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01/21/2015 AgreementAGREEMENT Between Owner and Contractor THIS AGREEMENT is: Made as of the 21st day of January, 2015. BETWEEN the Owner: Monroe County Board of County Commissioners 1100 Simonton Street The Gato Building, Room 2-205 Key West, Florida 33040 And the Contractor: ADVENTURE ENVIRONMENTAL INC. 12895 Southwest 87th Avenue Miami, FL 33176 For the following Project: CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29 SEXTON COVE, KEY LARGO, MONROE COUNTY, FL. This Agreement represents one of the canal restoration demonstration projects approved by the Monroe County BOCC, whose public purpose is to improve the water quality in Monroe County. Scope of the Work Project Overview The Scope of Work consists of backfilling Canal #29 located in Sexton Cove Estates Subdivision, Monroe County, Key Largo Florida. The backfilling activities are to be completed so that a natural benthic community can be established. The backfilling will raise the canal bottom to -8.7 ft. NAVD, which is approximately 6 feet below the Mean Sea Level for the canal (a depth that is typically suitable to allow for sufficient light and oxygen to permeate the water column to support a healthy ecological habitat). The backfilling shall be done in such a way to prevent impact to the nearshore waters, and shall be completed using the staging area identified in the project located at 11 Pigeon Road, Key Largo, or an approved alternate. 2 General Project Intent and Scope Provide all labor, supervision, engineering, materials, supplies, equipment, tools, transportation, surveying, layout, and protection for the proper execution and completion of all the work in accordance with the Contract Documents. The Work shall include but not be limited to that shown on the Drawings and detailed in the Technical Specifications if any included in this Contract. AGREEMENT 00500-Page 1 of 149 3 General Requirements A. Construction work times shall be limited to: 8AM to 6PM Mon -Fri, excluding holidays B. Contractor shall be aware of weather and location and plan accordingly. C. Contractor must remain aware of the community residences and plan accordingly. Coordination of each day's works shall be done in advance with approval from AMEC/Engineer. D. The Scope of Work shall include, but not be limited to, all work shown and listed in the Project Drawings. The Contractor is required to provide a complete job as contemplated by the drawings and specifications, which are a part of this bid package. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies and any other means of construction necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. Monroe County has made all reasonable efforts to obtain the required permits for this project. If the Contractor is aware of another permit that is required, or during the construction another permit is required, it is up to the Contractor to obtain it. SPECIAL PROVISIONS The following Special Provisions are intended to clarify the scope of work, or highlight features of the work, or modify, change, add to, or delete from the General Scope of this Proposal Package. All licenses required in order to perform the scope of work in the specified location, shall be procured and maintained by the contractor and his subcontractors. Contractor shall submit copies to AMEC prior to notice to proceed. Contractor's license shall accompany proposal. 2. Contractor is to review Division 1 General Requirements for additional responsibilities required in order to perform this Work. 3. If in the event of conflicting, or overlapping requirements in any area of the proposal documents, technical specifications, or drawings, the most stringent condition shall be proposed and constructed. Notify Sustainability Manager in any event, in order to not compromise the Owner's right to make appropriate decisions. 4. Contractor shall maintain As -Built Drawings, (Record Drawings per Section 01720), of his work progression. 5. Contractor shall provide suitable storage container, and be responsible for disposal off -site of all debris and trash, and during the work keep the AGREEMENT 00500-Page 2 of 149 construction area on land or in the water reasonably free of debris and trash per Federal, State and County requirements. 6. The Contractor shall coordinate with Owner's representative on available hours for Job Site access. Job site will have limited 8AM -6PM work hours Mon -Friday excluding holidays. Contractor will need to schedule work shifts typically from 8AM- 6PM weekly. Any change to agreed upon schedule must be obtained in writing with a minimum of 72 hours advance notice. 