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Item K09C ounty of M onroe {f `° " 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 August 15, 2018 Agenda Item Number: K.9 Agenda Item Summary #4571 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 Key West Harbor 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 Key West Harbor 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 Key West Harbor Service, 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 4:56 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 4:17 PM Completed 07/30/2018 5:04 PM 07/31/2018 7:29 AM 07/31/2018 8:23 AM 08/15/2018 9:00 AM Monroe County and Regulatory Markers in Monroe County This Contract d Y into this day of , j the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS politic subdivision of the State of Florida, whose address is the Mara' Government Cent Overseas Highway, Ma€ Inc. ("CONTRACTOR"), whose address is P.O. Box 413, Key West, Florida, 33041. 1 1.1.1 The authorizations CONTRACTOR CONTRACTOR'S satisfied. contractor 1.1.6 At all times and for all purposes under this Contract the CONTRACTOR is an independent i 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 p 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 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 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 a professional and proper manner the Scope of Services described below. i 1"timitiva"El "'IR''Ogg-Mv 11tal The CONTRACTOR is required to have active licenses required to fulfill t requirements of each particular job. I omissions, 2.1 Correction of Errors, Omissions, Deficiencies. The CONTRACTOR shall, without additional compensation, promptly correct any errors, i'* conflicts in the work product of the CONTRACTOR. 2.2 Notice Requirement. All written correspondence to the COUNTY shall be M;,i writing and signed by an authorized representative of the CONTRACTOR. Any notice required or permitted under this Contract shall be in and hand delivered postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the f To the COUNTY: Monroe County Board of County Commissioners Marine sources Office Attn: Senior Administrator ® Marine Resources Overseas i h cite 410 Marathon, FIL 33050 Sean Morley Key West Harbor Services, Inc. 13 Key West, FIL 33041 Furthermore, a Notice of Termination may e 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 3.1 The COUNTY shall provide full information regarding requirements for the authorized fulfillment of * to the CONTRACTOR, with the understanding that the site conditions to which such information pertain or relate may be subject to change. 3.2 2«- OUNTY 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 « :A e 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 Paragaph . 3.5 The COUNTY's review of any documents prepared by the CONTRACTOR shall L« 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, »:2222 6ationf its work product. 11 1 r I 1� 1111 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, Ir ir� 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 NEW, Local . , Prompt P mss, Act. Payment made according to the Local Government Prompt Payment Act. Any request for payment Must be in a agencies, 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 of receipts from the transfer station. 6.7 Reimbursable Expenses. Expenses potentially reimbursable by/from non- incurred by the CONTRACTOR include the interest of the work CONTRACTOR (A) Reimbursable expenses including transportation (excluding airfare), lodging, meals and incidentals are included in hourly rates shown approved by the COUNTY and discretely " Cost o' ,_ services. scope of t II r 11 111 f 7.1.2 Failure to maintain coverage shall be considered to terminate this Contract. n'.3 The County, at its sole option, right insurance all i a 7.1.4 Delays in the commencement of work, resulting from the failure of the CONTRACTOR satisfactory . under Contract, shall not extend deadlines specified in this Contract, penalties d failure to perform assessments shall be imposed as if the work commenced on the specified date and time. ".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,, 7.1.6 The Monroe County Board of County Commissioners shall be named as Additional Insured on all of the Contractor's insurance policies issued to satisfy th Contract's requirements, except for Workers' Compensation. 1 All insurance it el r; non- renewal, material o btain , 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 expense e as specified in the attached schedules, which insurance are made part of this Contract. The CONTRACTOR shall require all subcontractors to obtain h 7.2.2 The CONTRACTOR permitted Contract (including p personnel and material) until satisfactory evidence of the insurance required by this Contract approved herein, and where applicable the CONTRACTOR shall provide proof of insurance for all subcontractors. Prior o! of work CONTRACTOR shall obtain and maintain General Liability insurance. Coverage shall be continuously maintained and include, at a minimum: (A) Premises Operations 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: The minimum limits acceptable shall be: EHVM�� MMM�� (A) $200,000 per Person (B) $300,000 per Occurrence ITT ZT 717' 1 4 Insured on all policies issued to satisfy the above requirements. 7.4.1 Prior to commencement of work governed by this contract, the CONTRACTOR shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. 