Item T1 T.1
G 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: T.1
Agenda Item Summary #6076
BULK ITEM: Yes DEPARTMENT: Airports
TIME APPROXIMATE: STAFF CONTACT: Richard Strickland (305) 809-5200
no
AGENDA ITEM WORDING: Approval to award bid and execute contract with Charley Toppino
& Sons, Inc., in the amount of $56,900.00 for demolition of the former Hertz Car Service Facility
Building at the Key West International Airport. The project is being funded by FDOT Grant
AQH10 (50%), and Airport Operating Fund 404 (50%).
ITEM BACKGROUND: Two bid were received at the bid opening held September 4, 2019.
Mike Haack Excavating in the amount of$31,000.00 and Charley Toppino & Sons in the amount of
$56,900.00. The bid from the apparent low bidder Mike Haack Excavating lacked information
requested in the request for bids for determining the responsiveness of the bidders, i.e., did not
provide list of major contracts in the past 10 years; did not provide list of equipment and plant
available; only listed two relevant projects; no bidder's statement on insurance. After reviewing the
proposal, qualifications, and responsiveness of the second low bid, it is recommended that Charley
Toppino & Sons be awarded bid and contract for this project.
PREVIOUS RELEVANT BOCC ACTION: On May 22, 2019, the BOCC granted approval to
advertise Customs Building Phase 3 bidding and construction phase and the demolition of the
hazardous and unsafe Hertz Car Service Facility Building during Phase 3 to house temporary
modular office trailers to relocate staff, tenants and CBP from the Customs Building during
construction.
CONTRACT/AGREEMENT CHANGES:
new agreement
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Contract - Toppino - Hertz Bldg. Demo
FINANCIAL IMPACT:
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Effective Date: Upon Notice to Proceed(NTP)
Expiration Date: 30 calendar days from NTP
Total Dollar Value of Contract: $56,900.00
Total Cost to County: 0
Current Year Portion: 0
Budgeted: yes
Source of Funds: FDOT grant AQH10 (50%) and Airport Operating Fund 404 (50%)
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:
10/16/19 404-630169 - FDOT4AQH10 KW CUSTOMS $56,900.00
REVIEWED BY:
Richard Strickland Completed 09/09/2019 2:15 PM
Pedro Mercado Completed 09/09/2019 2:26 PM
Budget and Finance Completed 09/09/2019 2:49 PM
Maria Slavik Completed 09/10/2019 8:38 AM
Kathy Peters Completed 09/10/2019 9:48 AM
Board of County Commissioners Pending 09/18/2019 9:00 AM
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September 6, 2019
Mr. Tyler Bethel, Airport Facilities Manager
Key West International Airport
3491 S. Roosevelt Blvd.
Key West, FL 33040
Re: Key West International Airport
Former Hertz Building Demolition (n
2
Project Bid Tabulation / Recommendation of Award
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Dear Mr. Bethel,
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Project bids for the Former Hertz Building Demolition were opened on September 4, 2019 at 3 pm in 0.
the Monroe County Purchasing Department office located in the Gato Government Building, Key West,
Florida.Two bids were received from Mike Haack Excavating, Inc. and Charley Toppino & Sons, Inc.
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The Prime Bidders Qualifications package (Section F, Page 1-27 of the specifications) provided by theLU
apparent low bidder, Mike Haack Excavating, Inc., lacks some of the information requested for
determining the responsiveness of the bidder. More specifically: E
• A list of major contracts in past 10 years (paragraph 12) has not been provided.
• A list of equipment and plant available (paragraph 13) has not been provided.
• Only two non-relevant projects have been provided (paragraph 18).
• No bidder's statement on insurance has been provided.
Due to the lack of requested information the apparent low bidder is deemed to be unresponsive and
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their bid should be rejected. Subsequently, after reviewing the proposal, qualifications and 0.
responsiveness of the second low bid, it is our recommendation that the project be awarded to the next
low bid responsive contractor, Charley Toppino &Sons, Inc., PO Box 787, Key West, FL 33041 at a project 0
cost of$56,900.
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Should you have any questions regarding the above, please do not hesitate to contact the undersigned.
Sincerely,
McFarland-Johnson, Inc.
Petros Papathomopoulos, P.E.
