Item I05BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 16, 2011 Division: Growth Management
Bulk Item: Yes X No _ Department: Planning & Environmental Resources
Staff Contact Person/Phone #: Rich Jones /289 -2805
AGENDA ITEM WORDING: Approval of contract extension with Upper Keys Marine
Construction, Inc. to provide derelict vessel and marine debris removal services for an additional two
years.
ITEM BACKGROUND: The Board approved a three year contract for derelict vessel and marine
debris removal with Upper Keys Marine Construction, Inc. on April 16, 2008 which is due to expire on
March 18, 2011. The contract provides for a two year extension. It is anticipated that the cost will be
approximately $60,000 per year, depending on the amount of work.
PREVIOUS RELEVANT BOCC ACTION:
April 2008- Approval of contract with Upper Keys Marine Construction, Inc.
CONTRACT /AGREEMENT CHANGES:
Two year extension
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: Approx. $60,000 /yr INDIRECT COST: BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: 0 SOURCE OF FUNDS: BIF fund 157
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty X /Purch�s'ng X Risk Management X
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Upper Keys Marine Cons Contract #
Effective Date: 3/19/11
Expiration Date: 3/18/13
Contract Purpose/Description:
Approval of contract extension with Upper Keys Marine Construction, Inc. to provide
derelict vessel and marine debris removal services for an additional two years.
Contract Manager: Richard Jones 2805 Planning & Env. Resources /11
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 2/16/2011 Agenda Deadline: 2/1/2011
CONTRACT COSTS
Total Dollar Value of Contract: $ — 120,000 Current Year Portion: $ — 60,000
Budgeted? Yes® No ❑ Account Codes: 157- 62520 - 530340 -
Grant: $ - - - -
County Match: $ - - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg. maintenance,
utilities, janitorial, salaries, etc.
CONTRACT REVIEW
I Comments:
Date Out
1
OMB Form Revised 2/27/01 MCP #2
AMENDMENT TO CONTRACT
BETWEEN UPPER KEYS MARINE CONSTRUCTION, INC.
AND MONROE COUNTY, FLORIDA
THIS AMENDMENT TO CONTRACT is made and entered into this 16th day of
February, 2011 between Monroe County Board of County Commissioners (hereinafter "COUNTY"
or "BOCC ") and Upper Keys Marine Construction, Inc.
WITNESSETH:
WHEREAS, the parties entered into a non - exclusive Contract (Contract) on April 16, 2008
for the removal and disposal of vessels and marine debris; and
WHEREAS, the Contract terminates on March 18, 2011; and
WHEREAS, Section 3 of the Contract allows for one additional two year term upon mutual
agreement of the parties; and
WHEREAS, it is deemed in the best interest for the health, safety, and welfare of the
citizens of Monroe County and the general public to extend this Contract in order to remove and
dispose of vessels and marine debris;
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein the
parties agree to as follows:
1. The Contract shall be extended for the period March 19, 2011 through March 18, 2013.
2. The remaining provisions of the Contract dated April 16, 2008, not inconsistent herewith,
remain in full force and effect.
Remainder of page intentionally left blank
Signature page to follow
IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year
first above written.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Deputy Clerk
M ESSES:
v
Print Name: �� s
2. lrUl;O �3
Mayor /Chairman
A C truc ' Inc.
Title:
Print Name: VJ r-\ Wou O 5
STATE OF !F,
COUNTY OF
On this k day of 2011, before me the person whose name is
subscribed above, and who produced as identification, acknowledged
that he /she is the person who executed the above Contract for the purposes therein contained.
Notary Public
Print Name
LISA GUY
My commission expires: state of Fr l
. • = My Comm. Expires Jun 29, 2014
Commission #r EE 2178
Bonded Through National Notary Assn.
MONROE COON ATTORNEY
APPRO 0 T FORM
�n
Date:
"1
MONROE COUNTY
CONTRACT FOR REMOVAL, REFLOATING AND /OR DEMOLITION
AND DISPOSAL OF DERELICT VESSELS AND MARINE DEBRIS
THIS CONTRACT is made and entered into this 16th day of April, 2008 , by
MONROE COUNTY ( "COUNTY"), a political subdivision of the State of Florida, whose
address is the Marathon Government Center, 2798 Overseas Highway, Marathon,
Florida, 33050, and Upper Ke s Marine Construction, Inc. ( "CONTRACTOR "), whose
address is P.O. Box 2790 Key Largo, FL 33037.
Section 1. SCOPE OF SERVICES
The CONTRACTOR shall do, perform and carry out in a professional and proper manner
the project including certain duties as described below.
Duties consist of retrieval, removal, refloating and /or demolition and disposal of marine
debris. This includes proper reclamation and disposal of associated hazardous waste
and cooperation with law enforcement where needed to properly preserve evidence
using photographs and other methods of preservation as directed by law enforcement.
The project will be made up of individual jobs authorized by task order consisting of
retrieval, removal, demolition and disposal of a vessel(s) or marine debris located on the
land or in the waters of Monroe County, or adjacent thereto, as requested by the
COUNTY. The CONTRACTOR will be responsible for supervision of each job from
beginning to end including the scheduling, labor, monitoring, providing necessary
equipment and reporting progress to the County designee in the Marine Resources
Office.
When a derelict vessel or debris is identified, the COUNTY will contact
CONTRACTOR(s) in the applicable geographic area and provide the details of the job;
details shall include, but not be limited to the location of the job, the nature of the debris,
the size of the vessel, whether the vessel is constructed of wood, fiberglass, concrete,
metal, and whether any hazardous materials are known to be aboard. The
CONTRACTOR will then contact the COUNTY in writing with a price for the cost of the
job, and the time in which the CONTRACTOR is able to respond, a description of the job
and the time needed to complete the job. The COUNTY will promptly choose a
CONTRACTOR and assign the particular job. At no time will any CONTRACTOR be
authorized to undertake a job without the express authorization of the COUNTY, in the
form of a Task Order. In the event of an emergency job, such as a fuel leak or hazard to
navigation, the CONTRACTOR will provide a quote via e-mail as soon as possible, and
the COUNTY may choose a CONTRACTOR the same day as the pricing request in
order to expedite the job. COUNTY has complete discretion and authority to select the
particular CONTRACTOR for each task.
The CONTRACTOR will provide all necessary and adequate equipment to complete the
task including vessels, vehicles, personnel and protective equipment. The
CONTRACTOR will provide all materials needed to accomplish the assigned job,
including necessary equipment for proper handling of hazardous materials and will
strictly adhere to all precautionary and safety requirements. CONTRACTORS shall be
responsible for the job site at all times during the work.
CONTRACTORS are required to have active licenses required to fulfill the requirements
of each particular job and are required to attach copies of any and all licenses, including
an occupational license as Exhibit °A° to this Contract.
The CONTRACTOR is required to be familiar with, and shall be responsible for,
complying with all federal, state, and local laws, ordinances, rules, and regulations that
in any manner affect the work and the marine environment. CONTRACTOR agrees to
immediately abide by the orders to stand down or stop work if advised to do so by any
county, state or federal agency. If required to stand down by any state or federal agency
the CONTRACTOR shall notify the COUNTY as soon as possible.
CONTRACTOR shall take photographs of all sides and interior of any vessel, the
contents of the vessel, any personal effects in the vessel and any unique or identifying
features of the vessel prior to any work on the vessel at the initial site and again at the
dump site prior to demolition. The CONTRACTOR shall not be required to take interior
photos of the vessel if, in the best judgment of its supervisor, it is not safe to do so.
Photographs should be property dated, the name and address of the person taking the
photographs, and a complete set of the photographs shall be provided to the COUNTY.
Photographs are considered to be an integral part of the work.
CONTRACTOR shall remain responsible for supervision of all employees and shall
ensure compliance with all applicable safety procedures. Any drinking of alcoholic
beverages before or during the job is strictly prohibited. Violation of safety procedures,
federal, state, and local laws, ordinances, rules, and regulations, or drinking of alcoholic
beverages before or during the job will constitute cause for immediate termination of the
contract.
Section 2. COUNTY'S RESPONSIBILITIES
COUNTY shall do the following:
2.1 Provide all available data and location as to the COUNTY'S requirements for
Task Order to the CONTRACTOR. Designate in writing a person with authority
to act on the COUNTY'S behalf on all matters concerning the Task Order.
2.2 Fumish to the CONTRACTOR all existing information pertinent to the work. The
CONTRACTOR may rely upon such information and services provided by the
COUNTY, with the understanding that the information may be changed at the
time the CONTRACTOR arrives on the scene of the work.
2.3 Approve a schedule that is mutually agreeable to the COUNTY and
CONTRACTOR.
Section 3. TERM OF CONTRACT
This Contract shall commence on April 16, 2008, and terminate on March 18, 2011,
unless terminated earlier under the terms of this Agreement. COUNTY and
CONTRACTOR shall have the option to renew this Agreement for one additional two
year term under the same terms and conditions as this contract, exercisable by mutual
agreement upon written notice given at least Thirty (30) days prior to the end of the initial
term.
The services to be rendered by the CONTRACTOR for each individual Task Order shall
be commenced upon written notice from the COUNTY and the work shall be completed
in accordance with the schedule mutually agreed to by the COUNTY and
CONTRACTOR, unless it shall be modified in a signed document, by the mutual consent
of the COUNTY and CONTRACTOR. Subsequent services shall be performed in
accordance with schedules of performance which shall be mutually agreed to by
COUNTY and CONTRACTOR. At no time shall the CONTRACTOR commence work
without written authority from the COUNTY.
Section 4. COMPENSATION
The compensation available to the CONTRACTOR under this agreement is to be
determined by the COUNTY on the basis of price quotations received from approved
CONTRACTORS, and the necessities of the individual job. CONTRACTOR is not
guaranteed any dollar amount pursuant to this contract.
The CONTRACTOR is responsible for evaluating the request for removal and
responding in writing with a quotation for the job, a description of the job, the time the
CONTRACTOR can begin the job and the time necessary to complete the job.
It will be the CONTRACTOR'S responsibility to pay any disposal fees at the transfer
station. CONTRACTOR shall include, in any quotation, the cost of disposal at an
approved dump site. CONTRACTOR shall be required to provide a receipt along with
any invoice for the work.
The billing rates of the CONTRACTOR for a particular job shall be determined and
agreed to by the CONTRACTOR and the COUNTY in a written Task Order prior to the
authorization to commence the work.
CONTRACTOR agrees that it will not be entitled to damages for delay of the completion
of the job from whatever cause. COUNTY may grant additional time to conclude a task,
if required.
Section 5. PAYMENT TO CONTRACTOR
5.1 Payment will be made according to the Local Government Prompt Payment Act.
Any request for payment must be in a form satisfactory to the County Clerk
(Clerk). The request must describe in detail the services performed, the payment
amount requested, and supporting documentation, including copies of receipts
from the transfer station.
5.2 Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the Board of County Commissioners.
