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10/15/1997 DV03A: 2373 & 2450 1Dannp lL. 1Ltolbage BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARA THON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-174S CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM TO: Peter Horton, Director Division of Community Services FROM: Isabel C. DeSantis, Deputy Clerk Date: December 1, 1997 At the October 15, 1997 Commissioner's meeting, the Board granted approval and authorized execution of a Contract Agreement between Monroe County and Arnold's Towing for the emergency removal of DV03A2373 and DV03A2450. Enc.losed are duplicate originals of the above Agreements for your return to the Contractor. Should you have any questions, please do not hesitate to call. cc: County Attorney County Administrator, wlo document Finance /ile CONTRACT AGREEMENT AGREEMENT, MADE THIS I !.)YI day of /')C /tt~~tr(1997, by and between, Arnold's Towing ("Contractor"), and the BOARD OF COU~~TY COMMISSIONERS OF MONROE COUNTY, FLORIDA, of the County of Monroe, State of Florida ("Board"). 3:0 Th,e Contractor and the Board, for the consideration named agree as follo~: ~ ~... ;::J' '" <'::> C":; 1. The Contractor shall furnish all the materials and perform all the worIt1s~;': C'), o required by the Specifications for the Emergency removal of DV03A2373 an~ . -1 .-<.. DV03A2450 for which Florida Marine Patrol Derelict Vessel Reports are attfltthed ras to l> Exhibit A. 2. The work to be performed under this contract shall commence immediately from the date the Liaison provides the Notice to Proceed and shall be completed by October 31 ~ 1997. 3. The Contractor understands the rules of the Florida Department of Environmental Protection and shall comply with those rules, along with the rules and proced.ures instituted by the Board to ensure an orderly progress to the project. Both the intent and the requirements of the specifications, attached as Exhibit B, are understood by the Contractor. 4. The Board shall pay the Contractor $ 45.00 per linear foot for the removal and legal disposal of DV03A2373 and DV03A2450. Payment will be upon completion of work by the Contractor and review and approval by the Marine Projects Coordinator. ,. CD -.J C) ,..,.., n ~ :D ::3 ... ,"J -~J rq ~~') ...::> ::0 o C".) r" 5. The attached Derelict Vessel Reports, Specifications, and the Monroe County Insuran.ce 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, damages, and expenses (including attorney's fees) vvhich 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 13 does not vitiate this indemnification provlsllon. 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- 31-97 that the Contractor's obligations under this agreement remain unperformed. The parties 2 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 VL1, WCI, WCJA, GL1, WL1, & POLl attached as Exhibit C. All policies must list Monroe County as additional insured with the exception of the Worker's Compensation policy. 12. 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 be awarded or perfonn work as a contractor, supplier, subcontractor, or consultant under a contract with allY public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO ($10,000) for a period of 36 months from the date of being placed on the convicted vendor list. 13. The Board may terminate this agreement with or without cause at anytime upon giving the contractor a minimum of ten days in writing. The contractor, upon receipt of the notice, shall immediately cease work. The Board shall pay the contractor 3 the percentage of the contract sum which is proportional to the amount of work performed by the contractor in a manner satisfactory to the Board up to the date the Contractor received the Notice of Termination. IN" WITNESS WHEREOF the parties hereto have executed this Agreement to day and year first written above. By: - } / 1'"'\) fA.,Cr2/!~~(I.c'/ t-... .. /;;\ ,/(~'c -( . --,/ -t.'---f ' .J:J f J Title: Owner Business name: Arnold I sTowing BOARD OF COUNTY COMMISSIONERS OR/CHAIRMAN (SEAIJ) ATTEST:f; '\n'.r~{Y(,. J((1IIPAGE. Clerk .JJ.) o..L.J C. ~~ CLERK B 4 FL MARINE PHTRfJL Fax:30S-289-2326 Sep 15 '97 13:35 P.02 EXHIBIT A INCIDENT REP()RT NARRATIVE CONTINUATION REPORT' ATTN " O'~L. ~DP~ H2DM ~ .oa:. \). b-.IESLN.~ __~ .'~.: 't~ ~\:ZLJ cr \i.~ 'C>ft-l1:::., : C{ - I c:; - q 1 \.U ~ ... ~ << ~ ~ ~ o IrJ C\ - \Y - ~l ..L 06.S~vCDO \J1:i;. ~"> 13 (:) N T1+t Sc\.A1"\-t€::~T .PO~LNTdO..c \="U2Jv\M'1 Nb. Lt.Y. \l-1'I~ lSA-N~d.kO-.-Pr-n()N \=0 .e... T1-tE v ~~GL t.\NdOi r \~. T\t.D TO ~. '\2-:~ . llr: ,.--wI S Lt NI:.. lbe...~LST1+E Tl Df\1....., Cutrtt'Nrw ILL.6\A~a\..f . mOve:- 'D-\'~ U E:G::2Q.. pc~\ CbL\fdO A1v'\ Ab'\ N.G '~d\=-L~M 1 N.b-' C~ tv~ (bfL l'Ob~A- ~\o LNn:1L 'F-a tN b LJ..) \ -rt-\- N A--0 i0 A-3"l. Df'-\. ate IN > ;=. <( << ... cfj ~ ~ Cllation Number o c:( Number Arr8sted oaTS Numbor Originel 0 Supplement 0 OfF' ZO.045A (e/9~1 P.g~ _ of __ FL MRRIN[ PRTROL Fax:30S-289-2326 Sep 15 '97 13:35 P.03 INCIDENT REPORT NARRA riVE CONTINUATION G.. ~ ~ 7. ~ 8. 9. 10. 11. 12. ZONE = 3 1. DERELICT VESSEL 1/ 3A. 2373 INCIDENT /I REG /I FL 4091EK LENCTH~n-. MAKE: Starcraft MODEL HULL MAT~RIAL: WOOD_ F/v_ METAl_ OTHER (SPECIFY) AluminUlD MOTOR YES_ NO L TYPE OTHER ID~NTIFrERS 973A5853 COLOR White/Blue 2. VESSEL OWNER: Arthur V. HU1Jlphx:ies Jr. ADDRESS: PO Box 2165 Key West, 11 33040 D.0.8. 