7. Coordination of each days works shall be done in advance with approval from AMEC / Engineer - The Engineer is: AMEC Environment & Infrastructure Greg Corning 102 Avenue K Marathon, Florida, 33050 314-920-8359 The Owner and Contractor agree as set forth below. ARTICLE 1 The Contract Documents 1.1 The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), the RFP and its attachments/exhibits, Drawings, Specifications, Proposal Documents, Addenda issued prior to execution of this Agreement, together with the response to RFP and all required insurance documentation, and Modifications issued after execution of this Agreement. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. ARTICLE 2 The Work of this Contract 2.1 The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: N/A AGREEMENT 00500-Page 3 of 149 ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the Owner. The Contractor shall proceed with Work no later than 7 calendar days after receipt of the Notice To Proceed. Failure to commence with Work within the 7 day time period shall result in a $500.00 fine to the Contractor for each day that work does not commence for the first 15 days, $1,000/day for days 16-30 and $3,500 per day for days 31 and thereafter, as specified below. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than Ninety (90) calendar days after the date of commencement or issuance of a Notice to Proceed. The time or times stipulated in the contract for completion of the work of the contract or of specified phases of the contract shall be the calendar date or dates listed in the milestone schedule. 3.3 Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extensions in time as set forth by the Sustainability Manager's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. FIRST SECOND 31ST DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under $50,000.00 $50.00/Day $100.00/Day $250.00/Day $50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day $100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day $500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. ARTICLE 4 Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of One Million Three Hundred Sixty Thousand Dollars ($1,360,000.00), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: NOT APPLICABLE 4.3 Unit prices, if any, are as follows: 1. Mobilization and demobilization $50,000. Lump Sum 2. Maintenance of traffic $10,355. Lump Sum 3. Remove and Replace 4' chain link fence $ 41/1-inear Foot AGREEMENT 00500-Page 4 of 149 4. Mangrove Trimming 5. Conveyor Belt System 6. Six foot construction fencing 7. Floating turbidity barrier 8. Course fill material 9. Sand fill material 10. Trucking of backfill material 11. Placement of fill 12. Construction survey ARTICLE 5 Progress Payments $ 5,000 Lump Sum $50,000 Lump Sum $ 41.00/1-inear Foot $ 60.00/1-inear Foot $ 14.50/Cubic Yard $ 20.00/Cubic Yard $ 8.00/Cubic Yard $ 21.15/Cubic Yard $30,000. Lump Sum 5.1 Based upon Applications for Payment submitted by the Contractor to the Sustainability Program Manager, and upon approval for payment issued by the Sustainability Program Manager, and Engineer, the Owner shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one calendar month ending on the last day of the month, or as follows: 5.3 Payment will be made by the Owner in accordance with the Florida Local Government Prompt Payment Act, section 218.735, Florida Statutes. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Sustainability Program Manager may require. This schedule, unless objected to by the Sustainability Program Manager, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Ten Percent 10%. Pending final determination of cost to the owner of changes in the Work, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be the net cost to the Owner, less AGREEMENT 00500-Page 6 of 149 Overhead, Profit and Documented Costs incurred prior to the change Request, as indicated in the corresponding line item in the Approved Schedule of Values for that line item as confirmed by the Sustainability Program Manager. When both additions and credits covering related Work or substitutions are involved in a change the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage; 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Sustainability Program Manager has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions. 5.7 Retainage of 10% will be withheld in accordance with section 218.735 (8(b), Florida Statutes. 