DV091321CONTRACT AGREEMENT
AGREEMENT, MADE THIS day of Seo w 1993, 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 Vessel DV091321. The Florida Marine Patrol report for this vessel is attached hereto
as exhibit A.
2. The work to be performed under the contract shall commence immediately from
the date the Liaison provides the Notice to Proceed and shall be completed by November 15,
1993.
3. If the Notice to Proceed has not been given by the Liaison to the contractor on or
before the 15 day of October ,1993, 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, Boating
Improvement Fund. 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 th(F,�Board tct�nsurg an
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orderly progress to the project. Both the intent and the letter of thd` Specifiations_are
understood by the contractor.
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DV Contract --Page 1
5. The Board shall pay the contractor the total sum of $1,000.00 for the removal and
legal disposal of DV091321 listed as exhibit A. 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 and this Contract. A final 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.
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.
DV Contract --Page 2
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 a 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 DV091321, 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.
13. 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
November 15, 1993 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.
DV Contract --Page 3
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 Contractor will provide General Liability Insurance in the amount of $300,000,
Workers Compensation as required by Chapter 440, Florida Statutes, Jones Act Coverage in
the amount of $500,000, Vessel Insurance in the amount of $500,000, Automobile Insurance
in the amount of $100,000, and Pollution Insurance in the amount of $1,000,000.
16. 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 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.
IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and
year first written above.
BY:
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(Seal)
Attest:
Witness
Witness
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BOARD OF
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Attest: DANNy L. KOLHA(E, CLERK BY:
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FLORIDA, NIARENE PATROL
DISTRICT NINE
2796 OVERSEAS HIGHWAY s= #100
(305) 289-2320
(305) 289-2326
MESSAGE
DATE:
TO:
NUMBER OF PAGES SENT:
(INCLUDING COVER SHEET)
COMMENTS: -,, %s. "al r .>f;g, .
DERELICT VESSEL REMOVAL CONTRACT SPECIFICATIONS
FOR MONROE COUNTY, FLORIDA
1. INTENT: It is intended that these specifications shall cover all aspects of the work with
explicit provisions. 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. BID FORMAT: THE BID MUST BE SUBMITTED ON THE BID RESPONSE FORM
ENCLOSED IN THIS PACKAGE. A dollar amount per foot must be submitted for the
removal of all derelict vessels on the primary list for which a Florida Marine Patrol
Derelict Vessel Report is provided. 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. Not applicable due to emergency contract for removal of one vessel
for less than $10,000
3. PLANS: There are no plans for this project, but copies of the Florida Marine Patrol
Derelict Vessel Report with location sketches have been bound into these documents for
the Contractor's use. The Specifications include 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
Response Form are to be bid upon and subsequently removed.
The County reserves the right to remove any or all vessels from this contract at any time
prior to actual removal from the water and disposition by the Contractor.
The County has a limited amount of money to effect the removal of these abandoned
vessels. We have established priorities based on public safety, navigation and traffic
hazards, and environmental considerations. If bids exceed the County's resources for
removal based on these considerations, we shall limit vessel removal based on these
considerations and cost effectiveness.
4. VESSEL IDENTIFICATION AND LOCATION: Each of the vessels have been given a
derelict vessel identification number, which is shown with the location in the Florida
Marine Patrol Derelict Vessel Report, included herewith.
Each bidder is responsible for his own identification of each derelict vessel as to location,
description and condition. If a Derelict Vessel cannot be (1) located, (2) removed, (3)
verified and (4) disposed of, as specified in these procedures, then no payment will be
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.
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
DV Specs --Page 1
letting, no deviation will be allowed. In case errors or omissions are discovered, they are
to be reported by the Contractor to the County. The County assumes no responsibility
should there be any discrepancies in what is stated in these documents and what the
bidder evaluates.
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 Monroe County Administrator of the
derelict vessel program, 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 two party consent noted in this paragraph. A contractor may suggest a
possible replacement vessel but he may not remove it without the appropriate consent
above.
5. SCOPE OF WORK: The Contractor shall be responsible for providing all permits,
supervision, labor, equipment, tools, fees and taxes required to complete this project to
the satisfaction of the County.
The Contractor's procedure and methods of removal may be of his own selection
provided they secure results which satisfy the requirements of the Specifications and any
necessary environmental permits.
