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Item B BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 31, 2002 Division: County Administrator Bulk Item: Yes No~ Department: County Administrator AGENDA ITEM WORDING: Approval of a Contract with Key West Resort Utilities Corporation for capacity reservation and infrastructure. ITEM BACKGROUND: Key West Resort Utilities Corporation is prepared to expand its collection system infrastructure on south Stock Island. At the direction of the Board of County Commissioners, the County has been negotiating with Key West Resort Utilities and developing the attached Contract. The issues have been reviewed by the County Attorney, Bond Counsel and the Administration and it is felt that this is the best Contract that can be developed. PREVIOUS RELEVANT BOCC ACTION: As stated above. CONTRACT/AGREEMENT CHANGES: N/A ST AFF RECOMMENDATIONS: Approval of attached resolution. TOT AL COST: $4.6 million (304 Account) BUDGETED: Yes --1L. No COST TO COUNTY: $4.6 millon (304 Account) REVENUE PRODUCING: Yes No AMOUNT PER MONTH_ Year APPROVED BY: County Atty ~ OMB/Purchasing-L Risk Management _ DIVISION DIRECTOR APPROVAL: James L. Roberts DOCUMENTATION: Included X To Follow_ Not Required_ DISPOSITION: AGENDA ITEM #~ ;'~-";,,~~,,~, y'.::_'~~',:;":f}."'. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Key West Resort Utilities Contract # Effective Date: Expiration Date: Contract Purpose/Description: Approval of a Contract with Key West Resort Utilities Corporation for capacity reservation and infrastructure. Contract Manager: Debbie Frederick 4741 County Administrationl#l (Name) (Ext. ) (Department/Stop #) for BOCC meeting on 7/31/02 Agenda Deadline: CONTRACT COSTS Total Dollar Value of Contract: $ NoD $4.6 million Account Codes:ollDOO-5U1 -~- TE/iYj~ Current Year Portion: $ Budgeted? Yes[gJ Grant: $ County Match: $ - - - ---- - - - ---- - - - ---- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.) CONTRACT REVIEW Changes. ~ Date Out Division Director Date In Needed . J ~ ~~ ~r "7-3 ~-62- 1-30-0'"- YesD Noff.- -' Risk Management 7 ...ll'U).. YesD N00 ..J1) '~IL~ 7 .{'1'-O~ O.M.B./Purchasing '1~/oz.- YesDNo[B' ~L.Aa ~ 1~a/-o;J.. County Attorney YesDNoUd--1(ri-,L()~/,xi 7~3()--C.L Comments: OMS Form Revised 2/27/01 Mep #2 CAPACITY RESERVATION AND INFRASTRUCTURE CONTRACT KW Resort Utilities Corporation THIS CONTRACT is entered into this day of , 2002, by and between Monroe County, a political subdivision of the State of Florida, whose address is Gato Building, 1100 Simonton Street, Key West, FL 33040 (County), and KW Resort Utilities Corp" a Florida corporation whose address is 6450 College Road, Key West, FL 33040 (Utility), for the purchase of wastewater treatment plant capacity reservation to serve South Stock Island and the installation and expansion for the wastewater collection treatment system on South Stock Island, Whereby the County agrees to provide initial funding for the installation and expansion of the Utility wastewater treatment system and the Utility agrees to provide wastewater treatment services to the residences and businesses of South Stock Island. IN CONSIDERATION of the mutual promises and benefits set forth below, the parties agree as follows: 1. A. The County agrees to purchase from the Utility, and the Utility agrees to sell, capacity at its wastewater treatment plant sufficient to treat 1500 e,d,u.'s. The Utility agrees that the capacity purchased is to serve the South Stock Island area, As consideration for the purchase ...~ the County agrees to fund the Utility's construction of the wastewater collection system on South -;0 Stock Island, in an amount not to exceed $4,606,000, pursuant to the plans dated May ~ 2002 from Weiler Engineering Corporation, The plans are attached to this contract as Exhibit A and made a part of it. The Utility's completion of the system must be done in 16 months from the commencement date of this contract unless delayed by acts of war, legal challenges, acts of God, or lack of funding from the government, B, The Utility agrees that the County will make monthly partial payments of the construction costs of $4,606,000 to the Utility in amounts equal to the percentage of South Stock Island infrastructure work satisfactorily completed during the previous month, The parties