04/01/1992 Agreement
A G R E E MEN T
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AGREEMENT, MADE THIS 1st
between, A. & D. MARINE SALVAGE
day of Apr i 1 1992, by and
("Contractor"), a~6 Jf~ -d :'\ 8 :jj
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, of the
County of Monroe, State of Florida ("Board").
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The contractor and the Board, for the consideration named,
agree as follows:
1. The contractor shall furnish all the materials and perform
all the work as required by the Specifications for the removal and
legal disposal of Florida Marine Patrol marked Derelict Vessels.
A list of derelict vessels under this contract is attached hereto
as Exhibit A.
2. The work is to be performed under the contract shall
commence within 15 days from the date the Liason provides the
Notice to Proceed and shall be completed within
120
days
of that date.
3. If the Notice to Proceed has not been given by the Liason
to the contractor on or before April 15, 1992
then this
Agreement shall be null and void.
4. The work to be performed under the contract is contingent
upon receipt of appropriate grant monies from the State Department
of Natural Resources, Derelict Vessel Program. If this grant is
denied, this Agreement shall be null and void. The contractor
understands the rules of the Department of Natural Resources and
shall comply with said rules, along with the rules and procedures
instituted by the Board to ensure an orderly progress to the
project.
Page 1 of 5
Both the intent and the letter of the Specifications are
understood by the contractor.
5. The Board shall pay the contractor the total sum of
forty three thousand nine hundred thirty six dollars ($43, 936.00)
for the removal of all thirty four vessels listed in exhibit A. If
a vessel is missing or has been previously removed by others the
total contract amount shall be reduced according to the individual
bid price by the contractor of that vessel. Payment for the work
shall be upon completion by the contractor and acceptance by the
Board, subject to the terms and conditions of the Specifications
(attached as Exhibit B) and this contract. One payment will be
made when all of the work under the contract is complete.
6. The attached Specifications, Plans, and other documents
together with this Agreement, form the contract. They are fully a
part of this contract as if repeated herein verbatim.
7. The contractor shall indemnify the Board from and against
any and all claims, demands, actions, proceedings, damages,
liabilities, costs and expenses, including attorney fees, arising
out of, connected with, or resulting from this Agreement.
8. The contractor acknowledges his/her intention to comply
with the need to coordinate all work with the appropriate
environmental agencies, the Florida Marine Patrol, and the County.
Page 2 of 5
9. The contractor agrees to supply the County with three (3)
photographs of each Derelict Vessel on this contract-one (1) at the
current marine location prior to removal, one (1) out of the marine
location but in the same general area, and one (1) at the landfill,
showing when possible the Derelict Vessel number and/or the Florida
Vessel Registration Number. The contractor will be responsible for
the camera, film, and development costs.
10. The contractor understands and agrees that no payment
will be forthcoming for the removal and disposal of any derelict
vessel (1) not listed on this contract nor (2) for any derelict
vessel on this Contract for which a written certification for the
removal of the subject vessel has not been obtained from a Florida
Marine Patrol Officer and/or a representative of Monroe County
stationed at the landfill at the time of delivery.
11. The contractor understands and agrees that receipt of
Notice to Proceed from the County does not relieve his
responsibilities to obtain any appropriate permits. The contractor
must inform and advise the appropriate permitting authorities prior
to the removal of any derelict vessel and obtain clearance. The
contractor agrees that no environmental damage will be done.
12. The contractor understands that he is to remove only
those derelict vessels that are a part of this contract, transport
same to landfill, and offload under the direction of the landfill
staff so as to cross the scales and be placed at the location on
the landfill property where directed by landfill staff.
Page 3 of 5
13. The work must be completed by July 30, 1992. Since the
work involves the removal of derelict vessels, which are frequently
point sources of petroleum and other types of harmful chemical
pollution, the parties agree that timely performance of this
agreement is essential in order to prevent further environmental
damage and consequent restoration costs. Therefore, the parties
agree that the contractor shall be liable to the Board for $100 per
day of liquidated damages for each day after July 30, 1992 that any
of the contractor's obligations under this agreement remain
unperformed. The parties agree that such amount is by the way of
compensatory damages and does not constitute a penalty.
14. Due to the use of heavy equipment and, at times,
dangerous work environment, the contractor understands and agrees
to maintain an alcohol and drug free work environment.
15. The Board may terminate this agreement with or without
cause at anytime upon giving the contractor 15 days notice in
writing. The contractor, upon receipt of the notice, shall
immediately cease all work. The Board shall pay the contractor the
percentage of the contract sum which is proportional to the amount
of work performed by the contractor in a manner satisfactory to the
Board up to the date the contractor received notice of termination.
