02/11/1998 DV032458 & DV03A2461
1ft
Dannp I. Itolbagt
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARA THON, FLORIDA 33050
TEL (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNlY
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
Attention: Kim McGee, Marine Projects Coordinator
FROM:
Ruth Ann Jantzen, Deputy Clerk ~..
February 25, 1998
DATE:
------------------------------------------------------------------------------------------------------------------------
On February 11, 1998, the Board of County Commissioners granted approval and
authorized execution of a Contract Agreement between Monroe County and ASAP, Inc.,
for the remo~al of DV03A2458 and DV03A2461 located in the Upper Keys, and adopted
Resolution No. 021-1998 authorizing an allocation from the Boating Improvement Fund
of $3,182.00 for the removal of DV03A2458 and DV03A2461.
Enclosed please find a fully executed duplicate original of the above Agreement
for return to ASAP, and a certified copy of the above Resolution for your handling.
H you have any questions concerning the above, please do not hesitate to
contact me.
cc: County Attorney
Finance
County Administrator, wlo document
file
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CONTRACT AGREEMENT
AGREEMENT, MADE THIS J/ ti day of ~etJA8II998, by and
between, ASAP, Inc.
("Contractor"), and the BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, of the County of
Monroe, State of Florida ("Board").
The Contractor and the Board, for the consideration named agree as follows:
1. The Contractor shall furnish all the materials and perform all the work as
required by the Specifications for the removal of DV032458 AND DV03A2461 for
which Florida Marine Patrol Derelict Vessel Reports are attached as 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
March 31. 1998.
3 · The Contractor understands the rules of the Florida Department of
Environmental Protection and shall comply with those rules, along with the rules and
procedures 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 $ $3.182.00 for the removal and disposal
of DV03A2458 and DV03A2461. Payment will be upon completion of ~ork by the
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Contractor and review and approval by the Marine Projects Coordinator.
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5. The attached Derelict Vessel Reports, Specifications, and the Monroe County
Insurance Requirements together with this Agreement, form the Contract. They are
fully a part of this Contract as if repeated herein verbatim.
6. The Contractor covenants and agrees to indemnify and hold harmless the
Monroe County Board of County Commissioners from any and all claims for bodily
injury (including death), personal injury and property damage (including property
owned by the County) and other losses, 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 13 does not vitiate this indemnification
provision.
7 · The Contractor agrees to supply the County with a set of photographs of each
vessel in all phases of the removal and disposal process. The Contractor will be
responsible for the camera, film, and development costs.
8. The Contractor must inform the County and the Florida Marine Patrol prior to
initiation of work.
- .
9 · The parties agree that a timely performance of this agreement is essential due to
possible damage to the natural resources, hazards to navigation, or threats to human
health and welfare. Therefore, the parties agree that the Contractor shall be liable to
the Board for $100 per day of liquidated damages for each day after 3-31-98 that the
Contractor's obligations under this agreement remain unperformed. The parties agree
2
that such amount is by the way of compensatory damages and does not constitute a
penalty.
10. Due to the use of heavy equipment and, at times, dangerous work environment,
the Contractor understands and agrees to maintain an alcohol an drug free work
environment.
11. The Contractor will be responsible for all necessary insurance coverage as
indicated by an "X" on the attached forms identified as INSCKLST 1-4, as further
detailed on forms VLl, WCl, WCJA, GLl, WLl, & POLl attached as Exhibit C. All
policies must list Monroe County as additional insured with the exception of the
Worker's Compensation policy.
12. 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
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, 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:
_~____h~.
,
Title:
Business name: ASAP, Inc.
BOARD OF COUNTY COMMISSIONERS
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(SEAL) ATTEST:
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A1'1Ift DANNY L
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CLERK
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EXHIBIT A
INCIDENT REPORT NARRATIVE CONTINUATION
ZONE
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DERELI.CT VESSEL # 3A- 2458 INCIDENT # 973A15211
1. REG # FL5832EA LENCTH~~T. MAKE:Homemade MODEL COLOR Off White
HULL MATERIAL: WOOD_ F/G---x METAL---L.- OTHER (SPECIFY)
MOTOR YES_ NO~ TYPE OTHER IDENTIFIERS
2.
