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Item C25
BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 21, 2012 Division: County Administrator Bulk Item: Yes Department: Airports Staff Contact Person/Phone #: Peter Horton, 809-5200 AGENDA ITEM WORDING: Approval of a Contract with Bella Constriction of Key West, Inc. for the constriction of the Elevator for Baggage Make Up Area at the Key West International Airport. ITEM BACKGROUND: Following the Bid Opening on October 12, 2011, a contract was negotiated with the low bidder for this project, and is attached for approval. PREVIOUS RELEVANT BOCC ACTION: November 16, 2011 - 417-11 - Approval to award bid to, and to negotiate a contract within the project budget, with Bella Constriction for the Elevator for Baggage Make -Up Area at the Key West International Airport. CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATION: Approval TOTAL COST: $247,750.00 INDIRECT COST: NA BUDGETED: yes DIFFERENTIAL OF LOCAL PREFERENCE: NA COST TO COUNTY: None SOURCE OF FUNDS: FAA/airport operating COST TO AIRPORT: $32,500 COST TO PFC: None REVENUE PRODUCING: Yes No X AMOUNT PER YEAR: NA APPROVED BY: County Attorney X OMB/Purchasing X DOCUMENTATION: Included X Not Required Risk Management X DISPOSITION: AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Bella Effective Date: issuance of bldg. permit Expiration Date: 120 days Contract Purpose/Description: Elevator for Baggage Make Up Area Contract Manager: Peter Horton # 5200 Airports - Stop # 5 (name) (Ext.) (Department/ Stop) for BOCC meeting on: September 21, 2012 Agenda Deadline: September 4, 2012 Total Dollar Value of Contract: $247,750 Budgeted? Yes Grant: 37-46 Airport Match: Estimated Ongoing Costs: n/a (not included in dollar value above) CONTRACT COSTS Current Year Portion: $0 Account Codes: TBD upon execution of FAA grant 404- $292,500 (90% FAA) 404-63002-560640 - $ 32,500 (10% match) ADDITIONAL COSTS For: (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date In Needed Yes No Airports Director / / 12 ( ) (yet Risk Management 1:361 ( ) O.M.B./Purchasing /k�/Jcz ( ) County Attorney / L / ` ( ) ( ) Comments: Reviewer Date Out ete7r Ho n t ask Management nwk!t , fo6bMBA& ff W&CID,6jW�, fr / for County Attorney 'Leis] Z H2,� [off] z III . PUBLIC CONSTRUCTION BOND ............................................................ 11-2 - CERTIFICATE OF OWNER'S ATTORNEY (N/A) ................................... 11-12 . ACKNOWLEDGMENT FOR CHANGE ORDERS ................................... 11-13 . CONTRACT ............................................................................................ 11-14 CONTRACT NEW BAGGAGE ELEVATOR #4 KEY WEST INTERNATIONAL AIRPORT y this Bond, We as Principal, whose principal business address is I as corporation, as Surety, are bound to Monroe County hereinafter called County, in the sum of U.S. Dollars $ (Minimum 100% of total bid amount) for payment which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the contract dated 2011 between Principal and County for construction of ELEVATOR FOR BAGGAGE MAKE UP AREA, the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract. 2. Promptly make payments to all claimants, as defined in Section 255.05 (1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, which is made a part of this bond by reference, and in the times and in the manner prescribed in the Contract; and underC Pays the County all losses, damages, expenses, costs and attorneys fee including appellate proceedings, that County sustains because of a failure by Princip _ Contract; • 4. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this Bond is void; otherwise it remains in full force. This bond is subject to the provisions of Section 255.05, Florida Statues. Any changes in or under the Contract Documents and compliance or non-compliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Bond of contractor constructing public buildings; form; action by materialmen (Florida . • (1)(a) Any person entering into a formal contract with the state or any county, city, or political subdivision thereof, or other public authority or private entity, for the construction of a public building, for the prosecution and completion of a public work, or for repairs upon a public building or public work shall be required, before commencing CONTRACT 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 11-2 KEY WEST INTERNATIONAL AIRPORT the work or before recommencing the work after a default or abandonment, to execute, deliver to the public owner, and record in the public records of the county where the improvement is located, a payment and performance bond with a surety insurer authorized to do business in this state as surety. A public entity may not require a contractor to secure a surety bond under this section from a specific agent or bonding company. The bond must state on