Page 4 of 5
IN WITNESS WHEREOF the parties hereto have executed this Agreement
the day and year first
w~~
BY: ~ ~
~~~~<; )
(Seal)
Title
A. & D. Marine Salvage
Firm
witness, ~
~ .~
Witness
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY: ~~~.I6-yc. ~ '-~~ l>-- ~
Mayor/Chairman ~
(Seal)
Attest: DANNY L. XOUIAGE, Clerk
~*~/)L
Clerk
Page 5 of 5
By
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PP 0 D TOFO
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Attorney's Office
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Date
CUDJOE
DV09910
BOOT KEY HARBOR
DV09769
DV09774
DV09768
DV09770
DV09771
DV09773
DV09788
DV09789
DV09792
DV09794
DV09795
DV09796
DV09797
DV09798
DV09799
DV09801
DV09804
DV09806
DV09807
DV09808
DV09809
DV09810
DV09812
DV09814
DV09815
DV09816
DV09823
COMMUNITY HARBOR
DV09597
DV09601
DV09602
DV09609
DV09610
DV09608
EXHIBIT A
DERELICT VESSELS TO BE REMOVED
1992 REMOVAL YEAR
GENERAL SPECIFICATIONS
1. PLANS AND SPECIFICATION: The specifications referred to herein
shall include all Specifications and documents written by
Monroe County and attached hereto.
2. INTENTION: It is intended that these Specifications which make
up and constitute the Contract shall cover all aspects of the
work with explicit provisions, and it is understood that the
Contractor has, by personal examination and inquiry, if
necessary, satisfied himself as to the local conditions of
each Derelict Vessel and as to the meaning, requirements and
reservations of the Specifications; for after contract
letting, no deviation will be allowed. In case errors or
omissions are discovered, they are to be reported by the
Contractor to the County.
3. PAYMENTS OF TESTS BY COUNTY: Except when otherwise specified,
the expense of all tests requested by the County will be borne
by the County.
4. CHANGES AND INSPECTIONS: The right is reserved to change the
Specif ications consistent with regard to the general intention
of the Contract for any part of the work or materials, either
before or after work has begun. Notice of such changes shall
be given in writing to the Contractor; such changes are not to
be grounds for any claim by the Contractor for damages, nor
for the forfeiture of the Contract. It is possible that a
Derelict Vessel could disappear between the time of inspection
by the contractor and actual effort to remove it. No payment
will be forthcoming in this case. Payment is only made for
removed vessels that have been certified by the Florida Marine
Patrol, Disposal Site/Location staff, and the County
representative.
5. SUPERVISION AND INSPECTION: The vessels herein considered are
to be removed for the County by the Contractor in accordance
with the Specifications. The County may give instructions or
directions to supplement the Specifications. These shall be
binding upon the Contractor and upon all his subcontractors,
employees and agents of every kind.
The Contractor's procedure and methods of removal may be of
his own selection provided they secure results which satisfy
the requirements of the Specifications and any necessary
environmental permits.
Page 1
All work and every process and operation shall be subject to
inspection at all times, and the County and their
representatives shall have free access to all aspects of the
work. The Contractor shall remove and make good, as may be
directed, without charge, any defective work. Oversight or
error of judgement of inspectors, or previous acceptance,
shall not relieve the Contractor from the obligation to make
good any defect whenever discovered.
It is expressly understood that the Contractor is in all
respects an independent Contractor for this work,
not withstanding under certain conditions he is bound to
follow the directions of the County, and is in no respect an
agent, servant, or employee of the County.
6. MATERIALS AND WORKMANSHIP: The Contractor shall provide the
services of all workmen, mechanics, tradesmen and other
employees trained and skilled in their various occupations;
and all materials.
7. PLANT AND PROGRAM OF CONSTRUCTION: The Contractor shall supply
all plant, tools, and equipment of every kind, ample in
quantity and capacity, in good working order and suitable in
character to carry out the work of his contract according to
the Specifications.
Precaution shall be exercised at all times for the protection
of persons and property. The safety provisions of the
Occupational Safety and Health Act of 1970 (Public Law 91-596)
and other applicable laws, including building and construction
codes shall be observed. Machinery, equipment and other
hazards shall be guarded in accordance with safety provisions
of the "Manual of Accident Prevention in Construction",
published by the Associated General Contractors of America, to
the extent that such provisions are not in contravention of
applicable law.
8. LEGAL RESTRICTIONS. PERMITS AND TRAFFIC PROVISIONS: The
Contractor shall procure, at his own expense, all necessary
licenses and permits and shall give due and adequate notices
to those in control of all properties which may be affected by
his operations. The Contractor shall conform to all applicable
laws, regulations, or ordinances with regard to labor
employed, hours of work and his general operations. The
Contractor shall conduct his operations so that he shall not
close any thoroughfare nor interfere in any way with traffic
on highways, or on water, without the written consent of the
proper authorities.
