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Item M24 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 5-21-03 Division: Growth Manaaement Bulk Item: Yes ~ No D Department: Marine Resources AGENDA ITEM WORDING: Approval of the Contract Agreement between Monroe County and Spirit Marine Towing & Assistance for the Emergency repair of channel markers #1 & #20, Kemp Channel. ITEM BACKGROUND: These County owned aids to navigation were damaged and needed to repaired immediately. Two quotes received, American Underwater Contractors, Inc-$2,490.00 & Spirit Marine Towing & Assistance-$2,340.00. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: New Contract STAFF RECOMMENDATIONS Approval TOTAL COS-;-; 3.2.340.00 BUDGETED: Yes ~ No D FUNDING SOURCE: SIF COST TO C': :.;.'JTY: Staff Time Onlv REVENUE.J.'::;:'UCING: Yes D No ~ AMOUNT PER: MO $ YR $ APPRO\/,::': ,:OUNTY A TTY~ OMS/PURCHASING ISK MANAGEMENT~ DIVISION ;: :;:::TOR APPROVAL: DOC Ui'vlE . ,vN: INCLUDED ~ TO FOLLOW D NOT REQUIRED D DISPCSiT:_ . AGENDA ITEM #: /7JY MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Spirit Marine Towing Contract # & Assistance Effective Date: Expiration Date: Contract Purpose/Description: Emergencv reDair of Channel Markers KemD Channel. Contract Manager: Kim McGee 3911 Marine Resources (Name) (Ext. ) (Department/Stop #) Marine Projects Section #( for BOCC meeting on 5-21-03 Agenda Deadline: 5-6-03 CONTRACT COST;, Total Dollar Value of Contract: $ 2,340.00 Budgeted? YesliJ No 0 Account Codes: Grant: $ BIF County Match: $ N/ A Current Year Portion: $ -15L-~340 2,340.00 - - - ---- - - - ---- - - - ---- ADDITIONAL COSTS Estimated Ongoing Costs: $ N/A Iyr For: (Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.) CONTRACT REVIEW Division Director Changes Needed YesD NorJ Risk Management S'I; /03 Y esD No~ O.M.B.lPurchasing & 0"-,;:;)' esO No~ , . '- Oi)ruh-<-- CountyAttomey SI2-(C3 YesONo[6" ::; /h~ Date In 5/1/'3 Date Out {f) ~ ~/() "J Comments: OMB Form Revised 2/27/01 MCP #2 t County of Monroe Deoartment of Marine Resources 2798 Overscas Highway. Suite 420 Marathon. Florida T,OSO Phone: nOS) 2W)-2X()S FAX: n(5) 2Xl)-2S:1() Board of Countv Commissioners Mayor Dixie Spehar, Dist. 1 Mayor Pro Tern Murray Nelson, Dist. 5 Comm. Charles "Sonny" McCoy, Dist 3 Comm. George Neugent, Dist 2 Comm. David Rice, Dist 4 April 17, 2003 To: From: Re: Kim \'lcGee. \1arine Projects Coordinator Richard Jones. Marine Resources Planner Kemp Channel markers Kemp Channel GU". 1 has been knocked down and is missing. The marker needs to be replaced as soon as pos:".. c: ",dditional signage in Kemp Channel is also in need of maintenance. Please send out them::_ Scope of Work to qualified contractors for these repairs. 04/28/2003 10:34 3~~l:J1'l.7592 CUH- IN r~'::u~. U,j,. 24> Hr. Service SF!!Y!w~ASSisTAi~ Our Experience will save you Time and Money April :8~ 2()O: Kim Mc(;~c Manne p;-O);';::;:::; CGordinator At fax <1 =:9"." ; 7 PROP0:-;. ::', r~. ;,,: proposes to do the following work: Replace DBN 1. Kemp Channel - -"" .1 gnage). Replace signs on DBN 20, Kemp Channel. Spirit Marine ._~ilals (marker'" w111 prc\ ':;e performed in a professional manner and to the standards of Mom; cos>~. "" . ".'l . P.O. Box 244 . Big Pine Key, Florida 33043 (305) 872-2752 VHF Cll. 16 04/28/2~~3 1~:34 jtj':ll::l f'L fb':n CUrt- 1 N t"/-ll.;lt UJ. 24 .Hr. Serv ice S~w~ASSiSW~ Our Experience will save you Time and Money April 28. '2003 Kim McGee Marine Projects Coordinator At fax #: 295-3911 PROPOSAL Spirit Marine proposes to do the following work: Replace DBN 1, Kemp Channel (marker piling and signage). Replace signs on OBN 20, Kemp Channel. Spirit Marine will provide all materials. All work wiIJ be perfonned in a professional manner and to the standards of Monroe County. COST: $2~40.00 DUKE PONTIN . P.O. Box 244 . Big Pine Ke,. Florida 33043 (305) 872.2752 VHF eh. 16 CONTRACT AGREEMENT AGREEMENT. MADE THIS day of 2003, by and between. Spirit :\-1arine Towing & Assistance (" Contractor "), and the BOARD OF COUNTY CO\l\lISSIONERS OF MONROE COUNTY, FLORIDA, of the County of Monroe. Stute of Florida (Board). The Contractor and the Board, for the consideration named, agree as follows: I, Tic.: (',mtractor shall furnish all the materials for the Emergency repair of Channel \l'= 1 and #20, Kemp Channel, Scope of Work and Map are attached as Exhibit. \. .., performed under the Contract shall commence immediately from the "ides the Notice to Proceed and shall be completed by May 31, 2002. 