09/19/1996 Piling Relocation, Tavernier Creek
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARA lHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF niE CIRCUIT COURT
MONROE COUNlY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OPPICB
88820 OV!RSBAS HIGHWAY
PLANTATION KEY, PLOIUDA 33070
TEL (305) 852-7145
FAX (305) 852-7146
MEMORANDUM
TO:
Peter Horton, Director
Community Services Division
FROM:
Isabel C. DeSantis, f)
Deputy Clerk ..!j. c... I
DATE:
October 9, 1996
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At the September 19, 1996 meeting, the Board granted approval of the filing ofa Grant Application with
FDEP-BIF and authorized execution of a Contract Agreement between the County and ASAP Marine
Contractors, for the relocation of a piling in Tavernier Creek, in the amount of $1,695.
The Board also approved an Amendment to the Agreement with Spirit Marine Towing & Assistance for
the removal of selected derelict vessels for 1996.
Attached hereto are duplicate originals of said Agreements for return to ASAP & Spirit.
Should you have any questions concerning the above, please do not hesitate to call.
cc:
County Attorney
Finance Director
County Administrator, w/o doc.
File ~
CONTRACT AGREEMENT
AGREEMENT, MADE THIS /tjYJ. day O&'t/it)(B~996, by and
,
betweE~n, - - ASAP Marine Contractors
("Contractor"), and the
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, of the
Count)' 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 for the relopation 9f a.'Il
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2 · The work performed under the Contract sha:l~-"';:comme;nce C
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i~ediately from the date the Liaison provides th~~6tice to ~
::t:::? i ..... -:
Proceed and shall be completed by September 30, 1996"=,": ~. ~
W f-'-,
3. The work performed under the Contract is contingent upon
piling in Tavernier Creek shown on Exhibit A.
grant funding from the Florida Department of Environmental
Protection Boating Improvement Fund. If grant funding is
denied, then no compensation is due under this Contract. The
Contractor acknowledges the contingent nature of the State
Funding and agrees that, if the grant is denied, the Contractor
may not make a claim for co~ensation under this agreement or by
way of estoppel, detrimental reliance or otherwise. The
Contractor understands the rules of the Department of
Environmental Protection and shall comply with said 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 specific job are understood by the
Contrac~tor .
4. The Board shall pay the Contractor the total sum of
~1~5.00 for the relocation of the piling in Tavernier
Creek shown on Exhibit A. Payment for the work shall be upon
completion by the Contractor and acceptance by the Board
5. The Exhibit A, together with this Agreement, form the
Contract. The Exhibit A is fully a part of this Contract as if
repeated herein verbatim.
6. The Contractor covenants and agrees to indemnify
and hold harmless 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 Monroe 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, occasioned by the
negligence, errors, or other wrongful acts or omissions of the
Contractor or its subcontractor(s) in any tier, their employees
or agents. The purchase of the insurance required in
paragra.ph 13 does not vitiate this indemnification provision.
7. The Contractor aCknowledges his/her intention to comply
with the need to coordinate all work with the appropriate
environmental agencies, the U.S. Coast Guard, and the County.
8. The Contractor agrees to SUpply the County with a
set of photographs of the relocated piling along with a letter
certifying completion of work. The Contractor will
be responsible for the camera, film, and development costs. The
Contractor also agrees to provide transportation for the Liaison
to inspect co~leted project.
Page 2
9. The Contractor understands and agrees that no payment
will be mage for this project without required photographs
and written certification of completion.
10. The Contractor understands and agrees that receipt of
Notice to Proceed from the County does not relieve his
responsibilities to obtain any appropriate permits.
11. Due to the use of heavy equipment and, at times,
dangerous work environment, the Contractor understands and
agrees to maintain an alcohol and drug free work environment.
12. The CONTRACTOR will be responsible for all necessary
insurance coverage as indicated by an "X" on the attached forms
identified as General Insurance Requirements and INSCKLST 1-4,
as further detailed on forms WC1, WCJA, GL1, & WL1 (attached as
Exhibit B). All policies must list Monroe County as additional
insured with the exception of the Workers Compensation policy.
