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Resolution 050-1990 RESOLUTION NO. 050 -1990 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO APPROVE THE AGREEMENT BETWEEN MONROE COUNTY AND FRANK KEEVAN AND SON, INC., CONCERNING BOATING IMPROVEMENT FUND PROJECTS LOCATED AT VARIOUS WATERWAY ROUTES. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board is hereby authorized to approve the contract agreement between Monroe County and Frank Keevan and Son, Inc., concerning the Boating Improvement Fund Projects located at various waterway routes, a copy of same being attached hereto. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on this 24th day of January , 1990, A.D. BOARD OF COUNTY COMMISSIONERS OF MONR/" COUNTY, FLORIDA. BY~~ -Mayor / Cha.t~___ .....;.;: (Seal) Attest: DANNY L. KOLHAGE, Clerk f?..t. * -f~~ APPROVED AS TO FORM AND LEGAL SUFFICIENCY. By 1t11\~ ~~~ Attorn~y's Office . UNOW DC;: l d DE NVf' 06. if i j J_j A G R E E MEN T AGREEMENT, MADE THIS 24th day of January 1990 by and between, . FRl9tVK K~~/II"tfl/ t'1+ft JCJ1t1>~/\.c... '5 ToC t::. .J s I ~r!. ("Contractor"), and the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTYi FLORIDA, of the County of Monroe, State of Florida ("Board"). The Contractor and the Board, for the consideration named, agree as follows: 1. The Contractor shall furnish all the materials and perform all the work as required by the Specifications for Boating Improvement Fund Project located at if a.. y,' a v... S W rr TEf:!. ~v 1'9- y/{o t1.T~<;' Monroe County, Florida, a copy of which is attached hereto and made a part hereof. 2. The work to be performed under the contract shall commence within 9[) days from date Board provides Notice to Proceed and shall be completed within 7D days of that date. 3. If the Notice to Proceed has not been given by Board to Contractor on or before mlli?cff 30j/f7D then this Agreement shall be null and void. 4. The work to be performed under the contract is con- tingent upon receipt of appropriate grant monies from the State Department of Natural Resources, Boating Improvement Fund. If this grant is denied, this Agreement shall be null and void. The Contractor understands the rules of the Depart- ment of Natural Resources Boating Improvement Fund and shall comply with said rules, along with the rules and procedures instituted by the Board to ensure an orderly progress to the project. 5. The Board shall pay to the Contractor for the perfor- mance of the contract the sum of $:2. 3 ) 4 b 7. 00 upon completion by Contractor and acceptance by Board, subject to the terms and conditions of paragraphs one through four above. Page 1 of 2 - 6. The attached Specifications and Plans, together with this Agreement, form the Contract. They are as fully a part of this Contract as if repeated herein verbatim. 7. The Contractor shall indemnity the Board from and against any and all claims, demands, actions, proceedings, damages, liabilities, costs and expenses, including attorney fees, arising out of, connected with, or resulting from this Agreement. IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first written above. ( Seal) ~~ W. ~ ~ ss BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (Seal) Attest: Clerk >>MOVED AS TO FORM ANDLE.GALSU.FAC~NC~ ~ ~fu \\ ~ i~\. CJ ~ ;,\;"\. '\.. 'h.:.~ [~y ~y'... Office PAGE 2 OF 2 II {, ,,; .: .;.~ , .~) ; J~ ;:: -. , .' , , , , -,' - f2 , . 1 " J' .1 < " ..:~ ; ~ . .' . . ~ . <I ~ . -:~ , , ., , 'n -~ : ';1 ; :,J ~ J .~ .li I. ) : , " .y : j) 'L ~~ ., r H H <1 ~J h ~ ~ . , ; .; ; ~ ~~ ,I . ~ jl l "I. . . .., 1 . ~ .ll 1 ." ". ( ( . " ~ COUNTY OF MONROE KEY WEST, FLORIDA SPECIFICATIONS FOR THE REPLACEMENT OR REeBIR_QE_QBygga~Qtl~_ltl ---------VARIOUS-WATERWAY-ROUTES-rN-THE-FLORIDA KEYS ------------------------------------------- nQtlRQs-~QYtlIy~_EbQRIQa Sealed bids will be received by the Board or County Commissioners, Monroe County, Key West, Florida. All bids will be opened at a meeting between the County Attorney, Clerk or Courts, and Extension Director, or their representatives, ror the above rererenced project. Specirications ror installation or treated wood piles complete with U.S. Coast Guard approved DaYbeacons, in the locations indicated are in the enclosed materials. 