Item B04
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
.\1eeting Date: 07 -?,7 -00
Division: Gro\V1h ManalZemem
Bulk Item:YESl :.JO
Department:Marine Resources
AGENDA ITEM WORDING: Approval of the Contract Agreement between Monroe
County and Blue Water Marine. Inc. for the removal ofDV3A2470.
ITEM: This vessel is a two-story 60' wooden hull and is in unrepairable condition.
People that do not own it having been living aboard in unsafe conditions. The vessel
could pose danger to surrounding homeowners if the area was hit by a major storm. It
needs to be removed as soon as possible. Two quotes for removal received. A.S.A.P..
Inc.-$Sl.SOO.OO and Blue Water Marine, Inc.-$lS,749.98.
PREVIOUS RELEVANT BOCC ACTION: Grant Agreement with FWCC approved 4-
20-00.
STAFF RECO~1MENDA nON: Approval
TOTAL COST: $15,749.98
BUDGETED:
COST TO COUNTY: Staff Time Only
100% Grant Funding
REVENUE PRODUCING: YES
NOl AMT. PER MO.
YEAR
.-\PPROVED BY:COATTY X OMB/PLRCHASING'~S TMA'\iAGE.\lEl\T X Lv, Ie '
DIVISION DIRECTOR APPROVAL:
Timothy 1. McGarry-Divisio
DEPARTMENT HEAD APPROVAL:
George
DOCUMENTATION: INCLUDED:~ TO FOLLOW:_ NOT REQUI~~lll'
DISPOSITION: :\GENDAITEM#~
MONROE COUNTY BOARD OF COUNTY COi\tl\'I~ . ~~"S
CONTRACT SUMMARY
Contract # ~,
Contract with: Blue Water Marine, Inc.
Effective Date: 1
---
Expiration Date: _I_I _
Contract Purpose/Description: Removal of DV3A2470
-S"~I
Contract Manager:
Kim McGee
(Name)
4511
(Ext.)
Marine Projects
( Department)
for BOCC meeting on 07./ 27 / 00
Agenda Deadline: 07 / 10 / 00
Total Dollar Value of Contract: $
Budgeted? Yes_No
Grant: $ 15.749.98
County Match: $ NI A
CONTRACT COSTS
15.749.98 Current Year Portion: $ 15.749.98
Account Codes:~- 62512 - 53049(} GB0012 5JOJ40
Estimated Ongoing Costs: $
(Not included in dollar value above)
ADDITIONAL COSTS
NI A /yr For:
(eg. maintenance, utilities, janitorial. salaries, etc.)
County Attorney
CONTRACT REVIEW
Changes
Date In Needed
Yes No
~/20/~ (.if (~
Date Out
Division Director
R~'S anagernent
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o .M.B./Purc~~g
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Blue Water Marine, Ine.
d/b/a
TowBOATIU.S. South Dade
PO BOX 901716
Homestead, Florida 33090-1716
Phone I Fax (305) 230-0030
QUOTATION
May 5,2000
TO: Kim McGee
FROM: Blue Water Marine, Inc.
SUBJ: Removal ofDV-2470
The following quotation is for the removal ofDV -2470, a 60' wooden
vessel located in Little Basin near Cockerham Dock. DV-2470 can be
removed and disposed of for the sum of $15,749.98. Blue Water Marine,
Inc. understands it is responsible for all disposal costs.
Respectfully Submitted,
;L Ifl f I
I fA-)JV~U
Capt. Todd Seeds
Blue Water Marine, Inc.
a5/::/2000 B7:14
305-85:-';;30'3
LISA FRINS
r-~ UJ./UJ.
A.S.A.P., INC.
P.O. Box 804
Tavernier, FL 33070
(305}85Z..4554
MARINE CONTRAcrORS
May 22, 2000
Monroe County Marine Services
Attn.: Kim McGee
VIA FACSIMILE. 295-4317
RE: DV-3A~2470; 60' 3 Story Vessel in Little Basin
J51amora~ FL
Please accept OUT proposed removal and disposal price of$5 1,500. PartiaJ payment oftbiny
percent (30%) dunng the course of the work will be expected.