VESSEL OWNER:
ADDRESS:
Marie D. Leger
PO Box 1465 (219 Oleaner )
Key Largo, FL 33037
D.O.B.UK I I
COUNTY Monroe
3. PHYSICAL LOCATION OF DV: Community Harbor, Kev Lar~o, off of Cambell's Marina.
LATITUDE/LONGITUDE (DEGREES, MINUTES, SECONDS) Near exit channel. N25.00.918/080.31~239
4. CONDITION: WRECKED~ JUNKED~ DISMANTLED ABANDONED---L- AGROUND
BURNED CAPSIZED BROKEN UP
5. SUBMERGED 60 % DEPTH 2' FT. ANCHORED ADRIFT
ON SHORE_ IN WETLANDS_ ~IED TO OBJECT_ OTHER
6~
PROPERTY OWNER:
State of Florida
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B.
STATE LAND_
PERMIT FOR ABANDONMENT: YES_ NO~ ISSUED BY
ABANDONMENT REASON
Unknown
9. NAVIGATION THREATENED? YES~ NO_ HOW Unlighted may get hit at night or
drift.
10. ENVIRONMENT ENDANCERED? YES X NO_ HOW Resting on bottom.
~ -
11.
TOWED WITHOUT REPAIR? YES X NO_ UNK
OTHER
12. RECOMMENDED DISPOSITION: lANDFILL ~ ARTIFICIAL REEF
MARINE HABITAT_ RECYCLE METAL OTHER
13. NARRATIVE I DILIGENT SEARCH (EXPLAIN) No one in area. Vessel has been in it:s Dresent
locat:ion for some time. It: has heavy bottom growth and is full of water.
No listing in local phone book. Sent: certified letters t:o PO Box and
physical address.
14. PAINTED DVH ON VESSEL? No DATE
Offlcer<s) Reporting (please print>
Deputy John.W. McGee-MeSO
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4 PHOTOS OF DV INCLUDED? Yes
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CiLltion f'JUI1II)(J(
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DERELICT VESSEL # 3A-
2458
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Officer(s) Rcnortlng (please nrlnU
Deputy John W. McGee-MeSO
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INCn:~.~NT' REPORT NARRA riVE CONTINUATION
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DERELI.CT VESSEL # 3A- 2461 INCIDENT # 973A15214
1. REG #FL6810AH LENGTH~FT. MAKE: Tollycraft MODEL COLOR Blue/White
HULL MATERIAL: WOOD_ F/G~ METAL----L- OTHER (SPECIFY)
MOTOR YES-.! NQ_ TYPE Inboard OTHER IDENTIFIERS
2.
VESSEL OWNER:
ADDRESS:
Carl Norgate & Diane Chandler
PO Box 665
Islamorada, FL 33036
O.O.B. 6 118 I 43
COUNTY Monroe
3. PHYSICAllOCA TION OF DV: Entrance to Cove behind Estes FishinJ! Camp. Windley Kev.
LATITUDE/LONGITUDE (DEGREES, MINUTES, SECONDS) N24-56-686/080.36.571
4. CONDITION: WRECKED_ JUNKED-L DISMANTLED _ ABANDONED~ AGROUND
BURNED_ CAPSIZED BROKEN UP
5. SUBMERGED 40 % DEPTH 4 FT. ANCHORED ADRIFT
ON SHORE_ IN WETLANDS_ ~IED TO 08JECT~ OTHER_
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9.
10.
PROPERTY OWNER:
State of Florida
STATE LAND_
PERMIT FOR ABANDONMENT: YES_ NO~ ISSUED BY
ABANDONMENT REASON
Unknown
NAVIGATION THREATENED? YES~ NO_ HOW Unli~hted Kay Get Hit At Ni2ht.
ENVIRONMENT ENDANCERED? YES X NO HOW Resting on Bottom.
