Item K07C ounty of M onroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
The FlOnda Key
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Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
August 15, 2018
Agenda Item Number: K.7
Agenda Item Summary #4563
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 American Underwater Contractors, Inc.
for Installation and Maintenance of Aids to Navigation and Regulatory Markers in Monroe County.
ITEM BACKGROUND: At its May 16, 2018, BOCC meeting the Board approved the selection of
five contractors for the `Installation and Maintenance of Aids to Navigation and Regulatory Markers
in Monroe County', including: American Underwater Contractors, Inc., Coffin Marine Services,
Inc., Coral Construction Company, Key West Harbor Services, Inc., and Underwater Engineering
Services, Inc. Subsequently, staff prepared contracts for these selected marine contractors.
The attached contract with American Underwater Contractors, Inc. provides for a three -year term,
with the option to renew for one additional two -year term. There is currently budgeted $60,000 in
State Boating Improvement Funds (BIF) for FY'2019 for waterway marker maintenance.
PREVIOUS RELEVANT BOCC ACTION:
May 2018- Approval of selection of five firms for `Installation and Maintenance of Aids to
Navigation and Regulatory Markers in Monroe County', including: American Underwater
Contractors, Inc., Coffin Marine Services, Inc., Coral Construction Company, Key West Harbor
Services, Inc., and Underwater Engineering Services, Inc.
CONTRACT /AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Contract with American Underwater Contractors, Inc.
FINANCIAL IMPACT:
Effective Date: August 15, 2018
Expiration Date: August 31, 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:
08/15/18 157 -62520 - BOATING IMPROVEMENT
Account 530340
$0.00
I W TA 1 IH W. -Is
Emily Schemper
Completed
Peter Morris
Completed
Assistant County Administrator Christine
Hurley
07/30/2018 3:46 PM
Budget and Finance
Completed
Maria Slavik
Completed
Kathy Peters
Completed
Board of County Commissioners
Pending
07/30/2018 3:07 PM
07/30/2018 3:20 PM
Completed
07/30/2018 5:05 PM
07/31/2018 7:30 AM
07/31/2018 8:21 AM
08/15/2018 9:00 AM
Monroe County
Contract for Installation and Maintenance of Aids to Navigatior
and Regulatory Markers in Monroe County
By executing this Contract, CONTRACTOR makes the following express
representations and warranties to the COUNTY:
1.1.1 The CONTRACTOR shall maintain all necessary licenses, permits, or other
authorizations necessary to act as CONTRACTOR forth COUNTY until the
CONTRACTOR'S duties hereunder have been fully satisfied.
1.1.3 The CONTRACTOR assumes full responsibility to the extent allo«..»:&« with
regards to his performance and those directly under his employ.
1.1.5 At all times and for all purposes under this Contract the CONTRACTOR 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 characteristic or aspe
which is not job related, in its recruiting, hiring, promoting, terminating, or any
other area affecting employment under this Contract or with the provision of
services or goods under this Contract. I
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.
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The CONTRACTOR shall do, perform and carry out in a professional and propm
manner the project including certain duties as described below. I
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The COATRACTOR is required to be familiar with, and shall be responsible for,
complying: with all federal, state, and local laws, ordinances, rules, and regulations that
in any manner affect the work and the marine environment. The CONTRACTOR agrees
to immediately abide by orders to stand down or stop work if advised to do so by any
county, state or federal agency. If required to stand down by any state or federal
agency, the CONTRACTOR shall immediately notify the COUNTY. It is the
CONTRACTOR's responsibility • ensure that he/she performs work on the correct
waterway markers.
2.1 Correction of Errors, Omissions, Deficiencies. The CONTRACTOR shall,
without additional compensation, promptly correct any errors, omissions, deficiencies, or
conflicts in the work product of the CONTRACTOR.
