollars and 76/100 Description: (Nameandlocation) Cudjoe Key Transfer Station New Storage Building, Monroe County, FL BOND Date: May 29, 2026 (Xot earlier than Constnection Contract Date)MM Amount:S 1,527,842.76 Onc�76�18n Five Hundred Twenty Seven Thousand Eight Hundred Forty Two Dollars Modifications to this Bond: None ® See Section 18 F -4&CASO a�'e, CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) q''SEAL Keystar, Inc. Ascot Surety& Casualt gmpan c 2021 - Signatu Signature: .........., Name Name Ian Nipper and Title: i and Title: Attorney-in-Fact&FL Resident Agent (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFOKWATION ONLY—Maine,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Acrisure (Architect,Engineer or other party:) 15050 NW 79th Court, #200 Miami Lakes, FL 33016 (305)722-2669 S-2149/AS 8/10 Doc.#2545467 Page Number: 7 of 10 §i the Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference, subject to the following terns. §2 if the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds harmless the Owner from claims, demands,liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. §3 if there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13)of claims,demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance o f the Construction Contract and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety. §4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend,indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit. §6 The Surety's obligations to a Claimant under this Bond shall arise after the following: §6.1 Claimants,who do not have a direct contract with the Contractor, .1 have furnished a written notice ofnon-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety(at the address described in Section 13). §6.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in Section 13). §6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. §7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: §7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim,stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and §7.2 Pay or arrange for payment of any undisputed amounts. §7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement. If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. §8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided under Scction 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. §9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,if any,under any construction performance bond.By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond,subject to the Owners priority to use the funds for the completion of the work. S-2149/AS 8110 Doc.#2545467 Page Number: 8 of 10 §10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf of,Claimants or otherwise have any obligations to Claimants under this Bond. §11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract-is located or after the expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received. §14 When this Bond has been famished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. §16 Definitions §16.1 Claim.A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done,or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant'to which labor,materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor,materials or equipment furnished; .6 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant;and .8 the total amount due and unpaid to the Claimant for labor,materials or equipment famished as of the date of the Claim. §16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract.The term Claimant also includes any Individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.The intent of this Bond shall be to include without limitation in the terms"labor,materials or equipment'that part of water,gas,power,light,heat,oil,gasoline, telephone service or rental equipment used in the Construction Contract,architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors,and all other items for which a mechanic's lien may be asserted in tho jurisdiction where the labor,materials or equipment were famished. §16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents and all changes made to the agreement and the Contract Documents. 5-2149rAS 8110 Doc.#2545467 Page Number: 9 of 10 §16.4 Owner Default Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. §18 Modifications to this bond areas follows: The provisions and limitations of Section 255.05, Florida Statutes, including but not limited to the notice and time limitations in Sections 255.05(2) and 255.05(10), are incorporated in this bond by reference. (Space Is provided below for addi/ional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: N/A Signature: N/A Name and Title: Name and Title: Address Address S-2149/AS 8/10 Doc.