1.4.2 In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with 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 7.4.4 Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. , I t 7.5 Jones Act Coverage. Recognizing that the work governed by this contract involves Maritime Operations, the CONTRACTOR's Workers' Compensation Insuran 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. 1 1 011 • Injury (including death) to any Person • Damage to Fixed or Movable Objects • Contractual Liability with Respect to this Contract 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. u9mmum"m The COAARACTOR shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in thl, provision or as otherwise provided by law, MI NOW , 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. 1® Termination. (A) In the event the CONTRACTOR shall be found to be negligent in any aspe' of the service or work, the COUNTY shall have the right to terminate the Contract after five (5) days' written notification to the CONTRACTOR. I 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. InIVIA MATRAIM3WRIALA I RM011MM"W"RIVall 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. further the purpose of this Contract; provided that all applications, requests, «r proposals, 2 nd funding solicitations shall be approved by each party prior to submission. I 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 #ut 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 °©? 60-1.4(b). §> y7 ■ *6?e«±Pia<d SCS § ?» » :+ »} /2 »«<S?< #G }±t?}2«f±VCdj2%If£ ?? »2�� � « ©» : ^^ 22#\/25(2 #( \» m m al, c «d *2 %Jr2 ■er »< # <» \ems a» « d - ..�a :dar: © « »dm»:6 wf © ®« —� \ i . � �x \ <rr :� % a??#:§ «rte w� :§« $ d # §d§6 6 t�s :° \ <# #� 21� y yew d( » °© »v/ y:� \y < ? \ \f ? ®i\§ ■� j� #( 2 2 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. H, wi* IN 0111"I'M 11.3.1 Americans with Disabilities Act of 1990 (ADA). The CONTRACTOR will comply with all the requirements as imposed by the ADA, t© regulations of the Federal government issued thereunder, av :«§ 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. WSW group of individuals, entity or entities, have entitlements or benefits under this Contract separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Contract. Agill �Ifff f z r } }} +Ir 16 ne cessary Cou nty a nd c I t " n r eq ui re d l � ��,, "1 �' � 17` T' fl 'Il �fl',I• } l l +� i A l i i' I f11 I M J L M A- M , I )IIM 1 U ki I 4 10 l L. Article 25. S ection Headings. S ect i on „n actin have b een i nserte d i n th n1 ;c m ol conven of reference only and it is agreed that such section 1 n are not a p of thi C ontract an w ill no b use i t he i nter p re t a ti on of an p of this Contract w n a Counterp ,�,4, i, �!, � ,, I Thi C may b ex ecu t e d in an numbe of counterparts, each of which shaU be regarded as an original, all of which taken l ite i '.il dAI � I�&W 1; r "� � Whi ll,� ll ti, r 7 � I'? ' =f V (. 1, i l f « "s dill «,r KEVIN MA CLERK ii, l By� STATE OF Print name and title: '.5Ci-AJ /v/ucLc,[-j COUNTY OF ��Lt C ument was acknowledged and attested before me this day of The foregoing ins� 2 0 18, b y who is personally known to me or ed as proof of identification MRIMOVERMAINT41W. R99 ,,I,Y K I FARINAS JEANETI M Y CON'IMISS,10N � GG219060 23, 2022 EXKRES� Ju Print Name INSURED INSUR 8 AMERICAN LONGSHORE MUTUAL. ASSOC., LTD KEY WES HARBOR SERVICE, INC. PROGRESSIVE INSURANCE COMPANY r D/B /A TOW BOAT US KEY WEST IN SURERC: INSURER D: P.O. BOX 413 KEY WEST, FL 33041 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 CONTRACTOR 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. LTR ' TYPE OF INSURANCE ISWR Wy'JO,, V _X POLICY' NUMBER _... L. L MMIDDFY YYY _. .,. LIMIT A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR Ma rine Form Xv I r OMH1854385 8 /24/2017 08/24/20'18 EACH OCCURRENCE $ 1,000,000 SAS Ea occu r ace $50 X00 MED EXP (Any one person) .. s 5,000 PERSONAL & ADV INJURY $1 GEN'L AGGREGATE LIMIT APPLIES PER: PRO- POLICY JECT � LOG OTHER GENERAL AGGREGATE s 2,000,000 PRODUCTS - COMPIOP AGG $1,00 000 � .. _..........._.._.__._...m.._._. AUTOMOBILE. LIABILITY X _....__ _ _........_.___..- .........._....._....__......._ _..._.._ -._ 083. 420 _ ....................._._.._.__ 2/20/201 _._.� _._....,....,.... 12/20/201 ( (P . " _ H .D S3N'GLE UMIT .. 00 ANY AUTO OWNED SCHEDULED AUTOS ONLY NAUTOSONLY AUTOS HIRED NOWOWNED AUTOS ONLY ® • .,, ,� ; BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPEPTY DAMAGE $ Per aeaident UNINSURED MO S 7 4/201$ EACH OCCURRENCE WORKERS COMPENSATION PER 0TH -' 13 X ALMA0192601 1/24/2018 01/24/201' _X STATUTE R _ AND EMPLOYERS` LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE[j E.L. EACH ACCIDENT $1 000�000� OFFICERIMEMBER EXCLUDED? N N/A (Mandatary in NH) E.L. DISEASE - EA EMPLOYEE x1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1, 000 000 A Marine Package X X O H1854385 8/24/2017 08/24/201 Hull 5316,000 P&I: $1,000,000 DESCRIPTION OF O PERATIONS r •, r:.. : r 1 0 1, Certificate Holder is included as an Additional Insured in regard to the installation, repair and r i rk iwr i r r y M ) �} -. x r. M . " M r i ^' s # r r w ) ► ;r # r ,� > ! " r r, r Coverages inclucle-Aull, ?­&I, TOWing, balvage,-Aw - 0- -7; Attach it .;e :r C ommission ers Sim onto n Key West�, FL A T HE E DATE THER ACC ORD A NCE WITH THE POLICY PROVISIO AUTHORIZED REPRESENTATIVE i i i GG 1988 -2015 ACORD CORPORATIC ACORD 25 (2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD Packet Pg. 1354 #S69 940/M69900 MTH MUT►T • SAGITTA 25.3 (2016/03) 2 of #S69940/M69900