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DV091118CONTRACT AGREEMENT AGREEMENT, MADE THISday of r l I 1993, by and between, Spirit Marine Towing & ("Contractor"), and the BOARD OF COUNTY Assistance 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 and legal disposal of Florida Marine Patrol marked Derelict Vessel #DV091 118 attached as Exhibit A. 2. The work to be performed under the contract shall commence immediately from the date the Liaison provides the Notice to Proceed and shall be completed within 30 days of that date. 3. If the Notice to Proceed has not been given by the Liaison to the contractor on or before the April 28, 1993 then this Agreement shall be null and void. 4. The work to be performed under the contract is contingent upon receipt of appropriate grant monies from the State Department of Natural Resources, Boating Improvement Program. If this grant is denied, this Agreement shall be null and void. The contractor understands the rules of the Department of Natural Resources 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 letter of the Specifications are understood by the contractor. i -� J DV Contract --Page 1 5. The Board shall pay the contractor the total sum of $1400.00 for the removal of this derelict vessel listed as exhibit A. If this vessel is missing or has been previously removed by others. The contract amount shall be null and void. Payment for the work shall be upon completion by the contractor and acceptance by the Board, subject to the terms and conditions of the Specifications (attached as Exhibit B) and this contract. 6. The attached Specifications, Plans, and other documents together with this Agreement, form the contract. They are fully a part of this contract as if repeated herein verbatim. 7. The contractor shall indemnify the Board from and against any and all claims, demands, actions, proceedings, damages, liabilities, costs and expenses, including attorney fees, arising out of, connected with, or resulting form this Agreement. 8. The contractor acknowledges his/her intention to comply with the need to coordinate all work with the appropriate environmental agencies, the Florida Marine Patrol, and the County. 9. The contractor understands and agrees that no payment will be forthcoming for the removal 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 for the removal of the subject vessel has not been obtained from a Florida Marine Patrol Officer and/or a representative of Monroe County stationed at the landfill at the time of delivery. 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. The contractor must inform and advise the appropriate permitting authorities prior to the removal of any derelict vessel and obtain clearance. The contractor agrees that no environmental damage will be done. DV Contract --Page 2 1 1. The contractor understands that he is to remove only the derelict vessel that is a part of this contract, transport same to landfill, and offload under the direction of the landfill staff so as to cross the scales and be placed at the location on the landfill property where directed by landfill staff. 12. The work must be completed by April 30, 1993. Since the work involves the removal of derelict vessels, which are frequently point sources of petroleum and other types of harmful chemical pollution, the parties agree that timely performance of this agreement is essential in order to prevent further environmental damage and consequent restoration costs. Therefore, the parties agree that the contractor shall be liable to the Board for $100 per day of liquidated damages for each day after April 30, 1993 that any of 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. 14. 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. 15. The Contractor will provide general liability insurance in the amount of $500,000, workers compensation as required by Chapter 440, Florida Statutes, vessel insurance in the amount of $1,000,000, automobile insurance in the amount of $300,000, and pollution insurance in the amount of 500,000. DV Contract --Page 3 16. The Board may terminate this agreement with or without cause at anytime upon giving the contractor up to 10 days notice in writing. Upon receipt of this termination notice all work must cease. 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 satisfactory to the Board up to the date the contractor received notice of termination. IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first written above. BY: Title (Seal) Firm Attest: Witness p Witness BOARD OF UNTY COMMISSIONERS OF MONRO NTY, F ORIDA BY: vf� (Seal) Mayor/Chairman aAttest: �j� V ql4tt C. �CSd�J Clerk AN DV Contract --Page 4 ................................................................................................................................................................................................................................................................................. ..2. 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M 1-1— L o ! .2 �u Officer's) Reporting (please print �Z4 Officer's Signature N Reviewed By: a ewer's Signature i 10 cNumber Date Arrested OBTS Number Original ❑ 0 Supplement ❑ DNR 20-045A FMP (6/91) Page 2 of 3 to �� o� _ � J � � �•k �u v� o ��v „ • _ � m y ��y� ��;�i'" �' •' `�= c ! ,, .. o+ to taaa4 J R �' n N °o N r O O V' i e► In �j'Py O v'Ul a .. N W m Wa J \ N. O1 m J N m m m to to a Q i � v 9 + ~ a m m �# J oo M A m m 10 OD u� r T ..•O O n J Op < V 1 0QOO-474CO '! o Q f m m 10 rnz y u � o� ' \m 9 rl,� ti I�IJI/y J..•t " ooO r IJj i _ v O7� m m CD 1 f // v `•`'m 9 v... R O1 v � m m .• O� to C m �1qNIn mn YO J �x to �• � J n r �' ° n i. a, 1 0 •.. m ` o `r/ _. �' m � `` o � ii � t•, . z � J m � � I \ \ \ 1 tom m co iv to .n a 1� s +,,.,,,.