DV3A3600
AGREEMENT, MADE TillS
CONTRACT AGREEMENT
/?'# day of ~~ 2002, by and
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:
1. The Contractor shall furnish all the materials and perform all the work required to remove
and legally dispose of DV3A3600 located off of Key Colony Beach for which a F.W.C.C. Derelict
Vessel Report is attached as Exhibit A.
2. The work to be performed under this contract must be completed by October 20,2002.
3. The Contractor understands the rules of the Florida Fish and Wildlife Conservation
Commission and shall comply with those rules, along with the rules and procedures instituted by
the Board to ensure an orderly progress to the project. Monroe County's performance and
obligation to pay under this Agreement is contingent upon an annual appropriation by the Board.
The Contractor understands both the intent and the requirements of the Specifications, attached as
Exhibit B.
4. The Board shall pay the Contractor $ 36.816.00 for the removal and legal disposal of
DV3A3600. Payment will be upon completion of work by the Contractor and review and approval
by the Marine Projects Coordinator.
5. The attached Derelict Vessel Report, Specifications, and the Monroe County Insurance
Requirements together with this Agreement, form the Contract. They are fully a part of this
Contract as if repeated herein verbatim.
6. The Contractor covenants and agrees to indemnify and hold harmless the Monroe County
Board of County Commissioners from any and all claims for bodily injury (including death),
personal injury and property damage (including property owned by the County) and other losses,
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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 of the insurance required in paragraph 11 does not vitiate this
indemnification provision.
7. The Contractor agrees to supply the County with a set of photographs of each vessel in all
phases of the removal and disposal process. The Contractor will be responsible for the camera,
film, and development costs.
8. The Contractor must inform the County and the Florida Marine Patrol prior to initiation of
work.
9. The parties agree that a timely performance of this agreement is essential due to possible
damage to the natural resources, hazards to navigation, or threats to human health and welfare.
Therefore, the parties agree that the Contractor shall be liable to the Board for $100 per day of
liquidated damages for each day after 10-20-02 that the Contractor's obligations under this
agreement remain unperformed. The parties agree that such amount is by the way of
compensatory damages and does not constitute a penalty.
10. Due to the use of heavy equipment and, at times, dangerous work environment, the
Contractor understands and agrees to maintain an alcohol an drug free work environment.
11. The Contractor will be responsible for all necessary insurance coverage as indicated by an
"X" on the attached forms identified as INSCKLST 1-4, as further detailed on forms VLl, WCl,
WCJA, GLl, WLl, & POLl attached as Exhibit C. All policies must list Monroe County as
additional insured with the exception of the Worker's 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
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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 of real
property to public entity, may not perform work as a contractor, supplier, subcontractor, or
consultant under a 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.
IN WITNESS WHEREOF each party hereto have executed this Agreement the day and
year frrst Written above.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
~~
Depu Clerk
~.
BOARD OF COUNTY COMMISSIONERS
OF MONROE CO TV, FLORIDA
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EXHI:BU~,
DERELICT OR ABANDONED VESSEL REPUK~
DV# 3lDOO or AV#
INCIDENT # 02-SE- \ e,q A... D
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REGIDOC## U.Jv~_\-Jt..l LENGnI40Ff. MAKE u~"" TYPE SAI2.c:=,e:
CURRENfLYREGISTERED? YES_NO~ LAST REGISTERED DATE ~ STATE I ~t....1~
H.LN. L)~"'" ALIEN? NO~ YES_ WHAT COUNTRY? u. Co b.
HUIL MATERIAL: WOOD_ F/G_ METAL (SPEClfY) !<...,.c;.~ '-- RUBBER_ OIlIER (SPECIFY)
COLOR ')to...J~. MOTORATIACHED? NO..-YES_UNK_OIB_I10_IN-
ANY NAME, WORD, DISPLAY OR OTIffiR IDENTIFIERS? ,)Io.1\G.
CUSTODIAN OR OWNER ~ ,,-yet ... ....'" C'" L ...... ,.,~. '" L'" DATE OF BIRTIl -,{I'3. /4A
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ADDRES&noMDJ..OIl MO$TCL"R1lENll ~ 70 - G, 4"''' c;:'TC ~~-r oc-C=A.....!
