Item K08C 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.8
Agenda Item Summary #4564
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
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 Coffin Marine Services, 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 Coffin Marine Services, 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 3:54 PM
Budget and Finance
Completed
Maria Slavik
Completed
Kathy Peters
Completed
Board of County Commissioners
Pending
07/30/2018 3:10 PM
07/30/2018 3:49 PM
Completed
07/30/2018 5:04 PM
07/31/2018 7:29 AM
07/31/2018 8:22 AM
08/15/2018 9:00 AM
Monroe County
Contract for Installation and Maintenance of Aids to Navigation
and Regulatory Markers in Monroe County
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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 for the COUNTY until the
CONTRACTOR'S duties hereunder have been fully satisfied.
5,
1.1 .5 tall 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/tier 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,
E "d 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 aspect
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.
1.1.7 The effective date of this Contract shall be the It day on which this Contract is
signed by both of the parties.
When a discrepant waterway marker (including, piling-based markers and/or buoy-
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2.1 Correction of Errors, Omissions, Deficiencies. The CONTRACTOR shall,
without additional compensation, promptly eerrors, omissions, deficiencies, or
correspondence conflicts in the work product of the CONTRACTOR.
2.2 4Aotice A"equirement. All written to the COINTY shall be dated
notice and signed by an authorized representative of the CONTRACTOR. Any
under or permitted
postage pre-paid, to the COUNTY ; by mail return to the
To the COUNTY: Monroe County Board of County Commissioners
Marine Resources Office
Attn Senior Administrator - Marine Resources
2790 Oversew Highway, Suite 410
Marathon, FL 03050
For the CONTRACTOR:
John Coffin
053
Big Pine Key, FL 33043
Furthermore, a Notice of Termination ram y be accomplished by e-mail, but shall be
immediately formalized in writing by the party seeking to terminate an seat to the other
party by certified mail, return receipt requested.
Article County's i iliti
3.1 The COUNTY shall provide full information regarding requirements for the
fulfillment of authorized Task is understanding that sued to the CONTRACTOR, with the
subject to
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4.1 All assignments of work shall be authorized in a signed Task Order in
accordance with the COUNTYS 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
insurance 5.6 The extent of liability is in no way limited to, reduced, or lessened by the
i
This indemnification shall survive the expiration or early termination of the
Contract.
3.2 For its assumption and performances of the duties, obligations, and
responsibilities set forth herein, the CONTRACTOR shall be paid in accordance with
assigned Tasks and completion of Tasks, based on submitted invoices, All invoices
must meet NRCS
standards requirements.
(A) If the CONTRACTOR's duties, obligations, and responsibilities are materially
changed by amendment to this Contract after execution of this Contract,
compensation e to i7 - shall be equitably adjusted, (h..
upward or downward;
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billing 6.4 The OR for a particular job shall be determined
and mutually agreed upon in writing, by and between the CONTRACTOR and the
authorization COUNTY, in a written Task Order prior to COUNTY I
CONTRACTOR
Payment . The lJ TY shall pay the CONTRACTOR in current funds for
the NT T 's performance of such work.
6.6 Local Government Prompt Payment Act. Payment will be made according
to the Local Government Prompt P ayment
satisfac form r_ County Clerk of Court. The request must describe in
de tail p ih 'm _f reques su p p orting
st ation. documentation, including copies of receipts from the transfer
6. 7 R e i m b ursa bl e E xpenses. E xpenses po re i m bursable by /from
t f go vernment
the interest of the work include the follow expenses:
(B) Cost of reproducing rasps or drawings or other materials used in performing the
scope of services.
