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05/18/2005 Agreement DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: June 6,2005 TO: Timothy McGarry, Director Growth Management Division ATTN: FROM: Mayra Tezanos Executive Assistant Pamela G. Hanc&v Deputy Clerk LJ At the May 18, 2005, Board of County Commissioner's meeting the Board granted approval and authorized execution of a Contract between Monroe County and Coastal Gunite Construction Company and the State of Florida Department of Environmental Protection, Office of Greenways and Trails to perform construction services for the completion of bridge repairs and upgrades at Big Coppitt Key and Saddlebunch Keys on the Florida Keys Overseas Heritage Trail and approval of a request for the BOCC to waive contract policy that venue be in Monroe County. Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Attorney Finance File v DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: June 2, 2005 TO: Suzanne Hutton Assistant County Attorney Pamela G. Hanc~ Deputy Clerk r-:y FROM: At the May 18, 2005, Board of County Commissioner's meeting the Board granted approval and authorized execution of a Contract between Monroe County and Coastal Gunite Construction Company and the State of Florida Department of Environmental Protection, Office of Greenways and Trails to perform construction services for the completion of bridge repairs and upgrades at Big Coppitt Key and Saddlebunch Keys on the Florida Keys Overseas Heritage Trail and approval of a request for the BOCC to waive contract policy that venue be in Monroe County. Growth Management hand delivered the Contract to our office for final execution yesterday. I have compared the Contract to the agenda item and find the following: The agenda item did not include Attachment B - Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Federally Funded Transactions, and Attachment C _ Disclosure of Lobbying Activities that are now attached to the Contract. Also, Section 28 and Section 29, page 7 of the Contract list insurance that must be in effect prior to commencement of work. When the Contract was delivered there was no insurance attached, does this mean that Risk Management would wait for a Notice of Commencement prior to requiring the insurance? cc: Once you have reviewed the above information please advise me of your finding. Should you have any questions please do not hesitate to contact this office. fJ~'?tJ(~~~ .IJ~ ~~cvu ~1.(o ~ C!.-i- -(t; ~~ ~~11'4!tt4)~~:f ~ . ..~~.. IV ~jF, , ~~ ~~~ , ~ YRECEIVED ",1P J-O""'1 JUN 02 2005 (4 ~ ~~MONROEC~~RNEY ~u~~~~~ File DEP Contract No. DC595 CONTRACT THIS CONTRACT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, OFFICE OF GREENWAYS AND TRAILS, whose address is 3900 Commonwealth Boulevard, MS #795, Tallahassee, Florida 32399-3000 (hereinafter referred to as the "Department"), MONROE COUNTY, FLORIDA, c/o Momoe County Growth Management Division, 2798 Overseas Highway, Suite 410, Marathon, Florida 33050 (hereinafter referred to as the "County") and COASTAL GUNITE CONSTRUCTION COMPANY, a Maryland corporation, whose address is 16 Washington Street, Cambridge, Maryland 21613 (hereinafter referred to as the "Contractor"). In consideration of the mutual benefits to be derived here from, the Department, the County and Contractor do hereby agree as follows: 1. A. The Department and the County do hereby retain the Contractor to perform construction services for the proper execution and completion of the bridge repairs and upgrades at Big Coppitt Key at Florida Keys Overseas Heritage Trail specified herein, and the Contractor does hereby agree to perform such work upon the terms and conditions set forth in this Contract, A ttachment A, all attachments and exhibits named herein, Bid No. BD&C 38-04/05, all addenda and the completed bid form which are all incorporated by reference as part of this Contract. B. In the event of conflict in the provisions of said contract documents named above, the provisions of this Contract shall control over the General Conditions of the Contract for Construction AlA Document A-201, 1987 Edition, (hereinafter referred to as AlA Document A-201). 2. The Contractor shall perform the services in a proper and satisfactory manner as determined by the Department. Any and all equipment, products, labor and materials necessary to perform this Contract shall be supplied by the Contractor, unless otherwise specified herein. 3. The Contractor shall perform as an independent contractor and not as an agent, representative, or employee of the Department or the County. 4. A. As consideration for the services rendered by the Contractor under the terms of this Contract, the Department shall pay the Contractor on a lump sum basis as specified in Attachment A. All bills for amounts due under this Contract shall be submitted in detail sufficient for a proper pre-audit and post-audit thereot: No travel expenses shall be authorized under the terms of this Contract. B. As consideration for the services rendered by the Contractor under the terms of this Contract the County shall pay the Contractor on a lump sum basis as specified in Attachment A. Request for payment must be in a form satisfactory to the County Clerk. The request must describe in detail the services performed and the payment amount requested. The Consultant must submit request for payment and progress reports to the Project Manager, who reviews the request, shall note their approval on the request and forward it to the Clerk for payment. If request for payment is not approved, the Project Manager must inform the Consultant in a writing that must include an explanation of the deficiency that caused the disapproval of the request. When the County Clerk receives a request for payment, the County Clerk shall pay the request in the amount approved by the Project Manager pursuant to Chapter 218, Part VII, Florida Statutes, the Florida Prompt Payment Act. DEP Contract No. DC595 Page 1 of II C. Contractor acknowledges and agrees that the Department shall not be responsible for the County's portion of the contract sum as specified in Attachment A. Contractor shall hold hannless the Department against any liability, claims, judgments or cost of whatsoever kind and nature related to the County's portion of the contract sum as specified in Attachment A. 5. This Contract shall begin upon the effective date as established by the Notice to Proceed and end 12 months after fmal completion. During this 12 month period after final completion, the Contractor shall repair or replace any defective materials or workmanship free of charge to the Department and the County. Work shall not begin before the date established in the Notice to Proceed. In accordance with Section 287.058(2), Florida Statutes, the Contractor shall not be eligible forreimbursement for services rendered (such as labor for preparation and execution of the bid or travel necessitated by the bid process) prior to the execution date of this Contract. 6. THE STATE OF FLORIDA'S PERFORMANCE AND OBLIGATION TO PAY UNDER THIS CONTRACT IS CONTINGENT UPON AN ANNUAL APPROPRIATION BY THE LEGISLATURE. 7. MONROE COUNTY'S PERFORMANCE AND OBLIGATION TO PAY UNDER THIS CONTRACT IS CONTINGENT UPON AN ANNUAL APPROPRIATION BY THE COUNTY COMMISSION. 8. Pursuant to Section 215.422, Florida Statutes, the Department's Project Manager shall have five (5) working days, unless otherwise specified herein, to inspect and approve the services for payment. The Department must submit a request for payment to the State of Florida Department of Financial Services within twenty (20) days, and the State of Florida Department of Financial Services is given ten (10) days to issue a warrant. Days are calculated from the date the invoice is received or the date the services are received, inspected, and approved, whichever is later. Invoice payment requirements do not start until a proper and correct invoice has been received. Invoices which have to be returned to the Contractor for correction(s) will result in a delay in the payment. A vendor ombudsman has been established within the State of Florida Department of Banking and Finance who may be contacted if the Contractor is experiencing problems in obtaining timely payment(s) from a State of Florida agency. The vendor ombudsman may be contacted at (850)410-9724 or 1-800-848-3792. 9. In accordance with Section 215.422, Florida Statutes, the Department shall pay the Contractor interest at a r ate as established by Section 55.03(1), Florida Statutes, 0 n the unpaid balance if a warrant in payment of an invoice is not issued within forty (40) days after receipt of a correct invoice and receipt, inspection, and approval of the goods and services. Interest payments of less than $1 will not be enforced unless a contractor requests payment. The interest rate established pursuant to Section 55.03(1), Florida Statutes, may be obtained by calling the State of Florida Department of Financial Services, vendor ombudsman at the telephone number provided above or the Department's Procurement Section at (850)245-2361. 10. The Contractor shall indemnify, protect, defend, save and hold hannless the State of Florida, the Department and the County against any and all liability, claims, judgments or costs of whatsoever kind and nature for injury to, or death of any person or persons and for the loss or damage to any property resulting from the use, service, operation or performance of work under the t enns 0 f this Contract, resulting from the negligent acts of the Contractor, his subcontractor, or any of the employees, agents or representatives of the Contractor or subcontractor. 