Install/Repair Aids to Navig.
CONTRACT AGREEMENT
AGREEMENT, MADE THIS /711 day of ~200(f, by and
between, Spirit Marine Towing & Assistance Contractor "), and the BOARD OF
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 and/or repair of
five channel markers off of Key West, Monroe County as specified by the list and map
attached as 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 January 31,
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 of the Specifications attached as Exhibit B.
4. The Board shall pay the Contractor the total sum of$ 8.750.00 for the work
listed in Exhibit A and this Contract. Payment shall be upon completion by the Contractor
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and review and approval ofthe close out documentation by the Marine Projects ~p~ ~
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5. The attached List, Map, and Specifications together with this Agree~ ~
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the Contract. They are fully a part of this Contract as if repeated herein verbati:tft j::" ~ 1
Coordinator. No Change Orders will be allowed.
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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 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, & 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 ($10,000.00) for a period of36 months from the date of being
placed on the convicted vendor list.
14. The Board may terminate this Agreement with or without cause at any time
upon giving the Contractor up to 10 days notice in writing. The Contractor, upon receipt
of the notice, shall immediately cease work. The Board must pay the Contractor the
percentage of the contract price which is satisfactory to the Board up to date the
contractor received the notice of termination.
14. This Contract is governed by the laws of the State of Florida. Venue for any
litigation arising under this contract must be in Monroe County.
, IN WITNESS WHEREOF the parties here to have executed this agreement by the
BO$:UNTY COMMISSIONERS
GE, CLERK OF NROE COUNTY, FLORIDA
MaYOr/C~,e ~;:S--rJ
W~:~~
W~:~ -<.~~
Business Name: ~ // A 1/ MAA 1/1112
BY:CZ.J /-/-
Title: ~
8
Channel
Lakes Passage
Discreoancv
need new marker
need sister marker across
from existing DBN 14
need sister marker across
from existing DBN 13
need to update signs on
existing DBN 13
Channel
Cow Key Ch
North extension
Discreoancv
downed marker
EXIHIBIT A
Work to be oerformed
Install DBN 5
Install DBN 13
Install DBN 14A
Install signs 13A
Work to be oerformed
install a new marker
and signs for DBN 31
and dispose of the
downed marker next to
shoreline
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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.
The 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. '
04
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 Df insurance for review
by the County's Risk Management Division.
Certificates of Insurance: provide proof that the Contractor has obtained the insurance
coverage required in paragraphs a,b,c,d,and e 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
busL'less 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 leas{ 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, in writing, of the causes of the delay.
The County's representative will ascertain the facts and the extent of the delay
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 ~onditions, 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.
13. 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 fmal 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 fmal payment for contracted work.
EXHIBIT C
1996 Edition
_.
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. .
MONROE COUNTY, FLORIDA
INSURANCE CHECKLIST
FQR
VENDORS SUBl\UTTING 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 firm. Please review this form with your
insurance agent and have himlher sign it in the place provided. It is also required that the bidder
sign the fonn and submit it with each proposal. .
\VORKERS' COMPENSATION
AND
EMPLOYERS'LIABILITY
WCl
WC2
WC3
WCUSLH
X Workers' Compensation
x Employers Liability
Employers Liability
Employers Liability
US Longshoremen &
Harbor Workers Act
X Federal Jones Act
Statutory Limits
$ J 00,000/$500,000/$1 00,000
$~00,000/$500 ,000/$500, 000
$1,900,000/$1,000,000/$1,000,000
Same as Employers'
Liability
Same as Employers'
Liability
'Y\' CJ A
INSCKLST 1
Administration Instruction
1147092
1996 Edition
VEHICLE LIABI[~.
As a minimum, coverage should extend to liability for:
· Owned; Non-owned; and Hired Vehjcles
Required Limits:
x
VLl
$50,000 per Person: $100,000 per Occurrence
$25,000 Property Damage
or
$100,000 Combined Single Limit
$100,000 per Person; $300,000 per Occurrence
$50,000 Property Damage
or
$300,000 Combined Single Limit
$500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
$5,000,000 Combined Single LiIlfit
VL2
VL3
VL4
MISCELLANEOUS COVERAGES
BRl
MVC
PR01
PR02
PR03
POLl
POL2
POL3
EDl
ED2
GKl
GK2
GK3
\ILl x
Builders'
Risk
Limits equal to the
completed project.
Motor Truck
Cargo
Professional
Liability
Limits equal to the maximum
value of anyone shipment.
$ 250,000 per Occurrencel$ 500,000 Agg. .
$ 500,000 per Occurrencel$l,OOO,OOO Agg.
$1,000,000 per Occurrencel$2,000,000 Agg.
$ 500,000 per Occurrencel$1 ,000,000 Agg~
$1,000,000 per Occurrencel$2,000,000 Agg.
$5,000,000 per Occurrencel$10,000,000 Agg.
$ 10,000
$100,000
Pollution
Liability
Employee
Dishonesty
Garage
Keepers
$ 300,000 ($ 25,000 per Veh)
$ 500,000 ($100,000 per Veh)
$1,000,000 ($250,000 per Veh)
Watercraft Liability $500,000
INSCKLST 3
Administration Instruction
1147092
1996 Edition
a .
l'have reviewed the above requirements with the bidder named below. The following deductibles
apply to the corresponding policy.
rnSURANCEAGENrSST~TEMENI
POLICY
, I
DEDUCTIBLES
Liability policies are _ Occurrence _ Claims Made
Insurance Agency
Signature
BIDDERS ST A TEMRNT
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all the requirements.
Bidder
Signature
INSCKLST 4
Administration Instruction
1i4709,2
1996 Edition
\VORKERS' COMPEr-;,oA TION
INSURANCE REQUIRE]\{ENTS
FOR
..
CONTRACT
,
BET\VEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance v.rith limits sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with 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 tenn 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
of Insurance, 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 Edition
\\'ORKERS' COl\f~NSA TION
INSURANCE REQUIREMENTS
FOR
CONTRACT
, '
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. .t
WCJA
Administration Instruction
1147092
1996 Edition
GENERAL LIABIJ..:-TY
INSURANCE REQUIREMENTS
FOR
CONTRACT
,
BET\\'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:
~
$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
$ 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 extend for a minimum of twelve
(12) months follo'wing 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
Administration Instruction
#4709,2
1996 Edition
VEHI CLE LIABILil.y t.
INSUiUJ~CE REQUIREMENTS
FOR
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CONTRACT
BETWEEN
l\fONROE 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 shall be
maintained throughout the life of the contract and include, as a minimum,liability coverage for:
· Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$100,000 Combined Single Limit (CSL)
.
.t.
If split limits are provided, the minimum limits acceptable sh~l be:
$ 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
1147092
IlO
1996 Edition
\" A TER CRAFT LIABrlJ1.~
INSURANCE REQUIREl\~N1'S
FOR
CONTRACT
I'
BET\\'EEN
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 (including death) to any Person
· Damage to Fixed or Movable Objects
· Costs Associated with the Removal of Wrecked Vessels
· Contractual Liability with Respect to this Contract
If the policy obtained states that coverage applies for the "Acts.,or Omissions ofa Vessel",
it shall be endorsed to provide coverage for the legal liability of the shipo\\ller.
The minimum limits acceptable shall be:
$500,000 Combined Single Limit (CSL)
Coverage provided by a Protection and Indemnity Club (P8?I) shall be subject to the
approval of the County.
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies is~ued to satisfy the above requirements.
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Administration Imtruction
#47092
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