Item B3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 06-15-00
Division: Growth Management
Bulk Item: YES X NO
Department:Marine Resources
AGENDA ITEM WORDING: Approval of the Contract Agreement between Monroe
County and Blue Water Marine Inc., for the emergency removal of DV3A3209 located
of off Long Key.
ITEM: The National Park Service is requesting immediate removal of this vessel due
to it posing a threat to navigation and causing severe damage to the seagrass. Two
quotes received ASAP, Inc.-$21,000 and Blue Water Marine, Inc.-$5,376.oo.
PREVIOUS RELEVANT BOCC ACTION: Grant Agreement with FWCC approved
4-20-00 .
STAFF RECOMMENDATION: Approval
TOTAL COST: $ 5,376.00
BUDGETED:
COST TO COUNTY:Staff Time Only
100 % Grant Funding
REVENUE PRODUCING: YES
NO X AMT. PER'MO.
YEAR
APPROVED BY :COA TTY 2l OMB/PURcrASING X
DEPARTMENT HEAD APPROVAL:
Geor
DMSION DIRECTOR APPROVAL:
Timothy J. McGarry-Division
DOCUMENTATION: INCLUDED:~ TO FOLLOW:_ NOT REQUIRED:_
DISPOSITION: AGENDA ITEM # d -/33
MONROE COUNTY BOARD OF COUNTY COl\IMISSIONERS
Contract with:
CONTRACT SUMMARY
Contract #
Blue Water Marine. Inc.
Effective Date: / /
---
Expiration Date: _/ _/---.:.
Contract Purpose/Description:
Rpmnv~l nf_nV1?OQ
Contract Manager:
Kim McGee
(Name)
4511
(Ext.)
Marine Re!'lollr(,~!'l-MP Sp('!-inn
(Department)
for BOCC meeting on 6 ./ 15 / 00
Agenda Deadline: 5 / 25 / 00
Total Dollar Value of Contract: $
Budgeted? Yes No
Grant:$ 5,376.00
County Match: $ N 1 A
CONTRACT COSTS
5 .376 .00 Current Year Portion: $
Account Codes: - NEW
5,376.00
Estimated Ongoing Costs: $
(Not included in dollar value above)
ADDITIONAL COSTS
N/ A /yr For:
(eg. maintenance, utilities, janitorial, salaries, etc.)
Division Director
CONTRACT REVIEW
Changes
Date In Needed
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County Attorney
,
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Comments:
OMB Furm Revised 8/30/95 Mer #2
Growth Management Division
RESOLUTION NO. 2000
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, AUTHORIZING AN ALLOCATION FROM THE BOATING
IMPROVEMENT FUND FOR THE EMERGENCY REMOVAL OF DV3A3209
LOCATED OFF OF LONG KEY, MONROE COUNTY.
BE IT RESOLVED, by the Board of County Commissioners of Monroe County,
Florida, as follows:
1. That said Board has been notified of the availability of funds from the Monroe
County Boating Improvement Fund for the emergency removal of DV3A3209,
located off of Long Key, Monroe County.
2. That the Growth Management Division, Marine Resources-Marine Projects
Section acting for Monroe County has determined the eligibility of this project
for the use of Boating Improvement Funds. Project amount is $5,376.00.
3. That said Board hereby directs the implementation of this project by the Marine
Projects Coordinator.
PASSED AND ADOPTED by the Board of Co~nty Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on_day of
A.D., 2000.
