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01/19/2011 AgreementDANNY L. KOLHA GE CLERK OF THE CIRCUIT COURT DATE: January 20, 2011 TO: Jerry Barnett, Director Project Management ATTN: Ann Riger Contracts Administrator FROM: Pamela G. Hanc ck, . C. At the January 19, 2011, Board of County Commissioner's meeting the Board granted approval and authorized execution of Item C30 Contract with Bella Construction of Key West, Inc., for the replacement of the Perimeter Fencing at the West Martello Towers. 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 WEST MARTELLO FENCE REPLACEMENT AGREEMENT This AGREEMENT dated the 19"' of January 2011, is entered into by and between MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ( "County") and BELLA CONSTRUCTION OF KEY WEST, INC. (Contractor). WHEREAS, The Tourist Development Council is providing funding in the amount of $45,000.00 for the Replacement of the Perimeter Fencing at the West Martello Towers in Key West; and WHEREAS, Professional Services for the Design through Contract Administration was contracted to a design professional in the amount of $11,300.00; and WHEREAS, a competitive bid process was held with all bids exceeding the remaining funds budgeted; and WHEREAS, all the bidders were asked to provide price quotes within the budget, and, in addition, other contractors were contacted to provide a price quote within budget; and WHEREAS, the Contractor was the only bidder who provided a proposal for 190 LF of 6' tall Aluminum Fencing for $24,460.00 which is within the budgetary limits; and NOW, THEREFORE, in consideration of the mutual covenants and payment contained herein, the parties have entered in to this agreement on the terms and conditions set forth below: Scope of Work The Contractor shall provide all supervision, labor, materials, tools, equipment, and cleanup to complete the Replacement of 190 LF of Perimeter Fencing on the rear wall of the West Martello Towers in accordance to their Proposal dated November 30, 2010 attached hereto as Exhibit "A ". Agreement Period This Agreement shall commence within ten (10) calendar days after the date of issuance by County of the Notice to Proceed. The Contractor shall accomplish Substantial Completion of the Project within Sixty (60) calendar days thereafter. 1 Contract Sum The contract sum is Twenty Four Thousand Four Hundred Sixty Dollars and 00 /100 ($24,460.00). County shall make progress payments upon a proper invoice submitted by the Contractor. A 10% retainage shall be withheld until the project is completed to the satisfaction of the County pursuant to Florida Statute 218.735 (8) (a). Invoices shall be submitted every thirty days listing Monroe County Board of County Commissioners as payer, and Bella Construction as payee. Invoices shall be itemized with a description of the work performed in enough detail so that each item is distinguishable from other listed items and from prior completed work. The adequacy of the description shall be determined by the Clerk of Courts as agent for the County for purposes of payment of invoices. If an invoice does not meet the contract requirements, the Clerk of Court must reject the invoice within 20 business days after the date on which the payment request or invoice is stamped as received by the Clerk. The rejection must be written and must specify the deficiency and the action necessary to make the payment request or invoice proper. The contract amount is the total amount to be paid for the project. Payments will be made in accordance with the Florida Local Government Prompt Payment Act, section 218.735, Florida Statutes. Insurance Requirements Contractor shall provide proof of insurance by issuing the County original Certificates of Insurance for Workers' Compensation, General Liability, and Vehicle Liability. Monroe County Board of County Commissioners