Item B09BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 02-17-00 Division: Growth Management
Bulk Item:YES X NO Department: Marine Resources
AGENDA ITEM WORDING: Approval of the Resolution and the Contract
Agreement between Monroe County and American Underwater Contractors for the
removal and legal disposal of four buoys and the installation of four new shallow water
markers, Jolly Rogers, Little Torch.
ITEM: The Marine and Port Advisory Committee has reviewed and approved the
project and all permits have been issued. Two quotes received A.S.A.P., Inc.-$16,900
and American Underwater-$4,940.
PREVIOUS RELEVANT BOCC ACTION: None
STAFF RECOMMENDATION: Approval
TOTAL COST: $ 4,940.00
COST TO COUNTY:Staff Time Only
REVENUE PRODUCING: YES
APPROVED BY:COATTY X
DEPARTMENT HEAD APPROVAL:
DIVISION DIRECTOR APPROVA]
Timothy J.
BUDGETED:
BIF
NO X AMT. PER MO.
DOCUMENTATION: INCLUDED: X
DISPOSITION:
X
-Di
YEAR
, Marine Resources
, Growth Management
TO FOLLOW: NOT REQUIRED:
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
*4 1-
Contract with: American Underwater Contractors Effective Date:
_/ /_
Expiration Date: _/_/_
Contract Purpose/Description: Removal and disposal of four buoys and the installation
of four shallow water markers, Jolly Rogers, Little Torch Key.
Contract Manager: Kim McGee 4511 Marine R sourc S-Marino Prnjec
(Name) (Ext.) (Department) Section
for BOCC meeting on 2 17 / 00 Agenda Deadline: 1 /3j_/ oo —(GM)
CONTRACT COSTS
Total Dollar Value of Contract: $ 4,940.00 Current Year Portion: $
Budgeted? Yes No Account Codes: - NEW -
Grant: $ BIF 4,940.00
- - -
County Match: $ - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ N/A /yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
Division Director
Risk. anage got
W.
O.B./Pur sing
County Attorney
Comments :
Date hi
Z/ L / 00
CONTRACT REVIEW
Changes
Need(
Yes
I / fi/ bb (
—LIO '126 ( )
OMB Pone Revised 9/30/95 MCI' N2
Date Out
s
Growth Management Division
RESOLUTION NO. 2000
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, AUTHORIZING AN ALLOCATION FROM THE BOATING
IMPROVEMENT FUND FOR THE REMOVAL AND LEGAL DISPOSAL OF
FOUR BUOYS AND THE INSTALLATION OF FOUR SHALLOW WATER
MARKERS, JOLLY ROGERS, LITTLE TORCH KEY.
BE IT RESOLVED, by the Board of County Commissioners of Monroe County,
Florida, as follows:
1. That said Board has been notified of the availability of -funds from the Monroe
County Boating Improvement Fund for the removal and legal disposal of four
buoys and the installation of four shallow water markers at Jolly Rogers, Little
Torch Key, Monroe County.
2. That the Growth Management Division Marine Resources Marine Projects
Section acting for Monroe County has determined the eligibility of this project
for the use of Boating Improvement Funds in the amount of $4,940.00.
3. That said Board hereby directs the implementation of this project by the Marine
Projects Coordinator.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on day of
A.D., 2000.
(Seal)
Attest:
MAYOR Shirley Freeman
COMMISSIONER Wilhelmina Harvey
COMMISSIONER George Neugent
COMMISSIONER Nora Williams
COMMISSIONER Mary Kay Reich
Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
MAYOR/ COMMISSIONERS
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CONTRACT AGREEMENT
AGREEMENT, MADE THIS day of 2000, by and
between, American Underwater (" Contractor "), and the BOARD OF
Contractors
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 removal and legal
disposal of four buoys and the installation of four regulatory shallow water markers,
Jolly Rogers, Little Torch Key, Monroe County as specified by the chart and
specifications attached as exhibits A and B.
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 May 31,
2000.
3. The work performed under the Contract is contingent upon grant funding
from the Florida Department of Environmental Protection Boating Improvement Fund.
The Contractor understands the rules of the Florida Department of Environmental
Protection and shall comply with said rules, along with 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 B are understood by the
Contractor.
4. The Board shall pay the Contractor the total sum of $ 4,240.00 for the
work listed in Exhibit A and B of this Contract. Payment shall be upon completion by
the Contractor and review and approval of the close out documentation by the Marine
Projects Coordinator. No Change Orders will be allowed.
5. The attached List, Chart, 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 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.
I L 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 of 36 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)
Attest: DANNY L. KOLHAGE, CLERK
Deputy Clerk
.�I
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
02
Mayor/Chairman
Busin ss ame: Contractors
By:
APPROVED AS TO F RM AN AL
B
ROBERT N.