Any vessel which is removed and disposed of shall be removed from its present site in
such a manner as to do the least possible damage to the natural environment 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 to do the least possible
damage.
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.
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
DV Specs --Page 2
representative to verify the vessel and location using the original Derelict Vessel Report
from the Florida Marine Patrol.
6. MATERIALS AND WORKMANSHIP: The Contractor shall provide the necessary materials
and equipment to safely complete the job. The contractor agrees that all work shall be
performed by competent employees who are experienced and qualified to do the work
specified, and that all work will be performed in accordance with the best commercial
practices. A list of equipment to be used and a description of the removal and
transporting procedures to be followed must be provided to the County at the Prework
Conference described below.
Precaution shall be exercised at all times for the protection of persons and property. The
safety provisions of the Occupational Safety and Health Act of 1970 (Public Law 91-
596) and other applicable laws, including building and construction codes shall be
observed. Machinery, equipment and other hazards shall be guarded in accordance with
safety provisions of the "Manual of Accident Prevention in Construction", published by
the Associated General Contractors of America, to the extent that such provisions are
not in contravention of applicable law.
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.
Use of explosives is discouraged in carrying out the project. No blasting with explosives
shall be done except under prior approval by the County and as permitted by all relevant
government agencies such as the Department of Natural Resources, Department of
Environmental Regulation, U. S. Army Corps of Engineers, U.S. Fish and Wildlife Service
and the U. S. 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 assume
all responsibility for damages caused by explosives.
7. ASSIGNMENT OF CONTRACT AND SUBCONTRACTS: It is expressly understood that
the Contractor is in all respects an independent Contractor for this work, not
withstanding under certain conditions he is bound to follow the directions of the County,
and is in no respect an agent, servant, or employee of the County. Neither the Contract,
nor any part thereof, nor any monies due or to become due thereunder, may be assigned
by the Contractor without the prior written approval of the County.
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.
DV Specs --Page 3
Nothing contained in the Contract Documents shall create any contractual relations
between any subcontractor and the County. All subcontractors shall abide by the terms,
conditions, and requirements of this Contract. It is the responsibility of the Contractor
to pay all debt obligations incurred with subcontractors in an expedient manner.
8. LEGAL RESTRICTIONS, PERMITS AND TRAFFIC PROVISIONS: The Contractor shall
comply with all applicable local, State and Federal requirements pertaining to the terms
of this Contract. The Contractor will be responsible for obtaining, at his own expense,
any licenses or permits that may be required and should inquire about permit
requirements with the appropriate agencies. The Contractor shall comply with all the
requirements of the Federal Pollution Control Act.
The Contractor shall conduct his operations so that he shall not close any thoroughfare
nor interfere in any way with traffic on highways, or on water, without the written
consent of the proper authorities. Work shall be done at any time that shall not interrupt
or disturb members of the public. Consideration should be given at all times to the
welfare of the public.
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 Florida Marine Patrol should be contacted to initiate eviction proceedings for
contracted derelict vessels which are inhabited at the time of removal and when another
vessel is too close to the contracted derelict vessel to allow safe operations. Direct
confrontations with other boaters should be avoided and the Florida Marine Patrol should
be contacted immediately if such confrontations may result from removal of any
contracted derelict vessels.
9. INSURANCE: The Contractor must obtain all insurance required by the County and
submit proof of same to the County prior to acceptance of bid and contract approval by
Board of County Commissioners but no later than five working days after notice of low
bidder. All insurance shall be maintained until work has been completed and accepted
by the County.
The Contractor shall furnish the following certificates of insurance for review by the
County's Risk Management Division:
Certificate(s) of Insurance which clearly indicates that he has obtained the insurance
coverage required in paragraphs a,b,c and d below.
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.
DV Specs --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. Pollution Liability Insurance in the amount of $500,000.00.
d. Water Craft Liability Insurance in the amount of $500,000.00.
e. Automobile Liability Insurance covering all owned, non -owned and hired vehicles
used in connection with the work, in an amount not less than $300,000.00 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. A Monroe County Insurance Checklist
and Monroe County Certificate of Insurance is enclosed for your convenience.
10. COMMENCEMENT, DELAYS AND COMPLETION OF WORK: After receiving Board of
County Commission approval of the Contract, and after reconciliation of any details or
conditions which may directly or indirectly interfere 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 unforeseeable 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.
c. To any delays of subcontractors or suppliers occasioned by any of the causes
specified in subparagraphs (a) and (b) above.
