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Aids to Navigation, Sugarloaf Sound4 CONTRACT AGREEMENT AGREEMENT, MADE THIS d-34- day of _ NDJ e e,r" 1994, by and between, Spirit Marine Towing & ("Contractor"), and the BOARD OF COUNTY COMMISSIONERS OF Assistance 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 installation of aids to navigation in Sugarloaf Sound. A list of aids to navigation and installation specifications under this contract is attached. 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 by January 31, . 1994. 3. If the Notice to Proceed has not been given by the Liaison to the contractor on or before the 24tittay of November ,1994, then this Agreement shall be null and void. 4. The work to be performed under the contract is contingent upon approval of appropriate grant monies from the State Department of Environmental Protection, Boating Improvement Fund�kf:tis grant is cWied, this T' Agreement shall be null and void. The contractor understands the rules of the Department Qf Environmental z: 00 Protection and shall comply with said rules, along with the rules and procedures instoted by theaBoarc =to ensure an orderly progress to the project. Both the intent and the letter of the Specific"ons are ­derstood by the contractor. 5. The Board shall pay the contractor the total sum of $38,400.00 for the installation of all 32 aids to navigation and associated signage listed in exhibit A. 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 and this contract. One partial payment will be allowed during the contract period. A final payment will be made when all of the work under the contract is complete. 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. Contract --Page 1 r 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 from 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 agrees to supply the County with two (2) photographs of each completed aid to navigation listed in this contract. The contractor will be responsible for the camera, film, and development costs. 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 initiation of work. 11. The parties agree that timely performance of this agreement is essential. Therefore, the parties agree that the contractor shall be liable to the Board for $100 per day of liquidated damages for each day after January 31,1994 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. 12. 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. 13. The Contractor will provide general liability insurance in the amount of $300,000.00, workers compensation in the amount of $100,000.00, automobile insurance in the amount of $100,000.00, and Watercraft Liability in the amount of $500,000.00. 14. The Board may terminate this agreement with or without cause at anytime upon giving the contractor up to 10 days notice in writing. The contractor, upon receipt of the notice, shall immediately cease work. 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. Contract --Page 2 IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first written above. f BY: � J��, /_ 12tolAzgF-A Title (Seal) Firm Attest: Witness ✓O . Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COU T , FLORIDA- BYCZAA4.',+A)4A.A�� (Seal) M or/Chairman DA1�1NY L. I�OLHAGE, Gler�k Attest: Clerk Of PR ED A A" 1L Cy. ys U:;f Contract --Page 3 SPECIFICATIONS FOR THE INSTALLATION OF AIDS TO NAVIGATION IN UPPER SUGARLOAF SOUND, MONROE COUNTY, FLORIDA -t, Sealed bids will be received by the Board of County Commissioners, Monroe County, Key West, Florida. All bids will be opened at a meeting between the County Attorney, County Administrator, Clerk of Courts, and Community Services Director, or their representatives, for the above referenced project. Specifications for installation of treated wood piles complete with U.S. Coast Guard approved Daybeacons, in the locations indicated are in the enclosed materials (Attachment 1). A. DAYBEACON PILES: 1. Pile shall be of timber treated with chromated copper aresenate (C.C.A.). 2. Pile shall be of timber which will stand the driving for which they are intended. 3. A straight line drawn from the center of the butt to the center of the tip shall not at any point face further away from center of the pile than a distance equal to 1 % of the length of the pile. 4. Minimum butt diameter = 12" measured 3' from end. Minimum tip diameter = 8". 5. Piles to be sufficient length to provide a minimum of four feet penetration into existing sea floor and the base of the dayboards must be eight feet above mean high water. 6. Pile shall be driven or best installation practices used. 7. Piles shall be located exactly as indicated by the Monroe County Representative. Prior to pile installation the Contractor will enlist the aid of a local fishing guide from the Lower Sugarloaf Shores area to install temporary markers/buoys at the best locations along the route in accordance with the approximate positions indicated in Attachment 1. The placement of piles in exact locations is important due to the shallowness of the area and the difficulty in following the proper route. The Contractor must coordinate the installation of these temporary markers with the County and accomodate a County representative to participate in and approve location of temporary markers. B. DAYBEACONS: Daybeacons to be constructed and erected as indicated on the enclosed sketches and documents. There are two dayboards per daybeacon. Construct all pilings and daybeacons as noted on enclosed Florida Department of Environmental Protection and U.S. Coast Guard permits and specifications (Attachment 2). There are 26 single piles. All numbered daybeacons (1-22) are gated (i.e., 1 with 2, 3 with 4, etc.). Daybeacons 2A-8A are along eastern side of dredged channel adjacent Sugarloaf Shores. 2. Three informational signs are to be affixed below the numbered dayboards on pilings of the following designated daybeacons. Each information sign is to be 3 feet square in Nay.Aids Specs. --Pagel dimension (see Attachment 2 (USCG Regulation and Information Supplement) for lettering and border details): One information sign per piling is required and it must face the center of thw;marked channel so it is perpendicular to the dayboard used to designate the channel boundary (see Attachment 3). Informational sign coloration requirements are black lettering on a white background with an orange reflective border 2" in width. Informational signs are placed below and perpendicular to the numbered dayboards. The contractor must consult with the County or its representative for guidance on this if any aspect of these specifications are in doubt. Three information signs (one each at the three entrances to the proposed route) will be installed on two pilings, be 4 by 6 foot in size and are to read: THE CONTROLLING CHANNEL DEPTH IS 2.0 FEET AT MEAN LOW WATER NAVIGATING THIS CHANNEL REQUIRES LOCAL KNOWLEDGE PROP -DREDGING IS ILLEGAL -MOTORS MAY NEED TO BE TILTED FOR SAFE PASSAGE BRIDGE VERTICAL CLEARANCE 7 FT. a. Sign Location: Adjacent green dayboard # 1 at Tarpon Creek.. Latitude: 24' 27' 53" North Longitude: 81' 30' 32" West b. Sign Location: Adjacent daymarker 8A near the subdivision. Latitude: 240 38' 19" North Longitude: 81' 33' 18" West C.. Sign Location: Adjacent channel entrance on north side of US 1 highway (Harris Gap Bridge). Latitude: 240 38' 57" North Longitude: 810 33' 36" West 2. The information signs referring to grassbeds will be located on the following daymarkers ( # 22, 8A, and 4) as a 3 by 3 foot sign. Piling locations: # 22 -- 24038' 53" N, 81033' 29" W # 8A -- 240 38' 20" N, 810 33' 17" W # 4 --- 240 37' 52" N, 810 31' 06" W The wording to be displayed is: GRASSBEDS--PLEASE USE CAUTION IF ENTERING AND EXITING CHANNEL 3. Staff gauges showing the depth of the channel, at mid -channel, are to be placed on all odd - numbered pilings in a manner that the gauge is clearly visible to boating traffic. The gauges are to be designed to encompass a full tidal range. Nay.Aids Specs.