(C) Postage and handling of reports,
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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 policie5
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resu 7.1.4 Delays in the commencement of work,
Contract, shall not extend deadlines specified in this Contract, and any penalties and
t failure to perform assessments shall be irnposed as if the work commenced on the
specified date and
7.1.6 The Monroe County Board of County Commissioners shall be named as
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7. 2.0 Gener l Liability Insuran
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CONTRACTO 7.2.2 The w ill no be p com g overned by F th is
(i Contract person
the insurance required by this Contract has been furnished to the COUNTY as specified"
herein, and where applicable the CONTRACTOR shall provi
approved subcontractors.
t Prior to the com mencement
shal CONTRACTOR obtain ma i n t a in rl Liability insurance. Cov erage
be continuously maintained and include, at a K
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(D) Personal Injury Liability
The minimum limits acceptable shall e
® $300,000 Combined Single Limit (CSQ
If split limits are provided, the minimum limits acceptable shall be:
(A) $200,000 per Person
(B) $300,000 per Occurrence
(C)$200,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims ode
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 months (f 2) 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.
0 Certificate of Insurance
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a A certified copy of the actual insurance policy.
CONTRACTOR The a be required to submit a Letter of Authorization issued by the
Department of Labor and a Certificate of Insurance, providing details or) 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.
7.3.0 Vehicle Liability Insurance Requirements
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as a minimum, liability coverage for:
Owned, Non-Owned, and Hired Vehicles
0 $300,000 Combined Single Limit (C L)
If split limits are provided, the minimum limits acceptable shall be
(A) $200,000 per Person
(B) $300,000 per Occurrence
(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
7.4.3 Coverage shall be maintained throughout the entire terra of the contract.
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 r
CONTRACTOR'S status. required submit Letter of
Authorization issued by the Department 5 of Insurance,
providing details ( Program.
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* Injury (including death) to any Person
* Damage to Fixed or Movable Objects
* Contractual Liability with Respect to this Contrac)
The minimum limits acceptable shall be:
Coverage provided by a Protection and Indemnity Club (P&I) shall be subject to the
approval 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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provision or as otherwise provided by law.
Article 1 1.1.0 Miscellaneous
representatives of such other party.
11.1.2 No Third-Party Beneficiaries. Nothing contained herein shall create any
relationship, contractual or otherwise, with or 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.
crime" and that it has riot been formally charged with committing an act defined
CONTRACTOR will promptly notify the COUNTY if it or any subcontractor
or subconsultant is formally charged with an act defined as a "public entity
crime" or has been placed on the convicted vendor list.
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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.
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).
M IWAN, Ifflommm"MOMM
Comp., p, 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and
Suspension." SAM Exclusions contains the names of parties debarred, suspended, or
otherwise excluded by agencies, as well as parties declared ineligible under statutory or
regulatory authority other than Executive Order 12549.
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 C01 1 4TRACTOR 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 22. Authority. Each party represents and warrants to the other that the
execution, delivery and performance of this Contract have been duly authorized by all
necessary County and corporate action, as required by l
Article 25. Section Headings. Section
matter
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
In Witness Whereof, the parties have executed this Contract indicated below,
BOARD t COUNTY COMMISSIONERS
KEVIN { ii ADO iK CLERK ( K `O COUNTY
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B y:
Witness (Print Name)
S TATE OF,,
C OU N TY F
h f �r it it tr stet I d d sad attested W r this day of
2018, by d -. '. __.. rh i personally known try m or
pry _ . __.. _ pr of id
a nd did take an oath.
N Public Seal
Print Name
ON Sri
S; P72&�S Apt &S, 2022
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PRODUCER 0;QruA1;6 HOUSE
NAME:
Kelly White & Associates Insurance, LL C AIL
PHONE 904-880-8881
M
P. Box 350909 RnAwasq, kelly@kwhileins
Jacksmiville FL 32235 INSURERA: RLI insurance Co AM Best A+ X1
INSURED INSURERS: Travelers Proper' ty & Casualty Company
Coffin Marine Services, in iNSUFIER C.
P 0 Box 430533 aNSURER 0: Arntrust North America
INSURER E : Great American I nsurance Group
Big Pine Key FL 33043 t sUCIRP90 K'
I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If morn space Is raquirard)
Certificate holder is an adftonal insured as their Interest may appear
Monroe County t oat, of County Cm-my
2798 Overseas Highway
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
V1K15-ZU15A(.;UKUt;LJKFUKAIKJN. All ngntsreserved,
ACORD 2 5 (2016103) The AC D name and logo are registered marks of ACORD