If you have any questions, please call.
SinceIely,
ASAP., me.
MARINE COmRAcrORS
CONTRACT AGREEMENT
AGREEMENT. \1ADE THIS
day of
2000. bv 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 \vork as
required by the Specifications for the emergency removal of DV3A24 70 for which a Florida
\-1arine Patrol Derelict Vessel Report is attached as Exhibit A.
")
The work to be performed under this contract must be completed by August 3 I.
2000.
3.
The Contractor understands the rules of the Florida Fish and Wildlife Conservation
Commisssion 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.
-+. The Board shall pay the Contractor :5 15.7"+9.98 tor the remO\.al and legal disposal of
DV3A2470. Payment will be upon completion of work by the Contractor and review and approval
by the Marine Projects Coordinator.
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
C an tract 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 other
losses. damages. and expenses (including attorney's fees) which arise out ot: 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
\vork.
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 8-31-00 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 fNSCKLST 1-4. as further detailed on forms VL I. WC 1.
WCJA. GL 1. WL I. & POL 1 attached as Exhibit C. A.II 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
\io. 0 I 0-1990 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 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 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 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 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 tirst written above.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Deputy Clerk
By:
Mayor/Chairman
Witness://S'. 7/~
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Witne : . _,/~I// _~/~ '" :-
. "::! ~/ .WJ
Busmess Name: ~?>/#r ///f"A:/I"'C
By: d'g, ~'
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Title: // // /
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INC!DE~T REPORT NARRATIVE CONTINUATION
l-~
I I
1.
3. PHYSICAL LOCATION OF DV: L\-M'"~ Bb.$\....J - \'-k2.. c.oc..lo:::'.oE""-\~~M COc.1L.
LATITUDE/LONGITUDE (DEGREES, MINUTES, SECONDS] 2~ L)..c;.:Sf(2f/J f0.,jrE7'z-v/
4. CONDITION: WRECKED-L- JUNKED~ DISMANTLED ---X ABANDONED_ AGROUND
BURNED CAPSIZED BROKEN UP
5. SUBMERGED 20% % DEPTH 3' FT. ANCHORED ADRIFT
ON SHORE_IN WETLANDS_ TIED TO OBJECT_ OTHER
;..
2.
6.
I 7.
8.
9.
10.
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EXHIBIT A
ZONE
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DERELICT VESSEL # 3A- "2..47 D INCIDENT # "''"1
REG # ~ lENGTH~FT. MAKE: Unknown MODEL
HULL MATERIAL: WOODL F/G_ METAL-",- OTHER (SPECIFY)
MOTOR YES_ NO-.! TYPE OTHER IDENTIFIERS
-"I. A - 15::&-S"
COLOR GraY/Whit.
VESSEL OWNER:
ADDRESS:
Unknown
D.O.B.
/ I
COUNTY
PROPERTY OWNER:
State of Florida
STATE lAND_
PERMIT FOR ABANDONMENT: YES_ NO~ ISSUED BY
ABANDONMENT REASON -
Unknown
NAVIGATION THREATENED? YES~ NO_ HOW Unlighted may ~et bit at ni2:ht.
ENVIRONMENT ENDANGERED? YES X NO_ HOW Resting on bottom.
!. -
11.
TOWED WITHOUT REPAIR? YES
NO X
UNK
OTHER
12. RECOMMENDED DISPOSITION: LANDFILL X ARTIFICIAL REEF
MARINE HABITAT_ RECYCLE METAL OTHER
13. NARRATIVE I DILIGENT SEARCH (EXPLAIN! Vessel in very 'Door condition_ 'MtPTP ar~
/ ;:::,1 ,;1f" numerous' holes in tbe bottom p]anldnf~_ ApPP="T'" t-n b~ !'l~lIr1c- ;n
. tJ'
/I/~ ,1,1 r A 5 a'Dproximatelv 18" of mud. It also appTP="T~ ~n h:n.... pfitQP18
I '1 J ~ ( 1. . .