its front page: the name, principal business address, and phone number of the contractor, the surety, the owner of the property being improved, and, if different from the owner, the contracting public entity; the contract number assigned by the contracting public entity; and a description of the project sufficient to identify it, such as a legal description or the street address of the property being improved, and a general description of the improvement. Such bond shall be conditioned upon the contractor's performance of the construction work in the time and manner prescribed in the contract and promptly making payments to all persons defined in s. 713.01 who furnish labor, services, or materials for the prosecution of the work provided for in the contract. Any claimant may apply to the governmental entity having charge of the work for copies of the contract and bond and shall thereupon be furnished with a certified copy of the contract and bond. The claimant shall have a right of action against the contractor and surety for the amount due him or her, including unpaid finance charges due under the claimant's contract. Such action shall not involve the public authority in any expense. At the discretion of the official or board awarding such contract when such work is done for any county, city, political subdivision, or public authority, any person entering into such a contract which is for $200,000 or less may be exempted from executing the payment and performance bond. In the event such exemption is granted, the officer or officials shall not be personally liable to persons suffering loss because of granting such exemption. Any provision in a payment bond furnished for public work contracts as provided by this subsection which restricts the classes of persons as defined in s. 713.01 protected by the bond or the venue of any proceeding relating to such bond is unenforceable. (b) The Department of Management Services shall adopt rules with respect to all contracts for $200,000 or less, to provide: 1. Procedures for retaining up to 10 percent of each request for payment submitted by a contractor and procedures for determining disbursements from the amount retained on a pro rata basis to laborers, materialmen, and subcontractors, as defined in s. 713.01. 2. Procedures for requiring certification from laborers, materialmen, and subcontractors, as defined in s. 713.01, prior to final payment to the contractor that such laborers, materialmen, and subcontractors have no claims against the contractor resulting from the completion of the work provided for in the contract. The state shall not be held liable to any laborer, materialman, or subcontractor for any amounts greater than the pro rata share as determined under this section. (c)1. The amount of the bond shall equal the contract price, except that for a contract in excess of $250 million, if the state, county, municipality, political subdivision, or other public entity finds that a bond in the amount of the contract price is not reasonably CONTRACT 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 11-3 KEY WEST INTERNATIONAL AIRPORT -.vailable, the public owner shall set the amount of the bond at the largest amount reasonably available, but not less than $250 million. 2. For construction -management or design -build contracts, if the public owner does not include in the bond amount the cost of design or other nonconstruction services, the bond may not be conditioned on performance of such services or payment to persons furnishing such services. Notwithstanding paragraph (a), such a bond may exclude persons furnishing such services from the classes of persons protected by the bond. (2)(a)1. If a claimant is no longer furnishing labor, services, or materials on a project, a contractor or the contractor's agent or attorney may elect to shorten the prescribed time in this paragraph within which an action to enforce any claim against a payment bond provided pursuant to this section may be commenced by recording in the clerk's office a notice in substantially the following form: -It 6, low*] A 11501 a 0 9 Op, FATI 1 JJ�JQA I WRIANQ You are notified that the undersigned contests your notice of nonpayment, dated I and served on the undersigned on and that the time within which you may file suit to enforce your claim is limited to 60 days after the date of service of this notice. DATED on I Signed: (Contractor or Attorney) CONTRACT 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 11-4 KEY WEST INTERNATIONAL AIRPORT recent amendment thereto and shall certify to such service on the face of such notice and record the notice. Service is complete upon mailing. 