Derelict Vessels Phase IIA G R E E M E N T ,LE['P
AGREEMENT, MADE THIS 11? %th day of / /� Ll 1992, by and
between, Spirit Marine Towing and ("Contractor"), and they -8 (� 9 •11
Assistance
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, of_the;
MNRUF ;llN i f. r L-A,
County of Monroe, State of Florida ("Board").
The contractor and the Board, for the consideration named,
agree as follows:
1. The contractor shall furnish all the materials and perform
all the work as required by the Specifications for the removal and
legal disposal of Florida Marine Patrol marked Derelict Vessels.
A list of derelict vessels under this contract is attached hereto
as Exhibit A.
2. The work is to be performed under the contract shall
commence within 15 days from the date the Liason provides the
Notice to Proceed and shall be completed within 120
of that date.
days
3. If the Notice to Proceed has not been given by the Liason
to the contractor on or before June 1, 1992 then this
Agreement shall be null and void.
4. The work to be performed under the contract is contingent
upon receipt of appropriate grant monies from the State Department
of Natural Resources, Derelict Vessel Program. If this grant is
denied, this Agreement shall be null and void. The contractor
understands the rules of the Department of Natural Resources and
shall comply with said rules, along with the rules and procedures
instituted by the Board to ensure an orderly progress to the
project.
Page 1 of 5
Both the intent and the letter of the Specifications are
understood by the contractor.
5. The Board shall pay the contractor the total sum of
twenty three thousand five hundred dollars ($23,500.00) for the
removal of all sixteen vessels listed in exhibit A. If a vessel is
missing or has been previously removed by others the
total contract amount shall be reduced according to the individual
bid price by the contractor of that vessel. Payment for the work
shall be upon completion by the contractor and acceptance by the
Board, subject to the terms and conditions of the Specifications
(attached as Exhibit B) and this contract. One payment will be
made when all of the work under the contract is complete.
6. The attached Specifications, Plans, and other documents
together with this Agreement, form the contract. They are fully a
part of this contract as if repeated herein verbatim.
7. The contractor shall indemnify the Board from and against
any and all claims, demands, actions, proceedings, damages,
liabilities, costs and expenses, including attorney fees, arising
out of, connected with, or resulting from this Agreement.
8. The contractor acknowledges his/her intention to comply
with the need to coordinate all work with the appropriate
environmental agencies, the Florida Marine Patrol, and the County.
Page 2 of 5
9. The contractor agrees to supply the County with three (3)
photographs of each Derelict Vessel on this contract -one (1) at the
current marine location prior to removal, one (1) out of the marine
location but in the same general area, and one (1) at the landfill,
showing when possible the Derelict Vessel number and/or the Florida
Vessel Registration Number. The contractor will be responsible for
the camera, film, and development costs.
10. The contractor understands and agrees that no payment
will be forthcoming for the removal and disposal of any derelict
vessel (1) not listed on this contract nor (2) for any derelict
vessel on this Contract for which a written certification for the
removal of the subject vessel has not been obtained from a Florida
Marine Patrol Officer and/or a representative of Monroe County
stationed at the landfill at the time of delivery.
11. The contractor understands and agrees that receipt of
Notice to Proceed from the County does not relieve his
responsibilities to obtain any appropriate permits. The contractor
must inform and advise the appropriate permitting authorities prior
to the removal of any derelict vessel and obtain clearance. The
contractor agrees that no environmental damage will be done.
12. The contractor understands that he is to remove only
those derelict vessels that are a part of this contract, transport
same to landfill, and offload under the direction of the landfill
staff so as to cross the scales and be placed at the location on
the landfill property where directed by landfill staff.
Page 3 of 5
13. The work must be completed by September 18, 1992. Since
the work involves the removal of derelict vessels, which are
frequently point sources of petroleum and other types of harmful
chemical pollution, the parties agree that timely performance of
this agreement is essential in order to prevent further
environmental damage and consequent restoration costs. Therefore,
the parties agree that the contractor shall be liable to the Board
for $100 per day of liquidated damages for each day after September
30, 1992 that any of the contractor's obligations under this
agreement remain unperformed. The parties agree that such amount
is by the way of compensatory damages and does not constitute a
penalty.
14. Due to the use of heavy equipment and, at times,
dangerous work environment, the contractor understands and agrees
to maintain an alcohol and drug free work environment.
15. The Board may terminate this agreement with or without
cause at anytime upon giving the contractor 15 days notice in
writing. The contractor, upon receipt of the notice, shall
immediately cease all work. The Board shall pay the contractor the
percentage of the contract sum which is proportional to the amount
of work performed by the contractor in a manner satisfactory to the
Board up to the date the contractor received notice of termination.
Page 4 of 5
IN WITNESS WHEREOF the parties hereto have executed this Agreement
the day and year first written above.
�j
BY:
(Seal)
Attest:
,J&ae, >X2 . o?OrA.e.
Witness
oe
Witness
(Seal)
Title
,�12 /i 74!574,M/G
Firm
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
Mayor/Chairman
Attest:DANNY L. IKOLHAGE, Clerk By
Dal
Clerk
Page 5 of 5
EXHIBIT A
DERELICT VESSELS
1992 REMOVAL YEAR
PHASE II
BIG PINE AREA
DV09346
DV09878
MARATHON AREA
DV09225
DV09512
DV09838
DV09840
DV09841
DV09842
DV09843
DV09865
DV09866
DV09920
LOWER MATECUMBE
DV09901
DV09935
PLANTATION KEY
DV09278
KEY LARGO
DV09914
GENERAL SPECIFICATIONS
PLANS AND SPECIFICATION: The specifications referred to herein shall include all
Specifications and documents written by Monroe County and attached hereto.