agree that the construction costs of $4,606,000 is allocated as follows: i. ii. ii i. iv. v. Collection system infrastructure Contingency amount Engineering and engineering inspection Construction administration and legal fees Testing Total $3,500,000 380,000 279,000 347,000 100.000 $4,606,000 The Utility agrees that the maximum amount due it from the County under this contract is $4,606,000, If the construction of the South Stock Island infrastructure expansion described in paragraph one costs in excess of $4,606,000, the excess costs are solely the responsibility of the Utility and do not operate in any way to relieve the Utility of its obligation to complete the infrastructure so that it satisfactorily collects wastewater in South Stock Island and transports it to the Utility's plant for treatment. In order to insure that the collection infrastructure is satisfactorily completed and that all contractors (in any tier) and materialmen are paid, the Utility agrees to purchase, or require its contractors to purchase, performance and payment bonds in a form and amount satisfactory to the County. No payment will be made by the County until the bonds are purchased. The Utility must also supply the County with the names of all contractors before payment can be made, C, Payments to the Utility will be made as follows: '~-;-~'to!t~~~,--._"",; .,.... ~'_:M:I\~)>.,""',. i. On the first business day of each month the Utility shall submit to the County Engineer an invoice, in a form satisfactory to the County Clerk, for payment for the work completed, or materials delivered, during the prior month. The invoice must contain: a) An engineer's certificate that the percentage of work requested for payment has been completed in a good workmanlike manner and the amount requested represents the percentage of work completed, or materials delivered to the Utility for incorporation into the work provided they are kept separate from other materials at the Utility's site(s) and are identifiable as materials for incorporation in the work authorized by this contract, together with any supporting documentation requested by the County Engineer, b) Partial lien waivers for interim payments from the contractors, materialmen, and Utility, Final waivers are necessary for final payment, An engineer's certificate that the South Stock Island infrastructure expansion is functioning satisfactorily and in accordance with the design and performance criteria of Ex. A is also required for final payment. ii. The County Engineer must review the invoice and within 5 business days, inspect the work completed and materials delivered, and inform the Utility in writing of any error or omission in the invoice and what must be done to correct the deficiency, If the invoice is satisfactory he shall forward the invoice to the County Clerk for payment. The Clerk must then promptly review the invoice. If the Clerk determines there is an error or omission in the invoice, he must inform the Utility in writing. If the invoice is not returned to the Utility by the Engineer or Clerk for correction, the Clerk must make the payment to the Utility within 20 business days of the County Engineer's receipt of the invoice. A corrected invoice need only be returned to the officer who noted the deficiency, with a copy to the County Engineer and, if satisfactorily corrected, shall be paid by the Clerk within 20 days of the officer's receipt of a corrected invoice, iii. If there is a dispute between the Utility and one of its contractors which disrupts, delays or stops the work, the County reserves the right to withhold payment(s) until the dispute is resolved, D, The Utility agrees to keep its financial records pertaining to this contract according to generally accepted accounting principles. The records must be kept three years after the date of the County Clerk's, or County's issuance of an audit for this contract, The Utility must make its financial records pertaining to this contract available to an auditor employed by the County or Clerk during regular business hours (Monday-Friday, 9 AM - 5 PM, holidays excepted), If the auditor determines that money paid by the County to the Utility was not spent as authorized by this contract, or that the $600 portion of the capacity reservation fees collected from property owners