Upper Matecumbe West #3
CONTRACT AGREEMENT
AGREEMENT, MADE THIS '2 /~Of 1Ji/4
2002, by and
between, American Underwater Contractors, Inc. (" Contractor "), and the BOARD
OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, of the County
of Monroe, State of Florida (Board).
The Contractor and the Board, for the consideration named, agree as follows:
1. The Contractor shall furnish all the materials for the Emergency repair of the
following channel markers, Tavernier Creek-#18, Upper Matecumbe West Channel-#3,
and Vaca Cut-#8, Monroe County as specified by Exhibit A.
2. The work performed under the Contract shall commence immediately from the
date the Liaison provides the Notice to Proceed and shall be completed by August 31,
2002.
3. The Contractor understands the rules and procedures instituted by the Board to
ensure an orderly progress to the project. The Contractor understands both the intent and
the requirements of the Specifications attached as Exhibit A & B.
4. The Board shall pay the Contractor the total sum of $6,800.00 for the work
listed in Exhibit A of this Contract. Payment shall be upon completion by the Contractor
and review and approval of the close out documentation by the Marine Projects
Coordinator.
5. The attached List, Map, and Specifications together with this Agreement form
the Contract. They are fully a part of this Contract as if repeated herein verbatim.
6. The Contractor covenants and agrees to indemnify and hold harmless Monroe
County Board of the County Commissioners from any and all claims for bodily injury
(including death), personal injury, and the property damage
(including property owned by Momoe County) and other losses, damages, and expenses
(including attorney's fees) which arise out of, in connection with, or by reason of services
provided by the Contractor or any of its subcontractor( s) in any tier, their employees or
agents. The purchase of the insurance required in the paragraph 11 does not vitiate this
indemnification provision.
7. The Contractor acknowledges his! her intention to comply with the need to
coordinate all work with the appropriate environmental agencies, the U.S. Coast
Guard, and the County.
8. The Contractor agrees to supply the County with a set of photographs of the
complete work along with a letter certifying completion of work.
The Contractor will be responsible for the camera, film, and development costs.
The Contractor also agrees to provide transportation for the Liaison to inspect the
completed work.
9. The Contractor understands and agrees that no payment will be made for this
project without required photographs and written certification of completion.
10. Due to the use of heavy equipment and, at times, dangerous work
environment, the Contractor understands and agrees to maintain an alcohol and drug free
work environment.
11. The CONTRACTOR will be responsible for all necessary insurance coverage
as indicated by the an "X" on the attached forms of Exhibit C identified as General
Insurance Requirements and INSKLST 1-4, as further detailed on forms WCl, WCJA,
GLl, VLl, & WLl. All policies must list Monroe County as additional insured with the
exception or the Workers Compensation policy.
12. The Contractor warrants that it has not employed, retained or otherwise had
act on 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. 020-1990. For breach or violation of this provision, the
owner may, in its discretion, terminate this contract without liability and may also, in its
direction, 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.
13. 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 real property to a public entity, may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity in excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO ($10,000.00) for a period of36 months from the date of being
placed on the convicted vendor list.
14. The Board may terminate this Agreement with or without cause at any time
upon giving the Contractor up to 10 days notice in writing. The Contractor, upon receipt
of the notice, shall immediately cease work. The Board must pay the Contractor the
percentage of the contract price which is satisfactory to the Board up to date the
contractor received the notice of termination.
14. This Contract is governed by the laws of the State of Florida. Venue for any
litigation arising under this contract must be in Monroe County.
IN WITNESS WHEREOF the parties here to have executed this agreement by the
BOARD OF COUN
GE, CLERK OF MONROE C
.<<~:fC~~ar first written above.
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Witness:
BY:
Mayor/Chairman \.
COMMISSIONERS
Y, FLORIDA
BUS~~~
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EXHIBIT A
Scope Of Work
for
Upper Matecumbe West Channel, Vaca Cut, and Tavernier Creek
Channel Marking Chains
The emergency installation at Upper Matecumbe West Channel (Bud & Mary's) includes: the
installation of one complete standard size daybeacon (12" pile, 3'x3' signs, backing boards, and
all hardware and piling cap) and removal/disposal of any broken off piling found in the vicinity.