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11. TOWED WITHOUT REPAIR? YES X NO_ UNK
OTHER
12. RECOMMENDED DISPOSITION: lANDFIL~ -.!.. ARTIFICIAL REEF
MARINE HABITAT_ RECYCLE METAL OTHER
13.
NARRATIVE I DILICENT SEARCH (EXPLAIN)
Vicinity of Vessel.
No listine 'in local phone hook Nn nn~ iu
14. PAINTED DVH ON VESSEL?~O DATE I I
4 PHOTOS OF DV INCLUDED?
Yes
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VL.
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Offlcer<s) Reporting (please prlnU
Deputy John W. McGee-MeSO #7878
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i.i,\J.CiLfJt:N i'. r~t:J;,ut( l NARRATIVE CON-IINUAIIUN
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DERELICT VESSEL # 3A- 2461
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EXHIBIT B
DERELICT VESSEL REMOVAL CONTRACT SPECIFICATIONS
FOR MONROE COUNTY, FLORIDA
1. INTENT: It is intended that these specifications shall cover all aspects of the work.
The purpose of this section is to provide specific conditions applicable to this
contract where such coverage is not provided in other portions of the documents.
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
removal of one or more derelict vessels for less than $25,000 total.
. "
3. PLANS: 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
which a report is included and listed on the Bid Response Form are to be bid upon
and subsequently removed.
The County reserves the right to remove any or all vessels from this contract at any
time prior to actual removal from the water and disposal by the Contractor.
The County has a limited amount of money to effect the removal of these derelict
vessels. We have established priorities based on public safety, navigational hazard,
and environmental considerations. Ifbids exceed the County's resources for
removal based on these considerations, we shall limit vessel removal based on the
considerations and cost effectiveness.
4. VESSEL IDENTIFICATION AND LOCATION: Each of the vessels have been
given a derelict vessel identification number, which is shown with the location in
the Florida Marine Patrol Derelict Vessel Report, included herewith.
Each bidder is responsible for his own identification of each derelict vessel as to
location, description and condition. If a derelict vessel cannot be (1) located, (2)
removed, (3) verified and (4) disposed of, as specified in these procedures, then no
payment will be made forthcoming to the Contractor for that vessel. Those four
conditions must be met on each derelict vessel along with compliance of all laws
for payment to be made.
It is understood that the Contractor has, by personal examination and inquiry, if
necessary, 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.
. '"
The Contractor should take special care to remove only those derelict vessel's on
his Contract and for which he possesses a Florida Marine Patrol Derelict Vessel
Report. Other derelict vessels in the area but not under 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
Environmental Protection, Monroe County Administrator of the Derelict Vessel
Program, and the Contractor. This will be applicable when a contracted derelict
vessel 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. SCOPE OF WORK: The Contractor shall be responsible for providing all permits,
supervision, labor, equipment, tools, fees and taxes required to complete this
project to the satisfaction of the County.
The Contractor's procedure and methods of removal may be of his own selection
provided they secure results which satisfy the requirements of the Specifications
and any necessary environmental permits.
Any vessel which is removed and disposed of shall be removed from its present site
in such a manner as to do the least possible 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
removal from the water.
The Contractor shall be responsible for making any and all arrangement for access
to the vessel to be removed. If private property has to be traversed, then written
permission of the owner is necessary. In removing a derelict vessel that may lie on
or near grass or sponge flats extreme caution must be 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
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. MA 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
experienced and qualified to do the work specified, and that all work will be
performed in accordance with the best commercial practices. A list of equipment
to be used and a description of the removal and transporting procedures to be
followed must be provided to the County at the pre-work conference described
below.
Precaution shall be exercised at all times for the protection of persons and property.
The safety provisions of the Occupational Safety and Health Act 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
repair 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
understood that the Contractor is in all respects an independent Contractor for this
work, not withstanding under certain conditions he is bound to follow the
directions of the County, and is in no respect an agent, servant, or employee of the
County. 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.
The Contractor is fully responsible to the County for the acts and omissions of his
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
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
expedient manner.
