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Item B05BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 02-17-00 Division: Growth Management Bulk Item:YES X NO Department: Marine Resources AGENDA ITEM WORDING: Approval of the Resolution and the Contract Agreement between Monroe County and American Underwater Contractors for the installation of regulatory markers and signage, Tavernier Creek, Monroe County. ITEM: The Marine and Port Advisory Committee has reviewed and approved the project and all permits have been issued. Two quotes received A.S.A.P., Inc.-$9,600 and American Underwater-$8,925. PREVIOUS RELEVANT BOCC ACTION: None STAFF RECOMMENDATION: Approval TOTAL COST: $ 8,925.00 BUDGETED: COST TO COUNTY:Staff Time Only BIF REVENUE PRODUCING: YES NO X AMT. PER MO. YEAR APPROVED BY:COATTY X OMB/PURCHA ING X RIS ANAGEMENT X DEPARTMENT HEAD APPROVAL: — L-: 7iL h 'I t) - y arr -D' ct ,Mar a Resources DIVISION DIRECTOR APPROVAL: I IA! Timothy J. MbGarry-Divisbr� �Yirecto , rowth Management DOCUMENTATION: INCLUDED: X TO FOLLOW: OT REQUIRED: DISPOSITION: AGENDA ITEM # 2*- 1K MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: American Underwater Contractors Effective Date:—/—/ Expiration Date:—/—/_ Contract Purpose/Description: Installation.of Regulatory MarkPrg & cignaae Contract Manager: Kim McGee 4511 Marine Resources -Marina Pro ect� (Name) (Ext.) (Department) for BOCC meeting on 2 ./ 17 / 00 Agenda Deadline: 1 / 31 / 00 (GM) CONTRACT COSTS Total Dollar Value of Contract: $ 8,925.00 Currenf Year Portion: $ 8,925.00 Budgeted? Yes No Account Codes: - NEW Z-S7 T - - Grant: $ BIF 8,925.00 - - - - County Match: $ N/A ADDITIONAL COSTS Estimated Ongoing Costs: $ N/A /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) Division Director Ris anage nt O. _i.B./Pu g County Attorney Comments : CONTRACT REVIEW Chang - Date In Neede, Yes N, i/ac /O ( ) c /ao/o0()( OMIT Donn Revised 8/30/95 MCI' M2 Date Out a / z lao Growth Management Division RESOLUTION NO. 2000 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING AN ALLOCATION FROM THE BOATING IMPROVEMENT FUND FOR THE INSTALLATION OF REGULATORY MARKERS AND SIGNAGE, TAVERNIER CREEK, MONROE COUNTY. BE IT RESOLVED, by the Board of County Commissioners of Monroe County, Florida, as follows: 1. That said Board has been notified of the availability of funds from the Monroe County Boating Improvement Fund for the installation of regulatory markers and signage, Tavernier Creek, Monroe County. 2. That the Growth Management Division, Marine Resources -Marine Projects Section acting for Monroe County has determined the eligibility of this project for the use of Boating Improvement Funds in the amount of $8,925.00. 3. That said Board hereby directs the implementation of this project by the Marine Projects Coordinator. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on day of A.D., 2000. (Seal) Attest: MAYOR Shirley Freeman COMMISSIONER Wilhelmina Harvey COMMISSIONER George Neugent COMMISSIONER Nora Williams COMMISSIONER Mary Kay Reich Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: MAYOR/ COMMISSIONERS AN To 8 y 1 ff OC OgrfR�efRrN �,`, FF 11 IM _o a� o � 0. CD O CCD QCD `D OCD C a� �cCD Q � C CD y O lD CrCD 10 0 A N CD < aCD cr CD CD mr CD C CD cn w O b tD CD CD t 0 A� 0 d d x 00 ON O N o 0 0 tz d m CONTRACT AGREEMENT AGREEMENT, MADE THIS day of 2000, by and between, American Underwater (" Contractor "), and the BOARD OF contractors 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: 1. The Contractor shall furnish all the materials for the installation of regulatory signage and markers located in Tavernier Creek, Monroe County as specified by the maps and specifications attached as exhibits A and B. 2. The work performed under the Contract shall commence immediately from the date the Liaison provides the Notice to Proceed and shall be completed by May 31, 2000. 3. The work performed under the Contract is contingent upon grant funding from the Florida Department of Environmental Protection Boating Improvement Fund. The Contractor understands the rules of the Florida Department of Environmental Protection and shall comply with said 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 the total sum of $ g , 9 25 , 00 for the work listed in Exhibit A and B of this Contract. Payment shall be upon completion by the Contractor and review and approval of the close out documentation by the Marine Projects Coordinator. No Change Orders will be allowed. - 5. The attached List, Chart, and Specifications 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 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 complete work 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 inspect the completed work. 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 or 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 of 36 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 of the 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 WITNESS WHEREOF the parties here to have executed this agreement by the day and year first written above. (SEAL) Attest: DANNY L. KOLHAGE, CLERK Deputy Clerk Witness: Witness: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman Busin "Same: r can Ukiderwater Contractors By: I -A� Title: �Q S�OfEKL — APp AN ROVE� AS 8 GA DATER/BERT FE EXHIBIT A TAVERNIER CREEK DANGER MARKER/REGULATORY MARKER PROJECT Both danger and regulatory markers in Tavernier Creek (north side) are in disrepair and are in need of replacement and upgrading. Please see that installations are made as described below. Shallow -water markers (rather than standard pilings) should be installed where indicated. DANGER MARKERS Aid Tyip Discrepancy