• (�'t1�� m o m / co m n •' N N O+ n at _ CA \ �r n w < i Ln LA Ln _ w to �.. :- •` , cA to 3 y N m O_ = Q '>• r � v N IA V = N ;a. O r — 11 — i.°t`•,��e.• m to SOL L 00 m ;f fr w r a° Ot � `� eye.,' ; • '•. v ,p 71 { IN) O N dro/zv ► O • ,� — t'• N w `t tJl • m ,y 1 1 tA o to 4.' ,�' C 3 r,_,•..-� ;» — to i _ - _ \s " SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to D DvI /L O 1 G Ole k T p _ (print name of the public entity] by 10 / d Al I /M 07.E fY F /L [print individ al's name and title] for S //Z / 2- 7—"y 2 " G [print name of entity submitting sworn statement] whose business address is P d IS a 2-V /p{ Z `/FeL and (if applicable) its Federal Employer Identification Number (FEIN) is. �— (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: .) 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(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 political subdivision of any other state or of the 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 of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(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 federal 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 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes. means: 1. A predecessor or successor of a person convicted of 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 a 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 conside-red an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means aay natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids 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 management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [indicate which statement applies.] ✓ 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 been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting 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 entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting 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 entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been 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 UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY 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 CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. STATE OF COUNTY OF Z� [signature] . 3 -,OZ! ' -3 [date] PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her signature [name of individual signing] in the space provided above on this y day of -3 . 19 93 NOTARY PUBLIC My commission expires: Motary Public, Stale of Florfefar _— My Coen:'a"Sion Expire; Merch 24 r 80nded Thru Troy Fain .Insurance Inc. Form PUR 7068 (Rev. 04/10/91) NON -COLLUSION AFFIDAVIT I , b/ / `�/ 'l d , 4r-- `y of 411M /lpI) 1-6-5 1/ according to law on my oath, and under penalty of perjury, depose and say that; 1) I am_T j I l r0 lri /Al 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 or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3) unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4) no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5) the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, who, (name of individual signing) affixed his/her signature day of My commission expires: Signature of Bidder) DATE the undersigned authority, after first being sworn by me, in the space provided above on this , 19 5Z3. OTAR�YP U B. L�I CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY) 3/26/93 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Br1SOtt] & Silkworth Inc. DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Main Road, Box 1448 Mattituck, NY 11952 COMPANIES AFFORDING COVERAGE COMPANY A LETTER New Hampshire Group COMPANY B INSURED LETTER Spirit Marine Towing & Assistance 1501 W. Indies Drive COMPANYC LETTER 1 - Ramrod Key, COMPANY FL 33043 LETTER COMPANY E - LETTER COVERAGES 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 TYPE OF INSURANCE POLICY NUMBER TR POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DD/YY) DATE (MM/DD/YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE s n / a COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. s n / a CLAIMS MADE OCCUR. CV8261122 1/l/93 1/ 1/ 9 4 PERSONAL & ADV. INJURY s n/ a, OWNER'S & CONTRACTOR'S PROT. Cert 25 EACH OCCURRENCE $ 1 , 000 , 000 A X Protection & FIRE DAMAGE (Any one fire) s n / a Indemnity includes Captain & Crew MED. EXPENSE (Any one person) s n/a AUTOMOBILE LIABILITY COMBINED SINGLE ANY AUTO LIMIT $ ALL OWNED AUTOS n / a BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS ILY INJURY $ NON -OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM n / a AGGREGATE $ OTHER THAN UMBRELLA FORM M WORKER'S COMPENSATION X STATUTORY LIMITS ,A JoneOD Act CV8261122 1/l/93 1/1/94 EACH ACCIDENT $ EMPLOYERS' LIABILITY C e r t 25 DISEASE —POLICY LIMIT $ DISEASE —EACH EMPLOYEE $ j OTHER A Pollution Liability CV8261122 1/l/93 1/l/94 Limit $500,000. __--_._..._.._.____...__ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Monroe County, Florida and Monroe County Board of :County Commissioners are named as Additional Insured with respect to the Protection & Indemnity and Pollution liability coverages. CERTIFICATE HOLDER CANCELLATION Monroe County Board of County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Commissioners,c/o Extension Service EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO Attn : Kim Blanco MAIL 4 5_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 5100 Collage Road LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Key West, FL 33040 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Daniel V Brisott ACORD 25-S (7/90) CORPORATION 1990 Certificate of Iasuraltcc b10NROE COUNTY In tenJdre.don *(the pretsiu— ctWted ott the Imuru Pollckr tho.m In thh'e tdrlute, dtb « nirtote or Imwta