DV091891r
CONTRACT AGREEMENT
AGREEMENT, MADE THISday of aA 1995, by
u t,lt and between, Spirit ("Contractor"), and ?_ T 3
the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLdRIDA,^ of _
the County of Monroe, State of Florida ("Board").
-D
The contractor and the Board, for the consideraton'namod
agree as follows:
1. The contractor shall furnish all the materials and.
perform all the work as required by the Specifications for the
emergency removal DV091891 for which derelict vessel report is
attached as exhibit A.
2. The work to be performed under this contract shall
commence immediately from the date the Liaison provides the
Notice to Proceed and shall be completed by May 31, 1995
3. If the Notice to Proceed has not been given on or before
May 18, 1995 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. If this grant is denied, this Agreement shall be null
and void. The contractor understands the rules of the Department
of Environmental Protection and shall comply with said rules,
along with the rules and procedures instituted by the Board to
ensure an orderly progress to the project. Both the intent and
the letter of the specifications are understood by the
contractor.
13
5. The Board shall pay the Contractor the total sum of
$1,092.50 for the emergency removal and legal disposal
of DV091891. 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 Derelict Vessel Report and Specifications
together with this Agreement, form the 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 from the
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 a set of
photographs of the vessel in all phases of the removal and
disposal process. The contractor will be responsible for the
camera, film, and development costs.
10. The contractor understands and agrees that the receipt
of the Notice to Proceed from the County does not relieve his
responsibility to obtain any appropriate permits. The contractor
must inform the appropriate permitting authorities prior to
initiation of work.
11. The parties agree that timely performance of this
agreement is essential due to possible damage to the natural
resources, hazard to navigation, or threat to human health
and welfare. Therefore, the parties agree that the
contractor shall be liable to the Board for $100 per day of
liquidated damages for each day after May 31, 1995 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, Workers Compensations the
amount of $500,000, Federal Jones Act (46 U.S.C.A. subsection
688) with limits not less than those specified for Employer's
Liability, Vehicle Insurance in the amount of $100,000,
Watercraft Liability in the amount of $300,000, and Pollution
insurance in the amount of $500,000. All policies must list
Monroe County as additional insured with the exception of the
Worker's Compensation policy.
14. The Board may terminate this agreement with or without
cause at anytime upon giving the contractor a minimum of ten
days in writing. The contractor, upon receipt of the notice,
shall immediately cease work.
The Board shall pay the contractor the percentage of the
contract sum which is proportional to the amount of work
performed by the contractor in a manner satisfactory to the
Board up to the date the contractor received the Notice to
Proceed.
IN WITNESS WHEREOF the parties hereto have executed this
Agreement to day and year first written abo�'
BY:
i
(Seal)
Attest:
Witness
Owner
Title
_Spirit
Firm
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
V F
BY:
Mayor/Cha an
(Seal) Attest: DANNY L. KOLHAGE, Clerk
A►A'1JIA4. - .
Clerk /
JArtarea.K "� O ire __
MAY-09-1995 10:51 FROM FLA. MARINE PATROL DIST-9 TO 03052924417 P.01
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C014DITIONS WRECKED
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DISMANTLED
...
; ABANDONED P-
..................... ..
3. SUBMERGED
.. ...._.._......._....._......._ . ................... .....................................................................................................................................-..................----..............----
IN FT. OF WATER
OR AFLOAT
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BELOW MEAN HIGH
WATER LINE
.
6. PROPIIRT1 OWHIMI
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STATE OF FLORIDA
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YES NO
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OR
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................................................................................................................................ .
10. BNVIRONMBN4' BNbANtiERBD? YES
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11. TOWND WITHOUT RHPAIR? YES NO UNKNOWN
................. _.................... _....... I.- .... ........... ...... .......... ........ ..
12. RECOMMENDED DISPOSITION! LANDFILL OTHER
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UNITED STATES
MEMORANDUM
TO: Kim Blanco
REPLY TO:
ATTN OF: David L. Vecera, Lead Refuge Officer, Florida Keys
Refuges
DATE: 04-30-95
SUBJECT: Abandoned/Derelict Vessel at Boca Grande Key
The following is the information you requested in order to
process the vessel:
DV 09 1891
FL#s: Tampered/unreadable, several possibilities by appearance.
Footage: 18' approx.
Motor: None.
U.S. DEPARTMENTOFTHE INTERIOR
U S FISH AND WILDLIFE SERVICE
C� DIVISION OF REFUGES
Material: Fiber over wood.
