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Item B12 Revised 2/27/01 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 10-18-01 Bulk Item: Yes ~ No 0 Division: Growth Manaaement Department: Marine Resources AGENDA ITEM WORDING: Approval of the Contract Agreement between Monroe County and Slue Water Marine Services, Inc. for the emergency removal of DV3A3564 located off of Islamorada, Monroe County. ITEM BACKGROUND: The USCG and the F.W.C.C. requested immediate removal of this vessel due to it posing a threat to navigation and the general public. Two quotes received, A.S.AP., Inc.-$35,OOO and Slue Water Marine Services, Inc.-$12,968.42. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: New Contract ST AFF RECOMMENDATIONS Approval TOTAL COST: $12.968.42 BUDGETED: Yes ~ No 0 COST TO COUNTY: Staff Time Onlv REVENUE PRODUCING: Yes 0 No ~ AMOUNT PER: MO $ YR $ DIVISION DIRECTOR APPROVAL: K MANAGEMENT~ APPROVED BY: COUNTY A TTY~ OMS/PURCHASING f~ DOCUMENTATION: INCLUDED ~ DISPOSITION: NOT REQUIRED 0 AGENDA ITEM #:J - ;] / J--./ MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Blue Water Marine Contract # Svc., Inc. Effective Date: Expiration Date: 10-31-01 Contract Purpose/Description: Emergency removal of DV3A3564. Contract Manager: Kim McGee 4511 ... (Name) (Ext. ) (Department/Stop #) 10-18-01 Marine Projects Section #1 for BOCC meeting on Agenda Deadline: 10. 1-01 CONTRACT COSTS Current Year Portion: $ ! 2.968.42 157 - 62609~340 - Total Dollar Value of Contract: $ 12.968.42 Budgeted? Yes[j] No 0 Account Codes: Grant: $ lU"F County Match: $ Staff time Only ADDITIONAL COSTS Estimated Ongoing Costs: $ Ii I Alyr For: (Not included in dollar value above) (~. maintenance. utilities. ianitorial. salaries. etc.) CONTRACT REVIEW Comments: Changes Date In Needed _ ./: Division Director IP /0'1 f) / YesO No~ ~ Risk Management , C (~2- \ o( Y esO NO~' I eJ O.M.BJPurctlsing 1/J1)Ci YesO No~ County Attorney 1/z.<lft YesO No OMB Form Revised 2/27/01 MCP #2 Date Out I' Oil O( CONTRACT AGREEMENT AGREEMENT, MADE THIS day of 2001, by and between, Blue Water Marine Services, Inc. ("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 of DV3 A3S 64 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 October 31. 200 I . 3. The Contractor understands the rules of the Florida Department of Environmental Protection 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 $ 12.968.42 for the removal and legal disposal of DV3A3S64. 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, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by I 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 10-31-01 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. I I. 