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Item C14 C.14 BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Heather Carruthers,District 3 IleOI1da Keys Mayor Pro Tern Michelle Coldiron,District 2 - p �pw° Danny L.Kolhage,District I aµ David Rice,District 4 Sylvia J.Murphy,District 5 County Commission Meeting December 11, 2019 Agenda Item Number: C.14 Agenda Item Summary #6352 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 the second lowest bidder DL Porter Constructors, Inc. in the amount of $1,896,432 for the Departure Hall Renovations- Restrooms, Pet Relief Station and Hold Room Expansion project at the Key West International Airport as the lowest bidder did not meet the established DBE participation goal of 10.2%. The project is being paid from Fund 406 Passenger Facility Charge (PFC418), FDOT Grant GOR05 and/or Airport Operating Fund 404. ITEM BACKGROUND: On November 5, 2019, the County Purchasing Department received and opened three bids for the above-referenced project: Pedro Falcon Contractors in the amount of $1,872,724.00, DL Porter Constructors in the amount of$1,896,432.00 and Lego Construction Co. in the amount of$3,581,582.00. Upon review of the bids, the apparent low bidder Pedro Falcon Contractors committed to provide a DBE participation goal of 1.2% which does not meet the established goal of 10.2%. PREVIOUS RELEVANT BOCC ACTION: On November 11, 2017, the BOCC approved FDOT Joint Participation Agreement GOR05 for terminal building improvements. On February 20,2019, the BOCC grant approval to apply for the PFC Application 418, and on July 17, 2019, the BOCC grant approval to authorize the bid solicitation for this project. CONTRACT/AGREEMENT CHANGES: New STAFF RECOMMENDATION: Approval DOCUMENTATION: DL Porter Constructors FINANCIAL IMPACT: Effective Date: Notice to Proceed(NTP) Packet Pg. 578 C.14 Expiration Date: 365 days from NTP Total Dollar Value of Contract: $1,896,432.00 Total Cost to County: $-0- Current Year Portion: Budgeted: Yes Source of Funds: PFC Fund 406; FDOT Grant GOR05 and/or Airport Operating Fund 404 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: 12/11/19 406-63603 - PASSNGER FACILITY CHG 40 $1,896,432.00 REVIEWED BY: Beth Leto Completed 11/25/2019 12:18 PM Richard Strickland Completed 11/25/2019 1:19 PM Pedro Mercado Completed 11/25/2019 1:53 PM Maria Slavik Completed 11/25/2019 4:17 PM Budget and Finance Completed 11/25/2019 4:50 PM Kathy Peters Completed 11/25/2019 5:07 PM Board of County Commissioners Pending 12/11/2019 9:00 AM Packet Pg. 579 C.14.a Bmi g� JACO1 November 21, 2019 Mr. Richard Strickland Director of Airports 3491 South Roosevelt Boulevard Key West, Florida RE: Departure Hall Renovations®Restroom, Pet Relief Station and Hold Room Expansion Design Key West International Airport Bid Tabulation and Contract Award Recommendation Dear Mr. Strickland: Enclosed for your review are the Bid Tabulation Sheet and a Bid Review Checklist for the referenced 0 project. The Bid Opening was conducted on November 5, 2019 at 3:00 PM, which was the deadline established for submitting the bids. A total of three bids were received. The following list provides the Engineer's Estimate, and the value of the bids for the total of the Base Bid: Engineer's Estimate: $1,620,978.75 Pedro Falcon Contractors, Inc. $1,872,724.00 D.L. Porter Constructors, Inc. $1,896,432.00 0 LEGO Construction Co. $3,581,582.00 The review of the bids indicated that the apparent low bidder, Pedro Falcon Contractors, Inc., o committed to provide a DBE participation of 1.2%, which does not meet the established DBE participation goal of 10.2%. Pedro Falcon Contractors, Inc. did provide documentation showing their good faith effort in meeting this goal. Based on the documentation we received from Pedro Falcon Contractors, Inc. it is apparent the effort in contacting and using DBE firms was not effective. The second bidder, D.L. Porter Constructors, Inc., showed DBE subcontractors in their bid and committed to 12.09% DBE participation. Based on our bid evaluation, it is our recommendation to award the bid to the second lowest bidder, D.L. Porter Constructors, Inc. Our recommendation is also contingent upon the County's legal review of the bid documents. Should you have any questions regarding the information enclosed or the recommendation provided above, please do not hesitate to call me at(904)224-3132. Sincerely, ° ,..,,,Cfiristopher;B 'ke­r, P.E. JACOBS- Prm Manager locobs Packet Pg. 580 v T- oo T ci a O s a O } GG in G 'cs J � � O 0 0 0 = O 0 0 0 w N N u 00 N ('M u N Z Q Ln n O 0 m 00 r" Ln 00 00 t � N LPL 6 W W t W z W H H a A } Q W Q o L Z � LU g O o — GC IL 0 o Z LU � Z � o u") u") u� > WZQW GCZLn m r camp in za � 0 oN 2 Q W O X W O W 'a 'a m U H � N O a Q O Z Q u in � Z w a ui O O L° QZ O Q } W —`-' } � U Z J o s W t 00 a Q ~ j L. v O = w o .