Item C30BOARD of COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Januga
19 2011
Division:
Administration
Bulk Item: Yes X
No
Department:,
Project Management
Staff Contact Person/Phone #: Jerry Barnett X4416
AGENDA ITEM WORDING,: Approval of a contract with Bella Construction Of Ivey west, Inc., for
the replacement of the Perimeter Fencing at the west Martello Towers.
ITEM BACKGROUND: on September 1, 2010, a bid opening was held for the Vest Martello Fence
Replacement project with all three contractors submitting bids that were over the budget. All three bids
were rejected and after a revision in the scope of work, Bella Construction submitted a bid under
$25,900.00. Project Management solicited proposals to four contractors, Bella Construction was the
only contractor to respond. Two contractors declined to bid, and one failed to respond.
PREVIOUS RELEVANT BOCC ACTION., On May 19, 2010, the BOCC approved a Contract for
Professional Services with Bender & Associates Architects, P.A., for the Design through Contract
Administration for the Replacement of the Perimeter Fencing at the west Martello Towers. On
November 17, 20 10, the BOCC approved to reject the bids (of September 1, 2010) and approved to re-
design.
CONTRACT/AGREEMENT CHANGES: N/A.
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $24 460.00 INDIRECT COST: BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE*
COST To COUNTY, $2 460.00
REVENUE PRODUCING: Yes No
NIA
SOURCE OF FUNDS: TDC
AMOUNT PER MONTH Year
• rch asi n Risk Management
APPROVED BY. County Atty 0 u g g
DOCUMENTATION. Included. X Not Required
DISPOSMON.,
Revised 7109
AGENDA ITEM H
MONROE COUNTY BOARD of COUNTY CON[MIS SIONERS
CONTRACT SLTA4MARY
Contract with: Bella Construction Contract #
Effective Date: 01/19/11
Expiration Date:
Contract Purpose/Description:
To replace the erimeter fencing at the West Martello Towers
Contract Manager: Ann Riger X4439 Facilities Devel/Stop #1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 01/19/11 Agenda Deadline: 01/04/11
CONTRACT COSTS
Total Dollar Value of Contract: $ 241)460.00 Current Year Portion: $ 2410460.00
Budgeted? Yes® No H Account Codes: 117-77040-530340-TM07668X-530340
Grant: $ NIA - - - -
County Match: $ NIA - - - -
Lated Ongoing Costs: $ncluded in dollar value above
ADDITIONAL COSTS
/yr For:
[eg. maintenance, utilities, janitori
CONTRACT REVIEW
Change:
Dat Needed
Division Director /P-11 YesO No
Risk Manage ent I �� i � Yes No,
e3u.'
O.M.B./Purcfia'singol IO Lk L 11 Yes❑ No
County Attorney C � Yes[:] No
Comments:
OMB Form. Revised 2/27/01 MCP ##2
salaries, etc.)
Date Out
WEST MARTELLO FENCE REPLACEMENT AGREEMENT
This AGREEMENT dated the 19th of danua , 20113 is entered into by and
between MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ("County') and
FELLA 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 hid 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 0' tali 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 test 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.
Contract Sum
The contract sum is Twenty Four Thousand Four Hundred Sixty Dollars and 001100
($24,460.00). County shall make progress payments upon a proper invoice submitted
by the Contractor. A 10% reta inage 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 viithin 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 Harmlesslindemnification
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 COU NTY'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,
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 Contractors 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 terra of this Agreement
by or between any of therm 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,
3
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.
ej 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) Maims 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.
0 Coo0eration. 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
ether 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.
H
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 (FL 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 llability 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 laves, 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 lave 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 therm, 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.
L�
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 ratter 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 DBEfs have the opportunity to compete and perform contracts. The
County and contractor and subcontractors shall not discriminate on the basis of race,
BALANCE of RAGE 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.
IN WITNESS WHEREOF, each party caused this Agreement to be executed by its duly
authorized representative on the day and year first Witten above.