MAYOR Shirley Freeman
COMMISSIONER Wilhelmina Harvey
COMMISSIONER George Neugent
COMMISSIONER Nora Williams
COMMISSIONER Mary Kay Reich
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
MA YOR/ COMMISSIONERS
(Seal)
Attest:
Clerk
FROM: AVINS)))))HOLESALE
PHONE NO. : 3052527955
Mar. 27 2000 06:30AM Pl
'11111.11111 Mlllinll "mell'
P.O. BOX9017t6
HOMESTEAD, FL 33090
AKA, TowBOAT/US SOVIH DADE
PHONE 305230 3090
FAX 3015 230 0030
March 26. 2000
QUOTE
BILLED TO;
Monroe County Marine Projects
5100 College Road
Key West., Florida 33040
FMP I.D.#
DV -3209
DESCRIPTION
Wood Sailboat
LENGTH
42'
$128.00 FT
1L<=>1f~....................'..""""""".".".."'".........~~~jr~.()O
1. This is a quote for the removal and disposal of one 42' sailboat located at
pontoon banks, north west of long key.
Rcspectfu1ly Submitted,. # / .. / /
Capt. Jj'L 7~
c
THANKS FOR USING BLUE WATER MARlNE,INC.
PROPOSAL SUBMlTI'ED TO
Marine Couaty Projec:IB:
Kim McOee
DATE:5-1-2000
JOB NAME DV 113209
STATE: fL
WE HEREBY SUBMIT SPECIFICATIONS AND ESTIMATES FOR:
Removal and Disposal of 42' Sailboat within 60 days of lICCCJ*IlClC of propasaJ.
Price: $21,000.00
All mlltcria1 is guanmtclcld to be as spccificcS. AU wart to be camp1Dcl in a ~mlib 1DlIDIlt!l" accord.iDs to
sCaod.d pI'aCtica. Any altendion or dmation &om abow specifiClltions iDvoIving exIra costs. will be ~
oaly upclIl wriIIcD mScn. aad will became 8D 8XIra cbarp over IIId above the estim* All ~ CIIllIltiacart
upon SIIila:s. acddcats GI' delays be)'alCI aur ClODtrol Thi$ pI'OpOS8l subject to ~ within sixty (60) days
lIDd is ~ thereafter sa the opIiga of the UIldetsipcd.
-~fly~
............................................................................................
ACCEPTANCE AND PROPOSAL
The abcwe pri... spccificacioDs and ~ons an hereby accepted. You.. audlcrized to do the wort as
IpCCifiecl Payment will be made as outIiacd ~
A<X:U-'alb:
Sipature:
DICed:
Sigmdurc:
CONTRACT AGREEMENT
AGREEMENT, MADE THIS
day of
2000, by and
between, Blue Water Marine, Inc. ("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 DV03A3209 for
which a Florida Marine Patrol Derelict Vessel Report is attached as Exhibit A.
2. The work to be performed under this contract must be completed by June 30,
2000.
.
3. The Contractor understands the rules of the Florida 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, attached as Exhibit B, are understood by the Contractor.
4. The Board shall pay the Contractor $ 5,376.00 for the removal and legal disposal of
DV03A3209. Payment will be upon completion of work by the Contractor and review and
approval by the Marine Projects Coordinator. No Change Orders allowed.
5. The attached Derelict Vessel Reports, Specifications, and the Monroe County Insurance
Requirements together with this Agreement, form the Contract. They are fully a part of this
Contract as if repeated herein verbatim.
6. 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 the County) and
1
other losses, damages, and expenses (including attorney's fee~) which arise out of, in
connection with, or by reason of services provided by the Contractor or any of its
Subcontractor (s) in any tier, their employees or agents. The purchase of the insurance
required in paragraph 11 does not vitiate this indemnification provision.
7. The Contractor agrees to supply the County with a set of photographs of each vessel in
all phases of the removal and disposal process. The Contractor will be responsible for the
camera, film, and development costs.
8. The Contractor must inform the County and the Florida Marine Patrol prior to initiation
of work.
9. The parties agree that a 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 6-30-00 that 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.
10. Due to the use of heavy equipment and, at times, dangerous work environment, the
Contractor understands and agrees to maintain an alcohol an drug free work environment.
11. The Contractor will be responsible for all necessary insurance coverage as indicated by
an "X" on the attached forms identified as INSCKLST 1-4, as further detailed on forms VL1,
WCl, WCJA, GL1, WLl, & POLl attached as Exhibit C. All policies must list Monroe
County as additional insured with the exception of the Worker's Compensation policy.
