11/20/2002 Remove Trailer/Debris Saddlebunch Bridge
AGREEMENT, MADE THIS
CONTRACT AGREEMENT
tP- { /-
Et; day of I'J () V
,
2002, by and
between, Arnold's Auto & Marine Repair, Ine. ("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 and perform all the work as required by the
Specifications for the removal of a travel trailer and marine debris, located off of the Saddlebunch
Bridge for which photographs are attached as Exhibit A.
2. The work to be performed under this contract must be completed by November 30. 2002.
3. The Contractor understands the rules of the Florida Department of Environmental
Protection and shall comply with those rules, along with the rules and procedures instituted by the
Board to ensure an orderly progress to the project. Both the intent and the requirements of the
Specifications, attached as Exhibit B, are understood by the Contractor.
4. The Board shall pay the Contractor $ 3.000.00 for the removal and legal disposal of the
travel trailer and marine debris located off of the Saddle Bunch Bridge for which photographs are
attached as Exhibit A. Payment will be upon completion of work by the Contractor and review
and approval by the Marine Projects Coordinator.
5. The attached Photographs, Map, and the Monroe County Insurance Requirements 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 the Monroe County
Board of County Commissioners from any and all claims for bodily injury (including death),
personal injury and property damage (including property owned by the County) and other losses,
I
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 paragraph 11 does not vitiate this
indemnification provision.
7. The Contractor agrees to supply the County with a set of photographs of the project in all
phases of the removal and disposal process. The Contractor will be responsible for the camera,
film, and development costs.
8. The Contractor must inform the County and the Florida Fish and Wildlife Conservation
Commission prior to initiation of work.
9. The parties agree that a timely performance of this agreement is essential due to possible
damage to the natural resources, hazards to navigation, or threats to human health and welfare.
Therefore, the parties agree that the Contractor shall be liable to the Board for $100 per day of
liquidated damages for each day after 11-30-02 that the Contractor's obligations under this
agreement remain unperformed. The parties agree that such amount is by the way of
compensatory damages and does not constitute a penalty.
10. Due to the use of heavy equipment and, at times, dangerous work environment, the
Contractor understands and agrees to maintain an alcohol an drug free work environment.
I 1. The Contractor will be responsible for all necessary insurance coverage as indicated by an
"X" on the attached forms identified as INSCKLST 1-4, as further detailed on forms VLl, WCI,
WCJA, GLl, WLl, & POLl attached as Exhibit B. All policies must list Monroe County as
additional insured with the exception of the Worker's 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
2
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 of real
property to public entity, may not perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any public
entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list.
IN WITNESS WHEREOF each party hereto have executed this Agreement the day and
BOARD OF COUNTY COMMISSIONERS
OF MONROE UNTY, FLORIDA
By:
Mayor/Chairman
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Witness: .
WItnesS: ~T~ By:
Title:
3
EXHIBIT A
Water way off saddle bunch #5 bridge.
Travel Trailer turned over. On land
Water way off saddle bunch #5 bridge.
Travel Trailer turned over. On land
(Each tick mark = 0.1 min.)
11445 SUGARLOAF KEY TO KEY WEST llCALE 1:40000'I
(Not For~tIIUMJ)
~HTRl.r
~6 Edition
~ !.
-. .
l\10NROE COUNTY, FLORIDA
INSURANCE CHECKLIST
FQR
VENDORS SUBMIttING PROPOSALS
FOR WORK
..
~
To assist in tl~e 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 bidde~
sign the form and submit it with each proposal.