Section 6. CONTRACT TERMINATION
Either party may terminate this contract because of the failure of the other party to
Perform its obligations under the Contract. COUNTY may terminate this contract for any
reason upon fifteen (15) days notice to the CONTRACTOR.
Section 7. AUTHORIZATION OF WORK ASSIGNMENTS, SUBCONTRACTORS
7.1 All assignments of work shall be authorized in a signed Task Order in
accordance with the COUNTY'S policy prior to any work being conducted by the
CONTRACTOR.
7.2 Additional authorizations may contain additional instructions or provisions specific
to the authorized work for the purpose of clarifying certain aspects of the work to
be undertaken. Such supplemental instruction or provisions shall not be
construed as a modification of this Agreement. Authorizations shall be dated,
numbered and clearly relate to the specific job assignment so that they can easily
be related to the specific assignment. Where available, the authorization shall
refer to the name of the vessel, and its location.
7.3 The CONTRACTOR shall not assign, or transfer any rights under or interest in
(including, but not without limitations, moneys that may become due or moneys
that are due) this agreement without the written consent of the County, except to
the extent that any assignment, subletting, or transfer is mandated by law or the
effect of this limitation may be restricted by law. Unless specifically stated to the
contrary in any written consent to any assignment, no assignment will release or
discharge the assignor from any duty or responsibility under this agreement.
CONTRACTOR may subcontract a particular Task Order or portion of a Task
Order only with the specific written consent of the COUNTY'S representative. If
subcontractors are approved it is the responsibility of CONTRACTOR to inform
the subcontractors that they must carry the same amount of insurance as the
CONTRACTOR. The CONTRACTOR shall provide the COUNTY with proof of
coverage before allowing a Subcontractor to do any work on the job.
Section S. NOTICES
All notices, requests and authorizations provided for herein shall be in a signed
document and shall be delivered or mailed to the addresses as follows:
To the COUNTY: Monroe County Board of County Commissioners
cto Monroe County Growth Management Division
2798 Overseas Highway, Suite 410
Marathon, Florida 33050
Attention: Division Director
To the CONTRACTOR: David DeBrule, President
Upper Keys Marine Construction, Inc.
P.O. Box 2790
Key Largo, FL 33037
However, if COUNTY requests a price quotation(s) from CONTRACTOR the request
and response may be done by fax or e-mail. Selection of CONTRACTOR by COUNTY
and the terms of the individual job may be done by e-mail but must be immediately
formalized in writing as a Task Order signed by the COUNTY prior to the
commencement of the work.
Any Notice of Termination may be done by e-mail but shall be immediately formalized in
writing by the party seeking Termination and sent to the other party by certified mail.
Section 9. RECORDS
CONTRACTOR shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the agreement
and for four years following the termination of this Agreement. If an auditor employed by
the COUNTY or Clerk determines that moneys paid to CONTRACTOR pursuant to this
Agreement were spent for purposes not authorized by this Agreement, the
CONTRACTOR shall repay the moneys together with interest calculated pursuant to
Sec. 55.03, FS, running from the date the moneys were paid to CONTRACTOR.
Section 10. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020-
1990
The CONTRACTOR warrants that it has not employed, retained or otherwise had act on
its behalf any former COUNTY officer or employee subject to the prohibition of Section 2
of Ordinance No. 010 -1990 or any COUNTY officer or employee in violation of Section 3
of Ordinance No. 020 -1990. For breach or violation of this provision the COUNTY may,
in its discretion, terminate this agreement without liability and may also, In its discretion,
deduct from the agreement or purchase price, or otherwise recover the full amount of
any fee, commission, percentage, gift, or consideration paid to the former COUNTY
officer or employee.
Section 11. CONVICTED VENDOR
A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract with a public entity
for the construction or repair of a public building or public work, may not perform work as
a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under contract with any
public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017 of the Florida Statutes, for Category two
for a period of 36 months from the date of being placed on the convicted vendor list.
Section 12, GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to contracts made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR
agree that venue shall lie in the appropriate court or before the appropriate
administrative body in Monroe County, Florida. Both parties waive their rights to a trial
by jury.
Section 13. SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof
to any circumstance or person) shall be declared invalid or unenforceable to any extent
by a court of competent jurisdiction, the remaining terms, covenants, conditions and
provisions of this Agreement, shall not be affected thereby; and each remaining term,
covenant, condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the
remaining terms, covenants, conditions and provisions of this Agreement would prevent
the accomplishment of the original intent of this Agreement. The COUNTY and
CONTRACTOR agree to reform the Agreement to replace any stricken provision with a
valid provision that comes as close as possible to the intent of the stricken provision.
Section 14. ATTORNEY'S FEES AND COSTS
The COUNTY and CONTRACTOR agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative - to the
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees, and court costs, as an award against the non - prevailing
party, and shall include attorney's fees, and court costs, in appellate proceedings.
Mediation proceedings initiated and conducted pursuant to this Agreement shall be in
accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the circuit court of Monroe County.
Section 15. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure
to the benefit of the COUNTY and CONTRACTOR and their respective legal
representatives, successors, and assigns.
Section 16. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law.
Section 17. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of each
of the parties. If no resolution can be agreed upon within 30 days after the first meet and
confer session, the issue or issues shall be discussed at a public meeting of the Board of
County Commissioners. If the issue or issues are still not resolved to the satisfaction of
the parties, then any party shall have the right to seek such relief or remedy as may be
provided by this Agreement or by Florida law. The parties agree that this Agreement is
Z subject to arbitration.
Section 18. COOPERATION
In the event any administrative or legal proceeding is instituted against either party
relating to the formation, execution, performance, or breach of this Agreement, COUNTY
and CONTRACTOR agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the
substance of this Agreement or provision of the services under this Agreement.
COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be
required to enter into any arbitration proceedings related to this Agreement.
Section 19. NONDISCRIMINATION
COUNTY and CONTRACTOR agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of competent
jurisdiction that discrimination has occurred, this Agreement automatically terminates
without any further action on the part of any party, effective the date of the court order.
COUNTY or CONTRACTOR agree to comply with all Federal and Florida statutes, and
all local ordinances, as applicable, relating to nondiscrimination. These include but are
not limited to: Title VII of the Civil Rights Act of 1964 (PL 88 -352) which prohibits
discrimination on the basis of race, color or national origin; Title IX of the Education
Amendment of 1972, as amended (20 USC ss. 1681 -1683, and 1685 - 1686), which
prohibits discrimination on the basis of sex; Section 504 of the Rehabilitation Act of
1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; The Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107)
which prohibits discrimination on the basis of age; The Drug Abuse Office and Treatment
Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of drug
abuse; The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on the
basis of alcohol abuse or alcoholism; The Public Health Service Act of 1912, ss. 523 and
527 (42 USC ss. 690dd -3 and 290ee -3), as amended, relating to confidentiality of
alcohol and drug abuse patent records; Title VIII of the Civil Rights Act of 1968 (42 USC
s. at seq.), as amended, relating to nondiscrimination in the sale, rental or financing of
housing; The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be
amended from time to time, relating to nondiscrimination on the basis of disability; Any
other nondiscrimination provisions in any Federal or state statutes which may apply to
the parties to, or the subject matter of, this Agreement.
Section 20. COVENANT OF NO INTEREST
COUNTY and CONTRACTOR covenant that neither presently has any interest, and
shall not acquire any interest, which would conflict in any manner or degree with its
performance under this Agreement, and that the only interest of each is to perform and
receive benefits as recited in this Agreement.
Section 21. CODE OF ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will be
required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation
or acceptance of gifts; doing business with one's agency; unauthorized compensation;
misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
Section 22. NO SOLICITATION /PAYMENT
The COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither
employed nor retained any company or person, other than a bona fide employee
working solely for it, to solicit or secure this Agreement and that it has not paid or agreed
to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for it, any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this Agreement.
For the breach or violation of the provision, the CONTRACTOR agrees that the
COUNTY shall have the right to terminate this Agreement without liability and, at its
discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
Section 23. PUBLIC ACCESS
The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters or other materials in its possession or under
its control subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the COUNTY and CONTRACTOR in conjunction with this Agreement; and
the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of
this provision by CONTRACTOR.
Section 24. NON - WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 788.28, Florida Statutes, the participation of the
COUNTY and the CONTRACTOR in this Agreement and the acquisition of any
commercial liability insurance coverage, self - insurance coverage, or local government
liability insurance pool coverage shall not be deemed a waiver of immunity to the extent
of liability coverage, nor shall any contract entered into by the COUNTY be required to
contain any provision for waiver.
Section 25. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and
rules and pensions and relief, disability, workers' compensation, and other benefits
which apply to the activity of officers, agents, or employees of any public agents or
employees of the COUNTY, when performing their respective functions under this
Agreement within the territorial limits of the COUNTY shall apply to the same degree and
extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the COUNTY.
Section 26. LEGAL OBLIGATIONS AND RESPONSIBILITIES
This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law
except to the extent of actual and timely performance thereof by any participating entity,
in which case the performance may be offered in satisfaction of the obligation or
responsibility. Further, this Agreement is not intended to, nor shall it be construed as,
authorizing the delegation of the constitutional or statutory duties of the COUNTY,
except to the extent permitted by the Florida constitution, state statute, and case law.
Section 27. NON- RELIANCE BY NON- PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third -party claim or entitlement to or
benefit of any service or program contemplated hereunder, and the COUNTY and the
CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent,
officer, or employee of either shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities, have
entitlements or benefits under this Agreement separate and apart, inferior to, or superior
to the community in general or for the purposes contemplated in this Agreement.
Section 28. ATTESTATIONS
CONTRACTOR agrees to execute such documents as the COUNTY may reasonably
require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -
Free Workplace Statement attached to this Contract as COMPOSITE EXHIBIT B.
Section 29. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of Monroe County shall
be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
Section 30. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by signing any
such counterpart.
Section 31. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this
Agreement and will not be used in the interpretation of any provision of this Agreement.
Section 32. INSURANCE POLICIES
Coverage shall be maintained throughout the entire term of the contract, failure to
maintain coverage shall be considered a valid reason for County to terminate this
Agreement.
Coverage shall be provided by a company or companies authorized to transact business
in the state of Florida.
If the CONTRACTOR has been approved by the Florida's Department of Labor as an
authorized self - insurer, the COUNTY shall recognize and honor the CONTRACTOR'S
status. The CONTRACTOR may be required to submit a Letter of Authorization issued
by the Department of Labor and a Certificate of Insurance, providing details on the
CONTRACTOR'S Excess Insurance Program.
If the CONTRACTOR participates in a self - insurance fund, a Certificate of Insurance will
be required. In addition, the CONTRACTOR may be required to submit updated
financial statements from the fund upon request from the County.
32.1 General Insurance Requirements for Other CONTRACTORS and Subcontractors
As a pre - requisite of the work governed, or the goods supplied under this contract
(including the pre - staging of personnel and material), the CONTRACTOR shall obtain, at
his/her own expense, insurance as specified in the attached schedules, which are made
part of this contract. The CONTRACTOR shall require all subcontractors to obtain
insurance consistent with the attached schedules.
