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07/17/2002 Matecumbe Harbor & Cow Key Channel Cled( IIlIIe eircol elun Danny L. Kolhage Clerk of the Circuit Court Phone: (305) 292-3550 FAX: (305) 295-3663 e.mail: phancock@monroe-clerk.com Memnranlium TO: Kim McGee, Coordinator Marine Projects FROM: Pamela G. Hanco~ Deputy Clerk CY DATE: June 24, 2002 At the July 17, 2002, Board of County Commissioner's meeting the Board granted approval and authorized execution of a Contract Agreement between Monroe County and A.S.A.P. Marine Contractors, Inc., for the emergency repair of channel markers located in Matecumbe Harbor (#4) and Cow Key Channel (#15), Monroe County. Enclosed is a duplicate original of the above mentioned for your handling. Should you have any questions please do not hesitate to contact this office. Cc: County Administrator w/o document Growth Management w/o document County Attorney Finance File/ CONTRACT AGREEMENT AGREEMENT, MADE THIS /7 Mooy of '- Ju V{ 2002, by and between, A.S.A.P. Marine Contractors. Inc. (" Contractor "), and the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, of the County of MOIU'Oe, 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 Emergency repair of the Matecumbe Harbor channel marker #4 and removal of three unpermitted buoys, and the Emergency repair of Cow Key channel marker #15, Monroe County as specified by Exhibit A. 2. The work perfonned under the Contract shall commence immediately from the date the Liaison provides the Notice to Proceed and shall be completed by August 31, 2002. 3. The Contractor understands 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 Exlnbit A & B are understood by the Contractor. 4. The Board shall pay the Contractor the total sum of$ 2.450.00 for the work listed in Exhibit A of this Contract. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. Payment shall be upon completion by the Contractor and review and approval of the 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 of this 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 ofits 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 ofphotograpbs 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, WCJ^" GLl, VLl. & 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 prolnbition 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 provisio~ the owner may, in its discretio~ terminate this contract without liability and may also, in its directio~ terminate this contract without liability and may also, in its discretio~ deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commissio~ 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 ($10,000.00) for a period of36 months from the date of being placed on the convicted vendor list. 14. The Board may terminate this Agreement with or without cause at any time upon giving the Contractor up to 10 days notice in writing. The Contractor, upon receipt of the notice, shall immediately cease work. The Board must pay the Contractor the percentage of the contract price which is satisfactory to the Board up to date the contractor received the notice of termination. 14. This Contract is governed by the laws of the State of Florida. Venue for any litigation arising under this contract must be in Momoe County. IN WITNESS WHEREOF the parties here to have executed this agreement by the ~<"""". /<;,:~ay aOOY<<U" first written above. ,,,<. <;,.f,f .",-:t ~ ';.', '-.(' I--.'---_~. ~ l(,/;,',::;y\ \ t.., f...___ ,- -,.,.,\' ':'--'-' i \ ..j ri',~ r (':"',;\i.",,<,. \ \:,-'~\, -;;~el; \~I$AL) BOARD OF COUNTY COMMISSIONERS <.\,,,;, ''''_,___..'' ,'_'__." _,J' \,:\..~~:Z o:::~:~~. \' w~~ Busme.sN_: ~M ~ Witness: 7f7:?/'/~ By: ~ ~~ Title: ~ ~ )' ''11.:/ AlwO"-' 1'1 :,L, ,..I 3u'.l;uD'1 oJ I:!! J '>1 '1 '" 1 '" ]E)'tiH10;i '1' ie''7(J -\q", '.(- , ~ '1 .r" ~Id v .. "; {... '-' I " l!lr lDDZ 0"0""- o i ~\'_! " .,j~u uOj 031/.:1 E>:hibit A Scope Of Work for Matecumbe Harbor and Cow Key Channel Channel Marking Chains The emergency installation at Matecumbe Harbor includes: the installation of one complete small size daybeacon (9" pile, 2 'x2' signs; and all hardware) and removal of three unpermitted buoys. There are no pilings to be removed. The emergency installation at Cow Key Channel includes: replacement of small size signs (1 12' xI yz' signs; and all hardware) on DBN 15. A 9" pile, smaller size signs, and all hardware are to be provided by the contractor. Piling caps, provided by the County, are to be installed atop all pilings (whether new or existing). The bottom of the signs should be 8' above mean high water. See the attached color GIS maps for marker locations. Channel Matecumbe Harbor Work to be performed Replace DBN 4 (small size signs and pile) Remove and dispose of three unpermitted buoys Cow Key Channel Replace signs on DBN 15 (small size signs) Contractors should refer to the Monroe County Specifications sheets for more detailed information regarding installations. Contractors must coordinate the installations with Richard Jones, Marine Resources Planner (305 289-2805), to ensure that all work is performed satisfactoril y. 2 ... remove three unpermitted bUO\ 1 2 · ... 