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01/18/2001 DV3A3362 1!lannp 1.. l&olbagt BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNTI SOO WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 ","~ BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM DATE: January 24, 2001 TO: Kim McGee, Coordinator Marine Projects Pamela G. Hanc~ Deputy Clerk CY FROM: At the January 18, 2001, Board of County Commissioners meeting the Board granted approval and authorized execution of a Contract Agreement between Monroe County and Arnold's Towing for the emergency removal of DV3A3362 located off of Boca Chica Key, Monroe County. Enclosed please find a duplicate original of the above for your handling. Should you have any questions please feel free to contact our office. Cc: County Administrator w/o document Risk Management w/o document Growth Management w/o document County Attorney Finance File V AGREEMENT, MADE THIS CONTRACT AGREEMENT / f' Ii daYOf~ AN. 2001, by and between, Arnold's Towing ("Contractor"), and the BOARD OF "'JP -"- COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, ofthe County o~ j; ::oC")z o r- :;r~ r>1 ::x-' c"). ',-~ On. e:::;; _... ::Z:""" ...., -f. c: _("')r- ..~. .:::c ..,,' > ,.. :;;- I. ,." 1. The Contractor shall furnish all the materials and perform all the work as 0 ::! ~ r- n"! ;z: 0 t\) ..., .f:- a ::::0 :z:a ::0 :x \0 fT1 n .. 0 I\) ;0 (,.) 0 Monroe, State of Florida ("Board"). The Contractor and the Board, for the consideration named agree as follows: required by the Specifications for the emergency removal of DV3A3362 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 February 28. 2001. 3. The Contractor understands the rules of the Florida Fish and Wildlife Conservation Commission 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 $ 15.000.00 for the removal and legal disposal of DV3A3362. 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), 1 OFFENSE INCIDENT REPORT NARRATIVE CONTINUATION REPORT' EXHIBIT A ....:.............................-..-....--....-----..........-.-...........................................-......................-................-.....................................--..........................~................................................ .............................._........_-:..._........;_.............D.~...:~..~..::".........~.~_.~..z..........................................................................................................................................' 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OIl Officer(s) Reporting (please print) ~ I- < :: Reviewed By: II) Z i Citation Number Q < ,,-...... Of{iCe1 Signa~ure I Reviewer'. Slgneture 4V t&c-, Date l'Z-.l~. 0- Date I Number Arrested OBTS Number I Original Supplement o o DNR 2o-045A FMP 17/921 Palle _of_ . .' ..iNCIDENT REPORT NARRATIVE CONTINUATION ZONE: 3/1 DERELICr VESSEL 3A- .33~ J. INCIDENTNO.~-3A- /39/9 . t. REG.IIIDI: \~iJ 7 Ig t} I LENGm:~FT. MAKE: /.&...., &~~'" TYPE: ~#'4~ HULL MATERIAL: WOOD /F/G_ METAL(SP~ RUBBEIl_ OTHER (SPECIFY) MOTOR: YES00_TYPE.r ATIACHED_ VESSELNAMElHOMEPORT: ~v~~ COLORS: tt}~; ./-p, OTHER IDENTIFIERS: ']";;,va );u1~/' ALIEN: .. ",. ~ .... 2. VESSEL OWNERlCUSTODlAN: ~~ AJ~ q~t': ( tJPl.O ADDRESS:.33 ~l'r~J"7f.}lt .A~.#e CITY/STATFlZIP: 3. PHYSICAL LOCATION OF DV: D.O.B. OB IIX< I ~ 86 ~',tI .s~Cil'b Ch I s. dJ usr LATITUDEILONGlTUDE (DEGREES. MINUTES. SECONDS) ..:2 '1":3~ '/1/ - ~ I D 3~ .~t' 4. CONDmON: WRECKED /' JUNKED DISMANTLED ABANDONED ~ AGROUND'../ - - - - - BROKENUP_ BURNED_ CAPSIZED_ LISTING V SCUITLED 5. SUBMERGED:~% DEPTH_FT. ANCHORED_ DOCKED_ AFLOAT_ ADRIFT_ IN WETLANDS_ TIED TO OBJECT (SPECIFY) MARKED WITH BUOY WASHEDASHORE_ BELOWMRW.L._ ABOVEMRW.L._ OTIIER . 6. PRIVATE PROPERTY: OWNER/ADDRESS: STATE SUBMERGED LAND: ~ FEDERAL PROPERTY:_ OTHER: (SPECWY) 7. THREATTONAVIGATION: YES '/N~ UNK~ HOW 8. DANGER TO ENVIRONMENT: YES V NO UNK HOW 9. TOWED,WITHOUTREPAIR: YES V'NO - tiNK - OTIIER 10. RECOMMENDEDDISPOsmON: LEAVEASIS_ TAKE TO LANDFILL ~ RECYCLEMETAL HAVE THE OWNER/CUSTODIAN REMOVE IT_ TURN OVER TO ANOTHER AGENCY MARINE HABITAT/ARTIFICIAL REEF_ OTHER 12. REPORTING AGENCY: U.S.C.G. U.S.B.P. N.P.S. U.S.F.W.S. OTHER A/f. 13. DV NUMBER PAINTED ON VESSEL: ~TICE DECAL PLACED ON DV: .