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06/21/2001 Tom's Harbor Channel CLERK OF THE CIRCUIT COURT MONROE COUNTY BRANCH OFFICE MARAlHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARAlHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 MONROE COUNTY COURlHOUSE 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3663 BRANCH OFFICE PLANfATION KEY GOVERNMENf CENTER 88820 OVERSEAS HIGHWAY PLANfATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM DATE: September 7, 2001 TO: Kim McGee, Coordinator Marine Projects Pamela G. Haned Deputy Clerk FROM: At the June 21, 2001, Board of County Commissioner's meeting the Board granted / approval and authorized execution of a Contract Agreement between Monroe County and V A.S.A.P., Inc. for the installation of ten aids to navigation in Tom's Harbor, Duck Key, Monroe County. At the August 16, 2001, the Board granted approval and authorized execution of the following: Contract Agreement between Monroe County and Arnold's Towing for the emergency removal ofDV3A3434, and DV3A3480 located off ofthe Key Haven Boat Ramp, Stock Island. Contract Agreement between Monroe County and Blue Water Marine Services, Inc. for the removal of a dome shaped floating structure located off of Christmas Tree Island, Key West. Enclosed is a duplicate original of each of the above mentioned for your handling. Should you have any questions please feel free to contact our office. Cc: County Administrator w/o documents Risk Management w/o documents Growth Management w/o documents County Attorney Finance File V' CONTRACT AGREEMENT AGREEMENT, MADE THIS 21 ~y of (',,) LJ {\I<C.- 2001, by and between, A.S.A.P., Inc. ("Contractor"), and the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, ofthe 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 often aids to navigation in Toms Harbor Channel, Duck Key, Monroe County as specified by Exhibit A. 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 September 30, 2001. 3. The Contractor understands the rules and procedures instituted by the Board to ensure an orderly progress to the project. The Contractor understands both the intent and the requirements ofthe Specifications attached as Exhibit A & B. 4. The Board shall pay the Contractor the total sum of$ 9.750.00 for the work listed in Exhibit A ofthis Contract. Payment shall be upon completion by the Contractor and review and approval ofthe close out documentation by the Marine Projects Coordinator. 5, The attached List, Map, and Specifications together with this Agreement form the Contract. They are fully a part ofthis Contract as if repeated herein verbatim. 6. The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board ofthe 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 V,S. Coast Guard, and the County, 8 , The Contractor agrees to supply the County with a set of photographs ofthe 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 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 EXHIBIT A County of Monroe Department of Marine Resources 2798 Overseas Highway, Suite 420 Marathon, Florida 33050 Phone: (305) 289-2805 FAX: (305) 289-2536 Board of County Commissioners Mayor Shirley Freeman, Dist. 3 Mayor Pro Tern George Neugent, Dist. 2 Wilhelmina Harvey, Dist. I Commissioner Nora Williams, Dist. 4 Commissioner Mary Kay Reich, Dist. 5 April 26, 2001 To: Kim McGee, Marine Projects Coordinator From: Richard Jones, Marine Resources Planner Re: Channel Marker Installations The following new marker installations are ready to be made, in accordance with the 'Channel Marking Master Plan for the Florida Keys'. These installations are to improve navigation and address prop scarring in the Duck Key and Toms Harbor Keys area (see p.68 of the Channel Marking Master Plan). Notes to contractor: Please see the attached GIS map for the plotted location of the proposed markers listed below (final placement to be determined in the field by the Marine Resources Planner). Smaller size, Y2 nm nominal range markers should be installed according to the attached County specifications (see updated specifications sheet and diagram), including 9" diameter piles; 1 ~'xl Y2'green and 2'x2'red signs. Piling caps are to be installed on all piles (caps will be supplied by the County). Channel Marker DBN 1 DBN2 DBN3 DBN4 DBN6 DBN7 DBN8 DBN 10 DBN 11 DBN 12 Approximate Location of Installation 24045' 31.6''N 80056' 03.1"W 24045' 31.6''N 80056' 01.1"W 24045' 41.9''N 80056' 03.1"W 24045' 46.9''N 80056' 07.0"W 24045' 51.2''N 80056' 05.6"W 240 45' 59.6''N 800 56' 01.0"W 24046' 07.1''N 80055' 59.4"W 24046' 15.3''N 80055' 51.9"W 24046' 23.8''N 800 55' 35.8"W 24046' 23.2''N 800 55' 34.8"W c" (pO( """S \,\3 1'0'" . '*'11 12 & 10 & 8 . 7 ~ & 6 & 4 . 