11. A. The Department may terminate this Contract at any time in the event of the failure of the Contractor to fulfill any of its obligations under this Contract. Prior to termination, the Department shall provide ten (10) calendar days written notice of its intent to terminate and shall provide the Contractor an opportunity to meet with the Department regarding the reason(s) for termination within thirty (30) days. If the meeting does not result in agreement or the Contractor fails to DEP Contract No. DC595 Page 2 of 11 request such meetings, the Contract will be considered terminated the day after the meeting was scheduled. B. The Department may terminate this Contract without cause and for its convenience by giving thirty (30) calendar days written notice to the Contractor. When notified of such termination, Contractor shall present all final invoices for all work performed on the project that is authorized by this Contract within thirty (30) days of receipt of such notice. Any invoice not timely or properly submitted shall not be paid. C. In the event of early termination by the Department, the County shall evaluate the degree of project completion which can be achieved through only the County's contractual responsibility for funding and the County's ability to provide the inspection services connnitted herein by the Department. Should County determine that continuation of this Contract between the two remaining parties is not in the best interests of the public, the County may, after providing the Contractor with ten (10) days proper written notice terminate its obligations under this Contract. When notified of such termination, Contractor shall present all [mal invoices for all work performed on the project that is authorized by this Contract within thirty (30) days of receipt of such notice. Any invoice not timely or properly submitted shall not be paid. In no event shall the County make payment for any work performed after the effective termination date. D. The County may terminate this Contract at any time in the event of the failure of the Department to fulfill any of its obligations under this Contract. Prior to termination, the County shall provide ten (10) calendar days written notice of its intent to terminate and shall provide the Department an opportunity to meet with the County regarding the reason(s) for termination within thirty (30) days after receiving notice of County's intent to terminate this Contract. If the meeting does not result in agreement or if the Department fails to request a meeting, this Contract will be considered terminated the day after this meeting was scheduled. When notified of such termination, Contractor shall present all final invoices for all work performed on the project that is authorized by this Contract within thirty (30) days of receipt of such notice. Any invoice not timely or properly submitted shall not be paid. In no event shall the County make payment for any work performed after the effective termination date. E. The Department or the County may terminate this Contract because of the failure of the other party to perform its obligations under this Contract. If the County terminates this Contract because of the Department's failure to perform, then the County must pay the Department the amount due for all work satisfactorily completed as determined by the County up to the date of the Department's failure to perform by minus any damages the County suffered as a result of the Department's failure to perform. The damage amount must be reduced by the amount saved by the County as a result of the Contract termination. When notified of such termination, Contractor shall present all final invoices for all work performed on the project that is authorized by this Contract within thirty (30) days of receipt of such notice. Any invoice not timely or properly submitted shall not be paid. In no event shall the County make payment for any work performed after the effective termination date. F. Notice shall be sufficient if delivered personally 0 r by certified mail to the address set forth in paragraph 12. 12. Any an all notices shall be hand delivered or sent by United States Postal Service (certified mail) to the parties at the following addresses: Contractor R.C. White Jr., President Coastal Gunite Construction Company 1001 3rd Ave. W, #320 Bradenton, Florida 34205 Department Michael Renard, Contract Manager State of Florida Department of Environmental Protection hand delivery to: DEP Contract No, DC595 Page 3 of 11 Alfred B. Maclay Gardens State Park 3540 Thomasville Road Thomasville Road, Building B-1 Tallahassee, Florida 32309 or by mail to: 3900 Commonwealth Boulevard MS# 520 Tallahassee, Florida 32399-3000 AND Randy Smith, Project Manager Office of Greenways and Trails State of Florida Department of Environmental Protection 3900 Commonwealth Boulevard MS#795 Tallahassee, Florida 32399-3000 AND Jose Papa, AICP Bicycle-Pedestrian Planning Coordinator Monroe County Planning Department 2798 Overseas Highway, Suite #410 Marathon, Florida 33050 AND Richard Collins, Esq. County Attorney, Monroe County P.O. Box 1026 Key West, Florida 33041 Any change in address shall be provided by the changing party within ten (10) days after the change. 13. This Contract may be unilaterally canceled by the Department for refusal by the Contractor to allow reasonable public access to all documents, papers, letters, or other material made or received by the Contractor in co~unction with this Contract, unless the records are exempt from Section 24(a) of Article I of the Florida Constitution and Section 119.07(1), Florida Statutes. 14. The Contractor shall maintain books, records and documents directly pertinent to performance under this Contract in accordance with generally accepted accounting principles, consistently applied. The Department, the State of Florida, the County, or their authorized representatives shall have access to such records for audit purposes during the term of this Contract and for five years following Contract completion or if there is a pending claim, dispute, or litigation, for three years following final detennination of such matter. In the event any work is subcontracted, the Contractor shall similarly require each subcontractor to maintain and allow access to such records for audit purposes for the same time period. 15. The Department's Project Manager is Randy Smith, or successor, telephone number (850) 245-2052. The Contractor's Project Manager is Curt White, or successor, telephone number (941) 744-5500. All matters shall be directed to the project managers for appropriate action or disposition. 16. A. The Contractor covenants that it presently as no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. B. No member, officer or employee of the Contractor or the locality during his tenure, or for two years thereafter, shall have any interest, direct or indirect, in this contract or the proceeds thereof. The Contractor shall be responsible for including this provision in all subcontracts issued as a result of this Contract. DEP Contract No. DC595 Page 4 of 11 17. This Contract has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Contract shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Contract shall be prohibited 0 r invalid under a pplicable law, such provision shall b e ineffective tot he extent 0 f such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions 0 f t his Contract. A ny action hereon 0 r in connection herewith shall be brought in Leon County, Florida. 18. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Contract shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 19. The Contractor recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Contract. 20. This Contract is neither intended nor shall it be construed to grant any rights, privileges or interest in any third party without the mutual written agreement of the parties hereto. 21. With regard to the Department: No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Contract. The Contractor also agrees to comply with the following non-discrimination requirements: A. Title VI of the Civil Rights Act of 1964 (42 USC SS 2000d et seq.) and the regulations of the Federal Department of Transportation issued hereunder, which prohibit discrimination on the grounds of race, color or national origin under programs or activities receiving Federal [mancial assistance; and, B. The Americans with Disabilities Act of 1990 (42 USC SS 12101 et seq.) prohibiting discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto, as well as public or private entities that provide transportation. With regard to the County: Contractor agrees that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Contract automatically terminates without any further action on the part of any party, effective the date of the court order. Contractor agrees to comply with all federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title V I 0 f the Civil Rights Action 0 f 1 964 (PL 88-352) which prohibits discrimination on the basis of race, color, or national origin; 2) Title IX of the Education Amendment of 1972 as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3)Section 504 of the Rehabilitation Act of 1973 as amended (20 U SC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912 ss. 523 and 527 (42 USC ss. 690dd-3 an 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et. Seq.) as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. VI prohibiting discrimination on the basis DEP Contract No. DC595 Page 5 of 11 of race, color, sex. Religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Contract. 22. The Contractor agrees to ensure that Disadvantaged Business Enterprises as defined in applicable federal and state regulations, have the opportunity to participate in the performance of this Contract. In this regard, the Contractor shall take all necessary and reasonable steps in accordance with applicable federal and state regulations, to ensure that the Disadvantaged Business Enterprises have the opportunity to compete for and perform subcontracts. 23. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract top rovide goods 0 r services to a public entity, may not submit a bid 0 n a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases ofreal property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The State of Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to. post the list on its website. Questions regarding the discriminatory vendor list may be directed to the State of Florida Department of Management Services, Office of Supplier Diversity at telephone number (850) 487-0915. 