10/17/2014 AgreementAMY NEAVILIN, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
MONROE COUNTY, FLORIDA
DATE: November S, 2014
TO: Peter Horton,
Director of Airports
ATTN: Judy Layne, Senior Coordinator
Airport Grants and Finance
FROM: Lindsey Ballard, D. CO'
At the October 17, 2014, Board of County Commissioner's meeting the Board granted approval
and authorized execution of Item C39 Award Bid and Approval of a Contract by and between Douglas
N. Higgins, Inc., hereafter "Contractor ", and the Monroe County Board of Commissioners, Key West,
Florida, hereafter "Owner ", Improve Runway 27 Safety Area- Install Engineered Materials Arresting
System (EMAS).
Enclosed is a duplicate original executed on behalf of Monroe County, for your handling. Should you
have any questions, please feel free to contact me.
cc: County Attorney
Finance
File,/
SCANNED 500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305 - 295 -3130 Fax: 305 - 295 -3663
46 3117 Overseas Highway, Marathon, FL 33050 Phone: 305- 289 -6027 Fax: 305 -289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305- 852 -7146
MM
JACOBS �N!
245 Riverside Avenue
Suite 300
Jacksonville, Florida 32202
1.904.636.5432 Fax 1.904.636.5433
Peter Horton May 27, 2014
Airport Director
Monroe County Airports
Key West International Airport
3491 South Roosevelt Blvd.
Key West, FL 33040
Re: Key West International Airport
Improve Runway 27 Safety Area — Install Engineered Materials Arresting System (EMAS)
GAKA157
Dear Peter,
A public bid opening was held on May 22, 2014 for the above subject project. The project consisted of
only a Base Bid. From the submitted proposals Jacobs has compiled the unit prices and bid amounts in
the attached Bid Tabulation Matrix. In reviewing the bid tabulation, we did find a typographical error in
the received bids as noted on the bid tabulation. The error was limited to Charley Toppino & Sons, Inc.
and did not affect the bid prices or results. After our review it is our opinion that the unit prices appear to
be fair and reasonable.
From the values represented in the attached bid tabulation the following is a summary of the bid results.
Proposer
Bid Amount
Douglas N. Higgins, Inc.
$1,082,170.00
Charley Toppino & Sons, Inc.
$1,311,555.25*
*Bid form contained typographical error
Based on our review of the bid prices and contingent upon Monroe County's legal review of the
proposer's bid documents and funding availability, Jacobs recommends award to Douglas N. Higgins,
Inc. If you have any questions or require any additional information, please do not hesitate to contact us.
Sincerely,
Thomas Schilling, P.E.
Project Engineer
Encl: Monroe County Purchasing Office Bid Tabulation.
Jacobs Bid Tabulation Matrix
cc: Ryan Forney /Jacobs
Chris Bowker /Jacobs
Jacobs Engineering Group Inc.
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CONTRACT
Jacobs
Key West International Airport 04/14
Monroe County
Improve Runway 27 Safety Area - Install EMAS
INTENTIONALLY LEFT BLANK
CONTRACT II -2
Jacobs Key West International Airport 04/14
Monroe County
Improve Runway 27 Safety Area - Install EMAS
DIVISION II
CONTRACT
SECTION A - PUBLIC CONSTRUCTION BOND ............................................. ...........................II -5
SECTION B - CERTIFICATE OF OWNER'S ATTORNEY (N /A) .................... ..........................II -15
SECTION C - ACKNOWLEDGMENT FOR CHANGE ORDERS ..................... ..........................II -16
SECTION D - CONTRACT ............................................................. ..........................II -17
CONTRACT 11-3
Jacobs Key West International Airport 04/14
Monroe County
Improve Runway 27 Safety Area - Install EMAS
INTENTIONALLY LEFT BLANK
CONTRACT II -4
Jacobs Key West International Airport 04/14
Monroe County
Improve Runway 27 Safety Area - Install EMAS
SECTION A BOND NO. 35BCSGQ6945
PUBLIC CONSTRUCTION BOND
By this Bond, We Douglas N. Higgins, Inc. , as Principal, whose
principal business address is 5707College Road, Key West, Fl. 33040, as corporation,
Hartford Accident and Indemnity Company as Surety, are bound to Monroe County
hereinafter called County, in the sum of U.S. Dollars $ 1,082,170.00 (Minimum 100%
of total bid amount) for payment which we bind ourselves, our heirs, personal representatives,
successors, and assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the contract dated, 2014 between Principal and County for construction
of Improve Runway 27 Safety Area — Install EMAS the Contract being made a part of
this Bond by reference, at the times and in the manner prescribed in the Contract.