\\'ORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
WCl
WC2
WC3
WCUSLH
x Workers' Compensation
x Employers Liability
Employers Liability
Employers Liability
US Longshoremen &
Harbor Workers Act
X Federal Jones Act
Statutory Limits
SJ 00,000/$500,000/$100,000
S300,000/$500,000/$500,000
$ 1,000,000/$ 1,000,000/$ 1 ,000,000
Same as Employers'
Liability
Same as Employers'
Liability
VtlCJA
INSCKLST 1
Admmislratlon Instruclion
114709.2
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
\lLl
x
x
Admtnlstralion Instruction
#47092
S50,000 per Person: $100,000 per Occurrence
S25,000 Property Damage
or
$100,000 Combined Single Limit
$100,000 per Person; $300,000 per Occurrence
$50,000 Property Damage
or
S300,000 Combined Single Limit
$500,000 per Person; $1,000,000 per Occurrence
S100,000 Property Damage
or
$1,000,000 Combined Single Ljrnit
$5,000,000 Combined Single LiII].it
MTSCELLA NEOUS COVERAGES
Builders'
Risk
Motor Truck
Cargo
Professional
Liability
Pollution
Liability
Employee
Dishonesty
Garage
Keepers
Limits equal to the
completed project.
Limits equal to the maximum
value of anyone shipment.
$ 250,000 per Occurrence/$ 500,000 Agg.
$ 500,000 per Occurrence/$l ,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/$1 0,000,000 Agg.
$ 10,000
$100,000
$ 300,000 ($ 25,000 per Veh)
$ 500,000 ($100,000 per Veh)
$1,000,000 ($250,000 per Veh)
Watercraft Liability $500,000
INSCKLST 3
1996 Edition
INSURANCE AGENTS ST~TEMENT
.
..,
.
r have reviewed the above requirements with the bidder named below. The {ollowing deductibles
apply to the corresponding policy.
POLICY
I I
DEDUCTIBLES
Liability policies are _ Occurrence _ Claims l\1ade
Insurance Agency
Signature
.
BIDDERS ST A TEMFNT
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
Administration Instruction
M4709.2
1996 Edition
\VORKERS' COMPENOA TION
INSURANCE REQUIREl\1ENTS
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:
$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 entire term of the contract.
Coverage shall be provided by a company or companies authori'zed 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 panicipates 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 Instruction
114709.2
1996 Edition
\\'0 RKERS' CO"{~NSA TION
INSURANCE REQUIREMENTS
FOR
..-
CONTRACT
I I
BETWEEN
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. I
WCJA
AdmiOlSlrallon Instruction
1147092
1996 Edition
GENERAL LIADII;.=t'V.
INSURANCE REQUIREl\fENTS
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 shaH be:
~
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shaH be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Propeny 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>.."tend 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
#4709.2
1996 Edilion
VEHICLE LIABILit-r t.
INSUIUJ~CE REQUIREMENTS
FOR
..
-
CONTRACT
BETWEEN
ltfONROE 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)
.
I.
If split limits are provided, the minimum limits acceptable sh~l 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 lnsured on
all policies issued to satisfy the above requirements.
VLl
Administration II1~truction
114709.2
so
1996 Edition
POLLUTION LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
..
..
BETWEEN
MONROE COUNTY, FLORIDA
Al'\T))
Recognizing that the work governed by this contract involves the storage, treatment, processing,
or transporting of hazardous materials (as defmed by the Federal Environmental Protection
Agency), the Contractor shall purchase and maintain, throughout the life of the contract,
Pollution Liability Insurance which will respond to bodily injury, property damage, and
environmental damage caused by a pollution incident.
The minimum limits of liability shall be:
$500,000 per Occurrence/$l,OOO,OOO Aggregate
If coverage is proyided on a claims made basis, an extended claims reporting period of four (4)
years will be required.
POLl
Administration Instruction
#4709.2
71
1996 Edition
.
WATER CRAFT LIAD~
INSURANCE REQUlREl\fENtS
FOR
oil
..
CONTRACT
, '
BE1\\'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 (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 states that coverage applies for the " ActslJr Omissions of a Vessel" I
it shall be endorsed to provide coverage for the legal liability of the shipowner.
The minimum limits acceptable shall be:
S500,000 Combined Single Limit (CSL)
Coverage provided by a Protection and Indemnity Club (P~I) shall be subject to the
approval of the COW1ty.
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies i~ed to satisfy the above requirements.
. .
'\ILl
Adminislralil)n I n!ilruclion
14709.2