7 / 15/44 COUNTY Monroe 3. PHYSICAL LOCATION OF DV: Behind Rat Island resting against mangroves bordering lATITUDE/LONGITUDE (OEGREES. MINUTES. SECONDSISigsbee Park. 24-34-176/081-47-115 4. CONDITION: WRECKED~ JUNKED~ DISMANTlED _ ABANOONEO_ AGROUND BURNED_ CAPSIZEO_ BROKEN UP ~ 5. SUBMERGED % D~PTH FT. ANCHORED X ADRIFT ON SHORE_ IN WETlANDS_ TIED TO 08JECT _ OTHER_ PROpeJ~TV OWNER: State of Florida PERMn. FOR ABANDONMENT: YES_ NO~ ISSUED 6Y STATE LAND__ ABANDONMENT REASON Unk:o.own NAVIG~,TION THREATENED? YES---!- NO_ HOW Unlighted.. may get hit at night. ENVIRONMENT ENDANCERED? YES X NO HOW Pushed up against mang~oves. ~ -- TOWED WITHOUT REPAIR? YESt_ NO_ UNK _ OTHER RECOMMENDED DISPOSITION: LANDFill ~ ARTIFICIAL REEF MARINE HABITAT_ RECYCLE MHAl_ OTHER 13. NARRA lrlVE I DlllCENT SEARCH (EXPLAIN) Spoke with Kr. Rwnpbries, he has no -eaus to 't"emOYe. 14. PAINTED ()Vi ON VESseL1_~ DATE I 8-ec;.-c /-AA~P (_.~/-y 4.-/-/ / Ctf:ll ion NUrlllJpf I rJ 1JI \II wr 1\ ITl?q e c1 ~ I _HJ FL MHF'I rc :. " -: ~ F 03'>: : ~<I~,- ~':~:9- 2~12t, ~.~~ ;: 1 ~, : :,f~ INCIDENT REptORT NARRATIVE CONTINUATION ZONE DERELICT VESSEL # 3A- 2373 ~ ~ ~ It..-. ;~~~--- :~.-'~~~~'~.~-~-~ ~ '. .... __.__ _ _';.'. _ _ ~. _=--__ _ ___ o-~~::-~ ~.-- ,.... - ,... , ..~....:~.;.'~: '-..;,;~~~.::;---. --:-.. . :..:-:.- . ~ or- ~. ....... -. .~, ... - '-.--.. . - ._lIl. "'--'" - .~,,-_... -- ~ -. t___ .-':- -- . - -~ -.-..- - -'--:-~:~' =- ~-~- . :'--. ;~~--.. -.-:. :w- :---- .... . --, -'-: '..-... ~.lIj~-~-~' - " . ~ -:-~~..- "-' ~ .~.- ---- ...,~ .' 4C:, -:-:- - ...--.......... ~ -"""""':" . . ..._~ . _'~_ ,.A-.' , .. ----: -,~,,~;,-~.:=- '. . -- - -~ ~ .- -.... -. ~- ....... .... .~..::..:. - ~- ---' --'-~~" , - _..;...J' - - -" -;::. - )/r:. '6 ~-~- ~'Z(P, C; Rr'vi('yy("(j B ( R e \/ I t \~'l f~ r .) ) 1 f~ : I (1 '- " I r t~ Dii{C h r. r ~ {'f errs r.:' HJi<J ?n r ': ! ..... FL Mr4RINE PRTROL . LJU \ . Fax:305-289-2326 W Sep 15 '97 13:37 P.OS -~ ~I r '~\ .~. \ , ~ o ("J ~ \; ~ rJ; '. po: ::' ~ ..--- ... : ;;::.. ...: ~ .. I I .:t I).., ;j '';' ,. · . :.. I 0 C'; q.--/ f~ ~~ / J -~ rj :.. ~.. .11 I M... · V"o ' I . ~, NCO N n'" erN ~ \ ;- ~!f :: \ I o N \ ............. ..:t a:~~ ~ ~} ~ _ ~ -.- :v=a:: :z: ~ ~ a \~. X N C":) ~ I \--..~-:. 0- .. .., " · .......~.. ~ It ~t-\ t. ~ v J:. \ N= o;-<:~ ~, m fJ ~ ~\~ -8:< ~\o o m 1:1) \ A. \ ~ ?~CJ:p \0 J~\ ~ ~ o ~\ ~ ~\V 0' " ~~ ~ ~,,.... c:>' ~ ~\ 0 ~ \ -$.. -s.' yo .., ~\ ~ \0 t': 7' , ~ 0)- . ~ \ , \ , , ,~ ~ , " ~ N nt " " a. ... N -= ... r'"; ~ 4- t ~ . ..... ~ = ~ > t: ~ ....... . ~ . '-'t ~ M \. JlI\ " . ~.N ~~ o ~ ~ lP '-" ...... tJ ~: i 0:. N M N C": ~ ~I~ I ~ ~~'" -.> :!:" M N ~ v,:J '-, ~ \'.I ~ i M N \D " ... .... ..." ..;: I '_ \D '... "" '-.,. r -', N tN " ....... '-> ~ I N~ r~~ N ----~1Y:c ___ ___ ---'" ~ I ~/ \ _-7~ ~ FL MRR I NE PHTPCJL Fax:30S-289-2326 Sep 15 '97 13:37 F'. 06 \',~~ ?f.QH(1iO~.1 ..\,&. I ~}~ . . ..."..... ~~~)... . . ( , . . ~ .;.'; ~lO A:\;~ .\ ~ ~.......-_.... ~~~..:~:- Department of Environmental Protection Lawton Chiles Governor Vjr.gsni~ B. WC!thercU Se(ret~ry Scplc1nbcf 12) 1 997 Mr. Arthw' W. HunlPluics, Jr. P. o. Box 2165 Key West, Florida 33040 DV3A-2373 RE: FL 4091 EM ,1.Lfi White/Bille Fibcr(!I~ss mJkc St;lrcrart . Fl\iP N 97...3A-5853 Dear Mr. ~[wnphrics: You h~ vc been identified as the last knO\\'ll legal Owner of the above cited derelict vessel. Section 376.15, Florida Statutes, makes it "Wllawful for any perSOll, fIrm or corporation to store or leave any vessel ill a dislnanlJcd condition or ~bnl1doncd upon any public waters or ~l nny port in this s~tc withoulthc consent of lhe agency having jurisdiction thereof or docked at any private property." This dcp~rtlncnt h~s been dcsignJlcd by the Lcgisl~turc ~s the ngcncy of Lhc stale ~ulhorjl;cd and empowered LO have derelict vessels rc~novcd frOnl public walers. In ~ccordancc wIth the above LegislatIve 111andatc, lhc Florida Dcpartrl1Cnl of Enviro1l1ncnlaI Protection hereby orders YOll ~s the last known legill owner oflhc above VCSSCllO remove I.he vessel from public waters WltllJln ten (30) days oryoW" r~~cipl of this Jetter or provide proof of legal Lransfcr to the vessel's ownership. Failure by the IegOlI Owner lo remove this vessel can result in a civil or criminal penally, pw-suant \0 Scclions 376.16 and 823.11, FS.. illld/or the removal of the vessel by the slale at the Owner's expense. Your COOpefi:ltioll ill expeditiously C()ncluding this mlllter will be grcally apprccio.tcd by Ulis DepilflrnCl1L. Sincerely.. U~-Qjo...~ LO~1-- Officer Vlcenlc Lopez B51 Via Major fv1. J. Long Florida Marine P Jlrol District Thrc.c A 2796 Overseas Highway Suite 100 Mar~thon~ Florida 33050 305/289-2320 DVOWN{~R. FRt..-t ~iJUdk )'1(/,"" '-ql/,' f'.' flll,{,\1tlIlUJ:(' nUlh~()'\ I-rn':f'Jfl{jI~'(!J d.lr),'J /l~:ltJ! "''''''1.1. t' .. Pnntt;4 gn recycled poper. tL- ..-- FL MRRINE PRTROL Fax:305-289-2326 Sep 15 '97 13:38 P.07 / .- A J._~ r\~ ~r II\~ ,',1:: ' , ~,.' RICIIARD D. ROTII · SIIERIFF OF MONROE COUNTY 5525 COLLEGE ROAD · KEY WEST, FLORIDA 33040 (305) 296-2424 · FAX (305) 292-7070 . 