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11/12/1997 Agreement (2)CONTRACT AGREEMENT t AGREEM�NT, MADE THIS �Z `� day of ffAVCXf4�1997, by and Z c-> c� cry between, Homestead Marine Services, "Contractor" o r ("Contractor"), and the BOARD OF z ?C z © --n Inc. COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, of the Col Ar � "1 oo c :-+ :a Monroe, State of Florida ("Board"). n The Contractor and the Board, for the consideration named agree as follows:" F-i ry a cn d 1. The Contractor shall furnish all the materials and perform all the work as required by the Specifications for the removal of Derelict Vessels 1997-98. 2. The work to be performed under this contract shall commence immediately from the date the Liaison provides the Notice to Proceed and shall be completed by 3. The Contractor understands the rules of the Florida Department of Environmental Protection and shall comply with those rules, along with the rules and procedures instituted by the Board to ensure an orderly progress to the project. Both the intent and the requirements of the specifications, attached as Exhibit A, are understood by the Contractor. 4. The Board shall pay the Contractor $ 48.99 per linear foot for the removal and legal disposal of Florida Marine Patrol marked derelict vessels. Three partial payments will be allowed during the Contract period and shall be upon completion of work by the Contractor and review and approval by the Marine Projects Coordinator. The partial payments are a percentage of the total Contract sum equal to the work 1 satisfactorily completed up to the time of payment, minus 10% retainage. The amount retained will be paid with the last payment, if the project is satisfactorily completed. 5. The attached Specifications, and the Monroe County Insurance Requirements together with this Agreement, form the Contract. They are fully a part of this Contract as if repeated herein verbatim. 6. The Contractor covenants and agrees to indemnify and hold harmless the Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury and property damage (including property owned by the County) and other losses, 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 13 does not vitiate this indemnification provision. 7. The Contractor agrees to supply the County with a set of photographs of each vessel in all phases of the removal and disposal process. The Contractor will be responsible for the camera, film, and development costs. 8. The Contractor must inform the County and the Florida Marine Patrol prior to initiation of work. 9. The parties agree that a timely performance of this agreement is essential due to possible damage to the natural resources, hazards to navigation, or threats to human health and welfare. Therefore, the parties agree that the Contractor shall be liable to the Board for $100 per day of liquidated damages for each day after 9-30-98 that the 2 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. The Contractor will be responsible for all necessary insurance coverage as indicated by an "X" on the attached forms identified as INSCKLST 1-4, as further detailed on forms VL1, WC1, WCJA, GL1, WL1, & POL1 attached as Exhibit B. All policies must list Monroe County as additional insured with the exception of the Worker's Compensation policy. 12. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or 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, for CATEGORY TWO ($10,000) for a period of 36 months from the date of being placed on the convicted vendor list. 13. The Board may terminate this agreement with or without cause at anytime upon giving the contractor a minimum of ten days in writing. The contractor, upon 3 receipt of the notice, shall immediately cease work. The Board shall pay the contractor the percentage of the contract sum which is proportional to the amount of work performed by the contractor in a manner satisfactory to the Board up to the date the Contractor received the Notice of Termination. IN WITNESS WHEREOF the parties hereto have executed this Agreement to day and year first written above. Title: Business name: BOARD OF COUNTY COMMISSIONERS (SEAL) ATTEST: DANNY L. KOLHAGE, CIerI. .S� , Q 0. L4'� CLERK APPROVED AS TO ORM A AL,S WfFFI ROBERT N. F DATE 4 EXHIBIT DERELICT VESSEL REMOVAL CONTRACT SPECIFICATIONS FOR MONROE COUNTY, FLORIDA 1.INTEN : It is intended that these specifications shall cover all aspects of the work. The 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. BID FORMAT: A dollar amount per foot must be submitted for the removal of as many derelict vessels on the primary list for which a Florida Marine Patrol Derelict Vessel Report is provided and as funding will allow. Any deviation from this format will result in an unaccented bid. A contract will not be granted on the basis of combined, related, linked, or discounted bids. Not applicable due to emergency removal of one or more derelict vessels for less than $25,000 total. 3. PLANS: There are no plans for this project, but copies of the Florida Marine Patrol Derelict Vessel Report with location sketches have been bound into these documents 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 included and listed on the Bid Response Form are to be bid upon and subsequently removed. The County reserves the right to remove any or all vessels from this contract at any time prior to actual removal from the water and disposal by the Contractor. The County has a limited amount of money to effect the removal of these derelict vessels. We have established priorities based on public safety, navigational hazard, and environmental considerations. If bids exceed the County's resources for removal based on these considerations, we shall limit vessel removal based on the considerations and cost effectiveness. 4. VESSEL 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 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 responsibility should there be any discrepancies in what is stated in these documents and what the bidder evaluates. The Contractor should take special care to remove only those derelict vessel's on his Contract and for which he possesses a Florida Marine Patrol Derelict Vessel Report. Other derelict vessels 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 reached by the Florida Department of Environmental Protection, Monroe County Administrator of the Derelict Vessel Program, and the Contractor. This will be applicable when a contracted derelict vessel cannot be located. No derelict vessel may be replaced and removed without the tri-party consent noted in this paragraph. A contractor may suggest a possible replacement vessel but he may not remove it without the appropriate consent above. 5. SCOPE 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 environmental 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. 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 removal from the water. The 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. 2 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. MATERIALS 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 experienced 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 at the pre -work conference described below. Precaution 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 Law 91-596) and other applicable laws, including building and construction codes shall be observed. Machinery, equipment and other hazards shall be guarded in accordance with safety provisions of the "Manual of Accident Prevention in 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 repair 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 understood that the Contractor is in all respects an independent Contractor for this work, not withstanding 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 thereof, nor any Moines 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 persons directly employed by him. 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. LEGAL 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 time that shall not interrupt or disturb members of the public. Utilization of off-loading sites located on private property (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 immediately if such confrontations results from removal of any contracted derelict vessels. 