8.
LEGAL RESTRICTIONS. PERMITS AND TRAFFIC PROVISIQNS: 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.
. ''\
The Contractor shall conduct his operations so that he shall not close any
thoroughfare nor interfere in any way with traffic on highways, or on water,
without the written consent of the proper authorities. Work shall be done at any
time that shall not 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
approval of the land owner.
The Florida Marine Patrol should be contacted to initiate eviction proceedings for
contracted derelict vessels which are inhabited at the time of removal and when
another vessel is too close to the 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) ofInsurance 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 Fl. Statutes
b. Federal Jones Act Coverage
c.
General Liability Insurance on a comprehensive basis, in an amount not less than
$500,00.00 per occurrence for Bodily Injury and Property Damage combined, to
include contractual liability.
. "
c. Pollution Liability Insurance in the Amount of $500,000.
d. Water Craft Liability Insurance in the Amount of$500,000.
e. Automobile 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. COMMENCEMENT. DELAYS AND COMPLETION OF WORK: After
receiving Board of County Commission approval of the Contract, and after
reconciliation of any details or conditions which may directly or indirectly interfere
or conflict with work of the Contract, the County will issue a "Notice to Proceed"
officially authorizing the Contractor to commence. The Contractor 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.
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 (I 0) days from the beginning
of such delay notify the County, in writing, of the causes of the delay. The County
representative will ascertain the facts and the extent of the delay and notify the
Contractor wit11in 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. CHANGES AND INSPECTION: The vessels herein considered are to be removed
for the County by the Contractor in accordance with the specifications. The County
may give instructions or directions to supplement the specifications. These shall be
binding upon the Contractor and upon all his subcontractors, employees and agents
of every kind.
All work and every process and operation shall be subject to inspection at all
times, 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.
The right is reserved to change the Specifications consistent with regard to the
general intention of the contract for any part of the work or materials, either before
or 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.
Except when otherwise specified, the expense of all tests requested by the County
will be borne by the County.
12. AUDIT 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. CONTRACT AWARD: The County reserves the right to evaluate the submitted
bids and award a contract to the bidder submitting the lowest per foot bid for the
derelict vessels listed in the bid package as one project and for which a
Florida Marine Patrol Derelict Vessel Report is included. One bid will he 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
The actual number of vessels to be removed will depend on the accepted per foot
bid price and the available funds.
14. PREWORK CONFERENCE: A meeting will be necessary involving a
representative of the County, the 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
shall provide the County with a schedule as to the order in which he proposes to
remove the vessels awarded to him.
. '..
15. CONTRACT SECURITY: The 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. EXECUTION 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.
The 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 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
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 $1 00 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
"beginning date" of the project.
7
18. TERMINATION 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. 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 .'li
structures. The disposal of materials, rubbish and debris shall be made at a legal
disposal site.
20. DISPOSAL SITES AND FEES: The Contractor is responsible for disposal of all
derelict vessels included in this contract and must make arrangements for legal
disposal. It is the responsibility of the Contractor to pay all disposal fees
incurred, and such removal related costs should be considered when bidding on this
contract.
The Contractor will deliver the derelict vessels to a Florida Department of
Environmental Protection permitted disposal site that has current occupational tax
licenses. It is the intent of this contract to remove derelict vessels from their
present site and legally dispose of them. Upon receipt of vessels at the landfill,
they must be disposed of immediately.
There 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
landfills 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. PROOF OF PROPER DISPOSAL AND NOTIFICATION TO MARINE
PATROL: Contractor must submit prior to receiving any payment: A receipt for
each vessel including the date of disposal, the Florida Marine Patrol Derelict Vessel
Number, disposal site location, and the telephone 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
removal 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 disp{,sal site). The derelict
vessel number, when possible, must appear in all photographs.
8
The Contractor will be responsible for the camera, film, and development costs.
The photographs should be taken with a Polaroid camera that provides instant
photos 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
removal and disposal of the contracted vessels final payment can not be assured.
The 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. PAYMENT: 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.
