Item C10AGENDA ITEM SUMMARY
Meeting Date: July 15, 2015 Division: County Administrator
Bulk Item: Yes XX No Staff Contact Person: Don DeGraw/Pedro Mercado
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ITEM BACKGROUND: The county held a bid opening on May 5, 2105 following the issuance of a
notice of competitive solicitation for the drainage reconstruction project at KWIA. The drainage
reconstruction project consists of the construction of catch basins, manholes, pipe, and exfiltration
trench on the east side of the commercial apron at KWIA. The intent of the project is to alleviate
flooding on the airfield during storm events. There were 2 respondents to the county's solicitation (see
attached bid tab). The low bidder, Toppino's, has been determined to have submitted the most
responsive and responsible proposal and staff is recommending that the bid be awarded to Toppino's,
Staff has also come to an agreement with Toppino's on the terms and conditions of the contract
therefore staff is also recommending approval of the contract at this time.
PREVIOUS RELEVANT BOCC ACTION: Previously rejected all bids and authorized re -bidding
at the June 6, 2014 regularly scheduled meeting when the bids were all found to have exceeded the
budget for the project. Rejected all bids and authorized re -bidding at the November 18, 2014 regularly
scheduled board meeting due to an ambiguity in the DBE requirements. Accepted the FAA grant on
September 27, 2013.
a & I
U -21, 11!11'11%-
ITIOUJIM
Approval
I A OW Big 10
FURFOHMUTFA
APPROVED BY: County Arty OMB/Purchasing C-0
DOCUMENTATION: hiclu red XX Not Required
Revised 2/05
Risk Management Wl:�r
JACOBS
245 Riverside Avenue
Suite 300
Jacksonville, Florida 32202
1 ,904,636.5432 Fax 1 904 636.5433
Don DeGraw
Airport Director
Key West International Airport
3491 South Roosevelt Blvd.
Key West, FL 33040
Re: GAKA158 - Drainage Reconstruction Project
Bid Tabulation and Award Recommendation
A public bid opening was held on May 5, 2015 for the above subject project. The project consisted of a
Base Bid and three (3) Additive Bids. A total of two (2) bids were received. From the submitted
proposals Jacobs has compiled the unit prices and bid amounts in the attached Bid Tabulation Matrix.
The following provide list provides the value of the Base Bid proposal provided for each of the two
bidders along with the Engineer's Estimate:
Engineer's Estimate $348,62150
Charley Toppino & Sons, Inc. $294,60175
DN Higgins, Inc. $384,43U0
Based on our review of the bid prices, available funding, and contingent upon Monroe County's legal
review of the proposer's bid documents, Jacobs recornmends awarding the Base Bid to Charlie Toppino
& Sons, Inc. for a total contract value of $294,602.75. 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: Jacobs Bid Tabulation Matrix
cc: Ryan Forney/Jacobs
Chris Bowker/Jacobs
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Contract Purpose/Description: Drainage reconstruction at Key West International Airport (KWIA) to
Alleviate flooding on the airfield during storm events
Contract Manager: Don DeGraw # 5200 Airports - Stop # 5
(name) (Ext.) (Department/ Stop)
for BOCC meeting on: 7/15/2015 Agenda Deadline: 6/30/201W
WOMM-7341MOMP
Total Dollar Value of Contract: $294,602.75 Current Year Portion: $294,602.75
Budgeted? yes Account Codes: 404-630176-560630-GAKA158
Grant: FAA 90% ($265,142.48)/FDOT 5% ($14,730.14)
County Match: 5% ($14,730.14)
ADDITIONAL COSTS
Estimated Ongoing Costs: For:
(not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
Date In
Needed
Yes No
Airports Director
Risk Management
O.M.B./Purchasing
County Attorney —1 1
D eGra
c isk Mana en
for
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6'��y Attorn,ey------
001rox,
CONTRACT
Key West International Airport 03/15
Monroe County
Drainage Reconstruction
Project No. GAKA 15 8
001911�11
SECTION & - PUBLIC COUSTRUCTIOU BOND ........................................................................ 11-3
FQQ CW,&NGE 01.2,DE2S - ............................................ 11-1-5
SECTION D - CONTRACT .............................................................................. ....... 11-16
CONTRACT 11-2
Key West International Airport 03/15
Monroe County
Drainage Reconstruction
Project No. GAKA158
By this Bond, We Charley Toppiim & Sons, lnc, as Principal, whose
principal business address is US HighwaV 1, MM 8.5 Rockland Key, Key West, FL, as corporation-,
Insurance Corn2any, as Surety, are bound to Monroe County hereinafter called County, in
the sum of U.S. Dollars $294, 602.75 (Minimum 100% of total bid amount) for
payment which we bind ourselves, our heirs, personal representatives, successors, and assigns,
jointly and severally.