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 a public entity, may not be awarded
or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity in excess
of the threshold amount provided in Section 287.017, for
CATEGORY TWO ($10,000.00) for a period of 36 months from the date
of being placed on the convicted vendor list.
Page 3
14. The Board may terminate this Agreement with
or without cause at any time upon giving the Contractor up to 10
days notice in writing. The Contractor, upon receipt of the
notice, shall immediately cease work. The Board must pay the
the Contractor the percentage of the contract price which is
proportional to the amount of work performed in a manner
satisfactory to the Board up to the date the contractor received
the notice of termination.
15. This contract is governed by the laws of the State of
Florida. Venue for any litigation arising under this contract
must be in Monroe County.
Page 4
IN WITNESS WHEREOF the parties hereto have executed this
agreement the day and
BY:
TITL ·
FIRM: ASAP Marine Contractors
(Seal)
Attest:
-----r '
,,4h~
Witness
~~
BY:
At test: DANNY L. KOLHAGE, Clerk
n.4ALc.. ~~
Clerk
B
Page 5
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COMPANY
A New York Marine & G
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90144 ., ........- II.
COMOPANY 1~rE1fNIw,Ol'tRStA-;f,-~ '''1..
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INDICATED, NOlWlTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH T T , ,I
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJEC -
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
PRODUCER Regan Insurance
90144 Overseas Hwy
Tavernier
( )
FL 33070
INSURED
A.S.A.P., Inc
P.O. Box 804
COMPANY
B
COMPANY
C
Tavernier
FL 33070-
CO
LTR
TYPE OF INSURANCE:
POLICY NUMBER
POLICY EFFECTIVE POLICY EXPIRATION
DATE (MM/DD/VV) OATE (MM/DDIYY)
LIMITS
A OENERAlllABllITY
X COMMERCIAL GENERAL LIABILITY MMO 152 0 1ML5 9 6
CLAIMS MADE ~I OCCUR
OWNER'S & CONTRACTOR'S PROT
X Prot & IndE~m
GENERAL AGGREGATE $1 0 0 0 0 0 0
06/09/96 06/09/97 PRODUCTS -COMP/OPAGG $500 000
PERSONAL & ADV INJURY $
EACH OCCURRENCE $ 5 0 0 0 0 0
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
BY
GARAGE lIABllIlY
ANY AUTO
vrl /
~tU '\Tq.
~J ;' ~
EXCESS lIABllIlY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION ANID
EMPLOYERS' lIABllIlY
/
THE PROPRIETOR!
PARTNERS/EXECUTIVE
OFFICERS ARE:
OTHER
/ /
INCL
EXCL
/ /
FIRE DAMAGE (Anyone fire) $
MED EXP (Anyone person) $
/ /
COMBINED SINGLE LIMIT $
BODILY INJURY
(Per person)
$
~(C
K,11It
t6GA1t1C ()
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE
$
/ /
AUTO ONLY - EA ACCIDENT $
OTHER THAN AUTO ONLY:
EACH ACCIDENT $
AGGREGATE $
/
I
EACH OCCURRENCE $
---
AGGREGA TE $
----
$
j STATUTORY LIMITS
EACH ACCIDENT $
DISEASE - POLICY LIMIT $
/
I
/
/ /
DISEASE - EACH EMPLOYEE $
/ /
DESCRIPTION OF OPERA TIONS/LOCA'fIONSNEHICLESISPECIAL ITEMS
Certificate Holder is named as additional insured wi 30 day cancellation
clause.
Dock Buildin reconstruction of Channel Markers Removal of derilect vessels
dE6TfaCAteHbtQEA::~?:::fI::i:'i:~:/'::::::::i{i:f::i:!t::tf:!t::{j:::fX:::I:::?: ::.PANCE~ffqf.ft. .:. ..::.... ..... . . ........ .... ..'.'.'.'.'.'...':'.':. . .....,.....',......./ ....,. ......... . .............. ....
