DV092016{
# A CONTRACT AGREEMENT
AGREEMENT, MADE THIS_ 2- '��day of fLLSKGL-J d1996, by
and between, Spirit Marine Towing & Assistance ( "Contractor") ,
and the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,
of the County of Monroe, State of Florida ("Board").
The Contractor and the Board, for the consideration named
agree as follows:
1. The contractor shall furnish all the materials and
perform all the work as required by the Specifications for the
emergency removal of DV092016 for which a derelict Gressel&epc 9t
is attached as exhibit A.
2. The work to be performed under this contrac-t-shal z
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commence immediately from the date the Liaison pro -ides to M
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Notice to Proceed and shall be completed by February�29, c'996 ?
4. The work to be performed under the Contract is
contingent upon grant funding'from the Florida Department of
Environmental Protection, Boating Improvement Fund. If this
grant is denied, then no compensation is due under this
contract. The Contractor acknowledges the contingent nature of
the state funding and agrees that, if the grant is denied, the
Contractor may not make a claim for compensation under this
agreement or by way of estoppel, detrimental reliance or
otherwise. The Contractor understands the rules of the
Department of Environmental Protection and shall comply with
those rules, along with the rules and procedures instituted by
the Board to ensure an orderly progress to the project.
Both the intent and the requirements of the specifications are
understood by the Contractor.
5. The Board shall pay the Contractor $ 957.00 for the
removal and legal disposal of derelict vessel DV092016. 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 covenants and agrees to indemnify
and hold harmless the Monroe County Board of County Commissioners
from any and all claims for bodily injury (including death),
personal injury and property damage (including property owned
by Monroe County) and other losses, damages, and expenses
(including attorney's fees) which arise out of, in connection
s
with, or by reason of services provided by the Contractor or any
of its Subcontractor (s) in any tier occasioned by the
negligence, errors, or other wrongful acts or omissions of
the Contractor, its Subcontractor (s) in any tier, their
employees, or agents. The purchase of the insurance required
in paragraph 13 does not vitiate this indemnification provision.
8. 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.
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9. The Contractor must inform the County and the Florida
Marine Patrol prior to initiation of work.
10. The parties agree that timely performance of this
agreement is essential due to possible damage to the natural
resources, hazards to navigation, or threats 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 2-29-96 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.
11. Due to the use of heavy equipment and, at times,
dangerous work environment, the Contractor understands and
agrees to maintain an alcohol and drug free work environment.
13. The CONTRACTOR will be responsible for all necessary
insurance coverage as indicated by an "X" on the attached forms
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identified as INSCKLST 1-4, as further detailed of forms
WC1, WCJA, GL1, VL1, WL1, & POL1 attached Exhibit C. All
policies must list Monroe County as additional insured with the
exception of the Worker's Compensation policies.
14. A person,or affiliate who has been placed on the
convicted vendor list following a conviction for public entity
crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract
with a public entity for the construction or repair of a public
building or public work, may not submit bids on leases of real
property to public entity, may not be awarded or perform work
as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity, and may not transact business
with any public entity in excess of the threshold amount
provided in Section 287.017, for CATEGORY TWO ($10,000) for a
period of 36 months from the date of being placed on the
convicted vendor list.
15. 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 Termination.
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IN WITNESS WHEREOF the parties hereto have executed this
Agreement to day and year first written ab
BY:
t, -'A"i-
i t I e.9 Ss .r:-M
(Seal)
Attest:
Witness
eW2 E
Firm
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
— C
BY: � 7
Mayor Chairman or
( Seal ) AttesDANNY L. KOLMAd, LIB
FMR
DEC-03-1995 11:46 FROM FLA. MARINE PATROL DIST-9 TO
INCIDENT REPORT NARRATIVE CONTINUATION REPORT A
813052924417 P.02
Exhibit A
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Officer(s) Reporting (please print) Offlcar's S nature Date
J`'l.g *-Z--I—
Reviewed By: Reviewer's Signature Data
Citation Number Number Arrested OBTS Number Odgirm 0
Supplement 0
OEP 260L5A (SMI Page of
DEC-04-1995 10:49 FROM FLA. MARINE PATROL DIST-9 TO
i
OFFENSE INCIDENT REPORT NARRATIVE CONTINUATION
813052924417 P.01
ZONE 2
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1. REG. I'. S wvrr,cS LENGTH %8 FT.; MAKB i Q -+ +�-
----............. .............................................. ............. _................................... _.._..