5.8 Reduction or limitation of retainage, if any, shall be as follows: Monroe County is exempt from and not subject to Florida Statutes 255.078, "Public Construction Retainage". Reduction or limitation of retainage, if any, shall be reduced incrementally at the discretion of and upon the approval of the Sustainability Manager. ARTICLE 6 Final Payment 6.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment, and (2) a final approval for payment has been issued by the Sustainability Program Manager. Such final payment shall be made by the Owner not more than 20 days after the issuance of the final approval for payment. The following documents (samples in section 1027) are required for Final Payment: (1) Application and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion (4) Contractor's Affidavit of Debts and Claims (5) Contractor's Affidavit of Release of Liens (6) Final Release of Lien (7) Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) AGREEMENT 00500-Page 6 of 149 format delivered on a downloadable CD/DVD or flash drive of all the following but not limited to: A .Project Record Documents (As Built Documents). B. Operating and maintenance data, instructions to the Owner's personnel. C. Warranties, bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Electronic copies of approved submittals G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. 7.3 Temporary facilities and services: As described in Article 34 of the General Conditions 7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. 7.5 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 proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to public entity, may not be awarded or perform work as contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. AGREEMENT 00500-Page 7 of 149 7.6 The following items are included in this contract: a) Records. Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this 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. AGREEMENT 00500-Page 8 of 149 f) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of counsel. g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; 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. 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 patient records; 8) Title Vill 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 AGREEMENT 00500-Page 9 of 149 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. Contractor is required to: (1) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. AGREEMENT 00500-Page 10 of 149 All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. o) Non -Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the Contractor and the County in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 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. 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. AGREEMENT 00500-Page 11 of 149 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 signing any such counterpart. v) Hold Harmless and Indemnification. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or willful misconduct of Contractor or any of its employees, agents, sub -contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor s failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. w) 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. x) 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 AGREEMENT 00500-Page 12 of 149 agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that DBE's have the opportunity to compete and perform contracts. The County and Contractor and subcontractors shall not discriminate on the basis of race, color, national origin or sex in award and performance of contracts, entered pursuant to this Agreement. y) Agreements with Subcontractors. In the event that the Contractor subcontracts any or all of the work in this project to any third party, the Contractor specifically agrees to identify the COUNTY as an additional insured on all insurance policies required by the County. In addition, the Contractor specifically agrees that all agreements or contracts of any nature with his subcontractors shall include the COUNTY as additional insured. z) Florida Green Building Coalition Standards. Monroe County requires its buildings to conform to Florida Green Building Coalition standards. Special Conditions, if any are detailed in Section 00990 of the Project Manual for this Project. ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions. ARTICLE 9 Enumeration of Contract Documents 9.1 The Contract Documents include those enumerated in ARTICLE 1, except for Modifications issued after execution of this Agreement. 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual, which is a compilation of the Contract Documents and other modifications after execution of this Agreement. 9.1.4 The Addenda, if any, are as follows: Number Date 1 December 3, 2014 2 December 16, 2014 9.1.5 The Alternates, if any, are as follows: Not Applicable END ALTERNATES AGREEMENT 00500-Page 13 of 149 This Agreement is entered into as of the day and year first written above and is executed in at least four original copies of which one is to be delivered to the Contractor. Execution by the Contractor must be by a person with authority to bind the entity. SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE WTARIZED AND WITNESSED BY ANOTHER OFFICER OF THE ENTITY Heavilin, Clerk (SEAL) Attest: By:_ Print Na%ie:/ Title: Date: And: By: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA IN CONTR By: _ Print S- P. Arl Mayo&4hairman Title: Vice President Date: January 15, 2015 Print Name: Title: Date: STATE OF FLORIDA COUNTY OF Monroe On this _5 ,day of Janual� , 20,U, before me ,the undersigned notary public, Personally appeared Gregg Tolnin , known to me to be the Person whose name is subscribed above or who produced As identification, and acknowledged that he/she is the person who executed the above contra with Monroe County for the canal Backfilling, Water Quality Improvement Project, Canal #29 Project for th urposes therein contained. By: -- Notary PubTic Anthonv Colarusso Print Name My commission expires: 08/16/2018 '<- - ANTHONY A CiLgRUSSo • , Notary Public -Stale of Florida o�c My Comm. Expires Aug 16, 2018 ''F °�P Commission FF 133078 Seal AGREEMENT 00500-Page 14 of 149 THE AMERICAN INSTITUTE OF ARCHITECTS ;J AIA Document A311 Performance Bond Bond No. K08000153 APPR I QANAIGEME D !! WAIVER /A4_ KNOW ALL MEN BY THESE PRESENTS: that Adventure Environmental, Inc. 12935 SW 87th AVE, M IAM I, FL 33176. PH: 305.254.8887 Mere Insert full name and address or legal title of contractor) as Principal, hereinafter called Contractor, and, Westchester Fire Insurance Company (Here insert full name and address or legal tide of Surety) 436 Walnut Street, P. O. Box 1000, Philadelphia, PA 19106. PH: 215.640.1000 as Surety, hereinafter called Surety, are held and firmly bound unto MONROE COUNTY Board of County Commissioners 1100 SIMONTON ST, The Gato Bldg, Rm 2-205, KEY WEST, FL 33040. PH: 800.711.1712 (Here insert full name and address or legal fide of Owner) as Obligee, hereinafter called Owner, in the amount of One Million Three Hundred Sixty Thousand Dollars and 00/100 Dollars ($1,360,000.00 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated January 21, 2015 , entered into a contract with Owner for (Hen: insert full name, address and description of project) CANAL BACKFILLING WATER QUALITY IMPROVEMENT PROJECT, CANAL #29 SEXTON COVE, KEY LARGO, MONROE COUNTY, FL in accordance with Drawings and Specifications prepared by AMEC ENVIRONMENT & INFRASTRUCTURE (Here insert full name and address or legal title of Archdect) 102 AVENUE K, MARATHON, FL 33050 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS Obligation is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be In default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract In accordance with Its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with Its terms and conditions, and upon de- termination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even fhnnnh fhara ahnnlil ha n rlafaulf nr m cnnnaaalnn of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, Including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, adminis- trators or successors of the Owner. Westchester Fire Insurance Compa 4 D. W. Matson III (rme) Attorney -in -Fact AIA DOCUMENT A311 - PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND - AIA FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N. Y. AVE., N. W., WASHINGTON, D. C. 20006 2 x 4 THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. K08000153 AIA Document A311 Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that Adventure Environmental, Inc. 12935 SW 87th AVE, M IAM I, FL 33176. PH: 305.254.8887 (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called Contractor, and, Westchester Fire Insurance Company (Here Insert full name and address or legal title of Surety) 436 