SEAS.. BOARD of COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk Mayor/Chairman
(SEAL) CONTRACTOR
Attest: BELLA CONSTRUCTION OF KEY WEST, INC.
od
y• y:
Print Name: vv Print Natne:
Title: ' C e, r Title:11 cy=a
s
Date:
And
Title:
Date:
Date: I Z. b
1ApNR E COUNTY ATTORNEY
OV D AS TO IF rj��
- --- a::2�
ABS13'FAWOO) TY Ai"fORNF-Y
at
STATE OF FLORIDA
COUNTY OF t-OtOvIrte
On this da} �of � �, before me, the undersigned notary public, personally appeared
� k> � known to to be the person whose name is subscribed above or who
Pro ced N� as identification, and acknowledged that he/she is the person
who executed th-above contract with Monroe County for the Replacement of the Perimeter Fencing at
the we s in Key West, for the purposes therein contained.
mrim
.
Notary Public f�,�.�4
t.J�-Gj 6 fie- My commission expires: � " �—t "
Print Name
%+,►,Yy,,_ RACHEL BASHORE
MY COMMISSION # DD 979254
�• '�: EXPIRES: May 14, 2014
": ''•••'�; ! Banded Thar Notary Public Underwriters
8
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit
a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real
property to public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or 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:
bo 116( C0)q5+Nr(,KC.�N o Wes t�Dj C
-
(Name of Business)
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
wi11 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 subsection (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 polo 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 conunwnuity, or any employee who is so convicted,
6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this
section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
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-
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$idd S Signature
Date
OMB - MCP#5
SWORN STATEMENT INI)ER ORDINANCE NO. 10- 1990
MONROE COUNTY FLORIDA
ETHICS CLAUSE
2 C aa V r- -t-L-C- - J) 0-warrants that he/it has not employed, retained
or otherwise had act on his/its behalf any fon ner 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, tcrminate 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,
conunission, percentage, gift, or consideration paid to the former County officer or employee.
(signature)
Date:- 1 3 I
STATE OF _ T71 O ri
COUNTY OF KOnY-Oe
PERSONALLY APPEARED BEFORE ME. the undersigned authority,
r who, after first being sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this Clay of
�Ltvwav�j ,zol� .
NOTARY PUBLIC
My corrunission expires: '5 [L,( O
OMB - tVICP FORM #4
�L��111/lI�I
�•`' ' Y p`' RACHEL BASNCRE
MY COMMISSION # DD 979254
•,Q ' F►;°:�4' EXPIRES: May 14, 2D14
t Sand
�►; d Thru Notary Public Underwriters
Exhibit T'A:v
"is COM of Koy W"% Inc*
CGC 15182"
1111 us I Box 110
Roddand Key, FL 33040
4fo (305) -WO
Fax (305) 292-OW
PROPOSAL
e; Novembr3012010 PropOs 111
To: Monme county, Prged Mar" Fmm: Sri" Wofty
Aft Mke Nalepa Re: Wed Fence Pmjod
RevlaW Fendng Pians-
F.rret- ne$ew-inkegbmw AM 190LF of A um#nprn F--r-CM1-0
d icy Nest, Inc is to qwW ft sum of 24# to pvAds al , labor, mr�,
&Ri nup tocwnpleto theabovereferenced projet
As peer aw 1eat 'Tc ers of Pe r Fat FMnV"' mad 11 110 dAW by
Bender A � P.A. In adder to our Site tW opt No�ber 19dt, 2010, �d R ofMe
f
Mw by Odds
Form (29) 2C x 24'` x I r deem Foe s
MU 0 P* Vapor 8r unftr ALL F� to emm i� � Historic Fort Four4ofto
Fern , I� a ppoft (3) #6 Relnfaft Sty B$rs Way per Cars Footer
Pump, Phe aed Finish (29) i�� Fool's use 4,o0a phi R
Strfp and Remove C4xxmke F
Fate 190 LF of Aluminum Fence and Poeft (MabdW toter Aluminum ABoy 345)
Fence Pals to be Thme RaM ftle wig Two Upper Refs and One Low ReW
#ems tv be 1-Ur x 142* x 1W
Ag Pickets to be UC Square wNh Pressed Spear Tops
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Al F� be 3 �ehick� PoorftAhMA
, Bit in Cow
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Perm* Fps, Eng' Feess, Sal To Teeft Tefmfte Pi atecUont tine Ferns Domdftn!