1-800-273.COPS Date: 8-29-97 RE: Florida Numbers: FL4091EK , Length: 21' Type: , ~ake: Star~raft FM:P#97..3A -2373 Dear Kl~. Humphries, You hav~~ been identified as the last known owner of the above cited derelict vesseL Section ~~76.15, Florida Statutes, makes it "unlawful for any person, firm or corporation to store or leave any vessel in a dismantled condition or abandoned upon any public waters or at any port in this state without the consent of the agency having jurisdiction thereof or docked at any private property. " The Florida Department of Environmental Protection is the department that has been designat(~d by the Legislature as tile agency of the state authorized and empowered to have derelict vessels removed from public waters. As tile last known legal owner of the above vessel you must remove the vessel from public waters within (30) days of your receipt of this letter or provide proof of legal transfer ;[0 the vessel's ownership. Failure by the legal owner to remove this vessel can result in a civil or criminal penalty, pursuant to Sections 376.16 and 823.11, P.S., and/or tile removal of the vessel by the state at the owner's expense. Your cooperation in expeditiously concluding this matter will be greatly appreciated. Sincercl:0--;,..,,1 b /7 . ~)-~~" - Deputy John McGee Monroe County Slleriffs Department cc: Major Mike Long FDI~P-Florida Marine Patrol Dist.rict 3-A I", (4'1\U". ~,.d~,,(\ !\1'\rllthorl ~\,diOf\ :"''-.O(J...<.." il,~, ,( ,....... t-,."" (1.....1,1',04:' :!f<)'j ~1\(-,"("1l1' }(....\, 1\1",,,(I,,,u. rJqr;,I.. :is(r,O "......f (" '"" c.c,.f St.l i un ~./. - - (, ( J', ,., '" fl" I ( ... \ 1,. .,. 1 \.. \ I . ft... I ,I. \.. r,\ .~ . \ FL MHRINE PHTRCJL Fax: 305- ~';89-2~)L',) =.e piS '97 13 : 34 P. (11 FLORIDA MARINE PATROL DISTRICT THREE 2796 OVERSEAS HIGHWAY SUITE 100 MARATHON, FLORIDA 33050 (305) 289-2320 FAlC #: (305) 289-2326 FACSIMILE MESSAGE DATE: 9.., 5 - O}l TO : ~~ I M r1\I\ ~ & E E. FROM: 'V'Cr"E N\" E L OP&z- NUMBER OF PAGES SENT: -( (INCLUDING COVER SHEET) COMMEN"J[,S: SPQ~~ --r"~ c>r:-~lC ~o ua.~.b. (~V'::;51J.-JiSt. -n" z.3."7'"~.. \ ~ 11..1 t-4 G ~ 1 L-r-., C. I.~....., l ,.,..... J < r::-I "'" ^-" ,~ .c.- k'.. eo...,.. J -P "- ~ ~ s ;;. ~I= N'.= VE. A. ~ ~t-.l L. . r . ~J'tVt.EC2.r.:, ~'--\ r y 'Ie INCIDENT REPlDRT NARRATIVE CONTINUATION REPORT # ID '-O\~.VJL.L~--cE..~.?E~.... .. .... ............ 1==~on: OK D.bq~IN&~qqqqq. ~ : IDIT~qC7q\J~~dJ\a_l:')El\X.>JRQJ\0J~L ~~ Y-IY.-y 7. 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(0 { e-), - b' <{ f: vie wed By: ~ z ~ o <{ -' t:> / q -( . Date --- Citation Nunlber Number Arrested OBTS Number Original 0 Supplement lJ DE P 20-04 SA (8/94) Page ____ of ___ ZONE .3 INCIDENT REP~ORT NARRATIVE CONTINUATION DERELICT VESSEL # 3A- 24 s 0 INCIDENT # Cfl ~~ - l S I A-.4- I 1. REG #-1::-1 (:;) N ~ LENGTH---1.!LFT. MAKE: l-\ M MODEL I..{o LJ ~ t;: COLOR w~ L"~ HULL MATERIAL: WOOD~ F/G_ METAL_ OTHER (SPECIFY) MOTOR YES_ NO~ TYPE OTHER IDENTIFIERS ~'~6.-rl t-J~~ ~,~U C- lUrLt. 2. VESSEL OWNER: ADDRESS: D.O.B. /N/A. U t-l k::............ ~ V.J t---.\ COUNTY 3. PHYSICj~L LOCATION OF DV: -rI2LlM~~ Po' NT ~.A .s. k::r=Y WGS, - &=\-\\\-.JO U'"-1\T '4.\? I I, LA TITUIDE/LONGITUDE (DEGREES, MINUTES, SECONDS) ...... 2A ~ ~4. 2. I W. ~ I 0 d.. -, t;{ , 4. CONDITION: WRECKED~ JUNKED~ DISMANTLED _ ABANDONED~ AGROUND ~ BURNED_ CAPSIZED_ BROKEN UP _ 5. SUBMEf~CED~ % DEPTH FT. ANCHORED ADRIFT ON SHORE~ IN WETLANDS_ TIED TO OBJECT ~ OTHER_ 6. I 7. 8. 9. 10. 11. 12. PROPE~~TY OWNER: U..C:; ~"y STATE LAND_ PERMIT' FOR ABANDONMENT: YES_ NO~ ISSUED BY N~ ABANDONMENT REASON I ~ ......ilL NAVICA~TION THREATENED? YES~ NO_ HOW IV\/~~ t:L-~~< ~~LJ~D ENVIRONMENT ENDANCERED? YES~ NO_ HOW MA.'r' B.f"Z-~6 \L U ~ TOWED WITHOUT REPAIR? YES_ NO_ UNK ~ OTHER RECOMr~ENDED DISPOSITION: LANDFILL ~ ARTIFICIAL REEF MARINE HABITAT_ RECYCLE METAL OTHER 13. NARRA.TIVE / DILIGENT SEARCH (EXPLAIN) l""'-l-rE.r2...V\E'NEt:::> Pc-~P~ \~~ ,we;: J"j,. tLEA ~ D ~....... ~ IL. t-J.E W u...' ~ c ,,-, '^-.1......... ~ tC).... ~ A ~ ~ ~ \ \"::::> E:: ~ 'l1=' , ~ ~ C t-l :S.. -r f'2.... u c- -r u (2 ~ 14. PAINTED DV# ON VESSEL?~ DATE / / Officer(s) Reporting <please print> o GlES\ Reviewed By: /) " L l-r:- I~ .,' Citation Number 4 PHOTOS OF DV INCLUDED? -.cll= J B 1.. --// \L-( "-^ INCIOENT REPORT r~ARRATIVE CONTINUATION Z 0 r'J E DERELICT VESSEL #P__~~'2~ 5~_ ", \ I Officer(s) Repor t 1r~1 j if I( ,1' I i---! I' 1) --( ~\ /~ i ~ *_ ',,", I. . :)ffi Ce?:~sl~,n;:)turc l ' ." 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EXHIBIT B DERELICT VESSEL REMOVAL CONTRACT SPECIFICATIONS FOR MONROE COUNTY, FLORIDA 1. ThrTENT: It is intended that these specifications shall cover all aspects of the work. TIle 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. 2. BID FORMAT: 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 combined, related, linked, or discounted bids. Not applicable due to emergency reJmoval of one or more derelict vessels for less than $25,000 total. 3. PI~ANS: There are no plans for this project, but copies of the Florida Marine Patrol Derelict Vessel Report with location sketches have 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 wllich a report is included and listed on the Bid Response Form are to be bid upon an.d subsequently removed. Tile County reserves the right to remove any or all vessels from this contract at any tirne prior to actual removal from the water and disposal by the Contractor. Tile 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 relnoval based on these considerations, we shall limit vessel removal based on the considerations and cost effectiveness. 