Derelict Vessels Phase IIIA G R E E M E N T
AGREEMENT, MADE THIS 5th
day of August 1992,
by and between, Spirit Marine Towing & Assistance(" Contractor") , and the
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, of the
County of Monroe, State of Florida ("Board").
The contractor and the Board, for the consideration named,
agree as follows:
1. The contractor shall furnish all the materials and perform
all the work as required by the Specifications for the 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 immediately from the date the Liaison provides the
Notice to Proceed and shall be completed within 55 days
of that date.
3. If the Notice to Proceed has not been given by the Liaison
to the contractor on or before August 10, 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 progrEms to t,)4e 7
project. Z :T
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Page 1 of 5
- _0
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
nineteen thousand six hundred dollars ($19,600.00) for the removal
of all eleven 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.
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13. The work must be completed by September 30, 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 up to 10 days notice in
writing. The contractor, upon receipt of the notice, shall
immediately cease removing additional vessels. Only those vessels
which are in the process of being removed at the time of receipt of
the termination notice may be worked on during the termination
period specified in the termination notice. The intent is to allow
orderly completion of work in progress, where conditions are
favorable for such continuation.
Page 4 of 5
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.
IN WITNESS WHEREOF the parties hereto have executed this Agreement
the day and year first written above. j
BY:
(Seal) Title
Firm
Attest:
Witness
Witness
/
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
Mayor/Chairman
(Seal)
Attest: DA1'NY L. YOLHAGA Clerk
, 0-,/. '4-�;Pp '4
Clerk
Page 5 of 5
APPROVED AS TO FORM
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EXHIBIT A
1992 Derelict Vessel Removal Year
Phase III
DV09764
DV09637
DV09638
DV09647
DV09839
DV09670
DV09698 _
DV09705
DV09918
GENERAL SPECIFICATIONS
1. 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
supplement these Specifications which 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 follow the
directions of the County, and is in no respect an agent, servant, or employee of the
County.
Page 1
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.
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.
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1 1. 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 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.
Page 3
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:
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.
Page 4
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).
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SPECIFIC DERELICT VESSEL SPECIFICATIONS
1. 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 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.
Page 6
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
Derelict Vessel Report with location sketches have been bound into these documents for
the Contractor's use. The Specifications include sections on instructions to bidders, both
General and Specific, and a copy of each Derelict Vessel Report from the Florida Marine
Patrol. Only those derelict vessels for which a report is included and listed on the bid
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.
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 Derelict Vessel Report is included. One bid will be accepted and
a contract issued for the total removal of all listed derelict vessels as one project.
Page 7
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.
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.
Page 8
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 derelict vessel of like kind, for the same or less money,
when mutual agreement can be reached by the Department of Natural Resources
administrator of the derelict vessel program, the Florida Marine Patrol office in Marathon,
the County representative, and the contractor. This will be applicable when a contracted
derelict vessel can not be located.
NO DERELICT VESSEL 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 receipt for each vessel including the date
of disposal, Florida Marine Patrol Derelict Vessel Number, disposal site, and the 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
delivery to disposal site, and third at disposal site. The derelict vessel 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 remova►. 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 derelict vessel. No
payment will be made without the Florida Marine Patrol 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 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.
Page 9
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 derelict vessel 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 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
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a),
FLORIDA STATUTES. ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to A4 d IV AG r
� [print name of the public entity] '
by iO `C !i P�di I /A! U ZIP 1Kl X
[print indivr ual's name and title]
for S" W / % Ili �i loll
[print name of entity submitting sworn statement]
whose business address is Ag. 4 ,rk L Y y /S / C /10/ iV /— 1< i_ y /-C/-
3 3ayS
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: .)
2. 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 agency or political subdivision of any
other state or of 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.
3. 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.
4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes. means:
1. 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 has 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
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 36 months shall be considered
an affiliate.
5. I 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, employed, members, and agents who are active in management of an entity.