--Page2 ATTACHMENT 1 (3 Pages) LOCATION ANDoIDESCRIPTION OF SUGARLOAF SOUND PROPOSED AIDS TO NAVIGATION These a side markers (1-22) begin at Tarpon Creek and end at Highway US 1. All marker dayboards are to measure 24 inches to for both the square green dayboards and triangle red dayboards. All information signs are to be 3 feet by 3 feet in dimension. No. Depth Ht. Structure REMARKS or Ltr. POSITION of above type, color, and (SEE INSTRUCTIONS) water water height (7a) (7e) (70 (7h) (7i) (7J) 1 24037'50"N 81 °30'31 "W 4 ft 8 ft 12" dia. single Gated with No. 2. Staff gauge required. wooden pile 2 24037'52"N °30'31 "W 4 ft 8 ft 12" dia. single Triangle red dayboard. 81 wooden pile Gated with No. 1. 3 24037'48"N 81031'06"W 2.5 ft 8 ft 12" dia. single Square green dayboard. Information Sign: wooden pile GRASS BEDS PLEASE USE CAUTION IF ENTERING AND EXITING CHANNEL Gated with No. 4. Staff pauqe required. 4 24037'52"N °31'06"W 2.5 ft 8 ft 12" dia. single Triangle red dayboard. 81 wooden vile Gated with No. 3. 5 24037'53"N 3.5 ft 8 ft 12" dia. single Square green dayboard. 81031'24"W wooden pile Gated with No. 6. Staff gauge required. 6 24037'57"N 3.5 ft 8 ft 12" dia. single Triangle red dayboard. 81031'22"W wooden pile Gated with No. 5. 7 24038'11"N 2.5 ft 8 ft 12" dia. single Square green dayboard. 81031'41"W wooden pile Gated with No. 8. Staff gauge required. 8 24038'12"N 2.5 ft 8 ft 12" dia. single Triangle red dayboard. 81031'37"W wooden pile Gated with No. 7. 9 24038'18"N 2.5 ft 8 ft 12" dia. single Square green dayboard. 81031'54"W wooden pile Gated with No. 10. Staff gauge required. 10 24038'23"N 2.5 ft 8 ft 12" dia. single Triangle red dayboard. 81031'54"W wooden pile Gated with No. 9. 11 24038'13"N 2.5 ft 8 ft 12" dia. single Square green dayboard. 81032'04"W wooden pile Gated with No. 12. Staff gauge required. 12 24038'18"N 2.5 ft 8 ft 12" dia. single Triangle red dayboard. 81032'04"W wooden pile Gated with No. 11. 13 24038'21 "N 3.5 ft 8 ft 12" dia. single Square green dayboard. 81032'13"W wooden pile Gated with No. 14. Staff gauge required. 14 24038'22"N °32'13"W 3.5 ft 8 ft 12" dia. single Triangle red dayboard. 81 I wooden pile Gated with No. 13. No. or POSITION Depth Ht. 0 above Structure type, color, and REMARKS (SEE INSTRUCTIONS ) Ltr. water water height (7a) (7e) (70 (7h) (71) (71) 15 24038'11"N 81032'40"W 3.5 ft 8 ft 12" dia. single Square green dayboard. wooden pile Gated with No. 16 Staff gauge required. 16 24038'17"N 3.5 ft 8 ft 12" dia. single Triangle red dayboard. 81032'36"W wooden pile Gated with No. 15. 17 24038'24"N 3 ft 8 ft 12" dia. single Square green dayboard. 81032'55"W wooden ile Gated with No. 18. Staff gauge required. 18 24038'27"N °32'51 "W 3 ft 8 ft 12" dia. single Triangle red dayboard. 81 wooden pile Gated with No. 17. 19 24038'46"N 81033'13"W 3 ft 8 ft 12" dia. single Square green dayboard. wooden ile Gated with No. 20. Staff gauge required. 20 24038'51 "N 3 ft 8 ft 12" dia. single Triangle red dayboard. 81033'10"W wooden pile Gated with No. 19. 21 24038'51 "N 3 ft 8 ft 12" dia. single Square green dayboard. 81033'32"W wooden pile Gated with No. 22. Staff gauge re uired. 22 24038'53"N 81033'29"W 3 ft 8 ft 12" dia. single Triangle red dayboard. Information sign: wooden pile GRASS BEDS PLEASE USE CAUTION IF ENTERING AND EXITING CHANNEL Gated with No. 21. 2A 24038'08"N 81032'53"W 2.5 ft 8 ft 12" dia. single These triangle red "A" dayboards demarcate the outer wooden pile edge sound side of alongshore channel. These triangle red "A" dayboards demarcate the outer 4A 24038'14"N 81032'59"W 4.5 ft 8 ft 12" dia. single wooden pile edge sound side of alongshore channel. 6A 24038'15"N 81033'09"W 4.5 ft 8 ft 12" dia. single These triangle red "A" dayboards demarcate the outer wooden pile edge sound side of alongshore channel. 8A 24038'20"N 81033'17"W 4.5 ft 8 ft 12" dia. single These triangle red "A" dayboards demarcate the wooden pile outer edge (sound side) of alongshore channel. Information sign: GRASS BEDS PLEASE USE CAUTION IF ENTERING AND EXITING CHANNEL r \ 3 r. ^ �2 3 G•.% �. ' 3 2 Mangrove " 2 3 I 'ice r \ Find\ /� \ l I •r 3 Mangrove G L, 4 3 2 3 O r r Drequt-z Kcy 4 I - I j.- 2 2 �^ 4 7 I I rt' 2 3 2 e 2 4, �V^ F O 2 2 V a h 2 �'a I 3 3 2 2 0 3' 9 Mangrove 'A.rpwne t 4 tRq 3 I 3 2 r 2 ee % 4nAinB 0 F 2 4 ee tieWk •tar, 3 C' �.'rI Mangrove S _ Perky ftxEO BpO tDGEb 2 lY ,:YER NOR CL 2a FT 3 2 0NeCb Tower 2 '• I '�1 I 2 VERT Cl 7 FT Ue, Park Key 2_ 3"A a:r,so �b/e `g' �,� 2 Y Flx OBRIDGE r\ 2 2 _ t 40 N_7 , NOR. CL 20 FT. • - f 04 RISG`T C9 I I VER&�C unoeFT� . _ 6 ^Y 3 ' 62d I o , o I °t 1 3 �G 2 T s sz 3 Mangrove Q Pirates 7iill 3 I 2t 2 I 2 Cove......... . 2 2 U 2 I I �1 3 d I 2 e A 3 I 3 �� 3 4 3 stake LO 2 / � f� I PA 2 Oa �_✓ ����� �� . 2 0W 1111,1ngrove 2 5 !41 4 r. 2 I 2 2 ' 4 C I 3 , 2 u 9 - • Stakes 4 • S j' PA r% 2 Mangrov 2 5 M 3 2 5 2 c 2 - - 2 Stake PA 4 5 4 3 --" I �* 2 S . I%EO BRIDGE 5 5 t o NOR. Cl. 22 FT 4 - r - S U G A 2 3 VERi. CL. 9,F T}/RE 5 R L-CF A F E y Stakes PA s 2 n 1 Jq 29.0 o T 2 G Marker PA .9. 5 5 Al 4 t�pei ear ��%�% �r Mangrove IMarp"pAO 3 6 �9 2 CP M 2 A R J I .......... ti. 5 G d, 4 I , j' 1 7, 12 4 4 5 5 2 2 t. Cil/ I 5 1 S R 4 2 5 3 3 sky 4 2 PA 3 1 5 ��rr6„ 5 5 2 2 4 2 3: •` S 3 3 3 7 P 2 i —6J J 9 ] 6 4 4 4 3 3 4 3 1 2 I /PRki978 I M Grs 5 2 7 I rAy If 5 2 4 6 5 4 5 G 1 "4" 2 2 3 2 6? 14 8 4 2 7 -3'/1 I 5 5 I I 9 I.A 7 9 II 7 Srak., } 3 16 7 6 is u ; �(la 16/9 8 .. 1 2 —td 'S t3 t .- M I il�/ 17 14 - 1 I 1 11 ..2Rr, 11 10 , , 3 �� 20 � �� 17 17 S 13 13 IO 4 I/�' IS 14 14 12 `A � \�\\ 14 13 ,I :a«: 1 \ 7 '3 19 17 i5 14 ,� 14 II J 17 14 14 10� 6 13 s � 1 15 A tit 19 (ic,•�� IS 'i'' �13 ��— SEVENTH COAST GUARD DISTRICT PRIVATE AIDS TO NAVIGATION STANDARDS DAYBEACONS (UNLIGHTED BEACONS) AND LIGHTS (LIGHTED BEACONS) SHAPE• Dayboards on lights have the same shapes as•those on daybeacons. Starboard hand dayboards have a triangular shape. Port hand dayboards have a square shape. Safe water dayboards have an octagonal shape. COLOR OF DAYBOARDS: Starboard hand, triangular dayboards 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 borders. CHARACTERS• See "DIMENSIONS" for the correct size and distance from the base or lower apex of the dayboard. Red starboard hand triangular dayboards have even numbers. Green port hand square dayboards have odd numbers. 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. (DIMENSIONS continued) STRUCTUR&S: There are not required dimensions,, materials, fastenings, or designs for structures supporting dayboards and associated lights. No particular height above mean high water is mandated. 