was not spent on AWT conversion and operating costs as required by this contract, or that capacity reservation fees collected from property owners were not remitted to the County as required by this contract, then the Utility must repay to the County the amounts not spent or remitted as required by this contract, together with interest calculated at the rate set forth in Sec, 55.03, Fla. Stat., from the date the auditor determines that the funds were improperly spent or withheld. E, The parties agree that nothing in this contract may be construed to create privity, or any other contractual or legal relationship however described, between the County and 2 any contractors, subcontractors, design professionals and administrative personnel, and , materialmen, of the Utility, Such persons may not seek payment from the County but only from the Utility or the Utility's sureties. F. The South Stock Island wastewater collection infrastructure constructed pursuant to this contract is, and will remain, the sole property of the Utility, Nothing in this contract may be construed as creating any County obligation or liability to the Utility or any third parties to construct, maintain, repair or operate the infrastructure, G. The payments due the Utility pursuant to this contract may be paid out of County non-ad valorem revenue sources only. The Utility agrees that it may not seek to compel the County to pay any amount out of ad valorem funds that may be due the Utility under this contract. 3. Utility agrees to reimburse County, to the extent of its collection of capacity reservation fees from all new customers connecting to the vacuum sewer system to be constructed pursuant to the plans of Ex. A. and funded by this contract, Utility shall account and pay to the County on a monthly basis all amounts due, The capacity reservation fee is $2,700 per EDU (equivalent dwelling unit) as set forth in the Utility's tariff filed with the Public Service Commission, which fee shall remain at $2,700 until January 1, 2007. Notwithstanding, the foregoing Utility shall not be required to repay the County the advanced funds unless there are monies generated by connections to the South Stock Island wastewater collection infrastructure project and only to the extent of collections from that project, 4, Utility agrees to repay the funds advanced by County for the construction of the South Stock Island wastewater collection infrastructure project, Utility's obligation of repayment is limited to the capacity reservation fees collected by the Utility from new customers connecting to the project. Utility shall account for the collection of new customer capacity reservation fees on a monthly basis. Utility shall pay to the County the total sum of the new customer capacity reservation fees collected during any month by the fifth business day of the succeeding month. Utility has neither the authority nor the obligation to enforce the mandate of the State of Florida or to require the owners of residences and businesses of South Stock Island to abandon their current wastewater treatment system and connect to the wastewater collection infrastructure project, 5, Utility further agrees to convert its wastewater treatment system to Advanced Waste Water Treatment (5-5-3-1), hereafter AWT, by January 1, 2007 provided that the County so requests and that Utility is allowed to recapture the costs of its conversion to AWT and increased operating costs by a resolution of the County Commission. Such resolution requesting that the Utility convert to AWT and that allows Utility to recapture the costs of its conversion to AWT and increased operating costs must be adopted before January 1, 2003, Any repayment of funding by the County to construct the project from the collection of new capacity reservation fees shall be proportionally discounted and reduced by the Utility's cost of conversion to AWT standards, Utility shall be allowed to retain a fixed fee of $600 per capacity reservation fee (EDU) from the project to cover the incremental cost of conversion and initial AWT operation. The net amount due to the County from the collection of any new capacity reservation fees would be equal to $2,100 (capacity reservation fee $2,700 per EDU less discount for AWT conversion $600), Any connection fees collected from