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Item J10C ounty of M onroe {r `° " rel BOARD OF COUNTY COMMISSIONERS n Mayor David Rice, District 4 The FlOnda Key y m 1 �� 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.10 Agenda Item Summary #4410 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 Coffin Marine Services, 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 Coffin Marine Services, 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 Coffin Marine Services, Inc. for derelict vessel removal work. May 2016- Approval of two year extension of contract with Coffin Marine Services, 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 Coffin Marine Services, Inc. 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 2:15 PM 06/27/2018 4:23 PM Completed 06/27/2018 4:23 PM 06/30/2018 10:25 AM 07/02/2018 7:24 AM 07/02/2018 9:36 AM 07/18/2018 9:00 AM MONROE COUNTY CONTRACT FOR REMOVAL, REFLOATING AND/OR DEMOLITION AND DISPOSAL OF DERELICT VESSELS, FLOATING STRUCTURES AND MARINE DEBRIS By executing this Contract, CONTRACTOR makes the following expre-'� representations and warranties, to the COUNTY: 1.1.3 The CONTRACTOR assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 At all times and for allpurposes under this Contract the COATRACTOR is an independent contractor and not an employee of the COUNTY. No statement contained in this Contract shall be construed so as to find the CONTRACTOR or any of his/her employees, subcontractors, servants, or agents to be employees 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. 1.1.6 The CONTRACTOR shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other ch.aracteristic or a,spe* which is not job related, in its re hiring, promoting, terminating, or any other area affecting employment under this Contract or with the provision of services or goods under this Contract. 1.1.7 The effective date of this Contract shall be the last day on which this Contract is signed by both of the parties. Article 2.0 Scope of Services. The CONTRACTOR shall do, perform, and carry out in a professional and proper manner the Scope of Services described below. CONTRACTOR is required to have active licenses required to fulfill the requirements of each particular job. Eli MW John Coffin Coffin Marine Services, Inc. P.O. Box 430538 Big Pine Key, FIL 33043 . - urthermore, a Notice of Termination may be accomplished by e-mail, but shall be E nmediately formalized in writing by the party seeking to terminate and sent to the othqj • • certified mail, return receipt requested. 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-. t,.2 The COUNTY shall desicinate a representative to act on its behalf with respect q,aid issued Task Order(s). it 5.4 The CONTRACTOR agirees 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 4brees that it shall not be ent I ifled to damages for delay 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., KV-01 IM - NOW91 , ffkq���� 5.7 This indemnification shall survive the expiration or early termination of the Contract. 11.2 For its assumption and performances of the duties, obligations, and responsibilities set forth herein, the CONTRACTOR shall be paid in accordance with , .-ssigned Tasks and completion of Tasks, based on submitted invoices. All invoiceft 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 6.3 it shall be the CONTRACTOR's responsibility to pay any and all disposal fees at a transfer station(s) or other licensed disposal facility or recycling center. In addition to the foregoing invoice requirements, the CONTRACTOR is required t,o provide the COUNTY with a disposal receipt along with any invoice(s) for associated or otherwise related specified work. and mutually agreed upon in writing, by and between the CONTRACTOR and the COUNTY, in a written Task Order prior to COUNTY authorization for the CONTRACTOR to commence the work. 6.5 Payment Sum. The COUNTY shall pay the CONTRACTOR in current funds for the CONTRACTOR's performance of such. work. 6.6 Local Government Prompt Payment Act. Payment will be made according to the Local Government Pirompt Payment Act, Any request for payment must be in a form satisfactory to the Monroe County Clerk of Court. The request must describe in detail the services