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06/10/1998 DV03A: 2493, 2494 & 2630 1llannp I. i\olbage BRANCH OFFICE 3117 OVERSEAS I-llGffiNAY MARA mON, FLORID)~ 33050 TEL. (305) 289-6027 FAX (305) 289-1745 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 OVERSEASHIGI-IWA Y PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM TO: Peter Horton Director of Community Services FROM: Attention: Kim McGee, Marine Projects Coordinator Ruth Ann Jantzen, Deputy Clerk ,6?OjJ. June 22, 1998 DATE: ------------..----------------------------------------------------------------------------------------------------------- On June 10, 1998, the Board of County Commissioners adopted Resolution No. 240-1~~98, authorizing an allocation from the Boating Improvement Fund of $2, 700.00, for the emergency removal of DV03A2493,DV03A2494 and DV03A2630 located off of Barcelona Drive, Big Coppitt Key, and off of the Fairgrounds, Key West, AND granted approval and authorized execution of a contract between Monroe County and Arnold's Towing, in the amount of $2,700.00, for removal of the above named derelict vessels. Enclosed please find a certified copy of the above Resolution for your handling, as well as a fully executed duplicate original of the above contract for return to Arnold's Towing. me. If you have any questions concerning the above, pl~e do not hesitate to contact cc: Cou:nty Attorney Finance Counlty Administrator, w/o document File CONTRACT AGREEMENT 'J i-A AG~~EEMENT, MADE THIS I!/ day of t~f ...1998, by and between, Arnold's Towing ("Contractor"), and the BOARD OF COUN1'Y COMMISSIONERS OF MONROE COUNTY, FLORIDA, of the County of Monroe~, State of Florida ("Board"). The IContractor and the Board, for the consideration named agree as follows: 1. llhe Contractor shall furnish all the materials and perform all the work as required by the Specifications for the emergency removal of DY03A2493, DY03A2494, and DY03A2630 for which a Florida Marine Patrol Derelict Vessel Reports are attached as Exhibit A ~ ~ ~ . C:'> ,*",1 Q) 55r-\~ ~ 2. The work to be performed under this contract must be completed by May R~~98.~ ~; ~,r- N 3. The Contractor understands the rules of the Florida Department of Env1fefuQental :.: ~4 c:) -0 ~nf 3 Protection and shall comply with those rules, along with the rules and procedures i~d ~ r- C") N 1> fT1 ~ the Board to ensure an orderly progress to the project. Both the intent and the requlrements or the Specifications, attached as Exhibit B, are understood by the Contractor. 4. l~he Board shall pay the Contractor $ 2.700.00 for the removal and legal disposal of DY03A2493, DY03A2494, and DY03A2630. Payment will be upon completion of work by the Contractor and review and approval by the Marine Projects Coordinator. 5. llhe attached Derelict Yessel Reports, Specifications, and the Monroe County Insurance Requirenaents 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 I~oard 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 .." r- fT1 o ..." o ::0 ;'''.J fT1 n o ~J o 1 other losses, 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 . ~rhe 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. l'he Contractor must inform the County and the Florida Marine Patrol prior to initiation of work. 9. T'he 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 5-31-98 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. 'rhe 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, WC1, VlCJA, 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. 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 2 Ordinance No. 020-1990. For breach or violation of this provision, the owner 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, 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 CA TEGOR Y TWO for a period of 36 months from the date of being placed on the convicted vendor list. IN WITNESS WHEREOF each party hereto have executed this Agreement the day and ye~r firslt written above. (SEAL) Attest: !)ANNY L. KOLHAGE, CLERK BY:~~~~...):.;cm I D~ G- /' / 4 /' Witness: ( (~ ~4 Witness: j BOARD OF COUNTY COMMISSIONERS OF M OE COUNTY, FLORIDA , vL Business Name: Arnold' sTowing B{~~W ~ Title: Owner APPROVED AS TO FORM ANq LEGAL SUFFrCIENCX B y7~i'~'/ ~-~(;':;> -:- . ROBERT N. W&r=~~- 3 DATE S'. <~~'?(~~L" _ r ~~. ' (r'~ EXHIBIT A INCloENT REPOIRT NARRATIVE CONTINUATION ZONE DERELI.(:T VESSEL # 3A- 2493 INCIDENT # 973A16764 1. REG # None LENGTH~FT. MAKE: Unknown ~ODEL . COLOR White HULL MA~TERIAL: WOOD~ F/G_ METAL--,- OTHER (SPECIFY) MOTOR 'YES~, NO TYPE OTHER IDENTIFIERS Full of Debris 2. VESSEL ()WNER: ADDRESS:: Unknown I I O.O.B. COUNTY 3. PHYSICAL LOCATION OF OV: Wetlands of canal behind Barcelona Dr. Big Coppitt. LATITUDE/LONGITUDE (DEGREES, MINUTES, SECONDS) 24-55-054/080-38-836 4. CONDITI<JN: WRECKED~ JUNKED~ DISMANTLED ~ A8ANDONED~ AGROUND X BURNED CAPSIZED BROKEN UP 5. SUBMER(~ED __ % DEPTH FT. ANCHORED ADRIFT ON SHORE_ IN WETLANDS~ ~IED TO OBJECT_ OTHER 6~ \,U ~ ~ 7. ~ B. 9. 