Item K21
RtMsed ~7101
BOARD OF COUNTY CO....IONERS
~q.NDA ITEII.----a.RY
Meeting 01.: 9--,8-02
Rule Ittm: 'fee ~ No 0
DIViIIon: Growth ..,.aement
~"Mnt: Marine Resgurces
AGeNDA n'EM WORDING: ApprOval of the Amendment to 1he AgreemenI between
Monroe COtJnty and Blue Water Marine ServIce, Inc. for the ntmOvaI of derelict v....1$
Zone 1J.220Z.
ITEM IACt:GROUND: The F.W.C.C. NlICldvlled the remainin8 bIt.nee of Monroe
County's gum funding has been certified forward and we can continue removing
derelict va_. The contractor has ...-ct to continUe removtng veseeIs lIS $38.68Ift.
(low bid for Zone II). There iIn, ,ufficient time to recall fot bid.. Upon .-cution of thie
.mend"*,: 1htn will be one month nttneining to ..mow epproximetely twe!'lty
additional vewels.
PREVIOUI RELEVANT 80CC ACTION: Contrad with Blue W8Iter Marine SeMon.
Inc. 8PPfOV'td 1-17-02.
CONTRAC'rlAGRlI'IENT CHANG,,: TIme Extenaton
8TAFF REf:OI1IIENDATIONS Approval
III
TOTAl COlT: 120.000
COST TO (:OUNTY: Staf1 nme OnlY
8UDG1TED: Ves ~ No 0
1~ Grant Funding
REVENUE PRODUC1NG~ Yes 0 No ~ AMOUNt PER: MO $_ YR $
APPROVEO BY: COUNlY ATTY\8I OMIIPURCHAS RISK MANAGEM!Nl1&J
IlM810N ElRECTOR APPROVAL: ;'.~.I ~
. ,AJC~tOT~
DOCUMENrATION~ INCLUDED ~ TO FOLLOW 0 NOT REQud~D 0
DISPOSI1l)N: AGENOAITEMt: ~//
MONRoe COUNTY BOARD OP coUN1'Y coMMISSIONERS .'
...
CONTRACT SUMMAllY
ContraCt with: Blue Wa~ar Marine
Service.. tile.
eoDtnd j
EfI=ctive Dale:
Expiration Date: __10-1.5-02
Contract Purpcse/Description:
Am cud con~ract;
for r..moval to 1I.ftr _Nu,d s,nl'nnn
ContraCt Mmlger:
tC.ia M~c..
(NamD)
4511
(ExL)
Marine IS! ..
(DepWlnlllatlStop #)
Marine PI~J.C~S Section '9
9-4-02
for BOCC 1Del~ on
9-18-02
AgenP. DWline:
CONTRACT cOSTS
Total Dollar' r aluc of Contract: S 20 ,000 Cummt Year Portion: S ZO .000
Bucipted?Y,ai:! NoD AccouatCodes: hL..-...um-.~.GBD2J~ 530340
Gmat: S 21,000 -------,..
COUDty MateJa: S B/A --------..
. .. - ..
- ....--....- ----- ....----
ADDmONAL COSTS
E~ed QlIgomg CostS: S_/yr For:
('Not included ill dol- vIlue abovel (est w.i.A~ utilities. illlitorizll. .... etc. \
...
coNTRACT REVIEW
Date Out
Division D~:etor
,
S--Q"t.
CommentS:
OMS Fonn R.:viHd :zJZ7iOl MCP #2
CONTRACT AMENDMENT
TillS AMENDMENT TO THE AGREEMENT is made and entered into this
day of 2002, between the County of Monroe, hereafter
County, and Blue Water Marine Services, Inc., hereafter Contractor, in order to amend
the agreement between the parties dated January 17, 2002 a copy of which is attached to
this amendment.
The County and Blue Water Marine Services, Inc., amend section 2 of the January
17, 2002 agreement as follows:
2. The work performed under the Contract shall commence immediately from the
date Liaison provides the Notice to Proceed and shall be completed by October
15,2002.
3. The Board shall pay the Contractor $38.55 per linear foot for the removal and
legal disposal of Florida Fish and Wildlife Conservation Commission marked
derelict 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. Monroe County's
performance and obligation to pay under this agreement is contingent upon an
annual appropriation by the BOCC.
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 I Chairman
(Seal)
Attest: Danny L. Kolhage
By:
~
By:
Title: rAfl~
:::~~/
\ '.
"
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AGREEMENT, MADE TInS
CONTRACT AGREEMENT
11'ttdayOf Jtw
2002, by and
between, Blue Water Marine Services, IDe. ("Contractor"), and the BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORID~ 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 ll-North end of the Seven
Mile Bridge to the Monroe County line.
2. The work to be performed under this contract must be completed by Mav IS.
2002.
3. The Contractor understands the roles 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 ~ are understood by the Contractor.
4. The Board shall pay the Contractor $ 38.55
per linear foot for the removal and legal
disposal of Florida Fish and Wildlife Conservation Commission marked derelict 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, fonn 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 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 two sets of photographs of each vessel in
all phases of the removal and disposal process. The Contractor will be responsible for all costs
associated with the production of these photographs. Failure to provide required documents may
result in non-payment.
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
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 5-15-02 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.
11. 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 fonns VLl, WC1,
WCJA, GL1, WLl, & 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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t,
..
12. The Contractor warrants that it bas 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. 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, 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 bas 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
WHEREOF each party hereto have executed this Agreement the day and year first
BOARD OF COUN1Y COMMISSIONERS
OF MONROE CO , FLORIDA
By:
Mayor/Chairman
Witness:
t' Y ~I j.....e
Witness:
By:
Title:
3