~ PHOTOS INCLUDED: 7r OfIioer(s) Reporting (please print) '-''3. Dote Report Compleh:d OBTS NUIllbcr Original SupplCllK:nl FWCC 20-04SA (9199) V L. \.:::..1"" Page ) of 3 4 . ... ...., ZONE: ~ INCIDENT REPORT NARRATIVE CONTINUATION DEREUCT VESSEL ##3A .a,3 Co~ ."'II.:.--...........~ ,....., $..~._l"...._; Date 00iaa's SipMuru , . C~q DIll&: cz,q FWCC 2O-Q4SA (9199) VI. Page 2 of 3 ... ...... ......... ...... 4 ~Dni"'o K.,.... C/ 2 ....... ~,.:... :. ,.:!I I . " : <," .~ I ~ \) 3 RESTRICTED AREA . 334.670 (see note A/ 1 Gr. 2 ~ < o " AERO. V Rot. W &. GO II / Q TOWE~ ~ ca Chica Key" /) . NOTE E The day beacons ore . ivalely maintained and r1 0 ,Jslbons ore appr xlmale, \..) .... 1 '.' s 17 17 26 27, 26 18 22 22 24 23 24 24 25 18 17 2 4 16 20 17 25 I I n r g I 22 C'll I I 19 r.~,,\ 23- I ~ ~ 'VV'Io ~~- _ -. ,,'\/\.I ~~ "v"JV\J'VV"r:f^^^JVVVV\^/'v""'\, v.,v. -. -.1 J3 26 20~ 23@25 23 26 25 23 21 o 18 19 19 19 20 27 26 27 25 23 ~~_.,' PA "~: 21 s 21 H 29 A W30K 27, (;'27 Hft A26 N N 27 E L (I \ 21 27 23 27 26 Zl 6 28 @1 30 % 29 _~@ 27@ --r.>ioo ~ 5 12 J.@.i --- V 29 --@'--.21._____ .3 @ 30 13 ___ J 29 -- ~ Z5 29 I 110 @@ ..~@) ,I ~ ~ 13 1 ;1~~ '='@)32)'@( ... ~ vd@) ~,.,.~.::;;: -- ~;OHIS/fED AREA 21 I 34 (see note OJ _ J5 a@ I hf'fl ~ (@ 3~ 35 33 I 33 42 43 4 28 I 27 27 hf'fl !@ 27 25 27 19 ~23 23 24 21 (\ 26 37 39 14 (Ii) 13 ~ / k1 ' ~ NCIDENT REPORT' NARRATIVE' CO,NTINUA TION REPORT' 00-3A-13919 "BRONCO" Junked. Wrecked and Substantiallv Dismantled Owner: Robert Benjamin NOCAR, WIM 03/08/60,33 Barcelona Ave., Big Coppitt Brother: Owen Eugene NOCAR, WIM OS/20/55, 15 Delmar Blvd., Key West Third Subject: Jason TAYLOR, WIM 03/04/79, 33 Barcelona Drive, Key West See Also: DV Number 3362 See Also: Incident Number 00-3A-13772 (initial encounter with the "Bronco" and ~LI808HK) ~ > i= ~ :( On 08/13/00, approximately 0945 hours, I, Officer Kim R. Dipre (KI4) was on water patrol, ocean side of Similar Sound. I observed the'vessel "Bronco" anchored at the entrance to Similar Sound. I observed a second vessel FL1808HK with three subjects on board, approach "Bronco". The three subjects \yere later identified as Robert NOCAR, Owen NOCAR, and Jason TAYLOR. From a distance, when I frrst saw "Bronco", I thought it might have run aground. It waS in a shallow area. The vessel is approximately 40' in length. As I approached both the "Bronco" and FL1808HK, I had to trim my engines up to the maximum position to avoid damaging the sea grass bed. The vessel was resting in approximately less than two feet of water. I asked them what happened. They explained that they were towing the boat in from around Key West. They said that it took them all night and that his (one of their) girlfriend even called U. S. Coast Guard and reported them as overdue (they had beep. gone for so long). They had run aground during the night and had to wait till that morning (13th) to float off. The three of them had been towing the vessel with FLl808HK the whole way. I conducted a vessel stop on the vessel FL1808HK. I recognized the operator/registered owner of FL1808HK as Jason TAYLOR, WIM 03/04/79,33 Barcelona Drive, Key West. (Note that NOCAR and TAYLOR have the same address listed on their FloridaDLIID.) I recognized TAYLOR from a vessel stop I conducted a few months before. I asked TAYLOR if he had taken care of both citations (insufficient PFD's and child (infant) under six years of age not wearing PFD). TAYLOR said, yeah, but became argumentative, saying no one has harassed him like I have. He said he's been stopped before and never got a ticket. I asked what they planned to do with the vessel. Robert NOCAR told me it was going to be his house. He was going to fix it up and live on it. I asked where he was going to dock the boat. He just pointed (generally) in the area of Similar Sound and said he was going to find a place jn "there". ~pon closer inspection, I noticed that the vessel was in severely damaged condition. The main salon was dismantled, the main deck was rotted and interior ribs of the hull were visible through what remained of the decking. The hull was filled with water and debris. The forward-deck had holes large enough to fall through. The gunwales were split and separated from the deck in numerous places. Most of the-glass