Item L21
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 2-19-03
Bulk Item: Yes (gI No D
Division: Growth Manaaement
Department: Marine Resources
AGENDA ITEM WORDING: Approval to waive bidding policies and procedures and of
the Contract Agreement between Monroe County and Amold's Auto and Marine Repair,
Inc. for the removal of selected derelict vessels located off of the lower Keys.
ITEM BACKGROUND: There were additional vessels remaining in the lower Keys that
needed to be removed. The Contractor agreed to remove the additional vessels for the
low bid price of $44.52 per linear foot including all phases of removal and disposal.
They were also available immediately.
PREVIOUS RELEVANT BOCC ACTION: Contract with Amolds' Auto & Marine Repair
approved 1-17-02, Amendment One approved 7-17-02, AmendmentTwo approved 9-
18-02.
CONTRACT/AGREEMENT CHANGES: New Contract
STAFF RECOMMENDATIONS Approval
COST TO COUNTY: Staff Time Onlv
BUDGETED: Yes 181 No 0
FUNDING SOURCE: BIF
TOTAL COST: $13.044.36
REVENUE PRODUCING: Yes 0 No 181 AMOUNT PER: MO $ YR $
APPROVED BY: COUNTY ATTYI8I OMB/PURCHASIN
DOCUMENT A TION: INCLUDED (gI
DISPOSITION:
--
DIVISION DIRECTOR APPROVAL:
~
AGENDA ITEM #:
NOT REQUIRED D
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACf SUMMARY.
Contract with: Arnold's Auto & Marine COntract #
Repair, Inc. Effective Date:
Expiration Date: 3-31-03
Contract Purpose/Description:
R~oval of Derelict Vessels. Lower Kevs.
COntract Manager: Kim McGee 3911 Marine Resources-
(Name) (Ext. ) (Department/Stop #)
Marine Projects Section #9
for BOCC meetUm on 2-19-03 Aslenda Deadline: 2-5-03
CONTRACf COSTS
Total Dollar Value of Contract: $ 13.044.36
Budgeted? YesliJ No 0 Account Codes:
Grant: $ BIF
County Match: $ N I A
Current Year Portion: $ $13 .044 .36
157 - 62600 53G- 340-
ADDmONAL COSTS
Estimated Ongoing Costs: $ N I A Iyr For:
(Not included in dollar value above) (eR. maintenance. utilities. ianitorial salaries. etc.)
CONTRACf REVIEW
Comments:
':L/~ ,L f-
Date Out
Division Director
Risk Management
O.M.B.JPurchas .
~ -Io-o~
County Attorney
LL(~.(
I
ARNOLD'S
AUTO & MARINE REPAIR. INC.
5540 3rd Ave., Stock Island
Key West, FI 33040
Kim McGee
Marine Projects Coordinator
5503 CoIlege Rd., Suite 20 I
Key West. FI 33040
Dear Mrs. McGee.
We agree to remove and legaIly dispose of all vessels listed in Exhibit A for original contract price of
$44.52 per linear foot.
;~el:. /2
~J/ f2/. cf~
Richard W. Arnold Sf.
Owner
~
CONTRACT AGREEMENT
AGREEMENT. MADE THIS
day of
2003, by and
between. Arnold's Auto and Marine Repair, Ioe. ("Contracto(), and the BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, ofthe 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 and legal disposal of selected derelict vessels listed
in Exhibit A,
..,
The work to be performed under this contract must be completed by March 31.
2003,
3. The (" llntractor understands the rules of the Florida Department of Environmental Protection
and shall compiy \vith those rules, along with the rules and procedures instituted by the Board to
ensure clI1mkr!) progress to the project. Both the intent and the requirements of the
Specific:.llk'ih. .lttached as Exhibit B, are understood by the Contractor.
4, Th-: '),<,:rd shall pay the Contractor $ 44.52 per linear foot for the removal and legal
disposal .'j ..;ct::;C:: \essels listed in Exhibit A. Total project cost $13,044.36. Payment will be
UpOI1 :~"i~" .~, '. .t' work by the Contractor and review and approval by the Marine Projects
Coord ilL. .
), ll~: ,:.:~:::d Exhibit A, Specifications, and the Monroe County Insurance Requirements
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together .. ,. \~reement, form the Contract. They are fully a part of this Contract as if
repe~tec' ., :-r'atlm.
6, ,;c::.:.:h)r covenants and agrees to indemnify and hold harmless the Monroe County
Board '.' ,)!TImissioners from any and all claims for bodily injury (including death),
1
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 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 & 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 3-31-03 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 forms VLl, WCl,
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WCJ~ GLl, 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 prolubition of Section 2 of Ordinance
No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-
2
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 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 \VIDESS WHEREOF each party hereto have executed this Agreement the day and
year first \\Tinen ~lt)('\ e,
(SEAL )
Attest: D'-\~<'. \- ;. :~OLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
D~r;~~r~\ :..:rk
By:
Mayor/Chairman
Bustz;;tffc/~~{~;;.1
By. ~
t1t;yq-C7f
By:
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WitneSs: ~_
Witness:
Title:
"C. ..-:, C.J AS
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3
3685
3640
3694
3646
3728
3729
3663
3222
3651
3675
3669
3653
25'
18'
13'
18'
32'
24'
24'
42'
30'
20'
24'
23'
$1,113.00
801.36
578.76
801.36
1,424.64
1,068.48
1,068.48
1,869.84
1,335.60
890.40
1,068.48
1,023.96
EXHIBIT A
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