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ACCESS , INDEMNIFICATION AND ACCEPTANCE AGREEMENT
This Access, Indemnification and Acceptance Agreement (the "Agreement") is made and
entered into this day of , 2011, by and between the City of Miami, a municipal
corporation of the State of Florida ("City" or "Owner") and Bouygues Civil Works Florida, Inc.
(the "Company"), a corporation organized under the laws of the State of Florida and qualified to
transact business in Florida and provides as follows:
WHEREAS, the Owner is the fee simple owner of certain real property located at Folio
Number# 01-4209-000-0010 Miami, Florida, known as Virginia Key Landfill, described in
Exhibit A, attached hereto and made a part hereof (the "Property"); and
WHEREAS, the Owner grants to the Company, its agents, representatives, employees or
contractors herein after collectively referred to as "the Company", permission to enter upon the
Property (as such term is defined below) for the purpose of performing certain work relating to
the acceptance of fill material, and movement of land related to stockpiling fill material in
various locations within the Property, subject to providing the Owner's Public Facilities Director
at 444 S.W. 2" Avenue, Miami, Florida 33130 not less than twenty-four (24) hours advance
notice of when access is first required; and
WHEREAS, in conjunction with the Planning Department, the City will determine the
locations, heights, and quantity of fill to be delivered by the Company to the Property, and
amounts and grades of fill will be subject to the written approval of the CIP Director and must be
in compliance with the soil management plan to be agreed upon between the parties in writing
and signed within 90 days;
WHEREAS, the Company is generously and graciously giving, devising and
quitclaiming to the City tunnel fill material ("fill"), which the Miami -Dade County Department
of Environmental Resources Management ("DERM") will have an opportunity to test prior to
delivery and determine that such fill is suitable for use by the City; and
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual
promises and covenants herein set forth, the parties hereto agree as follows:
1. DUTIES OF THE COMPANY
1.1 The Company will perform the following scope of work on the Property:
(a) Donate, give, devise and quitclaim to the City fill material in final
locations and quantities to be approved by the City on the Property; and
(b) Be responsible for satisfying all applicable environmental (DERM, etc.)
requirements and attaining all environmental approvals that may be required for the testing,
transport, drying and placement of the fill material in locations identified in the soil management
plan to be approved by the City and other permitting authorities; and
(c) Movement of land; and
(d) The Company will perform this Agreement in a commercially reasonable
manner following the best practices of its trade as exercised in South Florida.
(e) The Company will be responsible for gaining all necessary or applicable
permits (local, state, and federal) for the transport as well as the placement of this material at the
Property. The Company is also responsible for permitting, site preparation, construction,
removal, and restoration of any facilities (dock, pier, barge etc.) that may be required to deliver
the material to its destination in the soil management plan as approved by the City and other
permitting authorities.
1.2 (a) Prior to the Company, its agents, employees, and contractors, or anyone
directly or indirectly employed by any of them entering upon the Property for purposes of
performing the work described above, the Company, shall obtain and maintain or cause to be
obtained and maintained throughout the Term of the Agreement, the types and amounts of
insurance coverages set forth in Exhibit B, the Certificate of Liability Insurance attached hereto
and incorporated therein by this reference in such reasonable amounts as approved by the
Owner's Risk Management Director protecting the City, its officers and employees, against all
claims for personal injury, property damage, and regulatory actions by governmental agencies
arising out of or related to the activities undertaken by the Company upon the Property and
naming the City as an additional insured.
(b) The insurance required hereunder shall be effective for the Term and any
extensions or renewals thereof. Owner's Risk Management Administrator shall review the
insurance requirements upon any extension or renewal of the Term and reserves the right to
make reasonable changes in the types and amounts of insurance coverages as necessary and shall
revise Exhibit "B" accordingly as necessary.
(c) The Company shall be responsible for assuring that the insurance
certificates required under this Agreement remain in full force and effect for the Term, including
any extensions hereof. If insurance certificates are scheduled to expire during the Term and any
extension thereof, the Company shall be responsible for submitting new or renewed insurance
certificates to the Owner's Risk Management Administrator at least ten (10) calendar days before
such expiration. In the event that expired certificates are not replaced, with new or renewed
certificates which cover the Term and any extension thereof; the Owner shall suspend this
Agreement until such time as the new or renewed certificate(s) are received in acceptable form
by the Owner's Risk Management Administrator; and the Company shall not enter the Property
nor allow any of its employees, agents or contractors to enter the Property; or the Owner may, at
its sole discretion, terminate the Agreement.
