Item C03BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe A(I Mayor George Neugent, District 2
T he Fl orida Keys 4� �� m Mayor Pro Tem David Rice, District 4
l Danny L. Kolhage, District I
„ Y
„; ° W Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
August 16, 2017
Agenda Item Number: C.3
Agenda Item Summary #3225
BULK ITEM: Yes DEPARTMENT: Airports
TIME APPROXIMATE: STAFF CONTACT: Donald DeGraw (305) 809 -5200
none
AGENDA ITEM WORDING: Approval to award bid and execute contract with General Asphalt
Company, Inc., in the amount of $9,962,089.50 to rehabilitate the runway at the Key West
International Airport. Issuance of the Notice to Proceed for construction shall be contingent upon the
receipt of an FAA grant ($9,049,500 approximate). Additional anticipated funding sources include:
$1,060,000 -PFC Application 417, $450,000 - FDOT Grant and Airport Operating Fund 404 (as
needed).
ITEM BACKGROUND: The runway rehabilitation project at the Key West International Airport
involves the mill and overlay of pavement on the Runway 9 -27, adding 10' shoulders on both sides
of the runway, improvement/addition of approximately 277' usable pavement for Rwy 9 takeoff only
and other project related work. The bid opening was held on June 8, 2017, and there were two bids
received; General Asphalt in the amount of $9,962,089.50 and Ranger Construction in the amount of
$14,355,935.25.
PREVIOUS RELEVANT BOCC ACTION:
On April 12, 2017, the BOCC granted approval to advertise the bid solicitation.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
General Asphalt Contract
FINANCIAL IMPACT:
Effective Date: upon Notice to Proceed.
Expiration Date: 140 days upon NTP
Total Dollar Value of Contract: $9,962,089.50 (Base Bid $9,756,797.00 plus Bid Additive 1
$205,292.50)
Total Cost to County: N/A
Current Year Portion:
Budgeted: Yes
Source of Funds: 90% FAA Grant (pending), 5% FDOT Grant (pending) and 5% PFC #17
(pending)
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Beth Leto
Completed
07/21/2017 3:06 PM
Donald DeGraw
Completed
07/21/2017 3:11 PM
Pedro Mercado
Completed
07/21/2017 3:19 PM
Budget and Finance
Completed
07/27/2017 2:50 PM
Maria Slavik
Completed
07/28/2017 7:23 AM
Kathy Peters
Completed
07/31/2017 9:38 AM
Board of County Commissioners
Pending
08/16/2017 9:00 AM
4 a lkv�=
h 2i. e J
200 W. Forsyth Street
Suite 1520
Jacksonville, Florida 32202
1.904.636.5432 Fax 1.904.636.5433
Donald DeGraw June 13, 2017
Airport Director
Monroe County Airports
Key West International Airport
3491 South Roosevelt Blvd.
Key West, FL 33040
Re: Key West International Airport
Rehabilitate Runway 9 -27
GAKA 162
Dear Don,
A public bid opening was held on June 8, 2017 for the above subject project. The project consisted of a
Base Bid and Bid Alternate #1. 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 Ranger
Construction and did not affect the 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
Base Bid
Bid Alternate #1
Base Bid + Bid
Alternate #1
General Asphalt Company, Inc
$9,756,797.00
$205,292.50
$9,962,089.50
Ranger Construction
$14,076,855.25*
$279,080.00
$14,355,935.25
*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 the Base Bid and Bid Alternate
#1 be awarded to General Asphalt Company, Inc. If you have any questions or require any additional
information, please do not hesitate to contact us.
i rely ,
Ennis, P. I
Project Manager
Encl: Monroe County Purchasing Office Bid Tabulation.
Jacobs Bid Tabulation Matrix
cc: Ryan Forney /Jacobs
Chris Bowker /Jacobs
BUDGET AND F I NANCE
PURCHASING DEPARTMENT
TABULATION SHEET
OPEN DATE: JUNE 8, 2017 AT 3:00 PM
TITLE: REHABILITATE RUNWAY 9 -27
MONROE COUNTY, FLORIDA
RESPONDENT
BID BOND
BID AMOUNT
Ranger Construction Industries, Inc.
5%
$13,972,855.25
General Asphalt Company
5%
$9,756,797.00
Bid Committee Present N/A
Members of the Public Present Steve Skubal (Ranger Construction), Gabriel Martinez & Gonzalo Gutierrez (General Asphalt)
I hereby certify that this is a true and correct copy of said bid opening and that all bidders listed above have been checked against the
State of Florida Convicted & Suspended Vendor listings. All bids listed above were received by the date and time specified.
