Buoys Jolly Rogers & Smathers Beach
CONTRACT AGREEMENT
AGREEMENT , MADE THIS /1 fA
day of _:3~[,. ?J;;j(f/it2.1997 , by and between
( -"
AmE~rican Underwater Contractors
("Contractor") , and the
BOARI~ OF COUNTY COMMISSIONERS OF MONROE COUNTY , FLORIDA , of
the Cou:nty of Monroe, State of Florida ("Board").
~rhe Contractor and the Board, for the consideration named, agree as follows:
1. The Contractor shall furnish all the materials and perform all the work as
requiredl by the specifications for the installation of 3 (three) new regulatory buoys off
of Jolly Roger Subdivision and the reinstallation of 5 (five) regulatory buoys off of
Smathers Beach, Key West. A set of maps are included as Exhibit A.
2. The work to be performed under this contract shall commence immediately
from the date the Liaison provides the Notice to Proceed and shall be completed by
October 31, 1997.
3. The Board shall pay the Contractor the total sum of $4,780.00 for the
installation of 3 (three) new regulatory buoys off of Jolly Rogers Subdivision and the
the reinstallation (5) five regulatory buoys off of Smathers Beach, Key West. Payment
shall be upon completion by the Contractor and review and approval of the close out
documelltation by the Marine Projects Coordinator.
~~. The attached Specifications together with this Agreement form the Contract.
They are fully a part of this Contract as if repeated herein verbatim.
5. The Contractor covenants and agrees to indemnify and hold harmless the
Monroe County Board of County Commissioners from any and all claims for bodily
injury (including death), personal injury and property damage (including property
owned t)y Monroe County) and other losses, damages, and expenses (including
attorney's fees) which arise out of, in connection with, or by reason of services
provide,! by the Contractor or any of its Subcontractor(s) in any tier occasioned by the
negligerlce, errors, or other wrongful acts or omissions of the Contractor or its Sub-
Contractors in an tier, their employees, or agents. The purch~'.J~insurance
~V- [)(1\~~rV~~~<' P~8C~
requiredl in paragraph ten oes not vitiate this indemnification ,prOVIsion.
(i. The Contractor acknowledges his /her intention to comply with the need to
coordinate all work with the appropriate permitting agencies, the Florida Marine
Patrol, and the County.
7. The Contractor agrees that the receipt of the Notice to Proceed from the
County does not relieve his responsibility to ensure that appropriate permits have been
obtainedl by the County prior to the initiation of work
8. The parties agree that a timely performance of this agreement is essential.
Therefore, the parties agree that the contractor shall be liable to the Board for $100
per day of liquidated damages for each day after 10-31-97 that any of the Contractor's
obligations under this agreement remain unperformed. The parties agree that such
amount is by the way of compensatory damages and does not constitute a penalty.
9. Due to the use of heavy equipment and, at times, a dangerous work
environment, the Contractor understands and agrees to maintain an alcohol and drug
free work environment.
10. The CONTRACTOR will be responsible for all necessary insurance
coverage as indicated by an "X" on the attached forms identified as General Insurance
Requirements and INSCKLIST 1-4, as further detailed on forms WC1, WCJA, GL1, &
WL1, attached as Exhibit B. All policies must list Monroe County as additional
insured with the exception of the Workers Compensation policy.
11. 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, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity in excess of the
threshold amount provided in Section 287.017, for CATEGORY TWO ($10,000.00)
for a period of 36 months from the date of being placed on the convicted vender list.
12. The Board may terminate this agreement with or without cause at anytime
upon giving the Contractor a minimum of ten days notice in writing. The Contractor,
upon receipt of the notice in writing, shall immediately cease work. The Board shall
pay the Contractor the percentage of the contract sum which is proportional to the
amount of work performed by the Contract in a manner satisfactory to the Board up to
the date the Contractor received notice of termination.
IN WITNESS WHEREOF the parties hereto have executed this Agreement the
day and year first written above .
BY :
TITLE: \1WS\!Cr~
FIRM: 6 Uf....
