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10/21/1998 DV Removal - Hurricane Georges i!lannp I. f{olbagt BRANCH OFFICE 3117 OVERSEAS HIGIDVAY MARATIiON, FLORIDA. 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNTY SOO WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM TO: Peter Horton, Director Division of Community Services FROM: Attention: Kim McGee, Marine Projects Coordinator Ruth Ann Jantzen, Deputy Clerk -6!L1~ . December 4, 1998 DA TE: -------------.----------------------------------------------------------------------------------------------------------- On October 21, 1998, the Board of County Commissioners granted approval of a Declaratiolll of Emergency and Waiver of Purchasing Policies and Procedures; adoption of Resolution No. 397-1998 authorizing an allocation from the Boating Improvement Fund in the amount of $25,000.00 for the removal of derelict vessels in the Lower Keys that are a direct result of Hurricane Georges; and authorized execution of a Centract between Monroe County and AmeId's Towing for the emergency removal of derelict vessels and surrounding debris located in the nearshore waters of the Lower Keys that are a direct result of Hurricane Georges. Encllosed please rmd a certified copy of Resolution No. 397-1998 and a fully executed duplicate original of the above named contract for return to Arnold's Towing. me. H you have any questions concerning the above, please do not hesitate to contact Enclosure cc: COUllty Attorney Fina][)ce Courtty Administrator, w/o document File CONTRACT AGREEMENT AGREEMENT, MADE THIS --z--; day of (yL(b~1998, by and between, Arnold's Towing ("Contractor"), and the BOARD OF COUNT~Y COMMISSIONERS OF MONROE COUNTY, FLORIDA, of the County of Monroe, State of Florida ("Board"). ~ <5 D \0 The C:ontractor and the Board, for the consideration named agree as follows: ~ )> CO cCJ:;; ~ "''1 r- .,; ",; ;c 1. The Contractor shall furnish all the materials and perform all the work as tJ~;: W (:J~. Q ~ 33' ;:~~ required by the Specifications for the emergency removal of derelict vessels washes ~to. :<:-t =r: ~ ....,., ...b- (5 r- C') .. .1). rrr -l:- nearshore waters of the Lower Keys as a direct result of Hurricane Georges. -- 2. 'rhe work to be performed under this contract must be completed by February 28r 1999 . 3. T1he Contractor understands the rules and procedures instituted by the Board to ensure I. an orderly progress to the project. Both the intent and the requir~ments of the Specifications, attached as Exhibit A, are understood by the Contractor. 4. l~he Board shall pay the Contractor $ 51.00 for the removal and transport of derelict vessels and surrounding debris in the lower Keys resulting from Hurricane Georges. Contractor will not be responsible for disposal costs. Payment will be upon completion of work by the Contractor and review and approval by the Marine Projects Coordinator. 5 . l~he Specifications and the Monroe County Insurance Requirelnents together with this Agreement, forn1 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 harlnless the Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury and property dalnage (including property owned by the County) and -" ..... ,..... ,..,., t:J --r, o ;0 :0 ,.." c-, o .:0 Q 1 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 paragraph 11 does not vitiate this indemnification provision. 7. The Contractor agrees to supply the County with a set of photographs of each vessel and debris in all phases of the removal and transport process. The Contractor will be responsible for the camera, film, and development costs. 8. The Contractor must inform the County and the Florida Marine Patrol prior to initiation of work. 9. The parties agree that a timely performance of this agreement is essential due to possible damage t.o the natural resources, hazards to navigation, or threats to human health and welfare. Therefore, the parties agree that the Contractor shall be liable to the Board for $100 per day of liquidated damages for each day after 2-28-99 i. that the Contractor's obligations under this agreement remain unperformed. The parties agree that such amount is by the way of compensatory damages and does not constitute a penalty. 10. Due to the use of heavy equipment and, at times, dangerous work environment, the Contractor understands and agrees to maintain an alcohol an drug free work environment. 