DV3A3719
."
CONTRACT AGREEMENT
~ . .1//
AGREEMENT, MADE TillS 2/) day of lltY V 2002, by and
between, Blue Water Marine Services, Ine. ("Contractor"), and the BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, of the County of
Monroe, State of Florida ("Board").
The Contractor and the Board, for the consideration named agree as follows:
I. The Contractor shall furnish all the materials and perform all the work required to remove
and legally dispose of DV3A3 719 located off of Islamorada 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 November 30, 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 $ 4.128.83 for the removal and legal disposal of
DV3A3719. 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,
I
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 11-30-02 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, WC1,
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
2
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.
BOARD OF COUNTY COMMISSIONERS
OF MONROE CO TY, FLORIDA
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INClDENl:/SUMMARY REPORT NARRATIVE REPORT# c'2.-~\i.-A-4- \3'7"7/ 0
ORIGINAL
SUPPLEMENT
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A Number of Investigative Miles INUmber of Investigative ~urs 1 Total Number of Investigative Hours
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N Reviewed By (Please Print) Reviewer's Signature T Date
FWCDLE..Q4SA (01102)
Page
of
DERELICT OR ABANDONED VESSEL REPORT
DV# 37/9 or AV#
INCIDENT # 02-SE_~.v-/3777 - D
REGIDOC# No n ~
CURRENTLY REGISTERED? YES_
H.I.N. No",e,.
LENGTIIJ.1.2 FT. MAKE I-Io,.,,~ Mqde
NO X LAST REGISTERED DATE fiN K .
ALIEN? NO_ YES_ WHAT COUN1RY?
TYPE Jlous~6o,..,-f
STATE UN K .
HULL MATERIAL: WOOD_FIG X IvfETAL(SPECIFY) RUBBER_ OTHER (SPECIFY)
COLOR_Whi.fe MOTORATIACHED? NO_ YESXUNK_O/B_I/OXIN_
ANY NA!v1E, WORD, DISPIA Y OR OTHER IDENfIFIERS?
CUSTODIAN OR OWNER IJAJ)( . DATE OF BIRTII
ADDRESSo:ROMDLORMOSTCURRENI)
CITY STATE ZIP PHONE
DRIVER'S LICENSE# S/S# OTHERID
VESSEL'S PHYSICAL LOCATION [a:;,lel'/I Side 01 L,/lle JII$/" -1$/(JMtH" d Iff
NEARESTMARKER/LANDMARK L.i-l-lle &is,'" 'LAT/LONG ~J/o 55"'f)~ 80Q 38" .,2(';"
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DERELICT VESSEL CONDITION: WRECKEDL JUNKEDL SUBSTANITALLYDISMANTLED K
ABANDONED1.. SUNK~ BROKEN UP L PART OF A VESSEL_ BURNED~ CAPSIZED_ LISTING_
SCUITI.ED_ FULL OF HOLES_ FILLED WITII WEIGHf_ FULL OF WATER_ OTHER
NUMBERS OR IDENTIFIERS REMOVED )( HEAL TII HAZARD (EXPLAIN)
ABANDONED VESSEL CONDITION: ABANDONED_ INOPERATIVE_ PARTIALLYDISMANTI.ED
NO APPARENf INTRINSIC V ALUE_ PERSONAL ITEMS ONBOARD _ OTHER
VESSEL IS: AFLOAT/ADRIFT_ AGROUND_ WASHEDASHORE_ INWElLANDSIMANGROVES_
DOCKED_PULLED ONSHORE_ ANCHORED_TIED TO OBJECT(sPECIFY)
CAUSED BY: NATURAL DISASTER_ UNKNOWN_ OTHER
SUBMERGED 100 % DEPTH If FEET DAMAGINGSUBIvfERGEDLAND: NO_ YES)( UNK_
INJURING BENIHIC COM:MUNITY: NO_ YES X OTHER:
OTHER PROPERTY DAMAGE: NO X YES_ (EXPLAIN)
PROPERTY OWNER: STATE SUBIvfERGED LAND)( FEDERAL_ OTIlER
OWNERJADDRESS
NAVIGATION HAZARD: NO UNK YES>< (EXPLAIN)1',., I-A~ ,.,/JJle .,1 Ne1v"qqt/~ lost'"
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TOWED WITIIOur REPAIR: NO _ UNK X YES_ (EXPLAIN)
ENVIRONMENTAL THREAT: NO_ UNK_ YES X (EXPLAIN) ves~e/ Jretrll'Aq a~t'(~-I ulfJel" wak,..