CIIT ^^.o..a..6.~""" 0...... STATE ~L ZIP ,=,...-C;~ PHONE 74~. e~-rA-
DrovER'S UCENSE## ~ 154'2 .,9(D. ~."1. ~"7. ,.., S1S##:z,.Gt7 a~~ tAt; ~ OTIlERID
. VESSEL'S PHYSICAL LOCATION ~::......:: ~f!'T". q"''' ~ ,~"ft4 C!l."'ta..c=~-r k..~~ i" _t:._~y I!.t!:.a.~""
NEAREST MARKERJLANDMARK ~/:!!J..AA. "" LATILONG ~04~. '2. ~. e ,0 c' . ~ '" 0 I
DERELICT VESSEL CONDITION: WRECKED~ JUNKED~ SUBSTANIlALLYDISMAN1LED ~
ABANDONED.w::. SUNK~ BROKEN UP ~ PART OF A VESSEL_ BURNED_ CAPSIZED...L LlSTING_
SCUTILED FULL OF HOLES FIllED WI1H WEIGHT FULL OF WATER,.,.. OTHER
- - - -
NUMBERS OR IDENfIFIERS REMOVED_HEAL TII HAZARD (EXPLAIl'l) \.(., O~. MA.~ ~I..lu..p/ ~\"A .-'> ,,-\C2.C;" u
ABANDONED VESSEL CONDmON: ABANDONED INOPERATIVE PARTIALLYDISMAN1LED
- - -
NO APpARENT INTRINSIC VALUE_ PERSONAL ITEMS ONBOARD_ OrnER
VESSEL IS: AFLOAT/ADRIFT_ AGROUND~ WASHEDASHORE_ lNWETI.ANDS/MANGROVES_
DOCKED_PULLED ONSHORE_ ANCHORED_TIED TO OBJEcr(sPEclFY)
CAUSED BY: NATIJRALDISASTER_ UNKNOWN~OTIIER
SUBMERGED~~ % DEPTH 10 FEET DAMAGING SUBMERGED LAND: NO~ YES_ UNK_
INJURING BENI1llC CoMMUNIIT: NO_ YES_ OTIIER: U"-l.a<
OTHER PROPERTY DAMAGE: NO_ YES_(EXPLAIN) ut...u....
.
PROPERTY OWNER: STATE SUBMERGED LAND_ FEDERAL_' OTIIER ~...... \L.
OWNER/ADDRESS
NAVIGATION HAZARD: NO_UNK_ YES~(EXPl.AIN) ~...,--,c.._~ W\T.... ~..s..t".. Wo.elll!L
TOWED WITIlour REPAIR: NO~_ YES_ (EXPUJNl
ENVIRONMENTAL THREAT: NO_ UNK~YES_ (EXPUJNl
RECOMMENDED DISPOSITION: LEAVEASIS_ REMOVEFROMWATER~ TAKE TO LANDFILL_
HAVE OWNER/CUSTODIAN REJ.'v10VE_ T.O.T. _ MARINE HABITAT~ OrnER aoc:;~~c:...'" 1U.C::~"""
NARRATIVEIDILIGENTSEARCH: ~_ 06.'-' I .=!1""'t;;Q.. ~~~ -t._ """'.Ior.=: L~ep.. lLloo..J_'\oU~'\
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OFFICER, AGENCY -::::z v.0:....~e \..o-::;-z. 4F l5S<o "~
REVIEWEDBY...., P.4I/Y;/L"~ ~~ ~~'/,Z--
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DATE ~.e'o2..
DATE .4J-I//(J 2
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DERELICf or ABANDONED VESSEL # -SE- 0<&00 D
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DATE:
CATION: ~a.j .6..\ QS:, '..ll t--'~ \ e- \ _ ~~ ,.,.. ... ~ o..J r .r-. L~~ "'\"
REPORTING OFFICER & AGENCY: VV' dL....-= ~o.-.,
FWClDLE-048
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EXHIBIT B
DERELICT VESSEL REMOVAL CONTRACT SPECIFICATIONS
FOR MONROE COUNTY, FLORIDA
1. INTENT: It is intended that these specifications shall cover all aspects of the work.
The purpose of this section is to provide specific conditions applicable to this
contract where such coverage is not provided in other portions of the documents.
., BID FORJ.,1A T: A dollar amount per foot must be submitted for the removal of as
many derelict vessels on the primary list for which a Florida Marine Patrol Derelict
Vessel Report is provided and as funding will allow. Any deviation from this
format will result in an unaccented bid. A contract will not be granted on the basis
of combine~ relate~ linked, or discounted bids. Not applicable due to emergency
removal of one or more derelict vessels for less than $25,000 total.
3. PLA.N'S: There are no plans for this project, but copies oithe Florida Marine
Patrol Derelict Vessel Report with location sketches l~ve been bound into these
documents for the Contractor's use. The Specifications include a section on
instructions to bidders, both general and specific~ and a copy of each Derelict
Vessel Report from the Florida Marine Patrol. Only those derelict vessels for
which a report is included and listed on the Bid Response Form are to be bid upon
and subsequently removed.
The County reserves the right to remove any or all vessels from this contract at any
time prior to actual removal from the water and disposal by the Contractor.