11. lrhe Contractor will be responsible for all necessary insurance coverage as indicated by an "X" on the attached forms identified as INSCKLST 1-4, as further detailed on forms VLl, WC1, W.CJA, GL1, WL1, & POLl attached as Exhibit B. All policies must list Monroe County as additional insured with the exception of the Worker's Compensation policy. 12. rrhe 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 2 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 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. Jl3. A person or affiliate who has been placed on the convjcted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. IN WITNESS WHEREOF each party hereto have executed this Agreement the day and \ (SEAL) l ',' Attest: DA ,X'~. KOLH~E, CLERK , ,j "'1l-'~' BY:~^()"~~-t~~. Dep y CI Q Witn~~ Witn~ss~'-- ,,-- /'.1 ,/ BOARD OF COUNTY COMMISSIONERS OF M ROE COUNTY, FLORIDA ~- Business Name: By: Arnold's Towing ~.a~ Title: Owner 3 EXHIBIT A DERELICT VESSEL REMOVAL CONTRACT SPECIFICATIONS FOR MONROE COUNTY, FLORIDA 1. ThfTENT: It is intended that these specifications shall cover all aspects of the work. Tlle purpose of this section is to provide specific conditions applicable to this contract where such coverage is not provided in other portions of the documents. 2. PFUCE FORMAT: A dollar amount per foot must be submitted for the removal of as many derelict vessels for which a Florida Marine Patrol Derelict Vessel Report is provided and as funding will allow. A contract will not be granted on the basis of combined, related, linked, or discounted bids. Not applicable due to emergency rellloval of one or more derelict vessels for less than $25,000 total. 3. PI"ANS: There are no plans for this project, but copies of the Florida Marine Patrol Derelict Vessel Report with location sketches will be provided for the Contractor's use. The Specifications include a 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 provided are to be removed. Tble County reserves the right to remove any or all vessels from this contract at any tinle prior to actual removal from the water and transport by the Contractor. 4. VI~SSEL IDENTIFICATION AND LOCATION: Each of the vessels have been gi,ren a derelict vessel identification number, which is shown with the location in the Florida Marine Patrol Derelict Vessel Report. The Contractor 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) rernoved, (3) verified and (4) transported, as specified in these procedures, then no payment will be made forthcoming to the Contractor for that vessel. Those four COllditions must be met on each derelict vessel along with compliance of all laws for payment to be made. It is understood that the Contractor has, by personal examination and inquiry, if necessary, satisfied himself as to 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 respollsibility should there be any discrepancies in what is stated in these docunlents and what the Contractor evaluates. TJGe Contractor should take special care to remove only those derelict vessels for which he possesses a Florida Marine Patrol Derelict Vessel Report. Other derelict v~~ssels in the area but not under Contract, cannot be molested. 5. S(~OPE OF WORK: The Contractor shall be responsible for providing all sUlpervision, labor, equipment, tools, fees and taxes required to complete this project to the satisfaction of the County. TIle Contractor's procedure and methods of removal may be of his own selection provided they secure results which satisfy the requirements of the Specifications. AJny 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. 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 removed from the derelict vessel prior to re:moval from the water. TIle Contractor shall be responsible for making any and all arrangement 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 engines. He must dispose of them in any legal manner. Pure used oil will be taken by Monroe County for disposal. Mixture 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 handlers will be supplied by the Monroe County Solid Waste Department. Metal becomes the property of the Contractor. 