DAVID L. VECERA
Make: Unknown, possibly homemade.
REFUGE OFFICER
LAW ENFORCEMENT
Type: Open fisherman.
FLORIDA KEYS WILDLIFE REFUGES
PO, BOX 430510
BIG PINE KEY. FLORIDA 33043-0510
Color: Gray & white.
FAX 1305) 872-3675 TEL 13051 872-2239
Owners: Unknown
-
Location: NW beach of Boca Grande
Key, approx. 200' south of
mangroves.
Status: Abandoned.
Condition: Bad
. Submerged: 5-100 (bottom only)
Depth: 1'.
Afloat or On Shore: On Shore.
Photos: 2
Thank you for your prompt assistance.
Dave
MAY 01 '95 03:31PM FLORIDA KEYS REFUGES
P.1/3
•
United States Department of the Interior
FISH AND WILDLIFE SERVICE
9 ` Florida Ken National Wildlife Re[Ws w
P.O. Box 510
Big Pint Ker, Florida 33043
FAX
o 51'L7
y
DATE : 05-01-95
TO: Kim Blanco, Marine Projects Coordinator
FROM: David L. Vecera, Lead Refuge Enforcement Officer
SUBJECT: Derelict Vessel# DV 09 le91
NUMBER OF PAGES TO FOLLOW: 2
REMARKS/INSTRUCTIONS:
Case Incident Report enclosed. First paragragh, page two, explains
the why for the emergency removal.
Thank yout
MAY 01 '95 03:31PM FLORIDA KEYS REFUGES
P.2/3
Afw%P•.-jJolt 11.S. FISII AN1) W'IL1)LIFE SERVI(.'E
�81
#(fvIF.RF:f► By
INCIDENT REPORT
tce.Zs- o-
ty-t .. ,&,r
STATION
CLASSIFIt.%TION OF INCIDENT
FILE NI HRER
I. Keys NWRs
ABANDONED PROPERTY - Derelict
ey West NWR
vessel
114t
LV4.PTION OF I-%CIDENF
DATE OF INCIVJ-.NT
TIME INt-ID!\TOCCI -RRED
oca Grande
XXXX
XXXX •m
ih J•. ,rrr
pm
REPORTED 'TO FTS BY
ADDRESS
PHONE
HOW REPORTED
ILMERS, T .
USFWS
•'�"• 872-2239
Neufu ❑
4L i_uNTet.T Cl
RECEIVED BY
WHEN RECEIVED
REPORT MADE BY
DATE TIME
DATE TtftE
CERA, D.L.
VECERA, D.L.
4-30-95 2:00 •'"
04-28-95 n/t
PERSONS INVOLVED
ADDRESS
PHONE DOB
INVOLVEMENT
t
t
DETAILS OF INCIDENT/REMARKS
(SEE ATTACHED NARRATIVE SHEET)
lZ-petuy quenit, •ne e•itatel" ruwe of Irrepretr ta•at.ra tot tartaeut►
DISPOSITION I REFERRED TO
ORGkNIZATION
A►u [• to urnr.E
MAY 01 '95 03:32PM FLORIDA KEYS REFUGES
P.3/3
U.S. FISH & WILDLIFE SERVICE
INCIDENT REPORT (ATTACM4ENT)
REFUGE GROUP: Florida Keys Refugee
REFUGE: Key Went NWR
CASE INCIDENT REPORT NUMBER: FKR 95-00-11
NATURE OF INCIDENT: ABANDONED PROPERTY - Derelict
vessel
NARRATIVE:
On 04-28-95 Refuge Biologist Wilmers advised me he had found a
derelict vessel on Boca Grande Key. I contacted Kim Blanco of the
Florida Derelict Vessel program and received instructions for
procedures to follow to have removal of the vessel expedited as an
emergency. It was deemed an emergency because Wilmers had a
concern that the vessel could interrupt nesting sea turtles from
their normal nesting behavior.
On 04-29-95 at 1:10 pm I arrived at Boca Grande and processed the
derelict vessel for investigation and removal. The vessel was
t issued the removal number: DV 09 1891, which I painted on its aides
and top. The vessel registration numbers were difficult to
decipher as they were partially peeled and there appeared to be
several numbers on top of each other. However, I was able to trace
one number which appeared to be of a consistent type: FL 6690 CE.
On 04-30-95 at 1:50 pm I checked the number through the Monroe
i County Sheriff's Office Dispatch. Registration# FL 6690 CE came
back as "No Record Found".