10. PROPER~rY OWNER: State of Florida STATE LAND_ PERMIT FOR ABANDONMENT: YES_ NO--X ISSUED BY ABANDCtNMENT REASON Unknown NAVIGAlrlON THREATENED? YES_ NO-X- HOW ENVIROl\IMENT ENDANGERED? YES X NO_ HOW Restin~ in wetlands. ~ - 11. x UNK OTHER TOWED 'W1THOUT REPAIR? YES NO 12. RECOMNlENDED DISPOSITION: LANDFILL ~ ARTIFICIAL REEF MARINE HABITAT_ RECYCLE METAL OTHER 13. NARRA-'rlVE I OlllCENT SEARCH (EXPLAIN) Vessel has been in reported location for a long time. It has been used for a dtlmpster.. F1111 of tfphr;~ Nn ;rlpnf-;fiQrs. 14. PAINTED DVH ON VESSEL? No DATE I I II PHOTOS OF DV INCLUDED? Yes OfflcerCs) Report(n~1 (please prlnU De ut John "r. McGee-MeSO 11-7878 Rovlewed Oy R. S. Dlon, L.E. Lt. Citatl()l \ rJ\ JIll' iI" IJ \ J I 1 " ) I 'r {J. rr (HJ e d Date Initial \ \ ,': r, n 11 r~ !\ -- / n ',!! I' --- -- n ------ r;1 (-l(~--1 --r) r INCIDENT REP()RT NARRATIVE CONTINUAl'ION ZONE DERELICT VESSEL # 3A- 2493 . ~ i Officercs) RCP(il t Ir1q (pICl;lSr- prinU Deputy John W. McGee-MeSO 17878 Officerj. signatyr L. --, 7 i i 1//.' (t .......".._ ,.1 ./ / 1'0~ ,/7.;7'v/ ,/ 0 Reviewp(j !) ,I fieviewed Oy R. S. Olon, L.E. Lt. ;.; I . '- I I j .' ," ~ . . : .1\ \ J[ f ; I,' h r r . 01J7f5 7et n 7fJ l; ) . f; 11 Ja 1 Date ) ~ L,' ~ -" I ~~ : r'~',:"'\!:- J " ;:;J {f~ ;~:~.;~} .J" S3 /p: ,., , .: l~; f :: i; fJ (r',1 I) ,...> ..~.f i .:) '2 3 <I ~3 ~) ~~k Key 4 , . . .: 1 ('j 2 '. .... ,. 6 5 ,~ 4 5 6 ",J 3 4 3 ~ 3 i~\;::::~:~;~:~'::<~::~::"'" .~ 3 rlcf 3 3 2 3 2 , I 3 .c. 2 Key. Grs 4 2 3 '2 3 4 (JR. 2 ..... rper Key 3 t J 3 4 4 3 \ 4 : \~ \ ", 2 ~ ~..:.~ ...uck Key ....\...:~. J 3 rAy 3 :3 '2 3 Itrd S o '2 3 B' '2 ,~ H.~r K ey 3 hannel Key 4 riel' 2 3 3 3 3 ; I 3 ,----------- --2----' 2 Lonll PI - "- _________ rAy k ) _________ 't.' Ii i ' "oJ' I I I',,:A)' cy, .' ""'~:.:," 3 '2 i..f: 2~ Y AERO. Rot. W &. GO ~U TOW[L Bc.ca Che lea K TRlcrEO /) e~, 010 Is. AREA · . nol. A) · . . _' NOTE E The doybe ~ pnvately aeons ore ~ '. malnl ' '.~" q ~'_ .f~OS;lions ore a;~~e~im~~d Q;/J lc.,rl.~ ~ - 't' r .' " ------------. ' .. -,. . ~ r' ~=,==~,!}'\;>~D:') l ()~..-r~7~~ - 1/" · I 1 'f, /(';',~~~ ,..) ,".\=,. I \. 7 -~--.. 1: ") ...,/ \oJ ~ ~) 8 @ 6 6 5 6 4 3 4 5 I 4 5 ------ S rlcf 4 4G 4 5 4 5 @ S 4 (}l)Round K r ~ <. e)' \:'" 3 5 P 3 0 1*' ~(, I ~ ~ :". c.; 3~, 5 6 rlcf (SH no~ 8) 5 L 6 s CI 2 rlcf 2 2 2 .- o (~t, ~ t 4 '.) ~... '! W (" 4'")1 ~J 11' , 6) (; I f.( ~ 10 8 I ' c 11 e f./j j, / I () I 7 I 7 ( I 2 . 1(..~i ~ c \',\ C ~ (' I '" /~j '- / ~,~ / 9 , '-.J.. g r J< J '.) [If. \3/ ) fj 8' (., ) '<' (:J) 1t ~ r..A~ Iud I(i I" Ie I,' . ~ . INCIDENT REPORT NARRATIVE CONTINUATION ZONE DERELI.C:T VESSEL # 3A- 2494 INCIDENT # 9.73A16763 1. REG # None LENGTH~FT. MAKE: Unknown' MODEL CO LORAQua HULL MATERIAL: WOOD_ F/G-L METAL-L- OTHER (SPECIFY) MOTOR '(ES_ NO~ TYPE OTHER IDENTIFIERS 2. VESSEL OWNER: ADDRESS: Unknown. D.O.B. I I COUNTY 3. PHYSlCAIL LOCATION OF DV: Shoreline of eanal hphintf R::arrplnn::a ftrf J Rig rnrritt LA TITUDIE:/LONGITUDE (DEGREES, MINUTES, SECONDS) 24-55-054/080-38-836 4. CONDITIC)N: WRECKED X JUNKED DISMANTLED ABANDONED X AGROUND X -- -- -- -- BURNED CAPSIZED BROKEN UP 5. SUBMERC;ED__% DEPTH FT. ANCHORED ADRIFT ON SHORE~ IN WETLANDS~ ~IED TO OBJECT_ OTHER 6~ l.U ~ --r 7. o~ 0.: ~ B. 9. 10. 11. PROPER1"Y OWNER: State of Florida STATE LAND_ PERMIT FOR ABANDONMENT: YES_ NO~ ISSUED BY ABANDONMENT REASON Unknowns NAVIGATION THREATENED? YES_ NO~ HOW ENVIRON:MENT ENDANGERED? YES X NO HOW Dama~eing wetlands and mangrovp~_ ~ -- TOWED \f\lITHOUT REPAIR? YES X NO_ UNK OTHER 12. RECOMMENDED DISPOSITION: LANDFILL ~ ARTIFICIAL REEF MARINE HA8ITAT_ RECYCLE METAL OTHER 13. NARRA l"IVE I DILIGENT SEARCH (EXPLAIN) Vessel is an' emp"'Y hn:t'" hull in poor condition. No visible identifiers. No Florida numbers.. No nnp in vicinity knows any~hine :thnu'" it- 14. PAINTEDDV # ON VESSEL? -1ID DATE Offlcer<s) Reporting (please pr(nU De ut John W. McGee MeSO / I 4 PHOTOS OF DV INCLUDED? Yes J~ ?6 __ Reviewed By R. S. Dlan, L.E. Lt. D;jtc Cilalior\ r~(JII\1 ill rr, ~Jn nl~~ ~"i' ~)('I AI r ('''[ l:lbale r,.i' I ) r INC'D~NT REPOIK.T NARRATiVE CONTINUATION ZONE DERELICT VESSEL # 3A- 2494 ~ ~ ~ o f fi c e r( s) P C f) () r t II I q (D I c ;V) f? p r i r1 t ) Deputy John McGee MeSO ...-' .~( I /t~/ Yo c. -.j OfHrJn ~ICW.}ll.Y. _~i~:L/ /L~_~~ D;3 l (' P (' \J \( <IN ( . ( 1 Reviewed Oy R. S. Dien. L E Lf. I.} ( . \J ! ( '.' I ..rJ ) O'Oli ~~ T\ U1/" j . fnltiQI --['.7-:-~- 4 6 6 \J ~ 6 S \: 6 rky 6 4 l.. /J 3/ 8 S @ r*.r 2 1 4 6 6 5 5 6 4 5 S 3 r'./' 1.., 3 3 ~ 3 (.:::i~~?':;::::~::..::::.... ,! 4 p 3 r ley 3 3 s 5 ---------- - S r~ 4 4G 4 s 4 5 @ S 3 0 I *"' ~~ I I ~ I.. ~:::..,.,~ 3 ";" ----- 3 3 4 2 6 rley (SH note 8) S , 2 I Key. 2 4 Grs 3 4 () 2 ..... Harper Key 3 I 2 3 2 s 4 3 4 QRound K n (. ey......... 4 6 4 3 ] \ 4 : \~. \ ....... 