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HomeMy WebLinkAbout2017-007GOLDEN SANDS BEACH PARK LICENSE AGREEMENT Indian River County ("County") hereby authorizes the Town of Orchid and its affiliates, agents, representatives and contractors (collectively "Licensee") to use the established beach access point at Golden Sands Beach Park ("Park") for the limited purpose of delivering beach material and locating certain heavy equipment onto the beach to perform dune stabilization projects for the nearby residential development. Use of the Park for this purpose is limited to 18 days between January 24, 2017 and February 10, 2017 (including weekends) between the hours of 7:30 AM — 5:30 PM (the "License Period"), and is subject to the following terms and conditions: 1) Licensee shall operate all equipment, or cause all equipment to be operated, in a safe and prudent manner, and in accordance with any measures deemed necessary for public safety by County staff. 2) Licensee shall (a) keep the gates to the Park securely locked at all times except when opened for the passage of Licensee's equipment, (b) manage in a timely and efficient manner any traffic issues that arise as a result of Licensee's use of the Park, and (c) prohibit any public vehicular or pedestrian use of the Park during Licensee's dune stabilization activities. Licensee shall post "Beach Closed" signs at the Park entrance during Licensee's dune stabilization activities. 3) Any sand needed to establish a "sand ramp" for equipment to access the beach, or to perform the dune stabilization projects for the nearby residential developments, shall be provided by Licensee. No use of existing sand from the Park or beach shall be allowed. Any damage by Licensee to the Park shall be repaired to the satisfaction of the County and at no cost to the County. The agreed upon access route shall be inspected/videoed by County staff with the Licensee present, prior to the equipment mobilization to the identified Beach Park. 4) The County assumes no liability for loss of or damage to Licensee's equipment or personal property staged or stored at the Park. Any such equipment or property shall be staged or stored at the sole risk of Licensee. 5) The Park is located between two residential communities. As such, Licensee shall minimize construction impacts to the residential communities (i.e. work hours 7:30 AM — 5:30 PM, construction noise, equipment vibration, etc) to the greatest extent practical. Licensee shall provide 48 hour notice to the HOAs of the adjacent residents and the County prior to commencing access activity through County property. 6) Licensee shall indemnify the County for any damage to Park structures, roads, vegetation or other Park features or County property resulting from Licensee's performance of the dune stabilization projects, or this License Agreement. Any such damage shall be repaired to the satisfaction of the County, or Licensee shall pay to the County the reasonable cost to repair any such damage. Licensee shall also indemnify and hold harmless the County, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Licensee and persons employed or utilized by the Licensee in the performance of the dune stabilization projects, or this License Agreement. 7) Licensee shall maintain, or cause to be maintained, during the License Period, the insurance policies and coverage limits set forth: Insurance: • Countys and Subcontractors Insurance: The Licensee shall not commence work until they have obtained all the insurance required under this section, and until such insurance has been approved by the County, nor shall the Licensee allow any subcontractor to commence work until the subcontractor has obtained the insurance required for a contractor herein and such insurance has been approved unless the subcontractor's work is covered by the protections afforded by the Licensee's insurance. • Worker's Compensation Insurance: The Licensee shall procure and maintain worker's compensation insurance to the extent required by law for all their employees to be engaged in work under this contract. In case any employees are to be engaged in hazardous work under this contract and are not protected under the worker's compensation statute, the Licensee shall provide adequate coverage for the protection of such employees. • Public Liability Insurance: The Licensee shall procure and maintain broad form commercial general liability insurance (including contractual coverage) and commercial automobile liability insurance in amounts not less than shown below. The County shall be an additional named insured on this insurance on this insurance with respect to all claims arising out of the operations or work to be performed. Commercial General (Public) Liability, other than Automobile $1,000,000.00 Combined single limit for Bodily Injury and Property Damage Commercial General A. Premises / Operations B. Independent Contractors C. Products / Completed Operations D. Personal Injury E. Contractual Liability F. Explosion, Collapse, and Underground Property Damage Automobile $1,000,000.00 Combined single limit Bodily Injury and Damage Liability A. County Leased Automobiles B. Non -Owned Automobiles C. Hired Automobiles D. Owned Automobiles • Proof of Insurance: The Licensee shall furnish the County a certificate of insurance in a form acceptable to the County for the insurance required. Such certificate or an endorsement provided by the contractor must state that the County will be given thirty (30) days written notice prior to cancellation or material change in coverage. Copies of an endorsement -naming County as Additional Name Insured must accompany the Certificate of Insurance. 