(d) Compliance with the foregoing insurance requirements shall not relieve
the Company of its liabilities and obligations under this Agreement.
1.3 The Company has requested and the Owner has agreed to grant access to the
Property to perform the work described in Section 1.1 above for a period of eighteen (18) months
from the date of notice by the Company (the "Term"). If additional time is required, the
Company shall notify the Owner at least three (3) days prior to the commencement of the work.
2
The Company will affirm and ensure that only material that meets DERM approval or any other
permitting agency having jurisdiction will be placed on site and it will be placed in a manner
approved by DERM or any other permitting agency having jurisdiction.
1,4 Specifically, any fill/ soil brought to the Property by the Company, as a minimum,
must meet DERM's Fill/ Soil Re -Use guidelines and requirements for Residential Fill/Soil on
Virginia Key. All fill/ soil must be tested in accordance with the soil management plan as
approved by the City and other permitting authorities and the appropriate environmental agencies
must provide the City with the necessary clearances prior to the fill/ soil being transported to the
Property.
1.5 The Board of Directors of the Company shall approve corporate resolutions in
substantially the form attached hereto as Exhibit C.
2. RIGHT OF ACCESS
2.1 The Owner grants to the Company, temporary access rights, subject to the
conditions and limitations hereinafter contained, to the Property.
2.2 The Company shall indemnify, defend (excluding professional liability) and hold
harmless the Owner and Virginia Key Beach Park Trust, their respective officers, employees,
and servants from and against all claims, damages or losses resulting from contaminated
,polluted or unpermitted fill/soil or other material brought on the Property by the Company or
any statutory, strict liability or civil action related thereto, bodily injury, including death to
anyone injured on the Property and property damage to or at the described premises as a result of
the negligence, action or omissions of the Company, its employees, sub -contractors, or
consultants performing the work or activities on its behalf or even if it is alleged that the City, its
officials and/or employees were negligent, unless such injuries or damages are ultimately proven
to be the result of grossly negligent or willful acts or omissions on the part of the City, its
officials and/or employees. The Company shall insure that adequate safety precautions are in
effect at all times during the term of the Agreement. This required indemnification and hold
harmless shall survive the revocation or expiration of the Agreement,
2.3 .This Section shall survive the cancellation or expiration of the Agreement. This
Section shall be interpreted to comply with § 725.06, Fla. Stat. if such Statute is deemed
applicable by a court of competent jurisdiction. Ten ($10.00) dollars is given to the company as
specific and independent consideration for the granting of this indemnity,
2.4 The Company shall list the City of Miami and Virginia Key Beach Park Trust as
an additional insured on its general liability, auto and excess liability policies, and shall require
all sub -contractors, if any, to carry equal limits of coverage, including applicable coverage
endorsements, as may be applicable in connection to the scope of services being performed.
3
2.5 The Company hereby voluntarily and knowingly waives any and all claims
against the Owner for personal injury or property damage sustained by the Company, its agents,
employees, contractors, sub -contractors or consultants arising out of or related to the activities
undertaken by the Company, its agents, employees, contractors, sub -contractors, or consultants
upon the Property or in connection with the work and releases the Owner for any claims in
connection therewith. The Company, its agents, representatives or contractors cannot under
Florida law place any type of lien or encumbrance on the Property.
2.6 The Company agrees that in the event of damage to the Property caused by the
Company outside the general work area, the Company will restore the Property to the same or
better condition than it was before the work was conducted.
2.6 Notwithstanding any other term or provision herein it is expressly understood and
agreed by the Company that the Owner is not responsible, liable, or otherwise answerable to pay
any fee, cost, expense, reimbursement or other monetary compensation to the Company, its agents,
representatives, employees or contractors for their work or their services under this Agreement.
2.7 The term of this Agreement shall be for eighteen (18) months from the date of
execution of this Agreement or until formal acceptance of the work by the Owner, whichever
occurs first. The Owner may for cause grant a written thirty (30) day extension for completion of
the work. § 2.2, § 2.4, § 2.5 and § 2.6 shall survive the expiration or cancellation of this
Agreement.
2.8 The City hereby gratefully accepts the grant, devise, and gift from the Company
of tunnel fill material ("fill"). The fill will be transported by the Company to the Property at its
own cost and expense. The City will not pay a cost, fee, or other imposition, levy, or assessment
for such fill or any of the work associated with its transport and placement at the Property.
