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09/20/2001 DV3A3513 Clerk of Die Circul Coon Danny L. Kolhage Phone: (305) 292-3550 FAX: (305) 295-3663 email: Memnrandum To: Kim McGee, Marine Projects Coordinator From: Isabel C. DeSantis, Deputy Clerk J. e.lt: Wednesday, October 03, 2001 Date: At the Board of County Commissioners meeting on September 20, 2001, the Board approved the following: /'1. Contract Agreement between Monroe County and Arnold's Towing for the emergency removal ofDV3A35131ocated off of Key West, Monroe County. /2. Contract Agreement between Monroe County and Arnold's Towing for the emergency removal of DV3A3433 and DV3A3517 located off of Key West and No Name Key, Monroe County. 3. Contract Agreement between Monroe County and A.S.A.P., Inc., for the removal of DV3A3390 located off of Plantation Key, Monroe County. 4. Contract Agreement between Monroe County and Blue Water Marine Services, Inc. for the emergency removal of DV3A3562 located off of Christmas Tree Island, Monroe County. 5. Contract Agreement between Monroe County and Blue Water Marine Services, Inc. for the removal of DV3A3445 located off of Key West, Monroe County. Attached hereto are duplicate originals of each item for your handling. Should you have any questions concerning this matter, please feel free to contact our office. cc: Finance County Attorney ~ile / CONTRACT AGREEMENT AGREEMENT, MADE TillS '1lJ Ii day of ~~ 2001, by and between,..Am8IIl'tt'~Mring ("Contractor"), and the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, ofthe 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 ofDV3A3513 for which Florida Marine Patrol Derelict Vessel Report is attached as Exhibit A. 2. The work to be performed under this contract must be completed by August 30, 2001. 3. The Contractor understands the rules of the Boating Improvement Fund 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 $ 969.00 for the removal and legal disposal of DV3A3513. 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 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, 1 f damages, and expenses (including attorney's fees) 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 II 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 8-30-01 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, GLl, 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 2 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 'ltO~ .tt 18 LHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MON E COUNTY, FLORIDA ,e~ By:~ak1C,~ Deputy Clerk Witness: ~ ~~ Business Name: ~ Witness:~ f)~;rv1~y: Q~ (A/. 7> Title: ~ d~ 6e-4 3 ~ , r." EXHIBIT A DERELICT OR ABANDONED VESSEL REPORT DV-3A- ~51~ OR AV-3A- INCIDENT NO. Ol-3A- JO~.Q} 1. REGIDOC# 1J.(MOV(D LENGTH lC\ Fr. MAKElj)fty L:1.NEX. TYPEc..A1l:r:JJ IS VESSEL CURRENTLY REGISTERED? YES_ NO_ LAST REGISTRATION DATE: STATE:_ HULL MATERIAL: WOOD_ F/G/METAL(SPECIFY) RUBBER_ OTIlER ALIEN: COLOR:'BLV [./ J.JH11~ MOTOR AlTACHED: NoL YES_ lYPE _ H.I.N.: 1{ ~ M6VEJ) I NAME ON VESSEL: N I A OTHER IDENTIFIERS: NON l FLOATING STRUcrURE: I - 2. VESSELOWNERlCUSTODIAN: AJ/A D.O.B.: jJJn BOAT REG. ADDRESS: N)A CfIY/STATElZIP: IV/A . I DRIVER'S LICENSE NO.: /oJ J.