� W z U) LL L. } 0 0 a a 0 a N L w u H � O J t L. w 0 Q) Q N can Q � d Z inN L W J t u U Q i } N 0 Co a m H L i CO C.14.a Leto-Beth From: Leto-Beth Sent: Monday, November 25, 2019 11:14 AM To: Monty Gettys Cc: Forney, Ryan; Christopher.Bowker@jacobs.com; Strickland-Richard; Mercado-Pedro Subject: RE: Evaluation of Bids - KWIA Departure Hall Renovations— Restroom, Pet Relief Station and Hold Room Expansion Hi Monty, Upon review of your evaluation of the DBE Percentage and Good Faith Efforts (GFE) related to the bids for the KWIA Departure Hall Renovations— Restroom, Pet Relief Station and Hold Room Expansion, which were received and opened on November 5, 2019, as the Airport's DBELO, I concur with your findings documented below. Best regards, Beth Leto, CPM Deputy Director, Airport Finance &Admin. DBE Liaison Officer CL Key West International Airport 3491 South Roosevelt Blvd. Key West, FL 33040 Office: 305-809-5239 —I— U) From: Forney, Ryan <Ryan.Forney@jacobs.com> Sent: Friday, November 22, 2019 6:04 PM To: Leto-Beth <Leto-Beth@MonroeCounty-FL.Gov> Subject: FW: Evaluation of Bids- KWIA Departure Hall Renovations— Restroom, Pet Relief Station and Hold Room CL o Expansion From: Monty Gett s<im� �ti titiY� r ps �cirm>rY � .................................................... Sent: Monday, November 18, 2019 6:43 PM Cc: Bowker, Christopher Forney, Y Y.@ p ...:........................................ialrnii.:..1f31k. ii..& ..U. plra..:.. pirm> Subject: [EXTERNAL] Evaluation of Bids - KWIA Departure Hall Renovations—Restroom, Pet Relief Station and Hold Room Expansion Hi Ryan: Please find our evaluation of the DBE Percentage and Good Faith Efforts (GFE) related to the bids for the KWIA Departure Hall Renovations—Restroom, Pet Relief Station and Hold Room Expansion, which were received and opened on November 5, 2019. The apparent low bidder is Pedro Falcon Contractors Inc. Project: KWIA Departure Hall Renovations— Restroom, Pet Relief Station and Hold Room Expansion Prime Contractor: Pedro Falcon Contractors Inc. (PFC) Bid Amount (Items#1-#3): $1,872,724.00 Contract DBE Goal: $191,017.85 (10.2%) DBE Amount in Bid: $19,410.45 (1.0%)—contractor claimed 1.2%but percentage not based on total bid Difference: $171,607.40 (9.2%) 1 Packet Pg. 582 DBE quotes accepted: O.R. Painting ($19,410.45), verified as certified DBE with FL UCP C.14.a DBE quotes rejected: Potty Girls ($18,675.50)—spreadsheet notes indicate PG was 2x cost of other quote (but that quote provided), also indicated contractor may self purchase trailer. GFE Evidence Submitted: 13 pages of Tracking Spreadsheets for Subcontracts (DBE and non-DBE) (not titled) and separate emails between DBE firms and Contractor from approximately 12 companies Analysis: Review list of types of actions considered as part of a bidder's GFE based on Appendix A to Part 26: • Conducted Market Research to Locate DBEs—Spreadsheet Contractor used appears to have been sourced from FDOT DBE directory(FL UCP DBE Directory),which is primary source for DBEs; no documentation that serices from M/W community organizations or contractor groups were used. • Solicitation Timeliness—Contractor timeliness appears appropriate for initial solicitations (mostly 9/24/19—9/30/19) and follow-up by contractor (mostly 10/14/19-10/30/19); • Selecting Portions of the work to be performed by DBEs—Based on the contractor submitted documentation potential DBE subs doing following work were solicited: concrete slabs,fencing, HVAC, roofing, steel bar joist/metal deck, painting, low voltage electrical, storefront/windows. If DBEs were used in some of these portions of work,the goal could have been reached. However,the only DBE successful sub was for painting. 0 • Solicitation and Follow-Up IL - o Contractor attended pre-bid meeting; o Contractor provided no documentation of advertisements; o Contractor provided copies of tracking spreadsheets W containing approximately 175 companies including DBE and non-DBE companies. Of these approx. 