Page 2
9. LIABILITIES. DAMAGES AND ACCIDENTS: The Contractor shall
assume and be responsible for, and shall indemnify and save
harmless the County against, all claims and demands of all
parties whatsoever for damages or for compensation for
injuries or accidents to persons, animals and materials due,
or claimed to be due, either directly or indirectly, to his
operations or to the act or omission of himself, his agents,
or workmen, until the final acceptance of the work
performance. The Contractor shall pay all judgements obtained
by reason of accidents, injuries or damages, or of
infringements of patents as specified in suit or suits against
the County, including all legal costs, court expenses and
other like expenses; and the contractor shall have the right
to join in the defense of such suits.
The Contractor shall store materials and shall be responsible
for and shall maintain partly or wholly finished work during
the continuance of the Contract and until the final
acceptance. If any materials or part of the work become lost,
damaged, or destroyed by any cause or means whatsoever, the
Contractor shall satisfactorily repair and replace or not
receive payment for the unaccomplished work. The Contractor
shall maintain suitable and sufficient guards and barriers,
and at night, suitable and sufficient light or other
appropriate security or protection for the prevention of
accidents.
10. ASSIGNMENT OF CONTRACT: Neither the Contract, nor any part
thereof, nor any monies due or to become due thereunder, may
be assigned by the Contractor without the prior written
approval of the County.
11. NOTICE TO PROCEED: For Contracts wherein a specified number of
days for completion is stated, the effective date of the
"Notice to Proceed with Contract Work" will establish the
"beginning date" of the project. A preconstruct ion meeting
will be necessary involving a representative of the County,
the Contractor and other parties with direct involvement.
12. COMMENCEMENT. DELAYS AND COMPLETION OF WORK: After complete
and final execution of the Contract, and after reconciliation
of any details or conditions which may directly or indirectly
interfere or conflict with work of the Contract, the County
will issue a "Notice to Proceed with Contract Work" officially
authorizing the Contractor to commence. The Contractor shall
commence work on said date.
Page 3
If the Contractor should be delayed in the progress of the
work included in the Contract by unforseeable causes beyond
his control, the time for the completion of the work may be
extended upon agreement of the County representative. Requests
for extension of time must be submitted in writing to the
County representative. Extensions of time cannot legally be
approved unless the written request is submitted in time to
permit it to be acted upon before the Contract expiration
date. To allow sufficient time for administrative procedures
required to obtain action by the County Commission, a request
for time extension must be received by the County
representative at least sixty (60) calendar days prior to
the contract expiration date.
Liquidated damages resulting from factors beyond the control
of the Contractor which occur too late to allow time for
action by the Board of County Commissioners approving a time
extension may be waived by the County Commission. Such waiver
shall be granted only when the County representative
determines that the delay is beyond the control of the
Contractor, and in this event the Contractor shall not be
charged with liquidated damages or any excess cost when the
delay in the completion of the work is due:
a. To any duly issued order by the County or the State
Department of Natural Resources changing the Contractor's
approved work schedule;
b. To unforeseeable cause beyond the control and without the
fault or negligence of the Contractor, including, but not
restricted to, acts of God, or of the public enemy, acts
of the County, acts of another Contractor in the
performance of a contract with the County, fires, floods,
epidemics, quarantine restrictions, strikes, freight
embargoes and severe weather; and
c. To any delays of subcontractors or suppliers occasioned
by any of the causes specified in subparagraphs (a) and
(b) above.
Provided further that the Contractor shall within ten (10)
days from the beginning of such delay notify the County, in
writing, of the causes of the delay. The County representative
will ascertain the facts and the extent of the delay and
notify the Contractor within a reasonable time of his decision
in the matter.
Page 4
If the Contractor fails to complete the work within the time
limit, and if the County should nevertheless permit the
Contractor to continue and complete the same without official
extension of time in writing, such permission shall not modify
nor waive any liability of the Contractor for damages arising
from non-completion of work within the time limit, but all
such liabilities shall be subject to continuation in full
force against the Contractor.
13. EXPLOSIVES: No blasting shall be done except under prior
approval by the County and all relevant and appropriate
environmental permitting agencies such as the Department of
Natural Resources, Department of Environmental Regulation,
united States Army Corps of Engineers, u.s. Fish and Wildlfe
Service and the United States Coast Guard. When the use of
explosives is approved the Contractor shall use the utmost
care so as not to endanger life or property, and whenever
directed the number and size of the charges shall be reduced.
All explosives shall be marked clearly "DANGEROUS EXPLOSIVES",
and shall be in the care of complete watchman. The Contractor
shall secure the proper competent watchmen. The Contractor
shall secure the proper permits from all agencies. The
Contractor shall assume all responsibility for damages caused
by explosives. Use of explosives is discouraged in carrying
out the project.