Dispoaat, Bxis# Foot r Reawra#, Fil ILU Ierri 1-1 and any odw Item mA 1sWd ate...
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9 Wafsey
Bella Conshudion of Key West, inc.
s1 �lz�
2005 Edition
Exhibit «B"
WOR ERS' CO PENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT: 'vest Martello Fence Replacement
BETWEEN
MO ROE COUNTY9 FLORIDA
AND
Bella Construction of Ivey 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
tharx:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
S 1002000 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 Cont7ractof s 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 Contractor's Excess Insurance Prograrn.
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
Admint'snaciun Instruction
#7500
2005 Edition
GENERAL LIABILITY
INSURANCE REQUIREMENT'S
FOR
CONTRACT: west Martello Fence Replacement
BETWEEN
MONROE COUNTY, FLORIDA
AND
Bella Construction of Key wests 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:
a Premises Operations
0 Products and Completed Operations
Blanket Contractual Liability
• Personal Injury Liabili
Expanded Definition o Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minirnum limits acceptable shall be:
$1003000 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
0 2} 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.
OL1
Administration lnstmction
#7500
2005 Edition
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT: 'west Martello Ferree Replacement
BETWEEN
MONROE COUNTY, FLORIDA
AND
Bella Construction of Kerr 'Nest, Inc.
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the conunencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a mirdmum, liability coverage for:
■ Owned, Non -Owned, and Hired Vehicles
The minimum lhnits acceptable shall be:
$100,000 Combined Single Limit (CSL)
If split limits are provided, the mim"mum limits acceptable shall be:
$ 50,000 per Person
$100,000 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.
VIA
Administration Instruction
#7500
?�� CERTIFICATE OF LIABILITY INSURANCE `"""°°'"""
8/31/2010
PRODUCER (94I) 723--1400 FM: (941) 723--144D
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Heritage Insurance Services
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1009 10th Avenue West
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Palmetto FL 34221
I
'INSURERS AFFORDING COVERAGE NAIL #
INSURED
' First Mercury Insurance
:INSURER A: �
BE LLA CONSTRUCTION OF KEY WEST, INC.
r INSURER B:
111 US Highway 1
; INSURER C:
Box 110
INSURER D:
Key West FL 33040
' INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO
THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
TERM OR CONDITION OF ANY CONTRACT OR
OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
ANY REQUIREMENT,
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OPSUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
`
INSR ADD'L POLICY NUMBER
LTR INSRD TYPE OF INSURANCE
POLICY EFFECTIVE POLICY EXPIRATION' LIMITS
DATE MMIDD DATE MMIDD
GENERAL LIABILITY
EACH OCCURRENCE $ 11000,000
COMMERCIAL GENERAL LIABILITY
DAMAGE TO RENTED
_ = PREMISES (Ea occurrence) 1 00,000
A CLAIMS MADE ;OCCUR FMGAnO1318
219I2 D1 B 2 l 9 /2 011 MED EXP (Arty one person) S 5 , 000
PERSONAL & ADV INJURY 'S 110 0 O, B 0 O I
I
GENERAL AGGREGATE $ 2, D O O, O aC
GEN'L AGGREGATE LIMIT APPLIES PER::
r
PRODUCTS - COMP/OP AGG S 21000,000
,
K PRO- ' LOC i
POLICYJECI
AUTOMOBILE LIABILITY
I
COMBINED SINGLE LIMIT $
(Ea accident)
ANY AUTO
E
ALL OWNED AUTOS
BODILY INJURY -S
I (Per person)
SCHEDULED AUTOS
HIRED AUTOS
BODILY INJURY $
(Per accident)
NON -OWNED AUTOS
PROPERTY DAMAGE S
I (Per accident)
GARAGE LIABILITY
y AUTO ONLY - EA ACCIDENT S
AI
ANY AUTO
OTHER THAN EA ACC $
! ; AUTO ONLY: AGG 5
EACH OCCURRENCE $
LA LIABILITY
EXCESS I UMBRELLA
j ;
.