6. M.t\ TERIALS AND WORKMANSHIP: The Contractor shall provide the necessary materials and equipment to safely complete the job. The Contractor agrees that all work shall be performed by competent employees who are ex]perienced and qualified to do the work specified, and that all work will be performed in accordance with the best commercial practices. A list of equipment to be used and a description of the removal and transporting procedures to be followed must be provided to the County prior to initiation of work. Pn:~caution shall be exercised at all times for the protection of persons and property. The safety provisions of the Occupational Safety and Health Act of 1970 (Public La'w 91-596) and other applicable laws, including building and construction codes shall be observed. Machinery, equipment and other hazards shall be guarded in accordance witll safety provisions of the "Manual of Accident Prevention in 2 Construction", published by the Associated General Contractors of America, to the extent that such provisions are not in contradiction of applicable law. If any property is destroyed by any cause or means whatsoever, the Contractor shall rejpair and replace or not receive payment for the unaccomplished work. The Contractor shall 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 prohibited in carrying out the project. 7. ASSIGNMENT OF CONTRACT AND SUBCONTRACTS: It is expressly unlderstood that the Contractor is in all respects an independent Contractor for this work, not withstanding under certain conditions he is bonnd 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 thereof, nor any Moines due or to become due thereunder, may be assigned by the Contractor without the prior written approval of the County. TtLe 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 su'bcontractor, as he is for the acts and omissions of persons directly employed by 4. hilTI. Nothing contained in the relation between any subcontractors shall abide by the terms, conditions, and requirements of this Contract. It is the responsibility of the Contractor to pay all debt obligations incurred with subcontractors in an expedient manner. 8. LE~GAL RESTRICTIONS. PERMITS AND TRAFFIC PROVISIONS: The Contractor 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 required and should inquire about permit requirements with the appropriate agencies. The Contractor shall comply with all the requirements of the Federal Pollution Control Act. The Contractor shall conduct his operations so that he shall 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 tirrle that shall not interrupt or disturb members of the public. Utilization of off-Ioadillg sites located on private property (water to land for tra:nsport to the landfill or other disposal site by vehicle) must llave written approval of the land owner. 3 Tile 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 immediately if such confrontations results from removal of any contracted derelict vessels. 9. Il\rSURANCE: The Contractor must obtain insurance required by the County and submit proof of same to the County prior to acceptance of bid and contract approval byr Board of County Commissioners 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. TIle Contractor shall furnish the following certificates of insurance for review by the County's Risk Management Division: Certificate (s) of Insurance which clearly indicates that he has obtained the insurance coverage required in paragraphs a,b,c and d below. T1Le Contractor hereby certifies that no modification or change in insurance shall be made without (10) days written advance notice to MONROE County, c/o the Director of the Risk Management Divisi~n. a. Worker's Compensation Insurance per Fl. Statutes b. Federal Jones Act Coverage c. General Liability Insurance on a comprehensive basis, in an amount not less than $300,00.00 per occurrence for Bodily Injury and Property Damage combined, to. include contractual liability. c. Pollution Liability Insurance in the Amount of $500,000. d. Water Craft Liability Insurance in the Amount of $500,000. e. AlLtomobile liability insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $100,000 per occurrence for Bodily Injury and Property and Damaged combined. All insurance policies required above shall be issued by companies authorized to do business under the laws of the state of Florida. The Monroe County Board of County Commissioners must be listed as "Additional Insured" on all policies, except for the Worker's Compensation policy. 