! '. ~ - (,,, ',;' l.Vl.n~ on it. It 1S unsaf~ and ne~ds t'o hp TPmnv..r1 ;......ediat81~,..
ul.- , uj'l J
/.,0//; 'v1C"C No on~ visibl~ at rim,. o~ rppnrf" No v;~;blQ identifier".
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14. PAINTED DVII ON VESSEL? N DATE I I 4 PHOTOS OF DV INCLUDED? Yes
Offlcer(sl Reporting (please prlntJ
Deputy John W.. McGee-MCSO #7878
Reviewed [Jy'
V. L- ..LT.
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EXHIBIT B
DERELICT VESSEL RE~10VAL CONTRACT SPECIFIC.-\. TIONS
FOR \IONROE COUNTY. FLORIDA
I~TE~T: It is intended that these specifications shall cover all aspects of the \vork.
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.
BID FOR.v1A T .-\ doilar :.lmount per foot must be submitted for the removal of as
many derelict vessels on the primary list for \vhich a Florida :vlarine 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 \'essels for less than $25.000 total.
, PLANS: There are no plans for this project, but copies of the Florida :v1arine
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 :.lnd 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
\essels. \Ve have established pnorities based on public safety. navigational hazard.
,md 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 etIectiveness.
.f. 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 ot: as specified in these procedures. then no
payment \vill be made fonhcoming 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. satistied himself as to local conditions of each derelict \"essel and as to
:he meaning, requirements and reservations of the specitlcarions: 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 \vhat is stated in these
documents and what the bidder evaluates.
The Contractor should take special care to remove only those derelict \"essel" s on
his Contract and for which he possesses a Florida ~lanne 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 FI?rida Department of
Environmental Protection. Monroe County Administrator of the Derelict Vessel
Program. and the Contractor. This will be applicable when a contracted derelict
\"essel cannot be located. No derelict vessel may be replaced and removed without
the tri-pany consent noted in this paragraph. .-\ 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
:cro\"ided they "ecure results '.\hich satist\ the reauirements nf :he ::::recifications
:md 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
\vater 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 propeny 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 Hats 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 \lonroe County for disposal. ~lixture 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. \tletal becomes the property of the Contractor.
o. \lA TERIALS AND WORK.."\lANSHIP: The ContractoI:. 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. .-\ list of equipment
to be used and a description of the removal and transponing 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 appJicable law.
1f'ln\" nrorerT'l.';' ,~-~C'trO'l:".::Joa' :.....,'l. '~." ......,,11,..2l. -r -'-''''::''lr'l(;: ...;...,'1't>::'""'\:"J.'1.....::l.t'" ~~"'..:l /-. .,t'tr"c'or .'n"l")
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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 :my \loines due or to
become due thereunder. may be assigned by the Contract9r 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 relation benveen 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.
S. LEGAL RESTRICTIONS. PERMITS AND TRAFFIC PROVISIONS: The
Contractor shall comply \vith all applicable local. State and Federal requirements
penaining 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 \vith all the requirements of the Federal Pollution Control
.-\ct.
The Contractor shall conduct his operations so that he shall not close :my
thoroughfare nor interfere in any way with traffic on highways. or on water.
without the \vTitten consent of the proper authorities. Work shall be done at any
:ime that shall not interrupt or disturb members of the public.
Utilization of off-loading sites located on private property (water to land for
transpon to the landtill or other disposal site by vehicle) must have \VTitten
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.
,)irect confront~tlOns \\ith (,ther oo:ners should be J\oided Jnd 'he F"\'rida \brine
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. .-\ll 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:
Certiticate (s) ofInsurance which clearly indicates that he has obtained the
insurance coverage required in paragraphs a.b.c and d below.