users of the existing wastewater collection system who connected to that system prior to the effective date of this contract, and which fees were reserved for AWT, must be spent on AWT. The Utility agrees to complete the AWT upgrade at its own expense if the fees collected for the upgrade under this paragraph do not cover the total cost of the upgrade. The Utility agrees to use its best efforts to require the property owners of South Stock Island to connect to the new collection infrastructure. If the owner of a property required to connect to the new collection system refuses to do so, the Utility shall refer the refusal to the County which may use any available legal or equitable remedy to compel connection. 6. Utility agrees not to add the construction cost funded by the County to its cost basis utilized by the Public Service Commission to calculate a reasonable return on invested capital. Utility 3 ;,"_<:-~~f'--'~._t ,[~_ l".~~'~ .~',..u~"t:"''-.Pi.\o"~'~~'~~,~'l'i__l''<:''-'" '--,., '---<;-~'-'.<~'-~":""_':>"'~-'-'-.'-;~-'- -.~' further agrees not to use the advances in calculating any impact fees, connection charges or any like charges imposed on Utility's customers, i.e" that the advances will be applied as a credit against such fees otherwise charged, 7. The Utility agrees to indemnify and hold harmless the County, members of the County Commission, County officers and employees, and County contractors, from any acts or omission committed by the Utility's officers, employees, and contractors (of any tier) during the course of performing the work required by this contract. This paragraph will survive the completion of the work. The purchase of the insurance required by paragraph 8 does not vitiate this indemnification/hold harmless paragraph, 8. During the term of this contract the Utility must keep in full force and effect the insurance set forth in Exhibit B, Exhibit B is attached to this contract and made a part of it. 9. The Utility warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No, 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No, 010-1990, For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee, 10. This contract is governed by the laws of the State of Florida, Venue for any litigation arising under this contract must be in a court of competent jurisdiction in Monroe County, Florida. In the case of litigation, the prevailing party is entitled to costs plus a reasonable fair market value attorney's fees. 11. The parties agree that this written contract represents their final mutual understanding and replaces any prior communications or representations between the parties, whether written or oral. This contract may only be modified in a writing agreed to, and executed by, both parties, 12, County hereby agrees to grant perpetual R.O.W. easements to Utility for the wastewater collection infrastructure contemplated by Exhibit A, as long as such easements are used for wastewater collection infrastructure, The County agrees to provide the Utility access to existing County Stock Island rights-of-way necessary for construction, The County also agrees to and hereby does permit this project without any additional permitting requirements. 13. Because County will repave the following streets following project completion, after installation of the pipes and other subterranean infrastructure under the streets and R.O.W, County will only require that Utility or its contractors to backfill, compact and level street trenches for the following streets, STREET Front Cross Street 5th Street 5th Avenue 4th Avenue 3rd Avenue Sunshine (6) 2nd Avenue 2nd Avenue 2nd Terrace 2nd Street Peninsula Avenue Peninsula Avenue FROM Utility US 1 US 1 End (radio station) 5th Avenue End past Sunshine 3rd Avenue Sunshine (6) 3rd Street 3rd Avenue 3rd Avenue End Peninsula Marine Maloney Avenue TO End 12th Avenue 12th Avenue 4th Avenue Maloney Ave, (excluding Maloney intersection) 4th Avenue 2nd Avenue 3rd Street (excluding 3,d St. intersection) Maloney Avenue 2nd Avenue 1st Avenue Maloney Ave. (excluding Maloney intersection) End by Hickory House 4 14. This contract is binding on the heirs, successors, and assigns of the parties and shall bind such heirs, successors and assigns as if they were the original parties to this contract, 15. The Utility warrants and