Item M01
Revised 2/27/01
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 11-20-02
Bulk Item: Yes ~ No 0
Division: Growth ManaQement
Department: Marine Resources
AGENDA ITEM WORDING: Approval of the Amendment to the Agreement between
Monroe County and Arnold's Auto & Marine Repair, Inc. for Derelict Vessel Removal
Zone 1-2002.
ITEM BACKGROUND: The FWCC has granted additional time to complete derelict
vessel removals for 2002. We would like to allow the Contractor an additional month to
complete all removals.
PREVIOUS RELEVANT BOCC ACTION: Contract with Arnold' approved 1-17-02,
Amendment #1 approved 7-17-02, Amendment #2 approved 9-18-02.
CONTRACT/AGREEMENT CHANGES: Time Extension
STAFF RECOMMENDATIONS Approval
TOTAL COST: $60.000
BUDGETED: Yes ~ No 0
COST TO COUNTY: Staff Time Onlv
100% Grant Funding
REVENUE PRODUCING: Yes 0 No ~ AMOUNT PER: MO $ YR $
APPROVED BY: COUNTY A TTY~ OMB/PURCHASING RISK MANAGEMENT~
DOCUMENTATION: INCLUDED ~
DISPOSITION:
NOT REQUIRED 0
AGENDA ITEM #: JJJ /
DIVISION DIRECTOR APPROVAL:
,
MONRbE CUUNTY HUAKU vr ~VU1'" 1 1 vVJuJ.YJ.J.oJoJ....,. .---
CONTRACT sUMMARY
ContraCt with: Arnold's Aut:o COntract #
& Marine Repair, Inc. Effective Date:
Expiration Date:
ContraCt purposelDescription:
Time Extenc.; nn
Contraet Manager: y;.... v,.c..oo 4511 Marine Resources
(Name) (Ext. ) (Department/Stop #)
Marine Projects 19
for BOCC meetim! on 11-20-02 Agenda Deadline: 11-6-02
CONTRACT COSTS
Total Dollar Value of Contract: $ 60,000
Budgeted? YesliJ No 0 Account Codes:
Grant: $ 60 ,000
County Match: S N I A
Current Year Portion: $ 60,000
125 - 5370 - 6251~ 530lr90 GB0212-530340
ADDITIONAL COSTS
Estimated Ongoing Costs: $ N/Alyr For:
(Not included in dollar value above) (e2. maintenance. utilities. ianitorial salaries. etc.)
CONTRACT REVIEW
Date Out
Changes
Date In Needed ,....,/
Division Director (11 ~l 0 z., YesO Nol::f
Risk Management \ \ \ \ \ 0~ Y esO NoE:]
O.M.B.lPurcbasing ,Ol'~I\DL..YesO NoCY
County Attorney I o/3G/tJ 2- YesO No
Comments:
~
OMS Fonn Revised '2J27/01 MCP #2
CONTRACTAMENDMffiNT
THIS AMENDMENT TO THE AGREEMENT is made and entered into this
day of 2002, between the County of Monroe, hereafter
County, and Amolds Auto & Marine Repair, Inc., hereafter Contractor, in order to amend
the agreement between the parties dated January 17,2002 a copy of which is attached to
this amendment.
The County and Amolds Auto & Marine Repair, Inc., amend section 2 and 9 of
the January 17,2002 agreement as follows:
2. The work performed under the Contract shall commence immediately from the
date Liaison provides the Notice to Proceed and shall be completed by
November 22,2002.
9. The parties agree that a timely performance of this agreement is essential due
To possible damage to the natural resources, hazards to navigation, or threats
to human health and welfare. Therefore, the parties agree that the Contractor
shall be liable to the Board for $100 per day of liquidated damages for each
day after 11-18-02 that the Contractor's obligations under this agreement
remain unperformed. The parties agree that such amount is by the way of
compensatory damages and does not constitute a penalty.
IN WITNESS WHEREOF, the parties have here on to set their hands and seal, the
day and year first written above.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor / Chairman
(Seal)
Attest: Danny L. Kolhage
Amolds Auto & Marine Repair, Inc.
By:
By:
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Title: 011~~
/
Witness: I' -" l CJ.- -,)--
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WItness: (,. .' ... t'"t( /:.:1' ;1fit ~
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CONTRACT AGREEMENT
AGREEMENT, MADE TInS 17 ~ day 0 2002, by and
lJetweeI1, AmOld's Auto ..... MariDe Repoir,Inc. ,..... tile BOARD OF
coUNTY COMMISSIONERS OF MONROE coUNTY, FLORIDA, of tile County of
Monroe. State of Florida ("Board").
The Contractor and the Board, for the consideration named agree as folloWS:
1. The Contractor shall furnish all the materials and perform all the work as
required by the Specifications for the removal ofJ)erelict Vessels 'h1D1= I-Key West to the South
aId of the Seven Mile Bridge.
