Item C15 C.15
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys � � �l'U � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
September 18, 2019
Agenda Item Number: C.15
Agenda Item Summary #6003
BULK ITEM: Yes DEPARTMENT: Airports
TIME APPROXIMATE: STAFF CONTACT: Richard Strickland (305) 809-5200
no
AGENDA ITEM WORDING: Approval to waive bid irregularities and award bid and execute
contract with General Asphalt Company, Inc., in the amount of $9,691,602.25 to Rehabilitate
Taxiway A at the Key West International Airport. The project is being funded by FAA grant 37-60
(90%), FDOT Grant G0I56 (5%), and PFC 418 (5%).
ITEM BACKGROUND: There was a typographical error on General's bid response form, but they
remain the low bidder. General incorrectly tallied the total amount of the unit pricing.
The age of the taxiway pavement combined with increased traffic and aircraft size has resulted in the
need to rehabilitate Taxiway A that runs parallel to Runway 9-27, along with the stub taxiways to
and from Runway 9-27, and the parking aprons. The project also includes modifying taxiway
geometries to conform with the latest FAA standards, and rehab of the taxiway lighting system
including replacement of taxiway edge light fixtures. The bid opening was held on June 6, 2019, and
two bids received. General Asphalt is the low bidder as ABC Construction's bid was
$11,791,921.50.
PREVIOUS RELEVANT BOCC ACTION: On February 20, 2019, the BOCC granted approval
to advertise the bid solicitation.
CONTRACT/AGREEMENT CHANGES:
new agreement
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
General Asphalt - EYW Taxiway A Rehab.
FINANCIAL IMPACT:
Packet Pg. 310
C.15
Effective Date: Upon Notice to Proceed(NTP)
Expiration Date: 200 Calendar days from NTP
Total Dollar Value of Contract: $9,691,602.25
Total Cost to County: -0-
Current Year Portion: -0-
Budgeted:
Source of Funds: FAA grant(90%)/FDOT grant 5%/PFC #18 (5%)
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: yes
Additional Details:
09/18/19 406-63603 - PASSNGER FACILITY CHG 40 $484,580.11
REVIEWED BY:
Richard Strickland Completed 08/29/2019 1:33 PM
Pedro Mercado Completed 08/29/2019 2:33 PM
Budget and Finance Completed 08/29/2019 4:38 PM
Maria Slavik Completed 08/30/2019 8:59 AM
Kathy Peters Completed 09/03/2019 10:59 AM
Board of County Commissioners Pending 09/18/2019 9:00 AM
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C.15.a
JACOBS
NONNONSWUNNum 1
200 W. Forsyth Street
Suite 1520
Jacksonville,Florida 32202
1.904,636,5432 Fax 1,904,636,5433
Richard Strickland June 12, 2019
Airport Director
Monroe County Airports
Key West International Airport
3491 South Roosevelt Blvd.
3
Key West, FL 33040 X
Re: Key West International Airport
Rehabilitate Taxiway A—Bid Results
GAKA163
U)
Dear Richard,
A public bid opening was held on June 6, 2019 for the above subject project. The project consisted of a 0
Base Bid and Bid Alternate#1. From the submitted proposals Jacobs has compiled the unit prices and bid
amounts in the attached Bid Tabulation Matrix. In reviewing the bid tabulation, we did find a `d
typographical error in the received bids as noted on the bid tabulation. The error was limited to General
Asphalt Company, Inc. and did not affect the results.
The contractor's unit prices that were significantly higher than those found in the engineer's estimate and
are broken down into four categories:
Category Percent
Increase
X
Bituminous Surface Course 16%
Drainage Structures/Pipe 300%
Electrical Structures/Conduits 150%
CL
Electrical Signs 85% U)
The engineer's estimate unit prices were based on those submitted for the EYW Rehabilitate Runway 9-
27 project in June 2017. The unit price increases from 2017 to 2019 were more than anticipated.
From the values represented in the attached bid tabulation the following is a summary of the bid results.
Proposer Base Bid Bid Alternate#1 Base Bid+Bid
Alternate#1
Engineer's Estimate $6,905,003.50 $85,000.00 $6,990,003.50
General Asphalt Company, Inc $9,691,602.25* $175,000.00 $9,866,602.25
ABC Construction, Inc. $11,791,921.50 $175.000.00 $11,966,921.50
*Bid form contained typographical error
Based on our review of the bid prices and contingent upon Monroe County's legal review of the
proposer's bid documents and funding availability, Jacobs recommends the Base Bid and Bid Alternate
1
Packet Pg. 312
C.15.a
EL
JACUESWON,
200 W.Forsyth Street
Suite 1520
Jacksonville, Florida 32202
1.904,636„5432 Fax 1.904.636.5433
#1 be awarded to General Asphalt Company, Inc. If you have any questions or require any additional
information,please do not hesitate to contact us.
sinct.,l-ely,
l..asa Ennis, P.E.
Project Manager
Encl: Monroe County Purchasing Office Bid Tabulation, CL
Jacobs Bid Tabulation Matrix U)
cc: Ryan Forney/Jacobs
Chris Bowker/Jacobs
cv
3
X
CL
U)
4i
2
Packet Pg. 313
BID TABULATION C.15.a
REHABILITATE TAXIWAY A
KEW WEST INTERNATIONAL AIRPORT
PROJECT NO.GAKA163 Bid Opening Date:June 6,2019
Engineer's Estimate I General Asphalt Company,Inc ABC Construction,Inc.
Item Bid item Description Unit Quantity Unit Price Total Amount Unit Prime Total Amount Unit Price Tmtei Amount
No. {DollarsCents) (Dollars-Cents) (Dollars-Cents) (Dollars-Canis) (Dollars-Cents) (Dollars-Cents)
Base Bid
i C-100-1 Contractor Quality Control Program(CQCP) LS 1 $ 150,000.00 $150,000.0 $25000 00 S25,0000 $300,000.0 S300,000
