DV091653•
CONTRACT AGREEMENT
AGREEMENT, MADE THIS day ofSJLtlu-1994, 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
emergency removal of DV091653 for which a derelict vessel report
is attached as exhibit A.
2. The work to be performed under this contract shall
commence immediately from the date the Liaison provide, the cc-3
Notice to Proceed and shall be completed by September 3W 1094. �c
3. If the Notice to Proceed has not been given an' -or b�foro,
.iI
the 23rd Day of August, 1994 then this agreement shall be nulP and
void.
4. The work to be performed under the contract is
contingent upon approval of appropriate grant monies from the
State Department of Environmental Protection, Derelict Vessel
Program. If this grant is denied, this Agreement shall be null
and void. The contractor understands the rules of the Department
of Environmental Protection 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
$ 1,600.00 for the emergency removal and legal disposal of
DV091653 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.
6. The attached Derelict Vessel Report and Specifications
together with this Agreement, form the 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 the
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 a set of
photographs of the vessel in all phases of the removal and
disposal process. The contractor will be responsible for the
camera, film, and development costs.
10. The contractor understands and agrees that the receipt
of the Notice to Proceed from the County does not relieve his
responsibility to obtain any appropriate permits. The contractor
must inform the appropriate permitting authorities prior to
initiation of work.
11. The parties agree that timely performance of this
agreement is essential due to possible damage to the natural
resources, hazard to navigation, or threat to human health
and welfare. Therefore, the parties agree that the
contractor shall be liable to the Board for $100 per day of
liquidated damages for each day after 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 the amount of $300,000, Workers Compensations the
amount of $500,000, Federal Jones Act (46 U.S.C.A. subsection
688) with limits not less than those specified for Employer's
liability, Vehicle Insurance in the amount of $300,000,
watercraft Liability on the amount of $500,000, and Pollution
insurance in the amount of $500,000.
14. The Board may terminate this agreement with or without
cause at anytime upon giving the contractor up to ten days 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 to day and year first written =
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BY:
Title
Firm
(Seal)
Attest:
Witness
BOARD OF C91APTY COMMISSIONERS
OF MONRO C , LORID
BY:
(Seal) Attest: DA= L KOLHAGE, Clerk
OFFENSE INCIDENT- REPOR F NARRATIVE CON 1 INUA'I ION ZONE Z
DERELICT VESSEL # 09-
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2. VESSEL OWNER:
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6. PROPERTY OWNER: STATE c.)P' FLORIDA YES _ NO
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9. NAVIGATION THREATENED? Y ES _� NO
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DERELICT VESSEL REMOVAL CONTRACT SPECIFICATIONS
FOR MONROE COUNTY, FLORIDA
1. INTENT: It is intended that these specifications shall
cover all aspects of the work 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 $25,000.
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 section 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
hazard, and environmental considerations. If bids exceed the
County's resources for removal based on these
considerations, we shall limit vessel removal based on the
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 made 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 letting, no deviation
will be allowed. In case errors 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 Florida Department of Environmental
Protection, 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
tri party consent noted in thisparagraph. 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.
DV Specs --Page 2
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 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 contradiction of applicable
law.
The Contractor shall store materials 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
DV Specs --Page 3
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 sizes of the charges shall be
reduced. All explosives shall be marked clearly "DANGER
EXPLOSIVES", and shall be in the complete care of competent
watchmen. 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. Nothing contained in the
Contract Documents shall create an contractual
relation 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
DV Specs --Page 4
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.
Off-loading 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 Florida Statutes.
b. General Liability Insurance on a comprehensive basis, in an
amount not less than $300,00.00 per occurrence for Bodily
Injury and Property Damage combined, to include contractual
liability.
C. Pollution Liability Insurance in the Amount of $500,000
d. Water Craft Liability Insurance in the amount of $500,000
e. Automobile liability insurance covering all owned,
DV Specs --Page 5
non -owned and hired vehicles used in connection
with the work, in an amount not less than $100,000 per
occurrence for Bodily Injury and Property and Damage
combined.
All insurance policies required above shall be issued by
companies authorized to do business and under the law of the
State if Florida.
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 the time to permit it to be acted upon before the
Contractexpiration date. To allow sufficient time for the
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 the 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 Environmental Protection 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)
DV Specs --Page 6
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 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 rights 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 the 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 and 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
DV Specs --Page 7
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.
The vessels are to be removed in the order listed and the
per foot bid estimates 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 reasons, not acceptable to the County, the
Contractor does not perform, the County shall have the
right to levy liquidated damages against the Contractor.
DV Specs --Page 8
Liquidated damages shall be assessea against the Contractor
for any bid i t e :_ awarded to him whic.? ' s not completed and
accepteC by the County within the number of calendar days
specified in the Contra--t. 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.
