Lind Marine NPSA 20240404 - Laserfiche WebLink

Home

Non-Professional Services Agreement between City of San Leandro and Lind Marine —Exhibit A Page 2 of 3 render messenger lines. Once this is complete divers will raise the two sunken boats in the marina. Once we have confirmation that all three of these objectives have been met LMI will mobilize equipment to be onsite ASAP and make an attempt to crane pick all three vessels in one day, tides and weather permitting. Exclusions 1. Due to the unknown duration the vessels have been sunk or what condition their hulls are in or why they sank, no guarantee can be made for a successful re -float. In the instance the re-float attempt is made but unsuccessful City of San Leandro will still be responsible for the re-floating cost outlined in the Pricing template above but will not be charged for the removal and disposal cost. If unsuccessful a revised proposal with adjusted methodology and pricing can be provided to City of San Leandro upon request. 2. If the vessels are successfully raised there will be time in -between their re-float and LMI arriving onsite for removal. Should the vessels sink for any reason in that time City of San Leandro will be charged for the re-floating cost listed on the Pricing Template in Exhibit B but not for removal and disposal. If the vessels sink while LMI is mobilizing and underway and sunk before arrival, City of San Leandro will be charged an additional Mob/Demob fee of $20,000.00. LMI will schedule the raising and removal as close together as possible with raising taking place one day and LMI to arrive onsite the next to mitigate the potential for scuttling, stealing or the vessels sinking due to their disposition and deterioration. 3. This proposal is contingent on all three vessels being raised at the same time and removed at the same time. If City of San Leandro would like to do one at a time a new proposal with adjusted methodology and pricing can be provided. 4. If the vessels are moved out of the marina, stolen, sunk or found to be in a disposition deemed not safe for tow at time of project start date San Leandro will be notified and a revised proposal with adjusted scope of work and or pricing will be submitted. 5. Security is an issue at San Leandro Marina and as such LMI requests that City of San Leandro provide Public Works support throughout the project and PD support if needed. 6. San Leandro Marina nor the channel have been dredged in many years and as such is very shallow especially at low tides where the vessels sit on mud. As such tides will very much dictate scheduling in addition to normal factors associated with this scope of work. 7. LMI will inspect each vessel before tow and have pumps on standby ready to de-water should water ingress occur during tow or while awaiting crane pick. Should the amount of water overtake pumps, causing the vessel to sink in the Marina or channel, LMI will not be held liable nor responsible for any property damages arising out of the loss of the vessel, except such liability caused by the sole negligence or willful misconduct of LMI. A new proposal can be provided in such an instance to refloat and remove the vessel through separate written agreement between the parties; removal of the sunken vessel is specifically excluded from the services under this Agreement as set forth in Section 1. 8. As mentioned in the first paragraph of the Scope of Work, a portion of J -Dock might need to be demolished to be able to remove the Chris Craft. City of San Leandro expressly acknowledges this and agrees to release and hold harmless LMI for any future claims of injury, damages, and liability arising out of the condition of the J-Dock after removal services are complete. 9. LMI will keep scrap value from steel sailboat. DocuSign Envelope ID: DE82CF7A-FB9D-443D-B9D8-E0A21D306A21