4 10. Q)MMENCEMENT~ DELAYS AND COMPLETION OF WORK: After rel:;eiving Notice to Proceed and/or Board of County Commission approval of the Contract, and after reconciliation of any details or conditi~ns which may directly or in(lirectly interfere or conflict with work of the Contract, the County will issue a "}~otice to Proceed" officially authorizing the Contractor to commence. The Contractor shall commence work within one week from the date on the "Notice to Proceed" letter. If the Contractor should be delayed in the progress of the work included in the Contract by enforceable causes beyond his control, the time for the completion of the work may be extended upon agreement of the County representative. Requests for an extension of time must be submitted in writing to the County representative. E)(tensions of time cannot legally be approved unless the written request is submitted in the time to permit it to be acted upon before the Contract expiration date. To allow sufficient time for the administrative procedures required to obtain action by the County Commission, a request for time extension must be received by the County representative at least sixty (60) calendar days prior to the Contract expiratioll date. Provided further that the Contractor shall within ten (10) days 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 her 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 arriving non-completion of work within the time limit, but such liabilities shall be subject to continuation in full force against the contractor. 11. CI-IANGES 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. AIJl 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 judgment of inspections, or previous acceptance, shall not relieve the Contractor fronl the obligation to make good any defect whenever discovered. 5 Tlle right 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 before or after work has begun. Notice of such changes shall be given in writing to the Contractor; such changes are not to be grounds for any claim by the Contractor for damages, nor for the forfeiture of the Contract. It is possible that a Derelict Vessel could disappear between the time of inspection by the contractor and the actual effort to remove it. No payment will be forthcoming in event that this occurs. Except when otherwise specified, the expense of all tests requested by the County will be borne by the County. 12. AlJDIT RIGHTS: As a provision of the funding from FEMA to the County, and if so requested by the State, the successful b~dder agrees to provide access to all records and allow the audit 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. PlmWORK CONFERENCE: A meeting will be necessary involving a re]~resentative of the County, the Contractor and other parties with direct in'volvement 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 4as to the order in which he proposes to relTIOVe the vessels awarded to him. 14. CONTRACT SECURITY: 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 County. 15. E)CECUTION OF CONTRACT DOCUMENT: Due to the time frame involved with this project, the Contractor upon notification that he is to be awarded the co:ntract documents for execution, shall return said documents properly executed along with insurance within TEN WORKING DAYS. This will assist in acceleration of execution of the contract documents. The Contractor, by virtue of signing the Contract, acknowledges 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 tra:nsportation, handling, access to the pick-up and disposal sites; and the character of equipment and facilities needed to perform the work. Failure 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 awarded the Contract. If for any reasons, not acceptable to the County, the Contractor does not perform, the County shall have the right to levy liquidated damages against the Contractor. 6 Liquidated damages in the amount of $1 00 per day shall be assessed against the Contractor for work awarded to him which is not completed and accepted by the County within the number of calendar days specified in the Contract. Liquidated damages are accumulative. 