2. INTENTION: It is intended that these Specifications which make up and constitute the
Contract shall cover all aspects of the work with explicit provisions, and it is
understood that the Contractor has, by personal examination and inquiry, if necessary,
satisfied himself as to the local conditions of each Derelict Vessel and as to the
meaning, requirements and reservations of the Specifications; for after contract letting,
no deviation will be allowed. In case errors or omissions are discovered, they are to be
reported by the Contractor to the County.
3. PAYMENTS OF TESTS BY COUNTY: Except when otherwise specified, the expense
of all tests requested by the County will be borne by the County.
4. CHANGES AND INSPECTIONS: The right is reserved to change the Specifications
consistent with regard to the general intention of the Contract for any part of the work
or materials, either before or after work has begun. Notice of such changes shall be
given in writing to the Contractor; such changes are not to be grounds for any claim
by the Contractor for damages, nor for the forfeiture of the Contract. It is possible that
a Derelict Vessel could disappear between the time of inspection by the contractor and
actual effort to remove it. No payment will be forthcoming in this case. Payment is
only made for removed vessels that have been certified by the Florida Marine Patrol,
Disposal Site/Location staff, and the County representative.
5. SUPERVISION AND INSPECTION: The vessels herein considered are to be removed for
the County by the Contractor in accordance with the Specifications. The County may
give instructions or directions to supplement the Specifications. These shall be binding
upon the Contractor and upon all his subcontractors, employees and agents of every
kind.
The Contractor's procedure and methods of removal may be of his own selection
provided they secure results which satisfy the requirements of the Specifications and
any necessary environmental permits.
All work and every process and operation shall be subject to inspection at all times,
and the County and their representatives shall have free access to all aspects of the
work. The Contractor shall remove and make good, as may be directed, without
charge, any defective work. Oversight or error of judgement of inspectors, or previous
acceptance, shall not relieve the Contractor from the obligation to make good any
defect whenever discovered.
It is expressly understood that the Contractor is in all respects an independent
Contractor for this work, not withstanding under certain conditions he is bound to
Page 1
follow the directions of the County, and is in no respect an agent, servant, or
employee of the County.
6. MATERIALS AND WORKMANSHIP: The Contractor shall provide the services of all
workmen, mechanics, tradesmen and other employees trained and skilled in their
various occupations; and all materials.
7. PLANT AND PROGRAM OF CONSTRUCTION: The Contractor shall supply all plant,
tools, and equipment of every kind, ample in quantity and capacity, in good working
order and suitable in character to carry out the work of his contract according to the
Specifications.
Precaution shall be exercised at all times for the protection of persons and property.
The safety provisions of the Occupational Safety and Health Act of 1970 (Public Law
91-596) and other applicable laws, including building and construction codes shall be
observed. Machinery, equipment and other hazards shall be guarded in accordance
with safety provisions of the "Manual of Accident Prevention in Construction",
published by the Associated General Contractors of America, to the extent that such
provisions are not in contravention of applicable law.
8. LEGAL RESTRICTIONS, PERMITS AND TRAFFIC PROVISIONS: The Contractor shall
procure, at his own expense, all necessary licenses and permits and shall give due and
adequate notices to those in control of all properties which may be affected by his
operations. The Contractor shall conform to all applicable laws, regulations, or
ordinances with regard to labor employed, hours of work and his general operations.
The Contractor shall conduct his operations so that he shall not close any thoroughfare
nor interfere in any way with traffic on highways, or on water, without the written
consent of the proper authorities.
9. LIABILITIES, DAMAGES AND ACCIDENTS: The Contractor shall assume and be
responsible for, and shall indemnify and save harmless the County against, all claims
and demands of all parties whatsoever for damages or for compensation for injuries
or accidents to persons, animals and materials due, or claimed to be due, either directly
or indirectly, to his operations or to the act or omission of himself, his agents, or
workmen, until the final acceptance of the work performance. The Contractor shall pay
all judgements obtained by reason of accidents, injuries or damages, or of
infringements of patents as specified in suit or suits against the County, including all
legal costs, court expenses and other like expenses; and the contractor shall have the
right to join in the defense of such suits.
The Contractor shall store materials and shall be responsible for and shall maintain
partly or wholly finished work during the continuance of the Contract and until the final
acceptance. If any materials or part of the work become lost, damaged, or destroyed
by any cause or means whatsoever, the Contractor shall satisfactorily repair and
replace or not receive payment for the unaccomplished work. The Contractor shall
maintain suitable and sufficient guards and barriers, and at night, suitable and
sufficient light or other appropriate security or protection for the prevention of
accidents.
Page 2
10. ASSIGNMENT OF CONTRACT: Neither the Contract, nor any part thereof, nor any
monies due or to become due thereunder, may be assigned by the Contractor without
the prior written approval of the County.
11. NOTICE TO PROCEED: For Contracts wherein a specified number of days for
completion is stated, the effective date of the "Notice to Proceed with Contract Work"
will establish the "beginning date" of the project. A preconstruction meeting will be
necessary involving a representative of the County, the Contractor and other parties
with direct involvement.
12. COMMENCEMENT, DELAYS AND COMPLETION OF WORK: After complete and final
execution of the Contract, and after reconciliation of any details or conditions which
may directly or indirectly interfere or conflict with work of the Contract, the County
will issue a "Notice to Proceed with Contract Work" officially authorizing the
Contractor to commence. The Contractor shall commence work on said date.