performed, the payment amount requested, and supporting documentation, including copies • receipts from the transfer station. f.7 Reimbursable Expenses. Expenses potentially reimbursable by/from non- County federal and/or state government agencies, incurred by the CONTRACTOR ir the interest of the work include the following expenses: 7.1.1 The CONTRACTOR shall obtain,,insurance as s ecified and maintain the required I insurance at all times that this Contract is in effect. In the event the completion of authorized work is delayed or suspended as a result of the CONTRACTOR's failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 7.1.2 Failure to maintain coverage shall be considered a valid reason for the COUNTY to terminate this Contract. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this Contract. 7.1.4 Delays 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 specified date and time. I 7.1.5 The acceptanceand/or ap roval of the CONTjRACTOR'S insurance shall not be construed as relieving the CONt&ACTOR' from any liability or obligation assumed under this contract or imposed by law. 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 obtain insurance consistent with the attached schedules. 7.2.2 The CONTRACTOR will not be permitted to commence work governed by this Contract (including pre-staging of personnel and material) until satisfactory evidence of the insurance required by this Contract has been furnished to the COUNTY as specified herein, and where applicable the CONTRACTOR shall provide proof of insurance for all approved subcontractors. 7.2.4 Prior to the commencement of work governed by this Contract, the CONTRACTOR shall obtain and maintain General Liability insurance. Coverage shall be continuously maintained and include, at a minimum: Emmm�� 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 • this Contract. In addition, th period for which cla ims may he reported shoul* extend for a minimum of twelve months (12) following the ac66pt 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. The CONTRACTOR shall Maintain the insurance required by this Contract thro'Ligho Q al Failure to comply with these provisions may result in the immediate suspension of work until the required insurance has been reinstated or replaced. M The CONTRACTOR may be required to submit a Letter of Authorization issued by t Department of Labor and a Certificate of insurance, providing details on the CONTRACTOR'S Excess] nsurance"Program. I If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance �AM be required. In addition, the CONTRACTOR may be required to submit updated financial statements from the fund upon request from the County. 7.3.1 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: iw WITITITOTITa "01 a =2- * k-1 � � � 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 CONTRACTORS Excess Insurance Program. ;UM 7.5.1 Prior to commencement of work governed by this Contract, the CONTRACTO 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. I I � 1,11 11101-1 1 1111MIM1 106 The COUNTY shall be named as an additional insured with respect to tiT4 CONTRACTOR's liabilities hereunder. 7.5.3 The CONTRACTOR shall provide to the COU NTT' certificates of insurance or copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. I IrAno " i! M. � ! .` �� �� ♦. � � � __ The CONTRACTOR shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in th provision or as otherwise provided by law. I 11.1.2 No; Third-Party Beneficiaries. Nothing contained herein shall create any relationship, contractual • otherwise, with or any rights in favor of, any third p a rty. i me WAI -- - ------------ 1460 1 H I (019TS 0 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). Violation ■ this section shall result in termination of this Contract and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities, MA �-- M"p-TERIMUTION 0-0 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. no monies owed, • otherwise recover, the full amount of such fee, commission, percentage, gift, or 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 • degree with its performance under this Contract, and that only interest • 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 provi�sions as set forth in Appendix 