2 ,.~.~~ Key i s ~/~:' t49~ 3 Wks~ PA \~ Jim rent Pt3 (. 3 3 rAy 3 3 :2 - 3 Itrd S 3 hannel Key 4 3 B' :2 1.8 Harn4' K a..._r ~y r.}' o 2 r~y 2 3 3 ......1 2 2 (~ 1'1 ,'/3 2 ,':/ 1// ;> /11 ,OJ 'I C tJQ/I/ fa ~;I// .'11 . PA CG ~ 3 .- 3 I 3 ,-- ~------------- . 2----... 2 Lana Pt - .. '-I rlef ... )/~ o{,. ! . I' (/ I I r~ <0 '-'-j"'l_ ., \ ~ I ....) i 2 """ ------- ... .......... AAnonim;"K 4 (/ 2 ey......... 3 2 2 7 .'2 rk 3 ~;;~RICTED AREA . 10 (see note A) 2 I Q vs 2 SifT , [ l.. 5 ...... ( 6 '''',~ 5 r;. ( l Hr. 3 .~. -; -; ~'. ) 6) \:}/ , 'Pj. ~{., ( 10 { . i '-' (~ (S ) . [1 e u I" , I" {;' ( I () 'j /;G /, I < 17 I 7 t I FL M8RINE P8TROL Fax: ~Su~- ./.>3'j--1 ~.I~t) ~pr ~ I 'j(.' 11 : .) _:i t-'. U 1 INCIDENT REPOR-r NARRATIVE CONTINUATION REPORT' "6-~A -... 4833 .. ........:J.o..... .~.j.M....~^,~.Gt$.1E....~.... ........~.v. ... 3..~.~.. ..,2G>....3~,.. . ...~.~<;E'.. ...:~.e.~.v..e. .~\I. 3A.~.. Z. c..-, ~~. ..-,. ..~,.. ,.~a...s:L.. .c:..,-,......... .......... ....... ............ ., y:ess.1E..\..... .~ .,~ Jr..l.t. (J~ .\. S. .....~ ",,^, e.~ L~......... 5 .--.). m.~E'.t2..C:r.\ C!.o........ ..~ ~~..... ...... ......... n','.... . .2..00 ..~" .~~... ..~f2,O IV\.. .1\..a.~ . .~~~... ...~.-.;.~ ~.... ..~A.."Q.G...f':;z.O.cJ.-t.....1~.. ..........\...iA'-I:C............. ... ......... ......CC>~cz..oc-~o~....~~.~~ . ..4 .P~..~~G.~P.H.s.. .r;,o~.. .~~. ..~~~~.~~~~. .....'~.... . . ~o,-,.~.~..~.. ~ > ~ c a: ex: c( z Officer(s) Reporting (pl~tase ptintt O..te I.4J > i= ~ ... ~ z ~ o c( 4JS5\ Revie wed 6y~ D.~. Citati()n Number Numbsr Arrestod 08TS Number Original [J Supplenw:nt 0 OEP 20-045& (8'S4J pago _ of ..,.._._ .lNCIDENT REPORT NARRATIVE CONTINUATION I ZONE: -:a. DERELICT VESSEL 3A- 2tO~O INCIDENT NO. 98-3A- 4e~-:3> 1. REG.IITIN: L)t--l~ LENGTH: ~FT. MAKE: LJ~ ~ }IULL MATERlrAL: WOOD_ F/G....- METAL_ RUBBER_ OTI-IER(sPECIFY) MOTOR: YES._ NO~ TYPE: _ VESSEL NAMEffiOME PORT: ~A OTHER IDENTIFIERS: . u ~ I~ 2. VESSEL O\VNF:R1CUSTODIAN: AD D RES S: \...J '"-' \L TYPE: u t-J l~ COLOR: W U \-n; U~ l<- D.O.B. / / CITY/STATE/ZIP: lJ t-.J lL. 3. PIIYSICALLO(:'ATIONOFDV: ~E.y \NEST t==AteGt':Z.OLJt-J~S - c!:)..J SU.ca...ELI~ LA TITUDEIL01'fGITUDE (DEGREES, MINUTES, SECONDS) 4. CONDITJON: 'WRECKED~ JUNKED-i:::- DISMANTLED--!::::::. AI3ANDONED~ AGROUND_ IBROT<EN UP _ BURNED_ Ci\PSIZED_ LTSTING_ SCUTTLED 5. SUBMERGED:.~ % DEPTH ~ FT. ANCI-IORED DOCKED ADRIFT TN WETLANDS_ TIED TO OBJECT (SPECIFY) MARKED WITI-I BUOY \V ASI-IED ASI-IORE _ BELOW M.H.W.L. ~ ABOVE M.I-I.W.L. OTHER 6. PRIVATE PROPERTY: OWNER/ADDRESS: . STATE SUBMEI~~GED LAND:~ FEDERAL PROPERTY:_ OTI-IER: (SPECIFY) 7. TfiREATTONAVIGATION: YES ..- NO_ HOW <:.A~ ~ ("""L-.U5~ b&= ("_~\.-, ,s'.t':>o....\ (S'-'\8.~~) 8. DANGEI~ TO Er~VIRONl\tIENT: YES_ NO_ HOW v~ lL~ 9. TO\VED WITlI()UT REPAIR: 'YES_ NO ....--. UNKNOWN_ OTHER 10. REC01\1MENDE:n DISPOSITION: LEAVE AS IS_ TAKE TO LANDFILL L-- RECYCLE METAL f-IAVE TIlE OWNER/CUSTODIAN REMOVE IT_ TURN OVER TO ANOTI-IER AGENCY l'vfARINE I-IABITAT/ARTIFICIAL REEF_OTHER 11. NARIlA TIVE / DITLIGENT SEARCH: (EXPLAIN) ~o ~u"-.A.~~c; ~ ~ -rr-t c.-l~, l Cp::"'L1\\~\E'P ~ 0.....) -(L..J..(~ 'D~_l.-C.--r "b.SS~ 12. DO NOT MARI( \rESSEIJS: ~ NOTICE DECAL PLACED ONDV:~ 4 PHOTOS OF DV INCLUDED: ~S DV Officer's Signature Datc Report Completed ~~b \ Date A-f7--r I ~ <& Otliccr(s) Reporting (plcnsc print) ~E' '-~P€""'Z- #e..6"\ Rcvic\vcd. By: INCIDENT REPOHT NAnRA TIVE CONTINUATION ZONE: .3 DEllliLICT VESSEL #3A- 2(D~ C) ~I ~~ '% I ~.,., I. 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U \It t hI -c. \, :r. )( ~ ~ ~ Vl U r( :J" l'l"')o- T. ,- lol "' t,' T. r: tA' ~.m >- \.') ~ U 0 LI ',.J V\ lI) n:: :-J V1 ~ -' 0' :r: .x 0 > .... lJ 1.1 ~~~i~~~~g~:a~~gg3~~r3~~~ ',. ., . t. ..... ............. --.... . . It. ~ t- . "'t- I' Pl - 1 .~ fl ~ ~ ~. r- . ~ O..a.(.~.7/~t8 MO,N .10:~J FA! JQ5 i4J ....: :t'.:./ < ::'..~ ~>'::. .~.:~....~.. '<:':;' . . . .....;': - J-"'- .~ ~02 . ~ . , . ~, . ..~~ -'~~ ~'. . . '".... .. i . .!. . .... -. .:'~"',. : .,' . ........... '. .. . , . e.' : /. : . " ,;. . . . _ r'.- ........ . . \ ...f . !'. , . #' . ~,,""h-'- ~:'.r"""'~-:o--""""--::~-:-'r;-:-~~~,.. - .'~~., :~... '; :~' ,.,'.. .', .. .,~.. . .. ,-, ~. . . ,',-,.' ..._ : ~:'.',,:.' ~'. '- I ".- .' '~. ~. :.- ..:.'..' '......~~...... ;i .. ' ~;-::: ". ': '. ',. .- ; , ~ ." '0"~ ~ ~ .~. _'~.~:." '.. .'- \--J ~~ ' ;< ;", :".~.:>< ! ': ~f'!' ..t .l ~.'~ :~;..:,.'.' ~~~\~.,J(.,. ,.:'./. , -' '. \ ()~ . \ . '.' - y.. . . ~ ~ ... '" ... ~ '. 0' ~}\. .-: .' 'l .k~ . \,j. . ~~I r.z-GlZOUt-JD5 ...J . . \ ~..:-.~ J. .._ I\.':~ '." ."i '. .: . . .'" , ~ . .~ J. - ~, , , " ';. k. ;. '" ~ ~ ~. .~ .~ ~ .~ ~., ~ . .:. "-'. .. . , t ~. .... . "~'-""'" .'~ -:"~'-' ~.- 7' ,'- ,~: - .