2. Promptly make payments to all claimants, as defined in Section 255.05 (1), Florida
Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly
by Principal in the prosecution of the work provided for in the Contract, which is made a
part of this bond by reference, and in the times and in the manner prescribed in the
Contract; and
3. Pays the County all losses, damages, expenses, costs and attorney's fees,
including appellate proceedings, that County sustains because of a failure by Principal
under the Contract; and
4. Performs the guarantee of all work and materials furnished under the Contract for
the time specified in the Contract, then this Bond is void; otherwise it remains in full
force.
This bond is subject to the provisions of Section 255.05, Florida Statues. Any changes
in or under the Contract Documents and compliance or non - compliance with any
formalities connected with the Contract or the changes does not affect Surety's
obligation under this Bond.
Bond of contractor constructing public buildings; form; action by material men
(Florida Statues - Section 255.05)
(1)(a) Any person entering into a formal contract with the state or any county, city, or
political subdivision thereof, or other public authority or private entity, for the
construction of a public building, for the prosecution and completion of a public work, or
for repairs upon a public building or public work shall be required, before commencing
CONTRACT II -5
Jacobs Key West International Airport 04/14
Monroe County
Improve Runway 27 Safety Area - Install EMAS
the work or before recommencing the work after a default or abandonment, to execute,
deliver to the public owner, and record in the public records of the county where the
improvement is located, a payment and performance bond with a surety insurer
authorized to do business in this state as surety. A public entity may not require a
contractor to secure a surety bond under this section from a specific agent or bonding
company. The bond must state on its front page: the name, principal business address, and
phone number of the contractor, the surety, the owner of the property being
improved, and, if different from the owner, the contracting public entity; the contract
number assigned by the contracting public entity; and a description of the project
sufficient to identify it, such as a legal description or the street address of the property being
improved, and a general description of the improvement. Such bond shall be conditioned
upon the contractor's performance of the construction work in the time and manner prescribed
in the contract and promptly making payments to all persons defined in s. 713.01 who furnish
labor, services, or materials for the prosecution of the work provided for in the contract. Any
claimant may apply to the governmental entity having charge of the work for copies of the
contract and bond and shall thereupon be furnished with a certified copy of the contract and
bond. The claimant shall have a right of action against the contractor and surety for the
amount due him or her, including unpaid finance charges due under the claimant's
contract. Such action shall not involve the public authority in any expense. At the discretion
of the official or board awarding such contract when such work is done for any county,
city, political subdivision, or public authority, any person entering into such a contract which
is for $200,000 or less may be exempted from executing the payment and performance
bond. In the event such exemption is granted, the officer or officials shall not be personally
liable to persons suffering loss because of granting such exemption. Any provision in a
payment bond furnished for public work contracts as provided by this subsection which
restricts the classes of persons as defined in s. 713.01 protected by the bond or the venue of
any proceeding relating to such bond is unenforceable.
(b) The Department of Management Services shall adopt rules with respect to all
contracts for $200,000 or less, to provide:
1. Procedures for retaining up to 10 percent of each request for payment submitted by a
contractor and procedures for determining disbursements from the amount retained on a pro
rata basis to laborers, material men, and subcontractors, as defined in s. 713.01.
2. Procedures for requiring certification from laborers, material men, and subcontractors, as
defined in s. 713.01, prior to final payment to the contractor that such laborers, material men,
and subcontractors have no claims against the contractor resulting from the completion of
the work provided for in the contract.
The state shall not be held liable to any laborer, material man, or subcontractor for any
amounts greater than the pro rata share as determined under this section.
(c)1. The amount of the bond shall equal the contract price, except that for a contract in
excess of $250 million, if the state, county, municipality, political subdivision, or other
public entity finds that a bond in the amount of the contract price is not reasonably available,
the public owner shall set the amount of the bond at the largest amount reasonably
available, but not less than $250 million.