DV Specs --Page 5
Provided further that the Contractor shall within ten (10) days from the beginning of
such delay notify the County, in writing, of the causes of the delay. The County
representative will ascertain the facts and the extent of the delay and notify the
Contractor within a reasonable time of 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.
11. CHANGES AND INSPECTION: The vessels herein considered are to be removed for the
County by the Contractor in accordance with the Specifications. The County may give
instructions or directions to supplement the Specifications. These shall be binding upon
the Contractor and upon all his subcontractors, employees and agents of every kind.
All work and every process and operation shall be subject to inspection at all times, and
the County and their representatives shall have free access to all aspects of the work.
The Contractor shall remove and make good, as may be directed, without charge, any
defective work. Oversight or error of judgement of inspectors, or previous acceptance,
shall not relieve the Contractor from the obligation to make good any defect whenever
discovered.
The right is reserved to change the Specifications consistent with regard to the general
intention of the Contract for any part of the work or materials, either before or after work
has begun. Notice of such changes shall be given in writing to the Contractor; such
changes are not to be grounds for any claim by the Contractor for damages, nor for the
forfeiture of the Contract. It is possible that a Derelict Vessel could disappear between
the time of inspection by the contractor and the actual effort to remove it. No payment
will be forthcoming in this case.
Except when otherwise specified, the expense of all tests requested by the County will
be borne by the County.
12. AUDIT RIGHTS: As a provision of the grant from the State of Florida to the County, and
if so requested by the State, the successful bidder agrees to provide access to all records
and allow the audit of any books, documents and papers related to this project for a
period of up to one year during and after termination of the contract.
13. CONTRACT AWARD: The County reserves the right to evaluate the submitted bids to
award a contract to the bidders submitting the lowest per foot bid for 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, up to the limit of available funds.
DV Specs --Page 6
The vessels are to be removed in the order listed and the per foot bid estimate should
reflect this removal order. The actual number of vessels to be removed will depend on
the accepted per foot bid price and the available funds.
14. PREWORK CONFERENCE: A meeting will be necessary involving a representative of the
County, the Contractor and other parties with direct involvement prior to the signing of
the contract. The time and place of this Conference will be set by the County
representative. At this time the Contractor shall provide the County with a schedule as
to the order in which he proposes to remove the vessels awarded to him.
15. CONTRACT SECURITY: The Contractor agrees to execute and deliver simultaneously
with the executed contract, a Contractor's Performance and Payment Bond. The
contractor is expected to act and deliver in good faith all work, at the agreed price, in the
allowed time. Failure to do so, could jeopardize the contractor's reputation with the
County and potentially influence any future contracts with Monroe County.
16. EXECUTION OF CONTRACT DOCUMENTS: Due to the time frame involved with this
project, the Contractor upon notification that he is to be awarded the contract
documents for execution, shall return said documents properly executed along with 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.
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.
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. 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 in the Contract. Liquidated damages are accumulative.
17. 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. For Contracts wherein a specified number
of days for completion is stated in the Contract, the effective date of the "Notice to
Proceed with Contract Work" will establish the "beginning date" of the project.
18. TERMINATION OF CONTRACT: This Contract may be terminated by the County, giving
up to ten (10) days written notice to the Contractor; said notice shall be sufficient if
delivered to the party personally or mailed by certified mail to his mailing address as
specified on the accepted Bid.
DV Specs --Page 7
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 the period specified in 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.
19. FINAL CLEAN-UP: Upon completion of the work specified herein and before acceptance
and final payment shall be made, the Contractor shall remove from the sites all
machinery, equipment, surplus and discarded materials and temporary structures. All
disposal of materials, rubbish and debris shall be made at a legal disposal site.
20. DISPOSAL SITES AND FEES: Contractor is responsible for disposal of all derelict vessels
included in this contract and must make arrangements for legal disposal. It is the
responsibility of the Contractor to pay all disposal fees incurred, and such removal related
costs should be considered when bidding on this contract.
The Contractor will deliver the derelict 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. It is the intent of this contract to remove derelict vessels from their
present sites a legal disposal site. Upon receipt of vessels at the landfill. They must be
disposed of immediately.
