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Item M26 .. BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 5-21-03 Bulk Item: Yes ~ No 0 Division: Growth Manaaement Department: Marine Resources AGENDA ITEM WORDING: Approval of the Contract Agreement between Monroe County and American Underwater Contractors, Inc. for the Emergency repair of channel marker #9 Cow Key Channel. ITEM BACKGROUND: This County owned Aid to Navigation was destroyed and needed to be replaced immediately. American Underwater Contractors, Inc. was working in the area and was available to replace immediately for $1,775.00. PREVIOUS R:::~E\JANT BOCC ACTION: None CONTR:~C~;' ;:;:EEMENT CHANGES: New Contract STAFF R;:::-: :.:;,'E'llDATIONS Approval TOT AL .-:" .. :'75.00 BUDGETED: Yes ~ No 0 COST --:: .-": Staff Time Onlv FUNDING SOURCE: BIF REVEl'. - ':!NG: Yes 0 No ~ AMOUNT PER: MO $ :JUNTY A TTY~ OMB/PURCHASING YR$ DOC:". : INCLUDED ~ NOT REQUIRED 0 / AGENDA ITEM #: ,/7~ APPR:": . DIVIS;- . - R APPROVAL: DISP:~ MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: American Underwater Contract # Contractors, Inc. Effective Date: Expiration Date:. Contract Purpose/Description: Emergencv renair of channel marker 19 Cow Kev Channel. Contract Manager: Kim McGee 4511 . (Name) (Ext. ) (Department/Stop #) Marine Projects Section 19 for BOeC medil1l! on 5/21/03 Agenda Deadline: 5/6/03 CONTRACT COSTS Total Dollar VallI>;' ,11 Contract: $ 1,775.00 Budgeted? Yes I-Xi ".;0 0 Account Codes: Grant: $ BIF ~_._-_...--- County Mate!:' ~/A Current Year Portion: $ 1 ,775 .00 157 _ 6260~ 530- 340 - ---- - - - ---- - - - ---- - - - ---- Estimated 011:_' ot included :11 ADDITIONAL COSTS ,:-,[S: $ N/A/yr For: '!:..: :1bove) (e . maintenance, utilities, . anitorial, salaries, etc. CONTRACT REVIEW Division Dil Changes He In Needed -/1/) YesD No~ )5 YesDNo0 Date Out CountY.\1: sir, ;-4/(() i3~~ Risk Man~:_ O.M.B.; PL. Comment OMB fOrie: . !CP "'2 County of Monroe DeDartment of Marine Resources 2798 Overseas Highway, Suite 420 Marathon, Florida 33050 Phone: (305) 289-2805 FAX: (305) 289-2536 ,....,-=rn\t:.,:;.-, t~ .-.... ,.JJL- Board of County Commissioners Mayor Dixie Spehar, Dist. 1 Mayor Pro Tern Murray Nelson., Dist. 5 Comm. Charles "Sonny" McCoy, Dist. 3 Comm. George Neugent, Dist 2 Comm. David Rice, Dist 4 March 25, 2003 To: Kim McGee, Marine Projects Coordinator From: Richard Jones, Marine Resources Planner Re: Emergency repair of Cow Key Channel Marker As you are aware, Cow Key Ch DBN 9 was knocked down last week. I have received a discrepancy notice from the USCG on this marker and we should replace it ASAP. I have the signs in stock. American Underwater Contractors will be here tomorrow to work on the new Key Colony Beach markers and have indicated they can replace the Cow Key marker while they are here. David Foster said that he can provide the same bid on the replacement as last time. Please use the attached Scope of Work to retain services for the emergency installation. V~JLtl'UU~ ~~.~~ ~w. ~.- ---- AMERICAN UNDERWATER CONTRACTORS, INC. 102 SUN FISH LANJ: .ltJrl"l_ n.. 33477 PH: 561-~553I FAX: 561-575-4651 AU~ Mrs. Kim McGee Marine Projects Coordinator Momoe County Marine Resources 5503 College Road Room 2024, Dept. of Juvenile Justice Bldg. Key West. FL 33040 Ph: 305-295-3911 Fx: 305-295-3917 March 26, 2003 RE: Emergency pile--Cow Key Channel #9 Dear Kim: As per your request, American Underwater Contractors, Inc. am rep~ tbe emergency pile at Cow Key Channel #9 for a lump sum price ofS 1,775.00 (One thoUSBllCl. seven huDdred and seventy-five doUars. Thank you for the opportunity to bid this job. Best Regards, 6Q David Foster President American Underwater Contractors. Inc. -- CONTRACT AGREEMENT AGREEMENT, MADE THIS day of 2003, 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 Channel Marker #9 Cow Key Channel, 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 April 30, 2003. 3. The Contractor understands the rules and procedures instituted by the Board to ensure an orderiy progress to the project. Both the intent and the requirements of the Specifications attached as Exhibit A & B are understood by the Contractor. 4. 111.: Board shall pay the Contractor the total sum of$ 1.775.00 for the work listed in L~j:;h;i\ of this Contract. Monroe County's performance and obligation to pay under thi~ :(':"!Llct is contingent upon an annual appropriation by the Board of County Commis.:,';]dyment shall be upon completion by the Contractor and review and appnn :i: '. _ ~ose out documentation by the Marine Projects Coordinator. the C\)lm:_ ..ttached List, Map, and Specifications together with this Agreement, form . 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 ofthe 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 ofExlnbit C identified as General Insurance Requirements and INSKLST 1-4, as further detailed on forms WC1, WCJA, GL1, VLl, & WLl. All policies must list Monroe County as additional insured with the exception of 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. 0 I 0-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provisio~ the owner may, in its discretio~ terminate this contract without liability and may also, in its directio~ terminate this contract without liability and may also, in its discretio~ deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commissio~ 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) Attest: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: Deputy Clerk BY: Mayor/Chairman Witness: '. ~ Llj'k,iiliiet eodnKf-c6,II1l'.- Titl~~~t~f- Witness: BY ~ _~) _h5?;Zj,JN EXHIBIT A Scope of Work For Emergency Replacement of Cow Key Channel DBN 9 Cow Key Ch DBN 9 has been knocked down, and the pile has been disposed of. The awarded contractor shall replace the marker with a 9" pile, pile cap and all hardware required for a 'smaller size marker' (see County Marker Repair Specifications). Monroe County will provide the signs. Contractors must coordinate the installations with Richard Jones, Marine Resources Planner (305 289-2805), to ensure that all work is performed satisfactorily. 0 1!I1~16 D(1 1!!113 V !!l11 ~ ~ ~ !!Ig RePlacei' DBN9 . .-~. 1!17 .. !!Is "s !!I3 .1>4 1!I1 "2