Amendment 09/21/2004
CONTRACT AMENDMENT
(Beach Cleaning, Maintenance, and Beautification at Higgs Beach, Little Duck Key Beach, and Harry Harris Beach)
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TIllS AMENDMENT, made and entered into this ~ day of September, 2004, between
the COUNTY OF MONROE and ROBBIES SAFE HARBOR MARINE ENTERPRISES, INe.,
in order to amend the agreement between the parties dated September 19, 2001, and as amended
on November 20, 2001 and September 17, 2003 (copies which are incorporated hereto by
reference) as follows:
1. To renew the contract on a month to month basis commencing October 1, 2004.
2. The Contract Sum shall increase by the CPI-U of 2.99% from $9,792.94 per month to
$10,085.75 per month as follows: Higgs Beach from $6,910.79 to $7,117.42, Little Duck
Key Beach from $1,299.28 per month to $1,338.13, and Harry Harris Park Beach from
$1,582.87 to $1,630.20.
3. In all other respects, the original agreement between the parties dated September 19,
2001, and as amended on November 20,2001, and September 17,2003, remains in full
force and effect.
~ WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year
/;tirSt written above.
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;;, Attest: DANNY L. KOLHAGE, CLERK
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Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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SPECIFICATIONS
FOR BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION
1. The Location of the beaches included in this project for the County of Monroe
are found as follows:
Higgs Beach - Key West
little Duck Key Beach - MM 40
Harry Harris Beach - MM 93
2. ReQuired Services:
The required services to be performed by the Contractor shall be to clean and
maintain the entire length and width of the designated public beach areas from
the water's edge to the curb line or nearest edge of the pavement of the public
road nearest to and paralleling the beach area on the basis of no less than three
(3) times per week, weather and/or environmental conditions permitting.
Cleaning and maintaining of the public beach areas is to be completed by 9:30
a.m.
3. Alert:
The Monroe County Board of County Commissioners has beach cleaning
regulations in the Monroe County Code, Chapter 13, Article IV, regarding
protection of sea turtles (attached).
4. Mechanized EQuipment:
Each vehicle utilized on the beaches shall have sufficient lights to illuminate its
working area. Each vehicle utilized on the beach shall be identified by a
registration number, which has been assigned by the State of Florida. All
mechanized equipment that will be transporting debris, trash, litter, seaweed,
sand, and refuse toa disposal site, or to and from the beach areas, shall be
registered with the Florida Department of Highway Safety and Motor Vehicles,
and shall be enclosed or completely covered to prevent discharge. All vehicles
transporting debris or equipment shall travel along major arterial roads.
Residential roads or streets may not be used, except where no other means of
ingress and egress are available.
5. Debris. Trash and Litter Removal:
A. Debris, trash and litter removal wood, plastic, glass, paper, tar, pine
needles, palm fronds, coconuts, tree limbs, metal objects and other forms of
debris, trash and litter deposited on the beach by the ocean or by bather usage,
shall be raked up and removed to the disposal site on a regular basis.
B, Trash Removal: Fixed or mobile trash containers of any nature; round,
square, wood, or metal, provided by the County that are located anywhere
on the sand and seaward of the curb or edge of the pavement of the nearest
road paraUeling the Beach area, shall be emptied and hauled to disposal site on
a daily basis.
6. Seaarass:
The Contractor shall rake up all seagrass whenever located on the beaches and
haul it to the disposal site. Alternatively, at the specific direction of the Owner's
representative and on a very limited test basis until methodology and results are
proven, the Contractor may be directed to utilize clean (free or debris, litter and
tar) seagrass for purposes of dune reconstruction,
7. Hazard Manaaement:
The Contractor agrees to provide such hazard management services as the
Owner's representative may request. The Contractor agrees to be available for
the performing of such services on an emergency basis and shall respond to the
request for the correction of such hazardous conditions, within a 24 hour period,
such services shall be at additional hourly costs as established by the Bid
Proposal, and include, but are not limited to, the shoring of eroding and
deteriorated walkways by moving fill into place around them, grading storm-cut
escarpments and removing threatening debris. Foreign material in excess of
one ton which must be lifted at once is excluded from the Contractor's
responsibility.
8. Erosion Control and Beach Repair:
The Contractor shall possess equipment capable of providing certain beach
repairs and erosion control measures. The beach is from time to time in need of
certain measures for erosion control and repair and, accordingly, the Contractor
agrees to provide the following services to the extent of reasonable capability_
A. Backfilling of washouts, particularly at the foot of any stairs or entrance
ways.