12. The Contractor warrants that it has not employed, retained or otherwise had act on its
behalf any former County officer or employee subject to the prohibition of Section 2 of
Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of
Ordinance No. 020-1990. For breach or violation of this provision, the owner may, in its
2
discretion, tenninate 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 fonner County officer or employee.
13. 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 perfonn 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 of the Florida
Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
IN WITNESS WHEREOF each party hereto have executed this Agreement the day and
year first written above.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
Mayor/Chainnan
Witness: --;{~
Witness: ~
Business Name: ~ ~ ..##"""'-
By: ;;//L_ _
Title: ;/?~
3
EXHIBIT A
INCIDENT REPORT NARRATIVE CONTINUATION
ZONE:
NPS CASE 1199-2698
DERELICT VESSEL 3A- 3209
INCIDENT NO. 00-3A- 42.. OG
1. REGIDOC#: FL 8308 FG LENGm: ~Fr. MAKE: ALDEN TYPE: SAILBOAT
HULLMATERIAL: WOOD~ F/G_ METAL(SPECIFY) RUBBER_ OTHER (SPECIFY)
COLOR: WHITE MOTORA'ITACHED: YESL NO_ TYPE H.LN.: NA
NAME ON VESSEL: none OTHER IDENTIFIERS: none ALIEN:_
2. VESSELOWNERlCUSTODlAN: NEICE, Michael Leonard D.0.8. 07 126 152
ADDRESS: ROO 1Sth ST Ocean CITY/STATE/ZlP: Marathon FL 33052
3. PHYSICAL LOCATION OF DV: Pontoon Bank. North west of Long Key near Yacht Charmel
LA TITUDE:/LONGITUDE (DEGREES, MINUfES, SECONDS) Lat 24. 54. 08N Long 080. 51. 28W
4. CONDITION: WRECKED_ JUNKED_ DiSMANTLED_ ABANDONED~ AGROUND~
BROKEN UP _ BURNED_ CAPSIZED_ LISTING-L SCUTTLED
5. SUBMERGED:--1L%DEPTH: 2.5 Fr: ANCHORED_ DOCKED AFLOAT_ADRIFT
IN WETLANDS_ TIED TO OBJECT(SPECIFY) MARKED WITH BUOY
WASHEDASHORE BELOW M.H.W.L.' ABOVEMH.W.L. OTHER
6. CAUSE: UNK_ NATURALDISASTER_ OTHER_ (EXPLAIN)'
7. PROPERTY OWNER: STATE SUBMERGED LAND_ FEDERAL PROPERTYL OTHER (SPEcn:Y)
OWNER/ADDRESS EVERGLADES NATIONAL PARK 40001 ST RD 9336 Homestead FL 33034
8. TIIREATTO NAVIGATION: YES....x.. NO_ UNK_ HOW
9. DANGER TO ENVIRONMENT: YES X NO UNK HOW
- - -
10. TOWED WITIlOUT REPAIR: YES_ NO_ UNKl OTHER
11. RECOMMENDED DISPOSITION: LEAVE AS IS_ TAKE TO LANDFILL X RECYCLE METAL_
HAVE THE OWNER/CUSTODIAN REMOVE IT_ TURN OVER TO ANOTI-IER AGENCY
MARINE HABITAT/ARTIFICIAL REEF_OTHER
12. NARRATIVE / Dn.IGENT SEARCH: (EXPLAIN) I have a ttemnted to contact NEICE by mail and have
sent registered letters to all mown addresses. All letters have been returned. NEICE
;c:: n~li~m::>n to hp livin~ on R. boat at the address listed above. I will be attemJ;>ting t
contact NEICE at his residence and serve him with a criminal stmIIlons to appear m cour .