On 05-01-95 I submitted my data to Blanco and she made arrangements
to have the vessel removed immediately.
`)-/
FLORIDA KEYS REFUGES FKR 95-00-11 Page 2 of 2
DERELICT VESSEL REMOVAL CONTRACT SPECIFICATIONS
FOR MONROE COUNTY, FLORIDA
1. INTENT: It is intended that these specifications shall
cover all aspects of the work. The purpose of this section
is to provide specific 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. Not
applicable due to emergency removal of one or more
derelict vessels for less than $25,000 total.
3. PLANS: There are no plans for this project, but
copies of the Florida Marine Patrol Derelict Vessel
Report with location Sketches have been bound into
these documents for the Contractor's use. The Specifications
include a section on instructions to bidders, both
general and specific, and a copy of each Derelict
Vessel Report from the Florida Marine Patrol. Only
those derelict vessels for which a report is included
and listed on the Bid Response Form are to be bid
upon and subsequently removed.
The County reserves the right to remove any or all vessels
from this contract at any time prior to actual removal from
the water and 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
hazard, and environmental considerations. If bids exceed the
County's resources for removal based on these
considerations, we shall limit vessel removal based on the
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 made 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 are discovered, they are
to be reported by the Contractor to the County. The
County assumes no responsibility should there be any
discrepancies in what is stated in these documents and what
the bidder evaluates.
A contractor should take special care to remove only those
derelict vessel's on his contract and for which he possesses
a Florida Marine Patrol Derelict Vessel Report. Other
derelict 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 Florida Department of Environmental
Protection, Monroe County Administrator of the Derelict
Vessel Program, and the Contractor. This will be applicable
when a contracted derelict vessel can not be located. No
derelict vessel may be replaced and removed without the
tri party consent noted in this paragraph. A contractor
may suggest a possible replacement vessel but he may not
remove it without the appropriate consent above.
5. SCOPE OF WORK: The Contractor shall be responsible for
providing all permits, supervision, labor, equipment, tools,
fees and taxes required to complete this project to the
satisfaction of the County.
The Contractor's procedure and methods of removal may be of
his own selection provided they secure results which satisfy
the requirements of the Specifications and any necessary
environmental permits.
DV Specs --Page 2
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 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 Pre -Work
Conference described below.
Precaution shall be exercised at all times for the
protection of persons and property. The safety provisions
of the Occupational Safety and Health Act of 1970 (Public
Law 91-596) and other applicable laws, including building
and construction codes shall be observed. Machinery,
equipment and other hazards shall be guarded in accordance
DV Specs --Page 3
with safety provisions of the "Manual of Accident
Prevention in Construction", published by the
Associated General Contractors of America, to the extent
that such provisions are not in contradiction of applicable
law.
The Contractor shall store materials 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 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 governmental agencies such as the Department of
Environmental Protection, 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 sizes of the charges shall be
reduced. All explosives shall be marked clearly "DANGER
EXPLOSIVES", and shall be in the complete care of competent
watchmen. 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. Nothing contained in the
Contract Documents shall create a contractual
relation between any subcontractor and the County.
All subcontractors shall abide by the terms,
DV Specs --Page 4
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.
Off-loading 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.
DV Specs --Page 5
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 per F1. Statutes.
b. General Liability Insurance on a comprehensive basis, in an
amount not less than $300,00.00 per occurrence for Bodily
Injury and Property Damage combined, to include contractual
liability.
C. Pollution Liability Insurance in the Amount of$500,000.
d. Water Craft Liability Insurance in the amount of $500,000.
e. Automobile liability insurance covering all owned,
non -owned and hired vehicles used in connection
with the work, in an amount not less than
$100,000 per occurrence for Bodily Injury and Property
and Damage combined.
All insurance policies required above shall be issued by
companies authorized to do business and under the laws of
the State of Florida. The Monroe County Board of County
Commissioners must listed as "Additional Insured" on all
policies, except for Worker's Compensation.
10. COMMENCEMENT.DELAYS AND COMPLETION OF WORK: After
receiving Board of County Commission approval of the
Contract, and after reconciliation of any details or
conditions which may directly or indirectly interfere or
conflict with work of the Contract, the County will issue a
"Notice to Proceed" officially authorizing the Contractor to
commence. The Contractor shall commence work 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 the time to permit it to be acted upon before the
Contract expiration date. To allow sufficient time for the
administrative procedures required to obtain.action by the
County Commission, a request for time extension must be.
received by the County representative at least sixty (60)
calendar daysprior to the Contract expiration date. . .