represents that: A. its existing facilities, and facilities to be constructed, are, and will be, in compliance with all applicable environmental permits, laws, rules, and orders; B, the contract is Utility's legal and binding obligation, enforceable against it in accordance with its terms; C. Utility has taken all necessary corporate actions to approve, enter into, become bound by, and perform the Contract; D, Utility holds all necessary permits, certificates, licenses, and authorizations from the PSC and any environmental regulatory agency with jurisdiction over the Utility and the new South Stock Island infrastructure; and E. Utility's current rates, including its capacity reservation fees, have been duly approved by the Psc. 16. The Utility shall be deemed in default under this Contract in the event that, and as soon as, any of the following occurs: A, Utility fails to perform any obligation to the County under this Contract as and when due; B, Utility fails to reimburse or pay to the County, as and when due, any amount to which the County is or becomes entitled under this Contract or otherwise; C. Utility breaches any representation or warranty to the County in this Contract or in any related agreement or instrument; D, Utility fails to obtain any license, permit certificate, or order that it needs to construct and operate, as planned, the expansion of its system contemplated by this Contract, or any such license, permit, certificate, or order is rescinded, revoked, suspended, or nullified, or is modified in a materially adverse respect; E, The Florida PSC declines or refuses to approve any rate, rate plan, or rate change that Utility proposes, requests, or needs to construct and operate the Stock Island infrastructure or to operate profitably; F, Utility becomes insolvent, or ceases to pay its debts and obligations as and when due, or becomes the subject of a petition filed under the United States Bankruptcy Code; or G. a receiver or similar custodian is appointed for Utility, its Stock Island facilities, or any substantial part of its business or properties, 17. In the event that Utility is in default under this Contract and fails to remove or cure such default within 30 business days after written notice thereof by the County, then the County may take any or all of the following actions, in any combination and order, all in the County's sole discretion and without limiting any other rights or remedies that the County may have under this Contract or applicable law in the circumstances: A, terminate this Contract and the County's performance, duties, and obligations hereunder; B. suspend or refuse to make any or all further payments to Utility that otherwise might or would be or become due or payable to Utility under this Contract; C, exercise its rights under any performance, payment, or surety bond or similar agreement or policy that Utility or the County may have; D. assume responsibility for and control over completion of construction of the Stock Island infrastructure and facilities; E, require Utility to furnish collateral satisfactory in form and amount to the County; F, file a complaint or initiate a proceeding with the Florida PSC; G, initiate a suit for any and all available monetary damages and injunctive and equitable relief and remedies in any court of competent jurisdiction; and H. file a petition with any such court for appointment of a receiver for some or all of Utility's facilities and properties, and recommend a person or entity to serve in such capacity. 5 18. This contract commences on the signature date of the last party to sign it. 19, All communication of the ~)arties required by this c(,ntract shrJlI be ill writing and addressed to: Monroe County Administrator 1100 Simonton Street Key West, Fl 33040 KW Resort Utilities Corp. 6450 College Rclad Key West, FL 3:J040 IN WITNESS WHEREOF, the parties hereto have set their hands and sE:als the day and year written below. ' (SEAL) ATTEST: DANNY L KOlHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairperson (SEAL) ATTEST: KW RESORT UTILITIES CORP. By Title By Title JdconKWRU7028 6 9/9 3::J"'d 91SC~S~S0cal 3~1330 ^LL~ ^LNnO~ 30~NOH'HO~3 6~ 60 ~0-0c-.nc JUL-30-02 09,40 FROM,MONROE COUNTY ATTY OFFICE 10,3052923516 PAGE 1/2 RESOLUTION NO. Board of County f=ommlssloners -2Q02 