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04/16/2008 Agreement DANNYL. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: August]3, 2008 TO: Andrew Trivette, Director Growth Management Division ATTN: Mayra Tezanos Executive Assistant Pamela G. Hanco~. FROM: At the April 16, 2008, Board of County Commissioner's meeting, the Board granted approval and authorized execution of a Contract between Monroe County and Upper Keys Marine Construction, Inc. to provide derelict vessel and marine debris removal services throughout the. keys, and waiver of irregularities in response to Request for Qualifications and selection of contractor. Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Attorney Finance File.! - ."-....__.~~_.__.._~--,_..,"'--". MONROE COUNTY CONTRACT FOR REMOVAL, REFLOATING AND/OR DEMOLITION AND DISPOSAL OF DERELICT VESSELS AND MARINE DEBRIS THIS CONTRACT is made and entered into this 16th day of April, 2008 ,by MONROE COUNTY ("COUNTY"), a political subdivision of the State of Florida, whose address is the Marathon Government Center, 2798 Overseas Highway, Marathon, Florida, 33050, and Upper Kevs Marine Construction, Inc. ("CONTRACTOR"), whose address is P.O. Box 2790. Kev Laroo. FL 33037. Section 1. SCOPE OF SERVICES The CONTRACTOR shall do, perform and carry out in a professional and proper manner the project including certain duties as described below. Duties consist of retrieval, removal, refloating and/or demolition and disposal of marine debris. This includes proper reclamation and disposal of associated hazardous waste and cooperation with law enforcement where needed to properly preserve evidence using photographs and other methods of preservation as directed by law enforcement. The project will be made up of individual jobs authorized by task order consisting of retrieval, removal, demolition and disposal of a vessel(s) or marine debris located on the land or in the waters of Monroe County, or adjacent thereto, as requested by the COUNTY. The CONTRACTOR will be responsible for supervision of each job from beginning to end including the scheduling, labor, monitoring, providing necessary equipment and reporting progress to the County designee in the Marine Resources Office. When a derelict vessel or debris is identified, the COUNTY will contact CONTRACTOR(s) in the applicable geographic area and provide the details of the job; details shall include, but not be limited to the location of the job, the nature of the debris, the size of the vessel, whether the vessel is constructed of wood, fiberglass, concrete, metal, and whether any hazardous materials are known to be aboard. The CONTRACTOR will then contact the COUNTY in writing with a price for the cost of the job, and the time in which the CONTRACTOR is able to respond, a description of the job and the time needed to complete the job. The COUNTY will promptly choose a CONTRACTOR and assign the particular job. At no time will any CONTRACTOR be authorized to undertake a jOb without the express authorization of the COUNTY, in the form of a Task Order. In the event of an emergency job, such as a fuel leak or hazard to navigation, the CONTRACTOR will provide a quote via e-mail as soon as possible, and the COUNTY may choose a CONTRACTOR the same day as the pricing request in order to expedite the job. COUNTY has complete discretion and authority to select the particular CONTRACTOR for each task. The CONTRACTOR will provide all necessary and adequate equipment to complete the task including vessels, vehicles, personnel and protective equipment. The CONTRACTOR will provide all materials needed to accomplish the assigned job, including necessary equipment for proper handling of hazardous materials and will strictly adhere to all precautionary and safety requirements. CONTRACTORS shall be responsible for the jOb site at all times during the work. CONTRACTORS are required to have active licenses required to fulfill the requirements of each particular job and are required to attach copies of any and all licenses, including an occupational license as Exhibit "A" to this Contract. The CONTRACTOR is required to be familiar with, and shall be responsible for, complying with all federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the work and the marine environment. CONTRACTOR agrees to immediately abide by the orders to stand down or stop work if advised to do so by any county, state or federal agency. If required to stand down by any state or federal agency the CONTRACTOR shall notify the COUNTY as soon as possible. CONTRACTOR shall take photographs of all sides and interior of any vessel, the contents of the vessel, any personal effects in the vessel and any unique or identifying features of the vessel prior to any work on the vessel at the initial site and again at the dump site prior to demolition. The CONTRACTOR shall not be required to take interior photos of the vessel if, in the best judgment of its supervisor, it is not safe to do so. Photographs should be properly dated, the name and address of the person taking the photographs, and a complete set of the photographs shall be provided to the COUNTY. Photographs are considered to be an integral part of the work. CONTRACTOR shall remain responsible for supervision of all employees and shall ensure compliance with all applicable safety procedures. Any drinking of alcoholic beverages before or during the job is strictly prohibited. Violation of safety procedures, federal, state, and local laws, ordinances, rules, and regulations, or drinking of alcoholic beverages before or during the job will constitute cause for immediate termination of the contract. Section 2. COUNTY'S RESPONSIBILITIES COUNTY shall do the following: 2.1 Provide all available data and location as to the COUNTY'S requirements for Task Order to the CONTRACTOR. Designate in writing a person with authority to act on the COUNTY'S behalf on all matters concerning the Task Order. 2.2 Furnish to the CONTRACTOR all existing information pertinent to the work. The CONTRACTOR may rely upon such information and services provided by the COUNTY, with the understanding that the information may be changed at the time the CONTRACTOR arrives on the scene of the work. 2.3 Approve a schedule that is mutually agreeable to the COUNTY and CONTRACTOR. Section 3. TERM OF CONTRACT This Contract shall commence on April 16, 2008, and terminate on March 18, 2011, unless terminated earlier under the terms of this Agreement. COUNTY and CONTRACTOR shall have the option to renew this Agreement for one additional two year term under the same terms and conditions as this contract, exercisable by mutual agreement upon written notice given at least Thirty (30) days prior to the end of the initial term. The services to be rendered by the CONTRACTOR for each individual Task Order shall be commenced upon written notice from the COUNTY and the work shall be completed in accordance with the schedule mutually agreed to by the COUNTY and CONTRACTOR, unless it shall be modified in a signed document, by the mutual consent of the COUNTY and CONTRACTOR. Subsequent services shall be performed in accordance with schedules of performance which shall be mutually agreed to by COUNTY and CONTRACTOR. At no time shall the CONTRACTOR commence work without written authority from the COUNTY. Section 4. COMPENSATION The compensation available to the CONTRACTOR under this agreement is to be determined by the COUNTY on the basis of price quotations received from approved CONTRACTORS, and the necessities of the individual job. CONTRACTOR is not guaranteed any dollar amount pursuant to this contract. The CONTRACTOR is responsible for evaluating the request for removal and responding in writing with a quotation for the job, a description of the job, the time the CONTRACTOR can begin the job and the time necessary to complete the job. It will be the CONTRACTOR'S responsibility to pay any disposal fees at the transfer station. CONTRACTOR shall include, in any quotation, the cost of disposal at an approved dump site. CONTRACTOR shall be required to provide a receipt along with any invoice for the work. The billing rates of the CONTRACTOR for a particular job shall be determined and agreed to by the CONTRACTOR and the COUNTY in a written Task Order prior to the authorization to commence the work. CONTRACTOR agrees that it will not be entitled to damages for delay of the completion of the job from whatever cause. COUNTY may grant additional time to conclude a task, if required. Section 5. PAYMENT TO CONTRACTOR 5.1 Payment will be made according to the Local Government Prompt Payment Act. Any request for payment must be in a form satisfactory to the County Clerk (Clerk). The request must describe in detail the services performed, the payment amount requested, and supporting documentation, including copies of receipts from the transfer station. 5.2 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. Section 6. CONTRACT TERMINATION Either party may terminate this contract because of the failure of the other party to perform its obligations under the Contract. COUNTY may terminate this contract for any reason upon fifteen (15) days notice to the CONTRACTOR. Section 7. AUTHORIZATION OF WORK ASSIGNMENTS, SUBCONTRACTORS 7.1 All assignments of work shall be authorized in a signed Task Order in accordance with the COUNTY'S policy prior to any work being conducted by the CONTRACTOR. 