t. Iteucd to dte ectlrs Lc holdee thou Delon, Tldt cettlrtnte does not wend, mwnJ or dvr the to.ere,e .nordaA by dtc polickr Ilsted bclov tacept u tltoem below, NAM9 AND ADDRESS OF INSURED: COMPANIES AFFORDTN . COV17MGM Duke H. Pontin Spirit Towing DBA Sea Tow Bankers & Shi s Florida Keys Comps^Y Otter A PO Box 244 - Big Pine Key, Key West, Fl 33043 CnmP—y I'ttrr B NAME AND ADDRESS OF AGENCY: Cum Pinny 1<ttcr C Professional Insurance Center, Inc. 2003 W. Kennedy Blvd. Company letter D TaITTpa, Florida 33606 ComP.ny I<tter E 111is is to certify that the insurance policies listed below have been issued to the insured and arc enforced at this time. It is agreed that none of thcsc _ politics will be cancelled or c6anged without providing 45 days written notice of such cancellation of change to htonroe County, Florida. I Co ILIILR ME CIE INSURANCE rCUCY NUMOER !OL EFF DAIT. rOL LIXF DAIT' ALL Uhtn'S IN TIOUSANDS General liability General Aggregate S O Commercial General liability ProductsComp/Ops $ O Claims Made ❑ Occurcncc Aggregate ❑ Owncr's & Contractors Protective rgonal & Advertising S Ury O X.C.U. Coverages L� — inch Occurrence $ O Broad Form Property Damage Fire Damage (A,ty one Fire) S ❑ Independent Contractors Medical Expense f a O Blanket Contractual (Any one ►rt.o^) i Automobile liability Bodily BodY Injury ` s ❑ Any Auto (Lich Person) $ O All Owned Autos (Each Accident) S A N Scheduled Autos CFLO117819 10-29-9 4-29-92 Property Damage f Bodily Injury and Property Hired Autos $ 300 Damage Combined Non -Owned Autos - Mccss liability Dodily Injury and i $ ❑ Umbrella Form Property Damage ❑ Other than Umbrella Form Combined O Claims hladc O Occurrence Workers' Compensation and u'o:kcrs' Compens-nion f Statutory Employers' liability Employers' liability f Other r ,l 1 Comments: Monroe County, Florida, and Monroe County hoard of County Commissioners are named as additional insureds with respect to the General liability, Vehicle liability, and 13ccess Lability Policies. 4 Itr «tI AYiwt .r CrtfaY lt.Y.r, Monroe County 5100 Collcgc Road Kcy Wcst, FL 33040-4399 Date Issued: February 19 Authorized Aen�C,cutauvK Address: 1U i W anma, Fl 33606 Telephone: 81 251-4900 FAX: (813) 253-2676 24 Hr. Service MARINE TOWING & ASSISTANCE Our Experience will save you Time and Money March 26,1993 Office of: Monroe Cooperative Extension Service Kim Blanco 5100 Jr. College Road Key West, Fla. 33040 This is an affidavit stating that we have not secured payment of workers compensation under chapter F.S. 440.055. for our employees of which we have less than four. Our employees have received written notice to this affect. Sincerely, Duke Pontin VHF Ch. 16 dq3 31 DUKE PONTIN *P.O. Box 244 *Big Pine Key, Florida 33043 (305) 872-2752 DERELICT VESSEL REMOVAL CONTRACT SPECIFICATIONS FOR MONROE COUNTY, FLORIDA 1. INTENT: It is intended that these specifications shall cover all aspects of the work with explicit provisions. The purpose of this section is to provide specific coverage for conditions applicable to this contract, where such coverage is not provided for in other portions of the contract documents. 2. BID FORMAT: THE BID MUST BE SUBMITTED ON THE BID RESPONSE FORM ENCLOSED IN THIS PACKAGE. A dollar amount per foot must be submitted -for the - removal of all derelict vessels on the primary list for which a Florida Marine Patrol Derelict Vessel Report is provided. Any deviation from this format will result in an unaccepted bid. A Contract will not be granted on the basis of combined, related, linked, or discounted bids. 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 sections 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 disposition by the Contractor. The County has a limited amount of money to effect the removal of these abandoned vessels. We have established priorities based on public safety, navigation and traffic hazards, and environmental considerations. If bids exceed the County's resources for removal based on these considerations, we shall limit vessel removal based on these 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 forthcoming to the Contractor for that vessel. Those four conditions must be met on each derelict vessel along with compliance with all laws and permits for payment to be made. It is understood that the Contractor has, by personal examination and inquiry, if necessary, satisfied himself as to the 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 or omissions are discovered, they are DV Specs --Page 1 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. A Contractor should take special care to remove only those derelict vessel's on his contract and for which he possessed a Florida Marine Patrol Derelict Vessel Report. Other derelict vessel's 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 Monroe County Administrator of the derelict'vessel program, and the contractor. This will be applicable when a contracted derelict vessel can not be located. No derelict vessel may be replaced and removed without the two 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 surrounding the vessel. 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 arrangements 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. Prior to delivery of derelict vessels to the disposal site, the Contractor must remove all oil, gas and metal (including 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 those firms will be supplied by the Monroe County Environmental Management Department. Metal becomes the property of the Contractor. In those cases where a derelict vessel number can not be found, i.e. derelict vessel is underwater, the Contractor shall provide marine transportation to the site for the County DV Specs --Page 2 representative to verify the vessel and location using the original Derelict Vessel Report from the Florida Marine Patrol. 