DATE ���
EXHIBIT A
Countyof Monroe
Department of Marine Resources
2798 Overseas Highway, Suite 420
Marathon, Florida 33050
Phone: (305) 289-2805
FAX: (305) 289-2536
December 8, 1999
Jolly Roger Regulatory Zone
B,oard of County Coinmissioners
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
After the recent installation of shallow water -markers replacing damaged buoys at Jolly Roger,
we now have only four buoys left. All four of those buoys are in poor condition and should be
changed over to shallow -water markers if funding is available. Please proceed with the
installation of new markers at Jolly Roger as described below:
Site Problem
Jolly Roger Four remaining buoys
(at Little Torch Key) in poor condition
Installation
Remove buoys and install shallow -water
markers (4):
IDL EED
NO
PERMIT NO.95-051 CO.ORD. 042.1994
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GENERAL CONTRACT SPECIFICATIONS FOR INSTALLATION OF AIDS TO
NAVIGATION REGULATORY BUOYS/SIGNS, AND OTHER MARINE
PROJECTS
1. SCOPE OF WORK: The Contractor shall be responsible for providing all
supervision, labor, equipment, tools, fees and taxes required to complete this project to
the satisfaction of the County.
The Contractor's procedure and work methods must satisfy the requirements of these
specifications and all necessary environmental permits.
2. MATERIALS AND WORKMANSHIP: The Contractor shall provide the necessary
materials and equipment to safely complete the job. The Contractor agrees that all
work shall be performed by competent employees who are experienced and qualified
to do the work specified, and that all work will be performed in accordance with the
best commercial practices.
Precaution shall be exercised at all times for the protection of persons and property.
The safety provisions of the Occupational Safety and Health Act of 1970 ( Public Law
91-596) and other applicable laws, including building and construction codes shall be
observed.
Tie Contractor shall store materials and shall be responsible for them during the
contract time"frame and until final acceptance of the completed work. If any of the
materials become lost, damaged, or destroyed by any cause or means whatsoever, the
Contractor shall satisfactorily repair, replace and/or remove, or not receive payment
for work unsatisfactorily performed. Suitable and sufficient guards and barriers must
be utilized at night, and must be suitable protection for the prevention of accidents.
3. ASSIGNMENTS OF CONTRACTOR AND SUBCONTRACTORS: It is expressly
understood that the Contractor is in all respects an independent Contractor for this
work, not withstanding under certain conditions. He is bound to follow the directions
of the County, and is in no respect an agent, servant, or employee of the County.
Neither the Contract, nor any part thereof, nor any Monies due or to become due there
under, may be assigned by the Contractor without the prior written approval of the
County.
The Contractor is fully responsible to the County for the acts and omissions of his
subcontractors and of persons either directly or indirectly employed by said
subcontractor, as lie is for the acts and omissions of the contract documents and shall
abide by the terms and the conditions. It is the responsibility of the Contractor to pay
all the obligations incurred with subcontractors in an expedient manner.
4. LICENSE, POLLUTION CONTROL ACT, AND TRAFFIC PROVISION:
The Contractor shall comply with all applicable local, State and Federal
requirements pertaining to the terms of the Contract. The Contractor will be
responsible for obtaining, at his own expense, any license that may be
required. The Contractor shall comply with all the requirements of the Federal
Pollution Control Act.
The Contractor shall conduct his operations so that he shall not close any
thoroughfare nor interface in any way with traffic on highways, or on water,
Without the written consent of the proper authorities. Work shall be done at any
time that shall interrupt or disturb members of the public. Consideration should
be given all times to the welfare of the public. .
5. INSURANCE: The Contractor must obtain all insurance required by the
County and submit proof of same to the County immediately after notification
of low bid or quote but no later than ten working days after. All insurance shall
be maintained until work has been completed and accepted by the County.
The Contractor shall furnish the following certificates of insurance for review
by the County's Risk Management Division.
Certificates of Insurance: provide proof that the Contractor has obtained the insurance
cgverage required in paragraphs a,b,c,d,and a below.
a• Workers Compensation Insurance as required by Florida Statues.
b. General Liability Insurance in the amount of $300,000.
C. Vehicle Liability Insurance in the amount of $100,000
d. Water Craft Liability Insurance in the amount of $500,000.
C. Federal Jones Act Coverage .
business under the laws of the State of Florida. All policies
All insurance policies required above shall be issued by companies authorized to do
must list Monroe County as
additional insured with the exception of the Workers Compensation Policy.
6. COMMENCEMENT, DELAYS AND COMPLETION OF WORK: After
receiving Board of County Commission approval of the Contract, and after
reconciliation of any details or conditions which may directly or indirectly
interfere with the Contract, the County will issue a "Notice to Proceed with
Contract Work" officially authorizing the Contractor to commence. The
Contractor shall commence work on said date or shortly thereafter, If the
Project is considered and emergency the Notice to Proceed may be issued prior
to the execution of the Contract.
Contract by unforeseeable cause beyond his control, the time for the If the Contractor should be delayed in the progress of the work included in the
completion of the work may be extended upon agreement of the County's
representatives. Requests for the extension of time must be submitted in writing
to the County's representatives.