4
The Contractor hereby certities that no modification or change in insurance shall be
made \vithout (I 0) days \\Titten advance notice to :.-100IROE County. c,o the
Director of the Risk \lanagemem Di\"ision.
a.
Worker's Compensation Insurance per Fl. Statutes
b.
Federal Jones Act Coverage
12.
General Liability Insurance on a comprehensi\"e basis, in an amount not less than
S300.00.00 per occurrence for Bodily Injury and Property Damage combined. to
include contractual liabilitv.
c.
Pollution Liability Insurance in the Amount of S500.000.
d.
Water Craft Liability Insurance in the Amount of S500.000.
"'
'-.
Automobile liability insurance covering all owned. non-owned and hired vehicles
used in connection with the work. in an amount not less than
S 1 00.000 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 Insured" 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
~econcili::ltton \ if any details or 12onditions \\hi12h may jirectly (~r indirectly interfer;:
or cont1ict with work of the Contract. the County will issue a 000Iotice to Proceed"
officially authorizing the Contractor to commence. The Gontractor 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 \Hitten 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.
.;;
Provided further that the Contractor shall within ten ( 10) days from the beginning
of such delay notify the County, in writing, of the causes o!the delay. The County
representative will ascenain the facts and the extent of the delay and notify the
Contractor within a reasonable time of her decistOn in the matter.
If the Contractor fails to complete the work \vithin the time limit. and if the County
should nevertheless permit the Contractor to continue and complete the same
without official extension of time in 'vvriting, 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 specitlcations. 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
o I' 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
'~clntr::lctor::uch ch:ll1~es ,::':' :1Cit [,I be grounds :'l'r ::n~ c!Jim by ,1,e C'ntrJctor t(,r
damages. nor for the forieiture 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. :-.Jo 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 dl}ring and after termination
of the contract.
13. CONTRACT A WARD: 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 \vhich a
6
Florida \-larine Patrol Derelict Vessel Report is included. One bid \vill 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 \vill depend on the accepted per foot
bid price and the available funds.
1-1-, PREWORK CONFERENCE: .-\ 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. .-\t this time the Contractor
shall provide the County with a schedule as to the order in \vhich 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 \vith the County and potentially int1uence any
future contracts with MONROE County.
16. EXECUTION OF CONTRACT DOCe~lENT: Due to tne time frame involved
\vith this project. the Contractor upon notitlcation that he is to be awarded the
contract documents for execution. shall return said documents properly executed
along \vith insurance \vithin TEN \VORKING DAYS. This \vill 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
~ransponJtion. handling, .1CCCSS '\) ,he :--ic k -'-1 I' .lnd d i srosal ~ i teS: ,::J the character
\)f equipment and facilities needed to perform the work. Failure on the pan 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 $100 per day shall be assessed against the
Contractor for any bid item awarded to him \vhich is not completed and accepted
by the County within the number of calendar days specified in the Contract.
Liquidated damages are accumulative.
17, ~OTICE 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 specitied number of days for completion is stated in the Contract. the
etfective date at the "~otice to Proceed with Contract Work" \vill establish the
"beginning date"" ()fthe project.
1 S. TE~ylI0JA TIO~ OF CO~TRACT: This Contract may be terminated by the
County. giving up to ten ( 10) days \\'Titten 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 specitied on the accepted bid.
19. H~AL CLEAN-UP: Cpon completion of the \vork specified herein and before
acceptance and tinal 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 \'essels 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
I wssels :nust n.: 2fi'md under to be delivered;:1 t::let.vcr 25' 'hey must be
broken UP). Long Key Landtill MM 68. and Card Sound Road AKA. SR905 other
landtills 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 :--JOTIFIC-\ TION 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 tIrst 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
s
photograph must be of the vessel at the disposal site with sufficient background to
depict disposal (i.e.. building or sign identifying disposal site). The derelict
\essel number. when possible. must appear in all photographs.