CONTRACT 11 -6
Jacobs Key West International Airport 04/14
Monroe County
Improve Runway 27 Safety Area - Install EMAS
2. For construction - management or design -build contracts, if the public owner does not
include in the bond amount the cost of design or other non - construction services, the
bond may not be conditioned on performance of such services or payment to persons
furnishing such services. Notwithstanding paragraph (a), such a bond may exclude
persons furnishing such services from the classes of persons protected by the bond.
(2)(a)1 . If a claimant is no longer furnishing labor, services, or materials on a project, a
contractor or the contractor's agent or attorney may elect to shorten the prescribed time
in this paragraph within which an action to enforce any claim against a payment bond
provided pursuant to this section may be commenced by recording in the clerk's office a
notice in substantially the following form:
NOTICE OF CONTEST OF CLAIM
AGAINST PAYMENT BOND
To: (Name and address of claimant)
You are notified that the undersigned contests your notice of nonpayment, dated
enforce your claim
DATED on
and served on the undersigned on
and that the time within which you may file suit to
is limited to 60 days after the date of service of this notice.
Signed: (Contractor or Attorney)
The claim of any claimant upon whom such notice is served and who fails to institute a suit to
enforce his or her claim against the payment bond within 60 days after service of such notice
shall be extinguished automatically. The clerk shall mail a copy of the notice of contest to the
claimant at the address shown in the notice of nonpayment or most
CONTRACT II -7
Jacobs Key West International Airport 04/14
Monroe County
Improve Runway 27 Safety Area - Install EMAS
recent amendment thereto and shall certify to such service on the face of such notice
and record the notice. Service is complete upon mailing.
2. A claimant, except a laborer, who is not in privity with the contractor shall, before
commencing or not later than 45 days after commencing to furnish labor, services, or
materials for the prosecution of the work, furnish the contractor with a written notice that
he or she intends to look to the bond for protection. A claimant who is not in privity with
the contractor and who has not received payment for his or her labor, services, or
materials shall deliver to the contractor and to the surety written notice of the
performance of the labor or delivery of the materials or supplies and of the nonpayment.
The notice of nonpayment may be served at any time during the progress of the work or
thereafter but not before 45 days after the first furnishing of labor, services, or materials,
and not later than 90 days after the final furnishing of the labor, services, or materials by
the claimant or, with respect to rental equipment, not later than 90 days after the date
that the rental equipment was last on the job site available for use. Any notice of
nonpayment served by a claimant who is not in privity with the contractor which includes
sums for retainage must specify the portion of the amount claimed for retainage. No
action for the labor, materials, or supplies may be instituted against the contractor or the
surety unless both notices have been given. Notices required or permitted under this
section may be served in accordance with s. 713.18. A claimant may not waive in
advance his or her right to bring an action under the bond against the surety. In any
action brought to enforce a claim against a payment bond under this section, the
prevailing party is entitled to recover a reasonable fee for the services of his or her
attorney for trial and appeal or for arbitration, in an amount to be determined by the
court, which fee must be taxed as part of the prevailing party's costs, as allowed in
equitable actions. The time periods for service of a notice of nonpayment or for bringing
an action against a contractor or a surety shall be measured from the last day of
furnishing labor, services, or materials by the claimant and shall not be measured by
other standards, such as the issuance of a certificate of occupancy or the issuance of a
certificate of substantial completion.
(b) When a person is required to execute a waiver of his or her right to make a claim
against the payment bond in exchange for, or to induce payment of, a progress
payment, the waiver may be in substantially the following form:
WAIVER OF RIGHT TO CLAIM
AGAINST THE PAYMENT BOND
(PROGRESS PAYMENT)
The undersigned, in consideration of the sum of $ , hereby waives its right to claim
against the payment bond for labor, services, or materials furnished through insert
CONTRACT 11 -8
Jacobs Key West International Airport 04/14
Monroe County
Improve Runway 27 Safety Area - Install EMAS
date to (insert the name of your customer) on the job of (insert the name of the owner)
for improvements to the following described project:
(description of project)
This waiver does not cover any retention or any labor, services, or materials furnished after
the date specified.
DATED ON
Claimant
(c) When a person is required to execute a waiver of his or her right to make a claim
against the payment bond, in exchange for, or to induce payment of, the final payment,
the waiver may be in substantially the following form:
WAIVER OF RIGHT TO CLAIM
AGAINST THE PAYMENT BOND (FINAL PAYMENT)
The undersigned, in consideration of the final payment in the amount of $ _ hereby
waives its right to claim against the payment bond for labor, services, or materials
furnished to (insert the name of your customer) on the job of (insert the name of the owner),
for improvements to the following described project:
0
(description of project)
DATED ON
Claimant
am
(d) A person may not require a claimant to furnish a waiver that is different from the
forms in paragraphs (b) and (c).