OCCUR 0CLAIMS MADE
I
i ! AGGREGATE $
'
! •$
## $
I
DEDUCTIBLE
F
i
t
RETENTION $
WC STAT O
WORKERS COMPENSATION •
j TORY LIMITS : ERR ;
AND EMPLOYERS' LIABILITY YIN!
4 ' E.L. EACH ACCIDENT $
ANY PROPRIETORIPARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? +
LT
# E.L. DISEASE - EA EMPLOYEE S
(Mandatory in NH)
I $
If yes, describe under
_ E.L. DISEASE - POLICY LIMIT
SPECIAL PROVISIONS below
OTHER
'
I
E
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS 7 Waiver of
insured as required by written contract (Cox GZ 50 1}
Certificate Holder is added as an additional
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 -- Rey West
CANCELLATION
CERTIFICATE HOLDER
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Monroe COunt 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 -213
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
Key We s t r FL 33040
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
David Clements/LINDSA
01988-2009 ACORD CORPORATION. All rights reserved.
2
ACORD 25 (��009t0'l )
ACOR
and logo are registered marks of ACORD
(zao� The ACORD name
AC OR ry CERTIFICATE OF LIABILITY INSURANCE
1 8/31/2010
PRODUCER
Affiliated Agency Ops
16 South River Street
Wilkes-Barre, PA 18702
Tel: (800) 673-2465 Fax: (570) 820-7968
THIS CERTIFICATE IS ISSUE❑ AS A MATTER. OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THg CDV RAGE AFFQROED BY THg Pj2UC1r=S. SELOW.
INSURERS AFFORDING COVERAGE
NAII.. Yr
IMSURED
Employee Leasing Solutions, Inc.
Phone: (941) 746-6567
1401 Manatee Ave W. Suite 600
Bradento FL 34205
a
R
INSURER C:
INSURER Ix
IN§WBM
COVERAGES
THE POLICIES OF INSURANCE L.ISTEO 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 'rQ ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN RMUCEID BY PAID CLAIMS.
INSR ADO L POLICY EFFECTIVE POLICY EXPIRATION
LTR INSRO TYPE OF INSURANCE POLICY NUMBER DA 1AMID I]ATE MMlIaD :MIT3
GENERAL LURI3iL(iY EACH OCCURRENCE S
DARAUK To MORTE-D
COMMERCIAL GENERAL LIABILITY__j
CLAIMS MADE ED OCCUR
PERSONAL & AUV tNJUAY
GENERAL AGGREGATE S
GEM AGGREGATE LIMIT APPLIES PER:
PRO-
Pnl u:Y
AUTOMORILE LtAsILI Y COMBINED SINGLE LIMrr S
. � acctd�ty
ANY AUTO
ALL OWNED AUTOS BODILY INJURY S
IPW Pow)
SC4WUtLED AUTOS
WIRED AUTOS BODILY MURY S
(Pear noddent)
NON -OWNED AUTOS r
PROPERTYDAMXGF_
AUTO ONLY- F-A ACCIOENT S
GARAGE UASILITY
EA
ANY AUTO OTHER THAN ACC S
AUTOONLY: a,
•'� EACN OCCURRENCE 5
L?CCESS/UM8RF_LLA UAE3 LrTY
OCCUR CLAIMS MADE AGGREGATE S
S
• S
DEDUCTIBLE
R£i' MON S 5
WC srATu- 4Tt•r-
WORKERS COMPENSATION ANO • TDRY LIMITS E=R
EMPLOYERS' IJAMUTY
E.L. EACH ACCIL?CW 5 i.a00.404
A AKY PROIRIV0fb`PARzr cEC E.L. alsEAs>~ -EA EMPLOYEE s �.D ,flao
OFFICERrMEMBERiEXCLUDED? YES E[11i1111C'� �99�`� IQ i o 0 I ! ��I
tf s.do3enboumlor EL DISEASE - POLICY LIMIT S 1,003.E
SI [:IN nv tx
OTHER Valid in the State of Florida
client ID: #4840008
DESCRIPTION OF OPERATIONS t LOCATIQNs I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
COVERAGE APPLIES ONLY TO THOSE EMPLOYEES LEASED To BUT NOT SUBCONTRACTORS OF:
Coverage is Limited to Leased r:mployees of Bella Construction of Key West Inc.
