Cruise ship lowballing damage report

BY PRU SOWERS

KONK LIFE STAFF WRITER

The cost of emergency repairs to a mooring “dolphin” at Mallory Square Pier is being challenged by the cruise ship company that caused the damage.

Silversea Cruises, which operates the 608-passenger Silver Spirit, has rejected the city’s request for payment of almost $1 million, counter-offering with an amount approximately $250,000 lower, according to Doug Bradshaw, Key West Port & Marina Services Director. The matter is now with the city’s risk assessment department.

“We told them [Silversea Cruises] that it is not acceptable,” Bradshaw said about the lowball counteroffer. “We are still expecting full payment.”

The Silver Spirit was docked at the Mallory Square Pier southernmost “breasting dolphin” on Nov. 24, 2018. When it attempted to leave port, strong winds pushed it back into the dolphin, which is a huge concrete block embedded in the sea bottom used for mooring large vessels. The ship suffered scrapes to its hull but the mooring block was found to be damaged beyond repair. Because Mallory Square is a popular mooring site for cruise lines and is booked years in advance, the city hired several contractors through the city manager’s emergency procurement process, meaning the repair project did not go out to bid.

“Formally bidding the permitting, demolition, and repairs in addition to city commission approval would have taken up to one year to complete. Staff was able to complete the project from start to finish in seven months which minimized the disruption to cruise ships,” Bradshaw wrote in a memo to City Manager Jim Scholl.

The actual cost of the repairs was just over $721,000. But Bradshaw’s department had to cancel six cruise ship visits and relocate another 15 vessels to other piers during the seven months it took to repair the mooring, resulting in a “direct financial impact” to Key West of $213,897. The city then added a five percent administrative fee to the bill – $36,000 – to reimburse the time staff put in to oversee the design, permitting, demolition and construction, bringing the total request for payment to $970,520.

If Silversea Cruises and the city cannot come to an agreement on the amount of reimbursement, the matter will likely go to court.

“Then those high-paid lawyers take over,” Bradshaw said. “I’ve done my part.”

In other news, the city commission has unanimously approved hiring Charlie Toppino & Sons, Inc., as the contractor for Phase 1B of the Truman Waterfront Park project. Updates to the already-in-use park include building a new multi-purpose field, snack bar and restrooms for recreational use, and repurposing an existing building currently used by the local Police Athletic League (PAL) into storage for park maintenance equipment. The existing stable for police mounted horses in the park will also be renovated.

The cost of Phase 1B is just under $4.76 million – up from an estimate of $3.7 million made last year – and will be spread out over two years. Phase 1 construction included installing sidewalks, electrical wiring, drainage systems, a children’s play area and water fountain, a 500-seat amphitheater and landscaping.

Commissioner Billy Wardlow, at the Sept. 17 commission meeting where the construction contract was awarded, wanted to make sure the PAL program was on-track to move into its planned new home at Bayview Park, where an existing equipment storage building is being renovated. Incoming City Manager Greg Veliz assured him PAL will move as expected.

“This building [in Bayview Park] is move-in ready,” he said. “So, all we have to do is finalize the lease [with PAL]. I see no problem with them getting in.”

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