16. N()TICE TO PROCEED: The Contractor shall commence work upon this project within one week of the date of the Notice to Proceed lette,r and perform in a continuous manner until completion and acceptance by the County. For Contracts w]lerein a specified number of days for completion is stated in the Contract, the effective date of the "Notice to Proceed with Contract Work" will establish the "beginning date" of the project. 17. TI~RMINATION 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. 18. 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. The disposal of materials, ru~bish and debris shall be made at a legal disposal site. 19. DISPOSAL SITES AND FEES: The County will be responsible for disposal of all derelict vessels included in this contract. It is the responsibility of the Contractor to photograph all vessels in all stages of removal from the water and transport to the transfer station. Th.e Contractor will deliver the derelict vessels to a Florida Department of En.vironmental Protection permitted disposal site that has current occupational tax licenses. It is the intent of this contract to remove derelict vessels from their present site and legally dispose of them. Upon receipt of vessels at the landfill, they must be disposed of immediately. There are several Monroe County disposal sites, Cudjoe Landfill, MM 21.5 (vessels must be 26' and under to be delivered in tact, over 26' they must be broken up), Long Key Landfill MM 68, and Card Sound Road AKA SR905 other lan,dfills in neighboring countries or any other location for disposal as long as the site is a legal licensed disposal site. Prior to transportation of vessels out of County the County representative must approve. Vessels being disposed of at County Landfill sites must be free of pollutants and engines. 20. PROOF OF PROPER DISPOSAL AND NOTIFICATION TO MARINE PATROL: Contractor n1ust submit prior to receiving any payment: A receipt for 7 each vessel including the date of disposal, the Florida Marine Patrol Derelict Vessel N"umber, disposal site location, and the telephone number. Recipient of debris sh.ould provide detailed receipt showing type and description of debris received. 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 vessel after re:moval but in the same general area preferably while in tow, and the third prlotograph must be of the vessel at the disposal site with sufficient background to depict disposal (i.e., building or sign identifying disposal site). TIle Contractor will be responsible for the camera, film, and development costs. TIle photographs should be taken with a Polaroid camera that provides instant pllotos since this minimizes loss of documentation due to camera malfunction or loss overboard. This photos must be submitted on a vessel by to document the rernoval and disposal of the contracted vessels final payment can not be assured. T:he Contractor 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 pre-work conference with the County representative. Notification is to be made before doing any work on each vessel. This multiparty communication for each Derelict Vessel is a requirement of tpe contract. 21. P j\ YMENT: All payments for the removal and disposal of each vessel, shall be for the performance of the work as stipulated in these specifications and associated contractual documents. The unit rate of bid shall be totally inclusive for all phases of the operation. The Contractor may request two 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, and signed FDEP Disposition Certification form for the vessels for which payment is being 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 rernoval 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. 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 acceptable to the County and the Owner, prior to the final payment for contracted work. 22. NC)N-COI~LISION AFFIDAVIT: Upon entering into the contract, the Contractor agrees to sign and endorse the Non-Collusion Affidavit form (attached). 8 23. E'-fRICS CLAUSE: Upon entering into the contract, the Contractor agrees to sign anld endorse the Ethics Clause form (attached). 24. D:RUG FREE WORK PLACE FORM: Upon entering the contract, Contractor agrees to sign and endorse the Drug Free Work Place form (attached). 