Jolly Rogers Buoy Replacement
CONTRACT AGREEMENT
II!
AGREEMENT, MADE TIllS /~ dayof e;c{ 2003, byand
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 replacement
of regulatory buoy systems #11 & #12, Jolly Rogers according to the Scope ofWork/Map
attached as Exhibit A and Specifications attached as Exhibit B.
2. The work performed under the Contract shall conunence immediately from the
date the Liaison provides the Notice to Proceed and shall be completed by October 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$ 1.245.00 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 if repeated 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 ofits subcontractor(s) in any tier, their employees or
agents. The purchase of the insurance required in the paragraph 11 does not vitiate this
indenmification 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 WC1, WCJA,
GL1, VL1, & WLl. 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 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 Momoe County.
IN WITNESS WHEREOF the parties here to have executed this agreement by the
day and year first written above.
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Witness:
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OF MONROE CO~!Y, F~O A
~.~ /7? ~
BY:A;' 'Jja .
Mayor/Chairman
By:
. Titl::Wr~L:::aJT
MONROE COUNTY ATTORNEY
V TO FORM:
EXHIBIT A
Scope of Work
For Replacement of Regulatory Buoys at Jolly Roger
Buoys #11 and #12 have been destroyed at the Jolly Roger boating restricted area. The awarded
contractor shall replace the idle speed buoys (2 total), down-cables, underwater floats, and all
hardware as necessary. Language and symbols on buoys should appear as indicated below:
CO. ORD, 042-1994
Contractors should refer to Monroe County Specifications for Buoys and Anchoring Cables (see
attached). Contractors must coordinate the installations with Richard Jones, Marine Resources
Planner (305 289-2805), to ensure that all work is performed satisfactorily.
Location Map
Jolly
Roger
Boating
Regulatory
Zone
e
.
6
4
"'8
3
2
.""
1
~
County of Monroe
DeDartment 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 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 Ibs., 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 1/4" 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:
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 1 W'; 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 W'; the anchor will be galvanized steel.
~ Anchors must be professionally manufactured by manufacturers that carry product liability
Insurance.
County of Monroe
Deoartment or Marine Resourees Board of Couotv Commissioners
2798 Overseas Highway, Suite 420 Mayor Shirley Freeman, Dist. 3
Marathon, Florida 33050 Mayor Pro Tem George Neugent, Dist. 2
Phone: (305) 289.2805 Wi~Harvey, ~st.. 1 ,
FAX: (305) 289.2536 C~ss~oner Nora Wllli~ Di~ 4
Comnussloner Mary Kay ReICh, Dist. 5
EXHIBIT B
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 (HOPE), 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 W atelWay Marking
System.
The anchoring cable shall be 1/4" stainless steel, with eye loops at both ends secured with
stainless steel cable clamps. Eye loops shall be reinforced with a section of blue pIiovic 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 12" 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:
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 1 1;4"; 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 1;4"; the anchor will be galvanized steel.
* Anchors must be professionally manufactured by manufacturers that carry product liability
insurance.
1996 Edition
EXHIBIT C
MONROE COUNTY, FLORIDA
INSURANCE CHECKLIST
FQR
VENDORS SUBMitTING 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.
\VORKERS' COMPENSATION
AND
EMPLOYERS'LIABILITY
WCl
WC2
\VC3
WCUSLH
x
X
\V orkers' 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'
LiabiIi ty
\VClA
x
INSCKLST 1
AdllllnlSlrallOn InstrllC':
/14709 :2
1996 Edilion
As a minimum, thc rcquircd general liability coverages will include:.
GENERAL LIABJL:=iY
· Prcmises Operations
· Blanke! Contractual
· Expanded Definition
of PropeJ1y Damage
Required Limits:
GLl
x
GL2
GL3
'GL4
Required Endc,."::~~:-
GLXCU
GLLIQ
GLS
All endorsem~:-::
AdmrnlSlrallon ill
1147092
Prqducts 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; $l,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
-:d to have the same limits as the basic policy.
-
-
INSCKLST 2
1996 Edition
As a minimum, coverage should extend to liability for:
VEHICLE LJABJ[H"Y'
· Owned; Non-owned; and Hired Vehjcles
Required Limits:
VL1
VL2
VL3
VL4
BR1
MVC
PROI
PR02
PR03
POLl
POL2
POL3
EDl
ED2
GKl
GK2
GK3
WLI
x
Admlnlstrallon Ins!",j,: ,-
1147092
$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 Li11].it
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/$1 ,000,000 Agg.
$1,000,000 per Occurrence/$2,000,000 Agg.
$ 500,000 per Occurrence/$1 ,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
Pollution
Liability
Employee
Dishonesty
Garage
K ee pCfS
$ 300,000 ($ 25,000 per Veh)
$ 500,000 ($100,000 pcr Veh)
$1,000,000 ($250,000 per Veh)
Watercraft Liability $500,000
INSCKLST 3
1996 Edition
INSURANCE 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
.
BTDDERS STATEMENT
I understand the insurance that wiII be mandatory if awarded the contract and will comply in full
with all the requirements.
Bidder
Signature
-
-
INSCKLST 4
Administrallon In~lrUClI,H'
/14709,2
1996 Edition
\VORKERS' COMPEl';-dA'fION
INSURANCE REQUIREMENTS
FOR
CONTRACT
,
B ET\VEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commc:;ccment of work governed by this contract, the Contractor shall obtain
Workers' Compc!1S3.:ion Insurance \\lith limits sufficient to respond to Florida Statute 440.
In addition, the Co:-.,:-J,ctor shall obtain Employers' Liability Insurance v.ith limits of not less
than:
$100.000 Sed:;y Injury by Accident
$500,000 B.y:;iy Injury by Disease, policy limits
$100,000 E :,:i:y Injury by Disease, each employee
J:
Coverage shall :c :~~2::~:2ined throughout the entire term of the contract.
Coverage shall 2:': ,-=-..:-,::d by a company or companies authorized to transact business in the
state ofFloric::,
If the ContrJc:,':- u-"
insurer, the C ,,' '..::~:.
required to Sl::~ ::::,
ofInsurance. :-:-
. -..::-: 2.pproved by the florida's Department of Labor, as an authorized self-
.-: :-ccognize and honor the Contractor's status. The Contractor may be
',?:- of Authorization issued by the Department of Labor and a Certificate
: '?:2ils on the Contractor's Excess Insurance Program.
. :::es in a self-insurance fund, a Certificate of Insurance will be required.
.:- may be required to submit updated financial statements from the fund
If the Contr:.c -:- .
In addition. :~-....:
upon request ::-
....::1tv.
-
-
wel
AdmInIStratl"l'
/14709 2
1996 Edition
'\lORKERS' COl\f~N3A TION
INSURANCE REQUIREMENTS
FOR
CONTRACT
, I
BET\VEEN
MONROE COUNTY, FLORlDA
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
AdmlOlSlrallon Instruction
114709 2
1996 Edition
GENERAL LIABIJ;:TY
INSURANCE REQUIREMENTS
FOR
CONTRACT
,
BET'''EEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liabilitv 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 C::rr:bined Single Limit (CSL)
If split limits are ;-:-:'.;jd. the minimum limits acceptable shall be:
SIOO 00" -'.~ :c '-c:on
.. .......- --. - '-"-"
S300;OOJ :"~:-~'-:currence
$ 50 no:' ~- - - ,- '-.,' Damaoe
,~ ", . ... '. e
An Occurrence :~.- :-:~- . ,icy is preferred. If coverage is provided on a Claims Made policy, its
provisions shot.::..:: _...:.~ coverage for claims filed on or after the effective date of this contract.
In addition, the ~ - .:- \\'hich claims may be reported should extend for a minimum of twelve
(12) months fe.,.: acceptance of work by the County.
The Monroe C:..:,:
all policies iss:.:.'
:- j of County Commissioners shall be named as Additional Insured on
:~; the above requirements.
-
-
GLl
Administration 1;
#4709,2
1996 Edition
VEHICLE LIABILI1.y ~,
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:
· O'WTled, Non-Ov.ned, and Hired Vehicles
The minimum limits acceptable shall be:
$100,000 Combined Single Limit (CSL)
.
!
If split limits are pro\'ided, the minimum limits acceptable sh~l b~:
$ 50,000 pe:- Person
$100,000 pe:- Occurrence
$ 25,000 Prc;:-e:-::. Damage
The Monroe Count'.' 3,' 2:-: of County Commissioners shall be named as Additional Insured on
all policies issued :C'2::::'~:; the above requirements.
-
-
VLl
l\dmlnl~lrall(ln II
~47092
xo
1996 Edition
POLLUTION LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND '
Recognizing that the work governed by this contract involves the storage, treatment, processing,
or transporting of hazardous materials (as defined by the Federal Environmental Protection
Agency), the Contractor shall purchase and maintain, throughout the life of the contract,
Pollution Liability Insurance which will respond to bodily injury, property damage, and
environmental damage caused by a pollution incident.
The minimum limits of liability shall be:
$500,000 per Occurrence/$l,OOO,OOO Aggregate
If coverage is provided on a claims made basis, an extended claims reporting period of four (4)
years will be required.
-
-
POLl
Administration Instruction
#4709.2
71