HomeMy WebLinkAbout1999-140i
w INDIAN RIVER COUNTY, FLORIDA
CHANGE ORDER NO. 1
PROJECT: ARTIFICIAL REEF PROJECT
CONTRACTOR: MCCULLY MARINE SERVICES
2419 TAMARIND DRIVE
FORT PIERCE, FL. 54949
ITEM
NO.
1
2
3
DESCRIPTION OF CHANGE QUANT. ` UNIT UNIT TRICE ' PXICE
– --- -- DECREASE � PRICE I INCREASE, DECREASE
LOAD AND TRANSPORT MATERIAL FROM i TN 700 $2.00 i $1,400.00
DONORS(FEC) YARD TO THE WATERFRONT
STAGING AREA.
LOAD MATERIAL FROM WATERFRONT STAG- TN 700 $5.0{I
ING AREA TO BARGE.
TRANSPORT AND DEPLOY MATERIAL (325 TONISITE) TN 700 $18.00
AT FOUR (4) DESIGNATED ARTIFICIAL REEF SITES,
TOTAL INCREASEI[JECREAS IN CONT'f ACT pRIC _ _ —
CURRENT CONTRACT PRICE FOR 2000 TONS
NET CHANGE IN CONTRACT PRICE FOR 700 TONS
THIS DUE TO THIS CHANGE ORDER
NEW CONTRACT PRICE FOR 1300 TONS
INCLUDING THIS CHANGE ORDER
E EER'S RECOMMENDATION
I have exarnined the above changes. They are necessary to satisfactorily complete the Contract. The
price changes are reasonable d ecommend that I}e made.
ENGI - -- DAT F7
CONTRAC,TOR'S APFROVAL
$3,500.00
$11,200.00
$16.100.00
46 000.00
i 100.00
29 90o. 0
I agree that the above changes In said Contract, In accordance with Specifications for
the price changes sho n are satisfactory.
RACTOR DATE
INDIAN RIVER'OUNTY
BOARD E CuUN.TY COMMISSIONERS
Indian River County Approved
Administration dr
2 tPYBudget ' o
e net: R, fro ht, h Arman Legal
Public Works
Division
lea .
08104f99.COIREEF
Date
SAO 9
CONTRACT DOCUMENTS AND
SPECIFICATIONS
FOR
IRIDIAN RIVER COUNTY, FLORIDA
ARTIFICIAL- REEF PROJECT
IRC BID # 9056
GRANT AGREEMENT NO. OFMAS-122
PREPARED FOR
THE BOARD OF COUNTY COMMISS;ONERS
INDIAN RIVER COUNTY, FLORIDA
TABLE OF CONTENTS
BID PACKAGE
BIDS FOR INDIAN RIVER COUNTY
ARTIFICIAL REEF PROJECT .............................
AB - I
PLANS AND TECHNICAL SPECIFICATIONS— � ..................
PTS - I
BID SCHEDULE ..............................................
BS -5
CONTRACT..................................................
C-1
GRANT REQUIREMENTS .....................................
GR -1
INFORMATION REQUIRED OF BIDDERS .. . .......................
Q-1
STATEMENT OF PUBLIC ENTITY CRIMES .........................
S-1
SWORN STATEMENT UNDER SECTION 105.08, INDIAN RIVER COUNTY CODE,
ON DISCLOSURE OF RELATIONSHIPS .....................
SS -1
DEP Grant Agreement OFMAS-1 22 .......... ... I ...... I ...........
A-1
BIDS FOR
INDIAN RIVER COUNTY
ARTIFICIAL REEF PROJECT
Bids will be received by Indian River County until 2,00 PM on Friday April 30, 1999.
Each Bid shall be submitted in a sealed envelope and shall bear the name and address
of the bidder on the outside and the words "INDIAN RIVER COUNTY ARTIFICIAL, REEF
IPROJEC r." All bids, either mailed or walked in, will be received by the Purchasing
Division, 2625 19th Avenue, Vero Beach, Florida. All bids received after 2:00 P.M., of the
day specified above, will be returned unopened.
INDIAN RIVER COUNTY BI's # 9056
INDIAN RIVER COUNTY ARTIFICIAL REEF PROJECT
GRANT AGREEMENT NO.OFMAS-122
All material and equipment furnished and all work performed shall be in strict
accordance with the plans, specifications, and documents contained herein.
All bids shall be submitted on the Bid Proposal forms provided within the
specifications.
The County reserves the right to delay awarding of the Contract for a period of sixty
(60) days after the bid opening, to waive informalities in any bid, or reject any or all bids in
whole or in part with or without cause/or to accept the bid that, in its judgement, will serve
the best interest of Indian River County, Florida,
Ail - t
COUNTY OF INDIAN RIVER, FLORIDA
REQUEST FOR BIBS
Bid Number 9056
ACCEPTANCE TIME/DATE: Before 2:00 P.M.
Friday, April 30, 1999
ACCEPTANCE PLACE: Mail:
Hand Deliver:
Purchasing Division
2625 1911 Avenue
Vero Beach, FL. 32960
Indian River County Warehouse
2625 19'" Place
Vero Beach, FL. 32960
REQUEST FOR INFORMATION REGARDING THIS REQUEST FOR BIDS SHOULD BE
DIRECTED TO:
Jeffrey R. Tabar, P.E.
Coastal Engineer
Indian River County
Administration Building
1840 2511 Street
Vero Beach, FL. 32960
Phone 561-567-8000
Extension 344
PLANS %ND TEGHNICAL SPECIFICATIONS
INSTALLATION OF ARTIFICIAL REEF MATERIALS
DESCRIPTION
Indian River proposes to place materials consisting of type 3 concrete railroad ties
in approximately 60 feet of water on four (4) permitted sites consistent with
requirements of DEP Contract Agreement No. OFMAS-122, a copy of which is
included.
The railroad ties will average 690 lbs/tie and vary from 7" x 12" x 8'6" to 8"x 8"x10'.
Some ties are broken but held together by the strand.
LOCATION OF PROJECT
The Artificial Reef sites are located approximately 12 nautical miles east of
Sebastian Inlet. A chartlet describing each site location is attached. The exact
location for material deployment will be marked by temporary buoys and verified by
Indian River County staff immediately prior to material placement. This is an
approved, charted artificial reef site with active permits from all applicable agencies.
Reef Site # tUo h Latitude West Longducle Depth
#1
270 55,401"
80° 20.059'
55 feet
Distance and Bearinrr
from Sebastian Inlet
58.5°, 7.2 nm.
#2 279 55.507' 80' 15.507' 66 feet 69.7°, 41.2 nm.
#3 27° 54.299' 80' 43.276' 71 feet 88°, 13.7 nm.
#4 270 55.103' 80* 12.299' 73 feet 80°, 15.1 nm.
Ili. INSPECTION
The County has designated Jeffrey R. Tabar, P.E.,(County Coastal Engineer) as the
Project Manager. The Contractor shall give the Project Manager, or his designee,
access to the staging area and make provision to have the Project Manager on
board the barge at all times during the transportation and placement of the
materials. Materials placed without onsite approval of the Project Manager shall
be subject to removal or relocation at no additional costs to the County. The
Contract or shall give the County a minimum of 72 hours notice of any work
schedule or schedule change that requires the presence of the Project Manager.
IV. MATERIAL SPECIFICATIONS
A. Materials supplied by County.
1. Concrete railroad ties. Secured by donation from Florida East Coast
Railroad ('FEC). Railroad ties may vary in dimensions and weights as
described above. Total tonnage is estimated at 2000 tons to be
deployed (500 (onslsite.)
PLANS AND TMINICAL SPEOFICATtONS
PTS - 2
B. Materials supplied by the Contractor.
i. Contractor will furnish all material, labor, supervision and equipment
necessary to complete the job that is not specifically listed as
furnished by the County and Is necessary to ensure timely, effective
and safe completion of the project.
V, MATERIAL. PLACEMENT
A. Unforeseen Conditions
The Contractor shall pr®mptly notify the County, in writing, of any
circumstances differing from those indicated or referred to in the contract
documents. The County will review the situation and advise the Contractor
of its recommendations before the Contractor shall proceed further.
B. Land Transportation
The Contractor shall coordinate with the concrete donor (FEC) to transport
the materials from the donors' property to the waterfront staging area.
Material pick up will be coordinated in advance with the County Project
Manager and the donors. Concrete materials are available from the donor
in Fort Pierce materials yard. Please contact Joe Andreu (FEC) to
coordinate,
C. Staging Area
The Contractor shall provide an appropriate waterfront staging area from
which to load the materials for transportation to the reef site.
D. Material Placement
1. Contractor shall use a Coast Guard approved load line certified barge
or other suitable vessel for offshore movement, including a sufficiently
powered transport to towing vessel, personnel, and all necessary
equipment to transport the material offshore and deploy it. The tug or
transport vessel as well as the County's vessel shall be equipped with
a working, accurate Differential GPS unit, a fathometer, and a working
VHF radio. Effective and reliable communications shall exist at all
times between the tug, barge, and the designated County observer on
site.
2. The Contractor shall have on site current nautical charts of the
deployment area, with the permitted site indicated on the chart, and
the proposed reef area coordinates.
S. Reef material loaded on to the transporting vessel must be properly
secured to allow for its safe transport during both inshore and offshore
transits.
4. Deployment operations will only be initiated when sea height in the
operations area is no greater than two to four feet as forecast by the
nearest NOAA weather office. The County observer reserves the
right to suspend off-loading operations if positioning and other
deployment objectives are not being met. The County or the
contractor may suspend off-loading operations if sea or weather
PLANS AND TECHNICAL SPECIFICATIONS
FTS - l
conditions or any other circumstances may place personnel or
equipment in harms's way.
5. The materials will be placed on the reef site in a location determined
and marked by the County. The County project manager shall verify
the location immediately prior to material placement.
6. During the deployment of the concrete reef material, at each site, the
transport vessel must be effectively moored through double
anchoring, spudding, or otherwise held securely in place with minimal
movement (t 50 feet) to ensure accurate placement of concrete
railroad ties on the bottom.
7. Resulting from broken or damaged ties, any material not satisfying the
placement specifications will be subject to removal or relocation by
the Contractor at no expense to the County.
8. Upon initiation of the loading and transport of the reef material by the
Contractor, all liability, risk of loss and responsibility for the safe
handling, storage, transportation and deployment of the materials
shall be borne by the Contractor. This liability, assumption of risk and
responsibility shall remain with the Contractor until the materials are
deployed at the permitted reef sites in accordance with these
specifications.
9. The Contractor shall obtain a copy of the County's reef Material
Placement Report. This form shall be completed and returned to the
County project manager prior to final payment being made. An
inventory must be provided to the County as part of the Materials
Placement Report, of the individual concrete ties deployed at each
reef site. Additionally, the barge dimensions, the draft of the barge
dockside without the reef materials on board, and the draft of the
barge dockside with the reef materials loaded must be provided.
E. Key Contacts
1. Indian River County
Coastal Engineering Division
1840 261" Street
Vero Reach, FI. 32960
Jeffrey R. Tabar, P.E., Phone; (561)567-8000, ext. 344
FAX; (561) 770-5403
2. Florida Department of Environmental Protection (FDEP)
Office of Fisheries Management
Marjory Stoneman Douglas Bldg.
3900 Commonwealth Blvd.
Tallahassee, FL 32399-3000
Jon Dodrill Phone: (850)5224340
PLANS AND TECHNICAL SPECIFICATIONS
YTS - 4
3. Donor of Material
Florida East Coast Railroad (FEC)
353 Florida Avenue
Ft. Pierce, FL. 33450-4362
Bill Diehl(Supervisor) Phone: (800)342-1141 ext. 232.9
Jon Andtou (Materials Supervisor) Prone: (84(})342-1131 ext. 5680
(561)464-8276
Mobile: (561)216-4110
4. Berthing f=acilities:
Indian River Terminal
100 Terminal Drive
Fort Fierce, FL. 34950
Bill Leshe' (General Manager) Phone: (561)465-7700
FAX: (561) 465-7731
Pager: (888)878-9549
VI. DOCUMENTATION
The Contractor must retain, for a period of not less than three years foflowing the
completion of the project, all records, documents and papers relative to the work
performed on this project, and must provide access to all project records to allow
the .audit of any relevant' books, documents, and papers by the County and/or the
State of Florida within this period of time.
1111. TIME OF COMPLETION
A. Prosper placement of all material shall be completed before June 15,
1999.
1. The Contractor shall flake into account all contingent work which
is to be done by other parties, arising from any clause
whatsoever, and shall not plead his want of knowledge of said
contingent work as an excuse for a delay in his work, or for its
non-performance.
2. In the event that the construction of the project is not complete
by June 15, 1999, the County shall [lave the right to cancel its
obligations of any and ail financial responsibility for the project.
B. The County will perform a final inspection within fifteen (15) calendar
days of notice from Contractor of completion of work.
Vlll. BASIS OF PAYMENT
The work to be done includes the transportation of the County selected materials
from the donors' yard to the staging area, loading of the material onto the Contractor's
barge, transportation to the reef sites and placement of the material on the bottom in
accordance with the specification requirements. Payment shall be full compensation for
all services, labor, tools, equipment, and all other items necessary to complete the work
in accordance with these Specifications.
PLANS ANO TECHNICAL SPECIFICATIONS
:TS - 5
ITEM wig i
Base Bid Loading, transportation and placement Lump Sum
of 2000 tons(500 tons at each roof site)
of concrete railroad ties, averaging 600
lbs/tie and varying from 7"x32"x 8'6" to
VWN10'.
PLANS AND TECHNICAL SPECIFICATIONS
ARTIFICIAL REEF PROJECT
GRANT AGREEMENT OFMAS-122
ITEMIZED 131D SCH-EDULE(I=XHIBIT "A" TO C
t
Load and transport mater*area2000
TN
°
$ Li' 000
donors(FEC) yard to Itie waterfronarea.
:T-�4
f- GLk 0-
2
Load material from waterfront stagTN
4RS
a °
TtfatcsR�JD
barge
$ tp+Qpato
3
Transport and deploy malarial {5UQ
TN
FIVE
$1(� °°
TIE N
$ 3�,aoc�at
four (4) designated artificial reef
5 s XTtto
T1j%ftTy TWO
TOTAL BASE 131D- I I � @ �p'600
WFORT Y PX
DID sC-11 :uutj
CONTRACT
INDIAN RIVER COUNTY, FLORIDA
GRANT AGREEMENT NO. OFMAS-122
THIS AGREEMENT made and entered into on the day of_, 1999, by and
between McCully Mari!ie Services Inc. 2419 Tamarind Dr. Fort Pierce. -FL. -34949
(Wale)
herein after called the Contractor, and INDIAN RIVER COUNTY, a Political Subdivision of the State of
Florida organized and existing under the Laws of the State of Florida, hereinafter called the County.
WITNESSED:
That the Contractor and the County, for the consideration hereinafter named, agree as follows:
Article 1. SCOPE OF WORK: The Contractorshall furnish all labor, services, equipment and perform
all the work described in the Specifications entitled;
ARTIFICIAL REEF PROJECT
PLANS AND TECHNICAL SPECIFICATIONS
GRANT AGREEMENT NO.OFMAS-122
for Indian River County, Florida and shall do everything required by this Agreement and
Contract Documents, Payment shall be made in accordance with the Itemized Bid
Schedule attached as Exhibit °A" and made a part of this agreement.
Article 2. COMMENCEMENT AND COMPLETION & DAMAGES:.
As time is of the essence, the Contractor will be required to commence work immediately
after receipt of the notice -to -proceed and shall complete the project before June 15,1999.
The time stated for completion shall include final clean-up of the premises, The Contractor
agrees to reimburse Indian River County, Florida liquidated damages iUar each calendar
day elapsing between the date herein specified as the day of full completion and the actual
day of such completion of the Contract work the amount of one hundred dollars ($100) per
calendar day. Not to exceed the total amount of the contract.
Article 3. THE CONTRACT 'SLIM: The County will pay the Contractor for performance of the
Contract, subject to additions and deductions prodded therein, in current funds as follows;
Numerical Amount 46 009.00
Written Amount FoLty Six Thouspod Dollars
Article 4. ACCEPTANCE AND PAYMENT: Upon receipt of written notice that the work is ready for
final Inspection and acceptance, the County Project Manager will promptly make such
inspection and when he finds the work acceptable: under the terms of the Contract and the
Contract fully performed, he will promptly issue a final certificate, over his own signature,
stating that the work provided for in this Contract has been completed, and acceptance by
him under the terms and the conditions thereof is recommended and the entire balance
found to be due the Contractor, will be paid to the Contractor by the County following
County Commission approval of the final Contract payment.
Before issuance of a final certificate, the contractor shall submit evidence satisfactory to
the County Project Manager that all payrolls, material bills, and other indebtedness
connected with the work have been paid. The making and acceptance of the final payment
shall constitute a waiver of all claims by the County, other than those arising from unsettled
liens, from faulty work appearing after final payment or from requirements of the
Specifications and of all claims by the Contractor, except those previously made and still
unsettled.
Article 5. INDEMNIFICATION: The Contractor, upon his pari, agrees to protect, indemnify, save
harmless, and insure the County from any liability to any persons for injuries to the person,
including loss of life, or damage to property, resulting from the acts or omissions of the
Contractor in performing his obligations under this Contract. The parties expressly
recognize that the relationship between the County and Contractor is that of owner and
independent contractor, and that neitherthe Contractor nor any of his servants, agents, or
employees shall ever be considered to be an agent, servant or employee of the County.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first written
above. e► If .,<I
(Seal)
INDIA IVER CO
By'"4
nne#h R. Macht, Chairman
Dated: sr�r h_
Attest
Attest
Jeffrey K. Barton,
Ga e
India nrtiverCounty
Appraved
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INDIAN RIVER COUNTY, FLORIDA
APPLICATION FOR PAYMENT NO.
PROJECT NO: ACCOUNT
PROJECT:
CONTRACTOR NAME/ADDRESS:
APPLICATION DATE: FOR PERIOD ENDING
STATEMENT OF WORK.
Original Contract Price $ _ Materials Stored $
Not Change Orders $ (Attach detailed schedule and paid Invoices)
Current Contract Price Total WordfMaterials to Date $
Work to Date: Less 46% Retainage $
Under Original Contract $ Sub Total g
Under Change Order $ _ Less Prior Payments $
Percent of Work Completed to Date %
BALANCE DUE THIS PAYME=NT $
Contractors Certification
The undersigned CONTRACTOR hereby certifies that all items and amounts on the Face of this
application for payment are correct; that all work has been performed and/or materials supplied In full
accordance will) the terms and conditions of the contract.
The undersigned CONTRACTOR hereby swears under penalty of perjury that (3) all previous
progress payments received from the OWNER on account of work performed under the contract
referred to above have been applied by the undersigned to discharge in full all nhlinntinnc of she
undersigned incurred in connection with work covered by prior Applications for Payment under said
contract, being Applications for Payment numbered 1 through inclusive; and (2) all materials
and equipment incorporated in said project or otherwise listed In or covered by this Application for
Payment are free and clear of all liens, claims, security interests and encumbrances.
Dated-- , ig
(Contractor)
BY:
(NamefTitie)
COUNTY OF INDIAN RIVER
STATE OF FLORIDA
Bafore ma this day of , 19— ;personally appeared
~known to me, who being duly sworn, deposes and says that (s)he is the
of the CONTRACTOR above mentions; that (s)he executed the above Application for
Payment and statement on behalf of said CONTRACTOR; and that all of the statements contained
hereln are true, correct and complete.
Notary Public
My Commission Expires
Ct TRAe-r
AP
GRAFT REQUIREMEN"fS
This project Is being funded by a grant from the Federal Aid in Sport Fish Restoration Program
(CFDA No. 15.605) through tile Florida Department of Environmental Protection in accordance
with the provisions of Florida Statutes, Section 370.25, and administered under the rules
established by Chapter 62R-9, Florida Administrative Code, in accordance with the grant
agreement between the County and the Florida Department of Environment protection, the Bidder
shall comply with the following conditions and requirements:
1. Chapter 62R-9 (Tire Comprehensive ArlificiaT Fishing Beef Program Control rode) of the
Florida Administrative Code is expressly made a part of the project specifications and
incorporated herein by reference as if fully set forth. The BIDDER agrees to abide by and
comply with all provisions of said rules.
2. All invoices submitted for ,payment shall include sufficient detail to perform a proper pre -
audit or post -audit review, as required by the COUNTY and the Florida Department of
Environmental Protection. This may include, but not be limited to, invoices with costs per
hour or per toad defined, canceled checks, bidding documents, etc.
3. The BIDDER agrees to provide access to all records, to allow the audit of any books,
documents and papers relating to this project. All records, documents, and papers relative
to this project should be retained for a period not less than three years from the completion
of the project. All documents, papers, letters, or other material in conjunction with this
project shall be public record and treated in the same manner as other public records
under general law and such records may be audited by the State of Florida Auditor
General.
4. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not perform work as a grantee, contractor, supplier,
subcontractor, or contractor under a contract with any public entity, and may not transact
business with any piilzlic entity in excess of the ttlreshold aniuuIll provided in Section
287.017 Florida Statutes, for Category Two for a period of thirty-six (36) months from the
date of being placed on the convicted vendor list.
5. The Contractor shall comply Willi all applicable federal, state, and local rules and
regulations in providing services to the County under this Agreement. The Contractor
acknowledges that this requirement includes compliance with all applicable federal, state,
and local health and safety rules and regulations.
6. The CONTRACTOR shall be famillarwith the enclosed agreement (OFMAS-122) and
shall be required to comply with the conditions set-fortil.
Inranee Re uirenlerrts
The Contractor selected will be required to furnish evidence of insurance(s) to the County
as set forth below:
In the event any contractor cannot obtain insurance (s) as required herein, he may submit
a letter addressed to the County Corlstal Engineer, setting forth rill reasons why lie cannel
obtain such insurance(s). Tllat leiter shall contain alternative insurance levels to tie
obtained by the contractor. That letter and its contents shall bre considered to be part of
the contractor's response to the Bid. The successful contractor shall provide workers'
compensation insurance as required by law.
aiRM' PKQ1visJv_MENT`M
A. Worker's Compensation for Errlpler's Liability €nsurance, Statutory requirements
for worker's compensation and employer's liability of $100,000 each accident,
$500,000 disease policy limit, and $100,000 disease each employee.