The Contractor will be responsible for the camera. rilm. 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 paYIIlent can not be assured.
The Contractor must notit~' 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. :.rotification is to be
made before doing any work on each vessel. This multiparty communication for
each Derelict Vessel is a requirement of the contract.
""l'")
PA Y\-lENT: All payments for the removal and disposal of each vesseL shall be
for the performance of the work as stipulated in these specifications and associated
contractual documents. The unit rate of bid shall be totally inclusive for all phases
of the operation. The Contractor may request two panial payments by submitting
an invoice for the number of \'essels 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 Cenification 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
-~mo\':J.l of the subiect '.essel ;;JS not been \IbtJined from the Fl,'ri(iJ \brine PJtfol
Jnd 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. DRUG FREE WORK PLACE FORM: Upon entering the contract. Contractor
agrees to sign and endorse the Drug Free Work Place form (attached).
q
:=-...;m.u:. .:. :- _
.'G6 Edition
:\10;\'ROE COU~TY, FLORIDA
INSl;RANCE CHECKLIST
FOR
\T;\'DORS SUBMITTING PROPOSALS
FOR \VORK
To assist in the development of your proposal, the insurance coverages marked with an "X" will
be required iri the event an award is made to your firm. Please review this form \vith your
insurance agent and have him/her sign it in the place provided. It is also required L~at the bidder
sign the form and submit it with each proposal.
WORKERS' COMPENSA nON
AND
EMPLOYERS'LIABILITY
WC1
WC2
WC3
WCUSLH
x
x
Workers' Compensation
Employers Liability
Employers Liability
Employers Liability
US Longshoremen &
Harbor Workers Act
Federal Jones Act
Statutory Limits
$100,000/$500,000/$100,000
$500,000/$500,000/$500,000
S 1 ,000,000/$1 ,000,000/$ 1 ,000,000
Same as Employers'
Liability
Same as Employers'
Liability
WClA
x
INSCKLST 1
".lIl1l(lI'.!rallOn InstruCllon
:: ~ ~n(1 ~
:J'.;A r:C:ltIOn
\s a minimum. the required general liability coverages \vill include:
\.:E~<E~,-\L ~:;\8IL~~~1'
Premises Operations
· Blanket Contractual
· Expanded Definition
of Property Damage
Required Limits:
GL1
x
GL2
GL3
GL4
Required Endorsement:
GLXCU
GLLIQ
_.L.......
PrOQucts and Comoleted Operations
Personal InJury' .
S 1 00.000 per Person: S300,000 per Occ'J...-rc:--.cc
S50,000 Property Dan1age
or
S300,000 Combined Single Limit
S250.000 per Person; $500,000 per Occurrence
S50,000 Property Damage
or
5500,000 Combined Single Limit
$500,000 per Person; $1 ,ooo,oqo per Occurrence
$100.000 Property Damage
or
S 1 ,000,000 Combined Single Limit
$5,000,000 Combined Single Limit
Underground, Explosion and Collapse (XCU)
Liquor Liability
SecurItv Services
All endorsements are required to have the same limits as the basic policy.
.\llrn"\I'lr~ll()n InSlructton
"~cn'l ,
lNSCKLST 2
;G~ [~'ltOn
:\5 a minImum, coverage should extend to liability for:
':E;-{ICI-~ I I..~BIL~-~.'~.
()wned: Non-o\\'Tlec: ::L'lO Hired \'ehicles
ReqUtred Limits:
VLl
x
':L:.