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. OAYBOARDS: The minimum acceptable dimensions are for a nominal range of 1/2 nautical mile (nml). Applicants may establish larger sizes If they wish. Optional fluorescent background and retroreflective numbers, letters, and borders are encouraged. All dimensions are In Inches. NOMINAL TYPE SIZE • NUMBER/ DISTANCE OAYBOARD RETROREFLECTIYE RANGE DAYBOARD LETTER SIZE BASE TO NUMBER BASE BORDER SIZE (nml) (single) (double) (single) (double) (optional) PORT HAND 1/2 Square side length-29 " 8 6 5 4 2.'/ STARBOARD HAND 1/2 Triangle height-24 8 6 5 4 aAf width" -24 ,Gf�LCsp� I{•. 1 b 0 c K51 Rvu N D 60LvR, tic, Z 614 KUAEe ER-5 - 60L0SZ, No, 1- b(_)cKG, VIOUND -6EF -CO L Ot- No. 4• &" Nun^P-',EV_ F_E Gc7 L0R. K- 3 Nun�15r--e, 0 N; i its i i - P�)C) C;�ER (T-YPIGC-1Li[ Z T FZ {Ev>_N Nun,�E�Er�) 1T t F nCTt)r{le 57g'17 2.- F L 0 R, E5G E TIT Cl R.E EK �j.GUTGHGhL 1CF1:r}'• 2'LZ w.- RED REFL�GT.1�/� �'lG4TGMI.IT"E �P77- 4-.- FL110KESGEKT PE ScvTGHGAI.. RF�S-�io,9 �Q f;o�� WITH C. G • 222 . CND A" IZ Mom lyt To WIDE .REV DATE APPR. DESCRIPTION BY DESIGNED: U.S. COAST GUARD A I C4 /11 1, F t, n. DRAWN: 12. >: , G . ZYN 12IAoTRIG'r C TV IL .ENGINEERING CHECKED: T" r1 N 0 o n p ✓✓� J 11 REVIEWED BY: �i Lt � � r � Y�1��__� K GENEFUL 11 )F -5Eki E/.a REVIEWED BY: Armvvty: DATE 7/7 K aaf. Of ft F WHW . n N REVIEWED BY: DRAWING NUMBER 1 4- ' 1 - :' GENERAL SCHEMATIC FOR DAYBEACONS a MEAN HIGH WA T E ELEVATION PORT SIDE ELEVATION STARBOARD SIDE MINIMUM REQUIRED PENE- TRATION FCAJR FEET Single Pile wood beacon structure (unlighted). . - _ I These are general recamlendations and may be adapted to specific circunstanoes. They should also be modified as necessary to meet the requiretrents-'J�df prudent sound engineering practice and the demands of the marine environment. SOLI• rttu LII-1 t-a�• rtt , c ) aec aoTE Z • � • ta.�Ytwuac /emu t_a•a Top Or ►tLC t lscx L:-: j t, �I �1!i4-fIl1LR ^ _ XC hoTL 2 . A --- -, DAYtrtARlC KiCbl La-2 :•LM -T-4^ PILE ITGIt LL-1 OR ' ( 1 a ♦•tl Jttk tT-5(d?1t05At) v VEW T _ SoTTORI II- - c� 's.M b� .c t •i I� L MATERIAL LIST Item uantity Nater IaIs Size LII-1 2 6061 Aluminum alloy bolts nuts 6 washers 1%2• X 221, 111-2 1 (optional) Concrete, prestresed lenQth as reQulred 10" X 10" 1-II-3 2 Oa board Size as needed 111-4 2 1 6061 Aluminum alloy boltst nuts, d washers 1 1/2" X 14" 111-5 1 Mood, pressure treated length as required 12" dia. n Note 1: All aluminum bolts meet recognized standards for marine use. Note 2: Place a 2" X 4" filler will be placed between daymarks and the pile .SEVENTH COAST GUARD DISTRICT PRIVATE AIDS TO NAVIGATION STANDARDS .f) DAYBEACONS (UNLIGHTED BEACONS) AND LIGHTS (LIGHTED BEACONS) (REGULATION AND INFORMATION SUPPLEMENT) SHAPE: Regulation and information dayboards may be square or rectangular with the appropriate symbol. However, dayboards signifying danger should have a diamond shape. COLOR OF DAYBOARDS: Regulation and information dayboards are white, lettering is black, and the geometric symbols or borders are orange. CHARACTERS: Regulation and information dayboards have orange geometric symbols with the following meanings: Vertical open faced diamond- danger. "Danger" may be placed inside the diamond with informational words above and below it. Vertical diamond with a cross centered within - Vessels excluded from marked area. Explanation may be placed outside the crossed diamond. Circle - Operating restrictions (e.g. no wake, speed limit, etc.). The primary restriction may be placed in the circle with explanation outside. See "DIMENSIONS" for the correct size and spacing of symbols and wording on dayboards. RETROREFLECTIVE MATERIALS: Retroreflective geometric symbols or borders, although optional, should be used on dayboards. The signal characteristics of paint are relatively -poor, but the use of paint is not prohibited. DIMENSIONS: DAYBOARDS: The minimum acceptable dimensions are for a nominal (visual) range of 1/2 nautical mile (nmi). Applicants may establish larger sizes if they wish. Geometric symbols are centered on dayboards and sized to come within two line widths (see "Geometric Shape Line Widths' on next page) of each edge of the daybeacon. Optional retroreflective geometric symbols and borders are encouraged. All sizes are in inches. sf a EXCLUSION AREAS NO OPERATING RESTRICTIONS UONINAL TYPE SIZE PAIGE OAYBOAIa (nai) LETTER SIZE WM GEOMETRIC (restriction) POSITIONING SHAPE LINE (explanation) WIDTH 1/2 Square side length -IS 6 2. Restrictions are 1.5 i t Square side length-36 6 3 Centered on the horizontal axis. 2 2 Square side length-46 6 Explanations 3 3 Square side length-72 10 3 are 2 line widths from the dayboard 4 base, evenly Spaced between symbol and dayboard edge, STRUCTURES: There are no required.,dimensions, materials, fastenings, or designs for structures supporting dayboards and associated lights. No height above mean high water is mandated. Permittees should insure all aids to navigation are established consistant 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. Gr. ■ T �r�Wr� CD <=> am C-f3 CSC i\ J Q L.Do rx GRASSBEDS 2 PLEASE USE CAUTION 3;1mr5 IF ENTERING AND EXITING CHANNEL UNIFO FEDE AID TC UNIFO SIGN DIAGRAM Permit No. : 93-031 FRONT VIEW FEDERAUPRIVATE AID TO NAVIGATION GRASS BED; ORM WATERWAY LEASE USE CAUTIO MARKER Ile ENTERING AN EXITING CHANNEL Permit No.: 93-031 SIDE VIEW FEDERAL/PRIVATE AID TO NAVIGATION 3 l GRASS BED ORM WATERWAYLEASE USE CAUTIC MARKER IF ENTERING AN EXITING CHANNEL emVl No.: 93-031 oitira�e FRONT VIEW SIDE VIEW GENERAL CONTRACT SPECIFICATIONS FOR INSTALLATION OF AIDS TO NAVIGATION SCOPE OF WORK:Jhe 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 installation may be of his own selection provided they secure results which satisfy the requirements of these Specifications and any necessary environmental permits. 2. 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 installation 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. 3. 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. 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. 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. INSURANCE: The Contractor must obtain all insurance required by the County and submit proof of same to the County prior contract approval by Board of County Commissioners but no later than five working days Gen. Specs. --Pagel after notice of low bidder. All insurance shall be maintained until work has been completed and accepted by the County. ,f The Contractor shall furnish the following certificates of insurance for review by the County's Risk Management Division (Attached): Certificates of Insurance provide proof that the Contractor has obtained the insurance coverage required in paragraphs a,b,c,d, and a 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 in accordance with Florida Statutes. b. General Liability Insurance on a comprehensive basis, in an amount not less than $300,000.00 per occurrence for Bodily Injury and Property Damage combined, to include contractual liability. c. Water Craft Liability Insurance in the amount of $500,000.00. d. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the work, in an amount not less than $100,000.00 per occurrence for Bodily Injury and Property Damage combined. e. Insurance in accordance with the Federal Jones Act. 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. 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. Gen. Specs.