(e) A claimant who executes a waiver in exchange for a check may condition the waiver
on payment of the check.
CONTRACT II -9
Jacobs Key West International Airport 04/14
Monroe County
Improve Runway 27 Safety Area - Install EMAS
(f) A waiver that is not substantially similar to the forms in this subsection is enforceable in
accordance with its terms.
(3) The bond required in subsection (1) may be in substantially the following form: PUBLIC
CONSTRUCTION BOND
Bond No. (enter bond number)
BY THIS BOND, We , as Principal and a corporation, as Surety, are
bound to , herein called Owner, in the sum of $ , for payment of which we
bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the contract dated , , between Principal and Owner for
construction of , the contract being made a part of this bond by reference, at the
times and in the manner prescribed in the contract; and
2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the
prosecution of the work provided for in the contract; and
3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate
proceedings, that Owner sustains because of a default by Principal under the contract; and
4. Performs the guarantee of all work and materials furnished under the contract for the time
specified in the contract, then this bond is void; otherwise it remains in full force.
Any action instituted by a claimant under this bond for payment must be in accordance with the
notice and time limitation provisions in Section 255.05(2), Florida Statutes.
Any changes in or under the contract documents and compliance or noncompliance with any
formalities connected with the contract or the changes does not affect Surety's obligation under
this bond.
DATED ON
(Name of Principal)
By (As Attorney in Fact)
(Name of Surety)
(4) The payment bond provisions of all bonds required by subsection (1) shall be
construed and deemed statutory payment bonds furnished pursuant to this section and such
bonds shall not under any circumstances be converted into common law bonds.
CONTRACT I1 -10
Jacobs Key West International Airport 04/14
Monroe County
Improve Runway 27 Safety Area - Install EMAS
(5) In addition to the provisions of chapter 47, any action authorized under this section may
be brought in the county in which the public building or public work is being
constructed or repaired. This subsection shall not apply to an action instituted prior to May
17, 1977.
(6) All payment bond forms used by a public owner and all payment bonds executed
pursuant to this section by a surety shall make reference to this section by number and shall
contain reference to the notice and time limitation provisions in subsection (2).
(7) In lieu of the bond required by this section, a contractor may file with the state,
county, city, or other political authority an alternative form of security in the form of cash, a
money order, a certified check, a cashier's check, an irrevocable letter of credit, or a security
of a type listed in part II of chapter 625. Any such alternative form of security shall be for
the same purpose and be subject to the same conditions as those applicable to the
bond required by this section. The determination of the value of an alternative form of security
shall be made by the appropriate state, county, city, or other political subdivision.
(8) When a contractor has furnished a payment bond pursuant to this section, he or she may,
when the state, county, municipality, political subdivision, or other public authority makes any
payment to the contractor or directly to a claimant, serve a written demand on any claimant
who is not in privity with the contractor for a written statement under oath of his or her
account showing the nature of the labor or services performed and to be performed, if any;
the materials furnished; the materials to be furnished, if known; the amount paid on account
to date; the amount due; and the amount to become due, if known, as of the date of the
statement by the claimant. Any such demand to a claimant who is not in privity with the
contractor must be served on the claimant at the address and to the attention of any
person who is designated to receive the demand in the notice to contractor served by
the claimant. The failure or refusal to furnish the statement does not deprive the
claimant of his or her rights under the bond if the demand is not served at the address of
the claimant or directed to the attention of the person designated to receive the demand in
the notice to contractor. The failure to furnish the statement within 30 days after the
demand, or the furnishing of a false or fraudulent statement, deprives the claimant who fails to
furnish the statement, or who furnishes the false or fraudulent statement, of his or her rights
under the bond. If the contractor serves more than one demand for statement of account
on a claimant and none of the information regarding the account has changed since the
claimant's last response to a demand, the failure or refusal to furnish such statement does not
deprive the claimant of his or her rights under the bond. The negligent inclusion or omission
of any information deprives the claimant of his or her rights under the bond to the extent
that the contractor can demonstrate prejudice from such act or omission by the
claimant. The failure to furnish a response to a demand for statement of account does not
affect the validity of any claim on the bond being enforced in a lawsuit filed before the date
the demand for statement of account is received by the claimant.