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RECOMMENDED DISPOSITION: LEAVE AS IS_ REMOVE FROM WATERX TAKE TO LANDFIIL.2(..
HAVE OWNER/CUSTODIAN REMOVE_ T.O.T. MARINE HABITA T_ OTHER
NARRATIVElDillGENT SEARCH: CI.~cR.ed ~':'I-t, a/he/' 1;'~4.1eu!u.d vessels /'" -Ite eU~q.
No o,,~ r;,~w W~Q ~QS I'~ Dw"e/, 0/ ,11-lP Ve~S4t I.
OFFICER,AGENCY~/C. JOI" :/. AI~u'v,'i"I #J'-,;)$~
REVIEWED BY (PRlN1) if 'S . -S. C::iJ 'if. b\~C (SIGN)
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DATE It) -0#-0,2
DATE Jo-IO'OZ-
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NOTE H
EVERGLADES NATIONAL PARK
(protected area)
'The killing, collecting, or molesting of
animals. the collecting of plants, and waler-
skIIng ore prohibited by Federal Regulations,
NOTE B
~~ daybeacons are private and
positions are approximate,
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NA TIONAL PARK
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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
contnlct where such coverage is not provided in other portions of the documents.
.., BID F0R11A 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 combinecL relatecL linke~ or discounted bids. Not applicable due to emergency
removal of one or more derelict vessels for less than S25,OOO total.
3. PLA.NS: There are no plans for this project, but copies of the Florida Marine
Patrol Derelict Vessel Report with location sketches L.1ve 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. We 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 shaIllimit vessel removal based on the
considerations and cost effectiveness.
4. VESSEL IDENTIFICATION AND LOCATION: Each of the vessels have been
gh'en 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
location. description and condition. If a derelict vessel cannot be (1) locatecL (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 all laws
for payment to be made.
It is WlderstoOd that the ContraCtor bas. by personal examination and inquiry, if
necessary, satisfied himself as to local conditions of each derelict vessel and as to
the me:ming, requirements and reservations of the specifications; for after contraCt
lening, no deviation will be allowed. In case erroIS are discovered. they are
to be reported by the ContraCtor to the County. The county assumes no
responsibility should there be any disctepancies in what is stated 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 patrOl Derelict Vessel
Report. Other derelict vessels in the area but not under Conuact. cannot be
molested.
It may be possible to replace a derelict vessel of1ike kind. for the same or less
money, when mutual agreement can be reached by the Florida Department of
Environmental Protection. Monroe County Admin\sttalOt of the Derelict Vessel
Program. and the Contractor. ibis will be applicable "hen a contraCted derelict
vessel cannot be located. No derelict vessel may be replaced and removed without
the tri-part)' consent noted in rbis paragraph. A contractor may suggest a possible
replacement vessel but he may not remove it without the awropriate consent above.
5. SCOPE OF WORK: The Contractor shall be responsible for providing all permits,
supervision, labor, equipment, tools, fees and taXes required to complete rbis
project 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 sha1l be removed from its present site
in such a manner as to do the least possible damage to the !llIlUllll environment.
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 Wlto the
water or land. All pollutants shall be removed from 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 near grass or sponge flats extreme caution must be useJi to do the least possible
damage.
2
prior to delivery of derelict vessels to the disposal site, the Contractor must remove
all oil, gas and engines. He must dispose of them in any legal manner. Pure used
oil will be taken by Monroe County for disposal. Mi~ of oil, gas, seawater or
any combination of the three must be ttanSported from the County by an approved
h=dous waste handler. The names ofhandleIS win be supplied by the Monroe
County Solid Waste Department. Mew becomes the property of the ContraCtor.
6. Mil. TERIil.LS AND WORK.'AANSIDP: The ~ontractor shall provide the
necessary materials and equipment to safely complete the job. The Contractor
agrees that all work shall be perfonned by competent employees who are
experienced and qualified to do the work specified. and that all work will be
performed in accordance with the best co=ercial practices. A list of equipment
to be used and a description of the removal and uansporting procedures to be
followed must be provided to the County at the pre-work conference described
below.