14. SUBCONTRACTS: The Contractor is fully responsible to the
County for the acts and omissions of his subcontractors and of
persons either directly or indirectly employed by said
subcontractor, as he is for the acts and omissions of persons
directly employed by him. Nothing contained in the Contract
Documents shall create any contractual relations between any
subcontractor and the County.
15. FINAL CLEAN-UP: Upon completion of the work specified herein
and before acceptance and final payment shall be made, the
Contractor shall remove from the sites all machinery,
equipment, surplus and discarded materials and temporary
structures. All disposal of materials, rubbish and debris
shall be made at a legal disposal site.
16. INSURANCE: Prior to execution of the Contract by the County
and commencement of work, the Contractor must obtain all
insurance required under this paragraph and submit Proof of
same to the County for approval. All insurance shall be
maintained until work has been completed and accepted bv the
County.
Page 5
The Contractor shall furnish to the County's Risk Management
Division:
1. CertificateCs) of Insurance which clearly indicates
that he has obtained the insurance coverage required
in paragraphs a,b, and c below.
The Contractor hereby certifies that no modif ication
or change in insurance shall be made without (3)
days written advance notice to Monroe County, c/o
the Director of the Risk Management Division.
a. Worker's Compensation Insurance as required by
Chapter 440, Florida statutes.
b. General Liability Insurance- on a Comprehensive
basis, in an amount not less than $500,000.00
per occurrence for Bodily Injury and Property
Damage combined, to include contractual
liability.
c. Automobile Liability Insurance covering all
owned, non-owned and hired vehicles used in
connection with the work, in an amount not less
than $500,000.00 per occurrence for Bodily
Injury and Property Damage combined.
All insurance policies required above shall be issued by
companies authorized to do business under the laws of the Sate
of Florida.
17. ANNULMENT OF CONTRACT: If the Contractor fails to begin the
work under Contract within the time specified, or fails to
perform the work with sufficient workmen and equipment or with
sufficient materials to insure the prompt completion
of said work, or shall perform the work unsuitably or
cause it to be rejected as defective and unsuitable, or
shall discontinue the prosecution of the work, or commit any
act of bankruptcy or insolvency, or allow any final judgement
to stand against him unsatisfied for a period of 48 hours, or
shall make an assignment for the benefit of creditors or from
any other cause whatsoever shall not carryon the work in an
acceptable manner, the County may give notice in writing to
the Contractor.
Page 6
If the Contractor, within a period of ten (10) days after
such notice, does not proceed in accordance therewith, then
the County shall have full power and authority, without
violating the Contract, to take the prosecution of the
work out of the hands of said Contractor, to appropriate or
use any or all materials and equipment as may be suitable and
acceptable, and may enter into an agreement for the completion
of said Contract according to the terms and provisions
thereof, or use such other methods as shall be required
for completion of said contract in an acceptable manner.
18. PUBLIC ENTITY CRIMES: Upon entering into the contract, the
Contractor agrees to sign and endorse the Public Entity Crimes
form (attached).
Page 7
SPECIFIC DERELICT VESSEL SPECIFICATIONS
1. DEFINITION
The purpose of this section is to provide specific coverage
for conditions applicable to this contract, where such
coverage is not provided for in other portions of the contract
documents.
2. INTENT
It is the intent of these documents to obtain competitive
prices for the removal of derelict vessels from their present
sites to either the Long Key Landfill-Monroe County, any other
Landfill in neighboring counties or any other LEGAL location
for disposal. ALL DISPOSAL COSTS ARE THE RESPONSIBILITY OF
CONTRACTOR.
3. SCOPE OF WORK
The Contractor shall be responsible for providing all permits,
supervision, labor, equipment, tools, fees and taxes required
to complete this project to the satisfaction of the County.
Landfill disposal fees or other disposal fees for the
Contractor shall be his responsibility and should be added to
the cost of removal.
Any vessel which is removed and disposed of shall be removed
from its present site in such a manner as to do the least
possible damage to the natural environment surrounding the
vessel. All debris from the vessel shall be removed and the
site left in a reasonably clean condition. No oil or fuel
shall be permitted to be dumped or spilled into or unto the
water or land. All pollutants shall be removed from the
Derelict Vessel prior to removal from the water.
The Contractor shall be responsible for making any and all
arrangements for access to the vessel to be removed. If
private property has to be traversed, then written permission
of the owner is necessary. In removing a derelict vessel that
may lie on or near grass or sponge flats extreme caution must
be used as to to the least possible damage.