(9) On any public works project for which the public authority requires a performance and
payment bond, suits at law and in equity may be brought and maintained by and
CONTRACT U -I1
Jacobs Key West International Airport 04/14
Monroe County
Improve Runway 27 Safety Area - Install EMAS
against the public authority on any contract claim arising from breach of an express provision or
an implied covenant of a written agreement or a written directive issued by the public authority
pursuant to the written agreement. In any such suit, the public authority and the contractor
shall have all of the same rights and obligations as a private person under a like contract
except that no liability may be based on an oral modification of either the written contract
or written directive. Nothing herein shall be construed to waive the sovereign immunity of the state
and its political subdivisions from equitable claims and equitable remedies. The provisions of
this subsection shall apply only to contracts entered into on or after July 1, 1999.
(10) An action, except an action for recovery of retainage, must be instituted against the
contractor or the surety on the payment bond or the payment provisions of a combined payment
and performance bond within 1 year after the performance of the labor or completion of delivery of
the materials or supplies. An action for recovery of retainage must be instituted against the
contractor or the surety within 1 year after the performance of the labor or completion of
delivery of the materials or supplies; however, such an action may not be instituted until one of the
following conditions is satisfied:
(a) The public entity has paid out the claimant's retainage to the contractor, and the time provided
under s. 218.735 or s. 255.073(3) for payment of that retainage to the claimant has expired;
(b) The claimant has completed all work required under its contract and 70 days have passed
since the contractor sent its final payment request to the public entity; or
(c) At least 160 days have passed since reaching substantial completion of the
construction services purchased, as defined in the contract, or if not defined in the contract,
since reaching beneficial occupancy or use of the project.
(d) The claimant has asked the contractor, in writing, for any of the following information and the
contractor has failed to respond to the claimant's request, in writing, within 10 days after receipt of
the request:
1. Whether the project has reached substantial completion, as that term is defined in the contract,
or if not defined in the contract, if beneficial occupancy or use of the project has occurred.
2. Whether the contractor has received payment of the claimant's retainage, and if so, the date
the retainage was received by the contractor.
3. Whether the contractor has sent its final payment request to the public entity, and if so, the
date on which the final payment request was sent.
If none of the conditions described in paragraph (a), paragraph (b), paragraph (c), or paragraph
(d) is satisfied and an action for recovery of retainage cannot be instituted within the 1 -year
limitation period set forth in this subsection, this limitation period shall be extended until 120
days after one of these conditions is satisfied.
CONTRACT 11-12
Jacobs Key West International Airport 04/14
Monroe County
Improve Runway 27 Safety Area - Install EMAS
Principal agrees to record this Bond in the Official Records for Monroe County before
the commencement of the work subject of this Bond.
Dated on: September 17, 2014 2014
PRINCIPAL: Douglas N. Higgins, Inc.
By:
Address: 5707 College Road, Key West, Fl. 33040
H rtford Accident and I Pernnity Company
y'
As Attorney -i -Fact
SURETY: Address: One Hartford Plaza, T-4, Hartford, CT 06155
Claims against this Bond are subject to the notice and time provisions set forth in Section
255.05, Florida Statutes.
In accordance with the provisions of Section 255.05, Florida Statutes, the Contractor shall
provide to the County a hundred (100) percent Performance Bond and a hundred (100) percent
Labor and Material Payment Bond each in an amount not less than the total construction cost.
To be acceptable to the County as Surety for Performance Bonds and Labor and Material
Payment Bonds, a Surety Company shall comply with the following provisions:
1. The Surety Company shall have a currently valid Certificate of Authority,
issued by the State of Florida, Department of Insurance, authorizing it to write
surety bonds in the State of Florida.
2. The Surety Company shall have currently valid Certificate of Authority
issued by the United States Department of Treasury under Sections 9304 to
9308 of Title 31 of the United States Code.
I The Surety Company shall be in full compliance with the provisions of the
Florida Insurance Code.
4. The Surety Company shall have at least twice the minimum surplus and
capital required by the Florida Insurance Code at the time the invitation to
CONTRACT I1 -13
Jacobs
Key West International Airport 04/14
Monroe County
Improve Runway 27 Safety Area - Install EMAS
bid is issued.
