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Item C20
C20 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting October 16, 2024 Agenda Item Number: C20 2023-3135 BULK ITEM: Yes DEPARTMENT: Artificial Reefs TIME APPROXIMATE: STAFF CONTACT: Hanna Koch AGENDA ITEM WORDING: Approval of a contract with Biscayne Towing & Salvage, Inc. in the amount of$440,000, who was the responsive responsible bidder with the highest ranked proposal, for the Artificial Reef Materials Deployment to Gulfside Ten (10) Mile Reef, Monroe County, Florida (RFP-568). Funding is through FWC Grant #23132. In addition, Artificial Reefs Department requests BOCC to waive an irregularity in the proposal, to wit: an incomplete bid bond, as same has been cured. ITEM BACKGROUND: In June 2023, the Florida Keys Electric Coop. Assn. Inc. donated 37 55-feet concrete power poles to Monroe County to be used as artificial reef structure to enhance marine habitat for fish species and other marine organisms. Monroe County's Artificial Reefs Program is funded by a FWC grant (#23132) that was received in January 2024. In July 2024, eight (8) additional 35' solid concrete utility power poles were transferred by Monroe County's Land Steward from Key Largo to the Marathon staging area and was added to the list of artificial reef materials to be deployed as part of the program's first RFP that was published 8/2/24. The RFP (RFP-568) solicited proposals for deployment of these secondary use materials as an artificial reef/habitat support structure. The Proposals were publicly opened on 8/28/24, and the Selection Committee meeting was held on 9/19/24. The U.S. Army Corp of Engineers permit application for deploying the materials to the Gulfside Ten (10) Mile Reef remains pending. Selection of a contractor in parallel with the permit application will allow rapid mobilization once the permit is issued. PREVIOUS RELEVANT BOCC ACTION: On February 15, 2023, BOCC adopted Resolution No. 054-2023 supporting the FWC 993 Artificial Reef Construction Program. In September 2023, BOCC approved acceptance of FWC grant of$10 million for an artificial reef program. On July 17, 2024, pursuant to Agenda Item No. 2023-2538 (C4), BOCC granted permission to publicly advertise for the Artificial Reef Materials Deployment to Gulfside Ten (10) Mile Reef, Monroe County, Florida (RFP-568). INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: The contract consists of the County's standard terms, conditions, and requirements, and adopts by reference RFP-568 (and Addenda Nos. 1 & 2), the Contractor's Proposal dated August 22, 2024, FWC Grant Agreement with the County (#23132), and the County and FWC Joint USACE Application No. SAJ-2024-00133. As noted earlier, and pursuant to BOCC's authority, Artificial Reefs Department requests BOCC to waive an irregularity in the proposal, to wit: an incomplete bid bond was originally submitted, but has since been cured through the submission of a security instrument consistent with Section 255.051, Fla. Stat, and the County's Purchasing Policy. As such, the irregularity is slight and immaterial. STAFF RECOMMENDATION: Approval DOCUMENTATION: R-FP-568 Bid Tabulation Sheet.docx AGREEMENT w Biscayne Towing Salvage—Artificial Reefs Program RF'Pm568(complete Legal Apprd).pdf FINANCIAL IMPACT: Effective Date: October 16, 2024 Expiration Date: Upon completion and final acceptance by County per RFP. Time-is- of-the-essence contract. Total Dollar Value of Contract: $440,000 Total Cost to County: $440,000 Current Year Portion: N/A Budgeted: Yes 994 Source of Funds: FWC Grant #23132 CPI: No Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No Grant: FWC #23132 County Match: N/A Insurance Required: Yes 995 cfl o c:) c:) c:) 0 c:) c:) c:) c:) c:) U) c:) c:) c:) 0 CN c:) It CY) (1) (.0 cD cD o cD c:) cQ c:) c; N E c:) c:) c:) co c:) 0 c�Q. > a) co M Lr- c:) c:) rl- -c -05 co co 0 a) I- ta Ut > 6rt 0 -0 ............................................................. 44— M 0 c:) CA 2a)c:) c:) 4w— c:) -4w— ® c:) 00 > c:) -a m c:) c:) co < a) c:) > 00 Lf) > i 0 rl- C14 (1) i 2 60 60 60 U) 0 v OL 0 0 CD > 0 0oc:) c:) c:) c:) c:) IN 0 m c:) c:) c; C:) co c� co 0 4) c:) IN () m Q E Lf) c:) 00 M rl- (.0 NI Qr) 60 > 60 T -a 0 00 LJ) a) C%4 3: 7n- 0 -a > c2 < co UJ m 06 .6 > z (D cn aD 0 Z IN (D W =3 c- C M no Q. (D E co UJ 0 z cn 00 U) 06 0 2: cn 0) T) F w m .5; 0 CL E Ell CL CO AGREEMENT between MONROE COUNTY,FL and BISCAYNE TOWING& SALVAGE,INC. for Artificial Reef Materials Deployment to Gulfside Ten (10) Mile Reef THIS AGREEMENT is made and entered into this day of 202, by and between the Monroe County, Florida, a political subdivision of the State of Florida, with principal offices located at 1100 Simonton Street, Key West, FL 33040 (the "County") and Biscayne Towing & Salvage, Inc., a Florida corporation with principal offices located at 300 Alton Road, Ste. 210, Miami Beach, FL 33139 (the "Contractor") to provide Artificial Reef Materials Deployment to Gulfside Ten (10) Mile Reef as specified in Monroe County's Request for Proposals No. 568 ("RFP-568"). This artificial reef deployment project is sponsored by "Monroe County Board of County Commissioners and the State of Florida, Fish and Wildlife Conservation Commission," and such sponsorship disclosure is consistent with Section 286.25, Fla. Stat. Now therefore, in exchange for good and sufficient consideration, the parties hereby agree to the following terms and conditions: 1) The Contract Documents The contract documents consist of this Agreement,RFP-568(and Addenda Nos. I and 2, thereto), Contractor's Proposal dated August 22, 2024 attached hereto as "Exhibit A," FWC Agreement 23132 (State Grant Recipient Agreement between SOF (Florida Fish and Wildlife Conservation Commission) and Monroe County Board of County Commissioners for Florida Artificial Reef Program (CSFA No. 77-007)), and the Monroe County, FL and FWC Joint Application Number SAJ-2024-00133 for issuance of Gulfside Ten Mile Reef Permit from U.S.Army Corp of Engineers (dated 2/16/2024). These contract documents form the Agreement, and all are incorporated herein as if set forth in full. In the event of a conflict between the aforementioned documents, any duly executed amendment to this Agreement will control, followed by the RFP-568 (including Addenda), FWC Agreement 23132, Joint Application Number SAJ-2024-00133, and Contractor's Proposal,in that order. 2) The Work/Services The Contractor must perform all work for the County required by the contract documents and as set forth below: a) Contractor will furnish all labor, materials, and equipment necessary as indicated in the Deployment Plan (including Remediation, Mobilization, Deployment, and after-the-fact reporting). b) Contractor must supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor must comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Contractor must at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. c) After receipt of the Notice to Proceed, Contractor will provide the County with seventy- two (72) hours written notice prior to the beginning of work under this Agreement and prior to any schedule change with the exception of changes caused by inclement weather. d) Contractor must comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are Page 1 of 17 997 applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. Contractor shall maintain throughout the term of this Agreement, appropriate licenses. Proof of such licenses shall be submitted to the County upon execution of this Agreement,if not previously submitted to the County. e) Contractor warrants that all goods, materials, and workmanship furnished, whether furnished by the Contractor or its subcontractors and suppliers, will comply with the specifications, drawings and other descriptions supplied or adopted. f) Contractor must prepare and provide to the County the completed FWC Materials Placement Report. Such submittal to the County will be no later than 15 days of field operations completion; County must verify and return it to FWC within 30 days. The Materials Placement Report shall reflect an accurate material tonnage for the materials deployed as well as a detailed description of the type,number, dimensions and individual weights of the various sizes of reef materials deployed. This information may be submitted on the materials placement report in lieu of taking loaded and unloaded barge measurements. g) No publicity, publishes articles, or media interviews will be conducted by Contractor in relation to the Work unless express written approval is first obtained by the County. As a minimum, any publication of information related to this artificial reef activity shall reflect sponsorship as follows: "Sponsored by Monroe County, and the State of Florida, Fish and Wildlife Conservation Commission." If the sponsorship reference is in written material, the words "State of Florida, Fish and Wildlife Conservation Commission" shall appear in the same size letters or type as Monroe County. h) Contractor must complete such forms as County deems necessary in furtherance of its grant award from the state. The forms may include, but are not limited to: `Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Federally Funded Transactions.' i) Contractor shall comply with all applicable Federal, State and local rules and regulations in providing services to Monroe County under this Agreement, including the general and special conditions specified in any permits issued by the U. S. Army Corps of Engineers, Florida Department of Environmental Protection, or the Florida Fish & Wildlife Commission.The Contractor acknowledges that this requirement includes compliance with all applicable Federal, State and local health and safety rules and regulations. 3) Changes in the Work a) Without invalidating the Agreement, the County may, at any time or from time to time, order additions,deletions or revisions in the work;these must be authorized by Change Orders. The Contractor understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the Agreement must be within the scope of the RFP and the County's grant agreement that funds this Project and be reasonable for the completion of the Project. Any contract change or modification, change order, or constructive change must be approved in writing by both the County and Contractor. If the Contractor requests to make a minor substitution within the Deployment Plan,for example substitute vessels,barges, or equipment listed in the awarded proposal, any proposed change must be de minimus (e.g. the proposed substitution is an equivalent industry standard and will result in no price change) and be submitted in writing, and must be approved by the County in writing prior to implementation. The County Administrator has the final approval and authority for execution of a Change Order provided the Change Order for a given project or service does not exceed $100,000.00, or five (5)percent of the original contract price,whichever is greater. b) No claim for damages or any claim other than for an extension of time will be made or asserted against the County by reason of any delays. The Contractor will not be entitled to an increase in the contract sum or payment or compensation of any kind from the County for direct, Page 2 of 17 998 indirect, consequential,impact or other costs, expenses or damages,including but not limited to costs for acceleration or inefficiency arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance was avoidable or unavoidable. The Contractor's recovery of damages and sole remedy for any delay caused by the County is exclusively an extension of time on the Contract, and only for an amount of time authorized herein. 4) Contract Amount Contractor will perform all contract requirements at a cost of four hundred-forty thousand dollars and zero cents ($440,000.00). Payment of an undisputed invoice submitted by the Contractor will be processed within 20 business days after being stamped as received, or otherwise as provided in accordance with the Florida Prompt Payment Act, Section 218.735,Fla. Stat., as amended. County is exempt from payment of Florida State Sales and Use taxes. Contractor shall not be exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract,nor is Contractor authorized to use the County's Tax Exemption Number in securing such materials. Contractor shall be responsible for any and all taxes, or payments of withholding,related to services rendered under this Agreement. a) All invoices for payment are required to have the following information included: a) Contractor's Name; b) Invoice Number; c) Invoice Date; d) Dates that service/activities were provided (mm/dd/yy-mm/dd/yy); e) Site of Work; f) Details of Work Provided; g) Amount of the Invoice. b) Additionally, the Contractor is to submit to the County invoices with supporting documentation that are acceptable to the Monroe County Office of Clerk and Comptroller (County Clerk). Acceptability to the County Clerk is based upon generally accepted accounting principles and such laws, rules and regulations as may govern the disbursal of funds by the County Clerk. 5) Liquidated Damages If remediation of the artificial materials as described herein,is not completed prior to deployment, and that failure results in debris mitigation work, Proposer agrees to reduction of contract price based on liquidated damages as follows: any piece of floating debris (larger than one (1) square foot) that is not retrieved within twenty (20) minutes after deployment by the Proposer, and properly disposed of after deployment,will result in an assessment of liquidated damages of$500 per square foot. 6) Agreement Subject to Funding The County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated, and the County has no further obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. 7) Contract Term The contract period commences as of the date written on the first page of this Agreement and will expire upon completion and final written acceptance by County of the Work described herein. This is a Time-is-of-the-Essence agreement regarding performance obligations set forth herein. That applies to all of the Contractor's obligations to perform, including but not limited to, timely submittal of reports. Page 3 of 17 999 8) Independent Contractor This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the County's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act,the Federal Unemployment Tax Act,the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor will retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement will be those of Contractor, which policies of Contractor will not conflict with County, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the County, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement must not be construed as creating any joint employment relationship between the Contractor and the County and the County will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 9) Assignment and Subcontracting Contractor must not transfer or assign the performance required by this Agreement without the prior written consent of the Board of County Commissioners. This Agreement, or any portion thereof, must not be subcontracted without the prior written consent of the County nor may the Contractor assign any monies due or to become due to him or her, without the previous written consent. 10) Disentanglement Contractor will complete the transition of any terminated work from Contractor and is subcontractors to County and/or any replacement providers County designates (collectively, the "Replacement Provider"),without causing any interruption of or adverse impact on the work, any other services and/or services provided by Third Parties (the"Disentanglement").Without limiting the aforementioned obligations, Contractor will: a) Cooperate by promptly taking all steps required to assist County in completing the Disentanglement related to the work it had previously performed. b) Provide all information regarding the work that these parties will need to perform the Disentanglement. c) Promptly and orderly conclude all work as directed. This may include the documentation of work in progress and other measures to provide an orderly transition as set forth in Labor Harmony. 11) Labor Harmony Contractor agrees that all labor employed by Contractor, its agents or subcontractors, for work on County property, or other County-designated locations, must be in harmony with all other labor being used by County or other contractors working on County's property. Contractor agrees to give County immediate notice of any threatened or actual dispute and will provide assistance as determined necessary by County to resolve any such dispute. Contractor, its agents or subcontractors, will remove from County's property any person objected to by County in association with the work. Page 4 of 17 1000 12) Termination In the event that the Contractor is found to be negligent in any aspect of service, the County shall have the right to terminate this Agreement after seven (7) days' written notification to the Contractor. a) Termination for Cause and Remedies: In the event of breach of any contract terms, the County retains the right to terminate this Agreement. The County may also terminate this Agreement for cause with Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the County shall provide Contractor with seven (7) calendar days' written notice and provide the Contractor with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the County terminates this Agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this Agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract;however, the County reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to Contractor shall not in any event exceed the spending cap in this Agreement. In addition,the County reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. b) Termination for Convenience: The County may terminate this Agreement for convenience, at anytime,upon ninety(90)days' written notice to Contractor. If the County terminates this Agreement with the Contractor, County shall pay Contractor the sum due as of the appointed termination date,unless the cost of completion of the remaining work under the Agreement exceeds the funds remaining in the contract. The maximum amount due to Contractor shall not exceed the spending cap in this Agreement. 13) Remedies a) Damages The County reserves the right to recover any ascertainable actual damages incurred as a result of the failure of the Contractor to perform in accordance with the requirements of this Agreement, or for losses sustained by the County resultant from the Contractor's failure to perform in accordance with the requirements of this Agreement. b) Correction of Work If, in the judgment of the County, work provided by the Contractor does not conform to the requirements of this Agreement,or if the work exhibits poor workmanship,the County reserves the right to require that the Contractor correct all deficiencies in the work to bring the work into conformance without additional cost to the County, and / or replace any personnel who fail to perform in accordance with the requirements of this Agreement. The County is the sole Judge of non-conformance and the quality of workmanship. 14) Insurance Requirements Contractor shall obtain and maintain at its own expense the insurance coverages listed within this paragraph prior to commencing service under this Agreement. All insurance requirements provided for in this Agreement shall be subject to annual review. Depending on the extent of contractual obligations incurred by the Contractor, the below insurances will be required. Insurances can be altered via written waiver by County's Risk Manager,if required. The Contractor must keep in full force and effect the insurance described during the term of this Agreement. If the insurance policies originally purchased that meet the requirements are canceled, terminated, or reduced in coverage, then the Contractor must immediately substitute complying policies so that no gap in coverage occurs.Copies of current policy certificates shall be filed with the Monroe County Risk Department Page 5 of 17 1001 or the Artificial Reefs Program Department whenever acquired, amended, and annually during the term of this Agreement.Prior to execution of this Agreement, Contractor shall furnish the County Certificates of Insurance indicating the minimum coverage limitations in the following amounts: a) WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE. Where applicable, coverage to apply for all employees at the minimum statutory limits as required by Florida Law,and Employee's Liability coverage in the amount of$500,000.00 bodily injury by accident, $500,000.00 bodily injury by disease, policy limits, and $500,000.00 bodily injury by disease, each employee. b) COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than $1,000,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. If single limits are provided, the minimum acceptable limits are $500,000.00 per person, $1,000,000.00 per occurrence, and $100,000.00 property damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. c) COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of liability of not less than $1,000,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Such coverage must include, as a minimum: Premises Operations,Products and Completed Operations,Blanket Contractual Liability, and Personal Injury Liability. An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy,its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12)months following the acceptance of work by the County. d) WATER CRAFT LIABILITY. Commercial general liability coverage with limits of liability of not less than$1,000,000.00 combined single limit,with terms no less restrictive than those found in the standard"American Institute Hull Clauses"(June 2, 1977 edition). Coverage must include, as a minimum: Injury(including death) to any Person, Damage to Fixed or Movable Objects, Costs Associated with the Removal of Wrecked Vessels, Contractual Liability with Respect to this Contract. If the policy obtained states that coverage applies for the "Acts or Omissions of a Vessel", it will be endorsed to provide coverage for the legal liability of the ship-owner. e) US LONGSHOREMAN AND HARBOR WORKERS ACT. Commercial general liability coverage with limits of liability of not less than $1,000,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. f) JONES ACT COVERAGE (46 U.S.C. § 30104). Commercial general liability coverage with limits of liability of not less than $1,000,000.00. The Contractor will be permitted to provide Jones Act Coverage through a separate Protection and Indemnity Policy,in so far as the coverage provided is no less restrictive than would have been provided by a Workers' Compensation policy. g) COMMERCIAL DIVING INSURANCE. Contractor must use an OSHA Compliant dive team and must carry commercial diving insurance, with proof of sufficient coverage for such operations, as determined by the County's Risk Manager. h) CERTIFICATES OF INSURANCE.Original Certificates of Insurance shall be provided to the County at the time of execution of this Agreement and certified copies provided if requested.Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the County before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator,the insurance coverage shall be primary insurance with respect to the County, its officials, employees, agents, and volunteers. Failure of Contractor to comply with the insurance requirements Page 6 of 17 1002 of this section shall be cause for immediate termination of this Agreement. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, 1100 SIMONTON STREET, KEY WEST, FLORIDA 33040, MUST BE NAMED AS ADDITIONAL INSURED AND CERTIFICATE HOLDER ON ALL POLICIES EXCEPT WORKER'S COMPENSATION. In the event that the Contractor subcontracts any or all of the work in this project to any third party, the Contractor specifically agrees to identify the County as an additional insured on all insurance policies required by the County. In addition, the Contractor specifically agrees that all agreements or contracts of any nature with his subcontractors shall include the County as additional insured. 15) Indemnification & Hold Harmless a) The parties agree that one percent (1%) of the total compensation paid to Contractor for the work or services under this Agreement constitutes specific consideration to Contractor for the indemnification to be provided under the Agreement. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, the Contractor shall defend, indemnify, and hold the County, and the County's elected and appointed officers and employees and FWC,harmless from and against any claims, actions or causes of action, any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine,penalty or business interruption,and any costs or expenses that may be asserted against,initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with: (A) any activity of the Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement; (B)the negligence or recklessness,intentional wrongful misconduct, errors or other wrongful act or omission of the Contractor or any of its employees, agents, sub-contractors or other invitees; or (C) the Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than the Contractor). The monetary limitation of liability under this Agreement shall be equal to the dollar value of the contract and not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. The limits of liability shall be as set forth in the insurance requirements included in the "Insurance Requirements,"provisions herein. b) In the event that the completion of the project(to include the work of others)is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the Deployment Plan and other specifications provided by the Contractor,the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. c) Nothing contained herein is intended, nor may it be construed, to waive County's rights and immunities under the common law or Section 768.28, Florida Statutes, as amended from time to time;nor will anything included herein be construed as consent to be sued by any third parties in any matter arising out of this Agreement. To the extent considered necessary by the County, any sums due Contractor under this Agreement may be retained by the County until all of the County's claims subject to this indemnification obligation have been settled or otherwise resolved,and any amount withheld is not subject to payment of interest by the County. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement,this section will survive the expiration of the term of this Agreement or Page 7 of 17 1003 any earlier termination of this Agreement. 16) Discriminatory Vendor List Contractor hereby acknowledges its continuous duty to disclose to the County if the Contractor or any of its affiliates, as defined by Section 287.134(1)(a), Florida Statutes, are placed on the Discriminatory Vendor List. Pursuant to Section 287.134(2)(a),Florida Statutes: "An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid,proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity." 17) Prohibition on Conflict of Interest, Gratuities, Kickbacks, and Collusion. The statements contained in this paragraph are true and correct, and made with the full knowledge that Monroe County relies upon the truth of the statements contained herein in awarding the contract for this Project. a) Conflict of Interest.Contractor covenants that it presently has no interest and will not acquire any interest that would conflict in any manner or degree with the performance of services required.Each party hereto covenants that there is no conflict of interest or any other prohibited relationship between the County and itself. b) Gratuities. Contractor hereby certifies that it has not offered, given, or agreed to give any Monroe County employee a gratuity, favor, or anything of monetary value in connection with any decision, approval,disapproval,recommendation,preparation of any part of the Project or award of this contract. c) Kickbacks.Contractor certifies that it has not given payment,gratuity,or offer of employment to be made by or on behalf of a Sub-contractor under a contract to Contractor or higher tier sub-contractor or any person associated therewith, as an inducement of the award of a subcontract or order. d) Non-Collusion Statement. By signing this Agreement, Contractor certifies under penalty of perjury that the price proposed by Contractor was arrived at independently without collusion, consultation, or communication for the purpose of restricting competition; and no attempt has been made to induce another person or entity to submit a proposal, or not submit, for the purpose of restricting competition in the award of this Project. e) Contract Clause. The prohibitions on conflict of interest, gratuities,kickbacks, and collusion prescribed in this paragraph must be conspicuously set forth in every contract and subcontract and solicitation initiated by Contractor in its performance of this Agreement. 18) Ethics Clause pursuant to Monroe County Ordinance No. 010-1990 By signing this Agreement, the Contractor warrants that he/she/it has not employed, retained or otherwise had act on his/her/its behalf any former County officer or employee in violation of Section 2-149,Monroe County Code of Ordinances,or any County officer or employee in violation of Section 2-150, Monroe County Code of Ordinances. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee pursuant to Subsection 2-152(b), Monroe County Code of Ordinances. 19) Prompt Disclosure of Litigation,Investigations,Arbitration, or Administrative Proceedings Throughout the term of this Agreement, the Contractor has a continuing duty to promptly disclose to the County,in writing,upon occurrence,all civil or criminal litigation,investigations,arbitration, Page 8 of 17 1004 or administrative proceedings relating to or affecting Contractor's ability to perform under this Agreement. If the existence of such causes the County concern that the Contractor's ability or willingness to perform the Agreement is jeopardized, the Contractor may be required to provide the County with reasonable assurances to demonstrate its ability to perform as required hereunder, and that its employees/agents have not or will not engage in conduct similar in nature to the conduct alleged in such proceeding. 20) Nondiscrimination. The Contractor and County agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred,this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. Contractor agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination.These include but are not limited to: 1)Title VII of the Civil Rights Act of 1964 (PL 88-352)which prohibits discrimination in employment on the basis of race,color,religion,sex or national origin;2)Title IX of the Education Amendment of 1972,as amended(20 USC ss. 1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of disability; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended,relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3),as amended,relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14,Article II,which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation,gender identity or expression,familial status or age; 11)The Pregnant Workers Fairness Act(PWFA)pursuant to 42 U.S.C.2000gg et seq.;and 12)Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 21) Drug-Free Workplace. Contractor in accordance with Section 287.087, Florida Statutes, hereby certifies that Contractor shall: 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' 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 contractual services hereunder a copy of the statement specified in 1.), above; 4.) In the statement specified in 1.), notify the employees that,as a condition of working on the contractual services hereunder,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,Fla. Stat.,or of any controlled substance law of the U.S. or any state, for a violation occurring 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; and 6.)Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. By signing this Agreement, Contractor certifies Page 9 of 17 1005 that Contractor complies fully with the above requirements. 22) Notice All written correspondence to the County shall be dated and signed by an authorized representative of the Contractor. Any written notices or correspondence required or permitted under this Agreement shall be sent by United States Mail,certified,return receipt requested,postage pre-paid, or by courier with proof of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice is deemed received by Contractor when hand delivered by national courier with proof of delivery or by U.S.Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the following persons: FOR COUNTY: FOR CONTRACTOR: Monroe County Biscayne Towing&Salvage, Inc Artificial Reefs Program Department PO Box 232050 123 Overseas Highway—Rockland Key Miami, FL 33243 Key West, FL 33040 Email:towboatusmiami@Gmail.com And(with copy to) County Attorney I I 1112th Street, Suite 408 Key West, FL 33040 23) Choice of Law and Venue The parties hereby agree that the only laws that apply to this Agreement are those of the State of Florida and United States of America. The parties waive the privilege of venue and agree that all litigation between them in the state courts will take place exclusively in the Sixteenth Judicial Circuit in and for Monroe County,Florida,and that all litigation between them in the federal courts will take place exclusively in the United States District Court in and for the Southern District of Florida, or United States Bankruptcy Court for the Southern District of Florida, whenever applicable. 24) WAIVER OF JURY TRIAL & MANDATORY PRE-SUIT MEDIATION BY ENTERING INTO THIS CONTRACT, EACH OF CONTRACTOR AND THE COUNTY HEREBY EXPRESSLY WAIVE ANY RIGHTS EACH MAY HAVE TO A TRIAL BY JURY RELATED TO THIS CONTRACT.IF A PARTY FAILS TO WITHDRAW A REQUEST FOR A JURY TRIAL IN A LAWSUIT ARISING OUT OF THIS CONTRACT OR SOLICITATION AFTER WRITTEN NOTICE BY THE OTHER PARTY OF VIOLATION OF THIS SECTION, THE PARTY MAKING THE REQUEST FOR JURY TRIAL WILL BE LIABLE FOR THE REASONABLE ATTORNEY'S FEES AND COSTS OF THE OTHER PARTY CONTESTING THE REQUEST FOR JURY TRIAL, AND SUCH AMOUNTS MUST BE AWARDED BY THE COURT IN ADJUDICATING THE MOTION. THE COUNTY AND CONTRACTOR AGREE THAT, IN THE EVENT OF CONFLICTING INTERPRETATIONS OF THE TERMS OR A TERM OF THIS AGREEMENT BY OR BETWEEN ANY OF THEM THE ISSUE SHALL BE SUBMITTED TO MEDIATION PRIOR TO THE INSTITUTION OF ANY OTHER ADMINISTRATIVE OR LEGAL PROCEEDING. MEDIATION PROCEEDINGS INITIATED AND CONDUCTED PURSUANT TO THIS AGREEMENT SHALL BE IN ACCORDANCE WITH THE FLORIDA RULES OF CIVIL PROCEDURE AND USUAL AND CUSTOMARY PROCEDURES REQUIRED BY THE CIRCUIT COURT OF MONROE COUNTY. 25) Attorney's Fees and Costs County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, Page 10 of 17 1006 the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, at all levels of the court system,including in appellate proceedings. 26) Trade Secrets and Proprietary Confidential Business Information Documents submitted by Contractor which constitute trade secrets as defined in Sections 812.081 and 688.002, Florida Statutes, as amended from time to time, or proprietary confidential business information when held by the County as a utility owner, consistent with Section 119.0713(5), Florida Statutes, as amended from time to time, and which are clearly marked or stamped as confidential by the Contractor at the time of submission to the County,will not be subject to public access. However, should a requestor of public records challenge Contractor's interpretation of the term "trade secrets" or "proprietary confidential business information," within five (5) calendar days of such challenge, Contractor must provide a separate written affidavit that includes an indemnification and release guarantee, as approved by the County Attorney or designee, to the County to support its claim that the alleged trade secrets or proprietary confidential business information actually constitutes same as defined by law. Contractor must demonstrate the need for confidentiality of the documentation by showing a business advantage or an opportunity to obtain an advantage if the documentation was released. Otherwise, Contractor is required to timely seek a protective order in the Circuit Court of the Sixteenth Judicial Circuit in and for Monroe County to prevent the County's release of the requested records. 27) Public Records County is apublic agency subject to Chapter 119, Florida Statutes, as amended from time to time. To the extent Contractor is a Contractor acting on behalf of the County pursuant to Section 119.0701, Florida Statutes, as amended from time to time, Contractor must comply with all public records laws in accordance with Chapter 119, Florida Statutes. In accordance with state law, Contractor agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the County in order to perform the services. b) Upon request from the County's custodian of public records, provide the County with a copy of the requested records or allow the records to be inspected or copies within a reasonable time at a cost that does not exceed the costs provided in Chapter 119, Florida Statutes, or as otherwise provided by law. C) Ensure that public records that are exempt,or confidential and exempt,from public records disclosure are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Contractor does not transfer the records to the County. d) Upon completion of the services within this Agreement, at no cost, either transfer to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the services. If the Contractor transfers all public records to the County upon completion of the services, the Contractor must destroy any duplicate public records that are exempt, or confidential and exempt, from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the services, the Contractor must meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of public records,in a format that is compatible with the information technology systems of the County. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING Page 11 of 17 1007 TO THIS AGREEMENT, CONTACT THE COUNTY'S CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT PHONE NO. 305-292-3470, BRADLEY-BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH STREET, SUITE 408, KEY WEST, FL 33040. If Contractor does not comply with this section, the County will enforce the Agreement provisions in accordance herewith and may unilaterally cancel this Agreement in accordance with state law. 28) Audit Rights The Contractor must maintain accurate books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement, in accordance with generally accepted accounting principles. County reserves the right to audit the records of the Contractor for the commodities and/or services provided under the contract at any time during the performance and term of the contract and for a period of five (5) State of Florida fiscal years after completion and acceptance of the Work by the County. Such records must be retained by Contractor for a minimum of five (5) State of Florda fiscal years following the close of the Agreement, or the period required for this particular type of project by the General Records Schedules maintained by the Department of State, whichever is longer. The Contractor agrees to cooperate with the County, and if relevant, the State Inspector General pursuant to Section 20.055(5), as amended, in any investigation and facilitate the duplication and transfer of such records upon the County's request. Contractor agrees to submit to an audit as required by the County,Florida Fish and Wildlife Conversation Commission,the Chief Financial Officer of the State of Florida, the Auditor General of the State of Florida, the Florida Office of Program Policy Analysis and Government Accountability, or other authorized representative(s) of the State of Florida, and any requirements pursuant to Section 215.97, Fla. Stat., "Florida's Single Audit Act." The Contractor must allow the County or such other auditing agency to have access to and inspect the complete records of the Contractor in relation to this Agreement at any and all times during normal business hours for the purposes of conducting audits or examinations or making excerpts or transcriptions. Such requirements will survive the termination of this Agreement. 