windows were missing or broken and piles of trash and debris were scattered throughout the interior. (See attached photographs). I then conducted an inspection of the vessel "Bronco" and asked the owner of "Bronco", Robert NO<fAR, for proof of ownership. NOCAR produced documentation papers with a statement by the previous owner, naming Robert NOCAR as the "buyer" for the exchange amount of one (1) U. S. Dollar. NOCAR also assured me that he had 'already started all the paperwork' to transfer title and register the vessel. Robert NOCAR seemed very confident that he knew what he had to do and repeatedly nodded his head, gestured, and verbally stated that he had done everything they needed to in order to title and register the vessel "Bronco". , All three subjects were onboard the "Bronco". I requested to see the safety equipment on the vessel "Bronco". All three subjects laughed and said they were never on the boat, they were only towing the boat . s undo I be an to tell them what the needed for safet e ui ment. Robert NOCAR told me meer(s) Reporting (pleese print) Detl Kim R. Dipre, K 14 u9/12100 Date i. I I I II: .. III Z i Citation Number o c Number Arrested OBTS Number Originel ~ Supplement 0 OEP 20-045.\ 18/941 Page -L of ! 2-- ., ' 00-3A-13919 NCIDENT REPORT NARRA riVE CONTINUATION REPORT' , L > j: ~ a: "BRONCO" Junked. Wrecked and Substantiallv Dismantled that he knew all about safety equipment and what he needed. I told him he was required to display an all around white anchor light. Robert NOCAR then told me the first thing he was going to do was to put an anchor light on the vessel, after they go it in there (pointing to Similar Sound). I asked how they were going to get the "Bronco" into Similar Sound. They said they were going to tow it in right now (with FL1808HK). They had been waiting for the tide to come up so they could get it inside the channel. I issued them verbal warnings on all the safety equipment violations and reiterated that they needed to display an all around white anchorlight. They sai~ "Yea~ yea~ we know all that......" I documented the stop on an inspection/warning form, Incident Number 00-3A-13772. , I contacted dispatch and advised them that this vessel was going to present a problem in the future. On 08/19/00, I observed the.vessel aground, listing severely on its starboard side, no persons on board. The vessel had been intentionally grounded in less than two feet of water. It was strategically placed a few hundred feet from the bridge on Boca Chica Road to allow easy land based access. On an extremely high tide, I was able to motor over to the "Bronco". I initiated the Derelict Vessel procedure. Dispatch informed me that Officer Sharp had already been issued a DV Number. I attached an official notice (orange decal) to the vessel and spray painted DV 3362 (in red paint) on the port side ofthe vessel. (See attached photographs) Approximately a few days afterward, I showed the vessel to Officer Stanley. Someone had deliberately obscured the DV Numbers with white spray paint and additionally, spray painted the words "keep off" in three places, with blue lettering. (See attached photographs) Approximately one week after that, Officer Sharp and I observed a small re~ two door Chevy TRA- 75Z, parked on the bridge near the "Bronco". The vehicle was registered to Owen NOCAR. Officer Sharp later made contact with Owen NOCAR. On 09/12/00, approximately 1730 hours, I observed a small vessel enter the Big Coppitt canal. I entered the canal system to conduct a vessel stop, then discovered it was Jason TAYLOR in the vessel FL1808HK. Standing on the dock was Robert NOCAR TAYLOR accused me of harassing him and always stopping him. I advised him I had no idea it was his boat or him when I entered the canal system. I asked TA YLqR how he was able to bring the "BRONCO" in to such a shallow area (in Similar Sound). He said it the tide was higher when he did it. I asked where they were going to take the boat. He and NOCAR both said that NOCAR owned some land near the bridge on Boca Chica Road and they were going to put the boat along NOCAR's property. TAYLOR said it was near to where the "BRONCO" was and there was a "sea wall" area that was mostly a rocky area. . I asked Robert NOCAR who