HULL MATERIAL: WOOD F/G METAL OTHER MOTOR ATTACHED "-0
NAME ON VESSEL t-.o.,,� ; OTHER IDENTIFIERS t3wE t-ovy-pt... CPA tt�_;
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2. VESSEL OWNER:
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3. EXACT LOCATIONS
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4. CONDITIONt WRECKED L-- ;JUNKED ;DISMANTLED .—;ABANDONED
5. BUBMEAQED
CAPSIZED ✓ ;LISTING ;IN 2.- FT. OF WATER
......................... .._ -- ....................----.-........-_.......----.-
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AFLOAT sa �„-
OR ON SHORE, TOUCHING MEAN HIGH WATER LINE Y i
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6. PROPERTY OWNER:
.............................. ...... ....................... ... .... _
_ _------------ .--------- .... ............... ................................................ _.... _........... _......... ................................... .
STATE OF FLORIDA YES ..-� NO
........ ............ .... ................ ........... .................... .... .................................... ...... ................................................... ....................... ..
OR
.......... . .................................................. ...........................
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9. NAVIGATION THREATENED? YES — NO
........................ _.._...... ....... ...............--
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_-.»_................................. _........ _.................... ...................... _ ............_ ...._...... _...__..._..........------ ----- ----- ...... .... ................................
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10. ENVIRONMENT EN15AVGERED? YES — / NO
_.«... ».«.«. «..»......_»...._ -...»...._................................. - - --.............................. I ............ ....... I ...................... .................. ............. .......
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11. TOWED WITHOUT REPAIR? 'VES NO -,-- UNKNOWN
12. RECOMMENDED DISPOSITION: LANDFILL G;ARTIFICIAL REEF ;OTHER
............... .......»... ....... ................. ....... ... ......................................... ....... ..................... ....................................................... --.................................... ».............. ......................
O(Qoer(s) Reporting (please print►
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DATE t2_3-45
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Supplement 0
DEC-04-19V, io.
OFFENSE INCIDENT REPORT NARRATIVE CONTINUATION ZDNF. Z
OMt 20-045A fMr (01911 re0e Z_ of 3
TOTAL P.02
DEC-04-1995 10:50 FROM FLA. MARINE PATROL 1-y TO
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Exhibit B
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 as many
derelict vessels on the primary list for which a Florida
Marine Patrol Derelict Vessel Report is provided as funding
will allow. 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 thefright 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 derelict 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
trig 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 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 gompetent 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
presswork 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 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 (10) 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. Federal Jones Act Coverage
C. General Liability Insurance on a comprehensive basis, in an
amount not less than $500,00.00 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
$300,000 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 be listed as "Additional Insured" on all
policies, except for Worcker'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 within one week
from the date,on the "Notice to Proceed" letter.
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)
DV Specs --Page 6
calendar days prior to the Contract expiration date.
Provided further that the Contractor shall within ten (10)
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 arriving 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 tc
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 event that this occurs
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,
DV Specs --Page 7
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 and during and after termination of the contract.
13. CONTRACT AWARD: The County reserves the right to evaluate
the submitted bids to award a contract to the bidders
submitting the lowest per foot bid for the derelict vessels
listed in the bid package as one project and for which a
Florida Marine Patrol Derelict Vessel Report is included.
One bid will be accepted and a contract issued for the total
removal of all listed derelict vessels as one project, up to
the limit of available funds.
The actual number of vessels to be'removed will depend on
the accepted per foot bid price and the available funds.