29) Third Party Beneficiaries Neither Contractor nor County intends to directly or substantially benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no third-party beneficiaries to this Agreement and that no third party is or will be entitled to assert a right or claim against either of them based upon this Agreement. 30) Uncontrollable Circumstances ("Force Majeure") As used herein, "Force Majeure" means the occurrence of any event that prevents or delays the performance by either party of its obligations hereunder which are beyond the reasonable control of the non-performing party. Examples of"Force Majeure" include,but are not limited to, acts of God, natural disasters, or emergency governmental action. To invoke this paragraph, immediate written notice, consistent with the "Notice"provisions of this Agreement,must be sent by the non- performing party describing the circumstances constituting force majeure and proof that the non- performance or delay of performance is a direct and reasonable result of such event(s). Any claim for extension of time by Contractor pursuant to this paragraph will be made not more than Seventy- two(72)hours after the commencement of the delay.Otherwise,it shall be waived. The Contractor shall immediately report the termination of the cause for the delay within seventy-two (72) hours after such termination. The County reserves its right to challenge the invocation by the Contractor Page 12 of 17 1008 within five (5) calendar days of receipt of said notice, in such case uninterrupted performance in required.However,in the event the invocation is accepted by the County,the Contractor must take all reasonable measures to mitigate any and all resulting damages, costs, delays, or disruptions to the Contractor's performance requirements under this Agreement. All obligations must resume when the circumstances of such event(s) have subsided, or other arrangements are made pursuant to a written amendment to this Agreement.If the Contractor is delayed in the progress of the Work by any act or neglect of the County, or condition precedent to commencement of work (e.g. Issuance of the U.S. Army Corp of Engineers Permit under Application Number. SAJ-2024- 00133), then the contract completion time may be extended by the issuance of a No Cost Change Order for such reasonable time as the Artificial Reefs Program Director may determine. 31) Public Entity Crimes Statement Pursuant to Section 287.133(2)(a), Florida Statutes, as amended from time to time, Contractor hereby certifies that neither it nor its affiliate(s) have been placed on the convicted vendor list following a conviction for a public entity crime. If placed on that list, Contractor must notify the County immediately and is prohibited from providing any goods or services to a public entity;may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and, may not transact business with any public entity in excess of the threshold amount provided in Section 287.017,Florida Statutes.,as amended from time to time,for Category TWO ($35,000) as may be amended,for a period of thirty-six(36)months from the date of being placed on the convicted vendor list. 32) Foreign Gifts and Contracts The Contractor must comply with any applicable disclosure requirements in Section 286.101, Florida Statutes. Pursuant to Section 286.101(7)(b),Florida Statutes: "In addition to any fine assessed under [§ 286.101(7)(a), Florida Statutes], a final order determining a third or subsequent violation by an entity other than a state agency or political subdivision must automatically disqualify the entity from eligibility for any grant or contract funded by a state agency or any political subdivision until such ineligibility is lifted by the Administration Commission [Governor and Cabinet per §14.202, Florida Statutes] for good cause." 33) Scrutinized Companies and Countries of Concern per Sections 287.135, 215.473, & 287.138, Florida Statutes Contractor hereby certifies that it: a)has not been placed on the Scrutinized Companies that Boycott Israel List, nor is engaged in a boycott of Israel; b) has not been placed on the Scrutinized Companies with Activities in Sudan List nor the Scrutinized Companies with Activities in the Iran Terrorism Sectors List (formerly the Iran Petroleum Energy Sector List); and c) has not been engaged in business operations in Cuba or Syria. If County determines that Contractor has falsely certified facts under this paragraph, or if Contractor is found to have been placed on a list created pursuant to Section 215.473,Florida Statutes, as amended,or is engaged in a boycott of Israel after the execution of this Agreement, County will have all rights and remedies to terminate this Agreement consistent with Section 287.135,Florida Statutes, as amended. The County reserves all rights to waive certain requirements of this paragraph on a case-by-case exception basis pursuant to Section 287.135, Florida Statutes, as amended.Beginning January 1, 2024, the County must not enter into a contract that grants access to an individual's personal identifying information to any Foreign Country of Concern such as: People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro,or the Syrian Arab Republic,unless the Contractor provides the County with an affidavit signed by an authorized representative of the Contractor,under penalty Page 13 of 17 1009 of perjury, attesting that the Contractor does not meet any of the criteria in subparagraphs (2)(a)- (c) of Section 287.138, Florida Statutes, as may be amended. Beginning January 1, 2025, the County must not extend or renew any contract that grants access to an individual's personal identifying information unless the Contractor provides the County with an affidavit signed by an authorized representative of the Contractor, under penalty of perjury, attesting that the Contractor does not meet any of the criteria in subparagraphs (2)(a)-(c) of Section 287.138, Florida Statutes, as may be amended.Violations of this Section will result in termination of this Agreement and may result in administrative sanctions and penalties by the Office of the Attorney General of the State of Florida. Biscayne Towing & Salvage, Inc. is not owned by the government of a Foreign Country of Concern, is not organized under the laws of nor has its Principal Place of Business in a Foreign Country of Concern, and the government of a Foreign Country of Concern does not have a Controlling Interest in the entity. Under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true. Printed NameNarry C.Offutt IV Title: Owner Signature:, Date: 09/30/2024 34) Noncoercive Conduct for Labor or Services As a nongovernmental entity submitting a proposal, executing, renewing, or extending a contract with a government entity, Contractor is required to provide an affidavit under penalty of perjury attesting that Contractor does not use coercion for labor or services in accordance with Section 787.06,Florida Statutes. As an authorized representative of Contractor,I certify under penalties of perjury that Contractor does not use coercion for labor or services as prohibited by Section 787.06. Additionally, Contractor has reviewed Section 787.06, Florida Statutes, and agrees to abide by same. 35) E-Verify Requirements Effective January 1, 2021, public and private employers, contractors and subcontractors must require registration with, and use of the E-verify system in order to verify the work authorization status of all newly hired employees. Contractor acknowledges and agrees to utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of- a) All persons employed by Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including subvendors/subconsultants/subcontractors) assigned by Contractor to perform work pursuant to the contract with the County. The Contractor acknowledges and agrees that use of the U.S.Department of Homeland Security's E-Verify System during the term of the contract is a condition of the contract with the County. By entering into this Agreement, the Contractor becomes obligated to comply with the provisions of Section 448.095,Florida Statutes,"Employment Eligibility," as amended from time to time.This includes, but is not limited to, utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit to Contractor attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. Contractor agrees to maintain a copy of such affidavit for the duration of this Page 14 of 17 1010 Agreement. Failure to comply with this paragraph will result in the termination of this Agreement as provided in Section 448.095, Florida Statutes, as amended, and Contractor may not be awarded a public contract for at least one (1) year after the date on which the Agreement was terminated. Contractor will also be liable for any additional costs to County incurred as a result of the termination of this Agreement in accordance with this Section. Upon executing this Agreement, Contractor will provide proof of enrollment in E-verify to the County. 36) Prohibited Telecommunications Equipment. Contractor represents and certifies that it and its applicable subcontractors do not and will not use any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, as such terms are used in 48 CFR §§ 52.204-24 through 52.204-26. By executing this Agreement, Contractor represents and certifies that Contractor and its applicable subcontractors must not provide or use such covered telecommunications equipment, system, or services for any scope of work performed for the County for the entire duration of this Agreement. If Contractor is notified of any use or provisions of such covered telecommunications equipment, system, or services by a subcontractor at any tier or by any other source, Contractor must promptly report the information in 40 CFR § 52.204-25(d)(2) to County. 37) Antitrust Violations; Denial or Revocation under Section 287.137,Florida Statutes Pursuant to Section 287.137,Florida Statutes, as may be amended, a person or an affiliate who has been placed on the antitrust violator vendor list(electronically published and updated quarterly by the State of Florida) following a conviction or being held civilly liable for an antitrust violation may not submit a bid,proposal,or reply for any new contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply for a new contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on new leases of real property to a public entity; may not be awarded or perform work as a contractor,supplier,subcontractor,or consultant under a new contract with a public entity;and may not transact new business with a public entity. By entering this Agreement, Contractor certifies neither it nor its affiliate(s) are on the antitrust violator vendor list at the time of entering this Agreement. False certification under this paragraph or being subsequently added to that list will result in termination of this Agreement,at the option of the County consistent with Section 287.137, Florida Statutes, as amended. 38) Environmental and Social Government and Corporate Activism Pursuant to Section 287.05701, Florida Statutes, as may be amended, the County cannot give preference to a contractor based on social,political or ideological interests as defined in the statute. Contractor is also prohibited from giving preference to any of its subcontractors based on the above referenced factors. Violations of this Section will result in termination of this Agreement and may result in administrative sanctions and penalties by the Office of the Attorney General of the State of Florida. 39) Respect of Florida In accordance with Subsection 413.036(3), Fla. Stat., if a product or service required for the performance of this Agreement is on the procurement list established pursuant to Subsection 413.035(2), Fla. Stat., then this statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR FOR THE SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413, FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 413.036(1) AND (2), Page 15 of 17 1011 FLORIDA STATUTES; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED. Additional information about the designated nonprofit agency and the products it offers is available at:https://www.respectofflorida.org. 40) Use of Recycled Materials, State-Produced Lumber,and U.S.-Produced Steel Contractor agrees to procure any recycled products or materials which are the subject of or are request to carry out this Agreement in accordance with Section 403.7065, Fla. Stat., as amended from time to time. In addition, Contractor agrees to comply with the provisions of Section 255.20, Fla. Stat., as amended from time to time, that requires the use of lumber, timber, and other forest products produced and manufactured in this state, subject to certain exclusions. Last, Contractor agrees to comply with Section 255.0093, Fla. Stat., as amended from time to time, guaranteeing use of iron or steel products that are produced in the United States,unless certain exclusions apply. 41) Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the County, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and authorized designees of the County. 42) Interpretation The titles and headings contained in this Agreement are for reference purposes only and will not in any way affect the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement include the other gender,and the singular includes the plural,and vice versa,unless the context otherwise requires. Terms such as "herein"refer to this Agreement as a whole and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a section or article of this Agreement, such reference is to the section or article as a whole, including all subsections thereof, unless the reference is made to a particular subsection or subparagraph of such section or article. Any reference to"days"means calendar days,unless otherwise expressly stated. 43) Joint Preparation It is acknowledged that each party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement and accordingly the rule that a contract will be interpreted strictly against the party preparing same does not apply herein due to the joint contributions of both parties. 44) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction will, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforce ability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non-enforcement of any provision by either party will not constitute a waiver of that provision nor will it affect the enforceability of that provision or of the remainder of this Agreement. 45) Signatory Authority Upon request, the Contractor must provide the County with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. Page 16 of 17 1012 46) Counterparts and Multiple Originals. This Agreement may be executed in multiple originals, and may be executed in counterparts, each of which is hereby deemed to be an original, but all of which,taken together, constitutes one and the same agreement. IN WITNESS WHEREOF, County and Contractor have executed this Agreement as of the date first written above. CONTRACTOR: BISCAYNE TOWING & SALVAGE,INC. �- ep Signature" Harry C. Offutt IV, Owner Print Name& Title STATE OF FLORIDA COUNTY OF Miami-Dade The foregoing instrument was sworn to/affirmed and acknowledged before me by means Har C.of 0 physical presence or 0 online notarization, this _30 day of September 20 24 by Offutt IV . President or Authority Title] of Biscayne Towing saiv-age, Inc., a Florida Corporation. He/She isiDersonally knowl to me/or has produced (type of identification)as identification. STEFANY NICOLE MARTINEZ (�SSAignat req)f Notary Pub)$e-- %Notary Public-State of Florida Commission #HH 88161 t 7, My Commission Expires Stefany Nicole Martinez o' March 29, 2025 E (Print& Stamp Commissioned Name of Notary Public) BOARD OF COUNTY COMMISSIONERS OF MO OE COUNTY,FLORIDA: Mayor Holly Merrill Raschein (Seal) Attest: Kevin Madok, Clerk As Deputy Clerk Approved as to legal form & sufficiency: Eve M. Lewis, Assistant County Attorney Page 17 of 17 1013 Biscaynei , Inc Suite300 Alton Road., Beach,Miami FL 33139 Email: towboatusmiami@gmall.co " EX IBIT " Proposal for Artificial Reef Deployment Monroe County Florida Prepared by: Cory g Owner ®C Preparede Manager , 2024 1014 „RFP Index Page 3 • Minimum Contractor Qualifications • Staff Qualifications • Previous Artificial Reef Project Experience • Marine Equipment ._... .. . _w.. ............ _ _W....... _._. -- ...m.._..... . ............... _. ....... . Page 4 • Continuation of Minimum Contractor Qualifications • References • Previous Job Experience Page 5 • Att.�..._.. estation confirm contractor is not on Federal nor State debarment list • Response to owner questions for Biscayne Towing&Salvage, Inc • Customer References Page 6 • Credit References Page 7 • Proposed Project Approach • Plan for Deployment • Schedule of Operations Page 8 _ • Contingency Schedule .......................................__................---............................ ---------------- Page 9 • Staging, Loading,Transportation and Deployment Plan Page 10 • Deployment Pattern Standard • Assurance and Deliverables Page 11 • Liability and Responsibility for Reef Materials • Price for Deployment Page 12—Page 14 • Tug Sonny Certificate of Inspections Page 15 • Tug Sonny Certificate of Documentation — a Page 16. ..�. .��..18 ..._._ .�.. _ _ g g Tug Sonny Stability Letter Page 19—Page 28 • Tug Sonny specification sheet with picture of barge with reef material on it Page 29 • Barge Atlas Certificate of Documentation Page 30—Page 64 • Barge Atlas Stability Letter Page 65 • Barge Atlas Tonnage Certificate Page 66 • Picture of route to site from staging area Tug and Barge Route from staging area to worksite. 25 53N, 08142W Page 67—Page 68 • Brochure on Trimble Equipment Page 69 • Biscayne Towing&Salvage, Inc Company Truck Registration Page 70 • Biscayne Towing&Salvage, Inc Company Truck Insurance Page 71 • Monroe County Business Tax Receipt Page 72 • Miami-Dade County Business Tax Receipt Page 73—Page 119 • Request for Proposals for Artificial Reef Deployment in Monroe County Florida Bid Packet 1015 Minimum Contractor Qualifications L Biscayne Towing&Salvage, Inc owns all the necessary equipment and qualified employees to complete this Artificial Reef deployment project. Biscayne Towing&Salvage, Inc has an excellent standing and repetition within the South Florida Business Community. We have completed numerous government contracts with Everglades National Park up to $250,000 and are currently working on a $2,000,000 contract price with FWC. Our diving sub-contractor is OSHA qualified and experienced in Artificial Reef building. ii. Staff Qualifications a. Cory Offutt, Owner L Owner of Biscayne Towing&Salvage, Inc 30 years of experience in the marine towing and salvage business. Conducted countless reef ship sinking for Dade, and Broward County for artificial reefs. Managed and supervised numerous complex vessel removal contracts with Everglades National Park with tug and barge. b. Kyle Queen L Kyle Queen has over 10 years of experience in the marine and towing salvage business. Mr. Queen has assisted in managing and supervising numerous vessel removal contracts with Everglades National Park with the Tug Sonny and Barge Atlas. c. Joshua Tsournis L Joshua Tsoumis is a Tugboat Captain with a Master of towing vessels upon Oceans. iii. Artificial Reef Project a. Biscayne Towing&Salvage, Inc provided subcontractor services to Callaway Marine Technologies on numerous artificial reef projects in Miami, FL. iv. Marine Equipment—Biscayne Towing&Salvage, Inc Owned and Operated Equipment Below: a. Barge Atlas, 120'x40'x9ABS Spud Barge with 100 Ton Link Belt LS 218 crane—Official Number 1300842 b. Miss Judi,41' Ex-Coast Guard Vessel with 800 hp twin engines—Official Number D01031499 c. Ford 350 dually truck fitted for a goose neck trailer and 20-ton trash container to transport debris and trash for disposal) d. Tug Sonny, 68'Tug/Utility vessel with 1100 hp and with berths for 7 crew. Official Number 1239101 e. Biscayne Towing&Salvage, Inc waterfront salvage yard located at 151 NW S River Dr, Miami, FL 33128. 1016 V. Reference: a. Callaway Marine Technologies L Contact person: Charles E. Callaway ii. Tel: (561) 471-1771 iii. Cell: (954)415-8722 iv. Email: ccallaway@callawaymarine.com b. Maritime Agency, Inc L Contact person: Richard Dubin ii. Tel: (786) 344-5883 iii. Email: amerishipl@aol.com c. Everglades National Park Services L Contact person:William Vazquez ii. Tel: (470) 819-0934 iii. Email: Wffliarn V,LHHcirn xra�gue7_@nps_gqv vi. Job History a. Contract with Miami Dade County (Miami-Dade Seaport Department)with Callaway Marine Technologies i. May 2022—September 2022 1. Environmental Mitigation Berths 9 and H (Contract Number 2017-001.02) (Picture attached) b. Everglades National Park Services, Derelict vessel and removal contract L September 2022—November 2022 1. Removal and disposal of 7 Derelict Vessels from Biscayne National Park. Vessels ranged in sizes from an 18' Bayliner to a 45' Sportfish. c. FPL in St Lucie Nuclear Plant. L June 2024 1. Placement of buoys at the St Lucie Nuclear Plant. d. Removal of 50' Quantum Leap from NW side of Content Keys in Monroe County. i. April 11, 2022 1. Tug Sonny and Barge Atlas mobilized to the NW Side of Content Keys to remove a 50' St Francis that was sitting dry on the rocks at low tide. (Picture Attached) a. Note:These types and scale of rescues require a high level of competency and coordination with government agencies. 1017 vii. Proof of registration to conduct business in the State of Florida is attached. (Page 71) viii. Attestation confirming contractor is not on the federal nor state debarment list a. Biscayne Towing&Salvage, Inc is not on the Federal or State debarment list. ix. Proof of insurance attached (Page 113-Page 118) X. Response to questions a. A list of entity shareholders with five percent or more stock in Biscayne Towing&Salvage, Inc i. Harry C. Off utt IV, 100% Owner b. A list of all the officers and directors of Biscayne towing&Salvage, Inc i. Harry C. Offutt IV, Owner c. The number of years the person or entity has been operating L Operating since 1994, 30 years d. The number of years the entity has operated under its present name and any prior names i. 30 years e. Customer references i. Antillean Marine 1. Contact Person: Duber L. Luzardo 2. Office: (305)495-5016 3. Address: 3038 NW N River Dr, Miami, FL 33142 4. Email: d uruzardo @ ntille n.corn 5. Services Provided: a. Tug Sonny completed an emergency tow for the Sara Regina, a 295' Cargo Ship from Offshore Jupiter, FL to Miami, FL anchorage. b. Launch services delivering technicians to ship offshore Miami, FL and Port Everglades, FL. c. Note:These type and scale of rescues require a high level of competency, and coordination with government agencies ii. Pyrotecnico Fireworks, Inc 1. Sylvia LaRosa 2. Office: (813) 766-7889 3. Address: PO Box 149, New Castle, PA 16103 �.ar sa.L.I .y..� , !2.i .com 4. Emai : ... „ a. Services Provided: i. Barge Atlas conducted a Fireworks show offshore Hollywood, FL ii. Barge Atlas conducted a Fireworks show offshore Miami, FL 1018 iii. Woods Hole Oceanography Department 1. Contact Person: Patrick Deane 2. Office: (508) 289-3923 3. Address: 266 Woods Hole Road,Woods Hole, MA 02543-1050 4. Email: . . .�:. . ... . .�.p.!!..ed u a. Services Provided: i. Launch of underwater research glider offshore Miami, FL f. Credit References L Lank Oil 1. Contact Person:Art Arias 2. Office: (954) 326-7526 3. Address: 2203 W McNab Road, Pompano Beach, FL 33069 4. Email: art.arias@reladyne.com ii. Keystone Marina 1. Contact person:Trish Hamilton 2. Office: (305) 940-6236 3. Address: 1950 NE 135t"Street, North Miami, FL 33181 4. Email:trish@keystonepointmarina.com iii. Budget Paint and Hardware 1. Office: (305) 379-5444 2. Address: 1644 Northeast 2"d Ave, Miami, FL 33132 3. Email: accounting0buy ae acehardw re. om xi. Financial Statements a. Financial Statements attached in a separate confidential document. 1019 Proposed Project Approach A. Plan for deployment Safety Before work will commence all personnel with attend a safety meeting for the day's activities. Each day will present different safety issue which will be addressed. All safety equipment and personal protective gear will be worn including hard hats. Crane operations will be discussed and safety procedures. All crane lifts will be calculated and preplanned to stay under the 75% requirement to eliminate heavy lift procedures. Removal of all loose material inside the holes of poles. Cut protruding rebar with a gas torch o grinder. All poles will be cleaned for deployment free from insulation, asphalt, creosote, petroleum, hydrocarbons,toxic residue, excess dirt, and free flowing material. All material will be removed from poles with a special chisel with a 25 ft pole to scrape the paper loose from concrete. The material will be collected, placed in trash bags and disposed of in a county landfill. Unusable concrete poles will be broken to remove rebar.The rebar will be recycled, and the concrete will also be recycled. This cleaning work will be done on the site where piles are located. The unusable piles will be removed and delivered to a recycling company. We estimate a minimum of 3 workers, a forklift, possible contractor at site, and hand tools to complete the work. This process should take 2 to 3 weeks. B. Schedule of Operations 10/17 Mobilize to Marathon to start remediation 10/21 Start remediation process on poles 10/29 Mobilize barge Atlas to Marathon staging site 10/29 Start loading barge Atlas 10/31 Looking for weather window 11/1 Mobilize Tug Sonny to staging area (assuming weather is favorable) 11/2 One day to get tug Sonny and barge Atlas on site (crew will stay on Tug Sonny) 11/3 Position 4-point anchoring system and prepare for deployment of patch reef one. 11/4 Deploy patch reef one 1020 11/5 Reposition 4-point anchoring system 11/6 Deploy patch reef two 11/7 Reposition 4-point anchoring system 11/8 Deploy patch reef three 11/9 Tug and barge depart work site 11/9 Complete underwater survey for report Remediation 10 days 3 day to load barge I day to site 8 days to deploy reefs The barge will be anchored with a four-point anchoring system,The barge and crane will be place over the site first with the tug GPS and then the barge will be adjusted to within a few feet of the preplanned location using coordinates in RFP with the DGPS located on the crane. Each pile will be preloaded into the DGPS and then placed on the planned coordinates. Coordination with county observers will be maintained by telephone or other suitable means. The Tug Sonny is fitted with a Starlink system which gives us telephone and internet service worldwide on the tug. The county will designate an observer, and we will designate a contact person on the barge to communicate with the county at all times. This will likely be the captain of the tug.The County observer can use their own boat to observe, or we can make arrangements for a vessel to pick them up and drop them off.The additional charge for this service is $300 per hour port to port.The county observer will be welcome to use the wheelhouse of the tug as an office with internet and telephone service. L Contingency Schedule If the weather becomes unmanageable Tug Sonny and barge Atlas will be moved to calm water and 4 mooring buoys will stay on scene. Barge atlas will be spudded down or anchored until weather clears.,The crew will stay on board and wait until good weather and return to site. The only delay in the job will be due to the weather. We will have all materials and equipment at the site. Crane operations can be conducted up to 2' seas.Tug Sonny and Barge Atlas can stay at the sit up to 3'to 4' seas to wait for calmer seas. Otherwise, the crew will move Barge to calmer water. Both Barge and Tug are designed and built for ocean service. At any time, the county can inspect the poles and their condition. The county can appoint a contact person which can follow the progress of remediation and deployment. The county personnel will have a chance to inspect all piles loaded on the barge at the staging site before 1021 leaving for deployment site. Once the barge is secured over the site the county can inspect it before final deployment. C. Staging, Loading, Transportation and Deployment Barge Atlas will arrive at the staging area to load piles.The piles will be loaded from land to the barge with a 100 Ton Link Belt LS 218 crane.The piles will be loaded on barge with proper dunnage and secured to the deck. The loading process will anticipate the schedule of deployment of the piles. Barge Atlas has approximately 800 Ton loaded capacity with ABS inspected for offshore operations. The barge is less than five years old and in good condition. Please see attached tonnage certificate and stability with current inspection.Tug Sonny is a USCG inspected T-boat special purpose vessel. A key aspect of the vessel is it is a No-Discharge Vessel which is required in the no discharge area around the Florida Keys. The vessel is 1100 hp with complete accommodations for 7 crew to stay on scene during entire job. All USCG regulations will be adhered to during all vessel operations. The barge will have approximately 2 ft of draft after loading. A Local Florida Keys towing company will bring barge to Tug Sonny from the staging site to channel. Once the barge is under the control of Tug Sonny the barge will be towed to the work site.The distance is 40 NM which will take approximately 6 to 7 hours. Once we arrive at the work site the mooring buoys will be set, and the tug and barge will be secured. The center of each patch reef will be located from the Lat and Long provided in the RFP on page 71 Figure 9 and this information will be downloaded into the cranes DGPS, Differential GPS. The position is accurate to less than 3 m. The 4-point mooring system will allow barge to be positioned within feet of the center of patch reef. After positioning the barge and crane in place,the DGPS system will have each pile of the first course piles located in the software.The first course will be set in parallel on the sea floor with a distance of 10 feet between each pile. Once the pile is placed in place A diver will disconnect the piles while talking to the crane operator. Once the first course of piles are put in place the remainder of the piles will be placed as shown in the diagram in figure 11 on page 73 of RFP with the same method. We intend on matching the drawings as closely as possible. The footprint of each reef will be approximately 50 feet. Once the reef is completed, we will move to the next patch reef site repeating the same procedures. The barge will be moored with four anchors 45 degrees with 125 feet of 3/4" Spectra line to mooring buoys. The barge can easily be adjusted to repositioning if necessary. The position of the first layer of piles will be downloaded in the software to insure the accurate placement of reef. All crane operations will be done with deliberate load position eliminating any rush or unsafe crane operations. We will use a 20'spreader bar with two straps to lift pile. 1022 The Tug Sonny as approximately 10 Tons of calculated bollard pull. This is more than sufficient power to tow the barge,Atlas.The barge will tow approximately 6 knots.The route is provided in the attachments. The Tug will maintain the route shown which will have enough water for draft of tug. Wheen the reef deployment is completed,the Tug and barge will return to Miami. The Tug has a GPS and crane will have a DGPS.The DGPS is good to within 3 ft. All standard electronics required by USCG are on board vessels. Plus,the tug has Starlink, and AIS which is required. D. Deployment Pattern Standards The three patch reefs will be deployed as shown on 73 figure 11 of RFP and the center coordinates of each patch reef will be set to the coordinates on page 72 table 2 of RFP. Each pile will be preprogrammed in our DGPS system and set to within 3 ft position.The diver will be able to fine tune placement if necessary. The three patch reefs will be set to the coordinates on page 72 table 2 within 3 feet. This will ensure the reefs are placed on the same latitude. The poles will be placed as show figure 11 page 73' The Barge Atlas will be held in place with four-point anchoring. Each patch reef will have approximately 50' by 50' footprint. All placements will be done with the DGPS located on the crane. The barge will be secured in place with a four-point mooring system anchors. E. Assurance & Deliverables The county observer will be notified of loading piles at staging area. At this time, he will be able to complete an inventory and inspection. Once we start setting piles we will work 10 hours a day.The county observer must be available and on site. We will communicate the next days activities to confirm the requirement of him being on scene to observe. If the county fails to show for deployment there will be a charge of$15,000 per day for work stoppage. The tools expected to complete the work at the staging area will not be stored on site. An excess of dust and debris will be contained in a 20-yard container and removed when work is completed. The piles will be moved with a hydraulic crane and using a spreader bar to reduce any possibility of damage. When barge and tug are secure on site and the weather condition are not safe for work the operation will stop. The tug and barge are capable of handling large seas which as noted if the sea conditions are expected to increase more than 3 to 4 ft the barge will be moved to calm water. If the county observer and the designate company person will be in communication. If a safety issue arises the operation will stop until resolved. 1023 The deployment plan will be in strict compliance with the RFP.The Army Corp has issued a permit for the RFP locations which will be adhered to and will have on hand at job site. All buoys, lines anchors and any other equipment used to hold the barge in place will be of proper size and in good condition to complete the deployment period. A report will be available to the county to approve placement of reef materials before deployment and then a report showing placement. A current NOAA chart with all buoy placements and coordinates for reefs will be on site. A copy of the Army Corps permit will be on board barge After the reef is completed the vertical distance from top of reef to surface of water will be recorded and put in the survey report. During deployment operations a small runabout will be available to pick up and loose debris from deployment. The small boat will be ready at all times during operations. F. Liability and Responsibility for Reef Materials All risks, safe handling storage transportation and deployment will be ours as stated in RFP. Price Remediation cleaning and preparing piles for deployment $70,000 Mobilization $70,000 Deployment $300,000 Total $440,000 1024 United States of America Certification Date: 01 Jun 262-3 Certification of Homeland Security Ex iration Date: 01 Jun 2028 United States Coast Guard Ceitificate of Inspection For ships on international voyages this certificate fulfills the requirements of SOLAS74 as amended,regulationV114,for a SAFE MANNING DOCUMENT. Vessel Name Offictai Number IMO Number Call Sign Service SONNY 1239101 WDG5366 Passenger(Inspected) Hailing Port MIAMI, FLHull Material Horsepower Propulsion Steel 1050 Diesel Reduction UNITED STATES Place Built Delivery Date Keel Laid Date Gross Tons Net Tons DVVT Length MIAMI, FL 03Aug2011 09JuI2009 R-99 R-67 R-61.8 UNITED STATES Owner Operator BISCAYNE TOWING&SALVAGE INC BISCAYNE TOWING&SALVAGE INC 1635 N BAYSHORE DRPO BOX 432050 1635 N BAYSHORE DRPO BOX 432050 MIAMI, FL 33243 MIAMI, FL 33243 UNITED STATES UNITED STATES This vessel must be manned with the following licensed and unlicensed Personnel. Included in which there must be 0 Certified Lifeboatmen, 0 Certified Tankermen, 0 HSC Type Rating,and 0 GMDSS Operators. I Masters I Licensed Mates 0 Chief Engineers 0 Oilers 0 Chief Mates 0 First Class Pilots 0 First Assistant Engineers 0 Second Mates 0 Radio Officers 0 Second Assistant Engineer 0 Third Mates 0 Able Seamen 0 Third Assistant Engineers 0 Master First Class Pilot 0 Ordinary Seamen 0 Licensed Engineers 0 Mate First Class Pilots 2 Deckhands 0 Qualified Member Engineer In addition,this vessel may carry 26 Passengers,0 Other Persons in crew,0 Persons in addition to crew,and no Others.Total Persons allowed:30 Route Permitted And Conditions Of Operation: --Oceans— NOT MORE THAN 100 NAUTICAL MILES FROM SHORE. MAY OPERATE ON INTERNATIONAL VOYAGES WITH NO MORE THAN 12 PASSENGERS. IF THE VESSEL IS AWAY FROM THE DOCK OR PASSENGERS ARE ON BOARD OR HAVE ACCESS TO THE VESSEL FOR A PERIOD EXCEEDING 12 HOURS IN A 24—HOUR PERIOD, AN ALTERNATE CREW SHALL BE PROVIDED. AT NO TIME SHALL THE VESSEL CONDUCT TOWING OPERATIONS WITH PASSENGERS ONBOARD. DECK CARGO IS NOT PERMITTED WHILE TOWING. ***SEE NEXT PAGE FOR ADDITIONAL CERTIFICATE INFORMATION' With this Inspection for Certification having been completed at Miami, FL, UNITED STATES,the Officer in Charge, Marine Inspection,Sector Miami certified the vessel, in all respects, is in conformity with the applicable vessel inspection laws and the rules and re ulations rescribed thereunder. Annual/Periodic/Re-Inspection This Amended certificate issued by: ---b—ate Zone -'A/P/R Signature D.T.Cressman CDR, USCG By direction Officer in Charge,Marine Inspection Sector Miami Inspection Zone Dept of Home Sec.,USCG,CG (Rev 4-2000)(v2) OMB No.21155517 1025 United States of America Certification Date: 01 Jun 2023 Department of Homeland Security Expiration Date: 01 Jun 2028 United States Coast Guard Certificate of Inspection PPB® Vessel Name:SONNY THE VESSEL IS AUTHORIZED FOR THE CARRIAGE OF DIESEL FUEL AS CARGO IN ACCORDANCE WITH THE APPROVED STABILITY LETTER ISSUED BY MSC DATED MAY 23, 2014 AT NO TIME SHALL THE VESSEL CONDUCT FUEL CARGO TRANSFER OPERATIONS WITH PASSENGERS ONBOARD. A RESTRICTED "TANKERMAN—PIC" IS AUTHORIZED FOR DIESEL FUEL ONLY AS ALLOWED BY 46 CFR 13.111, WHEN ENGAGED IN FUEL CARGO TRANSFER OPERATIONS. DECK CARGO SHALL BE STOWED AND SECURED IN ACCORDANCE WITH THE APPROVED STABILITY LETTER ISSUED BY MSC DATED MAY 3, 2014. VESSEL IS AUTHORIZED FOR CARRIAGE OF ADULT PASSENGERS ONLY. PRIOR TO OPERATING OUTSIDE THE MIAMI MARINE INSPECTION ZONE (AS DEFINED IN 33 CFR 3.35-10), CONSULT WITH THE COGNIZANT OFFICER IN CHARGE, MARINE INSPECTION TO IDENTIFY ZONE SPECIFIC OPERATIONAL CONSTRAINTS AND ROUTE LIMITATIONS. ---Hull Exams--- Exam Type Next Exam Last Exam Prior Exam Drypock 31Jan2026 09Feb2024 25Jan2022 Internal Structure 31 Jan2026 09Feb2024 25Jan2022 tabili - Type Issued Date Office Letter 23May2014 Marine Safety Center(MSC) --- Liui / as/Solid Cargo Authority/Conditions --- Authorization: The vessel is authorized for Diesel fuel only as cargo. Total Capacity Units Highest Grade Type Part151 Regulated Part153 Regulated Part154 Regulated 5000 Gallon D No No No *Hazardous Bulk Solids Authority* Not Authorized *Conditions Of Carriage* ---Lifesaving Equipment— Total Equipment for 30 Persons Primary Lifesaving Equipment Quantity Capacity Required Lifeboats(Total) 0 0 Life Preservers(Adult) 30 Lifeboats(Port) 0 0 Life Preservers(Child) 0 Lifeboats(Starboard) 0 0 Ring Buoys(Total) 1 Motor Lifeboats 0 0 With Lights 1 Lifeboats With Radio 0 0 With Line Attached 1 Rescue Boats/Platforms 0 0 Other 0 Inflatable Rafts 0 0 Immersion Suits 0 Life Floats/Buoyant App 2 15 Portable Lifeboat Radios 0 Inflatable Buoyant Apparatus(IBA) 0 0 Equipped With EPIRB? YES Dept.of home Sec.,USCG,CG-fS41(Rev 4-2000)(v2) Page 2 of 3 OMB No.21 15- 5517 1 026 United States of America Certification Date: 01 Jun 2023 t 01 Jun 0 x :a:et�Department of Homeland Security Certification Eiration D n 2 28 United States Coast Guard Certificate of Inspection Vessel Name:SONNY --- Fire Fighting Equipment--- *Fixed Extinguishing Systems* Location Type Capacity Engine Room Halocarbon(Formerly: FM 200, FE241) 22 Pound Tire Extinguishers-Hand portable and semi-portable Quantity Class Type I 10-8:C 2 2-A 2 40-B:C ---Certificate Amendments— Amending Unit Amendment Date Amendment Remark Sector Miami 190ct2023 Changed Routes and Conditions. Sector Miami 09Feb2024 Completed Credit Dry Dock Inspection and Credit Internal Structural Exam. ***END*** Dept.ofHome Sec.,USCG,CG-841(Rev 4-2000)(-,,2) Page 3 of 3 OMB No.2115-0517' 1027 DHS,USCG,CG-1270(REV.01-23) OMB APPROVEDDEPARTMENT OF HOMELAND SECURITY 1625-0027 UNITED STATES OF AMERICA UNITED STATES COAST GUARD NATIONAL VESSEL DOCUMENTATION NT CERTIFICATE OF,DOCUMENTATION ' VESSEL NAME OFFICIAL NUMBER IMO OR OTHER NUMBER YEAR '0MPI..E'I ED SONNY 1239101 NONE 2012 ____ HAILING PORT HULL MATERIAL MECHANICAL PROPULSION MIAMI FL STEEL _ YES _ GROSS TONNAGE NET TONNAGE LENGTH BREADTH DEPTH 99 GIRT 67 NRT 61,8 23.0 1 9,5 PLACE BUILT �a MIAMI FL OWNERS OPERATIONAL ENDORSEMENTS BISCAYNE TOWING&SALVAGE INC REGISTRY COASTWISE z t y / MANAGING OWNER BISCAYNE TOWING&SALVAGE INC , 1635 N BAYSHORE DR PO BOX 432050 MIAMI FL 33243 � RESTRICTIONS NONE ENTITLEMENTS NONE REMARKS NONE ISSUE DATE .' APRIL 22,2024 :' THIS CERTIFICATE EXPIRES z s APRIL 30„2025 1790 DIRECTOR,NATIONAL VESSEL DOCUMENTATION CENTER D E PREVIOUS EDITION OBSOLETE, THIS CERTIFICATE MAY NOT BE ALTERED 1028 U.S.Department of Commanding Officer US Coast Guard Stop 7410 Homeland Security 1 4200 Wilson Blvd.,Suite 400 United States Coast Guard Arlington,VA 20598-7410 Marine Safety Center Staff Symbol: MSC-1 United States Phone: (703)872-6729 Coast Guard Avg Email: msc@uscg.mil STABILITY LETTER 16710/P014958 Serial: HI-1401366 May 23, 2014 Master, SONNY, O.N. 1239101 Biscayne Towing and Salvage Hull No.Unknown 65.0' x 23.0' x 9.5' Small Utility Vessel (T) You are responsible for maintaining this vessel in a satisfactory stability condition at all times and for following the instructions and precautions listed below. You are reminded that 46 CFR 185.315 requires you to verify your compliance with these instructions and precautions after loading and prior to departure on each voyage. A stability test,witnessed by the U. S. Coast Guard,was conducted on the subject vessel at Miami, Florida on November 11, 2012. On the basis of that test, stability calculations have been performed. Results indicate that the stability of SONNY, as presently outfitted and equipped, is satisfactory for operation on Exposed Waters,provided that the following restrictions are observed. OPERATING RESTRICTIONS 1. ROUTE: Operation on Exposed Waters is permitted. Since the vessel's route is based upon other considerations in addition to stability,you are cautioned that the route may be further limited to that specified on the Certificate of Inspection. 