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Item I07 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY -'" Meeting Date: April 16, 2008 Division: Growth Management Bulk Item: Yes ~ No - Department: Planning & Environmental Resources Staff Contact: Richard Jones AGENDA ITEM WORDING: Approval of contract with Upper Keys Marine Construction, Inc. to provide derelict vessel and marine debris removal services throughout the keys, and waiver of irregularities in response to Request for Qualifications and selection of contractor. ITEM BACKGROUND: The Marine Resources Office routinely uses marine contractors to remove non-hurricane related derelict vessels and marine debris. Establishing contracts with pre-qualified firms to provide services in various areas of the keys will provide for a more efficient derelict vessel removal program, meet Purchasing Guidelines, and eliminate the need for contracts for individual jobs. It is anticipated that the total cost for all contractors selected will be approximately $270,000 per year. PREVIOUS RELEVANT BOCC ACTION: March 2008- Approved selection of all thirteen vendors who responded to the RFQ for derelict vessel and marine debris removal. November 2007- Approved waiving purchasing policy to allow for removal on derelict vessels until contractors can be qualified and contracts can be executed. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: Approximately $21 ,000 per year BUDGETED: Yes --1L No - COST TO COUNTY: 0 SOURCE OF FUNDS: BIF fund 157 REVENUE PRODUCING: Yes - No.l AMOUNT PER MONTH_ Year - APPROVED BY: County Atty ~ OMB/Purchasing ~ Risk Management ..x DOCUMENT A TION: Included X Not Required_ DISPOSITION: AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Upper Keys Marine Cons Contract # Effective Date: 4/16/08 Expiration Date: 3/18/11 Contract Purpose/Description: A three year contract with Upper Keys Marine Construction, Inc. to provide derelict vessel and marine debris removal throughout the keys. Contract Manager: Richard Jones 2805 Planning & Env. Resources/11 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 4/16/08 Agenda Deadline: 4/1/08 CONTRACT COSTS Total Dollar Value of Contract: $ ~63,000 Current Year Portion: $ ~21,000 Budgeted? Yes[3J No 0 Account Codes: 157-62520-530340-_-_ Grant: $ _-_-_-_-_ County Match: $ _-_-_-_-_ - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (ell;. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Dale In Needed ~. Division Director If/II, YesO No~ I~( Rjsk Manag~l~ent 2MY YesO Nod m . . J UL' ,3' 3 t)~ O.M~./Pur~Sing ~C1'/. YesO NoE] 'Z)".' ,/0:1 dd,e<~ ?3'(O'" County Attorney ..:f;I;( tjo-f YesO NoS . I Comments: OMB Form Revised 2/27/0 I MCP #2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Upper Keys Marine Cons Contract # Effective Date: 4/16/08 Expiration Date: 3/18/11 Contract Purpose/Description: A three year contract with Upper Keys Marine Construction, Inc. to provide derelict vessel and marine debris removal throughout the keys. Contract Manager: Richard Jones 2805 Planning & Env. Resources/II (Name) (Ext.) (DepartmenUStop #) for BOCC meeting on 4/16/08 Agenda Deadline: 4/1/08 CONTRACT COSTS Total Dollar Value of Contract: $ ~63,000 Current Year Portion: $ ~21,000 Budgeted? YesrgJ No 0 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 Changes Date Out Date In Needed Reviewer Division Director _ YesD NoD ~ . '. ) , ~ . . RiskManag~~ent~Y YeSDNod~<~LI 0< ()~ O<~</Pur:ifasing ~D'l YesD NoE( 02u' '/ ct:ZY'?<-r- 31/0.", County Attorney ~Y!dl/a2 YesD NoB ( Comments: OMB Form Revised 2/27/01 MCP #2 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 day of , 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 Keys Marine Construction, Inc. ("CONTRACTOR"), whose address is P.O. Box 2790, Key Larqo, 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 <<An 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 properly 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 Furnish 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 8. 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 c/o 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 bye-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 bye-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 not 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. et 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. 768.28, 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 ContraGt as COMPOSITE EXHIBIT 8. 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 specified 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 "Additionallnsured" 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 governed 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 Witness Whereof, the parties have executed this contract as indicated below. (SEAL) BOARD OF COUNTY COMMISSIONERS DANNY L. KOLHAGE, CLERK MONROE COUNTY Deputy Clerk Charles "Sonny" McCoy , Mayor UPPER KEYS MARINE CONSTRUCTION, INC. Secretary Print Name Print Title and Name: Date: Or Two Witnesses Print Name Print Name EXHIBIT A Copies of Licenses: Occupational License Other Licenses t" ~,fjl::'-~'"'~'~~~;~Y~:l;q:~~1:,Y~~~}:~~1.~r.~_~~~.,;..r:.~~;7;~~~~ I ..-l;~ "" . >;. . ~ " . ",-'" -~,{ ." .. .-- ..... ~-4~ . ---- -- I' Ii L t- ); _s .!!lZ :e t; <'- n{::: < < < .., ~~~ ;i t m 0: fo;~ ! 1- ~ ~ . II) 0 ~; 0 0 0 f-< .!:i .. .. ! u '" .. "" < ~1t..:l . 0: ~ t t--( ~ t--( .. f-< :.:.;:.cC-- ;$ it ~ Z 0.'-'0 ~ ~ 0 ~&! Oi l;; ~ , ,.., U<<l -< < III .., 0 il- ... 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Io-l ~ ~ ......... ~ "'C ~. - Q ~ -=- ..... . ..... = PI' ....., "" '. ~ ~ QJ :::s ..... ~ ~ 0 ..e. ~ ~ Q ~ f L -+-+ ~ ~ -:p ~ ..... ~ t..f ~ ~ I ,.r; -c ~ l- ..... ~ ~t, ....... -+-+ t..f f :.-t t.rt .B ~~.~ ~ ~ -=- ,... e) tf3 ~ COMPOSITE EXHIBIT B Required Forms: Public Entity Crime Statement Ethics Statement Drug-Free Workplace Statement Insurance Documentation PUBLIC ENTITY CRIME STATEMENT . itA person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess ofthe threshold amount provided in Section 287.017, for CATEGORY T\NO for a period of 36 months fro the date of being placed on the convided vendor list. It I have read the above and state that neither Upper Keys Marine COltSt., Ine (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. ~ML (Slgnat Date: January 31, 2008 STATE OF: Florida COUNTY OF: Monroe , Subscribed and sworn to (or affirmed) before me on January 31, 2008 (date) by David L DeBrule (name of affiant). He/She is ~SOnallY ~n to me or has produced (type of identification) as identification. - ,......", RITA HARVEY /o~.", F'u/,>", Notary Public, Stale of Florida -"* .0, 3~ =. . .