3 . ... Replace misSin/ ~6 7 DBN4 . Obs! 19 .18 ... 17 16 15 . ... . 14 ... 8 ... 11 · 10 ... 13 .12 ... 6 ... i . lf16 '. ~ . 13 replace signs . on DBN 15 ~ , \II1II I . () o ~ ?; ...:. () :1" i i I 1 ~ 1. EXHIBIT B MONROE COUNTY Specifications For the Repair/Replacement/Installation of Aids to Navigation, Regulatory Markers, and Information Markers (updated 12/13/2001) For all vilin2:s: . 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 si2:ns: . 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 (Inm nominal range) and smaller size (Yz mile nominal range) markers should be mounted such that the bottom ofthe sign is 8' above the water (MHW) · Hardware should all be stainless steel, including: 3/8" all-thread and 3/8" lag screws, 1 yz" (o.d.) flat washers and 3/8" nuts. 1 yz" (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 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. 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 stiffuess 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 stiffuess 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 nm nominal range. Th(; standard size for such signs is- 1 Y2' x 1 Y2' 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 regulatory and information signs: A 12" long beveled 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. 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. If mounted beneath a lateral aid sign, a space of 4" should be provided. 2 19'ifJ t:.1I1l1011 - EXHIBIT C :T l\10NROE COUNTY, FLORIDA INSURANCE CHECKLIST FOR VENDORS SUBl\UTIING PROPOSALS FOR \VORl{ To assist in the development of your proposal, the insurance coverages marked with an 'X' will be required in the event an award is made to your fum. Please review this form with your insurance agent and have him!her sign it in the place provided. It is also required that the bidder sign the form and submit it with each proposal. . woRKERS' COMPENSATION AND E'MPT,OY~RS' LIABILITY X v..7orkers' Compensation x Employers Liability Employers Liability Employers Liability US Longshoremen & Harbor Workers Act X Federal Jones Act Statutory Limits $ J OO,OOOIS500,000/S 1 00,000 $'500,000/$500,000/S500 ,000 $1,900,000/$1 ,000,000/S 1,000,000 Same as Employers' Liability Same as Employers' Liability WCl WC2 WC3 WCUSLH v..7CJA INSCKLST 1 AdminisuI\ion lnsuuc\ion ""091 .... .--. --... I ClCI6 t.e .IIU,I GENERAl 11 A.RH ;:-T'!" As a minimum. the required general liability coverages will include: . Premises Operations . Blanket Contractual . Expanded Definition of Property Damage Required Limits: GLl x GL2 GL3 GL4 Required Endorsement: GLXCU GLLIQ GLS . PrOQUctS and Completed Operations Personal Injury . $100,000 per Person; S300,000 per Occurrence $50,000 Property Damage or $300,000 Combined Single Limit $250,000 per Person; S500,000 per Occurrence $50,000 Property Damage or $500,000 Combined Single Limit $500,000 per Person; $l,OOO,Oqo per Occurrence $100,000 Property Damage or . Sl,OOO,OOO Combined Single Limit S5,000,000 Combined Single Limit Underground, Explosion and Collapse (XCU) Liquor Liability Security Sen'ices All endorsements are required to have the same limits as the basic policy. AdmtnlSlrilllOn instruction 114 709 2 INSCKLST 2 ...-.---....... 1996 Edition VEHICLE LIABIL~~ As a minimum, coverage should extend to liability for: . Owned; Non-owned; and Hired Vehjc;les Required Limits: X VLl VL2 VL3 VL4 BRl ~.{\7 C PROl PR02 PR03 POLl POU POL3 EDl ED2 GKl GK.2 GK3 vt.l x ^dmlnlSlratlon Instruction 147091 S50,000 per Person: $100,000 per Occurrence S25,000 Property Damage . or S100,000 Combined Single Limit $ 100,000 per Person; $300,000 per Occurrence S50,000 Property Damage . or S300,000 Combined Single Limit S500,000 per person; $1,000,000 per Occurrence S100,000 Property Damage or Sl,OOO,OOO Combined Single Limit S5,000,000 Combined Single Limit t MTSCEl.LA't--l"EOUS COVERA GES Builders' Risk Limits equal to the completed project. Limits equal to the maximum value of anyone shipment. $ 250,000 per occurrencelS 500,000 AU.. $ 500,000 per OccurrencelS1 ,000,000 Agg. Sl,OOO,OOO per occurrence/S2,OOO,OOO Agg. $ 500,000 per OccurrencelS1,000,000 Agg. $1,000,000 per OccurrencelS2,OOO,OOO Agg. S5,000,000 per OccurrencelS10,000,000 Agg. $ 10,000 $100,000 Motor Truck Cargo Professional Liability Pollution Liability Employee Dishonesty Garage $ 300,000 ($ 25,000 per Veh) Keepers $ 500,000 (S 100,000 per Veh) S1,000,000 (S250,000 per Veh) Watercraft ~b~1~cy $500,000 INSCKLST 3 '. , .