7.2 Additional authorizations may contain additional instructions or provisions specific to the authorized work for the purpose of clarifying certain aspects of the work to be undertaken. Such supplemental instruction or provisions shall not be construed as a modification of this Agreement. Authorizations shall be dated, numbered and clearly relate to the specific job assignment so that they can easily be related to the specific assignment. Where available, the authorization shall refer to the name of the vessel, and its location. 7.3 The CONTRACTOR shall not assign, or transfer any rights under or interest in (including, but not without limitations, moneys that may become due or moneys that are due) this agreement without the written consent of the County, except to the extent that any assignment, subletting, or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to any assignment, no assignment will release or discharge the assignor from any duty or responsibility under this agreement. CONTRACTOR may subcontract a particular Task Order or portion of a Task Order only with the specific written consent of the COUNTY'S representative. If subcontractors are approved it is the responsibility of CONTRACTOR to inform the subcontractors that they must carry the same amount of insurance as the CONTRACTOR. The CONTRACTOR shall provide the COUNTY with proof of coverage before allowing a Subcontractor to do any work on the job. Section 8. NOTICES All notices, requests and authorizations provided for herein shall be in a signed document and shall be delivered or mailed to the addresses as follows: To the COUNTY: Monroe County Board of County Commissioners c/o Monroe County Growth Management Division 2798 Overseas Highway, Suite 410 Marathon, Florida 33050 Attention: Division Director To the CONTRACTOR: David DeBrule, President Upper Keys Marine Construction, Inc. P.O. Box 2790 Key Largo, FL 33037 However, if COUNTY requests a price quotation(s) from CONTRACTOR the request and response may be done by fax or e-mail. Selection of CONTRACTOR by COUNTY and the terms of the individual jOb may be done bye-mail but must be immediately formalized in writing as a Task Order signed by the COUNTY prior to the commencement of the work. Any Notice of Termination may be done bye-mail but shall be immediately formalized in writing by the party seeking Termination and sent to the other party by certified mail. Section 9. RECORDS CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that moneys paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the moneys together with interest calculated pursuant to Sec. 55.03, FS, running from the date the moneys were paid to CONTRACTOR. Section 10. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020- 1990 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 COUNTY may, in its discretion, terminate this agreement without liability and may also, In its discretion, deduct from the agreement 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. Section 11. CONVICTED VENDOR 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 with a public entity for the construction or repair of a public building or public work, may not perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under 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. Section 12. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. Both parties waive their rights to a trial by jury. Section 13. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Section 14. ATTORNEY'S FEES AND COSTS The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, and court costs, as an award against the non-prevailing party, and shall include attorney's fees, and court costs, in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. Section 15. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. Section 16. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Section 17. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. The parties agree that this Agreement is not subject to arbitration. Section 18. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. Section 19. NONDISCRIMINATION COUNTY and CONTRACTOR agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. COUNTY or CONTRACTOR agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. Section 20. COVENANT OF NO INTEREST COUNTY and CONTRACTOR covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that the only interest of each is to perform and receive benefits as recited in this Agreement. Section 21. CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Section 22. NO SOLICITATION/PAYMENT The COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. Section 23. PUBLIC ACCESS The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. Section 24. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the COUNTY and the CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. Section 25. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. Section 26. LEGAL OBLIGATIONS AND RESPONSIBILITIES This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. Section 27. NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. Section 28. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug- Free Workplace Statement attached to this Contract as COMPOSITE EXHIBIT B. Section 29. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. Section 30. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. Section 31. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. Section 32. INSURANCE POLICIES Coverage shall be maintained throughout the entire term of the contract, failure to maintain coverage shall be considered a valid reason for County to terminate this Agreement. 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. 32.1 General Insurance Requirements for Other CONTRACTORS and Subcontractors As a pre-requisite of the work governed, or the goods supplied under this contract (including the pre-staging of personnel and material), the CONTRACTOR shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this contract. The CONTRACTOR shall require all subcontractors to obtain insurance consistent with the attached schedules. The CONTRACTOR will not be permitted to commence work governed by this contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the COUNTY as specified below, and where applicable CONTRACTOR shall provide proof of insurance for all approved subcontractors. Delays in the commencement of work, resulting from the failure of the CONTRACTOR to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the CONTRACTOR'S failure to provide satisfactory evidence. The CONTRACTOR shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the CONTRACTOR to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the CONTRACTOR'S failure to maintain the required insurance. The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either: . Certificate of Insurance or . A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance pOlicies required by this contract. All insurance policies must specify that they are not sUbject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the CONTRACTOR'S insurance shall not be construed as relieving the CONTRACTOR from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. 32.2 GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN COUNTY AND CONTRACTOR 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 . Bodily Injury Liability . Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 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 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. 32.3 VEHICLE LIABILITY INSURANCE REQUIREMENTS 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: $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 $ 50,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 32.4 WORKERS' COMPENSATION INSURANCE REQUIREMENTS Prior to commencement of work governed by this contract, the CONTRACTOR shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. In addition, the CONTRACTOR 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 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. 