If the Contractor should be delayed in the progress of the work included in the
Contract by unforseeable causes beyond his control, the time for the completion of the
work may be extended upon agreement of the County representative. Requests for
extension of time must be submitted in writing to the County representative.
Extensions of time cannot legally be approved unless the written request is submitted
in time to permit it to be acted upon before the Contract expiration date. To allow
sufficient time for administrative procedures required to obtain action by the County
Commission, a request for time extension must be received by the County
representative at least sixty (60) calendar days prior to the contract expiration date.
Liquidated damages resulting from factors beyond the control of the Contractor which
occur too late to allow time for action by the Board of County Commissioners
approving a time extension may be waived by the County Commission. Such waiver
shall be granted only when the County representative determines that the delay is
beyond the control of the Contractor, and in this event the Contractor shall not be
charged with liquidated damages or any excess cost when the delay in the completion
of the work is due:
a. To any duly issued order by the County or the State Department of Natural
Resources changing the Contractor's approved work schedule;
b. To unforeseeable cause beyond the control and without the fault or negligence
of the Contractor, including, but not restricted to, acts of God, or of the public
enemy, acts of the County, acts of another Contractor in the performance of
a contract with the County, fires, floods, epidemics, quarantine restrictions,
strikes, freight embargoes and severe weather; and
C. To any delays of subcontractors or suppliers occasioned by any of the causes
specified in subparagraphs (a) and (b) above.
Provided further that the Contractor shall within ten (10) days from the beginning of
such delay notify the County, in writing, of the causes of the delay. The County
Page 3
representative will ascertain the facts and the extent of the delay and notify the
Contractor within a reasonable time of his decision in the matter.
If the Contractor fails to complete the work within the time limit, and if the County
should nevertheless permit the Contractor to continue and complete the same without
official extension of time in writing, such permission shall not modify nor waive any
liability of the Contractor for damages arising from non -completion of work within the
time limit, but all such liabilities shall be subject to continuation in full force against the
Contractor.
13. EXPLOSIVES: No blasting shall be done except under prior approval by the County and
all relevant and appropriate environmental permitting agencies such as the Department
of Natural Resources, Department of Environmental Regulation, United States Army
Corps of Engineers, U.S. Fish and Wildlfe Service and the United States Coast Guard.
When the use of explosives is approved the Contractor shall use the utmost care so
as not to endanger life or property, and whenever directed the number and size of the
charges shall be reduced. All explosives shall be marked clearly "DANGEROUS
EXPLOSIVES", and shall be in the care of complete watchman. The Contractor shall
secure the proper competent watchmen. The Contractor shall secure the proper
permits from all agencies. The Contractor shall assume all responsibility for damages
caused by explosives. Use of explosives is discouraged in carrying out the project.
14. SUBCONTRACTS: The Contractor is fully responsible to the County for the acts and
omissions of his subcontractors and of persons either directly or indirectly employed
by said subcontractor, as he is for the acts and omissions of persons directly employed
by him. Nothing contained in the Contract Documents shall create any contractual
relations between any subcontractor and the County.
15. FINAL CLEAN-UP: Upon completion of the work specified herein and before
acceptance and final payment shall be made, the Contractor shall remove from the
sites all machinery, equipment, surplus and discarded materials and temporary
structures. All disposal of materials, rubbish and debris shall be made at a legal
disposal site.
16. INSURANCE: The Contractor must obtain all insurance required under this paragraph
and submit Proof of same to the County for approval at the time of, and as a part of,
the bid proposal. All insurance shall be maintained until work has been completed and
accepted by the County.
The Contractor shall furnish the following certificates of insurance for review by the
County's Risk Management Division:
Page 4
Certificate(s) of Insurance which clearly indicates that he has obtained the insurance
coverage required in paragraphs a,b, and c below.
The Contractor hereby certifies that no modification or change in insurance shall
be made without (3) days written advance notice to Monroe County, c/o the
Director of the Risk Management Division.
a. Worker's Compensation Insurance as required by Chapter 440, Florida
Statutes.
b. General Liability Insurance- on a Comprehensive basis, in an amount not
less than $500,000.00 per occurrence for Bodily Injury and Property
Damage combined, to include contractual liability.
C. Automobile Liability Insurance covering all owned, non -owned and hired
vehicles used in connection with the work, in an amount not less than
$500,000.00 per occurrence for Bodily Injury and Property Damage
combined.
All insurance policies required above shall be issued by companies
authorized to do business under the laws of the Sate of Florida.
17. ANNULMENT OF CONTRACT: If the Contractor fails to begin the work under contract
within the time specified, or fails to perform the work with sufficient workmen and
equipment or with sufficient materials to insure the prompt completion of said work,
or shall perform the work unsuitably or cause it to be rejected as defective and
unsuitable, or shall discontinue the prosecution of the work, or commit any act of
bankruptcy or insolvency, or allow any final judgement to stand against him unsatisfied
for a period of 48 hours, or shall make an assignment for the benefit of creditors or
from any other cause whatsoever shall not carry on the work in an acceptable manner,
the County may give notice in writing to the Contractor.
If the Contractor, within a period of ten (10) days after such notice, does not proceed
in accordance therewith, then the County shall have full power and authority, without
violating the Contract, to take the prosecution of the work out of the hands of said
Contractor, to appropriate or use any or all materials and equipment as may be suitable
and acceptable, and may enter into an agreement for the completion of said Contract
according to the terms and provisions thereof, or use such other methods as shall
be required for completion of said contract in an acceptable manner.
18. PUBLIC ENTITY CRIMES: Upon entering into the contract, the
Contractor agrees to sign and endorse the Public Entity Crimes
form (attached).
19. NON -COLLUSION AFFIDAVIT: Upon entering into the contract, the Contractor agrees
to sign and endorse the Public Entity Crimes form (attached).
Page 5
SPECIFIC DERELICT VESSEL SPECIFICATIONS
DEFINITION
The purpose of this section is to provide specific coverage for conditions applicable to
this contract, where such coverage is not provided for in other portions of the contract
documents.
2. INTENT
It is the intent of these documents to obtain competitive prices for the removal of
derelict vessels from their present sites to either the Long Key Landfill -Monroe County,
any other Landfill in neighboring counties or any other LEGAL location for disposal.
ALL DISPOSAL COSTS ARE THE RESPONSIBILITY OF CONTRACTOR.
3. SCOPE OF WORK
The Contractor shall be responsible for providing all permits, supervision, labor,
equipment, tools, fees and taxes required to complete this project to the satisfaction
of the County.
Landfill disposal fees or other disposal fees for the Contractor shall be his responsibility
and should be added to the cost of removal.
Any vessel which is removed and disposed of shall be removed from its present site
in such a manner as to do the least possible damage to the natural environment
surrounding the vessel. All debris from the vessel shall be removed and the site left
in a reasonably clean condition. No oil or fuel shall be permitted to be dumped or
spilled into or unto the water or land. All pollutants shall be removed from the Derelict
Vessel prior to removal from the water.
The Contractor shall be responsible for making any and all arrangements for access to
the vessel to be removed. If private property has to be traversed, then written
permission of the owner is necessary. In removing a derelict vessel that may lie on or
near grass or sponge flats extreme caution must be used as to to the least possible
damage.
The Contractor will deliver the Derelict Vessel to the disposal site, where staff must
be able to verify the derelict by its Florida Marine Patrol Derelict Vessel number or by
some other means. In the event that the vessel is being recycled or used for an
artificial reef the County representative must be present for verification of disposal.
In those cases where a Derelict Vessel number can not be found, i.e. Derelict Vessel
is underwater, the Contractor shall provide marine transportation to the site for the
County representative to verify the vessel and location using the original Derelict
Vessel report from the Florida Marine Patrol.
Prior to delivery of Derelict Vessels to the disposal site, the Contractor must remove
all oil, gas and metal (including engines). He must dispose of them in any legal
Page 6
manner. Pure used oil will be taken by Monroe County for disposal. Mixture of oil,
gas, seawater or any combination of the three must be transported from the County
by an approved hazardous waste handler. The names of those firms will be supplied
by the Monroe County Environmental Management Department. Metal becomes the
property of the Contractor.
4. AUDIT RIGHTS
As a provision of the grant from the State of Florida to the County, and if so requested
by the State, the sucessful Bidder agrees to provide access to all records and allow the
audit of any books, documents and papers related to this project.
5. PLANS
There are no plans for this project, but copies of the Florida Marine Patrol Report with
location sketches have been bound into these documents for the Contractor's use.
The Specifications include sections on instructions to Bidders, General and Specifics,
and a copy of each Derelict Vessel report from the Florida Marine Patrol. Only those
Derelict Vessels for which a report is included and listed on the bid sheet are to be bid
upon and subsequently removed.
6. PERMITS AND LICENSES
The Contractor shall comply with all applicable local, State and Federal requirements
pertaining to the terms of this Contract. The Contractor will be responsible for
obtaining any permits and should inquire with the Department of Natural Resources,
Department of Environmental Regulation, United States Army Corp of Engineers, U.S.
Fish and Wildlife Service and Monroe County. The Contractor shall comply with all the
requirements of the Federal Pollution Control Act. Offloading sites (water to land for
transport to the landfill or other disposal site by vehicle) must have written approval
of the land owner. The Contractor must notify the U.S. Coast Guard Marine Safety
Office in Key West, Miami, Marathon and Islamorada prior to the actual removal of
Derelict Vessels.
7. LIMITATIONS OF OPERATIONS
Work shall be done at any time that shall not interrupt or disturb members of the
public. Consideration should be given at all times to the welfare of the public.
8. SITE INVESTIGATION AND UNDERSTANDING OF PROJECT
The Contractor, by virtue of signing the Contract, acknowledges that he and all his
subcontractors have satisfied themselves as to the nature and location of the work,
the general and local conditions, including, but not restricted to, those bearing upon
transportation, handling, access to the pick-up and disposal sites; and the character
of equipment and facilities needed to perform the work. Failure on the part of the
Contractor to completely or properly evaluate any factors of his costs prior to bidding
shall not form a basis for additional compensation if he is awarded the Contract.
Page 7
9. PREWORK CONFERENCE
A prework conference will be held between the Contractor and representatives of the
County. The time and place of this Conference will be set by the County
representative. At this time the Contractor shall provide the County with a schedule
as to the order in which he proposes to remove the vessels awarded to him.
10. AWARD OF CONTRACT AND TIME FOR COMPLETION
The County reserves the right to evaluate the submitted bids to award a contract to
the bidders submitting the lowest bid for all of the derelict vessels listed in the bid
package as one project and for which a Florida Marine Patrol report is included. One
bid will be accepted and a contract issued for the total removal of all DV's as one
project.
11. INSURANCE
Contractor will follow in accordance with requirements specified in item (16) General
Specifications.