2. A claimant, except a laborer, who is not in privity with the contractor shall, before commencing or not later than 45 days after commencing to furnish labor, services, or materials for the prosecution of the work, furnish the contractor with a written notice that he or she intends to look to the bond for protection. A claimant who is not in privity with the contractor and who has not received payment for his or her labor, services, or materials shall deliver to the contractor and to the surety written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. The notice of nonpayment may be served at any time during the progress of the work or thereafter but not before 45 days after the first furnishing of labor, services, or materials, and not later than 90 days after the final furnishing of the labor, services, or materials by the claimant or, with respect to rental equipment, not later than 90 days after the date that the rental equipment was last on the job site available for use. Any notice of nonpayment served by a claimant who is not in privity with the contractor which includes sums for retainage must specify the portion of the amount claimed for retainage. No action for the labor, materials, or supplies may be instituted against the contractor or the surety unless both notices have been given. Notices required or permitted under this section may be served in accordance with s. 713.18. A claimant may not waive in advance his or her right to bring an action under the bond against the surety. In any action brought to enforce a claim against a payment bond under this section, the prevailing party is entitled to recover a reasonable fee for the services of his or her attorney for trial and appeal or for arbitration, in an amount to be determined by the court, which fee must be taxed as part of the prevailing party's costs, as allowed in equitable actions. The time periods for service of a notice of nonpayment or for bringing an action against a contractor or a surety shall be measured from the last day of furnishing labor, services, or materials by the claimant and shall not be measured by other standards, such as the issuance of a certificate of occupancy or the issuance of a certificate of substantial completion. (b) When a person is required to execute a waiver of his or her right to make a claim against the payment bond in exchange for, or to induce payment of, a progress payment, the waiver may be in substantially the following form: MID undersigned,The in considerationof the sum of $_, hereby waives against the payment bond for labor, services, or materials furnished through (insert CONTRACT 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 11-5 KEY WEST INTERNATIONAL AIRPORT �*FIMJ A Forz 0 a I- "I This waiver does not cover any retention or any labor, services, or materials furnishet' after the date specified. (c) When a person is required to execute a waiver of his or her right to make a clairr. against the payment bond, in exchange for, or to induce payment of, the final payment, the waiver may be in substantially the following form: The undersigned, in consideration of the final payment in the amount of $ , hereby waives its right to claim against the payment bond for labor, services, or materials furnished to (insert the name of your customer) n the job of (insert the name of the owner)-, for improvements to the following described project: (description of project) DATED ON IMMMMI (d) A person may not require a claimant to furnish a waiver that is different from t forms in paragraphs (b) and (c). I #)n payment of the check. CONTRACT 12638320 NEW BAGGAGE ELEVATOR #4 9 z (5) In addition to the provisions of chapter 47, any action authorized under this section may be brought in the county in which the public building or public work is being constructed or repaired. This subsection shall not apply to an action instituted prior to May 17, 1977. (6) All payment bond forms used by a public owner and all payment bonds executed pursuant to this section by a surety shall make reference to this section by number and shall contain reference to the notice and time limitation provisions in subsection (2). (7) In lieu of the bond required by this section, a contractor may file with the state, county, city, or other political authority an alternative form of security in the form of cash, a money order, a certified check, a cashier's check, an irrevocable letter of credit, or a security of a type listed in part II of chapter 625. Any such alternative form of security shall be for the same purpose and be subject to the same conditions as those applicable to the bond required by this section. The determination of the value of an alternative form of security shall be made by the appropriate state, county, city, or other political subdivision. (8) When a contractor has furnished a payment bond pursuant to this section, he or she may, when the state, county, municipality, political subdivision, or other public authority makes any payment to the contractor or directly to a claimant, serve a written demand