VL3
VL4
BR1
MVC
PROl
PR02
PR03
POLl
POL2
POL3
ED1
ED2
x
GKl
(Jr~
GK2
WLl
x
\dnlil1l<,lrallon InstructIOn
~ ~ -; {\'J ~
S50.000 per Person: $100,000 per Occurrence
$25,000 Property Damage
or
S 100.000 Combined Single Limit
S 1 00.000 per Person; $300,000 per OccuITence
550,000 Property Damage
or
$300.000 Combined Single Limit
$500.000 per Person; $1,000,000 per Occurrence
S I 00.000 Property Damage
or
$1,000,000 Combined Single L.imit
S5,000,000 Combined Single LiI!).it
\1TSCELLANEOUS COVERAGES
Builders'
Risk
Limits equal to the
completed project.
Motor Truck
Limits equal to the maximum
, 'alu" 0'- ..,-.. .'-" .-'- :_~"'_.
\ ........ ........... 4.' - ~."- ..... ~ ;--.............ll..a
CafC0
Professional
Liability
$ 250,000 per Occurrence/$ 500,000 Agg.
$ 500,000 per Occurrence/$l ,000,000 Agg.
$1,000,000 per Occurrence/$2,000,000 Agg.
$ 500,000 per Occurrence/$ I ,000,000 Agg.
$1,000,000 per Occurrence/$2,000,000 Agg.
$5,000,000 per Occurrence/$l 0,000,000 Agg.
$ 10,000
$ I 00,000
Pollution
Liability
Employee
Dishonesty
Garagc
Kecpcrs
$ 300,000 ($ 25.000 per Veh)
$ 500,000 ($100.000 pcr Veh)
$1,000,000 ($250,000 pcr Vch)
Watercraft Liability $500,000
rNSCKLST 3
')Q6 Ec,~lon
.:< ~: . ?~.\>~. (~= .\G E~<T5 ~ 7 ~J..~=~' fE~<T
I have reviewed the Jbove requirements with the bidder named below, The following deductibles
Jppiy to the corresponding policy.
roue;'
DEDliCTIBLES
Liability policies are
Occurrence
Claims Made
Insurance Agency
Signature
BIDDERS STA TEMENT
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
.\dmlnl'>1ratlon Instruction
"4709 ~
QQ6 EdlllOn
WORKERS' C01\1rE~':'AfIO.'\C
I:\1SURANCE REQUlRE!\lE.'\CTS
FOR
CONTRACT
IJET\VEEN
\10NROE COUNTY, FLORIDA
AND
Prior to the commencement of work covemed bv this contract. the Contractor shall obtain
\Vorkers' Compensation Insurance \l.lth limits sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance \l.ith limits of not less
than:
S 1 00,000 Bodily Injury by Accident
S500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
.
Coveral2e shall be maintained throUl!hout the entire term of th"e contract.
~ ~
Coverage shall be provided by a company or companies authorized 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 ofInsurance will be required.
In addition. L~e COr1t:-3c:or m3V be rec:ui:-eci to sUDmll u:JCiJ.teci financial statements from the fund
upon request from the County'-' .
wel
\JrnlnlSlrallon InSlrUC\l<H1
~~:n():
)Qf, EClllOn
",\ ORKERS' CO~lrL~:;A TIO:~
I~SURANCE REQUIREMENTS
FOR
CONTRA.CT
BET\VEEN
\10NROE 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
.-\ct (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. .'
\VeJA
\drnlf1I',:rJI"m Instruction
c ~ ;(!() ~
,Q6 [=:110n
GC\ER,A,L LrAI3lJ~-T'''
L\'SURANCE REQUIRL\lE~TS
FOR
CONTRACT
I3ET\VEEN
\10NROE COUNTY, FLORIDA
AND
Prior to the commencement of work Qo\'emed bv this contract. the Contractor shall obtain
(reneral Liability Insurance. Coverage shall be T"TIaintained throughout the life of the contract and
Inciude, 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 effective date of this contract.
In addition, the period for which claims may be reported s~o:.::-::: extend for a minimum of nveive
' : 2) months follO\.ving 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.
