Key Colony Bch. Reg. Monitors
CONTRACT AGREEMENT
AGREEMENT, MADE TillS L day of JUi"'C-
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:
I. The Contractor shall furnish all the equipment and materials for the removal and
disposal of existing buoys, ground tackle, concrete anchor piles, and the installation of 17
collared buoys, downlines and embedment anchors according to the Scope of Work/ 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 July 31,2003.
3. The Contractor understands the rules and procedures instituted by the Board to
ensure an orderly progress to the project and the intent and the requirements of the Scope
of Work and Specifications attached as Exhibit A & B.
4. The Board shall pay the Contractor the total sum of$ 13.840.00 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 Scope of Work, Map, and Specifications together with this
Agreement, form the Contract. They are fully a part of this Contract as ifrepeated herein
verbatim.
6. The Contractor covenants and agrees to indeIllllifY 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 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 WC 1, 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, 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
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
ByD--L. QQ. Q!S&~ By~~>n ~U
Deputy Clerk
:::~nr.~kCo~l~
Title:Y~~
Witness:
ROBERT, Ff
DATE~'" Z,,!- C)3
EXHIBIT A
Scope of Work
For Regulatory Marker Installations at Key Colony Beach
The existing regulatory buoy system for the City of Key Colony Beach is being replaced and
upgraded (see attached Location Sheet for more detailed information). The work to be
performed shall include the following:
1) Removal and proper disposal of existing buoys, ground tackle and concrete anchor piles.
2) Installation of 17 collared buoys, downlines, and embedment anchors.
Language and symbols on buoys shall appear as follows:
The awarded contractor shall provide all materials and hardware for the above described
installations.
Contractors should refer to the attached Monroe County marker specifications sheets for more
detailed information regarding specifications and installation of collared 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.
Location Sheet
for
Key Colony Beach Regulatory Markers
Key Colony Beach has proposed buoy replacement for their (originally) 17 regulatory buoys.
Most of the 17 proposed locations are in the same location as the existing buoys. Some of the 17
(existing) buoys are currently missing. The existing buoys are said to be attached to concrete
piles by chain. Buoy locations are mostly in 10-20' of water.
The awarded contractor will remove and properly dispose of all existing buoys and ground
tackle, including the concrete piles (where found). All replacement buoys, attachment lines and
anchors will meet current County specifications. Collared buoys will be installed in the
following locations (also indicated on attached color GIS map):
Buoy # Latitude Longitude Depth (ft) *
1 24043' 37.2" 81001' 38.4" 15
2 240 43' 34.9" 81001' 42.6" 21
3 24043' 31.5" 81001' 44.9" 17
4 24043' 27.5" 81001'47.6" 14
5 240 43' 22.0" 81001' 49.6" 15
6 24043' 14.6" 81001' 47.3" 24
7 240 43' 08.6" 81001' 41.1" 15
8 24043' 01.7" 81001' 32.4" 16
9 24042' 57.2" 81001' 25.9" 19
10 24042' 57.8" 81001' 23.4" 14
11 24042' 59.9" 81001' 17.4" 11
12 24043' 01.6" 81001' 12.7" 11
13 24043' 05.3" 81001' 02.2" 13
14 240 43' 08.6" 81000' 54.6" 12
15 24043' ILl" 81000' 49.9" 12
16 24043' 13.2" 81000' 46.4" 12
17 24043' 16.5" 81000' 41.8" 11
* depths are approximate
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41
EXHIBIT B
County of Monroe
Deoartment 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 WiIliams, Dist. 4
Commissioner Mary Kay Reich, Dist. 5
April 2, 2003
Specifications for Float Collar Can Buoys and Downlines
The County requires that the following specifications are met for collared can buoy installations:
Can buoys shall be constructed of white ABS plastic, coated with clear-guard protective coating,
buoy shell thickness .100 nominal, approximately 14" x 30" can diameter and height,
approximately 28"x12" float collar diameter and height, approximately 49" total height,
maximum draft of 9", approximately 1 00-11 0 lbs. net weight, internal ballast, approximately 36"
exposure (above water), buoyancy approximately 320 lbs., with reflective bands, UN inhibited,
unsinkable, polyurethane foam filled, self-righting, with bottom attachment mooring eye, and all
stainless steel hardware. All bands, symbols, and language will meet the standards of the Florida
Uniform Waterway Marking System.