B. Business Automobile Insurance - This coverage should include owned, hired and
non -owned vehicles ata minimum combined single limit of $500,000 per
occurrence,
C. Commercial General €ahi_ WY-!nsurance - Commercial general liability coverage,
including contractual liability and irydependent contractor, with a minimum combined
single limit of $500,000 per occurrence and personal coverage of $50,000. County
shall be an additional insured.
D. professional Liability Insurance - Professional liability insurance at a minimum limit
of $500,000.
B. Contractor agrees to provide the insurance required, written by a carrier licensed
to do business in Florida. The insurance company selected shall be rated A+VII or
better, per the Best's Key Rating Guide.
F. Indian River County must be added as an insured on all policies described above.
A certificate of Insurance (s) will be provided to the Risk Manager for review and
approval ten (10) days prior to the commencement of any work under the contract.
The certificate shall provide for Indian River County to be named as additionally
Insured forBusiness Automobile Insurance and General Liability Insurance forwork
under this contract.
G. The County shall be given thirty days written notifications of their intent to cancel or
modifications of any stipulated insurance, insurance coverage shall be written on
an occurrence basis with a company licensed to do business in the State of Florida.
H. To the extent of the insurance benefits under the insurance policies required herein,
described in Paragraph D above, whother indemnity payments, defense costs, or
otherwise, the contractor shall indemnify and save the County harmless from the
actions, payments and judgements arising from personal injuries or act or omission
of the contractor, his agents, servants or employees, in execution or guarding of the
work, including any and all expense, legal or otherwise, incurred by the County or
its representatives in the defense of any claim or suit.
T. I-tdf,D HAR�VIIsBSS CLPvl15
The Bid shall provide for the contractor holding harmless the County and representatives
thereof from all suits, actions, or claims of any kind brought on account of any injuries or
damages sustained by any person or property in consequence of any neglect in
safeguarding contract work, or on account of any act or omission by the contractor or Its
employees, or from any claims or amounts arising or uncovered under any law, bylaw,
ordinance, regulation or decree.
B, Cantractars FIRM CElT€F(CATI{3N
The County of Indian River requires, as a matter of policy, that any Contractor or firm
receiving a contract or award resulting from the Bid issued by the County of Indian River,
Florida, shall make certification as below. Receipt of such certification, under oath, shall
be a ,prerequisite to the award of contract and payment thereof.
I (we), hereby certify that if the contract is awarded to me, our firm, partnership, or
corporation, that no members of the elected governing body of Indian River County, nor
any professional management, adininislrative official or employee of the County, near
members of his or her immediate farnily, including spouse, patents, or children,rlor any
Person representing or purporting to represent ally members or mernbers of the elected
governing body or other official, has solicited, has received or has been promised, directly
or indirectly, any financial benefit, including but not lirnitc.d to a foe, corrlmission, finder's
rat $111"IMMUrs'rs
fee, Political contribution„ goods or services in return for favorable review of any Bid
submitted in response to the Request for Bids or in return for execution of a contract for
performance or provision of services for which Letters of Interest are herein sought.
Handwritten Signature of Authorized Principal(s):
TITLE: 'O s ? D f.&J -T
NAME OF FIRM/PARTNERSHIP/CORPORATION' f�c-Ctlle) oar; ne Se
DATE: - a�
INFORMATION REQUIRED OF 13IDDERS
GENERAL INFORMATION
THE UNDERSIGNED BIDDER GUARANTEES THE TRUTH AND ACCURACY OF ALL
STATEMENTS AND ANSWERS HEREIN CONTAINED. FAILURE TO COMPLY WITH THIS
REQUIREMENT MAY BE CONSIDERED SUFFICIENT JUSTIFICATION TO DISQUALIFY A
BIDDER. ADDITIONAL SHEETS SHALL BE ATTACHED AS REQUIRED.
'I. Contractor's Name/AddressC' I e � ;n c Seri s ism
2. Contractor's Telephone & FAX Numbers: 56, t - k
3. Contractor's License:
4. Number of years as a Contractor in construction work of the type involved in this
contract;
5. What is the last project of this nature that you have c
saa, CQ tAn� Rrr- c,AL- R,EF
111
6. Have you ever failed to complete work awarded to you; if so, where and why?
rf n
7. List the names and titles of all officers of Contractor's firm:
C!71e:r rstrcn(- F, c Cu k+ — s , & —,
8. Name of person who inspected site or proposed work for vorur firm: Name. pate of
iiiSPectlon: , n "i� � " i f1 C�. I<k f-� f (, , 7>9, t `I `i 9
NOTE; If requested by the County, rhe Bidder shall furnislr a notarized financial Statement, references and
other Information, sufficiently comprehensive to permit an appraisal of his current financial condition.
)�
4B'rdder) �
L' 1
LIST OF SUB -CONTRACTORS
The Kidder WILL list balow the name and address of each Sub-Contractorwho will perform
work under this Contract in excess of one-half percent of the total bid price, and WILL also
list the portion of the work which will be done by such Sub -Contractor. After the opening
of proposals, changes or substitutions will be allowed with written approval of Indian River
County. Sub -Contractors must be properly licensed and hold a valid Certificate of
Competency.
Z
3.
4.
5.
v.
7.
M
Work to be performed Sub-Contractors's NamelAddress
Nate: Attached additional sheets If required.
STATEMENT OF PUBLIC ENTITY CRIMES
This form is a sworn statement under Section 287.133(3)(a), Florida Statutes, on
public entity crimes and must be signed in the presence of a notary public or other
officer authorized to administer oaths.
9. This sworn statement is submitted with Bid, Proposal or Contact No.
for SCr� ,�'101AL te' Y'60.T`95
2. This sworn statement is submitted by0�qI', Qr -Ae
e d e 5 �c—
(narne of entity subm lling sworn statement)
whose business address is I iavvinr;,-,A Or, F . (�;e�F� i~t_ 3ygY4
and applicable) its Federal Employer Identification Number (FEIN) is _
(if the entity has no FEIN, include the Social Security Number of
the individual signing this sworn statement: )
3. My name is AA and nfry
please print name or individual signing}
relationship to the entity named above is ("re ri d e n
4. 1 understand that a "Public Entity Crime" as defined in 'Paragraph 287.133(1
Florida Statutes, means a violation of any State or Federal law by a person with
respect to and directly related to the transaction of business with any public entity
or with any agency or political subdivision of any other State or with the United
States, including, but not limited to, any bid or contract for goods or services to be
provided to any public entity or an agency or political subdivision of any other state
or of the United States and involving antitrust, fraud, theft, bribery, collusion,
racketeering, conspiracy, or material misrepresentation.
5. 1 understand that "convicted" or "conviction" as defined in Paragraph 286.133(1)(b),
Florida Statutes, means a finding of guilt or a conviction of a public entily crime, with
or without an adjudication of guilt, in any Federal or State trial court of record
relating to charges brought by indictment or information after July 1, 1989, as a
result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.
B. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a),Florida
Statu es, means:
a. A predecessor or successor of a person convicted of a public entity crime;
or,
b. An entity under the control of a natural person who is active in the
management of the entity and who has been convicted of a public entity
crime. The term "affiliate" includes those officers, directors, executives,
partners, shareholders, employees, members, and agents who aro active in
the managenlerrt of an affiliate. Thu, ownership by one parson of shares
constituting a conti-ollirig interest in ;another persue, or a pooling of
�;MT'urlir rq r•URLIr irinify cltr►p r
S - i
equipment or income among persons when not for fair inarket value under
an arm's length agreement, shall be a prima facie case that one person
controls another person. A person who knowingly enters into a joint venture
with a person who has been convicted of a public entity crime in Florida
during the preceding thirty-six (36) months shall be considered an affiliate.
i understand that a "person" as defined in Paragraph 257.133(1)(e),Flcrida Statutes,
means any natural person or entity organized under the laws of any state or of the
United States with the legal power to enter into a binding contract and which bids
or applies to bid on contracts for the provision of goods or services let by a public
entity, or which otherwise transacts or applies to transact business with a public
entity. The term "person" includes those officers, directors, executives, partners,
shareholders, employees, ineinbers, and agents who are active in management of
an entity.
8. Based on Information and belief, the statement which I Have marked below is true
In relation to the entity submitting this sworn statement. (Please indicate which
statement applies.)
i+feither the entity submitting this sworn statement, nor any officers, directors,
executives, partners, shareholders, employees, members, or agents who are active
in management of the entity, nor any affiliate of the entity have been charged with
and convicted of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of the officers, directors,
executives, partners, shareholders, employees, members, or accent who are active
in management of the entity, or an affiliate of the entity have been charged with and
convicted of a public entity crime subsequent to July 1, 1989, (Please indicate which
additional statement applies.)
There has been a proceeding concerning the conviction before a hearing officer of
the State of Florida, Division of Administrative Hearings. The final ordef entered by
the hearing officer did not place the person or affiliate on the convicted vendor list.
(Please attach a copy of the final order.)
The ,person or affiliate was placed on the convicted vendor list. There has been a
subsequent proceeding before a hearing officer of the State of Florida, division of
Administrative Hearings. The final order entered by the hearing officer determined
that it was in the public interest to remove tate person or affiliate from the convicted
vendor list. (Please attach a copy of the final order.I
There person or affiliate has not been placed on the convicted vendor list. (Please
describe any action taken by or pending with the Department of General Services.)
��sigrtaCure)
(date)
5 - s
STATE OF j`;f . jj
COUNTY OF 3 r..,.f :
PERSONALLY APPEARED BEFORE ME, the undersigned authority, who,
after first being (name of individual signing)sworn
by me, affixed hlsfher signature In the space provided above on thisr
day of
JACK S[O 1 TE61
MY COMMIS9ft}N 1 CIC 6I225Q
EXPIRES; DecemLmr?2, 1998
8f. . •' BanMd Ofu Hatay tmdenHlpe42
NOTARY PUBLIC
1
My commission expires;
STATEMENT OF PVht.lC 6t:" YY CRIMKS
S - 3
5111195 (doradls Uose.doc)bl I
S- WORN STATI~T U D{ R S CTICIN 105.98,
INDIMIKE R �QIl�4.L CSC}[] ,
ON DISCLOSURE OF REL6T1QN41jIPS
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC Oil OTHER
OFFICER AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted with Bid, Proposal or Contract No, for
2. This sworn statement is submitted by: -,-c C cd(� 141 AR:,n+
y
des - - ..whose
business address is:, t l TCgarL P;�ercc A and (if applicable)its Federal
Employer Identification Nurnber (FEIN) is (If the entity
has no FEIN, Include the Social Security Number of the individual signing this sworn
statement )
3. My name is -fes Mose- f , 'u. L 1 ��t and my relationship
to the entity named above is - f'rc s - e A -t--
4. 1 understand that an "affiliate" as defined in Section 105.08, Indian River County
Code, means:
The term "amliate" includes those officers, directors, execullves, pattnmrs,
shareholders, employees, memtrmrs,and agenlswho armaolveln ilia management
of the entity.
5. 1 understand that the relationship with a Counly Coinnifssioner or County employee
that must be disclosed is as follows:
Father, mother, son, daughter, brother, sister, uncle, atIM, First cousin, nephew,
i rac$, Husband, wife, rather -In-law, mother -in -taw, daughter -In-law, son-in-law,
brother-in-law, sister -in -lave, slepfallicr, stopmotHer, stepson, stapdaughter.
stepbrother, stepsister, halt brother, half sister, ttroodparont or grandchild,
5. Based on information and belief, the statement which I have maflced below is true
in relation to the entity submitting this sworn statement. [Please indicate which
statement applies.]