9. INSURANCE: 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 by 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. The 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. The 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 Division. 4 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 $500,00.00 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. Automobile liability insurance covering all owned, non -owned and hired vehicles used in connection with the work, in an amount not less than $300,000 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. 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" 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. 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 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 expiration 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. 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 judgment of inspections, or previous acceptance, shall not relieve the Contractor from the obligation to make good any defect whenever discovered. The 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. AUDIT 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 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. CONTRACTAWARD: The County reserves the right to evaluate the submitted bids and award a contract to the bidder 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. 291 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. 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. 16. EXECUTION OF CONTRACT DOCUMENT: Due to the time frame involved with this project, the Contractor upon notification that he is to be awarded the contract 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 transportation, 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. Liquidated damages in the amount of $100 per day shall be assessed against the Contractor for any bid item 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. 17. NOTICE TO PROCEED: The Contractor shall commence work upon this project within one week of the date of the Notice to Proceed letter and perform in a continuous manner until completion and acceptance by the County. For Contracts wherein 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. 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. The disposal of materials, rubbish and debris shall be made at a legal disposal site. 20. DISPOSAL SITES AND FEES: : The 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 vessels to a Florida Department of Environmental 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 landfills 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. 21. PROOF OF PROPER DISPOSA 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. Recipient of debris should 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 removal but in the same general area preferably while in tow, and the third photograph must be of the vessel at the disposal site with sufficient background to depict disposal (i.e., building or sign identifying disposal site). The derelict vessel number, when possible, must appear in all photographs. The Contractor 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 minimizes loss of documentation due to camera malfunction or loss overboard. This photos must be submitted on a vessel by to document the removal and disposal of the contracted vessels final payment can not be assured. The 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 the contract. 22. PAYMENT: 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 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. 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. 23. NON -COLLISION AFFIDAVIT: Upon entering into the contract, the Contractor agrees to sign and endorse the Non -Collusion Affidavit form (attached). 24. ETHICS CLA • Upon entering into the contract, the Contractor agrees to sign and endorse the Ethics Clause form (attached). 25. DRUG FREE WORK PLA E FORM: Upon entering the contract, Contractor agrees to sign and endorse the Drug Free Work Place form (attached). 