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS Of MONROE COUNTY, FLORIDA AUTHORIZING THE MAYOR TO ~ECUTE ON BEHALF OF MONROE COUNTY A CONTRACT WITH KW RESORT UTIUTY, INC., FOR THE CONSTRUCTION OF WASTeWATER COLLECTION INFRASTRUcrll8E ~OR SOUTH STOCK ISLAND WHEREAS, the Monroe County Comprehensive Plan requires Monroe County to meet State mandated wastewater treatment standards by 2010; and WHEREAS, the Monroe County Sanitary Wastewater Master Plan identifies South Stock Island as a highest priority area for central sewer service; and WHEREAS, centralized wastewater services are available to only a limited number of businesses and residences located on South Stock Island; and WHEREAS, the prevailing method of wastewater treatment is the utilization of cess pits and septic systems; and WHEREAS, the prevailing method of wastewater treatment is both a known source of near shore water pollution and is damaging the living coral reefs that .in turn damage Monroe County's tourist based economy, and is also an ecological wrong in its own right; and WHEREAS, the County must eliminate the cess pits and septic syst~ms and desires to make available to the residences and businesses of South Stock I~and a central wastewater treatment system; and WHEREAS, KW Resort Utility has substantial capacity to provide additional wastewater treatment services and agrees to provide wastewater treatment services to the residences and businesses located on South Stock Island, and connectihg South Stock Island to its plant is the most economical way to provide such services i to South Stock Island; and . WHEREAS, the KW Resort Utility has designed, permitted and bid the construction of a collection system~th Stock Island pursuant to plans of We,ler Engineering Corporation dated M ~2 2 (Project); and ~e> WHEREAS, for the reasons stated above, Monroe County's funding of KW Resort UtilIty's construction of wastewater collection Infrastructure for South StoclC Island serves a paramount public purpose with an only incidental benefit to private persons; now, therefore I BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. The Board hereby adopts the findings of fact and conclusions set forth above. IL-J0-02 as,40 FROH,HONROE COUNTY ATTV OFFICE ID,a052S23~16 t"A~to Jt&.'4l:: Section 2. The Mayor is authorized to execute on behalf of the Co~nty the contract with KW Resort Utility for the construction of wastewater collection infrastrlucture for South I Stock Island . Section 3. AU connection fees collected by KW Resort Utility andl remitted to the County will be placed in the infrastructure sales tax account and used for the purposes for which infrastructure sales tax revenue may be spent. Section 4. In the event property owners required by law and ordinance to connect to the newly constructed South Stock Island wastewater collection system fail to do so, the County will use the legal remedies available to it to compel connection to trye system. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the day of , 2002. Mayor McCoy Mayor Pro Tern Spehar Commissioner Nelson Commissioner Neugent Commissioner Jimenez (SEAL) Attest: DANNY L.KOLHAGE, Clerk BOARD OF COUNTY COMt-1ISSIONERS OF MONROE COUNlY, FLORIDA By By Mayor/Chairperson: Deputy Clerk jdresKWRU 8 ~~ibi+ B 1996 Edition MONROE COUNTY, FLORIDA INSURANCE CHECKLIST FOR VENDORS SUBMITTING PROPOSALS FOR WORK To assist in the development of your proposal, the insurance coverages marked with an "X" will be required in the event an award is made to your firm. Please review this form with your insurance agent and have him/her sign it in the place provided. It is also required that the bidder sign the form and submit it with each proposal. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY X Workers' Compensation Employers Liability Employers Liability Employers Liability US Longshoremen & Harbor Workers Act Federal Jones Act Statutory Limits $100,000/$500,000/$100,000 $500,000/$500,000/$500,000 $1,000,000/$1,000,000/$1,000,000 Same as Employers' Liability Same as Employers' Liability X WCl WC2 WC3 WCUSLH WCJA INSCKLST Administration Instruction #4709.3 4 1996 Edition GENERAL LIABILITY As a minimum, the required general liability coverages will include: . Premises Operations . Blanket Contractual . Expanded Definition of Property Damage . . Products and Completed Operations Personal Injury Required Limits: GLl $100,000 per Person; $300,000 per Occurrence $50,000 Property Damage or $300,000 Combined Single Limit $250,000 per Person; $500,000 per Occurrence $50,000 Property Damage or $500,000 Combined Single Limit $500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit $5,000,000 Combined Single Limit GL2 GL3 x GL4 Required Endorsement: GLXCU GLLIQ GLS Underground, Explosion and Collapse (XCV) Liquor Liability Security Services All endorsements are required to have the same limits as the basic policy. INSCKLST Administration Instruction #4709.3 5 1996 Edition VEHICLE LIABILITY As a minimum, coverage should extend to liability for: . Owned; Non-owned; and Hired Vehic1es Required Limits: VLl BRl X MVC PRO I PR02 PR03 POLl POL2 POL3 EDl ED2 GKl GK2 GKJ VL2 VL3 VL4 X Administration Instruction #4709.3 $50,000 per Person: $100,000 per Occurrence $25,000 Property Damage or $100,000 Combined Single Limit $100,000 per Person; $300,000 per Occurrence $50,000 Property Damage or $300,000 Combined Single Limit $500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit $5,000,000 Combined Single Limit MUSCELLANEOUSCOVERAGES Builders' Risk Limits equal to the completed project. Limits equal to the maximum value of any one shipment. Motor Truck Cargo Professional Liability $ 250,000 per Occurrence/$ 500,000 Agg. $ 500,000 per Occurrence/$1 ,000,000 Agg. $1,000,000 per Occurrence/$2,000,000 Agg. $ 500,000 per Occurrence/$I,OOO,OOO Agg. $1,000,000 per Occurrence/$2,000,000 Agg. $5,000,000 per Occurrence/$lO,OOO,OOO Agg. $ 10,000 $100,000 $ 300,000 ($ 25,000 per Veh) $ 500,000 ($100,000 per Veh) $1,000,000 ($250,000 per Veh) INSCKLST Pollution Liability Employee Dishonesty Garage Keepers 6 MEDl MED2 MED3 MED4 IF VLPl VLP2 VLP3 BLL HKLl HKL2 HKL3 AIRl AIR2 AIR3 AEOl AE02 AE03 EOl E02 E03 x Administration Instruction #4709.3 Medical Professional Installation Floater Hazardous Cargo Transporter Bailee Liab. Hangarkeepers Liability Aircraft Liability Architects Errors & Omissions Engineers Errors & Omissions INSCKLST 1996 Edition $ 250,000/$ 750,000 Agg. $ 500,000/$ 1,000,000 Agg, $1,000,000/$ 3,000,000 Agg. $5,000,000/$10,000,000 Agg. Maximum value of Equipment Installed $. 300,000 (Requires MCS-90) $ 500,000 (Requires MCS-90) $1,000,000 (Requires MCS-90) Maximum Value of Property $ 300,000 $ 500,000 $ 1,000,000 $ 1,000,000 $ 5,000,000 $50,000,000 $ 250,000 per Occurrence/$ 500,000 Agg. $ 500,000 per Occurrence/$1 ,000,000 Agg. $ 1,000,000 per Occurrence/$3,000,000 Agg. $ $ $ 250,000 per Occurrence/$ 500,000 Agg. 500,000 per Occurrence/$I,OOO,OOO Agg. 1,000,000 per Occurrence/$3,000,000 Agg. 7 1996 Edition INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Liability policies are _ Occurrence Claims Made Insurance Agency Signature BIDDERS STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Bidder Signature INSCKLST Administration Instruction #4709.3 8 JUL-30-02 10,00 FROH,HONROE COUNT~ ATTV OFFICE 10,3052923516 PAGE 8/11 "" I'M"" I I '- 1MSTALLAnON PLOATER INSlJRANCE UQUJREMENTS lOR CONTRA<.T BETWEEN MONROE COUNTY. IlLORlDA ~ The Connactor shall be reQUired to purchase and IMiDtaiD throughout t.bB life of the dOntr8ct, ad until the project is accepted by the County. lnA1flllion .IPsurucC P"O"idiDa coverage I :fa. r machinery aDd equipment. governed by 1Jais COIIImQ, wIiIe bcin& tnnIportal, iDsuIJqJ and tested. & a minimum. coverage shall include: Pire Explosion Civil Commotion Aircraft Lightning COUapse V8Dd8llsm flood Wmdstorm Stn'kcs MaJiQoUJ Mischief' Hii1 RiOts Vthiclcs The policy limits sha1J be no less thUl the &mOWlt of the machinery or equipment bems instaJled. The Monroe County BoIII'd of County CommissiollCl'$ shall be named as AdditionaJ '(nsured and Loss Payee as their interat may appear. .-,," B' .