08/20/2003 Tavernier Creek Buoy Project
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
February 3, 2004
TO:
Kim McGee, Coordinator
Marine Projects
Pamela G. Hanco~
Deputy Clerk ry
FROM'
At the August 20, 2003, Board of County Commissioner's meeting the Board granted
approval and authorized execution of a Contract Agreement between Monroe County and
AS.AP., Inc. for the Tavernier Creek Buoy Project.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you
have any questions please do not hesitate to contact tbis office.
cc: County Administrator wlo document
County Attorney
Finance
File
CONTRACT AGREEMENT
AGREEMENT, MADE THIS 2tJ ill day of ;+t,/fV77 2003, by and
between, A.S.AP. Marine Contractors (" 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 instaI1ation
of six regulatory buoy systems and the removal and disposal of five discrepant 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 October 30,
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$ 4.100.00 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 indemnify and hold harmless Monroe
County Board of the County Commissioners from any and all claims for bodily injury
(including death), personal nyury, 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, fihn, 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 WCl, 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 COWlty 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 Wlder 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 ofthe 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.
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OF MONROE COUNTY, FLORIDA
BY:~~(~
Mayor/Clm' n
Witness:
Business Name:
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EXHIBIT A
Scope of Work
For Regulatory Buoy Installations at Tavernier Creek
The Monroe County Department of Marine Resources is converting 'shallow water markers' to
buoys (see attached color GIS map). There are currently five 'shallow water markers' and an
existing buoy in Tavernier Creek marking the regulatory zone and warning of a blind bend.
These markers shall all be replaced with new buoys with embedment anchor systems.
The awarded contractor shall remove five 'shallow water markers' and one buoy (with concrete
block anchor) and replace with six complete buoy systems (including buoy, downline and
embedment anchor). Two of the buoys shall be caution markers and four buoys shall be
regulatory markers. The contractor shall provide all materials and hardware.
Language and symbols on buoys should appear as follows:
Four Regulatory Buoys:
SLMED
MINUAKE
PERMIT NO. 95-042 CO. ORD. 019-1995
Two Caution Buoys:
Contractors should refer to the attached Monroe County marker specifications sheets for more
detailed information regarding specifications and installation of 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.
-69
&70
&16
-15 &14
Markers to be replaced
Indlceted by ..
171
III SSMW/RNSO
-13
&12
&10
-9
&6
-7
County of Monroe
EXHIBIT B
Department of Marine Resources
2798 Overseas Highway, Suite 420
Marathon, Florida 33050
Phone: (305) 289-2805
FAX: (305) 289-2536
Board of County Commissioners
Mayor Dixie Spehar, Dist. I
Mayor Pro Tern Murray Nelson, Dist. 5
Comm. Charles "Sonny" McCoy, Dist. 3
Comm. George Neugent, Dist. 2
Comm. David Rice, Dist. 4
June 9, 2003
Specifications for Buoys and Downlines
The County requires that the following specifications are met for buoy installations:
Buoys should be heavy duty, High Density Polyethylene (HOPE), 9" diameter, 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 down line should be 7/8" three strand 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 I Y4"; 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 Y4"; 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
FOR
VENDORS SUBl\UfTING 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
WCI
WC2
WC3
WCUSLH
WCl4-
X Workers' Compensation
x Employers Liability
Employers Liability
Employers Liability
US Longshoremen &
Harbor \Vorkers Act
X Federal lones Act
Statutory Limits
$100,000/$500,000/$100,000
$500,000/$500,000/$ 5 00,000
$ I ,000,000/$1 ,000,000/$ I ,000,000
Same as Employers'
Liability
Same as Employers'
Liability
INSCKLST 1
Adl11inislration Instruction
114709.2
-
r.~
1996 Edition
GENERAL LIABILITY
As a minimum, the required general liability coverages will include:
· Premises Operations
· B lanket C~>ntractual
· Expanded Definition
of Property Damage
Required Limits:
GL1
x
GL2
GL3
GL4 \
Required Endorsement:
'.
GLXCU
GLLIQ
GLS
Prqducts and Completed Operations
Personal Injury
.
.
$100,000 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; $1,000,000 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.
Administration Instruction
114709.2
INSCKLST 2
1996 Edition
VEHICLE LIABILITY
As a minimum, coverage should extend to liability for:
· Owned; Non-owned; and Hired Vehjc;les
Required Limits:
VLl
VL2
VL3
VL4
BRl
MVC
PROl
PR02
PR03
POLl
POL2
POL3
EDl
ED2
GKl
GK2
GK3
WLI
x
\
x
Administration ImtrllclIon
1t47()<) 2
$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
Motor Truck
Cargo
Professional
Liability
Pollution
Liability
Employee
Dishonesty
Garage
Keepers
Limits equal to the
completed project.
Limits equal to the maximum
value of anyone shipment.
$ 250,000 per Occurrence/$ 500,000 Agg.
$ 500,000 per Occurrence/$I,OOO,OOO 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/$1 0,000,000 Agg.
$ 10,000
$100,000
$ 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
--
1996 Edition
mSURANCEAGENTSSTATEMENT
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 understand the insurance that will be mandatory if awarded the contract and will comply in full
with ~1I the requir,ements.
Bidder
Signature
INSCKLST ~
Administration Instruction
114709,2
--
~........
1996 Edilion
'VORKERS' COMPENSATION
INSURANCE REQUIRE1\fENTS
FOR
CONTRACT
,
BET\VEEN
1\fONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance v.~th 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 maintained throughout the entire tenn of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the ~ontractor-has 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 of Insurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
weI
Administration InslIlIctloll
114709.2
1996 Edition
\"ORKERS' CO~fPENSA TION
INSURANCE REQUIREMl':NTS
FOR
CONTRACT
, I
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
1/4709,2
.....
;:::: ....--
1996 Edition
GENERAL LIABILITY
INSURANCE REQUIRE1\fENTS
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:
\
, $1 OO,OOOJper 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 follov.ring 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 Instruclion
/14709,2
-,
1996 Edition
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
l\10NROE 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 minimwn limits acceptable shall be:
$ 50,000 per Person
\ $100,000 per Occurrence
. $ 25,000 Property Damage
The Monroe County 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 REQUlRE1\fENTS
FOR
CONTRACT
, I
BET\VEEN
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 ofa Vessel",
it shall be endorsed to provide coverage for the legal liability of the shipo\J"ner.
The rbinimum 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 is~~ed to satisfy the above requirements.
\\ILl
AdminIStration Instruction
f/4709.2