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Item C05 C.5 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 October 16, 2019 Agenda Item Number: C.5 Agenda Item Summary #6018 BULK ITEM: Yes DEPARTMENT: Airports TIME APPROXIMATE: STAFF CONTACT: Richard Strickland (305) 809-5200 no AGENDA ITEM WORDING: Approval to award bid and contract to Debonair Mechanical, Inc., in the amount of $155,000.00 for the replacement of Chiller 42 in the Main Terminal of the Key West International Airport; to be paid 100% from Passenger Facility Charge (PFC) Fund 406 (PFC 418). ITEM BACKGROUND: The main airport(ticketing) terminal is cooled by two (2) cold water supply chiller systems. The emergency replacement of Chiller 41 was completed earlier this year in February. This project is to replace Chiller 42 before it fails. PREVIOUS RELEVANT BOCC ACTION: On November 20, 2018, the BOCC granted approval to advertise for bids for Chiller 42. Five (5)bids were received at the bid opening; however, all five bidders omitted forms or provided incomplete information; therefore, on May 22, 2019, the BOCC rejected all five bids and granted approval to re-advertise the project. CONTRACT/AGREEMENT CHANGES: new agreement STAFF RECOMMENDATION: Approval. DOCUMENTATION: Debonair EYW Chiller 2 FINANCIAL IMPACT: Effective Date: Upon notice to proceed(NTP) Expiration Date: 180 calendar days after NTP Total Dollar Value of Contract: $155,000.00 Total Cost to County: -0- Packet Pg. 141 C.5 Current Year Portion: -0- Budgeted: Source of Funds: 100% PFC Fund 406 (PFC #18) 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 $155,000.00 REVIEWED BY: Richard Strickland Completed 09/27/2019 2:56 PM Pedro Mercado Completed 09/27/2019 3:41 PM Budget and Finance Completed 09/27/2019 3:44 PM Maria Slavik Completed 09/30/2019 8:51 AM Kathy Peters Completed 09/30/2019 5:53 PM Board of County Commissioners Pending 10/16/2019 9:00 AM Packet Pg. 142 C.5.a JACPO�����3S 3300 PGA Boulevard Suite 780 Palm Beach Gardens,Florida 33410 1.561.799.3855 Off.1.561.799.6579 Fax Richard Strickland,CM July 29,2019 Director of Airports Monroe County Airports Key West International Airport 3491 South Roosevelt Blvd. Key West,FL 33040 cv Re: Key West International Airport EYW Chiller Replacement Project Dear Richard, A public bid opening was held on July 11,2019 for the above subject project. From the submitted proposals Jacobs has compiled the unit prices and bid amounts in the attached Bid Tabulation Matrix. 0 After our review it is our opinion that the unit prices appear to be fair and reasonable. From the values represented in the attached bid tabulation the following is a summary of the bid results. ... ..................... _..... ........_.........—...... .........--.,,,,.---..-_.._.............. Proposer Bid Amount ............... ..............__ __ _....._ ... .................. Air Mechanical &Service Corp. $181,000.00 ................. Debonair Mechanical 1 _............._......._.�._...._...�_....._...._..w.................... ..�_._.._.._ �_55,000.00_.......___....... _.. ....._........._..................................... .... ...................... �._ ..__ Sub Zero,Inc. $203,843.00 Engineers.Estimate........._ _ .... . .... _............................... ............................. $._77 S00 0...........__........ ........................._... 1 0 a� 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 award to Debonair Mechanical. If you have any questions or require any additional information, please do not hesitate to contact us. Sincerely, 7 .� 100 Ryan Forney,RA,NCARB Senior Project Manager Encl: Monroe County Purchasing Office Bid Tabulation. Jacobs Bid Tabulation Matrix Packet Pg. 143 v � T U ai a m 91 d s t } .o W z D Y d W Q 00 o o s N h V coN .V-1 ,^-4 I� Jo44- 169- 4 y } a o f a � s} d I � o x %n d W W F- -3 L ZZ �ua W � z L wa � 0 a �+ coo 0 0 of Ln In Lf1 U. O = ° 000 Z M damn W � 0 N y � oc ma o F* � n � � Z A 2 O li L d Eo V L 0 Z H C m c 0 > i..i w L a` .° m U Z N ° O d d a a w Q o x as co u t u g ._ c o H a } tj a d a 1�1 (A) Ol } L L m ►' o u y N C O N C1 E N O O m H In CD JOIND MA3 4euoq® ' [ ) ZJOIND W3 4euoga :Wau goq LQ — d � \ @a 78 SY�( k§k $ � 88 ■#a 0 � a,e« ee§ ■ � �9��§. a �! - ||§§ ### # 2a� ■ � ■ , E $■� / 2 #e #■§ ! CL § ; a !\■§ §a■ a %k\ k E )tkk ■�_ ( t ! 2 ®88 88§ §§§ %\§2 ■22 ) - - .-- � m � « � § k \ § / ! 0. § ui a. ek § § ! k(\2L CL§B�\\ IL a 3 3aw \lK Bt� 2 ■ £ }z 0.a.§ $ C.5.a Key West International Airport 6/19 Monroe County EYW Chiller Replacement Project S E C T I O N CONTRACT EYW Chiller Replacement Project Key West International Airport THIS AGREEMENT made and entered into the 16th day of October 2019 by and between Debonair Mechanical, 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: 0 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: N EYW Chiller Replacement Project Key West International Airport Monroe County, Florida 2. That the Contractor shall commence the work to be performed under this agreement on a date to be specified in a written order of the Owner and shall fully complete all work hereunder within one hundred and eighty (180) calendar days from the Notice-to-Proceed (Construction) as per Special Provision No. 2. 