3 . & 1 2 & 4 & 2 EXHIBIT B MONROE COUNTY Specifications For the Repair/Replacement/Installation of Aids to Navigation, Regulatory Markers, and Information Markers (updated 4/25/2001) For all pilines: . 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 hard bottom or further penetration into other substrate so as to provide suitable permanent holding. 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 siens: . 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. . Signs for both standard (lnm nominal range) and smaller size (12 mile nominal range) markers should be mounted such that the bottom of the sign is 8' above the water (MHW) . Hardware should all be stainless steel, including: 3/8" all-thread and 3/8" lag screws, 1 12" (o.d.) flat washers and 3/8" nuts. 1 12" (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. ................................................................................................................................................................... 1 Standard size markers: Signs for these markers have a 1 run 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, For extreme angles, signs should be mounted one below the other to allow for the angle overlap (in which case all-thread on the sides would not be used). 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 stiffness of the sign assembly. 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 Y2 run nominal range. The standard size for such signs is- 1 Y2' x 1 Y/ square green, 2' x 2' red triangle, and 3' x 2' regulatory and information signs. 9" diameter pilings will be used for all small size marker 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 regulatorv 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. 2 -5....~\.~ S-, 0."'- LA-~~"-'- (:\-, i C ,="^- ""cvv..=- ') \' /-,. / V \ \/2.'- t;:;>( ~~~ -6\~~ \ce\ow (~\ 6"ZC:'J 2 '/Z / '" 3. \"2- / \ " ., ,\ /" ~~~ \oo~c::.r- \ -- ~/ ...... II.. . .,~ ,- 2i - ~ I J11 I I ~ [ I '-' I I (!) I I I l I I I I (i) t J ~\a..\;ue. ,,~ q ,/ 2 ('C.; \o~ 1 I I I I I I 1 i I I _-_"'>c:: =..:> c = --:.~ c: '~ I ~ovC ~ ~~'" v:>b~ ptlTRrt C 1996 ~ilion ., - .. ~. ". l\10NROE COUNTY, FLORIDA INSURANCE CHECKLIST FQR VENDORS SUBMItTING PROPOSALS FOR WORK .. " To assist in tl~e development of your proposal, the insurance coverages marked with an "X" will be required in the event an award is made to your imn. Please review this form with your insurance agent and have him/her sign it in the place provided. It is also required that the bidde~ sign the form and submit it with each proposal. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY X Workers' Compensation X Employers Liability Employers Liability Employers Liability US Longshoremen & Harbor Workers Act X Federal Jones Act Statutory Limits $) 00,000/$500,000/$1 00,000 $300,000/$500,000/$500,000 S 1 ,900,000/$1 ,000,000/$1 ,000,000 Same as Employers' Liability Same as Employers' Liability WCl WC2 WC3 WCUSLH WOA INSCKLST 1 Administration Instruction 1/4709,2 1996 Edition YFHICLE IJABlt~~r ~ As a minimum, coverage should extend to liability for: . Owned; Non-owned; and Hired Vehjc;les Required Limits: VLl x VL2 VL3 VL4 BRl MVC PROl PR02 PR03 POLl POL2 POL3 EDl ED2 GKl GK2 GK3 WLl X AdmInistration Instruction 1/47092 550,000 per Person: 5100,000 per Occurrence 525,000 Property D~ge . or 5100,000 Combined Single Limit 5100,000 per Person; $300,000 per Occurrence 550,000 Property Damage or 5300,000 Combined Single Limit $500,000 per Person; 51,000,000 per Occurrence 5100,000 Property Damage or 51,000,000 Combined Single Limit 55,000,000 Combined Single LiI1}it ~TSCELLANFOUS COVFRAGES Builders' Risk Limits equal to the completed project. Limits equal to the maximum value of anyone shipment. Motor Truck Cargo Professional Liability S 250,000 per OccurrenccJS 500,000 Agg. $ 500,000 per OccurrenccJS1,000,000 Agg. $1,000,000 per OccurrenccJS2,000,000 Agg, $ 500,000 per OccurrenccJS 1,000,000 Agg. S1,000,000 per OccurrencelS2,000,000 Agg. S5,000,000 per OccurrenccJSi1 0,000,000 Agg. $ 10,000 5100,000 Pollution Liability Employee Dishonesty Garage 5 300,000 ($ 25,000 per Veh) Keepers 5 500,000 (5100,000 per Veh) 51,000,000 ($250,000 per Veh) Vatercraft Liabil1ty $500.000 INSCKLST 3 1996 Edition rnSURANCEAGENrSST~TEMENT "!. . . r have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy, , I DEDUCTIBLES POLlCY Liability policies are _ Occurrence _ Claims Made Signature Insurance Agency . ~TDDERS STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Signature Bidder INSCKLST 4 Adminisuation Instruction 14709.2 1996 Edilion 'VORKERS' COMPENOA TION INSURANCE REQUlREl\{ENTS FOR ",":, CONTRACT I BET\VEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440, In addition, the Contractor shall obtain Employers' Liability Insurance \\-ith limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee ~ Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida, If the Contractor has been approved by the Florida's Department of Labor, as an authorized self- insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate ofInsurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County, wel Administration Instruction 114709,2 1996 Edilion \\'0 RKERS' COl\lrENSA TION INSURANCE REQUIREMENTS FOR ..