Project Engineer
ppa athomo oulosff mjinc.com
Enclosures
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Monroe County
Former Hertz Building Demolition
Florida DOT Project No.: AQH10 I Monroe County Project No.: GAKD129
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CONTRACT II-1
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Key West International Airport 08/201
Monroe County
Former Hertz Building Demolition
Florida DOT Project No.: AQH10 I Monroe County Project No.: GAKD129
S E C T I O N D
CONTRACT
Former Hertz Building Demolition
Kev West International Airport,
THIS AGREEMENT made and entered into the Tay of
by and between Charle Topping & Sons Inc. Contractor,
and the Monroe County Board of Commissioners, Key West, Florida, Owner, (s
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WITNESSETH: N
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; 00
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:
Former Hertz Building Demolition
Key West International Airport
Monroe County, Florida
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2. That the Contractor shall commence the work to be performed under this
agreement on a date to be specified in a written order of the Owner and shall
fully complete all work hereunder within thirty(30)calendar days from the Notice-to-
Proceed (Construction) as per Special Provision No. 2.
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3. The Owner hereby agrees to pay to the Contractor for the faithful performance of the
agreement, subject to additions and deductions as provided in the
specifications or proposal in lawful money of the United States as follows:
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The sum of Fifty-Six Thousand Nine Hundred Dollars
( 55 900 ),
4. On or before the 15th day of each calendar month, the second party shall make
partial payment to the Contractor on the basis of a duly certified and approved
estimate of work performed during the preceding calendar month by the
Contractor, less ten percent (10%) of the amount of such estimate which is to be
CONTRACT II-2
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Key West International Airport 08/201
Monroe County
Former Hertz Building Demolition
Florida DOT Project No.: AQH10 I Monroe County Project No.: GAKD129
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.
* It is mutually agreed between the parties hereto that time is of the essence in this
contract and in the event the construction of the work is not completed within the
time herein specified, it is agreed that from the compensation otherwise to be
paid to the Contractor, the Owner may retain the amounts described in the
Liquidated Damages, Special Provision No. 3, per day for each day thereafter,
Sundays and holidays included, that the work remains uncompleted, which sum shall
representthe actual damages which the Ownerwill have sustained per day by failure
of the Contractor to complete the work within the time stipulated and this sum is
not a penalty being the stipulated damages the Owner will have sustained in
the event of such default by the Contractor. 00
* 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.
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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 �s
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
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Key West International Airport 08/201
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Former Hertz Building Demolition
Florida DOT Project No.: AQH10 I Monroe County Project No.: GAKD129
shall allow and permit reasonable access to, and inspection of, all documents,
records, papers, letters or other "public record" materials in its possession or under
its control subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the County and Contractor in conjunction with this contract and related
to contract performance. The County shall have the right to unilaterally cancel this
contract upon violation of this provision by the Contractor. Failure of the Contractor
to abide by the terms of this provision shall be deemed a material breach of this
contract and the County may enforce the terms of this provision in the form of a court
proceeding and shall, as a prevailing party, be entitled to reimbursement of all _
attorney's fees and costs associated with that proceeding. This provision shall
survive any termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public (n
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Records Law in order to comply with this provision. U
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Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the
Contractor is required to:
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(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 00
a copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided in this chapter or
as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and following completion of the contract if the
contractor does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records that
would be required by the County to perform the service. If the Contractor transfers
all public records to the County upon completion of the contract, the Contractor shall
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If the Contractor keeps and maintains public
records upon completion of the contract, the Contractor shall meet all applicable
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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-4
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Former Hertz Building Demolition
Florida DOT Project No.: AQH10 I Monroe County Project No.: GAKD129
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 °2
proceedings, appellate proceedings, or other proceedings relating to any type
of injury (including death), loss, damage, fine, penalty or business 2
interruption, and (iii) any costs or expenses (including, without limitation,
costs of remediation and costs of additional security measures that the N
Federal Aviation Administration , the Transportation Security
Administration or any other governmental agency requires by reason
of, or in connection with a violation of any federal law or regulation,
attorneys' fees and costs, court costs, fines and penalties) that may be
asserted against, initiated with respect to, or sustained by, any
indemnified party by reason of, or in connection with, (A) any activity 00
of Contractor or any of its employees, agents, contractors or other invitees
on the Airport during the term of this Agreement, (B) the negligence or willful
misconduct of Contractor or any of its employees, agents, contractors or
other invitees, or (C) Contractor's default in respect of any of the obligations that
it undertakes under the terms of this Agreement, except to the extent the
claims, actions, causes of action, litigation, proceedings, costs or
expenses arise from the intentional or sole negligent acts or omissions of
the County or any of its employees, agents, contractors or invitees (other than
CONTRACTOR). Insofar as the claims, actions, causes of action,
litigation, proceedings, costs or expenses relate to events or
circumstances that occur during the term of this Agreement, this section will
survive the expiration of the term of this Agreement or any earlier termination of
this Agreement.