The CONTRACTOR will not be permitted to commence work governed by this contract
(including pre- staging of personnel and material) until satisfactory evidence of the
required insurance has been furnished to the COUNTY as specified below, and where
applicable CONTRACTOR shall provide proof of insurance for all approved
subcontractors. Delays in the commencement of work, resulting from the failure of the
CONTRACTOR to provide satisfactory evidence of the required insurance, shall not
extend deadlines specified in this contract and any penalties and failure to perform
assessments shall be imposed as if the work commenced on the specified date and
time, except for the CONTRACTOR'S failure to provide satisfactory evidence.
The CONTRACTOR shall maintain the required insurance throughout the entire term of
this contract and any extensions specified in the attached schedules. Failure to comply
with this provision may result in the immediate suspension of all work until the required
insurance has been reinstated or replaced. Delays in the completion of work resulting
from the failure of the CONTRACTOR to maintain the required insurance shall not
extend deadlines specked in this contract and any penalties and failure to perform
assessments shall be imposed as if the work had not been suspended, except for the
CONTRACTOR'S failure to maintain the required insurance.
The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the
required insurance, either:
• Certificate of Insurance
or
• A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all
insurance policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non - renewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior
notification is given to the County by the insurer.
The acceptance and/or approval of the CONTRACTOR'S insurance shall not be
construed as relieving the CONTRACTOR from any liability or obligation assumed under
this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation.
32.2 GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT
BETWEEN COUNTY AND CONTRACTOR
Prior to the commencement of work governed by this contract, the CONTRACTOR shall
obtain General Liability Insurance. Coverage shall be maintained throughout the life of
the contract and include, as a minimum:
• Premises Operations
• Bodily Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made
policy, its provisions should include coverage for claims filed on or after the effective
date of this contract. In addition, the period for which claims may be reported should
extend for a minimum of twelve (12) months following the acceptance of work by the
County.
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
32.3 VEHICLE LIABILITY INSURANCE REQUIREMENTS
Recognizing that the work governed by this contract requires the use of vehicles, the
CONTRACTOR, prior to the commencement of work, shall obtain Vehicle Liability
Insurance. Coverage shall be maintained throughout the life of the contract and include,
as a minimum, liability coverage for:
• Owned, Non - Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
32.4 WORKERS' COMPENSATION INSURANCE REQUIREMENTS
Prior to commencement of work governed by this contract, the CONTRACTOR shall
obtain Workers' Compensation Insurance with limits sufficient to respond to the
applicable state statutes.
In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with limits of
not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business
in the state of Florida.
If the CONTRACTOR has been approved by the Florida's Department of Labor as an
authorized self - insurer, the COUNTY shall recognize and honor the CONTRACTOR'S
status. The CONTRACTOR may be required to submit a Letter of Authorization issued
by the Department of Labor and a Certificate of Insurance, providing details on the
CONTRACTOR'S Excess Insurance Program.
If the CONTRACTOR participates in a self - insurance fund, a Certificate of Insurance will
be required. In addition, the CONTRACTOR may be required to submit updated
financial statements from the fund upon request from the County.
32.5 ADDITIONAL INSURANCE
A) Prior to commencement of work govemed by this contract, the
CONTRACTOR shall obtain Jones Act and /or Longshoremen and Harbor Workers
Compensation Insurance with limits sufficient to respond to the applicable state and /or
Federal statutes.
B) Pollution Coverage with minimum limits of $1,000,000.
Section 33. INDEMNIFICATION
The CONTRACTOR does hereby consent and agree to indemnify and hold harmless the
COUNTY, its Mayor, the Board of County Commissioners, appointed Boards and
Commissions, Officers, and the Employees, and any other agents, individually and
collectively, from all fines, suits, claims, demands, actions, costs, obligations, attorneys
fees, or liability of any kind arising out of the sole negligent actions of the
CONTRACTOR or substantial and unnecessary delay caused by the willful
nonperformance of the CONTRACTOR and shall be solely responsible and answerable
for any and all accidents or injuries to persons or property arising out of its performance
of this contract, including those of any subcontractors. The amount and type of
insurance coverage requirements set forth hereunder shall in no way be construed as
limiting the scope of indemnity set forth in this paragraph. Further the CONTRACTOR
agrees to defend and pay all legal costs attendant to acts attributable to the sole
negligent act of the CONTRACTOR, or his subcontractor.
At all times and for all purposes hereunder, the CONTRACTOR is an independent
contractor and not an employee of the Board of County Commissioners. No statement
contained in this agreement shall be construed so as to find the CONTRACTOR or any
of his /her employees, subcontractors, servants or agents to be employees of the Board
of County Commissioners for Monroe County. As an independent CONTRACTOR the
CONTRACTOR shall provide independent, professional judgment and comply with all
federal, state, and local statutes, ordinances, rules and regulations applicable to the
services to be provided.
The CONTRACTOR shall be responsible for the completeness and accuracy of its work,
plan, supporting data, and other documents prepared or compiled under its obligation for
this project, and shall correct at its expense all significant errors or omissions therein
which may be disclosed. The cost of the work necessary to correct those errors
attributable to the CONTRACTOR and any damage incurred by the COUNTY as a result
of additional costs caused by such errors shall be chargeable to the CONTRACTOR.
This provision shall not apply to any maps, official records, contracts, or other data that
may be provided by the COUNTY or other public or semi - public agencies.
The CONTRACTOR agrees that no charges or claims for damages shall be made by it
for any delays or hindrances attributable to the COUNTY during the progress of any
portion of the services specified in this contract. Such delays or hindrances, if any, shall
be compensated for by the COUNTY by an extension of time for a reasonable period for
the CONTRACTOR to complete the work schedule. Such an agreement shall be made
between the parties.
In Wffiftss Whereof, the parties have executed this contract as indicated below.
BOARD OF COUNTY COMMISSIONERS
*OLHAGE. CLEAR MONROE CO
Deputy Cle Charles "Sonny" cCoy , Mayor
O r
Secretary
Print Name
Or Two Witnesses
Z UPPE EY ARINE NSTRUCTION,
INC.
Print Title and Name' 1� tO/14 � S
Date: _ �A - q y
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COMPOSITE EXHIBIT B
Required Forms:
Public Entity Crime Statement
Ethics Statement
Drug -Free Workplace Statement
Insurance Documentation
PUBLIC ENTITY CRIME STATEMENT
dh "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 cons or repair
of a public building or public work, may plot submit bids on leases of real property to public entily,
may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or
CONTRACTOR under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY
TWO for a period of 36 months fro the date of being placed an the convicted vendor Ilk"
I have read the above and state t it
hat neher ear I - U s Caost. Iac (Respondent's name)
nor any Affiliate has been placed on the convicted vendor list within the last 36 months.
FA 0"Wi
Date: Am7+ 31, 2008
STATE OF: Florida
COUNTY OF: mmm
Subscribed and swom to (or affirmed) before me on
J=0Wy 31, 2008
(date) by Dav I. DeBrale (name of affiant). He/She is
4i;� to me or'has produced
wqry� RRA HARVEY
?p y s NotaY pubft o f blid0
f commb*m * 00 313600
�� Y" Bonded By NoNa d Nokmy Arp►
(type of identification} as
USA
My Commission Expires:
-29-
LOBBYING AND CONFLICT OF INTER-EST CLAUSE
u
G
SWORN STATEMENT UNDER ORDINANCE NO. 0104990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
° UPPER KEYS MARINE CONSTRUCTION, INC. °
(Company)
° ... warrants that hard has not employed, retained or otherwise had act on his/her behalf any
former County officer or employee in violation of Section 2 of Ordinance No. 010 -1990 or any
County officer or employee in violation of Section 3 of Ordinance No. 0104990. For breach or
violation of this provision the County may, in its discretion, terminate this Agreement without
liability and may also, in its discretion, deduct from the Agreement or purchase price, or
otherwise recover, the full amount of any fee, commission, percentage, gilt, or consideration paid
to the fwner County offioer or employee.
46 &4
, qW at krey'
Date: January 31, 2008
STATE OF: F1oda
COUNTY OF: Mom=
Subscribed and sworn to (or affinrred) before me on
January 31,2W8
(date) by David L DeBmle (name of a ffiant). He/She is
ri� knoywl me or has produced
(type of identification) as identification.
NOTARY PUBLIC
it
,,,..»•. NA
worrv�r
�f :••� '�,,. Pubec - stall of florldo
• �Yp►corr*,�idor� ewe. Na►►s, uod
=s �{ commWlon � oo a� seoo
e�,d�e�►rano�aworo.,►ao,
My Commission Expires: C�ta
-26-
NON - COLLUSION AFFIDAVIT
L David L Dd uta of the city of Key Largo according to law on
my oath, and under penalty of perjury, depose and say that
1. I am ftuidM of the firm of
UPPER KEYS MARINE CONSTRUCTION INC. the bidder making the
Proposal for the project described in the Request for Proposals for
R WaL Rdkovs mdlm noo d*m Wd D"wd 9rnft" vimb and that I executed the said
proposal with full authority to do so;
2. the prices in this bid have been arrived at Independently without collusion,
consultation, communion or agreement for the propose of ", estricting
competition, as to any matter relating to such prices with any other bkIder or with
any
3. unless otherwise required by taw, the prices which have been quoted in this bid
h ave riot been knowingly disdosed by the bidder and will not knowingly be
disclosed b y the openin
prior to bid g, directly or indirectly, to any other
bidder ors 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
of restricting competition;
5. the statements contained in this affidavit are true and correct, and made wkh ful
knowledge that Monroe County relies upon the truth of the statements cortained In
this affidavit in awarding contracts for said project.
nat
Date: j�nM 31, 2008
STATE OF:
COUNTY OF: Mamw
Subscribed and sworn to (or affimrod) before me on
January 31, 2008
(date) by David L DeBmk (name of affiant). He/She is
rta me or has produced
NN
Rpm tki�
NOM PubYc . Sfat of FRUM
� c s oo arseoo
''!,°:..�•`° Bw�d9d By NaWna1 NolW A
(type of identification) as ideracation.
NOTARY UBLIC
-27-
My Commission Expires: XCW Or
DRUG -FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that
it UPPER KEYS MARINE CONSTRUCTION, INC.
(Name of Business) -
El
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, 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' policy
of maintaining a drug -free workplace, any available drug counseling, rehabilitaft% 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 staterrxert 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 wIQ
abide by the terms of the statement and will notify the employer of any conviction of, or
pies of guilty or noio corrtenderrs to, any violation of Chapter 893 (Florida Statutes) or of
any controlled she law of the United States or any state, for a violation occurring in
the workplace no later than fire (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation In a drug abuse assistance
or rehabilitation program N 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
irnrplemerit of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above regiirements.
OZ
gnature
Date: Janywy 31, 2008
STATE OF: Florida
COUNTY OF: Macaw
Subscribed and swom to (or affirmed) before me on
J==y 31, 2008
(date) by David z Deanne (name of affiant). He/She is
personally known to me or has produced
(type of identification) as identificatim.