32.5 ADDITIONAL INSURANCE A) Prior to commencement of work governed by this contract, the CONTRACTOR shall obtain Jones Act and/or Longshoremen and Harbor Workers Compensation Insurance with limits sufficient to respond to the applicable state and/or Federal statutes. B) Pollution Coverage with minimum limits of $1,000,000. Section 33. INDEMNIFICATION The CONTRACTOR does hereby consent and agree to indemnify and hold harmless the COUNTY, its Mayor, the Board of County Commissioners, appointed Boards and Commissions, Officers, and the Employees, and any other agents, individually and collectively, from all fines, suits, claims, demands, actions, costs, obligations, attorneys fees, or liability of any kind arising out of the sole negligent actions of the CONTRACTOR or substantial and unnecessary delay caused by the willful nonperformance of the CONTRACTOR and shall be solely responsible and answerable for any and all accidents or injuries to persons or property arising out of its performance of this contract, including those of any subcontractors. The amount and type of insurance coverage requirements set forth hereunder shall in no way be construed as limiting the scope of indemnity set forth in this paragraph. Further the CONTRACTOR agrees to defend and pay all legal costs attendant to acts attributable to the sole negligent act of the CONTRACTOR, or his subcontractor. At all times and for all purposes hereunder, the CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners. No statement contained in this agreement shall be construed so as to find the CONTRACTOR or any of his/her employees, subcontractors, servants or agents to be employees of the Board of County Commissioners for Monroe County. As an independent CONTRACTOR the CONTRACTOR shall provide independent, professional judgment and comply with all federal, state, and local statutes, ordinances, rules and regulations applicable to the services to be provided. The CONTRACTOR shall be responsible for the completeness and accuracy of its work, plan, supporting data, and other documents prepared or compiled under its obligation for this project, and shall correct at its expense all significant errors or omissions therein which may be disclosed. The cost of the work necessary to correct those errors attributable to the CONTRACTOR and any damage incurred by the COUNTY as a result of additional costs caused by such errors shall be chargeable to the CONTRACTOR. This proviSion shall not apply to any maps, official records, contracts, or other data that may be provided by the COUNTY or other public or semi-public agencies. The CONTRACTOR agrees that no charges or claims for damages shall be made by it for any delays or hindrances attributable to the COUNTY during the progress of any portion of the services specified in this contract. Such delays or hindrances, if any, shall be compensated for by the COUNTY by an extension of time for a reasonable period for the CONTRACTOR to complete the work schedule. Such an agreement shall be made between the parties. In Wil~ss Whereof, the parties have executed this contract as indicated below. " \ \r ~~).. " Dt.N~;;l,f5~0I.HAGE. CLERK "~'@~/~!-~ Deputy ClerK BOARD OF COUNTY COMMISSIONERS MONROE CO , Secretary Print Name PrintTitleandName~rI4?< D<!S,VlCr I ,..,<:; Or Two Witnesses ~Ah-JtA./ ~ PrinlName 'f-h~..LJC?.-. 1O'Ytil/JT l~H~ Print Name, lJa a; ti a /7 iJ Date: l\. q ob Dill: ....., :t <:> 0 <::J = :;" :r> "" ~n~S > c:: 0=iC:< G) .~' , :':"'') r W c :a "'i"! ^) ..." ::K: ~ - . , . ,") - ;-:) -;'1 - .. r -',- c.n .. EXHIBIT A Copies of Licenses: Occupational License Other Licenses t?~?~'~~~~7?TI;r;:~~~;'~?"~f~~*"t.~)~:.;:..l1{!!:{~.::~;?f~!;p:?l:::,:: <: o - ~. o ~ ~. .. .E-t: 00. ,,~ .~ ., ~ ~ ~ ~.' o ~ E-t - o <:. 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Ja ~ Q) ~ ; <l) ~ ~ ~ -U \ 2 1ii c: - u~j COMPOSITE EXHIBIT B Required Forms: Public Entity Crime Statement Ethics Statement Drug-Free Workplace Statement Insurance Documentation PUBLIC ENTITY CRIME STATEMENT t itA 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 , I of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR 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, for CATEGORY TWO for a period of 36 months fro the date of being placed on the convicted vendor list. It I have read the above and state that neither Upper Keys Marine Const., In~ (Respondenfs name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. 4tfM/ (Slgnat Dale: January 31, 2008 STATE OF: Florida COUNTY OF: Monroe . Subscribed and sworn to (or affirmed) before me on January 31, 2008 (date) by David L DeBrule ~nally ~ to me Or'has produced (name of affiant). He/She is (type of identification) as identification. ."......, RITA HARVEY l:m:l-"'" :~\ Notary Public . state of Florida ~. : .. . !MfCu.lw.$aiOl,&pie8fv1at'3,2tXII ':~ ~! Commls$lon '" DO 313800 ",:t,,~.:.,~~~ Bonded By Natk)nOl Notafy Alan. My Commission Expires: mr.t.l1, 2001 ~ -29- t , . LOBBYING AND CONFLICT OF INTER-EST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE 'UPPER KEYS MARINE CONSTRUCTION, INC. (Company) " ... warrents that he/it has not employed, retained or otherwise had act on hislher behalf any former County officer or employee in violation 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 Agreement without liability and may also, in its discretion, deduct from the Agreement 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." JfZ t?/~ at STATE OF: Florida COUNTY OF: Monroe Subscribed and swom to (or affirmed) before me on Jan1llllY 31, 2008 (date) by David L DeBrule ~11y kn~ me or has produced ..."...... RfTA HARVEY /~m""" "\Nofary PubUc - Slate 0/ FIofIda ~.: : .~c..,nllil16luIIExpirelMav3.2(D ';;(. ;Y"l Commission # DO 313800 ..,fOlf...~.j" ,.........1 Bonded By National Notary AAn. -26- Date: Jan1llllY 31, 2008 (name of affiant). He/She is (type of identification) as identification. NOTARY PUBLIC My Commission Expires: may -1- 2a1f t , . NON-COLLUSION AFFIDAVIT ~ David L DeBrule of the city of Key Largo my oath, and under penalty of perjury, depose and say that according to law on , I 1 . I am President of the firm of UPPER KEYS MARINE CONSTRUCTION, INC. the bidder making the Proposal for the project described in the Request for Proposals for Removal. Refloating and/or Demolitioo and Disposal orDen:lic:t Vessels and that I executed the said proposal with full authority to do so; 2. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose ofrestricling competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor, and 4. no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. Date: January 31, 2008 STATE OF: Florida COUNTY OF: Monroe Subscribed and sworn to (or affirmed) before me on January 31, 2008 (date) by DavidL DeBrole ~nally kn~ me or has produced (name of affiant). He/She is (type of identification) as identification. f!jttr,:;;:4r"rij My Commission Expires: fYluy :51 loot' -27- ,"".., RITA HARVEY ;:iJm::"" '}~NotO/Y Public - state at Florida ~.: . .EMveu.I.IIw....I~Mav3,2OlS '-"> 's; Commission # DO 313800 ,., 'i:!:.~~;' ...:tN~,:.~,\... Bonded By National NotOt'Y Assn. t , . DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: UPPER KEYS MARINE CONSTRUCTION, INC. (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensin9. possession, or use of a controlled substance is prohibited in the workplace and s~ecifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee wi~ abide by the terms o( the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenderre to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. AR~ Date: January 31, 2008 STATE OF: Florida COUNTY OF: Monroe Subscribed and sworn to (or affirmed) before me on January 31, 2008 (date) by David L DeBm1e personally known to me or has produced (name of affiant). He/She is (type of identification) as identification. ,'''''',,, RITA HARVEY ....rn~"'. '~"" Notary PublIC . Stale 01 Florida ~f ~ ~ 200Il ;. . ~o.. ""'" ,E>cpII8IMcrf3, \~> ~l C~;;'IssIon"'00313800 '....::r..9:,~.'i....... Bonded Iv NatiOnOI NotarY Alan. cTARY PUBLIC My Commission Expires: rnru/~ 2005 -28- ISSUED BY THE STOCK INSURANCE COMPANY HEREIN CALLED THE COMPANY AGENT NUMBER POLlCV NUMBFR THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA 13889 96184-0000 WC 295-81-03 ~..---~-----------------------------~--------~ 013-82-0407-00 PENNSYLVANIA .... . . . (SEE WC9'~0013 FOR COMPLETE PO BOX 2 90 KEY LARG . FL 33037-0000 NAME) ~... Member Companies of ,.IL.' American International Group EXECUTIVE OFFICES: 70 PINE STREET. NEW VORK. N.V. 10270 SEE NAME AND ADDRESS SCHEDULE - WC990610 488 1.0# Oq 12<;0 ~, ",,,. PRODUCt RS NAME & MAILING ADDRf SS , INTERNATIONAL SPECIAL RISKS INC. WORKERS COMPENSATION AND EMPLOYERS PO BOX 23160 LIABILITY POLICY INFORMATION PAGE RICHMOND, VA 23223-0000 . INSURED IS I PREVIOUS POUCY NUMBER -- CORPORATION RENEWAL . 002 OTHER WORKPLACES NOT SHOWN ABOVE: SEE NAME AND ADDRESS SCHEDULE - WC990610 J ITEM . POLICY PERIOD 12:01 A.M. stenden:t time et the Insured's melllng edcI..... FROM 04/01/07 TO 04/01/08 ITEM! A. Workers Comp.nsltlon Insurlnce: Plrt One of the policy Ipplle. to the Workers Compen.etlon Law of the _ lilted h_ FL B. Employ.rs Ulblllty In.urlnce: Plrt Two of the policy .ppll.. to the work In eech ._ lI.ted In Item 3oA. Th. limits of our IIlblllty under P.rt Two Ire: Bodily Injury by Accident . 100,000 _ eccl_ . Bodily Injury by 01._ . <;00.000 policy limit Bodily Injury by 01..... .' 100.000 _ .mpl_ C. Other Stet.. In.urlnce: Plrt Three of the policy Ippll.. to the .tet... If Iny. lI.tedhers: AK AL AR AZ CA CO CT DC DE GA HI IA 10 IL IN KS KY LA MA MD ME MI MN MO MS MT HC HE NH NJ NM NV NY OK OR PA RI SC SO TN TX UT VA VT WI ITEM 4 Th. premium for thl. policy will be det.rmln.d bv our Mlnu.', of Rul... CI...lfICltlons. Rites Ind Rltlng Plen.. All Informetlon r.qulred b.low I. .ubJect to v.rlflCltlon Ind ching. by ludlt. E,tlmlted Totll RIlte'" E,t1mltecl al..lfleetlon, Cod. Number 100 R.mun~n~ .100M.... Premium X AnnUli 3 V..r mUner'altlon I f&] An~u'I'''D 3 V..r SEE EXTENS I ON OF INFORMATION PAGE - WC7754 EXPENSE CONSTANT <<EXCEPT WHERE APPLICABLE BY STATE) 5200 FL MINIMUM '"""IUM S 1 . 