covered the red letters with white spray paint and who painted "keep off~ all over the boat. NOCAR just chuckled and said his brother (Owen NOCAR) did that. I asked NOyAR and TAYLOR if they had any idea who put the orange notice on the vessel and who painted the "Dyi' numbers in red paint. TAYLOR said, "It was probably you." (Indicating me). I also asked if they thought the letters were put there for a reason. TAYLOR and NOCAR just shrugged and T AYLOR said they didn't want no one on the boat. Robert NOCAR also told me that he now is the owner (again). At first, he sold the boat to Owen then he wanted it back so it is his boat again. The boat has been such a problem and it's giving them so many . problems. Officar(s) Reporting (please print) Kim R. Dipre, K 14 Date Data 09/12/00 :: Reviewed By: III Z i Citation Number Q C Original 'e!f Supplement 0 Number Arrested OBTS Number OEP 20-0454 (81941 7- Page -==- of / L-. - ,NCIDENT.- REPORT NARRATIVE CqNTINUATION REPORT' 00-3A-13919 "BRONCO" - Junked. Wrecked and Substantially Dismantled NOTE: Prior location of the vessel "BRONCO" has been documented on a previous but unrelated incident. Incident Number 00-3A-7706, date: 05/15/00, Derelict Vessel (DV3244) Report includes photographic evidence that the "BRONCO" was located at 5 Luna Lane, Big Coppitt Key. In summary: I 327.50(2) Federal Tampering with evidence (Owen NOCAR). Leaving a vessel in junked, wrecked, and substantially dismantled condition (Robert and Owen NOCAR and Jason T AYLOR). To date, failure to register the vessel "Bronco" (Robert NOCAR). 09/13/00 will constitute the thirty days from the date I initially made contact with NOCAR. Note: NOCAR took possession ofthe vessel prior to the 08/13/00). Lights not present (Robert NOCAR). (Each and every night since' 08/13/00). Deliberate and intentional grounding of the vessel "BRONCO" (Robert and Owen NOCAR and Jason TAYLOR). Felony 918.13(I)(a) Ml 823.11(1) M2 328.72(4) Attachments Il.I > j: ~ a: Photographs of "BRONCO". Photo # Description 1 08/19/00: Painted in red letters, DV3362 2 DV3362 obscured with white paint, "keep off" in blue paint. 3 Port tranSom displaying "BRONCO" 4 Steerage/console area 5 Port deck 6 Port bow 7 Entrance to cabin 8 Main rear deck 9 Interior cabin 10 Interior cabin Other Attachments Page- Description 9 "" Copy ofInspectionIWarning Form, dated 08/13/00. 10,r~,12 Copy of Derelict Vessel Report 3244. ,', End of Report (Total number of pages: 12) Officer(s) Reponing (please printl Kim R. Dipre, K 14 Date 09/12/00 ~ Reviewed By: !!! z ~ Citetion Number C Date Number Arrested OBTS Number Originel ,:g. Supplement 0 OEP 20-0454 (8/941 .::i: .~? Page ~ of I~ 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 used to do the least possible damage. 2 Prior to delivery of derelict vessels to the disposal site, the Contractor must remove all oil, gas and engines. He must dispose of them in any legal manner. Pure used oil will be taken by Monroe County for disposal. Mixture of oil, gas, seawater or any combination of the three must be transported from the County by an approved hazardous waste handler. The names of handlers will be supplied by the Monroe County Solid Waste Department. Metal becomes the property of the Contractor. 6. MATERIALS AND WORKMANSHIP: The Contractor shall provide the necessary materials and equipment to safely complete the job. The Contractor agrees that all work shall be performed by competent employees who are experienced and qualified to do the work specified, and that all work will be performed in accordance with the best commercial practices. A list of equipment to be used and a description of the removal and transporting procedures to be followed must be provided to the County at the pre-work ,conference described below. Precaution shall be exercised at all times for the protection of persons and property. The safety provisions of the Occupational Safety and Health Act of 1970 (public Law 91-596) and other applicable laws, including building and construction codes shall be observed. Machinery, equipment and other hazards shall be guarded in accordance with safety provisions of the "Manual of Accident Prevention in Construction", published by the Associated General Contractors of America, to the extent that such provisions are not in contradiction of applicable law. If any property is destroyed by any cause or means whatsoever, the Contractor shall repair and replace or not receive payment for the unaccomplished work. The Contractor shall maintain suitable and sufficient guards and barriers, and at night, suitable and sufficient light or other appropriate security or protection for the prevention of accidents. Use of explosives is prohibited in carrying out the project. 