4. V]~SSEL IDENTIFICATION AND LOCATION: Each of the vessels have been gi'ven 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) located, (2) relnoved, (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 understood that the Contractor has, by personal examination and inquiry, if n(~cessary, satisfied himself as to local conditions of each derelict vessel and as to the meaning, requirements and reservations of the specifications; for after contract letting, no deviation will be allowed. In case errors are discovered, they are to be reported by the Contractor to the County. The county assumes no responsibility should there be any discrepancies in what is stated in these documents and what the bidder evaluates. Tlle 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 Rl~port. Other derelict vessels in the area but not under Contract, cannot be molested. It may be possible to replace a derelict vessel of like kind, for the same or less money, when mutual agreement can be reached by the Florida Department of Ellvironmental Protection, Monroe County Administrator of the Derelict Vessel Program, and the Contractor. This will be applicable when a contracted derelict vt~ssel cannot be located. No derelict vessel may be replaced and removed without the tri-party 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. S<:OPE OF WORK: The Contractor shall be responsible for providing all permits, su.pervision, labor, equipment, tools, fees and taxes required to complete this project to the satisfaction of the County. TIle Contractor's procedure and methods of removal may be of his own selection provided they secure results which satisfy the requirements of the Specifications an.d any necessary environmental permits. AllY vessel which is removed and disposed of shall be removed from its present site in such a manner as to do the least possible damage to the natural 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 unto the water or land. All pollutants shall be removed from the derelict vessel prior to relmoval from the water. Tile 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 used 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. Mixture of oil, gas, seawater or arLY combination of the three must be transported from the County by an approved hazardous waste handler. The names of handlers will be supplied by the Monroe County Solid Waste Department. Metal becomes the property of the Contractor. 6. M:A TERIALS AND WORKMANSHIP: The Contractor shall provide the nt~cessary 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 pt~rformed 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 bt~low. Precaution shall be exercised at all times for the protection of persons and property. TIle safety provisions of the Occupational Safety and Health Act of 1970 (Public Law 91-596) and other applicable laws, including building and construction codes sh.all be observed. Machinery, equipment and other hazards 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 any property is destroyed by any cause or means whatsoever, the Contractor shall re:pair and replace or not receive payment for the unaccomplished work. The Contractor shall 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 un.derstood 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. 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 written approval of the County. Thle Contractor is fully responsible to the County for the acts and omissions of his su1bcontractors and of persons either directly or indirectly employed by said 3 slLbcontractor, 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 Contract. It is the responsibility of the Contractor to pay all debt obligations incurred with subcontractors in an e:Kpedient manner. 8. LJEGALRESTRICTIONS. PERMITS AND TRAFFIC PROVISIONS: The Contractor shall comply with all applicable local, State and Federal requirements pt~rtaining to the terms of this Contract. The Contractor will be responsible for ol,taining, at his own expense, any licenses or permits that may be required and sblould inquire about permit requirements with the appropriate agencies. The Contractor shall comply with all the requirements of the Federal Pollution Control Aet. Tlle 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 tilne that shall not interrupt or disturb members of the public. Utilization of off-loading sites located on private property (water to land for transport to the landfill or other disposal site by vehicle) must have written al)proval of the land owner. TIle Florida Marine Patrol should be contacted to initiate eviction proceedings for contracted derelict vessels which are inhabited at the time of removal and when anlother vessel is too close to the contracted derelict vessel to allow safe operations. 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 contracted derelict vessels. 9. II\rSURANCE: The Contractor must obtain insurance required by the County and submit proof of same to 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. Tile Contractor shall furnish the following certificates of insurance for review by the County's Risk Management Division: Ct~rtificate (s) of Insurance which clearly indicates that he has obtained the insurance coverage required in paragraphs a,b,c and d below. Thle Contractor 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. 