3. The Owner hereby agrees to pay to the Contractor for the faithful performance of the agreement, subject to additions and deductions as provided in the specifications or proposal in lawful money of the United States as follows: Approximately One hundred fifty five thousand Dollars ($ 155,000.00 1 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 it-I Packet Pg. 146 C.5.a Key West International Airport 6/19 Monroe County EYW Chiller Replacement Project 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. 5. It is mutually agreed between the parties hereto that time is of the essence in this contract and in the event the construction of the work is not completed within the time herein specified, it is agreed that from the compensation otherwise to be paid to the Contractor, the Owner may retain the amounts described in the Liquidated Damages, Special Provision No. 3, per day for each day thereafter, Sundays and holidays included, that the work remains uncompleted,which sum shall represent the actual damages which the Owner will have sustained per day by failure of the Contractor to comp-ete the work within the time stipulated and this sum is not a penalty being the stipulated damages the Owner will have sustained in the event of such default by the Contractor. 7. It is further mutually agreed between the parties hereto that if at any time after the execution of this agreement and the surety bond hereto attached for its faithful performance, the Owner shall deem the surety or sureties upon such bond to be unsatisfactory, or if, for any reason, such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at its expense within five (5) days after the receipt of notice from the Owner so to do, furnish an additional bond or bonds in such form and amount and with such surety or sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Owner. 8. MAINTENANCE OF RECORDS: Contractor shall maintain all books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the ter,-i 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 documents, CONTRACT 11-2 Packet Pg. 147 C.5.a Key West International Airport 6/19 Monroe County EYW Chiller Replacement Project 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. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the :E Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. 0 (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 �s 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 Lhe 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 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. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CONTRACT II-3 Packet Pg. 148 C.5.a Key West International Airport 6/19 Monroe County EYW Chiller Replacement Project CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECG.RDS 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, costs of remediation and costs of additional security measures that the Federal Aviation Administration , the Transportation Security Administration or any other governmental agency requires by reason of, or in connection with a violation of any federal law or regulation, attorneys' fees and costs, court costs, fines and penalties) that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees on the Airport during the term of this Agreement, (B) the negligence or willful misconduct of Contractor or any of its employees, agents, contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than �s 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 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 CONTRACT 11-4 Packet Pg. 149 C.5.a Key West International Airport 6/19 Monroe County EYW Chiller Replacement Project 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 not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. �s 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: N FOR COUNTY: (FILL IN) �s Beth Leto, CPM Key West International Airport 3491 South Roosevelt Blvd. Key West, Florida 33040 FOR CONTRACTOR: Charley Aleshire, Vice President 13972 NW 601'Avenue Miami Lakes, Florida 33014 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. 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 CONTRACT II-5 Packet Pg. 150 C.5.a Key West International Airport 6/19 Monroe County EYW Chiller Replacement Proiect 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 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 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 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. CONTRACT II-6 Packet Pg. 151 C.5.a Ivey West International Airport 6/19 Monroe County EYW Chiller Replacement Project 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 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 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. 