Item C07M
C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor George Neugent, District 2
The Florida. Ke Se
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Mayor Pro Tern David Rice, District 4
Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
October 18, 2017
Agenda Item Number: C.7
Agenda Item Summary #3348
BULK ITEM: Yes DEPARTMENT: Airports
TIME APPROXIMATE: STAFF CONTACT: Donald DeGraw (305) 809 -5200
none
AGENDA ITEM WORDING: Approval to waive three (3) minor bid irregularities and award bid
and contract to low bidder Kenmar General Contracting, LLC, in the amount of $2,092,070.39 for
the Key West International Airport Noise Insulation Program (NIP) "Pilot Project" at Key West by
the Sea, Building B, Floors 1 &2 and two (2) single - family homes. Issuance of the Notice to Proceed
for construction shall be contingent upon the receipt of a FAA Grant (90 %) and PFC Application #
17(10%).
ITEM BACKGROUND: Three (3) bids were received at the August 23, 2017 bid opening. Per
attached bid recap and Airport consultant's recommendation, staff recommends low bidder Kenmar
General Contracting for this project. The minor bid irregularities were: (1) the bottom of page 1 -12
in the Proposal and Schedule of Bids Items was not completed, however, the 5% bid bond was
provided; (2) prior to award, bidder shall provide an updated percentage of non -DBE subcontractors
to show compliance with the project DBE goal of 8.8 %; and (3) prior to award, bidder shall meet all
insurance requirements.
The objective of this project is to reduce interior noise levels generated by exterior aircraft
operations for neighboring residents whose homes qualify for the FAA Noise Insulation Program.
Qualification is based on the FAA approved 14 CFR Part 150 Noise Compatibility Program and
associated Noise Exposure Map and related federal requirements.
PREVIOUS RELEVANT BOCC ACTION:
On April 12, 2017, the BOCC granted approval to advertise the bid solicitation, but no bids were
received. On July 19, 2017, the BOCC granted approval to re- advertise the project with a reduced
scope of work, addition of asbestos testing and the addition of maximum value to be used for
asbestos abatement contingent on the results of the new asbestos testing requirements.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Kenmar GC
FINANCIAL IMPACT:
Effective Date: upon notice to proceed.
Expiration Date: 235 calendar days after NTP.
Total Dollar Value of Contract: $2,092,070.39
Total Cost to County: $0.00
Current Year Portion:
Budgeted: Yes
Source of Funds: 90% FAA Grant (pending)/ 10% PFC# 17(pending)
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
REVIEWED BY:
Beth Leto
Completed
08/31/2017 2:27 PM
Donald DeGraw
Completed
08/31/2017 2:59 PM
Pedro Mercado
Completed
08/31/2017 3:06 PM
Budget and Finance
Completed
08/31/2017 4:56 PM
Maria Slavik
Completed
09/01/2017 7:20 AM
Kathy Peters
Completed
09/01/2017 12:39 PM
Board of County Commissioners
Completed
09/20/2017 9:00 AM
Board of County Commissioners
Pending
09/27/2017 4:00 PM
C.7,a
BUDGET AND F I NANCE
PURCHASING DEPARTMENT
TABULATION SHEET
OPEN DATE: AUGUST 23, 2017 AT 3:00 PM v
TITLE: KEY WEST INTERNATIONAL AIRPORT NIP PILOT PROJECT P
MONROE COUNTY, FLORIDA
RESPONDENT
BID BOND
BID AMOUNT
DEC Contracting Group Inc.
5%
$2,136,556.30
Northeast Noise Abatement Corp.