The Contractor will deliver the Derelict Vessel to the
disposal site, where staff must be able to verify the
derelict by its Florida Marine Patrol Derelict Vessel number or
by some other means. In the event that the vessel is being
recycled or used for an artificial reef the County
representative must be present for verification of disposal.
Page 8
In those cases where a Derelict Vessel number can not be
found, i.e. Derelict Vessel is underwater, the Contractor
shall provide marine transportation to the site for the County
representative to verify the vessel and location using the
original Derelict Vessel report from the Florida Marine
Patrol.
Prior to delivery of Derelict Vessels to the disposal site,
the Contractor must remove all oil, gas and metal (including
engines). He must dispose of them in any legal manner. Pure
used oil will be taken by Monroe County for disposal. Mixture
of oil, gas, seawater or any combination of the three must be
transported from the County by an approved hazardous waste
handler. The names of those firms will be supplied by the
Monroe County Environmental Management Department. Metal
becomes the property of the Contractor.
4. AUDIT RIGHTS
As a provision of the grant from the State of Florida to the
County, and if so requested by the State, the sucessful Bidder
agrees to provide access to all records and allow the audit of
any books, documents and papers related to this project.
5. PLANS
There are no plans for this project, but copies of the Florida
Marine Patrol Report with location sketches have been bound
into these documents for the Contractor's use. The
Specifications include sections on instructions to Bidders,
General and Specifics, and a copy of each Derelict Vessel
report from the Florida Marine Patrol. Only those Derelict
Vessels for which a report is included and listed on the
bid sheet are to be bid upon and subsequently removed.
6. PERMITS AND LICENSES
The Contractor shall comply with all applicable local, State
and Federal requirements pertaining to the terms of this
Contract. The Contractor will be responsible for obtaining any
permits and should inquire with the Department of Natural
Resources, Department of Environmental Regulation, United
States Army Corp of Engineers, U.S. Fish and wildlife Service
and Monroe County. The Contractor shall comply with all the
requirements of the Federal Pollution Control Act. Offloading
sites (water to land for transport to the landfill or other
disposal site by vehicle) must have written approval of the
land owner.
The Contractor must notify the U.S. Coast Guard Marine Safety
Office in Key West, Miami, Marathon and Islamorada prior to the
actual removal of Derelict Vessels.
Page 9
7. LIMITATIONS OF OPERATIONS
Work shall be done at any time that shall not interrupt
or disturb members of the public. Consideration should be
given at all times to the welfare of the public.
8. SITE INVESTIGATION AND UNDERSTANDING OF PROJECT
The Contractor, by virtue of signing the Contract,
acknowledges that he and all his subcontractors have satisfied
themselves as to the nature and location of the work, the
general and local conditions, including, but not restricted to,
those bearing upon transportation, handling, access to the
pick-up and disposal sites; and the character of equipment and
facilities needed to perform the work. Failure on the part of
the Contractor to completely or properly evaluate any factors
of his costs prior to bidding shall not form a basis for
additional compensation if he is awarded the Contract.
9. PREWORK CONFERENCE
A prework conference will be held between the Contractor and
representatives of the County. The time and place of this
Conference will be set by the County representative. At this
time the Contractor shall provide the County with a schedule as
to the order in which he proposes to remove the vessels awarded
to him.
10. AWARD OF CONTRACT AND TIME FOR COMPLETION
The County reserves the right to evaluate the submitted bids to
award a contract to the bidders submitting the lowest bid for
all of the derelict vessels listed in the bid package as one
project and for which a Florida Marine Patrol report is
included. One bid will be accepted and a contract issued for
the total removal of all DV's as one project.
11. INSURANCE
Contractor will follow in accordance with requirements
specified in item (16) General Specifications.
12. LIOUIDATED DAMAGES
Liquidated damages shall be assessed against the Contractor
for any bid item awarded to him which is not completed and
accepted by the County within the number of calendar days
specified. Liquidated damages are accumulative.
Page 10
13. EXECUTION OF CONTRACT DOCUMENTS
Due to the time frame involved with this project, the
Contractor upon verbal notification that he is to be awarded
the contract documents for execution, shall return said
documents properly executed along with any necessary bond and
insurance within TEN WORKING DAYS. with the Contractor's
cooperation, if this period can be reduced, it will assist in
acceleration the execution of the contract documents.
14. NOTICE TO PROCEED
The Contractor shall commence work upon this project on the
effective date of the Notice to Proceed and perform in a
continuous manner until completion and acceptance by the
County. If for any reason, not acceptable to the County, the
Contractor does not perform, the County shall have the right to
levy liquidated Damages against the Contractor.
15. CONTRACT SECURITY
The Contractor agrees to execute and deliver simultaneously
with the executed contract, a Contractor's Performance and
PaYment Bond, as may be applicable.
