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Item J09County of Monroe {f `° " rel BOARD OF COUNTY COMMISSIONERS n Mayor David Rice, District 4 The FlOnda Keys y m �� 11 Mayor Pro Tem Sylvia J. Murphy, District 5 Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 County Commission Meeting July 18, 2018 Agenda Item Number: J.9 Agenda Item Summary #4409 BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Rich Jones (305) 289-2805 n/a AGENDA ITEM WORDING: Approval of Contract with Arnold's Auto & Marine Repair, Inc. for Removal, Refloating and/or Demolition and Disposal of Derelict Vessels, Floating Structures and Marine Debris ITEM BACKGROUND: At its June 20, 2018, BOCC meeting the Board approved the selection of seven contractors for the `Removal, Refloating And/Or Demolition And Disposal Of Derelict Vessels, Floating Structures and Marine Debris, including: Arnold's Auto & Marine Repair, Inc., Adventure Environmental, Inc., Coffin Marine Services, Inc., Lower Keys Marine Towing & Salvage, Inc., American Underwater Contractors, Inc., Coral Construction Company, and Underwater Engineering Services, Inc. Subsequently, staff prepared contracts for these selected marine contractors. The attached contract with Arnold's Auto & Marine Repair, Inc. provides for a three-year term retroactive to July 1, 2018, with the option to renew for one additional two-year term. There is currently budgeted $156,000 in State Boating Improvement Funds (BIF) for FY'2019 for derelict vessel/debris removals. PREVIOUS RELEVANT BOCC ACTION: June 2013- Approval of three year contract with Arnold's Auto & Marine Repair, Inc. for derelict vessel removal work. May 2016- Approval of two year extension of contract with Arnold's Auto & Marine Repair, Inc. for derelict vessel removal work. June 2018- Approval of selection of seven firms for derelict vessel removal work, including Arnold's Auto & Marine Repair, Inc., Adventure Environmental, Inc., Coffin Marine Services, Inc., Lower Keys Marine Towing & Salvage, Inc., American Underwater Contractors, Inc., Coral Construction Company, and Underwater Engineering Services, Inc. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval DOCUMENTATION: Contract with Arnold's Auto & Marine Repair FINANCIAL IMPACT: Effective Date: July 1, 2018 Expiration Date: June 30, 2021 Total Dollar Value of Contract: n/a Total Cost to County: Current Year Portion: Budgeted: Yes Source of Funds: State BIF 157-62520-530340 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: If yes, amount: 07/18/18 157-62520 - BOATING IMPROVEMENT Account 530340 REVIEWED BY: Emily Schemper Completed Peter Morris Completed Assistant County Administrator Christine Hurley 06/29/2018 9:01 AM Jaclyn Carnago Skipped Budget and Finance Completed Maria Slavik Completed Kathy Peters Completed Board of County Commissioners Pending $0.00 06/27/2018 1:58 PM 06/27/2018 4:21 PM Completed 06/27/2018 4:21 PM 06/30/2018 10:25 AM 07/02/2018 7:24 AM 07/02/2018 9:35 AM 07/18/2018 9:00 AM MONROE COUNTY CONTRACT FOR REMOVAL, REFLOATING ANDIOR DEMOLITION AND DISPOSAL OF DERELICT VESSELS, FLOATING STRUCTURES AND MARINE DEBRIS This Contract is made and entered into this _ day of , by the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ("COUNTY"), a political subdivision of the State of Florida, whose address is the Marathon Government Center, FL798 Overseas Highway, Marathon, Florida, 33050, and ARNOLD'S AUTO & MARINE REPAIR, INC. ("CONTRACTOR"), whose address is 5540 31d Avenue, Key West, FL 33040. By executing this Contract, CONTRACTOR makes the following express representations and warranties to the COUNTY: N I INTAN" Kell 1.1.2 The CONTRACTOR shall prepare all documentation required by this Contract in such a manner that they will be accurate, coordinated, and adequate for use in verifying work completed and associated costs and shall be in conformity and comply with all applicable law, codes, and regulations. The CONTRACTOR warrants that the documents prepared as part of this Contract will be adequate and sufficient to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information. 1.1.3 The CONTRACTOR assumes full responsibility to the extent allowed by law with regards to hiis performance and those directly under his employ. 1.1.4 The CONTRACTOR's services shall be performed as expeditiously as i's consistent with professional skill and care and the orderly progress of Tasks expressly assigined by the COUNTY. In providing all services pursuant to this Contract, the CONTRACTOR shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provis,ions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this Contract and shall entitle the COUNTY to terminate thi's contract immediately upon delivery of written notice of termination to the CONTRACTOR. of the COUNTY. As an independent contractor the CONTRACTOR shall provide independent, professional judgment and comply with all federal, state, and local statutes, ordinances, rules and regulations applicable to the services to be provided. creed,1.1.6 The CONTRACTOR shall not discriminate against any person on the basis of color,origin,age, or other characteristic or aspectwhich is • r related, in its recruiting, hiring, promoting, or