Neither the entity submitting this sworn statement, nor any officers, directors,
executives, partners, shareholders, employees, remembers, orafgents who are active
in management of the entity, have any retationships as defined in Section 105,08,
Indian River County Code, with early County Commissioner or County employee.
The entity submitting this sworn statement, or one or enure of the officers, directors,
executives, partners, shareholders, employees, members, or agents who are active
In management of the entity have the following fela'tionsliips with a County
Commissioner or County employee:
r:ra;rtl:;r;r c�;; n:: •�::�,tnrt;
Name of M1liale Name of County ComFnissiotier RelaiionshirJ
a0 Entity or emQlovee
to
signature) aT_
(date)
STATE CSFs119
COUNTY OF
The foregoing instrument was acknowledged before me this jt day of
who is personally known to me or who has
produced as identification, i -
'' ,11JACK 80RNVElN
h '= My COMMISSIONICC612250 NC77JIRY PUBLIC
iEXPIRE& Decembe 22„ 1494
rsa.
' Ef..SR•'' QcnMd 7Nu Hmlary fLb1k UndenMlFrs
sign.
State of Florida at Large
My Commissioner Expires:
(seal)
'; t,'.7 f" 1 -FP 1" ON FII Sr, VIFUP. F
55, - 2
Prgiect Manager and Key Pusoiiiicl:
John "800" MCCu€fey would be in charge overall of Ilse operation, second in
command would be his brotlier, Capt, Paul W. McCulley.
Capt. Michael Knox would be lead Captain of the tug, with Capt. Jack Revell
serving as mate.
Costin Lawson is our Asbestos Abatement Specialist and ensures that all vessels
comply with all Florida DEP and Federal EI'A regulations before sinking or deployment.
Tom L. Stanley is our Chief Engineer and responsible for all machinery.
All of these men have a fan% history with MCCullcy Marine Services Inc. and past
experience with Artificial Reef Construction.
Evidence of Satisfactory Completion of Similar Projects:
Our resume speaks for itself, and is attached. We have placed oil the bottom,
upright, Five barges, one with 1,000 trans of concrete inside, Iwo 100 root tugboats, and
other small vessels since opening our company. Before that John McCulley supervised
numerous ship sinkings For Seven Seas and acted as consultant For Irrlernational 'Vowing
on the Hummingbird Reef Project,
Relevant Experience:
All of the above vessels were, of course, inspected by the U.S. Coast Guard, and
were passed. In addition to this, the two tugboats were placed in the Balranras only marine
Sanctuary and were required to be inspected by both US Coast Guard befiorc leaving this
country and by Bahamian authorities betbre placement.
All of the 45,000 tons of concrele bridge material placed by McCulley Marine has
been U S Coast Guard inspected to be sure that the material is free of Asphalt, pollutants
and exposed rebar.
McCulley Marine has a long history of working; with the Seventh District of the
U S Coast Guard in both Jacksonville and Miami Marine SaFety offices.
f
Prior Performance Record:
mcC1114ey M.'r1rille Services file.
ARTIFICIAL REEF PROJECTS
1979-1990
Before opening McCulley Marine Services, Jolrn "Boo" McCulley held the position
ofSalvagc Master for Sumsnerlin's Seven Seas Inc. and stipervlsud
their many Artificial Reef contracts with St. I -uric and i%fartin Counties. I le also served as a
consultant for International Towing oil the I lulnrninghird Red, Project off (:silk C;anavcral,
Fla. Where a NASA rocket gantry was sunk on a barge for an Artificial Reef.
August 1991- St. Lucie County
Cleaning, transportation, and deployment of one i I0 fr. X 30 ft steel barge and one
45 ft. ferro cement sailboat in 00 ft. of water 6 miles offshore of Ft. Pierce inlet.
April 1994 5t. Lucie County
'Transportation and deployment of 600 + urns of concreiv from the dcmolikon of
the Prima Vista Bridge in Port St. Lucie, Fla. to the St. Lucie County Reef site 6 mites
offshore of Ft. Pierce Inlet
Jaimary 11195- St. Lucie Catmty
Cleaning, sinking of one 60 ft, X 30 ft. X 12 ft. LASI I Barge in 00 ft. of water 6
miles off Ft, Pierce Inlet. 27:26.65 €30:10.30
June 1995 - Volusin County 1995 Project
Loading, transportation and pktcenient of approximately 2500 tons of concrete
culvert pipes, accomplished in five barge Ioads, all placed :tt olie location %vithin a 500 ft.
radius of the target location. 44371.0 61995.6
June 1995 - St. Lucie County
Cleaning and sinking of one 100 ft. X 40 ft. X fl ft. flat fleck barge in 60 ft. of water
6 miles cast of Fr. Pierce Inlet. 27:20.66 170:111.26
Augur,t 1995 - Walker's Cay Project
'I lye 95 ft. 'Tui; "Dorothy i I" and the 90 ft. Tug'T.%ter K" were towed frons Not -tit
Flurid:a to Cape Canaveral, Fl., where iliey west, prepared for sinking. Second lel, of row .v:as
from Calle Canaveral to Walker's Cay, Bah:sm;is, where they were slr:rtegically phiccd in two
valleys in the reef off Walker's Cay its approxiin:ately 90 I -t. Voila tivs-s'l.ls now r(." -.l
on their keels in an upright position.
March -1995 to January - 1996 - Florida Dept. of Transportation
Working with Kimmin's Corp. of 'Pampa, transportation and deployntcnt of
approximately 10,000 tons of concrete front the dcrranlition of file Merrill Barber Bridge in
Vero Beach, H. Reef location is 7 miles raflshore ()d 1'1. pierL4° Ita[ct.
27:26.19 80:0€1.48
October 28, 1995 Palm I3caclt County
One thousand tons of concrete beams, pole::, unit culvert pipes wcrc loaded into the
hold of the barge "Alts I I l" , a 195 ft. X 35 ft. \ 16 P. hopper barge. On October 28, the
barge was towed out Palin Beach Inlet to an Artificial Reef Site offshore of f upitcr Inlet ;and
anchored. Careful placement of the material ;and holes cut in the Indl resulted in the sinking
of the "NIG 1 l i" without explosives. '1'lie barge and 1,O00 tows of concrete: now rests "oil
the bottom, upright, and on the numbers". 26:58.64 811:02.02
December 1995 - Martin County -FPL
A joint project sponsored d.)1, Martin County and florid:i Prover and 1,1glit
Co. 2,450 tons of concrete slabs, culvert pipe, a$acl nibble was transported from the Fill. St.
Lucie Plant on I lutchinson island and deployed on the llartirt Co. Reef Site F.NI? of the St.
Lucie Inlet. 27:12.89 80:02.02
December 1995- January 1996 U.S. Array Corps. Of Engineers
Transportation and deployment of 4,125 tons of lifanestorse Mase rack and 2,000 tons
of concrete storm water collection boxcs placed in five (5) scp.iratc sites in Fiber Cove, Ft.
Pierce, t'1. 27:27.54 80:18.45
May 1996 - Volusia Co. 1996 Project
Transportation and deployment of approximately 2,500 tons of concrete culecrts to
Voltasia County Reef No. 8; all matcri:fl placed within A 500 ft. radius of the numbers.
28:55.30 80:42.24
June 1996 - Collier Co. 1996 Project
McCulley M;lrifte litr:aisltcd 6511 tolls rel concrete alld slabs <alollg with
transportation and deployment of the material fora reef 5 miles ol7slun-e of Naples, 1'I.
June 1996 - Nassau County 1996 Project
1,000 tons of concrete culvert pipes were loaded in Jacksortville, transported to the
Nassau County site approximately 16 miles 9.4 de€,revs offal. Atilnstitac Inlet. lrrr>jcct was
accomplished in two barge loads and tile material placed avithin a 100 ft. radius of the
numbers. 30:42.00 61:04.57
September 1996 - Febrxtary 1997 New Smyrna North Causeway Bridge
Working with Kirnmin's Corp. ror the Ulorida I)epf, ol—l'ransportalion'
transportation and deployment of the North C;auscway Bridge at New Smyrna Beach . The
reef site is 5.74 miles offslore of Ponce Inle[. Wlle11 cr)1111)fctcJ, aplhresxinntcl}' 8,000 inns
of concrete slabs and pilings were placed on V(,hlsi,1 CoulI ly Reef No, 5. 44437.0
62019.5
November 1, 1996 to November 25, 1996 FL. Power and Light - Martin Co,
'This second project sponsoreti by Florida Powerand Light and I\Nrtin Co. 4043.362
tons of concrete slabs, Concrete rubble ranging in sirs from eight ton l,o(1lders to baseballs,
and some very large steel structures were loaded at the St. (.ache Power Plant and
transported offshore of the St. I..tlCle Inlet. Using large banes and tugs, the project was
accomplished in three loads to tnect the Thanksgivilhg deadline set by l lsl., '1'hc last anti
largest load was over 1,400 tolls and together witli a barge load Iaken Offshore of Volusla
Co. on the same day, McCulley iNtarine lalaced over 2,000 tons of reef material in a single
day. A record for us if not For file entire state. 2712.850 08002,035
December 1996 - Volusia County
Cleaning, transportation, and deployment Of a 110 ft. X 30 ft. flat check Large
donated by Weeks Marine. The barge was brought down from Careen Cove Springs, I --I.,
after cleaning and U.S Coast Guard inspections were complete. It -as then sunk without
explosives approximately 12 [Hiles offSliore Of Police Inlet. Alter Sinking, the (live team
reported that the barge rests " on dile bottotn, up6811t, And oil he numbers". 14,109.1
61959.0
April 1997 Pasco County 1997 Project
1,000 tons of Concrete culverts, pilings, and slabs were loaclai at the Florida power
Corp. Plant in
Holiday, Florida. Isroject was accornplishc(I in filar lrlr•gc loads and placed in
groups between existing army tanks..
28:17:27.6N 83:01:14-2W 14274.7 45048.7
May 1997 Hernando County 1997.
Over Boo tons of concrete culvert pipe donated I1y 1�Iorida Concrete Pipe Co. was
loaded at I•lernando Beach arxi transported offshore tc, the l3cndickson Rcet:
'Iihe project took four trips due to draft restrictions. C ulvcrls were placetl in trslils le.hclilig
from one army tank to another all(-)wlt
h} (livers lucre acress fn the existing; tanks. Ona clear
the tanks and culverts are visible j'rorn Ills sur!';lcc.
May 1997 Collier County Marco Island 2.5 Mile Ardf ficial lire£ Project
McCulley Marine furnisited over fill! trans trf crincrele r ul(c rte And sial+s to creole ;t
reef 2.5 miles offshore of march Islarul.
J►tly 1997 to December 1997 Seabreeze 13 ridge, Daytona Beach, Fla.
Working with GL C;onstructiora for the. 11orid-a 1]epartmentofTransportntion,
this project was the third bridge we have recycled. Approsilmitely 3,01J1J toms of bridge deck
slabs and pilings were placed on Volusi:s County's inshore reef fa miles offsfac>rc of 1'oracc
Inlet,
December 11, 1997 Aquarius 2000 Projcct
Althouo,h our friends at tlae University of North Carolina :at Wilmington {l1NC'%KJ
may not agree that their beautiful I labitat is an ,mjficial reef, it will grow marine life and
attract fish in tinie. And so, we will include it in this list.