13. REPORTING AGENCY: F.W.C.C._ U.S.C.G._ N.P.S.L U.S.F.W.S._ U.S.B.P. S.O._ OTHER
14. DV t# PAINTED ON VESSEL: -1L NOTICE DECAL PLACED ON DV:_ 4 DV PHOTOS INCLUDED: X-
Offic:a(s) Reporting (please print)
ROBERT BRUCE GANIT
Officer's Sip
\ .
nlJ7:U-'
Date
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/-, sh.>sle/ Pi)
7r
'.Sipatunl ~5,
'aa-\.G. l ~~
Ollie Report
Completed
OOTS Nwnbcr
Original
Supplement
FWCC 20-045A (1/00) V.L
Page I of 3
\1.-'-0.
INCIDENT REPORT NARRATIVE CONTINUATION
DF.RF.I.leT VF.SSF.I. #3A
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OOica'lI Signa1un: '\2..
Reviewed By:
Rcviewa's Sigoature
FWCC 20-04SA (9199) VL
Page 2 of 3
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Flamingo Ranger
Station
Memo
To: KIM MCGEE, Marine Projects Coordinator
From: R. Bruce Gantt, Par1<. Ranger
cc: Flamingo District Ranger
Date: 03120/00
Re: Derelict Vessel
Enclosed is the Derelict vessel report for a 42-ft sailboat that has been abandoned inside the
boundaries of Everglades National Par1<.. The vessel was discovered aground on 10/31/99 in the
vicinity of Yacht Channel near Long Key. Efforts to contact the owner by mail have not been
successful. I intend to contact the subject at his residence or place of wor1<. and serve him with a
criminal summons to U.S. District Court on numerous Federal charges. If I can be of any assistance,
please contact me at:
Flamingo Ranger Station
941 ~95-3096
941 ~95-3094
FAX. 941 ~95-3094
The vessel has already done significant damage to seagrass beds in the area. Removal of the vessel
would eliminate a navigational hazard and enable the par1<. staff to restore the sea grass.
. Page 1
EXHIBIT B
DERELICT VESSEL REMOVAL CONTRACT SPECIFICATIONS
FOR MONROE COUNTY, FLORIDA
I. INTENT: It is intended that these specifications shall cover all aspects of the work.
The purpose of this section is to provide specific conditions applicable to this
contract where such coverage is not provided in other portions of the documents.
2. BID FORMAT: 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 and as funding will allow. Any deviation from this
format will result in an unaccented 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 disposal 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, navigational 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
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 (I) 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 of all laws
for payment to be made.
It is understood that the Contractor has, by personal examination and inquiry, if
necessary, satisfied himself as to 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. '
The 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 vessels 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 cannot 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.
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.
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 arrangement 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.
2
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 handlers will be supplied by the Monroe
County Solid Waste Department. Metal becomes the property of the Contractor.
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 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.
If any property is 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 prohibited in carrying out the project.
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 Moines due or to
become due thereunder, may be assigned by the Contractor without the prior
written approval of the County.
3
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 relation between any subcontractors shall abide by
the terms, conditions, and requirements of this Contract. It is the responsibility of
the Contractor to pay all debt obligations incurred with subcontractors in an
expedient manner.
8. LEGAL RESTRICTIONS, PERMITS AND TRAFFIC PROVISIONS: The
Contractor shall comply with all applicable local, State and Federal requirements
pertaining to the terms of this Contract. The Contractor will be responsible for
obtaining, at his own expense, any licenses or permits that may be required and
should inquire about permit requirements with the appropriate agencies. The
Contractor shall comply with all the requirements of the Federal Pollution Control
Act.
The Contractor shall conduct his operations so that he shall not close any
thoroughfare nor interfere in any way with traffic on highways, or on water,
without the written consent of the proper authorities. Work shall be done at any
time that shall not interrupt or disturb members of the public.
Utilization of off-loading sites located on private property (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 results from removal
of any contracted derelict vessels.