A legal disposal site is either the Long Key Landfill -Monroe County, MM 68 1 /2, Long
Key, Florida 33001, 305-664-9315, other landfills in neighboring counties or any other
location for disposal as long as the FDNR Disposition Certification Form (attached) is fully
documented. If a signature cannot be obtained on Florida Department of Natural
Resources Disposition Certification, the Contractor must contact County Representative
for written approval and instructions.
21. PROOF OF PROPER DISPOSAL AND NOTIFICATION TO MARINE PATROL: Contractor
must submit prior to receiving any payment: A receipt for each vessel including the date
of disposal, the Florida Marine Patrol Derelict Vessel Number, disposal site location, and
the telephone number, title, and signature of person at disposal site verifying delivery of
said derelict vessel. A County Disposition Affidavit is also required to be signed by the
Contractor. If vessel is not identifiable and/or if the derelict vessel number is not visible.
Recipient of debris should provide detailed receipt showing type and description of debris
received. If person delivering vessel to disposal site is other than contractor a written
DV Specs --Page 8
statement with a description of what type of debris was transported, dates, times, name,
address, and phone number of site.
In addition to the above information, Contractor must submit three pictures of each
vessel removed. The first photograph must be of the vessel at the current location prior
to removal, the second photograph must be of the vessel after removal but in the same
general area preferably while in tow, and the third photograph must be of the vessel at
the disposal site with sufficient background to depict location of disposal (i.e., building
or sign identifying disposal site). The derelict vessel number, when present, must
appear in all photographs.
The Contractor will be responsible for the camera, film, and development costs. The
photographs should be taken with a Polaroid camera that provides instant photos since
this minimizes loss of documentation due to camera malfunction or loss overboard. This
camera and film must be provided by the Contractor. The photos must be submitted on
a vessel by vessel basis according to removal schedule. Without photos to document
the removal and disposal of the contracted vessels final payment can not be assured.
The Contractor must notify the Florida Marine Patrol and the County Representative in
writing as to the work schedule of removal. This should be done after the prework
conference with the County representative. Notification is to be made before doing any
work on each vessel. This multiparty communication for each Derelict Vessel is a
requirement of the contract.
22. PAYMENT: All payments for the removal and disposal of each vessel, shall be for the
performance of the work as stipulated in these specifications and associated contractual
documents. The unit rate of bid shall be totally inclusive for all phases of the operation.
Contractor may request four partial payments by submitting an invoice for the number
of vessels removed up to the date of the invoice, providing the Contract agreement does
not explicitly prohibit partial payment. Contractor must submit complete documentation,
including the required photographs, disposal receipts, signed DNR Disposition
Certification form, a County Disposition Affidavit for the vessels for which payment is
being requested.
The contractor understands and agrees that no payment will be forthcoming for the
removal and disposal of any derelict vessel (1) not listed on this contract nor (2) for any
derelict vessel on this Contract for which a written certification verifying the removal of
the subject vessel has not been obtained from the Florida Marine Patrol and a
representative of the disposal site at the time of delivery.
A Florida Marine Patrol officer must certify the complete removal of each derelict vessel
from its location and any equipment that may have been used to remove the vessel. No
payment will be made without the Florida Marine Patrol verification.
In addition, 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 final payment for
contracted work.
DV Specs --Page 9
23. PUBLIC ENTITY CRIMES: Upon entering into the contract, the Contractor agrees to sign
and endorse the Public Entity Crimes form (attached).
24. NON -COLLUSION AFFIDAVIT: Upon entering into the contract, the Contractor agrees
to sign and endorse the Non -Collusion Affidavit form (attached).
25. DERELICT VESSELS AT ISSUE: The derelict vessels listed on the Derelict Vessel Bid
Response Form shall be removed and disposed of by the Contractor in accordance with
the provisions of these Specifications.
H:\A\BIF-DV\DV-1993\SPECS.NEW
DV Specs --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 st .tinted to / e, ee— 'e",��
L [print name of the public entity]
by���� - / a 4✓T� r
[print individual's name and title] _
for -%3/ �01 A/✓evo/ A5,-'c��
[print name of entity submitting sworn statement]
whose business address is
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(l)(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, racketeerink, conspiracy, or material misrepresentation.
3. I understand that"convicted" or "conviction" as defined in Paragraph 287.133(l)(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 polo contendere.
