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Agreement with Blue Water Marine Services, Inc.
02°471 —027944‘a AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND BLUE WATER MARINE SERVICES, INC. FOR REMOVAL AND DISPOSAL OF DERELICT VESSELS, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 41-11/12 THIS AGREEMENT made and entered into this 2 y day of /%ifhkher2014(Effective Date), by and between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation, having its Y P P 9 principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139, (hereinafter referred to as City)and BLUE WATER MARINE SERVICES, INC.,a Florida corporation,whose address is 14100 S.W. 256th Street, Suite 14 Homestead, FL 33032 (hereinafter referred to as CONTRACTOR). SECTION 1 DEFINITIONS Agreement: This Agreement between the City and CONTRACTOR. City Manager: The Chief Administrative Officer of the City. CONTRACTOR: For the purposes of this Agreement, CONTRACTOR shall be deemed to be an independent contractor, and not an agent or employee of the City. Services: All services,work and actions by the CONTRACTOR performed pursuant to or undertaken under this Agreement, as described in Section 2 and Attachment "D" hereto. Fee: Amount paid to the CONTRACTOR to cover the costs of the Services. Proposal Documents: Proposal Documents shall mean City of Miami Beach REQUEST FOR QUALIFICATIONS(RFQ)No.41-11/12 for REMOVAL AND DISPOSAL OF DERELICT VESSELS, together with all amendments thereto, issued by the City in contemplation of this Agreement (the RFQ) and the . Contractor's proposal in response thereto (Proposal), all of which are hereby incorporated and made a part hereof; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, the following order of precedent shall prevail: this Agreement; the RFQ; and the Proposal. Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139, telephone number(305) 673-7000, Ext. 6515, and fax number(305) 673-7023. 1 SECTION 2 SCOPE OF SERVICES 2.1 GENERAL The City is entering into this Agreement for the removal and disposal of derelict vessels, as set forth in City's Request for Qualifications No. 41-11/12, together with all amendments thereto (the RFQ), and CONTRACTOR's Proposal in response thereto (The RFQ and CONTRACTOR'S Proposal are collectively referred to as the Proposal Documents). The Proposal Documents shall set forth the Services to be provided pursuant to this Agreement; which Services are attached and incorporated in further detail as Attachment "D" hereto. The Services will be provided by CONTRACTOR to suffice any and all requirements as may be set forth by the Federal Emergency Management Agency(FEMA),which provides public assistance funds for debris clearance, removal, and disposal operations. SECTION 3 COMPENSATION 3.1 FEE When a need for the Services is identified by the City, the requesting City Department shall contact all prequalified contractors, including CONTRACTOR,to provide quotes on the work or services required. CONTRACTOR is required to visit the site; provide fixed price per vessel; submit the number of days required to perform the removal of the vessel;and the start date.The quote must be all inclusive(removal to disposal)to include every task to be completed for each vessel in accordance to FEMA or other applicable requirements. If CONTRACTOR's quote is accepted by the City,which acceptance shall be in the City's sole discretion and judgment,then a Work Order will be released to CONTRACTOR. The CONTRACTOR shall be required to submit a written estimate for the proposed Services or portion thereof before a Work Order, in the form provided in Attachment"A"to this Agreement, is issued by the City. The estimate shall be itemized by the number of work hours per classification, and by the cost of materials and equipment. Lump sum estimates shall not be accepted.The actual charge to the City for a specific project must be in accordance with the cost information submitted in CONTRACTOR's Proposal in response to the RFQ, and must be approved prior to commencement of any Services, or portion thereof, under a Work Order. 3.2 PAYMENT AND BILLING a. If the Services required to be performed by a Work Order are able to be clearly specified by the City, then the Work Order shall be issued on a "Fixed Fee" basis. The CONTRACTOR shall perform all Services required by the Work Order, but in no event shall the CONTRACTOR be paid more than the negotiated Fixed Fee amount stated therein. b. If the Services required to be performed are not such that they cannot be specifically set forth and defined by the City,then the Work Order may be issued on a"Time Basis Method", and contain a "Not-to-Exceed" amount. If a "Not-to-Exceed" amount is provided, the CONTRACTOR shall perform all Services required by the Work Order but, in no event, shall the CONTRACTOR be paid more than the "Not-to Exceed" amount specified in the applicable Work Order. c. If the Services are such that they cannot be specifically set forth and defined by the City,then the Work Order may also be issued on a "Time Basis Method", and contain a Limitation of Funds amount. The CONTRACTOR shall not be authorized to exceed the amount without the prior written approval of the City. Said approval, if given at all, shall indicate a new 2 Limitation of Funds amount. d. The CONTRACTOR shall advise the City whenever the CONTRACTOR has incurred expenses on any Work Order that equals or exceeds eighty percent(80%)of the Limitation of Funds amount. e. For Work Orders issued on a"Fixed Fee Basis,"the CONTRACTOR may invoice the amount due based on the percentage of total (Work Order) Services actually performed and completed, but, in no event, shall the invoice amount exceed a percentage of the Fixed Fee amount equal to a percentage of the total Services actually completed. f. For Work Orders issued on a "Time Basis Method" with a "Not-to-Exceed" amount, the CONTRACTOR may invoice the amount due for actual hours performed, but in no event shall the invoice amount exceed a percentage of the "Not-to-Exceed" amount equal to a percentage of the total Services actually completed. g. Each Work Order issued on a "Fixed Fee Basis" or "Time Basis Method" with a "Not-to- Exceed" amount shall be treated separately for retainage purposes. If the City determines that the Services have been substantially complete and the amount retained is considered to be in excess, the City may, at its sole and absolute discretion, release the retainage or any portion thereof. h. For Work Orders issued on a "Time Basis Method" with a Limitation of Funds amount, the CONTRACTOR may invoice the amount due for Services actually performed and completed. i. Payments shall be made by the City to the CONTRACTOR when requested as work progresses for Services furnished, but not more than once monthly. Each Work Order shall be invoiced separately. CONTRACTOR shall submit to the City,at the close of each calendar month, an itemized invoice properly dated including the following: - Description of Services rendered - Cost of Services - Name and address of the CONTRACTOR - Work Order number - RFQ No. - Notice(s)to Proceed issued by the City. - Records of vessel registration number, if applicable,and photographs of each wreckage. - Full name of individual performing the service. - Number of hours and dates worked. All invoices are subject to verification, approval, and processing by the City department requesting the temporary personnel. The original invoice shall be sent to: City of Miami Beach Public Works Sanitation Department 140 MacArthur Causeway Miami Beach, Florida 33139 3 SECTION 4 GENERAL PROVISIONS 4.1 RESPONSIBILITY OF THE CONTRACTOR a. The CONTRACTOR shall be responsible for the professional quality, technical accuracy, competence, methodology, accuracy and the coordination of all of the following which are listed for illustration purposes and not as a limitation: documents, analyses, reports, data, plans, specifications,and/or any and all other documents and/or Services of whatever type or nature furnished by the CONTRACTOR under this Agreement. The CONTRACTOR, shall, without additional compensation, correct or revise any errors or deficiencies in any and all documents and/or Services of whatever type or nature that are required to be furnished by the CONTRACTOR pursuant to this Agreement. b. Neither the City's review, approval or acceptance of, nor payment for, any of the Services required herein shall be construed to operate as a waiver of the City's rights under this Agreement, nor of any cause of action arising out of the performance of this Agreement,and the CONTRACTOR shall be and always remain liable to the City in accordance with this Agreement and applicable laws for any and all damages to the City caused by the CONTRACTOR'S negligent and wrongful performance of any of the Services furnished under this Agreement. c. In its performance of the Services,the CONTRACTOR shall comply with all Applicable Laws. 4.2 PUBLIC ENTITY CRIMES A State of Florida Form PUR 7068,Sworn Statement under Section 287.133(3)(a)Florida Statute on Public Entity Crimes shall be filed with the City's Procurement Division, prior to commencement of the Services herein. 4.3 DURATION AND EXTENT OF AGREEMENT The term of this Agreement shall be for an initial term of three(3)years, commencing on the last date of execution of the Agreement by the parties hereto, which shall be the Effective Date on page 1 hereof. At its sole discretion,the City may renew this Agreement, upon the same terms and conditions,for up to two(2)additional one(1)year terms, upon thirty(30)days written notice to CONTRACTOR (such notice to be provided prior to the end of the initial term (or a renewal term, as the case may be). 4.4 TIME OF COMPLETION The Services to be rendered by the CONTRACTOR shall commence upon receipt of a Notice to Proceed from the City, subsequent to the execution of the Agreement. The Services shall be ongoing for the Term of the Agreement, on an as needed basis, and subject to the issuance of a Work Order to CONTRACTOR(which Work Order shall be issued, if at all, at the sole discretion and judgment of the City). 4.5 INDEMNIFICATION CONTRACTOR agrees to indemnify and hold harmless the City of Miami Beach and its officers, employees and agents, from and against any and all actions, claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or be 4 alleged to have arisen from the negligent acts,errors, omissions or other wrongful conduct of the CONTRACTOR, its employees, agents, sub-contractors, or any other person or entity acting under CONTRACTOR's control, including without limitations any and all temporary personnel assigned to the City pursuant to this Agreement, in connection with the CONTRACTOR's performance of the Services pursuant to this Agreement; and to that extent,the CONTRACTOR shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys'fees expended by the City in the defense of such claims and losses, including appeals. The parties agree that one percent(1%)of the total compensation to the CONTRACTOR for performance of the Services under this Agreement is the specific consideration from the City to the CONTRACTOR for the CONTRACTOR's Indemnity Agreement. This indemnity shall survive termination of this Agreement. The CONTRACTOR's obligation under this Subsection shall not include the obligation to indemnify the City of Miami Beach and its officers, employees and agents,from and against any actions or claims which arise or are alleged to have arisen from negligent acts or omissions or other wrongful conduct of the City and its officers, employees and agents. The parties each agree to give the other party prompt notice of any claim coming to its knowledge that in any way directly or indirectly affects the other party. 