Bid Opened By: Lisa Abreu, OMB
BID TABULATM
REHABILITATE RUNWAY 9.27
KEW WEST INTERNATIONAL AIRPORT
PROJECT NO. GAKA162
Item ',, Bid Item Description Unit Quantity
No
Base Bid
1
P -100 -9
MOBILIZATION
LS
1
2
SP -12 -d
STANDBiY TIME
HR
20
3
03 7180
89ELU DATA COLLECTION
LS
I
4
P -101 -1
BITU MINOUS PAVEMENT RE MOVAL DEPTH
CY
9 „300
5
P -901 -2
DEPTH)
BITUMINOUS PAVEMENT MILLING (1/2° DEPTH)
SY
50.500
6
P -101 -3
IBITUMINOUS PAVEMENT MILLING 1/2 "2" DEPTH)
SY'
1 7 500
7
tv 701.4 _,m
c34ACK RLPAER
LF
2E00
B
P- 90 5_ -5
PAVE:P,4EMI MARKING REMOVAL
SF
575
9
P- 101 -6
ARMDON EXISTING LIGHT BASE CAN
EA
40
10
P.10$4
REMOVE EXISTING CGHCRETE FOUNDATION
CY
50
99
P -902.1
SA I TY AND SECURITY
LS
9
12
P -952 -9
1)NCI,ASSIFIED EXCAVATION
CY
5,500
93
P -952.7
I EMOA34KMENT(ON•51TC BOkACAV)
CY
5.,200
14
P -1523 giI�MB.ANKMPNT(OIF�ITE,
S OAROW)
CY
7%
15
P -156-1
I'MP'ORARY AIR AND SMAE €R Poll UXI*,.h4, :@ ?Il .�
EROSION, AND SPI TAT ION CORI ROL.
�LS
9
t5
P -217 4
1.OME ROCK BASE COURSE _
C:Y
x.400
97
P -299 -2
IR _V O LIME ROCK BASE COURSE
SY
11.900
P -620 -9 REFLECTIVE PAVEMENT MARKING WITH GLASS BEADS SF 74,500
P -620 -2 NON - REFLE CTIVE PAVEMENT MARKING SF ...m 28,500
P• 870.3 TEMP SRARY PAVE%ILN I MARKING SF �. 28 3.00
._ .....
P-4121-1 9.1 RLrNWAY PA4 NT GROOVING .... $Y 67,040
D -709 -9 18" REINFORCED CONCRETE PIPE LF 1 450
33
L -190 -9
_ ......_..___ ._ - - .- _,.._.,, .,.,,-._.. _ . ... .........
INFIELD
LF
400
34
L -190 -2
2 SCHEDULE 40 PVC CONCRETE ENCASED CONDUIT 1iN
LF
550
$1,000.00
_
EXISTING PAVFMEAIT _
$20,000.00
$3,04000
35
L -110 -3
2' SCHEDULE 40 PVC DIRECT BURIED CONDU17 IN NEW
LF
350
$1250 „nam:
(Dollars - Cents)
PAVEMENT
$156,00000
$4800
t8
L•116r1
El, EC I RICA4 JUNCTION CAN
EA
t
37
L -115 -2
ADJUST JUNCTION BOX TO PROPOSED GRADE
EA
6
38
L - 320 -1
TEM POJ2ARY LI f1'HT7N C#
LS
- -, ........ [
39
L -125 -1
��1E ELEVATED RUNWAY' END LIGHT ON NEW BASE
EA
B
$6,00000
$300
$1 „72506
$700
$4,02500
40
L -125 -2
F.•061L I'LEVATEU RUNWAY THRESHOL07EN0 LIGHT ON
EA
B
$18. 4100
5483017
E XISTING, BASE C
$65..00
52,2:50.00
_
41
L -125 -3
L -661 ELEVATED RUNWAY EDGE LIGHT ON EMST NG
EA
42
$15'0,000.(10
00
.BASE, CA
$375, 000.00
$375,000..00
_
42
L -125.4
IIL 652D 1WPAVEMFNB RUNWAY fI)CIVIT1IRESI OCD
EA
10
$177,650.06
$20,00
11., IG HT ON NE BA SE CAN
$43.00
$223,600.00
_
43
L -925 5
r2D IN =PAVGME:N9 RUNWCQY 4 iSfaFrTIIRESE4DG..l)
EA
_
4
565LaZ!10 no
98880
O,IGH1 ON. EXISTIN BASE CAN
- _
- -
$50,000.00
44
L- 9256
m_��
REGME E)C9S 9NG LsG.HT FOXTURL
EA
54
45
L- 130 -1
ADJUST IN LIGHT FIXTURE
EA
14
46
L -930 -2
JADJUST ELEVATED LIGHTFIXTURE
I EA
74
$75,56500
32 00 , .00
RLLDt:A§KED :'UIDANCE SIGN /DISTANCE TO GO ON NEW
$162.00
53,726005)00
47
L -858 -9
cOraCRE9E £SASE
EA
7
48
T -904 -1
SODDING WITH 3" TOPSOIL
SY
107 00C
Bid Opening Dale: June B, 2017
Englnoer's Estimate
General Asphalt Company, Inc
Ringer Construction
Unit P ice Total Amount Unit Price Total Amount Unit Price Total Amount
(Dollars - Cents) (Dollars - Cents) (Dollars - Cents) (Dollars - Canis) (Dollars - Cents) (Dollars - Canis)
$654,154.86
$654,154.80.
