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Item B13 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 03-22-01 Division: Growth Management Bulk Item:YESl NO_ Department:Marine Resources AGENDA ITEM WORDING: Approval of the Contract Agreement between Monroe County and Spirit Marine Towing & Assistance for the emergency removal ofDV3A3399 located off of Big Pine Key, Monroe County. ITEM: The F,W,C,C. has requested that this vessel be removed as soon as possible due to it posing a threat to navigation. Four quotes received, Blue Water Marine-$13,999,99, A.S.A.P,-$12,300,OO, Arnold's Towing-$10,000,OO, and Spirit Marine Towing & Assistance-$3,198,OO, PREVIOUS RELEVANT BOCC ACTION: F.W,C,C,-Derelict Vessel Removal Grant approved 9-21-00. CONTRACT/AGREEMENT CHANGES: New Contract STAFF RECOMMENDATION: Approval TOTAL COST: $3.198.00 BUDGETED: COST TO COUNTY: Staff Time Only 100% Grant Funding REVENUE PRODUCING: YES NOl AMT, PER MO,_ YEAR_ APPROVED BY:COATTY X OMB/P RlSKMANAGEMENTN/A ~J ~ . DEP ARTMENT HEAD APPROVAL: George G ett-D t r, Marine Resources DIVISION DIRECTOR APPROV AL: '/( {:J'" //4<< ~;;:;;. A< tiJla )lirector. Timothy J. McGarry-DIvision Director, Gro Management DOCUMENTATION: INCLUDED:-X- TO FOLLOW:_ NOT REQUIRED:_ AGENDA ITEM #01 ..." J DISPOSITION: 6L/l~/l~~b o~;Ug .,:)tJ"J-Y'- ---- 24 Hr. Service SPlBIT .. ~~ MARINETOWlNG~ASSISTANCB Our Experience will save you Time and Money Kim McGee Marine Projects ~-4317 Marcl121.2001 Our bid to remove 8Dd Jeplly dispose of ON 3A-3399 Is $3,198,00, Let us know, Sblcetely, t1 ;Z;t- DUKE PONT IN . P,O. 80x 2.. . Big Pine Key. Florida 330.3 (305) 172-2752 VHF Ch. 16 ARNOLD'S AUTO & MARINE REPAIR. INC. S540 3rd Avenue, Stock Island Key West, FL 33040 (305) 296-3832 FAX 292-9881 MARCH20,2001 KIM McGEE MARINE PROJEcrs COORDINATOR 5100 COlLEGE ROAD KEY WEST, FL 33040 DEAR MRS. McGEE. OUR BID FOR nmREMOV AL AND DISPOSAL OF DV3A-3399 LOCATED 1N NEWFOUND HARBOR IS $10,000.00. SINCERELY, ~ c,J. ~ RICHARD W. ARNOLD FROM ASAP PHONE t(), 852 4554 rldr. c.~ ~--- --. --- A.S.A.P INC. Marine Contractors p,O, Sax 8CM Tavern". R, 33070 Phone 3CJ5..86Z004S54 Fax 3050852-<M54 ....... S...ew To: KIa McGee: Maria Pro)_ CoardIIIator. Da&r. ~l9-ZOO1 .lob Name DV3A 3399 Oty:BJ&Pbae n WE HEREBY SVBMII'SPECD'ICA110NS AND I'SI'IMATES I'OR: B8aumtI A DIspcJul. We prapose to fanIIIL labor _.......naIl &_,.. ba ~ce wWl tile..... apecifiatic.s, tor tile .... flI TtNlft ~ TIarM BIIIIdnd DaIJan (S12.38OM) All..................... to... .~ AIIwwk _be M8P'ltIlIID. .....__H.. ...-.....u.c tD ItIIIIdud pncdc& ........... ........... ~.......... CGIt. will be . ....... aal1upaa writta...... _wiD...... _ .........".......... tb .......... All ....___...ptClIpCIII..... lufl .........,..,....aw~ "....~..Jecn.. __("'..,._lo__...........="=..~~ ...............**...............................................****..................... ...............aa........................................................................ ACCElTANCE AND PROl'OSAL ,.....-. priaI, .,......,.,d....... r-....~...IIereb1.1 J IUd. Y.. an.1iIItGI'iMd to do die WOI'k.. 1pCICitI.. ~wiJl...... ...... ...... A(X;Q'I; SI~ DATElb DATED: nAR-19-2001 09:26 pn ~ ........ .1 ,II.M . .,. .. ~ ~ 1_... . . . · · · · · · . / Blue Water Marine Services, Ine. d/b/a TowBOAT/U.S. South Dade p.o. BOX 901716 Homestead, Florida 33090-1716 PhoDe I Fax (305) 230-0030 gUOTATION Mareh 17. 2000 TO: Kim McGee FROM: Blue Water Morine, Ine, SUBJ: Removal ofDV -3399 The following quotation is for the removal of DV -3399, a 40. wood sailboat located in Newfo\U1d Harbor, north of Sea Center canal~ Big Pine, DV.3399 can be removed and disposed of for the swn of S13~999,99, Blue Water Marine Services, Ine, lDuierstands it is responsible for all disposal costs. Respectfully Submitted, t~JjJ Capt. Todd Seeds Blue Water Marine. Inc. CONTRACT AGREEMENT AGREEMENT, MADE TIllS day of 2001, by and between, Spirit Marine Towing & Assistance ("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 emergency removal ofDV3A3399 for which a Florida Fish and Wildlife Conservation Commission Derelict Vessel Report is attached as Exhibit A. 2. The work to be performed under this contract must be completed by April 30. 2001. 3, The Contractor understands the rules of the Florida Fish and Wildlife Conservation Commission 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 the requirements of the Specifications, attached as Exhibit B, are understood by the Contractor. 4. The Board shall pay the Contractor $ 3.198.00 for the removal and legal disposal of DV3A3399. Payment will be upon completion of work by the Contractor and review and approval by the Marine Projects Coordinator, 5. The attached Derelict Vessel Reports, Specifications, and the Monroe County Insurance Requirements together with this Agreement, form the Contract. They are fully a part of this Contract as if repeated herein verbatim. 6. The Contractor covenants and agrees to indemnify and hold harmless 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, 1 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 inform the County and the Florida Marine Patrol 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, 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 4-30-01 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. 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, II. 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 VLI, WCI, WCJA, GLl, WLI, & POLl attached as Exhibit C, All policies must list Monroe County as additional insured with the exception of the Worker's Compensation policy. 12, The Contractor warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 0 I 0-1990 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 2 contract without liability and may also, in 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 not 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. IN WITNESS WHEREOF each party hereto have executed this Agreement the day and year fIrst written above. (SEAL) Attest: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Deputy Clerk By: Mayor/Chairman Witness: Business N~: "5_1/~ II By: C4L /~ M#.A/NC , Witness: Title: ~ 3 . -. - noRmA fISH AND WlLDLIR CONSEBV ATlON COMMISSION DEI.mLICT & ABANDONED VESSEL REPORT DV3A- :1.3 1/9 OR AV3A- . INCIDENT NO. QO-3A- 17/0 I DATE: I'ID. oj 1. UG/DOCI#: ~(J,Jif LENG'l1I:.rQ..FT. MAKE: ~/l IS VESSEL CURRENIL Y REuCiU:.l\ED: YES NO)C LAST REGISTRATION DATE: - - BULLMATERIAL: WOODL 'IG_ MJrrAL(SftCIPTl lWBBER_ 0'IHEll COLOR: sJlll-n' MOTORATrACHED: NOL,YES_TYPE- 11.LN.: 1I",.~j1/ NAMEONVESSEL: ALII 7/ OTHERIDENTJFIERS: Jt1,JI/ fLOATlNGSTRUCTURE:- CO,J'''' ill p.JiIJI.'~ 1. VESSEL OWNER/CUSTODIAN: fJ,J;.(,,) ~ .J.J 0.0.8. I , BOAT REG. ADDRESS: .,plli .J~.J,J crrYI!rrATE/ZIP: DlUVER'S UCENSE NO.: \J t.J ,t ,.)" ,J N 01lIER ADDRESS: 3. LOCAnON OF VESSEL: l.INk,J,.)I' u-.t1ti!J()f" - N()l1fII t:t,:' 5I!'A cl!1lTrf1~A,JA' LATITUDFJLONGmmE(DEGREES.MJNUIES.SECONDS)~:2~, .3 9.9(,1:; I?I() :J~ ,,jr..d, . I .. . .. ...1'1'1' -en 4. CONDrnONOFDEREUCfVESSEL: WRECKED..L JUNKED.l:t- SUBSTANTIALLYDISMlU'~--~ AGROUND...:L BROKENUP_ BURNED_ CAPSJZED_ USTING_ _scurILED - OTHER. 'CONDmON OF ABANDONED VESSEL: ABANDONED INOPERA'IIVE PARnALLY DISMANTLED . - - - NO APPARENTnmuNSIC V ALUE_ PERSONAL IIEMS ONBOARO 5. SUBMERGED: 30 ~. DEPTB:_FT, DAMAGlNGSUBMERGED LANDS: YESL NO_WHAT DAMAGING OTHER PROPERTY: NO.2 YES_(SPECIFYl ANCHORED_ AFLOAT_ ADlUFl'_ INWJm,.ANDS_ WASBEDASHORE_ PULLEDTOSHORE_ SE~~ TlEDTOOBJEcr~ TIED TO DOCK_ BELOW M.H.W,L._ ABOVEMH.W,L._ 0'IHEll_ '" CAUSE: UNKNOWNL NAroRALDJSASTEll- O'IHEll(EXft.AlN) 1. PROPERTY OWNER: STATE SUBMERGED LAND )! FEDERAL PROPERTY ornER (SW,aPY) - - , OWNER/ADDRESS .' fl' L TllREATTONAVlGAnON: YES~ NO_ UNK_ HOW ._..~,~ ",,, L /I!;H~ 9. D~GER TO ENVIRONMENI': YES~ NO_ UNK_ HOW .L I~ 10. TOWED wrmotrrREPAIR: YES_ NO_ ~ 0'l'HER - 11. RECOMMENDED DISPOSmON: REMOVE FROM WA'TER.-Y TAKE TO LANDFILL...E RECYCLEMETAL BAVEnIE oWNER/CUSTODIANREMOVE IT_ TURN OVER TO ANamEllAGENCY- LEAVE AS IS CREAtE MARINE HABITAT OR ARTIfICIAL REEF _ 0TBEIl 12. NAltRA TlVE I DlUGENl" SEARCH: (Uff.AIN) JtoJ -r (N" .11'"' ;:',~",,, t/~,~ CU7 r <' IIJ TYPE: STATE: ALlEN:_ .. ;,/IIJ".A'nIJ,J4L #A.;I.A/J~ 13. IItlMBER pAINTED ON VESSEL YES~O_ 4 PIHJ1'OS TAKEN YES,!(NO_ NOTICE PLACED ~- fips~( IS 1r Date~ ,AOEL 01_ FWC ~'A(IOIOlIIVL ~ \'-'