Item L07
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 4-16-03
Bulk Item: Yes ~ No 0
Division: Growth Manaaement
Department: Marine Resources
AGENDA ITEM WORDING: Approval of the Contract Agreement between Monroe
County and Spirit Marine Towing & Assistance for the removal of DV3A3737 located off
of Horseshoe Key,
ITEM BACKGROUND: This derelict vessel is a heavy 37'sunken sailboat that is posing
a hazard to navigation by being unlit. Two quotes received, Blue Water Marine
Services-$23,456.78, and Spirit Marine Towing & Assistance-$9,OOO.00.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: New Contract
STAFF RECOMMENDATIONS Approval
COST TO COUNTY: Staff Time On Iv
F.W.C.C. DV Grant (2.336.03)
BUDGETED: Yes [8J No 0
FUNDING SOURCE: BIF($6.663.97) &
TOTAL COST: $9,000.00
REVENUE PRODUCING: Yes 0 No [8J AMOUNT PER: MO $ YR $
APPROVED BY: COUNTY A TTY[8J OMB/PURCHASING[8J RISK MANAGEMENT[8J
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: INCLUDED [8J TO FOLLOW D
DISPOSITION: AGENDA ITEM #:
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; ,- ~ JCS. 38 FROM. MONROE COUN1'Y PURCHAS 1 NC
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FROM :Blue Water MarIne ServIces
FAX NO. :305 230 3090
Mar. 19 2003 03:21PM P2
Blue Water Marine Services, Inc.
d/b/a
TowBOATIU.S. South Dade
P.o. BOX 901716
Homestead, Florida 33090-1716
Phone (305) 230-0030
Fax (305) 230-3090
QUOTATION
March 19, 2003
TO: Monroe County Marine Projects
From: Blue Water Marine Services, Inc.
SUBJ: Removal ofDV-3737
The following quotation is for the removal ofDV -3137 located in Big
Pine Key. DV-3737 can be removed for the sum of $23,456.78. Blue Water
Marine Services, Inc. understands it is responsible for all disposal costs.
Respectfully Submitted,
03/23/2003 23:21
24 Hr.
Service
3058727&92
~UH' 1 N
~l4t.:1~ t.1J.
S~AssISiAN~
Our Experience will save you Time and Money
March 20, 2003
Kim McGee
Marine Projects Coordinator
At fax # 295-3917
PROPOjAL
Spirit marine proposes to do the following work: Remove and properly dispose
of the derelict vessel "Dawn" located in shallow water nortb of Horseshoe Key. Vessel is
also described as DV # 3737.
CQST: ~OOO.OO
DUKE PONTIN · P.O. Bo. 244 . Big Pin. Ke" Florid. 33043
(305) 872-2752
VHF
Ch. 16
CONTRACT AGREEMENT
AGREEMENT, MADE THIS day of 2002, by and
between, Spirit Marine Towing & Assistance ("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:
I. The Contractor shall furnish all the materials and perform all the work as
required by the Specifications for the emergency of DV3A3737 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 May 16.2003.
3. The Contractor understands the rules 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 the requirements of the Specifications, attached as Exhibit B, are understood by the
Contractor.
4. The Board shall pay the Contractor $ 9.000.00 for the removal and legal disposal of
DV3A3737. 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,
I
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 II 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 5-]6-03 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.
] O. 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.
] ]. The Contractor will be responsible for all necessary insurance coverage as indicated by an
"X" on the attached forms identified as INSCKLST ]-4, as further detailed on forms VLl, WC],
WCJA, GLl, WL], & POLl attached as Exhibit C. All policies must list Monroe County as
additional insured with the exception of the Worker's Compensation policy.
]2. 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. 010-] 990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-
] 990. For breach or violation of this provision, the owner may, in its discretion, terminate this
2
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 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
Deputy Clerk
By:
Mayor/Chairman
By:
Wnne<s: ,71.' ~~
Witness' \ /lT~. / / 'ie,.! ,;~,- J
. ........ ~ ........., 1.,/ -t-- " ,4- i ..,-.... -. :i
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Business Name: 5 PI/V r NI/~/Nt
By:i" ero
Tit' /"1A/IJI4 ~ 61L
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EXHIBIT A
DE.JlELICT.OR ABANDONED VESSEL REPORT
DV# 373'7 or AV#
INCIDENT # OJ-SE-44- 155 B S D
2.
