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Item M09 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 8-2-03 Division: Growth Manaoement Bulk Item: Yes [g1 No 0 Department: Marine Resources AGENDA ITEM WORDING: Approval of the Contract Agreement between Monroe County and American Underwater Contractors, Inc. for Phase II of the regulatory buoy project at the Whale Harbor Sand Bar, Islamorada. ITEM BACKGROUND: Three Marine Contractors contacted to provide quotes. One response received, American Underwater Contractors, Inc.-$10,992.00. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: New Contract STAFF RECOMMENDATIONS Approval TOTAL COST: $10.992.00 BUDGETED: Yes IS] No D FUNDING SOURCE: BIF COST TO COUNTY: Staff Time Onlv REVENUE PRODUCING: Yes 0 No IS] AMOUNT PER: MO $ YR $ DIVISION DIRECTOR APPROVAL: IS] RISK MANAGEMENTISJ APPROVED BY: COUNTY A TTYISJ OMB/PURCH DOCUMENTATION: INCLUDED [g1 TO FOLLOW 0 DISPOSITION: AGENDA ITEM #: ~ 9 ,. / MONROE COUNTY BOARD OF COUNTY COM:MISSIONERS CONTRACT SUMMARY Contract with: American Underwater Contract # Contractors Inc. Effective Date: Expiration Date:, Contract Purpose/Description: Installation of regulatory buoys Whale Harbor Sand Bar-Phase II Contract Manager: Kim McGee 3911 MaTine Re~nuT"e~- (Name) (Ext.) (Department/Stop #) Marine Projects Section #9 for BOCC meeting on 8/20/03 Agenda Deadline: 8/5/03 CONTRACT COSTS Current Year Portion: $ 10,992.00 151_ 62602 530_ 340 _ Total Dollar Value of Contract: $ 10,992.00 Budgeted? Yes[!l No 0 Account Codes: Grant: $ BIF County Match: $ N/ A - - - - - --- - - ADDITIONAL COSTS Estimated Ongoing Costs: $ N/ iyr For: (Not included in dollar value above) (el!. maintenance, utilities, ianitorial, salaries, etc.) CONTRACT REVIEW Changes Needed YesO NoB' Date In Division Director ~ lOll d) Risk Management 1/30/13 Y esO No~ O.M.B./Purchasing tJ 7)21!t.J YesO No~ ' County Attorney 'l/d/c 3 Y esO ~ Comments: OMB form Revised 2/27/01 MCP #2 Date Out Vw/~I/~\JVw .......,._." ..,...,~ 0,,,, ....,...... AMERICAN UNDERWATER CONTRACTORS, INC. 102 SUN nm LANE JUft'I'D. rL >>4T1 PH: 561-57~S5JI FAX: !lJ-575-465l AUC~~ Mrs. Kim McGee Marine Projects Coordinator Momoe Count)' Marine Resources 5503 College Road Room 20 I, Dept. of Juvenile Justice Bldg. Key West, FL 33040 Ph: 305-295-3911 Fx: 305-295-3917 May 27, 2003 RE: Phase n, Sand Bar Regulatory Buoy Project, IsIamorada Dear Kim: As per your fax dated May ~ 2003, American Underwater ContndOJ'S, Inc. can install the regulatory buoys at the sand bar in Whale Harbor Channel as per specifications for a lump sum price of$ 10,m.OO (Ten thousand, nine-hundred and ninety two dollars) Thauk you (or the opportunity to bid this job. Best Regards, David Foster President American Underwater Contractors, Inc. -- CONTRACT AGREEMENT AGREE.MENT, 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 equipment and materials for the installation of20 complete regulatory buoy systems according to the Scope ofWork/Map attached as Exhibit A and Specifications attached as Exhibit 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 August 31, 2003. 3. The Contractor understands the rules and procedures institutcd by the Board to ensure an orderly progress to the project and the intent and the requiremcnts of the Scope of Work and Specifications attached as Exhibit A & B. 4. The Board shall pay the Contractor the total sum of$ 10.992.00 for the work listcd 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 Commissioncrs. 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 tills Agreement. form the Contract. They 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 of the County Commissioners from any and all claims [or 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 o[photographs o[the complete work along with a letter certifying completion of "vork. The Contractor will be responsible for the camera, fllm, and development costs. The Contractor also agrees to provide transportation [or 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 "",ork environment. 