Item B13
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 11-22-00
Division: Growth Management
Bulk Item: YE Sl NO_
Department:Marine Resources
AGENDA ITEM WORDING: Approval of the Amendment to the Agreement between
Monroe County and Anchor Towing for a time extension to complete the project known
as Derelict Vessel Removal-Zone I.
ITEM: Due to rough weather that has caused delays the Contractor has requested a three
week time extension to complete this project.
PREVIOUS RELEVANT BOCC ACTION: Grant Agreement approved 4-20-00,
Contract with Anchor Towing approved 8-17-00.
STAFF RECOMMENDATION: Approval
BUDGETED: Yes
TOTAL COST:$40.000
COST TO COUNTY: Staff Time Only
100% Grant Funding
DIVISION DIRECTOR APPROVAL:
Timothy 1. McGarry-Division Director, Growt ement
DOCUMENTATION: INCLUDED:~ TO FOLLOW:_ NOT REQUlRED:_
DISPOSITION: AGENDAITEM#~
MONROE COUNTY BOARD OF COUNTY COl\tMISSIONERS
CONTRACT SUMMARY
Contract #
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Contract with: Anchor Ttnring Effective Date: -'-'- ..
Tim Ext i f Expiration Date: , , .
e ens on or ---
Contract Purpose/Description: Derelict Vessel Reaoval Zone I
Contract Manager: Kim McC~~
(Name)
4511
(EXL)
Marine Proiects
(Department)
for BOCC meeting on 11 .,22 , 00
Agenda Deadline:...E:-' 7 , 00
CONTRACT COSTS
40 ,000 Current Year Portion: $ 40.000
Account Codes: 125 - CROOl2 --3343'" 530 - 340
Total Dollar Value of Contract: $
Budgeted? Yes No
Grant: $ 178,520.26
County Match: $ B/A
Estimated Ongoing Costs: $
(Not included in dollar value above)
ADDITIONAL COSTS
B I A 'yr For:
(eg. maintenance, utilities, janitorial, salaries, etc.)
Date In
CONTRACT REVIEW
Changes
Needed
~e; ~V ~
(vi
Reviewer
Division Director
II I f j I!:E....
Risk Manage~nt J
O~~g
County Attorney
[LI C Zl.lli) ( )
Jl.J 11 ill) ( )
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Comments:
OMB Form Revised 8/30/95 Me!' 112
Date Out
III ~I tTtJ
I.LJ 62160
IllMoO
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Anchor TowiDg
26960 Old State Rd 4A
Ramrod Key, FL 33041
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October 12,2000
Monroe Counly Marine Projects
Kim McGee
5100 College rei
Key West, FL 33040
Dear Mrs. McGee,
Duc to inclement weather conditions, we have been experiencing, we have been
Wlable to complete the derelict vessel contract. We would like to request an extenSion to
November 3. 2000. Your consideration is greatly appreciated. Thank you for your time.
Sincerely,
~A.~
Marc J~1lJ !
AMENDMENT T 0 AGREEMENT
THIS AMENDMENT TO THE AGREEMENT is made and entered into this
day of 2000, between the County of Monroe, hereafter
County, and Anchor Towing, hereafter Contractor, in order to amend the agreement
between the parties dated August 17, 2000, a copy of which is attached to this
amendment.
The County and Anchor Towing, amend section 2 and 9 of the August 17, 2000
agreement as follows:
2. The work to be completed under this contract must be completed by
November 6, 2000.
9. The parties agree that a timely performance ofthis 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 11-6-00 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
Anchor Towing
By:
By: m~~
Title: owAJe,R
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1-. .
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CONTRACT AGREEMENT
'I/. .
AGREEMENT, MADE TIllS /7 day ofAt/~II7T 2000, by and
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between, Anchor Towin2 ("Contractor"). and the BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY. FLORIDA, of the County of
Monroe, State of Florida ("Board").
The Contractor and the Board, for the consideration named agree as follows:
1. The Contractor shall furnish all the materials and perform all the work as
required by the Specifications for the removal of Derelict Vessels Zone I-Key West to the
South end of the Seven Mile Bridge.
2. The work to be performed under this contract must be completed by October 15,
2000.
3. The Contractor understands the rules of the Florida Fish and Wildlife Conservation
Commission Division of Law Enforcement and shall comply with those rules, along with the
rules and procedures instituted by the Board to ensure an orderly progress to the project. Both
the intent and requirements of the Specifications, attached as Exhibit A, are understood by the
Contractor.
4. The Board shall pay the Contractor $ 49.93 per linear foot for the removal and legal
disposal of Florida Marine Patrol marked der~lict vessels. Payment will be upon completion of
work by the Contractor and review and approval by the Marine "'Projects Coordinator. One
partial payment will be allowed during the Contract period.
5. The attached Specifications, and Monroe County Insurance Requirements together with
this Agreement, form the Contract. They are fully a part of this Contract as if repeated herein
verbatim.
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6. The Contractor covenants and agrees to indemnify and hold harmless the Monroe
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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
Subcontractor (s) in any tier, their employees or agents. The purchase of the insurance
required in paragraph 11 does not vitiate this indemnification provision.
7. The Contractor agrees to supply the County with a set of photographs of each vessel in
all phases of the removal and disposal process. The Contractor will be responsible for the
camera, film, and development costs.
8. The Contractor must infonn the County and the Florida Marine Patrol prior to initiation
of work.
9. The panies 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 panies agree that the Contractor shall be liable to the Board for $100 per day of
liquidated damages for each day after 10-15-00 that the Contractor's obligations under this
agreement remain unperfonned. The parties agree that such "amount is by the way of
compensatory damages and does not constitute a penalty .
10. Due to the use of heavy equipment and, at times, dangerous work environment, the
Contractor understands and agrees to maintain an alcohol an drug free work environment.
11. The Contractor will be responsible for all necessary insurance coverage as indicated by
an "X" on the attached fonns identified as INSCKLST 1-4, as further detailed on fonns VLl,
WCI, WCJA, OLI, WLI, & POLl attached as Exhibit B. All policies must list Monroe
County as additional insured with the exception of the Worker's Compensation policy.
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12. The Contractor warrants that it has not employed, retained or otherwise had act on its
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behalf any former County officer or employee subject to the prohibition of Section 2 of
Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of
Ordinance No. 020-1990. For breach or violation of this provision, the owner may, in its
discretion, terminate this contract without liability and may also, iii its discretion, deduct from
the contract or purchase price, or otherwise recover the full amount of any fee, commission,
percentage, gift, or consideration paid to the former County officer or employee.
13. A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real
property to public entity, may not perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may nov transact business with any
public entity in excess of the threshold amount provided in Section 287.017 of the Florida
Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
F each party hereto have executed this Agreement the day and year
By:
A~c.~amW
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:eS1:::!:t-7~
Mayor/C .
Witness:
./{~~
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Business Name: A7A1~#4.e 78tJ:D/?
Witness: .~V\O~ r:Q ~/~j\'~ By: ~~ ~
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Title: OW'vG"Je.
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