CONTRACT II -14
Direct Inquiries /Claims to:
POWER
OF
ATTORNEY
THE HARTFORD
BOND, T -4
• IyKyG •
Kathleen T. Maynard
One Hartford Plaza
My Commission Expires July 31, 2016
CERTIFICATE
Hartford, Connecticut 06155
call: 888 - 266 -3488 or fax: 860 - 757 -5835
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 35- 350851
X� Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut
XO Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana
X� Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut
Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut
Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana
Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois
Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana
Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies ") do hereby make, constitute and appoint,
up to the amount of unlimited:
Heather M. Johnson, Joel E. Speckman, Terri Mahakian, David Harlock
of
Ann Arbor, MI
their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on August 1, 2009 the Companies
have caused these presents to be signed by its Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary.
Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be
bound by any mechanically applied signatures applied to this Power of Attorney.
rrtaW �V�rr QE) �f Jj��y+sc�u��,'"'"�°►r,
qr ce�i oe i, ty74 `1 • '; '•�.� • 'ttgc� 5 cinu•' •�•ctj!%�•'
W.
Wesley W. Cowling, Assistant Secretary
STATE OF CONNECTICUT
I ss. Hartford
COUNTY OF HARTFORD
M. Ross Fisher, Vice President
On this 12 day of July, 2012, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and
say: that he resides in the County of Hartford, State of Connecticut; that he is the Vice President of the Companies, the corporations described in
and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such
corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like
authority.
��N T. M,
2
• IyKyG •
Kathleen T. Maynard
Notary Public
My Commission Expires July 31, 2016
CERTIFICATE
I, the undersigned, Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of
the Power of Attorney executed by said Companies, which is still in full force effective as of September 17, 2014 .
Signed and sealed at the City of Hartford.
tr npwri ,,Ills o —%. < ��yy u ,�� � y —
.,,+""'F H.reu� < `�� �`_ 3 +,�°wo•11
• tleenhnc� • /t f 7 0 s. 1970 • ' • � .'�_
+ ''ts:>e:•W �^•e�sN i�A.�� 1��{+ 'V�«,F'tlNO15� \ �� c. ,+�.iww u'• v• � -•
Gary W. Stumper, Vice President
Jacobs Key West International Airport 04/14
Monroe County
Improve Runway 27 Safety Area - Install EMAS
5. If the Contract Award Amount exceeds Five Hundred Thousand
($500,000), the Surety Company shall also comply with the following
provisions:
A. The Surety Company shall have at least the following minimum ratings in
the latest issue of Best's Key Rating Guide.
POLICYHOLDER'S
REQUIRED
CONTRACT AMOUNT
RATING
FINANCIAL RATING
$ 500,000
TO
1,000,000
A-
CLASS 1
$1,000,000
TO
2,000,000
A-
CLASS II
$2,000,000
TO
5,000,000
A-
CLASS III
$5,000,000
TO
10,000,000
A-
CLASS IV
$10,000,000
TO
25,000,000
A-
CLASS V
$25,000,000
TO
50,000,000
A-
CLASS VI
$50,000,000
TO
100,000,000
A-
CLASS VII
$50,000,000
TO
100,000,000
A-
CLASS VII
B. The Surety Company shall not expose itself to any loss on any one risk
in an amount exceeding ten (10) percent of its surplus to policyholders,
provided:
(a) Any risk or portion of any risk being reinsured shall be
deducted in determining the limitation of the risk as prescribed
in this section. These minimum requirements shall apply to
the reinsuring carrier providing authorization or approval by the
State of Florida, Department of Insurance to do business in
this state have been met.
(b) In the case of the surety insurance company, in addition
to the deduction for reinsurance, the amount assumed by any
co- surety, the value of any security deposited, pledged or held
subject to the consent of the surety and for the protection of
the surety shall be deducted.
CONTRACT II -15
Jacobs
Key West International Airport 04114
Monroe County
Improve Runway 27 Safety Area - Install EMAS
S E C T I O N B
CERTIFICATE OF OWNER'S ATTORNEY
THIS SECTION IS NOT INCLUDED
CONTRACT II -16
Jacobs Key West International Airport 04/14
Monroe County
Improve Runway 27 Safety Area - Install EMAS
S E C T I O N C
ACKNOWLEDGMENT FOR CHANGE ORDERS
TO: Monroe County Board of Commissioners
500 Whitehead Street, Key West, Florida,
33040
REF: Improve Runway 27 Safety Area — Install Engineered Material
Arresting System (EMAS)
Key West International Airport
Gentlemen:
In order to avoid the necessity of extensive amendments to the referred contract, the
undersigned acknowledges hereby that the following conditions are those for which
change orders are allowed under the Bid Law:
1. Unusual and difficult circumstances which arose during the course of the
execution of the contract which could not have been reasonably foreseen.
