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Item L05 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 4-16-03 Bulk Item: Yes cg] No D Division: Growth Manaaement Department: Marine Resources AGENDA ITEM WORDING: Approval of the Contract Agreement between Monroe County and American Underwater Contractors, Inc. for the removal and disposal of 13 shallow water markers/concrete anchors and the installation of 13 heavy duty regulatory buoys. ITEM BACKGROUND: The idle speed zone at Jolly Roger is being modified: (1) all thirteen shallow water markers 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. Two quotes received, Spirit Marine Towing & Assistance-$9,750, and American Underwater Contractors, Inc.-$6,840. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: New Contract STAFF RECOMMENDATIONS Approval TOTAL CCST:36.840.00 BUDGETED: Yes ~ No D FUNDING SOURCE: BIF COST TO C:'::UNTY: Staff Time Onlv REVENUE ':)?~C)UCING: Yes 0 No ~ AMOUNT PER: MO $ YR $ APPROVE:: T(- COUNTY ATTY~ OMB/PURCHASING~ RISK MANAGEMENT~ DIVISIQ;! ='-S'~-roR APPROVAL: 9r~ i:b;e Timothy J. McGarry, AICP DISPOSlT':~\; TO FOllOW D NOT REQUIRED D AGENDA ITEM #: /~ DOCUMF'c7 ",r'ON: INCLUDED ~ MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMlv1ARY Contract with: American TTnCl~rw;lt:~T COntract # Contractors, Inc. Effective Date: Expiration Date: ContraCt purpose/Description: Removal of existinlZ reml latoTV markers and the insta11 . of 13 buoys and anchors. Contract Manager: Kim McGee 4511 Ma-r;np - - (Name) (Ext. ) (Department/Stop #) Marine Projects Section for BOCC meeting on 4-16-03 Agenda Deadline: 4-2-03 CONTRACT COSTS Total Dollar Value of Contract: $ 6.840.00 Budgeted? Yes[] No 0 Account Codes: Grant: $ BIF County Match: $ S taf f Time Only Current Year Portion: $ 6 .840 .00 157 -62602- 510 - 140 - ADDmONAL COSTS Estimated Ongoing Costs: $ Nt A Iyr For: (Not included in dollar value above) (ejl. maintenance. utilities. ianitoriaL salaries. etc.) CONTRACT REVIEW Comments: i .,\.- Date Out Date In 10;2 1:/11. Division DireCTor Risk 1l.A~_~O'P"""on' J.V1.aJ.~""".~'_&"" OMBfP ' . . . urCn.:..sLi; County Attorr::;~: OMB Form R.evlsed 2/::7/01 Mep #2 ;::I::JrAI wI'fft /yvnfc~t:1c.J...s ~I7N~4~~ /7?o,y - ,- ...::/U..5 ~ t'1 i?? , "X ~. -;;t::f,::S/1 ..:::s ~c..J / d P"" r?:- A-/ ~-~--T:4(CI',,"~;C~,s;.; a/A'/C.. -<r/7'?"r~~/4c:S car~..? . /:J'/ ..,.-:,.d ~ /51-. ~t:1~~~c:.{' ~~;;:!;;e~k;7~~~ ~ e3/12/2ee3 1e:34 561-575-4651 AMERICAN UC PAGE e1 AMERICAN UNDERWATER CONTRACTORS, INC. un SUN FISH I.ANE JUPITER, n. >>477 PH: !61-!15-!53I FAX: 561-51~1 AUcro.ter@HL~ Mrs. Kim McGee Marine Projects Coordinator Monroe County Marine ReSOUIXs 5S03 College Road Room 2024. Dcpt. of Juvenile Justice Bldg. Key West. FL 33040 Ph.: 305-295-3911 Fx: 305-295-3917 March 12. 2003 RE: Jolly Roger Boating Restricted Area Dear Kim: As per your fax dated February 26 2003, American Underwater ContraCtors, Inc. can do all work s~dfted for the Jolly Roger Boating Restricted Area fur a lump sum price of S 6,840.00 (Six thousand. eight IIundmi and forty dollan) Thank you fur the opportunity to bid this job. ~ dBnh" ) ,; David Fostc:- President American "Ur:G::,vrl1er Contractors, 1m;. .'"" , \.~ a3/11/2aa3 a5:54 3a58727692 COFFIN PAGE a1 . 24 Hr. Service s MARINE TOWING It ASSISTANCE Our Experience will save you Time and Money Marth 11, 2003 Kim McGee Marine Projects Coordinator Atfax#: 295-3917 PROPOSAL Spirit Marine proposes to do the following work: Remove ex.isting shallow water markers and replace with thirteen (13) new State approved buoys within the Jolly Roger Boating Restricted Area. All materials shall meet Monroe County standards and will be provided by Spirit Marine as part of this quote. All work Mil be performed in a professional manner and to the standards of Monroe County. COST: S9750.00 DUKE ,"ONTIN . P.O. Box 244 . Big Pine Key, Florid. 33043 (305) 872..2752 VHF Ch. 16 CONTRACT AGREEMENT . AGREEMENT, MADE THIS day of 2003, by and betwee~ American Underwater Contractors. 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 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 ofthis 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 hannless 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, 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 ($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 ofthe 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 ofthe 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 Deputy Clerk BY: Mayor/Chairman BY: Witness: ,1't:'€lLJF(> CUI--'tTCk"It'i\ (\-.I Witness: Title: Pt<f="-S( t~1 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 1?uoys, 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. Current Marker Locations 11 10 3 8 .. ~ Proposed Marker Locations ... ... ... .. .. .. ... 8 . ( 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. I 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 (HOPE), 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.