9 EXHIBIT B .' t' 1996 Edition 1\10NROE COUNTY, FLORIDA INSURANCE CIIECKLIST FQR VENDORS SUB1\UtTING PROPOSALS FOR \VORK To assist in tI~e development of your proposal, tIle insurance coverages marked with an "X" will be required in the event an award is made to your finn. Please review this fonn v.~th 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. . \,'ORKERS' COMPENSATION AND EJ\1PLO'tTERS'LIABILITY weI v..' C2 V/C3 \\'CUSLI-I X \\' orkers' Compensation X Emplo)'ers Liabilit), Employers Liabilit), Emplo)'ers Liability US Longshoremen & Harbor V/orkers Aot X Federal Jones Act StatutOf)' Limits $100,000/$500,000/$100,000 $ 5 00,000/$ 500,000/$ 500,000 $1,000,000/$1,000,000/$1,000,000 Same as Employers' Liabilit)l Same as Employers' Liability \\' CJ A 1I\1SC:}{L.srr I /\dfl1irli\trat;()fl lrlstructi(lfl 1/ 4 7 () 9 . 2 1996 Edition As a minimum, the required general liability coverages will include: GENERAL I~JABJLJTY · Premises Operations · Blanket Cpntractual · Expanded Definition of Property Damage Required [,imits: GLI x GL2 GL3 GL4 Required Endorsement: GLXCU G LLI Q GLS Pr9\!ucts and Completed Operations Personal Injury . . $100,000 per Person; $300,000 per Occurrence $50,000 Proper1)' Dan1age or $300,000 Combined Single Limit $250,000 per Person; $500,000 per Occurrence $50,000 Property Damage or $500,000 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 Limit Underground, Explosion and Collapse (XCU) Liquor Liability Securit)! Sef\'ices All endorsements are required to have the same limits as the basic policy. ^ d III I r I I .. I r ,III () 11 f n ';{ rue ( j 0 Cl 1/ .1 ';' () ( / ) I t\SCI{ LJS~r 7 1996 Edition VEJ-IICLE [,JABrLJT~ As a minimum, coverage should extend to liability for: · Owned; Non-owned; and Hired VehjGles Required I."imits: VLI y \JL2 VL3 VL4 BRI 1\1\1 C PROI PR02 PR03 POLl POL2 POI~3 x I~D 1 1=02 Gl( 1 (J f~2 G}(] \.ILl x ^ d 1111 n I '; I rat Hlr1 J r \ '.l r III 11< If I I: 4 7U()) $50,000 per Person: $100,000 per Occurrence $25,000 Property Damage or $1 00,000 Combined Single Limit $1 00,000 per Person; $300,000 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 Limit ]vnSCELLANEOUS COVERAGES Builders' Risk Limits equal to tbe con1pleted project. Motor Truck Cargo Limits equal to the maximum value of anyone shipment. Professional Liabilit)! $ 250,000 per Occurrence/$ 500,000 Agg. $ 500,000 per Occurrence/$1 ,000,000 Agg. $1 ,000,000 per Occurrence/$2,000,000 Agg. $ 500,000 per Occurrence/$1 ,000,000 Agg. $1,000,000 per Occurrence/$2,000,000 Agg. $5,000,000 per Occurrence/$1 0,000,000 Agg. $ 10,000 $100,000 Pollution Liabil it), En1ployee Dishonesty Garage Keepers $ 300,000 ($ 25,000 per Veh) S; 500,000 ($100,000 per Veh) $ 1,000,000 ($250,000 per Veh) \.latercraft Liability $500,000 IN SC-'l{ I~S'r 3 1996 Edition I have reviewed the above requirements with the bidder named below. The fOllowing deductibles apply to the corresponding policy. mSURANCEAGENTSSTATEMENI POLICY DEDUCTIBLES Liabili t)' policies are Occurrence Clain1s l\1ade Insurance Agenc)' Signature BIDDERS ST A TE1\1ENI I understand the insurance that will be mandatoryrif a v.'ard cd the contract and will comply in full \vith all the rcquirenlents. Bidder Signature ^ d r 11 III I '; lr ~j( I () II I fl \ { r U (( I( If 1 1/ 4 7 () () 1 INSC'}{ I .ls'r I~ 1996 Edition \VORKERS' COMPENSATION INSURANCE REQUlRE1\1ENTS FOR CONTRACT I BET\VEEN MONROE 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 v.ith limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies 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 shaIl recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of AuthoriZ2tion 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 ofInsurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. \ \' (' I ^dnlilll\lr~j(I()ll Instru\ llllll II .