14. PRESSWORK CONFERENCE: A meeting will be necessary
involving a representative of the County, the Contractor and
other parties with direct involvement prior to the signing
of the contract. The time and place of this conference will
be set by the County representative. At this time the
Contractor shall provide the County with a schedule as to
the order in which he proposes to remove the vessels awarded
to him.
15. CONTRACT SECURITY: The contractor is expected to act and
deliver in good faith all work, at the agreed price, in the
allowed time. Failure to do so, could jeopardize the
contractor's reputation with the County and potentially
influence any future contracts with Monroe County.
16. EXECUTION OF CONTRACT DOCUMENTS: Due to the time frame
involved with this project, the Contractor upon notification
that he is to be awarded the contract documents for
execution, shall return said documents properly executed
along with insurance within TEN WORKING DAYS. With the
Contractor's 000peration, 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
DV Specs --Page 8
awarded the contract.
If for any reasons, 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 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 within one week of the date of the Notice
to Proceed letter 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 vessels to the
disposal site. It is the intent of this contract to
remove derelict vessels from their present site and legally
dispose of them. Upon receipt of vessels at the landfill,
They must be disposed of immediately.
There are several Monroe County disposal sites, Cuddle
Landfill, MM 21 (vessels must be 26' and under to be
delivered in tact, over 26' they must be broken up), Long
DV Specs --Page 9
Key Landfill MM 68, and Card Sound Road aka SR905 other
landfills in neighboring counties or any other location for
disposal as long as the site is a legal licensed disposal
site. Prior to transportation of vessels out of County the
County representative must approve. Vessels being disposed
of at County Landfill sites must be free of pollutants and
engines.
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. 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. This information must accompany
billing.
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 offdisposal (i.e., building or sign
identifying disposal site). The derelict vessel number, when
possible, 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
DV Specs --Page 10
each vessel, shall be for the performance of the work as
stipulated in these specifications and associated
contractual documents. The unit rate of bid shall be totally
inclusive for all phases of the operation. Contractor may
request 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.
NON -COLLISION AFFIDAVIT: Upon
entering into the
contract,
the Contractor agrees to sign
and endorse the
Non -Collusion
Affidavit form (attached).
24.
ETHICS CLAUSE: Upon entering into the contract,
the
Contractor agrees to sign and
endorse the Ethics
Clause
form attached).
25.
the
DRUG FREE WORK PLACE FORM:
Upon entering
the contract,
Contractor
agrees to sign and
Place form (attached) .
endorse the Drug
Free Work
27. DERELICT VESSELS AT ISSUE: The derelict vessels listed on
the Derelict Vessel Working List for 1996 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
Exhibit C
April 22, 1991
1M Priming
MONROE COUNTY, FLORIDA
INSURANCE CHECKLIST
FOR
VENDORS SUBMITTING PROPOSALS
FOR WORK
To assist in the development of your proposal, the insurance coverages marked with an "X" will
be required in the event an award is made to your firm. Please review this form with your
insurance agent and have him/her sign it in the place provided. It is also required that the bidder
sign the form and submit it with each proposal.
WORKERS' COMPENSATION
AND
ENVIPLOYERS' LIABILITY
X Workers' Compensation
WC] Employers Liability
WC2 Employers Liability
WC3 Employers Liability
WCUSLH US Longshoremen &
Harbor Workers Act
WCJA X Federal Jones Act
Statutory Limits
$100,0003500,000/$100,000
$500, 000/$500, 000/$500, 000
$1,000,000/$1,000,000/$1,000,000
Same as Employers'
Liability
Same as Employers'
Liability
Adminkmtive ]ndnsdion
N4709.01
INSCKLST
6
Aptit 22, 199.1
1 XI 1,611(ing
GENERAL LIABILITY
As a minimum, the required general liability coverages will include:
• Premises Operations 0 Products and Completed Operations
• Blanket Contractual Personal Injury
• Expanded Definition
of Property Damage
Required Limits:
GLI X $100,000 per Person; $300,000 per Occurrence
$50,000 Property Damage
or
$300,000 Combined Single Limit
GI-2 $250,000 per Person; $500,000 per Occurrence
$50,000 Property Damage
or
$500,000 Combined Single Limit
GI-3 $500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
Required Endorsement:
GLXCU Underground, Explosion and Collapse (XCU)
s
GLL1Q Liquor Liability
All endorsements are required to have the same limits as the basic policy.