4 a. V./orker's Compensation Insurance per Fl. Statutes b. F(~deral Jones Act Coverage c. G'eneral 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 $500,000. d. Vi ater Craft Liability Insurance in the Amount of $500,000. e. A~utomobile liability insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less 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 blLsiness under the laws of the state of Florida. The MONROE County Board of County Commissioners must be listed as "Additional Insured" on all policies, ex~cept for the Worker's Compensation policy. 10. Q)MMENCEMENT.. DELAYS AND COMPLETION OF WORK: After relceiving Board of County Commission approval of the Contract, and after relconciliation 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 shall commence work within one week from the date on the "Notice to Proceed" letter. If the Contractor 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. E)(tensions 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 administrative 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. 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 rel>resentative will ascertain the facts and the extent of the delay and notify the Contractor within a reasonable time of her decision in the matter. 5 If the Contractor fails to complete the work within the time limit, and if the County sh.ould nevertheless permit the Contractor to continue and complete the same wiithout 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 against the contractor. 11. ClHANGES 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. AJlI work and every process and operation shall be subject to inspection at all tirnes, and the County and their representatives shall have free access to all aspects of the work. The Contractor shall remove and make good, as may be directed, wiithout charge, any defective work. Oversight or error of judgment of inspections, or previous acceptance, shall not relieve the Contractor from the ot~ligation to make good any defect whenever discovered. TIle 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 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 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 actual effort to remove it. No payment will be forthcoming in event that this occurs. E)~cept when otherwise specified, the expense of all tests requested by the County will be borne by the County. 12. AlJDIT 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 rellated to this project for a period of up to one year and during and after termination of the contract. 13. C()NTRACT AWARD: The County reserves the right to evaluate the submitted bi<is 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 Florida Marine Patrol Derelict Vessel Report is included. One bid will be accepted an,d a Contract issued for the total removal of all listed derelict vessels as one project, up to the limit of available funds. 6 TIle actual number of vessels to be removed will depend on the accepted per foot bid price and the available funds. 14. PllliWORK CONFERENCE: A meeting will be necessary involving a re:presentative 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 will be set by the County representative. At this time the Contractor sh.all provide the County with a schedule as to the order in which he proposes to re:move the vessels awarded to him. 15. C~)NTRACT SECURITY: The Contractor 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 any future contracts with MONROE County. 16. E)(ECUTION OF CONTRACT DOCUMENT: Due to the time frame involved with this project, the Contractor upon notification that he is to be awarded the contract documents for execution, shall return said documents properly executed along with insurance within TEN WORKING DAYS. This will assist in ac.celeration of execution of the contract documents. TIle Contractor, by virtue of signing the Contract, acknowledges that he and all his subcontractors have satisfied themselves as to the nature and location of the work, thl~ 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 perform the work. Failure on the part of the Contractor to completely or properly evaluate any factors of his costs prior to bi(lding shall not form a basis for additional compensation if he is awarded the Contract. If for any reasons, not acceptable to the County, the Contractor does not perform, the County shall have the right to levy liquidated damages against the Contractor. Liquidated damages in the amount of $100 per day shall 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. Lilquidated damages are accumulative. 17. N()TICE TO PROCEED: The Contractor shall commence work upon this project within one week of the date of the Notice to Proceed letter and perform in a co:ntinuous manner until completion and acceptance by the County. For Contracts wllerein a specified number of days for completion is stated in the Contract, the effective date of the "Notice to Proceed with Contract Work" will establish the "bleginning date" of the project. 