4. I understand that an "affiliate" as defined in Paragraph 287.133(l)(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 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(l)(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.
6. Based on information and belief, the statement which I have marked below is true in relation to the entity
subm' sng this sworn statement. [Indicate which statement applies.]
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, nor any of its officers, directors, exectutives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, nor 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 THATTHE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FORTHE PUBLIC
ENTITY IDENTIFIED ON PARAGRAPH 1(ONE) ABOVE IS FORTHAT PUBLIC ENTITY ONLY AND, THATTHIS
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 THISYORM.
Sworn to and subscribed before me this /— day of f� , 19✓
Personally known
OR Produced identification Notary Public - State of
(Type of identification)
My Commission expires Notnry P r61i , tfnfo of Florida
My Commission Expires March 24, 1995
Bonded Thru Troy Fain • Insurance Inc.
(Printed typed or stamped
commissioned name of notary public)
,e,-' "/.ram �3/'V��0
Form PUR 7068 (Rev. 06/11/92)
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
CLAUSE
ETHICS C L
/ %�/,.J/'g��✓F f!Sswarrants that he/it has not employed,
retained or otherwise had act on his/its behalf any former County officer
or employee in violation of Section 2 of Ordinance No. 10-1990 or any
County officer or employee in violation of Section 3 of Ordinance No.
10-1990. For breach or violation of this provision the County may, in
its discretion, terminate this contract without liability and may also,
in its discretion, deduct from the contract or purchase price, or
otherwise recover, the full amount of any fee, commission, percentage,
gift, or consideration paid to the f rmeir Coun y f iicce-r or employee.
C ( gnature)
Date --
STATE OF `4
COUNTY OF '6 i✓�� F
Subscribed and sworn to (or affirmed) before
me on cl — 45-- (date) by
( name of of f iant) .
He/She is personally known to me or has produced
as identification.
( type of identification)
Notary Public, State of Florida
My Commission Expires March 24, 1"S NOTARY PUBLI C
Bonded Thru Troy Fain • Insurance Inc, Ze
MCP#4 REV. 2/92
DRUG -FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute
287.087 hereby certifies that:
(Name of Business)
1. Publish a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for
violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the
workplace, the business's policy of maintaining a drug -free
workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be
imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or
contractual services that are under bid a copy of the statement
specified in subsection (1).
4. In the statement specified in subsection (1), notify the
employees that, as a condition of working on the commodities or
contractual services that are tinder bid, the employee will abide
by the terms of the statement and will notify the employer of
any conviction of, or.plea of guilty or nolo contendere to, any
violation of Chapter 893 (Florida Statutes) or of any controlled
substance law of the United States or any state, for a violation
occuring in the workplace no later than five (5) days after such
conviction.
5. Impose a sanction on, or require the satisfactory
participation in a drug abuse assistance or rehabilitation
program if such is available in the employee's community, or any
employee who is so convicted.
6. Make a good faith effort to contirnie to maintain a
drug -free workplace through implementation of this section.
As the person authorized to sign the statement, I certify that
this firm complie's fully with the above requiremei s.
dders Si. n ture
MCP#5 REV. 6/91
of
NON -COLLUSION AFFIDAVIT
of the ei-ty—
my oath, and
under penalty of perjury, depose and say that;
1) I am WE- 4 , the bidder
making the Proposal for the project described as follows:
according to law on
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.
ZZ
.Signature(of Bidder)
STATE OF %��' ��'¢
2Z/yh_3
COUNTY OF DATE
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being swor by me,
name of .individual signing )--��5o„iy/y /��•d�„��
affixed his/her signature in the space provided above on this
�-� day of 19
My commission expires: NOTARY PUBLIC /
Notary Public, State of Florida
My Commission Expires March 24, 1995
Bonded Thru Troy Fain • Insurance Inc.
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c:eneral Ulhllhr, Velllcle l.bhllhy, 1'nd mccw Uahlll� ialklel.
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t1000ot'4trchoad mid(ml 14813 Turner oa Tam a F�
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THIS CRRTIF7CATE 1 ISSUSD AS A MATTER or iN%ORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. T1AS CERTInCATt
DOES NOT AMEND, ZXTI I) OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BZLOW,
PROFESSIONAL INSURANCE CENTER
COMPAN'IBS AFFORDING COVERAGE
2003 W KENNEDY
TAMPA FL 33606
ANY A
COMrAMY B
BANKERS. i SHIPP.ERS. ..... .