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
present site 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 countries 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.
DV Specs --Page 9
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 to
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 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 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 photographs, disposal receipts, signed
DV Specs --Page 10
of
NON -COLLUSION AFFIDAVIT
of the
according to law on my oath, and
under penalty of perjury, depose and say that;
1) I am / %7/' , the bidder
making the Proposal forcthe 6roject 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.
( gnature of dder)
STATE OF fl y ifs.- gel
DATE
COUNTY OF /fino
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
(name of individual signing) who, after first being sworn by me,
affixed his/her signature in the space provided above on this
— ZZ__ day of /,1 tf �F &�T i 9�
NOTARY PUBLIC
My commission expires:
Nofwy Pubii4 We of Fiorflo—,
My Commission Expires March 24,1105
Bonded Thru Troy Fain • Insurance Inc.
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 abotit 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
this firm complies fully with the
MCP#5 REV. 6/91
the statement, I ce ify that
above gtii remelts .
e
Bidd rs Sig natur
Date
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
<%l< 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 forme ounty offor employee.
v
(signa ure)
Date:
STATE OF D 7_37/'-
COUNTY OF 6-
Subscribed and sworn to (or affirmed) before
c�G
me on ` date) by
/�f'��%��o�✓ —(name of of f iant) .
He/She is personally known to me or has produced
(type of identification)
as identification.
NOTARY PUUBLIC
MCP # 4 REV. 2 / 9 2 Notary Public, State of Plorth
My Commission Expires March 24, 1495
Bonded Thru Troy Fain • Insurance Inc.
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
—� [print name of the Public entitv]
by .� / //% ��C/ ri�i ✓lam
[print individual's name and title]
[print name of entity submitting sworn statement]
whose business address is
3 30 J,,�3
and (if applicable) its Federal Employer Identification Number (FEM 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 er 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, racketeering, 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 entitycrime. The term "affiliate" includesthose 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(I)(e), Florida Statutes, means any natural person
or entity organized under the laws of any state or of tiie 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
submit ' g this sworn statement. [Indicate which statement applies.1
Nether 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 it 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 FORTHE PUBLIC
ENTITY IDENTIFIED ON 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 THI FORM.
[signathre]
10T7 t%yU� , 19
Sworn to and subscribed before me this dayof
Personally known s/ / • �.�--'
OR Produced identification
(Type of identification)
Notary Public -State of
Notary Public, State of Florida
My Commission expires MY Commission Expires March 24, 1991
de � 7toy n •Insurance Inc.
(Printed typed or stamped
commissioned name of notary public)
Form PUR 7068 (Rev. 06/11/92)
JS U R A N C E ISSUE DATE (MMMDNY)
8/19/94
AI:eltlo. CERTIFICATE
PRODUCER
ROGERS ATKINS GUNTER & ASSOC
FOREHAND INSURANCE AGENCY INC
P O BOX 25598
TAMPA FL 33622-5598
R&URED
SEA TOW FLORIDA KEYS
DUKE H PONTIN SPIRIT TOWING
P O BOX 244 BIG PINE KEY
KEY WEST 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 SPHERE DRAKE INSURANCE COMPANY
LETTER PROGRAM UNDERWRITERS INC
COMPANY B
LETTER
COMPANY C
LETTER
LEETTERN
MP
LD
COMPANY E
LETTER
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.
L R
TYPE OF INSURANCE
POLICY NUMBER
POLICY
(MMIDD/YY)
P D ATE (MMMONY)
LIMA
GENERAL
LIABILITY
COMPREHENSIVE FORM
PREMISES/OPERATIONS
UNDERGROUND
EXPLOSION & COLLAPSE HAZARD
PRODUCTS/COMPLETED OPER.
CONTRACTUAL
INDEPENDENT CONTRACTORS
BROAD FORM PROPERTY DAMAGE
PERSONAL INJURY
PU7 6 9 6 7
Arrr,0VF0 R"
R
DATE [
WAIVER: N/A
2 2 3 9 4
-
.!CN VANACDAFh
-
YES
2 2 3 9 5
BODILY INJURY OCC.
_
BODILY INJURY AGG.
_
PROPERTY DAMAGE OCC.
S
PROPERTY DAMAGE AGG.
S
BI 6 PD COMBINED OCC.
$ 3 0 0 , 0 0 0
BI & PD COMBINED AGG.
$ 3 O O, 0 0 0
PERSONAL INJURY AGG.
$
AUTOMOBILE
LI umm
ANY AUTO
ALL OWNED AUTOS (Pdv. pass.)
ALL OWNED AUTOS ( oftw �)
pdv. pass.
