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10/14/1994 DV091715 Jaann!, 'I.. liolbagt BRANCH OFFICE 3117 OVERSEAS HIGH'NAY MARATHON, FLORIDA. 33050 TEL. (305) 289-6027 CLERK OF TI.IE CIRCUIT COURT MONROE COUNTY 500 \VHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANT A TION KEY, FLORIDA 33070 TEL. (305) 852-7145 MEMORANDUM TO: Peter Horton, Director Division of Community Services Ruth Ann Jantzen, Deputy Clerk ff~). FROM: DATE: January 6, 1995 ------------------------------------------------------------------------------------------------------------------------ On {ktober ~O. 1994, the Board of County Commissioners granted approval and authorized execution of the following documents: Contract Agreement between Monroe County and Arnold's Towing for the emergency removal of Derelict Vessel DV091626, located in Stock Island, in the amount of $1,260.00. Contract Agreement between Monroe County and Arnold's Towing for the emergency removal of Derelict Vessel DV09171S, located in Boca Chica Bay, in the amount of ~~1 ,512.00. Renewal Agreement between Monroe County and Frigola, DeVane, Wright and Dorl, P.A.,for a period of six months. On November 23, 1994, the Board of County Commissioners granted approval and authorized execution of the following documents: Contract Agreement between Monroe County and Frank Keev8n & Son, Inc., for the emergency removal of DV091420, DV091422, DV091423, DV091425 and DV091661. located in Boca Chica Bay, in the amount of $6,960.00. Contract Agreement between Monroe County and Arnold's Towing for the emergency removal or Derelict Vessel DV091779, in the amount of $1,680.00. CONTRACT AGREEMENT AGREEMENT, MADE THIS JO~,-- day of c.rJ-~/\. 1994, by and betwE~en, Arnold's Towing ("Contractor"), and the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, of the Count:y of Monroe , State of Flor ida ("Board"). The contractor and the Board, for the consideration named agree as follows: -7 -11 1. The contractor shall furnish all the mater~ls) an~ , _'~~' f"'Tl perform all the work as required by the specificatioIi~'for~he ~ I :::--: for which a derelict vessel ~port .:xJ -0 I -Tl ..r.:::. ~ .. emergenc~{ removal of DV091715 is attached as exhibit A. c-.:J ..... ..........~ ,....J 2 . The work to be performed under this contract shal~ ,- _-:1 commence immediately from the date the Liaison provides the Notice tC) Proceed and shall be completed by November 30, 1994. 3. If the Notice to Proceed has not been given on or before the 21st :Oay of October, 1994 then this agreement shall be null and void. 4. The work to be performed under the contract is contingent upon approval of appropriate grant monies from the State Department of Environmental Protection, Boating Improvement Fund. If this grant is denied, this Agreement shall be null and void. The contractor understands the rules of the Department of Enviro,nrnental Protection and shall comply wi th said rules, along with the rules and procedures instituted by the Board to ensure an orderly progress to the project. Both the intent and the letter of the specifications are understood by the contractor. 5. The Board shall pay the Contractor the total sum of $1,512.00 for the emergency removal and legal disposal of DV091712 Payment for the work shall be upon completion by the contractor and acceptance by the Board, subject to the terms and conditions of the Specifications (attached as Exhibit B) and this contract. 6. The attached Derelict Vessel Report and Specifications together with this Agreement, form the the contract. They are fully a part of this contract as if repeated herein verbatim. 7. The contractor shall indemnify the Board from and against any and all claims, demands, actions, proceedings, damages, liabilities, costs and expenses, including attorney fees, arising out of, connected with, or resulting from the Agreement. 8. The contractor acknowledges his/her intention to comply with the need to coordinate all work with the appropriate environmental agencies, the Florida Marine Patrol, and the County. 9. The contractor agrees to supply the County with a set of photographs of the vessel in all phases of the removal and disposal process. The contractor will be responsible for the camera, film, and development costs. 10. The contractor understands and agrees that the receipt of the Notice to Proceed from the County does not relieve his responsibility to obtain any appropriate permits. The contractor must inform the appropriate permitting authorities prior to initiation of work. 11. The parties agree that timely performance of this agreement is essential due to possible damage to the natural resources, hazard to navigation, or threat to humah health and welfare. Therefore, the parties agree that the contractor shall be liable to the Board for $100 per day of liquidatE~d damages for each day after November 30, 1994 that any of the cc)ntractor' s obligations under this agreement remain unperfornled. The parties agree that such amount is by the way of compensat:ory damages and does not constitute a penalty. 12. 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. 13. The contractor -will provide General Liability insurance~ the amount of $300,000, Workers Compensations the amount of $500,000, Federal Jones Act (46 U.S.C.A. subsection 688) with limits not less than those specified for Employer's liabilitj~, Vehicle Insurance in the amount of $100,000, Watercra1:t Liability on the amount of $300,000, and Pollution insurancE~ in the amount of $500,000. 14. The Board may terminate this agreement with or without cause at anytime upon giving the contractor a minimum of'ten days in ~lriting. The contractor, upon receipt of the notice, shall llmlediately cease work. The Board shall pay the contractc)r the percentage of the contract sum which is proportional to the amount of work performed by the contractor in a mannersatisfactory to the Board up to the date the contractor received the Notice to Proceed. IN vvITNESS WHEREOF the parties hereto have executed this Agreement to day and year first written above. BYt~~~ a/ (LA/ Owner Title Arnold's Towi~ Firm (Seal) Attest: ".. .~;~ Witness ---f BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: #. ~~ Mayor'(Ch~irfftan ~rc' e/~ (Seal) AttestDAJ(HY L.lCOLHAG-E. CWtr ~~'P~~~5.h{). JJ~C Clerk ' , ~ ,. ...~ /t/'(/' /'~ # ,~J I' /. .- . /....;> ,'1. h/~ (.1 Ie. i 1)1.)/ ' OFFEN'SE INCIDEN1. REPORT NARRATIVE CONTINUA liON ZONE 3 DtJlt~;L.a:r.G'1'Y.~~.S ~L # 09.... \ ( \ 5 1. ....~.~~.... .~';~ FL 58 oZ P~.;...~~.~.~~.~:3(O~.'r....r....~~.~.~..... 60L -r z .,?.. /l! 7/. '.L./'. /4 /..-. .. :r). / /' // . . . . . . . . . . ~ . . . . . . . . . . . . . . . . . . . . . . , . . . l '~4<O ) HULL MA'r~.~IAL: WOOD~ ..~/.~~. f.1~rr~~.~...?~.~.~~........... MOTOR ATTACHED Yes NAME ON VESSEL" ,^,Oc:fOe.~ , , ; OTHER IDENTIFIERS ~_..hh..vESSEL OWNER: hh~UR.e: L\ 0 ..ABR..E Lt. h hhhhhhhDCJB:hh.'.Z.!?.3/<DO...............h........ .................... ..\.~.\.4. .t?\.NE'. . ...ST~.E ~.T...... ~ . Ke:y. .\NEST..'"\....F L......3 30.4.0.. .. ......... ............ .................................................... 3. EXACT LOCATION: , ' .. ....... .......... .................. .......................................... ..00..... .~. E..6. T.. ... E~.5 T... .o.~.. .....B oY..o .s..... ..~^^ PGt: Q.O.W.N.O...................... ........... ......... ... ... ....B OC-A..... .c..Y.\C-.A... BAy..... .... ..... . .... ..... .... ...................... ... . ... . .... . ... . . '.' . . . . ............. .... . .... . . .. ..... . . .... .............. ................. .... ......... ......... ...... .....,.............oo...... ~. ~.................................. ....~. ~.. 