~ OTHER ADDRESS: --tJJ A 3. PHYSICALLOCATIONOFVESSEL:j MiLe. Nt of QAL1)A CJMlJ}J!L QVL.f Of N~x.fCo LA TITUDEILONGITUDE (DEGREES, MINUTES, SECONDS): ~ 0 3 ~ ' ~:( / W 'b I 0 ~g...J 3 I 4. CONDITION OF DERELICf VESSEL: WRECKED JUNKEDV"'" SUBSTANTIALLY DISMANTLED _ SUNK_ AGROUND_ BROKEN UP_ BURNED_ CAPSIZED~LISTING_ FULLOFWATER_OlHER CONDITION OF ABANDONED VESSEL: ABANDONED_ INOPERATIVE_ PARTIALLY DISMANTLE_ NO APPARENT INTRINSIC VALUE PERSONAL ITEMS ONBOARD 5. SUBMERGED: <10 % DEPTH:--LFr.fl1\Dbi~ftING SUBMERGED LANDS: YES_ NO_ OTHER PROPERTY DAMAGE: NOV/YES_EXPLMN AFLOAT_ ADRIFT./ IN WETI..ANDS_ WASHED ASHORE_ OTHER TIED TO DOCK_ TIED TO OBJECT (SPECIFY) SECURED ANCHORED_PUlLED TO SHORE_ BELOW M.H.W.L. ABOVE M.H.W,L. OTIlER 6. CAUSE: UNKNOWN_ NATURAL DISASTER_ OTHER(EXPL-\IN)C}'nA~.DoNtZl 7. PROPERTY OWNER: STATE SUBMERGED LAND_ FEDERAL PROPERTY_ OlHER(SPECIFY) OWNER/ADDRESS 8. THREAT TO.NAVIGATION: YESV' NO_ UNK_ HOWAD'R:l,:-1 ~'PJ).u". 1 fo01 ~&D\I.! !YATe l 9. DANGER TO ENVIRONMENT: YES-VO_ UNK_ How~1)Jk lINn '.DfV1"bl 5E'A'~~~5 'BrltlM 10. TOWED WITHOUT REPAIR: YES~ NO_ UNK_ OTIlER ll. RECOMMENDED DISPOSITION: REMOVE FROM W ATERV TAKE TO LANDFILL_ RECYCLE METAL_ HAVE lHE OWNER/CUSTODIAN REMOVE IT_ TIJRN OVER TO ANOlHER AGENCY _ LEAVE AS IS CREATE MARINE HABITAT OR ARTIFICIAL REEF OTHER 12. NARRATIVE I DILIGENT SEARCH: (EXPLAIN) fLOR:r~f) 1lE"Gi!117I.Ar.1aJJ ~ )JL}J lJLJ"'B(~ 1IR7) llrr.v G'AOlJkJi) AWAY LFAv~tJ(" NtJ rnFwrJUCR.S J..Ocfl1~'D C.()Nr~D[4J1'.rI1'- JJ1JJ JJUfJI 1\ c~ Awn \Al II S lhJA}!,l.l." '1'D 1{E.., 1) .:r1': V E'~ ~ L .sf ~tJ~l'1) 10 CAlhA ()/(lAlJJc'- ""',1G~fril/{E.f. /, I ftl /'OJJ. KMo.G~wI0( H!}.0oJI'lL, 7lVb ""'(7 'DAN & c1. "(0 }JAv1 GA r$.()N EA Date DV om,..".', Sillllalurc OIl.: Report Cumplctcd OBTS Numb.:.- Original Suppkmm FWC 2O-4M (03101) ,,1. PAGE I OF 3 ~ I""" k C-G~ ~ DERELICT/ABANDONED VESSEL # 3A- 3S 11 _ ~I _ '._'."'''''S.~_ . . ."...~..., :..':; ,,.. . :'... 1 I < .::(oNt'5 Reviewed By: Reviewer's Signature Date FWC 20-045A (3/0 I) VL PAGE 20f 3 ~.., . .' :. ~ ",.6,,, .' 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' \. \ I 0 ~. L~'::. '-"';"; -J d~ - - ~ ~.... ...."': -'r.-. (.; ~ii .~ : &>. I;, .___--;:!I' .....-.'''''- ..... ~ Pl.~ia' K.,. ..- ~ _'\ .... ~,; ~3"~:::\J~ u \:.,~ ---t-N I ..... J ........'..;:.\.........-. .. ............ "N 0 ~... .. . ." G\.... ~ U ~ ". ~. \;~ }.j! ~' o -' N cD~ ~:" u N ;~f~~~ .:;... "-))- \'.~..(i'~: ._~ ..:.... -:-.:. N G\- ~. "'{ ~' N ;d~ {.)b~f;(~.~ ~ '-' N Co! "-I " \ , ~ , N .... '\ \ """0 ~ ~\t;. ~ go I ~ \~ 1 ':Q - \~, ~ ;. \_... . - ;=:8 c;, \~ ~ t' ,'f. I Co) r '0;. 1 · . $" ~G)R .: ~ \'" w-Ww <0. .. B~Q -:..\~ k II co _ ~ \.L../":Q \..:&.In w }-Ir "1 -Gi!:~~ I! Co! - _:1. 'J !. - ~g: ~.=~ ...._....ee- ~ ~ &.Iw:g #' 1\. : ~ : I'. ..-:0 j, _ N poW ;-0 ~~ ,'" ~: Co! . Co! +-t 1.. Co! ,!. I . I 1-....1) II: ~,....' .N tll Co!; OCI~ · I .. - ~ -:'"':~ -: t N ~. -~.-:d!:? ,. ,If E:-:~ ~ - ., .... ..' ~ - . 0 N ~. ~ (" =Co) " ~ -.:.:e" .. f$. . e. .. .. i r ~~ ..... 1( , :!(Q. =~ f 'II ~ ...S~(D!. 'C .. G\ N~'~ ~ ._ ;N -(r N . 1\1 ' ~ NU ~ Co) ..