DERM and any other environmental agencies with jurisdiction will be afforded the occasion and
opportunity to test the fill prior to delivery. If DERM disapproves any portion of the fill, the City
will elect to accept a lesser amount of material. The Company will execute a bill of sale absolute
or bill of lading or similar document it customarily employs when conveying and transporting
fill.
2.9 The Company may use staging area A as depicted in Exhibit D per the following
requirements:
(a)
or interrupted
The service road around the Water and Sewer facility may not be blocked
(b) Area A may be used for temporary staging of fill material prior to
placement in final location.
(c) The Company shall bare all costs associated with placement and
movement of fill and of restoration activities as outlined above.
4
The Owner grants permission to the Company to park its equipment in the Property
during the Term.
The undersigned hereby acknowledges that he/she has requested permission to perform
certain work relating to the providing of fill material on City owned property located at,
Miami, Florida.
Dated and executed by the Company this day of , 2011.
WITNESS:
By:
By:
Attest:
Corporate Secretary
Affix Corporate Seal
5
Bouygues Civil Works Florida Inc.,
By:
Name:
Title: President
IN WITNESS WHEREOF, the Owner has caused this Access and Indemnification Agreement
to be executed this day of , 2011.
ATTEST: CITY OF MIAMI, a municipal corporation
of the State of Florida
By: By:
Priscilla A. Thompson, City Clerk Johnny Martinez, P.E. City Manager
APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FORM
REQUIREMENTS AND CORRECTNESS
By: By:
Calvin Ellis, Director Julie O. Bru
Risk Management Department City Attorney
6
EXHIBIT A
DESCRIPTION OF THE PROPERTY
EXHIBIT B
INSURANCE REQUIREMENTS -ACCESS AND INDEMNIFICATION
Commercial General Liability (Primary & Non Contributory)
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence
General Aggregate Limit
Personal and Adv. Injury
Products/Completed Operations
B.
insured
Endorsements Required
$1,000,000
$2, 000, 000
$1,000,000
$1,000,000
City of Miami & Virginia Key Beach Park Trust included
Employees included as insured
Contingent and Contractual Liability
Explosion, Collapse and Underground Coverage
II. Business Automobile Liability
insured
III.
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Owned/Scheduled Autos
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $ 1,000,000
B. Endorsements Required
as an additional
City of Miami & Virginia Key Beach Park Trust included as an additional
Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of Subrogation
Employer's Liability
A. Limits of Liability
$500,000 for bodily injury caused by an accident, each accident
$500,000 for bodily injury caused by disease, each employee
$500,000 for bodily injury caused by disease, policy limit
IV. Umbrella Liability (Excess Follow Form)
A. Limits of Liability
$1,000,000 Each Occurrence
$1,000,000 Policy Aggregate
City of Miami and Virginia Key Beach Park Trust included as an additional insured
V. Professional Liability/Pollution Liability ( If Applicable)
A. Limits of Liability
Each Claim $2,000,000
Aggregate Limit $2,000,000
The above policies shall provide the City of Miami with written notice of cancellation or
material change (defined as "a reduction in policy limits by endorsement during the
policy period") in accordance to policy provisions.
Companies authorized to do business in the State of Florida, with the following qualifications,
shall issue all insurance policies required above:
The company must be rated no less than "A-" as to management, and no less than
"Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide,
published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies
and /or certificates of insurance are subject to review and verification by Risk
Management prior to insurance approval.
EXHIBIT C
CORPORATE RESOLUTION
WHEREAS, desires to enter into an agreement with the
City of Miami for the purpose of performing the work described in the contract to which this
resolution is attached; and
WHEREAS, the Board of Directors at a duly held corporate meeting has considered the
matter in accordance with the By -Laws of the corporation;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
DIRECTORS that the
(type title of officer)
, is hereby authorized
(type name of officer)
and instructed to enter into a contract, in the name and on behalf of this corporation, with the
City of Miami upon the terms contained in the proposed contract to which this resolution is
attached and to execute the corresponding performance bond.
DATED this day of , 20
Corporate Secretary
Chairperson of the Board of Directors
(Corporate Seal)
EXHIBIT "D"
AREA PLAN
ACCESS , INDEMNIFICATION AND ACCEPTANCE AGREEMENT
This Access, Indemnification and Acceptance Agreement (the "Agreement") is made and
entered into this day of ' , 2011, by and between the City of Miami, a municipal
corporation of the State of Florida ("City" or "Owner") and Bouygues Civil Works Florida, Inc.