- CONTRACT I I BET\VEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract involves Maritime Operations, the Contractor's Workers' Compensation Insurance Policy shall include coverage for claims subject to the Federal Jones Act (46 U,S,C.A, subsection 688) with limits not less than those specified for Employer's Liability. The Contractor shall be permitted to provide Jones Act Coverage through a separate Protection and Indemnity Policy, in so far as the coverage provided is no less restrictive than would have been provided by a Workers' Compensation policy, I WCJA Administration I nSlnlction #4 709 2 1996 Edition GENERAL LIABIJ...=rY. INSURANCE REQUlREl\lENTS FOR .. CONTRACT I BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contrac~ the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: . Premises Operations . Products and Completed Operations . Blanket Contractual Liability . Personallnjury Liability . Expanded Definition of Property Damage The minimum limits acceptable shall be: ~ $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence S 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In additio~ the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County, , . The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfY the above requirements. GLl Administration Instruction "4709.2 1996 Edition VEHICLE LIABILfPi' '. INSURA.&~CE REQUIREMENTS FOR CONTRACT . BETWEEN ltiONROE COUNTY, FLORIDA AND .. ~ Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vebicle Liability Insurance. Coverage shall be maintained throughout the life of the contraCt and include, as a minimum, liability coverage for: . Owned, Non-Own~ and Hired Vehicles The minimum limits acceptable shall be: $100,000 Combined Single Limit (Cst) · ~ If split limits are provided, the minimum limits acceptable sh~l b:: $ 50,000 per Person $100,000 per Occurrence $ 25,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. VLl Administration Instruction 1/47092 . 80 :.. 1996 Edition . WATER CRAFt' LIAB~ INSURANCE REQUlREl\fEN1'S FOR CONTRACT .. .. I I BET\VEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract; the Contractor shall obtain Water Craft Liability Insurance with terms no less restrictive than those found in the standard "American Institute Hull Clauses" (June 2, 1977 edition). Coverage shall be maintained throughout the life of the contract and include, as a minimum: . Injwy (mcluding death) to any Person . Damage to Fixed or Movable Objects . Costs Associated with the RemoVal oiWrecked Vessels . Contractual liability with Respect to this Contract Irthe policy obtained states that coverage applies for the "AdSJJr Omissions of a Vessel", it shall be endorsed to provide coverage for the legal1iability of the shipowner. The minimum limits acceptable shall be: SSOO,OOO Combined Single Limit (CSL) eo\'erage provided by a Protection and Indemnity Club (P~1) shall be subject to the approval oi the County. The Monroe County Board oi County Commissioners shall be named as Additional 1Dsured on all policies i~ed to satisfy the above i'equirements. \\lLI Administration Insuuction 14709.2 . .4,"1. '., :;, ~ I ";,,., .., t~t.'..':' o. '. f Y 3- AflI'il22, 1993 Illll'rinling MONROE COUNTY, FLORIDA . ,.J., Request For W luver of Insur.lOce Requirements D^nJ-1&cV IN1Tl^1.. - I -.-J =- It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract. ' ~ Contractor: A.S.A.P... Inc. Contract for: Harine Proj ects Address of Contractor: PO Box 804 Tavenier, F1 33070 Phone: (305) 852-4554 Scope of Work: Channel Harker tnstal1ation/Repair, Derelict Vessel llemoval Boating llestricted Area aids to navigation, 1IUlintanance/ new iDstal1ation. --- Reason for Waiver: Vehicles not used for wOT1c Signature of Contractor: J . Not Approved a.,w~~ ~/2..-~JOCJ I I Risk Management Date County Administrator appeal: Approved: Nol Approved: Dale: Boord of County Commissioners appec'll: Approved: Not Approved: Meeting Dale: WAIVER 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. Business Name: PrS A P ~ By: ~ ;L.:- Title:?/ ,p ~ - Cl ,,. .."._.1 ex:: In LtJ <t 0 CJ --' u <: .La.. w ~ :x::......~ --,ot- c:::: ex: o 'z 0:: ::.:::~=> r- .uo 0 I --' .U L.L. >-:X=Lt.J Cl 0- ::z:--'o W zUo:: W en <( % ...J (:) 0 c::;:> x: L.L. c::::> C"-.I A~fJMOV-ED AS TO Fa., G I .""" B 'I' ,