2. PERSONNEL: A maximum of 30 persons may be carried on this vessel, of which 26 may be passengers. These numbers are based on an average weight of 185 pounds per person. Since the personnel capacity is based upon other considerations in addition to stability,you are cautioned that the number of persons carried may be further limited to that specified on the Certificate of Inspection. 3. FREEBOARD AND DRAFT: A minimum freeboard oft feet 3-1/8 inches to the main deck at amidships must be maintained. This corresponds to a maximum baseline (mean)draft of 7 feet 2-7/8 inches, Amidships is located at Frame 22. The maximum draft, as measured on the draft marks, of 7 feet 8 inches (forward) and 7 feet 9-1/4 inches (aft) is permitted in any condition of loading and trim as long as the maximum amidships draft is not exceeded. 4. HULL OPENINGS: Any openings that could allow water to enter the hull or deckhouse should be kept closed when rough weather or sea conditions exist or are anticipated 5. WEIGHT CHANGES: This stability letter has been issued based upon the following light ship parameters: Displacement 94.10 Long Tons (LT) VCG 9.58 Feet Above the baseline LCG 36-01 Feet Forward of AP 1029 16710/P014958 Serial: HI-1401366 May 23, 2014 Subj: SONNY, O. N. 1239101; Revised Stability Letter The AP is located at the transom. Any alteration resulting in a change in these parameters will invalidate this stability letter. No fixed ballast or other such weights shall be added, removed, altered and/or relocated without the authorization and supervision of the OCM1. 6. 'TANKS: Any cross-connections between port and starboard tank pairs shall be kept closed at all times when underway. Liquid loading differences between port and starboard tank pairs shall be minimized. 7. BILGES: The vessel's bilges and voids shall be kept pumped to minimum content at all times consistent with pollution prevention requirements, 8. LIST. You should make every effort to determine the cause of any list of the vessel before taking corrective action. 9. FREEING PORTS: Deck freeing ports and drains shall be maintained operable and completely unobstructed at all times, 10. CREW SUPPLIES: A maximum of 2 LT of crew supplies may be carried in all modes of operation. 11. DECK CARGO: Cargo must be positively secured against shifting prior to leaving protected waters. a. SUPPLY BOAT: A maximum cargo load of 12 LT may be carried on the main deck without passengers. When deck cargo is carried, it shall be on the centerline,with a longitudinal center of gravity (LCG) no further aft than 13.5 feet forward of the Aft Perpendicular(AP). This LCG corresponds to Frame 9. The,maximum vertical center of gravity of deck cargo is 3 feet above the main deck. The height of the deck cargo shall not exceed 6 feet above the main deck. There are no liquid cargo loading restrictions for this mode of operation. b. PASSENGERS AND DECK CARGO: A maximum cargo load of 10 LT may be carried on the main deck with passengers. When deck cargo is carried, it shall be on the centerline,with a longitudinal center of gravity(LCG)no further aft than 21 feet forward of the AP, This LCG corresponds to Frame 14. The maximum vertical center of gravity of deck cargo is 4 feet 6 inches above the main deck. The height of the deck cargo shall not exceed 9 feet above the main deck and the length shall not exceed 20 feet. There are no liquid cargo loading restrictions for this mode of operation. c. LIFTING AND DECK CARGO, A maximum cargo load of 16.25 LT, inclusive of the crane hook load, may be carried on the main deck without passengers and with 12 crew members. This cargo load excludes the 1.50 LT allowance for the removable crane and pedestal. When deck cargo is carried, it shall be on the centerline,with a longitudinal center of gravity (LCG) no further aft than 16 feet 6 inches forward of the AP, This LCG corresponds to Frame I I- The maximum vertical center of gravity of deck cargo is 2 feet 6 inches above the main deck. The height of the deck cargo shall not exceed 5 feet above the main deck and the length 2 1030 16710/P014958 Serial: HI-1401366 May 23, 2014 Subj: SONNY,O.N. 1239101; Revised Stability Letter shall not exceed 20 feet. Cargo water tanks must remain empty during lifting operations. 12. LIQUID CARGO: Any authorizations of cargo fuel carriage are to be explicitly endorsed on the Certificate of Inspection. a. TRANSFER: The transfer of cargo fuel is prohibited when passengers are onboard. b. LO'ADIN'G: Cargo water tanks must remain empty during lifting operations. Except as noted on the Certificate of Inspection, there are no other cargo tank loading restrictions. Cargo tanks may be used for trim correction provided that operations adhere to all other provisions of this stability letter and the Certificate of Inspection. c. FUEL CARGO: The grade of cargo fuel authorized, as defined by 46 CFR 30.10-15 and 46 CFR 30.10-22, shall be specified on the Certificate of Inspection. Since the carriage and transfer of liquid cargo are based upon other considerations in addition to stability, you are cautioned that liquid cargo operations may be further limited to that specified on the Certificate of Inspection. 13. .TOWING: Towing shall not be conducted at a displacement less than 108.8 LT,which corresponds to a mean draft of 5 feet 6-1/2 inches. Additionally, the vessel may not conduct towing operations while carrying passengers, conducting lifting operations, or carrying deck cargo. However, the vessel is permitted to carry a maximum of 3.5 LT of towing gear(bitt and winch). 14. LIFTING: Lifting is authorized with the loading restrictions previously specified. Cargo water tanks must remain empty during lifting operations. The crane loads and outreach distances listed on the Jabco 808M-2S Crane Load Diagram,bearing the US Coast Guard Marine Safety Center"Approved"stamp dated May 23, 2014, shall not be exceeded. Legible copies of these charts must be maintained in the crane operator's station in clear sight of the operator. Lifting is permitted only on Protected and Partially Protected Waters. The subject vessel may not conduct lifting operations while conducting towing operations. This stability letter shall be posted under glass or other suitable transparent material at the operating station in the pilot house so that all pages are visible. It supersedes any stability information previously issued to the vessel. K. B. FERRIE Commander, U. S. Coast Guard By direction Attachment: Lifting Capacity Diagram for the Jabco 808M-2S Crane bearing USCG Marine Safety Center"Approved" Stamp dated May 23, 2014 3 1031 I 00 c 1 A, to f1� Of, , / /jx, %l/�rii�ir� owl J fD Di f "Im;��ir / dl vrt 1//1r i 1032 UI uuuuuumiiiiiiiii uuuuuuuuuuWmlllllllllliilllll I uullllll���� III II uulll'6mul iiiiil,uml I I (��� n IVI IIIU Imuo IIO II luau a !I�III � r I 4 u�l�y ism w�u , rf r r� �� � l� ��� /�/��/r%�,/i�i,��i//fj/i�r/r//i//i////i,14iU/ir ';-rl�%,i /r !i/o///i// '✓// �i i��, my u aNl Owl nit r •� w f u., (((Il i 1033 i�j jib�' uuu u��l�llll�im� �G�j IIIIIII�II�I� fib wror� � r �� �/����,�✓//%����//�� r/i%/���i�/rrr,=. /rI/i r � //i � rrr" ' / �!I/ " 00�j�' �1(,1 11 r,�1�1���//a��ij/�/��i r,�/ij�i � rii, /, r ✓/ // ii/i/ , / um'WX� �9�` o ��// J//r ,/ir i r ririv l/r//r lr /l/// /ii r// ril! r ✓/ r / r;i r 1034 i �o r / U if ion= 1 / � 1 ,' ®� 'IN 0 La CD 1-1 Ln La I-T min III 1035 ��I��/� II�I uq i rr��'r�r♦7��1V1 i 1 I r it /� l ✓rr��� �' a /r / i i r r r r r f� r / ;1 i± rrr r / 1036 9 B Il llllllllllltilllllllllll � ' CD CD iIIllllll�W 1037 '- (jr% I. ➢�� r w r// ////i//"" g � , mmu�i Iola u� / r n/��%/r✓a rr / /i ��j���%ij, '%i�/%��1i� i ,' rr ����i// ,r%/r � a � ,v,, �aai�✓/!/'1�/�i%i i ir�i rji ,�/%/r //������ /���"%11 r i r i r i�i'- �y �JI ar rfl � ,/a I y i J�rr uw r/ Il i it a' µ ,� ✓ r �� a / ,1/i,,, IJ 'I/�ii// I l 1 � ryry r rya E /r"y" 1038 girls r� u i 1 ii'nw � y c w. w 1039 r 13i t . r " y w r I y I J f h y / 1 ( r 1040 �j` Pit D 1 1041 MY 10 Mil DHS,USCG,CG-1270(UV.01-23) Ol's APPROVED 162 5-0027 UNITED STATES OF AMERICA DEPARTMENT GE HOMEELAND SECURITY UNITED STATES COAST GUARD f NATIONAL VESSEL DOCUMENTATION CENTS -CERTIFICATE OFDOCUMENTATION VESSEL NAME OFFICIAL NUMBER IMO OR OTHER NUMBER YEAR COMPLETED ATLAS' 1300842 C-1269 2020 HAILING PORT HULL MATERIAL MECHANICAL PROPULSION ' MIAMI FL STEEL NO GROSS TONNAGE NET TONNAGE LENGTH BREADTH DEPTH 297 GT ITC $9 fVT ITC - _- _- 195.0 39.9 3.9 PLACE BUILT _ MORGAN CITY-LA OWNERS OPERATIONAL ENDORSEMENTS BtSCRYNE TOWING&SALVAGE iNC REGIS: RY'" COASTWISE MANAGING OWNER BISCAYNE TOWING&SALVAGE INC 1635 N BAYSHORE DR PO BOX 432050 MIAMI FL 33243 f RESTRICTIONS NONE ENTITLEMENTS " NONE REMARKS NONE ISSUE DATE MARCH 19,2024 t TH16 CERTIFIGATE EXPIRES I' f APRIL30,202v DIRECTOR,{NATIONAL VESSEL DOCUMENTATION CENTER r raasn++tharu�•urrtauaoaxoraicsiar: . .:... _ - - — - , " ,:'Y j' 41100HRAD µ,w SHIPVARD C1269 Stability Report DocumentNumber-, Lee E.Jerry Reviewed by: 1/15/2020 Revision Revision Description Revision mate 1043 Listof Figures................................................................................................................................................2 Listof Tables.................................................................................................................................................2 Introduction.............a......,,....................,........................... ...........,.,.......... Software........................................................................................................................................................3 StabilityCriteria.............................................................................................................................................4 Load Line Limit:46CFR Subchapter E..........................................A........................—..................................4 USCG Weather Criterion:46CFR170.170..................................................................................................4 USCG Righting Energy Criterion:46CFR174.015.......................................................................................5 CalculationNotes............... ..........................................................................................................................5 Results...........................................................................................................................................................6 LoadLine.... . ......... . ................ . ....... . .......... . 6 Loading......................................................................................................................................................6 IntactStability.............. ......................................................................................................................6 Appendix A—Load Line Calculations Appendix B—Intact Stability Calculations Appendix C—GHS Output Conrad Shipyard, LLC Page 1 of 8 C1269-843-R1 Rev 0 1044 List of Figures Figure 1BargeGenera|Arnangement--------------------_--_-----------'] Figure GHS Model................................... — ............ ................................ _.---........... .....................4 Figure 3 Intact Stability Summary Plot....... .............. ....... .......... ............ .......... ................................ — ... Figure4 Load Chart bv Weight............. — .......... ................... ........................................... ...... — .........8 Figure5 Load Chart bv Draft............................................~.......................................—............ ...............8 List of Tables Table 1 Calculation Summary Table.................. ............................ --_— ......... —_--_ ............. --'6 Table 2 Weather Criterion Stability Calculations.... ---............-----_--- ...... —........Appendix 8 Conrad Shipyard, LLC Page 2of8 C126Q-843-R1 Rev � Intro on The purpose of this report is to present the results of the stability analysis of a spud barge for Biscayne Towing 8'Salvage, Conrad hull C1269. The barge is named "At!as" and has the Official Number 1300842. The Principal Characteristics used in this booklet are asfollows- Length 1191-9" Beam 39'-11° Depth 81-11" Lightship Condition Weight I98.2st LOG G1,35ft aft Frame O TCG O.Oftto stbd V[G 5.37ftabvBL Draft (Mean) I3Oft(in SW) The hull characteristics are based nn the molded hull. The plan and profile views of the barge are shown in Figure 1. Ngmre1.BargeGenerafl Arrangement &Aware Hydrostatic and stability calculations were performed with GHS computer software by Creative Systems, Inc. GHS was used to calculate the hydrostatics and the maximum allowable VCG of the vessel based on the various stability criteria. The allowable cargo VCG is derived from the resulting combined maximum VCG and is then plotted against the cargo weight.The GHS model of the hull is shown in Figure 2. Conrad Shipyard, LLC Page 3of8 C12OQ-843-Ri Rev O 1046 � Ngune2 GrIS klode Stability Criteiia The following stability criteria were used to evaluate the stability of the subject vessel. ��af,-1. ]JX�e I,Ji�,-.n,-D-: 4,6CFR Su.bdhapter E The Load Line indicates the noauinounn waterline towhich the vessel can be legally loaded to ensure the general seaworthiness ofthe intact vessel and ensure the vessel/s loaded safely. The draft iS determined by calculating the required freeboard per the rules based on the standard freeboard and a series ofcorrections. ��S�G Weatheir (`.�;Aterfmjn: 4,6('.,FR'1`�7'0,1 71�) This criterion defines minimum nnetacentrioheight required based on the wind speed' projected profile area and displacement. |t assumes that the deck cargo extends the length of the barge, is homogenous, and that the cargo VCG is 50%of the cargo height above the deck,Any loading condition that exceeds these assumptions should be carefully examined to ensure compliance with the stability criteria. 4 spread sheet was used to calculate the maximum deck cargo height at a range of drafts. GHS provided the displacement,the height of the meta[eDt2rabove the keel and the profile area for the various drafts. The spreadsheet employed a "goal seek"function to vary the cargo height and calculate the equivalent GM,eq,,i,,d.The calculation is based on hydrostatic properties from GHS,the assumption that the deck cargo VC@is 50%of the height above deck, and the lightship VCG from the weight estimate. Conrad Shipyard, LLC Page 4of8 C128S-843-R1 Rev O 1047 _ LISCA"i ffi E.r.�,.effrgy 4("U-11,174,015 This criterion defines a minimum righting energy under the righting arm curve required for the barge. The righting energy criteria was carried out using the MAXVCG function in GHS.The criteria required a minimum area under the righting arm curve nf15 ft-deg(ocean service)from Oto the angle of maximum righting arm,40 degrees, or the clownflooding angle, whichever is smallest.The allowable cargo VCGiS then derived from the resulting combined maximum VCG. The maximum allowable VCG was found by6HS for a series of drafts upto the load line limit. This total VCG is comprised of two components:the known items(lightship) and the variable item (deck cargo). The latter weight is determined by subtracting the lightship from the displacement at the given draft. The VCG of the deck cargo is then determined by taking the total moment (at the maximum calculated VCG) and subtracting the moment of the lightship and the free surface correction, and then dividing by the weight of the deck cargo. Finally,the cargo VCGis then referenced tn the main deck bysubtracting the hull depth. This calculation is shown by the following equation: VCG = ` '`^~^ ^'~' - — D cm�o A ruuzl _ A zivut Calculatiori Notes 1. The calculations are based un the molded dimensions. 2. Lightship weight and LCG were derived from a similar barge.The lightship weight of that barge was taken from the deadweight survey results, and then the deck gear subtracted out,the structure scaled to the current barge and the applicable deck gear added back on.VCG for the hull structure was assumed to be at 60%of hull depth and then combined with the deck gear. 3. The spuds are not included in the lightship weight and are to be included as part of the cargo. 4. All distances are measured from: a. Frame O, positive aft. b. Centerline, positive tostarboard. c. Baseline, positive up. 5� The calculations are for sea water with specific gravity of1.OZ5' 6. All weights are in short tons ofZOUOlb. 7. Nodovvnf|oodinQ points were used on the barge' as all openings are watertight. & The weather calculations were run for ocean service. Q. A maximum cargo VCGof2Uft was used. 10. There are no baUOSt tanks ODthe barge, so the maximum free surface moment iSzero. 11. Calculations were performed at zero trim. Conrad Shipyard, LLC Page Sof8 C12GQ-843-R1 Rev 1048 Results Load Line The Load Line draft was determined tobe7.UO3ft. The Load Line calculations are given in Appendix A. TL o a d i ri g The loading conditions from GHS are included in Appendix C.The 85%depth condition is shown as well as the loadline draft condition.The lightship condition at 298.17 st displacement is given both free floating and at even keel. Stability Deck cargo VCGs were found using both the weather and the righting energy criteria, The summary results are given in Table l. The weather criterion detail calculations are included in Appendix B. The GHS output files are included in Appendix C. A combined plot of the curves of CARGO WEIGHT vs. CARGO VCGis given inFigure 3. The cargo VCG )s referenced to the main deck.The final load charts are shown in Figure 4 and Figure 5, as cargo VCG versus cargo weight and draft, respectively, Tai-tozca�cm|at[omS�"rmnnaryTa�-[m Weather Criteria Righting Energy Criteria Limiting Conrad Shipyard, LUC Page 6of8 C12GQ-B43-Fl1 Rev 1049 50 4540 w [ 35'� o_. ...,.,.. _,._ .,.,.,... -------- -45 _ w 25 m � I 20 - 1 10 t 5 _ I 0 100 200 300 400 500 500 700 800 Cargo Weight,ST --o---Weather Criteria -E- Energy Criteria --Load Limit Figure 2, �u"bta t wutl bflf'iy Sjur11"OPk'ary Not Conrad Shipyard, LLC Page 7 of 8 C1269-843-R1 Rev 0 1050 ATLASiChart ON 1300842 25 20 1 u 10 � MASTER SHALL LOAD DECK CARGO SO THAT THE LOADING CONDITION FALLS BELOW THE CURVE q� rD 0 200 400 600 800 Cargo Weight, ST ATLAS i r ON 1300842 20 .. , _.. 15 10 � MASTER SHALL LOAD DECK CARGO SO THAT THE 0 LOADING CONDITION FALLS BELOW THE CURVE am m r 0 0 2 4 Mean Draft C Conrad Shipyard, LLC Page 8 of 8 C1269-843-R1 Rev 0 1051 Appendix .- Load Line Calculations 1052 Given 119.75 ft B Given 39.917 ft �4i„I Uu�l�lc, lll4 1nftY,a� �� D Given 8.917 ft i I�II� i«ta �yµiriia17a�li��ftif�� Given 0.5 0.5 i n. �n(I�e inh rttm uovl hat�llll�itl w�n Ilu huanlMwkY �o is tllhvn�he!ane4tt`dim Irea��i��l I Given 0,375 in. L 96%L0A 115,040 f Ireammr<�V@�I�'��Iv "siouwoVal di. 0.85D 7,606 ft Uv`ef`Ilu�,A�;;a�`p �����1���������� ��1�� V GHS 33,960 ft3 Cb V/(L*B*a1) 0.972 �Vallli l�l'i'�91vn�rA��tdNmi,ImJl4p..lum`��, II ��, B f110 "fable 42.20-15(b)(1) 10.8 in. mli° i i mW� Ny�a m�l��m� am��l F120 Table 42.20-15(b)(1) 11.9 in. f interpolation 11.35 in. No �III�iYMNaN�MIhIikUYN�0.VhlN���1�m�11��ItldIJN1wNI111YN41iMa Jf>)lll lWuOlIMIY 1W�11 11 o fouat� ul�la i�� �P mii6�Ni"Y�iN� ��e�n� El 0 ft �i;u�riilfi�„ al^�W,� iMuio�uwi�d� !uuI�nt� 0.09*(328-L)*(0.35-E1/L) 6.708 in. wnurGiJl�l�+�aa ei!!'iv"l uurvu .Iiav rwi ar m!at•Wr,�i"�w�paa�cvn�(CIuM i mla i�r I�nml@unvd"ka Ird�a y� p �'` µ 5 nrimhWDuniltl(a�u�riN ur iaru w�;li✓i,(uil l��ii,�rli/�dg���,Wig'71rcia ti�oiAtfouldMla�eHafiW�'wkaVus�Yii ltto�ivaStr (W�.„„�GA"'�^0. 8) 1.36 , ..,' L/15 7.67 ft Df>L/15 Yes N r) �ma{ m1111; 1 ` �" a` �° 7..Y,.ry IINIVNYdm��u�aUtlHli@u'h1a��Nfl�fY Nia'Ji,7uwYNiR911VIIw ��VtlNU1164Ntilua� l�l in����� ��� 4 _ in. 14,327 in. 21 491 in. 0.000 in. average 10.75 in. I M�II lYal IX ttdNiW41i'n%lllb�kbAll 0.7 -8/ *L 0.75 Deficient *Factor 8.0,59 in. No 11,35 in, ''���,IYNr�7eU INhG"I�Y Ii ��Wi �dU,'4' �fiRpal"41� 6,71 in. IialYlliZ�V&Iu�;IMNml�wliH�ii���Na�snvw�llu'�6\Po �1lt�aoi118Xlti�w'iv����� ���� �:. :5 ouwi �io 21.95 in. 1..12 in, 0 in. 8ro0 i n. 31,13 in. 738 in. ai �+na/umsafimiau��lufalMilm I mua i puul�oay pu e19i �� 9�I!1°\\ o'a bo aiti�d m�'awnimi�!o�r� Nal�1� r 23,345 in. �IilNxGni vf!ruatonlaunfRnva�kii'�v�tvkltlki)Ilmwrtano�u ilalaiiYa'mNwNlaw�ughll ������ 1053 Appendix B , Intact Stability Calculations 1054 -0 -0 r, m 0 r, m 0) to 00 N r, 00 � q mlfl NLn M1 lzr to C) L�no (-'ZOT Nm MN 0�0 71 m w N �o r' bn %D rl 'll 0) M Ln 00 0 r14 m Ln 0 Qj lzs W H Izj: W li lzr W li - r� Iq m oo oo r, Lo Lo Ln -zf ci m cj�D r,1 W 0 1-1 li r, 00 U) 0 N r- w r4 w 0 N Ln N I-i m r- r" C• M M rn N N N rq H 1-1 H Ln Lu a w m 1-1 kD IH N Lo m m m N N c U - �t -! Ufl h lD cr! 1p M1 9 LQ 9 r-• 0 > 0 f-I 4m MNMNLn "I C14 I-qo u (o L, 0 N rl w u u RP 't lD -1 M m CT� Ln m rl� Cl lg� -1 > m w IT m r, m �H I-i m m m N N N N N N CY m W m W vi �i i ,d l6 d 6 r-: r--z u (D � H Zr I-i fl, m 0 Ln M m N m m w �jo m 8 m -I m C-4 co N Q, - - - Lp M1� , - W ,� Wrl 6 ci e r, �,d ld Ln -tt t m m m N w w r, O li N Ln N M 0 w ko m ro m rq W Itzr (14 LD 0) L-1 m O N Ln O t 0) Ln -! 0 w tx 't m m m m la Q u zt Ln co W p OVA O (6 (.6 t.6 w N w rl w m m 0 U) W rl (.0 Ln Ln 't lzt m m NN N O a rq r-h li rV Cr IR OO C) LQ M Ln 0 m W m 1-4 H N rl w (,0 Ln Ln CT m m N N N rn o r, ct m m w N N 0 m CO 0 N m N w 0) 6 W r-� CO r--� fill) 00 lo U) Cj M -i A --I 75- '-0-—0 0 0 0 C� . . . . C� q O 0 0 0 0 0 0 0 0 0 0 0 0 V'4 U to LL r, 00 H r m O q, r1l 'T W 00 C) W m r rn co (D r, 00 of of w w N W 1.0 ter" C) q ls. Ln Un llo � > H o6 ryi ai l6 cyi 0 w w It m 0 N CIJ N r4 14 H I-q 1--i Ln U 0 U> CD cl� C� C� LQ rl w M1 w I-i It w m m Ln W m 0 N It CN (71 Lo It H at 0) m > N J IH H rq m m Cr Ln LD W (D u lu Iq r, m m 00 N 00 Lf) -4 m r-I 0 �t m 00 ;4: h Ln 0O rn a) C) 'n > rj L.6 h t4 <6 m 0 00 w Ln Cri cyi < Q0 Ln It Z*l m m m rq fli N rq (N 5 (D -,T-F 77-FZ'15l'�P-H-d 77 n CV LP) Lf) M q 1' LO Lfl li cr cyl LDMI� Itm moo �* I-i m N r, W a) Qo N W Ln H M M -q w w N rJ M -zt It M LD 1.0 N W M W CP , -F 0) Ln rn W F, F, ap cn. WLn m rl m N w 1-4 N m -ZT rn to m m N d' r-i a) tD et -1 0) 0) m 'r It Ln W W r, 00 m a) a) 0 Ln o u-i Lb ld r- r� M C, .E OD 0 1055 Appendix HS Output 1056 1. Loading Condiflons 2. Fiydrostatics 3. Weather Criteria—46CFRI70.170 4. Righting Energy—4.6CFRI74.015 1057 01/15/20 11:57:51 Conrad Shipbuilding / Conrad Industries, Inc. Page I GHS 16.88 85% DEPTH DRAFT C1269 Part: HULL Component: HULL.0 Side: CL Effectiveness: 1.000 Origin Depth: 7.606 Trim: zero Heel: zero HULL.0 COMPONENT FORM Volume = 34020 Cubic Ft LCB = 63.57a TCB = 0.00 VCB = 3.92 B L 0 C K D I M E N S 1 0 N S Length = 119.75 Breadth = 39.92 Depth (deepest point) = 7.61 Length/Breadth = 3.00 Length/Depth = 15.74 Breadth/Depth = 5.248 Breadth - Length/10 = 27 . 94 Ft Block Coefficient = 0.936 Displacement-Length Ratio = 565. 9 Length-Volume Ratio = 3.70 W A T E R P L A N E Area = 4780 Square Ft LCA = 59.88 TCA = 0.00 Moments of Inertia: IL = 5.712E+06 Ft^4 IT = 6.347E+05 FtA4 Length = 119.75 Breadth = 39.92 Waterplane Coefficient = 1.000 M A X I M U M S E C T 1 0 N Area = 303.6 Square Ft Coefficient = 1.000 P R I S M A T I C C 0 E F F I C I E N T S Cp = 0.936 Cvp = 0.936 ------------------------------------------------------------------------------- Part: HULL Deduction: WELLFWD.P Side: PORT Effectiveness: 1.000 Origin Depth: 7 .606 Trim: zero Heel: zero WELLFWD.P COMPONENT FORM Volume = 30.42 Cubic Ft LCB = 29.75a TCB = 17.81p VCB = 3. 80 B L 0 C K D I M E N S 1 0 N S Length = 2.00 Breadth = 2.00 Depth (deepest point) = 7.61 Length/Breadth = 1.00 Length/Depth = 0.26 Breadth/Depth = 0.263 Breadth - Length/10 = 1.80 Ft Block Coefficient = 1.000 W A T E R P L A N E Area = 4.000 Square Ft LCA = 29.75 TCA = -17.81 Moments of Inertia: IL = 1.333E+00 Ft^4 IT = 1.333E+00 Ft'A Length = 2. 00 Breadth = 2. 00 Waterplane Coefficient = 1.000 M A X I M U M S E C T 1 0 N Area = 15.21 Square Ft Coefficient = 1.000 P R I S M A T I C C 0 E F F I C I E N T S CP = 1.000 Cvp = 1.000 ------------------------------------------------------------------------------- 1058 01/15/20 11:57:51 Conrad Shipbuilding / Conrad Industries, Inc. Page 2 GHS 16.88 85% DEPTH DRAFT C1269 Part: HULL Deduction: WELLAFT.P Side: PORT Effectiveness: 1.000 Origin Depth: 7.606 Trim: zero Heel: zero WELLAFT.P COMPONENT FORM Volume = 30.42 Cubic Ft LCB = 83.08a TCB = 17 .81p VCB = 3.80 B L 0 C K D I M E N S 1 0 N S Length = 2.00 Breadth = 2.00 Depth (deepest point) = 7 .61 Length/Breadth = 1.00 Length/Depth = 0.26 Breadth/Depth = 0.263 Breadth - Length/10 = 1v80 Ft Block Coefficient = 1.000 W A T E R P L A N E Area = 4.000 Square Ft LCA = 83.08 TCA = -17.81 Moments of Inertia: IL = 1.331E+00 Ft^4 IT = 1.333E+00 FtA4 Length = 2.00 Breadth = 2.00 Waterplane Coefficient = 1.000 M A X I M U M S E C T 1 0 N Area = 15.21 Square Ft Coefficient = 1.000 P R I S M A T I C C 0 E F F I C I E N T S Cp = 1.000 Cvp = 1.000 -------------------------------------------------------------------------------- 1059 01/I5/30 1I:57:51 Conrad Shipbuilding / Conrad Industries, Inc. Page 3 G8G 16.88 LIGHTSHIP CI269 WEIGHT and DISPLACEMENT STATUS Baseline draft: 3.086 0 Origin Trim: Fwd 0.75 dog, , Heel: Port 0.82 deg. Part------------------------------Weight(ST) ----LCG-----TCG-----VCG WEIGHT 298.17 6I.35a 0.00 5.37 GpGz------Diepl(3T) ----LCB-----TC8-----VCB------RafHt HULL I.026 298.18 6I.29a 0.00 1.I7 -3.09 ______________________________________________________________________________ Qightiog Arms: 0,00 0,00 Distancesin FEET.------------------------------------------------------------ 8YDRD8TATZC PROPERTIES Trim: Fwd 0.75 deg, , Heel: Port 0.02 deg. , VCG = 5.37 LCF Displacement Buoyancy-Ctr. Weight/ Moment/ Draft----Weigbt (ST) ----LCB-----VCB-----Inch-----LCF--Deg trim----GML-----GMT 2.231 298.18 61.29a 1.17 11,57 65.32a 3374.62 456.2 57.35 Distances in FEET.-------Specific Gravity = I.O25.-----------Moment in Ft-GT. Draft is from Baseline. Baseline Draft @ 0.00 = 3'086 Draft @ Fr 3: 2.815 Draft @ Fr 17.75: 1.539 Baseline Draft @ II9.75a = I.5I9 CG - Draft: 3.09 @ 8,00 Trim: fwd 0.75 deg. Heel: port 0,02 deg, 01/15/20 11:57:51 Conrad Shipbuilding / Conrad Industries, Inc. Page 4 GHS 16.88 LIGHTSHIP - EVEN KEEL, C1269 WEIGHT and DISPLACEMENT STATUS Baseline draft: 2.232 Trim: zero, Heel: Port 0.02 deg. Part---------------------------------Weight(ST) ----LCG-----TCG-----VCG WEIGHT 298.17 61.35a 0.00 5.37 SpGr------Displ (ST) ----LCB-----TCB-----VCB------RefHt HULL 1.025 298.21 67.33a 0.01s 1.13 -2.23 ------------------------------------------------------------------------------_- Righting Arms: 5.98a 0.01s Distances in FEET-------------------------------------------------------------- HYDROSTATIC PROPERTIES No Trim, Heel: Port 0.02 deg. , VCG = 5.37 LCF Displacement Buoyancy-Ctr. Weight/ Moment/ Draft----Weight(ST)----LCB-----VCB-----Inch-----LCF--Deg trim----GML-----GMT 2.232 298 .21 67 .33a 1.13 11�46 65.84a 2304.46 442.7 56.71 Distances in FEET.-------Specific Gravity =gym 1.025.-----------Moment in Ft-ST. Draft is from Baseline. Baseline Draft @ 0.00 = 2.232 Draft @ Fr 3: 2.232 Draft @ Fr 17.75: 2.232 Baseline Draft @ 119e75a = 2 .232 Condition Graphic - Draft: 2.232 Trim: zero Heel: port 0.02 deg. __----.-.._..._.._._----- ----__._....____......_.__._.......... I 1061 01/15/20 11:57:51 Conrad Shipbuilding / Conrad Industries, Inc. Page 5 GHS 16.88 LOAD LINE DRAFT C1269 WEIGHT and DISPLACEMENT STATUS Baseline draft: 7 .003 Trim: zero, Heel: Port 0.02 deg. Part-------------------------------Weight (ST) ----LCG-----TCG-----VCG WEIGHT 994.45 61.35a 0.00 5.37 SpGr------Displ (ST) ----LCB-----TCB-----VCB------RefHt HULL 1.025 994.45 63.92a 0.02s 3. 60 -7 .00 ---------------------------------------------------------------------------- Righting Arms: 2.57a 0.02s Distances in FEET.---------------------.---------------------------------------- HYDROSTATIC PROPERTIES No Trim, Heel: Port 0.02 deg. , VCG - 5.37 LCF Displacement Buoyancy-Ctr. Weight/ Moment/ Draft----Weight(ST)----LCB-----VCB-----Inch-----LCF--Deg trim----GML-----GMT 7.003 994 .45 63.92a 3.60 12.72 59.88a 3156.05 181.8 18 .57 Distances in FEET.-------Specific Gravity = 1.025.-----------Moment in Ft-ST. Draft is from Baseline. Baseline Draft @ 0,00 - 7.003 Draft @ Fr 3: 7 .003 Draft @ Fr 17.75: 7 .003 Baseline Draft @ 119.75a = 7.003 Condition Graphic - Draft: 7 .003 Trim: zero Heel: port 0.02 deg. 1062 0I/15/30 10:47:40 Conrad Shipbuilding / Conrad Industries, Inc. Page 1 GBG 16.88 HYDROSTATICS C1268 HYDROSTATIC PBDP8BTZEG No Trim, No Heel origin Displacement Center of Buoyancy Depth----Weigbt(ST) ----LCB-----TCB-----VCB-----WPA-----LCF------BML-----BMT 2.233 398.19 67 .33a 0.03o 1,13 4381 65.79a 448.4 61'12 2.500 335.30 67 ,14a 0.D3o 1.26 4331 65.42a 407.2 54.74 3.000 404.92 66.78a 0.03a 1.53 4386 64.73a 350.I 45.90 3.500 475.52 66.42a 0.03a 1.78 4441 64.04a 389.4 39.57 4.000 547.00 66.07a 0.03s 2.03 4496 63.34a 279.2 34.83 4.500 619.37 65.71a 0.03o 2.29 4551 62,65a 255,8 31.14 5,800 692.62 65.35a 8,03a 2.56 4606 6I.96a 237.0 28.17 5'500 766.75 64. 99a 0.03a 2.81 4662 61.26a 222.0 25,77 6^000 841.76 64.63a 0-03a 3.08 4717 60'57a 209.5 23.75 6.500 917,66 64.26a 0.03o 3.34 4772 59.88a 198.9 22.04 7 .000 983.99 63.92a 0.03s 2.60 4772 59.88a 183,7 30.35 7 .003 944.45 63-92a 0.03s 3.68 4772 59.88a 183.6 20.34 Distances in FEET.-------Specific Gravity = 1.025--------------------------- HYDROSTATIC PROPERTIES No Trim, No Heel, Fixed VCG = 0.00 LCF Displacement Buoyancy-Ctr. Weight/ Moment/ Draft----Weigbt(3T) ----LCB-----VCB-----Inch-----LCF--Dmg trim----KML-----KMT 2^232 298,19 67 .33a 1.12 11.47 65.79a 2339.65 449.5 62.24 2.500 336-20 67.14a 1.26 11,55 65.42a 2389.64 408^4 56.01 3.000 404.92 66.78a 1.52 11. 69 64^73a 3485,16 351. 6 47,42 3.500 475.52 66.43a 1.78 I1.84 64,04a 2583,23 3I1,3 41.34 4.000 547.00 66.07a 2,03 11.99 63.34a 2685,24 281.2 36.87 4.500 619.27 65.71a 2.29 12.13 62.65a 2789'88 258-1 33.43 5.000 682.62 65.35a 2,55 12,28 61, 96a 2896,70 239'6 38'73 5.500 766.75 64.99a 2.81 12.43 61.26a 3008, 68 224'8 28.58 6.000 841.76 64.63a 3.88 12.58 60.57a 3122.78 212,5 26.82 6.500 917. 66 64,26a 3.34 12,72 69.88a 3248.20 202.3 26.38 7.008 993. 99 63.92a 3. 60 12.72 58.68a 3249.21 187 .3 23.95 7 .003 994.45 63.92a 3.60 12.72 59.88a 3249.26 187.2 23.94 Distances in FEET.-------Specific Gravity = I,025.-----------Moment in Ft-ST. Draft is from Baseline. 01/15/20 10:47:40 Conrad Shipbuilding / Conrad Industries, Inc. Page 2 GHS 16.88 HYDROSTATICS C1269 'rLT`t"T T-1T'��r-n-TT-1-7[=-I-T-�"i_TT JTTITFriTY-�-r..n-7-pTrr-�-7-Tf-I�'TI-r"n-r"i-n-�r'-t-i-I-�-r'r'�rT'�-rTT4-n'7-r-777-r7-1'-r-r-r qV�' W i I I I i I l I I m r{ I I •` I I I I I I p�� W --- ..--_ 44 a N o a H n (.N� i I i I I I OOO II v _ b m --- -. _..--------- _L L__ _---'---- L N -- _/ I 1 71. O O �a it I e� N H i I p v< 1 •S l _ o (� W Ei 0 W 0 II {Y W � � i `•. I �\ I i i t � I I - O � � �I O N �p �t � O W Q W N I I •� 91 U H H �r 4J �J � 1 I �✓ ` I 1 , 1 ` � - 0 H Wm I - _ — _ � U T - '1' 1 I I i I I I l I I I ro04 ~Ati I � m I I I I I I r•I N N tI I I I i II I O I 0 Q II I I I i I I I I I I i U M m Vrr qWq// _ .._..... m I I i I I I i � Q N ✓ W m 04 mm m mm J_LIL.1.1.J>L]11J_L.LA_A..!_L.LLI.MJ...4.L..1.L_L�_L1.1_J..I..LI.J_L �1_.t..1_,LLIJ�_L.1._I.-A.1_LW_.L.i_L_I.J _LL�.Ll_LL Yv h ✓ LQ in N to m m N OOO Bas elin� Draft 1064 0I/15/20 I0:47:40 Conrad Shipbuilding / Conrad Industries, Inc. Page 3 G8S I6.88 HYDROSTATICS C1369 LATERAL PLANE STATUS Baseline draft; 2.232 Trim: zero, Heel: zero Part-------------------------------LEA------LCP-----BCP-------LPA------LCP-----BCP HULL 225.7 67.58a -l.lO 748 .0 6I. 92a 3.41 Distancesin FEET------------------------------------------------------------------- LATERAL PLANE STATUS Baseline draft: 2.500 Trim: zero, Heel: zero Part---------------------------LPA------LC9-----BCP-------LPA------LCP-----BCP HULL 253.9 67,36a -I,23 719.9 61.78a 3.27 Distances in FEET------------------------------------------------------------- LATERAL PLANE STATUS Baseline draft: 3.000 Trim: zero, Heel: zero Part---------------------------LPA------LC9-----HCP-------LPA------LCP-----BCP HULL 306.4 67 .05a -I,48 667 .3 6I.48a 3.0I Distances in FEET------------------------------------------------------------- LATERAL PLANE STATUS Baseline draft: 3.500 Trim: zero, Heel: zero Part---------------------------LP&------LCP-----BCP-------LPA------LCP-----BCP HULL 359.3 86.76a -1.72 614.4 6I.I7a 2.75 Distances in FEET. ----------------------------------------------------------- LATERAL PLANE STATUS Baseline draft: 4.000 Trim: zero, Heel: zero Part---------------------------LPA------LCp-----8CP-------LPA------LCP-----BCP BULL 414.0 66,2Ia -I.96 559.7 60. 96a 2.49 Distances in FEET------------------------------------------------------------- LATERAL PLANE STATUS Baseline draft: 4,600 Trim: zero, Heel: zero Part---------------------------LB&------LCP-----8CP-------LP&------LCP-----BCP HULL 468.7 65. 96a -2.20 605,1 60.70a 2.23 Distances in FEET.------------------------------------------------------------ � ` 0I/I5/20 I0:47:40 Conrad Shipbuilding / Conrad Industries, Inc. Page 4 GHG 16.88 HYDROSTATICS C1369 LATERAL PLANE STATUS Baseline draft: 5.000 Trio: zero, Heel: zero Part---------------------------LPA------LCP------HCP-------LPA------LCP-----HC2 HULL 523.6 69.66a -2,44 450.2 60.41a 1. 97 Distances in FEET------------------------------------------------------------- LATERAL PLANE 3rATO8 Baseline draft: 5.500 Trim: zero, Heel: zero Part---------------------------LPA------LCP-----BCP-------LPA------LCP-----8CP BULL 580,4 55.2Ia -2. 68 393.4 60.3Ia 1.72 Distances in FEET.-------------------_-__-________-________------------------- LATEDAL PLANE GT&TDG Baseline draft: 6.000 Trim: zero, Heel: zero Part---------------------------LPA------LCe-----BCP-------LPA------LCP-----8Cg BULL 637.2 64.85a -2.92 336. 6 60.18a 1.46 Distances in FEET------------------------------------------------------------- LATERAL PLANE STATUS Baseline draft: 6,500 Trim: zero, Heel: zero Part---------------------------LPA------LCP-----BCP-------LB&------LCg-----BCg HULL 694.O 64.54a -3,I6 279.8 59. 98a 1.21 Distances in FEET-------------------------------------------------------------- LATERAL PLANE STATUS Baseline draft: 7 .000 Trim: zero, Heel: zero Part----------------------------LPA------LCP-----8CP-------L9A------LCP-----8CP HULL 751.8 64.19a -3.39 221. 9 59.89a 0.96 Distances in FEET------------------------------------------------------------- LATERAL PLANE STATUS Baseline draft: 7 .003 Trim/ zero, Heel: zero Part---------------------------LPA------LCP-----8CP-------LPA------LCP-----HC9 BOLL 752.2 64.I9a -3.40 221.5 59. 99a 0.96 Distances in FEET.-----------------------------_________--_________----------- 1066 01/15/20 10:47:40 Conrad Shipbuilding / Conrad, Industries, Inc. Page 5 GHS 16.88 HYDROSTATICS C.1269 1067 01/15/20 11:52:57 Conrad Shipbuilding / Conrad Industries, Inc. GHS 16J8 General HydroStatics C1269 1068 01/15/20 11:52:59 Conrad Shipbuilding / Conrad Industries, Inc. GHS 16.88 Untitled C1269 Required GM According to CFR 170. 170 1069 01/15/20 11:52:59 Conrad Shipbuilding / Conrad Industries, Inc. GHS 16. 88 46CF'R17O.17O C1269 WEIGHT and DISPLACEMENT and WATERPLANE STATUS Baseline draft: 3.086 @ Origin Trim: Fwd 0.75 deg., Heel: Port 0.02 deg. Part------------------------------Weight (ST) ----LCG-----TCG-----VCG WEIGHT 298.17 61.35a 0.00 5.37 SpGr------Displ (ST) ----LCB-----TCB-----VCB HULL 1.025 298.18 61.29a 0.00 1.17 ------------------------------------------------------------------------------- Righting Arms: 0.00 0.00 Part---------------------SpGr-----------WPA------LCF-----TCF-------BML-----BMT Total Waterplane----> 1.025 4339 65.32a 0.10p 460.5 61.55 ST/Inch-------Ft-ST/Deg-------GML-----GMT 11.57 2374. 63 456.2 57 .35 Distances in FEET------------------------------------------------------------ HEELING MOMENT specification Lateral Plane Method Wind pressure toward starboard Baseline draft: 3.087 @ Origin Trim: Fwd 0.75 deg. , Heel: zero Part---------------LPA*SF------HCP------Arm----Pressure----------Moment HULL 748. 4 3.38 4.49 0.00500 16.81 Distances in FEET.