(Seal)
Attest :
Witness:
('"
("" (,_ C (>/"-_.,,/,
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BOARD OF COUNTY COMMISSIONERS OF
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BY :
( Seal )
DAN1N I~~. I'COLH.A,GE, Clerk
Attest :
.Jb.1. ~ Q (l. ~~
Clerk
ePA
,
~ - existing buoys
e - proposed new buoys
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Proposed Extension
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Applicant: Monroe CQYn.ty CommIssioners
Water Body' _' '~ S side of Key West
County: _.ntl2nrQ{! "___
Datum -ErQm.!"OAA ~.harUI.1:1445 ___
Purpose: Place buoys to delineate an idle,~soeed zone
Original work ~ Maintenance 0
Sheet No. 1 of 2,
Date~ October 24 1995
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Idle Speed No Wake and t>wlm Area buoy line 600' from shore buoys -100' apart
'2..
Page 2 of 2
JIm Ill1ll; , . B:
1996 Edition
MONROE COUNTY, FLORIDA
INSURANCE CHECKLIST
FQR
VENDORS SUBl\fITTING PROPOSALS
FOR WORK
To assist ill tlle 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 himlher 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
EJ\1PLOYERS' LIABILITY
WC1
WC2
We3
WCUSLH
X Workers' Compensation
X Employers Liability
Employers Liability
Employers Liability
US Longshoremen &
Harbor Workers Act
X Federal Jones Act
Statutory Limits
$100,000/$500,000/$100,000
$ 5 00,000/$ 5 00,000/$ 5 00,000
$1,000,000/$1,000,000/$1,000,000
Same as Employers' '
Liability
Same as Employers'
Liability
\\'CJA
INSCKLST
Administration Instruction
#4709.2
1996 Edition
GENERAL LIABILITY
As a mini;mum, the required general liability coverages will include:
· Premises Operations
· Blanket C9ntractual
· Expanded Definition
of Property Damage
Required JLimits:
GL1
x
GL2
GL3
GL4
Required ]~ndorsement:
GLXCU
GLLIQ
GLS
.
Products and Completed Operations
Pefsonal 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; $1,000,000 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
All endorsements are required to have the sanle limits as the basic policy.
Administration Instruction
#4709.2
INSCKLST
1996 Edition
VEHICLE LIABILITY
As a minilnum, coverage should extend to liability for:
· O"''I1ed; Non-owned; and Hired VehiGles
1
Required ]Limits:
VLl
VL2
VL3
VL4
BRl
MVC
PR01
PR02
PR03
POLl
POL2
POL3
EDl
ED2
GKl
GK2
GK3
WLl
x
x
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 Limit
$5,000,000 Combined Single Limit
1\1ISCELLANEOUS COVERAGES
Builders'
Risk
Limits equal to the
completed project.
Motor Truck
Cargo
Limits equal to the maximum
\lalue of anyone shipment.
Professional
Liability
$ 250,000 per Occurrence/$ 500,000 Agg.
$ 500,000 per Occurrence/$l ,000,000 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
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
1996 Edition
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements \vith the bidder named below. The following deductibles
apply to tile corresponding policy.
POLICY
I
! .
DEDUCTIBLES
Liability P10licies are _ Occurrence
Claims 1\1ade
Insurance Agency
Signature
BIDDERS STATEMENT
I understand the insurance that \vill be mandatoI)' if awarded the contract and will comply in full
with all the requirements.
Bidder
Signature
INSCKLST
Administration Instruction
#4709.2
1996 Edition
\\'ORKERS' COl\1PENSA TION
INSURANCE REQUlRE1\1ENTS
FOR
CONTRACT
1 1
BETWEEN
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.
WCJA
Administration Instruction
#4709.2
1996 Edition
\VORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
1
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to trle commencement of work go,'emed 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 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 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
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 additioll, the Contractor may be required to submit updated financial statements from tIle fund
upon request from the County.
wel
Administration Instruction
#4709.2
1996 Edition
GENERAL LIABILITY
INSURAN CE REQ UlRE1\fENTS
FOR
CONTRACT
1
BETWEEN
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 minin]um limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split linlits are provided, tIle mininlum 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 \vhich claims may be reported should extend for a minimum of twelve
(12) months follo\\'ing 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
POLLUTION LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
I J
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract involves the storage, treatment, processing,
or transpol1ing of hazardous materials (as defined by the Federal Environmental Protection
Agency), the Contractor shall purchase and maintain, throughout the life of the contract,
Pollution Liability Insurance which will respond to bodily injury, property damage, and
en\,ironmental damage caused by a pollution incident.