26. DERELICT VESSELS AT ISSUE: The derelict vessels listed on the Derelict Vessel Working List for 1997 shall be removed and disposed of by the Contractor in accordance with the provisions of these Specifications. 6 1996 Edition MONROE COUNTY, FLORIDA INSURANCE CHECKLIST FAR VENDORS SUBMITTING PROPOSALS FOR WORK To assist in the development of your proposal, the insurance coverages marked with an "X" will be required in the event an award is made to your firm. Please review this form with your insurance agent and have him/her sign it in the place provided. It is also required that the bidder sign the form and submit it with each proposal. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY _Workers' Compensation WCI z Employers Liability WC2 Employers Liability WC3 Employers Liability WCUSLH US Longshoremen & Harbor Workers Act WCJA g Federal Jones Act Administration Instruction # 4 709.2 Statutory Limits $ 100,000/$500,000/$ 100,000 $500,000/$500,000/$500,000 $ 1,000,000/$ 1,000,000/$ 1,000,000 Same as Employers' Liability Same as Employers' Liability IN'SCKLST 1996 Edition GENERAL LIABILITY As a minimum, the required general liability coverages will include: • Premises Operations Prgducts and Completed Operations • Blanket Contractual Personal Injury • Expanded Definition of Property Damage Required Limits: GL1 X GL2 GL3 $100,000 per Person; $300,000 per Occurrence $50,000 Property Damage 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 GL4 $5,000,000 Combined Single Limit Required Endorsement: GLXCU Underground, Explosion and Collapse (XCU) GLLIQ Liquor Liability GLS Security Services All endorsements are required to have the same limits as the basic policy. INSCKLST Administration Instruction #4709.2 1996 Edition As a minimum, coverage should extend to liability for: • Owned; Non -owned; and Hired Vehicles Required Limits: VL1 X VL2 VL3 VL4 :• MVC PROI PR02 PR03 POL1 POL2 POL3 ED1 ED2 GK 1 GK2 GK3 WU Administration Instruction #4709.2 $50,000 per Person: $100,000 per Occurrence $25,000 Property Damage or $100,000 Combined Single Limit $100,000 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 5MV61441"A Al • •. Builders' Limits equal to the Risk completed project. Motor Truck Limits equal to the maximum Cargo value of any one shipment. Professional $ 250,000 per Occurrence/$ 500,000 Agg. Liability $ 500,000 per Occurrence/$1,000,000 Agg. $1,000,000 per Occurrence/$2,000,000 Agg. Pollution $ 500,000 per Occurrence/$1,000,000 Agg. Liability $1,000,000 per Occurrence/$2,000,000 Agg. $5,000,000 per Occurrence/$10,000,000 Agg. Employee $ 10,000 Dishonesty $100,000 Garage $ 300,000 ($ 25,000 per Veh) Keepers $ 500,000 ($100,000 per Veh) $1,000,000 ($250,000 per Veh) Watercraft Liability $500,000 INSCKLST 1996 Edition I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Liability policies are — Occurrence _ Claims made Insurance Agency Signature BIDDERS STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Bidder Signature INSCKLST Administration Instruction #4 709.2 1996 Edition NVORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract involves Maritime Operations, the Contractor's Workers' Compensation Insurance Policy shall include coverage for claims subject to the Federal Jones Act (46 U.S.C.A. subsection 688) with limits not less than those specified for Employer's Liability. The Contractor shall be permitted to provide Jones Act Coverage through a separate Protection and Indemnity Policy, in so far as the coverage provided is no less restrictive than would have been provided by a Workers' Compensation policy. W CJA Administration Instruction # 4 709.2 1996 Edition WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance Arith limits sufficient to respond to Florida Statute 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self - insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. WC1 Administration Instruction #4709.2 1996 Edition GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BET''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 minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. GLl Administration Instruction #4709.2 1996 Edition POLLUTION LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT J I BETWEEN 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 