must be listed as additionally insured on all liability insurance except Workers Compensation. Insurance limits are detailed as attached on Exhibit °B ". Hold Harmless /Indemnification Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the contractor covenants and agrees that he shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors in any tier or other invitees during the term of this Agreement, (B) the negligence or willful misconduct of Contractor or any of its employees, agents, contractors in any tier or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or negligent acts in part or omissions of the COUNTY or any of their employees, 2 agents, contractors or invitees (other than CONTRACTOR). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event the completion of the project (including the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. The following items are included in this contract: a) Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to Contractor. b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial by jury. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding, pursuant to Section XVI of this agreement. c) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. d) Attorney's Fees and Costs. The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the non - prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. f) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advise of counsel. g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. h) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. i) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 4 j) Nondiscrimination. County and Contractor agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681 -1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91- 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse 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) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. k) Covenant of No Interest. County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 1) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. m) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. n) Public Access. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Contractor. o) Non - Waiver of Immunity. Notwithstanding the provisions of Sec. 286.28, Florida Statutes, the participation of the Contractor and the County in this Agreement and the acquisition of any commercial liability insurance coverage, self - insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. p) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. q) Legal Obligations and Responsibilities: Non - Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. r) Non - Reliance by Non - Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 11 s) Attestations. Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. t) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. u) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by singing any such counterpart v) Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. w) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that DBE's have the opportunity to compete and perform contracts. The County and Contractor and subcontractors shall not discriminate on the basis of race, BALANCE OF PAGE INTENTIONALLY LEFT BLANK color, national origin or sex in award and performance of contracts, entered pursuant to this Agreement. Execution by the Contractor must be by a person with authority to bind the entity. Ott S WHEREOF, each party caused this Agreement to be executed by its duly ' resentative on the day and year first written above. BOARD OF COUNTY COMMISSIONERS L. KOLHAGE, Clerk OF MONROE COU TY, FLORIDA 4 W---, By: 1 1 uty Clerk ri (SEAL) Attest: CONTRACTOR BELLA CONSTRUCTION OF KEY WEST, INC. By: g Print Name: s vv Print Name: r ') 1 Title: e r' Title: Vz'+ Date: And By: Title: Date: Date: i ` b . I MONR