Precaution shall be exereised at all times for the protection of peISons and properlY.
The safety provisions of the Occupational Safety and Health Act of1970 (Public
Law 91-596) and other applicable laws, including building and constrUction codes
shall be observed. Machinery, equipment and other baz3tds shall be guarded in
accordance with safety provisions of the "Manual of Accident prevention in
constrUctionrt, published by the Associated General Contractors of America, to the
exter.t that such provisions are not in contradiction of applicable law.
If:my property is destroyed by any cause or means whatsoever, the ContraCtor shall
repair :md replace or not receive payment for the unaccomplished work. The
Contractor shal; maintain suitable and sufficient guards and barrleIS, and at night,
suitable :md sufficient light or other appropriate security or protection for the
preyention of accidents.
Use of explosives is prohibited in carrying out the project.
7. ASSIGN11ENT OF CONTRACT AND SUBCONTRACTS: It is expressly
understood that the ContraCtor is in all respects an independent Contractor for this
work. not withstanding under certain conditions he is bound to follow the
directions of the County, and is in no respect an agent, servant, or employee of the
County. Cleither the Contract. nor any part thereof, nor any Moines due or to
become due thereunder, may be assigned by the Contractor without the prior
\vr1nen approval of the County.
.---- --..--- .--"
----~
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3
The Contractor is fully responsible to the County for the acts an~ U6U......---
subcontractors and of persons either directly or indirectly,employed by said
subcontractor, as he is for the acts and omissions of persons direCtly employed by
him. Nothing contained in the relation betwCCI1 any subcontractOrs shall abide by
the termS, conditions, and requirements of this Conttacl. It is the responsibility of
the Contractor to pay all debt obligations incUIIed with subcontractors in an
expedient manner.
8. LEGAL RESTRICTIONS. PERMITS AND TRAffiC PROVISIONS: The
Contractor shall comply with all applicable 10ca\, State and Federal requirements
pertaining to the =s of this Contract. The Contractor will be responsible for
obtaining, at his own expense, any licenses or permits that may be required :md
should inquire about permit requirements with the appropriate agencies. The
Contractor shall comply with all the requirements of the Federal pollution Conuol
Act.
The Conuactor shall conduct his operations so that he shall not close :my
thoroughfare nor interfere in my way with uaflic on higJ1ways, or on water,
without the written consent of the proper authorities. Work shall be done at:my
time that shall not interrupt or disturb members of the public.
Utilization of off-loading sites located on private property (water to !and for
tranSport to the landfill or other disposal site by vehicle) must have written
approval of the land owner.
The Florida Marine pauol should be contacted to initiate eviction proceedings for
contracted derelict vessels which are inhabited at the time of removal and when
another vessel is too close to the conuacted derelict vessel to alloW safe operations.
Direct confrontations with other boaters should be avoided md the Florida Marin"
Pauol should be contacted immediately if such confrontations results from removal
of any contrac~ed derelict vessels.
9. INSURANCE: The Conuactor must obtain jnsuta11ce required by the County md
submit proof of same to the County prior to acceptance of bid md conuact approval
by Board of County Commissioners but no later than five working clays after notice
of low bidder. All insUtlltlce shall be maintained until work has been completed
and accepted by the County.
The Contt:lctor shall furnish the following certificateS of insUtlltlce for review by
the County's Risk Manae:ement Division:
. -
Certificate (s) oflnsUtlltlce which clearly indicates that he has obtained the
insurance coverage required in paragraphs a,b.c and d below.
--....- .--.
-' - -
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.. "..... -....
4
The Contractor hereby certifies that no modification or change 1n 105\14o.ll11ooloo ..--
made without (10) days written advance notice to MONROE County, clo 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 tban
$500,00.00 per oCCUIICnce for Bodily Injury and property Damage combined. to
include contractual liability.
c. pollution Liability Insurance in the Amount ofS500,OOO.
d. Water 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 wor~ in an amount not bss than
$300,000 per occurrence for Bodily Injury and Property and Damaged combined.
