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Item F15�' BOARD OF COUNTY COMMISSIONERS County of Monroe ���; �,v Mayor Heather Carruthers, District 3 Mayor Pro Tem George Neugent, District 2 - Me Florida Keys RV Danny L. Kolhage, District I David Rice, District 4 Sylvia J. Murphy, District 5 County Commission Meeting November 22, 2016 Agenda Item Number: F.15 Agenda Item Summary #2291 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 ABC Construction, Inc. for Strengthen/Rehabilitate Commercial Apron at Key West International Airport in the amount of $9,250,000.00($9,100,000 base bid and $150,000 for Bid Additive 41) to be funded by FAA Grant 437 -53 (90 %), FDOT Grant#GOE46 (5 %), and Passenger Facility Charge(PFC) Application 415 (5 %). ITEM BACKGROUND: The County held a bid opening on May 24, 2016 following the issuance of a notice of competitive solicitation for Strengthen /Rehabilitate Commercial Apron at KWIA. The project consists of replacing the existing asphalt pavement with concrete pavement. The existing asphalt pavement is showing signs of severe distress including rutting and shoving. The concrete pavement will provide a more suitable operating surface for the aircraft and will have a longer service life. There were five (5) respondents to the County solicitation (see attached bid tab). The low bidder, ABC Construction, has been determined to have submitted the most responsive and responsible proposal and staff is recommending that the bid be awarded and the contract executed with ABC Construction (see attached letter). PREVIOUS RELEVANT BOCC ACTION: On April 20, 2016, the BOCC granted approval to advertise the project for bids. On October 19, 2016, the BOCC ratified and approved FAA Grant 37- 53, and FDOT Grant GOE46. CONTRACT /AGREEMENT CHANGES: Bid Award STAFF RECOMMENDATION: Approval. DOCUMENTATION: Executed Contract - ABC Construction, Inc FINANCIAL IMPACT: Effective Date: 11/22/2016 Expiration Date: 370 days from Notice to Proceed. Total Dollar Value of Contract: $9,250,000.00 Total Cost to County: Current Year Portion: Budgeted: Source of Funds: FAA 90 %( $8,325,000.00/ FDOT 5 %( $462,500.00)/ PFC's 5 %( $462,500.00) CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: N/A If yes, amount: Grant: 406 - 636156 -GAKAP 148 County Match: N/A Insurance Required: Additional Details: REVIEWED BY: Beth Leto Completed 10/28/2016 12:00 PM Pedro Mercado Completed 10/28/2016 1:38 PM Budget and Finance Completed 10/28/2016 1:44 PM Maria Slavik Completed 10/28/2016 1:55 PM Donald DeGraw Completed 10/31/2016 9:41 AM Kathy Peters Completed 10/31/2016 11:22 AM Board of County Commissioners Pending 11/22/2016 9:00 AM z W H Q a W C7 H Q V a W V Q LL Z H W 00 H W W O Q J m H x IL O O M H O O N N H Z W IL O C O C� O 9- � a w O � Z � o � C Z � O � W o a Z 0 C I W J H H 4t QJ > z' O O DO Ln NN 0 O O 0000 �m O �00 o 0 Q 00 N I T-i � M M m 0 0 L f N N r l) N Z -0 0 k.D 00 0 't 00 0') N - 0 M000,-i N 0 ON 00 Ind M D m ,--i ,--i ,--i ,--i ,--i 0 _0 _0 _0 _0 Q Q Q Q Q m (1) + + + + + m m m m m m m m m m 0 z O co o o 0 0 0 0 0 0 0 0 0 Ln Ln Ln Ln Ln m z U � W 0 J z 0 c '-' o cn V 4-J W oC C O u L +' O C U 0 U C O C Zi L � O In Q O L a-J N L +J O U N U z r m J 0 U Q Q C7 cs rn } L � l u • rn rn .r II R 0) N :3 } o Lo a = L a ° O 0 C a } L � a � J L CL } U N � CL CL p� S } } o _ o � L o s v s } } a N � U 4- S U U N p� N } c3 � s a a � U S i a � a s a rn � o — 72 72 � Q a o � o .� U — } L U o L� o > U Cf � :3 I-L a � N � } U v � Q i L 0 U LL o — L � a � a s s } V H In m O m N N O co Uk � OBS 245 Riverside Avenue Suite 300 Jacksonville, Florida 32202 1.904.636.5432 Fax 1.904.636.5433 Donald DeGraw June 9, 2016 Airport Director Monroe County Airports Key West International Airport 3491 South Roosevelt Blvd. Key West, FL 33040 Re: Key West International Airport Strengthen / Rehabilitate Commercial Apron GAKAP 145 Dear Don, A public bid opening was held on May 24, 2016 for the above subject project. The project consisted of a Base Bid and Bid Additive #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 Archer Western Construction, LLC 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 Base Bid Bid Additive #1 Base Bid + Bid Additive #1 ABC Construction, Inc. $9,100,000.00 $150,000.00 $9,250,000.00 C harle To ino &Sons, Inc. $9,748,936.25 $170,000.00 $9,918,936.25 Douglas N. Higgins, Inc. $9,923,020.00 $138,000.00 $10,061,020.00 Archer Western Construction, LLC $11,864,259.00 $125,000.00* $11,989,259.00 GLF Construction Corporation $13,359,238.00 $68,250.00 $13,427,488.00 *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 Additive #1 award to ABC Construction, Inc. If you have any questions or require any additional information, please do not hesitate to contact us. a cerely, ris Bo r, P. Project ger Encl: Monroe County Purchasing Office Bid Tabulation. Jacobs Bid Tabulation Matrix a { a cc: Ryan Forney /Jacobs Tom Schilling/Jacobs Jacobs Engineering Group Inc. 2 m � ah 2 x a - v E E - I a a oo o� wa as =ar - �a o �ci a=== E aZ. ai a E °- 0 gy m¢ � w a - 1 a E °- 0 gy m¢ � w a - Key West International Airport 11/16 Monroe County Strengthen/Rehabilitate Commercial Apron Project No. G 14 TO: Monroe County Board of Commissioners Key West, Florida REF: Strengthen /Rehabilitate Commercial Apron Key West International Airport 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: Unusual and difficult circumstances which arose during the course of the execution of the contract which could not have been reasonably foreseen. Where competitive bidding for the new work for new money will work to the serious detriment of the awarding authority. I I I III I I In CONTRACT H-1 Key West International Airport Monroe County Strengthen/Rehabilitate Commercial Apron Project No. GAKAP145 THIS AGREEMENT made and entered into the 22 day of November. 