=MyCommisOOnExpleSMay , My Commission Expires: maj '1 200K \~/.* :~i Commission # DO 313800 '..;:: OF "f,," Bonded B National Notary Assn. "flll'" Y . ~29- - - - LOBBYING AND CONFLICT OF INTER-EST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 . MONROE COUNTY, FLORIDA ETHICS CLAUSE 11 UPPER KEYS MARINE CONSTRUCTION, INC. 11 (Company) "... warrents that he/it 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. 010-1990. 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." dt fU at Date: January 31, 2008 , STATE OF: Florida COUNTY OF: Monroe Subscribed and sworn to (or affirmed) before me on January 31, 2008 (date) by David L DeBrule (name of affiant). He/She is ~IY kno~ me or has produced (type of identification) as identification. NOTARY PUBLIC ,........" RITA HARVEY My Commission Expires: may (~ 2 a1f o~'f,:~:;':;.'.;. Notary Public - State of Florida ~ 0 : : . EfvtyCcmmissbnExpies May 3, 2003 ',<.: ~tJ/ Commission # DO 313800 ~/t UF fI- ," "",.."., Bonded By National NotoryAssn. , -26- -~-,-- NON-COLLUSION AFFIDAVIT 1 David L DeBrule of the city of Key Largo according to law on I . . my oath, and under penalty of pelJury, depose and say that 1 . I am President of the firm of UPPER KEYS MARINE CONSTRUCTION, INC. the bidder making the Proposal for the project described in the Request for Proposals for Removal, Refloating and/or Demolition and Disposal of Derelict Vessels 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, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4. no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. , Date: January 31, 2008 STATE OF: Florida COUNTY OF: Monroe Subscribed and sworn to (or affirmed) before me on January 31, 2008 (date) by David L DeBrule (name of affiant). He/She is ell~ me or has produced (type of identification) as identification. , ",,, "'" RITA HARVEY r!j!?rA~Lrtt ~<,'>H' ""':::"~ Notary Public, State of Florida -u~. ('. . May32CX)3 ~. : : . ~CommisOOnE>q::lieS , '0'- . . "'~} Commission # DO 313800 My Commission Expires: (Y)uy :1/ )Qof' ";;:'~Rr,::;~~'"'' Bonded By NationOI Notary Assn. -27- -- DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: . UPPER KEYS MARINE CONSTRUCTION, INC. (Name of Business) 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, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms o~ the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenderre to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community I or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through , implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. (&cf1 U Date: January 31, 2008 STATE OF: Florida COUNTY OF: Monroe Subscribed and sworn to (or affirmed) before me on January 31, 2008 (date) by David L DeBrule (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. . "llflt, RITA HARVEY ~";'~:"" P,,~><- Notary PubliC, state of Florida .~. _C'. . May320)8 :. . . =My Cornn'\iS5bI1 ExpieS . \:,:. :~i Commission # DO 313800 '.', (1',' Nota Assn t"'~Ntl:'~"""" Bonded By NationOt ry . , . ISSUED BY THE STOCK INSURANCE COMPANY HEREIN CALLEO THE COMPANY AGENT NUMBER POLICY NUMBER THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA 96184-0000 WC 295-81-03 13889 ----..-........ --... --.. -- -_... ------------ --- -----..... --- 013-82-040]-00 PENNSYLVANIA , ....- . . . NAME) ~~ Member Companies of American International Group EXECUTIVE OFFICES: 70 PINE STREET, NEW YORK, N.Y. 10270 SEE NAME AND ADDRESS SCHEDULE - WC990610 1.0# PRODUCERS NAME &. MAILING ADDRESS INTERNATIONAL SPECIAL RISKS INC. WORKERS COMPENSATION AND EMPLOYERS PO BOX 23160 LIABILITY POLICY INFORMATION PAGE RICHMOND, VA 23223-0000 INSURED IS PREVIOUS POLICY NUMBER CORPORATION RENEWAL 002 OTHER WORKPLACES NOT SHOWN ABOVE: SEE NAME AND ADDRESS SCHEDULE - WC 0610 ITEM 2 POLICY PERIOD 12:01 AM. standard time et the Insured's mailing address FROM 04/01/0] TO 04/01/08 ITEM 3 A. Workers Compensation Insurance: Part One of the policy applies to the Workers Compensation Law of the states listed here: FL B. Employers liability Insurance: Part Two of the policy applies to the work in each state listed In item 3.A. The limits of our liability under Part Two are: Bodily Injury by Accident $ 100,000 each accident Bodily Injury by Disease $ ~OO.OOO policy limit Bodily Injury by Disease $ 100.000 each employee C. Other States Insurance: Part Three of the policy applies to the states, if any, listed here: AK AL AR AZ CA CO CT DC DE GA HI IA 10 I L IN KS KY LA MA MD ME MI MN MO MS MT NC NE NH NJ NM NV NY OK OR PA RI SC SO TN TX UT VA VT WI ITEM 4 The premium for this policy will be determined by our Manuals of Rules, Classifications, Rates and Rating Plans. All information required below Is subject to verification and change by audit. Estimated Total Rete Per Estimated Classifications Code Number Remuneration $100 OF Re- Premium 00 Annual 0 3 Year muneratlon 00 Annual 0 3 Year SEE EXTENSION OF INFORMATION PAGE - WC7754 EXPENSE CONSTANT (EXCEPT WHERE APPLICABLE BY STATE) $200 FL MINIMUM PREMIUM $ 1 ,000 FL TOTAL ESTIMATED PREMIUM $32,853 If Indicated below, interim adjustments of premium shall be made: o Semi-Annually o Quarterly o Monthly DEPOSIT PREMIUM ENDORSEMENTS (FORM NUMBER) SEE ATTACHED FORM SCHEDULE - WC990612 , 04/09/07 PARSIPPANY 82 Issue Date Issuing Office WC 00 00 Ot 39967 . FORMS SCHEDULE POLICY ENDORSEMENT SCHEDULE Policy Number: we 295-81-03 Effective Date: 04/01/2007 . FORTRSM FOREIGN TERRORISM POLHOLDR NOT-PREM DTMN weooo106A LONGSHORE AND HARBOR WC ACT COVERAGE WCOO0308 PARTNERS, OFFICERS, AND OTHERS EXCLUSION WCOO0406A PREMIUM DISCOUNT ENDORSEMENT WCOO0414 NOTIFICATION OF CHANGE IN OWNERSHIP ENDT WCOFAC NOTICE REG OFFICE OF FOREIGN ASSET CTRL WC090606 FL EMPLOYMENT AND WAGE INFO RELEASE ENDT 780520 PR I VACY POll CY WCOOO419 PREMIUM DUE DATE ENDORSEMENT WC090303 FLORIDA EMPLOYERS LIABILITY COVERAGE END WC090401 FL CONTRACTING PREM ADJUST ENDT WC090403 FL TERRORISM RISK INSURANCE EXT ACT ENDT WC990903 FL CANCELLATION AND NONRENEWAL ENDT WC990911 FLORIDA ADDENDUM TO THE DECLARATIONS WC990013 FIRST NAMED INSURED ENDORSEMENT LWNMANUOOl MANUSCRIPT ENDORSEMENT WC990610 NAMED INSUREDS/ADDRESSES . , WC 9906 12 (Ed. 1/97) -- -- - - - -. . .. .. Page 1 of 1 STANDARD WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY EXTENSION FORM WC 295-81-03 FLORIDA 094881250 . Policy Prefix & No. Schedule INTRA/Independent State Risk ID --........ ...-- -.. ----- ---- ...---- 013-82-0407-00 JTD CONTRACTING, INC. Item 4. CI""''''ifi.-ation of ODerations Premium Basis R"t..", Entries in this item, except as specifically provided elsewhere in this polley, Code Estimated Tota' Per $100 of Estimated do not modify any of the other provisions of this policy. No. Annual Remuneration Remuneration Annual Premiums RATING GROUP: 0001-01 CONCRETE CONSTRUCTION NOC 5213 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 & DRIVERS CARPENTRY NOC 5403 34,56 18.25 6,308 CARPENTRY NOC 5403F 15,05~ 42. 16 6,346 CONTRACTOR-EXECUTIVE SUPERVISOR OR 5606 125,261 3.41 4,271 CONSTRUCTION SUPERINTENDENT MARINE PILE DRIVING, DOCK & SEAWALL, 6006 2, 10f 28.48 600 JETTY OR BREAKWATER, DIKE OR REVETMENT CONSTRUCTION-ALL OPERATIONS TO COMPLETION & DRIVERS EXCAVATION & DRIVERS 6217 95,231 9.33 8,885 DRIVERS, CHAUFFEURS AND THEIR HELPERS 7380 15,24C 8.74 1 ,332 NOC - COMMERCIAL. 4IIIITRUCTION OR ERECTION PERMANENT YARD. 8227 64, 10E 8.22 5,270 ICAL OFFICE EMPLOYEES NOC. 8810 33,27C 0.48 160 STATE OF FLORIDA TOTALS TOTAL CLASSIFICATION PREMIUM 35,441 TOTAL UNMODIFIED PREMIUM 35,441 EXPERIENCE PREMIUM (ACTUAL) o . 980e 9898 -709 MODIFIED STANDARD PREMIUM 34,732 UNDISCOUNTED PREMIUM 34,732 PREMIUM DISCOUNT -6.50~ 0063 -2,258 DISCOUNTED PREMIUM 32,474 EXPENSE CONSTANT 0900 200 FOREIGN TERRORISM (TRIA) 0.04~ 9740 179 TOTAL ESTIMATED PREMIUM 32,853 TOTAL DUE 32,853 EXPERIENCE RATING MODIFICATION = 0.98 , WC 7754 (Ed. 4-81) See Name and Address Schedule - WC990610 -,~_., PLE~SE REVIEW THIS BINDER/POLlCY CAREFULLY AS THE COVERAGE . TERMS ANi} CONDITlor"s MAY ~, Polley Number: QSJH90033 VARY FAO;~fl.. THOSE fNfYIAlL Y ." . Renewal of Number: PXMC-850714 REQUESTED III YOUn SUUM,S<1lOf< One Beacon INSURANCE MARINE COMPREHENSIVE LIABILITY OneBeacon Insurance Company A member of the One Beacon Insurance Group COVERAGE PART DECLARATIONS 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. dba 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.) Item 2. Policy Period: From: February 9, 2007 To: February 9,2008 At 12:01 AM Standard Time at the Mailing Address Shown Above . Item 3. 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 5. 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 6. 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 tf, , Renewal of Number: PXMC-850714 One Beacon I N S U R A N C E 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 inception Item 8. Form(s) and Endorsement(s) 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 d~leted. Section IV - The words "captain or crew of watercraft you own 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 Endorsement' (MCL 0295113) Paragraph.2.a. 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 VI , Renewal of Number: PXMC-850714 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. ~ ~ ~R,~ T. Michael Miller, President & CEO Dennis R. Smith, Secretary Countersigned Date: By: Authorized Representative , :" ,it. >'-,-' . V , _mmN_ _~__ OM 70 03 07 00 Page 3 of 3 POLICY NUMBER Issuing Town or City Date Previous Number Year KISt( New Renewal Conversion POLICY NUMBER . New BA 4J 37 17 Lake Mary SEA 04-19-07 BA 4J 37 17 2005 0 t'2J 0 BA 4J 37 17 Coverage is provided by the company indicated by an "X" . COMMON DECLARATIONS r8JHarleysville Mutual Insurance Company COMMERCIAL POLICY Named JTD Contracting, Inc. Agent Agents Code/Sub Insured Upper Keys Marine Construction SeaCoast Underwriters, Inc. 10-0350 and P. O. Box 2790 Northpoint II Mailing Key Largo, FL 33037 1035 Greenwood Boulevard, Suite 419 Address Lake Mary, FL 32746 Policy Period: From: 04-15-07 To: 04-15-08 Business Description: Form of Business: General Contractor 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 WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. 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. r8J Business Auto o Garage o Truckers o Motor Carrier Commercial Crime Coverage Part ......................................................................... $ . Commercial General Liability Coverage Part......................................................... $ o Occurrence o Claims Made Commercial Inland Marine Coverage Part............................................................. $ Commercial Property Coverage Part ..................................................................... $ Farm Coverage Part ............................................................................................... $ FHCF Assessment ...................................... $ 167.70 Total 1$ 16,937.70 I 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 Part(s) to determine application of coverage.) Number 1 97674 Overseas Highway, Key Largo, Monroe County, FL 33037 Number 2 Forms 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. 2886(02-05) 2887(1-01) 2909(03-98) 8T-7394(12-02) 8T-7421 (02-03) 8T-7492(3-04) Countersigned by 6~ gcrC~ 3}YW7 I Auth zed 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; Audit r8JHarleysville Mutual Insurance Company Coverage is provided by the company indicated by an "X" COMMERCIAL AUTO COVERAGE PART - FLORIDA . BUSINESS AUTO COVERAGE FORM DECLARATIONS ITEM ONE Named Insured Policy Number JTD Contracting, Inc. BA 4J 37 17 Coverage Part Effective Policy Period 04-15-07 From 04-15-07 To 04-15-08 ITEM TWO SCHEDULE OF COVERAGES AND COVERED AUTOS This policy provides only those coverages where included (INCL) is shown in the premium column below. Each of these coverages will apply only to those "autos" shown as covered "autos." "Autos" are shown as covered "autos" for a particular coverage by the entry of one or more of the symbols from the COVERED AUTO Section of the Business Auto Coverage Form next to the name of the coverage. COVERED AUTOS LIMIT (Entry of one or more of the PREMIUM COVERAGES symbols from the COVERED (Enter 'INCL' AUTO Section of the Business THE MOST WE WILL PAY FOR ANY ONE if coverage Auto Coverage Form shows 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 equivalent No-Fault coveraQe) Specified Applicable Deductible. 257. ADDED PERSONAL INJURY PROTECTION (or equivalent Separately Stated In Each Added PIP Endorsement Added No-Fault coverage) AUTO MEDICAL PAYMENTS 2 $ 2,000. 