In the event the completion of the project (including the work of others) is delayed or
suspended as a result of the Contractor's failure to purchase or maintain the
required insurance, the Contractor shall indemnify the County from any
and all increased expenses resulting from such delay.
The first ten ($10.00) of remuneration paid to the Contractor is for the
indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the
insurance requirements contained elsewhere within this agreement.
CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be
provided to the COUNTY at the time of execution of this Agreement and certified
copies provided if requested. Each policy certificate shall be endorsed with a
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Former Hertz Building Demolition
Florida DOT Project No.: AQH10 I Monroe County Project No.: GAKD129
provision that not less than thirty (30) calendar days' written notice shall be
provided to the COUNTY before any policy or coverage is canceled or restricted. The
underwriter of such insurance shall be qualified to do business in the State of
Florida. If requested by the County Administrator, the insurance coverage shall be
primary insurance with respect to the COUNTY, its officials, employees,
agents and volunteers. Failure of CONTRACTOR to comply with the
requirements of this section shall be cause for immediate termination of this
agreement.
10. NON-WAIVER OF IMMUNITY: Notwithstanding the provisions of Sec. 768.28,
Florida Statutes, the participation of COUNTY and CONTRACTOR in this
Agreement and the acquisition of any commercial liability insurance coverage, self-
insurance coverage, or local government liability insurance pool coverage shall 2
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 N
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 00
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:
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Pedro Mercado
Assistant County Attorney
1111 12th Street, Suite 408
Key West, FL 33040
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FOR CONTRACTOR:
Andrew Topping
PO Box 787 Key West FL 33041
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.
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14, MEDIATION: The COUNTY and CONTRACTOR agree that, in the event of
conflicting interpretations of the terms or a term of this Agreement by or between any
of them the issue shall be submitted to mediation prior to the institution of any
other administrative or legal proceeding. Mediation proceedings initiated and
conducted pursuant to this Agreement shall be in accordance with the Florida
Rules of Civil Procedure and usual and customary procedures required by the
circuit court of Monroe County.
15. SEVERABILITY: If any term, covenant, condition or provision of this Agreement
(or the application thereof to any circumstance or person) shall be declared
invalid or unenforceable to any extent by a court of competent jurisdiction, the .2
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
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provision.
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16. ATTORNEY'S FEES AND COSTS: COUNTY and CONTRACTOR agree that in
the event any cause of action or administrative proceeding is initiated or
defended by any party relative to the enforcement or interpretation of this
Agreement, the prevailing party shall be entitled to reasonable attorney's fees and
attorney's fees, in appellate proceedings. Each party agrees to pay its own court �
costs, investigative, and out-of-pocket expenses whether it is the prevailing party or
not, through all levels of the court system.
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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. �s
18. COOPERATION: In the event any administrative or legal proceeding is instituted E
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.
19. BINDING EFFECT: The terms, covenants, conditions, and provisions of this
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Agreement shall bind and inure to the benefit of COUNTY and CONTRACTOR
and their respective legal representatives, successors, and assigns.
20. AUTHORITY: Each party represents and warrants to the other that the
execution, delivery and performance of this Agreement have been duly
authorized by all necessary County and corporate action, as required by law.
21. PRIVILEGES AND IMMUNITIES: All of the privileges and immunities from
liability, exemptions from laws, ordinances, and rules and pensions and relief,
disability, workers' compensation, and other benefits which apply to the activity of
officers, agents, or employees of any public agents or employees of the .2
COUNTY, when performing their respective functions under this Agreement
within the territorial limits of the COUNTY shall apply to the same degree and 2
extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the COUNTY.