The emergency installation at Vaca Cut includes: the installation of one complete standard size
daybeacon (12" pile, 4'x4' signs, backing boards, and all hardware and piling cap) and
removal/disposal of any broken off piling found in the vicinity.
The emergency installation at Tavernier Creek includes: the installation of one complete smaller
size daybeacon (9" pile, 2'x2' signs; and all hardware and piling cap) and removaVdisposal of
any broken off piling found in the vicinity.
Piles, backing boards, and all hardware are to be provided by the contractor. The County will
provide the signs and piling caps in order to expedite the installation. The bottom of the signs
should be 8' above mean high water.
Channel
Tavernier Cr
Work to be performed
Replace DBN 18
Upper Matecumbe West Ch Replace DBN 3
Vaca Cut
Replace DBN 8
Contractors should refer to the Monroe County Specifications sheets for more detailed
information regarding installations. Contractors must coordinate the installations with Richard
Jones, Marine Resources Planner (305 289-2805), to ensure that all work is performed
satisfactoril y.
21
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Tavernier Creek
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.
MONROE COUNTY
Specifications For the Repair/Replacement/Installation of
Aids to Navigation, Regulatory Markers, and Information Markers
(updated 04/15/02)
For all pilinl!s:
· Pilings shall be of timber treated with chromated copper arsenate (C.C.A).
· Pilings shall be of timber which will withstand the driving for which they are intended.
· A straight line drawn from the center of the butt to the center of the tip shall not at any
point face further away from the center of the pile than a distance equal to 1 % of the
length of the pile.
. Piles to be sufficient length to provide a minimum of four foot penetration into hard
bottom or further penetration into other substrate so as to provide suitable permanent
holding. The base of the dayboard must be eight feet above mean high water.
· Black, cone head, round piling caps of the appropriate size should be mounted atop the
piling using four stainless #6 nails (this includes all sign replacements).
· Any pilings replaced will be removed and properly disposed of.
For all sil!ns:
. Signage to be constructed of .125 gauge aluminum.
. Signage must be USCG approved.
. All signs should be pre-made (text, borders, etc.) by a County approved manufacturer.
. Signs should be mounted so that the piling is not visible above the signs.
· Signs for both standard (Inm nominal range) and smaller size (12 mile nominal range)
markers should be mounted such that the bottom of the sign is 8' above the water (MHW)
· Hardware should all be stainless steel, including: 3/8" all-thread and 3/8" lag screws,
1 12" (o.d.) flat washers and 3/8" nuts. 1 12" (o.d.) plastic or nylon (or similar material)
washers shall also be used to separate the aluminum signs from the stainless steel flat
washers and nuts.
...................................................................................................................................................................
1
Standard size markers: Signs for these markers have a 1 nm nominal range. The standard size
for such signs is- 3' x 3' green square, 4' x 4' red triangle, 3' x 3' diamond (danger), and 4' x 3'
regulatory, and information signs. 12" diameter pilings (approximately) will be used for all
standard size sign installations.
For standard size signs mounted at the top of standard size pilings:
A 12" long 2" x 4" pressure treated backing board should be installed horizontally 2"
below the top of the piling (to provide room for the piling cap) and attached to the piling
with four stainless #16 ring shank nails to prevent the board from rotating. The board
will be beveled to provide a flat surface for the downward angle of the sign. The board
will be installed so as to mount the signs to the appropriate approach angle of the marker
route. For extreme angles, signs should be mounted one below the other to allow for the
angle overlap (in which case all-thread on the sides would not be used).
Two lag screws and two all-threads will be used to mount the signs. One lag screw (4"
long) will be installed at the top of the sign, through the backing board and into the
piling. The other lag screw (3" long) will be installed at the bottom of the sign into the
piling. The two all-threads will be installed on the sides of the signs. Washers and nuts
are to be used, both in front and back of the signs, to assist with adjusting the approach
angle and ensure proper stiffness of the sign assembly.