1':lctor understands the rules and procedures instituted by the Board to . :;ress to the project. ; shall pay the Contractor the total sum of $2,340.00 for the . Channel Markers #1 & #20 Kemp ChannelIisted in Exhibit A. n completion by the Contractor and review and approval of the close the Marine Projects Coordinator. \.)fWork/Map attached Exhibit A, Specifications attached as Exhibit .Zcquirements attached as Exhibit C are fully a part of this Contract :rbatim. date the f ensure ..:' Erner:;: ' PaVITk" out de B. JI' . as if CONTRACT AGREEMENT day of 2003, by and AGREEMENT. MADE THIS 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 Cuntractor and the Board, for the consideration named, agree as follows: I. Th'..' C\mtractor shall furnish all the materials for the Emergency repair of Channel \Lw'.crc; ='1 and #20, Kemp Channel, Scope of Work and Map are attached as Exhibit, \. -, ;",- performed under the Contract shall commence immediately from the .:\ides the Notice to Proceed and shall be completed by May 31,2002. ractor understands the rules and procedures instituted by the Board to \) gress to the project. J shall pay the Contractor the total sum of $2,340.00 for the . Channel Markers #1 & #20 Kemp Channel listed in Exhibit A. '11 completion by the Contractor and review and approval of the close . the Marine Projects Coordinator. ofWork/Map attached Exhibit A, Specifications attached as Exhibit . Requirements attached as Exhibit C are fully a part of this Contract erbatim. date the . ensure ..'C Emerg~ . Paym: :' out ,,L B. an as if 6. The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of the County Commissioners from any and all claims for bodily injury (including death), personal injury, and the property damage (including property owned by Monroe 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 the paragraph 11 does not vitiate this indemnification provision. 7. The Contractor acknowledges his! her intention to comply with the need to coordinate all work with the appropriate environmental agencies, the U.S. Coast Guard, and the County. 8. The Contractor agrees to supply the County with a set of photographs of the debris removed along with a letter certifYing completion of work. The Contractor will be responsible for the camera, film, and development costs. The Contractor also agrees to provide transportation for the Liaison to conduct a site inspection. 9. The Contractor understands and agrees that no payment will be made for this project without required photographs and written certification of completion. 10. Due to the use of heavy equipment and, at times, dangerous work environment, the Contractor understands and agrees to maintain an alcohol and drug free work environment. 11. The CONTRACTOR will be responsible for all necessary insurance coverage as indicated by the an "X" on the attached forms of Exhibit C identified as General Insurance Requirements and INSKLST 1-4, as further detailed on forms WC1, WCJA, GL1, VL1, & WLl. All policies must list Monroe County as additional insured with the exception of the Workers 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. 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 direction, 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 real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO ($10,000.00) for a period of36 months from the date of being placed on the convicted vendor list. 14. The Board may terminate this Agreement with or without cause at any time upon giving the Contractor up to 10 days notice in writing. The Contractor, upon receipt ofthe notice, shall immediately cease work. The Board must pay the Contractor the percentage of the contract price which is satisfactory to the Board up to date the contractor received the notice of termination. 14. This Contract is governed by the laws of the State of Florida. Venue for any litigation arising under this contract must be in Monroe County. IN \VITNESS WHEREOF the parties here to have executed this agreement by the day and year tlrst written above. (SEAL) Attest: D/\N!',.Y L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: BY: Mayor/Chairman DepUl\ \, ,;;;'0; Witness: i(!d((f Business Name: S'PIR.IT 1'1r1/?/N€' By: ~ tel . ~#~ Tit~ '/1tV/1 {;6 iZ . Witness: EXHIBIT A Scope of Work For Kemp Channel Aids to Navigation Channel marker repairs at Kemp Channel are needed. The awarded contractor shall replace DBN 1 and replace signage on DBN 20 (both standard size markers). The contractor shall supply all new materials and hardware, including piling caps. The repairs and installations shall meet the Monroe County Department of Marine Resources specifications. The following work shall be provided: DBN 20 Signs faded Work to be performed Replace piling (1) and signs (2) and dispose of broken piling if found Replace signs (2) Channel Kemp Ch Marker DBN 1 Discrepancy Marker missing Contractors should refer to Monroe County 'Specifications For the Repair/ Replacement/Installation of Aids to Navigation, Regulatory Markers, and Information Markers' (updated 04/15/02) for more detailed information. Contractors must coordinate the installations with Richard Jones, Marine Resources Planner (305 289-2805), to ensure that all work is performed satisfactorily. Replace' Signs ~ =- 311 ::m ::m :::sa ~ ~ ~ ~ ~J" ~ ~ ~ ') .' 1l1~6 ~4 &0 ...,"\ 'J-: ",\ !II ,':'S~' A2A ~2 , r \ \' 1!!1~ ~ f'J... V 019"18 ~~ .~ ":~'''; G cdl 1!!17 015 ,,14 IS 612 1!Il1 III r!!1~ I!l> '."place ~SN 1 ~ !II Lll4 "'. I!Il t2.