naminiamlive hMnw_1jM INSCKLST
N4709.01 I
7
April 22. 1991
1M 14in1inr
VE} LICLE LIABLLITY
As a minimum, coverage should extend to liability for:
• Owned; Nonowned; and Hired Vehicles
Required Limits:
VL 1 X
VL2
VL3
MVC
PRO
PR02
PR03
POLI
POL2
POL3
ED1
ED2
GKl
GK2
GK3
MED I
MED2
MED3
X
$50,000 per Person: $100,000 per Occurrence
$25,000 Property Damage
or
$100,000 Combined Single Limit
$100,000 per Person; $300,000 per Occurrence
$50,000 Property Darnage
or
$300,000 Combined Single Limit
$500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or -
$1,000,000 Combined Single Limit
MISCELLANEOUS COVERAGES
Builders'
Limits equal to the
Risk
completed project.
Motor Truck
Limits equal to the maximum
Cargo
value of any one shipment.
Professional
$ 250,000 per Occurrence/$ 500,000 Agg.
Liability
$ 500,000 per Occurrence/$1,000,000 Agg.
$1,000,000 per Occurrence/S2,000,000 Agg.
Pollution
$ 500,000 per Occurrence/$1,000,000 Agg.
Liability
$1,000,000 per Occurrence/$2,000,000 Agg.
$5,000,000 per Occurrence/$10,000,000 Agg
Employee .
$ 10,000
Dishonesty
$100,000
Garage
$ 300,000 ($ 25,000 per Veh)
Keepers
$ 500,000 ($]00,000 per Veh)
$1,000,000 ($250,000 per Veh)
Medical
$ 500,000/$ 1,000,000 Agg.
Professional
$1,000,000/$ 3,000,000 Agg.
$5,000,000/$10,000,000 Agg.
Admini%trativc Jammaion INSCKLSt'
#4709.01 1 K
Apti1 22. 1993
Ih 1'rinfing
IF
Installation
Maximum value of Equipment
.
Floater
Installed
VLPI
Hazardous
$ 300,000 (Requires MCS-90)
VLP2
Cargo
$ 500,000 (Requires MCS-90)
VLP3
Transporter
$1,000,000 (Requires MCS-90)
BLL
Bailee Liab.
Maximum Value of Property
HKL1
Hangarkeepers
$ 300,000
HKL2
Liability
$ 500,000
H KL3
$ 1,000,000
AIR]
Aircraft
$25,000,000
AIR-2
Liability
$ 1,000,000
AIR-3
$ 1,000,000
AEOl
Architects Errors
$ 250,000 per Occurrence/$ 500,000 Agg.
AE02
& Omissions
$ 500,000 per Occurrence/$1,000,000 Agg.
AE03
$ 1,000,000 per Occurrence/$3,000,000 Agg.
WLI %
Watercraft Liability
$500,000
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder
named below. The following deductibles
apply to the corresponding
policy.
POLICY
DEDUCTIBLES
Liability policies are _ Occurrence _ Claims Made
Insurance Agency Signature
BIDDERS STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all the requirements.
Bidder Signature
ndminimativc lmiruction INSCKLS'r
#4709.01 # 9
Apt it 22. 1993
Ist I'rioing
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida and the company or companies must maintain a minimum rating of A -VI, as
assigned by the A.M.. Best Company.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self -
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
Administrative Iratruclion WC 1 1
94709.1 t
WORKERS' COAIPENSATION
INSURANCE REQUIREN[ENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract involves Maritime Operations, the
Contractors Workers' Compensation Insurance Policy shall include coverage for claims subject to
the Federal Jones Act (46 U.S.C.A. subsection 688) with limits not less than those specified for
Employers Liability.
