Boot Key Harbor - Marine Debris
CONTRACT AGREEMENT
-7//tA )(1 /
AGREEMENT, MADE THIS .AJ/' day of / vl1 V 2002, by and
between, Blue Water Marine Services, Inc. (" Contractor "), and the BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, of the County of
Monroe, State of Florida (Board).
The Contractor and the Board, for the consideration named, agree as follows:
1. The Contractor shall furnish all the materials for the removal and legal disposal
of marine debris located in Boot Key Harbor, Marathon, Monroe County photographs are
attached as Exhibit A.
2. The work performed under the Contract shall commence immediately from the
date the Liaison provides the Notice to Proceed and shall be completed by November 30,
2002.
3. The Contractor understands the rules and procedures instituted by the Board to
ensure an orderly progress to the project.
4. The Board shall pay the Contractor the total sum of $3,380.00 for the work
listed in Exlnbit A of this Contract. Payment shall be upon completion by the Contractor
and review and approval of the close out documentation by the Marine Projects
Coordinator.
5. The attached photographs and insurance requirements together with this
Agreement form the Contract. They are fully a part of this Contract as if repeated herein
verbatim.
6. The Contractor covenants and agrees to indemnify and hold harmless Monroe
County Board of the County Commissioners from any and all claims for bodily injury
(including death), personal injury, and the property damage
(including property owned by Monroe County) and other losses, damages, and expenses
(including attorney's fees) which arise out of, in connection with, or by reason of services
provided by the Contractor or any of its subcontractor(s) in any tier, their employees or
agents. The purchase of the insurance required in the paragraph 11 does not vitiate this
indemnification provision.
7. The Contractor acknowledges his/ her intention to comply with the need to
coordinate all work with the appropriate environmental agencies, the U.S. Coast
Guard, and the County.
8. The Contractor agrees to supply the County with a set of photographs of the
complete work along with a letter certifYing completion of work.
The Contractor will be responsible for the camera, film, and development costs.
The Contractor also agrees to provide transportation for the Liaison to inspect the
completed work.
9. The Contractor understands and agrees that no payment will be made for this
project without required photographs and written certification of completion.
10. Due to the use of heavy equipment and, at times, dangerous work
environment, the Contractor understands and agrees to maintain an alcohol and drug free
work environment.
11. The CONTRACTOR will be responsible for all necessary insurance coverage
as indicated by the an "X" on the attached forms of Exhibit B identified as General
Insurance Requirements and INSKLST 1-4, as further detailed on forms WC1, WCJA,
GL 1, VL 1, & WL 1 attached as Exhibit B. All policies must list Monroe County as
additional insured with the exception or the Workers Compensation policy.
12. The Contractor warrants that it has not employed, retained or otherwise had
act on its behalf any former County officer or employee subject to the prohibition of
Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 020-1990. For breach or violation of this provision, the
owner may, in its discretion, terminate this contract without liability and may also, in its
direction, terminate this contract without liability and may also, in its discretion, deduct
from the contract or purchase price, or otherwise recover the :full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or
employee.
13. A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid on a contract to
provide any goods or services to a public entity, may not submit a bid on a contract
with a public entity for the construction or repair of a public building or public work, may
not submit bids on leases real property to a public entity, may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity in excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO ($10,000.00) for a period of36 months from the date of being
placed on the convicted vendor list.
14. The Board may terminate this Agreement with or without cause at any time
upon giving the Contractor up to 10 days notice in writing. The Contractor, upon receipt
of the notice, shall immediately cease work. The Board must pay the Contractor the
percentage of the contract price which is satisfactory to the Board up to date the
contractor received the notice of termination.
15. This Contract is governed by the laws of the State of Florida. Venue for any
litigation arising under this contract must be in Monroe County.
IN WITNESS WHEREOF the parties here to have executed this agreement by the
BOARD OF COUNWMMISSIONERS
GE, CLERK OF MONROE CO , FLORIDA
BY: \
Deputy CI Mayor/Chairman
Wftness: 4 ~ Busmess ~:_tjfxZ A~/fl-e
Witness: 7~. ?f~BY:,~._ ---
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EXHIBIT A
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l\10NROE COUNTY, FLORIDA
INSURANCE CHECKLIST
FQR
VENDORS SUBJ\UTIING PROPOSALS
FOR'VORK
To assist in the development of your proposal, the insurance coverages marked with an "X" will
be required in the event an award is made to your firm. please review this form with your
insurance agent and have himlher sign it in the place provided. It is also required that the bidder
sign the form and submit it with each proposal. .