The County has a limited amount of money to effect the removal of these derelict
vessels. \Ve have established priorities based on public safety, navigational hazard,
and environmental considerations. Ifbids exceed the County's,resources for
removal based on these considerations, we shall limit vessel removal based on the
considerations and cost effectiveness.
4. VESSEL IDENTIFICATION AND LOCATION: Each of the vessels have been
given a derelict vessel identification number, which is shown with the location in
the Florida Marine Patrol Derelict Vessel Report, included herewith.
Each bidder is responsible for his own identification of each derelict vessel as to
loc:l.tion, description and condition. If a derelict vessel cannot be (1) located, (2)
removed. (3) verified and (4) disposed of~ as specified in these procedures, then no
payment will be made forthcoming to the Contractor for that vessel. Those four
conditions must be met on each derelict vessel along with compliance of all1aws
for payment to be made.
It is understOod that the Conuactor bas. by personal examination and inquiry, if
necessary, satisfied biInSelf as to local conditions of each derelict vessel and as to
the meaning, requirements and reservations of the specifications; for after contract
lemng, no deviation will be allowed. In case errors are discovered. they are
to be reported by the Conuactor to the County. The county assumes no
responsibility should there be any discrepancies in what is staled in these
documents and what the bidder evaluates.
The Contractor should take special care to remove only those derelict vessel's on
his ContraCt and for which he possesses a Florida Marine PatIOl Derelict Vessel
Report. Other derelict vessels in the area but not under Contract. cannot be
molested.
It may be possible to replace a derelict vessel of1ike kind. for the same or less
money, when mutual agree1Ilent can be reached by the Florida DepartII1ent of
EnvirollIllental ProteCtion, Monroe County Administrator of the Derelict Vessel
Program. and the Conuactor. This will be applicable "hen a contracted derelict
vessel cannot be located- No derelict vessel mtrf be replaced and removed without
the tri-part)' consent noted in this paragraph. A contractor may suggest a possible
replacement vessel but he may not remove it without the appropriate consent above.
5. SCOPE OF WORK: The ConttaclOr shall be responsible for providing all permits,
supervision, labor, equipment, tools, fees and taXes required to complete this
proj ect to the satisfaction of the County.
The Contractor's procedure and methods of removal may be ofhis own selection
provided they secure results which satisfy the requirements of the Specifications
and any necessary environmental permits.
Any vessel which is removed and disposed of shall be removed from its present site
in such a manner as to do the least possible datnlIge to .the natural envirollIllent.
All debris from the vessel shall be removed and the site left in a reasonably clean
condition. No oil or fuel shall be permitted to be dumped or spilled into or unto the
water or land. All pollutlll1ts sball be re1IlOved {rom the derelict vessel prior to
removal from the water.
The Contractor shall be responsible for making any and all arrangement for access
to the vessel to be removed. If private property has to be traversed, then written
permission of the owner is necessary. In removing a derelict vessel that may lie on
or neat grass or sponge flats extreme caution must be useji to do the least possible
damage.
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prior to delivery of derelict vessels to the disposal site, the Conuactor must remove
all ail, gas and engines. He must dispose of them in any legal manner. Pure used
oil will be taken by Monroe County for disposal. M~ of oil, gas, seawater or
any combination of the three must be tranSported from the County by an approved
h=dous waste handler. The names of handlers will be supplied by the Montoe
County Solid Waste Department. Metal becomes the property of the Conuactor.
6. MA TERlALS AND WOR1GvlANSHlP: The ~ontractor shall provide the
necessary materials and equipment to safely complete the job. The Contractor
agrees that all work shall be performed by competent employees who are
e."<perienced and qualified to do the work specified, and that all work will be
performed in accordance with the best commercial practices. A list of equipment
to be used and a description of the removal and tranSporting procedures to be
followed must be provided to the County at the pre.work conference described
below.
Precaution shall be exercised at all times for the protection of persons and property.
The safety provisions of the Occupational Safety and Health Act of1970 (Public
Law 91-596) and other applicable laws, including buildit{g and constrUction codes
shall be observed. Machinery. equipment and other ha:z3rds shall be guarded in
accordance with safety provisions of the "Manual of Accident Prevention in
constrUction", published by the Associated General Contractors of America. to the
extent that such provisions are not in contradiction of applicable law.
If my property is destroyed by any cause or means whatSoever, the Conuactor shall
repir md replace or not receive payment for the unaccornplished work. The
Contractor shal; maintain suitable and sufficient guards and barriers, and at night.
suitable and sufficient light or other appropriate security or protection for the
prevention of accidents.
Use of explosives is prohibited in carrying out the project.
7. ASSIGNMENT OF CONTRACT AND SUBCONTRACTS: It is expressly
understood that the Contractor is in all respects an independent Conuactor for this
work. not withstanding under certain conditions he is bound to follow theodirections of the County, and is in no respect an agent. servant. or employee of the
County. Neither the Contract, nor any part thereof, nor any Moines due or to
become due thereunder, may be assigned by the Contractor without the prior
wrinen approval of the County.