Walnut Street, P. O. Box 1000, Philadelphia, PA 19106. PH: 215.640.1000 as Surety, hereinafter called Surety, are held and firmly bound unto MONROE COUNTY Board of County Commissioners 1100 SIMONTON ST, The Gato Bldg, Rm 2-205, KEY WEST, FL 33040. PH: 800.711.1712 (Here Insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of One Million Three Hundred Sixty Thousand Dollars and 00/100 (Here Insert sum equal to at least one-half of the contract price) Dollars ($1, 360, 000.00 for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated January 21, 2015 , entered into a contract with Owner for (Here Insert full name, address and description of project) CANAL BACKFILLING WATER QUALITY IMPROVEMENT PROJECT, CANAL #29 SEXTON COVE, KEY LARGO, MONROE COUNTY, FL in accordance with Drawings and Specifications prepared by AMEC ENVIRONMENT & INFRASTRUCTURE (Here insert full name and address or legal title of Architect) 102 AVENUE K, MARATHON, FL 33050 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA ® 3 FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the fol- lowing conditions: 1. A claimant is defined as one having a direct con- tract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power. light. heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than on hav' g a direct contract with the Principal, shall ave liven written notice to any 1 wo of the followi g: the rincipal, the Owner, or the Surety above na ad, wit n ninety (90) days after such claimant did r perfor d the last of the work abor, or furnishe the last f the materials for whic s id claim is mad , stating ith substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail; postage prepaid, in an envelope ad- dressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the trans- action of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation em- bodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated. or in the United States District Court for the district in which the Project, or any part thereof, is sit- uated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. This qbndlis given to c ply with tion 255.05 Florida Statutes, and any action insti t y a claiman under this nd for payment must be in accordance with the noti e n time limi on pjovisio s in Section 255.05(2), Florida Statutes. SignIfd and sealed is// 28th / day of January, 2015 ronmental, Inc. (Prftipao W, "_' Westchester Fire Insurance Com (Surety) D. W. Matson III (T1tle) Attorney -in -Fact AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N. W., WASHINGTON, D. C. 20006 (Seal) 4 Power Of WESTCHESTER FIRE INSURANCE COMPANY Attorney THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER January 07, 2015, m THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES 0 THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. CERTIFICATE OF LIABILITY INSURANCE Date 1/26/2015 prodhcer: Plymouth Insurance Agency This Certificate is issued as a matter of information only and confers no 2739 U.S. Highway 19 N. Holiday, FL 34691 rights upon the certificate Flower. This Certificate does not amend, extend or alter the coverage afforded by the policies below. Insurers Affording Coverage NAIC # (727) 938-5562 Insured: South East Personnel Leasing, Inc. & Subsidiaries 2739 U.S. Highway 19 N. Holiday, FL 34691 Insurer A: Lion Insurance Company Insurer B: 11075 Insurer C: Insurer D: Insurer E: Coverages e policies of insurance listedbelow have been issue to a insured above r the icy period indicated. otwithsta mg any requirement, tens or condition any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions of such policies. Aggregate limits shown may have been reduced by paid claims. INSR LTR ADDL INSRD Type of Insurance Policy Number Policy Effective Date Policy Expiration Data Limits (MM/DD/YY) (MM/DD/YY) GENERAL LIABILITY Each Occurrence i Commercial General Liability Claims Made Occur Damage to rented premises (EA occurrence) Med Exp Personal Adv Injury aggregate limit applies per: General Aggregate Policy ❑ Project ❑ LOC Products - Comp/Op Agg Peteral TOMOBILE LIABILITY Combined Single Limit Any Auto O D SPCGEMEW (EA Accident) Bodily Injury (Per Person) All Owned Autos Scheduled Autos BY ✓ Bodily Injury Hired Autos DATE Non -Owned Autos WAIVER N/01 YES (Per Accident) Property Damage (Per Accident) EXCESSIUMBRELLA LIABILITY Each Occurrence Occur ❑ Claims Made Aggregate Deductible A Workers Compensation and WC 71949 01/01/2015 01/01/2016 x WC Statu- I OTH- Employers' Liability tory Limits ER E.L. Each Accident $1,000,000 Any proprietor/partner/executive officer/member E.L. Disease - Ea Employee $1,000,000 excluded? NO If Yes, describe under special provisions below. E.L. Disease -Policy Limits 81,000,000 Other Lion Insurance Company is A.M. Best Company rated A- (Excellent). AMB # 12616 Descriptions of Operations/Locations/Vehicles/Exclusions added by EndorsementfSpecial Provisions: Client ID: 80-65-323 Coverage only applies to active employee(s) of South East Personnel Leasing, Inc. & Subsidiaries that are leased to the following "Client Company": Adventure Environmental, Inc Coverage only applies to injuries incurred by South East Personnel Leasing, Inc. & Subsidiaries active employee(s,, while working in: FL. Coverage does not apply to statutory employee(s) or independent contractor(s) of the Client Company or any other entity. A list of the active employee(s) leased to the Client Company can be obtained by faxing a request to (727) 937-2138 or by calling (727) 938-5562. Project Name: CANAL BACKFILLING CANAL 29 SEXTON COVE- 11 PIGEON DR. KEY LARGO, FL 33037 INCLUDES USL & H. ISSUE 01-26-15 (EP) Bealn Date 3 15 2010 CERTIFICATE HOLDER CANCELLATION MONROE COUNTY Should any of the above described policies be cancelled before the expiration date thereof, the issuing BOCC insurer will endeavor to mail 30 days written notice to the certificate holder named to the left, but failure to do so shall impose no obligation or liability of any kind upon the insurer, its agents or representatives. 1100 CIMONTON ST. STE 2-205 KEY WEST, FL 33040 �1 Al ADVEN-1 OP ID: GB '4%R�'W CERTIFICATE OF LIABILITY INSURANCE �^�`M�D2015 01/26/2015 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 endorseme s . PRODUCER John W. Fisk Company 4833 Conti Street Suite 200 NAME Gail Boudreaux PHONE FAX Arc No.Ell: 504-486-5411 AX No): 504-482-1475 E-MAIL s, gait sk.com New Orleans, LA 70119 John W. Fisk Company INSURER(S) AFFORDING COVERAGE NAIL 0 INSURER A: ROCkhill Ins. Company INSURED Adventure Environmental Inc. Greg Tolpin 12895 SW 87th Ave. INSURER B: Essex Ins. Company INSURER C : Great American Ins. Co.N.Y. 22136 INSURER0: Miami, FL 33176 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR LTR TYPE OF INSURANCE POLICY NUMBER MN POLICY EFF MPS Y EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,W0,00 TO RENTED PREMISES Ea occurrence $MAGE 50,00 A X COMMERCIAL GENERAL LIABILITY X X ENVP007861-02 01/09/2015 01/09/2016 CLAIMS -MADE Fx_1 OCCUR MED EXP (Any one person) $ 5,00 PERSONAL & ADV INJURY $ 2,000,00 X Premises Liab X Pollution GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,00 X POLICY JECT PRO LOC $ AUTOMOBILE LIABILITY A R AGEME accideentSINGLE LIMIT Ea MBINED $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS 6Y BODILY INJURY (Per accident) $ PROPERTY DAMAGE PER ACCIDENT $ NON -OWNED HIRED AUTOS AUTOS DATE YES $ WAIVER W UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? r N / A T RY TAMIT ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ B Equipment Floater X X IMD 30577 11/14/2014 11/1412015 Scheduled 195,21 C HuIUP&I Liability OMH8410088-03 10/12/2014 10112/2015 P&I Liab. 1,000,00 DESCRIPTION OF OPERATIONS i LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Certificate holder shorn as additional insured with waiver of subrogation in their favor as requried by written contract as respects insured's operations. MONRO05 Monroe County BOCC 1100 Simonton St. Key West, FL 33040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 01988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD ADVEN-3 OP ID: NR ATE `+o & CERTIFICATE OF LIABILITY INSURANCE JMMIDWYYYY) °�01128/2015 01/28/2015 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 endorseme s . PRODUCER BUTLER, BUCKLEY, DEETS INC. 6161 BLUE LAGOON DR., STE 420 CONTACTBILL BODENHAMER NAME: ONE IA/NC, N EdI: 305-262-0086 aC No): 305-262-0187 E w BBODENHAMER BBDINS.COM ADDRESS: MIAMI, FL 33126 William S. Bodenhamer INSURERS AFFORDING COVERAGE NAIL # INSURER A: Progressive Express Ins. Co. INSURED ADVENTURE ENVIRONMENTAL INC 12895 SW 87 AVE INSURER B : NORTHERN ASSURANCE CO MIAMI, FL 33176 INSURERC: INSURER 0 : INSURER E : INSU R 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRINS&GENERAL TYPE OF INSURANCE POLICY NUMBER MM/D Y EFF POLICY P LIMITS LIABILITY EACH OCCURRENCE $ DAMAli RENTED PREMISES Ea occurrence $ COMMERCIAL GENERAL LIABILITY X CLAIMS -MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PRO- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ AIANY AUTO 