5%
$2,300,000.00
KenMar General Contracting LLC
5%
$2,092,070.30
Bid Committee Present Heather Faubert (THC, Inc), Steven Vecchi (THC, Inc)
C.A
Members of the Public Present Chris Freeman (DEC Contracting), Vicki Marino (KenMar), Jimmy Mosomillo (KenMar),
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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 0
State of Florida Convicted & Suspended Vendor listings. All bids listed above were received by the date and time specified.
as
Bid Opened By: Lisa Abreu, OMB
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21
T H C
August 25, 2017
Mr. Donald DeGraw
Director of Airports
Key West International Airport
3491 South Roosevelt Blvd.
Key West, FL 33040
RE: Key West International Airport - Noise Insulation Program (NIP)
Construction of KWBTS "Pilot Project"
Bid Award Recommendation
Dear Mr. DeGraw:
Bids for the Key West International Airport NIP - Pilot Project were opened at the Monroe County
Budget and Finance Purchasing Department office at 3:00 pm on August 23, 2017. The following
three (3) bids were received (from low to high):
Kenmar General Contracting, LLC - $2,092,070.30
DEC Contracting Group, Inc. - $2,136,556.30
Northeast Noise Abatement Corp. - $2,300,000.00
We reviewed each of the three bids submittals received. The highlights of each bid submittal is as
follows:
Kenmar General Contracting. LLC. - Bid Total: $2.092.070.30
All required submittal items were provided by the Bidder.
Minor bid irregularities noted in the bid were:
1. Division I Section C - Proposal and Schedule of Bid Items - Bottom portion of Page I -12 was
not completed, however, the 5% Bid Bond was provided as part of the bid as required.
2. Division I Section I DBE - Kenmar General Contracting, LLC is a certified DBE firm. The
required Disadvantaged Business Enterprise Program Form lists that all work is being self
performed except for Electrical and Cleaning. DBE participation is shown as 95% or
$100,000 non DBE. The List of Subcontractors submitted with the bid shows "Alternative
Construction and Environmental Solutions" as a non -DBE subcontractor for Asbestos
Sampling and Testing. Prior to award of the Contract, the Bidder shall provide an updated
percentage of Non -DBE subcontractors and show compliance with the project DBE Goal of
8.8 %.
3. Division III Section 140 - Bidder's Statement on Insurance - The submitted Certificate of
Insurance does not show Worker's Compensations (W /C) Insurance Coverage. Avalon HR,
LLC Certificate of Insurance was provided showing W/C Insurance. Prior to award of the
Contract, the Bidder shall meet all insurance requirements.
DEC Contracting Group. Inc. - Bid Total $2.136.556.30
All required submittal items were provided by the Bidder.
Minor bid irregularities noted in the bid were:
1. Division I Section I DBE - The Bidder was unable to meet the project DBE Goal of 8.8 %. The
DBE Participation provided by the Bidder was 0 %. Documentation on DBE firms contacted
for the bid was provided as part of the bid to show "Good Faith Efforts".
Northeast Noise Abatement Corporation - Bid Total $2.300.000.00
All required submittal items were provided by the Bidder.
Minor bid irregularities noted in the bid were:
1. Division I Section F Prime Bidder Qualifications - The superseded version of the form was
used by the Bidder. A revised form was revised as part of Addendum No. 2.
Bids vs. Engineers Estimate
The three bids received were reviewed against the Engineer's Estimate. The table below shows that
the Total Bids are from 7.5% to 18.17% above the engineer's estimate of $1,946,346.25.
BID TABULATION FOR KEY WEST INTERNATIONAL AIRPORT NOISE INSULATION PROGRAM CONSTRUCTION
OF KWBTS "PILOT PROJECT"
BID DATE: 3:00 PM AUGUST 23, 2017
BID ITEM
ENGINEERS
Kenmar General
DEC Contracting
Northeast Noise
ESTIMATE
Contracting, LLC.
Group, Inc.