$1,499,000.00
$9,499,00000
$3,178,6
$3, 00
$1,000.00
$20,000.00
$1,000.00
$20,000.00
$3,04000
$60,80000
S16.00.010
$15.00000
$6ti.6000
_.
$60.00600
$1250 „nam:
(Dollars - Cents)
$12000
$156,00000
$4800
$62 ,4 00.0 0 .
$23.50
$30,550.00
$6.00
$303,00000
$3.60
S9B9 80000
$9690
$ 65345000
580 0'_, -
SB2,000
5300..
$41400.010
S9$ g0
$1p2 85000.
$10 CQ
_ 52.09:111
.$40 00.
$8,000.00
$30,00
$6,00000
$300
$1 „72506
$700
$4,02500
$6.85
$3,938.713
! 00
$14,00000
$350.00.
$18. 4100
5483017
3 9 ?64
$65..00
52,2:50.00
$20000
$10,000.00
$216.00
$10,900.00
"X150000.00
$15'0,000.(10
00
$50.000.00
$375, 000.00
$375,000..00
$25.00
$137,500.00
$21,00
$115,500.00
$32.30
$177,650.06
$20,00
$104.00000
$43.00
$223,600.00
$13.95
$72,540.00'
31(0.00
522,56000
Sal 00
565LaZ!10 no
98880
`,vFiTi0dM3.00..
$50,000.00
$50,000.00
$10,00000
$10,00000
$38,000 00
$38,00000
53000
$162.NGaJ)
547700
$468.80300
$1$0,00
5702.000,UO
$800
$95,20000
$94.00
$166,600.00
$535
$75,56500
32 00 , .00
54,800,00000
$162.00
53,726005)00
$20000
$4,69000000
•. 5 200.00.
'5330,00000
.-
576600
$2`G88000Ei
513'640
S554i 08400
$8.00
$51,200.00
$108
$6,400.00
$8,50
$54,400.06'
WOO
SI06.V11Y1,00
S5100
U7.
$1706
$121500.00
$3,00
$223,500.00
$0.69
$51,405.00
$2.00
$949,000.00'
33.00
5455,'$00 (NO
9002
$1 7470ft0.
5140
S39.J3060i3
S7. S4
$1'77,45000
5069
$55,027.001
$060'
$46.980.00'
5104
$141,000..00
5255
$11%1350,00
$220
5103,400,00
$250,00
$192.500.00
$260.00
$117,000.00'
$28500.
532457511 TO
$10.000
$240,00000
$15,00(00
$:$8 0000.00
$70,06900
3
' $1
53,tYA'J 00
$3 700 po-
$4 @iBt7:ry0
$a.:i0a 00'
$'9, fit+
$1,000.00
$7.000.00
$2.20000
$15.400.00
$2,400.00
$16.800.00
$4,00
$8.1100.00
$4.50:
$7 1 42,6,05 . ..
$160.
S28a0O0
3b:013
$1 7 09
55 +a
$7 098:00
33,75
...,,..
-- _ 5.,837 50
51.iP0
51,000.7)0
$ ".s 320'..
$5,000.00
$190
$1,10000
$20.00
$8,00000
$50.00'
$20,000.00
$7.25'.
$2,900.00
$3000
$96,50000
$6500'
$35,750.00
$7865!