75 are DBE companies, approx. 60 are non-DBE companies, and the remainder are duplicate entries due to DBE firms providing work in multiple NAICS U codes; o Tracking spreadsheet listed date ITB sent, date of follow-up and responses/notes with date; IL o Tracking spreadsheet unclear if quotes ultimately provided to PFC,what quotes contractor negotiated, accepted or rejected and why(only E quote for Potty Girls is partially explained); o Contractor documented email responses from approximately 12 companies separately from the spreadsheet documentation, most indicating they were not going to submit a bid. • Negotiated in Good Faith with Interested DBEs—documentation of discussion with rejected DBE quote (Potty Girls), but no resolution of why not selected (2 times cost of another quote (other quote not provided) or prime would purchase). • Made Plans Available—documentation indicates Contractor sent plans/specifications to DBEs when requested. • Assisted DBEs with Bonding/Lines of Credit/Insurance—no documentation this occurred. • Assisted DBEs in obtaining necessary equipment, supplies, materials or related—no documentation this occurred. • DBE Performance of other Bidders—Other 2 bidders exceeded contract goal of 10.2%including: o Apparent 2"d low bidder, DL Porter, had 3 DBE firms for total DBE amount of$229,340 for bid of 2 Packet Pg. 583 $1,886,432 or 12.2%, DBE firms verified cert C.14.a with FL UCP; and o Apparent 3 d low bidder, LEGO Construction Co., had 2 DBE firms for total DBE amount of$397,063 for bid of$3,581,582 or 11.1%, DBE firms verified certified with FL UCP. In accordance with Appendix A to 49 CFR Part 26,the bidder must show that it took all necessary and reasonable steps to achieve a DBE goal by their scope, intensity, and appropriateness to the objective. The sponsor(airport) has the responsibility to make a fair and reasonable judgement whether a bidder that did not meet the goal made adequate good faith efforts, considering the quality, quantity, and intensity of the different kinds of efforts that the bidder has made. Since the other bidders met(and exceeded)the project's DBE goal and the apparent successful bidder has not, this at least raises the question of whether the apparent successful bidder's efforts were adequate. It does not, by itself, prove that the apparent successful bidder did not make a good faith effort to get DBE participation, however. PFC did identify selected portions of work that could be accomplished by DBE contractors; however, PFC only reported using 1 bid from a DBE subcontractor(O.R. Painting). Negotiations with other DBE bidders (except Potty Girls)was not identified, so it is assumed based on documentation that no other DBE bids were received by PFC outside of O.R. Painting. Two DBEs, which were identified on PFC's spreadsheet, were used by the other bidders for HVAC work (Comfort Tech Air Conditioning and Coakley Mechanical). PFC solicited a number of DBE contractors throughout the State of Florida and some outside Florida. Based on the PFC spreadsheet,they identified approx. 20 potential DBE IL contractors in Monroe County/Dade County area. The FDOT District 6 region (Monroe and Miami Dade Counties) contains approximately 120 DBE contractors with similar NAICS codes as those DBEs identified by PFC, so PFC solicited less than 20%of the DBE companies in the nearby area to the airport. Though DBE participation is not limited to DBEs near to the project site,the small number of DBE responses received by PFC should have made them more aggressive in their DBE outreach. Information regarding certified DBEs by FDOT District is easily accessible through the FDOT/FL UCP U) DBE Directory. While the overall quantity of their DBE solicitations appears adequate,the quality (i.e., outreach to less than 20%of DBE companies near to project site), intensity(i.e., no outreach identified for DBEs that submitted bids to other bidders) do not appear adequate and do not demonstrate that PFC took all reasonable steps to meet the DBE U) contract goal. U The Airport's DBELO (Beth Leto) will need to write a memo documenting the finding. We should plan to discuss this recommendation with Pedro Mercado, Beth Leto, and Richard Strickland; please let me know best time. Also, I'll be IL happy to address any questions. a� `ol"I9;:goi' 7",.l'y e orlsu flriiz r1c. 976 � I14 dvA(lri � a ir., . 