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166 Mooring Systems CONTRACT FOR PROVIDINGIDELIVERING 166 MOORING SYSTEMS THIS CONTRACT is entered into by MONROE COUNTY, a political subdivision of the State of Florida, whose address is the Marathon Government Center, 2798 Overseas Highway, Marathon, Florida 33050, hereafter the County, and American Underwater Contractors, Inc. 17536 SE Conch Bar Ave. Tequesta, FL 33469, hereafter AUC. Section 1. AUC and the County, for the consideration named agree as follows: 1. AUC will provide and assemble all hardware, equipment and materials for 166 mooring systems as outlined in the attached Scope of Work, Attachment A. 2. AUC will deliver all the described products to the City of Marathon Marina. All materials must be delivered by April 27, 2004. Section 2. Upon receipt of an invoice the County agrees to pay the amount of $119,874. Payment will be based on a determination by the Director of Marine Resources or his designee that all products and have been provided and delivered in accordance with the Scope of Work in Attachment A and meet the satisfaction of Department staff. The County will process invoices from AUC within 30 days of receipt. Section 3. AUC warrants that it has not employed, retained, or otherwise had act on its behalf any former County officer or employee subject to the prohibition BC040361 166 Moorings Contract.doc 2/27/20043:09 PM 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 County, in its discretion, may 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. Section 4. 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 perform work as a contractor, supplier, subcontractor, or AVC under contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for the Category two for a period of 36 months from the date of being placed on the convicted vendor list. Section 5. The AVC agrees to maintain adequate insurance or equivalent as provided in Exhibit B. Section 6. All communication between the parties should be through the following individuals or their designees: Monroe County AVC Contract 2/27/20043:09 PM 2 George Garrett, Director Department of Marine Resources 2798 Overseas Highway Marathon, FL 33050 David Foster American Underwater Contractors, Inc. 17536 SE Conch Bar Ave. Tequesta, FL 33469 Section 7. This CONTRACT is governed by the laws of the State of Florida. Venue for litigation arising under this contract must be in a court of competent jurisdiction located in Monroe County, Florida. Section 8. The effective date of this Contract is March 17, 2004. THE REMAINDER OF THE PAGE LEFT INTENTIONALL Y BLANK Contract 2/27/20043:09 PM 3 IN WITNESS THEREOF, the parties thereto have extended on the 1 ih day of March 2004. -::..._~:!-;-:=~~. i~~~~:l;I~:~~, CLERK ~,.,. - ~w~ {!"': t ,- ~~ " -.- r \ \ "~ I l! , . ,-- . " , ' ~j ,~, ::/1. ~,~,..- .", -\ ,'} r __ - ../J J ~. _ By (SEAL) Attest: By Title APPROVED AS TO FORM ~ LEC~~ UFfletE'NCY ~~ y:~ I,y ATTORNEY'S FICE /1 Contract 2/27/20043:09 PM cause these presents to be BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By ~".-; (~ Mayor/Ch mnan American Underwater Contractors ~~ Title .wB.l~ % "..:>> 0 <<::) g ..." In~ ..I:- ;::= or-:Z: ~ ", "lx-< -< 0 n. - ..." 0("): C::~;:I:; w 0 2. 0 :0 ....nr- .. ::0 :<:-f~ :z ;!J )> - ,." c;, - C"') ~ ,." .. 0 (.,) ::u N C 4 EXHIBIT A Scope of Work - Materials Requirements Appendix A 2/27/20043:09 PM Scope of Work for Providing/Delivering 166 Mooring Systems Monroe County is assisting the City of Marathon with it's mooring field project by funding the purchase of 166 mooring systems (hardware, materials, etc.) for the next expansion of the Boot Key Harbor mooring field. AVC shall provide materials, supplies and all necessary hardware for 166 total mooring systems as per the following specifications (note that the pennants and downlines shall be assembled): . 166 Hehnken Rock Cutting Multi-Helix anchors- 1 %" square x 10' long, 1 00,000 lb. tensile strength; . 166 Hehnken heavy-duty mooring anchor termination heads; . 664 feet of 1 'li" red heavy duty chafing hose (as per attached specifications); . 1200 feet of 1" premium nylon through-buoy rope; . 332 7/8" galvanized screw pin bow shackles; . 166 1" galvanized eye-to-eye swivels; . 166 1 Y4"xlO' (total finished length) StormS oft downline assemblies, including: hard plastic float and heavy duty galvanized thimbles; . 166 premium I" nylon three strand twisted white rope (tensile strength 22,600 lb.) 10' (total finished length) pennant assemblies (see attached diagram), including: 2' of red heavy-duty chafing hose (as per attached specifications) installed on top eye splice, red pennant float (as per attached specifications) to be installed on pennant line next to top eye splice, and an eye splice on bottom (without hose). . 166 18" mooring buoys (as per attached specifications) Additional Equipment/Supplies Specifications Heavy-duty chafing hose: Red air/water hose, model #HARG lD200, 1 Y4" ID, 200 psi Pennant float: Appendix E 2/27/20043:09 PM Expanded polyvinyl chloride, oval shaped, high density, red, 4 1;4" diameter, 5 1/8" height, hole 7/8", buoyancy 1 lb. 11 ounces. Mooring Buoy: Model #EMI-18, 18" spherical buoy, polyethylene shell with ulv inhibitors, roto-molded, closed cell 2 lb. polyurethane foam-filled flotation, through-buoy I" diameter pipe with protective flange bushing attached, true white standard color, striped with 3M heavy-duty blue reflective tape, exceeds USCG requirements. Appendix E 2/27/20043:09 PM Ma~ 14 04 11:31a Growth Mr;t (305)289-2854 p.2 Additional Equipment/Supplies Specifications Heavy-dtlty chafing hose: Red air/water hose, model #HARGID200, 1 '/4" ID, 200 psi Pennant float: Expanded polyvinyl chloride, oval shaped, high density, red, 4 W' diameter, 5 118" height, hule 7/8", buoyancy lIb. 11 ounces. Mooring Buoy: Model #EMI-18, 18" spherical buoy, polyethylene shell with U/V inhibitors, roto-molded, closed cell 2 lb. polyurethane foam-filled flotation, through-buoy 1" diameter pipe with protective flange bushing attached, true white standard color, striped with 3M heavy-duty blue reflective tape, exceeds USCG requirements. Ma~ 14 04 11:31a Growth Mgt (305)289-2854 p.3 ? e " '" ~ '" -C- /1 N7/d" [..';"e- :;.. "-'r- :f f"c<:-s 0"" c:. 