4.6 TERMINATION, SUSPENSION AND SANCTIONS 4.6.1 Termination for Cause If the CONTRACTOR shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements,or stipulations material to this Agreement,the City shall thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to terminate for cause, the City shall notify the CONTRACTOR of its violation of the particular terms of this Agreement and shall grant CONTRACTOR ten (10) days to cure such default. If such default remains uncured after ten (10) days, the City, upon three (3) days' notice to CONTRACTOR, may terminate this Agreement and the City shall be fully discharged from any and all liabilities, duties and terms arising out of/or by virtue of this Agreement. Notwithstanding the above,the CONTRACTOR shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by the CONTRACTOR. The City, at its sole option and discretion, shall additionally be entitled to bring any and all legal/equitable actions that it deems to be in its best interest in order to enforce the City's right and remedies against the defaulting party. The City shall be entitled to recover all costs of such actions, including reasonable attorneys'fees. To the extent allowed by law,the defaulting party waives its right to jury trial and its right to bring permissive counter claims against the City in any such action. 4.6.2 Termination for Convenience of City NOTWITHSTANDING SECTION 4.6.1,THE CITY MAY ALSO,FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE AT ANY TIME DURING THE TERM HEREOF BY GIVING WRITTEN NOTICE TO CONTRACTOR OF SUCH TERMINATION, WHICH SHALL BECOME EFFECTIVE THIRTY (30) DAYS FOLLOWING RECEIPT BY THE CONTRACTOR OF THE WRITTEN TERMINATION NOTICE. IN THAT EVENT, ALL FINISHED OR UNFINISHED DOCUMENTS AND OTHER MATERIALS,AS DESCRIBED IN SECTION 2 AND IN REQUEST FOR QUALIFICATIONS NO.41-11/12,TOGETHER WITH ALL AMENDMENTS THERETO, AND CONTRACTOR'S PROPOSAL RESPONSE,ATTACHED HERETO, SHALL BE PROPERLY ASSEMBLED AND DELIVERED TO THE CITY AT CONTRACTOR'S SOLE COST AND EXPENSE. IF THE AGREEMENT IS TERMINATED BY THE CITY AS PROVIDED IN THIS SUBSECTION, CONTRACTOR SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED,AS DETERMINED BY THE CITY AT ITS DISCRETION,UP 5 i TO THE DATE OF TERMINATION. PROVIDED, HOWEVER, THAT AS A CONDITION PRECEDENT TO SUCH PAYMENT, CONTRACTOR SHALL DELIVER ANY AND ALL DOCUMENTS, MATERIALS, ETC, TO CITY, AS REQUIRED HEREIN. 4.6.3 Termination for Insolvency The City also reserves the right to terminate the Agreement in the event the CONTRACTOR is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations for the parties shall be the same as provided for in Section 4.6.2. 4.6.4 Sanctions for Noncompliance with Nondiscrimination Provisions In the event of the CONTRACTOR's noncompliance with the nondiscrimination provisions of this Agreement, the City shall impose such sanctions as the City, Miami-Dade County, and/ or the State of Florida, as applicable, may determine to be appropriate, including but not limited to, withholding of payments to the CONTRACTOR under the Agreement until the CONTRACTOR complies and/or cancellation,termination or suspension of the Agreement. In the event the City cancels or terminates the Agreement pursuant to this Subsection the rights and obligations of the parties shall be the same as provided in Section 4.6.2. 4.7 CHANGES AND ADDITIONS Changes and additions to the Agreement shall be directed by a written amendment signed by the duly authorized representatives of the City and CONTRACTOR. No alteration, change, or modification of the terms of this Agreement shall be valid unless amended in writing, signed by both parties hereto, and approved by the City. 4.8 AUDIT CONTRACTOR shall keep such records and accounts and require any and all subconsultants to keep such records and accounts as may be necessary in order to record complete and correct entries as to personnel hour charge to the City. All books and records relative to the Agreement, and the Services to be provided herein, shall be available at all reasonable times for examination and audit by the City and shall be kept for a period if three(3) years after the completion of all work/services to be performed pursuant to this Agreement. The City reserves the right to perform audit investigations of the CONTRACTOR's records and accounts. The City's audit rights shall include, without limitation: ascertaining CONTRACTOR's compliance with the Miami Beach Derelict Vessels Program requirements (pursuant to Subsection 2.2 herein and the Proposal Documents), compliance with FEMA's billing and invoicing requirements, and compliance with the City's Living Wage Ordinance. Without limitation, CONTRACTOR shall maintain any and all records necessary to document compliance with the provisions of this Agreement, and shall make available to the City, upon request, such records for audit and examination relating to all matters covered by this Agreement. 4.9 INSURANCE REQUIREMENTS CONTRACTOR shall obtain, provide and maintain during the term of the Agreement the following types and amounts of insurance (also referenced in Attachment "B" hereto) which shall be maintained with insurers licensed to sell insurance in the State of Florida and have a B+ VI or higher rating in the latest edition of AM Best's Insurance Guide. (Any exceptions to these 6 i requirements must be approved by the City's Risk Management Department prior to implementation of same): 1. Workers' Compensation and Employer's Liability per the statutory limits of the state of Florida. 2. Comprehensive General Liability(occurrence form), limits of liability$1,000,000.00 per occurrence for bodily injury property damage to include Premises/Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity(Hold harmless endorsement exactly as written in Insurance Checklist. 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. Said policies of insurance shall be primary to and contributing with any other insurance maintained by the CONTRACTOR or City, and shall name the City and the officers, agents and employees of said organizations as additional insures under this Agreement. Policies cannot be canceled without thirty(30)days prior written notice to the City. The CONTRACTOR shall file and maintain certificates of all insurance policies with the City's Risk Management Department showing said policies to be in full force and effect at all times during the term of the Agreement. No work shall be done by CONTRACTOR during any period when it is not covered by insurance as herein required. Such insurance shall be obtained from brokers or carriers authorized to transact insurance business in Florida and satisfactory to City. Evidence of such insurance shall be submitted to and approved by the City's Risk Manager prior to commencement of any work or services under the Agreement. If any of the required insurance coverages contain aggregate limits, or apply to other operations of the CONTRACTOR outside the Agreement,CONTRACTOR shall give City prompt written notice of any incident, occurrence, claim settlement or judgment against such insurance which may diminish the protection such insurance affords the City. The CONTRACTOR shall further take immediate steps to restore such aggregate limits or shall provide other insurance protection for such aggregate limits. 4.9.1 Failure to Procure Insurance CONTRACTOR' failure to procure or maintain required insurance coverage shall constitute a material breach of Agreement under which City may, at its sole option, immediately terminate the Agreement. 4.10 ASSIGNMENT, TRANSFER OR SUBCONTRACTING The CONTRACTOR shall not subcontract, assign, or transfer any work under this Agreement in whole or in part, without the prior written consent of the City. 4.11 SUB-CONTRACTORS The CONTRACTOR shall be liable for the CONTRACTOR's services, responsibilities and liabilities under this Agreement and the services, responsibilities and liabilities of any and all sub-contractors, and any other person or entity acting under the direction or control of the CONTRACTOR including without limitation, any and all temporary personnel provided in the City pursuant to the terms and conditions of the Agreement. When the term"CONTRACTOR" 7 i is used in this Agreement, it shall be deemed to include any sub-contractors and any other person or entity acting under the direction or control of CONTRACTOR. For the purpose of this Agreement, CONTRACTOR acknowledges and agrees that any and all temporary personnel assigned by CONTRACTOR to provide services to the City pursuant to this Agreement shall be deemed to be independent contractors and agents or employees of the City, and shall not attain any rights or benefits under the Civil Service or Pension Ordinance of the City, or any right generally afforded Classified or Unclassified employees. Further each personnel shall not be deemed entitled to Florida Worker's Compensation benefits as an employee of the City, or accumulation of sick or annual leave. 4.12 EQUAL EMPLOYMENT OPPORTUNITY In connection with the performance of this Agreement, the CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex, age, and national origin, place of birth, marital status, physical handicap, or sexual orientation. The CONTRACTOR shall take affirmative action to ensure that applicants are employed and that employees are treated during their employment without regard to their race, color, religion, ancestry, sex, age, and national origin, place of birth, marital status, disability, or sexual orientation. 4.13 CONFLICT OF INTEREST The CONTRACTOR agrees to adhere to and be governed by the Metropolitan Miami- Dade County Conflict of Interest Ordinance(No. 72-82),as amended;and by the City of Miami Beach Charter and Code, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The CONTRACTOR covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should conflict in any manner or degree with the performance of the Services. The CONTRACTOR further covenants that in the performance of this Agreement, no person having any such interest shall knowingly are employed by the CONTRACTOR. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising therefrom. 4.14 PATENT RIGHTS, COPYRIGHTS; CONFIDENTIAL FINDINGS Any patentable result arising out of this Agreement, as well as all information, specifications, processes,data and findings, shall be made available to the City for public use. No reports,other documents,articles or devices produced in whole or in part under this Agreement shall be the subject of any application for copyright or patent by or on behalf of the CONTRACTOR or its employees or sub-contractors, without the prior written consent of the City. 4.15 NOTICES All notices and communications in writing required or permitted hereunder may be delivered personally to the representatives of the CONTRACTOR and the City listed below or may be mailed by registered mail, postage prepaid (or airmailed if addressed to an address outside of the city of dispatch). Until changed by notice in writing, all such notices and communications shall be addressed as follows: TO CONTRACTOR: Blue Water Marine Services, Inc. 8 Attn: Todd Seeds 14100 S.W. 256" Street, Ste. 14 Homestead, Florida 33032 Phone: (305) 230-0030 Fax: (305) 230-3090 E-mail: tbsouthdade @earthlink.net TO CITY: City of Miami Beach City Hall Attn: Eric Carpenter, Public Works Director 1700 Convention Center Drive, 4th Floor Miami Beach, Florida 33139 With copies to: City of Miami Beach City Hall Attn: Alex Denis, Procurement Director 1700 Convention Center Drive, 3rd Floor Miami Beach, Florida 33139 Notices hereunder shall be effective: If delivered personally,on delivery; if mailed d to an address in the city of dispatch,on the day following the date mailed;and if mailed to an address outside the city of dispatch on the seventh day following the date mailed. 