Item K33
Revised 2127/01
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 5-1502
Bulk Item: Yes 181 No 0
Division: Growth Manaaement
Deparbnent: Marine Resources
AGENDA ITEM WORDING: Approval of the Contract Agreement between Monroe
County and American Underwater Contractors, Inc. for the Emergency repair of Vaca
Cut southern regulatory marker and disposal of the broken piling.
ITEM BACKGROUND: The Marine Resources Planner received complaints that this
marker had been destroyed and needed to be replaced. American Underwater was
working in the area and agreed to repair immediately for $1,800.00.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: New Contract
STAFF RECOMMENDATIONS Approval
TOTAL COST: $1.800.00
BUDGETED: Yes 181 No 0
BIF
COST TO COUNTY: Staff Time Onlv
REVENUE PRODUCING: Yes 0 No 181 AMOUNT PER: MO $ YR $
DIVISION DIRECTOR APPROVAL:
RISK MANAGEMENTf8I
APPROVED BY: COUNTY A TTYI8I OMB/
DOCUMENTATION: INCLUDED 181
~
DISPOSITION:
NOT REQUIRED 0
AGENDA ITEM ill: 'l~3'
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: American Underwater Contract #
Contractors, Inc. Effective Date:
Expiration Date:
Contract PurposelDescription:
EmerJ;tency re'Pair of Vaca Cut southern reJtUlatorv marker.
Contract Manager: Kim McGee 4511 M.R.-Marine Proiects
(Name) (Ext. ) (Department/Stop #) 9
Section
for BOCC meetin2 on 5-16-02 ~enda Deadline: 5-1-02
CONTRACT COSTS
Total Dollar Value of Contract: $ 1,800
Budgeted? Yes[i No D Account Codes:
Grant:S BIF
County Match: $ N/ A
Current Year Portion: S 1 ,800
157 - 62603 530- 340 -
ADDmONAL COSTS
Estimated Ongoing Costs: $ NIJlyr For:
(Not included in dollar value above) (CR. maintenance. utilities. ianitorial salaries. etc.)
CONTRACT REVIEW
Changes
Date In Needed Reviewer
Division Director YesD NoD
'-J'{\ ~ /) ;)
Risk Management i-j,~ (.,:~ YesD Nos' ~ l'! *~~~
O.M.B.lPurchasing 1fuJ,oz.,. YesD No~ ~i
County Attorney 'f -2-<--<>2.- YesO Noi;iiil~~
t/
Date Out
4,)'f~.r
Comments:
OMB Fonn Revised 2/27/01 MCP #2
AMERICAN UNDERWATER CONTRACTORS, INC.
102 SUN F1SB LANE JUPITER. FL 33477
Direct: 561-371-6510 Oflice: 561-57~ Fa: 561-575-4651
e-mail: AUCfoner@aol.com
March 15,2002
Mrs. Kim McGee
Marine Projects Coordinator
Community Services Division
County of Monroe
Key West, FL 33040
Ph: 305-292-4511
Fx: 305-295-4317
RE: Emergency Piling and Sign replacement: Vaca Channel
Dear Kim:
American Underwater Contractors, Inc. can install the piling and signs for emergency
replacement in Vaca Channel for a lump sum price of$1,800.00 (Eighteen hundred
dollars). We can replace the pile within the next few days per Rich Jones' direction.
~mUS'
David Foster
President,
American Underwater Contractors, Inc.
CONTRACT AGREEMENT
AGREEMENT, MADE TIllS day of 2002, by and
between, American Underwater Contractors. Inc. (" Contractor "), and the BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, of the County of
Monroe, State of Florida (Board).
The Contractor and the Board, for the consideration named, agree as follows:
1. The Contractor shall furnish all the materials for the Emergency repair of the
Vaca Cut southern regulatory marker, Monroe County and disposal of the broken piling as
specified by Exlnbit A.
2. The work performed under the Contract shall commence immediately from the
date the Liaison provides the Notice to Proceed and shall be completed by May 31, 2002.
3. The Contractor understands the rules and procedures instituted by the Board to
ensure an orderly progress to the project. Both the intent and the requirements of the
Specifications attached as Exhibit A & B are understood by the Contractor.
4. The Board shall pay the Contractor the total sum of$ 1.800.00 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 indemnify and hold hannIess 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 Exlubit C identified as General
Insmance Requirements and INSKLST 1-4, as further detailed on forms WCl, WCJA,
GL 1, VL 1, & WL 1. 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 ($1O,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:
Deputy Clerk
BY:
Mayor/Chainnan
Witness
~~
:::10: . ~l~
Title:V~~
Witness:
EXHIBIT A
County of Monroe
DeoartmeDt of Marine Resources
2798 Overseas Highway, Suite 420
Marathon. Florida 33050
Phone: (305) 289-2805
FAX: (305) 289-2536
Board of COUDtv Commissioners
Mayor Charles "Sonny" McCoy. DiSl. 3
Mayor Pro Tcm Dixie Spehar, Dist. ]
Commissioner Murray Nelson, Dist. 5
Commissioner George NCU{!ent, Dist. 2
Commissioner Nora Williams, Dist. 4
March 18, 2002
To: Kim McGee, Marine Projects Coordinator
From: Richard Jones, Marine Resources Planner
Re: Vaca Cut regulatory marker replacement
The southerly marker for the Vaca Cut slow speed zone was reponed missing yesterday by the
Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement. I visited the
site this morning and confirmed that the entire marker is missing. This marker is critical to
ensuring that vessel traffic coming from the oceanside slow down as they approach this busy
channel. Please send the following scope of work out for price quotes so that we may replace the
marker as soon as possible.
Scope of Work For Replacement or
Vaca Cut Regulatory Marker
The contractor shall supply a standard size pile and all hardware (see attached specifications
sheet). The County will supply the signs and piling cap. The marker will be installed in the
location indicated on the attached color GIS map. Any remains of the old piling should be
removed and disposed of
Channel
Vaca Cut
Work to be Derformed
Replace missing southern regulatory marker
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