000 F L It Indlc.tlld below. Interim Idjultmentl of premium ,hIli be mlde: o Seml-Annue", 0 aulrterty ENOORSEMENlllIFORM NUMBER) SEE ATTACHED TOTAL ESnMATED PREMIUM S 32.853 o Monthty DEPOSIT _IUM FORM SCHEDULE - WC990612 -I 04/09/07 PARSIPPANY 82 WCoo 00 01 ...... D.te ....7 luulng OffIce FORMS SCHEDULE POLICY ENDORSEMENT SCHEDULE Effective Date: 04/01/2007 Policy Number': WC 295-81-03 , , -I FORTRSM wcoo0106A WC000308 wcoo0406A WC000414 WCOFAC WC090606 780520 WC000419 'o(C090303 'WC090401 WC090403 WC990903 WC990911 WC990013 LWNMANU001 WC990610 FOREIGN TERRORISM POLHOLDR NOT-PREM DTMN LONGSHORE AND HARBOR WC ACT COVERAGE PARTNERS, OFFICERS, AND OTHERS EXCLUSION PREMIUM DISCOUNT ENDORSEMENT NOTIFICATION OF CHANGE IN OWNERSHIP ENDT NOTICE REG OFFICE OF FOREIGN ASSET CTRL FL EMPLOYMENT AND WAGE INFO RELEASE ENDT PRIVACY POLICY PREMIUM DUE DATE ENDORSEMENT FLORIDA EMPLOYERS LIABILITY COVERAGE END FL CONTRACTING PREM ADJUST ENDT FL TERRORISM RISK INSURANCE EXT ACT ENDT FL CANCELLATI ON AND NONRENEWALENDT FLORIDA ADDENDUM TO THE DECLARATIONS FIRST NAMED INSURED ENDORSEMENT MANUSCRIPT ENDORSEMENT NAMED INSUREDS/ADDRESSES WC 99 06 12 (Ed. 1/97) Page 1 of 1 STANDARD WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY EXTENSION FORM WC t 295-81-03 Policy Prefix & No. FLORIDA Schedule 094881250 INTRA/Independent StIte Risk ID ,013-82-0407-00 JTD CONTRACTING. INC. It.m 4. "'''''fl~''lnn nf nn....lnn. , R..I. D. . Entrl.. in this Item. aXClpt I' splclflcally provided elsewh.re In this policy, do not modify Iny of the oth.r proviSions of this policy. Cod. N.. E,tlmltad Tot.1 Per $100 of AnnUli Remuneration Remun....tion El1lmlt. Annul' PNmluml RATING GROUP: 0001-01 CONCRETE CONSTRUCTION NOC 5213 8.52l 18.38 1.567 CONCRETE CONSTRUCTION NOC 5213F 8]" 42.46 372 CONCRETE OR CEKENT WORK-FLOORS. 5221 3.70. 8.91 330 DRIVEWAYS. YARDS OR SIDEWALKS & DRIVERS CARPENTRY NOC 5403 34.56 18.25 6.308 CARPENTRY NOC 5403F 15.05, 42.16 6.346 CONTRACTOR-EXECUTIVE SUPERVISOR OR · 5606 125.261 3.41 4.271 CONSTRUCTION SUPERINTENDENT KARINE PILE DRIVING. DOCK & SEAWALL. 6006 2.10f 28.48 600 JETTY OR BREAKWATER. DIKE OR REVETKENT CONSTRUCTION-ALL OPERATIONS TO COKPLETION & DRIVERS EXCAVATION & DRIVERS 6217 95.231 9.33 8.885 DRIVERS. CHAUFFEURS AND THEIR HELPERS 7380 15.24C 8.74 1.332 NOC - COKKERCIAL. 4II'ITRUCTION OR ERECTION PERKANENT YARD. 8227 64.101 8.22 5.270 ICAL OFFICE EKPLOYEES NOC. 8810 33'.27C 0.48 160 STATE OF FLORIDA TOTALS TOTAL CLASSIFICATION PREKIUK 35.441 TOTAL UNKODIFIED PREKIUK 35.441 EXPERIENCE PREKIUK (ACTUAL) 0.980c 9898 -709 KODIFIED STANDARD PREKIUK 34.732 UNDISCOUNTED PREKIUK -6.50l 34.732 PREKIUK DISCOUNT 0063 -2.258 DISCOUNTED PREKIUK 32.474 EXPENSE CONSTANT 0900 200 FOREIGN TERRORISK (TRIA) 0.04~ 9740 179 TOTAL ESTIKATED PREKIUK 32.853 TOTAL DUE 32.853 EXPERIENCE RATING KODIFICATION - 0.98 I WC 7754 lEd. 4-81) See Name and Address Schedule - WC990610 ~ PlEASE REVIEW THIS BINDER/POLICY CAREFULLY AS THE COVERAGE TERMS AND CONDITIOI\!S MAY VARY FROM THOSE INITiALLY REQUESTED IN YCUF! SU\}MI8SlOf~ tf, One Beacon INS U R A H C E Policy Number: QSJH9oo33 t Renewal of Number: PXMC-8S0714 One Beacon Insurance Company A member of the OneBeecon Insurenee Group MARINE COMPREHENSIVE LIABILITY COVERAGE PART DECLARATIONS IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. Itelll'1. Named Insured and Mailing Address: JTD Contracting, Inc. dba Upper Keys Marine Construction P.O. Box 2790 Key Largo, FL 33037 Agent Name and Address: Butler, Buckley, Deets, Inc. 6161 Blue Lagoon Dr., Suite 420 Miami, FL 33126-2048 Producer Number: 1896 (With respect to Section IV, Who Is An Insured, the above Named Insured is considered to be an organization other than a partnership or joint venture unless otherwise specified above.) Item 2. Policy Period: From: February 9, 2007 To: February 9, 2008 At 12:01 AM Standard Time at the Mailing Address Shown Above _ Item 3. Description of Operations: Marine construction. Item 4. Location of All Premises You Own, Rent or Occupy: As per your insurance application that is on file with us. Item 5. Limits of Insurance: General Aggregate Limit (Other Than Products - Completed Operations) Products - Completed Operations Aggregate Limit Personal and Advertising Injury Limits Each Occurrence Limit Fire Damage Limit (Any One Fire) Medical Expense Limit (Any One Person) $ $ $ $ $ $ 2,000,000. 1,000,000. 1,000,000. 1,000,000. SO,OOO. 5,000. Item 6. Deductible Liability: $ 10,000 Per Occurrence Item 7. , Premium, Fees, Taxes and Rates: Exposure Rating Basis: Estimated Exposure For Period: Adjusted At A Rate(s) Of: Estimated Annual Premium: Gross Sales Watercraft Liability Flat Charge Audit Period: Advance Or Deposit Premium: Gross Sales $ 2,200,000 1.05 % $ 23,100 $ 4,SOO Annual $ 23,100 OM 70 03 07 00 ORIGINAL Page 1 of 3 '. Policy Number: Q5JH90033 " Renewal of Number: PXMC-850714 VI One Beacon INS U RAN. C E Minimum Annual Premium: $ 23,100 Watercraft Liability Endorsement Flat Charge $ 4,500 Florida Hurricane Surcharge 1% . $ 276 Survey Fee $ 500 Percent (%) Of Deposit Premium 25 % Fully Earned At Inception: Premium Shown Is Payable: In full at inceptiori Item 8. Form(s) and Endorsement(s) made a part of the polley at time of issue: Marine Comprehensive Liability Policy (MCL 0295100) amended as follows: Section II.A. - Exclusions 6,7,8, 12, 13, 14, 20.e. and 29 are deleted. Section IV - The words "captain or crew of watercraft you own' and/or operate, charter, lease or borrow" are deleted from item 2.a., but only with respects to the captain and crew of those . vessels as scheduled in the Watercraft Liability Endorsement (MCL 0295113) Section VII - Condition 3 is deleted; The first line of Condition 4. is amended to read: "You will endeavor to:" ~ Including The Following Endorsements: Action Over Indemnity Buyback Endorsement (MCL 0295115) The words "captain(s}, and crew of owned and/or operated, chartered, leased or borrowed watercraft and/or" are deleted from item 2. of this endorsement, but only with respects to the captain and crew of those vessels as scheduled in the Watercraft Liability Endorsement (MCL 0295113). Additional Insured and Waiver of Subrogation (Blanket) (MCL 0295116) Chemical, Biological, Bio-Chemical, Electromagnetic Exclusion Clause Endorsement 3/1/03 (MCL 1102154) Institute Extended Radioactive Contamination Exclusion Clause 11/1/02 (MCL 11 02155) Limited Pollution Buyback (72 hour) Endorsement (MCL 0295122) Watercraft Liability Endorsement' (MCL 0295113) Paragraph.2.a. is amended by deletion of the words: ''for the difference between the agreed hull value and the amount of insurance provided by this policy" Schedule of Watercraft: Vessel MBTT-2512-340 2005 Push Boat 25.6 x 11.8 x 5 2007 Pontoon Barge and Equipment $251,620 Agreed Value $108,000 Allowed navigation: Confined to the use and navigation of: Inland and coastal waters of Florida =I OM 70 03 07 00 Page 2 of 3 Policy Number: Q5JH90033 , Renewal of Number: PXMC-850714 ~~ ." One Beacon INS U RAN C E IN WITNESS WHEREOF, the Company has caused this policy to be executed and attested, and, if required by state law, this policy shall not be valid unless countersigned by a duly authorized representative of the Company. ~~-- ~~a - T. Michael Miller, President & CEO ~R,~ Dennis R. Smith, Secretary Countersigned Date: By: Authorized Representative , -I OM 70 03 07 00 Page 3 of 3 DLley NUMBER , A4J 3717 1____. 'Issuing Town or City ~Iry Date Previous Number Year KISk New Renewal New BA 4J 37 17 2005 0 181 Conversion POLICY NUMBER o BA 4J 37 17 SEA 04-19-07 Coverage Is provided by the company indicated by an "X" .~ C8:1Harleysville Mutual Insurance Company Policy Period: From: 04-15-07 Business Description: General Contractor COMMERCIAL POLICY Agent SeaCoast Underwriters, Inc. Northpointll 1035 Greenwood Boulevard, Suite 419 Lake Mary, FL 32746 To: 04-15-D8 Agents Code/Sub 10-D350 COMMON DECLARATIONS Name!! JTD Contracting, Inc. Insu.red Upper Keys Marine Construction and P. O. Box :2790 Mailing Key Largo. FL 33037 Address Form of Business: THIS POLICY CONSISTS OF DECLARATIONS, COMMON POLICY CONDITIONS, AND ONE OR MORE COVERAGE PARTS. A COVERAGE PART CONSISTS OF ONE OR MORE COVERAGE FORMS, AND, IF APPLICABLE, ONE OR MORE CAUSES OF LOSS FORMS, ENDORSEMENTS, AND COVERAGE PART CONDITIONS/PROVISIONS. IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PART(S) FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. , Commercial Auto Coverage Part............................................................................ $ C8:I Business Auto 0 Garage 0 Truckers 0 Motor Carrier Commercial Crime Coverage Part ......................................................................... $ Commercial General Liability Coverage Part......................................................... $ o Occurrence 0 Claims Made Commercial Inland Marine Coverage Part............................................................. $ Commercial Properly Coverage Part ..................................................................... $ Farm Coverage Part ............................................................................................... $ FHCF Assessment ...................................... $ 167.70 Total I $ . 