Monroe County Board Of SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE
Commissioners EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
Attn: Risk Management ~DAYS WRITTEN NOTICE TO THE CERTIFICA
5100 College Road BUT FAILURE TO MAIL NOTICE SIMP N OR LIABILITY
Key West FL 33040 OF ANY
AUTHORIZED
I
:AcbRDi5~S (3/93)
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under penalty of perjury, depose and say that;
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~ { NON-COLLUSION AFFIDA VIT ./ .
" -,/)( S~ /?'1:17~/>-f7:-- ~(;-..J /7?/i r;:' %~e
according to law on my oath, and
. m/lr~f;0 5
1) I am /f ~4 ~ /77/9 7~ / ~ ~ ~C' ~ , the bidder making
the Proposal for the project described as follows:
2) The prices in this bid have been arrived at independently without collusion,
consultation, communication oragreementforthe purpose of restricting competition, as
to any nnatter relating to such prices with any other bidder or with any competitor;
~;) Unless otherwise required by law, the prices which have been quoted in this
bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed
by the t)idder prior to bid opening, directly or indirectly, to any other bidder or to any
competitor; and
4.) No attempt has been made or will be made by the bidder to induce any other
person, partnership or corporation to submit, or not to submit, a bid for the purpose of
restricting competition;
5;} The statements contained in this affidavit are true and correct, and made with
full kno'Nledge that Monroe County relies upon the truth of the statements contained in
this affi~javit in awarding contracts for said proje
COUNTf OF 4 ~,rC-
( .
V
STATE OF r/'-/
PERsor~ALL Y APPEARED BEFORE ME, the undersigned authority,
-----.--' .
~ /t. r---r-1/ >v,' who, after first being sworn by me, (name of
4
individual signing) afti ed his/her signature in the space provided above on this
/~ / 9~
- day of /j()ft{> .,- ,19..
~~'A'~.~
NOTARY PUBLIC
My corrlmission expires:
"'''''''~'';''''' GIot1a K. McGee
f.~~~~::: MY COMM1SSl0N , CC529329 EXPtRES
~~.~tI' rj March 24, 1999
-:'''1J!~ · BONDED 1WIJ TADV'AIN INSURANCE. INC.
'lIT..
Mep #1
DRUG-FREE \\JORKPLACE FORM
The undersigned vendor in accordance \\'ith Florida Statute 287.087 hereby certifies that:
~~~
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(Nanle 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. Infom1 employees about the dangers of drug abuse in the \\'orkplace, the business's policy of
maintaining a drug-fTee workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
\Tiolations.
3. Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (J).
4. In the statement specified in subsection (I), notify the employees that, as a condition of working
on the commodities or contractual services that are under bid, the employee will abide by the 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 (Fiorida 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 state
requirements.
t, I certify that this firm complies fully \\'ith the above
Date
MCP#5 RJ::V. 6/91
S\\'ORN STATEMENT UNDER ORDINANCE NO.1 0-1990
MONROE COUNTY, FLORlDA
ETHICS CLAUSE
. . .# - L4~-=/?t"'~~ .
/I <'5.:~ ~-:7 ~ 79 /,-yrc.- ~ /7 warrants that heht has not employed, retained
or otherwise had act on his/its behalf any fonner County officer or employee in violation of
Section 2 of Ordinance no. 1 0-1990 or any County offIcer or employee in violation of
Section 3 of Ordinance No.1 0-1990. For breach or violation of this provision the County
may, in its discretion, tenninate 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 fonner County offi or employee.
tJgnaz j
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I ·
Date:
.I.
. L'
. !
STAlrEOF
r>:' r7-- "4-
~./V7?uF
COUNTY OF
PERSONALL Y APPEAAED BEFORE ME, the undersigned authority,
,
'VI ~7?/#,?
"'..-- .
who, after frrst being Sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this /.C3 day of
/I(j 9(J~ I' ,19 y?