on any claimant who is not in privity with the contractor for a written statement under oath of his or her account showing the nature of the labor or services performed and to be performed, if any; the materials furnished; the materials to be furnished, if known; the amount paid on account to date; the amount due; and the amount to become due, if known, as of the date of the statement by the claimant. Any such demand to a claimant who is not in privity with the contractor must be served on the claimant at the address and to the attention of any person who is designated to receive the demand in the notice to contractor served by the claimant. The failure or refusal to furnish the statement does not deprive the claimant of his or her rights under the bond if the demand is not served at the address of the claimant or directed to the attention of the person designated to receive the demand in the notice to contractor. The failure to furnish the statement within 30 days after the demand, or the furnishing of a false or fraudulent statement, deprives the claimant who fails to furnish the statement, or who furnishes the false or fraudulent statement, of his or her rights under the bond. If the contractor serves more than one demand for statement of account on a claimant and none of the information regarding the account has changed since the claimant's last response to a demand, the failure or refusal to furnish such statement does not deprive the claimant of his or her rights under the bond. The negligent inclusion or omission of any information deprives the claimant of his or her rights under the bond to the extent that the contractor can demonstrate prejudice from such act or omission by the claimant. The failure to furnish a response to a demand for statement of account does not affect the validity of any claim on the bond being enforced in a lawsuit filed before the date the demand for statement of account is received by the claimant. • • . .. . - -I im CONTRACT 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 II-g KEY WEST INTERNATIONAL AIRPORT against the public authority on any contract claim arising from breach of an express provision or an implied covenant of a written agreement or a written directive issued by the public authority pursuant to the written agreement. In any such suit, the public authority and the contractor shall have all of the same rights and obligations as a private person under a like contract except that no liability may be based on an oral modification of either the written contract or written directive. Nothing herein shall be construed to waive the sovereign immunity of the state and its political subdivisions from equitable claims and equitable remedies. The provisions of this subsection shall apply only to contracts entered into on or after July 1, 1999. (10) An action, except an action for recovery of retainage, must be instituted against the contractor or the surety on the payment bond or the payment provisions of a combined payment and performance bond within 1 year after the performance of the labor or completion of delivery of the materials or supplies. An action for recovery of retainage must be instituted against the contractor or the surety within 1 year after the iawaw" TA iwN 6_31 Mowl 1111VI"I 001 in IINVA otolser-A lotcg Ito Ims so I (a) The public entity has paid out the claimant's retainage to the contractor, and the time 'trovided under s. 218.735 or s. 255.073(3) for payment of that retainage to the claimant has expired; 11 a - - 9 . a - I lot__21111;X4P_T4J 1W1,10*01 Nis 192 1 - 11 - a �2011effll (c) At least 160 days have passed since reaching substantial completion �'d ?f ttG construction services purchased, as defined in the contract, or if not define in tilli contract, since reaching beneficial occupancy or use of the project. (d) The claimant has asked the contractor, in writing, for any of the following informaticl 2nd the contractor has failed to respond to the claimant's request, in writing, within 1 tays after receipt of the request: 1. Whether the project has reached substantial completion, as that term is defined in the contract, or if not defined in the contract, if beneficial occupancy or use of the project has occurred. 