(the "Company"), a corporation organized under the laws of the State of Florida and qualified to
transact business in Florida and provides as follows:
WHEREAS, the Owner is the fee simple owner of certain real property located at Folio
Number# 01-4209-000-0010 Miami, Florida, known as Virginia Key Landfill, described in
Exhibit A, attached hereto and made a part hereof (the "Property"); and
WHEREAS, the Owner grants to the Compap ', s agents, representatives, employees or
contractors herein after collectively referred to .as "t e/ ompany' , permission to enter upon the
Property (as such term is defined below) for the, 6se of performing certain work relating to
the acceptance of fill material, and movenne t"of and related to stockpiling fill material in
various locations within the Property, subject; pi viding the Owner's Public Facilities Director
at 444 S.W. 2' Avenue, Miami, Florida 3 139/not less than twenty-four (24) hours advance
notice of when access is first required; and
WHEREAS, in conjunction wi h the Planning Department, the City will determine the
final locations, heights, and quantity/f fill to be delivered by the Company to the Property;
WHEREAS, the Company is generously and graciously giving, devising and
quitclaiming to the City tunnel fill material ("fill"), which the Miami -Dade County Department
of Environmental Resources Management ("DERM") will have an opportunity to test prior to
delivery and determine that such fill is suitable for use by the City; and
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual
promises and covenants herein set forth, the parties hereto agree as follows:
1. DUTIES Off` THE COMPANY
1.1
TheEempany will perform the following scope of work on the Property:
(a) Donate, give, devise and quitclaim to the City fill material in final
locations and quantities to be approved by the City on the Property; and
(b) Be responsible for satisfying all applicable environinental (DERM, etc.)
requirements a9.d attaining all environmental approvals that may be required for the testing,
transport, dry}ng and placement of the fill material in temporary and final locations to be
approved by'fhe City and for any site preparation and restoration; and
/ (c)
Movement of land; and
(d) ' The Company will perform this Agreement in a commercially reasonable
manner following the best practices of its trade as exercised in South Florida.
j��� (((3
(e) The Company will be responsible for gaining all necessary or applicable
permits (local, state, and federal) for the transport as well as the temporary and permanent
placement of this material at the Property. The Company is also responsible for permitting, site
preparation, construction, removal, and restoration of any facilities (dock, pier, barge etc.) that
may be required to deliver the material to its temporary or final destination,
1.2 (a) Prior to the Company, its agents, employees, and contractors, or anyone
directly or indirectly employed by any of them entering upon the Property for purposes of
performing the work described above, the Company, shall obtain, land maintain or cause to be
obtained and maintained throughout the Tenn of the Agreement, the types and amounts of
insurance coverages set forth in Exhibit B, the Certificate of Liability Insurance attached hereto
and incorporated therein by this reference in such reasonable amounts as approved by the
Owner's Risk Management. Director protecting the City, its officers and employees, against all
claims for personal injury, property damage, and regulat .fy actions by governmental agencies
arising out of or related to the activities undertaken b . he Company upon the Property and
naming the City as an additional insured.
(b) The insurance required hereunder shall be effective for the Tenn and any
extensions or renewals thereof, Owner's Risk Management Administrator shall review the
insurance requirements upon any extension or renewal of the Term and reserves the right to
make reasonable changes in the types and amounts of insurance coverages as necessary and shall
revise Exhibit "F3" accordingly as necessary.
(c) The Company shall be responsible for assuring that the insurance
certificates required under this Agreement remain in full force and effect for the Tenn, including
any extensions hereof. If insurance certificates are scheduled to expire during the Term and any
extension thereof, the Company shall be responsible for submitting new or renewed insurance
certificates to the Owner's Risk Management Administrator at least ten (10) calendar days before
"such 'expiration. In the event that expired certificates are not replaced,. with new or renewed
certificates which cover the Term and any extension thereof; the Owner shall suspend this
Agreement until such time as the new or renewed certificate(s) are received in acceptable fowl
by the Owner's Risk Management Administrator; and the Company shall not enter the Property
nor allow any of its employees, agents or contractors to enter the Property; or the Owner may, at
its sole discretion, terminate the Agreement.
(d) Compliance with the foregoing insurance requirements shall not relieve
the Company of its liabilities and obligations under this Agreement.