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 o 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 liabilityor 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. CONTRACT II-7 Packet Pg. 152 C.5.a Key West International Airport 6/19 Monroe County EYW Chiller Replacement Project 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 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; 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. �s a� 0 CONTRACT 11-8 Packet Pg. 153 C.5.a Key West International Airport 6/19 Monroe County EYW Chiller Replacement Project 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. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor Date: Date: o N Wi nesses for CONTRACTOR: CONTRACTOR /* Signature Signature of person authorized to / 0 Date: // legally bind Corporation Date: Print Name: " Signature Address: Dater Telephone Number:Z"--A&--/21-6 COUNTYO ' F > ..w., PEDRO J. RCADO ASSISTANT -AYT0FJi "Y"—'o CONTRACT Date. "...... II-9 Packet Pg. 154 C.5.a Key West International Airport 6/19 Monroe County EYW Chiller Replacement Project a� 0 INTENTIONALLY LEFT BLANK cv a� 0 CONTRACT 11-10 Packet Pg. 155 C.5.a Key West International Airport 6/19 Monroe County EYW Chiller Replacement Project 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. The Contractor will not be permitted to commence work governed by this t� 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 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 cv 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. 0 The Contractor shall provide to the County as satisfactory evidence of the required insurance either: 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' GENERAL PROVISIONS III-87 Packet Pg. 156 C.5.a Key West International Airport 6/19 Monroe County EYW Chiller Replacement Project Compensation. 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 Workers' Compensation DWLRC Statutory Limits a�L_ WC1 --Employer's Liability ELOLW\ $100,000/$500,000/$100,000 WC2 Employer's Liability ELOLW\ $500,000/$500,000/$500,000 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 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 E Required Limits: GL1 I $100,000/person; $300,000/occurrence GENERAL PROVISIONS III-88 Packet Pg. 157 C.5.a Key West International Airport 6/19 Monroe County EYW Chiller Replacement Project $ 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 GL4 $5,000,000 combined single limited Required Endorsement: GLXCU Underground, Explosion & Collapse (XCU) 0 GLLIQ Liquor Liability All endorsements are required to have the same limits as the basic policy. 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 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-89 Packet Pg. 158 C.5.a Key West International Airport REV. 09/12 Monroe County EYW Chiller Replacement Project 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 P R03 $1,000,000/occurrence P01-1 Pollution Liability $500,000/occurrence cv P01-2 $1,000,000/occurrence POD $5,000,000/occurrence ED1 Em to ee $10,000 ED2 Dishonesty $100,000 GK1 Garage $300,000 ($25,000/vehicle) 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. .2 IF Installation Floater Max. Value of Equip. Installed VLP1 Hazardous $300,000 (Requires MCS-90 VLP2 Cargo $500,000 (Requires MCS-90) VLP3 Trans orter $1,000,000 (Requires MCS-90 BLL Bailee Liability Max. value of property 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 AE01 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 Agg. GENERAL PROVISIONS III-90 Packet Pg. 159 C.5.a Key West International Airport 6/19 Monroe County EYW Chiller Replacement Project WORKERS ' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT B E T W E E N MONROE COUNTY, FLORIDA AND cv 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 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 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-92 Packet Pg. 160 C.5.a Key West International Airport 6/19 Monroe County EYW Chiller Replacement Project GENERAL LIABI LIT Y INSURANCE REQUIREMENTS FOR CONTRACT B E T W E E N MONROE COUNTY, FLORIDA AND cv 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: - Premises Operations -Products and Completed Operations - - Blanket Contractual Liability - Personal Injury Liability - Expanded Definition of Property Damage cv The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: a� $ 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-93 Packet Pg. 161 C.5.a Key West International Airport 6/19 Monroe County EYW Chiller Replacement Project VEH I C LE LIAB I LIT Y INSURANCE REQUIREMENTS FOR CONTRACT B E T W E E N MONROE COUNTY, FLORIDA AND 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: $ 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. GENERAL PROVISIONS III-94 Packet