20 i. 01°1arido I L 328,,14 1naH� Monty.Gettys@mcgi-us.com V mc�i-us.com VCt I IC1: 1 I S 0)171171UIIi atk,xl may amtain aml"icientV al and 1ri-Vleged info" rinal:km that is Ifc.r the s,.lv Use ,.I"the ante ded redl!rien:. Any view g, c,.lrying c.r dt sli-ilxULk)II c.f, c.r reliance cm dh s r,nessaga by Ulll Upended redl!lrients is sbrc:ly 1rrcflhilxilvd N,f y,W Iliavv recea vvsi dh s nessagv in errs, r, lrlaasv M) fy US iininedi alaly by rel,rlying l,. l,lhe inessagv and deleting it I"i-,.ur 3 Packet Pg. 584 C.14.a Key West International Airport 06/2019 Monroe County Departure Hall Renovations—Restroom, Pet Relief and Hold Room Expansion Design 0 IL U) r- 0 0 IL 4i CONTRACT II-1 Packet Pg. 585 Key West International Airport 06/2019 Monroe County Departure Hall Renovations Restroom,Pet Relief and Hold Room Expansion Design S E C T 1 0 N C ACKNOWLEDGMENT FOR CHANGE ORDERS ® Monroe County Board of Commissioners Key West, Florida REF: Depart re Hall Renovations — Restroom,Pet Relief Station and Hold Room Ex2gnjj2n_Qesign, Key We t Internatio 0 Gentlemen: In order to avoid the necessity of extensive amendments to the referred contract, the undersigned acknowledges hereby that the following conditions are those for is change orders are allowed under the Bid Law: 0 1 Unusual and difficult circumstances which arose during the course of the U) r- execution of the contract is could not have been reasonably foreseen. 0 2. Where competitive bidding for the new work for new money will work to the 0 serious detriment of the awarding authority. 3. Emergencies arising during the course of the work. E 4. Changes or alterations provided for in the original bid and odginals contract D.L. Porter Constructors, Inc. C :Itractor By: Loer Title: Presi ent .......... ........................... 11-2 1 Packet Pg. 586 Key West International Airport 06/2019 Monroe County Departure Hail Renovations estroom,Pet Relief and Hold Room Expansion Design 0 (L -j INTENTIONALLY LEFT BLANK 0 U) r- 0 0 (L -j a E CONTRACT 113 1 Packet Pg. 587 Key West International Airport 06/2019 h4onroe County Departure all Renovations Restroom, Pet Relief and Hold Room Expansion Design S E C T 1 0 N D CONTRACT Departu,re Hall Renovations — Restroom, Pet Relief Station and Hold. Room Expansion DesLqn Key West International Airport THISAGREEMENT made and entered into the day of ................................................................................................................................... .......................................................... by and between D.L. Porter Constructors,inc. Contractor, and the Monroe County Board of Commissioners, Key West, Florida, Owner. 0 IL WITNE SST H: 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 for as provided by the following enumerated documents, Instruction to Bidders, For of Proposal, General Provisions, Special Provisions, U) Technical Specifications, For of Contract, For of Bond, Drawings and Addenda, r- 0 which are attached hereto and made a part hereof, as if fully contained herein, for the construction of-. Departure Hall Renovations — Restroom, Pet Relief Station and Hold 0 Room Expansion QeaLqn IL Key West International Airport Monroe County, Florida E 2. That the Contractors all 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 three hundred and sixty-five (365) calendar days from the Notice-to-Proceed (Construction) as per Special Provision No. 2. 3. The Owner hereby agrees to pay to the Contractor fort he faithful performance of the agreement, subject to additions and deductions as provided in the specifications or proposal in lawful one of the United States as follows: The contract lump sum of: one million eight hundred ninety-six thousand four hundred thirty-two Dollbfs ($1,896,432.00) Partial payments will be made at least once each of as the work progresses. Said payments will be based upon estimates prepared byte Engineer oft e value of the work performed and materials complete in place in accordance with the contract, plans, and specifications. CONTRACT 11-4 1 Packet Pg. 588 Key West International Airport 0612019 Monroe County Departure all Renovations , Restroorn, Pet Relief and FTold Room Fxpansion Design County shall pay in accordance with the Florida Local Government Prompt Payment Act. Each Application for Payment shall be based upon the Schedule of Values forte project. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Director of Airports may require. This schedule, unless objected to by the Director of Airports, shall be used as a basis for reviewing the Contractor's Applications for Payment. Applications for Payment shall indicate the percentage of completion of each portion of the Work as ofthe end of the period covered by the Application for Payment. Subject to the provisions ofthe Contract Documents, the amount of each progress payment all be computed as follows: Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share oft e total 0 Contract Sum allocated tothat portion of the Work, less retainage of ten percent a. 10%. Payment will be made after delivery and inspection by County and upon submission of invoices with supporting documentation acceptable to the Clerk, on a monthly schedule in arrears- Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may over the Clerk's disbursal of funds. 0 4. On or before the 15th day of each calendar month, the second party shall make partial payment tote Contractor on the basis of a duly certified and approved U) estimate of work performed during the preceding calendar of by the r- 0 Contractor, less ten percent (10%) of the amount of such estimate which is to be retained by the Owner until all work has been performed strictly in accordance with this agreement. 0 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 ofthe work have been paid in full, final payment on account of E this agreement shall be made within twenty (20) as 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 paid tote 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 haves stained 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. 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 CONTRACT Packet Pg. 589 Key West Intemational Airport 06/2019 Monroe County Departure Hall Renovations -Restroorn,Pet Relief and Hold Room Expansion Design and to be unsatisfactory, or if, for any reason, such and ceases to be adequate to cover the performance of the work, the Contractor shall, at its expense within five (5) as after the receipt of notice from the Owner so to do, furnish an additional bond or bonds in such for and amount and with such surety or sureties ass all be satisfactory tote 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 forte faithful performance of the work shall be furnished in manner and for satisfactory to the Owner. B. 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 tothis 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 0 termination of this Agreement. If an auditor employed by the County or Clerk a. determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractors all 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 0 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 U) shall allow and permit reasonable access to, and inspection of, all documents, r- 0 records, papers, letters or other"public record" materials in its possession or under its control subject tote provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related 0 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 for of a court E proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorneys fees and costs associated with that proceeding. This provision shall survive any termination or expiration ofthe 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 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. CONTRACT 11-6 1 Packet Pg. 590 Key West Intemational Airport 06/2019 Monroe County Departure all Renovations Restroom,Pet Relief and Hold Room Expansion Design (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 aII 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, 0 a. (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. 0 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF U) r- CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO 0 PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIA N BRADLEY, AT(305)292-3470. 