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11/23/1994 Replace Markers, Windley Key Pass J)ann!' JL. ~olbagt BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 . CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 MEMORANDUM FROM: TO: Peter Horton, Director Division of Community Services Ruth Ann Jantzen, Deputy Clerk ~ ..AI. DA TE: December 13, 1994 ------------------------------------------------------------------------------------------------------------------------ . On November 23, 1994, the Board of County Commissioners granted approval and authorized execution of the following documents: Contract Agreement between Monroe County and ASAP Marine Contractors for the emergency repair of Channel Markers #11, #12, #13, #15 and #16 in Windley Key Pass, in the amount or $4,350.00. Display Lease between Monroe County and Rejoyce, Inc., for space at the Key West International Airport. Lease Amendment between Monroe County and Keys Woodworker,Inc., for a parking lot at the Marathon Airport. This Amendment adds required FAA language to the Agreement, and states the access gate to the Mosquito Control District must be kept clear. Resolution No. 385-1994 authorizing the filing of a Grant Application with the Florida Department of Environmental Protection, Boating Improvement Fund, and directing the execution of same by the proper authorities for the installation of Aids to Navigation in Sugarloaf Sound. Resolution No. 386-1994 authorizing the ming of a Grant Application with the Florida Department of Environmental Protection, Boating Improvement Fund, and directing the execution of same by the proper authorities for the emergency removal of DV091420, DV091422, DV091423, DV091425, and DV091661 located in Boca Chica Bay. CONTRACT AGREEMENT FILED F OR RE(~ORO "\.-, , \ .940EC 13 P 3 :00 AGREEMENT, MADE THIS ~ day of tJDv'~1994, by and between, ASAP Marine Contractors :: ' j ( "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. ~rhe contractor shall furnish all the materials and perfo]~m all the work as required by the attached Specifications for the repair and/or replacement of Channel MarkerS--L!1,12..13.. in Windley Kev Pass 1.5, & 16 2. ~~he work performed under the contract shall commence immediately from the date the Liaison provides the Notice to Proceed arld shall be completed by December 15. 1994 3. If the Notice to Proceed has not been given by the Liaison tC) the contractor on or before November. 24. 1994 then this Agreement shall be null and void. 4. ~~he work performed under the contract is contingent upon appropriat~e grant monies from the Florida Department of Environmental Protection Special Waterway Projects Program. If this grant. is denied, this Agreement shall be null and void. The contractor' understands the rules of the Department of Environmen.tal 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 re~irements of the Specifications are understood by the contractor. 5. ~rhe Board shall pay the contractor the total sum of $ 4.350.00 for the replacement and or repair of channel markers# 11,12, 13, in Windley Kev l?ass 15 & 16 Payment f()r the work shall be upon completion by the contractor and acceptance by the Board, subject to the terms and conditions of the SpE~cifications (attached as Exhibit A) and this contract. 6. ~rhe attached Specifications, together with this Agreement~, form the contract. They are fully a part of this contract as if repeated herein verbatim. 7. ~?he contractor shall ind~~nify the Board from and against arlY and all claims, demands, actions, proceedings, damages, liabilities, costs and expenses, including attorney fees, arisising out of, connected with, or resulting from this Agreement. 