9. INSURANCE: The Contractor must obtain 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.
4
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 Fl. Statutes
b. Federal Jones Act Coverage
c. 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 Damaged combined.
All insurance policies required above shall be issued by companies authorized to do
business under the laws of the state of Florida. The MONROE County Board
of County Commissioners must be listed as "Additional !nsured" on all policies,
except for the Worker's Compensation policy.
1 O. 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 enforceable causes beyond his control, the time for the completion of
the work may be extended upon agreement of the County representative. Requests
for an 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 days prior to the Contract
expiration date.
5
Provided further that the Contractor shall within ten (10) days from the beginning
of such delay notify the County, in writing, of the causes of the delay. The County
representative will ascertain the facts and the extent of the delay and notify the
Contractor within a reasonable time of 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.
II. 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 judgment of
inspections, 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, 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 and award a contract to the bidder submitting the lowest per foot bid for the
derelict vessels listed in the bid package as one project and for which a
6
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. PREWORK CONFERENCE: A meeting will be necessary involving a
representative of the County, the Contractor and other parties with direct
involvement prior to the signing of the Contract. The time and place of this
conference will be set by the County representative. At this time the Contractor
shall provide the County with a schedule as to the order in which he proposes to
remove the vessels awarded to him.
IS. 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 DOCUMENT: 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 DA YS. This will assist in
acceleration of 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 right to levy liquidated damages against the Contractor.
Liquidated damages in the amount of $1 00 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
7
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. The disposal of materials, rubbish and debris shall be made at a legal
disposal site.
20. DISPOSAL SITES AND FEES: The 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 a Florida Department of
Environmental Protection permitted disposal site that has current occupational tax
licenses. 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, Cudjoe Landfill, MM 21.5
(vessels must be 26' and under to be delivered in tact, over 26' they must be
broken up), Long Key Landfill MM 68, and Card Sound Road AKA SR905 other
landfills in neighboring countries 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.
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
8
photograph must be of the vessel at the disposal site with sufficient background to
depict disposal (Le., 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 photos must be submitted on a vessel by 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 stipulated in these specifications and associated
contractual documents. The unit rate of bid shall be totany inclusive for all phases
of the operation. The 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, and 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.
24. ETHICS CLAUSE: Upon entering into the contract, the Contractor agrees to sign
and endorse the Ethics Clause form.
25. DRUG FREE WORK PLACE FORM: Upon entering the contract, Contractor
agrees to sign and endorse the Drug Free Work Place form.
9
EXHIBIT C
1996 Edilion
.......
-
MONROE COUNTY, FLORIDA
INSURANCE CHECKLIST
FQR
VENDORS SUBJ\UTIrNG 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. .
\VORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
WCl
WC2
\VC3
WCUSLH
X Workers' Compensation
X Employers Liability
Employers Liability
Employers Liability
US Longshoremen &
Harbor Workers Act
X Federal Jones Act
Statutory Limits
$l 00,000/$500,000/$1 00,000
$300,000/$500,000/$500,000
$1,900,000/$1,000,000/$1,000,000
Same as Employers'
Liability
Same as Employers'
Liability
\VCJA
INSCKLST 1
Adl1linislralion Inslruclion
114709.2
1996 Edilion
GENERAL LIABIL::fY
As a minimum, the required general liability coverages will include:
· Premises Operations
· Blanket Cpntractual
· Expanded Definition
of Property Damage
Required Limits:
GLl
x
GL2
GL3
GL4
Required Endorsement:
GLXCU
GLLIQ
GLS
.
Prqducts and Completed Operations
Personal Injury
.
$100,000 per Person; $300,000 per Occurrence
$50,000 Property Danlage
or
$300,000 Combined Single Limit
$250,000 per Person; $500,000 per Occurrence
$50,000 Property Damage
or
$500,000 Combined Single Limit
$500,000 per Person; $1 ,ooo,oqo per Occurrence
$100,000 Property Damage
or ,
$1,000,000 Combined Single Limit
$5,000,000 Combined Single Limit
Underground, Explosion and Collapse (XCU)
Liquor Liability
Security Services
All endorsements are req~ired to have the same limits as the basic policy.