Photographs, disposal receipts, and signed FDEP Disposition Certification form for
the vessels for which payment is being requested.
The Contractor understands and agrees that no payment will be forthcoming for the
removal and disposal of any derelict vessel (I) not listed on this contract nor (2) for
any derelict vessel on this contract for which a written certification verifying the
removal of the subject vessel 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
contracted work.
23. NON-COLLISION AFFIDAVIT: Upon entering into the contract, the Contractor
agrees to sign and endorse the Non-Collusion Affidavit form (attached).
24. ETHICS CLAUSE: Upon entering into the contract, the Contractor agrees to sign
and endorse the Ethics Clause form (attached).
25. DRUG FREE WORK PLACE FORM: Upon entering the contract, Contractor
agrees to sign and endorse the Drug Free Work Place form (attached).
26. DERELICT 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
EXHIBIT C
1996 Edition
1\10NROE COUNTY, FLORIDA
INSURANCE CHECKLIST
FQR
VENDORS SUB1\fItTING 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 himlher sign it in the place provided. It is also required that the bidder
sign the form and submit it with each proposal. .
. ,"'
VlORKERS' COMPENSATION
AND
E1\1PLOYERS' LIABILITY
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/$ 500,000/$ 5 00,000
$1,000,000/$1,000,000/$1,000,000
Same as Employers'
Liability
Same as Employers'
Liability
wel
WC2
WC3
WCUSLH
\\'CJA
INSCKLST 1
Administration Instruction
#4709.2
1996 Ed itio"
GENERAL LIABILITY
As a minimum, the required general liability coverages will include:
· Premises Operations
· Blanket C9ntractual
· Expanded Definition
of Property Damage
Required Limits:
GLl
x
GL2
GL3
GL4
Required Endorsement:
GLXCU
GLLIQ
GLS
PrqQucts 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 (XCU)
Liquor Liability
Security Services
All endorsements are required to have the same limits as the basic policy.
Administration Instruction
#4709.2
INSCKLST 2
1996 Edition
VEHICLE LIABILITY
As a minimum, coverage should extend to liability for:
· Owned; Non-owned; and Hired VehjGles
Required Limits:
BR1
J\1V C
PR01
PR02
PR03
POLl
POL2
POL3
ED1
ED2
GK1
GK2
GK3
VLl x
VL1
VL2
VL3
VL4
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
.'~
1\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/$I,OOO,OOO Agg.
$1,000,000 per Occurrence/$2,000,000 Agg.
$ 500,000 per Occurrence/$1 ,000,000 Agg.
$1,000,000 per Occurrence/$2,000,000 Agg.
$5,000,000 per Occurrence/$1 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 3
1996 Edition
rnSURANCEAGENT'SSTATEMENT
I have reviewed the above requirements with the bidder named below. The following deductibles
apply to the corresponding policy.
POLICY
1 1
DEDUCTIBLES
. ''l.
Liability policies are _ Occurrence
Claims J\1ade
Insurance Agency
Signature
BIDDERS STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all the requiremellts.
Bidder
Signature
INSCKLST 4
Administration Instruction
#4709.2
1996 Edition
\VORKERS' COMPENSATION
INSURANCE REQUIREl\1ENTS
FOR
CONTRACT
I
BETWEEN
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 with limits of not less
than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage 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 of Insurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
\Vel
Administration Instruction
#4709.2
1996 Edition
\\'ORKERS' C01\1PENSA TION
INSURANCE REQUIREMENTS
FOR
CONTRACT
1 1
BETWEEN
MONROE COUNTY, FLORIDA
AND
. \",
Recognizing that the work governed by this contract involves Maritime Operations, the Contractor's
Workers' Compensation Insurance Policy shall include coverage for claims subject to the Federal 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 Workers' Compensation policy.
\\'CJA
Administration Instruction
#4709.2
1996 Edition
GENERAL LIABILITY
INSURANCE REQUIRE1\fENTS
FOR
CONTRACT
f
BET\\'EEN
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 minin1um limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,OOO.Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfY the above requirements.
