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Regulatory Signs, Summerland Key Cove4 ~ . 04 DRAFT CONTRACT AGREEMENT AGREEMENT, MADE THIS day of 1994, by and between, Spirit Marine Towing & ("Contractor"), and the BOARD OF COUNTY COMMISSIONERS OF MONROE Assistance 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 installation of regulatory signs in Summerland Key Cove. A list of aids to navigation under this -contract 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 July 30, 1994. 3. If the Notice to Proceed has not been given by the Liaison to the contractor on or4efore the 22 day of April ,1994, then this Agreement shall be null and voidz t ^� 4. The work to be performed under the contract is contingent upon a 9 p ppr3val of Upropdate grant monies from the State Department of Natural Resources, Boating Improvement Fi n21. If thi2&grantit denied, this Agreement shall be null and void. The contractor understands the rules of the Deparf!�Ient of Natural Resources and shall comply with said rules, along with the rules and procedures instituted by the Board to ensure an orderly progress to the project. 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 $8,900.00 for the installation of all 9 aids to navigation and associated signage listed in 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 (attached as Exhibit B) and this contract. One partial payment will be allowed during the contract period. A final payment will be made when all of the work under the contract is complete. Contract --Page 1 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 two (2) photographs of each completed aid to navigation listed in this contract The contractor will be responsible for the camera, film, and development costs. 10. 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 initiation of work. 11. The parties agree that timely performance of this agreement is essential. Therefore, the parties agree that the contractor shall be liable to the Board for $100 per day of liquidated damages for each day after July 30, 1994 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. 12. 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. 13. The Contractor will provide general liability insurance in the amount of $500,000.00, workers compensation in the amount of $500,000.00, vessel insurance in the amount of $500,000.00, automobile insurance in the amount of $300,000, and Watercraft Liability in the amount of $500,000.00. 14. The Board may terminate this agreement 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. Contract --Page 2 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 Agreem t the day and year first written above. BY: z 0 ' � (Seal) Attest: Witness Witness i (Seal) DAMNy L. KOI*HAGE, CleIk Attest: Title (q a 4I (,� Firm S BOARD OF UNTY COMMISSIONERS OF MONROE COUNTY, PeO IDA BY: Contract --Page 3 Mayor/Chairman APPROV-'D AS 7-- 0 1. E L - f3 IATTACHMENT 1i GEOGRAPHICAL DESCRIPTION OF SUMMERLAND COVE IDLE SPEED/NO WAKE BOATING RESTRICTED AREA A description of the SUMMERLAND COVE Idle Speed/No Wake boating restricted area, with latitudes and longitudes and a corresponding chart depicting area to be included in the Idle Speed/No Wake boating restricted area is contained herein. The Idle Speed/No Wake Zone signs will be placed at the boundary points labeled 1-9 with signage facing oncoming boaters within the affected channel. The boating restricted area generally runs, from west to east, going southeasterly from points 1 to 4, then south -southeasterly to point 5, then southwesterly to point 6, then south -southeasterly to points 7, 8 and 9. Bnunrlary Inrth Wopt nictanrn frnm f)irartinn cinnc W1In I ri8of Point Latitude Longitude Previous Point Face Signage 1 a 240 39.40' 810 27.21' --- West Idle Speed/No Wake lb .240 39.40' 810 27.21' 50 feet East Resume Normal/Safe Operation 2a 240 39.37' 810 27.03' 1000 feet West Idle Speed/No Wake 2b 240 39.37' 810 27.03' 1000 feet East Idle Speed/No Wake 3a 240 39.31' 810 26.90' 1000 feet Northwest Idle Speed/No Wake 3b 240 39.31' 810 26.90' 1000 feet Southeast Idle Speed/No Wake 4a 240 39.17' 810 26.76' 1200 feet Northwest Idle Speed/No Wake 4b 240 39.17' 810 26.76' 1200 feet Southeast Idle Speed/No Wake 5a 240 39.12' 810 26.65' 540 feet North -Northwest Idle Speed/No Wake 5b 