Administration Inslruction
fi4709.2
INSCKLST 2
1996 Edilion
VEHICLE LIABIL~Y
As a minimum, coverage should extend to liability for:
· Owned; Non-owned; and Hired Vehjctles
Required Limits:
VLl
VL2
VL3
VL4
BRI
MVC
PROl
PR02
PR03
POLl
POL2
POL3
EDl
ED2
GKl
GK1
GK3
WLI
x
x
x
Admlnlslralion Inslruction
114709.2
$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 Damage
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
$5,000,000 Combined Single LiI1].it
MISCELLANEOUS COVERAGES
Builders'
Risk
Limits equal to the
completed project.
Limits equal to the maximum
value of anyone shipment.
Motor Truck
Cargo
Professional
Liability
$ 250,000 per Occurrence/$ 500,000 Agg. .
$ 500,000 per Occurrence/$I,OOO,OOO Agg.
$1,000,000 per Occurrence/$2,000,000 Agg.
$ 500,000 per Occurrence/$1 ,000,000 Agg~
$1,000,000 per Occurrence/$2,000,000 Agg.
$5,000,000 per Occurrence/$1 0,000,000 Agg.
$ 10,000
$100,000
Pollution
Liability
Employee
Dishonesty
Garage
Keepers
$ 300,000 ($ 25,000 per Veh)
$ 500,000 ($100,000 pcr Veh)
$1,000,000 ($250,000 pcr Veh)
Watercraft Liability $500.000
INSCKLST 3
1996 Edition
rnSURANCEAGENrSST~TEMENt
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
INSCKLST 4
Administralion Inslruction
114709.2
t 996 Edilion
'VORKERS' COMPE~ATION
INSURANCE REQUIREJ\1ENTS
FOR
CONTRACT
,
BET\VEEN
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 \\'ith 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
.t
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authori'zed to transact business in the
state of Florida.
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.
wel
Administralion Instruction
114709.2
1996 Edilion
\\'ORKERS' COJ\lrENSA TION
INSURANCE REQUIREMENTS
FOR
CONTRACT
I '
BET\VEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract involves Maritime Operations, the Contractor's
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 Employer's 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. -
WCJA
AdmimSlralion Instruction
114709.2
1996 Edition
GENERAL LIABn~TY
INSURANCE REQUIREMENTS
FOR
CONTRACT
I
BET\VEEN
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:
,J..
$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 effective 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.
GLl
Adminislralion Illslruclion
1/4709.2
1996 Edilion
VEHICLE LIABILI1~ Q.
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE 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 b~
maintained throughout the life ofthe 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 Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
VLl
^dmini~lrall(ln InSlruction
1147092
IW
1996 Edilion
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 Environmental 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 ex-tended claims reporting period of four (4)
years will be required.
POLl
Adminislration (nslruction
#4709.2
71
1996 Edilion
'VATER CRAFT LIABr..y;r_~
INSURANCE REQUlREJ\-?r:N1'S
FOR
CONTRACT
I I
BET\\'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 pr Omissions of a Vessel",
it shall be endorsed to provide coverage for the legal liability of the shipov.mer.
The minimum limits acceptable shall be:
$500,000 Combined Single Limit (CSL)
Coverage provided 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 iss~ed to satisfy the above requirements.
\\ILl
AdminlSlralion Inslruclion
1/47092
L.Ll.ent:.:If; : ~b~":: bLU.cWAT
ACDRD... CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYY)
03/17/00
PRODUCER TInS CER1lFICATE IS ISSUED AS A MATIER OF INFORMATION
Starkweather & Shepley, Inc. ONLY AND CONFERS NO RIGHTS UPON TIlE CER1lFICATE
P.O. Box 549 HOLDER. TInS CER1lFICATE DOES NOT AMEND, EXTEND OR
ALTER TIlE COVERAGE AFFORDED BY TIlE POLICIES BELOW.