~_ "'\ Co) ~...;~l.. r::. to6 ." _~) - i}. r~ :DQt ~ .' G'\---'~ "'en m m :xJ m < m :xJ en m en - c m --~ , ,.. .. ' .. ..' '" .. " '" ,,;11 ,,'" fI-------- ~~ :lOt 1I N ..... /@ o ~. .--..--... ~ _ .e...<(; , @)~~:~ fO 0 ~ c.. a; f\J-. ii ;f ai_ -'a; ~--- r':':~' ) ~ @). J .J ~ n ..:,. .J I N .... ~).... -~ Uo 1 N CoO . ' \ N I ~ N N e~ N=~ . 'C~ Co! f .. . Rl- N ~ II:N . ; = -0- f ,:::~~~::... ;; ..~.. ( ;! y":::; ,t II' Co) &.I ...,::::::u.::::.. ."-4'" (.: (/"1:: 0 N eo: ;: 11';). '_~ ~ ~ Co) "'l- ,,:2 : : N eo'" . ... :t"! ..-f'J - V' Co)...: ~ ~.-~::::.... ~ ~ :0 ~ ~ c:,"'::::" ...... .;.. ,...:..-..... lli: ~ . "''' ~Co) N ~:.::::.. G\ \11 G\C \11 \II Co) y ~:f!:. . ~ ~ . o \II ~ ~ .:0 tlQ ."" "'9 . . ~::::;::~ "" 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 ~ime 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 exanrlnation 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 Administrato; 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 Contractot 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 ~xtent 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 Contract9r 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 C9ntracted 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 cltange 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,OeO. 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 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 pr conflict with work of the Contract, the County will issue a ''Notice to Proceed" officially authorizing the Contractor to commence. The eontractor 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. 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 g~neral 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 ?amages, 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. 15. CONTRACT SECURITY: The Contractor is expected to act and deliver in good faith all work, at the agreed price, in the allowed time. Failure to do so, could jeopardize the contractor's reputation with the County and potentially influence any future contracts with MONROE County. 16. EXECUTION OF CONTRACT DOCUMENT: Due to die 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 s1;1bcontractors 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 ifhe 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 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 ofthe 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 tenninated 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 iandfills 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 (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 paY11lent 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. I 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). 9 ~ EXRDIT C 1996 Edition ....... !'. -' . 1t10NROE COUNTY, FLORIDA INSURANCE CHECKLIST FQR VENDORS SUBMItTING PROPOSALS FOR WORK 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 with your insurance agent and have himlher sign it in the place provided. It is also required that the bidder sign the form and submit it with each proposal. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY we1 WC2 WC3 WCUSLH X Workers' Compensation X Employers Liability Employers Liability Employers Liability US Longshoremen & Harbor Workers Act X Federal Jones Act Statutory Limits SJ 00,000/SSOO,000/$1 00,000 S300,000/$500,000/$S 00,000 51,900,000/$1,000,000/$1,000,000 Same as Employers' Liability Same as Employers' Liability V,/CJA INSCKLST 1 Administrallon Instruction 1/47092 1996 Edition INSURANCE AGENTS ST*TEMENT , . . r have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY , I DEDliCTIBLES Liability policies are _ Occurrence _ Claims Iviade Signature Insurance Agency . BIDDERS STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Signature: Bidder INSCKLST 4 AdminiSU'2tion Instruction 11470<<].2 1996 Edition 'VORKERS' COMPE1'mA'fION INSURANCE REQUIREl\{ENTS 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 v.rith limits sufficient to respond to Florida Statute 440. In addition, the Contractor shall obtain Employers' Liability Insurance v.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 ~ 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 Administration Instruction #4709,2 1996 Edi&ion \\'ORKERS' COl\1n:N3A TION INSURANCE REQUIREMENTS FOR CONTRACT , , BETIVEEN 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 I in so far as the coverage provided is no less restrictive than would have been provided by a Workers' Compensation policy. I . \\'CJA Admin&Slrallon Instruction /147092 1996 Edition GENERAL LIABn;;:rV. INSURANCE REQUlRE1\1ENTS FOR CONTRACT , BETWEEN MONROE COUNTY, FLORIDA AND .... Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: . Premises Operations . Products and Completed Operations . Blanket Contractual Liability . Personallnjury Liability . Expanded Defmition of Property Damage The minimum limits acceptable shall be: S300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: .t. S100,000 per Person $300,000 per Occurrence $ SO,OOO.Propeny 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 e>..-tend 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 Additional1nsured on all policies issued to satisfY the above requirements. GLI Administration Instruction 114709.2 1996 F.diliCln VEHICLE LIABILi"t=i' '. INSU~~CE REQUIREMENTS FOR CONTRACT BETWEEN ~10NROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: . Ov.ned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: 5100,000 Combined Single Limit (CSL) . ~ If split limits are provided, the minimum limits acceptable s~l b:: S 50,000 per Person S100,000 per Occurrence S 25,000 Propert)' Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. VLI AdminlSlrauon In~lrUClion 1/47092 80 1996 Edition POLLUTION LIABILITY INSURANCE REQUIREMENTS FOR oil .. 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 defmed 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 damasze, and environmental damage caused by a pollution incident. - The minimum limits of liability shall be: $500,000 per Occurrence/$l,OOO,OOO Aggregate If coverage is proyided on a claims made basis, an extended claims reporting period of four (4) years will be required. POLl Administr:ltion InSlruction #4709.2y 71 .-. ,..- ~ ..... 