The minirrlum limits of liability shall be:
$500,000 per Occurrence/$l ,000,000 Aggregate
If coverage is provided on a claims made basis, an extended claims reporting period of four (4)
years will be required.
POLl
Administration Instruction
#4709.2
1996 Edition
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
! J
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
maintaine(f throughout the life of the contract and include, as a minimum, liability coverage for:
· Ovmed, Non-O\\rned, and Hired Vehicles
The mininlUll1 limits acceptable shall be:
$100,000 Combined Single Limit (CSL)
If split lim.its are provided, the minimum limits acceptable shall 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
#4709.2
1996 Edition
\V A TER CRAFT LIABILITY
INSURANCE REQUIREl\fENTS
FOR
CONTRACT
J 1
BET\VEEN
l\fONROE COUNTY, FLORIDA
AND
Prior to the commencement of \"lork gO\Temed by this contract, the Contractor shall obtain
Water Craft Liability Insurance with terms no less restrictive than those found in the
standard "J~erican Institute Hull Clauses" (June 2, 1977 edition). CO\Terage 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 of a Vessel",
it shall be ~~ndorsed to provide CO\Terage for the legal liability of the shipo\\ner.
The minirrlUill limits acceptable shall be:
$500,000 Combined Single Limit (CSL)
Coverage I)rovided b)' 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 issued to satisfy the abo\'e requirements.
WLl
Adm in istration Instruction
#4709.2
1996 Edition
l\10NROE COUNTY, FLORIDA
Request For \\'aiver
of
Insurance Requirements
It is requestc~d that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be
\\'aived or ITlodified on the following contract.
Contractor:
Contract for:
Address of C:ontractor:
Phone:
Scope of Work:
Reason for 'rVaiver:
Policies Wa:iver
will apply to:
Signature of Contractor:
ApPfoved
Not Approved
Risk Manag1ement
Date
County Awninistrator appeal:
Approved:
Not Approved:
Date:
Board of County Commissioners appeal:
Approved:
Not Approved:
Meeting Date:
Administration Instruction
#4709.2
GENERAL CONTRACT SPECIFICATIONS
FOR INSTALLATION OF AIDS TO NAVIGATION
AND REGULATORY BUOYS/SIGNS
1e ~3COPE 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 methods of installation
must satisfy the requirements of these Specifications and
and all necessary environmental permits.
2. " ~~TERIALS 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 the the work specified, and
that all work will be performed in accordance with the best
commercial practices. A list of the equipment to be used
and a description of the installation procedur~s to be
followed must be provided to the County at the-Presswork
Conference described below.
Precaution s~all 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 and shall maintain partly or wholly
finished work during the continuance of the Contract and
until the final acceptance. If any materials or part of
the work becomes lost, damaged, or destroyed by any cause or
means whatsoever, the Contractor shall satisfactorily
repair and replace or not receive payment for the
unaccomplished work. The Contractor shall maintain
suitable and sufficient guards and barriers, and at night,
suitable and sufficient light or other appropriate 'security
or protection for the prevention of accidents.
3. ~\SSIGNMENT OF CONTRACTOR AND SUBCONTRACTS: 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
persons directly employed by h~m. Nothing contained in
the Contract Documents shall create any contractual
relations between any subcontractor and the County. All
subcontractors shall abide by the terms and conditions,
and requirements of this Contract. It is the
responsibility of the Contractor to pay all debt
obligations incurred with subcontractors in an expedient
manner.
4. ,LICENSE, POLLUTION CONTROL ACT, AND TRAFFIC PROVISIONS:
The Contractor shall comply with all applicable local,
State and Federal requirements pertaining to the terms
~, of this Contract. The Contractor will be responsible for
obtaining, at his own expense, any licenses that may
be required. The Contractor shall comply with all the
requirements of the Federal Pollution Control Act.
The Contractor shall conduct his operations so that he
shall not close any thoroughfare nor interfere in any way
with traffic on'nighways, or on water, withouL~the
written consent of the proper authorities. -Work shall be
done at any time that shall not interrupt or disturb
members of the public. Consideration should be given at
all times to4the welfa~e of the public.