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The ConttaClOr is fully responsible 10 the County for the acts and omissions onus
subcontractors and of persons either directly or indirectly.employed by smd
subconttaCtor, as he is for the acts and omissions of persons directly employed by
him. Nothing contained in the relation betWeen any subcontractOrs shall abide by
the terms, conditions, and requirements of this ConttaCt. It is the responsibility of
the ConttaCtor 10 pay all debt obligations jncUIted with subcontractors in an
expedient manner.
8. LEGAL RESTRICTIONS. pERMITS AND TRAff!C PROVISIONS: The
Contractor shall comply with all applicable local. State and Federal requirements
pertaining to the terms of this Contract. The Contractor will be responsible for
obtaining, at his own expense, any licenses or pennits that may be required and
should inquire about pennit requirements with the appropriate agencies. The
ConttaCtor shall comply with all the requirements of the Federal pollution Conuol
Act.
The Contractor shall conduct his operations so that he shall not close any
thoroughfare nor interfere in any way with traffic on highways, or on water,
without the written consent of the proper authorities. Work shall be done at any
time that shall not inten'1lpt or distUrb members of the publiC.
Utilization of off-loading sites located on private property (water 10 land for
transPort 10 the landfill or other disposal site by vehicle) must have written
approval of the land owner.
The Florida Marine PalIOI should be contacted to initiate eviction proceedings for
conttaCted derelict vessels which ate inhabited at the time of removal and when
another vessel is too close to the contracted derelict vessel 10 allow safe opetaUons.
Direct confrontations with other boaters should be avoided and the Florida Marine
Patrol should be contacted immediately if such confrontations results from removal
of any contrac.:ed derelict vessels.
9. IN suRA!'l CE: The Contractor must obtain ins\ItlIIlCe ",quired by the County and
submit proof of same 10 the County prior to acceptance of bid and contract approval
by Board of County Commissioners but no later than five working days after notice
of low bidder. All insurance shall be maintained until work has been completed
and accepted by the County.
The Contractor shall furnish the following certificates ofjnsUIll11ce for revieW by
the County's Risk Management Division:
Certificate (s) oflnsnrance which clearly indicates that he has obtained the
insurance coverage required in paragraphs a,b,c and d below.
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The Conuactor hereby certifies that no modification or change in insurance shall be
made without (10) days written advance notice to MONROE County, c/o the
Director of the Risk Management Division.
a. Worker's Compensation Insurance per Fl. StatUtes
b. Federal Jones Act Coverage
c. General Liability Insurance on a comprehensive basis, in an amount not less than
$500,00.00 per occurrence for Bodily Injury and Property Damage combined, to
include contractual liability.
c. Pollution Liability Insurance in the Amount of S500,OOO.
d. WalJ'r craft Liability Insurance in the Amount ofS500,000.
e. Automobile liability insurance covering all owned. non-owned and hired vehicles
used in connection with the work. in an amount not bss than
$300,000 per occurrence for Bodily Injury and Property and Damaged combined.
All insurance policies required above sba1I be issued by companies authorized to do
business unclerthe laws of the state ofFlorlda. The MONROE County Board
of County Commissioners must be \isted as "Additional Insured" on all policies,
except for the Worker's Compensation poliCY.
10. coMMENCEMENT, DELAYS AND COMPLJrrION OF WORK: After
receiving Board of County Commission approval of the Conuact. and after
reconciliation of arrj details or conditions which may directly or indirectly interfere
or conflict with work of the Contract. the County will issue a "Notice to proceed"
officially authorizing the Conuactor to commence. The ContraCtor sba1I
commence work within one week from the date on the ''Notice to Proceed" letter.
If the Conuactor should be delayed in the progress of the work included in the
ConmtCt by enforceable causes beyond his control, the time for the completion of
tlte work may be extended upon agreement of the County representative. Requests
for an extension of time must be submitted in writing to the County representative.
E:<tensions of time emmot legally be approved unless the written request is
submitted in the time to permit it to be acted upon before the ConmtCt expiration
date. To allow sufficient time for the adI"hnsuat\ve procedures required to obtain
action by the County commission, a request for time extension must be received by
the County representative at least sixty (60) calendar days prior to the ConmtCt
expiration date. .
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Provided further that the Contractor shall within ten (10) days from the beginning
of such delay notify the County, in writing, of the causes of the delay. The County
representative will ascertain the facts and the exrent of the delay and notify the
Contractor within a reasonable time of her decision in the matter.
.." ..
If the ContraCtor fails to complete the work within the time limit, and if the County
should nevertheless permit the ContraCtor to continue ane! complete the same
without official extension of time in writing, such pennission shall not modify nor
waive any liability of the ContraCtor for damages aniving non-completion of work
within the time limit, but such liabilities shall be subject to continuation in full
force against the contractor.