03515746-7 06/11/2014 06111/2015 AALL UTOS NED SCHEDULED NON -OWNED AUTOSVE HIRED AUTOS X AUTOS ISK EMENT BODILY INJURY (Per accident) $ PROPERTY DAMAGE PER ACCIDENT $ BY $ UMBRELLA LIAR DATE EACH OCCURRENCE $ HOCCUR wa AGGREGATE $ EXCESS UAB CLAIMS -MADE Wad DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS LIABILITY Y / N JAYOTH- T RY LIMIT R ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? � N / A E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS Wow E.L. DISEASE - POLICY LIMIT $ B MARITIME EMPLOYERS B5JH24550 01/21/2015 01/21/2016 BI 1,000,00 LIABILITY BI BY ACC 1,000,00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) 30 DAYS WRITTEN NOTICE OF CANCELLATION EXCEPT FOR NON PAYMENT OF PREMIUM 10 DAYS NOTICE. NROE COUNTY BOCC IS LISTED AS ADDITIONAL INSURED WITH REGARDS TO CCtMRCIAL AUTO LIABILITY. MONROE COUNTY BOCC 1100 SIMONTON ST., STE 2-205 KEY WEST, FL 33040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 01988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD IF. ADVEN-1 OP ID: GB ACORO` CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDmYY) 01/04/2017 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 John W. Fisk Company 4833 Conti Street Suite 200 CONTACTNAME: John W. Fisk Company PHONE FAX A/C No Exe 504-486-5411 A/C, No ; 504-482-1475 E-MAIL ADDRESS: insure@jwfisk.com New Orleans, LA 70119 Eric S. Green INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: ROckhill Insurance Company INSURED "Adventure EnvloMental-lnc:---) ry INSURER B: Great American Ins. Company 22136 Greg Tolpin _ 12895 SW 87th Ave. INSURER c INSURER D : Miami, FL 33176 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE D INSD BR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE a OCCUR X X ENVP007681-04 01/0912017 01/0912018 DAMAUE PREMISES Ea occurrence $ 50,000 MED FXP (Any one person) $ 5,000 PERSONAL 8 ADV INJURY $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PEA LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per accident $ $ UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB DED RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N I A PER OTH- STATUTE I I ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE -POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below B Cont. Equipment IMP 5305782-00 01/26/2016 01/26/2017 Scheduled 339,037 B Hull/P&I Liability OMH841008-05 10/12/2016 10/12/2017 P8d Limit 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Certificate holder shown as additional insured with waiver of subrogation in their favor as required by written contract as respects insured's operations. 'APPR GEMENTYI -�� DATE�'q 1 -e ✓1L WN/AYEs— WAVER CG:-Ft�[,p� Gc ChK I IFIC:A 11= MULULK MONRO05 Monroe County BOCC Marine Resources Office 2798 Overseas Hwy, #420 Marathon, FL 33050 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ,< `aoC r k- ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD • - NOTEPAD ADVEN-1 PAGE 2 INSURED'SNAME Adventure Environmental Inc. OP ID: GB Date 01/04/2017 ,tors Pollution Liability: Made to Limit: 2,000,000 ntractors Pollution Condition Limit: 2,000,000 Tonal Liability: to Limit: 2,000,000 ofessional Services Incident Limit: 2,000,000 General Liability Conditions: ductible Liability Endorsement clusion - Testing or Consulting Errors and Omissions tal Pollution Exclusion Endorsement ditional Insured - Owners, Lessees or Contractors - Scheduled Person or Organization elusion -Violation of Statutes that Govern Emails, Fax, Phone Calls or her Methods of Sending clusion - Punitive or Exemplary Damages ended Waiver of Subrogation clusion - Engineers, Architects or Surveyors clusion - Exterior Insulation and Finish Systems clusion - Professional Services imary/Non-Contributory Coverage -Blanket - When req. by written contract ditional Insured - Managers or Lessors of Premises xic Drywall Exclusion dependent and/or Subcontractor Restriction Pollution Liability (Claims -Made) Conditions: tional Insured - Owners, Lessees or Contractors (Broad Wording) ded Waiver of Subrogation c Drywall Exclusion sional Liability Conditions: or Terrorism Exclusion tional Insured - Owners, Lessees or Contractors & Machinery / Protection & Indemnity: and Conditions applicable to All Sections: bility rms and Conditions applicable to Hull: I. Coastwise and Inland Hull Clauses liberage Damage (Pollution Hazard) gines & Machinery - ACV / Limited Perils Only Lay Up Warranty Release to Tower Warranty aworthiness Clause tal Loss Hull Premium Earned Clause ssel Stability