42. . UNINSURED MOTORISTS 2 $ 50,000. 527. Actual Cash Value or Cost of Repair, Whichever is Less W COMPREHENSIVE Minus any Specified Deductible Under Item THREE or 1,107. C> COVERAGE 7,8 FOUR Applicable for Each Covered Auto For All Loss < :E Except Fire or LiQhtninQ. < SPECIFIED CAUSES OF Actual Cash Value or Cost of Repair, Whichever is Less Cl Minus $25 Deductible for Each Covered Auto for Loss ...J LOSS COVERAGE Caused by Mischief or Vandalism. < 0 Actual Cash Value or Cost of Repair, Whichever is Less en COLLISION COVERAGE 7,8 Minus any Specified Deductible Under Item THREE or 2,526. >- FOUR for Each Covered Auto. J: Q. TOWING AND LABOR $ For Each Disablement of a Private Passenger Auto ESTIMATED TOTAL PREMIUM FOR THIS COVERAGE PART I $ 16,770. FORMS AND ENDORSEMENTS applying to this Coverage Part: IL 00 21 (07-02) CA7026(07-00) CA0001(10-01) CA7193(06-00) CA7189(05-00) CA7187(05-00) CA7190(05-00) CA0128(02l03) CA0267(10-94) CA0022(02-99) CA2172(02-01) CA221 0(1 0-02) CA2356(11-02) CA2201 (01-87) CA991 0(1 0-01) CA71 00(1 0-01) CA9903(12-93) CA0045(03-03) CA9944(12-93) CA0051 (12-04) <( eountersigned by /) ~ ~~ ,~J'7/O) CO , Auth zed Represen . Date , 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 Business Auto Coverage Form Declarations (continued) POLICY NO. SA 4J 37 17 An (X) in premium column below denotes coverage is provided. ITEM THREE - seHEDULE OF eOVERED AUTOS YOU OWN Place of Principal Garaging Radius 01 # ORIGINAL * Vehicle Identification Business Use Year Trade Name and Body Type Operation COST NEW GWV/GCW Number (VIN) TefT Location Zone (Miles) S R C Of SYMBOL 1 EE SCHEDULE ATTACHED 2 3 4 5 COVERAGES/PREMIUM INDICATOR AND DEDUCTIBLE CODES An (X) denotes premium is included and Coverage is provided. Added Mad. Insurance Specified Tow- No. Liability PIP PIP Pay. UM UIM Class Valuation Comprehensive Causes 01 Loss Collision ing (Stated AmI.) Code + Code t Code @ 1 , , , , , 2 , , , , , , , 3 , , , , , , , 4 , , , , , , , , , , , 5 , , , , , , Codes *GVW-Gross Vehicle Weight; GCW-Gross Combination Weight @Collision Deductible: A-$50, 8-$100. C-$150, D-$2oo, E-$250, F-$5oo, G-$1000, #8usiness Use: S=Service; R=Retail; C=Commercial H-$2ooo, 1-$3000, J-See Endorsement -+Comprehensive Deductible: A-No Deductible, 8-$50, C-$1OO, 0-$200, E-$250, F-$5oo, tSpecified Causes of Loss: A-Fire; B-Fire and Theft. C-Fire, Theft and Windstorm; D-Umited G-$1ooo, H-$2000, 1-$3000, J-See Endorsement Specified Causes of Loss; E-Specified Causes of Loss Exce t for Towin ,All Ph sical Dama e Loss Is Pa able to You And The Loss Pa ee Named Below As Interests Ma A ar At The Time Of Loss. LOSS PAYEE(S), (Name and Address) See Loss Payable Clause uto Name Street, City, State and Zip Number Orlando Freightliners 2455 S Orange Blossom Trail, Apopka, FL 32703 GMAC P.O. Box 2525, Hudson, OH 44236 010 First Estate Bank of Ke Lar 0; Insurance Service etr. 1201 Simonton Street, Ke West, FL 33040 ITEM FOUR - SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE. LIABILITY INSURANCE - RATING BASIS, COST OF HIRE STATE ESTIMATED COST OF HIRE FOR EACH STATE PREMIUM FL IF ANY $102. Cost of hire means the total amount you incur for the hire of autos you don't own (not including autos you borrow or rent from your partners or employees or their family members). eost of hire does not include charges for services performed by motor carriers of property or passengers. PHYSICAL DAMAGE COVERAGE COVERAGES LIMIT OF LIABILITY - THE MOST WE WILL PAY DEDUeTIBLE PREMIUM eOMPREHENSIVE Actual Cash Value, eost of Repairs or $ 35,000. Whichever is Less, Minus $15. $ 500. Deductible for Each eovered Auto, For All Loss Except Fire or Lightning. SPEelFIED eAUSES Actual eash Value, eost of Repairs or $ Whichever is Less, Minus OF LOSS $25 Deductible for Each eovered Auto, for Loss eaused by Mischief or Vandalism. COLLISION Actual eash Value, eost of Repairs or $ 35,000. Whichever is Less, Minus $10. $ 500. Deductible for Each eovered Auto PHYSleAL DAMAGE INSURANeE for covered autos you hire or borrow is excess unless indicated below by "181." o if this box is checked, PHYSleAL DAMAGE INSURANeE applies on a direct primary basis and for purposes of the condition entitled 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 Number of Employees Number of Volunteers Includes copyrighted material of Insurance Services Office, with its permission. Copyright, Insurance Services Office, 1985. CA-7026 (Edition 7-00) Page 2 of 2 One Copy Each - Insured; Home Office; Agent; Branch Office; Audit VEHICLE SCHEDULE No.#1 iRED I Policy Number: JTD Contracting, Inc. BA 4J 37 17 CLES Place of baraging Radius of Business Use ORIGINAL . Vehicle Identification S=Service No. Year Trade Name and Body Type GWI!/GCW Number (VIN) Principal Terr. Operation R=Retail COST NEW Location Zone (Miles) C=Commercial or SYMBOL 001 1999 !chevy Pickup Truck . 1GBHC33R6XF015023 FL 132 I S 18,000. 002 1994 Hoop Trailer-Lowboy v 1H9FB243P10473131 FL 132 I 15,000. 003 1987 Eager Beaver Trailer Low- 112HGBZOXHT350319 FL 132 I 10,000. Boy 004 1987, Continental Trailer /1 ZJBSZOZ5H 1 006848 FL 132 I ~,500. 005 12001 Chevy Silverado Flatbed 1GBJC39U31 F117173 FL 132 I S 128,000. Truck c' 006 1995 Ford LN900 / ~. FDYR90V1 SV A06593 FL 132 I S ~4,336. 007 1975 Great Dane Trailer Flatbed .1314958 FL 132 I 121,000. 008 1999 Freightliner MOL FL 70 .../ 1 FV3HJAC9XHA56560 FL 132 I S 53,000. 009 2004 K;MC Sierra Pickup ,./ 1 GTHK231 04F168026 FL 132 I S 33,481. 010 ?005 Chevrolet Pickup /" 1 GCJK33285F879300 FL 132 I S 33,000. ERAGE/PREMIUM INDICATOR AND DEDUCTIBLE CODE ([X] Denotes premium is included and coverage is afforded.) Insurance Compre- Specified Added Med. Causes of Collision Tow- No. Liability PIP PIP PPI Pay UM UIM Class Valuation hensive Loss Deductible ing (Slated Am!.) Deductible Deductible 001 1217. p2. b. 3. D1589 84. l:: 132. 002 159. 5. 1. 3. ~8589 35. 51. 003 159. 5. 1. k3. ~8589 28. 42. 004 159. 5. 1. ~3. 68589 28. 42. 005 1270. 2. 5. 43. 21589 88. 159. 006 ?500. 2. 5. 43. 34549 l.- 146. "- 485. 007 159. 5. 1. 43. 58589 "- 44. l:: 65. 008 ?500 p2. b. 3. 34549 148. 447. 009 1217. 132. /5. 3. P1589 l:: 136. 251. 010 1217. p2. b. 43. p1589 F 143. 1= 295. S: WI! - Gross Vehicle Weight; GCW - Gross Combination Weight CA-7100 (Ed. 10-01) VEHICLE SCHEDULE No.