Item K30
j
Revised 2/27/01
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 5-15 '()2
Bulk Item: Yes 1:8:1 No 0
Division: Growth Manaaement
Deparbnent: Marine Resources
AGENDA ITEM WORDING: Approval of the Contract Agreement between Monroe
County and AS.AP., Inc. for the Emergency removal of DV3A3590 located off of Key
Largo.
ITEM BACKGROUND: The F.W.C.C. requested immediate removal of this vessel due
to it posing a serious threat to navigation. Two quotes received, Blue Water Marine
Services, Inc.-$11,473.16, and AS.AP.,lnc-$10,350.00.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: New Contract
STAFF RECOMMENDATIONS Approval
TOTAL COST: $10.350.00
BUDGETED: Yes 1:8:1 No 0
COST TO COUNTY: Staff Time On Iv
100% Grant Funding
REVENUE PRODUCING: Yes 0 No 1:8:1 AMOUNT PER: MO $ YR $
DIVISION DIRECTOR APPROVAL:
K MANAGEMENTI:8:I
APPROVED BY: COUNTY A TTYI:8:I OMB/PURCHASINGI:8:I
I,d{
DOCUMENTATION: INCLUDED 1:8]
DISPOSITION:
AGENDA ITEM .: ...-f-? 't)
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: A.S.A.P. .Inc. Contract #
Effective Date:
Expiration Date:
Contract PurposelDescription:
Emer2encv removal fo DV3A3590.
Contract Manager: Kim McGee 4511 M D U . ~ . .. -~ .
(Name) (Ext. ) (DepartmentlStop #) #9
for BOCC meeting on 5-16-02 Aszenda Deadline: 5-1~2
CONTRACT COSTS
Total Dollar Value of Contract: $ 10.350.00 Current Year Portion: $ 10.350_00
Budgeted? Yes~ No 0 Account Codes: 125 - 5370- 6251l 5304'0 GB0212 530340
~:$ 10.350.00
County Match: $ NI A
ADDITIONAL COSTS
Estimated Ongoing Costs: $ NIJlyr For:
(Not included in dollar value above) (eR. maintenance. utilities. ianitoriaL salaries. etc.)
CONTRACT REVIEW
Date Out
Division Director
'-
OMB Form Revised 2/27/01 MCP #2
FRCI1 : RSAP
t"'t1UNC I'IV. ; ~, ";:);:)<4
A.S.A.P INC. Marine Contractors
P.O. Box 80'
Tavern.. FI. 33070
Phone 305-852~
4-16-02
Kim MeGee:
Mariae Projecb Coodiaator:
Bid:
DereJid Veuel3-A-3590-3S'Steel BaB Sailboat:
Total:S10,350.00
ASAP me
n~
Jay FriDs
...pr. ..0 ,U4LJ_ --. "-' .. " . ..
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Blue Water Marine Services, Inc.
d/b/a
TowBOAT/U.S. South Dade
P.o. BOX 901716
Homestead, Florida 33090-1716
Phone (305) 230-0030
Fax (305) D0-3090
QUOTATION
March 20, 2002
TO: Monroe County Marine Projects
From: Blue Water Marine Services, Inc.
SUBJ: Removal ofDV-3S90
The following quotation is for the removal of a 35' steel sailboat
located in Ruttonwood Sound, Key Largo. This vessel can be removed tor
511,473.16. Blue Water Marine Services, Inc. understands it is responsible
for all disposal costs.
Respectfully Submitted,
Capt. Todd Seed.~
Blue Water Marine Services. Inc.
CONTRACT AGREEMENT
AGREEMENT, MADE TillS day of 2002, by and
between, A.S.A.P., Ioe. ("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 DV3A3S90 for which a Florida Fish
and Wildlife Conservation Commission Derelict Vessel Report is attached as Exhibit A.
2. The work to be performed under this contract must be completed by Mav 31. 2002.
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 $ 10.350.00 for the removal and legal disposal of
DV3A3S90. Payment will be upon completion of work by the Contractor and review and approval
by the Marine Projects Coordinator.
S. 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 other losses,
damages, and expenses (including attorney's fees) which arise out of, in connection with, or by
1
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 5-31-02 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 VLl, WC1,
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 discretion, terminate this
contract without liability and may also, in its discretion, deduct from the contract or purchase
2
pnce, 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 first written above.