I\. CHANGES AND INSPEcTION: The vessels herein considered are to be removed
for the County by the Contractor in accordance with the specifications. The County
may give instrUctions or directions to supplement the specifications. These sball be
binding upon the ContraCtor and upon all his subcontraCtors, employees and agents
of every kind.
All work and every process and operation shall be suoject to inspection at all
times, and the County and their representatives shall have free access to all aspects
of the work. The Conuactor sball remove and make good, as may be directed.
without charge, any defective work. oversight or error of judgment of
inspections, or previous acceptance, shall not relieve the ContraCtor from the
obligation to make good any defect whenever discovered.
The right is reserved to change the Specifications consistent with regard to the
general intention of the contraCt for any part of the work or materials, either before
or ofter work bas begun. Notice of such changes shall be given in writing to the
ContraCtor; such changes are not to be grounds for any claim by the ContraCtor for
damages. nor for the forfeiture of the Contract. It is possible that a Derelict vessel
could disappear betWeen the time of inspection by the contraCtor and the acrual
effort to remove it. No payment will be forthcoming in event that this occurs.
Except when otherwise specified, the expense of all tests requested by the County
will be borne by the County.
\::. "'LDIT Rl GHTS: As a provision of the grant from the State of Florida to the
County, and if so requested by the State, the successful bIdder agrees to provide
access to all records and allow the audit of any books, documents and papers
related to this project for a period of up to one yem and during and after termination
of the contract.
\ 3 . C ONTR..>.,CT AWARD: The County reserves the right to evaluate the submitted
bids and award a contract to the bidder submitting the lowest per foot bid for the
derelict vessels listed in the bid package as one project and for which a
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Florida Marine patrOl Derelict vessel Report is included. One bid will be accepted
and a Contract issued for the total removal of all listed ~e1ict vessels as one
project. up to the limit of available funds.
The actual number of vessels to be removed will depend on the accepted per foot
bid price and the available funds.
14. PREWORK coNFERENCE: A meeting will be necessary involving a
representative of the County, the Conuactor and other parties with direct
involvement prior to the signing of the CQUttaCL The time and place of this
conference will be set by the County representative. At this time the Contractor
shall provide the County with a schedule as to the order in which he proposes to
remove the vessels awarded to him-
15. coNTRP-,CT SECURITY: The COnuactor is expected to act and deliver in good
faith ail work. at the agreed price. in the allowed time. Failure to do so, could
jeopardize the contractor's reputation with the County and potentially influence any
future contraCtS with MONROE County. ·
16. EXEcunON OF CONTRP-,CT DO~: Due to the time frame involved
with this project, the CllJ1UlIClor upon notification tba1 he is to be awarded the
contraCt documents for execution, sba1I retnm said documents properly executed
along with msurance within TEN woRKlNG DAyS. This will assist in
acceleration of execution of the contraCt documents.
The ContraCtor, by virtue of signing the Conttact. acknowledges that he and all his
subcontractors have satisfied themselves as to the natnre and location of the work.
the general and local conditions, including, but not restricted to, those bearing upon
tranSPortation, bandling, access to the pick-up and disposal sites; and the character
of equipment and facilities needed to perform the work. Failure on the part of the
Contractor to completely or properlY evaluate any factors ofhis costs prior to
bidding shall not form a basis for additiopa! compensation ifhe is awarded the
Contract. . ·
If for any reasons, not acceptable to the County, the ContraCtor does not perfonn.
the County shall have the right to levy Iiquldated damages against the Contractor.
Liquidated damages in the amount ofSIOO per day sha1I be assessed against the
Contractor for any bid item awarded to him which is not completed and accepted
by the County within the number of calendar days specified in the Contract.
Liquidated damages are accumulative.
17. NOTICE TO PROCEEI2.: The Contractor shall commence work upon this project
within one week of the date of the Notice to Proceed letter and perfonn in a
continuous manner until completion and acceptance by the County. For Contracts
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wherein a specified number of days for completion is stated in the Contract, the
effective date of the "Notice to proceed with ContraCt Work" wi\1 establish the
"beginning date" of the project.
IS. TERMINA nON OF coNTRf!:Cf: This ContraCt may be terminated by the
County, giving up to ten (10) days written notice to the ContraCtor; said notice
sha\1 be sufficient if delivered to the party pcrsonal1y or mailed by certified mail to
his mailing address as specified on the accepted bid.
19. FINAL CLEAN-UP: Upon completion of the work specified herein and before
acceptance and fina\ payment shall be made, the Contractor sha\1 remove from the
sites all roachinctY, equipment, surplus and discarded ~tcrials and temporary
strUCtures. The disposal of matcrials, rubbish and debris shall be made at a legal
disposal site.