- . - ---..... I ')".,.u ,-unn..,' ~SURANCEAG~TSST~TEMENT I have reviewed the above requirements with the bidder named bel~w. The following deductibles apply 1.0 the corresponding policy. I t DEDUCTIBLES POLICY Liability policies are _ Occurrence _ Claims l\'lade Signature Insurance Agency IDpnFRS ST A TEMENi . I understand the jnsuranee that will be mandatory if awarded the contraCt and will comply in run with all the requirements. Signature Bidder INSCKLST " AdminiS\Blion Instruction 14709.2 ..... -... .------., 'VORKERS' COMPENGATION INSURANCE REQUlREf\{ENTS FOR CONTRACT f BET\VEEN }\{ONROE COUNT\' t FLORIDA AND '996 Edition Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance "rith limits sufficient to respond to Florida Statute 440. In addition, the Contractor shall obtain Employers' Liability Insurance "rith limits of not less than: S100,OOO Bodily Injury by Accident S500,OOO Bodily injury by Disease, policy limits S100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire teon of th~ 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: of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contraetorpanicipates in a self-insurance fund, a Cenificate of Insurance will be required In addition, the Contractor may be required to submit updated financial statements from the fun upon request from the County. Administration lnsuuctinn 14'709.1 \Vel --- ... .-.... 'YYU &;.UU.U.. ,,, A TER CRAFT LIAUtI.J.TX INSURANCE REQUlREl\ft:N1"S FOR CONTRACT . . 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: . Injury (mc1uding death) to any petSon . Damage to FIXed or Movable ObjectS . Costs Associated with the RemoVal of Wrecked Vessels . ContraetU3l Liability with Respect to this Contract lf1he poliey obtained SllIIeS!hat coverage applies for 1he "Acts.or Omissions ora Vessel". it shall be endorsed to provide coverage for the legal liability of the shipowner. The minimum limits acceptable shall be: S500,OOO Combined Single Limit (CSL) Coverage pro\ided by a protection and Indemnity Club (P~1) shall be subject to the approval of the County. .~. The Monroe County Board of CoUnty Coromissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. . . \VLl AdmlnlSt,.tiQn '"!1.'NeUOft .41091 - ......, ----. 1996 Edilion \\'ORKERS' COl\{~N:;A TION INSURANCE REQUIREMENTS FOR CONTRACf . r BET\VEEN MONROE COUNTY, FLORIDA AND Recognizing that the work gover:ned by this contract involves Maritime Operations, the ContraCtors 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 Emplo)'ets Liability. The Contractor shall be permitted to provide Jones Act Coverage through a separate proteCtion and Indemnit)' PoliC)', in so far as the coverage provided is no less restrictive than would have been provide by a Workers' Compensation policy. .I \\'CJA AdlnlnlSlrallOn InS\NC\ion U 70Q 1 ~-- ... -.- '996 t:.Olllon GENERAL LIAnU.9"Y. INSURANCE REQUlREl\iENTS FOR CONTRACT I nET<<'EEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, 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 . Personal Injury Liability . Expanded Definition of property Damage The minimum limits acceptable shall be: S300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: ~ S100,000 per Person S300,000 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 addition, the period for which claims may be reported should ~"tend 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. GLI Administrauon InstNCuon U709.1 .. ,-.... ..... .....-..... 1996 F.dnwn VEHICLE LIABILit=r '. INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN !\{ONROE 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 Vehicle Liability Insurance. Coverage sball be maintained throughout the life of the contraCt and include, as a minim~ liability coverage for: . Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: . $100,000 Combined Single Limit (CSL) .I If split limits arc provided, the minimum limits acceptable shall be: . , $ 50,000 per person S100,000 per Occurrence $ 25,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additiona11nsured on all policies issued to satisfy the above requirements. VLl Adminmrauun In"lruelinn U1M2 KO .. ~-.... --.....