Control .0
2 C-102-1 Siftation LS 1 $ 60,000.00 $60,000.0 $10,000.00 $10,000.0 $20,0000 $20,000.0
3 C-102-2 to telko on,Maintenance.and Removal of Silt Fence LF 800 S 8DO S6400.0 S5,00 S4,000,00 $3,70 52,960.
4 C-105-1 Mobilization LS 1 $ 6t9,498.50 3619,418.5 $2 300,000,00 32,300,000,0 $2.879,6300 $2...
3300
5 SP-12-1 Standb Time HR 20 $ 1,000.00 S20.000.0 $100,00 S2,000.00 $300.00 $6,000.
6 P-101-1 Pavement Removal Full De th BY 6,500 S 6.00 S52.000.0 $14,00 S91 000.0 $11.72 S76.180.0
7 P-101-2 Bituminous Pavement Patchin 2"De th SY 680 $ 50.00 S34.000.0 S61.00 841,4800 $83.00 658,440.
8 P-101-3 Bituminous Pavement Patching(Full De th1 SY 1,100 $ 70.00 $77,0000 $95.00 SIU4,500. $10700 S11?700.0
9 P-101-4 Variable Pavement Milling112"-2"D¢th BY 22,645 $ 6.00 S135,870p 34.15 S93,976.7 $2000 S452,900.0
10 P-101-5 Variable Pavement Milling 2"-3"Depth) BY 15,180 $ 8,00 $121,440.G S5,35 $61,21300 $19.85 $301,323,D
kin
11 P-101-6 Pavement Mare moval Re (High-Pressure Water) SF 1,100 $ 10.00 511,000,0 $3 50 $3.65010 $6.00 $6.600.0
12 P-101-7 istin Drainaoe SP oval LF 220 $ 50.00 S11,0000 S13800 $30,36000 $1150 $25,300.0
13 P Ex ana¢ Removal EA 4 $ 3.000.00 S12,000 Oil 53,48000 $13,9200 $10 OOD 00 540.0000
14 P-152-1 Unclassified Excavation Cy- 4,680 $ 30,00 S140.400.0 54700 $219.96000 $3900 $182,52000
15 P-152-2 UnsOitehle F_xcavaiion CV Soo $ 40.00 S20.000.0 S9000 $45.000 Of S7428 S37.140.
16 Abandon Pipe with Controlled Low-Strength Material CV 50 $ 200.00 SIT0000 $30000 $15.00000 $24300 S12,1500.
P-1531 CLSM
17 P-211-1 Lime Rock Base Course CV 2,500 $ 100.00 S2504WOA( S10000 S250.0 00 $8219 5V19-o:
i8 P-211-2 Rework Lime Rock Base Course SY 8,950 S 1200,. S107,4000 S100 $8,95000 $1000 S89300.OK
19 P401-1 Bituminous Sell-Course TON 14.675 5 185.00 S2.714,B75.OK 1'DO S3,155.1250 S309001 S4,53ifil0
20 P-501-1 Cement Concrete Pavement,13"Thick SY 340.$ 300,00 $102,000.0 $20000 $68.0000 $159 on S54060.0
21 P-602-1 Emulsified m2halt Prime Coat GAL 4.200 $ 5.00 $21,000.0 $10.00 $42.000,0 $6.1D S25.6200
22 P-603-1 Emulsified As halt Tack Coat GAL 5,100 $ 5.00 S25,50DI $8.D0 $40.9000 $760 S387600
23 P-620-1 Ret7ecOve PavementM.,kLa with Glass Dead. SF 14.400 $ 3.00 S43,20p O $t 35 $19.440-0 51.30 $16 720.0
24 P-620-2 Non-Reflective Pavement Markin SF 19.000 S 2.00 S38.0000 $1.25 S23.7500 $1.10 S20,900.00
25 1 Te ra Pavement Markin SF 15,000 5 2.00 S30000.0 $1.25 $18.750.00 S1.10 516.500.0C
26 D-701-1 24"Class V Re i-forced Concrete Pie LF 540 $ 25000 S135.000. $35500 S191,700. S297.00 $160,360.
27 D-751-1 Catch Basin.FDOT Type
D EA 2 S 3.000.00 56.000.0 Si2,000.0 $24,000.0 520,000.OU S40.000A a
Ba 28 0-751-2 Aircraft Rated Catch sin EA 3 S 4,500.00 S13.500.0 $18,000.0 S54000 Or $20,000A S6o.0000 T
29 D-751-3 FDOTType J Manhole 5'Diameter EA 2 S 3.000-00 $6'WO.0 S12,000.00 $24.0000 S20.000.0 S40,o0229 3
30 L-107-1 Relocated Supplemental Wind Cone on New EA 1 $ 15,000DO $15.Dom S6,00000 $6,00000 $?200D0 $7200-0
Foundation M
N
31 L-107-2 Demolish Existin Su lemental Wind Cone EA 1 S 1.090.00 $1.000.0 $20000 $2,00000 $962,00 $9820C H
32 L-108-1 No.8 AWG,5kV,L-824 Type C Cable,Installed in LF 20,000 $ 3.00 $60000,0 $2,00 540000 0 $1,65 $33 WOO
Duct Bank or Conduit
No.2 AWG,Solid,Bare Capper Counterpoise Who,
W
33 L-108-2 Installed Above the Duct Bank or Conduit,Including LF 13,000 $ 5.00 565,0000( $3,00 S39000.0 $2.70 $35,1 DO O(
GonnectlonslTerminatlen5 N
L
No.110 AWG,Bare Copper Guard Wire,Installed a
34 L-168-3 Above the Duct Bank or Conduit,Including LF 1,350 S 7.00 $9.45O.DO $6.00 $8.100.00 $6.00 $8,100 Ot a
Connactians7Terminations
No. AWG,600V Cable Installed in Duct Bank or
35 L-1084 Cond6 A ,bit LF 6,200 $ 4.00 $32,800.0 $2.00 516,4000 $1.75 $14.350.0 0)
No.10 AWG,600V Cable,Installed in Duct Bank or 0)
36 L-108-5 LF 800 $ 3.50 $2.800.0 $2.00 $1,6000 $120 $96o0r
Conduit
37 L-108-6 No.6 AWG,Insulated,Stranded Equipment Ground, LF 2,000 $ 4.00 $8.000.0 $3.00 S6,000.00 S1.75 $3,500.0( r
I nslallad in Duct Bank or Coral oil N
38 L-108-7 1AV I.x I I Lou-,Copper Clad Ground Rod EA 31 $ 200EO $u,1oO.dd 11 $14.105.0 U&I.OD $14415.0
39 1 Ream Existin Duct or Conduit LF 200 S 50.00 $10,000.0 $187.0 $37,400D $1.95 $390.0
40 L-108-9 Remove Cable from Existin Conduit LF 8.600 9� 210p
0 $12.9000 IN $25.8000 S0.15 $1,290. W
41 L-108-10 6Pair#18 Shielded Control Cable LF 1,000 0 $B4OORO $4.0 $1000.00 $1.55 $1,5507
42 L-tOB-11 24 Strand Single Mode Fiber Optic Cable LF 900 0 $9.0000 $10.00 S9.000.00 $11.55 $10.395.0 4
43 L-109-1 Work in Existin Lighting Vault LS 1 0 $30.000.0 $180000 S180DOD $37,636.0 $37,636.0 L
44 L-110-1 1 W-2"Concrete Encased Electrical Duct Bank LF 300 0 $9,000.0 $43,00 S12,900,0 $27.35 $8,205 0 0)
45 L-110-2 2W-2"Concrete Encased Electrical Duct Bank LF 520 0 $18,200 0 $57.0 S29,640 0 569.10 $35,932.D
46 LA10-3 4W-2"Cpnerole Encased Electrical Duct Bank LF 300 0 $13.000.0 $80.00 S24000,0 $118.55 S35,5650 Q
47 L-1104 2W-4"Concrete Encased Electrical Duct Bank LF 200 D $10,0000 $7200 Sl4A000 S8675 S17,3500 �
48 L-110-5 1 W-2"Non-Encased Electrical Conduit LF 12.000 0 $180,000.0 $31 00 5372110110 511 00 S132.000 0 ?�
49 L-110-6 Demolish Electrical Comes or Duct Bank LF 12,000 0 $24A000( S270G S32400000 $420 550.400. 250 L-11 OA-1 I nstallation of 2"Cond oil via HDD LF 1,300 0 $39.0000( S83001 $107,900 OC S4850 cc M
51 L-115-1 Electrical Junction Can EA 1 S 1.500.00 $1,500 0( $3,OOo W S:i 00C 00 S1.527 on S1.527 0D
52 L-115-2 Electrical Junction Can Assembly EA 30 S 2.50000 575.0000( $4.000001 $120.000.00 S3.92700 $117.610.0
53 L-115-3 Demolish Existing Electrical Junction Structure EA 29 S 500.00 S14.5000( $100000 529.QUO.00 S982 Out S28.478.0C W
54 L-1154 IFAA Handhole EA 2 S 9.00000 S160000( $33,00000 S118,01)(LOO 532.70400 S65.528 AC
55 L-120-1 Tem ra Li htin LS 1 $ 25.000.00 S25.000m $116.OD000 $116.0000 535.636. S35.w6 V(
New Lighted Guidance Sign on New Sign Base,2 N
56 L-125-7 Module EA 10 S 5150000 $55,00001 $1020000 $102,0000 36,082. $60,8200C L
Q
57 L-125-2 New Lighted Guidance Sign on New Sign Bass,3 EA 21 S 6,50ODO 5136,500.0 $1255000 $263,550,0 $8,036. $168,756 a a
Modulo
New Lighted Guidance Sign on New Sign Base,6 jLp
58 L-125-3 Module EA 2 $ 11000.00 522,0000 $19,000.00 $36.000.0 $13,455. $26,9100C 0)
59 L-125-4 New L-861T L ElevatedTai Edge Li hi EA 234 S 1.500.00 S351.000.0c S1.455.00 S340,470.00 $1,673. $391,482 a
60 L-125-5 Demolish Existing Taxiway Edge L ht EA 180 8 200-00 $36.0000 813800 $24-8400 S22400 $40,3200 0)
61 L-125-6 Demolish Existin Guidance Sianand Foundation EA 34 S 500.00 5170000 555o 00 518 T00.On $662(m $22.508 0
62 L-125-7 S are L-861T L Elevated Taxiwa Ed e Li jot EA 20 S 350.00 S70000C 5162 00 S3,24000 $271.00 S5.420 DC
63 L-125-6 Tem ra Non-Illuminated Guidance Sign
EA 33 $ 3,700.00 5122,10() $2,200,00 S72,60000 $31527.00 $116,391.0 0)
64 L-125-9 Tempera Taxiway Edge L M EA 56 $ 900.00 550,400.0 $510.00 526,56000 $i,12400 $62,944.0 L
65 L-125-10 lFurmsh and Install Steel Cover EA 2 $ 200.00 $400.01 S262.00 $52400 $171.00 S342.0 V
66 L-900-t Relocate Runwe 271 LS LS 1 $ 30.000.00 $3000OD $16,500.0 S16,50D0 $11,709.00 S11,7o9.0 M
6] L-900-2 RemoveU (Air BuildingServices LS 1 $ 7,500.00 $7,500.0 $8250,00 $8,250,0 $10000. $10.OLD0 a
88 T-904-1 Sotltlln with 3"To soil SY 20,650 $ 15.00 S309,750.0 $14.69 5303,348.5 $11.75 $242.637.5
69 024116-1 Upper Air Building Demolition LS 1 $ 85000.00 585.0000 $230900 $23,00sD $50.000.00 Ship.
TOTAL BID AMOUNT-BASE BID W'W5003.5 511,]91.921.
Item Bid Item Description Unit Ouanlity Unft Ptice Total Amount unit Price Total Amount Unil Price To al Amount
No ID011am-Gentsj (D011arsLents) (Dollars-Cents) (D011a-C-ts) (D011araPrik's (Coffee Gents)
Bid Alternate#1
i L-100-1 lFunrion,unilmet.11ALCMIS LS i S 85,000.00 S85.000.00 $175.000.00 $175,000.00 S175,000.00 S175.000,
TOTAL BIB AMOUNT ALTERNATE#1 586000.0 $175,000.00 Si Di'mi A0
ATOOTALSID AMOUNT.BASE BID+BIDALTERNATE#1 56,990,003.6 $9,850.602.25 511,986,921.50
�VVV VVy
pared by:
LINE ITEM NO- Comment
General Asphalt did not muhiply the
L-1154 unit price by the quantity,The Iota)
malt was corrected to show the
actual amount
Total Bid Geneml Asphaltdldnotshow the
Amount Be..- accurate sum of all the pay items.
Bid The total bid amount was corrected to
show the accurate tote).
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C.15.a
Key West International Airport 04/19
Monroe County
Rehabilitate Taxiway A
Project No. GAKA163
SECTION D - CONTRACT
Rehabilitate Taxiway A
Key West International Airport
3
THIS AGREEMENT made and entered into the 18th day of September, 2019 X
by and between General Asphalt Co. , 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:
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:
Rehabilitate Taxiway A
Key West International Airport
Monroe County, Florida
2. That the Contractor shall commence the work to be performed under this X
agreement on a date to be specified in a written order of the Owner and shall
fully complete all work hereunder within 200 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 U)
specifications or proposal in lawful money of the United States as follows:
Approximately NINE MILLION,SIX HUNDRED AND NINiY-ONE THOUSAND AND SIX HUNDRED AND TWO AND 25/looDollars
($ 9,691,602.25 ) in accordance with lump sum and unit prices set forth
in The proposal.
4. On or before the 15th day of each calendar month, the second party shall make
partial payment to the Contractor on the basis of a duly certified and approved
estimate of work performed during the preceding calendar month by the
Contractor, less ten percent(10%) of the amount of such estimate which is to be
CONTRACT 11-19
Packet Pg. 316
C.15.a
Key West International Airport 04/19
Monroe County
Rehabilitate Taxiway A
Project No. GAKA163
retained by the Owner until all work has been performed strictly in accordance
with this agreement.
5. Upon submission by the Contractor of evidence satisfactory to the Owner that all
payrolls, material bills and other costs incurred by the Contractor in connection
with the construction of the work have been paid in full, final payment on account of
this agreement shall be made within twenty (20) days after the completion by the
Contractor of all work covered by this agreement and the acceptance of such work
by the Owner.