Pg. 162 2018 FAition INSTALLATION FLOATER INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND The Contractor shall be required to purchase and maintain throughout the life of the contract, and until the project is accepted by the County, Installation Insurance providing coverage for machinery and equipment,governed by this contract,while being transported, installed and tested. As a minimum, coverage will include: Fire Lightning Windstorm Hail Explosion Collapse Strikes Riots Civil Commotion Vandalism Malicious Mischief Vehicles Aircraft Flood The policy limits will be no less than the value amount of the machinery or equipment being 0 Im installed. The Monroe County Board of County Commissioners will be named as Additional Insured and Ir- Loss Payee as their interest may appear. C14 0 IF Adminkiii-adve hmmaimi 7500 8 167 1 Packet Pg. 163 C.5.a DEBOM EC-02 ACORO' CERTIFICATE OF LIABILITY INSURANCE DATE YYYI 9 `� 19120i 9 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(ies)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 certificate does not confer ri,'hts to the certificate holder in lleu of such endorsement s. ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, PRODUCER COI CT NA Acrisure,LLC dlbla InSource PHONE FAx 9500 South Dadeland Boulevard (Arc,No,E.tl:(305)670-6111 IAic,Not(305)670-9699 4th Floor Raiss:email@insource-inc.com Miami,FL 33156-2867 INSURER(5)AFFORDING COVERAGE NAIL o INSURER A:The Travelers Indemnity Company of America 25666 INSURED INSURER a:The Travelers Indemnity Co. 25666 DebonAlr Mechanical,Inc. INSURER c:Travelers Property Casualty Company of America 25674 13972 NW 60 Avenue INSURER D:Zenith Insurance,Company, 13269 cy Miami Lakes,FL 33014 INSURER F:Allied World Assurance Co 19489 INSURER F:Markel American Insurance Co. 28932 !G�C'h9,I IV;�,AG, w................................................................................................................CERTIFICATE NUMBER: REVISION,NUMBER:. THIS IS TO CERTIFY THAT THE, PI"ILICIE!lro 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE:: AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCI,,,USIONS AND CONDITIONS OF SUCH POLIf,:AES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS 9NSR POLICY EFF POLICY EXP Jam........................................................"PE OFINSURANCE POLICY NUMBER RR V.t:t.N..tt4d4tR.IYOR.tut LIMITS ......... ......... ......... .......__ t� A X COMMERCIAL GENERAL LIABILITY 1,000,000 EACH Or°1!GP,IIRRENCE S CLAIMS MACIIi'r. X OCCUR X CO-2674RO7A 0 0' 12019 0710112020 DAMAGE TO RENTED 500,000 PREMISES!(Ea aixurrencci s X ALL LOCATIONS AP gy NIA MENT MED ExP(Any one person) s 5,000 000000, u � PERSONAL 8 ADV INJURY $ 1, T Y '� � �, � I PROQUCTS +cOMPf',"M $ 2,000,000 I,LP+U'll��DU IICREGX G.�Y�ttI��wll YOU RR-�U tli1Wl�r� i„bA� YES . GENERAL AGGREGATEAGG 5 2,llOO,l100 � r DUUNER WAIVER WA— B AUTOMOBILE LIABILITY 03MMINEll b'9SINGLE LUMIT 1,000 000 RhkUz UlwxrodarlwP& S X ,n&W AUTO X 810-1 N836269 0710112019 07/0112020 EOLIUP V&NJ49RY(Per personl 5_ 41w41ED SCHEDULED OAFNbS ONLY ALAr. .0 WjDax INJI.9PY(PeraccTdentp S 6q��������.���yy ��ggpp rr�V�E�pp P"NR?P"R Y IE:UAMAGE X ; h1 UTd':,ONLY X.._ AP ,:31'6VFII LY .Vel ne adenty.. S _... S C X UMBRELLA UAa X OCCUR EACH iY"gV,':C6..URRENCE $ 5,000,000 EXCESS ARETENTION II' II..Wb10VISAIADE 10,000 CUP-5J606078 07/01/2019 07l0112020 AGGREGATE S 5,000,040 ° S 0 D WORKERS COMPENSATION X "0 AND EMPLOYERS'LIABILITY ...., ;TATUFE.. I ERH. ,. Y r N Z126844405 10/30/2018 10/30/2019 1,000,000 ANY U U OPRIETORIPARTNERIExE„I I•UTIIIE I:L EACH ACCIDENT 5 �D"�F EI•!I'�C-MM EXCLUDED? N ,N I A AanYla@�oryrinNH) L'.II.. LAI eq',A.�IC-EAEMPLOYEE S 1,000,000 Iy rUassr�uha under 1000.000 0 E3& a4 NPII'Id bN 6F"PP RAT'll N""LeVam w I:..II.. h UI"U:A'";-Pr f Y R„IM T !ry !,,,, E Errors&Omissions 0311-9094 0710112019 07/01/2020 Professional 1,000,000 0 F Installation Floater MKLM31MOO49844 07101/2019 07/01/2020 See Descrlption DESCRIPTION OF OPERATIONS 1 LOCATIONS!VEHICLES IACORD 101,Additional Remarks Schedule,maybe attached Ifmemrs apace Is requlradl Re:Key West International Airport 3491 South Roosevelt Blvd,Key West,FI 33040. Monroe County BOCC is included as additional Insured with respects to General Liability and Auto Liability. Installation Floater Carrier:Markel American Insurance Co..Policy#MKLM31M0049844 Limit at one location$500,000;Limit per disaster$1,000,000;Limit perTemporary location$500,000;Limit per Transit$500„000 i CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE.0 ESCIR'IIBED IPOI..ICMS Slli I::A1wIICUw1,LED BEFORE Monroe Count BOCC THE EXPIRATION DA"II"E "q"HER11:2F„ NI 71CIE WILL BE DELIVERED IN Y ACCORDANCE WITH TI IE POLICY kI::M'IBISK3NS. i 100 Simonton St. Key West,FL 33040 A U TI--I OnRIZEEDDREPRESENTATIVE ACOIRID 25('20115103) 01988"2016 ACOFiD COI:WOI A1,1110M All rights rvsellved. 'l"he AC01RI"'1 namlrlP and(logo are registered marks of A'C01110 Packet Pg. 164