4.16 LITIGATION JURISDICTION/VENUE This Agreement shall be enforceable in Miami-Dade County, Florida,and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. BY ENTERING INTO THIS AGREEMENT,THE CONTRACTOR AND CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 4.17 ENTIRETY OF AGREEMENT This Agreement and all Attachments hereto including without limitation, Request for Qualifications(RFQ)No.41-11/12,together with all amendments thereto,and CONTRACTOR's Proposal in response to the RFQ (the Proposal Documents), shall embody the entire Agreement and understanding between the parties hereto,and there are no other agreements and understandings, oral or written with reference to the subject matter hereof that are not merged herein and superceded hereby. Request for Qualifications No.41-11/12,together with all amendments thereto, and CONTRACTOR's Proposal in response are hereby incorporated by reference into this Agreement as Attachment"E"hereto; provided,however,that in the event of an expense conflict between that Proposal documents and this Agreement, the Agreement shall prevail. 4.18 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of$1,000. CONTRACTOR hereby expresses its willingness to enter into this Agreement with CONTRACTOR recovery from the City for any damage action for breach of contract to be limited to a maximum amount of$1,000. 9 Accordingly, and notwithstanding any other term or condition of this Agreement, CONTRACTOR hereby agrees that the City shall not be liable to the CONTRACTOR for damages in an amount in excess of$1,000 for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability as set forth in Section 768.28, Florida Statutes. 4.19 COMPLIANCE WITH APPLICABLE LAWS The CONTRACTOR, its sub-contractors, agents and employees, including without limitation, any and all temporary personnel assigned to the City pursuant to this Agreement, shall comply with all applicable Federal, State, Miami-Dade County and City Laws, and with all applicable rules and regulations promulgated by local, state and national boards, bureau and agencies as they relate to the Agreement and /or the provision of services hereto. 4.20 CONTRACTOR'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW Pursuant to Section 119.0701 of the Florida Statutes, if the Contractor meets the definition of "Contractor" as defined in Section 119.0701(1)(a), the Contractor shall: a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service; b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and d) Meet all requirements for retaining public records and transfer to the City, at no City cost, all public records created, received, maintained and/or directly related to the performance of this Agreement that are in possession of the Contractor upon termination of this Agreement. Upon termination of this Agreement,the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. For purposes of this Article, the term"public records"shall mean all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. Contractor's failure to comply with the public records disclosure requirement set forth in Section 119.0701 of the Florida Statutes shall be a breach of this Agreement. In the event the Contractor does not comply with the public records disclosure requirement set forth in Section 119.0701 of the Florida Statutes,the City may, at the City's sole discretion, avail itself of the remedies set forth under this Agreement and available at law. 10 ASSIGNMENPROAD MAP When a need for the Services is identified by the City, the requesting City Department shall contact all prequalified contractors, including CONTRACTOR,to provide quotes on the work or services required. CONTRACTOR is required to visit the site; provide fixed price per vessel; submit the number of days required to perform the removal of the vessel;and the start date. The quote must be all inclusive(removal to disposal)to include every task to be completed for each vessel in accordance to FEMA or other applicable requirements. If CONTRACTOR's quote is accepted by the City,which acceptance shall be in the City's sole discretion and judgment,then a Work Order will be released to CONTRACTOR. Failure to respond, either by not submitting a proposal in three (3) attempts, may result in your company being removed from the City's bid list. 11 i IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: By: R fael Granado, City Clerk Phili L . f ayor Date Date FOR CONTRACTOR: BLUE WATER MARINE SERVICES, INC. ATTEST: By: Secretary President Print Name Print 4ame Date Date F:\PURC\$ALL\PAMELA\RFQ\RFQ 41-11-12 Removal&Disposal of Derelict Vessels\Agreement\Blue Water Marine.doc 12 Exhibits: Attachment "A" — Work Order Attachment "B" — Insurance Requirements Attachment "C" —The City's Living Wage Ordinance Attachment"D",—Request for Qualifications No. 41-11/12,Addendum No. 1 thereto, and Contractor's response to the RFQ. 14 IAMI . City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfi.gov DEPARTMENT OF PROCUREMENT MANAGEMENT WORK ORDER Tel: 305-673-7490,Fax:786-394-4010 "ATTACHMENT A" Date: Work Order Number: TO: Blue Water Marine Services, Inc. Attn: Todd Seeds 14100 S.W. 256" Street Homestead, Florida 33032 Phone: (305)230-0030 Pursuant to the Agreement between the City of Miami Beach and the above named firm for REMOVAL AND DISPOSAL OF DERELICT VESSEL SERVICES PURSUANT RFQ-41-11/12 (the Agreement), you are directed to provide the following: SCOPE OF SERVICES: (Attach additional pages if needed) ATTACHMENTS TO THIS WORK ORDER: METHOD OF COMPENSATION: [ ] drawings/plans/specifications [ ] fixed fee basis [ ] scope of services [ ] time basis not-to-exceed [ ] special conditions [ ] time basis-limitation of funds TIME FOR COMPLETION: The services to be provided by the CONTRACTOR shall commence upon execution of this Work Order by the parties Effective Date and shall be completed within of the Effective Date. Failure to meet the completion date may be grounds for Termination of the Agreement. Work Order Amount DOLLARS($ ) Reimbursable Expense Allowance: (If Applicable) $ City's Project Coordinator Contractor's Representative 15 MIAMIBEACH.. City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfi.gov DEPARTMENT OF PROCUREMENT MANAGEMENT INSURANCE REQUIREMENTS Tel: 305-673-7490,Fax:786-394-4010 "ATTACHMENT "B" INSURANCE REQUIREMENTS The Provider shall furnish to the Department of Procurement, City of Miami Beach, 1700 Convention Center Drive, 3rd Floor, Miami, Florida 33139, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440. B. Commercial General Liability Insurance on a comprehensive basis, including Personal Injury Liability, Products/Completed Operations, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. City of Miami Beach must be shown as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than"B"as to management,and no less than "Class V"as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City Risk Management Division. or The company must hold a valid Florida Certificate of Authority as shown in the latest"List of All Insurance Companies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. Certificates will indicate no modification or change in insurance shall be made without thirty(30) days in advance notice to the certificate holder. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE 3RD FLOOR MIAMI BEACAH, FL 33139 Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. (Please attach a copy of the insurance certificate) 16 Attachment "C" City's Living Wage Ordinance 17 Attachment "D" Request for Qualifications No. 41-11/12, Addendum No. 1 thereto, and Contractor's response to the Proposal. Applicable 18 Blue .Water Marine S Inc. REQUEST FOR QUALIFICATIONS RFQ NO. 41 -11 /12 FOR THE REMOVAL AND DISPOSAL OF DERELICT VESSELS RFQ Issuance Date: May 15, 2012 PROPSOSAL DUE DATE: June 5, 2012 at 3:00 P.M. o 14100 SW 256 tStreet STE14 Homestead, Florida 33032 Phone (305) 230-0030 Fax (305) 230 3090 tbsouthdade@earthlinkenet Introduction Letter Blue Water Marine Services, Inc., a South Florida business originally founded as South Dade Dockside in 1987, was created to provide marine related services and products to Dade, Broward, and Monroe County residents, businesses, and government agencies. Initial services included marine assistance towing and salvage, quickly expanding into derelict vessel removal and small tug and barge services for Biscayne National Park. As the demand for commercial assistance towing grew, the business secured a contract in 1998 to provide these services to members of the Boat Owners Association of the United States. That same year, BoatU.S. awarded TowBoatU.S. South Dade with their Smooth Sailing Award, in recognition of low customer complaints, commitment to 24/7 availability and an outstanding relationship with BoatU.S. This recognition propelled Blue Water Marine Services, Inc. commercial towing operation into one of the busiest BoatU.S. towing operators in the nation, handling well over one thousand cases a year. In addition of upholding BoatU.S. standards, TowBoatU.S. South Dade also joined C-PORT, the national trade association for the marine towing industry and was approved as ACAPT accredited. The ACAPT accreditation program requires the highest standards in the industry and is recognized throughout the marine industry, the U.S. Coast Guard, the boating public, the press, and major boating associations as a sign of marine assistance professionalism. A second Port of Operations was opened at Black Point Marina appropriately named TowBoatU.S. Black Point. In 2002, BoatU.S. awarded TowBoatU.S. with the prestigious Tower of the Year Award. This award is in recognition of outstanding professionalism, commitment to the betterment of the towing industry, contributions to the growth of the TowBoatU.S. program, and for diligent service on behalf of the nation's recreational boat owners. Today, Blue Water Marine Services, Inc. owns and operates a fleet of six custom built aluminum towing vessels along with a full time staff, available twenty fours hours a day, seven days a week, three hundred sixty five days a year. With a successful commercial assistance business established, Blue Water Marine Services, Inc. began to focus on diversifying operations with the addition of shallow draft tug and barge services. This unique market required specially designed equipment including pushboats, barges, and support vessels. An inventory of specialized heavy equipment including long reach excavators, demolition excavators, and cranes has allowed Blue Water Marine Services, Inc. to competitively compete in markets such as derelict vessel,removal, demolition, heavy salvage, and submarine cable installation. With an extensive resume of successful, cost effective operations completed, Blue Water Marine Services, Inc. has remained a consistent leader in these local markets. 1 The latest addition to Blue Water Marine Services, Inc. is a commercial diving division. As with all other services offered, there have been no compromises made to the level of professionalism offered to our clients. BWMS has been accepted as a member of The Association of Diving Contractors, a world wide organization created to ensure the highest standards in commercial diving operations. A dive operation that received national attention was the recovery of the Chalks aircraft in the Port of Miami, which tragically claimed the lives of all persons onboard. Blue Water Marine Services, Inc. was tasked with the responsibility of not only recovering the aircraft, but successfully locating the flight data recorder. Although a tragic and emotional operation, BWMS crews were honored and humbled to be asked to participate in the recovery operation. Blue Water Marine Services, Inc. is an established and diversified business, experienced not only in derelict vessel removal, but emergency salvage services. Contained within this package are examples of past projects that are similar in scope to what has been requested by the City of Miami Beach. All projects have been completed in a safe, efficient, and cost effect manner. We pride ourselves in the reputation we have developed with our past and current clients, and hope the City of Miami Beach allows us the opportunity to provide a solution to the derelict vessel and emergency salvage program. Respectfully Submitted, Todd Seeds Blue Water Marine Services, Inc. 2 r - I MIAMI-DADE COUNTY 2011 LOCAL BUSINESS TAX RECEIPT 2012 FIRST-CLASS r TAX COLLECTOR MIAMI-DADE COUNTY-STATE OF FLORIDA 140 W.FLAGLER ST. EXPIRES SEPT.30 2012 i U.S.POSTAGE 1st FLOOR MUST BE DISPLAYED AT PLACE OF BUSINESS PAID ' MIAMI,FL 33130 MIAMI,FL PURSUANT TO COUNTY CODE CHAPTER 8A-ART.9&10 PERMIT NO.231 t 406496-0 THIS IS NOT A BILL-DO NOT PAY RENEWAL BuWROPULCRAR4NE SERVICES INC RECEIPT NO. 424279-8 ! 