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Cow Key Channel Marker #33 CONTRACT AGREEMENT AGREEMENT, MADE THIS /9# day of r~j3 2003, by and between, American Underwater Contractors, 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 the piling and hardware for the Emergency repair ofthe following channel marker Cow Key Channel #33, 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 February 28, 2003. 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 $1,875.00 for the work listed in Exhibit A of this Contract. Payment shall be upon completion by the Contractor and review and approval ofthe close out documentation by the Marine Projects Coordinator. 5. Exhibit A, Specifications and Insurance Requirements 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 of its subcontractor(s) in any tier, their employees or agents. The purchase ofthe 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, 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 ofthe 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. 15. 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) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA By~Q. ~~ BY: -t)# >n ~ Deputy Clerk Mayor/Chairman w~~ CD\tfS. I N L ~ Witnes : Title: ~~~ o c:.: (:J (,-) L;"._, ....,,~ L._ -,. ..... .--:::: l,J ....J ( :; LL.. flS~ .wo I.W , ::,c "~I , u~ e:::: .."J: \.::) ('~) C'J u... 0::: o l..!- C0 Cl W -I u... CY.: "',C :n:: C',-, c-::~ c;.::J c--.J 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 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, using a beveled 12" long pressure treated 2"x4" for added support (attached with four stainless #16 ring shank nails). Signs should be attached using a 4" lag screw with washers at the top and 3" lag screw at the bottom. An all-thread will be installed at each side of the signs (if applicable). 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 ofthe 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 ~' 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 EXHIBIT C 1996 Edition :::~ MONROE 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 finn. Please review this fonn with your insurance agent and have him/her 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 X \Vorkers' 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 $300,000/$500,000/$ 500,000 $1,900,000/$1,000,000/$1,000,000 Same as Employers' Liability Same as Employers' Liability WC1 WC2 WC3 WCUSLH \\TCJA INSCKLST 1 Administration Instruction 1/4709.2 1996 Edition GENERAL LIABJL~ As a minimum, the required general liability coverages will include: . Premises Operations . Blanket Contractual . Expanded Definition of Property Damage Required Limits: GL1 x GL2 GL3 GL4 Required Endorsement: GLXCU GLLIQ GLS All endorsements are required to have the same limits as the basic policy. Adrninis!r;Jtlon InstruclIon 1147092 . Prqducts and Completed Operations Personal Injury . $100,000 per Person; $300,000 per Occurrence $50,000 Property Danlage or $300,000 Combined Single Limit $250,000 per Person; $500,000 per Occurrence $50,000 Property Damage or $500,000 Combined Single Limit $500,000 per Person; $1 ,ooo,oqo per Occurrence $100,000 Property Damage or . $1,000,000 Combined Single Limit $5,000,000 Combined Single Limit Underground, Explosion and Collapse (XCU) Liquor Liability Security Services lNSCKLST 2 1996 Edition VEHICLE LIABI[~lY As a minimum, coverage should extend to liability for: . Owned; Non-owned; and Hired Vehj<fles Required Limits: BR1 MVC PR01 PR02 PR03 POLl POL2 POL3 ED1 ED2 GK1 GK1 GK3 WLl x VL1 VL2 VL3 VL4 x Administration Instruction #4709.2 $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 Ljrnit $5,000,000 Combined Single LiI1}it MISCELLANEOUS COVERAGES Builders' Risk Limits equal to the completed project. Limits equal to the maximum value of anyone shipment. Motor Truck Cargo Professional Liability $ 250,000 per Occurrence/$ 500,000 Agg. $ 500,000 per Occurrence/$I,OOO,OOO Agg. $1,000,000 per Occurrence/$2,000,000 Agg. $ 500,000 per Occurrence/$1 ,000,000 Agg. $1,000,000 per Occurrence/$2,000,000 Agg. $5,000,000 per Occurrence/$1 0,000,000 Agg. $ 10,000 $100,000 Pollution Liability Employee Dishonesty Garage $ 300,000 ($ 25,000 per Veh) Keepers $ 500,000 ($100,000 per Veh) $1,000,000 ($250,000 per Veh) Watercraft Liability $500,000 INSCKLST 3 1996 Edition rNSURANCE AGENTS ST;.TEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Liability policies are _ Occurrence _ Claims Made Signature Insurance Agency BIDDERS 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 Administration Instruction #4709,2 1996 Edition 'VORKERS' COMPE~oA"fION INSURANCE REQUIREMENTS 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 \vith limits sufficient to respond to Florida Statute 440. In addition, the Contractor shall obtain Employers' Liability Insurance v.