2.2 Notice Requirement. All written correspondence to the COUNTY shall be dated
and signed by an authorized representative of the CONTRACTOR. Any notice required
or permitted under this Contract shall be in writing and hand delivered or mailed,
postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the
following:
To, the COUNTY: Monroe County Board of County Commissioners
Marine Resources Office
Attn: Senior Administrator - Marine Resources
2798 Overseas Highway, Suite 41
Marathon, FL 33050
David Foster
American Underwater Contractors, Inc.
17536 SE ConeW B,9ravt.yuj
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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
'I by certified mail, return receipt requested.
understanding that the site conditions to which such information pertain or relate may b.-I
subject to change.
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t-,.3 Approve a schedule for the completion of individual Task Order(s) mutually-
iigreeable to both the CONTRACTOR and the COUNTY.
3.4 Prompt written notice shall be given by the COUNTY and its representative to the
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
served if sent pursuant to Paragraph 2.3.
3.5 The COUNTY's review of any documents prepared by the CONTRACTOR shaF'
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
documents shall relieve the CONTRACTOR of responsibility for the accuracy,
adequacy, fitness, suitability, • coordination • its work product.
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4 �.Il All assignments of work shall be authorized in a signed Task Order in
2cc•r• ance with the COUNTY'S policy prior to any work being conducted by the
CONTRACTOR.
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, suppoirting data, and other documents prepared • compiled under its
obligation for this project, and shall correct at Its expense all significant errors or
omissioins 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.
5.6 The extent of liability is in no way limited to, reduced, or lessened by the
insurance requirements contained elsewhere in this Contract.
5.7 This indemnification shall survive the expiration or early termination of the
Contract.
6.2 For its assumption and performances of the duties, obligations, and
responsibilities set forth herein, the CONTRACTOR shall be paid in accordance wi
assigned Tasks and completion of Tasks, based • submitted invoices. All invoice
must meet NRCS standards and requirements. I
(A) If the CONTRACTOR's duties, obligations, and responsibilities are materially
changed by amendment to this Contract after execution of this Contract,
compensation due to the CONTRACTOR shall be equitably adjusted, either
upward • downward;
6.3 It shall be the CONTRACTOR's responsibility to properly dispose of any markers
and associated materials removed under a Task Order.
6.4 The billing rates of the CONTRACTOR for a particular job shall be determined
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.
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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 accordin
to the Local Government Prompt Payment Act. Any request for payment must be in a
form satisfactory to the Monroe County Clerk • Court. The request must describe in
detail the services performed, the payment amount requested, and supporting
documentation, including copies • receipts from the transfer station.
6.7 Reimbursable Expenses. Expenses potentially reimbursable by/from non-
County federal and/or state government agencies, incurred by the CONTRACTOR in
the interest of the work include the following expenses:
(A) Reimbursable expenses including transportation (excluding airfare),
lodging, meal's and incidentals are included in hourly rates shown approved by
the COUNTY and CONTRACTOR for each discretely identified position.
(B) Cost of reproducing maps or drawings or other materials used in performing the
scope of services.
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7.1.1 The COATRACTOR shall obtain insurance as specified and maintain the
required 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
• terminate this Contract,
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7.1.3 The County, at its sole option, has the right to request a certified copy • any
all insurance policies required by this Contract. I
7.1.4 Delays in the commencement of work, resulting from the failure of the
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Contract, shall not extend deadlines specified in this Contract, and any penalties and
failure to perform assessments shall be imposed as if the work commenced on the
specified date and time.
7.1.5 The acceptance and/or approval of the CONTRACTOR'S insurance shall not b(.-
construed as relieving the CONTRACTOR from any liability or obligation assumed
under this contract or imposed by law.
7.1.6 The Monroe County Board of County Commissioners shall be named as
Additional Insured oin all of the Contractor's insurance policies issued to satisfy this
Contract's requirements, except for Workers' Compensation.