8. !'he 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. 9. 'I'he contractor agrees to supply the County with a photograph of the corrected aid to navigation 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 completed project. Page 2 10. 'rhe contractor understands and agrees that no payment will forthcoming for this project without required photographs and written certification of completion. 11. The contractor understands and agrees that receipt of Notice to Proceed from the County does not relieve his responsibilities to obtain any appropriate permits. The contractoJt:'" must inform and advise the appropriate permitting authorities prior to the replacement or repair to the channel marker. 12. ~['he work must be completed by DeceJDber 15. 1994 13. !)ue 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 enviro~~ent. 14. The contractor will provide General Liability insurance in the amount of $ 300,000 , Workers Compensati.on Insurance as required by Chapter 440, Florida Statutes and Federal Jones Act (46 U.S.C.A. subsection 688) with limits not~ less than those specified for Employer's Liability, Watercraft. Liability in the amount of $ 500,000 , and automobile~ insurance in the amount of $ 100,000 15. T'he 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. Page 3 The Board shall pay the contractor the percentage of the contract sum which is proportional to the amount of work performed by the contractor in a manner that is satisfactory to the Board up to the date the contractor received notice of termina ti~:>n. IN w:rTNESS WHEREOF the parties hereto ha ve execu ted this agreement the day and year first written above. (Seal) Attest: 7~-;~-. Witness A0fD~/c. Firm BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: (Seal) Attest: DANNY L. XOLEAGE. CIm ~~P~~.J Clerk rE~w /"".: ! () Iv ~:5 _-> Q"1 Page 4 ATTACBKERT A SHAPE.: SEVENTH CO~ST GUARD DISTRICT PRIVATE AIDS TO NAVIGATION STANDARDS #~ DAYBEACONS (UNLIGHTED BEACONS) AND LIGHTS (LIGHTED BEACONS}. Dayboards on lights have the same shapes as those on daYbeacons. Starboard ~and dayboards have a triangular shape. Port hand dayboards ha~ a square shape. COLOR OF DAYBOARDS: Safe water dayboards have an octagonal shape. - \ Starboard hand, triangular daYboard~ are red. Port hand, square dayboards are. green. Safe water, octagonal dayboards are red on the right half and white on the left half. see "RETROREFLECTIVE MATERIALS" for colors of letters and border~; . CHARACTERS: See "PIMENSIONS" for the correct size and distance from base or lower apex of the daYboard. . , ...... .~1l. '" _ __ ..~.-.. ____ Red starboard hand triangular dayhoards have even numbers. Green port hand square daYboards have odd nUlllbers. Safe water daYboards are not numbered but.may be lettered for identification purposes. Letters should be sized and placed in the same way as numbers. However, letters on safe water daYboards should be centered in the red, right half. . FLUORESCENT AND RETROREFLECTIVE MATERIALS: Fluorescent background material and retroreflective numbers, letters, and borders, although oPtional, should be used on dayboards. Retroreflective numbers, letter, and borders should be the same color but a contrasting darker shade) as the background material; alternatively, numbers and letters may be white. The signal characteristics of paint are relatively poor, but Use of paint is not: prohibited. If paint is used, then numbers and letters are white. o IMENS I~: OAYBOARDS: The minimum acceptable dl..nslons ere for e ncalnal range of 1/2 nautleel mil. (nm,). Applicants mey e'tabllsh larger alze, If ~hey wlah. Optional fluorescent background and retroreflectl"~nUftlbers, letters, and borders ere encouraged. All dl..n,lons are In InChes. N)M I HAl fW(;E ( n. I ) TYPE SIZE o AY80AR) .. HUK3ER/ LETTER SIZE (5'ngl.) (double) OISTAN~ DAYBONt> BASE TO NUfEER BASE (single) (doubl.) RElROREflECT I VE ~ER SIZE (optional' PORT tW() 1/2 Square side length-18 8 6 5 4 1.5 \ Square side length-36 12 12 12 12 2 2 Squere side l.ngth-~8 16 16 16 16 3 3 Square side .ength-72 24 24 2-i 24 4 Sf AASOAAO HAND 1/2 Trlengle "lg"1"-24 a 6 5 4 1.5 "Idth- -24 Tr'efigie Mlg"t-~8 12 12 10 7 2 " I dt"- -48 2 Trlengl. ""ght-72 16 16 16 12 3 .Idt"- -72 3 Trlangl. M'ght-96 24 24 20 14 .. wlelth. -t6 -- -......