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Item K10C 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.10 Agenda Item Summary #4582 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 Coral Construction Company 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 Coral Construction Company 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 Coral Construction Company 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 Peter Morris Completed Emily Schemper Completed Assistant County Administrator Christine Hurley 07/31/2018 2:16 PM Budget and Finance Completed Maria Slavik Completed Kathy Peters Completed Board of County Commissioners Pending 07/31/2018 1:52 PM 07/31/2018 1:59 PM Completed 07/31/2018 2:34 PM 07/31/2018 5:27 PM 07/31/2018 5:31 PM 08/15/2018 9:00 AM Monroe County Contract for Installation and Maintenance of Aids to Navigation and Regulatory Markers County l 1 a By executing this Contract, CONTRACTOR makes the following expre representations and warranties to the COUNTY: I 1.1.1 The CONTRACTOR shall maintain all necessary licenses, permits, or other authorizations necessary act as CONTRACTOR o the COUNTY until the satisfied. CONTRACTOR'S duties hereunder have been - fully 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 all purposes under this Contract the CONTRACTOR is n independent contractor and not an e his/her contained in this Contract shall be construed so as to find the CONTRACTOR or any of emplo -r , r .o servants, agents be of the COUNTY. As an independent CONTRACTOR the CONTRACTOR I professional provide independent, state, a i ordinances, rules and regulations applicable to the services to national be provided. 1.1.6 The CONTRACTOR shall not discriminate against any person on the basis of race, creed, color, which is not job related, employment other area affecting 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 professional and proper manner the Scope of Services described below. SCOPE OF SERVICES The CONTRACTOR shall do, perform and carry out in a professional and proper manner the project including certain duties as described below. "MEW] additional 2.1 Correction of Errors, Omissions, Deficiencies. The CONTRACTOR shall, CONTRACTOR. without conflicts in the work product of the signed 2.2 - Iltotice "kequirement. All written correspondence to the COUNTY shall be date*, and notice required permitted or under this Contract shall be in writing and hand delivered or mailed, following: postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the To the COUNTY: Monroe County Board of County Commissioners Marine aurae Office At n: Senior Administrator - Marine Resources 2798 Overseas Highway, Suits 410 Marathon, FL 33050 For the CONTRACTOR: Chelsea Lyons 1362 10 Street G u If Marathon, FL 33050 „ J formalized Furthermore, a Notice of Termination may be accomplished by e-rnail, but shall be immediately provide party by certified mail, return receipt requested. 3.1 The COUNTY shall f requirements for the fulfillment of authorized Task Order(s) issued to CONTRACTOR, understanding that the site conditions to which ,. subject to change. 3.2 The COUNTY shall designate a representative to act on its behalf with respect said issued Task Order(s), i 3.3 Approve a schedule for the completion of individual Task Order(s) mutually- the O ; I O CO 3.4 'il li - w , oti , sha be gi t COUNTY k 7`. i ts re to h -, CONTRACT become r i aware of fault work performed or non with II Contract It e shall b d eeme d t h ave b d uly served if sent pursuant to P aragr aph c onsistent 3.5 The COUNTY's review of any documents prepared by the CONTRACTOR shall be solely for the purpose of determining whether such documents are generally it th C cr r # if modified. of u " ! docum ents shall i' the CONTRAC o f respo nsibility for the adequacy, fitness, suitability, or coordination of its work product. Fir i � W 1, if � �If , 4.1 All assignments of work shall „ b e authorized in a signed T ask Or der I accordance h the COUNTY policy c of to or conducted by t CONTRACTOR. I 6� I 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 M" • 0 1P AI 5.6 The extent of liability is in no way limited to, reduced, or lessened by t insurance requ rements conta ne elsewhere n t s ontract. I 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 with assigned 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 6.3 It shall be the CONTRACTOR's responsibility to properly dispose of any markers and associated materials removed under a Task Order. 