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 authori'zed 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\1?EN:3A TION INSURANCE REQUIREMENTS FOR CONTRACT , f 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 pennitted 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. ) WCJA Administration Instruction 1/4709 2 1996 Edition GENERAL LIABlJ.-:TY INSURANCE REQUIREMENTS FOR CONTRACT I BET\VEEN 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 follov,ring 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 114709.2 1996 Edition VEHICLE LIABILI1;Y' ~ INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE 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) } If split limits are provided, the minimum limits acceptable shall be: $ 50,000 per Person $1 00,000 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 Instrucllon 114709.2 so 1996 Edition \"1 A TER CRAFT LIAB UJ..r~ INSURANCE REQUIREl\~NrS 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: . 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 "Actspr Omissions ofa Vessel", it shall be endorsed to provide coverage for the legal liability of the shipo\\'ller. The minimum limits acceptable shall be: $500,000 Combined Single Limit (CSL) Coverage provided by a Protection and Indemnity Club (P~I) shall be subject to the approval of the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies iss~ed to satisfy the above requirements. WLl Administration Instruclion 1/47092 10-29-1995 11, 04PM FHCJ-I MARINE PROJECTS 29S 4317 P. 1 -, -.. ..-.-.. . .. ___I .'~-~32 - 08[27/02 'l"HW ~l,= IG ':i~ A:) A M :TT~ QI.l JI\IFORMATtQN aNt. Y AND CONFERS NO IUGHTS uPON Ttt~ CER'llI'lCATlS HOlJ)ER. nus CER11FICA"C'E DOeS NOT AMEND. EXTENO OR Al.lER 'rtE COV~ AFFORDeD BV 'fttI:l1lOUCll!~ BELOW. IICSURERli AffORDIIIIG COVI;RAGt; ; I I~A r INlUlER I\: IINSUIERC: I ~O; I !~Q ~;i.can B_ti.ou.a.l F~ Ins. l'ROIIUtell P1.,..,b:i.dqe Agency, Inc. 811 S. E. ~ 1l1.Vd.. stQart FL 34994-2427 Ybonc:S~1-20?-SS32 ~ax=S6~~2a7-5572 INMEO ~~i.can "nderw~~% Contx&ctor " Scuba Scrabbers. 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ADOmtllW.lNSUUIl; IllSUltER \BT~ ~S CANCEUA110N :itlOULO'" a: ,,"I: JlIJQIlII; DC:Jl;:IIlBm I"\NOIt:I IIC ~ III!1'Ol'U: T"UelU'IJt/alO~ 1M1I01IIBItOF.1HE-..a .__mIW1.ENDEAVIIJIt lOrMlL -1.LDAY$WIltrrBl NO'IlI:E'rO'I'IE ~ HClUlCK tIMED fO'ltll: \.EFT, &UJ FAA.VftE TO DO:5g3/W.L IIIl'CtSeIlOCI8LI~'nClII OR l.IAMJrfOFAIR ICIICPVPON.TIE IN$URER,. mr.J!OENT$ OR ~""1'...c.. ' AlI'l"-II:ED ~TM! Jean ~ Parks OACOROCQRPORJll'lON 13Qa ~oe County Bo&%d of CouD,1:y CotOlDl5sioDeX'S A~: ~ MCGee-30S-295-4317 5100 Colle~ >>.o.."l.d lUt 4.1.0 ~ey West FL 33D40 . ,COfU) 2s.s (7"'l 1 . d 2tr~tr-gS2 rgO~l e,!:.Jew-oHllaa dg2:trO ~o 11 .Jew EXHIBIT A County of Monroe Deoartment of Marine Resources 2798 Overseas Highway, Suite 420 Marathon, Florida 33050 Phone: (305) 289-2805 FAX: (305) 289-2536 Board of Countv Commissioners Mayor Dixie Spehar, Dist. 1 Mayor Pro Tern Murray Nelson, Dist. 5 Comm. Charles "Sonny" McCoy, Dist. 3 Comm. George Neugent, Dist. 2 Comm. David Rice, Dist. 4 December 16, 2002 To: Kim McGee, Marine Projects Coordinator From: Richard Jones, Marine Resources Planner Cow Key Channel DBN 33 was reported knocked down on December 28th. I made a site visit and confirmed that the marker has been destroyed and is missing. Please send out the attached Scope of Work for an emergency installation. I will provide the signage to help expedite the installation. Scope of Work For Cow Key Channel DBN 33 Cow Key Channel DBN 33 has been broken at the sediment line. The broken piling has washed up on the beach adjacent to the marker location. The contractor needs to dispose of the broken piling, install a new 12" pile and hang two 3'x3' signs (at 900 angles). The contractor shall provide the piling and all hardware. The County will provide the signs and piling cap. The installation shall be performed in accordance with Monroe County Marking Specifications. The contractor shall coordinate the installation with the Monroe County Marine Resources Planner. . ~ ~" 636 634 m3 &32 .31 630 c Ow I(; .8 ey Cf; Shoal m5 m3 Itt , PelllilPd Mary GI8ddInll (304-0379) problems with boatlIlIlfI8(lina in canal: / I ................................................................................. ............ .............. ..................................... ....... ............ For all Dilines: · 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 (Inm nominal range) and smaller size (~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 ~"(o.d.) flat washers and 3/8" nuts. 1 W' (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. MONROE COUNTY Specifications For the Repair/ReplacementlInstalIation of Aids to Navigation, Regulatory Markers, and Information Markers (updated 04/15/02) Exhibit: B