GLI
\dmlnlstrallon Instrucllon
"~"()<J 2
J', : .-.:; ~ I, ,n
"' EIIICLE Ll:\BILl~-1
I~SLRA..\CE REQl;IRE\lE~TS
FOR
CO:\TTR-\CT
BET\VEEN
\10~'iROE COUNTY, FLORlDA
AND
Recognizing that the \\"ork governed by this contract requires the use or \"erucles. the Contractor.
prior to the commencement of work. shail obtain Vehicle Liabiiity Insurance. Covera2:e shall be
maintained throughout the life of the contract and include, as a minimum. liability coverage for:
· Ov.l1ed, N on-O\\l1ed. and Hired Vehicles
The minimum limits acceptable shall be:
S 1 00,000 Combined Single Limit (CSL)
.'
If split limits are provided. the minimum limits acceptable shall be:
S 50,000 per Person
S 1 00,000 per Occurrence
S 25,000 Propeny Damage
The Monroe Countv Board of Count\' Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
\'U
\dn)lfll~lr;lll(lfl lllstructlofl
"~~(I'i =
")
~Q~ Edition
POLLUTION LIABILITY
INSURANCE REQUIRE~IE~TS
FOR
CO;\TTR.\CT
BET\VEEN
\10~ROE COUNTY, FLORIDA
Al'ID
Recognizing that the v..'ork governed by this contract involves the storage, treatment. processing,
Clr transponing of hazardous materials (as detIned by the Federal Environmental Protection
:\gency), the Contractor shall purchase and maintain, throughout the life of the contract.
Pollution Liability Insurance which v,'ill respond to bodily injury. property damage, and
environmental damage caused by a pollution incident.
The minimum limits or liability shall be:
S500.000 per Occurrence/$l.OOO,OOO Aggregate
If co\'erage is provided on a claims made basis. a11 exterlded claims reponing period or four (4)
years will be required.
rOll
~T, T~:~-."-:l:] :-'L :~...;~rUCll()r.
::~ ~(iq =-
-I
. ~. i .,; ,qln
\". .'\ T ERe R..,\. fT L 1.-\ 13 r LlJ.\
I:\"SCRAI\CE REQUIRE~('f::'n:)
fOR
CONTRACT
I3ET\VEEN
MONROE COUNTY, fLORIDA
AND
?nor 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 \Vrecked Vessels
· Contractual Liability with Respect to this Contract
I[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 shipov,ner.
The minimum limits acceptable shall be:
$500,000 Combined Single Limit (CSL)
Coverage provided by a Protection and Indemnity Club (P&I) shall be subject to the
approval of the County.
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all polides issued to satisfy the above requirements.
\\ILl
^,drnlnl~lrallo)ll l,l',If\Jctlon
~ 4 709 ~
I..-...L...I...cllL-T+: _'Od~
wl..JUCV';.M.~
ACORD".
CERTIFICA. TE OF LIABILITY INSURANCE
f'ROOlCER
.=t::;.rkweather
J? .:::;. Box 549
Providence,
5c Shepley,
DATE ,\I\\;OO/YY)
03/17/00
TIllS CERTIFICATE IS ISSUED -\.S ..\. "IATTER OF 1"'FOR1\tATIO~
ONL Y \.!'iD CONFERS "0 RIGHTS l1'ON TIlE CERTIFICA TE
HOLDER. TIllS CERTIFICATE DOES :\"OT A."'-tEND. EXTE:-.n ()I.
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
RI
02901
INSURERS AFFORDING COVERAGE
I...SlREO
Blue Water
Cape. Cole
16015 S.W.
Homestead,
COVERAGES
Marine Services
Murray
298 Terrace
FL 33033
f,"SURER A: NEW HAMPSHIRE
INSURANCE
I,"SURER B:
!,"SURER C:
INSURER D:
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWlTHSTANDl~
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED (
~ Y PERT AlN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF sue
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
:1~fRR TYPE OF I...SVRA'iCE POLICy...l\IBER POLICY EFFECTIVE POLICY EXPIRATlO......
