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Item L11 Revised 2/27/01 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 6-19-02 Bulk Item: Yes ~ No 0 Division: Growth Manaaement Department: Marine Resources AGENDA ITEM WORDING: Approval of the Amendment to the Agreement between Monroe County and Blue Water Marine Services, Inc. for the removal of DV3A3575. ITEM BACKGROUND: The Contractor has requested a time extension to complete the removal of derelict vessel 3575 located off of Key Largo. This request is being made due to equipment failure and a heavy work load in Boot Key Harbor. PREVIOUS RELEVANT BOCC ACTION: Contract approved 1-17-02. CONTRACT/AGREEMENT CHANGES: Time Extension STAFF RECOMMENDATIONS Approval TOTAL COST: $5.249.1l 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 TrY~ OMS/PURCHASING ISK MANAGEMENT~ DIVISION DIRECTOR APPROVAL: rry, AICP DOCUMENTATION: INCLUDED ~ DISPOSITION: NOT REQUIRED 0 III AGENDA ITEM #: ~ MONROE COUNTY BGARo OF COUNTY COMMISSIONERS v CONTRACT SUMMARY Contract with: Blue Water Marine COntract # Services, Inc. Effective Date: Expiration Date: Contract purposelDescription: Amendment to Agreement for a Time Extension COntract Manager: Kim McGee 4511 Marine Resources-Marine (Name) (Ext. ) (Department/Stop #) Projects Section for BOCC meeting on 6-19~2 A2enda Deadline: 6-5~2 CONTRACT COSTS Total Dollar Value of Contract: $ 'i _249 .12 Current Year Portion: $ 5,249.12 Budgeted? YesliJ No 0 Account Codes: 125 - 5370..62512- 5304i0 GB0212-530340 ~:$ 5,249.12 County Match: $ w I A ADDITIONAL COSTS Estimated Ongoing Costs: $ HI A Iyr For: (Not included in dollar value above) (e2. maintenance. utilities. ianitoriaL salaries. etc.) CONTRACT REVIEW Changes Date In Needed / Division Director ~ l1liVYesD No~ .-.J Risk Management fa - ~~esD NoGd O.M.B.lPurchasing G,l l\ \bZ- Y esD No~ I County Attorney iD/3/ t) z- YesD NofE1 - .- 0, :-1=--7CH$~ EX~~~~/TqI9Jk.s / . ~ Date Out '" ,IIV Comments: OMS Form Revised 2/27/01 Me? #2 ---.~ -- Blue Water Marine Services, Inc. D/B/A Tow BOATIU.S. South Dade P.o. Box 901716 Homestead, Florida 33090-1716 PhonelFax (305) 230-0030 February 15,2002 To: Kim McGee-Marine Projects Coordinator From: Blue Water Marine Services, Inc. In regards to the removal ofDV3A3575 located in Key Largo please accept this letter as a request for additional time to complete this removal. This request is being made due to unexpected equipment failure and a heavy workload in Boot Key Harbor. Thank you for your consideration concerning this matter. smce~Jjj~ Capt. Todd Seeds """'--- AMENDMENT T 0 AGREEMENT THIS AMENDMENT TO THE AGREEMENT is made and entered into this day of 2002, between the County of Monroe, hereafter County, and Blue Water Marine, Inc., hereafter Contractor, in order to amend the agreement between the parties dated, a copy of which is attached to this amendment. The County and Blue Water Marine, Inc., amend section 2 and 9 of the January 17,2002 agreement as follows: 2. The work to be completed under this contract must be completed by March 31, 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 3-31-02 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 By: Blue Water Marine Services, Inc. By: tc~ 11 vL LL Title: dr\/~~ / ~.... CONTRAil AGREEMENT AGREEMENT, MADE TIllS /1 daYOf~2002,byand between, Blue Water Marine Services, IDC- ("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 ofDV3A3575 for which a Florida Fish and Wildlife Conservation Commission Derelict Vessel Report is attached as Exhibit A. 1 \: 2. The work to be perfonned under this contract must be completed by Febrnarv 28. 2002. 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 Exlu'bit B, are understood by the Contractor. 4. The Board shall pay the Contractor $ 5.249.12 for the removal and legal disposal of DV3A3575. 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 1 -- . "",-, 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 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 I 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 2-28-02 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. 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 VLl, WCl, WCJA, GLI, 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 contract without liability and may also, in its discretion, deduct from the contract or purchase 2 - -~.. ~.-..- .. "",,-.- price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the fonner 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 perfonn 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 be'.ng placed on the convicted vendor list. IN WITNESS WHEREOF each party hereto have executed this Agreement the day and ,,;-'Fnra: ~ above. ..{;':>-j~ '-;~~? ;~~, "';1 C:<i:\ \ j..J ~. '\'-'\ ." . ,. \~ . \ /t..-.. \~....<t - .;~r"" \ \ ~... ~ ~ !:;~ . -'1'....,.." \ ^ ..... \... ~~: l:':.:~~.~:'.. \ '~,~~~.::.:.Ffi ;:: ": '. (SEAL~ -;'.15 -; :;\~~-l. ~'L KOLHAGE CLERK ,\.~~~ si,"' ,~Y' ., # ' :'~~....-vL 7< 7~/~~ Witness: Witness: APPROVED AN Al AS TO'FO~!_: BOARD OF COUNTY COMMISSIONERS OF MONROE COugJ( FLORIDA By: Mayor/Chairman . BIIs.iMsSNurek ~r ,tff/;p;,.e By. P( _ ,4- - m:~~~ \d..-t \ <<1 en ~, Marsha Sines f.'ij):*i MY COMMISSION' 00010121 EXPIRES ,\\ . = June 3, 2005 'f.Rf..r.<. ,~ BONDED lHRU TROY FAIN INSUIlANCf. INC 3 -- - ---.