For standard size regulatorv and information signs mounted below standard size lateral aid signs:
The 4' x 3' signs should be mounted 4 inches below the lateral aid sign, using a beveled
12" long pressure treated 2"x4" for added support (attached with four stainless #16 ring
shank nails). Signs should be attached using a 4" lag screw with washers at the top and
3" lag screw at the bottom. An all-thread will be installed at each side of the signs (if
applicable). Washers and nuts are to be used, both in front and back of the signs, to assist
with adjusting the approach angle and ensure proper stiffness of the sign assembly.
Smaller size markers: For certain situations smaller size signs should be used (this will be
indicated on the work order). These signs will have a Yz nm nominal range. The standard size
for such signs is- 1 Yz' x 1 Yz' square green, 2' x 2' red triangle, and 3' x 2' regulatory and
information signs. 9" diameter pilings will be used for all small size marker installations.
For smaller size lateral aid signs:
Signs should be mounted flat against the piling using two 3" long lag screws with
washers, one at the top and one at the bottom of the sign.
For smaller size regulatorv and information signs:
A 12" long beveled 2" x 4" pressure treated backing board should be installed
horizontally 2" below the top of the piling (to provide room for the piling cap) and
attached to the piling with four stainless #16 ring shank nails. One lag screw (4" long)
will be installed at the top of the sign, through the backing board and into the piling. The
other lag screw (3" long) will be installed at the bottom of the sign into the piling. If
mounted beneath a lateral aid sign, a space of 4" should be provided.
2
EXHIBIT B
MONROE COUNTY
Specifications For the Repair/Replacement/Installation of
Aids to Navigation, Regulatory Markers, and Information Markers
(updated 04/15/02)
For all pilinl!s:
. Pilings shall be of timber treated with chromated copper arsenate (C.C.A).
. Pilings shall be of timber which will withstand the driving for which they are intended.
. A straight line drawn from the center of the butt to the center of the tip shall not at any
point face further away from the center of the pile than a distance equal to 1 % of the
length of the pile.
. Piles to be sufficient length to provide a minimum of four foot penetration into hard
bottom or further penetration into other substrate so as to provide suitable permanent
holding. The base of the dayboard must be eight feet above mean high water.
. Black, cone head, round piling caps of the appropriate size should be mounted atop the
piling using four stainless #6 nails (this includes all sign replacements).
. Any pilings replaced will be removed and properly disposed of.
For all sil!ns:
. Signage to be constructed of .125 gauge aluminum.
. Signage must be USCG approved.
· All signs should be pre-made (text, borders, etc.) by a County approved manufacturer.
. Signs should be mounted so that the piling is not visible above the signs.
· Signs for both standard (Inm nominal range) and smaller size ('li mile nominal range)
markers should be mounted such that the bottom ofthe sign is 8' above the water (MHW)
· Hardware should all be stainless steel, including: 3/8" all-thread and 3/8" lag screws,
1 'li" (o.d.) flat washers and 3/8" nuts. 1 'li" (o.d.) plastic or nylon (or similar material)
washers shall also be used to separate the aluminum signs from the stainless steel flat
washers and nuts.
...................................................................................................................................................................
1
Standard size markers: Signs for these markers have a 1 nm nominal range. The standard size
for such signs is- 3' x 3' green square, 4' x 4' red triangle, 3' x 3' diamond (danger), and 4' x 3'
regulatory, and information signs. 12" diameter pilings (approximately) will be used for all
standard size sign installations.
For standard size signs mounted at the top of standard size pilings:
A 12" long 2" x 4" pressure treated backing board should be installed horizontally 2"
below the top of the piling (to provide room for the piling cap) and attached to the piling
with four stainless # 16 ring shank nails to prevent the board from rotating. The board
will be beveled to provide a flat surface for the downward angle of the sign. The board
will be installed so as to mount the signs to the appropriate approach angle of the marker
route. For extreme angles, signs should be mounted one below the other to allow for the
angle overlap (in which case all-thread on the sides would not be used).
