28x70 tree removal @ Port Largo
CONTRACT AGREEMENT
AGREEMENT, MADE TillS If?/:ft daYOf~2003, byand
between, Blue Water Marine Services, Inc. (" Contractor "), and the BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, of the County of
Monroe, State of Florida (Board).
The Contractor and the Board, for the consideration named, agree as follows:
I. The Contractor shall furnish all the materials for the removal and disposal of a
28" x 70' tree located in a Port Largo Canal off of Key Largo, Monroe County.
Photos are attached as Exhibit A.
2. The work performed under the Contract shall commence immediately from the
date the Liaison provides the Notice to Proceed and shall be completed by June 30, 2003.
3. The Contractor understands the rules and procedures instituted by the Board to
ensure an orderly progress to the project.
4. The Board shall pay the Contractor the total sum of $900.00 for the removal
and disposal of the tree. Payment shall be upon completion by the Contractor and review
and approval of the close out documentation by the Marine Projects Coordinator.
5. The attached Photos and Insurance Requirements together with this Agreement
form the Contract. They are fully a part of this Contract as ifrepeated herein verbatim.
6. The Contractor covenants and agrees to indemnify and hold harmless Monroe
County Board of the County Commissioners from any and all claims for bodily injury
(including death), personal iI1jury, and the property damage (including property owned by
Monroe County) and other losses, damages, and expenses (including attorney's fees)
which arise out of, in connection with, or by reason of services provided by the
Contractor or any of its subcontractor(s) in any tier, their employees or agents. The
purchase ofthe insurance required in the paragraph 11 does not vitiate this indemnification
provision.
7. The Contractor acknowledges his/ her intention to comply with the need to
coordinate all work with the appropriate agencies, and the County.
8 . The Contractor agrees to supply the County with a set of photographs of the
complete work along with a letter certifying completion of work.
The Contractor also agrees to provide photos of all phases of the project along
with dump receipts, and a letter verifying project completion. The Contractor will be
responsible for the camera, film, and development costs.
9. The Contractor understands and agrees that no payment will be made for this
project without required photographs and written certification of completion.
10. Due to the use of heavy equipment and, at times, dangerous work
environment, the Contractor understands and agrees to maintain an alcohol and drug free
work environment.
II. The CONTRACTOR will be responsible for all necessary insurance coverage
as indicated by the an "X" on the attached forms of Exhibit B identified as General
Insurance Requirements and INSKLST 1-4, as further detailed on forms WCl, WCJA,
GLl, VLl, & WLl. All policies must list Monroe County as additional insured with the
exception or the Workers Compensation policy.
12. 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
owner may, in its discretion, terminate this contract without liability and may also, in its
direction, terminate this contract without liability and may also, in its discretion, deduct
from the contract or purchase price, or otherwise recover the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or
employee.
13. A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid on a contract to
provide any goods or services to a public entity, may not submit a bid on a contract
with a public entity for the construction or repair of a public building or public work, may
not submit bids on leases real property to a public entity, may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity in excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO ($10,000.00) for a period of36 months from the date of being
placed on the convicted vendor list.
14. The Board may terminate this Agreement with or without cause at any time
upon giving the Contractor up to 10 days notice in writing. The Contractor, upon receipt
of the notice, shall immediately cease work. The Board must pay the Contractor the
percentage of the contract price which is satisfactory to the Board up to date the
contractor received the notice of termination.
14. This Contract is governed by the laws of the State of Florida. Venue for any
litigation arising under this contract must be in Monroe County.
EXHIBIT A
f?T41
.: -q,
EXH:rBIT~
1996 Edition
_::~
MONROE COUNTY, FLORIDA
INSURANCE CHECKLIST
FQR
VENDORS SUBMItTING PROPOSALS
FOR WORK
To assist in the development of your proposal, the insurance coverages marked with an "X" will
be required in the event an award is made to your finn. Please review this form with your
insurance agent and have himlher sign it in the place provided. It is also required that the bidder
sign the form and submit it with each proposal. '
\VORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
WCl
WC2
\VC3
WCUSLH
x Workers' Compensation
x Employers Liability
Employers Liability
Employers Liability
US Longshoremen &
Harbor Workers Act
x Federal Jones Act
Statutory Limits
$100,000/$500,000/$100,000
$300,000/$500,000/$ 500,000
$1,000,000/$1,000,000/$1,000,000
Same as Employers'
Liability
Same as Employers'
Liability
VlCJA
INSCKLST 1
Administration In~;truc;:,)"
1/4709.2
1996 Edition
GENERAL LJABIL--~
As a minimum, the required general liability coverages will include:
· Premises Operations
. Blanket Contractual
· Expanded Definition
of Property Damage
Required Limits:
GLl
x
GL2
GL3
'GL4
Required Endorseme:;t:
GLXCU
GLLIQ
GLS
.
PrqQucts and Completed Operations
Personal Injury
.
$100,000 per Person; $300,000 per Occurrence
$50,000 Property Damage
or
$300,000 Combined Single Limit
$250,000 per Person; $500,000 per Occurrence
$50,000 Property Damage
or
$500,000 Combined Single Limit
$500,000 per Person; $1 ,ooo,oqo per Occurrence
$100,000 Property Damage
or .