The down line should be 7/8" three Gtrand 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 %"; 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.
* Contractors must meet all USCG and other government agencies mandatory commercial diving
regulations and certifications.
* Anchors must be professionally manufactured by manufacturers that carry product liability
Insurance.
EXHIBIT C
1996 Edition
.::::
MONROE COUNTY, FLORIDA
INSURANCE CHECKLIST
FQR
VENDORS SUB1\lItTING PROPOSALS
FOR WORK
To assist in the development of your proposal, the insurance coverages marked with an "X" will
be required iri the event an award is made to your firm. Please review this form with your
insurance agent and have himlher sign it in the place provided. It is also required that the bidder
sign the form and submit it with each proposal.
WORKERS' COMPENSATION
AND
EMPLOYERS'LIABILITY
WC1
WC2
\VC3
WCUSLH
y
, .
x
Workers' Compensation
Employers Liability
Employers Liability
Employers Liability
US Longshoremen &
Harbor Workers Act
Federal Jones Act
Statutory Limits
$ J 00,000/$500,000/$1 00,000
$300,000/$500,000/$500,000
$1,900,000/$1,000,000/$1,000,000
Same as Employers'
Liability
Same as Employers'
Liability
\VCJA
Tr
A
INSCKLST 1
AdminislratlOn In':,:
114709.2
1996 Edilion
GENERAL LJABJLr~
As a minimum, the required general liability coverages will include:
· Premises Operations
· Blanket Contractual
· Expanded Definition
of Property Damage
Required Limits:
GL1
x
GL2
GL3
'GL4
Required Endorseme;:t:
GLXCU
GLLIQ
GLS
PrqQucts and Completed Operations
Personal Injury
.
.
$ I 00,000 per Person; $300,000 per Occurrence
$50,000 Property Danlage
or
$300,000 Combined Single Limit
$250,000 per Person; $500,000 per Occurrence
$50,000 Property Damage
or
$500,000 Combined Single Limit
$500,000 per Person; $1 ,ooo,oqo per Occurrence
$100,000 Property Damage
or .
$1,000,000 Combined Single Limit
$5,000,000 Combined Single Limit
Underground, Explosion and Collapse (XCU)
Liquor Liability
Security Services
All endorsemen:s~- --~:::'Jired to have the same limits as the basic policy.
Adminj$lr~tI(Jn Inc:l:~::
1147092
INSCKLST 2
1996 Edition
VEHICLE LJABILrry.
As a minimum, coverage should extend to liability for:
· O\\'I1ed; Non-owned; and Hired Vehjeles
Required Limits:
VL1
x
$50,000 per Person: $100,000 per Occurrence
$25,000 Property Damage
or
$100,000 Combined Single Limit
$100,000 per Person; $300,000 per Occurrence
$50,000 Property Damage
or
$300,000 Combined Single Limit
$500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single L.imit
$5,000,000 Combined Single LiII].it
VL2
VL3
VL4
MISCELLANEOUS COVERAGES
BRl
Builders'
Risk
Limits equal to the
completed project.
Limits equal to the maximum
value of anyone shipment.
MVC
Motor Truck
Cargo
PROI
PR02
PR03
POLl
POL2
POL3
EDl
ED2
GKl
GK2
GK3
\ILl
Professional
Liability
$ 250,000 per Occurrence/$ 500,000 Agg.
$ 500,000 per Occurrence/$l,OOO,OOO Agg.
$1,000,000 per Occurrence/$2,000,000 Agg.
$ 500,000 per Occurrence/$l ,000,000 Agg.
$1,000,000 per Occurrence/$2,000,000 Agg.
$5,000,000 per Occurrence/$l 0,000,000 Agg.
$ 10,000
$100,000
Poll ution
Liability
Employee
Dishonesty
Garage
Keepers
$ 300,000 ($ 25,000 per Veh)
$ 500,000 ($100,000 per Veh)
$1,000,000 ($250,000 per Veh)
Watercraft Liability $500,000
INSCKLST 3
AdmlnlstralJon Imu _~_
1147092
1996 Edilion
INSlJUNCE AGENT'S ST~~TEMENT
I have reviewed the above requirements with the bidder named below. The following deductibles
apply to the corresponding policy.