--Page2 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 v#t�in 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. CHANGES AND INSPECTION: The aids to navigation herein considered are to be installed 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. Except when otherwise specified, the expense of all tests requested by the County will be borne by the County 8. 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. 9. CONTRACT AWARD: The County reserves the right to evaluate the submitted bids and to award a contract to a bidder other than the bidder submitting the lowest bid. 10. 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 install the listed aids to navigation. 11. 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 in the amount of $100 per day will be accumulative. Gen. Specs.—Page3 12. 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 ngpber 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. 13. TERMINATION OF CONTRACT: This Contract may be terminated by the County, giving a minimum of 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. 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. 15. 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. 16. CERTIFICATION: Bidder must also certify, upon completion of the project, all installations were in accordance with these specifications, the Florida Department of Environmental Protection Marine Patrol, and the Coast Guard permit requirements as specified in the "Specifications for the Installation of Aids to Navigation.." and associated attachments. 17. PAYMENT: Contractor may request one partial payment by submitting an invoice and appropriate documentation that at least half (13) aids to navigation have been properly installed, providing the Contract agreement does not explicitly prohibit partial payment. Contractor must submit complete documentation, including the required photographs for the work for which payment is being requested. The Contractor must provide transportation, upon request by the County representative, to the installation site for review of work either in progress or completed. 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 prior to final payment for contracted work. 18. PUBLIC ENTITY CRIMES: Acceptance of the Bid is contingent upon receipt of the signed and endorsed Public Entity Crimes form (attached). 19. NON -COLLUSION AFFIDAVIT: Acceptance of the Bid is contingent upon receipt of the signed and endorsed Non - Collusion Affidavit form (attached). 20. ETHICS CLAUSE: Acceptance of the Bid is contingent upon receipt of the signed and endorsed Ethics Clause form (attached). 21. DRUG FREE WORK PLACE FORM: Acceptance of the Bid is contingent upon receipt of the signed Drug Free Work Place form (attached). Gen. Specs.--Page4 ` 0.t1l1TE(iION PERMITS Department of FLORiDA Environmental Protection f; Marjory Stoneman Douglas Building Lawton Chiles 3900 Commonwealth Boulevard Governor Tallahassee, Florida 32399-3000 August 15, 1994 Mr. Douglas Gregory Monroe County Extension Service 5100 College Road Rey West, Florida 33045 RE: File Number: 9303-0944-031ATN Location: Sugarloaf Sound Dear Mr. Gregory: Virginia B. Wetherell Secretary The Florida Marine Patrol has amended and approved your request for placement of additional aids to navigation in Sugarloaf Sound, within Monroe County. Permit number 93-031 has been reissued to Monroe County and is subject to the following conditions: Permit number 93-031 is contingent upon the consent of, and if necessary, the issuance of appropriate permits by the United States Coast Guard at 909 S. E. 1:;t Avenue, Miami, Florida 33131; and the United Sates Department of Army Corps of Engineers, at Post Office Box 4970, Jacksonville, Florida 32232; authorizing the placement of structures for the support of the aids to navigation. 2. This permit requires Monroe County to place twenty-six (26) aids to navigation and six (6) informational markers exactly as indicated on the attached marker list. Each marker(s) shall be consistent with the Florida Uniform Waterway Marking System fiermat as shown on the attached diagram. 3. All aids to navigation must be manufactured in accordance with your approved United States Coast Guard permit. Permit number 93-031 must be displayed on each aid to navigation at any location where it is readily visible. These numbers must be displayed in black block characters measuring at least one (1 ") inch in height. . 4. The placement of aids to navigation shall be completed within a reasonable time after receipt of this permit. If the information for any marker(s) varies from the originally permitted marker list, Monroe County must immediately provide this office wi:.h the corrected information. Such changes will require that this permit be amended. All aids to navigation authorized under this permit must he maintainul in proper condition at all times. Monroe County must immediately report and correct any Jiscrepancies of any marker to this office by calling 904-488-5600, extension 36, or by f,:;simile at 904-488-6425. 6. Permit number 93-031 does not authorize the invasion of private rights, nor grant any exclusive privileges, nor does it obviate the necessity of complying with any other state, federal, or local laws and regulations. Printed on recycled paper Mr. Douglas Gregory August 15, 1994 Page Two , By accepting permit number 93-031 and placement of the aids to navigation, Monroe County does hereby, to the extent authorized by law, agree and promise to hold harmless the State of Florida, its employees, agents or successors, from fault with respect to any claim or claims arising from alleged negligence in the placement, maintenance, operation, and removal of any and all markers placed by Monroe County pursuant to this permit. Monroe County further agrees to indemnify the State of Florida for any and all legal fees and costs incurred in defense of any suit brought against the State as a result of alleged negligence by Monroe County in the placement, maintenance, operation, or removal of the aids to navigation. 8. Violation of any provision of this permit shall result in the revocation of the authorization to place uniform waterway markers in, on, or above the waters of this state. If you have any questions, please contact Tara Alford at 904-488-5600, extension 36. JKT/tra Attachment cc: Captain Brian W. Hadler, USCG Mr. Bertil Heimer, USDOA Mr. Lonnie Shepardson, USDOA Ms. Ann Lazar, DEP IMP Field Operations Major R. H. McCullers, FMP WATNISMARIXTR Sincerely, Major J. K. Thompson Office of Waterway Management Florida Marine Patrol NOTICE. OF RIGIr15 A party to this proceeding him tic right to rteyrreat review of this Order by the Governor and Cabinet. sitting u do LAM and Water Adjtdicstavy Commission, in accordance with section 3. ChW" 93.213. Laws of Fkarlda. To initiate such a review, yoc mcluest moat be riled ~;thin twenty (20) days of the ate of this order wi-h any member of the I.And and Water Adjudiau«Y Cermnioion a do Capiiol, Tallahassee, Florida 32399-0001, or with the Secretary of the Comnnission at the Carlton Building. Rocco 213, Tallahassee, Florida 32399-B047. A copy of dw rtequeat rmat also be served on bah the I)cM mein of Fiwiromrcmal Protection, Awn y Clerk, .390t Cormrtotwealth Boulevar 1, Mail Station 33, Tallahassee, Florida 32399. and on my person named in " order. witun 