Sella Construction of Key West Inc is afforded Workers Compensation and Employers Liabliity as a co
�empiayer
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
CERTIFICATE HOLDER CA�fGELLATI��i
",• SMOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEL,LEa BEFORE: THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER Vnu.'*No>ravoR To MAIL 3Q .. DAYS wwTT-=N
NOTIOE To THE CERTIFICATE HOLDER NAIYlEI7 TO THE LEFT, PUT FAILURE 7a DO s0 SHALL
Monroe County Board of County Commissioners
1100 Simonton Street IMPOSE NO OBLIGATION OR LIABIuTY OF ANY KIND UPON THE INSURM ITS AGENTS OR
FMPMENTATWES.
Key West, FI 33040 AUTHORIZED REPRESENTATI
�'CRS �5 aa�in$ ACORD CORPORATION � 9SS
A� )
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
a
not enforce our right against the person or organization name in the schedule. (This agreement applies
onlyto the extent that you perform work under a written contract that requires you to obtain this agreement �.
Y •V
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#484OQCS
Certificate folder to Whom Waiver is Applicable:
Monroe County Board of County Commissioners
r" 1100 Simonton Street
Key Vilest, F1 33040
Coverage is Limited to Leased Employees of Bella Construction of Key Vilest Inc.
Bella Construction of Key West Inc is afforded Workers Compensation and Employers Uabliity as a co -employer
under a policy with F=mployee 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 011O112O10 Policy No. EMWC'I09947 Endorsement 55
Insured Employee Leasing Solutions, Inc. PREMIUM$ NIA
Ok
Affiliated Agency Ops Countersigned by _ {
DATE OF ISSUE: 01/0112010
L
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 Park 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 altemate employer with any government agency.
We will not ask any other insurer of the altemate 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 altemate employer.
The policy may be canceled according to its terns without sending notice to the alternate employer.
Part Four (Your Duties If lnjury Occurs) applies to you and the alternate employer. The alternate employer
--- Wi,; recognize our -right to defend under Pa�fts One and T w a�nu oui right �� inspect�uII I' Part �i^.
Sch.edu ie
14. Alternate Employer Address
Bella Construction of Key West Inc 111 US Highway 1 #110
Key Nest FL 33040
2. state of Special or Temporary Employment.
Florida
3. Contract or Project
Monroe County Board of County Commissioners
11 g0 Simonton Street
Key divest, FI 33040
Coverage is Limited to Leased Employees of Bella Construction of Key west Inc.
Bella Construction of }fey 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 Vilest, Florida
This endorsement changes the policy to whim 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. PREMIX.. M$ NIA
Client: Bella Construction of Key vest Inc ,
Affiliated Agency Ops Countersigned by
DATE OF ISSUE: 01101/2010
` L:" T ,4TE (TUE) AUG 31 2010 15 : 2MT. 15 : 22/No. E82S 8 0H Y
` . = --�
- D,, CERTIFICATE OF LIABILITY INSURAN E >�A���I�)
08l3111 0
ICI ER THIS C EKnFRCATE !S ISSUED AS A MATTER OF I N FC R MATl6N
MI Group 1 Afttate insurance Company ONLY ARID CONFERS NO RIGHTS UPON THE CERTIFICATE
9560 Ski 107 Avenues Suite #203 "OLDER. Tests CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE P0LtCIES BELOW.
Miami, FL 33176
INSURERS AFFORDING COVERACE
INSURED ...._.._. _ _ ._. � INSURER A: A k§_ p!k Irq q rQpp ny �.._.. ..