11 to Part 200, as amended, including but not limited to I I r I �� I pijilir��I� I I R • 11 I i I I '?I of, aii contracts Inal meel Tne Munition DT Teaeraily ass[SLeG conSLIOM1011 C01111 in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR •- -• • a ol 0101 cas imi Eel r. 1 Im watoll I I lZA Mao •rrm r, 1 M 11 illill III IMP imsoxem mam M-, 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 Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 11.3.4 MRCS Regulations. NRCS administers the EWP program through the following authorities: • Section 216, Public Law 81 -51 (33 U.S.C. Section 701 b) • Section 403 of Title IV of the Agricultural Credit Act of 1978, Public Law 95-334; and MMWSTAIKT-*� =11MITARM-11111=01"; I[M. MITAI • ili 11 lilly; .3 WE STI [Tel R FAM SO R* M ........... WWI NOWN 4-0-- 1 =-- M- Iml 1) a i m or, 1 Is SOg Lowrrg sm rat spinw I I m KRIOJ a mg I q lRop 0 1 lim"goi us rg I I Loy-Im aT I i In 11 Ig raws-Rol M4 11 1 1 Mol 0 a Lol i Article 22. Authority. Each party represents and warrants to the other that the axecution, delivery and performance of this Contract have been duly authorized by al'. necessary County and corporate action, as required by law. 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 counterparts, each of which shall be regarded as an original, all of which taken Logether shall constitute one and the same instrument and any of the parties hereto may execute this Contract by signing any such counterpart. = VOITUM-Me r. irk I ih M III IUSIMIGILIUN I Deputy Clerk David Rice, Mayor 4 �iol In By' Witness (Print Name� STATE OF I V M in On behalf of: Coffin Marine Services, Inc. The foregoing instrument was acknowledged and attested before m -�day of 2018, by w h o • ersonall) �known • e �rrproduced as ti 0, proof of ideQ�[Jca .0 d did take an oath. D E B 0 R A H S HE P PA R D a t�p of !F I dl�i-Noi ry Puri ic C M nr G 57999 'MY Cun SS ,)rTl'ssil ) r, Exp,, 0 ve M b e r e r 7 1, 2 0 2 C) Vi c &- / -r e-5 e'd- e PRODUCER GUNTAGT HOUSE NAME: Kelly White & Associates Insurance, LLC i p A HI , 904- 880 -8881 arc Na P.O. Box 350909 E -MAIL ADDRESS: kelly@kwhitei'nsurance.com INSURER IS) AFFORDING COVERAGE NAIL # Jacksonville FL 32235 INSURER A: RLI Insurance Co AM Best A+ XI INSURED INSURER 8 Travelers Property & Casualty Company Coffin Marine Services, Inc INSURERC: P O Box 430538 INSURER D : Amtrust North America INSURER E: Great American Insurance Group Big Pine Key FL 33043 _ INaM _F rnvGQ ®r:FC r FRTIFII`ATF MI IPARPR• COFF18062514522257 Pr- lllCIrSRI RII1MFt1=1P• 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 ADDLSUISR POLICY NUMBER POLICY EFF MMIDD /YYYY POLICY EXP MMIDDNYYY LIMITS X COMMERCIAL GENERAL. LIABILITY CLAIMS -MADE 7OCCUR EACH OCCURRENCE 5 1,000,000 RENTED PREMI ES 5 50,000 X MED EXP (Any are p erson) 5 5,000 Protection & Indemn /Jones Act X Salvors Liability aADV INJURY 5 1,000,000 A MRP0200000 09123/2017 09/2372018 GENT AGGREGATE LIMIT APPLIES PER PRO- LOC POLICY F JE:CT - PERSONAL GENERAL AGGREGATE 5 2,000,000 PRODUCTS - COMPIOPAGG 5 1,000,000 $ OTHER' AUTOMOBILE LIABILITY CEa ac OMB e INE:.D SINGLE LIMIT ident $ 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO B OWNER SCHEDULED AUTOS ONLY AUTOS BA4902R108 0811712017 4811712018 BODILY INJURY (Per accident) $ x PROPERTY DAMAGE Per accodeni $ HIRED] NON -OWNED AUTCS ONLY AUTOS ONLY Personal Injury s 10,000 UMBRELLA LIAB OCCUR EACH OCCURRENCE H CLAIMS-MADE . AGGREGATE $ EXCESS LAB .F:D RETENTIONS $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRiETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDF L_'." _I (Mandatory in NH) N to WWC3316881 12121''.,/2017 12121/2018 �,r X� SEATllTE <1 Qf3 H- Includes USL &H E EACH ACCIDENT $ . 1,000,000 F DISEASE - EA EMPLOYEE S 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L DISEASE - POLICY LIMIT $ 1,000,000 Per cc Schedule E Vessel Pollution OMH1440763 09123/2017 09/23/2018 DESCRIPTION OF OPERATIONS i LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Certificate holder is an additional insured as their interest may appear. Monroe County Board of County Commissioners 2798 Overseas Highway Marathon FL 33050 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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