24. This Contract is an exclusive contract for services and may not be assigned in whole or in part without the prior written approval of the Department and the County. 25. A. The Contractor shall not subcontract, assign, or transfer any work under this Contract without the prior written consent of the Department's Contract Manager. The Contractor agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the Department and agrees to be responsible for the payment of all monies due under any subcontract. It is understood a nd a greed by the Contractor that the Department a nd the County shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Contractor shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Contract embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. The Department will be glad to furnish a list of minority owned businesses for consideration in subcontracting opportunities. 26. It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this Contract shall be purchased from the corporation identified under Chapter 946, Florida Statutes, if available, in the same manner and under the same procedures set forth in Section 946.515(2) and (4), Florida Statutes; and for purposes of this Contract the person, firm or other business entity carrying out the provisions of this Contract shall be deemed to be substituted for this agency insofar as dealings with such corporation are concerned. The "corporation identified" is Prison Rehabilitative Industries and Diversified Enterprises, Inc. (P.R.I.D.E.) which may be contacted at: P.R.I.D.E. 12425 28th Street North St. Petersburg, Florida 33716-1826 Telephone: 1-800-643-8459 Website: www.pridefl.com DEP Contract No. DC595 Page 6 of 11 27. It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this Contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in Section 413.036(1) and (2), Florida Statutes; and for purposes of this Contract the person, finn, or other business entity carrying out the provisions of this Contract shall be deemed to be substituted for the state agency insofar as dealing with such qualified nonprofit agency are concerned. The "nonprofit agency" identified is RESPECT of Florida which may be contacted at: RESPECT of Florida 2475 Apalachee Parkway, Suite 205 Tallahassee, Florida 32301-4946 (850) 487-1471 Website: www. respectofflorida. org 28. A. To the extent required by law, the Contractor will be self-insured against, or will secure and maintain during the life of this Contract, workers' compensation insurance for all of his employees connected with the work of this project and, in case any work is subcontracted, the Contractor shall require the subcontractor similarly to provide workers' compensation insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. Such self-insurance program or insurance coverage shall comply fully with the Florida workers' compensation law. In case any class of employees engaged in hazardous work under this Contract is not protected under workers' compensation statutes, the Contractor shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. B. Prior to the commencement of work governed by this Contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. C. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $500,000 Bodily Injury by Disease, each employee 29. A. The Contractor shall secure and maintain commercial general liability insurance including bodily injury, property damage, personal and advertising injury, and products and completed operations. This insurance will provide coverage for all claims that may arise from the services and/or operations completed under this Contract, whether such services and/or operations are by the Contractor or anyone directly or indirectly employed by the Contractor. Such insurance shall include a hold harmless provision in favor of the State of Florida, the Department, the Board of Trustees of the Internal Improvement Trust Fund and the County a nd a Iso include the State 0 f Florida, the Department, the Board of Trustees of the Internal Improvement Trust Fund and the County as additional named insureds for the entire tenn of this Contract. The minimum limits of liability shall be $1,000,000.00 for each occurrence and $2,000,000.00 in the aggregate. B. The Contractor shall secure and maintain commercial automobile liability insurance for all claims which may arise from the services and lor operations' under this Contract, whether such services and/or operations are by the Contractor or by anyone directly, or indirectly employed by him. The minimum limits of liability shall be as follows: $1,000,000.00 automobile liability combined single limit for company owned vehicles, if applicable $1,000,000.00 hired and non-owned liability coverage DEP Contract No. DC595 Page 7 of 11 C. The County shall be named as additional insured on all policies issued to satisfy insurance requirements . D. The Contractor shall secure and maintain, if applicable, during the life of this Contract a "Builders Risk Policy," All Risks Form issued on a completed value basis. Installation floaters and other inland marine forms may be utilized where applicable when they are in the best interest of the State of Florida. E. All insurance policies shall be insurers licensed or eligible to do business in the State of Florida. The Contractor's current certificate of insurance shall contain a provision that the insurance will not be cancelled for any reason except after thirty (30) days written notice to the Department's Contract Administrator, Bureau of General Services, Procurement Section, State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard, MS#93, Tallahassee, Florida 32399- 3000. 30. The Department may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Contract (e.g., specifications, time, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order which causes an increase or decrease in the Contractor's cost or time shall require a formal amendment to this Contract. 31. No member or delegate to the Congress of the United States shall be admitted to any share or part of the Contract or any benefit arising therefrom. 32. The employment of unauthorized aliens by the Contractor/vendor is considered a violation of 8 U.S.C. S 1324a. If the Contractor/vendor lmowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Contract. The Contractor shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Contract. 33. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. If the Contractor is placed on said list, after this Contract is executed, the Department may tenninate the Contract in accordance with Section 287.133, Florida Statutes, and paragraph 10 of this Contract. 34. A. If the Contractor brings to the performance of this Contract a pre-existing patent or copyright, the Contractor shall retain all rights and entitlements to that pre-existing patent or copyright. Otherwise, it is expressly agreed that the work performed under this Contract is a work for hire. B. If any discovery or invention arises or is developed in the course of, or as a result of, work or services performed under this Contract, 0 r in any way connected herewith, the Contractor shall refer the discovery or invention to the Department's Contract Manager for a detennination whether patent protection will be sought in the name 0 f t he State 0 f Florida. Any and all patent rights accruing under or in connection with the performance of this Contract are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Contractor shall notify the Department. Any and all copyrights accruing under or in connection with the performance under this Contract are hereby reserved to the State of Florida. All materials to which the Department is to have patent rights or copyrights shall be marked and dated by the Contractor in such a manner as to preserve and protect the legal rights of the Department. DEP Contract No, DC595 Page 8 of II C. Prior to the initiation of services under this Contract, the Contractor shall disclose, in writing, all intellectual properties relevant to the performance of this Contract which the Contractor knows or should know, could give rise to a patent or copyright. The Contractor shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under paragraph B above, have the right to all patents and copyrights which arise as a result of performance under this Contract. D. The terms and conditions specified in paragraphs A, B, and C above shall also apply to any subcontract made under this Contract. The Contractor shall be responsible for infonning the subcontractor of the provisions of this section and obtaining disclosures. 35. A. All rights and title to works for hire under this Contract, whether patentable or copyrightable or not, shall belong to the Department and shall be subject to the terms and conditions of this Contract. B. The computer programs, materials and other information furnished by the Department to the Contractor hereunder shall be and remain the sole and exclusive property of the Department, free from any claim or right of retention by or on behalf of the Contractor. The services and products listed in Attachment A shall become the property of the Department upon the Contractor's performance and delivery thereof. The Contractor hereby acknowledges that said computer programs, materials and other information provided by the Department to the Contractor hereunder, shall be and remain confidential and proprietary inn ature tot he extent provided by Chapter 119, Florida Statutes, and that the Contractor shall not disclose, publish or use same for any purpose other than the purposes provided in this Contract; provided, however, upon the Contractor first demonstrating to the Department's satisfaction that such information, in part or in whole, (1) was already known as the Contractor prior to its receipt from the Department; (2) became known to the Contractor from a source other than the Department; or (3) has been disclosed by the Department to third parties without restriction, the Contractor shall be free to use and disclose same without restriction. Upon completion of the Contractor's performance or otherwise cancellation or termination of this Contract, the Contractor shall surrender and deliver to the Department, freely and voluntarily, all of the above-described information remaining in the Contractor's possession. C. The Contractor warrants that all materials produced hereunder will be of original development by the Contractor and will be specifically developed for the fulfillment of this Contract and will not knowingly infringe upon or violate any patent, copyright, trade secret or other property right of any third party, and the Contractor shall indemnify, protect, defend, save and hold the Department hannless from and against any loss, cost, liability or expense arising out of any breach or claimed breach of this warranty. 