12. LIQUIDATED DAMAGES
Liquidated damages shall be assessed against the Contractor for any bid item awarded
to him which is not completed and accepted by the County within the number of
calendar days specified. Liquidated damages are accumulative.
13. EXECUTION OF CONTRACT DOCUMENTS
Due to the time frame involved with this project, the Contractor upon verbal
notification that he is to be awarded the contract documents for execution, shall return
said documents properly executed along with any necessary bond and insurance within
TEN WORKING DAYS. With the Contractor's cooperation, if this period can be
reduced, it will assist in acceleration the execution of the contract documents.
14. NOTICE TO PROCEED
The Contractor shall commence work upon this project on the effective date of the
Notice to Proceed and perform in a continuous manner until completion and
acceptance by the County. If for any reason, not acceptable to the County, the
Contractor does not perform, the County shall have the right to levy liquidated
Damages against the Contractor.
15. CONTRACT SECURITY
The Contractor agrees to execute and deliver simultaneously with the executed
contract, a Contractor's Performance and Payment Bond, as may be applicable.
Page 8
Florida Statutes 255.05 provide for the conditions to be made in all Performance and
Payment Bonds relating to the public projects in excess of $100,000. A Contractor is
responsible for acting in compliance with this law.
Where a performance bond may not be required, the contractor is expected to act and
deliver in good faith all work, at the agreed price, in the allowed time. Failure to do
so, could jeopardize the contractor's reputation with the County and potentially
influence any future contracts with Monroe County.
16. VESSEL IDENTIFICATION AND LOCATION
Each of the vessels have been given a derelict vessel identification number, which is
shown with the location in the Florida Marine Patrol Derelict Vessel Report, included
herewith.
Each bidder is responsible for his own identification of each derelict vessel as to
location, description and condition. The County assumes no responsibility should there
be any discrepancies in what is stated in these documents and what the Bidder
evaluates.
If a Derelict Vessel cannot be (1) located, (2) removed, (3) verified and (4) disposed
of then no payment will be forthcoming to the Contractor for that vessel. Those four
conditions must be met on each Derelict Vessel along with compliance with all laws
and permits for payment to be made.
A Contractor should take special care to remove only those Derelict Vessel's on his
contract and for which he possessed a Florida Marine Patrol Derelict Vessel Report.
Other Derelict Vessel's in the area but not under contract, cannot be molested.
It may be possible to replace a DV of like kind, for the same or less money, when
mutual agreement can be reached upon by the DNR administrator of the DV program,
the Florida Marine Patrol office in Marathon, the County representative, and the
contractor. This will be applicable when a contracted DV can not be located.
NO DV MAY BE REPLACED AND REMOVED WITHOUT THE FOUR PARTY CONSENT
NOTED IN THIS PARAGRAPH. A CONTRACTOR MAY SUGGEST A POSSIBLE
REPLACEMENT VESSEL BUT HE MAY NOT REMOVE IT WITHOUT THE APPROPRIATE
CONSENT ABOVE AND A CONTRACT ADDENDUM.
17. PROOF OF PROPER DISPOSAL AND NOTIFICATION TO MARINE PATROL
Contractor must submit prior to receiving any payment: A recipt for each vessel
including the date of disposal, Florida Marine Patrol Derelict Vessel number, disposal
site, telephone number, title, and signature of person at disposal site verifying delivery
of said Derelict Vessel.
In addition to the above information, Contractor must submit three pictures of each
vessel removed. The first at beginning of work, the second out of the water prior to
Page 9
delivery to disposal site, and third at disposal site. DV number must appear in all
pictures. The pictures must be taken with a polaroid camera that provides instant
photos. This camera and film must be provided by the Contractor. If he does not own
one the County will provide one with a deposit equal to the value of the camera. In
this case film will still be the responsibility of the Contractor. The photos must be
submitted on a vessel by vessel basis according to removal schedule. Exceptions to
this must be approved by the County representative.
The Contractor must notify the Florida Marine Patrol in writing as to the work schedule
of removal. This should be done after the pre -work conference with the County
representative. Notification is to be made before doing any work on each vessel. This
multiparty communication for each Derelict Vessel is a requirement of the contract.
A Florida Marine Patrol officer must certify the removal of each DV. No payment will
be made without the FMP verification.
18. PAYMENT
All payments for the removal and disposal of each vessel, shall be for the performance
of the work as stipulated under Item #3, (Scope of Work). The unit rate of bid shall
be totally inclusive for all phases of the operation. Contractor may request partial
payment by submitting an invoice for the number of vessels removed up to the date
of the invoice. Contractor must submit the required photographs, disposal receipts,
etc. for the vessels for which payment is being requested. See paragraphs 16 and 17
of these Specific Specifications. A copy of the Disposition Certification is included
herein.
19. RESTORATION OF PROPERTY
Property, public or private, if damaged during the work or removed for the convenience
of the work, shall be repaired or replaced at the expense of the Contractor in a manner
acceptable to the County and the Owner, prior to the final acceptance of the DV
removal work and payment therefore.
20. BID FORMAT
THE SEALED BID MUST BE SUBMITTED ON THE BID SHEET ENCLOSED IN THIS
PACKAGE. A price must be submitted for each DV number on the bid sheet and a
total for removal of all vessels. Any deviation from this format will result in an
unaccepted bid. A Contract will not be granted on the basis of combined, related,
linked, or discounted bids.
21. DERELICT VESSELS AT ISSUE
The seventeen derelict vessels listed on the Derelict Vessel Bid Sheet shall be removed
and disposed of by the Contractor in accordance with the provisions of these
Specifications.