E
1. Performs the contract dated, 2015 between Principal and County for construction of
Drainaqe Reconstruction 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 11-3
H,inOVRI
Key West International Airport 03/15
Monroe County
Drainage Reconstruction
Project No. GAKA 15 8
(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 rate 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.
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
CONTRACT 11-4
Key West International Airport 03/15
Monroe County
Drainage Reconstruction
Protect No, GAKA 158
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)l . 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:
To: (Name and address of claimant
You are notified that the undersigned contests your notice of nonpayment, dated
and served on the undersigned on
and that the time within which you may file suit to
enforce your claim is limited to 60 days after the date of service of this notice.
DATED on
Signed: (Contractor or Attorney)
The claim of any claimant upon whom such notice is served and who fails to institute a suit M
enforce his or her claim against the payment bond within 60 days after service of such notice sh
be extinguished automatically. The clerk shall mail a copy of the notice of contest to the claima
at the address shown in the notice of nonpayment or most I
CONTRACT 11-5
Key West International Airport 03/15
Monroe County
Drainage Reconstruction
Project No, NARA 158
recent amendment thereto and shall certify to such service on the face of such notice and
record the notice. Service is complete upon mailing.
2an a a
a
-as
(b) When a person is required to execute a waiver of his or her right to make a claim against �h
payment bond in exchange for, or to • payment of, a progress payment, the walvi
may be in substantially the following •
M a Lemm =6-2 a-m & 1:4 to I
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 date)_to insert
the name Of your customer) on the job of (insert the name of the owner], or improvements to the
following described project:
This waiver does not cover any retention or any labor, services, or materials furnished after the date
specified.
CONTRACT 11-6
Key West International Airport 03/15
Monroe County
Drainage ReconStl-L[Ctiffll
Project No. GAKA 15 8
(Claimant)
By: — —. -
(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:
LVITITAITNI PK01 = OKI [elm I E
5 01"WINYWIVIll"TIMIN
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
By:
(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 11-7
Key West International Airport 03/15
Monroe County
Drainage Reconstruction
Project No. GAKA 158
(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 ON is that if Principal:
1. Performs the contract dated - I - , 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.
DON
(Name of Principal)
By As Attorney in Fact)
(Name of Surety)
(4) The payment bond provisions of all bonds required by subsection (1) shall 1-1-M
construed and deemed statutory payment bonds furnished pursuant to this section and su
bonds shall not under any circumstances be converted into common law bonds. I
CONTRACT 11-8
Key West International Airport 03/15
Monroe County
Drainage Reconstruction
ProjectNo. GAKA t58
(5)ln 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 • number and shall contain referencs
to the notice and time limitation provisions in subsection (2).
(7)ln 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 11 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 th-A
appropriate state, county, city, or other political subdivision.
(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 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 • 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
CONTRACT 11-9
Key West International Airport 03/15
Monroe County
Drainage Reconstruction
Project No. GAKA158
political subdivisions from equitable claims and equitable remedies. The provisions of this
gubsection 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 tA-9
contractor or the surety on the payment bond or the payment provisions of a combined payme
and performance bond within 1 year after the performance of the labor or completion of delivery
the materials or supplies. An action for recovery of retainage must be instituted against th
I
contractor or the surety within 1 year after the performance of the labor or completion
delivery of the materials or supplies; however, such an action may not be instituted until one of t -
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;
6*11 ]MMISMA I
(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 paragrapM
(d) is satisfied and an action for recovery of retainage cannot be instituted within the 1-yeAl
limitation period set forth in this subsection, this limitation period shall be extended until 1
*.ays after one of these conditions is satisfied.