16,937.70 Premium shown $ is payable: at inception and $ at each anniversary. Schedule of Locations/Premises: (This schedule is for address information only. Refer to attached Coverage Part(s) to determine application of coverage.) Number 1 97674 Overseas Highway, Key Largo, Monroe County, FL 33037 Number 2 Premium 16,770. Forms and endorsements applicable to all coverage parts at time of issue: IL 0017 (11-98 ) P.JOO01(02-D5) PD0205(10-94) IL0003(07-D2) IL-7123(4-98) The following material contains important information about your policy. Please read it carefully. Z886(02-D5) Z887(1-D1) Z909(03-98) ST-7394(12-D2) ST-7421(02-D3) ST-7492(3-04) Countersigned by 6~ ~arlJV- I Aut 2ed Representative ,5 }Y/ffl Date PD-0205 (Ed. 10-94) Includes copyrighted material of Insurance Services Office w~h its permission Copyright, Insurance Services Office, 1983, 1984, 1993 One Copy Each - Insured. Agent. Home Office; Field Office; Audn ~Har1eysville Mutual Insurance Company Coverage is provided by the company indicated by an .X. ~ COMMERCIAL AUTO COVERAGE PART - FLORIDA BUSINESS AUTO COVERAGE FORM DECLARATIONS - ITEM ONE Named Insured Policy Number JTO Contracting, Inc. BA4J3717 Coverage Part Effective Polley Period 04-15-07 From 04-15-07 To 04-15-08 ITEM lWO SCHEDULE OF COVERAGES AND COVERED AUTOS This policy provides only those coverages where included (INCL) is shown in the premium column below. Each of these covarages will apply only to those "autos" shown as covered "autos." "Autos" are shown 88 covered "autos" for a parlk;ul.r coverage by the entry fA one or more of the symbols from the COVERED AUTO Section of the Business Auto Coverage FORn next to the name of the coverege. COVERED AUTOS LIMIT (Entry of one or more of the PREMIUM COVERAGES symbols from the COVERED (Ental'INCL' AUTO Sedion of the Business THE MOST WE WILL PAY FOR ANY ONE ~ coverage Auto Coverage FOITll shows ACCIDENT OR LOSS Is provided) which autos are covered autosl LIABILITY 1 $ 500,000. 12311, PERSONAL INJURY PROTECTION 5 Separately Stated In Each PIP Endorsament Minus Any (or eouivalent No-Fauli coveraae) Soecifled Aoolicable Deductible, 257. ADDED PERSONAL INJURY PROTECTION (or equivalent Separately Stated In Each Added PIP EndOl1l8f1l8nt Added No-Fauli coverage) AUTO MEDICAL PAYMENTS 2 $ 2,000. 42. UNINSURED MOTORISTS 2 $ 50000. 527. Adual Cash Value or Cost of Repair, Whichever Is Less W COMPREHENSIVE Minus any Specified Dedudible Under Item THREE or 1,107. \!) COVERAGE 7,8 FOURApplicable for Each Covered Auto For All Loas ~ Exceot Fire or Liahtnino. C SPECIFIED CAUSES OF Adual Cash Value or Cost of Repair, Whichever Is Less C Minus $25 Deductible for Each Covered Auto for Loss ...I LOSS COVERAGE Caused bv Mischief or Vandalism. ~ Adual Cash Value or Cost of Repair, Whichever Is Less ~ COLLISION COVERAGE 7,8 Minus any Specified Dedudible Under Item THREE or 2,528. ::c FOUR for Each Covared Auto. IL TOWING AND LABOR $ For Each Disablement of a Privata Passenoer Auto ESTIMATED TOTA,L PREMIUM FOR THIS COVERAGE PART I $ lS,nO. FORMS AND ENDORSEMENTS applying to this Coveraga Part: IL 00 21 (OHl2) CA7028(07-OO) CA0001(lG-Ol) CA7193(06-00) CA7189(05-00) CA7187(05-00)CA719O(05-OO) CA012S(02lO3) CA0267{1D-94) CA0022(02-99) CA2172(02..Ql) CA221 0(1G-02) CA2356(11..Q2) CA2201 (01-87) CA991 0(1 0-01) CA71 00(1 0-01) CA9903(12-93) CAOO45(03-03) CA9944(12-93) CA0051 (12..Q4) c( m Countersigned by 6 ~ ~..IJ"1,.-- . Auth ed Repre..n . ,J J L-J / (J1 Dale -I CA-7026 Edliion 7-00 Includes <:opyrighted material of Insurance Services Office, wlih lis p8Rnlssian. Copyright, Insurance Services Office, Inc., 1985. One Copy Each - Insured; Agent; Home Office; Branch OffIce; Audli Pagelof2 3uslness Auto Coverage Form Declarations (continued) POLICY NO. SA 4J 37 17 ~n (X) in premium column below denotes coverage is provided. TEM THREE - SCHEDULE OF COVERED AUTOS YOU OWN , I Location TM Zooo Radius of 0jIef0ti0n (MIes) # BusIness Use 5 R C ORIGINAL COST NEW or SYMBOl Vo.. Trade Name and Body Type GWlIGON Vehicle ldenlificatlon NuR"ller (VIN) Place of Prilcipal Garaging 1 2 3 4 5 COVERAGESIPREMIUM INDICATOR AND DEDUCTIBLE CODES SCHEDULE ATTACHED I Added Mod. InSUlW1CO SpocIiod . Tow- No. LIabiIty PIP PIP Ply. UM UIM Class Valuollon ~ ea.. of Loos ~ r.v (StatedAmt.) Code + Code t Cade@ 1 2 3 4 5 An (X) denotes premium is included and c;,veraga is provided. Codes 'GWI-GIOOS Vehicle Weight GCW-GIOOS Combination Weight @CollisNlnDeductible: A-$50, 8-$100, C-$l50. 0-$200. E-$250, F-$500. G-$1000. -- Use: S=SeIvice; R=RetaI; C=CommerdaI H-$2000, I~, J-8oe Endorsement +CllIllpmhenslve Deductible: A-tIo Deductible, 8-$50, C-$l00, 0-$200, E-$250, F-$500, tSpecified Causes of Loss: A.fia; B.fia and Thoft. C.fia. Theft II1d w-.n; D-l.inIlod G-$l000, H-$2000, 1-$3000, J-Sea EndoIsement Specified Causes of Loss; E-5pec1lisd Causes of Loss Exce t for Towin All Ph sical Dam e Loss Is Po able to You And The Loss Po ee Named Below As Interests Ma or At The Time 01 Loss. LOSS PA YEEIS), (Name and Address) See Loss Payable Clause uto Name Street. City, State and Zip Number Orlando Freightliners 2455 S Orange Blossom Trail, Apopka, FL 32703 .' GMAC P.O. Box 2525, Hudson, OH 44236 010 First Estate Bank of Ke La . Insurance Service Ctr. 1201 Simonton Street. Ke West FL 33040 ITEM FOUR - SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE. LIABILITY INSURANCE - RATING BASIS, COST OF HIRE STATE ESTIMATED COST OF HIRE FOR EACH STATE PREMIUM FL IF ANY $102, Cost of hire means the total amount you incur for the hire of autol you don't own (not including lutOI you borrow or rent from your partners or employees or their family members). Cost of hire does not include charges for services performed by motor carriers of property or palsengers. PHYSICAL DAMAGE COVERAGE COVERAGES LIMIT OF LIABILITY - THE MOST WE WILL PAY DEDUCTIBLE PREMIUM COMPREHENSIVE Actual Cash Value, Cost of Repairs or $ 35,000. Whichever is Less. Minus 515. 5500. Deductible for Each Covered Auto. For All LOll Except Fire or Lightning. SPECIFIED CAUSES Actual Cash Value, Cost of Repairs or 5 Whichever is Lesl, Minus OF LOSS $25 Deductible for Each Covered Auto, for Lou Caused by Mischief or Vandalism. COLLISION Actual Cash Value, Cost of Repairs or 5 35,000. Whichever is LeSI, Minus 510. $500. Deductible for Each Covered Auto PHYSICAL DAMAGE INSURANCE for covered autol you hire or borrow is excess unless indicated below by "1IlI." D if this box is checked, PHYSICAL DAMAGE INSURANCE applies on a direct primary basis and for purposes of the condition enlitled OTHER INSURANCE. any covered auto you hire or borrow is deemed to be a covered auto you own. ITEM FIVE - SCHEDULE FOR NON.QWNERSHIP LIABILITY Named Insured's Business Ratlng Balls Number of Employess Number of Partners Number of Employees Number of Volunteers Includes copyrighted matarial of Insurance Services Office, with tts permission. Copyright, Insurance Services OffICe. 1985. Premium r than a Social Service Agency 25 5105. ial Service Agancy CA-7026 (Edition 7-00) One Copy Each - Insured; Home OffICe; Agent; Branch Office; Audtt Page 2 of2 VEHICLE SCHEDULE No.#1 INSURED: JTD Contracting, Inc. I Policy Number. BA4J 3717 CLES I Place of Garaging Radius of Business Use ORIGINAL . Vehicle IdentifICation S=Service No. Year Trade Name and Body Type GWl/GCW Number (VIN) Principal Terr. Operation R=Retaii COST NEW Location Zone (Miles) C=Commercial or SYMBOL 001 1999 ::hevy Pickup Truck . 1GBHC33R6XF015023 =L 132 S 18,000. 002 1994 ;oop Trailer-Lowboy .. 1H9FB243P10473131 =L 132 15,000. 003 1987 Eager Beaver Trailer Low- 112HGBZOXHT350319 FL 132 10,000. Bov 004 1987, Continental Trailer I 1 ZJ BSZOZ5H 1 006848 FL 132 ,500. 005 2001 Chevy Silverado Flatbed 1GBJC39U31F117173 FL 132 S 8,000. Truck .. 006 1995 Ford LN900 1FDYR90V1SVA06593 FL 132 S 4,336. 007 1975 Great Dane Trailer Flatbed .. 314958 FL 132 1,000. 008 1999 Freightliner MOL FL 70 ./ 1FV3HJAC9XHA56560 FL 132 S 3,000. 009 ~004 ~MC Sierra Pickup ./ 1 GTHK231 04F168026 FL 132 S 3,481. 010 ~Oll5 phevrolet Pickup ./ 1 GCJK33285F879300 FL 132 I S 3,000. RAGE/PREMIUM INDICATOR AND DEDUCTIBLE CODE ([X] Denotes premium is included and coverage is afforded.) Insurance Compre- Specified Added Med. Causes of Collision Taw- No. Liability PIP PiP PPI Pay UM UIM Class Valuation hensiv8 Loss Deductible ing (Stated Am!.) Deductible Deductible 001 1217. 2. ~3. 1589 0 84. 0 132. 002 159. 5. 1. 3. 8589 0 35. 0 51. 003 159. 5. 3. 8599 0 28. 0 42. 004 159. 5. 3. 8589 0 28. 0 42. 005 1270. 2. 3. 1599 0 88. 0 159. 006 500. 2. 3. 34549 0 146. 485. 007 159. 5. 1. 3. 8599 44. 65. 008 500 2. 3. 34549 0 148. 0 447. 009 1217. 2. 5. 3. 01589 0 136. 0 251. 010 1217. 2. 5. 3. 01599 0 143. 295. S: WI - Gross Vehicle Weight; GCW - Gross Combination Weight CA-71oo (Ed. 10-01) VEHICLE SCHEDULE No.#2 INSURED: r Contracting, Inc. HICLES I Policy Number: BA4J 3717 Place of Garagln, Radius of Business Use ORIGINAL . Vehicle Identification S=Service , No. Year Trade Name and Body Type GWlIGON Number (VIN) Principal Terr. Operation R=Releil COST NEW Location Zone (Miles) C=Comrnercial or SYMBOL 011 ~005 ~nderson Trailer .,/' YNBN1 B295C033566 IFL 132 5,000. 012 007 !chevrolet Avalanche /} GNFK12397G163793 L 132 S ~2,000. tERAGElPREMIUM INDICATOR AND DEDUCTIBLE CODE Denotes remium is included and covera e is efforded.) Insurance Campre- Specified Added Med. Causes of Collision Tow- No. Liability PIP PIP PPI Pay UM UIM Class Valuation hensive LOSI Deductible ing (Stated Am!.) Deductible Deductible 011 159. 5. 1. 3. 68589 F 33. F 55. 012 1217. 2. 3. 