Disposal/Hazard to Navigation
CONTRACT AGREEMENT
AGREEMENT, MADE THIS 2(~yof JUNf..-
2001, by and between,
Spirit Marine Towing & Assistance (" 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 removal and disposal of
a 30' x 2' azard to navigation located ocean side Bow Channel.
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2. he work performed under the Contract shall be completed by June 30,2001.
3. he work performed under the Contract is contingent upon grant funding from the
Monroe C unty Boating Improvement Fund. The Contractor understands the rules of the HIP and
shall comp y with said rules, along with the rules and procedures instituted by the Board to ensure
an orderly rogress to the project.
above.
4. I he Board shall pay the Contractor the total sum of $ 2.500.00 for the work listed
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Parent shall be upon completion by the Contractor and review and approval of the close
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out docum tation by the Marine Projects Coordinator.
5. The Contractor covenants and agrees to indemnify and hold harmless Monroe County
Board oft e County Commissioners from any and all claims for bodily injury (including death),
personal' 'ury, and the property damage (including property owned by Monroe County) and other
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losses, dankages, and expenses (including attorney's fees) which arise out of, in connection with,
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or by reas1n 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 10 does not vitiate
this ind ification provision.
6. 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.
7. The Contractor agrees to supply the County with a set of photographs of the complete
project along with a letter certifying completion of work. The Contractor will be responsible for the
camera, film, and development costs.
8. The Contractor understands and agrees that no payment will be made for this project
without required photographs and written certification of completion.
9. 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.
10. The CONTRACTOR will be responsible for all necessary insurance coverage as
indicated by the an "X" on the attached forms of Exhibit A 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.
11. 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.
12. 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.
13. 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 day and
~~~OUNTY COMMISSIONERS
GE, CLERK $OE:7FW~),-?Sj
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Busmess Nam~'
By:
Title: C)~ ~
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EXHI.BIT ~
1996 Edition
:r'
MONROE COUNTY, FLORIDA
INSURANCE CHECKLIST
FQR
VENDORS SUBl\UITING PROPOSALS
FOR \VORK
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 himlher sign it in the place provided, It is also required that the bidder
sign the form and submit it with each proposal. .
\VORKERS' COMPENSATION
AND
EMPLOYERS' LIA BILITY
WC}
WC2
\VC3
WCUSLH
X \Vorkers' Compensation
x Employers Liability
Employers Liability
Employers Liability
US Longshoremen &
Harbor Workers Act
X Federal Jones Act
StatutOI)' Limits
$ J 00,000/S500,000/$1 00,000
$300,000/S500,000/S500,000
S} ,900,000/S 1 ,OOO,OOO/S} ,000,000
Same as Employers'
Liability
Same as Employers'
Liability
\VClA
lNSCKLST 1
Adminislralion Instruction
114109.2
'996 Edition
As a minimum, the required general liability coverages will include:
GENERAL UABJ[;....~
· Premises Operations
· Blanket C9ntractual
· Expanded Definition
of Property Damage
Required Limits:
GLl
x
GL2
GL3
'GL4
Required Endorsement:
GLXCU
GLLIQ
GLS
Prqducts and Completed Operations
Personal Injury
.
.
$100,000 per Person; $300,000 per Occurrence
$50,000 Property Danlage
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; $1,000,0'10 per Occurrence
$100,000 Property Damage
or .
$1,000,000 Combined Single Limit
$5,000,000 Combined Single Limit
Underground, Explosion and Collapse (XCU)
Liquor Liability
Security Services
All endorsements are req~ired to have the same limits as the basic policy,
AdmlOlSlJillIon Instruction
.<47092
lNSCKLST 2
1996 Edition
VEHICLE LIABI[~Y~
As a minimum, coverage should extend to liability for:
· Owned; Non-owned; and Hired Vehj~les
Required Limits:
X
VLI
$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 Ljmit
$5,000,000 Combined Single LiIl}it
VL2
VL3
VL4
M'JSCELLANEOUS COVERAGES
BRI
MVC
PRO I
PR02
PR03
POLl
POL2
POL3
ED]
ED2
GK]
GK2
GK3
WI. I x
Builders'
Risk
Limits equal to the
completed project.
