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Item C17BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: 4115/09 DIVISION: COUNTY ADMINISTRATOR BULK ITEM: YES DEPARTMENT: AIRPORTS STAFF CONTACT PERSON: Peter Horton Phone: 809-5200 AGENDA ITEM WORDING: Approval of award of bid to Hi-Lite Markings, Inc., for Runway and Taxiway Pavement Marking at the Key West International Airport ,and approval of contract with Hi-Lite Markings, Inc. for Runway and Taxiway Pavement Marking at the Key West International Airport. ITEM BACKGROUND: This project will be funded 95% by the Federal Aviation Administration, and 5% by Passenger Facility Charge Revenue. PREVIOUS RELEVANT BOCC ACTION: Approval to submit PFC Application # 14 to the Federal Aviation Administration, 3/21 /07. CONTRACT/AGREEMENT CHANGES: New contract STAFF RECOMMENDATION: Approval TOTAL COST: $36,182.30 INDIRECT COST: none BUDGETED: Yes COST TO AIRPORT: None SOURCE OF FUNDS: FAA & PFC Revenue COST TO PFC: $1,809.11 COST TO COUNTY: None REVENUE PRODUCING: No AMOUNT PER MONTH /YEAR: APPROVED BY: County Attorney X OMB/Purchasing X Risk Management X DOCUMENTATION: Included X DISPOSITION: /bev AO 1109 Not Required AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Hi-Lite Markings, Inc. Effective Date: Execution Expiration Date: 30 days from NTP Contract Purpose/Description: Runway & Taxiway Pavement Marking at the Key West International Airport Contract Manager: Peter Horton # 5200 Airports - Stop # 5 (name) (Ext.) (Department/ Stop) for BOCC meeting on: 4/15/09 Agenda Deadline: 3/31/09 Total Dollar Value of Contract: $36,182.30 Budgeted? Yes Grant: Yes -FAA County Match: PFC Revenue Estimated Ongoing Costs: n/a (not included in dollar value above) CONTRACT COSTS Current Year Portion: $36,182.30 Account Codes: 404-630134-GAKA129 ADDITIONAL COSTS For: . (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date In Needed Yes No Airports Director /31 /per ( ) Risk Manag ment �P O.M BB./Purr a ing 01 County Attorney Comments: Reviewer Date Out �at -3 /-/ D1 rH r2n-4�s �L_/�/_ _(:!!� i agement / � f r OMB . e A. /LIP'tiC4d a � /A-9 /0 0 County Attorney MP11R � I r �'X� - - d s } t a ► g Y � d 4- d u F�1 C N d LLO d > t J 4; Lu Z W d W `� d N } H Z W zE� :D_-2 q� ul 0 0 � g10 z I-. M G9 a m n d I- Z In W � L IL .-. N uj W LL W 0 ui N 01 o ci (a Z m Go N Q W � � iI! V v LLV5R 72 zOf4 d o Z QdHW a mm c W a c at b 0 xLj u u Q Z Q m d 0 di d U q d u Q N � ZC q i O t 7 q - Z LLI 0 u fl vi M q V u Z .� i u C +- •• N he LU fl. 3 N L Z- >. s H M U) C 0-d .F C d s >- N u C ? d ►' L L CO $ o u LL 4- r a o a Ch J v t O a M d s 'v [n H vi m March 25, 2009 Mr. Peter Horton Airport Director Key West International Airport 3491 South Roosevelt Blvd. Key West, Florida 33040 Phone (305) 296-7223 Fax (305) 292-3578 Reference: Runway and Taxiway Pavement Marking Key West International Airport Recommendation to Award ACP No. 3-12-0037-035-2008 Dear Mr. Horton, The bids provided to URS Corporation for the referenced project have been reviewed and tabulated (See attachment.) Based on the bid proposals, URS recommends the low bidder Hi-Lite Marking, Inc. in the amount of $ 36,182.30. Subject to the County's concurrence in the recommendation to award, it is recommended that Hi-Lite Marking, Inc. be awarded the Runway and Taxiway Pavement Marking project. See attachments. Sincerely, 0e' Andres - ez, P.E. Project Miptager xc: Mil Reisert, P.E. URS Corporation Project File URS Corporation 7650 Corporate Center Drive, Sulte 400 Mlaml, FL 33128.1220 Tel: 305.262.7466 Fax: 305.261.4017 F:lkeywegNarking project (9-30-08)\Final - January 20091Documcntslrcoomtoaward(03-24-09).doc ? � 0 2 � 2 k CR Wk i w _ M, _ _ _ \ LU § § q lz & 0 \ a C2 In k k § ■� z/ Iq wz� 4 K § � - - - i � Q \ 2 $ a $ � o b z _ _ _ _ o LU © 2 _ � § z § k ( � B LU � � � k $LU � # e s # ez rW G C 2 &k �I - - � § a ) 9 LU z § § V K � > - - - - - § § ° 40 § LU In c a. :3 § z _ _ _ ) a CD k C2o k § R o ? u § eq w / to 2 LU a $ E- « - - �� N - - - _ a - § § § P ■ E $ LU z & ƒ I- L 7\2$2\a �—� ----- B � ,fn �-- 22\2.2� ,02 °2 § § § � ) § 2 ® a L a & _ n �lj SECTION D CONTRACT TO Runway and Taxiway Pavement Marking Key West International Airport THIS AGREEMENT made and entered into the day of by and between Hi-Lite Markings, Inc. and the Monroe County Board of Commissioners, Key West, WITNESSETH: Contractor, Florida, Owner. That the Contractor, for the consideration hereinafter fully set out hereby agrees with the Owner as follows: 1. That the Contractor, shall furnish all the materials, and perform all of the work in the manner and form as provided by the following enumerated Instruction to j Bidders, Form of Proposal, General Provisions, Special Provisions, Technical Specifications, Form of Contract, Form of Bond, Drawings and Addenda, which are attached hereto and made a part hereof, as if fully contained herein, for the construction of: Runway and Taxiway Pavement Marking Key West International Airport Monroe County, Florida 2. That the Contractor shall commence the work to be performed under this agreement on a date to be specified in a written order of the Owner and shall fully complete all work hereunder within thirty 30 calendar days from the Notice - to -Proceed (Construction) as per Special Provision No. 2. 3. The Owner hereby agrees to pay to the Contractor for the faithful performance of the agreement, subject to additions and deductions as provided in the specifications or proposal in lawful money of the United States as follows: Approximately Thirty-six thousand one hundred eighty-two & 30/100 Dollars ($ 36,182.30 ) in accordance with lump sum and unit prices set forth in the proposal. 4. On or before the 15th day of each calendar month, the second party shall make partial payment to the Contractor on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the Contractor, less ten percent (10%) of the amount of such estimate which is to be M retained by the Owner until all work has been performed strictly in accordance with this agreement_ 5. Upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills and other costs incurred by the Contractor in connection with the construction of the work have been paid in full, final payment on account of this agreement shall be made within twenty (20) days after the completion by the Contractor of all work covered by this agreement and the acceptance of such work by the Owner. 