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 VL1, WC1, WCJA, GLI, WLl, & 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- I 990 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, in its discretion, deduct from the contract or purchase 2 pnce. 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 287.0 I 7 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: ~I;f-;;/,:Ic~ _ WItness: /// / ___( --.. ,~ ~ I . \ \ Busines&'~ame: b\ v 02.. W =_\ e / 'j Ii')' i! , I /f ( By: i L \, \..V' \, ,/; j ,L... / ./ l 1'.(\ - \ \ \. \ , 1'\ ' Title: c;:>-"', c.-..': , ~~/,~ A=ED,AS TO FORM /~ ~L" /J BY --f/(' //, , r RO~RT ,'" DATE!/ - ?'i ' 3 FWL ,*,tUHL t.1''lr ~t.H ~.:.~'-v:_~~V ~~... EXHIBIT & INCIDENT/SUMMARY REPORT NARRATIVE REPORTt en- ~A- '~7e6 ORJGSNAL g SUPPlEMEKT 0 .~ -.. = #: "-Ar:#t? ~..III t........l ~ V ~ a. I\J\"" '" """. I -'(" '-1.~ ,,~c.<~' \c:... c..'L \loL\..lr, !l..~ qf"'c..<.. s:'r2 ~..... ~u~ .,. c. ~ ,.." c..--r""""" a--.J ._ \ ,-=-, ............~.. ^-~ft.. w C't ..,...",.~... (C;~"'~~.,......,. ..,.u~ ..,..:~V',,\. ~ N A R R '" i I V E Numller ci lil...,VO'1l'fe - 1 HwmE>et oIln'IUlIg', tIQUB \Ill"'.... 15111".wre I )_ -. . \ ~ flftllwW"' Slinallll. 1'_ Nil....' oIl11onupllW _IS ga~ _Ltr;; 1_ q."t. .... . -0-- A o OIllC."o) R.por1lng (P'-IM"""II ~ V.. ....c: ,....-YC' · N R.vj~ By ,PII.N PrinO FWC'QI.E.04SA (1Z/OOI P. 01 DERELICT OR ABANDONED VESSEL REPORT DV-3A- 35~A. OR AV-3A- INCIDENT NO. Ol-JA- /370 ~ \ ) rI #'M~ 1. REGfDOC # /'!4 ~ LENGTH~ MAKE UN" W1AD~ TYPE \4r,.1~<=e...-..6..-r- ISVESSELCURRENTI.YREGISTERED? YES_ NO_ LASTREGlSTRATIONDATE:,.!1t STATE:~ HULL MATERIAL: WOOD_ F/G_ METAL(SPECIFY)5'J2:.:I""f- RUBBER_ OTIiER ALIEN: COLOR: WIIt11:1t::-M-y MOTORATIACHED: NO_ YES_ TYPE_B.I.N.: NAME ON VESSEL: OTHER IDENTIFIERS: FLOATING STRUCfURE: ~ 2. VESSEL OWNER/CUSTODIAN: \ 10...1 ""'-o.....1.....'-..t"~ D.O.B.: ,...h...n.. BOAT REG. ADDRESS: lJ......<< Cl1Y/STATElZIP: L1~'" DRIVER'S LICENSE NO.: l , ~'- OTIIERADDRESS:. .....v 3. PHYSICAL LOCATION OF VESSEL: 5/Y'l}A;-?/ZK 1kt2u:~,~ (/5 C r;.. ~77klCrr\.J LA TITUDEfLONGITUDE (DEGREES, MINUTES, SECONDS): .:;2 '-15 {, . l /o'if'o.35 ..3 4. CONDITION OF DERELlCf VESSEL: WRECKED_JUNKED VS-UB~JfiNTIALL Y DISMANTLED /" SUNK /" AGROlJND _ BROKEN UP _ BURNED_ CAPSIZED _ LISTING~ FULL OF W ATER_ OTIIER CONDITION OF ABANDONED VESSEL: ABANDONED /iNOPERATlVE_ PARTIALLYDlSMANTLE_ NO APPARENT INTRINSIC V ALUE_ PERSONAL ITEMS ONBOARD_ 5. SUBMERGED: 2-5 % DEPTH:--&'FT. DAMAGING SUBMERGED LANDS: YES_ NO_ OTHER PROPERTY DAMAGE: NO_ YES_EXPLAIN AFLOAT_ADRIFT_ INWETI..ANDS_ WASHED ASHORE_OTIIER TIED TO DOCK_ TIED TO OBJECT (SPECIFY),.ciIII"'d1....v~~ SECURED ANCHORED_PULLED TO SHORE_ BELOW M.H.W.L. J1C:' ABOVE M.H.W.L. _ OTIIER 6. CAUSE: UNKNOWN__ NATURAL DlSASTER_ OTIIER(E.'oUll'o) A~~ 7. PROPERTY OWNER: STATE SUBMERGED LAND_ FEDERAL PROPERTY_ O1IIER(sPECIFY)~~~ OWNER! ADDRESS ........... 