On Dec. 11 1997,11IcCul€ey Marine :Smices working for NOAA , 1 larbor Branch
Oceanographic Institution, and UNCLE' loaded NOAA's 1 labitat oil tlae barge "Aquarius"
and towed it to Conch Reefoffshore of Key largo, Ha. once there, utilizing tlae
"Aquarius's" four point moorings system, the l €abilat was gently placed on the existing
baseplate. Placement had to be within inches, as Ilse 1 labitat rests on lads on the basepiile
mid is pinned to it.
'171e 90 ton J labilal was no recd Imid t'()r Ilia ";lcloaraus's"' 150 Iml C<JpaCuy antl the
four point mooring systern at prescnl al€otvs s"'Choring in 7.1111 feet of wvjter, su [lie 75ft
depth was aso problem either.
References:
Mr. Gary Atkinson Phone 809-352-5252
Watersports Manager
Walker's Cay, Bahamas
Mr. Bradley Keen Phone 561-462-1511
St, Lucie County Parks and Recreation
P.O. Box 764
2300 Virginia Ave.
Ft. Pierce, NL 34954
Mr. Dan O'Brian Phone 904-432,3864
Port Authority Coordinator
Ponce De Leon port Authority
440 South Beacla Street
Daytona Beach, 1-L 32114-5004
Mr, James Vaughn Phone 561-233-2400
Environmental Analyst
Palm Beach County Dept. of Environrnental Resources Mgmt.
3323 Belvedere Road, Bldg. 502
West Palm Beach, FL 33446
Mr. Rodger Scofield Phone €313-929-1260
Pasco County Parks and Recreation
4111 Land O' Lakes Blvd. Suite 202
Land O'Lakes, 11.34839
Mr. Kevin Dugan Phone 9.11-732-2505
Collier County Natural Resources Ucpt.
3301 lvtst'I'ant atni'1'rasl, Building; I I
Naples, 1'I, 33962
*I,
Company Information:
McCulley Marine Services was formed in September of 1990 and was
incorporated under the laws of the State of Florida as McCulley Marine Services Inc, in
1993.
McCulley Marine Services Inc. is a small, Woman Owned Business with gross
receipts of just under One million dollars ($1,000,000)annually and Margaret P.
McCulley is the majority stockholder.
President : Margaret F. McCulley
Vice-president and operations manager: John W. McCulley
statement or Drug Free Workplace
McCulley Marine Services Inc, is a C:erlitied Unit; -free Company with an
ongoing random drug testing program.
Public Entity Crimes
No officer, employee, or affiliate of McCulley Marine Services Inc. has ever been
accused or convicted of a public entity crime.
EEO Statement
McCulley Marine Services Inc. has in place a Equal Employment Opportunities
Employment Policy and is an approved vendor lirr the Ueparlincill ol,
"Transportation.
]insurance
McCulley Marine Services Inc, has in place the 11011owing insurance coverage,
Type of Coverage
Amount
General Liability
1,000,000
Towers Liability
1,000,000
Worker's Compencation
1,000,000
Jones Act Coverage
1,000,000
Automobile Liability
500,000
copies orcert9ftcates or Insurance are enclosed, a revised ('crRilirate sbnrving
$coward County Board of County £'orm3tissil.iners as Addiliunal lnsuted will be issued
ager award or projecl to McCulley Marine Services Ic
Sent By: Patrick Biggins & Company, Inc.; 1 447 895 9110; May -5.99 11:31A61; Page 212
— v..•J
ACORD CERTIFICATE OF LIABILITY INSURANCE DATE 1:Fi�57YY4 T�^ ,- /05 /1999
_MT itS CERTIFICATE IS ISSUE -6'-A8 A AAtTBROF INFORMATKDN
ONLY AND CONFERS NO RIGII73 UPON THE CERTIFICATE
Patrick Higgins & Cbm an Inc.
9 P Y
HOLDER. V$S CERTIFICATE DOES NOT AMEND, EXTEND OR
P{) F3oX 533438
A�TT:R THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Orlando, FL 32853-3438
��� LNBURERSAFFORDINOCOVERAOE
ws"wcEo McctLlley Marine Services, Inc,
rmu"AA Sohn Deere Insurance Company f75i�
-NSUREA& Brockbank, Syndicate� _(2_5%_) _
291.9 Tamarind Drive
ww"otc,American Home Assurance _(AIG)
Ft. Pierce, FT, 34949
wAURNev .
_.. x (561) 4.89-6469
covERAa>=s
_
THI_;AouCIESOF INSURANCE LISTED D€LOW "Miff BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REOWREMENT, TERM OR COMMON OF ANY CONTRACTOR OTAFIR ODCUMENT WITH RESPECT TO WHICH THIS CERTIFPCATE MAY BE *SUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONLATIONS OR SUCH
POLICIES. AT3GREGATF LMTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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a Hull /Protection ISP - 20547 5_15-99 5-15-99 P&i limit is $1,040,00
b[& IndamniLy_ _... _ _.
OE: CAfPT%MT OF GPiRATPQIiIII.GCA.igNIMRRC7Jit?%CLxp10 MY ADMO NY EIp70W5E W9TWJ!Gw.MUfflaGW{
JorLes Act: coverage is Included.
ReLerrence Vessels "Monica Lee", "Aquarius", "Wet Spat" & "Miss Rita Lane"
GThis certificate verifys that the Named Ensured has secured comprehensive Hull
and P&I (including Grew) insurance on the above listed vessels.
CERTirrAT$ FIOLOOR _. I _ !''aRmu!"� PMOkM NIWUM LeTM: CANCRLLATFOIi
SIDIA.D ANY OF TW MQ" WX MWM POIILYEN ft CAAIClUM eGORI INS & VMATION
T nCl i a n River County NA15 T1RR%OP. T Il wTATTAa NtMNwfiL 1MiL NM*AMW TO MAIL .. OATi IwntYt
1940 25th Street Nm CNTnTNNT>eRMICATNHoImeNAAeofvTnla+v.NvrrAusneouvNoawL
Vern iie5ch, FL 329111/ NOONNWD OKMA"M mN LLMIM Cs AAT 00 VPM TIY INOYWI:"N ACOM Oe
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Acohn 214 y(ST) �~ a ACC1FIt?CUIiLH7RATION 1960
DEP GRANT AGREEMENT NO. CIFMAS-122
DEP GRANT NO, OFMAS-I22
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
DIVISION OF MARINE RESOURCES
FLORIDA ARTIFICIAL FISHING REEF PROGRAM
GRANT AGREEMENT
THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Mail Station
240, Tallahassee, Florida 32399-3000 (hereinafter referred to as the "Department") and the INDIAN
RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is 1840 25h Street, Vero
Beach, Florida 32960.
Whereas, the Department has received U. S. Fish and Wildlife Service (USFWS) Federal Aid in
Sport Fish Restoration grant funds (CFDA No. 15.605) in support of (lie Department's marine artificial
reef planning, assessment and development in Florida; and,
Whereas, Section 370.25, Florida Statutes, created an artificial fishing reef program v ithin the
Department to, in part, provide grants and technical assistance to eligible nonprofit organizations for
developing, monitoring, or evaluating saltwater artificial fishing reefs; and
Whereas, the Indian River County Board of County Commissioners (hereinafter referred to as the
"County") is a coastal local government as defined in Chapter 62R-9.002(4), Florida Administrative Code,
and
Whereas, Chapter 62R-9, Florida Administrative Code, establishes rules for the administration of
this grant program; and
Whereas, the County agrees to perform the services described herein, or liercinaikr authorized
upon the terms and conditions stated.
Now, therefore, in consideration of the mutual benefits to be derived hcrcfrom, tete Department and
the County do hereby agree as follows:.
I . The Department does hereby retain the County to perf6rm the saltwater artificial fishing reef
project as defined herein and the County does hereby agree to perform such services upon the
terms and conditions set forth in the Agreement. Attacltntcnt A (Scope of Services), and all
attachments and exhibits named herein which are attached hereto and incorporated b%.
reference.
2. The Cotmty shall perforin the services in a proper and satisfacton- manner as determined by
Ole Department. Any and all etluipmeni, products, or materials necessary to perfomt this
Agreement shall be supplied by the County or its subcontractor, unless specified herein.
3. The County shall purform as an independent contractor and not as an agent, representative, or
employee of the Department
ruga I org
4. As consideration for the saltwater artificial fishing reef project as described in Attachment A
(Scope of Services), completed by the County under the terms of this Agreement, the
Department shall pay the County a sum not to exceed $25,000 on a cost reimbursement basis.
All requests for payment and disbursement of funds shall be made in strict accordance with
provisions of Attachment A and Chapter 6211-9, Florida Administrative Code. An itemized
listing by category of all expenditures claimed along with supporting documentation for each
amount for which reimbursement is being claimed is required. All itemized paid
invoiceslreccipts clearly reflecting dates of service and submitted along; with copies of canceled
checks (or check numbers and certification of payment by the County) for payment
reimbursement sliall, under this Agreement be submitted in detail sufficient for a proper pre -
audit and post -audit thereof, as required by the Department.
This Agreement shall become effective upon execution by both parties ail([ end on ,tune 30,
1999, inclusive. The sahwater artificial fishing; reef project described in Attachment A must
be completed by the end date of this Agreement. In accordance with Section 287,058(2),
Florida Statutes, for contractual services exceeding the amount provided in Section 287,017,
Florida Statutes for Category Two, the County shall not be cligiblc for reimbursement for
services rendered prior to the execution date of this Agreement. Reimbursement of payment by
the County for any pre -deployment dive survey services for this project as described in
Attachment A performed prior to the execution of this Agreement shall be allowed. In the
event tic saltwater artificial fishing reef project is not complete by said date, the Department
will have the right to cancel its obligations of any and all financial assistance granted for the
said saltwater artificial fishing reef project. -file Department and the Comity fully understand
and agree that there shall be no reimbursement of ftutds by the Department for any obligation
or expenditure after expiration of the Agreement,
G. The State of Florida's performance and obligation to pay under this Agreement, if the
Agreement period extends into a new fiscal year, is contingent upon an annual appropriation
by the Legislature and certification of the wailwatar attiticial fishing, reef prgieci hinds
forwarded in the FCO Grants category.
Pursuant to Section 215.422, Florida Statutes, the Departincrht"s Contract Manager shall have
five (5) working days, unless otherwise specified herein, to inspect and approve the services for
payment upon receipt of a complete and accurate request for uaynient package; the Department
must submit a request for payment to dile Florida Department of Banking and Finance within
twenty (20) days; the Department of Banking and finance is given ten (10) days to issue a
warrant. Days are calculated from the latter date the invoice is received or services received,
inspected and approved. Invoice payment requirements do not start until a proper and correct
invoice and other required supporting documentation have been received. Invoices which (rave
to be returned to tlte• County for correction(s) will result in a delay in payment. A Vendor
Ombudsman has been established with the Florida Department of Banking and Finance who
may be contacted if the County is experiencing problems in obtaining timely payinent(s) from a
State of Florida agency. 71re Vendor Ombudsman imay be contacted at 1150148$-2924 or 1-
800.848-3792.