Abatement
Corporation
BASE BID (19 KWBTS
CONDOS AND 2
SINGLE FAMILY )
$1,612,127.50
$2,012,570.30
$1,997,973.80
$2,228,220.00
BID ADDITIVE #1
(ASBESTOS
REMEDIATION UNIT
PRICES )
$334,218.75
$79,500.00
$138,582.50
$71,780.00
TOTAL BID
$1,946,346.25
$2,092,070.30
$2,136,556.30
$2,300,000.00
TOTAL BID /
ENGINEER'S
ESTIMATE
100.00%
107.49%
109.77%
118.17%
BID AWARD RECOMMENDATION
Upon Monroe County's review and acceptance of the minor bid irregularities identified above in our
bid review; THC, Inc. recommends awarding the Key West International Airport NIP - Pilot Project
contract to Kenmar General Contracting, LLC for the Base Bid amount of $2,012,570.30. The
NIP Bid Award Recommendation - Construction of KWBTS "Pilot Project" Page 2 of 3
unit price amounts in Bid Additive #1 will be awarded individually as necessary by Change Order
following the asbestos testing scope included within the Base Bid. Despite the minor bid
irregularities identified above, they have represented that they are the lowest responsible /
responsive bidder and have met all the requirements for bidding as outlined in the Contract
Documents.
The award of this contract is subject to the FAA issuing a grant to Monroe County.
Please call with any questions that you may have regarding this information.
Sincerely,
L1
Steven J. Vecchi
NIP Project Manager
THC, Inc.
CC: Deborah Murphy Lagos, Noise Program Coordinator, DMLA
Richard Sun, AIA, TSG
Heather Faubert, NIP Assistant Project Manager, THC
NIP Bid Award Recommendation - Construction of KWBTS "Pilot Project" Page 3 of 3
Leto -Beth
From: Deborah Lagos <deborah.murphy.lagos @gmail.com>
Sent: Monday, August 28, 2017 11:15 AM
To: Leto -Beth; DeGraw- Donald; Mercado - Pedro; Abreu -Lisa
Cc: Richard Sun; Steve Vecchi; Bowker, Christopher; Ryan Forney
Subject: KWIA NIP Pilot Phase Bid - Fraction of Cents Rounding
Attachments: Pilot Bid Award Recommendation - 082517.pdf
Hello Everyone,
In an effort to be completely forthcoming and transparent regarding the review of the bids, we wanted to let everyon(
know the following:
Both the Kenmar General Contracting and DEC Contracting Group bids had issues with Fractions of Cents rounding
the Electronic Bid Sheets Bid (EBS).
The line items contained in both bids were referencing cells in the bidder's estimating spreadsheets. Those cells
contained numbers with additional decimal places not displayed in the Electronic Bid Sheets which were shown to tv
decimal places.
Adding the individual figures manually results in a total for both bids that are $0.05 greater than the Bid Amounts
tabulated by the Excel Spreadsheet. DEC Contracting's Base Bid Total bid of $1,997,973.80 is $1,997,973.85 if the
displayed numbers are calculated manually. This inconsistency was due to the algorithm used in the spreadsheet and
not due to errors on the part of the Bidder. In Kenmar's Bid, an additional $0.04 mathematical error resulted from a
handwritten line item for 2827 Venetian. Kenmar's total Base Bid total of $2,012,570.30 is $2,012,570.39 when
calculated manually.
In conclusion, the final written totals for Base Bid and Bid Additive #1 agree with the written totals in the Schedule
Proposal and Schedule of Bid Items (Bid Form) and the individual totals should not affect the Lump Sum Base
Bid. There were no inconsistencies noted in the Bid Additive Line items.
Please include this information in Kenmar's bid award recommendation file.
If anyone has questions or comments, please let me know.
THANKS!