\\TORKERS' COMPENSA nON
AND
EMPLOYERS'LIABILITY
X v..' orkers' Compensation
x Employers Liability
Employers Liability
Employers Liability
US Longshoremen &
Harbor Workers Act
X Federal Jones Act
Statutory Limits
S} 00,000/$500,000/$100,000
S300,000/S500,000/$500,000
Sl ,900,000/Sl ,000,000/$1 ,000,000
Same as Employers'
Liability
Same as Employers'
Liability
WCl
WC2
WC3
WCUSLH
~'CJA
INSCKLST 1
AdnllnlSlr3110n Inslrucllon
147092
Uf-Nl=R.\l l 1 A. B 11 ;:-7Y
As a minimum, the required general liability coverages will include:
. Premises Operations
. Blanket Contractual
. ExtJanded Definition
of Property Damage
Required Limits:
GLl
x
GL2
GL3
GL4
Required Endorsement:
GLXCU
GLLl Q
GLS
.
PrQ~ucts and Completed Operations
Personal Injury
.
$100,000 per Person; S300,000 per Occurrence
S50,000 Property Damage
or
$300,000 Combined Single Limit
S250,OOO per Person; $500,000 per Occurrence
$50,000 Property Damage
or
$500,000 Combined Single Limit
$500,000 per Person; Sl,OOO,Oqo per Occurrence
$100,000 Property Damage
or .
S1,000,000 Combined Single Limit
S5,OOO,000 Combined Single Limit
Underground, Explosion and Collapse (XCU)
Liquor Liability
Security Sen-iccs
All endorsemenlS are required to ha,'e the same limits as the basic polie)'.
AdmlO"lraI1on Instruction
1/4709 2
lNSCKLST 2
1,"0 I:.GIlIOft
VEHICLE LTABTT.~~
As a minimum. coverage should extend to liability for:
. Ovmed; Non-owned; and Hired Vehjc;les
Required Limits:
X
VLl
VL2
VL3
VL4
BRl
MVC
PROl
PR02
PR03
POLl
POL:!
POL3
EDl
ED2
GKl
GK1
GKJ
W1.1
x
x
AdmlnlSlrallon Instrucuon
1147()q~
$50,000 per Person: $100,000 per OCCUlTencc
$25,000 Property Damage .
or
$100,000 Combined Single Limit
$100,000 per Person; S300,000 per Occurrence
$50,000 Property Damage .
or
$300,000 Combined Single Limit
$500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
$5,000,000 Combined Single Lirqit
~-iTSCELT.A l\Tf:OUS cnVFRA CTES
Builders'
Risk
Limits equal to the
completed project.
Limits equal to the maximum
value of anyone shipment.
Motor Truck
Cargo
Professional
Liability
$ 250,000 per OccurrencelS 500,000 Agg..
$ 500,000 per OccurrencelSl,OOO,OOO Agg.
$1,000,000 per OccurrencelS2,000,000 Agg.
$ 500,000 per Occurrence!Sl,OOO,OOO Agg.
$1,000,000 per OccurrencclS2,OOO,OOO Agg.
$5,000,000 per OccurrencclSl0,000,OOO Agg.
$ 10,000
$100,000
Pollution
Liability
Employee
Dishonesty
Garage $ 300,000 ($ 25,000 per Veh)
Keepers $ 500,000 ($100,000 per V~h)
$1,000,000 ($250,000 per Veh)
Watercraft Liabi1ity $500,000
INSCKLST 3
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mSURANCEAGENrSST~TEMF.NT
I have reviewed the above requirements with the bidder named belo.w. The following deductibles
apply to the corresponding policy. '.
. .
DEDUCTIBLES
POLICY
Liability policies are _ Occurrence _ Claims h1ade
Signature
Insurance Agency
.
BTDDf:RS STATEMENT
.
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all the requirements.
Signature
Bidder
INSCKLST 4
AdminiSU'3uon I nS\rllclion
'4709.2
1Y'10 un_
-' .