Danger buoys Buoy sinking (1) Buoy missing (1) REGULATORY MARKERS Aid Type Regulatory buoys Regulatory marker Regulatory signs on bridge Work to be performed: replace with shallow water markers: B D R BE Discrepancy Work to be performed: buoys missing (3) replace with shallow water markers (3): SLOW S WAKE PERMIT NO.95-042 CO.ORD. 29-1994 Gate existing marker install pile (1) and signs (1 of each): SLO EED MMMWWAKE PERMIT NO.95-042 CO.ORD. 29-1994 RES ORMAL SAFE O TION PERMIT NO.95-042 CO.ORD. 29-1994 Need signs on both install signs on either side of bridge (2 total): sides of bridge SLO EED MI WAKE PERMIT NO.95-042 CO.ORD. 29-1994 GENERAL CONTRACT SPECIFICATIONS FOR INSTALLATION OF AIDS TO NAVIGATION REGULATORY BUOYS/SIGNS, AND OTHER MARINE PROJECTS 1. SCOPE OF WORK: The Contractor shall be responsible for providing all supervision, labor, equipment, tools, fees and taxes required to complete this project to the satisfaction of the County. The Contractor's procedure and work methods must satisfy the requirements of these specifications and all necessary environmental permits. 2. MATERIALS AND WORKMANSHIP: The Contractor shall provide the necessary materials and equipment to safely complete the job. The Contractor agrees that all work shall be performed by competent employees who are experienced and qualified to do the work specified, and that all work will be performed in accordance with the best commercial practices. Precaution shall be exercised at all times for the protection of persons and property. The safety provisions of the Occupational Safety and Health Act of 1970 ( Public Law 91-596) and other applicable laws, including building and construction codes shall be observed. T1 e Contractor shall store materials and shall be responsible for them during the contract time"frame and until final acceptance of the completed work. If any of the materials become lost, damaged, or destroyed by any cause or means whatsoever, the Contractor shall satisfactorily repair, replace and/or remove, or not receive payment for work unsatisfactorily performed. Suitable and sufficient guards and barriers must be utilized at night, and must be suitable protection for the prevention of accidents. 3. ASSIGNMENTS OF CONTRACTOR AND SUBCONTRACTORS: It is expressly understood that the Contractor is in all respects an independent Contractor for this work, not withstanding under certain conditions. He is bound to follow the directions of the County, and is in no respect an agent, servant, or employee of the County. Neither the Contract, nor any part thereof, nor any Monies due or to become due there under, may be assigned by the Contractor without the prior written approval of the County. The Contractor is fully responsible to the County for the acts and omissions of his subcontractors and of persons either directly or indirectly employed by said subcontractor, as he is for the acts and omissions of the contract documents and shall abide by the terms and the conditions. It is the responsibility of the Contractor to pay all the obligations incurred with subcontractors in an expedient manner. 4. LICENSE, POLLUTION CONTROL ACT, AND TRAFFIC PROVISION: The Contractor shall comply with all applicable local, State and Federal requirements pertaining to the terms of the Contract. The Contractor will be responsible for obtaining, at his own expense, any license that may be required. The Contractor shall comply with all the requirements of the Federal Pollution Control Act. The Contractor shall conduct his operations so that he shall not close any thoroughfare nor interface in any way with traffic on highways, or on water, without the written consent of the proper authorities. Work shall be done at any time that shall interrupt or disturb members of the public. Consideration should be given all times to the welfare of the public. 5. INSURANCE: The Contractor must obtain all insurance required by the County and submit proof of same to the County immediately after notification of low bid or quote but no later than ten working days after. All insurance shall be maintained until work has been completed and accepted by the County. The Contractor shall furnish the following certificates of insurance for review by the County's Risk Management Division. Certificates of Insurance: provide proof that the Contractor has obtained the insurance cgverage required in paragraphs a,b,c,d,and a below. a. Workers Compensation Insurance as required by Florida Statues. b. General Liability Insurance in the amount of $300,000, C. Vehicle Liability Insurance in the amount of $100,000 d. Water Craft Liability Insurance in the amount of $500,000. e. Federal Jones Act Coverage . All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida. All policies must list Monroe County as additional insured with the exception of the Workers Compensation Policy. 