Provided further that the Contractor shall within ten (10)
DV Specs --Page 6
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 her 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 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 the 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
yearand during and after termination of the contract.
DV Specs --Page 7
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.
The actual number of vessels to be removed will depend on
the accepted per foot bid price and the available funds.
14. PRE -WORK 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 contractoris 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 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 reasons, not acceptable to the County, the
Contractor does not perform, the County shall have the
DV Specs --Page 8
right to levy liquidated damages against the Contractor.
Liquidated damages in the amount of $100 per day shall be
assessed against the Contractor for any bid item awarded to
him which is not completed and accepted by the County
within the number of calendar days specified in the
Contract. Liquidated damages are accumulative.
17. NOTICE TO PROCEED: The Contractor shall commence work
upon this project 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.
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 legally
dispose of them. Upon receipt of vessels at the landfill.
They must be disposed of immediately.
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 countries or
any other location for disposal as long as the FDEP
Disposition Certification Form (attached) is fully
documented. If a signature cannot be obtained on Florida
DV Specs --Page 9
Department of Environmental Protection 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 to
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 debris should provide detailed receipt
showing type and description of debris received. if person
delivering vessel to disposal site is other than contractor
a written statement with a description of what type of
debris 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 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 pre -work
conference with the County representative. Notification is
to be made before doing any work on each vessel. This
multiparty communication for each Derelict Vessel is a
requirement of the contract.
22. PAYMENT: All payments for the removal and disposal of
each vessel, shall be for the performance of the work as
DV Specs --Page 10
A
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 two partial payments by submitting an invoice for
the number of vessels removed up to the date of the invoice,
providing the Contract agreement does not explicitly
prohibit partial payments. Photographs, disposal receipts,
signed FDEP Disposition Certification form for the vessels
for which payment is being requested.
The contractor understands and agrees that no payment will
be forthcoming for the removal and disposal of any derelict
vessel (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.
In addition, property, public or private, if damaged during
the work or removed for the convenience of the work, shall
be replaced at the expense of the Contractor in a manner
acceptable to the County and the Owner, prior to the final
payment for contracted work.
23. PUBLIC ENTITY CRIMES: Upon entering into the contract, the
Contractor agrees to sign and endorse the Public Entity
Crimes form (attached).
24. NON -COLLISION AFFIDAVIT: Upon entering into the contract,
the Contractor agrees to sign and endorse the Non -Collusion
Affidavit form (attached).
25. ETHICS CLAUSE: Upon entering into the contract, the
Contractor agrees to sign and endorse the Ethics Clause form
(attached).
26. DRUG FREE WORK PLACE FORM: Upon entering the contract, the
Contractor agrees to sign and endorse the Drug Free Work
Place form (attached).
27. 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 11
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a),
FLQ11_10A-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. f
1. This sworn statement is submitted to ���' /o-,/�oE— �nU .✓r /
--� [print name of the public entity]
`�.✓� .r
by
[print individual's name and title]
for
[ rint name of entity submitting sworn statement]
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. I understand that a "public entity crime" as defined in Paragraph 287.133(lxg), 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 er 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(l)(b), Florida Statutes, means a
finding of guilt or a conviction of a public entity crime, with yr 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(l)(9), 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(l)(e), Florida Statutes, means any natural person
or entity organized under the laws of any state or of the United Slates 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 it public entity. The term "person" includes those
officers, directors, executives, partners, shareholders, employees, members, and agents who are active in
management of an entity.
Based on information and belief, the statement which 1 have marked below is true in relation to the entity
submitti this sworn statement. 1Indicate which staternenl applies.1
ZNeither 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.
[signature]
Sworn to and subscribed before me this day of ' 19
Personally known , ..._
OR Produced identification
(Type of identification)
COMW"M d CG3M EXPIRES
11"WA-;(GV
Mfth u 24, 1999
TROY FAIN INSURANCE,
INC.
Notary Public - State of���
My Commission expires
(Printed typed or stamped
commissioned name of notary public)
Form PUR 7068 (Rev. 06/11/92)
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
l 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 Cou y offi er o�i employee.
(signatur )
-�-
Date: 's-
STATE OF
COUNTY OF //lames
Subscribed and sworn to (or affirmed) before
me on —` % �S� ` (date) by
(name of affiant).
He/She is personally known to me or has produced
(type of identification)
I48Mh 24, 1999
NX BONDED THOU TROY FAIN INSURANCE, ;f .'
as identification.