HIRED AUTOS
NON -OWNED AUTOS
GARAGE LIABILITY
BODILY INJURY
(Per WSW)
BODILY INJURY
(Per acok"Q
=
PROPERTY DAMAGE
$
BODILY INJURY Q
PROPERTY DAMAGE
COMBINED
$
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
EACH OCCURRENCE
is
S --- -- - - -
AGGREGATE — - -
__..__ _ __.....
..
..................
WORKER'S COMPENSATION
AND
EMPLOYERS' LIABILITY
STATUTORY LIMITS
EACH ACCIDENT
S
DISEASE -POLICY LIMIT
$
DISEASE -EACH EMPLOYEE
S
OT ER
DESCRpT1pN OF-PFRATX)DO&OCATIONLVEHKXY.$AWECL4kL HEMS
CEftFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE
MONROE COUNTY BOARD OF COUNTY EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
COMMISSIONERS ATTN KIM BLANCO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
5100 COLLEGE ROAD LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
KEY WEST FL 33040 UABILITY OF ANY KIND UPON THE COMPANY, TTS AGENTS OR REPRESENTATIVES.
IIED R PRESENTATIVE
i
ten& ' B`jFO EHW l�' DD (B )
ACORD 25 (7/90) ®ACORD CORPORATION 110901
. ..... - oAIc tMM L-0 11
Agp:lolotll. CERTIFICATE OF INSURANCE 1/27/94 1
TRT i1TIFI WT90FD ASA MATTtA bt INFORMATION I
Pnovu�el+ . ' i
ONLY AND CONFERS NO ITIG11T5 UPON THE GERTIFiCATt
Br J. s o t t i & S i l kwo r t h, I n G. HOLDER. THIS CERTIFICATE DOES NUT' AM6140, EXTEND Ofl
Main Road, Box 1448 ALTER THE COVERAGE AFFORDED SY THE POLICIES BELOW.
�~ COMPANIES AFFORDING COVERAGE
Mattituck NY 11952 _.
COMPANY
A New
i _
aCUnl D COMPANY �� ` �• }
Spirit Marine Towing & Assistance I COM
OM
dba Sea Tow Florida Keys i rPAN'f 0
1501 W. Indies Drive
Ramrod Key, FL 33043 OOMPANY f
D
THIS IS TO C[AlIN It4AT THE POLICIES Of INSLIRANCE LISTED [3[LOW HAVE BCCN ISSUED T THE INSURED LIMED A !E FC1 HE POLICY h TPII5
11.1DICAlED. NOTWITH3TANC•11+3 AI4Y REQUIREMENT, TERM OR CONDITION OFAI' COAT LICIEACT A SORIB D HEREINT VvSO RE TO
ALL
TI-IC T TPIIS
5 SU CT TO ALL TI'IE TL[ir.�:�,
CERfiFIC AT= AMAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES SCRl13E0 HFREIW I,
EXCLUSIONS AND CONDITIONS OF SUCH PCLICI�S. LIIAITS SHOWN MAY HAVE SEEN HF-OUCED BY PA —A MS_ �-•
4.. _ _.... _._ " 1
POLICY FECTIVE P
EFOLICY EXPIRATION LIMI IS
COI TYPE OF INSURANCE POLICY NUMBER PATE (MIkDD1YY) DATE (MM'DD/YY)
LTR i 1 I__•__---.__..._ I. . . _...
GFNERI\,AGG3AFhATF i ..
1_flil�T�1Ll� PRODUCTS•COMP/OPA,, G f
COMMERCIAL GENERALLIADILITY _ _ n / a, _ • •_ , '
PERSONAL a ACV INJURY S n
1 CLAIMS MADE OCCUR t ' 9 / 15 / 9 3 9 / 15 / 94 EACH OCCURRLNCE S
I CV8261.122 .. _I_.1, 000., p00•
1 OYVNER'S Q CONT FROT FIRE GAMAGE (Any One M u) i n l a
Cert' 25 _
Protection
& -
Indemnity—inc�_�ud_oU C��tai—Ls_CG`^� _. _..._. _..__...__......_ n/�7t._.
`` htt0 EXP {Acy one per..an) ,j S
+ AUTOMOBILE L IA6IUTY y +„ ^ y _ -- COMBINED SINGI E LIMIT i E
ANY AUTO
- ALL OYJNLO AUTOS n / a BODILY INJURY - }
(PQr 06fo0'+)
001 IL DUIE D AU 109 I tippRQHEO RrA MANAGIM _ 1
1 ` 1ii1TEDAUlU5 vn ^ (BOCsockle t)RYE !