20 dayv front the dam of da. order if the request fur review is to be effecti.c. Z � L_t1 Q a � �JQD � w ems_ a �► C/3 W C� y0c T co 0) 0 z oc Q- �aa GRASSBEDS PLEASE USE CAUTION IF ENTERING AND EXITING CHANNEL i FILE NO: 9303-0944-031-ATN FLORIDA UNIFORM WATERWAY MARKER LIST Approved NO. LAT/LONG SITE LOCATION MOUNTING DIRECTION SYMBOL WORDAGE 1 243750/813031 Ocean GAt. Water Piling/Pole GREEN - 1 2 243752/813031 Ocean Gu[f Water Piling/Pole RED - 2 3 243748/813106 Ocean Gulf Water Piling/Pole GREEN - 3 4 243752/813106 Ocean Gulf Water Piling/Pole RED 4 GB PLS USE CAU IF ENT/EX 5 243753/833124 Ocean Gulf Water Piling/Pole GREEN - 5 6 243757/813122 Ocean Gulf Water Piling/Pole RED - 6 7 243811/813141 Ocean Gulf Water Piling/Pole GREEN - 7 8 243812/813137 Ocean Gulf Water Piling/Pole RED - 8 9 243818/813154 Ocean Gulf Water Piling/Pole GREEN - 9 10 243823/813154 Ocean Gulf Water Piling/Pole RED - 10 11 243813/813204 Ocean Gulf Water Piling/Pole GREEN - 11 12 243818/813204 Ocean Gulf Water Piling/Pole RED - 12 13 243821/813213 Ocean Gulf Water Piling/Pole GREEN - 13 14 243822/813213 Ocean Gulf Water Piling/Pole RED - 14 15 243811/813240 Ocean Gulf Water Piling/Pole GREEN - 15 16 243817/813236 Ocean Gulf Water Piling/Pole RED - 16 17 243824/813255 Ocean Gulf Water Piling/Pole GREEN - 17 18 243827/813251 Ocean Gulf Water Piling/Pole RED - 18 19 243846/813313 Ocean Gulf Water Piting/Pole GREEN - 19 20 243851/813310 Ocean Gulf Water Piling/Pole RED - 20 21 243851/813332 Ocean Gulf Water Piling/Pole GREEN - 21 22 243853/813329 Ocean Gulf Water Piling/Pole RED 22 GB PLS USE CAU IF ENT/E 23 243808/813253 Ocean Gulf Water Piling/Pole RED - 2A 24 243814/813259 Ocean Gulf Water Piling/Pole RED - 4A 25 243815/813309 Ocean Gulf Water Piling/Pole RED - 6A 26 243820/813317 Ocean Gulf Water Piling/Pole REF, 8A GB PLS USE CAU 1F ENT/E 27 242753/813032 Ocean Gulf Water Piling/Pole CTRL DPTH 21LCL KNW NO PROP BR 28 243819/813318 Ocean Gulf Shore Other CTRL DPTH 21LCL KNW NO PROP BR 29 243857/813336 Ocean Gulf Water Piling/Pole CTRL DPTH 21LCL KNW NO PROP BR DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS BOX 4970 JACKSONVILILLE, FLORIDAOA 32232-0019 a REPLY TO ATTENTION OF Regulatory Division South Permits Branch JUL 21 1994 199301990(IP-LS) Mr. Douglas R. Gregory, Jr. Sea Grant Marine Agent Monroe County 5100 College Road Key West, Florida 33040 Dear Mr. Gregory: We are pleased to enclose a Department of the Army permit and a Notice of Authorization which should be displayed at the construction site. Work may begin in accordance with the plans and conditions as stated in the enclosed document and the appropriate Regulatory Section Chief as representative of the District Engineer must be notified of: a. The date of commencement of the work b. The dates of work suspensions and resumptions if work is suspended over a week, and c. The date of final completion. Regulatory Section Chiefs addresses and telephone numbers are shown on the enclosed map. The Section Chief is responsible for inspections to determine that permit conditions are strictly adhered to. A copy of the permit and drawings must be available at the site of work. IT IS NOT LAWFUL TO DEVIATE FROM THE APPROVED PLANS ENCLOSED. erely, Joh � R . Hall Chief, Regulatory Division Enclosures DEPAR27MENT OF THE ARMY PERMIT Permittee: MONROE COUNTY, COOPERATIVE EXTENSION SERVICE Permit No. 199301990(IP-LS) Issuing Office: U.S. Army Engineer District, Jacksonville NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority.of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Description: To install private aids to navigation and associated signs and staff gages as shown and described on attached plans numbered 199301990(IP-LS) in 5 sheets, dated November 10, 1993; Revised May 1994. Geographic Position: Latitude 24°38130" North Longitude 81032110" West Project Location: In Upper Sugarloaf.Sound between the ocean side of the chanalized section of Tarpon Creek and the U.S. 1 Highway bridge in Sections 02, 03, & 12, Township 67 South, Range 27 East, and Section 07, Township 67 South, Range 28 East, Sugarloaf Key, Monroe County, Florida. Permit Conditions: General Conditions: 1. The time limit for completing the work authorized ends on June 6, 1999. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell t*4 property associated with this permit, you must obtain the signature and mailing- address of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Special Conditions: 1. The permittee agrees to sound the proposed channel alignment prior to installation of any channel markers and to install the markers to direct boats over the deepest water available with the least impact to vegetation. The permittee further agrees to coordinate this effort with the Corps of Engineers prior to installing the pile supports for the markers. 2. The permittee agrees to install a graduated staff gauge at each set of channel markers, where the water depths are 3 feet or less when measured at mean low water (MLW), depicting the depth of water at that point in the channel. The gauge shall be marked feet and inches of sufficient size and clarity to be readily distinguished by passing boaters. 3. The permittee agrees to install informational signs at the Tarpon Creek, U.S. 1 bridge, and the channel exiting the Sugarloaf Shores Subdivision canal would which state: "THE CONTROLLING CHANNEL DEPTH IS -2.0 FEET AT MEAN LOW WATER - NAVIGATING THIS CHANNEL REQUIRES LOCAL KNOWLEDGE" and "PROP -DREDGING IS ILLEGAL - MOTORS MAY NEED TO BE TILTED FOR SAFE PASSAGE." 4. The permittee agrees to install signs depicting locations of grassbeds adjacent to the channel which would state: "GRASSBEDS - PLEASE USE CAUTION IF ENTERING OR EXITING THE CHANNEL." These signs shall be placed in such a manner that they will not interfere with the silhouette of or distort the meaning of the channel markers. S. The permittee agrees to monitor reports of groundings and prop -dredging within Upper Sugarloaf Sound and to provide the Corp with an annual analysis of resource condition and numbers of incidents. The first report will be submitted one year from the date of issuance of this permit and reports shall continue for five years thereafter. At that time a determination will be made as to whether the channel is accomplishing its purpose or should it be removed. 6. The permittee agrees to maintain the instilled signs, channel markers, and staff gauges in good condition in perpetuity or the channel is abandoned, at whi.0 all signs, markers, etc. will be removed from the waterway and disp#sed of at an acceptable upland location. 7. The permittee agrees to provide the Corps with a set of contact prints of the recent aerial photographs of this project area and a second set of new aerials with the fifth annual report for comparison purposes. Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: (X) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). ( ) Section 404 of the Clean Water Act (33 U.S.C. 1344). ( ) Section'103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413) . 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal projects. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. 3 e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on A�licant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to; the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (see 4 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. 