240 39.12' 810 26.65' 540 feet South -Southeast Idle Speed/No Wake 6a 240 38.95' 810 26.79' 1000 feet Northeast Idle Speed/No Wake 6b 240 38.95' 810 26.79' 1000 feet Southwest Idle Speed/No Wake 7a 240 38.89' 810 26.76' 600 feet Northeast Idle Speed/No Wake 7b 240 38.89' 810 26.76' 600 feet Southwest Idle Speed/No Wake 8a 240 38.86' 810 26.75' 100 feet Northeast Resume Normal/Safe Operation 8b 240 38.86' 810 26.75' 100 feet Southwest Idle Speed/No Wake 9a 240 38.71' 810 26.70' 880 feet North-northwest Resume Normal/Safe Operation 9b 240 38.71' 810 26.70' 880 feet South -Southeast Idle Speed/No Wake GENERAL CONTRACT SPECIFICATIONS FOR INSTALLATION OF AIDS TO NAVIGATION AND REGULATORY SIGNS 1. 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 installation may be of his own selection provided they secure results which satisfy the requirements of these Specifications and any necessary environmental permits. 2. 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 installation 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. 3. 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. 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. 4. 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 Gen. Specs. --Pagel 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. 5. INSURANCE: The Contractor must obtain all insurance required by the County and submit proof of same to the County prior 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 (Attached): Certificates of Insurance provide proof that the Contractor has obtained the insurance coverage required in paragraphs a,b,c,d, and a 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 in the amount of $500,000.00. 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. Water Craft Liability Insurance in the amount of $500,000.00. d. 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. 6. 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 Gen. Specs.--Page2 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. 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. 7. CHANGES AND INSPECTION: The aids to navigation herein considered are to be installed 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. Except when otherwise specified, the expense of all tests requested by the County will be borne by the County. Gen. Specs.--Page3 8% 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. 9. CONTRACT AWARD: The County reserves the right to evaluate the submitted bids and to award a contract to a bidder other than the bidder submitting the lowest bid. 10. 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 install the listed aids to navigation. 12. 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. 13. 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. 14. TERMINATION OF CONTRACT: This Contract may be terminated by the County, without cause, 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. 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. Gen. Specs.--Page4 16. CERTIFICATION: Bidder must also certify, upon completion of the project, all installations were in accordance with these specifications, the Florida Department of Environmental Protection Marine Patrol, and the Coast Guard permit requirements as specified in the "Specifications for the Installation of Aids to Navigation.." and associated attachments. 17. PAYMENT: Contractor may request one partial payment by submitting an invoice and appropriate documentation that at least half (13) aids to navigation have been properly installed, providing the Contract agreement does not explicitly prohibit partial payment. Contractor must submit complete documentation, including the required photographs for the work for which payment is being requested. The Contractor must provide transportation, upon request by the County representative, to the installation site for review of work either in progress or completed. 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 prior to final payment for contracted work. 18. PUBLIC ENTITY CRIMES: Acceptance of the Bid is contingent upon receipt of the signed and endorsed Public Entity Crimes form (attached). 19. NON -COLLUSION AFFIDAVIT: Acceptance of the Bid is contingent upon receipt of the signed and endorsed Non -Collusion Affidavit form (attached). 