'C!: kU- f#T (<=.L.h Lose I (J I dlle-va 11 /,,,,,4'" Ey<<bPI ~c.. E~i~t;~j E~e. ~ ~ EXHIBIT B Insurance Requirements Appendix E 2/27/20043:09 PM 1996 Edition GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN 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 i~ 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 #4709,3 50 1996 Edition WATER CRAFT LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN 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 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 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 issued to satisfy the above requirements. WLl Administration Instruction #4709.3 95 1996 Edition WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficienMo 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 term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor 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. wel Administration Instruction #4709.3 89 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 V ehide- 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 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. VLl Administration Instruction #4709.3 82 ACORD,. CERTIFICATE OF LIABILITY INSURANCE OP ID L~ DATE (MMIDD/YYYY) AMERI32 03/11/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATlot ONL Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE The Plastridge Agency-SO HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 710 S. E. Ocean Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Stuart FL 34994-2427 I NAIC# Phone: 772-287-5532 Fax:772-287-5572 ! INSURERS AFFORDING COVERAGE INSURED INSURER A Great American Insurance CO. E-----=-----: INSURER B American Underwater Contractor ------- & Scubba Scrubbers, Inc. INSURER C" i ---.--- 17536 SE Conch Bar Ave. INSURER D I Tequesta FL 33469 I ._- INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY.CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR[ TYPE OF INSURANCE POLICY NUMBER PD9..~~rME~rJIf~!i;E P8kt~YI~~~b'6~J~~N LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 ~ UAIVlA'-''= A X COMMERCIAL GENERAL LIABILITY OMH2500959-05 08/30/03 08/30/04 PREMISES (Ea occurence) $ 50000 I CLAIMS MADE D OCCUR MED EXP (Anyone person) $ 2500 SHIP REPAIRERS OMH2500959-05 08/30/03 08/30/04 PERSONAL & ADV INJURY $ 1000000 - GENERAL AGGREGATE $2000000 - GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS. COMP/OP AGG $ 1000000 I n PRO, nLOC POLICY JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - $ , ANY AUTO (Ea accident) , - ALL OWNED AUTOS BODILY INJURY - $ SCHEDULED AUTOS {Per person} - HIRED AUTOS BODILY INJURY - $ NON.OWNED AUTOS (Per accident) - - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY, EA ACCIDENT $ ==l ANY AUTO -~ OTHER THAN EA ACC $ ~- ~--~-- AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ ~ OCCUR D CLAIMS MADE AGGREGATE $ $ ==l DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND TTORY LIMITS 1 IU~~' EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT $ .-- OFFICER/MEMBER EXCLUDED? E.L DISEASE. EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below E. L DISEASE. POLICY LIMIT $ OTHER A P&I I OMH2500959-05 08/30/03 08/30/04 Liability 500000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS 1989 24' Privateer CERTIFICATE HOLDER CANCELLATION Richard Jones Fax #305-289-2536 2798 Overseas Hwy Ste 420 Marathon FL 33050 0000000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) CERTIFICATE OF INSURANCE SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BELOW, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. This certifies that: ~ STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois, or o STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois has coverage in force for the following Named Insured as shown below: Named Insured FOSTER, DAVID DBA AMERICAN UNDERWATER CONTRACTORS Address of Named Insured 603 COMMERCE WAY STE 15 JUPITER, FL 33458-8843 POLICY NUMBER EFFECTIVE DATE OF POLICY DESCRIPTION OF VEHICLE LIABILITY COVERAGE LIMITS OF LIABILITY a. Bodily Injury Each Person 8. Bodily Injury Each Accident b. Property Damage c. Bodily Injury & Property Damage Single Limit Each Accident PHYSICAL DAMAGE COVERAGES a. Com ehensive b, Collision EMPLOYER'S NON-OWNERSHIP COVERAGE HIRED CAR COVERAGE 885 5229-021-5911 10121I03-04I21104 2002 GMC YUKON XL SPT WG ~YES NO DYES DNO DYES DNO DYES DNO $100,000.00 $300,000.00 $50,000.00 YES DNO $500.00 Deductible YES DNO DYES DNO $0.00 Deductible Deductible YES DNO Deductible DYES DNO DYES DNO DYES DNO DYES DNO DYES DNO DYES DNO AGENT 2741 03/11/04 Title Agent's Code Number Date I I Name and Address of Agent I BILL BOWMAN INS. AGENCY INC. STATE FARM INSURANCE 720 W. INDIANTOWN RD. JUPITER, FL 33458 ~ L (561)746-5050 ~ DYES DYES DNO DNO Signature of Authorized Representative Name and Address of Certificate Holder I RICHARD JONES 2798 OVERSEAS HWY STE 420 MARATHON, FL 33050 L FAX-305-289-2536 Check if a permanent Certificate of Insurance for liability coverage is needed: 0 Check if the Certificate Holder should be added as an Additional Insured: Remarks: 158-4430,2 Rev. 9-94 Printed in U.S,A.