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
g.re made part of this Contract. The CONTRACTOR shall require all subcontractors to
#btain 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:
(A) Premises Operations
(B) Products and Completed Obligations
(C) Blanket Contractual Liability
(D) Personal Injury Liability
The minimum limits acceptable shall be:
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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
extend for a minimum • twelve months (12) following the acceptance of work by the
County.
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The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of t
required insurance, either: I
0 Certificate of Insurance
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0 A certified copy • the actual insurance policy.
The CONTRACTOR may be required to submit a Letter of Authorization issued by th-.
Department of Labor and a Certificate of Insurance, providing details on the
CONTRACTOR'S Excess insurance Program.
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as a minimum, liability coverage for:
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The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
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7.4.1 �"rior to commencement of work governed by this contract, the CORITRACTO
shall obtain Workers' Compensation Insurance with limits sufficient to respond to th
applicable state statutes. I
7.4.2 In addition, the CONTRACTOR shall obtain Employers' Liability Insurance wiffi
limits of not less than:
(A) $100,000 Bodily Injury by Accident
(B) $500,000 Bodily Injury by Disease, policy limits
(C)$100,000 Bodily Injury by Disease, each employee
(D) Employer's Liability- Statutory limits
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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.
7.5.1 Jones Act Coverage. 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 $1 Million.
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• Injury (including death) to any Person
• Damage to Fixed or Movable Objects
• Contractual Liability with Respect to this Contral
Coverage provided by a Protection and Indemnity Club (P&I) shall be subject to the
2pproval of the County.
7.5.3 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.
7.5.4 The CONTRACTOR shall provide to the COUNTY certificates of insurance or a
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.
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The CONTRACTOR is encouraged to consult with its advisors about Florida Public
Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the
terms and conditions of this contract, the CONTRACTOR is required to:
The CONTRACTOR shall not transfer custody, release, alter, destroy or
,#,therwise dispose of any public records unless or otherwise provided in this
provision or as otherwise provided by law.
legal representat�ives to the other and to the successors, assigns and legal
representatives of such other party.
11.1.2
• Third-Party Beneficiaries. Nothing contained herein shall create any
relationship, contractual or otherwise, with • any rights in favor of, any third
party.
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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 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
competitive procurement activities.
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CONTRACTOR will promptly notify the COUNTY if it or any subcontractorl
or subconsultant is formally charged with an act defined as a "public enti'
crime" or has been placed on the convicted vendor list. I
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, gra
piroposals, and funding solicitations shall be approved by each party prior to
submission.
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:
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�n 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41
CFR 60-1.4(b).
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guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986
Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarmenit and
Suspension." SAM Exclusions contains the names of parties debarred, suspended, or
otherwise excluded by agencies, as well as parties declared ineligible it statutory or
regulatory authority other than Executive; Order 12549.
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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.
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.
Article 16. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely
upon the terms, or any of them, of this Contract to enforce or attempt to enforce any
third-party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the CONTRACTOR and the COUNTY agree that neither the
CONTRACTOR nor the COUNTY or any agent, officer, or employee of either shall have
the authority to inform, counsel, or otherwise indicate that any particular individual or
group • individuals, entity or entities, have entitlements • •® under this Contract
separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Contract.
Article 21. Severability. If any term, covenant, condition • provision of this Contract
(or the application thereof to any circumstance or person) shall be declared invalid or
unenforceable • any extent • a court • competent Jurisdiction, the remaining terms,
covenants, conditions and provisions • this Contract, shall not be affected thereby; and
each remaining term, covenant, condition and provision • this Contract shall be valid
Article 22. Authority. Each party represents and warrants to the other that the
execution, delivery and performance of this Contract have a® duly authorized by all
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
• tWis Coiitriqct.
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
together shall constitute one and the same instrument and any of the parties hereto may
execute this Contract by signing any such counterpart.
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(SEAL) BOARD OF COUNTY COMMISSIONERS
KEVIN MADOK, CLERK MONROE COUNTY
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