6. COMMENCEMENT, DELAYS AND COMPLETION OF WORK: After receiving Board of County Commission approval of the Contract, and after reconciliation of any details or conditions which may directly or indirectly interfere with the Contract, the County will issue a "Notice to Proceed with Contract Work" officially authorizing the Contractor to commence. The Contractor shall commence work on said date or shortly thereafter. If the Project is considered and emergency the Notice to Proceed may be issued prior to the execution of the Contract. If the Contractor should be delayed in the progress of the work included in the Contract by unforeseeable cause beyond his control, the time for the completion of the work may be extended upon agreement of the County's representatives. Requests for the extension of time must be submitted in writing to the County's representatives. Extensions of time cannot legally be approved unless the written request is submitted in time to permit it to be acted upon before the Contract expiration date. To allow sufficient time for administrative procedures the written request must be received by the County representative at least ten (10) calendar days prior to the contract expiration date. Liquidated damages resulting from factors beyond the control of the Contractor which occur too late to allow time for action by the Board of County Commissioners approving a time extension may be waived by the County Commission. Such wavier shall be granted only when the county representatives determines that the delay is beyond the control of the Contractor, and in this event the Contractor shall not be charged with liquidated damages or any excess cost when the delay in the completion of the work is due: a• To any issue order by the County or the State Department of Environmental Protection changing the Contractors approved work schedule. b• To unforeseeable cause beyond the control and with out the fault or negligence of the Contractor. C. To any delays of subcontractors or suppliers occasioned by any of the cause specified in the subparagraphs (a) and (b) above. Provided further that the Contractor shall within ten (10) days from the beginning of such delay notify the county The County's representative will ascertain, the facts and the extent of the del lay. and notify the Contractor within a reasonable time of her decision in the matter. If the Contractor fails to complete the work within the time limit, and if the County should nevertheless permit the Contractor to continue and complete. the same without official extension of time in writing, such permission shall not modify nor waive any liability of the Contractor for damages arising from non - completion of work within the time limit. 7. CHANGES AND INSPECTION: The navigational and/or regulatory aids herein considered are to be installed, repaired, or relocated for the County by the Contractor in accordance with the Specifications. The County may give instructions or directions to supplement the Specifications and upon all of his subcontractors, employees and agents of every kind. All work and every process and operation shall be subject to inspections at all times, by the County and their representatives and they shall have free access to all access to all aspects of work. The Contractor shall remove, or make good, as may be directed, without charge, any defective materials. The right is reserved to change the Specifications consistent with regard to the general intention of the Contract for any part of work or materials, either before or after work has begun. Notice of such changes shall be given in writing to the Contractor. 8. AUDIT RIGHTS : As a provision of the grant from the State of Florida to the County, and if so requested by the State, the successful bidder agrees to provide access to all records and allow the audit of any books, documents and papers related to this project for up to one year during and after termination of the Contract. 9. CONTRACT AWARD: The County reserves the right to evaluate the submitted bids and to award a contract to bidder other than the bidder submitting the lowest bid. 10. PREWORK CONFERENCE: A meeting may be necessary involving a representative of the County, the Contractor and the other parties with direct involvement, prior to the commencement of the work. ,The time and place of this Conference will be set by the County representatives. At this time the Contractor shall provide the County with a work schedule. The Contractor must also provide transportation to the proposed project site for placement of temporary markers if the project involves the installation of regulatory buoys or aids to navigation. 11. EXECUTION OF CONTRACT DOCUMENTS: Due to the time frame involved with this project, the Contractor upon notification that he is to be awarded the Contract, shall return said documents properly executed along with his insurance within ten working days. With the Contractor's cooperation, if this period can be reduced, it will assist in excelleration of the execution of the contract documents. The Contractor, by virtue of signing the Contract, acknowledges that he and all his subcontractors have satisfied themselves as to the nature and location of work, the general and local conditions, including, but not restricted to, those bearing upon transportation, handling, and the care of equipment and facilities needed to perform the work. Failure on the part of the Contractor to completely or properly evaluate any factors of his costs prior to bidding shall not form a basis for additional compensation if he is awarded the Contract. If for any reason, not acceptable to the County, the Contractor does not perform, the County shall have the right to levy liquidation damages against the Contractor. Liquidated damages shall be assessed against the Contractor for any bid item awarded to him which is not completed and accepted in the Contract. Liquidated damages are accumulative. 12. NOTICE TO PROCEED: The Contractor shall commence upon this project on the effective date of the Notice to Proceed and perform in a continuous manner until completion and acceptance by the County. For Contracts wherein a specified number of days for completion is stated in the Contract the effective date of the "Notice to Proceed with Contract Work " will establish the " beginning date" of the project. 