0 IL 10. HOLD HARMLESS AND INSURANCE: Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, E 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, (6) 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 oft e obligations that it undertakes under the terms of this Agreement, except tote extent the CONTRACT I1-7 I Packet Pg. 591 Key West International Airport 06/2019 Monroe County Departure all Renovations—Restroom,Pet Relief and Hold Room Expansion Design 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 ofthis Agreement, this section will survive the expiration of the term ofthis 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 0 indemnification provided for above. a. 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 tote COUNTY at the time of execution of this Agreement and certified 0 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 U) underwriter of such insurance shall be qualified to do business in the State of 0 Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY, its officials, employees, 0 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, E 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. 11. NO PLEDGE OF CREDIT- CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment orsurety for any contract, debt, obligation, judgment, lien, or any for 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, tote following: CONTRACT 11-8 1 Packet Pg. 592 Key West International Airport 06/2019 Monroe County Departure all Renovations - Restroom, Pet Relief and Hold Room Expansion Design FOR COUNTY: (FILL IN) Key West, Florida 33041 FOR CONTRACTOR: D.L.Porter Constructors, Inc. 6574 Palmer-Park Circle Sarasota, FL 34238 13. GOVERNING LAW, VENUE. AND INTERPRETATION: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida 0 applicable to Agreements made and to be performed entirely in the State. In the a. event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation ofthis 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 oft is Agreement by or between any of the the issue shall be submitted to mediation prior to the institution of any U) other administrative or legal proceeding. Mediation proceedings initiated and 0 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. 0 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 E remaining terms, covenants, conditions and provisions of this Agreement, shall 0 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 of 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. CONTRACT 11-9 1 Packet Pg. 593 Key West Intemational Airport 06/2019 Monroe County Departure Hall Renovations-Restroom,Pet Relief and of Room Expansion Design 17. ADJUDICATION OF DISPUTES OR DISAGREEMENTS: COUNTY and TRACTOR agree that all disputes and disagreements all be attempted to be resolved by meet and confer sessions between representatives of each of COUNTY and CONTRACTOR. If noresolution 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 oft Board of County Commissioners. If the issue or issues are still not resolved tot 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 tothe formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, tothe extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related tote substance ofthis Agreement or 0 provision of the services under this Agreement. COUNTY and CONTRACTOR a. 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 Tgreement shall bind and inure to the benefit of COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. 0 20. AUTHORITY, Each party represents and warrants tote other that the U) execution, delivery and performance ofthis Agreement have been duly r_ 0 authorized by all necessary County and corporate action, as required by law- 21. PRIVILEGES AND IMMUNITIES: All of the privileges and immunities from 0 liebilfty, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, oremployees of any public agents oremployees of the COUNTY, when performing their respective functions under this Agreement E 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, ore loyees outside the territorial limits of the COUNTY. < 22. LEGAL OBLIGATIONS AND RESPONSIBILITIES: This Agreement is not i tonded to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except tothe 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 oft 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 toenforce or attempt to enforce any third-party claim orentitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR CONTRACT 11-10 I Packet Pg. 594 Key West International Airport 06/2019 Monroe County Departure all Renovations estroom,Pet Relief and Hold Room Expansion Design 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 aparL 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 