[Sella Construction of Key West, In1~- e:
1 I I US Highway 1, Box 110 . INWRER Q
Ivey West, FL SIM � INSURER a:
INSURER E:
COVERAGES
THE PCLIOIE$ 09 INSUAANCE LI$`1"El3 I$ELOW HAUL; SIESN ISSUED TO THE sIN$UAEO NAMED Ag011E FOR THE POLICY PERIOD INDICATED_ NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTTER DOCUMENT WITH RESPECT TO WHICH THtS CERTIFICATE MAY BE IS$UED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. ACCRECATE LIMITS $NOUN MAY HAS BEEN AeOUC_ EiD SY PA10 CLAIMS,
IN8RLTR TYPE OP fiNS4lRA!=tCf P441CY NVM@6R ..«.� POLICY EFFECTIVE POUCY EXPIRATION � L011740 .
1;0iekm. LIAWLITY EACH OCCURRENCE.-.. S
_
COMMEROiAL GENERAL LIkEKITY FIRE DAMAGE orm An S
CLAIMS MADE �. �' i OCCUR I MED EXP JMy one
1 ..._• •._..._ .__. w ___
GEN'L AGGREGATE LIMIT APPLIES PER;
POLICY PRO-
E] JEa LOCI
AVT0b MLr; LIA UJYV
ANY AUTO (913963461
ALL OWNED ,AUTOS
A I SC1EpULOV AVTO$
i HIRED AUTOS
c NON -OWNED AUTO I
GARA" [!ABILITY
IANY AUTO
EXC>E42 L1ABRAY
c
OCCUR CLAIMS MADE
' �7I~OUsrT'�BI.>T
RETENTION $
WORKERS COMPENSATION AND
EMPLOYERS' LIAINLITY
I
OTHr;t
PERSONAL & ADV INJURY
S
$
• GEN€PAL AGM-ECATE
S
1 PRCOUCTS - !rQAAP1 ?P AOG
3 COMBINED SINGLE LIMIT
03/03/2010
S
03103/2011 ' (ER �cdda�t� � �40��D�
SOMY INJURY �
(Par paiw)
' B1.Y IN,illftY
(Far aa�t]_-
_
PROPERTY OAMAGE
s Por accident
AUTO ONLY - EA ACCIDENT 3
OTHER THIN EA ACC S
AUTO ONLY.- AGG $
EACH OCCURRENGE_... _.._ ._. _..
AGGREGATE $
r_ $ ._.
$
ANC STATLt. I I DTH-
DE SCRtFTi4li OP AnI>NS� rioNsrveHIC4E CLuMNS ADDED dWY ENDOSM"S"C" Ma"
Add Aionel Coverag : $5000 Meth cal Payments and Pip
Jobalte: West I4'Iarte110 Fence Project - Key WO$t
1 E.L EACH ACCIDENT
E.L. DISEASE - EA r=MPLOYEE 3
E.L. DISEA19-1*L10y f, U1'i S
HCLDEFt IT �MM MU MISURM' Mu> I.I,-TEI ' A CA,N CELLATivr�
CERTIFICATEal�lyw»v Y T AB m POLICIES Ba �►►1 I.LLas b: E era* rx�IR►►TtaN
Monroe � I ;our B I�t104` Go+�ltiiy arx�mi nerS DATa n111119 .TIC MMMg pMMM will ElW19A� T* 1�>,
10 �ar� wwrrTE�+
c �
1100 Simc)n#on
Teed, ROOM 1-213 NOTICE MATE MOLDER NAMED TO TIN LEFT, "'r FA'LVRE To DO 94 S#iALL
0 T 611 Oil l� Or AWy 1�jW Upon To INSultM ITS AGENTS OR
�{�3t } i�
ACGR "D CORPORATION i e8$
, CORD 25-S (V97)