2. Where competitive bidding for the new work for new money will work to the
serious detriment of the awarding authority.
3. Emergencies arising during the course of the work.
4. Changes or alterations provided for in the original bid and originals contract.
Douglas N. Higgins, Inc.
Contractor
LM
Title:
CONTRACT II -17
Jacobs Key West International Airport 04/14
Monroe County
Improve Runway 27 Safety Area - Install EMAS
S E C T I O N D
CO N TRACT TO
Improve Runway 27 Safety Area — Install Engineered Material
Arresting System (EMAS)
Key West International Airport
THIS AGREEMENT made and entered into the 11 �'/_\ day of 0C
by and between Douglas N. Higgins, Inc. Contractor,
and the Monroe County Board of Commissioners, Key West, Florida, Owner.
WITNESSETH:
That the Contractor, for the consideration hereinafter fully set out hereby agrees with the
Owner as follows:
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 documents;
Instruction to 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:
Improve Runway 27 Safety Area - Install Engineered Material Arresting
System (EMAS)
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 Ninety (90) 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 One Million eighty two thousand one hundred and seventy Dollars
($ 1,082,170.00 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
CONTRACT I1 -18
Jacobs Key West International Airport 04/14
Monroe County
Improve Runway 27 Safety Area - Install EMAS
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.
7. 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 principles 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.
CONTRACT U -19
Jacobs Key West International Airport 04/14
Monroe County
Improve Runway 27 Safety Area - Install EMAS
9. Public Access. Pursuant to Florida Statute §119.0701, Contractor and its
subcontractors shall comply with all public records laws of the State of Florida,
including but not limited to:
(a) Keep and maintain public records that ordinarily and necessarily would
be required by Monroe County in the performance of this Agreement.
(b) Provide the public with access to public records on the same terms and
conditions that Monroe County would provide the records and at a cost that
does not exceed the cost provided in Florida Statutes, Chapter 119 or as
otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as
authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no
cost, to Monroe County all public records in possession of the contractor upon
termination of this Agreement and destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure
requirements. All records stored electronically must be provided to Monroe
County in a format that is compatible with the information technology systems
of Monroe County.
10. HOLD HARMLESS AND INSURANCE Notwithstanding any
minimum insurance requirements prescribed elsewhere in this
agreement, Contractor shall defend, indemnify and hold the County
and the County's elected and appointed officers and employees
harmless from and against (i) any claims, actions or causes of
action, (ii) any litigation, administrative proceedings, appellate
proceedings, or other proceedings relating to any type of injury
(including death), loss, damage, fine, penalty or business
interruption, and (iii) any costs or expenses (including, without
limitation, costs of remediation and costs of additional security
measures that the Federal Aviation Administration, the
Transportation Security Administration or any other
governmental agency requires by reason of, or in connection
with a violation of any federal law or regulation, attorneys' fees and
costs, court costs, fines and penalties) that may be asserted
against, initiated with respect to, or sustained by, any
indemnified party by reason of, or in connection with, (A) any
activity of Contractor or any of its employees, agents,
contractors or other invitees on the Airport during the term of this
Agreement, (B) the negligence or willful misconduct of
Contractor or any of its employees, agents, contractors or other
invitees, or (C) Contractor's default in respect of any of the obligations
that it undertakes under the terms of this Agreement, except to the
extent the claims, actions, causes of action, litigation,
proceedings, costs or expenses arise from the intentional or sole
negligent acts or omissions of the County or any of its employees,
agents, contractors or invitees (other than CONTRACTOR) . Insofar
as the claims, actions, causes of action, litigation,
proceedings, costs or expenses relate to events or circumstances
CONTRACT 11 -20
Jacobs Key West International Airport 04/14
Monroe County
Improve Runway 27 Safety Area - Install EMAS
that occur during the term of this Agreement, this section will
survive the expiration of the term of this Agreement or any earlier
termination of this Agreement.
