Cow Key Channel Marker #32
CONTRACT AGREEMENT
fir
AGREEMENT, MADE THIS /)' day of fV\A '-I 2002, by and
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 materials for the Emergency repair of
Channel Marker #32 Cow Key ChanneL Monroe County as specified by Exhibit A.
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 May 31, 2002.
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$ 1.800.00 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 ofthe 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 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 we1, 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 Monroe County.
IN WIlNESS WHEREOF the parties here to have executed this agreement by the
":>,day,'8hdyear first written above.
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};K;'\"'1':~i;Y~~~) i' .' BOARD OF COUNTY
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B . BY:
eputy erk Mayor/Chairman
Witness:
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EXHIBIT A
Scope of Work For Replacement Of
Cow Key Channel DBN 32
The contractor shall supply a standard size pile and all hardware (see attached
specifications sheet). The County will supply the signs and piling cap. The marker will
be installed in the location indicated on the attached color GIS map. The contractor will
also remove and dispose of the broken pile which is washed up on the shore of Sigsbee
Island. Any piling stub protruding above the substrate shall also be removed and
disposed of.
Channel
Cow Key Channel
Work to be performed
Replace broken DBN 32
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EXHIBIT B
MONROE COUNTY
Specifications For the Repair/Replacement/Installation of
Aids to Navigation, Regulatory Markers, and Information Markers
(updated 12/13/2001)
For all pilinl!s:
. Pilings shall be of timber treated with chromated copper arsenate (C.C.A.).
. Pilings shall be of timber 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 1 % 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 ofthe 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 sil!ns:
. 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 (12 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 12" (o.d.) flat washers and 3/8" nuts. 1 12" (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
Standard size markers: Signs for these markers have a 1 nm nominal range. The standard size
for such signs is- 3' x 3' green square, 4' x 4' red triangle, 3' x 3' diamond (danger), and 4' x 3'
regulatory, and information signs. 12" diameter pilings (approximately) will be used for all
standard size sign installations.
For standard size signs mounted at the top of standard size pilings:
A 12" long 2" x 4" pressure treated backing board should be installed horizontally 2"
below the top of the piling (to provide room for the piling cap) and attached to the piling
with four stainless #16 ring shank nails to prevent the board from rotating. The board
will be beveled to provide a flat surface for the downward angle of the sign. The board
will be installed so as to mount the signs to the appropriate approach angle of the marker
route. For extreme angles, signs should be mounted one below the other to allow for the
angle overlap (in which case all-thread on the sides would not be used).
Two lag screws and two all-threads will be used to mount the signs. One lag screw (4"
long) will be installed at the top of the sign, through the backing board and into the
piling. The other lag screw (3" long) will be installed at the bottom of the sign into the
piling. The two all-threads will be installed on the sides of the signs. Washers and nuts
are to be used, both in front and back of the signs, to assist with adjusting the approach
angle and ensure proper stiffness of the sign assembly.
For standard size regulatory and information signs mounted below standard size lateral aid signs:
The 4' x 3' signs should be mounted 4 inches below the lateral aid sign. Signs should be
mounted flat against the piling using two 3" long lag screws with washers, one at the top
and one at the bottom. An all-thread will be installed at the sides of the signs. Washers
and nuts are to be used, both in front and back of the signs, to assist with adjusting the
approach angle and ensure proper stiffness of the sign assembly.
Smaller size markers: For certain situations smaller size signs should be used (this will be
indicated on the work order). These signs will have a Y2 nm nominal range. The standard size
for such signs is- 1 Y2' x 1 Y2' square green, 2' x 2' red triangle, and 3' x 2' regulatory and
information signs. 9" diameter pilings will be used for all small size marker installations.
For smaller size lateral aid signs:
Signs should be mounted flat against the piling using two 3" long lag screws with
washers, one at the top and one at the bottom of the sign.
For smaller size regulatorv and information signs:
A 12" long beveled 2" x 4" pressure treated backing board should be installed
horizontally 2" below the top of the piling (to provide room for the piling cap) and
attached to the piling with four stainless #16 ring shank nails. One lag screw (4" long)
will be installed at the top of the sign, through the backing board and into the piling. The
other lag screw (3" long) will be installed at the bottom of the sign into the piling. If
mounted beneath a lateral aid sign, a space of 4" should be provided.