01589 " 154. " 437. , " DES,_~". .. - . ( [X] p g GWI Gross Vehicle Weight, OCW Gro.. Comblnetion Weoght CA-71 00 (Ed. 10-01) " POLICY NUMBER: COMMERCIAL AUTO CA 22 10 10 02 , THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA PERSONAL INJURY PROTECTION For a covered "auto" licensed or principally garaged in, or "garage operations" conducted in, Florida, this en- dorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. ' This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 04-15-07 Countersigned By: Named Insured: JTD Contracting, Inc. (Authorized Representative) We agree with the "named insured", subject to all the provisions of this endorsement and to all of the proviSions of the policy except as modified herein, as follows that: - SCHEDULE Any Personal Injury Protection deductible shown in the Declarations of $ is applicable to 0 the following "named insured" only: o each "named insured" and each dependent - "family member". o Work loss for "named insured" does not apply. o Work loss for "named insured" and dependent - "family member" does not apply. Benefits limit Per Penson Up to $10,000 Total Aggregate Limit Death Benefits $5,000 (included in aggregate) 80% of medical expenses subject to total aggregate limit 60% of work loss subject to total aggregate limit Replacement subject to total Services Expense aggregate limit .. ~ JLog~ntry___1lfl8~rsalJ<)v~_, information required to complete this endorsement will be shown in the Declaretions .- as applicable to this endorserrient.l . Medical Expenses Work Loss CA 22 10 1002 @ISO Properties, Inc., 2002 Page 1 of 6 o ~ - .1-.. 2. Any amount paid under this coverage will be reduced by the amount of benefits an injured person haii\ been paid or is entitled to be paid for the same elements of "loss" under any workers' compensation law. , 3. If personal injury protection benefits, under the Florida Motor Vehicle No-Fault Law, have been received from any insurer for the same ele- ments of loss and expense benefits available under this policy, we will not make duplicate payments to or for the benefit of the injured person. The insurer paying the benefits shall be entitled to recover from us its pro rata share of the benefits paid and expenses incurred in. handling the claim. 4. The deductible amount shown in the Schedule will be deducted from the lesser of: e. The total benefits otherwise payable under this insurance to anyone person in anyone "accidenf'; or b. The applicable limit of ou r liability. The total benefits otherwise payable means the total amount of medical expenses, work loss, and replacement services expenses after the application of any percentage limitation set forth in the Schedule. The deductible does not apply to the death benefit. E. Changes In Conditions The Conditions are changed for Personal Injury Protection as follows: 1. Duties In The Event Of Accident, Claim, Suit Or Loss In the event of an "accidenf', the "named in- s'ured" must give us or our authorized repre- sentative prompt written notice of the "acci- denf'. If any injured person or his or her legal repre- sentative institutes a legal action to recover damages for "bodily injury" against a third party, a copy of the summons, complaint or other process served in connection with that legal ac- tion must be forwarded to us as soon as possi- ble by the injured person or his or her legal rep- resentative. 2. Legal Action Against Us is changed by add- ing the following: a. Except as provided in Paragraph b. below, no one may bring a legal action against us under this insurance until 30 days after the required written notice of "accidenf' and reasonable proof of claim have been filed with us. CA 22 10 10 02 b. No legal action may be brought against us with respect to an overdue claim until 7 business days after the receipt of a demand letter by us, if such demand letter is re- quired by, and is in accordance with, the Florida MotorVehicle No-Fault Law and has been sent to us via U.S. certified or regis- tered mail. 3. Transfer Of Rights Of Recovery Against Others To Us is replaced by the following: Unless prohibited ,by the Florida Motor Vehicle No-Fault Law, in the, event of payment to or for the benefit of any injured person under this coverage: a. We will be reimbursed for those payments, not including reasonable attomeys' fees and other reasonable expenses, from the pro- ceeds of any settlement or judgment result- ing from any right of recovery of the injured person against any person or organization legally responsible for the "bodily injliry" from which the payment arises. We will also have a lien on those proceeds. b. If any person to or for whom we pay bene- fits has rights to recover benefits from an- other, those rights are transferred to us. That person must do everything necessary to secure our rights and must do nothing af- ter loss to impair them. c. The insurer providing personal injury protec- tion benefits on a private passenger "motor vehicle", as defined in the Florida Motor Ve- hicle No-Fault Law, shall be entitled to re- imbursement to the extent of the payment of personal injury protection benefits from the "owne~' or the insurer of the "owne~' of a commercial "motor vehicle", as defined in the Florida Motor Vehicle No-Fault Law, if such injured person sustained the injury while "occupying", or while a "pedestrian" through being struck by, such commercial "motor vehicle". 4. The following condition is added: Payment Of Benefits Personal injury protection benefits payable un- der this coverage form, whether the full or par- tial amount, shall be overdue if not paid within 30 days after we are furnished with written no- tice of the covered "loss" and the amount of the covered "loss" in accordance with the Florida Motor Vehicle No-Fault Law, .@ ISO Properties, Inc., 2002 CJ Page 3 of 6 ~ , , 4. Provisional Premium In the event of any change in the rules, rates, rating plan, premiums or minimum premiums applicable to the insurance afforded, because of an adverse judicial finding as to the constitu- tionality of any provisions of the Florida Motor Vehicle No-Fault Law providing for the exemp- tion of persons from tort liability, the premium stated in the declarations for any Liability, Medical Payments and Uninsured Motorists in- surance shall be deemed provisional and sub- ject to recomputation. If this pOlicy is a renewal policy, such recomputation shall also include a determination of the amount of any retum pre- mium previously credited or refunded to the "named insured" pursuant to Sections 627.730 through 627.7415 (1988) of the Florida Motor Vehicle No-Fault Law with respect to insurance afforded under a previous policy. If the final premium thus recomputed exceeds the premium shown in the Declarations, the "named insured" shall pay to us the excess as well as the amount of any retum premium pre- viously credited or refunded. 5. Special Provisions For Rented Or Leased Vehicles Notwithstanding any proviSion of this coverage to the contrary, if a person is injured while "oc- cupying" or through being struck by, a "motor vehicle" rented or leased under a rental or lease agreement, the personal injury protection afforded under the lessor's policy shall be pri- mary, unless the face of the agreement con- tains, in at least 10-point type, the following language: The valid and collectible personal injury pro- tection insurance of any authorized rental or leasing driver is primary for the limits of personal injury protection coverage required by Section 627.736, Florida Statutes. 6. Polley Period; Territory The insurance under this Section applies only to "accidents" which occur during the policy pe- riod: a.' In the state of Florida; b. As respects the "named insured" or any "family member", while "occupying" the covered "motor vehicle" outside the state of Florida but within the United States of America, its territories or possessions or Canada; and CA 2210 10 02 c. As respects the "named insured", while "occupying" a "motor vehicle" of which a "family member" is the "owner" and for which security is maintained under the Flor- ida Motor Vehicle No-Fault Law,outside the state of Florida but within the United States of America, its territories or possessions or Canada. G. Additional Definitions As used in this endorsement 1. "Motor vehicle" means any self-propelled vehi- cle with four or more wheels which is of a type both designed and required to be licensed for use on the highways of Florida and any trailer or semitrailer designed for use with such vehi- cle; However, "motor vehicle" does not include: a. A mobile home; b. Any "motor vehicle" which is used in mass transit, other than publiC school transporta- tion, and designed to transport more than five passengers exclusive of the operator of the motor vehicle and which is owned by a municipality, a transit authority, or a political subdivision of the state. 2. "Family member" means a person related to the "named insured" by blood, marriage or adoption including a ward or foster child who is a resident of the same household as the "named insured". 3. "Named insured" means the person or organi- zation named in the Declarations of the policy and, if an individual, shall include the spouse if a resident of the same household. 