POLICY
DEDUCTIBLES
Liability policies are
Occurrence
Claims Made
Insurance Agency
Signature
BIDDERS STATEMENT
I ':ll1derstand the:r:s--'::-:::"'j2e that will be mandatory if awarded the contract and will comply in full
wIth all the req--.::;c:;.e:::s,
Signature
INSCKLST 4
AdminiSlrallC,', "
#47092
1996 Edition
\VORKERS' COMPE~oATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
,
BET\VEEN
MONROE COUNTY, FLORIDA
AND '
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance "'1th limits sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less
than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
!
Coverage shall be rrnintained throughout the entire term of the contract.
Coverage shall be p:c\'ided by a company or companies authori'zed to transact business in the
state of Florida,
If the Contractor :-'2': h:c:l approved by the Florida's Department of Labor, as an authorized self-
insurer, the COL:r-:":~:i:; recognize and honor the Contractor's status. The Contractor may be
required to subn::: ~_:.:::er of Authorization issued by the Department of Labor and a Certificate
ofInsurance, pre' : ~:::_jetails on the Contractor's Excess Insurance Program.
If the Contractor- --':':::-ates in a self-insurance fund, a Certificate ofInsurance wi]) be required.
In addition, the ',~' :Jr may be required to submit updated financial statements from the fund
upon request fr.::':-' ':'unty.
wel
Administration: [1 :;
114709.2
1996 Edition
\\'ORKERS' C01\1~N3A TION
INSURANCE REQUIREMENTS
FOR
CONTRACT
, ,
BET\VEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract involves Maritime Operations, the Contractor's
Workers' Compensation Insurance Policy shall include coverage for claims subject to the Federal Jones
Act (46 U.S,c.A. subsection 688) with limits not less than those specified for Employer's Liability.
The Contractor shall be permitted to provide Jones Act Coverage through a separate Protection and
Indemnity Policy, in so far as the coverage provided is no less restrictive than would have been provided
by a Workers' Compensation policy. !
WCJA
AdminlstratlOr. ,
It 4709 2
1996 Edition
GENERAL LIABn~TY
INSURANCE REQUIREMENTS
FOR
CONTRACT
I
BET\VEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
· Premises Operations
· Products and Completed Operations
· Blanket Contractual Liability
· Personal Injury Liability
· Expanded Definition of Property Damage
The minimum limits acceptable shall be:
~
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months folJ0\\1ng the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
GLI
Administration Instruction
1/4709.2
1996 Edition
,V A TER CRAFT LIAB r~#~
INSURANCE REQUIREl\~N1'S
FOR
CONTRACT
, ,
BET\"EEN
MONROE COUNTY, FLORIDA,
AND
Prior to the commencement of \\'ork governed by this contract; the Contractor shall obtain
Water Craft Liability Insurance with terms no less restrictive than those found in the
standard "American Institute Hull Clauses" (June 2, 1977 edition). Coverage shall be
maintained throughout the life of the contract and include, as a minimum:
· Injury (including death) to any Person
· Damage to Fixed or Movable Objects
· Costs Associated with the Removal of Wrecked Vessels
· Contractual Liability with Respect to this Contract
If the policy obtained states that coverage applies for the "Acts.,or Omissions of a Vessel",
it shall be endorsed to provide coverage for the JegalliabiJity of the shipowner.
The minimum limits acceptable shall be:
$500,000 Combined Single Limit (CSL)
Coverage provided by a Protection and Indemnity Club (P&I) shall be subject to the
approval of the County.
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies iss~ed to satisfy the above requirements.
WLI
Administration Inslruction
1147092
1996 Edition
VEHICLE LIABILil~ '.
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
l\fONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the COmmencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the COntract and include, as a minimum, liability Coverage for:
· Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$100,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 50,000 per Person
$100,000 per Occurrence
$ 25,000 Propeny Damage
"
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
VLI
Adminlstrallon Jll~lrLJCI:l'::
#47092
80