-- --- .-.. - ..... ".-- ... .. -. ..... ...'" SAfE WATER 1 Octogon "'ght..-Ca 12 . 21... 21... J .Ielt"-. -ca side '-8th-2O ~ Ocfogoft .., GI\1"-96 16 12 C2--- C~.. 6 " 'cltf\<<. -96 s I de I engtb~O . Itldt". .t bese of the tr IMt'. . .. .fdth/hefght froc aIde ~o the opposIte .'de ... Olstonce frOlll ~he lower .pex to the lett.,. baa (DIM~t{SImf~ Continued) STRU~URES: There are not required dimensions" materials, fastenings, or designs for structures Supporting dayboards and associated lights. No particular height above mean high water is manda.ted. Permitees should insure all aids to navigation are established consistent with prudent, sOund engineering practice and the harsh nature of the marine environment. The following sketches are for general reference and should be modified to suit the circumstances. LIGHTING EQUIPMENT ON LIGHTS (LIGHTED BEACONS):- _ \ COLOR: Lights on starboard hand lighted beacons are red. Lights On port hand lighted beacons are green. Lights On safe water beacons are white. LIGHT NOMINAL (VISUAL) RANGE: The minimum visual range of a light is One nautical mile. Depending on the circumstances a greater range may be permitted, required, or prOhibited. FLASH CHARACTERISTICS: Red and green flashing lights are laterally significant and Usually flash (light off longer ~an on)...regularly with a . .--. ~frequency. of not .more than 30 flashes per minute. When special caution is necessary, such as sharp turns, obs't%1lctions, wrecJcs, etc., quick flashing lights (60 flashes per minute) Ilay be used. White lights on safe water beacons flash in a Horse Code "A" rhythm (Short-long flaSh). , , ~ED D~IOOS These are gelX'ral recOlliendations and may be adapted to 6feCific circunstances. They should also be modified as necessary to meet the requirem?nWs of prlrlent 60und engineering practice am the demands of the marine enviro~nt. @ ! .:-0. · .......-. _.~ _. .e_ _ . _ _ .~ DAY~ tttwL1t-a ..... 1$-, fII f \. ; ~ 1IL. ~. " '- f.~ . M!, Lt-: ...t'.~ '1U.f. 1ft II:)T& 2 , . .. " .. ''-I.~T ITC., .=-c PfLe rre,11 LI: -I. ... " ." 1(\ .... _'t" ,... (0",..1...,) '-J If\ S;~E V!EW 0 ~ .-=---". L"_~ .JC!l__ I I 'c ... . ., U :~ f~ i a I MATERIAL LIST Item Ouentltv ~ferlels : Size l"-I ~~ 6061 Aluminum el.oy bo.'s~ nuts, & weshers 1/2- X 22" ll'-2 1 (Op1 I on8 I ) Concre~restresed I._~t" es r~u'red IO~ X 10" II t-~ 2 ~_boord SIze es needed II I-~ 2 __60_~! -~,-u"'-~~~"'-~_bol1!.c!~~~~_& "e~~ ~ 1/2" X 1~ fC ---- ---------- II 1-5 1 -------~___~~! _J~~_~~~ure 1 r 01)1 ed ,__~_~1 h os reQu Ireo 12" die. No1~ I: A II l) I um I ""'" ""J 11!. ....... 1 "n og ,oI16<l !. 1 h"<l", <l!. f 0' Inhf I ne us e . N(} 1 4t 7: 'J I ,... ( '1 ,. ~I . . r I.... f' If.., _ I " . Port #~ r r 11- J411111 3# .r .. - PORT AND STARBOARD MARKERS (nominal range, 1 nmi) 2U GREEN . (OPTIONAL RETROREFLECTIVE) BORDER 12#1 GREEN (OPTIONAL RETROREFLECTIVE) NUMBER GREEN 2" REO (OPTIONAL (OPTIONAL RETROREFLECtrvE) FLUORESCENT BORDER F ILK) Starboard RED (n,,_y Of'!':. !":. "-.'! ~!';~r;u,. } J. LI1J 12" REO (OPTIONAL RETROREFLECTIVE) -NUMBER 4# ~l -4# 2-. GREEN (OPTIONAL RETROREFLECTIVE) BORDER :~ GREEN (OPTIONAL .. 