#2 Policy Number: BA4J 3717 VEHICLES Place of Garaging Radius of Business Use ORIGINAL * Vehicle Identification S=Service No. Year Trade Name and Body Type GVW/GCW Number (VIN) Principal Terr. Operation R=Retail COST NEW Location Zone (Miles) C=Commercial or SYMBOL 011 2005 fA.nderson Trailer ~.. ~YNBN18295C033566 FL 132 I 5,000. 012 ?007 ~hevrolet Avalanche 3GNFK12397G163793 FL 132 I S 42,000. lERAGElPREM'UM 'NDlCATOR ANO OEDUCT'BLE CODE ([X] ""oote, p,em;,m;, ;oo','ed oe' o,,,.,age" affo"ed.) Insurance Com pre- Specified Added Med. Causes of Collision Tow- No. Liability PIP PIP PPI Pay UM UIM Class Valuation hensive Loss Deductible ing (Stated Am!.) Deductible Deductible 011 159. 5. 1. 3. 68589 Ie 33. 55. 012 1217. ~2. lb. 143. 01589 Ir- 154. k= 437. DES: GVW - Gross Vehicle Weight; GCW . Oro:!:! Combination Weight CA-7100 (Ed 10-01) POLICY NUMBER: COMMERCIAL AUTO CA 22 10 10 02 . THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA PERSONAL INJURY PROTECTION 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 indicated below. Endorsement Effective: 04-15-07 Countersigned By: Named Insured: JTD Contracting, Inc. (Authorized Representative) 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 Any Personal Injury Protection deductible shown in the Declarations of $ is applicable to a the following "named insured" only: a each "named insured" and each dependent - "family member". a Work loss for "named insured" does not apply. a Work loss for "named insured" and dependent - "family member" does not apply. Benefits Limit Per Person Total Aggregate Up to $10,000 Limit Death $5,000 Benefits (included in aggregate) Medical 80% of medical expenses Expenses subject to total aggregate limit Work Loss 60% of work loss subject to total aggregate limit Replacement subject to total I Services Expense aggregate limit If no entryappears above, information required to complete this endorsement will be shown in the Declarations las applicable fo this endorsement.) CA 22 10 10 02 @ ISO Properties, Inc., 2002 Page 1 of 6 a . 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 with respect to an overdue claim until 7 person has been paid or is entitled to be paid 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 law. 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. certified or regis- received from any insurer for the same ele- tered mail. ments of loss 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 Unless prohibited by the Florida Motor Vehicle person. The insurer paying the benefits shall be No-Fault Law, in the event of payment to or for entitled to recover from us its pro rata share of the benefit of any injured person under this the benefits paid and expenses incurred in coverage: handling the claim. a. We will be reimbursed for those payments, 4. The deductible amount shown in the Schedule not including reasonable attorneys' fees and will be deducted from the lesser of: other reasonable expenses, from the pro- a. The total benefits otherwise payable under ceeds of any settlement or judgment result- this insurance to anyone person in anyone 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" from which the payment arises. We will also The total benefits otherwise payable means the have a lien on those proceeds. total amount of medical expenses, work loss, b. If any person to or for whom we pay bene- and replacement services expenses after the application of any percentage limitation set fits has rights to recover benefits from an- forth in the Schedule. The deductible does not other, those rights are transferred to us. apply to the death benefit. That person must do everything necessary to secure our rights and must do nothing af- . E. Changes In Conditions 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. Duties In The Event Of Accident, Claim, Suit vehicle", as defined in the Florida Motor Ve- Or Loss hicle No-Fault Law, shall be entitled to re- In the event of an "accident", the "named in- imbursement to the extent of the payment sured" must give us or our authorized repre- of personal injury protection benefits from sentative prompt written notice of the "acci- the "owner" or the insurer of the "owner" of a commercial "motor vehicle", as defined in dent". the Florida Motor Vehicle No-Fault Law, if If any injured person or his or her legal repre- 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- 4. The following condition is added: tion must be forwarded to us as soon as possi- ble by the injured person or his or her legal rep- Payment Of Benefits resentative. Personal injury protection benefits payable un- 2. Legal Action Against Us is changed by add- der this coverage 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- tice of the covered "loss" and the amount of the no one may bring a legal action against us covered "loss" in accordance with the Florida under this insurance until 30 days after the Motor Vehicle No-Fault Law, required written notice of "accident" and reasonable proof of claim have been filed , with us. CA22101002 @ ISO Properties, Inc., 2002 Page 3 of 6 0 4. Provisional Premium c. As respects the "named insured", while "occupying" a "motor vehicle" of which a . In the event of any change in the rules, rates, "family member" is the "owner" and for rating plan, premiums or minimum premiums which security is maintained under the Flor- applicable to the insurance afforded, because ida Motor Vehicle No-Fault Law outside the of an adverse judicial finding as to the constitu- state of Florida but within the United States tionality of any provisions of the Florida Motor of America, its territories or possessions or Vehicle No-Fault Law providing for the exemp- Canada. tion of persons from tort liability, the premium G. Additional Definitions stated in the declarations for any Liability, Medical Payments and Uninsured Motorists in- As used in this endorsement: surance shall be deemed provisional and sub- 1. "Motor vehicle" means any self-propelled vehi- ject to recomputation. If this policy is a renewal cle with four or more wheels which is of a type policy, such recomputation shall also include a both designed and required to be licensed for determination of the amount of any return pre- use on the highways of Florida and any trailer mium previously credited or refunded to the or semitrailer designed for use with such vehi- "named insured" pursuant to Sections 627.730 cle; through 627.7415 (1988) of