8. THREAT TO NAVIGATION: YES '" NO_ UNK_ HOW iJ&cI6~ ~ ?oSh PWe,< vs~1:c5{;:;v;. 9. DANGER TO ENVIRONMENT: YES_NO_ UNK_ HOW 10. TOWED WITHOUT REPAIR: YES_ NO~ UNK_ OTIIER #"IJ7t.;71.':;1 <;~. 11. RECOMMENDED DISPOSITION: REMOVE FROM W ATERLTAKE TO LANDFILL_ RECYCLE METAL_ HA \IE THE OWNER/CUSTODIAN REMOVE IT_ TIJRN OVER TO ANOTIIER AGENCY _ LEAVE AS IS CREA TE MARINE HABITAT OR ARTIFICIAL REEF_OTHER 12. NARRATIVE / DILIGENT SEARCH: (EXPLAIN) .....so ....rL.H""6~~ ~C! H"~....~~\ c::.lSf:"' ~ ~L \ V;;'~al mom...". ~~Lo~ ~Sll:) (Me RqJUrt Cumpldal 0).7'0\ 1eVieWedBYt:-1-; I!:::r t,Alr!, LEt c& FWC 20-15"\(0301) \1_ PAGE I OF 3 ~, IV" 7 Vi "'" 5 in 5 i! 3 - '.: ~ 4 ...:::., Gto \. I 0 ...::::.., I .~;:\ CO ...:::.., 4 <,',~2...... -. ....::.' .0 l2 4. '. .K~y ...... I '...... /1 5 -~...::. ,. 3; " Slake Key. }.... :..~:~:::::~ ':::'. ~:', '.':,',': ;:::~ . 5 5 7 @ ,y 6 5 4 lit 5 7 5 6 6 7 8 7 7 7 !l IvrI 6 27 ~7 19 ".. 23 I 21 ,/ 2i /~ Dav;s Reef / A R 48 20116M" 4.' 76 IvrI 126 144 72 141 171 120 192 #..' ......~........., 246 ...........~~... 14~. 183."""/' J:f~"""" 234 .............-0 ~..41.:'!;'d~--\. '\11111111""'''' ..10 .,~ ~\\.o/"1S ~ 234 "'1, 240 ,\ 1.10 I, ~ ...':::-''''",,,,:;0 ~\\\,\Il"III" ",,f"',i ' 'I, ,...' \"" ,'\'rl'I'I' "";: '/ ,.,8........,--- ,~,~,,\.\\. OGNET,/II//. >< "':"'~~270 - 0 '-, ," "'~ \ _s./~ . ..f R.../ -,""" 240 7;.. \..... SA "-::- _:i _-_=~=--f; .......~_J~_ ._ \- _ V,),R 1';: ,', 114 276 2BB O~~ ww ~u W~iAU~ U.s.08partm1m. of ' Trans po nation United Statu Coast Guard . Commandant United States Caut Guard Station Islamorada 183 Palermo Or Islamorada R 33033 (305) 66~on ATrNj-int McGee On Sep 6,2001, a houseboat adjacent to Station Islamorada sank while tie to the pier. The houseboat has now become a hazard to navigation for the Coast Guard and general public. The situation is increasingly getting worse with every tidal change and vessel traffic. It is requested this situation be a top priority to the county in removing the derelict vessel, before an accident and or Coast Guard operations are impeded. a/~'l? Petty Officer Pineiro Officer Of The Day ~ ..... ',.. ~~'~5~~,l: ';}J'-:~i.r/':'~ . :",;.~ . - .. '.' . .;.- po :~, - ~- . ~. ;~ .,. . . COAST GUARD STATION ISLAMORADA 183 Palermo Drive la.a ftlor.d.,FL 33036 (305)664-8077/8078 .' "~ . CWO Stellhen M. Craddock Com..nellne ~cer .JIYC M. RolDh Executive petty Omcer MK1 P. Willis Engineering Pettr ~cer Total Pages I SUbject ~ Z/l"~ From ~() 1~;V6'/'Z.a Remarks 7il ~ 11-1/ '" \~ 'o~ie:. ..re,) % ~ <!6 .TJ'..-.....-ATIN 4~' '-?i!. ___Gr' . ~. .~