CONTRACT 11-10
Key West International Airport 03/15
Monroe County
Drainage Reconstruction
Project No, GAKA158
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: April 10. 2015
M-
SURETY: The Hanover Insurance mom pan
— III MMIJ a
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 (1100) 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 Materia':
Payment Bonds, a Surety Company shall comply with the following provisions:
1. The Surety Company shall have a currently valid Certificate of Authority,
.ssued 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.
3. 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
bid is issued.
CONTRACT 11-11
Key West International Airport 03/15
Monroe County
Drainage Reconstruction
Project No. GAK A] 5 8
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS SAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
POWERS OF Al"TOPNEY
rFRi`lP[EO COPY
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IN WITNESS WPERFOF, THE HANOVER dSURANCE COMPANY, MASSACHUSETTS SAY INSURANCE COMPANY arid CITIZENS INSURANCE
COMPANv OF AM1RhCA have caused these presents to be sealed with thetr respoedve corporate seals, duly attested by hoo Moe Presidents,
this 26th day of November 2041. THE HANOVER INSURANCE COMPANY
MASSACHU--jTTS SAY INSURANCE COMPANY
`;I10zrz"9 It ,)�ANCE PAN OF AMERICA
1,iAE COMMONWEALTH OF MASSACHUSETTS
COUN rY OF WORCESTER
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THE HANOVER INSUP-ANCE COMPANY
MASSACHUSETTS MAY INSURANCE COMPANY
CIT17-ENS INSURANCE COMPANY OF AMEAAA
� Lp�
Key West International Airport 03115
Monroe County
Drainage Reconstruction
Project No. GAKA158
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
CONTRACT AMOUNT
REQUIRED
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
-
CLASS III
5,000,000
TO
10,000,000
A-
CLASS IV
$10,000,000
TO
25,000,000
A-
CLASS
25,000,000
TO
0,000,000
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 1I-13
Key West International Airport 03/15
Monroe County
Drainage Reconstruction
Project No. GAKA158
. . . . . . . . . . . . . . .
CONTRACT 11-14
Key West International Airport 03/15
Monroe County
Drainage Deconstruction
Project No, GA1CA158
TO: Monroe County Board of Commissioners, Key West, Florida
REF: Drainacle ReconstrUCtion KeV West International Airport
10M
In order to avoid the necessity of extensive amendments to the referred contract, the undersigneM
acknowledges hereby that the following conditions are those for which change orders a
allowed under the Bid Law: I
Unusual and difficult circumstances which arose during the course of th4
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.
0
"M
CONTRACT 11-15
Key West International Airport 03/15
Monroe County
Drainage ReconStRlCtrOrl
Project No. GAKA 158
• 11
10 D Kell 11L a M
THIS AGREEMENT made and entered into the day of
by and between Charley Toppino & Sons, 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 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:
Drainage Reconstruction
Key West International Air ort
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 hereunder within the calendar days shown below from
the Notice -to- Proceed (Construction) as per Special Provision No. 2. If other
additive bids are awarded the additional duration is also shown below.
Bid Element Duration (Days)
Base Bid 60
I The Owner hereby agrees to pay to the Contractor for the faithful performance
the agreement, subject to additions and deductions as provided in thl
specifications or proposal in lawful money of the United States as follows:
Approximately Two hundred ninety four thousand six hundred two & 75/100
Dollars ($ 294,602.75) 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 marZ.
partial payment to the Contractor on the basis of a duly certified and approva
CONTRACT [1-16
Key West International Airport 03115
M0111-0e County
Drainaue Reconstruction
Project No. CAKA158
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 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
hereincontract and in the event the construction of the work is not completed within the
time . `d, it is agreed that fromthe compensation otherwise i be
paid to the Contractor, the Owner may retain the amounts described in the
Liquidated Damages, SpecialProvision •. 3, per day for each ....: thereafter,
Sundays• •included,irk remains uncompleted,
representshall r damages • per it by
failure of - 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 defaultby the Contractor.
mutually7. It is further agreedparties hereto that if at any time after
the execution of this agreement and the surety bond hereto attached for its
faithful performance,deem the surety or . upon such
bond to be unsatisfactory, or if, for any reason, such bond ceases to be adequate
to cover. performance of •rk, the Contractor shall, at `
five (5) days after the receipt of notice from the Owner so to do, furnish an
additional /• • or bonds in such formand amount and with such surety /
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, / from the date the monies were paid to Contractor.