-------Pressure in ST/SgFt------------Moment in Ft-ST ------- GM required according to CFR 170.170 Weather Criterion -------- Freeboard: 5.830 Freeboard remaining after half of it immersed: 2.915 Heel at freeboard 2. 915 is 8 . 68 degrees (constant-displacement rotation) Lesser of this and 14 degrees: 8. 68 Heeling moment (PAH) : 16.81 Displacement (D) : 298.17 P: 0.00500 A: 748.428 H. 4A 91 (PAH) / (D x tan(8.68) ) = Required GM: 0.369 Current VCG: 5.370 Current GM: 58.063 ------------------------------------------------ GM Required = 0.369 Actual GM = 58. 063 ------------------------------------------------ 1070 01/I5/20 11/62:59 Conrad Shipbuilding / Conrad Industries, Inc. GB3 I6.88 46CFR170.I70 C1269 MAX VCG ----- Draft: 2.00 Trim: 0.00 degrees ----- Freeboard: 6.917 Freeboard remaining after half of it immersed: 3.459 Heel at freeboard 3.459 is 9.98 degrees (constant-displacement rotation) Lesser of this and 14 degrees: 9.98 Heeling moment (PAH) : 17.46 Displacement (D) : 266,36 P: 0.00500 A: 772.426 H: 4.520 (PAH) / (D x tao(9. 98) ) = Required GM: 0.372 Current KM: 69.027 Required VCG: 68.655 ----- Draft: 2.50 Trim: 0.00 degrees ----- Freeboard: 6.417 Freeboard remaining after half of it immersed: 3.209 Heel at freeboard 3.209 is 8,87 degrees (constant-displacement rotation) Lesser of this and 14 degrees: 8.87 Heeling moment (PAH) : 16.2I Displacement (D) : 335.20 P: 0.00500 A: 7I9,831 B: 4.503 (BAH) / (D x tao(8 .87) ) = Required GM: 0.310 Current KM: 56.003 Required VCG: 55. 593 ----- Draft: 3.00 Trim: 0.00 degrees ----- Freeboard: 5.917 Freeboard remaining after half of it immersed: 2,959 Heel at freeboard 2.359 is 8.14 degrees (constant-displacement rotation) Lesser of this and 14 degrees: 8.14 Heeling moment (PAH) � 14.97 Displacement (D) : 404. 93 P: 0.00500 A: 667.258 B: 4.486 (PA8) / <D x tao(8 .I4) > ~ Required GM: 0.258 Current KM: 47.405 Required nCG: 47'I47 ----- Draft: 3.58 Trim: 0.00 degrees ----- Freeboard: 5.417 Freeboard remaining after half of it immersed: 2.709 Heel at freeboard 2.709 is 7.49 degrees (constant-displacement rotation) Lesser of this and 14 degrees: 7,49 Heeling moment (eAa) : 13.72 Displacement (o) : 476.52 P: 0.00500 A: 614.319 B: 4.465 (gAB) / (D x tao(7 ,49) ) ~ Required BM: 0.2I9 0I/15/20 II:52/59 Conrad Shipbuilding / Conrad Industries, Inc. GBD 16.88 46CF8170.170 C1269 MAX VCG Current KM: 41.337 Required VCG: 41,118 ----- Draft: 4,00 Trim: 0.00 degrees ----- Fzeeboard: 4.917 Freeboard remaining after half of it immersed: 2.459 Heel at freeboard 2.459 is 6.83 degrees (constant-displacement rotation) Leooaz of this and 14 degrees: 6.83 Heeling moment <PAB> : 12.45 Displacement (D) : 547 .00 P: 0.00500 A: 559.669 8/ 4.448 (PAH) / <D x tao(6.83) > = Required GM: 0.I90 Current KM: 36.862 Required VCG: 36.672 ----- Draft: 4.50 Trim: 0.00 degrees ----- Freeboard: 4.417 Freeboard remaining after half of it immersed: 2.209 Heel at freeboard 2.209 is 6.I5 degrees (constant-displacement rotation) Lesser of this and 14 degrees: 6.15 Heeling moment (P&H) : 11.19 Displacement (D) : 619.37 g: 0.00500 A: 505,026 B; 4.432 (PAH) / (D x tau(6.I5) ) = Required G0; 0.I68 Current KM: 33.431 Required VCG/ 33.263 ----- Draft: 5. 00 Trim: 0.00 degrees ----- Freeboard: 3,917 Freeboard remaining after half of it immersed: I.959 Heel at freeboard 1.958 is 5.48 degrees (constant-displacement rotation) Lesser of this and 14 degrees: 5-48 Heeling moment (PAB) : 9. 94 Displacement (D) : 692. 62 P: 8.00680 A: 450. I66 H: 4.414 (PAB) / (D x tao(5.48) ) = Required GM: 0.149 Current KM: 30.727 Required VCG/ 30.578 ----- Draft: 5,50 Trim: 0.00 degrees ----- Preeboard: 3.417 Freeboard remaining after half of it immersed: 1.709 Heel at freeboard 1.709 is 4.80 degrees (constant-displacement rotation) Lesser of this and 14 degrees: 4.80 Heeling moment (PAH) : 8 . 65 Displacement (D) : 766.75 P: 8.00580 A: 293-368 B: 4.387 0I/15/20 I1:52:59 Conrad Shipbuilding / Conrad Industries, Inc. G8S I6.88 46CFR170.170 C1269 MAX VCG (PAB) / (D x tau(4. 80) ) = Required GM: 0.I34 Current KM: 28,579 Required VCG: 28 .445 ----- Draft: 6.00 Trim: 0.00 degrees ----- Freeboard: 2. 917 Freeboard remaining after half of it ioouezaed; 1.459 Heel at freeboard I'459 is 4.12 degrees (constant-displacement rotation) Lesser of this and 14 degrees: 4.12 Heeling moment (PAH) : 7.38 Displacement (D) : 841.76 P: 0,00500 A: 335.572 H: 4.383 (PAH) / (D x tau(4,I2} ) = Required GM: 0.122 Current KM: 26.823 Required VCG: 26.70I ----- Draft: 6,50 Trim: 0.00 degrees ----- Freeboazd: 2. 417 Freeboard remaining after half of it immersed: I.208 Heel at freeboard I.209 is 3.43 degrees (constant-displacement rotation) Lesser of this and 14 degrees: 3.43 Heeling moment (9AH) : 6.1I Displacement (D) : 917 ,66 P: 0.00500 A: 279.772 B; 4,370 (PA8) / (D x tao<3.43> ) = Required BM: 0.111 Current KM: 25.376 Required VCG: 25.265 ----- Draft: 7 ^00 Trim: 0.00 degrees ----- Freeboard: I,917 Freeboard remaining after half of it immersed: 0'959 Heel at freeboard 0'969 is 2'75 degrees (constant-displacement rotation) Lesser of this and 14 degrees: 2'75 Heeling moment (P&H) : 4, 83 Displacement (D) : 993. 99 g: 0.00500 A: 22I,892 H: 4.356 (PAB) / (D x tao(2.75) ) = Required BM: 0,101 Current KM: 23.946 Required VCG: 23.845 ----- Draft: 7 .60 Trim: 0.00 degrees ----- Freeboard: I'417 Freeboard remaining after half of it inomazo*d; 0.709 Heel at freeboard 0.709 is 2.03 degrees (constant-displacement rotation) Lesser of this and 14 degrees: 2,03 0I/I5/20 11:52:59 Conrad Shipbuilding / Conrad Industries, Inc. G83 16.88 46CFR170.270 C1269 MAX VCG Heeling moment (PAH) : 3.56 Displacement (D) : 1070.33 P: 0.00500 A: I64.018 B: 4,346 (PAB) / (D r tao(2.03) ) = Required GM: 0.094 Current KM/ 22.756 Required VCG: 22.663 MAXIMUM VCG re. DISPLACEMENT Heeling moment is present from: wind Trim = zero at zero heel (trim righting arm held at zero) Displacement SHORT TONS Max VC8 Source ______________________________ 266.36 68. 65 335.20 55,69 404,92 47.15 475.52 41.12 547,00 36. 67 619.37 33.26 692.62 30.58 766.75 28. 44 841.76 26.70 917. 66 25,26 893. 99 23. 84 1,070.33 22.66 Distances in FEET.---Specific Gravity = I.025,---d = degrees. }>>> Notice: Maximum VCG data was taken from an external source. <<<< Criterion: GM limit as in 46 CFR I70.170 O1/15/20 11:52:59 Conrad Shipbuilding / Conrad Industries, Inc. GHS 16A 8 46CFRI70.170 C1269 MAX VCG -r�r-r-r'rr7-r-I-�-�-r-rrr-�`r-r-r'r-�--r r.r_r�-r.-r�-r�-r-;,..n"7-'r'-rr-�r-rr-rr-n-r'r,.r.-r.-r-�...r7.-r..,r.r.r-('r�c-rr-�-'rrr-rr"r-r�r-r•jrrr'ryr_r.rr�'-rr-r�rl-r'rr-r�..r..r-I-r- -- - I 1 i I I I .•. � I I I I I I I I i I I I t I I I I I I I I I I 1 I I I - i I I I I I I I I i I__ 1 I I I I I I i e, 1 I I I I I I I I I I I I I I I I I I I I I I I I W I I i CO I I I 1 I f) l I I I J I 1 I I I I I I 1 1 I I - 1 ��¢fff •� .. I I I I I I I z Q----- LO '� x I i 0 N I I I p f C H M - I I I I r I I I ; •� p H }1 !I__ .--- --- -I- I I I I ( I I I I I i I i I I I I I / I I � •� •� W I f Y> 04 . i I I I 1 I 1 o I I I U i"� I I i I I I I ; I � •� i (4r Ti I Lr) I I I i i I I I I I I ( I I - r' I I O .-.._�...._. N ...... I , I ��,..I'"•, r I I I I I N I I I I i I 1 I I I,.,-•"`�•.�� 1 I i I I I I I ___.._,,..„..,_........ ...,.,,.. I I I I i I I I I 0 UI O U) O O 11) 0 n 0 h w l0 N 11) d' t+l ttl N N VCO (KO) in FEET 1075 01/15/20 10:54:44 Conrad Shipbuilding / Conrad Industries, Inc. GHS 16.88 46CFR174.015 C1269 WEIGHT and DISPLACEMENT STATUS Baseline draft: 3„086 @ Origin Trim: Fwd 0.75 deg. , Heel: Port 0.02 deg. Part------------------------------Weight(ST) ----LCG-----TCG-----VCG WEIGHT 298.17 61. 35a 0.00 5.37 SpGr------Displ (ST) .----LCB-----TCB-----VCB------RefHt HULL 1.025 298.18 61.29a 0.00 1.17 -3. 09 ------------------------------------------------------------------.------------- Righting Arms: 0.00 0.00 Distances in FEET,--------------------------------------------------------------- 46CFR174.015 (a) CRITERION NO DOWNFLOODING POINTS ON THIS BARGE MAXIMUM VCG vs. DISPLACEMENT Trim = zero at zero heel (trim righting arm held at zero) Displacement Margin SHORT TONS Max VCG LIM1 --------------------------- 298.19 38.24 0% 335.20 37 .24 0% 404.92 33.08 0% 475.52 30.44 0% 547 .00 27.77 0% 619.37 25.55 0% 692.62 22.73 0% 766.75 18„ 99 0% 841.76 15.74 0% 917.66 12„65 0% 993.99 9.79 0% 994.45 9.78 0% Distances in FEET.---Specific Gravity = 1.025.---d = degrees. LIM----------------STABILITY CRITERION----------------Min/Max (1) Area from 0 deg to MaxRA or 40 > 15.00 Ft-deg ----------------------------------------------------------------- 1076 01/15/20 10:54:44 Conrad Shipbuilding / Conrad Industries® Inc. GHS 16.88 46CFR174.015 C1269 _ .__.�_ ... _I_ _ 1`_.___I I 0 --I-- -T - - -I- T --I---- F- ---I----T- 0 ---- ----- - Z/ 0 0 I-- --4- V) OD wo DD 0 z 0 B LO 0 0 U 0 >1 H 0 0 V 0 0 x > F4 0 Q T- U 0 0 T 04 0 0 T T t- 7 (Y) T---- T a) r, U) m m r N m H M (q N N vCG (KC--) in E'MF-.r 1077 estrtioateNtumbes 2001161-� ---- International Tonnage a Certificate (1- 969) Issued under the provisions of the International Convention on Tonnage Measurement of Ships, 1969, under the authority of the Government of the ` UNITED STATES OF AMERICA for which the Convention came into force on February 10, 1983,by AMERICAN BUREAU OF SHIPPING --------- ---- Name of Ship Distinctive Port of Registry *Date Number or Letters ATLAS ON 1300842 MIAMI, FL. 2019 r 1 Date on which the keel was laid or the ship was at a similar state of construction(Article 2(6)),or date on which ship underwent alterations or modifications of a major character(Article 3(2)(b)),as appropriate. MAIN DIMENSIONS Length Breadth Molded Depth amidships to Upper Deck (Article 2(8)) f (Regulation 2(3)) (Regulation 2(2)) 35.04m (115.0ft) 12.17m (39.9fI) 2.72m (8.9ft) THE TONNAGES OF THE SHIP ARE: GROSS TONNAGE 297 NET TONNAGE 89 The Government of the United States of America certifies that the tonnages of this ship have been determined in accordance with the provisions of the International Convention on Tonnage Measurement of Ships, 1969. Issued at Houston,TX Date issued March 16, 2020 The undersigned declares that he is duly authorized by the United States Government to issue this certificate. r I � i� ff r., � t�di Issuing Officer t _.a ...,. peal Engineer I 1078 stagingRoute to site from Tug and BarRe route from stagingr i G i u uiiij � I n � y pp i f- . E 1079 APPLICATION SHEET Clamshell Crane Dredge TRIMBLE MARINE CONSTRUCTION p productivity Y Irimble Marine Construction software im roves roductivit and efficienc in underwater construction applications.It provides accurate 3D visualization to assist the operator with underwater construction tasks. Efficient dredging Real time seafloor and design <,,. Robust and reliable solutions Trimble Marine Construction software for Up/down indicators show the operator the maxirnize uptime clamshell dredging applications is a powerful exact distance to the seafloor and design depth Supports real time sonar inputs tool to help dredge operators improve during movement.The software supports providing as-building capability productivity and efficiency.The operator has a complex 3D designs. ' Continuous data logging for as- real time overview of the crane,tool and barge gg g in plan and profile views.Displays include the Workflows building and volume reports bucket position,bucket open/close status. The software can also render views that show Dredge tolerance visualization bucket depth along with the surveyed and the difference between the grid model and the provides guidance for accurate, design depths, design model to quickly locate areas in need of efficient dredging productivity Real time visualization and monitoring attention, Administrator can configure the screens for a specific,workflow/user Real time views of the dredger in plan and Customizable interface and lock it down for the operator profile view displays the clamshell,design depths and color-coded Digital Terrain Model Multiple monitors with independent layouts Precise RTK can be used for precise can be tailored to the needs of the dredge tide and heave calculation (DTM),The DTM highlights the high and low g spots relative to grade and is updated in real operator.A color-coded plan view and 3D view Third party laser sensor for non- nme tracking the progress of the dredging work. highlights high and low spots.The surface vertical wire tracking The update follows the shape of the clamshell Digital Terrain Model(DTM)is updated in real time registering the progress of the dredging Create machine or vessel shapes or and is visible immediately in all the views.The import models from CAD software system also shows the open/close status of the work showing depth,differential and production bucket.Abuilt-in calibration procedure allows models all updated according to progress of the including SketchUp'',3D modeling tool for easy calibration of the cable counters. cutter head. Diking mode facilitates material r/ placement operations Fdyi ,l!✓ r /+i;,r / of/ /� ri / /r �r �Jr'lr /�a/)r�m�lJr�f i .,,/�� :.1�)" r r ./� „Ir,.!r .:""// <;r ./ r// ✓ fr✓ r:,/////,tirfi, � i Yf , ,..;�! r/. r,G,rJ. i; ,r. !//i /h��rl, s/.a/,r/ 4-,.,, 1 " r '„ :, ,>,,,, r/✓i r ,I >' cd�r,a(.. r��ir ri�p ,, .,, / .r, lrl fr/!//✓.,. r,rl,rs, l/1. 1, /r.. ✓r/./...: ri// ,./,,�? rr%t! I' ,,J rJ/. Cl,G'r,„�/�,lr,ll ;,,1 lr,�// r�rr,r /r� ,r,,;,,r/ ,;.,,,. 1 ; ,' /rf/ /✓.r/r,G! r��r. I�,!r :. I r ,! v .;f,.,,r// /�../, rf.J,J�., �/,r %6% rl/!ills �i,�.,r ,ra✓;r, ,,:i r..: i,i !l�1,. dt i. � -i.. rr ,�1i �/✓i. t/Ic-�/�l/ri(/f r„S�r�/�/<�'�f „f //,�%, r / ,aa/ d/i% /ri/�//fi/,/�ir 1'� „u,. r f// ,lf��. �✓/ ///��I// �,+��,�,///.,r/c ,.r � -;�?r /„ r / I /r r r%//fi ,� �' r.,rr/�,r/lrrt.��/r 1��/r,r:ur/�i//„ r r ,e, :; /if,i r ../, ✓�ir//i/,/„//lJl�'� � . :✓ Jr /. ,//u it/r l//�1irr/// r/�// ,.r , �//„f / ,V�,t � r "" s U �/r fN%ril r r,< r g/✓'� d r� �� r u i )'r� � '=ur rse rro 6 1 0 1 080 r ��. APPLICATION SHEET TRIMBLE MARINE CONSTRUCTION SOFTWARE Pot"µ rnv ,asKrt wa mry e!na,»,:'. as ,wx :WrN,rt ,r4,e m W,rmkntewr, rtr, ✓ a s ✓ r ai titY td-„tl> rkk m L,,AV v o Wr kip, ,. p5t i4;'21�111Ri 11' K r a a;a am,.,,a.:.„✓. I w=7, w w,,, ., Pita ' V w, re44 n nble.Marine Co s ruction s are fo n t Qf{'W C clamsheil rope dredge application-profile real time view % p i l� u II� J 6� ✓ b/ ort9 YvIO Trimble Marine Construction software for clamsheil crane dredge application-acquisition view About Trimble Marine e+ro �s� wy�auH Trimble offers flexible,high-performance positioning systems to a meet the unique needs of marine construction on both simple and complex projects.Solutions include both hardware and software,and can be easily integrated into third party systems.The r r portfolio includes marine information systems(e.g,Trimble Marine Construction software),GNSS receivers,antennas,radios,encoders,depth gauges and inertial positioning systems. 1 Trimble Marine Construction software is transforming the way marine operations orr x �. g y p. .. k,°) work by helping build and maintain the world's port,river,canal and other critical infrastructure.Trimble continues to transform this industry's work across the project lifecycle through sophisticated planning and design,advanced automation solutions, site positioning,and real time connectivity. Trimble Marine Construction software for clamsheil crane dredge application plan view TRfMR1 F CIVIL FNGINFFRING AND CONSTRUCT10N 10368 Westmoor Drive Westminster CO 80021 USA 800-361-1249(Toll Free) +1-937-245-51.54 Phone -narine,.@trii-nhle.com c=2017 T—N,.I—Ali rght=reser✓ed.Tr mble,{he GlI to&Tnangt,].-,pare t dema s of Trimble In¢,r 0stF.,.rt in tie U�,,q 51ates and in other coun['es. ppp� All other trademarks are the proper,y of their respectve owners.PN 022432-3734(0S/17) 1081 MY"So2o IMPORTANT INFORMATION Section 316.613,Florida Statutes,requires every operator of a motor vehicle transporting a child in a passenger car,van,autocycle or pickup truck registered in this state and operated on the highways of this state,shall,if the child is 5 years of age or younger, provide the protection of the child by properly using a crash-tested,federally approved child restraint device. For children aged through 3 years,such restraint device must be a separate carrier or a vehicle manufacturer's integrated child seat.For children aged 4 through 5 years, a separate carrier,an integrated child scat,or a child booster seat may be used. For limited exceptions,see s.316.613,F.S. S.320.0605,F.S.,requires the registration certificate,or true copy of a rental or lease agreement,issued for any motor vehicle to be in the possession of the operator or carried in the vehicle while the vehicle is being used or operated on roads of this state. S.320.02 and 627.733,F.S.,requires personal injury protection and property damage liability to be continuously maintained throughout the registration period. Failure to maintain the mandatory coverage may result in the suspension of your driver license and registration. Mail To HARRY CORYDON OFFIITT IV Important note:If you cancel the insurance for this vehicle, PO BOX 432050 immediately return the license plate from this registration to a Florida MIAMI,FL 33243.2050 driver license or tax collector office or mail it to:DHSMV,Return Tags, 2900 Apalachee Parkway,Tallahassee,FL 32399. Surrendering the plate will prevent your driving privilege from being suspended. CO/AGY 24 / I T# 1926148999 FLORIDA DA VEHICLE REGISTRATION B# 4000102 PLATE QJUB57 .DECAL 04704966 Expires Midnight Tue 1213112024 YR/MK 2021/FORD BODY TK COLOR WHI Reg.Tax 2.50 Class Code 41 VIN 1FT8W30T9MEC98211 TITLE 1418 09 Init.Reg. Tax Months Plate Type RGS NET WT 7792 GV W 11600 County Fee 0.50 Back Tax Mos Mail Fee 0.90 Credit Class DL/FEID 0130363674710 Sales Tax Credit Months Date Issued 1/10/2023 Plate Issued 3/26/2021 Voluntary Fees Grand Total 3.90 IMPORTANT INFORMATION HARRY CORYDON OFFt1TT IV 1. The Florida license plate must remain with the registrant upon sale of vehicle. PO BOX 432050 2. The registration must be delivered to a Tax Collector or Tag Agent for transfer to VIIAMI,FL 33243-2050 a replacement vehicle. 3. Your registration must be updated to your new address within 30 days of moving. 4. Registration renewals are the responsibility of the registrant and shall occur during the 30-day period prior to the expiration date shown on this registration. Renewal notices are provided as a courtesy and are not required for renewal purposes. 5. 1 understand that my driver license and registrations will be suspended immediately if the insurer denies the insurance information submitted for this registration. CGS-SUNSHINE STATE 0001 1082 i i I c 1 Dear Policyholder, ; Dear Policyholder, Here is your insurance identification card which you should : Here is your insurance identification card which you should ® keep in your vehicle at all times.One card is enclosed for each : keep in yourvehicle at all times.One card is enclosed for each vehicle on your policy. Please detach your card(s) and cut ; vehicle on your policy. Please detach your card(s) and cut along dotted lines. Information contained on the card will be : along dotted lines. Information contained on the card will be needed for vehicle registration, accident involvement,or any : needed for vehicle registration, accident involvement,or any traffic violation.If you obtain a new or replacement vehicle,or ; traffic violation.If you obtain a new or replacement vehicle,or need additional cards, please contact your Travelers agent. : need additional cards, please contact your Travelers agent. ®Thank you for insuring with The Travelers. : Thank you for insuring with The Travelers. CUT ALONG DOTTED LINE ...........•.....•..••.......•.....•.•...............•..........•}.......•.........•............................................ Florida Automobile Insurance Identification Card Florida Automobile Insurance Identification Card THE TRAVELERS INDEMNITY THE TRAVELERS INDEMNITY COMPANY OF CONNECTICUT COMPANY OF CONNECTICUT COMMERCIAL POLICY NUMBER COMMERCIAL POLICY NUMBER ®BA-525IX300-24-SEL - 01812 : BA-52SIX300-24-SEL - 01812 EFFECTIVE DATE 03-01-24 EFFECTIVE DATE 03-01-24 ® PERSONAL INJURY PROPERTY DAMAGEPROTECTION.�Y BENEFITS! ® BODILY INJURY JURY '.® PROPERTY DAMAGE LIABILITY IABERSONAL INJURY IL PROTECTION BENEFITS! ® Bdgi II 4,NJURY NAMED INSURED : NAMED INSURED BISCAYNE TOWING & SALVAGE, INC :BISCAYNE TOWING F. SALVAGE, INC TOWBOAT US MIAMI :TOWBOAT US MIAMI : YEAR MAKE/MODEL VEHICLE ID NUMBER : YEAR MAKE/MODEL VEHICLE ID NUMBER 0 2023 TEXAS TRAIL 7HCGD1629PBO47785 2021 FORD F350 1FT8W3DT9MLC98211 Not valid more than one year from effective date. Not valid more than one year from effective date. ............................................................... ................................................................ Florida Automobile Insurance Identification Card Florida Automobile Insurance Identification Card THE TRAVELERS INDEMNITY THE TRAVELERS INDEMNITY COMPANY OF CONNECTICUT COMPANY OF CONNECTICUT : COMMERCIAL POLICY NUMBER COMMERCIAL POLICY NUMBER BA-5251X300-24-SEL - 01812 : BA-5251X300-24-SEL - 01812 °. EFFECTIVE DATE 03-01-24 : EFFECTIVE DATE 03-01-24 PERSONAL INJURY® PROTECTION LIABILITY PROPERTY DAMAGE ON BENEFITS/ ® BODILY INJURY X� PERSONAL INJURY PROTECTIONBENEFITS! ® BI BA ITINJURY PROPERTY DAMAGE NAMED INSURED o NAMED INSURED BISCAYNE TOWING & SALVAGE, INC BISCAYNE TOWING & SALVAGE, INC :TOWBOAT US MIAMI :TOWBOAT US MIAMI : YEAR MAKEIMODEL VEHICLE ID NUMBER YEAR MAKE/MODEL VEHICLE ID NUMBER ® 2019 CONTI TRAIL IZJBI33122EM120557 : 2010 LAMA TRAIL 4YPAB2822AT049264 Not valid more than one year from effective date. Not valid more than one year from effective date. j. ... ... ..... ............................................}.............................................................. CUT ALONG DOTTED LINE Dear Policyholder, : Dear Policyholder, ® Here is your insurance identification card which you should : Here is your insurance identification card which you should keep in your vehicle at all times.One card is enclosed for each keep in yourvehicle at all times.One card is enclosed for each vehicle on your policy. Please detach your card(s) and cut = vehicle on your policy. Please detach your card(s) and cut along dotted lines. Information contained on the card will be : along dotted lines. Information contained on the card will be needed for vehicle registration, accident involvement,or any ® needed for vehicle registration, accident involvement,or any traffic violation.If you obtain a new or replacement vehicle,or ; traffic violation.If you obtain a new or replacement vehicle,or need additional cards, please contact your Travelers agent. : need additional cards, please contact your Travelers agent. ® Thank you for insuring with The Travelers. : Thank you for insuring with The Travelers, CAIDFL Rev,10-09 1083 2024 / 2025 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2025 RECEIPT# 29240-139590 Business Name: BISCAYNE TOWING&SALVAGE INC MO CTY Owner Name: HARRY C OFFUTT IV Business Location: KEY WEST, FL 33040 Mailing Address: 300 ALTON RD 210 Business Phone: MIAMI BEACH, FL 33139-8906 Business Type: MOBILE(EMERGENCY MARINE TOWING& SALVAGE) 16 Tax Amount I Transfer FeeSub-Total Penalty Prior Years I Collection Cost I Total Paid 25.001 0100 25.00 0.00 0.00 1 0.001 25.00 Paid WRB-23-00090444 08/26/2024 25 .00 THIS BECOMES A TAX RECEIPT Sam C. Steele, CFC,Tax Collector THIS IS ONLY A TAX. WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL COUNTY AND/OR MUNICIPALITY PLANNING, ZONING AND LICENSING REQUIREMENTS. MONROE COUNTY BUSINESS TAX RECEIPT P.O. Box 1129, Key West, FL 33041-1129 EXPIRES SEPTEMBER 30, 2025 Business Name: BISCAYNE TOWING&SALVAGE INC RECEIPT# 29240-139590 MO CTY Business Location: KEY WEST, FL 33040 Owner Name: HARRY C OFFUTT IV Mailing Address: Business Phone: 300 ALTON RD 210 Business Type: MOBILE(EMERGENCY MARINE TOWING& MIAMI BEACH, FL 33139-8906 SALVAGE) 16 Tax Amount I Transfer Fee I Sub-Total Penalty Prior Years Collection Cost Total Paid �0� 2�� 0.00 0. 25.0025.00L 0.0 Paid WRB-23-00090444 08/26/2024 25.00 1084 580 y� cli cc cr CL ui cim own C4 LL cc zwz UL cr Zo i 4�� MONROE COUNTY BOARDTY COMMISSIONERS REQUEST FOR PROPOSALS FOR ARTIFICIAL F DEPLOYMENT MONROE COUNTY FLORIDA. 8 23 S z r. BOARD OF COUNTY COMMISSIONERS Mayor Holly Merrill Raschein, District S Mayor Pro Tem James K. Scholl, District 3 Craig Cates, District 1 Michele Lincoln, District 2 David Rice, District 4 ACTING COUNTY ADMINISTRATOR Kevin Wilson Clerk of the Circuit Court Artificial Reefs Program Director Kevin Madok Dr. Hanna Koch August 2024 PREPARED BY: Artificial Reefs Program 1086 T"'-Ahle or Contents, NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS............................................................3 Article I. Detailed Requirements—Scope of Services...................... ....... 4 1. Introduction,...._....... ........... 4 2. Contents of Proposal; Deployment Plan. ...... ......_......._.............................. 4 A. Minimum Contractor Qualifications,.... ................. ............ B. Proposed Project Approach_ ................ .................. C. Price.................... ......... ......... ................... ..............._..................... 12 D. County Forins.... .............................. .......__.............. ........ ........._13 Article 11. Special Terms and Conditions..............................__... ......... ........__................. ...... ......... 13 1. SPECIAL INSTRUCTIONS .............. ............. ............._.......................... .................................. 13 2. PROPOSAL DOCUMENT& SPECIAL FORMS.................... ............. ...............................13 3. PROPOSAL SECURITY....._....._... ................__......... .............. ...... ....._.......... ...... ..............14 4. DETERMINATION OF SUCCESSFUL RESPONDENT.... ............................ ................ ......_14 5. MILESTONE DATES....... ......... ................ ............. .......... ................__..................... ...__ 15 6. MISCELLANEOUS REQUIREMENTS ...................................... ......... ...... ............. ...........__ 15 Article 111. General Terms and Conditions...... ....._............._..... ........_.................................................19 1. DEFINITIONS OF GENERAL TERMS............................. ....... .............................................._ 19 2. REQUIRED PROVISIONS........ .......... ........___.................. .........._..... ....._...... .........._20 3. GOVERNING LAWS AND REGULATIONS......................................._..........._... ........26 4. SAFETY REQUIREMENTS & EMERGENCY CONSIDERATIONS.......................................26 5. PERFORMANCE& PAYMENT......................................... ...................... .................... ...... .....28 6. Powers reserved by Monroe County............................_............................ ................................_29 7. FORCE MAJEURE and Extension(s)of Time.......... ...................__.......................... .........._30 8. LIABILITY, INDEMNIFICATION,AND CERTIFICATE OF INSURANCE...........................31 PROPOSALFORM.......... ..................... .......... ................ ...... ...... ............____..........._..............33 CHECKLIST ACKNOWLEDGEMENT...................... ..... ................................35 COUNTYFORMS AFFIDAVIT...................................................................................._........................36 INSURANCE REQUIREMENTS AND FORMS................. ...................................... ..........................._41 INDEMNIFICATION, HOLD............ ...... ...... ..................... ............ ........... ........ ............ ......_......43 INSURANCE AGENT'S STATEMENT...._..... ..... ..............__...............__...____....................... .......A5 BID(PROPOSAL)BOND.__............. .......... .............................. SAMPLEAGREEMENT............. ............ ............ .......................... ....... ........... .......47 FLORIDA ARTIFICIAL REEF MATERIALS CARGO MANIFEST........... .......................__...63 Figures& Tables............................................................. ................. .........................................................65 Figure I I Proposed Gulfside Ten Mile Reef Permit Site..................... .........................................__65 Table I I GPS coordinates for the proposed permit area........._........ ......... .....__65 Figures 2-4 1 Photographs of the Artificial Reef Materials to be Deployed............................................66 Figure 5-6 Photographs of the Material Remediation Required for the Hollow Concrete Poles......,...68 Figure 7-8 Aerial Images of the Marina where Artificial Reef Materials are Currently Staged......,.,..69 Figure 9 1 GPS Coordinates of Permit Area& Target Locations for Materials Deployment.................70 Table 2 1 Center GPS coordinates for each of the three proposed patch reefs within the permit area....72 Figure 10 Schematic map of the proposed permit area........__...................................__......................72 Figure I I Example Pole Configuration for Constructing Three Patch Reefs.......................................73 Figure 12 Typical cross-section for Gulfside Ten Mile Reef........... ................................................74 Page 2 of 74 1087 NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS NOTICE IS HEREBY GfVEN that on Wednesday, August 28, 2024, at 3:00 P.M., the Monroe County Purchasing Office will receive and open sealed responses for the following: Artificial Reef Materials Deployment to Gulfside Ten (10)A/file Reef Monroe County,Florida Pursuant to F.S. § 50.0211(3)(a), all published competitive solicitation notices can be viewed at: vVww,floriLiql) iL�LQ[&cs.col'n, a searchable Statewide repository for all published legal notices. Requirements for submission and the selection criteria may be requested from the County's electronic bidding platform at httff�. )i1pL) tiLit.,y-.tl.boiifii-clitib.coiii OR www.niogroecm nty 11.2)yj-lanfireffids. The Public Record is available upon request. All prospective proposers are invited to attend the non- mandatory on-site Pre-Proposal Conference to be held on Monday, August 12, 2024, at 2:00 p.m., 1015- 890 Parrish Ave(off 15t" Street Ocean), Marathon, FL 33050. Monroe County Purchasing Department receives proposals via the Bonfire electronic bidding platform. Please do not email, mail or attempt to deliver in person any sealed bids/proposals/responses. Emailed/mailed/physically delivered bids/proposals/responses WILL NOT be accepted, The Monroe County Purchasing Department hereby directs that proposals be submitted via the Bonfire electronic bidding platform at no later than 3:OOP.M. on Wednesday,August 28,2024. There is no cost to the proposer to use the Bonfire platform. Please do not submit your confidential financial information as part of your proposal. There are separate uploads for each set of documents,including confidential financial information. All proposals will be made public on the platform after an intended decision or 30 days from unsealing,whichever is earlier,unless the bids/proposals are rejected in accordance with F.S. § 119.071.If your proposal document includes financial information,that information will not be considered confidential and will be available and viewable to the public in accordance with public records law. In the event of a discrepancy between the bid/proposal amount on the Proposal Form and the bid/proposal amount entered in Bonfire, the bid/proposal amount listed in the"Proposal Form"provided by Monroe County in the RFP is the amount that will be utilized by the County when considering the bid/proposal. The County reserves the right to waive any bid/proposal irregularity. The proposal opening for this solicitation will be held virtually, via the internet, at 3:00 P.M., on Wednesday, August 28,2024. You may call in by phone or internet using the following: Join Zoom Meeting jjttW��/hpcboec,zog sl TIAI _LQ .32L;I-56" Meeting ID: 4509326156 One tap mobile: -'-16465189805,,4509326156# US (New York) +16699006833,,4509326156#US (San Jose) Dial by your location: +1 646 518 9805 US (New York) +1669 900 6833 US (San Jose) Publication Dates Keys Citizen: Sat., 08/03/2024 Keys Weekly: Thur., 08/08/2024 News Barometer: Fri., 08/09/2024 End of Section Page 3 of 74 1088 Artificial Reef Materials Deployment to Gulfside Ten (10) Mile Reef Article 1. Detailed Requirements—Scope of Services 1. Introduction. Monroe County, Florida, is administering an artificial reef deployment project. The project consists of the deployment of thirty-seven (37) approximately 18,000-20,0001b hollow concrete utility poles, and eight (8) approximately 2,4001b solid concrete utility poles to three (3) specified locations offshore in federal waters of the Gulf of Mexico at approximately 43-45 feet deep. This represents an estimated maximum total weight of 380 tons of secondary use concrete. The specific locations and allocations of the artificial reef materials are outlined in this Request for Proposals ("RFP"). The specified artificial reef materials are to be deployed in one(1)artificial reef permitted area offshore of Monroe County, referred to as Gulfside Ten (10) Mile Reef(Figure 1, Table 1). The work outlined in this Request for Proposals will be subject to and must comply with all terms and conditions of an artificial reef permit area issued by the U.S. Army Corps of Engineers (Monroe County pending permit application number SAJ-2024-00133-Monroe-BOCC-Gulfside Ten Mile Reef). For complete permit application and other important documents, see links within the Bonfire System, Monroe County's Public Procurement Platform, LyLtp : hnonroecoqlm_ fl.bonfire com . The proposed permitted work area is outside the jurisdictional watersof State of Florida or Florida Keys National Marine Sanctuary boundaries;thus,state and sanctuary permits are not applicable. Contractors must submit proposals that include a plan for the deployment ("Deployment Plan"), including cost to complete the proposed Deployment Plan. The utility poles have been provided, but the scope of work for this proposal also requires remediation to meet materials standards outlined below. The concrete poles are currently stored at 15 1h Street Marina, 10 15-890 Parrish Ave (off 15' Street Ocean), Marathon, FL 33050. Proposals may include ground transport of artificial reef materials (i.e. concrete poles) to a private staging site then marine transport to final marine coordinates, or direct marine transport to final marine coordinates. Contractor selection will be administered through the criteria outlined in the below Request for Proposals process. The County reserves the right to award to the Contractor that submits a responsive proposal that is most advantageous and in the best interest of Monroe County. Monroe County BOCC, at its sole discretion, reserves the right to reject any and all proposals, waive any irregularity or technicality in proposals received,or readvertise for the services hereunder;as such, it is the sole judge of what serves the County's best interest, and such decision is final. A Non-Mandatory On-Site Pre-Proposal Conference will be held on Monday,August 12,2024, at 2:00 p.m., 10 15-890 Parrish Ave(off 15"' Street Ocean),Marathon, FL 33050. 2. Contents of Proposal; Deployment Plan. The Proposer shall submit a detailed Deployment Plan which will include any labor, staging, remediation,mobilization,transport and deployment required to achieve the goals outlined herein. The proposal shall be prepared simply, providing a straightforward, concise delineation of Proposer's capabilities to satisfy the requirement of the RFP. Colored displays, and promotional material are not desired; however, technical literature may be included as attachments to the proposal. The Proposal cover page should contain Proposer's name, address, telephone number, and the name of the Proposer's contact person and their e-mail address. Emphasis in each proposal must be on completeness and clarity of content. To expedite the evaluation of proposals, it is essential that the Proposer follows the format and instructions contained in the RFP. Proposer must ensure that electronic copies of their documents are uploaded in sufficient quality and Page 4 of 74 1089 resolution/pixelization to ensure legibility of the submission. Each proposal must consist of the following elements, and will be scored according to the total points designated by each element. Each category of information must be submitted in a different section or tab that are divided as follows: A. MINIMUM CONTRACTOR QUALIFICATIONS (20 Points) Contractors must meet the following minimum qualifications by including a response to each item below at the time of submitting a proposal: i. Describe the qualifications, competence, demonstrated ability and possession of/access to the necessary resources to implement and administer the project, as well as fulfill the conditions of the contract. Provide copies or other evidence of all professional and occupational licenses held by Proposer. Note: Proof of payment of any required business tax receipts (previously occupational license), including to Monroe County, must be provided to the County within fifteen (15) days of award of the contract, if not already provided with the proposal response. ii. Identify key staff and their qualifications and experience to provide the services requested. Among factors to be considered are certifications and qualifications. Names,titles, certifications, and qualifications of staff shall be listed. iii. Must have completed at least one (1) artificial reef project or comparable marine construction project within the past five (5) years, anywhere in the United States. Describe the number of years of involvement in artificial reef and/or marine construction projects; and list each name,location, description, price of the contract, and year of artificial reef or marine construction project(s) that have been successfully completed by Contractor. iv. Must demonstrate that Contractor owns sufficient marine equipment to accomplish project goals and such marine equipment is capable of operating in shallow waters of the Florida Keys without disturbing benthic resources. V. Provide a minimum of three(3)reference names(fall legal names),one(1)of which must be the client from a previous artificial reef or comparable marine construction project. Addresses and phone numbers must be provided for each reference. Higher quality project references are preferred. vi. Describe work of a relevant nature, within the past ten (10) years, for other governmental or non-governmental entities within Monroe County and references among the staff of those organizations. Provide descriptions of current or past contracts providing services similar to those called for in this RFP. vii. Provide proof of registration to conduct business in the State of Florida, consistent with the provisions of Chapter 607, Fla. Stat., c1�1 viii. Provide attestation confirming Contractor is not on the federal nor state debarment lists, found at litt // w Ag and gar ta,C —J119- vendor ii-i-foi•i,nitioi,i/convi.eted., sus -nded discriin* tL)Ey iLip Laints, vendor gists; ix. Provide proof of insurance (in accordance with County liability requirements); x. MUST PROVIDE VERBATIM RESPONSES TO EACH ITEM BELOW, In order to determine if a proposer is responsible pursuant to Section 2-347(h),Monroe County Code of Ordinances, all proposals for contracts to be awarded under this section must contain the following information: a. A list of the entity's shareholders with five percent(5%) or more of the stock or, if a general partnership, a list of the general partners; or, if a limited Page 5 of 74 1090 liability company, a list of its members; or if a solely owned proprietorship, the name(s)of owners.A copy of documentation demonstrating that the entity is a legally viable entity shall be attached; b. A list of the officers and directors of the entity; c. The number of years the person or entity has been operating and, if different, the number of years it has been providing the goods or services called for in the RFP specifications; d. The number of years the entity has operated under its present name and any prior names; e. Customer references(minimum of three (3))including name, current address, current telephone number, date of initiation and completion of contract, and summary of goods or services provided and area served; f Credit references (minimum of three (3)) including name, current address, and current telephone number; and g. Litigation: Answers to the following questions regarding claims and suits: 1. Has the person,principals, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, ever failed to complete work or provide the goods for which it has contracted?If yes,provide details. YES NO 2. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person, principal of the entity, or entity, or any entity previously owned, operated or directed by any of its officers, directors, or general partners? If yes rovide details. YES NO 3. Has the person,principal of the entity,entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, within the last five (5) years, been a party to any lawsuit, arbitration, or mediation with regard to a contract for services, goods or construction services similar to those requested in the specifications with private or public entities? If yes, provide details. r-111 YES LJ NO Z 4. Has the person, principal of the entity, or any entity previously owned, operated or directed by any of its officers, owners,partners,major shareholders or directors, ever initiated litigation against Monroe County or been sued by Mon-roe County in connection with a contract to provide services, goods or construction services?If es, provide details. YES [] No g 5. Whether, within the last five (5) years, the owner, an officer, general partner, principal, controlling shareholder or major creditor of the person or entity was an officer, director, general partner, principal, controlling shareholder, or major creditor of any other entity that failed to perform services or fumish goods similar to those sought in the request for competitive solicitation. r-1 YES LJ NO Z Page 6 of 74 1091 xi. FINANCIAL INFORMATION—SUBMIT BY SEPARATE UPLOAD.In order to determine if a proposer is responsible pursuant to Section 2-347(h), Monroe County Code of Ordinances, all proposals for contracts to be awarded under this section must contain the following information: a. Financial statements for the prior three (3) years for the responding entity or for any entity that is a subsidiary to the responding entity. Note:Any financial statement that an agency requires for responding to a bid is exempt from disclosure as a public record. Please do not submit your confidential Financial information as. part of your proposal. Please mark as "Confidential" to exercise exemption under Subsection 11.9.071(1)(c), Florida Statutes, and upload by separate upload to Bonfire to maintain confidentiality. There are separate uploads for each—set of documents, including confidential financial information. However, any financial information the Contractor includes in the proposal packet, which is not marked as "Confidential", and is uploaded incorrectly, may be disclosed in any public records request and will not be treated as "Confidential." The County shall incur no liability for inadvertent disclosure of financial records that are not properly marked or submitted. B. PROPOSED PROJECT APPROACH(40 Points) Proposer must detail within its Deployment Plan a proposed project approach that describes how it will address each of the following paragraphs a. —f., below. a. Minimum Material Standards i. The project entails the deployment of 45 concrete utility poles (Figure 2). They will consist of thirty-seven (37) hollow 55-foot (Figure 3) and eight (8) solid 35-foot concrete poles (Figure 4). All artificial reef materials intended for deployment must be consistent with the published"Guidelines for Marine Artificial Reef Materials," 3rd edition, the National Artificial Reef Plan(found at: QUidelines for Marige Artificial Reefl\jaterials -Third LIAW<)n-Li- — the State of Florida Artificial Reef Strategic Plan, and Chapter 68E-9, F.A C., entitled, "The Florida Artificial Reef Program." All artificial reef materials shall be clean and free from insulation, asphalt, creosote, petroleum, or other hydrocarbons and toxic residues, excess dirt, loose free-floating material or other deleterious substances or materials. The utility poles are supplied by the County, but some will require remediation to meet the material standards set forth herein. This includes remediation of materials within the hollow utility poles that could create loose free-floating material during or after deployment. Any metal rebar protruding six (6) inches or more must be removed and cut flush prior to deployment. If Proposer desires to cut the utility poles prior to deployment, each single unit of deployed material must weigh at least 500 lbs. Any lifting lines or straps used during deployment must be temporary and removed by the Proposer prior to final acceptance of work and payment by the County. The Proposer must provide a description of the approach, including equipment and methods, for remediation. of any rebar protrusions as well remediation of materials within the hollow power poles (Figures 5-6), before pole transport and deployment. Page 7 of 74 1092 ii. Proposer must include in this subsection a description of how Proposer plans to properly dispose of materials unsuitable for deployment. This includes, but is not limited to, the debris resulting from remediation work on the poles, as well as any broken poles or pieces thereof that to do meet the required deployment standards above. An essential part of this subsection is a description of how the Proposer will ensure that Monroe County has a meaningful opportunity to evaluate the condition and structural integrity of each pole at each stage of deployment, and may eliminate from the deployment list any poles deemed unsuitable. Proposer must outline a suitable monetary consequence for materials that are eliminated from the deployment list after being transferred into the care and custody of Proposer. b. Schedule Of Operations i. This is a time-is-off-the-essence project. The Proposer must provide a calendar of events that includes specific dates and important progress points. For purposes of the calendar representation only, the projected timeline should commence on October 17, 2024 and extend to the date estimated for completion of the Deployment Plan. Proposer may also provide a contingency schedule factoring in weather, availability of equipment, materials, and other commitments. Shortest periods of time are preferred. It is desired that the Deployment Plan be accomplished within 90 days of the Courity's issuance of the Notice to Proceed,or January 31,2025, whichever is earlier. ii. Provide the total number of estimated days needed to complete remediation work to ensure the materials are clean and safe for deployment. iii. Provide the total number of estimated days needed for vessel loading. iv. Provide the total number of estimated days at sea to place the artificial reef materials at the designated marine coordinates. v. Describe the proposed anchoring system and the proposed method to accurately deploy the materials at the designated marine coordinates. Greatest anchoring and deployment methods to ensure placement accuracy and protection of artificial reef materials are favored. vi. Describe how coordination with County observer(s) will be maintained. Methods with the greatest degree of communication and safety are preferred. c. Staging, Loading,Transportation, and Deployment i. If the Deployment Plan includes direct sea transportation, Proposer must describe the step-by-step tasks of moving, loading, and securing the artificial reef materials from its current location onto the deployment vessel and out to the designated deployment site. Proposer must outline the Coast Guard standards it will use for safe transport to the reef construction site. Note: The artificial reef materials are currently staged at a marina off 15th Street Ocean in Marathon,FL 33050(Figure 7),where operations including removal of derelict vessels and use of large barges/cranes frequently occur. The water depth of the channel outside leading into the marina may be as shallow as four (4) feet during low tide, so it is essential that Proposer Page 8 of 74 1093 perform its due diligence while planning, coordinating, and proposing its navigation in and out of the marina for direct sea transportation. The depth of the channel, once in the marina, is approximately eight (8) feet at high tide (Figure 8). ii. If ground transportation is part of the proposed Deployment Plan, Proposer must describe the step-by-step tasks of moving,loading,handling,securing, and transporting the artificial reef materials through all land-based operations from the marina(current staging area)to a new staging site. This description must include how the materials will be safely transported and secured for transit. Proposer must provide the address of new staging site, and how coordination with the County for the over-land transport and access to the materials will managed.Proven methods are preferred.Proposer must include details on how the new staging site will be secured, where and how the reef materials will be kept, and how it will ensure the County will have a meaningful opportunity to inspect the materials prior to deployment.From the new staging site, Proposer must describe all of the step-by-step tasks requested directly above, based on the specific requirements or limitations of the new staging site, iii. Proposer must describe in detail the specifications (load capacity, etc.) of the barge or other suitable vessel for offshore transportation that will be used, as well as a crane, and other equipment that will deploy the materials, and the marina(s) or port(s) they will be operating from. Proposer must describe how the transport or towing vessel is sufficiently powered to undertake the work,as well as detail the necessary personnel and equipment to safely transport and deploy the artificial reef material. This description must include the detailed methods and equipment used to deploy the poles from the vessel to the targeted location on the seafloor. Well maintained equipment showing greatest capabilities and dependability are preferred. iv. Proposer must list the GPS specifications and methods to be used to deploy materials at the target locations and the anticipated deployment accuracy of material placement in relation to the target coordinates. Equipment redundancy and installations with the least offset distances are preferred. Methods and procedures assuring greatest placement accuracy are preferred. d. Deployment Pattern Standards i. The artificial reef materials should be deployed to three (3) distinct patch reefs within the proposed permit area (Figure 9), with the center coordinates for each patch reef provided in Table 2. Note: Proposer is responsible for providing GPS coordinates with evidence of each patch reef once the materials are deployed,with such information provided in a format required by the County. ii. Proposer must describe how it will guarantee that no artificial reef materials will be deployed less than 100 feet from any boundary of the proposed U.S. Army Corp of Engineers Permit Area(Figure 10). iii. Proposer must describe how the three (3) patch reefs will be deployed in a row (along a longitudinal line), but will be distanced not be less than 300 feet, nor greater than 500 feet, from its neighboring patch reefs) Page 9 of 74 1094 (Figure 10).Note: The distance measurement between patch reefs will be measured from the center coordinates of each patch reef. iv. Propose must show how the poles (including 37 large poles and 8 small poles) will be equally divided among the three (3)patch reef locations to the extent possible (Figure 11). Proposer must indicate its method of stacking the poles to create a vertical relief profile of no less than six (6) feet and no more than eighteen(18)feet,with a variety of sizes of negative spaces between the poles to create a variety of habitat sizes for fish and other marine organisms (Figure 11). Note: A navigational clearance of a minimum of 25 feet must be maintained from the top of the artificial reef materials to the water depth at mean lower low water (MLLW) (in accordance with the conditions of the applicable U.S. Army Corps of Engineers Permit) (Figure 12). V. Proposer must describe how the transport vessel will be effectively moored through double anchoring,be spudded down,or otherwise be held securely in place with minimal movement (+/-20 feet)to ensure accurate placement of the concrete materials at each patch reef, during the deployment of the artificial reef materials. Note: Individual patch reef materials must not be widely scattered; each patch reef shall not have greater than a total I 00-foot diameter footprint of material placement on bot the seafloor. Proposer must describe the machinery used to move and deploy the reef materials so as to show that it is sufficiently powered/maneuverable and capable of being operated to ensure timely, effective/precise, and safe off-loading of materials. Proof that the tug and/or transport vessel meets all U.S. Coast Guard certification(s) and safety requirements, is equipped with a working, accurate Global Positioning System (GPS) unit and other marine electronics including a working VHF radio is required. vi. In addition to the descriptions required above, Proposer must provide a proposed visual representation or rendering that shows final deployment upon the seafloor with the number of large and small units in Patch Reef #1 _; Patch Reef #2_; and Patch Reef #3 as well as stacking/placement plan of the poles. e. Assurances & Deliverables i. Proposer imist detail its plan for coordination with the County's on-site observer(s), designated by Monroe County. This includes,but is not limited to, Proposer's plan to coordinate with the County on how/when to complete an inventory list in order to validate accuracy of cargo manifests prior to deployment. Note: The County observer(s) must be present during all deployment operations.Effective and reliable communications shall exist at all times between the transport/deployment vessels, and the designated Monroe County observer(s). ii. Proposer will provide written guarantees ensuring it will not store materials, tools, equipment, or other debris at the current marina staging location, without written permission by the marina owner. Proposer must demonstrate how it will contain dust and/or debris during the performance of the work. Proposer will provide details on its use of a suitable storage Page 10 of 74 1095 container and proof of contract/other arrangements for responsible off-site disposal of all debris and trash,including any waste generated from material remediation work prior to deployment. HL Proposer must describe techniques and strategies it will employ to ensure that artificial reef materials to be deployed are handled with care and consideration of not cracking or breaking them, at all times. iv. Proposer must described how it will determine safety deployment conditions, so as to ensure that operations will only be initiated when sea height in the operations area is no greater than two to three (2-3) feet as forecast by the nearest NOAA weather office. v. Proposer must describe how it will give adequate assurances and create opportunities within its Deployment Plan for Monroe County observer(s)to exercise the right to suspend off-loading operations if positioning and other deployment objectives, including safety of personnel and equipment, are not being met. vi. Proposer must describe how it will ensure that the artificial reefs are constructed within the U.S.Army Corps of Engineers Permitted Area.Note: Proposer's written certification of construction within the U.S. Army Corps of Engineers Permitted Area is required by the County. Proposer may outline a plan that includes using marker buoys, or dynamic positioning,to provide such certification. When using marker buoys, the marker(s) shall be buoys of sufficient size and color to be clearly visible to the tug captain, and sufficiently anchored and with sufficient scope so that they will not drift off the designated deployment site prior to deployment. Precise GPS placement of marker buoys that do not shift position with time are important to ensure the reef is constructed within the permitted area. If the proposed Deployment Plan includes relying on dynamic positioning, the plan must also include confirmation of coordinates with the Monroe County observer(s) in advance of the deployment, as well as use of a secondary method to confirm proper positioning of the deployment vessel. Secondary methods include either onboard-radar detection, or a handheld GPS, to monitor the GPS location of the deployment vessel throughout the course of the deployment. Monroe County will not pay for any materials placed outside the permit area; this includes any part of portion of a pole extending beyond the permit area boundaries. Proposers will be solely responsible for retrieval of materials outside the permitted area and associated costs. vii. Proposer must include in its Deployment Plan the use of site current nautical charts of the deployment area,with the permitted site indicated on the chart. The targeted artificial reef coordinates as specified in the Deployment Plan and the comer coordinates of the permit site shall also be on the chart. Proposer must provide a preliminary draft of said chart within its Deployment Plan.Note: The Proposer shall also be in possession of a.copy of the U.S. Army Corps Permit for the area where the deployment is taking place; and is responsible for ensuring that all permit condition terms are complied with. viii. Proposer will include in its Deployment Plan a guarantee to gather and deliver information required by County, in a format acceptable to the Page 11 of 74 1096 County. Those deliverables will include confirmation of the maximum vertical relief of each constructed patch reef using a fathometer after the reef construction has been completed and provide the evidence to the Monroe County observer(s). ix. Proposer must demonstrate how it to remove any floating debris that might occur during deployment. Note: Having boat hooks, dip nets, and other equipment on board to enable efficient collection of unanticipated floating debris is strongly encouraged. Proposer will provide within its Deployment Plan adequate assurances to the County that will assume responsibility for the immediate collection of any floating debris discovered during deployment operations (e.g., wood, floating line, aluminum cans, plastic bottles, cardboard or other floating materials). Such collection assurance will include a plan to transport said materials back to land for proper disposal. If remediation of the artificial materials as described herein, is not completed prior to deployment,and that failure results in debris mitigation work, Proposer agrees to reduction of contract price based on liquidated damages as follows: any piece of floating debris (larger than one (1) square foot) that is not retrieved within twenty (20) minutes after deployment by the Proposer, and properly disposed of after deployment,will result in an assessment of liquidated damages of $500 per square foot. f. Liability And Responsibility for Reef Materials i. Proposer must provide an express guarantee within its Deployment Plan, that upon its handling and movement of the artificial reef materials, all responsibility for the safe handling, storage,transportation,and deployment of the materials, as well as all liability and risk of loss shall be borne by the CONTRACTOR. This liability, assumption of risk and responsibility shall remain with the CONTRACTOR until the materials are deployed upon the sea floor within the U.S. Army Corps of Engineers Permitted Artificial Reef Area. Note: The Proposer must acknowledge these express requirements in its proposal. C. PRICE (40 Points) Proposer must detail within its Deployment Plan a final total cost to provide all labor, materials, and equipment necessary as indicated in the Deployment Plan, with a price breakdown as set forth below-, a. Remediation: Lump sum price for cleaning artificial reef materials as required herein. b. Mobilization: Lump sum price for taking from shore and deploying upon the sea floor as required herein. i. Additional lump sum price, if the artificial reef materials will be moved via ground transportation from the current staging location to another new staging site (including the cost of the site, and securing the required permits). c. Deployment: Lump sum price for final placement upon the sea floor as required. herein. Page 12 of 74 1097 d. Performance and Payment Bonds: If required, will be a pass-through cost. Do not include in any price proposal, e. Proposer may include Optional Add-Ons: i. Specific Services and associated prices ii. Price per additional tonnage of artificial reef materials to be deployed D. COUNTY FORMS (Y/N) In this section of the Proposal, the Proposer shall attach the following forms, which are required as part of this RFP: A. Proposal Form; B. Affidavit of County Forms; C. Proposer's Insurance and Indemnification Statement; D. Insurance Agent's Statement; and a completed Insurance Checklist; E. Bid (Proposal) Bond; and F. Proposer's Business Tax Receipt and/or License(s). Article 11. Special Terms and Conditions 1. SPECIAL INSTRUCTIONS The selection of a Respondent to provide services will be based on the following process: A. All interested parties shall submit written proposals that address each aspect of the Scope of Work and Selection Criteria in the sequence presented in the RFP. Respondents may also include additional material they deem relevant to their selection. B. A Selection Committee will evaluate the submitted proposals, rank their responsiveness to the Selection Criteria, and identify the top-ranked Proposers. C. The Selection Committee shall require the CONTRACTOR to execute an agreement that incorporates the RFP and the Proposal. The Selection Committee's recommendation of the Contractor as the final, top-ranked Proposer and the partially executed agreement will be presented to the Board of County Commissioners for final approval. The County reserves the right to reject any and all Proposals,or any part of a Proposal. The County reserves the right to waive informalities, technical errors, variations, and irregularities in any or all Proposals that do not render the Proposal non-conforming, to re- advertise for Proposals, to separately accept or reject any item or items and/or to award and/or negotiate a contract as may be deemed best for the interests of the County. Proposals which contain modifications, are incomplete, conditional, obscure, or which contain additions not requested or irregularities of any kind,or which do not comply in every respect with the Instruction to Respondents, and the proposal documents, may be rejected at the option of the County. The County may contact a Respondent to request clarification of an ambiguity in the Respondent's proposal. 2. PROPOSAL DOCUMENT & SPECIAL FORMS In addition to submitting the Deployment Plan, Proposer shall complete and execute the forms specified below and found at the designated pages in this RFP. Failure to provide fully completed Page 13 of 74 1098 and executed documents may result in the Proposer being determined to be not fully responsive to the RFP: A. Proposal Form; B. Affidavit of County Forms; C. Proposer's Insurance and Indemnification Statement', D. Insurance Agent's Statement; and a completed Insurance Checklist; E. Bid Bond (Proposal Security); and F. Proposer's Business Tax Receipt and/or License(s). Only complete sets of Proposal Documents will be issued and shall be used in preparing proposals, The County does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets. Neither the County, nor any officers, employees, or agents, assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Proposal Documents. Proposers may obtain complete sets of the Proposal Documents from the County's electronic bidding platform at ILtIn )q OR ww w, o rn nroe0 UC Illy- ----------- gvL -reBids as stated in the Notice of Request for Competitive Solicitations. U-3�Li 3. PROPOSAL SECURITY Each Proposal shall be accompanied by a Proposal Security made payable to Monroe County, in the amount of five percent(5%)of the Proposer's maximum Proposal base price (this excludes the value of optional add-ons). The Proposal Security shall be in the form of a certified check made payable to the County, or in a bond from a Surety Company authorized to do business in Florida. If a Bid Bond is submitted as Proposal Security, the attorney-in-fact who executes the bond on behalf of the surety shall affix to the Bond a certified and current copy of his/her power of attorney. The Proposal Security constitutes a pledge by the Proposer that he/she/it will enter into a Contract with the County on the terms and conditions stated in this RFP and the responsive Proposal. The Proposal Security of the successful Proposer will be retained until such Proposer has entered into a Contract with the County, whereupon it will be returned. If the successful Proposer fails to execute and deliver the Contract, the County may annul the Notice of Award and the amount of the proposal security of that Proposer shall be forfeited to the County not as a penalty, but as liquidated damages, The Proposal Security of any Proposer may be retained by the County until either: (a) the Contract has been executed, or (b) the ninety-first (91") day after the Proposal opening, or(c)the ninety-first(91") day after all Proposals have been rejected. 4. DETERMINATION OF SUCCESSFUL RESPONDENT Following the receipt of the proposals, the Selection Committee will meet in a publicly noticed meeting and evaluate the responses based on the criteria and point total below. Each section will be given points used to score and evaluate firms and individuals. The point structure is as follows: CRITERIA MAXIMUM POINTS A. MINIMUM CONTRACTOR QUALIFICATIONS (20 Points) B. PROPOSED PROJECT APPROACH (40 Points) C. PRICE (40 Points) D. COUNTY FORMS (Y/N) TOTAL 100 Page 14 of 74 1099 Tie Responses: In the event the same competitive solicitation amounts are received from two (2) or more responders who are considered by the BOCC to be equally qualified and responsive or when two or more responders are equal in rank and score, and only one (1) of the responders has a principal place of business in Monroe County, Florida, the award shall be to the responder Who has a principal place of business located in Monroe County, Florida, except where prohibited by federally funded or state funded contracts. Otherwise, the tie will be resolved by draw from an opaque container. 5. MILESTONE DATES The Proposer is to note the following special milestone dates: Proposal Documents Available 08/03/2024 Non-Mandatory Pre-Proposal Site Visit 08/12/2024 Last Day to Submit Request for Information (RFI's) 08/14/2024 Proposal Due Date 08/28/2024 BOCC Award Date (Anticipated) 10/16/2024 6. MISCELLANEOUS REQUIREMENTS A. EXAMINATION OF PROPOSAL/CONTRACT DOCUMENTS i. Each Respondent shall carefully examine the proposal/contract documents and inform itself thoroughly regarding any and all conditions and requirements that may in any manner affect the cost or the goods or the services to be provided under the contract. Ignorance on the part of the Respondent will in no way relieve the organization of the obligations and responsibilities assumed under the contract. ii. Should a Respondent find discrepancies or ambiguities in, or omissions from, the proposal documents, or should the organization be in doubt as to their meaning, the organization shall at once notify the County in writing via notifications enabled through h142'-"//tiioi-yroecotiLily-tl,,t)onfiretii.�b,,,com. iii. The submission of a Proposal will constitute a representation by the Proposer that he/she/it has complied with every requirement of the RFP and that the Proposal Documents are sufficient in scope and detail to indicate and convey an understanding of all terms and conditions for performance of the work. B. INTERPRETATIONS AND CLARIFICATIONS i. Proposers to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award,excluding Saturdays, Sundays, and state holidays, any employee or officer of the County concerning any aspect of this solicitation, except in writing to the procurement officer, procurement software, or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response. ii. No oral interpretations will be made to any Proposer as to the meaning of the contract documents. Any inquiry or request for information/interpretation (RFI) received in writing ten (10) or more business days prior to the date fixed for opening of responses will be given consideration. Inquiries should be emailed to h .://njonroecg, 11,bont'ireliub.coni. All such changes or interpretations will be made in Page 15 of 74 1100 writing in the forin of an Addendum and, if issued, will be furnished by posting on the website at Lijjps:/hnoi ixoeCOL 1.1 onfirehub.cmri OR www.monr0eccorny- ,(L(.jv/BopjreBidS prior to the established opening date. Interpretations, corrections, or changes of the Proposal Documents made in any other manner will not be binding, and Proposers shall not rely upon such interpretations, corrections, and changes. Oral and other interpretations or clarifications will be without legal effect. iii. Each Respondent shall acknowledge receipt of such Addenda in their Response. In case any Respondent fails to acknowledge receipt of such Addenda or Addendum, his/her/its response will nevertheless be construed as though it had been received and acknowledged and the submission of his/her/its response will constitute acknowledgment of the receipt of same. All Addenda are a part of the contract documents,and each Respondent will be bound by such Addenda, whether or not received by him/her/it. It is the responsibility of each Respondent to verify that it has received all Addenda issued before responses are opened. iv. No Addenda will be issued later than five(5) business days prior to the date for receipt of Proposals except for an Addendum withdrawing the Request for Proposals or one which includes postponement of the date for receipt of Proposals. C. PREPARATION OF PROPOSALS i. Signature of the Proposer: The Proposer must sign the Proposal forms in the space provided for the signature. If the Proposer is an individual, the words "doing business as or "Sole Owner" must appear beneath such signature. If"doing business as"is used,the Proposer must provide proof of a duly registered fictitious name with the Department of State that matches the d/b/a. In the case of a partnership, the signature of at least one(1) of the partners must follow the firm name and the words "Member of the Firm" should be written beneath such signature. If the Respondent is a corporation, the title of the officer signing the proposal on behalf of the corporation must be stated along with the Corporation Seal Stamp (if one exists) and evidence of his/her authority to sign the proposal must be submitted. The Proposer shall state in the proposal the name and address of each person interested therein, ii. The Proposer is solely responsible for all costs of preparing and submitting the response, regardless of whether a contract award is made by the County. This RFP does not constitute an offer for employment or contract for services. D. SUBMISSION OF PROPOSALS i. Interested firms or individuals shall submit one (1) electronic copy of the Proposal(s), tabbed, and indexed in Adobe Acrobat file (.PDF) format. ii. The Monroe County Purchasing Department hereby directs bids be submitted via the Bonfire electronic bidding platform at ti,jjn<�L�i�1�2Lg 1y.41'j)'o'ii f''i'reh'huh' c c'' )T.�i �, no later than 3:00 P.M. on August 28, 2024, or any extension thereof made by Addendum. There is no cost to the bidder to use the Bonfire platform. Page 16 of 74 1101 iii. Bonfire will not allow any Proposals to be uploaded after the time and date for receipt of Proposals. Proposals received after the time and date for receipt of Proposals will not be considered. Please allow sufficient time to complete the forms and upload of all proposal documents. Proposers should not wait until the last minute to submit the proposal documents. All information and documents must be fully entered, uploaded, and accepted by Bonfire before the closing time or Bonfire will stop the process and the response will be considered late and will not be accepted. iv. Oral,telephonic,telegraphic,emailed,and faxed Proposals are invalid and will not receive consideration. V. All submissions must remain valid for a period of ninety (90) days from the date of the deadline for submission stated above. The County will automatically reject the response of any person or affiliate who is in violation of any of the "REQUIRED PROVISIONS" within Article 111, "General Terms and Conditions," contained herein. Monroe County declares that all or portions of the documents and work papers and other forms of deliverables pursuant to this request shall be subject to reuse by the County. vi. Please do not submit your confidential financial information as part of your proposal upload. There are separate uploads for each set of documents, including confidential financial information. All proposals will be made public on the platform after an intended decision or thirty (30) days, whichever is earlier, unless the bids/proposals are rejected in accordance with Section 119.071, Florida Statutes. If your proposal document includes financial information, that information will not be considered confidential and will be available and viewable to the public in accordance with public records law. In the event of a discrepancy between the bid amount or amounts on the Proposal Form and the bid amount or amounts entered in Bonfire, the bid amount or amounts listed in the Proposal Form provided by Monroe County in the RFP is the amount or amounts that will be utilized by staff when considering the bid proposal. The County reserves the right to waive any proposal/bid irregularity, vii. Any proposal may be withdrawn on Bonfire prior to the time and date scheduled in the Notice of Request for Competitive Solicitations for the opening thereof. Withdrawn Proposals may be resubmitted on Bonfire up to the time designated for the receipt of Proposals provided that they are then fully in conformance with these Instructions to Proposers. All other proposals received must remain valid for a period of ninety(90)days after the date designated for receipt of Proposals. The County may, at its sole discretion, release any Proposal before the ninety (90) days period has elapsed. A Proposal may not be modified,withdrawn, or cancelled by the Proposer during the stipulated time period following the time and date designated for the receipt of Proposals, except as provided in Article XV1114 (Right to Claim Error in Proposal) and each Proposer so agrees in submitting its Proposal. Page 17 of 74 1102 viii. Written proposal modifications will be accepted from Respondents prior to the time and date designated for receipt of Proposals, by removing the existing proposal from Bonfire and uploading a new, complete proposal. The new submission shall comply with requirements for the original proposal. Proposals may be withdrawn on Bonfire prior to the time and date designated for the receipt of Proposals. Withdrawn Proposals may be resubmitted on Bonfire up to the time designated for the receipt of Proposals provided that they are then fully in conformance with these Instructions to Proposers. Conditional, altered, or qualified proposals will be rejected. Proposers are to comply with the instructions on the proposal forms, and not make any changes thereto. E. OPENING OF PROPOSALS i. The proposal opening for this solicitation will be held virtually, via the internet, at 3:00 P.M., on Wednesday, August 28, 2024. You may call in by phone or internet using the following: Join Zoom Meeting Littq2s://mcbocc zoo 09326156 Meeting ID: 450 932 6156 One tap mobile +16465189805,,4509326156#US (New York) +16699006833,,4509326156#US (San Jose) Dial by your location +1646 518 9805 US (New York) +1669 900 6833 US (San Jose) F. PROTEST PROCEDURE Any Proposer who claims to be adversely affected by the decision or intended decision to award a contract shall submit in writing a notice of protest which must be received by the County Attorney's Office within seventy-two (72)hours or three (3) business days, whichever is less, after the posting of the Notice of Decision or Intended Decision on the electronic bidding platform or posting of the Notice of Decision or Intended Decision on the Monroe County Board of County Commissioners' (BOCC) agenda, whichever occurs first. Additionally, a formal written protest must be submitted in writing and must be received by the County Attorney's Office seventy-two (7) hours or three (3) business days prior to the Board of County Commissioner's meeting date in which the agenda item for award of contract by the Board of County Commissioners will be heard. The only opportunity to address protest claims is before the BOCC at the designated public meeting in which the agenda item awarding the contract is heard. In accordance with the Rules of Debate as set forth in the Monroe County Board of County Commissioners Administrative Procedures, the Bidder/Respondent/Proposer that filed the protest is responsible for providing the Clerk with his/her name and residence prior to the agenda item to award the contract being called in order to preserve their opportunity to be heard on this matter. An individual has three (3) minutes to address the Commission and a person representing an organization has five (5) minutes to address the Commission. The BOCC decision to award the contract is final and at their sole discretion. Failure to timely protest within the Page 18 of 74 1103 times and in the manner prescribed herein shall constitute a waiver of the ability to protest the award of the contract, unless the BOCC determines that it is in the best interest of the County to do so. The filing of a protest shall not stop the solicitation, negotiations, or contract award process, unless it is determined it is in the best interest of the County to do so. G. EXECUTION OF CONTRACT The Respondent to whom a Contract is recommended for award shall be provided and will be required to return to the County one (1) executed original of the prescribed Contract, upon consent and approval of the County Attorney, together with the required certificates of insurance, and proof of any required licenses not previously provided, within fifteen(15) days from the date of notice of acceptance of the Proposer's proposal. A Notice to Proceed will be issued to the Contractor after approval of the contract by the BOCC and upon satisfactory compliance with these provisions. In no event shall failure of the Contractor to provide satisfactory Insurance Certificates within the stipulated time be cause for an extension of the contract time. The County will return one (1) fully executed copy of the Contract Agreement to the Contractor with all other Contract Documents. Article 111. General Terms and Conditions 1-DEFINITIONS OF GENERAL, TERMS Terms used in these Instructions to Proposers, which are defined in the General Conditions, shall have the same meanings or definitions as assigned to them in the General Conditions. A. A Proposal, Bid, or Response: A complete and properly signed proposal to do the Work for the sums stated therein,including any County Options or Alternates stipulated therein, and submitted in accordance with the Proposal Documents. In this Request for Proposals the word "Bid" is used interchangeably for"Proposal" or"Response". B. Addenda: Written or graphic instruments issued by the County, its agents, employees or consultants prior to the receipt of Proposals, which modify or interpret the Proposal Documents by additions, deletions, clarifications, or corrections. C. Allowance: A given amount to be included in the Proposer's proposal. From this Allowance, payments will be made to the vendor for the specified service or project. If the Contractor is responsible for making payments to a subcontractor,he/she will be reimbursed for the payments to the vendor via presentation of invoices acceptable to the County and Clerk. Allowance may include labor, materials, installations, permits, etc. D. Alternate Proposal- (or Alternate) An amount stated in the Proposal to be added to or deducted from the amount of the Base Proposal if the corresponding change in the Work, as described in the Proposal Documents, is accepted by County. E. Base Proposal:The sum stated in the Proposal for which the Proposer offers to perform the Work described in the Proposal Documents as the base, to which may be added or from which Work may be deleted for sums stated in an Alternate Proposal or County Option Proposals. F. Contract: The written contract resulting from this solicitation between the County and the awarded Respondent, including this RFP, and the awarded Respondent's response along with any written addenda and other written documents, which are expressly incorporated by reference. Page 19 of 74 1104 G. Contractor- The person or entity that is charged with completing the work described herein. For purposes of this solicitation, "Contractor," "Proposer," and "Respondent" are used interchangeably. H. County: Monroe County, Florida. I. Department: Unless otherwise noted, "Department" shall refer to the Artificial Reefs Program Department of Monroe County. J. Lump Sum: A sum agreed upon as the total cost of a job. K. Perform: To comply fully with the specified or implied requirements of the Contract. L. Person or Persons: An individual, firm, partnership, corporation, association, executor, administrator, trustee, or other legal entity, whether singular or plural, masculine or feminine, as the context may require. M. Proposal Documents: Include the Notice of Request for Competitive Solicitation, Instructions to Proposers, Request for Proposal, Proposal, Pre-Proposal Substitutions, Scope of Work,Milestone Schedule and other sample Proposal and contract forms and the proposed Contract Documents including any addenda issued prior to receipt of Proposals. The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda issued prior to execution of this Agreement, together with the response to RFP and all required insurance and license and certification documentation, and Modifications issued after execution of this Agreement. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. N. Proposer: A person or entity who submits a Proposal to the solicitation (RFP), That person or entity duly authorized, upon award of a contract,to have a Contract with the County to provide the product and/or services set forth herein and incurring liability for the same.Proposer is synonymous with"Respondeiif'or"Contractor"far purposes of this document. O. Provide: "Furnish and install". Wherever "provide" or "furnish and install" are used, this shall mean the purchase and complete installation,and all purchasing requirements and procedures, as per the specified or implied requirements of the Contract, P. Sub-bidder: Person or entity who submits a bid to a Proposer for materials or labor for a portion of the Work. Q. Unit Price: means an amount stated in the Proposal as a price per unit of measurement for materials or services as described in the Proposal Documents or in the proposed contract documents. Unit prices shall apply to change orders. 2. REQUIRED PROVISIONS A. NON-COLLUSION AFFIDAVIT: Any person submitting a bid or proposal in response to this invitation must execute the attached COUNTY FORMS AFFIDAVIT and submit with his/her/its bid or proposal. If it is discovered that collusion exists among the respondents, the bid or proposals of all participants in such collusion shall be rejected, and no participants in such collusion will be considered in future bids for the same work. B. PUBLIC ENTITY CRIME: All requests for competitive solicitation and any contract document shall contain a statement which reads as follows (Section 287.133, Florida Statutes): "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid,proposal,or reply Page 20 of 74 1105 on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36)months following the date of being placed on the convicted vendor list, Category Two: $35,000.00 C. LOBBYING AND CONFLICT OF INTEREST CLAUSE: Any person submitting a bid or proposal in response to this invitation must execute the attached LOBBYING AND CONFLICT OF INTEREST CLAUSE and submit it with his/her/its bid or proposal. Failure to complete this form in every detail and submit it with the bid or proposal may result in immediate disqualification of the bid or proposal. D. ETHICS CLAUSE: Each contract/agreement entered into by the County shall contain, in accordance with Subsection 2-152(b), Monroe County Code of Ordinances, the following ethics clause: "(Person or business entity) warrants that he/she/it had not been employed, retained or otherwise had act on his/her/its behalf any former County officer or employee subject to the prohibition of Section 2-149 of the Monroe County Code of Ordinances or any County officer or employee in violation of Section 2-150, Monroe County Code of Ordinances. 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 fall amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee." E. ESG FACTORS: Bidders are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the County will not request documentation of or consider a Bidder's social, political, or ideological interests when determining if the Bidder is a responsible Bidder. Bidders are further notified that the County's governing body may not give preference to a Bidder based on the Bidder's social, political, or ideological interests. F. PROHIBITION OF UNAUTHORIZED ALIENS: In accordance with Executive Order 96- 236, Monroe County shall consider the employment by the CONTRACTOR of unauthorized aliens a violation of sub-section 274A(a) of the Immigration and Nationality Act. Such violation shall be cause for unilateral cancellation of this CONTRACT if the GRANTEE/CONTRACTOR knowingly employs unauthorized aliens. G. E-VERIFY REQUIREMENTS: Effective January 1, 2021, public and private employers, contractors and subcontractors must require registration with, and use of the E-verify system in order to verify the work authorization status of all newly hired employees. Contractor acknowledges and agrees to utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: All persons employed by Contractor to perform employment duties within Florida during the term of the contract; and All persons (including subvendors/subconsultants/subcontractors) assigned by Contractor to perform work Page 21 of 74 1106 pursuant to the contract with the County. The Contractor acknowledges and agrees that use of the U.S. Department of Homeland Security's E-Verify System during the term of the contract is a condition of the contract with the County. By entering into this Agreement,the Contractor becomes obligated to comply with the provisions of Section 448.095, Florida Statutes, "Employment Eligibility," as amended from time to time. This includes,but is not limited to,utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit to Contractor attesting that the subcontractor does not employ, contract with,or subcontract with,an unauthorized alien. Contractor agrees to maintain a copy of such affidavit for the duration of this Agreement. Failure to comply with this paragraph will result in the termination of this Agreement as provided in Section 448.095, Florida Statutes, as amended, and Contractor may not be awarded a public contract for at least one (1)year after the date on which the Agreement was terminated. Contractor will also be liable for any additional costs to County incurred as a result of the termination of this Agreement in accordance with this Section. H. ANTITRUST VIOLATIONS; DENIAL OR REVOCATION UNDER SECTION 287.137, F.S.: Pursuant to Section 287.137, Florida Statutes, as may be amended, a person or an affiliate who has been placed on the antitrust violator vendor list (electronically published and updated quarterly by the State of Florida) following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply for any new contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply for a new contract with a public entity for the construction or repair of a public building or public work;may not submit a bid, proposal,or reply on new leases of real property to a public entity;may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a new contract with a public entity; and may not transact new business with a public entity. By entering this Agreement, Contractor certifies neither it nor its affiliate(s)are on the antitrust violator vendor list at the time of entering this Agreement. False certification under this paragraph or being subsequently added to that list will result in termination of this Agreement, at the option of the County consistent with Section 287.137,Florida Statutes, as amended. 1. SCRUTINIZED COMPANIES & FOREIGN COUNTRIES OF CONCERN: CONTRACTOR must certify that it: a) has not been placed on the Scrutinized Companies that Boycott Israel List, nor is engaged in a boycott of Israel; b) has not been placed on the Scrutinized Companies with Activities in Sudan List nor the Scrutinized Companies with Activities in the Iran Terrorism Sectors List (formerly the Iran Petroleum Energy Sector List); and c)has not been engaged in business operations in Cuba or Syria. If County determines that Contractor has falsely certified facts under this paragraph, or if Contractor is found to have been placed on a list created pursuant to Section 215.473, Florida Statutes, as amended, or is engaged in a boycott of Israel after the execution of this Agreement, County will have all rights and remedies to terminate this Agreement consistent with Section 287.135, Florida Statutes, as amended. The County reserves all rights to waive certain requirements of this paragraph on a case-by-case exception basis pursuant to Section 287.135, Florida Statutes, as amended. Beginning January 1, 2024, the County must not enter into a contract that grants access to an individual's personal identifying information to any Page 22 of 74 1107 Foreign Country of Concern such as: People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolds Madero, or the Syrian Arab Republic, unless the Contractor provides the County with an affidavit signed by an authorized representative of the Contractor, under penalty of perjury, attesting that the Contractor does not meet any of the criteria in subparagraphs (2)(a)-(c) of Section 287.138,Florida Statutes, as may be amended. Beginning January 1, 2025, the County must not extend or renew any contract that grants access to an individual's personal identifying information unless the Contractor provides the County with an affidavit signed by an authorized representative of the Contractor, under penalty of perjury, attesting that the Contractor does not meet any of the criteria in subparagraphs (2)(a)- (c) of Section 287.138, Florida Statutes, as may be amended. Violations of this Section will result in termination of this Agreement and may result in administrative sanctions and penalties by the Office of the Attorney General of the State of Florida. Note: The List is available at the following Department of Management Services Site: LA�2//ww y.Aln Ljoy 'LgLid, «a fbUSir1eSS crati(Liu�Lsj�itf 2ji e information/convi tj d_discrirninat i giiipints vendor lists L --ai------—------ J. COMPLIANCE WITH FOREIGN COUNTRIES OF CONCERN PURSUANT TO SECTION 287.138, F.S: By submitting a proposal to the County, CONTRACTOR certifies that it is not owned by the government of a Foreign Country of Concern,is not organized under the laws of nor has its Principal Place of Business in a Foreign Country of Concern, and the government of a Foreign Country of Concern does not have a Controlling Interest in the entity. K. DISCRIMINATORY VENDOR LIST- By submitting its Proposal, Contractor hereby acknowledges its continuous duty to disclose to the County if the Contractor or any of its affiliates, as defined by Section 287.134(1)(a), Florida Statutes, are placed on the Discriminatory Vendor List. Pursuant to Section 287.134(2)(a),Florida Statutes: "An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid,proposal,or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity," L. NONCOERCIVE CONDUCT FOR LABOR OR SERVICES: As a nongovernmental entity submitting a proposal, executing, renewing, or extending a contract with a government entity, Contractor is required to provide an affidavit under penalty of perjury attesting that Contractor does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes. As an authorized representative of Contractor, I certify under penalties of perjury that Contractor does not use coercion for labor or services as prohibited by Section 787.06. Additionally, Contractor has reviewed Section 787.06, Florida Statutes, and agrees to abide by same. M. PROHIBITED TELECOMMUNICATIONS EQUIPMENT: By submitting its Proposal, Contractor represents and certifies that it and its applicable subcontractors do not and will not use any equipment, system, or service that uses covered Page 23 of 74 1108 telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, as such terms are used in 48 CFR §§ 52.204-24 through 52.204-26, By executing this Agreement, Contractor represents and certifies that Contractor and its applicable subcontractors must not provide or use such covered telecommunications equipment, system, or services for any scope of work performed for the County for the entire duration of any Agreement executed as result of this RFP. If Contractor is notified of any use or provisions of such covered telecommunications equipment, system, or services by a subcontractor at any tier or by any other source, Contractor must promptly report the information in 40 CFR § 52.204-25(d)(2)to County. N. TRADE SECRETS AND PROPRIETARY CONFIDENTIAL BUSINESS INFORMATION: Documents submitted by Contractor which constitute trade secrets as defined in Sections 812.081 and 688.002, Florida Statutes, as amended from time to time, or proprietary confidential business information when held by the County as a utility owner, consistent with Section 119.0713(5), Florida Statutes, as amended from time to time,and which are clearly marked or stamped as confidential by the Contractor at the time of submission to the County, will not be subject to public access. However, should a requestor of public records challenge Contractor's interpretation of the term "trade secrets" or "proprietary confidential business information," within five (5) calendar days of such challenge, Contractor must provide a separate written affidavit that includes an indemnification and release guarantee, as approved by the County Attorney or designee, to the County to support its claim that the alleged trade secrets or proprietary confidential business information actually constitutes same as defined by law. Contractor must demonstrate the need for confidentiality of the documentation by showing a business advantage or an opportunity to obtain an advantage if the documentation was released. Otherwise, Contractor is required to timely seek a protective order in the Circuit Court of the 16th Judicial Circuit in and for Monroe County to prevent the County's release of the requested records. 0. PUBLIC RECORDS: Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record"materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party,be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of any contract resulting from this R.FP. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Section 119.0701, Florida Statutes and the terms and conditions of this contract,the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records,provide Page 24 of 74 1109 the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119,10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy, or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT PHONE NO. 305-292-34709 BRADLEY- BRIAN*MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY9S OFFICE, 1111 12TH STREET, SUITE 4089 KEY WEST, FL 33040. P. NON-DISCRIMINATION REQUIREMENTS The CONTRACTOR is required to be in compliance with the following Federal employment guidelines when employing individuals with ftinds obtained through this contract: Title 42, United States Code Section 2000d (Section 601, Title V1, Civil Rights Act of 1964 as amended); Title 29, United States Code Section 794 (Section 504, Rehabilitation Act of 1973, as amended); Title 20, United States Code Section Page 25 of 74 1110 1681 (Section 901, Title IX, Public Law 92-318, prohibiting discrimination of the basis of sex); Title 42, United States Code (Section 6101 Title 11 of Public Law 94- 135,prohibiting discrimination on the basis of age); Executive Order 11246, entitled "Equal Employment Opportunity", as amended by Executive Order 11375 and as supplemented in Department of Labor Regulations (41 CFR Part 60); and Under Title 40, United States Code Section 276a to a-7 (as supplemented by Department of Labor Regulations, 29 CFR, Part 5), CONTRACTORS shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of labor. In addition, CONTRACTORS shall be required to pay wages not less often than once a week. 3. GOVERN-ING LAWS AND REGULATIONS A. The Contractor shall comply with and give information and notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work. Contractor expressly acknowledges and agrees to be held to all laws and regulatory standards imposed upon County according to the terms and conditions set forth in FWC Agreement #23132 - State Grant Recipient Agreement between SOF (Florida Fish and Wildlife Conservation Commission) and Monroe County Board of County Commissioners for Florida Artificial Reef Program (CSFA No. 77-007). This includes, but in no way is limited to, the requirements of Sections 215.97 and 215.971, F.S,, that set forth "Florida's Single Audit Act" and the requirements for contracts and projects funded through state assistance. In addition, Contractor expressly acknowledges and agrees to be held to all laws and regulatory standards imposed upon the County in the pending permit application filed with U.S. Army Corp of Engineers by Monroe County,FL and FWC under Application Number SAJ-2024-00133 for issuance of Gulfside Ten Mile Reef Permit dated 2/16/2024. B. The Respondent is required to be familiar with and shall be responsible for complying with all federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the work. Knowledge of occupational license requirements and obtaining such licenses for Monroe County, State of Florida, and/or municipalities within Monroe County are the responsibility of the Bidder/Respondent. C. Respondent shall be required to obtain a Monroe County Business Tax Receipt and/or Contractor's license before beginning operations. Respondent shall also be responsible for obtaining any additional licenses which may be required of Respondent prior to performing the transportation and siting of the artificial reef structure in accordance with all regulatory requirements. 4. SAFETY REQUIREMENTS &EMERGENCY CONSIDERATIONS A. All application, material handling, and associated equipment shall conform to and be operated in conformance with Fire and Life Safety requirements, as well as Occupational Safety and Health Administration("OSHA")safety requirements. In addition,the Proposer must utilize a Project Safety and Health Plan outlining minimum requirements of job site safety as established by OSHA Parts 1910 and 1926, Construction Industry Standards and Interpretations. Requests for variances or waiver from this supplement are to be made to the Contracting Officer in writing supported by evidence that every reasonable effort has been made to comply with the contractual requirements. The Contractor agrees to hold and save harmless Monroe County,Florida free from any claims or causes of action whatsoever Page 26 of 74 resulting from the Contractor or subcontractors proceeding under a waiver or approved variance of OSHA standards. B. The Contractor shall use every available precaution to provide for the safety of person and property connected with the work under the Contract, and other persons who may be affected thereby. The Contractor is responsible for the conduct of his employees at all times. Misconduct, destruction of property, unsafe practices, or violation of any Federal or State regulations including abuse of alcohol or drugs,will be cause for permanent dismissal from the project. If any Contractor's employee is determined to be detrimental to the Project, as deemed by the Artificial Reef Program, the Contractor will remove and/or replace the employee at the request of the Director of the Artificial Reef Program. Employees dismissed from the project will be transported from the job site at the Contractor's expense. Co To the extent that a crane lift or concrete boom truck plan is required for any crane lift on a Monroe County project the following will apply: i. Lifts exceeding(75%)seventy-five percent of the crane's stability/structural capacity chart, requiring movement of a crane carriage with the load, personnel platforms, sensitive loads (long lead time,cost),loads requiring two(or more)hooks, work over occupied facilities, or work involving encroachment on public rights of way are considered critical. These lifts must be authorized by a Florida licensed-professional engineer(PE)(the contractor must budget for said professional review within project budget), in advance of use in this project. Additionally, a critical lift Job Hazard Analysis shall be submitted with the Crane Lift Plan. Crane Lift Plans must be submitted at least 48 hours (2 business days)prior to mobilization—five (5) business days for critical and helicopter lifts. Crane Lift Plans must be based on"worst case" combination of load weight with chart deductions and lift radius for a specific crane configuration in a specific location. The Crane Lift Plan may be valid for more than one (1) day, as long as the configuration, location, maximum expected load, and maximum expected radius does not change. Use multiple lift plans for multiple locations. The Crane Lift Plan must be COMPLETE along with attachments All rigging devices MUST bear the name of the manufacturer and be certified as to their capacity. Custom-fabricated devices (lifting beams, spreader bars, etc.), may be acceptable with proper PE stamp or proof testing as required by applicable standards. Capacities shall be marked and legible on all such devices. Work that is not anticipated in the Crane Lift Plan but may arise due to site conditions (moving equipment,loading materials onto floors,etc.)must be reviewed with Monroe County prior to hoisting. Changes affecting crane configuration and/or location may require the Crane Lift Plan to be amended. The Contractor is responsible (determining adequacy, supplying and installing) for all supporting material (as defined within 29 CFR 1926.1402) necessary for the crane lift. The Contractor is responsible to train all personnel involved in the Assembly/Disassembly and or Crane Lift. The Contractor must provide the following information along with the Crane Lift Plan: Competent/Qualified Person Designation Forms for A/D Director, Operator, Rigger, and Signal Person; Load Chart (complete with notes); Range Chart; Dimension Illustration and Specifications for Crane; Lightning and Wind Restrictions (from operator's manual); Area (Quadrant) of Operation Diagram; Operators License, Operators Training Information, USDOT Medical Certification, OSHA 10/30 Hour Course Completion Cards, as may be required by the project; Jurisdictional Registration, if required; JHA for Assembly/Disassembly of Crane, Severe Weather, Page 27 of 74 1112 Truck Load/Unload,Etc.;JHA for Power Line Encroachment; Third Party Inspection Certification and Report—see Crane Lift Plan for requirements (Note: The inspector shall be certified with the CCAA); Weights of Materials; Rigging Plan; Logistics Plan. The Contractor shall comply with the Site-Specific Safety Plan. The Contractor/Crane Company/Rigging Company is responsible for the accuracy of plan and inspections. This planning process has been established to help ensure proper coordination between Contractor, subcontractors, and Monroe County, It is the responsibility of the Contractor/Subcontractor and the Crane Operator to ensure that they and their employees are qualified, competent, properly equipped and properly trained to perform the activities outlined in this plan, D. In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency may be considered under the appropriate Change Order provisions of the Agreement. S. PERFORMANCE & PAYMENT A. Unless otherwise provided in the Contract Documents,the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. i. The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Contractor which are legally incurred, whether or not yet effective or merely scheduled to go into effect. ii. If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. B. Contract Sum. The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the County to the Contractor for performance of the Work wider the Contract Documents. C. Payment Invoices. To the extent that progress payments are agreed upon, the Artificial Reefs Program will review all Invoices by the Contractor. All invoices must be submitted with appropriate documentation, and must be in a form acceptable to the Monroe County Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. After reviewing and certifying the amounts due the Contractor,the request for payment will be processed by the Artificial Reefs Program pursuant to Florida's Local Government Prompt Payment Act, as may be amended from time to time. Monroe County's performance and obligation to pay under this contract are contingent upon annual appropriation by the Board of County Commissioners. i. Rejection of Work. The Artificial Reefs Program will have authority to reject invoices for Work which does not conform to the Contract Documents, and to require additional data or deliverables pursuant to the Agreement. Subject to review, the Artificial Reef Program will have the authority to reject Work which does not conform to the Contract Documents. The Artificial Reef Program will interpret and decide matters concerning performance under and requirements of the Contract Documents on written request of the Contractor. The response of Page 28 of 74 1113 the Artificial Reef Program to such requests will be made with reasonable promptness and within any time limits agreed upon. ii. Final Completion and Final Payment. Upon completion of the Work, the Contractor shall forward to the Artificial Reef Program a written Notice that the Work is ready for final inspection and acceptance and shall also forward to the Artificial Reef Program a final Contractor's Invoice for Final Payment. Upon receipt, the Artificial Reef Program will promptly make such inspection. When the Artificial Reef Program, finds the Work acceptable under the Contract Documents and the Contract fully performed, the Artificial Reefs Program will promptly issue a final Approval for Payment stating that to the best of their knowledge, information and belief, and on the basis of their observations and inspections, the Work, has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in said final Approval is due and payable. Neither final payment nor any remaining balance shall become due until the Contractor submits to the Artificial Reefs Program (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is made, is currently in effect and will not be canceled or allowed to expire until at least thirty (30) days' prior written notice has been given to the County, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the County, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract. D. Claims for Additional Cost Generally Not Accepted. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under this Agreement. If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Artificial Reefs Program, (2) a written order for a minor change in the Work issued by the Artificial Reefs Program.. (3) failure of payment by the County, (4) termination of the Contract by the County, (5) County's suspension of the Work, or (6) other reasonable grounds, a Claim shall be filed in accordance with the procedure established herein. In a claim by the Contractor against the County for compensation in excess of the Contract Sum, any liability of the County to the Contractor shall be strictly limited and computed in accordance with the contract documents and shall in no event include indirect costs or consequential damages of the Contractor or any estimated costs or damages. 6. POWERS RESERVED BY MONROE COUNTY A. COUNTY'S RIGHT TO ISSUE STOP WORK ORDER TO CONTRACTOR. If in the sole discretion of the County, the Contractor has violated its safety or emergency plans, or it appears that persons or property are in danger,the County's Contract Administrator can immediately issue a Stop Work Order(either verbal or written)to the Contractor. Upon such Order,the Work or any portion thereof, shall Page 29 of 74 1114 be halted until the cause for such order has been eliminated; however, the right of the County to stop the Work shall not give rise to a duty on the part of the County to exercise this right for the benefit of the Contractor or any other person or entity. B. TERMINATION OR SUSPENSION OF THE CONTRACT i. Termination by the County for Cause. The County may terminate the Contract if the Contractor:persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; fails to make payment to subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or otherwise is guilty of substantial breach of a provision of the Contract Documents. When any of the above reasons exist, the County's Contract Administrator, after consultation and upon certification by Project Management that sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the County, and after giving the Contractor and the Contractor's surety, if any, seventy-two (72) hours written notice, terminate employment of the Contractor and may take possession of the site and of all materials, equipment,tools, and construction equipment and machinery thereon owned by the Contractor and finish the Work by whatever reasonable method the County may deem expedient. When the County terminates the Contract for one of the reasons stated herein,the Contractor shall not be entitled to receive further payment until the Work is finished. ii. Suspension or Termination by the County for Convenience. The County may, without cause, order the Contractor in writing to terminate, suspend, delay or interrupt the Work in whole or in part for such period of time as the County may determine. In the event of such Termination for Convenience, the County shall pay for work completed up to the date of Termination for Convenience. C. OBJECTION TO SUBCONTRACTOR(S). The Contractor shall not contract with a proposed person or entity to which the County has made reasonable and timely objection. If the County refuses to accept any person or entity on a list submitted by the Contractor in response to the requirements of the Contract Documents, the Contractor shall submit an acceptable substitute. However, no increase in the Contract Sum shall be allowed for any such substitution. D. CHANGE ORDERS. The County will have authority to order minor changes in the Work not involving adjustment in the Contract sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order issued in accordance with Monroe County Purchasing Policy and shall be binding on the County and Contractor. The Contractor shall carry out such written order promptly. 7. FORCE MAJEURI Ei AND EXTENSION(S) OF TIME If the Contractor is As used herein, "Force Majeure" means the occurrence of any event that prevents or delays the performance by either party of its obligations hereunder which are beyond the reasonable control of the non-performing party. Examples of "Force Majeure" include, but are not limited to, acts of God, natural disasters, or emergency governmental action. To invoke this paragraph, immediate written notice, consistent with the 'Notice" Page 30 of 74 1115 provisions of this Agreement, must be sent by the non-performing party describing the circumstances constituting force majeure and proof that the non-performance or delay of performance is a direct and reasonable result of such event(s). Any claim for extension of time by Contractor pursuant to this paragraph will be made not more than Seventy-two (72) hours after the commencement of the delay. Otherwise, it shall be waived. The Contractor shall immediately report the termination of the cause for the delay within seventy-two (72) hours after such termination. The County reserves its right to challenge the invocation by the Contractor within five (5) calendar days of receipt of said notice, in such case uninterrupted performance in required. However, in the event the invocation is accepted by the County, the Contractor must take all reasonable measures to mitigate any and all resulting damages, costs, delays, or disruptions to the Contractor's performance requirements under this Agreement. All obligations must resume when the circumstances of such event(s) have subsided, or other arrangements are made pursuant to a written amendment to this Agreement. If the Contractor is delayed in the progress of the Work by any act or neglect of the County, or condition precedent to commencement of work(e.g.Issuance of the U.S.Army Corp of Engineers Permit under Application Number, SAJ-2024-00133), then the contract completion time may be extended by the issuance of a No Cost Change Order for such reasonable time as the Artificial Reefs Program Director may determine. 8. LIABILITY, INDEMNIFICATION,AND CERTIFICATE OF INSURANCE A. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (13) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees,agents, sub-contractors or other invitees,or(C)Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. Nothing contained herein is intended, nor may be construed, to waive County's rights and immunities under the common law or Section 768.28, Florida Statutes, as amended from time to time; nor will anything included herein be construed as consent to be sued by any third parties in any matter arising out of this Agreement. To the extent considered necessary by the Contract Administrator, any sums due Contractor under this Agreement may be retained by the County until all of the County's claims subject to this indemnification obligation have been settled or otherwise resolved,and any amount withheld is not subject to payment of interest by the County. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during or Page 31 of 74 1116 after the term of this Agreement, and the rights and immunities reserved to the County,this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. B. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The Respondent/Contractor will be responsible for obtaining and maintaining all necessary insurance coverages listed in this RFP and within the Sample Agreement prior to commencing operation. i. Certificates of Insurance must be provided to Monroe County within fifteen (15) days after award of proposal, with Monroe County BOCC listed as an additional insured on all policies, except Workers Compensation. If the proper insurance forms are not received within the fifteen (15) days, the contract may be awarded to the next selected respondent. ii. All forms of insurance required above shall be from insurers acceptable to the County. Policies shall be written by companies licensed to do business in the State of Florida and having an agent for service of process in the State of Florida. Companies shall have an A.M. Best rating of A:VII or better. The required insurance shall be maintained at all times while Respondent/Contractor is providing service to the County. Contractor shall provide County with updated Certificates of Insurance annually on the renewal date of each policy. iii. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days' prior notification is given to the County by the insurer. C. FWC Indemnification To the fullest extent permitted by law,the Contractor shall indemnify and hold harmless FWC (the Agency), the State of Florida, Florida Wildlife Conservation Commission and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Contract. Page 32 of 74 1117 PROPOSAL FORM BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS C/O PURCHASING DEPARTMENT GATO BUILDING, ROOM 2-213 1100 SIMONTON STREET KEY WEST,FLORIDA 33040 The undersigned, having carefully examined the work, specifications, RFP documents, and addenda thereto, and other Contract Documents for the services of: Artificial Reef Materials Deployment to Gulfside Ten (10) Mile Reef MONROE COUNTY,FLORIDA and having become familiar with all local conditions including labor affecting the cost thereof,and having familiarized himself/herself/itself with material availability,Federal, State,and Local laws, ordinances, rules and regulations affecting performance of the work, does hereby propose to furnish all labor, mechanics, superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said work and work incidental hereto, in a workman-like manner, in conformance with specifications, and other contract documents including Addenda issued thereto. The undersigned further certifies that he/she/it has been given the opportunity to personally inspect the actual location(s) of where the Work is to be performed, together with the local sources of supply and that he/she/it understands the conditions under which the Work is to be performed. The successful proposer shall assume the risk of any and all costs and delays arising from the existence of any subsurface or other latent physical condition which could be reasonably anticipated by reference to documentary information provided and made available, and from any inspection and examination of the site(s). CONTRACT SUM AMOUNTS: Remediation: $ 70,000.00 Dollars. Mobilization: $70,000M Dollars. Deployment: $300,000,00 Dollars. TOTAL: $ 440,000,00 Dollars. Proposer may include Optional Add-Ons: Specific Services and associated prices: $ Dollars. Price per additional tonnage of artificial reef material(s)to be deployed: $-Dollars/--Ton. Page 33 of 74 1118 There shall be no additional charges submitted to the County for travel, mileage, meals, or lodging. Contractor must include any expenses incurred for those purposes within the LUMP SUM TOTAL price proposed herein. In addition, the Proposer shall include in his/her/its bid prices for all sales, consumer, use, and other taxes required to be paid in accordance with the law of the State of Florida or Monroe County, Florida. I acknowledge receipt of Addenda No.