2. Whether the contractor has received payment of the claimant's retainage, and if s the date the retainage was received by the contractor. i 3. Whether the contractor has sent its final payment request to the public entity, and if so, the date on which the final payment request was sent. If none of the conditions described in paragraph (a), paragraph (b), paragraph (c), or paragraph (d) is satisfied and an action for recovery of retainage cannot be instituted within the 1 -year limitation period set forth in this subsection, this limitation period shall be extended until 120 days after one of these conditions is satisfied. CONTRACT 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 11-9 KEY WEST INTERNATIONAL AIRPORT Principal agrees to record this Bond in the Official Records for Monroe County before•the work•thisBond. Dated on 2011 Address: Claims against this Bond are subject to the notice and time provisions set forth in Section 255.05, Florida Statutes. In accordance with the provisions of Section 255.05, Florida Statutes, the Contractor shall provide • the County a hundred 11 percent Performance Bond and a hundred 11 percent Laborand Material Payment B• • each in an amount not ess than the total construction HTA • r • •. • • • • • •'a 1. The Surety Company shall have a currently valid Certificate of Authority, issued by the State of Florida, Department of Insurance, authorizing it to write surety bonds in the State of Florida. 2. The Surety Company shall have currently valid Certificate of Authority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code. 3. The Surety Company shall be in full compliance with the provisions of the Florida Insurance Code. 4. The Surety Company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued. CONTRACT 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 II-10 KEY WEST INTERNATIONAL AIRPORT 5. If the Contract Award Amountexceeds Five Hunrre • •! 11 1!1Company also comply with the following provisions: A. The Surety Company shall have at least the following minimum ratings in the latest issue of Best's Key Rating Guide. POLICYHOLDER'S REQUIRED CONTRACT AMOUNT RATING FINANCIAL RATING 500,000 TO 1,000,000 A- CLASS 1 1,000,000 TO 2,000,000 A- CLASS II 2,000,000 TO 5,000,000 A- CLASS III 5,000,000 TO 10,000,000 A- CLASS IV 10,000,000 TO 25,000,000 A- CLASS V 25,000,000 TO 50,000,000 A- CLASS VI 50,000,000 TO 100,000,000 A- CLASS Vii 50,000,000 TO 100,000,000 A- CLASS VII The Surety Company shall not expose itself to any loss on any one risk in an amount exceeding ten (10) percent of its surplus to policyholders, prov (a) Any risk or portion of any risk being reinsured shall bc deducted in determining the limitation of the risk as prescribed in this section. These minimum requirements shall apply t,'# the (b) In the case of the surety insurance company, in addition to the deduction for reinsurance, the amount assumed by any • - •deposited, pledged or held subject to the consent of the surety and for the protection of the surety shall •_ deducted. CONTRACT 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 I I-11 KEY WEST INTERNATIONAL AIRPORT CONTRACT 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 11.12 KEY WEST INTERNATIONAL AIRPORT REF: Gentlemen: SECTION C ACKNOWLEDGMENT FOR CHANGE ORDERS Monroe County Board of Commissioners Key West, Florida ELEVATOR FOR BAGGAGE MAKE UP AREA Key West International Airport In order to avoid the necessity of extensive amendments to the referred contract, the undersigned acknowledges hereby that the following conditions are those for which change orders are allowed under the Bid Law: 1. Unusual and difficult circumstances which arose during the course of the execution of the contract which could not have been reasonably foreseen. Z Where competitive bidding for the new work for new money will work to the serious detriment of the awarding authority. 3. Emergencies arising during the course of the work. 4. Changes or alterations provided for in the original bid and originals contract. j Z' � M4 A r Contractor By: EDGAR G. BRASWELL, IV Title: PRESIDENT CONTRACT 12639329 NEW BAGGAGE ELEVATOR #4 08130M 11238 II-13 KEY WEST INTERNATIONAL AIRPORT SECTION D CONTRACT TO ELEVATOR FOR BAGGAGE MAKE UP AREA Key West International Airport THIS AGREEMENT made and entered into the day of by and between BELLA CONSTRUCTION OF KEY WEST, INC. Contractor, and the Monroe County Board of Commissioners, Key West, Florida, Owner. That the Contractor, for the consideration hereinafter fully set out hereby agrees with the Owner as follows: That the Contractor, shall furnish all the materials, and perform all of the work in the manner and form as provided by the following enumerated Instruction to Bidders, Form of Proposal, General Provisions, Special Provisions, Technical Specifications, Form of Contract, Form of Bond, Drawings and Addenda, which are attached hereto and made a part hereof, as if fully contained herein, for the construction of: ELEVATOR FOR BAGGAGE MAKE UP AREA Key West International Airport Monroe County, Florida 2. That the Contractor shall commence the work to be performed under this agreement on a date to be specified in a written order of the Owner and shall fully complete all work hereunder within One Hundred and Twenty (120) calendar days from the . date of issuance of Monroe County Building Permit and approval of Elevator Shop Drawings, whichever is latter. 