R. In accordance with Section 215.422, Florida Statutes, the Department shall pay the Count) -
interest at a rate as established by Section 55.!13(1), Ftorida Statutes. on the unpaid balance, if
a warrant in pa}orient ofan invoice is tint issued within fi-irty (411) dwk s after tccctpt of a correct
invoice and mccipt, inspection and approval ofthe Erxule and wv, rrw-N 1nlco"I pat monis of
l .nv 2 trI yr
less titan $1 will not be enforced unless clic County requests payment. Tltc interest rate
established pursuant to Section 55.63(1), Florida Statutes, by Comptroller's Memorandum No.
3 (1997-98) dated December 3, 1997, has been set at 10.0% per annum or .02740% per day.
The revised interest rate for each calendar year beyond 1998 for which the term of this
Agreement is in effect can be obtained by calling the Department of Banking at the telephone
number provided :above or at the Dcpartimacnt's Contracts Section at 9501922-5942.
4. Each party hereto agrees that it shall be solely responsible for the negligent or wrongfatl acts of
its employees and agents. However, nothing contained herein shall constitute a waiver by the
Department of its sovereign immunity or the provisions of Section 768.28, Florida Statutes.
The Department shall have no liability except as specifically provided for in this Agreement.
10. Time Department may terminate this Agreement at arty time in [lie event of failure of the County
to fulfill any of its obligations under this Agreement, Prior to tennination, the Department
shall provide the County written notification of my performance failures and the County shall
have ten (10) calendar days, from receipt of notification, to consult with the Department
regarding the reason(s) for termination. If the parties cannot reach an agreement on the
corrective measures to be taken and the schedule for corrective action, the Department may
terminate this agreement by providing a minimum of fifteen (15) calendar days written notice
to the County, Said notice shall specify the effective time and date of termination. Either the
Department or the County may terminate this Agreement for convenience by written notice
which clearly describes the basis for termination. Notice shall be sufficient if delivered
personally or by certified mail to the addresses set forth in paragraph 11.
11. Any and all notices shall be delivered to the parties at [he following addresscs:
Department: Mr. Jun Dodrilf Environmental Administrator (Contract Manager)
Department of Environmental Protection
{fence of Fisheries Management and Assistance Services
Mail Station 240
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Coua--_'tr Mr. Jeff Tabor , Coastal Engineer (Contract Manager)
Indian River County
Coastal Engineering Division
1840 25"' Street
Vero Beach, Florida 32960
12, Pursuant to Section 216,2815, Florida Statutes, all records in conjunction with this Agreement
shall be public records and shall be treated in the same manner as other public records under
general law. This Agreement may be unilaterally canceled by the Department for refusal by
the County to allow public access to all documents, papers, letters, or other material subject to
the provisions of Chapter 119, Florida Statutes, and made or received by the County in
conjunction with this Agreement.
13. The County shall maintain books, records, and documents directly pertinent to performance
under this Agreement in accordance with generally aacceptcd acconnting pnncipics consistently
applied. The Department, the State, or their authow.ed tepresentativr s shall kaa v access tem
I'Mm' 3 of 1)
such records for audit purposes during the teen of this Agreement and for three (3) years
following Agreement completion. In the event any %work is subcontracted, the County shall
similarly require each subcontractor to maintain and allow access to such records for audit
purposes,
14. A governmental entity receiving funds from a grants and aids appropriation by a state agency
shall:
For contracts valued at $25,000 or less
In accordance with Section 236.349, Florida Statutes (financial revie%v of grants and aids
appropriations), the County shall provide to the Department a sworn statement, signed by the
County's chief officer under penalty of perjury, confirming that the County has complied with
the provisions of this Agreement. The Department reserves the right to recover costs for
failure to comply with Section 216.349, Florida Statutes.
Copies of the sworn statement, or audit as applicable, shall be sent to the Department's
Contract Manager and to each of the following within thirteen (13) months after the completion
of the County's fiscal year in which this Agreement was completed.
-Audit Director
Department of Environmeii al Protection
2600 Blair Stone Road, MS 40
Tallahassee, Florida 32399-2400
-Audit Manager
Office of the Auditor General
P.Q. Box 1735
Tallahassee, Florida 32302
15. The Department's Contract Manager is ,fon Dodrill, Environmental Administrator, telephone
(850) 922-4340, FAX (850) 922.0463. Tlic County's Contract Manager is Jeff Tabor,
Coastal Engineer, telephone (56 f) 567-8000, extension 344, FAX (561) 778-.9391. All
matters shall be directed to the Contract Managers for appropriate action or disposition..
ib. The County covenants that it presently has no interest .and shall not acquire any interest which
would conflict in any manner or degree with the performance of services required.
l7. This Agreement has been delivered in the State of Florida and shall be construed in accordance
with the laws of 17lorida, Wherever possible, each provision of this Agreement shall be
interpreted in such manner as to be effective and valid undcr applicable law, but if any
provision of this Agreement shall be prohibited or invalid under applicable law, such provision
shall be ineffective to the extent of such prohibition or invalidity, without invalidating the
remainder of such provision or the remaining provisions of this Agrccmk:iw Any action hereon
or In connection herewith shall be brought in Leon County.. Florida
Page 4 or 9
I& No delay or failure to exercise any right, power, or rcmcdy accruing to either party upon
breach or default by either party tinder this Agreement, shall impair any such right, power, or
remedy of either party; nor shall such delay or failure be construed as a waiver of any such
breach or default, or any similar breach or default thereafter.
19. no County recognizes that the State of Florida, by virtue of its sovereignty, is not required to
pay any taxes on goods or services purchased under the terms of this agreement.
24, This Agreement is neither intended nor shall it be construed to grant any rights, privileges, or
interest in any third party without the mutual written agreement of the parties hereto.
21. No person, on the grounds of race, creed, color, nationai.origin„ age, sex, or disability, shall be
excluded from participation in; be denied the proceeds or benefits of or be otherwise subjected
to discrimination in performance of the Agreement.
22, This Agreement is an exclusive agreement for services and may not be assigned in whole or
part without the written approval of the Department.
23. The County shall not subcontract, assign, or transfer any work under this Agreement without
the prior written consent of the Department's Contract Manager. The County agrccs to be
responsible for the fidfillmcnt of all work elements included in any subcontract consented to by
the Department and agrees to be responsible for tite payment of all monies due under any
subcontract. It is understood and agreed by the County that the Department shall not be liable
to any subcontractor for any expenses or liabilities incurred tinder the subcontract and that the
County shall be solely liable to the subcontractor for all expenses and liabilities incurred under
the subcontract.
24. To the extent required by law, the County will be self-insured against, or will secure and
maintain during the life of this Agreement, Workers' Compcnsation insurance for all of his
volunteers connected with the %York of this project, and, in any case work is subcontracted, the
County shall require the subcontractor similarly to provide Workers' Compensation Insurance
for all the lattcr's employees unless such employees arc covered by the protection affordcd by
the County, Such self-insurance program or insurance coverage shall comply fully with the
Florida Workers' Conapcttsation law. hr case any class of workers engaged in hazardous work
under this Agreement is not protected tinder Workers' Compensation statutes, tits County shall
provide, and cause each subcontractor to provide, adequate insurance satisfactory to the
Department, for the protection of his workers not otherwise protected.
25, The County warrants and represents that it possesses liability insurance, appropriate and
allowable under Florida law, and that such insurance offers protection applicable to the
County's offtcers, volunteers, servants, and agents while acting within the scope of their work
with the County.
26. The: purchase of non -expendable equipment costing $500 or more is not authorizcd under the
terms of this Agreement.
27. In accordance with Section 216.347, Florida Statutes, the County is hereby prohibited from
using funds provided by the Agreement for the pttrltosc ofloltbyinit the Legislature. the judicial
branch or a state agency. Pursuant to the l.ohbyiny; Disclosure Act of 1905. the County
Pa2r Of 9
agrees to refrain from entering into any subcontracts tinder this Agreement with ally
organization described in Section 501(c)(4) of the Internal Revenue Code of 1986, unless such
organization warrants that it does not, and will not, engage in lobbying activities prohibited by
the Act as a special condition of the subcontract.
28. The Department may at any time, by written order designated to be a change order, make any
change in the work within the general scope of this Agreement (e.g., specification, method or
manner of perforrnaltce, requirements, etc.). All change orders are subject to the mutual
agreement of both parties as evidenced in writing. Any change order which causes an increase
in the County's cost or time shall require formal amendment to this Agreement.
29. Tlie employment of unauthorized aliens by any subcontractor/vendor is considered a violation
of Section 274A(c) of the Immigration and Employment Act. If the subcontractor/vendor
knowingly employs unauthorized aliens, such violation shall be cause for unilateral
cancellation of this Agreement,
30, A person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not perform work as a grantee, contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and itlay not transact
business with any public entity in excess of the threshold amount provided in Section 287.017
Florida Statutes, for Category Two for a period of thirty-six (36) months from the date of
being placed on the convicted vendor list.
31. The County shall comply with all applicable fcdcral, state, and local rules and regulations in
providing services to the Department under this Agreement. The County acknowledges that
this requirement includes compliance with, all applicable fcdcral, state, asci local health and
safety rules and regulations. The County further agrees to include this prevision in all
subcontracts issued as a result of this Agreement.
32. If the County brings to the perfornance of this Agreement a pre-existing patent or copyright,
the County shall retain all rights and entitlement to that pre-existing patent or copyright, unless
this Agreement provides otherwise.
33. if any discovery or invention arises or is developed in the course of, or as a result of, work or
services performed tinder this Agreement, or in any way connected herewith, the Count shall
rcfcr the discovery or invention to the Department for a determination whether patent
protection will be sought in the name of the State of Florida. Any and all patent rights
accruing under or in connection with (lie performance of this Agreement arc hereby reserved to
the State of Florida. In the event that any books, manuals, films, or any other copyright table
material are producod, the County shall notify Clic Department. Any and all copyrights
accruing under or in connection with the performance of this Agreement are hereby reserved to
the State of Florida, All materials to which the Department is tri have patent rights or
copyrights shall be marked and dated by the County in such a manner as to preserve and
protect the legal rights of the Department.
34. Prior to initiation of servicers under this Agruernent, the Counl% shall disclose. in writing, all
intellectual properties relevant to the Pertormauce of this Agrc went %N loch the; County knows,
or should know, could give rise io :a patent w copyright 111a GIMHe NhAll relate :111 rights ani!
entitlement to any pre-existing; inlell-111"I plopcity which is sero elisciciwd Failure to diwitssc
Pa2V 6 of e)
will indicate that no such property exists. The Department shall then, under Section 33 above,
have the right to all patents and copyrights which arise as a result of performance under this
Agreement.
35. The terms and conditions specified in Sections 32, 33, and 34 above shall also apply to any
subcontract ntadc under (hiss Agreement. The County shall be responsible for inforniing the
subcontractor of the provisions of these sections and obtaining disclosures.
36. The County ngrces to follow all requirements of Section 287.057, Florida Statutes, for the
procurement of commniodities or contractual services under the Agrectncra.
37, The County shall include Attachment A of the Agreement verbamn in any bid description. All
bid descriptions/project specifications must be approved in writing in advance by the
Department's Contract Manager prior to soliciting written quotes froiu subcontractors.
38. The County shall submit bid descriptions/project specifications to [lie Department's Contract
Manager for approval within :ninety (90) days following the cxecutioin date of this Agreement.
39. The County must send bid announcements to a minim uni of five (5) contractors. Any request
to use a sole source contractor must be justified in writing and approved by the Department's
Contract Manager.