NOTARY PUBLIC
MCPH4 REV. 2/92
DRUG -FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute
287.087 hereby certifies that:
(NO -a- 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 abotit the dangers of drug abuse in the
workplace, the business's policy of maintaining a drug -free
workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be
imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or
contractual services that are under bid a copy of the statement
specified in subsection (1).
4. In the statement specified in subsection (1), notify the
employees that, as a condition of working on the commodities or
contractual services that are under bid, the employee will abide
by the terms of the statement and will notify the employer of
any conviction of, or plea of guilty or nolo contendere to, any
violation of Chapter 893 (Florida Statutes) or of any controlled
substance law of the United States or any state, for a violation
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 faitli effort to continue to maintain a
drug -free workplace through implementation of this section.
As the person authorized to sign
this firm complies fully with the
MCP#5 REV. 6/91
the statement, I certiW, that
above requirement
7
Bidders Signature
Date
of
NON -COLLUSION AFFIDAVIT
Go c, W//
of the -;ity -
according to law on my oath, and
under penalty of perjury, depose and say that;
1) I am ,, :'-�/
the bidder
making the Propos 1 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.
(Signature of idder)
STATE OF
COUNTY OF DATE
�/ //O �/%3�E^`
PERSONALLY APPEARED BEFORE ME, t undersigned authority,
wi
ho, after first being sworn by me,
(nam of individual signing)
affixed his/her signature in the space provided above on this
day of r op19 jc-----_
NOTARY PUBLIC
My commission expires:
Z'V,'r�' tEs GLORIA IC BLANCO
*=My COMMISSION
March 24C 1C ggg EWES
�.
h ;k iiucD TNRU TROY FAIN #M&ANM W
Ar //Gil. E ,FC,aA; l
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
" DATE (11MIDWYI�
VC `� 11/29/94
r
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 POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY
ASK�4ANi1 Insurance Co. of America
BY.
DATE 1 �C /.1
WAIVER: N/IA _-�Ii----YES
GOV
ERAGtS-�{+
THAT THE POLICIES
OF INSURANCE -LISTED BELOW HAVE
BEEN ISSUED
TO THE INSURED
NAMED ABOVE FOR THE POLICY PERIOD
WHICH
THIS
INDICATED,
IS TO CERTIFY
NOTWITHSTANDING
REQUIREMENT,CONDITION
AF AFFORDED
OFCONTRACT
THE POLICIES
DOCUMENT
OR OTHER
DESCRIBED
RESPECT TO
IS SUBJECT TO ALL THETERMS,
CERTIFICATE
MBESED OR
MAY PERTAIN. INSURANCE
POLICIES. LIMITS SHOWN MAY HAVE
BEEN REDUCED
BY PAID CLAIMS.
EXCLUSIONS
AND CONDITIONS OF
SUCH
•
POLICY EFFECTIVE
POLICY EXPIRATION
LIMITS
TYPE OF INSURANCE
POLICY NUMBER
DATE (MMIDDJYY)
DATE (MMIDDIM
L0
GENERAL AGGREGATE
f
GENERAL LIABILITY
PRODUCTS-COMP/OP AGG
$
COMMERCIAL GENERAL LIABILITY
� OCCUR
PERSONAL d ADV INJURY
f
EACH OCCURRENCE
f
CLAIMS MADE
OWNERS d CONT PROT
FIRE DAMAGE (Any one fire)
f
MED EXP (Any one person)
f
COMBINED SINGLE LIMIT
f
AUTOMOBY..E LIABILITY
ANY AUTO
ALL OWNED MHOS
BODILY INJURY
(Per person)
f
SCHEDULED AUTOS
HIRED AUTOS
BODILY INJURY
(Per acdcleM)
f
NON OWNED AUTOS
i PROPERTY DAMAGE
S
ece_v �
AUTO ONLY - EA ACCIDENT
f
GARAGE LIABILITY
OTHER THAN AUTO ONLY:
emu..
ANY Auto
Risk Mgmt. &
Control
EACH ACCIDENT
f
DATE
AGGREGATE
f
INITIAL
EACH OCCURRENCE
f
EXCESS IJABRM
AGGREGATE
f
i
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
STATUTORY LIMITS
';, r�S
WOWMM CO PENSATION AND
EMPLOYERS LIABILITY
EACH ACCIDENT
f
-POLIC
DISEASE Y LIMIT
f _
THE PROPRIETOR! III
PARTNERS/EXECUTIVE
DISEASE - EACH EMPLOYEE
f
OFMERS ARE: EXCL
OTHER
Protection &
Indemnity ROYALAP789 11/10/94 11/10/951 $500,00.0.