7. ASSIGNMENT OF CONTRACT AND SUBCONTRACTS: It is expressly understood that the Contractor is in all respects an independent Contractor for this work, not withstanding under certain conditions he is bound to follow the directions of the County, and is in no respect an agent, servant, or employee of the County. Neither the Contract, nor any part thereof, nor any Moines due or to become due thereunder, may be assigned by the Contractor without the prior written approval of the County. 3 The Contractor is fully responsible to the County for the acts and omissions of his subcontractors and of persons either directly or indirectly employed by said subcontractor, as he is for the acts and omissions of persons directly employed by him. Nothing contained in the relation between any subcontractors shall abide by the terms, conditions, and requirements of this Contract. It is the responsibility of the Contractor to pay all debt obligations incurred with subcontractors in an expedient manner. 8. LEGAL RESTRICTIONS, PERMITS AND TRAFFIC PROVISIONS: The Contractor shall comply with all applicable local, State and Federal requirements pertaining to the terms of this Contract. The Contractor will be responsible for obtaining, at his own expense, any licenses or permits that may be required and should inquire about permit requirements with the appropriate agencies. The Contractor shall comply with all the requirements of the Federal Pollution Control Act. The Contractor shall conduct his operations so that he shall not close any thoroughfare nor interfere in any way with traffic on highways, or on water, without the written consent of the proper authorities. Work shall be done at any time that shall not interrupt or disturb members of the public. Utilization of off-loading sites located on private property (water to land for transport to the landfill or other disposal site by vehicle) must have written approval of the land owner. The Florida Marine Patrol should be contacted to initiate eviction proceedings for contracted derelict vessels which are inhabited at the time of removal and when another vessel is too close to the contracted derelict vessel to allow safe operations. Direct confrontations with other boaters should be avoided and the Florida Marine Patrol should be contacted immediately if such confrontations results from removal of any contracted derelict vessels. 9. INSURANCE: The Contractor must obtain insurance required by the County and submit proof of same to the County prior to acceptance of bid and contract approval by Board of County Commissioners but no later than five working days after notice of low bidder. All insurance shall be maintained until work has been completed and accepted by the County. The Contractor shall furnish the following certificates of insurance for review by the County's Risk Management Division: Certificate (s) of Insurance which clearly indicates that he has obtained the insurance coverage required in paragraphs a,b,c and d below. 4 The Contractor hereby certifies that no modification or change in insurance shall be made without (10) days written advance notice to MONROE County, c/o the Director of the Risk Management Division. a. Worker's Compensation Insurance per Fl. Statutes b. Federal Jones Act Coverage c. General Liability Insurance on a comprehensive basis, in an amount not less than $300,00.00 per occurrence for Bodily Injury and Property Damage combined, to include contractual liability. c. Pollution Liability Insurance in the Amount of $500,000. d. Water Craft Liability Insurance in the Amount of $500,000. e. Automobile liability insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $100,000 per occurrence for Bodily Injury and Property and Damaged combined. All insurance policies required above shall be issued by companies authorized to do business under the laws of the state of Florida. The MONROE County Board of County Commissioners must be listed as "Additional rnsured" on all policies, except for the Worker's Compensation policy. 