6. Based on information and belief, the statement which I have marked below is true in relation to
the entity submitting this sworn statement. [indicate which statement applies.]
1, Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the
entity, nor any affiliate of the entity has 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 its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the 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.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the 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. However, there has been a subsequent proceeding before a Hearing
Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by
the Hearing Officer determined that it was not in the public interest to place the entity submitting
this sworn statement on the convicted vendor list. [attach a copy of the final order]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR
THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY
ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN
WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC
ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT
PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN
THE INFORMATION CONTAINED IN THIS FORM.
[signature]
Z d 2-
STATE OF �! 073' �— � [date]
COUNTY OF 14-
d PERSONALLY APPEARED BEFORE ME, the undersigned authority,
Un F � "�' " who, after first being sworn by me, affixed his/her signature
[name of individual signing] 2
in the space provided above on this ` G day of ` . 19 / / v
My commission expires:
Nofery Publk Sfafe cif rl""dtl
My Col"'$S'On fx.'Pires i'i zr i 24, 1903
Bonded Thru Tro; F-in In —once Inc.
Form PUR 7068 (Rev. 04/10/91)
NON -COLLUSION AFFIDAVIT
of according to law on my oath, and
under penalty of perjury, depose and say that;
1) I am /Q
making the Proposal for the ro' the bidder
p sect described as follows:
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.
0,
(Signature of Bidder)
STATE OF -Zo _yam
COUNTY OF DATE _ �� ,,i %�y E-
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me,
(name of individual signing)
affixed his/her signature in the space provided above on this
�O day of�T_C�� 19 f-0`7�
C
My commission expires: NOTARY PUBLI
' _ N6f8ryPUb0C. Sfafe of Ffor*
My Commission Expires March 24, 1945
oonded Thru Troy fain - Insurance Ine,
DERELICT VESSEL BID SHEET
1992 REMOVAL YEAR
PHASE III
LITTL E 'IKN_ C K E M D 0 ' KEY PRICE FUR REMOVAL
DV09764 $ 4,000.00
LIT-1-LE TOP_CH KEY ERIC1= FUR RE ROYAL
DVO9848 $-
MARATHON AREA PRICE FOR REP11OVAL
DV09637
$ NOT THERE
DVO9638
$ `IOT T�IEsRE
DVO9647
$ NOT 'EUFRZ____
DV09807
$ NOT THERE
DVO9839
$ 2,500.00
ISLANIORAJA AREA
PRICE FOR REMOVAL
$ 5,000.00
DV09670
KEY LARGO AREA
PRICE FOR REMOVAL
DV09698
$ NOT THERE
DV09705
$ 'JOT THERE
DVO9886
DV09918
$ o0
Business Name of Bidder SPIRIT TOW I NG --
Name!Title DUKEPONTIN OWNER _— —
Business Address P • •J h4 F_ », 33043
Phone N1.:tn5cr of Business (3i)5) 872-2752
Signature
Totai Price for Project
PRgJ_ECT MUST EE COfO L ETFD BY St Pl=EMBER
rr4,,,r614VA: l,.()tJN7Y
M w..r.n tWw M w �.r�.0 ....a.e .w .we !ti«r.• IW4kt .�••*IA MCI.
.A•I •M NM•. r• •n.rJN t.r J� I.le. •
II..N �t• •M'IVtN1M• YJ. fitiXt.1V 4r YMMfMV• II tW VCt li it- \{IflQt►M twtlN ryw• to I•M• t1,4 ••rv(.t•r[ M.w ..•. •+iJ, t�wnJ w
• tW •• ta�epe •..tw..t AeA.tw.