7 18. TJERMINATION OF CONTRACT: This Contract may be terminated by the County, giving up to ten (10) days written notice to the Contractor; said notice shlall 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 final payment shall be made, the Contractor shall remove from the sites all machinery, equipment, surplus and discarded materials 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 dt~relict 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. TIle Contractor will deliver the derelict vessels to a Florida Department of Ellvironmental 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. Tllere are several 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 Card Sound Road AKA SR905 other laltldfills in neighboring countries or any 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. Vessels being disposed of at County Landfill sites must be free of pollutants and engines. 21. PltOOF OF PROPER DISPOSAL AND NOTIFICATION TO MARINE P j\, TROL: Contractor must submit prior to receiving any payment: A receipt for each vessel including the date of disposal, the Florida Marine Patrol Derelict Vessel Nl1mber, 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 first photograph must be of the vessel at the current loeation prior to removal, the second photograph must be of the vessel after reIn 0 val but in the same general area preferably while in tow, and the third photograph must be of the vessel at the disposal site with sufficient background to de:pict disposal (i.e., building or sign identifying disposal site). The derelict vessel number, when possible, must appear in all photographs. 8 TIle Contractor will be responsible for the camera, film, and development costs. TIle photographs should be taken with a Polaroid camera that provides instant ptLotos since this minimizes loss of documentation due to camera malfunction or loss overboard. This photos must be submitted on a vessel by to document the re:moval and disposal of the contracted vessels final payment can not be assured. TIle Contractor must 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 multiparty communication for each Derelict Vessel is a requirement of the contract. 22. P j\ YMENT: All payments for the removal and disposal of each vessel, shall be for the performance of the work as stipulated in these specifications 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. Pllotographs, disposal receipts, and signed FDEP Disposition Certification form for the vessels for which payment is being requested. TIle Contractor understands and agrees that no payment will be forthcoming for the reJmoval and disposal of any derelict vessel (1) not listed on this contract nor (2) for an.y derelict vessel on this contract for which a written certification verifying the reJmoval of the subject vessel has not been obtained from the Florida Marine Patrol an.d 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, shall be replaced at the expense of the Contractor in a ma.nner acceptable to the County and the Owner, prior to the final payment for contracted work. 23. N~)N-COLLISION AFFIDAVIT: Upon entering into the contract, the Contractor agrees to sign and endorse the Non-Collusion Affidavit form (attached). 24. Ell'HICS CLAUSE: Upon entering into the contract, the Contractor agrees to sign and endorse the Ethics Clause form (attached). 25. D]~UG FREE WORK PLACE FORM: Upon entering the contract, Contractor agrees to sign and endorse the Drug Free Work Place form (attached). 26. Dl~RELICT VESSELS AT ISSUE: The derelict vessels listed on the Derelict V {~ssel Working List for 1997 shall be removed and disposed of by the Contractor in accordance with the provisions of these Specifications. 9 10 <[100 - .~ 1996 Ed ition MONROE COUNTY, FLORIDA INSURANCE CHECKLIST FQR VENDORS SUBl\IITTING PROPOSALS FOR WORK 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 firm. Please review this form with your insurance agent and have him/her sign it in the place provided. It is also required that the bidder sign the form and submit it with each proposal. . WORKERS' COMPENSATION AND E1\1PLOYERS' LIABILITY WC1 WC2 WC3 WCUSLH X Workers' Compensation X Employers Liability Employers Liability Employers Liability US Longshoremen & Harbor Workers Act X Federal Jones Act Statutory Limits $100,000/$500,000/$100,000 $ 5 00,000/$ 5 00,000/$ 5 00,000 $1,000,000/$1,000,000/$1,000,000 Same as Employers' ' Liability Same as Employers' Liability ",TCJA INSCKLST Administration Instruction #4709.2 1996 Edition GENERAL LIABILITY As a minirnum, the required general liability coverages will include: · Premises Operations · Blanket C9ntractual · Expanded Definition of Property Damage Required I."imits: GLI x GL2 GL3 GL4 Required E~ndorsement: GLXCU GLLIQ GLS . Pr9Qucts and Completed Operations Personal Injury . $100,000 per Person; $300,000 per Occurrence $50,000 Property Danlage or $300,000 Combined Single Limit $250,000 per Person; $500,000 per Occurrence $50,000 Property Damage or $500,000 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 Limit Underground, Explosion and Collapse (XCV) Liquor Liability Security Services All endorsements are req~ired to have the sanle limits as the basic policy. Administration Instruction #4709.2 INSCKLST 1996 Edition VEHICLE LIABILITY As a minirnum, coverage should extend to liability for: · Owned; Non-owned; and Hired Vehicles 1 Required I.jrnits: VL1 x VL2 VL3 VL4 BR1 MVC PR01 PR02 