Extensions of time cannot legally be approved unless the written request is
submitted in time to permit it to be acted upon before the Contract expiration
date. To allow sufficient time for administrative procedures the written request
must be received by the County representative at 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
be waived by the County Commission. Such wavier shall be granted only when
the county representatives determines that the delay is beyond the control of the
Contractor, and in this event the Contractor shall not be charged with
liquidated damages or any excess cost when the delay in the completion of the
work is due:
a• To any issue order by the County or the State Department of Environmental
Protection changing the Contractors approved work schedule.
b • To unforeseeable cause beyond the control and with out the fault or negligence
of the Contractor.
C. To any delays of subcontractors or suppliers occasioned by any of the cause
specified in the subparagraphs (a) and (b) above.
Provided further that the Contractor shall within ten (10) days from the
beginning of such delay notify the county
The County's representative will ascertain,
the facts and the extent of the delayay
and notify the Contractor within a reasonable time of her decision in the matter.
If the Contractor fails to complete the work within the time limit, and if the
County should nevertheless permit the Contractor to continue and complete, the
same without official extension of time in writing, such permission shall not
modify nor waive any liability of the Contractor for damages arising from non -
completion of work within the time limit.
7. CHANGES AND INSPECTION: The navigational and/or regulatory aids
herein considered are to be installed, repaired, or relocated for the County by
the Contractor in accordance with the Specifications. The County may give
instructions or directions to supplement the Specifications and upon all of
his subcontractors, employees and agents of every kind.
All work and every process and operation shall be subject to inspections at all
times, by the County and their representatives and they shall have free access
to all access to all aspects of work. The Contractor shall remove, or make
good, as may be directed, without charge, any defective materials. The right is
reserved to change the Specifications consistent with regard to the general
intention of the Contract for any part of work or materials, either before or
after work has begun. Notice of such changes shall be given in writing to the
Contractor.
8. AUDIT RIGHTS : As a provision of the grant from the State of Florida to the
County, and if so requested by the State, the successful bidder agrees to
provide access to all records and allow the audit of any books, documents and
papers related to this project for up to one year during and after termination of
the Contract.
9. CONTRACT AWARD: The County reserves the right to evaluate the
submitted bids and to award a contract to bidder other than the bidder
submitting the lowest bid.
10: - PREWORK CONFERENCE: A meeting may be necessary involving a
representative of the County, the Contractor and the other parties with direct
involvement, prior to the commencement of the work..The time and place of
this Conference will be set by the County representatives. At this time the
Contractor shall provide the County with a work schedule. The Contractor
must also provide transportation to the proposed project site for placement of
temporary markers if the project involves the installation of regulatory buoys or
aids to navigation.
11. EXECUTION OF CONTRACT DOCUMENTS: Due to the time frame
involved with this project, the Contractor upon notification that he is to be
awarded the Contract, shall return said documents properly executed along with
his insurance within ten working days. With the Contractor's cooperation,
if this period can be reduced, it will assist in excelleration of the execution of
the contract documents. The Contractor, by virtue of signing the Contract,
acknowledges that he and all his subcontractors have satisfied themselves as to
the nature and location of work, the general and local conditions, including,
but not restricted to, those bearing upon transportation, handling, and the
care of equipment and facilities needed to perform the work. Failure on the
part of the Contractor to completely or properly evaluate any factors of his
costs prior to bidding shall not form a basis for additional compensation if he is
awarded the Contract.
If for any reason, not acceptable to the County, the Contractor does not
perform, the County shall have the right to levy liquidation damages against the
Contractor. Liquidated damages shall be assessed against the Contractor for
any bid item awarded to him which is not completed and accepted in the
Contract. Liquidated damages are accumulative.
12. NOTICE TO PROCEED: The Contractor shall commence upon this project on
the effective date of the Notice to Proceed and perform in a continuous manner
until completion and acceptance by the County. For Contracts wherein a
specified number of days for completion is stated in the Contract the effective
date of the "Notice to Proceed with Contract Work " will establish the "
beginning date" of the project.
1 TERMINATION OF CONTRACT: This Contract may be terminated by the
County, without cause, giving up to ten (10) days written notice to the
Contractor; said notice shall be sufficient if delivered to the party personally or
mailed by certified mail to his mailing address as specified on the acceptance
bid.
14. FINAL CLEAN UP: Upon completion of the work specified herein and before
acceptance and final payment shall be made, the Contractor shall remove from
the sites all machinery, equipment, surplus and discarded materials, rubbish
and debris shall be made at legal disposal site.
15. Certification: Bidder must also certify,
installations where in accordance with these specifications, the Floridat, all
Department of Environmental Protection permit requirements, the US Coast
Guard permit requirements, and the US Army Corp of Engineers permit
requirements and associated attachments.
16. PAYMENT: Payment shall be upon completion by the Contractor and review
and approval by the Marine Projects Coordinator. The Contractor must submit
complete documentation, including the required photographs for the work
for which payment is being requested. The contractor must provide
transportation, upon request by the Marine Projects Coordinator, to the project
site for review of work either in progress or completed . In addition, property
public or private, if damaged during the work, shall be repaired or replaced
prior to final payment for contracted work.
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