the Florida Motor However, "motor vehicle" does not include: Vehicle No-Fault Law with respect to insurance afforded under a previous policy. a. A mobile home; If the final premium thus recomputed exceeds b. Any "motor vehicle" which is used in mass the premium shown in the Declarations, the transit, other than public school transporta- "named insured" shall pay to us the excess as tion, and designed to transport more than well as the amount of any return premium pre- five passengers exclusive of the operator of viously credited or refunded. the motor vehicle and which is owned by a 5. Special Provisions For Rented Or Leased municipality, a transit authority, or a political Vehicles subdivision of the state. Notwithstanding any provision of this coverage 2. "Family member" means a person related to to the contrary, if a person is injured while "oc- the "named insured" by blood, marriage or . cupying" or through being struck by, a "motor adoption including a ward or foster child who is vehicle" rented or leased under a rental or a resident of the same household as the lease agreement, the personal injury protection "named insured". afforded under the lessor's policy shall be pri- 3. "Named insured" means the person or organi- mary, unless the face of the agreement con- zation named in the Declarations of the policy tains, in at least 10-point type, the following and, if an individual, shall include the spouse if language: a resident of the same household. The valid and collectible personal injury pro- 4. "Occupying" means in or upon or entering into tection insurance of any authorized rental or or alighting from. leasing driver is primary for the limits of 5, "Owner" means a person or organization who personal injury protection coverage required holds the legal title to a "motor vehicle", and by Section 627.736, Florida Statutes. also includes: 6. Policy Period; Territory a. A debtor having the right to possession, in The insurance under this Section applies only the event a "motor vehicle" is the subject of to "accidents" which occur during the policy pe- a security agreement; riod: b. A lessee having the right to possession, in a. In the state of Florida; the event a "motor vehicle" is the subject of b. As respects the "named insured" or any a lease with option to purchase and such "family member" , while "occupying" the lease agreement is for a period of six covered "motor vehicle" outside the state of months or more; and Florida but within the United States of America, its territories or possessions or Canada; and , CA22101002 @ ISO Properties, Inc., 2002 Page 5 of 6 0 POLICY NUMBER: BA 4J 37 17 COMMERCIAL AUTO CA 21 72 02 01 , THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA UNINSURED MOTORISTS COVERAGE - NON-STACKED 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) At SCHEDULE Limit 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 b. A tentative settlement has been made 1. We will pay all sums the "insured" is legally between an "insured" and the insurer of entitled to recoyer as compensatory dam- the "underinsured motor vehicle" and we: ages from the owner or driver of an "unin- (1) Have been given prompt written notice sured motor vehicle". The damages must re- of such tentative settlement; and suit from "bodily injury" sustained by the "in- (2) Advance payment to the "insured" in sured" caused by an "accident". The owner's an amount equal to the tentative set- or driver's liability for these damages must tlement within 30 days after receipt of result from the ownership, maintenance or notification. use of the "uninsured motor vehicle". 3. Any judgment for damages arising out of a 2. With respect to damages resulting from an "suit" brought without our written consent is' "accident" with a vehicle described in Para- not binding on us. graph b. of the definition of "uninsured motor vehicle", we will pay under this coverage only B. Who Is An Insured if a. or b. below applies: 1. You. a. The limit of any applicable liability bonds 2. If you are an individual, any "family member". or policies have been exhausted by judg- , ments or payments; or CA 21 72 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: writing by certified or registered mail of a . tentative settlement between the "insured" 1. Other Insurance in the Business Auto and and the insurer of the vehicle described in Garage Coverage Forms and Other Insur- Paragraph b. of the definition of an "un in- ance - Primary And Excess Insurance 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- 3. Transfer Of Rights Of Recovery Against age Forms or policies combined may Others To Us is changed by adding the fol- equal but not exceed the highest applica- lowing: ble limit for anyone vehicle under any If we make any payment 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- a. Have been given prompt written notice of mary basis. a tentative settlement between an "in- c. If the coverage under this Coverage Form 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 Iiabil- If we advance payment to the "insured" in an ity for coverage on a primary basis. amount equal to the tentative settlement (2) On an excess basis, we will pay only within 30 days after receipt of notification: our share of the loss that must be paid a. That payment will be separate from any under insurance providing coverage on amount the "insured" is entitled to recover an excess basis. Our share is the pro- under the provisions of Uninsured Motor- portion that our limit of liability bears to the total of all applicable limits of Iiabil- ists 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 (a) Whether that person is legally enti- b. Promptly send us copies of the legal pa- tied to recover damages under this pers if a "suit" is brought. endorsement; or I CA 21 72 02 01 Copyright, Insurance Services Office, Inc., 2000 Page 3 of 5 0 d. For which neither the driver nor owner However, "uninsured motor vehicle" does not can be identified. The land motor vehicle include any vehicle: or trailer must: a. Owned by a governmental unit or agency; . (1) Hit you or any "family member", a cov- b. Designed for use mainly off public roads ered "auto" or a vehicle you or any while not on public roads; or "family member" are "occupying"; or c. Owned by or furnished or available for the (2) Cause an "accident" resulting. in "bod- regular use of you or any "family m~mber" ily injury" to you or any "family mef!1- unless it is a covered "auto" to which the ber" without hitting you, any "famIly Coverage Form's Liability Coverage ap- member", a covered "auto" or a vehicle plies and liability coverage is excluded for you or any "family member" are "occu- any person other than you or any "family pying". member". If there is no physical contact with the land motor vehicle or trailer, the facts of the "accident" must be proved. We will only accept competent evidence ot~er than the testimony of a person making claims under this or any similar coverage. . .,,- ~2'" , CA 21 72 02 01 Copyright, Insurance Services Office, Inc., 2000 Page 5 of 5 0 , POLICY NUMBER: BA 4J 37 17 COMMERCIAL AUTO , 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 (Authorized Representative) SCHEDULE Name of Individual State Premium . ",~ \it. Johnny, Gail, David & Dawn Florida $8.00 Debrule (If no entry appears above, information required to complete this endorsement will 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 01 01 87 Copyright, Insurance Services Office, Inc., 1986 Page 1 of 1 0 . , POLICY NUMBER: BA 4J 37 17 COMMERCIAL AUTO CA 99 10 10 01 . THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFUU. Y. DRIVE OTHER CAR COVERAGE - BROADENED COVERAGE FOR NAMED INDIVIDUALS This endorsement modifies insurance provided under the fDllowing: 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: Named Insured: JTD Contracting, Inc. (Authorized Reoresentative) SCHEDULE " -{',! .~ ',,"- Auto Medical ,,':J Name Of Individual liability Payments limit Premium limit Premium Johnny & Gail Debrule 500,000. $171. 2,000. $2. David & Dawn DebruJe Physical Uninsured Underinsured Damaae Name Of Individual Motorists Motorists Compo Col/. limit Premium limit Premium Johnny & Gail Debrule 50,000. $11. $25. $55. David & Dawn Debrule Note - When uninsured motorists is provided 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 1001 @ ISO Properties, Inc., 2000 Page 1 of 2 0 ~-__l Pjj~ASE. iiEV1E'N THIS 8l1'JDEFlIPOUCY Cover Note Number: TRC-402086 C,;.:.REFUlLV' P.::; THE COVEl:1ACE, Renewal of Cover Note Number: TRC-401751 ~jViS /,,~[) COMDlTIONS MAY '-~y FF;();iJ -n-IOSE It\1lTiALL Y COVER NOTE ~~A 'jf.:S.'ff" !-~ r~\'~ Y'~~ltr,,; $JJ~~f\/'~;t~~('\~.j OF INSURANCE EFFECTED THROUGH - "'"'--.. -- '" ~ --' <:; ....y. ...:._ ....... ......'l' - .. TRIDENT MARINE MANAGERS, INC. TRIDENT 14425 Torrey Chase Blvd., Suite 200, Houston, TX 77014-1648 \".AJ In accordance with authorization granted to TRIDENT MARINE MANAGERS, INC. by certain admitted and/or non admitted insurers (hereinafter called "UNDERWRITERS") whose names and proportions underwritten by them are or will be on file in the office of TRIDENT MARINE MANAGERS, INC., and in consideration of the stipulations and premiwn shown, TRIDENT MARINE MANAGERS, INC. has placed msonlnce fo, the limits 0' ~e~~~~dL'i8Ii A0343' the lenn shpolaled, a,wthng to the followmg: S.L. Agent AlI:n5s: 6161 8Iuo lagoon Orivo fI4 NAME OF ASSURED: JTD Contracting, Inc. dba Upper Keys Marine Construction Miami. FL 33126 PrcdOOng~ ti 'dL4~ /lccf.....->../~. V~. ADDRESS: P.O. Box 2790 Key Largo, FL 33037 Producing Agent Address: 6161 Blue lag:rn Drive #4: Miami. FL 33126 TERM: From: February 9, 2007 To: February 9, 2008 At the times as per the attached. OPERA nON OR CLASS OF BUSINESS: Marine construction ID,DC' o. /)1) Gross /";)remium: _,. AMOUNT OR LIMIT: As per the attached. Fies: Insp3ctlon: ,<;;vc,.{lC TYPE OF COVERAGE: As per the attached. Policy: IO".l'{\ #-~ ~U-;___ Other: Acting upon the instructions of: Butler, Buckley, Deets, Inc. ~.L. Tax (5%):.) jt).C(' FSLSO fee (.~%): 6161 Blue Lagoon Dr., Suite 420 EPMA Fer,;: ..<I... Miami Lakes, FL 33126 . We confinn that we, the undersigned, have ('cr.f.rr,I;:.Wri l: I~ !Ll'U/ a-::;' , lle -..... .. ~......-- procured insurance as hereinafter specified from: Lloyd's of London Underwriters - as per attached (hereinafter called the "UNDER WRITERS"). Producing ARent, the A-ssuroo's Premium: $10,000.00 Agent here nafter called "The Certificate Pee: $500.00 Producer", shall remit apP1le- Federal Tax: % able state taxes to Trident Mar ne . 0 Managers, Inc. for the State of State Tax. Yo T . . . The Producer assumes S . F o/t: eX3S. h . t tamplOg ee: , all rasftonSlblillY lor sue St. a Total: $10,500.00 tax~s, f any, In aU other st~1~~~ Whichever party Is respon:slbl.: NOTICE: NO FLAT CANCELLATIONS ALLOWED for the payment of taxes shall also be responsible fer fulJ c.om- ~lIance with relevant. surplus hnes aws 'Of the (jitter staies, Inclu~lng the flilO!;i of affidavit and other uoc- ument:!, ~J any. This Cover Note is made and accepted subject to all the provisions, fonus, endorsements an conditions set forth herein or appearing in this Cover Note which are specifically referred to and made a part of this Cover Note, together with such other provisions, conditions, fonus and endorsements as may be endorsed herein, or attached hereto; and no officer, agent, broker or representative other than TRIDENT MARINE MANAGERS, INC. Houston, Texas, or the UNDERWRITERS shall have the power to waive or be deemed to have waived any provision, condition, form or endorsement of the Cover Note unless such waiver, if any, shall be issued and executed by TRIDENT MARINE MANAGERS, INC. Houston, Texas, nor shall any privilege or permission affecting the Insurance under the Cover Note exist or be claimed by the Assured unless so issued and executed. I This Cov,," NOle shall not be valid unless signed by TRIDENT MARINE MANAGERS, INC. Insurance is issuedrP.it~t5b_ ~ TRIDENT MARINE MANAGERS, INe. plus U~ law. Persons IlSUred by SUrplus by authority of the UNDERWRITER'S ~s Camers do not have the protection ot the f) e~ (~ ~ Florid~ Insurance Guaranty Act to the extent of any right of recovery for the obligation of an Insolvent unlince/1Sed insurer. AprilS. 2007 Surplus Lines Agent's Countersig"1/re: ORIGINAL ~ ......^A ii, . \ '1< .. _ Q . . '1', ~'l I .. ) ) , MARINE COMPREHENSIVE UABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED POLLUTION BUY-BACK (72 HOUR) ENDORSEMENT (MCL 0295122) This endorsement modifies Insurance provided under: J Marine Comprehensive Liability Coverage Fonn SCHEDULE Premium: $ .