~.2~~ 'STOP, , " BAR" ....... . ,:'J~:rR';~~P~'~' ....~ '-,' - ~ .-"'-'~ .- . L l,.. ". ::. . ' U.8. HwY NO. 1 (STAlE:lkYAtt$M '. '...j . . 8 . ':B . ~ . '. '.' : ~",' ~ ' . ~. . ~.._~___ __ __~_ _-,......_ _ ~~i---- _ - - ..~.. ,....,..-.-__---...~.......,.--:'"'~,..or_~~. ---:o---.;.;..-~ , .- ~ - . , . ;' N.4r#J101 T. ' ~" ,,''-p,c, ~. . '-. ~ ~ : - .... .' .s.isJ:,':...~~~tJ!) .,..' EXHIBIT B l[)ERELICT VESSEL REMOVAL CONTRACT SPECIFICATIONS FOR MONROE COUNTY, FLORIDA 1. INTENT: It is intended that these specifications shall cover all aspects of the work. Th.e 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 fOImat 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 rernoval of one or more derelict vessels for less than $25,000 total. 3. PL,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 anei subsequently removed. The County reserves the right to remove any or all vessels from this contract at any tirrle 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. If bids exceed the County's resources for renloval based on these considerations, we shall limit vessel removal based on the COIlsiderations and cost effectiveness. 4. VE:SSEL IDENTIFICATION AND LOCATION: Each of the vessels have been giv'en a derelict vessel identification number, which is shown with the location in tIle 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 conditi01l. If a derelict vessel cannot be (1) located, (2) renloved, (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 ne:cessary, satisfied himself as to local conditions of each derelict vessel and as to thl~ 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 Report. Other derelict vessels in the area but not under Contract, cannot be molested. It :may be possible to replace a derelict vessel of like kine( for the same or less money, when mutual agreement can be reached by the Florida Department of Erlvironmental Protection, Monroe County Administrator of the Derelict Vessel Program, and the Contractor. This will be applicable when a contracted derelict vessel calIDot 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 relJlacement vessel but he may not remove it without the appropriate consent above. 5. SC~OPE OF WORK: The Contractor shall be responsible for providing all permits, sUJpervision, labor, equipment, tools, fees and taxes required to complete this project to the satisfaction of the County. Tb.e 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(! any necessary environmental permits. ArlY 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 cO]ldition. 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 rernoval 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 used to do the least possible darnage. 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 any 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 necessary materials and equipment to safely complete the job. The Contractor agrees that all work shall be performed by competent employees who are ex:perienced and qualified to do the work specified, and that all work will be performed in accordance with the best commercial practices. A list of equipment to be used and a description of the removal and transporting procedures to be followed must be provided to the County at the pre-work conference described below. Precaution shall be exercised at all times for the protection of persons and property. Tb.e safety provisions of the Occupational Safety and Health Act of 1970 (Public Law 91-596) and other applicable laws, including building and construction codes shall 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 reI)air 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(ierstood 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 a~y Moines due or to become due thereunder, may be assigned by the Contractor without the prior written approval of the County. T11e Contractor is fully responsible to the County for the acts and omissions of l1is subcontractors and of persons either directly or indirectly employed by said 3 subcontractor, as he is for the acts and omissions of persons directly employed by hilTI. Nothing contained in the relation between any subcontractors shall abide by the terms, conditions, and requirements of this Contract. 1t is the responsibility of the Contractor to pay all debt obligations incurred with subcontractors in an expedient manner. 