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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: ~~ ~~. ~ 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 ~ z m o .9 l/J c: C) "0 Q) ~c: cu CO s: - ua.. C) c J;2 L... , ~ ..-~ ~ . ...... l/J c: C) '0 "It ..... ~z c:m jgO uO - \ ~ c:..... ~ Q) c: =('1') sz ~m /0 ...... N" M. In;) \ l>;)l> '/1 ~/ c: .21 ~ l/JI() ~z c:m c: jgC .21 Q) l/Joo c: u.9 =,.... ~z Sz c:m l/Jm jgO .50 u.9 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