N4I4I•wu.p0 O/Otauti►„p,
I Spirit Marine Towing & Assistance Centrn�tca AMFan�tr,o covrn,.c,Lw��^�.��I,
P.O. Box 244 a„a.i►lA Bankers b S11i � 1'S jl
Big Pine KeY/ F1 33043
rLwC µe MtDa►Ss OI wcv.t.n �• 1 � �
Professional insUrance .Center, I11C. r""�• I.err C f % I{
2003 W. Kennedy B.1vd.
Crwp.wr U�ur fl 7•
Tampa, Florida 33606
11tit it t0 avrufy Arse irtc Insurance 1 .licics IlstCd WOW It YC Uccn I"tial to ttte inbutcd and are vnl6reed at twi; time. It It sgrCcd time nonC 4::11` a Il
Poliek% sill be esrrct:llyd or chaflmd miituul rmvidin I
f iR 4S Qw>r written nocicc of surlt canccll rNon of cha.;fu w r`'uncue Caunly, 1'lontls.
ra t17Ti11 rrrs or w+sn uNct
fOI1C1rNUAfpCa ►uA Alr tLrnr IGL Gtr t?A1L µA t:.Vti4 LY 1NtrUltiyt�
Gencral lJohiliry
Comntcaw ocnt lal IJobilily
❑ Clalms Mado 0 occurrnce
O Owncc't 4 Conlctclon t mlCClia;
0 X.C.V. GilvCrl gO►
0 twold Form riotrony oamasc
p Inucixndcnt Cunlrtcwrs
❑ Rlankel Cotttractwi
Autontuehc LaLitiry
0 AnyAuru
C MI 4{+ncd Auws
A
M schwul ! Aulm
'
0 Ilirrcd Autos
t�rncral A�fC�titO �
i'rodttcstd:otnl�tOp, s
AL!art , tc
Tatf(4yn�i h AurrniYlnK $
011781914-29-92110-29-9
UAClr tarenrroneo
!
Fire Aan^rtkC r.sr o�. n.►
s
MCJICNW 1'ipcnse
j
o
f10(llly Injury
•I
CUM Ivni&n)
d
(Each Accident)
t+` mfli•ny MmsR0
IWI,'r Injury ttnd J'roperny
t/i-l.nittl C.i..tiLlt elJ
s 500
t tccu tlsbillty Iloctity Injury any
0 iimbeLila Putlll
Pcny AafnJdc
Q Gdrer than umbrella form troCombined
(aCL1410 Kull;
Ci [xe�rrrrnce
workers' Gumltcn>,tlon and
Vl'orkrn' Com nmoi
`iliptoycn• Wulliry
I:m •�tn n' IJ�bUiry
Odor
COnrntonut Alon,t4 C*�ncy. Plv.Ida. and afonfoa County Ilwfd Of COunly COrnmiulonc(f a,C narnrd al addillQn►t Insureds wait
Ocncral Uabi:lry, vchlcra IJapility. ant] 1CarGCrA lJAnillry ►Alitics,
r'•�W w.w r a.V— twr. Cate Luucd t I l U , 1992 —_.,..tr
MOnrCo legeJCounty Author" Rcprctcnlarive,
s/0U College Ao�d A�daw 2003 W. Kel-ul, ysjL �s31
K —Ipcsl.)L )3o+io-15" r. t_. ,101 i �C, Ak
h rcsivM to the
_.-....._ .. -.. ..v. y..—�_,.. •^"!!"• M Yva 1•wvarur M:4i1..Ao.* {� Y,,, ,cniQ.uce, •l.{. ,M.I ••.r Nr•/,.!IM.1,J h Y� tvil,�.• ILM� tMt.M �on,nuu .! I•.wgna 111•.rc4 ,o Y� <,nlwta+e rw�d.r •<,.Ma 1•tlow, rl,i. s.Nfo4 4w rwrl ...•d, avrn) a
a crq .. •t.. wn Ivrt4►.
HAN f MG �00 /N lNyUt�
Spirit Marine mowing & Assistance COMTAr+ny ArrortnJrja covrnnco
P.O. Box 244 C,,.wy,,,,, A British Canpanies --.
Dig Pine Key, rl 33043
V
kMICutOADDtu�aora'c,r.
