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Item C26 C.26 J �� BOARD OF COUNTY COMMISSIONERS County of Monroe ire �f �r�l � � Mayor Heather Carruthers,District 3 The Florida.Keys � � m�� ���r a�i�]�1 Mayor Pro Tem Michelle Coldiron,District 2 Craig Cates,District I David Rice,District 4 Sylvia J.Murphy,District 5 County Commission Meeting July 15, 2020 Agenda Item Number: C.26 Agenda Item Summary #7076 BULK ITEM: Yes DEPARTMENT: Airports TIME APPROXIMATE: STAFF CONTACT: Richard Strickland (305) 809-5200 N/A AGENDA ITEM WORDING: Approval to award bid and contract to low bidder D.L. Porter Constructors, Inc. in the amount of$2,375,633.00 to construct a new elevated Maintenance Storage Facility at the Key West International Airport. The elevated maintenance storage facility is needed to protect equipment while not in use and to provide a safe environment for airport staff to perform routine maintenance. The project is being funded by FDOT Grant G1008 (50%) and Airport Operating Fund 404 (50%), and anticipated FY20/21 FDOT supplement grant agreement 42 in the amount of$500,000.00 with 50% match from Airport operating fund 404. ITEM BACKGROUND: On April 23, 2020, six bids were received and opened: $2,376,633.00 - D.L. Porter Constructions $2,460,755.00 - Sea Tech of the Florida Keys $2,487,000.00 - Home Express Corp. $2,494,475.00 - Hernandez Consulting $2,880,040.00 - Douglas N. Higgins $2,966.000.00 - WU & Associates Upon review, Home Express Corporation, Hernandez Consulting, Inc. and Sea Tech of the Florida Keys, Inc. did not provide a separate bid item for the Fire Sprinkler; Home Express Corp. did not acknowledge Addendum No. 3; no mathematical errors were identified with any bid, and the responsive low bidder has been identified as D.L. Porter Constructors, Inc. with a total bid price of $2,375,633.00. PREVIOUS RELEVANT BOCC ACTION: Approval of FDOT Grant G1008 on October 17, 2018, approval of revised Exhibit A to the grant agreement on November 20, 2018; approval of supplemental grant agreement 41 on April 17, 2019, and approval to issue the original bid solicitation on October 16, 2019. CONTRACT/AGREEMENT CHANGES: N/A Packet Pg. 1047 C.26 STAFF RECOMMENDATION: Approval DOCUMENTATION: KWIA - EYW Airport Maintenance Storage Facility FINANCIAL IMPACT: Effective Date: Upon notice to Proceed (NTP) Expiration Date: 270 days after NTP Total Dollar Value of Contract: $2,375,633.00 Total Cost to County: -0- Current Year Portion: Budgeted: Yes Source of Funds: Airport Operating Fund 404 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: County Match: Insurance Required: Yes Additional Details: REVIEWED BY: Beth Leto Completed 06/27/2020 3:25 PM Richard Strickland Completed 06/30/2020 1:25 PM Pedro Mercado Completed 06/30/2020 1:46 PM Purchasing Completed 06/30/2020 1:54 PM Budget and Finance Completed 06/30/2020 2:04 PM Maria Slavik Completed 06/30/2020 3:19 PM Kathy Peters Completed 07/01/2020 10:44 AM Board of County Commissioners Pending 07/15/2020 9:00 AM Packet Pg. 1048 (' PI lu' JGPOdla -Z MAM !4'1'3e_q 96ejo4S 93ueu94uieW :podjlV -VIMM :4u8wq3B44V 4 to CD N , U a m_ U � N � N S } h � � cn O O O O F- LU O O O O O O Q OM O Ln O I�t O N 2 u Q M Il. O O O — y O lfl O r�l Q U N m Ln lfl lfl 00 00 0 w 0') 00 I -� 4 N � � L F�1 N Q N C W Z O IL 'a = L Q W rn Z � = Q GQG � o = o LL (Ao Oa z w � } i Q a Z N coo 0 0 0 0 0 = o 4- W Z W O N Ln Ln Ln Ln Ln Ln o 'O � Q � N WEB ~ Z 00m � W N J Q o s � � = J ZO Qcn N U = aGC H W D m a Z O O o_ 0 q W Q % 4-J J y o U 0- O Z 0 u Ln ►� L a W L o Y Ol C o 0 > V co w N p o Ln u1:11 ohm a -a ,=' Z d O Q _ o aU rp co z 0- o L -i p x } W N to W O CL fo '0 C 0) N h N cn N F-� 0 E L N N L f0 CL Ln O O } u _ S O to IU J O_ N Zw 4- o S "Z7 In N -I-- c E- L m Q 4- O w U LL N 0 O O Q N VJ O cs L}n m C.26.a Key West International Airport Monroe County Airport Maintenance Storage Facility Florida DOT Project Number G1008 - Monroe County DPW Project: GAKD143 CONTRACT Airport Maintenance Storage Facility Key West International Airport THIS AGREEMENT made and entered into the day of 2020 by and between D.L. Porter Constructors, Inc, hereafter "Contractor", and the Monroe County Board of County Commissioners,Key West, Florida,hereafter"County" or"Owner". LIU WITNESSETH: o CL That the Contractor, for the consideration hereinafter fully set out hereby agrees with the i Owner as follows: 1. That the Contractor, shall furnish all the materials, and perform all of the work in the manner and form as provided by the following enumerated documents; Instruction to