14100 SW 256 ST 14 33032 UNIN DADE COUNTY I OWWOUEWATER MARINE SERVICES INC j Sec2Ttgectf1t% BUSINESS EMPLOYEE/S I I THIS ISONLY RE LOCAL NOT T A CONTRACTORS RECEIPT 5 j DOES NOT PERMIT THE HOLDER TO VIOLATE ANY EXISTING REGULATORY OR ZONING LAWS of THE DO NOT FORWARD COUNTY OR CRIES. NOR DOES IT HOLDER FROM ANYOHER BLUEWATER MARINE SERVICES INC REQUIRED BYRLAW.HIS IS COLE D MURRAY NOT A CERTIFICATION OF 14100 HE HOLDER SW 256 S T 14 S DuaLlFlca HOMESTEAD FL 33032 nods. PAYMENT RECEIVED MIAMI-DADE COUNTY TAX COLLECTOR:08/01/2011 60020000151 000075.00 �It�l!►t+���'�tt+t���►>����t��tttt�t`1 ttt�,�tttttt��t�tt,2 I� ilj 1 SEE OTHER SIDE -- - - FIRST-CLASS I MIAMI-DADE.COUNTY . 2011 LOCAL BUSINESS TAX RECEIPT 2012 ! U.S.POSTAGE ? TAX COLLECTOR MIAMI-DADE COUNTY-STATE OF FLORIDA i PAID 140 W.FLAGLER ST. EXPIRES SEPT.30,.2012 MIAMI,FL 1st FLOOR MUST BE DISPLAYED AT PLACE OF BUSINESS PERMIT NO.231 MIAMI,FL 33130 PURSUANT TO COUNTY CODE CHAPTER 8A-ART.9&10 THIS IS NOT A BILL-DO NOT PAY RENEWAL 518332-2 541758-9 RECEIPT NO. j BUSftgtoAjt�LCkARQ%E SERVICES INC 14 l 14100 SW 256 ST 33032 UNIN DADE COUNTY OWWROEWATER MARINE SERVICES INC EMPLOYEE/S Secilff%B SSOFFICE/OPERATION CTR 2 BUSINESS AX RECEIPT.IT DOES NOT PERMIT THE HOLDER TO VIOLATE ANY DO NOT FORWARD EXISTING REGULATORY OR ZONING OF T14E COUNTY ORWCITIES. NOR DOES IT EXEMPT THE HOLDER FROM ANY OTHER PERMIT OR LICENSE BLUEWATER MARINE SERVICES INC REQUIRED BY LAW.THIS IS COLE HURRAY PRESIDENT NOT A CERTIFICATION OF THE HOLDER'S OUALIFICA- 14100 SW 256 ST 14 TIONS. MIAMI FL 33032 PAYMENT RECEIVED MIAMI-DADE COUNTY TAX COLLECTOR:08/01/201 1 60020000150 000075.00 �t►��t,���,��,,tt.11.,,1►1�11t�t.�tltl�t,tl�,,,,,,11t1„12. t SEE OTHER SIDE ��i111/IRI�II�IRA111��� - f r Qualifications of Proposer / Associated Proposal Team Members / Management Team and Key Personnel Employee Position William Hicks Salvage Master/Diver/ Equipment Operator Andrew Avins Tug Captain/ Dive Supervisor/Rigger Todd Seeds Captain/Diver/Equipment Operator Carlos Galindo Captain/Diver/Rigger Ryan Hoover Captain/Diver/Rigger Kevin Hoover Captain/Diver/Rigger Brian Koontz Captain/ Diver/Rigger Henry Rabade Diver/Rigger Angela Tabraue Office Manager/ Logistics/Documentation The above chart represents the current staff that is utilized by Blue Water Marine Services, Inc. for derelict vessel removal and emergency salvage services. Key employee resumes have been included. 4 CONTACT INFO Captain Todd Seeds 1721 North Goldeneye lane Homestead, Florida 33035 RESUME Resume ID: Resume Headline: Director, Blue Water Marine Services, Inc. OBJECTIVE : Administrative and contract operations EXPERIENCE: 97—Present Blue Water Marine Services, Inc., Homestead, FL Industry: Commercial Marine Assistance DIRECTOR Oversees Fleet Manager of five(5) commercial assistance towboats. Responsibilities include working daily with Office Manager on payables and receivables, preparing bids and quotations, and payroll and insurance issues. 94-97 Biscayne National Underwater Tours, Inc., Homestead, FL Industry: Marine Tourism DIVE ISTRUCTOR Duties included supervising diving and snorkeling operations, maintenance and repair of two concession tour boats. . 92-94 Snapper Creek Marina Miami, FL Industry: Marina DOCKMASTER ASSISTANT Responsible for general marina operations, including slip assignments, fueling and product sales, and facility maintenance. 5 EDUCATION: Ridgewood High School, Ridgewood, NJ Graduated 1991 Ramapo College, Ramapo, New Jersey 1992-93 Divers Unlimited Graduated 1994 PADI Master Scuba Trainer Instructor Certifications for: Wreck Diving Deep Diving Night Diving Search and Recovery Diving Underwater Naturalist Underwater Photography Equipment Specialist Divers Unlimited Resort Training Specialist U.S. Divers Equipment Repair Technician Divers Alert Network Oxygen Instructor PADI Oxygen Instructor PADI First Aid Instructor Currently holds a 50 Ton Master License INTERESTS Fly and light tackle fishing, Scuba diving 6 CONTACT INFO Captain Andrew Avins 18424 SW 88 Court Miami, Florida, 33157 RESUME Resume ID: Resume Headline: Director, Blue Water Marine Services, Inc. OBJECTIVE : Fleet Operations of Blue Water Marine Services, Inc EXPERIENCE: 11/95 —Present Blue Water Marine Services, Inc. Homestead, FL Industry: Marine Services DIRECTOR Oversee operations of Marine Services. Operation of tug, barge, and heavy equipment. Supervise the care and maintenance of large fleet of vessels and equipment. 8/90— 11105 Dixie Marine, Inc. Miami, FL Industry: Marine Repair MARINE TECHINICIAN Responsibilities included vast boat repair, boat water testing, electrical installations, electrical trouble shooting, rebuilding engines, out drives, gear cases, lower units, rigging, etc. All phases of marine mechanics. 12/88 — 8/90 Club Nautico Corporation Miami, FL Industry: Boat Rental FLEET MECHANIC Responsibilities included test running boats, boat towing, boat repair and supervising the care and maintenance of two (2) dealership boat fleets (Approximately 15 boats). 1/80-12/88 Mega Marketing Co. Miami, FL Industry: Import and Export WAREHOUSE MANAGER Managed and organized all warehouse operations, production, and facility of this import/ export company. Operated heavy machinery, customer contact, Supervisory responsibilities. 7 1972- 1/80 I.H.O.P. Perrine, Homestead, FL Industry: Restaurant MANAGER Worked in Family owned restaurant business starting from Dishwasher to Manager until business franchise was sold. EDUCATION: Miami Palmetto Sr. High School, Miami—Graduated 1977 Robert Morgan Vocational Technical Institute Certificate of Marine Mechanics 1987-1989 OMC Corporation: Semi Annual Factory Service Seminars from 1991-1995 OMC Corporation Factory Service Training Center, Sunrise FL Certificate of Completion in Stern Drive System Servicing. Currently holds a 100 Ton Master of Towing License and 100 Ton Master of Near Coastal Vessels 8 CONTACT INFO Captain William Hicks 1675 South Goldeneye Lane Homestead, Florida 33035 RESUME Resume ID: Resume Headline: Director, Blue Water Marine Services, Inc. OBJECTIVE : Contract operations EXPERIENCE: 96—Present Blue Water Marine Services, Inc., Homestead, FL Industry: Commercial Marine Assistance DIRECTOR Oversees and coordinates all bids and contracts. Salvage Master on many private and government salvages. Tow Captain and Dive Master. 94-96 Hooters Subic Bay and Subic Bay Aqua Sports, Philippines Industry: Tourism OWNER Handled day to day operations in restaurant and nightclub, ordering stock, and managing employees. Provided jet skis, parasailing, fishing and dive trips for tourists visiting Subic Bay Duty Free Zone. 87-94 South Dade Dockside Services, Inc. Homestead, FL Industry: Marine Services OWNER Provided marine towing and salvage services in Biscayne Bay and Upper Keys. Was a vender for local, state, and federal governments based out of Homestead Bayfront Park. 78-87 United States Marine Corps Held many positions, basic rifleman, sniper, marksmanship instructor, and explosives ordinance disposal tech. Specialist in defusing all types of explosives, including foreign and domestic nuclear weapons, bombs, missiles, rockets, projectiles, mines, and I.E.D.s. Trained and directed over twenty teams in Solomon Islands, Korea, Philippines, and numerous South Pacific islands, filling a billet traditionally reserved for an officer. Earned all promotions meritorious. 9 r Speaks passable Tagalag and Korean. Self motivated, effective supervisor, assertive, patient in interpersonal and professional relationships. EDUCATION Killian High School, Miami Florida 1974-1976 Miami Southridge High 1976-1977 National University, Vista California 1982 Computer Science Business Management Palomar College, San Marcos California 1982 Basic Ground School (48) Service Schools, USMC 1978-1987 Currently holds a 100 Ton Master of Towing License. 10 Past Performance Information Removal of(2) Derelict Barges In April and May 2009, BWMS successfully removed and disposed of two abandon steel barges,both over 120' in length, located in Marine Stadium, Key Biscayne. Both barges were salvaged, relocated to a designated section of shoreline, and encompassed with turbidity curtain for demolition by land based equipment. Approximately 500 tons of steel was recycled between the two barges. Services were generated by PBS&J as a State of Florida contract and the project was overseen by PBS&J, DERM, and Florida Fish & Wildlife Conservation Commission. The barges were removed ahead of schedule and within budget. The work sites were thoroughly cleaned to DERM and City of Miami's approval. In February 2009, BWMS completed a Miami-Dade Derelict Vessel Removal Project in Card Sound. The project yielded twelve abandoned vessels removed from mangrove shorelines and grass flats. The project was overseen by DERM and Florida Fish & Wildlife Conservation Commission and was completed ahead of schedule and within budget. In December 2008, BWMS completed a Miami-Dade County Marine Debris Removal Project. BWMS provided marine services for the removal of structures, debris, and materials from in, on, over and upon the water and from the wetland areas along Card Sound Road in southern Dade County. Shorelines were cleared of docks, building structures, and restored to a natural state. All work was under the direct supervision of DERM. The project was completed on schedule and within budget. The client who administered this project is: John Ricisak, DERM Coastal Resource Section (305) 372-6567 11 Removal of(3) Sunken Sailing Vessels at the Port of Miami In the aftermath of Hurricane Wilma, Blue Water marine Services, Inc. was contracted on an emergency basis for the removal of three sunken sailing vessels. These three sailing vessels had been driven by hurricane force winds into the bulkhead on the south side of Dodge Island, and as a result, sank in approximately 35-40 feet of water. To make matters worse, these vessels had sunk underneath the gantry cranes used to unload cargo. A large portion of the Port had been crippled, and Blue Water Marine Services, Inc. was requested to mobilize crews and equipment on an emergency basis to remove these vessels. Within 36 hours, all necessary equipment to conduct emergency salvage operations was on scene. Surface supplied divers, working under zero visibility conditions, rigged the vessels for removal by crane. One vessel that proved particularly challenging was the ketch Daniel, a 65' steel hull with a dry weight of over 90 tons. Through our network of cooperating associates, Blue Water Marine Services, Inc, acquired a 225 ton crane barge. Custom straps and rigging were fabricated overnight and the vessel was re floated in two days. The second 45' vessel was rigged and refloated by crane and hauled off by barge the following day and the third was re floated with air bags and demolished by barge mounted excavator on site. Once these vessels were successfully removed, the sea bottom was inspected for further hazards to navigation, and the Port of Miami was reopened to commercial commerce. The two vessels were later demolished off site. This operation for the Port was considered a success, with minimal disruption to cargo traffic. The client who administered this contract is: Port of Miami - Seaport Engineering 1015 North America Way Suite 210 Miami, Florida 33132 The contact person for this project is: Juan Bergouigan Phone (305) 347-4974 This contract was conducted on October 29, 2005 through November 2, 2005 12 City of Miami—Derelict Vessel Removal and Disposal Services Blue Water Marine Services Inc. has been actively involved as a contractor for marine service related projects with the City of Miami. Such projects include removal of derelict vessels from the Dinner Key Anchorage along with debris removal from surrounding spoil islands. Work has consisted of removal of such derelict vessels and debris by barge mounted heavy equipment and dumpsters. Crews in workboats assisted in staging spoil island debris in centralized locations for barge removal. Once loaded, the City ramps were utilized to on and off load dumpsters. Blue Water Marine Services, Inc. pioneered this method of barge mounted dumpsters, allowing crews and equipment to handle derelict vessels and debris only once, creating a cost effective solution to removing numerous vessels at one time without the disruption of downloading operations. Depending on the type of material, our demolition excavator is capable of loading several hundred feet of derelict vessels into two thirty yard containers. These projects have been administered by a Miami-Dade County blanket purchase order for Marine Services, Equipment, and Rental. The client who administered this project is: Department of Public Facilities/Mia marina at Bayside Division Contact Administrator: Stephen Bogner Phone (305) 579-6970 Fax (305) 579-6957 City officials including the Mayor personally visited Dinner Key to observe the efficiency and productivity of the operation which was deemed a success. 