$1,000,000 Combined Single Limit
$5,000,000 Combined Single Limit
Underground, Explosion and Collapse (XCU)
Liquor Liability
Security Services
All endorsemems::.:-' '-~quired to have the same limits as the basic policy.
AdministrallO(] In Slru,'::Cr1
1147092
INSCKLST 2
1996 Edition
VEHICLE LIABI[~Y~'
As a minimwn, coverage should extend to liability for:
· Owned; Non-owned; and Hired VehjGles
Required Limits:
VL1
VL2
VL3
VL4
BRl
MVC
PROl
PR02
PR03
POLl
POL2
POL3
ED1
ED2
GK1
GK2
GK3
WLl
x
x
Admmistration Instruction
#47092
$50,000 per Person: $100,000 per Occurrence
$25,000 Property Damage
or
$100,000 Combined Single Limit
$100,000 per Person; $300,000 per Occurrence
$50,000 Property Damage
or
$300,000 Combined Single Limit
$500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
$5,000,000 Combined Single LiI1fit
MISCELLANEOUS COVERAGES
Builders'
Risk
Limits equal to the
completed project.
Motor Truck
Cargo
Limits equal to the maximum
value of anyone shipment.
Professional
Liability
$ 250,000 per Occurrence/$ 500,000 Agg.
$ 500,000 per Occurrence/$l,OOO,OOO Agg.
$1,000,000 per Occurrence/$2,000,000 Agg.
$ 500,000 per Occurrence/$I,OOO,OOO Agg.
$1,000,000 per Occurrence/$2,000,000 Agg.
$5,000,000 per Occurrence/$l 0,000,000 Agg.
$ 10,000
$100,000
Pollution
Liability
Employee
Dishonesty
Garage $ 300,000 ($ 25,000 per Veh)
Keepers $ 500,000 ($100,000 per Veh)
$1,000,000 ($250,000 per Veh)
Watercraft Liability $500,000
INSCKLST 3
1996 Edition
rnSURANCEAGENTSST~TEMENT
I have reviewed the above requirements with the bidder named below. The following deductibles
apply to the corresponding policy.
POLICY
DEDUCTIBLES
Liability policies are
Occurrence
Claims Made
Insurance Agency
Signature
.
BIDDERS STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all the requirements.
B~rL-4,~r
Juu....."
Signature
INSCKLST 4
Administrauon I nSlrUCl:.
#4709,2
1996 Edilion
\VORKERS' COMPE~oATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
,
BET\VEEN
MONROE COUNTY, FLORIDA
AND '
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance v.rith limits sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less
than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
):
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-
insurer, the County shaIl recognize and honor the Contractor's status. The Contractor may be
required to submit a Lener 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 panicipates in a self-insurance fund, a Certificate ofInsurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
wel
Adminislralion Instruction
114709,2
1996 Edition
\\'ORKERS' COl\1~N3A TION
INSURANCE REQUIREMENTS
FOR
CONTRACT
, J
BET\VEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract involves Maritime Operations, the Contractor's
Workers' Compensation Insurance Policy shall include coverage for claims subject to the Federal Jones
Act (46 U,S,C.A. subsection 688) with limits not less than those specified for Employer's Liability.
The Contractor shall be permitted to provide Jones Act Coverage through a separate Protection and
Indenmity Policy, in so far as the coverage provided is no less restrictive than would have been provided
by a Workers' Compensation policy. !
WCJA
Administration Instrucl"n
It 4 709 2
1996 Edition
GENERAL LIABlJ.-:TY
INSURANCE REQUIREMENTS
FOR
CONTRACT
,
BET'''EEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
. Premises Operations
. Products and Completed Operations
. Blanket Contractual Liability
. Personal Injury Liability
. Expanded Definition of Property Damage
The minimum limits acceptable shall be:
}
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
GLl
Administration InstructIOn
1/4709,2
1996 Edition
,,, A TER CRAFT LIAnJlJJ.~
INSURANCE REQUIREI\-?iN1-s
FOR
CONTRACT
I I
BET'\'EEN
MONROE COUNTY, FLORIDA,
AND
Prior to the commencement of work governed by this contract,- the Contractor shall obtain
Water Craft Liability Insurance with terms no less restrictive than those found in the
standard "American Institute Hull Clauses" (June 2, 1977 edition). Coverage shall be
maintained throughout the life of the contract and include, as a minimum:
. Injury (including death) to any Person
. Damage to Fixed or Movable Objects
. Costs Associated with the Removal of Wrecked Vessels
. Contractual Liability with Respect to this Contract
If the policy obtained states that coverage applies for the "Acts.,or Omissions of a Vessel",
it shall be endorsed to provide coverage for the legal liability of the ShipO\\l1er.
The minimum limits acceptable shall be:
$500,000 Combined Single Limit (CSL)
Coverage provided by a Protection and Indemnity Club (P&I) shall be subject to the
approval of the County.
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
WLl
Administration Instruct Inll
1147092
1996 Edition
VEHICLE LIABILI1=f '.
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND '
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimum, liability coverage for:
. Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$100,000 Combined Single Limit (CSL)
1:
If split limits are provided, the minimum limits acceptable sh~l be:
$ 50,000 per Person
$100,000 per Occurrence
$ 25,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
VLl
Administrallon Instruction
#4709.2
80