36. The Contractor shall comply with all applicable federal, state and local rules and regulations in providing services to the Department under this Contract. The Contractor acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Contractor further agrees to include this provision in all subcontracts issued as a result of this Contract. 37. Time is of the essence in performance of each and every term or condition of this Contract. 38. The Contractor shall stop work and inunediately notify the Department's Project Manager when archaeological material (human remains, bones, pottery, arrowheads, building foundations, etc.) are found during construction. DEP Contract No. DC595 Page 9 of 11 39. A. In accordance with Executive Order 12549, Debarment and Suspension (43 CFR 12), the Contractor shall agree and certify that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily from participation in this transaction by any Federal department or agency; and that the Contractor shall not knowingly enter into anylower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction, unless authorized in writing to the Department. B. Upon execution of this Agreement by the Contractor, the Contractor shall complete, sign and return a copy of the form entitled "Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Federally Funded Transactions", attached hereto and made a part hereof as Attachment B. C. As required by paragraphs A and B above, the Contractor shall include the language of this section, and Attachment B in all subcontract or lower tier agreements executed to support the Contractor's work under this Contract. 40. The Contractor certifies that no federal appropriated funds have been paid or will be paid, on or after December 22, 1989, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding, renewal, amending or modifying of any Federal contract, grant, or cooperative agreement. If any non-Federal funds are used for lobbying activities as described above, the Contractor shall submit Attachment C, Standard Form-LLL, "Disclosure Form to Report Lobbying" (attached hereto and made a part hereof), and shall file quarterly updates of any material changes. The Contractor shall require the language of this certification to be included in all subcontracts, and all subcontractor shall certify and disclose accordingly. 41. The Contractor and all subcontractors shall comply with the Copeland "AntiKickback" Act 18 USC S 874. 42. This Contract represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Contract shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Contract, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Contract No. DC595 Page 10 of 11 IN WITNESS WHEREOF, the parties have caused this Contract to be duly executed, the day and year last written below. )?~ 41Z8j:,~ Ca.S~tL ( Qu;,k ~1<.,/i(lH c,. (Company Name) Date: ILler "3 ~ Atre.. t..LJ JJ:-S20 (Company Address) I B,aJ~ pi., S42.<JS- (City, State and Zip Code~ FEID No. S-Z-- 1~C)I-rfoJ Contractor's Remittance Address: fb ,hq/( ~?7 (Address) (c7::~~'ii ~.fd1!'J 'Z '''I 3 ORIDA DEPARTMENT OF NT AL PROTECTION REENW A YS AND TRAILS By: S cr ary or Designee for the State of Florida eg rtment of Environmental Protection 9 0 Commonwealth Boulevard all,],,,,,e, Florida 32399 ~ Title: It .>~,~ ~ u/-a--v- Date: 1!~1 /()~ / , MONROE COUNTY, FLORIDA By its Board ofC unty C);;.ssioners / ., By: A......~ 'U . * Title Date: II L."'~ Co D::~~SISTAN~f4~~?NEY *For contracts with governmental boards/commissions: If someone other than the Chairman signs this Contract, a resolution, statement or other document authorizing that person to sign the Contract on behalf of the Contractor must accompany the Contract. Scope of Work (5Pages) Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclu~ion-Lower Tier Federally Funded Transactions (2 Pages) Disclosure of Lobbying Activities (2 Pages) List of attachments/exhibits included as part of this Contract: Attachment Attachment A B Attachment C DEP Contract No. DC595 Page 11 of 11 ATTACHMENT A Scope of Work ARTICLE 1. THE WORK 1.1 The Contractor shall perform all the work required by the contract documents and provide for the proper execution and completion of the bridge repairs and upgrades at Big Coppitt Key at Florida Keys Overseas Heritage Trail. 1.2 All modifications pursuant to executed change orders processed as stipulated in the contract documents shall become part of the Contract. The original contract, the bid documents, all amendments thereto, and all change orders are hereinafter referred to as the "Contract." ARTICLE 2. THE CONSULTANT The Consultants for this project are Ayres Associates for design and The LPA Group, Incorporated for construction administration. ARTICLE 3. TIME OF COMMENCEMENT AND COMPLETION AND LIQUIDATED DAMAGES 3.1 The work to be performed under this Contract shall commence upon notification within ten (10) calendar days after the date of the Department's Notice to Proceed, at which time the Contractor shall mobilize on site and proceed with construction. The Contractor shall execute the work with diligence and dispatch so as to maintain such schedules and milestones as established by the progress schedules. The work shall be substantially completed within three hundred thirty (330) calendar days after the date 0 f the Notice to Proceed and shall be finally completed within thirty (30) calendar days after the date of substantial completion. 3.2 Liquidated Damages For Failure to Complete On Time Because failure to complete the project within the time fixed in Article 3.1 will result in substantial injury to the Department, a nd as damages a rising from su ch failure cannot b e calculated with any degree 0 f certainty, the Contractor agrees that if the project is not substantially completed, according to the definition of "Substantial Completion" as contained in the specification terminology, unless a later time, is agreed to by the parties in accordance with the Contract, the Contractor shall pay to the Department liquidated damages for such delay, and not as a penalty, five hundred dollars ($500.00) for each and every calendar day elapsing between the date fixed for substantial completion in Article 3.1 and the date such substantial completion shall have been accomplished. The Contractor also agrees that if this project is not finally completed, in accordance with the Contract the Contractor shall pay the Department as liquidated damages for such delay, and not as a penalty, one-half of the rate indicated above. Said liquidated damages, not to exceed twenty percent (20%) of the total cost of the project, shall be payable in addition to any excess expenses or costs payable by the Contractor to the Department under the provisions of Article 14 AlA Document A-201, and shall not exclude the recovery of damages by the Department under the Contract except for Contractor's delays. This provision for liquidated damages for delay shall not affect the Department's right to terminate the Contract. The Department's exercise of the right to terminate shall not release the Contractor from his obligation to pay said liquidated damages in the amount set out herein. The Contractor further agrees that the Department may deduct from the balance retained by the Department under the Contract the liquidated damages stipulated herein or in Article 3.3, or such portion thereof as the said retained balance will Cover. DEP Contract No, DC 595, Attachment A, Page 1 of 6 3.3 Liquidated Damages When Department Terminates Contract The Department is entitled to completion of the project within the time fixed in Article 3.1 hereof or within such further time, ifany, as may b e allowed in accordance with the Contract. In the event of termination of the Contract by the Department prior to completion as provided in Article 14.2 AlA Document A-20l or elsewhere in the Contract the Contractor shall be liable to the Department for the expenses for additional managerial and administrative services provided in said Article 14.2 and also for the per diem liquidated damages agreed upon in Article 3.2 hereof: (a) For each day he is arrears in his work at the time of said termination as determined by the Consultant; and (b) For each day of thirty (30) additional calendar days hereby stipulated and agreed to be the time it will require the Department to effect another Contract for completion of the project and for resumption of work thereon. Provided, however, that the sum as calculated under 3.3 (a) and (b), above, shall not exceed the number of days beyond the original agreed completion date, or any extension thereof as herein provided, reasonably required for completion of this project. ARTICLE 4. CONTRACT SUM The Department shall pay the Contractor for the performance of work, subject to additions and deduction by Change Order as provided in the contract documents, not to exceed the sum of $200,000.00, for construction repairs of the Rockland Channel Bridge. The County shall pay the Contractor for the performance of the work, subject to additions and deduction by Change Order as provided in the contract documents, the sum of $428,045.00 for the remainder construction repairs as bid The Contract Sum is comprised of the base bid and alternate number one (1) from bid number BD&C 38- 04/05 for a total of$628,045.00. ARTICLE 5. PAYMENTS TO CONTRACTOR 5.1 Indemnification Rider In addition to the Contract sum, the Department shall pay the Contractor ten dollars ($10.00) for the Indemnification Rider prescribed in Section E-3 of the contract documents. Application for this payment shall be submitted to the Department by the Contractor simultaneously with the Contractor's execution and delivery of the Contract to the Department. Within forty-five (45) calendar days from the Department's receipt of said Application, the Department shall payor cause to be paid to the Contractor said amount. 