20. ETHICS CLAUSE: Acceptance of the Bid is contingent upon receipt of the signed and endorsed Ethics Clause form (attached). 21. DRUG FREE WORK PLACE FORM: Acceptance of the Bid is contingent upon receipt of the signed Drug Free Work Place form (attached). Gen. Specs.--Page5 SPECIFICATIONS FOR THE INSTALLATION OF REGULATORY SIGNS IN SUMMERLAND COVE, MONROE COUNTY, FLORIDA Sealed bids will be received by the Board of County Commissioners, Monroe County, Key West, Florida. All bids will be opened at a meeting between the County Attorney, County Administrator, Clerk of Courts, and Extension Director, or their representatives, for the above referenced project. Specifications for installation of treated wood piles complete with U.S. Coast Guard approved Daybeacons, in the locations indicated are in the enclosed materials (Attachment 2). A. DAYBEACON PILES: 1. Pile shall be of timber treated with chromated copper aresenate (C.C.A.). 2. Pile shall be of timber which will stand the driving for which they are intended. 3. A straight line drawn from the center of the butt to the center of the tip shall not at any point face further away from center of the pile than a distance equal to 1 % of the length of the pile. 4. Minimum butt diameter = 12" measured 3' from end. Minimum tip diameter = 8". 5. Piles to be sufficient length to provide a minimum of four feet penetration into existing sea floor and the base of the regulatory signs must be two feet above mean high water. 6. Pile shall be driven or best installation practices used. 7. Piles shall be located exactly as indicated by the Monroe County Marine Resources Division. Prior to pile installation the County will install temporary markers to provide the correct location. Contractor must coordinate their installation schedule with the County. B. DAYBEACONS: Daybeacons to be constructed and erected as indicated on the enclosed sketches and documents. There are two regulatory signs per daybeacon. 1 • Construct all pilings and daybeacons as noted on enclosed Florida Department of Environmental Protection and U.S. Coast Guard permits and specifications (Attachments 1 & 2). There are 9 single piles. Nay.Aids Specs. --Pagel 2. Each regulatory sign must be 36" in length and 30" in height, rectangular in dimension (see Attachment 2 (USCG Regulation and Information Supplement) for lettering and border details). Regulatory sign coloration requirements are black lettering on a white background with an orange reflective border 2" in width. Permit number 93-064 and the Monroe County ordinance number 022-1993 numbers must be displayed in black block characters measuring at least one inch in height, as indicated on the Resume Normal/ Safe Operation sign in Attacment 2. The contractor must consult with the County or its representative for guidance on this if any aspect of these specifications are in doubt. Nay.Aids Specs.--Page2 .SEVENTH COAST GUARD DISTRICT PRIVATE AIDS TO NAVIGATION STANDARDS DAYBEACONS (UNLIGHTED BEACONS) AND LIGHTS (LIGHTED BEACONS) (REGULATION AND INFORMATION SUPPLEMENT) SHAPE: Regulation and information dayboards may be square or rectangular with the appropriate symbol. However, dayboards signifying danger should have a diamond shape. COLOR OF DAYBOARDS: Regulation and information dayboards are white, lettering is black, and the geometric symbols or borders are orange. CHARACTERS: Regulation and information dayboards have orange geometric symbols with the following meanings: Vertical open faced diamond- danger. "Danger" may be placed inside the diamond with informational words above and below it. Vertical diamond with a cross centered within - Vessels excluded from marked area. Explanation may be placed outside the crossed diamond. Circle - Operating restrictions (e.g. no wake, speed limit, etc.). The primary restriction may be placed in the circle with explanation outside. See "DIMENSIONS" for the correct size and spacing of symbols and wording on dayboards. iETROREFr,R(`TIVE MATERIALS Retroreflective geometric symbols or borders, although Optional, should be used on dayboards. The signal characteristics of paint are relatively poor, but the use of paint is not prohibited. DIMENSIONS: DAYBOARDS: The minimum acceptable dimensions are for a nominal (visual) range of 1/2 nautical mile (nmi). Applicants