2016 by and between ABC Construction, Inc. ,Contractor, and the Monroe County Board of Commissioners, Key West, Florida, Owner. WITNESSETH: 11/16 That the Contractor, for the consideration hereinafter fully set out hereby agrees with the Owner as follows: 1. That the Contractor, shall furnish all the materials, and perform all of the work in the manner and form as provided by the following enumerated 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: Strengthen /Rehabilitate Commercial Aaron 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 Additive Bid #1 within the 370 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 Two Hundred Fifty Thousand and 0/100 Dollars ($9,250.000.00) 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 retained by the Owner until all work has been performed strictly in accordance with this agreement. { , CONTRACT II -2 Key West International Airport 11/16 Monroe County Strengthen/Rehabilitate Commercial Apron Project No. G 14 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 0) N N 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 .2 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 0 manner and form satisfactory to the Owner. 0 0 CONTRACT U-3 Key West International Airport 11/16 Monroe County Strengthen/Rehabilitate Commercial Apron Project No. G 14 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 0) N proceedings, or other proceedings relating to any type of injury N (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 .2 measures that the Federal Aviation Administration, the Transportation Security Administration or any other U) governmental agency requires by reason of, or in connection 0 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 0 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 X extent the claims, actions, causes of action, litigation, W proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, E 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 • this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination • this Agreement. 11111 � I 1pir��1=11111111 I J 0 qllr:1 1 171 CONTRACT 11-4 Key West International Airport 11/16 Monroe County Strengthen/Rehabilitate Commercial Apron Project No. G 14 delayed or suspended as a result of the Contractor's failure to purchase maintain the required insurance, the Contractor shall indemnif the County from any and all increased expenses resulting from su delay. I 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. FOR COUNTY Don DeGraw, Director of Airporl 3491 South Roosevelt Blvd. Key West, FL 33041 CONTRACT 11-5 Key West International Airport 11/16 Monroe County Strengthen/Rehabilitate Commercial Apron Project No. G 14 Elm CONTRACT U-6 Key West International Airport 11/16 Monroe County Strengthen/Rehabilitate Commercial Apron Project No. GAKAP145 party or not, through all levels of the court system. 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. OBLIGATI 23. LEGAL AND -• CONTRACT Agreement is not intended to, nor shall it be construed as, relieving Key West International Airport 11/16 Monroe County Strengthen/Rehabilitate Commercial Apron Project No. G 14 24. NON-RELIANCE BY NON-PARTIES: No person or entity shall be C3 entitled to rely upon the terms, or any of them, of this Agreement to 0 M enforce or attempt to enforce any third-party claim or entitlement < to or benefit of any service or program contemplated hereunder, 0 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 N herein shall be deemed to be a covenant or agreement of any U member, officer, agent or employee of Monroe County in his or her CF individual capacity, and no member, officer, agent or employee of .2 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. H. EXECUTION IN COUNTERPARTS: This Agreement may be executed in any number of counterparts, each • 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 • signing any such counterpart. 0 X w E 4� CONTRACT H-8 Key West International Airport 11/16 Monroe County Strengthen/Rehabilitate Commercial Apron ProjectNo. GAKAP145 27. NON-DISCRI MI NATION: Contractor agrees that ©- 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 ■© ©± part of any party, effective the date of ©> court order. Contractor agrees to comply with all Federal and Florida 0 statutes, and all local ordinances, as applicable, relating to nondiscnation. These include but are not limited to: 1) Title VI • ° w . Civil Rights Act of 1964 (PL 88-352) which prohibits discnation on the U) r- basis of race, color or national origin; 2) Title IX of the Education 0 0 Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685- 0 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 0 prohibits discrimination on ©' basis of handicaps; » °` 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 ® 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 CIq N amended, relating to confidentiality of alcohol z «# abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), = <z- 4t« relating to nondiscrimination in the sale, rental or financing . 0 of housing; ! ©- Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to ©- relating to nondiscnation on . = : r of disability; 10) Any other U) r- 0 nondiscnation provisions in _ ° : < > «>« or state statutes which may 0 apply to the parties to, or the subje« 2w° of, this Agreement. 5 CONTRACT 11-9 Key West International Airport 11/16 Monroe County Strengthen/Rehabilitate Commercial Apron Project No. G 14 By: By:_ Deputy Clerk Date: Date: Signature tol 2. & /)c- I =10 Print Narne Address: 7215 NW 7 Street Miarni, FL 33126 I E 4� CONTRACT H-10 D ate: — I