13 Submarine Cable Replacement on the Miami River After completing a six bridge contract for the State of Florida, Blue Water Marine Services, Inc. was contracted for submarine cable replacement on three County operated bridges on the Miami River. Blue Water.Marine Services, Inc. handled all water borne operations. Trenches were excavated deep enough to allow a dredge to safely remove sediment from the channel without damaging the cables. Once the cable trenches were complete, Blue Water Marine Services, Inc. surface supplied divers lined the trenches with an aggregate bed to support the cables. The cables were pulled across the channel and then covered with aggregate. Once the installations were surveyed and approved by the County, Blue Water Marine Services, Inc. assisted Florida Drawbridge, Inc. in securing the cables to each side of the bridge. The cables were then terminated and services were transferred to the new cables and tested. With all work approved, the existing cables were removed and disposed of. The client who administered this contract is: Miami-Dade Public Works, Roads and Bridges Division 111 NW 1St Street Suite 1610 Miami, Florida 33128-1970 The contact person for this contract is: PCL Civil Constructors, Inc. Carl Aiduck, Jr. Phone (954) 610-5970 The contract was conducted 5/2005 through 1/2006. 14 Salvage of S/V Solitude Blue Water Marine Services, Inc. completed the successful salvage of the S/V Solitude, a 45' sailing catamaran which was driven by the Hurricane Wilma storm surge into Kennedy Park, north of Monty's Marina in Coconut Grove. The original salvage contract was awarded shortly after the Hurricane to a local salvor. After S/V Solitude sat atop the rip rap for close to three months, the insurer of the vessel contacted Blue Water Marine Services, Inc. and requested an on site inspection and alternative salvage plan. Due to public safety and environmental concerns, Blue Water Marine Services, Inc. met on site with representatives of the insurer, City of Miami, and DERM to discuss the vessels situation. A salvage proposal was submitted by Blue Water Marine Services, Inc. and was approved by all parties that minimized any further damage to the vessel and surrounding environmental resources. The position in which S/V Solitude sat presented a challenge. Access from land was restricted by underground utilities, preventing a large enough crane from placing her in the water. From the water, a shallow grass flat surrounded the vessel, preventing a large barge mounted crane from approaching. Through Blue Water Marine Services, Inc network of cooperating associates, a shallow draft crane barge was located and mobilized. Working during high tide, the crane barge was nosed against the rip rap, a second deck barge was secured alongside, and the tide was allowed to fall out from beneath the barges provided a secure work platform. Custom straps and rigging were fabricated to fit the configuration of the catamarans hull, and the vessel was lifted and placed on the empty deck barge. On the following high tide, all equipment was moved out to deep water. With S/V Solitude on the deck, an air draft measurement was taken, confirming that travel to the shipyard in Ft, Lauderdale via the Intercoastal Waterway was not possible due to fixed bridges. The surveyor was presented with the option of stepping the mast and associated rigging or extensive patching to the hull bottom. The latter was chosen, and a fiberglass crew spent over a week repairing the bottom, and she was placed back in the water, fitted with additional de-watering pumps for the tow to Ft. Lauderdale. The BoatU.S. provider from Ft. Lauderdale was sub contracted for the tow and she was safely delivered to the shipyard the following day. The client who administered this project is: Doug Wager & Associates Doug Wager Phone (850) 492-3315 This contract was conducted March 2006. 15 Capabilities Blue Water Marine Services, Inc. maintains an inventory of the following equipment. (*)(**) Vessels South Dade Towboat Black Point Towboat 30'x9' Silverships, Inc. 1994 30'x9' Silverships, Inc. 2000 Type: Towboat Type: Towboat Material: Aluminum Material: Aluminum (1) 315hp Cummins (1) 300hp John Deere Homestead Towboat Broad Key Towboat 30'x9' Silverships, Inc. 1998 25'x9' Metal Shark 2006 Type: Towboat Type: Tow/Response Material: Aluminum Material: Aluminum (1) 250 Detroit (2) 150hp Mercury Elliott Key Towboat Bonka Boat 28'8'6" Silverships, Inc. 2001 26'x8' Baykat 1990 Type: Tow/Response Type: Tender Material: Aluminum Material: Aluminum (2) 225hp Mercury (1) 100hp Yamaha Sea Ark Sea Ark 24'x8' SeaArk 2003 20'x8' SeaArk 2004 Type: Tender Type: Tender Material: Aluminum Material: Aluminum (1) 11 5h Yamaha (1) 40hp Yamaha Big Joe Diablo 25'x12' Madison 1998 25'x12' Progressive,2003 Type: Pushboat Type: Pushboat Material: Steel Material: Steel (1) 23 Shp Detroit (1) 225hp John Deere Sands Key Towboat 31'x10 Silverships, Inc. 1997 Type: Tow/Response (2) 225hp Yamaha 16 Barges B WM 4 B WM Lift Boat 60'x25'x5' Progressive 2009 25'x10' Custom 2008 Type: Deck barge w/30' spuds Type: Catamaran w/ spuds Material: Steel Material: Fiberglass/ Aluminum 2 ton pedestal mounted hydraulic crane BWM2 BWM1 45'x16'x4' 30'x15'x4' Type: Deck barge w/30' spuds Type: Deck Barge Material: Steel Material: Aluminum Heavy Equipment Komatsu 220LC3 Type: Tracked excavator w/demolition grapple and GP bucket Kobelco 220LC6 Type: Tracked excavator w/ 70 long reach and GP bucket Link-Belt HSP822 Type: 22 ton rough terrain crane w/ 91' main and 15'jib * Additional, specialized, or job specific equipment is available upon request. ** Most equipment may be viewed at Blue Water Marine Services website bluewatermarineservices.com. 17 Dive Equipment Full diesel compressor surface supply(hardhat) for(2) divers w/tandem axle trailer. Full bottled surface supply(band mask and standard reg) per towboat. Full gasoline compressor surface supply(band mask and standard reg) for(2) divers. Full SCUBA Assorted 150,OOOlbs. Sub Salve lift bags in stock All associated tackle Air compressors, gasoline Generators, gasoline and diesel Welding equipment, ARC, MIG, TIG Cutting equipment, gas Hydraulic Power pack w/ full underwater tool assortment Broco underwater torch Forklift, 30001bs cap. 600' Hard containment curtain Absorbent boom, pallet in stock and on all vessels Absorbent pads, pallet in stock and on all vessels Full fabrication facilities 1) Blue Water Marine Services, Inc. has actively participated in derelict vessel removal and emergency towing and salvage for eighteen years. 2) Blue Water Marine Services, Inc. are currently contracted by BoatU.S. to provide towing and salvage services and are current venders for Miami-Dade, Monroe County, and the Federal Government for derelict vessel removal. 3) Order requests may be faxed to (305) 230-3090. Email may be send to tbsouthdade @earthlink.net. 18 Methodology and Approach The removal of derelict vessels and marine debris must be approached on a case by case basis. In order to complete projects in a timely and cost effective manner, a diverse inventory of equipment must be readily available. Vessels that are afloat may simply be dewatered if necessary and towed to a boat ramp for removal. Vessels that are submerged may have to have contaminants removed and refloated utilizing diver rigged air bags or crane. Many times vessels no longer have the structural integrity to be removed in whole and must be demolished on site. All of these methods including various combinations are at the disposal of Blue Water Marine Services, Inc. Regardless of equipment and personnel capabilities, each project requires the following factors to be taken into account: 1) Onboard contaminants are frequently found on all vessels. Hazardous materials may include petroleum products, paint products, biohazardous materials including hypodermic needles and human waste, and bottled gases such as propane. Solutions to handling these contaminants include the use of containment curtain, absorbent boom and pads, heavy duty disposal bags, and containment barrels on scene. All vessels to be removed should receive a visual inspection prior to any removal/salvage operation. Staff shall be certified as first responders. Personal protective gear(chemical gloves and barrier suits shall be stocked. 2) Environmental Resource damage is a concern with almost every project. Sea grass and mangroves are found throughout the area. Many times environmental resource damage has already occurred. A responsible contractor shall consider how a vessel can be removed with little or no further damage to the environment. BWMS, Inc. has extensive experience in working on environmentally sensitive projects while under the supervision of DERM. 3) Accessibility to many vessels after hurricanes can prove to be a challenge. Many vessels end up on private property, and it is necessary to contact property owners of the situation, understand their concerns, and make sure they understand their property will be treated with the utmost respect during the removal process. Storm surge also places vessels in situations where there is limited access from deep water. Many times work can only take place on high tide cycles, and this scheduling must be factored into the salvage plan. Equipment shall be designed for extreme shallow draft operations. 19 4) Crew safety shall be a priority. Every employee is issued a Safety Procedure Manual. The manual is updated as needed, and formal safety meetings are held regularly. Hard hats, work vests, and steel toed footwear are mandatory while. working on our barges. The Deck Boss is responsible for determining and eliminating risks on deck during operations. Diving operations require additional attention to safety procedures. On site safety meetings are held prior to operations and written documentation including a Job Hazard Analysis shall be the responsibility of the Dive Supervisor. 5) The type of material a vessel is constructed of may dictate how a vessel is to be removed and what overall costs will be. An on site inspection of each vessel prior to submitting a quotation will enable all parties to understand what will be involved to successfully complete the project on time and within budget. 