Phase II Whale Harbor Sand Bar
CONTRACT AGREEMENT
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AGREEMENT, MADE TillS J-& day of (;,~ 2003, by and
between, American Underwater Contractors. Inc. (" Contractor "), and the BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORlDA, 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 #36 Cow Key Channel and Lakes Passage #1, as specified by Exhibit A.
2. The work performed under the Contract shall commence innnediately 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 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 List, 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 inde111I1if)r 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 wel, WCJA,
GLI, VLI, & WLI. 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
. ,~y~c:trtd~ first written above.
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, BOARD OF COUNTY COMMISSIONERS
LHAGE, CLERK OF MONROE COUNTY, FLORlDA
BY: ~~ >n l ~~-<.)
Mayor/Chairman
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MONROE COUNTY ATTORNEY
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ROB . I.FE
D;t~'EF ~S~f~~ ~~ ATTORNEY
EXHIBIT A
Scope orWork
For Emergency Replacement or 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
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Cow Key Ch DON 36
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EXHIBIT B
MONROE COUNTY
Specifications For the RepairlReplacementlInstaUation of
Aids to Navigation, Regulatory Markers, and Information Markers
(updated 04/15102)
For all pilinl!S:
. Pilings shall be of timber treated with chromated copper arsenate (C.C.A.).
. Pilings shall be oftimber 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 I % 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 W' (o.d.) flat washers and 3/8" nuts. l~" (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.
1
EXHIBIT C
1996 Edition
.'
,
MONROE COUNTY, FLORIDA
INSURANCE CHECKLIST
FQR
VENDORS SUB1\lItTING PROPOSALS
FOR'VORK
To assist in the development of your proposal, the insurance coverages marked with an "X" will
be required in the event an award is made to your firm. Please review this form with your
insurance agent and have him/her 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
\VCUSLH
\VCJ4-
X Workers' Compensation
X Employers Liability
Employers Liability
Employers Liability
US Longshoremen &
Harbor \Vorkers Act
X Federal Jones Act
Statutory Limits
$ I 00,0001$500,0001$1 00,000
$500,0001$500,0001$500,000
$1,000,0001$1,000,0001$1,000,000
Same as Employers'
Liability
Same as Employers'
Liability
INSCKLST I
Administration Instruction
1147092
1996 Edition
GENERAL LIABILITY
As a minimum, the required general liability coverages will include:
· Premises Operations
· Blanket C9ntractual
· Expanded Definition
of Property Damage
Required Limits:
GL1
x
GL2
GL3
GL4 \
Required Endor~ement:
GLXCU
GLLIQ
GLS
PrqQucts and Completed Operations
Personal Injury
.
.
$100,000 per Person; $300,000 per Occurrence
$50,000 Property Dan1age
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; $1,000,000 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 endorsements are required to have the same limits as the basic policy.
AdlllllllstrJllOTl Instruction
11 470') 2
Il'\SCKLST 2
-
1996 Edition
VEHICLE LIABILITY
As a minimum, coverage should extcnd to liability for:
· Owned; Non-owned; and Hired Vehjcles
Required Limits:
VLl
VL2
VL3
VL4
BRI
MVC
PROI
PR02
PR03
POLl
POL2
POL3
EDl
ED2
GKJ
GK2
GK3
YLI
x
\
x
Admlnlstralion I nst fllCllon
#470')?
$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 Limit
$5,000,000 Combined Single Limit
MISCELLANEOUS COVERAGES
Builders'
Risk
Limits equal to the
completed project.
Limits equal to the maximum
value of anyone shipment.
Motor Truck
Cargo
Professional
Liability
$ 250,000 per Occurrence/$ 500,000 Agg.
$ 500,000 per Occurrence/$] ,000,000 Agg.
$1,000,000 per Occurrence/$2,000,000 Agg.
$ 500,000 per Occurrence/$l ,000,000 Agg.
$] ,000,000 per Occurrence/$2,000,000 Agg.
$5,000,000 per Occurrence/$l 0,000,000 Agg.
$ 10,000
$100,000
Pollution
Liability
Employee
Dishoncsty
Garage
Keepers
$ 300,000 ($ 25,000 per Veh)
$ 500,000 ($100,000 per Veh)
$1,000,000 ($250,000 per Veh)
Yatercraft Liability $500,000
It\SCKLST 3
1996 Edition
rnSURANCEAGENTSSTATEMENT
I have reviewed the above requirements with the bidder named below. The following deductibles
apply to the corresponding policy.
POLICY
DEDUCTlBLES
Liability policies are _ Occurrence
Claims Made
Insurance Agency
Signature
BIDDERS STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with "II the requi~ements.
Bidder
Signature
INSCKLST 4
Admanistr.Hion I nSlrUClion
#4709.2
1996 Edition
\VORKERS' COMPENSATION
INSURANCE REQUIRE1\1ENTS
FOR
CONTRACT
,
B ET\VEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance \\'ith limits sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance v.ith 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 maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the \:ontractorhas been approved by the Florida's Department of Labor, as an authorized self-
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate ofInsurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
wel
Administration InsllllcllOIl
#4709,2
~
1996 Edition
\\'ORKERS' COl\fPENSA TION
INSURANCE REQUIREMtNTS
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
Administration Instruction
/14709.2
1996 Edition
GENERAL LIABILITY
INSURANCE REQUIRE1\fENTS
FOR
CONTRACT
,
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:
\
$1 00,000 '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 following 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.
GLl
Administration Instruction
/14709.2
1996 Edition
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE 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-Ov.'I1ed, 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 Property Damage
The Monroe Couhty Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
VLI
Administration InstructIOn
#4709.2
80
.....
1996 Edition
\V A TER CRAFT LIABILITY
INSURANCE REQUIRE1\fENTS
FOR
CONTRACT
, ,
BET\VEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work 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 \Vrecked 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 legal liability of the shipov.ner.
The ~inimum limits acceptable shall be:
$500,00'0 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
AdflllfllSIr aliofl Instruction
1147092