8. LI~GAL RESTRICTIONS~ PERMITS AND TRAFFIC PROVISIONS: The Contractor shall comply with all applicable local, State and Federal requirements pertaining to the terms of this Contract. The Contractor will be responsible for obtaining, at his own expense, any licenses or permits that may be required and should inquire about permit requirements with the appropriate agencies. The Contractor shall comply with all the requirements of the Federal Pollution Control Act. Tl1.e 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 tinle 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 apJproval of the land owner. The Florida Marine Patrol should be contacted to initiate eviction proceedings for cOlltracted derelict vessels which are inhabited at the time of removal and when another 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. INSURANCE: 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. The Contractor shall furnish the following certificates of insurance for review by the County's Risk Management Division: Certificate (s) of Insurance which clearly indicates that he has obtained the insurance coverage required in paragraphs a,b,c and d below. The 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. Worker's Compensation Insurance per FI. Statutes b. Federal Jones Act Coverage c. General Liability Insurance on a comprehensive basis, in an amount not less than $500,00.00 per occurrence for Bodily Injury and Property Damage combined, to inelude contractual liability. c. Pollution Liability Insurance in the Amount of$500,000. d. Water Craft Liability Insurance in the Amount of $500,000. e. Alltomobile 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 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. C()MMENCEMENT, 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" of1icially authorizing the Contractor to commence. The eontractor shall COlmmence 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. 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 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'ofthe 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. 5 If the Contractor fails to complete the work within the time limit, and if the County should nevertheless permit the Contractor to continue and 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 against the contractor. 11. CIIANGES 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 bil:lding upon the Contractor and upon all his subcontractors, employees and agents of every kind. All work and every process and operation shall be subject to inspection at all tinnes, 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, without charge, any defective work. Oversight or error of judgment of inspections, or previous acceptance, shall not relieve the Contractor from the obligation to make good any defect whenever discovered. Trle 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. Ex~cept when otherwise specified, the expense of all tests requested by the County will be borne by the County. 12. AlfDIT 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 related to this project for a period of up to one year and during and after termination of the contract. 13. CC)NTRACT A WARD: The County reserves the right to evaluate the submitted bids and award a contract to the bidder submitting the lowest per foot bid for the derelict vessels listed in the bid package as one project and for which a Florida Marine Patrol Derelict Vessel Report is included. One bid will be accepted and 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. PlillWORK CONFERENCE: A meeting will be necessary involving a re:presentative of the County, the Contractor and other parties with direct in'volvement 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 shall 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. EJ(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 acceleration of execution of the contract documents. Tlle 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, 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 equipnlent 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 bidding 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. Liquidated damages are accumulative. 17. NOTICE 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 continuous manner until completion and acceptance by the County. For Contracts wherein 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 "beginlling date" of the project. 7 18. T]~RMINATION OF CONTRACT: This Contract may be terminated 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 0 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 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. TrLe Contractor will deliver the derelict vessels to a Florida Department of ErLvironmental 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 larldfills 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. PR~OOF OF PROPER DISPOSAL AND NOTIFICATION TO MARINE PAlTROL: Contractor must submit prior to receiving any payment: A receipt for each vessel including the date of disposal, the Florida Marine Patrol Derelict Vessel NlLmber, 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 location prior to removal, the second photograph must be of the vessel after rernoval 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 depict disposal (i.e., building or sign identifying disposal site). The derelict vessel number, when possible, must appear in all photographs. 