1.3 The Co'fpany has requested and the Owner has agreed to grant access to the
Property to perfon the work described in Section 1.1 above for aperiod of eighteen (18) months
from the date of `notice by the Company (the "Tenn"). If additional time is required, the
Company sh7lfnotify the Owner at least three (3) days prior to the conn.encerrient of the work.
The Company will affirm and ensure that only material that meets DERM approval or any other
permitting agency having jurisdiction will be placed on site and it will be placed in a mariner
approved by DERM or any other permitting agency having jurisdiction.
2
1.4 Specifically, any fill/ soil brought to the Property by the Company, as a minimum,
must meet DERM's Fill/ Soil Re -Use guidelines and requirements for Residential Fill/Soil. All
fill/ soil must be tested off -site and the appropriate environmental agencies must provide the City
with the necessary clearances prior to the fill/ soil being transported to the Property.
1.5 The Board of Directors of the Company shall approve corporate resolutions in
substantially the form attached hereto as Exhibit C.
2. RIGHT OF ACCESS
2.1 The Owner grants to the Company, ;temporary access rights, subject to the
conditions and limitations hereinafter contained, to t116 Property.
2.2 The Company shall indemnify, defend (excluding professional liability) and hold
harmless the Owner and Virginia Key Beach Park Trust, their respective officers, employees,
and servants from and against all claims, damages or losses resulting from contaminated
,polluted or unpeamitted fill/soil or other material brought on the Property by the Company or
any statutory, strict liability or civil action related thereto, bodily injury, including death to
anyone injured on the Property and property damage to or at the described premises as a result of
the negligence, action or omissions of the Company, its employees, sub -contractors, or
consultants performing the Work or activities on its behalf or even if it is alleged that the City, its
officials and/or employees were negligent, unless such injuries or damages are ultimately proven
to be the result of grossly 'negligent or willful acts or omissions on the part of the City, its
officials and/or employees. The Company shall insure that adequate safety precautions are in
effect- at all times during the term of the Agreement, This required indemnification and hold
harmless shall survi.ve.the revocation or expiration of.the Agreement.
2.3 ,This Section shall survive the cancellation or expiration of the Agreement. This
Section shall be interpreted to comply with § 725.06, Fla. Stat. if such Statute is deemed
applicable by a court of competent jurisdiction. Ten ($10.00) dollars is given to the company as
specific and independent consideration for the granting of this indemnity.
2.4 The Company shall list the City of Miami and Virginia Key Beach Park Trust as
an additional inaufeed on its general liability, auto and excess liability policies, and shall require
all sub-contr tors, if any, to carry equal limits of coverage, including applicable coverage
endorseme�n is, as may be applicable in connection to the scope. of services being perfornied.
2/.5 The Company hereby voluntarily and knowingly waives any and all claims
against/the Owner for personal injury or property damage sustained by the Company, its agents,
emploiyees, contractors, sub -contractors or consultants arising out of or related to the activities
undertaken by the Company, its agents, employees, contractors, sub -contractors, or consultants
upon ,the Property or in connection with the work and releases the Owner for any claims in
connection therewith. The Company, its agents, representatives or contractors cannot under
Florida law place any type of lien or encumbrance on the Property.
3
2.6 The Company agrees that in the event of damage to the Property caused by the
Company outside the general work area, the Company will restore the Property to the same or
better condition than it was before the work was conducted.
2.6 Notwithstanding any other term or provision herein it is e��jjt3ressly understood and
agreed by the Company that the Owner is not responsible, liable, or oth.4-wise answerable to pay
any fee, cost, expense, reimbursement or other monetary compensation//t6 the Company, its agents,
representatives, employees or contractors for their work or their servir�6s under this Agreement.
2.7 The term of this Agreement shall be for eighteenj/18) months from the date of
execution of this Agreement or until formal acceptance of the/ work by the Owner, whichever
occurs first. The Owner may for cause grant a written thirty (3A')day extension for completion of
the work. § 2.2, § 2.4, § 2.5 and § 2.6 shall survive the//expiration or cancellation of this
Agreement. /
2.8 The City hereby gratefully accepts the grant, devise, and gift from the Company
of tunnel fill material ("fill").The fill will be transported by the Company to the Property at its
own cost and expense. The City will not pay a cost, fee, or other imposition, levy, or assessment
for such fill or any of the work associated with its transport and placement at the Property.