5.2 Progress PaYments Against Contract Sum Based upon Application for Payment su bmitted tot he Consultant b y the Contractor and Certificate 0 f Payment issued by the Consultant and accepted by the Department, the Department shall make progress payments to the Contractor in accordance with the following: 5.2.1 Upon receipt, review, and approval of the work, supporting documentation and the Certificate of Payment the Department shall process partial payments up to ninety percent (90%) of that portion of the Contract Sum properly allocable to labor, materials, and subcontractors, less the aggregate of previous payments. The Department shall have 30 days for inspection and approval of the work, and to receive supporting documentation, after receipt of the Certificate of Payment. DEP Contract No, DC 595, Attachment A, Page 2 of 6 (a) Upon receipt of payment from the Department the Contractor shall promptly pay each subcontractor the amount to which said subcontractor is then entitled, less the percentage actually retained, by the Department for such work, if any, from payments to the Contractor. (b) The Consultant or his agent may, upon request, at his or her discretion, furnish to a subcontractor, if practicable, information regarding the percentage the Contractor requested and the percentage allocated to the subcontractor by the Consultant (c) Neither the Department nor the Consultant shall have any obligation to payor see to the payment of any monies to any subcontractor except as may otherwise be required by law. (d) No Certificate for Payment, whether partial or [mal, shall constitute an acceptance of any work not performed in accordance with the Contract. 5.3 Payments Withheld From Contract Sum The Consultant may decline to certify payment or, because of subsequently discovered evidence or subsequent observations, he may nullify the whole or any part of any Certificate for Payment previously issued, to such extent as may be necessary, in his/her opinion, to protect the Department from loss resulting from: (a) Defective work not remedied; (b) Third party claims filed or reasonable evidence indicating probable filing of such claims; ( c) Reasonable proof of failure of the Contractor to make payments properly to subcontractors or for labor, materials or equipment; (d) Reasonable evidence that the work cannot be completed for the unpaid balance of the Contract Sum; ( e) Damage to the Department or another Contractor. (f) Reasonable evidence that the work will not be completed within the time allowed in Article 3.1; or (g) Persistent failure to carry out the work in accordance with the Contract When t he grounds for which payment was withheld are remedied by t he Contractor payment shall be made for such amount ARTICLE 6. FINAL PAYMENT AGAINST CONTRACT SUM The Department shall process payment for the entire unpaid balance of the Contract sum, less the amount of any sums with continue to be retained to satisfy the cost of performing any change in the work which is the subject of any claim or dispute and which has not yet been satisfactorily performed by the Contractor, provided that the parties have not otherwise stipulated in the Certificate of Substantial Completion, and provided further that the work has been satisfactorily completed, the Contractor's obligations under the Contract have been fully performed, the Contractor's lien waiver furnished and a [mal Certificate for Payment has been issued by the Consultant ARTICLE 7. MISCELLANEOUS PROVISIONS 7.1 Terms used in the Contract which are defined in the bid specifications shall have the meaning designated therein. DEP Contract No. DC 595, Attachment A, Page 3 of 6 7.2 Harmony The Contractor is advised and hereby agrees to exert every reasonable and diligent effort to assure that all labor employed by the Contractor and its subcontractors for work on the project shall work in harmony with and be compatible with all other labor being used by building and construction contractors now or hereafter on the site of the project. The Contractor further agrees that this provision will be included in all subcontracts of the Contractor. Provided, however, that this provision shall not be interpreted or enforced so as to deny or abridge, on account or membership or nonmembership in any labor union or labor organization, the right of any person to work as guaranteed by Article 1. Section 6 of the Florida Constitution. 7.3 Apprentices If the Contractor employs apprentices on the project, the behavior of the Contractor and the Department shall be governed by the provisions of Chapter 446, Florida Statutes, and by all applicable standards and policies governing apprentice programs and agreements established by the Division of Workforce Development of the State of Florida Department of Education. The Contractor shall include a provision similar to the foregoing sentence in each subcontract. 7.4 Contractor Re{lresentative The Contractor represents and warrants that the information provided by the Contractor on Department's Form DBC 5085 "Experience Questionnaire and Contractor's Financial Statement," which was submitted by the Contractor to qualify for award of this Contract, and is hereby made a part of the Contract by reference, is true, accurate and correct. The Contractor understands and agrees that materially inaccurate information may result in immediate termination of this Contract at the Department's option. 7.5 Contractor's Work Force The Contractor agrees to perform no less than fifteen percent (15%) of the project construction work utilizing his own employees. The percentage shall be calculated on the basis of the cost of materials and labor utilized by the prime Contractor's own forces to the original Contract Sum, and may exceed 15%. 7.6 Contractor's Supervision ofProiect The Contractor shall provide, as a minimum, field (on site) supervision (through a named superintendent) of each of the general, concrete fonning and placement, masonry, mechanical, plumbing, electrical and roofmg trades, either through the use of his employees, or in the instance of mechanical, plumbing and electrical trades through the use of employees of the subcontractor as shown in the Contractor's response to Bid No. BD&C 38-04/05 and the "Experience Questionnaire and Contractor's Financial Statement". The Contractor shall not change or deviate from these principal and supervisory personnel without the written consent of the Department. ARTICLE 8. CLAIMS AND DISPUTES 8.1 Arbitration Provisions Deleted The provisions for Arbitration conditions in AlA Document A-201, are hereby eliminated. The purpose of deleting these provisions is to exclude in their entirety each portion of the cited provisions which relate to the arbitration of claims, so that the administrative remedy provided in Article 8.3 of this Contract shall be exclusive, in lieu of arbitration proceedings. 8.2 Delavs: Changes In the Work Article 8.3.4 of the AlA Document A201, General Conditions, is deleted and Contractor's remedies for delays in the progress of the work, or for changes in the work, shall be limited to those provided in this Article. The Contractor's exclusive remedy for delays in performance of the Contract caused by events DEP Contract No. DC 595, Attachment A, Page 4 of 6 beyond its control shall be a claim for equitable adjustment in the Contract period provided, however, inasmuch as the parties expressly agree that overhead costs incurred by the Contractor for delays in performing the work cannot be determined with any degree of certainty, it is hereby agreed that in the event the Contractor is delayed in the progress if the work after the Notice to Proceed to Mobilize of Site and to Proceed With Construction for causes beyond its control and attributable only to acts or omissions of Department, the Contractor shall be entitled to compensation for overhead and profit costs either (a) as a fixed percentage of the actual cost of the change in the work, if the delay results from a change in the work, as calculated in Section D, Contractual Conditions in the bid specifications or (b) if the delay results from other than a change in the work, at an amount for each day of delay calculated by dividing an amount equal to five percent (5%) of the original Contract Sum by the number of calendar days of the original Contract period. In the event of a change in the work, Contractor's claim for adjustment in Contract Sum are limited exclusively to its actual costs for such changes plus fixed percentages for overhead, additional profit and bond costs, as specified in Section D, Contractual Conditions of the bid specifications. No provision of this Contract shall be construed as a waiver of sovereign immunity by the Department. No provision of the contract documents makes or is intended to make provisions for recovery by Contractor of damages for delay or for breach of this Contract. All claims, disputes or controversies under this Contract shall be determined and settled provided in Article 8.3 of this Contract. No claim for breach of this Contract shall be submitted, determined, or settled under Article 8.3 of this Contract. 