5. .INSURANCE: The Contractor must obtain all insurance
required by the County and submit proof of same to the
County prior to contract approval by Board of County
Commissioners but not later than five working days after
notice of low bidder. All insurance shall be maintained
until work has been completed and accepted by the
County.
The Contractor shall furnish the following certificates
of insurance for review by the County's Risk Management
Division.
~:ertificates of Insurance: provide proof that the
Contractor has obtained the insurance coverage required
in paragraphs a,b,c,d,and e below.
a. Worker's Compensation Insurance as required by
Florida Statutes.
b. General Liability Insurance ln the amount of
$300,000.
c. Water Craft Liability Insurance ln the amount of
$500,000.
6 .
connection with the work, in an amount not less
than $100,000 per occurrence for Bodily Injury
and Property Damage combined.
e. Federal Jones Act Coverage.
All insurance policies required above shall be issued
by companies authorized to do business under the laws
of the State of Florida. All policies must list Monroe
County as additional insured with the exception of the
Worker's Compensation Policy.
, .
.,
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
or conflict with work of 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 Contracto~ 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 workffiay be ext~nded upon agreement of the
County representative. ..Requests for extension of time
must be submitted in writing to the County
representative. 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 required to obtain action by
the County Commission, a request for time extension
must be received by the County representative at least
ten (10) calendar days prior to the contract
expiration date.
Liquidated damages resulting from factors beyond the
control of the Contractor which occur too late to
allow time for action by the Board of County
Commissioners approving a time extension may~e waived
by the County Commission. Such waiver shall be
granted only when the County representative 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 duly issued order by the County or the
State Department of Environmental Protection
changing the Contractor's approved work schedule.
b. To unforeseeable cause beyond the control and
7.
without the fault or negligence of the
Contractor.
c. To any delays of subcontractors or suppliers
occasioned by any of the causes specified in
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 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 li~it, but all
such liabil'ities shall be subject to continuation of
full force against the Contractor.
~CHANGES AND rNSPECTION:.The regulatory buoys
herein considered are to be installed for the County
by the Contractor in accordance with the
Specifications. The County may give instructions or
directions to supplement the Specifications.
These shall be binding upon the Contractor 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 shall have free access to
all aspects of the work. The Contractor shall
remove, or make good, as may be directed, without
charge, any defective buoys. The right is reserved to
change the Specifications consistent with regard to the
general intention of the Contract for any part of the work
or materials, either before or after work has begun. Notice
of such changes shall be given in writing to the Contractor;
such changes are not to be grounds for any claim by the
Contractor for damages, nor for the forfeiture of the
Contract.
liUDIT RIGHTS:As a prOV1Slon 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 a period of 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 thelowest1bid.
10.
"
PRESSWORK CONFERENCE: A meeting will be necessary
involving a representative of the County, the Contractor
and 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 representative. At
this time the Contractor shall provide the County with a
schedule as to the order in which he proposes to install
the listed aids to navigation. The Contractor must
also provide transportation to the proposed project
site for placement of temporary markers. The location
of these temporary markers will be provided by the County
representatives. Temporary markers will be provided by the
County.
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 execut.ed .-glong
with his insurance within Ten Woikinq Days. With the
Contractor's cooperation, if this period can be reduced, it
will assist in acceleration of the execution of the
contract docHments. Th~ Contractor, by virtue of signing
the Contract, acknowledges that he and all his
subcontractors have satisfied themselves as to the nature
and location of work, the general and local conditions,
including, but not restricted to, those bearing upon
transportation, handling,access to the pick-up and disposal
sites; and the character 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 liquidated 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 by the County within the number of calendar days
specified 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
rrbeginning date" of the project.
l).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 deliver~d to the party personally
or mailed by certified mail to his mailing address as
specified on the accepted Bid.
14. FINAL CLEAN-UP: Upon completion of the work specified
here in and before acceptance and final payment
shall be made, the Contractor shall remove from the
sites all machinery, equipment, surplus and discarded
materials and temporary structures. All disposal of
materials, rubbish and debris shall be made at a legal
disposal site.
~,
15. Certification: Bidder must also certify, upon
completion of the project, all installations were ln
accordance with these specifications, the Florida
Department of Environmental Protection, and the Coast Guard
permit requirements as specified in the "Specifications for
the Installation of Aids to Navigation" and associated
attachments.