REGIDOC# R...~4qn Bu LENGTII!1FI'. MAKE "'TJ.:ll..to..l.t'-c.."" TYPE ~AlLI~
CURRENlL Y REGISTERED? YES_ NO ~ LAST REGISTERED DATE C:). If. 0 ( STATE ~,
H.LN. "Z.'59 ~57 (IQAi) ALIEN? NOJES_ ~TCOUNTRY? u C.a
HULL MATERIAL: WOOD ~/G_ MET AL(SPEClFY) RUBBER_ OTHER (SPECIFY)
COLOR Wl.&~ MOTORATIACHED? NO_ YES_OIB_I10~IN~ HOWMANY? 11u ,....
ANY NAME, WORD, DISPLAY OR OTHER IDENTIFIERS? u Io.),~
CUSTODIAN OR OWNER ~~ea.~.." Co. e~t....JO DATEOFBIRTII
ADDRESS 2'2.~ ~co-.- PO~Loa. CITY/STATE/ZIP l"UAI2.U!!!~"t"..,..1. ~.t:. 'LQ.4M3
DRIVER'S LICENSE# S/S# OTHER ID
VESSEL'S PHYSICAL LOCATION ~ _'L~ ~t'lI2:T"" eI: C-fct2.sPo ~..H. r:t..on./na. P.Q'( MARKER
NEAREST LANDMARK \"""'Cl~-=\-l""r=;' .....z"'f LATILONG tJ %4 0.47. 2. P-.~ \Iv ~l 0 '9. ~:~&
DERELICT VESSEL CONDITION: WRECKED ~ JUNKED -!!::::' SUBSTANTIALLY DISMANI1..ED
ABANDONED...!:::::. SUNK..Jo:::::. BROKEN upL PART OF A VESSEL_ BURNED_ CAPSIZED_LISTING..-..
SCUTTLED_ FULL OF HOLES_ Fll..LED WITH WEIGIIT_ FULL OF WATER..!.. OTHER
NUMBERS OR IDENTIFIERS REMOVED_VESSEL IS A HEAL TII HAZARD(ExpLAIN)
ABANDONED VESSEL CONDmON: ABANDONED~ INOPERATIVE~ PARTIALLYDISMAN1LED_
NO APPARENT IN1RINSIC V ALUE_ PERSONAL ITEMS ONBOARD i OTHER
VESSEL IS: AFLOAT_ ADRlFT_ AGROUND -t.:::: WASHED ASHORE_ IN WETLANDS_ DOCKED_
PULLED ONSHORE_ ANCHORED_TIED TO OBJECT(sPEClFY)
CAUSED BY: NATURAL DISASTER_ UNKNOWN~OTHER
SUBMERGED , D % DEPTH I FEET DAMAGING SUBMERGED LAND: NO_ YES_ UNK s--
INJURINGBENIHICCOMMUNITY: NO_ YES_ OTHER: u&.)~
OTHER PROPERTY DAMAGE: NO_ YES_ (EXPLAIN) U~~
PROPERTY OWNER: ST ATE SUBMERGED LAND...J",::::" FEDERAL_ OTHER
OWNER/ADDRESS
NAVIGATIONAL HAZARD: NO_ UNK.J...::'"'"YES_(EXPLAIN)
TOWED WITHOUT REPAIR: NO..,....I.JNK_ YES_(EXPLAIN)
ENVIRONMENTAL THREAT: NO_ UNK..0ES_ (EXPLAIN)
RECOMMENDED DISPOSITION: LEAVE AS IS_ REMOVE FROM W ATER.s..:::::' TAKE TO LANDFILL &,...-
CREATE MARINE HABITAT_ HAVE OWNER/CUSTODIAN REMOVE_ OTHER
NARRATIVEIDILIGENTSEARCH: .Bo"DlIClo.."1' L.JI!:~a.. MA',,s::~ no.).... ("\~ Ol.~"2...0"3 ~c
~H~.IIJ ~wo~~.
REPORTlNGOFFICER&lDh""" \11<",,,,_ L"PE;z B5cD .'ON)/ ~...... 0 .t .,....-L
OFFICER'S AGENCY & ADDRESS ~w L "'2."''' 4 CoIL ~\A\.). Iv\AI2.4"""U"I) \ F'L ~oSc DATE '.'Z:Z .03
REVIEWED BY(pRMrlH S.~.60l.t)W -'-1)\30 (SIGN) t# /~~ 01")0 DATEO/-Z';-03
FWClDLE-048
\..c./M
DV 3737
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