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Item M10 ~- ~.--- BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 8-2-03 Bulk Item: Yes t8] 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 markers #36 Cow Key Channel and #1 Lakes Passage. ITEM BACKGROUND: Two quotes received, Spirit Marine Towing & Assistance- $5,800.00 and American Underwater Contractors, Inc.-$3,600.00. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: New Contract STAFF RECOMMENDATIONS Approval COST TO COUNTY: Staff Time Onlv BUDGETED: Yes fg! No 0 FUNDING SOURCE: BIF TOTAL COST: $3.600.00 REVENUE PRODUCING: Yes 0 No t8] AMOUNT PER: MO $ YR $ APPROVED BY: COUNTY A TTYrgJ OMB/PURCHA I Gfg! RISK MANAGEMENTt8] DIVISION DIRECTOR APPROVAL: DOCUMENTATION: INCLUDED r2J TO FOLLOW 0 NOT REQUIRED 0 DISPOSITION: AGENDA ITEM #: ~/O ~"",",- MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: American Underwater Contractors, Inc. Contract # Effective Date: Expiration Date:. Contract Purpose/Description: n a #1 Lakes Passage. & Contract Manager: Kim McGee (Name) 3911 (Ext.) Ka One e ources (Department/Stop #) for BOCC meetin on 8/20/03 A enda Deadline: 8/5/03 CONTRACT COSTS Total Dollar Value of Contract: $ 3.600 Budgeted? Yes[!] No 0 Account Codes: Grant: $ BIF County Match: $ N/A Current Year Portion: $ ~jt 62603 53()' 340 - 3.600 - - -- - - - ---- - - -- . ADDITIONAL COSTS Estimated Ongoing Costs: $ N/A/yr For: (Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.) CONTRACT REVIEW O.M.B./Purchasing Date In B / bf/') 7/30/03 YesO No[B' () 1? 9~~esO NoQ/:: I '7/"&'1!03 YesO ~ Changes Needed .---./ YesO Nokj . Date Out County Attorney Division Director Risk Management Comments: OMB Form Revised 2/27/01 Mep #2 0110 II ,00,:) ~~.LL ~O~-~(~-~O~~ .....TI~..L\."....I" U\J -.. .______--.-__.._.- -..-t.. AMERICAN UNDERWATER CONTRACTORS, INC. 17S36 SE COllC~ Bar Awa. Tequesta. FL 33469 Pb: !61-!1S-5538 F:I; 561-5754651 AUCfotter@aoLCOIII Mrs. Kim McGee Marine Projects Coordinator Monroe County Marine Resources 5503 College Road Room 20 I, Dept of Juvenile Justice Bldg. Key West, FL 33040 July 7, 2003 Ph: 305-295-3911 Fx: 305-295-3917 RE: Emergency Replacement Markers: Cow Key Channel and Lakes Passage Dear Kim: As per your fax, American Underwater Contractors, Inc. can do all work specified for The emergency replacement of Cow Key Channel DBN 36 and Lakes Passage DBN 1 For a lwnp sum price of$ 3,600.00, (Three thousand, six hWldred dollars). Thank you for the opportunity to bid this project. ~ David Foster President, American Underwater Contractors, Inc. -- ~-- -- 24 Hr. Serv ice SI!!!!IWIN~A8sI8TANC~' Our Experience will save you Time and Money VHF Ch. 16 July 1. 2003 Kim McGee Marine Projects Coordinator At fax # 295-3917 PROPOSA~ Spirit marine proposes to do tbe following work: Replace 2 broken navigational markers; one in Cow Key Channel and one at the entrance to tile Lakes Passage. Spirit marine will supply all materials except signage. Wort will be performed immediately upon request of Marine Resom=s Dept COST: SS.800.00 -- DUKE PONTIN . P.O. 8o~ 244 . Big Pine Key, Florid. 33043 (305) 872-2752 ..: CONTRACT AGREEMENT AGREEMENT, MADE THIS day of 2003, by and between, American Underwater Contractors. Inc. (" Contractor "), and the BOARD OF COUNTY COM:MISSIONERS 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 Marker #36 Cow Key Channel and Lakes Passage #1, 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 September 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 $ 3.600.00 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 ifrepeatcd 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 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 \vithout 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, GL1, VL1, & 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. 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, tenninate 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, corrunission, percentage, gift, or consideration paid to the fonner 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 tinle 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 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: BY: Mayor/Chairman Deputy Clerk wfu(]L:/)( rJ:;,-i2v Witnes~~BY: Title:_1eJ=L"~\ 'DGtr MONROE COUNTY ATTORNEY ~mOAM: ROB . WOLFE D~t~'EF~S~I~~ ~~ ATTORNEY "."1,.. ... ".'.~ ......." EXHIBIT A Scope of Work For Emergency Replacement of Cow Key Channel DBN 36 and Lakes Passage DBN 1 Cow Key Ch DBN 36 has been knocked down, and the pile has been disposed of The awarded contractor shall replace the marker with a standard size (12") pile, signs (4'x4'), pile cap and all necessary hardware. Monroe County will provide the signs. The contractor shall provide all other materials. Lakes Passage DBN 1 has been knocked down. The awarded contractor shall replace the marker with a standard size (12") pile, signs (3'x3'), pile cap and all necessary hardware. An information sign (2'x 3') shall also be mounted on the pile, beneath the numbered sign. Monroe County will provide the signs. The contractor shall provide all other materials. The broken off piling shall also be properly disposed of, if found. Contractors must coordinate the installations with Richard Jones, Marine Resources Planner (305 289-2805), to ensure that all work is performed satisfactorily. Location Map JIi1 ~ ri1 ;p i ..18 Lakes Passage DBN 1 j/ ~7 o ri7 riG Iil' .8 O~~ .7118 Cow Key Ch DBN 36 ~ -ill .14 "5 ~ 116A .i~ "cO> / '. " ~ ..18 WR5 ~3 , JI3 F .12 rI7 ......:. ~.. ~;~~,.. -.;;,." EXHIBIT B MONROE COUNTY Specifications For the RepairlReplacementlInstallation of Aids to Navigation, Regulatory Markers, and Information Markers (updated 04/15/02) For all Diline:s: . Pilings shall be of timber treated with chromated copper arsenate (C.C.A.). . Pilings shall be of timber which will withstand the driving for which they are intended. . A straight line drawn from the center of the butt to the center of the tip shall not at any point face further away from the center of the pile than a distance equal to 1 % of the length of the pile. . Piles to be sufficient length to provide a minimum of four foot penetration into hard bottom or further penetration into other substrate so as to provide suitable permanent holding. The base of the dayboard must be eight feet above mean high water. . Black, cone head, round piling caps of the appropriate size should be mounted atop the piling using four stainless #6 nails (this includes all sign replacements). . Any pilings replaced will be removed and properly disposed of. For all sims: . Signage to be constructed of .125 gauge aluminum. . Signage must be USCG approved. . All signs should be pre-made (text, borders, etc.) by a County approved manufacturer. . Signs should be mounted so that the piling is not visible above the signs. . Signs for both standard (lnm nominal range) and smaller size (~mile nominal range) markers 'should be mounted such that the bottom of the sign is 8' above the water (MHW) . Hardware should all be stainless steel, including: 3/8" all-thread and 3/8" lag screws, 1 12" (o.d.) flat washers and 3/8" nuts. 1 12" (o.d.) plastic or nylon (or similar material) washers shall also be used to separate the aluminum signs from the stainless steel flat washers and nuts. ................................................................................................................................................................... - -