4..... ......4 4. CONDITION: WRECKED ____;JUNKED~iDISMANTLED ____;ABANDONED ~ w . . .. . . .. .. .. .. ... .. . .. .. .. . . . .. . . . . . . .. . .. , .. . . . . .. . .. .. . . . .. .. .. . .. .. . . . . .. .. . .. .. . . . . .. . .. .. . . . . . . . . . . . . . . . . . . .. . .. . . . .. . . .. .. . . .. . . . . . . .. .. . . .. . .. . .. . .. .. . . . .. .. . . .. .. . .. . .. .. . . .. . .. . . . . .. . .. . .. .. ... . .. . .. .. . . . ..... .. .. .. .. . ... ... ...... . .. .. .. ........... .. .. ......... .. ..... . ......... ~ I- 5. ~ a: ct z SUBMERG~ED &::L% CAPSIZED_;LISrrING~iIN "3 FT. OF WATER .......,.............. ..4." ~4""""""'."" ...~...,.. ......4... ...... ..... .......... ................... ....... .......................4........................................ ............ AFLOAT OR ON SIIORE, TOUCHING MEAN HIGH WATER LINE ............... .......4.... ..... .....4.4........... ....4. ...... ......... ....... ....... ........ ......4..............."....... "4....... .......... ... ..... ... .".'''' "......... ... .....4.. ....... .... ..........4.... ..... ............................................................ .............. 6. PROPERTY OWNER: STATE OF FLORIDA YES~ NO ,........................ 4. ~.. . ."..... . . ",. ..... .."..". ........ .........".....".."..... . "....... .".... '.' . .. . . . . . . . . "... ... . ............."... ..... ..........................."..............................................."....... ~..................................... .................................................. OR . ~ ~ . .. . . . . . ~ .. . . . . . .. ~ .. . . . . . , . . . . . . . . 4 . . .. . . . . . . . . . .. . . . . . . . . . . . . _. . . . . . . . . . . . . . . . . " . I . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . .. .. .. . .. . . ~ . . . . .. . .. . . . . . . . .. . . .. . . . . . . . .. . . . . . . . . . . . . . . .. . . . .. . . . . .. - . . . . . ~ . ~ . . . . . . . . . . .. . . . . . . . . . .. . . . 4 .. . .. .. . . .. . . . .. . . . . .. . . . . . . . . . . . . .. . . . . . .. . .. . . . . . . . . . . .. . . 9. NAVIGATION THREATENED? YES ~ NO .................................................."....... ...... ........ ...................... ............ .... .... . . ..... ........................... ...............................".... .................................. .... -0........................................................ ...............4..... ...... " 10. ENVIRO!lMENT END~GERED? YES ~ NO_ .. ....................... ..................... ...... ...._............ ....... ....... ...... .... ........... ........ .......... ._.. ............. ............ .......... ... .............. .P'O:'T~~~6..l-....aL\..-....S.e.'.l-'--.................................... ................. ............. ................ .... ............ .... ..' ...... ..... ....... ........ ..... ....................... ...... .......................... ..... .... ...... .....-........................... ".... .... ......... ....................................................................................... 11. TOWED WITHOUT REPAIR? YES NO ~ UNKNOWN ............... ~.."...".""" 4.......................' ...................".............. '.. ........................................... ....... . ... ..... . .............. ... . ..... .. ........ ........ ................................... ...................................................................... ... ................. ........................... ....... 12. RECOMM]~NDED DISPOSITION: LANDFILL ~;ARTIFICIAL REEF___iOTHER ____ ...............~~~.~......~~~e: .~...q.4.t.\.2.~ 9 ~... I t-~ cC ~. .~ !!l z ~ a ~ Officer(s) Roportfng (please print) T::e PU"T"-('" U CJ.. "'" 'L T Clt-..l flflviffWed By: . Nurnber Arrestod Date DNn 'OO<1S^ rMP (6/91' r"U" _ of 3 OFF EN S E I N C 1 LJ [f\1"1' I~ E fJ 0 f1-r r\J 1\ J 1 J ~ /\ -I I \/ [= C= l) N r I r\J lJ /\1 i .~ ZONE_- DERELlcrr VE!;GEL # 09- w > i= ~ cc ct z /~ LOCATIOl\: - - .:;, I' II~ ~.. .-. . __ - .~ i~'"'''''''''''''''''''''''''''' , . ........................... ... .~:.. ............................. c -- -T ~-r -/ ~C~~..> ........-................-.. ~- ~ OI:j)s.L'\'PO.~;.~q (1'looJo print). I 0( f Ul_L --L itl/\A ~ ( TQt.J.___i ~C~?] t: Reviewod By: !:'1 z i ~ Date Officor.,~ig__.r n~___tur~_/_( JE Ii Lf 1l0vioW;(,'g 'st2~;:t l /C~(-11 :'j . -,;-- /--~r- ----, 1-r-77 , rJuI1,lJnr ^rro!1tod onTS rJurnlHH Orlyinol Supplorllollt o [J OfJn 20-0'\ 5^ r '.11' I (~f (ll ) ! ' I' ~} ':. ) () I \~:) ......... mD N 1<1) f:; '. CoU~' T#i .J...r~ _~J./ ~ I \./--- /, :-\ ,~{-::: ,~ " " _/~ _,5-~ ":'. / v\i- , - / / ~ ) , .' /" ( '. :. ).:; '. , 2 ..... \"- , \ / '..' / A" . ' J { . . I {..", !~ ! .. -~\ ~~' .1 ~ /+ c~ (.) ~ ~ (~r 5 . .. Q ".' "1 ~ + 5 o ~ ]) /14 2l 20 (8) :--:-~;-~ . 21 23 r--: '?:~"'~:~~;.~~- 12 o <t: ~ NARRATIVE CONTINUATION 7l',. ,.I"'l,1' I' 'j I . .-1__-1_ ._ L -,;~ . _ZiiL_ .B ()f1 ,- lJfi ,~.____ll~q[~ ,j( , . 'J- /1: ((' 11 f (' d _ thL_ (1,,,,, ,~l i/ f A) A LJ' I LL()c j;t ( ~LE ..A ftf! tl r:~ ,.J{,~ i be t' f .' . -~-', ! 1 -J ~-1 /,C) ( 0 h r'I" i le 8~J1M. /'.. ( -It f. lJ;r ~( , /,A - P"/1! (l(!ecfJ · /J/;ppur {'< J 10 S (// L c.. /- ,./;t1.'i nf'tJi /'rc),v-. t;)qf~ ~ oiff -OlE/'6 /viA;; (. /1Lso A /C:c vl!ynotAJVT of I~RI ;;tie' /:A67/V Hrfl -;JI/i T rL DfI T; IJU 7 ])vKJH.A;/1 J111J, - -;. J - fouL]) ISE A (!.E 12<:'711 0 lIrlJ / /t/t? I-Jl7 j() /hll#t!lit11E L Y 7/1(:--- E;U ljJiOttftiUT & z o ~ <t: :J Z ~ Z o o w > ~ <t: 0: 0: <t: Z "7/\ HUll!p'1 T (, I,; (; 7be{' .~ Referred To { I\-S'OIO',"'; - -J .J Rela'ed RopM Numhe<(sl ~ - __IJ:_______5L=!/;, -If ~ 8Y-I;'~-~ ! Report Contams F . .(.'-1 f.c.." 6 -1 ,._________.. Exception Type 1 CiS!:: Slatv- t"'f--h,' h,"+ ~ DERELICT VESSEL REMOVAL CONTRACT SPECIFICATIONS FOR MONROE COUNTY, FLORIDA 1. INTENT: It is intended that these specifications shall cover all aspects of the work explicit provisions. The purpose of this section is to provide specific coverage for conditions applicable to this contract, where such coverage is not provided for in other portions of the contract documents. 2. BID FORMAT: THE BID MUST BE SUBMITTED ON THE BID RESPONSE FORM ENCLOSED IN THIS PACKAGE. A dollar amount per foot must be submitted for the removal of all derelict vessels on the primary list for which a Florida Marine Patrol Derelict Vessel Report is provided. Any deviation from this format will result in an unaccepted bid. A contract will not be granted on the basis of combined, related, linked, or discounted bids. Not applicable due to emergency contract for removal of one vessel for less than $25,000. 3. PLANS: There are no plans for this project, but coples' of the Florida Marine Patrol Derelict Vessel Report with location Sketches have been bound into theste documents for the Contractor's use. The Specifications inclllde section on instructions to bidders, both general and specific, and a copy of each Derelict Vessel Report from the Florida Marine Patrol. Only those derelict vessels for which a report is included and listed on the Bid Response Form are to be bid upon and subsequently removed. The (:ounty reserves the right to remove any or all vessels from this contract at any time prior to actual removal from the water and disposition by the Contractor. The (~ounty has a limi ted amount of money to effect the rerno'val of these abandoned vessels. We have established priorities based on public safety, navigation and traffic haza:rd, and environmental considerations. If bids exceed the County's resources for removal based on these considerations, we shall limit vessel removal based on the these considerations and cost effectiveness. 