1 O. COMMENCEMENT, DELAYS AND COMPLETION OF WORK: After receiving Board of County Commission approval of the Contract, and after reconciliation of any details or conditions which may directly or indirectly interfere or conflict with work of the Contract, the County will issue a ''Notice to Proceed" officially authorizing the Contractor to commence. The Contractor shall commence work within one week from the date on the ''Notice to Proceed" letter. If the Contractor should be delayed in the progress of the work included in the Contract by enforceable causes beyond his control, the time for the completion of the work may be extended upon agreement of the County representative. Requests for an extension of time must be submitted in writing to the County representative. Extensions of time cannot legally be approved unless the written request is submitted in the time to permit it to be acted upon before~the Contract expiration date. To allow sufficient time for the administrative procedures required to obtain action by the County Commission, a request for time extension must be received by the County representative at least sixty (60) calendar days prior to the Contract expiration date. 5 Provided further that the Contractor shall within ten (10) days from the beginning of such delay notify the County, in writing, of the causes of the delay. The County representative will ascertain the facts and the extent of the delay and notify the Contractor within a reasonable time of her decision in the matter. If the Contractor fails to complete the work within the time limit, and if the County should nevertheless permit the Contractor to continue and complete the same without official extension of time in writing, such permission shall not modify nor waive any liability of the Contractor for damages arriving non-completion of work within the time limit, but such liabilities shall be subject to continuation in full force against the contractor. II. CHANGES AND INSPECTION: The vessels herein considered are to be removed for the County by the Contractor in accordance with the specifications. The County may give instructions or directions to supplement the specifications. These shall be binding upon the Contractor and upon all his subcontractors, employees and agents of every kind. All work and every process and operation shall be subject to inspection at all times, and the County and their representatives shall have free access to all aspects of the work. The Contractor shall remove and make good, as may be directed, without charge, any defective work. Oversight or error of judgment of inspections, or previous acceptance, shall not relieve the Contractor from the obligation to make good any defect whenever discovered. The right is reserved to change the Specifications consistent with regard to the general intention of the contract for any part of the work or materials, either before or after work has begun. Notice of such changes shall be given in writing to the Contractor; such changes are not to be grounds for any claim by the Contractor for damages, nor for the forfeiture of the Contract. It is possible that a Derelict Vessel could disappear between the time of inspection by the contractor and the actual effort to remove it. No payment will be forthcoming in event that this occurs. Except when otherwise specified, the expense of all testS requested by the County will be borne by the County. 12. AUDIT RIGHTS: As a provision of the grant from the State of Florida to the County, and if so requested by the State, the successful bidder agrees to provide access to all records and allow the audit of any books, documents and papers related to this project for a period of up to one year and during and after termination of the contract. 13. CONTRACT 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 which a 6 . =_,_o=-..