1A. TERMINATION OF CONTRACT: This Contract may be terminated by the County, without cause, giving up to ten (10) days written notice to the Contractor; said notice shall be sufficient if delivered to the party personally or mailed by certified mail to his mailing address as specified on the acceptance bid. 14. FINAL CLEAN UP: Upon completion of the work specified herein and before acceptance and final payment shall be made, the Contractor shall remove from the sites all machinery, equipment, surplus and discarded materials, rubbish and debris shall be made at legal disposal site. 15. Certification: Bidder must also certify, upon completion of the project, all installations where in accordance with these specifications, the Florida Department of Environmental Protection permit requirements, the US Coast Guard permit requirements, and the US Army Corp of Engineers permit requirements and associated attachments. 16. PAYMENT: Payment shall be upon completion by the Contractor and review and approval by the Marine Projects Coordinator. The Contractor must submit complete documentation, including the required photographs for the work for which payment is being requested. The contractor must provide transportation, upon request by the Marine Projects Coordinator, to the project site for review of work either in progress or completed . In addition, property public or private, if damaged during the work, shall be repaired or replaced prior to final payment for contracted work. Specifications For the Repair/Replacement/Insta Ila tion of Aids to Navigation, Regulatory Markers, and Information Markers for Monroe County, Florida For all nilinas• • Pilings shall be of timber treated with chromated copper arsenate (C.C.A.). • Pilings shall be of timber which will withstand the driving for which they are intended. • A straight line drawn from the center of the butt to the center of the tip shall not at any point face further away from the center of the pile than a distance equal to 1 % of the length of the pile. • Piles to be sufficient length to provide a minimum of four foot penetration into the • substrate and the base of the dayboard must be eight feet above mean high water. Black, cone head, round piling caps of the appropriate size should be mounted atop the piling using four stainless #6 nails (this includes all sign replacements). • Any pilings replaced will be removed and properly disposed of. For all signs: • Signage to be constructed of. 125 gauge aluminum. • Signage must be USCG approved. • All signs should be pre -made (text, borders, etc.) by a County approved manufacturer. • Signs should be mounted so that the piling is not visible above the signs. • Hardware should all be stainless steel, including: 3/8" all -thread and 3/8" lag screws, 1 %" (o.d.) flat washers and 3/8" nuts. 1 '/Z" (o.d.) plastic or nylon (or similar material) washers shall also be used to separate the aluminum signs from the stainless steel flat washers and nuts. Standard size markers: Signs for these markers have a 1 nm nominal range. The standard size for such signs is- 3' x 3' green square, 4' x 4' red triangle, 3' x 3' diamond (danger), and 4' x 3' regulatory, and information signs. 12" diameter pilings (approximately) will be used for all standard size sign installations. For standard size signs mounted at the top of standard size pilings: A 12" long 2" x 4" pressure treated backing board should be installed horizontally 2" below the top of the piling (to provide room for the piling cap) and attached to the piling with four stainless # 16 ring shank nails to prevent the board from rotating. The board will be beveled to provide a flat surface for the downward angle of the sign. The board will be installed so as to mount the signs to the appropriate approach angle of the marker route. Two lag screws and two all -threads will be used to mount the signs. One lag screw (4" long) will be installed at the top of the sign, through the backing board and into the piling. The other lag screw (3" long) will be installed at the bottom of the sign into the piling. The two all -threads will be installed on the sides of the signs. Washers and nuts are to be used, both in front and back of the signs, to assist with adjusting the approach angle and ensure proper tightening of the hardware. For standard size regulatory and information signs mounted below standard size lateral aid signs The 4' x 3' signs should be mounted 4 inches below the lateral aid sign. Signs should be mounted flat against the piling using two 3" long lag screws with washers, one at the top and one at the bottom. An all -thread will be installed at the sides of the signs. Washers and nuts are to be used, both in front and back of the signs, to assist with adjusting the approach angle and ensure proper stiffness of the sign assembly. Smaller size markers: For certain situations smaller size signs should be used (this will be indicated on the work order). These signs will have a % nm nominal range. The standard size for such signs is- 1 ''/s' x 1 ''/z' square green, 2' x 2' red triangle, and 3' x 2' regulatory and information signs. 8-9" diameter pilings will be used for all small size sign installations. For smaller size lateral aid signs: Signs should be mounted flat against the piling using two 3" long lag screws with washers, one at the top and one at the bottom of the sign. For smaller size regulatory and information signs: Signs should be mounted flat against the piling using two stainless 3" long lag screws with washers, one at the top and one at the bottom of the sign. An all -thread will be installed at the sides of the signs, with washers and nuts in front and back. If mounted beneath a lateral aid sign, a space of 4" should be provided. 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