6. It is mutually agreed between the parties hereto that time is of the essence in this
contract and in the event the construction of the work is not completed within the
time herein specified, it is agreed that from the compensation otherwise to be U)
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 N
sum is not a penalty being the stipulated damages the Owner will have
sustained in the event of such default by the Contractor.
7. It is further mutually agreed between the parties hereto that if at any time after
the execution of this agreement and the surety bond hereto attached for its
faithful performance, the Owner shall deem the surety or sureties upon such
bond to be unsatisfactory, or if, for any reason, such bond ceases to be adequate
to cover the performance of the work, the Contractor shall, at its expense within
five (5) days after the receipt of notice from the Owner so to do, furnish an
additional bond or bonds in such form and amount and with such surety or
sureties as shall be satisfactory to the Owner. In such event, no further payment
to the Contractor shall be deemed to be due under this agreement until such new
or additional security for the faithful performance of the work shall be furnished in
manner and form satisfactory to the Owner.
8. MAINTENANCE OF RECORDS: Contractor shall maintain all books, records and
documents directly pertinent to performance under this Agreement in accordance
with generally accepted accounting principles consistently applied. Each party to
this Agreement or their authorized representatives shall have reasonable and
timely access to such records of each other party to this Agreement for public
records purposes during the term of the Agreement and for four years following
the termination of this Agreement. If an auditor employed by the County or Clerk
determines that monies paid to Contractor pursuant to this Agreement were
spent for purposes not authorized by this Agreement, the Contractor shall repay
the monies together with interest calculated pursuant to Sec. 55,03, Florida
Statutes, running from the date the monies were paid to Contractor.
9. PUBLIC ACCESS. Public Records Compliance. Contractor must comply with
Florida public records laws, including but not limited to Chapter 119, Florida
Statutes and Section 24 of article I of the Constitution of Florida. The County and
Contractor shall allow and permit reasonable access to, and inspection of, all
CONTRACT II-20
Packet Pg. 317
C.15.a
Key West International Airport 04119
Monroe County
Rehabilitate Taxiway A
Proj ect No. OAKA 163
documents, records, papers, letters or other "public record" materials in its
possession or under its control subject to the provisions of Chapter 119, Florida
Statutes, and made or received by the County and Contractor in conjunction with
this contract and related to contract performance. The County shall have the right
to unilaterally cancel this contract upon violation of this provision by the Contractor.
Failure of the Contractor to abide by the terms of this provision shall be deemed a
material breach of this contract and the County may enforce the terms of this
provision in the form of a court proceeding and shall, as a prevailing party, be
entitled to reimbursement of all attorney's fees and costs associated with that
proceeding. This provision shall survive any termination or expiration of the
contract.
The Contractor is encouraged to consult with its advisors about Florida Public
Records Law in order to comply with this provision. U)
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the
Contractor is required to:
(1) Keep and maintain public records that would be required by the County to
perform the service.
(2) Upon receipt from the County's custodian of records, provide the County with
a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by
law for the duration of the contract term and following completion of the contract if
the contractor does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records that
would be required by the County to perform the service. If the Contractor transfers U,
all public records to the County upon completion of the contract, the Contractor
shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If the Contractor keeps and
maintains public records upon completion of the contract, the Contractor shall meet
all applicable requirements for retaining public records. All records stored
electronically must be provided to the County, upon request from the County's
custodian of records, in a format that is compatible with the information technology
systems of the County.
(5) A request to inspect or copy public records relating to a County contract must
be made directly to the County, but if the County does not possess the requested
records, the County shall immediately notify the Contractor of the request, and the
Contractor must provide the records to the County or allow the records to be
inspected or copied within a reasonable time.
CONTRACT II-21
Packet Pg. 318
C.15.a
Key West International Airport 04/19
Monroe County
Rehabilitate Taxiway A
ProjectNo. GAKA163
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470.
10. HOLD HARMLESS AND INSURANCE: Notwithstanding any minimum
insurance requirements prescribed elsewhere in this agreement,
Contractor shall defend, indemnify and hold the County and the County's
elected and appointed officers and employees harmless from and against (i)
any claims, actions or causes of action, (ii) any litigation, administrative
proceedings, appellate proceedings, or other proceedings relating to any
type of injury (including death), loss, damage, fine, penalty or business
interruption, and (iii) any costs or expenses (including, without limitation, U
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 cv
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. U)
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.
i
I The extent of liability is in no way limited to, reduced, or lessened by the
insurance requirements contained elsewhere within this agreement.
CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be
provided to the COUNTY at the time of execution of this Agreement and certified
copies provided if requested. Each policy certificate shall be endorsed with a
E provision that not less than thirty (30) calendar days' written notice shall be
EE CONTRACT Il 22
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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.
X
10. NON-WAIVER OF IMMUNITY: Notwithstanding the provisions of Sec. 768.28,
Florida Statutes, the participation of COUNTY and CONTRACTOR in this
Agreement and the acquisition of any commercial liability insurance coverage, self-
insurance coverage, or local government liability insurance pool coverage shall
not be deemed a waiver of immunity to the extent of liability coverage, nor shall
any Agreement entered into by the COUNTY be required to contain any provision U)
for waiver.
11. NO PLEDGE OF CREDIT: CONTRACTOR shall not pledge the COUNTY'S
credit or make it a guarantor of payment or surety for any contract, debt,
obligation, judgment, lien, or any form of indebtedness. CONTRACTOR further
warrants and represents that it has no obligation or indebtedness that would
impair its ability to fulfill the terms of this contract.
12. NOTICE REQUIREMENT: Any notice required or permitted under this
agreement shall be in writing and hand delivered or mailed, postage prepaid, to
the other party by certified mail, returned receipt requested, to the following:
FOR COUNTY: CONTRACTOR:
Richard Strickland Robert Lopez, President X
mmM General Asphalt Co. , Inc.
Eey West International Airport 4850 NW 72 Avenue
3491 So. Roosevelt Blvd. Miami, FL 33166
Key West,
Florida 33041 CL
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0011, 4 J
FOR A
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13. GOVERNING LAW VENUE AND INTERPRETATION: This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida
applicable to Agreements made and to be performed entirely in the State. In the
event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the COUNTY and
CONTRACTOR agree that venue will lie in the appropriate court or before the
appropriate administrative body in Monroe COUNTY, Florida.
a
14. MEDIATION: The COUNTY and CONTRACTOR agree that, in the event of
conflicting interpretations of the terms or a term of this Agreement by or between
any of them the issue shall be submitted to mediation prior to the institution of
any other administrative or legal proceeding. Mediation proceedings initiated and
conducted pursuant to this Agreement shall be in accordance with the Florida
Rules of Civil Procedure and usual and customary procedures required by the U)
circuit court of Monroe County.