Bidders, Form of Proposal, General Provisions, Special Provisions, Technical Specifications, Form of Contract, Form of Bond, Drawings and Addenda, which are attached hereto and made a part hereof, as if fully contained herein, for the construction of: Airport Maintenance Storage Facility o Key West International Airport Monroe County,Florida 2. That the Contractor shall commence the work to be performed under this agreement on a date 9 to be specified in a written Notice-to-Proceed (Construction) issued by the Owner and shall fully M complete all work hereunder within two hundred seventy (270) calendar days from the Notice-to- 0 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: _ 4. A lump sum of Two Million Three Hundred Seventy-Five Thousand Six Hundred Thirty- Three Dollars ($2,37U33.00). Partial payments will be made at least once each month as the work progresses. Said payments will be based upon estimates prepared by the Engineer of the value of the work performed and materials complete in place in accordance with the contract, plans, and specifications. 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 retained by the Owner until all work has been performed strictly in accordance with this agreement. The prime contractor is required to pay all subcontractors for satisfactory performance of their contracts no later than 15 days after the prime contract has received CONTRACT II-1 Packet Pg. 1050 C.26.a Key West International Airport Monroe County Airport Maintenance Storage Facility Florida DOT Project Number G1008 - Monroe County DPW Project: GAKD143 payment from Monroe County,which includes any release of retainage. 5. A. County's performance and obligation to pay under this agreement, is contingent upon annual appropriation by the Board of County Commissioners. B. County shall pay in accordance with the Florida Local Government Prompt Payment _ Act;payment will be made after delivery and inspection by County and upon submission of invoice by Contractor. C. Contractor shall submit to County 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 govern the Clerk's disbursal of funds. 0 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 i that from the compensation otherwise to be paid to the Contractor, the Owner may retain the c� amounts described in the Liquidated Damages, Special Provision No. 3, per day for each day thereafter, Sundays and holidays included, that the work remains uncompleted, which sum shall represent the actual damages which the Owner will have sustained per day by failure of the Contractor to complete the work within the time stipulated and this sum is not a penalty being the stipulated damages the Owner will have sustained in the event of such default by the Contractor. 0) 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. 0. 8. MAINTENANCE OF RECORDS: Contractor shall maintain all books,records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55,03, Florida Statutes, running from the date the monies were paid to Contractor. 9. PUBLIC ACCESS. Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its CONTRACT II-2 Packet Pg. 1051 C.26.a Key West International Airport Monroe County Airport Maintenance Storage Facility Florida DOT Project Number G1008 - Monroe County DPW Project: GAKD143 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 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 CL requested records or allow the records to be inspected or copied within a reasonable time at a cost that i does not exceed the cost provided in this chapter or as otherwise provided by law. c� (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 W 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 does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO CONTRACT 11-3 Packet Pg. 1052 C.26.a Key West International Airport Monroe County Airport Maintenance Storage Facility Florida DOT Project Number G1008- Monroe County DPW Project: GAKD143 PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470, BRADLEY-BRIAN@a MONROECOUNTY-FL.GOV, MONROE COUNTY _ ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040. 10. FOLD 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 e- security measures that the Federal Aviation Administration, the Transportation Security Administration or any other governmental agency requires by reason of, or in connection i cv 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 0) CD any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than Contractor). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. 0 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. 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 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. 11. NON-WAIVER OF IMMUNITY: Notwithstanding the provisions of Sec. 768.28, Florida CONTRACT 11-4 Packet Pg. 1053 C.26.a Key West International Airport Monroe County Airport Maintenance Storage Facility Florida DOT Project Number G1008 - Monroe County DPW Project: GAKD143 Statutes, the participation of County and Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the County be required to contain any provision for -� waiver. 12. NO PLEDGE OF CREDIT: Contractor shall not pledge the County's credit or make it a guarantor of payment or surety for any contract, debt, obligation,judgment, lien, or any form of indebtedness. Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 13. 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, CL returned receipt requested, to the following: i cv FOR COUNTY: Director of Airports County Attomey's Office 3491 South Roosevelt Blvd. AND 1111 12". Street, Suite 408 Key West,Florida 33040 Key West,Florida 33040 W FOR CONTRACTOR: D.L.Porter Constructors,Inc. 6574 Palmer Park Circle Sarasota,FL 34238 14. 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 0 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. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 15, SEVERABILITY: If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the 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 CONTRACT II-5 Packet Pg. 1054 C.26.a Key West International Airport Monroe County Airport Maintenance Storage Facility Florida DOT Project Number G1008 - Monroe County DPW Project: GAKD143 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, W through all levels of the court system. 0 CL 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 i between representatives of each of County and Contractor. If no resolution can be agreed upon CV 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 W CD cu 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 0 bind and inure to the benefit of County and Contractor and their respective legal representatives, successors, and assigns. 20. AUTHORITY: Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 21. PRIVILEGES AND IMMUNITIES: All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the 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 CONTRACT 11-6 Packet Pg. 1055 C.26.a Key West International Airport Monroe County Airport Maintenance Storage Facility Florida DOT Project Number G1008 - Monroe County DPW Project: GAKD143 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 W 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 CL 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 i purposes contemplated in this Agreement. cv 24. NO PERSONAL LIABILITY: No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity,and no member,officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. W 25. EXECUTION IN COUNTERPARTS: This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and County and Contractor hereto may execute this Agreement by signing any such counterpart. 26. NONDISCRIMINATION. The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction 0 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. The parties agree 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 VIl of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color,religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 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 § 794), which prohibits discrimination on the basis of handicaps; 4) The Age E Discrimination Act of 1975, as amended (42 USC §§ 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, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VI11 of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The CONTRACT 11-7 Packet Pg. 1056 C.26.a Key West International Airport Monroe County Airport Maintenance Storage Facility Florida DOT Project Number G1008 - Monroe County DPW Project: GAKD143 Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment 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. 27. COVENANT OF NO INTEREST. County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that the only interest of each is to perform and receive benefits W as recited in this Agreement. 