any other area affecting emp;loyment under• or - provision of services or goods under this Contract. - effective date of • rt be the last day on • signed by both of the parties. Contract 1.1.8 Term of Contract. This • • , d terminate on !21, unless terminated earlierunder the terms of this Contract, The COUNTY and' CONTRACTOR shall have the option to renew this Contract for one additional ! and conditions this Contract, exercisable by mutual agreement upon written notice given at least thirty 0 days prior ® the - • of AnIlleapim wow Doris Arnold Arnold's Auto & Marine Repair, In 5540 3rd Avenue Key West, FL 33040 However, if COUNTY requests a price quotation(s) from the CONTRACTOR the request and response thereto may be accomplished by electronic mail ("e-mail"). Selection of the CONTRACTOR by the COUNTY and the terms of the individual job may be accomplished by e-mail notification with a Task Order Ll authorizing the work to be completed, and 21 signed by the COUNTY prior to the commencement of the work. Furthermore, a Notice of Termination may be accomplished by e-mail, but shall be immediately formalized in writing by the party seeking to terminate and sent to the other party by certified mail, return receipt requested. Article 3.0 County's Responsibilities 3.1 The COUNTY shall provide full information regarding requirements for the fulfillment of authorized Task Order(s) issued to the CONTRACTOR, with the understanding that the site conditions to which such information pertain or relate may be subject to change. 3.2 The COUNTY shall designate a representative to act on its behalf with respect to said issued Task Order(s). 3.3 Approve a schedule for the completion of individual Task Order(s) mutually - agreeable to both the CONTRACTOR and the COUNTY. 3.4 Prompt written notice shall be given by the COUNTY and its representative to thd CONTRACTOR if they become aware of any fault or defect in the work performed or non-conformance with this Contract. Written notice shall be deemed to have been duly caerved if sent pursuant to Paragraph 2.3. 3.5 The COUNTY's review of any documents prepared by the COII.TRACTOR shal" be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such ,i,ocuments shall relieve the CONTRACTOR of responsibility for the accuracy, Rdequacy, fitness, suitability, or coordination of its work product. , Subcontractors 4,1 All assignments of work shall be authorized in a signed Task Order in accordance with the COUNTY'S policy prior to any work being conducted by the CONTRACTOR. 4.2 Additional authorizations may contain additional instructions or provisions specific to the authorized work for the puirpose of clarifying certain aspects of the work to be undertaken. Such suppilem!ental instruction or provisions shall not be construed as, a modification of this Contract. Authorizations shall be dated, numbered and clearly relate to the specific job assignment so that they can easily be related to the specific assignment. Where available, the authorization shall refer to the name of the vessel, and its location. romnowap��# !mns num 5.1 The CONTRACTOR covenants and agrees to hold harmless the COUNTY/Monroe County and Monroe County Board of County Commissioners, and its officers and employees, from liabilities, damages, losses, and costs, including but not limited to, all fines, suits, claims, demands, actions, costs, obligations, and attorney's fees, or liability of any kind (1) arising out of, related to, or in connection with the negligence, recklessness, or intentional wrongful conduct of the CONTRACTOR, subcontractor(s), and other persons employed or utilized by the CONTRACTOR in the performance of the CONTRACT, or IQ arising out of, related to, or in connection with the willful non-performance of the CONTRACTOR. The CONTRACTOR shall be solely responsible and answerable for any and all accidents or injuries to persons or property arising out of its performance of the Contract, including those of any subcontractors. 5.2 The first ten dollars ($10.00) of remuneration paid to the CORTRACTOR is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Contract. Should any claims be asserted against the COUNTY by virtue of any Ie�em-ircptf 4rft 0*i+TR-A-C-T#R, the CONTRACTOR agrees and warrants that he shall hold the COUNTY harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the COUNTY's behalf. i- 1-0111 I IT; W410151 2 111 11:1:12.1111" 0 5.4 The CONTRACTOR agrees that no charges or claims for damages shall be made by it for any delays or hindrances attributable to the COUNTY, for whatever cause, during the progress of any portion of the services specified in this Contract. The CONTRACTOR agrees that it shall not be entitled to damages for delay 5.5 The CONTRACTOR shall be responsible for the completeness and accuracy of its work, plan, supporting data, and other documents prepared or compiled under its obligation for this project, and shall correct at its expense all significant errors or omissions therein which may be disclosed. The cost of the work necessary to correct those errors attributable to the CONTRACTOR and any damage incurred by the COUNTY as a result of additional costs caused by such errors shall be chargeable to the CONTRACTOR. 