E COUNTY ATTORNEY OV D AS TO f NAT I!EN ` W: CA 9EL A NTCoggTY ATTORNEY ate STATE OF FLORIDA COUNTY OF h -rt On this _ da of S1 , before me, the undersigned notary public, personally appearo = r= ,ht, known to = to be the person whose name is subscribed a66 - - 46 :or vtp Q pro ced N as identification, and acknowledged that he/she is' the °persTn - , i who executed th above contract with Monroe County for the Replacement of the PerimeterCFencina�t o the art II we s in Key West, for the purposes therein contained. -n Notary Public 'r, r baJ h W e S " I I o ��(�� p � My commission expires: n1 � o Print Name =: RACHEL BASHORE _►: r MY COMMISSION N DD 979254 g ' : EXPIRES: May 14, 2014 J P", Bonded Thru Notary Public Underwriters PUBUC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Wes (Nam Business) — ..._.__ me I.. _. 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subscction (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -fret workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Bidd s Signature 3- I I Date OMB - MCP#5 SWORN STATEMENT UNDER ORDINANCE NO. 10 -1990 MONROE COUNTY. FLORIDA ETHICS CLAUSE warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10 -1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10 -1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. ~� (signature) Date: i - 3 - I STATE OF _ - VI O V1 dua COUNTY OF t" Q Y11r0 e PERSONALLY APPEARED BEFORE ME, the undersigned authority, r �rQ ��� f who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this 3 day of JQo,? , 20 NOTARY PUBLIC ::fps"•" RACHEL BASHpRE +C MY COMMISSION # DD 979254 % My commission expires: [— ('...,. EXPIRES: May 14 2014 P, f,h.• Bonded Thru Notary puWic Undenwfte, OMB - MCP FORM #4 Exhibit "A" owe consaucebn of KW VVm% Ins:. cm 151sm 111 us Hwy 1 am 110 Roddand Kay. FL 33040 Ofc (305) 292 -OW Fax (306) 292-OW ttryan®concrsbebeMa.corrt Date: November 30, 2010 Proposal d 10-211 To: Monme County - PMJM Man@WW4 Dees ww t From: Bryen Wofsey Aft Mdse Nobw Rs: West Martelb Fans Project Revised Fendrg PIans Eymo nde 190 LF of AkuWm rn Fandrd Belli CwakuCft of Kay West, inc. is 0000 b qude gm Mn of 124,460 to pvA to aN supsrwWon, labor, Mateflor, ftK equiprrwnt, and deertup to complete lita above mhnw 0ed project. As per our the Revised Dowdrgs Wed "West Mobb Twms - Ropisoowd of Perbmier FancW dated 11/Z110 drawn by Bandar d Aeaodalss ArdMwb. P in adddm ID our sibs visit on NovwrAw 19th. 2010, nqw ding M1e Repiscamed of the Perimeter FeW ft the tbM=*V is a breakdown of the scope of wok hdwW In this pqpossk 190 LF o/ i' tar Alm *sum FanClm Ineludba T x ? x Is Swaad F2g ft m Reoval and Disposal of N I I g Perlmebsr Fertoitp Sections by others Excawbe and Form (20) 24' x 24" x 12' deep Cowsis Footers Prot O H MY A* Yapor Barrier under ALL Onareb Footers to ensure Isdadon from HN6oric Fort Fourtdetbrt Fwnieh, Install and Support (3) 06 Relnforobg $isal Bers Each Way per Concrels Footer Pump. Pbw and Froth (20) Oor=W Footers wit 4.000 Pei Compwssiws 9bert1h ReadyMbr Concrete Strip and Rernme Cow" Formwork Fabricate 190 LF of Akxnkwm Fanos and Poste (ltlla6wW to be AMa *ium Aby 5063 -T6) Fence Panels to be Throe Rod ftb w4h Two Upper Rode and One Lower Red Hottotfal Rsits b be 1 -112" x l4 Z" x lAr Al Pickets to be 3/4" square with Pr omed Speer Tope AN Pab bo be 7 R bed x 3" x T x 3N6' wth Flat Caps Fence Poet b be sPeced at 7 boot on center Alwnirum Fhish b be 3 nd avw pe tMdawas Polyedsr Powdsr Coated, Black in Cobr AN Post to be Coro Ddlad and Set in Conm is Gmuut Ex&Wos Pw M Fess, Enpinserirt Fees, Sol Too ft ConcretsTooft TerrMts Pnotsctior, ExieNrt Fence Demolition Owposai, Exmbv Foo6or Removal, Flt Material and any other Item not Nsted above... dY Date: Wofeey BoU Construction of Key West, Inc. II ��ltd 2005 Edition Exhibit `B" WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT: West Martello Fence Replacement BETWEEN MONROE COUNTY, FLORIDA AND Bella Construction of Key West, Inc. Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self - insurer, the County shall recognize and honor the Contractors status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractors Excess Insurance Program. If the Contractor participates in a self - insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. WC1 Administration Instruction #7500 2005 Edition GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: West Martello Fence Replacement BETWEEN MONROE COUNTY, FLORIDA AND Bella Construction of Key West, Inc. Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 1 00,000 per Person $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional insured on all policies issued to satisfy the above requirements. GL1 Administration Instruction #7500 2005 Edition VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: West Martello Fence Replacement BETWEEN MONROE COUNTY, FLORIDA AND Bella Construction of Key West, Inc. Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non•Owned, and Hired Vehicles The minimum limits acceptable shall be: $100,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 50,000 per Person $I00,000 per Occurrence $ 25,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. VU Administration Instruction #7500 A_LSIATE (TUE)AUG 31 2010 16:23/ST.16:22/No.682.1 13 = MOM CERTIFICATE OF LIABILITY INSURANCE ° 08131110 romOUCeI TOW CQRTIFICATE IS IS3UW AS A MATTER OF INFORMATION MI Group I Adstate wourance Company ONLY AND CONFERS NO RtCsM UPON THE C Olt 9560 SW 107 AVG", Suite 0203 "OLDER. E�CERTIFICATE E f g NOT AMEND, THE eQLK IES EXTE Miami. FL 33 INgURt3R>I AFFORDING COVENAfiE oivmb - ._ _ - .—.. -• MSURBR AIIS ip, It I�TIC,��:OTpa -..__ ... .. .�. Bela Construction of Key West, Inc. _ MLT17R0N ik 111 US Highway 1. Box 110 Key West. FL 33040 Metmsao _ _ COVERAGES THE POLICRiS OR INSUpANGE UMO $ t.OW NAV4 SUm $ $Su tb TO Y I-W IN IV*10 NA11E0 AWW POR THE POLICY PERIOD *XMCATED. NoTWTHSTANDING ANY REQUIREMENT, TEFIM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WIT" RESPECT TO Wr#CH THIS CMTMCATG MAY 8E ISSUED OR MAY PERTANA THE Mr9URANCE AFFORDED BY THE POLICIES DESCRMED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIOW AND CONDITIONS OF SUCH POLiCIS& AGGREGATE LOOT$ SHOWN MA MA VI t1 fN ASOU aY PAID CL N j TYM OF M!°RANCE FONCY Mimm ` 0009RAL UAUJ V I rAM occumw"= s COLIMERdAL oENEWIL LuOILrtY k FMC D"M" ft s CLAM tvac I X accua i Mw E7t> 0" ee ko P--) - ( MASON& i ADw MAIRY s aaxaaAaaawATC s co+T.nocl.ECA�LaerAFrttESr�ErL j•ROOUaTS- copi�ro!„A�ro ��.__ pay Loc I I NKxG IAAFT 048983481 n0312010 0310312011 i s 1000000 ANY AUTO ALL OWNED AUTOS ` KAR IL Y s A i s< 9cleouLtowTo9 I ( VO - H RM AvTOB aQq,Y IN,l4AY 0 NON.OWNiDAUTOS •. PTiOPiRTY OAMAGi •' s I (FM 6000"9 AUTOONLY- EAACCOENT, S ANY AM OTHERTMIN EAR S A UTO ONLY / ow000I ICE..... - ,_ S_... ... ExCltNlLJA�LITY OCCUR w-v h "M �� t TC S • S A 1 WORKNU COWUSATION AND MI PLOYEW LIARRJTY , I ' ` I ` E.L. EACM _ ! AddAfonal Coverages: 35000 Mledfcal Payments and PIP Jobsite: West Martolo Fence Projed - Key West ERTkF 1CATe utx eE13 I K I � Monroe C oun t y Board of County Comtttlsslo(lers 1100 Simtxitoa Stroet, Room 1 - 2 1 3 Key West, FL 33040 g10HI,0 ANV oFTNaASO+Ie DIfOA /!O WM.X M 6t GAW*UA0 SpoRa TW 400A" 10 0Ar* Y.w recH DKM T M", TUN MO MO DU UM Ta" EMMAYOR IIe l'I�1C,AR NOLOlR OVA= TOTM $A". WT FAILURE To 00 90 3HAll "am .pas o0j * �j GR U►R&Tri MANY 00 Up" THE INSURER. ITS AGENT$ OR 0 ACORD ACbRh CERTIFICATE OF LIABILITY INSURANCE ATE 0 12/311201 0 0 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ONT NAME; Mark van Wert C/o Willis of Florida, Inc. 3000 Bayport Drive; Suite 300 Tampa, FL 33607 PHON E ,,, (813) 281 -20 a N o): (813) 281 - 2234 MAIL - — - - - -- --- PRODUCER CUSTOMER ID M: _ I I INSURERS) AFFORDING CO NAICIt INSURED