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 ore ployee 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 0 number of counterparts, each of is 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 0 competent jurisdiction that discrimination has occurred,this Agreement automatically terminates without any further action on the part of any party, effective the date of U) the court order. Contractor agrees to comply with all Federal and Florida statutes, r- 0 and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title V1 of the Civil Rights Act of 1964 (FL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2)Title IX of the 0 Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685- a. 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 E 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 is of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. ®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 nond iscri mi nation in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 LISC 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 11, 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 tote parties to, or the subject matter of, this Agreement. CONTRACT Packet Pg. 595 Key West International Airport 06/2019 Manroe County Departure Hall Renovations-Restroom, Pet Relief and Hold Room Expansion Design 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. D.L.Porter Constructors, Inc. ........................................................................................I.......... .........................................................................1.11..........."I....... (Co r �ctor) (Monroe County Board of Commissioners) By: ................................—-------.By-, oer " ....................... ------ Title- President Title: President* 0 WITNESS, WITN ESS- Gl-e!nA.�C.,t.gn. STATE OF M, ROE A"RNEY ONVE FLORIDA COUNTY OF SARASOTA 0 1, the undersigned authority® a Notary Public in and for said County and State hereby certify that Gary A. Leer whose name as President of 0 D.L. Porter Constructors, Inc. is signed to the foregoing instrument and who w is knon 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. E Given under my hand and seal this 22nd day of November , 2019 Notary Pul blic .......... Kim McGinnis *Who is authorized byte corporation to execute this contract. JaM MCGINNIS NOTARY PUBLIC STATE OF FLORIDA No.GG 2M56 W COMMSION EXRREES FELL 24,M] C()'1NfTRAc'r Packet Pg. 596 Key West International Airport 06!2019 Monroe County Departure Hall Renovations Restroorn, Pet Relief and of Room Expansion Design 0 (L INTENTIONALLY LEFT BLANK 0 U) r- 0 0 (L E CONTRACT I V 11 3 1 Packet Pg. 597 C.14.a Client#:4463 DLPORTER DATE(MM/DDIYYYY) ACORD. CERTIFICATE OF LIABILITY INSURANCE 1/02/2019 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Bouchard Insurance,Inc. P"�"E 727 447-6481 Fax 727 449-1267 A/C No Ext: A/C No 101 N Starcrest Dr. EMAIL , certificates@bouchardinsurance.com Clearwater,FL 33765 ADDRE INSURERS AFFORDING COVERAGE NAIC k 727 447-6481 INSURER A:Colony Insurance Co 39993 INSURED INSURER B:Travelers Excess&Surplus Lines Co 29696 D L Porter Constructors,Inc. INSURER c:Amerisure Mutual Insurance Company 23396 6574 Palmer Park Circle INSURER D:Old Dominion Insurance Company 40231 Sarasota, FL 34238-2777 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 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; 0 EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY'PAID CLAIMS. IL LT R ADDTYPE OF INSURANCE INSR VD POLICY NUMBER MM/DDNYYY MMIDD/YYYY LIMITS LTR A X COMMERCIAL GENERAL LIABILITY Y Y 103GLOO1647505 1/01/2019 01/01/2020 EACH OCCURRENCE $1 000000 CLAIMS-MADE u OCCUR PREMI TO (Ea occurrence)RENTED $100 000 X BI/PD Ded:2,500 MED EXP(Any oneperson) $5 00O PERSONAL&ADV INJURY $1 000000 GEN'L AGGREI �LI AGATTE LIMIT APPLIES PER: GENERAL AGGREGATE s2,000,000 POLICY I ]JECT U LOG PRODUCTS-COMP/OPAGG s2,000,000 OTHER: $ ❑ AUTOMOBILE LIABILITY Y Y BIT3307V 1/01/2019 01/01/2020 Ea"'ideDSINGLELIMIT 1 000 000 U) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ X AUTOS ONLY X AUTOS ONLY (Per accident) $ 0 B UMBRELLA LIAB OCCUR Y Y ZUP81NO856418NF 1/01/2019 01/01/2020 EACH OCCURRENCE $5000000 IL �( EXCESS LIAB X CLAIMS-MADE AGGREGATE s5,000,000 DED X RETENTION 0 $ C WORKERS COMPENSATION Y WC208074507 1/01/2019 01/01/2020 X PER