20. DISPOSAL SITES AND FEES: The Conrractor is responsible for disposal of all
derelict vessels included in this c:ont:rllCl and must make arrangements for legal
disposal. It is the responsibility of the ConrractOf to p"y all disposal fees
incurred. and such removal related costs should be considered when bidding on this
contract.
The Conrractor wi!l deliver the dcrclict vessels to a Florida Department of
Environmental protection permitted disposal site that bas current occupational taX
licenses. It is the intent of this conrractto remove derelict vessels from their
present site and legally dispose of them- Upon receipt oivessels at the landfill,
they must be disposed of immediately.
There are several Monroe County disposal sites, Cudjoe Lmdfi!\, MM 21.5
(vessels must be 26' and under to be delivered in taCt, over 26' they must be
broken up), Long Key Landfi\\ MM 6S, and Card Sound Road /'$.A SR905 other
Iandfi\1s in neighboring counuies or arry other location for disposal as long as the
site is a legal licensed disposal site. Prior to tranSPortation of vessels out of
County the County representative must approve. V iossels being disposed of at
County Landfill sites must be free of po\1utants and engines.
21. PROOF OF PROPER DISPOSAL AND NOTJFlCAnON TO MAlillffi
P A mOL: ContraCtor must submit prior to receiving any payment: A receipt for
each vessel including the date of disposa\, the Florida Marine patrOl Derelict Vessel
Number, disposal site location. and the telephone number. Recipient of debris
should provide detailed receipt showing type and description of debris receiVed.
In addition to the above information. Contractor must submit three pictureS of
each vessel removed. The rust photograph must be of me vessel at the current
location prior to removal. the second photograph must be of the vessel after
removal but in the same general area preferably while in toW, and the third
- ..------- .. -- -......-..
8
photograph must be of the vessel at the disposal site with sufficient backg!"und to
depict disposal (i.e., building or sign identifying disposal site). The derehcl
vessel number, when possible, must appear in all photographs.
The ContraCtor will be responsible for the camera. filtn, and development costs.
The photographs should be taken with a Polaroid camera that provides jnstaI11
photoS since this miniJnizeS loss of documentation due ll! camera rnalfuncUon or
loss overboard. This photoS rnust be submitted on a vessel by to document the
removal and disposal of the contraCted vossels final payment can not be assured.
The ContraCtor rnust notify the Florida Marine patrol and the County
Representative in writing as to the work schedule of removal. This should be done
after the pre-work conference with the CountY representative. Notification is to be
made before doing any work on each vessel. This rnultipartY cornrnunication for
each Derelict Vessel is a requirement of the contract.
22. P A YMENI: All payments for the removal and disposal of each vessel, shall be
for the perfonnance of the work as stipulated in these 'l'ecifications and associated
contractual documents. The unit rate of bid shall be totally inclusive for all phases
of the operation. The ContraCtOr may request two partial payments by submitting
an invoice for the number of vessels removed up to the date of the invoice,
providing the ContraCt agreement does not explicitly prohibit partial payments.
Photographs, disposal receipts, and signed FDEP Disposiuon Certification fonn for
the vessels for which payment is being requested.
The ContraCtor understands and agrees that no payment will be rorthcorning for the
removal and disposal of any derelict vessel (1) not listed on this contract nor (2) for
any derelict vessel on this contraCt for which a written certification verifying the
removal of the subject vessel bas not been obtained frorn the Florida Marine Patrol
and a Representative of the disposal site at the time of delivery.
In addition. property, public or private, if damaged during the work or rernoved for
the convenience of the work. shall be replaced at the expense of the ContraCtor in a
m:ll1Iler acceptable to the County and the Owner, prior to the final payment for
contracted work.
:3. NON_COLLISION AFFIDAVIT: Upon entering into the contract. the ConUBctor
agrees 10 sign and endorse the Non-Collusion Affidavit fonn (attaChed).
:4. ETHICS CLAUSE: Upon entering into the con= the Contractor agrees to sign
and endorse the Ethics Clause form (attached).
:5. DRUG FREE WORK PLACE FORM: Upon entering the contract, Contractor
agrees 10 sign and endorse the Drug Free Work Place ronn (attached).
9
26. DERELICT VESSELS AT ISSUE: "!be derelict vesse1s listed on the Derelict
vessel WorJcing Bid List shall be tClI10ved and disposed oCby the ContraCtor
in accordance with the provisions oCthese SpecificationS.
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1996 Edition
EXHIBIT C
=r
"'lONROE COUNTY, FLORIDA
INSURANCE CHECKLIST .
FQR
VENDORS SUBl\UttING PROPOSALS
FOR \VORK
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 fonn with your
insurance agent and have him!her sign it in the place provided. It is also required that the bidder
sign the fonn and submit it with each proposal. .