-28-
•
THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA
13889
PENNSYLVANI
r
( W 0 0 13 FOR COMPLETE NAME)
KEY LARD , FL 33037 -0000
SEE NAME AND ADDRESS SCHEDULE - WC990610
96184 - 0000 W 295 -81 -03
-------- 013 -82- 0407 -00
Member Companies of
American International Group
EXECUTIVE OFFICES:
70 PINE STREET, NEW YORK ICY. 10270
INTERNATIONAL SPECIAL RISKS INC.
WORKERS COMPENSATION AND EMPLOYERS PO BOX 23160
LIABILITY POLICY INFORMATION PAGE IRICHMONO, VA 23223 -0000
ITEM = POLICY Pta1WD IM A.M. s tandard UM at the bleulad�s
w4 address Film 04 /01/07
To 04/01/08
104 3 A. Workers Compensation Insurance: Part One of the policy applies to the Workers Compensation Law of the stabs now
hem
FL
cmpwyers uaourry Insurance: rat Two of the Policy OPPOU to the work in each state listed In Item B A.
The limits of our liability under Pert Two we Bodily injury by Accident = 100.000 each accidatt
Bodily Injury by Disi _ 500.000 POW Iw*
Bodily Injury by Disease V 100,000 each wn
—. •••-- ww"M .w:aFanum r.R Inree m um Porwy a ppnes to tee states. If any. listed -hers:
AK AL AR AZ CA CO CT DC DE GA H1 IA ID IL IN KS KY LA MA MD ME Al AN MO MS AT NC NE NH
NJ MR NV _NY O K OR PA RI SC SD_TN VA VT WI
REM • The prerniutn for this policy will be daterminad by our Manuals of Rules. Classifications, Rates and Rating Pints.
All IMormsoon squired team Is subject to varifhatlon and ehenim by audit.
Etu+nata4 Toth Raft Per tietbneted
Code Nwnbor n ^ 81100 of Aw ,�, PI
IAI Aweu.l 11 V— 1eY11erMteO M ._ M .._
SEE EXTENSION OF INFORMATION PAGE - WC7754
E X PRIM CONS IEXCEPT _ APPLICABLE
"INN S1,000
R 1661te(ea a610M1. 1611611- @QW6 111eMt Of PMff"M 611111 be 61ede:
Seml- Annually [] aY6,M,h, ❑ me-*
t
"Inn" SEE ATTACHED FORM SCHEDULE -
TMAL EsTINATIM PINIMN
DOM PFAMM
U4/09/07 PARSIPPANY S2
Issas Dote hmfto 01
991167
wt: 00 00 01
FORMS SCHEDULE
POLICY ENDORSEMENT SCHEDULE
Policy. Number: WC 295 -81 -03 Effective Date: 04/01/2007
FORTRSM
WCOOO106A
WC000308
WCO0006A
WC000414
WCOFAC
WC09O606
78O52D
WC000419
WC090303
WC090401
WCO9O403
WC990903
WC990911
WC990013
LWNMANU001
WC990610
f
V-.A
FOREIGN TERRORISM POLHOLOR NOT -PREM DTMN
LONGSHORE AND HARBOR WC ACT COVERAGE
PARTNERS, OFFICERS, AND OTHERS EXCLUSION
PREMIUM DISCOUNT ENDORSEMENT
NOTIFICATION OF CHANGE IN OWNERSHIP ENDT
NOTICE REG OFFICE OF FOREIGN ASSET CTRL
FL EMPLOYMENT AND WAGE INFO RELEASE ENDT
PRIVACY POLICY
PREMIUM DUE DATE ENDORSEMENT
FLORIDA EMPLOYERS LIABILITY COVERAGE END
FL CONTRACTING PREM ADJUST ENDT
FL TERRORISM RISK INSURANCE EXT ACT ENDT
FL CANCELLATION AND NONRENEWAL ENDT
FLORIDA ADDENDUM TO THE DECLARATIONS
FIRST NAMED INSURED ENDORSEMENT
MANUSCRIPT ENDORSEMENT
NAMED INSUREDS /ADDRESSES
WC 88 0812
(Ed- 1AM
Page 1 of 1
STANDARD WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY EXTENSION FORM
WC 295 -81-03 FLORIDA 094881250
Policy Prefix & No. _ Schedule INTIWIndependent Stab Rbk W
013- 82-0407 -00 JTD CONTRACTING, INC.
Entries In this horn, asse W
Pt as aoNbalhr provided elsewhere In this tmky,
do not modify any M the other provisions of this policy.
Cods
No.
Estimated Totes
Annual Mmunerston
Per $100 of
Famunsrstion
Estimated
Annual Pmniums
RATING GROUP: 0001 -01
CONCRETE CONSTRUCTION NOC
3213
8,52
18.38
1,567
CONCRETE CONSTRUCTION NOC
5213F
87
42.46
372
CONCRETE OR CEMENT WORK - FLOORS,
5221
3,70
8.91
330
DRIVEWAYS, YARDS OR SIDEWALKS b DRIVERS
CARPENTRY NOC
5403
34.56
18.25
6,308.
CARPENTRY NOC
0
5403F
15,05
42.16
6,346
CONTRACTOR- EXECUTIVE SUPERVISOR OR
5606
125,261
3.41
4,271
CONSTRUCTION SUPERINTENDENT
MARINE PILE DRIVING, DOCK b SEAWALL,
6006
2,10
28.48
600
JETTY OR BREAKWATER, DIKE OR REVETMENT
CONSTRUCTION -ALL OPERATIONS TO COMPLETION b
DRIVERS
EXCAVATION b DRIVERS
6217
95,231
9.33
8,885
DRIVERS, CHAUFFEURS AND THEIR HELPERS
7380
15,240
8.74
.1,332
NOC - COMMERCIAL.
TRUCTION OR ERECTION PERMANENT YARD.
8227
64,101
8.22
5,270
ICAL OFFICE EMPLOYEES NOC.
8810
33',27C
0.48
166
STATE OF FLORIDA TOTALS
TOTAL CLASSIFICATION PREMIUM
35,441
TOTAL UNMODIFIED PREMIUM
35.441
EXPERIENCE PREMIUM (ACTUAL) 0.980
9898
_ 709
MODIFIED STANDARD PREMIUM
34.732
UNDISCOUNTED PREMIUM
34.732
PREMIUM DISCOUNT - 6-501
oo63
_2,256
DISCOUNTED PREMIUM
32,474
EXPENSE CONSTANT
0900
200
FOREIGN TERRORISM (TRIA) 0-045
9740
179
TOTAL ESTIMATED PREMIUM
32.879
TOTAL DUE
32.853
EXPERIENCE RATING MODIFICATION re 0.98
t
WC 7754 (Ed. 4-81) See Name and Address Schedule - WC990610
Policy Number 05J1-190033
Renewal of Number. PXMC- 850714
Item 2 Policy Period: From: February 9, 2007 To: February 9, 2008
At 12:01 AM Standard Time at the Mailing Address Shown Above
4 Item S.
MARINE COMPREHENSIVE LIABILITY
COVERAGE PART DECLARATIONS
PLEASE REVIEW THIS SINI)EPUPOLICY
CAAEFULLY AS THE COVERAGE,
TERMS AND CONDITIONS MAY
VARY FROM THOSE INITIALLY
REQUESTED I�1 YoLIR SU13% 8S
4r.-A
One Beacon
I N S U R A N C B
Oneftmn Ineuranoe Company
A member of the one8eaoon insurwice Gnxip
IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS
POLICY WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY.
Item 1. Named Insured and Mailing Address: Agent Name and Address:
JTD Contracting, Inc. dbe Butler, Buckley, Deets, Inc.
Upper Keys Marine Construction 6161 Blue Lagoon Dr., Suite 420
P.O. Box 2790 Miami, FL 33126 -2048
Key Largo, FL 33037
Producer Number 1896
(With respect to Section IV, Who Is An Insured, the above Named Insured is considered to be an
organization other than a partnership or joint venture unless otherwise specified above.)
Description of Operations:
Marine construction.
Item 4. Location of All Premises You Own, Rent or Occupy:
As per your Insurance application that is on file with us.
Item 6. Limits of Insurance:
General Aggregate Limit (Other Than Products - Completed Operations) $ 2,000,000.
Products - Completed Operations Aggregate Limit $ 1,000,000.
Personal-and Advertising Injury Limits $ 1,000,000,
Each Occurrence Limit $ 1,000,000.
Fire Damage Limit (Any One Fire) $ 50,000.
Medical Expense Limit (Any One Person) $ 5,000,
Item S. Deductible Liability: $ 10,000 Per Occurrence
Item 7. Premium, Fees, Taxes and Rates:
Exposure Rating Basis:
Gross Sales
Estimated Exposure For Period:
$
2,200,000
Adjusted At A Rate(s) Of
1.05 %
Estimated Annual Premium:
Gross Sales
$
23,100
Watercraft Liability Flat Charge
$
4,500
Audit Period:
Annual
Advance Or Deposit Premium:
$
23,100
OM 70 03 07 00 ORIGINAL Page 1 of 3
Policy Number: Q5JH90033
I, Renewal of Number. PXMC- 850714
ir
One Beacon
1 N S U R A NC B
Minimum Annual Premium:
$
23,100
Watercraft Liability Endorsement Flat Charge
$
4,500
Florida Hurricane Surcharge 1%
$
276
Survey Fee
$
500
Percent (%) Of Deposit Premium
25 %
Fully Earned At Inception:
Premium Shown Is Payable:
In full at Inceptiori
Item 8. Form(s) and Endorsements) made a part of the policy at time of issue:
Marine Comprehensive Liability Policy (MCL 0295100) amended as follows:
Section II.A. - Exclusions 6, 7, 8, 12, 13, 14, 20.e. and 29 are deleted.
Section IV - The words "captain or crew of watercraft you ovW and /or operate, charter, lease or
borrow" are deleted from item 2.a., but only with respects to the captain and crew of those
vessels as scheduled in the Watercraft Liability Endorsement (MCL 0295113)
Section VII - Condition 3 is deleted; The first line of Condition 4. is amended to read: "You will
endeavor to:"
Including The Following Endorsements:
Action Over Indemnity Buyback Endorsement (MCL 0295115)
The words "captain(s), and crew of owned and/or operated chartered, leased or borrowed
watercraft and/or" are deleted from item 2. of this endorsement, but only with respects to
the captain and crew of those vessels as scheduled in the Watercraft Liability
Endorsement (MCL 0295113).
