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Item B14 10/06/00 15:43 F~~ 2892536 PLANNING DEPT. 1 -~~- I ~~b ~: :j~f'n t- ~UC-1 r'1AK 1 Nt. PRUJEC TS 2'35 4317 Ial 03 P.l BOARD OF COUNTY COMf\.11SSIONERS AGENDA ITEM SUMMARY Meeting Date: 10-19-00 Division: Growth Management 8ulkltem:YES X NO_ Department:Marine Resomces AGE.1'lnA ITEM WORDING: Approval of the Resolution and the Contract Agreement between Monroe County and A.SAP., Inc. for the Emergency repair of channel markers #3 & #4 Windley Key Channel ITEM: The~e two aids to n3"igatioD are damaged and need to be repaired immediately, Two quotes received-American Undenvater Contractors $3~320.00 and A.S.AP.. rnc.- $2,800,00. PREVIOUS RELEVANT BOCC ACTION: None STAFF RECOMMENDA nON: Approval ~rO'LAL COST: $2.800.00 BUDGETED:~ COST TO COUNTY: Staff'Time Only BIF REVENUE PRODUCING: YES NO X AMT. PER MO,_YEAR APPROVED BY,COATTY X OMB,I~ DEP ART!\1ENT HEAD APPROVAL: George DOClJME}.T'fATION: INCLUDED:--X- W: I JOT REQUIRED: I" AGENDA ITEM #~.., DIVISION D[RECTOR APPROV Timothy J. ~ DISPOSITION: 10/06/00 15:43 F~l 2892536 PLANNING DEPT. 1-29-1996 8,38Pt,j FROt.j t.1ARINE PROJECTS 295 4317 MONROE COUNTY BOARD OF COUNTY COM...1\flSSIONERS IaI 02 P.2 CONTRACT SUMMARY Contract # _. 'j:r '~. Contract with:A..s.A..P.. Iue~ Effective Oate:_I_'_ Expiration Date: _1_1_ Contract Purpcse/Description: ber$teucy Y:;~.2.:i.r of ~hamle1 markers '3 & 14 W1.nd1ey Xey. Contract Manager: lCimMcCe.e (Name) 4511 (Ell.t.) Har1ue Pxoiects (Department) for BOCC meeting on 10 "-12-' 00 Agenda Deadline: 10 1-2-/JJSL- Total Dollar Value of Contract: $ Budgeted? Yes_No_ Grant: $ 2,800600 (BIF) County Match: $ W/A CONTRAcr COSTS 2..800.00 Currenl Year Portion: $ 1 .800 600 Account COdes:_,", ,9ml,~ - ..1S1=-~70-~ - 303~ ADDITIONAL COSTS Iyr For: (e:. mai.."l.termlv.:e, utilitie$. janitori21, salaries. etc.) Estimated Ongoil"g Costs: $ wI.\. (Not included in doll.".. value above) CONTRA.CT REVIEW Changes Date In Needed Yes No ./ Division Director 'O!~/_ 00 ( ) (c:y' ( Risk Managemr i I1.J ..~-' !l'O ( ) <'() o,~~'ing /O,~ ( ) County Attorney lfl./ J/ I ~ ( ) Comments : OMB form Revised 8130,9;' Mer to. Date Out fLI~@ 1f2ISJ~~ /jJ IJI a-V /dllfl!li2 -- 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 REPAIR OF AIDS TO NAVIGATION #3 & #4 WINDLEY KEY, MONROE COUNTY. 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 repair of Aids to Navigation #3 & #4 Windley 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. Project amount is $2,800. 3. That said Board hereby directs the implementation of this project by the Marine Projects Coordinator. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on_ day of A.D., 2000. MAYOR Shirley Freeman COMMISSIONER Wilhelmina Harvey COMMISSIONER George Neugent COMMISSIONER Nora Williams COMMISSIONER Mary Kay Reich BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: MA YORl COMMISSIONERS (Seal) Attest: Clerk CONTRACT AGREEMENT AGREEMENT, MADE THIS day of 2000, by and between, A.S.A.P., Inc. (" Contractor "), and the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, ofthe County of Monroe, State of Florida (Board). The Contractor and the Board, for the consideration named, agree as follows: 1. The Contractor shall furnish all the materials for the emergency repair of channel markers #3 & #4 Windley Key Channel. 2. The work performed under the Contract shall commence immediately from the date the Liaison provides the Notice to Proceed and shall be completed by December 31, 2000. 3. The work performed under the Contract is contingent upon grant funding from the Florida Department of Environmental Protection Boating Improvement Fund. The Contractor understands the rules of the Florida Department of Environmental Protection and shall comply with said rules, along with the rules and procedures instituted by the Board to ensure an orderly progress to the project. Both the intent and the requirements of the Specifications attached as Exhibit B are understood by the Contractor. 4. The Board shall pay the Contractor the total sum of$ 2,800.00 for the work listed in Exhibit A 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, 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 camer~ 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 WCl, WCJA, GLl, VLl, & 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 oftermination. 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: Deputy Clerk BY: Mayor/Chairman Witness: ~:?/~ j;E Witness:JJ11\. ~.(..~_~ By: EXHIBIT A County of Monroe Deoartment of Marine Resources 2798 Overseas Highway, Suite 420 Marathon, Florida 33050 Phone: (305) 289-2805 FAX: (305) 289-2536 . . Board of Countv Commissioners Mayor 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 September 1, 2000 To: Kim McGee, Marine Projects Coordinator From: Richard Jones, Marine Resources Planner Re: Marking Needs at Windley Key A field survey earlier this week indicated two downed County markers in the Windley Key area. DBN 4 in the main channel on the oceanside of Windley Key is missing. DBN 3 located in the side channel has been broken off and has been placed next to the dock at Coconut Cove Resort. Please have the following marker maintenance performed: Channel Windley Key Channel Windley Key W Channel Discreuancv DBN 4 missing DBN 3 down Work to be uerformed Replace pile and signs Replace pile and signs, and dispose of broken marker