may establish larger sizes if they wish. Geometric symbols are centered on dayboards and sized to come within two line widths (see "Geometric Shape Line Widths' on next page) of each edge of the d jybe<3con _ Optiona] retror e f] c'ctj.ve geometric symbols and Lorders rjre cnc;c�uia<�ed_ A1.1 are in inches. EXCLUSION( AREAS AttO OPERATING RESTRICTIONS IM MAL TYPE SIZE RAWIE DAy80Afa LETTER S 1 zE MO(U GEONETR 1 C restriction) (not) (POSIT(ONINB SKAPE LINE (explanation) M (D TF/ 1/2 Square side IMflth-18 4 2• Restrictions are 1.5 C::: Square side length-36 6 c*ntKad on the 3 horizontal axis. 2 2 Square side longth-48 a 4 Explanations 3 3 Squ" side IM9M-72 t0 are 2 line widths s from the dayboard 4 base, evenly Spaced between symbol and dayboard edge, There are no fasteningsURor:designs for structurred,dimensions, materials, ind associated lights. No height aboveemeanphigh iwateryisards mandated. Permittees should insure all aids to navigation are established consistant with prudent,sound engineering practice and the harsh nature of the marine environment. The general reference and should be modified otoosuit the wing tches are for circumstances. SLOW SPEED MINIMUM WAKE Permit No: 93-064 Co. Ord. 022-1993 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 / [print name of the public entity] [print individ—ual/'ss name and title] fore' [print name of entity submitting sworn statement] whose business address is V 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 pf any other state or of the United States and involving antitrust, fraud,.theft, bribery, collusion, racketeerini, 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 nolo 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 subiptting this sworn statement. [Indicate which statement applies.] 21 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, 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. ature] Sworn to and subscribed before me this day of � Personally known OR Produced identification Notary Public -State of Notary Public, State of Florida My Commission expires 1Nr Commission Expires 67arch 24, 1445 (Type of identification) Bonded "ru Troy Fain • Insurance Inc. �p %f. i9 � • i9'e;'-+ e (Printed typed or stamped commissioned name of notary public) Form PUR 7068 (Rev. 06/11/92) NON -COLLUSION AFFIDAVIT 'Gdv1%` `1 of the -el-t� of /�G/✓/30according to law on my oath, and under penalty of perjury, depose and say that; 1) I am �^ i Pl' / //'2f' ���cr , the bidder making the Proposal for the project 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. ( ignature of Bidder ) STATE OF �� � � �� Aby COUNTY OF DATE PERSONALLY_ �APPEARED BEFORE 1 the undersigned authority, who, after first being sworn by me, ( ame of individual signing) affixed his/her signature in the space provided above on this day of 7-re-19 9 PUB My commission expires: NOTARY LIC 0"-Wd iry outr,C, vf6 et FlorIitt— My Commissio a Expires : M Lh 24, 1145 bonded Thru Troy fan • Insurance Inc. DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: fl Iti �a/'�K.Q..,— di n (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 under 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 continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above rq�oirements. Bidders Signature _aTil-W Date MCP#5 REV. 6/91 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE warrants 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 former ounty o ce or employee. si nature) Date:— 3/9 &Y STATE OF �/ %�� ,ri9 COUNTY OF Subscribed and sworn to (or affirmed) before me on ����' l ` / �� (date) by ��•9yo' �o^����� (name of affiant). He/She is personally known to me or has produced (type of identification) My commisy pub le Sfafe of miuio� fz florfd 6ondad 7hN 7ro Pta es f"a►ah a 4. ?4 19;t MCP#4 REV. 2/92 as identification. NOTARY PUBLIC to j3. i! X • ,-Z 5Z e4 i A�.111:10. CERTIFICATE OF INSURANCE - DATEtMMDD�Y, PRODUCER -"CERTIFICATE is TSSU AS A MATTER OF INFORMATION -ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Main Road, Box 1448 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Mat t it uck NY 11952 COMPANIES AFFORDING COVERAGE COMAPANY New Hampshire COMPANY Spirit Marine Towing & Assistance I B dba Sea Tow Florida Keys COMPANY pi 1501 W. Indies Drive C Ramrod Key, FL 33043 i COMPANY D • ._x ...., t `d'i� • ; _. w 'E%ru'#a3 �7•a ,-.. .