VlORKERS' COMPENSA nON
AND
f,MPLOYFRS'LIAB1LITY
x Workers' Compensation
x Employers Liability
Employers Liability
Employers Liability
US Longshoremen &.
Harbor Workers Act
X Federal Jones Act
Statutory Limits
S} 00,000/$500,0001$ 1 00,000
S300,000/$500,000/$500,000
S1 ,900,000/$1 ,000,000/$ 1 ,000,000
Same as Employers'
Liabilit)'
Same as Employers'
Liability
WCl
WC2
WC3
WCUSLH
WCJA
rNSCKLST 1
Adl1\tnlSlrallon I nstruc\ion
U 709 :2
{ifNfRA1 " ARH ~T'{
As a minimum. the required general liability coverages will include:
All endorsements are required to have the same limits as the basic poliCY,
. Premises Operations
. B \anket Contractual
. Expanded Definition
of PropertY Damage
Required Limits:
x
GLl
GL2
GL3
GL4
Required Endorsement:
GLXCU
GLLIQ
GLS
AdmlnlSUiI\lon InstrUC\lon
.4iOQ 2
.
PrQ~uctS and Completed Operations
Personal Injury
.
$100,000 per Person; S300,000 per Occurrence
S50,000 Property Damage
or
$300,000 Combined Single Limit
S250,000 per Person; $500,000 per Occurrence
$50,000 Property Damage
or
$500,000 Combined Single Limit
$500,000 per Person; Sl,OOO,Oqo per Occurrence
$100,000 Property Damage
or .
Sl,OOO,OOO combined Single Limit
S5,000,000 Combined Single Limit
Underground, Explosion and Collapse (XCU)
Liquor Liability
Security Ser'\'ices
tNSCKLST 2
1996 E4ilion
VEH1CLF. LIABlr.~~
As a minimum, coverage should extend to liability for:
. Owned; Non-owned; and Hired Vehjc;les
Required Limits:
X
VLl
VL2
VL3
VL4
BRl
MVC
PRO 1
PR02
PR03
POLl
POL2
POL3
ED1
ED2
GK1
GK1
GK]
\11.1
x
AdmlnlSlra\lOn Inl'trucuon
U 70Q 2
$50,000 per Person: S100,000 per Occurrence
$25,000 Property Damage
or
$100,000 Combined Single Limit
$100,000 per Person; S300,000 per Occurrence
$50,000 Property Damage
or
$300,000 Combined Single Limit
$500,000 per person; SI,OOO,OOO per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
$5,000,000 Combined Single Lintit
M1SCE1,LANEOUS cnVF,RAGES
Builders'
Risk
Limits equal to the
completed project.
Limits equal to the maximum
value of anyone shipment.
Motor Truck
Cargo
$ 250,000 per occurrencelS 500,000 Agg.'
$ 500,000 per occurrencelSl ,000,000 Agg.
$1,000,000 per occurrencelS2,000,000 Agg.
$ 500,000 per OccurrencelS1,000,000 Agg.
$1,000,000 per Occurrence/S2,OOO,OOO Agg.
$5,000,000 per OccurrencelSl0,000,000 Agg.
$ 10,000
$100,000
Professional
Liability
Pollution
Liability
Employee
Dishonesty
x
Garage S 300,000 ($ 25,000 per Veh)
Keepers S 500,000 (S100,000 per V~h)
S1,000,000 (S250,000 per Veh)
Watercraft Liabi11tT $500.000
INScKLST 3
1996 EClman
INSURANCE AGFNT'S ~~~MFNT
I have reviewed Ibe above requiremenlS wi\h Ibe bidder named beldw. The {oUowing deductibles
apply to the corresponding policy. .
I '
DEDUCTIBLES
POLICY
Liability policies are _ Occurrence _ Claims h1ade
Signature
Insurance Agency
.
mDDFRS ST A ~MFNL
I understand the ins=ce that win be mandatOry if awarded \he conttaCl and win comply in fUll
with all the requirements.
Signature
Bidder
INSCKLST 4
AdminiSU'2tion Instruction
"709.2
\VORKERS' COMPENiiA TION
INSURANCE REQUlREf\1ENTS
FOR
CONTRAer
I
BET\VEEN
l\10NROE COUNTY, FLORIDA
AND
'996 Eclilion
Prior to the commencement of work governed by this contraCt. the Contraetor sbal1 obtain
Workers' Compensation Insurance with 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 shalI be maintained throughout the entire tem1 ofth'e contract.