~ 7 0 <) . ) 1996 Edition \\lORKERS' COl\fPENSA TION INSURANCE REQUIREl\fENTS FOR CONTRACT , r BET\\'EEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract involves Maritime Operations, the Contractor's Workers' Compensation Insurance Policy shall include coverage for claims subject to the Federal Jones Act (46 U.S.c.A. subsection 688) with limits not less than those specified for Employer's Liability. The Contractor shall be permitted to provide Jones Act Coverage through a separate Protection and Indemnity Policy, in so far as the coverage provided is no less restrictive than would have been provided by a Workers' Compensation policy. ~L \ V C' J ,;\ /\ d 111 i n i S (r J ( i <l n J n " [ru ell () n 1t47092 . ' J 996 Edition GENERAL LIABILIT\' INSURANCE REQUlRE1\fENTS FOR CONTRACT , B ET\\'EEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a n1inimun1: · ]?remises Operations · Products and Completed Operations · Blanket Contractual Liability · Personal Injury Liability · Expanded Definition of Property Damage TIle 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 S; 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 f.ollowing 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. (; L.I ^ d III III I \ If ~III< l( I Ill', II II (t I () n 1/ .1 -; () () } 1996 Edition VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN 1\fONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of\vork, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: · ()wned, Non-O\vned, and Hired Vehicles The minimum limits acceptable shall be: $100,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 50~lOOO per Person $1 OO~IOOO per Occurrence $ 25~OOO Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. \'LI Adnlirllstration Instruction #47092 80 1996 Edition POLLUTION LIABILITY INSURANCE REQUlREl\fENTS FOR CONTRACT BET\VEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract involves the storage, treatment, processing, or transporting of hazardous materials (as defined by the Federal Environmental Protection Agency), the Contractor shall purchase and maintain, throughout the life of the contract, Pollution Liability Insurance which will respond to bodily injury, property damage, and en\'ironmental damage caused by a pollution incident. The minimulTI limits of liability shall be: $500,,000 per Occurrence/$ 1,000,000 Aggregate If coverage is provided on a claims made basis, an extended claims reporting period of four (4) years ",rill be required. POLl l\lir11111!stration IllS(rUCli()r1 1: .1 7 () <) 2 7 ] .., 1996 Edition 'VATER CRAFT LIABILITY INSURANCE REQUIRE1\fENTS FOR CONTRACT , I B ET\\'EEN 1\fONROE COUNTY, FLORIDA AND Prior to the commencement of ",'ork 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, I 977 edition). Coverage shall be maintained throughout the life of the contract and include, as a minimum: · Injury (including death) to any Person · Damage to Fixed or Movable Objects · Costs Associated with the Removal of\Vrecked Vessels · Contractual Liability with Respect to this Contract If the policy obtained states that coverage applies for the "Acts or Omissions of a Vessel ", it shall be endorsed to provide coverage for the legal liability of the shipowner. The minimum limits acceptable shall be: $500,000 Combined Single Limit (CSL) Coverage provided by a Protection and Indemnity Club (P&I) shall be subject to the approval of the Count)!. TIle Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. \\IL-I ^ d llll n I ~) l r a l i 'J n J 11 'd.' U <..' ( I () n It 4 7 0 9 ") [~~~~ ....~~.~..J PRODUCER THIS CERTIFICATE IS ISSUED AS A MAlTER OF INFORMATION .... DONATO INS. AGENCY INle. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE POBOX E~7518 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR · · ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ORLANDO FL 32750 COMPANIES AFFORDING COVERAGE 407-~9-75Z5 COMPANY A CONNECTICUT INDEMNITY INSURED ARNOLD · S TO"ING SVC. ARNOLD' S AUTO & MARINE. BK TOWING , ROADSIDE ASSIST IN 5540 3RD AVIE. KEY WEST FL 33040 COMPANY B COMPANY C COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, N01WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITlONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co lm AUTOMOBILE UABIUTY ANY AUTO ALL OWNED AUTOS X SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS V'JA!VER: POUCY EFFECTIVE POUCY EXPIRA nON UMITS DATE (MMIDDIYV) DATE (MMIDDIYY) GENERAL AGGREGATE S PRODUCTS - COMP/OP AGG S PERSONAL & ADV INJURY S EACH OCCURRENCE $ FIRE DAMAGE (Anyone fire) $ MED EXP (Anyone person) $ COMBINED SINGLE UMIT $ 500,000 BODIL Y INJURY S (Per person) 04/30/99 BODIL Y INJURY (Per accident) TYPE OF INSURANCE POUCY NUMBER GENERAL UABIUTY COMMERCIAL GENERAL LlABlUTY CLAIMS MADE 0 OCCUR OWNER'S & CONTRACTOH'S PROT UA'll A TTIOI489 PROPERTY DAMAGE GARAGE UABIUTY ANY AUTO A X X