All insurance policies required above shall be issued by companies authorized to do
business under the laws of the state of Florida. The MONROE County Board
of County Commissioners must be listed as "Additional Insured" on all policies.
except for the Worker's Compensation policy.
10. coMMENCEMENT. DELAYS AND COMPLETION OF WORK: After
receiving Board of County Commission approval of the ContraCt. and after
reconciliation of any 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 ContraCtor to commence. The ContraCtor sball
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
Contract by enforceable causes beyond his control. the time for the completion of
the 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.
Extensions of time cannot legally be approved unless the written request is
submitted in the time to permit it to be acted upon before the Contract expiration
date. To allow sufficient time for the adrninisUative 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 ContraCt
expiration date. .
- ....,.- ~
-",.... -,'-
5
Provided further that the ContraCtor shall within ten (10) days from the begi11l1lng
of such delay notify the County, in writing, of the causes of the delay. The County
representative will ascertain the facts and the extent 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 ne,'ertheless permit the Contractor to continue:me; complete the same
without official extension of time in writing, such permission shall not modify nor
waive any liability of the Contractor for damages arriving non-completion of work
within the time limit. but such liabilities shall be subject to continuation in full
force :lgainst the contractor.
11. CHA.NGES 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 shall be
binding upon the Contractor and upon all his subcontractors, employees and agents
of every kind.
All work and every process and opero.tion shall be suoject to inspection at all
times, and the County and their tepresentatives shall have free access to all aspects
of the work.. The ContraCtor shall remove and make good. as may be directed.
without charge, any defective work.. Oversight or ener 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
ge::ed intention of the contraCt for any part of the work or materials, either before
or after work has 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
da:nages. 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 actual
eEorl 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.
1:. .""eDIT RIGHTS: 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
re<>ted to this project for a period of up to one year and during and aftertennination
of :he contract.
1:. CQNTR.""CT AWARD: The County reserves the right to evaluate the submitted
bids ond 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
6
Florida Marine pauol Derelict Vessel Report is included. One bid win be acceptea
and a Conuact issued for the total =val of all listed derelict vessels as one
..
project, up to the limit of available funds.
The actual number of vessels to be =ved will depend on the accepted per foot
bid price and the available funds.
14. PREWOR!( coNFERENCE: A meeting will be necessary involving a
representative of the County, the contractor and other parties with direct
involvement prior to the signing of the Contract. The time and place of this
conference win be set by the County representative. At this time the Conuactor
shall provide the County with a schedule as to the order in which he proposes to
remove the vessels awarded to him.
15. CONTRACT SECURITY: The Conttactor is expected to act and deliver in good
faith all 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 :UlY
furore contracts with MONROE County. ·
16. EXEcunON OF CONTRACT DOCUMmIT: Due to the time frame involved
with this project, the Conuactor upon notification that he is to be awarded the
contract documents for execution, sha1l retmn said documents properly executed
along with insunu= within TEN woRKING DAYS. This win assist in
acceleration of execution of the contraCt documents.
The Conuactor, by virtue of signing the Contract, acknowledges that he and all bis
subcontraCtors have satisfied themSelves as to the natUIC:Uld location of the work.
the general and local conditions, including, but not restricted to, those bearing upon
tranSPortation, handling, access to the pick-up and disposal sites; and the character
of equipment and facilities needed to perfonn the worlc. Failure on the part of the
ConuactOr to completely or properly evaluate arry factorS ofhis costs prior to
bidding sball not fonn a basis for additional compensation if he is awarded the
Contract. . ..
If for :UlY reasons, not acceptable to the County, the Contractor does not perfonn.
the County shall have the right to levy liquidated damages against the Contractor.
Liquidated damages in the =ount ofSIOO per day sball 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. NOnCE TO PROCEED: The ContraCtor sball commence work upon this project
within one week of the date of the Notice to Proceed lener and perform in a
continuous manner until completion and acceptanCC by the County. For Conuacts
. ...- ....--. .-------.. -...
7
wherein a specified nwnber of days for completion is slated in the ContraCt, the
effective date of the "Notice to proceed with Contrael Work" will establish the
"beginning daten of the project.