Additional Insured and Waiver of Subrogation (Blanket) (MCL 0295116)
Chemical, Biological, Bio- Chemical, Electromagnetic Exclusion Clause Endorsement 3/1/03
(MCL 1102154)
Institute Extended Radioactive Contamination Exclusion Clause 11/1/02 (MCL 1102155)
Limited Pollution Buyback (72 hour) Endorsement (MCL 0295122)
Watercraft Liability Endomemenf (MCL 0295113)
Paragraph -2.9. is amended by deletion of the words: "for the difference between the agreed
hull value and the amount of insurance provided by this policy'
Schedule of Watercraft:
Vessel Agreed Value
• MBTT 2512 -340 $108,000
2005 Push Boat
25.6 x 11.8 x 5
2007 Pontoon Barge and Equipment $251,620
Allowed navigation: Confined to the use and navigation of. Inland and coastal waters of
Florida
OM 70 03 07 00 Page 2 of 3
Policy Number: Q5JH90033
Renewal of Number. PXMC- 850714
no
One Beacon
I N S U R A N C E
IN WITNESS WHEREOF, the Company has caused this policy to be executed and attested, and, if required
by state law, this policy shall not be valid unless countersigned by a duly authorized representative of the
Company.
A " - 40..
T. Michael. Miller, President & CEO
Countersigned
Date:
Z0jft*04f' f 5)iw
Dennis K Smith, Secretary
By:
Authorized Representative
.- t
OM 70 03 07 00
Page 3 of 3
DLICV NUMBER
0
A 4J 37 17
issuing 'Gown or City
Lake Mary
Cate PrevlousNumber Yearwstt New Renewal Conversion POLICY NUMBER
New
SEA 04 -19 -07 HA Q 3717 2005 1 ❑ ® 13 1BA 4J 37 17
b . COMMON DECLARATIONS
LJ
1
Coverage Is provided by the company indketed by an W
®Harleysville Mutual Insurance Company
Wei e7 ' ; L L 13:Ta T-11 t # 707 S TW J
Nameld JTD Contracting, Inc.
Agent Agents Code/Sub
Insured Upper Keys Marine Construction
SeaCoast Underwriters, Inc. 10-0350
and P. O. Box 2790
Northpoint 11
Mailing Key Largo, FL 33037
1035 Greenwood Boulevard, Suite 419
Address
Lake Mary, FL 32746
Policy Period: From: 04 -15-07 To 12:01 A.M. Standard Time
Business Description:
InCividual Partnership
H
General Contractor
Form of Business: Corporation Joint Venture
❑ Other
THIS POLICY CONSISTS OF DECLARATIONS, COMMON POLICY CONDITIONS, AND ONE OR MORE
COVERAGE PARTS. A COVERAGE PART CONSISTS OF ONE OR MORE COVERAGE FORMS, AND, IF
APPLICABLE, ONE OR MORE CAUSES OF LOSS FORMS, ENDORSEMENTS, AND COVERAGE PART
CONDITIONS/PROVISIONS.
IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE
AGREE VWTH YOU TO PROVIDE THE INSURANCE AS STATED IN T POLIC
THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PART(S) FOR WHICH A PREMIUM IS INDICATED.
THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT.
Premium
Commercial Auto Coverage Part........ ........ ......................... .... ............................... $ 16,770.
® Business Auto ❑ Garage ❑ Truckers ❑ Motor Carrier
Commercial Crime Coverage Part .......................................... ............................... $
Commercial General Liability Coverage Part .......................
❑ Occurrence (3 Claims Made
Commercial Inland Marine Coverage Part .............................. ............................... $
Commercial Property Coverage Part ...................................... ............................... $
FarmCoverage Part ................................................................ ............................... $
FHCF Assessment ....... ............................... $ 167.70
Total Is ' 16 937.70
Premium shown $ is payable: at inception and $ at each anniversary.
Schedule of Locations /Premises: (This schedule is for address information only. Refer to attached Coverage Parts) to
determine application of coverage.)
Number 1 97674 Overseas Highway, Key Largo, Monroe County, FL 33037
Number 2
Fors and endorsements applicable to all coverage parts at time of issue.
IL 0017 (11 -98 ) PJ0001(02 -05) PD0205(10 -94) IL0003(07 -02) IL- 7123(4 -98)
The following material contains important information about your policy. Please read it carefully.
Z886(02 -05) Z887(1 -01) Z909(03 -98) ST- 7394(12 -02) ST- 7421(02 -03) ST- 7492(3-04)
Countersigned by
Auf4fted Representative Date
PD -0205 (Ed. 10-94) Includes copyrighted material of Insurance Services Office with its permission
Copyright, Insurance Services Office, 1983, 1984, 1993
One Copy Each - insured, Agent, Home Office; Field Office: Audk
®Harleysville Mutual insurance Company
Coverage is provided by the company indicated by an "X"
COMMERCIAL AUTO COVERAGE PART - FLORIDA
' BUSINESS AUTO COVERAGE FORM
DECLARATIONS
0
ITEM ONE Named Insured
Policy Number
JTO Contracting, Inc.
BA 4J 3717
Coverage Part Eirxtfve
Policy Period
0415-07
From 04.15-07
To 041548
ITEM TWO SCHEDULE OF COVERAGES AND COVERED AUTOS
This policy provides only time coverages where included (INCL) is shown in the premium column below. Each of these coverages will apply only to
those "autos" shown as covered "outos " " Autos" are shown as covered
"auto' for a particular coverage by the entry of one or more of the symbols
front the COVERED AUTO Section of the Business Auto Coverage Forth nood to the name of the coverage.
COVERED AUTOS
LIMIT
(Entry of one or more of the
PREMIUM
COVERAGES
symbol$ from the COVERED
(Entaf 1NCL'
If coverage
AUTO Section of the Business
Auto Coverage Fomn shows
THE MOST WE WILL PAY FOR ANY ONE
ACCIDENT OR LOSS
is provided)
which autos are covered autos
LIABILITY
1
500 000.
12.311,
PERSONAL INJURY PROTECTION
5
Separately Stated In Each PIP Endorsement Minus Any
or equivalord No -Fauit cove
Specified Applicable Deductible.
257.
ADDED PERSONAL INJURY
PROTECTION (or equivalent
Separately Stated In Each Added PIP Endorsement
Added No•Fauit ow4enW)
AUTO MEDICAL PAYMENTS
2
4 2,000.
42.
UNINSURED
MOTORISTS
2
50,000.
527.
Actual Cash Value or Cost of Repair, Whichever Is less
W
Ul
COMPREHENSIVE
7�8
Minus any Specified Deductible Under Item THREE or
1,107.
COVERAGE
FOUR for Each Covered Auto For AN Loss
Except Fire or Liphtn
p
SPECIFIED CAUSES OF
Actual Cash Value or Cost of Repair. V**t ver b Lass
J
LOSS COVERAGE
Minus $25 for Each Covered Auto for Mass
Caused by Mischief or Vandalism.
V
Actual Cash Vain or Cost of Repair. Whichever is Laos
tIf
COLLISION COVERAGE
7,8
[bus any SpecHbd Deductible Under Item THREE or
2.528.
FOUR for Each Covered Auto.
IL
TOWING AND LABOR
$ For Each Disablement of a Private
Passenger Auto
ESTIMATED TOTAL PREMWM FOR THIS COVERAGE PART
I = 18.770.
FORMS AND ENDORSEMENTS applying to fhb Coverage Par
IL 00 21 ( 07-02) CA7028(07 -00) CA0001(10-01) CA7193(06 -00) CA7189(05.00)
CA7187(05-00) CA7190(05.00) CA0128(02I03) CA0257(10-04)
CA0022(02-99) CA2172(02 -01) CA2210(10-02) CA2356(11-02) CA2201(01
-07) CA9910(10-01) CA7100(10-01) CA9903(12 -93) CA0045(03-03)
CA9944(12 -93) CA0051(12 -04)
m Countersigned by . m
RGI)ISSOVIIIIII& Dale
Includes copyrighted material of Insurance Services Office, with Its permission.
CA -7026 Edition 7-00 Copyright, Insurance Services Office, Inc., 1985. Page 1 of 2
One Copy Each - Insured: Agent; Home Office; Branch Office: Audit
3usiness Auto Coverage Form Declarations (continued)
4n (X) in premium column below denotes coverage is provided.
TFM TMRFF _ r.C4rFnr n F r►c e*r%u =wcn Ar r ma vnr r rums
POLICY NO. BA 4J 37 17
COVERA(GESIPREMIUM INDICATOR AND DEDUCTIBLE CODES An (X) denotes premium is hrduded and coverage Is provided.
No. PIP � �: UM Ulm China Valuation cwgx lwl*A Ca1105011.483 Can" Tow -
( Aft) Code ; Code t Code fag
1 ,
;
,
2 ;
,
3
,
4
S ;
;
Codes 'GvW- -Gross Veldde WeW GCW— {Gross Comtinslbn V"ht lion Oeducwle A450, "100, Ci150. O-W. E4= F4500. G- f10110,
It ninesaUse: SaSenke; - C- Cartvnerdel H4= 1,1;3000, - Endorsement
+CorrlprefrerreiMS Deducible: A-No Dedua6bb. 6450, C -;100. D4=. E4250. F4M. Cm= ai Loex "* B+jm and TNet6 G.Fk%TheRand Wkdjb.. WJmNed
G41000, H,12000.143000. JSee Endorsement Spec&d Cmm of Loos; ESp dW of Lass . -
Ex for Towlm All Physical Damage Loss Is Payab to You And The Loss Payee Named Below As Interests May ar At The Time Of Loss.
LOSS PAYEE(8), (Name and Address) See loss Payable Clause
Name Street, City, State and Zip Number
Orlando Frelghtlitlers 2455 S Orange Blossom Trall, Apopka, FL 32703
OMAC P.O. Box 2525, Hudson, OH 4423$
010 First Estale Bank of • insurance Service Ctr. 1201 Si nonton StreK Key WeK FL 33040
ITEM FOUR — SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE.
LIABILITY INSURANCE — RATING BASIS_ CMT OF NIRF
STATE
ESTIMATED COST OF HIRE FOR EACH STATE
PREMIUM
FL
Cost of hire means the total amount you incur for
1.F ANY
the hire of autos you don't own (not Including
Place of Itdpal mina
Rodids of
A
ORiGi K
SPECIFIED CAUSES
Year
Trade hems and Body Type
GVlNH3CW
Vddde IdWAIM ton
Number(Vq�
TOO
Opwalloft
Business Ws
COST NEW
' $ 500. Deductible for Each Covered Auto
' {
Lacom Zone
(Mmes)
g R C
or SYMBOL
1
SEE SCHEDULE ATTACHED
2
3
4
S
COVERA(GESIPREMIUM INDICATOR AND DEDUCTIBLE CODES An (X) denotes premium is hrduded and coverage Is provided.
No. PIP � �: UM Ulm China Valuation cwgx lwl*A Ca1105011.483 Can" Tow -
( Aft) Code ; Code t Code fag
1 ,
;
,
2 ;
,
3
,
4
S ;
;
Codes 'GvW- -Gross Veldde WeW GCW— {Gross Comtinslbn V"ht lion Oeducwle A450, "100, Ci150. O-W. E4= F4500. G- f10110,
It ninesaUse: SaSenke; - C- Cartvnerdel H4= 1,1;3000, - Endorsement
+CorrlprefrerreiMS Deducible: A-No Dedua6bb. 6450, C -;100. D4=. E4250. F4M. Cm= ai Loex "* B+jm and TNet6 G.Fk%TheRand Wkdjb.. WJmNed
G41000, H,12000.143000. JSee Endorsement Spec&d Cmm of Loos; ESp dW of Lass . -
Ex for Towlm All Physical Damage Loss Is Payab to You And The Loss Payee Named Below As Interests May ar At The Time Of Loss.
