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Home My WebLink AboutSombrero Beach & Jolly Roger AGREEMENT, CONTRACT AGREEMENT MADE THIS rllr chy of rfJ (; T 2001, 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 repair of regulatory aids located off of Sombrero Beach, Marathon, and Jolly Roger, Little Torch Key, 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 November 30, 2001. 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$ 1.874.00 for the work listed in Exhibit A of this Contract. 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 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 indelllllifY 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 WCI, WCJA, GLI, VLI, & 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 oftermination. 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 BOARD OF COUNTY COMMISSIONERS GE, CLERK OF MONROE CO Y, FLORIDA Witness: .'113 'AIHnO:J 30t!NOh 13 .~!J '~l:J 3!)VH"O~ '1 ).~mfO I i-t : II WV 6 I 83.:1l00Z OHO::l3H HO.:l 0311.:1 ::~:IJ~Z~ Title: ~R~~\ ~./~ EXHIBIT A County of Monroe Deoartment 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. 1 Commissioner Nora Williams, Dist. 4 Commissioner Mary Kay Reich, Dist. 5 August 7, 2001 To: Kim McGee, Marine Projects Coordinator From: Richard Jones, Marine Resources Planner Re: Marker maintenance at Sombrero Beach and Jolly Roger regulatory zones Marker installations for the boating restricted zone at Sombrero Beach have not proven to be effective, as only two of the five markers originally planned for the zone were installed two years ago due to unforeseen bottom conditions. I would like to have those two markers removed for use elsewhere. One of the shallow water markers needs to be used to replace a missing one at the Jolly Roger boating restricted zone at Little Torch Key, and the other one will be stored as a spare. In addition an idle speed zone buoy at Jolly Roger was destroyed by a boat last week at the entrance to Dolphin Marina. This buoy is critical and needs to be replaced immediately. Please request quotes for the following work (contractors: see attached specification sheets): Site Sombrero Beach Problem Need to remove two shallow water markers. Installation none Jolly Roger (at Little Torch Key) Need to replace a broken shallow water marker with one removed from Sombrero beach. Permit number on marker should be changed accordingly. (transport the remaining shallow water marker to storage area at the Florida Keys Marina in Marathon) Install shallow-water marker (1): IDLE SPEED " "-, ~ '-- - NO WAKE PERMIT NO. 9S-OS1 co. ORD. 042-1994 Need to replace missing regulatory buoy. Install regulatory buoy (1): IDLE SPEED ~- } NO WAKE PERMIT NO. 9S-OS1 CO. ORD. 042-1994 EXHIBIT a CoUnty of Monroe Deoartment 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 July 13, 2000 Specifications for Buoys 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 anchoring eye. 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 S'; minimum embedment into hard rock substrate at least 1'; minimum helical disk size 6:; minimum shaft diameter 0/."; anchor will be galvanized steel. For sand or mud substrates of greater than S' the anchor will be a soft bottom helical embedment anchor: Minimum anchor length S'; minimum embedment depth S'; minimum helical disk size 8"; minimum shaft diameter 1"; the anchor will be galvanized steel. * All contractors must be experienced in the installation of marine embedment anchors. 'it'f' ~ ... ,,,,.,.~.'l ~"""~~J~ / Replace Shallow-Water Marker . - .. ~RePlace Buoy . ... - EXllDlI'r C 1996 Edidon :r J\10NROE COUNTY, FLORIDA INSURANCE CHECKLIST FQR VENDORS SUBJ\UITING 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 fonn 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. . \VORKERS' COMPENSA nON AND EMPLOYERS' LIABILITY WCl WC2 WC3 WCUSLH x Vlorkers' Compensation x Employers Liability Employers Liability Employers Liability US Longshoremen & Harbor Workers Act X Federal Jones Act Statutory Limits $ J 00,000/$500,000/$ 1 00,000 $300,000/$500,000/$500,000 $1,900,000/$1,000,0001$ 1 ,000,000 Same as Employers' Liability Same as Employers' Liability VlCJA lNSCKLST 1 Administration Instruction U 109 2 1996 Edition VEHICLE LIABJ[HY~ As a minimum, coverage should