Page 10
DERELICT VESSEL BID SHEET
1992 REMOVAL YEAR
PHASE 11
BIG PINE AREA
PRICE FOR REMOVAL
DV09346
$ 5 60{ oC-
DV09878
$ i. CO ao
MARATHON AREA
PRICE FOR REMOVAL
DV09225
$ . f 6-0GLa
DV09512
$ _T a�aF ve-
DV09838
$
DV09840
$ G;
DVO9841
$ Paz Lv
DVO9842
$
DV09843
$ 5d00
DV09365
DV09866
$ ���, a
D V098 67
$-------
DV09920
$_ l O 0e , J-o
LOWER MATECUMBE
PRICE FOR REMOVAL
DV09901
$
DVO9935
$
PLANTATION KEY
PRICE FOR REMOVAL
,DV09278
$ I1� ��0O—
KEY LARGO
PRICE FOR REMOVAL
Business Name of Bidder �/F 7-0 /P //V� y
Name/Title Pat - 7—"-Allql/iV,/r/T
Business. Address y� lC oe !/ j�
Phone Number of Business '7 2- j 'I-
Signature��.i-
Total Price for Project $ Z; 676)09 6"
Total Number of Days for Completion11 S e7_
BIG PINE AREA
DV09346
DV09878
MARATHON AREA
DV09225
DV09512
DV09838
DV09840
DV09841
DV09842
DV09843
DV09865
DVo9866
DV09867
DV09920
LOWER MATECUMBE
DV09901
DVO9935
PLANTATION KEY
DV09278
KEY LARGO
DVO9914
DERELICT VESSEL BID SHEET
1992 REMOVAL YEAR
PHASE II
PRICE FOR REMOVAL
$ 1,67.0u
$ ,9>7.UG
PRICE FOR REMOVAL
$
1 .1ob.00
$
1 .44b.00
$
3.9bb.00
$
1 .447 -00
$
1 ,1b7.OG
$
2,668.00
$
1 , 447.OU
1,666.00
$
tio-Bia x
$
j,6b7.00
PRICE FOR REMOVAL
$ 3,666.00
$ L, 147.U0
PRICE FOR REMOVAL
$ 216bb.00
PRICE FOR REMOVAL
$ 5,1b7.00
Business Name of Bidder r, & D Marine Salvage Inc.
Name/Title Bobby Andre saki s
Business Address 1616 r'lagler eve. he ,best, i1. DG40
Phone Number of Business Lys-36
Signature
Total Price for Project $ 0 = $ 40, 5?0.00
Total Number of Days for Completion 90 nays
DERELICT VESSEL BID SHEET
1992 REMOVAL YEAR
PHASE II
BIG PINE AREA
PRICE FOR REMOVAL
DV09346
DVo9878
6
MARATHON AREA
PRICE FOR REMOVAL
DV09225
$���at�
DVO9512
DVO9838
$ % o0,00 ----
DV09840
DV09841—
DV09842
$ 9eo,o 0
DVO9843
$r1 U. 0 0
DV09865—
DV09866
SCE; 06
_
DVO9920
Sy S
LOUVER MATECUMBE PRICE FOR REMOVAL
DVO9901 S3�00. 0__
DVO9935 $07FIM,6
PLANTATION KEY PRICE FOR REMOVAL
,DV0927800- �o
KEY LARGO PRICE FOR REMOVAL
DVO9914
Business Name of Bidder �ti���`►.�.,�� l.a.✓C lcS .�
Name/TitIe "s_r,yo
Business. Address - 7% c CG.- r��L- �L ,;✓. cti' /�����,�ras3�3�
Phone Number of Business r107255'/-D,f};2 e
Signature
Total Price for Project $���,3, QU
Total Number of Days for Completion 4] I,�-✓�
r
DERELICT VESSEL BID SHEET
1992 REMOVAL YEAR
PHASE II
BIG PINE AREA PRICE FOR REMOVAL
DV09346
$ 3,300.00
DV09878
$ 3,900.00
MARATHON AREA
PRICE FOR REMOVAL
DV09225
$ 3,800.00
DV09512
$ 2,200_00
DV09838
$ 2,400.00
DV09840
$ 6, 000. 00
DV09841
$ 2,400 00
DV09842
$ 1,900.00
DV09843
$ 2,100.00
DV09865
$ 1- 900 00
DV09866
$ 1,900.00
DV09867
$ deleted
DV09920
$ 1,900.00
LOWER MATECUMBE
PRICE FOR REMOVAL
DV09901
$ 3,100.00
DV09935
$ 3,900.00
PLANTATION KEY PRICE FOR REMOVAL
DV09278 $ 3,000.00
KEY LARGO PRICE FOR REMOVAL
DV09914 $ 3,000.00
Business Name of Bidder Frank Keevan & Son, Inc.
Name/Title Clarence J. Keevan, President
Business Address 6436 - 2nd Str et Stock Island key West Fla. 33040
Phone Number of Business 30� 94-0520 .
2
Signature
Total Price for P
6,700.00
Total Number of Days for Completion 90
DERELICT VESSEL BID SHEET
1992 REMOVAL YEAR
PHASE II
BIG PINE AREA PRICE FOR REMOVAL
DV09346
V
$ )(300.