LOSS PAYEE(8), (Name and Address) See loss Payable Clause
Name Street, City, State and Zip Number
Orlando Frelghtlitlers 2455 S Orange Blossom Trall, Apopka, FL 32703
OMAC P.O. Box 2525, Hudson, OH 4423$
010 First Estale Bank of • insurance Service Ctr. 1201 Si nonton StreK Key WeK FL 33040
ITEM FOUR — SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE.
LIABILITY INSURANCE — RATING BASIS_ CMT OF NIRF
STATE
ESTIMATED COST OF HIRE FOR EACH STATE
PREMIUM
FL
Cost of hire means the total amount you incur for
1.F ANY
the hire of autos you don't own (not Including
$102.
autos you borrow or rent from vour naftj&m or
wwwom or Ursa romay memoers). Cost oT nine coos not include charges for services performed by motor carriers of property or possergem.
PHYSICAL DAMAGE COVERAGE
COVERAGES
LIMIT OF LIABILITY - THE MOST WE WILL PA DEDUC TIBLE
PREMIUM
COMPREHENSIVE
Actual Cash Value, Cost of Repairs or $ 35.000. Whichsvar is Loss, Minus
$15.
$ 600. Deductible for Each Covered Auto, For AN Loss Except Fie or
SPECIFIED CAUSES
Actual Cash Value, Cost of Repohs or S . Whichever is Less, Minus
OF LOSS
$25 Deductible for Each Covered Auto, for Loss C aused by Mischief or Vandalism.
COLLISION
Actual Cash Value, Cost of Repairs or t 35.000. Whichever b Lou, Minus
$10.
' $ 500. Deductible for Each Covered Auto
rnTOIVAL U AMAtiE INS URAN C E for covered autos you hire or borrow is excess unless indicated below by "® "
❑ If this box is checked, PHYSICAL DAMAGE INSURANCE applies on a direct primary basis and for purposes of the condition 9 I'M OTHER
INSURANCE, any covered auto you hire or borrow is deemed to be a covered auto you own.
ITEM FIVE — SCHEDULE FOR NON -OWNERSHIP LIABILITY
Named Insured's Business Rating Basis Premium
r than a Social Service Agency 25 Number of Employees $105.
Number of Partners
aI Service Agency Number of Employees
Number of Voturrtasrs
Includes copyrighted material of Insurance Services Office, with its permission.
Copyright, Insurance Services Of8ce.1985.
CA -7026 (Edition 7-00) Pape 2 of 2
One Copy Each -Insured; Home Office; Agent Branch Office; Audit
VEHICLE SCHEDULE No. #1
JTD Contracting, Inc.
No. Ye
Name and Body Type
•
GVW /GCW
Vehicle Identification
Vehicle
Number (VIN)
Pleios
Principal
Location
aragi
TOR.
Zone
Radars of
Operation
(Mlbs)
Business Use
S=Service
RdRetaB
Cacomtrercial
ORIGINAL
COST NEW
or SYMBOL
001 1999
Chevy Pickup Truck
'
1GBHC33R6XF015023
L
132
1
1 8.000.
002 994
oop Trailer- Lowboy
D1589
H9FB243P10473131
L
132
F 132.
15,000.
003 1987
g Beaver Trailer Low-
12HGBZOXHT350319
L
132
589
10,000.
004 987.
ontinental Trailer
1ZJBSZOZ5H1006848
L
32
,500.
W5 001
ck Silverado Flatbed
,
GBJC39U31F117173
L
132
S
8,000.
006 995
[hevy
d LN900
FDYR90V1SVA06593
L
132
8
,336.
007 1975
neat Dane Trailer Flatbed
005 1270.
14958
L
32
1,000.
008 1
reightliner MDL FL 70
88.
FV3HJAC9XHA56560
L
132
1
S
3,000.
009 004
1 3 3 MC Sierra Pickup
43.
IGTHK23104
L
132
1
S
3,481.
0110 0.05
ic hevrolet Pickup
5.
� GCJK3328SF879300
rL
32
43.
S
3,000.
M RAGEIPREMIUM INDICATOR AND DEDUCTIBLE CODE (11X) Denotes p remium is included and coverage is afforded.)
No. Liability
PIP
Added
PPI
Mold'
pay
UM
UIM
elm
Insurance
Valuation
(Stated ArtM )
Compre-
hensive
Deductible
Specgbd
Causes of
Deduttibls
Deduct
�
001 1217.
32.
5.
43.
D1589
F 84.
F 132.
002 159.
5.
1
43,
589
35.
51.
003 159.
5.
589
28.
42.
004 159.
5.
1
43.
589
28.
42.
005 1270.
1589
88.
159.
006 2500.
32.
S.
43.
549
'146.
485.
007 159.
5.
43.
44.
85,
008 2500
32.
43.
34549
148.
447.
009 1217.
32.
1589
136.
251.
010 1217.
32,
1589
143.
295.
S:
- Gross vehicle Weight; GCW - Gross Combination Weight
CA -7100 (Ed. 10-01)
VEHICLE SCHEDULE No.#2
Contrading, Inc.
NO. Year
Trade Name and Body Type
-
GVW/OCW
Vehicle Identification
Number (VIN)
place
Looatlon
Ter.
Zone
Operation
( )
Business Use
sa
R=RaWl
C- Commerdal
COST
or SYMBOL
011 2005
Anderson Trailer
4YNBN18295CO33566
FL
132
1
5,000.
012 007
�hevrolet Avalanche
GNFK123%7G163793
FL
32
1
s
4 2,000.
tom .. A
OVW - (MM Vehicle Weight MW - Crow Canbinetion VF*jht
CA -7100 (Ed. 10-01)
1
POLICY NUMBER:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
FLORIDA PERSONAL INJURY PROTECTION
•
4?-
For a covered "auto" licensed or principally garaged in, or "garage operations" conducted in, Florida, this en-
dorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi-
fied by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is indic atdd
below.
Endorsement Effective: 04 -15-07
Countersigned By:
Authorized Representative
Named Insured: JTD Contracting, Inc.
We agree with the "named insured ", subject to all the provisions of this endorsement and to all of the provisions of
the policy except as modified herein, as follows that
SCHEDULE
Limit
Any Personal Injury Protection deductible shown in the Declarations of $
is applicable to ❑ the following "named insured" only:
❑ each "named insured" and each dependent — "family members.
❑ Work loss for "named insured" does not apply.
❑ Work loss for "named insured" and dependent —"family member" does not apply.
Benefits Limit Per
Person
Total Aggregate Up to $10,000
Death
$5,000
Benefits
(included in aggregate)
Medical
80% of medical expenses
Expenses
subject to toted
aggregate limit
Work Loss
60% of work loss
subject to total
aggregate limit
Replacement
subject to total
Services Expense
aggregate limit
COMMERCIAL AUTO
CA 22 9010 02
ears above, Information required to complete this endorsement will be shown. In the
Oils eridorserrient.)
CA 22 10 10 02
0 ISO Properties, Inc., 2002
Page 1 of 6 ❑
CA 2210 10 02 .® ISO Properties, Inc., 2002 Page 3 of 6 0
2. Any amount paid under this coverage will be
b. No legal action may be brought against us
reduced by the amount of benefits an injured
person has been paid or is entitled to be paid
with respect to an overdue claim until 7
business days after the receipt of a demand
for the same elements of "loss" under any
letter by us, If such demand letter is re-
workers' compensation taw.
quired by, and is in accordance with, the
3. If personal injury protection benefits, under the
Florida Motor Vehicle No -Fault Law and has
Florida Motor Vehicle No-Fault Law, have been
been sent to us via U.S. cerMied or regis-
received from any insurer for the same ele-
tered mail.
ments of foss and expense benefits available
3. Transfer Of Rights Of Recovery Against
under this policy, we will not make duplicate
Others To Us is replaced by the following:
payments to or for the benefit of the injured
person. The insurer paying the benefits shall be
Unless prohibited by the Florida Motor Vehicle
entitled to recover from us its pro rata share of
No-Fault Law, in the. event of payment to or for
the benefit of any injured person under this
the benefits paid and expenses incurred in
coverage:
handling the claim.
4. The deductible amount shown in the Schedule
a. We will be reimbursed for those payments,
not including reasonable attorneys tees and
will be deducted from the Lesser of
f:
other reasonable expenses, from the pro-
s. The total benefits otherwise payable under
coeds of any settlement or judgment result -
this insurance to any one person in any one
ing from any right of recovery of the injured
"accident"; or
person against any person or organization
b. The applicable limit of our liability.
legally responsible for the "bodily injury"
The total benefits otherwise payable means the
from which the payment arises. We will also
have a lien on those proceeds.
total amount of medical expenses, work loss,
and replacement services expenses after the
b, If an o
any on to or for whom we we pay b ne
application of any percentage limitation set
fits en -
forth in the Schedule. The deductible does not
other, time rights are transferred to us.
g
apply to the death benefit.
.
That person must do everything necessary
E. Changes in Conditions
to secure our rights and must do nothing af-
ter loss to impair them.
The Conditions are changed for Personal Injury
c. The insurer providing personal injury protec-
Protection as follows:
tion benefits on a private passenger "motor
1. Dutles In The Event Of Accident, Claim, Suit
vehicle ", as defined in the Florida Motor Ve-
Or loss
hide No -Fault Law, shall be entitled to re-
In the event of an "accident", the "named in-
imbursement to the extent of the pa yment
sured" must give us or our authorized repre-
the personal Injury r ot ft fr
sentative prompt written notice of the "acci-
th f
dent"
a commercial "motor vehicle ", as defined in
If any injured person or his or her legal repre-
the Florida Motor Vehicle No -Fault Law, ff
such injured person sustained the injury
sentative institutes a legal action to recover
while "occupying ", or while a "pedestrian"
damages for "bodily injury" against a third party,
through being struck by, such commercial
a copy of the summons, complaint or other
"motor vehicle ".
process served in connection with that legal ac-
tion must be forwarded to us as soon as possi-
4. The following condition is added:
ble by the injured person or his or her legal rep-
Payment Of Bsneflb
resentatnre.
Personal injury protection benefits payable un-
2. Legal Action Against Us is changed by add-
der this overage form, whether the full or par-
ing the following:
tial amount, shall be overdue if not paid within
a. Except as provided in Paragraph b. below,
30 days after we are furnished with written no-
no one may bring a legal action against us
lice of the covered foss and the amount of the
under this insurance until 30 days after the
covered "loss" in accordance with the Florida
required written notice of "accident" and
Motor Vehicle No -Fault Law,
reasonable proof of claim have been filed
with us.