~,,,,':;F,~'" Glomi K. M~Get'
I~A~.. ~ uv f''''~~4.,;'.',''''';~:-;;u;.'r ......u:-~.,.XL->~.
i*{ }*] MT . rVlj"~O~1141~.f~':}r\.Jn '-'A]Jlres:
~.... ..~'Jl' ,',:. I ~'!
~Rf.~~,,, dJt.lJ,-U IHHU IhO'tIAIN l~iJAAHCE.INC.
~~~~.~~
NOTARY PUBLIC
M C:Pt.f4
"', GlorIa K. McGee
.~\ MY COf.MSSION' CC529329 EXPIRE:
fj MardI 24, 1999
.' IDII!D'MIJ TROV FAJH INSURANCE, !He
..PAQOOcE.R.....Reg.an.........!.n.surance....................................................................... THIS CERTIFICATE IS ISSUED AS A MATrER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
90144 Overseas Hwy HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
Tavernier
( )
FL 33070
COMPANY
A New York Marine & General
INSURED
A.S.A.P., Inc
P.O. Box 804
COMPANY
B
COMPANY
C
Tavernier FL 33070- COMPANY
(I ) - 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, 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.
CO
LTA
TYPE OF INSURANCE
POlICY NUMBER
POUCY EFFECTIVE POLICY EXPIRATION
DATE (MM/DDIYV) DATE (MM/DDIYV)
LIMITS
A ~NERAL UABIUTY
X COMMERCIAL GENERAL LIABILITY MHO 152 0 1ML5 96
[EO CLAIMS MADE 00 OCCUR
OWNER'S & CONTRACTOR'S PROT
X Prot & IndeJm
06/09/96 06/09/97
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
PERSONAL & ADV INJURY
EACH OCCURRENCE
FIRE DAMAGE (Anyone fire)
MED EXP (Anyone person)
$1,000,000
$500, 000
$
$500, 000
$
$
l'(ec(' 1 ve'
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/
COMBINED SINGLE LIMIT
$
AUTOMOBILE UABIUTY
-
ANY AUTO
1[\) iT1 A.I.
-
ALL OWNED AUTOS
-
SCHEDULED AUTOS
BODILY INJURY
(Per person)
$
_ HIRED AUTOS
NON-OWNED AUTOS
ANY AUTO
tJ ; F' Ch'f C B \- R I S ~~ \~^ ': l:f' ~ MeN T
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BODILY INJURY
(Per accident)
$
~,e/~
~'-~
PROPERTY DAMAGE
$
~AAGE LIABILITY
/ /
AUTO ONLY - EA ACCIDENT $
OTHER THAN AUTO ONLY:
EACH ACCIDENT $
AGGREGATE $
EACH OCCURRENCE $
~GGREGATE $
$
EXCESS LIABILITY
I UMBRELLA FORM
laTHER THAN UMBRELLA FORM
WORKERS COMPENSATION ANDI
EMPLOYERS' UABILlTY
/ /
/ /
THE PROPAIETOR/
PARTNERS~ECUTIVE
OFFICERS ARE:
OTHER
il'NCL
rl EXCL
/ /
I STATUTORY LIMITS
/ / EACH ACCIDENT $
DISEASE - POLICY LIMIT $
DISEASE - EACH EMPLOYEE $
/ /
.<
/ /
DESCRIPTION OF OPERA TIONS/LOCA11ONS/VEHICLES/SPECIAL ITEMS
Certificate Holder is named as additional insured w/ 30 day cancellation
clause.
Dock Buildinq and reconstruction of Channel Markers
Monroe County Bc)ard Of SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEllED BEFORE THE
Commissioners EXPIRATION DATE THEREOF, THE ISSUING COMPANY Will ENDEAVOR TO MAIL
Attn: Risk Mana~Jement -1..Q DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
5100 College ROcld BUT FAILURE TO MAIL SUCH NOTICE SHAll IMPOSE NO OBLIGATION OR UABIUTY
Key West FL 33040 OF ANY KIND UPO~E COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZEDZ R~E T -~. ' i~w'~ JI')
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