4 0ir I Or 11 Q Y7_ 0 a-,1� d ul 2 < If < i. c7I< .. a • a C7 Ya 1= p_: (nab a.to CC (V •rr -�; o so o S- -� c o a Z cc H Cf' A o N s w • m .�. _ p �• Il �LL� •' ► Cif' W O c., if ` c- _j a U 1 x.", xoW , / < - 0 o N i( co N N 0q 7 a c " ti w o _ �G N ntz - - PVU '!i7� /`° 3of ¢ 40> c °c° �? � • �titi 5 `'• 1 /v G - i� 4 tiq Gw - ,w4 pew C 13 4, O (� g O im to N N N C ,4 .7Q QN � .� � N 1 \ O 40060 M ,,¢~ 4 VNI 1 z� O w cr N xow _ � x '- NOTE ,`. • — a, _ THIS IS ONLY THE APPROXIMATE N CHANNEL ALLIGNMENT MARKER POSITIONS ARE DEPENDENT r ON "BEST WATER.ROUTE" AND WILL COE APPL # 19,0 / 9 9 D �IP--,-Sj ; •� `mom BE PLOTTED IN FIELD DElf APPL °J3a?-09wy-63IATn� �o N DATE // ,91 4a,y moo i9?y c•� DRAWING PACE / OF S— .N FILE NO: 9303-0944-031-ATM FLORIDA UNIFORM WATERWAY MARKER LIST NO. LAT/LONG SITE ° tv' LOCATION MOUNTING DIRECTION SYMBOL 1 243750/813031 Ocean Gulf Water Piling/Pole 2 243752/813031 Ocean Gulf Water Piling/Pole 3 243748/813106 Ocean Gulf Water Piling/Pole 4 243752/813106 Ocean Gulf Water Piling/Pole 5 243753/833124 Ocean Gulf Water Piling/Pole 6 243757/813122 Ocean Gu(f Water Piling/Pole 7 243811/813141 6cean Gulf Water Piling/Pole 8 243812/813137 Ocean Gulf Water Piling/Pole 9 243818/813.154 Ocean Gulf Water Piting/Pole 10 243823/813154 Ocean Gulf Water Piling/Pole 11 243813/813204 Ocean Gutf Water Piling/Pole 12 243818/813204 Ocean Gulf Water Piting/Pole 13 243821/813213 Ocean Gutf Water Piling/Pole 14 243822/813213 Ocean Gulf Water Piling/Pole 15 243811/813240 Ocean Gulf Water Piting/Pole 16 243817/813236 Ocean Gulf Water Piling/Pole 17 243824/813255 Ocean Gulf Water Piling/Pole 18 243827/813251 Ocean Gulf Water Piling/Pole 19 243846/813313 Ocean Gulf Water Piling/Pole 20 243851/813310 Ocean Gulf Water Piling/Pole 21 243851/813332 Ocean Gulf Water Piling/Pole 22 243853/813329 Ocean Gutf Water Piling/Pole 23 243808/813253 Ocean Gutf Water Piling/Pole 24 243814/813259 Ocean Gulf Water Piling/Pole 25 243815/813309 Ocean Gulf Water Piling/Pole 26 243820/813317 Ocean Gulf Water Piling/Pole Pending WORDAGE GREEN - 1 RED - 2 GREEN - 3 RED - 4 GREEN - 5 RED - 6 GREEN - 7 RED - 8 GREEN - 9 RED - 10 GREEN - 11 RED - 12 GREEN - 13 RED - 14 GREEN - 15 RED - 16 GREEN - 17 RED - 18 GREEN - 19 RED - 20 GREEN - 21 RED - 22 RED - 2A RED - 4A RED - 6A RED - 8A COE APPL IL29G�a /990 ijP-L S� DEr APPL # 93oS-o9yY-p3/ ATN DATE/-iu -7f �iL 1/ ,�t,f j• 2 7 Y DRAWING PAGE ,Z OF S S-11 ►-5 0 N H m W a COE APPL DER APPL gfu _Oyv�_o��AT'�v DATE /de- /o - 9.7 /1 Cy M DRAWING PAGE �� i99y 'SUGGE srED GRASSBEDS PLEASE USE CAUTION WHEN ENTERING AND EXITING CHANNEL COE APPL / L993 0 i 9 90 (I'p LS) .DER APPL 19-rox .d 9Yy-► XIY97-Al DATE /� iv-Q3 ,Q� v ±4r4y I f, DRAWING PAGE S OF 5_ 1 SuG c sTGD ro m A T- Your signature below, as permittee, indicates that you accept and agree to comply with the ,erms and conditions of this permit. �PERM TEE) l 9 �K�'•�P� sr(DATE) �fo� noe Coar CX7��S�� .SC-'�"✓icy This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. C. SALT U.S. Army 7- 2�- y y (DATE) When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (TRANSFEREE -SIGNATURE) (NAME -PRINTED) (ADDRESS ) (CITY, STATE, AND ZIP CODE) 5 (DATE) C- 0 o c -''cn -- o �D i 0 (DO 0 N "t N C Y 7�' U.S. Department Commander of Transportation '�®' Seventh Coast Guard United States District Coast Guard Mr. Douglas R. Gregory, Jr. Monroe County Extension Director 5100 College Road Key West, FL 33040 Dear Mr. Gregory: Brickell Plaza Federal Bldg. 909 S.E. First Avenue Miami, FL 33131 Staff Symbol: (oan) Ph: (305)536-5621 16518/37 Serial: 0834 23 SEP 1M44 Thank you for your letter requesting an amendment of the Coast Guard Private Aids to Navigation Application (CG-2554) for Sugarloaf Sound Channel. An amendment of your private aids to navigation authorization is not required for the informational signs proposed. Informational signs may be posted on private aids to navigation provided the conditions listed in Enclosure (1) are met. Your private aids to navigation authorization is hereby extended until August 31, 1995. Please notify Ensign D. Marston at (305) 536-5621 when you have installed your aids to navigation. Sincerely, B. W. HADLER Captain, U.S. Coast Guard Chief, Aids to Navigation and Waterways Management Branch Seventh Coast Guard District By direction of the District Commander Copy: Commander, Coast Guard Group Key West Officer -in -Charge, Aids to Navigation Team Key West Florida Department of Environmentla Protection, Office of Waterway Management Mr. Lonnie Shepardson, U.S. Army Corps of Engineers, Jacksonville District Federal/Priva Aid to Naviga Information o Regulatory S1 CONDITIONS APPLICABLE FOR POSTING INFORMATION AND REGULATORY SIGNS ON FEDERAL AND PRIVATE AIDS TO NAVIGATION FRONT VIEW Federal/Private Aid to Navigatior Information or Regulatory Sign Federal/Private Aid to Navigation Information or I ... 0 Regulatory Sign NO WAKE SIDE VIEW Federal/Prival Aid to Navigal Information or Regulatory Sign FRONT VIEW SIDE VIEW U.S. Oeportmerit Commander of Tronsportotion Seventh Coast Guard o United States District Coast Guard Mr. Douglas R. Gregory, Extension Director Monroe County Extension Service 5100 College Road Key,' West, FL 33040 Dear Mr. Gregory: Brickell Plaza Federal Bldc 909 S.E. First Avenue Miami, Fl 33131 Staff Symbol: (oan) Ph: (305) 536-5621 16518/37 Serial: 1055 U C � ,noa u Ia li tv I am pleased to enclose the approved Application (CG-2554) authoriz ng the r establishment of .v'ate Aids to * Navigation Sugarloaf Sound Daybeacons 1 2 3 4 -- 13, 14, 15, 16, 17, 18, 19,E 20, 21, 22, and Sugarloaf lKey lShores Daybeacons 2A, 4A, 6A and 8A. These are Class II private aids to navigation and will be charted and entered in Light List, Vol III -Atlantic and Gulf Coasts. Volume. This authorization is issued under the following conditions: (1) Compliance with these conditions is essential. You must not deviate from the application unless a re submitted to and a quest for a modification is submitted approved by us. Discontinuance or change in ownership of this aid must also be approved by us. The establishment of any unpermitted aid or the changing of any permitted aid, without the authority and approval of this office is a violation of 14 U.S.C. § 83. Violators of this section may be fined up to $100 per day per unpermitted aid. (2) Our authorization of private aids to navigation does not authorize any invasion of private rights, nor privileges, nor does it obviate the,,,n cessi grant any exclusive other federal, state or local laws or regulatio s.complying with any (3) You must advise this office thirty (30) days before installing the private aids so that we -may issue proper mariners advising of the upcoming changes in the area. Afterres to your aids have been installed they will be inspected for compliance with the permit. (4) Private aids to navigation must be maintained in proper conditions at all times. A discrepancy exists whenever an aid is not as described in the approved application. Any discrepancy in the operation of these aids at any time shall be reported to us by telephone or other rapid means of communication in order that notices to mariners may be issued. Discrepancies are to be corrected at once and we must be notified by telephone when you have done so. During working hours, please call Mr. Nodal or Petty Officer David Allen at (305) 536-5621. 