INSURER A: American Zurich Insurance Company 40142 INSURER Employee Leasing Solutions, Inc. Alt. Emp: Bella Construction of Key West Inc 1401 Manatee Avenue West Suite 600 INSURERC: LIABILITY _— Bradenton, FL 34205 -6708 JNSURE D COMBINED SINGLE LIMIT (Ea accident) INSURER E; INSURER F : ANY AUTO ALL OWNED AUTOS - COVERAGES CERTIFICATE NUMBER: 10FL079807774 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND COND OF SUCH POLICIES. LIMITS S HOWN MAY HAVE B EEN REDUCED BY PAID CLAIMS. Monroe County Board of County Commissioners INSR --- -- - -- ADDLISUBR —T------------ LTR TYPE OF INSURANCE i POLICY NUMBER I MMID YY MWDD i LIMITS GENERAL LIABILITY EACH OCCURRENCE $ I Key West, FL 33040 GENERAL LIABILITY II' I PREMI (Ea occurren S _COMMERCIAL CLAIMS -MADE OCCUR I _ MED EXP (Any one person $ _ PE RSONAL & ADV INJURY $ J I GENERAL AGGREGATE_ $ — GEN'L AGGREGATE LIMIT APPLIES PER' i PRODUCTS - COMP /OP AGG $ - POLICY PRO- !� LOC I I. J i $ AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT (Ea accident) j $ (� ANY AUTO ALL OWNED AUTOS - ((( / �' (} / -1 ` j BODILY IN (Per person) BODILY INJURY (Per acadent) $ $ SCHEDULEDAUTOS PROPERTY DAMAGE HIRED AUTOS (Per acciden $ I NON -OWNED AUTOS ( I $ _— $ i I UMBRELLA LU16 [-I OCCUR I OCCU $ _E _ AGGREG - - $ -- --- -_ - --- EXCESS LIAR CLAIMS -MADE - 1 ( I 1 _ - ---- DEDUCTIBLE $ I i ( RETENTION $ $ WORKERS COMPENSATION X V%C STATU- .OTH- TORY LIMITS AND EMPLOYERS' LIABILITY y / N I I I I E.L. EACH ACCID S 1,000,000 A ANY PROPRIETORIPARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? NIA i WC 90- 00- 818 -00 12/31/2010 112/31/2011 C ' -- - E.L. DISEASE - EA EMPLOYEEI - -- $ 1,000,000 (Mandatory in NH) ' I Ii yes, describe under DESCRIPTION OF OPERATIONS below - - -^ E.L. DISEASE - POLICY LIMIT --- -' - - -- $ 1,000,000 Location Coverage Period: 12/31/2010 12/31/2011 Client#: 053006 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, AddRlonal Remarks Schedule, If more space Is required) Coverage is provided for Bella Construction of Key West Inc only those ernployees leased to but not 111 US Highway 1 #110 subcontractors of: Key West, FL 33040 CERTIFICATE HOLDER CANCELLATION ©1988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West, FL 33040 Inx Ua.,A ©1988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD Aco ® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) L __- 8/31/2010 FHeritage R (941) 723 -1400 FAX: (941) 723 -1440 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 10th Avenue West ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Palmetto FL 34221 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA:F-irst Mercury Insurance BELLA CONSTRUCTION OF KEY WEST INC. INSURER B: 111 US Highway 1 INSURER C: BOX 110 INSURER D: Key West FL 33040 INSURER E: UV V CRAVC0 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 OFSUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD 'L POLICY NUMBER pA UCY E PAUCY EXPIRATION' LIMITS LTR INSRD TYPE F IN RANCE EACH OCCURRENCE S 1,000,000 GENERAL LIABILITY DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ 100,000 A CLAIMS MADE X . OCCUR FMGA001318 2/9/2010 2/9/2011 MED EXP (Any one person) S 5,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S 2,000,000 POLICY X PRO LOC AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT $ i (Ea accident) ANY AUTO ALL OWNED AUTOS ' BODILY INJURY $ (Per person) SCHEDULED AUTOS HIRED AUTOS BODILY INJURY - E . 