8 Tlle Contractor will be responsible for the camera, film, and development costs. Tlle photographs should be taken with a Polaroid camera that provides instant ph.otos 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 relnoval and disposal of the contracted vessels final payment can not be assured. Tlle Contractor must notify the Florida Marine Patrol and the County Rt~presentative 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)~ 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. Ph.otographs, disposal receipts, and signed FDEP Disposition Certification form for the vessels for which payment is being requested. TIlle Contractor understands and agrees that no payment will be forthcoming for the relnoval 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 relnoval of the subject vessel has not been obtained from the Florida Marine Patrol and a Representative of the disposal site at the time of delivery. In addition, property, public or private, if damaged during the work or removed for the convenience of the work, shall be replaced at the expense of the Contractor in a manner acceptable to the County and the Owner, prior to the final payment for COJt1tracted 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. El"HICS CLAUSE: Upon entering into the contract, the Contractor agrees to sign and endorse the Ethics Clause form (attached). 25. DF~UG FREE WORK PLACE FORM: Upon entering the contract, Contractor agrees to sign and endorse the Drug Free Work Place [orill (attached). 26. DE~RELICT VESSELS AT ISSUE: The derelict vessels listed on the Derelict Vessel Working List for 1997 shall be removed and disposed of by the Contractor in accordance with the provisions of these Specifications. 9 10 EXHIBIT C 1996 Edition .' " l\10NROE COUNTY, FLORIDA INSURANCE ClIECKLIST FQR VENDORS SUBMItTING PROPOSALS FOR \VORK To assist in the development of your proposal, the insurance coverages marked with an "X" will be required in the event an award is made to your firm. Please review this form 'with your insurance agent and have himlher sign it in the place provided. It is also required that the bidder sign the form and submit it with each proposal. . \\'ORKERS' COMPENSATION AND Ef\1PLO')TERS'LIABILITY weI V/C2 V/C3 \\lCUSLH X \\'orkers' Compensation X Employers Liability En1ployers Liabilit), Employers Liability US Longshoremen & Harbor Workers Act X Federal Jones Act Statutory Limits $ 100,000/$500,000/$ 100,000 $ 5 00,000/$ 500,000/$ 500,000 $ 1,000,000/$ 1,000,000/$ I ,000,000 Same as Employers' Liabilit), Same as Employers' Liability V/CJA INSCKLST 1 Ad r11 i n istrat ion Instruction #4709.2 1996 Edition GENERAL LIABILITY As a minimum, the required general liability coverages will include: · Premises Operations · Blanket Cpntractual · Expanded Definition of Property Damage Required L.imits: GLI x GL2 GL3 GL4 Required Endorsement: GLXCU GLLI Q GLS Prqoucts and Completed Operations Personal Injury . . $100,000 per Person; $300,000 per Occurrence $50,000 Property Dan1age 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 Con1bined Single Limit $5,000,000 Combined Single Limit Underground, Explosion and Collapse (XCU) Liquor Liability Security Sef\,ices All endorsements are required to have the same limits as the basic policy. Adrninistration Instruction #4709.2 INSCI(I-,ST 2 1996 Edition VEHICLE LIABILITY As a minimum, coverage should extend to liability for: · Owned; Non-owned; and Hired VehjGles Required [,imits: VL1 VL2 VL3 VL4 BR1 Iv1V C PR01 PR02 PR03 POLl POL2 POL3 EDl ED2 GKl GK2 GK3 WLI x x x Administration Instruction #4709.2 $50,000 per Person: $100,000 per Occurrence $25,000 Property Damage or $100,000 Combined Single Limit $1 00,000 per Person; $300,000 per Occurrence $50,000 Property Damage or $300,000 Combined Single Limit $500,000 per Person; $ I ,000,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit $5,000,000 Combined Single Limit jvfISCELLANEOUS 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,OOO,OOO 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 \' eh) $1,000,000 ($250,000 per Veh) Watercraft Liability $50(j ,000 INSCKLST 3 1996 Edition INSURANCE AGENT'S ST A TEMENI I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Liability policies are _ Occurrence Claims 11ade Insurance Agency Signature BIDDERS STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full v./ith all the requirements. Bidder Signature INSCKLST 4 Adrl1inistration Instruction #47092 1996 Edition VElIICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT I ' BET\VEEN 1\10NROE COUNTY, FLORIDA AND , ~ Recognizing that the work governed by this contract requires the use of vehicles, the Contractor prior to the c.onunencement of work, shall obtain Vehicle Liability Insurance. Coverage shall b~ maintained throughout the life of the contract and include, as a minimum, liability coverage for: · ()wned, Non-O\vned, and Hired Vehicles The minimu.m 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. \TLl Adrninistration Instruction #4709.2 1996 Edition \VORKERS' COMPENSATION INSURANCE REQUIRE1\1ENTS FOR CONTRACT , BET\VEEN 1\10NROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance 'with limits sufficient to respond to Florida Statute 440. In addition, the Contractor shall obtain Employers' Liability Insurance v.