(SEAL)
Att~t: DANNYL.KOLHAGE,CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Deputy Clerk
By:
Mayor/Chairman
Witness:
~ ;??/~
By:
Witness:
Title:
3
INCIDtNT ltErOR1' NA .UtA TIV~ CONTINUATION
I.VI...... I
DERELICT VESS~ 3A- 3S'10
- INCIDENTNO.~~A-':<:O
1. REGJIllN: \JtU~ LENGTH: ~FT. MAKE: u...,~ TYPE: Si'EEL S~'L(1QAI
llULLMATERlAL: WOOD_ F/G_ METAL_ RtmBER._ OTH.ER(SPEcn~SlfE.... COLOR: ~\).sT
MOTOR: YES_ NO j TYPE: _ VESSEL NAMEIllOME PORT: U.u'L
OTHER IDENTIfIERS:
2. VESSEL OWNElUCUSTODlAN: U),J~ D.O.n. / /
ADDRE_SS: CITY/STATEJZIP:
. \1
3. PlIYSICAL LOCATION OF DV: ll.l ()\lLE 'ri^1s\cr of ~q 1'1\0'\ ~u1b~\...H'~,n ~,zr,)1\) f)
LA TITUD ElLONG ITUD E (OI!CiIU!I!S. MINtJ'I'ES. snCONDS) :lSO ()S ./S S 80 (\ ~ . q &IS
4. CONDITION: WRECKED_ IUNKED-L DISMANTLED_ ABANDONED-L AGROUND-L-
BROKEN UP _ DURNED_ CAPSIZED_ LISTING_ SCUTILED
5. SUllMERGED: .1QQ.. % DEPTlI..::L- Fr. ANCHORED )( DOCKED _ ADRIFT
.'
IN WETLANDS_ TIED TO OBJECT (sPl!cn:Y) MARKED WITH BUOY
WASHED ASHORE _ BELOW MH.W.L. _ ADOVE M.H.W.L..2,. OTHER
G. PRIVATE Pn.OPERTY:_ OWNER/ADDRESS:
STATE SUBMERGED LAND:-X... FEDERAL PROPERTY: OTHER: (SPEcn:Y)
7. TllREATTO NAVIGATION: YESL NO_ HOW ~() A:,Jc.~~ L\~ ~T
8. DANGER TO ENvmONMENT: YESL NO_ HOW \uO~"T A-Urtw 5~ "~5 \'0 ~C2.ew
9. TOWED WITllOUT REPAm: YES_ NO_ UNKNOWNi OTHER
10. RECOMMENDED DISl)OSITION: LEAVE AS IS_ TAKE TO LANDFILL )C RECYCLE METAL_
HA VI! THE OWNER/CUSTODIAN REMOVE IT_ TURN OVER TO ANOTHER AqENCY
lvlARINE HABIT A TI ARTIFICIAL REEF..:L- OTHER
'/fo
4 PHOTOS OF DV INCLUDED: I
12. DO NOT MAUl\: VESSELS: _
NOTICE DECAL PLACED ON DV: .
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Date Report OD1"S NWlIbc:r
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INCIDENT Rk;l'Ua<. 1 NA1U~ 11. ~ ....v., . u' -. - - - -
DERELICT VESSEL # 3A- ~D
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EXHIBIT B
DERELICT VESSEL REMOVAL CONTRACT SPECIFICATIONS
FOR MONROE COUNTY, FLORIDA
1. INTENT: It is intended that these specifications shall cover all aspects of the work.
The purpose of this section is to provide specific 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. Ifbids 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 (1) located, (2)
removed, (3) verified and (4) disposed of, as specified in these procedures, then no
payment will be made forthcoming to the Contractor for that vessel. Those four
conditions must be met on each derelict vessel along with compliance 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 useJi to do the least possible
damage.
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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. Mixtur~ 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 He~lth 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) oflnsurance 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
$500,00.00 per occurrence for Bodily Injury and Property Damage combined, to
include contractual liability.
c. Pollution Liability Insurance in the Amount of $500,000.
d. Water Craft Liability Insurance in the Amount of $500,000.
e. Automobile liability insurance covering all owned, non-owned and hired vehicles
used in connection with the work, in an amount not less than
$300,000 per occurrence for Bodily Injury and Property and 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.
10. COMMENCEMENT, DELAYS AND COMPLETION OF WORK: After
receiving Board of County Commission approval of the Contract, and after
reconciliation of any details or conditions which may directly or indirectly interfere
or conflict with work of the Contract, the County will issue a "Notice to Proceed"
officially authorizing the Contractor to commence. The Contractor shall
commence work within one week from the date on the "Notice to Proceed" letter.
If the Contractor should be delayed in the progress of the work included in the
Contract by 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. .
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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 anq complete the same
without official extension of time in writing, such permission shall not modify nor
waive any liability of the Contractor for damages arriving non-completion of work
within the time limit, but such liabilities shall be subject to continuation in full
force against the contractor.
11. CHANGES AND INSPECTION: The vessels herein considered are to be removed
for the County by the Contractor in accordance with the specifications. The County
may give instructions or directions to supplement the specifications. These shall be
binding upon the Contractor and upon all his subcontractors, employees and agents
of every kind.
All work and every process and operation shall be subject 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 d~relict 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.
15. CONTRACT SECURITY: The Contractor is expected to act and deliver in good
faith all work, at the agreed price, in the allowed time. Failure to do so, could
jeopardize the contractor's reputation with the County an~ 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 DAYS. 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 marmer until completion and acceptance by the County. For Contracts
- ---- .......
.,fII"'-----
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 m'!terials 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 NOTIFICA nON 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 ofthe vessel after
removal but in the same general area preferably while in tow, and the third
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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
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 totally 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 (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).
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26. DERELICT VESSELS AT ISSUE: The derelict vessels listed on the Derelict
Vessel Working Bid List shall be removed and disposed of by the Contractor
in accordance with the provisions of these Specifications.
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