47 (Per accident) NON -OWNED AUTOS PROPERTY DAMAGE S (Per accident) GARAGELIABILITY AUTO ONLY - EA ACCIDENT S ANY AUTO I OTHER THAN EA ACC S AUTO ONLY: AGG S EACH OCCURRENCE E EXCESS / UMBRELLA LIABILITY OCCUR FI CLAIMS MADE AGGREGATE S E i i E DEDUCTIBLE ; E RETENTION $ WC O WORKERS COMPENSATION R , TORY LIMITS . ER TORY LIMITS AND EMPLOYERS' LIABILITY YIN E.L. EACH ACCIDENT S ANY PROPRIETOR /PARTNER/EXECUTIVE , OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) It yes, describe under E.L. DISEASE - POLICY LIMIT $ SPECIAL PROVISIONS below OTHER I DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Bolder is added as an additional insured as required by written contract (CVX GL 5071). waiver of Certificate by written contract (CG 24 04). Aggregate applies per project as required by written Subrogation applies as required contract (CG 25 03). Jobsite: West Martello Fence Project - Key West ^AAIf Ml 1 ATInKI 'ERTIFICATE HOLL)LK - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Monroe County Board of County COmmissione DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN 1100 Simonton Street NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Room 1 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER- ITS AGENTS OR Key West, FL 33040 REPRESENTATIVES. AUT REPRESENTATIVE David Clements /LINDSA ACORD 25 (2009101) ©1988 -2009 ACORD CORPORATION. All rights reserved. INS025 poo9o+) The ACORD name and logo are registered marks of ACORD WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from any liable for an injury covered by this policy. We will not enforce our right against the person or organization name in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit not named in the Schedule. Schedule Applicable Named Insured: Employee Leasing Solutions, Inc. Applicable Additional Named Insured (Client Co): Bella Construction of Key West Inc Client #4840008 Certificate Holder to Whom Waiver is Applicable: Monroe County Board of County Commissioners 1100 Simonton Street Key West, FI 33040 Coverage is Limited to Leased Employees of Bella Construction of Key West Inc. Bella Construction of Key West Inc is afforded Workers Compensation and Employers Liabliity as a co- employer under a policy with Employee Leasing Solutions, Inc. Waiver of Subrogation in Favor of Monroe County Board of County Commissioners. Alternate Endorsement Applies West Martello Fence Project Key West, Florida The insurance evidenced by the certificate shall be the primary and non - contributory to any other insurance certificate holder This endoresement changes the policy to which it is attached and is effective on the date issued unless otherwise stated (The information below is required only when this endoresement is issued subsequent to preparation of the policy.) Endorsement Effective 01!01/2010 Policy No. EMWC109947 Endorsement 55 Insured Employee Leasing Solutions, Inc. PREMIUM$ N/A Affiliated Agency Ops Countersigned by DATE OF ISSUE: 01101/2010 i ALTERNATE EMPLOYER ENDORSEMENT This endorsement applies only with respect to bodily injury to your employees while in the course of special or temporary employment by the alternate employer in the state named in Item 2 of the Schedule. Part One (Workers Compensation Insurance) and Part Two (Employers Liability Insurance) will apply as though the alternate employer is insured. If an entry is shown in Item 3 of the Schedule, the insurance afforded by this endorsement applies only to work you perform under the contract or at the project named in the Schedule , Under Part One (Workers Compensation Insurance) we will reimburse the alternate employer for the benefits required by the workers compensation law if we ar not permitted to pay the benefits directly to the persons entitled to them. The insurance afforded by thies endorsement is not intended to satisy the alternate employer's duty to secure its obligations under the workers compensation law. We will not file evidence of this insurance on behalf of the alternate employer with any government agency. We will not ask any other insurer of the alternate employer to share with us a loss covered by this endorsement. Premium will be charged for your employees while in the course of special or temporary employment by the alternate employer. The policy may be canceled according