LETiia C
8EA TOW FL KEYS
PO BOX 244
„ D
BIC DINE KEY FL 33043
_ ... _ _ .... .
L° rrt E
7Wt n TO CSIRMY THAT WE MWRRA nF TwitraAmm IIrTM REM NAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTW[THSTAKDINQ ANY R2QUIR'+1t WT, TERM OR CONDMON OF ANY wmAcT OR OTHER DOC kWT WITH RWFICT TO WHICH THIS
CE rMCATB MAY BE ASUBD OR MAY PERTAIN, THE INSURANCE AFFORD® BY TAB FOUCIES DESCRIBED HEREIN 11 SUBJECT 10 ALL THE TERMS,
RMUSIONS ANTI mxnMf)NS AF SUCH 1101.1011. LIUM SHOWN MAY HAVE BEEN REDUCED BY FAiD CLAIMS,
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CANCELLATION,
SHOULD ANY OF TNa ABOVE DBSCIUMW ACLIClU to CANCELLED Blim" TNf
EXPIRATION DATE THERBOP. TH3 ISSUIN CO ANY WILL ENDEAVOR TO
XONROE COUNTY BOARD OF COMM
WWL 10 DAY$ WWTTi1iN N097c1: To THt TV NOLDSM NA180 W THt
ATTN : KIM BLANCO
UWT, auT FAILURE TO 1WL H n B OSUOATION OR
5100 COLLEGE AD
LiA uTy or ANY ruND uroN a 17. o OR IWTA11VO
KEY WEST FL 33040
Avrmna= Uftli "ATTVi
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DEBRA SULK MADI C
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CERTIFICATE OF INSURANCE ISSUE DATE (MM /YY)
3/26/93
PRODUCER
Brisotti & Silkworth, Inc.
Main Road, Box 1448
Mattituck, NY 11952
INSURED
Spirit Marine Towing & Assistance
1501 W. Indies Drive
Ramrod Key, FL • 33043
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
COMPANIES AFFORDING COVERAGE
COMPANY A
LETTER New Hampshire Group
COMPANY B
LETTER
COMPANY C
LETTER D
COMPANY D
LETTER Q w a
COMPANY E /j, n 1 •� .
LETTER % I
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
TA DATE (MM/DD/YY) DATE (MM/DD/YY)
r
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE OCCUR. CV8261122 1/ 1/ 9 3
OWNER'S i CONTRACTOR'S PROT. Cert 25
A X Protection &
Indemnity includes Captain & Crew
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS n / a
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
GARAGE LIABILITY
i EXCESS LIABILITY
UMBRELLA FORM n / a
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION
A JonaeDAct CV8261122
EMPLOYERS' LIABILITY C e r t 25
OTHER
A Pollution Liability CV8261122
GENERAL AGGREGATE f n / a
PRODUCTS-COMP/OP AGG. f n / a
1 / 1 / 9 4 PERSONAL & ADV. INJURY f n / ii
EACH OCCURRENCE $ 1, 0 0 0, 0 0 0
FIRE DAMAGE (Any one lire) f n / a
MED. EXPENSE (Any one pawn) f n / a
COMBINED SINGLE f
LIMIT
BODILY INJURY f
(Per person)
BODILY INJURY f
(Per accident)
PROPERTY DAMAGE f
EACH OCCURRENCE f
AGGREGATE f
X STATUTORY LIMITS
1/ 1/ 9 3 1/ 1/ 9 4 EACH ACCIDENT :
DISEASE —POLICY LIMIT f
DISEASE —EACH EMPLOYEE f
1/1/93 1/l/94 Limit $500,000.
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIALITEMS Monroe County, Florida and Monroe County Board of
County Commissioners are named as Additional Insured with respect to the
Protection & Indemnity and Pollution liability coverages.
CERTIFICATE HOLDER CANCELLATION
Monroe County Board of County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
iCommissioners,c/o Extension Service EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
,:Attn: Kim Blanco MAIL -A-5- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
15100 Collage Road LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
Key West, FL 33040 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
Daniel V Brisotti
ACORD 25-S (7/90) CACOR CORPORATION 1990