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 honor 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:, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate ofInsurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. \\'Cl Ado1 i n i stralion Instruct ion #4709.2 1996 Edition \\'ORKERS' C01\1PENSA TION INSURANCE REQUIREMENTS FOR CONTRACT 1 1 BET\VEEN MONROE COUNTY, FLORIDA AND Recognizing that the \\lork governed by this contract involves Maritime Operations, the Contractor's Workers' Compensation Insurance Policy shall include coverage 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 would have been provided by a \\'orkers' Compensation policy. \\' CJ A Adrninistration Instruction #4709.2 1996 Edition GENERAL LIABILITY INSURANCE REQUIRE~fENTS FOR CONTRACT , BET\\'EEN l\10NROE 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 nlinimum: · ])remises Operations · ])roducts and Completed Operations · 13lanket Contractual Liability · })ersonal Injury Liability · I~xpanded Definition of Property Damage 111e minin1um limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split lin1its are provided, the minin1un1 lin1its acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Forn1 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 extend for a minimum of twelve (I 2) 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 A d en 1 n i s t rat i ( ) n Instruction #4709.2 1996 Edition POLLUTION LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the \\lork go\'emed by this contract in\'ol\'es the storage, treatment, processing, or transporting of hazardous materials (as defined by the Federal En\,ironmental Protection Agency), the Contractor shall purchase and maintain, throughout the life of the contract, Pollution LialJility Insurance which \\,ill respond to bodily injury, property damage, and en\Tironmental damage caused by a pollution incidentQ The minimulll limits of liability shall be: $500,000 per Occurrence/$ 1,000,000 Aggregate If CO\7erage is provided on a claims made basis, an extended claims reporting period of four (4) years \\rill be required. POLl A d01 i n istrat ion I n :~t fuet I () n #4709.2 71 1996 Edition 'VATER CRAFT LIABILITY INSURAN CE REQ UlRE1\fENTS FOR CONTRACT 1 1 BET\VEEN l\10NROE COUNTY, FLORIDA AND Prior to the commencement of \\'ork governed by this contract, the Contractor shall obtain Water Craft Liability Insurance with terms no less restrictive than those found in the standard ",American Institute Hull Clauses" (June 2, 1977 edition). Coverage shall be maintained throughout the life of the contract and include, as a minimum: · Injury (including death) to any Person · :Darnage to Fixed or Movable Objects · ICosts Associated with the Removal of\Vrecked Vessels · lContractual Liability \vith Respect to this Contract If the policy obtained states that coverage applies for the "Acts or Omissions ofa Vessel", it shall be endorsed to provide coverage for the legal liability of the shipowner. The minimum limits acceptable shall be: $500,000 Combined Single Limit (CSL) Coverage provided by a Protection and Indemnity Club (P&I) shall be subject to the approval of the Count)'. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. \\'1.1 I Administration Instruction #4709.2 ... ........... ..... ......A c ORD...?CEB"1"lijl:il;m6!::..I:i..!::iI~all.1iJl..Ui's~i.leEH.:ii:: .'DA~~;1;iYv>'.. DONATO INS. AGENCY INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE t"O\,~rr:'\~\(\OJ'tI~\~. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. BOX 607518 , ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ORLANDO FL 32750 \~Vf' I -Z1 Jlil COMPANIES AFFORDING COVERAGE 407-889-7525 ~~-- I./?f ~~L. .. COMPANY tv} · A UNITED CAPITAL INSURANCE COMPANY J B WATER QUALITY INSURANCE SYNDICATE ~ COMPANY r) COM~ANY I v/ D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOlWlTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSURED ARNOLD'S TOWING SERVICE 5540 3RD AVENUE KEY WEST FL 33040 CO TYPE OF INSURANCE POUCY NUMBER POUCY EFFECTIVE POUCY EXPIRATION UMITS lm DATE (MM/DDIYV) DATE (MM/DDIYV) ~NERAl UABIUTY GENEAALAGGREGATE $ COMMERCIAL GENERAL IJABIUlY PRODUCTS COMP/OP AGG $ 1 CLAfMS MADE Cl OCCUR PERSONAL & ADV INJURY $ OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ ~ FIRE DAMAGE (Anyone fire) $ ~ MED EXP (Anyone person) $ ~TOMOBILE UABIUlY COMBINED SINGLE UMIT $ ANY AUTO - All OWNED AUTOS APP.