5.7 This indemnification shall survive the expiration or early termination of the Contract. 6.1 Payments. The compensation available to the CONTRACTOR under this Contract shall be determined by the COUNTY on the basis of price quotations received from approved CONTRACTORS and the necessities of the individual job(s). The raspti-44V-tr writing with a quotation for the job, a description of the job, the amount of time by which the CONTRACTOR can begin the particular job, and the time necessary to complete that particular job. 1.2 For its assumption and performances of the duties, obligations, and responsibilities set forth herein, the CONTRACTOR shall be paid in accordance with 7,ssigned Tasks and completion of Tasks, based on submitted invoices. All invoices must meet NRCS standards and requirements. (A) If the CONTRACTOR's duties, obligations, and responsibilities are material changed by amendment to this Contract after execution of this Contract, compensation due to the CONTRACTOR shall be equitably adjusted, eithe upward or downward; I (B) As a condition precedent for any payment due under this Contract, the CONTRACTOR shall timely submit proper invoices for services and work properly rendered and reimbursable expenses due hereunder. The CONTRACTOR's invoice shall describe with reasonable particularity the service rendered. The CONTRACTOR's invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at which the COUNTY may require. pol M- , 01 7.1.2 Failure to maintain coverage shall be considered a valid reason for the COUNTY to terminate this Contract. 7.1.3 The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this Contract. Del�ays in the commencement of work, resulting from the failure of the CONTRACTOR to provide satisfactory evidence of the insurance required under th Contract, shall not extend deadlines specified in this Contract, and any penalties a failure to perform assessments shall be imposed as if the work commenced on the gpecified date and time. 7.1.5 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. FIR offer,111 1111WIIIIIII 0 1 W- Q 0 - ----- 7.1.7 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. 7.2.1 As a pre -requisite of the work governed, or other goods supplied under this Contract (including the pre -staging of personnel and material), the CONTRACTOR shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this Contract. The CONTRACTOR shall require all subcontractors to obt,pii itsurQvIce cotsistent ud-W tie Ilk, I [41H4111VIS" F. MA here:in, and where applicab e t e C s a I provide proot of insurance or all approved subcoors. of said coverage. Said coverage shall be written by an insurer acceptable to ths. COUNTY and shall be in a form acceptable to the COUNTY. 7.2.4 Prior to the commencement of work governed by this Contract, the CONTRACTOR shall obtain and maintain General Liability insurance. Coverage shali be continuously maintained and include, at a minimumi (A) Premises Operations (B); Bodily Injury Liability (C) Expanded Definition of Property Damal 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 fate of this Contract. In addition, the period for which claims may be reported should extend for a minimum of twelve months (12) following the acceptance of work by the County. mil.. 6 r-Rim. The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of thar required insurance, either- mo 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. NO 41 1- 111111111111 -------- -MM-1 11 1 1 1111 ill I 1 !111111 1!1111 ;l Till 70 1"INAT1,111111 Ins (A) $2 00, 00 0 pe r Pe rso n (8) $300:,000 per Occurrence 1.4.1 Prior to commencement of work governed by this contract, the CONTRACTOR chall obtain Workers' Compensation Insurance with limits sufficient to respond to the Rpplicable state statutes. 7.4.2 In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with limits of not less than: M usToa nump rMM mogMis (D) Employer's Liability- Statutory limits 7.4.4 Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. 7.4.5 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. 7.4.6 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. 7.5.0 Jones Act or Watercraft Coverage is Required 7.5.1 Prior to commencement of work governed by this Contract, the CONTRACTOR shall obtain Jones Act and/or Longshoremen and Harbor Workers Compensation Insurance with limits sufficient to respond to the applicable state and/or Federal statutes. The COUNTY shall be named as an additional insured with respect to the CO 7.5.2 The CONTRACTOR shall require its subcontractors to be adequately insured at least to the limits prescribed above, and to any increased limits of the CONTRACTOR if so required by the COUNTY during the term of this Contract. The COUNTY will not pay for increased limits of insurance for subcontractors. 7.5.3 The CONTRACTOR shall provide to the CO#RTT'certificates of insurance or a copy of all insurance policies includ'ing those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. us] 6-Rigel all r*"A to] grgIVA MAIM §*Rl The CONTRACTOR shall not transfer custody, release, alter, destroy or #;therwise dispose • any public records unless • otherwise provided in th provision or as otherwise provided by law. 1 !1 R I! I I I I ! I F I I III! I I! I I I I I ISI 1 1 1 ! 