1996 Edi&ion . WATER CRAFr LIAB~ INSURANCE REQUIREl\~N1'S FOR oil .. CONTRACT , ' BET\VEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract; the Contractor shall obtain Water Craft Liability Insurance with teans no less restrictive than those found in the standard "American Institute Hull Clauses" (June 2, 1977 edition). Coverage shalI be maintained throughout the life of the contract and include, as a minimum: . Injwy (mcluding death) to any Person . Damage to Fixed or Movable Objects . Costs Associated with the Removal ofWreckc:d Vessels . Contractual Liability with Respect to this ConuaQ If the policy obtained states that coverage applies for the" ActslJr Omissions of a Vessel", it shall be endorsed to provide coverage for the legal liability of the shipowner. The minimum limits acceptable shall be: S500,000 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 is~ed to satisfy the above fequirements. . . \YLl Administration In!:truction 14709,2 ~~~~f~EBi:g;[t]g~Jgtlitj~tf~ii:~lf"" -", 050401 ~ PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMAnON DAY MARK'MARINE INC ONLY AND CONFERS NO RIGHTS UPON nfE CERTIFICATE PO BOX 46564 HOLDER. nns CERTIACAlC DOES NOT AMEND, EXTEND OR OASS-A-GRILLE BEACH FL 33741 AL_ THE COVERAGE AFFORDED BY THE pOLICIES aELllW. , COMPANIES AFFORDING COVERAGE COU~ANY LLOYDS/CENTENNIAL INSUReD ARNOLD'S TOWING SERVICE 5540 3RD AVENUE I KEY WEST, FL 33040 COUPANY B CO....PANY C COUPANY o I ~G~S:~:~:1:ti~:i:j:a:;':::::~:6::::!{!:f;~djf!!jf}t"-t,~f{s.:i-~~~t:cl:~t~~ii~~i~JfS:t}f:di:{:ii'i;~~(~B}za:'lftfu~~jji~dittii:{-:~:l?~;~*{;jJ:ti1i;~Jti~~iit?iJlt,.;€i4i THIS IS TO CERTIFY THAT iHE POLICIES OF INSURANCE LISTED eaow HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANf CONTRACT OR OTHER DOCUMENT \MTH RESI'ECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALl THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. LIMITS SHOINN MAY HAVE BEEN REDUCED BY PAlO ClAIMS. co\ LTR \ A L~ENERAL UABtUTY CCMPREHENSNEfORM TYPE OF INSURANCE POUCY NUlYBER POLICY EFFECllVE POUCY EXPIRATION OATE (MP.IVOcrNI OAlE (MPoAIOOIYV) BODILY !"JURY cee 4342744 050601 050602 BODILY l'lJURY AGO PROPER"'" CAUAGE ace , PREMtSESlOPE~TIONS UNOERGROUND EXPLOSION e. COLLAPSE ti..ZARO PRODUCTs/CCMPLETEO OPER I CONTRACl1.:AL ~ INOEPENOENT CONTRACTORS BROAC FORM PROPERT"( OAMAGE PERSONAL l"l.!URY ~UTOMOBlLE UABIUTY I ANY A\1TO ALL OWI'IEO AUTOS IP"":' Pass) All OWNED AuTOS (0'Il" Ihln Pnvat. ",,_~r) H HIREO AUTOS W NON.o-v,\,-NEO AUTOS \---1 GAAAG~ L1ABILiTY I I I EXCESS UA8lUTY U UMaR~LLA FORM : i Ont!!R THAN UlABR!:LLA F::)RM I WORKERS CO"'!:NSATlOI't ANO \ !:MI'\.O~' LIABILITY THE PROPRIETOR.' I PARTNERS!EXECUllVE OFFICERS ARE OnlER PROPER'rf DAUAQ~ AGO PROTEC ION & INDE HULL LIMIT BODILY l'lJURY (Per person) BODILY INJURY CJ'ef IccodOM) PROPE~iV c.\UAGE BODILY INJURY & PROPE~iY CAMAGE COf,IBIPIEO EACH OCCI:RRa.'CE AGGREGATE .' UNITS o 14000 s s s s S EL OISEASE . POLICY UUlT S EL OISEASE . EA E"'PLOYEE S \ I I RINCL , I !XCI. DI!SCRIPTlON OF OPERATlONSlLCCAnONSNEHICLESiSPeCIAL InMS DERELICT VESSEL REMOVAL ADDITIONAL INSURED: MONROE COUNTY '~~j;t:mSD'~OUieRlQj'~7}2~~,iaii~{gIiJ.~~}i~~:;J;&\t;i.'jf}-:j:~2i.r:J~{~MCfft'.tlQith~t.:~~i~~~;.