16518/37 /'1:G Serial: 1055 (5) The applicant agrees to save the Coast Guard harmless with respect to any claim or claims that may result from the alleged negligencef the maintenance or operation of an aid. F", (6) This authorization is valid for one year from the date of this letter. If the aids are not established within this period, the authorization is revoked, and you must resubmit your application for approval. It must be understood that when any aid to navigation is established, whether federal or private, this information is published immediately and then carried on future editions of appropriate charts and in the Light List. Thereafter, mariners have the right to expect the aid to display its advertised signal. Discrepancies left uncorrected may result in marine casualties and resultant litigation. We want to stress the importance of ongoing maintenance of the--- daybeacons. Based on our experiences with maintaining federal aids to navigation, we know that continuous maintenance for this structure in the marine environment is critical. We believe you will want to ensure an adequate amount of funding will be available for emergency (e.g., marking, removal, and rebuilding of a damaged structure) and planned (e.g., replacing faded signs, rebuilding deteriorating structures) maintenance. Sincerely, fl B. W. HADLER �° Captain, U.S. Coast Guard Chief, Aids to Navigation and Waterways Management Branch Seventh Coast Guard District By direction of the District Commander Encl: (1) Private Aids to Navigation'Application (CG-2554) Copy: Commander, Coast Guard Group Key West Officer -in -Charge, Aids to Navigation Team Key West U.S. Army Corps of Engineer District, Jacksonville Florida Department of Environmental Protection, Waterway Mgmt V O O ` a tJI f4 l.M;f7 dnz 7r- _oro_Az n>�c'v bC O O Oz W rOC D D> m O i < v y Z O O m O m O PI OQ Am DmN FA upO H'A ►"D p omr -r m v< " Zm wA� M^ oD mOZO aOpO D H 0 m p• DO O n N m <� D Ja-H mm fp1 GiON m y y� A DOIi O �C7ZO n n A �� f�D u+ 2 rj D D m D 0 z m Z O M rr Op O -4 2 Ul D 00 D CD w D 3 CI O ,n m m COn r-4 ?, < m f� gO A r y t� A D FA Z m �� 1 o EOµ Z o 0,t� D < Z < M 1 i 2 rOt to Q o` ® m 0 D m ►Q1 A ® m r m -102 OO C m m D f' I+ n mA0 0 to o i ,n m v!y p I C r 0 A ' A OA c o 0 I m (n n (7 ; o v H 4 ,n ? D n m \O O ` to rT r d I z i m 0 ►1 0 p H DO; V or o 0Q m D m i 'V H h D Z F+ C� rt O pA; ?I 1 a 0 N �_ m 10 C� O ?M> ZO i 2 < r m DDZ p °rp 2 m •. > O µ� rt D20�'d C m 2 0 o 0D ,4 Z Do yy h: 0 ; 0 1-� bd m-�m H W pi m 0 0 OfN H H z 8 n A p W I H f'm m �° -1 OQQm0 a mm x � 1 v Mr � W o °Z: M p p XA cn .. o o < O D nD '.d F-h M m n (A t/f z m 0 C z v °< cs. p z z Q > `a r-2i Z 0 L7 0 mA < r m D -1 m 'ri O r n Z Q Z a O I :,DOm ❑ O , w D vm-1 ' M -4 r m n n A D� A I -f MO -4m I r A A D ; - M 0 W m DEAD �aOn Z; ,� z I y r m 1=mV!:r> D 0 n m a '0 .I 0 Or,�'^r mm? v O m k,, nl ZDmn A r A m ❑ m D. r^ t1 nriZ ?>O-I1 D 0 D 2( 0 a H o m Z 2 p o O C=7 • p IOOD pm r �m 2 -i m Z 114 OQ �, mm>O m r m C m n r F+ DOZA -4 O m A D D m �. L7 , Z <m < m -4 ,n r z < �rJ m 0 D mono m D a c < p 4 r tai Q 7�7 O Or>0 an Z 1 i A A q O m n ;U 4 47 m 02OD / w"�:w.+h �. <Qr n 0 j m 3 Z N q C� M D -M E4 ti� imp 0 4 nr R7 m m . m n c 00 Z Opmn1 •i:. ��D C O g m A y r Cy _ r t'' O p r O rn o a M ViDm ,,.. . •.�� :. 'ai �; _._..:�._.._ _ _ CO _mtA C Moo ``{ . i • N CI - rt O Z r o 1 r:. . C -f M r 3 C 1. T]i - - - - 0-. z 01 0 r z A I - ���, -- .-._. _-_ _- m ron - o m N p o> _ - - - _. .-. - - n N A u r3 - -_... _.. �m m -- Z -o->' o G� r1 z D O c o O n A � --- - -- _ -- - < m _ a, c . rt ,^ ,.In CL < D O --4 SUGARLOAF SOUND PASS (ATLANTIC SIDE) PROPOSED AIDS TO NAVIGATION These markers (1-22 blrgin at Tarpon Creek and end at Highway US 1. All 18 inches to a side for square green dayboards and 24 inches to a side form angle red dayboards rangerkers are 0.5 nm in All in signs are to be 3 feet by 3 feet in dimension. measure information No. Depth Ht. or POSITION Str�re REMARKS of above type, color, (SEE INSTRUCTIONS) (7a water water and height (7a) (7e) (7f) (7h) (7i) (7j) 1 24°37'50"N 4 ft ° , 8 ft 12" dia I 81 30 31 "W • singe wooden 0.5 nm range square green dayboard. pile Informational sign (3' by 3'): " Warning --Controlling Depth 2 ft. Local Knowledge Required. Bridge Vertical Clearance 6 ft" 2 24°37'52"N Gated with No. 2. 81 °30'31 "W 4 ft 8 ft 12" dia. single m 0.5 nrange triangle red dayboard. 3 wooden pile Gated with No. 1. 24037'48"N 81°31'06"W 2.5 ft 8 ft 12" dia. single 0.5 nm range square green dayboard. wooden pile Gated with No. 4. 4 24°37'52"N 81 °31'06"W 2.5 ft 8 ft 12" dia. single 0.5 nm range triangle red dayboard. 5 wooden pile Gated with No. 3. 24°37'53"N 81 °31'24"W 3.5 ft 8 ft 12" dia. single 0.5 nm range square green dayboard. 6 wooden pile Gated with No. 6. 24037'57"N 81 °31'22"W 3.5 ft 8 ft 12" dia. single 0.5 nm range triangle red dayboard. 7 wooden pile Gated with No. 5. 24°38' 11 "N 81 °31,41 "W 2.5 ft 8 ft 12" dia. single 0.5 nm range square green dayboard. 8 wooden pile Gated with No. 8. 24038' 12"N 81 °31'37"W 2.5 ft 8 ft 12" dia. single nm range nrange triangle red dayboard. 9 wooden pile Gated with No. 7. 24°38' 18"N 81 °31'54"W 2.5 ft 8 ft 12" dia. single 0 % nm range square green dayboard. 10 24038'23"N wooden pile Gated with No. 10. 81 °31'54"W 2.5 ft 8 ft 12" dia. single nm range nrange triangle red dayboard. wooden pile Gated with No. 9. 11 24038'13"N 81 °32'04"W 2.5 ft 8 ft 12" dia. single 0.5 nm range square green dayboard. 12 24038' wooden pile Gated with No. 12. 18"N 81 °32'04"W 2.5 ft 8 ft 12" dia. single 0.5 nm range triangle red dayboard. 13 24038'21 "N wooden pile Gated with No. 11. 81032'13"W0.5 3.5 ft 8 ft 12" dia. single nm range square green dayboard. 14 wooden pile Gated with No. 14. 81 81032' 13"W 3.5 ft 8 ft 12" dia. single nm range 0.5 nrange triangle red dayboard. wooden pile Gated with No. 13. No. Depth Ht. Structure REMARKS or Ltr. POSITION Cater above type, color, (SEE INSTRUCTIONS) (7a) (7e) (7f) water (7h) and height (7i) (7j) 15 24038' 11 "N 3.5 ft 8 ft 12" dia. single 0.5 nm range square green dayboard. 81 °32'40"W wooden pile Gated with No. 16 16 24038' 17"N 81 °32'36"W 3.5 ft 8 ft 12" dia. single '0.5 nm range triangle red dayboard. Gated with wooden pile No' 15. 0.5 nm range square green dayboard. 17 24°38'24"N 3 ft 8 ft 12" dia. single 81032'55"W wooden pile Informationa sign (3' x 31--arrows pointing up channel: "Gulf 1 Marina T " Gated with No. 18. 0.5 nm range triangle red dayboard. 18 24°38'27"N 3 ft 8 ft 12" dia. single 81 °32'51 "W wooden pile Gated with No. 17. 19 24038'46"N 3 ft 8 ft 12" dia. single 0.5 nm range square green dayboard. 81033'13"W wooden pile Gated with No. 20. 0.5 nm range triangle red dayboard. 20 24038'51 "N 3 ft 8 ft 12" dia. single 81 °33' 10"W wooden pile Gated with No. 19. 0.5 nm range square green dayboard. 21 24038'51 "N 3 ft 8 ft 12" dia. single 81 °33'32"W wooden pile Gated with No. 22. 0.5 nm range triangle red dayboard. 22 T�:L'S3"N 3 ft 8 ft 12" dia. single 8133'29"W wooden pile Gated with No. 21. 