Florida Statutes 255.05 provide for the conditions to be
be made in all Performance and Payment Bonds relating to the
public projects in excess of $100,000. A Contractor is
responsible for acting in compliance with this law.
Where a performance bond may not be required, the contractor
is expected to act and deliver in good faith all work, at the
agreed price, in the allowed time. Failure to do so, could
jeopardize the contractor's reputation with the County and
potentially influence any future contracts with Monroe County.
16. VESSEL IDENTIFICATION AND LOCATION
Each of the vessels have been given a derelict vessel
identification number, which is shown with the location in the
Florida Marine Patrol Derelict Vessel Report, included
herewith.
Each bidder is responsible for his own identification of
each derelict vessel as to location, description and condition.
The County assumes no responsibility should there be any
discrepancies in what is stated in these documents and what
the Bidder evaluates.
Page 11
If a Derelict Vessel cannot be (1) located, (2) removed, (3)
verified and (4) disposed of then no payment will be
forthcoming to the Contractor for that vessel. Those four
conditions must be met on each Derelict Vessel along with
compliance with all laws and permits for payment to be made.
A Contractor should take special care to remove only those
Derelict Vessel's on his contract and for which he possessed a
Florida Marine Patrol Derelict Vessel Report. Other Derelict
Vessel's in the area but not under contract, cannot be
molested.
It may be possible to replace a DV of like kind, for the same
or less money, when mutual agreement can be reached upon by the
DNR administrator of the DV program, the Florida Marine Patrol
office in Marathon, the County representative, and the
contractor. This will be applicable when a contracted DV can
not be located. NO DV MAY BE REPLACED AND REMOVED WITHOUT THE
FOUR PARTY CONSENT NOTED IN THIS PARAGRAPH. A CONTRACTOR MAY
SUGGEST A POSSIBLE REPLACEMENT VESSEL BUT HE MAY NOT REMOVE IT
WITHOUT THE APPROPRIATE CONSENT ABOVE AND A CONTRACT ADDENDUM.
17. PROOF OF PROPER DISPOSAL AND NOTIFICATION TO MARINE PATROL
Contractor must submit prior to receiving any paYment: A
receipt for each vessel including the date of disposal, Florida
Marine Patrol Derelict Vessel number, disposal site, telephone
number, title, and signature of person at disposal site
verifying delivery of said Derelict Vessel.
In addition to the above information, Contractor must submit
three pictures of each vessel removed. The first at beginning
of work, the second out of the water prior to delivery to
disposal site, and third at disposal site. DV number must
appear in all pictures. The pictures must be taken with a
polaroid camera that provides instant photos. This camera and
film must be provided by the Contractor. If he does not own
one the County will provide one with a deposit equal to the
value of the camera. In this case film will still be the
responsibility of the Contractor. The photos must be
submitted on a vessel by vessel basis according to removal
schedule. Exceptions to this must be approved by the County
representative.
The Contractor must notify the Florida Marine Patrol in
writing as to the work schedule of removal. This should be
done after the pre-work conference with the County
representative. Notification is to be made before doing
any work on each vessel. This multiparty communication for
each Derelict Vessel is a requirement of the contract.
Page 12
A Florida Marine Patrol officer must certify the removal of
each DV. No payment will be made without the FMP
verification.
18. PAYMENT
All paYments for the removal and disposal of each vessel, shall
be for the performance of the work as stipulated under Item #3,
(Scope of Work). The unit rate of bid shall be totally
inclusive for all phases of the operation. Contractor may
request partial payment by submitting an invoice for the number
of vessels removed up to the date of the invoice. Contractor
must submit the required photographs, disposal receipts, etc.
for the vessels for which payment is being requested. See
paragraphs 16 and 17 of these Specific Specifications. A copy
of the Disposition certification is included herein.
19. RESTORATION OF PROPERTY
Property, public or private, if damaged during the work or
removed for the convenience of the work, shall be repaired or
replaced at the expense of the Contractor in a manner
acceptable to the County and the Owner, prior to the final
acceptance of the DV removal work and payment therefore.
20. BID FORMAT
THE SEALED BID MUST BE SUBMITTED ON THE BID SHEET ENCLOSED IN
THIS PACKAGE. A price must be submitted for each DV number on
the bid sheet and a total for removal of all vessels. Any
deviation from this format will result in an unaccepted bid.
A Contract will not be granted on the basis of combined,
related, linked, or discounted bids.
21. DERELICT VESSELS AT ISSUE
The thirty four derelict vessels shall be removed and disposed
of by the Contractor in accordance with the provisions of the
Specifications.
Page 13
(
.; ,. ~
SWORN STATEMENT UNDER SECTI01" 287.133(3)(a),
FLORIDA STATUTES. ON PUBUC ENTIn' CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBUC OR OTHER OFFICER
AUTHORIZED TO ADMINISTER OAms. .
