Jolly Roger Boating Restricted
, .
CONTRACT AGREEMENT
fA
AGREEMENT, MADE THIS //; day of me; L 2003, by and
between, American Underwater Contractors. Inc. (" 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 equipment and materials for the removal and
legal disposal of 13 shallow water markers/concrete anchors and the installation of 13
heavy duty regulatory buoys/embedment anchors according to the scope of work 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 June 30,2003.
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 Exhibit A & B are understood by the Contractor.
4. The Board shall pay the Contractor the total sum of$ 6.840.00 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 indellllli:fY 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 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 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 WCt, WCJA,
GL1, VL1, & WL1. 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 ofthis 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
day and year first written above.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
BY~~L.\S)u~~
Deputy Clerk
BY:~~ m ~~
Ma 7 rrman
Witness:
il':t€l~~e (I(j,,-,~,ACtr.'f\ (~-
Witness:
-.......
Title: P~t~( t'B-S/
B
EXHIBIT A
Scope of Work
For Jolly Roger Boating Restricted Area
The idle speed zone at Jolly Roger is being modified in two ways: 1) all thirteen shallow water
markers (see photo) will be replaced with State approved buoys, and; 2) the buoys will be
relocated further offshore to reflect the Sanctuary's 300' idle speed zoning.
The contractor shall remove and properly dispose of 13 shallow water markers (see attached
color GIS map for locations). The contractor shall also remove and properly dispose of 13
concrete anchors located next to the shallow water markers. The concrete anchors are
approximately 2'x2' square. Shallow water markers and concrete anchors are located in
approximately 2-6' of water.
The contractor shall install 13 heavy duty regulatory buoys at the locations shown on the
attached color GIS map. Buoys, lines, embedment anchors and all hardware shall meet the
specifications indicated on the attached specifications sheet. Language on the buoys shall read
as follows:
CO.ORD.042-1994
Contractors must coordinate the installations with Richard Jones, Marine Resources Planner (305
289-2805), to ensure that all work is performed satisfactorily.
.
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SUO!le:>Ol
J9>1JeVIIlU9JJno
Proposed Marker
Locations
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County of Monroe
EXHIBIT B
Department of Marine Resources
2798 Overseas Highway, Suite 420
Marathon, Florida 33050
Phone: (305) 289-2805
FAX: (305) 289-2536
Board of County Commissioners
Mayor Shirley Freeman, Dist. 3
Mayor Pro Tern George Neugent, Dist. 2
Wilhelmina Harvey, Dist. 1
Commissioner Nora Williams, Dist. 4
Commissioner Mary Kay Reich, Dist. 5
February 13, 2003
Specifications for Buoys and Downlines
The County requires that the following specifications are met for buoy installations:
Buoys should be heavy duty, High Density Polyethylene (HDPE), 9" diameter (no float collar),
approximately 45-50 Ibs., internal concrete ballast, approximately 61" total length,
approximately 38" exposure (above water), with reflective bands, UN inhibited, shatter proof,
unsinkable, urethane foam filled, self-righting, with a stainless steel mooring eye. All bands,
symbols, and language will meet the standards of the Florida Uniform Waterway Marking
System.
The down line should be 7/8" three strand heavy duty polypropylene, with an underwater line
float, UV treated, with eye splices on either end reinforced with a section of blue pliovic 1" ill
hose. The down line will be attached to the buoy and anchor system with W' stainless steel bow
shackles.
Specifications for Embedment Anchors *
The following options are required for the attachment of buoy lines to the bottom, dependent
upon bottom conditions:
For exposed rock bottom substrate the anchor will be the Halas pin system:
Minimum embedment depth of 18"; minimum pin size of 5/8" diameter by 18" length;
pin will be 316 stainless steel; pin to be installed in a 2" diameter by 18" deep drilled
hole; concrete will be Portland Type II cement.
For substrate of up to 5' of sand/mud overburden above a hard rock substrate the anchor will be a
rock penetrating helical embedment anchor:
Minimum anchor length 5'; minimum embedment into hard rock substrate at least 1';
minimum helical disk size 6"; minimum shaft diameter 1"; anchor will be galvanized
steel.
For sand or mud substrates of greater than 5' the anchor will be a soft bottom helical embedment
anchor:
Minimum anchor length 5'; minimum embedment depth 5'; minimum helical disk size
8"; minimum shaft diameter 1"; the anchor will be galvanized steel.
* All contractors must be experienced in the installation of marine embedment anchors.
EXH1BIT J::.
1996 Edilion
MONROE COUNTY, FLORIDA
INSURANCE CHECKLIST
FOR
VENDORS SUBMItTING PROPOSALS
FOR \VORK
To assist in the development of your proposal, the insurance coverages marked with an "X" will
be required iri the event an award is made to your firm. 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. .
\VORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
WC1
WC2
\VC3
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
$300,000/$500,000/$ 500,000
$1,900,000/$1,000,000/$1,000,000
Same as Employers'
Liability
Same as Employers'
Liability
\VCJA
INSCKLST I
Adminislralion InSlruClion
114709.2
1996 Edition
GENERAL LIABJL?rY'
As a minimum, the required general liability coverages will include:
· Premises Operations
· Blanket Cpntractual
· Expanded Definition
of Property Damage
Required Limits:
GL1
x
GL2
GL3
'GL4
Required Endorsement:
GLXCU
GLLIQ
GLS
.
PrqQucts 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
All endorsements are req~ired to have the same limits as the basic policy.
AdministratIOn Instruction
114709.2
lNSCKLST 2
1996 Edition
As a minimum, coverage should extend to liability for:
VEHICLE LIABILF-l'Y"
.
Owned; Non-owned; and Hired VehjGles
Required Limits:
BRl
MVC
PROl
PR02
PR03
POLl
POL2
POL3
EDl
ED2
GKl
GK2
GK3
YLl x
VLl
VL2
VL3
VL4
x
Administration Instruction
1147092
$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 qrnit
$5,000,000 Combined Single LiIlfit
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/$I ,000,000 Agg.
$1,000,000 per Occurrence/$2,000,000 Agg.
$5,000,000 per Occurrence/$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
1996 Edition
INSURANCE AGENTS ST~iTEMENT
I have reviewed the above requirements with the bidder named below. The following deductibles
apply to the corresponding policy.
POLICY
I I
DEDUCTlBLES
Liability policies are _ Occurrence
Claims Made
Insurance Agency
Signature
.
BIDDERS STATEMENT
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
114709,2
1996 Edition
'VORKERS' COMPE~A;'flON
INSURANCE REQUIREl\1ENTS
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 v.rith 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 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;:EN3A TION
INSURANCE REQUIREMENTS
FOR
CONTRACT
, I
BET\VEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract involves Maritime Operations, the Contractor's
Workers' Compensation Insurance Policy shall include coverage for claims subject to the Federal Jones
Act (46 D.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
AdminaSlralion Instruction
114709.2
1996 Edition
GENERAL LIABH;:.T\1.
INSURANCE REQUIREMENTS
FOR
CONTRACT
,
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 minimum limits acceptable shall be:
J:
$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 Edili(ln
VEHICLE LIABILI1;:f' (I,
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
$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
/I 4709 2
l!O
1996 Edilion
,V A TER CRAFT LIAB rl..JJ~~
INSURANCE REQUIREl\~'N1"S
FOR
CONTRACT
I I
BETV,'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 of a Vessel",
it shall be endorsed to provide coverage for the legal liability of the shipov,,'Iler.
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 issued to satisfy the above requirements.
WLl
AdminlSlration Inslruction
114709 2