ProfessiOaa'1 Insurance Center, Inc. ` ".,. •< C __ -,_ . `
2003 W. Kennedy Blvd.Talllpdr
Florida 33606
911is it to certJry fhAt the )nRwrante pouric, I;sled below havo tern iasvctl to the insurCd and arc cnrt�tcetl at rnls time, it it n°fccd that non: or thL�o ,
poliCltlt t++lll t1e ennet led er ch InJ adtlwut pmvid;nµ 45 by?; written noecc nr su<h cancrnarion of ch�nf;c to Ftunrue Cnw tr,) 1ptipa,
_ _
TYrQOtt"viVNCl
—— tOitt77{VNlIGA tgtLtff ,A >A ►OL tlir DA2'tl ALL LNn\ rM 1110U.tABIVS
Otncrsl r]sh:fity
Ccncnt ApSrC1 ato
3
�Q
A
ComntOrC(al Gtncnl ;,lability
M Ctalms Wda �I Octurencc
04Ni1;558-
�
Products.Cornivopn
f
0 OvIAWi dt c.Ontt�etcsts PmiCCtivQ
1332
4-29-9
4-29-93
A tt�atc
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TCr9dnDt !tt AUrrrtifin�
_
)ni,,ry
0 X,C.u. Cuvcnldcc
Mich oeeurreAtvC
: soo
l(3 tfr0,d Form Propotty Damage
Fire Damn c r.,,y onr )or)
i
O )ndcRcndcnl c:antr.,ctoa
McrllcaJ Ilipenttn
;
17 tttnnkct Contracw�t
_
fAny Ong trr.M,
c;; ,.< A,* -�;;".
',�����ff
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AVIGIItubile Usollily
O AnyAutu
(P.och Pcn4m)
f
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Mach Accident)
s
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•
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f
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t':'
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Dotllly I11Fury and
$
Q Otht► U1'rn UmLreltr farfi
troperty Aam.gr
❑ C'laimt Mack
CombinCrl
O Cxcurrence
Workars, COnyKnsadon and
'"'nrkcn CAm nsutnn
Sw utor iI
rinP)oVers, 0ablllly
-�...____._
�__
._-__� hmMoYrrx• IJ�trlllty
f it
,
COnrtftentit Afonr CouAty, Alurfaa, nut) t`fonroe County )Karel Of County Comrnlut4nerf ate I,ameA xf atltS;tlona tyirh mr'lect to the
Qcncnl ilapi'lry, Vahlrte 02WIhY, and t nctwi WhNHy Politics.
MOAM0 County Date hsuttSt
Authoritcd Rcprctcntalive,
$100 cotic&e Aold Art4rcu,,,�
KCy'West, FL 3304043" ��-�� •.�=�+.-r--T r
— Ycic )tOnt1 r
MONROE COUNTY, FLORIDA
XNSURANCE CHECKLIST
FOR
VENDORS SUBMITTING
PROPOSALS FOR
WORK
To assiat in the
COV6rages.m,arked
davOlopfient of your props:snl,
with an "X" will
tho inaurar.re
award is made to
" i'n6deAnce
be requirad
your firm;- Pleura review this
in the avant un
form with your
agent
is also Xequirad
and havc. him sign it in tho
that the bidder
place provided. it
.. .each proposal.
sign the form
.
and submit it with
WORKERS' COMPENSATION -
AND
Lr 1P-LOY=; LIAHT7.Tr+v
Wei �..—.
Workers, Comperisatiol.,
Employers Liability
Statutory Limits
WC2
WCO
Emp.loyers.Liability
$100,000/$200,000
$200,000/$500,•000
C' WOTJSj,H .—.-..,..,
Employers Liability
Y
US Longshoremen &
^
$500, 000/$2 , 000, 000
Same as Employerq l
WCJJ�
Marbor Workers Act
Liability
r'eder4l cones Aot
Salle as Employers,'
WGF£LA
Fedora' Em toyerso,
Liability
Liability Act (rELA)
Liabilitympjpxerg,
INSCRLST
1
An
Inca minimum, the required general iiability coverages will
0 Premineg Cpmrdtions X Products and Completed Operations
o Nl.ankat Gmnt�raotual 0 Persona Injury
o Upnndad Definition •. o Hodical Payments
Of Property Darmago
Required -Limits:
6Ll $100,000 per Person; $300,000 par oacurrsnca
$50,000 Property Damage; $5,000 Mod. Payments
or
$300,000 Combined Single Limit= $5,000 Med.