16. PAYMENT:Payment will be upon completion by the Contractor
and acceptance by the Board of County Commissioners.
Contractor mtlst 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 County
representative, to the installed site for review of
work either in progress or completed.
In addition, property, public or private, if damaged
during the work or removed for the convenience of the
work, shall be repaired or replaced at the expense of
the Contractor in a manner acceptable to the County
prior to final payment for contracted work.
17. ,NON-COLLUSION AFFIDAVIT: Acceptance of the Bid is
contingent upon receipt of the signed and endorsed Non-
Collusion Affidavit form (attached).
18. .ETHICS CLAUSE: Acceptance of the Bid is contingent
upon receipt of the signed and endorsed Ethics Clause
form (attached).
19. ]DRUG FREE WORK PLACE FORM: Acceptance of the Bid is
contingent upon receipt of the signed Drug Free Work
Place form (attached).
Af~ftl~lt~
. -. - . -.. .........".,.,..".
GEFlTfEfGArEOEfNSHHANOE
ISSUE OA TE (QM'6hXVr:'
o 1 /31 /97
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
PRODUCER
SAFE HARBOR INSURANCE
735 COLORADO AVE
PO BOX 2210
STUART, FLORIDA 34995
COMPANIES AFFORDING COVERAGE
INSURED
COMPANY A
LET TER
COMPANY B
LETTER
COMPANY C
LETTER
COMPANY 0
LETTER
COMPANY E
LETTER
... \VAIVER:
CLASSIC SYNDICATE/UBE
AM. UNDERWATER CONTRACTORS
& SCUBA SCRUBBERS INC
1605 US HvVY # 1 SOUTH #4-0
JUPITER FL 33477
NAGfMENT
'W
23ra\~'l'
. l.f I A' ... V:-.. 'VES' .................
DATE
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....
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<Hi?<<}i%jti\i/>}>)>)~?)fHi}i\i({r}}(YrHi/
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH HESPECT TO WHICH THIS
CERTIFI(-:ATIE MAY HE 15SUEO OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
POLICY NUMBER
: POLICY EFFECTIVE POLICY EXPIRATION
DA TE (MM/OD/YY) DA TE (MM/DD/YY)
LI MITS
TYPE OF INSURANCE
A
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE X OCCUR. ~
OWNER'S & CONTRACTOR'S PROTo
~ EACH OCCURRENCE
~ GENERAL AGGREGATE
~ PRODUCTS-COMP/OP AGGR.
~ PERSONAL & ADV. INJURY
95HV0047F
08/30/96
08/30/97
~ FIRE DAMAGE (Anyone fire)
~ MED. EXPENSE (Anyone person)
~ COMBINED SINGLE
~ 1I MI T
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
: DODILY INJURY
i (Per person)
~ BOalL Y INJURY
i (Per accident)
~ PROPERTY DAMAGE
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELU\ FORM
~ EACH OCCURENCE
~ AGGREGATE
~!!!U)!!~!!~!@!~!!~! W!!!!~!{?~!!!!!!!~!!!!~!!!!!f!~!!!!!!!U!!!!!!@~!!!!!!!!!~!!!!!!!!!~!!!!!!!!~!?!!!!~~!!!!!~ \!!~!!~Ii!!!!!!!t!~~!~:!::
WORkER'S COMPENSAnON
ArlO
EMPLOYERS' LIABILITY
C)l~~1 '
.~':H~
.? ,909.,.9.99.
.... ~...q99 !9.9.9..
.1..Q9.9!990
.... .... J. ~9.9.q.'9q9.
. ..5.9.,999.
5,000
........:. .~.:~ !~:.~.~.Y. ~I.~.I!S ... !!!![!!:!!!\!!!!!!!!}!!!!r!!!!~V!!!!H!r{!!!~!!))
~ EACH ACCIDENT $
~ DISEASE-POLICY LIMIT $
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . . . . . . . .
~ DISEASE-EACH EMPLOYEE $
. . :. '" :::.::: :::::::::::::i!::::!::::!i):i:!: ::::;~ ^~.~:~ ttAt~.Q.ij.:jj::ji!jijjj!i!i:i!i!:!:!:!::i~i~ii~i:::jjj~!i!:!i:ii~fi!:!i~i~i!;ij::i:!j:fi:!~!iii!j::f:!i::if!:!:!i:iji!i!iiii:j:!ifi!::i!:j:iiiiii;i!ii:!:::!:!:!if:!iijjj!:!ijj!i!:!:m:jj!i!i!i!:!ii:jii:!:!i~i!i!i::!:!jii;!!:j!!i!!!ii:::::i:::::!:!:;:::::::.::::::
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES OE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL ~ DAYS WRITTEN NOTICE T ~E CERTIFICATE HOLDER NAMED TO THE
lEFT, BUT FAILURE TO MAIL SUCf('NOTlCE HALL IMPOSE NO OBLIGATION OR
OTHER
DESCRIPTION OF OPERA TlONSIlOCATlONS/vEHIClES/SPECIAlITEMS
UNDERWATER DIVE CONTRACTOR ADD'L INS: COUNTY OF MONROE
* .STA TE OF FLOHIOA..
.C.E.~:r.~.f~.(:'A.t~:;~.Q:t.ij.~ fl:::::::::::::
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COUNTY OF MONROE
K MCGEE/COrvlM SERVICE DIV
~)100 COIJr:CE HD
KEY wcs-r fl 33040
II ^ B I L1l Y OF ^ N Y KIND U J> 0 N 1 If [ COM P \ NY. ITS ^ G r- N 1 S on fl [ P n [ s Er~1 r, r I v L S.
,
.I
/lllT Hom leu nlrnr SlNl A TlVE
// /'.
_(eft (:(
/>r ) ;{
~) ^CORO co RPORA TlON 199C:_____
^ C 0_ n [] 2 5 ~ S (7 /90 )
PRODUCEI1~:
A~D ~RI})~~A,G[MHr
NT A W . .A.' /1/\1 '"
CERTIFICATE OF INSURANCE nAT~ ,'~-c:2\ _<1 ')
THIS CERTIFICATE IS ISSUED A~AxrMA ~t1pr.~ - '-.
INFORMATION ONLY AND CONFERS NO RIGHT
UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
ULfJ K I 'Y)
{J('~ J~---nt
Charter Lakes Insurance Agency
P.O. Box 8797
Kentwood, M[I 4518-8797
INSURED:
Dennis Leith
112 Parker Drive
Islamorada, Fi'L 33036
Sv bcon+('ucfL}( to
Am Ut1de(w<{fer (.onifQ(+D(54- _
,,9(JbQ ~crlJhb~r, i tI(
""
COVERAGE,S:
COMPANIES AFFORDING COVERAGE
Company
Letter A - St. Paul Insurance Company - Guide
Company
Letter B
This is to certify that the policies of insurance listed below have been issued to the insured named
above for the policy period indicated, notwithstanding any requirement, term orcondition of any
contract or other document with respect to which this certificate may be issued or may pertain, the
insurance afforded by the policies described herein is subject to all the terms, exclusions, and
conditions of such policies.
Type of Insllrance
Policy Number Policy Effective
Policy Expiration
Limits
GENERAL LIABILITY
AUTOMOBILE LIABILITY
EXCESS LIABILITY
WORKER'S
COMPENSATION .A~D
EMPLOYERS' LIABILITY
PROTECfION ANC.
INDEMNITY LIABILITY
99567051 FL
01/17/97
01/17/98
500000
DESCRIPTION:
Marine Contracting
CERTIFICATE HOLDER:
Monroe County ]Board of
County Commisioners
Attn: Kim McGee
5100 College Road
Key West FL 33040,
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE
CANCELLED BEFORE THE EXPIRATION DATE THEREOF,
THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10
DAYS WRITTEN NOTICE TO .THE CERTIFICATE HOLDER
NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH
NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF
ANY KIND UPON THE COMPANY, ITS AGENTS OR
REPRESENTATIVES.
AUTI-IORIZED REPRESENTATIVE: Erin Van Epps
DATE: 03/17/97
1996 Edition
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be
waived or rnodified on the following contract.