18. TERMINA nON OF CONTRACT: This ContraCt may be tenninated by the
County, giving up to ten (10) days written notice to the ContraCtor; said notice
shall be sufficient if delivered to the party personally 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 fina1 payment sbaI1 be made, the Comractor sbaI1 remove from the
sites all machinery, equipment, surplus and discarded ~terials and temporary
strUctures. The disposal of materials, rubbish and debris shall be made at a legal
disposal site.
20. DISPOSAL SITES AND FEES: The Contractor is responsible for disposal of all
derelict vessels included in this contraCt and must make arrangements for legal
disposal. It is the responsibility of the ContraCtor to pay all disposal fees
incurred, and such removal related costs should be considered when bidding on this
contract.
The Contractor will deliver the derelict vessels to a Florida Department of
Environmental Protection permitted disposal site that has current occupational taX
licenses. It is the intent of this contraCt to remove derelict vessels from their
present site and legally dispose of them. Upon receipt of vessels at the landfill,
they must be disposed of immediately.
There 3!e severa! Monroe County disposal sites, Cudjoe Landfill, MM 21.5
(vessels must be 26' and under to be delivered in tact, over 26' they must be
broken up), Long Key Landfill MM 68, and Can:! Sound Road AKA SR905 other
landfills in neighboring countries or any other location for disposal as long as the
site is a legal licensed disposal site. Prior to traDSportlllion of vessels out of
County the County representative must approve. Vessels being disposed of at
County Landfill sites must be free of pollutants and engines.
21. PROOF OF PROPER DISPOSAL AND NOTlFICAnON TO ~
PATROL: Contractor must submit prior to receiving any payment: A receipt for
each vessel including the date of disposal. the Florida Marine patrol Derelict Vessel
Number, disposal site location, and the telephone nwnber. 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 first photograph must be of the 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 background to
depict disposal (i.e., building or sign identifying disposal site). The derelict
vessel number, when possible, must appear in all photographs.
The Contractor will be responsible for the camera. fi\m, and development costS.
The photographs should be taken with a Polaroid camera that provides jnst:mt
photos since this miniroizes loss of documentation due to camera malfunction or
loss overboard. This photos must be submitted on a vcss~1 by to document the
removal and disposal of the contracted vessels final payment can not be assured.
The Contr.lctor must notify the Florida Marine patrol and the County
Representative in writing as to the werle schedule of removal. This should be done
after the pre-werle conference with the CountY representative. Notification is to be
made before doing any werle on each vessel. This multipartY communication for
each Derelict Vessel is a requirement of the contract.
22. PAYMENT: All payments for the removal and disposal of each vessel, sbaI1 be
for the perfonnance of the work as stipulated in these "l'ecifications and associ:l1ed
contractual documents. The unit tate of bid sbaI1 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 explicltly 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 tIutt no payment will be forthcoming 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 from the Florida Marine paucl
and a Representative of the disposal site at the time of delivery .
In addition, property, public or private, if damaged during the work or removed for
the convenience of the work, sball be replaced at the expense of the Contractor in a
manner acceptable to the County and the Owner, prior to the final payment for
contr~cted work..
:3. NON-COLLISION AFFIDAVIT: Upon entering into the contract, the Contractor
agrees to sign and endorse the Non-Collusion Affidavit fonn (attacbed).
:4. ETHICS CLAUSE: Upon entering into the contract, the Contractor agrees to sign
and endorse the Ethics Clause form (attached).
:5. DRUG FREE WORK PLACE FORM: Upon entering the contract, Contractor
agrees to sign and endorse the Drug Free Work place fonn (attacbed).
9
26. DERELICT VESSELS AT ISSUE: The derelict vessels listed on the DereliCt
Vessel Working Bid List shall be removed and disposed of by the ContractOr
in accordance with the provisions of these Specifications.
10
1996 Edition
EXHIBIT C
=r
f\iONROE COUNTY, FLORIDA
INSURANCE CHECKLIST
FQR
VENDORS sun~ufTING PROPOSALS
FOR \VORK
To assist in the development of your proposal, the insurance CQverages marked with an "X" will
be required in the event an award is made to your firm. please review this fonn with your
insurance agent and have himlber sign it in the place provided. It is also required that the bidde~
sign the form and submit it with each proposal.