(s) No. I Dated ' -'A No.:D:Dated J-1 Dated Page 34 of 74 1119 CHECKLIST ACKNOWLEDGEMENT Proposer, states by its check mark in the blank beside the form and by its authorized representative's signature that it has provided the following forms: I Proposal Form 2 Deployment Plan (Tabbed per each criterion) V, 3 County Forms (State-mandated provisions) Affidavit 4 Certification Regarding Debarment, Suspension, Ineligibility 5 Proposer's Insurance and Indemnification Statement 6 Insurance Agent's Statement (signed by agent) 7 Bid Bond(Proposal Security) 8 Answered Required Questions per Subsection 2-347(h), County Code 9 Provided three (3) Customer References and three (3) Credit References 10 Provided three (3)years of Financial Statements marked"CONFIDENTIAL" by separate document upload to Bonfire 11 Current Mon-roe County Business Tax Receipt (f/k/a Occupational License) Company EIN: .65-0537750 Company Name: Biscayne Towing &Salvage, Inc D/B/A (if applicable) Company Ownership: Harry C. Offutt IV, 100%Owner Years in Business: 30 Years Company Address: 300 Alton Road, Suite 210, Miami Beach, FL 33139 Company Phone Number: i6i:358-1486 Fax: Company Web Address: www.towboatusmiami.com Number of Employees- 15 employees Company E-mail: towboatusmiami@gmail,com Management Person Responsible for Direct Contact to County and Services required for this RFP: Name: Harry C. Offutt IV Title: Sole Owner Phone Number: 305-358-1486 Email Address: towtodock@aol.com The physical business address must be registered as its principal place of business with the Florida Department of State for at least one (1)year prior to the/otice of request for id or p posal. Date: 08/20/2024 Signed: , (Sign u'e /Authorize' c�fre s c ntaev e) Harry C. Offutt IV, Sole Ow Witness: (Name & Title) Print Name: y Martinez Page 35 of 74 1120 COUNTY FORMS AFFIDAVIT PROJECT: Artificial Reef Materials Deployment to Gulfside Ten (10) Mile Reef CONTRACTOR: Biscayne Towing & Salvage, Inc By signing this Affidavit,CONTRACTOR has sworn or affirmed to the following requirements as set forth below. Public Entity Crime Statement Pursuant to Section 287,133(2)(a), Florida Statutes, as amended from time to tirne, Contractor hereby certifies and attests that neither it nor its affiliate(s)have been placed on the convicted vendor list following a conviction for a public entity crime. If placed on that list, Contractor must notify the County immediately and is prohibited from providing any goods or services to a public entity;may not submit a bid/proposal on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids/proposals on leases of real property to a public entity;may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and, may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes., as amended from time to time, for Category TWO ($35,000) as may be amended, for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Contractor hereby acknowledges its immediate and ongoing obligation to notify the County if it is placed on the convicted vendor list. DiscriminatoKy Vendor List Contractor hereby acknowledges its continuous duty to disclose to the County if the Contractor or any of' its affiliates,as defined by Section 287.134(l)(a),Florida Statutes,are placed on the Discriminatory Vendor List. Pursuant to Section 287.13 4(2)(a),Florida Statutes: "An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit bids,proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor,or consultant under a contract with any public entity-,and may not transact business with any public entity." Foreign Gifts and Contracts Contractor hereby acknowledges and agrees it must comply with any applicable disclosure requirements in Section 286.101, Florida Statutes, Pursuant to Section 286.101(7)(b), Florida Statutes: "In addition to any fine assessed under [§ 286.101(7)(a), Florida Statutes], a final order detennining a third or subsequent violation by an entity other than a state agency or political subdivision must automatically disqualify the entity from eligibility for any grant or contract funded by a state agency or any political subdivision until such ineligibility is lifted by the Administration Commission [Governor and Cabinet per §14.202, Florida Statutes] for good cause." Ethics Clause Pursuant to Monroe County Ordinance No. 010-1990 By signing this Affidavit, the CONTRACTOR warrants that he/she/it has not employed, retained or otherwise had act on his/her/its behalf any former County officer or employee in violation of Section 2- 149,Monroe County Code of Ordinances or any County officer or employee in violation of Section 2-150, Monroe County Code of Ordinances. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee pursuant to Subsection 2-152(b), Monroe County Code of Ordinances. Page 36 of 74 1121 REm&Ejte Worka�lace CONTRACTOR in accordance with Section 287.087, Florida Statutes, hereby certifies that CONTRACTOR shall: 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' 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 occurring 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. The person authorized to sign this Affidavit certifies that CONTRACTOR complies fully with the above requirements. Vendor Certification Regarding Scrutinized Companies Lists CONTRACTOR agrees and certifies compliance with the following: I. Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725,Florida Statutes,or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more,that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. 2. As the person authorized to sign on behalf of CONTRACTOR, I hereby certify that the company identified above as "CONTRACTOR" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List,or engaged in business operations in Cuba or Syria. 3. 1 understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be tenninated,at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List or been engaged in business operations in Cuba or Syria. Note: The List are available at the following Department of Management Services Site: Li iT_//w vw,drrisjny. jj�jda.com/busig sujp� q1 LoiLs/stqj iqsLn,!/ t�Lidor information/convieted sus q— _L_ _ _ L[cL - _g� 1)qi (led discrirninggL, airits vendor lists L L in ni— Page 37 of 74 1122 Non-Collusion Affidavit CONTRACTOR by signing this Affidavit, according to law on my oath, and under penalty of perjury, depose and say that the person signing on behalf of the firin of CONTRACTOR, the bidder making the Proposal for the project described in the Scope of Work, and that I executed the said proposal with full authority to do so;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; 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 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; 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. Compliance with Foreign Countries of Concern pursuant to Section 287.138,F.S. Biscayne Towing&Salvage, Inc (Insert Legal Name of Contractor's Business Entity)is not owned by the government of a Foreign Country of Concern, is not organized under the laws of nor has its Principal Place of Business in a Foreign Country of Concern, and the government of a Foreign Country of Concern does not have a Controlling Interest in the entity. E-Verify Requirements Effective January 1, 2021, public and private employers, contractors and subcontractors must require registration with,and use of the E-verify system in order to verify the work authorization status of all newly hired employees. Contractor acknowledges and agrees to utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: a) All persons employed by Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including subvendors/subconsultants/subcontractors) assigned by Contractor to perform work pursuant to the contract with the County, The Contractor acknowledges and agrees that use of the U.S. Department of Homeland Security's E-Verify System during the term of the contract is a condition of the contract with the County. By executing this Affidavit, CONTRACTOR becomes obligated to comply with the provisions of Section 448.095, Florida Statutes, "Employment Eligibility," as amended from time to time. This includes, but is not limited to, utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit to Contractor attesting that the subcontractor does not employ,contract with,or subcontract with,an unauthorized alien.Contractor agrees to maintain a copy of such affidavit for the duration of this Agreement. Failure to comply with this paragraph will result in the termination of this Agreement as provided in Section 448.095,Florida Statutes, as amended,and Contractor may not be awarded a public contract for at least one(1)year after the date on which the Agreement was terminated. Contractor will also be liable for any additional costs to County incurred as a result of the termination of this Agreement in accordance with this Section. Antitrust Violations; Denial or Revocation under Section 287.137,F.S. Pursuant to Section 287.137, Florida Statutes, as may be amended, a person or an affiliate who has been placed on the antitrust violator vendor list(electronically published and updated quarterly by the State of Florida) following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply for any new contract to provide any goods or services to a public entity;may not submit a bid, proposal, or reply for a new contract with a public entity for the construction or repair of a public building or public work;may not submit a bid,proposal,or reply on new leases of real property to a public entity;may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a new contract with a public entity; and may not transact new business with a public entity. By entering this Page 38 of 74 1123 Agreement, Contractor certifies neither it nor its affiliate(s) are on the antitrust violator vendor list at the time of entering this Agreement. False certification under this paragraph or being subsequently added to that list will result in termination of this Agreement, at the option of the County consistent with Section 287.1.37, Florida Statutes,as amended. Noncoercive Conduct for Labor or Sei-vices As a nongoverninental entity submitting a proposal, executing, renewing, or extending a contract with a government entity, Contractor is required to provide an affidavit under penalty of perjury attesting that Contractor does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes. As an authorized representative of Contractor, I certify under penalties of perjury that Contractor does not use coercion for labor or services as prohibited by Section 787.06. Additionally, Contractor has reviewed Section 787.06,Florida Statutes, and agrees to abide by same. UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING REQUIRED AFFIDAVIT FOR SUBMITTING A PROPOSAL FOR COUNTY PROJE CT: ARTIFICIAL REEF MATERIALS DEPLOYMENT TO GULFSID7/6) M :E REY AND T AT THE FACTS STATED IN IT ARE TRUE. 08120/2024 W d (Signature of AuTf Representative (Date) of Contractor) Print Name: Harry C. Offuft IV, Sole Owner STATE OF Florida COUNTY OF Miami-Dade The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of physical presence or online notarization this 20 day of August 2024 by Harry C, Offutt IV (name of person) as Sole Owner Biscayne Towing of authority) for I &Salvage, Inc (name of legal entity). ........................... tzlry P Sig atwe-of- 05, ary Public-State of Florida Stefany Nicole Martinez Name of Notary My commission expires: March 29,2025 Personally Known V OR Produced Identification Type of Identification Produced ----------------- STEFANY NICOLE MARTINEZ I'- y P&1, Notary Public-State of Florida Commission # HH 88161 My commission Expires March 29, 2025 Page 39 of 74 1124 Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Contractor Covered Transactions (1) The prospective contractor of the Recipient,Biscayne towing&Salvage, Inc certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Recipient's contractor is unable to certify to the above statement,the prospective contractor shall attach an explanation to this form. CONTRACTOR: Biscayne Towing & Salvage, Inc 13Y ............. -----------------....... SignatLA Recipient's Name Harry C. Offuft IV, Sole Owner Name and Title Division Contract Number 300 Alton Road, Suite 210 .............. .....---------------------- ................... ....................... Street Address FEMA Project Number Miami Beach, FL 33139 -1--............. City, State, Zip 08/20/2024 Date Page 40 of 74 1125 INSURANCE REQUIREMENTS AND FORMS MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES General Insurance Requirements for Contractors and Subcontractors As a pre-requisite of the work and services governed, or the goods supplied under this contract (including the pre-staging of personnel and material),the Contractor shall obtain,at his/her/its own expense, insurance as specified in the attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Sub- Contractors engaged by the Contractor. Alternatively, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract(including pre- staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced.Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor will be held responsible for all deductibles and self-insured retentions that may be contained in the Contractor's Insurance policies. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: Certificate of Insurance, or A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract, All insurance policies must specify that they are not subject to cancellation, non-renewal,material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. Page 41 of 74 1126 The Monroe County Board of County Commissioners,its employees and officials, 1100 Simonton Street, Key West, Florida 33040, will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled"Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. Contractor shall obtain and maintain at its own expense the insurance coverages listed within this paragraph prior to commencing service under this Agreement. All insurance requirements provided for in this Agreement shall be subject to annual review, Depending on the extent of contractual obligations incurred by the Contractor,the below insurances will be required. Insurances can be altered via written waiver by County's Risk Manager, if required. The Contractor must keep in full force and effect the insurance described during the term of this Agreement. If the insurance policies originally purchased that meet the requirements are canceled, terminated, or reduced in coverage, then the Contractor must immediately substitute complying policies so that no gap in coverage occurs. Copies of current policy certificates shall be filed with the Monroe County Risk Department or the Artificial Reefs Program Department whenever acquired, amended, and annually during the term of this Agreement. Prior to execution of this Agreement, Contractor shall furnish the County Certificates of Insurance indicating the minimum coverage limitations in the following amounts: a) WORKERS COMPENSATION AND EMPLOYER'S LIABILTrY INSURANCE. Where applicable, coverage to apply for all employees at the minimum statutory limits as required by Florida Law, and Employee's Liability coverage in the amount of $500,000.00 bodily injury by accident, $500,000.00 bodily injury by disease, policy limits, and $500,000.00 bodily injury by disease, each employee. b) COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle liability insurance, including applicable no-fault coverage,with limits of liability of not less than $1,000,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. If single limits are provided, the minimum acceptable limits are $500,000.00 per person, $1,000,000.00 per occurrence, and $100,000.00 property damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. c) COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of liability of not less than $1,000,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Such coverage must include, as a minimum: Premises Operations, Products and Completed Operations, Blanket Contractual Liability, and Personal Injury Liability. An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County, d) WATER CRAFT LIABILITY. Commercial general liability coverage with limits of liability of not less than$1,000,000.00 combined single limit,with terms no less restrictive than those found in the standard "American Institute Hull Clauses" (June 2, 1977 edition). Coverage must include, as a minimum: Injury(including death)to any Person,Damage to Fixed or Movable Objects, Costs Associated with the Removal of Wrecked Vessels, Contractual Liability with Respect to this Contract. If the policy obtained states that coverage applies for the "Acts or Page 42 of 74 1127 Omissions of a Vessel", it will be endorsed to provide coverage for the legal liability of the ship- owner. e) US Longshoreman and Harbor Workers Act.Commercial general liability coverage with limits of liability of not less than $1,000,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. 0 JONES ACT COVERAGE (46 U.S.C. § 30104). Commercial general liability coverage with limits of liability of not less than $1,000,000.00. The Contractor will be permitted to provide Jones Act Coverage through a separate Protection and Indemnity Policy,in so far as the coverage provided is no less restrictive than would have been provided by a Workers' Compensation policy. g) CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the County at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the County before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator,the insurance coverage shall be primary insurance with respect to the County, its officials, employees, agents, and volunteers. Failure of Contractor to comply with the insurance requirements of this section shall be cause for immediate termination of this Agreement. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, 1100 SIMONTON STREET, KEY WEST, FLORIDA 33040, MUST BE NAMED AS ADDITIONAL INSURED AND CERTIFICATE HOLDER ON ALL POLICIES EXCEPT WORKER'S COMPENSATION. In the event that the Contractor subcontracts any or all of the work in this project to any third party, the Contractor specifically agrees to identify the County as an additional insured on all insurance policies required by the County. In addition,the Contractor specifically agrees that all agreements or contracts of any nature with his subcontractors shall include the County as additional insured. Builder's Risk Not Required Performance Bond If required, will be a pass-through cost. Payment Bond If required, will be a pass-through cost. INDEMNIFICATION, HOLD HARMLESS, AND DEFENSE. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, Contractor shall defend, indemnify, and hold the County and the County's elected and appointed officers and employees harmless from and against(i) any claims, actions, or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine,penalty or business interruption, and (iii) any costs or expenses(including attorney's fees)that may be asserted against,initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other Page 43 of 74 1128 invitees, or(C)Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be equal to the dollar value of the contract and not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. Insofar as the claims, actions, causes of action, litigation,proceedings, costs, or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. hi the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor,the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. FWC Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Agency, the State of Florida, Florida Wildlife Conservation Commission, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the (County)Agency's sovereign immunity, PROPOSER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in fall with all of the requirements herein. I fully accept the indemnification and hold harmless and duty to defend as set out in this proposal. / Z Biscayne Towing & Salvage, Inc I/—- 08/26/2024 7 PROPOSER Kinature Date Page 44 of 74 1129 INSURANCE AGENT'S STATEMENT T have reviewed the above requirements with the proposer nezn0d above. The following deductibles apply tothe corresponding policy. POLICY DEDUCTIBLES #1 Protection and Indemnity Property Damage-$3,000 per occurrence,Bodily Injury-$1,000 per occurrence Commercial Automobile Liability Insurance no deductible Commercial General Liability $1000 per000umanoe Workers Compensation no deductible Liability policies X Occurrence -Claims Made 8o3/2024 o wme;!1herAShepley Insurance Brokerage,Inc Insurance Agency Signature Date Policy Deductibles #2 Protection&Indemnity Tug-Bodi|y Injury o 2,500 per occurrence, Property Damage$15.0OO per occurrence Barge-Bodily Injury$2,500 per occurrence, Property Damage$10,000 per occurrence Puehboat-Bodily Injury$2.5UU per occurrence, Property Damage$1U.0OQ per occurrence Page 45of74 1130 2023 Revision MONROE COUNTY,FL A REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements,be waived or modified on the following contract. ContractorNendor: Biscayne Towing & Salvage, Inc Project or Service: Proposal for Artificial Reef Deployment Monroe County Florida Biscayne Towing & Salvage, Inc Contractor/Vendor 300 Alton Road, Suite 210, Miami Beach, FL 33190 Address&Phone 4: 305-358-1486 General Scope of Work: Artificial Reef Deployment .........._------ Reason for Waiver or Watercraft Liability is part of our Protection and Indemnity coverage. Modification: USL&H is provided—under the Workers Compensation policy. Policies Waiver or Modification will apply to:-Section(d)Watercraft Liability and(e)USL&H requirement. Signature of Contractor/Vendor: Date: Approved Z//Pproved ' Risk Management Signature:_ Date: County Administrator appeal: Approved: Not Approved: Date: Board of County Commissioners appeal: Approved: Not Approved: Meeting Date: 112 Administrative Instruction 7500 1131 BID (PROSOPAL)BOND KNOW ALL MEN BY THESE PRESENTS,that we Harry C.Offuft IV,Sole Owner,300 Alton Road,Suite 210,Miami Beach,FL 33139 as Principal,hereinafter called the"Principal," (Insert Complete Legal Name/Address of Contractor) and (Insert Complete Legal Name/Address of Surety) a corporation duly organized under the laws of the State of Florida as a Surety, hereinafter called the "Surety," are held and firmly bound unto Monroe County, Florida, a political subdivision of the State of Florida, as Obligee, hereinafter referred to as "Obligee," in the sum of$ 22,000.00 U.S. dollars, for the payment of which sum well and truly to be made,the said Principal and the said Surety,bind ourselves, our heirs,executors, administrator, successors and assigns,jointly and severally, firmly by these presents. WHEREAS,the Principal has submitted a proposal in answer to Request for Proposals(RFP)for Artificial Reef Materials Deployment to Gulfside Ten(10)Mile Reef,a project solicited by Monroe County,FL,with principal offices located at 1100 Simonton Street,Key West,FL 33040. NOW, THEREFORE, if the Obligee shall accept the bid/proposal of the Principal, it shall enter into a Contract with the Obligee in accordance with the terms of such RFP and bid/proposal, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid/proposal and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid/proposal,then this obligation shall be null and void, otherwise to remain in full force and effect. 08/20/2024 Z (Principal Signature) (Date) 08/20/2024 Harry C. Offutt IV, Sole Owner (Witness Signature) (Date) (Print Name&Title) Stefany Martinez (Witness Print) - ---------------- .................- (Witness Signature) (Date) (Surety Signature) (Date) (Witness Print) Page 46 of 74 1132 Gryphon Partners, Inc. P.O. Box 331871 Miami, FL 33233 305.905.2400 October 11, 2024 Via Electronic Mail Eve M. Lewis, Esq. Assistant County Attorney Monroe County 11,11 12th Street Suite 408 Key West, FL 33040 Re: Formal Bid Protest of Item C20 on the Monroe County Board of County Commissioners' Agenda of October 16, 2024, Regarding Request for Proposals ("RFP")for Artificial Reef Materials Deployment to Gulfside Ten (10)Mile Reef Dear Ms. Lewis: This firm represents Kearns Construction Company ("Kearns Construction") in the above- referenced procurement. Further to my October 1 notice of protest letter, please consider this our formal protest letter in compliance with Monroe County's procurement protocols. I would appreciate your acknowledging receipt of this letter. Proposals for this procurement were opened on August 28, 2024. The apparent low bidder was Biscayne Towing& Salvage, with a price of$440,000. The second-low bidder was Kearns Construction, with a price of$690,000. A third bidder priced its services at$2 million. Biscayne Towing& Salvage's submittal, however, contained a fatal deficiency that renders its proposal non-responsive as a matter of well-established Florida law. Approval of this contract to Biscayne Towing& Salvage would be arbitrary, capricious and contrary to established Florida procurement law. This RFP required each vendor to include a "Proposal Security," made payable to Monroe County and the equivalent of 5% of the vendor's base price, within its submittal. (At RFP Page 14, attached as Exhibit "A" for your convenience.)In key part, the RFP specifically instructed: "Each Proposal shall be accompanied by a Proposal Security ... The Proposal Security shall be in the form of a certified check ... or in a bond from a Surety Company authorized to do business in Florida. If a Bid Bond is submitted as Proposal Security, the attorney-in-fact who executes the bond on behalf of the surety shall affix to the Bond a certified and current copy of his/her power of attorney." [Emphasis added.] Note three times the word "shall." The RFP did not state "should" or "might" or some other non- mandatory, "possibility" word. "Shall" means that the Proposal Security, in either of the two acceptable instruments, must be included within each vendor's submittal. Inclusion of a binding Proposal Security within each submittal was an essential, major component of each bid—not a trifling or inconsequential requirement. The RFP explained why: "The Proposal Security constitutes a pledge by the Proposer that he/she/it will enter into a Contract with the County on the terms and conditions stated in this RFP ... ." [Emphasis added.] Without including a valid Proposal Security within its submittal, the apparent low bidder could arbitrarily walk away from this procurement, for any reason or none at all, without any damaging adverse consequences to itself. An apparent low bidder that did include a valid Proposal Security could only walk away with significant financial harm to itself: The loss of the value of its Proposal Security, either its cashier's check or its bid bond. The Proposal Security, therefore, binds the proposer to performing these time-critical services desired by Monroe County. Biscayne Towing& Salvage failed to include a valid Proposal Security within its submittal. The company did include, as the final page of its submittal, the County-supplied "Bid (Proposal) Bond" form. (A copy of that is attached as Exhibit "B" for your convenience.) The form within the Biscayne Towing& Salvage submittal is fatally non-responsive for four, distinct reasons: 1. The required name of the proposer—Biscayne Towing& Salvage, Inc. —was not entered on the top, blank line. Instead, the name of the company's owner appears; he is not the proposer. 2. The required name of a surety company was not entered on the second, blank line. 3. Neither the required signature of a surety company representative, nor the required signature of a surety company witness, was affixed to the bottom of the form. 4. The required certified and current power of attorney form was entirely missing from the submittal ... not that it would have made the bid bond form valid by itself. The undisputed facts of this procurement are, in every material respect, the same as those in Phoenix Mowing and Landscaping, Inc., Petitioner v. Department of Transportation, Respondent (2001 WL 432180 (Fla. Div. Admin. Hrgs.). (A copy of that opinion is attached as Exhibit "C" for your convenience.) That ruling relied fundamentally on Section 120.57, Florida Statutes, and significantly upon Robinson Electrical Co, Inc. v. Dade County, 417 So. 2d 1032, 1034 (Fla. 3d DCA 1982). (A copy of Section 120.57, Florida Statutes, is attached as Exhibit "D" for your convenience.)It is well established in Florida procurement law that proposal submittals may not. be amended or supplemented in any material way after an agency opens bids for a particular solicitation.No vendor may cure any deficiency or irregularity or omission or error, after the fact, in any procurement anywhere in Florida. In the Phoenix procurement, the apparent low bidder failed to submit a proposal security as required by the solicitation. More than a week after bids were opened, the apparent low bidder was allowed to deliver a cashier's check and was recommended for contract award. Phoenix Mowing and Landscaping, the second-lowest bidder and which had included a valid proposal security in its submittal,justifiably,protested and was awarded the contract. The ruling Paragraph at Para ra h 29 of the Conclusions of Law: The provisions of the proposal are quite specific. By theTroposal's own terms the failure to provide security for the bid by the submittal with the bid package of a bid bond or check for 5 percent of the bid amount invalidates the bid. In this procurement, Biscayne Towing& Salvage was notified by a Monroe County official that its submittal was defective regarding its missing Proposal Security, and the company later delivered a cashier's check. That after-the-fact delivery did not, in any way as a matter of law and legal precedent, cure the fatal defect in Biscayne Towing& Salvage's submittal. Clearly, the erroneous and otherwise blank bid bond form submitted by Biscayne Towing& Salvage had no binding effect whatsoever, making the Biscayne Towing& Salvage proposal a nullity. Agenda Item C20's title wrongly asserts that the "irregularity" in Biscayne Towing& Salvage's proposal "has been cured." It most certainly has not, as an explicit matter of Florida law. Kearns Construction also relies on the seminal Florida case regarding after-the-fact augmentation of sealed bids and proposals,Harry Pepper&Associates, Inc. v. City of Cape Coral, 352 So.2d 1190 (1977). (A copy of that opinion, which has statewide applicability, is attached as Exhibit "E" for your convenience.)Pepper is the main Florida case holding that a material defect— such as the failure to include a valid Proposal Security as required by this solicitation—cannot be lawfully cured after submittal: The same legal standard later validated by Phoenix. Therefore, Kearns Construction protests and objects to the award of this project to Biscayne Towing& Salvage; instead,'Kearns Construction respectfully requests that it be awarded this contract as it is the responsive low bidder. Thank you for your time and attention to this matter. I look forward to a favorable response. Sincerely, e(y Est n Melton III Chairman cc: Bob Shillinger, Esq., County Attorney Ms. Julie Cuneo, Assistant Purchasing Director. Mr. Kevin Madok, CPA, Clerk of the Circuit Court and Comptroller Robinson Law,P.A. Attachments: A. RFP Page 14, Proposal Security requirements B. Biscayne Towing& Salvage Bid (Proposal)Bond form from its submittal C. Chapter 120.57, Florida Statutes D.Phoenix Mowing and Landscaping, Inc., Petitioner v. Department of Transportation, Respondent, 2001 WL 432180 (Fla. Div. Admin. Hrgs.) E.Harry Pepper&Associates, Inc. v. City of Cape Coral, 352 So.2d 1190 (1977) ttAtt and executed documents may result in the Proposer being determined to be not fully responsive to the RFP: A. Proposal Form; B. Affidavit of County Forms; C. Proposer's Insurance and Indemnification Statement; D. Insurance Agent's Statement; and a completed Insurance Checklist; E. Bid Bond(Proposal Security); and F. Proposer's Business Tax Receipt and/or License(s). Only complete sets of Proposal Documents will be issued and shall be used in preparing proposals. The County does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets. Neither the County, nor any officers, employees, or agents, assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Proposal Documents. Proposers may obtain complete sets of the Proposal Documents from the County's electronic bidding platform at https://monroecounty-fl.bonfirehub.com OR www.monroecounty- fl.gov/BonfireBids as stated in the Notice of Request for Competitive Solicitations. 3. a Do 'S'rMKKC J° - if ac 1�P�OSNAIMal i::o-1,a e'aj ci ieAy1osfsoloWAriWomatlfgayfib CS:, onrae- +(?1044 r t n ve o'er!e fo)of+0,e Proapo + ►'�'�murn do ba�s� ire the �,_ ��� �a +� + Pry Asa a (this excludes value of optional add-ons o r.. p ). ��e��Fr.Jp�lsa .e �i�li�al�l be:..i� �r e f®m �f SMIVd:e a e&jti o 0 e Co.un ,c . : Jo�i ,' _,3J_�_i aU 1 r o zet.' 0•{3® � i � I 60-0 ai, . , .„ _ __- pre oral S. ta.10 oac+3,�1�_+ lS. � .r + .c� VG � � !+e a 9tobite oft0 pact rn.ito.c @c o a4 i© e r M M..e:.B a + a ert+l i any e ii@ità® offhisAl 'rpo r©f aa' nee _ o otial 7 cast1 _ e10 , Are- e/ .. _ui ® vi_wag(Jim._I .cco 1 or, e + s an a @oath.'i® :hte a -F' and the responsive Proposal. The Proposal Security of the successful Proposer will be retained until such Proposer has entered into a Contract with the County, whereupon it will be returned. If the successful Proposer fails to execute and deliver the Contract,the County may annul the Notice of Award and the amount of the proposal security of that Proposer shall be forfeited to the County not as a penalty, but as liquidated damages. The Proposal Security of any Proposer may be retained by the County until either: (a) the Contract has been executed, or (b) the ninety-first (91s) day after the Proposal opening,or(c)the ninety-first(915t)day after all Proposals have been rejected. 4. DETERMINATION OF SUCCESSFUL RESPONDENT Following the receipt of the proposals, the Selection Committee will meet in a publicly noticed meeting and evaluate the responses based on the criteria and point total below. Each section will be given points used to score and evaluate firms and individuals. The point structure is as follows: CRITERIA MAXIMUM POINTS A. MINIMUM CONTRACTOR QUALIFICATIONS (20 Points) B. PROPOSED PROJECT APPROACH (40 Points) C. PRICE (40 Points) D. COUNTY FORMS (Y/N) TOTAL 100 Page 14 of 74 tt B BR (PROSOPAL) OND KNOW ALL MEN BY THESE PRESENTS,that we „,1:25;0©.aisia • 300Aiton Road,Suite 210.Miami Beach,FL 33139 as Principal,hereinafter called the"Principal," 2atTig- L L c4watv, and ,ITOM LAI atip twasve a corporation duly organized under the laws of the State of Florida as a Surety, hereinafter called the "Surety,"are held and firmly bound unto Monroe County, Florida, a political subdivision of the State of Florida, as Obligee, hereinafter referred to as"Obligee,"in the sum of$ 22,000.00 U.S. dollars,for the payment of which sum well and truly to be made,the said Principal and the said Surety,bind ourselves, our heirs,executors,administrator,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has submitted a proposal in answer to Request for Proposals(RFP)for Artificial Reef Materials Deployment to Gulfside Ten(10)Mile Reef,a project solicited by Monroe County,FL,with principal offices located at 1100 Simonton Street,Key West,FL 33040. NOW, THEREFORE, if the Obligee shall accept the bid/proposal of the Principal, it shall enter into a Contract with the Obligee in accordance with the terms of such RFP and bid/proposal,and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof,or in the event of the failure of the Principal to enter such Contract and give such bond or bonds,if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid/proposal and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid/proposal,then this obligation shall be null and void,otherwise to remain in full force and effect. / 08/20/2024 (Principal Signature) (Date) 08/20/2024 Harry C. Offutt IV, Sole Owner (Witness Signature) (Date) (Print Name&Title) Stefany Martinez (Witness Print) Tifitam # aEgty,/ r..-,!,..p.81.6t) ) - $ Page 46 of 74 PHOENIX MOWING AND LANDSCAPING,INC.,Petitioner...,2001 WL 432180(2001) "t tt ��^a=xaas�ccaar..rma.u,xunsr:^x+ay.�ca:oz-.srwzxeas. -c-«xvr.�- -a ::cs-wexascews✓n.-.-��- s.assmr.,ss;c usry .. ax�rz.+ 2001 WL 432180(Fla.Div.Admin.Hrgs.) Division of Administrative Hearings State of Florida PHOENIX MOWING AND LANDSCAPING,INC.,Petitioner v. DEPARTMENT OF TRANSPORTATION,Respondent Case No.01-03 71 BID April 25,2001 RECOMMENDED ORDER *1 Pursuant to notice,a final hearing was held in this case in Tallahassee,Florida on March 16,2001,before the Division of Administrative Hearings by its duly-designated Administrative Law Judge,Stephen F.Dean. APPEARANCES For Petitioner: Julius F.Parker,III,Esquire Pennington,Moore,Wilkinson,Bell&Dunbar,P.A. 215 South Monroe Street,Suite 200 Tallahassee,Florida 32301 For Respondent: Brian A.Crumbaker,Esquire Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee,Florida 32399-0450 STATEMENT OF THE ISSUES The issues in this case are whether the Department of Transportation("Department")erred by considering Willeby Construction, Inc. ("Willeby")a qualified bidder;whether the requirement to submit a bid bond or certified funds check or draft(hereafter "security on the bid")with the bid was a material requirement;whether the Department erred in treating Willeby's failure to include security on the bid with its bid proposal as a minor,and,thereby,an irregularity which could be waived;and whether said decision of the Department was contrary to the terms of the bid,contrary to law,or arbitrary and capricious. PRELIMINARY STATEMENT Phoenix Lawn and Landscape Service,Inc.("Phoenix")petitions for a formal administrative proceeding pursuant to Section 120.57(3)Florida Statutes(2000),protesting the Department's rejection of its bid and its intent to award Financial Project No. 40509417201/Contract No.E3A78 for the mowing and litter removal of roadsides in Gadsden and Leon Counties to another navuc.e.a-..uimwrca+ucna: m:.ama^o„w-+avnczcaoeseac:cvccar.�<rnn �su .aa:m WESTLAW 2024 Thomson Reuters. No claim to original U.S. Government Works.ks. PHOENIX MOWING AND LANDSCAPING,INC.,Petitioner...,2001 WL 432180(2001) 4 cca�:ci�...cc.��.rra ^w.vrasna,�ss.�^r••---ar+:^m•^^ -^^.-..•-^-t�.:cawc - -a..,...-........._.,..+a:n.�c�+rs�.....a.ar.._....... aasaa.,sax::vr.tsr.�c�ae.•c.�_••a..••..••-�ci^rsamrse..o'c.�^-:�a.-crs,.,....--.s_-,a�i-..c�;rm bidder.Phoenix alleges that,contrary to the Department's determination,the winning bidder was unqualified and did not present a valid bid because it did not submit a bid bond or certified funds in the bid package.Further,Phoenix alleges that the Department improperly permitted the winning bidder to cure its defective bid after all bids had been opened,thereby giving the winning bidder an unfair advantage over all other bidders,and that this action by the Department was clearly erroneous, contrary to competition,arbitrary or capricious pursuant to Section 120.57(3)(f},Florida Statutes(2000). The Department forwarded this case to the Division of Administrative Hearings which noticed the case for hearing on March 16,2001.The case was heard as noticed. The Petitioner called two witnesses:(1)Kelly Herman Pullam,owner and president of Phoenix Lawn&Landscaping Service, Inc.,and(2)Richard Norris,contracts administrator,Florida Department of Transportation.The Petitioner placed five exhibits in evidence. The Respondent called four witnesses: (1) Wilson Carraway, vice-chairman, Farmers & Merchants Bank, in Thomasville Georgia;(2)Ben"Billy"Willeby,owner,Willeby Construction;(3)Richard Norris;and(4)Patty Vickers,assistant contracts engineer,Florida Department of Transportation.Respondent placed five exhibits in evidence. *2 Both parties submitted proposed findings which were read and considered. FINDINGS OF FACT 1.On November 14,2000,the Department issued a bid solicitation notice for Financial Project No.40509417201/Contract No. E3A78,a contract for routine mowing of grassed and vegetated roadside areas and litter removal from within the Department's highway right-of-way in Gadsden and Leon Counties. 