11. The CONTRACTOR will be responsible for all necessary insurance coverage as indicated by the an "X" on the attached forms o[Exhibit C identified as General Insurance Ri.":quirements and INSKLST 1-4, as further dctailed 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 thc full amount of any fec, commission, pcrcentage, 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 m,varded or perform work as a contractor, supplier, subcontractor, or consultant W1der a contract with any public entity in excess of the threshold amoW1t 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 ContracLOr. upon receipt o[the notice, shall immediately cease \\iork. 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 \\Titten above. (SEAL) Attest: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: BY: Deputy Clerk Mayor/Chairman Mtness:{J~~dl/) B~:AS 0~W>~ CDorS. ING WItnes525~~B~- Title: R2..€SlO~NI \,.,)(\1 ;:: t: CH~~ ~~~~':lN:: Dale -- 4I!f.. EXHIBIT A Scope of Work For Phase II of Regulatory Buoy Installations at the Holiday Isle Sandbar The Monroe County Department of Marine Resources has completed the installation of the first fifteen buoys marking the regulatory zone at 'the Sandbar'. The next phase is the completion of marking the eastern flats. The awarded contractor shall install 20 complete buoy systems encircling the eastern section of the regulatory zone (buoys 16-35 as indicated on the attached map). The contractor shall install the buoys along the 3' (mlw) depth contour. The systems for this buoy installation shall use cable rather than line to help deter vandalism. The contractor shall provide all materials and hardware. Language and symbols on buoys should appear as follows: Contractors should refer to the attached Monroe County marker specifications sheets for more detailed information regarding specifications and installation of regulatory buoys. Contractors must be experienced in the installation of embedment anchor systems. Contractors must coordinate the installations with Richard Jones, Marine Resources Planner (305 289-2805), to ensure that all work is performed satisfactorily. ........ >- Map of Regulatory Buoy Positions for Sandbar Phase II- installation ofbuoys'16-35 along fringe of northeastern sea grass bed. ~ M 3.534 cr, - )f ?:'O o 2 qf '4;~,,, Ol~ _ \ '~a'~c- q,,! .~ d8 '~ 0 d7 ,4 o 3G o 5 o f 1 ~" o 12 o 13 o 45 Buoys It 0. _.... 12.: '8- '. >aii.:....A3 14 ~ .0 :.il 28 p. 14 15 10 00-0 17 10 o-J - 0 21 20. 0- 0' EXHIBIT B County of Monroe Department 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. I Commissioner Nora Williams, Dist. 4 Commissioner Mary Kay Reich, Dist. 5 May 15, 2003 Specifications for Buoys and Anchoring Cables The County requires that the following specifications are met for buoy installations: Buoys should be heavy duty, High Density Polyethylene (HDPE), 9" diameter (no float collar), approximately 45-50 lbs., 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 anchoring cable shall be 114" stainless steel, with eye loops at both ends secured with stainless steel cable clamps. Eye loops shall be reinforced with a section of blue pliovic hose. An underwater float shall be attached to the cable with a stainless steel cable clamp. The cable shall 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 the buoy cable to the bottom, dependent upon bottom conditions: For exposed rock bottom substrate the anchor will be the Halas pin system: Minimwn embedment depth of 18"; minimwn 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 hol~~ ("()n~r.ete willp;epp~~n~t:rYP~ 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'; minimwn embedment into hard rock substrate at least 1'; minimum helical disk size 6"; minimwn 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'; minimwn embedment depth 5'; minimwn helical disk size 8"; minimum shaft diameter 1 ~,,; the anchor will be galvanized steel. * Anchors must be professionally manufactured by manufacturers that carry product liability Insurance.