DV09878
$ S,8 Ll o • '
MARATHON AREA
PRICE FOR REMOVAL
DV09225
$ Q 07
DV09512
$ 1It 0 0
DV09838
$ �i
DV09840
$ ((,
DV09841
$. 1 , d o o • '
DV09842
$csy () ` r
DV09843
$ -2 o 0 '
DV09865
1; 4 -)(-) `
DV09866
$ -7 O(-) . y
DV09867
$ No-' Tyr
DV09920
$ (0,8 C;U , y
LOWER MATECUMBE
PRICE FOR REMOVAL
DV09901
$
DV09935
$
PLANTATION KEY PRICE FOR REMOVAL
V
DV09278 $
KEY LARGO PRICE FOR REMOVAL
DV09914
Business Name of Bidder :� ( p,1A S e I^;, r,,S 4 • _
Name/Title V),,,,A-1 V , a
Business Address ')
Phone Number of Business
Signature
`J
Total Price for Project S (9 Ll
Total Number of Days for Completion
ve ,/
NON -COLLUSION AFFIDAVIT
I, ��'/�/ %1i of the city of
�/¢/�I ✓2(J%' %��� according to law on my oath, and under penalty
of perjury, depose and say that;
1.) I am ��%�� f=� of the firm of
< IL41T %C�'�,( t the bidder making the Proposal for the
project described in the notice for calling for bids
for 'L L and that I executed the said proposal with
v - SS IF/' < P' � F � -
full authority to do so:
2.) the prices in this bid have been arrived at
independently without collusion, consultation, communication or
agreement for the purpose of restricting competition, as to any
matter relating to such prices with any other bidder or with any
competitor;
3.) unless otherwise required by law, the prices which
have been quoted in this bid have not been knowingly disclosed by
the bidder and will not knowingly be disclosed by the bidder
prior to bid opening, directly or indirectly, to any other bidder
or to any competitor; and
4.) no attempt has been made or will be made by the bidder
to induce any other person, partnership or corporation to submit,
or not to submit, a bid for the purpose of restricting
competition;
5.) the statements contained in this affidavit are true and
correct, and made with full knowledge that Monroe County relies
upon the truth of the statements contained in this affidavit in
awarding contracts for said project.
ignature of bidders
STATE OF jiCe77ib�iQ ��L
COUNTY OF o�3cF DATE
PERSONAI,�,Y ApPERARED BEFOP.E ME, the undersigned authority,
�ai✓f�/✓ who, after first being sworn by me,
name of iFTfv-rd'u-a-r--srg—ning1
affixed his/her signatu a in the pace provided above on this
�� day of s9�Js� 19 9
My commission expires: NOTAWPUBLIC
Notary PARR, State of Florida
My Commission Expires March 24, 1991�
BOnded Thru Troy Fain . Insurance Inc,
�.) S«'ORN STATEMENT UNDER SECTION 28^,.133(3)(a),
FLORIDA STATUTES ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER
AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted with Bid, Proposal or Contract No.
for nG/l c 1_/-
2. This sworn statement is submitted by _ �P /�? /T G jti /jy
[name of entity submitting sworn statement] -
whose business address is 1 �O / ,o i S 0,40 ,P/q A jt Ci f0
2, and
(if 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_ %%/f /t F• %�6n�' T 1AI
[please print name of individual signing] and my relationship to the
entity named above is /lG , A.r C— IL
4. I understand that a "public entity crime' as defined in Paragraph 287.133(1)(g), 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 an agenry 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 ra any other state
coco the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering,
nspsp iracy, or material misrepresentation.
S. I understand that "convicted" or "conviction' as defined in Paragraph 287.133(1)(b), Florida Statutes
means a finding of guilt or a conviction of a public entity 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.
6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes means:
I. A predecessor or successor of a person convicted of a public entity crime: or 2._ An entity under the control of any natural person who is active in the management of the
entity and Who ha: been convicted of a public entity crime. The term "affiliate' includes those
officers, directors, executives, partners, shareholders, employees, members, and agents who are active
in the management of an affiliate. The ownership by one person of shares constituting a controlling
interest in another person, or a pooling of equipment or income among persons when not for fair
market value under an arm's length agreement, shall be a prima facie case that one person controls
convicted of a public entity crime in Floperson another person. A person who knowingly enters into a joint venture with a pwho has been
affiliate. rida during the preceding 36 months shall be considered an
7. 1 understand that a "person" as defined in Paragraph 287.133 1 e Florida 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, members, 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.]
Neither the entity submitting this sworn statement, nor any officers, directors, executives, y'
partners, shareholders, employees, members, or agents who are active in management of the entity,
nor anv 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 agents who are active in management of
the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989, AND [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 order 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 the person or affiliate from the convicted vendor list.
[Please attach a copy of the final order.]
The 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.]
[signature]
Date: _/ 2 ff. Gr L
STATE OF '-Zz'
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, affixed his/her signature
[name of individual signing]
in the space provided above on this Y day of
My commission expires:
Notary PA94 State of Florida
My Commission Expires March 24, 1995
bedrrd Thru Tloy Fain - Insurance Ina.
For; t PUR 7068 (Rev. 11/89)
NOTARY PUBLIC;
A"RD- CERTIFICATE OF 1NSURANCE.'ItiYi DATE (MM/GDIYYI
"AN
P�oDu�R
THIS CERiIl=1CATE 18 ISSUED AS A MATTER OF INFORMATION NLY
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE
Professional Tn=ance 'center, inc.