1 FLOORESCENT FILftJ I k r GREEN ~bPTIONAL RETROREFLE~IVEJ ., NUKBERS . ~( (It ~ -. , (, t ? n Uft,f' r (jl 1 ~" . 1 n I J I I( , \ 1 . U 'j (1 2" RED (OPTIONAL RETROREFLECTIVE) BORDER REO (OPTIONAL f-:"" l' (\" ESCFNT ~lLfi) 12-' REO (OPTIONAL RETROREFLECTIVEJ NUMBERS 41# . -~'_.- --~. 0.. J ___ . ...::.-z... .;;.:..) ., , ~ 4' "If l?" r1lJflllH'rs at a 'Icight of 12" off basf'. f I ,. , j f "'. f {.,' ;:\ 1 .~ , " : .... ( ,( , . , SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES TIllS FORM jMUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AlJTHORIZED TO ADMINISTER OATHS. /7Z~eJe ~CUq.,Ly (print name of the public lntityJ I. This sworn statement is submitted to by r-J;,y for (print individual's na e and title] ,A-:>A.:r /7l/l"~/~F" ~~~~r>~~~/ (print name of entity submitting sworn statement] whose business address is -7-::>' 0 · c ?2; ~ .{ -r;i v~/Y/€-R I and (if applicable) its Federal Employer Identification Number (FEIN) is...5"9 - ^~ ::::35C l ~y rA-, 33C)/{J (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: .) 2. I understand tbat a "public entity crime" as defined in Paragraph 287.133(I)(g), Florida Statutes. means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or polU.icat subdivision of any other state or oftbe United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision ~f any other state or of the United States and involving antitrust, fraud,.theft, bribery, collusion, racketeerint, conspiracy, or material misrepresentation. 3. I understand that"convicted" or "conviction" as defined in Paragraph 287.133(I)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any Cederal or state trial court of record, relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I undelrstand that an "affiliate" as defined in Paragraph 287.133(I)(a), Florida Statutes, means: I. A plredecessor or successor of a person convicted oC a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. S. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of tile United States with the legal power to enter into a bindin~ contract and which hids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in mana2E~ment of an entity. 6. Based on infor-mation and hclicf, the statement which I have mar-ked helow is tr-ue in r-elation to the entity suhmiUing this sworn statement. (Indicate which statement applies.) x~ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has heen charged with and convicted of a public entity crime subsequent to July 1, 1989. - The entity submitting this sworn statement, nor any of its officers, directors, exectutives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor an amliatl: of the entity has heen charged with and convicted of a public entity crime subsequent to July 1, 1989. - 'fhe entity suhmitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entiity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has be(~n a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order) I UNDERST AN.D THA TTHE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED ON PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONL Y AND, THAT THIS FORM: IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND' THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGOJRY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Sworn to and subscribed before me this S- day of /1 ,19 7'L/. ~X~~ Personally known ~ OR Produced identification Notary Public - State of r ~ -r ftotary Puhlic, State of Floridcl ._ . fir Commissiol1 Expires March 24, 1995' toPeI.d Thflll Tro~ fain · In.",ance,lnc. My Commission expires C/e.