40. The County must send a summary of the vendor replies and recommended subcontractor to the
Dcpar(menl's Contract Manager for wrillen approval prior to :awarding of any snbcontraets.
41. The County shall include this entire Agreement, and all attachnrents, in all subcontracts issued
as a result of this Agreement. Written contracts between (lie County and any vendors are
required for any subcontracts exceeding $5,000 issued as part of this Agreement,
42. The County's Contract Manager inust provide written or verbal notice or the proposed datc(s)
of artificial reef deployment to the Department's Contract Manager a naninnnn of five (5) dates
in advance of the deployment.
43. Tire presence of the County's Contract Manager or a designee who must be an cmplovee of the
County and who is in no fashion affiliated with tate County's subcontractor is required to be
on-site for each deployment of artificial reer materials. Photographic or video documentation
of each deployment is required. Coordinates of the ar.;ficial reer locations) must be taken
with a Differential Global Positioning System receiver, and not converted from coordinates
supplied by LORAN -C receivers. The actual location of the nervly constructed artificial reef'
must be verified by the County's Contract Manager or designee lay physically observing the
material ori the ocean bottom with a fathometer alter the deployment operations have been
completed and recording the amount or vertical relief' (in feet) created by the new artificial
fishing reef
44. No artificial reef materials other than those specified in Attachment A of this Agreement can
be simultaneously transported an any vessel funded as a carrier under this Agreement unless
tic additional materials are part ofanollicr project fundal bN- the Departmcnt
45 Tlic Departmcrnt will not rcunburse the Count} jot arlrlicral reel,dq loyrnr ns out,;Id of tlir
Put, 7 Ill 1)
boundaries of the permitted reef site as described in the Autry Corps of Engineers perntit at the
time of deployment,
46. Completed Materials Placement Reports (DEP-OFMAS farm 34-403) must be submitted to
Clic Department's Contract Manager within thirty (30) days after (lie deployment operations.
47, The County will provide all required close-out documentation to the Department within forty-
five (45) days after the ending date of the Agrecinem. The County's Contract Manager shall
certify, tinder pcnaltics of perjury, compliance with provisions of this Agreement through the
submission of a Certification of Completion, and said certification shall be submitted with the
close-out documentation.
48. A. In accordance with Executive Order 12549, Debarment and Suspension 43CFR 12, the
County shall agree and certify that neither it, nor its principals, is voluntarily excluded from
participation in this transaction by any Federal department or agency; and, that the County
shall not knowingly enter into any lower tier agreement, or other covered transaction, with a
person who is similarly debarred or suspended from participating in this covered transaction by
any Federal department or agency, and, that the County shall not knowingly enter into any
lower tier agreement, or other covered transaction, with a person who is similarly debarred or
suspended from participating in this covered transaction, unless authorized in %vriting by the
United States Department of Interior to the Department.
B. Upon execution of this Agreement by the County, the County shall also complete, sign,
and return a copy of the form entitled "Certification Regarding Debarments, Suspension,
Ineligibility and Voluntary Exclusion -Lower Tier Federally Funded Transactions", attached
hereto and made a part hereof as Attachment B.
C. As required by paragraphs A and B above, tite County shall include the language of this
section, and Attachment B in all subcontracts or lower tier agreements executed to support the
County's work under this Agreement,
49. It is understood and agreed that since this Agrecmcnt is funded pursuant to a grant agreement
with the United States Fish and Wildlife Service (USFWS) that the Count will adhere to the
provisions as applicable, as set forth in 43 CFR, Part 12 and Attachntent C, (attached hereto
and made a part hereaf), excerpted and modified by the Department from 50 CrR Part 80.
50. The County ggrces to recognize the role of USFWS Federal Aid in Sport Fish Restoration
finding in any publicity related to this project.
51. This Agreement represents the entire agreement of the parties. Any alterations, variations,
changes, modifications or waivers of provisions of this Agreement shnil only tic valid %Dien
they have been reduced to writing, duty signed by each of the parties here((), and attached to
the original of this Agreement, unless othenvise provided herein.
REST OF PAGE INTENTIONALLY 1,131 '1' BLANK
Page ti or9
IN WITNESS WHEREOF, the Parties have caused this Grant Agreement to be duly executed, the day and
year last written below,
INDIAN RIVER COUNTY
BOARD OF CO TY COMM OVERS
By:
ounty ant tiorizcd Signatory*)
(Print Signatory's Name and Title)
Date:
Indian River County Coastal Engineering Division
(Contractor)
1840 25' Street
(Address)
Vero Beach, Florida 32949
(City, State, and .Zip Code)
F'EID No, 59-6000-674
Indian River County
Remittance Address:
1840 25h Steet
(Address)
ro Beach Florida 32960
(City, State, and Zip Code)
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
r
By:^= c
Secretary r Dc51gnec
Date:
0DEP Contract Manager
Approved as to form and legality:
ll-�, .t
DEF Attorney
'If someone other than the Chairman signs this Grant Agreement, a statement or other document
authorizing that person to sign the Agreement on behalf of illc COUNTY must accompany the Agreement,
List of Attachmentslcxllibits included as part of this Agreement
AH40003 A lifupc of Sprrviccs t3 Fage5j
Atiachment II C�rtifigtaatt rcjuding<Ucb tent n
AW;tghm"n Fcc l r n3 50CFR Pact 80 I'ag4s}
Page y (0)
i o:�n FfiVt"r l:.c .nl'i A I
4C, 99bl_
i
I 4 -
i
ATTACHMENT A
SCOPE OF SERVICES
INDIANRIVER +COUNITREEFDC'VEGl11'A91iN7'PRO.1rC"7'OFM..fS-122
The Department has awarded funds tinder this Agreement to complete the following saltwater artificial
fishing reef project activities, as proposed in the County's competitive application for finding:
1. Loading and transportation of no less than 1,000 tons of clean concrete railroad ties or other clean
concrete material acceptable to the Department. Payment for procurement or transport of scrap steel
including stainless steel tanks will not be reimbursed as part of this project.
2. Load the concrete materials onto a suitable conveyance and transport to a site for loading onto a barge
or other suitable vessel for onshore movement. Load the structures onto a vessel for transportation to the
designated reef sites. Provide a sufficiently powered transport or towing vessel, personnel, and all
necessary equipment to transport the material offshore and deploy it. Reef material loaded on to the
transporting vessel must be properly secured to allow for its safe transport during both inshore and offshore
transits.
3.Deployment of reef material
During the deployment of the concrete reef material, at each site, the transport vessel must be effectively
moored through double autchoring or held securely in place with minimal movement (+1-50 fact) to ensure
accurate and concentrated placement of concrete material on the bottom. Due to the lack of complexity and
relatively small size of individual concrete rail road ties, the material must be stacked or piled to provide
habitat complexity yet also insuring a minimum of 50 feet of vertical clearance at each deployment site.
Any machinery used to move and deploy Lha reef materials should be sufficiently pmveredlnnaneuverable
and capably operated to ensure timely, cffcr..tive tend safe off-loading of materials, The tug or transport
vessel shall be equipped with a working, accurate Differential GPS unit and oihcr marine electronics
including a working VHIF radio. Effective and reliable communications shall exist at all times between the
tug, barge, and the designated County observer on site. Deployment operations will only be initiated when
sea height in the operations area is no greater than two to four feet as forecast by [lie nearest NOAH
weather office. Tine final decision to proceed onshore will be with the, County's subcontractor. However,
the County and/or any onsite DEP personnel reserve the right to suspend off-loading operations if
positioning and other deployment objectives are not teem; niet.
4. Engineering services associated with (lie reef project.
Up to $2,500 of the available project funding may be utilized for the Following:
a. Observation vessel rental, if a vessel is needed to serve as the County Prgject Manager's observation
and buoy deployment platform (up to $600 per each nine hour day). The designated observation vessel
must also be equipped with a Differential GPS unit, operating falhometcr, and a VHF' radio.
b. Equipment purchase (buoys, lines, anchors, for temporary marking of reef sites in advance to assist the
subcontractor. film and film development (up Is) i?oo).
c. Post deployment dive assessment of ryefs to map/provide vndeographti' of tnaterud, orientation and
relief, and evaluation of any material breakage or damage {up to $700 fur diving survey, videography;
31,000 for side scan sonar mapping, if available).
DFP Contnrcl Agreement No. OFMAS•1?l, Ai a+ hnicnt A, Pagc I air 1
5. Funds from this Agreement may not tic expended on salaries, training, or parts replacement or repairs to
rented or contractor m%iied equipment.
DEPLOYMENT LOCATION OF REEF UNITS
6. In accordance with the information submitted in the County's 1998-99 artificial reef competitive grant
application, materials will be placed in up to four one mile square pcnnit sites at the center locations of
each site which are designated as follows:
North Latitude i—Ly I,ongllude Depth Di.s_iance amid Rearinu
rolls S'ebaslion Into
Reef Site #1 270 55A0 P 800 20.059' 55 feet 58.5°, 7.2 nrn,
Reef Site #2. 27° 55.507' 800 15.507' 66 feet 697, 11.2 nm.
Reef Site #3 270 54.299' 800 13.276 71 feet 88°, 13.7 nni.
Reef Site #4 270 55.103' 800 12.299' 7.1 feet 8t1°, 15.1 nm.
REEF DEPLOYMENT OVERSIGHT. The County's Contract Manager shall oversee the temporary
marking of each patch reef deployment location in advance of reef unit deployment in order to assist the
subcontractor in the proper placement of reef units. 17te markcrs shall he colored buoys no less than 12
inches in diameter and sufficiently anchored so that they will not drift oft' the designated deployment sites
prior to deployment. The Department will not pay for materials placed outside the permit areas as
described at the time of deployment.
9. The County's Contract Manager or County employee designated as an official observer shall remain on
site during the entire deployment phase of the operation and confirm the Differential GPS coordinates of the
individual placements as well as the maximum vertical relief of the constructed reefs
10. Both the County and its subcontractor shall have rel site current nautical charts of the Clcplovnlcnt
area, with the permitted site indicated on the chart, and the proposed patch reef coordinates. The County
observer shall also be in possession of a copy of the pernlit for the areas where tilt deployments are taking
place.
11. The County agrees to allow the Department to conduct on-site inspections of the saltwater artificial
fishing reef project before, during, and after the deployment.
LIABILITY AND RE, SPONSI13IL1TY FOR REEF MATERIALS
12. Upon initiation of rite construction of these reef units by alae County's subcontractor, all liability, risk
of loss and responsibility for the safe handling, storage, transportation and deployment of the luaterials
shall be borne by the subcontractor. This liability, assumption of risk and responsibilith shall reni:lin witlr
the subcontractor until the materials are deployed at the permrtted reel' site in accordalwt: ;.uh tiie
specifications in this Agreement.
PAYMENT SCHEDULE
DFP Contract Agreement No OFMAS-122, Attachment A, Page 2 of 3
13. The COUNTY shall be reimbursed by the Department in the form of a single final payment for all
allowable costs incurred under this Agreement following satisfactory completion of the project and
submittal of all required project close out documentation.
PERFORMANCE
14. Failure to complete the above described saltwater artificial fishing reef project by the ending date of
the Agreement, failure to maintain regular communications with the Department Contract Manager on
project issues, and/or noncompliance with on(; or more conditions of this Agreement will adversely affect
the ranking of the County's grant application for 1999-2000 fiscal year artificial reef firnding.