DERM and any other environmental agencies with jurisdiction will be afforded the occasion and
opportunity to test the fill prior to delivery. If DERM disapproves of the fill the Company will
either provide alternative fill to the City to satisfy this section or the City may elect to accept a
lesser amount of material. The Company will execute a bill of sale absolute or bill of lading or
similar document it customarily employs when conveying and transporting fill.
2.9 The Company may use staging area A as depicted in Exhibit D per the following
requirements:
(a) The service road around the Water and Sewer facility may not be blocked
or interrupted
(b) Area A. may be used for temporary staging of fill material prior to
placement in final location/
(c) he Company shall bare all costs associated with placement and
movement of fill ar d' of restoration activities as outlined above.
The5.wner grants permission to the Company to park its equipment in the Property
during the Term.
T 6 undersigned hereby acknowledges that he/she has requested permission to perform
certain fork relating to the providing of fill material on City owned property located at,
/ Miami, Florida.
/Dated and executed by the Company this day of , 2011.
4
i
WITNESS:
By:
By:
Attest:
Corporate Secretary
Affix Corporate Seal
5
Bouygues Civil Works Florida Inc.,
By:
Name:
Title: President
IN WITNESS WHEREOF, the Owner has caused this Access and Indemnification Agreement
to be executed this day of ,2011.
ATTEST: CITY OF MIAMI, a fnunicipal corporation
of the State of Florida
By: By:
Priscilla A. Thompson, City Clerk Johnny Martinez, P.E. City Manager
APPROVED AS TO INSURANCE
REQUIREMENTS
APPRO BD AS TO LEGAL FORM
AND CORRECTNESS
By: By:
Calvin Ellis, Director `Julie 0. Bru
Risk Management Department City Attorney
6
EXHIBIT A
DESCRIPTION OF THE PROPERTY
insured
EXHIBIT B
INSURANCE REQUIREMENTS -ACCESS AND INDEMN iiCATION
Commercial General Liability (Primary & Non Contributory)
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $2,000,000
Personal and Adv. Injury ...$1,000,000
Products/Completed Operations / $1,000,000
B. Endorsements Required
City of Miami & Virginia Key Beach Park Trust included as an additional
Employees included as insured
Contingent and Contractual Liability
Explosion, Collapse and Underground Coverage
II. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Owned/Scheduled ;Autos
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $ 1,000,000
B. Endorsements/Required
City of Miafni & Virginia Key Beach Park Trust included as an additional
insured
III. Worker's Co pensation
Limits of Liabi ity
Statutory-Stte of Florida
Waiver ofpubrogation
Employ r�'js Liability
A. Limits of Liability
e$5 0,000 for bodily injury`caused by an accident, each accident
$ 00,000 for bodily injury caused by disease, each employee
$; 00,000 for bodily injury caused by disease, policy limit •
IV. Umbrella Liability (Excess Follow Form)
A. Limits of Liability
$1,000,000 Each Occurrence
$1,000,000 Policy Aggregate
City of Miami and Virginia Key Beach Park Trust included as an additional insured
V. Professional Liability/Pollution Liability ( If Applicable)�
A. Limits, of Liability
Each Claim $2,000,000
Aggregate Limit $2,000,000
The above policies shall provide the City of Miami with written notice of cancellation or
material change (defined as "a reduction in policy limits by endorsement during the
policy period") in accordance to policy provisions.
Companies authorized to do business in the State of Florida, with the following qualifications,
shall issue all insurance policies required above:
The company must be rated no Tess than "A-" as to management, and no less than
• -"Class V" as to Financial Strength, by the latest edition of Best's insurance Guide,
published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies
and /or certificates of insurance are subject to review and verification by Risk
Management prior to insurance approval.
EXHIBIT C
CORPORATE RESOLUTION
WHEREAS, desires to enter into an -agreement with the
City of Miami for the purpose of performing the work described in the contract to which thus
resolution is attached; and
WHEREAS, the Board of Directors at a duly held corporate meeting has considered the
matter in accordance with the By -Laws of the corporation;
r
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
DIRECTORS that the
(type title of officer)
, is hereby authorized
(type name of officer)
and instructed to enter into a contract, in the name and on behalf of this corporation, with the
City of Miami upon the terms contained in the proposed contract to which this resolution is
attached and to execute the corresponding performance bond.
DATED this
Corporate Secretary
day of , 20
Chairperson of the Board of Directors
(Corporate Seal)
EXHIBIT "D"
AREA PLAN