15. SEVERABILITY: If any term, covenant, condition or provision of this Agreement
(or the application thereof to any circumstance or person) shall be declared
invalid or unenforceable to any extent by a court of competent jurisdiction, the cv
remaining terms, covenants, conditions and provisions of this Agreement, shall
not be affected thereby; and each remaining term, covenant, condition and
provision of this Agreement shall be valid and shall be enforceable to the fullest
extent permitted by law unless the enforcement of the remaining terms,
covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The COUNTY and
CONTRACTOR agree to reform the Agreement to replace any stricken provision
with a valid provision that comes as close as possible to the intent of the stricken
provision.
16. ATTORNEY'S FEES AND COSTS: COUNTY and CONTRACTOR agree that in
the event any cause of action or administrative proceeding is initiated or
defended by any party relative to the enforcement or interpretation of this
Agreement, the prevailing party shall be entitled to reasonable attorney's fees
and attorney's fees, in appellate proceedings. Each party agrees to pay its own U)
court costs, investigative, and out-of-pocket expenses whether it is the prevailing
party or not, through all levels of the court system.
17. ADJUDICATION OF DISPUTES OR DISAGREEMENTS: COUNTY and
CONTRACTOR agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of each of
COUNTY and CONTRACTOR. If no resolution can be agreed upon within 30
days after the first meet and confer session, the issue or issues shall be
discussed at a public meeting of the Board of County Commissioners. If the
issue or issues are still not resolved to the satisfaction of COUNTY and
CONTRACTOR, then any party shall have the right to seek such relief or remedy
as may be provided by this Agreement or by Florida law.
18. COOPERATION: In the event any administrative or legal proceeding is instituted
against either party relating to the formation, execution, performance, or breach
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of this Agreement, COUNTY and CONTRACTOR agree to participate, to the
extent required by the other party, in all proceedings, hearings, processes,
meetings, and other activities related to the substance of this Agreement or
provision of the services under this Agreement. COUNTY and CONTRACTOR
specifically agree that no party to this Agreement shall be required to enter into
any arbitration proceedings related to this Agreement.
19. BINDING EFFECT: The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of COUNTY and CONTRACTOR
and their respective legal representatives, successors, and assigns.
20. AUTHORITY: Each party represents and warrants to the other that the
execution, delivery and performance of this Agreement have been duly
authorized by all necessary County and corporate action, as required by law. U
21. PRIVILEGES AND IMMUNITIES: All of the privileges and immunities from
liability, exemptions from laws, ordinances, and rules and pensions and relief,
disability, workers' compensation, and other benefits which apply to the activity of
officers, agents, or employees of any public agents or employees of the
COUNTY, when performing their respective functions under this Agreement
within the territorial limits of the COUNTY shall apply to the same degree and
extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the COUNTY.
22. LEGAL OBLIGATIONS AND RESPONSIBILITIES: This Agreement is not
intended to, nor shall it be construed as, relieving any participating entity from
any obligation or responsibility imposed upon the entity by law except to the
extent of actual and timely performance thereof by any participating entity, in X
which case the performance may be offered in satisfaction of the obligation or
responsibility. Further, this Agreement is not intended to, nor shall it be
construed as, authorizing the delegation of the constitutional or statutory duties of
the COUNTY, except to the extent permitted by the Florida constitution, state
statute, and case law.
U)
23. NON-RELIANCE BY NON-PARTIES: No person or entity shall be entitled to rely
upon the terms, or any of them, of this Agreement to enforce or attempt to
enforce any third-party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the COUNTY and the CONTRACTOR
agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or
employee of either shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities,
have entitlements or benefits under this Agreement separate and apart, inferior
to, or superior to the community in general or for the purposes contemplated in
this Agreement.
24. NO PERSONAL LIABILITY: No covenant or agreement contained herein shall
be deemed to be a covenant or agreement of any member, officer, agent or
employee of Monroe County in his or her individual capacity, and no member,
officer, agent or employee of Monroe County shall be liable personally on this
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Agreement or be subject to any personal liability or accountability by reason of the
execution of this Agreement.
25. EXECUTION IN COUNTERPARTS: This Agreement may be executed in any
number of counterparts, each of which shall be regarded as an original, all of which
taken together shall constitute one and the same instrument and COUNTY and
CONTRACTOR hereto may execute this Agreement by signing any such
counterpart.
26. NON-DISCRIMINATION: Contractor agrees that there will be no discrimination
against any person, and it is expressly understood that upon a determination by a
court of competent jurisdiction that discrimination has occurred, this Agreement
automatically terminates without any further action on the part of any party,
CL
effective the date of the court order. Contractor agrees to comply with all Federal U)
and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VI of the Civil
Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race,
color or national origin; 2) Title IX of the Education Amendment of 1972, as
amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination cv
on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended
(20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The
Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on
the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The
Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and
290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient
records; 8) Title Vill of the Civil Rights Act of 1968 (42 USC s. et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; 9)
The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe
amended from time to time, relating to nondiscrimination on the basis of disability;
10) Any other nondiscrimination provisions in any Federal or state statutes U
which may apply to the parties to, or the subject matter of, this Agreement.
27.OTHER FEDERAL CONTRACT REQUIREMENTS:
A. Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required
by Federal program legislation, which includes emergency Management
Preparedness Grant Program, Homeland Security Grant Program,
Nonprofit Security Grant Program, Tribal Homeland Security Grant
Program, Port Security Grant Program and Transit Security Grant
Program, all prime construction contracts in excess of $2,000 awarded by
non-Federal entities must comply with the Davis-Bacon Act (40 U.S.C.
§§3141-3144, and §§3146-3148) as supplemented by Department of
Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable
to Contracts Covering Federally Financed and Assisted Construction"). In
accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages
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specified in a wage determination made by the Secretary of Labor. In
addition, contractors must be required to pay wages not less than once a
week. If applicable, the COUNTY must place a current prevailing wage
determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage determination. The COUNTY must report all
suspected or reported violations to the Federal awarding agency. When
required by Federal program legislation, which includes emergency
Management Preparedness Grant Program, Homeland Security Grant
Program, Nonprofit Security Grant Program, Tribal Homeland Security
Grant Program, Port Security Grant Program and Transit Security Grant
Program (it does not apply to other FEMA grant and cooperative
agreement programs, including the Public Assistance Program), the
contractors must also comply with the Copeland "Anti-Kickback" Act (40
U.S.C. § 3145), as supplemented by Department of Labor regulations (29
CFR Part 3, "Contractors and Subcontractors on Public Building or Public
Work Financed in Whole or in Part by Loans or Grants from the United
States"). As required by the Act, each contractor or subrecipient is
prohibited from inducing, by any means, any person employed in the
construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The COUNTY must
report all suspected or reported violations to the Federal awarding agency.
(1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40
U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be
applicable, which are incorporated by reference into this contract.