Pdym3nts
GL2 • $250,000 per Portion
°—^-- � �500,000- pox Occurrence
$50, 000 Property DaMgat $5,000 bind. Pay:zants
or
$50p,000 CoTabirled single LIMit) $5,000 Died.
Paymantp
GL3 $500,000 per Person; $1,000,000 per ooaurrenwa l
$100,000 Property Damages $5,000 Mad. Payments
or
$1,000,000 Cgmi?inod singlo Limit; $5,000 Mad.
Payments
Required indorsement:
GLXCU Undarground, Lxpl onion and Collap,
GLLSQ Liquor Liability
All cndorsoments are required to nave the same limits tz the basic
policy.
G
INSCKLST
2
C
V r.
Aa a minimum, coverage should extand
to liability for:
d
Nonownc'#d; and Uired Vehicles
Madiagl Pnymcnts
Required
Limits:
VLl
$50.,AOo per person; $10o,000 per Occurrence
��— $25,000 Property
Damage; $5,000 Medical, Payments
$100,000 Combined
Payments
or
Singlo Limit) $5,G00 Medical
VL2
$100,000 per Person;
$50,000 Property
$300,000 per ocaurronca
Damtacic; $5,000 rioctiC&j
Payments
•
$300;000 Combined
or
Singlo-Limit, $5,000 MedjCal
Payments
•
VL3
$500,000 per Person; $1,000,000 per OCcurrence
$100, 000 Property Damago l $1.0, 000 Madi.aal
Payment:
C
or
$1,000,000 Gon.*inad Single Limits $10,000"Nedical
Paymanto
Sop, 000 No-) L)/Aed 6 j &e z �
y
BR1
..�..� builders,
Limitsequal, to the ,
rink
completed project. -
MVG
Mator Truck
_ Cargo
Limits Qqual to the maximum
value of any one shipment.
P'R01 • _
PR02
..�---.. proreazlonal
�"•`"" Liability
$500, 000 per occurrence
PRO3
$1OQQOQO
, ,pax Occurrence
$21000,000 per occurrence
POLL•
POL2
roilutio»
�~ Liability
$500,00o Per oovuzrance
POx,3
$1,000,000
$2,000,000 par OCCuxrenca
ED
EA2
Smployed
$100 000
Dishonesty
1200,000
GK2
Oazaga
$ 300,000 ($23,000 per Vch)
'GX3
"" xoopars
$ 500,000 0100,000 per Veh)
$1, 000, 000 0100, 000 por Veh)
YNSCXLST
3'
14SOX
medical
IM2 ��
ArelesAlannl
HID) .�....,,.,
ZF ��,
YtlatallASdn
Floator
V�,Y1
mazardous
VLP2
Cargo
VLP2
DLSr ;.w,.,,,.
�' Wiee Liari.
$ a00,000
11 10000
.lsxinun value or tquipmant
Inbta2lsd
$1000 000 { AOquir&w tars-90 )
'$500,000 (Requires MCS-00)
$1,000,000 (Require& MCS-00y
Maximua Value Of Property
Z have reviewed the above rwquirvment'u witli the binder named "low.
The tallovinq do totiblea apply to the oorrasponainq poli.uy.
POL;CY 4t' DLDVGTII�LlL9
Liability policies are occurronca c� A MaC•
Zer-
Inauranca Agtncy qn turQ
i understand the insuranoo that will be t-endatory it awarded tno
contract and Will comply it full with all tho roquiramonto.
BiAAtr signature
' I?JSCKi,t1' .
4
0