4. "Occupying" means in or upon or entering into or alighting from. 5. "Owner" means a person or organization who holds the legal title to a "motor vehicle", and also includes: a. A debtor having the right to possession, in the event a "motor vehicle" is the subject of a security agreement; b. A lessee having the right to possession, in the event a "motor vehicle" is the subject of a lease with option to purchase and such lease agreement is for a period of six months or more; and @ ISO Properties, Inc., 2002 o Page 5 of 6 .' POLICY NUMBER: SA 4J 37 17 ~ COMMERCIAL AUTO CA 2172 02 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA UNINSURED MOTORISTS COVERAGE - NON-5T ACKED For a covered "auto" licensed or principally garaged in, or "garage operations" conducted in, Florida, this endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM T~UCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 04-15-07 Countersigned By: Named Insured: JTD Contracting, Inc. (Authorized Reoresentative) , SCHEDULE Limit Of Insurance $ 50,000. Each "Accident" (If no entry appears above, information required to complete this endorsement will be shown in the Sched- ule or Declarations as applicable to this endorsement.) A. Coverage 1, . We will pay all sums the "insured" is legally entitled to recoyer as compensatory dam- ages from the owner or driver of an "unin- sured motor vehicle". The damages must re- sult from "bodily injury" sustained by the "in- sured" caused by an "accident". The owner's or driver's liability for these damages must result from the ownership, maintenance or use of the "uninsured motor vehicle". 2. With respect to damages resulting from an "accidenf' with a vehicle described in Para- graph b. of the definition of "uninsured motor vehicle", we will pay under this coverage only if a. or b. below applies: a. The limit of any applicable liability bonds or policies have been exhausted by judg- ments or payments: or -I CA 21 72 02 01 b. A tentative settlement has been made between an "insured" and the insurer of the "underinsured motor vehicle" and we: (1) Have been given prompt written notice of such tentative settlement; and (2) Advance payment to the "insured" in an amount equal to the tentative set- tlement within 30 days after receipt of notification. 3. Any judgment for damages arising out of a "suit' brought without our written consent is' not binding on us. B. Who Is An Insured 1. You. 2. If you are an individual, any ''family member". Page 1 of 5 Copyright, Insurance Services Office, Inc., 2000 o ~ e -I E. Changes In Conditions The Conditions are changed for Uninsured Mo- torists Coverage Non-Stacked as follows: 1. Other Insurance in the Business Auto and Garage Coverage Forms and Other Insur- ,ance - Primary And Excess Insurance Provisions in the Truckers and Motor Car- rier Coverage Forms are replaced by the fol- lowing: If there is other applicable insurance avail- able under one or more Coverage Forms, policies or provisions of coverage: a. The maximum recovery under all Cover- age Forms or policies combined may equal but not exceed the highest applica- ble limit for anyone vehicle under any one Coverage form or policy providing coverage on either a primary or excess basis. b. Any insurance we provide with respect to a vehicle you do not own shall be excess over any collectible uninsured motorists insurance providing coverage on a pri- mary basis. c. If the coverage under this Coverage Form is provided: (1) On a primary basis, we will pay only our share of the loss that must be paid under insurance providing coverage on a primary basis. Our share is the pro- portion that our limit of liability bears to the total of all applicable limits of liabil- ity for coverage on a primary basis. (2) On an excess basis, we will pay only our share of the loss that must be paid under insurance providing coverage on an excess basis. Our share is the pro- portion that our limit of liability bears to the total of all applicable limits of liabil- ity for coverage on an excess basis. 2. Duties In The Event Of Accident, Claim, Suit Or Loss is changed by adding the fol- lowing: a. Promptly notify the police if a hit-and-run driver is involved; and b. Promptly send us copies of the legal pa- pers if a "suif' is brought. CA 2172 02 01 c. A person seeking Uninsured Motorists Coverage must also promptly notify us in writin!il by certified or registered mail of a tentative settlement between the "insured" and the insurer of the vehicle described in Paragraph b. of the definition of an "unin- sured motor vehicle" and allow us 30 days to advance payment to that "insured" in an amount equal to the tentative settle- ment to preserve our rights against the in- surer, owner or operator of such vehicle described in Paragraph b. of the definition of an "uninsur.ed motor vehicle". 3. Transfer Of Rights Of Recovery Against Others To Us is changed by adding the fol- lowing: If we make any payment and the "insured" recovers from another party, the "insured" shall hold the proceeds in trust for us and pay us back the amount we have paid. ' Our rights do not apply under this provision with respect to Uninsured Motorists Cover- age if we: a. Have been given prompt written notice of a tentative settlement between an "in- sured" and the insurer of a vehicle de- scribed in Paragraph b. of the definition of an "uninsured motor vehicle"; and b. Fail to advance payment to the "insured" in an amount equal to the tentative set- tlement wilhin 30 days after receipt of no- tification. If we advance payment to the "insured" in an amount. equal to the tentative settlement within 30 days after receipt of notification: a. That payment will be separate from any amount the "insured" is entitled to recover under the provisions of Uninsured Motor- ists Coverage; and b. We also have a right to recover the ad- vanced payment. 4. The following Condition is added: a. Arbitration (1) If we and an "insured" do not agree: (a) Whether that person is legally enti- tled to recover damages under this endorsement; or Page 3 of 5 Copyright, Insurance Services Office, Inc., 2000 o ~ , I .. d. For which neither the driver nor owner can be identified. The land motor vehicle or trailer must: (1) Hit you or any "family member", a cov- ered "auto" or a vehicle you or any "family member" are "occupying"; or (2) Cause an "accident" resulting in "bod- ily injury" to you or any ''family mem- ber" without hitting you, any "family member", a covered "auto" or a vehicle you or any ''family member" are "occu- pying". If there is no physical contact with the land motor vehicle or trailer, the facts of the "accident" must be proved. We will only accept competent evidence other than the testimony of a person making claims under this or any similar coverage. However, "uninsured motor vehicle" does not include any vehicle: a. Owned by a governmental unit or agency; b. Designed for use mainly off public roads while not on public roads; or c. Owned by or furnished or available for the regular use of you or any "family member" unless it is a covered "auto" to which the Coverage Form's Liability Coverage ap- plies and liability coverage is excluded for any person other than you or any ''family member". CA 21 72 02 01 Page 5 of 5 Copyright, Insurance Services Office, Inc., 2000 o .' POLICY NUMBER: BA 4J 37 17 COMMERCIAL AUTO .~ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFli.LY. NAMED INDIVIDUALS - BROADENED PERSONAL INJURY PROTECTION COVERAGE , I This endorsement modifies insurance provided under the following: PERSONAL INJURY PROTECTION ENDORSEMENT This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective 4-15-07 Named Insured JTD Contracting, Inc. Countersigned By (Authorized Representative) SCHEDULE Name of Individual State Premium Johnny, Gall, David & Dawn Florida $8.00 Debrule (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) An individual named in the Schedule of this endorsement shall be considered a "named insured" for the personal injury protection coverage provided for the state shown in the Schedule. CA 22 01 01 87 Page 1 of 1 o Copyright, Insurance Services Office, Inc., 1986 ~ , -I ! POLICY NUMBER BA4J 3717 COMMERCIAL AUTO CA 9910 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DRIVE OTHER CAR COVERAGE - BROADENED COVERAGE FOR NAMED INDIVIDUALS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE~OVERAGEFORM ,MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 04-15"()7 Countersigned By: Named Insured: JTD Contracting, Inc. (Authorized Reoresentativel SCHEDULE Auto Medical Name Of Individual Liabllltv Pavmenta Limit Premium Limit Premium Johnny & Gall Debrule 500,000. $171. 2,000. $2. David & Dawn Debrule Physical Uninsured Underinsured Damaa. Name Of Individual Motorists Motorists Camp. Call. Limit Premium Limit Premium Johnny & Gall Debrule 50,000. $11. $25. $55. David & Dawn Debrule Note - When uninsured motorists is provided at limits higher than the basic limits required by a financial responsi- bility law, underinsured motorists is included, unless otherwise noted. If underinsured motorists coverage is pro- vided as a separate coverage, make appropriate entry in the Schedule above. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) CA 9910 10 01 Ie ISO Properties, Inc., 2000 Page 1 of 2 o - ~ PLEASE iiE\lIEW TI-lIS 8lNDER/POllCY CAREfULLY AS THE COVERAGE, I, ~i'lfuIS AI\lO COllJDll"IONS MAY . V FROM 'fHOSE INITIALLY COVER NOTE , tJESrm iN YOU" m..l8M1SS:mJ. OF INSURANCE EFFECTED THROUGH TRIDENT MARINE MANAGERS, INC. 14425 Torrey Chase Blvd, Suite 200, Houston, TIC 77014-1648 Cover Note Number: TRC-402086 Renewal or Cover Note Number: TRC-401751 ~~A TRIDENT '-AJ In accordance with authorization granted to TRIDENT MARINE MANAGERS, INC. by certain admitted and/or non admitted insw-ers (hereinafter called "UNDERWRITERS") whose names and proportions. underwritten by them are or will be on file in the office of TRIDENT MARINE MANAGERS, INC., and in consideration <1f the stipulations and premium shown, ~ENT MA~ MANAG~, INC. has placed insurance for the limits or ~~~cI,f.