6) The Size of a vessel may dictate overall cost and the amount of time it will take to be removed. Vessels larger than what is normally encountered may require specialized equipment that must be subcontracted or ordered to spec. These factors will dictate overall time to complete and expenses involved. Our solution to the need for specialized equipment is the existing relationships we have within the marine community. We have a portfolio of specialized equipment on file including point of contacts, location of equipment, and a history of rates. Our company only works with contractors upholding the same standards for crew, equipment, and work ethics. This quality of networking has proven itself during the hurricane seasons of 2005-2006. 7) Disposal availability is a factor that must be considered after hurricane clean up has commenced. A high demand for dumpsters and trucking is to be expected. Advance notice to carting companies has improved scheduling and expedites removal operations. 8) The depth of water dictates how a vessel may be removed. Vessels in deeper water may require surface supplied divers rather than SCUBA, or a barge mounted crane rather than lift bags. These are factors that need to be addressed prior to a quotation. We maintain a full inventory of equipment to handle these decisions and will determine the most cost effective solution. 20 From past experience, we have determined the most cost effective manner in which municipalities schedule their derelict vessel programs is by grouping vessels together in packages rather than individually. The personnel and equipment mobilization necessary for this type of operation is time consuming and costly. With numerous vessels being packaged as a single project, we are capable of diluting mobilization and scheduling expenses, providing a more cost effective solution to the City of Miami Beach. Another cost effective strategy to be considered is what other types of marine services can be provided with the same equipment and personnel while it is working in the area. A submerged tree that has created a hazard to boaters or a dock that has collapsed can be removed while the equipment is in the area. These similar projects in conjunction with derelict vessel removal and emergency salvage can be completed at extremely competitive prices, especially in post hurricane situations. A Risk Assessment Plan, or Job Hazard Analysis as known to our crews, is a crucial element for a safe, efficient, cost effective operation. This plan ensures a consistent approach to each project encountered. Each derelict vessel removal and salvage pp p J operation contains its own set of risks, and it is not an operation to be considered routine. The Risk Assessment Plan already utilized by our company shows our commitment to providing clients with a quality operation that they can count on every time. 21 Blue W W madife Sffd;N, Ines ADC oo,,A . TOWIe'a .o,�•South Dada References 1. Richard Jones Marine Resources Office Monroe County 2798 Overseas Highway Suite #420 Marathon FL 33050 Tel: 305-289-2805 FAX: 305-289-2536 Jones-RichANonroeCounty-FL.Gov 2. John Ricisak, Supervisor Coastal Resources Section - Compliance/ Enforcement Department of Environmental Resources Management Miami-Dade County 701 NW 1 st Court, 6th Floor Miami, Florida 33136 Ph. (305) 372-6581 Fax: (305) 372-6479 ricisj(d,miamidade.goy 3. Stephen H. Bogner City of Miami- Dinner Key Marina 3400 Pan American Drive Miami, Florida 33133 Ph. (305) 579-6980 Fax: (305)-579-6952 sbogner(a-,ci.miami.fl.us 22 4. Glen Larson Dock & Marine Construction, Inc. 752 N.E. 79 Street Miami, FL 33138 Ph: (305)-751-9911 Fax: (305)-751-4825 Email: Alarson(cD-dockandmarine.net www.dockandmarine.net 5. Todd Landers BoatU.S.Towing 880 S. Pickett St. Alexandria, VA 22304 Ph: (800) 888-4869 Ext. 3029 Fax: (703) 461-4668 Email: TLanders(aD-BoatUS.com 6. Carlos Palomino MasTec North America, Inc. Utility Services Group 10441 S.W. 187 Street Miami, FL 33157 Ph: (305)-232-3484 Fax: (305)-232-3902 Email: carlos.palomino(cD-mastec.com 23 AMA/01BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miumibeachfi.gov PROCUREMENT DIVISION Tel:305.673.7490 ,Fax:786.394.4006 PERFORMANCE EVALUATION SURVEY Company Name: n uk wnitT ua ci ale see U ok is ErC. Point of Contact: Phone and e-mail: Please evaluate the performance of the company (10 means you are very satisfied and have no questions about hiring them again, and 1 is if you would never hire them again because of very poor performance). If you don't know, please leave blank. poor performance). Please leave blank if you don't know. NO. CRITERIA UNIT 1 Ability to maintain courteous and professional service 1-10 10 Communication, resolution of discrepancies, responsiveness 2 of personnel servicing the account [to include availability of (1-10) designated contact person(s)] 10 3 Responsiveness to prioribes for service 1-10 10 4 Ability to provide requested services within the designated (1-10) timeframe 10 5 Cost of services provided (1-10) 10 Lg Experience level and credentials of assigned staff (1-10) 10 7 Overall customer satisfaction and hiring again based on erformance comfort level in hirin this firma ain 1-10 10 OVERALL COMMENTS They have always provided BoatU.S . with excellent service. Agency Providing Referral. BoatU.S. Towing Department Contact Name: Todd Lan ers Contact Phone and e-mail: 703-461-2 878 Ext. 3 02 9 TLanders @BoatUS .Com Date of Services: Dollar Amount for Services: Thank you for your time and effort. Please return this form to Pamela Leja-Katsaris by June 5, 2012,via fax at 786.394.4006 or via e-mail at PamelaLeia(�miamibeachfl.gov. 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 34 of 34 I I. i MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive,Miami 8eacli, Florida 33139,www.miamibeaclifl.gov PROCUREMENT DIVISION Tel:305.673.7490 ,Fax:786.394.4006 i PERFORMANCE EVALUATION SURVEY Company Name: 1 JCS lam)G,t'e� r\o" IN &4l fl1 C� .1�1 C. - Point of Contact: �j �`� Pj Phone and e-mail: (30 5Y 23 G G Q C�- � 5 o��'h � P �-� �' k-'° 1e-' Please evaluate the performance of the company (10 means you are very satisfied and have no questions about hiring them again, and 1 is if you would never hire them again because of very poor performance). If you don't know, please leave blank. poor performance). Please leave blank if you don't know. NO. CRITERIA UNIT 1 Ability to maintain courteous and rp ofessional service Communication, resolution of discrepancies, responsiveness 2 of personnel servicing the account [to include availability of (1-10 j designated contact pers on(s)] 3 Responsiveness to priorities for service 1-10 I Ability to provide requested services within the designated (1-10) 4 timeframe _ 5 Cost of services provided (1-10) g Experience level and credentials of assigned staff (1-10) O 7 Overall customer satisfaction and hiring again based on erformance comfort level in hiring this firmagain) 1-10 d ! OVERALL COMMENTS j_v t 'i_C( CSS Soo. I 4 Agency Providing Referral: Contact Name: Contact Phone and e-mail: 9 - 1no c�c( J''�'c..a�`��•� •Cam►'` i Date of Services: e.S Dollar Amount for Services: - I Thank you for your time and effort. Please return tliis form to Pamela Leja-Katsaris by June 5, 2012, via fax at 786.394.4006 or via e-mail at PamelaLeja@miamibeachfi.gov. i I 5/15/2012 RFQ No:41-11/12 City of Miami Beach Rernoval&Disposal Derelict Vessels 34 of 34 MIAMI BEACH City of Miami Beach,1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibecchf.gov PROCUREMENT DIVISION Tel:305.673.7490 ,Fax:786.394.4006 PERFORMANCE EVALUATION SURVEY Company Name: L& Wore na u I`V t ri S_ rXY Point of Contact: kl o l i , 4�Ic Ls Phone and a-mail: ��'2,N)-00J Please evaluate the performance of the company(10 means you are very satisfied and have no questions about hiring them again, and 1 is if you would never hire them again because of very poor performance). If you don't know,please leave blank. poor performance). Please leave blank if you don't know. NO. CRITERIA UNIT 1 Ability to maintain courteous and professional service 1-10 v Communication, resolution of discrepancies, responsiveness 2 of personnel servicing the account go include availability of (1-10) designated contact person(s)] k v 3 Res onsiveness to priorities for service 1-10 4 Ability to provide requested services within the designated (1-10) timeframe l a 5 Cost of services provided (1-10) ( o g Experience level and credentials of assigned staff (1-10) t b 7 Overall customer satisfaction and hiring again based on t O performance comfort level in hiring this firm again) 1-10 OVERALL COMMENTS elyy s I Agency Providing Referral: era Contact Name: o Contact Phone and e-mail: 5W Date of Services: Dollar Amount for Services: Y Thank you for your time and effort Please return this form to Pamela Lela-Katsaris by June 5, 2012,via fax at 786.394.4006 or via e-mail at PamelaLeiaCaamiamibeachfl.00v. I f 61152012 City of Miami Beach RFQ No:41-11112 Removal 8 Disposal Derelict Vessels 34 of 34 r i AAAMIBEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305.673.7490 ,Fax:786.394.4006 To: Phone: Fax: E-mail: Subject: Performance Evaluation of 6LU .wN+i-E�fZ ml RY4'1a_ Number of pages including cover: 2 To Whom It May Concern: The City of Miami Beach (City) has implemented a process that collects past performance information pursuant to the submittal of responses to Request for Proposals (RFQ). The information you provide will be used to assist the City in the evaluation of Proposals received in response to RFQ No. 41-11/12 for the Removal and Disposal of Derelict Vessels. The company listed in the subject line has chosen to submit a Proposal in response to this RFQ. It has listed you as a past client for which it has provided services. Both the company and City would greatly appreciate you taking a few minutes of your time to complete the accompanying Performance Evaluation Survey. Please review all items in the following Survey, and answer the questions to the best of your knowledge. If you cannot answer a particular question, please leave it blank. Please return the completed Survey to Pamela Leja-Katsaris, Sr. Procurement Specialist, on or before June 5, 2012, via fax: 786.394.4006, or e-mail PamelaLeia@miamibeachfl.gov. Thank you for your time and effort. Raul J. Aguila Chief Deputy City Attorney (for Procurement Division) 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 33 of 34 I f i I MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miomibeachfl.gov PROCUREMENT DIVISION Tel. 305.673.7490 ,Fax:786.394.4006 PERFORMANCE EVALUATION SURVEY i Company Name: Point of Contact: Phone and e-mail: C',X0`7 1 ! AC-SA i Yl A e, Please evaluate the performance of the company (10 means you are very satisfied and have no questions about hiring them again, and 1 is if you would never hire them again because of very poor performance). If you don't know, please leave blank. poor performance). Please leave blank if you don't know. NO. CRITERIA UNIT 1 Ability to maintain courteous and professional service 1-10 1.0 Communication, resolution of discrepancies, responsiveness 2 of personnel servicing the account [to include availability of (1-10) designated contact person(s)] 1 t✓ 3 Responsiveness to priorities for service 1-10 i G 4 Ability to provide requested services within the designated (1-10) timeframe I v 5 Cost of services provided (1-10) ' 1 g Experience level and credentials of assigned staff (1-10) iu 7 Overall customer satisfaction and hiring again based on performance comfort level in hiring this firmagain) 1-10 i b OVERALL COMMENTS HAyE_ 1�;r;��.i���_j,� a -,n4f.A A.s A TFAY) 'To 1�P_("pol: .-1 I2s?Zy A 3Z) =D_1�Xc_.rr_ MU= �J c ANY Agency Providing Referral: Cc:._.k. A-MD t i.4a:ToF_ Co Contact Name: G LG►L! iA2C�6 v Contact Phone and e-mail: ,o T - -�i Date of Services: t q �-)U i't'�> ►.