environmental damage caused by a pollution incident. The minimum 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 will be required. POLI Administration Instruction #4709.2 1996 Edition VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non -Owned, and Hired Vehicles The minimum limits acceptable shall be: $100,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 50,000 per Person $100,000 per Occurrence $ 25,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. VL1 Administration Instruction #4709.2 1996 Edition WATER CRAFT LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of ,,A,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, 1977 edition). Coverage shall be m maintained throughout the life of the contract and include, as a minimu: • Injury (including death) to any Person • Damage to Fixed or Movable Objects • Costs Associated with the Removal of Wrecked Vessels • Contractual Liability with Respect to this Contract If the policy obtained states that coverage applies for the "Acts or Omissions of a Vessel", it shall be endorsed to provide coverage for the legal liability of the shipo Amer. 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 County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. WL1 Administration Instruction #4709.2 1996 Edition AIONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract. Contractor: Contact for: Address of Contractor: Phone: Scope of Work: Reason for Waiver: Policies Waiver will apply to: Signature of Contractor: Approved Not Approved Risk Management Date County Administrator appeal: Approved: Not Approved: Date: Board of County Commissioners appeal: Approved: Not Approved: Meeting Date: Administration Instruction #4709.2 _ 10129/1997 00:10 305-242-9986 HOMESTEAD MARINE PAGE 03 _ SL! - °An PAGE 4 INSURANCE BINDER 10/27/97 MMI AMP AYORM OF ACQIC T INNRANCR COMPANY 3TARKWEATHER & SHEPLEY ENVIRONMENTAL POLLUTION P. O. BOX 549 514 OCEAN AVE PROVIDENCE RI 02901-0549 MASSAPEQUA NY 11758 AORNCY can 3MESTEAD MARINE 0102484110 C-PORT PROGRAM RRVICES, INC. APT. WILLIAM HICKS 10 27/97 To 01/28/98 6 23 WWDPECKER STREET OMESTEAD FL 33035 TION -Port vessels provide vessel assistance to pleasure craft and other ncidental responses including oil spill response. -Port vessels perform commercial work consistent with the size and ature of their vessels. D D I T I O N A L I N T E R E S T S MANUSCRIPT SCHEDULE 1 MONROE COUNTY HOARD INTEREST: Addl Insured OF COMMISSIONERS YL 33035 CERT:Y UGNATM OF AVrV0 9D RRTREWRIATMIE 10/29/1997 00:05 305-242-9986 HOMESTEAD MARINE PAGE 02 L!BCDEF CJIE RiI i[1•ii/' OF INSURANCE ►gL 08006 ISSUEDATE (MMrDOnY) 10 27 97 PROpvCER THIS CERTffICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONYERS NO RIGHTS UPON THE CERTIFICATE HOL ZR. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE TARKWEATHER & SHEPLEY POLICIES BELOW. P. 0. BOX 549 COMIPANIES AFFORDING COVERAGE ROVIDENCE RI 02901-0549 COMPANY ANEW SA1ypSHIRE INSURANCE LETTER COMPANY B INSURED LETTER 0MESTEAD MARINE COMPANY C ERVICES, INC. LETTER 7APT. WILLIAM HICKS COMPANY D 1423 WOODPECKER STREET LETTER OMESTEAD, FL 33035 COMPANY E LETTER O<iVIJIA(sILS THIS IS TO C THAT THE POLICIES OpF INSUR^NCE c ISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD JEVRTIFY CERITCIFiCADTE MAYBE LSBUEDD OR MAY PERTN THE INS�tUJRMICE APRDED 8Y THECPOOUC ES DESCRIBHED fHE HTERMS H15 EXCLUSIONS AND CONDITIONS OF SUCH POUCHES. UMtTS SHOWN HFREIN�S SUBITEHCTIOPALL MAY HAVE BEEN REDUCED BY PAID CLAIMS TYPE o► INIwRANc[ ►Duct NUMBERLIMITS POLICY EP1rECTIVE POLICY EXPIRATIOM TRDATE IMM/pDrYT) DATE IMM/ppfYY) GENERAL LIABILITY OENERAL AWREOATE f OMMCRCIAL GBNGRAL LIABILITY PRODUCTS-COMP/OP AGG. I PERSONAL ! ADV. INJURY f LAWS MADE 71OCCUR. OWNER'S A CONTRACTOR'S PROT. EACH OCCURRENCE S PIRE DAMAGE (Any ow Fay S mitabAr. IAnT am PITIOOI I AUTOMOBILE LIABILITY COMBINED SINGLE ANY AUTO LIMIT f BODILY INJURY ALL OWNED AUTOS SCHEDULED AUTOS (Per anon) f BODILY INJURY HIREDAUTOS NON.OWNLDALTOS (Peracklm) f GARAGE LIABILITY PROPERTY DAMAGE S EXCESS LIABILITY EACH OCCURRENCE 3 UMBRELLA FORM AWRRCATE i UTHGR THAN UMBRELLA FORM WORREII'S COMPENSATION STATUTORY