4. VESSJEL IDENTIFICATION AND LOCATION: Each of the vessels have been given a derelict vessel identification number, which is shown with the location in the Florida Marine Patrol Derelict Vessel Report, included herewith. Each bidder is responsible for his own identification of each derelict vessel as to location, description and condition. If a Derelict Vessel cannot be (1) located, (2) removed, (3) verified and (4) disposed of, as specified in these procedures, then no payment will be made forthcoming to the Contractor for that vessel. Those four conditions must be met on each derelict vessel along with compliance with all laws and permits for payment to be made. It is understood that the Contractor has, by personal examination and inquiry, if necessary, satisfied himself as to the local conditions of each derelict vessel and as to the meaning, requirements and reservations of the specifications; for after contract letting, no deviation will be allowed. In case errors are discovered, they are to be reported by the Contractor to the County. The County assumes no responsibility should there be any discrepancies in what is stated in these documents and what the bidder evaluates. A contractor should take special care to remove only those derelict vessel's on his contract and for which he possessed a Florida Marine Patrol Derelict Vessel Report. Other derelict vessel's in the area but not under contract, cannot be molested. It may be possible to replace a derelict vessel of like kind, for the same or less money, when mutual agreement can be r,eached by the Florida Department of Environmental Protlection, Monroe County Administrator of the Derelict Vess1el Program, and the Contractor. This will be applicable when a contracted derelict vessel can not be located. No derelict vessel may be replaced and removed without the tri party consent noted in thisparagraph. A contractor may suggest a possible replacement vessel but he may not remo've it wi thout the appropriate consent above. 5. SCOP:E OF WORK: The Contractor shall be responsible for providing all permits, supervision, labor, equipment, tools, fees and taxes required to complete this project to the satisfaction of the County. The Contractor's procedure and methods of removal may be of his own selection provided they secure results which satisfy the requirements of the Specifications and any necessary envi:ronmental permits. Any vessel which is removed and disposed of shall be removed from its present site in such a manner as to do the least possible damage to the natural environment surrc)unding the vessel. All debris from the vessel shall be removed and the site left in a reasonably clean condition. No oil or fuel shall be permitted to be dumped or spilled into or unto the water or land. All pollutants shall be rerno',ed from the derelict vessel prior to removal from the wa te]::- . DV Specs--Page 2 The Contractor shall be responsible for making any and all arrangements for access to the vessel to be removed. If private property has to be traversed, then written permission of the owner is necessary. In removing a derelict vessel that may lie on or near grass or sponge flats extreme caution must be used to do the least possible damage. Prior to delivery of derelict vessels to the disposal site, the Contractor must remove all oil, gas and metal (including engines). He must dispose of them in any legal manner. Pure used oil will be taken by Monroe County for disposal. Mix,ture of oil, gas, seawater or any combination of the three must be transported from the County by an approved hazardous waste handler. The names of those firms will be supplied by the Monroe County Environmental Management Department. Metal becomes the property of the Contractor. In those cases where a derelict vessel number can not be foun,d, i.e. derelict vessel is underwater, the contractor shall provide marine transportation to the site for the County representative to verify the vessel and location using the original Derelict Vessel Report from the Florida Mari,ne Patrol. 6 . MATE~RIALS AND WORKMANSHIP: The Contractor shall provide the :necessary materials and equipment to safely complete the job. The Contractor agrees that all work shall be perf()rmed by competent employees who are experienced and qualified to do the work specified, and that all work will be p1erformed in accordance wi th the best commercial prac"tices. A list of equipment to be used and a description of the removal and transporting procedures to be follc)wed must be provided to the County at the Prework Conf~erence described below. Precaution shall be exercised at all times for the protection of persons and property. The safety provisions of tJhe Occupational Safety and Health Act of 1970 (Public Law 91-596) and other applicable laws, including building and construction codes shall be observed. Machinery, equi];Jment and other hazards shall be guarded in accordance with safety provisions of the "Manual of Accident Prev'=ntion in Construction", published by the Asso<:iated General Contractors of America, to the extent that such provisions are not in contradiction of applicable law. The Contractor shall store materials and shall maintain partly or wholly finished work during the continuance of the (~ontract and until the final acceptance. If any materials or part of the work become lost, damaged, or destroyed by any cause or means whatsoever, the Contractor shall satisfactorily repair and replace or not receive payment for the unaccomplished work. The Contractor shall DV Specs--Page 3 maintain suitable and sufficient guards and barriers, and at night, suitable and sufficient light or other appropriate security or protection for the prevention of accidents. Use of explosives is discouraged in carrying out the project. No blasting with explosives shall be done except under prior approval by the County and as permitted by all relevant government agencies such as the Department of Natural Resources, Department of Environmental Regulation, U.S.Army Corps of Engineers, u.s. Fish and Wildlife Service and the u.s. Coast Guard. When the use of explosives is approved the Contractor shall use the utmost care so as not to endanger life or property and whenever directed the number and sizes of the charges shall be reduced. All explosives shall be marked clearly "DANGER EXPL10SIVES", and shall be in the complete care of competent watc'hrnen. The Contractor shall secure the proper competent watc'hrnen. The Contractor shall assume all responsibility for damages caused by explosives. 7 . ASSI'GNMENT OF CONTRACT AND SUBCONTRACTS: It is expressly understood that the Contractor is in all respects an inde:pendent Contractor for this work, not wi thstanding under certain conditions he is bound to follow the directions of the County, and is in no respect an agent, servant, or employee of the County. Neither the Contract, nor any part ther1eof, nor any monies due or to become due thereunder, may be assigned by the Contractor without the prior written approval of the County. The Contractor is fully responsible to the County for the acts and omissions of his subcontractors and of persons either directly or indirectly employed by said subcontractor, as he is for the acts and omissions of pers()ns directly employed by him. Nothing contained in the Cont~ract Documents shall create an contractual relation between any subcontractor and the County. All ;subcontractors shall abide by the terms, conditions, and requirements of this Contract. It is the responsibility of the Contractor to pay all debt oblicJations incurred with subcontractors in an expedient manner. 