CON°TRACT II-17
Key West International Airport 03/15
Monroe County
Drainage Reconstruction
Project No. GAKAI 58
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, (i i) 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, .t h e 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
CONTRACT 11-18
Key Wost Io1nrou1inna]Airport 03/15
Monroe County
Drainage Reconstruction
Project No. GAKA 158
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 or
this Agreement or any earlier termination of this Agreement.
|nthe event the completion ofthe project (inc|UdiDgUhevvm[kcfothene)
is delayed
or suspended as a result of the Contractor's failure to pUnohm*e or
maintain the required insurance, the Contractor shall
indemnify the County from any and all increased expenses
resulting from such delay.
The f irst ten ($10.00) of remuneration paid to the
Contractor is for the indemnification provided for above.
The extent of liability is in no vvmy limited to, reduced, or
lessened by the insurance requirements contained e|38vvhena within
this agreement.
'CERTIFICATES OF INSURANCE, Original Certificates of Insurance
ihall 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
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.
CONTRACT 11-19
Key West International Airport
Monroe County
Drainage Reconstruction
Project No. GAKA 158
13. NOTICE !► Any notice required or permitted
under this agreement shall be in writing and hand delivered •'
mailed, postage prepaid, to the other party by certified mail, returned
receipt requested, to the following:
FOR COUNTY
Director of Airports
3491 South Roosevelt Blvd.
Key West, Florida 33041
Frank Toppino
President
Charley Toppino & Sons, Inc.
P.O. Box 787
Key West FL 33041
14, GOVERNING LAW. VENUE, -AND INTERPRETATION,: This Agreeme
shall be governed • and construed in accordance with the laws of t
State of Florida applicable to Agreements made and to be perform
entirely in the State. In the event that any cause of action
administrative proceeding is instituted for the enforcement
interpretation of this Agreement, the COUNTY an
CONTRACTOR agree that venue will lie in the appropriate court
before the appropriate administrative body in Monroe COUNTY, Florid
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 •` in accordance with the Florida Rules of Civil
Procedure and usual and customary procedures required by thi-I
circuit court of Monroe County.
16, SEVERABILITY: If any term, covenant, condition or provision of this
Aaree ent (or the a•ol2cation thereof '• any circumstance or
person) shall be declared invali-4
court of competent jurisdiction,
conditions and provisions of this
• and each remaining
or unenforceable to any extent • a
the remaining terms, covenants,
+• shall not •- affected
term, covenant, condition and
CONTRACT 11-20
They West International Airport 03/15
Monroe County
Drainage Deconstruction
Project No. CARA 158
provision OT MIS Agreemen7s-MM-e valia ana s a e en
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 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.
0`0. BINDING EFFECT: The terms, covenants, conditions, and provisions of thLS
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.
CONTRACT 11-21
Key West International Airport 03/15
Monroe County
Drainage Reconstruction
Project No, GAKA 158
t'2. 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 performancs
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 Agreeme
is not intended to, nor shall it be construed as, relieving a
participating entity from any obligation or responsibility imposed up
the entity by law except to the extent of actual and timely performan
thereof by any participating entity, in which case the performance may
offered in satisfaction of the obligation or responsibility. Further, th
Agreement is not intended to, nor shall it be construed as, authorizi
the delegation of the constitutional or statutory duties of the COUNT
t except to the extent permitted by the Florida constitution, state statull.
zi4 c,,ise lzw.
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 instrumen)
and COUNTY and CONTRACTOR hereto may execute this Agreement by
signing any such counterpart.
CONTRACT 11-22
Key West International Airport 03/15
Monroe County
Drainage Reconstruction
PrQj set No, GA KAI 5 8
CONTRACT 11-23
Key West International Airport 03/15
Monroe County
Drainage Reconstruction
Project No. CARA, 158
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.
Charley Toppino & Sons, Inc.
(Contractor) (Monroe County Board of
■
By: By. -
Title: Title:
President
0-1314111' 1:
1, the undersigned authority, a Notary Public in and for said County and State hereby certi
that whose name as . of
Charley Topping & Sons, Inc. is signed to the foregoing instrument and who is known to m
acknowledged before me on this day that being informed of the contents of the withi
instrument, he, in his capacity as such, executed the same voluntarily on the date the sa -
bears date. I
Given under my hand and seal this day of -, 2015
-4
CONTRACT 11-24