extend to liability for: . Owned; Non-owned; and Hired Vehj~les Required Limits: X BRI MVC PROl PR02 PR03 POLl -POL2 POL3 EDl ED2 GKl GK2 GK3 VI. I x VLl VL2 VL3 VL4 AdmlnlSlrallon Instruction 1/47092 S50,000 per Person: S 1 00,000 per Occurrence S25,000 Property Damage or S100,000 Combined Single Limit $100,000 per Person; $300,000 per Occurrence $50,000 Property Damage or S300,000 Combined Single Limit S500,000 per Person; $1,000,000 per Occurrence S 1 00,000 Property Damage or SI,OOO,OOO Combined Single Limit S5,000,000 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 S 250,000 per OccurrencelS 500,000 Agg. . S 500,000 per OccurrencelSl,OOO,OOO Agg. SI,OOO,OOO per OccurrencelS2,000,000 Agg. S 500,000 per OccurrencelSl,OOO,OOO Agg. SI,OOO,OOO per OccurrencelS2,000,000 Agg. S5,000,000 per OccurrencelSl0,000,000 Agg. S 10,000 S100,000 Pollution Liability Employee Dishonesty Garage $ 300,000 ($ 25,000 per Veh) Keepers $ 500,000 ($100,000 per Veh) $1,000,000 ($250,000 per Veh) Watercraft Liability $500.000 INSCKLST J 1996 Edilion 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 I I DEDUCTIBLES Liability policies are _ Occurrence _ Claims ~1ade Insurance Agency Signature . BIDDERS STATEMENT I understand the insurance that 'will be mandatory if awarded the contract and will comply in full with all the requirements. Bidder Signature INSCKLST 4 Administralion Instruction '4709.2 1996 Edilion 'VORKERS' COMPENOA TION INSURANCE REQUIREJ\iENTS FOR CONTRACT , BET\VEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance v.rith 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 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. \Vel AdminiSlration Instruction '4709.2 1996 Edition \\'ORKERS' COl\{;:ENSA TION INSURANCE REQUIREMENTS FOR CONTRACf , ' 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 t in so far as the coverage provided is no less restrictive than would have been providel by a Workers' Compensation policy. I \"'CJA AdmanlStrallon Instruction #47092 1996 Edition GENERAL LIABIJ~TY. INSURANCE REQUIREl\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 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 00,000 per Person $300,000 per Occurrence S 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 e>.."tend 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 '4709.2 1996 F.diliM VEHICLE LIABILI1=r '. INSURANCE 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 minimwn, liability coverage for: · Owned, Non-Owned, and Hired Vehicles The minimwn limits acceptable shall be: $100,000 Combined Single Limit (CSL) .l If split limits are provided, the minimwn limits acceptable s~l b:: $ 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 AdmiOlstratlUn Instruction ".709 2 KO 1996 Edition \" A TER CRAFT LIAnll.JJ'J~ INSURANCE REQUIREl\fi!;N1'S FOR CONTRACT , ' BEn\'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 Fixed or Movable Objects . Costs Associated with the Removal of Wrecked Vessels . Contractual Liability with Respect to this Contract lfthe policy obtained states that coverage applies for the "Acts,fJr Omissions of a Vessel", it shall be endorsed to provide coverage for the legal liability of the shipo\\'Iler. 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 i~ed to satisfy the above requirements. \VLI ^dmlnl~lralif)n Inslruction 147092 CONTRACT AMENDMENT THIS AMENDMENT TMHE AGREEMENT is made and entered into this I ct/tA day of -S (L 2001, between the County of Monroe, hereafter County, and American Underwater Contractors, hereafter Contractor, in order to amend the agreement between the parties dated November 22, 2000, a copy of which is attached to this amendment. The County and American Underwater Contractors, amend sections 2 ofthe November 22,2000 agreement as follows: 2. The work performed under the Contract shall commence immediately from the date Liaison provides the Notice to Proceed and shall be completed by March 31,2001. IN WITNESS WHEREOF, the parties have here on to set their hands and seal, the day and year first written above. ~~~; COUNTY COMMISSIONERS ~OECO~'FL ~ d - Mayor / American Underwater Contractors D'~'By: \)~ Title: AS t?Q~\(D~ .;-;= 'Altm03 3QHHOW "3 oHIJ o).1IJ . 1" \1 '1 '" 1\ ..,' 0 3flVH Un ;"..,. ~ 6 S :, Wd L - NOr 1 0 QHO~3B HOJ 01'11.1