Providence, RI 02901
INSURERS AFFORDING COVERAGE
NEW HAMPSHIRE INSURANCE ----~--_.
INSURED INSURER A:
Blue Water Marine Services INSURER B:
Capt. Cole Murray _._-~--
INSURER c:
16015 S.W. 298 Terrace -------
INSURER D:
HornestTad, FL 33033 INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINC
ANY REQUIREMENT. TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED 01
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUC.
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
~~ TYPE OF INSURANCE POLICY NUMBER ~~T~Y ~~~ pV,~il ~~;U~N
A I GENERAL LIABILITY GL6082267 12/20/99 12/20/00
r COMMERCIALGENERALLIABILJfY
i- ~LJ CLAIMS MADE D OCCUR
I ,
tJ
~'LAGGREGATE LIMIT APPLIES PER:
I ! POLICY n rl8r n LOC
LIMITS
EACH OCCURRENCE $$1.000 OOC
FIRE DAMAGE (Any """ fi'!!.J~!i9~~
MED EXP (Ally """ person) l $ $ 5 000
PERSONAL & ADV INJURY $$1.000, OOC
GENERAL AGGREGATE 1$$2.000 OOC
PRODUCTS -COMP/OP AGG $$ 1. 000 , 00 (
~OMOBILE LIABILITY
I--- ANY AUTO
-
WA:VtR:
COMBINED SINGLE LIMIT 1$
(Ea accident) i
BODILY INJURY $
(Per person)
- BODILY INJURY is
(Per accident)
--
PROPERTY DAMAGE $
(Per accidenl)
AUTO ONLY - EA ACCIDENT '$
, OTHER THAN EA ACC i$
I
AUTO ONLY: AGG $
EACH OCCURRENCE $
AGGREGATE $
$
$
r--
ALL OWNED AUTOS
"~:.:.7r."O' .nL UC'!' :~: (j'E;":'.~~'f'.'
... 1\ . .' 8' .. ',. ~
uY .; \. ~
,-3i~I1X1
ill.;' .LVES
DATE
I--- SCHEDULED AUTOS
HIRED AUTOS
1--
I--- NON-OWNED AUTOS
I
~AGE LIABILITY
H ANY AUTO
I I
EXCESS LIABILITY
tJ OCCUR D CLAIMS MADE
1--
U DEDUCfIBLE
i RETENTION $
WORKERS COMPENSATION AND
EMPLOYERS' LIABIUTY
A OTHERp & I
CV3030352-13721
WC STATU- I lo;r~-
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
E.L. DISEASE - POLICY LIMIT $
12/20/99 12/20/00 $500,000
DESCRIPTION OF OPERATIONSILOCATIONSNEHlCLESlEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
CERTIFICATE HOLDER LISTED BELOW IS NAMED AS ADDITIONAL INSURED AS RESPECTS
CERTIFICATE HOLDER I I ADDDW>NALJl/SURED'Jl/SURERLETIER,
I
ACORD2S-S(7197) 1 of 2 #S10316/M10314
CANCELLATION
SHOULD ANYOF1HEABOVEDESCRBED POLCES BECANCEUED BEFORE1HEEXPmA11ON
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL1.!L_ DAYS WJUI11i:N
NO'I1CET01HE CERTlFICAn: HOLDER NAMED T01HELEI'T, BUTFAUJRE TODOSOSHALL
IMPOSE NOOBLlGA~~1)j-iNYpq>> l1tq~~URER,rrs AGENTS OR
REPRESENTATIVES.TNSU~E BROI~RACE ft\.Te
AI1I1IORIZED REPRES7~~.L.... ;;:/. J Attorn.:,
'"' / SLN/, '~CORD CORPORATION 1988
Monroe County Board of Cornm.
Attn: Ms. Kim McGee
5100 College Road
Key West, FL 33040