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 and 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:
CONTRACT II -21
Jacobs Key West International Airport 04/14
Monroe County
Improve Runway 27 Safety Area - Install EMAS
FOR COUNTY:
Director of Airports
3491 South Roosevelt Blvd.
Key West, Fl. 33040
FOR CONTRACTOR:
Paul Waters
Regional Manager
Douglas N. Higgins, Inc.
5707 College Road
Key West, FL. 33040
14. GOVERNING LAW, VENUE, AND 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 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.
CONTRACT I1 -22
Jacobs Key West International Airport 04/14
Monroe County
Improve Runway 27 Safety Area - Install EMAS
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 party 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
CONTRACTORspecifically 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
CONTRACT II -23
Jacobs Key West International Airport 04/14
Monroe County
Improve Runway 27 Safety Area - Install EMAS
performing their respective functions under this Agreement within
the territorial limits of the COUNTY shall apply to the same degree
and 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 signing any such counterpart.
CONTRACT H -24
Jacobs
Key West International Airport 04/14
Monroe County
Improve Runway 27 Safety Area - Install EMAS
27. NON - DISCRIMINATION: Contractor agrees that there will be no
discrimination against any person, and it is expressly understood that
upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates
without any further action on the part of any party, effective the date of
the court order. Contractor agrees to comply with all Federal and Florida
statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VI of the
Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the
basis of race, color or national origin; 2) Title IX of the Education
Amendment of 1972, as amended (20 USC ss. 1681 -1683, and 1685-
1686), which prohibits discrimination on the basis of sex; 3) Section 504
of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which
prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107) which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office
and Treatment Act of 1972 (PL 92 -255), as amended, relating to
nondiscrimination on the basis of drug abuse; 6) The Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on
the basis of alcohol abuse or alcoholism; 7) The Public Health Service
Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as
amended, relating to confidentiality of alcohol and drug abuse patient
records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.),
as amended, relating to nondiscrimination in the sale, rental or financing
of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s.
1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Any other
nondiscrimination provisions in any Federal or state statutes which may
apply to the parties to, or the subject matter of, this Agreement.
CONTRACT II -25
Jacobs Key West International Airport 04/14
Monroe County
Improve Runway 27 Safety Area - Install EMAS
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.
Douglas N. Higgins, Inc. r
O
(Contractor) (Monroe County Board of
Commissioners)
By: 0 LCU LU�f �x By: `f L Oi 4 M j l.P 1l Y
Title: V i r i Sf� Title: Y62
V resident"
WITNESS: ( —e f) 1. WITNESS:
STATE OF
1 C h lgw
COUNTY OF V V !19 [
ROE CC?VM]rY .ATTORNEY
'PIROVEZ 457TOtORM
PEDF. ,!. h.9
11NT1' prT'4 /Z`l�L/
I, the undersigned authority, a Notary Public in and for s4itl`:C y -an State- 4%mby -certify
that KC 11 v A - 1N, I kl -C whose name as — rf?S1&0_ f of
Po�t0►T FnC01r . i s signed to the foregoing instrument and who
is knowri to me, acknoWdged 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 day of 20/ w �
_Notary Public � �L( l� X— �;ZCI�C�� �' . �._.
*Who is authorized by the corporation to execute this contract.
SANDRA K GARR18ON
NOTARY PUBLIC , STATE OF MICHIGAN
COUNTY OF WASHTENAW
fly Commission Expires January 10, 2020
CONTRACT II -26
CERTIFICATE OF SECRETARY
The undersigned, being the duly elected secretary of
Douglas N. Higgins, Inc. a Michigan corporation, hereby
certifies that the following resolution was duly adopted by
the Board of Directors of said corporation at a meeting held
on July 1, 2014 and that said resolution is in full force
and effect:
"RESOLVED, That the following listed persons
are hereby authorized to execute, on behalf of
Douglas N. Higgins, Inc. any and all contracts and
documents."
Brandy L. Bartolone
Daniel N. Higgins
Douglas N. Higgins
David J. Wilkie
Kelly A. Wilkie
444 0-wux-
Kelly A Wilkie
Secretary
Dated: July 1, 2014
1
Jacobs
Key West International Airport 04/14
Monroe County
Improve Runway 27 Safety Area - Install EMAS
INTENTIONALLY LEFT BLANK
CONTRACT II -27