`^'t -.^-. ..- .}'- .. -": :'=.'6:.?3'-'`adw .,...:. : ...: • x.:.." .- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A VE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENI 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.TPOLICY EFFECTIVE POLICY(EXPIRATION I TYPE OF INSURANCE I I LIMITS POLICY NUMBER DATE (MM/DD/YY DATE MM/DD/YY) I ^x I ! I GENERAL AGGREGATE COMMERCIAL GENERAL LIABILITY I CLAIMS MADE❑ OCCUR PRODUCTS COMP/OP AGG $ n a PERSONAL S ADV INJURY $ 4jNER'S n1 1I CONT PROT i CV8261122 �~ 9/ 15 / 9 3 !:9/15/94 E�CCURRENCE - $ 1 0 0 O, O O O I �EDAMAGE Cert 25 AA Protection An one fire ( y ) $ Indemnit - ncludes Captain & Crelw i MED EXP (Any one person) $ n/ AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT i $ ALL OWNED AUTOS I { n / a !SCHEDULED AUTOS O HIRED AUTOS t -- iNON -OWNED AUTOS � - , RISC( MANA �1 v 80 ILD Y INJURY $ (Per person) BODILYURY $ (Per acmlem) - _. - - --- — DATE I PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT ' $ I !! ANY AUTO I n / a wm IV �' C, OTHER THAN AUTO ONLY: - - 1 i I f �-� -- _-- ----------_ ; EACH ACCIDENT i 1 I i AGGREGATEt$ ' 1 EACH OCCURRENCE 1 $ I UMBRELLA FORM ! ( AGGREGATE $ — i OTHER THAN UMBRELLA FORM i �— i $ wON(O1si 00I1PENSAi10N AND i (B Jonne61181 s�Act _ CV8261122 I 9/ 15/93 9/15/94 STATUTORY LIMITS w -- EACH ACCIDENT 1 s THE PROPRIETOR/I I INCL PARTNERS(EXECUTIVE Cert 25 I ! DISEASE - POLICY LIMIT S DISEASE - EACH EMPLOY EEEE $ OFFICERS ARE f _ EXCL, _ I � Pollution CV8261122 19/15/93! 9/15/94 Limit $500,000 Liability Cert 25 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. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Monroe County Board of County EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Commissioners , c /o Extension Service 4 5 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Kim Blanco BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 510 0 Collage Road OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Key West, FL 33040 AUTHORIZED REPRESENTATIVE G(/ Daniel V Brisotti �r`�C.A' r.1►'1,�, URi'i.LEr+A1a . INU2 OAT[ pQ( Dpryyl N Mma 6 9a THIS CERTIF7CATZ IS ISSUED AS A MATTER OF INFORMATION QNLY AND COINTLRS NO RIGHTS V" Tna LERTInCATE HOLDLA. THIS CERTIFICATE DOES NOT AMEND. LXTEND OR ALTZR THE COVRRAGR AFFOSWED RY THIZ PROFESSIONAL INSURANCE CTR 2003 W KENNEDY C4MPANg,S AFFORDING COVERAGE TAMPA FL 33606 ...... ........... . LIr"ral""'� A ... .. I .... 0"ANYDaum Larru g BANKERS SHIPPERS SEA TOW FL KEYS � C PO BOX 244..... ............. _.Cow ....... BIG PINE KEY FL 33043 LATM D o � Ids. POI, OFItRa,I MUN'i CTmc INO S7M ANY NOT*TTMTANMNO k TUB F�OMY rMOD OR CONDMON OF ANYi�COW ACT OR DOC'V� WITH BENT RffiPHCT To WHTp{ Cml7]RCATF MAY IS ItlUBD OR, LIAY FlSRT'ATN, TNb INSURANCE AFPOADHD 9Y THB 1'OTJCIffi DESCR18BD NIRF]N Is lu>Dq= DCCIIJIIONi AND CONDITIQNS . ..0.p ..SiU.CH 1'OLI= L3M IN OWN ......... ............................................................... r0 ALL THS 7'8{tldS, YAV RAVI RIMN ■RMINED BY PAID CLAMS, IM, TY wbmuRvKx pVCVWAM _ POLWYWROTin:POLICYRAMILATICK DAT101MA)WYTI : OM OMMp'YY1 LIMM apmLAL LI4Ii111Y DOWrC1ALMMRRALLIASt11'Y 08NERAL AOOOi0A= { .. ........ ... .......,,,..,............ CLAN MAp Os>LTIIL _ . ;V ' OMMiM • CdMMSAL9 OR7 PRAT. .. ■A[71 OR1JR�tCi i >.,....;................... ..... ................... ,...... ; PRtRONMAA>:U�i ................ Mom, � (Aw wr "NNW { CFL 0117819 11 0 9 3 4 2 9 4 AM�+ ANN '' .�. '.3.00.R.Q,�4.._.... ALV MRDA,ROi .,... ...... am Ir SUM 'Ow PNMQ RIt� Alri'a ', X IIYMOMN� AUTW GARAOLLtORM IODO.Y Rmy 1 PR004W Y DAIlAOS 1 112110 i44R1111Y �.. ~'1A1bR11 SAGA occtws NCS 1 ........................... . ADONNUTS i OIi! UAR MENU A FORM N�'I OO�iiMT1011 SfAT,rf�Y Wlfi • +��r � 4 n .. N ff..ee w BA= Ai0L�Q1f i wPiorear uAR1urY D■RARi.dACK � i OfliR P.�ceitl� Risk Mgmt. Loss Coll,(TGi ammarnm orR'►•a'A frtil[ DATE- 80 TRAILER VIN 0127713 W'11AL 77 CHEVROLET DUMP VIN OCCZ617VI22462 ..a, Y- ANCP,I.1A'IpN W CANCEIAN ntwJ= TT� SHOULD ANY AROY1OeACORDCORPOKATIONI"o 1 NCBCC ZKMtA'n�o1N THIP"PANY WIL IKMVOIt M ATTN : KIMCOLLEGE bwL10 YS wurr 1cr mCATR HOLDER NAM TO WE s i 0o COLLEGE >ctD GE RD AtLUAB WWI No aw"noN OR KEY WEST FL 33040 OF ANY ND u00M Oa R8PREWTA71M. cwrC ACOTtb 3! JC ty/901 ACORD CORPOIIATION I"o