GLl
Administration Instruction
#4709.2
1996 Edition
\V A TER CRAFT LIABILITY
INSURANCE REQUIRE1\fENTS
FOR
CONTRACT
1 1
BET\VEEN
MONROE COUNTY, FLORIDA
AND
. '"'
Prior to the commencement of work 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
· 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 coverage applies for the "Acts or Omissions of a 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 County.
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
WLl
Administration Instruction
#4709.2
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
A- · 5.,4 .~.
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispens-
ing, possession, or use of a controlled substance is prohibited in the workplace and specifying the
actions that will be taken against employees for violations of such prohibition.
2. Inform 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 imposed 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 (1).
4. In the statement specified in subsection (1 ), 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 terms
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 (Florida 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 stateme , certify that this firm complies fully with the above
requirements.
,y/
/-/S-7r-
Date
MCP#5 REV. 6/91
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
/-l a:>, A .~
warrants that he/it has not employed, retained
or othenvise 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 emplo.yee 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,
commission, percentage, gift, or consideration paid to the former County officer or employee.
Date: / -/5-:;Y
STATE OF
rk-?J,-cM-
$fl7?O€
COUNTY OF
PERSONALL Y APPEARED BEFORE ME, the undersigned authority,
~ y r=~/ 'V- who, after first being sworn by me, affixed hislher
Signature'cname of individual signing) in the space provided above on this /S1 day of
~#tJH-rf1 ,199r
, ~.?,:~~
NOTARY PUBLIC
My commission expires:
MCP#4
.,"'H'~1. na.-a. K. ~
'~tI "41! QlUtIll IWU(llIIIJV
.,~. .. -~~
~*: :*i MY OOMMSSION , 00529329 EXPIRES
~.. /&i March 24, 1999
-~o-;~~~ BOHDEDnRJTROV FAIN IHSU&&IIM: IHe
l'lli...'" """"'"f .
NON-COLLUSION AFFIDA vir
'-1,(11 I, ~ ~~ r71'/dl.
p ~ of P ,.,.~~ e:- according to law on my oath, and
under penalty of perjury, depose and say that;
of the
1) I am
the Proposal for the project described as fo((ows:
A.;;.. 4-.~
, the bidder making
2) The prices in this bid have been arrived at independently without collusion,
consultation, communication or agreementfor 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 wi(( 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
fu(( knowledge that Monroe County relies upon the truth of the ents contained in
this affidavit in awarding contracts for~aid project.,
STATE OF r ~7-::1/'c/4
f Bidder)
I - IS- - 7' r
DATE
COUNTY OF ~~be:-
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
,
~ ' ,.
/I · F~./ who, after first being sworn by me, (name of
individual sIgning) affixed hi Iher signature in the space provided above on this
-rh .
/~ 'I'day of ~~vt6171'Y
/
~'~~~
NOTARY PUBLIC
,19 '7 ~
My commission expires:
fta-la It McQee
(Q'I. QIUI- ""l!'fMil)l)Q EXPIRES
... -~ CQMMSS10N , \MX~07
: :*1 t8f March 24, 1999
· i 1MV 'AIM INIUMHCI.INC,
'.. \lllj 8CIIDEO 11RJ
Rr..\~
Mep #1
I'~~~~~-'" "~~~~"~
;~~~~-.:.:.:..-.:..-.:.:.:.:.:.:.:-:.:-:.:.:-:-:-::.:.:!~~~~~~~~~~~~~~~~~~~~~~~kl~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~::~~~~~~~~I~~~~~~t.~~~~~~~~~mi 07/16/9 7 ~:
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE Ar---UM.UI:U BY THE POL I~II=~ BELOW.
COMPANIES AFFORDING COVERAGE
LONDON INTERNATIONAL GROUP
9600 KOGER BLVD., STE #225
ST. PETERSBURG, FLORIDA 33702
COMPANY
A
BANKERS INSURANCE COMPANY
INSURED
A.S.A.P., INC.