3
(2) Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clause above and such other clauses as the FEMA
may by appropriate instructions require, and also a clause requiring
the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all of
these contract clauses. U)
(3) Breach. A breach of the contract clauses above may be grounds for
termination of the contract, and for debarment as a contractor and
subcontractor as provided in 29 C.F.R. § 5.12.
B. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708).
Where applicable, which includes all FEMA grant and cooperative
agreement programs, all contracts awarded by the COUNTY in excess of
$100,000 that involve the employment of mechanics or laborers must
comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department
of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act,
each contractor must compute the wages of every mechanic and laborer
on the basis of a standard work week of 40 hours. Work in excess of the
standard work week is permissible provided that the worker is
compensated at a rate of not less than one and a half times the basic rate
of pay for all hours worked in excess of 40 hours in the work week. The
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requirements of 40 U.S.C. 3704 are applicable to construction work and
provide that no laborer or mechanic must be required to work in
surroundings or under working conditions which are unsanitary, hazardous
or dangerous. These requirements do not apply to the purchases of
supplies or materials or articles ordinarily available on the open market, or
contracts for transportation or transmission of intelligence.
C. Rights to Inventions Made Under a Contract or Agreement. If the Federal
a
award meets the definition of "funding agreement" under 37 CFR §401.2
(a) and the recipient or subrecipient wishes to enter into a contract with a
small business firm or nonprofit organization regarding the substitution of
parties, assignment or performance of experimental, developmental, or
research work under that "funding agreement," the recipient or
subrecipient must comply with the requirements of 37 CFR Part 401, U)
"Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding
agency.
cv
D. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution
Control Act (33 U.S.C. 1251-1387). Contractor agrees to comply with all W
applicable standards, orders or regulations issued pursuant to the Clean
Air Act (42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control
Act as amended (33 U.S.C. §§1251-1387) and will report violations to as
FEMA and the Regional Office of the Environmental Protection Agency
(EPA). The Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water
Pollution Control Act (33 U.S.C. 1251-1387), as amended—applies to
Contracts and subgrants of amounts in excess of$150,000.
E. Debarment and Suspension (Executive Orders 12549 and 12689) -A
contract award (see 2 CFR 180.220) must not be made to parties listed on
the governmentwide exclusions in the System for Award Management
(SAM), in accordance with the OMB guidelines at 2 CFR 180 that
implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and U)
12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension."
SAM Exclusions contains the names of parties debarred, suspended, or
otherwise excluded by agencies, as well as parties declared ineligible
under statutory or regulatory authority other than Executive Order 12549.
F. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply E
or bid for an award exceeding $100,000 must file the required certification.
Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member
of Congress in connection with obtaining any Federal contract, grant or
any other award covered by 31 U.S.C. 1352. Each tier must also disclose
any lobbying with non-Federal funds that takes place in connection with
obtaining any Federal award. Such disclosures are forwarded from tier to
tier up to the non-Federal award.
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G. Compliance with Procurement of recovered materials_ as set forth in 2 CFR
200.322. CONTRACTOR must comply with section 6002 of the Solid
Waste disposal Act, as amended, by the Resource Conservation and
Recovery Act. The requirements of Section 6002 include procuring only
items designated in guidelines of the Environmental Protection Agency
(EPA) at 40 CFR part 247 that contain the highest percentage of
recovered materials practicable, consistent with maintaining a satisfactory
level of competition, where the purchase price of the item exceeds
$10,000 or the value of the quantity acquired during the preceding fiscal
year exceeded $10,000; procuring solid waste management services in a
manner that maximizes energy and resource recovery; and establishing
an affirmative procurement program for procurement of recovered
materials identified in the EPA guidelines.
U)
H. Americans with Disabilities Act of 1990, as amended (ADA) — The
CONTRACTOR will comply with all the requirements as imposed by the
ADA, the regulations of the Federal government issued thereunder, and
the assurance by the CONTRACTOR pursuant thereto.
cv
I. Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the
policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as
amended, shall have the opportunity to participate in the performance of
contracts financed in whole or in part with COUNTY funds under this
Agreement. The DBE requirements of applicable federal and state laws
and regulations apply to this Agreement. The COUNTY and its
CONTRACTOR agree to ensure that DBE's have the opportunity to
participate in the performance of this Agreement. In this regard, all
recipients and contractors shall take all necessary and reasonable steps in X
accordance with 2 C.F.R. § 200.321( as set forth in detail below),
applicable federal and state laws and regulations to ensure that the DBE's
have the opportunity to compete for and perform contracts. The COUNTY
and the CONTRACTOR and subcontractors shall not discriminate on the
basis of race, color, national origin or sex in the award and performance of
contracts, entered pursuant to this Agreement.
J. 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY
BUSINESSES WOMEN'S BUSINESS ENTERPRISES AND LABOR
SURPLUS AREA FIRMS
(1) If the CONTRACTOR, with the funds authorized by this Agreement, E
seeks to subcontract goods or services, then, in accordance with 2
C.F.R. §200.321, the CONTRACTOR shall take the following
affirmative steps to assure that minority businesses, women's business
enterprises, and labor surplus area firms are used whenever possible.
(2) Affirmative steps must include:
(a) Placing qualified small and minority businesses and
women's business enterprises on solicitation lists;
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(b) Assuring that small and minority businesses, and
women's business enterprises are solicited whenever they are
potential sources;
(c) Dividing total requirements, when economically
feasible, into smaller tasks or quantities to permit maximum
participation by small and minority businesses, and women's
business enterprises;
(d) Establishing delivery schedules, where the requirement
permits, which encourage participation by small and minority
businesses, and women's business enterprises;
(e) Using the services and assistance, as appropriate, of U
such organizations as the Small Business Administration and
the Minority Business Development Agency of the Department
of Commerce.
(f) Requiring the Prime contractor, if subcontractor are to
be let, to take the affirmative steps listed in paragraph (1)
through (5) of this section.
K. The Contractor shall utilize the U.S. Department of Homeland Security's
E-Verify system to verify the employment eligibility of all new employees
hired by the Contractor during the term of the Contract and shall expressly
require any subcontractors performing work or providing services pursuant
to the Contract to likewise utilize the U.S. Department of Homeland
Security's E-Verify system to verify the employment eligibility of all new
employees hired by the subcontractor during the Contract term.
U
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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.
tat"� (Monroe County Board of
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ITNESS: w WITNESS:
STATE OF
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FLORIDA o
COUNTY OF I hl�a ASSISTANT EY
Date...,
I, the undersigned authority, a Notary Public in and for said County and St
ate hereby certify
that �e42jr-Rq`" � s sige name asned to the foregoing Instrument T of
.,. 1 9 9 9 ment and who
Is known to me, acknowledged before me on this day that being informed of the contents
of the within Instrument, he, in his capacity as such, executed the same voluntarily on the
date the same bears date.