The Contractor shall be permitted to provide Jones Act Coverage through a separate Protection
and Indemnity Policy, in so far as the coverage provided is no less restrictive than would have
been provided by a Workers' Compensation policy.
s
Adminictrativc Instruction WCJA
#4709.1
84
Ahtil 22. 199.1
1st Printing
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the et%ctive date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
AdminiNativc Irnirvdion G L I
#4709.1
54
April 22. 1993
1c1 Priming
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
n70NROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimum, liability coverage for:
• Owned, Non -Owned, and hired Vehicles
The minimum limits acceptable shall be:
$100,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 50,000 per Person
$100,000 per Occurrence
$ 25,000 Property Damage
The Monroe County Board of County Commi§sioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
Adminislrativc IrAnidion V L 1
§4709.1 75 .
Apit 22. 1991
lnt 1`rinling
POLLUTION LIABILITY
INSURANCE REQUIREMENTS
FOR
-- CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract involves the storage, treatment, processing,
or transporting of hazardous materials (as defined by the Federal C:nvironlnental Protection
Agency), the Contractor shall purchase and maintain, throughout the life of the contract, Pollution
Liability Insurance which will respond to bodily injury, property damage, and environmental
damage caused by a pollution incident.
The minimum limits of liability shall be:
$500,000 per Occurrence/$1,000,000 Aggregate
if coverage is provided on a claims made basis, an extended claims reporting period of four (4)
years will be required.
11
Admini4ralive Imtrudion POL 1
94709.1 69
April 22. 1993
1st 14inling
WATER CRAFT LIABILITY
• INSURANCE REQUIREMENTS
FOR
CONTRACT
BET'N'1'EEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Water Craft Liability Insurance with terms no less restrictive than those found in the
standard "American Institute Hull Clauses"(June 2, 1977 edition). Coverage shall be
maintained throughout the life of the contract and include, as a minimum:
• Injury (including death) to any Person
• Damage to Fixed or Movable Objects
• Costs Associated with the Removal of Wrecked Vessels
• Contractual Liability with Respect to this Contract
If the policy obtained states that coverage applies for the "Acts or Omissions of a Vessel"
it shall be endorsed to provide coverage for the legal liability of the shipowner.
The minimum limits acceptable shall be:
$500,000 Combined Single Limit (C$L)
Coverage pro\,ided by a Protection and Indemnity Club (P&I) shall be subject to the
approval of the County.
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
Administrative 1rtgntoicm WL I 1
#4709.1 RG _
NON -COLLUSION AFFIDAVIT
Jett3r of according
under penalty of perjury, depose and say that;
1) 1 am_
the Proposal for
741-
projec described as follows:
of the
to law on my oath, and
the bidder making
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 saiWp
. t.
STATE OF Fo 'P
(Signature of idder)
COUNTY OF <��o�� ��h
f hL,
DATE
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
��, .✓�i 7—� ^��' ho, after first being sworn by me, (name of
individual signing) affixed his/her signature in the space provided above on this
7 C
�` 7 day of -�Uh i ' , 19 I i"
�• ,..NNI.• ••• I K .
NOTARY PUBLIC '�� iii[[[FFA�*_� �'�#S
Merr;li 24 1999
,p „y BCNDE0 PW 7N0Y FM NIBURANCE. RIC.
My commission expires:
UV\:A K. BU4N00
CC4350 EXPIF S
: ry t. 24, 1999
y FAIN WMANCE. MC.
MCP # 1
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 Co officer or employee.
( gnature)
Date: / i A?41
IF I
STATE OF /C74'
COUNTY OF
PERSONALLY APPEARED BEFORE ME,the undersigned authority,
_3f9,- 7" who, after first being sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this / Z�day of
rrcJir19
NOTARY PUBLIC
My commission expires:
" I,
`GLORIA K MANGO
MCP#4 � W COWA iet�� ccass� DMaEs
� 24,1999
DRUG -FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
'�i�1,
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispens-
ing, possession, or use of a controlled substance is prohibited in the workplace and specifying the
actions that will be taken against employees for violations of such prohibition.