22. LEGAL OBLIGATIONS AND RESPONSIBILITIES: This Agreement is not
intended to, nor shall it be construed as, relieving any participating entity from
any obligation or responsibility imposed upon the entity by law except to the
extent of actual and timely performance thereof by any participating entity, in
which case the performance may be offered in satisfaction of the obligation or 00
responsibility. Further, this Agreement is not intended to, nor shall it be
construed as, authorizing the delegation of the constitutional or statutory duties of
the COUNTY, except to the extent permitted by the Florida constitution, state
statute, and case law.
23. NON-RELIANCE BY NON-PARTIES: No person or entity shall be entitled to rely &
upon the terms, or any of them, of this Agreement to enforce or attempt to
enforce any third-party claim or entitlement to or benefit of any service or N
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 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.
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26. NON-DISCRIMINATION: Contractor agrees that there will be no discrimination against
any person, and it is expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of
the court order. Contractor agrees to comply with all Federal and Florida statutes,
and all local ordinances, as applicable, relating to nondiscrimination. These include
but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which
prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the
Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-
1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the
Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits °2
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as
amended (42 USC ss. 6101-6107)which prohibits discrimination on the basis of age;
5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970
(PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse
or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC
ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug
abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.),
as amended, relating to nondiscrimination in the sale, rental or financing of housing;
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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) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the
basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender
identity or expression, familial status or age; and 11) Any other nondiscrimination
provisions in any Federal or state statutes which may apply to the parties to, or the
subject matter of, this Agreement.
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Former Hertz Building Demolition
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N 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.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest, KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk Mayor/Chairman
Date
(SEAL) CONTRACTOR:
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At
By By: c
Print Na ( w Print Name: Daniel Topping°
Title: / Title Sec a
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Date:
Date: G /,
And: c
By: as
ROE C ANt=Y
Print Name:Le �' AP DOVE22
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Title:C_fi�)ki
ASSIST COUNTY ATTO
Dater Date f c
STATE OF FLORIDA c
COUNTY OF
On this day o ,20 before me,the undersigned notary public,personally
appeared LaQWaI2,Xag to be t ose name
is subscribed above or who prbdluced as identification, and
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for the purposes herein stained.
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CONTRACT II-10
Packet Pg. 2683
T.1.a
Key West International Airport 08/201
Monroe County
Former Hertz Building Demolition
Florida DOT Project No.: AQH10 I Monroe County Project No.: GAKD129
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INTENTIONALLY LEFT BLANK
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CONTRACT II-11
Packet Pg. 2684
T.1.a
Key West International Airport 08/2019
Monroe County
Former Hertz Building Demolition
Florida DOT Project No.: AQH10 I Monroe County Project No.: GAKD129
SECTION 140
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.
2
The Contractor will not be permitted to commence work governed by this contract U
(including pre-staging of personnel and material) until satisfactory evidence of the N
required insurance has been furnished to the County as specified below. Delays in the
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. 00
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 to maintain the required
insurance.
The Contractor shall provide to the County as satisfactory evidence of the required
insurance either:
0
Certificate of Insurance, or
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 Iaw.The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation.
GENERAL PROVISIONS III-79
Packet Pg. 2685
T.1.a
Key West International Airport 08/2019
Monroe County
Former Hertz Building Demolition
Florida DOT Project No.: AQH10 I Monroe County Project No.: GAKD129
WORKERS ' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
0
B E T W E E N
MONROE COUNTY, FLORIDA
a�
AND
2
N
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.
0.
In addition,the Contractor shall obtain Employers' Liability Insurance with limits of not less than: 0.