Given under my hand and seal this.2. day of & °'/ 20
Notary Public
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CONTRACT 11-31
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SECTION 110 - GENERAL INSURANCE REQUIREMENTS FOR CONTRACTORS
AND SUBCONTRACTORS
Prior to the commencement of work governed by this contract (including the pre-staging of
personnel and material), the Contractor shall obtain, at his/her own expense,
insurance as specified in the attached schedules, which are made part of this contract. The
Contractor will also ensure that the insurance obtained will extend protection to all
subcontractors engaged by the Contractor. As an alternative, the Contractor may
require all subcontractors to obtain insurance consistent with the attached schedules.
The Contractor will not be permitted to commence work governed by this contract
(including pre-staging of personnel and material) until satisfactory evidence of the
required insurance has been furnished to the County as specified below. Delays in the U'
commencement of work resulting from the failure of the Contractor to provide
satisfactory evidence of the required insurance shall not extend deadlines specified in this
contract and any penalties and failure to perform assessments shall be imposed as if the
work commenced on the specified date and time, except for the Contractor's failure to provide
satisfactory evidence.
The Contractor shall maintain the required insurance throughout the entire term of this
contract and any extensions specified in any attached schedules. Failure to comply
with this provision may result in the immediate suspension of all work until the required
insurance has been reinstated or replaced. Delays in the completion of the work
resulting from the failure of the Contractor to maintain the required insurance shall not extend
deadlines specified in this contract and any penalties and failure to perform assessments
shall be imposed as if the work had not been suspended, except for the Contractor's failure X
to maintain the required insurance.
The Contractor shall provide to the County as satisfactory evidence of the required
insurance either:
Certificate of Insurance, or U)
A certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all
insurance policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-renewal,
material change or reduction in coverage unless a minimum of thirty (30) days' prior
notification is given to the County by the insurer.
The acceptance and/or approval of the Contractor's insurance shall not be construed as
relieving the Contractor from any liability or obligation assumed under this contract or
imposed by law. The Monroe County Board of County Commissioners, its employees and
officials will be included as "Additional Insured" on all policies, except for Workers'
Compensation.
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In addition, the County will be named as an Additional Insured and Loss Payee on all policies
covering County-owned property.
Any deviations from these General Insurance Requirements must be requested in writing on
the County prepared form entitled "Request for Waiver of Insurance Requirements" and"
approved by Monroe County's Risk Manager.
To assist in the development of your proposal, the insurance coverage marked with an X°will
be required in the event an award is made to your firm. Please review this form with your
insurance agent and have him sign it in the place provided. It is also required that the bidders
sign the form and submit it with each proposal.
WORKERS' COMPENSATION & EMPLOYER'S LIABILITY
U)
Workers' Compensation DWLRC Statutory Limits
WC1 Employer's Liability ELOLW\ $100,000/$500,000/$100,000
WC2 Employer's Liability ELOLW\ $500,000/$500,000/$500,000
cv
WC3 X Employer's Liability ELOLW\ $1,000,000/$1,000,000/$1,000,000
WCUSLH U.S. Longshoremen & Harbor
Workers Act Same as Employer's Liability
WCJA Federal Jones Act Same as Employer's Liability
GENERAL LIABILITY
X
As a minimum, the required general liability coverage will include:
• Premises Operations
• Blanket Contractual
• Personal injury
• Expanded Definition of Property Damage U)
• Products and Completed Operations
Required Limits:
GL1 $100,000/person; $300,000/occurrence
$ 50,000 property damage or
$300,000 combined single limit
GL2 $250,000/person; $500,000/occurrence
$ 50,000 property damage or
$500,000 combined single limit
GENERAL PROVISIONS III-62
Packet Pg. 331
C.15.a
Key West International Airport 04/19
Monroe County
Rehabilitate Taxiway A
ProjectNo. GAKA163
$ 500,000/person; $1,000,000/occurrence
GL3 X $ 100,000 property damage or
$1,000,000 combined single limit
GL4 $5,000,000 combined single limited
Required Endorsement:
X
GLXCU Underground, Explosion & Collapse (XCU)
GLLIQ Liquor Liability
All endorsements are required to have the same limits as the basic policy. U'
VEHICLE LIABILITY
As a minimum, coverage should extend to liability for:
- Owned, Non-owned and hired vehicles
Required Limits:
VLI $ 50,000/person; $100,000/occurrence
$ 25,000 property damage or
$100,000 combined single limit
3
VL2 $100,000/person; $300,000/occurrence
$ 50,000 property damage or
$300,000 combined single limit
VL3 X $ 500,000/person; $1,000,000/occurrence
$ 100,000 property damage or
$1,000,000 combined single limit
VL4 $5,000,000 combined single limit
GENERAL PROVISIONS III-63
Packet Pg. 332
C.15.a
Key West International Airport nn/,o
Monroe County REV. 09/12
Rehabilitate Taxiway A
ProjectNo. GAKA163
MISCELLANEOUS COVERAGES
BR1 Builders' Risk Limits Equal to the risk completed project
Equal to the max. value of any one
MVC Motor Truck Cargo Limits shipment
PR01 Professional Liability $250,000/occurrence
PR02 $500,000/occurrence
X
P R03 $1,000,000/occurrence
P01-1 Pollution Liability $500,000/occurrence
P01-2 $1,000,000/occurrence
POD $5,000,000/occurrence U)
ED1 Em to ee $10,000
ED2 Dishonesty $100,000
GK1 1 Garage $300,000 $25,000/vehicle
cv
GK2 Keepers $500,000 $100,000/vehicle
GK3 $1,000,000 $250,000/vehicle
MED1 Medical $500,000/$1,000,000 Agg.
MED2 I Professional $1,000,000/$3,000,000 Agg.
MED3 $5,000,000/$10,000,000 Agg.
3
IF Installation Floater Max. Value of Equip. Installed
VLP1 Hazardous $300,000 Re uires MCS-90
VLP2 Caro $500,000 (Requires MCS-90
VLP3 Transporter $1,000,000 (Requires MCS-90
BLL Bailee Liability Max. value of property U)
HKL1 Hangar keepers' Liability $300,000
H KL2 $500,000
H KL3 $1,000,000
AIR1 Aircraft Liability $25,000,000 E
Al R2 $1,000,000
Al R3 $1,000,000
AE01 Architect's Errors & Omissions $250,000/occurrence/$500,000 Agg.
AE02 $500,000/occurrence/$1,000,000 Agg.
AE03 $1,000,000/occurrence/$3,000,000 Agg.
GENERAL PROVISIONS III-64
Packet Pg. 333
C.15.a
Key West International Airport 04/19
Monroe County
Rehabilitate Taxiway A
ProjectNo. GAKA163
WORKERS ' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
B E T W E E N
3
MONROE COUNTY, FLORIDA
AND
U)
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance, with limits sufficient to respond to the applicable state's statutes.