6. MATERIALS 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 Prework 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 contravention of applicable law. The Contractor shall store materials and shall be responsible for and shall maintain partly or wholly finished work during the continuance of the Contract and until the final acceptance. If any materials or part of the work become lost, damaged, or destroyed by any cause or means whatsoever, the Contractor shall satisfactorily 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 discouraged in carrying out the project. No blasting with explosives shall be done except under prior approval by the County and as permitted by all relevant government agencies such as the Department of Natural Resources, Department of Environmental Regulation, U. S. Army Corps of Engineers, U.S. Fish and Wildlife Service and the U. S. Coast Guard. When the use of explosives is approved the Contractor shall use the utmost care so as not to endanger life or property, and whenever directed the number and size of the charges shall be reduced. All explosives shall be marked clearly "DANGEROUS EXPLOSIVES", and shall be in the care of complete watchman. The Contractor shall secure the proper competent watchmen. The Contractor shall assume all responsibility for damages caused by explosives. 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 monies 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 subcontractor, as he is for the acts and omissions of persons directly employed by him. DV Specs --Page 3 Nothing contained in the Contract Documents shall create any contractual relations between any subcontractor and the County. All 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 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. 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. Consideration should be given at all times to the welfare of the public. Offloading sites (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 may result from removal of any contracted derelict vessels. 9. INSURANCE: The Contractor must obtain all 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 (3) days written advance notice to Monroe County, c/o the Director of the Risk Management Division. a. Worker's Compensation Insurance as required by Chapter 440, Florida Statutes. DV Specs --Page 4 b. General Liability Insurance on a comprehensive basis, in an amount not less than $500,000.00 per occurrence for Bodily Injury and Property Damage combined, to include contractual liability. C. Pollution Liability Insurance in the amount of $500,000.00. d. Water Craft Liability Insurance in the amount of $1,000,000.00. e. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the work, in an amount not less than $300,000.00 per occurrence for Bodily Injury and Property Damage combined. All insurance policies required above shall be issued by companies authorized to do business under the laws of the Sate of Florida. A Monroe County Insurance Checklist and Monroe County Certificate of Insurance is enclosed for your convenience. 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 with Contract Work" officially authorizing the Contractor to commence. The Contractor shall commence work on said date. If the Contractor should be delayed in the progress of the work included in the Contract by unforeseeable causes beyond his control, the time for the completion of the work may be extended upon agreement of the County representative. Requests for 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 time to permit it to be acted upon before the Contract expiration date. To allow sufficient time for 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. Liquidated damages resulting from factors beyond the control of the Contractor which occur too late to allow time for action by the Board of County Commissioners approving a time extension may be waived by the County Commission. Such waiver shall be granted only when the County representative determines that the delay is beyond the control of the Contractor, and in this event the Contractor shall not be charged with liquidated damages or any excess cost when the delay in the completion of the work is due: a. To any duly issued order by the County or the State Department of Natural Resources changing the Contractor's approved work schedule; b. To unforeseeable cause beyond the control and without the fault or negligence of the Contractor. c. To any delays of subcontractors or suppliers occasioned by any of the causes specified in subparagraphs (a) and (b) above. DV Specs --Page 5 Provided further that the Contractor shall within ten (10) days from the beginning of such delay notify the County, in writing, of the causes of the delay. The County representative will ascertain the facts and the extent of the delay and notify the Contractor within a reasonable time of his decision in the matter. 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 arising from non -completion of work within the time limit, but all 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 judgement of inspectors, 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 this case. 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 during and after termination of the contract. 13. CONTRACT AWARD: The County reserves the right to evaluate the submitted bids to award a contract to the bidders 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. DV Specs --Page 6 The vessels are to be removed in the order listed and the per foot bid estimate should reflect this removal order. 