Two lag screws and two all-threads will be used to mount the signs. One lag screw (4"
long) will be installed at the top of the sign, through the backing board and into the
piling. The other lag screw (3" long) will be installed at the bottom of the sign into the
piling. The two all-threads will be installed on the sides of the signs. Washers and nuts
are to be used, both in front and back of the signs, to assist with adjusting the approach
angle and ensure proper stiffness of the sign assembly.
For standard size regulatory and information signs mounted below standard size lateral aid signs:
The 4' x 3' signs should be mounted 4 inches below the lateral aid sign, using a beveled
12" long pressure treated 2"x4" for added support (attached with four stainless #16 ring
shank nails). Signs should be attached using a 4" lag screw with washers at the top and
3" lag screw at the bottom. An all-thread will be installed at each side of the signs (if
applicable). Washers and nuts are to be used, both in front and back ofthe signs, to assist
with adjusting the approach angle and ensure proper stiffness of the sign assembly.
Smaller size markers: For certain situations smaller size signs should be used (this will be
indicated on the work order). These signs will have a 12 nm nominal range. The standard size
for such signs is- 1 12' x 1 12' square green, 2' x 2' red triangle, and 3' x 2' regulatory and
information signs. 9" diameter pilings will be used for all small size marker installations.
For smaller size lateral aid signs:
Signs should be mounted flat against the piling using two 3" long lag screws with
washers, one at the top and one at the bottom of the sign.
For smaller size regulatory and information signs:
A 12" long beveled 2" x 4" pressure treated backing board should be installed
horizontally 2" below the top of the piling (to provide room for the piling cap) and
attached to the piling with four stainless #16 ring shank nails. One lag screw (4" long)
will be installed at the top of the sign, through the backing board and into the piling. The
other lag screw (3" long) will be installed at the bottom of the sign into the piling. If
mounted beneath a lateral aid sign, a space of 4" should be provided.
2
1996 t;.QUlon
-
EXHIBIT C
::r'"
l\10NROE COUNTY, FLORIDA
INSURANCE CHECKLIST
FQR
VENDORS SUBl\UTrING PROPOSALS
FOR \VORK
To assist in the development of your proposal, the insurance coverages marked with an .X. will
be required iri the event an award is madc to your firm. P~ease review this form with your
insurance agent and have himlher sign it in the place provided. It is also required that the bidder
sicm the form and submit it with each proposal. .
-
woRKERS' COMPENSATION
AND
f.'MPT ,a'YERS' LI A BTLITY
X Workers' Compensation
x Employers Liability
Employers Liability
Employers Liability
US Longshoremen &
Harbor Workers Act
X Federal Jones Act
Statutory LimLs
$) 00,0001S500,000/$ 1 00,000
$300,000/$500,000/S500,000
$1,900,000/$1 ,000,000/S1 ,000,000
Same as Employers'
Liabilit)'
Same as Employers'
Liability
WCl
WC2
WC3
WCUSLH
~7CJA
lNSCKLST 1
Adn\inislrllion Insuuc\ion
141091
. --- --.........
1 11116 E.clllon
GENERAl IlABIL?T"{
As a minimum, the required general liability coverages will include:
. Premises Operations
. Blanket Contractual
. Expanded Definition
of Property Damage
Required Limits:
GLl
x
GL2
GL3
GL4
Required Endorsement:
GLXCU
GLLIQ
GLS
.
Prooucts and Completed Operations
Personal Injury
.
S100,000 per Person; S300,000 per Occurrence
$50,000 Property Damage
or
S300,000 Combined Single Limit
$250,000 per Person; S500,000 per Occurrence
S50,000 Property Damage
or
S500,000 Combined Single Limit
S500,000 per Person; $ 1 ,ooo,oqo per Occurrence
S100,000 Property Damage
or .
Sl,OOO,OOO Combined Single Limit
S5,000,000 Combined Single Limit
Underground, Explosion and Collapse (XCU)
Liquor Liability
Security Services
All endorsements are required to have the same limits as the basic policy.