#2545467 Page Number: 10 of 10 Ascot Surety&Casualty Company Ascot Insurance Company 1020 Highland Colony Parkway, Suite 700 Ridgeland,MS 39157 Power of Attorney KNOW ALL MEN BY THE PRESENTS: That Ascot Surety&Casualty Company and Ascot Insurance Company,each a corporation organized and existing under the laws of the State of Colorado(the"Companies"),do hereby constitute and appoint: Brett Rosenhaus,Charles Nielson,Charles Nielson,Jr.,Christian Collins, Dale Bellis, Davin Phillips,Donald Bramlage, Eduardo Menendez, Ian Nipper,Jarrett Merlucci,Jessica Reno,Joseph Nielson, Kevin Wojtowicz, Matthew Smith,Michael Megahan,Michael Moyer,Robert Benson, Robert Bond,Shawn Burton,Taylor Rosenhaus,and William Parker of Miami Lakes, FL (city,state)and each its true and lawful Attorney(s)-in-Fact,with full authority to sign,execute,seal,acknowledge and deliver for, and on its behalf,and as its act and deed any place within the United States,or,if the following line is filled in,only within the area and up to the amount therein designated, any and all bonds, undertakings, recognizances,and other contracts of indemnity or writings obligatory in the nature thereof, issued in the course of its surety business,and to bond the Companies as follows: Any such obligations in the United States not to exceed$100,000,000.00. The Companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority Resolutions adopted by the Board of Directors of the Companies,which resolutions are still in effect: RESOLVED,that any of the Chief Executive Office,the Chief Operating Officer or the Chief Underwriting Officer,acting in conjunction with the head of the surety business line for the Corporation(each an Authorized Individual"and,collectively,the Authorized Individuals"),are authorized to jointly appoint one or more attorneys-in-fact to represent and act for and on behalf of the Corporation in the transaction of the Corporation's surety business to execute(under the common seal of the Corporation if appropriate)bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof: RESOLVED,that in conjunction with the Corporation's transaction of surety business the signatures and attestations of the Authorized Individuals and the seal of the Corporation be affixed to any such Power of Attorney or to any certificate relating thereto(electronic or otherwise)by facsimile and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seals(electronic or otherwise)shall be valid and bonding upon the Corporation when so affixed with respect to any bond,undertaking,recognizance or tother contract of indemnity or writing obligatory in the nature thereof; RESOLVED,that in connection with the Corporation's transaction of surety business,the facsimile electronic or mechanically reproduced signature of any Authorized Individual,whether made heretofore or hereafter,whenever appearing upon a copy of any Power of Attorney of the Corporation,with signatures affixed as next above noted,shall be valid and binding upon the Corporation with the same force and effect as though manually affixed IN WITNESS WHEREOF,the Companies have caused these presents with the respective corporate seals and to be executed by the individuals named below who are duly authorized and empowered to execute the Power of Attorney on the Companies'behalf,this 13'h day of March 2025. ASCOT SURETY&CASUALTY COMPANY w_ <; ,r• ASCOT INSURANCE COMPANY sa: a o _r,: SEAL _�e SEAL rt a Matthew Conrad Kramer(Chief Executive Officer) ra North(Exe tive Vice President,Surety) STATE OF CONNECTICUT ) COUNTY OF FAIRFIELD )SS. On this 131h day of March 2025,before me came the above named Chief Executive Officer of each Ascot Surety&Casualty Company and Ascot Insurance Company and the head of the surety business line for each of Ascot Surety&Casualty Company and Ascot Insurance Company,to me personally known to be the individuals described herein,and acknowledged that the seals affixed to the preceding instrument and the corporate seals of each Ascot Surety& Casualty Company and Ascot Insurance Company,and that the said corporate seals and signatures were duly affixed and subscribed to said instrument by the authority and direction of said Companies KSENIA E.GUSEVA NOTARY PUBLIC l STATE OF CONNECTICUT Notary Public Ksenia E Guseva My Commission Expires June 30,2029 My commission expires on June 30,2029 I,the undersigned Secretary of the Company,do hereby certify that the foregoing excerpts of the Resolution adopted by the Board of Directors of the Companies,and the Power of Attorney issued pursuant thereto,are true and correct,and further certify that both the Resolution and the Power of Attorney are still in full force and effect. This Certificate may be signed by facsimile under and by the authority of the following resolution of the Board of Directors of the Companies. RESOLVED,that in connection with the Corporation's transaction of surety business the signatures and attestations of the Authorized Individuals and the seal of the Corporation be affixed to any such Power of Attorney or to any certificate relating thereto(electronic or otherwise)by facsimile and any such Power of Attorney of certificate bearing such facsimile signatures or facsimile seal(electronic or otherwise)shall be valid and binding upon the Corporation when so affixed with respect to any bond,undertaking,recognizances or other contract of indemnity or writing obligatory in the nature thereof; IN WITNESS WHEREOF; I have hereunto set my hand and affixed the seal of the Companies,this 29th day of May ,20 26 ASCOT SURETY&CASUALTY COMPANY ASCOT INSURANCE COMPANY 71 � f �f John GII,.Secretary All Claims Notices should be sent to Ascot Group, 1020 Highland Colony Parkway,Suite 700,Ridgeland,MS 39157: Attention Surety Claimssuretvclaims@ascgtnroup.com