TTIOl489 04/30/98 04/30/99 AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ 500,000 500,000 500,000 EXCESS UABIUTY UMBREllA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSA nON AND EMPLOYERS' UABIUTY EACH OCCURRENCE AGGREGA TE $ $ $ OTH- ER THE PROPRIETOR! PARTNERSIEXECUTlVE OFFICERS ARE: OTHER INCL EXCL $ EL DISEASE - POUCY UMIT $ EL DISEASE - EA EMPLOYEE $ GEKEEPERS LEGAL lLSB. A ON-HOOK TTIOl489 04/30/98 04/30/99 $1,000 OED $1,000 OED $100,000 $50,000 DESCRIPTION OF OPERA TIONS/lOC'~nONSNEHICLESISPECIAlITEMS MONROE COUNTY BOARD OF COUNTY COftt1ISSIONERS IS INCLUDED AS ADDITIONAL INSURED FOR REMOVAL OF DERELICT VESSESL POLLUTION COVERAGE - COMPANY B - POLICY 110619-02 08/21/97 - 08/21/98 lIMIT OF LIABILITY - $500,000 . . . ,- ,. .,... ........... MONROE COUH1rv BOARD OF COUNTY C<>>'MISSIONERS SHOULD ANY Of THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE ATTN: RISK .~T. EXPIRATION DATE THEREOF, THE ISSUING COMPANY WIU ENDEAVOR TO MAIL 5100 COLLEGE ROAD ~ DAYS WRITTEN NOTICE TO THE CERTIfiCATE HOLDER NAMED TO THE LEFT, KEY WEST Fl 33040 -4399 BUT FAilURE TO MAil SUCH NOTICE SHALL IMPOSE NO OBUGA nON OR UABIUTY ATTN: KIM M<:GEE, MARINE PROJECTS COORDlNATER NTATIVES. FAX: 305-2~'5-4317 OF ANY KINO UPON AUTHORIZED REPRESENTATIV REVISED ACORD 25..S TlONt9se '_ \_ U,,-_, '::G U'-1 . c.':jr-'I'l lJL'::, L G~ F'.2/2 {l]o02 ~.... n__. ~ t .~OR~D.. YR 'It THI-. . l'Itoouc;p LONDON INTERNATIONAl. GROUP 9600 KOGER BLVD.. SUITI~ 1225 ST. PETf.RSBUR.G. FLOR1I)A 33702 DATE (MMIDOtVV,. W1 GI96 11415 CERTIfICATE IS ~D AS A MATTER OF INJORMAncN ONLY &NO CCNFE"RS NO RJGm'S UPON THE C1:K1"K;A~ HOLDER. THI$ ~RTlRCATIi DOES NOT Nt1END- IXTENC OR COMPANIES AFFOBDJ.NG CO UNITED CAPITOL lNSURANCE co. ~ A 1HSUR!:iJ AANOLO'S TOwtJ'lG SSRVtCE 5540 3RD AVENUE KEY WEST. FLOf;~lOA 33040 ~ B ~ C COMPANY D :q.~..- ' "IJ - ". ~~, . ~ " ~( "..~ ~ TO ~N THAT "tHE POl.JCIES OF IHSURANCe ~ 88..OW H~\tE BEEN IHUEO TO THE NSUReO NAMEO NJO\IE FOO ~ PClJC'V PERlOO 'NQ)CATa). ~S""NO&NG AH'f R.l!OU.R~. TERM OR aoMDC'TIQN OF Nrr CQHTMc:T OR o'01ER DOCUMENT WITH RESPECT TO ~ THiS Ct~i1RCAfE MAY BE ISSlJEO M MAY peRTAIN. "THI! N$~ce ,.,.,-g"cED 8 y ntE POLJCre:S OESORJUeO HERElN IS suSJtC"r "to AlL ~E TeRMB. EXCt-USfONG ANn CONOC11ON$ OF sue... PCUC1eS. "-MToS SMOWN MAY HA\I'f ~N ~ BY ~o~. ~ TY~ OF ~1UNc:e pOLICY Eff"e;T1VI! POUCY OPlftATTON LIMITS LTI\ PCucY' NUMGSt. DAte tM~ CAT; IWWOtn1 G~ERAL. UA8lUTY C~01Al ACtUi~TE , CO~ ~~ l.JA.WU1Y PR~.~AGG S . -J ~ w.oE Cl tceJR p~ .. AOV JNJU~Y S QtlvN~ , ~M"r pq()T iACH ~A~GN~ S ~QE ~ (Alty 0fW t\,., S ~ F.:)t.p VIm' ~ ~) s AUTOM08Q.E UA$UTY ~~~lNT $ /AHY IVJTO ,HJ. O'IJNED AUtOS 8004LV~JU~ S SCHeCfJl..ED AUTOS ~~ HlREO AUTOS ~OIL Y iNJV~Y 'S NON-OWNEO /AUTOS (P'c'r ~.,,~ ~()tJ ERT'f ~AG€ I CARACE l.1AB1l.JTT Mrro ON\. Y . tA ~NT $ W /oNY AUTO -I ,I 0"fKER THAN A.lJTQ Oto'l ~ l!&CH~ $ I I MlGRg;^TE s EXCESS UABJUTY v.01 OCC\JR~ I~ UMBREUA F~ M3{3~-re 0N6.A 'Tl4.t..N u~ JlOftM I ~ ~~ ~NaATION N40 C. EM91..~ 1,..f.A&tJTY S ~~ j~ Q. ,,~. POUCT UMlT ~~ DQtCM::I Nte b1.. ~~ - ~ ~OYU $ OTHER ;1 Hull FII WOM1258296 8-19....98 \8-19-99 SEE BELOW I DESCRIPTION OF OMiRATIONSwttJ(:AnON~EeW. JTEM$ COVERAGE: HUU. & PRCrreCTION & INOEMNITY HULL $5.000 I PROTECTION & INO~MNI1Y $ 500,000 eOMB1N~O SiNGle LIMIT C~Rl1E=lCATE ~OLDER ALSO AN AQOtTJONAL. 'N$UREO ~ RESPECTS TO DEREUCT VESSEL R~MOVAL CONTRACT_ MONROE COUNTY BOARD OF COUNTY COMM" MONRoe COUNTY RISK MANAGEMENT 5100 COLLEGfi I~OAD KEY weST, FLORIDA 33040 ~ IJ(Y OF TMf QO~ ~ P04.~OU R CAHCO.l.B) ~ nu; ~'nON CaA~~. 1'ME ~.COMPANt W\l.L ~~R YO MAU.. 30 t14V5 watn'EH 1'Q THE aarr. auT ~ lC "'-'I. 6-.J~ UPOH 11W! A~ ~(~ " 1)'__ I Uu . ~o U4: 2(jPI'l [llS (HHf'1FS r'1H~J'"LllriG p. 1/2 DES CHM1PS &:, GREGORY, INC. INSURORS 181Z Manatee Avenue West Bradenton, nonda 34205 (941) 748-1812 fax: (941) 750-8455 To: \(.{(Y\ M~&~ From~ l,l. _ (V\Ae....~,--1 fax: Date: -~<6 \ . Pages: ~ Mail: Subj: INSTRUCTIONS/ COMMENTS t:620~G(6 10 s~ Oe- (G-l~L I ~ -----............. \C~J ~ ConfidcIiti81 Nate nw infonrultion C'oI\~irtcd irt UW fax mc~ge ~ privi.l~6~d U\d cartfidcnti.al information intended only {or th4; ux of the individUAl or entity nAmed above.. II the reJ.dcr ~f th.lSmc~8e u not the intend.ed reapiet'lt, you uc notified that Any d.UKnU..n4tion, dirtribution or copy of UW rL~ ~ strictly prohibited.