2. 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
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 occurring in the workplace no later than five (5)
days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee who is
so convicted.
6. Make a good faith effort to continue to maintain a drug -free workplace through implementation
of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
Bidder's Si nature
/, ) ? 6
Date
MCP#5 REV. 6/91
SHOULD ANY OF THE ABOVE DE&CRBED POU NG BE CANOELLED OEPORE THE
EXPIRATION DATE THEREOF. THE WSUNO OOWANY WRL ENDEAVOR TO
MONROE COUNTY BOARD OF COUNTY MAL 3 0 OAYs wRRTEN N0T10E TO THECERTIFICATE+ ""' TNF
COMMISSIONERS KIM BLANCO LEFT, Bur FA0.1M TO MAL 8UGH NmiCE SHAM WPM NO°6��' OR
5100 COLLEGE ROAD UASKM OF ANY KM UPON THE COMPAW, AaENTt II"11EiEt1TAT1VEB
KEY WEST FL 33040AUVpre
DD i B i
HARR
Y FOREJR
itS� Ye-t7�rlet::
.......................
PRODUCER to'
PROFESSIONAL INSURANCE CTR
2003 W KENNEDY
TAMPA FL 33606
���/� DATB M/D (M D
[, � nY)
01
h.
12
9
THIS CERTIFICATE IS ISSUED AS A MATTER OFINFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTENDOR
ALTER THE COVERAGE AFFOI(DED BY THE POLICESBELOW.
UOMPANIES AFFORDING COVERAGE
COMPANY
A _ BANKERS & SHIPPERS
DUKE PONTIN DBA SPIRTT TOWING COMP
ANY
PO BOX 244
BIG PINE KEY FL 33043
THIS ::>r.:.»:::>i'
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
T TYPE OF INSURANCE POLICY EFFECTIVE POLICY EXPIRATION
LTR POLICY NUMBER DATE (MM/DD/YY) DATE LIMITS
(MM/DD/7'1')
GENERAL LIABILITY
S
COMMERCIAL GENERAL LIABILITY GENERAL AGGREGATE
CLAIMS MADE ❑OCCUR �F PRODUCES - COMP/OP AGG S
PERSONAL & ADV INJURY S
OWNER'S & CONTRACTOR'S PROT
EACH OCCURRENCE
j
FIRE DAMAGE (Arty ane fire)
S
RiED U(P (Arty ooc person)
j
AUTOMOBILE
ELIABILITITv
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
CFL7376695
APPROVED BY RISK MA
BY
11/06/95 � 05/06/96
AGEMENT
COMBINED SINGLE LIMIT
300,000
S
X
BODILY INJURY
(Pr peraon)
f
BODILY INJURY
(Per accidcnl)
S
PROPERTY DAMAGE
f
GARAGE LIABILITY
ANY AUTO
)
/
• "' C 4 (J / 11
'�
AUTO ONLY - EA ACCIDENT
S
OTHER THAN AUTO ONLY:
EACH ACCIDENT
f
AGGREGATE
S
EXCESS LIABILITY
UMBRELLA :ma
RM
OTHER THAN UMBRELLA FORM
ReCeiV
:
Risk1\49mt. &
ss Control -
EACH OCCURRENCE
j
AGGREGATE
j
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
THE PROPRH:IOR/
PARTNE A. ECUTIVE INCL
OFTIC'nP..". A.W: EXCL
DATE
INITIAL _-
_
STATUTORY LIMITS
S
EACH ACCIDENT
j
DISEASE - POLICY LIMIT
f
DISEASE - EACH EMPLOYEE
S
OTHER
-
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESBPECIAL ITEMS
77 CHEVY DUMP SN #CCE617V122462
ADDITIONAL INTEREST: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ATTN: KIM MCGEE
5100 COLLEGE
KEY WEST, FLORIDA 33040
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TOAAIL
10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THFEFT,
BUF FAILURE WR
ICE L I S NO OBLIGATION OLIABILITY
OF ANY I CENTS OR REPRESENTATIVES.
AUTHORIZ .
BO S ON TB A