2. The work to be performed under this contraCt must be completed by Mav 15.
~002.
3. The Comractor understaDds the roles of 1\Ia FJorida FISh ..... Wik\life ConscnaDon
Commission Division of Law Eofon:emeot aud sbaU CXJlD\l1y with those ru\es, aloug with tbe roles
aud procedm<S institut<d by the Board to _ an on\er\y JII08"'S" to tile project. Both tile -
and requirements of the Specifications. attached as Exhibit A, are ~ by 1\Ia Con1rad11<.
4. The Board sbaU pay tile Contractor $ 44.52 per \inellf fool for tile ranovaI ..... IegaI
disposal of Florida Fish aud Wildlife cQDSOlVldion Commission marked derelict vessels. Paymeot
will be upon CXJlD\lletion of work by the Con1rad11< ..... revieW aud approvaI by 1\Ia Marine
Projects Coordinator. One partial payment will be aDowed during the CCJDIr30l period.
S. The attlChed Specifications. and Monroe County Josm'3IIOl' Requir<meDtS tDgOIIl<r with this -
Agreement. form the ContraCt. They are ful\y a part of this CCJQttlICt as if repeated boreiD
verbatim.
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6. The Contraetor covenants and agrees to indemnifY and bold hannless the Monroe County
Board of County Commissioners from any and all claims for bodily injury (including death),
personal injury and property damage (including property owned by the County) and other losses.
damages, and expenses (including attorney's fees) which arise out of. in connection with. or by
reason of services provided by the Contractor or any of its SubcontraClor (s) in any tier, their
employees or agents. The purchase of the insurance required in paragraph II does not vitiate this
indemnification provision.
7. The Contractor agrees to supply the County with twO sets of photOgraphs of each vessel in
all phases of the removal and disposal process. The ContraelOr will be responsible for all costs
associated with the production of these photographs. Failure to provide required documentation
may result in non-payment.
8. The Contractor must inform the County and the Florida Fish and Wildlife Conservation
Commission prior to initiation of work.
9. The parties agree that a timely performance of this agreement is essential due to possible
damage to the natural resources, ha2ards to navigation. or threats to human health and welfare.
Therefore, the parties agree that the Contractor sball be liable to the Board for $100 per day of
liquidated damages for each day after 5-15-02 that the ContraCtor's obligations under this
agreement remain unperformed. The parties agree that such amount is by the way of
compensatory damages and does not constitute a penalty.
\0. Due to the use of heavy equipment and, at times, dangeroUS work environmen~ the
Contractor understands and agrees to maintain an alcohol an drug free work environment.
il. The Contractor will be responsible for all necessary insurance coverage as indicated by an
"X" on the attached forms identified as INSCKLST 1-4, as further detailed on forms VLl, WCI,
WC1A. GLl, WLl. & POLl attached as Exlubit B. All policies must list Monroe County as
additional insured with the exception of the Worker's Compensation policy.
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12. Tbc Con....ctor wanants _ it haS DOl employed. .-mal or CJIhorWise bad DOl ... its
behalf any fanner CountY officer or employee subject 10 duo probibilio" of Sec:tion 2 of~
No. 010-1990 or any CountY ofticer or employee in violatioD of SecIion 3 of ()n\i1laDee No. 020-
1990. For breach or violation of this provision, duo owner may, in its cfiscn:tion, U:rJDinalC this
contract without liability aod may aJso, in its c\iscrdion. doduct limn the ~ or purchaS"
price. or olherwise _ 1he full amoont of any \ioe, Cl]IIIII1ission. pc:rccmage. gill. or
consideration paid to the former County officer or employee.
13. A person or affiliate who haS '-' p1a<:od ... duo convictod ...,dor Ust fbUowins a
conviction for public eD1ity crime may DOl submit a bid ... a C(JIIIIaCt 10 pI<IVide any goods or
services 10 a public eD1ity. may DOl sublDil a bid on a C(JIIIIaCt with a public eD1ity for the
constrUCtion or n:pair of a public building or public work. may not submit bids on \easeS of raI
propertY 10 public eD1ity. may DOl paforD1 work as a c:mttactor. supplier. ~. or
C<JI]SUIIanl umIe< a ~ with any public eD1ity. aDd may not lJaDlllIl'l busin<SS with any public
artilY in excess of the tbn:shold amount providod in Sec:tiOD 217.017 of1he fIorida S\lllU1CS. for
CATEGORY TWO for a period of 36 months limn the data of being p1a<:od ... the convictod
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OF each party b=lO have ....,..u:d this ~ the day and yr:ar first
BOARD OF coUNTY COMMISSIONERS
OF MONROE CO . FLORIDA
By:
Mayor/ClJairmaD
Witness:
^- . ~
Business Name:.-L:t1'''''lL~5 \ o~r-a,
By: ~~ ~
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Title: (J!:)- O',~
AAPPil~'fi".D AS TO FORM
IE C'f
3
Witness: