Item B09
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 8-16-01
Di'\'ision; Growth Management
Bulk Item:YES.lL NO_
Department:Marine Resources
AGENDA ITEM WORDING: Approval oftbe Contrad Asreement between Monroe
County and Blue Water Marine Scrvi\':~ Inc. for the removal ofa dome shaped floating
structure located off of Christmas Tree Island, Key West.
ITEM BACKGROUND: This very large floating struCture poses a hazard to navigation.
On two separate incidents it has broken free and hit, the Salt Run Bridge, and Mallory
Square Dock. There is no known owner. Two quotC5 ret!eived Arnold's Towing-
$15,000, and Blue Watfll" Marine Semccs. Inc.-S13,972.l0.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: New Aareement
STAFF RECOMMENDATION; Approval
TOTAL COST: $13.972.10
BUDGETED: Yes
COST TO COUNTY:StaffTime Only
BIF
REVENUE PRODUCING: YES_ NO..z.. AMT. PER MO._ YEAR__
APPROVED BY:COATTY x.OMBIPUR
DIVISION DIRECTOR APPROV At:
Timothy J. McGarry, AICP
DOCUMENTATION: INClUDED:..lL TO FOLLOW:_ NOT REQUIRED;_
DISPOSITION:
AGENDA ITEM # ~ -k!3 ./
08/07/2001 10:14 305-289-2535 PL~NNING DEPT
1 1 -28-1 996 113: 5~.PM FROt.., MAR I NE PROJECTS 295 431 7
DOME
1t /'3" t17d.
P~GE 03
P.2
BLUE W AUR MARINE SERVlCES9INC.
S-r~UG/U((€- A-r C.HItI~TM~S --rkocTst-.
10
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08/07/2001 10:14 305-289-2535 PLANNING DEPT
11-28-1996 ~0:57PM FROM MARINE PROJECTS 295 4317
ARNOLD'S
AUTO.l: MA.RlNE Rl'.PAI~ INC.
5540 3wd Aveaue. Steck Island
Key W_ FL 33040
(305) 296-3832
FAX 191-9811
JUNE 21.2001
1t1M McGEE
MAJUNE PROJBCTS COORDINATOR.
5100 COI.LEGEIWAD
KEYWEST.f'L 33040
DMlt MltS. Mc:GEE.
OUR BID FOIl1"HE ltEMOV AI. AND DISI'OSAJ.. OF nm DOME HO\)SEB()AT IS 515.000.00.
(;f:P (j/ ~
JUCHAltD W. AItNOlJ)
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08/07/2001 10:14 305-289-2535 PLANNING DEPT
1 1-28-1S9S 10,57P~" FRrn--1 MARINE PROJECTS 295 d317
PAGE 05
p-~
CONTRACT AGREEMENT
AGREEMENT, MADE TIDS
day of
2001, by and
between., Bille Water Marine s.m... IDC. ("Conttactor"), and the BOARD OF
COUNlY 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 shalt furnish all the materials and perform aU the work required to remove
and legally dispose of a. floating dome shaped 3trUcture which poses a hazard to navigation located
off of Cbri5tmas Tree island. Photocopies of photos are aaac:hed as Exhibit A.
2. The work to be I*f01'Tl1Cd under this contract mUSl be completed by Seotember 30. 200]_
3. The Contractor understands the rules of the Florida Department of Environmental ProteCtion
and shall comply with thOllC rules~ along with the ru1es and procedure=; instituted by the Board to
ensure an orderly progress to the project. Both the intent and the requirements of the
Specifications. attachea IU Exhibit B, are understood by the Contractor.
4. T~ Board shall pay thG Contraotor $ 13.97~U} for the removal and 1.1 disposal of the
floating dome shaped structure. Paytllmt will be upon completion of work by the Contractor and
review and approval by the Marine ProjectS Coordinator.
S_ The attached Derelict Vessel Reports, Specifications. and the MOI'I1"Oe County Insurance
Requirements together with this Agreement.. form the Conttact. They are fully a part of this
Contract as if repeated herein verbatim.
6. The Contractor covenants and agrees to indemnify and hokl hannJcss the Monroe County
Board of County Commissiooers from any and all claims for bodily injury (includhlg death),
personal injury and property damage (including prOl*tY owned by the County) and other losses.
damages, and axpenses (including attorney's fees) which ar~ out of. in COI1IJIK;tion with, or by
reason of !iervice$ provldfJd by the Contractor or any of its Subcontractor (s) in any tier, their
08/07/2001 10:14 305-289-2536 PLANNING DEPT
11-28-1996 11: 12PM FROM MARINE PROJECTS 295 4317
PAGE El9
i->.~
employees or agents. The purchase of the insurance required in paragraph 11 does noc vitiato this
indemnification provision.
7. The Contractor agrca to supply the County with a set of photographs of eaoh vessel in all
phases of the removal and disposal process. The Cgn~tor will be responsible for the camera,
film, and development QOSts.
8. The COIJt&"aCtQc must inform the County and the Florida Marine PIdrOI prior to initiation of
work.
9. The parties agree that a timely performance of this agRl1IllDt is essential due to possible
damage to the natural resources, hazards to Dllvigati~ or threats to human health and welfare.
Therefore, the parties agree that the Comractor shan be liable to the Board for $100 per day of
liquidated damages for ea<:h day after 9-30..01 that the Contractor's obligations under this
agreement remain unperformed. The parti. 1ISJ'CC that such amount iJ by the way of
compensatcry danmges and does not constitute a penalty.
10. Due co the use of heavy equipment and, at timei, dal'lgetOUS work envirootn1mt, the
ContnKlttJr ondcntands and agrees to maintain an alcohol an drug free work CDviro.omatt.
J 1. The ContractOr wiD be responsible for ail necessary insurance coverase as indicated by an
"X" on the attached fonns ideoUfied as INSCKLST 1-4, as further detailed 011 forms VL I, we 1)
weJA. OLI, \\ILl, Be. POLl attached a, Exhibit C. All policies must list M()III'oc County as
additional insured with the exception of the Worker's Compensation policy.
12. The Contractor wammts that it tis!) not employed, retained or otherwise had act on its
behalf any former County officer or employee subject 10 the prohibition of Section 2 of Ordinance
No. 010-1990 or ~ 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
CQlrtract without liability and may alao, in its discreti.oa, deduct from the QOnttact or purchase
2
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 ftrst written above.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Deputy Clerk
By:
Mayor/Chairman
Witness:cli ~~. BUSinesSN~~ .nfJt/.;(C
Witness: . _kk.~;{)~SJk, By: L ~
D
Title: t/ ;:::.
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08/07/2ElEH 10: 14 305-28'3-2535 PLAt~NING DEPT
11-28-1996 11 : 12PM FROM MARINE PROJ~CTS 295 4317
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