B. Grading of excess sand deposits.
C, Grading of deep sand furrows and escarpments to a more easily
navigated slope.
D. Adding sand to and grading around beach structures.
E. Spreading sand provided by the County to replenish sand loss due to
storms and/or erosion.
9. Erosion Control:
The Contractor agrees to maintain the contour of the Beaches against further
wave action, and to maximize the usable sandy portion of the beach for
recreational enjoyment.
10. Hurricane Conditions:
........
In the event a hurricane, major storm, or act of God deposits unusual and
excessive amounts of material on the beach, and the Owner's representative
reasonably agrees that such deposits are indeed excessive, the Contractor
shall submit a proposed Change Order hereto with additional provisions and
costs to effectively return the beach areas to as near normal condition as
possible with extraordinary clean-up measures.
11. Attorney's Fees:
In the event suit is brought by either party relative to this Agreement, the
prevailing party shall be entitled to collect all reasonable costs and expenses of
suit, including, but not limited to reasonable attorney's fees. The venue for any
dispute concerning this agreement shall be in Monroe County, Florida.
12. Liabilitv Insurance and Indemnitv:
The Contractor covenants and agrees to indemnify and hold harmless
Monroe County Board of County Commissioners from any and all claims for
bodily injury (including death), personal injury and property damage
(including property owned by Monroe County) and any 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, occasioned by the negligence, errors or other
wrongful act or omission of the Contractor or its subcontractor's in any tier, their
employees, or agents.
In the Event the completion of the project (to include the work of others) is
delayed or suspended as a result of the Contractor's failure to purchase or
maintain the required insurance, the Contractor shall indemnify the County from
any and all increased expenses resulting from such delay.
The extent of liability is in no way limited to, reduced, or lessened by the
insurance requirements contained elsewhere within this agreement.
13, General Insurance ReQuirements:
As a pre-requisite of the work governed, or the goods supplied under this
contract (including the pre-staging of personnel and material), the Contractor
shall obtain, at his own expense, insurance as specified in any attached
schedules, which are made part of this contract. The Contractor will ensure that
the insurance obtained will extend protection to all subcontractor's engaged by
the Contractor, As an alternative the Contractor may require all
subcontractor's to obtain insurance consistent with the attached schedules.
The Contractor will not be permitted to commence work governed by this
contract (including pre-staging of personnel and material) until satisfactory
evidence of the required insurance has been furnished to the County as
specified below. Delays in the commencement of work, resulting from the failure
of the Contractor to provide satisfactory evidence of the required insurance, shall
not extend deadlines specified in this contract and any penalties and failure to
perform assessments shall be imposed as if the work commenced on the
specified date and time, except for the Contractor's failure to provide satisfactory
evidence.
The Contractor shall maintain the required insurance throughout the entire term
of this contract and any extensions specified in the attached schedules. Failure
to comply with this provision may result in the immediate suspension of all work
until the required insurance has been reinstated or replaced. Delays in the
completion of work resulting from the failure of the Contractor to maintain the
required insurance shall not extend deadlines specified in this contract and any
penalties and failure to perform assessments shall be imposed as if the work had
not been suspended, except for the Contractor's failure to maintain the required
insurance.
The Contractor shall provide, to the County, as satisfactory evidence of the
required insurance, either:
Certificates of Insurance
or
A Certified copy of the actual insurance policy
The County, at its sole option, has the right to request a certified copy of any of
all insurance policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-
renewal, material change, or reduction in coverage unless a minimum of thirty
(30) days prior notification is given to the County by the insurer.
The acceptance and/or approval of the Contractor's insurance shall not be
construed as relieving the Contractor from any liability or obligation assumed
under this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials
will be included as "Additional Insured" on all policies, except for Workers'
Compensation.
Any deviations from these General Insurance Requirements must be requested
in writing on the County prepared form entitled "Request for Waiver of Insurance
Requirements" and approved by Monroe County Risk Management.
14. General Liabilitv:
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:
$100,000 per Person
$300,000 per Occurrence
$50,000 Property Damage
OR
$300,000 Combined Single Limit
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.
15. Vehicle Liabilitv:
Recognizing that the work governed by this contract requires the use of
vehicles, the Contractor, prior to the commencement of work, shall obtain