P.O. BOX 804
TAVERNIER, FLORIDA 33070
COMPANY
B
COMPANY
C
I
COMPANY
o
~ -:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED 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 ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED B Y THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POlICIES, LIMITS SHOWN MAY HAVE BEEN REDUCE_~_~~_~~D C~'_._
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POUCY EFFECTIVE POUCY EXPIRATION
DATE (MMlDDIYY) DATE (MMlDDIYY)
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
=0 CLAIMS MADE []] OCCUR CGL INCLUDE CRANE RENTAL
OWNER'S & CONTRACTOR'S PROT W/OPERA TION
X CGL & P & I GLA09S100736-00
~
06/09/97
06/09/98
UMITS
GENERAL AGGREGATE S 1 000 000
PRODUCTS - COMPIOP AGG S 500 000
PERSONAL & ADV INJURY S 500 000
EACH OCCURRENCE S 500 000
FIRE DAMAGE (Anyone fire) S 50 000
MED EXP (Anyone person) S 5000
COMBINED SINGLE LIMIT S
BODIL Y INJURY S
(Per person)
BODll Y INJURY S
(Per accident)
PROPERTY DAMAGE S
AUTO ONl Y - EA ACCIDENT S
OTHER THAN AUTO ONLY:
EACH ACCIDENT S
AGGREGATE S
EACH OCCURRENCE S
AGGREGATE S
S
r we STATU- I 10TH-
TORY LIMITS ER
EL EACH ACCIDENT S
El DISEASE - POLICY LIMIT S
EL DISEASE - EA EMPLOYEE S
AUTOMOBILE LIABILITY
-
ANY AUTO
-
_ ALL OWNED AUTOS
_ SCHEDULED AUTOS
~ HIRED AUTOS
~ NON-QWNED AUTOS
-
GARAGE LIABILITY
-
ANY AUTO
-
-
APPROVED B) RISK MA ~,AGEMENT
, ^^ (\ (\. Il-
BY \ J \. ~ jp t/ I h.c.. )
1 fad (a,
EXCESS LIABILITY
~ UMBRELlA FORM
laTHER THAN UMBRELU\ ;=v~ivi
WORKER'S COMPENSATION AND
EMPLOYERS' LIABILITY
DATE
,
~VArVER:
/'
N/A / YES
rJLA"' ~Gn~
('(' L[;]i
THE PROPRIETOR!
PARllERSlEXECUTIVE
OFFICERS ARE:
DINCl
D EXCl
OTHER
DESCRIPTION OF OPERA TIONSlLOCA TIONSlVEHICLESlSPECIAL ITEMS
MARINE CONTRACTORS WHARF & DOCK BUILDER/CHANNEL MARKER REPLACEMENT/REMOVAU REPAIR INCL.DERILECT VESSEL
REMOVAL /HULL $ 30,000 BARGE / DRILL RIG, $35,000 EQUIPMENT .CERTIFICATE HOLDER IS AN ADDITIONAL INSURED.
:[:II~mlD.~nm~GiW_~1ill~'.~'tlliJ!"'1&iw.JmiljJ~1~~ftiW~~m.&~~ltm.tl.i'"$W&111@
MONROE COUNTY BOARD OF COMMISSIONERS
A TIN: RISK MANAGEMENT
5100 COLLEGE ROAD
KEY WEST, FLORIDA 33040
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT t
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
1/ - - OF ANY KINO ,-J.jPON THE COMPANY ITS, AGENTS OR / REPRESENTATIVES.
t-~)I ('r ( AUTH~OlZED ~~JtESENTA~E7' '.., , - ,,- ~:. ':..", .......,
I~- ! ./ - __;1' ':-,- ',""~' I -t~J~ ,: ::-
/ - / / -,:\ )r /,t {
:'AEQRrl':2~*mWitir\tr'@ffi:{J}mtmmmm:rmfU:fmm::!mmm!f!!~J_~:m~ttt'i'f;ffm;gf;fg4i;ltJ@:Ri:i:i:fmmM:tiii::ni::ttt:rt:ft~iiRD:B~RAT.tBft_I:
/~