-r;,." ~ /S..4,.y~d (Printed typed or stamped commissioned name of notary public) (Type of identification) Form PUR 7068 (Rev. 06/11/92) SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE . p/I77A~~~ ~~~ ~~,~e warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract" without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the Date: or employee. STATE OE~ r~ 4"rRt?e COUNTY ()F Subscribed and sworn to (or affirmed) before me on /1-5-7~ fi f ;::771'~/ ---r" ( ( He/~;he is personally klJ.Q1-l!! to me or has produced --- -- ---- ~ (date) by (name of affiant). -........ as identification. (type of identifi~ion) " ~tary Pulstie, Stat. of norflt ,,_ Mr Comlmission Expires March 24, 1995' ..de4 1Iw fror foia -lAIurance Inc. _ NOTARY PUBLIC MCPff 4 RE:V. 2/92 DRUG-FREE WORKPLACE FORM The tlndersigned vendor i.ll acC()rdallCe wi tll Florida Stattlte 287.087 hereby certifies 4 _._.-.- _H..H. .~~~:e.~.iB~;::~tr ~~#'r?J~~~~ 1. Pllblis}l a statemellt 110tifying elnployees tllat tIle \lnlawflll manllfact\lre, distrib\ltion, di.spensin9, possessiOll, or use of a controllecl substance is prollibi ted in tile workplace and speci fyi n~J the acti OIlS tha t wi 11 be talten agai net employees for violatiol1f3 of stIch prohibi tion. 2. Infc)rm employees abO\lt tIle dangers of dr\lg abtlSe in the workplace~, tIle b\lSil1ess's policy of malntaining a drtlg-free workpl ace ~' any ava i 1 ab le dr\lg COllnse 1 i 11g, rellabi 1 i ta ti on, and employee (~ssi staIlce programs, atld the pena 1 ti es tha t may be . imposed ttl)on employees for dr\tg ab\lSe violations. 3. GivE~ eacIl employee el1gaged ill providil1g tIle commodi ties or contractual services that are tinder bid a copy of the statement specified in subsection (1). 4. I n the eta temetlt spec i fied ill Stlbsectiorl (1), not! iy the employees tllat, as a condi tioll of working on tIle commodi ties or contractual services that are tInder 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 11010 contendere to, any violation of Chapter 893 (Florida statutes) or of any controlled Stlbstance law of the Uni ted states or allY state, for a violation occ\lring in the workplace 110 later tllall five (5) days after such convictio~n . 5 . Imp,ose a saneti on on, or req\.l i re tIle sa t.t sfactory partie! pa ti on in a dr\lg abllse assi stallce or rellabi 1 i ta tion program if stlC)l is ava! labIe ill the employee's COmm\llli ty, or any employee who is so convicted. 6. Malte a good fai t}l effort to COlltitllle to mair1tain a drug- free workpl ace tlll"otlg11 implemen ta ti Otl of tlli s secti on. As the perSOll atltllor i zed this firm compiie's f\tlly to aigl1 tIle statetnerl , I certify tllat wi. tll t11e/Za. v e l.-e...q., .. "emetlts. I /~././A ~. '..AJ~Jl/c BitdWel'~Hgn~tu -~- .. .. l~a9t{ Date /- MCPtt5 REV. 6/91 NON-COLLUSION AFFIDAVIT I,' ~( d~ ,(7 N /<) of c-:~/+I F~/~5 , of the ..e-ity- C:GCOrding to law on my oath, and of under penalty of perjury, depose and ~ay that~/-/-7I"/1C"";:::::?~ 1) I am A?R?- ~?'/~~ , the bi er making the Proposal for the project described as follows: . 2) the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3) unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclo~ed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competi tOl~; and 4) no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5) the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contra~ts for. said project. STATE OF rA- ~rr/<;;e COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, ~~" c:j'5I'~ . / I~I who, after flrst being sworn by me, (name 0- individual igning) affixed ~ his/her signature in the space provided.a)ove on this day of 4ve:-4?bF'71 ' 19 90/'. ~ /'--~~ ' /1, L~ NOTARY PUBLIC ~n/"" /< ~tY('O My commission expires: ~..., ""'e !Jef, e' Wortel'-"""":. .... ,... Notary ljubH(~ Stdfe;'Q~ lh;i4'~t ,., Commissictn Expires March 24, 199t Ionded Thru Troy Foin . Insurance Inee