REST OF PAGE INTENTIONALLY LEFT BLANK
DEP Grant Agreement No, ORMS. A1130111cril A, Ilar'c 1 nt 1
C]
i
i
ATTACHMENT B
CERTURICATION REGARDING DEBARMENTS, SUSPENSION, INFLIGIBILITY AND VOLUNTARY
EXCLUSION -LOWER TIER FEDERALLY FUNDED TRANSACTIONS
Required for all contractors unit subrontractors under
DFP GRANT AGREEMENT: OFMAS-122
1, The undersigned hereby certifies that neither it nor its principals is presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily excluded front participation in this transaction by any
Federal department or agency,
2. The undersigned also certifies that it and its principals:
(a) Have not within a three-year period preceding this response been convicted of or hada criminal
offense in connection witls obtaining, allempting to obtain, or perfonning a public (Federal, Stale or
local) transaction or contract under a public transaction; violation of'Fcderal or State anti-trust statutes
or commission of ornbeazlement, theft, forgery, bribery, falsification or destruction of records, making
false statements, or receiving stolen properly.
(b) Are not presently indicted for or olhenvise criminally or civilly charged by a governmental catily
(Federal, State or local) with commission of any of the offenses cnunrcrated in paragraph 2. (a) of this
Certification; and
(c) Have not within a three-year period preceding this certification had one or more public transactions
(Federal, State or local) terminated for cause or derault.
3. Where the undersigned is unable to certify to any of the stnteinenls in this certification, an explanation shall
be attached to this certification.
r
Dated this -6 ay of 19
�- Authorized ignature Conlractor
Cityfslato zip
Area Cndefrefcphone Number
DI, 1' FORM l 144.1 Rcv(0195)
DEP Grant Agrivnitnt No. OFMAS-122, Attachment II, Payr 1 of 2
C�
INSTRUCTIONS FOR CERTII+ICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY
AND VOLUNTARY EXCLUSION -LOWER TIER FED:ERALLY FUNDED TRANSACTIONS
I. By signing and submitting this form, the certifying party is providing the certification set oilt below.
2. "Tile certification in this clause is a material representation of ract upon which reliance teas placed when this
transaction was entered into. If it is later determined Thal the certifying party knowingly rendered an
erroneous ccrtiftcalion, in addition to other remedies available la the Federal Goveraunent, the Department of
Environmental Protection (DEP) or agencies Willi which this transaction originated may pursue available
remedies, including suspension and/or debarment.
3. The certifying party shall provide immediate written notice to the person to which this contract is submitted if
at any time tie ccrtilying party learns that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant,
person, primary covered transaction, principal, proposal, and voluntarily exchided, as used in this clause,
have the meanings set out in the Definitions and Coverage sections of miles implementing Executive Order
12549. You may contact the person to which this contract is submitted for assistance in obtaining a copy of
those regulations.
5. The certifying party agrees by submitting this contract that, should [lie proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier contract, or other covered transaction with a
person who is debarred, suspended, declared ineligible, or voluntarily excluded train participation in Iltis
covered transaction, unless authorized by the DEP or agency with which this transaction originated.
G. The certifying party further agrees by executing this contract that it will include this clause tilled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered
"transaction," without modification, in all contracts or louver tier covered transactions and in all solicitations
for lower tier covered transactions.
T A participant in a covered transaction may rely upon a ccrlification of a prospective participant in a lower tier
covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered
transaction, unless it knows that the certification is erroneous. A participant anav decide the method and
frequency by which it determines the eligibility of its principals. Each participant riuiv, bill is not required to,
check the Hon procurement List (Telephone No. (202) 501-4740 or (202) 501-4873.)
8. Nothing contained in the foregoing shall be consumed to require establishment ora system of records in order
to render in good faith the certification requires/ by this clause. Tile knowledge and inrornuttion orn
participant is not required to exceed that which is norlaally possessed by a prudent person in the ordinary
course of business dealings.
9_ Exccpt for transaction authoriacd under paragraph 5 of these instructions, ira partscipant in a covered
transaction knowingly enters into a lower tier covered Iratimmiort %•illi a person who is suspended, debarred.
ineligible, or voluntarily excluded from particilialinn in Ibis Irartsaction, in addition to other remedies
,available to the Federal Government, the DEP or agency Willi which this transaction originated may pursue
available remedies, including suspension and/or debarment.
DEP FORM 1Id343 Rcv(OS/)5)
DRP Gutted Agntment No. OFINTAS-122, Allachment B. Page 2 of 2
r-7
i
ATTACHMENT C
Based on and excerpted from - 50 CPR, Part 80*
(Code of Federal Regulations)
*As modified by the Department (DEP)
ACQUISITION OF REAL PROPERTY
Pursuant to the provisions of 5o CFR, Part 80, (Code of Fedcral Regutation) real property acquired or
constructed with Federal Aid funds must continue to serve the pltrposc for which acquired or constructed.
In the event that such property is no longer »Ceded or useful for its original purpose, the property shall be
used or disposed of as provided by Attachment N of OMB Circular A-102 and OMB Circular A-110, as
applicable.
ALLOWABLE COSTS
All costs shall be supported by source documents or other records as necessary to substantiate the
application of funds. Such documentation and records are subject to review by tele Secretary of lire
Interior/and or the DEP or its authorized representatives to determine the allowability of costs.
AUDITS
The Contractor is required to conduct an audit at least every two years in accordance with the provisions
orAttachment P of OMB Circular A-102 and OMB Circol,ar A-1 l0, as applicable. Failurc to conduct
audits as required may result in lvitllholding of grant pnytllcnts or such other sanctions as the Secreuiry
may deem appropriate.
Audits conducted under this provision shall be in accordance with generally accepted auditing standards
and with established procedures and guidelines of the revic%viing nr alldil �gency(ies).
ACCESS TO RECORDS
The Contractor shall maintain current and complete financial, property anti proctlrenaent records in
accordance with requirements contained in lite Federal Aid Manual. an<t OMB Circular A-102 and OMB
Circular A-110, as applicable.
The DES, State of Florida, or any other authorized agcncy(ies) or any of their authorized representatives
shall have access to all such books, records, documents and other evidence for the purpose orillspectiotl,
audit and copying during normal business hours. The Colliraclor will provide f;lcilitics for such access
and inspection.
(a) Financial, supporting documcnts, and all other records pcilinent to a project shall be retained for a
period of three years after submission of the final expenditure report oil lite project, if any litigatiolt,
claim, or audit was started berpra lite expiration of the three-year period, lite recordsshall be retained
until (lie resolution is completed, Records for non -expendable property shall be retained ror a period
of three years following final disposition of the property,
DEV Contract Ititr. OFNIAS-122 Altatfinrcnt C page 102
dw
(b) Access to records is not limited to (lie required rctcmion ,periods. 'rite authorized rcprescnlalives
designated in paragraph A of this clause shall have access to records at ally reasonable time for as long as
the records are maintained.
(e) The Secretary of the Interior and the Comptroller General of Ilia United States, or any of Ilicir duly
authorized representatives, and/or the DEP or its authorized representatives shall ]lave access to any
pertinent books, documents, papers and records of (lie Contractor.
ASSURANCES,
It is mutually agreed that the parties shall comply Willi all applicable Federal Laws, regulations and
requirements as they relate to lite application, acceptance and use of ilia Federal funds tinder the Federal
Aid Acts, to (lie extent permitted under Florida Lacs. The Secretary of the Interior shall have the right to
review or inspect the project for compliance at any time. Upon determination of noncompliance, the
Secretary of the Interior may tenninate or suspend those projects in noncompliance, or may declare tiie
State ineligible for further participation in program benefits until compliance is achieved,
PAYMENTS
Projects proposals must include a coniplete schedule of payments to complete the project, No casts for
interest of financing shall be claimed for reimbursement.
SYMBULS
As a recipient of Federal Aid Funds as described in 50 CFR, part 80,2, the Contractor is authorized to
display the appropriate symbol(s) on areas such as wildlife management areas and fishing access facilities,
acquired, developed, operated or maintained by these grants, or on printed material or other visual
representations relating to project accomplishments.
The Contractor, as user of (lie symbol(s) shall indemnify and defend (lie United State and hold it harmless
from any claims, shits, losses and damages arising out of any allegedly unauthorized use of 7ny pitrni
process, idea, €nctliod or u'ev on by tiie user in connection will, its use of the symbol(s), or any other
alleged action of the user and also from any claims, suits, losses, and darnagcs arising out to alleged
defects in (lie articles or services with winch the syinbol(s) is associated (o the extent pennilted under
Florida Law.
The symbols as depicted in 50 CFR, Part 80, may not be used in any other manner except as aanhodicd bV
the Director, U.S, Fish and Wildlife Service. Unauthorized use of the symbol(s) will couslitule a violation
of section 701 of Title 18 of the Uniled Slates Code and subject the violator to possible lines and
iimprisonment as set forth thcrein.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DFP Grant Agrecmrnt OFMAS-122, Altarhmcnl C. Page 2 of 2
.. L.ORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
DIVISION OF MARINE RESOURCES - ARTIFICIAL FISHING REEF PROGRAM
M A T E R I A L S P L A C E M E N T R E P O R T
••""• To Be Completed For Each Deployment Location or Date of Deployment""
ATTACH A PHOTOGRAPH OR VIDEO OF THE MATERIAL AS 1T
APPEARED ON THE BARGE IMMEDIATELY PRIOR 'rO DEPLOYMENT
• County or
Municipality: Date of Placement:
Grant No, OFMAS - U.S. Army Corps
(if applicable) Pe, -mil . No.:
Source of Funding: Amount:
Name of Permitled Location Name
Reef Site: for This Deployment:
NOTE: ONLY LATf'D AND LONGITUDE COORDINATES TAKEN WITH A°GLOBAL POSITION 'SYSTEM (GPS) RECEIVER ARE
ACCEPTABLE. f t �tO NVERSIONS FROM LORAN -C TIME DELAYS ARE UNACCEPTABLE,
DIFFERENT AL t r Latitude: Longitude:
GII f�$fa� )
0 Brand of Machine: Model Number:
Adual LORAN -C coordinates (if iaken on-site):
Geographical Location: at degrees from
�- (nautical miles) (bearing) (reference channel marker)
Water Depth: feet Maximum Material Height: feet
TYPE ANIS AMOUNT OF MATERIAL PLACED AT THE LOCATION [DESCRIBED ABOVE:
Primary Type of Material: Number of Pieces:
Secondary Type of
Tertiary Type of Material -
Number of Pieces:
Number of Pieces:
FOR GRANT -FUNDED REEFS, the following data will be recorded at the st.-�4ing area prior to and after the deployment:
Barge Length;_ feet Barge Width; feet Loaded Draft: feet Unloaded Draft
(l-ength X, Vwrfdth X Loaded Draft X 0.93 X 63) * 2,00D = _(Loaded barge and material weighs in tons)
SUBTRACT
(Length X Width .XUnloaded Draft 'X 0.93 X 63) * 2,D0D = (Unloaded barge weighl in tons)
TOTAL TONNAGE THIS DEPLOYMENT:
1 DO HEREBY CERTIFY THAT THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE
Observer's Name -
Observers Signature.
Observer's Remarks:
DEP - OFMAS Foffl No. 34 403 (grafi)
Rev. 11/97
Title: (PLEASEPRIf I)