OTH- AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $5OO OOO OFFICER/MEMBER EXCLUDED? Y N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $500 000 If yes,descr be under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500 000 C Leased/Rented IM2059364 1/01/2019 01/01/2020 $100,000 Equipment Ded:$1,000 DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) "Workers Comp Information** Proprietors/Partners/Executive Officers/Members Excluded: AP_ � AGEMENT Gary Loer,President Marshall White,Vice-Pres OA (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION MONROE COUNTY BOARD OF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN COMMISSIONERS ACCORDANCE WITH THE POLICY PROVISIONS. 500 WHITEHEAD ST KEY WEST, FL 33040-0000 AUTHORIZED REPRESENTATIVE @ 1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S989325/M989238 MIKKO packet Pg. 598 C.14.a DESCRIPTIONS (Continued from Page 1) Certificate holder is additional insured as respects General Liability,Auto and Excess Liability only if required by written contract,and subject to the terms,conditions and exclusions as specified in the policy. Waiver of subrogation applies in favor of certificate holder as respects General Liability,Auto, Excess Liability and Workers Compensation only if required by written contract,and subject to the terms, conditions and exclusions as specified in the policy. Coverage is primary as respects to General Liability and non-contributory as subject to the terms, conditions and exclusions of your policy. It is agreed by endorsement to the Workers Compensation policy that this policy shall not be cancelled by the insurance carrier without first giving sixty(60)days prior written notice except for nonpayment of premium or if the first named insured elects to non renew. 30 DAY NOTICE OF CANCELLATION 0 0 U) r_ 0 U 0 I� i i f SAGITTA 25.3(2016/03) 2 Of 2 #S989325/M989238 Packet Pg. 599 : .N Ln 0 a UMBRELLA o POLICY NUMBER: SUP-81N08564-19-NF ISSUE DATE: 01/25/19 0 r THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULE OF UNDERLYING INSURANCE This endorsement modifies insurance provided under the following. 00 EXCESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCE 0 00 Commercial General Liability Limits Of Liability F; Carrier: COLONY INSURANCE COMPANY 0 General Aggregate $2,000,000* 0 Policy AS PER SCHEDULE ON FILE WITH Products-Completed Number: THE COMPANY Operations Aggregate $2,000,000 r Personal and Advertising Injury $1,000,000 m Policy Period zFrom: 01/01/2019 Each Occurrence $1,000,000 m to: 01/01/2020 N 0 Automobile Liability Limits Of Liability Carrier: OLD DOMINION INSURANCE COMPANY Bodily Injury And Property Damage Combined Single Limit $1,000,000 Policy• B1T3307V Bodily Injury Each Number: Person $ 0 I� i Bodily Injury Each $ Policy Period Accident From: 01/01/2018 0 to: 01/01/2020 Property Damage Each $ Accident Employers Liability Limits Of Liability Carrier AMERISURE MUTUAL INSURANCE COMPANY Bodily Injury By Accident Each Accident $500,000** Policy AS PER SCHEDULE ON FILE WITH Number: THE COMPANY Bodily Injury By Disease i y Policy Limit $500,000** OEM Each Period Each Employee $500 000** From: pl/Ol/2019 to: O1/01/2020 *$2,000,000 PER PROJECT AGGREGATE WITH A $5,000,000 CAP **UNLIMITED IN THE STATE OF NEW YORK FOR SUBJECT EMPLOYEES PRODUCER: BOUCHARD INS-CLEARWATER OFFICE ALPHARETTA, GA Packet Pg. 600 EU 00 03 08 18 ® 2018 The Travelers Indsmnity C'mmnanv All rinhtc rn ,varl Pane n a 0 UMBRELLA °a POLICY NUMBER: ZUP-81N08564-I9-NF ISSUE DATE: 01/25J19 0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULE OF UNDERLYING INSURANCE - CONTINUED This endorsement modifies insurance provided under the following: 00 EXCESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCE 0 0 Type Of Coverage: EMPLOYEE BENEFITS LIABILITY Limits Of Liability Carrier: $1,000,000 EACH CLAIM o° COLONY INSURANCE COMPANY $1,000,000 AGGREGATE i Policy AS PER SCHEDULE ON FILE WITH THE RETRO DATE: 01/01/2014 Number: COMPANY a Policy Period 0 Ln From: 01/01/2019 Z to: 01/01/2020 co o Type Of Coverage: Limits Of Liability U 888 Carrier: 0 U) 0 Policy 0 Number: 0 a. Policy Period From: SEEM to: 0 ca Type Of Coverage: Limits Of Liability Carrier i� Policy Number: Policy Period From: to: PRODUCER: BOUCHARD INS-CLEARWATER OFFICE: ALPHARETTA, GA Packet Pg. 601 EU 00 04 07 16 0 2016 The Travelers Indemnitv Cnnv5wv All rinhtc r�mmoma P2r,o ^