~d{Ai A03433< the term Stipulated, accordIng to the followmg: S1. Agent AlXn6s; 6161 Blue lagooo DriYe 142 MM. R. 33126 NAME OF.ASSURED: J1D Contracting, Inc. dba Upper Keys Marine Construction PnxbingAgart t<.' r1.t....:... i1cd-..../~_ ADDRESS. P.O. Box 2790 ProduciIJJAgentAlXn6s; 616181ual,aomDlMiI42l Key Larso, FL 33037 '-Iani, Fl 33126 TERM: From: February 9, 2007 OPERATION OR CLASS Of BUSINESS: AMOUNT OR LIMIT: TYPE OF COVERAGE: To: February 9, 2008 Marine construction As per the attached. As per the attached. /ot.l'C' Acting upon the instructions of: Butler, Buckley, Deets, Inc. 6 I 6 I Blue Lagoon Dr., Suite 420 Miami Lakes, FL 33126 At the times as per the attached Gross Premium: ID,oe> o. l'b .st:>".l'C FteS: Ir_1k",,: Poicy: Hu'~ Other: t..L. Tax (5'4):./ FSLSO fee (.8%): Ef'MA Ffl9: IO.C{' - We confirm that we, the undersigned, have procured insurance as hereinafter specified from: C "^" . d!l.iUl as I ~,c. .cnf.rr."....., .: Lloyd's of London Underwriters - as per attached (hereinafter called the ''UNDERWRITERS''). Producing Agent, the A6sU~ed's Agent herernafter called The Producer", shall remit applic- able state taxes to Trident Marine Managers, Inc. for tho State ot Texas. The Producer assumes all responSibility for such stata taxes, if any, In all other states. Whichever party Is responsible for the payment of taxes shall also be responsible for full com. pllance with relevant wrplus Hoes laws of the other states, Including the filing of affidavit and other doo- Th. C N . mad d ted b' . all th . . ~ d umenta, II anyditi.. . ~....... h . IS over ote IS e an accep su !)ect to e provISIOns, ,orms, en orsements and con ons set >un" erem or appearing in this Cover Note which are specifically referred to and made a part of this Cover Note, together with such other provisions, conditions, forms and endorsements as may be endorsed herein, or attached hereto; and no officer, agent, broker or representative other than TRIDENT MARINE MANAGERS, INC. Houston, Texas, or the UNDERWRITERS sha1l have the power to waive or be deemed to have waived any provision, condition, form or endorsement of the Cover Note unless such waiver, if any, shall be issued and executed by TRIDENT MARINE MANAGERS, INC. Houston, Texas, nor shall any privilege or permission affecting the Insurance under the Cover Note exist or be claimed by the Assured unless so issued and executed. Premium: Certificate Fee: Federal Tax: % State Tax: % Stamping Fee: % Total: SI0,500.00 NOTICE: NO FLAT CANCELLATIONS ALLOWED SIO,ooo.oo S500.00 -I This Cover Note shall not be valid unless signed by TRIDENT MARINE MANAGERS, INC. Insurance i& ~~IlbMllh,1'IaIa . TRIDENT MARINE MANAGERS, INC. s u~~=: :'notPe~l18lhel18Ured by SUrplus by authority of the UNDERWRITER'S . ,..ve P1ott..Uu.1 or ltIe Florid~ Insurance Gueranty Act 10 the extent of . . , any nght of recovery k>r the obligation of an Insolvent unlincenaed inaurer. APril 5. 2007 Surplus Lines Agenfa Counterslgne\ljre: H~^.... .\ ~ .. _ Ofl, ORIGINAL "'11 '1', /) .- ') , MARINE COMPREHENSIVE LIABILITY . THIS ENDORSEMENT CHANGES.THE POLICY, PLEASE READ IT CAREFULLY. LIMITED pOLLUTION BUY-BACK (72 HOUR) ENboRSEMENT (MOL 029l1122) This endmement modlfles lnaUi'8nca provided under: Marlne Comprehensive Liability Coverage Form SCHEDULE Ftemlum: S tlncluded) In conslderallon.of the addlllonal premium shown In the schedule to thIa endmement endsubjecl to the terms and.condltlOl18 of the policy, It 1, agreed that: . 1. Exclusion 10 of SecUon II. A. shall be voided, but only to the extent of the coverages provided under this endmement and .provfdad that you establish that all of the foJIowIi1g condltlona have been met: . e, The discharge, dispersal, releaSe or escape was neither expected nor Intended by the Insured. . A discharge, dispersal. release or esCape shall not be considered . unintended or unexpected unless caused by some Intervening event neither expected nor Intended by the Insured. " , b. The. discharge, dispersal, releaes or escape can be Ider.lllfled 8S oommenclng at a speclllc Ume and date durlng the term of thle policy. c. The discharge, dispersal, relesse or escape became known 10 the Insured within 72 hours after its oommfincament and was reportad to Underwriters WIthin thirty (30) days theraeftar. . d. The discharge, dispersal, release or. escape did not result from the Insured's IntanUonaI and wIlful violation of any govemmentstall!te, rule 9r regulatlori. 2.. Exclusion 10. of Section II. A. shall not apply to clean up cOsts that result from mltlg8llon of, 8 . seepage and pollution claim. from .a covered .pollutlor.l Incident Clelll'l up cioelt ahall be daflned uth!l8e expenses Incurred as a dll'ecl result of the removal, treatment, defoxlt'lcetlon or neutrallzallon of pOllutanlt.or hll28rdous stlbstanoas 88 legally manclalad by goveiTImenlal authority excludlr18, however,1he COlt of en~lII1.lmpaot studies. SUCh cIeen up expenses are part of (nollnaddltlon to) the IImItB of lability of this policy 8nd wllll'8duca the limits of 1I8b111ly avellablll for payments of judgeinenta or settlemenlt. . 3. Nothing contained In this endorsement shall ~ to provide any coverage hereon for lIa!:lIlIty,. expense or costs, whether Incurred fortuitously. accIdantally and/or intentionally end whether or nol environmental In nature, with raapect 10: a. .Loss of, dam. to or Io8s . of use of property dlrecUy or Indirectly reeulttng from subsidence caused by your sub-surface opereUone or sub-eurfaQa operations performed . on your behalf. , b. Remover of, lose of or damage 10 SUb-eurfaca oil, gas or any other substance. c. Fines, panaltles, crlmlnal coste of defense, punitive demage, exemplary damages or any other damagee resulUng from the multlpllcatron of compeneatory demegee. MCL 0295122 Page I of2 ~ ui \ , .~ .# 1--- /"') , ') '. d. Any site or loCation .used. In whole or .In p!llt for the handling, proc:e8slng, treatment, storage, disposal or dumping of any waste materials or substence or the lfanspol'latloli of 8IlY wasta material. or.substancee. e. .Losaes resulting from Blowout and/or Crater1ng. f. Losses resulting from and/or caused by watercraft which you own, operata, charter, lease and/or borraw. . g. Losses which arise solely because of provisions c:ontelnllCl lri-the 011 PoIlutlon Ad. of 1990, state and local government enldr.onmentel Acl8, as walt as their successor Ads end. which would not heve been covered hereunder hed those Acte not been enfDl'C8d. It Is also understood an~ agreed thet this Insurance does not constltule evldance of flnanclel responsibility under the 011 Pollution Act of 1990 or eny slmnar federal or state law or 10081 government.Acts and It Is 8 warranty of this Insu~ce that It shall nolbe submitted to the United stales COS8t GUf!rd or any other federal or stale Gr local government aglll\QY as evidence ot financial rB8pon8lbftlty. Wa do not con8ent to be guarantors. 4. All other Terms i1nd Condltlon8 Remain Unchanged, , MCL029S122 Pap 2 of2 "''''-'1'1&#'.', "'...,... ............. -- --. ------ - -- ~- --- IlUCllK THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMAl1ON ONLY AND CONFERS NO. RIGHTS UPON THE CERTIFICATIE rLI!:R, BUCELZY, DOTS INC. HOLDER. THIS CERl1ACATE DOES NOT AMEND; EXTEND OR ~1 ~UB LAGOON Dll.., iSD 420 ALTER THE COVERAGE AFFORDED SY THI' POLICIES BELOW. UIl:I'L 33126 ~:3DS-262-DOS6 INSURERS AFFORDING COVERAGE NAlC. INSURER A: OneBeacon Insurance Co INSUFiSR B: C01lIIIla",ce ., IndustrY Ins ce ~ 1I8ys Mad.... eonai:rl1ction Ill8URER C: PO BOX 2790 JNSIJIlI!RD: Dl[ Lf!RGO I'L 33037 INSURER E:. IVERAGE8 lie POLICIES OF _ce USTEllIlELDW HAVE I!EEH 1SSlJED'" THE INSURED _ ABC>IE FOR "'" PQUCY PERIOD 1NllICATED. NOlWI1llST_ \NY IU!QU1REMENT, TERIl OIl ClllIllTION OF #Nt CllN1'RACrrOR OTHER DOCUIlENTWITH RESPECT'" WHlClt"llllS CERI1F1CAlE lIAV BE IBBueo OR MV PERTAIN. THE lIISURANCSAFFOADED BY 1ltE POLIClEB IlESCRIIIEO HEREIN IB SUBJECT'" I\LI. 1HE 'IEIWll, _AND CONDlTIONIl OF BUCH '<lIJClE8. AGGREGAlEUllllS_....V HAVEBEEN REOUCEIl BYPAlDClAIMB. ~ It TYPECWINSURA~ POUCYWIIBIR ~ ~ ' ~uoanY EACH OCCURRENCE X _tiABIJlY QS.:JH90033 '02/09/07 02/09ioB PRE.....;'1...........' 1 a..wB u- ~ OCCUR lIED El(PIMY-_1 PERSONAla__ GENERAL_1E PRllDUCTB. COMPIlll'_ l.IIlI18 11 000 000 150 000 IS.ooli 11 000.000 I 2 lioO 000 I 1 000 000 ~_'lELIMlT~PI!t X IPOUCYI I':!IN; I ILOC ~uoanY I---AUlO I-- I\LI. -'Sl NJ1IllI I-- 8CHEIII-IlnAUTOa _ HlRBlAlllllll _~AIIIIllI COlIlllNED SINGllO'-- I (Eo -.Q IIODIl.V IIWRY . ~_J IlClIlI. v 0I.IuRv . ~1IOddolO) ~r, DMIAGE . ~1IOddolO) MJTllllOLV . EA ACC1IlEHI" . .' OTHSO THAN EAI>OO . MJTllllOL'" ,.. . . EACtt OC~UrL lEI ICE . ....._1& I I . . 'r:::m ~LIA8UI'Y t5 OCCUR 0 ClMI8__ R:=. WORKERS COIIPENlA11ON AlII IIIIPI.lllIM' LIAIIJTY A >>N~~ 0FfICEMIE>lIlER EXCLIlIlOIl? .-.......- .' SPECw. PROVISIONS....... .ll11El A CONTRl\C'l'OllS EQUn 2955977 _04/01/Q7 . I,~YL i I IU,lR . 04/01l0~.. E.L EACHACCllIlNT . E.L. DIBEABE..IEA . E.L OISl!AllE. POLICY UloIT .100 .000 .100.000 .500.000 QS.:JH90034 .02/09/07 02/09/08' LDaT 250,000 DlSCftIPT10NOF OPEllA1ION8/ LOCATlllNI/1/ElIICLP/1llCI.lIBlClNS- BY~ ,- 'ROVI_ MUITIHII .EMPLOn:Rs L1AB1L1=: $1,000;000 LiMIT. JONU AC'1' 18 P1IOVmB1I. 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