-- Admi1li$lrftllft lIJIII1ICtion '47(J9.3 6S 21 -d 2tJe"-SS2 fSOEI lilJ..llrW-Ot~t.o eeg:ot 20 2Z lnr JUL-30-02 10,00 FROM,MONROE COUNTY ATTY OFFICE 10,3052923518 PAGE 9/11 1_"'" VEmCLE LIABILITY INSUAANCE UQUlREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, J'LORIDA AND Recogni7ing that the work governed by thi$ contract requires the use ofvehiclea. the Conttactor. prior to the commencement of work,. shall obtain Vehicle Liability Insurance. CoYerage ~ be maintained throughout the life oftbe contract ad indude. as a minimum. liability coverage for: . Owned, Non-owned, and Hin:d Vehicles Tho minimum limits acceptable sbaU be: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits a<<.cptable shall be: $ Soo,ooo per Person $1.000,000 per Occurrence $ 100,000 Property Damage The Monroe County Board of County Commi55ioners shaU be DIIJJled as Additional Insured 00 all policies issued to satisfy the above requirements. VLJ AdaI.tDisIl'Dlion InsIrudira 14'09.3 12 e 1 . d Z.E"-SG2 (soe) Cl..urw-o t M laD eeS:Ol 20 22 In~ JUL-30-02 10,01 FROH,HONROE COUNTY ATTV OFFICE 10,3052923518 PACE 10/11 m.s ElIiIJon - B1JILDERtS R.1SK INSURANCE REQU1RDIENTS FOR CONTRACT BETWEEN MONROE COUNTY, PLORlDA i AND The ContraCtOr shaD be required to purchase and maintain. tbroughout the life of the contnld., and until rhe project is accepted by the County. BuiIda's Risk Insurau" on an AD Risk oELoss fonn.. Coverage sbIll include: Theft Hail Explosion Riot Civil Comanotion Vehicles Aircraft Smoke yU"c CoUapsc Flood The policy limits shall be no less IbID the amount of tile finished project ancl cow:ragc shall bo provided 011 a completed value basis. Property located OD me construction premises, whic.h is intcocled to become & pcnnancnt part of die buildiD& shaJl be induded u property covered. The poliey ahall be endorsed permitting the County to occupy the building prior to complLrtion without dfceting tbe coveraae. The Monroe County Board of County Conunisaionen &ball be named as Additionallasured and Lou Payee. 8R2. ..&..t-;..;dnli.oa ~ '4709.3 't3 ..I 'a Z..Eto-!;B2 rSOE) e,..IeW-OHuaa eegJOl 20 22 Tnr JUL-30-02 10,01 FROM,MONROE COUNTY ATTY OFFICE 10,3052923516 PAGE 1 1/1 1 1!JlJ6 F.a. '-- Prior to the colJllllCl1CCmCll of work govemed by this contract. the Coa&ractor shall o~ Workers' ComPcnsaUoD Insurance with Ijmits suSicient to respond 10 tbe applicable state stalUtcs. I In addition, ~ CoDtador sball obtain Employers' LiIbiIity Insurance with limits of not less than~ $1,000,000 Bodily!ajury by Accident $1,000.000 Bodily InJury by DileUC, policy liuIitI SI,ooO.OOO Bodily Iajury by Disease, each employee Coverage shall be maintained throughout the entire term oftbe conltact. Coverage shall be proviclod by a company or compaDies authorized to transact business in the . state of Florida. If the Contr.aetor .. beIa ."roved by the Rorida's Departmlllt ofLlboc. as an auth~ seIf- insurer. the County shall recognize aad honor the Contrador's status. ne Contractor qay be required to submit a I..ctta- of Autllorizalion issued by the Department of Labor and a Cenificate of IIIlIUIUICC. providiDg deI8ils on the Contrador's &cess Imunncc Prognun. Ifthe Contractor participates in a MlIf-insunnce fund. a Certificate oflnaurance will be ~uired, In addition. the Contractor may be required to submit u~ fiDancial stalcmcats from the timd upon request from the County. ' WC3 AdIlIiDiMr:dioa IDmw:liaD '4"709.] 89 ~T'd 2tretr-sS2 l~oel el...ew-oqnaa etrg=OI ZO Z2 Inr JUL-30-02 10,00 FROH,HONROE COUNTY ATTV OFFICE 10,3052923516 PACE 7/ 1 t'c~",,,"'"'' 19'J6~ -- GENERAL LlABun"Y INSVRAHCE UQ.UlUMENTS IfOR CONTRACt BETWEEN MONROE COUNTY, ILORlDA AND Prior to the commencement oCwork pemal by this COIltract. the Coa1raetOI' shall obtain General Liability Insurmc:e. Coverage sbaJJ be maintained throughout the life of the COft~ an4 include. as a minimum: " Premises O~0D6 ' . Products aDd Completed QpgmioDs . BIanIa:t Contrac:Iual Liability . , · PersoullDjusy Liability . ExpIDdcd Deliaition ofPropaty Damase The ~ limits acceprab1e IbalJ be: 51,000,000 Combined Single Limit (CSL) If split limits U'C proWled. the minimum limits acceptable shall be: ,-' $ 500,000 per PenoIl S 1.000.000 per Occurrellce S 100.000 Property Damage An Oc:wrreoce Form poticy js pIYIcnccL If cownae is provided Oft a Claims Made PO~CY. its provisioDs sbDuJd im:IUde am:nse for cIIims filed. 011 or ak the eftective d.ar.c oftbia qontlact. ID addiIion. the period for which CIIim$ may be reponed sIIouId axtaMl for a minimum qftwe1ve (12) ftIOIItbs following the ac:ccpruce ofwodc by the Cotay. The Monroe CouDty Board ofCoumy Commillionen sbIJl be MIlled as Additioaal Insured Oil all policies issued to sadstY the above RqUiranents. ~ .~ GL3 1Wmiai....1a1JlnEtiaD '4709.3 ss It-" 2..e"-~62 (SDE) e ~...~w-g Hi 1.0 lrE~p 0 I 20 22 Inr