DESCRIPTION OF OPERATIONSILOCA ITEMS
'75 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
ACORD 25-S (3193) y.
ACELLATION as ..r - _T
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILUR O MAIL SUCH NOTICE SHAL IMPOSE NO OBLIGATION OR LIABILITY
OF 6�0* THE Ap Y, S AGEN4 OR REPRESENTATIVES.
® ACORD'CORPORATION 1993
JCIYI D1•nMua/rVrtCnNIYU,IIVJ ,IL' 0-01 , I.37 , OIJ0107077" JU7LyL4411,8 I
PERIOD
THIS IS TO OERTIFY THAT THE POLICIES OF lVSIARANCE VOTED BELOW HAVE BEEN ISWW TO THS INSURED NAMED ABOVE FOR THE POVCY
lrotwo. NOTYfiTN ffANDm ANY REOUIREMENT, TERM OR OONDMONOF ANY CONTRACT OR OTHGR DOCUMENT WITH RESPECT TO WHICH THIS
6ERTIFIG►TE MAY BE IOOUED OR MAY PERTAIN, THE IVSUR/WCi AFFORDED ByTHE POLICIES DESCRIBED HEREIN 4SUBJECT TO ALL THE TERMS,
EXCLUSI" AND CONDITIONS OF SUCH POLE LIMITS SHOWN MAY HAVE BEEN REDUCED SY PMD_CLUMB. ...........___._............................................
.............. .......... _....._...................................................._....... ................... .
POLICY IMSCf1Y! 'FOLIC[ @BIATIOx' LBARB
0 - PORJCT N{IM� OAT! OrtM aoM i OATS PI'YI
M�
PU76967 3 24 95 3 24 96 *��ATt ..............:>t300,� Q00
...................
:...X CoRrm1CIAL gowimL wou " ' PROOIICTBCOMNO► Af0 B
NWADN& A ADY. NJURY l
CLAMS IAAD[ oomm _ ..._........ .
..... woHOccum"Di a B3001000.....
oY "w* a CONTPACTOR's PROT. ............................
I" OAM&M Vw wo •mot s
:........: ........ _.. ........ ................
mm Room (xv am en.oiu >f
AA..... o." LIASIJTY
APPROVED BY RISK MANAGEMENt
+® �0�
oumrr
;ANY AUTO
................ ......._....._..-......... _ ......_...................
`Au oY++Mo AUTO*
;.....-...:
BY
DOOLY INJURY
vw,or ..... - ............
IAU0
........
AITOB
DATE
....... .......... _ ............._... ......
_Y
mooLY NQURs
.........SHOlHAm
HON4"Ill) Auros
,
_ .......... ...................
.
.`OARASELIABILITY
I,--
w AVER: N/A./ YES
MpEmrDAMAGE .9
BACH OOCURRENCi i
Glom LMBRITY
- ......
AeORCOATE B
NM A FORM
;<
' OTHBA THAN UMBROAA DORM
STATUTORY L*AITs
GOIIrBII
BAUM Acomff l ..........................
AND
DIlAOI-pouGN tYR..................
ArrLDYEnB• LIA UIT
plsiASFrEAR1 600YC! : s
oceawrnm OP OPHIA if�
COMPANY A IS SPHERE DRAM INSURANCE CO
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS IS ADDITIONAL INSURED BUT ONLY
AS RESPECTS OPERATIONS PERFORMED BY THE NAMED INSURED
— .-• -
SHmn ANY of THE ABOVE DEBCRmD POucm BIE cANcreL BEFORE THE
E)MIRATAON DATE THEREOF. THE I8IR)M COMPANY WILL ENDEAVOR TO
MONROE COUNTY BOARD OF COUNTY : MAIL 3 0 DAYS Wnrn :N NOTICE TO THE CERTIFICATE HOLDER NAMED TO THG
COMMISSIONERS KIM BLANCO LEFT. SITT FAIVIRE TO MAIL SUCH NOTICE BHAIl IMPOBE NO Ol""TbN OR
5100 COLLEGE ROAD LIAIRM OF ANY xm UPON THE COMPANY, ITS AOEM OR MO EOONTA"4M
KEY WEST FL 33040
77;FOREJR DD (B )