AdmmlstrilllOn lnstruction
1/47092
lNSCKLST 2
... -'''- --.......
... ~._...
I ~u I;.UUKln
Vf:HI CLf: I JAB lTJ~~
. As a minimum, coverage should extend to liability for:
. Owned; Non-owned; and Hired Vehjc;les
Required Limits:
X
VLI
VL2
VL3
VL4
BRI
MVC
PRO I
PR02
PR03
POLl
POU
POL3
EDl
ED2
GKl
GK2
GK3
\11..1 X
AdmlOlSlra\lOn Instruclion
U 70Q 2
S50~000 per person: S100,000 per Occurrence
S25~000 Property Damage .
or
S1 OO~OOO Combined Single Limit
S100,000 per person; $300,000 per Occurrence
S50,000 Property Damage .
or
S300~000 Combined Single Limit
S500,000 per person; $1,000,000 per Occurrence
S100,000 Property Damage
or
S1,000,000 Combined Single Limit
S5,000,000 Combined Single Limit
t
MISCET.LA~TEOUS cn~AGES
Builders'
Risk
Limits equal to the
completed project.
Limits equal to the maximum
value of anyone shipment.
Motor Truck
Cargo
Professional
Liability
S 250,000 per occurrcncelS 500,000 Agg.'
S 500,000 per occmrencelS1 ,000,000 Agg.
S1,000,000 per occmrence/S2,OOO,OOO Agg.
S 500,000 per OccurrencelS1,000,000 Agg.
S1,000,000 per Occurrence/S2,OOO,OOO Agg.
S5,000,000 per OccurrencelS10,000,000 Agg.
S 10,000
S100,000
Pollution
Liability
Employee
Dishonesty
Garage S 300~000 ($ 25,000 per Veh)
Keepers S SOO~OOO ($100,000 per V~)
$1,000,000 ($250~000 per Veh)
Watercraft Liabi11ty $500.000
INSCKLST 3
. .
I have xeviewed \he above n:quixemenlS wi\h the bidder named below. The (ollowing deductibles
apply \0 the corresponding policy.
W~URANC~AG~T~~~TEMENT
I t
DEDUCTIBLES
POLICY
-
Liability policies are _ OCCUlTence _ Claims !\.{ade
Signature
I
,'.
Insurance Agency
mDnl=.R~ ~T A TEMENt
1 understand the jnsur3nCC that will be mandatory if awarded the conuact and will comply in run
with all the requirements.
.
Signature
Bidder
INSCKLST "
AdminiS\nl,on InsUUCl,on
U109.1
.. ~------
'VORKERS' COMPENOATION
INSURANCE REQUlREl\{ENTS
FOR
CONTRACT
I
BEnVEEN
l\{ONROE coUNTY t FLORIDA
AND
1996 t:.cUlIon
Prior to the commencement ofwolk governed by this contraCt, the ContraCtor shall obtain
Wolkers' Compensation IIIS\IflU1CC with limits sufficient to respond to Florida StatUte 440.
In addition, !he Conuactor shall obtain Employers' Liability Insurance with limits of not less
than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee(
Coverage shall be maintained throughoUt the entiIe tcml of!h'e contraCt.
Coverage sha1l be provided by a company or companies authortted to uansact business in !he
state of Florida.
If the ContraCtor bas been approved by the Florida's Department of Labor, as an authorized self-
insurer. the Co\D1ty shall recognizl: and honor the Conuactofs statUS- 1he ConuactOr may be
required to submit a Letter of Au1hori2aIion issued by the Department of Labor and a Certificate
of Insurance, providing details on the Contractor's Excess Insurance Program.
lfthe ConuactOr participaleS in a self.insurance fund, a Certificate aftnsurance will be required
In addition, the Conuactar may be required to sub.mit updated financial $UI1CIQCIIlS from !he fun'
upon request from the County.
