Vaca Cut Channel Marking
CONTRACT AGREEMENT
AGREEMENT, MADE THIS /~.# day of 4o~ 0/72001, 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 Vaca Cut Channel Marking
Project, 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 October 31,
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$ 6.750.00 for the work
listed in Exhibit A ofthis Contract. Monroe County's performance and obligation to pay
under this contract is contingent uon 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 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 WC1, 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.
~
uty CI
witnes(j/L, ,3'Sfl(
Witness: ~g,,~
Bus~ame:~tr.N \JNo~~rz ~
By: ~~ ~~.
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Title: h';, Prl.f.i~ I OliN!
EXHIBIT A
County of Monroe
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 George Neugent, Dist. 2
Mayor Pro Tern Nora Williams, Dist. 4
Commissioner Sonny McCoy, Dist. 3
Commissioner Murray Nelson, Dist. 5
Commissioner Dixie Spehar, Dist. I
Work Description For
Vaca Cut
The Vaca Cut channel marking chain is being upgraded. Implementations include the
installation of three new markers and changing signs on four existing markers (all standard size).
These changes are for both the north and south sides of the channel and will result in a
continuously marked channel from the ocean to the bayside (red-right-returning). Contractors
should reference the attached color GIS map for a reference of the general locations, as well as
the updated County specifications sheet. As always, the work should be coordinated with Rich
Jones who will be on site to make the final determination of marker locations and to ensure
proper approach angles. Piling caps are to be installed on all markers (supplied by the County).
Scope of Work
New Markers (water depths approximately 6')
Installation of Vaca Cut DBN 3
Vaca Cut DBN 7
Vaca Cut DBN 11
Sign Changes (install new signs and hardware and dispose of old signs)
South side: Change DBN 3 to DBN 5
Change DBN 6 to DBN 8
North side: Change DBN 2 to DBN 13
Change DBN 1 to DBN 14
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EXHIBIT B
MONROE COUNTY
Specifications For the RepairlReplacement/Installation of
Aids to Navigation, Regulatory Markers, and Information Markers
(updated 4/25/2001)
For all pilinl!s:
. Pilings shall be oftimber 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 of the 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 (!h 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 W' (o.d.) flat washers and 3/8" nuts. 1 W' (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 run 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 run 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 regulatory and information signs:
Signs should be mounted flat against the piling using two stainless 3" long lag screws
with washers, one at the top and one at the bottom of the sign. An all-thread will be
installed at the sides of the signs, with washers and nuts in front and back. If mounted
beneath a lateral aid sign, a space of 4" should be provided.
2
ftTrTllI'I C
1996 Edition
- p.
--. '..
t.10NROE COUNTY, FLORIDA
INSURANCE CHECKLIST
FQR
VENDORS SUBMItTING PROPOSALS
FOR WORK
To assist in tl~e 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 bidde~
sign the fonn and submit it with each proposal.
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
WCl
WC2
WC3
WCUSLH
X Workers' Compensation
X Employers Liability
Employers Liability
Employers Liability
US Longshoremen &
Harbor Workers Act
X Federal Jones Act
Statutory Limits
$ J 00,0001$500,0001$ 1 00,000
$~00,0001$500,0001$500, 000
$1,000,0001$1,000,0001$ 1 ,000,000
Same as Employers'
Liability
Same as Employers'
Liability
VlCJA
INSCKLST 1
Admmistration Instruction
114709.2
1996 Edition
VEHICLE LJABJ[~~-
~
As a minimum, coverage should extend to liability for:
. Owned; Non-owned; and Hired Vehjcles
Required Limits:
VLI
x
VL2
VL3
VL4
BRI
MVC
PROI
PR02
PR03
POLl
POL2
POL3
EDl
ED2
GKl
GK2
GK3
WLl X
Administration Instruction
114709 2
$50,000 per Person: $100,000 per Occurrence
$25,000 Property DaI!1age
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 LiI11-it
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 Occurrencel$1 ,000,000 Agg.
$1,000,000 per Occurrencel$2,000,000 Agg.
$ 500,000 per Occurrencel$1,000,000 Agg.
$1,000,000 per Occurrencel$2,000,000 Agg.
$5,000,000 per Occurrencel$1 0,000,000 Agg.
$ 10,000
$100,000
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 3
1996 Edition
INSURANCE AGENrS ST~TEMENT
'.
"!.
.
. r have reviewed the above requirements with the bidder named below. The following deductibles
apply to the corresponding policy.
POLICY
, I
DEDUCTIBLES
Liability policies are _ Occurrence _ Claims Made
Insurance Agency
Signature
.
BIDDERS STATEMENT
I understand the insurance that ",ill be mandatory if awarded the contract and will comply in full
with all the requirements.
Bidder
Signature
INSCKLST 4
Administration Instruction
14709.2
1996 Edition
'VORKERS' COMPENaA TION
INSURANCE REQUIREl\IENTS
FOR
COl\'TRACT
,
BET\VEEN
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 v.ith 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 authonzed 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 Lener 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 Instruction
114709.2
1996 Edition
\\'0 RKERS' COl\frENSA TION
INSURANCE REQUIREMENTS
FOR
....
CONTRACT
, ,
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. I
\\'CJA
Administration Instruction
/147092
1996 Edition
GENERAL LIABII...=rV.
INSURANCE REQUIREl\fENTS
FOR
...
CONTRACT
I
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contrac~ 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
S300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Ponn 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.
GLl
Administration Instruction
1/4709.2
1996 Edition
VERI CLE LIABILi-:PY '.
INSU~'lCE REQUIREMENTS
FOR
....
CONTRACT
BETWEEN
ltfONROE 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 arc provided, the minimum limits acceptable s~l b~:
$ 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
Administration Instruction
1/47092
. 80
':: .'.
".~~. .~-
.. 1996 Edition
.
WATER CRAFr LIAB~
INSURANCE REQUIREl\~N1'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 tenus no less restrictive than those found in the
standard" American Institute Hull Clauses" (lune 2, 1977 edition). Coverage shall be
maintained throughout the life of the contract and include, as a minimwn:
· 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
If the policy obtained states that coverage applies for the It ActslJr Omissions of a Vessel",
it shall be endorsed to provide coverage for the legal1iability of the shipowner.
The minimum limits acceptable shall be:
S500,OOO Combined Single Limit (CSL)
Coverage provided by a Protection and Indemnity Club (P8?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.
. .
\VLl
Administration Instruction
..c7092