=,,-=.,_^._._._~_'____..,.,_,,-- , 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 the time frame involved with this project, the Contractor upon notification that he is to be awarded the contract documents for execution, shall return said documents properly executed along with insurance within TEN WORKING DA YS. This will assist in acceleration of execution of the contract documents. The Contractor, by virtue of signing the Contract, acknowledges that he and all his subcontractors have satisfied themselves as to the nature and location of the work, the general and local conditions, including, but not restricted to, those bearing upon transportation, handling, access to the pick-up and disposal sites; and the character of equipment and facilities needed to perform the work. Failure on the part of the Contractor to completely or properly evaluate any factors of his costs prior to bidding shall not form a basis for additional compensation 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 $1 00 per day shall be assessed against the Contractor for any bid item awarded to him which is not completed and accepted by the County within the number of calendar days specified in the Contract. Liquidated damages are accumulative. 17. NOTICE TO PROCEED: The Contractor shall commence work upon this project within one week of the date of the Notice to Proceed letter and perform in a continuous manner until completion and acceptance by the County. For Contracts 7 wherein a specified number of days for completion is stated in the Contract, the effective date of the "Notice to Proceed with Contract Work" will establish the "beginning date" of the project. 18. TERMINATION OF CONTRACT: This Contract may be 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 landfills in neighboring countries or any other location for disposal as long as the site is a legal licensed disposal site. Prior to transportation of vessels out of County the County representative must approve. Vessels being disposed of at County Landfill sites must be free of pollutants and engines. 21. PROOF OF PROPER DISPOSAL AND NOTIFICATION TO MARINE PATROL: Contractor must submit prior to receiving any payment: A receipt for each vessel including the date of disposal, the Florida Marine Patrol Derelict Vessel Number, disposal site location, and the telephone number. Recipient of debris should provide detailed receipt showing type and description of debris received. In addition to the above infonnation, 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 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 totafly 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 (I) 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 td'the final payment for contracted work. ~ ~ , I i A j ~ ~ 1 s ~ . 1 ~ I ~ 23. NON-COLLISION AFFIDAVIT: Upon entering into the contract, the Contractor agrees to sign and endorse the Non-Collusion Affidavit form. 24. ETHICS CLAUSE: Upon entering into the contract, the Contractor agrees to sign and endorse the Ethics Clause form. 25. DRUG FREE WORK PLACE FORM: Upon entering the contract, Contractor agrees to sign and endorse the Drug Free Work Place form. 9 EXRUIT C 1996 Edition -=-- !. ... 1\10NROE 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 in 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 WCl WC2 \\FC3 WCUSLH X Workers' Compensation X Employers Liability Employers Liability Employers Liability US Longshoremen & Harbor Workers Act X Federal Jones Act Statutory Limits $ J 00,000/$500,000/$ 1 00,000 $300,000/$500,000/$500,000 $ 1 ,900,000/$1 ,000,000/$1 ,000,000 Same as Employers' Liability Same as Employers' Liability ~TCJA INSCKLST 1 Admmistration Instruction 1147092 1996 Edition VEHICLE LJABJ[~~Y- .... As a minimum, coverage should extend to liability for: · Owned; Non-owned; and Hired Vehjcles Required Limits: VLI x $50,000 per Person: $100,000 per Occurrence $25,000 Property Damage or $100,000 Combined Single Limit $100,000 per Person; $300,000 per Occurrence $50,000 Property Damage or $300,000 Combined Single Limit $500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Ljrnit $5,000,000 Combined Single Li11J.it VL2 VL3 VL4 MISCELLA NEOUS COVERAGES BRI MVC Motor Truck Cargo Limits equal to the completed project. Limits equal to the maximum value of anyone shipment. Builders' Risk PROl PR02 PR03 POLl POL2 POL3 EDl ED2 GKl GK2 GK3 WLl Employee