CA 2210 10 02 .® ISO Properties, Inc., 2002 Page 3 of 6 0
1
_r
4. Provisional Premium
In the event of any change in the rules, rates,
rating plan, premiums or minimum premiums
applicable to the insurance afforded, because
of an adverse judicial finding as to the constitu-
tonality of any provisions of the Florida Motor
Vehicle No -Fault Law providing for the exemp-
tion of persons from tort liability, the premium
stated in the declarations for any Liability,
Medical Payments and Uninsured Motorists in-
surance shall be deemed provisional and sub-
ject to recomputation. if this policy is a renewal
policy, such recomputation shall also include a
determination of the amount of any return pre-
mium previously credited or refunded to the
"named insured" pursuant to Sections 627.730
through 627.7415 (1988) of the Florida Motor
Vehicle No -Fault Law with respect to insurance
afforded under a previous policy.
If the final premium thus recomputed exceeds
the premium shown in the Declarations, the
"named insured" shall pay to us the excess as
well as the amount of any return premium pre-
viously credited or refunded.
6. Special Provisions For Rented Or Leased
Vehicles
Notwithstanding any provision of this coverage
to the contrary, if a person is Injured while "oc-
cupying" or through being struck by, a "motor
vehicle" rented or leased under a rental or
lease agreement, the personal injury protection
afforded under the lessor's policy shall be pri-
mary, unless the face of the agreement con-
tains, in at least 10 -point type, the following
language:
The valid and collectible personal Injury pro-
tection insurance of any authorized rental or
leasing driver is primary for the limits of
personal injury protection coverage required
by Section 627.736, Florida Statutes.
6. Policy Period; Territory
The insurance under this Section applies only
to "accidents" which occur during the policy pe-
riod:
a. In the state of Florida;
b. As respects the "named insured" or any
'Yamily member', while "occupying" the
covered "motor vehicle" outside the state of
Florida but within the United States of
America, its territories or possessions or
Canada; and
CA 22 10 10 02
c. As respects the "named insured ", while
"occupying" a "motor vehicle" of which a
"famity member" Is the "owner" and for
which security is maintained under the Flor-
ida Motor Vehicle No -Fault Law. outside the
state of Florida but within the United States
of America, its territories or possessions or
Canada.
G. Additional Definitions
As used in this endorsement
I. "Motor vehicle" means any self - propelled vehi-
cle with four or more wheels which Is of a type
both designed. and required to be licensed for
use on the highways of Florida and any trailer
or semitrailer designed for use with such vehi-
cle;
However, "motor vehicle" does not include:
a. A mobile home; ,
b. Any "motor vehicle" which is used in mass
transit, other than public school transporta-
tion, and designed to transport more than
five passengers exclusive of the operator of
the motor vehicle and which is owned by a
municipality, a transit authority, or a political
subdivision of the state.
2. "Family member" means a person related to
the "named insured" by blood, marriage or
adoption including a wand or foster chile who is
a resident of the same household as the
"named insured".
3. "Named Insured" means the person or organi-
zation named in the Declarations of the policy
and, if an individual, shall include the spouse if
a resident of the same household.
4. "Occupying" means in or upon or entering into
or alighting from.
5. "Owner" means a person or organization who
holds the legal title to a "motor vehicle", and
also includes:
a. A debtor having the right to possession, in
the event a "motor vehicle" is the subject of
a security agreement;
b. A lessee having the right to possession, in
the event a "motor vehicle" is the subject of
a lease with option to purchase and such
lease agreement is for a period of six
months or more; and
® ISO Properties, Inc., 2002
Page 6 of 6 D
POLICY NUMBER: BA Q 3717 COMMERCIAL AUTO
CA 2172 02 01
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
FLORIDA UNINSURED MOTORISTS
COVERAGE - NON - STACKED
Iq
For a covered "auto" licensed or principally garaged in, or "garage operations" conducted in, Florida, this
endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is
indicated below.
Endorsement Effective. 04 -15 -07 Countersigned By:
'Named Insured: JTD Contracting, Inc.
Authorized Representative
SCHEDULE
Limk Of Insurance
50,000. Each "Accident"
(if no entry appears above, information required to complete this endorsement will be shown in the Sched-
ule or Declarations as applicable to this endorsement.)
A. Coverage
1. • We will pay all sums the "insured" is legally
entitled to recover as compensatory dam-
ages from the owner or driver of an "unin-
sured motor vehicle ". The damages must re-
sult from "bodily injury" sustained by the "in-
sured" caused by an 'accident". The owner's
or driver's liability for these damages must
result from the ownership, maintenance or
use of the "uninsured motor vehicle ".
b. A tentative settlement has been made
between an "insured" and the insurer of
the "underinsured motor vehicle" and we :-
(1) Have been given prompt written notice
of such tentative settlement; and
(2) Advance payment to the insured" in
an amount equal to the tentative set-
tlement within 30 days after receipt of
notification.
3. Any judgment for damages arising out of a
"suit brought without our written consent is
not binding on us.
B. Who Is An Insured
1. You.
2. If you are an individual, any "family member".
CA 2172 02 01 Copyright, Insurance Services Office, Inc., 2000 Page 1 of 5 0
2. With respect to damages resulting from an
"accident"
with a vehicle described in Para-
graph b. of the definition of "uninsured motor
vehicle ", we will pay under this coverage only
If a. or b. below applies:
a. The limit of any applicable liability bonds
or policies have been exhausted by judg-
ments or payments; or
b. A tentative settlement has been made
between an "insured" and the insurer of
the "underinsured motor vehicle" and we :-
(1) Have been given prompt written notice
of such tentative settlement; and
(2) Advance payment to the insured" in
an amount equal to the tentative set-
tlement within 30 days after receipt of
notification.
3. Any judgment for damages arising out of a
"suit brought without our written consent is
not binding on us.
B. Who Is An Insured
1. You.
2. If you are an individual, any "family member".
CA 2172 02 01 Copyright, Insurance Services Office, Inc., 2000 Page 1 of 5 0
E. Changes In Conditions
c. A person seeking Uninsured Motorists
The Conditions are changed for Uninsured Mo-
Coverage must also promptly notify us in
torists Coverage Non - Stacked as follows:
writin.9 by certified or registered mail of a
1. Other Insurance in the Business Auto and
tentative settlement between the "insured"
and the insurer of the vehicle described in
Garage Coverage Forms and Other Insur-
ance — Primary And Excess Insurance
Paragraph b. of the definition of an "unin-
sured motor vehicle" and allow us 30 days
Provisions in the Truckers and Motor Car-
to advance payment to that "insured" in
rier Coverage Forms are replaced by the fol-
an amount equal to the tentative settle -
lowing:
ment to preserve our rights against the In-
If there is other applicable insurance avail-
surer, owner or operator of such vehicle
able under one or more Coverage Forms,
described in Paragraph b. of the definition
policies or provisions of coverage:
of an "uninsured motor vehicle ".
a. The maximum recovery under all Cover-
age Forms
3. Transfer Of Rights Of Recovery Against
Others To Us is changed by adding the fol-
or policies combined may
equal but not exceed the highest applica-
lowing:
ble limit for any one vehicle under any
If we make any pa ment and the "insured"
one Coverage form or policy providing
recovers from another party, the "insured"
coverage on either a primary or excess
shall hold the proceeds in trust for us and
basis•
pay us back the amount we have paid.
b. Any insurance we provide with respect to
Our rights do not apply under this provision
a vehicle you do not own shall be excess
with respect to Uninsured Motorists Cover-
over any collectible uninsured motorists
age if we:
insurance providing coverage on a pri-
mary basis.
a. Have been given pr pt written notice of
settlement between
c. If the coverage under this Coverage Form
a tentative an "in-
sured" and the insurer of a vehicle de-
is provided:
scribed in Paragraph b. of the definition of
(1) On a primary basis, we will pay only
an "uninsured motor vehicle "; and
our share of the loss that must be paid
b. Fail to advance payment to the "insured"
under insurance providing coverage on
in an amount equal to the tentative set-
a primary basis. Our share is the pro-
tlement within 30 days after receipt of no-
portion that our limit of liability bears to
tification.
the total of all applicable limits of liabil-
ity for coverage on a primary basis.
If we advance pay to the "insured" in an
p Y
(2) On an excess basis, we will pay only
amount - equal to the tentative settlement
within 30 days after receipt of notification:
our share of the loss that must be paid
under insurance providing coverage on
a. That payment will be separate from an
p Y Y
an excess basis. Our share is the pro-
amount the "insured" is entitled to recover
portion that our limit of liability bears to
under the provisions of Uninsured Motor -
the total of all applicable limits of liabil-
lets Coverage; and
ity for coverage on an excess basis.
b. We also have a right to recover the ad-
2. Duties In The Event Of Accident, Claim,
vanced payment.
Suit Or Loss is changed by adding the fol-
4. The following Condition is added:
lowing:
a. Arbitration
a. Promptly notify the police if a hit- and -run
(1) If we and an "Insured" do not agree:
driver is involved; and
b. Promptly send us copies of the legal a-
Y op p
"suit"
Ia) Whether that person is legally enti-
tled to recover damages under this
pers if a is brought.
endorsement; or
V_A
CA 2172 02 01 Copyright, Insurance Services Otlioe, Inc., 2000 Page 3 of 5 4
d. For which neither the driver nor owner
can be identified. The land motor vehicle
or trailer must:
(1) Hit you or any "family member", a cov-
ered "auto" or a vehicle you or any
"family member' are "occupying "; or
(2) Cause an "accident" resulting in "bod-
ily injury" to you or any "family mem-
ber" without hitting you, any "family
member", a covered "auto" or a vehicle
YOU or any "family member' are "occu-
pying".
If there is no hysical contact with the
land motor vehicle or trailer, the facts of
the "accident" must be proved. We will
only accept competent evidence other
than the testimony of a person making
claims under this or any similar coverage.
it
1
However, "uninsured motor vehicle" does not
include any vehicle:
a. Owned by a governmental unit or agency;
b. Designed for use mainly off public roads
while not on public roads; or
c. Owned by or furnished or available for the
regular use of you or any "family member'
unless it is a covered "auto" to which the
Coverage Form's Liability Coverage ap-
plies and liability coverage is excluded for
any person other than you or any "family
member'.
CA 2172 02 01 Copyright, Insurance Services Office, inc., 2000 Page 6 of 5 0
1
POLICY NUMBER: BA 4J 37 17
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NAMED INDIVIDUALS - BROADENED PERSONAL
INJURY PROTECTION COVERAGE
This endorsement modifies insurance provided under the following:
PERSONAL INJURY PROTECTION ENDORSEMENT
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated
below.
Endorsement Effective 4 -15-07
Named Insured JTD Contracting, Inc. Countersigned By
COMMERCIAL AUTO
(Authorized Representative)
SCHEDULE
J
Name of Individual
State
Premium
Johnny, Gail, David & Dawn
Debrule
Florida
$8.00
(If no entry appears above, information required to complete this endorsement wM be shown in the Declarations as
applicable to this endorsement.)