~W~~~~~~~;;'*i MONROE COUNTY ATTENTION: RISK MANAGEMENT 5100 COLLEGE ROAD KEY WEST, FL33040 SHOULD ANY OF THE ABOVE oesCRIBI!O POlIC& Ill! CANCI!UfD B~RI! ml: EXPIRATION DAlE 1HEf'I!OF. 1141: ISSUINO COMPANY WILL ENDeAVOR TO MAL 30 DAYS WIUTTEN NOTICE 10 THE CER11FICATE HOLDER MAllEI) TO THE 1ST. BIIT FAIl.URE TO NAIL SUCH N IMPOSE NO OBI.IGAllON OR UABIIJTY COMPANY. 15 AGENTS OR REPRESENTATIVES. ACORD:: CERTIFICATE OF LIABILITY INSURANC~!2 \ DATE (IIIIIDDI'NI 05/09/01 -: .' - PRQOUCER THIS CERTIFICATE IS ISSUED AS A MAnER OF INFORMATION , ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Gul~ Coast Underwriters HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR 5601 Mariner st., suite 300 ALTER THE COVERAGE AFFORDED BY THE POUClES BELOW. Tampa n. 33609 INSURERS AFFORDING COVERAGE phone: 813-864-4428 Fax: 813-864-4429 INSURED ~ INSURER k 1IES'.rPORT ntSURANCE CQlPANY AmtQLDS 'rOWDtG SERnCE INSURER B: ARNOLDS AtrrO & MJUUNE REPAIR INSURER C: ftC. 540 3rd Ave. INSURER D: by West FL 33040 I INSURER E: COVERAGES 'THE POUClE8 OF IN8URAHCE lJS1B) BElOW HAVE BEEN ISSUED lO 'THE INSURED IWoED ABJNE FOR 'THE PQUCY PERIOD lOCATED. N()lWI1ltSTANDItG N<< REQUIREIENT. TERM OR CONDmON OF N<< CONTRACT OR OllER DQCUIENTWITH RESPECTlO wtCH ntIS CERfFlCATE flAY BE ISSUED OR flAY PERTAIN. 'THE INSURANCE AFFOADED BY 'THE POUCES OESCRIIED tEREIN \8 8UBJECTlO AlL 'THE lERMS. EXCLUSIONS AND CONDIT1ONS OF SUCH POlICIES. AGGREGo\TE LIMITS SHOWN flAY HAVE BEEN REDUCED BY PAID CLMIS. "'f, !VrR: EACH OCCURRENCE FIRE DMMGE"..,,- fft) lED EXP "..,,-.....) PERSQNM. &IDIIIUURY GENERAL AGGREGo\TE PRODUCTS -COIIPIOP N1G ~ . . . . . . L TR TYPE OF INSURANCE GENERAL l.IABlUTY CQIIIERCIAL GENERAL UABIUTY CLMIStlADEDOCCUR PQUCY NU.-eR uY DATE GEN'l~TE lIMIT APPlES PER: POLICY ~ lOC AUlQIIOBLE UABlUTY N<< AUTO AlL 0WtED AUTOS A X SCHEDULED AUTOS A X HRDAUTOS A X NON.owNED AUTOS ~f~ . m0703-1 COIoIUED SINGlE LMT . $500,000 (Ea 8llCIdn) BODLY INJURY . (Pw .....) BClOLY INJURY . (Pw 8llCIdn) ~DMMGE . (Pw -*In) AUTO ONlY - EAACCmENT . $500 000 anER 1HAN EAN:.C . $500 000 04/30/01 04/30/02 AUTO OILY: N1G . $500 000 EACH OCCURRENCE . AOGAEGATE . . . . . . . GARAGE UABlUTY N<< AUTO A X 1 27 28 29 m0703-1 EXCESS L.IA8lUTY OCCUR 0 CLMIS MADE DEDUCTIIILE RETBfT10N . w<<)RICERS CQIIPENSA110N AND .-...ovERS' UA8lUTY OTHER DED. DED. $1,000 $1 000 A GKLL $100,000 m0703-1 04/30/01 04/30/02 A ON-BOOtt $50 000 m0703-1 04/30/01 04/30/02 IlI:aGRP11ON OF 0PERA1IONSILOCAnDNSr.lSICt.ES/EXCl....,.. ADOED BY I!NDl)PPIU'ItTISPKlAL PRO\/lIIONS sa AftACBBD VBBXCLB LXft. PBYSXCAL DAIIPaGB DED. $1,000 CQIP/COIiL ON VEBCXLES '1-7, 9-14 ONLY. ON-BOOtt $50,000 VBBXCLBS 11,2,4-10,13&14 ONLY. 2ND LOC. 30554 5'fB AVE., BXG PDm DY, I'L 33043. c:BRTXFXCATE BOLDBR XS NAMBD ADDXTXomu. ntSURED. CERTIFICATE HOLDER Y ADDI1'IOIW.INIURED; INSURER um&l: MONROEl SHOULD NlY OF 'THE ABOVE DESLr . POLICIES BE ~. "" 8EFORI! THE EXPIRATlI DATE THEREDF. 11E1SSUIG NlURERWLL ENDEAVOR lO 11M. ~ DAYS~ NOTICE lO 'THE CERlW'lCATE HOLDER NAIlED TO 'THE lEFT. BUT FMURE TO DO so &HAL ...,. NO oaJGA11ON OR OF NlY ICIND UPON 'THE INSURER. OR MPRSII!NTAlII/ES. CANCELLATION ~E COUNTY, COUN'rY CQM. lUStt ~ laM ~GEE 5100 COLLEGB ROAD KEY 1IEST FL 33040