Coverage shall be provided by a company or companies authorlzed 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 Authori23tion issued by the Department of Labor and a Certificat<
of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance lUnd, a Certificate of Insurance will be required
In addition, the Contractor may be required to submit updated financial statements from the fun
upon request from the County.
wel
Administration InstruCllon
1047092
\\'ORKERS' COl\1:n;:NSA TION
INSURANCE REQUIREMENTS
FOR
CONTRACT
,'--
1996 Edition
Recognizing that the work governed by this contraCt invoh'es Maritime operations, the ContraCtor's
Workers' Compensation InsuranCe Policy shall include coverage for claims subject to the Federal Joe
Act (46 U.S.C.A. subsection 688) with limits not less than those specified for Employer's Liability.
BET\VEEN
MONROE COUNTY, FLORIDA
AND
The CoelIactor sball be pencilled to providc Jones Act Covenge through a separate protection and
Indemnity Policy. in so far as the coverage provided is no less restrictive than would have been provi
by a Workers' Compensation policy. l
AdlnlnlSIl 3110n I nS\n1C\ion
.410<1 ?
\\'CJ A
1996 Edition
GENERAL LIABU..:TY.
INSURANCE REQUlREl\{ENTS
FOR
CONTRACT
I
BETWEEN
MONROE COUNT\', FLORlDA
AND
Prior to the commencement of work go\'emed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shaI1 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 Defmition of Property Damage
The minimum limits acceptable shall be:
S300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
#.
S100,000 per person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Fonn policy is preferred. If coverage is provided on a Claims Made poliCY, its
provisions should include coverage for claims flied on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum oftwclve
. (12) months following the acceptanCC 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
^dm'OIstr3\10n Instruc\lon
#4109 1
1996 Edi'"",
VEHICLE LIABILi~=i t.
INSU~~CE REQUIREMENTS
FOR
CONTRACT
BETWEEN
t.10NROE coUNTY. FLORIDA
AND
Recogni2ing that the work governed by this c:l)tl1rllCt requires the use of vehicles, the CC)11tIllClor,
prior to the commencement of work. shall obtain Vehicle Uability Insuran= Coverage sball be
maintained thrOughout the life of the contraCt and include, as a minimum, liability coverage for:
. Owne~ Non-Owne~ and Hired Vehicles
The minimum limits acceptable shall be:
. $100,000 Combined Single Limit (CSL)
~
If split limits are provided. the minimum limits acc:cptable sball be:
. ,
$ 50,000 per person
$100,000 per Occurrence
$ 25,000 property Damage
The Monroe County Board oCCounty commissioners shall be named as Additiona1lnsured on
all policies issued to satisfy the abo\'e requirements.
VLl
KO
^dnllOl~UallUn In!'lruclion
U70Q "2
1996 E,diUoa
l'OLLUTlON UABlLITY
INSURANCE REQUIRE'MENTS
rOIl
coNTRACt"
. B~
MOl'TtlOE coUNTY, FLORIDA
AND
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Reeogr>;'Ting that the worl< governed by this conuact Un'lllves the stOrage, ueaunent. processing,
or ttaDSJlortinll ofba:zordous ".awillls (as defined by the FcCeral En~ Ptow:Uon
AgenCY). the tonuactOr sba1I purchaS= and ~ thtougboUt the \ife of the conuact.
pollUtion Liabiliry JnsurZI1= which will respond to bodily injury. propertY daml!2e. and
en~-ironmcn1al ~ caused by a pollution incident- -
The miniInum liInits of liability sbal1 be:
S500,000 per occmr..nc:/S1,000,000 Aggregate
If cover.>ge is pro\-ided on a c\ai1nS made basis. an extellded c\aimS reponing period of four (4)
years will be required.
POLl
Ac;ministr:nion InS\fUc\ion
U 709.1
\
.
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\V A TER CRAFt' LIABI.LtfX
INSURANCE REQUlRElVcr:N1'S
FOR
CONTRACT
, '
BET\\'EEN
MONROE COUNTY, FLORIDA
AND
Prior 10 the commencement of work governed by this contraCl; the Contractor shall obtain
Waler Craft Liability Ius= with terms no less rcsuictive than those found in the
standard" AIIIcrican Institute Hull Clauses" (June 2, 1977 edition). Coverage shall be
maintained throughout the life of the contraCt and include. as a minimum:
. Injury (mcluding death) to any person
. Damage to riXed or Movable ObjedS
. CostS Associated with the RemOVal of Wrecked Vessels
. ContractUal Liability with Respect to this Contrad.
If the policy obtained stateS that coverage appUes for the " AClS~r Omissions ora Vessel",
it shall be endorsed III provide coverage for the legal liability of the sbipo\Yllcr.
The minimum limits acceptable shall be:
$500,000 Combined Single Limit (CSL)
....
Co\'crage pr<l\ided by a protcetion and Indemnity Club (P84) shall be subject to the
approval of the County.
The Monroe County Boan!. of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
. .
\VLl
^dmmlsna\ion 1."UUCHon
.47092