111 !1 1 ! I relationship, contractual or otherwise, with or any rights in favor of, any third party. HM I I f�' L014KI NQ 0 1 LVABDa OF By signing this Contract, CONTRACTOR represents that the execution of this Contract will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes)i. Violation of this section shall result in termination of this Contract and recovery of all monies paid hereto, and may result in debarment from COUNTY's competit�ive procurement activities. 11.1.5 Claims for Federal Aid. CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Contract; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. &TOW i' or resulting from the award • making • this Contract. For the breach or violation • the provision, the CONTRACTOR agrees, that the COUNTY shall have the right to terminate this Contract without liability and, at its discretion, to offset from monies owed, • otherwise recover, the full amount • such fee, commission, percentage, gift, • consideration. 11.2.0 Covenant of No Interest. CONTRACTOR and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Contract, and that only interest of each is to perform and receive benefits as recited in this Contract. 11.2.1 Federal' Contract Requirements. The CONTRACTOR and its subcontractors must follow the provisions as set forth in Appendix 11 to Part 200�, as amended, including but not limited to: 11.2.2 Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b). WA off" ................ ... M3 noff"XI II I I I I III I III 1 11111 1111 1 111 1 111!11111111 ; all I I I - I , . , , I , , WIRMFOUM-1 MON71M.; '.Lx, # - 11.3.1 Americans with Disabilities Act of 1990 (ADA). The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Feder/ government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 11.3 .4 NRCS Regulations. NRCS administers the EWP program through the followl authorities: I • Section 403 of Title IV of the Agricultural Credit Act of 1978, Public Law 95-334; and • Section 382, Title 111, of the 1996 Farm Bill Public Law 104-127; and • Codified rules for administration of the EWP program are set forth in 7 CFR 624. Article 15. No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Contract or be subject to any personal liability or accountability by reason of the execution of this Contract. WRI Ito, 11111 DIM P tol all PHROWiloi I A Article 25. Section Headings. Section headings have been inserted in this Contract as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Contract and will not be used in the interpretation of any provision of this Contract. Article 26. Execution in Counterparts. This Contract may be executed in any number of counte!rparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Contract by signing any such counterpart. ilk MIM6 UI*- STATEOF COUNTYOF MO( The foregoing instrument was qckn nd attested before me th*i� yledged a y 0 r, is personal known to 2 018 , b;y 5 who de )l 1-11) 1 I T intificatil or produced and did take an oath. hu 41R Nota 'u 112�� Print Name MELINDA 0\111EDO Commission # FF 919024 Expires September 16, 2019 Bonded Thru Troy Fin Invirarm B=8&7019 C'D 80112 INSURED INSURER B Arnold's Auto & Marine Repair, Inc INSURER C: DBA: Arnold' Towing; Florida Keys ReC,overy INSURER 0c 5540 3rd Avenue INSURER E: Key west F L 33040 INSURER F: COVERAGES CERTIFICATE NUMBER. 18 -19 mister REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUBR POLICY NUMBER __.. POLICY EFF _ MWDO -. POLICY E.XP f LAMIDDn= LIMITS .. COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 11000,000 A CLAIMS -MADE a OCCUR DAMA E RENTED PREMISES Ea accurcerlce 5 50,000 X U1400423537 A18A 7/2/2018 7/2/2019 MED EXP (Any one person) S 5,000 PERSONAL &ADV INJURY S 1,000,000 GEN`L. AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 - -. POLICY PROF JECT LOC PRODUCTS - COMPIOP RGG y 2,000,000 OTHER S AUTOMOBILE LIABILITY SINGLE LWPuIWT $ Ea acc dent ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Par accident) $ AUTOS AUTOS NON -OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS Par a.'dant $ UMBRELLA LIAR OCCUR EACH OCCURRENCE S EXCESS LIAR CLAIMS -MADE AGGREGATE S DE RETENTION 5 _- S WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY YIN STATUTE ER _ ANY PROPRIETORIPARTNERIEXEOUTIVE E.L. EACH ACCIDENT S OFFICERIMEMBER EXCLUDED? Q N I --� - (Mandatory in NN) E.L. DISEASE - EA EMPLOYEE $ ityes describe under -- DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ ''.. A MARIZTE PACKAGE POLICY UM00023537MA18A 7/2/2019 7/2/2059 P&L $1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORO 101, Additional Remarks Schedule, may be attached if more space IS required) Maritime Employers Liability: $1,000,000 Limit. Janes Act is provided. Protection & Indemnity is proof of Jo es Act coverage required by law. Blanket Additional Assured/waiver of Subrogation rewired by contract. Certificate bolder is additional insured as respects general liablity as per fo= GAl2298 (41,/ 01) Vessels: 1996 Parker 26' &'2008 Wellcraft 30 P &1, TJSL, & H coverage is provided IP 1988 -2014 ACORD CORPORATION. All rights reserved. ACCRD 25 (2414101) The ACCRC name and logo are registered marks of ACCR IN 02 (201401)