2.The invitation to bid stated: In a letter dated November 17,2000 from Richard Norris of the Department District Contracts Office to all prospective bidders, the Department reiterated the bid bond requirement stating"[i]f your bid is over$150,000,a Bid Bond of 5 percent of the bid amount is required and must be attached to your bid proposal.Failure to submit this with your bid will result in your bid being rejected."(Emphasis is in original. 3.The invitation to bid further stated: BID OR PROPOSAL BOND(If bid is over$150,000): 1.Must be completely executed if bid is over$150,000.This 5 percent bid bond is required and must be included in your bid package.If bid is less than$150,000 no bid bond shall be necessary,however,the successful bidder shall be required to obtain a performance bond upon execution of the contract. 4. The purpose of the requirement for security on the bid is to compensate the Department for damages in the event the low bidder fails to enter into the contract. 5.The Department received bid proposals from six firms in response to its bid solicitation by the due date of December 7,2000. 6. The lowest bidder for Contract No.E3A78 was Willeby.Willeby submitted a business check drawn on Willeby's business account no.02-140168-01 with Farmers&Merchants Bank.This was an unsecured,personal check. WESTLAW © 2024 Thomson Reuters. No claim to original U.S. Government Works. 2 PHOENIX O IN AND LANDSCAPING,INC.,Petitioner...,2001 WL 432180(2001) rsv.cem�:ecsva eu.�crsscr.�a__�ersasws:vcarn�rv-..�ia�ca;.�acacameraar• .•.•--`..,-..x��aa.nm•---,--.— 7. At the time the bids were opened, Willeby's Account No. 02-140168-01 contained insufficient funds to cover the check Willeby submitted as its bid bond in the amount of$11,996.52 for Contract No.E3A78. 8. Willeby failed to submit the required security on the bid in the form of a cashier's check,bank money order,bank draft of any national or state bank, or surety bond,payable to the State of Florida, Department of Transportation as required by the solicitation. 9.The Petitioner,Phoenix,was the second lowest bidder.Phoenix submitted a bid bond equal to 5 percent of its total bid with its bid package.Phoenix fully complied with all the requirements of the invitation to bid. 10. Bids for Contract No. E3A78 were opened on Thursday December 7, 2000. At that time, the Departments personnel discovered that Willeby had failed to submit security on bid as required by the terms of the bid solicitation. 11. On December 15, 2000, eight days after the Department discovered that Willeby's bid submittal was deficient, Starsky Harrell,the contract specialist with the District III office of the Department,telephoned W.J.Willeby,the president of Willeby Construction.Harrell informed Mr.Willeby that Willeby's bid was non-conforming,and gave Willeby the opportunity to cure its non-responsive bid by submitting a check for certified funds or a bid bond as required by the bid solicitation. "3 12.Willeby,at this point,had the opportunity to cure the defect or refuse to cure the defect,thereby,negating his bid.This gave Willeby an advantage not enjoyed by the other bidders. Willeby chose to cure its non-responsive bid,and submitted a certified check as its security on the bid.Willeby,thereafter,entered into the contract with the Department on Monday,December 18,2000,eleven days after the bids were opened. 13. The Department posted its intent to award Contract No.E3A78 on December 21,2000,indicating its intent to award the contract to Willeby Construction. 14.Phoenix timely filed this formal protest in opposition to the award of Contract No.E3A78 as contrary to Section 120.57(3) (f),Florida Statutes(2000). 15. Regarding the requirements for security on the bid required in the solicitation for the bid and accompanying materials, Richard Norris,the contracts administrator,made the decision to emphasize the language by having it in bold-face type and underlined. His purpose for underlining and placing in bold-face type this language was to"put some accent on it,to make it stand out." 16. A basic tenet of competitive procurement is to protect the integrity of the bidding process and ensure open and fair competition. 17.A responsive bid is one which meets all the requirements of the proposal documents. 18.Mr. Willeby has entered bids on Department contracts seventeen times in the past. Willeby is an experienced participant in the bid process. 19.A bidder who has the option of taking a contract or not taking a contract after the bidder knows what the other bids are on a project has a competitive advantage over other bidders.If the bidder has bid too close to the profit margin,the bidder can refuse to cure the bid defect and avoid performance on the unprofitable contract. 20. It is not only less expensive for a person to submit a personal check for security on a bid,but a stop payment order can be issued on a personal check. WESTLAW 2024 Thomson Reuters. No claim to orlainal U.S. Government Works. 3 PHOENIX MOWING AND LANDSCAPING,INC.,Petitioner...,2001 WL 432180(2001) _., 21. The bid bond posted by the.Petitioner cost $800.00. This amount is not refundable. However, the proposal provides alternatives to a bid bond to establish security on the bid;therefore,paying the cost of the bond is not a competitive disadvantage. 22.It is noted that a personal check is not among the alternatives,and the bid proposal's provisions for bid security specifically provide that checks or drafts for less than 5 percent of the bid amount will invalidate the bid.The only checks or drafts permitted under the terms of the bid proposal are those checks secured by the banking institution's funds and not subject to stop payment orders of the person in whose behalf the check is issued. 23.It is consistent with the stated terms of invalidation,that,in addition to an insufficient amount,that an instrument not meeting the stated terms of the provision would also invalidate the bid.If being a dollar short on the secured amount is disqualifying, being short the entire amount in secured funds would be similarly disqualifying. '4 24.Evidence was received regarding whether Willeby was a qualified bidder. This information related to the nature and amount of the equipment which Willeby had,and its financial ability to obtain additional equipment.Although Willeby did not have some of the equipment necessary to handle this job and its other contract obligations,he had ordered this equipment and his bank indicated that it would loan him the money.It was not developed whether the banks willingness was dependent upon the pendency of the challenged contract award,and it is concluded that Willeby is a qualified bidder. CONCLUSIONS OF LAW 25. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this case,pursuant to Section 120.57,Florida Statutes(2000). 26. Subsection 120.57(3),Florida Statutes(2000),governs the dispute at issue in the case. Subparagraph 120.57(3)(f),Florida Statutes,provides the standards for determining a bid dispute.It provides as follows: (f)In a competitive-procurement protest,no submissions made after the bid or proposal opening amending or supplementing the bid or proposal shall be considered.Unless otherwise provided by statute,the burden of proof shall rest with the party protesting the proposed agency action.In a competitive-procurement protest,other than a rejection of all bids,the administrative law judge shall conduct a de novo proceeding to determine whether the agency's proposed action is contrary to the agency's governing statutes,the agency's rules or policies,or the bid or proposal specifications.The standard of proof for such proceedings shall be whether the proposed agency action was clearly erroneous,contrary to competition,arbitrary,or capricious.In any bid-protest proceeding an intended agency action to reject all bids,the standard of review by an administrative law judge shall be whether the agency's intended action is illegal,arbitrary,dishonest,or fraudulent. 27.The Petitioner has the burden of proof. 28.The Agency's proposal provides as follows: Bid Bond Requirements A proposal Guaranty of not less than five percent of the total actual bid in the form of either a certified check,cashier's check,trust company treasurer's check,bank draft of any national or state bank,or a Surety Bid Bond made payable to the Florida Department of transportation must accompany each bid in excess of WEST-LAW 2024 Thomson uter . No claim to original U. . Government Works. A PHOENIX MOWING AND LANDSCAPING,INC.,Petitioner...,2001 WL 432180(2001) +'+..'�.JCSS(+an^..',FY'S¢zT.-m""tLn3•ldS. L..^"�Y'x..i s.....w.YT.•n1iT�,:i�GCRL2.'...^^C.�.Y'i.�A'+S.r. .3C4Yt.GR"r.F.STual:SSL^'[�SaO«"'.lw:...�•+�.:HLLWss^'^^"4'Y..3•A^+�:f^J..'.GT'i'..L2e:�::vAY:2-^3^.a•u'F'iY..:121T3tO:eYJrzI.T..t' A3YLixcTa.FJ $150,000.A check or draft in an amount less than five percent of the actual bid will invalidate the bid.Bid bonds shall conform to DOT Form 375-020-09 furnished with the proposal forms. 29.The provisions of the proposal are quite specific.By the proposal's own terms the failure to provide security for the bid by the submittal with the bid package of a bid bond or check for 5 percent of the bid amount invalidates the bid. 30.In context,"check"refers to a cashier's check,certified check,trust company treasurer's check,or bank draft of any national or state bank.The tender of a personal check is not a stated option.Additionally regarding this bid's security provision,because non-compliance invalidates the bid,it is a material provision. "5 31. As stated in the Findings, above, the failure to present a check of the type stated was as much a failure to present sufficient security,in fact more so,as the failure to be a dollar under the 5 percent limit.In the latter case,the security was only shy one dollar.In the case of the personal check,the security was shy the entire 5 percent. 32.It is well settled law in Florida that a cashier's check is the same as cash. See Warren Finance,Inc.v.Barnett Bank, 552 So. 2d 194(Fla. S.Ct. 1989).A stop-payment order may be issued on a personal check,and it is much less secure.Id.In fact, substitution of a cashiers check for a personal check has been determined to be consideration in a contract case. See Langel v. Hastings, 537 So. 2d 1113 (Fla. 4th DCA 1989). Where the terms of the contract or agreement specify payment by cashier's check or certified check,tender of a personal check maybe rejected.See Summa Investing Corp.v.Resolution Trust Corp.,586 So.2d 1278(Fla. 3d DCA 1991)and Hudgins v.Fla.Fed. Say.and Loan Assn,339 So.2d 990,991 (Fla. 5th DCA 1981). 33.Therefore,under the terms of the proposal,the Willeby bid should have been invalidated. 34.Further,as stated in the Findings,above,there is a notable advantage to a bidder who is permitted to"cure"a material defect. The bidder gets to opt to cure and perform,or not cure without penalty because technically the bid was never conforming and the bidder's security on the bid was never in jeopardy.The bidder gets a double benefit at no risk. 35. Because the Department permitted Willeby to cure the material defect,the Department's action was clearly erroneous, contrary to competition(it gave unfair advantage to Willeby),and was arbitrary and capricious because it violated the stated standards of the bid proposal. 36. Where the Department has elected not to reject all bids,but instead has chosen to award the contract to one bidder to the detriment of the Petitioner,the role of a Hearing Officer(now Administrative Law Judge)is to sit on behalf of, and in the place of,the agency head and should examine the bid evaluation process de novo.See Capeletti Bros.v.Department of General Services,423 So.2d 1359(Fla.1st DCA 1983).This standard differs from the standard of review in place where an agency elects to reject all bids,as was the case in Dept.of Transportation v.Groves-Watkins Constructors,530 So.2d 912(Fla. 1988),where the court stated that hearing officers are to inquire if the purpose of competitive bidding has been subverted and to ascertain whether the agency acted fraudulently,arbitrarily,illegally,or dishonestly. 37. Although the Department has broad discretion to waive minor or technical irregularities encountered in the course of evaluating competitive bids for public procurement of services and materials,see Liberty County v.Baxter's Asphalt, 421 So. 2d 505,507(Fla. 1982),the failure of a bidder to submit enforceable security on a bid is not a minor or technical irregularity that the Department may waive.The Department's actions were contrary to the agency's governing statutes,the agency's rules or policies and the bid or proposal specifications. *6 38.The standard in Florida to determine what is a material or substantial irregularity in a bid proposal on the one hand,or a minor or technical irregularity on the other,was articulated in Robinson Electrical Co,Inc.v.Dade County,417 So.2d 1032, ItiVESTLAW 0 2024 Thomson Reuters. No claim to original U.S. Government Works. , PH9ENIX MOWING AND LANDSCAPING,1NC.,Petitioner...,2001 WL 432180(2001) 1034(Fla.3d DCA 1982).The Robinson test asks:(1)whether the effect of a waiver would be to deprive the entity requesting bids of its assurance that the contract will be entered into,performed and guaranteed according to its specified requirements; and(2)whether the waiver is of the nature that,if granted,would adversely affect competitive bidding by placing a bidder in a position of advantage over other bidders or by otherwise undermining the necessary common standard of competition. Id. A variance is material if it gives the bidder a substantial competitive advantage over the other bidders, and thereby restricts or stifles competition. See Id. 39.Although the Florida courts have held that a certified check submitted instead of a bid bond does not constitute a material variance, see Robinson Electrical, 417 So. 2d at 1034, the Florida courts also recognize a significant difference between a certified check and a personal check.Because a stop payment order may be issued on a personal check,it is not the same as cash,which the Florida courts recognize a certified check to be. 40. The question of whether a public agency may waive strict compliance with bid specifications that require a bid bond or certified funds as a bid guaranty,and accept an uncertified business check or personal check is one which has not been decided by any Florida court. 41.Decisions from appellate courts in other states support the conclusion that failure to submit a binding bid guaranty is not a minor irregularity,but a material,non-waivable defect.In Gaeta v.Ridley Sch.Dist.,757 A.2d 1011(Pa.Comm.Ct.2000),the bid specification stated that bid bonds must come from a surety with an"A-"rating or better.The low bidder,IBE Construction, submitted a bid from a"B"rated surety.After the bids were opened,IBE was told by the school district of the deficiency in its bid,and was allowed to submit a new bond from an"A"rated company which was then accepted by the school board. The Commonwealth Court held that:(1)the trial court erred in determining that IBE's bid proposal was responsive and(2)the trial court erred by holding that the school board was allowed to enable IBE to cure its defective bid after bids were opened. See Id. at 1014.In so holding, the court stated that where a competitive advantage is gained by a non-responsive bidder, the defect is material. The competitive advantage gained there,the court noted,was that a bid bond was easier to obtain from a "B"rated surety than an "A"rated surety and some bidder may have been discouraged from bidding at all because it could not obtain the required grade of bid bond. The court concluded by stating that "[tJhe preservation of the integrity of the competitive bidding process far outweighs the potential cost differential between the lowest bid and the lowest responsive bid"Id.at 1016. *7 42.In Bodine Electric of Champaign v City of Champaign,711 N.E.2d 471 (III.App.4th 1999),the 4th District Court of Appeal of Illinois considered the question of whether submission of a bid bond covering 5 percent of the base bid was a material variance where a 10 percent bid bond was required by the bid specification.The Petitioner,Bodine Electric,originally submitted the 5 percent bid bond on a bid that was$78,000 less than the next lowest bidder.Five days after the bids were opened,Bodine was allowed to correct the problem and submitted a 10 percent bond to comply with the bid specification. 43. In Bodine, the bid review authority that received the corrected bid bond expressed three concerns about accepting the amended bond after the opening of bids: (1)future bidders would not have any reason to submit the required 10 percent bid bond if lower amounts were accepted;(2)contractors would take more risks with their bids by submitting smaller bid bonds or no bond at all,if amendment after opening of bids were allowed;and(3)future bid bonds and requirements would be suspect in that any amount could be submitted and accepting lower amounts might undermine the city's ability to require a 10 percent bid bond. See Id. at 473. 44.As noted by the court in Bodine,the test in Illinois as to the materiality of a variance is virtually identical to the standard in Florida,that is"whether it gives a bidder a substantial advantage or benefit not enjoyed by other bidders."See Id.at 475,citing Leo Michuda&Son Co.v.Metro. Sanitary Dist.of Greater Chicago, 422 N.E.2d 1078(III.App.3d 1981).Also in Illinois,as in Florida,a bid that contains a material variance is an unresponsive bid and may not be corrected after bids have been opened. See Id. The court ultimately reasoned with respect to the variance that Bodine did receive a substantial advantage because it stood to lose significantly less money if it walked away from the deal compared with other bidders and"[j]ust because Bodine w TLA 2024 Thomson Reuters, No claim to on final U.S. Government Works. t yam, PHOENIX MOWING AND LANDSCAPING,INC.,Petitioner...,2001 WL 432180(2001) II�F.fT�,.'�fia�.'+GF:SC^_'34iw.....w..TG:-YST'fRStxG.:.P3'»..avu+.<arsad•J+cl.ssS4-.✓F'�p+nr.2L.,A i'J`.L�59�R+n.-.s�T.�"SCZz�s.:tN2.�L."'�.!:.iiW],:C?�5.1.'"..�RSk:d^'^�^*TwTi�l�C2'K"•-.e-'i�.'fWNr�S,�T A^.�^.F�..3G^nT.t'�L' �:G"�n.'..5�^C.^LFnSY'T.SCaTFYT�"a'S•�4�.Z.�....3i.�:w. 9LpJTf4LTFC.C.A • did not actually realize these advantages by breaching its offer does not mean that Bodine could not exercise these advantages if it desired."Id.at 477. 45.This is a clear statement of what is implied in Florida decisions,i.e.,that it is the option to walk without penalty that matters, not the actual act of walking away from the deal.Because Willeby's bid was not responsive,he enjoyed the benefit of being able to take a second look and decide whether or not to accept the contract.That he chose to stand by his bid does not cure the fact that he gained a substantial competitive advantage over all the other bidders for this contract,including the Petitioner. 46.The final analogous out-of-state case is DeSapio Constr.,Inc.v.Township of Clinton,647 A.2d 878(N.J. Super.Ct. 1994). In DeSapio,bids were taken for alterations to the town hall building. The bid specification specifically required a bid bond, certified check,or cashiers check for 10 percent of the bid amount and a"proposition of surety"assuring the Township that if the contract were awarded,the surety would provide a performance bond and maintenance bond.The bid proposal submitted by DeSapio contained a letter from its surety stating that"they did not anticipate any difficulty in providing bonds"for the project.Id.The court applied a two prong test identical to the test set forth in Robinson Electrical Co,Inc.,417 So.2d at 1034, supra. See Id.at 880. The court found the conditional language in the bond letter from DeSapio to be a material defect and further found that the municipality had"no assurance"the bond would be provided and that this gave the bidder a competitive advantage in that "DeSapio was free to bid and,even if awarded the contract, could unilaterally 'cancel'the award by failing to obtain the bid bond"Id•at 880-81.The court reasoned that while the taxpayers would benefit by getting the lowest price for services if DeSapio were allowed to amend his bid package,the greater public good is in ensuring the integrity of the bidding process by enforcing strict standards so that there is"no opportunity for unfettered discretion or favoritism in the public bidding process."Id.at 881. "8 47. From the foregoing authorities,it is clear that Willeby's tender of a personal check with the invitation to bid was a material defect which could not be waived by the Department. By allowing Willeby to cure this material defect in its bid, the Department subverted the competitive bidding process.Its actions were contrary to the bid or proposal specifications,and therefore,contrary to competition. Section 120.57(3)(f),Florida Statutes(2000). RECOMMENDATION Based upon the findings of fact and conclusions of law,it is RECOMMENDED: That the bid of Willeby Construction on Contract No.E3A78 be rejected,and the contract be awarded to the Petitioner. DONE AND ENTERED this 25th day of April,2001,in Tallahassee,Leon County,Florida. STEPHEN F.DEAN Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee,Florida 32399-3060 Filed with the Clerk of the Division of Administrative Hearings this 25th day of April,2001. NOTICE OF RIGHT TO SUBMIT EXCEPTIONS All parties have the right to submit written exceptions within 10 days from the date of this Recommended Order.Any exceptions to this Recommended Order should be filed with the agency that will issue the Final Order in this case. WESTLAW _2024 Thomson Reuters, No claim to original U.S. Government Works, 7 PHOENIX MOWING AND LANDSCAPING,INC.,Petitioner...,2001 WL 432180(2001) 2001 WL,432180(Fla.Div.Admin.Hrgs.) End of Document ©2024 Thomson Reuters.No claim to original U.S.Government Works. WESTLAW ©2024 Thomson Reuters. No claim to original U.S. Government Works. 8 4f Dti The 2024 Florida Statutes Title X Chapter 120 PUBLIC OFFICERS, EMPLOYEES, AND ADMINISTRATIVE PROCEDURE RECORDS ACT 120.57 Additional procedures for particular cases.— (3) ADDITIONAL PROCEDURES APPLICABLE TO PROTESTS TO CONTRACT • SOLICITATION OR AWARD. .—Agencies subject to this chapter shall use the uniform rules of procedure, which provide procedures for the resolution of protests arising from the contract solicitation or award process. Such rules shall at least provide•that: (f) rnGila CS_ x.. "ai t�,� •i,,.j) 'w.s'r�t y,� ".5.'a 4•)�i .s-+<e ,.s.. � �, � wl. ��,)" 's'��"�`s-...:�'�..�-.c �" �, '�"�`{',y�. "�R..'�•'. .1� �C.,s�t,y}a I,,�:,2�Ji,'!� a .�_�� .)$:•,. 5 +,*-9'"�'�:�'1�,'-�'z5--,�a,�' 3 .;r.w,�ta�,.a,S"';.�f�,'"'d�' "�^r. `�, �`q n v.,1 mm 4 t P,. `ly •r' r..l �`° y I ''.":.._+�+�•1,Y i'Ala�,:gin r' �i ;:�', �a r'� - �i s ' • `` . e t 1x y\a as p 'i y pp, ss tL`ax: - �,a1 :,tJ ,�+t�St�t; a�)7-.i��Y,;_.��}t a�t�-#�F,�P�.•t. �'t��'. �r ;��e.,� Use St�s,!;;f rr �R C" .'tits'Srx`'"f- Y.^i':.�. .�. .c '\' 'v�:^�, .3.'lf�z.: ,Av �-r-..•C:: o�11..M�,�r�` ����.�''� a � )^b: k...�Z. :�.'.�j'rs�t .i?3 )f� ?Y..n:"s�f ,S::.a ,•'i ;y,,"`'+'r� � .f:� - - �y'`?'(�Y -.� 4`l �� t._.. i. ..xl�zP i.�,,. fin;.i!?;... ,:.- y.�,�.r.,-!- ,..'._ � ., :.;.a r. a x R.:Rb )�: 'A.�•, t. ,.�'"��-. r;?u, f- -f's. _:�-'`; r, n _:'.. -,:.:.,... ,.,,. 'I:i....ui,s'....•„ ... ?^F..,.::` ':\. .i,',a. ...ti`• �r�r,V. h n�.` .�.. +.�,f,. a�.j_t n ! .'r:, F.,-..,. : ,., .,..s> Yt-h r.Y....T-.dr.-.•�, y. ;:, t .,:,... ,' ,• '.� x.,rv.. r4):i~%.r t,t, L[ x,. �.. �(� t .J t. , .�; 4� a.l. �.iY �..,ty.;�-r ,) 4,may -. q yy �r GU�e;t�'l.e,n� �. ��, o o F. � ���: �� -�i���, � � � � � �_�� _. . t C�5 de fte`r th �d l -... .�� : � .g.. � , . : .���x,� :k .��.� ���,,� �,..�:.. �.:.o rya � .. �n p . roe ��s .�q..YZ .�^ 7`. s.,. ':'i Fa +,�q.k. ..r, :t �rr A n. :y ,.a ,... � ,.F xt , ........ � ,:.. ... .,k �f.), ..:. •...,. �k'&X s,•, � w'9' :�, �. a� .«a: ...,. ,., .. ,...�'.,y. :.. `,� ....:..s. .:,.; .,,,. > �.....,sy... :.•.. S 1lS ^:`'1,�. .r•-t ..:t �' `�•,.! ':�� n'. �'1;., ,. J .a.`.!g. yt� :e. .,.»� � �': g --� -.�, „' :e r .. �..� �x. •, , � ..� .� �)".S',��'a.�.�..,�i '.�J.-.:.�}�'�'t .ilt.,ak3.,'�;F tfi� � p, ar_ ;'s_• proposal r��, ,�ha14beonsidere . r�y.';. xa/�, �r+}�„ .,�f P � 1 p� l�:^. � C j'��I ! a5 { f•-.. �'+y�r<•,=a which rnr d r.s:.0 +entw:the id r � In a 4)'. ,,� ............. .ik=....;h,. .,,."L -.. , . :.'.....�.3s..•.-..,..��� �S':� O.'.'.^ .4':r^ a . 'E'' �J+V protest to an invitation to negotiate procurement, no submissions made after the agency announces its intent to award a contract, reject all replies, or withdraw the solicitation which amend or supplement the reply shall be considered. Unless otherwise provided by statute, the burden of proof shall rest with the party protesting the proposed agency action. In a competitive- procurement protest, other than a rejection of all bids, proposals, or replies, the administrative law judge shall conduct a de novo proceeding to determine whether the agency's proposed action is contrary to the agency's governing statutes, the agency's rules or policies, or the solicitation specifications. The standard ofproof for suchproceedings shall be whether the proposed agency action was clearly erroneous, contrary to competition, arbitrary, or capricious. In any bid-protest proceeding contesting an intended agency action to reject all bids, proposals, or replies, the standard of review by an administrative law judge shall be whether the agency's intended action is illegal, arbitrary, dishonest, or fraudulent. Harry Pepper Associates,Inc.V.City of Cape Coral,352 So.2d 1190(1977) . -+..c:-_-y-^rxr'�•:osac.-�s:.orssn:��.,.cirs-ssa s. -sasz,-.s,-.saaswrr.:csrnzcss.-an:.wcrosc.-�cao^, �-aa-.«ar w....s.+ '-asc�.c.crscmcana+cox2^�zs�icasi—..se._..,:...��aaxa:aswv.�.asp=uzrum�s.�aaryes:-.:.-r-r.:au...xoe:�ay.�r..:�^Fa2�vsr..:.aa....n... t E 111111 KeyCite Yellow FlagNegative Treatment - Declined to Extend by Biscayne Marine Partners LLC v.City of Miami, Fla.App.3 Dist., February 13,2019 352 So.2d 1190 District Court of Appeal of Florida,Second District. • HARRY PEPPER&ASSOCIAT'ES,INC.,et al.,Appellants, v. The CITY OF CAPE CORAL,Florida,et al.,and Gulf Contracting,Inc.,a Florida Corporation,Appellees. No.76-1708. Nov.9, 1977. Rehearings Denied Dec. 16, 1977 and Jan.5,1978. Synopsis Second lowest bidder for city's water treatment plant construction project brought action for an injunction preventing city from contracting with lowest bidder,for writ of prohibition and for other relief. The Circuit Court,Lee County,Thomas W. Shands, J.,granted city's motion for directed verdict,and plaintiff-bidder appealed.The District Court of Appeal,Second District,held that city did not have authority to accept lowest bidder's bid,which,at time of its submission,was facially nonconforming in regard to brand of pumps to be installed but which was amended,prior to acceptance,to conform to the specifications as stated in the original proposal. Reversed and remanded with directions. Procedural Posture(s): On Appeal;Motion for Judgment as a Matter of Law(JMOL)/Directed Verdict. West Headnotes(4) [1] Public Contracts Amendment,correction,or withdrawal Bidder on a public project may not change his bid after bids have been opened,except to cure minor irregularities. 6 Cases that cite this headnote [2] Public Contracts Form and requisites; responsiveness Deviation in a bid on a public project is sufficiently material to destroy its competitive character if the variation affects amount of the bid by giving bidder a benefit or advantage not enjoyed by other bidders. 8 Cases that cite this headnote [3] Municipal Corporations Form and requisites of proposals or bids Public Contracts 4 Form and requisites; responsiveness Public Contracts Amendment,correction,or withdrawal WESTLAW 2022 Thomson Reuters. No cam to original U.S. Government Works. Harry Pepper&Associates,Inc.v.City of Cape Coral,352 So.2d 1190(1977) City,which advertised for bids for construction of water treatment plant,did not have authority to accept a bid,which, at time of its submission,was facially nonconforming in regard to brand of pumps to be installed,but which was amended,prior to acceptance,to conform to the specifications as stated in the original proposal. 7 Cases that cite this headnote [4] Appeal and Error Effect of Reversal Reversal of judgment without directions returns cause to trial court just as if reversed order had never been made. Attorneys and Law Firms *1191 Philip T. Weinstein of Cunningham&Weinstein,Miami,and Henderson,Franklin, Starnes&Holt,Fort Myers, for appellants. Richard V. S. Roosa of Pavese, Shields,Garner,Haverfield&Kluttz,Cape Coral,for appellees City and individual council members. Daryl J.Brown of Rosin,Abel,Band,Rosin&Brown,Sarasota,for appellee Gulf Contracting,Inc. Opinion PER CURIAM. , The issue in this case is whether a city has legal authority to accept a bid which, at the time of its submission, is facially nonconforming as to acceptable materials and components,but which is subsequently amended,prior to acceptance,to conform to the specifications as stated in the original proposal. The trial court,in essence,held that it had such authority. We disagree and reverse. Appellee City desired to build a water treatment plant,and in March 1976 caused to be published the necessary advertisement for bids.1 The advertisement for bids contained the following provision: Prebid submitted by manufacturers whose equipment has not been specified is required. The Engineer's written approval of that equipment must be obtained for that equipment to be authorized for inclusion in the Bid Documents'Equipment Schedule or project work. The instructions to bidders contained,inter alia,the following condition: 1)The Contract will be awarded to the lowest responsible bidder complying with the conditions of the Advertisement, Instructions to Bidders, General and Special Conditions, Drawings and Specifications provided such bid is reasonable and provided it is to the interest of the Owner to accept it. x 1192 Since a major component of the water plant required the use of expensive and powerful pumps,the specifications for the bids said the following about the various types of pumps to be used: WESTLAW © 2022 Thomson Reuters. No claim to original U.S. Government nt Works. Harry Pepper&Associates,Inc.v.City of Cape Coral,352 So.2d 1190(1977) As a point of information,this project has been designated based on the use of(pumps)...as manufactured by Johnson Pump Company;FMC Corporation,Peerless Pump Division;or equal. Each bid required the bidder to specify the manufacturer of the pumps that he proposed to supply under his bid.2 After receipt of the bids,it was determined that the lowest bidder was appellee Gulf Contracting(Gulf),and the next lowest bidder was appellant Pepper&Associates(Pepper). However,Gulfs bid listed a brand of pumps,Aurora,which all parties agree would not be acceptable to the City.After the discovery of this nonconformity Smallwood,an engineer in the engineering firm retained by the City,contacted an officer of Gulf and asked him to write a letter amending Gulfs bid so it would conform to the bid specifications.A short time later Gulf submitted a letter saying that it would'comply with the bid specifications as to the pumps. Smallwood then recommended that Gulfs bid be accepted. At a city council meeting on May 28,1976,appellant Pepper's representatives appeared before the city council and contended that the proposed award on Gulfs amended bid was unlawful.The city council then directed the city attorney to report to it on June 3 as to its legal rights with respect to this matter. At the meeting on June 3,the City,acting on the recommendation of its project engineer and the advice of its attorney,accepted the lower bid of Gulf. Appellant Pepper then filed a complaint for a temporary injunction to prevent the City from contracting with Gulf.Following a hearing the trial court denied the request for temporary injunction. Thereafter Pepper filed an amended complaint for injunction,writ of prohibition,and other relief A hearing was held on the matter.At the close of Pepper's evidence the City moved for a directed verdict.The trial court granted this motion and thereby denied the injunction.The court then entered its final judgment denying all relief to Pepper,from which this appeal was taken. The purpose of the bidding process,as asserted in the early landmark case of Wester v. Belote, 103 Fla. 976, 138 So. 721, 723-24(1931),is: (T)o protect the public against collusive contracts;to secure fair competition upon equal terms to all bidders; to remove not only collusion but temptation for collusion and opportunity for gain at public expense;to close all avenues to favoritism and fraud in its various forms;to secure the best values for the county at the lowest possible expense;and to afford an equal advantage to all desiring to do business with the county,by affording an opportunity for an exact comparison of bids. See also,26 Fla.Jur.,Public Works and Contracts,Section 14(1959). [1] From the above quote it is apparent that the entire scheme of bidding on public projects is to insure the sanctity of the competitive atmosphere prior to and after the actual letting of the contract. In order to insure this desired competitiveness,a bidder cannot be permitted to change his bid after the bids have been opened,except to cure minor irregularities.10 E.McQuillin, Municipal Corporations,Section 29.68(Rev.Ed.1966);64 Am.Jur.2d,Public Works and Contracts,Section 59(1972);Annot., 65 A.L.R.835(1930). [2] Looking to the specific facts in this case it is clear that prior to the awarding of the contract on June 3 the City was aware of the nonconforming nature of Gulfs bid. "1193 The test for measuring whether a deviation in a bid is sufficiently material WES ��^qi •"� Reuters.� �^C„ �%�ri claim ey n '°�+"°� i � Government r� 8«,. ,y Works, '";F T' _ . 2022 Thomson Reuters. No cl im to original .S. Go;,,,ernm t i rks. 3. Harry Pepper&Associates,Inc.v.City of Cape Coral,352 So.2d 1190(1977) to destroy its competitive character is whether the variation affects the amount of the bid by giving the bidder an advantage or benefit not enjoyed by the other bidders. 64 Am.Jur.2d,Public Works and Contracts, Section 59(1972). Here,there is no doubt that the difference between the conforming and nonconforming pumps was material,yet Gulf was permitted to modify its bid.Further,the inclusion of the nonconforming pumps was an advantage not enjoyed by other bidders,who were required to specify only approved equipment. [3] No one suggests that Gulf could have been required to perform the contract with conforming pumps,as its bid specifically stated that it would use Aurora,the nonconforming pumps. Therefore,Gulf had everything to gain and nothing to lose.After everyone else's bids were opened,Gulf was in a position to decide whether it wanted the job bad enough to incur the additional expense of supplying conforming pumps. In City of Opa-Locka v.Trustees of Plumbing Industry Promotion Fund,193 So.2d 29(Fla.3d DCA 1966),the appellee sought to bid on a contract to install certain sanitary sewer services for the City of Opa-Locka.As a condition precedent to any bid being filed,a bidding party had to have a certificate of competency from Dade County.Following submission of bids it was discovered that the appellee had submitted the lowest bid but did not possess the required certificate.The trial court enjoined the City from recognizing appellee's bid.In affirming the trial court,our sister court stated,"If the City may in its discretion waive this section it would be conducive to favoritism by allowing some bidders to qualify after their bids are accepted. . ." 193 So.2d at 32. Though the facts of Opa-Locka and this case are dissimilar, in both instances the municipal authority permitted the bidder to bring his bid into conformance with the specifications after the bids were opened. Our sister court did not approve of this procedure,nor can we. The Supreme Court of Minnesota put the applicable proposition well in Coller v. City of Saint Paul, 223 Minn. 376, 26 N.W.2d 835,842(1947): If officials charged with the letting of public contracts should be permitted in their discretion to permit bids to be changed after they have been received and opened,it would open the door to the abuses which it is the purpose of the requirements of competitive bidding to prevent and suppress. See also,PlApplication of Glen Truck Sales&Service,Inc.,31 Misc.2d 1027,220 N.Y.S.2d 939(Sup.Ct.1961). Faced with Gulfs substantially nonconforming bid,the City had but two proper alternatives:to award the contract to the next lowest bidder who met the specifications,or to reject all bids and readvertise for new ones.The City exceeded its authority by allowing Gulf to bring its bid into conformity with the specifications and then accepting it. Reversed. HOBSON,Acting C.J.,and GRIMES and SCHEB,JJ.,concur. ON PETITION FOR REHEARING PER CURIAM. [4} Upon petition for rehearing by appellee Gulf Contracting,Inc.our attention is called to the fact that in our initial opinion we reversed the judgment of the trial court without directions. Appellee correctly points out that this would be construed as returning this cause to the trial court just as if the reversed order had never been made.Bock v. Bock,311 So.2d 684(Fla. 2d WESTLAW 2022 Thomson Reuters. No claim to original U.S. Government Work . 4 Harry Pepper&Associates,Inc.v.City of Cape Coral,352 So.2d 1190(1977) DCA 1975).As noted in our opinion,the judgment appealed from was a directed verdict entered in favor of the city at the close of appellants evidence.At that point the trial court denied injunctive relief and entered final judgment against appellants. Our opinion is hereby amended to remand this cause to the trial court with direction to afford appellees an opportunity to "1194 present evidence on the issues involved. See Cape Coral Bank v. Kinney, 321 So.2d 597(Fla. 2d DCA 1975);otherwise, the petition for rehearing is denied. HOBSON,Acting C.J.,and GRIMES and SCHEB,JJ.,concur. All Citations 352 So.2d 1190 Footnotes 1 The only legal requirement for bidding cited to the court was that of Ordinance No.2-13 which provides in relevant part: Sec. 2-13. AUTHORIZATION FOR EXPENDITURE OF CITY FUNDS. * * * When a single lease or purchase of equipment,goods,supplies,merchandise,facilities,etc.,involving the expenditure of funds of more than fifteen hundred dollars($1,500.00)within a fiscal year,advertising for bids or the receiving of bids is mandatory. 2 The instructions also contained other conditions requiring approval of the Engineer's Manager of Plant Design before any substitution in the specified equipment could be made.Any approval sought under this condition was required to be requested no later than 10 days prior to the time of bidding or after. End of DOCUM ent (0 2022 Thomson Reuters.No claim to original U.S.Government Works. • WESTLAW ©2022 Thomson Reuters. No claim to original U.S. Government Works.