Limits equal to the maximum
value of anyone shipment.
Motor Truck
Cargo
Professional
Liability
$ 250,000 per Occurrencel$ 500,000 Agg. .
$ 500,000 per OccurrencelS1,000,000 Agg.
$1,000,000 per Occurrencel$2,000,000 Agg.
$ 500,000 per Occurrencel$1 ,000,000 Agg.
$1,000,000 per Occurrencel$2,000,000 Agg.
$5,000,000 per Occurrencel$1 0,000,000 Agg,
$ 10,000
$100,000
Pollution
Liability
Employee
Dishonesty
Garage $ 300,000 ($ 25,000 per Veh)
Keepers $ 500,000 ($100,000 per Veh)
$1,000,000 ($250,000 per Veh)
Watercraft Liability $500.000
INSCKLST 3
Administration Instruction
1t47092
1996 Edition
rnSURANCEAGENrSST~TEMENr
I have reviewed the above requirements with the bidder named below, The following deductibles
apply to the corresponding policy,
POLICY
I'
DEDUCTIBLES
Liability policies are _ Occurrence _ Claims Made
Insurance Agency
Signature
.
BIDDERS STATEMENT
I understand the insurance that ",rill be mandatory if awarded the contract and will comply in full
with all the requirements.
Bidder
Signature
INSCKLST 4
Administration InstruClion
1t4709.2
t 996 Edition
\VORKERS' COMPE~A TION
INSURANCE REQUIREMENTS
FOR
CONTRACT
,
BET\VEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance v.ith limits of not less
than:
S100,000 Bodily Injury by Accident
S500,000 Bodily Injury by Disease, policy limits
S100,000 Bodily Injury by Disease, each employee
.t
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County,
wel
Administration Instructiont/t47092
1996 Edition
\\'ORKERS' CO~f~N~A TION
INSURANCE REQUIREMENTS
FOR
CONTRACT
I '
BET'VEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract involves Maritime Operations, the Contractor's
Workers' Compensation Insurance Policy shall include coverage for claims subject to the Federal Jones
Act (46 U.S,C,A. subsection 688) with limits not less than those specified for Employer's Liability.
The Contractor shall be permitted to provide Jones Act Coverage through a separate Protection and
Indemnity Policy, in so far as the coverage provided is no less restrictive than would have been provided
by a Workers' Compensation policy. .1
\\'CJA
AdllllnlSlrallon Instruction
114709 '}
1996 Edition
GENERAL LIABIJ;:T\1.
INSURANCE REQUIREMENTS
FOR
CONTRACT
,
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
· Premises Operations
· Products and Completed Operations
· Blanket Contractual Liability
· Personal Injury Liability
· Expanded Definition of Property 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 Occurrence
$ 50,000Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
. (12) months following the acceptance of work by the County. .. -.-
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfY the above requirements.
GLl
Administration Instruction
1i4709.2
1996 Edilion
VEHICLE LIABILll:f II.
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
}\IONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimum. liability coverage for:
· Owned, Non-O"'Iled, and Hired Vehicles
The minimum limits acceptable shall be:
$100,000 Combined Single Limit (CSL)
.t.
If split limits are provided, the minimum limits acceptable sh~l b::
$ 50,000 per Person
$100,000 per Occurrence
$ 25,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
VLl
AdmimsU311un InSlruction
1/47092
110
1996 Edition
\V A TER CRAFT LIABJlJJ"'_~
INSURANCE REQUIREJ\~N1'S
FOR
CONTRACT
I I
BET'\'EEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract; the Contractor shall obtain
Water Craft Liability Insurance with terms no less restrictive than those found in the
standard" American Institute Hull Clauses" (June 2, 1977 edition). Coverage shall be
maintained throughout the life of the contract and include, as a minimum:
· Injury (including 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 states that coverage applies for the "Acts.or Omissions ofa Vessel",
it shall be endorsed to provide coverage for the legal liability of the shipo'wner.
The minimum limits acceptable shall be:
$500,000 Combined Single Limit (CSL)
".
Coverage provided by a Protection and Indemnity Club (P~I) shall be subject to the
approval of the County.
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies is~~ed to satisfy the above requirements.
WLI
Adminislralion InstructIOn
.47092