8. LEGAJ~ RESTRICTIONS, PERMITS AND TRAFFIC PROVISIONS: The Cont:ractor shall comply with all applicable local, State and Federal requirements pertaining to the terms of this Contract. The Contractor will be responsible for obtaining, at his own expense, any licenses or permits that may be requ~Lred and should inquire about permi t requirements wi th the a.ppropriate agencies. The Contractor shall comply wi th all 1:he requirements of the Federal Pollution Control Act. The Contractor shall conduct his operations so that he shall DV Specs--Page 4 not close any thoroughfare nor interfere in any way with traffic on highways, or on water, without the written consent of the proper authorities. Work shall be done at any time that shall not interrupt or disturb members of the public. Off-loading sites (water to land for transport to the landfill or other disposal site by vehicle) must have written approval of the land owner. The Florida Marine Patrol should be contacted to initiate eviction proceedings for contracted derelict vessels which are inhabited at the time of removal and when another vessel is too close to the contracted derelict vessel to allow safe operations. Direct confrontations with other boaters should be avoided and the Florida Marine Patrol should be contacted imme,diately if such confrontations may result from removal of any contracted derelict vessels. 9. INSU:RANCE: The Contractor must obtain all insurance required by the County and submit proof of same to the county prior to acceptance of bid and contract approval by Boar(! of County Conunissioners but no later than five working days after notice of low bidder. All insurance shall be maintained until work has been completed and accepted by the County. The Contractor shall furnish the following certificates of insurance for review by the County's Risk Management Di vi,sion: Certificate(s) of Insurance which clearly indicates that he has ()btained the insurance coverage required in paragraphs a,b,c and d below. The Contractor hereby certifies that no modification or change in insurance shall be made without (3) days written advance notice to Monroe County, c/o the director of the Risk Management Division. a. WQrk4=r is Compensation Insurance as in the amount of S+-v\~ .lc: S"t-Z\_t-l.\-.-te' 5 b. Gene:ral Liability Insurance on a comprehensive basis, in an amount not less than $300,00.00 per occurrence for Bodily Inju:ry and Property Damage combined, to include contractual liab~Lli ty. c. Polll1tion Liabili ty Insurance in the Amount ofSZ>Ll i (;()() , d. WateJC Craft Liability Insurance in the amount of "~x)() ~ L;()() · r e. Autornobile liability insurance covering all owned, DV Specs--Page 5 non-owned and hired vehicles used in connection with the work, in an amount not less than 1006 ODD per occurrence for Bodily Injury and Property and amage combined. All insurance policies required above shall be issued by companies authorized to do business and under the law of the State if Florida. 10. COMMENCEMENT,DELAYS AND COMPLETION OF WORK: After receiving Board of County Commission approval of the Contract, and after reconciliation of any details or conditions which may directly or indirectly interfere or conflict with work of the Contract, the County will issue a "Notice to Proceed with Contract work" officially authorizing the Contractor to commence. The Contractor shall commence work on said date. If the Contractor should be delayed in the progress of the work included in the Contract by unforeseeable causes beyond his 'control, the time for the completion of the work. may be exte:nded upon agreement of the County representa ti ve . Requ'ests for extension of time must be submitted in writing to the County representative. Extensions of time cannot legally be approved unless the written request is submitted in the time to permit it to be acted upon before the Contractexpiration date. To allow sufficient time for the adrni:nistrative procedures required to obtain action by the Coun.ty Conunission, a request for time extension must be received by the County representative at least sixty (60) calendar days prior to the Contract expiration date. Liqu.idated damages resulting from factors beyond the control of the Contractor which occur too late to allow time for actic:)n by the Board of County Commissioners approving a time exte:nsion may be waived by the County Commission. Such waivc~r shall be granted only when the County representative determines that the delay is beyond the control of the Contractor, and in this event the Contractor shall not be charc;Jed wi th the liquidated damages or any excess cost when the delay in the completion of the work is due: a. To any duly issued order by the County or the State Depa:rtrnent of Environmental Protection changing the Contractor's approved work schedule; b. To ul:1foreseeable cause beyond the control and without the fault or negligence of the Contractor. c. To allY delays of subcontractors or suppliers occasioned by any of the causes specified in subparagraphs (a) and (b) abovE~ . Provided further that the Contractor shall within ten (10) DV Specs--Page 6 from the beginning of such delay notify the County, in writing, of the causes of the delay. The County representative will ascertain the facts and the extent of the delay and notify the Contractor within a reasonable time of his decision in the matter. If the Contractor fails to complete the work within the time limit, and if the County should nevertheless permit the Contractor to continue and complete the same without official extension of time in writing, such permission shall not modify nor waive any liability of the Contractor for damages arising from non-completion of work within the time limit, but such liabilities shall be subject to continuation in full force against the contractor. 11. CHANGES AND INSPECTION: The vessels herein considered are to be removed for the County by the Contractor in accordance with the Specifications. The County may give instructions or directions to supplement the Specifications. These shall be binding upon the Contractor and upon all his subcontractors, employees and agents of every kind. All 'work and every process and operation shall be subject to inspection at all times, and the County and their representatives shall have free access to all aspects of the work. The Contractor shall remove and make good, as may be directed, without charge, any defective work. Oversight or error of judgement of inspectors, or previous acceptance, shall not relieve the Contractor from the obligation to make good any defect whenever discovered. The rights is reserved to change the Specifications consistent with regard to the general intention of the Contract for any part of the work or materials, either befo:re or after work has begun. Notice of such changes shall be given in writing to the Contractor; such changes are not to bc~ grounds for any claim by the Contractor for damages, nor for the forfeiture of the Contract. It is possible that a De~relict Vessel could disappear between the time of inspc~ction by the contractor and the actual effort to remove it. ]~o payment will be forthcoming in the case. Except when otherwise specified, the expense of all tests requested by the County will be borne by the County. 12. AUDI~r RIGHTS: As a provision of the grant from the State of Florida to the County, and if so requested by the State, the successful bidder agrees to provide access to all recoJrds and allow the audi t of any books, documents and papers related to this project for a period of up to one year and during and after termination of the contract. 13. CONT]~ACT AWARD: The County reserves the right to evaluate the submitted bids to award a contract to the bidders DV Specs--Page 7 submitting the lowest per foot bid for the derelict vessels listed in the bid package as one project and for which a Florida Marine Patrol Derelict Vessel Report is included. One bid will be accepted and a contract issued for the total removal of all listed derelict vessels as one project, up to the limit of available funds. The vessels are to be removed in the order listed and the per foot bid estimates should reflect this removal order. The actual number of vessels to be removed will depend on the accepted per foot bid price and the available funds. 