$43,257.50
$2000
$7,00000
$4600
$16,900.00
$785
$2,747.50
$1,500,00
$'1,50004:
3.1„200.00,
$1200.00
$'183;5.00'....
51,9:45.00
$9.,000.00
$6,00000!
$900.00
$5 „400.00
31rm95 D0'',
$30,170.00
$30 ,�05;t .O0
5 10,01112 1
$Ei`700
$57000:,04)
$12,701100
$12100,
$2,500.00
$20,00000'.
$1,900.00
$15,200.00
$2,66000'.
$21,26000
$1,000,00
$6,00000.
$1,70000
$13,600.00
$1,150.00
$9,20000
$1,000..00
$42,00000:
$1,700,00
$71,400..00
$1,06500
$44,73000
$3,500,00
$35,00000
$2,400.00
$24,000.00
$5,325.001
$53,25000
$1,500..00
$6,00006:.
$2,100,00
$8,400,00
$4,600.00
$18,40000
$100:00
$5,400.60
9750.06
$13.500.00
§14500
37,@30:1'40
$9000.00
$14,00000
$1,100.00
$15,400.00
$1,56500
$21,91000
$9,000.00
$74,000,00.
$1,900.00
$81,400,00.
$9,35500
$
$3,000..00
$21,00000
$2,30000
$1610000
$7,01500
$49,10500
$10.00
$1,070,00000
$1400
$9498,00000
$13351
$1,428.450.00
34379.239:831
$9:755.747,00
$74076655,25.
Item
Bid Item
Descriplion
Unit
Quantity
Unit Price
Total Amount
Unit Price
Total Amount
Unit Price
Total Amount
No
(Dollars- Cants)
(Dollars- Cents)
(Dollars-Cents)
(Dollars - Cents)
(Dollars - Cents)
(Dollars - Cents)
Bid Alternate a1
1 F' -101 -1 BI'3UthINOUS PAVI'MFNT S :(81.110 11 2 ^KjFPT49 (,`Y 55 $120-00 S1k'1 : v0 s990250 _ $235 _
�SY
2
P -901 -3
PAVEMENT MARKING REMOVAL
60
$6,01#
$$100,00
$12047
$10,200.00
$15.90
$13,51500
S
P -952.1
V..MRANKMI:.NT C3FI 'L BORRt'74"t)
CY
350
525,00
$6 750.00
339 7°a
512.582 50
$32 00
5111200.00.
4
P -952 -2
TEMPORARYAIR AND WATER POLLUTION ,SOIL
CY
50
$30.00
$9,50000
$49.50
$2,475.00
$94.20.
$71000.
EROSION., AND SIL 8A11ON CONTROL.
5
P -299 -9
LIME ROCK BASE COURSE
CY
230
$_3
5
5 10
$
31 31r 25 :
$331{
6
P- 299 -2.
PORTLAND CEMENT CONCRETE(PCC), 13 "THICK
SY
650
$8.00
$6,800.00
$15.25
$92,962.50
$630'..
$5,35500
7 W P-501 -1 _ BITUMINOUS TACK COAT SY 650
$200,00
$170,000.00
_ $160.00
$136,000.00
$254.00
_
$215,900.00
TOTAL DID AMOt7NT • BID ALTERNATE at;
$205, &50,00
$206,242.50
$350
080.00
$9,683.86488
39952089.50
334455935.25_
____
® TOTAi, BID AMOUNT -BASE BID -BID ALTERNATE d1;..
Ar
P
epared by:
DISCREPANCIES ON BIDDER'S BID FORMS
LINE ITEM NO, Comment
'.Ranger Construction did not use
corrected quantity from Addendum No
P -211 -1 2. The unit price provided was used
along with corrected hid quantity to
determine [he total amount for [his pay
dam
(
w
Packet; Pg. 83
l
Key West International Airport 06/17
Monroe County
Rehabilitate Runway 9 -27
Project No. GAKA162
- 1� �;l 1111 1111 •
TO: Monroe County Board of Commissioners
Key West, Florida
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
.........:.
T
CONTRACT II -17
Key West International Airport 06/17
Monroe County
Rehabilitate Runway 9 -27
Project No. GAKA162
S E C T I O N D
C O N T R A C T
Rehabilitate Runway 9 -27
Key West International Airport
THIS AGREEMENT made and entered into the 6 th day of July, 2017
by and between General Asphalt Company, 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:
Rehabilitate Runway 9 -27
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 the Base Bid and Bid Alternate #1 within one hundred and forty (140)
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 Nine Million Nine Hundred Sixty Two Thousand Eighty Nine and
50/100 Dollars ( 9,962,089.50 ) 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 II -19
Key West International Airport 06/17
Monroe County
Rehabilitate Runway 9 -27
Project No. GAKA162
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.