3. The Owner hereby agrees to pay to the Contractor for the faithful performance of the agreement, subject to additions and deductions as provided in the specifications or proposal in lawful money of the United States as follows: Approximately TWO HUNDRED FORTY SEVEN THOUSAND SEVEN Hl ($ 247,750.00 ) in accordance with lump sum and proposal. NDRED FIFTY Dollars unit prices set forth in the 4. On or before the 15th day of each calendar month, the second party shall make partial payment to the Contractor on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the Contractor, less ten percent (10%) of the amount of such estimate which is to be CONTRACT 12639329 NEW BAGGAGE ELEVATOR #4 08130111 11238 11-14 KEY WEST INTERNATIONAL AIRPORT retained by the Owner until all work has been performed strictly in accordance with this agreement. 5. Upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills and other costs incurred by the Contractor in connection with the construction of the work have been paid in full, final payment on account of this agreement shall be made within twenty (20) days after the completion by the Contractor of all work covered by this agreement and the acceptance of such work by the Owner. 5. It is mutually agreed between the parties hereto that time is of the essence in this contract and in the event the construction of the work is not completed within the time herein specified, it is agreed that from the compensation otherwise to be paid to the Contractor, the Owner may retain the amounts described in the Liquidated Damages, Special Provision No. 3, per day for each day thereafter, Sundays and holidays included, that the work remains uncompleted, which sum shall represent the actual damages which the Owner will have sustained per day by failure of the Contractor to complete the work within the time stipulated and this sum is not a penalty being the stipulated damages the Owner will have sustained in the event of such default by the Contractor. . It is further mutually agreed between the parties hereto that if at any time after the execution of this agreement and the surety bond hereto attached for its faithful performance, the Owner shall deem the surety or sureties upon such bond to be unsatisfactory, or if, for any reason, such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at its expense within five (5) days after the receipt of notice from the Owner so to do, furnish an additional bond or bonds in such form and amount and with such surety or sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Owner. 3. MAINTENANCE OF RECORDS: Contractor shall maintain all books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principals 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, Florida Statutes, running from the date the monies were paid to Contractor. CONTRACT 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 11-15 KEY WEST INTERNATIONAL AIRPORT 9. The COUNTY and CONTRACTOR shall allow and permit reasonable access t and inspection of, all documents, papers, letters or other materials in i possession or under its control subject to the provisions of Chapter 119, Floricill Statutes, and made or received by the COUNTY and CONTRACTOR conjunction with this Agreement; and the COUNTY shall have the right unilaterally cancel this Agreement upon violation of this provision CONTRACTOR. 10. HOLD HARMLESS AND INSURANCE: 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 (including, without limitation, costs of remediation and costs of additional security measures that the Federal Aviation Administration, the Transportation Security Administration or any other governmental agency requires by reason of, or in connection with a violation of any federal law or regulation, attorneys' fees and costs, court costs, fines and penalties) 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 on the Airport during the term of this Agreement, (B) the negligence or willful misconduct of Contractor or any of its employees, agents, 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 the completion of the project (including the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any an all increased expenses resulting from such delay. The first ten 0.0of _ paid to the Contractor is for the indemnification.- for • The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. CONTRACT 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 II-16 KEY WEST INTERNATIONAL AIRPORT ('DERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the COUNTY at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the COUNTY before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY, its officials, employees, agents •: volunteers.of ♦ OR to comply requirements of this section shall be cause for immediate termination of this • eement. 