14. PREWORK CONFERENCE: A meeting will be necessary involving a representative of the County, the Contractor and other parties with direct involvement prior to the signing of the contract. The time and place of this conference will be set by the County representative. At this time the Contractor shall provide the County with a schedule as to the order in which he proposes to remove the vessels awarded to him. 15 . CONT:RACT SECURITY: The Contractor agrees to execute and deli'ver simultaneously with the executed contract, a Contractor's Performance and Payment Bond. The contractor is expected to act and deliver in good faith all work, at the agreed price, in the allowed time. Failure to do so, could jeopardize the contractor's reputation with the County and potentially influence any future contracts with Monroe Coun'ty. 16. EXEC'UTION OF CONTRACT DOCUMENTS: Due to the time frame involved with this project, the Contractor upon notification that he is to be awarded the contract documents for exec"lItion, shall return said documents properly executed alonl;J wi th any necessary bond and insurance wi thin TEN WORKING DAYS. With the Contractor's cooperation, if this period can be reduced, it will assist in acceleration the execlltion of the contract documents. The Contractor, by virtue of signing the Contract, ackn()wledges that he and all his subcontractors have satisfied themselves as to the nature and location of the work, the general and local conditions, including, but not restricted to, those bearing upon transportation, handling, access to the pick-up and disposal sites; and the character of e(~uiprnent and facilities needed to perform the work. Faill1re on the part of the Contractor to completely or properly evaluate any factors of his costs prior to bidding shall not form a basis for additional compensation if he is awar(ied the contract. If f()r any reasons, not acceptable to the County, the Contractor does not perform, the County shall have the righi: to levy liquidated damages against the Contractor. DV Specs--Page 8 Liqu.idated damages shall be assessed against the Contractor for ,any bid item awarded to him which is not completed and acce:pted by the County wi thin the number of calendar days specified in the Contract. Liquidated damages are accUJmulative. 17. NOTI'CE TO PROCEED: The Contractor shall conunence work upon this project on the effective date of the Notice to Proc1eed and perform in a continuous manner until completion and acceptance by the County. For Contracts wher,ein a specified nwnber of days for completion is stated in t:he Contract, the effecti ve date of the "Notice to proc.eed with Contract Work" will establish the "beginning date" of the project. 18. TERMINATION OF CONTRACT: This Contract may be terminated by the County, giving up to ten (10) days written notice to the Contractor; said notice shall be sufficient if delivered to the party personally or mailed by certified mail to his mailing address as specified on the accepted Bid. 19. FINAL CLEAN-UP: Upon completion of the work specified herein and before acceptance and final payment shall be made, the Contractor shall remove from the sites all machinery, equipment, surplus and discarded materials and temporary structures. All disposal of materials, rubbish and debris shall be made at a legal disposal site. 20. DISPOSAL SITES AND FEES: Contractor is responsible for disposal of all derelict vessels included in this contract and must make arrangements for legal disposal. It is the responsibility of the Contractor to pay all disposal fees incurred, and such removal related costs should be considered when bidding on this contract. The contractor will deliver the derelict vessel to the disposal site, where staff must be able to verify the derelict by its Florida Marine Patrol derelict vessel number or by some other means. It is the intent of this contract to remove derelict vessels from their present sites a legal present site a legal disposal site. Upon receipt of vessels at the landfill. They must be disposed of immediately. A legal disposal site is either the Long Key Landfill-Monroe County, MM 68 1/2, Long Key, Florida 33001, 305-664-9315, other landfills in neighboring countries or any other location for disposal as long as the FDNR Disposi tion Certificati()n Form (attached) is fully documented. If a signat'ilre cannot be obtained on Florida Department of Natural R~~sources Disposition Certification, the Contractor must con":act County Representative for written approval and in,5tructions. DV Specs--Page 9 21. PROOF OF PROPER DISPOSAL AND NOTIFICATION TO MARINE PATROL: Contractor must submit prior to receiving any payment: A receipt for each vessel including the date of disposal, the Florida Marine Patrol Derelict Vessel Number, disposal site location, and the telephone number, title and signature of person at disposal site verifying delivery of said derelict vessel. A County Disposition Affidavit is to also required to be signed by the Contractor. If vessel is not identifiable and/or if the derelict vessel number is not visible. Recipient of debris should provide detailed receipt showing type and description of debris received. if person delivering vessel to disposal site is other than contractor a written statement with a description of what type of debris was transported, dates, times, name, address, and phon.e number of si te. In addition to the above information, Contractor must submit three pictures of each vessel removed. The first photograph must be of the vessel at the current location prior to removal, the second photograph must be of the vesslel after removal but in the same general area preferably whil'2 in tow, and the third photograph must be of the vessel at the disposal site with sufficient background to depict of disposal (i.e., building or sign identifying disposal site). The .jerelict vessel number, when present, must appear in all phot()graphs. The (:ontractor will be responsible for the camera, film, and development costs. The photographs should be taken with a Polaroid camera that provides instant photos since this minilnizes loss of documentation due to camera malfunction or loss overboard. This camera and film must be provided by the Cont~ractor. The photos must be submitted on a vessel by vessel basis according to removal schedule. Without photos to dc:>cument the removal and disposal of the contracted vess4=ls final payment can not be assured. The (;ontractor must notify the Florida Marine Patrol and the County Representative in writing as to the work schedule of removal. This should be done after the prework conference with the County representative. Notification is to be made before doing any work on each vessel. This muI t~iparty communication for each Derelict Vessel is a requ~irement of the contract. 