Deborah
Deborah Murphy Lagos & Associates, LLC
4635 Alisa Circle NE
Saint Petersburg, FL 33703
727.631.1553
deborah.muir h om
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Key Vest iliterncatlonal Airport Nlo se InsWation Program
Construction of KA'VB 1 S "Pilot Project"
BUIldil?g i? F1r_�cns 1 8, 2 ala( "TV O (2) Single Family Homes,
SI=C I I GIN "
AC FOR CHANG O
TO: Monroe County Board of Commissioners Key West. F lorida
RE=F: K ey West international ,Lir ort teaise lns u€at i _on Program Construction of
KVVBTS "Pilot_ Project" Building B Floors T & _2 and Tvdo (2) Single Farn €lei
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In order to geoid the necessity of extensive amendments to the referred `.ontraci. the
undersigned acknowledges hereby that the following conditions are those for which change
orders are allowed render the Sid Lat
1. Unusual and difficult circumstances vsehich arose during the course of the
execution of the contract which could not have been reasonably foreseen.
2. Where competitive bidding for the new � for new money v, t•vork to the
serious del, r3nnent of the 2VV,1fding authority.
o. Frnergencies arising durng the course of the work.
4. Changes or alterations provided far in the onaina! €yid and originals contract.
Ccntracta��: ��
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Title:
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CONTRACT
!i - 12
Key West International Airport Noise Insulation Program
Construction of KVVBTS ''Riot Project"
Building B Floors 1 & 2 and Two (2) Single Family Homes
ACKNOWLEDGMENT FOR CHANGE ORDERS
TO: Monroe County Board of Commissioners Key West, Florida
REF: Key Nest International Airport Noise Insulation Program Construction of
KWBTS "Pilot Profect" Building B Floors I & 2 and Two (2) Single FamilV
TO ra a - S
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 on . ange
orders are allowed under the Bid Law
Contractor- h k At- p 7 - 7 , e - e- r
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CONTRACT 11-12
Key West International Airport Noise Insulation Program
Construction of KWBTS "Pilot Project"
Building B Floors 1 & 2 and Two (2) Single Family Homes
SECTION D
CONTRACT
Key West International Airport Noise Insulation Program Construction of KWBTS
"Pilot Protect" Building B Floors 1 & 2 and Two (2) Single Family Homes
THIS AGREEMENT made and entered into the day of September , 2017, by and
between
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:
Key West International Airport Noise Insulation Program Construction of KWBTS "Pilot
Project" Building B Floors 1 & 2 and Two (2) Single Family Homes
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 Two - hundred and thirty -five (235) 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 Two million twelve thousand five hundred seventy and 39/100
Dollars
($ 2,012,570.39 ) in accordance with lump sum and unit prices set forth in
the proposal.
4. On or before the 15 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 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
CONTRACT II -13
Key West International Airport Noise Insulation Program
Construction of KWBTS "Pilot Project"
Building B Floors 1 & 2 and Two (2) Single Family Homes
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: 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.
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CONTRACT II -14
Key West International Airport Noise Insulation Program
Construction of KWBTS "Pilot Project"
Building B Floors 1 & 2 and Two (2) Single Family Homes
(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 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
CONTRACT II -15
Key West International Airport Noise Insulation Program
Construction of KWBTS "Pilot Project"
Building B Floors 1 & 2 and Two (2) Single Family Homes
the COUNTY at the time of execution of this Agreement and certified copies provided if
requested. Each policy certificate shall be endorsed with a provision that not less than
thirty (30) calendar days' written notice shall be provided to the COUNTY before any
policy or coverage is canceled or restricted. The underwriter of such insurance shall be
qualified to do business in the State of Florida. If requested by the County
Administrator, the insurance coverage shall be primary insurance with respect to the
COUNTY, its officials, employees, agents and volunteers. Failure of
CONTRACTOR to comply with the requirements of this section shall be cause for
immediate termination of this agreement.
11. NON - WAIVER OF IMMUNITY: Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of COUNTY and CONTRACTOR in this Agreement
and the acquisition of any commercial liability insurance coverage, self- insurance
coverage, or local government liability insurance pool coverage shall not be deemed
a waiver of immunity to the extent of liability coverage, nor shall any Agreement
entered into by the COUNTY be required to contain any provision for waiver.