PR03 POLl POL2 POL3 ED1 ED2 GK1 GK2 OK3 WLl x x Administration Instruction #4709.2 $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 Limit I\1ISCELLANEOUS COVERAGES Builders' Risk Limits equal to the completed project. Motor Truck Cargo Limits equal to the maximum value of anyone shipment. Professional Liability $ 250,000 per Occurrence/$ 500,000 Agg. $ 500,000 per Occurrence/$l ,000,000 Agg. $1,000,000 per Occurrence/$2,000,000 Agg. $ 500,000 per Occurrence/$l ,000,000 Agg. $1,000,000 per Occurrence/$2,000,000 Agg. $5,000,000 per Occurrence/$l 0,000,000 Agg. $ 10,000 $100,000 Pollution Liability Employee Dishonesty Garage Keepers $ 300,000 ($ 25,000 per Veh) $ 500,000 ($100,000 per Veh) $1,000,000 ($250,000 per Veh) Watercraft Liability $500,000 INSCKLST 1996 Edition INSURANCE AGENT'S STATEMENT I have reviewed the above requirements \vith the bidder named below. The following deductibles apply to th,e corresponding policy. 1 ! POLley DEDUCTIBLES Liability policies are _ Occurrence Claims ~1ade Insurance Agency Signature BIDDERS STATEMENT I understarld the insurance that ""ill be mandatory if awarded the contract and will comply in full with all the requirements. Bidder Signature INSCKLST Administration Instruction #4709.2 1996 Edition \\'ORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT 1 1 BET\VEEN MONROE COUNTY, FLORIDA AND Recogniz.iJug that the \\lork governed by this contract involves Maritime Operations, the Contractor's Workers' <:ompensation Insurance Policy shall include co\'erage for claims subject to the Federal Jones 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 \\'ould ha\'e been provided by a Workers' Compensation policy. WCJA Administration Instruction #4709.2 1996 Edition 'VORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT 1 BETWEEN l\10NROE COUNTY, FLORIDA AND Prior to the commencement of work go\'emed by this contract, the Contractor shall obtain Workers' <:ompensation Insurance \\rith limits sufficient to respond to Florida Statute 440. In additiorl, the Contractor shall obtain Employers' Liability Insurance \\;ith 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 of the 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 110nor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, pro\,iding details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from tIle fund upon request from the County. wet Administration Instruction #4709.2 ] 996 Edition GENERAL LIABILITY INSURANCE REQ UIRE1\IENTS FOR CONTRACT 1 1 BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall 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 Definition of Property Damage The mininlum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split lilllits are provided, tIle mininlum limits acceptable shall be: $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 pro\,isions 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 extend for a minimum of twelve (12) montlls 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. GLI Administration Instruction #4709.2 J 996 Edition POLLUTION LIABILITY INSURANCE REQUIREl\fENTS FOR CONTRACT ! ! BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract involves the storage, treatment, processing, or transporting of hazardous materials (as defined by the Federal Environmental Protection Agency), the Contractor shall purchase and maintain, throughout the life of the contract, Pollution Liability Insurance which will respond to bodily injury, property damage, and en,'ironmental damage caused by a pollution incident. The mininlum limits of liability shall be: $500,000 per Occurrence/$ 1,000,000 Aggregate If coveragl~ is provided on a claims made basis, an extended claims reporting period of four (4) years will be required. POLl Administration Instruction #4709.2 1996 Edition VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT 1 J BETWEEN l\fONROE COUNTY, FLORIDA AND Recognizillg that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: · Owned, Non-O\\rned, and Hired Vehicles The minirrLum limits acceptable shall be: $100,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 50,000 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 Administration Instruction #4709.2 1996 Edition \" A TER CRAFT LIABILITY INSURANCE REQUIREl\1ENTS FOR CONTRACT ! ! BET\VEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of \vork governed by this contract, the Contractor shall obtain Water Craft Liability Insurance with terms no less restrictive than those found in the standard "~AJnerican Institute Hull Clauses" (June 2, 1977 edition). Co\'erage shall be maintained throughout the life of the contract and include, as a minimum: · Injury (including death) to any Person · Damage to Fixed or Movable Objects · Costs Associated with the Removal of Wrecked Vessels · Contractual Liability with Respect to this Contract If the policy obtained states that co\'erage applies for the "Acts or Omissions of a Vessel", it shall be l~ndorsed to provide coverage for the legal liability of the ShipO\\l1er. The minirrlum limits acceptable shall be: $500,000 Combined Single Limit (CSL) Coverage I)ro\,ided by a Protection and Indemnity Club (P&I) shall be subject to the approval of the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the abo\'e requirements. WLl Administration Instruction #4709.2 I, of the city ~on'? ( /f~/ 14E~ f I of according to law on my oath, and under penalty of perjury, depose and say that; 1) lam ATfrVo 1e!,5 7"::w/'~ / Proposal for the project described as follows: ~ F'0d~.f- V;-:S~F/ '--;7?c~V/l/ , the bidder making the 2) The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4) No attempt has.been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5) The statements contained In this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. STATEOF P~7?"