3.4 The billing rates of the CONTRACTOR for a particular job shall be determin 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. I 6.5 Payment Sum. The COUNTY shall pay the CONTRACT#R in current funds for the CONTRACTOR's performance of such work, request 6.6 Local Government Prompt Payment Act. Payment will be made according to the Local Government Prompt Payment Act. Any form satisfactory to the Monroe County Clerk of Court. The request detail the services performed, the payment amount requested, i supporting copies documentation, including !. the transfer station. 6.7 Reimbursable Expenses. potentially reimbursable non- County `+ including the interest of the work include the following expenses: (A) Reimbursable expenses (excluding lodging, incidentals are included CONTRACTOR the COUNTY and for each discretely (B) Cast of reproducing raps or drawings or ether materials used in performing the scope of services. request 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 + y of any or policies all insurance 4 7. 2 . 2 The CONTRACTOR ill e permit . governed . . . «commen «w. » »«rm� by this Conrad (including %« « a 2 ng ofpersonnel and mate u ?l s ? evidence of he the insurance required by this Contract has been furnished to the COUNTY as specified w«er . ? eNd ?2?d«» «, zvid r r� ««a. .dm § «%»m» � w��y ° ins for a approved subcontractors. <d y Prior to the commencement ,workg«ernedb this Cont »r ©»222±©«^« ...« ; © Gene insurance. Coverage . < §d�# »G2 and mx?m? «a aw,2 »y »»<2:«» , be conti ma »?¥ i nclude , d a m (A) Premises Op erations ?� (D) Personal Injury Liability The minimum limits acceptable shall be: If split limits are provided, the minimum limits acceptable shall be: M ; "I : - " The CONTRACTOR shall maintain the insurance required by this Contract throughout the entire term of the Contract and any extensions specified in the attached schedules. Failure to comply with these provisions may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either: A] 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, th -- ft participateis�� fund 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. 7.3,11 Recognizing that the work governed by this Contract requires the use of vehicles, the CONTRIACTOR, 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: 0 Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: (A) $200,000 per Person "B) $300,000 per Occurrence �Ma 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. 7.4.2 In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with limits of not less than 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. RMIP " 7.5.1 — Jones A c t C overa ge . involves Maritime Operations, ' Workers Insurance include Policy shall r , , # subject ! the Federal Jones Act (46 U.&C.A. subsection 688) with limits not less than $1 Million. V (including 0 Injury death) to any Person Damage to Fixed or Movable Objects Contractual Liability with Respect to this Contract provided Coverage (P&I) shall be subject to thR approval 7.5.3 The CONTRACTOR shall require its subcontractors to be adequately insur least _- } above, and to any increased limits of the CONTRAC R insurance so required by the COUNTY during the term of this Contract. The COUNTY will not pa for increased limits of T` , _" 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. i WAIDN M, !, ? IMIM The CONTRACTOR shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. 1`23422 � � � I I � 1111 1 11 Y f / ¥\ % / \ %\} I 'I', "1 11 , �I I MIMI" 112 2 ?> Third-Party Beneficiaries. No c d herein sha ° L§«s%? con tr otherwise 2«§?r any r i favor of a th 11.1.3 Ter | g . ()In 3: CONTRACTOR . c �. <� « m :� ..: aC T z sh © d » :negligent ° w � ©w e .. r .» CON r term x > ©�y ? « » ?r wo « COUNTY . < <av %» »t Con trac t aft f i v e (5) days' written noti ;, the CONTRACTO $« S22k »w -- <» %<?§>s?%dS<: CONTRACTOR rep that execution ot « y no violate : me Entity »�Crim 287.133 Flo S .42»»«2x. ,.§>%?� ae: « < « < : (S � ° S« no %»sue z w©:,111 termination >Z22:Cont Sta y 3<: Violation » »:_ sect ,w : °© a r eco v ery of a »,»«2 >w da and may resul ndeba »<2 #y zzU w . r a« : :/< com ocurem tactivi CONTRACTOR a � ,. . . , and cram- �« A222~ subcontractor - ©S c*?