Dishonesty $ 250,000 per Occurrencel$ 500,000 Agg.. $ 500,000 per Occurrencel$l,OOO,OOO Agg. $1,000,000 per Occurrence/$2,000,000 Agg. $ 500,000 per Occurrencel$l ,000,000 Agg. $1,000,000 per Occurrencel$2,000,000 Agg. $5,000,000 per Occurrencel$l 0,000,000 Agg. $ 10,000 $100,000 Professional Liability x Pollution Liability Garage Keepers $ 300,000 ($ 25,000 per Veh) $ 500,000 ($100,000 per Veh) $1,000,000 ($250,000 per Veh) Watercraft Liability $500,000 INSCKLST 3 x AdmlnlSlrallOn Instruction 1147092 1996 Edition INSURANCE AGENT'S ST~TEMENT . . ~ r have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. . POLICY . . DEDUCTIBLES Liability policies are _ Occurrence Claims Made Insurance Agency Signature , BIDDERS ST A TEMF:NT 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 Administration Instruction ti~709,2 1996 Edition 'VORKERS' COMPENOA"flON INSURANCE REQUIRE~1ENTS FOR "'., CONTRACT I BET\VEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insw-ance with limits sufficient to respond to Florida Statute 440. In addition, the Contractor shall obtain Employers' Liability Insurance \\ith limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee ~ 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 I nstrucllon 114709.2 1996 Edition \"ORKERS' COl\{ri;:N3A TION INSURANCE REQUIREMENTS FOR CONTRACT , ' BET\VEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract involves Maritime Operations, the Contractor's Workers' Compensation Insurance Policy shall include coverage for claims subject to the Federal Jones Act (46 U.S.C.A. subsection 688) with limits not less than those specified for Employer's Liability. The Contractor shall be permitted to provide Jones Act Coverage through a separate Protection and Indemnity Polic)', in so far as the coverage provided is no less restrictive than would have been provided by a Workers' Compensation policy. ~ WCJA Adminastratlon Instruction 114709 2 . ~ ....t ~ 1996 Edition GENERAL LIABIJ;.9'V. INSURANCE REQUIREl\fENTS FOR CONTRACT I 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 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 OccUlTence S SO,OOO.Property Damage An OccUlTence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfY the above requirements. GLl Administration Instruction #4709.2 1996 Edition VEHICLE LIABILi'i=r t. INSURA.&"lCE REQUIREMENTS FOR .. CONTRACT BETWEEN l'\fONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: . Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $100,000 Combined Single Limit (CSL) . .t. If split limits are provided, the minimum limits acceptable sh~l b:: $ 50,000 per Person $100,000 per Occurrence $ 25,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. VLl Adminl~trall()n InstruclIon #4709 2 80 1996 Edition POLLUTION LIABILITY INSURANCE REQUIREMENTS FOR .. - CONTRACT BETWEEN MONROE COUNTY, FLORIDA A!\T}) 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 damage, and environmental damage caused by a pollution incident. The minimum limits of liability shall be: $500,000 per OccUlTence/$l ,000,000 Aggregate If coverage is proyided on a claims made basis, an extended claims reporting period of four (4) years will be required. POLl Administration Instruclion #4709.2 71 ~~ ~;.' ~ -' .', . '-.. -. ~ .'. . ',~ '!', 1996 Edition . \V A TER CRAFT LIAB~ INSURANCE REQUlREl\~N1~ FOR CONTRACT I I BET\\'EEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract; the Contractor shall obtain Water Craft Liability Insurance with terms no less restrictive than those found in the standard" American Institute Hull Clauses" (June 2, 1977 edition). Coverage shall be maintained throughout the life of the contract and include, as a minimum: · Injury (mc1uding death) to any Person · Damage to Fixed or Movable Objects · Costs Associated with the Removal of Wrecked Vessels · Contractual Liability with Respect to this Contract If the policy obtained states that coverage applies for the It 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: $500,000 Combined Single Limit (CSL) Coverage provided by a Protection and Indemnity Club (P~I) shall be subject to the approval of the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies is~~ed to satisfy the above requirements. \VLl AdministTatilln Instruction 147092