~ ~~~ (Signature of Bidder) L/-1-7? COUNTY OF A ~t:' ~ .. DATE PERSONAllY APPEARED BE7 ME, the undersigned authority, ~)o 7?'? ,471'/Y~/' who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this /;~f day of ,L/ PT?,'/ ,19 f7 . . ~.~~~ NOTARY PUBLIC My commission expires: OM8 - IMCP FORM #1 """~"~"" .:-":r;.~" ~~ Glor1a K. McGee "*'~'A". .. 'ftlCOMM ~~.~':f M T ISSIGN' CC529329 EXPfRES ...1,j......~~} Marth 24, 1999 '.nf..p\.\'\ BOHDEO THRu TRaY FAIN INSURANcE, 'IC. SWORN STATEMENT UNDER OROrtlAtlCE ~O. IO-I99Q MONROE COUNTY. FLORIDA ETH][CS CLAUSE ;r" ~ .A 71 hO Ie!? (0 W~ d7 warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance no. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this 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, comm ission, percentage, gift, or consideration paid to the former County officer or employee. v~~ (signature) ~- I - 9' 7 . Date: STATjEOF ~ /0 "A/'of;r 4N7?" r CQUl\fTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, 2:>07?'> 471/'Yo/0/ who, after first being sworn by me, affixed hislher ( signature (name of individual signing) in the space provided above on this /;> rdayof ,1~~*MI'1 ,1921 ~'7~~~ NOTARY PUBLIC My conlmission expires: ",~~~t~.',. ~~'f~""'-'~~ Gtorla K. MCGee ~:" }:g MY COMMISSION I CC529329 EXP/nr.. '~~.ifr....<t~~ Marth 24, 1999 I\CV '" I~' 8OHoro THRu may FAIN Itl<:J In..__ -~. ftC. OMB - MCP FOI{M #4 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: A7?dCJd S - r'o~~ (Name of Business) I. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is p'rohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Infonn employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the: penalties that may be impo~ed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (I). 4. In the statement specified in subsection (I), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the tenns of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Floriaa Statutes) or of any controlled substance law of the United States or any state. for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this finn complies fully with the above requirenlents. ,~~ Bidder's Signature //.-{ ~I/ ---~-_.~.~--_._._------ Date OMfJ - MCPII5 DONATO INS. AGENCY INC:. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P 0 BOX 607518 '1~~~~~17~f\11~I'lgJ~i~)t\1~ j/~J;:~~i'~"~ HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR . . " u ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ORLANDO FL 32750 COMPANIES AFFORDING COVERAGE 407-889-7525 ~,~ - I ,il1~ ~i COMPANY i}. II A UNITED CAPITAL INSURANCE COMPANY ARNOLD1S TOilING SERVICE J B WATER QUALITY INSURANCE SYNDICATE ~OW~~ AVI~NUE FL 33040 ,y COMPANY I :; COM~ANY THIS IS TO CERTIFY THAT lrHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSlJED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSURED CO TYPE OF INSURANCE LTR GENERAL UABIUTY ---- COMMERCIAL GENERAL lJABIUTY =~ CLAIMS MADE D OCCUR OWNER'S & CONTRACTOH'S PROT - f---- AUTOMOBILE UABIUTY - ANY AUTO - ALL OWNED AUTOS i--- SCHEDULED AUTOS - HIRED AUTOS - NON-OWNED AUTOS f---- f---- GARAGE UABIUTY - ANY AUTO - - EXCESS UABIUTY R UMBREUJI. FORM OTHER mAN UMBREUA FORM WORKERS COMPENSAnON ~ND EMPLOYERS' UABIUTY THE PROPRIETOR! F~ INCL PARTNERS~CU~ OFFICERS ARE: EXCL OTHER Cor+tERCIAL HU LL/MACHII~ERY & A PROTECTION & INDEMNITY POUCY NUMBER POUCY EFFECnvE POUCY EXPIRA liON DATE (MM/DDIVY) DATE (MM/DD/YV) UMITS GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ PERSONAL & ADV INJURY $ EACH OCCURRENCE $ $ $ FIRE DAMAGE (Anyone fire) MED EXP (Anyone person) APP.~~ BY ~~ M(I!~fYFMfNT BY '() b I. ^"h )) ~ q-;:jql '." ,~.... ..,. / '6PI' ~ DATE J COMBINED SINGLE UMIT $ BODILY INJURY $ (Per person) BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: ......... EACH ACCIDENT $ AGGREGATE $ EACH OCCURRENCE $ AGGREGATE $ $ I WC STATU- 1 IOTH- TORY UMITS -ER EL EACH ACCIDENT $ EL DISEASE POUCY UMIT $ EL DISEASE EA EMPLOYEE $ COMM. HULL/MACHIN. $5,000 08/19/98 P & I $500,000 CSL I., b7A" (120JlV A " ("~ ~ '- . (( ~/~ tJ11 ~fQ. WOM1258157 08/19/97 DESCRIPTION OF OPERA liONS/tOeA nONSNEHICLES/SPECIAL ITEMS MONROE COUNTY BOARD tlF COUNTY COMMISSIONERS IS INCLUDED AS POLLUTION COVERAGE - COMPANY B ADDITIONAL INSURED AlR REMOVAL OF DERELICT VESSESL 08/21/97 - 08/21/98 ..... .... . LIMIT OF LIABILITY - $500,000 ~1.~!9Atg:ffl?4.g!$.!f!:::::::tII~@@@@@@@@@@@Itt@It:IIIIIItIl@I@:t::::::::I:II"::I::::::::@::@@~N;:~tJ.g8.t::::I:t:::I:::::It:::::I:::@@::t@:'::::I::::I::ImmI::::::II::IIm@::::@::::IIImmI:::::@m::II::'::I::r::I:, MONROE COUlrrY BOARD OF COUNTY Cor41ISSIONERS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 5100 COLLEl~E ROAD EXPIRAnON DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL KEY WEST FL 33040-4399 ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHAll IMPOSE NO OBUGA nON OR LIABILITY .---' U