$1,000,000 Bodily Injury by Accident 00
$1,000,000 Bodily Injury by Disease, policy limits
$1,000,000 Bodily Injury by Disease,each employee
0
Coverage shall be maintained throughout the entire term of the contract. E
Coverage shall be provided by a company or companies authorized to transact business in the state of
22
Florida and the company or companies must maintain a minimum rating of A-V1 as assigned by the
A.M. Best Company. N
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 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-84
Packet Pg. 2686
T.1.a
Key West International Airport 08/2019
Monroe County
Former Hertz Building Demolition
Florida DOT Project No.: AQH10 I Monroe County Project No.: GAKD129
GENERAL LIABI LIT Y
INSURANCE REQUIREMENTS
FOR
CONTRACT
B E T W E E N
MONROE COUNTY, FLORIDA
a�
AND
N
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:
0
- Premises Operations
-Products and Completed Operations 00
- - Blanket Contractual Liability
- Personal Injury Liability
- Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$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
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-85
Packet Pg. 2687
T.1.a
Key West International Airport 08/2019
Monroe County
Former Hertz Building Demolition
Florida DOT Project No.: AQH10 I Monroe County Project No.: GAKD129
V E H I C LE LIAB I LIT Y
INSURANCE REQUIREMENTS
FOR
CONTRACT
B E T W E E N
MONROE COUNTY, FLORIDA
AND
N
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 00
The minimum limits acceptable shall be:
0
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
22
co
$ 500,000 per person
$1,000,000 per occurrence
$ 100,000 property damage
0
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
0
U
GENERAL PROVISIONS III-86
Packet Pg. 2688
T.1.a
Key West International Airport 08/2019
Monroe County
Former Hertz Building Demolition
Florida DOT Project No.: AQH10 I Monroe County Project No.: GAKD129
BUILDER ' S RISK
INSURANCE REQUIREMENTS
FOR
OMMITED
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0
0
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GENERAL PROVISIONS III-87
Packet Pg. 2689
T.1.a
Key West International Airport 08/2019
Monroe County
Former Hertz Building Demolition
Florida DOT Project No.: AQH10 I Monroe County Project No.: GAKD129
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.
a�
WORKERS' COMPENSATION & EMPLOYER'S LIABILITY s
N
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
0
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
0
WCJA Federal Jones Act Same as Employer's LiabilityE
GENERAL LIABILITY
As a minimum, the required general liability coverage will include:
- Premises Operations - Products and Completed Operations
- Blanket Contractual - Personal injury
- Expanded Definition of Property Damage
0
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
$ 500,000/person; $1,000,000/occurrence
GL3 X $ 100,000 property damage or
$1,000,000 combined single limit
GENERAL PROVISIONS III-80
Packet Pg. 2690
T.1.a
Key West International Airport 08/2019
Monroe County
Former Hertz Building Demolition
Florida DOT Project No.: AQH10 I Monroe County Project No.: GAKD129
$ 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:
GLXCU Underground, Explosion & Collapse (XCU)
GLLIQ Liquor Liability
2
All endorsements are required to have the same limits as the basic policy.
N
VEHICLE LIABILITY
0
As a minimum, coverage should extend to liability for:
- Owned, Non-owned and hired vehicles
0
Required Limits: 00
VLI $ 50,000/person; $100,000/occurrence
$ 25,000 property damage or
$100,000 combined single limit
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 1 1$5,000,000 combined single limit
0
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GENERAL PROVISIONS III-81
Packet Pg. 2691
T.1.a
Key West International Airport nw,?nia
Monroe County REV. 09/12
Former Hertz Building Demolition
Florida DOT Project No.: AQH10 I Monroe County Project No.: GAKD129
MISCELLANEOUS COVERAGES
BR1 Builders' Risk Limits Equal to the risk completed project
Equal to the max. value of any one
MVC Motor Truck Caro Limits shipment
PRO1 Professional Liability $250,000/occurrence
PRO2 $500,000/occurrence
P RO3 $1,000,000/occurrence
POL1 Pollution Liability $500,000/occurrence
POL2 $1,000,000/occurrence
POL3 $5,000,000/occurrence
ED1 Employee $10,000
ED2 Dishonesty $100,000
GK1 Garage $300,000 $25,000/vehicle
a
GK2 Keepers $500,000 $100,000/vehicle
00
GK3 $1,000,000 $250,000/vehicle
MED1 Medical $500,000/$1,000,000 Agg.
MED2 Professional $1,000,000/$3,000,000 Agg. a
MED3 $5,000,000/$10,000,000 Agg.
IF Installation Floater Max. Value of Equip. Installed
VLP1 Hazardous $300,000 (Requires MCS-90
VLP2 Caro $500,000 (Requires MCS-90
VLP3 Transporter $1,000,000 (Requires MCS-90 a
BLL Bailee Liability Max. value of property a
HKL1 Hangar keepers' Liability $300,000
H KL2 $500,000
H KL3 $1,000,000
AIR1 Aircraft Liability $25,000,000
Al R2 $1,000,000
Al R3 $1,000,000
AEO1 Architect's Errors & Omissions $250,000/occurrence/$500,000 Agg.
AE02 $500,000/occurrence/$1,000,000 Agg.
AE03 I$1,000,000/occurrence/$3,000,000 A
GENERAL PROVISIONS III-82
Packet Pg. 2692