8.3 Exclusive Claims Provision Under the term of this Contract, the Contractor shall not have any right to compensation other than, or in addition to, that provided by this Contract to satisfy any claim for costs, liabilities or debts of any kind whatever resulting from any act or omission attributable to the Department unless the Contractor has provided notice as required by Article 4.3.3 of the AlA Document A-210 and unless the claim is delivered to the Department. All such claims shall be set forth in a petition stating: 1. Name and business address of the claimant; 2. A concise statement of the ultimate facts, including the statement of all disputed issues of material fact, upon which the claim is based; 3. A concise statement of the provisions of the Contract together with any Federal, State and local laws, ordinances or code requirements or customary practices and usage's in the industry asserted to be applicable to the questions presented by the claim and a demand for the specific relief believed to be due the claimant; and 4. The date of the occurrence of the event giving rise to the claim and the date and manner of Contractor's compliance with the notice requirements of Article 4.3.3 of the AlA Document A- 201. Within thirty (30) days from the date any such claim is received, the Department shall deliver to the Contractor its written determination of the claim. Unless the Department's determination is agreed to by the Contractor and a contract amendment or settlement agreement adopting the determination is entered into within thirty (30) days of receipt of the Department's deterinination, the Secretary of the Department of Environmental Protection shall make the [mal decision, which may be challenged as provided by Florida law. The Contractor shall carryon the work and maintain the progress schedule during any administrative proceedings unless otherwise agreed by the Contractor and the Department in writing. DEP Contract No. DC 595, Attachment A, Page 5 of 6 8.4 Interest Provision Deleted Article 13.6.1, AlA Document A-201 relating to interest, is deleted. Any monies not paid when due to either party under this Contract shall not bear interest except as may be required by Section 215.422(3)(b), Florida Statutes. 8.5 Contractor Insolvency and Neglect Should the Contractor become insolvent, or at any time refuse or neglect to supply a sufficient number of properly skilled workers, or equipment and materials of the proper quality, or fail in any respect to prosecute the work with promptness and diligence, the Department shall be at liberty, after forty-eight (48) hours written notice to the Contractor, to provide any such labor, equipment, and materials and deduct the cost thereof, from any money then due or thereafter to become due to the Contractor, under this Contract. If such refusal, neglect, or failure is sufficient grounds for such action, the Department shall also be at liberty to terminate the employment of the Contractor. Consequently, the Department may enter upon the premises to take possession, for the purpose of completing the work included under this Contract, of all materials, tools and appliances thereon and to employ any other person or persons to fInish the work and provide the materials therefor. In case of such discontinuance of the employment, the Contractor shall not be entitled to receive any further payment under this Contract until the said work shall be wholly fInished. If the unpaid balance of the amount to be paid under this Contract shall exceed the expense incurred by the Department in fInishing the work, such excess shall be paid by the Department to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the Department. The expense incurred by the Department, as herein provided, either for furnishing materials of fInishing the work, and any damage incurred through such default, shall be chargeable to the Contractor. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Contract No. DC 595, Attachment A, Page 6 of 6 Attachment B CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER FEDERALLY FUNDED TRANSACTIONS Required for all contractors and subcontractors under 1. The undersigned hereby certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. The undersigned also certifies that it and its principals: (a) Have not within a three-year period preceding this response been convicted of or had a criminal offense in connection with obtaining, attempting to obtain, or, perfonning a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (b) Are not presently indicted by or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 2.(a) of this Certification; and (c) Have not within a three-year period preceding this certification had one or more public transactions (Federal, State or local) tenninated for cause or default. 3. Where the undersigned is unable to certify to any of the statements in this certification, an explanation shall be attached to this certification. Dated,this 2 g Ii- day of ' ,2005. ..c: By Type ltle ~~.J-d ~(/,,:/e- ~IIS<V",~ G, , Contractor's Firm Name I~( 3~ ATJe- W Street Address ~"ZO Building, Suite Number . tSr~ 4 Pt-- K/.-"UJ~ City/~tate/Zip Code 1 # - 74-1- - S-S-oO Area Code/Telephone Number DEP FORM 11-043 Rev(05/95) DEP Contract DC595, Attachment B, Page 1 of2 INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, . INELIGIBILITY, AND VOLUNTARY EXCLUSION-LOWER TIER FEDERALLY FUNDED TRANSACTIONS 1. By signing and submitting this form, the certifying party is providing the certification set below. 2. The certification in this clause us a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the certifying party knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Environmental Protection (DEP) or agencies with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The certifying party shall provide immediate written notice to the person to which this contract is Submitted if at any time the certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, Participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions of Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this contract is submitted for assistance in obtaining a copy of those regulations. 5. The certifying party agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not knowingly enter into lower tier contract, or other covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DEP or agency with this transaction originated. 6. The certifying party further agrees by executing this contract that it will include this clause entitled "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion-Lower Tier covered Transactions and in all solicitations for lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principles. Each participant may, but is not required to, check the Nonprocurement List (Telephone No. (202) 501-4740 or (202) 501-4873). 8. Nothing contained in the foregoing shall be construed to require establishment if a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DEP or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. DEP FORM 11-043 (12/94) DEP Contract DC595, Attachment B, Page 2 of 2 ATTACHMENT C DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.c. 1352 1. Type of Federal Action: ~ 2. Status of Federal Action ~ 3. Report Type: ~ a, contract b, grant c. cooperative agreement d, loan e. loan guarantee f. loan insurance a, bid/ offer/application b. initial award c. post-award 4. Name and Address of Reporting Entity: [a1>rime D Subawardee Tier ,ifknown: (~( 6cJft~.k.Gr.I\~~(Q. 1M!)( 1 ~ ~ t..AJ J .IJ: C-z.D 13t'~~ pc..... ~cl-U\ Congressional District, ij\,:own: 6. Federal Department! Agency: 8, Federal Action Number, if known: 10, a, Name and Address of Lobbying Entity (if individual, last name, first name, MJ): N.!A- a. initial filing b. material change For Material Change Only: year_quarter_ date of last report 5, If Reporting Entity in No.4 is Subawardee, Enter Name and Address of Prime: Congressional District, if known: 7, Federal Program Name/Description: CFDA Number, if applicable: 9. Award Amount, ifknown: $ "Z& 0 t/. 5 b. Individuals Performing Services (including address if different from No.lOa) (last name, first name, MI): II, Information requested through this form is authorized by Title 31 UOS.C. section 1352, This dis,closure oflobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transactio was made or entered into, This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for eac failure. Federal Use Only: Form DEP 55-221 (01101) Authorized for Local Reproduction Standard Form-LLL (Rev 7-97) DEP Agreement No.DC595 , Attachment C, Page I of 2 , . INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether sub awardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.c. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of covered Federal action 3. Identify the appropriate classification of this report. If this is a follow up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred, Enter the date of the last previously submitted report by the reporting entity for this covered Federal action. 4, Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, ifknown. Check the appropriate classification of the reporting entity that designates ifit is or expects to be, a prime or sub award recipient. Identify the tier of the sub awardee, e,g., the first sub awardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Sub awardee", then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, ifknown. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, ifknown. For example, Department of Transportation, United States Coast Guard. 7. Enter the name of the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation to Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g" "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual( s) performing services, and include full address if different from 10 (a). Enter the Last Name, First Name, and Middle Initial (MI). n. The certifying official shall sign and date the form, print hislher name, title and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No, 0348-0046. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time fOT reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information, Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington D.C. 20503. FormDEP 55-221 (01/01) DEP Agreement No,535 , Attachment C , Page 2 of 2 THE AMERICAN INSTITUTE OF ARCHITECTS . BOND NUMBER 14BCSDG8835 AlA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): COASTAL GUNITE CONSTRUCTION COMPANY 16 WASHINGTON STREET CAMBRIDGE, MD 21613 SURETY (Name and Principal Place of Business): HARTFORD ACCIDENT AND INDEMNITY COMPANY HARTFORD PLAZA HARTFORD, CT 06115 OWNER (Name and Address): STATE OF FLORIDA AND DEPARTMENT OF ENVIRONMENTAL PROTECTIO~ OFFICE OF GREENWAYS AND TRAILS 3900 COMMONWEALTH BOULEVARD, MS #795 TALLAHASSEE, FL 32399-3000 CONSTRUCTION CONTRACT Date: MAY 3,2005 Amount: SIX HUNDRED TWENTY EIGHT THOUSAND FORTY FIVE AND 00/100 DOLLARS ($628,045.00) Description (Name and location): DEP CONTRACT NO. DC595 BRIDGE REPAIRS AND UPGRADES AT BIG COPPITT KEY AT FLORIDA KEYS OVERSEAS HERITAGE TRAIL BOND Date (Not earlier than Construction Contract Date) : MAY 3, 2005 Amount: SIX HUNDRED TWENTY EIGHT THOUSAND FORTY FIVE AND 00/100 DOLLARS ($628,045.00) Modifications to this Bond: 0 None 1ZI See Page 3 CONTRACTOR AS PRINCI PAL COASTAL GUNITE Company: CONST TI COMPANY (Corporate Seal) -, Signature: Name and Title: MONROE COUNTY, FLORIDA C/O MONROE COUNTY GROWTH MANAGEMENT DIVISION 2798 OVERSEAS HIGHWAY, SUITE 410 MARATHON, FL 33050 SURETY HARTFORD ACCIDENT AND INDEMNITY COMPANY Company: (Corporate Seal) Signat~~ Name and Title: MARNI G. CANNATA, ATTORNEY-IN-FACT (FOR INFORMATION ONL Y-Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or TAYLOR JOHNSON GROUP other party): 1081 19TH STREET, SUITE 300 VIRGINIA BEACH, VA 23451 (757) 468-6100 AlA DOCUMENT .\312 . PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. . AlA ~ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NoW., WASHINGTON, D.C. 20006 THIRD PRINTING. MARCH 1987 Contract 372 (12.87) A312.1984 1 1 The Contractor and the 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. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason- able time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- dance with the terms of the contract with the Owner. 4 When the Owner has satisiied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construc- tion Contract itself, through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Con. struction Contract, arrange for a contract to be pre- pared for execution by the Owner and the 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 Paragraph 6 in ex- cess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 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 BOND NUMBER 14BCSDG8835 which it may be liable to the Owner and, as soon as practicable after the amount is deter- mined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after 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 Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liabiHty, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, 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. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Sure- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual dam. ages caused by delayed performance or non-perfor- mance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after 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 oc- curs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail- AlA DOCUMENT 4312 . PERFORMANCE BOND AND PAYMENT BOND' DECEMBER 1964 ED. . AlA <8 THE AMERICAN INSTITUTE OF ARCHITECTS. 173S NEW YORK AVE.. N,W.. WASHINGTON. D.C. 20006 THIRD PRINTING. MARCH 1987 A312-1984 2 able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig- nature page. 11 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 con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 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 Con- BOND NUMBER 14BCSDG8835 tractor 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, reo duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: The Surety shall not be liable under this bond to the Obligees, or either of them, unless the said Obligees or either of them, shall make payments to the Principal or to the Surety, in case it arranges for the completion of the contract upon default of the Principal, strictly in accordance with the terms of said contract as to payments, and shall perform all the other obligations to be performed under said contract at the time and in the manner therein set forth. In no event shall the Surety be liable in the aggregate to both Obligees for more than the penalty of its Performance Bond, nor shall it be liable except for a single payment for each single breach or default. At the Surety's election, any payment due to either Obligee may be made by its check issued jointly to both. CONTRACTOR AS PRINCIPAL Company: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) COUNTERSIGNED BY FLORIDA RESIDENT AGENT: SURETY HARTFORD ACCIDENT AND INDEMNITY COMPANY Company: (Corpor Seal) (Corporate Sea/) Signature: Name and Title: Address: Signature: Name and . DW Address: 2616 HOLL BRANCH COURT APOPKA, FL 32712-2591 AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. . AlA @ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE" N,W., WASHINGTON, D.C. 20006 THIRD PRINTING. MARCH 1987 A312-1984 3 THE AMERICAN INSTITUTE OF ARCHITECTS . BOND NUMBER 14BCSDG8835 AlA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): COASTAL GUNITE CONSTRUCTION COMPANY 16 WASHINGTON STREET CAMBRIDGE, MD 21613 SURETY (Name and Principal Place of Business): HARTFORD ACCIDENT AND INDEMNITY COMPANY HARTFORD PLAZA HARTFORD, CT 06115 <g~~l~F(tt.~7N6.fnd Address): AND MONROE COUNTY, FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTIO~ C/O MONROE COUNTY GROWTH MANAGEMENT DIVISION OFFICE OF GREENWAYS AND TRAILS 2798 OVERSEAS HIGHWAY, SUITE 410 3900 COMMONWEALTH BOULEVARD, MS #795 MARATHON, FL 33050 TALLAHASSEE, FL 32399-3000 CONSTRUCTION CONTRACT Date: MAY 3,2005 Amount: SIX HUNDRED TWENTY EIGHT THOUSAND FORTY FIVE AND 00/100 DOLLARS ($628,045.00) Description (Name and Location): DEP CONTRACT NO. DC595, BRIDGE REPAIRS AND UPGRADES AT BIG COPPITT KEY AT FLORIDA KEYS OVERSEAS HERITAGE TRAIL BOND Date (Not earlier than Construction Contract Date): MAY 3, 2005 Amount: SIX HUNDRED TWENTY EIGHT THOUSAND FORTY FIVE AND 00/100 DOLLARS ($628,045.00) Modifications to this Bond: 0 None rn See Page 6 Signature: Name and Title: p~CU j (Any additional signatures SURETY HARTFORD ACCIDENT AND INDEMNITY COMPANY Company' _ ~ Signa~ ~ Name and Title: MARNI G. CANNATA, ATTORNEY-iN-FACT -. CONTRACTOR AS PRINCIPAL COASTAL GUNITE Company: CONSTR ION COMPANY (Corporate Seal) (FOR INFORMATION ONL V-Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or TAYLOR JOHNSON GROUP other party): 1081 19TH STREET, SUITE 300 VIRGINIA BEACH, VA 23451 (757) 468-6100 AlA DOCUMENT A312 . PERFORMANCE BONO AND PAYMENT BOND' DECEMBER 1984 ED. . AlA i!!l THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312.1984 4 THIRD PRINTING. MARCH 1987 Contract 373 (12-87) 1 The Contractor and the 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 perfor- mance of the Construction Contract, which is incorpo- rated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment fur- nished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due, 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Con- tractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is suffi- cient compliance. BOND NUMBER 14BCSDG8835 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Payor arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfor- mance 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 the Surety under this Bond, subject to the Owner's prior- ity to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelat- ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- ant under this Bond, and shall have under this Bond no obi i- gations to make payments to. give notices on behalf of. or otherwise have obligations to Claimants under this Bond. 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 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris- diction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last mate- rials or equipment were fumished by anyone under the Con- struction 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. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incc.rporated herein. The intent is that this AlA DOCUMENT A312' PERFORMANCE BOND AND PAYMENT BOND' DECEMBER 1984 ED. AlA"' THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, DC 20006 THIRD PRINTING. MARCH 1987 A312.1984 5 Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equip- ment for use in the performance of the Contract. The intent of this Bond shall be to include without limita- tion 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 BOND NUMBER 14BCSDG8835 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 the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: The Surety shall not be liable under this bond to the Obligees, or either of them, unless the said Obligees or either of them, shall make payments to the Principal or to the Surety, in case it arranges for the completion of the contract upon default of the Principal, strictly in accordance with the terms of said contract as to payments, and shall perform all the other obligations to be performed under said contract at the time and in the manner therein set forth. In no event shall the Surety be liable in the aggregate to both Obligees for more than the penalty of its Performance Bond, nor shall it be liable except for a single payment for each single breach or default. At the Surety's election, any payment due to either Obligee may be made by its check issued jointly to both. CONTRACTOR AS PRINCIPAL Company: (Space is provided below for additional signatures of added parties. other than those appearing on the cover page.) COUNTERSIGNED BY FLORIDA