WORKERS' COMPENSATION
AND
~MPLOVF-RS' LIA BTLITY
X \\Torkers' Compensation
x Emplo)'ers Liability
Employers Liability
Employers Liability
US Longshoremen &.
Harbor Workers Act
X Federal Jones Act
Statutory Limits
S} 00,000/$500,0001$100,000
S300,000/S500,0001$500,000
Sl ,000,000/Sl ,000,000/$ 1,000,000
Same as Employers'
Liabilit)'
Same as Employers'
Liability
WCl
WC2
WC3
WCUSLH
VlCJA
INSCKLST 1
Adl1\lnlSn3110n InstruClIon
.. 709 '2
GfNF'R A..l l l A.. R n :7"'{
As a minimum. the required general liability coverages will include:
. Premises Operations
. Blanket Contractual
. Exnanded Definition
of Properry Damage
Required Limits:
GLl
x
GL2
GL3
GL4
Required Endorsement:
GLXCU
GLLI Q
GLS
.
Pro~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 .
S1,000,000 Combined Single Limit
S5,000,000 Combined Single Limit
Underground, Explosion and Collapse (XCU)
Liquor Liability
Security SeI"'.'ices
All endorsements are required to have the same limits as the basic policy.
Admml~lra\lon Instruction
U 709 2
tNSCKLST 2
1996 Edition
VEHICLE TJABIT~~!'
As a minimum, coverage should extend to liability for:
. Owned; Non-owned; and Hired Vehj~les
Required Limits:
X
VLl
VL2
VL3
VL4
BRl
MVC
PROl
PR02
PR03
POLl
POL2
POL3
EDl
ED2
GKl
GK1.
GK3
\lT41
x
x
AdmlnlSlra\lon In!'truc\lon
u 70<) :
$50,000 per Person: $100,000 per Occurrence
$25,000 Property Damage .
or
$100,000 Combined Single Limit
$100,000 per Person; $300,000 per Occurrence
$50,000 Property Damage .
or
$300,000 Combined Single Limit
$500,000 per person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
$5,000,000 Combined Single Lin}it
h'1TSCFLLA ~Tf:OUS COVE'RA GES
Builders'
Risk
Limits equal to the
completed project.
Limits equal to the maximum
value of anyone shipment.
Motor Truck
Cargo
Professional
Liability
$ 250,000 per OccurrencelS 500,000 Agg..
$ 500,000 per OccurrencelS1 ,000,000 Agg.
SI,OOO,OOO per OccurrencelS2,000,000 Agg.
S 500,000 per OccurrencclSl,OOO,OOO Agg.
SI,OOO,OOO per OccurrencelS2,OOO,OOO Agg.
S5,000,000 per OccurrencclSl0,OOO,000 Agg.
$ 10,000
S100,000
pollution
Liability
Employee
Dishonesty
Garage $ 300,000 ($ 25,000 per Veh)
Keepers $ 500,000 ($100,000 per Veh)
$1,000,000 ($250,000 per Veh)
Vatcrcraft L1ab~1ity $500,000
INSCKLST 3
1'77U ~y...v..
INSURANCF- AGFNT'S ST~~MENT
I have reviewed the above requirements with the biddcr namcd belo'w. Thc following dcductiblcs
apply to the corresponding policy. --
. .
DEDUCTIBLES
POLICY
Liability policies are _ OccUlTcnce _ Claims l\.{ade
Signaturc
Insurance Agency
.
BTDDFRS STATEMENT
.
I understand the insurancc that will bc mandatory if awarded the contract and will comply in full
with all the requirements.
Signaturc
Bidder
INSCKLST 4
AdminiSlr3UOn Insu\lc\ion
147092
1996 Edidon
\VORKERS' COMPENUATION
INSURANCE REQUIREJ\{ENTS
FOR
CONTRACT
,
BET\VEEN
!\{ONROE COUNTY, FLORIDA
AND
Prior to the conunencement of work governed by this contrac~ the Contractor shall obtain
Workers' Compensation Insurance ~rith limits sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance ",rim limits of not less
than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease., policy limits
$100,000 Bodily Injury by Disease., each employee
Coverage shall be maintained throughout the entire term ofth'e contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization 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 fund, a Certificate of Insurance will be require:
In additio~ the Contractor may be required to submit updated financial statements from the fur
upon request from the County.