12. NO PLEDGE OF CREDIT CONTRACTOR shall not pledge the COUNTY'S credit or
make it a guarantor of payment or surety for any contract, debt, obligation,
judgment, lien, or any form of indebtedness. CONTRACTOR further warrants and
represents that it has no obligation or indebtedness that would impair its ability to
fulfill the terms of this contract.
13. NOTICE REQUIREMENT Any notice required or permitted under this
agreement shall be in writing and hand delivered or mailed, postage prepaid, to the
other party by certified mail, returned receipt requested, to the following:
FOR COUNTY
Pedro Mercado
Assistant County Attorney
1111 12th Street, Suite 408
Key West, FL 33040
FOR CONTRACTOR
Don DeGraw, Director of Airports
Key West International Airport
3491 S. Roosevelt Blvd.
Key West, Florida 33040
Kenmar General Contracting, LLC
923 White Street
Key West, FL 33040
CONTRACT II -16
Key West International Airport Noise Insulation Program
Construction of KWBTS "Pilot Project"
Building B Floors 1 & 2 and Two (2) Single Family Homes
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.
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
CONTRACT II -17
Key West International Airport Noise Insulation Program
Construction of KWBTS "Pilot Project"
Building B Floors 1 & 2 and Two (2) Single Family Homes
against either party relating to the formation, execution, performance, or
breach of this Agreement, COUNTY and CONTRACTOR agree to
participate, to the extent required by the other party, in all proceedings,
hearings, processes, meetings, and other activities related to the
substance of this Agreement or provision of the services under this
Agreement. COUNTY and CONTRACTOR specifically agree that no party to
this Agreement shall be required to enter into any arbitration proceedings
related to this Agreement.
20. BINDING EFFECT: The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of COUNTY and
CONTRACTOR and their respective legal representatives, successors, and
assigns.
21. AUTHORITY: Each party represents and warrants to the other that
the execution, delivery and performance of this Agreement have
been duly authorized by all necessary County and corporate action, as required
by law.
22. PRIVILEGES AND IMMUNITIES: All of the privileges and immunities
from liability, exemptions from laws, ordinances, and rules and pensions and
relief, disability, workers compensation, and other benefits which apply to the
activity of officers, agents, or employees of any public agents or
employees of the COUNTY, when performing their respective functions
under this Agreement within the territorial limits of the COUNTY shall apply
to the same degree and 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 n
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 L)
statutory duties of the COUNTY, except to the extent permitted by the Florida
constitution, state statute, and case law. E
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 E
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.
CONTRACT II -18
Key West International Airport Noise Insulation Program
Construction of KWBTS "Pilot Project"
Building B Floors 1 & 2 and Two (2) Single Family Homes
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.
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:
a) Title VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits
discrimination on the basis of race, color or national origin;
b) 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;
c) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794),
which prohibits discrimination on the basis of handicaps;
d) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107)
which prohibits discrimination on the basis of age
e) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended,
relating to nondiscrimination on the basis of drug abuse;
f) 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;
g) 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;
h) 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;
i) 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 -19
Key Yle�st Inleinational Air nort, lftse Insulation Piogram
Construction of KW T; "Pilot Project"
Building B Floors 1 8, 2 and Two (2) Single Family Hoines
(Coniractor,6 (Monroe County Board of Commissioners)
BY' Vickr Marino
STATE OF Florida
COUNTY OF Monroe
By
1. the undersigned authority, a Notary Public, in and for said County and State, hereby certify
that
Vicki Marino
President
whose name as
--- K - en - rTTFrGe - n - e - r - a7C - o - ntr - acting, LLC
- of signed 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 or, the
date the same bears date
Given under rny hand and seal this -V.%
day o f August
IYen . C) Ah9c-L4
Notary Public SigrTatt
*VVI is authorized by the corporation to execute this contract
I
COLLFEEN CCMROY
My COMMISS ION # FF927903
&
EXPKES Ockotw 15 2019
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CONTRACT 11-20
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