Mitt OWNED AUTOS BY +
tt i
�! L( PAOPERfY DnMAvC i ><
_ -. •{ • ,. • _ AUTOA'iLY • EAA0CfD,EP+1'_S , • •
GARAGE i IA81L I I'Y r
N A _..?�-�•�$ GTHER THAri AUTG DhH.T: '
1 NNT AU I U n/ a WWM FACH AOCID; NT s
EACH OCCURRENCE 5
EXCESS LIABILITY _ I
ircRFc�+TE E
1 i
L'MBALLLA FORM i
01HEA TITAN t;MQRELi A FORM i Y ..........
s
.. ._...._. __..�.__�._ ..._... !' STATUTORYilull S
• tNORKEJi9 COMPEHSiAT10N ANDt -• - --.. ....
>EMrLOY9RS' LIAIUUTY ' AC1i ACCIDCNT =
jy Act CV8261122 9/15/9 9/15J94 _ __ .. _......
II t 1,14U IF I )" ( INCL — DISEASE -POLICY LIAI+T -
Jones E
fl PART NERS F trrVTIVF Ce rt 2 5 DISEASE EACI I EMPLO. EE i
I pFFk ERS AJIE i EXCL
pot7ut;�n CVR�F,t)77. 9/1.5/93 9/15/94 Limit $500,000
Liability Cer� 25
County COrnmi30i0n0r0 azo n
Protection & Indemnity an
Monroe County,Floxida and Monroe County Board of
od as Aaaltio0al Inouroa with respect to the
pollution liability coverages.
--._... '
Monroe County Boaxa or Cou>ty
Colnmissioners,c/o Extensioti Service**,
Attn: Kim Blanco
5100 Collage Road
Key West, FL 33040
SHOULD ANY OF THE ABOVE pfe"EO POL"9 DE•CANCELLCO BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUIMG COMPANY W .L ENDEAYOR TO MAIL
.4 5 „_ DAYS WMrr M "011ee TO T"t CtWnRCATE MILDER NAMED TO THE IETT,
OUT FAILURE TO MAIL SKGN WTICI 5"U WME IIO 09LI13,ATION OR LIABILITY
Of ANY KIND UPOM THE COMPANY• R6 AGENT'S OR REPRESENTATIVES. -
:x� sw1M1r9•tiFw».�r>ktr4cA�'1!1!7�M►�'��'� - -. .... ....., . � Daniel V D .r�i....._
aotti
L „� 1 , „ uNi uc 7lieirave�ersd �v: it ��i� RENEWAL OF POLICY
DECLARATIONS LFL 0117819
BU&INP'uU AUTO FOLIC:Y
P.O. r3`IU--Bu+i+ntim,K�' :ri5 kFNEWAL DECLARATION " THERE 15 NO GRACE ? RIUI),
xF PAYMENT IS NOT RECEIVED BY 04/29/94 YOUR
COVERAGE WILL EXPIRE.
' CFL 0117819 04 rKuM 04/29 9 U 'lU/29/94 000325400
POLICY PERIOD- 1.2:01 AM ST% D TIME AT ADDRESS OF THE NAMED INSURED
AS STATED IiH;K1;1N. 1 PHONE 0 (813) 251--4900
NAMED INSURED PROFESSIONAL INSURANCE CTR INC
DUKE H PONTIN SPIRIT TOWING 2003 W. KENNEDY BLVD
DBA SEA TOW FL KEYS TAMPA, FL
PO 130X 249 BIG PINE KEY 033043 33607
KEY WEST, FL
I
I ,
THE INSURANCE; AFFORDED IS ONLY WITH RESPECT TO SUCH AND SO MANY OF THE FOLLOWING
COVERAGES AS ARE INDICATED WITH RESPECT TO EACH DESCRIBED VEHICLE. THE LIMIT Of
THE COMPANY'S LIABILITY AGAI�ST EACH SUCH COVERAGE 0IIALL DE A3 a"TATED HEREIN,
SUBJECT TO ALL THE 'TERMS OF THISPOLICY HAVING REFERENCE THERETO.
SCHEDUL� OF COVERAGES AND LIMITS ~ OF LIABILITY
� r
FULL -TERM PREMIUM
COVERAGES 000 COMBINED SINGLE LIMITS $631.00
BI/PD LIABILITY r
BASIC PIP WITHOUT WC Q10,000 LIMIT EkCH PERSON
NUN UWN�RSh11' 1,1A iL1TY :3UU, UUO CSL
HIRED AUTO LIABILITY 300,000 CSL
ATTACHMENT IDENTIFIED BY FORM NUMBER
B&S 839 0591*1 CV 21--1 0693 ; CV 23
CV39 0891 , CV59 1292
ISSUE DATE103/11/94
TOTAL TERM PREMIUM
0591 , CV 24--1 0693 , CV28-1 0693 ,
_^AUTHORIZED REPRESENTATIVE
Risk N.A_, -:;ss Control
DATE
IMTIAL
---- S� W/N :83AIWA
�S-L/- 31va
1N3VijJ`�n�eQ :S1b tia03A08ddV
$34.00
$19.00
$19.00
$703.00
INSURED COPY