9. PUBLIC ACCESS. Public Records Compliance. Contractor must comply with
Florida public records laws, including but not limited to Chapter 119, Florida
Statutes and Section 24 of article I of the Constitution of Florida. The County and
CONTRACT II -20
Key West International Airport 06/17
Monroe County
Rehabilitate Runway 9 -27
Proj ect No. GAKA 162
Contractor shall allow and permit reasonable access to, and inspection of, all
documents, records, papers, letters or other "public record" 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 contract and related to contract performance. The County shall have the right
to unilaterally cancel this contract upon violation of this provision by the Contractor.
Failure of the Contractor to abide by the terms of this provision shall be deemed a
material breach of this contract and the County may enforce the terms of this
provision in the form of a court proceeding and shall, as a prevailing party, be
entitled to reimbursement of all attorney's fees and costs associated with that
proceeding. This provision shall survive any termination or expiration of the
contract.
The Contractor is encouraged to consult with its advisors about Florida Public
Records Law in order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the
Contractor is required to:
(1) Keep and maintain public records that would be required by the County to
perform the service.
(2) Upon receipt from the County's custodian of records, provide the County with
a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by
law for the duration of the contract term and following completion of the contract if
the contractor does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records that
would be required by the County to perform the service. If the Contractor transfers
all public records to the County upon completion of the contract, the Contractor
shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If the Contractor keeps and
maintains public records upon completion of the contract, the Contractor shall meet
all applicable requirements for retaining public records. All records stored
electronically must be provided to the County, upon request from the County's
custodian of records, in a format that is compatible with the information technology
systems of the County.
(5) A request to inspect or copy public records relating to a County contract must
be made directly to the County, but if the County does not possess the requested
records, the County shall immediately notify the Contractor of the request, and the
Contractor must provide the records to the County or allow the records to be
inspected or copied within a reasonable time.
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Project No. GAKA162
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292 -3470.
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 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
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Project No. GAKA162
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.
10. 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.
11. 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.
12. 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:
Don DeGraw, Director of Airport
3491 South Roosevelt Blvd.
Key West, FL 33041
FOR CONTRACTOR:
Robert Lopez, President
General Asphalt Co., Inc.
4850 NW 72n Avenue
Miami, FL 33166
CONTRACT II -23
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Proj ect No. GAKA 162
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. COOPERATION In the event any administrative or legal proceeding is instituted
against either party relating to the formation, execution, performance, or breach
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Project No. GAKA162
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.
19. 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.
20. 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.
21. 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
extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the COUNTY.
22. 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.
23. 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.
24. NO PERSONAL LIABILITY: No covenant or agreement contained herein shall
be deemed to be a covenant or agreement of any member, officer, agent or
employee of Monroe County in his or her individual capacity, and no member,
officer, agent or employee of Monroe County shall be liable personally on this
CONTRACT II -25
Key West International Airport 06/17
Monroe County
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Project No. GAKA162
Agreement or be subject to any personal liability or accountability by reason of the
execution of this Agreement.
25. 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.
26. 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.
27. Owner agrees that it shall issue the Notice to Proceed Construction indicating
construction to commence between November 27, 2017, and December 1, 2017,
so as to provide the Contractor a minimum of thirty -eight calendar days to perform
the work outside the runway (ex., shoulders, sod, etc.). If Owner fails to provide
Notice to Proceed Construction within this window, then the Owner waives
Liquidated Damages related to the Grooved Runway and Final Completion, Special
Provision No. 3 (Addendum No. 1), and such provisions will be deemed
automatically stricken from the Contract.
If the Owner is unable to issue a Notice to Proceed Construction by December 1,
2017 at the Owner's sole discretion the Owner may terminate the contract or
modify the scope of work and issue a change order in accordance therewith.
CONTRACT II -26
Key West International Airport 06117
Monroe County
Rehabilitate Runway 9 -27
ProjeetNo. GAKA162
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.
WITNESS:
STATE OF
FLORIDA
COUNTY OF m
Monroe County Board of Commissioners
By:
Title:
WITNESS:
1, the undersigned authority, a Notary Public in and for said County and State her" certify
that _whose name as Y 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„
*Who is authorized by the corporation to execute this contract.
CONTRACT 11 -27
Title: c i- ; v
President