22. PAYMENT: All payments for the removal and disposal of each vessel, shall be for the performance of the work as stiplllated in these specifications and associated contJractual documents. The unit rate of bid shall be totally inclusive for all phases of the operation. Contractor may requE~st four partial payments by submitting an invoice for the number of vessels removed up to the date of the invoice, providing the Contract agreement does not explicitly prohibit partial payments. Photographs, disposal receipts, DV Specs--Page 10 signed DNR Disposition Certification form, a County Disp,osition Affidavit for the vessels for which payment is bein,g requested. The ,contractor understands and agrees that no payment will be forthcoming for the removal and disposal of any derelict vessel (1) not listed on this contract nor (2) for any derelict vessel on this Contract for which a written certification verifying the removal of the subject vessel has :not been obtained from the Florida Marine Patrol and a Representative of the disposal site at the time of delivery. A Fl('jrida Marine Patrol officer must certify the complete remo'val of each derelict vessel from its location and any equi:pment that may have been used to remove the vessel. No paym1ent will be made without the Florida Marine Patrol veri:fication. In addition, property, public or private, if damaged during the work or removed for the convenience of the work, shall be replaced at the expense of the Contractor in a manner acce:ptable to the County and the OWner, prior to the final paym1ent for contracted work. 23. PUBLIC ENTITY CRIMES: Upon entering into the contract, the Cont:ractor agrees to sign and endorse the Public Enti ty Crimes form (attached). 24. NON-(~OLLISION AFFIDAVIT: Upon entering into the contract, the Contractor agrees to sign and endorse the Non-Collusion Affidavit form (attached). 25. ETHICS CLAUSE: Upon entering into the contract, the ContI"'actor agrees to sign and endorse the Ethics Clause form (atta.ched) . 26. DRUG FREE WORK PLACE FORM: Upon entering the contract, the Contractor agrees to sign and endorse the Drug Free Work Place form (attached). 27. DERE:LICT VESSELS AT ISSUE: The derelict vessels listed on the Derelict Vessel Bid Response Form shall be removed and disposed of by the Contractor in accordance with the provisions of these Specifications. H:\A\BIF\-DV\DV-1993\SPECS.NEW DV Specs--Page 11 SWORN ST ^ TEl\1EN'r PURSUAN'r l~O SECTION 287.133(3)(a), FLORlDA~'rATUTE~--l ON PUBLIC ENTITY CRIMES TIllS FORM ~vlUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AlTTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to.4.-o~?t:?[ ~>) ~/Y I ___.___,; " _ [prh~.~,!)oIIme of the public entity] / 5> .~ ,174 X C/ /1 /'~-r::, /c/ (print individual's name and title] //7~,/C7 /c/ ,5. '-7~ . .,..-'/" [print name of entity submitting sworn statement] by for whose business address is /~ /::;- 3- /0, :::s /5 c,;// 4 ;/.r~. -~ 7{ ~~ / -----L.~ ~}/ t~;;.s:-/ /~- / . . . ,~ ~ / .,-.,/}}" -r-c~, /,_~-/ ~--~ / ~) r 4 ,_-;...~-=~q:"y c:: '.33dm and (if applicable) its Federal Employer Identification Number (FEIN) is ~cZ2 Cf t; -<t12 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn sta tem len t: .) 2. I undelistand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes. means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with alllY public entity or with an agency or political subdivision of any other state or orthe United States, including, but not limited to, any bid or contract for goods cr services to be provided to any public entity or an agency or politic=lI subdivision ~f any other state or of the United States and involving antitrust, fraud,.theft, bribery, collusion, racketeerint, conspiracy, or material misrepresentation. 3. I understand that"convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding: of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a ju."y verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I undel"stand that an "affiliate" as defined in Paragraph 287.133(I)(a), Florida Statutes, means: 1. A plredecessor or successor of a person convicted of a public entity crime; or 2. An 4~ntity under the control of any natural person who is active in the management ~f the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. s. I understand that a "person" as defined in Paragraph 287.133(l)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of tlie United States with the legal power to enter into a bindin~ contra<:t and which bids or applies to hid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies.o transact business with a puhlic entity. The term "person" includes those officers:, directors, executives, parfners, shareholders, employees, members, and agents who are active in mana~t~ment of an entity. 6. Based em infor-mation and helief, the statl'n1l'nt which I hal'e mar-ked helow is tr-IIe in r-e1ation to the entity suhmiHin~ this sworn statement. (Indicate ,,'hich statement applies.) ~ Neither the entity suhmiUing this sworn statement, nor any of its o.fficers, directors, executives, partners, ~-holders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. - ll1e entity submitting this sworn statement, nor any of its officers, directors, exectutives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor an affiliatE: of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. - "'he entity suhmitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearin1~s and the Final Order entered by the llearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order) I UNDER~T ANI) THA TTIIE SUBMISSION OF THIS FORM TOTHE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENl'IFIED ON PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CA TEGOllY TWO OF ANY CIIANGE IN THE INFORMATION CONTAINED IN THIS FORM. l~W:~ [signature] Sworn to and subscribed before me this x: ~ of Personally known ~ <;;:'~;.r7k/l'7 bE .-~ ,19 9~ /;?2:'-~. :~~C::-- Notary Public - State of /'/,-~, .. .' flofory'IIMit, Stoff! of FToriltf --" My Commission explrcIIJ Con,mi<liQR h",i, (1 ':1 . ~ d d 2.~~~~L' .J, '4oJ 199,) ,e: ~ ,T-?,;". /--?: e~74~'c; (Printed typed or stamped \ commissioned name of notary public) OR Produced id4entification (Type of identifi4~ation) Form PUR 7068 (Rev. 06/1 1/92) SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHI CS CLAUSE / __________. ~'7j>l'C/{f,5. /c:t//..-y-9 warrants that he/it has not employed, ~ // retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of section 3 of Ordinance No. 10-1990.. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, ~educt from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to t~~~~ ~q~r employee. Date: (s~~;;? 9Y STATE O]~ F~:;?7 / C~ ~/?:fCJ~ COUNTY ()F Subscribed and swo~n to~g(or affirmed) before me on Y - Ar-Y _/ (date) by '- ~~- / L ;r LJ;P../: / ~//~//I'?/~C/ I"ya/')'u/c:-"' (name of affiant). ~e/She is personally known to me or has produced -~ as identification. (type of identification) -- flOf~ .ftu6fTt, ~hff, 0' nor'. - My Commlsswli fxpirc. March 24 19"" fI' Sol'\ded Th ru T ro F " I;) Y am - Insurance Inc. ~,. '~7:' ~ .,.... i._.. /7._._._......~..... c.~ ~ ----. . //~jZ;'A~<" '" ,/ ~/"....~"' NOTARY PUBLIC L~/t:7?<~ /~~ ~() MCP>>4 R18V. 2/92 NON-~ION AFFIDAVIT I , --.7.j; -<: ~An; 47y~/f// /,,;7 ,~/)'/?1 ('1&" , , of the city- of ac~cording to law on my oa th, and under penc:ll ty of per jury, dEJ_pose and say tha t; /. ~ - 1) I am - ?j'/Y'{;/c/'?--r'c-;t<-7//f,/C:;- , the bidder making the Proposal for the project de ribed as follows: 2) the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting 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 biq 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 competi tOl:-; 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, clnd made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contra~ts for said project. STATE OF '-/ / r/ t} 7-;;'/ C'~.&j, ./ _"1./,.~;;7 ..' _'_'~ /' /.;//c~,r /~J& (/~~ U/, ~~ (Signature of Bidder ?'7.~2-.. 2~'f/' 9 /1... t l DATE COUNTY OF __~~~SON~LY _~PP~~e BEF~/'ME, the undersigned authori ty , /'/.. /]/-J/1c/ /971.,y;;/( who, after first being swotn by me, (name of i.ndi vidual signing) affixed hi.~ner signature in the space V' C ,J day of 7 prOVide.d..y.ove on this ~. , 19 . ~fg:;7~~-..' NOTARY PUBLIC My commis~;ion expires: -- Wofery PlIbrie, Sfqfe of Floricfu -- at, CommissFJt1 E}:phaJ fI1~r,h 241 199 ~ u Ionded Thru Troy fain. lnsuronce (oe" I)RUG- FREE WORKPLACE FORM The tlndersigned velldor ill acC()rdallCe wi tll Florida Stattlte 287.087 hereby certifies that: dftr:/~~,~~~~?; / 1. Ptlblisl1 a statemellt ,loti fying elnployees tIlat tIle \lnlawftl1 mantlfacttlre, distrib\ltion, dlsperlsing, possessiol), or llse of a controlledl substance is prollibi ted in tIle workplace and specifyin~r the actiollS that will be talten against employees for violatiollE~ of stich prohibition. 