to its terms without sending notice to the alternate employer. Part Four (Your Duties if Injury Occurs) applies to you and the alternate employer. The alternate employer Vail' recognize our right to defend order Parts -^n2 and Two-and our right to inspect -under Par; Six. Schedule 1. Alternate Employer Address Bella Construction of Key West Inc 111 US Highway 1 #110 Key West, FL 33040 2. State of Special or Temporary Employment Florida 3. Contract or Project Monroe County Board of County Commissioners 1100 Simonton Street Key West, Fl 33040 s i Coverage is Limited to Leased Employees of Bella Construction of Key West Inc. Bella Construction of Key West Inc is afforded Workers Compensation and Employers Liabliity as a co- employer under a policy with Employee Leasing Solutions, Inc. Waiver of Subrogation in Favor of Monroe County Board of County Commissioners. Alternate Endorsement Applies West Martello Fence Project Key West, Florida This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated (The information below is required only when this endoresement is issued subsequent to preparation of the policy.) Endorsement Effective 01/0112010 Policy No. EMWC109947 Endorsement Insured Employee Leasing Solutions, Inc. PREMIUM$ N/A Client: Bella Construction of Key West Inc Affiliated Agency Ops Countersigned by DATE OF ISSUE: 01/01/2010 BELLA -3 OP ID: PR A DATE (MWpplYYYY) W v CE RTIF, ATE OF LIABILITY INSI I ANCE k....---- 02/09/12 - THIS CERTIFICATE' IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFI TE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY, THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(SI;,AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER 954- 561 -2220 NAME: „_ ___ Guifstream Insurance Group Inc 854 - 566.0673 Ne I FAX NO P.O. Box : Fort Lauderdale, FL 33310 - 8908 David Arch RISURERIS) AFFORDING COVERAGE NAM 0 INSURER A : First Mercury Insurance Co., INSURED Bella Construction of Key West INSURER B : Inc. INSURER C : _ — 111 US Highway One, Box 110 Key West, FL 33040 INSURER D : INSURER E : .- INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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. OMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Apr, AM POLICY EFF POUCY EXP LIMITS T TYPE OF INSURANCE INe L Vivo POLICY NUMBER IMWDDAfYYYI fNMiDD/YYYYI GENERAL UABIUTY EACH OCCURRENCE $ 1,000,000 NJ-CGL -0000005437 -01 02108112 02/08/13 a i° 50,000 A X COMMERCIAL GENERAL LIABILITY X ��� (� o omare nce) $ 1 CLAIMS -MADE il OCCUR MED EXP (My one person) S Excluded PERSONAL & ADV INJURY $ 1,000,000 — GENERAL AGGREGATE S 2,000,000 GEN%AGGRE LIMIT APPUESPER: PRODUCTS - COMP/OP AGO $ 2,000,000 7 POLICY I n n JFf:T fl LOC AUTOMOBILE LIAB1tJTY COMBINED G 1 SINGLE LIMIT $ BODILY INJURY (Per person) $ ANY AUTO — A�OOYSYNED a SCHEDULED BODILY INJURY (Per accident) $ NON -OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per. idanO $ UMBRELLA LIAR OCCUR EACH OCCURRENCE -� $ _ • , EXCESS LIAR CLAIMS•MADE AGGREGATE $ DED I 1 RETENTION $ + $ WORKERS COMPENSATION I TORY WC A I O ER AND EMPLOYERS' LIABILITY ANY PPOPRIETORIPARTNERIEXECUTIVE Y N E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N / A (Mandatory In NH) E.L. DISEASE • EA EMPLOYEE 3 Myes, describe under E DISEASE - POLICY OMIT S DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (Attach ACORD 101, Addldonal Remarks Schedule, If more specs Is required) General Contractor - Concrete Construction ® . Certificate holder is additional insured with respect to general liability. A . _ . ; f _ : /na. s7c.�1 1 t . n _ - C c_ 13 -0, CERTIFICATE HOLDER CANCELLATION MONROE2 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County 1100 Simonton St, AUTHORIZED REPRESENTATIVE Key West, FL 33040 ' ,4 1 ®1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (20101051 Tire er_nRD name and logo are registered marks of ACORD v •