1. flbg2l. (A) Pile sha~l be or timber treated with chromated copper arsenate (C.C.A.). (B) Pile shaf1 be or timber which will stand the installation and Use ror which they are intended. <C) A straight line drawn rrom the center or the butt to the center or the tip shall not at any point race rurther away From center or the pile than a distance equal to 1% or the length or the pile. CO) Minimum butt diameter = 12" measured 3' rrom end. Minimum tip diameter = a". CE) Pile shall be installed with best installation practices appropriate to Job site conditions. 2. bgUQIH_QE_flbg2l. Piles to be or sufficient length to provide a minimum of four feet penetration into existing sea floor and an elevation of eight feet above mean high water. 3. QaY~~4~Q~~~ Daybeacons co be conscrucced and erecced as lndlcaced on the enclosed sketches. There are two dayboards per daybeacon. (A) See enclosed work list, which is part Or these speCifications. ,. ~1 ..~ .,~ -~ ';W " 1 ,.~ ..; , :1 ... . . :~ .. .:1 i: ,~ :... ; ~J j i ? ~ < -,1 i .. ~ :1 'i .., ., '.;, !: 'f "1: }. '" ): ~' l :1 j.,... ':f 1." .f I I I J l t I '. ( (- " r) 4. QgnQk!IIQH~ None 5. ~sRIIEl~.BIlQH: (A) Bidder will certify In_~h~_Q1Q that the plans and specifications of the project wi.lI comply with the project design criteria established by the Department 0 Natural Resources and will, if carried out, result in completed facilities incorporating acceptable engineering deSign standards, which facilities will be structually Sound, safe and suitable for their location and intended Use. (B) Bidder must also Sgr~if~_SQ~Qlg~iQn of the project 1n accordance with SeA), and in accordance with Coast Guard ReqUirements and the Coast Guard Permit e.nc 1 osed . (C) Bidder will ~~r~if~_lQ~s~iQD~ of installed pile by latitUde and longitude upon com~etion of the Work. 6. Bid sha~l speclPy number oP days required to complete actUal con- struction work from the time Not~ce to Proceed is prOVided. The Board of County Commissioners reserves the right to accept or reject any and all bids. All bids to remain valid for 120 days after bid selection by the Board oP County Commissioners or until contract is in ePPect allouing for new dates, whichever comes sooner. Performance Bond reqUired in accordance with Florida Statutes Chapter 255. IP your bid or proposal eXceeds $i00.000. it Uill be necessary to post a Performance Bond. , , l=- :-a. ......_ ."Jo ',~ . .~~ '.: . . ~ - . ~ '. r a.. .'- J (,. (. r', . < . ., {.,TOR!( LIST Attachment to specifications for the replacement or repair of various waterway route daymarkers in the Florida Keys. Sizes, numbers, colors, and locations must duplicate those on the attached appr.opriate permits for each project. 1. Cow Key West Channel Daybeacons lA, 3A, 9, 11, 13, 15 have faded dayboards. Replace dayboards. Straighten oiling on #4 marker. 2. Stock Island East Channel Daybeacons lA, IB, 2B, 3B, 5E, 6B, 7B have faded dayboards. Replace dayboards. 3. Key Colony Beach Daybeacon 1 is nrlssing. '.Replace and install day- beacon. Straighten piles on Numbers 3, 6, 3A. Also replace day- boardS on 3A. 4. Saddlebunch Harbor Daybeacons 1, 2, 3, 8, 20, 11, 13, 15, 18 have faded dayboards. Replace dayboards. J. ~1 - 5. Hammer Point Daybeacon 2 is faded. RePla.~e dayboards. Tavernier Creek Daybeacons 14, 15, 16, 17, 18, (Gulf) have faded dayboards. Replace them. Daybeacon 3 (Ocean) faded and leaning. Straighten piling for number 3 and replace dayboards. ~ -j 6. 'l! _, ! ,; ~ .< , i <t~ q ; ...~ : J ~ ;!.~1 ~ i ,; I .:.; ., J ~ ~ .i ~~ t~ ~:1 ;! :.l j: " f; V :f' -n H ~~ ; ~ ~ ~ , " 5 . J. L ~ ' ; . 7. Marathon Park Daybeacon 1 has leaning dayboards. Refasten and repair. 8. Vaca Key Cut (Ocean) daybeacon 02 has faded dayboards. Replace. '-, .9. Replace faded dayboards at Whale Harbor at Windley Key, Daybeacons Nos. 11,12,13,15 and 16. , J t. . ...,..