LIMITS EACH ACCIDENT 4ND S OISEASE•POLJCY LIMIT f LMPLOTlEE' LIABILITY DISEASE -EACH VMPI.OYF.F- S PL —91PROTECTION AND CV3030352-3713 0/27/97 0/27/98 $500,000 INDEMNITY U%KKI/TION OF OIERATIO14WLDCATIOf4WVUUCLE3/3r[CIAL ITEM* ERTIFICATE HOLDER LISTED BELOW IS NAMED AS ADDITIONAL INSURED AS RESPECTS: VESSELS: LITTLE JOE AND BARGE Cm CIoICAlm tlQLI)8R CANCRK"13ON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MONROE COUNTY BOARD MAIL 3__ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE OF COMMISSIONERS LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY HIND UPON THEY, ITS AGENTS OR REPRESENTATIVES FL 33035 s �iP Ina A(7DRI? 25.3 i1140) wChtth rrsBJMfQ•nnlr / 10/29/1997 00:05 305-242-9986 HOMESTEAD MARINE PAGE 01 C ' STARKWEATHER & SHEPLEY, INC. INSURANCE October 27, 1997 Capt. Bill Hicks Homestead Marine Services, Inc. 1423 Woodpecker Street Homestead, FL 33035 RE: Policy CV3030352-3713 Dear Capt. Hicks: Welcome to Starkweather & Shepely, Inc. Enclosed please find the following Policies: o C-PORT Policy effective 10/27/97 to 10/27/98 with the New Hampshire Insurance Company; o General Liability Policy effective 10/27/97 to 10/27/98 with the New Hampshire Insurance Company; o Pollution Liability Binder effective 10/27/97 to 01/28/98 with the Environmental Pollution Group. Please review your coverages carefully, and if you should have any questions, please do not hesitate to call. Thank you for giving our agency the opportunity to work for you. Sincerely, f � Stacey L. Nye Customer Service Rep. .YO o *ABB!RD!�A,-,"I"We 60CATAMORE BLVD. - EAST PROVIDENCE, RI 02914-1226 - TEL: 401-435.3600 - FAX: 401-438-0150 MAILINO ADDRESS: P.O. BOX 549 - PROVIDENCE, RI 02901-0549 10/29/1997 00:05 305-242-9986 HOMESTEAD MARINE PAGE 03 1996 Edition INS( RANRANCE A G _NTC STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY C\w-,f))5a - 11) sXQa`i 4 � �o DEDUCTIBLES bi `a aD 9 Vc / Liability policies are Ix Occurrence — Claims h4ade STARKWEATHER & SHEPLEY, INC. ''_O. BOX 549 t �'OVIDENCE._R. I. t]290t�1ra Insurance Agency igna e I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Bidder INSCKLST Adminimnlion InstrUttion 047092 Signature 10/29/1997 00:10 305-242-9986 HOMESTEAD MARINE PAGE 01 10/29/1997 00:10 305-242-9986 HOMESTEAD MARINE PAGE 02 DATE f INSURANCE BINDER PAGE 3 10/27/97 ME AND ADD1 m 01 AQENCY DrEu>tAncE cumrmy TABOX 549 & SHEPLEY 0. ENVIRONMENTAL, POLLUTION BOX 54AVE OCEAN ZOVIDENCE R1 U2901-0549 514 514OCEANA NY 21758 AOMY CODE %K9 AND MAIUNG AODa!<p lOUCY NU�IER IOMESTEAD MARINE MACY TYPE ERVICES, INC. 0102484110 C-PORT PROGRAM APT. WILLIAM HICKS 10 27 97 To O1 28/98 423 WOODPECKER STRRRT OMESTEAD FL 33035 A N U S C R I P T C O V E R A G E ITIONS per the Limited U.S. Oil Pollution Insurance Policy (11/90), ncluding fines and penalties ae covered under the Oil Pollution Act of 990. Coverage is to be limited to Sot, after a $500 d/a of any fine or enalty amount levied - Underwriters limit of liability hereunder as espects such fines and penalties at no time to exceed $5,000 each nclue,LG and $15,000 in the aggregate any one Assured. netitute Radioactive Contamination Exclusion Clause, CL 356. ancelment Notice Clause 'B' Reg. 856010 in respect to individual declarations. RPG to receive immediate notification upon discovery of pollution incident. Service of Suit Clause CL 355. Including Endorsement No. 1 to the Limited U.S. (11/90) . Oil Pollution Policy, London [ncluding CERCLA Endorsement No. 2 to the Limited U.S. Oil Pollution Policy, .ondon (11/90). CURING TUGS WHICH TOW OIL/CHEMICAL BARGES. HOWEVER, IT IS HEREBY NOTED AGREED THAT WHERE AN INSURED VESSEL IS UTILIZED FOR THE TOWAGE OR ISTANCE OF A LOADED OIL OR CHEMICAL BARGE AS AN INCIDENTAL PART OF HIS RATION, COVERAGE IS GRANTED HEREUNDER SUBJECT TO PRIOR ADVISE TO ERWRITERS WITH ADDITIONAL PREMIUM AND DEDUCTIBLE AS REQUIRED. KIUM 79.00 per Outboard vessel / $158.00 per Inboard vessel 1s exceeding $150,000 in value and/or 25 GRT will be underwritten ately and must be submitted for quote. UGNATIIDE Or AMPIC UMD A9MUMEN7ATIVE 10/29/1997 00:10 305-242-9986 HOMESTEAD MARINE PAGE 04 DAT: PAGE 5 INSURANCE BINDER 10/27/97 s AND ARORUN Or AGW#CT � P"URAws COMPANY rARKWEA77= & SHEPLEY . 