11. NON -WAIVER OF IMMUNITY: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of COUNTY and CONTRACTOR in this Agreement r • the acquisitionof immercial 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 Agreement entered into by the COUNTY be required to contain any provision for waiver. impair 12. NO PLEDGE OF CREDIT: CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would ability to fulfill the terms o;: this contract. FOR COUNTY (FILL IN) Key West, Florida 33041 FOR CONTRACTOR: BELLA CONSTRUCITON OF KEY WEST, INC. 111 US HIGHWAY 1, BOX 110 KEY WEST, FL 33040 14. GOVERNING LAW, VENUE, AND INTERPRETATION: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements 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 will lie in the appropriate court or before the appropriate administrative body in Monroe COUNTY, Florida. CONTRACT 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 11-17 KEY WEST INTERNATIONAL AIRPORT other15. MEDIATION: 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 administrative or -a. proceeding. Mediation proceedings initiat-• and courtconducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit of o •- County. 16. 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. 17. ATTORNEY'S FEES AND COSTS: 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 attorney's fees, in appellate proceedings. Each party agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all levels of the court system. 18. ADJUDICATION OF DISPUTES OR DISAGREEMENTS: COUNTY a CONTRACTOR agree that all disputes and disagreements shall be attempted be resolved by meet and confer sessions between representatives of each COUNTY and CONTRACTOR. If no resolution can be agreed upon within days after the first meet and confer session, the issue or issues shall discussed at a public meeting of the Board of County Commissioners. If t issue or - still not resolved to the satisfaction of COUNTY CONTRACTOR, then any party shall have the right to seek such relief or reme as may be provided by this Agreement or by Florida law. Ic 19. COOPERATION: In the event any administrative or legal proceeding is institut against either party relating to the formation, execution, performance, or brea of this Agreement, COUNTY and CONTRACTOR agree to participate, to t extent required by - other party, proceedings, • processe. meetings,and other activities related to the substance of this Agreement provision of - services underAgreement.andCONTRACTO- CONTRACT 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 II-18 KEY WEST INTERNATIONAL AIRPORT specifically agree that no party to this Agreement shall be required to enter intt any arbitration proceedings related to this Agreement. 20. BINDING EFFECT: The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. 21. 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. 22. ERIVILEGES 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. 23. LEGAL OBLIGATIONS AND RESPONSIBILITIES: 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. 24. 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. 25. 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 CONTRACT 12639329 NEW BAGGAGE ELEVATOR #4 08/30/11 11238 11-19 KEY WEST INTERNATIONAL AIRPORT Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 26. 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 COUNTY and CONTRACTOR hereto may execute this Agreement by singing any such CONTRACT 10639329 NEW BAGGAGE ELEVATOR #4 IN WITNESS WHEREOF the parties hereto have executed this agreement on the day and date first above written in two (2) counterparts, each of which shall, without proof or accounting for the other counterpart, be deemed an original contract. (Contractor) (Monroe County Board of Commissioners) By: EDGAR G. BRASWELL, IV Title: PRESIDENT ?!! t* WITNESS: STATE OF FLORIDA COUNTY OF By: Title: WITNESS: I, the under i nod authorit a Notary Public in and for said County and State herebP. certify that _ Ira _ I _ whose name as i of ''`Is signed to the for going instrument and who is known to me, acknowledged before me on this day that being informed of the contents of the within instrument, he, in his capacity as such, executed the same voluntarily on the date the same bears date. Given under my hand and seal this day of110LU 20 Notary Public * Who is authorized by the corporation to execute this contract. xQ��r e RACHEL BASHORE MY COMMISSION # DD 979254 EXPIRES: May 14, 2014 1 R dl Bonded Th, Notary Public Underw tern Fe CONTRACT 12639329 NEW BAGGAGE ELEVATOR #4 08130/11 11238 11.21 KEY WEST INTERNATIONAL AIRPORT BELLA-3 OP ID: PR INSURANCECERTIFICATE OF LIABILITY 08/22/12 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 DOES NOT CONSTITUTE- AUTHORIZED REPRESENTATIVE OR PRODUCER,HOLDER. holderIMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policyl 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 .. PRODUCER 964-661-2220:11 CONTACT Gulfstream 964-566-0673. Fort Lauderdale, FL 3331-0 David Arch GENERAL UABIL17Y o1 GEN'L AGGREGATE LIM;T APPLIES PER • a • raw ■ ■ ■ +•-' •• �• : •11 i r' ..