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY `+HE
2003. W. Kemiedy Blvd.
a L o
TralTlpa,. Fl=iAa. 33606
COMPANIES AFFORDING COVERAGE
COMPANY HNY
ILLA MxUrw iterS at Ll.Oyd'B, IrIndo1 &/or British
COMP1NtUREO LctTEAANY (3 f3ailiCers & Shz.pper8
Spirit Marine Toiling & AssiStanoo
j �eETTT'ER Y C
P.O. Box 244
Big Pine Key, Florida 33043
Lt:T7Eii COMPANY 0
COMPANY E u
j LC1'TER
CO `.,:
;..77777.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LIST CU
OULOW HAVE BEEN ISSUE[ TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDINQ ANY REQUIREMENT, TERM 08
CONDITION Or ANY CONTRACTOR OTHER L)OCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE
AFFORDED BY THE POLICIES DtSCRIDEO HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BECN RCDUCEO BY PAID CLAIMS.
'.
LTR, TYPE of INsuanncE ! POLICY NUMBER
i
POLICY EFFECTIVE :POLICY EXPIRATION' LIMIT!
! DATE (MMIDWYY) DATE (MMIDDIYY)
GENERAL LIABILITY
GA
j GENERAL AGGNE TE 5 10000,000
A: X , COMMERcm GENERAL LIABILITY
PIiODUCTSi 000
•GOMPIOP AGO. 500 r
CLAIMS MADE, GCCUR. i 04ML 558-1392
X
PERSONAL A AOV INJURY ' S
i 4-29-92 4-29-93
. ,
owNCR•b k CONTAACTON'S PAOT,
EACH OCCURRENCE IS 500 i 000
An ut�r �
( r ....,.. _, .. ...
.......: .... :. . ........ ........... .....
(,iotr vnr prn
I MED. EXPE14SE ow), i
AUTOMOBILE LIABILITY
B.
+ COMaINCO CINOLE s 500 000
`
ANY AUTO Binder 901067
j 4-29-92 4--29-93 'uMlr
ALL OV*MW AUTOS
I BODILY INJURY ! t
X BC"ZOULFO AUVO6
(Ptt {+orsonl
i I
x HIRED AUTOS
j I MOON Y INJURY
j t
{
X ! NON-OWNU0 AUI Qd
1
i { {Ht AOCIO�Qt)
OARAOw LIABILITY !
j
I ! MOPCATY DAM"I ! i
!
EXCFSB UABILITY
OCCURRENCE i
UMBRELLA FORM
AGGa.
I QAT6 i
OTHER THAN UMBRELLA FOHM
j
! STATUTORY LIMITS
i WORKER'S COMPENSATION j
, .. . . . .
I EACH ACCIDENT ; i
AND
OISCAW! POLICY LIMIT t i
EMPLOYERS' UABILITY
� DISEASE —EACH EMPLOYCk t
OTHER I
i
{
1 I I
DUCAIPTIOH OF OPRRATIONB/LOCATIONS/VENICLEBIBPECIAL ITEM$
General liability Deductible: $2, 500 any one acciden
1983 Ford Van - Vin: To be deternnined
or occurrence.
1980 Trailer _ Vin: To be determined
.0
OOLaIl111'y of MonroeSHOULD
ANY OF THr A6JYE DESCRIBED POLICIES 6E CANCELLED 9Ef0»E THE
K:LTTI 131anco — marine Projects coorc .nat=
'', EXPIRATION DATE THEAE-OF-, 1HE ISSUINU CUMPANY WILL ENDEAVOR TO
Ptablic Service Building
MAIL10— DAYS WRITTFN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
5100 Jr. College W.
LEFT, BUT FAILURE TO MAIL SUCI OTICE SMALL IMPOSE NO OBLIGATION OR
Key West, Florida 33040
.. LIABILITY OP ANY KIND UP MPA I AGCNTS OR REPRESENTATIVES.
Ag�
ACORO 26-5 (Tl90)
Br 0ACORD CORPORATION 198E
FLORIDA SHORT -FORM INDIVIDUAL ACKNOWLEDGMENT (F.S. 695.25)
No. 5181
STATE OF FLORIDA
Monroe
COUNTY OF
The foregoing instrument was acknowledged before me this 6/4/92
(Date) j
by
Brandi Pontin
(Name of person acknowledging)
or who has produced
who is personally known to me
(Type of identification)
as identification and who Bid (did not) take an oath.
4* p f PU r if► iCIAL SEAL
LOIS KIMBERLEY CHAPIN Notary Public, Commission No. 065156
+ �A MY COMMISSION EXPIR" • (Si t re)
NOVEMBER 20, 1994
(SEAL ABOVE) (Name of Notary typed, printed or stamped)
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document.
THIS CERTIFICATE Title or Type of Document Letter
MUST BE ATTACHED 6/3/92
TO THE DOCUMENT Number of Pages t Date of Document
DESCRIBED AT RIGHT:
. Signer(s) Other than Named Above _N/A
at991 NATIONAL NOTARY ASSUUTA 11Un • > 1 nornasvnw Mi., we w - i w—w+ . - —.— —
24 Hr.
,Service
OQ,
MARINE TOWING & ASSISTANCE
Our Experience will save you Time and Money
County Attorney's office
310 Fleming
Doom 29
Key West, Fla
33040
Beth Leto,
VHF
Ch. 16
June 3,1992 -�
K�� t
-47
R L�a92
5
This is an affidavit stating that we have not secured payment
of workers coiiipensation under chapter F.S. 440.055, for our
employees, of which we have less than four. Our employees
have received written notice to this affect.
/49
Brandi Pontin
4
DUKE PONTIN • P.O. Box 244 • Big Pine Key, Florida 33043
(305) 872-2752