6. It is mutually agreed between the parties hereto that time is of the essence in this contract and in the event the construction of the work is not completed within the time herein specified, it is agreed that from the compensation otherwise to be paid to the Contractor, the Owner may retain the amounts described in the Liquidated Damages, Special Provision No. 3, per day for each day thereafter, Sundays and holidays included, that the work remains uncompleted, which sum shall represent the actual damages which the Owner will have sustained per day by failure of the Contractor to complete the work within the time stipulated and this sum is not a penalty being the stipulated damages the Owner will have sustained in the event of such default by the Contractor. It is further mutually agreed between the parties hereto that if at any time after the execution of this agreement and the surety bond hereto attached for its faithful performance, the Owner shall deem the surety or sureties upon such bond to be unsatisfactory, or if, for any reason, such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at its expense within five (5) days after the receipt of notice from the Owner so to do, furnish an additional bond or bonds in such form and amount and with such surety or sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Owner. 8. MAINTENANCE OF RECORDS: Contractor shall maintain all books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principals consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55,03, Florida Statutes, running from the date the monies were paid to Contractor. 11-7 I 9. The COUNTY and CONTRACTOR shall allow and permit reasonable access to, I and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in ' conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. I 10. HOLD HARMLESS AND INSURANCE: CONTRACTOR covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners I from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in I connection with, or by reason of services provided by CONTRACTOR occasioned by the negligence, errors, or other wrongful act of omission of CONTRACTOR, its employees, or agents. ' In the event the completion of the project (including the work of others) 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 an all ' increased expenses resulting from such delay. The first ten ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the COUNTY at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the COUNTY before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY, its officials, employees, agents and volunteers. Failure of CONTRACTOR to comply with the requirements of this section shall be cause for immediate termination of this agreement. 11. NON -WAIVER OF IMMUNITY: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of COUNTY and CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. 12. NO PLEDGE OF CREDIT: CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 13. NOTICE _REQUIREMENT: Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY (FILL IN) Key West, Florida 33041 FOR CONTRACTOR: 18249 Hi-Lite Drive P n Rnx 460 Adams 6emter, NY 13686 14. GOVERNING LAW, VENUE, INTERPRETATION: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe COUNTY, Florida. 15. MEDIATION: The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 16. SEVERABILITY: If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the HE accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 17. ATTORNEY'S FEES AND COSTS: COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and attorney's fees, in appellate proceedings. Each parry agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all levels of the court system. 18. ADJUDICATION OF DISPUTES OR DISAGREEMENTS: COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of COUNTY and CONTRACTOR. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of COUNTY and CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 19. COOPERATION: In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 20. BINDING EFFECT: The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. 21. AUTHORITY: Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 22. PRIVILEGES AND IMMUNITIES: All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and II-10 extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 23. LEGAL OBLIGATIONS AND RESPONSIBILITIES: This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 24. NON -RELIANCE BY NON-PARTIES: No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 25. 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 Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 26. EXECUTION IN COUNTERPARTS: This Agreement 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 COUNTY and CONTRACTOR hereto may execute this Agreement by singing any such counterpart. IN WITNESS WHEREOF the parties hereto have executed this agreement on the day and date first above written in two (2) counterparts, each of which shall, without proof or accounting for the other counterpart, be deemed an original contract. Hi-Lite Markings, Inc. ontractor) By: G4i- chard C. McNee y Title: Vice Presid .n /G _n _ral Manager �� tiC WITNESS: STATE OF XNAM NEW YORK COUNTY OF JEFFERSON (Monroe County Board of Commissioners) By: Title: WITNESS: I, the undersigned authority, a Notary Public in and for said County and State hereby certify that Richard C. McNeely III whose name as Vice President/GM of _ Is signed to the foregoing instrument and who is known to me, acknowledged before me on this day that being informed of the contents of the within instrument, he, in his capacity as such, executed the same voluntarily on the date the same bears date. Given under my hand and seal this 24th day of March 20 09 Public DFJdPUS M. HAMER SR. Notar y Nolery pubAc, Sfote of New York FogW ation No. 01 HA506110U Queiifw in Jefferson County Commission Ex4iros Jun 30.2k2LO * Who is authorized by the corporation to execute this contract. �1�,��'" II-12