�ti Dollar Amount for Services: � 7 CnC�c Thank you for your time and effort. Please return this form to Pamela Leja-Katsaris by June 5, 2012, via fax at 786.394.4006 or via e-mail at PamelaLeia@miamibeachfl.gov. i 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 34 of 34 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov PROCUREMENT DIVISION Tel:305.673.7490 ,Fax:786.394.4006 PERFORMANCE EVALUATION SURVEY Company Name: 46TE M.A. I Point of Contact: �40 gl alb Phone and e-mail: -96-2. 0ti41 MC �S�Z-",G •e D Please evaluate the performance of the company (10 means you are very satisfied and have no questions about hiring them again, and 1 is if you would never hire them again because of very poor performance). If you don't know,please leave blank. poor performance). Please leave blank if you don't know. l NO. CRITERIA UNIT 1 Ability to maintain courteous and professional service 1-10 a Communication, resolution of discrepancies, responsiveness 2 of personnel servicing the account [to include availability of (1-10) designated contact person(s)] 10 3 Responsiveness to priorities for service 1-10 l 4 Ability to provide requested services within the designated (1-10) timeframe 5 Cost of services provided (1-10) 6 Experience level and credentials of assigned staff (1-10) l 7 Overall customer satisfaction and hiring again based on performance comfort level in hiring this firmagain) 1-10 OVERALL COMMENTS I t Agency Providing Re ral: Contact Name: r;I-PrY.:1�n �th)�kk I W�) Contact Phone and a-mail: ro -I A{' OMLkO • Date of Services: - Dollar Amount for Services. E Thank you for your#ime and effort. Please return this form to Pamela Leja-Katsaris by June 5,2012, via fax at 786.394.4006 or via e-mail.at PamelaLeiaCcDmiamibeachfl.gov. l I 5/15/2012 City of Miami Beach RFQ No:41-11!12 Removal&Disposal Derelict Vessels 34 of 34 National Bank of South Florida June 1, 2012 Blue Water Marine Services Inc. 14100 SW 256 St Ste 14 Princeton, FL 33032 To Whom It May Concern: Please be advised that Blue Water Marine Services Inc. has been with the 1St National Bank of South Florida since December, 1994. They have a total of 5 active account(s) with our bank. They have maintained these accounts in good standing. If you have any further questions please feel free to contact me at 305-224-5140. Sincerely, Maria Quigley Assistant Branch Operations Admin. Princeton Branch P.O.Box 128 (305)247-5541 Homestead,FL 33090-0128 Proudly Serving South Florida Since 1932 www.Istnatbank.com a w-ww.sunbiz.org - Department of State Page 1 of 2 IFLORI DADEPARTMENT OF DIVISION OF CGRPORATIONS r3y�; a Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next on List Return To List Entity Name Search No Events No Name History Submit Detail by Entity Name Florida Profit Corporation BLUE WATER MARINE SERVICES, INC. Filing Information Document Number P94000084675 FEI/EIN Number 650535505 Date Filed 11/21/1994 State FL Status ACTIVE Principal Address 14100 SW 256TH STREET STE 14 HOMESTEAD FL 33032 Changed 01/0712004 Mailing Address 14100 SW 256TH STREET STE 14 HOMESTEAD FL 33032 Changed 01107/2004 Registered Agent Name &Address SEEDS,TODD A 14100 SW 256 STREET STE 14 HOMESTEAD FL 33032 Name Changed:03/21/2006 Address Changed:0312112006 Officer/Director Detail Name&Address Title D AVINS,ANDY 14100 SW 256TH STREET STE 14 HOMESTEAD FL 33032 Title D SEEDS,TODD 14100 SW 256TH STREET STE 14 HOMESTEAD FL 33032 http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inq_doc_numbei=P9400008467... 6/1/2012 www.sunbiz.org - Department of State Page 2 of 2 Title D HICKS,BILL 14100 SW 256TH STREET STE 14 HOMESTEAD FL 33032 Annual Reports Report Year Filed Date 2010 02/18/2010 2011 04/20/2011 2012 05/11/2012 Document Irna�es 05/11/2012--ANNUAL REPORT View image in PDF format 04/20/2011 —ANNUAL REPORT View image in PDF format 02/18/2010--ANNUAL REPORT View image in PDF format 05/19/2009--ANNUAL REPORT View image in PDF format 01/09/2008--ANNUAL REPORT View image in PDF format 07/11/2007--ANNUAL REPORT View image in PDF format 03/21/2006--ANNUAL REPORT f View image in PDF format 01/20/2005—ANNUAL REPORT View image in PDF format 01/07/2004--ANNUAL REPORT View image in PDF format 01/21/2003—ANNUAL REPORT View image in PDF format 03/19/2002—ANNUAL REPORT View image in PDF format 01/31/2001 --ANNUAL REPORT View image in PDF format 02/16/2000--ANNUAL REPORT View image in PDF format 02/24/1999--ANNUAL REPORT View image in PDF format 02/09/1998--ANNUAL REPORT View image in PDF format 08/21/1997--ANNUAL REPORT View image in PDF format 02/19/1996--ANNUAL REPORT View image in PDF for Note:This is not official record.See documents if question or conflict. Previous on List Next on List Return To List Entity Name Search No Events No Name History Submit ( Home i Contact us i Document Searches ► E--Filinq Services i Forms Help Copyright^and Privacy Policies State of Florida,Department of State http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inq_doc_number=P9400008467... 6/1/2012 i filiff Watff U6940A Sffdpgff 111A ADCs AM1` n.��-:®uth Evade May 31, 2012 To Whom It May Concern, This letter is to advise that a workmen's compensation policy provides coverage for employees on dry land. It provides no protection for employees working on marine equipment on inland or near coastal waters surrounding the State of Florida. Therefore, Blue Water Marine Services, Inc. holds a Jones Act policy,which is included in the Certificate of Liability Insurance and located under Special Provisions. This policy provides employee coverage out to and including international waters. A revised certificate specifically listing Jones Act has been attached. Should you need any further information, please feel free to call our office. Respectfully Submitted, CN6&f(ij- 7CC ' Angela Tabraue Blue Water Marine Services, In Office#: 305.230.0030 Fax#: 305.230.3090 Office#: 305.257.3232 Fax M 305.257.3207 tbsouthdade(aD-earth link.net www.bluewatermarineservices.com ACAPT C-Port ADC Client#:9682 BLUEWAT ACORD. CERTIFICATE OF LIABILITY INSURANCE DAV21/ 01"I 'n 12/21/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER- IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER =A cT Linda J.Wagner Starkweather&Shepley PHONE Eric,401-596-2212 FAX A/C No): °401-431 9661 Insurance,Inc. E-MAIL Iwagner@starshep.com PO Box 549 INSURER(S) AFFORDING COVERAGE NAIC 0 Providence,RI 02901-0549 INSURER A:St.Paul Fire&Marine INSURED INSURER B: Blue Water Marine Services,Inc INSURER c 14100 South West 256th Street,Ste 14 INSURER 0: Homestead,FL 33032 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 CONTRACTOR 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. INSR TYPE OF INSURANCE O UB POLICY EFF POLICY EXP LIMITS LTR INSR POLICY NUMBER M/DD MMIDD A GENERAL L1ABI[LfrY OH06900651 2/20/2011 12120/201 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES EaE�ence $50 000 CL MAS- E FX OCCUR MED ExP(Any one n) $52000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPlOP AGG $1,000,000 JECT POLICY PRO LOC -_ $ AUTOMOBILE LIABILITY \ COMBINED SINGLE LIMIT ANY AUTO -- BODILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS N PROPERTY DAMAGE $ HIRED AUTOS AUUTOS TOS D Per accident S UMBRELLA LL62 HOCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTIONS $ WORKERS COMPENSATION WC STATU- I OTH- AND EMPLOYERS'LIABlLn1t YIN ANY PROPRIETORIPART NEWEXECUTIVE EL.EACH ACCIDENT $ OFFICERWEMBER EXCLUDED? F MIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ A P&I OH06900651 2120/2011 12/2012012 $1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is M qutred) P&I includes Jones Act,Collision,Towers&Salvors Liability Vessels:2006 25'Metal Shark,1994 26'Silvership,1998 25'9"Madison,1990 25'9"Bay Kat,2000 45' Madison,2010 60'x 25'Progress,2000 25'Silvership,200128'Silvership,1998 25'9"Silvership,2003 26' Harbor Tug,2003 24'Sea Arc,2004 20'Sea Arc,2008 25'Pontoon,15'x 30'Barge and 1997 28'Silvership Certificate Holder is Included as Additional Insured ATIMA with respect to derelict vessel removal CERTIFICATE HOLDER CANCELLATION ANY OF THE City of Miami Beach THE SHOULD EXPIRATION DATE THDEREOF,E NOTICE! WILL CBE DELIVEREDO IN 1700 Convention Center Drive ACCORDANCE WITH THE POLICY PROVISIONS. Miami Beach,FL 33139 AUTHORIZED REPRESENTATIVE a- WdL ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S365521/M365510 LJW CERTIFICATE OF INSURANCE—COMMERCIAL AllState. ALLSTATE INDEMNITY INS CO-NORTHBROOK,IL THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INTERESTED PARTY TYPE:CERTIFICATE HOLDER Comments: CERTIFICATE HOLDER NAMED INSURED Name and Address of Party to Whom this Certificate is Issued Name and Address of Insured CITY OF MIAMI BEACH BLUEWATER MARINE SERVICE DBA TOW BOAT US S DADE 1700 CONVENTION CENTER DR 14100 SW 256 ST#14 MIAMI BEACH,FL 33139 HOMESTEAD,FL 33032-6500 This is to certify that policies of insurance Fisted below have been issued to the insured named above subject to the expiration date indicated Maw, notwithstanding any requirement,term or conclition 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. TYPE OF INSURANCE AND LIMITS GENERAL LIABILITY Policy Number Effective Date Expiration Date Limit Amount GENERAL AGGREGATE LIMIT(Other than Products-Completed Operations) $ PRODUCTS-COMPLETED OPERATIONS AGGREGATE LIMIT $ PERSONAL AND ADVERTISING INJURY LIMIT $ EACH OCCURRENCE LIMIT $ PHYSICAL DAMAGE LIMIT $ ANY ONE LOSS MEDICAL EXPENSE LIMIT $ ANY ONE PERSON AUTOMOBILE LIABILITY Policy Number 49828888 Effective Date 212/12 Expiration Date 212/13 Coverage Basis Limits ®ANY AUTO ❑OWNED AUTOS EI HIRED AUTOS Combined Single Limit of Liability BODILY INJURY&PROPERTY $ 1,000,000 EACH DAMAGE ACCIDENT Q SPECIFIED AUTOS ®NON-OWNED AUTOS Split Liability Limits Bodily Injury Property Damage Each Q OWNED PRIVATE PASSENGER AUTOS $ 1 PERSON ❑OWNED AUTOS OTHER THAN PRIVATE PASSENGER $ $ 1 ACCIDENT UMBRELLA LIABILITY Policy Number Effective Date Expiration Date EACH OCCURRENCE GENERAL AGGREGATE PRODUCTS-COMPLETED OPERATICNS AGGREGATE $ $ 1 $ OTHER(Policy Policy Effective Expiration Type) Number Date Date DESCRIPTiDflTt3t=:QP.Ei�kT143NS1EOM:ATiE i1 HICL RESTfZ3CT[QNSfSPECU4E:ITEMS.........................................::............................ IT IS AGREED THAT SHOULD THE INSURANCE PROTECTION EVIDENCED HEREIN TERMINATE,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL NOTICE OF SUCH TERMINATION WITHIN 10 DAYS FOR THE FOLLOWING_ INTERESTED PARTIES:MORTGAGEE,LIEN HOLDER, ADDITIONAL INSURED AND ADDITIONAL INTERESTED PARTY. SCOTT GORHAM 5131/12 Authorized Representative Date COI 10442 LIABILITY(8/05) INSURANCE CHECKLIST XXX 1. Workers' Compensation and Employer's Liability per the statutory limits of the state of Florida. To include, if required by statute, U.S.L. & H.(Longshoreman's and Harbor worker's insurance) and Jones Act coverage, should be submitted with proposal submission. XXX 2. Comprehensive General Liability(occurrence form), limits of liability $1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability, and Contractual Indemnity (Hold harmless endorsement). XXX 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability - $ 00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. XXX 6. Other Insurance as indicated: Builders Risk completed value $ . 00 Liquor Liability $ . 00 Fire Legal Liability $ . 00 Protection and Indemnity $ . 