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 agrees to execute and deliver simultaneously with the executed contract, a Contractor's Performance and Payment Bond. 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 DOCUMENTS: 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 any necessary bond and insurance within TEN WORKING DAYS. With the Contractor's cooperation, if this period can be reduced, it will assist in acceleration the 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 reason, 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 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 on the effective date of the Notice to Proceed 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. 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. DV Specs --Page 7 If the Contractor fails to begin the work under contract within the time specified, or fails to perform the work with sufficient workmen and equipment or with sufficient materials to insure the prompt completion of said work, or shall perform the work unsuitably or cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution of the work, or commit any act of bankruptcy or insolvency, or allow any final judgement to stand against him unsatisfied for a period of 48 hours, or shall make an assignment for the benefit of creditors or from any other cause whatsoever shall not carry on the work in an acceptable manner, the County may give notice in writing to the Contractor. If the Contractor, within the period specified in such notice, does not proceed in accordance therewith, then the County shall have full power and authority, without violating the -Contract to take the prosecution of the work out of the hands of said Contractor, to appropriate or use any or all materials and equipment as may be suitable and acceptable, and may enter into an agreement for the completion of said Contract according to the terms and provisions thereof, or use such other methods as shall be required for completion of said contract in an acceptable manner. 19. FINAL CLEAN-UP: Upon completion of the work specified herein and before acceptance and final payment shall be made, the Contractor shall remove from the sites all machinery, equipment, surplus and discarded materials and temporary structures. All disposal of materials, rubbish and debris shall be made at a legal disposal site. 20. DISPOSAL SITES AND FEES: 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 vessel to the disposal site, where staff must be able to verify the derelict by its Florida Marine Patrol derelict vessel number or by some other means. It is the intent of this contract to remove derelict vessels from their present sites a legal disposal site. A legal disposal site is either the Long Key Landfill -Monroe County, MM 68 1 /2, Long Key, Florida 33001, 305-664-9315, other landfills in neighboring counties or any other location for disposal as long as the FDNR Disposition Certification Form (attached) is fully documented. If a signature cannot be obtained on Florida Department of Natural Resources Disposition Certification, the Contractor must contact County Representative for written approval and instructions. 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, title, and signature of person at disposal site verifying delivery of said derelict vessel. A County Disposition Affidavit is also required to be signed by the Contractor. If vessel is not identifiable and/or if the derelict vessel number is not visible. Recipient of debri should provide detailed receipt showing type and description of debri received. If person delivering vessel to disposal site is other than contractor a written DV Specs --Page 8 statement with a description of what type of debri was transported, dates, times, name, address, and phone number of site. 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 location of disposal (i.e., building or sign identifying disposal site). The derelict vessel number, when present, must appear in all photographs. --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 camera and film must be provided by the Contractor. The photos must be submitted on a vessel by vessel basis according to removal schedule. Without photos 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 prework 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. Contractor may request a single partial payment 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 payment. Contractor must submit complete documentation, including the required photographs, disposal receipts, signed DNR Disposition Certification form, a County Disposition Affidavit 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 (1) 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. A Florida Marine Patrol officer must certify the complete removal of each derelict vessel from its location and any equipment that may have been used to remove the vessel. No payment will be made without the Florida Marine Patrol verification. In addition, property, public or private, if damaged during the work or removed for the convenience of the work, shall be repaired or replaced at the expense of the Contractor in a manner acceptable to the County and the Owner, prior to final payment for contracted work. DV Specs --Page 9 23. PUBLIC ENTITY CRIMES: Upon entering into the contract, the Contractor agrees to sign and endorse the Public Entity Crimes form (attached). 24. NON -COLLUSION AFFIDAVIT• Upon entering into the contract, the Contractor agrees to sign and endorse the Non -Collusion Affidavit form (attached). 25. DERELICT VESSELS AT ISSUE: The derelict vessels listed on the Derelict Vessel Bid Response Form shall be removed and disposed of by the Contractor in accordance with the provisions of these Specifications. H:\A\BIF-DV\DV-1993\SPECS.NEW DV Specs --Page 10