\VORKERS' COMrE~ATION
INSURANCE REQUIREl\{ENTS
FOR
CONTRACT
,
BEnVEEN
l\{ONROE COUNTY, FLORIDA
AND
Prior to the conunencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance ",rith 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
.I
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorlzed 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 Certifical
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 require
In additio~ the Contractor may be required to submit updated financial statements from the fur
upon request from the County.
\Vel
AdminIstration Instruction
"'709,2
1996 EditiOft
\\'ORKERS' COl\{~NSATION
INSURANCE REQUIREMENTS
FOR
CONTRACf
. '
BET\VEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract involves Maritime Operations, the Contractor's
Workers' Compensation InsuranCe Policy shall include coverage for claims subject to the Federal Jor
Act (46 U.S.C.A. subsection 688) with limits not lcss than those specified for Employer's Liability.
The Contractor shall be permitted to provide Jones Act Coverage through a separate protection and
Indemnity Policy I in so far as the coverage provided is no less restrictive than would have been prov:
by a W orkers' Compensation policy. l
\\'CJ A
AdmlnlslI allon Instruction
U 704 2
1996 Edition
GENERAL LIABU--:TY.
INSURANCE REQUlREl\lENTS
FOR
CONTRACT
I
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contrac~ the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
. Premises Operations
. Products and Completed Operations
. Blanket Contractual Liability
. Personal Injury Liability
. Expanded Defmition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
~
$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 additio~ the period for which claims may be reported should o."t~nd for a minimum of twelve
. (12) months following the acceptance of work by the County. . - ..-
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfY the above requirements.
GLl
^dmtnlSlra\lon I nSlfUC\lOn
141092
1996 Edilian
VEHICLE LIABILi~~ '.
INSU~~CE REQUIREMENTS
FOR
CONTRACT
BETWEEN
~{ONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use ofvehiclcs, the Contractor,
prior to the commencement of wo~ shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contraCt and include, as a minim~ liability coverage for:
. Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
. $100,000 Combined Single Limit (CSL)
.a
If split limits are provided, the minimum limits acceptable shall be:
. ,
$ 50,000 per person
$100,000 per Occurrence
$ 25,000 Property Damage
The Monroe County Board of County commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
VLl
AdnllOlSU3t1un II\!i\ructlon
U7092
KO
1996 ElSi&ioa
.
POLLUTION UABn..ITY
INSURANCE REQUIREMENTS
FOR
CONTRACI"
BETWEEN
MONROE COUNTY, FLORIDA
Al\'D
RecogIl;;r;,.g that the werle gO\'emed by Ibis canuact involves the stctzSe, tteattJ1CI1t, precessing,
or uansportilm of'ba%ar1ious materia1s (as defined by the Federal ~ ProteCtion
Agency), the Ccmuactllr shaI1 purc?as: and maimain. tbroughout the um of'the CllI1Ir3Ct.
PoUWOIl liabilitY Insurance which wU1 ~~,to bodily injury, propertY d"",age, and
=\rironmental damage caused by a ponunon tncdent.
,
f
The IIl;rlh"um limits of liability shall be:
5500,000 per Occmrcnc::'Sl,OOO,OOO Aggregate
If' covor:>ge is pre: ided OIl" claims II1lllie basis. an ext:nded claims reporting period offour (4)
years will be reqUIred.
POLl
Ac!ministr:l110n Insuuction
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,V A TER CRAFT LIAnJ~
INSURANCE REQUlREl\~N1'S
FOR
CONTRACT
. .
BE1\\'EEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement oCwork governed by this contract; the Contractor shall obtain
Water Craft Liability Insurance with terms no less restrictive than those found in the
standard" American Institute Hull Clauses" (June 2. 1977 edition). Coverage shall be
maintained throughout the life oCthe contraCt and include, as a minimum:
. Injury (mcluding death) to any Person
. Damage to FiXed or Movable Objects
. CostS Associated with the Removal oCWrecked Vessels
. ContraCtUal Liability with Respect to this Contract
If the policy obtained stateS that coverage applies for the "ACfS,/Jr Omissions oC a Vesse!",
it shall be endorsed to provide coverage for the lega11iability oCthe shipowner.
The minimum limits acceptable shall be:
S500,000 Combined Single Limit (CSL)
.".
Coverage pro\-ided by a Protection and Indemnity Club (P~I) shall be subject to the
approval of the County.
The Monroe County Board oC CoUnty Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
. .
\VLl
Admlnmra,i'ln In"Nellan
147092