..
x
1.
2.
This sworn statement is submitted with Bid, Proposal or ~ntract No.'
Derelict Vessel RemQY-al- 1992
for
A & D Marine Salvage
This sworn statement is submitted by
[name of entity submitting sworn statement]
1816 Flagler Ave. Key West, Fl 33040
Bid
whose business address is
and
(if applicable) its Federal Employer Identification Number (FEIN) is
. .
(It the entity has no FEIN, include the Social Security Number of the individual signing this swom
566 62 0859
statement:
.)
My name is Robert F. Andresakis
[please print name of Individual signing]
entity named above is _ Pre sident
4. I understand that a .public entity crime. as defined in Paragraph 287.133(I)(g), Florida Statutes.
means a violation ot any state or. federal law by a person with respect to and directly related to the
transaction of business with any public entity or with an agency or political subdivision of any other
state or with the United States, including, but not limited to, any bid or contract for goods or
services to be provided to any public entity or an agency or political subdivision ot any other Slate
or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering,
conspiracy, or material misrepresentation.
3.
and my relationship to the
5. I understand that 'convicted" or 'conviction. as defined in Paragraph 287.133(1)(b), Florida Statutes.
means a finding of guilt or a conviction of a public entity crime, with or without an adjudication ot
guilt, in any federal or state trial coun of record relating to charges brought by indictment or
information after July I, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea ot guilty
or nolo contendere.
6. I understand that an .aftillate. as defined in Paragraph 287.133(1)(a), Florida Statutes. means:
1. A predecessor or successor of a person convicted ot a public entity crime: or .
2.. An entity under the control of any natural person who is active in the management of the
entity and who has been convicted of a public entity crime. The term .affiliate. includes those
officers, directors, executives, partners, shareholders, employees, members, and agents who are active
in the management of an affiliate. The ownership by one person of shares constituting a contrOlling
interest in another person, or a pooling of equipment or income among persons when not for fair
marker value under an arm's length agreement, shall be a prima fade case that one person controls
another person. A person who knowingly enters into a joint venture with a persOIl who has been
convicted of a public entity crime in Florida during the preceding 36 months shall be considered an
afflliare.
7. ! understand that a .person. as defined in Paragraph 287.133(1)(e), Florida Statutes: means any
natural person or entity organized under the laws of any state or of the United States with the legal
power to enter into a binding contract and which bids or applies to bid on contracts for the provision
of goods or services let by a public entity, or which otherwise transacts or applies to transact business
with a public entity. The term .person" includes those officers, d:irectors, executives, parmers,
shareholders. employees, members, and agents who are active in management of an entity. .
8. Based on information and belief, the statement which I have marked below is true in relation to the
entity SUbmitting this sworn statement. [Please indicate which statement applies.]
Y Neither the entity submitting this sworn statement, nor any officers, directors, executives, " .
~rs, shareholders, employees, members, or agents wbo are active in management of the entity,
nor anv affiliate of the entity have been charged with and convicted of a public entity crime
subsequent to July 1, 1989. '
The entity submitting this sworn statement, or one or more of the officers, directors,
CiCCUiives, partners, shareholders, employees, members. or agents who are active in management of
the entity, or an affiliate of the entity bas been charged with and convicted of a public entity crime
subsequent to July 1~ 1989, Al:m. [please indicate which additional statement applies.]
There has been a proceeding concerning the conviction before a hearing' officer of
iii'e"State of Florida, Division of Administrative Hearings. The final order entered by the
hearing officer did not place the person or affiliate on the COnvicted vendor lisL [please
attach a copy or the final order.]
_ The person or affiliate was placed on the convicted vendor lisL There has been a
subsequent proceeding before a hearing officer of the State of Florida, Division of
Administrative Hearings. The final order entered by the hearing officer determined that it
was in the public interest to remove the person or affiliate from the convicted vendor lisL
[Please attach a copy of the final order.]
_ The person or affiliate has not been placed on the COnvicted vendor lisL [Please
describe any ac:tion taken by or pending with the Department or General Services.]
~~
[signa
Date:
1- ;;2 /iZ-- <1;:Z
STATE OF ~L ()J2lblt-
COUNTY OF N f) A.' tf!..o€
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
t20 A€~ r /J AI DJ2G:sI9K./..5 who, after first being sworn by ~e, affixed his/her signature
[name of individual signing]
in the space provided above on this eX? d day of ::J.4 '" . 19 C;,;)
~.~ .k-rs
NOTARY PUBLIC
My commission expires: 73/L/ ~ ~ T r € Sc- r1 ,12..,5 .
"..
