Shelter Bay, Key Colony
CONTRACT AGREEMENT
AGREEMENT, MADE THIS /;.6 ~ayof Ap~/t-2003, byand
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 materials for the installation of four aids to
navigation, Shelter Bay, Key Colony Beach, 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 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$ 5.947.00 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 ifrepeated herein verbatim.
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 of the
complete work along with a letter certifYing completion of work.
The Contractor will be responsible for the camera, film, and development costs.
The Contractor also agrees to provide transportation for the Liaison to inspect the
completed work.
9. The Contractor understands and agrees that no payment will be made for this
project without required photographs and written certification of completion.
10. Due to the use of heavy equipment and, at times, dangerous work
environment, the Contractor understands and agrees to maintain an alcohol and drug free
work environment.
11. The CONTRACTOR will be responsible for all necessary insurance coverage
as indicated by the an "X" on the attached forms of Exhibit C identified as General
Insurance Requirements and INSKLST 1-4, as further detailed on forms WC1, 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
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~~C: ~)g~ BY"" f:j;. >n ~
Deputy Clerk 'May r/Chairman
Witness
Witness:
Exhibit A
Scone of Work
For Marker Installations Into Kev Colonv Beach
The awarded contractor shall install markers in a previously unmarked channel. The route
leading into Shelter Bay from Vaca Cut, adjacent to Key Colony Beach in the middle Keys, shall
be marked with lateral aids. The work entails the removal and disposal of two existing
(unpermitted) pilings, the installation of four new 9" diameter piles, and the installation of small
size lateral aids signs (1 ~' x 1 ~ green squares and 2' x 2' red triangles) on the four piles (eight
signs total). The contractor shall provide all materials and supplies, including piling caps. See
the attached color GIS map for marker locations. The following lateral aids shall be installed:
Name of Aid
Shelter Bay DBN 1
Shelter Bay DBN 3
Shelter Bay DBN 5
Shelter Bay DBN 7
Approximate Locations (NAD83)
24043' 35.8" 81001' 30.8"
24043'37.1" 81001'25.7"
24043' 37.2" 81001' 22.9"
24043' 37.9" 81001' 17.4"
Contractors should refer to the attached Monroe County Specifications sheets for more detailed
information regarding specifications and installation of small size piles and signs. Contractors
must coordinate the installations with Richard Jones, Marine Resources Planner (305289-2805),
to ensure that all work is performed satisfactorily.
- 14
-11
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-7
-5
-1
-3
Exhibit B
MONROE COUNTY
Specifications For the Repair/ReplacementJInstallation of
Aids to Navigation, Regulatory Markers, and Information Markers
(updated 04/15/02)
For all pilines:
. 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 (lnm nominal range) and smaller size ('i2 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 'i2" (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.
...................................................................................................................................................................
1
Standard size markers: Signs for these markers have a 1 run 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 of the sign assembly.
Smaller size markers: For certain situations smaller size signs should be used (this will be
indicated on the work order). These signs will have a Y2 run nominal range. The standard size
for such signs is- 1 Y2' x 1 ~' 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 SUBJ\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 form and submit it with each proposal. .
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
WCI
WC2
WC3
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
$500,000/$500,000/$ 500, 000
$1,900,000/$1,000,000/$1,000,000
Same as Employers'
Liability
Same as Employers'
Liability
WCJA
INSCKLST 1
Administration Instruction
114709.2
1996 Edition
GENERAL LJABILi:fY
As a minimum, the required general liability coverages will include:
· Premises Operations
· Blanket C~mtractual
· Expanded Definition
of Property Damage
Required Limits:
GLl
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; $1,000,0'10 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 same limits as the basic policy.
Administration Instruction
114709.2
INSCKLST 2
1996 Edition
VEHICLE LJABIL~1Y:
As a minimum, coverage should extend to liability for:
· Owned; Non-owned; and Hired Vehjcles
Required Limits:
BR1
MVC
PR01
PR02
PR03
POLl
POL2
POL3
ED1
ED2
GK1
GK2
GK3
\lLl x
VL1
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 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/$l ,000,000 Agg.
$1,000,000 per Occurrence/$2,000,000 Agg.
$ 500,000 per Occurrence/$l ,000,000 Agg.
$1,000,000 per Occurrence/$2,000,000 Agg.
$5,000,000 per Occurrence/$l 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 3
1996 Edition
INSURANCE AGENTS ST~~TEMENT
I have reviewed the above requirements with the bidder named below. The following deductibles
apply to the corresponding policy.
POLI<::::Y
DEDUCTIBLES
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
#4709.2
1996 Edition
\VORKERS' COMPE}\;~ATION
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 with 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
.t
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
1/4709.2
1996 Edition
\\'ORKERS' COl\1~NSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
f 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 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
/14709.2
1996 Edition
GENERAL LIABH;S-TY
INSURANCE REQUIREMENTS
FOR
CONTRACT
,
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:
1
$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 following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfY the above requirements.
GLI
Administration Instruction
114709.2
1996 Edition
VEHICLE LIABILI1;Y' !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)
J:
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
#4709.2
80
1996 Edition
\V A TER CRAFT LIAHr.yJ'_~
INSURANCE REQUIREJ\~N'I'S
FOR
CONTRACT
, 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 II (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.rner.
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.
WLI
Administration Instruction
1/47092