~Bn(~n:rM[Nr BODIL Y INJURY >--- $ SCHEDULED AUTOS (Per person) >--- BY . "~ HIRED AUTOS BODIL Y INJURY ---- q-df11 $ NON-OWNED AUTOS (Per accident) ---- DATE .j ~ II I. / PROPERTY DAMAGE $ " ,~ '" . ur,.. . :\. I' ~ ,., 1 ~RAGE UABIUTY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: 1\ - tJlA'. ~'lV EACH ACCIDENT $ - A " AGGREGATE $ EXCESS UABIUTY C~~ EACH OCCURRENCE $ R UMBREUA FORM ~(~ mChff! AGGREGA TE $ OTHER THAN UMBREW~ FORM $ WORKERS COMPENSA nON J1~D I WC STATU- I IOTH- TORY UMITS ER EMPLOYERS' UABIUTY EL EACH ACCIDENT $ TI-iE PROPRIETOR! r~INCl EL DISEASE - POUCY UMIT $ PARTNE~CU~ OFFICERS ARE: EXCL EL DISEASE EA EMPLOYEE $ OTHER OMMERCIAL HULL/MACHINERY & COHM. HULL/MACHIN. $5,000 A PROTECTION & INDEMNITY WOM1258157 08/19/97 08/19/98 P & I $500,000 CSL DESCRIPTION OF OPERA TIONS/LOCA TlONSNEHIClESlSPECIAL ITEMS MONROE COUNTY BOARD OF COUNTY COMMISSIONERS IS INCLUDED AS POLLUTION COVERAGE - COMPANY B ADDITIONAL INSURED FOR REMOVAL OF DERELICT VESSESL 08/21/97 - 08/21/98 .~lfI9A!pfl&!::l?~~:::::m::::mmm:::::::@:m:::.M::m:M::::::M::m@::@:@::::@t:m::::t@@:::::M:::::::M::::t::::M::@@:(9.A.~~f1J~t.~;j:l1@::::ill::::~:ili:liliii:ii::.:::::::::m::::m@::t:@@:::::::m:t.::::@:\::m:t\:::M MONROE COUNTY BOARD OF COUNTY COf+1ISSIONERS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELlED BEFORE THE 5100 COLLEGE ROAD EXPIRATION DATE TliEREOF, THE ISSUING COMPANY Will ENDEAVOR TO MAil KEY WEST Fl 33040-4399 J.2- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAilURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY ATTH: KIM McGEE, MARINE PROJECTS FAX: 305-295-4317 J ACORD ~5-S (1/95) ." """. 1/: ;h .""".." "......": "> "".~".:..:.,/ ------ OF ANY KINO UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. AUTfiOR1ZED REPRESENTATIVE / r-' () n@J ~. ~ACORO CORPORATION 1980 1 U "> :." :: "..,.~~- .p.Roo.licER.................... ......................................................................................................... THIS CERTIFICATE IS ISSUED AS A MAlTER OF INFORMATION .. DONATO INS. AGENCY IN~:. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. BOX 607518 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ORlANDO FL 32750 COMPANIES AFFORDING COVERAGE 407-889-7525 COMPANY A CONNECTICUT INDEMNITY INSURED ARNOLD IS TO"ING SVC, ARNOLD I S AUTO & MARINE, BK TOWING & ROADSIDE ASSIST IN 5540 3RD A VIE. KEY WEST FL 33040 COMPANY B COMPANY C COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICAT'ED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. AUTOMOBILE UABIUTY ANY AUTO ALL OWNED AUTOS X SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS ViAlVtR: POUCY EFFECTIVE POUCY EXPIRATION UMITS DATE (MMIDDIYY) DATE (MM/DDIYY) GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ PERSONAL & ADV INJURY $ EACH OCCURRENCE $ FIRE DAMAGE (Anyone fire) $ MED EXP (Anyone person) $ COMBINED SINGLE UMIT $ 500,000 BODIL Y INJURY $ (Per person) 04/30/99 BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ CO lTR TYPE OF INSURANCE POUCY NUMBER GENERAL UABIUTY COMMERCIAl GENERAL UABIUTY CLAIMS MADE D OCCUR OWNER'S & CONTRACTOr~'S PROT L) Xl l - A TT101489 GARAGE UABIUTY ANY AUTO A X X TT101489 04/30/98 04/30/99 AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EACH OCCURRENCE $ AGGREGATE $ $ 500,000 500,000 500,000 EXCESS UABIUTY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AIND EMPLOYERS' UABIUTY OTH- ER THE PROPRIETOR! PARTNERS~ECUTIVE OFFICERS ARE: OTHER INCL EXCL $ EL DISEASE - POUCY UMIT $ EL DISEASE - EA EMPLOYEE $ RAGEKEEPERS LEGAL LIAS. A ON-HOOK TT101489 04/30/98 04/30/99 $1,000 OED $1,000 DED $100,000 $50,000 DESCRIPTION OF OPERA TlONS/LOeA TIONSNEHICLES/SPECIAL ITEMS MONROE COUNTY BOARD OF COUNTY Cor+1ISSIONERS IS INCLUDED AS POLLUTION COVERAGE - COMPANY B - POLICY 110619-02 ADDITIONAL INSURED A)R REMOVAL OF DERELICT VESSESL 08/21/97 - 08/21/98 ~l.mPAt:p:f&t.ggij:m::::::::::::::::ttmfmt:f:tt::::::::::::m:::::::::::::tm:::tmmt:I::fmt:f:.:::m::::t:::f:t:Im::::::::::ft9.Al_n~;:i:Jjm:t~t}llij(:;Jj:~:::::ff::mt:mttm::::I::~~::::~~> MONROE coulm BOARD OF COUNTY C~ISSIONERS SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCElLED BEFO~E THE ATTN: RISK MGT. EXPIRATION DATE THEREOF, THE ISSUING COMPANY Will ENDEAVOR TO MAIL 5100 COLLE~iE ROAD -1.0-. DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, KEY WEST FL 33040-4399 BUT FAILURE TO MAIL SUCH NOTICE SHAll IMPOSE NO OBUGATlON OR UABIUTY ATTN: KIM I4cGEE, MARINE PROJECTS COORDINATER FAX: 30S-:Z95-4317 OF ANY KINO UPON AUTHORIZED REPRESENTA TIV ; -;. ;':XlQN::1;$S6 ACQRtl~$~~H~r::::::::::.:t:{6tiffi:.::':::<<