\Vel
Administration Instruction
U7092
1996 Edition
,"ORKERS' COl\tn::NSATION
INSURANCE REQUIREMENTS
FOR
CONTRAcr
I I
BET\VEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract involves Maritime Operations, the Contractor's
Workers' Compensation InsuranCe Policy shall include coverage for claims subject to the Federal Joe
Act (46 U.S.C.A. subsection 688) with limits not less than those specified for Employer's Liability.
The Contractor shall be permitted to provide Jones Act Coverage through a separate Protection and
Indemnity Policy. in so far as the coverage provided is no less restrictive than would have been prov:
by a W orkersl Compensation policy. .t
\\'CJA
AdmlnlslI 3110n Inslructlon
U '70q ']
....- '"
. Y'lQ talllon
GENERAL LIADII;!-TY.
INSURANCE REQUlREf\IENTS
FOR
CONTRACT
.
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. CoveralIe shall be maintained throu2hout the life of the contract and
include, as a minimum: - -
. Premises Operations
. Products and Completed Operations
. Blanket Contractual Liability .
. Personallnjury Liability
. Expanded Defmition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
I.
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should C).."t~nd for a minimum of twelve
. (12) months following the acceptance of work by the County. . .-.-
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfY the above requirements.
GLl
AdminIstration Instruction
U7092
1996 Edition
VEHICLE LIABILft=r e.
INSU~"IlCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
ftfONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehiclcs7 the ContraCtor,
prior to the commencement ofwo~ shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life afthe contraCt and include7 as a minim~ liability coverage for:
. Owne~ Non-Owne~ and Hired Vehicles
The minimum limits acceptable shall be:
. $1007000 Combined Single Limit (CSL)
.a
If split limits arc provide~ the minimum limits acceptable shall be:
. ,
$ 507000 per Person
$100,000 per Occurrence
$ 25,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
VLl
Adnumstr31111n Instruction
U 70Q 2
KO
1996 EdiIiGIl
.
POLLUTION LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACI
BETWEEN
MONROE COUNTY. FLORIDA
AND
Reeogll;.,;"g that the work govemcd by this canuact in\'Cllves the stDrage, m:aunent. processing.
ortranSponing ofha=dous mawia1s (as defiDcd by the Fed=al ~ ProteCtion
Agency), the CQI1UlICUlr shall purc!1as: and mainmin,1b%aughout the life of the c:omnct.
PollmiOll UabilitY rns=ce Which will ~~.to bodily ugury, praporry d~ and
environmental ciamage caused by a ponunon mCtdent.
The !I';fl;mum limits of liability sbaIl be:
I
f
5500,000 per o ccmr:::c:lS 1 ,000,000 Aggregate
If CQverage is pro:ided OIl a claims made basis, an exlCI1ded c1aims reponing period offour (4)
years will be reqUlred.
POLl
Ac!ministr:l110n InstrUc:tion
",-mo .,
71
\
i
..
..
''YATER CRAFT LIAD'~
INSURANCE REQUlREJ\~N1'S
FOR
CONTRACT
. '
BET\\'EEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement oi work governed by this contract; the Contractor shall obtain
Water Craft Liability Insurance with tenns no less restrictive than those found in the
standard" American Institute Hull Clauses" (lune ~ 1977 edition). Coverage shall be
maintained throughout the life oithe contract and include, as a minimwn:
. Injury (mcluding death) to any Person
. Damage to FIXed or Movable Objects
. Costs Associated with the Removal oiWrecked Vessels
. Contractual Liability with Respect to this Contract
If the policy obtained states that coverage applies for the "ActslJr Omissions oi a Vessel" t
it shall be endorsed to provide coverage for the legal1iability oithe shipowner.
The minimum limits acceptable shall be:
$500,000 Combined Single Limit (CSL)
.".
Coverage pro\-ided by a Protection and Indemnity Club (P~I) shall be subject to the
approval of the County.
The Monroe County Board oi CoUnty Commissioners shall be named as Additional
Insured on all policies i~ed to satisfy the above requirements.
\VLl
AdmlRlStrlli<:ln In\lruC\lOn
14 709 2