• •- - o OFFICERIMEMBEREXCLUDED? (Mandatory In NH) If s, describe under e • OPERAT�Qhlc Q IIA Great American Insur of NY First Mercury Insurance Co. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If mom space Is required) T,roject: KWIA— New Baggage Elevator, 3491 S Roosevelt Blvd., Key West, Fl 1 _ _. I�SlrirlmI1i+;i=1y NAMED ABOVE # # . THE POLICY PERIOD F)OCUMENT WITH RESPECT O WHICH THIS Ill HEREIN IS SUBJECT TO ALL ' EACH OCCURRENCE $ 1,000,001 DAMAGE TO RERTELF- PREMISES MEDEXP .,■ . . � ADV INJURY ,�,�,- ,,,O,, .,• .IT, .,. �„ Iir619,415 r•• or 0m, CERTIFICATE HOLDER CANCELLATION MONROE2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED I Monroe County ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton St, Key West, FIL 33040 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORDCORPORATION. All rights reserved. ACORD 25 (2 1 1 ) The ACORD name and logo are registered marks of ACORD AC W CERTIFICATE I I °ATE (MMMDNYYY) osrr0z012 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 CFAT1FICATE HOLDER. IMPORTANT: If On certificate holder is an ADDITIONAL INSURED, the polioy(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 1616 Garcia MI Group / Allstate Insurance Company PHONE - FA7 50 N Homestead Blvd =887]. _ .... �(!�. Na)[_3Q5--24Z-4b.56 .MAIL slsSaraa Homestead, FL 33030 l-allstate INSURMSIAEFORDING COVE Fiiiq INSURER A : Allstate Insurance Comoanv ---- -_- INSURED Bella Construction Of Key West, Inc. 111 US Highway One, Box 110 Key west, FL 33040 INSURER C : 14 9916IN:i:Z<<T Va"Tallnill 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. TVPE OK INSURANCE ULNUNRPO iCY'EfF ®�L Y EXP ILTR POLICY NUMBER LIfARa GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY I� CLAIMS•MADE I I QCC,UR _...,,_.I 71 ISACH OCCURRENCE S DAMAGE TO RENTED PREMI Es I n S ---- „ S MEDEW(Anyoneperson) PERSONAL 6 ADV INJURY S GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- LOC GENERAL AGGREGATE S PRODUCTS • COMPIOPAGO _,. — $ $ ,., .. _.... .— AIx AUTOMOeILE LIAeILIT1r ANY AUTO ALL OWNED x SCHEDULED Auros NOOWNED omIRE0AUY06 X AUTOS I7I(Ek 048963481 03103J2012 03/03l2013 COMBINED LIMIT BODILY INAMY (Per Person) 1 000 000,00 $ BODILYINAUtY(RoXiCCIEMI) - - - • iiry Dec ParacddeM S $ s UMBRELLA LUU3 EXCESS LIAR HCLAIMS-MADE Opp I i I EACH OCCURRENCE $ S - AGOKOATS DEO RETENTIONS S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETO6M�ARTNERIEXECUI IVE YIN OFRCFJM0EREXCr.UDEDV (Mandatory In NN) It yea, describe under -DESCRIPTION OF OPGRAT101e. belowE.L NIA WC STATU• OTN• $ EE.L.EACH ACCIDENT _ EL DISEASE • EA EM0PLQYE1 S DISEASE •POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCA71ONS I VEHICLES (Attach ACORD 161. Additional Remarks Schedule, If more space Is squired) Project KWIA • New Baggage Elevator, 34018 Roosevelt Blvd, Key Wast, FL 33040 E HOLDER Monroe County 1100 Simonton Street Key West, FL 33040 SHOULD ANY OF TME ABOVEPOLICIES BE . BEFORE ACCORDANCETHE EXPIRATION DATE THEREOF, N01nCE WILL BE DELIVERED IN POLICY PROVISIONS. ACORD 25 (2010M) The ACORD name and logo are registered marks of ACORI DATE (MMIDDIYYYY) ,, LIABILITYADR" CERTIFICATE OF IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms i conditions of policy,policies may requireendorsement.on does not confer rights to the certificate holder in lieu of such endorsement(s). i;! • is P.O.Box 6091.... INSURED Workforce Business Services, Inc. Alt. Emp: Bella Construction of Key West Inc 1401 Manatee Ave. West Ste 600 Bradenton, FL 34205-6708 r 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 ADD BR POLICY NUMBER POLICY /EFF MMQDI EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY TO RENTEIT_ PREMISES Ea gpurrence $ CLAIMS -MADE !OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO $ $ POLICY PRO- LOC AUTOMOBILE LIABILITY L Ea accident BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED AUTOS NON -OWNED AUTOS $ UMBRELLA LAB EACH OCCURRENCE $ HOCCUR AGGREGATE $ EXCESS LIAB CLAIMS -MADE DEDJ. RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBEREXCLUDED9 (Mandatory in NH) NIA WC90-00-818-01 12/31/2011 12/31/2012 X WC STATU- OTH- E L EACH ACCIDENT $ 1,000,000 E L DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E L DISEASE - POLICY LIMIT $ 1,000,000 Location Coverage Period: 12/31/2011 12/31/2012 Client# 053006 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Bella Construction of Key West Inc PROJECT: KWIA- NEW BAGGAGE ELEVATOR, 3491 S. ROOSEVELT BLVD., KEY Coverage is provided for Ill US Highway 1 #110 WEST, FL 33040 only those employees Ke leased to but not y West, FL 33040 subcontractors of: Monroe County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1100 Simonton Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED I Key West, FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (201/) The ACORD name and logo are registered marks of ACORD