Contractor:
Adam's Waterway No Wake Zone
Contract for:
American Underwater Contractors
Address of Contractor:
1605 s. US Hi~hwav One
Jupiter, FL 33477
Phone:
(407) 575-0050
Scope of W'ork:
Buoy Installation and Signage Installation
Reason for 'Waiver:
We-American Underwater Contractors has less employees
than
Policies Waiver
will apply t():
Approved y.. Not Approved
~ ~'-{)&-t~~
(?/~llq 7
Florida Statutes.
'?r~
Signature of Contractor:
Risk Management
Date
County Adnlinistrator appeal:
Approved:
Not Approved:
Date:
Board of County Commissioners appeal:
Approved:
Not Approved:
Meeting Date:
Adnlinistration Instruction
#4709.2
un
I, ~
SWQRN' STATEMENT UNDER. ORDINANCE NO. IO-129Q
MONROE COUNTY. FLORIDA
ETHlCS CLAUSE
~~CI::N t )~~O~I.\"tE.e.. ~)r...n::S' warrants that he/it has not employed, retained
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance no. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County
may, in its d iscret ion, term inate th is contract without I iabi I ity and may also, in its discretion,
deduclt from the contract or purchase price, or otherwise recover, the full amount of any fee,
y officer or employee.
...
. Date:
(signature)
\ !lit ql
STATE~OF
'\
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
~L1 0 RJs \ t-?
..
who, after first being sworn by me, affixed hislher
ignature (name of individual signing) in the space provided above on this \ y
day of
f\JJ..rl.~ ,I ill
(/
My commission expires:
"'''~'fl'"" KAREN OURREN
!~~A"". ~ IIV COMMISSION' CC 577ai7
-.. SIr... I
~~ .~~ EXPIRES: October 24, 2000
~~Ziir.~~"". Bonded Thru Notary PubRc Underwrftera
OMO - ~t1CP FOI~M #4
I, ~fQ~ \ )\-JCt32\~\t.Q... ili\\j!(b,(/Q tt)~f the city
of 0UPt TE.e..- R- according to law on my oath, and under
penalty of perjury, depose and say that;
~ O'~MO
1) I am 1.Vt~<P:N l)\\.\~\EQ ctl\.IT. fO~'TD2-, the bidder making the
Proposal for the project described as follows:
2) The prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting competition, as
to an~f matter relating to such prices with any other bidder or with any competitor;
3) Unless otherwise required by law, the prices which have been quoted in this bid
have not been knowingly disclosed by the bidder and will not knowingly be disclosed by
the bidder prior to bid opening, directly or indirectly, to any other bidder or to any
competitor; and
4) No attempt ha1> been made or will be made by the bidder to induce any other
person, partnership or corporation to submit, or not to submit, a bid for the purpose of
restricting competition; .
5) The statements contained in this affidavit are true and correct, and made with
full knowledge that Monroe County relies upon the truth of the statements contained in
this affidavit in awarding contracts for sa" project.
STA TE: OF F~
COUNTY OF ~'t\ \3~4-
... -
DATE
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
~"I D w~e who, after first being sworn by me, (name of
individual signing) ixed his/her signature in the space provided above on this
~~day
My commission expires:
~...,.~':t.~:t;;"'" KAREN DURREN
g..~../;;,-'ltfJ: MY COMMISSION' CC snOO7
~.~-~:f EXPIRES; October 2~. 2000
....0,iff:."r.-~~'.... 8ond8d Thru Notary Pubftc UndeM1fters
OMS - ~IICP FORM #1
. '
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
~EQ.li~\ \ '~rE?\(/6.~~ CDN:~C'J7Pf.
(Name of Business)
I. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that
will b<: laken against employees for violations of such prohibition.
2. Infc)rm employees about the dangers of drug abuse in the workplace, the business's policy of maintaining
a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs,
and thc~ penalties that may be impo~ed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that arc under bid a
copy of the statement specified in subsection (I).
/
4. In the statement specified in subsection (I). nol ify the employees that, as a condition of working on the
commodities Of -contractual serviccs that arc under bid, the employee will abide by the terms of the
statement and will notify the..c..!.nployer of any conviction of, or plea of guilty or nolo contendere to, any
violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any
slate, for a violation occurring in the workplacc no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation
program if such is available in thc employcc's community. or any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this
section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requiren1ents.
Bidder's Signature \
. . J111. q 1
[) a ( e
OMB - M'C:PIIS