Remove Hazardous Marine Debris
CONTRACT AGREEMENT
AGREEMENT, MADE THIS .za ~ay of .EII/I1f12002, 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 removal and disposal of
hazardous marine debris located in Tropical Bay of off Bogie Channel, Big Pine Key.
Digital photos are attached as Exlnbit 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 March 31,
2002.
3. The Contractor understands the rules and procedures instituted by the Board to
ensure an orderly progress to the project.
4. The Board shall pay the Contractor the total swn of $3,000.00 for the removal
and legal disposal of hazardous marine debris shown 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 Exhibit A, Insurance Requirements attached as Exlnbit B and the
Agreement fonns the Contract. They are fully a part of this Contract as ifrepeated 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 Monroe 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 ofits 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
debris removed 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 conduct a site
inspection.
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 tennination.
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
st written above.
BOARD OF COUNTY COMMISSIONERS
GE, CLERK OF MONROE TY, FLORIDA
Witness: ~~ #~
Witness: ~/?J1612 ~
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Business Name: S PI,~,r HH,AlIUt;
By. ~ ~~h.
", 'j/';MGG.
24
HOUR
SERVICE
EXHIBIT A
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MARINE TOWING & ASSISTANCE
VHF
CHANNEL
16
Copt. Duke Pontin & Copt. John Coffin
P. O. Box 430244, Big Pine Key, Florida 33043
305-872-2752
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1996 Edition
::'"
MONROE COUNTY, FLORIDA
INSURANCE CHECKLIST
FQR
VENDORS SUBM:rITING PROPOSALS
FOR \VORK
EXHIBI~
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 finn. 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. .
WORKERS' COMPENSATION
AND
EMPLOYERS' LIA BILITY
X Vlorkers' Compensation
x Employers Liability
Employers Liability
Employers Liability
US Longshoremen &
Harbor Workers Act
X Federal Jones Act
Statutory Limits
S J 00,000/5500,000/5 1 00,000
5300,000/5500,000/5500,000
51,900,000/51,000,000/51,000,000
Same as Employers'
Liability
Same as Employers'
Liability
WC1
WC2
WC3
WCUSLH
VlCJA
INSCKLST 1
Administration Instruction
U 709 2
1996 Edition
VEHICLE LIABI(~~
As a minimum, coverage should extend to liability for:
. Owned~ Non-owned; and Hired Vehjc;les
Required Limits:
X
VLl
VL2
VL3
VL4
BRl
MVC
PROl
PR02
PR03
POLl
POL2
POL3
EDl
ED2
GKl
GK2
GK3
\ILl
x
x
AdmlOlstrallon Instruction
U 709 2
$50,000 per Person: S100,000 per Occurrence
$25,000 Property Damage
or
S100,000 Combined Single Limit
S100,000 per Person; S300,000 per Occurrence
S50,000 Property Damage
or
S300,000 Combined Single Limit
$500,000 per Person; Sl,OOO,OOO per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
$5,000,000 Combined Single U.I11.it
J\-1TSCELLA NEGUS CGVERA GES
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 OccurrencelS 500,000 Agg.'
$ 500,000 per OccurrencelS1,000,000 Agg.
$1,000,000 per OccurrencelS2,000,000 Agg.
S 500,000 per OccurrencelS1,000,000 Agg.
$1,000,000 per OccurrencelS2,OOO,OOO Agg.
S5,000,000 per OccurrencelS10,000,000 Agg.
$ 10,000
S100,000
Pollution
Liability
Employee
Dishonesty
Garage $ 300,000 ($ 25,000 per Veh)
Keepers $ 500,000 ($100,000 per V~h)
$1,000,000 ($250,000 per Veh)
Watercraft Liability $500,000
INSCKLST 3
1996 Edition
INSURANCE AGENTS ST::TEMENT
I have reviewed the above requirements with the bidder named belo.w. The following deductibles
apply to the corresponding policy.
POLICY
I '
DEDUCTIBLES
Liability policies are _ Occurrence _ Claims h1ade
Signature
Insurance Agency
.
lUDDERS 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 4
Admini5\r2tion Instruction
14709.2
1996 Edilion
'VORKERS' COMPENiiA TION
INSURANCE REQUlRE1\1:ENTS
FOR
CONTRACT
.
BET\VEEN
1\1:0NROE 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 with 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
Coverage shall be maintained throughout the entire term of th~ contract.
Coverage shall be provided by a company or companies authodzed 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 fune
upon request from the County.
\Vel
Administralion Instruction
'4109.2
1996 Edition
\\'ORKERS' C01\1:~NSA 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 Jon(
Act (46 D.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 provic
by a W orkers' Compensation policy. .t
\\'eJA
AdmlnlSU3110n Instruction
U "/()9 ,
1996 Edition
GENERAL LIABIJ~TY.
INSURANCE REQUIREl\1:ENTS
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 Defmition 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:
#.
S100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should e>.."t~nd 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.
GLI
AdmlOistrallon InstruclIon
It4 709.2
1996 F.ditian
VEHICLE LIABILI~=r e.
INSU~"IJCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
l\fONROE 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-Owned, 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 shall be:
. .
$ 50,000 per Person
$100,000 per Occurrence
$ 25,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
VLI
Adminlstr3uun Instruction
U 709 2
110
1996 Editioll
POLLUTION LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MO!'\'ROE COUNTY, FLORIDA
Ar\'D
Recognizing that the work governed by this conuact involves the storage, trcatmCl1t, processing,
or ttaIlSPonin2 ofbazardous materials (as defined by the Federal EnviIoJunclItal Prmcction
AgenC)'), the Contractor shall purchase and maintain, throughout the life oftbe contract,
pollution Liability Insurance wbich will ~sp,!nd .to bodily injury, property d"mage, and
environmental damage caused by a polluuon mCldent.
The minimum limits of liability shall be:
$500,000 per OccurrencclS1,000,000 Aggregate
If coverage is provided on a c1aims made basis, an extCI1lied claims reporting period of four (4)
years will be required.
POLl
Ac!miniSlr:nion InstrUction
#4709.2
71
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1996 Edition
\V A TER CRAFt" LIAn'lJJ"_~
INSURANCE REQUIREl\~N1'S
FOR
CONTRACT
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 ~ 1977 edition). Coverage shall be
maintained throughout the life of the contract and 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
lfthe policy obtained states that coverage applies for the" ActslJr Omissions ofa Vessel",
it shall be endorsed to provide coverage for the legal liability of the shipov.'I1er.
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 i~ed to satisfy the above requirements.
\VLl
AdmlnmratiQn II\!.truclion
147092