00 Professional Liability/Medical Malpractice $ .00 Employee Dishonesty Bond $ .00 Theft Covering Money and/or Property Of Others $ .00 XXX Marine Liability(P&I) $1,000,000.00 Liability coverage for salvage/derelict vessel removal, including pollution liability XXX 7. Thirty (30) days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the RFQ number and title PROPOSER AND INSURANCE AGENT STATEMENT: I understand the Insurance Requirements of these specifications and that evidence of this insurance may be required within five (5) days after Proposal opening. If I am selected as the successful Proposer, I further understand and agree and acknowledge that failure to procure or maintain the required insurance policy shall constIt to a material breach of the c ntract by which the City may immediate min For Proposer IPrin Name/Title Signature of Proposer 5/15/2012 City of Miami Beach RFQ No:41-11!12 Removal&Disposal Derelict Vessels 19 of 34 PROPOSER INFORMATION Submitted by: TAL/e- , t::�CItLAe, Proposer(E � )� �v�. v� �l t' L 7 I i Signature: Name(Printed): Q Address: 5 �- Ci ty/State: S, 0-J Telephone: Fax: 2S e:::> S E-mail: -JL5�:� Federal ID# CIS:) It is understood and agreed by Proposer that the City reserves the right to reject any and all Proposals, to make awards on all items or any items according to the best interest of the City, and to waive any irregularities in the RFQ or in the Proposals received as a result of the RFQ. It is also understood and agreed by the Proposer that by submitting a proposal, Proposer shall be deemed to understand and agree than no property interest or legal right of any kind shall be created at any time until and unless a contract has been agre to and signed�by both parties. n q For Proposer: (Authorized Signature) (Date) (Printed Name) 5/15/2012 RFQ No:41-11/12 City of Miami Beach Removal&Disposal Derelict Vessels 20 of 34 DECLARATION TO: City of Miami Beach City Hall 1700 Convention Center Drive Procurement Division Miami Beach, Florida 33139 Submitted this�_day of ' 2012. The undersigned, as Proposer, declares that the only persons interested in this Proposal are named herein; that no other person has any interest in this responses or in the contract to which this response pertains; that this response is made without connection or arrangement with any other person; and that this response is in every respect fair and made in good faith, without collusion or fraud. The Proposer agrees if this response is accepted, to execute an appropriate City of Miami Beach document(s)for the purpose of establishing a formal contractual relationship between the Proposer and the City, for the performance of all requirements to which the response pertains. The Proposer states that the response is based upon the documents identified by the following number: RFQ No. 41-1 1A 2. n, a WI NES PROPO R SIGNATU E PRINTED NAME PRINTED NAME 4LWITNESS TITLE Ancelot J 0ibtrs LjE PRINTED NAME 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 22 of 34 e SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to LiA �r.•G [print name of public entity] by o e--Ri5 [print individual's name and title] for e- oo-t/1VOL-e- e/.v - [print name of entity submitting sworn statement] , Whose business address is C>� a� ��(��( s4 S E FL X32 And (if applicable)its Federal Employer Identification Number(FEIN) is L5.>S-9�S (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement) I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 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 of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. I understand that an "affiliate" as defined in Paragraph 287.133 (1)(a), Florida Statutes, means: 1) A predecessor or successor of a person convicted of a public entity crime, or 2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted 5/1512012 RFQ No:41-11/12 City of Miami Beach Removal&Disposal Derelict Vessels 23 of 34 of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. I 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, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [indicate which statement applies.] Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE)ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. 1 ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. [signatur ' Sworn to and subscribed before me this day of 2012 Personally known , OR Produced identification Notary Public-State of ,5,J '40/ 7-AWPO My commission expires (Type of Identification) (Printed typed or stamped Commissioned name of Notary Public) :•-.SPY,°;/�'i MARIA P.QUIGLEY Commissfn►.4 OD 847236 :a Ext�i►p -.,..;;:;;;/2,2013 5/15/2012 %� F r::�: w,rarce8003857019 F RFQ No:41-11/12 City of Miami Beach - - Removal 8,Disposal Derelict Vessels 24 of 34 QUESTIONNAIRE Proposer's Nam v e- W ei G,./i vxt, Principal Office Address: - l.� 3 X32 Official R presents ve: —,� Q Individual Partnership (Circle One) Corporation Joint Venture If a Corporation, answer this: Whe Inc rporated: k�1.1 t I ei-W-t In*at State: r; If a Foreign Corporation: Date of Registration with Florida Secretary of State: Name of Resident Agent: Address of Resident Agent: President's Name: Vice-President's Name: Treasurers Name: 5/15/2012 City of Miami Beach RFQ No:41-11!12 Removal&Disposal Derelict Vessels 25 of 34 Questionnaire(continued) Members of Board of Director: If a Partnership: Date of organization: General or Limited Partnership*: Name and Address of Each Partner: NAME ADDRESS *Designate general partners in a Limited Partnership 1. Number of years of relevant experience in operating same or similar business: 1--;A 2. Have any agreements held Oq Proposer for a project ever been canceled? Yes ( ) No If yes, give details on a separate sheet. 3. Has the Proposer or any principals of the applicant organization failed to qualify as a responsible Bidder/Proposer; or refused to enter into a contract after an award has been made; or failed to complete a contract during the past five (5) years; or been declared to be in default in any contract in the past 5 years? If yes, please explain: 5/15/2012 City of Miami Beach RFQ No:41-71/12 Removal&Disposal Derelict Vessels 26 of 34 r Questionnaire(continued) 4. Has the Proposer or any of its principals ever been declare ankrupt or reorganized under Chapter 11 or put into receivers h i p?Yes ( ) No ( If yes, give date, court jurisdiction, action taken, and any other explanation deemed necessary on a separate sheet. /r 5. Person or persons interested in this RFQ have ( ) have not (✓) been convicted by a Federal, State, County, or Municipal Court of any violation of law, other than traffic violations. To include stockholders over ten percent (10%). (Strike out inappropriate words) (Explain any convictions: L��;.A R_. 6. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent(10%) interest: A. List all pending lawsuits: B. List all judgments from lawsuits in the last five(5)years: C. List any criminal violations and/or convictions of the Proposer and/or any of its principals: 7. Conflicts of Interest. The following relationships are the only potential, actual, or perceived conflicts of interest in connection with this Proposal: (If none, state same.) f y LA 5/15/2012 City of Miami Beach RFQ No:41-11/12 Removal&Disposal Derelict Vessels 27 of 34 Questionnaire(continued) 8. Public Disclosure. In order to determine whether the members of the Evaluation Committee for this Request for Qualifications have any association or relationships which would constitute a conflict of interest, either actual or perceived, with any Proposer, and/or individuals and entities comprising or representing such Proposer, and in an attempt to ensure full and 'complete disclosure regarding this RFQ, all Proposers are required to disclose all persons and entities who may be involved with this Proposal. This list shall include, without limitation, public relation firms, lawyers, and lobbyists. The Procurement Division shall be notified, in writing, if any person or entity is added to this list after receipt of Proposals. 9. Are there any pending discussions relative to mergers, acquisitions, partnerships, or assignment of contract? LIr'--kA JL - 10. Is the business=entity a Miami Beach based Vendor? Yes ( ) No If Yes, please submit a copy of a Business Tax Receipt issued by,the City of Miami Beach, or documentation to demonstrate that the headquarters is in the City of Miami Beach, or documentation which proves that goods and/or contractual services are being produced or performed, as appropriate, in the City of Miami Beach. 11. Is the business entity owned by a certified service-disabled veteran, and or a small business owned and controlled by veterans, as defined on Section 502 of the Veteran Benefit Health, and Information Technology Act of 2006, and cited in the Database of Vete n-owned Business? Yes O No (+ 5/15/2012 RFp No:41-11!12 City of Miami Beach Removal&Disposal Derelict Vessels 28 of 34 r Questionnaire(continued) The Proposer understands that information contained in this Questionnaire will be relied upon by the City in evaluating and making an award pursuant to the RFQ, and such information is warranted by the Proposer to be true and accurate. In the event that the City, in its sole discretion, deems necessary, the Proposer agrees to furnish such additional information, relating to the qualifications of the Proposer, as may be required by the City. The Proposer further understands that the information contained in this Questionnaire may be confirmed through a background investigation conducted by the City, conducted either through the Miami Beach Police Department or by a third party retained by the City for such purposes. By submitting this Questionnaire the Proposer hereby agrees to cooperate with this investigation including, but not limited to, fingerprinting and providing information for a credit check. PROPOSER WITNESS: IF INDIVIDUAL: Signature Signature Print Name Print Name WITNESS: IF PARTNERSHIP: Signature Print Name of Successful Proposer Print Name Address By: General Partner Print Name ATTEST: IF CORPORATION: Secretary Print Name of Cor oration Ile • iA kc� s �� S4-ATE l-,'-k Print Name Add ess By: Yi A resident (CORPORATE SEAL) Print Name 5/15/2012 City of Miami Beach RFQ No:41-11!12 Removal&Disposal Derelict Vessels 29 of 34 1 r DISCLOSURE AND DISCLAIMER This Request for Qualifications ("RFQ") is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this RFQ, or in making any award, or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this RFQ, either before or after issuance of an award, shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the RFQ either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the RFQ, as it deems appropriate and in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this RFQ. Following submission of a Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers, directors, shareholders, partners and employees, as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any information in this RFQ. Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations, interpretations, and analyses. The RFQ is being provided by the City without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this RFQ, the selection and the award process, or whether any award will be made. Any recipient of this RFQ who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals submitted to the City pursuant to this RFQ are submitted at the sole risk and responsibility of the party submitting such Proposal. This RFQ is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for guidance only, and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties. Any response to this RFQ may be accepted or rejected by the City for any reason, or for no reason, without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed bid form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become public records. 5/15/2012 RFQ No:41-11/12 City of Miami Beach Removal&Disposal Derelict Vessels 31 of 34 I T s Proposers are expected to make all disclosures and declarations as requested in this RFQ. By submission of a Proposal, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge, information, and belief. Notwithstanding the foregoing or anything contained in the RFQ, all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this RFQ, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to$10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the RFQ, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The RFQ and any disputes arising from the RFQ shall be governed by and construed in accordance with the laws of the State of Florida. ACCEPTED: Q Q [NAME AND TITLE] [ORGANIZATION] vL.W�c�Q� �,�s `_ t vt , [PROPOSER'S NAME] 5/15/2012 RFQ No:41-11/12 City Of Miami Beach Removal&Disposal Derelict Vessels 32 of 34