In addition,the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$1,000,000 Bodily Injury by Accident
$1,000,000 Bodily Injury by Disease, policy limits
$1,000,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the 3
state of Florida and the company or companies must maintain a minimum rating of A-V1 as
assigned by the A.M. Best Company.
If the Contractor has been approved by the Florida Department of Labor as an
authorized self-insurer, the County shall recognize and honor the Contractor's status. The
Contractor may be; required to submit a Letter of Authorization issued by the Department of
Labor and a Certificate of Insurance providing details on the Contractor's Excess Insurance U)
Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
GENERAL PROVISIONS III-66
Packet Pg. 334
C.15.a
Key West International Airport 04/19
Monroe County
Rehabilitate Taxiway A
ProjectNo. GAKA163
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
B E T W E E N
3
X
MONROE COUNTY, FLORIDA
AND
U)
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
cv
- Premises Operations
-Products and Completed Operations
- - Blanket Contractual Liability
- Personal Injury Liability
- Expanded Definition of Property Damage
The minimum limits acceptable shall be:
3
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per person
$1,000,000 per occurrence
$ 100,000 property damage U)
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract. In
addition, the period for which claims may be reported should extend for a minimum of twelve (12)
months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
GENERAL PROVISIONS III-67
Packet Pg. 335
C.15.a
Key West International Airport 04/19
Monroe County
Rehabilitate Taxiway A
ProjectNo. GAKA163
VEH I C LE LIAB I LIT Y
INSURANCE REQUIREMENTS
FOR
CONTRACT
B E T W E E N
3
MONROE COUNTY, FLORIDA
AND
U)
Recognizing that the work governed by this contract requires the use of vehicles, the
Contractor, prior to the commencement of work shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a minimum,
liability coverage for:
• Owned, Non-Owned and Hired Vehicles
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
X
$ 500,000 per person
$1,000,000 per occurrence
$ 100,000 property damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements. U)
GENERAL PROVISIONS III-68
Packet Pg. 336
C.15.a
NAP-01 lr2ARRID
DATE tM DMlYYI
CERTIFICATE OF LIABILITY INSURANCE 0810612019
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificale does not confer rights to the certificate holder in lieu of such endorsements.
PRODUCER OT Teresa Garrido
Collinsworth,Alter,Fowler&French,LLC PHHCONN Eal, 3D5 22-7800 FAQ% N®: 305 362-2443
8000 Governors Square Blvd
Suite301 Mss.tgarrldo caffllc.co
Miami Lakes,FL 33016 m
ILJ9VJLEWJ&FJQRQfflGCOV OE
INJUR&B A:Charter Oak Fire Ins Co 26615
INSURED INEggffig I Phigenix Insurance GR 26623
Gonoral Asphalt Company Inc. INSURER C°Travelers Indemnity Company 26658
P O Box 522308 0
Miami,FL 33166 INsuRBR
INSURER P
COVERAGES CET FIC NUM
E NUMBER:: EVIS ON BER: to
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO VVdICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Im
TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS
A X COMMERCIAL OENERALLIAMLITY EACH OCi RR°H E 1 1,000,000
CLAIMS-MADE OCCUR X X CO8063 466COF119 01101/2010 01/0112020 DA11 EjpRENTED s 300,000
ED xP s 6,000
PER A ADV INJURY s 1,000,000 LU
LU
o T,AGGR LIMIT ES PER N 2,000,000
CY X J Loc PRa s 2,000.000 m
OTHER:
B AUTOMOBILEUABILUY G IRUIEDSINGLELIMIT 1,000,000
ANY A= X 078108063 466PHX/9 01101/2019 01/0112020 LY INJURY Per na
An UT ONLY AUTOS
SCHEDULyEED❑ B Y P
X H ONLY Ix
A O ONLY I.
IMAGE
S �
C PHY
UMBRELLAUAS X OCCUR H 1,®DD,6D0
EXCESS ua6 CLAiMS-MADE UPSG417301 0110112019 0110112020 1,000,000
DEC X RETENTION$ 0
KERSCOMPENSATM14 PER OTH•-
EMPLOYERS°LIABILITY Y 4D
611
PROPRpIETORIPARTHEREXECUTIVE NIA
CL
nnC�#RdME„ I EXCLUDED?
_ MP t88
II m dmtd undar
N p ATION WE.L.DISEASE- L LIMIT
Leased/Rented QTGSOSM397964nLIO 0110112019 0110112020 w1 6000.Bed 500,000
B Equipment Floater T6308M397984TIL18 D110112019 010112020 Schedule Equip Blkt 12,416,899
DESCRIPTION OF OPERATIONS I LOCATIONS d VEHICLES([ACORD 101.Addlllanal Remaeks schedule,may be attached d mom spree Is requlrrdl
Project.Rehabilitate Taxiway A Project No.GAKA163.Certificate holder and The Monroe County Board of County Commissioners,its employees and
officials are added as additional Insured as required by written contract for the general It blla J s.Vlfatver of subrogation Is Included for 0
general liability and workers compensation policies I T
Y "
CERTIFICATE HOL
DER CANCELLATION
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
1100 Simonton Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Key West,FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
I --ACW -- I
ACORD 25(2016103) 01988-2016 ACORD CORPORATION. All rights reserved,
The ACORD name and logo are registered marks of ACOD
Packet Pg. 337
• ► 1 - g
moja 0111' , .
,. ,. Will
R. • ggg
I Mill
PRODUCER 1-800-247-7756
Molmes
.,- w• •
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,.
Murphy EL ASOOO WT)M _•.
r �
.O ;, 9207
AFFORDINGINS
Des Moines, IA 50306-9207 cz�-Ijmj�
I COMMERCIAL GENERAL UAWLITY
N P
II I� ■ OCCUR�
AC30REGATE LIMIT APPLIES PER; •
-.
AUTOMOBILELIABILITY ..�:.
ANYAUTO
OWNED SCHEDULED
AIJ7
I
III
r • n
•.ONLY AUTOS
HIRE
DNON-OWNED
AUTOS ONLY AUTOS ONLY
COMPENSATION
i
y
AND EMPLOYERS*LIABILITY
'' • • �.: 1 1 A 1
. A
• 4 1
EL.1315FASr-FA EMPLOYEE
DESCRIPTIONOF • •i
The work comp includes a waiver of Bubrogation in favor of the certificato holder and all contractors and
subcontractors as required by written contract; pgr policy terms and conditions.
PROJECT; of !A _ INTERNATIONAL AIRPORT, O,-.`. 001MY FLORIDA
KEY WEST INTERNATIONAL AIRPORT
SHOULD , DESCRIBED POLICIES
. _+
AUTHORIZEDTHE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
REPRESENTATIVE
USA
I •'l.,, R. .R 5