2. Infc)rm employees abO\lt tIle dangers of drllg abllse il1 the workplace, tIle btlSil1ess's policy of malntaining a drtlg-free workpl ace, any ava i 1 ab le d rtlg COllnse 1 i 11g, rel1abi 1 i ta ti on, and employee assi stance programs I and the pena 1 ties that may be . imposed tlI>on employees for drttg abtlSe violations. 3. GiVE~ eacll employee ellgaged ill providil1g tIle commodities or contracttlCll services that are tlllder bid a copy of tile statement specified in subsection (1). 4. In the statemellt specified ill stlbsectioIl (1), notify the employees tllat, as a condi tiol1 of working on tlle commodi ties or contractual services that are tInder bid, the employee will abide by the terms of the statement and will notify the employer of any COl1viction of, or plea of gtlilty or 11010 contendere to, any violation of Chapter 893 (Florida statutes) or of any controlled 8tlbstance 1 aw of the Uni ted sta tes or allY s ta te, for a vi 0 1 a ti on occllring in the workplace 1"10 later t.11Clll five (5) days after such convictio~n . 5 . I mpose a sanction on, or reqll ire tIle sa ti s factory part! C i pa ti on in a dr\lg ab\lSe a ssi statlCe or rellabi 1 i ta tion program if stlC}l is available ill the employee's commllllity, or any employee who is so convicted. 6. Malte a good faitll effort to COlltitllle to maiIltain a drug-free workplace tllrO\lgll irnplementatioll of tllis section. As the persoll atltllorized to aigll tIle statelnetlt, I certify tllat this firm cOlnplie's ftllly witl\ tlle above reqlliremellts. , 'l-~~7._- Date MCP#5 REV'. 6/91 I .' .~', '. ", ;. '.i 'V. ~,.~. . :'.i!-'.~AA.r;/&" ~!)'~' L" I, ~~fl>l..t>'1' ~..~ firl;".~::.i~~--::~.:;..:"~.,,.} tit - .,:,.t'..l(!"I\'.VJI .~;4~. '/~r 4(.J'~ t.' "$~-B~'~~~". tf c .r... ',' · .." '. ~(?'~"'.' ", .' ..." ~ d .~!; .~.~ ~ ;7~r~~~~0~~'~~~;4~~~~I'~'~~~\~ ~'~~'.~ . ;: ~.'" !':~~j:.~,~~. . ~~ I .' . . · J . 'It . OJ I . "' .". .,..,.' JI. <Ii'f. . ~ u" u' ill: .. .It..Jio ""...:.4>.... ... ...... -..,' I" 'o.U.i'. . . ... '.. '.o : 1'( lIY':;Y NUMAER POLICY PERIOD ~ ., ( l' ;~ 12:01 AM SIO TIME AT nH: AUUHlSS (7002CA33224-01 4-30-94 TO 4-30-95 ,OF. THl: INSUREU ASSlbNEO Ul:KEHI. _h, ~1l~li\~~-;wK>;~~~!\/ (.~l':;;~ ..' .. '.. ,:r..<.;>. :-' ;.oJ.\"':~':~:'~~:;'~~!..~; "': v ~ r~;:;;) .. l~ AGENT NO: 17002 \"'7?~f~~1;t'z;if~~'~:f~ w rJ/\urr\ 'rJ'~I"ll.n f. r JI) tJ^,1. rrJG ^nonr~s ARNOLD'S TOWING SERVICE ARNOLD'S AUTO & MARINE REPAIR, INC. NAME KBK INSURANCE GROUP, INC 0 5540 3RD AVE. AND 990 N. CORPORATE DR. STE. 2 KEY WEST, FL 33040 ADDRESS HARAHAN, LA 70123 T ...'" ~~~";;"i'~'W~~D ' ,~; . .' ;. ...... .: .' ~ ',. ..... .'; t , ' ;; 1rl !ff~ iJDjjn\.~\~ :.il;.o, :'~;-~~~,,~,!:~\~ ,_,-':: -,-'~3E<'~_":~.::.~~; ... '., ~~~)~; ~:.L..__'..t ., MUtti.'fttltli~tk CUMMON POLICY UEClARATIONS BUSINESS DESCRIPTIUN TOWING ~~~-._~~--------..-.~ Ir~ RETURN fOR THE PAYMf.NT OF THE PREMIUM, AND SUBJECT POLICY. WE AGREE klTH YUU TO PROVIDE THE INSURANCt: HU S POLICY CONSl STS OF THE FOLLOWING COVERAGE P FOR ,",IUCU A PREMIUM IS INDICA fEO. THI . 'UUM BE SUBJi:CT TO AOJUSTMt.:Nl. ,~. CUMMERCIAL CUMHERCl^L ClJHHERCIAL CUMMERCIAl COMMERCIAL ---- 4-____ ------ PRtMIUH SHOWN TUTAL INCEPTION. $________ $ ----lj..!.ll.L___ FUKMS 'l>~.1' .qfj,.."'...... . ------------------------ C OV [RAG E PAR T S : ---~Ii.It~!!.4.qI]Q_______________ (SHUW NUt-1Bl:RS) ----- ---------------- ...... ---..- ~ .- ~.....-.. --- ------------- c aUNT ER S I Gr~t 0___________ 8 Y _____________________________ (OATE) (AU1HORIlEO RLPRE:SE:N~JIVt) ~ -- f!'j JfT c-#e, 0/--)' ~.n 90 - ~ '" y"?-;zs s' A d /;//7/,.y.--/, cJ / / 0 ~-0 h'~ ..:z::: ~s (J nA.....-Y'......C --K'LG..2.::1.~j____________________________________________________ . ~Mh~O~gY~l~ ' 1" . .:, .?, ~ j .:;~~ ,1i;:~f.l ' ; " ~~J~!f}tt'~.~~fi!:IfJ\~~~.T~l ..It:l;''''.;.' ,',r I~,ftf~ 'I~:, .rll'"P"'.l"".''I '117~7 6"- ,,' ,. 'NA-1000 fRf)V:'1 ~.~, " '~'~vt"~.fJfw.~... '\.T,t:~. . 'C :t 't . . """,LUULL ut l.,uvt.t<t.u AUTOS YOU OWN ,,<lLCA33224-01 EXTENSION OF DECLARATIONS .JLHEDULf OF COVERED AUTOS YOU OWN (Cont'd)t .- -- -,- -DESCRIPTION _---==-=-- PURCHASEO------_u " - - t-- rea;, Model, Trade Name; Body type N Actual "'~~~ j ~~ Z ~HE~~~l~u~~r(i1V~~;'~itification Number ~IN) Original Cost ew Cosl & , Jll_ J 2136cH~VROLET 11158558 ,. JlJ_ -_122.L FORD #.A15353 ~ 04 1987 INTERNATIONAL 11465120 I :N=~ --I 979 LANDOLL TRAILER 1I07~298 I Jl2.-_ 1-1994 INTERNATIONAL 11551465 ! ,~. 1966 GMC IIDL023L t;f-- i~ ~ , . fIr----. - ----. _ ; I . '-----.. .- ------ COYERACES-PREMIUMS. LIMITS AIID DEDUCTlllES (Absence of a deductible or limit entry in any column below means that the limit or deductible entry In the correspondinl ITEM TWO column ap'p~s instead) PERSOHAlINJURY PROTECTION AUTO. MED. PAY. lINDER=~g~fORISrs COMPREHENSIVE ~. ~SE:S l.imit limit limit (I" Pre. (In Pre- (In Thou. mium Thou- mium Thou. unds) sands) s.nds) r - --.-- r-_. _._. "__. _. -.-.--p---- ,.' COYtred Radius of Business us~ , Alto OP"f a f ion : : ,~:(~ : ~ (tn "'il~S' C _ commerci., 01 50 C 02 50 S 03 50 C , 04- --50-- C 05--50 -- C , 06 50 C j 07-- ----50 -- C i r---- , r--- .... __ ____ f r--- _._ __ _ __ _" f ,. ..; r--- -._____ _ ) r------ _____ __ _ ._. _ . r---- -"'_ r------- _ _.__ _ ... . LlABIUTY e.,. Limit . "". Un .... Thou Premium ... sands' 01 1348 02 999 03 1348 04 2213 i05 149 06 1348 07 1348 .' - r-----.-, -- '-.-- ------..------ -------- ------ 39.000 --- ~DOO 38 000 20.000 .20 000 45.000 NEW.fN) TERRITORY: Town & State Where the Covered USED {UJ _ _ Auto will be principally garaged N KEY JYF:~T AFT (017 ) N" " N" " ..N" " _N" " N" " " " CLASSIFICATION Except for Towing all phy$ical damage loss is payabl~ 10 you andlhe loss Sile GVW, GCW Primary Rating Secondary or V~h;cle Ale F tetor Rating Code payee named befow as interest may appear at the time of the loss Seatin, Capacity Group li.b. Phy. D.m.re Factor 14,500 6 I .35 .95 ~3499 6 l.OO 1.00 014.9 9 14..t500 6 .35 .95 ~3499 26..1000 6 ~ .10 1.25 36499 6 .15 .65 513499 18,500 1 · .35 ..95 ~34.99 14.1500 l.35 . ,. . ~3499 COLLISION TOWING & LABOR Pre- mium limit · minus deductible shown below Premium limit per Dis. ablement Premium Pre. mium limite Premium 17 17 170 .101 17 17 48 R5 17 17 2_21 _1 q .1) 17 17 119 21.1 17 _62 111 17 ". 17 422 .75J 17 17 - Tolal Premium --S753t-XXX- 119 XXX xxxx.x 102 XXX I1t42 XXXX 1864 XXX .Umit st.ttd in ITEM TWO. lIem Sevpn in r> ~ r,e Covel age for m - Non De aler s' and Trailers De alers' Supplement ary Schedule Item Ten in Garap. Coverag~ rOlm -Auto Dealers' Supplementary Schedule. . , 19 J ([ d J J n 7) l!Ill/ntH, rQIJj"~ I. );!!'f'I' ,~ ~: COMMERCIAL INLAND MARINE COVERAGE PART MOTOR TRUCK CARGO DECLARA TrONS \ i . r Policy No. 17002CAJJ224-01 Effective Date. 4- 30-94 12:01 A.M., Standard Time DESCRIPTION A. Covered Cargo consists of: (XJ VEHICLES AND/OR CARGO WHilE 1) BEING ATTENDED "ON HOOK"; 2) "UNDER TOW"; 3) "BEING TRANSPORTED." o OTHER (Describe Cargo) LIMITS OF INSURANCE 1. Each vehicle that is covered must be described below or on a schedule that is a part of this policy. A limit of Insurance must be shown for each vehicle. This is the most that we will pay for a loss to cargo carried in or on the vehicle. 