-'~,~~~' ...;:1 .~~ ;1 '!l~ ,'t ..~ .1' ~,~;:~ , :5 ",\0' j. ~ . , .. -.. ",';: ,,! ";' ., .'" .~;~ .'.' ,,", >1. ,:r; _:~~ ",4i " ;~~ ~-, r ,~ If,; ;1,. ,..-.-1."" ~!, ..,.:1 .'~ ."" ,'~ ..~ ;::.f,j :.1 .Il. 1 ::-'.1, 'i; .r: .'~' r. :~ ,'~ . ..:1........ ..... ,. :.., II ( _.', \ ) . l .. SWORN STATEMENT UNDER SECTION 2Si.133(3)(a}, FLORIDA STATUTES. ON punuc ENTITI' CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBUC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Contract No. for VJ+A,-ovJ V-/J:r?;!vt.. VV"))-Y" ~o!:Ju7p-5 This sworn stateme~t is submitted by 'f71 Jhv')(. )1)>)"/ c/.(7-1../ 6- <) () ~ );vc ' [name of entity submitting sworn statement] whose business address is /,4 3~ ~ ,vI. 5?: 57oc.J< )S'-M X~ '( vV)~.J 7 r-L. ~ >DY.o and (if applicable) its Federal Employer Identification Number (FEIN) is i;'cr - / J 9 ?? K-7 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn 2. statement: My name is c.-.l.Jt).\);"")t:..)3.. ;T: X}:a..n..J~ [please print name of individual signing] entity named above is PR ~ 5" j"'rh~,J1 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes. means a violation of any state or. federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. .) 3. and my relationship to the S. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes. means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial coun of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statu~ means: 1. A predecessor or successor of a person convicted of a public entity crime: o. 2. An entity under the control of any natural person who is active in the management oi the entity and who h~ been convicted of a public entity crime. The term .affiliate"; includes tJlose officers, directors, executives, panners, shareholders, employees, members, and age2tS who are active in the management of an affiliate. The ownership by one person of shares constituililg a controlling interest in another person, or a pooling of equipment or income among persons wheil.not for fair market value under an arm's length agreement, shall be a prima facie case that one. person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered 4n affiliate. 7. 1 understand that a .person" as defined in Paragraph 287.133(1)(e), Florida Statutes means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term .person" includes those officers, directors, executives, panners, shareholders. employees, members, and agents who are active in management of an entit)'. 8. Based on information and belief, the statement which I have marked below is true in relation to the entit)' submitting this sworn statement. [Please indicate which statement applies.] o,.~ .... 11 ,,'::f ;J 1 ~ll .1 ~ "I ,j . ~) ~ ." <~ _ Neither the entity submitting this sworn statement, nor any officers, directors. executives, . J partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have be~n charged with and convicted of a public entity crime _ subsequent to July 1, 1989. f ~ y , .! , _ The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989, 8NQ. [Please Indicate which additional statement applies.] _ There has been a proceeding concerning the conviction before a hearing. officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor lisL [Please attach a copy or the nnal order.] _ The person or affiliate was placed on the convicted vendor lisL There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor lisL [Please attach a copy or the nnal order.) _ The person or affiliate has not been placed on the convicted vendor lisL [please describe any action taken by or pending with the Department of General Services.] ~ " '1 j i . ',1 /i ~ -'j j '1 .~ ) '.:~ .~ j d~ :~){t:~~; PER 0 APPEARED BEFORE ME, the undersigned authority, -:.c-4-/~ who, after first being sworn by me, affixed his/her signature --~H~ Date:-Pr.( C , ,I -7, /7i(Y / 9 day or, [)-'!- f7 I Cd:o . 19 c:g-Cj ~aA-+- NOTARY PUBUC in the spar:~ provided above on this My ~idn ~~: j \ . I .. ~T~ PU3i.ICSTAn ~ FLmtOA ._~~~.JAH.I:s.lm -..-.;u. '.-..u GEt€RAl1NS. tN). , ,i Fol.:'l PUR 7068 (Rev. 11/89) . '~.