0 28. CODE OF ETHICS. County agrees that officers and employees of the County recognize and CL will be required to comply with the standards of conduct for public officers and employees as delineated i in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; � doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 29. ETHICS CLAUSE. Contractor warrants that he/it had not employed,retained or otherwise had act on his/its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission,percentage,gift, or consideration paid to the former County officer or employee. 30. ATTESTATIONS. Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. 0 31. SECTION HEADINGS. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 32, MUTUAL REVIEW. This agreement has been carefully reviewed by Contractor and the County, therefore this agreement is not to be construed against either party on the basis of authorship. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. CONTRACT II-8 Packet Pg. 1057 C.26.a Key West International Airport Monroe County Airport Maintenance Storage Facility Florida DOT Project Number G1008 - Monroe County DPW Project: GAKD143 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/Chairman 0 Witnesses for CONTRACTOR: CONT Signature Signal of person uthorized to legally bind w Corporation Colleen Castagna Gary A.Loer,President Print Name Print Name W Date: June 24,2020 Date: June 24,2020 Signature �p E C A FORM EY . Kim McGinnis , . , Print Name RED O J. C T1 B — Date: June 24,2020 Date 6/26/20 CONTRACT II-g Packet Pg. 1058 C.26.a Client#:4463 DLPORTER DATE(MM/DD/YYYY) ACORD.. CERTIFICATE OF LIABILITY INSURANCE 12/31/2019 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 NAME: Bouchard Insurance,Inc. PHONE 727 447-6481 FAX 727 449-1267 A/C No Ext: A/C No 101 N Starcrest Dr. ADORIEss: certificates@bouchardinsurance.com CD Clearwater,FL 33765 INSURER(S)AFFORDING COVERAGE NAIC# 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 Old Dominion Insurance Company Sarasota,FL 34238-2777 INSURER D: P Y 40231 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 CIL INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR 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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I INSR ADDL SUER POLICY)F( POLICY EXP LTR _ TYPE OF INSURANCE INSR WV_D_ POLICY.NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS A COMMERCIAL GENERAL LIABILITY Y Y 103GLOO1647606 1/01/2020 01/01/2021 EACH OCCURRENCE S1,0001000 . ._... CLAIMS-MADE [ X OCCUR R MA A A O RENTED (Ea occurrence} $100,000 X BI/PD Ded:2,500 MED EXP(Any one person) S5,000 PERSONAL&ADV INJURY $1_,000,000 GEN'L AGGREGATE LIMIT APPLIES PER' GENERAL AGGREGATE. 52,000,000 PRO- POLICY XI JECT [ X I LOC PRODUCTS-COMPIOPAGG 52,000,000 OTHER: ... ..._ _. ... _. $ _. COMBINEDSINGI E'LIMIT cu D AUTOMOBILE LIABILITY Y Y B1T3307V 1/01/2020 01/01/2021 1 000000 L_ accdent„ 5.. O X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED _ _.._.., `AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED pROPE "} µR7Y DAMAGE � Xk AUTOS ONLY 'X AUTOS ONLY Per accident $ $ B UMBRELLA LIAB' _ OCCUR Y Y ZUP81N0856420NF 1/01/2020 01/01/2021 EACH OCCURRENCE $ '99 90 Xf EXCESS LIAB X CLAIMS-MADE AGGREGATE $5,000,000 t8 I DED X RETENTION S10,000 S C WORKERS COMPENSATION Y WC208074508 1/01/2020 01/01/2021 X PER OTH- AND EMPLOYERS'LIABILITY STATUTEER O ANY PROPRIETORIPARTNERIEXECUTIVE Y/N E,L EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? Y� N I A (Mandatory In NH) DISEASE EA EMPLOYEE 5500 OOO If yes,describe under ""` t DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT $500,000 C Leased/Rented iIM20593641103 1/01/2020 01/01/2021 $100,000 Equipment Ded:$1,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attach m Workers Comp Information"* ) Proprietors/Partners/Executive Officers/Members Excluded: BY ay Gary Loer,President E DATE— Marshall White,Vice-Pres WAiV� N/ _ YE?._.� � (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Monroe County Board of County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ty THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street 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 #S1196011/M1195810 MIKKO Packet Pg. 1059 C.26.a DESCRIPTIONS (Continued from Page 1) Additional insured status with respect to General Liability,Auto Liability&Excess Liability per the attached form(s). Waiver of subrogation applies with respect to General Liability,Auto Liability,Excess Liability&Workers Compensation per the attached form(s). Coverage is primary as respects to General Liability and non-contributory as subject to the terms, conditions and exclusions of your policy. Key West International Airport 3491 S.Roosevelt Blvd Key West,FL 33040 0 CL N 0) SAGITTA 25.3(2016/03) 2 of 2 #S11960111M1195810 Packet Pg. 1060