An individual named in the Schedule of this endorsement shall be considered a "named insured" for the personal
injury protection coverage provided for the state shown in the Schedule.
CA 22 010187 Copyright, Insurance Services Office, Inc., 1988
Page 1 of 1 a
4
1
At
POLICY NUMBER: BA 4J 3717
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DRIVE OTHER CAR COVERAGE -- BROADENED
COVERAGE FOR NAMED INDIVIDUALS
This endorsement modifies insurance provided under the 11DIlowing:
BUSINESS AUTO COVERAGE FORM
BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM
GARAGE COVERAGE FORM
,MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless-modi-
fied by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated
below.
Endorsement Effective: 04 -15-07
Countersigned By:
Authorized Representative)
Named insured: JTD Contracting, Inc.
SCHEDULE
Name Of individual
Uninsured
Motorists
Auto Medical
Name Of Individual
Lis Ility
pay to
Limit
Premium
Limit
Premium
Johnny & Gail Debrule
500,000,
$171.
2,000.
$2.
David 3 Dawn Debrule
$25.
$55.
David & Dawn Debrule
Name Of individual
Uninsured
Motorists
Underinsured
Motorists
Physical
Dania •
Comp.
Coll.
Limit
Premium
Limit
Premium
Johnny & Gail Debrule
50,000.
$11.
$25.
$55.
David & Dawn Debrule
COMMERCIAL AUTO
CA 99 10 10 01
Note — When uninsured motorists Is prov!Oed at limits higher than the basic limits required by a financial responsi-
bility law, underinsured motorists is included, unless otherwise noted. If underinsured motorists coverage is pro-
vided as a separate coverage, make appropriate entry in the Schedule above.
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
CA 99 10 10 01
® ISO Properties, Inc., 2000
Page 1 of 2 0
PLE.AM iiEVIEW THIS BjN!)ER/p0LfCY
CAREFOU Y AS THE COVERAGE, Cover Note Number: TRC402og6
RUS AN CONDITIONS MAY Renewal of Cover Note Nuobw: TRC.401751
Y s=A00,j - fJjOSE 1141TIALLY COVER NOTE
tflr3Tf =:7 n%, YOUR 309Mi551a1�3. OF INSURANCE EFFECTED THROUGH
TRIDENT MARINE MANAGERS, INC.
14423 Torrey Chase Blvd., Suite 200, Houston, TX 77014 -1648 TRI !�
In accordance with authorization granted to TRIDENT MARINE MANAGERS, INC. by c artsin admitted and/or non
admitted insurers (hereinafter called "UNDERWRITERS ") whose names and proportions of the stipulations and premium
,underwritten by tham are or will
be on file in the office of TRIDENT MARINE MANAGERS, INC., and in consideration
show, TRIDENT mits T MARINE MANAGERS, INC. has placed insurance for the li or ate !PtAdbee: d� the term stipulated, according to the following: �11� NAME OF ASSURED: &L $ Blue LaEpm DfW #,
ADDRESS: O Box Inc. dba Upper Keys Marine Construction , � FL 33126
Key Largo, FL 33037
f'�od�rangAgerdAM= 6161 a *M
TERM: From: Febawy 9 2007 WaK FL 33126
To: February 9, 2008 At the times as per die attached.
OPERATION OR CLASS OF BUSINESS: Marine construction
AMOUNT OR LIMIT:
TYPE OF COVERAGE:
Acting upon the instructions of
As per the attached.
As per the auached.
it We confirm that we, the undersigned, have
Procured insurance as hereinafter specified from:
Butler, Buckley, Deets, Inc.
6161 Blue Lagoon Dr., Suite 420
Miami Lakes, FL 33126
C,m pre n6m: Mve o. ra
Fees: iron: .S'Z?�•
Ai"" Olttarw..
ul. Tax (5%) :, t c
FSLSO fee (.8%):
EFMA Fe4:
{'i:RFdCL'iOri 1<:
(h cal 1�
on Underwriters _ pe attlebad
(heroine called the VDERWnlTlil S - ). •.
Premium. $10,000.00 Producing Ag ent, the Assured's
Certificate Fee: $500 Agent, herellhafter called "The
Federal Tax: % able state " taxes to remit l r e
Stara Tax: % Managers, Inc. for the State of
Stamping FOe: % Texas. The Producer assumes
Total: _ $10,500.00 all respo nsibility for such state
tax If any, in all Other states.
NOTICE: NO FLAT CANCELLATIONS ALLOWED Whichever party Is responsible
for the payment of taxes shall
also be responsAle for full cont-
= INWe with relevant Surplus Miss
laws of the other states, Including
the filing of aflldavk and other doo-
This Cover Note is made and accepted subject to all the provisions, forms, e n d orsements ume
appearing is this Cow Note w hicb are specifically referred v and made a set forth herein or
Provisions, conditioais, forms end � as my be P� of this Cover Note, o ofli with jd,b br oke r
or representative other than TRIDF,N'1' ham. or attached hereto; and no olllCer, $serf, broker
dke MARINE MANAGERS, INC. Houston, Texas, or the UNDERWRITERS shall lave
Power to waive or be deemed to have waived arty provision, c Onditiori, form or eedmse of th e Cover No un less
� � �.if be iwx d and executed by TRIDENT MARINE MANAGERS, MA MANAGERS, my
executed.
B the Insmwce under rile Cover Note exist or be claimed by the Amy tt� and
Insurance b
This Cover Note shall not be valid unless signed by TRIDENT MARINE MANAGERS, INC.
lasued�
C Uses low. � +nwred � TRID�' MARINE MANAGERS, INC. do Pbrlda Inau of authority of the UNDERWRITER'S
any right of reWG�ty Act 10 the adwdf ,
insolvent unlirroeng� for the obll0etion of an
r. - 5.2007
Surplus Lines Agent's Counleret re:
P ri �••. �.._ ORIGINAL
< *4 %
MARINE COMPREHENSIVE LIABILRY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Lit11 nu POLLUTION BUY-BACK (72 HOUR) ENbORSEMEif.T (MCL 029922)
This endorsement modtfies Insurance prodded under.
Marine COVrehenelve LWWky Coverage Form
Pl+end , $nnaluclM
SCHEDULE
In oohsldwation.of ft additional premium shown In the sahedcrie to this endorsement and subject
to the terms and condltlam of the polfoy, R Is agreed the
1. Exclusion 10 of Section II. A. shall be voided, but only to the extent of the coverages provided
under this endorsement and .provided that you establish that alf of the foguwbV oonditions
have bean met
a. The dleoharge, dispereol, release or escape was neither wpv-ted nor Intended by the
Insured. - A discharge, dispersal, release or eeoape shall not be owmider+ed unInt coded or
unexpected unless caused by some Intamm" emt neither expected nor Intended by
the InsuroA.
b. The dscth m% dispersal, release or escape can be Ider3tlfled as commencing at a
speoft *m and date during the term of this p ft.
o. The discharge, dispersal, release or escape known to the Insured within 72
hours aft he commencement and was reported to WervMters wWn ThVty (30) days
th0valler.
d. The discharge, dispersal, _ or did not result ftm the Inured' Intentional relem
and wMM *Won of any govemment stale te, wie or repletion.
2. • Exduslon 10. of Section N. A. shelf not apply to clown up ovate OW isault from millgellon of e
. seep ge ' arrd olalm 4 a oovwod InddenL Clean up dosts " be
defbved as tiw wcp wo Incurred as a dk ed result of the removal, Irealment, detoxNlcation
or neviralleMlon of pollutants -or hraaardous wulakffices as imindatsd by gov WnerM
authoritX excludtnp, however, to coat of mmko rm"tep Impact skrdles. Suah clean -up
expenses am part of (hot Ilm for In addition p o� B It me this
stfs. and wNl reduce the
S. Nothing In this arximement shall operate to provide any coverage hww for
IiapllNy,.expense or costs, whether incurred fottultously, accidentally and/or lt Wdlonally arrd
whether or not erwk onerrtal In neture, with re6pect to:
a. loss of, demape to or lass -of use of property directly or Indirectly resulting from
subsidence caused by your sub- surfaoe operations or sub - surface operaftu perfomted
on your behalf.
b. RWWVW of, lose of or dame p to eubosurfaos of, gas or any other dos.
a Fines, penalties, criminal costs of defense, punitive damep, exemplary damages or any
other damages resulting from the multioloaft of compensatory damages.
MCL M95122 Pap I of 2
ANOL
d. Any site or lobabon -used. In whole or an port for'the hmWiing, proceaft, bvetmeK
storage, disposal or dumping of any waste meterlals or substance or the kwwportat M
of any waste meterlak or•subehro e.
e. .Losses resuMV from Blowout and/or Cralertng.
f. Losses resulting from and/or owed by watsrorart which you own, operals, chwrler, lease
and/or borrow.
g. Losses whloh wise solely because of provisions contained bi •the OU Post Act of 1990,
data and local govemmerrt enuhmmantal Ads, as welt as their successor Acte and which
woad ad hm been covered honKmder had those Acts root been oftrosd. It Is also
understood mW agreed NW this Insurance does not oonallkAs evidence of itna wW
responsibgigr under the 04 PoRdlon Act of ISW or any similar lederail or etate law or local
governmwd Acts and It Is a warranty of this bmxwm that If WM not be submlftd to the
United states Coast Guard or any other %dame or state or local gwvemment agency as
evidence of firmuM responsibility. We do not oonsant to be guarwAcre.
4. AD Other Tom and Cane RemeJn Uncharged,
L;
s
MCL 0295122 Pop 2 of 2
otxalt THIS CERTIFICATE IS ISSUED AS A NA'T'TER OF INFORMATION
ONLY AND CONFERS NO.RWITS UPON THE CERTIFICATE
rm, sucK +BY, DEWS =c. HOLDER. THIS CERTIFICATE DOES NOT AMEN% EXTEND OR
61 $I,ZITII LAG W D8. , 8TE 420 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
MU . BL 33126 NAILS
308- 262 -0066 INSURERS AFFORDING COVERAGE
Wour RA: Oa Tmouraaaa Cc
s cc= as - i Industa Ins Co
WPM 110 box�.aa 4 tsuatioa a
I �Y� Ii1liOD 33037 PSUFMik
MMtaete.
weQSQ�tt __
VA PCL:m OF Mnw=uwmomLuw Mvt ==" ww.o..v ...Q .warty.. ---- • - - W111Cry - - 7E 1AAY OR
WY RtwU1Rmw, T CR commCN OF ANY SCR oTrot
MYMTAIKI MPNMN=AFPORSWBYMPCUCit'd IMCUM " 0 9=0"AW C MO[i1"ORMLM
1 0LU E. AOAAEOAM L& M gpo uW HAVIUM rA== {1f RAW CLAW
_�DNALaAON MiI11Rll____- _I
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.03/06/07 02/09108- Lmm
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TlEIBITII111111 . LIAN M- #1,0001000 IMM' icellul AM IS PPCvXDw.
(
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280,000
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