� 2» ,? Jc «z »ey :« A 2 6' formally charged y d>7e2?t¥0§2>27?» "publi entity «». +: «u ¥2C < =: v crime" or has been aced » is ¥ vendor \?£ w» +e §» c r :c : . .. . : person, further the purpose of this Contract; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to 11.1.8 No Sol !citation/Payment. The CONTRACTOR and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or other than a bona fide employee working solely for it, to solicit or secure this 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 CFRj Part 60, all contracts that meet the definition of "federally assisted construction contra-M in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 1 R 60-1.4(b). M WIM11111111M � \, � � y � , 4' � , .,1 � � � ,, part 1989 Comp., p. 235), "Debarment and suspend Suspension." SAM Exclusions contains the names of parties debarred, otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Or 11 1 1 11 1 11 '' I,i I 'o 11111111 7 . 4 , 9 m zfmrl 11 ne requIrErnemb 75 imp#Meu rij Me 75N, Me lsvdllun�-v lnt� I-PP government issued thereunder, 1, the assurance by the CONT RA CTOR deemed obea coven #r agreement «: any mem ?Gmzagentoemployee of Monroe Co « his *< he individ capacity and no me \ 2:r:/ employee »:d<r County ».E y:liable w . » . » Monroe ���� pe © e > . <, Contract � ? sub y wwa : .,a, :.t.. . >accountabili . >,?n of the » ecution of this Contract any pe l # S <:� 2� 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, 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 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 together shall constitute one and the same instrument and any of the parties hereto may execute this Contract by signing any such counterpart. In Witness Whereof, the parties have executed this Contract as indicated below. r'SEAL) X KEVIN MADOK, CLERK 1411 By: Witness (Signature) By. Witness Name) STATE OF COUNTY CAF M VL name and title.z M FN Ma . On behalf of: Coral Construction Company The foregoing instrument was acknowledged and attested 2018, by CtQ( a or produced and did take an oath. KIMBERLY S. &"ELAN My COMMISSION # GG 095855 EXPIRES-Aprfl 19, 2421 SOndec!Rhry Notary Public Underwritots It, (IuL Avl-- Print Name U 23 of 23 --7 day of *efore meAhLQ,�,�— E io iq-r- rsonally known as pi ication PRODUCER CONTACT HO Kelly White & Associates Insurance, LLC PHONE . 904- 880-8881 P.O. Box 350909 Alt.__ Ubn „r 4. I,Irbi�� Jacksonville FL 32235 CCa C P tg19 Specialty Ins Co INSURED INSURER B: MAPFRE Insurance Company of Florida Coral Construction Company INSURERC : Nautilus Insurance Company PO BOX 500582 INSURER D - Wesco Insurance Company - DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 141, Additional Remarks Schedule, may be attached if more space is required) Monroe county Board of County Commissioners cto Purch Dept 1100 Simonton Street Key West FL 33040 � } ,'I AU r HVKFZR!U REPRESENTATIVE ®1988 -2415 AC€7RD CORPORATION. All rights reserve The ACf.3RD name and logo are registered marks of AC RD Packet Pg. 1381 U 1 r1cm; s B, AUTO LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS NON-O HIRED AUTOS ONLY AUTOS ONLY AUTOS Y 5204070001917 01/1612018 01115/2019 COMBINED SINGLE LIMIT idea $ BODILY INJURY (Per person) —^,- -- $ 1,000,000 BODILY INJURY (Per accldent)_ $ 1,000,000 PRQPERTYQ AMAi^,E ar acci $ 1,000,000 $ - C D X UMBRELLA LIAR EXCESS LIAR pCCUR CLAIMS -WADE NIA AN044660 WWC3316817 1 0/3112017 12/1..2/2017 10/3112018 12112/201$ EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 DED I RETENTION _ WORKERS COMPENSATION EMPLOYERS' A ND PL49YER5' LIABILITY YIN NY PROPRIETORIPARTNERIEXECUTIVE C]FFICERAMEMBEREXCLUDED? (Mandatary In NH) if yes, d e9Cr l]e er OESCRIPTIQN QF OPERATIONS halo+ _ PER OTH- T a U5L 6008E 11 E.L. EACH ACCIDENT 1 1 000 ,000 L. D EISEASE - EA EMPLOYEE 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 141, Additional Remarks Schedule, may be attached if more space is required) Monroe county Board of County Commissioners cto Purch Dept 1100 Simonton Street Key West FL 33040 � } ,'I AU r HVKFZR!U REPRESENTATIVE ®1988 -2415 AC€7RD CORPORATION. All rights reserve The ACf.3RD name and logo are registered marks of AC RD Packet Pg. 1381