Ac1minisuation lnsuuc"an
14109.1
\yel
..,.........:----
\\'ORKERS' COl\Iri::N3A TION
INSURANCE REQUIREMENTS
FOR
CONTRACT
"
'~6 Edition
Recognizing that the work governed by this contraCt involves Maritime Operations, the ContraCtOr's
Workers' Compensation Insurance Policy shan include coverage for c1aims subject to the Federal Jones
Act (46 U.S.C.A. subsection 688) with limits not less than those specified for Employer's Liability.
BET\VEEN
MONROE coUNTY, FLORIDA
AND
The Contractor shaI1 be permitted to provide Jones Act Covera~ e through a separate proteetion and
Indemnit)' Policy. in so far as the coverage provided is no less restrictive than would have been provide
by a Workers' Compensation policy. '
AdlftlnlSUIIIOn InS\Nc\ioft
..nOll ,
\\'CJ A
~-
~ -,-
1996 t:.clluon
GENERAL LIA8U;:TY.
INSURANCE REQUlREf\iENTS
FOR
CONTRACT
I
BEnVEEN
MONROE COUNTY, FLORIDA
AND
prior to the commencement of work governed by this contraCt, the ConttaCtor shall obtain
General Liability Insurance. Coverage shall be maintained lhroughout the life of the contraCt and
include, as a minimum:
. Premises Operations
. Products and Completed Operations
. Blanket Contractual Liability
. Personal Injury Liability
. Expanded Definition of Pro pert)' Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
#.
$100,000 per person
$300,000 per OccUlTence
$ 50,000.Property Damage
An o=ce 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 oftbis conuacL
In addition, the period for which claims may be reported should extend for a minimum of twelve
" (12) months following the acceptance of work by the County. . ". --
The Monroe CowrtY Board of CowrtY Commissioners shall be named as Additional Insured on
all policies issued to satisfY the above requirements.
GLI
AdmInistration instruction
""09.1
- -...... -----.
I ~6 F..d"","
VEHICLE LIABILil=r '-
INSURAi"lCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
~{ONROE coUNTY. FLORIDA
AND
Recognizing that the work governed by this conuact requires the use of vehicles, the conuactOr,
prior to the commencement ofwork. shall obtain Vehicle Liability Insuran= Coverage sba1l be
maintained throughout the life of the conU3Cl and include, as a minimum. liability coverage for:
. Owned, Non-Owned, and Hired Vehicles
The m;nimum limits acceptable shall be:
. $100,000 Combined Single Limit (CSL)
.a
If split limits are provided, the minimum limits acceptable shall be:
. .
$ 50,000 per person
S100,000 per Occurrence
$ 25,000 property Damage
The Monroe County Board of County Commissioners shan be named as Additional Insured on
all policies issued to satisfy the above requirements.
VLl
KO
^dn\imsua\lun In!\\ructlan
141M 1
.... , -....-~........
''7'YQ ~loIn",'"
\" A TER CRAIT LIAnt.LJ.T~
INSURANCE REQUIREl\mNts
FOR
CONTRACT
, '
BET'\'EEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of won:. governed by this contraCt; the ContraCtOr sha11 obtain
Water Craft Liability ~ with termS no less restrictive than those found in the
standard "AInerican Institute Hull Clauses" (June 2, 1971 edition). Co\oerage sha11 be
maintained throughout the life of the contraCt ~d include, as a minimum:
. Injury (mcluding death) to any person
. Damage to Fixed or Movable ObjectS [
. CostS Associated with the RemOVal of Wrecked Vessels
. ContraCtUal Liability with Respect to this Contract
If the policy obtained SIlIleS \bat coverage applies for the "AelSlJr omissions of a Vessel".
it shall be endorsed to provide coverage for the legal liability of the shipowner.
The minimum limits acceptable shall be:
$500,000 Combined Single Limit (CSL)
Coverage provided by a protection and Indemnity Club (p8!-l) sha11 be subject to the
approval of the County.
.~.
The Monroe County Board of County CoDlmissioneIS shall be named as Additional
Insured on all policies ~ed to satisfy the above requirements.
\VLl
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147091
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