RESIDENT AGENT: SURETY HARTFORD ACCIDENT AND INDEM ITY COMPANY Company: (Corp ale ~eal) (Corporate Seal) Signature: Name and Title: Address: Signature Name and Address: AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND' DECEMBER 1964 ED. . AlA (;j) THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE" NW.. WASHINGTON. D,C, 2000b THIRD PRINTING' MARCH 1987 A312.1984 6 POWER OF ATTORNEY Direct Inquiries/Claims to: THE HARTFORD BOND, T-4 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860.757.5835 Agency Code: 14-731740 KNOW ALL PERSONS BY THESE PRESENTS THAT: m Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut m Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana m Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut o Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut D Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana o Hartford Insurance Company of illinois, a corporation duly organized under the laws of the State oflllinois o Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana o Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint. up to the amount of unlimited: Robelt C. Buckalew, W. Taylor Johnson, Jr., Michael Lewis, Brad S. Moses, Jill Snead Age, Nancy E. Drake, Mami G, Cannata, Brenda G. Launder of Virginia Beach, VA Edward J. Buckalew of Orlando, FL their true and lawful Attorney(s}-in-Fact. each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by 181. and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12, 2000 or July 21, 2003, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney, . ;;2~ Christopher L, Dupr~:::nt Secretary STATE OF CONNECTICUT} ss. Hartford COUNTY OF HARTFORD On this 10th day of March. 2004, before me personally came David 1. Akers, to me known, who being by me duly sworn, did depose and say: that (s)he resides in the County of Hampden, Commonwealth of Massachusetts; that (s}he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that (s}he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that (s}he ';90ed h;,'he, ",me lhe,elo by Uke ""Ihomy. ^', .C2f) I /~ ,t::^-. ~ ?Wa.- David T. Akers, Assistant Vice President Scott E. Pasek. Notary Public CERTIFICATE My Commission Expires Octobe.. 31. 2007 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of MAY 3. 2005. Signed and sealed at the City of Hartford. JI1 Insured's Name COASTAL GUNITE CONSTRUCTION COMPANY Insured's Mailing Address 16 WASHINGTON STREET CAMBRIDGE, MD 21613 Policy Number BOND NUMBER 14BCSDG8835 IMPORTANT NOTICE TO OBLIGEES/POLICYHOLDERS - TERRORISM RISK INSURANCE ACT OF 2002 You are hereby notified that, under the Terrorism Risk Insurance Act of 2002, effective November 26, 2002, we must make terrorism coverage available in your bond/policy. However, the actual coverage provided by your bond/policy for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, limits, other provisions of your bond/policy, any endorsements to the bond/policy and generally applicable rules of law. Any terrorism coverage provided by this bond/policy is partially reinsured by the United States of America under a formula established by Federal Law. Under this formula, the United States will pay 90% of covered terrorism losses exceeding a statutorily-established deductible paid by sureties/insurers until such time as insured losses under the program reach $100 billion. If that occurs, Congress will determine the procedures for, and the source of, any payments for losses in excess of $100 billion. The premium charge that has been established for terrorism coverage under this bond/policy is either shown on this form or elsewhere in the bond/policy. If there is no premium shown for terrorism on this form or elsewhere in the bond/policy, there is no premium for the coverage. I Terrorism premium: I $0 Form 8-3333-0 Page 1 of 1 @ 2002, The Hartford l ' THE X HARTFORD Hartford Fire Insurance Company Hartford Casualty Insurance Company Hartford Accident and Indemnity Company Hartford Underwriters Insurance Company Twin City Insurance Company Hartford Insurance Company of lllinois Hartford insurance Company of the Midwest Hartford Insurance Company of the Southeast Please address inquiries regarding claims for all surety and fidelity products issued by The Hartford's underwriting companies to the following: Phone Number Fax - Underwriting : Fax - Claims E-mail Mailing Address 888~266-3488 860-547-6672 860-547-8265 or 2092 claims@lstepsurety.com The Hartford The Hartford Fidelity & Bonding (BOND) Hartford Plaza 690 Asylum Avenue Hartford. CT 06115 j}&'JRD_ CERTIFICATE OF LIABILITY INSURANCE OP ID 6~ DATE (MM/DD/YYVY) COAST-6 OS/27/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Taylor Johnson Group HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1081 19th Street, Suite 300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Virginia Beach VA 23451 Phone: 757-468-6100 Fax:757-468-9917 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Scottsdale Insurance Company INSURER B: National Union Fire Insurance Coastal Gunite Construction INSURER c: St. Paul Fire & Marine Co. P.O. Box 977 INSURER D: Continental Casualty Company Cambridge MD 21613-0788 INSURER E: Sianal Mutual Assurance Co. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR~ TYPE OF INSURANCE POLICY NUMBER ~<i';l~1J'~rJ~tWIE P8k~1r(~WtbRDA~~N LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 I-- A X ~ COMMERCIAL GENERAL LIABILITY BCS0010135 04/16/05 04/16/06 UAMA{;il: I U Kl:N Il:U $ 100,000 =:J CLAIMS MADE ~ OCCUR PREMISES (Ea occurence) I------ MED EXP (Anyone person) $ None PERSONAL & ADV INJURY $ 1,000,000 - GENERAL AGGREGATE $ 2,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 I POLICY !xl j~8T n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - $ 1,000,000 C X ANY AUTO 8514B985 04/16/05 04/16/06 (Ea accident) - ALL OWNED AUTOS BODILY INJURY - $ SCHEDULED AUTOS NOlI ,;~tl (Per person) - :y~lI\E~ ~ MEN1' ~ HIRED AUTOS ..) BODilY INJURY $ ~ NON-OWNED AUTOS (Per accident) - DATE_~-- JO~ 1=- 0 S PROPERTY DAMAGE $ , , (Per accident) GARAGE LIABILITY WAIV;:R Nt ~-- '&.,'fES _ AUTO ONLY - EA ACCIDENT $ ~ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 7,000,000 B ~ OCCUR =:J CLAIMS MADE 7414881 04/16/05 04/16/06 AGGREGATE $ 7,000,000 $ ~ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X I TORY LIMITS I IU~~- D EMPLOYERS' LIABILITY WC250366227 10/01/04 10/01/05 100,000 ANY PROPRIETORlPARTNERlEXECUTIVE E.L. EACH ACCIDENT $ OFFICERlMEMBER EXCLUDED? (STATE ACT) E.L. DISEASE - EA EMPLOYEE $ 100,000 ~~~MtS~~~v~~1Ci~s below E.L. DISEASE - POLICY LIMIT $ 500,000 OTHER E U S L & H MEMBER 21500 10/01/04 10/01/05 Limit $10,000,000 Jones Act each occ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS RE: DEP Contract No. DC595 - Monroe County, Board of County Commissioners are included as additional insureds on the above noted policies with respects to the referenced project and as per written contract. Waiver of subrogation is included as per written contract for General Liability. CERTIFICATE HOLDER CANCELLATION MONROEC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUT OR D REPRESENT TI ~ Monroe County, Board of County Commissioners Ste. 410 2798 Overseas Highway Marathon FL 33050 @ ACORD CORPORATION 1988 ACORD 25 (2001108) ACORD~ CERTIFICATE OF LIABILITY INSURANCE OP ID 6~ DATE (MM/DDIYYYY) COAST 6 OS/27/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Taylor Johnson Group HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1081 19th Street, Suite 300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Virginia Beach VA 23451 Phone: 757-468-6100 Fax: 757-468-9917 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Scottsdale Insurance Company INSURER B: National Union Fire Insurance Coastal Gunite Construction INSURER c: St. Paul Fire & Marine Co. P.O. Box 977 INSURER D: Continental Casualty Company Cambridge MD 21613-0788 INSURER E: Sianal Mutual Assurance Co. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSRt TYPE OF INSURANCE POLICY NUMBER PD~~~1,i~fJ~~~E P8k~CEY(~':,gIftMN LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 - PREMISES (E~~~~~~nce) A X X COMMERCIAL GENERAL LIABILITY BCS0010135 04/16/05 04/16/06 $ 100,000 I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $ None PERSONAL & ADV INJURY $ 1,000,000 - GENERAL AGGREGATE $ 2,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 I !xl PRO- nLOC POLICY X JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 - $ C ~ ANY AUTO 8514B985 04/16/05 04/16/06 (Ea accident) All OWNED AUTOS BODILY INJURY - (Per person) $ SCHEDULED AUTOS APm ~~~K M~ - :iEMENl ~ HIRED AUTOS B'" _. ' .~ ',1. b. BODILY INJURY $ X NON-OWNED AUTOS ~lP-'~~ (Per accident) - DATE: - ---....~ PROPERTY DAMAGE $ lA. A J\ .-~. \ j (Per accident) - rn -~.__ T 1:" GARAGE LIABILITY --- AUTO ONLY - EA ACCIDENT $ ~ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 7,000,000 B ~ OCCUR D CLAIMS MADE 7414881 04/16/05 04/16/06 AGGREGATE $ 7,000,000 $ ==l DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X IT~~Y:;~I~WS I IU~~- D EMPLOYERS' LIABILITY WC250366227 10/01/04 10/01/05 100,000 ANY PROPRIETORlPARTNERlEXECUTIVE E.L. EACH ACCIDENT $ OFFICERlMEMBER EXCLUDED? (STATE ACT) E.L. DISEASE - EA EMPLOYEE $ 100,000 ~~~Mts~~6'v~~1c3~s below E.l. DISEASE - POLICY LIMIT $ 500,000 OTHER E U S L & H MEMBER 21500 10/01/04 10/01/05 Limit $10,000,000 Jones Act each occ DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: DEP Contract No. DC595 - Board of County Commissioners, Monroe County, State of Florida, Dept. of Environmental Protection and Board of Trustees of the Internal Trust Fund are included under the Gen.Liability as additional insureds with respects to the above referenced project and as per written contract. Waiver of Subrogation is included as per written contract for GL. CERTIFICATE HOLDER CANCELLATION DEPAR24 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATlO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Department of Environmental Protection 3900 Commonwealth Blvd Tallahassee FL 32399 C-A- ACORD 25 (2001/08) @ACORD CORPORATION 1988