(Includ&d\ In cohslderatlonof the additIonal premIum shown In the schedule to this endorsement and subject to the tenns and conditions of the palloy, It Is agreed that 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 all of the following conditions have been met: a. The discharge, dispersal, release or escape was neither expected nor Intended by the Insured, A discharge, dispersal, release or esCape shall not be considered unintended or unexpected unless oaused by some Intervening event neither expected nor Intended by the Insured. b. The. discharge, dispersal, release or escape can be Identified as commencing at a specific time and date during the tenn of this policy. ~ c. The discharge, dIspersal, release or escape became known to thelneurad within 72 hours after Its commencement and was reported to Underwriters within Thirty (30) days thereafter. d. The discharge, dispersal, release or escape did not result from the Insured's Intentional and willful vIolation of any govemmentstatute, rule or regulation, 2. Exclusion 10, of Section II. A. shall not apply to clean up costs that result from mitigation of a . seepage andpoJlutlon claim. from a coveredpolJutlon Incident. Clean up Costs shall be definad as th.ose expenses Incurred as a direct result of the removal, treatment, detoxification or neutralization of pollutants or hazardous substanoes as legally mandated by govemmental authority excluding, however, ihe cost of environmental Impact studies. SuCh cleanup expenses are part of (not In addition to) the limits of Ilabftlty of this policy and wlllreduce the limits of liability available for payments of judgements or setUements. 3. Nothing contaIned In this endorsement shall operate to prOvide any coverage hereon for llaplllty,. expense or costs, whether Incurred fortuitously, accidentally and/or Intentionally and Whether or not environmental In nature, with reSpect to: a. Loss of, damage to or loss . of use of property dIrectly or Indirectly resulting from subsidence caused by your sub-surface operations or sub-surface operatlons performed on your behalf, b, Removat of, loss of or damage to sub-surface 0/1, gas or any other substance, , c, Fines, penalties, crimInal costs of defense, punitive damage, exemplary damages or any other damages reSUlting from the multlpllcatlOn of compensatory damages. MeL 0295122 Page 1 of2 " \. ~ to,' ,. ') ) , d, Any site or location used In whole orin part for the handling, processing, treatment, storage, disposal or dumping of any waste materials or substance or the transportation of any waste materials or substances, e. losses resulting from Blowout and/or Cratering. f, Losses resulting from and/or caused by watercraft which you own, operate, charter, lease and/or borrow. g. Losses which arise solely because of provisions contained hthe 011 Pollution Act of 1990, state, and local government env.lronmental Acts, as well' as their successor Acts and which would not have been covered hereunder had those Acts not been enforced. It Is also understood and agreed that this Insurance does not constItute evidence of financial responsibility under the 011 Pollution Act of 1990 or any similar federal or state law or local government .Acts and It 15 a warranty of this Insurance that It shall nolbe submitted to the United States Coast GUard or any other federal or state or local government agency as evidence of financial responsibility. We do not consent to be guarantors. 4. All Other Terms and Conditions Remain Unchanged, .~ . - ~. ; 1-- - _mm_ . _______Num .__________._~~_____ _____ MCL 0295122 Page 2 of2 - - ~'" ~ -- - - - - - - - - - - -......-.... - -- -- - - tOouceR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO. RIGHTS UPON THE CERTIFICATE OTLER, BUCKLEY, DEETS me. HOLDER. THIS CERTIACATE DOES NOT AMEND; EXTEND OR 161 BLUE LAGOON DR., S'l'E 420 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. !AMI FL 33126 : 305-262-0086 INSURERS AFFORDING COVERAGE NAICtf. INSURER A: OneBeacon Insuranoe Co INSURER B: Commeroe & Indus Ins Co ~er Keys Marine Construction INSURER c: nc. PO BOX 2790 INSURER D: KEY LARGO FL 33037 INSURER E: . OVERAGES THE POUCIES OF INSURANCE USTED Baow HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POlICY PERIOD INDICATED. NOTWITHSTANDING AN'( REQUIREMENT. TERM OR CONDmoN OF AN'( CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHlCl1 THIS CERTIFICATE MAY BE ISSUED OR I MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AlL THE TERMS. EXCLUSIO"lS AND CONOlTlONS OF SUCH POlICIES. AGGREGATE UMlTS SHOWN MAY HAVE BEEN REDUCED BY PAlO ClAIUS. ~~ TYPE OF INSURANCE POlICY NUMBER DATE~IP8~ UMrT8 ~ ~NERA1. UABIUTY EACH OCCURRENCE . 1 , 000 ,000 ~ :~ ~w.lERClAL GENERAl LIABILITY Q5JH90033 '02/09/07 02/09/08 ~~'t~\ $ 50,000 ~ lJ ClAlMS MADE ~ OCCUR MED EXP (Any one plnOII) $ 5 , 000 PERSONAl & ADV INJURY $1,000,000 ~ GENERAl AGGREGATE $ 2,000,000 . ffAGGREGATE UMIT APPn PER: PROOUCTS - COUPtOP AGG $ 1,000,000 X POUC'( n 'l&r LOC ~OBILE UAaUTY COMBINED SINGI.E LMT . ANY AUTO (Ea ac:ddenI) I-- ALL OWNED AUTOS BODILY INJURY I-- . SCHEDUlED AUTOS (Per paan) ~ HIRED AUTOS BODll. Y INJuRy I-- $ NON.QWN:D AUTOS (Per acddenl) I-- PROPERTY DAMAGE $ (Per ec:cldent) ~ RGE UASLJTY AUTO ONlY - EA ACCIDENT $ ANY AUTO OiHER THAN EA ACe . ./ AUTO ONLY: AGG $ EXGESSIUMBRELLA UABIUTY EACH OCCURRENCE . tJ OCCUR 0 CLAIUS MADE AGGREGATE $ R::= $ $ $ $ WORKERS COMPENSATION AND . lTORYllMlTST IU~ A EMPLOYERS' UABIUTY 2955977 04/01/97 04/01/0~. $ 100,.000 .ANY PROPRlETORlPARTIERIEXECUTl\ ... E.L EACH ACCIDENT OFFICERttAEMBER EXCLUDED? E.L DISEASE - EA "".... .......", . 100,000 ~' deaa1be ui1der ECIAL PROVISIONS below E.L DISEASE. POUCY l.JMfT $500,000 011tER A CONTRACTORS EQtttP Q5JH90034 02/09/07 02/09/08' LIMIT 250,000 tlESCRJPTlON OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS M1lRITIMEEMPLOIERS LIABILln': $1,000,000 LIMIT. JONES ACT IS PROVIDED. (ONDERWlU!rERS M LLOmS) CERTtFlCA TE HOLDER CANCELLATION' MONROEl SHOUt.D AKV OF THE ABOVE OE8CRIBECtPOUCES BE CANCEJ..LED BEFORE TltEEXPRA MONROE e01::rNrt ....." DATE THEREOF,11fE ISSUING INSURER WIll ENDEAVOR TOJIAL, ---:.:.....;DAYS.WRm'&N BUILDINa DEPA:R'rMI!:NT NO'tlCE TO THE CERTIFICATE HOL..DER NAMED TO TltE LEFT, BUT FAILURI! TO DO so lIHAU. L MARATHON ~. ,<;:EN!I;'ER JIiIPOSE NO OBUGA1lOM OR LJAaII.f(Y PI" 1,N'f KINP !Jl"ONTltE IfStI'U!ft, n:s.~~. _. ._ _ 3798 OVERSEAS RWY STE 300'" "_"n p" . ___u_____ MARM'BON' FL-:-33b~' REPRESEHTAnves. . .~ -. A DREP . . 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