0. BOX 549 KOVIDENCE RI 02901-0549 ENVIRONMENTAL 514 OCEAN AVE MASSAPEQUA NY CONDITIONS POLLUTION 11758 HIS COMPANY BINDS THE KINDS) OF INSURANCE STIPULATED ABOVE. THIS INSUR- NCE IS SUBJECT TO THE TERMS, CONDITIONS AND LIMITATIONS OF THE POLICY(IES) N CURRENT USE BY THE COMPANY. HIS BINDER MAY BE CANCELLED BY THE INSURED BY SURRENDER OF THIS BINDER OR Y WRITTEN NOTICE TO THE COMPANY STATING WHEN CANCELLATION WILL BE EFFECTIVE. HIS BINDER MAY BE CANCELLED BY THE COMPANY BY NOTICE TO THE INSURED IN AC- ORDANCE WITH THE POLICY CONDITIONS. THIS BINDER IS CANCELLED WHEN REPLACED Y A POLICY. IF THIS BINDER IS NOT REPLACED BY A POLICY, THE COMPANY IS EN- ITLED TO CHARGE A PREMIUM FOR THE BINDER ACCORDING TO THE RULES AND RATES N USE BY THE COMPANY. APPLICABLE IN NEVADA NY PERSON WHO REFUSES TO ACCEPT A BINDER WHICH PROVIDES COVERAGE OF LESS HAN $1,000,000.00 WHEN PROOF IS REQUIRED: (A) SHALL BE FINED NOT MORE THAN 500.00, AND (B) IS LIABLE TO THE PARTY PRESENTING THE BINDER AS PROOF OF NSURANCE FOR ACTUAL DAMAGES SUSTAINED THEREFROM. NON -COLLUSION el~l�lnn�i�r of the city of���� according to law on m oath, , and under penalty of pedury, depose and say that; 1) 1 amc�/�✓��E— Proposal for the Apro described as follows: ,the bidder making the 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 bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5) The statements contained In this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. STATE OF ignature of Bidder) COUNTY OF J/ �o�` DATE PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, first being sworn by me, ( individual signing) affixed his/her signature in her pace provided above on this nama of ��'% day of cz,) eAl`� l e7-r / 19 NOTARY PUBLIC My commission expires: OMU - MCP FORM #1 Gloila K. McGee s MY CMUSSION A CC5293N EXPIRES a: March 24, 1999 BONDED 1NRU TAOY FAIN INSURANCE. INC. DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispens- ing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. eidder's Signature /c ' Date MCP#5 REV. 6/91 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE 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, 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. (signature) Date: /U z 1-'— ? 7 STATE OF / of �f COUNTY OF ""4w --- PERSONALLY APPEARED BEFORE ME, the undersigned authority, ►�y ' �� �� C ��� who, after first being sworn by me, affixed his/her ---rltsignature (name of individual signing) in the space provided above on this I- of t�e-` 19 NOTARY PUBLIC My commission expires: `=My COMWSSION N =2M EXPIRES MCP#4 Mamh24.IM Rt ;j5 &WMD neiu nW FA. MI6URMlCE, , ' A icDEF PRODUCER rARKWEATHER & SHEPLEY . 0. BOX 549 ROVIDENCE RI 02901-0549 INSURED IOMESTEAD MARINE >ERVICES, INC. !APT. WILLIAM HICKS .423 WOODPECKER STREET IOMESTEAD, FL 33035 ,TR TYPE OF INSURANCE GENERAL LIABILITY OMMERCIAL GENERAL LIABILITY LAIMS MADE OCCUR. OWNER'S do CONTRACTOR'S PROT. AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY OTHEIPROTECTION AND INDEMNITY U tS U>Q.t ISSUE DATE (MM/DD/YY) 10 27 97 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A NEW HAMPSHIRE INSURANCE LETTER COMPANY B LETTER COMPANY C LETTER COMPANY D + LETTER 9l o COMPANY E LETTER POLICY NUMBER POLICY EFFECTIVE ATE (MM/DD/YY) POLICY EXPIRATI DATE (MM/DD/YY) LIMITS GENERAL AGGREGATE I PRODUCTS-COMP/OP AGG. I PERSONAL do ADV. INJURY S EACH OCCURRENCE S FIRE DAMAGE (Anyone fire) S MED.EXP. (Anyone person) S COMBINED SINGLE APPROV BY SK GE 1ENT LIMIT S BODILY INJURY BY (Per Person) S BODILY INJURY (Per accident) : DATE PROPERTY DAMAGE WAIVER: N/A s EACH OCCURRENCE s STATUTORY LIMITS EACH ACCIDENT 5,,,,.... ............. DISEASE -POLICY LIMIT S DISEASE -EACH EMPLOYEE S $500,000 J _ DESCRIPTION OF OPERATIONS/I.00AT/0NS/VEHICLFS/SPECIAL ITEMS -ERTIFICATE HOLDER LISTED BELOW IS NAMED AS ADDITIONAL INSURED AS RESPECTS: TESSELS: LITTLE JOE AND BARGE CV3030352-3713 f0/27/97 0/27/98 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 1 ()_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE CgMPA�Y, ITS AGENTS OR REPRESENTATIVES. z T ' '&SMPL , In� A�tomq� ACORD CORPORAT