8) Insurance certificates attached hereto as Composite Exhibit A. 9) At the completion of Licensee's project or expiration of the license, whichever occurs first, Licensee shall return the Park to substantially the same condition as it was at the beginning of the lease, to the County's sole satisfaction. 10) Licensee shall perform its work in strict compliance with any permit issued for the project. If at any time Licensee does not adhere to the permit conditions or above conditions, the County may order the work to immediately cease until Licensee brings the project into compliance. Violation of permit conditions and/or the terms of this License Agreement may result in termination of the License Agreement by the County forthwith and at no cost to the County. TOWN OF ORCHID Signed: Printed Name and Title: LICENSEE Date: /430/ 7 INDIAN RIVER COUNTY Signed: COUNTY Date: January 24, 2017 Printed ame and Title: Joseph E. Flescher, Chairman APPROVED AS TO FORM AND LEGAL SUFFICI ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller BY DYLAN REINGOLD "o�. '"...--wk� ,.,Jjco COUNTY ATTORNEY;*. ‘.,, 1,..Deputy Clerk .?: ,► i * \9 OP ID: MK A.COR Q` CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) _ 12/08/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder?is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Stuart Insurance, Inc. 3070 S W Mapp Palm City, FL 34990 Joseph E. Coons, CPCU. CIC. NAME: ACT Joseph E Coons lac, No. Extl: 772-286-4334 FAX No): 772-286-9389 E-MAILSS. jcoons@stuartinsurance.net PRODUCER CUSTOMER ID ft: GUETB-1 INSURER(S) AFFORDING COVERAGE NAIC 11 INSURED Guettler Brothers Construction LLC Ben G. Guettler P.O. Box 12271 Fort Pierce, FL 34979-2271 INSURER A :Westfield Insurance 24112 INSURER B. X INSURER C . 06/30/2016 INSURER D . EACH OCCURRENCE INSURER E . DAMAGE r0 RENT LD PREMISES (Ea occurrence) INSURER F . COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRINSR_AVrt TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF JMMIDO/YYYY) POLICY EXP IMM/DDIYYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X OCCUR X X TRA7630158 06/30/2016 06/30/2017 EACH OCCURRENCE $ 1,000,000 DAMAGE r0 RENT LD PREMISES (Ea occurrence) $ 500,000 CLAIMS -MADE MED EXP (Any one person) $ 10,000 X Contractual PERSONAL & ADV INJURY $ 1,000,000 X GEN'L —1 INCLUDES XCU GENERAL AGGREGATE $ 2,000,000 AGGREGATE LIMIT APPLIES PER: POLICY )—(-1 ECT F LOC PRODUCTS - COMP/OP AGG $ 2,000,000 A AUTOMOBILE X X X X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS X X TRA7630158 06/30/2016 06/30/2017 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (PER ACCIDENT) $ PIP $ 10,000 A X — UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE X X l TRA7630158 06/30/2016 06/30/2017 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DEDUCTIBLE RETENTION $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITYY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS / N N 1 A WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ below E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES Attach ACORD 101, Additional Remarks Schedule, if more space Is required) GRADING OF LAND * Blanket Aqddition l Insured in regards to General Liability and Automobile Liability Blanket Waiver of Subrogation for Genera] Liability. 30 day notice of cancellation (10 day for non-payment) applies. r CDTICIr`A TC LIAI MCC N IRCBD-1 Indian River County 1800 27th Street Vero Beach, FL 32960 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ACORD 25 (2009/09) AUTHORIZED REPRESENTATIVE © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD a RL CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 12/08/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Bouchard Insurance for WBS P.O.Box 6090 Clearwater, FL 33758-6090 CONTACT NAME: PHONE 866 293-3600 ext, 623 FAX (A/C, ) (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC 11 INSURER A . American Zurich Insurance Company 40142 INSURED Workforce Business Services, Inc. Alt. Emp: Guettler Brothers Construction LLC 1401 Manatee Ave. West Ste 600 Bradenton, FL 34205-6708 INSURER B . INSURER C . INSURER D : $ INSURER E . CLAIMS -MADE INSURER F : DAMAGE TO RENTED PREMISES (Ea occurrence) COVERAGES CERTIFICATE NUMBER: 15FL079902691 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF IMM/DO/YYYYUMM/OD/YYYYL POLICY EXP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL 8 ADV INJURY $ GE 'L AGGREGATE POLICY OTHER: LIMIT APPLIES PRO- JECT PER: LOC GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS _ SCHEDULED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY(Per accident ) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LiA6_ EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ A WORKERS COMPENSATION_ AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/M EMBER EXCLUDED9 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A WC 90-00-818-05 12/31/2015 12/31/2016 X STATUTE EERPER H E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 Location Coverage Period: 12/31/2015 12/31/2016 Client# 050682 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If mo e space Is requl ed) Coverage is provided for Guettler Brothers Construction LLC only those co -employees 4401 White Way Dairy Road of, but not subcontractors Fort Pierce, FL 34947 lo: CFRTIFIrATP Wm nco _ - -. _ __ N Indian River County 1800 27th Street Vero Beach, FL 32960 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ACORD CORPORATION. All rights reserved.