Notary Publit. State of Florida
8y Commission Expires Feb. 16. 1993
Ilonded Thru Troy foin "",u'o~(e lnc.
Form PUR 7068 (Rev. 11/89)
NON-COLLUSION AFFIDAVIT
I, Rohert F. Andresakis'. of the city of
Key West according to law on my oath, and under penalty
"'.
of perjury, depose and say that;
President
1.) I am
A & D Narine Sal vatsethe bidder making
of the firm of
the Proposal for the
proj~t described in the notice for calling for bids
Derelict Vessel Removal
for , and that I executed the said proposal with
full authority to do so:
2.) the prices in this bid have been arrived at
independently without collusion, consultation, couununication or
agreement for the purpose of restricting competition, as to any
matter relating to such prices with any other bidder or with any
competitor;
3. ) unless otherwise r.equired by law, the prices which
have been quoted in this bid have not been knowingly disclosed by
the bidder and will not knowingly be disclosed by the bidder
prior to bid opening, directly or indirectly, to any other bidder
or to any competitor; and
4.) no attempt has been made or will be made by the bidder
to induce any other person, partnership or corporation to submit,
or not to submit, a bid for the purpose of restricting
competition;
5.) the statements contained in this affidavit are true and
correct, and made with full knowledge that Monroe County relies
upon the truth of the
awarding contracts for
statements ~contain~~ ~in this affidavit in
said proJee ',' ~
C g atur' 1. ~r"
/- .:;> q - c; ,;J.
STATE OF ~.e 1J)/1
COUNTY OF N /)/YLc;e-
DATE
~.4!ERSO~N LLY APPE~RED BEFOPX tm, the undersigned authority,
_~/tr ~J.5 who, after first being sworn by me,
name of n v ua signing]
affix~d his/her ~)l.ature in th~ space provided above on this
.;( 7"CAJ..- day of :..JHt0 ,19 y.,;; .
~;~/~S
My couunission expires: -a .e 161 Tre S6;t1,€S
,..... Wofary Publit, State of Florida
., Commission Expires Feb., 16, 1993_
Bonded Thru Troy Fain .'n,uranee Inc,
t A.:..lllt.
Professional Insurance
2003 W. Kennedy Blvd.
Tampa, Florida 33606
CERTIFICATE OF INSURANCE ISSU~DA~E ;;IDDIYY)
~i~~~~T~~CR~~~+~i~~g~D~~~-~E~~iF~~: ~O:~~~g~~:A~f~~~NJ~F~~~T-E
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW,
Center,
PRODUCER
INSURED
COMPANIES AFFORDING COVERAGE
~~T~~NY A Lloyds
COMPANY B
LETTER
Progressive American
~J
n~vJY
VVf! D'-cr ~IIJ'lfY
A & D 1vIarine Salvage
1816 Flagler Avenue
Key West, Florida 33040e
~~T~~NY C
Liberty I~utual
f~T~~~NY D
f~i4~~NY E
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE (MM/DD/YY) DATE (MMIDDIYY)
GENERAL LIABILITY GENERAL AGGREGATE $ 500,000
AX COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG,
CLAIMS MADE X OCCUR. 07M557-2091 2-20-92 7-9-92 PERSONAL & ADV. INJURY
OWNER'S & CONTRACTOR'S PROTo EACH OCCURRENCE $ 500,000
FIRE DAMAGE (Anyone fire) $
MED. EXPENSE (Anyone person) $
AUTOMOBILE LIABILITY COMBINED SINGLE
ANY AUTO LIMIT $ 500,000
ALL OWNED AUTOS BODILY INJURY
BX (Per person) $
SCHEDULED AUTOS CA 244 32 760 3-6-92 3-6-93
X HIRED AUTOS BODILY INJURY
X (Per accident) $
NON-OWNED AUTOS
GARAGE LIABILITY
PROPERTY DAMAGE $
EXCESS LIABILITY EACH OCCURRENCE $
UMBRELLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION STATUTORY LIMITS
WCl-351-23S538 7-13-91 7-13-92 EACH ACCIDENT $ 100,000
AND
C DISEASE-POLICY LiMIT $ 500,000
EMPLOYERS' LIABILITY
DISEASE-EACH EMPLOYEE $100 (JOO
OTHER
DESCRIPTION OF OPERA TIONS/LOCA TlONS/VEHICLES/SPECIAL ITEMS
Marine Salvage
CERTIFICATE HOLDER
Certificate 2 24 92
County of Monroe
Attn: Kim Blanco - Marine Projects
5100 Jr Cbllege Road
Key West, Florida 33040
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON T E COMP , ITS AGENTS OR REPRESENTATIVES
I ~P.RBR ~t! m!Bl
Agent
~~~RftP. ~Rf!r.Rfi~ T!RN 1 ~~(