2. Description. of V,ehicle: a. b. c. d. e. f. g. h. i. j. Trade Name 01 02 03 04 05 06 07 Year Built Type of Body Factory or Motor Number Limit or Insurance $ 50,000 $ NO COVERAGE $--50.000__ $ t}O.OOO $ NO rOVFR !GE $ c;O,OOO $ 1)0 ,000 $ $ $ 3. For two or more described vehicles Involved in a single "loss", the most we will pay for this "loss" is: $ J 00 .OOQ .... It-. DEDUCTIBLE The deductible amount of $ 1 , 000 will apply to each loss after all other adjustments have been made. RA TE AND PREMIUM Rate S VARIOUS FORMS AND ENDORSEMENTS (other than applicable Forms and Endorsements shown elsewhere In the polley) Forms and Endorsements applying to this Coverage Form and made part of this policy at time of issue: Premium for this Coverage Form $ 1,000 NAS.MTC -DEe (06/93) THESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND THE POliCY PERIOD "'nclusion of date optional. CA 591 (6-92) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ~,~. f~ CA 25 14 06 92 BROADENED COVERAGE-GARAGES This endorsement modifies insurance provided under the following: GARAGE COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective Policy No. at 12:01 A.M. standard time Named Insured Countersigned by SCHEDULE (Authorized Representative) Personal Injury and Advertising Injury limit of Insurance $500~1100_____ The FIRE LEGAL LIABILITY COVERAGE Limit of Insurance is $50,000 for anyone fire unless another limit is shown below: Fire legal liability limit of Insurance $ .--___n___n~. The premium for this endorsement is $--___19.1___ (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as ap- plicable to this endorsement.) .r SECTION I-PERSONAL INJURY AND ADVERTISING IN- JURY liABILITY COVERAGE A. COVERAGE We will pay all sums the "insured" legally must pay as damages because of: a. "Personal injury" caused by an offense committed: (1) In the conduct of your business; ,fnd (2) I n the Coverage Territory during the Policy Period. b. ':t\dvertising injury" caused by an offense com- mitted: (1) I n the course of advertising your goods, prod- ucts or -services; and (2) In the Coverage Territory during the Policy Period. We have the right and duty to d~fend any "suit" asking for these damages. However, we have no duty to de- fend "suits" for "personal injury" or "advertising injury" not covered by this Coverage Form. We may investigate and settle any claim or "suit" as we consider appropri- ate. Our duty to defend or settle ends when the Per- sonallnjury and Advertising Injury Limit of Insurance has been exhausted by payment of judgments 'or set- tlements. 1. WHO IS A,N INSURED The follOWing are uinsureds": ..",,,,,,,.-'''''''' (-11.":'", OAUTHE NTICn '~{t "....:r'~;.!';:.(A'()tJ a. You and your spouse. b. Your partners and their spouses, if you are a partnership. None of your partners or their spouses is an "insured" for "personal injury" or "advertising injury" resulting from the con- duct of any other partnership. c. Your employees, executive officers, directors and stockholders but only white acting within the scope of their duties. 2. COVERAGE EXTENSIONS Supplementary Payments. In rlddition to the Per- sona Injury and Advertising Injury Limit of Insur- ance" we will pay for the "insured": a. All expenses we incur. b. The cost of bonds to release attachments in any "suit" we defend, but only for bond amounts within the Personal Injury and Ad- vertising Injury Limit of Insurance. c. All reasonable expenses incurred by the "in- sured" at our request, including actual loss of earnings up to $100 a day because of time off from work. d. All costs taxed against the "insured" in any "suit" we defend. e. All interest on the full amount of any judgment that accrues after entry of the judgment in any Copyright, Insurance Services Office, Inc., 1991 1 L..LECTlr~G NOT TO PURCHASE CERTAIN VALUABLE COVERAGE WHICH PROTECTS ,~,~D YOUR FAMILY OR YOU ARE PURCHASING UNINSURED MOTORIST LIMITS LESS THAN ftJUR BODflY INJURY LIABILITY LIMITS WHEN YOU SIGN THIS FORM. PLEASE READ CAREFUllY. Uninsured Motorist coverage provides for payment of certain benefits for damages caused by owners or operators of unin- sured motor vehicles because of bodiry injury or death resulting therefrom. Such benefits may include payments for cer- tain medical expenses, lost wages, and pain and suffering, subject to limitations and conditions contained in the policy. For the purpose of this coverage, an uninsured motor vehicle may include a motor vehicle as to which the bodily injury limits are less than youlr damages. Florida law requires that automobile liability policies include Uninsured Motorist coverage at limits equal to the Bodily Injury Liability limits in your policy unless you select a lower limit offered by the company, or reject Uninsured Motorist entirely. Please indicate whether you desire to entirely reject Uninsured Motorist coverage, or, whether you desire this coverage at limits lower than the Bodily Injury Liability limits of your policy: o a. I hereby reject Uninsured Motorist coverage. 'KI b. I hereby select the following Uninsured Motorist limits which are lower than my Bodily Injury Liability limits: $ 3O,fXX:) each person (enter limit if applicable); $ ?J). c:x::t:) each accident. o c. I hereby select Uninsured Motorist limits equal to my Bodily Injury Liability limits. (If you select this option dis- regard the bold face statement above.) ELECTION OF NON-STACKED COVERAGE (Do not complete if you have rejected Uninsured Motorist) You have the option to purchase, at a reduced rate, non-stacked (limited) type of Uninsured Motorists coverage. Under this form if injury occurs in a vehicle owned or leased by you or any family member who resides with you, this policy will apply only to the extent of coverage (if any) which applies to that vehicle in this policy. If an injury occurs while occupy- ing someone else's vehicle, or you are struck as a pedestrian, you are entitled to select the highest limits of uninsured motorist coverage available on anyone vehicle for which you are a named insured, insured family member, or insured resident of the named insured's household. This policy will not apply if you select the coverage available under any other policy issued to you or the policy of any other family member who resides with you. If you do not elect to purchase the non-stacked form, your policy limit(s) for each motor vehicle are added together (stacked) for all covered injuries. Thus, your policy limits would automatically change during the policy term if you increase or decrease the number of autos covered under the policy. ~ I hereby elect the non-stacked form of Uninsured Motorist coverage. I understand and agree that selection of any of the above options applies to my liability insurance policy and future renew- als or replacements of such policy which are issued at the same Bodily Injury Liability limits. If I decide to select another option at some future tinle, r must let the Company or my agent know in writing. SigneQ~~ u/ {/~ (Named Insured) Signed: kj~ ~Jl~ i (Named Insured) Date: ~d.{ ;+r; /79y ALB859c (En 1087) UNlrORM PRINTING & SUPPLY. INC Hcsolu1 ion If] 91-1991 April 1. 2. I f)<)' I ~1 Prillt ing I\lONROE COUNTY, FLORII)A Request For Waiver of Insurance Requirenlcnts It is requested Lllallhe insurance requircJllcl11S, as specificd in fhc Coullly.s Schedule of Insurance Rcquircnlcnls, be \vaivcd or IIlOdificd 011 lhe rollo,.,..ing contract. . Con lrac (0 r: Arnold's TawiD~ Conlracl for: Rmprgency ReDlo.yal of DV091715. Address of Contraclor: 5540 3T~ Avp ~~ork Island Key We9~, Fl 33040 Phone: (30-;) 'Q6-Q182, Scope of 'Work: RmPTePnry R~moval of DV091715 Reason for Waiver: Pleage v~ivp W~~PTrT~f~ insurance~ked up with lines and pulled out by truck), pollution insurance (FMP-had fuel ext:rac'ted prior to r~mov~ 1 )~-B.I1d_~e.sAct cover~.__ Signature of Conlraclor: (~U/~ Approved ''JZ Nol Approved [' :...- / . :}:"') L'L,..k}/- ,,: ,.",. ~, I -~J--l' ,~-l '/ <-( Count)' Achninislralor appeal: Risk Marulgclllcnt Dale ApI}rov~d: Nol Approved: _______ Date: Board of C~ouJlly COlllluissioncrs appeal: Approved: Nol Approved: Meeting Dale: Adrninistrative Instruction W A'VER 114709. , 5