. . OATE <MMIDOIYY) OATE (\IMIDOIYY)
r A ';E...ERALLlABILITY GL6082267 12/20/99 12/20/00
LI\IlTS
CLAIMS MADE
OCCUR
i:.\CH occ'R.~~c~_____~$.l, LO_O_O J. 0 C
F..IRE[)."~",G~ .!AnY~~.'ire.I_ ..~ 5 Q.LQ9 0
\lED E2'P_(Any o.""yerso~_~5 LQ QO.
PERSONAL & ADV INJURY $ ~Q.Q Q. LOC
9E'ERAL AGG_R~~~_. ~$_~ 009 J _QC
PROlJ.UC~. CO_MP/OP AGG ~.l _OQ9 ,-0_ 0
COM MERClALGE!\ERALLIAB ILITY
GE...1. AGGREGATE LIMIT APPLIES PER:
PRO.
JECT
?OLlCY
LOC
Al TO\IOBILE LIABILITY
.ANY AUTO
ALL OWNED AUTOS
'rIlEDU.ED A\.'TOS
:nRED .\C TOS
5~S Q(J{Jf;~ y
uy'~~.~":'. . '. .....'l;r
~_." J \
~.'~ .~~ ()(
~~iH!t.._ ~
CO~BI"ED SINGLE LIMIT
\ Ea accident)
BODILY I"JURY
{Per personl
"ODIL Y I:\Jl RY
,Per accl~nt)
W!,,'VfR:
c~.' ..L vr<;
PROPERTY DAMAGE
Per acc:ueno
~ON.OW"ED AL:TOS
GARAGE LIABILITY
ANY AUTO
AUTO ONLY. EA ACCIDENT S
-- -~~-----------
OTHER THAN
Al TO ONLY:
EA ACC S
~---------
AGG S
EXCESS LIABILITY
EACH OCCURRENCE
OCCUR
CLAIMS MADE
AGGREGATE S
._---~--~----_._--
" ETESTION
A OTHUp & I
i CV3 030352 -13 721
WC STATU- OTH.
.I.QRYJ..LMlIS.. _.-J;JL _ _. __. .
E.L. EACH ACCIDENT $
E.L. DISEASE . EA EMPLOYEE! S
: E.L. DISEASE . POLICY LIMIT' S
!12/20/99i12/20/00 $500,000
I
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
DESCRIPTIO:'o. OF OPERA nONS/LOCATIONSIYEHICLES/EXCLUSIOI'S ADDED 8Y ENDORSEMENT/SPECIAL PROVISIO:'o.S
CERTIFICATE HOLDER LISTED BELOW IS NAMED AS ADDITIONAL INSURED AS RESPECTS
CERTIFlCA TE HOLDER
ADDmoNALr<SLRED'INSLRER LEITER:
CANCELLATION
Monroe County Board of Comm.
Attn: Ms. Kim McGee
5100 College Road
Key West, FL 33040
SHOUlD ANYOF11iEABOVE DESCRDlEO POIXIES BECANCEULD BEFORE 11iEEXPlRAllClI'
OATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL10 IlAYS WRIITI:"
\CORD 25-S (7197) 1 0 f 2
#S10316/M10314
NOTICETOllIE CERT!i'ICAn: HOUlERNAMF.1l TOnIE LEFT. 8UTFAIU;RE m 1l0S0SIIALL
\TA!'VY' ,. ,..
1M POS E "008 LIG An6~ \jIH.."IA1J ILl!"\' OF AN Y KJNptjpO:Q""11fElJNS CRER.ITS AG E....r'i OR
. rNSUiUh!-' , . .' '-' '. .
REPRESENTATIVES. ,,'r:'''''.', ,::,,;,,;'r: [;',~(
I ALTIIORIZED REPRESE!';T,\ vt
, -" /-'
I /J~~...:-
"-J
SLN /(1A.CORDCORPORATIO:>lI'