2
1996 Edition
EXHIBIT C
=-
MONROE COUNTY, FLORIDA
INSURANCE CHECKLIST
FQR
VENDORS SUBM:rITING 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 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
x Workers' Compensation
x Employers Liability
Employers Liability
Employers Liability
US Longshoremen &
Harbor Workers Act
X Federal Jones Act
Statutory Limits
SJ 00,000/S500,0001$ 1 00,000
S300,000/S500,000/S500,000
Sl ,900,000/S 1 ,000,000/$ 1 ,000,000
Same as Employers'
Liability
Same as Employers'
Liability
WCl
WC2
WC3
WCUSLH
WCJA
INSCKLST 1
Administration Instruction
#4 709 2
,
~
1996 Edition
GENERAL LIABJL;,"ry
As a minimum, the required general liability coverages will include:
· Premises Operations
· Blanket Contractual
· Expanded Definition
of Property Damage
Required Limits:
GLl
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 Damage
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 ,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
All endorsements are required to have the same limits as the basic policy.
AdmlnlSlratlOn Instruction
#47092
lNSCKLST 2
1996 Edition
VEHICLE LIABl[~~
As a minimum, coverage should extend to liability for:
. Owned; Non-owned; and Hired Vehjc;les
Required Limits:
X
VLl
VL2
VL3
VL4
BRl
MVC
PROl
PR02
PR03
POLl
POL2
POL3
ED!
ED2
GKl
GK2
GK3
WI. 1 x
AdmtnlSlrallon Instruction
114 709 2
$50,000 per Person: S100,000 per Occurrence
$25,000 Property Damage
or
$100,000 Combined Single Limit
$100,000 per Person; S300,000 per Occurrence
$50,000 Property Damage
or
$300,000 Combined Single Limit
$500,000 per Person; SI,OOO,OOO per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
$5,000,000 Combined Single Lintit
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 Occurrencel$ 500,000 Agg.'
$ 500,000 per OccurrencelSl ,000,000 Agg.
$1,000,000 per OccurrencelS2,000,000 Agg.
$ 500,000 per OccurrencelSl,OOO,OOO Agg.
$1,000,000 per Occurrencel$~OOO,OOO Agg.
$5,000,000 per OccurrencelSl0,000,000 Agg.
$ 10,000
$100,000
Pollution
Liability
Employee
Dishonesty
Garage $ 300,000 ($ 25,000 per Veh)
Keepers S 500,000 ($100,000 per Vth)
$1,000,000 ($250,000 per Veh)
Watercraft Liability $500,000
INSCKLST 3
1996 Edilion
mSURANCEAGENrSST~TEMENT
I have reviewed the above requirements with the bidder named beldw. The following deductibles
apply to the corresponding policy.
POLICY
. .
DEDUCTIBLES
Liability policies are _ Occurrence _ Claims lvlade
Signature
Insurance Agency
.
}HDDERS STATEMENT
.
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all the requirements.
Signature
Bidder
INSCKLST 4
Administration Instruction
14709.2
1996 Edidon
\VORKERS' COMPENGA TION
INSURANCE REQUIREl\fENTS
FOR
CONTRACT
,
BETIVEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with 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
,I
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authodzed 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 fune
upon request from the County.
\Vel
Administration Instruction
U 709.2
1996 Edition
\\'ORKERS' CO"{~NSA TION
INSURANCE REQUIREMENTS
FOR
CONTRACT
. I
BET\VEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract involves Maritime Operations, the Contractors
Workers' Compensation InsuranCe Policy shall include coverage for claims subject to the Federal Jone
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 provk
by a W orkers' Compensation policy. l
,,,'CJ A
AdmlOlstr311on Ins\ruc\ion
/f41()q 1
1996 EditlOll
GENERAL LIA8U~TY.
INSURANCE REQUlRE1\iENTS
FOR
CONTRACT
I
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 Defmition 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 Propeny 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 e),."t~nd 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
Admmistratlon Instruction
1/4'709.2
1996 Edilion
VEHICLE LIABILi~:r t.
INSU~"'CE REQUIREMENTS
FOR
CONTRACT
BETWEEN
!\IONROE 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)
.t
If split limits are provided, the minimum limits acceptable shall be:
. ,
$ 50,000 per Person
$100,000 per Occurrence
$ 25,000 Propeny Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
VLl
AdminlSlf3\111n Inslruclion
tI4 709 2
KO
1996 Edilion
,V A TER CRAFT LIAnl.14T..~
INSURANCE REQUlREl\fEN1'S
FOR
CONTRACT
. .
BET\\'EEN
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 (mcluding death) to any Person
. Damage to rIXed 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 "ActslJr Omissions of a Vessel",
it shall be endorsed to provide coverage for the legal liability of the shipowner.
The minimum limits acceptable shall be:
S500,000 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.
. .
\VLl
AdmlnlStfl\ion II\!\UUClion
147092