2A 24038'08"N 81 °32'53"W 2.5 ft 8 ft 12" dia. single These 0.5 nm range triangle red "A" dayboards wooden pile demarcate the outer edge (sound side) of alongshore channel. These 0.5 nm range triangle red "A" dayboards 4A 24038' 14"N 81 °32'59"W 4.5 ft 8 ft 12" dia. single wooden pile demarcate the outer edge (sound side) of alongshore channel. Yhese 0.5 nm range triangle red "A" dayboards 6A 24038' 15"N °33'09"W 4.5 ft 8 ft 12" dia. single 81 wooden pile demarcate the outer edge (sound side) of alongshore channel. These 0.5 nm range triangle red "A" dayboards 8A 24038'20"N 81033' 17"W 4.5 ft 8 ft 12" dia. single wooden pile demarcate the outer edge (sound side) of alongshore channel. 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 O"F �O [print name of the public entity] [print individual's name and title] for /�/�� / / / —�i s [print name of entity submitting sworn statement] ,y "�S'1: C /,., -- ' whose business address is 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. 1 understand that a "public entity crime" as defined in Paragraph 287.133(l)(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 pf 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(l)(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(lxa), 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 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. 5. 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 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 submit g this sworn statement. [Indicate which statement applies.1 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, nor any of its officers, directors, exectutives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor 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 FORTHE PUBLIC ENTITY IDENTIFIED ON 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. 0,4t."C X4/ [signature] Sworn to and subscribed before me this �7 day of O ✓F�'! %�/ 19 , Personally known OR Produced identification (Type of identification) Notary Public - State of My Commission expires (Printed typed or stamped commissioned name of notary public) NoMry P'Alic, Stnto of Florid# _"" at Commission Expires March 24, Ift 4 ;._ loadod TMv Troy Fah - kuuran. k,,. Form PUR 7068 (Rev. 06/11/92) SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE 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 former n officer or employee. ZzL- (sighature) Date: STATE OF COUNTY OF Subscribed and sworn to (or affirmed) before me on �� (date) by �J�7E �p�%1`�/►' (name of affiant) . He/She is personally known to me or has produced as identification. (type of identification) votoy talk State of F(or* T My Commission Expires March 24,110 eondad Thra Troy Fain . In:uranw Ind. NOTARY PUBLIC MCP#4 REV. 2/92 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifi that: �E (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, 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 assistatce 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 occuring 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 contirnte to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. nz _ - Bidders Signature Date MCP#5 REV. 6/91 NON -COLLUSION AFFIDAVIT of thet. of according to law on my oath, and under penalty of perjury, depose and say that; 1) I am �� �� ' the bidder making the Pr osa 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 (Signature of Bidder) //-9 —�V DATE COUNTY OF '/�X /�dE PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this day of /t/ , 19 '�Y. NOTARY PUBLIC My commission expires: Notary Pubrk State of p)aFiJo M; Commission Expires Morch 24, i 0 ji Bonded Thru Tro�rFplq.(wuranw IAr INSURANCE ISSUE DA8�i DN I►1vORD. CERT'IF1 PRODUCER ROGERS ATKINS GUNTER & ASSOC FOREHAND INSURANCE AGENCY INC P 0 BOX 25598 TAMPA FL 33622-5598 INSURED SEA TOW FLORIDA KEYS DUKE H PONTIN SPIRIT TOWING P 0 BOX 244 BIG PINE KEY KEY WEST FL 33043 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 COVERAGE AFFORDED BY THE COMPANIES AFFORDING COVERAGE COMPANY A SPHERE DRAKE INSURANCE COMPANY LETTER PROGRAM UNDERWRITERS INC COMPANY B LETTER COMPANY C LETTER LLEEITPER Y D COMPANY E LETTER 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. TR TYPE OF INSURANCE POLICY NUMBER PDO ICY EE CTIVE POLICY�EXPIRAN LIMITS GENERAL LIABILITY COMPREHENSIVE FORM PREMISES/OPERATIONS UNDEp�,ROUND EXPLOSION &COLLAPSE HAZARD PRODUCTS/COMPLETED OPER. CONTRACTUAL INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY PU7 6 9 6 7 ArrpoVFD Rl Z)QCP / DATE WAIVER: N/A 2 2 3 9 4 - .ISM, VANACEMEN - C " YES 2 2 3 9 5 BODILY INJURY OCC. $ BODILY INJURY AGG. $ PROPERTY DAMAGE OCC. s PROPERTY DAMAGE AGG. i BI 8 PD COMBINED OCC. s300,000 BI NI PO COMBINED AGG. s300,000 PERSONAL INJURY AGG NT AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS (PrIv. pan.) ALL OWNED AUTOS ( otwr #on) Pam• P-S- HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY BODILY INJURY (PK PoriOr ) $ BODILY INJURY (Per rroddMt) s PROPERTY DAMAGE i BODILY INJURY & PROPERTY DAMAGE COMBINED $ EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE AGGREGATE — - - $ $ --- - -- - -- - WORI"'S COMPENSATION AND EMPLOYERS' LIABILITY STATUTORY LIMITS EACH ACCIDENT $ DISEASE -POLICY LIMIT s DISEASE -EACH EMPLOYEE IS OTHER I DESCRIPTION OF OPEAATIONBILOCA CIAL ITEMS Ilriw%iC nwLVCn SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE MONROE COUNTY BOARD OF COUNTY EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO COMMISSIONERS ATTN KIM BLANCO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 5100 COLLEGE 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. AUTHOSIZED REPRESENTATIVE . R ' B-�'FORE a. D J� DD (B ) I ACORD 25 (7=) CACORD CORPORATION 1990 AGWOR11. CERTIFICATE OF INSURANCET 11 / 2 9 / 9 4 � PRODUCER Alan R. Mott Agency, Inc. 184 East Main Street PO Box 995 Huntington, NY 11743 INSURED Spirit Marine Towing & Assist. d/b/a Sea Tow Florida Keys 911 West Indies Drive Ramrod Keys, FL 33043 S CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE A HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A Insurance Co. of America 4?1�E APPRRISK-MAN" -- - - - - -- - - - - - -- COMPA By COMPANY i D DATE COM Y WAIVER: N/A YES 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 POLICY EFFECTIVE POLICY EXPIRATION LIMITS TR DATE (MM/DD/YY) DATE (MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ CLAIMS MADE OCCUR PERSONAL & ADV INJURY $ OWNER'S & CONT PROT EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED EXP (Any one person) $ — AUTOMOBILE LIABILITY - - - COMBINED SINGLE LIMIT $ ANY AUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY c,- { - ANY AUTO Risk ky;prit. iY Loss Cgr}Y1QTc,bl -----_---- __-.-_ /� - - - DATE' t� ___._.,...�...._ ,-- EXCESS LIABILITY--L,Na,j7�1'�/}T— UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE -- OFFICERS ARE: EXCL OTHER Protection & Indemnity BODILY INJURY $ (Per accident) - 9 PROPERTY DAMAGE $ AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE ',$ EACH OCCURRENCE $ AGGREGATE $ $ j STATUTORY LIMITS EACH ACCIDENT $ DISEASE -POLICY LIMIT $ DISEASE - EACH EMPLOYEE : $ ROYALAP789 11/10/94,11/10/95 $500,000. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS 175 Spacecraft 25' #SPA02753M75L 174 Thunderbird 24' #TNR23086M75C 180 Spirit 34' DOC# 639586 Monroe County Board of County Commissioners Attn: Kim Blanco 5100 College Road Key West, FL 33040 CANCELLATION_. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILUR O MAIL SUCH NOTICE SHAL IMPOSE NO OBLIGATION OR LIABILITY OF AN KINO�r THE P Y, S�-AGEN OR REPRESENTATIVES. ACORD 25-S (3/93) _ �" �_ ACORD CORPORATION 1993